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2018 06 11 Agenda PacketAGENDA CHANHASSEN CITY COUNCIL MONDAY, JUNE 11, 2018 CHANHASSEN CITY HALL, 7700 MARKET BOULEVARD A.5:30 P.M. ­ WORK SESSION Note:  Work sessions are open to the public.If the City Council does not complete the work session items in the time allotted, the remaining items will be considered after the regular agenda. 1.Review Priorities for Downtown Vision Study 2.Pervious Pavers Code Amendment Update 3.Discuss Galpin Property Development B.7:00 P.M. ­ CALL TO ORDER C.PUBLIC ANNOUNCEMENTS 1.Presentation of Maple Leaf Award to Marilyn Luthy D.CONSENT AGENDA All items listed under the Consent Agenda are considered to be routine by the city council and will be considered as one motion.  There will be no separate discussion of these items.  If discussion is desired, that item will be removed from the Consent Agenda and considered separately.  City council action is based on the staff recommendation for each item.  Refer to the council packet for each staff report. 1.Approval of City Council Minutes dated May 29, 2018 2.Receive Planning Commission Minutes dated May 15, 2018 3.Ordinance 632: Amendments to City Code­Chapters 1, 4, 10, and 20 4.Accept Mediated Settlement Agreement with Diverse Construction Services, LLC E.VISITOR PRESENTATIONS 1.Tour de Tonka 2018 ­ Tim Litfin, Minnetonka Community Education F.OLD BUSINESS G.PUBLIC HEARINGS AGENDACHANHASSEN CITY COUNCILMONDAY, JUNE 11, 2018CHANHASSEN CITY HALL, 7700 MARKET BOULEVARDA.5:30 P.M. ­ WORK SESSIONNote:  Work sessions are open to the public.If the City Council does not complete the worksession items in the time allotted, the remaining items will be considered after the regularagenda.1.Review Priorities for Downtown Vision Study2.Pervious Pavers Code Amendment Update3.Discuss Galpin Property DevelopmentB.7:00 P.M. ­ CALL TO ORDERC.PUBLIC ANNOUNCEMENTS1.Presentation of Maple Leaf Award to Marilyn LuthyD.CONSENT AGENDAAll items listed under the Consent Agenda are considered to be routine by the city council andwill be considered as one motion.  There will be no separate discussion of these items.  Ifdiscussion is desired, that item will be removed from the Consent Agenda and consideredseparately.  City council action is based on the staff recommendation for each item.  Refer to thecouncil packet for each staff report.1.Approval of City Council Minutes dated May 29, 20182.Receive Planning Commission Minutes dated May 15, 20183.Ordinance 632: Amendments to City Code­Chapters 1, 4, 10, and 204.Accept Mediated Settlement Agreement with Diverse Construction Services, LLCE.VISITOR PRESENTATIONS1.Tour de Tonka 2018 ­ Tim Litfin, Minnetonka Community EducationF.OLD BUSINESS G.PUBLIC HEARINGS 1.Resolution 2018­36: Venue/Aldi Property ­ Termination and Release of Easement Rights H.NEW BUSINESS I.COUNCIL PRESENTATIONS J.ADMINISTRATIVE PRESENTATIONS K.CORRESPONDENCE DISCUSSION 1.Review of Claims Paid 06­11­2018 L.ADJOURNMENT M.GUIDELINES GUIDELINES FOR VISITOR PRESENTATIONS Welcome to the Chanhassen City Council Meeting.  In the interest of open communications, the Chanhassen City Council wishes to provide an opportunity for the public to address the City Council.  That opportunity is provided at every regular City Council meeting during Visitor Presentations. Anyone indicating a desire to speak during Visitor Presentations will be acknowledged by the Mayor.  When called upon to speak, state your name, address, and topic.  All remarks shall be addressed to the City Council as a whole, not to any specific member(s) or to any person who is not a member of the City Council. If there are a number of individuals present to speak on the same topic, please designate a spokesperson that can summarize the issue.  Limit your comments to five minutes.  Additional time may be granted at the discretion of the Mayor.  If you have written comments, provide a copy to the Council. During Visitor Presentations, the Council and staff listen to comments and will not engage in discussion.  Council members or the City Manager may ask questions of you in order to gain a thorough understanding of your concern, suggestion or request. Please be aware that disrespectful comments or comments of a personal nature, directed at an individual either by name or inference, will not be allowed.  Personnel concerns should be directed to the City Manager. Members of the City Council and some staff members may gather at Applebee's, 590 West 79th Street in Chanhassen immediately after the meeting for a purely social event.  All members of the public are welcome. CITY COUNCIL STAFF REPORT Monday, June 11, 2018 Subject Review Priorities for Downtown Vision Study Section 5:30 P.M. ­ WORK SESSION Item No: A.1. Prepared By Kate Aanenson AICP, Community Development Director File No:  SUMMARY Bryan Harjes from Hoisington Koegler Group Inc. will present the attached Draft Downtown Chanhassen Vision Update and the Chanhassen Downtown Vision Plan City Council Survey Rankings. ATTACHMENTS: Draft Downtown Chanhassen Vision Update Chanhassen Downtown Vision Plan CC Survey Rankings DOWNTOWN CHANHASSEN VISION UPDATE June 5, 2018DRAFT DOWNTOWN CHANHASSEN - VISION UPDATE JUNE 5, 20182 DRAFTTABLE OF CONTENTS / ACKNOWLEDGEMENTSCONTENTS PURPOSE AND HISTORY 3 PLANNING PROCESS 4 Stakeholder Engagement - Key Take Aways 4 MARKET SCAN 6 Demographic Trends 6 Retail 7 Office 7 Multi-Family Housing 7 VISION AND GUIDING PRINCIPLES 8 Foundation for a Plan 8 The Guiding Principles for Downtown 9 PHYSICAL FEATURES ANALYSIS 10 Enhancing Connectivity 10 Connectivity and Proposed Enhancements 11 DISTRICTS (LAND USE AND CHARACTER) 12 Land Use and Sub-Districts 12 IMPLEMENTATION STRATEGIES 14 Next Steps 14 ACKNOWLEDGEMENTS MAYOR -Denny Laufenburger CITY COUNCIL -Dan Campion -Jerry McDonald -Elise Ryan -Bethany Tjornhom PLANNING COMMISSION -Andrew Aller -Nancy Madsen -Michael McGonagill -Mark Randall -John Tietz - Mark Undestad - Steven Weick PARKS AND RECREATION COMMISSION -Jim Boettcher -Rick Echternacht -Cole Kelly -Meredith Petouvis -Joseph Scanlon -Grant Schaeferle - Youth Commissioner -Steve Scharfenberg -Karl Tsuchiya DOWNTOWN CHANHASSEN - VISION UPDATE JUNE 5, 2018 3DRAFT PURPOSE AND HISTORYEXISTING DOWNTOWN VISION PLAN In 1993, the citizens of Chanhassen were asked to participate in a planning effort to help determine a vision for growth and development for Downtown Chanhassen. The Chanhassen Vision 2002, was the product of that planning exercise and has helped guide development and redevelopment decisions for the Downtown for over the last twenty five years. Key initiatives then included creating a compact, walkable downtown district, leveraging unique aspects such as the Chanhassen Dinner Theater to expand entertainment options, create a central park for the community and better connect the surrounding neighborhoods to downtown. This study relied on community feedback and input throughout the planning process. At that time, the community comments led to improved visibility and access from Highway 5, an enhanced pedestrian network of sidewalks and trails, noted the desire for increased evening entertainment and dining options, as well as additional housing options and improved public facilities. The outcomes led to significant investments in the downtown including the development of the library and central park, multiple new restaurants, entertainment options including the movie theater, significant commercial and office developments, a senior center and the new Carver County License Center. Fast-forward to today, the City of Chanhassen has conducted a planning process to evaluate the conditions of downtown and update the vision for downtown district. The resulting Downtown Vision Update planning effort included an analysis of downtown’s physical conditions today including the transportation and circulation network, pedestrian and bicycle connectivity, land use and smaller sub-districts, and potential change areas. A high-level scan of market conditions for downtown was also conducted to better understand the future market potential for commercial, residential and office uses. Additionally, this effort evaluated the existing vision statement and guiding principles and sought to prioritize the implementation steps for the community to address in downtown over the next 20+ years. The Downtown Vision Update is expected to provide general guidance to help direct decisions and investments in the area between now and 2040. Cover page from the Chanhassen Vision 2002 newsletter summary DOWNTOWN CHANHASSEN - VISION UPDATE JUNE 5, 20184 DRAFTPLANNING PROCESSPLANNING PROCESSThe planning process involved a range of stakeholders including property owners, community leadership and the general public through various meetings, an open house and on-line engagement. Information on the planning process was provided on the City’s website and notifications were posted on the City of Chanhassen’s Facebook page. The City also promoted the planning process and on-line questionnaire in the Chanhassen Connection quarterly publication. City staff hosted a drop-by booth at the February Festival and attended various commission meetings including the Planning Commission, Environmental Commission, Senior Commission and Parks and Recreation Commission to gather feedback. General themes from these discussions included safer pedestrian crossings in downtown, more dining and entertainment options, additional housing options and enhanced landscaping and streetscapes. The following summarize the comments from the property owner discussions, the community open house and the online questionnaire: PROPERTY OWNER DISCUSSIONS »Provide transportation options for local residents to get them Downtown during daytime hours » Focus on enhancing retail ‘experience’ by attracting entertainment and destination type retail attractions (breweries, outdoor eating and patios, etc.) »Acknowledge retail online shopping trends, focus development away from retail offerings typically satisfied online »The existing Downtown street and pedestrian network isn’t desirable and doesn’t promote high levels of pedestrian activity - Parking lots separate business front doors from sidewalks - Large blocks make walking within Downtown uninviting and less attractive - Lack of street grid makes navigation and wayfinding more difficult »Residential drives Downtown retail, more residential downtown would enhance the overall retail environment »Housing Downtown should incorporate shared amenities »Senior housing needs to be considered Downtown »Future development should include housing at sufficient density to sustain financial viability »Organize and attract more downtown events COMMUNITY OPEN HOUSE »New development (or redevelopment) should enhance the environment Downtown and provide high quality architectural features and amenities »General support for higher density development that includes both residential and commercial/retail in a vertical mixed use format »Downtown need for more ‘destination’ entertainment options, including leveraging what already exists Downtown to draw and support new options. »General desire for more housing options downtown including senior housing and housing with shared amenities »A desire to attract more locally based businesses/tenants rather than national brands/chains »Vehicle and pedestrian circulation enhancements to improve experience and safety are needed STAKEHOLDER ENGAGEMENT - KEY TAKE AWAYS DOWNTOWN CHANHASSEN - VISION UPDATE JUNE 5, 2018 5DRAFT PLANNING PROCESSHoisington Koegler Group Inc. DOWNTOWN CHANHASSEN VISION PLAN UPDATE Property Owners & Tenants Meeting October 6th, 2017 Meeting with Property Owners November Community Open House ONLINE QUESTIONNAIRE »Downtown needs to develop/enhance its identity as a vibrant and attractive destination »New development should contribute the Downtown experience and enhance its identity. »Retail focus should be on attracting a diverse range of high quality ‘destination’ tenants (boutiques, speciality retailers, entertainment venues, breweries, etc.) and retailers that are less impacted by trends in online shopping »Creation of a ‘small town atmosphere’ through tenants, architecture, materials, and the pedestrian experience »Desire to enhance access and safety both for cars and pedestrians, general consensus that Downtown will be most successful if it provides an attractive pedestrian experience while also being easily accessible for automobiles. »Build on existing strengths in downtown (public spaces, anchor retailers, civic destinations, entertainment anchor, good highway access) to solidify the pieces into a cohesive and resilient destination that ‘lifts all boats’ »Provide housing options downtown for a range of ‘life stages’ DOWNTOWN CHANHASSEN - VISION UPDATE JUNE 5, 20186 DRAFTMARKET SCANMARKET SCAN A market scan was conducted as a part of the planning effort to better inform the current demographic and economic conditions in Downtown Chanhassen and the surrounding local market area. The market scan helped outline a potential build-out analysis, identifying the various marketable development components for the Downtown district of the next 20 years. The full market scan summary is available as an appendix to this report. DEMOGRAPHIC TRENDS POPULATION AND HOUSEHOLD PROJECTIONS Chanhassen’s population is projected to growth by more than 46 percent over the next 25 years and will add more than 4,700 households. Accommodating this growth creates development opportunities in downtown to provide new housing and services to support the increase in residents. An aging population and shifts in housing demand also enhance demand for a greater variety of housing options near services and amenities. POPULATION PROJECTIONS (METROPOLITAN COUNCIL) Facility Type Projected Change (2016-2040)% Change (2016-2040) Victoria 6,480 73% Chaska 10,161 38% Eden Prairie 19,237 30% Minnetonka 8,759 17% Shorewood 104 1% Chanhassen 11,652 46% HOUSEHOLD PROJECTIONS (METROPOLITAN COUNCIL) Facility Type Projected Change (2016-2040)% Change (2016-2040) Victoria 2,695 90% Chaska 4,669 49% Eden Prairie 8,444 34% Minnetonka 4,933 21% Shorewood 264 10% Chanhassen 4,733 51% EMPLOYMENT PROJECTIONS (METROPOLITAN COUNCIL) Facility Type Projected Change (2016-2040)% Change (2016-2040) Victoria 1,498 73% Chaska 4,651 58% Eden Prairie 7,038 37% Minnetonka 18,412 43% Shorewood -37 -26% Chanhassen 3,019 61% EMPLOYMENT (MET COUNCIL PROJECTIONS) Employment in Chanhassen is projected to growth by more than 61 percent over the next 25 years, adding more than 3,000 new jobs by 2040. A portion of this new employment can be captured by development in downtown, primarily in the retail and office markets. DOWNTOWN CHANHASSEN - VISION UPDATE JUNE 5, 2018 7DRAFT MARKET SCANEXISTING MARKET CONDITIONS Chanhassen’s downtown is leaking portion of retail spending to other communities in almost every segment. Key retail segments where the downtown can recapture demand include: »Grocery »Health / personal care »Sporting goods »Bars, breweries, wine tasting, etc. »Restaurants / other eating places FUTURE DEVELOPMENT POTENTIAL »Potential for sit-down restaurants over 15 year period »Potential for additional health, sporting goods retailers »Potential for additional grocery and general merchandising »Possibilities for entertainment uses (bars, breweries, wine tasting, etc.) »Additional developments to the west along Highway 5 may have some impact on downtown’s long term potential EXISTING MARKET CONDITIONS »Relatively small quantity of existing office space »Existing building stock appeals to small companies, medical office, professional services »Downtown is likely to remain primarily a location for smaller scale, neighborhood-oriented office uses EXISTING MARKET CONDITIONS »Relatively small existing inventory of multi-family in Downtown area »Strong market across Twin Cities region with multi-family development now moving to outer suburbs »Competitive for-sale market and job growth are driving strong trend of multi-family development FUTURE DEVELOPMENT POTENTIAL »Potential for several thousand square feet of additional space Downtown »Limited potential relative to other development types »Place making strategies would enhance marketability of office development FUTURE DEVELOPMENT POTENTIAL »Potential for several multi-family projects »Marketability would be enhanced by place making strategies for Downtown »Mixed-use development is likely to have success in the local market RETAIL OFFICE MULTI-FAMILY HOUSING DOWNTOWN CHANHASSEN - VISION UPDATE JUNE 5, 20188 DRAFTVISION AND GUIDING PRINCIPLEFOUNDATIONS FOR A PLAN The community’s vision and guiding principles are rooted in the community feedback and are intended to create an evaluation mechanism for decision makers as new development projects are proposed in the downtown. The planning process evaluated the Vision and Guiding Principles from the Chanhassen Vision 2002 Plan and found there is still strong alignment. Public plaza adjacent to retail provide an attractive venue for annual events and provide outdoor seating and other amenities that support successful retail. High quality architecture, landscaping, and a strong pedestrian realm creates an attractive environment that draw in visitors and establish a downtown identity. THE VISION FOR DOWNTOWN Downtown Chanhassen is the focus for commercial exchange, cultural expression, social interaction and community education, enriching the lives of residents while presenting an appealing and recognizable image to the large and growing Upper Midwest Population it serves. It is a downtown which incorporates and maintains elements of the past, such as it’s historical and natural features, possesses a “small town” atmosphere and entertainment focus, but is planned to be adaptable to change – changes in technology, changes in service deliveries, changes in retailing and entertainment. It is a downtown designed for the future while satisfying the needs of today, one which maintains a strong sense of community focus and orientation, one which fosters convenience, one which maintains a pedestrian scale and emphasizes people movement while providing the full range of transit options. It is a downtown which encourages human interaction, one which mixes uses (retail, cultural, entertainment, housing, education and recreation) to make prudent and efficient use of space, one which meets and is adaptable to contemporary retailing standards and is financially successful. DOWNTOWN CHANHASSEN - VISION UPDATE JUNE 5, 2018 9DRAFT VISION AND GUIDING PRINCIPLETHE GUIDING PRINCIPLES FOR DOWNTOWN BUILD COMMUNITY Chanhassen’s downtown is the focus of the community’s culture. Constructing a downtown provides opportunities to build a commitment to Chanhassen “the place,” to reinforce the traditions of the community and to strengthen the ties between its citizens CREATE A CITY COMMONS A public open space for celebrating community life should be a highlight of the downtown, creating a center of activity and a focus for the downtown. CONNECT TO THE NEIGHBORHOODS Surrounding downtown neighborhoods should be linked, strengthening the relationship between the downtown and the community it serves DEFINE THE PEDESTRIAN NETWORK Some areas within the downtown should be dedicated solely to pedestrian use. They should be clearly defined, save and provide convenient access to a variety of destinations. Larger outdoor rooms should be linked to the pedestrian network, allowing for planned community gatherings, informal activities or quiet retreat from the more active uses of the downtown. MARK THE DOWNTOWN The downtown’s entry points and edges should be defined, making them distinct and identifiable. The distinguishing features of the larger Chanhassen landscape should be reflected throughout the downtown. DRAW FROM THE ENVIRONMENT To build or enhance its character, the downtown should take cues from its surroundings, recognizing that a distinct identity can be created by maintain strong connections to the existing historic and natural environment. MIX USES IN NEW DEVELOPMENT Uses within the downtown should be mixed, encouraging people to visit at different times and for a variety of purposes. PARK ONCE, SHOP TWICE Users of the downtown should be able to walk comfortably between destinations, thereby enlivening the public space and reducing automobile traffic. ANTICIPATE THE FUTURE The downtown should keep pace with technological change and readily adapt to the opportunities of the future. DOWNTOWN CHANHASSEN - VISION UPDATE JUNE 5, 201810 DRAFTPHYSICAL FEATURES ANALYSISDowntown Chanhassen’s existing circulation network (seen in the figure to the right) highlights the existing vehicular, bike, and pedestrian circulation network into downtown. Additionally, this graphic articulates targeted enhancements to downtown’s connectivity. Enhanced options for walking and biking downtown helping to: » Alleviate traffic congestion and demand for parking, by reducing trips within the Downtown area; through a park once approach. »Make Downtown a more desirable destination for retailers by making it more comfortable to walk from one part of Downtown to the next » Enhance the vitality of the street by activating it with pedestrians »Improve access to Downtown businesses and resources for nearby residents Continuing to enhance and strengthen these connections is an important component in maintaining the vitality and desirability of Downtown as a retail and housing destination long-term. During the community engagement process the following elements (listed below) were identified as key priorities for improving the overall connectivity of Downtown: »Improved pedestrian crossings at roadways, making them safer and more comfortable for pedestrians and cyclists »Link businesses to the bicycle and pedestrian network, allowing users to walk from one destination to another safely and conveniently »Increase pedestrian lighting to enhance safety and provide a more attractive atmosphere »Strengthen the connections to surrounding neighborhoods »Provide a more attractive streetscape and public realm enhanced through landscaping, tree planting, signage, lighting, streetscape furnishings, and other amenities »Improve navigation by providing wayfinding and directional signage for visitors at key decision points and intersections »Improved Highway 5 crossing to link the uses to the south ENHANCING CONNECTIVITY Enhanced lighting, landscaping, paving, and pedestrian crossings can all contribute to a more attractive safer downtown environment Pedestrian and bicycle amenities contribute to identity and attractiveness, reinforcing the sense of a place and helping to establish an identity Enhanced pedestrian crossings make pedestrian experience safer and more attractive for all Downtown users DOWNTOWN CHANHASSEN - VISION UPDATE JUNE 5, 2018 11DRAFT PHYSICAL FEATURES ANALYSISCONNECTIVITY AND PROPOSED ENHANCEMENTS ENHANCED STREETSCAPE / PUBLIC REALM EXISTING HIGHWAY 5 OVERPASS IMPROVED PEDESTRIAN CROSSING OF HIGHWAY 5 POTENTIAL LONG-TERM CROSSING UNDER HIGHWAY 5 ENHANCE CONNECTIONS FROM STREETS TO LOCAL BUSINESSES ENHANCED PEDESTRIAN INTERSECTION CROSSINGS DOWNTOWN CHANHASSEN - VISION UPDATE JUNE 5, 201812 DRAFTDISTRICTS (LAND USE AND CHARACTER)The land use and sub-districts diagram (on the next page) identifies through physical analysis, market analysis, and community feedback where the most appropriate locations for future land uses. It also identifies which areas have the potential to support housing in Downtown. This diagram paired with the opportunity sites map should be used as a framework to guide development into areas where it best fits with the overall vision for Downtown. Downtown can be divided into a series of sub-districts. The west portion is largely characterized be existing anchor retailers (Target / Byerlys) with opportunities for traditional commercial out lots development. Development in this area should have architecture features and amenities that signal arrival into the downtown area and help establish the architectural character of downtown as a whole. The area between the railroad and Highway 5 will likely remain oriented towards the highway commercial uses, capitalizing on good access and views. Development in this areas should focus on providing a mix of retail, restaurants, and services. The north and east areas are likely to remain unchanged, offering important services and attractions that contribute to the character of downtown and drawing a significant number of visitors. These areas, like the anchor retail sites are foundational pieces upon which new development in Downtown should build. At the core of Downtown is a mixed use district which may include entertainment, fine dinning, boutique retailers, public plazas, and housing. Long term this area will be the central focus of activity for downtown and should draw from adjacent uses like the Chanhassen Dinner Theater, City Center, Library, and City Hall. This sub-district can be a substantial attraction for downtown and provide visitors the opportunity to conduct all of their activities on a well connected and attractive pedestrian network. This core area of Downtown is the most appropriate district for increased housing density and could provide a range of housing options. LAND USE AND SUB-DISTRICTS Mixed Use (Ground floor retail with upper floor residential) should have attractive architecture, enhance the street edge, and be the appropriate scale for downtown Preferred character for new office /medical services development focuses on attracting small tenants which provide local services New retail development should add to the sense of place and downtown identity and attract a range of retail and dining options DOWNTOWN CHANHASSEN - VISION UPDATE JUNE 5, 2018 13DRAFT DISTRICTS (LAND USE AND CHARACTER)LAND USE AND SUB-DISTRICTS DOWNTOWN CHANHASSEN - VISION UPDATE JUNE 5, 201814 DRAFTIMPLEMENTATION STRATEGIESNEXT STEPS The following represents a list of targeted initiatives for Downtown Chanhassen over the next five years and beyond. The initiatives highlighted in green have been identified by the city council as higher priorities. The city council , boards and commissions and city staff should focus on these high priority initiatives as first steps in Downtown’s evolution. IMPLEMENTATION - CONNECTIONS »Enhance crosswalks and pedestrian landing areas along major streets in the Downtown (Hwy 5, 78th Street, Market Blvd. Great Plains Blvd, etc.). »Implementing a “pedestrian priority phase” for signalized intersections allowing a head start for people walking or bicycling across the street. (Already underway) »Enhancement of sidewalks, plazas, and other connections between particular developments in Downtown, to encourage walking and biking from destination to destination. »Enhanced private walkways to connect storefronts to the walkways and trails located in the public right-of-way. »Maintain lower traffic speeds in the Downtown area. IMPLEMENTATION - PUBLIC REALM »Consider the creation of a City-led plan for public spaces (including plans for new public streets and enhanced streetscapes, and potential civic plazas or gathering places) that includes conceptual plans, cost estimates, and schedules for completion, as development in the Downtown area proceeds. »Consider the creation of a formal future street and mobility plan for Downtown, which would formally establish the future alignments for internal roads (as well as sidewalks and promenades) that would connect the different districts within downtown. »Encourage additional landscaping, boulevard trees, site furnishings, seasonal decor, unique paving and pedestrian scaled lighting to enhance the pedestrian experience. IMPLEMENTATION - SUB-DISTRICTS »Further articulation of the sub-districts as identified in the Downtown Vision Plan to help guide expectations for urban design and development aesthetics within the Downtown area. »Consider the refinement of the identified sub-districts to determine desired locations for mixed use projects in the Downtown area. »Consider the creation of a formal incentives policy for Downtown, including potentially a formal scoring system in which projects that meet specific criteria tied to the Downtown Vision (in terms of enhancing the aesthetic appeal of Downtown, walkability, and other factors) would achieve better scores and therefore have a better chance of gaining approval of incentives DOWNTOWN CHANHASSEN - VISION UPDATE JUNE 5, 2018 15DRAFT IMPLEMENTATION STRATEGIESIMPLEMENTATION - DESIGN »Consider Design Guidelines on a sub-district basis that articulate the desired height & relationship to the street for buildings, public realm features and overall design aesthetic to help guide the quality and character expected within the different sub-districts of Downtown. »Consider changes in zoning requirements for various sub-districts within Downtown, articulating the desired mix of uses, height and scale for buildings in Downtown. »Consider a reduction in parking requirements for mixed use and retail projects in Downtown. »Consider the facilitation of shared parking arrangements between different property owners in Downtown, particularly with mixed use projects combining retail, office and residential. »Consider working with property owners across the downtown to create a “park once” environment, in which visitors could park in one location and traverse from business to business in Downtown Chanhassen without driving, in order to minimize traffic congestion IMPLEMENTATION - OUTREACH »Consider efforts for on-going recruit of entertainment-oriented and unique speciality tenants (i.e. Brewery/distillery or other restaurants/ entertainment) to locate downtown districts -Work with prospective developers to integrate restaurant or entertainment uses within their projects. »Consider recruitment of developers experienced in mixed-use to explore and pursue projects in Downtown Chanhassen. »Ongoing networking with and recruitment of developers to consider project opportunities in the Downtown Chanhassen area -Ongoing interaction at regional development organizations such as Urban Land Institute (ULI) and at national conferences such as the International Council of Shopping Centers ( ). Chanhassen Downtown Vision Plan Rankings From the same list of implementation items, please select your top FIVE from the list below. Answer Choices Responses Average Ranking Rating Tier OUTREACH - Consider efforts for on-going recruit of entertainment-oriented and unique specialty tenants (i.e. brewery/distillery or other restaurants/entertainment) to locate downtown districts. Work with prospective developers to integrate restaurant or entertainment uses within their projects. 80.00%4 * CONNECTIONS - Enhancement of sidewalks, plazas, and other connections between particular developments in Downtown, to encourage walking and biking from destination to destination.60.00%3 PUBLIC REALM - Consider the creation of a City-led plan for public spaces (including plans for new public streets and enhanced streetscapes, and potential civic plazas or gathering places) that includes conceptualplans, cost estimates, and schedules for completion, as development in the Downtown area proceeds. 60.00%3 DESIGN - Consider changes in zoning requirements for various sub-districts within Downtown, articulating the desired mix of uses, height and scale for buildings in Downtown.60.00%3 * PUBLIC REALM - Consider the creation of a formal future street and mobility plan for Downtown, which would formally establish the future alignments for internal roads (as well as sidewalks and promenades) that would connect the different districts within downtown.40.00%2 * SUB-DISTRICTS - Consider the creation of a formal incentives policy for Downtown, including potentially a formal scoring system in which projects that meet specific criteria tied to the Downtown Vision (in terms of enhancing the aesthetic appeal of Downtown, walkability, and other factors) would achieve better scoresand therefore have a better chance of gaining approval of incentives. 40.00%2 * DESIGN - Consider Design Guidelines on a sub-district basis that articulate the desired height & relationship to the street for buildings, public realm features and overall design aesthetic to help guide the quality and character expected within the different sub-districts of Downtown.40.00%2 CONNECTIONS - Enhance crosswalks and pedestrian landing areas along major streets in the Downtown (Hwy 5, 78th Street, Market Blvd. Great Plains Blvd, etc.).20.00%1 * CONNECTIONS - Implementing a “pedestrian priority phase” for signalized intersections allowing a head start for people walking or bicycling across the street. (already underway)20.00%1 CONNECTIONS - Enhanced private walkways to connect storefronts to the walkways and trails located in the public right-of-way.20.00%1 OUTREACH - Consider recruitment of developers experienced in mixed-use to explore and pursue projects in Downtown Chanhassen.20.00%1 OUTREACH - Ongoing networking with and recruitment of developers to consider project opportunities in the Downtown Chanhassen area. Ongoing interaction at regional development organizations such as Urban Land Institute (ULI) and at national conferences such as the International Council of Shopping Centers (ICSC). 20.00%1 If you wrote in an implementation item in question 2 and wish to select it as a TOP 5 priority, please copy the text here and check the box.20.00%1 CONNECTIONS - Maintain lower traffic speeds in the Downtown area.0.00%0 PUBLIC REALM - Encourage additional landscaping, boulevard trees, site furnishings, seasonal decor, unique paving and pedestrian scaled lighting to enhance the pedestrian experience.0.00%0 SUB-DISTRICTS - Further articulation of the sub-districts as identified in the Downtown Vision Plan to helpguide expectations for urban design and development aesthetics within the Downtown area.0.00%0 SUB-DISTRICTS - Consider the refinement of the identified sub-districts to determine desired locations formixed use projects in the Downtown area.0.00%0 DESIGN - Consider a reduction in parking requirements for mixed use and retail projects in Downtown.0.00%0 DESIGN - Consider the facilitation of shared parking arrangements between different property owners in Downtown, particularly with mixed use projects combining retail, office and residential.0.00%0 DESIGN - Consider working with property owners across the downtown to create a “park once” environment, in which visitors could park in one location and traverse from business to business in Downtown Chanhassen without driving, in order to minimize traffic congestion.0.00%0 * = Implementation items that were rated with an average score of 4 or above Chanhassen Downtown Vision Plan Rankings Please rank each implementation item on a scale from 1 to 5, five being the highest priority, one below the lowest or not applicable. Column1 1 2 3 4 5 Weighted Average Tier OUTREACH - Consider efforts for on-going recruit of entertainment-oriented and unique specialty tenants (i.e. brewery/distillery or other restaurants/entertainment) to locate downtown districts. Work with prospective developers to integrate restaurant or entertainment uses within their projects.0.00%0.00%0.00%40.00%60.00%4.6 SUB-DISTRICTS - Consider the creation of a formal incentives policy for Downtown, including potentially a formal scoring system in which projects that meet specific criteria tied to the Downtown Vision (in terms of enhancing the aesthetic appeal of Downtown, walkability, and other factors) would achieve better scores and therefore have a better chance of gaining approval of incentives.0.00%20.00%0.00%20.00%60.00%4.2 CONNECTIONS - Enhance crosswalks and pedestrian landing areas along major streets in the Downtown (Hwy 5, 78th Street, Market Blvd. Great Plains Blvd, etc.).0.00%0.00%20.00%60.00%20.00%4 PUBLIC REALM - Consider the creation of a formal future street and mobility plan for Downtown, which would formally establish the future alignments for internal roads (as well as sidewalks and promenades) that would connect the different districts within downtown.0.00%0.00%20.00%60.00%20.00%4 DESIGN - Consider changes in zoning requirements for various sub-districts within Downtown, articulating the desired mix of uses, height and scale for buildings in Downtown.20.00%0.00%0.00%20.00%60.00%4 CONNECTIONS - Enhancement of sidewalks, plazas, and other connections between particular developments in Downtown, to encourage walking and biking from destination to destination.20.00%0.00%0.00%40.00%40.00%3.8 PUBLIC REALM - Consider the creation of a City-led plan for public spaces (including plans for new public streets and enhanced streetscapes, and potential civic plazas or gathering places) that includes conceptual plans, cost estimates, and schedules for completion, as development in the Downtown area proceeds.20.00%0.00%0.00%40.00%40.00%3.8 OUTREACH - Consider recruitment of developers experienced in mixed-use to explore and pursue projects in Downtown Chanhassen.0.00%0.00%40.00%40.00%20.00%3.8 CONNECTIONS - Implementing a “pedestrian priority phase” for signalized intersections allowing a head start for people walking or bicycling across the street. (already underway)0.00%0.00%40.00%60.00%0.00%3.6 SUB-DISTRICTS - Further articulation of the sub-districts as identified in the Downtown Vision Plan to help guide expectations for urban design and development aesthetics within the Downtown area.0.00%0.00%60.00%20.00%20.00%3.6 SUB-DISTRICTS - Consider the refinement of the identified sub-districts to determine desired locations for mixed use projects in the Downtown area.0.00%0.00%40.00%60.00%0.00%3.6 DESIGN - Consider Design Guidelines on a sub-district basis that articulate the desired height & relationship to the street for buildings, public realm features and overall design aesthetic to help guide the quality and character expected within the different sub-districts of Downtown.0.00%20.00%20.00%40.00%20.00%3.6 DESIGN - Consider the facilitation of shared parking arrangements between different property owners in Downtown, particularly with mixed use projects combining retail, office and residential.0.00%0.00%40.00%60.00%0.00%3.6 CONNECTIONS - Enhanced private walkways to connect storefronts to the walkways and trails located in the public right-of-way.0.00%40.00%0.00%40.00%20.00%3.4 DESIGN - Consider working with property owners across the downtown to create a “park once” environment, in which visitors could park in one location and traverse from business to business in Downtown Chanhassen without driving, in order to minimize traffic congestion.0.00%0.00%80.00%0.00%20.00%3.4 CONNECTIONS - Maintain lower traffic speeds in the Downtown area.20.00%20.00%0.00%40.00%20.00%3.2 OUTREACH - Ongoing networking with and recruitment of developers to consider project opportunities in the Downtown Chanhassen area. Ongoing interaction at regional development organizations such as Urban Land Institute (ULI) and at national conferences such as the International Council of Shopping Centers (ICSC).0.00%40.00%20.00%40.00%0.00%3 DESIGN - Consider a reduction in parking requirements for mixed use and retail projects in Downtown.0.00%60.00%0.00%40.00%0.00%2.8 PUBLIC REALM - Encourage additional landscaping, boulevard trees, site furnishings, seasonal decor, unique paving and pedestrian scaled lighting to enhance the pedestrian experience.0.00%60.00%40.00%0.00%0.00%2.4 CITY COUNCIL STAFF REPORT Monday, June 11, 2018 Subject Pervious Pavers Code Amendment Update Section 5:30 P.M. ­ WORK SESSION Item No: A.2. Prepared By Kate Aanenson, Community Development Director & Paul Oehme, Public Works Director/City Engineer File No:  BACKGROUND On May 15, 2018 the Planning Commission voted 4­3 to advance this item, with the stipulation that the City Council be made aware of and consider the concerns stated by the Planning Commissioners. DISCUSSION Pervious Pavements (full report is presented as an attachment) Report Summary: For over a year staff has been investigating the possibility of allowing residents to utilize pervious pavers to exceed existing lot coverage limits. Since lot coverage is linked to both stormwater management and the overall intensity of land use within the city, it is important to balance the benefits of allowing increased lot coverage with its potential consequences. The city must also make sure that any proposed change to the ordinance will satisfactorily address the issue of properties with substandard lots that are built up to or above their permitted lot cover. Staff believes that allowing homes located in Residential Single Family Districts (RSF) outside of the Shoreland Management District five percent additional lot coverage in the form of pervious pavement will provide flexibility for homeowners looking to improve their properties while minimizing the potential for negative impacts. Ordinance in Brief: Staff proposes allowing RSF properties 30 percent lot cover, of which no more than 25 percent may be impervious surfaces. Properties within the shoreland overlay district would still be limited to 25 percent lot cover. Staff proposes that in order to be considered pervious pavement a system must be designed to provide rate and volume control for the first half inch of treatment area, conform to City of Chanhassen Standard Specification and Detail Plates, be designed to Interlocking Concrete Pavement Institute (ICPI) standards, and be installed by an ICPI certified installer. Staff proposes that owners of these systems be required to enter into a maintenance agreement with the city. CITY COUNCIL STAFF REPORTMonday, June 11, 2018SubjectPervious Pavers Code Amendment UpdateSection5:30 P.M. ­ WORK SESSION Item No: A.2.Prepared By Kate Aanenson, CommunityDevelopment Director & Paul Oehme,Public Works Director/City Engineer File No: BACKGROUNDOn May 15, 2018 the Planning Commission voted 4­3 to advance this item, with the stipulation that the City Councilbe made aware of and consider the concerns stated by the Planning Commissioners.DISCUSSIONPervious Pavements (full report is presented as an attachment)Report Summary:For over a year staff has been investigating the possibility of allowing residents to utilize pervious pavers toexceed existing lot coverage limits. Since lot coverage is linked to both stormwater management andthe overall intensity of land use within the city, it is important to balance the benefits of allowingincreased lot coverage with its potential consequences. The city must also make sure that anyproposed change to the ordinance will satisfactorily address the issue of properties with substandardlots that are built up to or above their permitted lot cover. Staff believes that allowing homes located inResidential Single Family Districts (RSF) outside of the Shoreland Management District five percentadditional lot coverage in the form of pervious pavement will provide flexibility for homeowners lookingto improve their properties while minimizing the potential for negative impacts.Ordinance in Brief:Staff proposes allowing RSF properties 30 percent lot cover, of which no more than 25 percent may beimpervious surfaces. Properties within the shoreland overlay district would still be limited to 25 percent lotcover. Staff proposes that in order to be considered pervious pavement a system must be designed toprovide rate and volume control for the first half inch of treatment area, conform to City of ChanhassenStandard Specification and Detail Plates, be designed to Interlocking Concrete Pavement Institute (ICPI)standards, and be installed by an ICPI certified installer. Staff proposes that owners of these systems be required to enter into a maintenance agreement with the city. ATTACHMENTS: Pervious Pavement Staff Report Pervious Pavement Ordinance MEMORANDUM TO: Planning Commission FROM: Paul Oehme, Director of Public Works/City Engineer Vanessa Strong, Water Resources Coordinator MacKenzie Walters, Assistant Planner DATE: June 11, 2018 SUBJ: Permeable Pavers SUMMARY A significant number of Chanhassen’s residents live on properties that are at or above the maximum amount of lot coverage permitted for their zoning district. When these homeowners contact the city to inquire about the possibility of adding on or installing a new patio, they find that their project cannot move forward or would require a variance due to the city’s lot coverage restrictions. For the last year staff has been investigating the possibility of allowing residents to utilize permeable pavements to exceed existing lot coverage caps and provide residents with an option other than requesting a lot coverage variance. Since lot coverage is linked to both stormwater management and the overall intensity of land use within the city, it is important to balance the benefits of allowing increased lot coverage with its potential consequences. The city must also make sure that any proposed change to the ordinance will satisfactorily address the issue of constrained properties. Staff believes that allowing homes located in Residential Single Family Districts (RSF) outside of the Shoreland Management District five percent additional lot coverage in the form of pervious pavement will provide flexibility for homeowners looking to improve their properties while minimizing the potential for negative impacts. This fairly conservative approach will allow the city to better understand how residents will utilize these systems, what their actual impacts will be, and the long term performance of pervious pavements within Chanhassen. If these Proposed Motion: “The Chanhassen City Council adopts the attached ordinance amending Chapters 7 and 20 of the City Code.” systems successfully accomplish the city’s goals and do not create significant issues, a similar ordinance could be enacted for other zoning districts. BACKGROUND The Chanhassen City Council selected a review and potential update of the city’s policy on pervious pavements in residential districts as a Key Fiscal Strategy for 2017. Staff contracted with Wenck Associates, Inc. to assist in determining the potential ramifications of modifying the city’s existing policy. During the June 26, 2017 City Council Work Session staff presented the results of the consultant’s study and internal research to the City Council. Staff was directed draft an ordinance allowing for the use of permeable pavers located in low-density residential districts outside of the Shoreland Overlay District. During the September 25, 2017 City Council Work Session staff discussed the proposed ordinance, and the City Council instructed staff to bring the proposal before the Planning Commission. During the October 17, 2017 Public Hearing, the Planning Commission expressed concerns about the long term impact of increasing residential lot coverage. They expressed concerns about both the long-term efficacy of these systems and the city’s capacity to identify, inspect, and enforce maintenance agreements. The Planning Commission indicated that additional research and public input should be gathered before altering the existing policy. The Planning Commission tabled the proposed code revisions and instructed staff to bring back an ordinance that resolved the issues identified with the terms lot coverage, impervious surface, and hardcover, but which did not increase the amount of lot coverage currently allowed in residential districts. During the November 21, 2017 Public Hearing the staff presented the requested definitions only amendment to resolve the issues identified with the terms lot coverage, impervious surface, and hardcover. The Planning Commission expressed some concern that the definition of pervious pavement be made more specific to ensure that systems are adequately designed. Staff clarified that design standards would be specifically addressed when/if the city allowed pervious pavers their own category of lot coverage. The Planning Commission recommended that the City Council approve the revised definitions. During the December 11, 2017 City Council meeting staff presented on the proposed definition changes. The City Council asked if staff was still investigating potentially permitting an increase in pervious lot coverage for residential districts. Staff clarified that they were waiting for the surface water management plan to be completed and also wanted to work with residents and contractors to ensure a smooth implementation of any changes. The City Council unanimously voted to adopt the revised definitions. On February 26, 2018 the City Council adopted a review and potential update of the city’s policy on permeable pavers as a Key Financial Strategy for 2018. On May 15, 2018 the Planning Commission vote 4-3 to advance this item, with the stipulation that the City Council be made aware of and consider the concerns stated by the planning commissioners. PUBLIC HEARING CONCERNS 1) Builders could use pervious pavers in lieu of impervious surfaces when initially constructing home to build homes with a larger footprint than would currently be permitted by city ordinance. This could result in both larger homes and new homeowners still being unable to add patios and other accessory uses due the home being built up to the new maximum lot cover. 2) This is a de facto increase in hard cover. It would be better to give credit on stormwater bills or otherwise incentivize the use of pervious pavements within the existing lot cover caps. There is concern that this is a way to allow individuals who built/purchased a home built to lot cover to circumvent the existing lot cover limits. 3) Preference was expressed for allowing pervious pavements in such a way that they can only be used to add patios/outdoor areas that would otherwise not be possible, but not utilized to free up lot coverage for the construction of larger homes. 4) 25 percent limit is 25 percent limit and homeowners and builders should plan/build around that. 5) Concern that 5 percent of larger residential lots could be a very large amount of additional lot coverage. Noted that many lots in the city exceed their district’s minimum size standard. 6) Suggestion that ordinance could be structured to be 5 percent additional lot coverage not to exceed a fixed amount to prevent larger properties form being allowed thousands of feet of additional lot cover. 7) Suggestion that the ordinance require a two for one installation of pervious pavements, i.e. if a homeowner wanted 750 square feet of pervious paver patio over what is currently allowed by code they would have to replace an additional 750 square feet of impervious surface on their property with pervious pavers so. During the Public Hearing portion of the May 15, 2018 meeting an industry expert spoke in favor of allowing the unrestricted installation pervious pavements. He felt that from a stormwater management standpoint they outperformed many of Chanhassen’s existing soils and that the technology should be evaluated and regulated purely on its stormwater management implications. This testimony caused the planning commission to consider what the value of greenspace (yards) is within the city. DISCUSSION Issue 1: Constrained lots The most common constraint that residents encounter when they are looking into improving their property is the city’s lot coverage limit. Properties tend to be at or above their lot coverage limit for one of two reasons: the lot, house, and lot cover were all created before current standards were enacted; or the builder or previous homeowner chose to maximize the property and improved it up to or in excess of the current limits. In the first instance, the city considers the property to be a non-conforming use and allows the homeowner to rearrange the existing lot cover to improve the property so long as the resulting lot coverage is less than the existing lot coverage, i.e. removing 200 square feet of driveway and installing 150 square feet of patio. In situations where small lot size prevents reasonable use of the property, staff will recommend approval of a lot coverage variance to allow for needed improvements, i.e. adding a two car garage to a property that does not have one. In the second case, the city encourages homeowners to plan their projects within the bounds established by the zoning ordinance. Property owners always have the right to request a variance; however, staff’s general policy is to recommended denial of lot coverage variances for properties that meet their districts’ general standards, unless extenuating circumstances are present. Allowing property owners an additional five percent lot coverage in the form of pervious pavements is a potential option for allowing the owners of some of these properties options for improving their properties without utilizing the variance process; however, it may be of limited use to homes on lots that do not meet current minimum lot area standards. Any parcel that already exceeded its lot coverage by more than five percent would not be able to take advantage of this provision to make additional improvements, and smaller parcels would be entitled to proportionally smaller amounts of increased lot coverage. In both of these situations the property owner would still likely require a variance. It is also important to note that allowing additional lot coverage is unlikely to represent a lasting solution to the issue of constrained lots. The cost of land is very high and builders tend to build the largest house possible on any given piece of property in order to increase the return on their investment. It is not uncommon for as built surveys for new houses to show lot coverage totals within a few tenths of a percentage point of the property’s maximum limit. Staff believes that it is likely that builders will utilize an increased lot coverage allotment to construct larger houses with pervious paver driveways, and that new homeowners will still find themselves in a position of having a limited ability to add patios, screen porches, and sheds due the house having been built up to the property’s lot coverage limit. Similarly, homeowners who are at the current lot coverage limit may take advantage of the increased lot coverage limit to make improvements until they reach the new lot coverage limit. Once they have sold their homes, subsequent homeowners will be unable to improve their property due to the fact that previous homeowner utilized the property’s allowed lot coverage. This will result in the next generation of homeowners facing the same issues with lot constraints as the current generation, albeit with a higher lot coverage limit. Staff believes the issue of constrained lots should be approached through the lens of what limits are reasonable and justifiable. The current housing market may make a higher lot coverage percentage desirable and changes in stormwater management practices and technologies may allow the city to justify increasing its permitted lot coverage; however, increasing lot coverage limits should not be expected to resolve the issue of constrained lots. Issue 2: Where to allow The city has several zoning districts which allow for detached single-family dwelling units and each district has different minimum lot sizes and maximum lot coverage limits. Staff has created a table of these districts and has listed their current standards as well as the amount of additional lot coverage they would be entitled to if they were permitted an additional five percent lot coverage in the form of pervious pavement. Districts in green are those that staff believe would be good candidates for an initial increase in permitted lot coverage, districts in yellow are those where it may be appropriate to allow expanded lot coverage at a later date, and districts in red are those where increasing lot coverage is not recommended. Permitted Lot Coverage by Zoning District Min lot area (sq. ft.) A-2 RR RSF PUDR* R-4** RLM** 108,900 108,900 15,000 11,000 15,000 9,000 Max lot coverage % 20% 20% 25% 30% 30% 35% Min lot coverage (sq. ft.) 21,780 21,780 3,750 3,300 4,500 3,150 5% additional lot coverage (sq. ft.) 5,445 5,445 750 550 750 450 Total with +5% lot coverage 27,225 27,225 4,500 3,850 5,250 3,600 *Minimum lot size is for single-family detached PUDRs, single-family attached/cluster home PUDRs have no minimum lot size. **Minimum lot size is for single-family units, twin and attached homes have different minimum lot sizes. A district by district discussion is present below, but staff is recommending that if this proposal is adopted only properties zoned residential single-family (RSF) and located outside of the shoreland management district be granted the additional five percent lot coverage. The map below shows which properties would benefit from this amendment. Agricultural Estate (A-2) and Rural Residential (RR) Districts: Approximately one-third of the city’s acreage is located in these districts, though many properties zoned A-2 and RR are either permanent park and open space or guided for future development and rezoning. These districts are intended to be rural/agrarian in character with large amounts of green space and are limited to 20 percent lot coverage. Allowing a higher percentage of lot cover would not be in line with the districts’ intent and character. The A-2 and RR parcels used for residential purposes have a minimum 2.5-acre lot size, which means that parcels meeting their district’s minimum standards are entitled to 21,780 square feet of lot cover. It is unlikely that many property owners are unable to make reasonable improvements to their property within that limit. In the event that a property has extenuating circumstances requiring additional lot coverage, the variance process seems better suited to addressing that need than a blanket five percent increase in permitted lot coverage. Residential Single Family (RSF) Districts: About sixteen percent of the city is zoned RSF and the district has a minimum lot size of 15,000 square feet. Prior to 1986 it was possible to create lots zoned R-1, reclassified as RSF in 1986, that were as small as 11,700 square feet and before 1967 the city did not have a zoning or subdivision ordinance with which to establish a minimum lot size. This means that some of the most severely constrained parcels in the city are zoned RSF. RSF parcels are also limited to a maximum lot coverage of twenty-five percent, five percent less than can be allowed in PUDR and ten percent less than is permitted within RLM. The lot coverage constraints faced by RSF properties can be exacerbated by the fact that up until 2007 the city did not require zoning permits for patios or driveway expansions. This means that many properties ended up unknowingly exceeding their lot coverage limits when they added a patio or expanded their driveway. In some cases, this is beneficial to property owners as the city treats this additional lot coverage as a non-conforming use; however, it does prevent the owner from further improving their property unless they remove at least some of the excess lot coverage. RSF lots meeting their district’s minimum lot standards are restricted to 3,750 square feet of lot cover, and with the modern trend towards large houses and three car garages this does not always allow for large patios, screened porches, sheds, sport courts, swimming pools, and other accessory uses. Allowing an extra five percent lot coverage would allow current homeowners a significant amount of additional flexibility. It could also improve the situation for substandard lots which are currently between twenty-five and thirty percent lot coverage, though many severely constrained lots will likely still need to go through the variance process. Planned Unit Development Residential (PUDR) Around twelve percent of the city is zoned PUDR and PUDRs can have wildly different minimum lot areas and permitted lot coverage depending on their individual planned unit development ordinance. Current standards for detached single-family PUDRs establish 11,000 square feet as the minimum lot area and allow up to thirty percent lot coverage; however, there are numerous historic PUDRs that with smaller lot sizes or which limit properties to twenty-five percent lot coverage. The table below provides a breakdown of the city’s detached single-family PUDRs’ minimum lot sizes and permitted lot coverage. PUD Name Referenced zoning Min Lot Size (sq. ft.) Lot Coverage* # Units Arbor Glen (15-16) RLM 5,000 25% (total site) 18 Camden Ridge (13-13) RLM 9,000 35% (total site)/25% (shore) 58 Chanhassen Hills (85-6) RSF 11,200 25% 172 Chanhassen Vista (86-1) RSF 11,000 30% 123 Chaparral (78-1) R-4 10,000/4,300 30% (total site) 172 Ches Mar (84-2) A-2 2.5 acres 20% (as amended) 4-5 Chesnutt Ridge (79-2) RSF 7,400 to 20,000 (by sub) 25-35% (by sub) 236 Fox Hollow (84-1) RSF 7,400 25% (total site) 95 Hidden Valley (85-1) RSF 7,500 30%/25% (shore) 110 Lake Susan Hills (87-3) RSF 15,000 25% (as amended) 411 Laredo Lane (75-05) RSF 6,000 30% 21 Lynmore Addition (98-1) RSF 12,854 30% 8 Meadows at Long Acres (92-4) RSF 10,000 25% 112 Minnewashta Creek (78-3) RSF/RLM 8,266 to 20,000 (by sub) 25-30% (by sub) 44 Near Mountain (79-2) RSF 7,400 to 20,000 (by sub) 25-35% (by sub) 236 Pheasant Hills (83-1) RSF 10,000 30% 84 Preserve at Bluff Creek (06-14) RLM 8,000 30% (total site) 155 Preserve at Rice Lake (13-12) RLM 10,000 30% (total site) 16 Saratoga (77-1) R-4 10,000/6,000 30% (total site) 35 South Lotus Lake (85-4) RSF 11,700 30%/25% (shore) 40 Springfield/Summerfield (00-3) RSF 11,000 30%/25% (shore) 122 Sunny Slope (?) RSF 11,300 25% (total site) 12 Triple Crown Estate (85-2) RSF 11,300 30% (total site) 55 Trotters Ridge (93-2) RSF 11,000 30% 49 Walnut Grove (96-4) RSF/R-4 10,400/3,400 30% (total site) 79 Western Hills (69-2) RSF 10,400 30% 102 Willowridge (91-3) RSF 14,000 30%/25% (shore) 38 Woods at Longacres (93-50) RSF 11,000 25% 115 Total 2,722 *The phrase “total site” means that development as a whole was limited to that percent lot coverage and in most cases unused lot coverage generated by open spaces was credited to the individual parcels; the phrase “shore” refers to a different limit within the shoreland management district; and, the phrase “as amended” means that the standard will change if the referenced zoning district’s standard is altered. As the table above shows most PUDRs either already have a five percent increase in lot coverage over their RSF counterparts or utilize “total site” provisions to allow individual lots to exceed the twenty-five percent lot coverage. Those that are limited to a flat twenty-five percent lot coverage are older subdivisions where many of the constrained lots can be expected to be non-conforming due to the installation of patios and other impervious surface before the 2007 zoning permit requirement, and this means that a five percent increase in lot coverage is unlikely to provide significant relief. Additionally, many PUDRs’ zoning ordinances specify smaller setbacks, provide for HOA owned lots with public amenities, or otherwise attempt to balance the smaller lot sizes. These factors combined with the fact that individuals living in these neighborhoods have self-selected a community designed around smaller lot sizes means that it is appropriate to limit PUDRs to their existing standards. In cases where extenuating circumstances necessitate increased lot coverage, the variance process can be utilized to grant relief. Mixed Low Density Residential District (R-4) Less than half of a percent of the city falls within this zoning district which allows for both detached single-family and two-family dwellings. Single-family homes within these districts have a minimum lot size of 15,000 square feet and are allowed up to thirty percent lot coverage. Since the lot size is the same as the RSF districts and the permitted lot coverage is already five percent higher than the RSF districts, it is unlikely that there are many constrained lots within this zoning category. In cases where extenuating circumstances necessitate increased lot coverage, the variance process can be utilized to grant relief. Residential Low and Medium Density Residential Districts (RLM) Just over seven-tenths of a percent of the city is zoned RLM. The RLM district was created in 2006 to allow for smaller lot subdivisions with a higher ratio of lot coverage in exchange for developers dedicating permanent open space to the city. Single-family dwellings within this district have a minimum lot size of 9,000 square feet and are allowed up to thirty-five percent lot coverage. Residents choose to buy houses in this district because they are interested in smaller lots and denser neighborhoods; however, even with the increased lot coverage percentage there is less space for accessory structures. Since these are all newer subdivisions and very few homes were built before the existing zoning permit requirements were enacted, these districts should not have constrained or non-conforming lots. In cases where extenuating circumstances necessitate increased lot coverage, the variance process can be utilized to grant relief rather than allowing all of these properties forty percent lot coverage. Shoreland Management Districts All areas within 1,000 feet of the ordinary high water level of a lake or within 300 feet of a river or stream are regulated by the city’s Shoreland Management District ordinance. The city administers the Shoreland Management District on behalf of the Department of Natural Resources (DNR), and the DNR’s policies limit the city’s ability to modify its Shoreland Management District Ordinance. The DNR considers pervious pavers and similar technologies to constitute impervious surface/lot cover, and the city cannot increase the Shoreland Management District’s residential lot coverage allowance beyond twenty-five percent. This means that all detached single-family properties within the Shoreland Management District will continue to be limited to twenty-five percent lot coverage even if their underlying zoning district’s lot coverage limit is increased. Bluff Creek Overlay District (BCOD): Due to the importance and ecological sensitivity of the Bluff Creek Corridor, the existing provisions limiting lot coverage to twenty-five percent on slopes with a grade between twenty- five and ten percent should be left intact. Since development within the primary and secondary zone is very heavily restricted there are only a few detached single-family properties that could potentially be constrained by these provisions. The unique and non-conforming nature of all these properties means that the variance process is the best way to address any potential lot coverage increases within this area. Issue 3: Cumulative Impact Changing the city’s policy regarding pervious pavements has the potential to significantly impact the city, especially if these systems encounter issues and do not work as intended. To provide context for a discussion on the potential cumulative impact of these systems staff has created the following table. Districts in green are those that staff believe would be good candidates for an initial increase in permitted lot coverage, districts in yellow are those where it may be appropriate to allow expanded lot coverage at a later date, and districts in red are those where increasing lot coverage is not recommended. It should be noted that due to the restriction within the Shoreland Management District over 40 percent of the city’s residential properties would not be able to take advantage of the proposed pervious pavement amendment. If the city allows RSF properties outside of the Shoreland Management District to add five percent lot coverage in the form of pervious pavement it would allow up to 2.3 million square feet of new lot coverage. This is roughly equivalent to 600 new houses with 3,750 square feet of lot cover or a 180-acre subdivision with thirty percent development wide lot coverage. Of course, not every property will take advantage of the proposed ordinance and homeowners that do add pervious pavers will not all reach their lot coverage limit; however, the proposed amendment could lead to a very significant amount of green space being converted into lot coverage. That additional lot coverage, even if it is in the form of pervious pavements, has the potential to impact stormwater management on a citywide scale. Issue 4: Stormwater Implications Permeable Interlocking Concrete Pavers (PICP) are typically used in areas with light traffic at commercial and residential sites such as low-speed roads, parking lots, driveways, sidewalks, plazas, and patios Total In Shoreland Out of Shoreland Zoning square feet Acreage % of City Square feet Acreage % in shore Square Feet Acreage % out shore 5% of area A2 134,906,824 3,097 20.98% 49,572,494 1,138 36.75% 85,334,330 1,959 63.25% 4,266,716 RR 81,381,968 1,868 12.66% 32,758,696 752 40.25% 48,623,272 1,116 59.75% 2,431,164 R4 3,069,679 70 0.48% 363,629 8 11.78% 2,706,050 62 88.22% 135,302 R8 519,356 12 0.08% 379,366 9 73.11% 139,990 3 26.89% 6,999 R12 1,591,510 37 0.25% 1,144,989 26 72.05% 446,521 10 27.95% 22,326 RLM 4,570,594 105 0.71% 1,513,578 35 33.08% 3,057,016 70 66.92% 152,851 RSF 103,668,358 2,380 16.12% 56,686,256 1,301 54.67% 46,982,102 1,079 45.33% 2,349,105 PUDR 75,189,414 1,726 11.69% 28,933,318 664 38.48% 46,256,096 1,062 61.52% 2,312,805 Total 404,897,702 9,295 62.97% 171,352,326 3,933 42.32% 233,545,376 5,362 57.68% 11,677,269 PICP has become the preferred permeable pavement option over pervious concrete and asphalt applications in recent years due in part to the use in smaller residential or retrofit applications, and lower material and installation costs and maintenance. Research has demonstrated that PICP is an effective method for reducing stormwater runoff and pollutants from urbanized areas. Properly designed, installed, and maintained PICP can have design life surface infiltration rates exceeding 100 in./hour in type A soils according to industry literature. Stringent design, installation and maintenance is imperative to ensure proper performance. Staff must ensure that in residential areas, the systems be designed and installed properly, and be maintained as needed to prevent creating additional stormwater issues in existing neighborhoods with insufficient stormwater treatment capacity. It is essential that these systems are designed in line with industry-accepted guidelines, installed by certified installers, and a maintenance agreement be recorded against the property. The stormwater utility fee, which is based upon lot coverage, will be updated in 2019 to adjust for the increase in lot coverage. Issue 5: Implementation Design, installation, and maintenance standards would be at the discretion of appropriate city staff. The MPCA Stormwater Manual suggests using the design, installation, and maintenance guidance for PICP as referenced by the Interlocking Concrete Pavement Institute (ICPI). The ICPI’s website is www.icpi.org. It includes information for design professionals and installers regarding industry standards and specifications, installation guidelines and maintenance. Many certified installers are available in the metro area. Staff will reference ICPI for design, installation, and maintenance guidance. Pervious pavers are not effective at infiltration in C and D soils. These soils are common in the city. To achieve the long-term effectiveness of these systems and significantly reduce the chance of erosion issues being generated by PICP the city will require that systems provide for rate and volume control for the first 0.5” of treatment area and follow the current version of The City of Chanhassen Standard Specification and Detail Plates. Treatment area includes the total square feet of pervious pavement system plus the total square feet of impervious surface draining directly to the pervious pavement system. Staff is proposing requiring a building permit to evaluate and approve proposed designs. Maintenance agreements: Staff recommends that applicants receiving a permit to use PICP be required to execute a recordable Maintenance Agreement setting forth maintenance requirements consistent with the ICPI recommendations. The maintenance agreement will also include enforcement procedures. It is not cost effective, nor does the city have sufficient staffing to annually inspect or track maintenance of small Best Management Practices. Proper design, installation, and review is the best method available to ensure long-term effectiveness. ALTERNATIVES 1) Do nothing. Maintain current policy and continue to treat pervious pavements as impervious surface. Use variance process to grant relief as appropriate. 2) Amend Chapters 7, and 20 to allow five percent additional lot coverage in the form of pervious pavements within the Single Family Residential District (RSF) outside of the Shoreland Management District. 3) Amend Chapters 7, and 20 to allow five percent additional lot coverage in the form of pervious pavements outside of the Shoreland Management District. RECOMMENDATION Staff believes that alternative two will provide relief to some of the most constrained properties in the city while minimizing the potential for negative impacts. The city can expand the use of pervious pavements as appropriate once it has had a chance to evaluate the impact of this policy change on a smaller section of the city. Staff proposes the following changes be made to the City Code: Sec. 7-19. - Plans and specifications. The building official may require that plans and specifications, required by the Minnesota State Building Code, include a survey of the lot upon which the proposed building or construction is to be done, prepared and attested by a registered surveyor. An original signature is required on the certificate of survey. The survey shall provide the following information unless otherwise approved by the administrative authority: (1) Scale of drawing and north arrow; (2) Legal description of property; (3) Dimensions and bearing of front, rear and side property lines; (4) Front, rear and side yard setback dimensions of all proposed structures; (5) Location of all existing structures on the property, boulevards, streets and right-of- way, including but not limited to, sanitary and storm manholes, hydrants, catch basins, power poles, phone boxes, fences and any encroachments; (6) Outside dimensions of proposed structure(s) including decks, porches, retaining walls (include elevations at bottom of footing and top of wall), stoops, stairs, cantilevers, fireplaces, bay and bow windows, egress window wells; (7) Location of a benchmark stake established by the surveyor at the front setback line within 20 feet of the proposed structure. Maintenance of the benchmark stake once established by the surveyor shall be the responsibility of the permit applicant; (8) Location of stakes established by the surveyor on side property lines at: a. Front setback line. b. Front building line. c. Rear building line. The maintenance of these stakes once established by the surveyor shall be the responsibility of the permit applicant. (9) Location of first floor elevation of buildings on adjacent lots. Vacant adjacent lots shall be labeled as such; (10) Location of all easements of record, including but not limited to, tree preservation, wetland conservation, cross-access, etc.; (11) Existing and proposed elevations at the following locations: a. Each lot corner. b. Top of curb or centerline of roadway at each lot line extension. c. Center of proposed driveway at curb. d. Grade at corners of proposed structure. e. Lowest floor level, top of block, garage slab. (12) Indication of direction of surface water drainage by arrows. (13) Tree removal, tree preservation and grading plan if required by the development contract; (14) Wetland boundaries with ordinary high water level and 100-year flood elevation if applicable; (15) Driveway grade (minimum—0.50 percent, maximum—ten percent); (16) All trees in excess of six inches in diameter (diameter measured at four feet above grade); (17) All custom-graded lots and lots deviating from the approved grading plan shall require an as-built survey submitted to the city prior to issuing a certificate of occupancy; (18) Wetland buffer areas and wetland or lake setback dimensions; (19) Other information as required by the city; (20) Location and type of erosion and sediment control measures to be installed by permit holder. (21) Calculation of the amount and percentage of the lot coverage for the lot or parcel broken out by impervious surfaces and pervious pavement, if present. Sec. 20-109. - Applications. Application for a site plan review shall be made to the city planner on forms provided by the city and shall be filed 30 days in advance of the planning commission meeting, at which it is to be considered. Prior to filing an application for site plan review, the applicant shall attend a conference with city staff. The primary purpose of the conference shall be to provide the applicant with an opportunity to gather information and obtain guidance on the general merits of the proposal and its conformity to the provisions of the comprehensive plan and the City Code before incurring substantial expense. Incomplete or deficient applications shall not be scheduled for a meeting unless the community development director has determined that official action is warranted. The application shall also include: (1) Evidence of ownership or an interest in the property; (2) The application fee; (3) Complete site plans, signed by a registered architect, civil engineer, landscape architect or other design professional, to include the following. (4) General: a. Name of project. b. Name, address and telephone number of applicant, engineer, and owner of record. c. Legal description (certificate of survey will be required). d. Date proposed, north arrow, engineering scale, number of sheets, name of drawer. e. Vicinity map showing relationship of the proposed development to surrounding streets, rights-of-way, easements and natural features. f. Description of intended use of the site, buildings and structures, including type of occupancy and estimated occupancy load. g. Existing zoning and land use. h. Tabulation box indicating: 1. Size of parcel in acres and square feet. 2. Gross floor area of each building. 3. Percent of site covered by building. 4. Percent of lot coverage on site broken out by impervious surface and pervious pavement. 5. Percent of site covered by parking area. 6. Projected number of employees. 7. Number of seats if intended use is a restaurant or place of assembly. 8. Number of parking spaces required. 9. Number of parking spaces provided including handicapped. 10. Height of all buildings and structures and number of stories. 11. Breakdown of the building area allocated for specific uses, e.g., manufacturing, office, retail, showroom, warehouse, etc. 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 and chapter 18: (1) The minimum lot area is 15,000 square feet. For neck or flag lots, the lot area requirements shall be met after the area contained within the "neck" has been excluded from consideration. (2) The minimum lot frontage is 90 feet, except that lots fronting on a cul-de-sac "bubble" shall be 90 feet in width at the building setback line. The location of this lot is conceptually illustrated below. Frontage Measured at Setback Line (3) The minimum lot depth is 125 feet. (4) Lot width on neck or flag lots and lots accessed by private streets shall be 100 feet as measured at the front building setback line. The location of these lots is conceptually illustrated below. Neck/Flag Lots (5) The maximum lot coverage for all structures and paved surfaces is 25 30 percent, of which no more than 25 percent can be impervious surfaces. For flag/neck lots neither the area within the neck, nor the impervious surface lot coverage of the driveway within the neck shall be included within the calculation of the lot area or lot coverage of the lot. (6) The setbacks are as follows: a. For front yards, 30 feet. b. For rear yards, 30 feet. c. For side yards, ten feet. (7) The setbacks for lots served by private streets and/or neck lots are as follows: a. For front yard, 30 feet. The front yard shall be the lot line nearest the public right- of-way that provides access to the parcel. The rear yard lot line is to be located opposite from the front lot line with the remaining exposures treated as side lot lines. On neck lots the front yard setback shall be measured at the point nearest the front lot line where the lot achieves a 100-foot minimum width. b. For rear yards, 30 feet. c. For side yards, ten feet. (8) The maximum height is as follows: a. For the principal structure, three stories/35 feet. b. For accessory structures, 20 feet. (Ord. No. 80, Art. V, § 5(5-5-5), 12-15-86; Ord. No. 90, § 1, 3-14-88; Ord. No. 127, § 3, 3-26- 90; Ord. No. 145, § 2, 4-8-91; Ord. No. 240, § 18, 7-24-95; Ord. No. 324, § 23, 7-9-01; Ord. No. 377, § 81, 5-24-04; Ord. No. 409, § 4, 1-9-06; Ord. No. 619, § 7, 2-27-17) Editor's note— Section 2 of Ord. No. 145 purported to amend § 20-615(6)b. pertaining to accessory structures; such provision were contained in § 20-615(7)b., subsequent to amendment of the section by Ord. No. 127. Hence, the provisions of Ord. No. 145, § 2, were included as amending § 20-615(7)b. Sec. 20-921 –Pervious Pavement Properly designed, installed, and maintained pervious pavements have the capacity to allow for stormwater detention and/or infiltration. When not properly designed, installed, and maintained pervious pavements fail to facilitate the detention and/or infiltration of stormwater. Additionally, pervious pavements contribute to the creation of heat islands and do not provide the same surface water management benefits as native vegetative cover. For these reasons, it is necessary to regulate the lot coverage, design, installation, and maintenance of these systems. 1) Lot Coverage: Pervious pavements are considered to constitute lot coverage; however, when built to the standards espoused in this section they do not constitute impervious surfaces. Systems not built to the standards espoused in this section are considered to constitute impervious surfaces. 2) Location Restrictions: a. Pervious pavements may not be installed in areas where trash or garbage receptacles will be stored. 3) Design and Installation: a. A building permit is required for the instillation of pervious pavement systems. b. Pervious pavement systems must be designed to provide for rate and volume control for the first half inch (0.5”) of treatment area and follow the current version of The City of Chanhassen Standard Specification and Detail Plates. Treatment area includes the total square footage of the pervious pavement system plus the total square footage of impervious surface draining directly to the pervious pavement system. c. To meet the city’s definition of pervious pavement the system must: 1) be designed in compliance with standards established by the Interlocking Concrete Pavement Institute (ICPI); 2) be installed by an ICPI certified installer; and, 3) be designed to meet or exceed the standards listed in paragraph (b). d. The City Engineer may permit pervious pavement technologies other than permeable interlocking concrete pavers, so long as the City Engineer determines: 1) they are functionally equivalent or better; 2) the system is designed in compliance with accepted guidelines and is installed by an appropriately certified installer; and, 3) the system will meet or exceed the standards listed in paragraph (b). 4) Maintenance: a. The owner of a pervious paver system must enter into a maintenance agreement with the city to ensure the system performs as designed in perpetuity. This agreement must conform to the manufactures guidelines, and stipulate the frequency and type of maintenance to be performed. 5) District restrictions: a. Planned Unit Developments Residential Districts (PUDR) are limited to the lot coverage specified by their ordinance and/or compliance table. For PUDRs created before June 11, 2018 the terms hardcover, hard surface, impervious surface, and similar phrases shall be understood to mean lot cover inclusive of both pervious pavements and impervious surfaces, and in no circumstance shall the failure of the ordinance or compliance table to mention pervious pavements be understood to mean that pervious pavers are not subject to the lot cover, hardcover, hardscape, or similarly identified limits that govern the PUDR. b. Shoreland Management District restricts properties zoned Single Family Residential District (RSF) to 25 percent lot coverage. ATTACHMENTS 1) Pervious Pavement Ordinance 2) Sample Maintenance Agreement G:\PLAN\City Code\2018\CC Meeting 6-11-18\Pervious Pavers\Permeable Pavers_Round2_CC.doc 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 633 AN ORDINANCE AMENDING CHAPTER 7, BUILDING AND BUILDING REGULATIONS AND CHAPTER 20, ZONING OF THE CHANHASSEN CITY CODE THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1. Section 7-19(21) of the Chanhassen City Code is amended to read as follows: (21) Calculation of the amount and percentage of the lot coverage for the lot or parcel broken out by impervious surfaces and pervious pavement, if present. Section 2. Section 20-109(4)(h)(4) of the Chanhassen City Code is amended to read as follows: 4. Percent of lot coverage on site broken out by impervious surface and pervious pavement. Section 3. Section 20-615(5) of the Chanhassen City Code is amended to read as follows: (5) The maximum lot coverage for all structures and paved surfaces is 30 percent, of which no more than 25 percent can be impervious surfaces. For flag/neck lots neither the area within the neck, nor the lot coverage of the driveway within the neck shall be included within the calculation of the lot area or lot coverage of the lot. Section 4. The Chanhassen City Code is amended by adding Section 20-921 to read as follows: Sec. 20-921 –Pervious Pavement Properly designed, installed, and maintained pervious pavements have the capacity to allow for stormwater detention and/or infiltration. When not properly designed, installed, and maintained pervious pavements fail to facilitate the detention and/or infiltration of stormwater. Additionally, pervious pavements contribute to the creation of heat islands and do not provide the same surface water management benefits as native vegetative cover. For these reasons, it is necessary to regulate the lot coverage, design, installation, and maintenance of these systems. 1) Lot Coverage: Pervious pavements are considered to constitute lot coverage; however, when built to the standards espoused in this section they do not constitute impervious surfaces. Systems not built to the standards espoused in this section are considered to constitute impervious surfaces. 2) Location Restrictions: 2 a. Pervious pavements may not be installed in areas where trash or garbage receptacles will be stored. 3) Design and Installation: a. A building permit is required for the instillation of pervious pavement systems. b. Pervious pavement systems must be designed to provide for rate and volume control for the first half inch (0.5”) of treatment area and follow the current version of The City of Chanhassen Standard Specification and Detail Plates. Treatment area includes the total square footage of the pervious pavement system plus the total square footage of impervious surface draining directly to the pervious pavement system. c. To meet the city’s definition of pervious pavement the system must: 1) be designed in compliance with standards established by the Interlocking Concrete Pavement Institute (ICPI); 2) be installed by an ICPI certified installer; and, 3) be designed to meet or exceed the standards listed in paragraph (b). d. The City Engineer may permit pervious pavement technologies other than permeable interlocking concrete pavers, so long as the City Engineer determines: 1) they are functionally equivalent or better; 2) the system is designed in compliance with accepted guidelines and is installed by an appropriately certified installer; and, 3) the system will meet or exceed the standards listed in paragraph (b). 4) Maintenance: a. The owner of a pervious paver system must enter into a maintenance agreement with the city to ensure the system performs as designed in perpetuity. This agreement must conform to the manufactures guidelines, and stipulate the frequency and type of maintenance to be performed. 5) District restrictions: a. Planned Unit Developments Residential Districts (PUDR) are limited to the lot coverage specified by their ordinance and/or compliance table. For PUDRs created before June 11, 2018 the terms hardcover, hard surface, impervious surface, and similar phrases shall be understood to mean lot cover inclusive of both pervious pavements and impervious surfaces, and in no circumstance shall the failure of the ordinance or compliance table to mention pervious pavements be understood to mean that pervious pavements are not subject to the lot cover, hardcover, hardscape, or similarly identified limits that govern the PUDR. b. Shoreland Management District restricts properties zoned Single Family Residential District (RSF) to 25 percent lot coverage. Section 5. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this [xx] day of [Month], 2018 by the City Council of the City of Chanhassen, Minnesota Todd Gerhardt, City Manager Denny Laufenburger, Mayor 3 (Published in the Chanhassen Villager on [insert date]) CITY COUNCIL STAFF REPORT Monday, June 11, 2018 Subject Discuss Galpin Property Development Section 5:30 P.M. ­ WORK SESSION Item No: A.3. Prepared By Kate Aanenson, Community Development Director, AICP File No:  BACKGROUND Attached are potential home designs for the Galpin property development. ATTACHMENTS: Lennar presentation Lennar’s automated homes are built according to the Wi-Fi Alliance’s program guidelines for Wi-Fi Certified Home Designs. See the Wi-Fi Alliance’s website at www.wi-fi.org for additional information regarding the Wi-Fi Certified Home Design program. The Wi-Fi Alliance also certifies home designs after review of a home floor plan which may occur after your closing. Wireless performance in homes will vary due to design changes, construction changes, placement of furnishings and appliances, usage, and local conditions. Network performance will be affected by network configuration, the number of users and the type of use. Homeowners are responsible for providing their own Internet connection and determining their own bandwidth needs, which may vary. Lennar does not guarantee that networks, equipment or services will meet all homeowner needs. Homeowners are also responsible for configuring all security features. Lennar does not warrant or represent that any network or network device is secure or can prevent all privacy intrusions, malware, or cyber-attacks, even when correctly configured. Certain products and services are provided by third parties, and not Lennar. Lennar does not guarantee any equipment or services provided by third parties. Additional disclosures and disclaimers relating to The Connected Home program will apply. See your purchase agreement and related disclosures for details. Please see your New Home Consultant and home purchase agreement for actual features designated as an Everything’s Included feature, additional information, disclosures, and disclaimers relating to your home and its features. All maps are not to scale, and are for relative location purposes only. Price subject to change without notice. Visit Lennar.com or see a Lennar New Home Consultant for further details and important legal disclaimers. This is not an offer in states where prior registration is required. Void where prohibited by law. †Source - BATC, 2017 Top 25 Builders List. The WiFi Certified logo is a registered trademark of the Wi-Fi Alliance®. Copyright © 2018 Lennar Corporation. All rights reserved. Lennar, the Lennar logo, Next Gen - The Home Within A Home, the Next Gen logo, Everything’s Included and the Everything’s Included logo are U.S. registered service marks or service marks of Lennar Corporation and/or its subsidiaries. U.S. Home Corporation d/b/a Lennar – Lennar Sales Corp. – Broker License #40021200MN Bldr. 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Elk River, MN 55330 • 763-316-3030Floor plan showcased: Bristol RAMSEY 5The Woodlands A Single family homes from the high $200’s 7566 159th Ave. NW Ramsey, MN 55303 • 763-220-2000Floor plan showcased: Hamilton NORTHEAST FOREST LAKE 6Chestnut Creek A Single family homes from the low $300s 7196 208th St. N Forest Lake, MN 55025 • 651-691-8088Floor plan showcased: Vanderbilt LINO LAKES 7Watermark Coming Soon! 651-212-4227 EAST COTTAGE GROVE 8Calarosa A One level homes from the low $300s 8216 63rd St. S Cottage Grove, MN 55016 • 651-212-4215Floor plan showcased: Buckingham 9Cayden Glen A Single family homes from the high $300s Landmark & Discovery Collections 6878 Jenson Ave. Cottage Grove, MN 55016 • 651-505-2550Floor plan showcased: Lewis x Providence Ponds Single family homes from the upper $300s 6705 133rd Street Savage, MN 55378 • 952-392-9138 ext 1Floor plan showcased: Linden & Cambridge SHAKOPEE c Ridge Creek A Single family homes from the upper $300s 7207 Oak Ridge Trail Shakopee, MN 55379 • 952-373-0478Floor plan showcased: Lewis SOUTHWEST CARVER v Oak Tree Coming Soon! CHASKA b Red Cedar Creek Single family homes from the upper $300s 921 Cascade Drive Chaska, MN 55318 • 952-392-8696Floor plan showcased: Kensington SHOREWOOD n Minnetonka Country Club Single family homes from the mid $800s 5745 Wooden Creek Drive Shorewood, MN 55331 • 952-444-9900 ext 1Floor plan showcased: Cypress Villa homes from the upper $500s 24585 Niblick Alcove Shorewood, MN 55331 • 952-444-9900 ext 2Floor plan showcased: Olympia VICTORIA m Ambergate Single family homes from the upper $400s Selling from Rhapsody 952-392-7884 , Chevalle Single family homes from the low $400s Selling from Rhapsody 952-777-4027 . Laketown A • Single family homes from the low $400s 8939 Lakeside Dr. Victoria, MN 55386 • 952-314-6340Floor plan showcased: Calloway / Rhapsody A • Single family homes from the upper $400s 8628 Ambergate Drive Victoria, MN 55386 • 952-373-0434Floor plan showcased: Blakely & Genesis WACONIA Q Crosswinds Single family homes from the low $300s Selling out of Stonegate Community 601 Stonegate Circle Waconia, MN 55387 • 952-444-9916 LAKE ELMO q Savona A Single family homes from the high $300s Classic & Landmark Collections Lake Elmo, MN 55042 • 651-691-8100 ext 1Floor plan showcased: Summit Townhomes from the mid $200s Colonial Manor & Patriot Collections 9947 5th St. Lake Elmo, MN 55042 • 651-691-8100 ext 2Floor plan showcased: Franklin STILLWATER w Rutherford Station Single family homes from the upper $300s 3605 Wright Street Stillwater, MN 55082 • 651-383-3997Floor plan showcased: Huntington WOODBURY e Bridlewood Farms Coming Soon! 651-760-5993 r Compass Pointe Twin Homes from the low $300s 5017 Sundial Lane Woodbury, MN 55129 • 651-447-5894Floor plan showcased: Auburn & Cascade t Fair Haven A Single family homes from the mid $300s 5675 Fairhaven Trail Woodbury, MN 55129 • 651-705-0595Floor plan showcased: Vanderbilt y Harvest Commons Townhomes from the upper $200s 4356 Corn Silk Lane Woodbury, MN 55129 • 651-314-9165Floor plan showcased: St. Croix & Richmond u Harvest View Single family homes from the upper $300s 4331 Schilling Way Woodbury, MN 55129 • 651-300-1842Floor plan showcased: Springfield SOUTHEAST INVER GROVE HEIGHTS i Blackstone Ponds Townhomes from the upper $200s 6990 Archer Trail Inver Grove Heights, MN 55077 • 651-460-9299Floor plan showcased: Richmond & St. Croix o Blackstone Vista Single family homes from the low $400s 7266 Archer Trail Inver Grove Heights, MN 55077 • 651-300-0799Floor plan showcased: Linden p Settler’s Ridge •A Single family homes from the mid $400s Classic & Landmark Collections 6896 Alverno Lane Inver Grove Heights, MN 55077 • 651-760-8820Floor plan showcased: Summit W Stonegate Single family homes from the upper $200s 601 Stonegate Circle Waconia, MN 55387 • 952-300-3116Floor plan showcased: Courtland WEST CORCORAN E Ravinia A • Single family homes from the mid $400s Classic, Landmark & Discovery Collections 6633 Bridle Path Corcoran, MN 55340 • 952-314-6415Floor plan showcased: Washburn DELANO R Highland Ridge A Single family homes from the low $300s 598 Franklin Ave Delano, MN 55328 • 763-220-2577Floor plan showcased: Brighton & Summit MEDINA T Enclave A Single-family homes from the mid $500s 3033 Basswood Dr. Medina, MN 55340 • 952-314-8587Floor plan showcased: Springdale MINNETRISTA Y Red Oak Single-family homes from the upper $300s 4813 Red Oak Lane Minnetrista, MN 55364 • 952-314-6295Floor plan showcased: Springfield NORTHWEST BROOKLYN PARK U Avebury Place Townhomes from the mid $200s 4956 93rd Avenue N Brooklyn Park, MN 55445 • 952-373-0401Floor plan showcased: Pinehurst & Fremont DAYTON I Sundance Woods A • Single family homes from the low $400s 11021 Cattail Path Dayton, MN 55327 • 763-392-6700Floor plan showcased: Sinclair O The Pines Single family homes from the upper $200s 12560 Pineridge Way N Dayton, MN 55327 • 763-260-4796Floor plan showcased: Donovan & Courtland MAPLE GROVE P Hamlets of Rush Creek Single family homes from the low $400s 18505 70th Avenue N Maple Grove, MN 55311 • 763-445-9927Floor plan showcased: Prescott & Cambridge A Rush Creek Commons Coming Soon! 763-260-4310 LAKEVILLE a Summerlyn •A Single family homes from the high $300s Classic & Landmark Collections 19384 Impala Ave. Lakeville, MN 55044 • 952-314-6369Floor plan showcased: Taylor s The Commons at Avonlea Townhomes Coming Soon! 952-392-0505 d The Grove at Avonlea Single family homes from the upper $200s 18146 Glenbridge Avenue Lakeville, MN 55044 • 952-392-0505 ext. 1Floor plan showcased: Clearwater & Donovan f The Landing at Avonlea Single family homes from the upper $300s 18079 Gleaming Path Lakeville, MN 55044 • 952-392-0505 ext. 2Floor plan showcased: Barclay & McKinley MENDOTA HEIGHTS h LeMay Shores Twin Homes starting from the low $400s 2409 LeMay Shores Drive Mendota Heights, MN 55120 • 651-796-3414Floor plan showcased: Balsam & Dunbar ROSEMOUNT j Bella Vista •A Single family homes from the mid $400s Classic & Landmark Collections 13085 Ayrfield Court Rosemount, MN 55068 • 651-300-6167Floor plan showcased: Blakely k Greystone Single family homes from the upper $200s 14086 Addison Avenue Rosemount, MN 55068 • 651-327-0906Floor plan showcased: Courtland l Meadow Ridge Coming Soon! 952-649-3382 SOUTH PRIOR LAKE ; Summit Preserve A Single family homes from the high $300s Landmark & Discovery Collections 5850 Pinnacle Circle NE Prior Lake, MN 55372 • 952-314-6379Floor plan showcased: Sinclair Townhomes from the mid $200s Colonial Patriot Collection 5876 Moonlight Way Prior Lake, MN 55372 • 952-314-6379Floor plan showcased: Jefferson & Madison SAVAGE z Providence Pointe Twin Homes from the low $300s 6627 133rd Street Savage, MN 55378 • 952-392-9138 ext 2Floor plan showcased: Ashburn & Cascade S Territorial Woods A Townhomes from the upper $200s Selling from Sundance Woods 763-392-5450 D Waters Edge at Central Park Townhomes from the low $300s 7000 Hemlock Lane North Maple Grove, MN 55369 • 763-445-9965Floor plan showcased: Fremont & Ontario OTSEGO F Boulder Creek Single-family homes from the low $300s 7669 Parell Avenue N.E. Otsego, MN 55330 • 763-260-4889Floor plan showcased: Barclay & Clearwater G Martin Farms A Single family homes from the low $300s 7014 Martin Farms Ave. Otsego, MN 55330 • 652-212-4226Floor plan showcased: Sinclair & Barcelona H The Meadows of River Pointe A Single family homes from the low $300s 17652 54th St NE Otsego, MN 55374 • 763-220-1030Floor plan showcased: Vanderbilt J The Highlands of River Pointe A • Single family homes from the mid $300s 17652 54th Street NE Otsego, MN 55374 • 763-260-4491 ext. 1Floor plan showcased: Summit Coming Soon! Villa homes from the low $300s 763-260-4491 ext. 2Floor plan showcased: Brighton ROGERS K Laurel Creek A Single-family homes from the high $300s 11444 Creekside Ct. Rogers, MN 55374 • 763-316-3000 ext. 1Floor plan showcased: Lewis Twin Homes from the low $300s 11125 Brockton Lane Rogers, MN 55374 • 763-316-3000 ext. 4Floor plan showcased: Sierra Coming Soon! Villa homes from the mid $300s 11511 Brookview Dr. Rogers, MN 55374 • 763-316-3000 ext. 2Floor plan showcased: Buckingham Townhomes from the mid $200s 11125 Brockton Lane Rogers, MN 55374 • 763-316-3000 ext. 3Floor plan showcased: Franklin Coming Soon! SAINT MICHAEL L Waters Edge A Single family homes from the mid $300s Landmark & Discovery Collections 3981 Melby Ave. NE Saint Michael, MN 55376 • 763-260-5755Floor plan showcased: Lewis •= Next Gen® c 1OFGALPIN BOULEVARD CHANHASSEN, MINNESOTA 1-5-18 JLT JLT Name Reg. No.Date Revisions Date Designed Drawn 2015 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS xx I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Landscape Architect under the laws of the State of Minnesota 44763 Jennifer L. Thompson 1CONCEPT PLAN 04 LENNAR 16305 36TH AVENUE NORTHPLYMOUTH, MINNESOTA 55446 YIELD PLAN c 1OFGALPIN BOULEVARD CHANHASSEN, MINNESOTA 6-1-18 JLT JLT Name Reg. No.Date Revisions Date Designed Drawn 2015 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS xx I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Landscape Architect under the laws of the State of Minnesota 44763 Jennifer L. Thompson 1CONCEPT PLAN 07 LENNAR 16305 36TH AVENUE NORTHPLYMOUTH, MINNESOTA 55446 55' LOTS 65' LOTS 90' LOTS Villa Homes Proposed for 55’ wide homesites These homes have been built in the following communities: Minnetonka Country Club – Shorewood Enclave - Medina LENNAR.COM LENNAR®The Madrid Lifestyle Collection 952-249-3000 A C B 1 Story | 1 Bedrooms | 2 Bathrooms | 2 Car Garage 1,962 Sq. Ft. LENNAR.COM LENNAR®The Madrid Lifestyle Collection Plans and elevations are artist’s renderings and may contain options which are not standard on all models. Lennar reserves the right to make changes to these floor plans, specifications, dimensions and elevations without prior notice. Stated dimensions and square footage are approximate and should not be used as representation of the home’s precise or actual size. Any statement, verbal or written, regarding “under air” or “finished area” or any other description or modifier of the square footage size of any home is a shorthand description of the manner in which the square footage was estimated and should not be construed to indicate certainty. Garage sizes may vary from home to home and may not accommodate all vehicles. U.S. Home Corporation d/b/a Lennar – License No. 20464871. Lennar Sales Corp. – Broker. MN Bldr. Lic # BC001413. Copyright © 2016 Lennar Corporation. All rights reserved. Lennar, the Lennar logo and the Everything’s Included logo are registered service marks or service marks of Lennar Corporation and/or its subsidiaries. (10205) 4/15/16 952-249-3000 16305 36th Ave. N. Suite 600, Plymouth, MN 55446 The Twin Cities #1 homebuilder for the last 10 years! MASTERBATH W.I.C. LAUNDRY PWDR 13' x 15' 19' x 17' 15' x 10' 12' x 15' 21' x 25'12' x 13' GREATROOM DININGROOM MASTERBEDROOM MUDROOMKITCHEN FOYER STUDY PORCH 2 CAR GARAGE FIREPLACE LINENNICHECOUNTERTOP OPT.W OPT.DDBL. OVENSPANTRY OPT.PORCH LOCATION DW REF. UP BENCHMain Level 1,962 Sq. Ft. • 1 Story • 1 Bedroom • 2 Bathrooms • 2 Car Garage LENNAR.COM LENNAR®The Monaco Lifestyle Collection 952-249-3000 A C B 1 Story | 1 Bedroom | 2 Bathrooms | 2 Car Garage 2,008 Sq. Ft. LENNAR.COM LENNAR®The Monaco Lifestyle Collection Plans and elevations are artist’s renderings and may contain options which are not standard on all models. Lennar reserves the right to make changes to these floor plans, specifications, dimensions and elevations without prior notice. Stated dimensions and square footage are approximate and should not be used as representation of the home’s precise or actual size. Any statement, verbal or written, regarding “under air” or “finished area” or any other description or modifier of the square footage size of any home is a shorthand description of the manner in which the square footage was estimated and should not be construed to indicate certainty. Garage sizes may vary from home to home and may not accommodate all vehicles. U.S. Home Corporation d/b/a Lennar – License No. 20464871. Lennar Sales Corp. – Broker. MN Bldr. Lic # BC001413. Copyright © 2016 Lennar Corporation. All rights reserved. Lennar, the Lennar logo and the Everything’s Included logo are registered service marks or service marks of Lennar Corporation and/or its subsidiaries. (10204) 4/15/16 952-249-3000 16305 36th Ave. N. Suite 600, Plymouth, MN 55446 The Twin Cities #1 homebuilder for the last 10 years!BENCHOPT.DOORMICROOVEN OPT.W OPT.D OPT. PORCH FIREPLACESEATLINENW.I.C.REF.PANTRY DW LINEN COATS UPNICHEMASTER BATH LAUNDRYMUDROOM 13' x 14'15' x 14' 12' x 8' 19' x 20' 12' x 12' 21' x 25' GREATROOM DININGROOM MASTERBEDROOM 2 CAR GARAGE PORCH STUDY FOYER PWDR KITCHEN Main Level 2,008 Sq. Ft. • 1 Story • 1 Bedroom • 2 Bathrooms • 2 Car Garage LENNAR®The Birkdale LENNAR.COM 952-373-0485 A C B 1 Story | 2 Bedrooms | 2 Bathrooms | 2 Car Garage 2,068 Sq. Ft. LENNAR®The Birkdale 16305 36th Ave. N. Suite 600, Plymouth, MN 55446 LENNAR.COM 952-373-0485 Elevations of a home may vary and we reserve the right to substitute and /or modify design and materials, in our sole opinion and without notice. Please see your New Home Consultant and home purchase agreement for actual features designated as an Everything’s Included feature, additional information, disclosures, and disclaimers relating to your home and its features. Plans are artist’s renderings and may contain options which are not standard on all models. Lennar reserves the right to make changes to plans and elevations without prior notice. Stated dimensions and square footage are approximate and should not be used as representation of the home’s precise or actual size. Any statement, verbal or written, regarding “under air” or “finished area” or any other description or modifier of the square footage size of any home is a shorthand description of the manner in which the square footage was estimated and should not be construed to indicate certainty. Garage sizes may vary from home to home and may not accommodate all vehicles. Visit Lennar.com or see a Lennar New Home Consultant for further details and important legal disclaimers. This is not an offer in states where prior registration is required. Void where prohibited by law. †Source - BATC, 2017 Top 25 Builders List. Copyright © 2018 Lennar Corporation. All rights reserved. Lennar, the Lennar logo, Everything’s Included and the Everything’s Included logo are U.S. registered service marks or service marks of Lennar Corporation and/or its subsidiaries. U.S. Home Corporation d/b/a Lennar – Lennar Sales Corp. – Broker License #40021205. MN Bldr. Lic # BC001413. CalAtlantic Group, Inc.; BC number is – BC736565. (25561) 05/17/18 MAIN LEVEL 2,068 Sq. Ft. • 1 Story • 2 Bedrooms • 2 Bathrooms • 2 Car Garage LENNAR®The Olympia LENNAR.COM 952-373-0485 A C B 1 Story | 2 Bedrooms | 3 Bathrooms | 2 Car Garage 2,187 Sq. Ft. LENNAR®The Olympia 16305 36th Ave. N. Suite 600, Plymouth, MN 55446 LENNAR.COM 952-373-0485 Elevations of a home may vary and we reserve the right to substitute and /or modify design and materials, in our sole opinion and without notice. Please see your New Home Consultant and home purchase agreement for actual features designated as an Everything’s Included feature, additional information, disclosures, and disclaimers relating to your home and its features. Plans are artist’s renderings and may contain options which are not standard on all models. Lennar reserves the right to make changes to plans and elevations without prior notice. Stated dimensions and square footage are approximate and should not be used as representation of the home’s precise or actual size. Any statement, verbal or written, regarding “under air” or “finished area” or any other description or modifier of the square footage size of any home is a shorthand description of the manner in which the square footage was estimated and should not be construed to indicate certainty. Garage sizes may vary from home to home and may not accommodate all vehicles. Visit Lennar.com or see a Lennar New Home Consultant for further details and important legal disclaimers. This is not an offer in states where prior registration is required. Void where prohibited by law. †Source - BATC, 2017 Top 25 Builders List. Copyright © 2018 Lennar Corporation. All rights reserved. Lennar, the Lennar logo, Everything’s Included and the Everything’s Included logo are U.S. registered service marks or service marks of Lennar Corporation and/or its subsidiaries. U.S. Home Corporation d/b/a Lennar – Lennar Sales Corp. – Broker License #40021205. MN Bldr. Lic # BC001413. CalAtlantic Group, Inc.; BC number is – BC736565. (25563) 05/17/18 MAIN LEVEL 2,187 Sq. Ft. • 1 Story • 2 Bedrooms • 3 Bathrooms • 2 Car Garage Landmark Homes Proposed for 65’ wide homesites These homes have been built in the following communities: Reflections at Lake Riley – Chanhassen Boulder Cove – Chanhassen Laketown - Victoria LENNAR.COM LENNAR®The Washburn Landmark Collection 952-249-3000 D BA C E 2 Stories | 4 Bedrooms | 4 Bathrooms | 3 Car Garage 3,328 Sq. Ft. LENNAR.COM LENNAR®The Washburn Landmark Collection 952-249-3000 16305 36th Ave. N. Suite 600, Plymouth, MN 55446 Elevations of a home may vary and we reserve the right to substitute and /or modify design and materials, in our sole opinion and without notice. Please see your New Home Consultant and home purchase agreement for actual features designated as an Everything’s Included feature, additional information, disclosures, and disclaimers relating to your home and its features. Plans are artist’s renderings and may contain options which are not standard on all models. Lennar reserves the right to make changes to plans and elevations without prior notice. Stated dimensions and square footage are approximate and should not be used as representation of the home’s precise or actual size. Any statement, verbal or written, regarding “under air” or “finished area” or any other description or modifier of the square footage size of any home is a shorthand description of the manner in which the square footage was estimated and should not be construed to indicate certainty. Garage sizes may vary from home to home and may not accommodate all vehicles. Visit Lennar.com or see a Lennar New Home Consultant for further details and important legal disclaimers. This is not an offer in states where prior registration is required. Void where prohibited by law. †Source - BATC, 2015 Top 25 Builders List. Copyright © 2017 Lennar Corporation. All rights reserved. Lennar, the Lennar logo, Everything’s Included and the Everything’s Included logo are U.S. registered service marks or service marks of Lennar Corporation and/or its subsidiaries. U.S. Home Corporation d/b/a Lennar – License No. 20464871. Lennar Sales Corp. – Broker. MN Bldr. Lic # BC001413.(10191) 7/12/17 3/4BATH SEAT OPT.W OPT.D OPT.CABS OPT.SINK DN LINEN OPENTOBELOW OPT. VAULT BOX J&J BATH LAUNDRY W.I.C. W.I.C. W.I.C. W.I.C. W.I.C. OWNER'S SUITE BEDROOM 2 LOFT BEDROOM 4 BEDROOM 3 17’ X 15’ 11’ X 13’ 11’ X 16’ 12’ X 14’ 13’ X 11’ OWNER'S BATH Main Level Upper Level 3,328 Sq. Ft. • 2 Stories • 4 Bedrooms • 4 Bathrooms • 3 Car Garage LENNAR.COM LENNAR®The Sinclair Landmark Collection 952-249-3000 A B D J H G K I 2 Stories | 4 Bedrooms | 3 Bathrooms | 3 Car Garage 2,468 Sq. Ft. LENNAR.COM LENNAR®The Sinclair Landmark Collection 952-249-3000 16305 36th Ave. N. Suite 600, Plymouth, MN 55446 Elevations of a home may vary and we reserve the right to substitute and /or modify design and materials, in our sole opinion and without notice. Please see your New Home Consultant and home purchase agreement for actual features designated as an Everything’s Included feature, additional information, disclosures, and disclaimers relating to your home and its features. Plans are artist’s renderings and may contain options which are not standard on all models. Lennar reserves the right to make changes to plans and elevations without prior notice. Stated dimensions and square footage are approximate and should not be used as representation of the home’s precise or actual size. Any statement, verbal or written, regarding “under air” or “finished area” or any other description or modifier of the square footage size of any home is a shorthand description of the manner in which the square footage was estimated and should not be construed to indicate certainty. Garage sizes may vary from home to home and may not accommodate all vehicles. Visit Lennar.com or see a Lennar New Home Consultant for further details and important legal disclaimers. This is not an offer in states where prior registration is required. Void where prohibited by law. †Source - BATC, 2015 Top 25 Builders List. Copyright © 2017 Lennar Corporation. All rights reserved. Lennar, the Lennar logo, Everything’s Included and the Everything’s Included logo are U.S. registered service marks or service marks of Lennar Corporation and/or its subsidiaries. U.S. Home Corporation d/b/a Lennar – License No. 20464871. Lennar Sales Corp. – Broker. MN Bldr. Lic # BC001413.(10186) 4/3/17 3 CAR GARAGE GREAT ROOM DININGROOM KITCHEN FOYER FLEX /STUDY PORCH PWDR MUDROOMW.I.C.PANTRY OPEN DW REF. DN COATS UP OPT. BENCHOPT. FIREPLACE17’ x 15’11’ x 15’ 11’ x 10’ 10’ x 15’ 31’ x 21’ BEDROOM 2 BEDROOM 4 BEDROOM 3 W.I.C.W.I.C. LAUNDRY W.I.C. BATH W.I.C. OPT. BOX VAULT LINEN DN OPT.D OPT.W 11’ x 11’ 12’ x 11’ 11’ x 12’ 15’ x 15’ OWNER'S SUITE OWNER'S BATH Main Level Upper Level 2,468 Sq. Ft. • 2 Stories • 4 Bedrooms • 3 Bathrooms • 3 Car Garage LENNAR.COM LENNAR®The Lindbergh Landmark Collection 952-249-3000 A D B C E F 1 Story | 2 Bedrooms | 2 Bathrooms | 3 Car Garage 1,902 Sq. Ft. LENNAR.COM LENNAR®The Lindbergh Landmark Collection 952-249-3000 16305 36th Ave. N. Suite 600, Plymouth, MN 55446 Elevations of a home may vary and we reserve the right to substitute and /or modify design and materials, in our sole opinion and without notice. Please see your New Home Consultant and home purchase agreement for actual features designated as an Everything’s Included feature, additional information, disclosures, and disclaimers relating to your home and its features. Plans are artist’s renderings and may contain options which are not standard on all models. Lennar reserves the right to make changes to plans and elevations without prior notice. Stated dimensions and square footage are approximate and should not be used as representation of the home’s precise or actual size. Any statement, verbal or written, regarding “under air” or “finished area” or any other description or modifier of the square footage size of any home is a shorthand description of the manner in which the square footage was estimated and should not be construed to indicate certainty. Garage sizes may vary from home to home and may not accommodate all vehicles. Visit Lennar.com or see a Lennar New Home Consultant for further details and important legal disclaimers. This is not an offer in states where prior registration is required. Void where prohibited by law. †Source - BATC, 2016 Top 25 Builders List. Copyright © 2018 Lennar Corporation. All rights reserved. Lennar, the Lennar logo, Everything’s Included and the Everything’s Included logo are U.S. registered service marks or service marks of Lennar Corporation and/or its subsidiaries. U.S. Home Corporation d/b/a Lennar – License No. 20464871. Lennar Sales Corp. – Broker. MN Bldr. Lic # BC001413. (10189) 04/27/18 FIREPLACE PANTRY DN DW REF.NICHEOPT.D OPT.SINK PORCH BEDROOM 2 FOYER 3 CAR GARAGE 3/4BATH GREAT ROOM DININGROOM MASTERBEDROOM MASTER BATH W.I.C. W.I.C. W.I.C.LAUNDRYMUDROOM KITCHEN OPT. BENCHOPT.W 18’ X 17’ 30’ X 21’ 17’ X 14’ 13’ X 15’ 11’ X 12’ 13’ X 14’ Main Level 1,902 Sq. Ft. • 1 Story • 2 Bedrooms • 2 Bathrooms • 3 Car Garage LENNAR.COM LENNAR®The Taylor Landmark Collection 952-249-3000 A F D H B G E 2 Stories | 4 Bedrooms | 3 Bathrooms | 3 Car Garage 2,680 Sq. Ft. LENNAR.COM LENNAR®The Taylor Landmark Collection 952-249-3000 16305 36th Ave. N. Suite 600, Plymouth, MN 55446 Elevations of a home may vary and we reserve the right to substitute and /or modify design and materials, in our sole opinion and without notice. Please see your New Home Consultant and home purchase agreement for actual features designated as an Everything’s Included feature, additional information, disclosures, and disclaimers relating to your home and its features. Plans are artist’s renderings and may contain options which are not standard on all models. Lennar reserves the right to make changes to plans and elevations without prior notice. Stated dimensions and square footage are approximate and should not be used as representation of the home’s precise or actual size. Any statement, verbal or written, regarding “under air” or “finished area” or any other description or modifier of the square footage size of any home is a shorthand description of the manner in which the square footage was estimated and should not be construed to indicate certainty. Garage sizes may vary from home to home and may not accommodate all vehicles. Visit Lennar.com or see a Lennar New Home Consultant for further details and important legal disclaimers. This is not an offer in states where prior registration is required. Void where prohibited by law. †Source - BATC, 2015 Top 25 Builders List. Copyright © 2017 Lennar Corporation. All rights reserved. Lennar, the Lennar logo, Everything’s Included and the Everything’s Included logo are U.S. registered service marks or service marks of Lennar Corporation and/or its subsidiaries. U.S. Home Corporation d/b/a Lennar – License No. 20464871. Lennar Sales Corp. – Broker. MN Bldr. Lic # BC001413.(10187) 4/3/17 DN OPT FIREPLACE GREAT ROOM W.I.C. MUDROOM W.I.C. DININGROOM KITCHEN 3 CAR GARAGE PORCH STUDY FOYER UP DW PANTRY REF. PWDR OPT BENCH 11'X17' 11'X15'17'X15' 11'X11' 11'X12' 30'X21' W.I.C. LAUNDRY W.I.C.W.I.C. BATH OWNER'S SUITE BEDROOM 3 LOFT BEDROOM 2 BEDROOM 4 OPT. BOX VAULT OPT.D OPT.W LINENDN 10’ X 13’ 12’ X 13’15’ X 11’ 11’ X 12’ 13’ X 15’ OWNER'S BATH Main Level Upper Level 2,680 Sq. Ft. • 2 Stories • 4 Bedrooms • 3 Bathrooms • 3 Car Garage LENNAR.COM LENNAR®The St. Croix II Landmark Collection 952-249-3000 A H F G I J 2 Stories | 4 Bedrooms | 3 Bathrooms | 3 Car Garage 2,806 Sq. Ft. LENNAR.COM LENNAR®The St. Croix II Landmark Collection 952-249-3000 16305 36th Ave. N. Suite 600, Plymouth, MN 55446 Elevations of a home may vary and we reserve the right to substitute and /or modify design and materials, in our sole opinion and without notice. Please see your New Home Consultant and home purchase agreement for actual features designated as an Everything’s Included feature, additional information, disclosures, and disclaimers relating to your home and its features. Plans are artist’s renderings and may contain options which are not standard on all models. Lennar reserves the right to make changes to plans and elevations without prior notice. Stated dimensions and square footage are approximate and should not be used as representation of the home’s precise or actual size. Any statement, verbal or written, regarding “under air” or “finished area” or any other description or modifier of the square footage size of any home is a shorthand description of the manner in which the square footage was estimated and should not be construed to indicate certainty. Garage sizes may vary from home to home and may not accommodate all vehicles. Visit Lennar.com or see a Lennar New Home Consultant for further details and important legal disclaimers. This is not an offer in states where prior registration is required. Void where prohibited by law. †Source - BATC, 2015 Top 25 Builders List. Copyright © 2018 Lennar Corporation. All rights reserved. Lennar, the Lennar logo, Everything’s Included and the Everything’s Included logo are U.S. registered service marks or service marks of Lennar Corporation and/or its subsidiaries. U.S. Home Corporation d/b/a Lennar – License No. 20464871. Lennar Sales Corp. – Broker. MN Bldr. Lic # BC001413.(10188) 05/11/18 Main Level Upper Level 2,806 Sq. Ft. • 2 Stories • 4 Bedrooms • 3 Bathrooms • 3 Car Garage LENNAR.COM LENNAR®The Snelling Landmark Collection 952-249-3000 A D B C E 2 Stories | 4 Bedrooms | 4 Bathrooms | 3 Car Garage 3,270 Sq. Ft. LENNAR.COM LENNAR®The Snelling Landmark Collection 952-249-3000 16305 36th Ave. N. Suite 600, Plymouth, MN 55446 Elevations of a home may vary and we reserve the right to substitute and /or modify design and materials, in our sole opinion and without notice. Please see your New Home Consultant and home purchase agreement for actual features designated as an Everything’s Included feature, additional information, disclosures, and disclaimers relating to your home and its features. Plans are artist’s renderings and may contain options which are not standard on all models. Lennar reserves the right to make changes to plans and elevations without prior notice. Stated dimensions and square footage are approximate and should not be used as representation of the home’s precise or actual size. Any statement, verbal or written, regarding “under air” or “finished area” or any other description or modifier of the square footage size of any home is a shorthand description of the manner in which the square footage was estimated and should not be construed to indicate certainty. Garage sizes may vary from home to home and may not accommodate all vehicles. Visit Lennar.com or see a Lennar New Home Consultant for further details and important legal disclaimers. This is not an offer in states where prior registration is required. Void where prohibited by law. †Source - BATC, 2015 Top 25 Builders List. Copyright © 2017 Lennar Corporation. All rights reserved. Lennar, the Lennar logo, Everything’s Included and the Everything’s Included logo are U.S. registered service marks or service marks of Lennar Corporation and/or its subsidiaries. U.S. Home Corporation d/b/a Lennar – License No. 20464871. Lennar Sales Corp. – Broker. MN Bldr. Lic # BC001413.(10192) 4/3/17 FOYER STUDY 3 CAR GARAGE PORCH DININGROOM NOOKGREAT ROOM KITCHEN MUDROOM LAUNDRY W.I.C. PWDR OPT. BENCHLINENUP DN OPT.D OPT.CABS & SINK REF. PANTRY DW OPEN OPT.WOPT. FIREPLACE 16’ X 17’ 31’ X 21’ 11’ X 12’ 13’ X 17’ 11’ X 12’ 10’ X 16’ BEDROOM 4 LOFT BEDROOM 2 BEDROOM 3 W.I.C. W.I.C. W.I.C. 3/4BATH J&JBATH LINEN OPENTOBELOW OPT. BOX VAULT DN 11’ x 13’ 12’ x 15’ 14’ x 17’ 11’ x 13’ 17’ x 11’ OWNER'S SUITE OWNER'S BATH Main Level Upper Level 3,270 Sq. Ft. • 2 Stories • 4 Bedrooms • 4 Bathrooms • 3 Car Garage LENNAR.COM LENNAR®The Independence Landmark Collection 952-249-3000 A B C Main: 2 Stories | 4 Bedrooms | 4 Bathrooms | 2 Car Garage I 2,637 Sq. Ft. Private Suite: 1 Bedroom I 1 Bathroom I Private Living Area I Kitchenette I Laundry I 563 Sq. Ft. LENNAR.COM LENNAR®The Independence Landmark Collection 952-249-3000 16305 36th Ave. N. Suite 600, Plymouth, MN 55446 Elevations of a home may vary and we reserve the right to substitute and /or modify design and materials, in our sole opinion and without notice. Please see your New Home Consultant and home purchase agreement for actual features designated as an Everything’s Included feature, additional information, disclosures, and disclaimers relating to your home and its features. Plans are artist’s renderings and may contain options which are not standard on all models. Lennar reserves the right to make changes to plans and elevations without prior notice. Stated dimensions and square footage are approximate and should not be used as representation of the home’s precise or actual size. Any statement, verbal or written, regarding “under air” or “finished area” or any other description or modifier of the square footage size of any home is a shorthand description of the manner in which the square footage was estimated and should not be construed to indicate certainty. Garage sizes may vary from home to home and may not accommodate all vehicles. Visit Lennar.com or see a Lennar New Home Consultant for further details and important legal disclaimers. This is not an offer in states where prior registration is required. Void where prohibited by law. †Source - BATC, 2016 Top 25 Builders List.Copyright © 2017 Lennar Corporation. All rights reserved. Lennar, the Lennar logo, The Home Within a Home, The Home Within a Home logo and the Everything’s Included and the Everything’s Included logo are U.S. registered service marks or service marks of Lennar Corporation and/or its subsidiaries. U.S. Home Corporation d/b/a Lennar – License No. 20464871. Lennar Sales Corp. – Broker. MN Bldr. Lic # BC001413 (10507) 01/04/18 PRIVATE PRIVATE PRIVATE PRIVATE PRIVATE Main Level Upper Level Main Home 2,637 Sq. Ft. • 2 Stories • 4 Bedrooms • 4 Bathrooms • 2 Car Garage Private Suite 563 Sq. Ft. • 1 Bedroom • 1 Bathroom • Private Entrance • Kitchenette • laundry • Living Area • 1 Car Garage Luxury Single Family Homes Proposed for 90’ wide homesites These homes have been built in the following communities: Minnetonka County Club- Shorewood Camden Ridge – Chanhassen Rhapsody - Victoria LENNAR.COM LENNAR®The Genesis • 4-Car Classic Collection 952-249-3000 A B C Main: 2 Stories | 4 Bedrooms | 4 Bathrooms | 3 Car Garage I 2,637 Sq. Ft. Private Suite: 1 Bedroom I 1 Bathroom I Private Living Area I Kitchenette I Laundry I 563 Sq. Ft. LENNAR.COM LENNAR®The Genesis • 4-Car Classic Collection 952-249-3000 16305 36th Ave. N. Suite 600, Plymouth, MN 55446 Elevations of a home may vary and we reserve the right to substitute and /or modify design and materials, in our sole opinion and without notice. Please see your New Home Consultant and home purchase agreement for actual features designated as an Everything’s Included feature, additional information, disclosures, and disclaimers relating to your home and its features. Plans are artist’s renderings and may contain options which are not standard on all models. Lennar reserves the right to make changes to plans and elevations without prior notice. Stated dimensions and square footage are approximate and should not be used as representation of the home’s precise or actual size. Any statement, verbal or written, regarding “under air” or “finished area” or any other description or modifier of the square footage size of any home is a shorthand description of the manner in which the square footage was estimated and should not be construed to indicate certainty. Garage sizes may vary from home to home and may not accommodate all vehicles. Visit Lennar.com or see a Lennar New Home Consultant for further details and important legal disclaimers. This is not an offer in states where prior registration is required. Void where prohibited by law. †Source - BATC, 2016 Top 25 Builders List.Copyright © 2017 Lennar Corporation. All rights reserved. Lennar, the Lennar logo, The Home Within a Home, The Home Within a Home logo and the Everything’s Included and the Everything’s Included logo are U.S. registered service marks or service marks of Lennar Corporation and/or its subsidiaries. U.S. Home Corporation d/b/a Lennar – License No. 20464871. Lennar Sales Corp. – Broker. MN Bldr. Lic # BC001413.(10509) 01/04/18 GREAT ROOM 17'-0" X 15'-0" PRIVATEBEDROOM 11'-0" X 10'-0" PRIVATEBATH DINING ROOM 12'-0" X 15 '-0" ' FOYER PRIVATEKITCHENETTEPRIVATE LIVING ROOM 12'-0" X 11'-0" 0 u PRIVATE 1-CAR GARAGE 21'-0" X 14'-0" PORCH f _S_ KITCHEN z r----------- I I I I I I I MUD ROOM 3-CAR GARAGE 29'-0" X 23'-0" Main Level Upper Level Main Home 2,637 Sq. Ft. • 2 Stories • 4 Bedrooms • 4 Bathrooms • 3 Car Garage Private Suite 563 Sq. Ft. • 1 Bedroom • 1 Bathroom • Private Entrance • Kitchenette • laundry • Living Area • 1 Car Garage LENNAR.COM LENNAR®The Blakely Classic Collection 952-249-3000 A B C D E 2 Stories | 4 Bedrooms | 4 Bathrooms | 3 Car Garage 3,344 Sq. Ft. LENNAR.COM LENNAR®The Blakely Classic Collection 952-249-3000 16305 36th Ave. N. Suite 600, Plymouth, MN 55446 Elevations of a home may vary and we reserve the right to substitute and /or modify design and materials, in our sole opinion and without notice. Please see your New Home Consultant and home purchase agreement for actual features designated as an Everything’s Included feature, additional information, disclosures, and disclaimers relating to your home and its features. Plans are artist’s renderings and may contain options which are not standard on all models. Lennar reserves the right to make changes to plans and elevations without prior notice. Stated dimensions and square footage are approximate and should not be used as representation of the home’s precise or actual size. Any statement, verbal or written, regarding “under air” or “finished area” or any other description or modifier of the square footage size of any home is a shorthand description of the manner in which the square footage was estimated and should not be construed to indicate certainty. Garage sizes may vary from home to home and may not accommodate all vehicles. Visit Lennar.com or see a Lennar New Home Consultant for further details and important legal disclaimers. This is not an offer in states where prior registration is required. Void where prohibited by law. †Source - BATC, 2015 Top 25 Builders List. Copyright © 2017 Lennar Corporation. All rights reserved. Lennar, the Lennar logo, Everything’s Included and the Everything’s Included logo are U.S. registered service marks or service marks of Lennar Corporation and/or its subsidiaries. U.S. Home Corporation d/b/a Lennar – License No. 20464871. Lennar Sales Corp. – Broker. MN Bldr. Lic # BC001413. (10156) 4/3/17 3 CAR GARAGE PORCH GREAT ROOM NOOK TECHCENTER DININGROOMSTUDY KITCHEN MUDROOM W.I.C.PWDR OPT. BENCHUP OPT. CABINETS OPT.BEV CENTER OPT. BOX VAULT PANTRY DN REF.COATSOPT. CABDW FOYERFIREPLACE 18’ x 15’ 11’ x 15’ 29’ x 19’ 9’ x 18’ 11’ x 13’ 11’ x 7’ Front porch shown as elevation A, other elevations may vary. DBL. OVENSREF.OPT.WOPT.DBEDROOM 2 BEDROOM 3 BEDROOM 4 W.I.C. W.I.C.W.I.C. W.I.C. J&J BATH LAUNDRY 3/4 BATH DN LINEN VAULT CLG D.S.OPT. CABS & SINKSEAT18’ x 15’ 12’ x 14’12’ x 12’ 14’ x 12’ OWNER'S SUITE OWNER'S BATH Main Level Upper Level 3,344 Sq. Ft. • 2 Stories • 4 Bedrooms • 4 Bathrooms • 3 Car Garage LENNAR.COM LENNAR®The Weston Classic Collection 952-249-3000 A B C E 1 Story | 2 Bedrooms | 3 Bathrooms | 3 Car Garage 2,498 Sq. Ft. BEDROOM2 11'-0"X12'-0" STUDY 10'-0" X 14'-0" --t6'1v ·-----,,,,KlTCHEN 13'-0" X 17'-0" GREAT ROOM DINETTE E=1 � 9'-0" X 10'-0" 19'-0" X 15'-0" PORCH ���:�:���-1: : : ROOM : : : : 13'-0" X 10'-0" : i i �--------------J ,--------------' ' 3-CAR GARAGE 30'-0" X 24'-0" DBL. OVEN LENNAR.COM LENNAR®The Weston Classic Collection 952-249-3000 16305 36th Ave. N. Suite 600, Plymouth, MN 55446 Main Level Elevations of a home may vary and we reserve the right to substitute and /or modify design and materials, in our sole opinion and without notice. Please see your New Home Consultant and home purchase agreement for actual features designated as an Everything’s Included feature, additional information, disclosures, and disclaimers relating to your home and its features. Plans are artist’s renderings and may contain options which are not standard on all models. Lennar reserves the right to make changes to plans and elevations without prior notice. Stated dimensions and square footage are approximate and should not be used as representation of the home’s precise or actual size. Any statement, verbal or written, regarding “under air” or “finished area” or any other description or modifier of the square footage size of any home is a shorthand description of the manner in which the square footage was estimated and should not be construed to indicate certainty. Garage sizes may vary from home to home and may not accommodate all vehicles. Visit Lennar.com or see a Lennar New Home Consultant for further details and important legal disclaimers. This is not an offer in states where prior registration is required. Void where prohibited by law. †Source - BATC, 2015 Top 25 Builders List. Copyright © 2017 Lennar Corporation. All rights reserved. Lennar, the Lennar logo, Everything’s Included and the Everything’s Included logo are U.S. registered service marks or service marks of Lennar Corporation and/or its subsidiaries. U.S. Home Corporation d/b/a Lennar – License No. 20464871. Lennar Sales Corp. – Broker. MN Bldr. Lic # BC001413. (10155) 7/12/17 2,498 Sq. Ft. •1 Story •2 Bedrooms •3 Bathrooms •3 Car Garage LENNAR.COM LENNAR®The Springdale Classic Collection 952-249-3000 DA E G H I 2 Stories | 4 Bedrooms | 4 Bathrooms | 3 Car Garage 3,396 Sq. Ft. DN UP REF. DW PANTRY W.I.C. MUDROOM 3/4BATH NOOK GREATROOM FOYER LIVINGROOM DININGROOM PORCH 3 CAR GARAGE STUDY KITCHEN FIREPLACE OPT. TRAY CEILINGDBL. OVEN 11’ x 9’ 15’ x 14’ 9’ x 13’ 31’ x 21’ 13’ x 11’ 11’ x 12’ 11’ x 15’ Front porch shown as elevation A, other elevations may vary. OPT.BENCH LENNAR.COM LENNAR®The Springdale Classic Collection 952-249-3000 16305 36th Ave. N. Suite 600, Plymouth, MN 55446 Elevations of a home may vary and we reserve the right to substitute and /or modify design and materials, in our sole opinion and without notice. Please see your New Home Consultant and home purchase agreement for actual features designated as an Everything’s Included feature, additional information, disclosures, and disclaimers relating to your home and its features. Plans are artist’s renderings and may contain options which are not standard on all models. Lennar reserves the right to make changes to plans and elevations without prior notice. Stated dimensions and square footage are approximate and should not be used as representation of the home’s precise or actual size. Any statement, verbal or written, regarding “under air” or “finished area” or any other description or modifier of the square footage size of any home is a shorthand description of the manner in which the square footage was estimated and should not be construed to indicate certainty. Garage sizes may vary from home to home and may not accommodate all vehicles. Visit Lennar.com or see a Lennar New Home Consultant for further details and important legal disclaimers. This is not an offer in states where prior registration is required. Void where prohibited by law. †Source - BATC, 2015 Top 25 Builders List. Copyright © 2017 Lennar Corporation. All rights reserved. Lennar, the Lennar logo, Everything’s Included and the Everything’s Included logo are U.S. registered service marks or service marks of Lennar Corporation and/or its subsidiaries. U.S. Home Corporation d/b/a Lennar – License No. 20464871. Lennar Sales Corp. – Broker. MN Bldr. Lic # BC001413. (10154) 11/08/17 Main Level Upper Level 3,396 Sq. Ft. • 2 Stories • 4 Bedrooms • 4 Bathrooms • 3 Car Garage LENNAR®The Riviera LENNAR.COM 952-373-0485 A C B D 1 Story | 3 Bedrooms | 3 Bathrooms | 3 Car Garage 2,983 Sq. Ft. LENNAR®The Riviera 16305 36th Ave. N. Suite 600, Plymouth, MN 55446 LENNAR.COM 952-373-0485 Elevations of a home may vary and we reserve the right to substitute and /or modify design and materials, in our sole opinion and without notice. Please see your New Home Consultant and home purchase agreement for actual features designated as an Everything’s Included feature, additional information, disclosures, and disclaimers relating to your home and its features. Plans are artist’s renderings and may contain options which are not standard on all models. Lennar reserves the right to make changes to plans and elevations without prior notice. Stated dimensions and square footage are approximate and should not be used as representation of the home’s precise or actual size. Any statement, verbal or written, regarding “under air” or “finished area” or any other description or modifier of the square footage size of any home is a shorthand description of the manner in which the square footage was estimated and should not be construed to indicate certainty. Garage sizes may vary from home to home and may not accommodate all vehicles. Visit Lennar.com or see a Lennar New Home Consultant for further details and important legal disclaimers. This is not an offer in states where prior registration is required. Void where prohibited by law. †Source - BATC, 2017 Top 25 Builders List. Copyright © 2018 Lennar Corporation. All rights reserved. Lennar, the Lennar logo, Everything’s Included and the Everything’s Included logo are U.S. registered service marks or service marks of Lennar Corporation and/or its subsidiaries. U.S. Home Corporation d/b/a Lennar – Lennar Sales Corp. – Broker License #40021205. MN Bldr. Lic # BC001413. CalAtlantic Group, Inc.; BC number is – BC736565. (24874) 05/23/18 MAIN LEVEL 2,983 Sq. Ft. • 1 Story • 3 Bedrooms • 3 Bathrooms • 3 Car Garage LENNAR®The Salisbury LENNAR.COM 952-249-3000 A C B D 2 Stories | 4 Bedrooms | 5 Bathrooms | 3 Car Garage 3,974 Sq. Ft. LENNAR®The Salisbury 16305 36th Ave. N. Suite 600, Plymouth, MN 55446 LENNAR.COM 952-249-3000 Elevations of a home may vary and we reserve the right to substitute and /or modify design and materials, in our sole opinion and without notice. Please see your New Home Consultant and home purchase agreement for actual features designated as an Everything’s Included feature, additional information, disclosures, and disclaimers relating to your home and its features. Plans are artist’s renderings and may contain options which are not standard on all models. Lennar reserves the right to make changes to plans and elevations without prior notice. Stated dimensions and square footage are approximate and should not be used as representation of the home’s precise or actual size. Any statement, verbal or written, regarding “under air” or “finished area” or any other description or modifier of the square footage size of any home is a shorthand description of the manner in which the square footage was estimated and should not be construed to indicate certainty. Garage sizes may vary from home to home and may not accommodate all vehicles. Visit Lennar.com or see a Lennar New Home Consultant for further details and important legal disclaimers. This is not an offer in states where prior registration is required. Void where prohibited by law. †Source - BATC, 2017 Top 25 Builders List. Copyright © 2018 Lennar Corporation. All rights reserved. Lennar, the Lennar logo, Everything’s Included and the Everything’s Included logo are U.S. registered service marks or service marks of Lennar Corporation and/or its subsidiaries. U.S. Home Corporation d/b/a Lennar – Lennar Sales Corp. – Broker License #40021205. MN Bldr. Lic # BC001413. CalAtlantic Group, Inc.; BC number is – BC736565. (24873) 05/17/18 MAIN LEVEL UPPER LEVEL 3,974 Sq. Ft. • 2 Stories • 4 Bedrooms • 5 Bathrooms • 3 Car Garage LENNAR®The Muirfield LENNAR.COM 952-373-0485 A C B D 2 Stories | 4 Bedrooms | 4 Bathrooms | 3 Car Garage 3,874 Sq. Ft. LENNAR®The Muirfield 16305 36th Ave. N. Suite 600, Plymouth, MN 55446 LENNAR.COM 952-373-0485 Elevations of a home may vary and we reserve the right to substitute and /or modify design and materials, in our sole opinion and without notice. Please see your New Home Consultant and home purchase agreement for actual features designated as an Everything’s Included feature, additional information, disclosures, and disclaimers relating to your home and its features. Plans are artist’s renderings and may contain options which are not standard on all models. Lennar reserves the right to make changes to plans and elevations without prior notice. Stated dimensions and square footage are approximate and should not be used as representation of the home’s precise or actual size. Any statement, verbal or written, regarding “under air” or “finished area” or any other description or modifier of the square footage size of any home is a shorthand description of the manner in which the square footage was estimated and should not be construed to indicate certainty. Garage sizes may vary from home to home and may not accommodate all vehicles. Visit Lennar.com or see a Lennar New Home Consultant for further details and important legal disclaimers. This is not an offer in states where prior registration is required. Void where prohibited by law. †Source - BATC, 2017 Top 25 Builders List. Copyright © 2018 Lennar Corporation. All rights reserved. Lennar, the Lennar logo, Everything’s Included and the Everything’s Included logo are U.S. registered service marks or service marks of Lennar Corporation and/or its subsidiaries. U.S. Home Corporation d/b/a Lennar – Lennar Sales Corp. – Broker License #40021205. MN Bldr. Lic # BC001413. CalAtlantic Group, Inc.; BC number is – BC736565. (24876) 05/17/18 MAIN LEVEL UPPER LEVEL 3,874 Sq. Ft. • 2 Stories • 4 Bedrooms • 4 Bathrooms • 3 Car Garage CITY COUNCIL STAFF REPORT Monday, June 11, 2018 Subject Presentation of Maple Leaf Award to Marilyn Luthy Section PUBLIC ANNOUNCEMENTS Item No: C.1. Prepared By Todd Gerhardt, City Manager File No:  ATTACHMENTS: Marilyn Luthy Biography MARILYN LUTHY – SENIOR CENTER VOLUNTEER (2000-2018) Marilyn Luthy is a Chanhassen resident of 24 years, serving the community for the past 18 years as a Senior Center Volunteer. In addition to recognizing her for her community service this evening, she is also celebrating her 89th birthday today! Prior to volunteering for the city, Marilyn’s career included working for 34 years as an accountant for Minneapolis Moline, and 14 years as a secretary for Vernco. After her retirement, Marilyn wanted stay connected with the community and decided to volunteer at the Senior Center. Her duties over the past 18 years included: • Greeting people and answering questions about the Senior Center both in person and on the phone in a friendly and professional manner. • Working in the office usually every Thursday and providing office coverage whenever needed including answering the phone, taking registrations, mailing program and activity information, general setup, and operation of activities and programs. • Marilyn would also serve as an escort on Senior Center Day trips. In addition to her volunteer work, Marilyn was involved in the community in the following ways: • Senior Advisory Board member for several years • Senior Commission member for one term • Book Club group leader for 10 years • Women’s Club president for several years Marilyn, the City of Chanhassen recognizes and thanks you for your 18 years of dedicated volunteer service to the community, and we wish you a Happy 89th Birthday! CITY COUNCIL STAFF REPORT Monday, June 11, 2018 Subject Approval of City Council Minutes dated May 29, 2018 Section CONSENT AGENDA Item No: D.1. Prepared By Nann Opheim, City Recorder File No: N/A PROPOSED MOTION “The City Council approves the minutes dated May 29, 2018.” Council approval requires a Simple Majority Vote of members present. ATTACHMENTS: City Council Work Session Minutes dated May 29, 2018 City Council Summary Minutes dated May 29, 2018 City Council Verbatim Minutes dated May 29, 2018 CHANHASSEN CITY COUNCIL WORK SESSION MAY 29, 2018 Mayor Laufenburger called the work session to order at 5:30 p.m. COUNCIL MEMBERS PRESENT: Mayor Laufenburger, Councilwoman Tjornhom, Councilman McDonald, Councilwoman Ryan, and Councilman Campion STAFF PRESENT: Todd Gerhardt, Chelsea Petersen, Kate Aanenson, Paul Oehme, and Todd Hoffman PUBLIC PRESENT: Mike and Candi McGonagill 2451 Hunter Drive KEY FINANCIAL STRATEGY: ECONOMIC DEVELOPMENT Todd Gerhardt provided background information on different incentives that have been used in the past to provide economical development in the city and reviewed a graph showing economic benchmarks and how Chanhassen ranks with key financial strategy and surrounding communities. He showed comparison between tax rates and total taxable market value. Councilman Campion asked for clarification on how the tax capacity rate relates to total taxable market value and how economic development affects redevelopment of downtown. Mayor Laufenburger discussed possible incentives to developers to bring up taxes on developed land versus vacant land. Todd Gerhardt stated he would lean towards using tax abatements or grants as incentive. Mayor Laufenburger asked if there is state legislation affecting abatements. Councilman McDonald asked how abatements differs from tax increment financing districts. Mayor Laufenburger asked if staff would use abatements in the future as an incentive and if the council wants to change incentives or continue with current practices. Councilwoman Tjornhom asked if requests can be reviewed on a case by case basis versus creating a policy of treating every business the same. Todd Gerhardt expressed favoring an overall policy in treating all businesses the same. Councilwoman Ryan asked for clarification on how tax incentives would be used after a policy is made. Mayor Laufenburger clarified that the council’s directive is deciding how long and what type of incentives should be used. He stressed that it makes sense to decide on a consistent policy moving forward. Councilwoman Ryan stated she would like to see more clearly how the policy would look and would favor that projects be looked at on a case by case basis. After questions and concerns it was decided that more information was needed before a decision is made. Mayor Laufenburger asked staff to look at policies being used by other communities. City Council Work Session – May 29, 2018 2 GALPIN BOULEVARD STUDY UPDATE. Jon Horn with Kimley-Horn and Associates and Darin Mielke with Carver County were present to review highlights of the Galpin Boulevard reconstruction planning, background information, study area, and results of traffic study with proposed construction beginning in 2022. Jon Horn reviewed comments received at the open house held on March 22, 2018 and how those issues will be addressed regarding the use of roundabouts, bicycle and pedestrian improvements, storm drainage improvements, improvements needed north of Lake Lucy Road, and the schedule moving forward. Mayor Laufenburger asked that council members receive a copy of the proposed cost estimates being presented to the Carver County Board. Councilmembers asked how development of Prince’s property will be addressed. Mayor Laufenburger asked how the $10.3 million dollar estimate compares to previous cost estimates and clarification of the County’s cost sharing policy. Mayor Laufenburger adjourned the work session at 7:05 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim CHANHASSEN CITY COUNCIL REGULAR MEETING SUMMARY MINUTES MAY 29, 2018 Mayor Laufenburger called the meeting to order at 7:10 p.m. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Laufenburger, Councilwoman Tjornhom, Councilman McDonald, Councilwoman Ryan, and Councilman Campion STAFF PRESENT: Todd Gerhardt, Chelsea Petersen, Kate Aanenson, Paul Oehme, Todd Hoffman, Katie Matthews, and Roger Knutson PUBLIC ANNOUNCEMENTS: PRESENTATION OF CERTIFICATE OF APPRECIATION TO LAUREN DALE, PARK AND RECREATION COMMISSIONER. Mayor Laufenburger presented a Certificate of Appreciation to Lauren Dale for her 3 years of service as a youth representative on the Park and Recreation Commission. CONSENT AGENDA: Councilman McDonald moved, Councilman Campion seconded to approve the following consent agenda items pursuant to the City Manager’s recommendations: 1. Approval of City Council Minutes dated May 14, 2018 2. Receive Park and Recreation Commission Minutes dated April 24, 2018 3. Resolution #2018-35: Accept Donation from KleinBank Chanhassen for the Summer Concert Series 4. Approve Private Fireworks Display on Lake Minnewashta, July 4, 2018 5. Approve Fireworks Display7 at Lake Ann Park, July 4, 2018 6. Approve Specialized Services Agreement with Carver County for Watercraft Inspections All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS: KLEINBANK CHANHASSEN: DONATION TO CHANHASSEN SUMMER CONCERT SERIES. City Council Summary – May 29, 2018 2 Katie Matthews introduced Gretchen Holmgren and Tyler Miller from KleinBank who presented the Mayor and City Council with a check for the Summer Concert Series. FIRE DEPARTMENT/LAW ENFORCEMENT UPDATE. Chief Don Johnson provided updates on staffing, calls for service, training, participation in Waconia’s Lions Club parade honoring Korean War Veterans, the Pinky Swear Foundation event, Memorial Day activities and the Fire Marshal’s monthly update. Sergeant Dustin Bones provided the April monthly statistics, and updates on training, community relations and staffing. PUBLIC HEARING: APPROVE ON-SALE INTOXICATING LIQUOR LICENSE FOR BONFIRE RESTAURANT COMPANY, LLC DBA AXEL’S. Chelsea Petersen presented the staff report on this item. Dean Marsh, the Operations Manager for Axel’s stated he was very excited to be in the community. Mayor Laufenburger opened the public hearing. No one spoke and the public hearing was closed. Councilwoman Ryan moved, Councilman Campion seconded that the City Council approves an on-sale intoxicating liquor license for Bonfire Restaurant Company, LLC doing business as Axel’s located at 560 West 78th Street. All voted in favor and the motion carried unanimously with a vote of 5 to 0. COUNCIL PRESENTATIONS. Councilman McDonald commented on the Memorial Day ceremony. Mayor Laufenburger asked Todd Hoffman to thank city staff and the Chanhassen American Legion for their participation in Memorial Day activities. ADMINISTRATIVE PRESENTATIONS. Todd Gerhardt noted that Applebee’s has closed and that there are no known interested parties to occupy that space at this time. CORRESPONDENCE DISCUSSION. Mayor Laufenburger discussed the 2017 annual population estimate numbers from the Metropolitan Council that was included in the packet. Councilman McDonald moved, Councilwoman Tjornhom seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The City Council meeting was adjourned at 7:40 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim CHANHASSEN CITY COUNCIL REGULAR MEETING MAY 29, 2018 Mayor Laufenburger called the meeting to order at 7:10 p.m. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Laufenburger, Councilwoman Tjornhom, Councilman McDonald, Councilwoman Ryan, and Councilman Campion STAFF PRESENT: Todd Gerhardt, Chelsea Petersen, Kate Aanenson, Paul Oehme, Todd Hoffman, Katie Matthews, and Roger Knutson Mayor Laufenburger: I want to welcome everybody in the council chambers. Welcome to this meeting as well as those of you that are watching online, either on Mediacom cable channel or on livestream from our website. Nice to have you with us tonight. And just for the record we’ve got about 15 people in the council chambers. Just a reminder council, people in the chambers, if you haven’t done so and you’d like to would you please register at the registration table which is right underneath the map there. And for the record let it be reflect that all council members are present this evening. Thank you. First item on our agenda is the agenda itself. Council members are there any modifications to the agenda this evening? There being none we will proceed with the agenda as printed. PUBLIC ANNOUNCEMENTS: PRESENTATION OF CERTIFICATE OF APPRECIATION TO LAUREN DALE, PARK AND RECREATION COMMISSIONER. Mayor Laufenburger: Our first agenda item is a presentation of a certificate and I’m going to step forward for this. Now this is a Certificate of Appreciation presented to Lauren Dale. Lauren are you here? Lauren Dale, this is actually a Park and Recreation Commission Certificate of Appreciation. Lauren Dale served as a youth member of the Park and Recreation Commission for 3 consecutive one year terms from 2015 through 2018. Lauren was extremely active during her years on the commission assembling an impressive resume of accomplishments. Investing 85 hours of volunteer labor Lauren completed a Chanhassen Trail Wayfinding project as a Girl Scout Gold Award and Senior Capstone Project. The resulting signage was installed at Lake Ann Park, Lake Susan Park, and the Chanhassen Nature Preserve. Lauren also volunteered at Daddy Daughter Date Night and Halloween parties helping to insure the success of these programs for local families. Through her employment with the department as a concession stand attendant Lauren served guests at Lake Ann Park and worked at the City’s 4th of July celebration. Lauren was inquisitive during her time on the commission and she provided very thoughtful input. The community of Chanhassen is a better place as a result of Lauren’s desire to serve and to make a different. Lauren I can personally it’s been a joy to work with you on the Park and Rec Commission and to see the wayfinding trail signage that you had, Chanhassen City Council – May 29, 2018 2 remarkable and I have no doubt in my mind that wherever you go, and by the way where are you going after school? Lauren Dale: Duluth. Mayor Laufenburger: University of Minnesota Duluth. Lauren Dale: Yep. Mayor Laufenburger: So you’ll be a bulldog right? Lauren Dale: Yep. Mayor Laufenburger: She’s be a bulldog just as she’s been a bulldog in Chanhassen for all of these 18 years so Lauren congratulations. Lauren Dale: Thank you. Mayor Laufenburger: Proud mom and dad. CONSENT AGENDA: Councilman McDonald moved, Councilman Campion seconded to approve the following consent agenda items pursuant to the City Manager’s recommendations: 1. Approval of City Council Minutes dated May 14, 2018 2. Receive Park and Recreation Commission Minutes dated April 24, 2018 3. Resolution #2018-35: Accept Donation from KleinBank Chanhassen for the Summer Concert Series 4. Approve Private Fireworks Display on Lake Minnewashta, July 4, 2018 5. Approve Fireworks Display7 at Lake Ann Park, July 4, 2018 6. Approve Specialized Services Agreement with Carver County for Watercraft Inspections All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS: KLEINBANK CHANHASSEN: DONATION TO CHANHASSEN SUMMER CONCERT SERIES. Chanhassen City Council – May 29, 2018 3 Mayor Laufenburger: We have one scheduled visitor presentation. Katie are you managing this one tonight? Is that right? Katie Matthews: We’ve got members here from the KleinBank that are going to present the City Council and the Mayor a check. Mayor Laufenburger: Oh we love checks. Is this something you want me to come forward with? Katie Matthews: Yes. Mayor Laufenburger: Nice to see you here again. Alright what do we have here Gretchen Holmgren or Tyler? Gretchen Holmgren: We are presenting a check to the City of Chanhassen for the Concert in the Park for the Summer. Mayor Laufenburger: Oh my. And how many years in a row have you been doing this? Katie Matthews: I’m saying like 14. Gretchen Holmgren: Yeah it’s been a while. Mayor Laufenburger: It’s been a long time. Gretchen Holmgren: Yeah. Mayor Laufenburger: Well the City is very grateful to KleinBank for your continuing support of this program. I know Park and Rec loves bringing people out to City Center Park and these are most often, what are the nights that these happen? Katie Matthews: Thursday nights at 7:00 p.m. Mayor Laufenburger: And I noticed the little refrigerator magnet. Katie Matthews: There are refrigerator magnets. We have our first one…with Church of Cash on June 14th. Mayor Laufenburger: That’s just 2 weeks from this week right? Katie Matthews: Right. Mayor Laufenburger: So can citizens get these at City Hall, do you know? Chanhassen City Council – May 29, 2018 4 Katie Matthews: Yep they can get them at City Hall, KleinBank or they’ll have them at the concerts. Mayor Laufenburger: Alright, well on behalf of the City and all of the people who enjoy these concerts thank you very much to KleinBank. Let’s hear it for KleinBank. I have a feeling we’re just going to deposit this check… Thank you very much. Gretchen Holmgren: It was good to see you again. Thank you. Mayor Laufenburger: Alright, I wonder if there’s anybody else in the council chambers that would like to address the council on any matter this evening? Just a reminder to all citizens, this is a, this visitor presentations portion is available at every regularly scheduled council meeting. We encourage citizens to come forward and talk about anything that they would like and the council is available to hear so with that I think we’ll close visitor presentations. FIRE DEPARTMENT/LAW ENFORCEMENT UPDATE. Mayor Laufenburger: Chief did you draw the short straw here? Chief Don Johnson: I did. Mayor Laufenburger: Okay, alrighty. This is Chief Don Johnson for the monthly fire department update. Go ahead Chief. Chief Don Johnson: Thank you Mayor and council. Tonight I’m reporting on the activities of April and then up to our point as far as activities of the fire department through this month. Our current staffing is at 39. I’m happy that we’re just about complete with our recruitment and hiring for the year. We did make offers to 6 candidates this year. We’re already down to 5 so we’re authorized at 45. That would bring us to 44. The remaining 5 are still in a process where there are some things that they have to pass to get on and we’re confident that we’re going to get at least 5 out of it. With that I also have a 12 year veteran returning. Their family had been, had a job change and he moved to Florida and now he’s back so. Mayor Laufenburger: Is this Mr. January? No. Chief Don Johnson: This is Mr. January. Mayor Laufenburger: Mr. January huh? Chief Don Johnson: Mr. Foote is back. Chanhassen City Council – May 29, 2018 5 Mayor Laufenburger: Doug if you’re watching we’re happy to have you, calendar boy back in town. Chief Don Johnson: So Doug will start June 18th. We’re happy to have him back and with this hiring pool we also have 2 legacy young male firefighters coming on. A former firefighters and current Mr. January so Hayden Foote has been made a conditional offer and he’ll serve with his dad up at Station 2 if he completes the process. And we also have William Siems coming on. Assistant Chief Jeff Siems was with us for a while. He’s also an Edina firefighter so we’re happy to have a couple legacy recruits coming in this year so tentative start date for the new group is June 18th. That also coincides with our Black Hat Evening which hopefully all of you have your, in your invite box for that evening. Mayor Laufenburger: Is that public works again? Chief Don Johnson: It is at public works Mayor? We’ll have a nice ceremony as always. We make sure that everyone that attends is well fed as part of the fire department culture and we’ll swear in 5 of our probationary folks that have successfully completed 2 years of probation. So with that moving on, we had 79 calls for service in April. I don’t know quite what’s going on out there but we are exceptionally busy. We’re at 83 for the month already this month. As of last month we were up 13.6 percent ahead of last year. Duty crew responded to 9 of those calls in April and 40 overall for the year. Medicals appears to be our largest increase right now. We’re still in a prioritized medical call list with Hennepin, or I’m sorry Carver Dispatch and that means that we’re not paged to all medicals but only those that are severe and that if an ambulance or a deputy isn’t available within 5 minutes so we’ve seen probably about a 27 percent increase in medicals. I did a little bit of a comparison for last year. I’ve also broken out our EMS dispatched and cancelled in route. We’ve been starting to see a lot of calls where the fire department started and then before we can arrive we’re cancelled and a lot of that ends up being in the medical world so partnering with the sheriff’s office. We started watching that and entering a code so I can kind of keep an eye on things that are going on. A lot of times it means we’re not needed. That the person isn’t sick or the deputies can handle it or the ambulance is arriving before we are, which Ridgeview does 20 hours in town. It makes a big different where Ridgeview’s arriving and we’re being cancelled by ambulance so some of those other cancelled in route calls are residential fire alarms so if someone’s residential alarm goes off someone calls in with the proper code we don’t normally respond to those. Unlike commercial. If it’s a commercial then we’ll go anyways because I like to find out what’s going on with the building systems and what’s going on in town with that so we’re just experiencing a heavy call load. 45 of those were EMS calls for the month out of the 79 which is a little higher. Usually we’re running about 50 percent so whatever our call load is. We had 4 fire responses. Two of those minor cooking fires. One a car fire and then we did have a substantial grass and brush fire at Minnewashta Park. It wasn’t intentionally set but there were some folks that had spent some time in a certain area of that park and left some things behind that they didn’t carefully make sure things were out so a lot of work for that day. Training for the month has been fire officer training on response to large commercial buildings and fire ground incident command tactics. Chanhassen City Council – May 29, 2018 6 EMR training and the entire department went recently down to the Scale Facility for live burn training. Activities. I’ve been pretty proud of what we’ve stood up for this past month. April 25th we participated in Waconia with the Lion’s project where they funded Korean War Vets to visit Washington D.C. and the Korean War Memorial. Our fire relief association gave a very generous donation to that cause. For that we were asked to be in the parade that welcomed them home so we had the ladder truck out there with about 4 other departments and were part of that experience. It was a lot of fun and very rewarding for those that attended. They had over 200 veterans on those buses so I think it meant quite a bit, and I estimated the crowd in Waconia at over 1,000 that night and it was probably 10:30 at night so it was pretty, it was a pretty good showing. We assisted with a Pinky Swear Foundation event at ABC Toys. We assisted the Legion, as we have for many years. We had about 17 honor guard members that we transport around for the cemetery visits of the memorial, on Memorial Day. And then also stood a medical crew up to the annual, our annual Memorial Day Cemetery which luckily even with the heat we didn’t have anybody succumb to the heat out there so. Fire Marshal Nutter also assisted Chaska with a hiring panel for their selection process. A couple of upcoming events for us. June 11th council’s welcomed. We have our annual fire department picnic at Lake Ann Park in the Klingelhutz Pavilion. That will be 5:30 to about 8:30 and then our June 18th is our Annual Black Hat Ceremony. Of particular mention with what we’ve seen recently, I know with all the rain we’ve gotten, we’ve had a lot of citizen complaints with burning. Some have been called in by citizens concerned with what’s going on. I was at a call earlier this weekend where one of our rural residents decided to burn mattresses in their area behind their home so just a reminder for the public. We’ve got 2 kinds of fires in Chanhassen. There’s a rec fire which you’d sit around and you’d enjoy hotdogs and S’mores in your back yard and there’s a permitted burn which is a permitted would require myself or the Fire Marshal to go out and approve. Citizens, we don’t allow people to burn leaves and rubbish and things like that on their yards because people get concerned about fire. Up until again this last week we base our permit burns on the DNR. The DNR has no ban, or a ban on burns we don’t allow an yone to burn. Some of the bigger burns you’ll see in town, Eckankar, Arboretum Village, some stuff in Minnewashta are prescribed burns and they’re hired out so we only allow companies to do that so. Smoke in the area calls are obviously problematic and with the call load that we’re dealing with we don’t like to be out for unnecessary things but just to remind the general public that just because you own a home doesn’t mean you can burn whatever you want in your back yard so, and we’ll continue to work with the sheriff’s office on, and the fire department response to keep that at bay hopefully. With that I can stand for questions. Mayor Laufenburger: Alright thank you Chief. Council members any questions for Chief Johnson? Just a remind, June 18th is the Black Hat, correct? Chief Don Johnson: Correct. Mayor Laufenburger: And that’s at public works. Chanhassen City Council – May 29, 2018 7 Chief Don Johnson: That will start about 6:00 p.m. with dinner. Program will start around 6:45 and again everybody’s welcomed so. Mayor Laufenburger: And the fire department picnic on June 11th, that’s primarily just for department members and families? Chief Don Johnson: Correct and retirees but again we’d extend that offer if you’d like to come and say hi. Mayor Laufenburger: That’s also at the Klingelhutz Pavilion, is that right? Chief Don Johnson: Correct. Mayor Laufenburger: Okay, perfect. Alright, thank you Chief. Good luck with your new recruits. Chief Don Johnson: Thank you. Mayor Laufenburger: Alrighty. Next we have standing in for Lieutenant Eric Kittelson, Sergeant Dustin Bones or is it Bones? Sergeant Dustin Bones: It’s Bones. Mayor Laufenburger: Bones. Sergeant Dustin Bones: Like the TV show. Mayor Laufenburger: Like the TV show. Sergeant Dustin Bones: No royalties yet. Mayor Laufenburger: Alright, Sergeant nice to have you with us tonight. Is this part of the normal regime that Lieutenant Kittelson submits all of the Sergeants and Deputies do? Sergeant Dustin Bones: It seems to be. Mayor Laufenburger: Alright, alright. Sergeant Dustin Bones: Yeah it’s not unforeseen. Mayor Laufenburger: Okay, well nice to have you with us tonight. Go ahead. Chanhassen City Council – May 29, 2018 8 Sergeant Dustin Bones: Good evening Mr. Mayor and council members. I have the monthly law enforcement update for or stats from March. So in the month of March we handled Group A offenses. 11 Group B offenses. 377 miscellaneous non-criminal calls. There were 427 total traffic incidents. 94 administrative calls for service with a total of 949 calls for service handled. Arrest, citations and verbal warnings summary. There were 424 individuals arrested and charged with 43 crimes in 21 separate incidents. 12 for DUI. 7 for drug violations and 5 for disorderly conduct. A total of 105 citations were issued. 30 for speed, 11 for no proof of insurance in a motor vehicle, and 11 for driving after suspension. A total of 169 verbal warnings were issued. 143 of those related to traffic stops. Training updates. The following staff have completed Minnesota Crisis Intervention Team Training or CIT training. The whole department is going through that. So far Lieutenant Kittelson, Sergeant Breunig, Deputy Zydowsky, Deputy Possard, Deputy Burt, Deputy Amberg, Deputy Horvath, and Deputy Heitz have all completed the training. Remaining staff will complete it either July 4th through the 8th or a little later in the year. September 24th through 28th so everyone should be done by the end of September. This month all staff attended an in service firearms training. Community relations update. Deputy Burt and Deputy Groenhagen attended the Arbor Day celebration on May 5th and they brought their own shovels. Helped plant a few trees. The public safety plan for the 4th of July celebration is nearly complete with the 4th of July just over a month away. Staffing update. Deputy Mike Hanson will continue to be out injured for at least another couple of weeks. Deputy Burt will remain working his day shift and covering. Upon Deputy Hanson’s return Deputy Burt would go to the evening power shift. Deputy Bob Zydowsky wrapped up the 2017 through 18 school year as the School Resource Officer. He’ll be working day shift, patrol shifts throughout the summer assisting with juvenile issues and investigations until school resumes in the fall. The Memorial weekend was relatively uneventful and quiet. Everyone was well behaved. There were only 2 arrests to speak of and both related to DUI. We’re picking up our pedestrian safety initiatives now that the warm weather is here. Yesterday Deputy Amberg did a crosswalk detail at the intersection of Highway 101 and Pleasant View Road which is a marked crosswalk with a flashing lights and one of the very obvious ones. In 45 minutes they sent the decoy walker across 18 times and there were 6 violators so over 30 percent violation rate so we foresee an increase in enforcement there. We’ll be doing more of those details going forward. Mayor Laufenburger: Sergeant Bones the violators were the cars that failed to stop, is that correct? Sergeant Dustin Bones: That’s right. Mayor Laufenburger: Okay. Sergeant Dustin Bones: We set a cone up down the road 291 feet approximately and they need to react to the walker once they step off the curb and begin slowing so there were fail to yields. They did not slow down. The walker needed to retreat or rush across the road. Chanhassen City Council – May 29, 2018 9 Mayor Laufenburger: And what’s the action that you provide to those people that violated that? Is that a citation? Is that a warning? Sergeant Dustin Bones: We stopped and talked to 6, all 6 violators. One received a citation because of a compounding of other violations but typically we’re going to do education more than enforcement in those situations, unless they’re very egregious so. Mayor Laufenburger: Okay. Sergeant Dustin Bones: One citation was issue and 5 verbal warnings. Mayor Laufenburger: Okay. Sergeant Dustin Bones: And that concludes my report. I’ll stand for questions. Mayor Laufenburger: Alright, thank you Sergeant. Council members any questions for the Sergeant? Okay. Thank you Sergeant. Mr. Gerhardt please report to Mr. Kittelson that Sergeant Bones did an exemplary job this evening. Sergeant Dustin Bones: Thank you Mayor. PUBLIC HEARING: APPROVE ON-SALE INTOXICATING LIQUOR LICENSE FOR BONFIRE RESTAURANT COMPANY, LLC DBA AXEL’S. Mayor Laufenburger: Is this your’s Kate? Oh Chelsea. Todd Gerhardt: Chelsea’s stepping in. Chelsea Petersen: Thank you Mr. Mayor. We have an on-sale liquor license update application for Bonfire Restaurant Company, better known as Axel’s in town. They’re located at 560 West 78th Street. There is a change in ownership which is the purpose for the public hearing here tonight. There’s no change to the restaurant. There’s no change to the overall operations. Just to the ownership which is bringing them in compliance with their ordinances. We’ve done the background check on the 2 new owners as well as the general manager. No negative findings were produced on any of them. We have not received any comments into staff either so with that I can stand for questions and the applicant is present if there are any questions of them. Mayor Laufenburger: Okay, alright. First of all, council is there any questions for staff? Okay. And who’s with us tonight? What applicant? Is it Michael, Eric or Dean? Chelsea Petersen: Dean Marsh. Mayor Laufenburger: Dean would you like to address the council for any reason? Chanhassen City Council – May 29, 2018 10 Dean Marsh: Just I’m very excited to be a part of the community…what Axel’s provides the community for many years. Mayor Laufenburger: Alright, I’m not sure if you heard that Nann but very excited about being here and I think we’re excited to have them here too. With that I would like to, at this time open the public hearing. This does require a public hearing. If anybody is present in the council chambers that would like to speak regarding this particular, the issuing of this intoxicating liquor license, please do so at this time. There being none I will close the public hearing and bring it back to the council for consideration and action. Council any comments or action? Councilwoman Ryan: Mr. Mayor? Mayor Laufenburger: Councilmember Ryan, yes. Councilwoman Ryan: I’d like to make a motion. Mayor Laufenburger: Please do. Councilwoman Ryan: I’d like to make a motion that the City Council approves an on-sale intoxicating liquor license for Bonfire Restaurant Company, LLC doing business as Axel’s located at 560 West 78th Street. Mayor Laufenburger: Alright we have a valid motion. Is there a second? Councilman Campion: Second. Mayor Laufenburger: Thank you Mr. Campion. We have a motion and a second. Any comments from council? Just before we vote on this, I have heard some questions, people say well what’s happening to Axel’s so this is delightful to know that the only thing that’s happening is a change in ownership and management, is that correct Mr. Marsh? Right. So the citizens of this community enjoy and appreciate what Axel’s brings to this community and we hope that you continue to be successful. There being no further discussion. Councilwoman Ryan moved, Councilman Campion seconded that the City Council approves an on-sale intoxicating liquor license for Bonfire Restaurant Company, LLC doing business as Axel’s located at 560 West 78th Street. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Laufenburger: That concludes our business this evening. Thank you Mr. Marsh and we wish your entire team over there the best of luck. That concludes our formal business. COUNCIL PRESENTATIONS. Chanhassen City Council – May 29, 2018 11 Mayor Laufenburger: Any council presentations this evening? Oh Mr. McDonald, sure. Go ahead. Councilman McDonald: I just wanted to make note of the fact that you know yesterday was Memorial Day and I thought we had an excellent turnout and your speech was very uplifting and right to the point and I think everybody enjoyed it and I’m glad the weather held off for us. At least the rain. It got hot but at least the rain held off. Mayor Laufenburger: Yeah it was hot, hot, hot, no doubt about it. Just to elaborate on that. Mr. Hoffman you need to just convey our thanks to the park and recreation staff that did a wonderful job in preparing for that and this is to the Legion. Every year I’m just so impressed with the commitment that the American Legion makes to this Memorial Day celebration. They do ceremonies at all 3 cemeteries. Leach Cemetery, Pioneer Cemetery and also St. Hubert’s and each of those cemeteries they are reverent. They are filled with pomp and circumstance and I just want to say at this time I’m so impressed with Jim Schindler who manages the Honor Guard at the Legion and he’s been doing that for 47 years. What great service to this community that he has provided. And also, anyway it was, so Mr. Hoffman make sure that your park and rec staff hears those generally good comments too. Alright, anything else? Any other council presentations? ADMINISTRATIVE PRESENTATIONS. Mayor Laufenburger: Administrative presentations Mr. Gerhardt. Todd Gerhardt: I have one item. Council and department heads may have heard that Applebee’s has closed and there are no pending liquor applications or other interested parties that we’re aware of that it’s going to take over that space at this time. Applebee’s did not provide us any notice. Haven’t asked for reimbursement of their liquor license so we’re just sitting stat and waiting for their move. Mayor Laufenburger: Okay. Anything else Mr. Gerhardt? Todd Gerhardt: That’s it. CORRESPONDENCE DISCUSSION. Mayor Laufenburger: Council any comments on the correspondence package? Alright I just have one. Item number 2 Mr. Gerhardt and maybe this is to you Kate. This is the letter indicating to us the population estimate from the Met Council. Population estimate for Chanhassen is 25,955 people. 9,346 households. So my question is, does this estimated population, is this used by the City for any calculations of property tax or anything like that or how is this number utilized? Kate can you answer that? Chanhassen City Council – May 29, 2018 12 Kate Aanenson: Yeah, that’s a great question. Mayor Laufenburger: Yeah. Kate Aanenson: We have a section on the City’s website called demographics because often we have business people, or people who are interested in moving to the city who want to know a little bit about the characteristics. As you see on this as of April 1, 2017 the City does track building permits so we are adjusting our’s so we believe we’re probably right now a little closer to, a little over 26,200 or something like that so it’s really just information for people that are looking for how big the community is. Making decisions on whether or not to move here. Also as we talked about earlier in our discussion table about household is one of the concerns that we have. Persons per household. We look at that and what the make up of that is but no, it’s just as we project forward how big we’re going to be and where we’re at. Mayor Laufenburger: Do we use this information in talking about size of the city with the school districts that are in the city? Kate Aanenson: That’s correct. And actually we use it more towards vacant land and looking at what are persons per household. Whether it’s an apartment which would have less people than a single family home and assisting in those projections. Mayor Laufenburger: Okay. What about the signs at the entrance points to Chanhassen? Right now it’s reflecting the 2010 census, is that correct? Kate Aanenson: That’s usually when those are done. Mayor Laufenburger: Okay. Kate Aanenson: Is when, the decades so we won’t change that again until. Mayor Laufenburger: Can we go out with a Magic Marker and change them? Kate Aanenson: We could try. Mayor Laufenburger: Okay, alright. Thank you. Alright thank you very much. There being no other discussion on the correspondence, I’d entertain a motion to adjourn. Councilman McDonald moved, Councilwoman Tjornhom seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The City Council meeting was adjourned at 7:40 p.m. Submitted by Todd Gerhardt, City Manager Prepared by Nann Opheim CITY COUNCIL STAFF REPORT Monday, June 11, 2018 Subject Receive Planning Commission Minutes dated May 15, 2018 Section CONSENT AGENDA Item No: D.2. Prepared By Nann Opheim, City Recorder File No: N/A PROPOSED MOTION “The City Council receives Planning Commission minutes dated May 15, 2018.” Council approval requires a Simple Majority Vote of members present. ATTACHMENTS: Planning Commission Summary Minutes dated May 15, 2018 Planning Commission Verbatim Minutes dated May 15, 2018 CHANHASSEN PLANNING COMMISSION REGULAR MEETING SUMMARY MINUTES MAY 15, 2018 Chairman Aller called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Andrew Aller, Mark Undestad, Steve Weick, Nancy Madsen, John Tietz, Mark Randall, and Michael McGonagill STAFF PRESENT: Kate Aanenson, Community Development Director; MacKenzie Walters, Planner; and Vanessa Strong, Water Resources Coordinator PUBLIC PRESENT: Michael Jaquez 1210 Lake Lucy Road Bob Swanson 18435 Highway 55, Plymouth PUBLIC HEARINGS: CODE AMENDMENTS: BEEKEEPING. MacKenzie Walters presented the staff report on this item. Commissioner McGonagill asked for staff’s logic on not requiring fly away barriers, training and setback requirements, the impact of homeowners association rules, and liability issues. Commissioner Tietz asked if someone who is a beekeeper can sell hives and other materials for beekeepers. Commissioner Madsen asked if the City would keep a database of beekeepers in the city. Chairman Aller opened the public hearing. Jennifer Zbinden, 6460 Bretton Way discussed that she is an interested beekeeper and has taken the 16 hours of training from the University of Minnesota. She stated her supports the setback requirements but believes the half acre lot size is too big, and thinks that having one hive would be okay instead of requiring two hives. Mike Jacquez with the Minnesota Hobby Beekeepers Association discussed that the State of Minnesota requires that beekeepers obtain a Certificate from the University of Minnesota and the habitat needed for beekeeping. Chairman Aller closed the public hearing. After comments and discussion by commission members the following motion was made. Madsen moved, Randall seconded that the Planning Commission table the beekeeping code amendment to the next Planning Commission meeting. All voted in favor and the motion carried unanimously with a vote of 7 to 0. PERVIOUS PAVERS. MacKenzie Walters presented the staff report on this item. Commissioner McGonagill asked for clarification on increasing the impervious surface percentage by 5 percent if pervious pavers are used. Commissioner Tietz asked if the ICPI standards that staff cited in the report take into account soil types in Chanhassen. Chairman Aller opened the public hearing. Bob Swanson of Plymouth, being a paving stone contractor, Planning Commission Summary – May 15, 2018 2 discussed the technology and design standards associated with pervious paver systems that address stormwater management. Chairman Aller closed the public hearing. After comments and discussion by commission members the following motion was made. Undestad moved, Madsen seconded that the Chanhassen Planning Commission recommends the City Council adopt the attached ordinance amending Chapters 7 and 20 of the Chanhassen City Code concerning pervious pavement and ask that the City Council consider the concerns stated by planning commissioners. All voted in favor except Commissioners Weick, Tietz, and Randall who opposed. The motion carried with a vote of 4 to 3. BREWERY ORDINANCE. MacKenzie Walters presented the staff report on this item. Chairman Aller asked about the impact on licensing if existing restaurants, producers, sales, individuals, liquor stores would want to convert or add this type of service. Commissioners Madsen and McGonagill asked about requiring food service. Chairman Aller opened the public hearing. No one spoke and the public hearing was closed. After comments and discussion by commission members the following motion was made. Randall moved, Weick seconded that the Chanhassen Planning Commission recommends that the City Council adopt the attached ordinance amending Chapters 1, 4, 10 and 20 of the City Code regarding craft alcohol production. All voted in favor and the motion carried unanimously with a vote of 7 to 0. ADULT DAYCARE OI DISTRICT. MacKenzie Walters presented the staff report on this item. Commissioner Madsen asked about accessibility requirements. Chairman Aller opened the public hearing. No one spoke and the public hearing was closed. Madsen moved, Weick seconded that the Chanhassen Planning Commission recommends that the City Council adopt the attached ordinance amending Chapter 20 of the Chanhassen City Code concerning adult daycare. All voted in favor and the motion carried unanimously with a vote of 7 to 0. RETAIL PICKUP SIGNAGE. MacKenzie Walters presented the staff report on this item. Commissioner Tietz expressed concern with the recommended height of the proposed signage. After comments and discussion by commission members the following motion was made. Weick moved, Undestad seconded that the Chanhassen Planning Commission recommends that the City Council adopt the attached ordinance amending Chapters 1 and 20 of the City Code concerning signs. All voted in favor, except Commissioner Tietz who opposed and the motion carried with a vote of 6 to 1. APPROVAL OF MINUTES: Commissioner Randall approved the verbatim and summary Minutes of the Planning Commission meeting dated February 20, 2018 as presented, and the Planning Commission Summary – May 15, 2018 3 summary Minutes of the Planning Commission work session meeting dated April 3, 2018 as presented. COMMISSION PRESENTATIONS. None. ADMINISTRATIVE PRESENTATIONS. Kate Aanenson presented an update on actions taken by the City Council at their February 26, 2018, March 26, 2018 and April 23, 2018 meetings before discussing the future Planning Commission agenda items schedule. Undestad moved, Randall seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 7 to 0. The Planning Commission meeting was adjourned at 9:40 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim CHANHASSEN PLANNING COMMISSION REGULAR MEETING MAY 15, 2018 Chairman Aller called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Andrew Aller, Mark Undestad, Steve Weick, Nancy Madsen, John Tietz, Mark Randall, and Michael McGonagill STAFF PRESENT: Kate Aanenson, Community Development Director; MacKenzie Walters, Planner; and Vanessa Strong, Water Resources Coordinator PUBLIC PRESENT: Michael Jacquez 1210 Lake Lucy Road Bob Swanson 18435 Highway 55, Plymouth PUBLIC HEARINGS: CODE AMENDMENTS: BEEKEEPING. Walters: So I’ll be giving the presentation on these. I’m going to try to keep it reasonably short. I would encourage all the commissioners to ask any and all questions and we can go into as much depth as needed. We’re going to deal with each item individually if that’s okay because I believe we do have some members here to talk on the various items so we’ll do individual public hearings. With further adieu beekeeping. So staff has received a lot of calls from residents asking the City to re-examine it’s policy on beekeeping. Currently the city ordinance classifies bees as farm animals which means they’re restricted to lots of over 10 acres. Zoned for agricultural use and that they have to have a minimum of 100 foot separation between any beehives and nearby houses. The City found some excellent resources that the U of M had put out and then I did a survey of 89 different cities in the metropolitan region so we looked at that. Did some supplementary research and we felt that it would be potentially appropriate to allow honey bees on parcels of a half acre or larger and to place limits on hive density and then create general performance standards that would minimize the risk of the bees becoming a nuisance to surrounding properties. And the City’s goal was to balance the desire of homeowners to have bees with any potential negative impacts those could have on neighboring properties. Again we felt one of the keys was having a minimum lot size established and 25 minimum setbacks which would help the honey bees fly higher so they go over person height and have less chance of running into people or causing problems as they travel. So the table here is a breakdown we did of the 89 municipalities. One thing I’d like to call your attention to is that there’s a pretty even split between cities that are very hands off and allow bees either with a permit or no permit in almost every lot without too many restrictions. And communities that flat out forbid or do what Chanhassen does and limits them to agricultural properties. As I mentioned Chanhassen falls Chanhassen Planning Commission – May 15, 2018 2 here on the spectrum with 10 acre minimum lots and the 100 acre, ah 100 foot setback between houses. So one of the things we thought was very important was the 25 foot setback to cause the bees to gain elevation without requiring installation of fly away barriers. And then one of the reasons why we settled on the half acre lot size was because that can accommodate that 25 foot setback fairly comfortably. The other benefit to that is just allowing yes or no answers in terms of can someone have bees or not without having them to do all this math to determine whether or not they can meet different setback thresholds. Relative easy enforcement if we get complaints and one of the goals was to allow this without needing to require permits and regular inspections to make sure properties were in compliance. So that’s a rough outline of the ordinance and I’d be happy to entertain any questions you have. Aller: Well yes if an applicant wants to come forward but since the City’s the applicant here so we would go ahead. So Commissioner McGonagill. McGonagill: MacKenzie thank you. By the way the staff did a really good report on this. I appreciate all the detail you all put in. It really helped me a lot. I guess some of the questions that I had in your proposal. I noticed you didn’t require fly away barriers even though it had the setback. What was the logic behind that? Walters: Yeah so honey bees, my understanding from my research is they always take the path of least resistance to get between destinations. What I read was once you hit around 20 feet they naturally fly high to go over tree canopies and that means the fly away barrier isn’t necessary. It’s usually only recommended when they don’t have minimum setbacks of 20 or 25 feet and in that case then the 6 foot fly away barriers causes the bees immediately exiting the hive to fly up and to that canopy height. So with the 25 foot setback fly away barriers would basically be redundant was my understanding. McGonagill: Okay. May I continue Chairman? Aller: Yes. McGonagill: Okay. On the, I noticed in the application again that you didn’t, it was a general practice. It was not that you, for example the training. The 16 hours of training. That you didn’t have to show that you actually had taken it. It was just like this is recommended. This is what you have to do. So tell me the logic behind that. That an applicant would not have to show for sure I’ve done this, I’ve done this, I’ve done this. Walters: So we did that as a general performance standard. Again one of the big goals was to avoid having to have people pull permits for these. The only way for us to effectively verify training would be if we had a permit and application process for having bees. We wanted to do it more of a by rights thing where if you meet these standards you can do it. The way it’s structured is if let’s say we had a complaint about you know someone’s bees. Then I’d go out and perform a code inspection and that’s where I could say have you been trained and if the Chanhassen Planning Commission – May 15, 2018 3 answer is no, that’s something they could do to help abate the nuisance and get educated and they’d be in violation of the ordinance and we could use that as an enforcement action to compel them to move the bees or remove the bees but they wouldn’t have to preemptively register with the city. McGonagill: Okay thank you. Another question. One of the questions I had about lots that let’s say transact at a crossing pattern like on a corner where there’s 4 lots that come together in a corner. If they all did a 25 foot setback you would have maybe 8 colonies setting there. If everybody put bees in there and that kind of, have you all thought about that? What the impact would be. Walters: Yep that’s one of the reasons why they have the general density guidelines you know of 2 per lot. One of the thoughts with there is it prevents you from ending up with a super high population of bees because each lot’s only entitled to have those two. Yeah ultimately I don’t have enough ecological background to talk about whether or not you know 8 hives in that area would be too much or not enough. Those were the guidelines that I found from the Minnesota Hobby Beekeepers Association and we used those as a credible organization standards. McGonagill: Okay. I have two more. On the, and I really don’t know the rules on this. It’s more of an academic question. In a, let’s say you’re in a subdivision with a homeowner association. We grant this approval. Does the homeowner association rules still prevail? So they still are, they circumvent everything? Aanenson: Correct. McGonagill: Okay, that’s what I thought and then finally is the liability issue. It still falls on the homeowner with liability of anaphylactic shock or if the bees become a nuisance, they’re the ones that bear that burden in whatever insurance proceeds or whatever they needed, is that correct? Walters: Yep, that’s my understanding. McGonagill: So the City does not take on any liability here? Okay, thank you Mr. Chairman. Aller: Any additional questions? Tietz: I have a quick one. Aller: Commissioner Tietz. Tietz: MacKenzie, real quick. But the sale of product which is limited to honey or if someone gets into a home industry, could they sell hives and other materials for beekeepers? Chanhassen Planning Commission – May 15, 2018 4 Walters: So as we structured it they would have to meet the requirements of the City’s home occupation standards so that would mean they couldn’t use a garage. They couldn’t have any outdoor storage of materials for sale. We did put an exemption saying that you know the colonies themselves wouldn’t count against that because otherwise you couldn’t have them at all but it’d be governed the same as any other home or office occupation so if they could do it with no outward evidence that it was there, not using any accessory structures, in absolute theory perhaps. Most likely not without violating the general home occupation standards. Tietz: Okay. And just a clarification. I noticed on your chart that clearly, or nearly 25 percent of the communities don’t allow beekeeping. Are those all suburban communities and do you have any information on why they have elected or the issue just hasn’t come up with like it has here in Chan? Walters: I could not speak to the breakdown from suburban to urban. Unfortunately I don’t remember that well. My recollection from looking at the ordinances were, some of them had deliberately passed measures outlawing. A large number of them were similar to Chanhassen where it was prohibited because they were farm animals and no parcels in their community met that definition. Tietz: Thanks. Aller: Mr. Understand did you have any questions? Commissioner Madsen. Madsen: Will the City keep a database so that if a perspective homeowner wanted to move into the community and someone in their family might have a sever allergy that they wouldn’t, they could avoid purchasing a home right next to someone who keeps bees? Walters: Unfortunately because we’re not requiring permits we wouldn’t have that information. Madsen: Okay. Walters: I think the only way for us to get that consistently would be to require people to fill out an application in some sort of a permit as part of the process. Madsen: Okay. And my other question was, on the half acre lots are there any other cities near us that currently allow that and is there any historical information how that has gone for them? Walters: Unfortunately I just kind of did a metadata breakdown so I don’t know you know which of those two cities were the half acre ones or where they are in relation to us. I have not heard of major problems with cities that instituted these on half acres or smaller and I’m afraid that’s the best I could answer that. Chanhassen Planning Commission – May 15, 2018 5 Madsen: Okay. And is there any, going back to the first question. Is there any remedy if somebody does buy a home next to someone who keeps bees? Is there anyway that they could work that out with the bee people who have the bees? Be forced to give it up or does that homeowner have to just take other action. Walters: If they violated any of the general performance standards or the bees were able to be deemed a nuisance through other means, the City could take action. As it’s structured if the property owner you know met all the setbacks. Met all the requirements of the performance standards I do not believe the City would be able to take any action. Aanenson: No it’d be the same thing as any other nuisance that how we would address it. You try to mediate that but no. These are all the things that you know we want your input on as you’re making a decision because it’s a change. Again we’re trying to respond to requests and trying to not make it so onerous on staff to try to go out there and inspect all these where we’re not trained in that so we try to find that middle ground of what would be the appropriate lot size because we got questioned about that. That was still too big. We think that’s a perfect place to start so, and we looked at the number of lots that fell within that category. What percent we think would do it. So but those are all things for your consideration certainly as, we’re just responding to what were requests. A number of requests and so looking for your input. Madsen: Okay, thank you. Aanenson: Yep. Aller: Any additional questions at this time? Alright hearing none I’ll open the public hearing portion of this item and if anyone wishes to come forward, now is the time for you to come to the podium. State your name and address. Representational capacity if any and let us know what you think. Jennifer Zbinden: My name is Jennifer Zbinden. I live at 6460 Bretton Way in Chanhassen and I’m here to respond to the proposed beekeeping amendment. I’m an interested beekeeper. I’ve taken 16 hours of classes at the University which is an excellent requirement in my opinion because you really don’t know what you’re getting into until you take that class and it’s a lot more than I thought even. Still my interest remains, I’ve read a lot of books and also agree that the documents prepared were done really, really well. There was a lot of accurate information. The table I appreciate and it’s even something they show at the class. So I think all this was good. I agree with the setback. Your data on bee behavior is correct. They’ll go up given any barrier and they will take a straight line to their food sources so that’s great. I think the requirements to have water, to limit their urge to go find it in your neighbor’s pool or bird bath was excellent. Keeping it in a good condition. That’s a case for anything in anyone’s home in my opinion and then of course the University of Minnesota teaches beginning beekeepers to use certain kinds of bees that are gentle and to differentiate between honey bees and all the other yellow flying insects that we’re concerned about that cause discomfort so they do a really good Chanhassen Planning Commission – May 15, 2018 6 job of creating reality out of beekeeping. That you’re not really beekeeping. You’re a honey person and really you’re not solving for bee challenges. That’s a food source problem and a bee health issue and so anyone who’s taking it on should be interested in having honey and bees in their yard and observing all the things you put in the proposed ordinance. My only concern is the lot size that’s been discussed a little bit. Our lot happens to be just under half an acre and while I full subscribe to the setbacks I think it limits it to only 39 percent of the lots in Chanhassen with that measurement and I think observing the setbacks is the larger piece of information or piece of you know guidance to maintain a healthy distance with your neighbors and other things in your neighborhood and even on that chart you know there’s two that have a half acre and 20 that have none and I think that the setback is the overriding consideration. Some of our neighbors across the street have big lots over half an acre but they’re narrower so they would actually be closer to the neighboring home you know given the lot size so to me that’s something for the group to consider. Otherwise I think it’s great. Another piece of the ordinance is the two hives. I think also one is okay. There’s no magic in two if you want to be a beekeeper and you’re a beginner you’re going to start with one anyway and anyone above that is probably beyond the scope of this ordinance anyhow in my estimation and so that’s something else to consider to limit the number of bees is not having two available hives but one. With that thank you. Aller: Before you leave though since you’ve gone to your courses, is there anything that they discussed that we should know we should be aware of? If I was your neighbor what kind of conversation would you know with me about… Jennifer Zbinden: Yep, actually they start the class out with that because people have a natural fear of yellow flying insects so, and they recommend going to your neighbors and discussing that you’re intending to do it. Getting their feedback. Finding out if there’s a child or an adult with a severe real honey bee allergy. And also just letting them know you’re going to have them and maybe educate your neighbors about it. You know about the bee flying behavior. That was something I didn’t know before the class. And also just to share and be open and also if there’s a problem to solve it with your neighbors like you would any other problem. Barking dog or otherwise. And then the concerns I thought were accurately described in the ordinance of swarming and then passing through other people’s yards and those are real but if you are a trained beekeeper you’re made incredibly aware. Everyone’s afraid of having a swarm so if it happens you can collect the bees. You can kind of go with a brush and brush them off a tree into a 5 gallon pail so there are immediate remedies but that’s what I know. Aller: Thank you. Thank you sharing. Jennifer Zbinden: Thank you. Aller: Any additional questions? We have an additional question for you. You’re going to be our closet expert. We’re not going to let you go. Chanhassen Planning Commission – May 15, 2018 7 Randall: Jennifer can I ask you one more question you sit down? Jennifer Zbinden: Sure, I’m sorry. Randall: Do you have to do anything with your homeowners insurance? Do you have to get a special rider for having it be a hive? Jennifer Zbinden: Not that I’m aware of. Randall: Okay. Jennifer Zbinden: Yep. They didn’t bring that up at the class and they brought up all kinds of concerns. You know they’re really trying to get people through that class to avoid jumping into something and leaving some vacant and swarming hives on their land. Randall: Do you think having to get a permit through the City would be better than this approach? Jennifer Zbinden: I don’t know about better. I would be willing to go through that process because of my interest level. Randall: Okay. Jennifer Zbinden: Better or worst I’m neutral. Randall: Okay. Jennifer Zbinden: Yeah. McGonagill: Can I ask a question of Jennifer? Aller: Yes. McGonagill: Jennifer thank you. What happens if a lot of yards, we don’t have fences. You know kids are playing football or running through there. They run into a hive or a football hits it, what happens? Jennifer Zbinden: Yeah I mean that would be a safety issue like running in yards with other things like a dog that’s not safe too I would say and I think that’s part of talking to the neighbors that you have bees in there, including them sharing with their children. That you wouldn’t want to run into the hive. Aller: Now you’re off the hook. Chanhassen Planning Commission – May 15, 2018 8 Jennifer Zbinden: Okay. Aller: Thank you very much. Any additional individuals wishing to come forward and be put on the hot seat? Come on up. State your name and address. Your representational capacity and let us know what your thoughts are. Mike Jacquez: My name is Mike Jacquez. I’m with the Minnesota Hobby Beekeepers Association. I’ve been a beekeeper for 11 years. We pick up swarms and stuff. I picked one up behind the Goddard School over there a couple years ago. Lake Susan Drive. Waconia. St. Michaels. Savage. We’re looking for survivor stock is what we’re looking for and as far as beekeeping goes the State requires you need a certificate from the University of Minnesota. That is one of the requirements. As far as setbacks go, bees usually fly, they kind of twirl around and they take off and they go straight up. Joel Wasserman has a half acre. He’s 94 years old. A couple years ago he made the WCCO News when his hives were underwater and that was over on Colorado Avenue in St. Louis Park. He runs up to a dozen hives in his back yard. He’s down to one now. He’s 94. Aller: So having read the potential ordinance what are your thoughts on that? It sounds like you would suggest that we follow through and keep record of having a certificate of some sort. Mike Jacquez: Yeah the certificate is the main thing because then it shows that you have some qualifications and knowledge of what you’re doing but it’s not all there you know and having more than one hive is better than having one. The queen is the main factor when you raise a bee, if the queen dies it takes 41 days for them to start to cycle back up. The average hive contains 50,000 to 60,000 bees. Okay. Aller: That’s a lot of bees. Mike Jacquez: Yeah, a lot of bees. Most of them you know they just fly and as far as you’re worried about the lawns and stuff now, everybody’s got them sprayed so you don’t see any dandelions anymore so when you were a kid you used to run by and step on a honey bee it used to sting you. That bee weighs 2.4 grams so as far as that goes you have bees in your back yard. Minnesota Hygienics were raised in the city of Chanhassen. You have a bee research facility in the city of Chanhassen. As far as I know most of the ordinances are you know, he’s going through the book and he’s going through a textbook type class. Aller: Do you feel as though, and I certainly understand the benefit of being certified. Do you feel as though all the beekeepers out there are following those regulations? They’re getting certified and is there a need for some kind of enforcement check on them to make sure that they’re certified? Chanhassen Planning Commission – May 15, 2018 9 Mike Jacquez: Well the University of Minnesota has upgrading courses. We have a beekeeping every second Tuesday of the month and it used to be at Broadland Hall and now it’s moved down further. And then beekeeping classes are at the research facility at the Arboretum here in Chanhassen. Aller: Okay, thank you. Any additional questions? Commissioner Tietz. Commissioner Weick. Weick: That’s okay. That’s a compliment, thank you. Can you comment on the number of colonies per acre and specifically if you go below a half an acre is there, can you just speak to that? Mike Jacquez: Okay. Well as far as agricultural goes we’re talking about agricultural bees. Agricultural bees are usually delivered on flatbed trucks. There’s usually about 220 colonies on a flatbed truck. They’re put on 4 by 4 pallets. They have a boom or forklift style device that picks them up and moves them. Those are moved out all the way down to the state of Texas for the winter pollination of various crops and then they end up in the almond groves. There is a commercial beekeeper out in Winsted, Minnesota. He’s right next to the high school down there and he does have bee equipment in his back yard. So the agricultural rating for what you’re talking about would be agricultural would be anywhere from let’s say 200 hives to 25,000 hives. Colonies. So I sent a questionnaire off to the USDA about that trying to get it not so it’s rated as a farm animal but it’s a hobby beekeeper where you’re basically keeping colonies in your back yard. Aller: Any additional questions? Thank you sir. Appreciate your time. Any additional individuals wishing to come forward on this particular item? Seeing no one come forward I’ll close the public hearing and open it up for commissioner discussion. Weick: I’d like us to consider adding a, potentially adding a threshold below a half an acre. I don’t know if that’s feasible or not but from what I’ve heard tonight I don’t get the sense that, you know if you had .35 to .49 and you could have one colony. I don’t think I’ve heard anything that would make that any more dangerous than two colonies on a half acre. Personally. And it sounds like there’s situations within the city where hobbyist would benefit from slightly more lenient acreage requirements. Tietz: Steve were they, if that were not the case would we have to deal with variances then for someone like this family? Weick: Well it doesn’t sound like we have, is a variance something you’d. Tietz: Well but would you, if you wanted to have it and you didn’t have a half acre then there has to be a procedure to allow someone to come in or present a case for having and you know we don’t want to make this onerous that you keep coming back for variances on keeping bees so I’m kind of supporting your presentation but also if we didn’t do that, if we didn’t lower the standard Chanhassen Planning Commission – May 15, 2018 10 or lot size then I think we’re going to be faced with folks who want. It’s not an inexpensive hobby to get into so it’s not something you just decide to do and I’ll try it for the summer and have some fun. We have some very good friends and they’ve had colony collapse about the last 5 years so every year it’s rebuilding their whole, you know their whole hive system so you know it’s fun but it’s not inexpensive so I think we should be looking at folks who are getting into this, it’s a hobby but it’s also, it’s an investment and you know whether, that’s kind of aside from the lot size but I agree with you Steve. I think we should be a little bit more flexible. Aller: Any other general thoughts? McGonagill: I guess I love pollinators. I’ve changed the way I take care of my yard. Planting stuff for monarchs and I’ve done all that and changed what I put on the yard because of that. And I have a lot of gardening and I love bees because that’s how I get my squash and my tomatoes so let’s be honest I really like them. However being said that they’re a transient animal and whether beneficial they’re not harmless and Chanhassen particular with the way our lots are laid out, the fact that lots aren’t, some lots. Not all are defined by fences. A lot of them are just wide open. I know in my subdivision they are but I’m concerned about it. I just don’t, you know I have a standard that two things. As we develop stuff is do no harm and be a good neighbor and what these folks here tonight talked about that fact, being good neighbors. I agree with that and doing no harm so I have a hard time actually putting them in residential areas. I would have to say my thoughts are to keep the code as it is because of that because I do believe they are an agricultural animal, to use that term and the proximity to particularly this city who has a lot of children that run around and dogs and everybody going through in back yards, I just can see, I see issues coming with that and I wish there was options like, you know some areas have community gardens. I wish there was a community beekeeping area where people could practice the hobby. You know provide something. I was thinking today could we, some wetland area. Someplace like that where we could allow the community the opportunity to practice their craft. However in an area away from the residential areas. I wouldn’t want them in my, I have looked at putting in my own back yard and I’ve had to decide would not because of the exposure to my neighbors and the small kids I can see running through my back yard so I would have to say that’s my thoughts on it Chairman. Aller: Okay, thank you. Weick: Can I follow up? Aller: Commissioner Weick. Weick: So when you say keep the code as it is you would be suggesting that we not adopt this at all? McGonagill: That’s correct. Chanhassen Planning Commission – May 15, 2018 11 Weick: Okay. I just want to be clear on that. And I would only offer respectfully another side to that. That I really appreciate your concerns as well but as your neighbor, and I would hope your bees find food in my yard because. McGonagill: Mine too. Weick: I think it’d be great. So yeah I think responsibly done I think it’s a nice addition you know ecologically to our community. Aller: I guess I’d like to strike a balance here because I can understand the concern about not only are bees potentially transient but my kids were certainly transient when they were young so my concern would be them going and finding the bees but that being said I’m wondering whether or not as a neighbor, whether or not there’s notice and to require maybe it is a situation where we should suggest a permitting process be gone through so that we can maintain records on where to locate and make sure that there’s proper education and the neighbors are aware by going through that permit process they can supply, you know one of the things could be a checklist to my neighbor’s been notified. Boom. And we can check the setback because the setback seems to be, you know we have so many different lot sizes. When we’re talking acreage it’s not the same as the setback itself as has been pointed out so I agree with that but I’m wondering in order to strike that balance there and allow people to do this, not being inexpensive I think the burden of having a permit in this kind of situation where it’s few and far between but it’s part of that process is something that’s justified. And then I don’t know what kind of burden. I guess my next request would be what kind of information do we need from the City or who do you feel as though code enforcement for that permitting process would cost. Aanenson: Well I think there might be code enforcement whether we had a permit or not because we would, how we manage things in the city right now is complaint basis. Someone, a neighbor would complain whether it’s illegally parked car or a dog at large so we can set up a permit. We talked about that internally whether we wanted to do that and I guess we just have to see how many we would get and manage that but we do think internally we could manage that part right now. But I would say too I think some of the things I heard you saying as part of that permit, which we’ve kind of thought a little bit about, we’d also maybe that might be somewhere where you might want to say as part of the permit you notify your neighbors. That’s what I hear one of the things that’s important to you too and we would check the setbacks and all that and then wrap within that we’d, if that’s the way you were leaning and what I thought you were kind of going towards too is working towards that certification or at least take some classes. Aller: Right and it sounds to me from the experts that have been to classes themselves or had great deal of experience with bees, other then myself who step on them by accident, and that certification would go a long way in alleviating the health and safety concerns that have been addressed. Aanenson: So I think we would check, just to differentiate between classes and certification so. Chanhassen Planning Commission – May 15, 2018 12 Strong: May I add something? Aller: So we’re going to, oh yes. Strong: Just interestingly since…it happens to be relevant. I very much like you with a concern but very pro-pollinator. My son was 3. He started a preschool supported by the school district. That preschool is actually keeps the bees on that property and they also have a garden and they have an outdoor play area so my son for the last 2 years has played within just a few feet of several hives and they do very, a lot of hive interaction and we are talking many, many preschool aged children from ages 3 to 5. And in the history of this preschool they’ve not had attacks or problems with children getting harmed and we are talking many small wild children running through these areas just closer than I am to MacKenzie and I only bring that up because I was very much like you. I was cautious and nervous when I first heard that but it has been a different experience. Honey bee behavior is different than other insects. My background isn’t entomology but I don’t have specific experience with honey bees but I do know that. I just wanted to share that because it seemed relevant. Aller: It is. I appreciate it. McGonagill: It’s very relevant and I appreciate that. I guess full disclosure my background is, and some of the work I did we ran across in south Texas the bad bees and some of our workers got in trouble with them so I am…thank you. Aller: Well we don’t allow bad bees in Chanhassen. McGonagill: There you go. Aller: Any additional thoughts? Concerns. Any recommendations? Yes Commissioner Madsen. Madsen: I just want to clarify that if we do move forward with a recommendation that it would follow the table so the lot size if it were a half acre could have 4 colonies. Is that correct? Walters: So the table in the body of the report was a sample table. What the City had been proposing was a half acre to one acre would be allowed 2 colonies. One acre to 2 ½ acres 4 colonies. 2 ½ to 10 acres, 8 colonies and 10 plus we wouldn’t limit. Madsen: Okay so that’s listed later. Walters: Yep. That’s, sorry that’s buried in the actual text of the code amendment. I think I may have typed it out but now that I think about the way I presented it I can definitely see why you picked up on that table instead of the text. Chanhassen Planning Commission – May 15, 2018 13 Aller: It’s page 8. Madsen: Okay, thank you. So it would be a fewer number of hives for those lot sizes than that table? Walters: Yep. Madsen: Or colonies, excuse me. Aller: And then when we have unlimited is there any, well they would still have to comply with commercial use limitations should that be a factor. Walters: Yes. Weick: I would only say that if we’re leaning towards permitting and requiring certification I still would, I don’t know why a half acre is special. I don’t see why that’s significant compared to how, from what I understand bees act. And they could still act that way in their flight in smaller lots. I don’t know why we would stop at a half acre. I would like to see us pick a number, some number less than a half acre to potentially have less than 2 colonies. That’d be my only, I think especially if we’re going to have people taking classes and being certified and submitting for a permit to meet all of those things. Aller: Do we have a magic number on that? Walters: Honestly there isn’t a magic number. The closest thing I could find to like a hard number was that 20-25 foot setback area. I went on kind of the higher side. Staff picked the higher number because we wanted to insure a good amount of buffer space between neighboring properties to minimize the chances for a nuisance but ultimately that’s purely a policy and judgment call and if the commission feels smaller acreage is appropriate more than open to it. Tietz: Maybe Mike. Is it Mike? Mike Jacquez: Yes. Tietz: Could you come back and comment on that please. Aller: And for the record we’re re-opening the public hearing. Tietz: Sorry. Mike Jacquez: And when did you ban bees in the city of Chanhassen? What year? Chanhassen Planning Commission – May 15, 2018 14 Walters: I don’t believe there was ever a deliberate decision to ban them. I believe they were just defined as a farm animal and treated that way. They are allowed at that. Mike Jacquez: Okay. Aller: So I guess our question is in your experience and in your knowledge is there an acreage that you would think would be too small to have bees? Mike Jacquez: No. No I don’t think there is. I think mainly what we’ve done was just put a fence around the colonies and put up a sign that says you know, keep out bees or whatever. That’s about it. They usually fly on their own routine. They don’t usually go after people for any set reason. Not unless you’re aggravating them. Like Mike said down there in Texas those were Africanized bees. Aller: Just out of curiosity, when we talk, because I’m a neophyte in this area. Would there be an opportunity for an individual to consolidate a bee hive or structure with their property? Is there a setback that should be between the bees and the residence? Mike Jacquez: Not that I’m aware of. Some people them in their house. If they have a window with the glass window. Aller: The spare bedroom becomes the bee. Mike Jacquez: They have a regular type of glass window you can observe them but you could probably put down at the library if you wanted to. As far as that goes. Weick: I’m all for it. Aller: We can have an aquarium on one side. Mike Jacquez: In Britain they keep them along the side of the houses and they just put boards out in front of them you know. Aller: Interesting. Mike Jacquez: Alright so bees were never banned? Aller: No. Not that I’m aware of. Walters: No if you have 10 acres or more you can have bees in Chanhassen right now under the ordinance. Mike Jacquez: Okay and how long was that ordinance enforced? Chanhassen Planning Commission – May 15, 2018 15 Walters: I’m afraid I’m not certain when it was passed or when it was structured as it is. Aller: A number of years. Mike Jacquez: You have no idea? Aanenson: Yes Chairman, if the question is have we permitted bees. Yes we’ve always permitted bees if that’s the question. Aller: Yeah I don’t think they were ever banned under the ordinance so. Aanenson: All we’re trying to do with this is to allow. Aller: Smaller size. Aanenson: Smaller size to allow more people that want to do it on non-agricultural properties, the opportunity to do beekeeping. Mike Jacquez: One thing else is they fly in a 5 mile radius. So that’s what you need to know. If they’re flying they’re going to fly in 5 miles. Aller: Great, thank you. Randall: Is the public hearing still open? Aller: Yeah, still open. You want to call somebody… Randall: The only question I had really is, can they have one colony or do you have to have two or could you go like under a half acre and say as long as they meet the setbacks could they have one colony at their house? Does that make sense? McGonagill: Can one colony survive, is that what your question is? Randall: Yeah. Aller: Yeah I think the reason to have two was in case one queen die you still have an operating colony and you don’t have to restart so it’s like dual gas tanks. Randall: I got you. Aller: That’s my understanding. Chanhassen Planning Commission – May 15, 2018 16 Randall: Because I thought Jennifer brought up that we could have, you could have one. Is that correct? Could you have one colony. Jennifer Zbinden: Having doing one the risk is you have none then yeah. Randall: Gotch ya. Aller: Okay so I’m going to again close the public hearing and we’ll go back to our discussion and to Commissioner Weick’s comments. That’s one of the things that I was bringing up as kind of a for my mind I would feel better about permitting if we’re going to go under the .5 and we’re going to experiment with this closer and now that we’ve done more investigation and I’ve found that I can turn my spare bedroom into one, I’m more comfortable with less than .5 acres but I do understand the setbacks should be at that 25 and then that other point that was just raised is the 5 mile radius so if that plays into anyone’s. Weick: And someone could apply for a variance right? Is that correct? If you have .4 acres and you wanted colonies could you petition to do it anyway or, how do we procedurally handle that? Aller: I would think that it would have to come before us as a variance because it’s a use that’s not allowed by. Weick: I’m just trying to. Aller: A use that’s not allowed and if there was a beekeeper out there that we’re unaware of today and it goes into effect then it would be considered a non-conforming use. Aanenson: Yeah the variance would have to be from the standard. Not from the use. Aller: Oh I’m sorry, yeah. Aanenson: Yeah, yeah. Weick: What do you mean by that? Aanenson: Well first of it has to be permitted. Just like someone in the city can’t say I want to put a horse on my twin home lot because horses aren’t permitted in that district. Weick: Oh yeah, I see. Aanenson: So if you could have bees but you don’t have enough acreage so I’m just trying to figure out. I’m not really. Weick: So you could petition that. So if we pass this and said it’s a half acre and above. Chanhassen Planning Commission – May 15, 2018 17 Aanenson: I’m not sure on that. Weick: Okay. I’m just trying to get out of changing the number. Aanenson: Yeah. So there’s two ways to handle that. We could research if you want to vote for it or you could table this and we can come back and provide some additional information. Maybe restructure some of the ordinance things. Aller: I’d go ahead and restructure it if we’re not in a hurry. When could we get it back on? Aanenson: We could probably turn it around at the, just continue it for the next meeting. I think we can turn it around. Walters: Just so I’m understanding right. The Planning Commission is interested in structuring with a permit. Potentially allowing at smaller lot sizes than one half acre and potentially having notification and certification requirement added to the, as part of the permit. Aller: Does that adequately summarize things for everybody? Walters: Yeah I can, I believe I can get that done by the next meeting if that’s the direction we receive. Tietz: Notification or consultation with the neighbors? Walters: Notification yep. Aanenson: That’d be part of the permit. The other thing we can do is go through our GIS system and show the differential between half acre lots, third acre lots and then we could show you what that number would be. How many, how many additional properties that would be. Weick: Yeah I don’t know enough to. Aanenson: And whether or not you can get a variance without that so it gives you the two choices of how to handle that process. Tietz: So does Vanessa’s daycare have to close because it’s probably on about a tenth of an acre? Strong: It’s not in this city. Chanhassen Planning Commission – May 15, 2018 18 Tietz: Well I mean that’s the point. I mean we’ve got a daycare center that has a very limited parcel of land in a, maybe it’s associated with a church or associated with a neighborhood yet they have a hive with preschool children so it seems like we’re spending a lot of time on… Aller: Well that’s why I say…much more comfortable with it. Tietz: Pardon? Aller: I’m much more comfortable with it but I’m really not comfortable with not having the ability for a neighbor or a person to come in and say I know where these hives are and that way we’ve got that information accessible to a home buyer or a home seller saying this is a disclosure and if it means something. Tietz: Well even as Mike said if there’s fencing around the hive, if you have a hive sitting in the middle of your garden that’s one thing. If you have that area modestly fenced, it’s delineating a zone that’s, you’re at risk. If you are concerned but I don’t, it doesn’t sound like there’s much concern. Madsen: So are we considering the half acre and greater or are we considering the less than half acre? Aanenson: We’re bringing both options to you so you’re not forced to pick either one right now. We’re getting you more information so you can kind of pick. Madsen: Okay. Aanenson: Pick and choose and we’re also structuring how we think the permit would look and you can add to or take from that too. Madsen: Okay. Undestad: So there is a potential that the more limiting factor would be the 25 foot setback rather than the lot size. Aanenson: That’s what we’re hearing, yes. Madsen: But the permit would be required and notification to neighbors. Aanenson: We’ll bring you back a sample of how that would look. Madsen: Okay. Chanhassen Planning Commission – May 15, 2018 19 Aanenson: Yep so you can add to or take from that also so I that gives us, everybody more confidence as we move forward in this. Madsen: Okay. Aller: Alright would somebody like to make. McGonagill: At the very least I think we would have to have some process for the neighbors. Permitting in there that runs through that. For example if you have a child, somebody next door. If that moves into that direction then I think at the very minimum you’ve got to have that. Aanenson: Yeah, we’ll put that in there. McGonagill: Not just best efforts but actually certification. Aanenson: Yeah or just, yeah. Aller: So would someone like to make a motion to table to the next meeting? Madsen: I make a motion to table this until the next meeting. Randall: Second. Aller: Having a motion and a second, any further discussion? Madsen moved, Randall seconded that the Planning Commission table the beekeeping code amendment to the next Planning Commission meeting. All voted in favor and the motion carried unanimously with a vote of 7 to 0. Aanenson: Chairman if I may too anybody that’s tracking this item, that staff report will be out so they can get a copy of the staff report before the meeting so if they have questions or that’s available. Aller: Concerned individuals. Stay tuned and for those of you at home that are watching it is available, as are all our reports on the City’s website so please follow all of our matters. And with that we’ll move onto code amendment number two. PERVIOUS PAVERS. Walters: Yep so just a little bit of background. We first discussed impervious surfaces and pervious pavers last year. Staff was asked to look into ways to provide residents with some flexibility when they live at properties that are built at or above their maximum lot coverage. Finding ways besides the variance process so we could take advantage of new technologies to Chanhassen Planning Commission – May 15, 2018 20 allow them to make improvements on their properties. Staff had initially been asked to table the proposal on this. Do some more research and to move forward with a definitions only amendment redefining how we treated impervious surface. Defining what pervious pavement was and so that came and was passed I believe December, I want to say 19th but December of last year we amended the City’s definitions and streamlined our terminology with regards to the terms impervious pavers. I’m sorry impervious surfaces, pervious pavement and lot coverage. And so this is us coming back with additional research on ways that pervious pavement might be allowable within our ordinance and we’ll take it from there. So again the main thing staff looked at is what is the issue we’re trying to address with this and the issue is homeowners who have bought properties that are at their lot coverage limit and are unable to do you know small basic improvements like installing a patio or a shed because of that lot coverage and traditionally they have to go through the variance process. We were looking at new technologies like pervious pavements and asking if there’s a way we can utilize these to provide some flexibility. Now lot coverage is impacts storm water. It also impacts land use intensity and it impacts neighborhood aesthetics so staff’s goal is we investigated how these technologies could be used was to balance these 3 and find a way to provide some relief for residents without causing significant issues on either the stormwater or land use intensity fronts or disrupting neighborhood aesthetics. Staff’s proposed solution would be for property zoned residential single family located outside of the shoreland management districts to be allowed an additional 5 percent lot coverage that took the form of pervious pavements. Staff would propose having these systems required to meet specific design standards which would be established by our engineering department and reviewed by the engineering department. Making sure they were installed by certified installers and recording maintenance agreements against a property to insure these technologies and systems were properly maintained. We felt this struck the best balance of allowing residential flexibility while avoiding potential negative impacts. So this is a graphic we put together and this shows what parts of the city would potentially be able to benefit if this ordinance was passed. The areas in yellow, not in the gray are the areas that are zoned residential single family that are outside of the shoreland overlay. That’s about I believe about 45 percent of the city. Sorry just checking my numbers. Yep 45 percent of the residential single family lots are located outside of the shoreland so those are the properties that could benefit from that 5 percent extra. And we did some different tables in the report that broke down why we felt this was appropriate and where we felt it could do, you know was the most likely to have the highest impact in the city and we felt the residential single family district were the ones that tended to have the, they tend to be the older properties that due to just generations of homeowners have been built up at or above their lot coverage. Sometimes due to changing ordinance. They tend to have the tightest yard constraints because of their minimum lot size and these were the ones that we felt were the best candidate for getting some relief under this ordinance. I’d be happy to answer any questions you have or go into more depth on any portion of this. Aller: Having read the report any questions at this time of staff? McGonagill: Yeah one. Chanhassen Planning Commission – May 15, 2018 21 Aller: Commissioner McGonagill. McGonagill: MacKenzie again good report. Thank you for that. One of the questions I had, I wanted to be sure understood how this would work. On page 3 of the document you provided to us, as I read through this what you described to me was to use pervious pavers, what I call lifestyle improvements. A patio. A shed. Etcetera. But on page 3, the bottom paragraph you brought up a concern that utilized this to put in pervious paver driveways if builders could possibly do that and that then would again limit what future homeowners could do. And I guess if that were the case would that not increase what I’m using the term density. The size of the house could be bigger. That the density of the lot, the house density, size could actually be larger by the use of a pervious paver driveway. Did I read that correct? Walters: Yeah absolutely. That’s one of the concerns staff had and has been brought up with this is you know if I buy a new lot and I’m told you have 25 percent lot coverage impervious. 5 percent pervious. I can replace something that’s traditionally impervious like my driveway and add that square footage onto my house and build my house up to 29.9 percent lot coverage and you’re in the same position we are at now only with 5 percent higher lot coverage. McGonagill: Okay, so there is, density would go up in a sense. Aanenson: Well we would call it massing or hard cover, yeah. McGonagill: Okay, okay. With, another question on that. Is the, on the maintenance agreement how does that get passed along homeowner to homeowner? After purchase to purchase to purchase, how would that happen? Walters: It would be recorded with the County and I’ll defer to the Water Resources Coordinator who has a lot more experience with these things for any additional comments on that. Strong: Thank you. So we get this question a lot. People are looking to purchase a home or they have just purchased a home and I would say a vast majority of purchasers get most of the documents that have been recorded against their property but I always recommend they do a title search because that will pull this document as well as anything else so that’s the best way to go about doing it and I would again say most people actually do that. And then again just in point of clarification, somebody could in fact do their entire driveway as a pervious paver driveway which I would applaud. They just can’t have a house bigger than 25 percent impervious so again but we’re not limiting them to. McGonagill: But according to code they could. Strong: We’re not limiting them to only a 25 percent. We’re not limiting them to only 5 percent pervious. We’re just saying that you get an extra 5 percent you can’t make that impervious so. Chanhassen Planning Commission – May 15, 2018 22 McGonagill: Well no that’s not the way I read it. Maybe I’m wrong. I read it it could go to 29.9 percent impervious. Or whatever. I mean the house could be bigger. I mean this is. Walters: Yeah in theory by substituting impervious surface for pervious surface you could have more impervious. More total lot coverage than you’d currently be allowed under the code. McGonagill: Okay. Strong: Yeah MacKenzie does a very good job of explaining this. As a stormwater professional myself I look at it through a very different lens and it’s very simplified and MacKenzie does a very good job of layering all these different relevant factors but we have the same recordable maintenance agreements already for residential rain gardens and such that we put in. It would be a similar agreement so, and we do already allow pervious pavers for commercial industrial so they are within the city for those uses. This is specifically now to allow homeowners to use them as well. Tietz: MacKenzie? Aller: Commissioner Tietz. Tietz: I know you stated in the document, and rightly so that you know I think our developers in our community have done a reasonable job of maxing every site which really puts the homeowner in a situation of having to come and ask for a variance for almost anything they do, which is kind of unfortunate because you don’t understand that when you buy a home that it’s already maxed out but when you have the ICPI standards established or apparently you’re citing them as a standard for the design, I’m assuming that that’s an industry, concrete industry standard kind of applied nationwide. It doesn’t really address or deal with our soil properties have been significantly modified. Contractors pay no attention to putting soils back in any kind of condition. They’re so severely compacted. Does this national standard address or try to address or do we need to even consider addressing our soil conditions and the conditions after construction? Walters: So again I believe Water Resources Coordinator Strong is the best person to discuss this but the engineering department. Tietz: Okay Vanessa. Strong: It’s a great question. No we’ve gone back and forth over this so one of the other things that I looked into was specifically that, our soils because we are unique here. We have a lot of C and D soils. We have a lot of compacted soils so how do we make this scientifically proven technology work here so in addition to the ICPI standards we said we have also city specs and details which we will have designed as well as they need to follow and one of them is soil ripping to make sure that decompaction occurs. Another one is the treatment of the first .55 Chanhassen Planning Commission – May 15, 2018 23 inches of runoff for the treatment area to insure that all water quality is addressed. Quantity and quality so I literally did the same thing you did so really glad that you asked the question. Tietz: So there’s no way of pre-testing a design to know if it’s even effective when it’s installed. Strong: If they follow the standards. Tietz: It should be. Strong: I see very few that don’t. Tietz: You know it’s not again I talked about bees before on being costly. This is an extremely expensive installation. It’s not like running out to Patio Town and buying some concrete pavers and putting them down over sand. I mean the detail that’s required is, Mark knows. It’s extremely expensive to install so I guess you’d better do it right the first time because it’s not something you want to go back and redo when you’re trying to maintain it 5 years later. Strong: That was another reason why we lean towards pavers to start with rather than a pavement, an asphalt or a concrete because pavers you can at least remove sections and readdress sections that failed. At least for our pilot test rollout here. Aller: And we’re looking at replacing that topsoil in our new standards as well right? Strong: Right. And decompaction as well. Aller: Any additional questions at this time? Hearing none we’ll go to the public hearing on this particular item and open it up for an individual in the audience who wishes to speak either for or against the item before us which is a motion on pervious pavers. Come on up. State your name and address for the record sir. Bob Swanson: Bob Swanson, Plymouth. I’m a paving stone contractor and I’ve been very interested in the technology as it has developed and I spent 3 ½ years of my free time on the minimum impact design standards that was brought to us via the legislation asked us to bring all the different entities together to get on the same page and get a science based technology put together and put it into a form that it is measurable and in a form that we can move forward as far as stormwater management goes and so it started to take a little different look than what you’re doing here in the city right now as far as we’re measuring everything by hard cover or impervious surfaces. The technology out there is designed to take a look at stormwater management which is a little bit different than what we’re approaching here tonight. Impervious and pervious surfaces are everywhere. We talked about the heavy C and D soils here and we’re not getting impermeable action out of those type of soils. We’re getting heavy runoff. No different than when it was in a native condition so we come along with some technology that’s a little bit different. People have a lot of questions about it and I understand those questions but Chanhassen Planning Commission – May 15, 2018 24 when it deals with stormwater management and I hear that we’re going to maybe get 5 percent additional credit on any given residential property I’m blown away. These systems work. They slow the water down. They clean the water. I have all the statistics on what type of nutrients they remove from the water if we’re not getting infiltration. We have found a system that’s beaten Mother Nature at her own game and we’re not seeming to get to the point of where we’re encouraging our constituents. We’re more worried about what our, what are they getting away with. They can build a bigger house. They can build a bigger driveway and I’m looking at it and saying stormwater management. To limit hard cover surfaces in my opinion is not stormwater management. It’s a form of measurement and measurement only so if we got a condition that we’re not getting infiltration today and we’ve got 100 percent runoff what are we going to do to mitigate it? And if we aren’t using the science based measurable tools that are available to us I’m disappointed. I’ve given a lot of time to this. I’m compassionate about it. I’m a sportsman. I live here in the state of Minnesota my whole life. I’m interested in water quality. I’m not interested in worrying about how big the house got. We can make this building go away with good stormwater management and yet we’re sitting here worried about percentages and that’s my message today. I came in here over the last several years. Talked to the fellow that’s over at the watershed district right now and he was very in favor of this. He says we’re going to get it done here in Chanhassen. Then Paul I think took his position for a while. I come over and talk to Paul and Paul says I’m onboard. I love the technology. I’m tired though of the guys coming from Southview Landscape Company with their little pamphlets saying we’re going to put permeable pavers in so what have we done as an industry. We have gone out and we started certification courses so that we get certified people. Our industry is ready to step to the plate and pay for permits if you’re worried about expenditures. We want these products to succeed and we want clean water. We are willing to step to the plate and pay for that. I want to be inspected. I want them to be put in right. I want to get paid for them and I want the outcome at the end of the day to be positive. Five percent isn’t get it done fellas. This, and ladies, excuse me. These systems work. We’re coming out with cleaner water today than we ever have and you guys need to help lead us down that path. I had a whole thing all prepared here and I’m not certain exactly where the City stands on permeable pavers. When I got to the end of the ordinance today I had some questions thinking that maybe I don’t have to speak tonight and it says under the building regulations. Chanhassen city code. Minnesota ordains and at the bottom it says however, when built to the standards espoused in this section they do not constitute impervious surface. So that led me to believe that the council or the commission here believes in the system. That’s positive. Where I get the disconnect then is where does the 5 percent arbitrarily come into this? I don’t think the 5 percent is any different than the 25 percent. The 25 percent to me means absolutely nothing. Did we go out? Is it bedrock? Is it pure sand? What type of soils do we have? What were the native conditions of this particular piece of property? We talk about 25 percent. I think the DNR came up with that percent in a cigar smoke filled room one afternoon and said that’s it. We’ve agreed on it. Is a half acre, an acre, two acres appropriate for the bees? We’re kind of guessing so the 25 percent to me never has meant anything. It doesn’t say anything about, it doesn’t tell me about stormwater management. It’s telling me about a measurement of runoff. Potential runoff but when I can put technology in place today to mitigate that, and nobody seems to want to recognize it, we’re so worried about here comes the McMansion and what are they Chanhassen Planning Commission – May 15, 2018 25 going to get away with now that we’ve given them a credit and I disagree with that. As leaders we have an opportunity structurally and non-structurally to start, to educate people in really where are we going. Water will make oil look silly someday and if we don’t start addressing it now and utilizing the tools in place then shame on us. We worry about this wormhole that we’re going down here in the city. It sounds like there’s a lot of anxiety about this next generation. The next homeowner is being locked into something that was already put there and now I want to make an improvement and I’ve got to go for a variance and oh my god, now before you know it we’ll arbitrarily throw another 5 percent at it to keep the people happy. Stormwater credits will mitigate that out you will take that anxiety out of the table. You’ll have a proven way to do it. Minimum impact design standard is a wonderful tool. The constituents. Everybody was at the table. We were there. We got the best science in front of us today. It is available. I encourage you to look at it. I encourage you to relook at this 5 percent as being arbitrary. I think you’ve got to take a bigger step. I think there’s a lot more work to do here. Aller: Thank you. Bob Swanson: Any questions? Aller: Any questions? Bob Swanson: I apologize. I can answer a lot of questions. I’ve got stuff here to talk about. I know what your concerns are. Are they going to clog? The bioactivity in it and the research we have and my personal visits to these different sites, the bioactivity in there eats the organic matter that ends up in the joints. The most we’ve ever found is half inch to an inch of organic matter. The remaining of that profile or the filter as I will call it is gone. It’s clean as a whistle. You would be amazed at the rates that we’re still getting with what we thought were clogged and what percentage of any given project is clogged. Are we saying these don’t work. 100 percent of it is clogged and we will never have any infiltration. The data is out there to deny that. It’s proven. It’s science based. Any other of your concerns I’d be more than happy to address. I’m sorry I missed the work day. I understand there was a work day on this and I apologize I wasn’t informed. I would have been more than happy to be there to answer questions on this. Several of your constituents have talked to me about this in the past. Are very encouraged that the City is going to maybe start to look at it a little bit differently and so my quest tonight was just to give some awareness. I wouldn’t mind keeping you guys individually abreast of the technology and some of my thoughts and opinions on this because this is an opportunity. And so I’m encouraging you to be a leader. Go out there and get the job done. Aller: Thank you. Any other individuals wishing to come forward at this time to speak either for or against or give us a comment regarding the item before us which is pervious pavers? Seeing no one come forward we’ll close the public hearing. Open it up for discussion. Weick: I will be bold and kick us off. Chanhassen Planning Commission – May 15, 2018 26 Aller: Good for you. Weick: First of all thank you to the staff for continuously working and reworking this amendment. I’m going to make some comments. I think at the end you may think I’m in agreement with you. It may not sound like it at the beginning though. I remain adamantly opposed to this amendment, which is increasing, basically increasing the hard cover percentages. I believe very strongly in the use of pervious, permeable, porous pavers. I would like to see us take a leading edge action to say as a homeowner if you use these you get something and that get is not extra hard cover percentages. That get is a credit on your stormwater bill. That get is something so if we can encourage residents, existing residents to exchange impervious surfaces for pervious surfaces, regardless of whether they’re increasing or decreasing their hard cover percentages I’d like to see us encourage our residents to take that step to help our environment. To help our water runoff as opposed to continuously increasing hard cover percentages. That’s a dangerous step. I’m adamantly opposed to it. I absolutely believe that in no way, shape or form should somebody knowingly or otherwise who purchased a house that was built to the maximum of the code to be able to get around that and I feel very strongly about that. I do also feel very strongly that the use of pervious systems is awesome and if we can find a way to encourage everybody to implement those types of system because there is some type of financial, potentially advantage to do that. If that’s what it takes I’d like us to look at that. I do not want us to dangle extra hard cover surface so that’s where I stand. I would implore my fellow commissioners and certainly the City Council if they read these Minutes to consider those opinions. Aller: Thank you. Any further comments at this time or questions of staff? I agree with you that we all, and this is why we’ve been doing it and I’m proud to say that the City of Chanhassen is one of the communities that stepped out and made it commercially available and have actually done it themselves and used pervious pavements nonetheless. This type of treatment in any form or fashion and I have felt terrible when we have had to turn down variances because the science wasn’t there based on our soils. I remember asking the question. Well what happens if you’ve got a pervious paver and the water goes down and it hits a clay surface, where’s the water going? It’s still running off so what are we going to do about that and I do agree in the holistic view of looking at where we are. I’m not sure we get to the same conclusion if we were to, the benefit here being that a person that would otherwise not have 5 percent, I don’t see everybody just building bigger houses for the percentage. I just don’t see that as being the end result because you still have a yard to plan and one of the great things about being here is being outdoors so I see more of the pervious paver use and creating what we’ve considered and seen on commercials and in the magazines as being the outside rooms where you put wicker furniture outside and you needed something to put it on so you weren’t sinking into the grass or the lawn. So I would almost, it still gives an added percentage but my view would be that the additional value would be with a modification if you’re replacing a driveway or you’re looking at what normally would be a variance of that situation to allow for it. I don’t know how we get to that point but I like to give that additional plus bonus to those individuals who would not otherwise be able to put in a sport court or some other thing that could be done with a pervious surface and allow them to do Chanhassen Planning Commission – May 15, 2018 27 that where otherwise would not have been allowed. And I don’t know whether it needs to be, I do think it needs to be tied to a certain percentage. I still think pervious or not our surface area coverage that’s non-natural has to be limited in some form or fashion to maintain a system that works on the stormwater runoff. So I’m halfway there. Undestad: I’ve got a question on that too though. The 5 percent, I guess the comments we heard here you know providing 5 percent coverage, or 5 percent more permeable, pervious pavements, there’s probably a lot of yards in Chanhassen that we’d be better off telling them to do your whole backyard in pervious pavement and we’d be better off with our stormwater. So if we kept the original hard surface coverages that the buildings just have all the time, anything anybody would do in their yard as far as pervious pavements and their permeable pavers, all that stuff. I mean the 5 percent, you know would it really matter? Leave the, don’t give them more hard surface coverage but if they want to do all the pavers they want out there, as long as it’s helping stormwater in the end result isn’t that the case? I mean the more the merrier. Strong: Well. Undestad: No? Aller: And I think that’s where I have my trouble is where do you stop it because of the potential. I don’t have the science or the anecdotal information to say yeah, we’ve tried it here and it works. Undestad: Well that’s what I’m asking the question is 5 percent, does that really matter if somebody comes in and if they’re going to do a 15 percent or they want to put a sport court in and it’s all. Strong: I think it’s, as MacKenzie started out with this is the critical factor. From the specific stormwater, water quality rate perspective it’s pretty simple to push these through. It’s very simple. It’s very easy but you have other areas that we have to take into consideration that MacKenzie was talking about. This isn’t just a stormwater issue. You also have to layer in things like green space. Tree canopy. Vegetated cover. I’m sorry MacKenzie the other areas. Zoning and this is where it becomes a multi-layer which is why we come around to this amount. I mean I’m certainly, credits are a great idea as well. I’m happy to look into those. Why don’t you keep in mind Chanhassen has a very lean stormwater utility fee which means the residents are only paying $45 a year so I’m happy to give them a credit. I don’t know if that’s an incentive. That $45 is an incentive to much but I’m happy to explore that as well. And of course they could do more than 5 percent total of their lot, it’s just the balance and MacKenzie you can maybe speak as to what those other layers are. Aller: Well and I guess that 5 percent would be a limiting factor because they’re only going to receive so much credit in hard cover. They can only build their house that much bigger with impervious surface. Chanhassen Planning Commission – May 15, 2018 28 Strong: Again as MacKenzie, I was very, I learned a lot when MacKenzie starting discussing all the different layers. Walters: No, there is not much to say. Again it’s that balancing act. It’s trying to protect the neighborhood aesthetic. The intensity of land use within the city and realizing that stormwater is one lens to look at this at but it’s not the only lens by any means and as a city we use lot cover now is the term, previously hard cover, to create the feel and aesthetics of our neighborhood and one of the real conceptual questions we have is would we want someone to be able to cover their yard up to their lot setback. Is that what we’d want someone to theoretically drive by and see? And this ordinance’s approach was to try to maintain the aesthetic to identify the district that had the most restricted maximum lot coverage that we felt had the most legacy properties that could have those you know extra room outdoors that we’re talking about. Where can we provide the most relief? And also pick one that was a relative small subsection of the community so we can see how are these actually used. Does it just lead entirely to larger houses or are these just being used for that backyard patio for that extra little bit of space and then from there we can talk about expanding it if it’s appropriate or not. McGonagill: MacKenzie a question I have. I think again if you’re talking about aesthetics and it’s a great point, again the homeowner association rules would prevail. So for example my concern about a driveway. Having somebody do that, some homeowner associations will only permit you know asphalt driveways and you’d have to go before the homeowners association. I know in my particular neighborhood to get a variance in order to put something else in so is that, I mean I think that’s what the case would be. Is that correct? Walters: Yeah most of these are RSF but if they had a homeowners association, those standards rules that association. McGonagill: And Commissioner your question on the, your opposition to is was that you look at the permeable paver as another surface that would increase the area. You don’t want to increase the area? I’m just trying to be sure I understand your point. Weick: Yeah. It’s more from a green space perspective than anything. I don’t think, I think people come here for that and I view protecting that is very important and I just don’t, it’s hard cover to me. McGonagill: Yeah it’s hard cover. Weick: It is hard cover. McGonagill: Yeah it’s permeable but still hard cover to you. Weick: Yeah. Chanhassen Planning Commission – May 15, 2018 29 McGonagill: Okay got it. Now I understand, thank you very much. Weick: And it manages so that’s why I’m, it’s an odd position to be in because I’m very pro the technology. You know I wish every new house that’s built, you know we could mandate driveways that are pervious pavers. I think that would be awesome. Those are the kinds of steps I’d like to see us take. I don’t, I just, I think it’s clear I’m opposed to allowing people to increase their hard cover area as the enticement to do the right thing. I think we’re giving them the wrong thing to get them to do the right thing. Why don’t we think about positive reinforcement to get people to do the right thing. In my opinion. McGonagill: Thank you. Weick: I just couldn’t be, you know we won’t have to worry about bees because everyone’s yards will be concrete. I mean heck, people were worried when people were using, went to Astroturf in their yards. My god we’re going to be Chanhassen, the concrete city. You know right? You’re going to look at it from above and it’s going to be all patios so I don’t think that’s what we want. And I’m exaggerating to make a point for the record but that’s how I feel. If I could just. Aller: Absolutely. Weick: Read, I mean on page 9. These numbers. If I’m reading this correctly it should give people pause. If the City allows residential single family properties outside of the shoreland management district to add 5 percent lot coverage in the form of pervious pavement, which is what this proposes, it would allow up to 2.3 million square feet of new lot coverage which is hard cover coverage equivalent to 600 new houses. Does anyone else like pause at that? Undestad: Let’s go back… 5 percent of that, that number he just talked about, if all that went to the pervious to helping stormwater out, is that a plus, minus or? Strong: So again we’re not just specifically talking about stormwater. Technically, scientifically from stormwater treatment alone it works but we can’t look at it from stormwater treatment alone and that’s how we arrived at 5 percent. We have to layer in things like the importance of vegetated cover. The importance of green space. The importance of neighborhood aesthetics. Undestad: But that’s what I’m asking is the 5 percent a number that made sense for some reason? Strong: It seemed, well yes. There are other triggers. We have watershed district rules that require us to do additional permitting and regulations at certain lot coverages and certain types of stormwater treatment so we have to stay under those types of thresholds so, and as a pilot rollout Chanhassen Planning Commission – May 15, 2018 30 I think 5 percent additional lot coverage at this moment is a cautious rollout, yeah. I think it’s fair and reasonable. Undestad: Okay. Strong: That doesn’t mean that they can’t of their lot coverage that doesn’t mean that they can’t do a total impervious, a total pervious paver driveway. I hope more people do. They take the opportunity. You know it’s not preventing people from doing those things. It’s just, we’re working on trying to balance and making sure that we balance. Tietz: Just thinking back to some of our requests over the last few years where somebody’s come in kind of pleading a hardship for a variance. I don’t recall where we’ve actually asked people to give up something to get something. You know give up part of your 3 car driveway and put in pervious pavers to get another hard surface and I’m not suggesting that that’s an approach to use but maybe there’s, you know I’m really in favor of more where Steve’s going. I think if there’s an incentive to encourage our citizens to look upon these technologies to improve the community and improve their neighborhood we should do it somehow. And I’m not sure what the incentive technique is but it seems like we have invariably we have found ways to add some hard surfaces rather than create permeable surfaces over the last several years and this is an opportunity for us to take another look at it. You know this is great research that the staff has done and Vanessa I know you have a lot of experience with these products but it just seems like, I’m finding that I’m falling into the side of this is still more hard surface. This is more coverage on a lot and I’m sorry that the developer took advantage of 99.9 percent of the property but now we’re dealing with variances because that’s happened. Maybe you have to tear out your whole driveway and create a permeable surface to allow you to get a couple extra feet, whatever that percentage is to do some other hard surface around your pool or your deck space but it’s a real challenging question but Steve I fully support your position. Randall: Does it make more sense to do a, instead of doing one section on permeable pavers, that’s one piece of the pie that you’re talking about correct? Does it make more sense to do a whole plan with all those pieces of the pie and include that in the section? I know it’s a lot more work and it’s a lot more in depth but. Aanenson: Let me expand on that a little bit. I think MacKenzie went into it a little bit. This was direction from the council that was looking to give some relief for people not to go through the variance. I think the last few variances we’ve had people have given some pervious pavers as mitigation. Tietz: Well we had that one over. Aanenson: Minnewashta I think, yep. Yep. Tietz: I’m thinking a couple years ago. Chanhassen Planning Commission – May 15, 2018 31 Aller: And we also have had people remove hard cover to replace it with hard cover in a different location. Aanenson: Yeah I think that’s definitely something MacKenzie works on but, so this is coming from the council that wanted to see some, some other track to go down as opposed to a pure variance. I mean certainly that’s always a tool that you can use for mitigation when applying for a variance. But just if they could work that out internally without having to go through that process. Certainly anybody can still go through the variance process but that was really the original intent coming from the council to get you to vet kind of the process. We’ve shared this kind of where this ordinance is going with them and they just wanted you now through the public hearing process to kind of vet that and give them your feedback as whether they’re on the right track. If the right track is that it should be holistic, that’s one approach. Randall: Well I just remember how we changed the topsoil requirement to 6 inches was it? In new construction. What if it’s an old site and they did that, they added, brought it up to 6 inches and then also did some, I mean so you add all these little pieces and it’s going to change it quite a bit and maybe permeable’s not the whole solution on the thing. That’s why I just bring that up. Aller: Well we’re looking at it but it’s the other piece is out there anyway. Randall: I know. I know. Aller: It’s just whether it’s before us we still wouldn’t be voting to change it. It’s already been done. Randall: I know. Aller: I guess one other question would be, if there was an ordinance which was just limited to pre-existing construction so it would only deal with variances which would allow for individuals that want, would normally come in for a variance. The opportunity not to if their plan allowed for so much hard cover or so much pervious and they would be allowed that additional 5 percent and not have to come in. Does that meet the intent behind it without? Aanenson: Kind of sort of but I would say MacKenzie meets with a lot of people that just want to do an addition. They try to find a way to do it so this is a way to do that you know. Shift things around so it’s kind of one of the tools that would help someone be able to accomplish that without, they may not always need a variance or they could be pretty close. Madsen: One aspect that I like about this is that for houses that were built before the rules were I place, they’re on non-conforming lots and you know if you only have a single family garage, a single stall garage, you know there are just things that aren’t very usable in today’s age so this Chanhassen Planning Commission – May 15, 2018 32 would give them some relief on those non-conforming existing homes that were built before all those rules were put in place. McGonagill: Chairman you were talking about the pre-existing construction… Aller: Well and I don’t know whether, whether that works for the city but what it does do is it gives relief to all those individuals with a pre-existing one car garage. They want to now make it two so long as they’re going to be, you know some are close but they need that extra 5 percent. Maybe they need a little more than that and that’s where the flexibility would come in but they wouldn’t have to come in for a variance and we certainly would be looking at it here, people that have come in historically were looking for a way to allow people to use their property in reasonable manner so we’re looking at cutting that fine line and trying to make it so it isn’t arbitrary. And then does that meet what we’re looking to do now or are we looking to expand all our construction which is the way it’s written now. It becomes an ordinance and that’s what any construction would be. McGonagill: So tracking with what you said, that would on pre-existing homes would take out the issue of a builder being able to take advantage of this to increase Commission, what Steve was talking about the whole total hard pan of or hard surface of a new construction lot. Aller: Right, if the ordinance only applied to that. McGonagill: Only applied to pre-existing. Aller: Pre-existing. But I’m not sure that that’s what the council is asking for the direction on. McGonagill: I like what you said Chairman in that regard but the issue that I had of a builder taking advantage of that. I also like the aspect of what Vanessa was talking about of doing that, if somebody being able to replace an existing driveway, existing construction and put in permeable. Hard pan’s not increased but you’ve increased water quality so. Aller: What we’d be doing is creating basically a two tier system. That could be problematic. What are your guys thoughts? Does that encourage people to do the right thing without? Weick: I just don’t think we’re overwhelmed with variances from pre-existing conditions. I can count on less, I don’t need a full hand since I’ve been on the commission that we’ve had variances for pre-existing conditions on hard lot coverage. Aller: Well I… Aanenson: Can I just qualify that a little bit because we work hard to solve those situations or advise people here’s a track you know of a situation similar to that you know so some people choose not to go for the reasons that they may do some research on what other similar situations Chanhassen Planning Commission – May 15, 2018 33 may have been so I don’t want you to think just because you haven’t seen it doesn’t mean that we haven’t been approached. Yeah. Or people think it’s too onerous. I think the biggest challenge there is the time commitment. Public hearing. Aller: Right. Weick: For who? Aanenson: For the applicant. You know to get all the survey work. A time commitment. Aller: And sometimes by the time it gets done they have to wait a whole other season before they can get out and do any construction. Aanenson: Or it gets appealed and it goes to City Council so there’s a time commitment in there. Wouldn’t you say that’s some of the biggest, the cost. Walters: I think time commitment and then the uncertainty. You know are you going to spend $550 bucks for a variance for your say 100 square foot patio when you might not get it because you’re not sure you can demonstrate a practical difficulty. You know as she mentioned I’d say probably 5 or 10 people talk to me about potentially increasing their lot coverage for every one that actually goes through the process. Aanenson: If they wanted to put a pervious paver patio then they could do that without, and those are the people we’re trying to capture and those are the ones you don’t see so if that makes any sense. Just trying to clarify where those people fall within that spectrum. Aller: Well and for those people at home or those people present, I don’t think we should lose sight of the fact that again that the City’s taking the bull by the horn and has really worked hard to allow people to maximize the use of their property and at the lowest possible cost to get to where they want to go and so we’ve shifted our review process on a number of different things so that we could cut the cost and expense and time to the owner of the property or the developer in coming forward and doing what they need to do to get the use out of the property so I applaud that. Undestad: So what are you saying is the issue if we limit it to existing property? Aller: Well if we limit it to existing property it still would allow, it would allow people to come in that would have normally come in looking for a variance and it would give staff the ability to say yeah we can do this and you don’t need a variance because here’s our percentages and you can come up to this but they would. Undestad: I thought you were saying if we did it for existing and you’d… Chanhassen Planning Commission – May 15, 2018 34 Aller: But if you don’t do it for new we still are in the same boat with new construction and how are we going to deal with the new construction or are we going to have a separate zoning. New property ordinance where they’re going to come in and they’re going to want to have the same or more opportunity because it’s new construction. Undestad: There must be a way to tie this back into the existing. I mean that was the intent for this. Aller: That’s why I was saying. Undestad: New development. You know is anything prior to a certain point in time. Aller: And that would allow for a homeowner that comes in and purchases a property to be able to modify it and use it in a reasonable fashion for the way they want to move forward with the property and we get the benefit of using proper pavers and they get the benefit of having the extra square footage. Which is really what comes in and we have that review of anyway. Undestad: So I think that’s, isn’t that the intent is for all the existing homeowners out there that we’ve been dealing with that. Aanenson: Yeah again we went down the narrower lane of the RSF. Trying to see how this thing launches. See the management, the control. How many permits. We have to also roll out a process which we don’t have in place yet so that’s going to take a little time for that so we kind of went with that, the RSF and as you saw the percentage, that’s 40 some percent. Aller: 45. Aanenson: 45, yeah. Walters: 45 percent of the RSF zone would be entitled because we’re not proposing for it to be allowed within the shoreland management area. Aanenson: Which is a higher threshold there so. But that was our intent. Strong: I would say from my perspective I will struggle because we’ve addressed this issue many times, when a developer comes to me and they can use it for commercial and they can use it for industrial and the single family homeowner can use it for some developments but then their one infill development they can’t use it and I’m going to have a very hard time explaining why that developer isn’t allowed to use it when you know it can be used for commercial. It can be used for industrial. Aanenson: So you’re recommending a different policy than what we’re recommending or? Chanhassen Planning Commission – May 15, 2018 35 Strong: No, no. Just that the reason why we didn’t limit it to existing. Aller: To existing or pre-existing. Strong: Because we did. We’ve kicked this around, I’m glad you guys are kicking around the same things we kicked around. But that is in the end when the phone rings and we answer the phone, how do we explain to them how we justify that decision so. Weick: They should use them because it’s the right thing to do. Strong: I tend to believe with that. Weick: And the code says 25 percent and that’s what it is. And if they want to do the right thing they should make all of the patios and the driveways and all that kind of stuff should absolutely be installed that way and I don’t think we have to give them extra hard cover to do that. I just, I, and I get it and I’m sorry that there’s lots of work behind it but. Randall: I tend to agree with him. 25 percent is 25 percent. I know when I built my house I struggled with this also but we came up with a solution and that kept it under 25 percent so. I know it’s tough but I mean I want to have these available for people but at the same time I just think it’s going to be too tough and case by case basis we’ve had a few come in. We’ve dealt with it and they’ve worked around it so. Aller: Sounds from this side? Tietz: So MacKenzie if I have a 30,000 square foot lot instead of a minimum lot, how much more surface can I add? Walters: You would be able to add 5 percent more surface in the form of, assuming you’re zoned residential, so that’d be 1,500 square feet. Tietz: 1,500 square feet. Walters: Yep. Tietz: That’s significant. Walters: Yes it is. Tietz: That’s hard surface. Not everything is a minimum lot size in this community so when you talk about 750 square feet it’s not 750 square feet. I bet you the average is probably closer to 900 square feet. On an average over across the community. Okay what’s percent, this is an esoteric. What percentage of our community is minimum lot size? Chanhassen Planning Commission – May 15, 2018 36 Walters: The point is very well taken. Tietz: I think it’s hard to go back and say pre-existing conditions are different than existing conditions. I mean why would we give someone the benefit because their house was built in 1972 versus someone that has built in 2012? I don’t see there’s any difference. If you’re going to give it to one we should give it to the other. Undestad: I think the thought was giving it to all the pre-existing. Not for the variances that come in. Not new development coming in you’re not going to bring in a new development and then say I get that extra 5 percent on my new development. Tietz: But then it’s the, you know. Undestad: Well I get it, yeah. Tietz: It’s not fair. I mean. Undestad: It’s not easy. Tietz: If it’s an ordinance and I can get 5 percent but you can’t. Aanenson: Right. Tietz: Because you just built your house but I’ve got an old house so I can get it. Undestad: Yep. Aanenson: How it’s written is how, how we’ve written it is how you’re interpreting it. It’s the equity issue, yeah. Aller: And to Commissioner Weick’s point if we apply that, the new people that don’t need it because they’re putting in all the new construction and new surfaces that are covered by other water resource kind of laws and regulations and then somebody else that wants to replace an existing driveway is just going to put in another impervious pavement. We haven’t improved our situation at all because they’ve chosen to do the expedient and cost effective as opposed to what we would consider the right way. For water management. Struggle. Randall: So are you saying we would give them a 5 percent credit if they’re at, if they’re at like 35 percent right now correct? Could they be at 40 percent? Walters: No they could not. The way the ordinance is structured they could not. Chanhassen Planning Commission – May 15, 2018 37 Randall: But on an older house that was built in 1925? Walters: Their lot coverage would be a maximum of 30 percent. The 35 percent would be a legal non-conforming status. If they wanted to go above that they would still require a variance. That is something we talked about and we felt that would lead to a lot of potentially very bad situations. Randall: Okay. Aanenson: But we thought of it. Aller: So we go in and we move this forward. The City approves it. We find out that 5 percent is far greater than we really wanted. We change the ordinance to reduce it and everything becomes non-conforming? Walters: Were we to pass the ordinance and then repeal it, yeah. Anything would then become a legal non-conforming. Aller: Not a good picture either. Madsen: Could we limit just to allow 5 percent additional lot coverage not to exceed X? Walters: Yes you could put a provision that you know not to exceed 1,000 square feet of impervious surface is something we could, I could put it in there. Strong: I think you mean pervious. Walters: I believe I probably did mean pervious. Strong: I see pervious, impervious, hard surface is all very different things as well as green space. Madsen: Yeah. Strong: Vegetated cover is also another, they’re all very different surfaces to me so. Aller: Alright, well can’t ponder all night. I suppose we need to do something with this one way or another so if individuals wish to make a motion we can go from there and it can be anything from accepting, modifying, tabling, whatever you want to do with it. Tietz: Mr. Chairman. Aller: Yes Commissioner Tietz. Chanhassen Planning Commission – May 15, 2018 38 Tietz: Would there be a way to look at it that there’s a trade off of a one for one? That if you’re going to, maybe staff already looked at this but if there’s an up to a maximum square footage. That if you had, maybe use the minimum standard of 15,000 square feet and we say it’s a maximum of 750 square feet and if you want to expand by 750 square feet. Not only do you have to make that pervious but you have to add another 750 square feet of pervious. McGonagill: Like a mitigation. Tietz: Well it’s kind of a mitigation but it’s an incentive to get 750 square feet but in effect you’re doing 1,500 square feet of pervious. It’s a two for one instead of a one for one. Aller: It’s like a wetland mitigation. Tietz: Well in effect it would be Andrew where you’re getting, it’s kind of like a, well it’s a two for one really. What I’m proposing is that you get up to 750 square feet but you’re going to replace 750 someplace on your property with pervious pavers so now you in effect have 1,500 square feet of pervious material. Madsen: And that would encourage them to do the right thing in more areas at least. Tietz: Well right. You’re not just getting this new postage stamp. You’re actually doing a replacement. Aller: There’s a difference there. It’s not encouraging. Madsen: It’s forcing, yep. Aller: It’s forcing them and a person that only needs 750 I suppose could say they wanted 350 to do the two for one. But how about the person that doesn’t care to or can’t afford to do that kind of modification? Tietz: Well then it doesn’t work for them. I mean this is, you know it’s a little bit of a carrot. I mean if you want more square footage you’ve got to help the community with the stormwater and the runoff. Aller: Thoughts. Randall: I like that idea. Weick: What if you don’t have 750 square feet to change over? So you want to do 750 square feet but you only have 500 square feet. Chanhassen Planning Commission – May 15, 2018 39 Tietz: Well it’s a 25 by 30 driveway. I think most people have a 25 by 30 driveway even if they have a single car garage. Maybe the 750 is not the right number either but I’m trying to find an upper limit for what we’re doing instead of having the guy, the folks that have the 30,000 square foot lot get 1,500 square feet. Just a thought. Weick: It’s interesting. Tietz: I don’t know, what is the cost of these systems on a per square foot basis? They’re not, they’re significant. If they’re done right. Aller: Sure we’ll reopen it real quick. Bob Swanson: Can I answer? Tietz: Sure. Bob Swanson: With removal of existing they’re right around $17 a square foot completed. That provides 8 inches of 2 inch clear aggregate, 3 inches of ¾ clear aggregate and that clear aggregate is set in bed and the granular fill inbetween. Tietz: And the surface. Aller: The paver. Bob Swanson: Correct. Tietz: The paver. Undestad: So it’s not piped or drain tiled to anything? It just rock piled on rock piled on sand? Bob Swanson: If we need ex-filtration because of the heavy clay soils or we need to daylight it, that material is then daylighted accordingly. We hit the kind of between the B and the C soils will maybe elevate that understanding that we will get some infiltration and then otherwise in the heavy D soils we’ve got pretty much that ex-filtration pipe on the bottom of the profile that we are required to have that water move through that system I believe within 24 hours. But that produce that is leaving there is void of all the contaminants that we want to protect our lakes and our waterways. Undestad: Is that still falling at $17 a square foot with the piping in there? Bob Swanson: Correct. Depending on how far we’d have to take the piping. Chanhassen Planning Commission – May 15, 2018 40 Tietz: And typical suburban asphalt driveway of 3 inches of asphalt and 5-6 inches of base is what half of that? Bob Swanson: Oh yeah I would think. Tietz: Or a third of it? Bob Swanson: Yeah a third of it maybe. $5 to $6 bucks. Tietz: So it’s tripling your typical suburban driveway cost. Using a driveway but hard surface. Tripling a typical hard surface cost. Bob Swanson: Correct. Tietz: Thank you. Aller: Okay for the last time I’m closing the public hearing. Alright. So now I’m going to invite any last comments or certainly entertain a motion of some sort to move this forward. And one of the alternatives would be to move it forward as is with recommendations that the City Council look at some of the alternatives that have been discussed in their discussion as our recommendation. Madsen: So if a resident wanted to get that relief but could not afford it then they would still have to come in and request a variance, is that correct? If they wanted to move forward. Aller: Then the question becomes can they afford to go through that process of a variance and it’s just an additional expense and time. Aanenson: They always have a right to go for a variance. That’s correct. Madsen: Yeah they would still have that right to go with the variance if they could not say replace their driveway at triple the cost of what an asphalt driveway would be. Weick: So I’m not ignoring you. I just want to be, I just don’t think as one of the options being do nothing. That’s what I’m, my silence means. I don’t want to put anything forward just to be, so I don’t think there’s a motion that goes with that. Aller: So your’s would be to deny it. Weick: Yes. Well. Aller: You would move that we deny. Chanhassen Planning Commission – May 15, 2018 41 Weick: Would I need to do that? Aanenson: Yes, that’s… Aller: And that would be doing nothing. Otherwise we literally are doing nothing which is probably a disservice. Randall: Like the two for one plan, would that just be continued or if we move this forward and it go to the City Council and would they see all those arguments or is that something that we could refine it before it gets up to City Council? Aller: Well we can always refine. We can always do the same thing we did with the last one and ask for more information or have it rewritten but I think. Weick: In fairness to the City we’ve done that. Aller: We’ve visited this several times to get to where we are today. Weick: Yeah. I feel like we should make a decision. Aller: So I don’t want to say either we recommend against it by making a motion that it not be passed or we recommend that it move forward in some form or fashion so that they can look at it and amend it as they see fit. Randall: I would vote to move it forward as long as our concerns are validated towards the City Council so they’re aware of the dilemmas that we had here. Madsen: Is that moving forward as it is recommended now with no changes? Aller: In other words the work, if we move it forward it’s the recommendation that it move forward to them as written but requesting that they review the concerns and address them before they make a final decision. Madsen: Is that what your? Aller: And ultimately you’re giving it to the council from the recommending body. They can choose to not look at those concerns if they, but it’s obviously not something they normally would do. You know they’re going to, as somebody said they don’t know if they read the Minutes. I know they read the Minutes because I’ve received comments on them but. Undestad: So is that an official motion? Chanhassen Planning Commission – May 15, 2018 42 Aanenson: I was going to say there is a motion on the floor but I would say the staff always writes the Planning Commission what discussion was and we usually always bullet points. Aller: They get the verbatim and they. Aanenson: Right the issues that you were trying to address so we’ll accomplish that. Undestad: So we have an official motion on the floor? Aller: Well that’s what I’m. Weick: There hasn’t been a motion. Aller: There is no motion yet. That’s why I’m asking for a motion that would do that if that’s what they want to do. Undestad: I’ll make a motion then that. Aller: Commissioner Undestad makes that motion. Do I have a second? Weick: Makes what, could you just clarify the motion please. Undestad: The motion. Aller: So he’s making a motion that the Chanhassen Planning Commission recommends the City Council adopt the attached ordinance amending Chapter 7 and 20 of the Chanhassen City Code concerning pervious pavement including any other information and to consider the concerns as stated by the commissioners prior to it’s enactment. Madsen: I will second. Aller: So having a motion by Commissioner Undestad, seconded by Commissioner Madsen, any further discussion? Undestad moved, Madsen seconded that the Chanhassen Planning Commission recommends the City Council adopt the attached ordinance amending Chapters 7 and 20 of the Chanhassen City Code concerning pervious pavement and ask that the City Council consider the concerns stated by planning commissioners. All voted in favor except Commissioners Weick, Tietz, and Randall who opposed. The motion carried with a vote of 4 to 3. Aller: How many opposed? Chanhassen Planning Commission – May 15, 2018 43 Aanenson: Three. Aller: So three. So the motion carries 4 to 3. Aanenson: Chairman just a, we can say that this item is going to the City Council, anybody that’s following it, do you know the date? Walters: I believe it will be going forward on June 11th. Aller: So those individuals wishing to follow this item, which is obviously one of concern to not only the commission but to the citizens and your City Council, it will be before them on June 11th so please feel free to follow this item for final action on that date. Moving forward to item 3. BREWERY ORDINANCE. Walters: Yep so officially I am calling this craft alcohol production because it does deal with breweries as well as micro distilleries. However for shorthand throughout this and in a lot of times in reports I will refer to the as breweries just for convenience but just to be inclusive to all different types of craft alcohol that could be covered. This one is coming before you because the City’s been contacted by numerous entities that are interested in potentially opening either a brewery or micro distillery. We get a lot of inquiries and currently the response is the City does not allow for breweries, taprooms or cocktail rooms under our city code. So one of the things that we, right now as the city code is structured craft alcohol production in any form can only take place in industrial office park districts. Oh that’s a typo, I’m sorry about that. And we don’t have any provision for allowing for taprooms, cocktail rooms, and this creates a bit of a perceived barrier and additional uncertainty to businesses looking at the community so what staff is proposing is to allow small craft alcohol producers and their associated retail components in the industrial office park district as well as the highway business, the central business district and the old general business district which is no longer present but exists as the underlying district for some PUD’s. And then we would propose requiring conditional use permits for breweries producing over 3,500 barrels a year but smaller operations, staff’s research leads us to believe they have very similar impacts to restaurants, bakeries, and other things we allow in our commercial districts and we couldn’t really see much of a compelling reason for subjecting them to additional level of scrutiny. So this table right here shows the staff’s proposed ordinance. Where it would allow these as permitted uses. At what thresholds. Where conditional use permits would be required. At the threshold conditional use permits would be required, we would hold them to the standards that exist for food processing plants which is what we would currently classify a brewery under if it were to locate in the industrial office park district. Staff is also proposing creating 4 new licenses as part of our liquor licenses to allow for these. That’d be an on sale brew or taproom license which would allow a brewery to have a taproom. And on sale cocktail room license which would allow a micro distillery to serve cocktails on premise. A small brew or off sale license which would allow either a brew pub or a taproom to do growler Chanhassen Planning Commission – May 15, 2018 44 fills on site so some off sale of liquor and micro distillery off sale which allows up to one 375 milliliter bottle per customer per day to be sold directly from the distillery. So that was a bit of a lightning run through on it. I would be happy to go into as much depth as you’d like. Aller: So I would be interested in knowing, has there or would you believe there would be an interest expressed in existing restaurants, producers, sales, individuals, liquor stores, that would want to convert or add this type of service and what impact would that have on licensing and so forth? Walters: Yeah. I honestly can’t speak to that. Potentially there may be some businesses in town that would be interested in adding a brewery to their operations. Right now if this were to pass you know at the City Council and they were in a district zoned for another permitted use, all they would need to do is apply for and receive the appropriate licensure so like if MacKenzie’s Restaurant, we’ll say I opened one, wanted to convert to a brew pub I would have to get licensed as a brew pub with the State and then I would just go to the City under my current intoxicating liquor license and say oh by the way I’m selling my own beer. I’d like to do growler off sales. Can I get a small brewery off sale license and I’d be good to go. Did that answer your question? Aller: It does. Thank you. Walters: Okay. Aller: Commissioner Madsen. Madsen: I was looking at the different business districts and most of them would allow restaurants. I did not see that a restaurant option would be possible in the industrial office park district. Is that correct? Walters: Yeah. So we looked at a little bit of what the underlying district allowed and because our underlying commercial and business districts have restaurants as a permitted use there didn’t seem to be a strong rationale for why a cocktail room or taproom wouldn’t be able to have a food service component associated with it. Whereas in our industrial districts you know they have more of an industrial feel they’re less commercially oriented and restaurants are not a permitted use and so we felt it was consistent to keep that more production with the more limited retail component which we capped at 20 percent as per current ordinance so it was mostly to maintain the existing feel of the districts while still allowing this use in some capacity. Aanenson: I just want to add to that. Obviously MacKenzie knows a lot more about this but we have met with a number of people that are interested over the last probably 2 years and going to the industrial park is exciting for a lot of people. They think that’s a great place to, you know they get the clear space that they need. Some of the concerns that we had is some of the people were interested in food trucks and part of what we saw is to support the existing businesses that are here so that was our approach and we said there’s a lot of ways to do that. A lot of Chanhassen Planning Commission – May 15, 2018 45 businesses use an iPad approach. You can type up and order existing businesses to service, bring food out. That sort of thing so there’s other breweries that do that right now. That sort of thing. Some do the food truck but again our goal was, and we’re really working to hopefully filling that kind of in the core area in the downtown to service, or rely on some of the existing. Some of them may have food with them. Some are interested in doing that and some are interested maybe using another approach to support the existing restaurants that are in town, if that makes sense. Madsen: So they could partner with existing restaurants that weren’t necessarily located in that office park for catering services. Aanenson: Right exactly. That’s how we would see it and everybody that we’ve talked to has been supportive of, they would like to do that too so maybe one night they have one type of food. Another night another type of food and they would deliver that and service that so that’s kind of the approach we were taking on that. Madsen: Okay, thank you. Aller: Additional comments. McGonagill: I have the same point as the commissioner about food because I guess from a couple reasons. It was in the report that some areas prohibited having restaurants and then others that you had to have it and I guess I’m more thinking you have to have food. Now the reason I say that is just the way Chanhassen’s developed is you have a brewery. Let’s say you want to get something to eat. Well you’ve got to get in your car. You can’t really walk somewhere and that’s my problem right there is the fact that, what little reading I’ve done about this independently is that the intake of your peak alcohol level, if you don’t have food in your system is higher and it happens quicker whereas opposed if you have food in there. I’m just talking about the participants in a taproom and they’re drinking. They’re having a good time. They’re going to get hungry and you know well let’s go get in the car and go so and so. Well that’s not what I really want to see. I want them to kind of stay there to localize that and to localize just from a public safety standpoint and so to me it’s almost like I want to have food there. I want to see that happen just so that it’s contained. You know for a period of time that people work through it and they’re not in their car. It would be different if they had you know the ability to walk around and do that but we don’t right now and so the establishment of a brew or a brewery with that food component I think can be a starter place with a long term plan that we talked about at the last Planning Commission. Could it be a district? Could it be something like this so I would, that was my thoughts. I want to have some way to leverage that food does happen more than somebody bringing it in. I mean I’m pretty well hooking it to have something there on the site in my mind. It’s more of a comment than a question. I did have one, just to be sure I understand again. How does it work for example on a brew pub if they want to have an event? I happened to be at one of the brew pubs here locally looking at, and they have a Cinco de Mayo Day. They brought in food trucks. They had outside music. I think about music pollution. Light pollution. Noise. How does that work if a brew pub wants to do that because they’ll want Chanhassen Planning Commission – May 15, 2018 46 to do that. They’ll want to have an event to bring in customers. Don’t blame them. How does that work? Walters: So the City has a temporary and special events ordinance which we use to evaluate any businesses’ request to do a block party or any sort of outdoor event and that’s where we look at things like noise. Surrounding uses. You know whether or not streets need to be closed. What impact that could have on the community so the brew pub would have to navigate our normal process. In terms of the liquor licensing aspect I will try not to get too deep in the weeds but after a large amount of detective work we discovered that the State Statues allow us to give them a temporary liquor license for off sale similar to, I’m sorry. For on sale at a site, not their own, up to once a month. Up to 12 occasions per calendar year. The same as we can currently extend to a registered political party, charity or similar organization so we would be amending our temporary liquor license to allow a small craft brewery to take advantage of that to host community events but again the frequency under State law would be limited to once a month. No more than 12 days per calendar year and our temporary event ordinance would also regulate that and be used as staff to mitigate the impact and make sure that it was an appropriate use and appropriate level for the district. McGonagill: Okay. Aanenson: And to be clear everybody that we’ve talked to, we’ve had that conversation with because certainly we want a fun atmosphere. That’s part of the exciting part about having some of these uses in town but we’ve talked to them about what the rules are and that and that we do have this permit already in place and other groups have used it but we’d manage it that way because we would certainly expect that they would do some of that activity which would be fun. McGonagill: Kate as you’ve talked to interested parties, would they be opposed to having a requirement of having food? Aanenson: I would say most people want to have food. The question is do they want to have food trucks or do they want to support the existing businesses because if they’re in the downtown area and there is interest in the downtown area. There’s quick convenience too. Some people want to do their own food and some people would take advantage of the existing businesses. Walters: Just to jump in. I believe some entities are hesitant to also enter the restaurant business. You know they’re. McGonagill: Sure… Walters: This is what I do. I am very good at this. I’m not a restaurateur. I might not be interested in also doing that venture and one of the things that’s really appealing about the craft alcohol production is how it can synergize with existing businesses so I mean everyone we’ve ever talked to has said, as Director Aanenson mentioned, they want to make sure food’s there Chanhassen Planning Commission – May 15, 2018 47 because if people leave their establishment to go get food they might not come back. You know they’d much rather have them stay there. Continue to patronize. Have food brought in so. McGonagill: So it is conceivable that you could, as part of the licensure process say this is part of, you’ve got to show evidence that this is going to be there even through apps. Through some application. Through something that food is going to be available. Aanenson: We didn’t write it in that way…but we did not make that a requirement. McGonagill: But could you is what I’m saying? Aanenson: If that’s something you, the Planning Commission wants to recommend as a part of this then you could add it too. McGonagill: Okay thank you. Aller: Additional comments? Questions at this time. Hearing none I’ll open the public hearing portion of this item. Any individual wishing to come forward and speak for or against or comment on the item before us, which is craft alcohol production can do so at this time. Seeing no one come forward I will close the public hearing on the matter and open it up for discussion. Did you have fun doing your research? Walters: This was actually a lot of fun for me. I really like. Aanenson: Can you tell? Walters: No, not even for the content. I really enjoy going through State Statues and I got to do a lot of detective work and problem solving and it’s the type of stuff I do find rewarding professionally so yes. Aller: And I’m sure you found out which brew pubs had different food items from the city. McGonagill: Some research yeah. Walters: We had to evaluate the percentage retail component and the best way to do that was site visits. Aller: Very good. Well I have been to many open houses here in Chanhassen and I’ve gone in and I have always have heard someone in the background, either behind me or in my ear talking about the potential for having a tap brewery here in Chanhassen and why don’t we have one and it will still be a difficult way forward for the individuals because they’ll have to pick the right property and of course we’re looking at downtown’s pretty well full up at this point in time and so you have to kind of relocate so even through we try to do the best we can with a visioning Chanhassen Planning Commission – May 15, 2018 48 process there’s a lot of moving parts in that and some are the owners of the property and some are the people being ready to open or not so we hope for the prefect storm to arrive but in order to do that we have to be prepared and have the table set for them to come forward so I think this was a really good thing for us to do at this time. And I think the work that went into it was good. I think the protection is there with the licenses, both State and we’ve got enough, enough towns around us and cities around us that have them that we’ve seen that they can be done well and they can be productive and they can energize portions of the city so I would look forward to that happening here in Chanhassen. Additional comments? McGonagill: No I concur with what you say. I think this is a great add to the city. I think it can be a plus. I guess in order to encourage the utilization of other additional local businesses, particularly the food businesses I would, they don’t have to have a restaurant on site but that they are providing that open to the patrons. Not only to provide the incentive to use local businesses but also I come back into just the food consumption as an offset to the alcohol intake from a public safety standpoint so that would be my position. Aller: So I’ll entertain any motion that the commission would like to make. Randall: I’d like to make a motion. Aller: Commissioner Randall. Randall: Move a motion that the Chan Planning Commission recommends that City Council adopt attached ordinance amendment to Chapters 1, 4, 10, 20 of the City Code. Aller: I have a motion. Do I have a second? Weick: Second. Aller: Having a motion and a second. Any further discussion? Randall moved, Weick seconded that the Chanhassen Planning Commission recommends that the City Council adopt the attached ordinance amending Chapters 1, 4, 10 and 20 of the City Code regarding craft alcohol production. All voted in favor and the motion carried unanimously with a vote of 7 to 0. ADULT DAYCARE OI DISTRICT. Walters: So I’d like to let the commissioners know that I did put a letter of intent on your, as part of a packet for you that we received from an entity that is interested in operating an adult daycare as part of a church within our office institutional district. They asked that I distribute it to you and make you familiar with their interest so you have it and I encourage you to look it over. It’s also available I believe online as a resource for people. Chanhassen Planning Commission – May 15, 2018 49 Aller: Great. So for the record it has been received and passed around to the commissioners for their ingestion that it will be made part of the record and forwarded onto the City Council for action after this hearing. Walters: So this one is, as the commission remembers in December we altered the City Code to expressly permit adult daycares and several churches have expressed an interest in opening adult daycares as a part of their operations within our office institutional district. This is a district where we do not permit adult daycares currently. Staff believes that it’s an incredibly synergistic use. The two entities have opposite peak times. It allows for a very effective utilization of space. Many cities allow their churches to host adult daycares and we are not aware of any complaints, problems so staff believes it would be appropriate to amend the office institutional district to list adult daycares as part of a church as a permitted use. And that’s about what I have on this. I’d be happy to take questions. Aller: Commissioner Madsen. Madsen: So if they did go to a church and the church did not have some of the assistance with automatic door openings, those sorts of things that elderly might need, would they be required to do that or not unless they were going to do a remodeling? Walters: So my under, the way we structured it is they would have to meet the performance standards which includes State licensure so whatever standards the State has imposed for received a licensure to have an adult daycare the church would need to meet. I’m afraid I’m. McGonagill: Licensure requirement. Walters: Yes there is and they would be required to have that licensure. Madsen: So they might possibly have to upgrade to meet that requirement. Aanenson: Yes they would and typically if they need to do building permit then we would, the building inspections would also follow up in that, which they do with daycares. Madsen: Okay thank you. Aller: Further questions, comments? Open up the public hearing on this portion. Seeing no one come forward I’ll close the public hearing and I’ll entertain a motion. Commissioner Madsen. Madsen: The Chanhassen Planning Commission recommends that the City Council adopt the attached ordinance amending Chapter 20 of the Chanhassen City Code concerning adult daycare. Aller: I have a motion. Do I have a second? Chanhassen Planning Commission – May 15, 2018 50 Weick: Second. Tietz: Second. Aller: And third. Weick: I was first for the record. Randall: He was. Weick: I was the first second for the record. Aller: …any additional comments? Madsen moved, Weick seconded that the Chanhassen Planning Commission recommends that the City Council adopt the attached ordinance amending Chapter 20 of the Chanhassen City Code concerning adult daycare. All voted in favor and the motion carried unanimously with a vote of 7 to 0. RETAIL PICKUP SIGNAGE. Walters: So this is in response to the trend that many retailers are beginning to offer customers an option to buy online and then drive to the store parking lot. Have the goods loaded into their car and move on. Our city ordinance currently allows for directional signage to be placed on sites without a permit. Up to 4 directional signs up to 5 feet high. Maximum 4 square feet of display area. Unfortunately due to the nature of these pick up sites and the fact that they have to project above parked cars, some of our larger models now are up to I read 6 ½ feet tall so in order to bounce above that the current directional signage just, it doesn’t really meet the needs of these businesses so we’ve looked around and we decided to propose potentially amending the sign code to allow for directional signage which we call pick-up/drive up signs that met the needs of these businesses so we’d be proposing a maximum height of 13 feet. Maintain the 4 square feet of display area. Be restricted to big box retailers and grocery stores and I believe the report goes through the rationale for that with how the parking lots are configured and the car traffic and why we believe those businesses are best suited for that. So what we’re proposing is allowing this new type of signage to be installed without a permit and having general performance standards similar to how we treat existing directional signage. I’d be happy to take any questions. And restaurants are not included in this because they are not, either the big box retailer or grocery. Usually when they have pick up areas they have either parking spaces designated in which case the existing 5 foot directional signage is adequate or they have drive in’s in which case they get the menu board signs which are 45 square feet, 8 feet tall and we felt it’d be redundant to then also let them have on site pick up signage. Chanhassen Planning Commission – May 15, 2018 51 Aller: Thank you. Commissioner Tietz. Tietz: Yes my concern would be the height. You know I go out to some of the big boxes and the Home Depots, the Menards, the Fleet Farms, everybody has special parking for rental trucks. They have special parking for this. They have special parking for that. They have you know 10 minute parking if you want to run in and pick up an order that’s been arrived at Home Depot. I guess I don’t see the need for up to 13 feet. I think we’re just going to create visual clutter in these parking lots even if it’s restricted to numbers. How do you define the number of flags you get to put up? Is it based on you know like, well we have I guess we have standards for handicap parking. You know so many stalls per 1,000 square feet and so forth but I don’t know, this is going to be, it’s going to have to be close to a door because you’re not going to have staff running halfway across the parking lot to deliver a bag of peanuts or something to someone that’s driving up to pick them up so my big issue is the height and it just seems like we could create a lot of visual clutter in the parking lots with that. Once you do it you’re going to know where you’re going to go. Sorry. Why was it 13 feet? I mean we don’t have anything in parking lots that’s 13 feet tall. Walters: Well I mean lamp posts are obviously. Tietz: Well. Walters: Lighting is significantly higher. Tietz: But that’s a necessity. Walters: So we did look a little bit at industry trends and the two businesses that have either put these up or requested to put these up in Chanhassen have been between 12 ½ and 13 feet. So that is part of the rationale for that number is that seems to be the height people are building these at and again the reason for that is you know they are set back in the parking lot. What we’re seeing it doesn’t look like they have a huge presence from the road. Was the 4 square feet. We don’t believe they could be cooped for advertising very easily and when you do get you know 4 cars parking around them you do need to peak up above that sometimes 6 foot ceiling so that’s kind of where we’re going with the 5 feet on top of that. That was the rationale. Weick: Can I ask a different question? Aller: Commissioner Weick. Weick: Do we subtract pick up spaces from parking spaces? Because I can’t park there if I’m not picking up. So it’s not a parking space. Aanenson: But you wouldn’t be there if you weren’t picking up so, I mean you’d be parking. Someone would be there. Chanhassen Planning Commission – May 15, 2018 52 Weick: Yeah but I guess for argument sake if the code or whatever says I need to have 20 parking spaces and I take 5 of them and dedicate them to pick up, I only have 15 parking spaces. Aller: Plus you have handicap. Aanenson: But I guess I’d weigh that, there’s people coming in and out faster so they’re not taking up a space as long because more people are getting their stuff and moving on as opposed to parking and going in. Aller: Right. Weick: But I’m not there 10 minutes. Aller: Most 10 minute parking spots are just normal parking spots with a visual 6 foot. Weick: Yeah just as long as you’re not concerned about reducing. Aanenson: No because we don’t have a plethora of those, of the pick up areas and they move through pretty quickly. Weick: I mean in other cities, and I will exaggerate to make a point again likely but I have driven through parking lots not in Chanhassen where there have been you know your 10 minute quick park. Then there’s moms and of course there’s the. Aanenson: We have senior parking here too. Weick: The required handicap and there’s senior. And I swear to you there is less than 25 percent of that parking lot for everyday people like me that want to just park and walk into the store. Aller: Well you’re getting older every day so. Weick: 5 years. 5 years and I can do it but until that point, I guess that’s the only thing. I seems like, I worry about the proliferation of specialty parking spaces that you end up looking at a store and going there’s nowhere to park. Aanenson: I think the bigger issue is meeting today’s challenges for retail marketing. Weick: And I love that. Chanhassen Planning Commission – May 15, 2018 53 Aanenson: And I will say this, Target’s made a great investment in our downtown. Redid that whole store. It’s beautiful and they, people love that pick up, whether you’re a senior or a young person or just some busy person they love it. Weick: Well that’s huge right? So I don’t have an issue there. Aller: My question is, because there’s no info graphic here so that I could say this is what I’m looking at and so I’m concerned that we as a city have put in a lot of time and effort into the articulation and. Tietz: Andrew our ceiling is about 12 ½ or 13 feet. Aller: No I’m just thinking. Tietz: Well that’s how high that sign’s going to be. Aller: Well I understand that… Tietz: That’s why I have a problem. Walters: If the council will bear with me I can do a Google street view and show you a 13 foot one. Tietz: There you go. Weick: While you’re doing that I will, I’ll chime in and just say, imagine if that Starbuck’s dental office, what used to be Piata, imagine if each one of those stores added 3, 2 specialty parking spaces. You literally could not go to those locations. Aanenson: Let’s be clear on those type of restaurants because Applebee’s has it. They put it. Weick: But it’s not big box or grocery. Aanenson: It’s not big box or grocery. It’s different. So even Byerlys has, you know you drive underneath to get your groceries there. Weick: Yes. Aanenson: So it’s those stores. It’s going to be Cub who wants one. Target has one. Weick: No you’re right. I retract that. Aanenson: It’s the smaller. Chanhassen Planning Commission – May 15, 2018 54 Aller: I guess one of my question is should it be a stand alone sign that takes away from their articulation of the building or perhaps it should be a sign that’s on the building saying here’s my spots. Aanenson: Well that’s what they do. In fact we can go back to Target they, you have to be in the parking lot just outside the door. Those are the designated ones and Cub’s going to do the same thing. They’re going to run them out to you. Weick: And those lots are plenty big. Aanenson: Yes. Weick: I mean there’s not a concern of parking there so I stand completely. Aller: You’re still getting older. Weick: I’m in error and I apologize. Aller: It’s big and we spend a lot of time trying to make them presentable so they look good. So we have a window view and then to have that. Weick: Oh the sign yeah. Walters: So due to the zooming in is a little fuzzy but this is looking at what a pick up sign in a parking spot. Randall: So is that one 2 feet wide? Walters: Yep. So the base on that one is 2 feet wide. Randall: And so that’s conforming too with the number of letters and stuff? Walters: Yep. Yeah I had a, we did some measurements and it conforms to the standards. Weick: And it’s got to be, it’s got to be right because it’s, you have to be able to read the words. Yeah I get it. Aanenson: Right the words are lower…so it’s pretty discreet. Aller: Very helpful. Chanhassen Planning Commission – May 15, 2018 55 Aanenson: And again it’s the big box. We’re not putting them at restaurants. Yeah because restaurants do do it but they’re on a sign post. Aller: But it’s the post. Aanenson: Yeah. Madsen: And limiting it to one per business? Walters: Yes we are. Madsen: I thought I saw that? Okay. Aller: Wait, what? Walters: It’d be one per business so they wouldn’t be able to put 6 of these in their parking lot. They get one pick up area a sign. Aanenson: But typically when we put. Aller: And put 4 stalls… Put you in the right area. Madsen: Oh it could cover 4 stalls. Aller: Well it could cover the whole row and they just, but we’re going to give them one sign so that they can find the row with that sign. That’s where the people are going to be. Madsen: Okay. Weick: I may be getting tired. As you all noted I’m getting older. Aller: Well then you can certainly make a motion and move this along. Weick: I will make a motion. The Chanhassen Planning Commission recommends that the City Council adopt the attached ordinance amending Chapters 1 and 20 of the city code concerning signs. Aller: Having a motion, do I have a second? Undestad: Second. Aller: I have a motion and a second. Any further discussion? Chanhassen Planning Commission – May 15, 2018 56 Weick moved, Undestad seconded that the Chanhassen Planning Commission recommends that the City Council adopt the attached ordinance amending Chapters 1 and 20 of the City Code concerning signs. All voted in favor, except Tietz who opposed and the motion carried with a vote of 6 to 1. APPROVAL OF MINUTES: Commissioner Randall approved the verbatim and summary Minutes of the Planning Commission meeting dated February 20, 2018 as presented, and the summary Minutes of the Planning Commission work session meeting dated April 3, 2018 as presented. COMMISSION PRESENTATIONS. None. ADMINISTRATIVE PRESENTATIONS. Aanenson: So I passed out or included in your packet an article that was written by a planning commissioner from Chaska just talking about you know the same things we hear here. Why didn’t get a certain restaurant and the like so I thought that may have been of interest. The other articles I put in, in front of you were, they were sent over from our consultant that we’re working on the downtown vision plan. If you’d take a minute to take those home and read them. They’re kind of interesting. Kind of talking about suburban and downtown. Some of the things that we’re working on. A couple other things before we go through upcoming agendas. Want to talk about what’s going on in town since we haven’t met for a little while. So as you notice Mission Hills is under construction. They’re having ground breaking next Monday so I think they’re going to try to get a footing in next week so that’s going gang busters. Venue and Aldi’s will start June 1st. They have come in and met with the building department. All their plans are ready to be issued so they’re just doing some housekeeping and they anticipate finishing August of 2019 so that’s the Venue/Aldi project right downtown here. Another big permit that came in is for the Life Time. Their second corporate office. They had two mirror buildings there so the second one they put the footings and foundation in and so now they’ll complete the rest of that building so that permit is in now so you’ll be seeing that building go up so kind of warm up that corner there. Also we talked about Target who did a fantastic remodel job and that’s now completed so those of us that don’t have to work around storage and trucks out there. And then Cub is also in for a remodel on their store too so we do anticipate Panera getting, that permit’s ready to be issued. The last thing was a limited use permit for a trail along Highway 5. That was on the council meeting last Monday but that should be ready to go also so hopefully we’ll see that construction going. There are some other things in the works but we’ll share that with you as we can, maybe your next meeting. So we do have a meeting on June 19th and yes you do have two variances on that meeting. So no matter what we do with that roll, it’s going to take a little while to roll out the hard cover so, yeah and we’ll also have the transmission line, conditional use for a couple hundred feet of transmission line. We also have a subdivision with a variance. It’s not for hard cover. It’s just for lot width up on Red Cedar. Closer to Minnewashta Parkway and as of now we’re still planning on having a public hearings for the Comprehensive Plan on the 17th. We did review that all with the City Council last night where we were with all the Chanhassen Planning Commission – May 15, 2018 57 changes and that’s what you saw on your April 3rd meeting. Your work session so we’re up to date on that and then actually the good news is that Vanessa’s gotten 3 comments back. What we were worried about is catching up on the watershed district rules so we did get comments back from 3 of the watershed districts so we just have to incorporate those things into the plan so I think a lot of those hearings we’ll probably spend more time on the stormwater than we will on the planning. There’s just 2 issues that are still ongoing. Those are people that want changes so we’ll talk a little bit more about that. And then last but not least Avienda wanted to get their grading permit at the City Council, at their next meeting. The City Engineer and the applicant spent a couple hours with the watershed district today going through all those changes so that, we’re shooting probably for a June date on that. Getting to the watershed district in July so that grading won’t happen til then. We do get a lot of calls on that where the staff says they are working on it as are we working on that but that’s what I have. And we usually do not meet on July 3rd. People are usually out here having fun so that’s where we hope you all are too so we didn’t have a meeting on that date but anything that changes we’ll always put in the packet so that’s all I had. Aller: Awesome. And I’ll entertain a motion to adjourn. Undestad moved, Randall seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 7 to 0. The Planning Commission meeting was adjourned at 9:40 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim CITY COUNCIL STAFF REPORT Monday, June 11, 2018 Subject Ordinance 632: Amendments to City Code­Chapters 1, 4, 10, and 20 Section CONSENT AGENDA Item No: D.3. Prepared By MacKenzie Walters, Assistant Planner File No:  PROPOSED MOTION “The Chanhassen City Council approves an Ordinance amending Chapters 1, 4, 10, and 20 of the Chanhassen City Code, and approves a Summary Ordinance for Publication Purposes.” City Council approval of the ordinance requires a simple majority vote of the City Council; however, approval of the summary ordinance requires a four fifth majority. Council approval requires a 4/5 Vote. BACKGROUND Staff periodically reviews areas of the City Code that could potentially be amended to close loopholes, remove obsolete provisions, improve clarity, or allow for increased flexibility. On April 23, 2018 the City Council received a packet of issue papers detailing potential amendments to Chapters 1, 4, 5, 10, and 20 of the City Code. These amendments addressed: 1) Craft Alcohol Production; 2) Beekeeping; 3) Fringe Business District Uses; 4) Adult Daycare in OI Districts; 5) Pervious Pavements; and, 6) Onsite Pickup/Drive Up Signs. The City Council instructed staff to schedule a public hearing for all of the proposed amendments except for Fringe Business District Uses, which they instructed staff to research further. On May 15, 2018, the Planning Commission held a public hearing on the proposed amendments and after receiving feedback from the public voted to recommend the City Council approve the amendments addressing: 1) Craft Alcohol Production; 2) Adult Daycare in OI Districts; and, 3) Onsite Pickup/Drive Up Signs to the City Council. Each of these items and comments made during the public hearing will be summarized below, with the full staff report available as a separate attachment. The Planning Commission also voted to advance the amendment on Pervious Pavements which is presented as a separate agenda item, and voted to table the Beekeeping amendment, instructing staff to revise it to allow for smaller lot sizes and include a permit requirement before bringing it back for further discussion on June 5, 2018. DISCUSSION Craft Alcohol Production CITY COUNCIL STAFF REPORTMonday, June 11, 2018SubjectOrdinance 632: Amendments to City Code­Chapters 1, 4, 10, and 20SectionCONSENT AGENDA Item No: D.3.Prepared By MacKenzie Walters, Assistant Planner File No: PROPOSED MOTION“The Chanhassen City Council approves an Ordinance amending Chapters 1, 4, 10, and 20 of the Chanhassen CityCode, and approves a Summary Ordinance for Publication Purposes.”City Council approval of the ordinance requires a simple majority vote of the City Council; however, approval of thesummary ordinance requires a four fifth majority.Council approval requires a 4/5 Vote.BACKGROUNDStaff periodically reviews areas of the City Code that could potentially be amended to close loopholes, removeobsolete provisions, improve clarity, or allow for increased flexibility.On April 23, 2018 the City Council received a packet of issue papers detailing potential amendments to Chapters 1,4, 5, 10, and 20 of the City Code. These amendments addressed: 1) Craft Alcohol Production; 2) Beekeeping; 3)Fringe Business District Uses; 4) Adult Daycare in OI Districts; 5) Pervious Pavements; and, 6) Onsite Pickup/DriveUp Signs. The City Council instructed staff to schedule a public hearing for all of the proposed amendments except forFringe Business District Uses, which they instructed staff to research further.On May 15, 2018, the Planning Commission held a public hearing on the proposed amendments and after receivingfeedback from the public voted to recommend the City Council approve the amendments addressing: 1) Craft AlcoholProduction; 2) Adult Daycare in OI Districts; and, 3) Onsite Pickup/Drive Up Signs to the City Council. Each of theseitems and comments made during the public hearing will be summarized below, with the full staff report available as aseparate attachment. The Planning Commission also voted to advance the amendment on Pervious Pavements which ispresented as a separate agenda item, and voted to table the Beekeeping amendment, instructing staff to revise it toallow for smaller lot sizes and include a permit requirement before bringing it back for further discussion on June 5,2018.DISCUSSION Craft Alcohol Production Report Summary: There has been significant interest within the city around attracting a brewery or microdistillery; however, the city’s current ordinance limits these facilities to industrial areas and does not permit brewpubs, taprooms, or cocktail rooms. In order to permit these types of uses the city would need to create zoning standards for these uses, establish what zoning districts they are permitted in, and create the appropriate liquor licenses.Staff believes that a brewpub, taproom, or cocktail room could be an asset to our community and expects that smaller establishments would have a similar impact to a restaurant with alcohol service. Ordinance in Brief: Staff proposes allowing microdistilleries and smaller breweries, those producing less than 3,500 barrels a year, with cocktail rooms/taprooms to locate in districts zoned highway and business service, central business, general business, and industrial office park as a permitted use, subject to general performance standards. Brewpubs would be treated similarly, although not allowed in industrial office park districts. Breweries producing over 3,500 barrels a year would require a conditional use permit with conditions similar to those currently imposed on food processing plants. Staff is proposing the creation of cocktail room, taproom, and small brew off­sale licenses along with an amendment to the city’s temporary liquor license to allow for craft alcohol production. Public Hearing: No member of the public spoke during the public hearing. Chairperson Aller asked if existing restaurants would be able to add a brewery component under the proposed ordinance. Staff indicated that the proposed ordinance would permit that type of expansion. Commissioner Madsen asked for clarification on food service in industrial office park (IOP) districts. Staff clarified that the intent was to maintain the industrial orientation of IOP districts, which do not permit restaurants, and that cocktail/taprooms could partner with existing restaurants to have food delivered to patrons. Commissioner McGonagill expressed concern about not requiring food service as part of the taproom/cocktail room licenses, and asked if that could be added. Staff noted that most of these establishments have a food component, either onsite or by partnering with delivery restaurants, but that some of the entities they had spoken to in researching the ordinance had indicated they wanted to focus only on alcohol production and did not want to also have a restaurant component. Commissioner McGonagill asked how block parties and events would be handled. Staff stated that they would be required to go through and abide by the city’s special/temporary event ordinance. The Planning Commission voted unanimously to recommend approval. Adult Daycare in OI Districts Report Summary: Churches have expressed interest in providing adult daycare services as an accessory use within the Office Industrial (OI) district; however, the City Code prohibits adult daycares within the OI district. Staff believes that these are compatible uses which have been allowed in many communities without issue. Ordinance in Brief: Staff proposes amending the City Code to allow adult daycares as a permitted accessory use for churches within OI districts. Public Hearing: No member of the public spoke during the public hearing; however, Prairie Adult Care Inc. did submit a letter of support for the proposed amendment (attached). Commissioner Madsen asked if Churches would need to upgrade to be ADA compliant as part of providing adult daycare services. Staff clarified that any facility would need to meet state licensure requirements and standards.  The Planning Commission voted unanimously to recommend approval. Onsite Pickup/Drive Up Signs Report Summary: Many retailers are offering customers the option to buy goods online/remotely and then have the goods loaded directly into their car onsite; however, Chanhassen’s existing provisions regulating directional signage do not align with industry trends for these types of signs. Staff believes that amending the city sign code to accommodate this taller form of directional signage denoting pick up/drive up areas within parking lots will help stores stay competitive and not CITY COUNCIL STAFF REPORTMonday, June 11, 2018SubjectOrdinance 632: Amendments to City Code­Chapters 1, 4, 10, and 20SectionCONSENT AGENDA Item No: D.3.Prepared By MacKenzie Walters, Assistant Planner File No: PROPOSED MOTION“The Chanhassen City Council approves an Ordinance amending Chapters 1, 4, 10, and 20 of the Chanhassen CityCode, and approves a Summary Ordinance for Publication Purposes.”City Council approval of the ordinance requires a simple majority vote of the City Council; however, approval of thesummary ordinance requires a four fifth majority.Council approval requires a 4/5 Vote.BACKGROUNDStaff periodically reviews areas of the City Code that could potentially be amended to close loopholes, removeobsolete provisions, improve clarity, or allow for increased flexibility.On April 23, 2018 the City Council received a packet of issue papers detailing potential amendments to Chapters 1,4, 5, 10, and 20 of the City Code. These amendments addressed: 1) Craft Alcohol Production; 2) Beekeeping; 3)Fringe Business District Uses; 4) Adult Daycare in OI Districts; 5) Pervious Pavements; and, 6) Onsite Pickup/DriveUp Signs. The City Council instructed staff to schedule a public hearing for all of the proposed amendments except forFringe Business District Uses, which they instructed staff to research further.On May 15, 2018, the Planning Commission held a public hearing on the proposed amendments and after receivingfeedback from the public voted to recommend the City Council approve the amendments addressing: 1) Craft AlcoholProduction; 2) Adult Daycare in OI Districts; and, 3) Onsite Pickup/Drive Up Signs to the City Council. Each of theseitems and comments made during the public hearing will be summarized below, with the full staff report available as aseparate attachment. The Planning Commission also voted to advance the amendment on Pervious Pavements which ispresented as a separate agenda item, and voted to table the Beekeeping amendment, instructing staff to revise it toallow for smaller lot sizes and include a permit requirement before bringing it back for further discussion on June 5,2018.DISCUSSIONCraft Alcohol ProductionReport Summary:There has been significant interest within the city around attracting a brewery or microdistillery; however, the city’scurrent ordinance limits these facilities to industrial areas and does not permit brewpubs, taprooms, or cocktail rooms.In order to permit these types of uses the city would need to create zoning standards for these uses, establish whatzoning districts they are permitted in, and create the appropriate liquor licenses.Staff believes that a brewpub,taproom, or cocktail room could be an asset to our community and expects that smaller establishments would have asimilar impact to a restaurant with alcohol service.Ordinance in Brief:Staff proposes allowing microdistilleries and smaller breweries, those producing less than 3,500 barrels a year, withcocktail rooms/taprooms to locate in districts zoned highway and business service, central business, general business,and industrial office park as a permitted use, subject to general performance standards. Brewpubs would be treatedsimilarly, although not allowed in industrial office park districts. Breweries producing over 3,500 barrels a year wouldrequire a conditional use permit with conditions similar to those currently imposed on food processing plants. Staff isproposing the creation of cocktail room, taproom, and small brew off­sale licenses along with an amendment to thecity’s temporary liquor license to allow for craft alcohol production.Public Hearing:No member of the public spoke during the public hearing. Chairperson Aller asked if existing restaurants would be able toadd a brewery component under the proposed ordinance. Staff indicated that the proposed ordinance would permit thattype of expansion. Commissioner Madsen asked for clarification on food service in industrial office park (IOP) districts.Staff clarified that the intent was to maintain the industrial orientation of IOP districts, which do not permit restaurants, andthat cocktail/taprooms could partner with existing restaurants to have food delivered to patrons. CommissionerMcGonagill expressed concern about not requiring food service as part of the taproom/cocktail room licenses, and askedif that could be added. Staff noted that most of these establishments have a food component, either onsite or by partneringwith delivery restaurants, but that some of the entities they had spoken to in researching the ordinance had indicated theywanted to focus only on alcohol production and did not want to also have a restaurant component. CommissionerMcGonagill asked how block parties and events would be handled. Staff stated that they would be required to go throughand abide by the city’s special/temporary event ordinance. The Planning Commission voted unanimously to recommendapproval.Adult Daycare in OI DistrictsReport Summary:Churches have expressed interest in providing adult daycare services as an accessory use within the Office Industrial(OI) district; however, the City Code prohibits adult daycares within the OI district. Staff believes that these arecompatible uses which have been allowed in many communities without issue.Ordinance in Brief:Staff proposes amending the City Code to allow adult daycares as a permitted accessory use for churches within OIdistricts.Public Hearing:No member of the public spoke during the public hearing; however, Prairie Adult Care Inc. did submit a letter of supportfor the proposed amendment (attached). Commissioner Madsen asked if Churches would need to upgrade to be ADAcompliant as part of providing adult daycare services. Staff clarified that any facility would need to meet state licensurerequirements and standards.  The Planning Commission voted unanimously to recommend approval.Onsite Pickup/Drive Up SignsReport Summary:Many retailers are offering customers the option to buy goods online/remotely and then have the goods loaded directlyinto their car onsite; however, Chanhassen’s existing provisions regulating directional signage do not align with industry trends for these types of signs. Staff believes that amending the city sign code to accommodate this taller form of directional signage denoting pick up/drive up areas within parking lots will help stores stay competitive and not adversely impact the aesthetics of these properties. Ordinance in Brief: Staff proposes allowing big box and grocery stores to install one pickup/drive up sign up to 13 feet tall with up to 4 square feet of display area per face in their parking lot without a permit.   Public Hearing: No member of the public spoke during the public hearing. Commissioner Tietz expressed concern that the proposed 13­ foot height was excessive and would create visual clutter. Staff exhibited a photo of a 13­foot high pickup/drive up sign in a parking lot and noted that the need to be visible over surrounding vehicles and location within the parking lot lead to the proposed 13­foot height limit. Commissioner Weick asked for clarification on how pick up spaces would impact the availability of general parking. Staff indicated that pick up customers would otherwise be using normal parking spaces, it was not an issue. Commissioner Weick also expressed concern that all the different types of specialty/reserved parking could lead to a lack of general customer parking. Staff noted that these types of signs would be limited to groceries and big box stores that tend to have significant amounts of parking. The Planning Commission voted 6 to 1 to recommend approval. RECOMMENDATION Staff recommends that the City Council approve the proposed amendments to the City Code. ATTACHMENTS: Staff Report Craft Alcohol Production Staff Report Adult Daycare in OI District Letter of Intent Adult Daycare Staff Report Onsite Pickup/Drive Up Signs Ordinance 632 Summary Ordinance 632 MEMORANDUM TO: Todd Gerhardt, City Manager FROM: MacKenzie Walters, Assistant Planner Bob Generous, Senior Planner DATE: June 11, 2018 SUBJ: Staff Report - Craft Alcohol Production City Code Amendment ISSUE Various entities have contacted the city to inquire about the possibility of opening a brewery or distillery in Chanhassen; however, the City Code does not currently permit the licensing of brewpubs, taprooms, or cocktail rooms. Examples: Brewpub: Granite City Food & Brewery, 5500 Excelsior Boulevard, St. Louis Park Taproom: Excelsior Brewing Company, 421 3rd St. Excelsior Cocktail rooms: J. Carver Distillery, 1320 Mill Ln, Waconia BACKGROUND In 2011 Minnesota passed the “Surely Bill” which allowed brewers to directly sell their own beer on site, pending the appropriate municipal licenses. This law and its subsequent amendments allow cities to create and issue cocktail room licenses, on- and off- sale licenses for brew pubs, brewer taproom licenses, and small brewer off-sale licenses. Cities may also authorize Sunday on-sale for holders of brewer taproom licenses, and Sunday off-sale for holders of small brewer off-sale licenses. Cocktail room licenses are limited to distilleries producing less than 40,000 proof gallons a year. Brew pubs are restricted from selling more than 3,500 barrels a year. Brewer taproom license are limited to breweries producing less than 250,000 barrels a year. Proposed Motion: “The City Council adopts the attached ordinance amending Chapters 1, 4, 10, and 20 of the City Code.” Small brewer off-sale licenses can only be issued to breweries producing less than 20,000 barrels are year. Cideries, facilities that produce hard cider, have also been gaining popularity; however, Minnesota law currently classifies hard cider as a wine which means the above licenses cannot be applied to cideries. A brief discussion on what steps the city would need to take to permit a cidery is included in the analysis section. It is possible that as craft cideries gain in popularity state law will be changed to treat them more similarly to craft breweries and distilleries. Many communities have amended their ordinances to take advantage of these provisions and allow taprooms, brew pubs, cocktail rooms, and other craft alcohol production and consumption venues. The increased permissiveness and flexibility in state and local laws, along with a growing market for craft alcohol, has led to a proliferation of craft alcohol producers. With the rapid growth of the craft alcohol industry and Chanhassen’s strong demographics there has been interest in opening one of these facilities in our community. The City Code does not currently allow the city to license taprooms, cocktail rooms, or brew pubs, and any alcohol production would be restricted to Industrial Office Park Districts (IOP). The city may wish to preemptively consider if it wishes to allow craft alcohol production and under what terms. RELEVANT STATE LAWS Minn. Stat. 340A.101-Definitions: Defines alcohol related terms like brewer, brewery, brew pub, etc. Minn. Stat. 340A.22-Microdistilleries: Specifies that microdistilleries can provide samples and that municipalities may create a cocktail room license allowing the on-sale of their product along with an off-sale license. Minn. Stat. 340A.24-Brew Pubs: Grants municipalities the power to create and grant on-sale and off-sale licenses to brew pubs and restricts what companies can open brew pubs and limits brew pubs’ off-sale volume. Minn. Stat. 340A.26-Brewer Taprooms: Lets cities grant a brewer taproom license to qualifying breweries. It also allows for Sunday on-sale, if authorized by the city. Minn. Stat. 340A.28-Small Brewer Off-Sale: States that municipalities may issue small brewer off-sale licenses, and stipulates volume and product off-sale limits. Minn. Stat. 340A.285-Growlers: Places limits on the packaging of malt liquor sold under 340A.24 and 340A.28. Minn. Stat. 340A.301-Manufacturers, Brewers, and Wholesalers Licenses: Governs the state level licensing of alcohol producers. Minn. Stat. 340A.404-Intoxicationg Liquor; On-Sale Licenses: Allows the city to issue temporary on-sale licenses brewers producing under 3,500 barrels a year and microdistilleries. Minn. Stat. 340A.510-Samples: Allows for and places limits on alcohol producer’s providing product samples. IMPACTED CITY CODE Chapter 1-General Provisions, Sec. 1-2. – Rules of construction and definitions: Need to add definitions for various terms relating to alcohol production. Chapter 4-License, Permit, and Administrative Fee, Article II. – License and other business and public safety related fees, Sec. 4-15. – Fees set.: Need to set fees for new liquor licenses. Chapter 10 – Licenses, Permits and Miscellaneous Business Regulations, Article II. – Alcoholic Beverages, Division 2 – Retail licenses, Sec. 10-19. – Types of license.: Will need to create and define licenses allowing for taprooms, brew pubs, cocktail rooms, amend to allow on-sale to issue samples, and add breweries and microdistillaries to temporary liquor license, etc. Chapter 20 – Zoning, Article IV. – Conditional, Division 4. – Standards for business, office, institutional and industrial districts: CUP criteria will have to be added for breweries with taprooms producing over 3,500 barrels per year. Chapter 20 – Zoning, Article XVII. – “BH” Highway and business services district. Will need to add to uses and conditional uses. Chapter 20 – Zoning, Article XVIII. – “CBD” Central Business district. Will need to add to uses and conditional uses. Chapter 20 – Zoning, Article XIX. – “BG” General business district. Will need to add to uses and conditional uses. Chapter 20 – Zoning, Article XXII. – “IOP” Industrial office park district. Will need to add to uses and conditional uses. Chapter 20- Zoning, Article XXIII. – General Supplemental Regulations, Division 2.- Performance Standards: Will need to add standards for taprooms, brew pubs, and cocktail rooms. Chapter 20 – Zoning, Article XXIV. – Off-Street parking and loading, Division 2. – Parking and loading, Sec. 20-1124. – Required number of on-site parking spaces: Will need to add parking requirements. ANALYSIS Issue 1: Size Craft alcohol production can take a wide variety of forms and occur at vastly different intensities ranging from 250,000 barrel a year operations to nano-breweries producing well under 500 barrels a year. From a legal stand point important distinctions are made for breweries at the 250,000 (maximum size for a taproom), 20,000 (maximum size for growler off-sale), and 3,500 barrel (maximum size for a brew pub) marks and for distilleries at the 40,000 proof gallon (maximum size for a microdistillery) mark. Due to concerns about the potential for breweries and distilleries to generate offensive odors and large volumes of truck traffic, many municipalities choose to limit the size of breweries, especially those located in commercial and business districts. The most common thresholds are 3,500, 5,000, or 20,000 barrels. Communities which selected a limit of 5,000 barrels did so because it was the initial production limit for growler off-sale; however, as more and more breweries have expanded the state raised the limit to 20,000 barrels. Some cities have subsequently amended their ordinances to allow for an upward limit of 20,000 barrels, but most have kept the initial limit of 5,000 barrels. To provide context, the 25th largest Minnesota brewery produced 1,800 barrels of beer in 2016 and Fulton Brewery in Minneapolis has an annual production of around 26,000 barrels and is the 4th largest brewery in Minnesota. In most communities the limits placed upon brewery size follows the statutory thresholds because it is convenient for the purpose of licensing, and also because breweries of similar sizes generate vastly different levels of traffic. Frequency of brewing and distribution methods all factor into the frequency and size of a brewery’s shipments. Similarly, the presence or absence of a taproom and its size contribute substantially to a brewery’s trip generation. Since each brewery has a substantially different traffic impact there is no good data available for projecting the traffic that will be generated by a typical brewery of a specified size. The same variables apply to microdistilleries as well. The other major size related concern is the potential for craft alcohol producers to generate offensive odors. Typically, a brewery gives off a yeasty smell similar to that of a bakery on days when brewing is occurring and microdistillaries can produce odors when aging their product. Cities with experience with craft alcohol producers do not report receiving complaints about odors generated by these uses in commercial and business districts, and anecdotally the scent generated is reported to be in line with that of a similarly sized bakery or restaurant. Again, there does not seem to be a clear correlation between size and odor generated, or an established threshold for when the odor becomes offensive. Limiting brewers to 5,000 barrels and distilleries to 40,000 proof gallons within commercial and business districts would be consistent with most communities of our size and should not generate either traffic or odor issues. It may be appropriate to allow distribution oriented brewers in industrial districts to produce up to 20,000 barrels. Concerns about the impact of craft alcohol producers on adjacent properties should be mitigated by classifying breweries producing over 3,500 barrels as conditional uses. Smaller craft alcohol producers are unlikely to have impacts significantly different from other permitted uses and should be classified as permitted uses. Issue 2: Type of facility Craft alcohol producers often wish to have an onsite taproom or cocktail room, and some also operate on-site restaurants. Craft alcohol producers with these types of associated on-sale activities can take on the feel of bars or restaurants and have a similar impact on surrounding properties; however, due to the unique nature of their products and atmosphere they tend to draw from a larger market area. These types of uses have the capacity to become significant destinations within a community. Breweries and distilleries that desire to provide food service have the ability to co-locate a restaurant onsite with their cocktail room or taproom, if a city’s zoning code permits both alcohol production and restaurants. Often times breweries and distilleries are located in industrial districts where restaurants are not permitted. Some cities have placed prohibitions to prevent the holders of taproom and cocktail room licenses from operating on-site restaurants, but the state licensure permits establishments to hold both a restaurant and taproom or cocktail room license. Breweries interested in on-site food service also have the option of operating as brew pub. Brew pubs are best understood as restaurants with alcohol production as an accessory use. In practice they operate in a manner virtually indistinguishable from restaurants and have similar impacts. Taprooms and cocktail rooms that do not serve food on site often engage food trucks or allow patrons to carry in food from home or nearby restaurants. In instances where taprooms are located adjacent to restaurants and other commercial uses this can help attract visitors and generate revenue for surrounding businesses. Since Chanhassen does not allow food trucks, except in conjunction with approved outdoor events, it is anticipated that a taproom or cocktail room locating in the city would partner with local restaurants or have an onsite restaurant component to provide food options for their patrons. There is not a strong rational for allowing craft alcohol producers but not permitting them to have taprooms or cocktail rooms, and some communities require that craft alcohol producers located in commercial districts have an associated taproom or cocktail room. Many communities choose to regulate the size of these taprooms or cocktail rooms, either by percentage of floor space or by setting an absolute cap on square footage. The rational for this is presumably to prevent an intensive commercial use within industrial districts and to avoid the creation of spaces that function as de facto bars. For most of the city’s industrial districts the limits imposed by the city’s parking requirements and existing stipulation that no more than 20 percent of floor area may be retail space would make large taprooms or cocktail rooms unworkable. Encouraging or requiring craft alcohol producers to have a taproom or cocktail room helps them to serve as local or regional destinations; however, brewpubs may not have a synergistic effect with existing businesses as they are a self-contained restaurant. It is not apparent that explicitly limiting the size of taprooms or cocktail rooms is necessary, although it is a somewhat common practice. Issue 3: Permitted versus Conditional Use Cities that choose to allow taprooms and cocktail rooms have the choice of either allowing them as a permitted or conditional use. The general trend is for cities to either classify all alcohol production as a conditional use or to establish size or production volumes beyond which a CUP is required. Typically, cities allow for higher volumes of production but less retail activity in industrial districts and lower production limits but larger retail footprints in commercial districts. Allowing craft alcohol production as a permitted use often makes sense in districts designed for industrial activities where considerations such as odor, truck traffic, and the location/screening of loading docks are easily addressed by general conditions or district standards. Other provisions within City Code, such as parking requirements or a cap on the percentage of an industrial site that can be used for retail purposes, limit the impact that the taproom or cocktail room can have upon adjacent land uses. Similarly, allowing a brewpub, which is essentially a restaurant with a small accessory production element, to locate as a permitted use within commercial districts makes sense as the existing provisions governing restaurants are often sufficient to address the brew pub’s impacts. Since breweries of similar size tend to generate drastically different amounts and types of traffic depending on their business plan, it can be difficult to account for their potential impacts through general conditions. For example, a distribution oriented brewery with a small taproom would have an impact very similar to a food processing plant; whereas, a brewery that sold the vast majority of its product through its taproom would have an impact very similar to a bar or tavern. A zoning provision allowing a small brewery with associated taproom as a permitted use would allow for both of these business models, and staff does not believe that breweries producing under 3,500 barrels a year using either model are likely to negatively impact surrounding land uses. Classifying taprooms and cocktail rooms as conditional uses allows for cities to better evaluate the proposed use and site in the context of the surrounding sites and ensure that potential negative impacts are mitigated. Staff believes that larger hybrid industrial/retail uses like taprooms and cocktail rooms have unique needs and impacts that justify classifying them as conditional uses when production volumes exceed 3,500 barrels per year. Issue 4: Location One of the reasons that municipalities have been so keen to embrace craft alcohol producers is that they have the capacity to become destinations within a community. They can draw people to downtowns or commercial districts and can even serve as catalysts for redevelopment when located in vacant industrial properties. Some cities restrict all alcohol production, regardless of scale, to industrial districts, but many allow smaller facilities with associated taprooms/cocktail rooms to locate in commercial and business districts. Some cities restrict breweries and distilleries from having an on-site restaurant; whereas, others limit brew pubs to commercial districts. The majority of Chanhassen’s commercial properties are located downtown; however, the recently approved Avienda development will also create a new commercial hub near the intersection of 212 and Lyman. Since the city does not have a significant inventory of industrial properties in need of redevelopment, staff believes that commercial districts intended to serve the entire community or have a regional draw are the most appropriate places to allow taprooms and cocktail rooms, especially if they have associated restaurants. Some sites zoned for industrial use may also be appropriate locations for breweries or distilleries with a more distribution oriented business model where the taprooms or cocktail rooms have a more accessory function. The table below shows staff’s recommended zoning for craft alcohol producers. Proposed Craft Alcohol by Commercial and Industrial Districts Zoning District Production only Taproom/Cocktail Room (< 3,500 barrels) Taproom/Cocktail Room (> 3,500 barrels) Brewpub/Restaurant component Neighborhood Business (BN) No No No No Highway and Business Services (BH) No Yes CUP Yes Central Business (CBD) No Yes CUP Yes Community Commercial (CC) No No No No General Business District (BG) No Yes CUP Yes Fringe Business District (BF) No No No No Office and Institutional District (OI) No No No No Industrial Office Park (IOP) CUP* Yes CUP No Note: Production only facilities are currently allowed within the city’s IOP districts as a conditional use under the “food processing” category. In addition to the above general zoning districts the city also has the ability to create or amend Planned Unit Development (PUD) Districts. Existing PUDs can be amended to allow craft alcohol production when their underlying zoning district would otherwise permit it and/or when the proposed use is a good fit for the district. The inclusion of craft alcohol production in future PUDs would be established by the Planning Commission and City Council as part of the creation of those districts; however, staff anticipates that PUDs in areas guided for mixed commercial and residential uses could be well suited for craft alcohol production. Issue 5: Parking Craft alcohol producers with associated retail features have both production and retail characteristics. This can create difficulties in determining how much parking is appropriate. Most municipalities have solved this dilemma by requiring the facility’s production area to meet manufacturing parking requirements and its retail area to meet bar or restaurant parking requirements. In Chanhassen this would mean one space for each 1,000 square feet of gross production area and one space for each 50 square feet of gross retail area. Issue 6: Craft Cider The City Code allows for the production of craft cider within any area zone IOP, but the manufacturer would be unable to sell their product on premise. If the manufacturer operated a restaurant at the location of manufacture the city could possibly issue either a wine license or on- sale liquor license to the facility. To accommodate this arrangement, the city would need to amend the zoning code to allow restaurants as an accessory use at a production facility, production as an accessory use at a restaurant, or create cideries as a permitted use in one or more districts. Since there are currently no state level licenses designed to accommodate cideries and there is significantly lower interest in craft cider than either craft breweries or distilleries, staff recommends waiting for state action. If the city were to receive a request to open a cidery under the current regulatory scheme, the city could examine what ordinance amendments it feels are appropriate to accommodate the proposed use. Note: Sociable Cider Werks, a cidery in Minneapolis, does operate a taproom under a brewery license. This is due to the fact that they use grains and hops as bittering agents rather than spitters (bitter apples). This means their product is technically graft rather than cider. Graft is classified as a malt liquor and, thus, its production can be governed by brewery provisions. Issue 7: Temporary Liquor Licenses State law allows for municipalities to issue to temporary on-sale licenses to brewer’s manufacturing fewer than 3,500 barrels of malt liquor in a year or microdistilleries in connection with a social event within the municipality sponsored by the brewer or microdistillery. No more than one of these license can be issued per organization per month, and for no more than a total of twelve days per year. The city’s existing provisions governing temporary liquor licenses were adopted before the state loosened its restrictions on craft alcohol production, and it limits temporary liquor licenses recipients to clubs, religious, nonprofit, or political committees. In order to allow a local brewery or microdistillery to organize and serve alcohol at off premise social events the city would need to amend its temporary liquor license to include the state provisions that allows craft alcohol producers to receive these licenses. Many craft alcohol producers organize summer block parties, street festivals, outdoor concerts, and other off premise social events. These events can draw significant numbers of people and are part of how craft alcohol producers help promote and bring visitors to a community. Staff anticipates that any brewery/microdistillary that located in Chanhassen would be interested in the possibility of sponsoring social events within the city and recommends that the city’s temporary on-sale license be amended to include craft alcohol producers. Issue 8: Samples State law allows for the holders of both on- and off-sale liquor licenses to offer product samples; however, the City Code restricts this to off-sale licenses. It is common practice for craft alcohol producers to provide patrons with samples of their product in order to help them identify which style of drink they would like purchase. The state’s microdistillery statute includes a sampling provision, but the brewer taproom provision does not. To avoid confusion staff recommends that the city’s sampling ordinance be amended to include the states language specifically allowing holders of both on- and off- sale liquor licenses to offer product samples. ALTERNATIVES 1) Wait until the city is formally approached by a party interested in opening a craft alcohol production facility and limit any ordinance changes to those specifically required to accommodate the proposed use. 2) Amend the City Code to allow breweries with taprooms and microdistilleries with cocktail rooms as conditional uses in specific districts. 3) Amend the City Code to allow breweries with taprooms, microdistilleries with cocktail rooms, and brew pubs as conditional uses in specific districts. 4) Amend the City Code to allow breweries with taprooms and microdistilleries with cocktail rooms in specific districts 5) Amend the City Code to allow breweries with taprooms, microdistilleries with cocktail rooms, and brew pubs in specific districts. 6) Amend the City Code to allow breweries with taprooms, microdistilleries with cocktail rooms, and brew pubs in specific districts, with breweries with taprooms producing over 3,500 barrels per year being classified as conditional uses. RECOMMENDATION Staff believes that a craft alcohol producer with an associated taproom, cocktail room, or restaurant could be an assent to downtown and recommends alternative 6. A possible regulatory scheme for craft alcohol production is provided below: Chapter 1 – General Provisions Sec. 1-2. - Rules of construction and definitions. Brew Pub is a brewer who also holds one or more retail on-sale licenses and who manufactures fewer than 3,500 barrels of malt liquor in a year, at any one licensed premises, the entire production of which is solely for consumption on tap on any licensed premises owned by the brewer, or for off-sale from those licensed premises as permitted in Minn. Stat. 340A.24. subdivision 2. Brewer is a person who manufactures malt liquor for sale. Brewery is a location where malt liquor is manufactured for sale. Cocktail room is a location in or adjacent to a microdistillery where the owner of the is a location in or adjacent to a distillery where the owner of the distillery sells distilled spirits produced by the distiller for consumption on the premises or for off-site consumption as provided for in Minn. Stat. sells distilled spirits produced by the distillery for consumption on the premises or for off-site consumption as provided for in Minn. Stat. 340A.22. Distiller is a person who manufactures distilled spirts for sale. Distilled spirits is ethyl alcohol, hydrated oxide of ethyl, sprits of wine, whiskey, rum, brandy, gin, and other distilled spirits, including all dilutions and mixtures thereof, for nonindustrial use. Malt Liquor “Malt liquor” is any beer, ale or other beverage made from malt by fermentation and containing not less than one-half of one percent alcohol by volume. Microdistillery is a distillery operated within the state producing premium distilled spirits in a total quantity not to exceed 40,000 proof gallons in a calendar year. Small Brewer is a brewery that produces less than 20,000 barrels of malt liquor in a year. Tap Room is a location in or adjacent to a brewery where the owner of the brewery sells malt liquor produced by the brewery for consumption on the premises or for off-site consumption as provided for in Minn. Stat. 340A.28 and 340A.285. Chapter 4 – License, Permit, and Administrative Fees ARTICLE II. - LICENSE AND OTHER BUSINESS AND PUBLIC SAFETY RELATED FEES Sec. 4-15. - Fees set. The fees for the various licenses required by this Code are set forth in this section as follows: (a) Liquor license fees: 1. The annual license fee for an on-sale intoxicating liquor license shall be: Floor Area: Under 3,000 Sq. Ft. Floor Area: 3,000—6,000 Sq. Ft. Floor Area: Over 6,000 Sq. Ft. Restaurant $6,115.00 $ 9,609.00 $13,104.00 Exclusive liquor store $7,862.00 $11,356.00 $14,851.00 2. Various other license fees shall be set as follows: Off-sale intoxicating .....$200.00* Off-sale nonintoxicating .....58.00 On-sale nonintoxicating .....410.00 Sunday sales .....200.00* Wine/beer license .....410.00 On-Sales Brewer Taproom…..$400.00 On-Sales Cocktail Room…..$400.00 Small Brewer Off-Sale…..$200.00 Microdistillery Off-Sale…..$200.00 *Fees that are established by state statute. 3. The fees to conduct a background investigation on liquor license applications for owners, officers or operating managers shall be (per person investigated) .....250.00 This includes new applications as well as changes in officers or operating managers of existing license holders. 4. Temporary on-sale liquor licenses shall be .....1.00 Chapter 10 – Licenses, Permits and Miscellaneous Business Regulations Article II. – Alcoholic Beverages Division 2 – Retail Licenses Sec. 10-19. - Types of licenses. The following types of licenses are issued under this article: (h) Temporary on-sale intoxicating liquor licenses. 1) The city council may issue to a club or charitable religious or nonprofit organization in existence for at least three years or to a political committee registered under M.S. § 10A.14 a temporary license for the on-sale of intoxicating liquor in connection with a social event within the city sponsored by the licensee. The license may authorize the on-sale of intoxicating liquor for not more than four consecutive days, and may authorize on-sales on premises other than premises the licensee owns or permanently occupies. The license may provide that the licensee may contract for intoxicating liquor catering services with the holder of a full-year on-sale liquor license issued by the city. The licenses are subject to the terms, including license fee, imposed by the city. The licenses issued under this section are subject to all laws and ordinances governing the sale of intoxicating liquor except M.S. § 340A.409 and § 340A.504, subd. 3, paragraph (d), and the laws and ordinances which by their nature are not applicable. 2) The city council may issue to a brewer who manufactures fewer than 3,500 barrels of malt liquor in a year or a microdistillery a temporary license for the on-sale of intoxicating liquor in connection with a social event within the municipality sponsored by the brewer or microdistillery. The terms and conditions specified for temporary licenses under paragraph (1) shall apply to a license issued under this paragraph, except that the requirements of section M.S. § 340A.409 subd. 1 to 3a, shall apply to the license. 3) Limitations on temporary on-sale intoxication liquor licenses. Temporary licenses must first be approved by the commissioner of public safety before they become valid. No more than three four-day, four three-day, or six two-day temporary licenses, in any combination not to exceed 12 days per year, may be issued for the sale of alcoholic beverages to any one organization or registered political committee, or for any one location, within a 12-month period. Not more than one temporary license may be issued to any one organization or registered political committee, or for any one location, within any 30-day period. (k) On-Sales Brewer Taproom License. May be issued to a brewery licensed under Minn. Stat. Section 340A.301, subdivision 6, clause (c), (i), or (j) for the on sale of malt liquor produced by the brewer for the consumption on the premises of or adjacent to one brewery location owned by the brewer as provided in Minn. Stat. Section 340A.26. (1) On-Sales Brewer Taproom License Holders are allowed Sunday on-sales as provided in Minn. Stat 340A.26 and do not require a separate On Sale Sunday Liquor License. No Sunday on-sales are allowed before 10:00 a.m. or after 10:00 p.m. (l) Small Brewer Off-Sale License. May be issued to a brew pub or brewery licensed under Minn. Stat. Section 340A.301 for the off-sale of malt liquor at its licensed premises that has been produced and packaged by the brewer as provided in Minn. Stat. 340A.24, 340A.28, and 340A.285. (1) Small Brewer Off-Sale License holders are allowed Sunday off-sale of as provided in Minn. Stat. 340A.24 and 340A.28, and 340A.285. No Sunday off-sales are allowed before 10:00 a.m. or after 10:00 p.m. (m) On-Sales Cocktail Room license may be issued to a microdistillery for the on sale of distilled spirits produced by the distiller for the consumption on the premises of or adjacent to one distillery location owned by the distiller as provided in Minn. Stat 340A.22. (1) On-Sales Cocktail Room License Holders are allowed Sunday on-sales as provided in Minn. Stat 340A.22 and do not require a separate On Sale Sunday Liquor License. No Sunday on-sales are allowed before 10:00 a.m. or after 10:00 p.m. (n) Microdistillery Off-Sale License. May be issued to a microdistillery for the off-sale of distilled spirits as provided in Minn. Stat. 340A.22. (1) Microdistillery Off-Sale License Holders are allowed Sunday off-sales as provided in Minn. Stat 340A.22 and do not require a separate On Sale Sunday Liquor License. No Sunday off-sales are allowed before 10:00 a.m. or after 10:00 p.m. Sec. 10-53. - Samples. On- or off-sale licensees may provide or permit a licensed manufacturer or wholesaler or its agents to provide on the premise of the retail licensee samples of malt liquor, wine, liqueurs, cordials, and distilled spirits which the licensee currently has in stock and is offering for sale to the general public without obtaining an additional license, provided the malt liquor, wine, liqueur, cordial, and distilled spirits samples are dispensed at no charge and consumed on the licensed premises during the permitted hours of off sale in a quantity less than 100 milliliters of malt liquor per variety per customer, 50 milliliters of wine per variety per customer, 25 milliliters of liqueur or cordial, and 15 milliliters of distilled spirits per variety per customer. Chapter 20 – Zoning Article IV. – Conditional DIVISION 4. - STANDARDS FOR BUSINESS, OFFICE, INSTITUTIONAL AND INDUSTRIAL DISTRICTS[8] 20-285.5 Brewery operated in conjunction with a taproom, producing more than 3,500 barrels of malt liquor per year. The following applies to all breweries operated in conjunction with a taproom: (1) The brewery shall not produce more than 5,000 barrels of malt liquor per year, unless they are located in an area zoned Industrial Office Park (IOP), in which case the brewery shall not produce more than 20,000 barrels of malt liquor per year. (2) An outdoor seating area is permitted provided: it has an enclose and the enclosure is not interrupted; access to the seating area must be through the principle building; its hours of operation shall be no later than 10:00 p.m. Sunday-Thursday and 12:00 a.m. Friday-Saturday; and, the outdoor seating area must be located and designed so as not to interfere with pedestrian and vehicular circulation. (3) Shipping and receiving areas shall be located behind the facility or otherwise screened from view. (4) Compliance plan must be submitted to the city including: a. An inventory of potential or identified odor emission point sources associated with the industry or source. b. An engineering quality plan detailing best available control technologies and appurtenances designed to eliminate or achieve the maximum reduction of odor pollution from an emission point source inclusive of, but not necessarily limited to certain processes, procedures, or operating methods intended to mitigate or control odor pollution. c. A detailed explanation of the specifications and operating parameters of the best available control technologies, monitoring instrumentation and equipment, and processes and procedures intended for the mitigation or control of odor pollution. d. A specification of the documentation that will be made available for the city's review which will verify the data produced by the monitoring equipment, and which will verify that processes and procedures are conducted consistent with the specifications in the facility's odor control study and plan. e. An approved schedule which states, in a time certain manner, the implementation and installation of the best available control technology, processes, procedures, operating methods, and monitoring instrumentation designed to mitigate or control odors at the facility inclusive of an approved completion date. f. An acknowledgment of the authority of the city and its agents to enter into the facility or its property in order to investigate complaints and to verify the facility's adherence to the compliance plan. Article XVII. – “BH” Highway and Business Services District Sec. 20-712. - Permitted uses. The following uses are permitted in a "BH" district: (1) Antennas as regulated by article XXX of this chapter. (2) Car wash. (3) Community center. (4) Convenience stores without gas pumps. (5) Day care center. (6) Fast-food restaurant. (7) Financial institutions with/or without drive-through services. (8) Funeral homes. (9) Health services. (10) Liquor stores. (11) Miniature golf. (12) Motels and hotels. (13) Offices. (14) Personal services. (15) Private clubs and lodges. (16) Reserved. Brewery operated in conjunction with a taproom producing less than 3,500 barrels per year. (subject to the requirements of section 20-969) (17) Shopping center. (18) Specialty retail shops. (19) Standard restaurants. (20) Utility services. (21) Brew pub (subject to the requirements of section 20-968) (22) Microdistillery operated in conjunction with a cocktail room. (subject to the requirements of section 20-967) Sec. 20-714. - Conditional uses. The following are conditional uses in a "BH" district: (1) Automobile rental facilities. (2) Automotive repair shops. (3) Convenience stores with gas pumps. (4) Emission control testing stations. (5) Garden centers. (6) Motor fuel stations. (7) Outdoor storage. (8) Brewery operated in conjunction with a taproom, producing over 3,500 barrels per year. (9) Small vehicle sales. (10) Supermarkets. (11) Towers as regulated by article XXX of this chapter. Article XVIII. – “CBD” Central Business District Sec. 20-732. - Permitted uses. The following uses are permitted in a "CBD" district: (1) Antennas as regulated by article XXX of this chapter. (2) Ballroom. (3) Barber and beauty salons and spas including hair, nail, skin and scalp services. (4) Bars and taverns. (5) Bowling center. (6) Clothing rental. (7) Clubs and lodges. (8) Coin-operated service machines. (9) Community center. (10) Convenience stores without gas pumps. (11) Convention and conference facilities. (12) Costume rental. (13) Cultural facilities. (14) Day care center as part of shopping center. (15) Fast-food restaurants as part of shopping center. (16) Financial institutions. (17) Health and recreation clubs, instructions and services. (18) Health services, outpatient only. (19) Hotels. (20) Laundry and garment services including self-service. (21) Locker rental. (22) Multiple-family dwellings, including senior citizen housing. (23) Newspaper offices. (24) Offices. (25) Parking ramp. (26) Photographic studios. (27) Print shops. (28) Quilting and scrap booking. (29) Retail sales. (30) Schools. (31) Shoe repair shops and shoeshine parlors. (32) Shopping center. (33) Sporting goods rental. (34) Standard restaurants. (35) Tattoo and body art and piercing services (MS ch. 146B). (36) Theatrical producers and services. (37) Utility service. (38) Wedding chapel. (39) Brewery operated in conjunction with a taproom producing less than 3,500 barrels per year. (subject to the requirements of section 20-969) (40) Brew pub (subject to the requirements of section 20-968) (41) Microdistillery operated in conjunction with a cocktail room. (subject to the requirements of section 20-967) Sec. 20-734. - Conditional uses. The following are conditional uses in a "CBD" district: (1) Brewery operated in conjunction with a taproom, producing over 3,500 barrels per year. (2) Freestanding fast-food restaurants. (3) Reserved (4) Convenience store with gas pumps. Article XIX. – “BG” General Business District Sec. 20-752. - Permitted uses. The following uses are permitted in a "BG" district: (1) Animal hospital. (2) Antenna. (3) Bars and taverns. (4) Bowling center. (5) Community center. (6) Convenience stores without gas pumps. (7) Day care center. (8) Entertainment. (9) Fast-food restaurants. (10) Financial institutions, including drive-in service. (11) Funeral homes. (12) Garden centers. (13) Hardware goods. (14) Health and recreation clubs. (15) Health services. (16) Home improvement trades building supply centers. (17) Miniature golf. (18) Motels. (19) Newspaper and print shop. (20) Offices. (21) Personal services. (22) Private clubs and lodges. (23) Reserved. (24) Senior citizen housing. (25) Small appliance and similar repair shops. (26) Specialty retail. (27) Standard restaurants. (28) Supermarkets. (29) Utility services. (30) Veterinary clinic. (31) Brewery operated in conjunction with a taproom producing less than 3,500 barrels per year. (subject to the requirements of section 20-969) (32) Brew pub (subject to the requirements of section 20-968) (33) Microdistillery operated in conjunction with a cocktail room. (subject to the requirements of section 20-967) Sec. 20-754. - Conditional uses. The following are conditional uses in a "BG" district: (1) Brewery operated in conjunction with a taproom, producing over 3,500 barrels per year. (2) Truck, automobile, farm implement, recreational vehicles and boat sales and service. (3) Equipment rental. (4) Screened outdoor storage. (5) Major auto repair and body shops. (6) Convenience stores with gas pumps. (7) Motor fuel stations. Article XXII.- “IOP” Industrial Office Park District Sec. 20-812. - Permitted uses. The following uses are permitted in an "IOP" district: (1) Antennas as regulated by article XXX of this chapter. (2) Automotive repair shops. (3) Conference/convention centers. (4) Health services. (5) Indoor health and recreation clubs. (6) Light industrial. (7) Offices. (8) Off-premises parking lots. (9) Print shops. (10) Recording studios. (11) Utility services. (12) Vocational school. (13) Warehouses. (14) Brewery operated in conjunction with a taproom producing less than 3,500 barrels per year. (subject to the requirements of section 20-969) (15) Microdistillery operated in conjunction with a cocktail room. (subject to the requirements of section 20-967) Sec. 20-814. - Conditional uses. The following are conditional uses in an "IOP" district: (1) Contracting yards. (2) Day care centers as part of a multi-tenant building. (3) Day care centers as a separate facility. (4) Food processing. (5) Gun range, indoor. (6) Home improvement trades. (7) Hotels and motels. (8) Lumber yards. (9) Motor freight terminals. (10) Outdoor health and recreation clubs. (11) Screened outdoor storage. (12) Research laboratories. (13) Brewery operated in conjunction with a taproom, producing over 3,500 barrels per year. (14) Commercial towers as regulated by article XXX of this chapter. (15) Electrical distribution and underground electric distribution substations. Article XXIII. – General supplemental regulations Division 2. – Performance Standards Sec. 20-967 Microdistillery operated in conjunction with a cocktail room The following applies to all Microdistilleries operated in conjunction with a cocktail room: (1) The Microdistillery shall not produce more than 40,000 proof gallons of distilled spirits per year. (2) An outdoor seating area is permitted provided: it has an enclose and the enclosure is not interrupted; access to the seating area must be through the principle building; its hours of operation shall be no later than 10:00 p.m. Sunday-Thursday and 12:00 a.m. Friday-Saturday; and, the outdoor seating area must be located and designed so as not to interfere with pedestrian and vehicular circulation. (3) Shipping and receiving areas shall be located behind the facility or otherwise screened from view. Sec. 20-968 Brew Pub The following applies to all brew pubs: 1) The brew pub shall not produce more than 3,500 barrels per year. 2) An outdoor seating area is permitted provided: it has an enclose and the enclosure is not interrupted; access to the seating area must be through the principle building; its hours of operation shall be no later than 10:00 p.m. Sunday-Thursday and 12:00 a.m. Friday-Saturday; and, the outdoor seating area must be located and designed so as not to interfere with pedestrian and vehicular circulation. 3) Shipping and receiving areas shall be located behind the facility or otherwise screened from view. Sec. 20-969 Brewery operated in conjunction with a taproom, producing less than 3,500 barrels of malt liquor per year. The following applies to all breweries operated in conjunction with a taproom: (1) The brewery shall not produce more than 3,500 barrels of malt liquor per year. (2) An outdoor seating area is permitted provided: it has an enclose and the enclosure is not interrupted; access to the seating area must be through the principle building; its hours of operation shall be no later than 10:00 p.m. Sunday-Thursday and 12:00 a.m. Friday-Saturday; and, the outdoor seating area must be located and designed so as not to interfere with pedestrian and vehicular circulation. (3) Shipping and receiving areas shall be located behind the facility or otherwise screened from view. Article XXIV. – Off-Street Parking and Loading Division 2. – Parking and Loading Sec. 20-1124. - Required number of on-site parking spaces. (2) The minimum number of required on-site parking spaces for the following uses shall be: z. Brew pub, Brewery operated in conjunction with a taproom, or Microdistillery operated in conjunction with a cocktail room- One space for each 50 square feet of gross taproom, cocktail room, or restaurant floor area, and one space for each 1,000 square feet of gross production area. ATTACHMENTS 1) Craft Alcohol Production Ordinance 2) Key Terms G:\PLAN\City Code\2018\CC Meeting 6-11-18\Ominbus\Craft Alcohol Production Staff Report.docx MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Sharmeen Al-Jaff, Senior Planner DATE: June 11, 2018 SUBJ: Staff Report – City Code for Adult Daycare in Office Institutional District ISSUE Churches have expressed interest in opening adult daycare facilities within the Office Institutional District; however, adult daycares are not currently a permitted use within the district. ANALYSIS The current ordinance allows churches in the Office Institutional District – OI: however, adult daycare is not a use permitted within the district. Churches are a complementary space for adult daycares since they have opposite peak times and the space will be utilized efficiently. Staff is recommending that adult daycare be permitted as an accessory use for churches with the OI district. ALTERNATIVES 1) Do nothing. This will prevent churches from operating adult daycares within the OI district. 2) Amend the City Code to allow churches to operate adult daycares within the OI district as an accessory use. RECOMMENDATION Staff recommends alterative two. The proposed code amendment is provided below: Sec. 20-793. - Permitted accessory uses. Proposed Motion: “The City Council adopts the attached ordinance amending Chapter 20 of the City Code.” The following are permitted accessory uses in the "OI" district: (1) Parking lots. (2) Signs. (3) Temporary outdoor sales and events (subject to the requirements of section 20-964). (4) Adult Day Care as part of a church (subject to the requirements of Sec. 20-966). ATTACHMENTS 1) Adult Daycare Ordinance G:\PLAN\City Code\2018\CC Meeting 6-11-18\Ominbus\Adult Daycare in OI Distirct Staff Report.docx MEMORANDUM TO: Todd Gerhardt, City Manager FROM: MacKenzie Walters, Assistant Planner DATE: June 11, 2018 SUBJ: Onsite Pickup/Drive Up signs ISSUE Many retailers are offering customers the option to buy goods online/remotely and then have the goods loaded directly into their car onsite. Chanhassen’s existing provisions regulating directional signage do not align with industry trends for these types of signs. BACKGROUND In an effort to compete with Amazon and other online retailers, many brick and mortar stores are increasing their online presence and allowing customers to shop online and pick up their purchased goods at a local store. Many of these retailers have started to designate specific area of their parking lot as pickup/drive up areas where customers can have their pre-purchased goods loaded directly into their car without having to get out and enter the store. Since these pickup locations are located within the parking lot and can be surrounded by vans, sport utility vehicles, and other taller cars, signage guiding customers to these locations need to be tall enough to be visible over nearby vehicles. Industry trends seem to be for these types of pickup signs to take the form of a pillar or covered pole around thirteen feet high; however, the city’s sign code limits onsite directional signage to five feet in height. Staff recommends amending the sign code to allow for this new form of signage. REVELANT CITY CODE Chapter 1 – General Provisions – Section 1-2.- “Rules of construction and definitions.” Proposed Motion: “The City Council adopts the attached ordinance amending Chapters 1 and 20 of the City Code.” Chapter 20 – Zoning, Article XXVI. – Section 20-1255.- “Signs allowed without permit.” ANALYSIS Issue 1: Height The city’s sign code limits on-premises directional signage to a maximum height of five feet. This height limit reflects the fact that these signs are meant to visible for vehicles navigating the site’s internal circulation and drive aisles, and are not intended to be highly visible from surrounding sites nor do they need to project above obstructions. A typical use for the directional signage permitted by the City Code is identifying the entrance to a fast food restaurant’s drive- through aisle or directing trucks to an industrial building’s shipping/receiving area. Pickup signage needs to higher because it is located in the middle of the parking lot, rather than alongside intra-site thoroughfares, and vehicles will often be parked alongside it as they wait for purchases to be loaded. In addition to the vehicles actively using the pickup area there may be other occupied parking areas between the lot entrance and the designated pick up area. Since personal vehicles can range between four and a half and six and half feet in height depending on make and model pickup area signs need to elevate their display area above nearby vehicles to be visible. Staff believes that allowing a maximum height of thirteen feet will allow pick up signs to elevate their display area above potentially obscuring vehicles, while preventing them from being so tall as to be highly visible from offsite locations. Issue 2: Placement The only location restriction placed on directional signs is that they “be so located such that the sign does not adversely affect adjacent properties (including site lines or confusion of adjoining ingress or egress) or the general appearance of the site from public rights-of-way”. Businesses typically use directional signage to help visitors navigate their parking lots, and this means it is usually located near entrances/exits, drive through aisles, or other areas where internal circulation can become confusing. Pickup signs serve a different function because they are intended to serve as beacons drawing customers’ attention to the location of the business’s pick up and drive up areas. This means that pickup signs tend to be located within an area of the parking lot near the businesses’ entrance, and it is not expected that businesses will attempt to locate these signs near the edges of their property. In order to minimize the possibility of businesses using these types of signs for advertising purposes, staff recommends that the language controlling the location of directional signage also be applied to pick up signs, along with a requirement that pickup signs be located within the parking lot. Issue 3: Display size The City Code limits directional signage to a maximum of four square feet of display area. The rational for allowing this relatively small display area is ensuring that these signs are not coopted to serve an advertising function. Staff recommends applying the four square foot display area limit to pickup signage. Four square feet is enough to convey wayfinding messages and a logo identifying what store has established the pick up area, but not enough to provide effective advertising. Any store identifier or logo should be restricted to a maximum of thirty percent of the display area in order to prevent the pick up sign from serving an advertising function. Issue 4: Permitted Uses Parking lot pickup areas and their signs are best suited to uses which have large numbers of relatively heavy, or cumbersome goods with parking areas separated from the building by a drive aisle. These types of business typically have large amounts of shopping cart traffic moving between the store and parking lot so employees moving goods from the store to the pick up area does not disrupt the site’s usual traffic flow. Big box retailers and grocery stores both tend to fit this model and staff believes it would be appropriate to allow them to install pickup signage. Commercial businesses with drive-through facilities are allowed a menu board sign not to exceed eight feet in height and 45 square feet of display area under the existing City Code, in addition to the four directional signs allowed to all properties by the city’s sign code. In cases where the business has multiple drive through aisle, it has generally been the city’s practice to allow a menu board for each aisle. Since businesses with drive-through facilities are already allowed additional signage and can use direction signage to direct traffic to the drive through aisle, permitting another onsite sign related to the drive up/pickup aspect of their business would be unnecessary and redundant. Many restaurants without drive-through facilities offer carryout/pickup services. These pick up areas generally consist of one or more parking spaces adjacent to the building’s entrance and are not typically located in the areas of the parking lot separated from the building. In these situations, there is not a need for the signage to project above parked vehicles, and most restaurant use small parking space signs to designate those spots as reserved for carryout/pickup customers. This type of parking space signage is already permitted as directional signage, and the proposed pickup signs would not be needed to help identify those spaces. ALTERNATIVES 1) Do nothing. Entities desiring to designate pick up areas within their parking lot would need to adhere to existing directional signage standards. 2) Create standards for pickup signs and require a sign permit for the installation of pickup signs. 3) Create standards for pickup signs and allow businesses to install them without a permit. RECOMMENDATION Staff recommends alternative three. The proposed code amendment would read as follows: Sec. 1-2.- Rules of Construction and Definitions Pickup signs. See Sign, Pickup Sign, Pickup means a sign not attached to a building that designates a specific area of a parking lot for the pickup and loading of goods purchased in advance. Sec. 20-1255. - Signs allowed without permit. The following signs are allowed without a permit: (1) Political campaign signs. Temporary political campaign signs are permitted according to the following: a. The sign must contain the name of the person responsible for such sign, and that person shall be responsible for its removal. b. Signs are not permitted in the public right-of-way, or within the sight triangle. c. Shall comply with the Fair Campaign Practices Act contained in M.S. § 211B.045. d. The city shall have the right to remove and destroy signs not conforming to this subsection. e. Permitted from 46 days before the state primary in a state general election year until ten days following the state general election and 13 weeks prior to any special election until ten days following the special election. f. No such sign shall be located within 100 feet of any polling site. g. Sign shall be located on private property with permission of the property owner. (2) Directional signs. a. On-premises signs shall not be larger than four square feet. The maximum height of the sign shall not exceed five feet from the ground. The placement of directional signs on the property shall be so located such that the sign does not adversely affect adjacent properties (including site lines or confusion of adjoining ingress or egress) or the general appearance of the site from public rights-of-way. No more than four signs shall be allowed per lot. The city council may allow additional signs in situations where access is confusing or traffic safety could be jeopardized. b. Permanent off-premises signs shall be allowed only in situations where access is confusing and traffic safety could be jeopardized or traffic could be inappropriately routed through residential streets. The size of the sign shall be no larger than what is needed to effectively view the sign from the roadway and shall be approved by the city council. Temporary off-premises signs are prohibited, unless otherwise specified in this chapter. c. On-premises signs for industrially zoned land in excess of 40 acres shall not exceed 12 square feet. The maximum height of the sign shall not exceed five feet from the ground. The placement of directional signs on the property shall be so located such that the sign does not adversely affect adjacent properties or the general appearance of the site from public right-of-way. No more than four signs shall be allowed per site. The city council may allow additional signs in situations where access is confusing or traffic safety could be jeopardized. (3) Community signs or displays which contain or depict a message pertaining to a religious, national, state or local holiday or event and no other matter, and which are displayed for a period not to exceed 40 days in any calendar year. (4) Motor fuel price signs are permitted on the premises of any automobile service station or convenience store selling fuel, only if such signs are affixed to the fuel pumps or are made an integral part of a ground low profile or pylon business sign otherwise permitted in that zoning district. Motor fuel price signs affixed to a fuel pump shall not exceed four square feet in sign display area. When such signs are made an integral part of a freestanding business sign, the sign display area devoted to the price component shall not exceed 30 percent of the total sign display area of the sign. (5) Nameplate or integral signs not exceeding two square feet per building and does not include multi-tenant names. (6) Nonilluminated construction signs confined to the site of the construction, alteration or repair. Such a sign must be removed within one year from the date of issuance of the first building permit on the site, and may be extended until the project is completed. One sign shall be permitted for each street the project abuts. Commercial and industrial signs may not exceed 50 square feet in sign area, and residential construction signs may not exceed 24 square feet in sign area. Where a nonilluminated construction sign and a temporary development project advertising sign are proposed at the entrance to the project, such signage shall be combined on one sign with a maximum sign area of 64 square feet. (7) Signs of a public, noncommercial nature, informational signs erected by a governmental entity or agency, including safety signs (O.S.H.A.), directional signs to public facilities, trespassing signs, traffic signs, signs indicating scenic or historical points of interest, memorial plaques and the like. Signs shall not exceed 16 square feet. (8) Rummage (garage) sale signs. Rummage sale signs shall be removed within two days after the end of the sale and shall not exceed four square feet. Rummage sale signs shall not be located in any public rights-of-way. The city shall have the right to remove and destroy signs not conforming to this subsection. The city may assess a fee in the amount established in chapter 4 of this Code for sign permits for each sign removed by the city. (9) Temporary development project advertising signs erected for the purpose of selling or promoting any nonresidential project, or any residential project of ten or more dwelling units, located in the City of Chanhassen, shall be permitted subject to the following regulations: a. Not more than one nonilluminated sign per street frontage, provided that the total number of signs do not exceed two per project. b. Such signs shall only be located along streets that provide primary access to the project site. c. Such sign shall be setback at least ten feet from any property line for signs ten feet in height or less, plus one additional foot for each additional foot of sign height. Signs shall be firmly anchored to the ground. d. No such sign shall be located closer than 100 feet from an existing residential dwelling unit, church, or school which is not a part of the project being so advertised. e. Such signs shall not be located closer than 100 feet from any other sign located on the same side of the street. f. Sign display area shall not exceed 64 square feet, and the height of such signs shall not exceed 15 feet. g. Such signs shall be removed when the project being advertised is sold or leased, or after three years. The planning director may permit a sign for longer than three years if the project being advertised is not sold or leased. h. Where a nonilluminated construction sign and a temporary development project advertising sign are proposed at the entrance to the project, such signage shall be combined on one sign with a maximum sign area of 64 square feet. (10) Temporary real estate signs which advertise the sale, rental or lease of real estate subject to the following conditions: a. On-premises real estate signs advertising the sale, rental or lease of the premises upon which the sign is located. 1. One nonilluminated sign is permitted per street frontage. 2. Sign display area shall not exceed 16 square feet per sign on property containing less than ten acres in area, and 32 square feet per sign on property containing ten or more acres. 3. No such sign shall exceed ten feet in overall height, nor be located less than ten feet from any property line. 4. All temporary real estate signs shall be removed within seven days following sale, lease or rental of the property. 5. Window signs advertising the sale, rental or lease of a building are permitted subject to the conditions of subsection 20-1265(g). b. Off-premises real estate signs advertising the sale, rental or lease of business and industrial buildings: 1. One nonilluminated sign is permitted per building. 2. Such signs shall only be permitted in business and industrial districts, and on property located within the same subdivision or development as the building being advertised. 3. Such signs shall not be located closer than 100 feet from any other such sign located on the same side of the street. 4. Sign display area shall not exceed 32 square feet, and the height of such signs shall not exceed ten feet. 5. Such sign shall be setback at least ten feet from any property line. 6. Such signs shall be removed within seven days following the lease or sale of the building floor space which it is advertising. 7. Provide written permission of property owner. c. Off-premises directional signs which show direction to new residential developments in accordance with the following. The intent of this subsection is to allow short-term signage, for residential development, to familiarize the public with the new development. 1. Such sign shall only be permitted along major arterials and collectors as identified in the comprehensive plan. 2. Only one sign per corner of an intersection per development shall be permitted. There shall not be more than four signs per intersection. Signs shall not be located in any site distance triangle, measured 30 feet from the point of intersection of the property line. 3. Sign display area shall not exceed 32 square feet and the height of such signs shall not exceed ten feet. 4. Such sign shall not be located closer than ten feet from any street right-of- way line, and shall be firmly anchored to the ground. 5. Written permission must be obtained from the property owner upon whose land the proposed sign is to be located. 6. Such sign shall be nonilluminated and kept in good condition. 7. Such sign shall be removed 12 months after the sign has been erected. A sign shall be permitted for each phase of a development. 8. Signs for home promotions (Parade of Homes, Spring Preview, etc.) shall be limited to four square feet and shall be permitted only for the duration of the event. (11) Off-premises sign for open house, house for sale or rent, parade of homes, etc. Such signs shall be removed within two days after the end of the event and shall not exceed four square feet. The property owner upon which a sign is located shall provide their approval. The signs shall not be located in any public rights-of-way. The city shall have the right to remove and destroy signs not conforming to this section. The city may assess a fee in the amount established in chapter 4 of this Code for sign permits for each sign removed by the city. (12) Employment opportunity signs; (help wanted) which advertise job opportunities for a specific location upon which the sign is located subject to the following conditions: a. One nonilluminated sign is permitted per street frontage. b. A banner shall not exceed 100 square feet of display area and must be affixed to the principle structure. c. Freestanding signs shall not exceed 16 square feet of display area and eight feet in height. d. No such sign shall be located less than ten feet from any property line. e. All temporary employment opportunity signs shall be removed within seven days after the posted position has been filled. (13) Corporate flags are limited to one per business. (14) Pickup Signs; big box retailers and grocery stores are allowed one sign to designate an area of the parking lot for pick up/drive up loading of goods purchased in advance subject to the following conditions: a) The pickup sign must be located within the parking lot and the placement of pickup sign shall be so located such that the sign does not adversely affect adjacent properties or navigability of the parking lot (including sightlines, confusion of adjoining ingress or egress) or the general appearance of the site from public rights-of-way. b) No more than one pickup sign shall be allowed per business c) The pickup sign may not exceed thirteen feet in height. d) The pickup sign’s base shall be not more than two-feet wide on a side, and no portion of the sign may project beyond the base. e) The pickup sign is limited to four square feet of display area per sign face, and no more than 30 percent of the display area shall be used for the business logo or identification. f) Businesses with a drive-through facility may not also have a pick up sign. (Ord. No. 231, § 1, 1-9-95; Ord. No. 252, § 1, 4-8-96; Ord. No. 377, §§ 139, 140, 5-24-04; Ord. No. 423, §§ 9, 10, 6-12-06; Ord. No. 431, § 2, 9-25-06; Ord. No. 459, § 1, 9-24-07; Ord. No. 468, § 1, 8-11-08; Ord. No. 507, §§ 4, 5, 6-28-10; Ord. No. 510, § 1, 9-13-10) ATTACHMENTS 1) Pickup Sign Ordinance G:\PLAN\City Code\2018\CC Meeting 6-11-18\Ominbus\Pickup-Drive Up Signs Staff Report.docx 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 632 AN ORDINANCE AMENDING CHAPTER 1, GENERAL PROVISIONS; CHAPTER 4, LICENSE, PERMIT AND ADMINISTRAIVE FEES; CHAPTER 10, LICENSES, PERMITS AND MISCELLANEOUS BUSINESS REGULATIONS; AND CHAPTER 20, ZONING OF THE CHANHASSEN CITY CODE THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1. Section 1-2 of the Chanhassen City Code is amended to read as follows: Brew Pub is a brewer who also holds one or more retail on-sale licenses and who manufactures fewer than 3,500 barrels of malt liquor in a year, at any one licensed premises, the entire production of which is solely for consumption on tap on any licensed premises owned by the brewer, or for off-sale from those licensed premises as permitted in Minn. Stat. 340A.24. subdivision 2. Brewer is a person who manufactures malt liquor for sale. Brewery is a location where malt liquor is manufactured for sale. Cocktail room is a location in or adjacent to a microdistillery where the owner of the distillery sells distilled spirits produced by the distiller for consumption on the premises or for off-site consumption as provided for in Minn. Stat. 340A.22. Distiller is a person who manufactures distilled spirts for sale. Distilled spirits is ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whiskey, rum, brandy, gin, and other distilled spirits, including all dilutions and mixtures thereof, for non-industrial use. Malt Liquor is any beer, ale or other beverage made from malt by fermentation and containing not less than one-half of one percent alcohol by volume. Microdistillery is a distillery operated within the state producing premium distilled spirits in a total quantity not to exceed 40,000 proof gallons in a calendar year. Pickup signs. See Sign, Pickup Sign, Pickup means a sign not attached to a building that designates a specific area of a parking lot for the pickup and loading of goods purchased in advance. Small Brewer is a brewery that produces less than 20,000 barrels of malt liquor in a year. 2 Tap Room is a location in or adjacent to a brewery where the owner of the brewery sells malt liquor produced by the brewery for consumption on the premises or for off-site consumption as provided for in Minn. Stat. 340A.28 and 340A.285. Section 2. Section 4-15(a)(2) of the Chanhassen City Code is amended to read as follows: 2. Various other license fees shall be set as follows: Microdistillery Off-sale ...................$200.00 On-sale Brewer Taproom .................$400.00 On-sale Cocktail Room ....................$400.00 Off-sale intoxicating ........................$200.00* Off-sale non-intoxicating .................$ 58.00 On-sale non-intoxicating ..................$410.00 Small Brewer Off-sale .....................$200.00 Sunday sales .....................................$200.00* Wine/beer license .............................$410.00 *Fees that are established by state statute. Section 3. Section 10-19(h) to of the Chanhassen City Code is amended to read as follows: (h) Temporary on-sale intoxicating liquor licenses. (1) The city council may issue to a club or charitable religious or nonprofit organization in existence for at least three years or to a political committee registered under M.S. § 10A.14 a temporary license for the on-sale of intoxicating liquor in connection with a social event within the city sponsored by the licensee. The license may authorize the on- sale of intoxicating liquor for not more than four consecutive days, and may authorize on- sales on premises other than premises the licensee owns or permanently occupies. The license may provide that the licensee may contract for intoxicating liquor catering services with the holder of a full-year on-sale liquor license issued by the city. The licenses are subject to the terms, including license fee, imposed by the city. The licenses issued under this section are subject to all laws and ordinances governing the sale of intoxicating liquor except M.S. § 340A.409 and § 340A.504, subd. 3, paragraph (d), and the laws and ordinances which by their nature are not applicable. (2) The city council may issue to a brewer who manufactures fewer than 3,500 barrels of malt liquor in a year or a microdistillery a temporary license for the on-sale of intoxicating liquor in connection with a social event within the municipality sponsored by the brewer or microdistillery. The terms and conditions specified for temporary licenses under paragraph (1) shall apply to a license issued under this paragraph, except that the requirements of section M.S. § 340A.409 subd. 1 to 3a, shall apply to the license. (3) Limitations on temporary on-sale intoxication liquor licenses: (i) Temporary licenses must first be approved by the Commissioner of Public Safety before they become valid. 3 (ii) No more than three four-day, four three-day, or six two-day temporary licenses, in any combination not to exceed 12 days per year, may be issued for the sale of alcoholic beverages to any one organization or registered political committee, or for any one location, within a 12-month period. (iii)Not more than one temporary license may be issued to any one organization or registered political committee, or for any one location, within any 30-day period. Section 4. The Chanhassen City Code is amended by adding Section 10-19(k) to Section 10-19(n) to read as follows: (k) On-Sale Brewer Taproom License. May be issued to a brewery licensed under Minn. Stat. Section 340A.301, subdivision 6, clause (c), (i), or (j) for the on-sale of malt liquor produced by the brewer for the consumption on the premises of or adjacent to one brewery location owned by the brewer as provided in Minn. Stat. Section 340A.26. (1) On-Sale Brewer Taproom License Holders are allowed Sunday on-sales as provided in Minn. Stat 340A.26, subdivision 5 and do not require a separate On-Sale Sunday Liquor License. No Sunday on-sales are allowed before 10:00 a.m. or after 10:00 p.m. (l) Small Brewer Off-Sale License. May be issued to a brew pub or brewery licensed under Minn. Stat. Section 340A.301, subdivision 6, clause (c), (i), or (j) for the off-sale of malt liquor at its licensed premises that has been produced and packaged by the brewer as provided in Minn. Stat. 340A.24, 340A.28, and 340A.285. (1) Small Brewer Off-Sale License holders are allowed Sunday off-sale as provided in Minn. Stat. 340A.24 and 340A.28, and 340A.285. No Sunday off-sales are allowed before 10:00 a.m. or after 10:00 p.m. (m) On-Sales Cocktail Room. License may be issued to a microdistillery for the on-sale of distilled spirits produced by the distiller for the consumption on the premises of or adjacent to one distillery location owned by the distiller as provided in Minn. Stat 340A.22, subdivision 2. (2) On-Sales Cocktail Room License Holders are allowed Sunday on-sales as provided in Minn. Stat 340A.22, subdivision 2 and do not require a separate On-Sale Sunday Liquor License. No Sunday on-sales are allowed before 10:00 a.m. or after 10:00 p.m. (n) Microdistillery Off-Sale License. May be issued to a microdistillery for the off-sale of distilled spirits as provided in Minn. Stat. 340A.22, subdivision 4. (1) Microdistillery Off-Sale License Holders are allowed Sunday off-sales as provided in Minn. Stat 340A.22, subdivision 4 and do not require a separate On-Sale Sunday Liquor License. No Sunday off-sales are allowed before 10:00 a.m. or after 10:00 p.m. Section 5. Section 10-53 of the Chanhassen City Code is amended to read as follows: Sec. 10-53. - Samples. On- or off-sale licensees may provide or permit a licensed manufacturer or wholesaler or its agents to provide on the premise of the retail licensee samples of malt liquor, wine, liqueurs, cordials, and distilled spirits which the licensee currently has in stock and is offering for sale to 4 the general public without obtaining an additional license, provided the malt liquor, wine, liqueur, cordial, and distilled spirits samples are dispensed at no charge and consumed on the licensed premises during the permitted hours of sale in a quantity less than 100 milliliters of malt liquor per variety per customer, 50 milliliters of wine per variety per customer, 25 milliliters of liqueur or cordial, and 15 milliliters of distilled spirits per variety per customer. Section 6. The Chanhassen City Code is amended by adding Section 20-314 to read as follows: Sec. 20-314. - Brewery operated in conjunction with a taproom, producing more than 3,500 barrels of malt liquor per year. The following applies to all breweries operated in conjunction with a taproom: (1) The brewery shall not produce more than 5,000 barrels of malt liquor per year, unless they are located in an area zoned Industrial Office Park (IOP), in which case the brewery shall not produce more than 20,000 barrels of malt liquor per year. (2) An outdoor seating area is permitted provided it has an enclosure and the enclosure is not interrupted; access to the seating area must be through the principle building; its hours of operation shall be no later than 10:00 p.m. Sunday-Thursday and 12:00 a.m. Friday- Saturday; and the outdoor seating area must be located and designed so as not to interfere with pedestrian and vehicular circulation. (3) Shipping and receiving areas shall be located behind the facility or otherwise screened from view. (4) Compliance plan must be submitted to the city including: a. An inventory of potential or identified odor emission point sources associated with the industry or source. b. An engineering quality plan detailing best available control technologies and appurtenances designed to eliminate or achieve the maximum reduction of odor pollution from an emission point source inclusive of, but not necessarily limited to certain processes, procedures, or operating methods intended to mitigate or control odor pollution. c. A detailed explanation of the specifications and operating parameters of the best available control technologies, monitoring instrumentation and equipment, and processes and procedures intended for the mitigation or control of odor pollution. d. A specification of the documentation that will be made available for the city's review which will verify the data produced by the monitoring equipment, and which will verify that processes and procedures are conducted consistent with the specifications in the facility's odor control study and plan. e. An approved schedule which states, in a time certain manner, the implementation and installation of the best available control technology, processes, procedures, operating methods, and monitoring instrumentation designed to mitigate or control odors at the facility inclusive of an approved completion date. 5 f. An acknowledgment of the authority of the city and its agents to enter into the facility or its property in order to investigate complaints and to verify the facility's adherence to the compliance plan. Section 7. Section 20-712 to of the Chanhassen City Code is amended to read as follows: Sec. 20-712. - Permitted uses. The following uses are permitted in a "BH" district: (1) Adult day care, subject to the requirements of section 20-966 (2) Antennas as regulated by article XXX of this chapter. (3) Brew pub, subject to the requirements of section 20-968. (4) Brewery operated in conjunction with a taproom producing less than 3,500 barrels per year, subject to the requirements of section 20-969. (5) Car wash. (6) Community center. (7) Convenience stores without gas pumps. (8) Day care center. (9) Fast-food restaurant. (10) Financial institutions with/or without drive-through services. (11) Funeral homes. (12) Health services. (13) Liquor stores. (14) Microdistillery operated in conjunction with cocktail room, subject to the requirements of section 20-967. (15) Miniature golf. (16) Motels and hotels. (17) Offices. (18) Personal services. (19) Private clubs and lodges. (20) Shopping center. (21) Specialty retail shops. (22) Standard restaurants. (23) Utility services. Section 8. Section 20-714 to of the Chanhassen City Code is amended to read as follows: Sec. 20-714. - Conditional uses. The following are conditional uses in a "BH" district: (1) Automobile rental facilities. (2) Automotive repair shops. (3) Brewery operated in conjunction with a taproom, producing over 3,500 barrels per year. 6 (4) Convenience stores with gas pumps. (5) Drive-through facilities. (6) Emission control testing stations. (7) Garden centers. (8) Motor fuel stations. (9) Outdoor storage. (10) Small vehicle sales. (11) Supermarkets. (12) Towers as regulated by article XXX of this chapter. Section 9. Section 20-732 to of the Chanhassen City Code is amended to read as follows: Sec. 20-732. - Permitted uses. The following uses are permitted in a "CBD" district: (1) Antennas as regulated by article XXX of this chapter. (2) Ballroom. (3) Barber and beauty salons and spas including hair, nail, skin and scalp services. (4) Bars and taverns. (5) Bowling center. (6) Brew pub, subject to the requirements of section 20-968. (7) Brewery operated in conjunction with a taproom producing less than 3,500 barrels per year, subject to the requirements of section 20-969. (8) Clothing rental. (9) Clubs and lodges. (10) Coin-operated service machines. (11) Community center. (12) Convenience stores without gas pumps. (13) Convention and conference facilities. (14) Costume rental. (15) Cultural facilities. (16) Day care center as part of shopping center. (17) Fast-food restaurants as part of shopping center. (18) Financial institutions. (19) Health and recreation clubs, instructions and services. (20) Health services, outpatient only. (21) Hotels. (22) Laundry and garment services including self-service. (23) Locker rental. (24) Microdistillery operated in conjunction with a cocktail room, subject to the requirements of section 20-967. (25) Multiple-family dwellings, including senior citizen housing. (26) Newspaper offices. (27) Offices. (28) Parking ramp. (29) Photographic studios. (30) Print shops. 7 (31) Quilting and scrap booking. (32) Retail sales. (33) Schools. (34) Shoe repair shops and shoeshine parlors. (35) Shopping center. (36) Sporting goods rental. (37) Standard restaurants. (38) Tattoo and body art and piercing services (MS ch. 146B). (39) Theatrical producers and services. (40) Utility service. (41) Wedding chapel. Section 10. Section 20-734 to of the Chanhassen City Code is amended to read as follows: Sec. 20-734. - Conditional uses. The following are conditional uses in a "CBD" district: (1) Brewery operated in conjunction with a taproom, producing over 3,500 barrels per year. (2) Drive-through facilities. (3) Convenience store with gas pumps. (4) Freestanding fast-food restaurants. Section 11. Section 20-752 to of the Chanhassen City Code is amended to read as follows: Sec. 20-752. - Permitted uses. The following uses are permitted in a "BG" district: (1) Adult day care, subject to the requirement of section 20-966 (2) Animal hospital. (3) Antenna. (4) Bars and taverns. (5) Bowling center. (6) Brew pub, subject to the requirements of section 20-968. (7) Brewery operated in conjunction with a taproom producing less than 3,500 barrels per year, subject to the requirements of section 20-969. (8) Community center. (9) Convenience stores without gas pumps. (10) Day care center. (11) Entertainment. (12) Fast-food restaurants. (13) Financial institutions. (14) Funeral homes. (15) Garden centers. 8 (16) Hardware goods. (17) Health and recreation clubs. (18) Health services. (19) Home improvement trades building supply centers. (20) Microdistillery operated in conjunction with a cocktail room, subject to the requirements of section 20-967. (21) Miniature golf. (22) Motels. (23) Newspaper and print shop. (24) Offices. (25) Personal services. (26) Private clubs and lodges. (27) Senior citizen housing. (28) Small appliance and similar repair shops. (29) Specialty retail. (30) Standard restaurants. (31) Supermarkets. (32) Utility services. (33) Veterinary clinic. Section 12. Section 20-754 to of the Chanhassen City Code is amended to read as follows: Sec. 20-754. - Conditional uses. The following are conditional uses in a "BG" district: (1) Brewery operated in conjunction with a taproom, producing over 3,500 barrels per year. (2) Convenience stores with gas pumps. (3) Drive-through facilities (4) Equipment rental. (5) Major auto repair and body shops. (6) Motor fuel stations. (7) Screened outdoor storage. (8) Truck, automobile, farm implement, recreational vehicles and boat sales and service. Section 13. Section 20-793 of the Chanhassen City Code is amended to read as follows: Sec. 20-793. - Permitted accessory uses. The following are permitted accessory uses in the "OI" district: (1) Adult Day Care as part of a church (subject to the requirements of Sec. 20-966). (2) Parking lots. (3) Signs. (4) Temporary outdoor sales and events (subject to the requirements of section 20- 964). 9 Section 14. Section 20-812 to of the Chanhassen City Code is amended to read as follows: Sec. 20-812. - Permitted uses. The following uses are permitted in an "IOP" district: (1) Adult day care, subject to the requirements of section 20-966 (2) Antennas as regulated by article XXX of this chapter. (3) Automotive repair shops. (4) Brewery operated in conjunction with a taproom producing less than 3,500 barrels per year, subject to the requirements of section 20-969. (5) Conference/convention centers. (6) Health services. (7) Indoor health and recreation clubs. (8) Light industrial. (9) Microdistillery operated in conjunction with a cocktail room, subject to the requirements of section 20-967. (10) Offices. (11) Off-premises parking lots. (12) Print shops. (13) Recording studios. (14) Utility services. (15) Vocational school. (16) Warehouses. Section 15. Section 20-814 to of the Chanhassen City Code is amended to read as follows: Sec. 20-814. - Conditional uses. The following are conditional uses in an "IOP" district: (1) Brewery operated in conjunction with a taproom, producing over 3,500 barrels per year. (2) Contracting yards. (3) Day care centers as part of a multi-tenant building. (4) Day care centers as a separate facility. (5) Food processing. (6) Gun range, indoor. (7) Home improvement trades. (8) Hotels and motels. (9) Lumber yards. (10) Motor freight terminals. (11) Outdoor health and recreation clubs. (12) Screened outdoor storage. (13) Research laboratories. 10 (14) Commercial towers as regulated by article XXX of this chapter. (15) Electrical distribution and underground electric distribution substations. Section 16. The Chanhassen City Code is amended by adding Section 20-967 to Section 20-969 to read as follows: Sec. 20-967. - Microdistillery operated in conjunction with a cocktail room. The following applies to all Microdistilleries operated in conjunction with a cocktail room: (1) The Microdistillery shall not produce more than 40,000 proof gallons of distilled spirits per year. (2) An outdoor seating area is permitted provided it has an enclosure and the enclosure is not interrupted; access to the seating area must be through the principle building; its hours of operation shall be no later than 10:00 p.m. Sunday- Thursday and 12:00 a.m. Friday-Saturday; and the outdoor seating area must be located and designed so as not to interfere with pedestrian and vehicular circulation. (3) Shipping and receiving areas shall be located behind the facility or otherwise screened from view. Sec. 20-968. - Brew Pub. The following applies to all brew pubs: (1) The brew pub shall not produce more than 3,500 barrels per year. (2) An outdoor seating area is permitted provided it has an enclosure and the enclosure is not interrupted; access to the seating area must be through the principle building; its hours of operation shall be no later than 10:00 p.m. Sunday- Thursday and 12:00 a.m. Friday-Saturday; and the outdoor seating area must be located and designed so as not to interfere with pedestrian and vehicular circulation. (3) Shipping and receiving areas shall be located behind the facility or otherwise screened from view. Sec. 20-969. - Brewery operated in conjunction with a taproom, producing less than 3,500 barrels of malt liquor per year. The following applies to all breweries operated in conjunction with a taproom: (1) The brewery shall not produce more than 3,500 barrels of malt liquor per year. (2) An outdoor seating area is permitted provided it has an enclosure and the enclosure is not interrupted; access to the seating area must be through the principle building; its hours of operation shall be no later than 10:00 p.m. Sunday- Thursday and 12:00 a.m. Friday-Saturday; and the outdoor seating area must be located and designed so as not to interfere with pedestrian and vehicular circulation. 11 (3) Shipping and receiving areas shall be located behind the facility or otherwise screened from view. Section 17. The Chanhassen City Code is amended by adding Section 20-1124(2)(z) to read as follows: z. Brew pub, Brewery operated in conjunction with a taproom, or Microdistillery operated in conjunction with a cocktail room-One space for each 50 square feet of gross taproom, cocktail room, or restaurant floor area, and one space for each 1,000 square feet of gross production area. Section 18. The Chanhassen City Code is amended by adding Section 20-1255(14) to read as follows: (14) Pickup Signs; big box retailers and grocery stores are allowed one sign to designate an area of the parking lot for pickup/driveup loading of goods purchased in advance subject to the following conditions: a. The pickup sign must be located within the parking lot and the placement of pickup sign shall be so located such that the sign does not adversely affect adjacent properties or navigability of the parking lot (including sight lines, confusion of adjoining ingress or egress) or the general appearance of the site from public rights of way. b. No more than one pickup sign shall be allowed per business c. The pickup sign may not exceed thirteen feet in height. d. The pickup sign’s base shall be not more than two-feet wide on a side, and no portion of the sign may project beyond the base. e. The pickup sign is limited to four square feet of display area per sign face, and no more than 30 percent of the display area shall be used for the business logo or identification. f. Businesses with a drive-through facility may not also have a pickup sign. Section 19. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this 11th day of June, 2018 by the City Council of the City of Chanhassen, Minnesota Todd Gerhardt, City Manager Denny Laufenburger, Mayor (Summary Ordinance 632 published in the Chanhassen Villager on June 21, 2018) 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA SUMMARY OF ORDINANCE NO. 632 AN ORDINANCE AMENDING CHAPTER 1, GENERAL PROVISIONS; CHAPTER 4, LICENSE, PERMIT AND ADMINISTRAIVE FEES; CHAPTER 10, LICENSES, PERMITS AND MISCELLANEOUS BUSINESS REGULATIONS; AND CHAPTER 20, ZONING OF THE CHANHASSEN CITY CODE The purpose of these code amendments are as follows: Amend Section 1-2 to adopt the definitions in Minn. Stat. 340A.101 for the terms brew pub, brewer, brewery, cocktail room, distiller, distilled spirits, malt liquor, microdistillery, small brewer, and taproom, and define Pickup signs/sign, Pickup as detached signage designating an area of a parking lot for the pickup of goods; and Amend Section 4-25(a)(2) to establish fees of $400.00 on-sale brewer taproom and on- sale cocktail room, and a fee of $200.00 for small brewer off-sale and microdistillery off-sale licenses; and Amend Section 10-19(h) to allow the city to issue temporary on-sale intoxicating liquor licenses to small brewers and microdistilleries in connection with a social event within the city by a brewery or microdistillery; and Amend Section 10-19(k) to Section 10-19(n) to create an on-sales brewer taproom license, a small brewer off-sale license, an on-sales cocktail room license, and a microdistillery off-sale license; and Amend Section 10-53 to allow holders of both on- and off-sale licensees to provide samples; and Add Section 20-285.5 to establish standards for granting a conditional use permit for breweries operated in conjunction with a taproom, producing more than 3,500 barrels of malt liquor per year; and Amend Section 20-712, Section 20-732, and Section 20-752 to list brew pub, brewery operated in conjunction with a taproom, producing less than 3,500 barrels, and microdistillery operated in conjunction with a cocktail room as permitted uses; and Amend Section 20-714, Section 20-734, and Section 20-754 to list brewery operated in conjunction with a taproom, production over 3,500 barrels per year as a conditional use; and Amend Section 20-793 to list adult day care as part of a church as a permitted accessory use; to amend Section 20-812 to list brewery operated in conjunction with a taproom, producing 2 less than 3,500 barrels and microdistillery operated in conjunction with a cocktail room as permitted uses; and Amend Section 20-814 to list brewery operated in conjunction with a taproom, production over 3,500 barrels per year as a conditional use; and Add Section 20-967, Section 20-968, and Section 20-969 to establish respective performance standards for microdistillery operated in conjunction with a cocktail room, brew pub, and brewery operated in conjunction with a taproom, producing less than 3,500 barrels of malt liquor per year; and Add Section 20-1124(2)(z) to establish parking standards for brew pub, brewery operated in conjunction with a taproom, and microdistillery operated in conjunction with a cocktail room; and, Amend Section 20-1255(14) to permit big box retailers and grocery stores to install one pickup sign subject to a 13-foot height restriction and 4 square-foot maximum display area, and 30 percent maximum logo size. A printed copy of Ordinance No. 632 is available for inspection by any person during regular office hours at the office of the City Manager/Clerk. PASSED, ADOPTED, AND APPROVED FOR PUBLICATION this 11th day of June, 2018, by the City Council of the City of Chanhassen. (Publish in the Chanhassen Villager on June 21, 2018) CITY COUNCIL STAFF REPORT Monday, June 11, 2018 Subject Accept Mediated Settlement Agreement with Diverse Construction Services, LLC Section CONSENT AGENDA Item No: D.4. Prepared By Chelsea Petersen, Assistant City Manager File No:  PROPOSED MOTION “The City Council approves the mediated settlement agreement with Diverse Construction Services, LLC.” Council approval requires a Simple Majority Vote of members present. SUMMARY On April 25, 2016 the City Council approved a bid for Diverse Construction Services, LLC (DCS) to replace the roof of Chanhassen Fire Station 1, and work began shortly thereafter. On May 10, 2016 while the project was partially complete, there was significant water damage to the inside of the fire station as a result of a rain event. DCS and their insurance company have maintained that they were not liable for the damages to the building even though they were actively working on the roof at the time. The claim was reported to the League of Minnesota Cities Insurance Trust (LMCIT), the city's insurer. The adjuster assigned has been working for two years to get DCS and their insurer to pay for the damages, but they have maintained that they are not fully liable. Recently, our LMCIT adjuster and attorney engaged in a mediation session with DCS and their insurer in an effort to resolve the claim. The mediated agreement includes the following provisions: DCS and their insurer will pay the City of Chanhassen $54,100 in damages ($64,349.47 was originally requested) Both parties agree that this is a full and final payment, and to release each other from all future claims regarding this issue Warranties on installed products are still valid Parties will pay equal share towards the mediator's costs. The mediator's costs and any damages that are not covered by the settlement will be covered under the City of Chanhassen's LMCIT coverage. RECOMMENDATION Staff recommends that the City Council approve the mediated settlement agreement. CITY COUNCIL STAFF REPORTMonday, June 11, 2018SubjectAccept Mediated Settlement Agreement with Diverse Construction Services, LLCSectionCONSENT AGENDA Item No: D.4.Prepared By Chelsea Petersen, Assistant CityManager File No: PROPOSED MOTION“The City Council approves the mediated settlement agreement with Diverse Construction Services, LLC.”Council approval requires a Simple Majority Vote of members present.SUMMARYOn April 25, 2016 the City Council approved a bid for Diverse Construction Services, LLC (DCS) to replace theroof of Chanhassen Fire Station 1, and work began shortly thereafter. On May 10, 2016 while the project waspartially complete, there was significant water damage to the inside of the fire station as a result of a rain event. DCSand their insurance company have maintained that they were not liable for the damages to the building even thoughthey were actively working on the roof at the time.The claim was reported to the League of Minnesota Cities Insurance Trust (LMCIT), the city's insurer. The adjusterassigned has been working for two years to get DCS and their insurer to pay for the damages, but they have maintainedthat they are not fully liable. Recently, our LMCIT adjuster and attorney engaged in a mediation session with DCS andtheir insurer in an effort to resolve the claim.The mediated agreement includes the following provisions:DCS and their insurer will pay the City of Chanhassen $54,100 in damages ($64,349.47 was originally requested)Both parties agree that this is a full and final payment, and to release each other from all future claims regardingthis issueWarranties on installed products are still validParties will pay equal share towards the mediator's costs.The mediator's costs and any damages that are not covered by the settlement will be covered under the City ofChanhassen's LMCIT coverage.RECOMMENDATION Staff recommends that the City Council approve the mediated settlement agreement. ATTACHMENTS: Mediated Settlement Agreement v ^"1-MEDIATED SETTLEMENT AGREEMENTThis Mediated Settlement Agreement ("Agreement") is entered into on this 22nd day ofIVIay, 2018, between City ofChanhassen ("City") and Diverse Construction Services LLC("DCS") relating to the claims and defenses asserted in that action captioned City ofChanhassenv. Diverse Construction Services LLC; Carver County Court File No.: 10-CV-18-157("Lawsuit") involving, principally, the City's claims against DCS for direct and consequentialdamages flowing from DCS's contract work and related repairs to the City's Fire Station No. 1project in May 2016 ("City Damage Claims"). At times in this Agreement, the City and DCSmay be collectively referred to as "the parties."MEDIATION AGREEMENTAttached and incorporated herein by this reference is the Agreement to Mediate signedby the parties, who each acknowledge that this is a binding agreement relating to settlement ofclaims asserted in the Lawsuit as reached through the process of mediation. The parties furtheracknowledge that, pursuant to the requirements of the Minnesota Civil Mediation Act, they havebeen advised that:a. the mediator, Timothy C. Cook, has no duty to protect either of their interests orto provide them with any information about their legal rights;b. signing a mediated settlement agreement may adversely affect their legal rights;c. the parties may, and in fact have, consulted with an attorney before signing thisAgreement in order that they may be certain of their rights; andd. This is a mediated settlement reached pursuant to the provisions and requirementsof the Minnesota Civil Mediation Act and case law interpreting the same. Theparties understand and acknowledge that it is a binding and conclusive resolution of the Lawsuit pursuant to the terms of this Agreement. The parties havemediated for a full session on May 22, 2018, and have reached final agreementwith the assistance of the mediator.Now, for good and valuable consideration, the receipt and sufficiency of which is herebyacknowledged, the parties agree to the following terms and conditions of settlement of theLawsuit:1. Spirit and Intent of this Agreement. Through this Agreement, the City andDCS intend to fully disengage from each other on all matters, disputes, and things including, butnot limited to, the resolution of the City Damage Claims and resolving all claims that wereasserted, or that could have been asserted, in the Lawsuit. Other than their respective rights toenforce any right, term, condition, obligation, or defense under this Agreement, the partiesacknowledge that they shall be fully and finally done with each other with respect to theircontract agreement for replacement of the roof on the City's Fire Station No. 1 project in 2016,and all claims and losses flowing therefrom, except as otherwise provided under Paragraph 3 ofthis Agreement.2. Payment. DCS, through its liability insurer. United Fire Group, shall pay to theCity, and specifically its subrogated insurer, The League of Minnesota Cities Insurance Trust, thetotal sum of Fifty Four Thousand One Hundred and no/100 Dollars ($54,100.00) ("SettlementPayment"). The Settlement Payment shall be made as soon as possible, and not later than thirty(30) days of this Agreement. The Settlement Payment shall be made payable to "League ofMinnesota Cities Insurance Trust" and delivered to the City's counsel, Shelley M.. Ryan, Esq. atHoff Barry, PA, 775 Prairie Center Drive, Suite 160, Eden Prairie, Minnesota 55344-7319.The payee trust account shall, if requested, provide a W-9 as a condition of payment.City ofChanhassen v. Diverse Const. Sen'.Court File No.: 10-CV-18-157Mediated Settlement Agreement#2180500Page 2 of 5v 3. Mutual Releases. Upon receipt and negotiation of the payment provided forunder Paragraph 2, the City and DCS, on behalf of themselves, and on behalf of each and all oftheir respective past and present insurers, representatives, attorneys, officers, directors,shareholders, members, agents, employees, heirs, successors, and assigns, shall and do herebyfully and finally release each other, and each and all of their respective past and present insurers,representatives, attorneys, officers, directors, shareholders, members, agents, employees, heirs,successors, and assigns, from all contracts, agreements, claims, demands, damages,counterclaims, causes of action, defenses, or claims of whatever other kind or nature, whethersounding in contract, tort, or warranty, whether based in law or equity, that the parties may have,or may claim to have, against each other arising out of or related to the contract and projectdealings between the parties, including all claims that were asserted, or that could be asserted, inthe Lawsuit and further including all claims that in any way arise out of or relate to the CityDamage Claims. This mutual release is intended to be full, final, and global between the partiesfor all of their dealings on the 2016 roofing project for Fire Station No. 1 up through the date ofthis Agreement. Nothing in this release shall release the membrane manufacturerwarranties provided on the project, all of which shall survive according to their terms andany defenses thereto. Additionally, the City releases all ofDSC's project subcontractors,including, but not limited to All Vac, Inc. DSC fully reserves its rights to pursuesubrogation claims against All Vac, Inc.4. Dismissal of Lawsuit. Upon the making of the Settlement Payment identified inParagraph 2 above, the Lawsuit shall be dismissed, with prejudice. The dismissal stipulationshall be in the form attached as Exhibit A. The City's counsel shall file the dismissal stipulationas soon as the payment under Paragraph 2 has been confirmed.City ofChanhassen v. Diverse Const. Sei-v.Court File No.: 10-CV-18-157Mediated Settlement Agreement#2180500Page 3 of 5 5. Non-Admission of Liability. Nothing in this Agreement, including the paymentsprovided herein shall constitute an admission of fault or responsibility by either the City or DCS.This settlement is made in compromise of disputed claims. The parties expressly deny allliability for the other's claims.6. Mediator's Fee. The City and DCS shall each pay an equal one-half (1/2) shareof the mediator's fee.7. Sienatory AuthorityA/roluntary Execution. Each of the signatories to thisAgreement acknowledge that they are signing the same of their own free act and deed, afterhaving had full benefit of legal counsel, and without being under any coercion, promise, orcommitment, except as those expressly contained herein. Each of the signatories represent thatthey have secured the necessary authorizations or approvals of their respective owners, boards ofdirectors, or agents to execute this Agreement on their behalf and to bind themselves, theircompany, and their clients. The City must still obtain a signature from its governingauthorities.8. Execution in Counterpart. This Agreement may be signed in counterpart,meaning that not all signatures need appear on the same page of the Agreement for it to beeffective. Electronic signatures shall be deemed as originals.[SIGNATURES APPEAR ON SEPARATE PAGE]City ofChanhassen v. Diverse Const. Sei-v.Court File No.: 10-CV-18-157Mediated Settlement Agreement#2180500Page 4 of 5 /i Dated:S/3^-.•" ^Timc/th/C. Cook, ^ediator/ •'CITY OF CHANHASSENDated:5/^zy/fDated:uParty RepresentativAttorney - She^y'M. RyanDIVERSE CONSTRUCTION SERVICES LLComey -^Toria-tKbn M. ZerilperCity ofChanhassen v. Diverse Const. Sei-v.Court File No.: 10-CV-18-157Mediated Settlement Agreement#2180500 /^,Page 5 of 5 c, C/f MEDIATION AGREEMENTThe undersigned parties agree as follows:1. The undersigned are parties or representatives of parties to the controversyidentified as City ofChanhassen v. Diverse Construction Services LLC; Carver County CourtFile No.: 10-CV-18-157. They have agreed to seek to resolve the controversy throughmediation.2. Each party acknowledges that the mediator has given them written notice that (a)the mediator has no duty to protect their interests or provide them with information about theirlegal rights; (b) signing a mediated settlement agreement may adversely affect their legal rights;and (c) they should consult an attorney before signing a mediated settlement agreement if theyare uncertain about their rights.3. The parties further acknowledge that prior to the commencement of themediation, they were provided with a written disclosure of the qualifications of the mediator,including a description of the mediator's educational background and relevant training andexperience in mediation.4. The parties acknowledge that participation in the mediation is voluntary and maybe terminated at any time by any party, their representative or the mediator upon notice to theother parties. The provisions of the mediation statute with respect to the termination ofmediation only upon written notice are hereby waived.5. The parties agree that (a) all statements, documents and disclosures made orrevealed at the mediation will be treated as settlement discussions under the rules of evidenceand will be inadmissible by any person unless offered by the person giving the statement,revealing the document or making the disclosure; and (b) the mediator will not be compelled togive testimony at a deposition or trial, or by other means or at other times, as to a matter learnedthrough the mediation, except to prove the existence or terms of a settlement agreement which ismade at or through the mediation session or process.6. Unless otherwise agreed in a signed Mediated Settlement Agreement, eachmediation participant and their counsel are collectively responsible for their pro rata share of themediator's fee. In some instances, multiple parties with common interests represented by singlecounsel shall be considered a single mediation participant, and shall pay a single pro rata shareunless otherwise agreed during the mediation process. In some instances, a single party withmultiple attorneys representing different interests or claims may be assessed several fractions ofthe fee, unless otherwise agreed during the mediation process. Final allocation of fees shall be inthe mediator's reasoned discretion, which shall be exercised fairly under the mediationcircumstances. Dated: 5JLL\^Dated:< /2WicSCITY OF CHANHASSENBy: GA^^^-^^.-O..PartyR.epresentati-^ \^{u^itAttorney - Shelley M. Ryan;(DIVERSE CoNSfRUCTION SERVICES LLCHom@^ ^6naiho^M>fothy C. Cook/MediatorCity ofChanhassen v. Diverse Const. Serv.Court File No.: 10-CV-18-157Page 2 of 2#2180500Mediation Agreement STATE OF MINNESOTACOUNTY OF CARVERDISTRICT COURTFIRST JUDICIAL DISTRICTCity of Chanhassen,Plaintiff,V.Case Type: Civil Other/Misc.Court File No.: 10-CV-18-157JudgeSTIPULATION FOR DISMISSAL WITHPREJUDICE AND ORDERDiverse Construction Services LLC,Defendant.The parties to the above-captioned lawsuit, by and through their counsel of record,hereby stipulate and agree that all claims, counterclaims, and defenses asserted between theparties in the above-captioned action have been fully settled, compromised, and resolved andthat, therefore, the action may be dismissed, with prejudice, and without payment of any costs,disbursements, or attorney's fees by or to any party.HOFF BARRY, PADated:By:.Shelley M. Ryan (#348193)775 Prairie Center Drive, Suite 160Eden Prairie, MN 55344-7319952.941.9220sryan@hoffbany.comATTORNEY FOR PLAINTIFF CITY OFCHANHASSENEXHIBIT_!_/. ARTHUR CHAPMAN KETTERINGSMETAK & PIKALA PADated: _ By:_Jonathan M. Zentner (#0297951)500 Young Quinlan Building81 South Ninth StreetMinneapolis, MN 55402612.375.5904j mzentner@arthurchapman. cornATTORNEY FOR DEFENDANT DIVERSECONSTRUCTION SERVICES LLCCity ofChanhassen v. Diverse Const. Serv. Stipulation of Dismissal with Prejudice and OrderCourt File No.: 10-CV-18-157 Page 2 of 3 ORDERBased upon the foregoing stipulation, all claims between the parties are hereby dismissedwith prejudice and without costs, disbursement, or fees to any party.LET JUDGMENT BE ENTERED ACCORDINGLY.BY THE COURT:Dated:The HonorableJudge of Carver County District CourtCity ofChanhassen v. Diverse Const. Serv.Court File No.: 10-CV-18-157Stipulation of Dismissal with Prejudice and OrderPage 3 of 3(}^f CITY COUNCIL STAFF REPORT Monday, June 11, 2018 Subject Resolution 2018­36: Venue/Aldi Property ­ Termination and Release of Easement Rights Section PUBLIC HEARINGS Item No: G.1. Prepared By Paul Oehme, Director of Public Works/City Engineer File No: Planning Case File No. 2017­11 PROPOSED MOTION “The City Council approves the termination and release of all of its rights and interests in the 2004 Easement in its entirety, including but not limited to, releasing its rights and interests in the easement being vacated." Council approval requires a Simple Majority Vote of members present. BACKGROUND On April 7, 2004, a private easement agreement was signed and recorded at the office of Carver County Recorder, Document No. 387168, for cross­access and parking on the Frontier Cinema Addition between Bloomberg Companies Incorporated, Chanhassen Properties, LLC and Southwest Metro Transit Commission. A portion of the Frontier Addition was replatted in 2009 to Chanhassen Transit Station Plat with the parking ramp. The private easement extends over the Chanhassen Transit Station Plat on Outlot B which is Market Street. When the city obtained the outlot it inadvertently became a party to the easement. The Venue site plan was approved on July 10, 2018. DISCUSSION The developer of the Venue has requested the city vacate the private easement. It is recommended the city terminate and release all of its rights and interests in the 2004 Easement in its entirety, including but not limited to, releasing its rights and interests in the easement being vacated. The City of Chanhassen agrees it does not have any right to use or enforce its rights and interests in the 2004 easement or any covenants, restrictions or easements contained. ATTACHMENTS: Resolution Notice of Public Hearing Affidavit of Mailing Easment Exhibit Application for Vacation and Easement Release CITY OF CHANHASSEN CARVER COUNTY, MINNESOTA DATE: June 11, 2018 RESOLUTION NO: 2018-XX MOTION BY: SECONDED BY: RESOLUTION FOR TERMINATION AND RELEASE OF EASEMENT WHEREAS, pursuant to Minnesota Statutes Section 412.851, after published and posted notice of the hearing and after mailing written notice of the hearing before the hearing to each property owner affected by the proposed vacation, the Chanhassen City Council has conducted a hearing to consider the vacation of the easement rights for access and parking over the property legally described on the attached Exhibit A; and WHEREAS, following the hearing and consideration of the proposed vacation, the Council has determined that it is in the public interest to vacate the public right-of-way. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chanhassen: 1. The easement to the City for parking and access on the property legally described on the attached Exhibit A is hereby terminated and released. 2. The vacation shall not affect the authority of any person, corporation, or municipality owning or controlling the electric or telephone poles and lines, gas lines, sanitary and storm sewer lines, water pipes, mains, hydrants, and natural drainage areas thereon or thereunder, to continue maintain the same or to enter upon such way or portion thereof vacated to maintain, repair, replace, remove, or otherwise attend thereof. Passed and adopted by the Chanhassen City Council this 11th day of June, 2018. ATTEST: Todd Gerhardt, City Manager Denny Laufenburger, Mayor YES NO ABSENT EXHIBIT “A” Legal Description of the Easement for parking and access being vacated: That part of the Northeast Quarter of the Northwest Quarter of Section 13, Township 116, Range 23, Carver County, Minnesota described as follows: Commencing at the southeast corner of Outlet A, FRONTIER CINEMA ADDITION, according to the recorded plat thereof, said Carver County; thence North 0 degrees 08 minutes 32 seconds East, assumed bearing along the east line of said Outlot A, a distance of 88.25 feet to the point of beginning of the land to be described; thence East a distance of 111.83 feet; thence North a distance of 15.88 feet; thence East a distance of 120.70 feet; thence North 10 degrees 21 minutes 14 seconds West a distance of 181.50 feet; thence North 89 degrees 51 minutes 28 seconds West a distance of 200.71 feet; thence South a distance of 14.73 feet to the north line of said Outlot A; thence South 89 degrees 51 minutes 28 seconds East a distance of 16.24 feet to the northeast corner of said Outlot A; thence Southerly along said east line to the point of beginning.** **As a result of subdivision, the land described above is a part of the land now legally described as Lots 1 and 3, Chanhassen Transit Station, Carver County, Minnesota. All of Outlot A, FRONTIER CINEMA ADDITION, according to the recorded plat thereof and situate in Carver County, Minnesota. That part of Lot 2, Block 1, FRONTIER CINEMA ADDITION, according to the recorded plat thereof and situate in Carver County, Minnesota, lying southerly of a line drawn westerly and at right angles from a point in the east line of said Lot 2, distant 283.00 feet north of the southeast corner thereof. That part of Lot 1, Block 1, FRONTIER CINEMA ADDITION, according to the recorded plat thereof and situate in Carver County, Minnesota, lying easterly of a line drawn northerly and parallel with the east line of said Lot 1 from a point on the south line of said Lot 1, distant 10.20 feet west of the southeast corner thereof. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA NOTICE OF PUBLIC HEARING FOR TERMINATION AND RELEASE OF EASEMENT RIGHTS NOTICE IS HEREBY GIVEN that the Chanhassen City Council will hold a public hearing on Monday, June 11, 2018, at 7:00 p.m. in the Council Chambers at Chanhassen City Hall, 7700 Market Boulevard, pursuant to Minnesota Statutes §412.851 to consider termination and release of easement rights for access and parking over Outlot B, Chanhassen Transit Station, according to the recorded plat thereof, Carver County, Minnesota. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. George Bender, Assistant City Engineer Phone: 952-227-1164 (Publish in the Chanhassen Villager on May 31 and June 7, 2018) CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COLINTY OF CARVER ) I, Kim T. Meuwissen, being first duly swom, on oath deposes that she is and was on May 30,2018, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for Termination and Release of Easement Rights - Venue/Aldi Planning Case File No. 2017-ll, to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and swom to before me thi+}tt^ day of .],.n(-,2018. iiAN M. srEcKLlNG NotarY Pubtlc'Mlnnesota v Cornmrrron e,.p|* {qt91lT]l CHANHASSEN RETAIL LTD PRTSHP 11428 Z|ON CtR BLOOMINGTON, MN 55437-3622 SPIRIT MASTER FUNDING VIII LLC 16767 N PERIMETER DR STE 210 scoTTsDALE, AZ 85260 1062 TOM-DON REAL ESTATE HOLDINGS INC 2810 W LAKE OF THE ISLES PKY MtNNEAPOLTS, MN 55416-4338 CHANHASSEN MEDICAT ARTS II LLC 470 78TH ST W #260 CHANHASSEN, MN 55317.4527 RICHARD J RASMUSSEN 503 CHAN VIEW CHANHASSEN, MN 55317-9488 DAVID&MEGANLWOODS 509 CHAN VIEW CHANHASSEN, MN 55317-9488 KRAUS.ANDERSON INC 525 S 8TH ST MIN N EAPOLIS, MN 55404-1030 B4DLLC 555 3RD AVE NW HUTCHtNSON, MN 55350-1673 CHAN HASSEN LETSOS LLC PO BOX 1159 DEERFIELD, IL 60015-1159 79TH STREET CENTER PARTNERSHIP LLP PO BOX 580 CHANHASSEN, MN 55317-0580 SOUTHWEST TRANSIT 13500 TECHNOLOGY DR EDEN PRAIRIE, MN 55344.2283 VIRGINIA S THOMAS FAMILY LP 226 COU RTLAN D ST EXCELSTOR, MN 55331-1728 TWIN CITIES & WESTERN RAILROAD 2925 12TH ST E GLENCOE, r\4N 55336-3368 CHAN HASSEN MEDICAL ARTS LP 470 78TH ST W #260 CHAN HASSEN, MN 55317.4540 DEBRA LUCIEN N E SCHROEDER 505 CHAN VW CHAN HASSEN, MN 55317-9488 ARTHUR M & DARLENE M KERBER 511 CHAN VIEW CHAN HASSEN, MN 55317.9488 CHANHASSEN INN 531 W 79TH ST CHANHASSEN, MN 55317. PALUMBO REV DECLARATION OF TRUST 6200 OAK TREE BLVD STE 250 INDEPEN DENCE, OH 44131.6943 MARK & ROSE ANN SCHLENK PO BOX 145 CHANHASSEN, MN 55317.0145 CHAN HASSEN LODGING LLC PO BOX 127 WAITE PARK, MN 56387-0727 STATE BANK OF CHAN HASSEN 1550 AUDUBON RD cHASKA, MN 55318-9508 AREA INVEST LLC 276 WATER ST EXCELSTOR, MN 55331-1825 CHAN HASSEN FRONTIER LLC 3600 AMERICAN BLVD SUITE 750 BLOOMINGTON, MN 55431-4514 HERITAGE PARK APARTMENTS 470 78TH ST W #260 CHANHASSEN, MN 55317-4547 DEAN HARLAN WALLENTINE 507 CHAN VIEW CHANHASSEN, MN 55317-9488 HAVLIK FAMILY TRUST AGMT 513 CHAN VIEW CHANHASSEN, MN 55317. AKINS CHANVIEW LLC 5416 W 70TH ST #8 EDINA, MN 55439. NEW CHAN HASSEN HOLDING COMPANY LLC PO BOX 100 CHAN HASSEN, MN 55317-O1OO CHAN HASSEN PROPERTIES LLC PO BOX 271 CHAN HASSEN, MN 55317-0271 BLOOMBERG COMPANIES INC PO BOX 730 CHANHASSEN, MN 55317-0730 CITY OF CHANHASSEN CARVER AND HENNEPIN COI-INTIES, MINNESOTA NOTICE OF PUBLIC HEARING FOR TERMINATION AND RELEASE OF EASEMENT RIGHTS NOTICE IS HEREBY GIVEN that the Chanhassen City Council will hold a public hearing on Monday, June 11,2018 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall,7700 Market Boulevard, pursuant to Minnesota Statutes $412.851 to consider termination and release of easement rights for access and parking over Outlot B, Chanhassen Transit Station, according to the recorded plat thereof, Carver County, Minnesota. The easement being vacated was created under an Easement Agreernent for Access and Parking dated April 7, 2004, recorded at the Office of the Carver County Recorder on May 20, 2004, as Document No. 387168, as modified by a Partial Release of Easements, dated January 4, 2010, and recorded on January 4, 2010, as Document No. 513004, and as modified by a Release of Easernents dated January 4, 2010, and recorded on January 4, 2010, as Document No. 513005 (the "2004 Easement"). The City of Chanhassen hereby terminates and releases all of its rights and interests in the 2004 Easement in their entirety, including, but not limited to, releasing its rights and interests in the easement being vacated. The City of Chanhassen agrees that it no longer has any right to use or enforce its rights and interests in the 2004 Easement or any covenants, restrictions or easements contained therein." All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Paul Oehme, Dir. of Public Works/City Engineer Phone: 952-227-1169 (Publish in the Chanhassen Yillager on May 31 and June 7, 2018) CITY OF CHANHASSEN CARVER COUNTY, MINNESOTA DATE:June 11,2018 RESOLUTION NO:2018-XX MOTION BY:SECONDED BY: RESOLUTION FOR TERMINATION AND RELEASE OF EASEMENT VENUE/ALDI PLANNING CASE FILE NO.2017.1I WHEREAS, pursuant to Minnesota Statutes Section 412.851, after published and posted notice of the hearing and after mailing written notice of the hearing before the hearing to each property owner affected by the proposed vacation, the Chanhassen City Council has conducted a hearing to consider the vacation of the public drainage and utility easement legally described on the attached Exhibit "A"; and WHEREAS, following the hearing and consideration of the proposed vacation, the Council has determined that it is in the public interest to vacate the public right-of-way. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chanhassen: 1. The easement to the City for parking and access on the property legally described on the attached Exhibit A is hereby terminated and released. 2. The vacation shall not affect the authority of any person, corporation, or municipality owning or controlling the electric or telephone poles and lines, gas lines, sanitary and storm sewer lines, water pipes, mains, hydrants, and natural drainage areas thereon or thereunder, to continue maintain the same or to enter upon such way or portion thereof vacated to maintain, repair, replace, remove, or otherwise attend thereof. Passed and adopted by the Chanhassen City Council this 1 Ith day of June, 20 I 8, ATTEST: Todd Gerhardt, City Manager YES Denny Laufenburger, Mayor ABSENTNO EXHIBIT "A" Legal Description of the Easement for parking and access being vacated: That part of the Northeast Quarter of the Northwest Quarter of Section 13, Township I 16, Range 23, Carver County, Minnesota described as follows: Commencing at the southeast corner of Outlet A, FRONTIER CINEMA ADDITION, according to the recorded plat thereof, said Carver County; thence North 0 degrees 08 minutes 32 seconds East, assumed bearing along the east line of said Outlot A, a distance of 88.25 feet to the point of beginning of the land to be described; thence East a distance of 1 1 1.83 feet; thence North a distance of 15.88 feet; thence East a distance of 120.70 feet; thence North 10 degrees 21 minutes 14 seconds West a distance of 181.50 feet; thence North 89 degrees 5l minutes 28 seconds West a distance of 200.71 feet; thence South a distance of 14.73 feet to the north line of said Outlot A; thence South 89 degrees 51 minutes 28 seconds East a distance of 16.24 feet to the northeast corner of said Outlot A; thence Southerly along said east line to the point of beginning.** **As a result of subdivision, the land described above is a part of the land now legally described as Lots I and 3, Chanhassen Transit Station, Carver County, Minnesota. All of Outlot A, FRONTIER CINEMA ADDITION, according to the recorded plat thereof and situate in Carver County, Minnesota. That part of Lot 2, Block 1, FRONTIER CINEMA ADDITION, according to the recorded plat thereof and situate in Carver County, Minnesota, lying southerly of a line drawn westerly and at right angles from a point in the east line of said Lot 2, distant 283.00 feet north of the southeast corner thereof. That part of Lot 1, Block 1, FRONTIER CINEMA ADDITION, according t<j'the recorded plat thereof and situate in Carver County, Minnesota, lying easterly of a line drawn northerly and parallel with the east line of said Lot 1 from a point on the south line of said Lot 1, distant 10.20 feet west of the southeast corner thereof. Access & Parking EasementPer Doc. No. A387168Ex B Parcel 1Access & Parking EasementPer Doc. No. A387168Ex B Parcel 2 (All of OL A)Access & Parking EasementPer Doc. No. A387168Ex B Parcel 378TH STREET WESTMARKET BLVDVehicular EasementPer Doc. No. A387168Ex EVehicular EasementPer Doc. No. A387168Ex EThe description containedin Exhibit E of Doc. No.387168 can be interpretedtwo different ways, bothinterpretations are shownon this survey.Parcel 5 - Exhibit 3 Doc. No. 387168 I HEREBY CERTIFY THAT THIS SURVEY, PLAN, OR REPORT WASPREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM ADULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OFMINNESOTA.DATELIC. NO.43110DANIEL L. STUEBERPROJECTTITLESHEETTHIS DOCUMENT IS THE PROPERTY OF I & S GROUP, INC.AND MAY NOT BE USED, COPIED OR DUPLICATEDWITHOUT PRIOR WRITTEN CONSENT.DATEREVISION SCHEDULEDESCRIPTIONBY20280 EASE EXPROJECT NO.FILE NAMEDRAWN BYDESIGNED BYORIGINAL ISSUE DATECLIENT PROJECT NO.REVIEWED BY 3OF-KH--17-20280--/--/--CHANHASSENMINNESOTA3EASEMENTEXHIBITDOC. NO. 387168UNITEDPROPERTIESTHE VENUE0SCALE IN FEET4080NW 1/4 SEC. 13, TWP. 116, RGE. 23SITEVICINITY MAP(NOT TO SCALE)Carver County, MinnesotaNW 1/4NW 1/4NE 1/4NW 1 / 4SE 1/4NE 1/4SW 1/4NW 1 / 4 Great PlainsBlvdMarket Blvd 78th Street WDRAFT COMMUNITY DEVELOPMENT DEPARTMENT Planning Division -7700 Market Boulevard Mailing Address - P.O. Box 147 , Chanhassen, MN 55317 Phone: (952)227-1300 / Fax: (952)227-1110 *crTYoICHAttHAsstil FOR DEVELOPMENT REV!EW CC Date: 60-Day Review Date:Submittal Date: APPLICATION PC Date: (Refer to the appropriate Application Checklist for required submittal information that must accompany this application) tr n tr E Comprehensive Plan Amendment........... . .. $600 E Subdivision (SUB) E Minor MUSA line for failing on-site sewers ... $100 n Create 3 lots or less ............ ...$300 E Create over 3 |ots............. ....$600 + $15 per lot(_ lots) n Metes & Bounds (2 lots) ...$300 n Consolidate lots...... ..$150 n tot Line Adjustment.............. . ....$150 E Finat P1at............. ......$700 (lncludes $450 escrow for attorney costs)* -Additional escrow may be required for other applications through the development contract. Vacation of Easements/Right-of-way (VAC).... ... $300 (Additional recording fees may apply) Variance (VAR) ....... $200 Wetland Alteration Permit (WAP) E Single-Family Residence........... . $150 E rutothers........ .........$275 Zoning Appeal........ $100 Zoning Ordinance Amendment (ZOA) . $500 p[!: When multiple applications are processed concurrently, the appropriate fee shall be charged for each application. Property Owners' List within 500' (citv to generate after pre-application meeting) .............r..... $3 per address ( 30 addresses) Escrow for Recording Documents (check all that apply)......... .jj_................... $50 per document E Conditional Use Permit E lnterim ur" p"iril n sit" prrn ngreJment E Vacation n Variance E Wetland Alteration Permit n nletes & Bounds Subdivision (3 docs.) E Easements (- easements) [ Deeds TOTAL FEE: Conditional Use Permit (CUP) n Single-Family Residence ................................ $325 E rut others......... .. $425 lnterim Use Permit (lUP) ! ln conjunction with Single-Family Residence..$325 E rul others........ .......... $425 Rezoning (REZ) n Planned Unit Development (PUD) . ...$750 n Minor Amendment to existing PUD............ ... $100 fl All others........ ... $500 Sign Plan Review........ ... $150 Site Plan Review (SPR) E Administrative......... . $100 n Commercial/lndustrial Districts" ... $500 Plus $10 per 1 ,000 square feet of building area:(_ thousand square feet) "lnclude number of g&Etl4gemployees: - *lnclude number of 4egy employees: E Residential Districts. . ...$500 Plus $5 per dwelling unit ( units) a tr tr n V g n n tr n Description of Proposal: See Exhibit A for the description of the proposal. Property Address or Location:525 West 78th Street, Chanhassen, MN (generally; additional street addresses encompassed) Parcel#:25.2830033 Legal Description:See Exhibit B for legal description of the Property owned by Applicant TotalAcreage:4.02 Wetlands Present? ! Yes Z t'lo Present Zoning:Central Business District (CBD)Requested Zoning: Not APPIicable Present Land Use Designation' Mixed Requested Land Use Designation:Not Applicable Existing Use of property: Commercial; currently in the process of being redeveloped as mixed use retail and residential. ECheck box if separate narrative is attached. Section 1:allthat Section 2: APPLICANT OTHER THAN PROPERTY OWNER: ln signing this application, l, as applicant, represent to have obtained authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to the right to object at the hearings on the application or during the appeal period. lf this application has not been signed by the property owner, I have attached separate documentation of full legal capacity to file the application. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. Name:Contact: Phone:Address: City/State/Zip: Email: Contact: Phone: Cell: Fax: Cell: Fax: Signature:Date: PROPERTY OWNER: ln signing this application, l, as property owner, have full legal capacity to, and hereby do, authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those conditions, subject only to the right to object at the hearings or during the appeal periods. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. Name:Chanhassen Frontier LLC Rick McKelvey Address:c/o United Properties 651 Nicollet Mall, Suite 450 (952) 893-8271 City/State/Zip:Minneapolis, MN 55402 Cell:(612) e19-5294 PROJECT ENGINEER (if applicable) Name:Contact: Phone:Address: City/State/Zip: Email: This application must be completed in full and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, refer to the appropriate Application Checklist and confer with the Planning Department to determine the specific ordinance and applicable procedural requirements and fees. A determination of completeness of the application shall be made within 15 business days of application submittal. written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. Who should receive copies of staff reports?*Other Contact lnformation: Via: E] Email Via: E Email Via: n Email Via: E Email Entra Property Owner Applicant Engineer Other* E tvtaiteo Paper Copy n nllaiteo Paper Copy n uaiteo Paper Copy E ruaiteo Paper Copy Greg Brenny INSTRUCTIONS TO APPLICANT: Complete all necessary form fields, then select SAVE FORM to save a copy to your device. PRINT FORM and deliver to city along with required documents and payment. SUBMIT FORM to send a digital copy to the city for processing. SAVE FORM PRINT FORM SUBMIT FORM Section 3:Owner and !nformation Section 4: Notification lnformation Name: Address: City/State/Zip: Email: Exhibit A to Application for Development Review Description of Proposal Applicant hereby requests that the City terminate and release a certain easement agreement described below and all right, title and interest in such easement agreement as well as vacate the easements created under such easement agreement. Terminate and Release of Easement Agreement Applicant requests that the City of Chanhassen terminate and release all of its rights and interests in the Easement Agreement for Access and Parking dated April7,2004, recorded at the Office of the Carver County Recorder on May 20, 2004, as Document No. 387168, as modified by a Partial Release of Easements, dated January 4,2010, and recorded on January 4,2010, as Document No. 513004, and as modified by a Release of Easements dated January 4,2010, and recorded on January 4,2010, as Document No. 513005 (the "2004l4qg!qgn1") in their entirety, including, but not limited to, releasing its rights and interests in the easement being vacated. Applicant requests that the City of Chanhassen agree that it no longer has any right to use or enforce its rights and interests in the 2004 Easement or any covenants, restrictions or easements contained therein. Easement Areas Being Vacated (including legal descriptions) Applicant requests that the City vacate the easements created under the 2004 Easement, which easement areas are legally described as follows: That part of the Northeast Quarter of the Northwest Quarter of Section 13, Township 1 16, Range 23, Carver County, Minnesota described as follows: Commencing at the southeast corner of Outlet A, FRONTIER CINEMA ADDITION, according to the recorded plat thereof, said Carver County; thence North 0 degrees 08 minutes 32 seconds East, assumed bearing along the east line of said Outlot A, a distance of 88.25 feet to the point of beginning of the land to be described; thence East a distance of 111.83 feet; thence North a distance of 15.88 feet; thence East a distance of 120.70 feet; thence North 10 degrees 21 minutes 14 seconds West a distance of 181.50 feet; thence North 89 degrees 51 minutes 28 seconds West a distance of 200.71 feet; thence South a distance of 14.73 feet to the north line of said Outlot A; thence South 89 degrees 51 minutes 28 seconds East a distance of 16.24 feet to the northeast comer of said Outlot A; thence Southerly along said east line to the point of beginning.** **As a result of subdivision, the land described above is a part of the land now legally described as Lots 1 and 3, Chanhassen Transit Station, Carver County, Minnesota. All of Outlot A, FRONTIER CINEMA ADDITION, according to the recorded plat thereof and situate in Carver County, Minnesota. 1 08 I 6699v1 Exhibit A to Application for Development Review (continued) That part of Lot 2, Block l, FRONTIER CINEMA ADDITION, according to the recorded plat thereof and situate in Carver County, Minnesota, lying southerly of a line drawn westerly and at right angles from a point in the east line of said Lot 2, distant 283.00 feet north of the southeast corner thereof. That part of Lot 1, Block 1, FRONTIER CINEMA ADDITION, according to the recorded plat thereof and situate in Carver County, Minnesota, lying easterly of a line drawn northerly and parallel with the east line of said Lot 1 from a point on the south line of said Lot l, distant 10.20 feet west of the southeast corner thereof. I 08 I 6699v1 Exhibit B to Application for Development Review Legal Description of Applicant's Property Lot2, Block l, Frontier Cinema Addition, Carver County, Minnesota. And Outlot A, Frontier Cinema Addition, Carver County, Minnesota, EXCEPT that part thereof now platted into Chanhassen Transit Station, described as follows: Commencing at the Southeast corner of said Outlot A, Frontier Cinema Addition, Carver County, Minnesota; thence North 00 degrees, 33 minutes, 26 seconds West, an assumed bearing, along the East line of said Outlot A, a distance of 110.00 feet; thence North 17 degrees 52 minutes 40 seconds East along said East line of Outlot A, a distance of 6.11 feet to the point of beginning; thence North 1l degrees 09 minutes 45 seconds West a distance of 98.29 feet; thence North 78 degrees 50 minutes 15 seconds East a distance of 31.70 feet to said east line of Outlot A;thence southerly along said East line of Outlot A to the point of beginning. And Lot 3, Block 1, Chanhassen Transit Station, Carver County, Minnesota, EXCEPT that part of said Lot 3 lying southerly of Lot 2, Block 1, said Chanhassen Transit Station, and easterly of the following described line: Beginning at the Northeast corner of Outlot A, Frontier Cinema Addition, said Carver County, Minnesota; thence North 00 degrees 33 minutes 27 seconds West, assumed bearing along the Northerly extension of the East line of said Outlot A, a distance of 40.00 feet; thence South 89 degrees 26 minutes 33 seconds West a distance of 54.37 feet to the southerly extension of the West line of said Lot2; thence North 00 degrees 01 minutes 05 seconds West, along said line extended a distance of 18.92 feet to the southem most corner of said West line and said line there terminating. 10816699v1 Exhibit C to Application for Development Review Statement of Need (Item 5 on Application Checklist) Applicant requests that the 2004 Easement be terminated, released and vacated because they are redeveloping a portion of the property encumbered by the 2004 Easement. 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I $elsl< \ ffit r----\m \-__J \ f __l t i)i'al;l ?,, --),, 11 lll r---t,-'t -",..-,. "*.. r------l .-"""".*- 8773 *-*." E Ehd.eE e c,k- * uo,* O E M-id"tndBd E ,,c6drod O uaM.ih& LEGEND a r{.ldM,rtaid o hddneeNd ---r--- hdlldelb. ---r--- h4@idwh ---*--- o6nduryth. ------- LDedreh -------- &rao@qMrh. b ri*O." ;-:":: M 1/4 SEC,13, M. r16, reE.23 C.rcrOury, Minnsob B4 4tu UlIITED PROPERTIES THE VENUE ALTA/NSPS LAND TITLE SURVEY OVERALL EXTSTI}IG CONDITIONS 4 | ,r-""0*''' i:\' t.tif I I I I I L - N $ CITY COUNCIL STAFF REPORT Monday, June 11, 2018 Subject Review of Claims Paid 06­11­2018 Section CORRESPONDENCE DISCUSSION Item No: K.1. Prepared By Greg Sticha, Finance Director File No:  SUMMARY The following claims are submitted for review on June 11, 2018: Check Numbers Amounts 167139 – 167199 $204,469.32 ACH Payments $1,006,240.83 Total All Claims $1,210,710.15 ATTACHMENTS: Check Summary Check Summary ACH Check Detail Check Detail ACH Accounts Payable User: Printed: dwashburn 6/1/2018 2:52 PM Checks by Date - Summary by Check Number Check No Check DateVendor NameVendor No Void Checks Check Amount 413FIT 413 FITNESS 05/24/2018 0.00 146.50167139 AARP AARP 05/24/2018 0.00 115.00167140 AARP AARP 05/24/2018 0.00 195.00167141 AllSea All Seasons Building Co.05/24/2018 0.00 250.00167142 BCATRA BCA 05/24/2018 0.00 270.00167143 BERCOF BERRY COFFEE COMPANY 05/24/2018 0.00 593.97167144 BLUEOX Blue Ox Heating & Air LLC 05/24/2018 0.00 10.00167145 BUSSHOLL Holly Busse 05/24/2018 0.00 25.00167146 CLITHE CLIMB THEATRE INC 05/24/2018 0.00 475.00167147 COMASP Commercial Asphalt Co 05/24/2018 0.00 714.14167148 CORMAI CORE & MAIN LP 05/24/2018 0.00 143.00167149 CUTABO CUT ABOVE INC 05/24/2018 0.00 800.00167150 DELTOO DELEGARD TOOL COMPANY 05/24/2018 0.00 195.80167151 HOMFUR Homeplace Furnace Duct & Fireplace Cleaning Inc05/24/2018 0.00 119.95167152 Hortal Horizon Talent Agency 05/24/2018 0.00 500.00167153 ISGro I & S Group, Inc 05/24/2018 0.00 1,000.00167154 ICMART ICMA RETIREMENT AND TRUST-457 05/24/2018 0.00 1,445.83167155 KENGRA KENNEDY & GRAVEN, CHARTERED 05/24/2018 0.00 416.10167156 LAKSUP LAKE SUPERIOR COLLEGE 05/24/2018 0.00 575.00167157 ScoLew Lewis & Associates 05/24/2018 0.00 8,550.00167158 MNHEAL MN DEPT OF HEALTH 05/24/2018 0.00 13,158.00167159 MNFIRE MN FIRE SERVICE CERTIFICATION BOARD05/24/2018 0.00 690.00167160 MTIDIS MTI DISTRIBUTING INC 05/24/2018 0.00 9,054.00167161 NUTTDON Don Nutter 05/24/2018 0.00 1,122.18167162 OLSOANNI Annika Olson 05/24/2018 0.00 824.00167163 Ove&Son Overline & Son, Inc.05/24/2018 0.00 2,385.00167164 PEOELE PEOPLES ELECTRICAL CONTRACTORS05/24/2018 0.00 3,797.67167165 RAITRE RAINBOW TREE COMPANY 05/24/2018 0.00 640.00167166 RonCla REC Inc 05/24/2018 0.00 4,000.00167167 RUEGJERR JERRY RUEGEMER 05/24/2018 0.00 200.00167168 SEH SEH 05/24/2018 0.00 2,051.51167169 THEIJIM JIM THEIS 05/24/2018 0.00 47.98167170 TNCIND TNC Industries Inc 05/24/2018 0.00 57,326.00167171 UnitRent United Rentals (North America), Inc.05/24/2018 0.00 4,767.43167172 VavrMatt Matthew Varichek 05/24/2018 0.00 300.00167173 WINGRICH RICHARD WING 05/24/2018 0.00 100.00167174 AMETES AMERICAN TEST CENTER 05/31/2018 0.00 2,250.00167175 ASPMIL ASPEN MILLS 05/31/2018 0.00 300.44167176 bffas B & F Fastener Supply 05/31/2018 0.00 646.97167177 B&HMan B&H Manufacturing, Inc.05/31/2018 0.00 392.81167178 BOEHMICH Michael Boehn 05/31/2018 0.00 250.00167179 BUSSHOLL Holly Busse 05/31/2018 0.00 25.00167180 CARLIC CARVER COUNTY LICENSE CENTER 05/31/2018 0.00 43.50167181 EmbMinn CENTURYLINK 05/31/2018 0.00 713.13167182 CORMAI CORE & MAIN LP 05/31/2018 0.00 310.00167183 COTHOM Cotswold Homes LLC 05/31/2018 0.00 3,750.00167184 ECOLAB ECOLAB 05/31/2018 0.00 75.18167185 Page 1AP Checks by Date - Summary by Check Number (6/1/2018 2:52 PM) Check No Check DateVendor NameVendor No Void Checks Check Amount FerEnt Ferguson Enterprises, Inc. #1657 05/31/2018 0.00 183.43167186 GRELAK GREAT LAKES COCA-COLA DISTRIBUTION LLC05/31/2018 0.00 426.35167187 KALKJAY Jay Kalk 05/31/2018 0.00 1,200.00167188 KATZJULI LOUIS AND JULIE KATZ 05/31/2018 0.00 500.00167189 KENGRA KENNEDY & GRAVEN, CHARTERED 05/31/2018 0.00 910.00167190 KODCUS KODIAK CUSTOM LETTERING 05/31/2018 0.00 49.00167191 FavrKati Katie Mathews 05/31/2018 0.00 100.00167192 MINNCON Minnetonka Construction 05/31/2018 0.00 118.20167193 POST POSTMASTER 05/31/2018 0.00 676.01167194 RanChe Ranger Chevrolet Buick GMC 05/31/2018 0.00 72,946.68167195 SOFHOU SOFTWARE HOUSE INTERNATIONAL 05/31/2018 0.00 625.00167196 TFOFIN TFORCE FINAL MILE 05/31/2018 0.00 45.81167197 VOLFIR ASSOC OF MINN VOLUNTEER FIREFIGHTERS BENEFIT05/31/2018 0.00 561.00167198 carlic CARVER COUNTY LICENSE CENTER 05/31/2018 0.00 366.75167199 Report Total (61 checks): 204,469.32 0.00 Page 2AP Checks by Date - Summary by Check Number (6/1/2018 2:52 PM) Accounts Payable Checks by Date - Summary by Check User: dwashburn Printed: 6/1/2018 2:52 PM Check No Vendor No Vendor Name Check Date Void Checks Check Amount ACH Z-4IMPRI 4Imprint 05/16/2018 0.00 1,464.74 ACH Z-ALLFUS Allfuses.com 05/16/2018 0.00 28.94 ACH Z-AMAZON Amazon 05/16/2018 0.00 2,983.31 ACH Z-AMECAR American Carnival Mart 05/16/2018 0.00 247.50 ACH Z-AMELEG American Legion 05/16/2018 0.00 170.09 ACH Z-AMEPLA American Planning Association 05/16/2018 0.00 539.00 ACH Z-APPLE Apple.com 05/16/2018 0.00 599.15 ACH Z-BEIHYD Beiler Hydralics 05/16/2018 0.00 135.97 ACH Z-BUFWIL Buffalo Wild Wings 05/16/2018 0.00 103.74 ACH Z-COSTCO Costco Wholesale 05/16/2018 0.00 40.50 ACH Z-CUBFOO Cub Foods 05/16/2018 0.00 73.47 ACH Z-DIS2GO Display 2 Go 05/16/2018 0.00 157.91 ACH Z-EDGHOT Edgewater Hotel & Waterpark 05/16/2018 0.00 722.02 ACH Z-FORSUP Forestry Suppliers 05/16/2018 0.00 654.33 ACH Z-FOSBRO Foster Bros Marine 05/16/2018 0.00 346.36 ACH Z-GEMPLE Gempler's 05/16/2018 0.00 67.97 ACH Z-HAMSCH Hamline School of Business 05/16/2018 0.00 - ACH Z-HOLSTA Holiday Stationstore 05/16/2018 0.00 20.02 ACH Z-HOMDEP Home Depot 05/16/2018 0.00 458.01 ACH Z-INTPAR Interstate Parking 05/16/2018 0.00 5.00 ACH Z-KWITRI Kwik Trip 05/16/2018 0.00 13.50 ACH Z-LUNBYE Lunds & Byerly's 05/16/2018 0.00 35.61 ACH Z-MENARD Menards 05/16/2018 0.00 810.20 ACH Z-MERLIN Merlins Ace Hardware 05/16/2018 0.00 10.73 ACH Z-MICHAE Michaels 05/16/2018 0.00 153.76 ACH Z-MICCEN Micro Center 05/16/2018 0.00 78.45 ACH Z-MILFLE Mills Fleet Farm 05/16/2018 0.00 23.60 ACH Z-MNSTA Minnesota State Colleges and Universities 05/16/2018 0.00 245.00 ACH Z-MNLABO MN Dept of Labor and Industry 05/16/2018 0.00 65.00 ACH Z-NATCAM National Camera Exchange 05/16/2018 0.00 9.99 ACH Z-NATREG National Registry Of EMT 05/16/2018 0.00 15.00 ACH Z-NETLIT Net Litin Distributors 05/16/2018 0.00 98.62 ACH Z-NOOCOM Noodles & Company 05/16/2018 0.00 118.11 ACH Z-NORTOO Northern Tool+Equipment 05/16/2018 0.00 161.22 ACH Z-OFFMAX Office Max/Office Depot 05/16/2018 0.00 803.45 ACH Z-PARBAK Paragon Bakery 05/16/2018 0.00 8.20 ACH Z-PARCIT Party City 05/16/2018 0.00 79.23 ACH Z-POTBEL Potbelly Sandwich Shop 05/16/2018 0.00 61.42 ACH Z-PUBSUR Public Surplus 05/16/2018 0.00 18.32 ACH Z-ROTCLU Rotary Club 05/16/2018 0.00 106.00 ACH Z-S&SWOR S&S Worldwide 05/16/2018 0.00 74.99 ACH Z-SAMCLU Sam's Club 05/16/2018 0.00 226.91 ACH Z-SHAFIL ShareFile 05/16/2018 0.00 526.50 ACH Z-SHOWST Showstopper Inc 05/16/2018 0.00 4,486.00 Page 1 of 3 Check No Vendor No Vendor Name Check Date Void Checks Check Amount ACH Z-TARGET Target 05/16/2018 0.00 1,002.27 ACH Z-TESSCO Tessco 05/16/2018 0.00 132.06 ACH Z-TRATEA Traveling Teams 05/16/2018 0.00 (40.00) ACH Z-TUEMOR Tuesday Morning 05/16/2018 0.00 5.37 ACH Z-UOFM U of M Contlearning 05/16/2018 0.00 900.00 ACH Z-UOFMN U OF M EXT CENTRAL REG 05/16/2018 0.00 40.00 ACH Z-UFCFAR UFC Farm Supply 05/16/2018 0.00 199.99 ACH Z-VARIDE VARIDESK LLC 05/16/2018 0.00 455.00 ACH Z-VONHAN Von Hanson's Meats 05/16/2018 0.00 100.00 ACH Z-WALGRE Walgreens 05/16/2018 0.00 12.27 ACH Z-WALMAR Wal-Mart 05/16/2018 0.00 101.89 ACH Z-WTSINT WTS International 05/16/2018 0.00 95.00 ACH Avesis Avesis Third Party Administrators, Inc. 05/24/2018 0.00 168.03 ACH LANZBOB BOB LANZI 05/24/2018 0.00 294.00 ACH BOYTRU Boyer Truck Parts 05/24/2018 0.00 49.64 ACH GiveSeth Cavalier Productions LLC 05/24/2018 0.00 850.00 ACH CIVPLU CivicPlus 05/24/2018 0.00 10,233.30 ACH FASCOM FASTENAL COMPANY 05/24/2018 0.00 14.14 ACH HAWCHE HAWKINS CHEMICAL 05/24/2018 0.00 4,390.78 ACH INDLAN Indoor Landscapes Inc 05/24/2018 0.00 374.00 ACH InnOff Innovative Office Solutions LLC 05/24/2018 0.00 229.28 ACH JEFFIR JEFFERSON FIRE SAFETY INC 05/24/2018 0.00 7,527.95 ACH POTTJENN JENNY POTTER 05/24/2018 0.00 21.80 ACH AlHiJuli Juli Al-Hilwani 05/24/2018 0.00 28.00 ACH LYMLUM LYMAN LUMBER 05/24/2018 0.00 709.52 ACH MESKRA MESSERLI & KRAMER P.A. 05/24/2018 0.00 3,500.00 ACH MinEqu Minnesota Equipment 05/24/2018 0.00 49.16 ACH MVEC MN VALLEY ELECTRIC COOP 05/24/2018 0.00 84.62 ACH NAPA NAPA AUTO & TRUCK PARTS 05/24/2018 0.00 273.24 ACH PIOENG Pioneer Engineering, P.A. 05/24/2018 0.00 5,500.00 ACH POWCHA POWER SYSTEMS 05/24/2018 0.00 58.52 ACH PREWAT Premium Waters, Inc 05/24/2018 0.00 10.30 ACH SPRPCS SPRINT PCS 05/24/2018 0.00 103.44 ACH STRGUA STRATOGUARD LLC 05/24/2018 0.00 160.00 ACH SunLif Sun Life Financial 05/24/2018 0.00 1,400.93 ACH ULTCON ULTIMATE CONTROLS ELECTRIC LLC 05/24/2018 0.00 4,805.00 ACH UNIWAY UNITED WAY 05/24/2018 0.00 28.40 ACH WATSON WATSON COMPANY 05/24/2018 0.00 1,029.23 ACH WAYTEK WAYTEK INC 05/24/2018 0.00 87.50 ACH WENCK WENCK ASSOCIATES INC 05/24/2018 0.00 2,340.02 ACH WMMUE WM MUELLER & SONS INC 05/24/2018 0.00 284.13 ACH WSB WSB & ASSOCIATES INC 05/24/2018 0.00 35,498.74 ACH XCEL XCEL ENERGY INC 05/24/2018 0.00 9,456.37 ACH ZARBRU ZARNOTH BRUSH WORKS INC 05/24/2018 0.00 393.90 ACH A1ELE A-1 ELECTRIC SERVICE 05/31/2018 0.00 87.04 ACH AdvEng Advanced Engineering & Environmental Services, Inc 05/31/2018 0.00 1,372.47 ACH AFLAC American Family Life Assurance Company of Columbus 05/31/2018 0.00 39.78 ACH ColLif Colonial Life & Accident Insurance Co 05/31/2018 0.00 257.58 ACH FergEnte Ferguson Waterworks #2516 05/31/2018 0.00 8,549.55 ACH HeaStr Health Strategies 05/31/2018 0.00 288.00 ACH InnOff Innovative Office Solutions LLC 05/31/2018 0.00 211.06 ACH MACEQU MACQUEEN EQUIPMENT 05/31/2018 0.00 244.24 ACH MVEC MN VALLEY ELECTRIC COOP 05/31/2018 0.00 143.11 ACH NAPA NAPA AUTO & TRUCK PARTS 05/31/2018 0.00 407.94 Page 2 of 3 Check No Vendor No Vendor Name Check Date Void Checks Check Amount ACH PINKRAY RAY PINK 05/31/2018 0.00 600.00 ACH RICLAK RICE LAKE CONSTRUCTION GROUP 05/31/2018 0.00 853,715.13 ACH USABLU USA BLUE BOOK 05/31/2018 0.00 1,789.95 ACH WATSON WATSON COMPANY 05/31/2018 0.00 480.22 ACH XCEL XCEL ENERGY INC 05/31/2018 0.00 24,594.75 ACH ZIEGLE ZIEGLER INC 05/31/2018 0.00 3,454.38 Report Total: 0.00 1,006,240.83 Page 3 of 3 Accounts Payable Check Detail-Checks User: dwashburn Printed: 06/01/2018 - 3:17 PM Name Check Da Account Description Amount 413 FITNESS 05/24/2018 101-1533-4300 Personal Training 146.50 413 FITNESS 146.50 AARP 05/24/2018 101-1560-4300 Driver Safety - 8 hr course 6183.115 115.00 AARP 05/24/2018 101-1560-4300 Driver Safety - Refresher course 6183.112 195.00 AARP 310.00 All Seasons Building Co.05/24/2018 815-8202-2024 Erosion Escrow - 1691 Mayapple Pass 250.00 All Seasons Building Co. 250.00 AMERICAN TEST CENTER 05/31/2018 101-1320-4530 Annual Safety Inspection - Bucket Truck, Crane, Lifts 1,675.00 AMERICAN TEST CENTER 05/31/2018 101-1320-4530 Annual Safety Inspection - Fire Truck Tested 575.00 AMERICAN TEST CENTER 2,250.00 ASPEN MILLS 05/31/2018 101-1220-4240 Badge Custom Chanhassen Fire 66.85 ASPEN MILLS 05/31/2018 101-1220-4240 CB Award Bar Five Color w/# Rhodium 163.37 ASPEN MILLS 05/31/2018 101-1220-4240 Badge Custom Chanhassen Fire 70.22 ASPEN MILLS 300.44 B & F Fastener Supply 05/31/2018 101-1320-4120 Splicers, Adapters,Elbows,Air Brake Unioin 258.28 B & F Fastener Supply 05/31/2018 101-1550-4120 Nuts, Hex Cap, Screws 69.99 B & F Fastener Supply 05/31/2018 700-0000-4120 Nuts, Cap screws, Bolt, Washer 318.70 B & F Fastener Supply 646.97 B&H Manufacturing, Inc.05/31/2018 101-1550-4120 Sprocket, Shear Shaft, Coupler, Chain Tightener, Key 392.81 B&H Manufacturing, Inc. 392.81 BCA 05/24/2018 101-1120-4300 Background investigation 270.00 BCA 270.00 BERRY COFFEE COMPANY 05/24/2018 101-1170-4110 Coffee 531.17 BERRY COFFEE COMPANY 05/24/2018 101-1170-4110 Coffee, Hot Cocoa 62.80 BERRY COFFEE COMPANY 593.97 Blue Ox Heating & Air LLC 05/24/2018 101-0000-2033 2018-01130 Overpaid permit 10.00 Blue Ox Heating & Air LLC 10.00 Accounts Payable - Check Detail-Checks (06/01/2018 - 3:17 PM)Page 1 of 5 Name Check Da Account Description Amount Boehn Michael 05/31/2018 815-8202-2024 Erosion Escrow - 7101 Redman Ln 250.00 Boehn Michael 250.00 Busse Holly 05/24/2018 720-7202-3640 Garden plot refund 25.00 Busse Holly 05/31/2018 720-7202-3640 Garden plot refund 25.00 Busse Holly 50.00 CARVER COUNTY LICENSE CENTER 05/31/2018 101-1370-4440 license fee-convert fire vehicle to fleet vehicle 366.75 CARVER COUNTY LICENSE CENTER 05/31/2018 400-4135-4704 Registration Fire Dept Tahoes #205 and #206 43.50 CARVER COUNTY LICENSE CENTER 410.25 CENTURYLINK 05/31/2018 101-1540-4310 phone charges 95.40 CENTURYLINK 05/31/2018 101-1190-4310 phone charges May 2018 127.20 CENTURYLINK 05/31/2018 700-0000-4310 phone charges May 2018 15.13 CENTURYLINK 05/31/2018 700-7019-4310 phone charges May 2018 210.27 CENTURYLINK 05/31/2018 701-0000-4310 phone charges May 2018 15.13 CENTURYLINK 05/31/2018 101-1160-4320 phone charges May 2018 250.00 CENTURYLINK 713.13 CLIMB THEATRE INC 05/24/2018 720-0000-4130 Water Conservation Education Class 475.00 CLIMB THEATRE INC 475.00 Commercial Asphalt Co 05/24/2018 420-0000-4751 Tack Oil, Rec Wear 714.14 Commercial Asphalt Co 714.14 CORE & MAIN LP 05/24/2018 420-0000-4751 Dual Wall 12 N12 AASHTO 143.00 CORE & MAIN LP 05/31/2018 700-0000-4250 #18 3 Ply Remote Wire 310.00 CORE & MAIN LP 453.00 Cotswold Homes LLC 05/31/2018 815-8202-2024 Erosion Escrow-6853 Nez Perce Dr 3,750.00 Cotswold Homes LLC 3,750.00 CUT ABOVE INC 05/24/2018 720-7202-4300 Kerber Pond Park tree removal 800.00 CUT ABOVE INC 800.00 DELEGARD TOOL COMPANY 05/24/2018 101-1370-4260 Razor Blades, Scraper, Wrench, Coupler 195.80 DELEGARD TOOL COMPANY 195.80 ECOLAB 05/31/2018 101-1430-4300 solid power xl 75.18 ECOLAB 75.18 Ferguson Enterprises, Inc. #1657 05/31/2018 700-0000-4550 Dual Fltr Diaph Kit 1, Rep Kit 183.43 Ferguson Enterprises, Inc. #1657 183.43 GREAT LAKES COCA-COLA DISTRIBUTION LLC 05/31/2018 101-1540-4130 Soda/Juice/Sports drinks/Water 426.35 Accounts Payable - Check Detail-Checks (06/01/2018 - 3:17 PM)Page 2 of 5 Name Check Da Account Description Amount GREAT LAKES COCA-COLA DISTRIBUTION LLC 426.35 Homeplace Furnace Duct & Fireplace Cleaning Inc 05/24/2018 101-1220-4510 Dryer Vent Line 119.95 Homeplace Furnace Duct & Fireplace Cleaning Inc 119.95 Horizon Talent Agency 05/24/2018 101-1613-4300 4th of July Celebration - CBO deposit 500.00 Horizon Talent Agency 500.00 I & S Group, Inc 05/24/2018 720-7025-4751 L1 Wetland Delineation 1,000.00 I & S Group, Inc 1,000.00 ICMA RETIREMENT AND TRUST-457 05/24/2018 101-0000-2009 5/25/18 #304303 1,114.58 ICMA RETIREMENT AND TRUST-457 05/24/2018 210-0000-2009 5/25/18 #304303 25.00 ICMA RETIREMENT AND TRUST-457 05/24/2018 700-0000-2009 5/25/18 #304303 152.51 ICMA RETIREMENT AND TRUST-457 05/24/2018 701-0000-2009 5/25/18 #304303 152.48 ICMA RETIREMENT AND TRUST-457 05/24/2018 720-0000-2009 5/25/18 #304303 1.26 ICMA RETIREMENT AND TRUST-457 1,445.83 Kalk Jay 05/31/2018 101-1620-4300 KleinBank Summer Concert Series Church of Cash 1,200.00 Kalk Jay 1,200.00 KATZ LOUIS AND JULIE 05/31/2018 815-8202-2024 Erosion Escrow-1650 West Farm Rd 500.00 KATZ LOUIS AND JULIE 500.00 KENNEDY & GRAVEN, CHARTERED 05/24/2018 601-0000-4300 through 4/30/18 Franchise Fees 416.10 KENNEDY & GRAVEN, CHARTERED 05/31/2018 300-0000-4300 Frontier Building Redevelopment 910.00 KENNEDY & GRAVEN, CHARTERED 1,326.10 KODIAK CUSTOM LETTERING 05/31/2018 101-1220-4300 Hats w/ number sewn 49.00 KODIAK CUSTOM LETTERING 49.00 LAKE SUPERIOR COLLEGE 05/24/2018 101-1310-4370 Bituminous Street Class - Steve Ferraro 575.00 LAKE SUPERIOR COLLEGE 575.00 Lewis & Associates 05/24/2018 210-0000-4300 Franchise Fee Compliance Examination of Mediacom 8,550.00 Lewis & Associates 8,550.00 Mathews Katie 05/31/2018 101-0000-1027 Petty Cash-Summer Concert Series start up change 100.00 Mathews Katie 100.00 Minnetonka Construction 05/31/2018 101-1250-3301 Refund part of permit fee - 2017-02332 118.20 Minnetonka Construction 118.20 MN DEPT OF HEALTH 05/24/2018 700-0000-4509 Water Supply Service Connection Fee 13,158.00 Accounts Payable - Check Detail-Checks (06/01/2018 - 3:17 PM)Page 3 of 5 Name Check Da Account Description Amount MN DEPT OF HEALTH 13,158.00 MN FIRE SERVICE CERTIFICATION BOARD 05/24/2018 101-1220-4370 Firefighter II Certification Exam on 4/16/18 690.00 MN FIRE SERVICE CERTIFICATION BOARD 690.00 MTI DISTRIBUTING INC 05/24/2018 400-0000-4705 Mower 9,054.00 MTI DISTRIBUTING INC 9,054.00 Nutter Don 05/24/2018 101-1220-4370 Spring 2018 Tuition 1,122.18 Nutter Don 1,122.18 Olson Annika 05/24/2018 101-1538-4300 Babysitting Training - 5/21/18 250.00 Olson Annika 05/24/2018 101-1538-4300 Babysitting Training - 5/22/18 574.00 Olson Annika 824.00 Overline & Son, Inc.05/24/2018 701-0000-4551 Vactor Service on 4/24/18 2,385.00 Overline & Son, Inc. 2,385.00 PEOPLES ELECTRICAL CONTRACTORS 05/24/2018 400-4003-4706 Installed Exhaust System Controller, wiring and circuit 3,797.67 PEOPLES ELECTRICAL CONTRACTORS 3,797.67 POSTMASTER 05/31/2018 700-0000-4330 Postage 338.01 POSTMASTER 05/31/2018 701-0000-4330 Postage 338.00 POSTMASTER 676.01 RAINBOW TREE COMPANY 05/24/2018 720-7202-4300 Bluff Creek Elem apple spray 640.00 RAINBOW TREE COMPANY 640.00 Ranger Chevrolet Buick GMC 05/31/2018 400-4135-4704 2018 Chavrolet Tahoes #205 and #206 72,946.68 Ranger Chevrolet Buick GMC 72,946.68 REC Inc 05/24/2018 815-8226-2024 As-Built Escrow - 35 and 55 Riley Curve 2,500.00 REC Inc 05/24/2018 815-8226-2024 As-Built Escrow - 20 and 22 Riley Ridge 1,500.00 REC Inc 4,000.00 RUEGEMER JERRY 05/24/2018 101-0000-1027 Start up money - Lake Ann Concession 200.00 RUEGEMER JERRY 200.00 SEH 05/24/2018 700-0000-4300 2017 Water Comp Study Update 2,051.51 SEH 2,051.51 SOFTWARE HOUSE INTERNATIONAL 05/31/2018 400-4117-4703 Malewarebytes Subscription License 3 Yr 625.00 Accounts Payable - Check Detail-Checks (06/01/2018 - 3:17 PM)Page 4 of 5 Name Check Da Account Description Amount SOFTWARE HOUSE INTERNATIONAL 625.00 TFORCE FINAL MILE 05/31/2018 700-0000-4330 REGCAR to City of Chanhassen and MN Dept of Health 45.81 TFORCE FINAL MILE 45.81 THEIS JIM 05/24/2018 101-1550-4240 Clothing reimbursement - Jeans from Mills Fleet Farm 47.98 THEIS JIM 47.98 TNC Industries Inc 05/24/2018 400-4003-4706 Vehicle Exhaust System for Fire Stations 56,724.00 TNC Industries Inc 05/24/2018 400-4003-4706 Vehicle Exhaust System for Fire Stations 602.00 TNC Industries Inc 57,326.00 United Rentals (North America), Inc.05/24/2018 720-7025-4751 Pump 6" Vac Assist - Diesel 854.98 United Rentals (North America), Inc.05/24/2018 720-7025-4751 Strainers, Hoses/pump for failed Lake Lucy Lane Culvert 3,912.45 United Rentals (North America), Inc. 4,767.43 Varichek Matthew 05/24/2018 101-1766-3636 Return Adult Summer Softball League Fee 300.00 Varichek Matthew 300.00 VOLUNTEER FIREFIGHTERS BENEFIT ASSOC OF MINN05/31/2018 101-1220-4483 FD Annual Renewal Fees for insurance policies 561.00 VOLUNTEER FIREFIGHTERS BENEFIT ASSOC OF MINN 561.00 WING RICHARD 05/24/2018 101-1220-4350 Station 2 Cleaner 100.00 WING RICHARD 100.00 204,469.32 Accounts Payable - Check Detail-Checks (06/01/2018 - 3:17 PM)Page 5 of 5 Accounts Payable Check Detail-ACH User: dwashburn Printed: 06/01/2018 - 3:22 PM Name Check D Account Description Amount 4Imprint 05/16/2018 101-1431-4300 Act on Alzheimers printing 732.37 4Imprint 05/16/2018 101-1431-4300 Act on Alzheimers printing 732.37 4Imprint 1,464.74 A-1 ELECTRIC SERVICE 05/31/2018 700-0000-4530 Fuse 250VAC, 14 Strand. THHN-THWN Copper 87.04 A-1 ELECTRIC SERVICE 87.04 Advanced Engineering & Environmental Services, Inc 05/31/2018 700-0000-4300 P05126-2018-0000 2018 SCADA Svc 3/31/18-5/4/18 1,001.50 Advanced Engineering & Environmental Services, Inc 05/31/2018 701-0000-4300 P05126-2018-001 2018 SCADA Svc Equipment 3/31/18-5/4/18 370.97 Advanced Engineering & Environmental Services, Inc 1,372.47 Al-Hilwani Juli 05/24/2018 101-1539-4300 Personal Training 28.00 Al-Hilwani Juli 28.00 Allfuses.com 05/16/2018 700-7019-4530 Fuses 28.94 Allfuses.com 28.94 Amazon 05/16/2018 700-0000-4240 Polo Shirt w/refl tape 18.80 Amazon 05/16/2018 701-0000-4240 Polo Shirt w/refl tape 18.79 Amazon 05/16/2018 701-0000-4240 Polo Shirt w/refl tape 19.97 Amazon 05/16/2018 700-0000-4240 Polo Shirt w/refl tape 19.97 Amazon 05/16/2018 701-0000-4260 SanDisk Memory Card, Camera 161.05 Amazon 05/16/2018 700-0000-4240 Difference on exchange of polo shirt w/refl tape 1.45 Amazon 05/16/2018 701-0000-4240 Difference on exchange of polo shirt w/refl tape 1.45 Amazon 05/16/2018 720-7202-4130 AD poster contest prizes - Field guides 135.12 Amazon 05/16/2018 101-1170-4110 Magenta Ink Cartridge 119.89 Amazon 05/16/2018 400-4126-4703 Cables and Printer 451.99 Amazon 05/16/2018 101-1160-4530 Iphone 7 Under Armour case 29.73 Amazon 05/16/2018 101-1160-4530 Laptop charger, cables 66.39 Amazon 05/16/2018 400-4126-4703 Dell monitor 400.00 Amazon 05/16/2018 700-0000-4240 Reading glasses 14.31 Amazon 05/16/2018 701-0000-4240 Reading glasses 14.31 Amazon 05/16/2018 701-0000-4240 Safety Eyewear 14.52 Amazon 05/16/2018 700-0000-4240 Safety Eyewear 14.52 Amazon 05/16/2018 700-0000-4150 Batteries, Phone case, Phone clip 50.29 Amazon 05/16/2018 701-0000-4240 Safety glasses 101.92 Amazon 05/16/2018 700-0000-4240 Safety glasses 101.92 Amazon 05/16/2018 701-0000-4260 2 way Radio pack 93.86 Amazon 05/16/2018 701-0000-4240 Safety glasses 25.36 Amazon 05/16/2018 700-0000-4240 Safety glasses 25.35 Amazon 05/16/2018 101-1431-4375 Act of Alzheimer's - Tablecloth 29.98 Accounts Payable - Check Detail-ACH (06/01/2018 - 3:22 PM)Page 1 of 11 Name Check D Account Description Amount Amazon 05/16/2018 101-1431-4375 Act of Alzheimer's - Tablecloth, books 47.25 Amazon 05/16/2018 101-1431-4375 Act of Alzheimer's - Pocket folders 73.50 Amazon 05/16/2018 101-1431-4375 Act of Alzheimer's - Tablecloth, books, brochure holder 720.64 Amazon 05/16/2018 101-1431-4375 Act of Alzheimer's - Tablecloth, books 74.75 Amazon 05/16/2018 101-1431-4375 Act of Alzheimer's - Staple remover 10.22 Amazon 05/16/2018 101-1806-4130 Small felt eye masks 11.99 Amazon 05/16/2018 101-1530-4150 Trigger sprayers for 32oz bottles 13.43 Amazon 05/16/2018 101-1530-4120 Playtent Toy Tent, Agility ladder 40.96 Amazon 05/16/2018 101-1530-4150 Equipment disinfectant 59.63 Amazon 2,983.31 American Carnival Mart 05/16/2018 101-1612-4130 Candy filled Easter eggs 247.50 American Carnival Mart 247.50 American Family Life Assurance Company of Columbus05/31/2018 101-0000-2008 May 2018 premium 39.78 American Family Life Assurance Company of Columbus 39.78 American Legion 05/16/2018 101-1220-4370 Auto Ex Class 92.30 American Legion 05/16/2018 101-1220-4370 Training meeting 40.79 American Legion 05/16/2018 101-1220-4290 B-Day party - Breakfast for crew 37.00 American Legion 170.09 American Planning Association 05/16/2018 101-1420-4360 Bob's APA, AICP and Minnesota Chapter membership 539.00 American Planning Association 539.00 Apple.com 05/16/2018 400-4126-4703 Apple pencil 106.30 Apple.com 05/16/2018 400-4126-4703 6th gen Ipad 32gb cellular 492.85 Apple.com 599.15 Avesis Third Party Administrators, Inc.05/24/2018 101-0000-2007 vision insurance - June 2018 123.52 Avesis Third Party Administrators, Inc.05/24/2018 700-0000-2007 vision insurance - June 2018 23.88 Avesis Third Party Administrators, Inc.05/24/2018 701-0000-2007 vision insurance - June 2018 17.94 Avesis Third Party Administrators, Inc.05/24/2018 720-0000-2007 vision insurance - June 2018 2.69 Avesis Third Party Administrators, Inc. 168.03 Beiler Hydralics 05/16/2018 700-0000-4150 4-Way Single 120AC Mini Din Plug 135.97 Beiler Hydralics 135.97 Boyer Truck Parts 05/24/2018 101-1320-4140 Cam Spring, Bolt-Heavy, Quick Rele 143.76 Boyer Truck Parts 05/24/2018 101-1320-4140 Quick Rele 29.84 Boyer Truck Parts 05/24/2018 101-1320-4140 Cam Spring - Return wrong parts -123.96 Boyer Truck Parts 49.64 Buffalo Wild Wings 05/16/2018 101-1110-4370 Council meals 103.74 Buffalo Wild Wings 103.74 Cavalier Productions LLC 05/24/2018 101-1534-4300 DVD for Recital 850.00 Accounts Payable - Check Detail-ACH (06/01/2018 - 3:22 PM)Page 2 of 11 Name Check D Account Description Amount Cavalier Productions LLC 850.00 CivicPlus 05/24/2018 210-0000-4300 Annual Fee 10,233.30 CivicPlus 10,233.30 Colonial Life & Accident Insurance Co 05/31/2018 101-0000-2008 May premium 116.22 Colonial Life & Accident Insurance Co 05/31/2018 700-0000-2008 May premium 70.68 Colonial Life & Accident Insurance Co 05/31/2018 701-0000-2008 May premium 70.68 Colonial Life & Accident Insurance Co 257.58 Costco Wholesale 05/16/2018 101-1560-4130 Ibuprofen 8.79 Costco Wholesale 05/16/2018 101-1110-4370 Cookies - State of the City 23.97 Costco Wholesale 05/16/2018 101-1530-4130 Folgers coffee 7.74 Costco Wholesale 40.50 Cub Foods 05/16/2018 700-7019-4150 Paper Towels, Distilled water 18.21 Cub Foods 05/16/2018 101-1560-4130 Donut holes 10.47 Cub Foods 05/16/2018 101-1537-4130 Frosting, cookies, egg dye kit 22.43 Cub Foods 05/16/2018 101-1220-4370 Donuts, Orange juice - Officer training 16.48 Cub Foods 05/16/2018 700-7019-4150 Distilled water, Ant killer 5.88 Cub Foods 73.47 Display 2 Go 05/16/2018 101-1431-4300 Act on Alzheimers display 157.91 Display 2 Go 157.91 Edgewater Hotel & Waterpark 05/16/2018 101-1220-4370 440.72 Edgewater Hotel & Waterpark 05/16/2018 101-1220-4370 281.30 Edgewater Hotel & Waterpark 722.02 FASTENAL COMPANY 05/24/2018 101-1320-4120 1/4"x6" ZincHex Lag 14.14 FASTENAL COMPANY 14.14 Ferguson Waterworks #2516 05/31/2018 700-0000-4250 Turbine/T10 Mtrs 8,549.55 Ferguson Waterworks #2516 8,549.55 Forestry Suppliers 05/16/2018 720-7202-4300 Hwy 101 tree planting supplies 654.33 Forestry Suppliers 654.33 Foster Bros Marine 05/16/2018 101-1550-4120 Toe and Heel Board, Fish Table Board, Axle, Bearings, Notch keys 346.36 Foster Bros Marine 346.36 Gempler's 05/16/2018 101-1550-4120 Replacement Blades 67.97 Gempler's 67.97 Hamline School of Business 05/16/2018 101-1120-4370 Succession Planning Workshop 50.00 Accounts Payable - Check Detail-ACH (06/01/2018 - 3:22 PM)Page 3 of 11 Name Check D Account Description Amount Hamline School of Business 05/16/2018 101-1120-4370 Succession Planning Workshop-Refund -50.00 Hamline School of Business 0.00 HAWKINS CHEMICAL 05/24/2018 700-7019-4160 LPC-9 Corrosion Inhibitor 4,390.78 HAWKINS CHEMICAL 4,390.78 Health Strategies 05/31/2018 101-1220-4300 Preplacement Med, Drug Screen, Mask Fit 288.00 Health Strategies 288.00 Holiday Stationstore 05/16/2018 101-1220-4370 Fuel 20.02 Holiday Stationstore 20.02 Home Depot 05/16/2018 701-0000-4150 Tank lever and chain 7.33 Home Depot 05/16/2018 701-0000-4150 Hinges, Plywood, Switch 36.35 Home Depot 05/16/2018 700-7019-4150 Cable Ties 24.54 Home Depot 05/16/2018 700-0000-4150 Point trowel, ready-mix concrete 22.10 Home Depot 05/16/2018 101-1220-4370 Douglas Fir Lumber, Blade set 145.15 Home Depot 05/16/2018 101-1220-4370 Wire, Duct tape, marking paint, Plywood, Sheeting, Studs 145.12 Home Depot 05/16/2018 101-1550-4120 KD Cedar Board 34.56 Home Depot 05/16/2018 101-1550-4120 Men's and Women's restroom signs 42.86 Home Depot 458.01 Indoor Landscapes Inc 05/24/2018 101-1170-4300 May Tropical Plant svc 187.00 Indoor Landscapes Inc 05/24/2018 101-1170-4300 June Plant svc 187.00 Indoor Landscapes Inc 374.00 Innovative Office Solutions LLC 05/24/2018 101-1170-4110 Pens, Binders, Bandages, Paper, Rubberbands 229.28 Innovative Office Solutions LLC 05/31/2018 101-1170-4110 Board, Book, Envelope, Clips 211.06 Innovative Office Solutions LLC 440.34 Interstate Parking 05/16/2018 720-0000-4370 parking 5.00 Interstate Parking 5.00 JEFFERSON FIRE SAFETY INC 05/24/2018 400-4105-4705 Gloves 1,889.61 JEFFERSON FIRE SAFETY INC 05/24/2018 400-4127-4705 Termal Imaging Camera kit, Truck charger for K series Tic 5,638.34 JEFFERSON FIRE SAFETY INC 7,527.95 Kwik Trip 05/16/2018 101-1520-4130 Coffee Refill - Chan Happenings 8.55 Kwik Trip 05/16/2018 101-1560-4130 Eggs 4.95 Kwik Trip 13.50 LANZI BOB 05/24/2018 101-1766-4300 Adult Summer Softball Umpire - 12 games 294.00 LANZI BOB 294.00 Lunds & Byerly's 05/16/2018 101-1510-4130 P & R Comm Cake 24.99 Lunds & Byerly's 05/16/2018 101-1560-4375 Flowers for outgoing board members 10.62 Accounts Payable - Check Detail-ACH (06/01/2018 - 3:22 PM)Page 4 of 11 Name Check D Account Description Amount Lunds & Byerly's 35.61 LYMAN LUMBER 05/24/2018 101-1320-4150 Rough Cedar 586.08 LYMAN LUMBER 05/24/2018 101-1550-4150 2x6 8' AG Treated 117.56 LYMAN LUMBER 05/24/2018 101-1550-4150 2x6 8' AG Treated 5.88 LYMAN LUMBER 709.52 MACQUEEN EQUIPMENT 05/31/2018 701-0000-4120 Hose Ends, Pipe Swage, Axle Stop Bumper, Spacer 244.24 MACQUEEN EQUIPMENT 244.24 Menards 05/16/2018 700-0000-4150 2x4-16' #2&BTR SPF 15.03 Menards 05/16/2018 101-1320-4150 Cedar picket 19.29 Menards 05/16/2018 101-1320-4150 Cedar picket -19.29 Menards 05/16/2018 420-0000-4751 Concrete, Cedar rough sawn, Cedar picket 98.68 Menards 05/16/2018 101-1550-4120 Cork Tile, V-Notch, Subfloor Adhesive, Electric Water Heater 454.86 Menards 05/16/2018 700-0000-4150 2x10-18' AC2 GREENTREATE 241.63 Menards 810.20 Merlins Ace Hardware 05/16/2018 101-1220-4370 Screw Eye 10.73 Merlins Ace Hardware 10.73 MESSERLI & KRAMER P.A.05/24/2018 605-0000-4300 May Retainer 3,500.00 MESSERLI & KRAMER P.A. 3,500.00 Michaels 05/16/2018 101-1600-4300 Custom Frames 153.76 Michaels 153.76 Micro Center 05/16/2018 400-4126-4703 Sandisk, Cables, Carabiners 78.45 Micro Center 78.45 Mills Fleet Farm 05/16/2018 700-0000-4150 Rope 23.60 Mills Fleet Farm 23.60 Minnesota Equipment 05/24/2018 101-1550-4120 Instrument Panel, Push Button 49.16 Minnesota Equipment 49.16 Minnesota State Colleges and Universities 05/16/2018 101-1120-4370 MMCI:Year 2 class 245.00 Minnesota State Colleges and Universities 245.00 MN Dept of Labor and Industry 05/16/2018 101-1250-4360 MN Dept of Labor & Industry License Fees 65.00 MN Dept of Labor and Industry 65.00 MN VALLEY ELECTRIC COOP 05/24/2018 101-1350-4320 electricity charges 4/9/18-5/7/18 84.62 MN VALLEY ELECTRIC COOP 05/31/2018 101-1350-4320 electricity charges 110.89 MN VALLEY ELECTRIC COOP 05/31/2018 101-1350-4320 electricity charges 32.22 Accounts Payable - Check Detail-ACH (06/01/2018 - 3:22 PM)Page 5 of 11 Name Check D Account Description Amount MN VALLEY ELECTRIC COOP 227.73 NAPA AUTO & TRUCK PARTS 05/24/2018 101-1220-4140 Elbow, Exh Pipe Connector, Exhaust Elbow 62.61 NAPA AUTO & TRUCK PARTS 05/24/2018 101-1320-4120 Bladerunner Belt -59.18 NAPA AUTO & TRUCK PARTS 05/24/2018 101-1320-4120 Alternator Belt 59.18 NAPA AUTO & TRUCK PARTS 05/24/2018 701-0000-4140 Switch 29.87 NAPA AUTO & TRUCK PARTS 05/24/2018 701-0000-4140 Sensor, Sensor Conne, Manifold Gasket 180.76 NAPA AUTO & TRUCK PARTS 05/31/2018 101-1370-4260 Work Light 39.99 NAPA AUTO & TRUCK PARTS 05/31/2018 101-1370-4260 Work Light 39.99 NAPA AUTO & TRUCK PARTS 05/31/2018 101-1220-4140 Oil, Air, Fuel and Hydraulic Filters 263.42 NAPA AUTO & TRUCK PARTS 05/31/2018 101-1320-4140 Oil Filters 64.54 NAPA AUTO & TRUCK PARTS 681.18 National Camera Exchange 05/16/2018 400-4126-4703 Mic Adapter 9.99 National Camera Exchange 9.99 National Registry Of EMT 05/16/2018 101-1220-4300 EMT Recertification 15.00 National Registry Of EMT 15.00 Net Litin Distributors 05/16/2018 101-1560-4130 Plates, Knives, Spoons, Placemats, Forks 98.62 Net Litin Distributors 98.62 Noodles & Company 05/16/2018 101-1110-4370 City Council dinner 118.11 Noodles & Company 118.11 Northern Tool+Equipment 05/16/2018 101-1220-4370 Chisel set, Oil, Air plug, air hammer 161.22 Northern Tool+Equipment 161.22 Office Max/Office Depot 05/16/2018 101-1431-4300 Tote, Folder, Cart, Fasteners, Stock 715.83 Office Max/Office Depot 05/16/2018 400-4126-4703 HDMI Cable 26.71 Office Max/Office Depot 05/16/2018 700-0000-4150 Ink 60.91 Office Max/Office Depot 803.45 Paragon Bakery 05/16/2018 101-1110-4370 Council meals-cookies and bars 8.20 Paragon Bakery 8.20 Party City 05/16/2018 101-1560-4130 20ct 7in Vanilla Cream Pl 6.42 Party City 05/16/2018 101-1431-4300 Supplies for Act on Alzheimers 72.81 Party City 79.23 PINK RAY 05/31/2018 720-7202-4320 Garden rototilling 600.00 PINK RAY 600.00 Pioneer Engineering, P.A.05/24/2018 420-0000-4300 Topographic Survey Proj 118113 Lake Susan Trail 5,500.00 Accounts Payable - Check Detail-ACH (06/01/2018 - 3:22 PM)Page 6 of 11 Name Check D Account Description Amount Pioneer Engineering, P.A. 5,500.00 Potbelly Sandwich Shop 05/16/2018 101-1410-4370 Planning Commission dinner 61.42 Potbelly Sandwich Shop 61.42 POTTER JENNY 05/24/2018 101-1180-4370 Election training for Hennepin County 21.80 POTTER JENNY 21.80 POWER SYSTEMS 05/24/2018 101-1320-4120 Hose, Fitting Sleeve 58.52 POWER SYSTEMS 58.52 Premium Waters, Inc 05/24/2018 101-1550-4120 Monthly service - May 10.30 Premium Waters, Inc 10.30 Public Surplus 05/16/2018 101-0000-2033 Online auctions 18.32 Public Surplus 18.32 RICE LAKE CONSTRUCTION GROUP 05/31/2018 700-7047-4751 Chanhassen West WTP 853,715.13 RICE LAKE CONSTRUCTION GROUP 853,715.13 Rotary Club 05/16/2018 101-1120-4360 monthly dues - Todd Gerhardt 53.00 Rotary Club 05/16/2018 101-1520-4360 monthly dues - Todd Hoffman 53.00 Rotary Club 106.00 S&S Worldwide 05/16/2018 101-1530-4120 Hanging Hoop Target 74.99 S&S Worldwide 74.99 Sam's Club 05/16/2018 101-1560-4130 Buns, Salsa, Chips, Plates, Beef, Cheese sauce, Chicken 88.13 Sam's Club 05/16/2018 101-1560-4130 Inshell Pnuf 5.88 Sam's Club 05/16/2018 101-1560-4130 Cupcakes, Salad, Cashews, Cookies 132.90 Sam's Club 226.91 ShareFile 05/16/2018 101-1160-4300 Sharefile Quarterly Renewal - Q2 526.50 ShareFile 526.50 Showstopper Inc 05/16/2018 101-1535-4300 Dance Competition 4,486.00 Showstopper Inc 4,486.00 SPRINT PCS 05/24/2018 700-0000-4310 monthly charges 51.72 SPRINT PCS 05/24/2018 701-0000-4310 monthly charges 51.72 SPRINT PCS 103.44 STRATOGUARD LLC 05/24/2018 101-1160-4300 ProofPoint Email Filtering Service-June 160.00 Accounts Payable - Check Detail-ACH (06/01/2018 - 3:22 PM)Page 7 of 11 Name Check D Account Description Amount STRATOGUARD LLC 160.00 Sun Life Financial 05/24/2018 101-1600-4040 Life Insurance-June 9.58 Sun Life Financial 05/24/2018 701-0000-2011 Life Insurance-June 103.76 Sun Life Financial 05/24/2018 720-0000-2011 Life Insurance-June 32.34 Sun Life Financial 05/24/2018 101-1560-4040 Life Insurance-June 5.94 Sun Life Financial 05/24/2018 101-1120-4040 Life Insurance-June 29.90 Sun Life Financial 05/24/2018 101-1130-4040 Life Insurance-June 20.59 Sun Life Financial 05/24/2018 101-1160-4040 Life Insurance-June 10.53 Sun Life Financial 05/24/2018 101-1250-4040 Life Insurance-June 45.36 Sun Life Financial 05/24/2018 101-1310-4040 Life Insurance-June 41.33 Sun Life Financial 05/24/2018 101-1320-4040 Life Insurance-June 47.52 Sun Life Financial 05/24/2018 101-1370-4040 Life Insurance-June 18.60 Sun Life Financial 05/24/2018 101-1520-4040 Life Insurance-June 15.35 Sun Life Financial 05/24/2018 101-1530-4040 Life Insurance-June 6.03 Sun Life Financial 05/24/2018 101-1700-4040 Life Insurance-June 2.39 Sun Life Financial 05/24/2018 101-1550-4040 Life Insurance-June 43.92 Sun Life Financial 05/24/2018 101-1420-4040 Life Insurance-June 31.68 Sun Life Financial 05/24/2018 101-1430-4040 Life Insurance-June 1.98 Sun Life Financial 05/24/2018 210-0000-4040 Life Insurance-June 7.65 Sun Life Financial 05/24/2018 720-7201-4040 Life Insurance-June 2.34 Sun Life Financial 05/24/2018 720-7202-4040 Life Insurance-June 2.34 Sun Life Financial 05/24/2018 101-1170-4040 Life Insurance-June 5.31 Sun Life Financial 05/24/2018 101-1220-4040 Life Insurance-June 19.08 Sun Life Financial 05/24/2018 701-0000-4040 Life Insurance-June 33.71 Sun Life Financial 05/24/2018 700-0000-4040 Life Insurance-June 44.69 Sun Life Financial 05/24/2018 720-0000-4040 Life Insurance-June 16.06 Sun Life Financial 05/24/2018 101-0000-2011 Life Insurance-June 693.19 Sun Life Financial 05/24/2018 210-0000-2011 Life Insurance-June 6.00 Sun Life Financial 05/24/2018 700-0000-2011 Life Insurance-June 103.76 Sun Life Financial 1,400.93 Target 05/16/2018 101-1550-4120 34 Gal Tote 13.95 Target 05/16/2018 101-1550-4120 25 Gal bags 59.87 Target 05/16/2018 101-1612-4130 Easter Egg Hunt candy 894.73 Target 05/16/2018 701-0000-4150 Batteries 26.39 Target 05/16/2018 101-1530-4150 Sanitizer 7.33 Target 1,002.27 Tessco 05/16/2018 701-0000-4150 1/2" N Male Positive Stop AL4RPV 132.06 Tessco 132.06 Traveling Teams 05/16/2018 101-1220-4370 -40.00 Traveling Teams -40.00 Tuesday Morning 05/16/2018 101-1560-4130 40 Ct Guest Nap Blo 5.37 Tuesday Morning 5.37 U of M Contlearning 05/16/2018 720-0000-4370 WDCP 5-Day Basic Wetland Delineation 900.00 Accounts Payable - Check Detail-ACH (06/01/2018 - 3:22 PM)Page 8 of 11 Name Check D Account Description Amount U of M Contlearning 900.00 U OF M EXT CENTRAL REG 05/16/2018 720-0000-4370 Harmful Algal Blooms in MN workshop 40.00 U OF M EXT CENTRAL REG 40.00 UFC Farm Supply 05/16/2018 701-0000-4240 8" Waterproof Safety Boot 100.00 UFC Farm Supply 05/16/2018 700-0000-4240 8" Waterproof Safety Boot 99.99 UFC Farm Supply 199.99 ULTIMATE CONTROLS ELECTRIC LLC 05/24/2018 700-7019-4530 Chanhassen H20 Plant Back Wash Aerator Soft Start 4,805.00 ULTIMATE CONTROLS ELECTRIC LLC 4,805.00 UNITED WAY 05/24/2018 101-0000-2006 PR Batch 00425.05.2018 United Way 28.40 UNITED WAY 28.40 USA BLUE BOOK 05/31/2018 701-0000-4551 Grinder Pump w/Base 1,789.95 USA BLUE BOOK 1,789.95 VARIDESK LLC 05/16/2018 400-0000-4703 Standing desk 455.00 VARIDESK LLC 455.00 Von Hanson's Meats 05/16/2018 101-1220-4300 Fire Fighter Training Prize - pd by the Chanhassen Firefighters 100.00 Von Hanson's Meats 100.00 Walgreens 05/16/2018 101-1160-4150 rubbing Alcohol, syringe w/brush 12.27 Walgreens 12.27 Wal-Mart 05/16/2018 101-1560-4130 Beef, Ketchup, Relish, Mustard, Pop 20.71 Wal-Mart 05/16/2018 700-0000-4260 Tablet/Component Cases 40.59 Wal-Mart 05/16/2018 700-0000-4260 Tablet/Component Cases 40.59 Wal-Mart 101.89 WATSON COMPANY 05/24/2018 101-1540-4130 Lake Ann Concession supplies 1,029.23 WATSON COMPANY 05/31/2018 101-1540-4130 Lake Ann Concession supplies 480.22 WATSON COMPANY 1,509.45 WAYTEK INC 05/24/2018 101-1550-4120 Connector Kit 71.82 WAYTEK INC 05/24/2018 101-1550-4120 Heavy Duty Eyelet Lug 15.68 WAYTEK INC 87.50 WENCK ASSOCIATES INC 05/24/2018 720-0000-4300 Lake Lucy Lane Culvert Replacement svc through 4/30/18 871.05 WENCK ASSOCIATES INC 05/24/2018 720-0000-4300 Local Plan Update Completion svc through 1/31/18 1,376.00 WENCK ASSOCIATES INC 05/24/2018 720-0000-4300 Local Plan Update Completion svc through 4/30/18 92.97 Accounts Payable - Check Detail-ACH (06/01/2018 - 3:22 PM)Page 9 of 11 Name Check D Account Description Amount WENCK ASSOCIATES INC 2,340.02 WM MUELLER & SONS INC 05/24/2018 720-7025-4751 Pond Excavation 112.00 WM MUELLER & SONS INC 05/24/2018 720-7025-4751 Sod Damage 116.13 WM MUELLER & SONS INC 05/24/2018 720-7025-4751 Pond Excavation 56.00 WM MUELLER & SONS INC 284.13 WSB & ASSOCIATES INC 05/24/2018 720-7025-4751 Pond Cleaning - March 2018 124.00 WSB & ASSOCIATES INC 05/24/2018 720-7025-4751 Pond Cleaning - Feb 2018 2,035.50 WSB & ASSOCIATES INC 05/24/2018 720-0000-4300 2017 Storm Water & GPS GIS/AMS Support - Jan 2018 1,105.00 WSB & ASSOCIATES INC 05/24/2018 101-1310-4300 2018 GIS Support Services - March 2018 234.00 WSB & ASSOCIATES INC 05/24/2018 701-0000-4300 OMS Sewer Televising History Import - March 2018 637.00 WSB & ASSOCIATES INC 05/24/2018 701-0000-4300 OMS Pavement Distress History Import - March 2018 1,489.75 WSB & ASSOCIATES INC 05/24/2018 601-6032-4752 Street Reconstruction Project No. 16-01 - March 2018 913.25 WSB & ASSOCIATES INC 05/24/2018 601-6033-4752 Park Road Mill and Overlay - March 2018 1,280.00 WSB & ASSOCIATES INC 05/24/2018 601-6038-4752 Orchard Lane Area Street and Utility Reconstruction Proj 18-01 5,810.50 WSB & ASSOCIATES INC 05/24/2018 700-7047-4752 West Water Treatment Plant-March 2018 21,869.74 WSB & ASSOCIATES INC 35,498.74 WTS International 05/16/2018 101-1310-4360 Renewal Dues 95.00 WTS International 95.00 XCEL ENERGY INC 05/24/2018 101-1600-4320 electricity charges 4/12/18-5/13/18 -20.20 XCEL ENERGY INC 05/24/2018 101-1350-4320 electricity charges 4/12/18-5/13/18 11.40 XCEL ENERGY INC 05/24/2018 700-0000-4320 electricity charges 4/12/18-5/13/18 2.69 XCEL ENERGY INC 05/24/2018 101-1350-4320 electricity charges 4/12/18-5/13/18 11.31 XCEL ENERGY INC 05/24/2018 700-7019-4320 electricity charges 4/16/18-5/15/18 4,081.13 XCEL ENERGY INC 05/24/2018 101-1600-4320 electricity charges 4/16/18-5/17/18 12.15 XCEL ENERGY INC 05/24/2018 101-1350-4320 electricity charges 4/12/18-5/13/18 4.97 XCEL ENERGY INC 05/24/2018 101-1350-4320 electricity charges 4/12/18-5/13/18 24.28 XCEL ENERGY INC 05/24/2018 101-1350-4320 electricity charges 4/12/18-5/13/18 -20.76 XCEL ENERGY INC 05/24/2018 101-1350-4320 electricity charges 4/12/18-5/13/18 25.50 XCEL ENERGY INC 05/24/2018 700-0000-4320 electricity charges 4/10/18-5/12/18 5,323.90 XCEL ENERGY INC 05/31/2018 101-1170-4320 electricity charges -992.60 XCEL ENERGY INC 05/31/2018 101-1190-4320 electricity charges -403.14 XCEL ENERGY INC 05/31/2018 101-1220-4320 electricity charges 746.06 XCEL ENERGY INC 05/31/2018 101-1370-4320 electricity charges 1,534.06 XCEL ENERGY INC 05/31/2018 101-1120-4320 electricity charges 76.91 XCEL ENERGY INC 05/31/2018 700-0000-4320 electricity charges 191.76 XCEL ENERGY INC 05/31/2018 701-0000-4320 electricity charges 191.75 XCEL ENERGY INC 05/31/2018 101-1540-4320 electricity charges 713.91 XCEL ENERGY INC 05/31/2018 101-1600-4320 electricity charges 52.17 XCEL ENERGY INC 05/31/2018 101-1550-4320 electricity charges -264.36 XCEL ENERGY INC 05/31/2018 701-0000-4320 electricity charges 5,127.50 XCEL ENERGY INC 05/31/2018 700-0000-4320 electricity charges 156.28 XCEL ENERGY INC 05/31/2018 101-1350-4320 electricity charges 17,303.61 XCEL ENERGY INC 05/31/2018 101-1600-4320 electricity charges 160.84 XCEL ENERGY INC 34,051.12 ZARNOTH BRUSH WORKS INC 05/24/2018 101-1320-4120 6' Bobcat poly wafer broom refill 393.90 Accounts Payable - Check Detail-ACH (06/01/2018 - 3:22 PM)Page 10 of 11 Name Check D Account Description Amount ZARNOTH BRUSH WORKS INC 393.90 ZIEGLER INC 05/31/2018 400-0000-4705 Sales Tax Credit -1,084.53 ZIEGLER INC 05/31/2018 700-0000-4550 Install Wiring and Conduit 4,538.91 ZIEGLER INC 3,454.38 1,006,240.83 Accounts Payable - Check Detail-ACH (06/01/2018 - 3:22 PM)Page 11 of 11