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CC Packet 2006 01 23AGENDA CHANHASSEN CITY COUNCIL MONDAY, JANUARY 23, 2006 CHANHASSEN MUNICIPAL BUILDING, 7700 MARKET BOULEVARD 5:30 P.M. - CITY COUNCIL WORK SESSION, FOUNTAIN CONFERENCE ROOM Note: If the City Council does not complete the work session items in the time allotted, the remaining items will be considered after the regular agenda. A. ITEM DELETED (2005 MUSA Area: Discussion Regarding East/West Collector Road). B. Consider Increase in Fire Relief Pension. C. City Code Amendment Prohibiting Cooking and Fuel Storage on Decks and Patios of Vertically Stacked Multi-Family Dwelling Units. There will be an EDA Meeting Immediately Following the Work Session. 7:00 P.M. – REGULAR MEETING, CITY COUNCIL CHAMBERS CALL TO ORDER (Pledge of Allegiance) PUBLIC ANNOUNCEMENTS D. Invitation to February Festival. CONSENT AGENDA All items listed under the Consent Agenda are considered to be routine by the city council and will be considered as one motion. There will be no separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and considered separately. City council action is based on the staff recommendation for each item. Refer to the council packet for each staff report. 1. a. Approval of Minutes: - City Council Work Session Minutes dated January 9, 2006 - City Council Summary Minutes dated January 9, 2006 - City Council Verbatim Minutes dated January 9, 2006 Receive Commission Minutes: - Planning Commission Summary Minutes dated January 3, 2006. - Planning Commission Verbatim Minutes dated January 3, 2006. - Park & Recreation Commission Summary Minutes dated December 20, 2005 - Park & Recreation Commission Verbatim Minutes dated December 20, 2005 b. 2006 Sealcoat Project 06-02: Authorize Preparation of Plans & Specifications. c. West 78th Street Extension, Project No. 04-14: Approve Westwood Church Reimbursement for Construction. d. Frontier Third Addition: Approve Assignment of Development Contract. e. John Henry Addition: Approve Development Contract Extension for Time of Performance. f. Approve Resolution Designating Yosemite Road as an MSA Route. g. Chanhassen Lions Club: Approval of One-Day Temporary On-Sale Beer License for February Festival, February 4. h. City Code Amendment: Correction to Chapter 18 Previously Approved by the City Council on January 9, 2006. i. Approval of 2006 Key Financial Strategies. j. City Code Amendment: Chapter 4, Fees Concerning Increasing Storm Water Use Fees. k. Old Village Hall Plaza: Approve Contract Additions Associated with ADA Ramp Including Railing and Modifications to Back Stoop. l. Approval of Pay Equity Report. m. Chanhassen Electric Substation, Located East of the Gedney Pickle Plant and North of Stoughton Avenue, Applicant: Minnesota Valley Electric Cooperative: Approval of a Conditional Use Permit with Variances and a Site Plan Review Application to Construct a Local Electric Distribution Substation on Property Zoned Industrial Office Park (IOP). n. Christensen Subdivision, Northwest of 6710 Golden Court, Applicant: Robert Christensen: Request to Subdivide Property into 2 Single-Family Lots with a Variance to Allow Two Flag Lots. LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE a. Sgt. Jim Olson, Carver County Sheriff's Department b. Chief Gregg Geske, Chanhassen Fire Department VISITOR PRESENTATIONS 3. Donation to Fire Relief Fund, Bonnie Labatt. PUBLIC HEARINGS 4. 2006 Street Improvement Project 06-01: Public Hearing. 5. Paul & Andrea Eidsness, 630 Carver Beach Road: Public Hearing on Metes & Bounds Subdivision Request with a Variance for Right-of-Way. UNFINISHED BUSINESS - None NEW BUSINESS 6. Jacob’s Tavern, Located at the Southeast Corner of Highway 5 and Century Boulevard, Applicant: Truman Howell Architects: Request for Site Plan Approval for a 6,808 sq. ft. Restaurant Building on 2.02 Acres. COUNCIL PRESENTATIONS ADMINISTRATIVE PRESENTATIONS CORRESPONDENCE DISCUSSION Correspondence Section ADJOURNMENT A copy of the staff report and supporting documentation being sent to the city council will be available after 2:00 p.m. on Thursday. Please contact city hall at 952-227-1100 to verify that your item has not been deleted from the agenda any time after 2:00 p.m. on Thursday. GUIDELINES FOR VISITOR PRESENTATIONS Welcome to the Chanhassen City Council Meeting. In the interest of open communications, the Chanhassen City Council wishes to provide an opportunity for the public to address the City Council. That opportunity is provided at every regular City Council meeting during Visitor Presentations. 1. Anyone indicating a desire to speak during Visitor Presentations will be acknowledged by the Mayor. When called upon to speak, state your name, address, and topic. All remarks shall be addressed to the City Council as a whole, not to any specific member(s) or to any person who is not a member of the City Council. 2. If there are a number of individuals present to speak on the same topic, please designate a spokesperson that can summarize the issue. 3. Limit your comments to five minutes. Additional time may be granted at the discretion of the Mayor. If you have written comments, provide a copy to the Council. 4. During Visitor Presentations, the Council and staff listen to comments and will not engage in discussion. Council members or the City Manager may ask questions of you in order to gain a thorough understanding of your concern, suggestion or request. 5. Please be aware that disrespectful comments or comments of a personal nature, directed at an individual either by name or inference, will not be allowed. Personnel concerns should be directed to the City Manager. Members of the City Council and some staff members may gather at Houlihan’s Restaurant & Bar, 530 Pond Promenade in Chanhassen immediately after the meeting for a purely social event. All members of the public are welcome. MEMORANDUM TO: Mayor & City Council FROM: Todd Gerhardt, City Manager DATE: January 12, 2006 SUBJ: Consider Increase in Chanhassen Fire Department Relief Association Pension BACKGROUND The City of Chanhassen has a 42-member on-call volunteer/paid Fire Department (established in 1966). Volunteer firefighters often receive payments due to the time commitment needed to perform the duties of a firefighter, such as training, 24-hour on-call for service, and weekly meetings. In Chanhassen, volunteers are compensated in two forms—an hourly rate of $8 for call-outs, training, meetings, etc., and the Fire Relief Association Pension. Currently a firefighter would be fully vested after 5 years of service. As an example, a firefighter with 7 years of service would receive the following pension: 7 years of service x $4,000 = $28,000 lump sum payment. All current members are on a lump sum pay-out based upon their years of service; however, we do still have 12 retired members receiving a monthly annuity of $410 per month. The last time we increased the pension fund was in 2001 with a rate increase of 48.15% (see Attachment #1). ACTION REQUIRED Staff has met with representatives of the Fire Relief Board and has negotiated a three year increase of 8.75% per year beginning in 2006, with the condition that the funding ratio remains above 75% (see Attachment #2). Additionally, the current retirees receiving a monthly annuity will receive a lump sum payment of $430 per year for three years. These increases will help the Fire Department in recruiting new firefighters and also help to retain our more experienced firefighters. One of the areas you need to pay attention to when considering a rate increase is the funded ratio. Attachment #3 shows two forecasts of the pension fund’s assets and liabilities. In both cases, the funding level never dips below 75% Mayor & City Council January 12, 2006 Page 2 C:\DOCUME~1\karene\LOCALS~1\Temp\Fire Pension Staff Report.doc over the next three years. You will also notice that the City of Chanhassen does not have to make a contribution, based on these assumptions, over the next three year period. The funding source for the benefit increase would come from state fire aid and investment earnings derived from the pension fund assets (see Attachment #4 for the history of city contributions, state aid, and investment income). RECOMMENDATION Staff would recommend that the Mayor and City Council approve an 8.75% annual increase for 2006-2008 to the Chanhassen Fire Department Fire Relief Association with the condition that the funding ratio remains above 75%, and a lump sum payment of $430 per year for the years 2006-2008 to current retirees receiving a monthly annuity. This item will be placed on the February 13th agenda for action. ATTACHMENTS 1. History of Chanhassen Pension Fund Increases. 2. Key Financial Cities Comparison and Proposed Rate Increases. 3. Forecasts of the Pension Funds with a 5% and 7% Return. 4. Revenues and Expenses by Source 1995-2004. 5. Chanhassen Fire Relief Association Investment Review. MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Mark Littfin, Fire Marshal DATE: August 19, 2005 SUBJ: Adoption of a City Code Amendment Prohibiting Fires or Cooking Devices on Vertically Stacked, Multi-Family Balconies or Patios Attached is a proposed City Code amendment that would prohibit fires or cooking devices on balconies of vertically stacked multi-family dwellings, or within fifteen feet of any building on the ground level. The buildings affected would be any structure where there are two or more vertically stacked dwelling units, e.g. the average apartment or condominium building. Twin homes and four, six or eight-unit buildings such as Mission Hills, Arboretum Village, or townhouses in the Chaparral area would not be affected. This amendment only affects dwelling units which are stacked one on top of the other. Even though the City and Fire Department have been fortunate not to have any balcony-related fires, a number of cities in the metro area have had large apartment fires that were determined to have started on balconies. Over the past few years, our Fire Department has responded to grill fires, leaking LP tanks burning, deep fat fryer fires and similar fires at single-family dwellings. These fires were quickly discovered and occasionally extinguished by the homeowners. Two weeks ago, a letter was sent to all apartment/condo owners/managers requesting feedback on the proposed ordinance language. The only responses received were from Summerwood of Chanhassen and Centennial Hill Apartments. Both are in agreement with the ordinance and Summerwood has similar language in their lease agreements. This ordinance language will give the Sheriff’s Department and Fire Department the necessary authority to enforce and issue citations if warranted. RECOMMENDATION Staff recommends that the City Council adopt the attached City Code amendment prohibiting fires or cooking devices on the balconies of vertically stacked multi- family dwelling units, or within fifteen feet of any building on the ground level. Approval requires a simple majority vote of those City Council members present. ML/be Attachment g:\safety\ml\memogerhardt8-29-05 Invitation to February Festival The City of Chanhassen is once again, proud to announce our winter special event, the 13th Annual “February Festival.” This special event, out of a series of year long special events, is being sponsored by the City of Chanhassen and the Chanhassen Chamber of Commerce in cooperation with our local business community. February Festival will be held on Saturday, February 4th. At this time, I invite all area residents, their families and friends, to join me on Lake Ann. The event will begin at 12 noon including activities like skating, sledding and a bonfire to warm yourself. S’mores kits will be sold by Boy Scout Troop #330 and the Chanhassen Lions will offer hot food and concessions. The Ice Fishing contest will run from 1:00-3:00PM including $2500 in fish prizes and $4000 in door prizes. You can also play bingo on the ice or search for the Friends of the Library medallion hiding somewhere in the city. The person who finds the medallion receives a $1500 prize. Ice fishing and raffle tickets for the event are $5 for adults and children. You may purchase as many tickets as you like. I look forward to seeing everyone there. CHANHASSEN CITY COUNCIL WORK SESSION JANUARY 9, 2006 Mayor Furlong called the work session to order at 5:35 p.m.. COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilwoman Tjornhom, Councilman Labatt, and Councilman Peterson COUNCIL MEMBERS ABSENT: Councilman Lundquist STAFF PRESENT: Todd Gerhardt, Justin Miller, Kate Aanenson, Paul Oehme, Jill Sinclair, and Todd Hoffman PCA ENVIRONMENTAL ASSISTANCE OPEN GRANT, WIND TURBINE. Jill Sinclair presented a power point presentation, along with Marcus Zbinden and Ron Olsen from the Environmental Commission outlining the grant application which is looking for matching dollars. Peter Mohr was present representing the Minnesota Landscape Arboretum who has agreed to partner with the City in providing a site to build the wind turbine. Todd Gerhardt asked for clarification on the cost savings generated from a wind turbine. Ron Olsen passed out a handout showing payback numbers. Councilman Peterson asked for clarification on the Arboretum’s intent for use of the wind turbine and how much Arboretum and city staff time will be involved with the project. He also asked if the Arboretum would go ahead with the project without the City’s assistance. Mr. Mohr explained that they would not be interested without city assistance, as there are numerous other projects the Arboretum can do now. Councilman Peterson stated his feelings that the City has a lesser obligation to educate the public and philosophically is unsure of using city dollars. Jill Sinclair walked through time and money that would be asked for from the City and stated that no money has been budgeted for 2006. Marcus Zbinden explained the county’s grant application process. Todd Gerhardt stated staff can investigate other entities that have grant money available but that this item was being brought before the council because of the preliminary grant application deadline of February 1, 2006. Councilman Labatt asked how the proposed wind turbine compared in size to the one at Elk River. Councilwoman Tjornhom asked for clarification on the use and permanence of the structure. Mayor Furlong stated the Arboretum is the most logical site, especially from a learning standpoint, and felt it was a good idea to move forward with the process. 2006 KEY FINANCIAL STRATEGIES. Todd Gerhardt thanked City Council and Justin Miller for their input and putting together the format. He reviewed the priority rankings for 2006 and discussed items that will be brought back to future work sessions. Mayor Furlong asked that the council concentrate on items ranked with 1 and 2’s. Todd Gerhardt asked City Council members to comment on 3 or 4 rankings where all other council members ranked items at 1 and 2. Councilman Labatt asked where the new fire station site ranked. Todd Gerhardt explained that staff is always looking for opportunities that become available and explained what staff is doing currently and what is City Council Work Session – January 9, 2006 2 planned for 2006. Mayor Furlong asked staff to explain what the city is doing specifically to educate the public regarding the city’s growth. Todd Gerhardt explained how staff will proceed with the Key Financial Strategies in 2006. Mayor Furlong adjourned the work session meeting at 6:30 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim CHANHASSEN CITY COUNCIL REGULAR MEETING SUMMARY MINUTES JANUARY 9, 2006 Mayor Furlong called the meeting to order at 7:00 p.m.. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilman Labatt, Councilwoman Tjornhom, Councilman Peterson and Councilman Lundquist STAFF PRESENT: Todd Gerhardt, Justin Miller, Kate Aanenson, Paul Oehme, Todd Hoffman and Tom Knowles PUBLIC PRESENT FOR ALL ITEMS: David Jansen Chanhassen Villager Kurt Papke Planning Commission Debbie Lloyd 7302 Laredo Drive Janet Paulsen 7305 Laredo Drive PUBLIC ANNOUNCEMENTS: Mayor Furlong welcomed the people in the audience and people watching at home and asked if there were any modifications to the published agenda. There were none. ORGANIZATIONAL ITEMS: A. DESIGNATION OF OFFICIAL NEWSPAPER. Councilman Labatt moved, Councilman Peterson seconded to appoint the Chanhassen Villager as the city’s official newspaper. All voted in favor and the motion carried unanimously with a vote of 5 to 0. B. APPOINTMENT OF ACTING MAYOR. Councilman Labatt moved, Councilman Peterson seconded to appoint Councilman Lundquist as Acting Mayor. All voted in favor and the motion carried unanimously with a vote of 5 to 0. C. APPOINTMENT OF FIRE CHIEF. Councilman Lundquist moved, Councilman Labatt seconded to reaffirm Mr. Greg Geske’s appointment as Fire Chief. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Councilman Lundquist moved, Councilman Labatt seconded to approve the following consent agenda items pursuant to the City Manager’s recommendations: a. Approval of Minutes: -City Council Work Session Minutes dated December 12, 2005 -City Council Verbatim & Summary Minutes dated December 12, 2005 City Council Summary – January 9, 2006 2 Receive Commission Minutes: -Planning Commission Verbatim & Summary Minutes dated December 6, 2005 b. Approval of Amendment to the 2006 Meeting Schedule. c. Amendment to Chapter 18 of City Code, Subdivision. e. Enterprise Rent-a-Car: Request for Conditional Use Permit to Rent Automobiles at 227 West 79th Street (Located at Master Collision). f. 2006 Street Improvement Project 06-01: Approval of Drainage and Utility Easement Acquisition for Storm Pond Improvements. g. Approve Joint Powers Agreement with Carver County/MnDot for TH 101 Corridor Study South of Lyman Boulevard. h. Accept $1,000 Donation to the Chanhassen Recreation Center from TCF Bank. i. Resolution#2006-01: 2006 Street Improvement Project: Accept Feasibility Study and Call for Public Hearing for Koehnen Area Street Reconstruction Project 06-01. k. Resolution #2006-02: Arboretum Business Park 6th Addition, Project 03-08: Accept Public Utilities. l. TH 101 GAP Project 04-06: Approval of Land Purchase Agreement with Lake Susan Apartments. n. Resolution #2006-03: Approve Amended Resolution Adopting Assessment Roll for the TH 312/212 Improvement Project Nos. 03-09-2, 04-05 & 04-06. All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS: Joe Miller, along with Elizabeth Hoffman and Jan Hellbrick from TCF National Bank presented the City with a check in the amount of $1,000 for the Chanhassen Recreation Center. D. AMENDMENT TO CHAPTER 20 OF CITY CODE, ZONING. Deb Lloyd asked staff to explain why they’re recommending changing the setback requirement from pipelines. Councilman Lundquist moved, Councilman Labatt seconded that the City Council approve amendment to Chapter 20 of City Code, Zoning. All voted in favor and the motion carried unanimously with a vote of 5 to 0. City Council Summary – January 9, 2006 3 O. KENTON & JULIA KELLY, 6539 GREY FOX CURVE: APPROVAL OF A WETLAND ALTERATION PERMIT TO CONSTRUCT A DOCK. Councilman Lundquist asked staff to explain how this application differs from other requests to put docks through the wetlands on Lotus Lake. He also asked legal counsel if it is within the City’s power and jurisdiction to prevent structures or further subdivision as a condition on that wetland alteration permit. Councilman Lundquist moved, Councilwoman Tjornhom seconded that the City Council approve a Wetland Alteration Permit to construct a dock at 6539 Grey Fox Curve for Kenton and Julia Kelly. All voted in favor and the motion carried unanimously with a vote of 5 to 0. STONEFIELD, 1601 LYMAN BOULEVARD, PLOWSHARES DEVELOPMENT, LLC: A. PUBLIC HEARING ON VACATION OF DRAINAGE & UTILITY EAEMENTS. B. REQUEST FOR REZONING FROM AGRICULTURAL ESTATE DISTRICT, A2 TO SINGLE FAMILY RESIDENTIAL, RSF. C. REQUEST FOR SUBDIVISION INTO 30 LOTS, 1 OUTLOT AND PUBLIC RIGHT-OF-WAY WITH VARIANCES. Public Present: Name Address Mark Edman 1572 Bluebill Trail Brent Hislop 1851 Lake Drive West #550 Curtis Neft Westwood Professional Services Matt Amack 8633 Alisa Court Craig J. Renir 8668 Flamingo Drive Matt Goldstein Lundgren Bros. Construction Steve Buan 8740 Flamingo Drive Kate Aanenson presented the staff report and update from the Planning Commission. Mayor Furlong opened the public hearing. Mark Edman, 1572 Bluebill Trail asked for more clarification on the drainage pond. He also noted that he received notice that the meeting on December 6th had been cancelled, so there was confusion as to whether or not that meeting was held. Todd Hoffman reviewed the trail plan and how it impacts the drainage pond. Craig Renir, 8668 Flaming Drive asked for an explanation of why the berm and the trees needed to be removed and the location of the new pond. Todd Gerhardt suggested holding an informational meeting with the neighborhood to discuss ponding and drainage in the area. Chris Amack, 8633 Alisa Court also got a notice of meeting cancellation. His biggest concern was erosion. Councilman Lundquist moved, Councilwoman Tjornhom seconded to close the public hearing. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The public hearing was closed. City Council Summary – January 9, 2006 4 Mayor Furlong clarified the process that will occur between this approval and final plat. Councilwoman Tjornhom asked for clarification on the temporary cul-de-sac. The applicant, Brent Hislop stated he was available to answer questions. After council discussion the following motions were made. Resolution #2006-04: Councilman Peterson moved, Councilman Lundquist seconded to approve a resolution vacating the existing storm water ponding easement, street, drainage and utility easement and drainage and utility easement as defined on the attached vacation description and contingent upon City Council approval of the final plat. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Councilman Peterson moved, Councilman Lundquist seconded to approve Planning Case #05-37 for Rezoning from Agricultural Estate District, A2 to Single Family Residential for the Stonefield Subdivision as shown on plans stamped “Received November 18, 2005”. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Councilman Peterson moved, Councilman Lundquist seconded to approve to approve the preliminary plat for Subdivision Case #05-37 for Stonefield for 30 lots and 1 outlot with a right-of-way width variance, as shown on the plans stamped ‘Received November 18, 2005’, subject to the following conditions: 1. The applicant will be required to meet the existing site runoff rates for 10-year and 100-year, 24-hour storm events. The proposed enlargement of the existing stormwater pond must be designed to meet the City’s minimum standards and coordinated and approved by the City Water Resources Coordinator. 2. The storm sewer must be designed for a 10-year, 24-hour storm event. Storm sewer sizing calculations and a full-size drainage map must be submitted with the final plat for staff review and approval. 3. Drainage and utility easements must be dedicated on the final plat over the public storm drainage system including ponds, drainage swales, and wetlands up to the 100-year flood level. 4. Staff recommends that Type II silt fence, which is a heavy duty fence, be used adjacent to the existing wetland, existing creek area, and around the proposed pond. In addition, tree preservation fencing must be installed at the limits of tree removal. Erosion control blankets are recommended for all of the steep 3:1 slopes with an elevation change of eight feet or more. 5. All plans must be signed by a registered Civil Engineer in the State of Minnesota. 6. Permits from the appropriate regulatory agencies will have to be obtained, including but not limited to the MPCA, NPDES, Watershed District, MN Department of Health, Carver County and the Williams Pipe Line Company. City Council Summary – January 9, 2006 5 7. The developer must obtain written permission from the Williams Pipe Line Company to perform the proposed grading within the easement. The developer is responsible for complying with all conditions of the Williams Pipe Line Company and assumes full responsibility for work performed within this easement. 8. On the utility plan: a. Show all the proposed storm sewer pipe type, size and class. b. Show the sanitary sewer pipe slope and class. c. Show watermain pipe class (C900). d. Add a storm sewer schedule. e. Show the existing storm sewer between Lots 1 & 2, Block 1 within the center of the 20- foot utility easement. f. Show the stormwater manholes rim and invert elevations. g. Add a note to remove the temporary pond outlet control structure. h. The last street-accessible storm manhole discharging to the stormwater pond must be manhole with sump. i. Add a note: any connection to an existing structure must be core drilled. j. Extend the storm sewer farther to the south along the proposed street. k. Remove Lots 7 and 8 backyard storm sewer and add a storm sewer along the property line between Lots 4 and 5 and between Lots 8 and 9 block 4. 9. On the grading plan: a. Show Type II silt fence adjacent to wetland, pond, creeks, etc. b. Show the benchmark used for the site survey. c. Use class 5 storm sewer in the roadway; revise the note under general grading and drainage notes accordingly. d. Extend the swale between Lots 1 and 2, Block 4 farther to the east. 10. Any retaining wall over four feet in height must be designed by a registered civil engineer and a permit from the City's Building Department must be obtained. In addition, encroachment agreements will be required for any retaining wall within a public easement. 11. The underlying property has not been assessed for sewer or water improvements. The 2005 trunk hookup charge is $1,458.00 per unit for sanitary sewer and $2,955.00 per unit for watermain and the SAC fee is $1,525.00 per unit. All of these charges are based on the number of SAC units assigned by the Metropolitan Council. Sanitary sewer and watermain hookup fees will be specially assessed against the parcel at the time of building permit issuance. 12. All disturbed areas must be seeded and mulched or sodded immediately after grading to minimize erosion. 13. Any off-site grading will require an easement from the appropriate property owner. City Council Summary – January 9, 2006 6 14. If importing or exporting material for development of the site is necessary, the applicant will be required to supply the City with detailed haul routes. 15. The developer is responsible for 100% of the cost and construction of the lift station and forcemain and any associated costs. 16. All of the utility improvements are required to be constructed in accordance with the City’s latest edition of Standard Specifications and Detail Plates. The applicant is also required to enter into a development contract with the City and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. 17. Add a “dead-end road” sign at the cul-de-sac. 18. On the plat, show all existing and proposed street names. 19. Add City Detail Plate Nos. 1001, 1002, 1004, 1005, 1006, 1009, 2001, 2101, 2109, 2110, 2201, 2204, 3101, 3102, 3104, 3106, 3107, 3108, 3109, 5200, 5203, 5204, 5206, 5214, 5215, 5216, 5217, 5221, 5232, 5234, 5240, 5241, 5300, 5301, 5302, 5302A and 5313. 20. Show the street lights and a stop sign on the plans. 21. Submit public utility plans and profile for staff review. 22. City Forester’s Conditions: a. A minimum of two overstory trees shall be required in the front yard of each lot. b. The developer shall be responsible for installing all landscape materials proposed in rear and side yard areas. c. Tree preservation fence shall be installed at the edge of the grading limits prior to any construction. d. Tree preservation on site shall be according to tree preservation plans dated 10/14/05. Any trees removed in excess of proposed tree preservation plans will be replaced at a ratio of 2:1 diameter inches. 23. In the absence of parkland dedication, it is recommended that Stonefield pay full park dedication fees at the rate in force upon final platting. At today’s rate, these fees would total $120,000 (30 lots x $4,000). Additionally, the applicant is required to construct the neighborhood asphalt trail connector to the property line as depicted on their preliminary plan submittals. 24. Water Resource Coordinator’s Conditions: City Council Summary – January 9, 2006 7 a. A wetland buffer 16.5 to 20 feet in width (with a minimum average of 16.5 feet) shall be maintained around Wetland D. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City’s wetland ordinance. The applicant shall install wetland buffer edge signs, under the direction of City staff, before construction begins and shall pay the City $20 per sign. b. All structures shall maintain a setback of at least 40 feet from the wetland buffer edge. c. The applicant shall work with the City’s consultant to accommodate regional and site- specific storm water needs. d. The approximate location and extent of drain tile shall be shown on the plans. The applicant shall provide details as to whether the tile line will be removed, abandoned in place or remain. If the tile is to remain, the flow from the tile shall be accommodated in the design of the storm water management plan. e. The applicant shall provide rate control and storm water treatment to reduce off-site impacts. To provide a low-gradient means for controlling rate and volume, the applicant shall consider cooperating with the City to construct a wetland in the rear portions of any number of Lots 1-8, Block 3. In the event that the applicant is interested in pursuing wetland construction for banking purposes, this planning shall be integrated with the City’s consultant’s storm water infrastructure planning. f. Drainage and utility easements (minimum 20 feet in width) shall be provided over all existing wetlands, storm water infrastructure and storm water ponds. g. The developer asserts that, due to the steep grade in the southern portion of the property, custom grading would not save any additional trees. In addition, the developer maintains that the slope of the road and the location of the retaining wall make custom grading lots impractical. If the developer demonstrates to the satisfaction of staff that custom grading for their typical house pad would not result in additional significant tree preservation, mass grading of this area may be approved. h. The existing outlet structure of Pond A shall be removed and replaced in accordance with the City’s standard detail. A stable emergency overflow (EOF) shall be provided for the pond. i. The portion of the silt fence that runs from the pipeline easement through Lot 7, Block 3 shall be moved upslope to the west by 30 to 60 feet to more clearly define the grading limits. The area of property between the silt fence and the gully and property line shall be seeded and mulched to control weeds and get a desirable cover crop in areas that were recently farmed. j. A temporary basin shall be constructed in the vicinity of Lots 6 and 7, Block 3. The temporary sediment basin shall be installed prior to disturbing upslope area. A temporary perforated riser and stable emergency overflow (EOF) for the basin shall be City Council Summary – January 9, 2006 8 installed; details shall be included in the plan. The basin shall be properly sized for the watershed area, according to NPDES requirements (i.e. The basins must provide storage below the outlet pipe for a calculated volume of runoff from a 2-year, 24-hour storm from each acre drained to the basin, except that in no case shall the basin provide less than 1,800 cubic feet of storage below the outlet pipe from each acre drained to the basin). k. Chanhassen Type 2 silt fence shall be provided for the perimeter of the site up to Lot 10, Block 3. From there, Type 1 may be used. Silt fence shall be shown on the plans around Lots 1 and 2, Block 1. l. Curbside inlet controls are needed; Wimco type or ESS type (or approved similar protection) inlet controls shall be used. Curbside inlet protection shall be provided for existing inlets adjacent to the site exit on Osprey Lane. City standard inlet protection details 5302 and 5302A shall be included in the plans. The proposed rear yard catch basin protection shall be revised; Wimco type, ESS type or equal must be used. The proposed silt fence shall be installed with additional rock around Chanhassen type 1 silt fence. m. The plans shall be revised to show energy dissipation for the flared end section on Lot 7, Block 3. n. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Type of Slope Time (Maximum time an area can Steeper than 3:1 7 days remain open when the area 10:1 to 3:1 14 days is not actively being worked.) Flatter than 10:1 21 days These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. o. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as-needed. p. In order to fund the maintenance and expansion of the BC-P4.10 storm water pond and construction of additional capacity, the costs will be allocated among the benefiting properties. The total cost of materials and construction will be divided by the number of acres in the resulting subwatershed. The City will be responsible for the acres contributing from land already developed, park land and land to be developed in the future (e.g., the Bongard parcel). The developer will be responsible for the acres contributing from their development. If, for any reason, the regional storm water facility City Council Summary – January 9, 2006 9 is not constructed, the developer will be responsible for providing storm water quality and quantity management on the subject property and paying Surface Water Management connection charges in accordance with City Code. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $65,364. q. In conjunction with the BC-P4.10 storm water ponding project, land in addition to the land shown in Outlot A may be required. At this time, the estimated amount of land is approximately 0.5 acres. The developer and the City will seek to agree upon the terms of the use of land for ponding should additional land be required. The developer, if required, shall provide additional land for ponding. 25. Fire Marshall Conditions: a. No burning permits will be issued for trees to be removed. Trees and shrubs must be either removed from site or chipped. b. Fire apparatus access roads and water supply for fire protection is required to be installed. Such protection shall be installed and made serviceable prior to and during the time of construction except when approved alternate methods of protection are provided. A fire apparatus access road shall be designed and maintained to support the imposed load of fire apparatus and shall be serviced so as to provide all weather driving capabilities. Pursuant to Minnesota Fire Code Section 503.2.3. c. Temporary street signs shall be installed on street intersections once construction of the new roadway allows passage of vehicles. Pursuant to 2002 Minnesota Fire Code Section 501.4. d. A 10-foot clear space must be maintained around fire hydrants, i.e., street lamps, trees, shrubs, bushes, Xcel Energy, Qwest, cable TV and transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1. e. Fire hydrant spacing is acceptable. f. Submit proposed street names to Chanhassen Building Official and Chanhassen Fire Marshal for review and approval. 26. Building Official Conditions: a. A final grading plan and soils report must be submitted to the Inspections Division before building permits will be issued. b. Demolition permits must be obtained prior to demolishing any structures on the site. City Council Summary – January 9, 2006 10 c. The developer must submit a list of proposed street names for review and approval prior to final plat of the property. d. Retaining walls more than four feet high must be designed by a professional engineer and a building permit must be obtained prior to construction. e. Separate sewer and water services must be provided each lot. f. Existing wells and on-site sewage treatment systems on the site must be abandoned in accordance with State Law and City Code. 27. The retaining walls shall be maintained by a Homeowners Association. 28. The City shall not be responsible for maintenance of storm water infrastructure on Lots 7, 8, and 9, Block 3.” 29. In the event that the regional pond project is not constructed, the applicant has proposed the installation of a second outlet structure on Pond A. In that event the existing outlet structure that is failing must also be replaced. The cost of a new outlet structure to replace the existing failing structure would be borne by the City, but the replacement would be done by the applicant. All voted in favor and the motion carried unanimously with a vote of 5 to 0. GALPIN CROSSING, NORTHWEST CORNER OF THE INTERSECTION OF HIGHWAY 5 & GALPIN BOULEVARD, RICH RAGATZ: REQUEST FOR RECONSIDERATION OF CONCEPT PUD FOR A 10 UNIT TWIN HOME PROJECT AND A 66,000 SQ. FT. OFFICE DEVELOPMENT. Roger Knutson explained the council’s options for reconsideration of this item. Kate Aanenson presented an update on the request from the applicant, Epic Development. Rich Ragatz with Epic Development gave his reasons for asking for reconsideration of setbacks, number of buildings, and waiting for completion of the retail market study. After council discussion it was decided not to reconsider the item. No motion was needed. ORCHARD GREEN, 2611 & 2621 ORCHARD LANE, PETER KNAEBLE: REQUEST FOR SUBDIVISION REVIEW FOR 4 SINGLE FAMILY LOTS. Public Present: Name Address Steve Lynch 5225 Park Avenue Matt Pavek 7110 Plymouth Avenue No, Golden Valley John Dragseth 2600 Forest Avenue Jacqueline A. Dorsey 311 So. Water Street, Northfield City Council Summary – January 9, 2006 11 Kate Aanenson presented the staff report and Planning Commission update on this item. Matt Pavek with Terra Engineering stated they concur with the staff report and would be available for questions. Mayor Furlong opened the meeting for public comment. John Dragseth, 2600 Forest Avenue addressed procedure regarding condition 22 which addresses a property line dispute. He asked that the City Council approve the preliminary plat as submitted to the Planning Commission which included condition 22. Jacqueline Dorsey, 311 South Water Street, Northfield representing the land owners Sandra and Dwayne Johnson addressed the issues of Torrens property and condition 22. After council discussion the following motion was made. Councilman Labatt moved, Councilwoman Tjornhom seconded that the City Council approve preliminary plat for Planning Case 05-42, Orchard Green for 4 single family lots as shown on the plans prepared by Terra Engineering and stamped “Received November 4, 2005”, subject to the following conditions: 1. Applicant shall submit a landscaping plan showing 19 trees as replacement plantings. Plan shall specify size, species, and locations. 2. All areas outside of grading limits shall be protected by tree preservation fencing. Fencing shall be installed prior to grading and excavation for homes on each lot. Any trees shown as preserved that are removed or damaged shall be replaced at a rate of 2:1 diameter inches. 3. The water and sanitary hook-ups for lot 2 must be moved to the driveway in order to preserve the 12” maple. 4. The developer must obtain all permits necessary to remove the existing homes. 5. The grading plan must be revised as follows: a. All proposed contours must tie in to existing contours, particularly the 992’, 990’ and 988’ contours on the west side of Lot 1; and the 996’, 994’ and 992’ contours on the east side of Lot 3. b. Staff recommends that the low floor elevations for Lots 1 and 2 be lowered one foot to achieve an 8 foot walkout. Staff recommends that steps be installed in the garage on Lots 3 and 4 to achieve an 8 foot walkout. c. A drainage breakpoint elevation must be shown northeast of the building pad corner on Lot 3. 6. Hydrology calculations must be submitted and shall include pre- and post-development volume and peak discharge rates for the 2, 10 and 100 year rainfall events. 7. Any proposed retaining wall over four feet high requires a building permit and must be designed by a Professional Engineer registered in the State of Minnesota. 8. If importing or exporting material for development of the site is necessary, the applicant will be required to supply the City with a detailed haul route and traffic control plan. City Council Summary – January 9, 2006 12 9. The developer must acquire a Work in Right of Way Permit from the Engineering Department before commencing work in the right of way and shall submit a financial security to ensure that Orchard Lane and Forest Avenue are properly restored after the services have been installed. 10. The developer shall pay the $29,298.00 trunk and lateral water and sewer fees in cash with the final plat or assess them to the lots within the proposed development. The lateral connection charges can be assessed at 8% for 8 years. The trunk hookup charges can be assessed at 8% for 4 years. 11. Detailed grading, drainage, tree removal and erosion control plans must be submitted with the building permit for each lot. 12. Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA and the Watershed District. 13. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Type of Slope Time (maximum time an area can remain unvegetated when area is not actively being worked) Steeper than 3:1 7 Days 10:1 to 3:1 14 Days Flatter than 10:1 21 Days These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. 14. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as-needed. 15. The plans shall be revised to show the location(s) of the rock construction entrance(s). 16. The plans shall be revised to expand the drainage and utility easement in a straight line from the point where the 978 elevation intersects the east lot line of Lot 4, Block 1, to where the 978 elevation intersects the 20’ sanitary sewer easement at the southern edge of Lot 4, Block 1. Standard drainage & utility easements shall be dedicated in all other locations. 17. Based on the proposed developed area of approximately 2.02 acres, the water quality fees associated with this project are $2,208; the water quantity fees are approximately $5,464. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $7,672. City Council Summary – January 9, 2006 13 18. In the absence of parkland dedication, it is recommended that Orchard Green pay full park dedication fees at the rate in force upon final platting. At today’s rate, these fees would total $16,000 (4 lots x $4,000). 19. Demolition permits must be obtained before demolishing any existing structures. 20. Provide a cleanout on the sewer service for Lot 3. 21. Final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued. All voted in favor and the motion carried unanimously with a vote of 5 to 0. BLUFF CREEK TWIN HOMES, SOUTHWEST CORNER OF LYMAN BOULEVARD & HIGHWAY 101, MARTIN SCHUTROP: REQUEST FOR A COMPREHENSIVE PLAN AMENDMENT TO INCORPORATE THE PROPERTY IN THE 2000 MUSA; CONDITIONAL USE PERMIT FOR DEVELOPMENT WITHIN THE BLUFF CREEK OVERLAY DISTRICT; AND SUBDIVISION WITH VARIANCES FOR AN 18 UNIT TWIN HOME DEVELOPMENT, 2 OUTLOTS AND PUBLIC RIGHT-OF-WAY. Kate Aanenson presented the staff report and Planning Commission update on this item. Councilman Lundquist asked for clarification on the current MUSA boundary and pedestrian access to Bandimere Park. Councilwoman Tjornhom also stated a concern with the trail going to Bandimere Park. Councilman Peterson asked for clarification on the elevation drawings. Mayor Furlong stated a concern with the proximity of the cul-de-sac to 101, and access control from the site onto Lyman. The applicant, Martin Schutrop stated he was available to answer questions. Mayor Furlong opened the meeting for public comment. Debbie Lloyd, 7302 Laredo Drive asked for justification of the 20 foot setback for Lots 1 and 2 versus 30 and asked for a parking provision within the development. After council discussion the following motions were made. Councilman Labatt moved, Councilwoman Tjornhom seconded that the City Council approve the following items subject to the revised Findings of Fact: A. Resolution #2006-05: The City Council approve the Comprehensive Plan Amendment incorporating the property in the current Metropolitan Urban Services Area (MUSA) subject to review and approval by the Metropolitan Council. B. Approval of the Concept and Preliminary Planned Unit Development rezoning the property from A2, Agricultural Estate District to PUD-R, Planned Unit Development- Residential incorporating the development design standards contained in the staff report. All voted in favor and the motion carried unanimously with a vote of 5 to 0. C. Approval of the preliminary plat creating 18 lots, two outlots and right-of-way for public streets with a variances for the public street right-of-way width and the use of private streets to access lots 8, 9, 12, 13, 16 and 17, plans prepared by Ryan Engineering, dated October 28, 2005, subject to the following conditions: City Council Summary – January 9, 2006 14 1. A sidewalk connection on the south side of the street from the internal street cul-de-sac to the intersection of Lyman Boulevard shall be provided. 2. The development shall pay full park fees in effect at the time of final plat approval. 3. Applicant shall resubmit for city approval a landscaping plan that includes 84 trees. At least one tree is required in each front yard. Common areas must be sodded and provided with irrigation. Native plantings will be required along the southern edge of the development parallel to the wetland. These plantings shall be species selected from the Bluff Creek Management Plan planting list. 4. Applicant shall meet the minimum number and types of plantings required for the bufferyards. 5. A 10-foot clear space must be maintained around fire hydrants, i.e., street lamps, trees, shrubs, bushes, Xcel Energy, Qwest, cable TV and transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1. 6. Temporary street signs shall be installed on street intersections once construction of the new roadway allows passage of vehicles. Pursuant to 2002 Minnesota Fire Code Section 501.4. 7. Fire apparatus access roads and water supply for fire protection is required to be installed. Such protection shall be installed and made serviceable prior to and during the time of construction except when approved alternate methods of protection are provided. 8. Fire apparatus access roads shall be designed and maintained to support the imposed load of fire apparatus and shall be serviced so as to provide all-weather driving capabilities. Pursuant to Minnesota Fire Code Section 503.2.3. 9. No burning permits shall be issued for trees to be removed. Trees and shrubs must either be removed from site or chipped. 10. Submit street names to Chanhassen Building Official and Chanhassen Fire Marshal for review and approval. 11. Two additional fire hydrants will be required; one at the intersection of Lyman Boulevard and the new proposed road, and one in the area of Lot 13/14. 12. A minimum 16.5 foot buffer strip shall be maintained from the delineated edge of the wetland. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City’s wetland ordinance. The applicant shall install wetland buffer edge signs, under the direction of City staff, before construction begins and shall pay the City $20 per sign. City Council Summary – January 9, 2006 15 13. A drainage and utility easement shall be dedicated over all of Outlot B. The developer may dedicate Outlot B to the City. 14. All structures shall maintain a 40-foot setback from the edge of the wetland buffer. 15. All structures shall meet a 40 foot structural setback from the Primary Corridor boundary of the Bluff Creek Overlay District as required by Chanhassen City Code. In addition, no grading shall occur within the first 20 feet of the Primary Corridor. The plans shall be revised to eliminate grading within 20 feet of the Primary Corridor. 16. The plans shall be revised to include the City of Chanhassen’s standard detail 5300 for silt fence. Type 2 silt fence shall be used along the southern grading limits and at the normal water level of the pond. Type 1 silt fence shall be used elsewhere. Silt fence shall be installed around the storm water pond at the pond’s normal water level until surrounding areas have adequate vegetative erosion control established. 17. The plans shall be revised to include City of Chanhassen standard detail 5302A for Wimco or similar catch basin inlet protection. 18. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Type of Slope Time (Maximum time an area can Steeper than 3:1 7 days remain open when the area 10:1 to 3:1 14 days is not actively being worked.) Flatter than 10:1 21 days These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. 19. All erosion and sediment control measures shall be installed and maintained in accordance with City, Carver County Water Resource Management Area and MPCA permit requirements. 20. A SWPPP should be developed by Ryan Engineering for the site which would encompass an erosion and sediment control plan. The SWPPP is needed prior to applying for the NPDES permit. 21. Erosion control blanket is needed for the slopes NE of lot 18 and the southern slopes from about the 912 / 910 proposed contours to the bottom of the slope within 14 days of final grade. 22. Energy dissipation at the FES inlet to the permanent storm water pond is needed. A detail is needed. City Council Summary – January 9, 2006 16 23. The proposed storm water basin must be used as a temporary sediment trap during construction and must be excavated in the initial construction phases of the development. A temporary diversion berm should be constructed to divert runoff from lots 18 to 11 into the pond. This should be included in the SWPPP. 24. A temporary outlet and / or a temporary stabilized EOF for the temporary basin is needed. 25. Inlet controls are needed for the CB’s within 24 hours of installation. A detail is needed; Chanhassen city specifications are Wimco type inlet control or equal. 26. The silt fence as proposed is running up and down the slope along the west and east boundaries of the site. The silt fence must be installed with J-hooks to effectively provide sediment control and not concentrate runoff to the south. 27. A concrete washout area is needed in the SWPPP; silt fence, sump area and rock driveway should be used and could be located in Outlot A. 28. A permanent outlet structure is needed for the permanent storm water basin in the southwest corner of the pond. Detail is needed. 29. A stable emergency over flow (EOF) is needed for the permanent storm water basin. Riprap or a turf reinforcement mate (TRM) could be used and specifications and detail area needed. 30. The contractor shall inspect daily all erosion control measures and perform maintenance on BMPs as needed or required. 31. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $21,857. 32. The final plans must include the following revisions: a. Existing contours within 100 feet of the proposed development must be shown on the plan. b. Note the top and bottom of wall elevations for all retaining walls. c. Note the location and elevation of the emergency overflow on the east end of the cul de sac. d. A full-size drainage area map must be submitted. e. A five-foot wide concrete sidewalk must be constructed on one side of the street. f. Show the proposed street light layout. g. A stop sign must be installed at the intersection at Lyman Boulevard. h. All plan sheets must be signed by an Engineer registered in the State of Minnesota. 33. If import or export of material is required for the development of this property, the applicant must submit a detailed haul route to the City. 34. The existing well and septic system must be properly removed/abandoned. City Council Summary – January 9, 2006 17 35. The developer must field verify the sewer and watermain stub locations and elevations. If the stubs have not been installed the developer shall directional bore the utilities under Lyman Boulevard. All costs and permits associated with this work would be the developer’s responsibility. 36. Public utility improvements are required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. Detailed construction plans and specifications must be submitted at time of final plat and shall include all required information. 37. The applicant is required to enter into a development contract with the City and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. 38. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley-Purgatory-Bluff Creek Watershed District, Minnesota Pollution Control Agency (NPDES Phase II Construction Site Permit), Department of Health, MCES, Minnesota Department of Natural Resources (for dewatering), Army Corps of Engineers, Minnesota Department of Transportation, Minnesota Department of Health) and comply with their conditions of approval. 39. Access and maintenance agreements shall be recorded against the benefiting properties for the private streets. 40. Buildings over 8,500 sq. ft. in size must be protected with an automatic fire protection system. The State of Minnesota is in the process of revising Chapter 1306 of the Minnesota State Building Code regarding fire protection systems. It is not yet entirely clear how these changes will affect residential construction. It is important that the developer meet with the Inspections Division prior to final design to determine what ramifications, if any, the new requirements will have on the project. 41. Demolition permits must be obtained before demolishing any structures on the site. Existing utilities and on-site sewage treatment systems must be abandoned in accordance applicable regulations. 42. A final grading plan and soils report must be to the Inspections Division before permits can be issued. 43. Retaining walls over four high must be designed by a professional engineer and cannot be constructed until a building permit is obtained. 44. The applicant shall create a Homeowners Association to take responsibility of the retaining walls and maintain them. 45. Walls and projections within 3 feet of property lines are required to be of one-hour fire- resistive construction. City Council Summary – January 9, 2006 18 46. The buildings will be required to be designed by an architect and engineer as determined by the Building Official.” 47. That the developer provides trail access to the southwest corner of 101 and Lyman. 48. That the developer revises drawings to adhere to the 5 foot setback requirements. 49. The developer shall install a 16 inch watermain along 101 and loop the watermain within the project to this watermain. The city will reimburse the developer for the costs of oversizing the pipe for the 16 inch watermain. D. Approval of Conditional Use Permit to develop within the Bluff Creek Overlay District subject to the following conditions: 1. No grading is allowed within the first 20 feet of the Primary Corridor boundary. 2. All structures must meet a 40 foot structural setback from the Primary Corridor boundary. All voted in favor and the motion carried unanimously with a vote of 5 to 0. COUNCIL PRESENTATIONS: Mayor Furlong invited council members to attend a meeting relating to emergency preparedness within the county being held at Carver County on Saturday, January 14, 2006. ADMINISTRATIVE PRESENTATIONS: Todd Gerhardt updated the council on the building permit valuation summary. He also noted that the Chamber of Commerce has selected the City as a finalist as the Business of the Year recipient and provided an update on a carbon monoxide scare at a residential home which occurred on Christmas Eve. CORRESPONDENCE DISCUSSION. None. Councilman Lundquist moved, Councilwoman Tjornhom seconded to adjourn the meeting. All voted in favor and the motion carried. The City Council meeting was adjourned at 8:55 p.m.. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim CHANHASSEN CITY COUNCIL REGULAR MEETING JANUARY 9, 2006 Mayor Furlong called the meeting to order at 7:00 p.m.. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilman Labatt, Councilwoman Tjornhom, Councilman Peterson and Councilman Lundquist STAFF PRESENT: Todd Gerhardt, Justin Miller, Kate Aanenson, Paul Oehme, Todd Hoffman and Tom Knowles PUBLIC PRESENT FOR ALL ITEMS: David Jansen Chanhassen Villager Kurt Papke Planning Commission Debbie Lloyd 7302 Laredo Drive Janet Paulsen 7305 Laredo Drive PUBLIC ANNOUNCEMENTS: Mayor Furlong: Thank you and good evening to everybody here joining us in the Council Chambers as well as those watching us at home. We’re glad that you joined us. I’d like to wish everybody a happy new year as well. Hope that their holidays went well. This is our first meeting of the calendar year and as such there are a few organizational items that are necessary for us to address so at this time, first I would ask if there are any modifications or changes to the agenda that was distributed with the council packet? If there aren’t, then without objection we’ll proceed with that agenda. ORGANIZATIONAL ITEMS: A. DESIGNATION OF OFFICIAL NEWSPAPER. Mayor Furlong: The City will use this newspaper for communicating with our residents and other interested parties with regard to our activities. Staff has recommended the Chanhassen Villager be appointed as the official newspaper. I guess at this time I would ask if there’s any questions for staff on this item. At all. Or any discussion. If not, is there a motion to adopt staff’s recommendation? Councilman Labatt moved, Councilman Peterson seconded to appoint the Chanhassen Villager as the city’s official newspaper. All voted in favor and the motion carried unanimously with a vote of 5 to 0. City Council Meeting – January 9, 2006 2 B. APPOINTMENT OF ACTING MAYOR. Mayor Furlong: This is a person, member of the City Council who will run council meetings, stand in at ceremonies and execute other official documents in the mayor’s absence. We’ll open up the floor for nominations for acting mayor. Councilman Labatt: Mayor, I would nominate Councilman Brian Lundquist. Mayor Furlong: Okay, thank you. Is there a second? Councilman Peterson: Second. Mayor Furlong: Second. Any other nominations? Seeing none we’ll close nominations without objection. Councilman Labatt moved, Councilman Peterson seconded to appoint Councilman Lundquist as Acting Mayor. All voted in favor and the motion carried unanimously with a vote of 5 to 0. C. APPOINTMENT OF FIRE CHIEF. Mayor Furlong: The fire department elected Greg Geske to another 2 year term as our fire chief in December of last year. Last month. Staff’s recommending that the council reaffirm Mr. Geske’s appointment as Fire Chief. Is there a motion to that effect? Councilman Lundquist: So moved. Councilman Labatt: Second. Mayor Furlong: Thank you. Made and seconded. Any discussion on that? Very good, Mr. Geske did a great job and we look forward to 2 more years of his service to this city as chief. Councilman Lundquist moved, Councilman Labatt seconded to reaffirm Mr. Greg Geske’s appointment as Fire Chief. All voted in favor and the motion carried unanimously with a vote of 5 to 0. CONSENT AGENDA: Debbie Lloyd: Debbie Lloyd, 7302 Laredo Drive. I’d like to remove Chapter 20, the discussion specifically on the setback. 20 feet from any gas pipeline easement. I’d like to understand the vote on that issue. Thank you. Mayor Furlong: Okay. That was 2(d) I believe, is that correct Ms. Lloyd? It was Chapter 20? Debbie Lloyd: Yes. City Council Meeting – January 9, 2006 3 Mayor Furlong: Okay, that’s item 2(d). We’ll also bring that up after visitor presentations. Without objection. Any other items? Councilman Lundquist moved, Councilman Labatt seconded to approve the following consent agenda items pursuant to the City Manager’s recommendations: a. Approval of Minutes: -City Council Work Session Minutes dated December 12, 2005 -City Council Verbatim & Summary Minutes dated December 12, 2005 Receive Commission Minutes: -Planning Commission Verbatim & Summary Minutes dated December 6, 2005 b. Approval of Amendment to the 2006 Meeting Schedule. c. Amendment to Chapter 18 of City Code, Subdivision. e. Enterprise Rent-a-Car: Request for Conditional Use Permit to Rent Automobiles at 227 West 79th Street (Located at Master Collision). f. 2006 Street Improvement Project 06-01: Approval of Drainage and Utility Easement Acquisition for Storm Pond Improvements. g. Approve Joint Powers Agreement with Carver County/MnDot for TH 101 Corridor Study South of Lyman Boulevard. h. Accept $1,000 Donation to the Chanhassen Recreation Center from TCF Bank. i. Resolution#2006-01: 2006 Street Improvement Project: Accept Feasibility Study and Call for Public Hearing for Koehnen Area Street Reconstruction Project 06-01. k. Resolution #2006-02: Arboretum Business Park 6th Addition, Project 03-08: Accept Public Utilities. l. TH 101 GAP Project 04-06: Approval of Land Purchase Agreement with Lake Susan Apartments. n. Resolution #2006-03: Approve Amended Resolution Adopting Assessment Roll for the TH 312/212 Improvement Project Nos. 03-09-2, 04-05 & 04-06. All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS: Deb Lloyd: Tonight you’ll be addressing Planning Case 05-36, the Bluff Creek Twin Homes. The PUD-R. I just wanted to point out one thing. City Council Meeting – January 9, 2006 4 Mayor Furlong: Can I ask you, are you going to, maybe we can bring it up when that item comes up on the agenda if you’d prefer. Deb Lloyd: Certainly. Yes, I’d be prepared then. Thank you. Mayor Furlong: Okay, is there anyone else who’d like to address the council on visitor presentations. If not, this evening with our just passed consent agenda one of the items was the acceptance of a donation offered by TCF Bank of $1,000 for our Chanhassen Recreation Center. That motion prevailed with our passing of the consent agenda and this evening Ms. Elizabeth Hoffman and Mr. Joe Miller are here with the TCF Bank so I would invite them forward at this time. Joe Miller: Hi, good evening City Council members. My name is Joe Miller. I’m a representative of TCF National Bank. We’re excited to add our second convenient location in Chanhassen, just up the road on 7900 Market Boulevard. As part of our tradition we do like to make a donation with each new branch we open and on behalf of TCF we want to make $1,000 donation to the Chanhassen Rec Center. This is also Jan Hellbrick who is an assistance manager at that location over there. Mayor Furlong: Well we thank TCF Bank for their donation to our rec center. We’re proud of our rec center and I know that money is going to be well used to expand some of their offerings out there so again, thank you very much for that. At this point we’ll pick up a couple of the items that were pulled off our consent agenda. We’ll start in order that they were listed on the agenda. D. AMENDMENT TO CHAPTER 20 OF CITY CODE, ZONING. Mayor Furlong: So we’ll pick up item 1(d) which is relating to the Chapter 20. Is Ms. Lloyd still here? Okay, if you’d like to come back forward and state your questions. This is on Chapter 20. You had a question on the setback requirement or clarification. Deb Lloyd: Do I need to reintroduce myself? Mayor Furlong: That’s fine. Deb Lloyd: Okay. You know the internet is a marvelous tool today that allows you to research a lot of topics and it’s very, I think the setback from easements for pipelines and other hazardous materials is a very interesting topic. In the staff report it suggests that there’s a 50 foot setback that is suggested in Washington and I’m just curious, we’re going to a 20 foot setback. And we have some setbacks that are presently, was it 65 feet? Kate Aanenson: I’ll answer all these when you get done. Deb Lloyd: Yeah, you have the information in front of you, so I’d just like to know why we’re deviating so much. Granted there will be homes that would be non-conforming to a new standard or other structures that would be, but that’s such a significant deviation and there is City Council Meeting – January 9, 2006 5 some risk, although perhaps the chances of a gas explosion are minimal. There is risk associated with that. So I’d just like to understand why we’re going from a 20 foot, or we’re going to a 20 foot from a recommended 50 and we have an array as high as 65 presently. That’s all. I’d just like to hear the council’s discussion on the item. Mayor Furlong: Well I guess I would ask Ms. Aanenson, maybe you could, I know this issue was brought up before the Planning Commission too so maybe you could address it. Kate Aanenson: The reason that it was precipitated at the Planning Commission is, we have the Williams Pipeline that runs through the City of Chanhassen. However the easement was secured is depending, you know the easement itself varies depending on how it was secured. Sometimes they were given 50 feet. Sometimes less. Right now there is no standard setback from a pipeline. In researching this item with the city attorney, it’s stated in State Code is a city can adopt their own standard for this, so in looking at modeling what other cities have, and what we currently have. If you look in the staff report it ranges from 12 to 46 feet and it’s kind of development driven so we want to have a uniform practice. The other thing to consider is the pipe itself may not always be centered in the easement so sometimes it’s punitive. It may be in excess of 70 feet, depending if the 55 foot easement so we really took a look at the depth. We considered that. The depth of the utility itself. Again this is for high transmission. When you look at the issue, part of the ordinance on page 2 of what we put together for the staff, it doesn’t say that it’s the transmission pipeline. If you look at the ordinance it clearly states it’s for the transmission so what we’re looking at this is really put in place for the Williams Pipeline. So based on what we currently have in place, which is a significant number of subdivisions that are in place and that ordinance, we felt like in looking at what’s coming in in the future and the zoning associated with that, we felt that 20 foot seemed like an adequate setback. And again we have nothing right now. It’s a 0 setback requirement so that’s where we’re moving to. To 20. Mayor Furlong: And I guess for clarification, it also speaks to the no buildings were located within the easement. Kate Aanenson: That’s correct, but you could build right up to it and that’s what we’re trying to do is give even a little bit better buffer so, you have to outside the easement, which is true with any city easement. You just can’t go into it if it meets setback so this would go above and beyond that. Mayor Furlong: Mr. Knutson, any comments or thoughts on the question? Roger Knutson: Kate and I have discussed this extensively a month or so ago and it seems reasonable to me. That’s 40 feet of additional land that cannot be developed so you have to look at what safety requires and give people reasonable use of their property, and right now additional 40 feet of property will be able to be used for development. And we think that provides good protection based on what we know. Mayor Furlong: Okay, thank you. Any questions for staff on this issue or anything else with regard to Chapter 20? City Council Meeting – January 9, 2006 6 Councilwoman Tjornhom: Kate, what did we use as a tool beforehand? Kate Aanenson: We didn’t have one. It was really up to the developer depending on what they did. Some of them, based on the type of development were able to provide a little bit greater setback. But right now you, you were allowed to build up to the easement. Again, sometimes the easement was 65 feet so you had kind of a built in buffer if it was centered, but it’s not always the pipeline isn’t always centered in the easement. So really this is giving us an additional buffer, and that was our goal. We found in some circumstances when the pipeline’s not centered, that we had some concern about putting single family next to that. And the state law does allow us to do our own ordinance above and beyond that and that’s the research we found out working with the city attorney. Mayor Furlong: Okay, thank you. Any discussion on this matter? My sense is, having heard this and the information in the report, that staff gave it thoughtful consideration. Came up with a compromise and for that reason I think I was comfortable originally going in so once, still am. Is there any other discussion on this? If not, is there a motion to adopt item 2(d). Councilman Lundquist: Motion to approve. Mayor Furlong: Thank you. Is there a second? Councilman Labatt: Second. Councilman Peterson: Second. Mayor Furlong: Made and seconded. Any discussion on the motion? I’m sorry, that’s item 1(d) off the consent agenda. Not 2(d). Councilman Lundquist: 2(d). Mayor Furlong: It is 2(d)? I was right. I thought I was wrong but I was right. We have a motion in front of us that’s been made and seconded. Councilman Lundquist moved, Councilman Labatt seconded that the City Council approve amendment to Chapter 20 of City Code, Zoning. All voted in favor and the motion carried unanimously with a vote of 5 to 0. O. KENTON & JULIA KELLY, 6539 GREY FOX CURVE: APPROVAL OF A WETLAND ALTERATION PERMIT TO CONSTRUCT A DOCK. Councilman Lundquist: Kate, walk me through as we’ve gone through a couple of these, this one’s been going on for a long time but recently how this one differs from the other ones that other applicants have been in with these docks through the wetlands on Lotus Lake. Kate Aanenson: Well this one is unique in the fact that they’re acquired an outlot to assemble with their property to secure dock rights. They’re all unique, every time you do one. You know City Council Meeting – January 9, 2006 7 typically the one we most recently looked at prior to this didn’t have riparian rights. While this is an outlot, it clearly has riparian rights. It’s the fact that it was kind of what precipitated this is the staff’s belief that that outlot was, the…provide just open space and not be used as a structure. The one we most recently looked at, the City Council, that one, you couldn’t get to the depth to make that work so it didn’t meet all the standards of a dock, while this one is on an outlot. It can meet the dock standards just as the impact to mitigate that for the, because it’s going through the wetland. It can meet the depth on all that. And I think at the end of the day the goal with the wetland alteration permit, what we’re trying to prevent is them selling off additional property and allowing somebody else to get a dock, and through the wetland alteration permit, which is our goal is not to have additional docks. So that’s really, through a few years of negotiations, that’s the ultimate goal is not to have additional docks on that outlot and that’s what the wetland alteration permit will give us. Councilman Lundquist: Roger, that’s within our power and jurisdiction to prevent structures or further subdivision or put that as a condition on that wetland alteration permit? Roger Knutson: Mayor and council members, yes it is because if we didn’t, without that condition they could sell off that outlot and someone could use it for a stand alone dock. That’d be in violation of our zoning ordinance. Docks are allowed as an accessory to a principle dwelling. You can’t just by a lot and just put a dock on, unless you qualify as a recreational beachlot, which is a whole different animal. Councilman Lundquist: Okay. Okay, that’s all I had. Thank you. Mayor Furlong: Okay, any other questions on this item? If not, is there a motion? Councilman Lundquist: Motion to approve. Mayor Furlong: Thank you. Is there a second? Councilwoman Tjornhom: Second. Mayor Furlong: Made and seconded. Any discussion? Councilman Lundquist moved, Councilwoman Tjornhom seconded that the City Council approve a Wetland Alteration Permit to construct a dock at 6539 Grey Fox Curve for Kenton and Julia Kelly. All voted in favor and the motion carried unanimously with a vote of 5 to 0. STONEFIELD, 1601 LYMAN BOULEVARD, PLOWSHARES DEVELOPMENT, LLC: A. PUBLIC HEARING ON VACATION OF DRAINAGE & UTILITY EAEMENTS. B. REQUEST FOR REZONING FROM AGRICULTURAL ESTATE DISTRICT, A2 TO SINGLE FAMILY RESIDENTIAL, RSF. C. REQUEST FOR SUBDIVISION INTO 30 LOTS, 1 OUTLOT AND PUBLIC RIGHT-OF-WAY WITH VARIANCES. City Council Meeting – January 9, 2006 8 Public Present: Name Address Mark Edman 1572 Bluebill Trail Brent Hislop 1851 Lake Drive West #550 Curtis Neft Westwood Professional Services Matt Amack 8633 Alisa Court Craig J. Renir 8668 Flamingo Drive Matt Goldstein Lundgren Bros. Construction Steve Buan 8740 Flamingo Drive Mayor Furlong: There are a number of items here, the first one of which and while it’s listed under public hearing is related to vacation of existing drainage and utility easements. There’s also a request for rezoning of the property and request for preliminary subdivision so staff report please and make sure at some point that we get into the public hearing. We don’t want to. Kate Aanenson: Correct. Remind me when I get, but I’m going to wrap them all together. Kind of go back to the vacation. Kind of site where the property is. The subdivision and then back, circle back around to why we need to do the vacations. Mayor Furlong: Okay. Kate Aanenson: So if I forget you can help remind me to open up the public hearing. Mayor Furlong: Thank you. Kate Aanenson: Subject site, the Goers property is located off of Lyman. The current driveway comes that way but this subdivision actually will come off of Osprey Lane. It’s the only way to access this property. Wooded area on the south. So this is the existing. There is a 50 foot right- of-way existing on that. That’s the variance that you see before you tonight, is we think that transition from the 50 to the 60. This item was heard before the Planning Commission on December 6th to review the development. They approved, voted 6-0 to approve the subdivision itself. I’ll go through the subdivision. The critical issues there and then like I said, I’ll circle back and talk about the project itself. Again they’re splitting part of the Goers’ property, the property to the south of this. This is heavily wooded. There was a question brought up earlier at the Planning Commission meeting as preservation of trees. This is not in the Bluff Creek Overlay District. The Bluff Creek Overlay District is further south of this so this is treated. The wooded area as we do with any other project for the tree preservation and there’s a requirement to actually replace a significant amount of trees. Part of this property is currently farmed so. Another question that arose, there are changes that you approved tonight regarding the subdivision and zoning ordinance. The zoning ordinance, there wouldn’t be a change that would, there is a setback requirement from a pipeline that they would have to meet. That’s in the zoning ordinance. They have accommodated that. There’s other changes on the plat that they would have standing on that because by the time that’s get published this plat would be through City Council Meeting – January 9, 2006 9 so they would have to make those changes on the subdivision itself. There is some extensive grading on the site, and then also the city is working. There’s a drainage issue on the project itself too and I’ll go through that for a minute. Again as I mentioned it was farmed. Heavily wooded. You’re looking at some neighboring property. Looking at how this piece ties together. Part of what the staff looks at, I just want to kind of back out a little bit. One of the projects, this may be a little hard to see but part of what we look at is making sure all the pieces work together so actually engineering looked at how this property ties together. There was a question on the Bongaard property, which is on this side, how that would be served. There’s a barn over here. Continuation of this temporary cul-de-sac. How that would serve. There is a barn there. Until such time that that property is subdivide, that would stay the way it is. The house could stay. It’d be a similar subdivision more than likely. The barn would probably go away so that was one of the things we looked at. It does meet all the lot width requirements. Again this kind of a new model that we’ll be looking at. You saw the zone changes tonight. Included in your packet are the home plans itself. That’s the direction we’re moving in looking at some of these issues regarding configuration of home size on the lot. So the builder has, developer has supplied home plans. Specifically some of the smallest lots to show that they can meet the standard requirements because we do have a 90 foot frontage. Some of the developers now are moving up to actually 74 feet lot size so if you have 10 foot on either side, it’d be difficult to make that, so they’ve demonstrated they can meet all the requirements for their home placement plan. So the one issue we really struggled with was the retaining wall in and of itself. You can see along this red line, it might be a little hard to see but there’s a retaining wall that goes up to 11 feet and back down. It’s the only way that really this property can be subdivided. Some of the pieces that are left in the city as you know are the more challenging ones with some rolling topography that adds a lot of interest but also require some retaining walls. This retaining wall, the eastern side was actually reduced quite a bit so we worked with the developer to revise and reduce a lot of the retaining walls and their locations on the subject site itself. One of the other issues, there’s a drainage problem ongoing for this property. There’s a large drainage area that this will encompass. You can keep zooming. We’re in this area. Here’s Osprey through here. This is that larger drainage area that we’ll be picking up, so the city had initiated through storm water management to do a ponding project, so we’re partnering, because this pond serving this development will actually pick up a greater area than the subdivision itself. So the developer will be compensating the city for his portion of the drainage but we’re also oversizing the pond and then when the other developments come in they’ll pay for that oversizing, so that pond will be built to accommodate the rest of the development, and it’s also picking up some of the drainage that’s coming currently off of Osprey Lane. There will be no park and trail dedication. There will be fees taken at this time. Again the one issue with the street, there’s existing 50 foot streets so we’re making a transition between the Shenandoah plat and that vacation review. The new subdivision will accommodate the temporary pond will go away because we’re creating a new pond. Again the vacation of existing right-of-way, we’re making a transition between one end of 50 and 60, blending that and there’s an existing utility. Again those are no longer needed and they’ll be incorporated in the new plat so we need to vacate that and that’s the portion you’ll be holding the public hearing on. With that, the developer has responded to the staff in writing. We’re working just trying to resolve some of the issues in good faith. With that, made significant changes from when it came in. Looking at the gas line. Accommodating that. Trying to get the setback. That is accommodated the new 20 foot so working through all those issues, reducing the grading. Tree preservation and reduction of retaining walls so we have, they City Council Meeting – January 9, 2006 10 have sent us a letter as of last week and so noted, we’re moving in the direction. We’d like to keep the conditions in there as tracking so when they come back for final plat those don’t fall through the cracks, so with that we are recommending approval and then I guess at this point I’d ask you to open the public hearing regarding the vacation of the easements. With that I’d be happy to answer any questions that you have. Mayor Furlong: Okay. Why don’t we go ahead and open the public hearing regarding the vacation of the easements based upon the staff report, and then we may get back to other issues regarding the rezoning request and subdivision of preliminary plat. So at this time, without objection I will open the public hearing with regarding to the issue so say with the vacation of the existing easements across the property as outlined in item 4(a) in our agenda. Anybody, any interested party please come forward to the podium and state your name and address. Mark Edman: Good evening members of the council. My name is Mark Edman. My address is 1572 Bluebill Trail. I actually back up to the pond or the drainage area you’re talking about, and I guess I just want a little bit more clarification as to actually what is happening to that area and a little more I guess clarification as to is it getting larger? Is it getting smaller? Is it moving? Just kind of a little bit more from that standpoint. Also just as a note, the meeting that happened on the 6th, I got some kind of notice that said that meeting had been cancelled so I just, from that standpoint I don’t know what happened but there was some confusion there as to whether or not that meeting was going on. So not that it really would have made that much difference but I wish I would have known because I didn’t know that meeting was actually happening. So anyway, but if you could clarify the drainage for me. Kate Aanenson: Sure. I believe Lori has spoken to you too? Mark Edman: No. Not me. Kate Aanenson: Okay. I think to one or two of the neighbors. I’ll let Paul interject too if he has some additional comments or even Todd Hoffman regarding the parks. There is a trail that exists that’s going through that. Part of this is park property, so again as I indicated the City’s working with an engineering firm to design ponding to accommodate runoff that’s oversized, kind of an oversized pipe running through and causing erosion on Mr. Goers property so this will accommodate that, plus the Bongaard property so we’re servicing a larger area which is the city’s goal. So it’s a 3 cell pond. There will be some vegetation that needs to be removed but this is the location. I know that was a concern of some of the neighbors that some of the trees will have to be removed. And it’s Todd’s goal also to try to, I believe try to tie up a trail through that to get access to the park in and of itself. But so there will be a deeper, bigger pond to accommodate that. Mark Edman: More space? Is it going to be larger or is it just going to be deeper? Kate Aanenson: Mostly deeper. You want to come up here and point to it Todd. Mark Edman: That’s the new one. City Council Meeting – January 9, 2006 11 Todd Hoffman: This pond will be enlarged here to the west. To this bow right here. The trees that are currently out there on the hole or in the berm right now are primarily going to go. Kate Aanenson: They have to go, yep. Todd Hoffman: They should not be there in the first place on that embankment, and then we’re having a third trail connection put in off of the new road at this location. We have our trail connection to the park off of Bluebill. We currently have a connection off of Mallard Court. In the future we’ll be working with the residents to connect all three of those with an asphalt trail to the base of the sliding hill to provide some more convenient access throughout the park system. Mark Edman: Okay, so the trees you’re talking about, only the ones that are right along there. Kate Aanenson: Correct. Those will probably be removed with that. And part of that issue is too, is we need to get in to maintain that so. That pond. And one of the other issues that was brought up regarding vegetation was the sliding hill. Slowing people down as they move towards the backs of those lots. Looking at some of those issues too. Mayor Furlong: Does that answer your question? Mark Edman: I guess. Mayor Furlong: This is a public hearing. Interested parties, please come forward if you’d like to the podium. State your name and address please. Craig Renir: Hello, I’m Craig Renir. I live on Flamingo Drive. I actually live straight down on the other side of the pond. Right in here. I’m wondering, why do the berm and the trees need to be removed? What are the advantages of that? Because I’d like to keep the berm there as a visual barrier until they redevelop and… And also it brings in those squirrels and birds and things into the area. And why would it have to be removed I guess. What are the advantages for removing a berm and trees? Mayor Furlong: Okay. It’s a fair question. Would staff like to? Kate Aanenson: If we could save it and make the functionality work, we would but really to get the desired, you have to meet certain standards as far as slope and depth and to get it on that site, it’s the only way it can be done. Craig Renir: I was wondering, I don’t know if they can zoom on this. I guess we have the same out here. Kate Aanenson: Correct. Craig Renir: And here they actually, well you were saying they were moving this pond… Kate Aanenson: It’s a temporary. That’s correct. The temporary will go, right. City Council Meeting – January 9, 2006 12 Craig Renir: And they’ll be building a new pond. Kate Aanenson: Correct. Right now what’s being done there right now is inadequate. We have horrible erosion problems through that property. It’s inadequate. So again, we’re serving a much larger. Part of this is picking up Lake Susan Hills. Part will pick up Bongaard’s as it’s eroding now and then this development itself, so again it’s serving a regional area. That’s why it needs to be so big. Craig Renir: How about you say you’re moving a pond here at the end, a temporary pond as well as a new one. Kate Aanenson: That temporary pond is inadequate in size and capacity. Craig Renir: Well I understand but where is the new pond going to be? This pond is already here. Kate Aanenson: Yeah, it’s going to be reshaped. Craig Renir: Okay… Kate Aanenson: Correct, and then there’ll be two other ones that go there, yeah. Todd Hoffman: And one will go down here. Craig Renir: This pond is here. Todd Hoffman: That’s here. That’s here. This is the new one that’s going to be built. These two will be reshaped and enlarged. Craig Renir: Do you have a topographical map or an aerial? Kate Aanenson: That’s what this is. Craig Renir: Yeah the aerial map, this is the flood zone already. All this area. And why wouldn’t you not build the new pond to an area that’s already lower and a flood zone now? See actually there’s a break…pond here reaches this corner and this is all low land. Every spring this all floods the way it is and then carries down the creek… Kate Aanenson: We’ll take a look at it. Craig Renir: I’m just wondering if you put the wall here, a berm and put an additional pond here. Kate Aanenson: …it’s very complex as far as… Right, that’s what we’re trying to solve. There’s an existing pond there. We’ll look at it. City Council Meeting – January 9, 2006 13 Craig Renir: But a lot of, I don’t know, the berm is something I think we can talk to, I know you need a. I also understood the pond’s over 6 feet deep. Is that true? Kate Aanenson: Right. Craig Renir: This pond, they’re saying to go deeper with it. I believe the pond here is 6 feet… Kate Aanenson: Well, it’s also the integrity of that pond isn’t functioning as it should be either so. Craig Renir: Well actually the house, we have 3 pipes coming into it now and one leading out. Todd Hoffman: The outlet structure’s failed on that, isn’t it? Kate Aanenson: Correct. Todd Hoffman: Yeah. Kate Aanenson: If you look at what’s going, I don’t want to get really technical but if you look at what’s going through right now, it’s about 100 cubic feet per second. We’re trying to reduce that down to like 99, so we’re reducing the volume so you need more capacity to make the pond as big as we can on that site so that’s the goal. And we’re working with the consultant. I believe Lori has walked it, physically looked at the best we can. We certainly can revisit that and. Mayor Furlong: In terms of the design and. Kate Aanenson: Correct. Correct. Todd Gerhardt: Mayor if I could step in here. I think we should probably look at the overall development itself and as it relates to the ponding, I think we should sit down with the neighborhood and talk about some alternatives and discuss the overall construction of these. I think we had some informational meetings and unless they’ve messed up on our notice or something there and sit down with the neighborhood so they feel comfortable what’s going on there. But if, I think we can do that in the next couple of weeks and get the feedback and bring the pond section back to the council. But there definitely needs to be some more communication done here. Craig Renir: Well one thing I noticed that, and I don’t know if you walked it or not but, where the outlet is for the pond, there’s actually one of the sheet of rock, the paper they use for settling the retention in construction over the outlet. Which greatly reduces flow so we do have a high flow of water coming into it. It just goes over the berm without the pipe. I guess those are all that point or issues with this pond… City Council Meeting – January 9, 2006 14 Kate Aanenson: It takes too much water too quickly. It doesn’t hold it back. That’s part of the goal of the storm water management is to hold it on site so it doesn’t have the velocity of causing that erosion as it goes to the site. Todd Gerhardt: You’re not seeing the erosion around the pond. The erosion is occurring farther down where the tree section is. Is where you’re seeing the erosion occur. And the reason that the erosion is occurring down there is that, as Kate has mentioned, it’s taking so much water out of there. There needs to be a new outlet installed. Craig Renir: Okay. Well another thing, issue here too is this drain tile running down this property line. Which has been washed out. Todd Gerhardt: Yes, and I was out on the site. I saw it. The pipe separated and you’ve got erosion going there. That’s another problem but if that pipe was still connected, the outlet of the pipe further down into the woods, if you go to the southerly of the Goers property, you had extensive erosion problem down there that we spent several weeks of trucking debris out of there. Kate Aanenson: We cleaned up the site once this summer. Craig Renir: I was just wondering if another, over the berm we put another retention pond there and then had it to a level where the excess would be piped out across the whole area even the bottom of the park, …gully there even. Instead of just making a larger pipe through there. Todd Gerhardt: Could be an option. Like I said, I think we need to sit down with you to kind of explain how they came up with this design and then, you know if you’ve got some other suggestions I think we’ll listen to you and see if they can incorporate them. And definitely if we’re going to lose trees in this area, I’ve walked the area, maybe we can go back in and re- landscape some of those areas that we’re losing some trees. Craig Renir: I mean I realize the trees right now are small. Todd Gerhardt: Yeah, they’re ash or. Craig Renir: Well they grow in the flood zone, that’s why. Todd Gerhardt: Yep, they like water. Craig Renir: …is what’s going to happen to the bottom of the area that…farmed? Todd Gerhardt: Yeah, I think we’re planning on going in there and revegetating that area. Closer to where the pipe blew out. Put some longer prairie grasses in that area. Craig Renir: I was just wondering if it was just going to become you know mowed parkland again. City Council Meeting – January 9, 2006 15 Todd Gerhardt: No. Todd Hoffman: Majority will be planted in long grass prairie. There will be just a small, little eyebrow that will be green grass at the bottom of the hill, and then beyond that, the majority of that will be long grass prairie. Craig Renir: Okay. Well I appreciate it, thank you. Mayor Furlong: Okay, thank you. Todd Gerhardt: If we could get both of your name and number and we’ll sit down with you or any of your neighbors that are concerned and talk about the pond construction. Craig Renir: Okay, thank you very much. Mayor Furlong: Thank you. Anybody else that would like to comment during the public hearing with regard to the proposed vacation of the easements? I see a few people wiggling. Chris Amack: Good evening. I’m Chris Amack at 8633 Alisa Court and I’m actually pretty excited about it. I don’t know a whole lot but again I missed the meeting. I was going to go but I also got an announcement something was cancelled so I don’t know if it was my fault or what it was but, this backs right up into my property. My property’s right here. I guess my biggest concern would be the erosion. Absolutely right. It’s very severe. I’ve got a retaining wall and some landscaping that’s been done and it’s, that whole lower level I can’t even put grass in basically. It’s when it rains it’s, you’re basically not walking back there for you know a good week and a half. So as we look at putting a house down there, is there, are we going to elevate the land and if so, what happens to that water? Does it come back onto mine. Mayor Furlong: That’s a fair question. Kate Aanenson: It should positively flow back towards the street. Towards the catch basin there. I don’t have the elevation but we can check with him on that information. Mayor Furlong: Okay. Kate Aanenson: It’s sheet flowing to the catch basin in the street. I don’t have the sheet, do you want to look at that Paul? Paul Oehme: Sure. Mayor Furlong: So that will get graded? Kate Aanenson: Yeah, there’s a catch basin out in the street so it’s sheet flowing towards. Mayor Furlong: With the grading that will, with the grading of those lots. City Council Meeting – January 9, 2006 16 Kate Aanenson: Correct. Mayor Furlong: Okay. Alright. Anyone else who would like to speak at the public hearing, please come forward. Okay, seeing nobody. Is there a motion to close the public hearing. Councilman Lundquist moved, Councilwoman Tjornhom seconded to close the public hearing. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The public hearing was closed. Mayor Furlong: Let’s move on now. With regard to, there obviously are some issues that were raised here this evening by the residents that we need to address. Mr. Gerhardt, I agree with your idea. Is that, I didn’t hear necessarily objections to the vacation. It was where’s the water going to go? Obviously we need to come up with a good design there based upon a variety of factors. So does that preclude us given that, again maybe this is a question for Mr. Knutson. The motion on the vacation was conditioned upon the final plat of this development so if we act tonight on that vacation, if that’s a desire, do we need to wait for the pond to be redesigned I guess is my question, if there is any more design needed. Or bring just that issue back? I’m sorry. Kate Aanenson: I believe the pond. Mayor Furlong: It is conditioned upon approval of the final plat so nothing’s going to happen until these are all in place. Kate Aanenson: …if I can just jump in but I guess what we would recommend, if it’s okay with the council, before it comes back for final plat that we have the neighborhood meeting and we would commit to do that. …make it a condition… Mayor Furlong: I think we can do that sooner rather than later. Yeah, there were some good issues raised and I think we need to get that information discussed and, as well. So okay. Roger Knutson: But as far as adopting a resolution of the vacation as presented, I don’t see any issues in delaying that unless staff does. Mayor Furlong: Because of the condition that it’s contingent upon final plat. Roger Knutson: Right. Final plat. No final plat. No vacation. Mayor Furlong: Okay. Todd Gerhardt: And if we need a different easement, we can address that on the final plat. Mayor Furlong: Between preliminary and final. If that’s where it goes. Now there may be other reasons that we want to pull. Kate Aanenson: Just for the edification of those people that are concerned, it is condition 29 that was added and that talked about the regional pond. Again we’re doing a regional pond. We’re City Council Meeting – January 9, 2006 17 designing it because it’s going to serve more than this. As I indicated before the developer is responsible for their portion that they’re contributing to it and then as the rest of the development goes in, but then we can just add something on that number 29. That neighborhood meeting be held prior to final plat regarding the pond. If that makes sense. Mayor Furlong: And perhaps you raise, besides a neighborhood meeting, there may be additional activities that take place prior to that design as well. So the conditions provide protection as well of this design. Okay. Let’s bring it back then. Is there additional, Ms. Aanenson is there anything additional that you want to present with regard to the overall project? The rezoning or the. Kate Aanenson: Not at this time. Mayor Furlong: Okay. Alright. Are there any questions for staff at this time with regard to this project? Councilwoman Tjornhom: I have some. Mayor Furlong: Councilwoman Tjornhom. Councilwoman Tjornhom: This is for Kate. If you go back to the map and the temporary cul- de-sac. Temporary means obviously it will be used someday for another development, is that correct? Kate Aanenson: That’s correct. Councilwoman Tjornhom: And with that development, would that entrance, would they use the same entrance that this development is using? Kate Aanenson: Yeah, we actually…it is a condition on there. That that cul-de-sac be extended I the future. Councilwoman Tjornhom: I’ve been here once too many times. Kate Aanenson: …but this would tie back across, tie back across so we would put that in over to serve the Bongaard property if and when that developed, but we have to provide them adequate access. If you look at the topography of this property, this area, this is north here. If you can zoom in on this. It’s a little hard to read but it’s very challenging topography. This area down here really it’s in the Bluff Creek Overlay. The southern part of the Goers property. You’ve got the ravine that we talked about with the erosion as it goes through there. So really you can’t subdivide this bottom part soil types so you really have to take the development and bring it back over, tie it back in Audubon. So as part of what we do as planners, we have to provide access. We can’t landlock somebody so we always sit down and work through those issues, so we’ve looked at a way to provide access to the property to the west. Councilwoman Tjornhom: Okay. City Council Meeting – January 9, 2006 18 Mayor Furlong: And I guess that access point, one is the southern point of this new road that’s being developed and the other is. Kate Aanenson: Alisa Lane. Mayor Furlong: What’s the name of that road? Kate Aanenson: Alisa. Alisa Lane… Mayor Furlong: …so you’d have to loop around. Any other questions? Any questions from others? Ms. Aanenson, on the southern portion of this property, down closer to Lyman, is anything being done at this time? Kate Aanenson: No. Actually it’s, the Goers will keep that house there. It does have access via Lyman. Because of the topography and the grades, it’d be difficult to further subdivide that. Again as a part of that it’s adjacent. The parcel next to it is right in the Bluff Creek Overlay District so. Mayor Furlong: Okay. Nothing at this time. Thank you. Any other questions for staff? Is the applicant here? Is there any issues that you’d like to address to the council as well? Brent Hislop: Good evening. My name is Brent Hislop with Plowshares Development. Mayor Furlong: Good evening. Brent Hislop: I think Kate’s explained the key items. As you have discussion I’d be glad to answer specific questions or one of our engineers will. No comments at this time. Mayor Furlong: Okay. Thank you. Any questions for the applicant? Okay. I’ll bring it back to council for discussion. Any discussion on this? On any or all of these 3 items. Councilman Lundquist: Mr. Mayor, just to comment on the pond. Seems to be the concern so need to get that. As far as Kate, when you’re talking about a condition of approval, I don’t know that, because this is a regional pond and the developer will do their piece and we’ll do our piece. I guess if we added as a condition that will inspire the developer to keep pushing us but I’m not sure that’s necessarily the right spot. Not really the developer’s issue. I mean it’s really a city issue, not a developer issue so I’m not sure that I would favor adding that as a condition but somehow I guess, since we’re on the record that just make sure that that gets done and obviously the developer will participate in that discussion but not really in favor of adding that as a condition of approval of the plat and burden them with that. Mayor Furlong: Help me understand with regard to creating a pond down there? Councilman Lundquist: Well it’s a regional pond so it’s not, I mean it’s more than Stonefield development so, adding that condition that the developer puts that neighborhood meetings City Council Meeting – January 9, 2006 19 together and runs that and does all that is really more of a city, because it’s a regional pond, that’s more of a Paul and Kate thing and Lori than a Plowshares. Mayor Furlong: But the issue of creating ponding for stormwater management for this development is there, as well as creating a regional pond. Councilman Lundquist: Correct. Mayor Furlong: It gives the opportunity to do that. But in terms of the process of talking to the neighbors, making sure issues are addressed on the regional component of it. Councilman Lundquist: Yep, that’s a city responsibility. Mayor Furlong: And the city can facilitate that and get that done. As well as. Kate Aanenson: Yeah but it’s all the regional problem. Mayor Furlong: Right. Kate Aanenson: So far, yeah. So in that sense we said, you have to provide ponding. We were ahead of this. We recognized when we had our super event that we had, as it’s already been discussed tonight, a blow out in some drain tile and some severe erosion down there, so we were already being proactive and doing some design work up there, so we’re making it bigger, so you’re right. It’s not all their burden. We’re putting a majority of that over sizing on our property but we have design constraints. We certainly want to educate the residents…design and see if there’s minor modifications as the City Manager’s indicated and if there’s landscaping that we can do to enhance that. Mitigate that, we certainly want to get that input. Whether you put it in here a condition or not, we’ve committed to do that so. Todd Gerhardt: Mr. Mayor, council members. The role that the developer would play on this is where exactly those future drainage and utility easements are going to go. They’re kind of the front person in establishing those and we’ve got to make sure where we need them. Where they work. Don’t impact their development so they’re a party to this and so they’re kind of the one that we have to vacate the old easements and establish the new ones. Probably on a portion of your property, or Plowshares development, and some on our’s so, that’s the role that I see Plowshares playing in this. And that we would coordinate with the neighborhoods. Bring them into City Hall and explain how the construction of the ponds would be done. What would happen to the berm. What the landscaping plan would look like, probably after the ponds are constructed. That’s how I view the next 2 weeks to occur. Mayor Furlong: I think, and since we’re talking about the pond, Councilman Lundquist brought it up. Condition 29 talks about an alternative if the pond is not built. Clearly it’s the objective here to build a regional pond, is that correct? Kate Aanenson: That’s correct, that’s our goal to solve a problem. Right. City Council Meeting – January 9, 2006 20 Mayor Furlong: Okay. Alright. Kate Aanenson: Again our policy has been to go where we have those opportunities to get the best use of our dollars and this is an opportunity. A majority of our property of a developer that’s coming forward can expand the project and solve the problem. A bigger problem. Regional policy. Mayor Furlong: Okay. Councilman Lundquist: My point, I think we’re going, it’s the right thing to do. We need to get it done. My point was that I want city staff to drive that process and lead that process with obviously the developer participating a significant amount, but not that they take a lead on that. That we take a lead on that. Mayor Furlong: That’s fine. Okay. Any other thoughts or discussions on the proposed rezoning or subdivision? Councilman Lundquist, no? Councilman Lundquist: No. Mayor Furlong: Anything? Councilman Peterson: Nor do I. Councilwoman Tjornhom: No. Councilman Labatt: Kate a couple questions on the location of that pipeline. I’m trying to look at this cross section on the grading. Kate Aanenson: Actually the pipeline comes, oops we’re not on. So again this is north. Osprey. This is the street. This is the pipeline coming through. Through here, so the one lot that would be most impacted, we actually had them show a house plan that would fit on that lot. So that would be the lot with the additional 20 foot setback. Councilman Labatt: And where is that lot on the big plan? Kate Aanenson: It’s Lot 4. Councilman Labatt: Right there, okay. So that house is just pushed to the north. Kate Aanenson: Actually the orientation would be this way so, it’s this lot. So they met that new standard. Councilman Labatt: Okay. And the depth of that pipeline. Kate Aanenson: This one. This is Lot 4, Block 1. Oh I’m sorry. It’s this lot. So this is the pipeline though right through here. City Council Meeting – January 9, 2006 21 Councilman Labatt: Okay. And what’s the current depth right now of that pipeline? Kate Aanenson: Is it 4 ½? Gas pipeline. Brent Hislop: Depth of the pipe? Kate Aanenson: Correct. Brent Hislop: About 3 to 4 feet. Kate Aanenson: About 3 to 4 feet, yep. It’s pretty shallow. Councilman Labatt: And after the grading’s done, the proposed grade…is put in there, it will actually be a little deeper. Curtis Neft: The maximum allowed is 8 feet deep. And that’s where we’re at… Kate Aanenson: So that’d be the highest point of the hill at the top. Councilman Labatt: So between the road and the pipeline, it will be 8 feet? Curtis Neft: Correct. Kate Aanenson: And there’s less grading as you get towards the end. Councilman Labatt: Okay, that’s all I had. Just wanted. Mayor Furlong: Thank you. Well I think my comments overall, I think it’s a good project and it’s one again where I think the city staff and the developer have worked well together to come up, to address some problems that exist. Try to make improvements. Use this as an opportunity. Also plan for the development of the properties around it in terms of being able to extend this street and loop it back around. And also deal with a number of issues surrounding our park and the other neighborhoods, so overall I think it’s a good project and congratulate everybody that works on it. Clearly there’s some more information to be shared and ideas to be discussed with regard to that pond and I’m glad that we’ll be taking care of that over the next few weeks as well to get that done so. If there are any other comments or discussion points? If not, we have three items here. I don’t know that we need to separate those for any reason so if there’s a desire to keep them together in the form of a motion, we can certainly, I would certainly entertain that at this time. If somebody would like to make a motion. I think they’re in order. Councilman Lundquist: There’s two. The third one. Mayor Furlong: The third one is item (a) which is the vacation. City Council Meeting – January 9, 2006 22 Councilman Peterson: We can make the motion relevant to what is submitted in the staff report and that might be the most prudent way to go through it. I’d certainly offer that as a motion. Mayor Furlong: Okay. That’d be items 4(a) and (b) within the staff report, including all the conditions there. Councilman Lundquist: 1 through 29. Councilman Peterson: Yeah. Councilman Lundquist: Second. Roger Knutson: (a), (b) and (c)? Councilman Peterson: Yes. Mayor Furlong: (a), (b) and (c). Okay. That motion is made and seconded. Is there any discussion or questions on the motion? Seeing none we’ll proceed with the vote. Resolution #2006-04: Councilman Peterson moved, Councilman Lundquist seconded to approve a resolution vacating the existing storm water ponding easement, street, drainage and utility easement and drainage and utility easement as defined on the attached vacation description and contingent upon City Council approval of the final plat. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Councilman Peterson moved, Councilman Lundquist seconded to approve Planning Case #05-37 for Rezoning from Agricultural Estate District, A2 to Single Family Residential for the Stonefield Subdivision as shown on plans stamped “Received November 18, 2005”. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Councilman Peterson moved, Councilman Lundquist seconded to approve to approve the preliminary plat for Subdivision Case #05-37 for Stonefield for 30 lots and 1 outlot with a right-of-way width variance, as shown on the plans stamped ‘Received November 18, 2005’, subject to the following conditions: 1. The applicant will be required to meet the existing site runoff rates for 10-year and 100-year, 24-hour storm events. The proposed enlargement of the existing stormwater pond must be designed to meet the City’s minimum standards and coordinated and approved by the City Water Resources Coordinator. 2. The storm sewer must be designed for a 10-year, 24-hour storm event. Storm sewer sizing calculations and a full-size drainage map must be submitted with the final plat for staff review and approval. 3. Drainage and utility easements must be dedicated on the final plat over the public storm drainage system including ponds, drainage swales, and wetlands up to the 100-year flood City Council Meeting – January 9, 2006 23 level. 4. Staff recommends that Type II silt fence, which is a heavy duty fence, be used adjacent to the existing wetland, existing creek area, and around the proposed pond. In addition, tree preservation fencing must be installed at the limits of tree removal. Erosion control blankets are recommended for all of the steep 3:1 slopes with an elevation change of eight feet or more. 5. All plans must be signed by a registered Civil Engineer in the State of Minnesota. 6. Permits from the appropriate regulatory agencies will have to be obtained, including but not limited to the MPCA, NPDES, Watershed District, MN Department of Health, Carver County and the Williams Pipe Line Company. 7. The developer must obtain written permission from the Williams Pipe Line Company to perform the proposed grading within the easement. The developer is responsible for complying with all conditions of the Williams Pipe Line Company and assumes full responsibility for work performed within this easement. 8. On the utility plan: a. Show all the proposed storm sewer pipe type, size and class. b. Show the sanitary sewer pipe slope and class. c. Show watermain pipe class (C900). d. Add a storm sewer schedule. e. Show the existing storm sewer between Lots 1 & 2, Block 1 within the center of the 20- foot utility easement. f. Show the stormwater manholes rim and invert elevations. g. Add a note to remove the temporary pond outlet control structure. h. The last street-accessible storm manhole discharging to the stormwater pond must be manhole with sump. i. Add a note: any connection to an existing structure must be core drilled. j. Extend the storm sewer farther to the south along the proposed street. k. Remove Lots 7 and 8 backyard storm sewer and add a storm sewer along the property line between Lots 4 and 5 and between Lots 8 and 9 block 4. 9. On the grading plan: a. Show Type II silt fence adjacent to wetland, pond, creeks, etc. b. Show the benchmark used for the site survey. c. Use class 5 storm sewer in the roadway; revise the note under general grading and drainage notes accordingly. d. Extend the swale between Lots 1 and 2, Block 4 farther to the east. 10. Any retaining wall over four feet in height must be designed by a registered civil engineer and a permit from the City's Building Department must be obtained. In addition, City Council Meeting – January 9, 2006 24 encroachment agreements will be required for any retaining wall within a public easement. 11. The underlying property has not been assessed for sewer or water improvements. The 2005 trunk hookup charge is $1,458.00 per unit for sanitary sewer and $2,955.00 per unit for watermain and the SAC fee is $1,525.00 per unit. All of these charges are based on the number of SAC units assigned by the Metropolitan Council. Sanitary sewer and watermain hookup fees will be specially assessed against the parcel at the time of building permit issuance. 12. All disturbed areas must be seeded and mulched or sodded immediately after grading to minimize erosion. 13. Any off-site grading will require an easement from the appropriate property owner. 14. If importing or exporting material for development of the site is necessary, the applicant will be required to supply the City with detailed haul routes. 15. The developer is responsible for 100% of the cost and construction of the lift station and forcemain and any associated costs. 16. All of the utility improvements are required to be constructed in accordance with the City’s latest edition of Standard Specifications and Detail Plates. The applicant is also required to enter into a development contract with the City and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. 17. Add a “dead-end road” sign at the cul-de-sac. 18. On the plat, show all existing and proposed street names. 19. Add City Detail Plate Nos. 1001, 1002, 1004, 1005, 1006, 1009, 2001, 2101, 2109, 2110, 2201, 2204, 3101, 3102, 3104, 3106, 3107, 3108, 3109, 5200, 5203, 5204, 5206, 5214, 5215, 5216, 5217, 5221, 5232, 5234, 5240, 5241, 5300, 5301, 5302, 5302A and 5313. 20. Show the street lights and a stop sign on the plans. 21. Submit public utility plans and profile for staff review. 22. City Forester’s Conditions: a. A minimum of two overstory trees shall be required in the front yard of each lot. b. The developer shall be responsible for installing all landscape materials proposed in rear and side yard areas. City Council Meeting – January 9, 2006 25 c. Tree preservation fence shall be installed at the edge of the grading limits prior to any construction. d. Tree preservation on site shall be according to tree preservation plans dated 10/14/05. Any trees removed in excess of proposed tree preservation plans will be replaced at a ratio of 2:1 diameter inches. 23. In the absence of parkland dedication, it is recommended that Stonefield pay full park dedication fees at the rate in force upon final platting. At today’s rate, these fees would total $120,000 (30 lots x $4,000). Additionally, the applicant is required to construct the neighborhood asphalt trail connector to the property line as depicted on their preliminary plan submittals. 24. Water Resource Coordinator’s Conditions: a. A wetland buffer 16.5 to 20 feet in width (with a minimum average of 16.5 feet) shall be maintained around Wetland D. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City’s wetland ordinance. The applicant shall install wetland buffer edge signs, under the direction of City staff, before construction begins and shall pay the City $20 per sign. b. All structures shall maintain a setback of at least 40 feet from the wetland buffer edge. c. The applicant shall work with the City’s consultant to accommodate regional and site- specific storm water needs. d. The approximate location and extent of drain tile shall be shown on the plans. The applicant shall provide details as to whether the tile line will be removed, abandoned in place or remain. If the tile is to remain, the flow from the tile shall be accommodated in the design of the storm water management plan. e. The applicant shall provide rate control and storm water treatment to reduce off-site impacts. To provide a low-gradient means for controlling rate and volume, the applicant shall consider cooperating with the City to construct a wetland in the rear portions of any number of Lots 1-8, Block 3. In the event that the applicant is interested in pursuing wetland construction for banking purposes, this planning shall be integrated with the City’s consultant’s storm water infrastructure planning. f. Drainage and utility easements (minimum 20 feet in width) shall be provided over all existing wetlands, storm water infrastructure and storm water ponds. g. The developer asserts that, due to the steep grade in the southern portion of the property, custom grading would not save any additional trees. In addition, the developer maintains that the slope of the road and the location of the retaining wall make custom grading lots impractical. If the developer demonstrates to the satisfaction of staff that custom grading City Council Meeting – January 9, 2006 26 for their typical house pad would not result in additional significant tree preservation, mass grading of this area may be approved. h. The existing outlet structure of Pond A shall be removed and replaced in accordance with the City’s standard detail. A stable emergency overflow (EOF) shall be provided for the pond. i. The portion of the silt fence that runs from the pipeline easement through Lot 7, Block 3 shall be moved upslope to the west by 30 to 60 feet to more clearly define the grading limits. The area of property between the silt fence and the gully and property line shall be seeded and mulched to control weeds and get a desirable cover crop in areas that were recently farmed. j. A temporary basin shall be constructed in the vicinity of Lots 6 and 7, Block 3. The temporary sediment basin shall be installed prior to disturbing upslope area. A temporary perforated riser and stable emergency overflow (EOF) for the basin shall be installed; details shall be included in the plan. The basin shall be properly sized for the watershed area, according to NPDES requirements (i.e. The basins must provide storage below the outlet pipe for a calculated volume of runoff from a 2-year, 24-hour storm from each acre drained to the basin, except that in no case shall the basin provide less than 1,800 cubic feet of storage below the outlet pipe from each acre drained to the basin). k. Chanhassen Type 2 silt fence shall be provided for the perimeter of the site up to Lot 10, Block 3. From there, Type 1 may be used. Silt fence shall be shown on the plans around Lots 1 and 2, Block 1. l. Curbside inlet controls are needed; Wimco type or ESS type (or approved similar protection) inlet controls shall be used. Curbside inlet protection shall be provided for existing inlets adjacent to the site exit on Osprey Lane. City standard inlet protection details 5302 and 5302A shall be included in the plans. The proposed rear yard catch basin protection shall be revised; Wimco type, ESS type or equal must be used. The proposed silt fence shall be installed with additional rock around Chanhassen type 1 silt fence. m. The plans shall be revised to show energy dissipation for the flared end section on Lot 7, Block 3. n. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Type of Slope Time (Maximum time an area can Steeper than 3:1 7 days remain open when the area 10:1 to 3:1 14 days is not actively being worked.) Flatter than 10:1 21 days City Council Meeting – January 9, 2006 27 These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. o. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as-needed. p. In order to fund the maintenance and expansion of the BC-P4.10 storm water pond and construction of additional capacity, the costs will be allocated among the benefiting properties. The total cost of materials and construction will be divided by the number of acres in the resulting subwatershed. The City will be responsible for the acres contributing from land already developed, park land and land to be developed in the future (e.g., the Bongaard parcel). The developer will be responsible for the acres contributing from their development. If, for any reason, the regional storm water facility is not constructed, the developer will be responsible for providing storm water quality and quantity management on the subject property and paying Surface Water Management connection charges in accordance with City Code. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $65,364. q. In conjunction with the BC-P4.10 storm water ponding project, land in addition to the land shown in Outlot A may be required. At this time, the estimated amount of land is approximately 0.5 acres. The developer and the City will seek to agree upon the terms of the use of land for ponding should additional land be required. The developer, if required, shall provide additional land for ponding. 25. Fire Marshall Conditions: a. No burning permits will be issued for trees to be removed. Trees and shrubs must be either removed from site or chipped. b. Fire apparatus access roads and water supply for fire protection is required to be installed. Such protection shall be installed and made serviceable prior to and during the time of construction except when approved alternate methods of protection are provided. A fire apparatus access road shall be designed and maintained to support the imposed load of fire apparatus and shall be serviced so as to provide all weather driving capabilities. Pursuant to Minnesota Fire Code Section 503.2.3. c. Temporary street signs shall be installed on street intersections once construction of the new roadway allows passage of vehicles. Pursuant to 2002 Minnesota Fire Code Section 501.4. d. A 10-foot clear space must be maintained around fire hydrants, i.e., street lamps, trees, shrubs, bushes, Xcel Energy, Qwest, cable TV and transformer boxes. This is to ensure City Council Meeting – January 9, 2006 28 that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1. e. Fire hydrant spacing is acceptable. f. Submit proposed street names to Chanhassen Building Official and Chanhassen Fire Marshal for review and approval. 26. Building Official Conditions: a. A final grading plan and soils report must be submitted to the Inspections Division before building permits will be issued. b. Demolition permits must be obtained prior to demolishing any structures on the site. c. The developer must submit a list of proposed street names for review and approval prior to final plat of the property. d. Retaining walls more than four feet high must be designed by a professional engineer and a building permit must be obtained prior to construction. e. Separate sewer and water services must be provided each lot. f. Existing wells and on-site sewage treatment systems on the site must be abandoned in accordance with State Law and City Code. 27. The retaining walls shall be maintained by a Homeowners Association. 28. The City shall not be responsible for maintenance of storm water infrastructure on Lots 7, 8, and 9, Block 3.” 29. In the event that the regional pond project is not constructed, the applicant has proposed the installation of a second outlet structure on Pond A. In that event the existing outlet structure that is failing must also be replaced. The cost of a new outlet structure to replace the existing failing structure would be borne by the City, but the replacement would be done by the applicant. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Furlong: Thank you everyone. And thank you to the residents too that came out and spoke this evening. Drainage and utility easements are often non-issues so I’m glad that people came and spoke because I think we’ll end up with a better project afterwards so thank you very much. For your involvement and interest. City Council Meeting – January 9, 2006 29 GALPIN CROSSING, NORTHWEST CORNER OF THE INTERSECTION OF HIGHWAY 5 & GALPIN BOULEVARD, RICH RAGATZ: REQUEST FOR RECONSIDERATION OF CONCEPT PUD FOR A 10 UNIT TWIN HOME PROJECT AND A 66,000 SQ. FT. OFFICE DEVELOPMENT. Roger Knutson: There’s two ways you can do it. I mean it’s one, formally until you move to reconsider there’s nothing to discuss. So if you want to have a discussion, you could. Mayor Furlong: We could have an informational discussion. Roger Knutson: You could, I think the normal way you would do it is, is ask for presentation and then ask if there’s a vote to reconsider. And you get to there, a vote to reconsider brings it back in front of you for action. Mayor Furlong: Okay. Councilman Lundquist: Do you need a 4/5 vote on reconsideration like we needed to approve? Roger Knutson: No, not to reconsider, no. To reconsider it’s a simple majority vote. The action on the main item still requires a simple majority. Mayor Furlong: Okay. Ms. Aanenson, why don’t you give us an update on the request and the applicant is here, we’ll certainly provide him time as well to address the council. Kate Aanenson: As you stated this item appeared at your last City Council meeting. The staff at that time was going for conceptual PUD. Staff recommended conceptual PUD with a couple of caveats, that the applicant, Epic Development is requesting reconsideration, specifically the reconsideration of the setback for a neighborhood business district and the number of pads, and that development not be proceed until the retail study, retail market study comes back. We have started the retail market study process. It’s our goal to have that done in April, but again the reason we did that is this property is guided residential and we have a lot of requests to build commercial and we’re very careful about the consideration of where we place that and we want to do our due diligence too and make sure that it’s appropriately located. Clearly the way it’s located we believe is some smaller kind of more typical box that we really try to discourage along the Highway 5 frontage, so we want to get additional input through the retail study on what needs may be out there and look at some of our options as far as if we were to rezone some other sites, based on traffic and those sort of things, where would those best, those sites be best suited. So with that we stand by our original recommendation of the conditions of approval. So I’d be happy to answer any questions. Mayor Furlong: Okay, any questions at this point for staff. No? Okay. Is Mr. Ragatz here this evening? Good evening. Would you like to address the council? Rich Ragatz: Yes please. Mayor Furlong: Thank you. City Council Meeting – January 9, 2006 30 Rich Ragatz: Mr. Mayor, members of the council, my name is Rich Ragatz, Epic Development, Eden Prairie, Minnesota. I was here last time and when it was tabled I ended up leaving. You guys voted on, that’s why I’d like you reconsider these three points. I guess the first one, I just think the setbacks for neighborhood business are more appropriate than what you’re looking at. 15 and 35 feet instead of the 50 and 75 feet from Highway 5 and Galpin. I think we could work things, move things around to make those other additional setbacks work if need be. Secondly the number of buildings, I think our market research is telling us that people want to have their own identity. Have smaller buildings. Their own building if possible and so we think, we hope that you’ll see the same thing. Thirdly, the market study. We just think ideally we’d like to move forward with our preliminary plat before the market study is completed. We’re looking to do office, mostly office and office service on the site and there’s been two sites that have been taken out of the office industrial zoning, the Madsen piece and the Bernardi piece and we’re only looking to rezone 8 acres versus about 200 acres that’s been taken out of that zoning designation. So we think that’s appropriate for us to get that rezoned hopefully through our preliminary plat process. If you don’t see it that way, maybe we could look at it with just the preliminary information so it doesn’t set us back several months, additional months. And just I’m here for comments. Thank you. Mayor Furlong: Okay. Thank you. I guess a question, couple questions. Being raised here. With regard to the setbacks, I’m just going back and looking at our staff report from the prior time. This was a concept PUD that was approved. Kate Aanenson: That’s correct. Mayor Furlong: So that is, is here’s what we’d like to do. Yeah, we give some feedback and look at it but ultimately when the preliminary comes forward is the issue. I’m trying to understand here or take a look for sure. What was the, under the concept plan, what was the proposed rezoning? It’s residential right now. What was it? Just a PUD-R? Kate Aanenson: PUD-R, yeah. And the use on it was neighborhood commercial, although…and actually industrial was what we were looking at. Mayor Furlong: Okay. Kate Aanenson: Just to kind of step back and typically how we’ve done rezoning, if someone comes in for a significant rezoning for example, when you did look at the Bernardi piece which is now Town and Country, you had a project in front of you. Typically to get a rezoning this city has a history of looking at a project to say, that makes sense as a use. We don’t have that. That’s again the question…to say well maybe we need to see a little bit more. We’re replacing industrial land. To us it looks very typical. We have other people look at that, that that’s really a typical retail layout so we just have some concerns about that, so if it’s going to be retail, we’d like to have a grouping. If you look, what we spent a lot of time doing on the north side of West 78th between Powers and going down to Kerber, you know we’ve really got some nice layout there. Kind of mutifying all those projects and that’s where, if were to do something like that and I think we’re just premature. City Council Meeting – January 9, 2006 31 Mayor Furlong: The issue of a number of smaller buildings versus fewer larger buildings. Is that an issue that we’ve dealt with before and give us some history there? Kate Aanenson: Well I think you know…function. You set yourself up for certain expectation of a use and that’s our concern and I think we’ve learned the history of that when we’ve had opportunities to subdivide into smaller lots or we’ve lost an opportunity to land a larger use and if we’re trying to get industrial, typically those are a little bit bigger footprint. So if it’s office, again I’m not sure who that would be because we’ve been working, we know who all the office people are looking so a lot of them, so we’re just kind of concerned about what that would be too. Again, when someone comes in on this kind of a project to look at a rezoning, typically there’s a lead. You’ve got a use that’s ready to go. I believe there is one. The rest I think may be a little bit more, we don’t know and that’s a concern. I think it’s, we have to be careful about what we’ve done to our core which is why we’ve done the retail study. Looking at that rezoning to say, if we’re going to rezone some property, where would that best be? …some other market needs. Where do we want to capture some of those? We’re careful about not doing strip along Highway 5. That’s always been our goal and I think that’s why we have what we have in the downtown so just being really careful about that decision. There’s no rush, in my opinion. Take our time and make a good decision. Mayor Furlong: I know we’ve had requests on other sites along Highway 5 for a number of smaller buildings. Multiple parcels versus sticking with larger buildings. The Steiner development where Lifetime Fitness is currently located I think was one of those where we had some, call it an opportunity if you will but a proposal to break that up into a number of smaller lots so. Okay. Councilman Peterson: And then the market study Kate, I can’t recall, when do we estimate that it’d be done again? Kate Aanenson: April 1st, yeah. So we kicked that off so we’re underway. Pretty good about that process. Mayor Furlong: Any other questions for staff on this. Any discussion or comment on the issue? Councilman Peterson: I don’t see anything that’s changed since we last voted on this so. Mayor Furlong: Yeah, I think that the council, you know I think it’s, I’m glad that we had a chance here to think about these issues but again I think based on what we’ve heard this evening, I’m comfortable with the action that we took at our last meeting. Unless there’s anyone else that would like to at this point make a motion for reconsideration. Councilman Lundquist: No. Councilwoman Tjornhom: No, I agree on waiting for the market study. I think it will be…make better decisions for the rezoning in the future. Mayor Furlong: Yeah, I think that’s, that is a, you raise a good point Councilwoman Tjornhom City Council Meeting – January 9, 2006 32 about the marketing study and the value that that’s going to have across the entire city, especially in the…like this where we are looking at rezoning and location so. Thank you. I guess with that, if there’s no motion by the council we’ll just look forward to receiving the additional information in the time that we’ve discussed and allow the approval of last meeting to stand. Okay, thank you. ORCHARD GREEN, 2611 & 2621 ORCHARD LANE, PETER KNAEBLE: REQUEST FOR SUBDIVISION REVIEW FOR 4 SINGLE FAMILY LOTS. Public Present: Name Address Steve Lynch 5225 Park Avenue Matt Pavek 7110 Plymouth Avenue No, Golden Valley John Dragseth 2600 Forest Avenue Jacqueline A. Dorsey 311 So. Water Street, Northfield Kate Aanenson: Thank you. The applicant is requesting to subdivide 2.02 acre parcel into 4 single family homes. Just so you know when it originally came in with an additional lot, the staff did work looking at house sizes and reduced it down to 4. This item did appear before the Planning Commission on December 6th to review the plat and the Planning Commission voted 5- 0 to approve the request. I believe there’s a little bit of controversy regarding dispute on the property line and why that condition was removed. It’s stated right here in the staff report, typically the city does not, because we’re not the interested party in this property line dispute, would not make that a condition of approval because in our opinion based on the amount of property in dispute, the lot, the plat would still go forward with the additional right-of-way being removed, and I’ll just show you that real quick here… If we were to lay this out the same, this is the area in red that’s in dispute. So even if that property was removed from the plat itself, the lots would still meet all the minimum requirements of the setback so if there is a dispute, and that property was to go away, you could still meet all those standards of the one part of the plat could be added administratively later so it’s really a civil matter that, so we addressed it in the cover memo. It was a Planning Commission item. Again we don’t hold up a plat for that so that’s why we moved, removed and put to the front of the agenda on the cover memo so we did address it. It wasn’t dropped. We just explained how we did that. With that I’ll just go through the plat quickly. There’s no street improvements for existing streets for the property so the 3 lots will have access via Orchard and the other one off of Forest. The average lot size is 22,000 so again kind of moving in that direction of little bit bigger lots for executive homes. There are no wetlands on the site. With this plat we’re looking at providing some additional easement for ponding in the future. There is some water issues in the area so with that we’re not putting a pond in at this time but we’re accommodating a drainage easement so in the future as we work through those issues, we can accommodate potentially a future pond, so they will be paying some ponding and quality fees through the subdivision. Again there are services in the area. Existing lots. It needs to be additional service line but that would be accommodated. Parks and trails, there is a park in the immediate vicinity so we’ll just be taking park and trail fees. There will be some tree replacement and approximately 19 trees to be replaced. All the lots do meet City Council Meeting – January 9, 2006 33 the requirements of the city ordinance as far as area, frontage, depth and impervious surface so with that it appears to be a pretty clean subdivision. We are recommending approval with the conditions in the staff report starting on page 8. Mayor Furlong: Thank you. Questions for staff. If there are any. Councilwoman Tjornhom: It looks like the area is small enough so where like the hard surface coverage and stuff, that wouldn’t affect any amount. Kate Aanenson: Yeah, that lot is, that lot itself is 26,000 square feet so there should be adequate. Councilwoman Tjornhom: Okay. Mayor Furlong: Alright. Is the applicant here this evening? Would you like to address the council on any issue? Matt Pavek: Council members, Mr. Mayor, my name is Matt Pavek with Terra Engineering. I’m one of the engineers and developers on the project and we just would like to say we concur with the staff report and available for any questions if you have any. Thank you. Mayor Furlong: Thank you. Any questions of the applicant? Thank you. Appreciate you being here. Okay, is there any? There was a public hearing conducted at the Planning Commission. And so this is not necessarily, we don’t hold the public hearing here but if there is any issue or public comment because of issues that have changed between the staff report and the Planning Commission or here, or anything else, certainly we’d like to hear that public comment as well. John Dragseth: Mayor, council members. 2600 Forest Avenue which is the property to the south. Southeast. I’m not prepared to address any substantive issues today because of the change. I first learned of this change this morning and therefore I don’t know what to say in response to what the staff has said. I haven’t had time to prepare that. What I’d like to address is procedure that occurred. The Planning Commission met and was presented by the city staff and the city staff inserted condition number 22 and presented it to the Planning Commission. That was all the Planning Commission saw. That’s all that they approved. I did not notice until this morning when looking at the presentation that would be given to the council that 22 had disappeared as a condition. That is something the Planning Commission was never shown. Never voted on. I don’t know what exactly why it was removed and moved to the cover page as I understand, but it was removed as a condition. I think it makes sense as a condition and when he, city staff first presented it I agreed to it and therefore I didn’t say anything at the Planning Commission about it. Did not have an opportunity to object to it at that time because it wasn’t an issue in the case. Did not have an opportunity to go through the appeal process from the Planning Commission because it was never an issue in this case. Learned about it for the first time this morning. Now it’s interesting when they first added it, the city staff first added it I asked why did you add it in that way and they said well because it’s a private issue. A civil issue and so we’ll just put it on there. Developer can take care of it as a private, civil issue as a preliminary to final plat. When I talked to city staff today and said why did you take it off, same reason. It’s a civil issue, a private issue. And apparently is now shifting the burden to me to take City Council Meeting – January 9, 2006 34 care of it instead of the developer seeking approval from the city. I think that is an improper and probably legally infirm, although I haven’t been able to research this approach to doing this. There is, now granted a city can take any approach that they want within reason to approve these processes, but once you put rules and process in place you have to follow that process. That’s my general understanding of the rules. I don’t believe that process has been followed here. 22 is dropped without review of the Planning Commission. Without an opportunity to comment on it and then suddenly without notice put in a cover letter and said as a condition today. It’s also the dropping of it is questionable because the same reason for dropping it was the reason that was given for putting it on in the first place. Seems arbitrary, capricious to drop it at this point. Not sure why staff decided to drop it after they previously on their own motion put it in in the first place. I guess I’m kind of curious about what the basis for that, and ultimately it’s infirm because there was no notice for the change. I first found out about it this morning. Called staff immediately mid-morning. Didn’t get a response until after lunch when I actually called staff again and asked you know was this a mistake because I understand 22 was added right before the Planning Commission meeting. Kind of given an indication well no, it’s in there and I was shown it was in the cover letter. Part of the problem is, if you ever look at the cover letter on the web site all you see is a big black maple leaf because the watermark on the city stationary blacks out everything that’s on the cover letter, so I didn’t know about this change of any sort until really 2:00 p.m. this afternoon. I would say that that’s not adequate notice. So what I would propose to the City Council is that City Council approve the plan, the plat, preliminary plat as proposed to the Planning Commission and the same plat that the Planning Commission approved, and not shift the burden to clear up this civil issue onto somebody who is not seeking approval for the City Council’s vote. Thank you. Mayor Furlong: Thank you. Comments or reaction. Todd Gerhardt: Mayor, I’d like to have the city attorney explain or verify if any processes have been violated since the Planning Commission’s action on this. Mayor Furlong: Thank you. Roger Knutson: Mayor, members of the council. There’s no process that’s been violated. The Planning Commission makes a recommendation to you and you take that into consideration. What the recommendation to you was is not in dispute and has not been concealed from you. You know what it was. It had that condition in there. Staff is recommending that that condition be deleted. It’s not unusual for the Planning Commission to recommend one thing and the staff to recommend something slightly different. And if I could just comment further on the dispute. First, the City as you know is not in a position to resolve property line disputes. I can issue an opinion and say here’s my opinion where it is, and that’s nice but the parties aren’t bound by it. I’m not a judge. This body is not, does not have authority to resolve property line disputes. So what we do is look at information to make sure a stranger to the title for example isn’t walking in here and saying I want to plat some property. We make sure you have an ownership interest in the property. And then here we have looked at it and this property, so you know, is Torrens property. There was a proceeding a number of years ago with this very issue, at least the record was resolved. Now someone can always challenge that later and the adjoining property owner if he chooses to challenge it, that’s the adjoining property owners’ prerogative to do so. From our City Council Meeting – January 9, 2006 35 perspective as a city we look at, is this something that should hold up approval, and our judgment is no. That if someone wants to bring this on further and have it resolved, there’s mechanisms to do that. There are courts. We don’t think it should up the plat. Councilman Peterson: Do we even have a legal right to stop that? Isn’t that kind of your point? Roger Knutson: Yes. That’s my point. Mayor Furlong: Okay. John Dragseth: Is it possible to address two of those points quickly? Mayor Furlong: Certainly, please. Keep it brief. John Dragseth: First point, it may not be unusual for city staff to disagree with the Planning Commission. What is unusual is for city staff to recommend a point. The Planning Commission to approve it, and then city staff without any explanation to remove that exact same condition that they put in themselves. Second point on the Torrens. There are two types of Torrens. It wasn’t mentioned. If you read the Chapter 508.23 of the Minnesota Statute you can do a simple Torrens where you register the property in general. There’s also a registration of the boundary. This property did not have the boundary registered. Thank you. Jacqueline Dorsey: My name is Jacqueline Dorsey of Visten, Dahl, Marsh and Dorsey, 311 South Water Street, Northfield. I am counsel for Sandra and Dwayne Johnson. They are the current owners of the property. I just wanted to bring up a couple of issues. First of all Mr. Knutson is correct that the Johnson’s own Torrens property. It was registered, almost 16 years ago. The Johnsons agree with the new recommendation of the Planning, of the city planner that item number 22 be deleted requiring a resolution of that property dispute. I believe that they’re correct in their assessment. First of all it would be extremely dangerous, again as Mr. Knutson pointed out, if anyone could come in and say I have a concern about a boundary line or I think part of that property belongs to me and every subdivision that comes before this council would roll to a stand still. It would also be changing the course of the current laws which require someone who has a boundary dispute and believes that they have an interest in the property, right now they have the responsibility to take some action if they believe they need to protect their property. Thank you. Mayor Furlong: Thank you. Sir, you have a public comment on this entire project, the proposed subdivision? Very good, thank you. With that, are there any follow up questions for staff or for the applicant? Okay. Then we’ll bring it back to council for discussion. Thoughts or comments. Councilman Lundquist: Mr. Mayor I think, like you said, pretty straight forward. We don’t often see ones that come along that are this straight forward without a lot of the stuff, especially Kate like you said before with what’s left in the city. They’re usually the more difficult ones so, and as far as the condition in or not in. I did see this condition 22 when I looked at the Planning Commission verbatim things and along with Mr. Knutson and staff, I’d say it’s, since Mr. Ayotte isn’t here anymore I would venture that we don’t have a dog in that fight so. Regardless of City Council Meeting – January 9, 2006 36 whether 22 is in or not, I think I would, I would have recommended that it be removed anyway so that point, anyway. So I think cut and dried. Pretty cut and dried here. No issues and support the proposal as published in the final staff report with conditions. Mayor Furlong: Okay, thank you. Other comments, discussion. Councilman Labatt: I would echo Mr. Lundquist in supporting the conditions 1 through 21. Mayor Furlong: Thank you. Councilman Peterson: As well as I. Mayor Furlong: Same? Very good, thank you. Without restating the issues, the subdivision does meet ordinance and that’s what we’re looking for and it went through the process with the Planning Commission adopting approval. I do agree with Councilman Lundquist with regard to that last condition and the reason that it would likely not be approved as well. That’s not, those types of conditions and proposals have come before this council that I’ve been involved in and they’ve come out each time so. With that, is there a motion? To approve, which I believe begins on. Councilman Labatt: Move approval for. Mayor Furlong: Do you have a page number? Councilman Labatt: Preliminary Plat for Case 05-42, subject to the following conditions 1 through 21 in the staff report dated. Mayor Furlong: Today. Councilman Labatt: January 9th. Mayor Furlong: Thank you. Is there a second? Councilwoman Tjornhom: Second. Mayor Furlong: Made and seconded. Any discussion on the motion? Hearing none we’ll proceed with the vote. Councilman Labatt moved, Councilwoman Tjornhom seconded that the City Council approve preliminary plat for Planning Case 05-42, Orchard Green for 4 single family lots as shown on the plans prepared by Terra Engineering and stamped “Received November 4, 2005”, subject to the following conditions: 1. Applicant shall submit a landscaping plan showing 19 trees as replacement plantings. Plan shall specify size, species, and locations. City Council Meeting – January 9, 2006 37 2. All areas outside of grading limits shall be protected by tree preservation fencing. Fencing shall be installed prior to grading and excavation for homes on each lot. Any trees shown as preserved that are removed or damaged shall be replaced at a rate of 2:1 diameter inches. 3. The water and sanitary hook-ups for lot 2 must be moved to the driveway in order to preserve the 12” maple. 4. The developer must obtain all permits necessary to remove the existing homes. 5. The grading plan must be revised as follows: a. All proposed contours must tie in to existing contours, particularly the 992’, 990’ and 988’ contours on the west side of Lot 1; and the 996’, 994’ and 992’ contours on the east side of Lot 3. b. Staff recommends that the low floor elevations for Lots 1 and 2 be lowered one foot to achieve an 8 foot walkout. Staff recommends that steps be installed in the garage on Lots 3 and 4 to achieve an 8 foot walkout. c. A drainage breakpoint elevation must be shown northeast of the building pad corner on Lot 3. 6. Hydrology calculations must be submitted and shall include pre- and post-development volume and peak discharge rates for the 2, 10 and 100 year rainfall events. 7. Any proposed retaining wall over four feet high requires a building permit and must be designed by a Professional Engineer registered in the State of Minnesota. 8. If importing or exporting material for development of the site is necessary, the applicant will be required to supply the City with a detailed haul route and traffic control plan. 9. The developer must acquire a Work in Right of Way Permit from the Engineering Department before commencing work in the right of way and shall submit a financial security to ensure that Orchard Lane and Forest Avenue are properly restored after the services have been installed. 10. The developer shall pay the $29,298.00 trunk and lateral water and sewer fees in cash with the final plat or assess them to the lots within the proposed development. The lateral connection charges can be assessed at 8% for 8 years. The trunk hookup charges can be assessed at 8% for 4 years. 11. Detailed grading, drainage, tree removal and erosion control plans must be submitted with the building permit for each lot. 12. Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA and the Watershed District. City Council Meeting – January 9, 2006 38 13. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Type of Slope Time (maximum time an area can remain unvegetated when area is not actively being worked) Steeper than 3:1 7 Days 10:1 to 3:1 14 Days Flatter than 10:1 21 Days These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. 14. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as-needed. 15. The plans shall be revised to show the location(s) of the rock construction entrance(s). 16. The plans shall be revised to expand the drainage and utility easement in a straight line from the point where the 978 elevation intersects the east lot line of Lot 4, Block 1, to where the 978 elevation intersects the 20’ sanitary sewer easement at the southern edge of Lot 4, Block 1. Standard drainage & utility easements shall be dedicated in all other locations. 17. Based on the proposed developed area of approximately 2.02 acres, the water quality fees associated with this project are $2,208; the water quantity fees are approximately $5,464. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $7,672. 18. In the absence of parkland dedication, it is recommended that Orchard Green pay full park dedication fees at the rate in force upon final platting. At today’s rate, these fees would total $16,000 (4 lots x $4,000). 19. Demolition permits must be obtained before demolishing any existing structures. 20. Provide a cleanout on the sewer service for Lot 3. 21. Final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued. All voted in favor and the motion carried unanimously with a vote of 5 to 0. City Council Meeting – January 9, 2006 39 BLUFF CREEK TWIN HOMES, SOUTHWEST CORNER OF LYMAN BOULEVARD & HIGHWAY 101, MARTIN SCHUTROP: REQUEST FOR A COMPREHENSIVE PLAN AMENDMENT TO INCORPORATE THE PROPERTY IN THE 2000 MUSA; CONDITIONAL USE PERMIT FOR DEVELOPMENT WITHIN THE BLUFF CREEK OVERLAY DISTRICT; AND SUBDIVISION WITH VARIANCES FOR AN 18 UNIT TWIN HOME DEVELOPMENT, 2 OUTLOTS AND PUBLIC RIGHT-OF-WAY. Kate Aanenson: Thank you Mayor and council. This subject site is located at the corner of Lyman Boulevard and 101. It’s located on the south west corner. This area currently is not in the MUSA based on the fact that doing the improvements on 101 and Lyman and the property immediately to the west…subdivided, staff felt it’d be prudent to work with the property owner to advance this development of this project, so it does require a land use amendment again which we support. This item did appear before the Planning Commission on December 6th. There were a couple changes that the Planning Commission did recommend and I’ll go through those. This is the subject site. I’m trying to follow the paper and it’s not matching up. There we go. It’s a little bit complex in the fact that we have to get the access to this street to tie into the future access, so that’d be a property that’s coming, what was the Sand’s property and now looks like it will be developed by the Shelard Group at the intersection there, and then also there is a gas line easement which we’ll touch a little bit more about in a minute. And then there’s also the Bluff Creek Overlay District, a significant wetland so it would be the appropriate land use. It’d be hard to get a single family neighborhood in there based on the size itself to try to make that transition to the Springfield neighborhood. Commercial across the street. You’ve got some larger lots to the west so in looking at this staff felt that a twin home PUD seemed to make the most sense. Again density on this we’re looking at 18 lots. These are more a traditional twin home as you can see. In putting together the PUD you can have 30%. In working with the applicant we actually got it down to 25% and put together a compliance table. The home sites themselves would be one story. I think it’s a really nice design. A different product. We do have variation in the fact that there’s some of the units will actually be side loaded. One of the variances that we’re requesting is a 50 foot street and that allows, based on the pitching of the gas line, it’s actually in this area. We talked about this earlier that it’s a 60 foot easement in here. It was actually a 50 foot setback so as we stated earlier and looked at that ordinance, we’re trying to have some consistency. It’s difficult for the staff too but this has quite a bit of setback from the street, so that actually gives a built in buffer for that. One of the things that the Planning Commission looked at is they wanted to see access through this via this cul-de-sac to get back up to this…So I touched on some of the major developments itself. Again we looked at the PUD as an appropriate tool to create that transition between the surrounding land uses. Again doing a twin homes, keeping it underneath the density. We did put together design standards. I showed you a typical house but if you look at on page 5, we put together some setback standards. Again the interior lot lines. 5 foot so those houses, while they had their own lot, they’ll be 10 feet apart but 5 on each side. And that was one of the recommendations that the developers adhere to a 5 foot setback requirement. There’s a few that didn’t and that they show the trail. There was also a large water line that they’ll have to incorporate going along 101 and that one can accommodate potential developments in the future. So again this wetland, kind of the water demarcation that we further develop like that is in the 2010 but that will be the buffer for that. There’s no park dedication. There’s a park across the street so we’re taking fees for that. There is a conditional use for development within the overlay district. They’re not City Council Meeting – January 9, 2006 40 touching the primary district but there will be some minor grading so water quantity and quality fees, handling the ponding on site. Be taking those. Again the 50 foot street. We’ll have a 31 foot cross section which is our standard again. We supported that 50 foot in order, because we’ve got this excessive setback requirement here, and allow for some of those side loaded garages. We think it will add a lot of street interest too. There will be tree replacement. Approximately 23 trees. So with that there are 4 motions. We are recommending approval. There are 4 motions. One for the comp plan amendment advancing this into the MUSA. Again we believe that’s prudent because we’re doing all the improvements on the 3 sides, major sides of the property. Rezoning it to the, they’re going for concept and preliminary PUD and a preliminary plat and then finally on page 16 the conditional use permit for work within the Bluff Creek Overlay District. So with that I’d be happy to answer any questions that you have. Mayor Furlong: Thank you. Questions for staff. Councilman Lundquist: Kate, where does the, where’s the MUSA line now? Is that on Lyman or where? Kate Aanenson: Yeah, it’s on Lyman. Yep. Councilman Lundquist: And with the, then what’s the western, or I guess the eastern boundary of the MUSA area now? Kate Aanenson: It’d be, we’d move it to here. Those lots. Councilman Lundquist: Where is it currently? Kate Aanenson: Oh, it’s actually right on 101. I’m sorry. Today, 101 correct. Mayor Furlong: It’s 101 and Lyman isn’t it? Kate Aanenson: Yeah, because you have the Springfield development that’s in. It will go down just to Bandimere. It kind of cuts across… Councilman Lundquist: Okay, where 101 makes a jog there is where, if you continued that straight, that’s where it is there. So this is probably what, 200 feet? Something like that. Kate Aanenson: Yeah, it’s contiguous on the north and on the east side to the current MUSA. And again we felt the timing of that, in meeting with the City Engineer and the property owner, this probably goes back a year. Our development of Lyman and 101 significantly impacts the property, so we felt it’d be prudent to let them make some wise decisions while we’re looking at all this development and then have them not be able to make some plans for that. Councilman Lundquist: So then along those lines, when we just approved a study or dollars for a study tonight on 101, on the consent agenda, do we have any idea of what that’s going to look like or what might or might not happen with, and I’d hate for something like this to come in, City Council Meeting – January 9, 2006 41 spend all the money, do all the work and then all of a sudden we have a study that says well maybe we should put a road right through the middle of it or something like that. Kate Aanenson: 101 at this intersection…will not be changed. Actually they’re building the new part of 101 terminus to here, so and that includes, it’s restricted median through here too to access was another reason why it’s restricted on 101. Just past this I believe. Mayor Furlong: You’re saying as part of this. Part of the new Highway 212 construction overall project with the realignment of 101, this part south of Lyman on 101 is already part of that development project. Kate Aanenson: That’s correct. Mayor Furlong: We’re not…create median in there. Kate Aanenson: Which is one of the reasons we wanted to advance it because they’re being impacted, and that restricts development because there’s actually a median I believe to, almost to the cul-de-sac length so it’s restricted. You know one way, right-in/right-out. We looked at some of those issues too as far as stacking, so that’s already being accommodated with the 212/101 construction, but you’re right. After that. Councilman Lundquist: So this is far enough… Kate Aanenson: Yep, and after that we have to examine the rest of that property. Then we kind of get into that wetland area, those curves and that. Councilman Lundquist: Yep. And then the park, I’m assuming when you said a park across the street you’re talking about Bandimere? Kate Aanenson: That’s correct. Councilman Lundquist: Do we have some provisions then to get from here over there without having to try to dodge traffic across 101? Kate Aanenson: Right I think, that was one of the reasons why the Planning Commission felt strongly about this and making this connection to get you across the street and go back down. I think long term wise we’ll have to look at that with 101 construction. Councilman Lundquist: So is there a controlled intersection there for people to cross at Lyman? Lyman and 101 will be a controlled intersection? Paul Oehme: Yeah, there’ll be a signal there. There’ll be, there already is an existing trail along the east side of 101 and that will be improved in connection with the 212 project. Councilman Lundquist: Right, just so these people can get across 101. Okay. City Council Meeting – January 9, 2006 42 Kate Aanenson: I did want to point out one other things. I gave revised findings of fact. That should also be included as part of your motion too. Mayor Furlong: Okay. Other questions for staff. Councilwoman Tjornhom: My only concern was the trail going to Bandimere Park. I realize it will be probably an empty nester type of place, or a life cycle which I like but I still would hate to see little kids trying to zig zag across those roads on their bike. Mayor Furlong: Okay, thank you. Other questions for staff. Councilman Peterson: The only one I had Kate is one of the negatives of using your Planning Commission to see some of these drawings is the elevations are kind of tough to see. As I visual the space, we’ve got some pretty good elevation changes. I’m guessing 30-40 feet. Is it dropping from Lyman south? The road in and of itself in and out is going to be relatively level isn’t it? Kate Aanenson: Yeah, up at the top of the street you’re at 923 and then back… Councilman Peterson: 30 plus feet. Kate Aanenson: Dropping back…then the biggest change is where it comes back of those lots…walk out on the backs of those. Mayor Furlong: Can you point to us on there where the existing home is located approximately? Kate Aanenson: Right there. Mayor Furlong: Right in there, okay. Kate Aanenson: Yeah, and the driveway was coming here, so again for lifestyle for them to be able to do that, restricting the access point. Making those changes kind of letting them make some other hard decisions. Mayor Furlong: Okay. Anything else Councilman Peterson? Questions? Councilman Labatt? Councilman Labatt: No sir. Mayor Furlong: Councilman Lundquist? Councilman Lundquist: Kate, when you looked at the comp plan stuff, this area, what was the original guiding for it? Kate Aanenson: Low density. It does meet the low density requirements, so it’s within that. I’m sorry, I should have stated that. City Council Meeting – January 9, 2006 43 Councilman Lundquist: You probably did. Kate Aanenson: No, I don’t think I did. It’s actually guided low density and that’s what they’re coming in at. It goes up to 4 units an acre. That on this is actually 3.3. 3.38. And again, we were trying to balance that because you have some existing larger homes and the single family and commercial, what makes the most sense. And the price point and the look. We think it adds a different type of product. Housing product in the city, which is a nice balance. Councilman Lundquist: Okay, thank you. Mayor Furlong: Couple of questions in terms of the, and this may be a question for Mr. Oehme. In terms of the length of that cul-de-sac and how, it looks like the right-of-way comes right up to the right-of-way on 101, is that correct? Paul Oehme: 8 feet away I believe. Mayor Furlong: It’s 8 feet away, okay. Is there any issue or concern with regard to cars driving on that road with traffic on 101 in terms of distraction? And I’m thinking specifically in the evening with lights and headlights and such like that. Kate Aanenson: We can look at landscaping maybe too Paul. Mayor Furlong: Anything to, I guess has that been addressed or not? And if not, can we consider. Paul Oehme: We can look at it. It’s a good point. We didn’t really take a look at it. The trips generated on the new roadway. Mayor Furlong: They’ll be limited. Paul Oehme: Be very limited so I don’t know how much conflict it would be. Mayor Furlong: And there may not be but I, the right-of-way looks like it comes, if there’s 8 feet between the two right-of-ways then, is that part of the private property for one of the lots or does it touch? You’d still have the 15 foot from the curb to the right-of-way is about 15 feet there so you’d have that buffer area. But you don’t want to be planting anything in there. Kate Aanenson: Correct. Mayor Furlong: Okay. Kate Aanenson: And there’s also a significant water line going down there…We can look at that. City Council Meeting – January 9, 2006 44 Mayor Furlong: Take a look at that between preliminary and final. The other question I have, is the, or the access point for this road off of Lyman, is that then where we will line up the access point for the property to the north? Kate Aanenson: That’s the intent. Mayor Furlong: That’s the intent. Kate Aanenson: Yeah, we’re just trying to get clarification on that. I think from Paul and I meeting with MnDot, wanted that road, we have a water line to shift that as it touches down at Lyman, to shift that a little bit to the east to have the roadway over our water, our utilities there. So that is the goal. That has to be shifted all before it comes back for final plat. Mayor Furlong: Just for understanding, where does this Highway 101 from the north currently come down just across from that road? Can you see? Okay, so it’s right in there. Okay. What’s the anticipated access control, or the control onto Lyman for those two roads? Paul Oehme: Onto Lyman there? There won’t be any signals or controlled. Mayor Furlong: It will just be stop lights going onto Lyman, correct? Or stop signs. Paul Oehme: There will be, well at the new intersection there there will be turn lanes designated for right turn lanes and left turn lanes into the property so there will be controlled access into that site via the turn lanes but. Mayor Furlong: On Lyman. Paul Oehme: On Lyman, correct. Mayor Furlong: Okay. Alright, but there isn’t going to be a stop light or anything? Paul Oehme: No stop signs, no stop lights. Mayor Furlong: Okay. Alright, and it’s not restricted to a right-in/right-out? Paul Oehme: That’s correct. Mayor Furlong: Okay. Paul Oehme: It will be a full access. Kate Aanenson: I think there is a median but it stops… Paul Oehme: Yeah, it might be farther up on 101. City Council Meeting – January 9, 2006 45 Mayor Furlong: Okay, and the area of Bluff Creek, just for clarification. It might be in the staff report. If it is I apologize for the redundant question but is that the primary zone or secondary zone? Kate Aanenson: …that would be the secondary zone. It’s a no touch in the primary zone which is not. Mayor Furlong: Okay. Does the primary zone come onto the property though? Kate Aanenson: Yes it does. Mayor Furlong: Okay so, and these all meet the setbacks from that? Kate Aanenson: Correct. Mayor Furlong: Thank you. Okay. Good, thank you. Any other questions for staff? If not, is the applicant here this evening? Good evening. Martin Schutrop: Good evening council and Mayor. My name is Martin Schutrop. I’m the developer of the property and so I’m here to answer any questions you may have. Mayor Furlong: Thank you. Any questions for the applicant? Thank you. Appreciate you being here. Again this was heard at the Planning Commission. The public hearing was held. I don’t know that there were any significant changes but if somebody would like to provide any comments to the council, we’d be happy to hear them at this time. Debbie Lloyd: Debbie Lloyd, 7302 Laredo Drive. Hello again. Mayor Furlong: Hello. Thanks for waiting. Debbie Lloyd: I would have sent this via e-mail but I was not able to access all the information on the web site last night. It was my first opportunity to review everything and I do have two concerns. One, I did address during the meeting and I didn’t see any update on it in the report and I know how many details there are to review so I just want to bring it up one more time again. The interior, no I’m sorry, the interior, I’m looking at this. Lot 1 and 2. Interior public right-of-way. Page 5 of the report. Lot 1 and 2 have a 20 foot interior public right-of-way. In Section 20-506, which I didn’t have with me at the Planning Commission meeting, it states that the minimum setback is supposed to be 30 feet but it may be waived by the City Council when it is demonstrated that environmental protection will be enhanced…minimum front yard setback of 20 feet shall be maintained. I didn’t see anything to indicate the environmental enhancement by reducing the setback to 20 feet. And then seeing the walkway in there, I’m thinking how far is that going to be from those homes? I mean basically that’s cutting in. So I just want, in case you weren’t alerted to that, I just wanted to make you aware of that fact. And then the second question I have is, because it is a private street, and there’s no parking I believe on private streets in PUD’s, where will people park since, I mean really they’re cut off from parking on other streets. Perhaps there should be provision for parking in this development. Thank you. City Council Meeting – January 9, 2006 46 Mayor Furlong: Alright, thank you Ms. Lloyd. First question was on the justification for the 20 foot setback for Lots 1 and 2 versus 30. Kate Aanenson: I think it’s woven into the 50 foot street setback and the fact that we’ve got that excessive gas line easement pinched by the Bluff Creek Overlay District and in a PUD you can set what other standards you want to put in place. So this circumstance, and to allow for the architectural change that the staff wanted of the side loaded garage and add interest, to give them that relief. And the circumstance when we looked at guest parking, we accommodate based on this type of product, there is stacking in the driveway itself to accomplish that. Kind of treat this similar to what we have on other twin home projects or our single home. Most the guest parking is in the driveway. Mayor Furlong: Clarification I guess then, because the staff report refers to public right-of-way, is the cul-de-sac itself a private street or would that be a public street? Paul Oehme: The street itself? Mayor Furlong: The cul-de-sac. Paul Oehme: The cul-de-sac is. Kate Aanenson: It’s a public street. Mayor Furlong: Private street as I understood in reading the report and the minutes of the Planning Commission related to the shared driveways for the side loaded garages, is that correct? Kate Aanenson: That’s my understanding, correct. Mayor Furlong: So the private streets are the access to the garages off of the public street? Kate Aanenson: Correct. Mayor Furlong: Okay. So I think, I don’t know Ms. Lloyd, that’s how I understood it when I looked at that. That because you’re two properties sharing the same driveway, by definition it becomes a private street. Kate Aanenson: That’s correct. Because it’s going to have the same cross section on pavement width 31 that we would have on a normal street. Mayor Furlong: Okay, but the cul-de-sac is a public right-of-way? Kate Aanenson: That’s correct. Mayor Furlong: With normal. City Council Meeting – January 9, 2006 47 Kate Aanenson: It’s a private street when you’ve got the driveway… Mayor Furlong: Okay. And I guess to the specific question, what’s the environmental interest with regard to the setback to 20 feet. I heard the Bluff Creek Overlay District mentioned as one of the issues. Kate Aanenson: Correct. As you’re dropping those slopes back down, it’s encumbered by an excessive pipeline easement. We felt narrowing that and pushing those driveways closer, you got the adequate parking with the street and the driveways. We felt that would work and to turn the garages. Mayor Furlong: Okay. Alright, thank you. Thank you. Any other public comments on this project? Okay, thank you. I’ll bring it back to council for discussion. And I’m going to take an amalgamate question. On the extending the MUSA over this area, does that create, are there any other issues or precedence that’s being created there? I mean this particular case it seems to me… Kate Aanenson: I think our approach with the Met Council is the fact to bring this forward we felt comfortable in the fact that we’re doing a substantial regional system change that has implication for this corner and we think that that’s the major issue. Mayor Furlong: It’s contiguous on both sides. Kate Aanenson: Yeah with two state highways, or two regional systems. The state highway and the county collector road. Mayor Furlong: Okay, thank you. Comments. Discussion on the project. Councilman Lundquist: My only comments would be not generally in favor of you know rushing and kind of piecemeal development, which one could argue either way on this one but since Kate I think you made a good point of this one kind of being squeezed on a lot of directions and so I’m inclined to make an exception here and go through that and give us one little piece in there and, seems like a good project. A good product that we don’t have a lot of or any of so, you know inclined to say okay on this piece on something that generally I wouldn’t support for those reasons but think this one warrants it. Mayor Furlong: Okay, thank you. Other comments. Councilman Peterson: Mr. Mayor I think that to, it adds a certain amount of housing stock that we don’t have a lot of in Chanhassen. It’s one of those things that cycles through but I think it seems to be a very nice design into our community so, I certainly believe the exceptions are with merit. Mayor Furlong: Thank you. Comments, Councilwoman Tjornhom. City Council Meeting – January 9, 2006 48 Councilwoman Tjornhom: I agree with Councilman Peterson. I think it’s a good fit for the area concerning what’s going to be going on around it. Mayor Furlong: Thank you. Councilman Labatt: Agree with everybody. I think the timing is correct with, considering what’s happening with 212 and 101. Mayor Furlong: Yeah I would concur. I think to ask this property owner to wait, there doesn’t seem to be the justification. I think anytime, to Councilman Lundquist’s point, I think you need to be very hesitate to deviate from the comprehensive plan but I think when you merit or weigh the merits of the individual case, I think this one certainly is justified and it’s, it works on a number of different levels, which have been mentioned so I would certainly support it as well. Any further discussion? If not, is there a motion? The motions I believe begin on page 409 of our electronic packet. Councilman Labatt: Mayor, I move that we approve comprehensive plan amendment to incorporate the property in the current Urban Service Area subject to review and the approval of the Met Council. Condition A. Can we take these all at one time or do we take them all as one? Mayor Furlong: I don’t know that there’s any reason to split them unless there’s, let’s make them at once and. Councilman Labatt: Okay, so I move condition A, B and C in staff report subject to the following conditions as indicated and set forth, and adopting the current new findings of fact. Kate Aanenson: And there’s one other, D is actually on page 16. So it’s A, B, C, D. Mayor Furlong: D moves down to the Wetland Alteration, is that right? Bluff Creek Overlay District. Councilman Labatt: Yeah, the findings of fact go with C correct? Kate Aanenson: With all of them. Councilman Labatt: Okay. And condition D. Mayor Furlong: So items A, B, C and D with conditions laid out in the staff report for each of those individual items is appropriate, subject to the revised findings of fact. Thank you. Is there a second? Councilwoman Tjornhom: Second. Mayor Furlong: Made and seconded. Any discussion on the motion? Seeing none we’ll proceed with the vote. City Council Meeting – January 9, 2006 49 Councilman Labatt moved, Councilwoman Tjornhom seconded that the City Council approve the following items subject to the revised Findings of Fact: A. Resolution #2006-05: The City Council approve the Comprehensive Plan Amendment incorporating the property in the current Metropolitan Urban Services Area (MUSA) subject to review and approval by the Metropolitan Council. B. Approval of the Concept and Preliminary Planned Unit Development rezoning the property from A2, Agricultural Estate District to PUD-R, Planned Unit Development- Residential incorporating the development design standards contained in the staff report. All voted in favor and the motion carried unanimously with a vote of 5 to 0. C. Approval of the preliminary plat creating 18 lots, two outlots and right-of-way for public streets with a variances for the public street right-of-way width and the use of private streets to access lots 8, 9, 12, 13, 16 and 17, plans prepared by Ryan Engineering, dated October 28, 2005, subject to the following conditions: 1. A sidewalk connection on the south side of the street from the internal street cul-de-sac to the intersection of Lyman Boulevard shall be provided. 2. The development shall pay full park fees in effect at the time of final plat approval. 3. Applicant shall resubmit for city approval a landscaping plan that includes 84 trees. At least one tree is required in each front yard. Common areas must be sodded and provided with irrigation. Native plantings will be required along the southern edge of the development parallel to the wetland. These plantings shall be species selected from the Bluff Creek Management Plan planting list. 4. Applicant shall meet the minimum number and types of plantings required for the bufferyards. 5. A 10-foot clear space must be maintained around fire hydrants, i.e., street lamps, trees, shrubs, bushes, Xcel Energy, Qwest, cable TV and transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1. 6. Temporary street signs shall be installed on street intersections once construction of the new roadway allows passage of vehicles. Pursuant to 2002 Minnesota Fire Code Section 501.4. 7. Fire apparatus access roads and water supply for fire protection is required to be installed. Such protection shall be installed and made serviceable prior to and during the time of construction except when approved alternate methods of protection are provided. City Council Meeting – January 9, 2006 50 8. Fire apparatus access roads shall be designed and maintained to support the imposed load of fire apparatus and shall be serviced so as to provide all-weather driving capabilities. Pursuant to Minnesota Fire Code Section 503.2.3. 9. No burning permits shall be issued for trees to be removed. Trees and shrubs must either be removed from site or chipped. 10. Submit street names to Chanhassen Building Official and Chanhassen Fire Marshal for review and approval. 11. Two additional fire hydrants will be required; one at the intersection of Lyman Boulevard and the new proposed road, and one in the area of Lot 13/14. 12. A minimum 16.5 foot buffer strip shall be maintained from the delineated edge of the wetland. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City’s wetland ordinance. The applicant shall install wetland buffer edge signs, under the direction of City staff, before construction begins and shall pay the City $20 per sign. 13. A drainage and utility easement shall be dedicated over all of Outlot B. The developer may dedicate Outlot B to the City. 14. All structures shall maintain a 40-foot setback from the edge of the wetland buffer. 15. All structures shall meet a 40 foot structural setback from the Primary Corridor boundary of the Bluff Creek Overlay District as required by Chanhassen City Code. In addition, no grading shall occur within the first 20 feet of the Primary Corridor. The plans shall be revised to eliminate grading within 20 feet of the Primary Corridor. 16. The plans shall be revised to include the City of Chanhassen’s standard detail 5300 for silt fence. Type 2 silt fence shall be used along the southern grading limits and at the normal water level of the pond. Type 1 silt fence shall be used elsewhere. Silt fence shall be installed around the storm water pond at the pond’s normal water level until surrounding areas have adequate vegetative erosion control established. 17. The plans shall be revised to include City of Chanhassen standard detail 5302A for Wimco or similar catch basin inlet protection. 18. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Type of Slope Time (Maximum time an area can Steeper than 3:1 7 days remain open when the area 10:1 to 3:1 14 days is not actively being worked.) Flatter than 10:1 21 days City Council Meeting – January 9, 2006 51 These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. 19. All erosion and sediment control measures shall be installed and maintained in accordance with City, Carver County Water Resource Management Area and MPCA permit requirements. 20. A SWPPP should be developed by Ryan Engineering for the site which would encompass an erosion and sediment control plan. The SWPPP is needed prior to applying for the NPDES permit. 21. Erosion control blanket is needed for the slopes NE of lot 18 and the southern slopes from about the 912 / 910 proposed contours to the bottom of the slope within 14 days of final grade. 22. Energy dissipation at the FES inlet to the permanent storm water pond is needed. A detail is needed. 23. The proposed storm water basin must be used as a temporary sediment trap during construction and must be excavated in the initial construction phases of the development. A temporary diversion berm should be constructed to divert runoff from lots 18 to 11 into the pond. This should be included in the SWPPP. 24. A temporary outlet and / or a temporary stabilized EOF for the temporary basin is needed. 25. Inlet controls are needed for the CB’s within 24 hours of installation. A detail is needed; Chanhassen city specifications are Wimco type inlet control or equal. 26. The silt fence as proposed is running up and down the slope along the west and east boundaries of the site. The silt fence must be installed with J-hooks to effectively provide sediment control and not concentrate runoff to the south. 27. A concrete washout area is needed in the SWPPP; silt fence, sump area and rock driveway should be used and could be located in Outlot A. 28. A permanent outlet structure is needed for the permanent storm water basin in the southwest corner of the pond. Detail is needed. 29. A stable emergency over flow (EOF) is needed for the permanent storm water basin. Riprap or a turf reinforcement mate (TRM) could be used and specifications and detail area needed. 30. The contractor shall inspect daily all erosion control measures and perform maintenance on BMPs as needed or required. City Council Meeting – January 9, 2006 52 31. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $21,857. 32. The final plans must include the following revisions: a. Existing contours within 100 feet of the proposed development must be shown on the plan. b. Note the top and bottom of wall elevations for all retaining walls. c. Note the location and elevation of the emergency overflow on the east end of the cul de sac. d. A full-size drainage area map must be submitted. e. A five-foot wide concrete sidewalk must be constructed on one side of the street. f. Show the proposed street light layout. g. A stop sign must be installed at the intersection at Lyman Boulevard. h. All plan sheets must be signed by an Engineer registered in the State of Minnesota. 33. If import or export of material is required for the development of this property, the applicant must submit a detailed haul route to the City. 34. The existing well and septic system must be properly removed/abandoned. 35. The developer must field verify the sewer and watermain stub locations and elevations. If the stubs have not been installed the developer shall directional bore the utilities under Lyman Boulevard. All costs and permits associated with this work would be the developer’s responsibility. 36. Public utility improvements are required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. Detailed construction plans and specifications must be submitted at time of final plat and shall include all required information. 37. The applicant is required to enter into a development contract with the City and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. 38. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley-Purgatory-Bluff Creek Watershed District, Minnesota Pollution Control Agency (NPDES Phase II Construction Site Permit), Department of Health, MCES, Minnesota Department of Natural Resources (for dewatering), Army Corps of Engineers, Minnesota Department of Transportation, Minnesota Department of Health) and comply with their conditions of approval. 39. Access and maintenance agreements shall be recorded against the benefiting properties for the private streets. 40. Buildings over 8,500 sq. ft. in size must be protected with an automatic fire protection system. The State of Minnesota is in the process of revising Chapter 1306 of the Minnesota State Building Code regarding fire protection systems. It is not yet entirely clear how these changes will affect residential construction. It is important that the developer meet with the City Council Meeting – January 9, 2006 53 Inspections Division prior to final design to determine what ramifications, if any, the new requirements will have on the project. 41. Demolition permits must be obtained before demolishing any structures on the site. Existing utilities and on-site sewage treatment systems must be abandoned in accordance applicable regulations. 42. A final grading plan and soils report must be to the Inspections Division before permits can be issued. 43. Retaining walls over four high must be designed by a professional engineer and cannot be constructed until a building permit is obtained. 44. The applicant shall create a Homeowners Association to take responsibility of the retaining walls and maintain them. 45. Walls and projections within 3 feet of property lines are required to be of one-hour fire- resistive construction. 46. The buildings will be required to be designed by an architect and engineer as determined by the Building Official.” 47. That the developer provides trail access to the southwest corner of 101 and Lyman. 48. That the developer revises drawings to adhere to the 5 foot setback requirements. 49. The developer shall install a 16 inch watermain along 101 and loop the watermain within the project to this watermain. The city will reimburse the developer for the costs of oversizing the pipe for the 16 inch watermain. D. Approval of Conditional Use Permit to develop within the Bluff Creek Overlay District subject to the following conditions: 1. No grading is allowed within the first 20 feet of the Primary Corridor boundary. 2. All structures must meet a 40 foot structural setback from the Primary Corridor boundary. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Furlong: Just a quick comment. We had a number of these items that came through the Planning Commission and I think they did a great job working through a number of the issues here so, Ms. Aanenson and Mr. Papke who are here, I think the Planning Commission did a good job on all these so we appreciate your efforts. Please relay that back to them. That completes the items of new business. City Council Meeting – January 9, 2006 54 COUNCIL PRESENTATIONS: Mayor Furlong: If none I would direct my fellow council members to the second to last page under the correspondence. After a couple pages of financial reporting. Page 528 on the electronic packet. That is an invitation to a meeting that will be put on at Carver County this coming Saturday, the 14th. This is the outgrowth of recommendations for Eastern Carver County Leadership group which Mr. Gerhardt and I regularly attend, which consists of the cities within School District 112 and the county and the school district. This is a matter that’s really relating to emergency preparedness within our county, within our city. I think this is something that we’ll be looking at going forward this year. I think this was suggested and I think periodic review of what we have in place, we have systems in place but I think it’s important that we periodically review it. I would hope that all of us can attend. I know that they’ve extended the invitation to cities and elected officials across the county so, Mr. Gerhardt if we can be sure that that gets posted as a meeting with the likelihood that a quorum may be present there. But this is a good opportunity for all of us to get together to understand what level of preparedness is in place. To ask questions. To meet with other elected officials as well, so I would hope that people can attend. Any other council presentations? Okay. ADMINISTRATIVE PRESENTATIONS: Todd Gerhardt: If you go to the last page we have our building permit valuation summary and didn’t put this in for any reason but to keep you updated on the history of our building permit valuations. We ended 2005 meeting our goal on revenue. Might be a little bit under, but kind of a nice little history there. Residential in the earlier years, ’98 through probably about 2003 were heavy on the residential, light on the commercial. Kind of the last 2 years we’ve been heavy on the commercial and kind of light on the residential but if you look 2003, 04 and 05, in 2003 we had a non-profit, I think it was St. Hubert’s expansion. There was $5 million, or probably Westwood Church. $5 million there so we’ve pretty much been the same level for the last 3 years when it comes to residential and commercial and addition valuations from a tax paying standpoint. So, any questions on any of those? Some other good news that we received this past week, the Chamber has selected the City as a finalist as the Business of the Year potential recipient and that presentation will be made at their January 24th luncheon. I think I sent an e- mail out to council members and mayor on that so if anybody is interested in attending that, let me know and I can send in an RSVP for you. So I don’t know who the other finalists are, but it was just nice to be named in that group. I think we had a great 2005 and I think this is a little nice recognition just to be a finalist. I think I notified everybody on Christmas Eve we had a carbon monoxide scare at a residential home where we had 5 adults, or 4 adults, or 2 adults and 3 children that had come down with carbon monoxide poisoning. Were sent down to Hennepin Medical Center for treatment. Just want to get the message out there that everybody should have a carbon monoxide detector in their homes. This is a real wake-up call. Luckily it turned out in favor of the homeowners and our volunteer firemen did a fantastic job of responding and recognizing the problem right off the bat so. And the homeowners for calling 911 when they detected people weren’t feeling well so. Dizziness. Lightness of the head and headaches are some of the symptoms for that, and I’m sure Greg Geske will probably talk a little bit about that at our next City Council meeting. With that, that’s all I had. City Council Meeting – January 9, 2006 55 Mayor Furlong: Okay. Thank you. Any questions for Mr. Gerhardt? CORRESPONDENCE DISCUSSION. None. Councilman Lundquist moved, Councilwoman Tjornhom seconded to adjourn the meeting. All voted in favor and the motion carried. The City Council meeting was adjourned at 8:55 p.m.. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim CHANHASSEN PLANNING COMMISSION REGULAR MEETING SUMMARY MINUTES JANUARY 3, 2006 Chairman Sacchet called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Uli Sacchet, Kurt Papke, Jerry McDonald, Debbie Larson, Dan Keefe, and Mark Undestad MEMBERS ABSENT: Deborah Zorn STAFF PRESENT: Bob Generous, Senior Planner; Sharmeen Al-Jaff, Senior Planner; and Alyson Fauske, Assistant City Engineer PUBLIC PRESENT FOR ALL ITEMS: Deb Lloyd 7302 Laredo Drive Janet & Jerry Paulsen 7305 Laredo Drive PUBLIC HEARING: PUBLIC HEARING TO REVIEW AN ENVIRONMENTAL ASSESSMENT ADDRESSING POTENTIAL ENVIRONMENTAL IMPACTS OF THE PROPOSED DEVELOPMENT AND MAKING THE APPROPRIATE FINDINGS AND DECISIONS ON THE NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT; REQUEST FOR A CONDITIONAL USE PERMIT WITH VARIANCES; AND A SITE PLAN REVIEW APPLICATION TO CONSTRUCT A LOCAL ELECTRIC DISTRIBUTION SUBSTATION ON PROPERTY ZONED INDUSTRIAL OFFICE PARK, MINNESOTA VALLEY ELECTRIC, PLANNING CASE NO. 05-30. Public Present: Name Address Ronald Jabs 125 MVEC Drive, Jordan Dennis Wolf 125 MVEC Drive, Jordan Gene Kotz 17845 Highway 10, Elk River Carole Schmidt 17845 Highway 10, Elk River Sharmeen Al-Jaff presented the staff report on this item. Commissioner Papke asked staff to explain the conditions necessary for approving a negative declaration of an Environmental Impact Statement. Commissioner McDonald asked for clarification of the variance requests. Commissioner Keefe asked staff to clarify the size of the wall for screening purposes, site drainage patterns, and notification requirements, especially for people in the mobile home park. Chairman Sacchet asked for clarification on the findings regarding improvements to the site, and lighting plans. The applicant, Ron Jabs with Minnesota Valley Electric introduced his team Planning Commission Summary – January 3, 2006 2 consisting of Denny Wolf with Minnesota Valley Electric, and Gene Kotz and Carole Schmidt with Great River Energy. Mr. Jabs and Denny Wolf addressed concerns of the Planning Commission regarding EMF emission, screening, lighting, the height of the wall system, landscaping, and if Minnesota Valley Electric is aware of any environmental findings against the Xcel facility. Carole Schmidt gave a brief summary of the environmental assessment study that she prepared. Chairman Sacchet opened the public hearing. No one spoke and the public hearing was closed. After commissioner comments, the following motions were made. Papke moved, McDonald seconded that the Planning Commission recommends approval of Site Plan 05-30 for an electric substation as shown on the plans dated Received September 2nd and November 30th, 2005 with variances to allow access off of Stoughton Avenue, maintain a 200 foot setback from existing residential neighborhood and construct a facility on a 2.35 acre parcel, based on the findings of the staff report subject to the following conditions: 1. Building Official Conditions: a. Permits are required to construct the perimeter wall and fence. b. The plans must be prepared and signed by design professionals licensed in the State of Minnesota. 2. The applicant will provide additional information about drainage to staff for further review. 3. Annual maintenance shall be performed on the infiltration basin so that it will function as modeled. 4. The applicant must meet minimum ordinance requirements for bufferyards and submit a revised landscape plan to the city for approval. 5. Overstory plantings shall be added to the understory totals for bufferyard plantings. 6. Detailed lighting plans shall be submitted including photometrics and type of light fixture. The ordinance requires no more than 0.5 foot candle at the property line. Only downcast shielded fixtures are allowed as required by ordinance. Any security (motion detection) lighting should also be shown. All voted in favor and the motion carried unanimously with a vote of 6 to 0. Papke moved, McDonald seconded that the Planning Commission recommends approval for Conditional Use Permit 05-30, for the construction the electric substation and a 10 foot wall with the following condition: 1. A security fence as specified in the National Electric Safety Code shall surround the Distribution and Underground Electric Distribution Substations. Planning Commission Summary – January 3, 2006 3 All voted in favor and the motion carried unanimously with a vote of 6 to 0. Papke moved, McDonald seconded that the Planning Commission recommends that the City Council approve a Resolution Declaring No Need for an Environmental Impact Statement for the Minnesota Valley Electric Substation. All voted in favor and the motion carried unanimously with a vote of 6 to 0. PUBLIC HEARING: JACOB’S TAVERN: REQUEST FOR SITE PLAN APPROVAL FOR A 6,808 SQUARE FOOT RESTAURANT BUILDING ON 2.02 ACRES LOCATED AT THE SOUTHEAST CORNER OF HIGHWAY 5 AND CENTURY BOULEVARD, TRUMAN HOWELL ARCHITECTS, PLANNING CASE NO. 05-40. Public Present: Name Address Truman Howell 17815 Hutchins Drive, Minnetonka Jacob, John & Joan Howe-Pullis 1385 Wildflower Lane, Chaska Scott Thorpe 6716 Point Drive, Edina Bob Generous presented the staff report on this item. Commissioner McDonald asked for clarification of what staff is proposing for gables as opposed to what the applicant has shown on the drawings. Commissioner Keefe asked staff to explain how they calculate the height of buildings, façade transparency, parking easements, and the level of service at the intersection of 5 and Century Boulevard. Commissioner Papke expressed concern with the fake silo element. Truman Howell, spoke on behalf of the applicants, addressing the architectural and functional design of the silo, dormers, cross parking with the hotel, and pedestrian circulation. The applicants passed around a sample menu for the commissions to look at. Chairman Sacchet opened the public hearing. No one spoke and the public hearing was closed. After commission discussion, the following motion was made. McDonald moved, Larson seconded that the Planning Commission recommends approval of Site Plan Planning Case #05-40, plans prepared by Schoell & Madsen, Inc., dated November 10, 2005, for a 6,808 square-foot restaurant on Lot 1, Block 1, Arboretum Business Park 6th Addition, subject to the following conditions: 1. The applicant shall enter into a site plan agreement with the City and provide the necessary security to guarantee erosion control, site restoration and landscaping. 2. A recorded parking easement for the benefit of Lot 1, Block 1, Arboretum Business Park 6th Addition for the use of nine stalls on the Holiday Inn Express site (Lot 2, Block 1, Arboretum Business Park 6th Addition) is required as part of the site plan. 3. The developer shall install site furnishings including benches, bicycle racks, and tables. Planning Commission Summary – January 3, 2006 4 4. All signs shall require a separate sign permit. 5. Mechanical equipment, either roof-mounted or at grade, must be screened. 6. The building must be protected with an automatic fire sprinkler system. 7. The building plans must be prepared and signed by design professionals licensed in the State of Minnesota. 8. The building owner and or their representatives shall meet with the Inspections Division to discuss plan review and permit procedures. 9. Pedestrian ramps shall be provided in all locations where the sidewalk ends at a curb. 10. The full access driveway onto Century Boulevard is allowed. However, should the driveway cease to operate in a safe manner in the opinion of the property owners of Lots 1 or 2, Block 1, Arboretum Business Park 6th Addition, or Lots 1, 2 or 3, Block 1, Arboretum Business Park 4th Addition, or if any of the following conditions are met, the property owners of Lots 1 and 2, Block 1, Arboretum Business Park 6th Addition and Lots 1, 2 and 3, Block 1, Arboretum Business Park 4th Addition shall be assessed 100% of the costs incurred to correct the conditions in a fashion acceptable to the City of Chanhassen: a. Level of service “F” at the intersection during peak AM and PM times. b. Level of service “D” or below at the intersection during non-peak times. c. Significant accidents that are attributed to the configuration of the intersection occur that indicate a mutually recognized safety concern at the intersection. 11. The slope located along the southern property line shall be seeded with a native grass mix and left natural. The applicant will be allowed to mow along the parking lot and trail if necessary. 12. Storm water calculations shall be submitted to ensure the existing downstream storm water infrastructure is sized adequately for the proposed development. 13. Two details for silt fence are included on the detail sheet. The old detail for silt fence (Detail 5300 last revised January of 2003) should be removed from the detail sheet. The plans should be revised to show inlet protection around all storm sewer inlets. 14. Wimco-type inlet controls should be specified for inlet protection. Inlet protection shall be provided for existing catch basins immediately adjacent to the project. 15. During installation of the proposed storm sewer infrastructure to the existing storm sewer, temporary caps or plugs should be provided until the installation of the pipes and inlets are complete. Planning Commission Summary – January 3, 2006 5 16. A temporary cover of mulch and seed is needed within 14 days of final grade for any exposed soils or if any exposed soils are not actively worked within a 14-day time period. 17. Any sediment tracked upon paved surfaces must be scraped and swept within 24 hours. 18. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley-Purgatory-Bluff Creek Watershed District, Minnesota Pollution Control Agency (NPDES Phase II Construction Site Permit), Minnesota Department of Natural Resources (for dewatering), Minnesota Department of Transportation, Minnesota Department of Health) and comply with their conditions of approval. 19. A professional civil engineer registered in the State of Minnesota must sign all plans. 20. The applicant will be required to submit storm sewer sizing design data for a 10-year, 24- hour storm event with storm sewer drainage map prior to building permit issuance. 21. The applicant should be aware that any off-site grading will require an easement from the appropriate property owner. 22. Installation of the private utilities for the site will require permits and inspections through the City’s Building Department. 23. Add the latest City Detail Plate Nos. 1004, 5214, 5300 and 5302. 24. The site will be subject to City sanitary sewer and water hookup charges at the time of building permit issuance. The 2006 trunk utility hookup charges are $1,575.00 per unit for sanitary sewer and $4,078.00 per unit for water. 25. Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA, Department of Health, Watershed District, MnDOT, etc. 26. On the utility plan show all the existing utility sewer type, size, slope and class. 27. Cross-access easements for the shared driveway access must be obtained and recorded against the lots. 28. A 10-foot clear space must be maintained around fire hydrants, i.e., street lamps, trees, shrubs, bushes, Xcel Energy, Qwest, cable TV and transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1. 29. Yellow curbing and “No Parking Fire Lane” signs will be required. Contact Chanhassen Fire Marshal for exact location of yellow curbing and location of signs to be installed. Planning Commission Summary – January 3, 2006 6 30. Builder must comply with the following Chanhassen Fire Department/Fire Prevention Division Policies. a. #1-1990 regarding fire alarm systems, b. #4-1991 regarding notes to be included on all site plans, c. #7-1991 regarding pre-fire drawings, d. #29-1992 regarding premise identification, e. #34-1993 regarding water service installation, f. #36-1994 regarding proper water line sizing, g. #40-1995 regarding fire protection systems.” All voted in favor and the motion carried unanimously with a vote of 6 to 0. PUBLIC HEARING: CHRISTENSEN SUBDIVISION: REQUEST FOR SUBDIVISION OF PROPERTY INTO 2 SINGLE FAMILY LOTS WITH VARIANCES ON PROPERTY LOCATED AT 6710 GOLDEN COURT AND ZONED RESIDENTIAL SINGLE FAMILY, APPLICANT ROBERT CHIRSTENSEN, PLANNING CASE NO. 05-44. Sharmeen Al-Jaff presented the staff report on this item. Commissioner Papke asked for clarification regarding the placement of the driveway. The applicant, Robert Christensen clarified that the driveway staff is requesting be shifted is his current driveway. Chairman Sacchet opened the public hearing. Janet Paulsen, 7305 Laredo Drive asked for clarification on the driveways, and where property lines are measured. Deb Lloyd, 7302 Laredo Drive asked if this property was within 1,000 feet of Lake Lucy because there was no notice of the impervious surface requirement and concern with the number of access points. Chairman Sacchet closed the public hearing. The following motion was then made. Larson moved, Undestad seconded that the Planning Commission recommends approval of the preliminary plat for Planning Case 05-44 for Christensen Subdivision for 2 lots with variances to allow two flag lots as shown on the plans dated received December 2, 2005, subject to the following conditions: 1. A minimum of one tree (2 ½” diameter) is required in the front yard of each lot. 2. All areas outside of the grading limits shall be protected by tree preservation fencing. Fencing shall be installed prior to grading and excavation for homes on each lot and located at the dripline or beyond whenever possible. Any trees shown as preserved that are removed or damaged shall be replaced at a rate of 2:1 diameter inches. 3. Silt fence shall be installed along the grading limits along the east edge of the site from the north property line to the rock construction entrance. Two silt fences shall be installed in “smiles” perpendicular to the flow line upstream of the 18” CMP leaving the site to slow the water and prevent discharge of sediment from the site. Planning Commission Summary – January 3, 2006 7 4. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as needed. 5. Based on the proposed developed area of approximately 1.05 acres, the water quality fees associated with this project are $1,680; the water quantity fees are approximately $3,045. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $4,725.00. 6. Prior to City Council consideration of the preliminary plat, the following changes must be incorporated into the plans: a. All plans must be signed by a Professional Engineer registered in the State of Minnesota. b. The plans must show the proposed lowest floor elevation for Lot 1. c. A separate utility plan must be submitted and must resolve the apparent conflict of the existing 6” watermain over the existing sanitary sewer manhole on Lot 1. d. The utility plan must show the lateral sanitary sewer within the east-west portion of Golden Glow Court to the manhole within proposed Lot 1. e. The utility plan must show the sanitary sewer service to the Martinka property. f. A 20-foot wide drainage and utility easement must be platted over the existing 6” watermain on Lot 2. The easement shall be centered over the watermain. g. Drainage and utility easements must be platted over the existing sanitary sewer and watermain services to the house on Lot 2 and the Martinka property. The easements shall be 15 feet wide and centered between the sanitary sewer and watermain services. h. The utility plan must include notes where conflicts between services and/or culverts appear. 7. Prior to City Council consideration of the final plat, the developer must comply with the following: a. Hydrology calculations must be submitted and shall include pre- and post-development volume and peak discharge rates for the 2, 10 and 100-year rainfall events. b. Hydraulic calculations verifying the design of the driveway culverts must also be submitted. c. Any proposed retaining wall over four feet high requires a building permit and must be designed by a Professional Engineer registered in the State of Minnesota. d. Soil boring information must be submitted. e. The driveway to Lot 2 must be at least 10 feet from the property line. 8. Building Official Conditions: a. Separate water and sewer services must be provided for each lot. 9. Fire Marshal conditions: a. Comply with Chanhassen Fire Department Policy Premises Identification (Copy Attached). Planning Commission Summary – January 3, 2006 8 All voted in favor and the motion carried unanimously with a vote of 6 to 0. APPROVAL OF MINUTES: Commissioner McDonald noted the verbatim and summary minutes of the Planning Commission meeting dated December 6, 2005 as presented. Chairman Sacchet adjourned the Planning Commission meeting at 8:40 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim CHANHASSEN PLANNING COMMISSION REGULAR MEETING JANUARY 3, 2006 Chairman Sacchet called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Uli Sacchet, Kurt Papke, Jerry McDonald, Debbie Larson, Dan Keefe, and Mark Undestad MEMBERS ABSENT: Deborah Zorn STAFF PRESENT: Bob Generous, Senior Planner; Sharmeen Al-Jaff, Senior Planner; and Alyson Fauske, Assistant City Engineer PUBLIC PRESENT FOR ALL ITEMS: Deb Lloyd 7302 Laredo Drive Janet & Jerry Paulsen 7305 Laredo Drive PUBLIC HEARING: PUBLIC HEARING TO REVIEW AN ENVIRONMENTAL ASSESSMENT ADDRESSING POTENTIAL ENVIRONMENTAL IMPACTS OF THE PROPOSED DEVELOPMENT AND MAKING THE APPROPRIATE FINDINGS AND DECISIONS ON THE NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT; REQUEST FOR A CONDITIONAL USE PERMIT WITH VARIANCES; AND A SITE PLAN REVIEW APPLICATION TO CONSTRUCT A LOCAL ELECTRIC DISTRIBUTION SUBSTATION ON PROPERTY ZONED INDUSTRIAL OFFICE PARK, MINNESOTA VALLEY ELECTRIC, PLANNING CASE NO. 05-30. Public Present: Name Address Ronald Jabs 125 MVEC Drive, Jordan Dennis Wolf 125 MVEC Drive, Jordan Gene Kotz 17845 Highway 10, Elk River Carole Schmidt 17845 Highway 10, Elk River Sharmeen Al-Jaff presented the staff report on this item. Sacchet: Thank you Sharmeen. Questions from staff. Anybody? Kurt, go ahead. Papke: Okay. On the top of page 3 of staff report you’re recommending approval of a resolution of negative declaration of an environmental impact statement. This is a new one for me and could you please explain the conditions for granting such a negative declaration. How did we arrive at the fact that it was lawful and right to do this? Planning Commission Meeting – January 3, 2006 2 Al-Jaff: First of all the environmental assessment worksheet basically looks at given standards. Given criteria that we agreed upon, I believe it was a month ago. When we conducted the scoping of the EA. These elements were studied, were analyzed and there were no negative impact on the environment based upon the information that we gathered. There are some recommendations that were made in the environmental assessment. Based upon the information that we have in the environmental assessment, you really do not need to go into any further study. An environmental impact statement would take this entire process a step further and go into additional recommendations. Additional, it will take each impact. Analyze it further. We did not see the need for that in this case. We believe that the environmental assessment that we have addressed all of these issues. Papke: Where I’m coming from is, let’s take a case where we would have a disgruntled neighbor or something and they said okay you, the city planners and the Planning Commission approved this negative declaration. What is the legal basis for this? Can it be challenged? I’m just looking to make sure that you know this is all buttoned up and we haven’t left ourself exposed here to any kind of a challenge of this resolution of negative declaration. Al-Jaff: It has been published in the. Papke: Reviewed by the city attorney or anything like that? Al-Jaff: It has not been reviewed by the city attorney, however we have been working with the city attorney step by step to make sure that it’s published properly. It went to every individual, every agency that needs to review their, this environmental assessment. Give us their professional opinion and so far every comment that we have received has been, there’s no further need for additional review. Papke: Okay. Al-Jaff: And the public hearing process that you have before you today is another step in that direction. Papke: Okay. Second question and this may be, you may have to defer this one to the applicant. We’re stating here, we’re justifying the variance from the 500 foot distance by saying okay, the subject site is 200 feet from the mobile park and we’re removing the existing substation so it’s moving farther away. Okay, that’s goodness. But this is a great drawing of the new field strengths around the new substation and the wires but the one thing, it wasn’t clear to me from the staff report is, if I were to go out there with measuring instruments right next to that mobile home park, when we put up the new substation, we tear down the old one, is it possible that the newer substation is emitting more EMF? Is the level going to go down or stay the same or go up in the mobile home park when this is all said and done? And we’ll leave that for the applicant. Okay. Al-Jaff: I will let the applicant answer that question, and you will be pleased with that answer. Papke: Okay. That’s all I have. Planning Commission Meeting – January 3, 2006 3 Sacchet: Good question Kurt. Jerry, you have a question? McDonald: I’ve got a couple. The variances, I just want to make sure I know what we’re looking at. Okay, you want a variance for the distance and also we’re looking for a variance for the size because this is only 2.3 and you’re saying normally it should be 5 acres? Al-Jaff: Correct. McDonald: Okay. So that’s the two variances and the other is…or to accept the EA assessment so we don’t have to do an environmental impact? Al-Jaff: There isn’t a variance there. I’m just asking you to, based upon what we analyzed. What we read, all the comments that we have received, there is no need for additional studies to be conducted, and that’s where the negative declaration comes in. McDonald: Okay. And so there’s just two variances we’re being asked to approve. Al-Jaff: Correct. And they are variances to the conditional use permit criteria. McDonald: Okay, thank you. I have no further questions. Sacchet: Thank you Jerry. Any other questions? Dan. Keefe: I’ve got a couple. The 8 or the 10 foot conditional use, why do we need to go to 10 feet? Versus staying within the 8 feet. Al-Jaff: We’re trying to maximize the screening and if you give me one moment here. There was a 10 foot, 10 foot fence or a 10 foot wall. You will still be able to see some of the equipment. Basically maximizing the screening. Keefe: Yeah, I’m just talking where the. Al-Jaff: …yes they can. Keefe: Yeah, I was wondering about why not 12 feet to screen it all out versus. I don’t know where the 10 foot came from. Al-Jaff: We compare it to something that might resemble a building. There really wasn’t any other reason. Keefe: Okay. Another question on the wall, relates to the water. Can you kind of show where the water would flow on this site because it looks like that’s really an impervious wall. Al-Jaff: Alyson do you want to take that one? Planning Commission Meeting – January 3, 2006 4 Keefe: I guess both inside and out. Fauske: That was one of the comments in the staff report. Engineering brought up that here’s the proposed grading plan here and as you can see, north being this direction, this direction here, the sheet draining coming to the west, while that was one of our recommendations for approval, that they show us how to facilitate drainage, the sheet drainage from the pad to that infiltration basin at that location. And it’s a simply a matter of putting in a small depression with the structure underneath the wall. Keefe: And it looks like it’s, the site goes from what, east to west? Fauske: Correct. Keefe: So on the east side, where’s the water going to go when it hits the east side? It’s going to come down at that wall, right? Is it going to go around the outside or how is it going to flow? Fauske: Well the flow pattern will be, actually when you look at the grading plan here there’s a high point at this location and so you’d basically just have the pad only, for all intensive purposes, just the pad drains, sheet draining that location. Keefe: Okay, so the wall isn’t. Fauske: We’re not taking a large drainage area from there. Keefe: Okay. Fauske: And when we looked at, they did submit some hydrology calculation showing their existing and proposed runoff scenarios and their matching the existing that they’re putting in this infiltration basin which we also check for capacity given the soils out in that area. Keefe: Okay. Alright. Just a couple other questions. One, in regards to the notification on this. We had to notify people what, 500 feet? Al-Jaff: Correct. Keefe: Did that include the mobile home owners or? Al-Jaff: Correct, and the applicants chose to go door to door and knock on people’s doors. Yeah, they’ve truly done their due diligence to make sure that if there are any issues they have addressed them upfront. Keefe: So with this particular notification card that we send out. Al-Jaff: It was sent out to. Keefe: It doesn’t look like, I don’t know how many mobile homes but it, I don’t know. Planning Commission Meeting – January 3, 2006 5 Al-Jaff: It was sent to the owners of the park. I believe it’s a rental park and so. Keefe: Okay, so the owner of the property would have gotten, received the card. Al-Jaff: Correct. Keefe: And then they notified the homeowners of the units themselves. Al-Jaff: Correct. Keefe: Okay. Al-Jaff: I am not 100% positive that they are renters in these, but the owner of the property was notified. Keefe: Is that park in Chaska? Al-Jaff: Yes it is. Keefe: I just want a point of clarification. Are we required to notify people over city boundary lines? Al-Jaff: Everyone within 500 feet has to be notified. Keefe: Okay. Last question, and this is in regards to the environmental assessment. Are you aware of any environmental findings against Xcel? The Xcel station that’s already there. Al-Jaff: No. Keefe: Any jurisdiction on any environmental? Al-Jaff: It’s being, it was looked upon as a structure that will be removed and definitely an improvement. Keefe: But it hasn’t been cited for any environmental issues that you’re aware of? Al-Jaff: Not that I’m aware of, no. Keefe: Okay. That’d be all. Sacchet: Mark? Undestad: No. Sacchet: Debbie, any more questions? Planning Commission Meeting – January 3, 2006 6 Larson: Yeah I’ve got actually, the one that’s there currently that’s going to be taken down, I assume it looks that it’s smaller that what we’ve got going in. Al-Jaff: That’s correct. Larson: So I guess my concern was, and I’m sure the applicant will explain this but I just want to make a point of it that even though it is farther away from where the residents are, it’s going to be stronger than the one that’s currently there, I assume. Al-Jaff: I will allow the applicant to address that. Again I think you will be pleased with what’s happening. Larson: I’ll go with that. That’s all I have. Sacchet: Okay. On the staff report on page 8, your statement, finding 2.4. The proposal will be an improvement to the planned neighboring uses. Other than the removal of the Xcel substation, are there any other improvements that you could list? Al-Jaff: You’re taking out a substation. You’re replacing it with landscaping. It really is going to clean up the area. Sacchet: So that’s aesthetic solely? Al-Jaff: From an aesthetic standpoint I think that it’s going to be a great improvement. Sacchet: Okay. Then there is some mention of lighting. There’s actually also a condition on lighting. We need lighting plans. Al-Jaff: I didn’t see any, I contacted the applicant. You know if there was anything such as a security light, motion light, we need to make sure that we take a look at these plans. That they meet ordinance requirements. Sacchet: And that’s still pending at this point? We can ask the applicant. Al-Jaff: Yeah. Sacchet: Yeah. And under the conditional use permit for the fencing we say security fence. Does that mean the chainlink fence as well as the wall? Al-Jaff: Correct. Sacchet: That covers both? Al-Jaff: Yes. Planning Commission Meeting – January 3, 2006 7 Sacchet: Okay. Just want to be clear about that. Al-Jaff: And one of them is more aesthetic than the other. Sacchet: Indeed it is. That’s all the questions I have, thank you. Thanks Sharmeen. With that I would like to ask the applicant, if you want to come up and add to what we’ve heard from staff and we may have a few questions for you, as you already heard. If you want to state your name and where you’re from please, for the record. Ron Jabs: Yes, very much appreciate the opportunity. My name is Ron Jabs. I’m with Minnesota Valley Electric and with me this evening I have Denny Wolf with Minnesota Valley Electric, Gene Kotz which is with Great River Energy and Carole Schmidt who is also with Great River Energy. I guess I’d want to point out that Carole did a considerable amount of research in responding to the EA portion and so she’s our expert when it comes to those sorts of things. I guess I’d like an opportunity to respond to some of your questions. Hopefully I can answer them but there probably are some other things that I’m going to defer off to my other experts that I’ve got along here so. Should I? Sacchet: Go ahead. Ron Jabs: Okay. I just threw together some scratchy notes here but one of the key things, well let me start out in essentially the site right today is an old gravel pit, basically unreclaimed and uneven terrain and so forth and of course that will be cleaned up in that process. There are also two sets of transmission lines that run right across the site where the substation will be placed. Right underneath that transmission line. The substation itself, just the mere fact that there’s a transformer within it doesn’t really create any strengthening of the EMF potential, and one of the things that is quite important to understand, I’m not sure exactly where our spot is here but this demonstration here just uses a copying machine as an example. Basically if you go up to any outlet within your home, any electrical appliance is going to emit a certain amount of EMF. The point being that if you’re only 6 inches away from this copying machine, you’ll probably have around 90 milligauss. However if you get out to 4 feet you’re down to 1 milligauss so it dramatically decreases. By the same token within our substation we have the transformers and gear and so forth centered within that, but once you get to the perimeter of the property, the levels are, equate to normal background level so they aren’t really any higher once you get off of the acreage. Maybe one thing I should point out is that we are, we’re developing a 2.3 acre piece of property that we acquired from Gedney. We also acquired an additional half acre, .5 acres from Xcel and we’re actually, although we’re not merging the legal descriptions together, we own both parcels and the entire complex will be landscaped and incorporated. The mobile home court right now has a 69 KV transmission line that goes across it. It has a 115 KV transmission line, and a 230 KV, and quite frankly those influences far exceed the influence of the new substation that is going in. The mere fact that we’re getting rid of the old substation removes it away from the mobile home park. It also removes it visually from right off of Stoughton Avenue, and our landscaping and so forth that will be incorporating is going to significantly hide it. The fact that there’s about a 10 foot wall there will pretty much cover up a majority of the equipment. Most of the equipment is about 12 foot tall. There are a couple of incidental pieces that get 15, maybe even 17 foot tall but most of it is, well it’s modular in nature and pretty well Planning Commission Meeting – January 3, 2006 8 low profile so we do expect that that will do a good job of blocking the view, plus the trees and landscaping that it will be breaking it up. Typically this is the first time that we’ve gotten into a wall type situation on, I think we’re up to like 13 substations or so on our system. This will be the first wall. Typically we’re only about 8 foot, well by code we have to be at 8 foot for security and keeping animals or kids or whatever out of the premise. I guess we do feel the 10 foot is adequate. I guess you could argue pretty much any height. It’s probably an endless kind of a question there but, one point was made about the watershed and the way this is designed, basically it’s a pier channel. A pier with channels in it and the walls actually float in that channel but the whole bed of the substation, including an extension out around the substation is a course gravel rock. And so any rain that would drop within the substation will flow naturally slowly out of that and then travel the normal courses over land into these retention ponds and so forth so it won’t be caught within, to any great degree. It will through this course rock it will actually filter out across the property, so hopefully that is satisfactory. If not, if we need to make some special piping or something like that we could do it but we didn’t anticipate a true need for that. In terms of lighting, we don’t show any. It wasn’t necessarily included. We do have substations where we do have a, now a downcast security type light. It might be nice to have one of those within. It’s not a make or break kind of a thing but if we did have that, if it were necessary we could have a switch on it but at this point nothing is, nothing is proposed so that’s why we haven’t included anything in that, addressing that. There probably were other questions but hopefully that addresses a few of them. How else can I? Sacchet: Thank you. Any other questions from the applicant? I think you addressed them very well. Yes Mark, go ahead. Undestad: Actually you answered one of my questions, was how many of these have you done with this wall system around there. The other question I had in that, most of these are left open or with chainlink fence or cyclone fence. Are there any concerns with locating this down there where the only chainlink area goes out to the woods and now you’ve got a nice 10 foot wall encasing all this down there with no lighting? Going to be climbing around in there but, a 10 foot wall. Maybe a 12 foot wall. I don’t know. Ron Jabs: It’s been used on other systems, other electric utilities have used the 10 foot and I think that’s where the number came from initially. It was felt that that was high enough to comply with the National Electric Safety Code and so forth. Undestad: So are they going to have security lighting in there or something? Ron Jabs: Yeah, it probably wouldn’t hurt to have lighting. We appreciate the idea of using the downcast type lights versus something that’s going to disperse out and affect the neighbors. Highly unlikely because of the nature with you know, cemetery there and Gedney. I don’t see that we would have any concerns. As things develop to the north being commercial, they’re going to have some lighting as well. It’s far enough away from the mobile home park that I wouldn’t expect it to have any impact but you know. Like I say, in some of our substations we do have them and there are some advantages to having that in there. One of the reasons that we did want to have at least one site open is that air flow into the area around the, into our, around our transformers is beneficial. It was all dead air. There’s no other exchange of air other than Planning Commission Meeting – January 3, 2006 9 going out the top. It tends to heat with them and so that is also another reason for having one side open. Undestad: Okay. Sacchet: Any other questions? Yes Kurt. Papke: In the landscaping plan, you currently don’t meet the code requirements for like I think you intend to up your tree count somewhat in order to meet that? Ron Jabs: It was suggested and one of the concerns that was pointed out in the write up is that, tall trees can grow up and interfere with the transmission lines from a maintenance and a reliability problem, and so it was proposed that we put some understory, some additional understory type shrubbery in there and quite frankly I forgot if we had prepared a drawing of that nature or where we’re at with that. Denny Wolf: I’m Denny Wolf with Minnesota Valley Electric. I’m not, I think, I thought we had met everything that required but we’ll review if we need to put more shrubbery and stuff in there, we’ll take care of that. I know we’ve had fun working with Sharmeen and her, people from the city here so… Sacchet: Thank you. Dan, you have a question too? Keefe: Yeah, just one quick question that I asked staff and I’ll ask you as well. Are you aware of any environmental findings against the Xcel facility there? Denny Wolf: We are the, we would have the same concerns being that there was an unknown nature what was happening in there. Both a Phase I and a Phase II environmental study. The Phase I we’re just basically looking at the area, is there any possibility. And because of the aerial photos taken back in about 1940, we could see where the depression was in there and what work had been done there. It looked like digging and I think as Ron mentioned, there’s probably just a gravel area in there. So we did a Phase II in there whereas we went in, dug up the site. Took the soil samples around various points in the site there and that’s from the Gedney property and that all came out okay. We also were concerned with the Xcel site there because of previous oil containment in the area there. We also did a Phase I and a Phase II in there where they analyze soil in there and those all came out okay. They’re well within the limits of the area there so. I was going to bring the report along. It’s a very lengthy report but I would have them just give us a cover letter too… Basically we don’t have to do anything else in the area. Everything is okay as far as they’re concerned according to the environmental study. Sacchet: Excellent. Thank you very much. Did you want to add anything else or? Ron Jabs: The only thing maybe I should highlight, since he brought up the environmental. There is a, Carole has prepared the EA and there’s an index and there is, there’s a multitude of different agencies that we’ve already gone through DNR and quite a number of different agencies and most of those have opportunity to respond and indicated that there’s really a lack of Planning Commission Meeting – January 3, 2006 10 any concerns whatsoever. I guess if you want to, if you’d like to get into the specifics, I’m sure Carole can address more of how it’s. Sacchet: Do you want to give us a 2 minute summary Carole? Carole Schmidt: I can do that. We contacted, I’m Carole Schmidt… We contacted several agencies. The Corps of Engineers, Fish and Wildlife Service, Department of Natural Resources... The Corps indicated that they did not require a permit. There are no wetland issues on the site. The Fish and Wildlife Service indicated that the bald eagle is documented in Hennepin and Carver counties but not in this particular location, and that the project would not adversely affect the bald eagle. The DNR, which runs a sensitive area…and there were some known occurrences of rare features in the area, but it’s pretty close to the river and they said at this particular site they wouldn’t see that it would affect any of those resources. So the DNR signed off. There were no properties eligible for historical, the register of historical places. And the construction would not affect any prime farmland soils according to the NICS. So it’s really, if I were to pick a…it’s a pretty prime location. It’s tucked away and actually the mobile home court is…the road so they’re not going to be able to see it very much anyway, especially with that wall up there. So I thought it was a very good site from an environmental standpoint. Sacchet: Thank you very much. Alright. With that, I’d like to open the public hearing. If anybody here would like to comment to this, please come forward now and tell us if you have something to say. Seeing nobody getting up, I assume there’s nobody that wants to address this item. I’ll bring it back to the commission for comments and discussion. Any comments, discussion? Are we all clear about everything? I have just one little comment. In the staff report, let’s see where it was. Page 12. When it looks at the findings for the variances, which is the size of the acreage as well as the setback. The first criteria that we look at is whether there’s a hardship and staff report doesn’t necessarily touch on hardship. It just tells about the reasons why it’s alright, and I would actually say it would be a hardship to enforce the code under the circumstances. Just to address that straight on. I think that’s the only comment I have. Does anybody want to make a motion please. Papke: Mr. Chair, I’d like to make a motion that the Planning Commission recommends approval of Site Plan 05-30 for an electric substation as shown on the plans dated Received September 2nd and November 30th, 2005 with variances to allow access off of Stoughton Avenue, maintain a 200 foot setback from existing residential neighborhood and construct a facility on a 2.35 acre parcel based on the findings of the staff report subject to conditions 1 through 6. I also like to recommend approval for Conditional Use Permit 05-30 for the construction of the electric substation and a 10 foot wall with the one condition as listed in the staff report, and also recommend the City Council approve Resolution declaring no need for an Environmental Impact Statement for the Minnesota Valley Electric substation. Sacchet: Thank you Kurt. Do we have a second? McDonald: I’ll second. Planning Commission Meeting – January 3, 2006 11 Sacchet: Any friendly amendments? Actually I wonder whether for the site plan recommendations, condition number 2. Whether we should specify the plans must identify the proposed drainage outlet? I mean outlets is little bit, could be outlet for different things, even though it talks about drainage at the end. Could it be misunderstood? Fauske: If I could Mr. Chair. Sacchet: Please. Fauske: A recommendation would be that the applicant submit some information regarding their proposed material for their pads to, so staff can verify that there is positive drainage across. Sacchet: So then the friendly amendment would be that condition 2 would be replaced by the applicant will provide additional information about drainage to staff for further review. That would it suffice with that? Fauske: Yes it would. Sacchet: Okay. Is that acceptable Kurt? Papke: Yes. Sacchet: I assume there are no more other friendly amendments. Papke moved, McDonald seconded that the Planning Commission recommends approval of Site Plan 05-30 for an electric substation as shown on the plans dated Received September 2nd and November 30th, 2005 with variances to allow access off of Stoughton Avenue, maintain a 200 foot setback from existing residential neighborhood and construct a facility on a 2.35 acre parcel, based on the findings of the staff report subject to the following conditions: 1. Building Official Conditions: a. Permits are required to construct the perimeter wall and fence. b. The plans must be prepared and signed by design professionals licensed in the State of Minnesota. 2. The applicant will provide additional information about drainage to staff for further review. 3. Annual maintenance shall be performed on the infiltration basin so that it will function as modeled. 4. The applicant must meet minimum ordinance requirements for bufferyards and submit a revised landscape plan to the city for approval. Planning Commission Meeting – January 3, 2006 12 5. Overstory plantings shall be added to the understory totals for bufferyard plantings. 6. Detailed lighting plans shall be submitted including photometrics and type of light fixture. The ordinance requires no more than 0.5 foot candle at the property line. Only downcast shielded fixtures are allowed as required by ordinance. Any security (motion detection) lighting should also be shown. All voted in favor and the motion carried unanimously with a vote of 6 to 0. Papke moved, McDonald seconded that the Planning Commission recommends approval for Conditional Use Permit 05-30, for the construction the electric substation and a 10 foot wall with the following condition: 1. A security fence as specified in the National Electric Safety Code shall surround the Distribution and Underground Electric Distribution Substations. All voted in favor and the motion carried unanimously with a vote of 6 to 0. Papke moved, McDonald seconded that the Planning Commission recommends that the City Council approve a Resolution Declaring No Need for an Environmental Impact Statement for the Minnesota Valley Electric Substation. All voted in favor and the motion carried unanimously with a vote of 6 to 0. PUBLIC HEARING: JACOB’S TAVERN: REQUEST FOR SITE PLAN APPROVAL FOR A 6,808 SQUARE FOOT RESTAURANT BUILDING ON 2.02 ACRES LOCATED AT THE SOUTHEAST CORNER OF HIGHWAY 5 AND CENTURY BOULEVARD, TRUMAN HOWELL ARCHITECTS, PLANNING CASE NO. 05-40. Public Present: Name Address Truman Howell 17815 Hutchins Drive, Minnetonka Jacob, John & Joan Howe-Pullis 1385 Wildflower Lane, Chaska Scott Thorpe 6716 Point Drive, Edina Bob Generous presented the staff report on this item. Sacchet: Thanks Bob. Questions from staff. Yes Jerry, do you want to start? McDonald: Okay, you talk about the gables. What’s the difference between what you’re proposing and what we have on these drawings? Generous: It’s just the type of roof element. Instead of having, a shed dormer has this flat roof that comes off the building. What I was proposing was that they provide gables, basically taking Planning Commission Meeting – January 3, 2006 13 this element and putting it above the windows so you’d have separate units. It would help to maintain, what we were looking at was the continuity of these peak elements and also this elevation. However again the applicant provided this type of roof treatment specifically and I want them to be able to address that to you. McDonald: Okay. The only question I have. Sacchet: Debbie. Larson: How about, before you go away. Sorry. So, is it just a design feature or is it a feature of how it functions? Generous: It will be aesthetic. A design feature on this. So both of them. Larson: Okay. So it’s your opinion against their’s at this point? Generous: Correct. Larson: Okay. Keefe: I’ve got some. Sacchet: Go ahead Dan. Keefe: Am I next? Sacchet: Yeah. Keefe: Okay. You know on page 2 and you talk about the height of the roof is 37 feet however the building height is calculated as 29 feet, since by code only half the roof height is included in the building height calculation. I’m not sure I understand what that was intended to mean. Generous: It’s just a technicality. We say that the building height is 29 feet but it’s actually, if you go to the peak of the roof, it’s 37. Keefe: But you don’t take the 37, you just go. Generous: No, because you take out half of that roof elevation basically… Keefe: Okay. Then. Generous: Either way it complies with the ordinances. Keefe: The façade transparency section on page 5, I’m not sure what is meant by that. It says due to the use of a wrap around veranda, almost 100% of the western elevation, visual transparency is viewed by the public. I’m not sure what. Planning Commission Meeting – January 3, 2006 14 Generous: Well normally when we look at a building, if you take this north elevation we would only, we would count this entire space and this would have no transparency. By adding these elements you’re creating an outdoor room and so you’re giving that depth of visual perception of looking into a building so you have the opening that would be required under our ordinance, and we only say half of it and they provided an entire wall basically with that opening. Keefe: I see what you’re saying. Alright. The parking easement for the use of 9 stalls with Holiday Inn Express. What are the hours of operation that they’re proposing for the restaurant, do you know? Generous: I’m not sure. Maybe you can ask the applicant. Keefe: Yeah, I guess the one question I have in regards to that would be whether, I’m not sure whether the Holiday Inn is ever at capacity in the evenings and whether we may end up with some capacity issues on that site for parking. What’s your sense on that? Generous: Well to date whenever I’ve been out there, there’s lots of vacant empty space. Keefe: Right. Yeah, but if this restaurant, say this restaurant really takes off… Generous: Hopefully they’re also staying at the hotel and restaurant and visiting other facilities, and that’s the whole idea that this is very convenient for the hotel to have this there. People can be staying there and you’re walking over and then they take up space so if someone came there, theoretically couldn’t go in anyway. Keefe: Right. The intersection, in terms of the level of service, I mean currently is that, what is that intersection? Are we talking about the corner of Century and 5? Generous: No, it’s the median opening that, for the two driveways off of Century. Keefe: So if one goes over to the daycare facility…use the bank right, and is that a straight curb cut then? Generous: Yes. It’s straight across from, this is like an intersection and initially staff was concerned about that. What the turning movements and so right now it’s still operating at an A, very good level of service but you don’t have full development out there. Keefe: Alright. How is the 5, and I know we talked about this a little bit I think when Lifetime came in, in terms of the level of service of 5 and Century. How is that intersection operating? Generous: I believe it’s still good. Actually, one of the future items we’re going to look at is past traffic studies and what’s the reality versus what was… Keefe: So adding this particular use. Planning Commission Meeting – January 3, 2006 15 Generous: It was contemplated under the entire project and those improvements out there were designed to accommodate that. Our only issue wasn’t at 5 and Century. It was down in the site. Keefe: Right because if you get a lot of people turning in at a particular time, and they use the restaurant and/or the hotel, you’re going to back up potentially to 5. Generous: And that was the movement that was the worst was the left turn out from the retail on the west side of Century from the original studies. Keefe: Okay. But at least as we know now, the traffic patterns are still operating pretty well and we don’t anticipate that this, we don’t know exactly what will happen but what we think might happen isn’t going to degrade it substantially or what do we think? Generous: We don’t believe it will but we wanted to continue that condition 4 just because they were, the applicants weren’t involved in that original subdivision. We wanted to make sure they were aware that this had been an issue at one time. Keefe: Let me just take it one step further. If we find out, and how do we determine whether it’s operating fully or not? I mean just the number of people or accidents or? Generous: Alyson maybe. Fauske: At one of the future Planning Commission meetings staff would like to get Planning Commission’s direction as far as what you would like to see as the follow-up on some of these traffic reports that we’re getting for some of these sites. That’s one of the questions that we’ll get direction from you at a later date. As far as answering your question, how do we determine that, that’s something we can discuss at that meeting but it would require a traffic count. Typically what we get in traffic counts right now is just straight through traffic. We don’t get turning movements, so we would have to look at putting out some more traffic counts to count the thru traffic. The turning movements and such and from there determine the level of service. Keefe: Okay, so in order for the condition that you’ve got in here which would, what would happen if the condition was found to be a level of service that wasn’t appropriate? Wasn’t good. We’d not allow that curb cut? Would we put in a semaphore or some sort or what would be the? Fauske: Well, we could look at the recommendations from the original traffic report and then as far as the costs are concerned, it says the businesses in there are assessed 100% of that cost so the taxpayers will not be incurring any of those costs. Keefe: So it could be that that median becomes solid all the way across in the long term but I can’t imagine that wouldn’t, either you’d have to get all the business’s agreement to that right? Generous: No, it’s not based on this. It would be true through the review of the, or accidents or stacking. You know instead of closing it completely, a directional turn may be one of the results of it to eliminate some of the conflicting turning movements. Planning Commission Meeting – January 3, 2006 16 Keefe: Alright. Good, that’s it. Sacchet: Kurt. Papke: I guess it’s great to see a project like this come to Chanhassen but I’m really struggling with the fake silo. What kind of feedback have you received on the aesthetics of this silo? And you know, it just seems very incongruous and I’m a little concerned with the big berm there. It’s going to look like a missile silo peaking over the top of the hill. I’m just curious if you’ve received any feedback on the aesthetics. Generous: I’ve had it both ways. Some people don’t like it. Others say you know, the site used to be a farm site so it sort of goes back to that heritage. Papke: It also harkens back to the other fake silo on. Generous: The one up here on Village on the Ponds, yes. That’s what I looked at when I saw that. Oh, finally book ends to the community. Just a little bigger. Actually there’s different things they can do with this you know. Maybe it’s a decorative element and during the holidays with lights on it. Papke: On a not totally unrelated vein, is there any need for any lightning antenna because this might be a great candidate for a lightning strike there. Generous: We can have the applicant, architect answer that if you don’t mind. Papke: Okay. What, is there any city code or regulations surrounding that sort of thing? I don’t recall. Generous: There may be building code requirements and that our building official would review and the architect may know. Sacchet: Is that it for questions? Yeah, I think what’s left of question is for the applicant so with that I’d like to ask whether we have an applicant. If you want to come forward please. If you state who you are. Where you’re from and if you want to add anything to what staff presented and we may have some questions for you. Truman Howell: Thank you very much lady and gentlemen of the Planning Commission. My name is Truman Howell. Truman Howell Architects and with me tonight I have the owners of the project, John and Joan and Jake Pullis. They’re here tonight to observe our city in motion. The comments I think I can try to address any questions that you have. We probably will maybe have some disagreement on some aesthetics apparently but the initial direction from my clients was that we take the vernacular of the area, the upper Midwest and do something unique with it. Something stylized. I’m not sure you’re aware that the silo is not a closed structure. It is open, as well as the peaks on the top of the back portion of the building. Those are also open and in steel. The idea quite frankly for those came from French cities, and I don’t know if you’ve seen photographs or been there or whatever, but there were many French towns that had for steeples Planning Commission Meeting – January 3, 2006 17 on their church, these very lacy and very nice steel, just steel cupolas and tops. And so when I was dealing with the farm feel or the farm look to this, it suddenly dawned on me, if that silo, is a strong element but to make it useful and attractive we would open it up and we’d put some fabric at the top and so that fabric at the top of that, not metal. Okay? So we’re trying to keep it light. In reference to the windows, the, and I don’t know if we can use either one of those I guess. What I would like to do, can we look here? Okay. You’re moving, I’m moving. Great, okay. If you can imagine now this building is going to be seen in 3 dimension so you’re not going to see ever probably this face just as you see it here. So when you’re arriving you’re going to be seeing this enormous cupola or basically an A-frame looking element. And as you come around the building then you begin to pick up pieces of this. Now if you’ll take a look, and if you were, imagine in your mind that you’re going to take those 3 windows and you’re going to put dormers on them. Now all of a sudden in my mind it takes away from anything we’re doing with the silo and anything we’re doing with these two elements on the back. We wanted to keep it low key and something that would enhance the look of these other elements there. And so that’s why we didn’t use that. As a matter of fact in one of the early designs we did use some dormers. We put them in a somewhat different location but again it began to be what we see, what I see a lot of today which is dormers on top of dormers on top of dormers on top of dormers, and I finally, I rebelled and fortunately my clients agreed with me. So we’re casting no aspersions to anyone else’s feelings about it because I think you know aesthetics is always very personal. I understand that that is another way to do it. We happen to choose to do it this way and we think it’s simplifies an otherwise potentially very busy element. In terms of the parking, cross parking for the restaurant and the hotel. You’ll find throughout the country that hotels want restaurants and restaurants want hotels and they do, the timing works out well for them. I’ve done about 200 hotels and boy, let me tell you. Every time there’s one, the first thing you look for is where that’s restaurant to go next to it. And well we’ve all done that when we’ve traveled, and so I think that, and certainly the parking part of that, while there are some situations where it is not good, this one in my mind and in my experience is going to be very adequate to handle both functions, because they really will be working at somewhat different times, even though they do overlap slightly. I’m open to questions. Sacchet: Any questions from the applicant? Mark. Undestad: Yes. With the gable up on the roof there, the length of that upper windows across there. Truman Howell: Yeah. Undestad: Okay, if you’re looking at that, the length of that and you were to put that gable on there, how tall would that be? Truman Howell: On all 3 of them or 3 of them individually? Undestad: Well, what were you thinking Bob? 3 individual or one? Generous: I was thinking of separate, individual ones. Planning Commission Meeting – January 3, 2006 18 Truman Howell: Well, boy I just don’t, I see if you put them compatible with the, say the two elements on the left hand side there. You’re going to be coming pretty close to the peak I would think. Undestad: Right, so that’s why I’m looking at here when you kind of pencil that out on your peak drawing, if you brought those up, that kind of comes almost to the top of there. Truman Howell: Yeah, yeah. Because I don’t think you’d want to, I don’t think you’d want a low one. Similar to the slope on the bottom there. Again in my mind but. Undestad: And I think you’re right. It’s that vision coming straight into. Truman Howell: Yeah, because that’s going to be a ponderous thing coming in the front of it. You’re really looking at something, this thing is very strong. Undestad: And the top of the silo you said was a fabric. Truman Howell: Yeah. Undestad: What type of fabric? Just a canvas? Truman Howell: What does Hoigards make? Awnings, yeah. Larson: So does that need to be replaced at some point? Truman Howell: Sure. Yeah. Yep, probably. Get Bob up there and change it. Sure. I’m sure it will over time. It will fade. I have one over my office entry and we’re due. Been a couple-3 years. Sacchet: Any other questions? Kurt? Papke: Lightning rod? Truman Howell: Oh, oh lightning rod. You know I don’t know. I’m sure our electrical engineer is going to ground this baby. I know you’re right. Maybe we’ll, I wonder if the radio station, do you have a radio station? We could do that but I definitely, if that’s a requirement by any code, believe me there’s no way in the world we want people in a hazardous situation, and we definitely will look into that for you. John Pullis: I wonder if the commission understands the functional aspect of the silo. Truman Howell: Oh, sorry. That was a big part of the design. Thank you John. Well, if you look at the plan, it’s on A-1 on your drawings. Here I’ll try to, this is a very light drawing on the screen. Can you see that? Okay. Now do you see up towards this upper left hand portion. See this element here? Okay, that is the bottom of the silo. Those individual pieces are the steel that starts at the core there, and goes up, and it actually frames 3 fireplaces. The one fireplace is at Planning Commission Meeting – January 3, 2006 19 the bar area. The second fireplace is in the waiting area. The third fireplace goes out onto the deck, which then based on the site plan you go right out to the, I think Bob displayed or talked about the fire pit outside, and so that is all related and that’s why, that’s kind of, I should have said that’s part of the silo. Larson: Is there like a skylight or something or does it just come out of the smokestack? Truman Howell: No. No, it comes right out of the roof. Sacchet: So you can have sausages and smoke them. Truman Howell: The lighting is going to be fabulous around that. It’s going to be amazing. You should see his menu. His menu is unbelievable. Sacchet: Yeah, what’s the menu? In fact I want to hear, what kind of restaurant are we getting here? Wow, they come prepared. No kidding. I’m impressed. I love it. Truman Howell: Yeah, this will make your mouth water. This stuff is. Larson: And then does the Planning Commission get like a free meal there? Sacchet: Now we’re getting in trouble. Truman Howell: It might have something to do with the outcome this evening. Sacchet: I have another question for you. Site furnishings, like staff made a statement that they’re assuming there would be a good weather seating during the warm season on the patio. Is that an accurate assumption? Truman Howell: Sure, yes. Sacchet: And then there’s actually a condition about site furnishings, benches, bicycle racks, tables, I guess that’s a given because we want to confirm with you where you stand with that. Truman Howell: Not a problem. Sacchet: No problem there. Joan Pullis: We don’t have numbers on that. It’s not specified how many bike racks or how many benches or… Sacchet: I think that’s for you to figure out. Truman Howell: We’ll be able to do that. Sacchet: Yes Kurt, you have something more? Planning Commission Meeting – January 3, 2006 20 Papke: The fire pit, any safety issues with the fire pit? Is there going to be any kind of railings or what? Truman Howell: Yes. There is a railing around it, and I think it shows on the site plan if I’m not mistaken. Oh boy. Okay. Now this larger circle is actually the fence around it, so nobody can just walk up. The fire pit itself is actually a raised element so it’s not sitting down in a pit. No, you can’t fall into it. You walk around it. Actually they’re commercially made now. I was amazed. McDonald: I have one question for you. On the skylight, or on the lights. The function is as a skylight, help light that forward area. It’s the 3 windows that we’re talking about. So we’re talking about dormers, okay. Thank you. Sacchet: I’m studying the menu. Forgive me. Keefe: Do we know what the hours are? Truman Howell: Ah, that was a question, was there not? I think it’s noon on, right? John Pullis: No, we’re open earlier. 11:15. 10:00. 10:00 or 10:30 maybe. Keefe: I have a question in regards to the site plan. It references in the report about needing to tie into the existing paths. There’s a path system on the south side and on the west side. Truman Howell: Yes. Keefe: And I’m not seeing where you do that on your plan. Maybe you can kind of. Truman Howell: I can show you where those are. This is a sidewalk here. Here’s the drive under for the hotel, okay? So you’re probably familiar where it actually exists. Across that driveway, this is the driveway here. Across there is this upper, or the northern walkway. It actually walks clear around this enclosed outdoor area, and comes around to the front of the building. On the south side it goes past the entry into the dumpster area, trash enclosure area and goes along side of that and along the south side and across and up to the front, as well as if you can follow my finger here, going across here. Across the parking lot, out to I believe there’s a walkway. Keefe: Okay. And then that walkway will then tie into the, ties into that path on the south, is that right? Generous: Well there’s nothing on the south. It goes to Century. Remember there’s a sidewalk on the, or a trail on the both sides of that. And then just to the south, there’s a trail system around the wetland complex that is part of the 6th Addition we had the developer put in and it tied it over to the east side which had been started with Autumn Ridge development. Planning Commission Meeting – January 3, 2006 21 Keefe: Right, so in regards to tying into that trail system, the way that we would tie into it has really gone to the west here. Generous: Right, out to Century and then down. Keefe: Via this walkway which essentially is a walkway through the parking lot and then across to the sidewalk, correct? Generous: Right. Sacchet: Any other questions from the applicant? Anything more you’d like to add from your end? Truman Howell: Nothing. Sacchet: Thank you very much. With that, I’d like to open the public hearing. If there’s anybody here that’d like to address this item, this is your turn. Seeing nobody that gets up, I’ll close the public hearing. Bring it back to the commission for comments and discussion. Any comments? Any discussion? Larson: A comment. Sacchet: Yes, go ahead Debbie. Larson: Okay, regarding the windows. Okay, I’m a designer by trade so I’m looking at this and I’m thinking I really like it and I’ll tell you why. What they’ve done is they’ve taken an old idea, an old concept that to me looks like an old farm house or an old church or an old something, and they’ve put a modern swing to it. And it looks a bit more contemporary on the side, which brings it up to current times and that’s why I personally like the flat window look because like the applicant, or architect. What are you? Sacchet: Architect. Larson: Architect said. You’ve got round. You’ve got square. You’ve got you know that cupola. But this particular site tends to have more of a modern look to it to me and the front tends to be more old fashion looking and I think it’s just a wonderful blend of both. So as it stands, the silo is a little puzzling to me other than the fact that it’s kind of cool looking and like you said, bookend for the other end of the city. I think it’s neat so with that said, I think it’s wonderful. Sacchet: Any other comments? Jerry. McDonald: Well I guess the only comment that I would make is that you know the whole thing about the windows to me is a design issue. I don’t know the first thing about design. I say that’s up to the applicant to put in what he wants at that point. There’s nothing in the code that I’m aware of that would really dictate that we get into this. So I guess I see this as more of a non- Planning Commission Meeting – January 3, 2006 22 issue. You have a silo and it’s an interesting concept. So I really have no problems with the design of this. I mean it meets everything as far as code. It’s probably going to fit in at that area. We’ve got a lot of different architecture going on down there and I think this kind of helps to stand out a little bit and also this with the silo, the one thing you’ve got going for it, it will become a landmark. So you know, from that standpoint I’m perfectly acceptable with the plans. Sacchet: Thanks Jerry. Anything else? Just to echo a little bit the design part. I think that’s, in this case is I would think is an applicant thing. I would also point out that from the western elevation, it actually the harmony with the flat roof is a nice touch, and that’s really the main elevation that’s going to be seen. Whether we have the dormers, I think would actually take away from that look that you put together there. So I would think that condition number 4 could be struck out. And it’s just wonderful to see a restaurant coming in there. Really excited about that. So I’d like to have a motion. Yes, you have another point or? You want a motion. Go ahead Jerry. McDonald: I make the motion that the Planning Commission recommends approval of Site Plan Planning Case 05-40, plans prepared by Schoell & Madsen, Incorporated dated November 10, 2005 for a 6,808 square foot restaurant on Lot 1, Block 1, Arboretum Business Park 6th Addition, subject to the following conditions, 1 through 35. Sacchet: 31. McDonald: 31. And I would accept a friendly motion about number 4. Sacchet: So you strike out number 4? Okay. We have a motion. Is there a second? Larson: I’ll second. Sacchet: We have a motion and a second. Any friendly amendments? McDonald moved, Larson seconded that the Planning Commission recommends approval of Site Plan Planning Case #05-40, plans prepared by Schoell & Madsen, Inc., dated November 10, 2005, for a 6,808 square-foot restaurant on Lot 1, Block 1, Arboretum Business Park 6th Addition, subject to the following conditions: 1. The applicant shall enter into a site plan agreement with the City and provide the necessary security to guarantee erosion control, site restoration and landscaping. 2. A recorded parking easement for the benefit of Lot 1, Block 1, Arboretum Business Park 6th Addition for the use of nine stalls on the Holiday Inn Express site (Lot 2, Block 1, Arboretum Business Park 6th Addition) is required as part of the site plan. 3. The developer shall install site furnishings including benches, bicycle racks, and tables. 4. All signs shall require a separate sign permit. Planning Commission Meeting – January 3, 2006 23 5. Mechanical equipment, either roof-mounted or at grade, must be screened. 6. The building must be protected with an automatic fire sprinkler system. 7. The building plans must be prepared and signed by design professionals licensed in the State of Minnesota. 8. The building owner and or their representatives shall meet with the Inspections Division to discuss plan review and permit procedures. 9. Pedestrian ramps shall be provided in all locations where the sidewalk ends at a curb. 10. The full access driveway onto Century Boulevard is allowed. However, should the driveway cease to operate in a safe manner in the opinion of the property owners of Lots 1 or 2, Block 1, Arboretum Business Park 6th Addition, or Lots 1, 2 or 3, Block 1, Arboretum Business Park 4th Addition, or if any of the following conditions are met, the property owners of Lots 1 and 2, Block 1, Arboretum Business Park 6th Addition and Lots 1, 2 and 3, Block 1, Arboretum Business Park 4th Addition shall be assessed 100% of the costs incurred to correct the conditions in a fashion acceptable to the City of Chanhassen: a. Level of service “F” at the intersection during peak AM and PM times. b. Level of service “D” or below at the intersection during non-peak times. c. Significant accidents that are attributed to the configuration of the intersection occur that indicate a mutually recognized safety concern at the intersection. 11. The slope located along the southern property line shall be seeded with a native grass mix and left natural. The applicant will be allowed to mow along the parking lot and trail if necessary. 12. Storm water calculations shall be submitted to ensure the existing downstream storm water infrastructure is sized adequately for the proposed development. 13. Two details for silt fence are included on the detail sheet. The old detail for silt fence (Detail 5300 last revised January of 2003) should be removed from the detail sheet. The plans should be revised to show inlet protection around all storm sewer inlets. 14. Wimco-type inlet controls should be specified for inlet protection. Inlet protection shall be provided for existing catch basins immediately adjacent to the project. 15. During installation of the proposed storm sewer infrastructure to the existing storm sewer, temporary caps or plugs should be provided until the installation of the pipes and inlets are complete. 16. A temporary cover of mulch and seed is needed within 14 days of final grade for any exposed soils or if any exposed soils are not actively worked within a 14-day time period. Planning Commission Meeting – January 3, 2006 24 17. Any sediment tracked upon paved surfaces must be scraped and swept within 24 hours. 18. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley-Purgatory-Bluff Creek Watershed District, Minnesota Pollution Control Agency (NPDES Phase II Construction Site Permit), Minnesota Department of Natural Resources (for dewatering), Minnesota Department of Transportation, Minnesota Department of Health) and comply with their conditions of approval. 19. A professional civil engineer registered in the State of Minnesota must sign all plans. 20. The applicant will be required to submit storm sewer sizing design data for a 10-year, 24- hour storm event with storm sewer drainage map prior to building permit issuance. 21. The applicant should be aware that any off-site grading will require an easement from the appropriate property owner. 22. Installation of the private utilities for the site will require permits and inspections through the City’s Building Department. 23. Add the latest City Detail Plate Nos. 1004, 5214, 5300 and 5302. 24. The site will be subject to City sanitary sewer and water hookup charges at the time of building permit issuance. The 2006 trunk utility hookup charges are $1,575.00 per unit for sanitary sewer and $4,078.00 per unit for water. 25. Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA, Department of Health, Watershed District, MnDOT, etc. 26. On the utility plan show all the existing utility sewer type, size, slope and class. 27. Cross-access easements for the shared driveway access must be obtained and recorded against the lots. 28. A 10-foot clear space must be maintained around fire hydrants, i.e., street lamps, trees, shrubs, bushes, Xcel Energy, Qwest, cable TV and transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1. 29. Yellow curbing and “No Parking Fire Lane” signs will be required. Contact Chanhassen Fire Marshal for exact location of yellow curbing and location of signs to be installed. 30. Builder must comply with the following Chanhassen Fire Department/Fire Prevention Division Policies. a. #1-1990 regarding fire alarm systems, b. #4-1991 regarding notes to be included on all site plans, Planning Commission Meeting – January 3, 2006 25 c. #7-1991 regarding pre-fire drawings, d. #29-1992 regarding premise identification, e. #34-1993 regarding water service installation, f. #36-1994 regarding proper water line sizing, g. #40-1995 regarding fire protection systems.” All voted in favor and the motion carried unanimously with a vote of 6 to 0. PUBLIC HEARING: CHRISTENSEN SUBDIVISION: REQUEST FOR SUBDIVISION OF PROPERTY INTO 2 SINGLE FAMILY LOTS WITH VARIANCES ON PROPERTY LOCATED AT 6710 GOLDEN COURT AND ZONED RESIDENTIAL SINGLE FAMILY, APPLICANT ROBERT CHIRSTENSEN, PLANNING CASE NO. 05-44. Sharmeen Al-Jaff presented the staff report on this item. Sacchet: Thanks Sharmeen. Questions from staff. Kurt? Papke: The staff report, bottom of page 5 you state that the driveway to Lot 2 must be shifted so that it is at least 10 feet from the property line. Could you point out where that short coming is? I wasn’t quite able to make it out. Fauske: Here’s your pipe for drainage and utility and the driveway is a couple feet from that location. At this location and it’s a difficult plan to read. The dark brown line here shows the actual property line, following my pen here. That’s the 5 foot drainage and utility. Here’s the driveway. So our ordinance reads 10 feet from the property line. That’s where we’re getting that from. Papke: So if you shifted, what to the north, are you going to run into the same thing? Do you have enough space? Fauske: No. 10 feet right here so we can shift it over a few feet to meet ordinance. Papke: You’re not going to have them narrow the driveway? There’s enough room to move it? Sacchet: Any other questions? No other questions from staff? Thank you Sharmeen. With that I’d like to ask if we have an applicant? If you want to come forward. If you have anything to add, please do so. State your name and address for the record please, and if you can pull the microphone towards you so we get the sound. Yep, there you go. Robert Christensen: Robert Christensen, 6710 Golden Court. I think the question was, that number 5, moving, it was Lot 2 which is where my house is located. Sacchet: There it is. Planning Commission Meeting – January 3, 2006 26 Robert Christensen: …over in Lot 2 and I think this one had to be shifted, or not shifted. It’s just got to be 10 feet away from the property line, but this is the actual shift here. Sacchet: Oh, it’s that one that gets shifted. Is that accurate Alyson? Because that’s the existing one, right? Al-Jaff: Lot 2 would be existing. Sacchet: Can we ask the existing one to be shifted? Fauske: Well the existing one should be brought into conformance unless there’s a necessity to bring it as a variance. We can look at, it looks like it might be pretty close there to shift it. I mean they’re already getting some changes, some realignments with that existing driveway to bring it into conformance so, it’s not a huge plan change. It was just more of a housekeeping item to make sure that we had everything up to code. Sacchet: Is that an issue for you Mr. Christensen? Robert Christensen: No. Sacchet: You don’t have an issue with it? Okay. So even if that driveway, the existing one needs to be shifted, you don’t have a problem with it? Robert Christensen: No. Sacchet: Well then it’s not an issue. That’s very good. That’s easy. Robert Christensen: I just thought I’d correct that. Sacchet: Okay. Anything else you’d like to touch on? Robert Christensen: No, I guess not. Sacchet: Do we have questions for the applicant? No? Thank you very much. Now this is a public hearing. Does anyone want to address this item? This is your chance. Seeing somebody get up, yes there we go. Janet Paulsen: I’m Janet Paulsen, 7305 Laredo Drive. I’ve just got a question on the plan here. Sacchet: Can we switch on the plan Nann please? Thanks. Janet Paulsen: First of all, what is this driveway here? Sacchet: Is that access to the Martinka property? Planning Commission Meeting – January 3, 2006 27 Al-Jaff: That’s an access. These are existing situations. Our ordinance clearly states and State Statute states that if these are existing situations, you don’t. Sacchet: It’s pre-existing. Al-Jaff: Yes, and this subdivision is not intensifying this use. Sacchet: Okay. So in other words that driveway to the southern property would stay off of that driveway for the time being? No, I see you shaking a head. Robert Christensen: Mr. Martinka said he will abandon that driveway because he has another new access out to Golden Court. Sacchet: So he’s going to access directly for Golden Court and so that access driveway will be closed apparently. Al-Jaff: When Mr. Martinka subdivides his property, that is correct. Sacchet: Not right away. Okay. Janet Paulsen: So why not make it a private street? Sacchet: Well we’re not really changing that are we? Al-Jaff: No. Sacchet: Can you address that Sharmeen? Al-Jaff: Everything is remaining as is. The southern portion where the neck is, is remaining undisturbed. Currently there is an outlet out there and the outlet is maintaining that setback that you see from the edge of the driveway. The applicant applied for a neck lot and that’s what they’re getting and that’s consistent with a previous recommendation. Sacchet: Does that answer your question Janet? Sort of. Janet Paulsen: Not really. Sacchet: Not totally but a little bit. Janet Paulsen: I would think that a certain safety issue with traffic going onto a public street, a private street would probably serve it better. Sacchet: Yeah, but this is not the issue in front of us. While we could argue it’s sort of in front of us but what’s really in front of us is a neck lot above it. Planning Commission Meeting – January 3, 2006 28 Janet Paulsen: And then the next question was on Lot, on the upper lot. Where is the front property line there? Sacchet: How do we measure property line Sharmeen, can you point that out? Al-Jaff: …property line right there. Janet Paulsen: And that is because why? Al-Jaff: In looking at the way the ordinance reads, it’s the closest property line to a public street, and it is our interpretation that this is the closest property line. Janet Paulsen: Well I would just like to say that that’s the convenient one because you have to have a 30 foot front yard and a 30 foot back yard and that’s the way it sits. Sacchet: How would you measure it Janet? I mean do you have an alternative way to look at it? Janet Paulsen: I guess you can just choose because these are two lines, I mean. Sacchet: Well you couldn’t measure the width of the flag. Janet Paulsen: I just don’t think that the home that’s shown on there would have a 30 foot front yard and then a 30 foot back yard if it had the east/west line be the front property line. I guess it’s just choosing which line you want and which is convenient. That’s all I had. Sacchet: Go ahead Mark. Undestad: I think when you measure the lot thought, we do not include the flag portion in that lot. Is that right? Al-Jaff: That’s correct. Undestad: So you would use that, the flag portion wouldn’t be considered a lot line out on the street there. Does that make sense? Janet Paulsen: The front property line should be the line that’s closest to the public street. Sacchet: Right, I think that’s. Janet Paulsen: I guess that one is. That’s all I have, thank you. Sacchet: Okay, thanks Janet. Anybody else? Yes indeed. Deb Lloyd: Deb Lloyd, 7302 Laredo Drive. I’m just questioning whether this is within 1,000 feet of Lake Lucy. Planning Commission Meeting – January 3, 2006 29 Sacchet: Is it within 1,000 feet of Lake Lucy? Can we answer that question? Al-Jaff: Yes it is and. Deb Lloyd: Because there’s no notice of the impervious surface requirement because it would be considered shoreland and typically that would be noticed. Al-Jaff: It will maintain all requirements of the ordinance as far as hard surface coverage, as well as building height. These are things that we do look at. Sacchet: And would there be a difference? And that would be looked at with the building permit? Not necessarily at this time. Generous: However they are the same, RSF in the shoreland districts have the same impervious coverage for single family residential property. 25%. Deb Lloyd: I’m just noting it because typically it would be included in the report. Also I, you know I look at this and I know, you know we’re typically adverse to private streets but there is a safety aspect here. Whether or not the existing driveway is there, you’re subdividing and you are looking at a variance condition. Sacchet: How do you see that we’re touching the existing situation. Deb Lloyd: How are you touching it? You are approving variances for two flag lots. You could, as a condition make that a private street if you so chose. Sacchet: And what would be gained by doing that? I mean. Deb Lloyd: You’d have one access which would be wider, 20 feet along a 60 foot here. Versus two accesses on the 60 foot into. Sacchet: Oh you mean it would be one access instead of two. Deb Lloyd: I’m just. Sacchet: Yeah, I just want to understand where you’re coming from. How would you then reconcile that the third access is going to go away within the very foreseeable time. Deb Lloyd: There’s no guarantees from prior reports which weren’t mentioned, this was all brought up a year ago. Burlwood was the subdivision and Martinka said he had no intent on selling. So everything is hearsay. Sacchet: That’s true, okay. Well, do you want to address that from the staff viewpoint at all? Al-Jaff: There are case studies and I have talked to the city attorney about what impact and what type of conditions can you attach to a subdivision and had I know this was going to be the case I Planning Commission Meeting – January 3, 2006 30 would have attached the case study that they, he had emailed me. If you have an existing non- conformity and if the subdivision is not intensifying this non-conformity, then you cannot require it to be, you cannot require it to be eliminated or removed. As far as what’s in front of us today, we have a request for a neck lot. This is a dead end cul-de-sac. Sacchet: There’s not a lot of traffic. Al-Jaff: No, there isn’t a lot of traffic. If this was an arterial or collector, then we would be the first to say, limit the number of access points. Sacchet: Isn’t it also that, I mean the concept that was chosen like 10 years ago was to make those two kind of neck type lots. That’s why they were two outlots created in front of it, so by all of a sudden putting in a private street and then adding the third lot which apparently doesn’t want to be part of it in the long run anyhow, we would be deviating from that overall original plan, wouldn’t we? Al-Jaff: That’s absolutely true and the sketch that I brought in, that I showed earlier was from 1995. Sacchet: Yeah, and I mean I don’t mean to brush to the side your comments Debbie and Janet but we struggled with this when Burlwood came in and we found that it’s with this pre-existing decisions and directions taken, unless there is really a clear way to go a different route that is obviously bringing a lot of benefits, it’s best to build on what decisions that were made before. So that’s, I think that’s something that needs to be looked at as well. Alright, the public hearing is still open. Anybody else? Jerry, last option. Alright. I close the public hearing. I bring it back to the commission for comments and discussion. I see a shaking head here. Another almost shaking head. No? No comments. So if no comments, then how about a motion. Larson: Recommendation. Staff recommends the Planning Commission adopt the following motion. Approval of preliminary plat for Planning Case 05-44 for Christensen Subdivision for 2 lots with variances to allow flag lots as shown on the plans dated received December 2, 2005 subject to the following conditions, 1 through 9. Sacchet: We have a motion. Is there a second? Undestad: Second. Sacchet: Do we have any friendly amendments? Do we need to say allow two flag lots in the description? Just to be specific. Al-Jaff: We can definitely do that. Sacchet: I would ask that as a friendly amendment. Is that acceptable Debbie? Larson: Yes. Planning Commission Meeting – January 3, 2006 31 Sacchet: Alright. We have a motion. We have a second. We have a friendly amendment. Larson moved, Undestad seconded that the Planning Commission recommends approval of the preliminary plat for Planning Case 05-44 for Christensen Subdivision for 2 lots with variances to allow two flag lots as shown on the plans dated received December 2, 2005, subject to the following conditions: 1. A minimum of one tree (2 ½” diameter) is required in the front yard of each lot. 2. All areas outside of the grading limits shall be protected by tree preservation fencing. Fencing shall be installed prior to grading and excavation for homes on each lot and located at the dripline or beyond whenever possible. Any trees shown as preserved that are removed or damaged shall be replaced at a rate of 2:1 diameter inches. 3. Silt fence shall be installed along the grading limits along the east edge of the site from the north property line to the rock construction entrance. Two silt fences shall be installed in “smiles” perpendicular to the flow line upstream of the 18” CMP leaving the site to slow the water and prevent discharge of sediment from the site. 4. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as needed. 5. Based on the proposed developed area of approximately 1.05 acres, the water quality fees associated with this project are $1,680; the water quantity fees are approximately $3,045. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $4,725.00. 6. Prior to City Council consideration of the preliminary plat, the following changes must be incorporated into the plans: a. All plans must be signed by a Professional Engineer registered in the State of Minnesota. b. The plans must show the proposed lowest floor elevation for Lot 1. c. A separate utility plan must be submitted and must resolve the apparent conflict of the existing 6” watermain over the existing sanitary sewer manhole on Lot 1. d. The utility plan must show the lateral sanitary sewer within the east-west portion of Golden Glow Court to the manhole within proposed Lot 1. e. The utility plan must show the sanitary sewer service to the Martinka property. f. A 20-foot wide drainage and utility easement must be platted over the existing 6” watermain on Lot 2. The easement shall be centered over the watermain. g. Drainage and utility easements must be platted over the existing sanitary sewer and watermain services to the house on Lot 2 and the Martinka property. The easements shall be 15 feet wide and centered between the sanitary sewer and watermain services. h. The utility plan must include notes where conflicts between services and/or culverts appear. Planning Commission Meeting – January 3, 2006 32 7. Prior to City Council consideration of the final plat, the developer must comply with the following: a. Hydrology calculations must be submitted and shall include pre- and post-development volume and peak discharge rates for the 2, 10 and 100-year rainfall events. b. Hydraulic calculations verifying the design of the driveway culverts must also be submitted. c. Any proposed retaining wall over four feet high requires a building permit and must be designed by a Professional Engineer registered in the State of Minnesota. d. Soil boring information must be submitted. e. The driveway to Lot 2 must be at least 10 feet from the property line. 8. Building Official Conditions: a. Separate water and sewer services must be provided for each lot. 9. Fire Marshal conditions: a. Comply with Chanhassen Fire Department Policy Premises Identification (Copy Attached). All voted in favor and the motion carried unanimously with a vote of 6 to 0. APPROVAL OF MINUTES: Commissioner McDonald noted the verbatim and summary minutes of the Planning Commission meeting dated December 6, 2005 as presented. Chairman Sacchet adjourned the Planning Commission meeting at 8:40 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim CHANHASSEN PARK AND RECREATION COMMISSION REGULAR MEETING SUMMARY MINUTES DECEMBER 20, 2005 Chairman Stolar called the meeting to order at 6:30 p.m.. MEMBERS PRESENT: Glenn Stolar, Paula Atkins, Tom Kelly, Ann Murphy, Steve Scharfenberg, Kevin Dillon and Jack Spizale STAFF PRESENT: Todd Hoffman, Park and Rec Director; Jerry Ruegemer, Recreation Superintendent; Dale Gregory, Park Superintendent; Tom Knowles, Recreation Center Manager; and Susan Bill, Senior Center Coordinator APPROVAL OF AGENDA: Kelly moved, Murphy seconded to approve the agenda with the following additions: Todd Hoffman added item 7(a), Recreation Supervisor update and discussion of the approved 2006 Capital Improvement Program. All voted in favor and the motion carried unanimously with a vote of 7 to 0. PUBLIC ANNOUNCEMENTS: None. VISITOR PRESENTATIONS: None. APPROVAL OF MINUTES: Dillon moved, Murphy seconded to approve the verbatim and summary Minutes of the Park and Recreation Commission meeting dated November 22, 2005 as presented. All voted in favor and the motion carried unanimously with a vote of 7 to 0. PARK AND RECREATION COMMISSION ICE RINK MONITORING SCHEDULE. Jerry Ruegemer presented the staff report on this item. The commissioners picked days and times to monitor the rinks from a schedule provided by staff. Chair Stolar asked Dale Gregory for a status report of the current conditions of the rinks. There was no formal action taken on this item. RECREATION PROGRAM REPORTS: 2005 TREE LIGHTING CEREMONY EVALUATION. Jerry Ruegemer presented the update on this item. WINTER PROGRAM UPDATE. Jerry Ruegemer presented the update on this item. RECREATION CENTER REPORT. Tom Knowles presented the report on the Rec Center. SENIOR CENTER REPORT. Susan Bill presented the report on the Senior Center. Park and Rec Summary – December 20, 2005 2 PARK AND TRAIL MAINTENANCE REPORT. Dale Gregory presented the report on park and trail maintenance. ADMINISTRATIVE: Todd Hoffman presented the year end review for 2005 for the park and recreation department and the 2006 approved CIP program. Jerry Ruegemer gave an update on the Recreation Supervisor position. COMMISSION MEMBER COMMITTEE REPORTS. None. COMMISSION MEMBER PRESENTATIONS: None. ADMINISTRATIVE PACKET: None. Spizale moved, Kelly seconded to adjourn the meeting. All voted in favor and the motion carried unanimously 7 to 0. Submitted by Todd Hoffman Park and Rec Director Prepared by Nann Opheim CHANHASSEN PARK AND RECREATION COMMISSION REGULAR MEETING DECEMBER 20, 2005 Chairman Stolar called the meeting to order at 6:30 p.m.. MEMBERS PRESENT: Glenn Stolar, Paula Atkins, Tom Kelly, Ann Murphy, Steve Scharfenberg, Kevin Dillon and Jack Spizale STAFF PRESENT: Todd Hoffman, Park and Rec Director; Jerry Ruegemer, Recreation Superintendent; Dale Gregory, Park Superintendent; Tom Knowles, Recreation Center Manager; and Susan Bill, Senior Center Coordinator APPROVAL OF AGENDA: Kelly moved, Murphy seconded to approve the agenda with the following additions: Todd Hoffman added item 7(a), Recreation Supervisor update and discussion of the approved 2006 Capital Improvement Program. All voted in favor and the motion carried unanimously with a vote of 7 to 0. PUBLIC ANNOUNCEMENTS: None. VISITOR PRESENTATIONS: None. APPROVAL OF MINUTES: Dillon moved, Murphy seconded to approve the verbatim and summary Minutes of the Park and Recreation Commission meeting dated November 22, 2005 as presented. All voted in favor and the motion carried unanimously with a vote of 7 to 0. PARK AND RECREATION COMMISSION ICE RINK MONITORING SCHEDULE. Ruegemer: Thank you Chair Stolar, Park and Rec Commission has made recommendation to the City Council to approve our test sites. We talked about that back in October for that. City Council did approve a recommendation made by the council. At looking ahead we did add 3 family rinks sort of as a test site at Chanhassen Hills, Pheasant Hills Park and Rice Marsh Lake Park. I believe those are up and going right now with kids skating on those. Dale and his crew have been very busy keeping up and adding additional ice, basically on a daily basis so they’ve been real busy with that. We’re going to take a look at adding that, it talks about you know as we have in the past with keeping track of data collected at these test sites so we can kind of formulate a good decision on the conclusion of the ice rink season to see if our test sites were a positive thing within our neighborhood. So we’re going to take a look at that. Staff did develop a, kind of a schedule with dates and random times to go around to these test site locations. We’re asking for the park and rec commissioners to take a look at that and kind of fill in their name where appropriate to cover the necessary shifts provided on the schedule. Park maintenance crews will also be out there when they’re flooding at the different locations and kind of keep track, as we have in the past, where we say kind of a light, medium or heavy use based on skating patterns and shavings on the ice and it’s real scientific so. So Dale’s crew will Park and Rec Commission – December 20, 2005 2 keep track of that. There is a blank form within the tractors and the flooding vehicles that we can keep track of information and report back to the commission in March sometime so, we can take a look at that. We also did include again for the commission’s information a listing of all the warming houses and skating rinks and hockey areas within our park system for the winter of ’05- 06. The square boxes are not the proposed rinks anymore. They are part of the rinks that we will be maintaining for the season along with these circled areas. So there will be 4 warming houses again within our park system this year at Roundhouse Park, City Center Park, the Rec Center and North Lotus Lake Park so. We did open all of the warming house locations last Friday. The 16th I believe and so we are fully staffed and open on a daily basis at this point so. And as well we will be for the remaining of the season for as long as we can go, so if the commission would like to take a look at the schedule on that, we can take a look at the necessary columns. The dates are listed. The attendance person, whom that may be at the time. And then the 3 locations that we’re going to be monitoring throughout the winter season. So at this time I guess I’d like to open the schedule up for the commission members to start filling in their names. Dillon: And I take it Jerry that if we take a slot that we check all three rinks, am I right? Ruegemer: Correct. Dillon: Okay. Stolar: If people want to share a day though I think we could do that too. To take a rink, you know. Hoffman: You just need to make a note. One would go to Chan Hills and the other person would go to the other two or something like that. Stolar: Exactly, however you want to do it so. Murphy: Do we stay there for any length of time or is it just go and see at that point in time? Ruegemer: Yeah, I kind of think the, you certainly can stay longer than that time that’s listed on the schedule because we’re going to take that random sampling. Just kind of give it kind of broad…so if you’d like to stay longer, you certainly can do that. I can e-mail the point schedule or I can mail you a stack of however many appear on the schedule. Scharfenberg: Jerry I’ll take Saturday the 31st of December. Saturday the 7th. Saturday the 21st. Hoffman: It’s about 3 per person. Scharfenberg: And I’ll even take February 4th. Stolar: What time does Feb Fest start? Ruegemer: Feb Festival starts roughly around 11:00 or near noon that day. Park and Rec Commission – December 20, 2005 3 Stolar: I can take this Friday. I possibly can take Saturday. I have to check for sure on that. But I think I can. Spizale: Jerry I’ll take Monday, December 26th. And Tuesday, January 2nd. Let’s see, Saturday, January 14th. Hoffman: It’s really going to give the commissioners some first hand experience on just what’s going on out there in the park system so. You can talk to people at the rinks. Stolar: I’ll do January 1st also. Sunday. Murphy: Jerry, I can take Thursday, the 22nd. You’re taking Saturday? Stolar: Yes, I have Saturday. Murphy: And I can take that Monday at 1:00. Stolar: Monday at 1:00? Murphy: Yeah, or did somebody else already have. Oh wait, no I won’t be here. Okay. Ruegemer: One that we may want to add is the Monday, Martin Luther King Day. I think the kids are off on school, I believe that’s the 16th. We’ll be open all day long at the regular skating rinks, if that’s one that the commission would like to entertain adding. Atkins: I’ll take Wednesday, Thursday and Friday the 28th, 29th and 30th of December. Ruegemer: Steve, which ones did you take? Scharfenberg: The 31st, the 7th, the 21st and February 4th. Kelly: I can take the 28th. Hoffman: Of January? Kelly: Yep. Ruegemer: Who was that, Kelly? Hoffman: Yep. Kelly: And I can take the 8th of January and the 15th. Atkins: I can also take January 2nd too. Hoffman: Jack’s got that. Park and Rec Commission – December 20, 2005 4 Atkins: Does he? Okay. Ruegemer: I think we’re still looking for Tuesday the 27th of December. Sunday, January 22nd. Sunday, January 29th and 3 in February. Murphy: I can take those Sunday, the 22nd and 29th. Ruegemer: Thank you. Dillon: And I’ll, Tuesday the 27th and what else? Ruegemer: You’ll take the 27th? Dillon: Yeah. Ruegemer: Okay. And then that takes us up through, there’s 3 left at Sunday, February 5th. Saturday, February 11th and Sunday, February 12th. Dillon: I think I can do the 5th. I mean if I can I’ll let you know. And the 12th will be fine too. Stolar: If you want to put me down for the 11th. I need to check something but I think I can do that one. Ruegemer: All filled. Thank you. Dillon: ...just kind of shoot you a message as we go that day or. Ruegemer: Yeah, probably just hold onto, I don’t know how we should do that. Stolar: Actually, can I make a suggestion? If you can e-mail us a schedule with the names, we can just mail these back with you. We’ll fill it out on our computer and mail it back to you with the numbers. Or print it out if you want to fax it, whatever but. Ruegemer: Okay. We’ll update the schedule tomorrow and I’ll do an e-mail to everybody tomorrow. Stolar: And a side note question, Dale we’ve got the rinks up and running through this luxurious cold that we’ve had for a while. Has it helped us? Gregory: Well it’s helped to…when we got the cold weather we’re able to flood… Then we got a little warm weather and snow and that kind of goofed us up. We needed about 4 days to flood and that, but they were…but now we went last night, I went out last night and a few guys are going tonight so hopefully after that it’s going to be warm. We’re going to have to shut down. We won’t be able to flood at night anymore because it’s going to be so warm. Park and Rec Commission – December 20, 2005 5 Stolar: But it’s giving us a good base. Gregory: We’re getting a real good base and everything. Where we’re running into trouble is on the north end, the hockey rinks where the sun. If the sun is out, it beats down on the boards and then it melts right along the boards. As soon as we get enough base where the blacktop…and we should have that within the next couple days. Stolar: So we might cross our fingers, we might actually have a holiday break where we can use the rinks. First time in a while that’s been nice. Gregory: Last time was 5 years ago that we were open this early and then it went back another 5 years again before we were open this early. Stolar: Great. Thank you for your crew for getting out there and taking advantage of the weather. Any other questions or comments on this? Hoffman: A couple comments. Chanhassen Hills, very easy to find. Has a parking lot right off of the main residential street. Rice Marsh Lake, a little more difficult. You have to wind your way all the way back down behind McDonald’s and then there’s a small parking lot off a cul-de- sac. Pheasant Hills, the most challenging to find. There’s a Pheasant Hill park sign just off of Lake Lucy Road and Lake Lucy, Lake Lucy Road and what’s the other, Lake Lucy Lane? You need to go past that and wind your way back around in the neighborhood, and then there’s just on street parking with a pathway that goes there. Kelly: So if you’re going off of. Hoffman: You’re going west. Kelly: You’re going west to Lake Lucy Road and there’s a path that goes up. You can see the path and then it kind of sudo forks, and you kind of go right at that sudo fork. Hoffman: And then you continue up, just keep taking the rights then you’ll get back to the park which will be on the north side of the park instead of the south side. And there will be a trail access there and that will come right in. If you park on Lake Lucy Lane that would be a long walk. Stolar: At the very least we’ll all find our ways to get to those parks. Hoffman: Thank you everyone for doing this. It will be exciting to hear your findings. Stolar: Great. Anything else on this item? Okay. Park and Rec Commission – December 20, 2005 6 RECREATION PROGRAM REPORTS: 2005 TREE LIGHTING CEREMONY EVALUATION. Ruegemer: Thank you again Chair Stolar. Again our annual tree lighting ceremony was December 3rd from 5:00 to 6:00. Mayor Furlong did officially flip the switch, not only for the tree but for the entire park, down here at City Center Park so when it lit up it was absolutely beautiful. Dale and his crew did a wonderful job of getting all the lights coordinated and all the electrical problems figured out and all that stuff so we’ve heard many positive comments from the general public and also staff on how people feel the lights are this year so it really was a nice event. It was not too bad of a night with a lot of people sitting around the campfire. About 100- 125 people showed up that night. Santa Claus arrived again via fire truck so that was kind of fun with that so. Chamber was involved with that and staffing and serving refreshments. Was a nice event. Kind of a nice old touch so the Pillsbury Dough Boy was here and it kind of was a little fun thing for the kids. Get your picture taken. Of course Santa was handing out candy canes for everybody in attendance so it was a nice event. I certainly over bought candy canes. We still have candy canes left over so I need to make a note of cutting back next year. But a nice event. Just getting people out. Just another kind of extension of the holiday season. Everybody seemed to enjoy themselves. It’s a quick event. Relatively easy to pull off so it’s certainly our recommendation to continue to incur for under $300 I think we get a lot of bang for our buck for the event so, it’s a good event. Stolar: Any questions? Okay. WINTER PROGRAM UPDATE. Ruegemer: …following through on a lot of these activities so. The Timberwolves game is next Monday night the 26th. We have around 20 people going to that so it’s kind of a special kind of a Minnesota Recreation and Park Association night where we get special discounts on tickets for that. All the kids get to go down on the Target Center floor and shoot a basket at the free throw line and that sort of thing. You can kind of be down on the general area so that’s a lot of fun. Non-School Day Adventures are another big one. We’re full at capacity on the Wednesday program, or the Wednesday trip and then we’re pretty close with our numbers on Thursday trip as well. Those trips we combine with the Cities of Eden Prairie and Chaska so we’re going to go snow tubing one day. Ice skating. Swimming. Chucky Cheese. McDonald’s. A number of different things so, that’s always a popular event with that. Daddy Daughter Date Night, the Friday night has been filled for quite a while with, I think we have 49 couples that night, and Thursday is rapidly approaching full status so I think we’re getting down there on that one too. Ice skating clinic we have our capacity on that and that starts next week on the 27th through the, Tuesday through Friday. So our teacher that’s going to be teaching that as well so that is full with that so. Just a lot of different activities going on. We have different craft classes as we’re going on with kind of the holiday theme with that so those have been popular as well. The Chan/Chaska, the Turkey Shoot, that’s a program that we do with the City of Chaska. We have close to 80 to 100 kids participate in that as well so, that’s another good program for teenagers down at the community center. So we have fun again with that. So just a lot of different things going on within our system this year. 3 on 3 basketball is going to be starting another season Park and Rec Commission – December 20, 2005 7 after the first of the year, around I believe the 9th. That Monday. First Monday of the month. I think we have 14 teams signed up for that right now so it should be a good season so. A lot of programs filled to capacity so a lot of people are taking advantages of our wonderful program here in the city. Stolar: Thank you. Any questions? No? Murphy: If we get a warm up in the weather before that ice skating clinic, does that just get cancelled and then. Ruegemer: It is weather dependent but I guess I don’t foresee that happening at this point so. Stolar: Okay. RECREATION CENTER REPORT. Knowles: Well the Rec Center is coming along pretty good. We’ve had a noticeable up tick up activities since the weather started cold. People coming inside so that’s a good thing. We had the camp out here a couple 2-3 weekends ago. We had about 25 people camping out over night raising funds for the Afghan, or Pakistan earthquake relief. Then followed by the Breakfast with Santa which a big crowd there again this year so that was successful event. We’ve been able to add a fitness instructor to conduct a Thursday morning class, which I’m real optimistic will be a success. It’s a good time to have a class at 9:15. So I’m hopeful that that will catch on and we’ll be able to keep that running. Jerry kind of filled you in on the programming activity and facility notes, we’ve allotted time again this year to some of the youth sports associations for their usage. Currently the…Tuesday nights, CAA basketball is in our gym and the CYSA softball group is on our gym also Tuesday nights. Mainly pitchers and catchers who are working on…so it’s a small group but they’re there every week so it’s nice to have the space for them. Stolar: Great. Okay, thank you. Any questions for Tom? And this is your first report so. Scharfenberg: …batting cage up in the third gym. Is that for the CYSA? Knowles: Yes. And then they get usage in the spring before they’re ready to go outside, like in early March and stuff they’ll bring the batting, pitching machines and so forth in there. They throw carpet down on the gym floors so it doesn’t get…so yep, that’s what that is. Scharfenberg: Okay. Is there going to be any usage if you just wanted to come in and use that? I mean we don’t have a pitching machine but if you wanted to go in and just pitch balls and hit and that, is that available? Knowles: It’s…as traffic allows. If we have just a huge crowd of people playing basketball, we’d probably have to say no, but if there’s not much business going on, we could throw up the nets fairly quickly. Scharfenberg: Okay. Park and Rec Commission – December 20, 2005 8 Stolar: Any other? Hoffman: …holiday times real quickly. Knowles: Oh, this is off the top of my head. December 24th we’re open 8:00 a.m. to 4:00 p.m.. December 25th we are closed. Then the next weekend, December 31st, that Saturday it’s 8:00 a.m. to 4:00 p.m. again and then we’re closed Sunday the 1st. Stolar: Okay, thank you. SENIOR CENTER REPORT. Bill: To echo what Jerry was saying, all of our programs and last summer and throughout the fall have been filled to maximum capacity. We’re operating every one of them just about has waiting lists. I don’t know where everyone’s coming from but it’s a good sign. A couple things I want to highlight was our holiday party and we got a co-sponsorship by the Community Bank Chanhassen… Anyway, holiday party. Bill Traxler from the Community Bank Chanhassen gave us $880 which took care of the cost of the food so we had a catered meal, which we were able to serve and we charged participants $5.00 and that covered entertainment and door prizes. People had a great time. Bill and his assistant came and we presented them with a plaque of appreciation. They were very, very appreciative and indicated they’re looking forward to it for next year. I’ve also started a Meet and Greet Coffee is now we’re going to do them on a quarterly basis. We’re seeing a lot of new people come into the Senior Center so four times a year, we were doing it every other month but now we meet 4 times a year. Send out an invitation to any new participant and the Senior Advisory Board is there so we have coffee. We talk about activities. They get to know someone and we fill them in first hand on activities at the senior center. I think our first one we had, oh we had 22 people and we’ll have one in January so they’ve been well attended. One other thing I want to talk about is one on one computer training. Last, end of last summer the Senior Commission talked about they’d like to volunteer or give back and do something for the community. Curt Robinson, Bobby Headla and Dave Headla, as well as a couple other people are now…computers. From the old senior center I have the computer set or hooked up to the internet so now we offer one on one computer training where if people call in, they want just basic computer instruction and once a volunteer will make a connection with a person and they go over the basics, emailing, setting up mailboxes, word documents, some things like that. Reception on that has been great. We’ve trained 29 people so far and it’s just real nice because what I hear, basic computer classes like through District 112, they’re in a group and we’re talking about some people that don’t even know how to turn on the computer, so they’re a little overwhelmed when they’re in a class. Plus the senior center volunteers really enjoy helping… friendship, he e-mails that gentleman every day and calls him any time he can’t figure something out and…but they both enjoy that. Then the last thing I want to highlight is Medicare Part D. I don’t know if any of you have heard about Medicare Part D. State of Minnesota has 76 different Medicare Part D plans, which is horrendously overwhelming. We’ve had two presentations that I’ve had State Representatives come in. Talk about basic information. The one in October we had 85 people, so as a shoot off of that I now have some volunteer State Representative volunteers that do one on one computer counseling. We use the Park and Rec Commission – December 20, 2005 9 computer in the west senior center, we have access to the Medicare web site so we can do plan comparisons. In December I think we did 15 one on one counseling where, I get a lot of solicitation calls from like Medica or Blue Cross Blue Shield, Health Partners wanting to give presentations. I just felt it was better having a non-biased party inform people and I’m already full for January and February, so that’s really been a great benefit and people are real appreciative that we can offer that. So all in all it’s been a busy year. A good year and we look forward to 2006. Stolar: Thank you. Any questions? Okay. Thank you. PARK AND TRAIL MAINTENANCE REPORT. Gregory: Thank you. Well this fall has proven to be one of our busier ones again. …shut down for all of our parks. Soccer fields. Dock, fishing piers, everything else we normally do here in the fall and that. We also try to keep up with some of the play equipment, finishing up what we could on those. Lake Susan hasn’t got everything up installed, but we ran out of time. Did not get the poured in place in and we did not get the sod. We had several of our parks ready for sod and we had a guy hired and everything else and that, and for 3 weeks and that, he was so backed up he couldn’t get to us so he ran out of time so that’s one of the things we really hoped we would…this year and it would have been a great year to get the sod down this fall. We had rain. We had everything… It’s one of those things where we’re going to have to get him right away come spring and finish them up and get them completed then. Also we’re going to, this fall we’re going to get stuff ready for flooding. Trucks, plows, all that sort of stuff. Got kind of caught off guard on that. Did not have our snowblowers and everything ready when the snow got here and that so guys did a lot of walking behind the snowblowers trying to get everything out of the hockey rinks and that instead of using our trucks. And with the snow we’ve had, we’ve got enough right now to basically…this early in the year but we’ve already had to go out and blow all them off, just so it gives us more room for the rest of the year. So we’re, they’re pretty busy with that and again we’re working getting as much done as we can as the rinks and that, as the weather will allow us. They should be in real good shape for the holidays and that’s pretty much been our fall. Just keeping, keeping getting everything ready for the winter so. Stolar: Okay, thank you. Questions? Okay, thank you very much. ADMINISTRATIVE: 2005 YEAR END REVIEW. Hoffman: Thank you Chair Stolar, members of the commission. During an opportunity to recap some of the things that we accomplished in 2005, really the parks are you know the attribute which many people move to this city for. And not just only parks but just open space in general, and as you travel around the community and you witness the construction in the 2005 MUSA, the Highway 212, these open spaces are disappearing. That only reminds us that places like Bandimere Park, Lake Ann Park, the Fox Family Woods and these other places will become just that much more valuable as the city continues to urbanize and these roads are constructed so. Our work is important and we have future acquisitions to accomplish yet within our park system and so those are going to be some future important milestones to accomplish. We talked about the 2005 playground improvement project. I think you all were involved in some fashion and Park and Rec Commission – December 20, 2005 10 it’s just going to be a real memorable event for the community and for the staff, elected and appointed officials so again thank you for that. We would benefit from an additional covered picnic shelter, because Jerry’s always booked up and I think Lake Ann Park probably on top of the hill would be the best location. If you have a chance to take a walk up there next summer and go ahead and visualize that. We’re considering slab on grade with a covered shelter type of a situation up there so we can have additional group picnics at that location. And then again we touched on the acquisition. The 2005 MUSA area, park acquisition. You’ll probably see some activity in these chambers at your level in 2006. It’s going to be a heated debate, without question. The acquisition of that property is going to be difficult. We had selected a site in the Degler property. You saw those plans or those proposals probably 6 months ago, and we had to pass on that acquisition or continue negotiations for acquisition due to the fact that we needed to acquire some easements for the sewer lines and they would not sign those easements for those sewer lines. If we continue to pursue that acquisition on a park, and so the administrative staff, council and myself made the decision to leave that site and so we’re onto a future site and that has the other property owners very concerned because they thought this park issue was settled on the Degler property and it is not. And so you’ll see activity on that acquisition again in 2006. Talking about trails, the most prominent information on trails is that the snowmobile club has disbanded in our community. There will no longer be any snowmobile trails in our community. Snowmobile club actively sought out easements on properties since 1980 in this community, so they’ve been around for 25 years. So we are going to have our share of snowmobile issues this year. We’ve already had many calls with snowmobiles on pedestrian, asphalt pedestrian trail which is irresponsible and illegal and complaints on private property. They’re out, when they’re on these pedestrian trails they’re running over our…that we installed to aid us in plowing so we had some damage already, so we’ll be working with the paper. You’ll see an article this week on snowmobiles. There really is no legal place to ride them any longer in the community, although you see a lot of tracks out. By state law you can ride in a county ditch, in a state ditch but you have to be in the bottom of that ditch or on the outside banks and you’d be hard pressed to find a county or state road in our community where you can stay in that type of a situation, so. You’ll see increased enforcement by Jackie Glazer, our DNR law enforcement, Carver County sheriff’s has been out already this last Saturday and Sunday. Marty Walsh is not quite sure what he’s going to do out at the regional park because that was similar to Lake Ann where they would go through Lake Ann on trail. They would go through Lake Minnewashta Regional Park by trail. The trail is no longer there. We will be closing Lake Ann snowmobiling. Lake Ann Park snowmobiling and then Marty Walsh will have to, is also considering closing that park to snowmobiles as well. Atkins: So they can’t snowmobile on the lake? Hoffman: Sure they can. Atkins: Yes? Hoffman: Yep, but you have to get there. Atkins: Drive it on a trailer and put it onto the lake. Park and Rec Commission – December 20, 2005 11 Hoffman: Yep, put it on the lake. Kelly: Can I ask a simple question? Does that mean you’ll be plowing the, how about the south LRT trail, south of Pioneer? That used to be open for snowmobiling. Hoffman: We still have it open for snowmobiling. We have the permit already this year, so we have a permit authorized by Three Rivers for snowmobiling and so if people find their way there, or you’re on the neighbors, they can still go up ahead and snowmobile this year but next year we will not pursue that acquisition of that. And then you’ll have to decide if you want to pursue it for some other use, either walking or cross country skiing. Again our trail system is 44 miles and growing. Residents really appreciate it. It takes a lot of time to maintain and build those trails. We always try to build them concurrent with the road projects, but I can guarantee you as you can see yourself, people appreciate the nature trails by far the most. They enjoy the walks through the woods and the areas along the creeks and the swamps. Rec programming continues to be a highlight. We talked a lot about it. I heard people say that the 4th of July celebration’s their favorite thing of this year in Chanhassen, and I’ve heard dozens of people say they used to go out of town and now they stay in town simply for the celebration, so I think it is a real highlight in our community. We plan on accommodating another outstanding crowd. If you were there last year you saw that we were overwhelmed with people. Continues to grow. This year it will be on a Monday night. So the…will be on Monday night. Fireworks will be launched on Tuesday the 4th I believe. The remainder of our special event program is the senior center filled to capacity. Talk about waiting lists, even a waiting list for the Christmas party so looking for even a larger spot for that event. Youth and family and adult programming is a staple to our department. Look for more programs to focus on outdoors and natural areas. We feel it’s one of our strong points. In our system we have, we are so blessed with our outdoor facilities. Rec center’s alive and well. We’re not for sale. To many people that believe with Lifetime here we’re going to pack up our bags and move on, but that’s not the case. There was talk in the community that if we would ever open a community center of our own, that we could use that as a bargaining tool that we could sell that building for…back to the school district. Take that money and use it for our future community center, but the players are pretty well set. The rec center will stay. Lifetime is here. Chaska’s expanded. Victoria has built. Waconia has built. And so there’s been a lot of new recreation service providers in the west metro. Stolar: And Eden Prairie’s redoing their’s. Hoffman: Yep, Eden Prairie’s going to remodel, so. Tom is ready to put some exciting modifications to the schedule so we look forward to that. Park and trail maintenance, our crew maintains 32 parks plus 44 miles of trail and then our downtown. I talked to Charlie Eiler today. He said he spent most of the last few days bouncing around in a Bobcat trying to scrap sidewalks clear in our downtown because they’re all iced up so, those are things you don’t realize that our crew does on a daily basis. There’s just 7 of them. I talked about, imagine the work you do, 2 of you at home at your yard and imagine what these, this crew is faced with on a daily basis and so I just commend what they do year in and year out. It’s a lot of good work. The future, the park and recreation, we’re excited about the future. There’s really some principles that we talk about. We like to exceed our customer’s expectations. When they show up, we want them to say wow. This is more than I anticipated. More than I thought I would get. We want to do every job well, Park and Rec Commission – December 20, 2005 12 which we also talk a lot about because it becomes more and more difficult as we grow bit we maintain a fairly flat budgeting and staffing operation. And then we like to seek out the involvement of our citizens. We believe strongly in bringing them into this room and getting them involved. It provides buying into our programs and is the secret to secure of our future. So I want to thank the commission for your important role in advising the City Council on the operations of the department and for continually seeking to make things better for our citizens. It’s my pleasure in serving as Park and Recreation Director for the community and I enjoy working with the commission on a monthly and an annual basis so thank you for all you do. Stolar: Thank you. Comments? Points. Dillon; You and your staff do a great job. I mean it’s obvious that we do exceed expectations on a regular basis, all of you and it’s great to be associated with you. Hoffman: Thanks Kevin. Stolar: Those words, I’m sure it echo’s everybody here. Thank you. Great. We’ll look forward to a very active 2006. The next item. The rec supervisor update. Jerry. Ruegemer: Just to update the commission. We have hired a replacement for Corey. Went through, we had 59 applications overall. Interviewed 5 from that. Brought a couple people back for a second interview. With that we did offer the position, him name is Nate Rosa. Nate has worked a little bit with the City of Moorhead. Also the City of St. Louis Park and most recently with the Carver Scott Coop down in Chaska. So he comes with some experience in special events. Some programming. Not only with youth but teenagers as well and likes to fish and do some of the things that we like to do. Certainly seems energetic and ready to focus on having his first full time job and seems to be very excited about that. His first day will be January 4th and he’ll work 8:00 to 4:30 every day. He’s plugged in and really wanting to do that extra mile. Work long hours if needed and is real excited to start and look to the future so, and I’m ready for him to start. He can walk right into the rink program and Feb Fest and so be baptism by fire so he’ll be busy right away so. Hoffman: It might be known that he’s a semi professional football player so he’s a big guy. Big, strong guy. Stolar: Awesome. Okay, well we’ll meet him I’m sure at a future meeting. Ruegemer: I’ll have him come to the January to introduce him to the commission that evening. Stolar: And ask us to volunteer for Feb Fest at the same time. Ruegemer: That is correct. He can give you a report on the Feb Fest. Stolar: Great. 2006 CIP approved program. Park and Rec Commission – December 20, 2005 13 Hoffman: Council, City Council approved our 2006 CIP in December. Two weeks ago and last time the commission look at this was back in August so I’d like to just bring you up to date. To give you an idea of the $19 million dollars in CIP items approved by the City Council for the community next year, park and trails represent 1.4 million of that. Major equipment, the dump trucks, front end loaders, lawn mowers, those type of things is $998,000 or a million dollars. Sanitary sewer improvements of a half a million. Street improvements are the big item, 12 ½ million dollars in street improvements for next year. And then a million dollars in surface water management. The fall storms brought that issue more to light and the community has a lot of conversations about that. And then water system improvements at 2 ½ million dollars to our water system. So those are the capital improvements slated for 2006. A brief rundown of parks and trail improvements. $6,000 for picnic tables and benches. $5,000 for trees. Off leash dog area contributions of up to $50,000 and so again all of these will be approved by the council when the time comes so if you get into a project with the County, you make a recommendation and you have the dollars available. Lake Ann road and parking lot rehabilitation, $395,000. We’ve been attempting to secure these funds for up to 10 or 15 years for some work out at Lake Ann so we’re very happy about that. These are non-park dollars. $400,000 in road improvement dollars so we’re very happy about that project. You’ll see a big improvement by the end of next year. This will be scheduled late in the year to coincide with a slow time at Lake Ann. Obviously there’s only one way in and one way out so it will provide some inconvenience to our patrons but we’ll work around that. There’s a big item, the largest in fact on the list, the west water treatment plant parkland acquisition for $540,000. This has already been spent in 2005 so this item will come off of this list, the 2006 list. The land that we acquired out on Galpin Boulevard at the Lake Harrison project, Jerome Carlson. $80,000 for the Highover Trail with the Crestview Addition coming through. You want to go ahead and complete that trail under the power lines. $60,000 for athletic field improvements. You remember the people here talking about athletic field improvements. We’re going to invite them all back, all the associations at your January meeting and start entertaining a conversation about what they would like to see happen with those dollars. $60,000 for rec center hockey rink rehabilitation. $40,000 for the parking lot expansion at Lake Susan. We started that project with Dale’s crew. We said now is the time to do it. We’re here ripping this park up. Let’s go ahead and plan the future expansion so we’re going to continue on that. Performance stage for City Center Park, up to $35,000. We want to make a formal location now that we feel it will be a successful venue for the community. $25,000 in rec center trees. $25,000 for Bandimere park athletic field netting. And that’s for the soccer fields. Stop those soccer balls from going off into the pond and into the woods. Rice Marsh Lake neighborhood trail around the park for $20,000 and that came up as a part of the conversation of the installation of the playground, so we’re down there working with the neighborhood and they said, we’ve seen these trails in other parks where when I’m playing with my young child, my older child can take the Big Wheel and go around in a circle. It’s just a way of really utilizing fully the park areas. We have good examples at North Lotus Lake Park. That’s what I would call a park trail. It’s an internal loop in a park which really adds value to the purchase the property. South Lotus Lake, we have a similar trail planned for $15,000. Then we’re doing some master planning update for our $10,000 for all of our park master plans are outdated. We want to get those up to date so we can have best planning possible. Bandimere Heights, this is your half court basketball court, $6,000 to replace the playground that we took out. And then tennis court resurfacing for $19,500. And then an item added late in the game, up to $30,000 as a matching contribution to the Chanhassen Elementary School playground. Park and Rec Commission – December 20, 2005 14 Parents have been coming into my office for a number of years and then also working with the principal and the school district, their playground is no longer up to safety codes, similar to what we experienced, and it was a joint partnership early on and always has been and so they’re going to work between the district and the APT to come up with the other $30,000. And then we’re going to allow them to manage that project and then they’ll come to you and ask for that $30,000 contribution. Bring a plan down here and say this is what we’re going to do. You can make a recommendation to the council on how you’d like to do that. That park acts as a school playground during the day and a community park at night, so that’s the list. A lot of work to do in 2006 so we’re not out of the woods yet. Scharfenberg: Todd, who will be invited for the athletic field improvement discussion? Hoffman: All the ball associations. So CAA, soccer. Scharfenberg: Probably Lacrosse. Hoffman: Yeah, lacrosse. Tonka United. Both, all the groups. If there’s anyone in particular, just send us an e-mail and we’ll get a mailing off to them. Stolar: …the amount of discussion, do we need to maybe consider having that meeting start a little earlier? Or you don’t think it will be that, or is this just to open up the idea? The discussions will actually occur a little later? Hoffman: No, yeah. Hopefully we can get through it. Stolar: Okay. If we have to postpone something. Hoffman: Or extend it. Stolar: Okay. Any questions for Todd? Dillon: So for the final approval of the capital budget, was it pretty much like a rubber stamp type of thing? Did they give you a lot of push back on some of the items? How did it go? Hoffman: It went very well with the council this year. They had a number of questions overall in the budget for the City Manager, but in general the process went very smoothly and they did not scrutinize your recommendation items. Took your word for it and approved it. Scharfenberg: Any update from the County on the dog park issue? Hoffman: Yes. Well the best update is that Marty skied in the park last Saturday and saw more dog walkers than skiers so he understands the issue clearly and from a personal perspective, but he’s just continuing to talk to the other municipalities and we’ll get an update from him later this winter. Park and Rec Commission – December 20, 2005 15 COMMISSION MEMBER COMMITTEE REPORTS. Stolar: Okay. Then committee reports. We only have one committee going on right now. It’s a surface water management and there’s really not a lot to report. I know we’re going to be working with both the environment and water departments to do some activities that will help surface water management in some of it, in Lake Ann? Hoffman: Lake Ann. Stolar: When we do the street resurfacing. So that will be a nice showcase also for some surface water management practices. Todd mentioned that to me so that will be next fall basically. Hoffman: And the watershed district is interested in participating. Stolar: Great. Any presentations? Well then administrative packet, any questions on the correspondence? COMMISSION MEMBER PRESENTATIONS: None. ADMINISTRATIVE PACKET: None. Spizale moved, Kelly seconded to adjourn the meeting. All voted in favor and the motion carried unanimously 7 to 0. Submitted by Todd Hoffman Park and Rec Director Prepared by Nann Opheim CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone 952 227 1100 Fax 952227 1110 Building Inspections Phone 952227 1180 Fax 9522271190 Engineering Phone 9522271160 Fax 952227 1170 Finance Phone 952227 1140 Fax 9522271110 Park Recreation Phone 952227 1120 Fax 952227 1110 Recreation Center 2310 Coulter Boulevard Phone 952 227 1400 Fax 952 227 1404 Planning Natural Resources Phone 952227 1130 Fax 952 227 1110 Public Works 1591 Park Road Phone 952 227 1300 Fax 952227 1310 Senior Center Phone 952227 1125 Fax 952 227 1110 Web Site WIIw ci chan hassen mn us 1e MEMORANDUM TO 7 C Paul Oehme Dir of Public Works City Engineer Alyson Fauske Assistant City Engineer atlf January 23 2006 FROM DATE SUBJECT Approve Expenditure of Funds to Westwood Church for West 78th Street Extension Project No 04 14 REQUESTED ACTION Approve expenditure of funds for the cost difference between a 26 foot wide driveway and a 31 foot wide street and associated storm water ponding wetland mitigation trail construction and landscaping BACKGROUND On July 12 2004 Council approved the site plan for the Westwood Church Expansion and authorized paying for the cost difference for oversizing the road On November 15 2004 former Assistant City Engineer Matt Saam sent a letter stating what the City would reimburse to Westwood Church for the cost difference associated with construction West 78th Street to City standards versus constructing a 26 foot wide driveway DISCUSSION After City Council approval of the Westwood Church site plan staff met with representatives from Westwood Church to discuss reimbursement options for a portion of the construction of West 78th Street The City agreed to reimburse for the additional cost associated with constructing a 31 foot wide street versus a 26 foot wide drive The agreed upon reimbursements were as follows 1 Oversizing of West 78th Street from a 26 foot wide driveway to a 31 foot wide street 18 238 03 2 Ten foot wide bituminous trail 16445 00 3 Additional wetland fill and mitigation required due to street widening 5 572 77 4 Additional ponding due to street widening 1 830 38 5 Landscaping along West 78th Street 10 362 00 6 Additional engineering costs 12 of the cost of Items 1 5 The City of Chanhassen A growing community with clean lakes quality schools a charming downtown thriving businesses winding trails and beautiful parks A great place to live work and play Paul Oehme January 23 2005 Page 2 On October 24 2005 Westwood Church s engineer Pioneer Engineering submitted a letter requesting additional reimbursement which is summarized as follows 1 Grading costs associated with constructing the oversizing of West 78th Street and the trail 8 671 91 Staff is not recommending approval 2 Additional subgrade correction for the West 78th Street oversizing 2 311 13 Staff is not recommending approval 3 Land cost for the additional 20 foot of right of way required to oversize West 78th Street and construct the bituminous trail 80400 00 Staff is recommending approval of this item Staff s opinion is that the grading costs associated with the oversizing of West 78th Street and the land costs for the additional 20 feet of right of way is above and beyond the original scope of the agreed upon reimbursable items The reimbursement for additional subgrade correction is a reasonable request REIMBURSEMENT A Recommended amount to be reimbursed from the Street Fund Reimbursable Item West 78th Street oversizing Landscaping Subtotal 12 engineering Amount 18 238 03 10 362 00 28 600 03 3432 00 32 032 03 2 311 13 34 343 16 Additional subgrade correction Total reimbursement Street Fund B Recommended amount to be reimbursed from the Surface Water Fund Reimbursable Item Wetland Mitigation Additional Ponding Subtotal 12 engineering Total reimbursement Surface Water Fund Amount 5 572 77 1 830 38 7403 15 888 38 8 291 53 Paul Oehme January 23 2005 Page 3 C Recommended amount to be reimbursed from the Park Fund Reimbursable Item lO foot wide bituminous trail 12 engineering Total reimbursement Park Fund Amount 16445 00 1 97340 18 41840 D Total Recommended Reimbursement Street Fund Surface Water Fund Park Fund Total 34 343 16 8 291 53 18418 40 61 053 09 RECOMMENDATION Staff recommends City Council approval of reimbursement to Westwood Church in the amount of 61 053 09 for the West 78th Street oversizing Attachments 1 July 12 2004 Staffreport 2 Nov 15 2004 letter from Matt Saam 3 Oct 24 2005 letter from Pioneer Engineering 4 Dec 12 2005 letter to Pioneer Engineering 5 Reimbursement Agreement c Dan Russ Welsh Development g eng projects westwood church w 78th st extension 04 14 012306 reimbursement for construction doc z u Q 00 PC DATE June 15 2004 CC DATE July 12 2004 CITY OF CHANHASSEN REVIEW DEADLINE July 13 2004 CASE 04 20 BY REG LH ML JS MS ST STAFF REPORT PROPOSAL Request for Site Plan Approval to expand the parking lot W 166 spaces and the extension of West 78th Street and a Wetland Alteration Permit to alter and fill wetlands on site Westwood Community Church LOCATION 3121 Westwood Drive west ofTH 41 at Tanadoona Drive APPLICANT Dan Russ c o Welsh Development 7807 Creekridge Circle Minneapolis MN 55439 2609 952 897 7745 Westwood Community Church 3121 Westwood Drive Excelsior MN 55331 PRESENT WNING Office and Institutional District 01 2020 LAND USE PLAN Public Semi Public ACREAGE 58 61 acres DENSITY N A SUMMARY OF REQUEST The applicant is proposing the expansion ofthe parking lot by W 166 spaces extension of a driveway to the proposed West 78th Street extension and construction of the West 78th Street extension No additional buildings are proposed as part ofthe current site plan LEVEL OF CITY DISCRETION IN DECISION MAKING The City s discretion in approving or denying a site plan is limited to whether or not the proposed project complies with Zoning Ordinance requirements Ifit meets those standards the City must then approves the site plan This is a quasi judicial decision Planning Connnission Westwood Community Church Case No 04 20 June 15 2004 Page 2 PROPOSAUSUMMARY The site was previously developed with the first phase of an ultimate project that will create a campus for Westwood Connnunity Church The applicant is proposing the eXfansion of the parking lot by 166 spaces extension of a driveway to the proposed West 78 Street extension and construction ofthe West 78th Street extension No additional buildings are proposed as part of the current site plan It should be noted that the extension of West 78th Street will be a public private partnership Westwood Church is onl r uired to build a 26 foot wide drivewa with curb and tter to serve their develo ment Staff is reconnnending approval ofthe site plan for the parking expansion driveway connection and West 78th Street extension and the wetland alteration permit BACKGROUND On September 27 2001 the Chanhassen City Council approved the following Land use amendment from Residential Low Density to Public Semi Public based on the findings in the staff report and contingent upon Metropolitan Council review and approval Rezoning ofthe property from Rural Residential RR to Office and Institutional 01 based on the findings in the staff report Site Plan 2001 10 plans prepared by Hannnel Green and Abrahamson Inc dated July 6 2001 with a one story variance from the Office and Institutional district regulations and a 2 5 foot variance from the 40 foot building height Highway Corridor District regulations Wetland Alteration Permit to alter and fill 34 900 square feet 0 8 acres of wetlands However only part ofthe wetland alteration occurred for the extension ofthe sewer and construction ofthe storm water pond APPLICABLE REGULATIONS Chapter 20 Article II Division 6 Site Plan Review Chapter 20 Article VI Wetlands Chapter 20 Article XXI Of Office and Institutional District Planning Commission Westwood Community Church Case No 04 20 June 15 2004 Page 3 GENERAL SITE PLAN ARCHITECTURE The applicant is proposing the ex ansion ofthe parking lot by 166 spaces extension of a driveway to the proposed West 78 Street extension and construction ofthe West 78th Street extension No additional buildings are proposed as part ofthe cWTent site plan LANDSCAPING The applicant is proposing parking lot landscaping consistent with the existing lots The center island landscaping uses crabapples in a mass organized planting Plantings along the entryway drive are the same species as the existing lot creating a uniform view into the site Vehicular use landsc Trees parking lot Re uired area 5 952 s ft 240verstory 12 islands peninsulas Pro sed 5 952 s ft 12 overstory 60 understory 2 islands ninsulas Proposed landscaping meets minimum ordinance requirements The applicant is consistent with the parking lot landscaping previously approved for the existing lots As before the applicant is installing trees that are smaller than ordinance requirements but planting more than are required The smaller sizes are acceptable to staffbecause the applicant is meeting the minimum requirements for caliper inches rather than quantities of materials For example there are 24 overstory trees required for the parking lot At the required size of2 W diameter a total of 60 inches is required The applicant is proposing 72 trees measuring 1 1 W diameter for a total of 85 diameter inches Staff supports this approach for two reasons Firstly it has been documented that planting smaller sized materials often results in healthier less stressed plants due to the reduction in root loss and transplant stress Secondly the site ultimately gets nearly twice the number ofplants as it would have had the applicant proposed the standard required size ofmaterials Ordinance requires boulevard trees along all collector roads The extension ofWest 78th Street will require an overstory tree every 30 feet WETLANDS Existing Wetlands There are two aglurban wetlands present on site Svoboda Ecological Resources SER delineated the wetlands in May 1997 and reexamined the site on May 9 2001 Wetland 1 is a Type 2 wetland located in the south central portion ofthe property just south of the existing building The northern part ofthe wetland is dominated by reed canary grass while the southern part of the wetland supports forest vegetation such as box elder The applicant is proposing wetland fill for a road in order to provide circular vehicular movement around the Planning Commission Westwood Community Church Case No 04 20 June 15 2004 Page 4 campus This road is proposed to cross Wetland 1 just north ofthe southern property line The width and height ofthe road have been minimized in order to reduce the amount ofwetland impact required The total proposed impact to Wetland 1 is 30 033 square feet 0 70 acres Wetland 2 is a Type 1 wetland located at the far west end ofthe parcel It is dominated by American elm and green ash with an understory of greater straw sedge No wetland impact is proposed for this basin Wetland Replacement The applicant is proposing the construction of31 650 square feet 0 73 acres ofnew wetland credit NWC adjacent to Wetland 1 The applicant has proposed employing storm water ponds constructed with this phase 14 500 square feet as public value credit PVC for a portion ofthe required 2 1 replacement ratio The applicant has also proposed using 13 916 square feet ofPVC that was created with the first phase ofthis project Minnesota Rule 8420 0740 Subp 1 F states that In cases where excess wetland acreage is expected to result from a specific replacement plan the owner must indicate on the replacement plan that the excess acreage is to be considered available for wetland banking or lose the opportunity to use the excess credits for future projects Since this was not done with the initial wetland alteration permit these public value credits are not available The applicant should develop an amendment to the wetland replacement plan to achieve the required 2 I replacement provide the additional required 13 916 square feet without employing credits constructed during the first phase Wetland replacement must occur in a manner consistent with the Minnesota Wetland Conservation Act MR 8420 The applicant must receive the City s approval of awetland replacement plan prior to any wetland impact occurring The applicant should provide proof of recording of a Declaration of Restrictions and Covenants for Replacement Wetland A wetland buffer 0 to 20 feet in width with a minimum average of 10 feet must be maintained around all existing and proposed wetlands Wetland buffers proposed for PVC must maintain a width of 16 5 feet Wetland buffer areas should be preserved surveyed and staked in accordance with the City s wetland ordinance The applicant will install wetland buffer edge signs under the direction of City staff before construction begins and will pay the City 20 per sign All structures must maintain a 40 foot setback from the edge ofthe wetland buffer GRADING DRAINAGE AND EROSION CONTROL The grading for this site can be broken into two separate operations one is for the additional parking lot on the north side ofthe site and the other is for the extension of West 78th Street at the south end of the site The additional parking area was previously rough graded with the original Westwood Church project The applicant is now proposing to finish grade the area for paving At the south end ofthe site the entire south property line will be graded for the extension of West 78th Street from Highway 41 In addition two driveways will be graded to the Planning Commission Westwood Community Church Case No 04 20 June 15 2004 Page 5 north ofWest 78th Street for access to the new road The applicant will also be grading for the construction of a new pond and wetland mitigation area To avoid significant grading into the Landscape Arboretum s property at the southeast corner of the site a retaining wall ranging in height from 4 to 9 is proposed A permit for the proposed retaining wall is required to be obtained from the Building Department and the wall must be designed by a registered structural engineer Even with the wall there is a small amount of grading that is proposed on the northeast corner ofthe Arboretum s property This off site grading will require a temporary easement or right of entry agreement from the Arboretum Should earthwork quantities not balance on site and materials need to be imported or exported from the site the developer will need to supply the City with a detailed haul route for review and approval by staff In addition if material is proposed to be exported to another location in Chanhassen it should be noted that the properties would be required to obtain an earthwork permit from the City All areas disturbed as a result of construction related activity must be sodded and or seeded and disc mulched within two weeks of disturbance Drainage from the new parking lot will be conveyed via storm sewer to an existing public pond off the northeast corner of the site This existing pond has been previously sized for the additional impervious drainage so no further improvements are required A new pond at the south end ofthe site is proposed to treat a large majority ofthe drainage from the new public street private driveways and future parking lots on the church property The pond will discharge the treated stormwater to the existing wetland just east ofthe pond This wetland then drains south into the Arboretum s property The outlet rate from this wetland is required to be the same or less than the existing flow rate ofstormwater onto the Arboretum s property The eastern 300 feet of new West 78th Street is proposed to drain to the Highway 41 ditch at the northwest comer of the intersection This will require a MnDOT drainage permit In addition an NPDES permit and Watershed district permit will be required for the project grading Drainage calculations for the existing and proposed conditions including the 10 and 100 year runoff rates along with storm sewer sizing data has been submitted for staff review Staff has reviewed the calculations and found that only minor modifications are needed Drainage and utility easements will be required over the wetland pond and the adjacent mitigation areas An easement for access purposes will also be required for future maintenance of the wetlands Erosion control measures and site restoration must be developed in accordance with the City s Best Management Practice Handbook BMPH Staff recommends that the City s Type II silt fence which is a heavy duty fence be used adjacent to all existing wetlands and ponds In addition erosion control blankets should be used on all slopes 3 1 or greater with heights of 6 or more Stonn Water Management According to July 18 2001 correspondence from Peter Olin with regard to the previous phase the Arboretum has reviewed the plans for the Westwood Church Development The Arboretum is concerned that the culverts under the West 78th Street extension will affect the volume and Planning Commission Westwood Community Church Case No 04 20 June 15 2004 Page 6 rate ofrunoff from the site and that this in turn will affect the research plots on the Arboretum property The proposed development is required to maintain existing runoffrates Staffwill review the storm water calculations to ensure runoff rates will not increase as aresult of the proposed development The applicant may want to work with the Arboretum to ensure their concerns are addressed Easements Drainage and utility easements should be provided over all existing wetlands wetland mitigation areas buffer areas used for mitigation credit and storm water ponds Erosion Control Erosion control blanket should be installed on all slopes greater than or equal to 3 1 All exposed soil areas must have temporary erosion protection or permanent cover year round according to the following table of slopes and time frames Steeper than 3 1 10 lt03 1 Flatter than 10 1 7 days 14 days 21 days Maximum time an area can remain open when the area is not actively being worked Type of Slope Time These areas include constructed storm water management pond side slopes and any exposed soil areas with a positive slope to a storm water conveyance system such as a curb and gutter system storm sewer inlet temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water Street cleaning of soil tracked onto public streets should include daily street scraping and street sweeping as needed Surface Water Management Fees Since the proposed project does not require the subdivision ofproperty it is not subject to water quality and water quantity connection charges Other Agencies The applicant shall apply for and obtain permits from the appropriate regulatory agencies e g Minnehaha Creek Watershed District Minnesota Pollution Control Agency Minnesota Department ofNatural Resources for dewatering and Army Corps of Engineers and comply with their conditions of approval Planning Commission Westwood Community Church Case No 04 20 June 15 2004 Page 7 UTILITIES With no building expansion being proposed at this time no utility improvements are proposed except for a short watennain extension under new West 7Sth Street at the southeast comer of the site This watennain is meant for future development purposes STREETS ACCESS As a condition of approval for the development ofthe original Westwood Church project a second driveway access at the intersection of West 7Sth Street was required to be constructed prior to any further development of the site As such Westwood Church is now Proposing to construct a secondary access to the site with the expansion oftheir parking area To accompnthisWestwoodChurchhasacuiredthetwo0ertiesatthesoutheastcomeroftheirsite The City is in favor ofhaving a public street for a few reasons it will provide an alternate access for church traffic to exit the site it will provide a future access for the development of the property CarlsonBrandt west ofthe church s site and it will provide a secondary access for the Dogwood Road residents in the future The extension of West 7Sth Street is proposed as a 3 I foot wide public street with concrete curb and gutter The street has been shown within an SO foot easement A 10 foot wide bituminous trail is also included to provide pedestrianlbike access from future development to the west The proposed trail will connect with the existing trail system on the east side ofHighway 41 A financial security will be required to guarantee installation ofthe public improvements In 2001 when staffwas previously considering the extension of West 7Sth Street the Landscape Arboretum expressed no interest in the project or of having the road on their property Because of this the entire length ofthe proposed West 7Sth Street extension has been shown on the Church s ProPerty This also necessitates the re alignment ofthe existing West 7Sth StreetlHighway 41 intersection on the east side ofthe highway The existing intersection does not line up with the proposed extension of West 7Sth Street All of the necessary intersection and turn lane improvements will be completed with this project The City has retained the services of a traffic engineer to look at the proposed intersection layout and ensure that it will operate effectively based on the uhimate development of the area Staff hopes to have the results of this traffic study in time for the June 15 2004 Planning Commission meeting As previously mentioned Westwood Church is required to construct a 26 foot wide driveway with concrete curb and gutter per City Code The proposed access driveway to the existing church site from West 7Sth Street is labeled as a Temporary Parking Drive that is 24 feet wide with no curb and gutter It is staffs understanding that the church intends to expand within the next five years but that there are no specific plans for future building locations andor elevations As such staff would recommend that bituminous curb and gutter be added to the temporary driveway Additionally a condition should be included with this approval that prior to any future building expansion to the west side of the existing church building the temporary access driveway from West 7Sth Street will be brought up to current standards in effect at the time Planning Connnission Westwood Connnunity Church Case No 04 20 June 15 2004 Page 8 RECOMMENDATION Staff and the Planning Commission reconnnend that the Plannmg Commission Chanhassen City Council adopt the following motions A B A The Planning Commission recommends appro al of Chanhassen City Council approves Planning Case 04 20 Site Plan Review for a l66 space parking lot expansion extension of temporary drive and extension of West 78th Street plans prepared by Pioneer Engineering dated May 14 2004 subject to the following conditions 1 The applicant shall enter into a site plan agreement with the City and provide the necessary security to guarantee erosion control site restoration and landscaping 2 Tree preservation fencing shall be installed around all existing landscaping at the edge of grading limits 3 Any existing landscaping that is removed must be replaced when the parking lot construction is completed 4 The landscape islands shall be filled with wood chips include mulch rings around the trees and be seeded or sodded elsewhere 5 Overstory trees are required along West 78th St one every 30 feet 6 Three accessible parking spaces must be added to the existing accessible parking area 7 Wetland replacement shall occur in a manner consistent with the Minnesota Wetland Conservation Act MR 8420 The applicant shall receive the City s approval of a wetland replacement plan prior to any wetland impact occurring 8 A wetland buffer 0 to 20 feet in width with a minimum average of 10 feet shall be maintained around all existing and proposed wetlands wetland buffers proposed for PVC must maintain a width of 165 feet Wetland buffer areas shall be preserved surveyed and staked in accordance with the City s wetland ordinance The applicant shall install wetland buffer edge signs under the direction of City staff before construction begins and will pay the City 20 per sign 9 All structures shall maintain a 40 foot setback from the edge of the wetland buffer 10 The proposed development shall maintain existing runoffrates Storm water calculations shall be submitted to staff to ensure runoff rates will not increase as a result of the proposed development The applicant may work with the Arboretum to ensure their concerns are addressed Planning Commission Westwood Community Church Case No 04 20 June 15 2004 Page 9 11 Drainage and utility easements shall be provided over all existing wetlands wetland mitigation areas buffer areas used for mitigation credit and storm water ponds 12 Erosion control blanket shall be installed on all slopes greater than or equal to 3 1 All exposed soil areas shall have temporary erosion protection or permanent cover year round according to the following table ofslopes and time frames Type of Slope Time Maximum time an area can remain open when the area is not actively being workedSteeperthan31 10 1t03 1 Flatter than 10 1 7 days 14 days 21 days These areas include constructed storm water management pond side slopes and any exposed soil areas with a positive slope to a storm water conveyance system such as a curb and gutter system storm sewer inlet temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water 13 Street cleaning ofsoil tracked onto public streets shall include daily street scraping and street sweeping as needed 14 The applicant shall apply for and obtain permits from the appropriate regulatory agencies e g Minnehaha Creek Watershed District Minnesota Pollution Control Agency Minnesota Department ofNatural Resources for dewatering and Army Corps ofEngineers and comply with their conditions ofapproval 15 All final plans must be signed by a registered civil engineer 16 Use the latest version 2004 ofthe City s Standard Detail Plates 17 The twin storm sewer culverts under West 78th Street must be RCP Class 5 18 The existing driveway from Highway 41 to the existing homes in the northwest comer of the West 78th Street intersection must be removed and seeded or sodded 19 Include concrete drive vay aprons and pedestrian ramps for both proposed driveways off of new Nest 78th Street 20 The new painted median for the eastbound West 78th Street traffic on the east side of Highway 41 must be a raised concrete median with pedestrian ramps 21 Install a temporary turnaround with barricades and a sign stating This street to be extended at the west end ofnew West 78th Street Planning Commission Westwood Community Church Case No 04 20 June 15 2004 Page 10 22 Provide a pedestrian ramp at the northeast comer of the new West 78th StreetlHighway 41 intersection for connection to the future city trail 23 InCOrPOrate the conditions ofthe MnDOT review letter dated June 1 2004 into the plans 24 Show all of the proposed grades for the new driveway to the existing home in the southeast comer ofthe site 25 A permit for the proposed retaining wall is required to be obtained from the Building Department and the wall must be designed by a registered structural engineer 26 Off site grading will require a temporary easement or right of entry agreement from the Arboretum 27 Should earthwork quantities not balance on site and materials need to be imported or exported from the site the developer will need to supply the City with a detailed haul route for review and approval by staff In addition if material is proposed to be exported to another location in Chanhassen it should be noted that the properties would be required to obtain an earthwork permit from the City 28 All areas disturbed as a result of construction related activity must be sodded andor seeded and disc mulched within two weeks of disturbance 29 A MnDOT drainage permit will be required In addition an NPDES permit and Watershed district permit will be required for the project grading 30 Drainage and utility easements will be required over the wetland pond and the adjacent mitigation areas An easement for access purposes will also be required for future maintenance ofthe wetlands 31 Erosion control measures and site restoration must be developed in accordance with the City s Best Management Practice Handbook BMPH Staff recommends that the City s Type II silt fence which is a heavy duty fence be used adjacent to all existing wetlands and ponds In addition erosion control blankets should be used on all slopes 3 1 or greater with heights of 6 or more 32 A financial security will be required to guarantee installation ofthe public improvements 33 Bituminous curb and gutter must be added to the temporary driveway 34 Prior to any future building expansion to the west side of the existing church building the temporary access driveway from West 78th Street must be brought up to current standards in effect at the time Planning Commission Westwood Community Church Case No 04 20 June 15 2004 Page 11 35 The raised mediaB OB Vest 78th Street OB the east side ofTH 41 whim is proposed to be removed shaD be replaeed iR the eeFFeet aligBmeBt with tile westward exteBsioB of West 78th 36 A sidewalk shall be extended along the main driveway from the main entrance of the church on the east side to the northern end of the driveway where the new parking lot ends and two diagoBal walkways similar to the Borthwest parkiBg let sidewalks shall be extended to the east through the landscape islands of the new parking lot 37 Additional landscaping along the north side on Tanadoona Drive 38 Require pub lie safety omeer to eOBtiBue workiBg the two iBtersemoBs as diFeeted by pub lie safety The church shall continue to use a public safety officer to monitor and direct traffic from the church for three months following the completion of West 78th Street After three months of observation traffic operations shall be reevaluated and the use of public safety officer shall be required as needed B The Plaflfling COtIHlliSSiOfl recommeBds approval of Chanhassen City Council approves Planning Case 04 20 Wetland Alteration Permit to alter and fill wetlands on site plans prepared by Pioneer Engineering dated May 14 2004 subject to the following conditions 1 The applicant shall develop an amendment to the wetland replacement plan to achieve the required 2 1 replacement without employing credits constructed during the first phase 2 Wetland replacement shall occur in a manner consistent with the Minnesota Wetland Conservation Act MR 8420 The applicant shall receive the City s approval ofa wetland replacement plan prior to any wetland impact occurring The applicant shall provide proof of recording of a Declaration ofRestrlctions and Covenants for Replacement Wetland 3 A wetland buffer 0 to 20 feet in width with a minimum average of 10 feet shall be maintained around all existing and proposed wetlands Wetland buffers proposed for PVC must maintain a width of 16 5 feet Wetland buffer areas shall be preserved surveyed and staked in accordance with the City s wetland ordinance The applicant shall install wetland buffer edge signs under the direction of City staff before construction begins and will pay the City 20 per sign 4 All structures shall maintain a 40 foot setback from the edge of the wetland buffer 5 The proposed development shall maintain existing runoff rates Storm water calculations shall be submitted to staff to ensure runoff rates will not increase as a result of the proposed development The applicant may work with the Arboretum to ensure their concerns are addressed Planning Connnission Westwood Connnunity Church Case No 04 20 June 15 2004 Page 12 6 Drainage and utility easements shall be provided over all existing wetlands wetland mitigation areas buffer areas used for mitigation credit and storm water ponds 7 Erosion control blanket shall be installed on all slopes greater than or equal to 3 1 All exposed soil areas shall have temporary erosion protection or permanent cover year round according to the following table ofslopes and time frames Type of Slope Time Maximum time an area can remain open when the area is not actively being workedSteeperthan31 10 1 to 3 1 Flatter than 10 1 7 days 14 days 21 days These areas include constructed storm water management pond side slopes and any exposed soil areas with a positive slope to a storm water conveyance system such as a curb and gutter system storm sewer inlet temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water 8 Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as needed 9 The applicant shall apply for and obtain permits from the appropriate regulatory agencies e g Minnehaha Creek Watershed District Minnesota Pollution Control Agency Minnesota Department ofNatural Resources for dewatering and Army Corps ofEngineers and comply with their conditions of approval ATTACHMENTS 1 Findings of Fact and Reconnnendation 2 Development Review Application 3 Reduced Copy Site Survey 4 Reduced Copy Site Plan 5 Reduced Copy Parking Lot Construction 6 Reduced Copy Grading Drainage Erosion Control Plan G l 7 Reduced Copy Grading Drainage Erosion Control Plan G 2 8 Reduced Copy Landscape Plan 9 Letter from Juanita Voigt MnDOT to Kate Aanenson dated June 1 2004 10 Public Hearing Notice Affidavit ofMailing g plan2004 planning cases04 20 westwood community church spr wapstaff report westwood doc CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone 952227 1100 Fax 9522271110 Building Inspections Phone 9522271180 Fax 9522271190 Engineering Phone 952227 1160 Fax 952227 1170 Finance Phone 952 227 1140 Fax 952227 1110 Park Recreation Phone 952 227 1120 Fax 952 227 1110 Recreation Center 2310 Coulter Boulevard Phone 952 227 1400 Fax 952227 1404 Planning Natural Resources Phone 952 227 1130 Fax 952 227 1110 Public Works 1591 Park Road Phone 952227 1300 Fax 952 227 1310 Senior Center Phone 952227 1125 Fax 952 227 1110 Web Site www ci chanhassen mn us November 15 2004 Mr Bill Eggert Westwood Community Church 3121 Westwood Drive Excelsior MN 55331 Re W 78th Street Oversizing Project No 04 14 Dear Bill In accordance with previous discussions between the City and Westwood Church representatives the City has agreed to reimburse the Church for the extra width or oversizing of new West 78th Street This reimbursement will include costs for 1 Oversizing W 78th Street from a 26 foot driveway with concrete curb and gutter to a 31 foot bituminous street with concrete curb and gutter 2 Ten foot wide bituminous trail 3 Additional wetland fill mitigation due to street widening 4 Additional ponding due to street widening 5 Landscaping along W 78th Street 6 Additional engineering cost Based on the attached construction bid from Midwest Asphalt Corp the reimbursement total has been calculated below 1 Five Foot Street Widening from Stat 0 20 to Stat 14 29 a Additional area calculation Length 1429 ft 20 ft 1409ft Area length x width 1409 ft x 5 ft x 1 sq yd 783 sq yds 9 sq ft b Total road section cost for additional area Bid Item Subgrade Prep 24 Select Granular 12 Class 5 Agg 2 Bituminous Base 15 Bituminous Base CostSq Yd 035 10 50 5 85 3 65 2 85 2320 The City 01 Chanhassen A growing community with clean lakes quality schools a charming downtown thriving businesses winding trails and beautiful parks A great place to live work and play W 78th Street Oversizing November 15 2004 Page 2 Pavement Cost 783 sq yds x 23 20 18 165 60 sq yd Tack Coat Cost 783 sq yds x 05 gal x 1 85 7243 sq yd gal Total 18165 60 7243 18 238 03 2 Ten Foot Wide Bituminous Trail from Stat 0 40 to Stat 13 75 a Trail length 1 375 ft 40 ft 1 335 ft b Total trail cost 10 bituminous trail 1 335 ft x 12 00 16 020 ft 1 ped Ramp 425 Total 16 020 425 16 445 3 Wetland FillMitigation a Increase in street section width from driveway to street Width of driveway section 26 drive 4 shoulder 4 shoulder 34 ft Width of street section 31 street 4 shoulder 9 blvd 10 trl 54 ft Width increase 54 ft 34 ft 20 ft b Increase in fill area Length of wetland at W 78th St 295 ft Area length x width 295 ft x 20 ft 5 900 sq ft c Increase Total amount of wetland fill 30 033 sq ft increase 5 900 sq ft 196 or 19 6 of the total fill area 30 033 sq ft d Unit volume cost for grading Total grading bid cost 122 800 Total amount of cut volume 55 000 cu yds Volume Cost 122 800 2 23 cu yd 55 000 cu yd e Cost for additional mitigation Total cut volume in mitigation area 12 750 cu yds W 78th Street Oversizing November 15 2004 Page 3 Total cost Total cut vol x Vol cost x increase 12 750 cu yds x 223 x 196 5 572 77 cu yd 4 Additional Ponding a Dead storage pond volume required for 26 wide driveway from pond calculations of Doug Stahl at Pioneer Engineering Drainage area 9 36 ac CN 86 Runoff Q P 0 2S 2 where P 2 5 in P 0 8S S 1 000 10 CN 1 000 10 86 1 63 in So Q r2 5 0 20 63 12 124 in 2 5 0 8 163 Total pond volume Q area 1 24 in 9 36 ac x 12 in 0 97 ac ft b Dead storage pond volume required for 31 street from pond calculations of Doug Stahl Drainage area 9 65 ac CN 87 Runoff Q P 0 2S 2 where P 2 5 in P 0 8S S 1000 10 CN 1 000 149 in 87 149 in So Q r2 5 0 2 149 12 1 31 in 2 5 0 8 149 Total pond volume Q area 1 31 in 9 65 ac x 12 in 1 05 ac ft c increase in pond volume increase Vol Street Vol Drivewav x 100 V 01 Street W 78th Street Oversizing November 15 2004 Page 4 1 05 0 97 x 100 7 6 1 05 d Cost for additional ponding Total pond excavation 10 800 cu yd Unit vol cost see above 3 d 2 23 cu yd Total cost total pond excavation x vol cost x increase 10 800 cu yds x 2 23 x 076 cu yd 1 830 38 5 W 78th Street Landscaping Since this is not on the attached bid the City will reimburse at typical prices for the trees below Tree 2 Hackberry 2 Red Maple Quantity 23 21 Price 225 247 Total Cost Total 5175 5 187 10 362 6 Additional Engineering Engineering costs are typically 12 of the project construction cost so Total additional construction cost 18 238 03 16445 00 5 572 77 1 830 38 10362 00 52448 18 Total Engineering costs 52448 18 x 12 6 293 78 Total Reimbursement 52448 18 6293 78 58 741 96 or 58 742 Based on the above calculations the City will reimburse the Church 58 742 for the oversizing of W 78th Street Please review these calculations and let me know of any concerns you have Upon hearing from you I will schedule the request on a future Council agenda for approval W 78th Street Oversizing November 15 2004 Page 5 If you have any questions please contact me at 952 227 1164 or by email at msaam@ci chanhassen mn us Sincerely CITY OF CHANHASSEN Matt Saam P E Assistant City Engineer MS js Attachment Midwest Asphalt Bid dated July 30 2004 c Paul Oehme City EngineerDir of Public Works g eng projects westwood church w 78th sL extension 04 14reimbursemenLdoc October 24 2005 Dan Russ Welsh Development 7807 Creekridge Circle Minneapolis Minnesota 55439 2609 Re WESTWOOD CHURCH West 78th Street P E Job 104049 Dear Dan We have reviewed the November 15 2004 City of Chanhassen letter regarding the West 78th Street oversizing We feel there are a couple of additional items that should be included in the oversizing costs 1 The grading costs for the increased size of the treatment basin and wetland mitigation areas have been included in the oversizing costs The grading cost to build the extra 20 width to the roadway and trail was not We calculated the additional fill required for the 20 extra width to be 3 889 cubic yards Roadway grading cost 3 889 cu yds x 2 23 Cu Yd 8 671 91 2 Due to soft subgrade the City of Chanhassen required additional subgrade correction and sand for the constlUction of West 781h Street Ifthe roadway were to remain private this additional cost may not have been required The Midwest Asphalt invoice for the removal and replacement for the unsuitable material is 14 329 00 Cost of 5 oversize on 31 roadway 5 31 x 14 329 00 2 311 13 3 The additional 20 width required for the 31 roadway and trail will restrict the amount of parking and developable land for the future phase of the site The loss of the 20 and associated setback from the right of way will result in the loss of future parking The value of this land should be considered The area of the total West 7801 Street right of way is 3 500 Acres The area of the 20 oversizing width is 0 804 Acres Cost of20 oversizing 0 804 x 100 000 80400 00 Please give me a call with any questions at 651 681 1914 Sincerely PIONEER ENGINEERING P A Douglas A Stahl P E DAS jas CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone 952227 1100 Fax 952 227 1110 Building Inspections Phone 952227 1180 Fax 9522271190 Engineering Phone 952 227 1160 Fax 9522271170 Finance Phone 952227 1140 Fax 952227 1110 Park Recreation Phone 952 227 1120 Fax 952 227 1110 Recreation Center 2310 Coulter Boulevard Phone 952227 1400 Fax 952 227 1404 Planning Natural Resources Phone 952227 1130 Fax 952227 1110 Public Works 1591 Park Road Phone 9522271300 Fax 952 227 1310 Senior Center Phone 952 227 1125 Fax 952227 1110 Web Site www ci chanhassen mn us December 12 2005 Dan Russ Welsh Development 7807 Creekridge Circle Minneapolis MN 55439 2609 Re Westwood ChurchWest nili Street Extension Project No 04 14 Dear Dan On October 24 2005 you forwarded a copy of Pioneer Engineering s letter regarding additional costs that Pioneer Engineering feels that the church should be reimbursed Having not been involved in this project from the beginning I looked through the files to find documentation stating what the City would reimburse The three requests per the October 24 2005 letter and the City s response are as follows 1 Road grading costs 8 67191 The City s West nili Street widening reimbursement was based on the information submitted by Pioneer Engineering on August 4 2004 which does not include grading costs The City has money budgeted for the agreed upon reimbursable items only and therefore will not reimburse any money for the grading costs 2 Additional subgrade cOlTection 2 311 13 This is a reasonable request that staff will take to City Council for formal approval 3 West nili Street right of way reimbursement 80400 00 Documentation in the City s file indicates that Westwood agreed to be the responsible party for the right of way acquisition required to extend West 78ili Street Further the Permanent Drainage Utility and Roadway Easement signed by yourself and the City states that the reimbursement amount for the easement is 1 00 therefore the City will not reimburse 80400 00 for the easement acquisition If you have any questions please call me at 952 227 1164 Sincerely CITY OF CHANHASSEN iu Alyson lauske P E Assistant City Engineer c Paul Oehme City EngineerPublic Works Director Bill Bement Engineering Teclmician IV The City 01 Chanhassen A growing colii wRjro maRi 81i PJ falmirlif MIfIffitW Ir@H winding trails and beautiful parks A great place to live work and play REIMBURSEMENT AGREEMENT AGREEMENT made this day of 2006 by and between the CITY OF CHANHASSEN a Minnesota municipal corporation City and WESTWOOD COMMUNITY CHURCH Developer RECITALS A On July 12 2004 the City approved Site Plan Permit 04 20 for a 166 space parking lot expansion extension ofa temporary drive and extension of West 78th Street B The City has agreed to reimburse the Developer certain costs for the construction of West 78th Street Street Project C The Developer has completed construction of the Street Project and has conveyed an easement for the street to the City NOW THEREFORE IN CONSIDERATION OF THEm MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS 1 REIMBURSEMENT In satisfaction of the City s obligation to reimburse the Developer for the Street Project the City shall pay the Developer 61 053 09 and the Developer accepts as payment in full 61 053 09 CITY OF CHANHASSEN BY Thomas A Furlong Mayor AND Todd Gerhardt City Manager BY 122787 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone 952227 1100 Fax 952 227 1110 Building Inspections Phone 952227 1180 Fax 952227 1190 Engineering Phone 952227 1160 Fax 952227 1170 Finance Phone 952 227 1140 Fax 952227 1110 Park Recreation Phone 952227 1120 Fax 952227 1110 Recreation Center 2310 Coulter Boulevard Phone 952227 1400 Fax 952227 1404 Planning Natural Resources Phone 952 227 1130 Fax 952 227 1110 Public Works 1591 Park Road Phone 952227 1300 Fax 952227 1310 Senior Center Phone 952 227 1125 Fax 952227 1110 Web Site www ci chanhassen mn us it MEMORANDUM 0 TO Paul Oehme City EngineerPublic Works Director FROM Alyson Fauske Assistant City Engineer Gl DATE January 23 2006 SUBJ Approve Assignment of Development Contract for Frontier 3rd Addition Project No 03 07 Simple Majority Vote Required On November 8 2004 the City Council approved the development contract for Frontier 3rd Addition Subdivision In conjunction with the sale of the property the developers Charles R Stinson and Robert G Bolling have requested that the development contract be assigned to Boyer Building Corporation The developer has met the terms of Paragraph 8 Part A having paid the 9 517 00 cash fee on February 23 2004 RECOMMENDA TION Staff recommends that City Council approve the assignment of the development subject to the following conditions 1 Boyer Building Corporation is required to submit a letter of credit in the amount of 54 109 00 before the Agreement is executed by the City 2 Before the Agreement is executed by the City the Mortgage Holder Consent to Assignment of Development Contract if applicable 3 A 56 cash fee for recording purposes must be submitted before the City executes the Agreement 4 The conditions of approval stipulated in the November 8 2004 development contract remain as stated with the exception of Paragraph 8 Part A regarding payment of cash fees 5 Boyer Building Corporation is required to submit a request to extend the time of performance for the proposed public improvements for City Council consideration at a future meeting Attachments January 4 2006 fax from Charles Stinson Assignment of Development Contract c Charles Stinson John Boyer G ENGPROJECTS Frontier 3rd formerly Lahaye Addition Assign DC BoyeLdoc The City of Chanhassen A growing community with clean lakes quality schools a charming downtown thriving businesses Winding trails and beautilul parks A great place to live work and play e O 1 50a CHARLES STINSON 612 473 4371 CHARLES R STINSON ARCHITECTSWWWCRURCHCOM 2 200 F5 Ms Alyson Fauske Assistant City Engineer 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Dear Ms Fauske I am requesting that the Development Contract for Frontier 3rdAddition be placed on the January 23 2006 City Council agenda for amodificationspecificallychangingthenameofthedeveloper fromCHARLESRSTINSONROBERTGBOLLINGtoBoyerBuildingCorporation The conditions of approval remain as previously approved If you have any questions please feel free to contact me at9524739503 Sincerely 1i1952 473 9503 11952 473 4371 IJINFO@CRSARCH COM18304MINNETONKABOULEVARDDEEPHAVENIIIN55391 p l fAl reservedfor recording information ASSIGNMENT OF DEVELOPMENT CONTRACT AGREEMENT dated 20 by between and among the CITY OF CHANHASSEN a Minnesota municipal corporation City Charles Stinson Charles R Stinson Architects the Developer and Boyer Building Corporation the Successor Developer RECITALS A The City and the Developer have entered into a Development Contract dated November 8 2004 concerning the plat ofFrontier Third Addition recorded with the Carver CountyRecordersofficeonAugust42005asDocumentNoA420380theDevelopmentContract B The Developer has asked the City to approve the assignment of its rights and obligations under the Development Contract to the Successor Developer C Paragraph K of the Development Contract authorizes the City to approve the assignment ofthe Development Contract NOW THEREFORE IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS 1 ASSIGNMENT The Developer s rights and obligations under the DevelopmentContractareassignedtotheSuccessorDevelopersubjecttothetermsofthisAssignmentThe Successor Developer accepts the assignment and agrees to be bound by its terms 2 EFFECTIVE DATE OF ASSIGNMENT This Assignment shall be effective when the Successor Developer furnishes the City the security required by the DevelopmentContract 122852vOl RNK OlllO 2006 1 3 BINDING EFFECTIRECORDING This Assignment may be recorded againstthetitletothelanddescribedintheDevelopmentContractandisbindinguponthepartiestheir successors heirs and assigns CITY OF CHANHASSEN BY Thomas A Furlong Mayor SEAL AND Todd Gerhardt City Manager Clerk DEVELOPER BY Charles R Stinson BY Robert G Bolling SUCCESSOR DEVELOPER BY John Boyer Owner and Treasurer Boyer Building Corporation STATEOFMlNNESOTA ss COUNTY OF CARVER The foregoing instrument was acknowledged before me this day of 20 by Thomas A Furlong and by Todd Gerhardt the Mayor and CityManagerClerkoftheCityofChanhassenaMinnesotamunicipalcorporationonbehalfofthe corporation and pursuant to the authority granted by its City Council NOTARYPUBUC 122852vOl RNK O 1 1 0 2006 2 STATE OF MINNESOTA ss COUNTY OF The foregoing instrument was acknowledged before me this 20 by of on day of the behalf of the corporationcompany STATEOFMINNESOTA ss COUNTY OF NOTARY PUBLIC The foregoing instrument was acknowledged before me this 20 by of corporation company DRAFfED BY CAMPBELL KNuTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan Minnesota 55121 651 452 5000 RNK 122852vOl RNK OlllO 2006 day of the on behalf of the NOTARY PUBLIC 3 MORTGAGE HOLDER CONSENT TO ASSIGNMENT OF DEVELOPMENT CONTRACT which holds a mortgage on the property described in the Development Contract referenced in the foregoing Assignment for good and valuable consideration the receipt and sufficiency of which is hereby acknowledged does hereby join in consents and is subject to the foregoing Assignment of Development Contract and agrees that the Development Contract referenced therein shall remain in full force and effect even if it forecloses on its mortgage Dated this day of 20 BY Its AND Its STATEOFMINNESOTA ss COUNTY OF The foregoing instrument was acknowledged before me this 20 by day of and by andthe of on behalf ofthe NOTARY PUBLIC 122852vOl RNK Ol 1O 2006 4 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone 952 227 1100 Fax 952227 1110 Building Inspections Phone 952227 1180 Fax 9522271190 Engineering Phone 952227 1160 Fax 952227 1170 Finance Phone 952227 1140 Fax 9522271110 Park Recreation Phone 952227 1120 Fax 952227 1110 Recreation Center 2310 Coulter Boulevard Phone 952 227 1400 Fax 952 227 1404 Planning Natural Resources Phone 952227 1130 Fax 952227 1110 Public Works 1591 Park Road Phone 952227 1300 Fax 952 227 1310 Senior Center Phone 952 227 1125 Fax 952227 1110 Web Site www ci chanhassen mn us 1 MEMORANDUM TO Paul Oehme City EngineerDir of Public Works Alyson Fauske Assistant City Engineer 0 FROM ci DATE January 23 2006 SUBJ Approve Addendum to John Henry Development Contract Project No 05 05 The developer of John Henry Addition has requested an extension for the time of performance The development contract for John Henry Addition approved by the City Council on April 11 2005 stipulates that the developer shall install all required improvements by November 15 2005 Due to changes in the construction and demolition plans the developer requests that the time of performance be extended to July 31 2006 Attachment 1 January 3 2006 email message from Tim McGuire 2 Amendment g eng projectsjohn henry addapprove addendum a doc The City of Chanhassen A growing community with clean lakes quality schools a charming downtown thriving businesses winding trails and beautitul parks A great place to live work and play Page 1 of 1 Fauske Alyson From Tim P McGuire tim@mcguireandsons com Sent Tuesday January 03 200610 16 AM To Fauske Alyson Regarding the extension request for the John Henry Addition I offer the following Reason for the extension Development plans have changed from the original plan and now includes the demolition of the existing house The property has been sold to 10Springs Construction and we anticipated construction to start in the spring Extension request date July of 2006 If you have any further questions please call at 852 292 5541 Pax Vobis Tim McGuire 1 10 2006 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES MINNESOTA ADDENDUM A TO JOHN HENRY ADDITION DEVELOPMENT CONTRACT SPECIAL PROVISIONS AGREEMENTS dated April 11 2005 by and between the CITY OF CHANHASSEN a Minnesota municipal corporation City and Timothy P McGuire a married person the Developer 1 BACKGROUND City Council approved the development contract for John Henry Addition the Development Contract at the April 11 2005 City Council meeting 2 EXTENSION OF DEVELOPMENT CONTRACT The Development Contract shall remain in full force and effect and shall also apply to John Henry Addition 3 SPECIAL CONDITIONS In addition to the terms and conditions outlined in the development contract the following special conditions shall apply to John Henry Addition A The amendment is to extend the time of performance to for the Developer to install all required improvements by one year The amended time of performance shall be July 31 2006 The Developer may however request an extension of time from the City If an extension is 1 granted it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date 4 RECORDING The Development Contract and this Addendum A shall be recorded against all lots blocks and outlots in John Henry Addition IN WITNESS WHEREOF this Addendum A was executed by the parties the day and year first above written CITY OF CHANHASSEN SEAL BY Thomas A Furlong Mayor AND Todd Gerhardt City Manager BY Timothy P McGuire 2 STATE OF MINNESOTA ss COUNTY OF CARVER The foregoing instrument was acknowledged before me this day of 2006 by Thomas A Furlong and by Todd Gerhardt respectively the Mayor and City Manager of the City of Chanhassen a Minnesota municipal corporation on behalf of the corporation and pursuant to the authority granted by its City Council Notary Public STATE OF MINNESOTA ss COUNTY OF The foregoing instrument was acknowledged before me this 2006 by Timothy P McGuire day of Notary Public Drafted by City of Chanhassen 7700 Market Boulevard P O Box 147 Chanhassen MN 55317 952 227 1100 G ENG DCJohn Henry Addendum A doc 3 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone 952 227 1100 Fax 952227 1110 Building Inspections Phone 952227 1180 Fax 952 227 1190 Engineering Phone 952 227 1160 Fax 952 227 1170 Finance Phone 952 2271140 Fax 952227 1110 Park Recreation Phone 952227 1120 Fax 952227 1110 Recreation Center 2310 Coulter Boulevard Phone 952227 1400 Fax 952 227 1404 Planning Natural Resources Phone 952227 1130 Fax 952227 1110 Public Works 1591 Park Road Phone 952227 1300 Fax 952227 1310 Senior Center Phone 952 227 1125 Fax 952 227 1110 Web Site www ci chanhassen mn us J4 MEMORANDUM TO Todd Gerhardt City Manager Paul Oehme P E Dir of Public Works City Engineer yFROM DATE January 23 2006 o SUBJ Approve Resolution Designating Yosemite A venue as an MSA Route PW004 REQUESTED ACTION Approve resolution BACKGROUND Staff is requesting Yosemite A venue from the north City limits to Lake Lucy Road be designated as a State Aid Route By designating streets as state aid routes the City can use state aid funds for street improvement projects Yosemite is proposed to be reconstructed the summer of 2006 and staff has budgeted state aid funds for these improvements In order for the state to accept the designation of this route the roadway must intersect with another state aid route county road or state or federal highway Lake Lucy Road is currently designated a state aid route Apple Road in Shorewood to the north is currently not designated as a state aid route but it does intersect with Mill Street Hennepin County Road 82 Staff has discussed this issue with the City of Shorewood and they have verbally agreed to designate Apple Road as a State Aid Route Staff has reviewed the state aid routes in the system and finds it appropriate to designate Yosemite as a State Aid Route at this time Attachments g lenglpubliclpw 004 municipal state aidlbkgd 12306 yoseIllite deslgnatlOn sa route doc The City of Chanhassen A growing community with clean lakes quality schools a charming downtown thriving b uSlnesses winding trails and beautiful parks A great place to live work and play CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES MINNESOTA DATE Januarv 23 2006 RESOLUTION NO 2006 MOTION BY SECONDED BY RESOLUTION ESTABLISHING YOSEMITE A VENUE AS A MUNICIPAL STATE AID HIGHWAY PW004 WHEREAS it appears to the City Council of the City of Chanhassen that the road hereinafter described should be designated a Municipal State Aid Street under the provisions of Minnesota Law NOW THEREFORE BE IT RESOLVED by the Chanhassen City Council that the road described as follows to wit Yosemite A venue from North City Limits to Lake Lucy Road be and hereby is established located and designated a Municipal State Aid Street of said City subject to the approval of the Commissioner of Transportation of the State of Minnesota BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Transportation for his consideration and that upon his approval of the designation of said road or portion thereof that same be constructed improved and maintained as a Municipal State Aid Street of the City of Chanhassen Passed and adopted by the Chanhassen City Council this 23rd day of January 2006 ATTEST Todd Gerhardt City Manager Thomas A Furlong Mayor YES NO ABSENT Designated State Aid Street Yosemite Lilac Lane I I 1 I r l J III I 7 T 71 IjLJJJUIrILJL1IKoehnenCircleEast1QIvvIIrr1IllrvJlII1fJrJII1I1IIIIIj1IrlvC5eQI I I r I i T I l f t T I r J l 1 1 L L J I 1 I I I I r I I I j I I I I I lB j I I L 1IIILfIirjlicIall1JIIIIIIJIIIIIailIIJbLIIIr L L J L 1 J J I L 1 1 I West rd St T Yest rd St j i y In I I Ii r r I jIIIIIJII1IIIIII 1 J r I I kI1 I r r 1 I lIJIIrJ J I I I f r II L l I yz I I I di v I j I I0y1I1ljJI I L j i 1iIII3iIfI I WOOd DU m IIITITLIili J r L L L y JIIIIIIIIIIIIII1yCr r I I I I G j I 1 z r T r Lake Lucy Road 1 I T r I 1 1 rIriLIIIlcjI I I j 1 I I r GrIIJllIi III101i7II ja mary 2006 G ENGJoleen I engprojeds Pau nel1Staid rOJemite m d CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone 9522271100 Fax 9522271110 Building Inspections Phone 952 227 1180 Fax 952 2271190 Engineering Phone 9522271160 Fax 952227 1170 Finance Phone 952 2271140 Fax 9522271110 Park Recreation Phone 952 2271120 Fax 952 227 1110 Recreation Center 2310 Coulter Boulevard Phone 952227 1400 Fax 9522271404 Planning Natural Resources Phone 9522271130 Fax 952 2271110 Public Works 1591 Park Road Phone 952227 1300 Fax 952 2271310 Senior Center Phone 9522271125 Fax 952227 1110 Web Site www cl chanhassen mn us iJ MEMORANDUM TO Todd Gerhardt City Manager FROM Karen Engelhardt Office Manager i DATE January 12 2006 SUBJ Approval of Temporary On Sale Beer Liquor License Chanhassen Lions Club February 4 2006 Attached please find an application for a temporary on sale liquor license from the Chanhassen Lions Club The Lions would like to sell beer at the city s annual February Festival on Lake Ann on February 4th or February 5th in the event the contest is rescheduled due to weather RECOMMENDA TION Staff recommends approval of the Chanhassen Lions Club request for a temporary on sale liquor license to sell beer at the February Festival on Lake Ann on February 4 or February 5 2006 for a fee of 1 00 This approval is contingent upon receipt of a liquor liability insurance certificate covering this event Approval of this item requires a simple majority vote of those City Council members present g userkaren liquor li ons doc The City 01 Chanhassen A growing community with clean lakes quality schools a charming downtown thriving businesses winding trails and beautiful parks A great place to live work and play Minnesota Departmcnt of Public Safety ALCOHOL AND GAMBLING ENFORCEMENT DIVISION 444 Cedar Street Suite 133 St Paul MN 55101 5133 651 215 6209 Fax 651 297 5259 TTY 651 282 6555 WWW DPS STATE MN US APPLICA nON AND PERMIT FOR A 1 TO 4 DAY TEMPORARY ON SALE LIQUOR LICENSE TYPE OR PRINT INFORMATION NAME OF ORGANIZA nON DATE ORGANIZED 9ff TAX EXEMPT NUMBER STREET ADDRESS f 0 80x HOME PHONE f5J 9 bI 7 ORGANIZATION OFFICER S NAME 7 oJ r v ADDRESS c1 Fla m n cVrive ADDRESS t naYl fvd da 1 cJ a n ch a o 2 aY h 5 5 e JJ SS 17 Will the apPli ontract forintoxicating liquor service If so give the name and address of the liquor licensee providing the service Will the applicant carry liquor liability insurance If so please provide the carrier s name and amount of coverage IN tV 5 1li4 rc rJ NJ IEl IN APROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL GAMBLING ENFORCEMENT CITY COUNTY DA TE APPROVED CITY FEE AMOUNT LICENSE DATES VA TE FEE PAID SIGNATURE CITY CLERK OR COUNTY OFFICIAL NOTE Submit this form to the city or county 30 days prlor t tAPFPROVEdD DI C OR ALCOHOL AND GAMBLING ENFORCEMENT b I 0 even orwar applIcation signed b t dl a ove fthe application is approved the Alcohol and Ga bl E Y CI yan or county to the address m mg n orcement DIVISIOn Will return this application to be used as the License for the event PS 09079 02 05 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone 952227 1100 Fax 952227 1110 Building Inspections Phone 952227 1180 Fax 952227 1190 Engineering Phone 952227 1160 Fax 952227 1170 Finance Phone 952 227 1140 Fax 952 227 1110 Park Recreation Phone 952227 1120 Fax 952227 1110 Recreation Center 2310 Coulter Boulevard Phone 952 227 1400 Fax 952 227 1404 Planning Natural Resources Phone 952 227 1130 Fax 952227 1110 Public Works 1591 Park Road Phone 952227 1300 Fax 952 227 1310 Senior Center Phone 952 227 1125 Fax 952 227 1110 Web Site www ci chanhassen mn us 1 MEMORANDUM TO Todd Gerhardt City Manager FROM Justin Miller Assistant City Manager Ao January 13 2005 c DATE RE 2006 Key Financial Strategies Strategic Plan Final Draft BACKGROUND During the past two work sessions the City Council and staff have prioritized issues to be focused on with the 2006 Key Financial Strategies Strategic Plan Attached to this report are the following documents Key Financial Strategies Plan City Council Issue Priorities and Rankings Task sheets for each item that will be focused on in 2006 RECOMMENDA TION Staff recommends that the Chanhassen City Council adopt the attached 2006 Key Financial Strategies Strategic Plan and direct staff to begin implantation immediately Approval of this item requires a majority vote of the city council The City of Chanhassen A growing community with clean lakes quality schools a charming downtown thriving bUSinesses winding trails and beautiful parks A great place to live work and play Ehlers Associates e EHLERS ASSOCIATES INC KEY FINANCIAL STRATEGIES OVERVIEW Ehlers Associates was engaged by the City of Chanhassen Minnesota the City to assist in the preparation of the City s Key Financial Strategies The need to create a comprehensive financial management plan was identified by the City Mayor Council Manager and Staff due to growing demands for financial resources This strategic financial plan is the result of four workshops with the Council and many hours of staff consultation One of the workshops November 7 2002 focused on identifying potential financial needs of the City The results from that session have been incorporated into this plan document This plan was most recently updated in JanuaryFebruary 2006 during a series of workshops with the City Council OBJECTIVES FOR THE FINANCIAL PLANNING PROCESS A financial plan is a necessary element of a City strategy to remain competitive in today s demanding environment Other objectives of the City s Key Financial Strategies are Establishing a common understanding among the elected officials and staff of the City s needs and financial capacity Developing a comprehensive view of financial resources and options Identifying City issues and opportunities Creating a framework in which elected officials and staff can make immediate and long term investment decisions Developing a consensus among the elected officials and staff on key actions the City will take to remain competitive Meeting the new standard presented in the Governmental Accounting Standards Board Regulation 34 including its capital planning provisions Through this workshop process we have examined the current and future ability to meet these objectives to answer the question How do we get there The City s Key Financial Strategies will provide a road map into the future and a framework for future decision making City of Chanhassen Key Financial Strategies Ehlers Associates FINANCIAL ASSESSMENT FINDINGS The financial assessment conducted of the City was divided into seven areas 1 Community goalsinitiatives 2 Local tax base considerations 3 Financial Position 4 City owned infrastructure 5 Competitiveness 6 Credit position 7 Enterprise funds As part of the financial assessment a number of findings were presented within the workshops These findings are outlined in more detail within this report A summary of these findings is as follows 1 COMMUNITY GOALSINITIA TIVES Establishing a strategic profile including community vision purpose goals means to achieve the purpose and strategies directed at accomplishing goals which are essential to the efficient and effective use of scarce City resources A Important Initiatives City Officials have identified several initiatives as part of this financial planning process Key issues include Maintaining city infrastructure This includes o Pavement Management System o Sewer and Water Infrastructure o Park Pavement Maintenance o Vehicle and Major Equipment Replacement o Water System Improvements o Public Facility Maintenance Enhance and protect city environment This includes o Update SWMP Storm Water Management Plan o Watershed Improvements o NPDES Phase II compliance o Lake MonitoringImprovements o 2007 Environmental Fund Solvency Issues o Bluff Creek Improvements Managing growth This includes o Future staffing issues o 2005 MUSA o City Trails o Comprehensive Plan Update o Coordinating the construction of Highway 212 312 o Expansion of Public Works Facility o Improving City Services City ofChanhassen Key Financial Strategies Page 2 Ehlers Associates o Quality Assurance for Law EnforcementPublic Safety o City Archives and E City Hall Explore support for new City facilities This includes without limitation o Public Works expansion o Chanhassen School Campus site selected type of school to be determined o Southern Satellite Fire Station Implication The City has identified a significant agenda for future needs Developing a mechanism to regularly prioritize needs develop implementation programs including resource requirements and evaluate the City s capacity to implement the programs should be a high priority Financial strategies should also include direction regarding the nature of activities to be undertaken for each issue including Assessing need for service or facility Studying alternatives methods and cost and funding sources for implementation Implementation B Facility Options City Officials are looking at options for public facilities including a water treatment system Public Works facility expansion satellite fire station and monitoring the decision making process for a new school at the comer of Lyman Blvd and Audubon Road Implication Involving the public with this process will be key to progressing this issue to the implementation phase Careful consideration should be given to the funding options and impacts including operating costs While there are some issues impacting the timing of these decisions it is essential that public understanding and support be developed C Technology Ever growing demands for staff services and the need for City departments to work together require ongoing investments in computers and technology Implication Further enhancements to the City s information technology systems may require financial support from the City s General Fund There will be more and better technology products available to cities Residents customers and employees will likely create pressure to invest in improved and new technology This will require the City to develop a disciplined approach to reviewing the requests and needs for technology investments That approach should address cost and benefits not limited to financial productivity training support and potential obsolescence City of Chanhassen Key Financial Strategies Page 3 Ehlers Associates 2 LOCAL TAXBASE CONSIDERATIONS Structure quality and size of a community s tax base impact its ability to fund services and investments A Development City land area is approximately 60 developed and has reached 65 of projected population How the community completes development will impact its future Implication The City will add additional residents and businesses to its population and in addition will face new and additional requests for future services as demographics and resident interests change as well as the need to address reinvestment in existing facilities Understanding the dual impact of new service requests of existing residents and the impact of additional new residents will be a key to future planning B Market Value City market value of 2 5 billion has been increasing an between 7 10 per year for the past 5 years The City has a high per capita market value of 108 000 Implication The high per capita market value and strong commercial base provides good opportunity for revenue diversification The tax rate should be evaluated in terms of what rate creates the outcomes that the City seeks for itself The tax rate should be set in conjunction with both the budget and the yearly costs identified in the capital plan C Tax Increment Districts Changes in State property tax law adversely impacted the City s ability to cover debt service related to development A plan was been prepared and implemented to cover potential shortfalls and as of December 31 2004 the Downtown and Eden Trace TIP districts were de certified The Gateway TIP District was decertified as of December 31 2005 Implication The City should continue to monitor existing TIP districts to ensure their viability and to avoid any impacts to the City s general fund D Diverse tax base The City has a diverse tax base with 69 residential and 28 commerciallindustrial The balance includes a variety of open space and institutional uses Implication Tax base diversification is a positive trend for stability in City services requirements and property tax production Continued effort should be made to maintain a ratio of residential to commerciallindustrial base with a target range of 67 to 75 residential and 25 to 33 commercial industrial E Economic Development Policy The City has provided economic development incentives in the form of tax increment financing Implication Previously the City used economic development incentives to attract targeted development This strategy is clearly responsible for the level of tax base City ofChanhassen Key Financial Strategies Page 4 Ehlers Associates diversification that exists today To encourage continued balanced community growth the City will consider appropriate strategies 3 FINANCIAL POSITION Availability of funds to meet current and future needs adequate fund balances for cash flow purposes and to meet emergency needs requires planning and discipline A Effective past financial management practices has left the City with a moderate undesignated unreserved fund balance within the General Fund Water and Sewer Fund and Storm Sewer Fund Implication The City s General Fund Balance remains adequate Changes in State tax structure and potential capital projects costs indicate the need to continue to carefully monitor the fund balance B The City faces growing demand and cost to provide services with limited ability to increase short term tax base Implication While State levy limits were not in place for the 2006 budget future State actions may impact the City s ability to increase operating expenses without an offsetting increase in non property tax revenues C The City has developed effective loss reduction strategies accident review safety committee Additional risk management efforts including review of risk retention levels deductibles funding of loss reserves may be warranted Implication Additional development of risk management policies will help reduce exposure to financial risks 4 CITY INFRASTRUCTURE Communities need to regularly invest and reinvest in their infrastructure roads buildings parks etc Regular deferral of investment can lead to fiscal stress and community disinvestments A The City has maintained a street reconstruction program since 2002 Implication Overall the streets are in acceptable condition but continued annual investment will be needed Progress on maintenance should be carefully monitored B The City is reviewing Public Works facility needs It is intended that facility needs will be addressed with the adoption of the 2007 08 Capital Improvements Plan Implication The City is reviewing the need for reinvestment in this facility City ofChanhassen Key Financial Strategies Page 5 Ehlers Associates C Potential needs for reinvestment in public facilities infrastructure continue to be seen The City has major investments in buildings utility systems streets trails lighting systems and related improvements Implication Community involvement will be key to addressing need for major investments The City should undertake a public participation process to involve the community in understanding and then selecting options Preparing plans and schedules for anticipated required maintenance and replacement will provide information need for financial planning purposes D The City has extensive vehicle replacement requirements for Public Works and Fire equipment The City has a schedule of equipment replacement that forecasts these needs for the expected life of the equipment Implication Equipment replacement is often deferred as part of budget balancing efforts In the long term this may increase maintenance costs increase downtime of equipment and staff and lead to a funding problem in future years Maintaining an equipment replacement schedule and funding source will help remedy this problem and provide a more accurate measure of services E The City faces potential major expenditures in its Water Fund for infrastructure improvements in order to improve water quality standards and distribution system needs Implication Enterprise funds are generally expected to support system needs The City should continue to identify future major enterprise expenditures within the next five to ten years This will permit the development of a utility rate plan to facilitate the required improvements A water and sewer rate study was implemented in 2004 and reinforced in 2005 The City should continue to monitor the balance in the enterprise funds and re evaluate each year 5 COMPETITIVENESS Communities compete for people to live work and do business Understanding and responding to the elements of competition is an important role for the City A The City s overall City tax rate remains competitive with other comparable communities in the metro area 55th out of 112 metro communities in 2005 Implication Given the competitive tax rate and the high level of services the City would be in position to increase tax rates when conditions permit However this increase should come only upon completion of a comprehensive analysis of competing demands and priorities with community involvement in setting and funding these priorities B The City offers a full complement of services to residents and businesses Implication Services offered by the City appear to be consistent or superior to surrounding communities City of Chanhassen Key Financial Strategies Page 6 Ehlers Associates C Chanhassen appears to be well maintained with no typical signs of disinvestments or deterioration Implication Careful attention should be paid to monitoring the condition of public and private property D Chanhassen s open space and trail system appear to be equal or greater than many other communities in the metropolitan area A new state of art library was opened in 2003 The City does not have some amenities typical for comparable communities including a community center but the construction of a new Lifetime Fitness facility may meet this need Trail maintenance was included in the 2005 pavement management program Implication Planning and investments in these areas has provided a sound foundation for creating a community with amenities that will attract and retain residents visitors and businesses Careful attention should be paid to the operating costs of recreation and cultural amenities Community involvement in discussions regarding the cost to build and maintain new facilities will be a key factor for future considerations 6 CREDIT POSITION Maintaining a strong credit rating helps reduce the cost of borrowing required to develop and maintain the community A The City was upgraded to AA by Standard Poor s Investors Service in 2004 This is an above average rating reflecting the City s strong property value growth and maintenance of a strong financial position while making progress in mitigating the impact of a tax increment district negatively impacted by tax rate changes Implication This strong credit rating has helped the City successfully issue debt at very competitive interest rates in the commercial marketplace B The City s general obligation debt burden has been reduced to 717 per capita due mainly to paying off tax increment debt 85 of this debt will be paid off in ten years A plan is in place to transfer excess reserves to the debt service fund for the next several years to level out debt service payments Implication The City has successfully implemented a plan to address tax increment debt issues Careful attention should be paid to mapping out future debt issues for the next five to ten years The aggressive debt repayment schedule will enable the City to continue to invest as needed C The City currently has a moderate undesignated fund balance Implication This strong fund reserve helps the City to maintain its current rating The City should be careful to maintain this strong fund balance City ofChanhassen Key Financial Strategies Page 7 Ehlers Associates 7 ENTERPRISE Operating enterprise funds as businesses is key to avoiding transferring the burden of operations to general taxpayers In addition some enterprise operations can help reduce the cost of general government A The City has improved cost recovery for water and sewer services over the past few years A new rate study was conducted and increases for water and sewer rates have been implemented for both 2005 and 2006 Implication Fluctuations in water demand due to weather has provided challenges in establishing water and sewer rates However rates should be established to assure recovery of operating costs and adjusted annually City ofChanhassen Key Financial Strategies Page 8 Ehlers Associates RECOMMENDATIONS Based on the findings and analysis conducted in the workshops Ehlers developed a list of recommendations for the City their Key Financial Strategies listed in the seven categories below 1 0 COMMUNITY GOALSINITIA TIVES 1 1 GOAL SETTING The Mayor and City Council should continue annual goal setting sessions prior to budget preparation The goal setting session should prioritize needs This information should be used by staff to develop programs service options and resource requirements for consideration within the budget process The goals should specifically address the major issue categories Financial strategies should be incorporated into the annual goal setting program 1 2 FACILITY NEEDS The City should continue the deliberate and careful approach to addressing facility needs for future growth reinvestment and quality of life services and capital investments The Mayor and City Council should consider authorizing a study to address future facility needs 1 3 COMMUNICATION PLAN A communications plan should be developed in order to inform and seek community feedback on important financial issues including future needs and financial constraints The plan should also forecast the process that will be used to seek community participation for significant community investment decisions A community survey was conducted in 2005 which will help identify the types of services vital to attract and retain residents Consideration should be given to expanding the survey to collect information regarding improving the City s competitive position economic development quality of life school funding inequity and possible intergovernmental tax sharing solutions Consideration should be given to continuing the use of the Funding Public Facilities Public Participation Process model in City facilities planning 14 TECHNOLOGY PLAN A technology plan has been prepared with projected needs for the next five year period The plan should also include a basis for evaluating the requests for technology investments that address cost and benefits not limited to financial productivity training support and potential obsolescence and funding source 1 5 IMPLEMENTATION PLAN Annual budgets should be prepared with budget options of at least 10 of total budget expenditures Budget presentations should be supported with a balance of input and resources and outcome materials City ofChanhassen Key Financial Strategies Page 9 Ehlers Associates 2 0 LOCAL TAX BASE 2 1 Growth planning should address continued attention to balancing commercial and residential development Special attention should be paid to assessing housing types to reflect life cycle financial ranges and life style choices 22 The use of city assistance to encourage the type of development needed to maintain community competitiveness and balanced tax base should be continued The public assistance policy should be reviewed to assure flexibility to meet broad based community needs 3 0 FINANCIAL POSITION 3 1 FINANCIAL POLICIES The Mayor and City Council should consider a Fund Balance Policy for the Special Revenue Funds Debt Service Funds Capital Project Funds Enterprise Funds and Internal Service Funds 3 2 City staff should prepare an alternative revenue source report for the City Council These options should be reviewed annually as part of the Key Financial Strategies update 33 The City should adjust all user fees and utility rates on an annual basis to reflect changes in the cost of services 34 The City should review assessment practices to include pavement management cost recovery through special assessments to benefiting property owners i e increasing assessments to property owners and including street maintenance such as crack sealing and to address increased cost of pavement management projects 3 5 The City should establish a schedule for increasing developer fees that is determined annually The current method of tying fees to increases in construction cost index does not accurately reflect the City s cost of services 3 6 The City should use this report as part of its annual goal setting framework 4 0 CITY OWNED INFRASTRUCTURE CAPITAL EQUIPMENT 4 1 CAPITAL EQUIPMENT The Manager and Finance Director should review the final list of items which were recommended as part of the vehicle equipment replacement program and develop a funding program to provide a more level annual replacement contribution The City could establish an internally funded equipment rental program to level out annual replacement costs 42 INFRASTRUCTURE The City staff should enact each annual capital improvement program based on review of the multi year capital improvement needs The City staff should coordinate development of the capital improvement budget with the development of the operating budget Future operating costs associated with new capital City of Chanhassen Key Financial Strategies Page 10 Ehlers Associates improvements will be projected and included in operating budget forecasts The City should prepare a non annual recurring maintenance schedule for City facilities 5 0 COMPETITIVENESS 5 1 PROPERTY TAXES The City s tax rate is currently significantly below the state limit In managing property taxes the City will seek a balance between providing an appropriate level of service maintaining infrastructure and affordability for residents Having the lowest property taxes is not always the final measure of this balance Given these limits and demands on property taxes the City should review and implement a revenue enhancement study for additional revenue options including utility franchise fees utility bill preparation fees and similar alternatives The information should be prepared to identify options prior to their need Continued long range financial planning creates the opportunity for managing property taxes and providing the greatest stability in tax rates Staff should annually prepare three year projections of tax levies Community involvement in the long range planning process will allow build support for the development of resources to achieve goals the public has supported The City should continue to meet and confer with overlapping local government units county schools etc to discuss operating and capital funding issues that will impact residents overall taxes 52 BUDGET The current five year projections show only an inflationary increase in the following year s operating budget In order to provide direction to staff the Mayor and City Council should review and select the appropriate items from the Budget Option Impact Worksheets that would be included in next year s budget This budget should then be constructed by balancing resources with current and future needs The Financial Strategies should be reviewed and updated annually as part of the City s budget process Annual budgets should include budget option analysis for 5 to 10 of total projected expenditures Budget presentations and discussions should be supported with a balance of inputresources and outcome options 53 Risk Management The City has initiated development of a risk management program Additional effort to reduce risk exposure including review of retentions levels deductible levels funding of reserves for retained risks should be undertaken City of Chanhassen Key Financial Strategies Page 11 Ehlers Associates 6 0 CREDIT POSITION 6 1 The approval of Key Financial Strategies by the Mayor and City Council will help document the future City plan to bonding agencies 6 2 The City should endeavor to keep the total maturity length of general obligation bonds below 20 years and at least 50 of the principal shall be retired within ten years In all cases the maturity shall be shorter than the life of the related assets 63 The City should work to minimize the amount of debt supported by property taxes and will seek maximum use of special assessments utility revenues and other non tax sources to support debt 64 City staff working with the City s independent financial advisor shall monitor outstanding debt and advise the City Council on ways to reduce the debt burden through refinancing at lower interest rates and the early retirement of bonds 7 0 ENTERPRISE FUNDS 7 1 Annually the Manager and Finance Director should review and recommend necessary adjustments to water and sewer rates sufficient to recover cost of operations and provide for capital needs for consideration by the Mayor and City Council 72 City staff should annually review the cost of general fund services provided to enterprise activities including insurance financial and accounting services management legal and related expenses These costs should be evaluated by the City Council for inclusion in the rates for enterprise services 7 3 City staff should prepare a utility rate policy that addresses the need for fees to recover operating costs and provide for operating cash reserves non annual recurring maintenance and debt service completed in 20042005 74 City staff should identify the costs to meet mandated water quality standards and the impact on water rates 7 5 City staff should continue to monitor storm water management program SWMP to ensure compliance with state and federal regulations City ofChanhassen Key Financial Strategies Page 12 Ehlers Associates ACTION PLAN This section describes the actions needed to implement the City s Key Financial Strategies Actions fall into two categories Tasks for immediate action and tasks that reflect on going financial management actions The following is a recommendation on the tasks that require attention over the next five year period Implementation of these Key Financial Strategies requires annual review and updating the Plan and revision of the schedule prior to initiating the budget process Careful attention should be paid to developing realistic time frames and work plans Projected Start Projected Activity Date Level Status Completion Date 1 0 Community Goals Initiatives 1 1 Goal setting Annual 11 N A 1 2 Facility needs study 2006 2 S 2007 1 22 School District 112 Secondary School 2003 3 A 2008 Partnership 14 Expand e city hall services phase 1 2004 11 Ongoing 1 41 Develop digitized document archives 2003 3 1 Ongoing 1 5 Annual CIP Annual 11 Annual 16 Create plan to deal with public safety issues 2004 2 1 Ongoing as growth continues 1 7 Establish benchmarks to evaluate police 2006 11 2006 contract 1 8 Hwy 212 312 update on design land use 2004 2 1 2007 and vision of corridor landscape plan 1 9 Communicate what City Council does 2004 41 Ongoing 191 Locate a license center in City 2005 3 S 2006 192 Downtown Park and Ride expansion 2005 3 S 2007 1 93 Review housing trends with McComb market 2006 2 S 2006 study 1 94 Educate public on new planned growth 2006 4 S 2006 1 95 Monitor state and county financial 2006 2 S Ongoing positions establish legislative platform 1 97 Develop relationships with other agencies Ongoing 4 1 Ongoing 1 98 Review design standards 2006 4 S 2006 1 99 Zoning issues related with higher densities 2006 4 S 2006 2 0 Local Tax Base 2 12 Complete McComb market study 2006 2 S 2006 2 13 Begin comprehensive plan update 2006 2 S 2008 City ofChanhassen Key Financial Strategies Page 13 Projected Start Projected Activity Date LeveVStatus Completion Date 23 Support marketplace driven development of 2004 4 S Ongoing industrial land 3 0 Financial Position 3 12 Update debt management plan 2005 liS 2006 3 13 EstablishlUpdate Investment Policy 2006 2 S 2006 34 Review assessment practice to address Annual liS Annual pavement management and consider increasing assessed portions and interest rate 3 6 Better council direction in the budget process Ongoing 2 1 Ongoing 3 7 Review decisions based on costsbenefits Ongoing 2 1 Ongoing 3 8 Incorporate strategic planning into budget Ongoing 2 1 Ongoing process 3 9 Improve monthly financial reports 2005 2 1 Ongoing 3 91 Implement ACH for utility customers 2006 2 1 2006 4 0 Infrastructure Capital Equipment 4 21 Develop estimates for public facilities 2006 2 S 2007 maintenance 422 Prepare non annual recurring maintenance 2006 liS 2006 schedule 423 Prepare funding options for major equipment 2004 liS Ongoing sources 4 24 Construct trail additions Ongoing 111 Ongoing 425 Expand Public Works Facility 2007 2 A 2008 4 3 Highway 10 1 gap project 2004 liS 2006 44 Highway 101 South Turnback south of 2005 2 S 2006 Lyman 4 5 Monitor Highway 41 river crossing study 2005 3 S 2007 4 6 Highway 41 trail and underpass funding 2005 2 S 2007 options 5 0 Competitiveness 5 1 Property tax review Annual liS Annual 5 11 Prepare five year budget CIP and debt Annual 2 S Annual forecasts including revenue forecasts 5 12 Prepare alternate revenue analysis 2004 liS Ongoing 5 13 Identify and fund future staffing requirement Annual liS Annual to match growth City of Chanhassen Key Financial Strategies Page 14 Projected Start Projected Activity Date LeveVStatus Completion Date 5 2 Identify a limited number 1 3 of selected Annual 2 S Annual services for potential competitive pricing on annual basis 5 21 Review budget option analysis as part of Annual 2 S Annual budget process 53 EstablishUpdate Risk Management Policy 2006 2 S 2006 54 Evaluate KFS Projections Annual 2 S Annual 6 0 Credit 6 1 AcceptEvaluate Key Financial Strategies Annual 2 1 Annual 62 Review professional services contracts As scheduled 2 1 As scheduled 7 0 Enterprise 7 1 Adjust user fees on annual basis to reflect Annual 1S Annual changes in cost of services 72 Review enterprise funds for cost 2004 2 S Ongoing savings efficiencies 7 5 Update Storm Water Management Plan Underway 11 Ongoing 1 Watershed improvement impacts 2 Bluff Creek improvements 3 Lake MonitoringImprovement 7 51 NPDES Phase II Compliance Underway 1A 2007 PRIORITY DEFINITIONS LEVEL 1 Critical to continued operation of city baseline services at present levels This includes restoration of services identified as baseline LEVEL 2 Provides opportunity for increased efficiency in baseline level of services This includes ability to continue to serve existing level of services without staff increases LEVEL 3 Provides opportunity for expansion of services to meet existing demand as evidenced by Council direction or staff analysis LEVEL 4 Provides opportunity to increase services that improve quality of life within City I S A Implementation Study Need Assess Need City of Chanhassen Key Financial Strategies Page 15 2006 Strategic Plan Priorities KFS Topic Furlong Labatt Peterson Tjornbom Lundquist Average Public Safety Establish benchmarks for the police contract 17 2006 I 2 I 2 I 140 Create plan to deal with public safety issues as growth continues ongoing 16 2004 I I 2 2 2 160 Traffic Management Pleasantview Lake Lucv Powers 2121312 2005 2 2 3 3 2 240 More council interaction incrime preventionneighborhood watch ongoing 2003 3 3 3 3 3 3 00 Economic Development Complete McComb retail market studv 2 12 2006 I 3 I I I 140 Support the marketplace driven develooment of industrial land ongoing 2 3 2003 1 2 2 2 I 160 Hwy 212 update on design and land use vision of corridor ongoinl 18 2003 2 2 3 I 2 2 00 Belinreview of 2010 2015 MUSA and Comp Plan Updates 2 13 2005 3 I 2 2 2 2 00 LeveraleCityproperty as much as possible Marketinlofland ongoing 2003 2 2 2 3 4 2 60 Develop town center into a more full service inviting central business district 2003 3 4 3 2 3 3 00 BudgeUTaxation Improve monthly financial reports 3 9 2005 1 3 I 2 1 160 Implement ACH automatic withdrawals for utility customers 3 91 2006 1 2 2 2 I 160 Monitor state and county financial situationsllegislative platform 195 2004 2 2 2 1 I 160 Evaluate outside consultant use contract model for other services 2003 3 4 3 3 3 3 20 City Organization Adopt and implement SWMP Plan 75 2006 I I 2 2 I 140 Develop relationships with outside agencies state county etc ongoing 197 2003 2 2 2 2 2 2 00 Evaluate potential satellite fire station CIP 2008 2005 2 2 3 2 2 2 20 Public Works facilitv exoansion CIP 2007 08 2004 2 2 3 3 3 2 60 Evaluate park needs based on comp plan service areas 2005 3 3 3 3 2 2 80 Community Wide Issues Highway 101 South of Lyman Blvd 4 4 2006 I I 2 I 2 140 Highway 101 gap proiect ongoing 4 3 2004 I I 3 I I 140 Locating a license service center in the city 191 2005 I 2 2 2 I 160 Highway 41 trail and underpass funding OPtions 4 6 2006 I 2 2 I 2 160 Monitor Hilhway 41 river crossing study 4 5 2004 2 I 3 I I 160 Downtown Park and Ride expansion 192 2005 2 2 I 3 I 180 District 112 secondary school site partnership 122 2005 I 2 2 2 2 180 Educating the public on new growth 194 2006 2 3 2 2 2 2 20 Rice Marsh Lake Trail loop 2006 2 2 3 2 2 2 20 Allocation of athletic field soace 2004 3 1 3 3 2 240 Highway 5 upgrade west of Highway 41 2004 2 3 3 3 2 2 60 Seminary Fen 2004 3 2 4 I 3 2 60 Consider expansion of cultural activities 2006 3 4 3 3 3 3 20 Amphitheater gathering place 2003 4 4 3 4 3 3 60 HousingILand Use Review of current housing trends with McComb retail market study 1 93 2006 I 3 I 2 I 160 Begin 2008 Comprehensive Plan update 2 13 2006 1 I I 3 2 160 Review design standards 1 98 2006 2 2 I 2 2 180 Zoning issues related with higher densities 1 99 2003 2 2 2 2 2 2 00 Explore creative multifamily housing projects inthe downtown area 2005 2 3 3 2 2 240 Analyze costs imposed by City to developers 2004 3 3 3 2 3 2 80 Serve as convener of private and non profit sectors to develop housing strategies 2003 3 4 4 3 2 3 20 Explore tax credits other financial support programs that support this issue 2003 2 4 4 3 3 3 20 Ooo Vt W N l S 1 lZl lZl l r o 0 e o 0 0 en en Ei l l g o a 4 lZl 2 0 1 lZl l o 1 l 1 0 o 1 o a o 0 o lZl r l 3 Cl o 0 j o Z rJJ tfi rJJ 3 Cl rJJ Oaz ra lot tfi o t rJJ j O w o t O tfitfi tfi o z j z rJJ n g tfi r1 z g 0 tfi g g 0 o at0 j j 0 Era 0 o t0OrJJ o o Z g r I l r o o o en 1 l N S 0 l 1 0 l o o 1 lZl 1 l o 0 el lZl l r o o o cr 1 cr S 1 11l g 9tfi 4 0 NNN lZl 1l o 0 lZl l r o e 1 l 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0 0 0 OJ S 1c 1c 1c 1c 0 0 9 0 0 b l 0 0 00 1 I 03CZl I I I CZl N N 0 00 Ir D 0 0000 3trl00g00trl 3trl3D 0 0 Z 1 0 Z 3 00 o 0 trl 8 oZ1tj3g 011 101 0 D o 1 1 ro 00 s g Jg C trl D 8 ZSoI o s 0 DDsaCZl CZl e @ D @ 7 0 s @oCZl D D CZl 1 D e D o CZl 0 0 CZl @ D s i 0 S o I D s 0 S D D r Q CZl 0 oo 5 o 3 t0gCZl s 3 2 c trl i l 0 8 D a 1 Z10 CZl rgCZl s s 0 00 l VI W w 0 CIl tI J sla 101 3 a 1 1 1 11eeee0nrgl3srr 1 0 CIl CIl 1 s asl r 5 b 0 0 0 n 0 2 s 9 0sZSIs00iss o 1 G o s 0 tvls01l o iso s 0 s 00 c c c c c o zra s s s s s s z 0 0 0 0 0 0 0 gCIlCIlCIlCIlCIlCIlCIl c c c c c c c 0 0 0 0 0 0 0 00 n 0 0 oltv02500010000 01 01 VI W I I I 2500001001 01 25 0 01 0 l 01 0 001Z n 0 z 00 fS 00Q g i n2n 0 o 00 Sl z 8 3 0 1 S 0C1 r 1 CIl 1 t 0C1r e l S 0 e s 0 1 a tIl g 1 t lS c 0 e s 0 1 os O o 0 e s 8 3 1 s S s t 2 l 1 1 Q 1 0 00 J 0 VI w tv tv O I1 0 tl lZl nS0DD0 III 0 rr i 0 0Da30 D D III i D D l rr i 0 gIII00ltoaIII 0 III r i jioD30iCIlCIl 0 tl 0 tl 0 0 l to Z i 0 n III 0 J00i e 3 i trlol tl Ci0 i J C r J Crr to r a t trl r r Z r r lZltltri tl n n n lZl rtrion0nr gtjitl n t J j 030 J 0 w tv ts25250000 0 0 0 0 0 0 3trl0trl 3trl30 Z 0 0 j00 0 0 0 6 g i888383 3 3 Z tl tl 3iiJ 0 trl0 l 0 III rr 0 III t IJQtl i j j j Y 0 III 0 C00t J0 i rr trl r Ztl30 n 0 i 0 3 0 tl 3 tl i III o i 0 r tl 0 3 3tl i 0 III o i n tri J 0 3tl0 30tl i III 3itrlo0 3 rO tItl ntl I o 3 U gltl rr tl tl lZl 0 tl a g a tl l III IJQ tl 3 tl i c0 0 III tl 3 j tv Q 0 g0 0 Q roeCIl tl I1J i 0 CIl CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone 952227 1100 Fax 952227 1110 Building Inspections Phone 952227 1180 Fax 952227 1190 Engineering Phone 952227 1160 Fax 952227 1170 Finance Phone 952227 1140 Fax 952 227 1110 Park Recreation Phone 9522271120 Fax 952227 1110 Recreation Center 2310 Coulter Boulevard Phone 952227 1400 Fax 952227 1404 Planning Natural Resources Phone 952227 1130 Fax 952227 1110 Public Works 1591 Park Road Phone 952227 1300 Fax 952227 1310 Senior Center Phone 952 227 1125 Fax 952227 1110 Web Site www ci chanhassen mn us Ji MEMORANDUM TO Mayor City Council Members FROM Greg Sticha Finance Director Oh DA TE January 13 2006 SUBJ Approve Increase of Storm Water User Charge BACKGROUND In December of 2005 Council discussed and adopted an ordinance amending fees for the 2006 fiscal year After review of the ordinance by staff it was noticed that the fee increase for the Storm Water Usage charge was not included as part of that ordinance As you know we had several discussions with our financial advisors about all of our utility fees late in 2005 Based on staff s and our financial advisor s recommendations Council directed staff to follow the recommended fee schedule set forth in the Utility Rate Study The 50 increase in the Storm Water Usage charge means an increase from 5 00 per quarter to 7 50 per quarter for residential property owners In reviewing the quarterly fees for 67 commercial and industrial properties the average current fee is 156 09 quarter With the proposed increase to the base rate the average fee would now become 234 14 quarter RECOMMENDATION Staff recommends that the City Council adopt the attached ordinance increasing the Storm Water Usage Charge as recommended in the Utility Rate Study This action requires a simple majority vote of those present at the meeting ATTACHMENT 1 Ordinance Amending Chapters 4 19 Surface Water Management Fees 2 Excerpts from the Utility Rate Study The City of Chanhassen A growing community with clean lakes quality schools a charming downtown thriVing businesses winding Irails and beautitul parks A great place 10 live work and play CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES MINNESOTA ORDINANCE NO AN ORDINANCE AMENDING CHAPTERS 4 AND 19 CHANHASSEN CITY CODE SURFACE WATER MANAGEMENT FEES THE CITY COUNCIL OF THE CITY OF CHANHASSEN MINNESOTA ORDAINS Section 1 The City Code City of Chanhassen Minnesota is hereby amended by adding a section to be numbered 4 50 which shall read as follows Surface Water Management Fees Classi lcation 1 2 3 4 5 6 7 8 Land Use Sin 1e famil and Rural residential Agricultural Undeve10 ed Medium density residential High density residential Industrial Office Institutions churches schools ovemment buildin s hos itals Business Commercial Parks cemeteries olf courses arboretum Parking lots as a rinci al use Utili Factor Not A licable Not A plicable Not A licable 222 330 4 23 046 6 14 The surface water management fee for each tax parcel classified 1 2 and 3 shall be 7 50 The surface water management fee for each tax parcel classified 4 through 8 shall be calculated as follows 14 64 multiplied by the utility factor multiplied by the acreage of the parcel Section 2 Section 19 142 of the City Code City ofChanhassen Minnesota is hereby amended to read as follows The surface water management fees for tax parcels shall be calculated in accordance with Section 4 50 Section 3 This ordinance shall be effective immediately upon its passage and publication PASSED AND ADOPTED this day of 200 by the City Council of the City of Chanhassen Minnesota Todd Gerhardt City Manager Thomas A Furlong Mayor Published in the Chanhassen Villager on Findin2 s Attached as Exhibit A is a chart that shows the projected rate increases Keep in mind that most developers only experience h ater ualit fee becau fthe credit for on site ondin erefore the recommended 50 rate increas or 2006 is experienced as a 25 rate increase once the credit is applied A survey of surface water utility fees in 2005 indicates that the quarterly fees range from 3 00 in Eden Prairie to 21 80 in Golden Valley and the median quarterly fee is 9 26 Furthermore the median fee has increased 21 since 2003 The projected 2006 increase for Chanhassen s stormwater utility would bring the fee up to 7 50 per quarter The attached Exhibit B is a comparison of storm water fees for single family residential development It is very difficult to get an accurate comparison of surface water area charges between cities because they calculate developable acres differently and often apply ponding and piping credits on a site specific basis Therefore the fees in Exhibit B assume 3 single family units are developed per acre and there is no on site ponding In actuality a Chanhassen developer would typically develop 24 units per acre and get a ponding credit The fees projected in Exhibit A will allow the City to maintain and expand its surface water utility as required by state regulation The proposed fee structure also improves the equity in the system by matching the level of the fee to the costs for which it is intended to pay J 3060 Centre Pointe Drive Roseville MN 551 3 1105 651 697 8546 Fax 651 697 8555 jcook@ehlers inc com http www ehlers inc com l III CD CD LL J e t lIS w3 CD l en I I I I I I I I I co o o N u E8 1 Gl a E S CI m 10 0 VN cO o 10 0 ON r 1OeJ 1 0 CON 0 Dtft CJ 0 CON j ocf CO 0 ON j ocf 00 VN l 0 CO N N 00 l N N t cf 00 N o VO IO l CJ o Iii c 8 1 Gl a E o S CI Gl Gl Gl C u C 0 g II tij 5i 5 55 1 Q C Q C f f o N 10 0 j tDtfl010 Vj CDi CJ 10 j r CJ 10 CJ CD 010 CO Ill NIO 0 10 10 V co CO 10 N y ft l 10 N CO 10 N o V CO N ik MEMORANDUM CITY OF CHANHASSEN DATE Todd Gerhardt City Manager Todd Hoffman Park Recreation Director I o January 13 2006 TO 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 FROM Administration Phone 952 227 1100 Fax 952227 1110 SUBJ Old Village Hall Plaza Approve Contract Additions Associated with ADA Ramp Including Railing and Modifications to Back StoopBuildingInspections Phone 952227 1180 Fax 952 227 1190 Engineering Phone 952 227 1160 Fax 952 227 1170 The original scope of the Old Village Hall Plaza project did not include an ADA ramp at the front entrance to the building In consultation with the city s Building Official it was decided that since we were in the midst of a construction project the installation of a ramp would be a good idea Finance Phone 952227 1140 Fax 952 227 1110 Park Recreation Phone 952227 1120 Fax 952227 1110 Attached to this report is a copy of a sketch provided by the contractor depicting the ramp design The ramp extends 12 feet from the front door turns 90 degrees and extends another 16 feet to the east The cost to prepare the site form the ramp and associated steps install reinforcing bars and pour and finish the concrete is 3 685 Recreation Center 2310 Coulter Boulevard Phone 952227 1400 Fax 952227 1404 Planning Natural Resources Phone 952227 1130 Fax 952227 1110 The contractor secured two quotes for the construction of 52 feet of handrail for the ramp Rolberg Manufacturing quoted 1 950 A lower quote of 1 605 09 was received from Double B Repair and Manufacturing With the addition of tax delivery and installation the total cost of the railing is 4 100 Public Works 1591 Park Road Phone 952227 1300 Fax 952227 1310 Significant modifications to the back stoop were also recommended by the Building Official including the installation of footings and construction of a larger landing and stairway The more modest stoop included in the bid documents was priced at 563 76 The first quote submitted by the contractor for an additional 2 181 74 to construct the newly designed back stoop was rejected A second quote of 1 950 in additional compensation was accepted bringing the total cost of the back stoop to 2 513 76SeniorCenter Phone 952227 1125 Fax 952227 1110 In the interest of keeping the Old Village Hall project on track and to minimize disruption to the Chamber of Commerce operations prices for these additional work items were negotiated with the contractor All of these additional items have been completed with the exception of a portion of the concrete anchors on the railing and touch up painting The contractor also has a small punch list to complete on the paving brick portion of the project Web Site www ci chanhassen mn us The City of Chanhassen A growing community with clean lakes quality schools a charming downtown thriVing businesses winding trails and beautltul parks A great place to live work and play Mr Todd Gerhardt January 13 2006 Page 2 RECOMMENDA TION It is recommended that the City Council approve the aforementioned additions to the Old Village Hall Plaza Project totaling 9 735 Payment for these additions will be split between the project budget and the park and recreation building repair and maintenance budget Original contract amount 44 932 21 Additions to contract ADA concrete ramp Revised rear stoop Metal handrails for ramp Total Additions 3 685 1 950 4100 9 735 00 New Contract Amount 54 667 21 ATTACHMENTS 1 ADA Sketch Plan 2 Back Stoop and Stairway Sketch Plan G park th Old village haJl contract additions doc 11 21 2005 15 47 GLACIAL RIDGE J Jy IJlj6 lt 4LI R Ie 10 v6r 3202311546 I r I Il T PAGE 02 02 A I17 I I0 0 1 I r l5PH IE I 1 I t t Jj 9VI 4 J I 2 c C y YfA e le ra p 7 j J 4 1 r 1 1 t r J 4 r o J r fI J M I M f a tI If l or 7 M r i 5 Id I or I 4lL I I 12111i JD5 t tW with J1atl 0MI 1 D fs I I tt lh 11 6 If J i fiP1 1 2 i m TirL L t ia T fM H L i t Vt i 1 Dt tA i Jl r t i I i tfXftJf ft rr i JI v1 L i l j t r MT i 6s i r i7r T L i t 1 1 y 1 1 1 l f i J L J l1hL LW j llttL f e t L L j i It Lt lr 4 t 1 i l t l L J L 11 i f L J t L LIi I 1 I I 1 I i 1 I I I I l tf r J I l j I j l f l l I T l Nal 2J0 ri Tr ri TT r K i T1 n j tJtr 1 T t j t Lr rx tli d 1 lio r j jr I k tz Lrll i I i 14 jl i it 1 I i L ltfII1YiZftrrI11irititriI I att I I I ii I Iii I i I t r7tn d t1tJ I 1hrrJitraa R t Plt rtil i ii I J Ie 1frl I llj J6 ir t t I l 1 J r tt 1 I jO qll T t7fwIntJIIiiiIiiIIlCI sj I i r Vi I I J i t r I r T I I ii I I L I II I Iii I I I I I HlIII4IIiill LT K 1lj l1 i t 4 l i tfl I 1 r 11oilld11Cl5TJllIJIIx1Iii1171IIIIIiI l I I l I t q t 11 d l I I c I J j r I r rr i 11 i r I r 1 7 if J y r i t l ll T I i i I i L i l J r i 1 I I J J I L 4 j j t 1 T r t t 4 f 1 1 i I i i It I It I I l J I I ill j I I I i ii I I i I i t I I I I I t t t I i r r t 1 r t i f r I t i t IIIIIliiiI1HKIi I 1 tL IL 1 i i t J 1 L I 1 1 1 L f L L L I I I I I 1 1 I I I I ill I I I I l I I I f 1 If i 1 j I I 1 j I 1 t r r r 1 r r 1 l i r L l I 1 I I t I t I J I I I I I S 1 I 1 I I j I I I I I I 1 I I l ill I I i I I I i I I I I Iii r E L f r f l j i b LItj ft l I i J 4Ul i i i i I 1 i I i r i I I t lo a I i I r r t t LL Htft1 lL IZrr j v s gH s t J t I i i i i i Jt1fi Ii I l 1 i i V 1 i L il Iff J e r0 t i rbi rll 1 Ii i I i I IOf 1 I r i ii 1 i i i IiI I rl N i i i i t I I i I I i i I b 1 I I r i t 21 b r u uf JG I QJ I I I I J IL i 1 I I I 1 i I I mi i i i I j r ev er I r r t i J t i T u t r i 11 t i 1 1 r rr I I I I It 1 j l l i kk ixt l J i 10 d ti i I i I r6 otkt4 4 ir t i 1 t 1 I ph t f bir J7 if 1 I i Iii J I J I I f v T FrlarsJ rtru 1 r J 1 4 1 1 hi A i T 1 tG 1 1 1 u t ii o L j iiJCi T 2 Ti rA i l t L U lTt yl i i lt r iA A I L J L lylltn JOB NAME JOB LOCATION SHEET OF SALESMAN BY DATE CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone 952227 1100 Fax 952 2271110 Building Inspections Phone 952227 1180 Fax 952227 1190 Engineering Phone 952227 1160 Fax 952227 1170 Finance Phone 952227 1140 Fax 952 227 1110 Park Recreation Phone 952 227 1120 Fax 952 227 1110 Recreation Center 2310 Coulter Boulevard Phone 952227 1400 Fax 952227 1404 Planning Natural Resources Phone 952227 1130 Fax 952227 1110 Public Works 1591 Park Road Phone 952227 1300 Fax 952227 1310 Senior Center Phone 952227 1125 Fax 952227 1110 Web Site WWII ci chanhassen mn us 1L MEMORANDUM TO Todd Gerhardt City Manager FROM Justin Miller Assistant City Managers AI January 11 2006 oDATE RE 2005 Pay Equity Report BACKGROUND In 1984 the Minnesota Legislature passed the Local Government Pay Equity Act Basically the intent of the law is to ensure that men and women performing similar jobs are compensated in an equal manner Local governments were given until December 31 1991 to comply with the law and were required to file reports with the Department of Employee Relations DOER by January 31 1992 All jurisdictions were then placed on a three year reporting cycle for future reports The City of Chanhassen is required to submit a report by January 31 2006 for payroll information as of December 31 2005 Attached to this report is a copy of what will be submitted to the State The report is a computer generated report based on inputs supplied by the City of Chanhassen The report is fairly confusing but the figure which denotes compliance is the underpayment ratio under Roman numeral II on the Compliance Report According to DOER jurisdictions must maintain a ratio of 80 or higher to comply with the statute As can be seen on the compliance report the City of Chanhassen is at 111 4 so it is believed that we will achieve compliance once the report is submitted RECOMMENDA TION Staff recommends that the Chanhassen City Council approve the attached 2005 Pay Equity Implementation Report and direct staff to submit the report to the Department of Employee Relations by January 31 2006 Approval of this item requires a majority vote of the city council The City 01 Chanhassen A growing community with clean lakes quality schools a charming downtown thriving businesses Winding trails and beautiful parks A great place to live work and play Pay Equity Implementation Report For Department Use Only u uu Send completed report to Pay Equity Coordinator Department of Employee Relations 200 Centennial Building 658 Cedar Street St Paul MN 55155 1603 651 296 2653 Voice 651 282 2699 TOO u Postmark Date of Report o J Jurisdiction 10 Number J Part A Jurisdiction Identification Jurisdiction City of Chanhassen 7700 Market Blvd P O Box 147 Chanhassen MN 55317 Jurisdiction Type CITY Contact Assistant City Manager Justin Miller Fax 9522271110 Email jmiller@cLchanhassen mn us Phone 952 227 1118 Part B Official Verification The job evaluation system used measured skill effort responsibility and working conditions and the same system was used for all classes of employees e No salary ranges performance differences o Leave blank unless BOTH of the following apply The system used was IState Job Match I a Jurisdiction does not have a salary range for any job class b Upon request jurisdiction will supply documentation showing that inequities between male and female classes are due to performance differences e Health Insurance benefits for male and female classes of comparable value have been evaluated and rrhere is no difference Band female classes are not at a disadvantage Note Do not include any documentation regarding performance with this form o 0 Information in this report is complete and accurate o An official notice has been posted at Chanhassen City Hall Administration Copy Room prominent location informing employees that the Pay Equity Implementation Report has been filed and is available to employees upon request A copy of the notice has been sent to each exclusive representative if any and also to the public library The report was approved by Chanhassen City Council governing body 0 The report includes all classes of employees over which the jurisdiction has final budgetary approval authority Tom Furlong chief elected official Part C Total Payroll Mayor I 4 396 366 00 I is the annual payroll for the calendar year just ended December 31 title o Checking this box indicates legal signature by above official Compliance Report Jurisdiction City of Chanhassen 7700 Market Blvd Contact Justin Miller Assistant City Manager Insurance Added Job Evaluation System Used 01 11 200E Phone 952 227 1118 The statistical analysis salary range and exceptional service pay test results are shown below Part I is general information from your pay equity Report data Parts II III and IV give you the test results For more detail on each test refer to the guidebook IGENERAL JOB CLASS INFORMATION Male Classes Female Classes Job Classes Employees Avg Max Monthly Pay per Employee 35 51 5 547 41 13 19 5 231 53 II STATISTICAL ANALYSIS TEST A UNDERPAYMENT RATIO 1114 a at or above Predicted Pay b Below Predicted Pay c TOTAL Balanced All Job Classes Classes 1 49 2 72 5478 18 Male Female Classes Classes 20 8 15 5 35 13 42 86 3846dBelowPredictedPay b divided by c d Result is of male classes below predicted pay divided by of female classes below predicted pay B T TEST RESULTS Degrees of Freedom DF 68 Value of T a Avg diff in pay from predicted pay for male jobs b Avg ditto in pay from predicted pay for female jobs III SALARY RANGE TEST 0 00 Result is A divided by B A Avg of years to max salary for male jobs 0 00 B Avg of years to max salary for female jobs 0 00 IV EXCEPTIONAL SERVICE PAY TEST 100 00 A of male classes receiving ESP B of female classes receiving ESP if 20 or less test result will be 0 00 100 00 100 00 1 299 42 284 o OS ttO 11 a 0 tI CI Uc S86 llI iii m 0 8S c 9 L 11 Q a en 0 en III CIciiic III c 0 en 0 0 9 c 15 03Q 0 III Q tl Q t SU cQ 11 0 a Q 0 CI iii E CI SOt lL 0 D 08 0 D X 5 tI 96 CIti i 11 06 Cl ex 0 t Cl 0 ex 0 t Cl 0 l N Ci t Lri I m cO en ex 0 co 10 0 C C U 10 0 C 0 0 0 0 Cl 0 0 I 0 Cl 0 ex ex I 10 t C Cl Jeles PC DATE Jan 3 2006 CCDATE Jan 23 2006CITYOFCHANHASSENREVIEWDEADLINEWaivedCASEPlanningCase0530 BY Al Jaff STAFF REPORT PROPOSAL Environmental AssessmentPublicHearingtoreviewan addressing potential environmental impacts oftheproposed development andmaking the appropriate findings and decisions on the needfor an Environmental ImpactAPPLICANTConditionalUsePermitVariancesStatementRequestforawithandaSitePlanReviewapplicationtoconstructalocalelectricdistributionsubstationonpropertyzonedIndustrialOfficeParkMinnesotaValley Electric LOCATION East ofthe Gedney Pickle plant northofStoughton Avenue and south of Flying CloudDrive APPLICANT Minnesota Valley ElectricCooperative MAGedney 125 MVEC Drive 2100 Stoughton Avenue Jordan MN 55352 Chaska MN 55318 Attn Ron Jabs Attn Kevin Talbot95249282449524486460 rjabs@mvec net ktalbot@gedneypickle com PRESENTZONING IOP Industrial OfficeParkDistrict 2020 LAND USEPLAN ACREAGEOfficeIndustrial 2 35 acres SUMMARYOF REQUEST Request toconduct apublic hearing toreviewanSITEDATAEnvironmentalAssessmentaddressingpotentialenvironmentalimpactsoftheproposeddevelopmentandmakingtheappropriatefindingsanddecisionsontheneedforan Conditional Use PermitVariancesEnvironmentalImpactStatementRequestforawith and Site Plan Reviewa application toconstruct a localelectric distribution substation with a 10 foot high wall fence ona 2 35 acre lot zoned IOP Notice ofthis publichearing hasbeen mailed toall property owners within 500feet Staffis recommending approval ofthe request LEVEL OF CITYDISCRETION IN DECISIONMAKING The City s discretion in approving ordenying a site plan is limited towhether or notthe proposed project complies with Zoning Ordinance requirements If itmeets these standards theCity must then approve thesite plan This is a quasi judicialdecision The City s discretion in approving ordenying a varianceis limited towhether ornot the proposed projectmeets the standards in theZoningOrdinance for variance The City hasa relatively high levelofdiscretion with a variance because the burden ofproofison the applicant toshowthat theymeetthe standards in the ordinance Minnesota Valley ElectricSubstation Planning Case No05 30 January 3 2006 Page 2 The City haslimited discretion in approvingordenying conditionalusepermits based on whetherornot theproposal meetsthe conditional usepermit standards outlined inthe Zoning Ordinance If the City finds thatall theapplicable conditional usepermit standardsare met the permit must beapproved This isa quasi judicialdecision PROPOSAL SUMMARY MinnesotaValley Electric Cooperative MVEC isproposingto construct a local 115 kilovolt electric distribution substation onpropertylocatedeast oftheGedney Pickle plant northof Stoughton Avenue andXcel ElectricSubstationsouth of FlyingCloudDrive and east ofa cemeterylocated in the CityofChaskaThesiteiszoned Industrial Office Park IOP XcelEnergy Electrical Towersare locatedin the City ofChaska southofthe proposedMVEC site This entiresubstation waspurchasedbyMVEC and willbe completely dismantledand removed Theexisting drivewayservingtheXcelElectrical Towers will be extended to the north toserve the proposedMVECsubstation Any transmission line over 100 kilovoltsrequires an Environmental Assessment Minnesota Valley ElectricSubstation Planning Case No05 30 January 3 2006 Page 3 EA The EA contains informationon the human and environmental impacts oftheproposed project and addresses methods tomitigatesuch impacts The applicanthaspreparedan environmental assessment EA thatreviewsthe proposal for the siteas well as the surrounding area Staff hasreviewedthe EA thatis complete andis recommending approval ofa resolutionNegativeDeclarationofoftheNeedforanEnvironmentalImpactStatementfortheMinnesotaValleyElectricSubstationsite The applicantis requesting site plan approval for the construction ofan electric substation The substation will consistof alow profile modular facility thatwill be screened byaconcrete tip up wall on three sides anda chainlink fence alongthe east sideofthe site The wall is proposed tohaveaheightof10feetCommercialorindustrialfencesovereightfeetrequireaconditionaluse permit This fence wall is forsecurity as well as aesthetic purposes Staffis recommending approval ofthe conditionalusepermit toallow a10 foot wall The zoning ordinance allows electric substations inthe IOP districtas a ConditionalUse PermitTherearespecialrequirementsforanelectricsubstationoneofwhichisthesizeoftheproperty The ordinance requires a minimum of5 acres The applicant is proposingtobuild the facilityon a 2 35 acre parcel The secondrequirement stipulatesthatsubstations maintain a500 footsetback from single familyresidences The subject site islocatedapproximately 200 feetfrom a mobile homepark located southofStoughton Avenue The applicant isremoving an existing substationXcelsubstationandreplacingitwiththeproposedsubstationwhichwillmaintainalarger distance from thesehomes The ordinance requires thesite tobe served via a collectoror major arterial streetasdesignated in the comprehensiveplan Stoughton Avenue isnot classified as either but functions as acollector Forthis use the current locationis mostidealand causes the least disturbance and impact tothearea Staff is recommending approval ofthe varianceand theconditionalusepermittoallowtheelectricsubstation Staffis recommendingapproval ofthe site plan conditional usepermit with variances and resolution ofNegativeDeclaration ofthe needfor an Environmental Impact Statement for the Minnesota Valley ElectricSubstation sitewith conditionsoutlined inthe staff report BACKGROUND On March 14 2005 the City Council approved anordinance amendmentregulating and defining Electric Substations On November15 2005 thePlanning Commission conductedaPublic Hearing todetermine the scopeofan Environmental Assessment request for a Conditional UsePermit with variancesand SitePlan Review application toconstructa local electricdistribution substation on property zoned IndustrialOffice Park Minnesota Valley Electric Planning CaseNo0530ThePlanningCommissionrecommendedapprovaloftheEnvironmental AssessmentScoping directed stafftoprepare the EAconsistent with the scoping and tabled further proceedingson theConditional Use Permit SitePlan and Varianceuntil such time as the EA is completedand submittedtothe Planning Commission Minnesota Valley ElectricSubstation Planning Case No05 30 January 3 2006 Page 4 GENERAL SITEPLANARCHITECTURE Theproposed electric substation will belocatedon approximately2 35 acres Staffhasbeen working with the applicant for overa yeartobringforth the bestdevelopment alternative Staffandtheapplicantbothagreedthatthe substation needed tobe screened from views Enclosing the utility structures insidea building was notan option The applicantproposed tobuild atip updecorativeconcretefenceonthreesides of the substation and achain link fenceon the easterly side Staff agreedthat this alternativewas acceptable Thewall shown inthe photo tothe right is anexample ofthetype ofwall thatis proposed tobe used alongtheparameter of the substation There isarowofexistingmature evergreens that will screen thesite from the east Additional landscaping willbe added alongthe entire fencetobreak up thewallvisuallyandaddsomeinterest This operation willgenerate minimal traffic Consequently there will be an area for a maintenance truck toparkandturnaround There isno trashenclosureproposed with this development ARCHITECTURAL COMPLIANCE Typically staff prepares an architectural complianceanalysis ofanyproposed development The analyses addressesissuessuch assize portion and placement entries articulation material anddetailcolorheightandroofdesignfacadetransparencyloadingareasrefuseareasetcThis proposal doesnot contain atypical building therefore there isno analysis required The applicant hasmade aconsiderable efforttoscreen the electric substation The applicant is also proposing totakedown the existing Xcel Energy electric substationwhich willimprove the appearance ofthe area considerably Minnesota Valley ElectricSubstation Planning Case No05 30 January 3 2006 Page 5 SITEPLANFINDINGS Inevaluating a siteplan andbuildingplan the City shall considerthe developments compliance withthe following 1 Consistency with the elements andobjectives ofthe citysdevelopment guides including the comprehensive plan officialroad mapping andother plans that may beadopted 2 Consistency with thisdivision 3 Preservationofthe site in itsnatural state totheextent practicable byminimizing treeand soilremoval and designing grade changes tobe in keepingwith the general appearance of theneighboring developedordeveloping areas 4 Creation ofaharmoniousrelationship ofbuildingand openspacewith naturalsite features andwith existing andfuture buildings having a visual relationshiptothe development 5 Creation offunctional and harmonious designfor structures and sitefeatures with special attentiontothe following a Aninternalsense oforder for thebuildings and useon thesite and provision ofadesirable environment for occupants visitorsand generalcommunity b The amount andlocation ofopenspace andlandscaping c Materials textures colorsand detailsofconstruction asan expressionofthedesignconceptandthecompatibilityofthesamewithadjacentand neighboringstructures anduses and d Vehicular andpedestriancirculation including walkways interiordrives and parking in terms oflocationand number ofaccesspoints tothepublicstreetswidthofinteriordrivesandaccesspointsgeneralinterior circulation separationofpedestrianand vehicular trafficand arrangement andamount ofparking 6 Protection ofadjacentand neighboringproperties through reasonableprovisionforsurfacewaterdrainagesoundandsightbufferspreservationofviewslight and air and thoseaspects ofdesignnot adequately covered byother regulations which may have substantialeffects on neighboring landuses Finding The proposed development is consistent with the citys comprehensive planandthezoningordinanceifthevariancestotheconditionalusepermitwereapproved The site design iscompatible with the surrounding development It is functional andwill Minnesota Valley ElectricSubstation Planning Case No05 30 January 3 2006 Page 6 improve thesurrounding area Minorrevisions arerequired and are outlinedin the conditions ofapproval COMPLIANCETABLE Ordinance Proposed Minimum Setbackfrom aResidential Area 500Feet 200 Feet LotArea 5 Acres 2 35 Acres HardSurface Coverage 70 31 5 WETLANDS Upon review ofthe plans itis concluded thatthere are no wetlandson this site STORMWATER GRADING AND EROSIONCONTROL The northernportion ofthe property currently drains tothe north Thecentral portion drains towardsthe depression locatedin the middle ofthesite The southernportion ofthesite drains tothe south The 155 x 200 substation padwill sheetdrain tothe west The plansmustidentifytheproposedoutletforthebuildingpadsincethewestaestheticwallwillimpede The developer must submit a constructiondetail for the proposedrock pad thatdrainage shows howthe pad facilitates drainage under the decorativewall The proposedgrading plan identifies shallow depressions on the north and southends ofthepropertyandaninfiltrationbasinonthewestsideofthepropertyThesoutherndepressionwill overflow tothewest and thenorthern depression willoverflow tothe north The infiltration basin storagecapacity exceedsthe 100 year runoffvolume Based on theCarver County soils data the infiltrationbasin willinfiltrate within 60 hours the PCArecommends infiltrationwithin 72 hours The 100 year post development dischargerate and volumetothe north will notincrease The 100 year post development dischargerate tothe southwestwill decreaseand the post development dischargevolume will increase slightly The runoff tothe infiltration basin may carryparticulate matter from the gravel substationpad Staff recommends thatannualmaintenance beperformed on the infiltration basin so thatitwill function as modeled LANDSCAPING Minimum requirementsfor landscaping include bufferyard plantingsalong propertylines The submitted revisedplansTheapplicant proposed landscapingascompared totherequirements is shownin the following table Minnesota Valley ElectricSubstation Planning Case No05 30 January 3 2006 Page 7 Required Proposed Northproperty line 2 overstory trees 0 overstory6bufferyardB3204understorytrees3understory 99shrubs2 shrubs Southproperty line 1 overstory trees 0 overstory6BufferyardB1402understorytrees2understory 84shrubs2 shrubs East property line bufferyard 3 overstory trees 0 overstory11C2208understorytrees6understory1211shrubs0shrubs West property line 1 overstory trees 0 overstory 8bufferyardB2804understorytrees4 Understory108shrubs3shrubs Duetothe presenceofoverhead power lineson thesite onlyunderstory trees are recommended for planting Thetotals for overstoryspecies should be transferredtothe understory totals The applicantdoes notmeet minimum ordinance requirements forthe buffer yardplantings Staffrecommendsthattheapplicantincreaseplantingtotalsinordertomeetordinancerequirements LIGHTING The applicantis not showing anylightfixtures on the plans Detailedlighting plans shallbesubmittedincludingphotometricsandtypeoflightfixtureTheordinancerequiresnomorethan 0 5 foot candle atthe propertyline Only downcast shielded fixturesareallowedasrequired by ordinance Any security motiondetection lighting should also be shown CONDITIONALUSEPERMIT ANALYSIS The applicant isrequesting a conditional usepermit forthe construction ofan electricsubstation and a10 foot highfence wall in theIndustrial OfficePark District The substation will better servetheresidentsofChanhassenandthesurroundingareaChanhassenhasexperiencedrapidgrowthand thecompletion ofHighway 212isanticipated tosignificantlydrive newgrowth intothe area FINDINGS The Planning Commissionshall recommenda conditionalusepermit andthe councilshall issue such conditional usepermits only ifitfindsthatsuch useatthe proposedlocation 1 Willnot be detrimental toordamage the publichealth safety comfort convenienceor general welfare oftheneighborhood ofthecity Finding The substation will providea basicutility tothe residents ofChanhassen andthe surrounding area The wallwill provide screening and act asa securityfence Minnesota Valley ElectricSubstation Planning Case No05 30 January 3 2006 Page 8 2 Willbe consistent with theobjectives ofthecity s comprehensive planand this chapter Finding This useis consistent with the objectives ofthecity scomprehensive plan and this chapterprovided thevariances areapproved 3 Willbe designed constructed operatedand maintained sotobe compatiblein appearance with the existing or intended character ofthe general vicinityand willnot change the essential character ofthatarea Finding The proposed concretefence designwill screen the substation Theapplicant willremovetheexistingXcelsubstationwhichwillimprovetheaestheticsofthearea drastically 4 Willnot be hazardousor disturbing toexisting or planned neighboringuses Finding The new substation will improve the areaon manylevels The substation willtap intoexistingelectric linesand willnot increasethe electromagneticfields alongthe propertylines The existing XcelEnergy substation willbe removed This substation is closerthan the proposedMVEC substation toa residentialarea located southof StoughtonAvenue The proposal willbe an improvement tothe plannedneighboringuses 5 Willbe served adequatelyby essentialpublicfacilities and services including streets police and fire protection drainage structures refusedisposal water andsewer systemsand schools or will beserved adequately bysuch facilities and servicesprovided by the personsor agenciesresponsiblefortheestablishmentoftheproposeduse Finding Willbeserved adequatelybyfacilities andservices providedbythe persons responsible for theestablishment oftheproposeduse 6 Willnotcreate excessive requirements for publicfacilities and servicesandwill not be detrimental tothe economic welfareofthecommunity Finding Willnotcreate excessive requirementsfor public facilities and services and willnot be detrimental to the economic welfareofthe community It will provideanecessaryutility 7 Willnot involve uses activities processes materials equipment and condition ofoperation that will be detrimental toanypersons property orthe general welfarebecauseofexcessive production oftraffic noise smoke fumes glare odors rodents or trash Finding Willnotinvolve uses activities processes materials equipmentand conditionof operationthatwill be detrimentalto anypersons property orthe general welfare becauseofexcessive production oftraffic noise smoke fumes glare odors rodents or trash Minnesota Valley ElectricSubstation Planning Case No05 30 January 3 2006 Page 9 8 Willhave vehicular approaches tothe property whichdo not createtrafficcongestion or interfere with trafficor surrounding public thoroughfares Finding Willhave vehicular approachestothe propertywhich do not createtraffic congestionor interfere withtraffic or surrounding public thoroughfares 9 Willnotresult in thedestruction loss or damageofsolar access natural scenic or historic featuresofmajor significance Finding Willnot resultin the destruction loss ordamage ofsolar access natural scenicorhistoricfeaturesofmajorsignificance 10 Willbe aestheticallycompatible with thearea Finding Willbe aestheticallycompatible with thearea 11 Willnot depreciate surrounding property values Finding Willnot depreciate surrounding property values 12 Willmeetstandardsprescribed forcertain uses asprovidedin this article Finding Electrical Distribution andUndergroundElectric Distribution Substationsare subject tothe following conditions a The Distribution andUndergroundElectricDistribution Substationsmust be served bya collector ormajor arterialstreet asdesignatedin the comprehensive plan Finding StoughtonAvenue isnot designatedasacollector oran arterial street TheproposedusewillgenerateminimaltrafficStaffdidnotwantto encourage anyaccess pointsonto Highway 212 b The Distribution and UndergroundElectric Distribution Substations willnot have sanitary facilities andwill not be usedforhabitation Finding Thesubstation will not havesanitary facilitiesnorwillitbeused for habitation c The Distribution and UndergroundElectric Distribution Substations willbelocatedonatleastfive5acresofproperty Finding The facility isproposed tobe locatedon 2 35 acres This isa fairlysmall substation and theproposed acreage isadequatetoaccommodate the proposed facility Minnesota Valley ElectricSubstation Planning Case No05 30 January 3 2006 Page 10 d Asecurity fence asspecified in the NationalElectric Safety Codeshall surround the DistributionandUndergroundElectric Distribution Substations Finding The applicantis proposing a fencearound the substation e Alandscaping planshallbesubmitted forcity approval Finding The applicanthassubmitted alandscaping plan for cityreview and approval f Distribution and Underground ElectricDistribution Substationsshallbe a minimum offive hundred 500 feet fromsingle familyresidences Finding The proposedsubstation will be locatedapproximately 200feet north ofan existing mobile home parklocatedsouth ofStoughton Avenue There isanexistingsubstationacrossthestreetfromthemobilehomewhich MVEC haspurchased and isproposing todismantle and remove The new substation willmaintain alarger setback from themobile homes thanthe existing substation g Asummaryofcurrent researchregardingthe health effects ofEMF levels conducted byhealthand scientificprofessionals includingthosewhodo and do not receiveutility sponsorship Finding The applicant provided the following information Electric and Magnetic Fields Questions oftenarise about electric and magnetic fields EMF which areinvisible lines offorcethat surround anyelectrical device The term EMF refers toelectricandmagneticfieldsthatarecoupledtogethersuchasinhighfrequencyradiating fields For lower frequencies suchas for power lines EMFshould be separated into electricfields andmagnetic fields Transmission linesoperate ata frequency of 60hertz cycles persecond which is inthe nonionizing portion ofthe electromagnetic frequencyspectrum Fieldsareconsidered ionizing when theycauseelectronstoejectfromtheirorbitsaroundanormalatomThiswilltypicallyoccur1622withfrequenciesintherangeof10to10hertz Magnetic fields result from the flow ofelectricity current in the transmission line Theintensity ofthe magneticfieldis relatedtothe current flow through theconductorsThemagneticfieldassociatedwiththetransmissionlinesurroundsthe conductor and rapidlydecreaseswith the distancefromthe conductor The value of the magnetic fielddensity isexpressed in the unitofgauss ormilligauss The mostrecent and exhaustivestudies ofthe health effectsfrom power frequencyfieldsconcludethattheevidenceofhealthriskisweakSomeofthesestudiesare listed below Minnesota Valley ElectricSubstation Planning Case No05 30 January 3 2006 Page 11 National InstituteofEnvironmental HealthSciences 2002 EMF Electric and Magnetic Fields Associated withthe Use ofElectricPower National Institutes of Health NationalResearch Council 1997 PossibleHealth Effects ofExposure to Residential Electric and Magnetic Fields Minnesota Department ofHealth 2002 EMFWhite Paper on ElectricandMagneticFieldEMFPolicyandMitigationOptions Electric andMagneticFields EMF EnvironmentalHealth in Minnesota http www health statemn usdivs eh radiation emf Forthis project the overallEMF impact will not change atthe property lines With the retirementoftheXcel Energy East ChaskaSwitching Station theoverall EMF readings on theproperty areanticipated todecreasecloser tothe road Inthe area ofthenewsubstationtheEMFwillincreaseslightlywithnewtransformerand distribution facilities h Provide EMF levelsunder maximum andaverage anticipatedloading at the base ofthe utilitypoles underneath the wires between the poles atground level aboveundergroundwiresattheedgeofthepropertylineattheedgeoftheclosest habitablebuilding and atthepoint above groundwhere therewouldbethe greatest EMF level Finding See sheetlabeled Estimated EMF Levels Chanhassen SubstationiReasonableandprudentmeasurestominimizeEMFlevelsalongallalternative routes Finding The applicant is removingan existing substation thatis located closertoa residential area and building anewonethatwill havelessimpact on theresidentialareaandwillbelocatedfurtherfromtheresidentialarea j Depictionsofthe views ofthe proposedfacility ifaboveground from atleast two directions selected bycity staff Finding See sheetslabeled ProfileView and ProfileView withExterior Fence k The site isguided OfficeIndustrial on the CityofChanhassen LandUse Plan Finding The site is guidedOffice Industrial on the CityofChanhassenLandUsePlan Minnesota Valley ElectricSubstation Planning Case No05 30 January 3 2006 Page 12 VARIANCE ANALYSIS Underthe conditional userequirements for a substation therearethreerequirements that theproposeddevelopmentdoesnotmeetFirsttheordinancerequiresaminimumofa5acreparcel The proposalis showing 2 35 acres The second dealswith distance from residential areas The ordinance requires a 500 footsetback There is a residential neighborhood located 200feet from the proposed site Third the ordinance requiresthefacility tobe accessedoff ofacollector orarterial street The site will be accessedoff ofStoughton Avenue which is not a collector or an arterial FINDINGS The Planning Commission shall not granta variance unless they findthefollowing facts a Thatthe literal enforcement ofthis chapter wouldcause unduehardship Undue hardship means that the property cannot be put toreasonable usebecauseofits size physical surroundings shape ortopography Reasonable useincludes a usemade bya majority of comparablepropertywithin 500feet ofit The intent ofthis provision is nottoallow a proliferationofvariances buttorecognize thatand developneighborhoods where preexistingstandardsexistVariancesthatblendwiththesepreexistingstandardswithout departing downwardfrom them meetthis criteria The applicant hasbeenable tolocatea site thatwillcause minimal disruptionto neighboring properties reduceelectromagnetic fields impacting adjacent residentialareasandimprovingtheaestheticsoftheareaThesitedoesnotmeetthedistance lotarea andstreetdesignation requirements It is increasing its setback from neighboringresidential properties byremoving the existingXcel energy site The 2 35 acresare adequate toaccommodate the needs oftheproposed facility and the access issue Staffdiscouraged theapplicant fromaccessing the site off ofHighway212TheexistingaccesspointoffofStoughtonAvenueisadequateInlookingat the areawithin 500 feet theXcel energy site islocated ona 5 acre parcel is located less than 150feetfrom theresidential neighborhoodtothesouth and gains itsaccess off ofStoughtonAvenue b The conditions upon which a petitionfor a variance isbased arenot applicable generally to other property within thesame zoningclassification The conditionsuponwhich thispetition fora varianceis based arenot applicable generally tootherproperties within thesame zoningclassification c Thepurposeofthevariation is notbased upona desiretoincrease thevalue or income potential oftheparcel ofland Thepurposeofthisvariation is notbased upona desiretoincrease thevalue orincomepotentialoftheparcelbutactuallyistoprovideaservicefortheresidentsof Chanhassen and thesurrounding area Minnesota Valley ElectricSubstation Planning Case No05 30 January 3 2006 Page 13 d Thealleged difficultyor hardship isnot aself created hardship Thedifficultyor hardship isnot self created e The grantingofthe variance will not bedetrimental tothe publicwelfare orinjurious to other landor improvements in theneighborhood inwhich theparcel islocated Granting ofthe variance will not be detrimental tothepublicwelfare or injurious to otherlandor improvements inthe neighborhood in which the parcel oflandislocated f The proposed variationwill not impair an adequate supply oflightand air toadjacent property or substantially increase thecongestionofthepublic streets or increases thedanger offire orendanger thepublic safetyor substantiallydiminish orimpairproperty valueswithintheneighborhood The proposed variance will not impair an adequate supply oflightand air toadjacent property or substantially increase thecongestionofthepublic streets Staff isrecommending approval ofthisvariance based uponthe findings listed above RECOMMENDATION City Council approvesThePlanningCommissionrecommendsapprovalofSite Plan 05 30 foranelectricsubstationasshowninplansdatedreceivedSeptember2andNovember302005 with variances toallowaccess off ofStoughtonAvenue maintaina 200 foot setback froman existing residential neighborhood andconstruct the facility on a 2 35 acre parcel based onthe findings ofthe staff report subject tothe following conditions 1 BuildingOfficial Conditions a Permits are required toconstruct the perimeterwall and fence b The plansmust be preparedandsigned bydesign professionalslicensed inthe State of Minnesota 2 Theplans must identify the proposed outletfor thebuildingpadsince the westaesthetic wall The developer must submit a construction detailfor the proposedwillimpededrainage rock padthatshows howthe padfacilitates drainage underthe decorativewall 3 Annual maintenance shallbe performed on the infiltration basin sothatitwill function as modeled 4 The applicantmust meetminimum ordinance requirements for bufferyards and submit a revisedlandscape plan tothe cityfor approval 5 Overstoryplantings shallbe added tothe understorytotals for bufferyard plantings Minnesota Valley ElectricSubstation Planning Case No05 30 January 3 2006 Page 14 6 Detailedlighting plans shall besubmittedincluding photometrics andtype oflightfixture The ordinance requires no more than0 5 footcandle atthe propertyline Onlydowncast shielded fixtures are allowedas required byordinance Any security motion detection lighting should alsobe shown CONDITIONALUSEPERMIT City Council approvesThePlanningCommissionrecommendsapprovalforConditional Use Permit 05 30 for the constructionoftheElectric substation and a10 foot wall with thefollowingcondition 1 Asecurity fenceas specifiedin the NationalElectric SafetyCode shall surroundthe Distributionand UndergroundElectric DistributionSubstations NEGATIVE DECLARATION City Council approvesThePlanningCommissionrecommendsthe a Resolution DeclaringNo Needfor anEnvironmental Impact Statementfor the MinnesotaValley Electric Substation ATTACHMENTS 1 Findings ofFact 2 Application 3 Affidavit ofMailing NoticeofPublic Hearing4EnvironmentalAssessment 5 Plansdated Received September 2 andNovember30 2005 g plan 2005planning cases 05 30mvec substation staff reportpc doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE Application of Minnesota Valley Electric Cooperative for Site Plan Review with Variances and Conditional Use Permit for an Electric Substation Planning Case No 05 30 On January 3 2006 the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Minnesota Valley Electric Cooperative for a site plan review with Variances and Conditional Use Permit for an Electric Substation for the property located East of the Gedney Pickle plant north of Stoughton A venue and south of Flying Cloud Drive The Planning Commission conducted a public hearing on the proposed site plan with variances and conditional use permit which were preceded by published and mailed notice The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following FINDINGS OF FACT 1 The property is currently zoned Industrial Office Park District 2 The property is guided for Office Industrial by the Land Use Plan 3 The legal description of the property is attached as exhibit A 4 Section 20 110 1 Is consistent with the elements and objectives of the city s development guides including the comprehensive plan official road mapping and other plans that may be adopted 2 Is consistent with this division 3 Preserves the site in its natural state to the extent practicable by minimizing tree and soil removal and designing grade changes to be in keeping with the general appearance of the neighboring developed or developing or developing areas 4 Creates a harmonious relationship of building and open space with natural site features and with existing and future buildings having a visual relationship to the development 5 Creates a functional and harmonious design for structures and site features with special attention to the following a An internal sense of order for the buildings and use on the site and provision of a desirable environment for occupants visitors and general community 1 b The amount and location of open space and landscaping c Materials textures colors and details of construction as an expression of the design concept and the compatibility of the same with adjacent and neighboring structures and uses and d Vehicular and pedestrian circulation including walkways interior drives and parking in terms of location and number of access points to the public streets width of interior drives and access points general interior circulation separation of pedestrian and vehicular traffic and arrangement and amount of parking 6 Protects adjacent and neighboring properties through reasonable provision for surface water drainage sound and sight buffers preservation of views light and air and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses 5 Section 20 232 1 Sec Will not be detrimental to or damage the public health safety comfort convenience or general welfare of the neighborhood of the city 2 Will be consistent with the objectives of the city s comprehensive plan and this chapter 3 Will be designed constructed operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area 4 Will not be hazardous or disturbing to existing or planned neighboring uses 5 Will be served adequately by essential public facilities and services including streets police and fire protection drainage structures refuse disposal water and sewer systems and schools or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use 6 Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community 7 Will not involve uses activities processes materials equipment and condition of operation that will be detrimental to any persons property or the general welfare because of excessive production of traffic noise smoke fumes glare odors rodents or trash 2 8 Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares 9 Will not result in the destruction loss or damage of solar access natural scenic or historic features of major significance 10 Will be aesthetically compatible with the area 11 Will not depreciate surrounding property values 12 Will meet standards prescribed for certain uses as provided in this article 6 Section 20 58 1 That the literal enforcement of this chapter would cause undue hardship Undue hardship means that the property cannot be put to reasonable use because of its size physical surroundings shape or topography Reasonable use includes a use made by a majority of comparable property within 500 feet of it The intent of this provision is not to allow a proliferation of variances but to recognize that and develop neighborhoods where pre existing standards exist Variances that blend with these pre existing standards without departing downward from them meet this criteria 2 The conditions upon which a petition for a variance is based are not applicable generally to other property within the same zoning classification 3 The purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land 4 The alleged difficulty or hardship is not aself created hardship 5 The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located 6 The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increases the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood 7 The staff report dated January 3 2006 for Planning Case 2005 30 prepared by Sharmin Al Jaff et aI is incorporated herein 3 RECOMMENDA TION The Planning Commission recommends that the City Council approve the site plan review with variances and conditional use permit ADOPTED by the Chanhassen Planning Commission this 3rd day of January 2006 CHANHASSEN PLANNING COMMISSION BY VIi Sacchet Its Chairman g plan2005 planning cases 05 30 mvec sub stationfinding of fact doc 4 MINNESOTA VALLEY ELECTRIC COOPRATIVE Findings of Fact Regarding Decision on Need for Environmental Impact Statement I PROJECT DESCRIPTION Great River Energy GRE located in Elk River MN provides generation and transmission to 28 member cooperatives in Minnesota GRE and one of its cooperatives Minnesota Valley Electric Cooperative MVEC are planning to construct a new substation and high voltage transmission line tap in Chanhassen Carver County Minnesota The new substation and tap will be located on a 2 9 acre site east of Audubon Road and north of Stoughton A venue in an industrial area adjacent to the MA Gedney Plant in Chanhassen Section 3 T115N R23W Chaska Township Carver County The site includes property previously owned by Xcel Energy The new single circuit 115 kV transmission line will tap an existing 115 kV transmission line owned by and operated by Xcel Energy just northeast of the proposed substation site The proposed project includes three primary components MVEC plans to construct a new 115 12 5 kilovolt kV substation to be named the Chanhassen Substation The substation site will be owned by MVEC and all distribution facilities will be constructed operated and maintained by MVEC GRE proposes to construct own and operate approximately 80 feet of 115 kV transmission line to energize the new substation Figure 1 2 The line will be a single circuit design and will tap an existing 115 kV transmission line that is owned and operated by Xcel Energy GRE will also own transmission switching facilities located in the substation The Xcel Energy East Chaska Switching Station will be removed II REASONS FOR ENVIRONMENTAL REVIEW This project falls under the State of Minnesota s Power Plant Siting Act Minnesota Statutes 116C 51 69 and Minnesota Rules Chapter 4400 for transmission projects over 100 kV and requires a permit from the Minnesota Public Utilities Commission Commission However for eligible projects a utility may apply to the local unit of government that has jurisdiction over the project for approval instead of applying to the Commission Minn Rules pt 4400 5000 This proposed 115 kV substation project is eligible for local review III ENVIRONMENTAL REVIEW PROCESS The Minnesota Valley Elecrric EA was submitted to the Environmental Quality Board on December 22 2005 The EAW Notice of Availability was published in the January 2 2006 issue of the Minnesota EOB Monitor Copies of the EAW were mailed to all of the agencies and organizations on the EQB official EA distribution list The lO day comment period ended on January 12 2005 IV COMMENTS ON THE EAW During the comment period letters of comment were received from the following agencies organizations and individuals Status Government Unit Type 11 Activitv L u USDA Rural Environmental Construction of 115 kV Environmental Utilities Service Review transmission line and 115 125 Review for RUS kV substation substation sent to RUS on 9 8 05 approval in process US Dept of Interior Threatened and Review of records for federally No federally listed Fish and Wildlife Endangered Species threatened or endangered species species will be Service Review that may exist at or near the affected by the substation site or transmission project e mail facilities dated 4 13 05 US Dept of the Wetland and Review navigable water and the Proposed work does Army Waterways Review dredging or filling of US waters not require permit Corps of Engineers including wetlands or other Corps of Engineers approval e mail of 825 05 MN Dept of Environmental Comprehensi ve review of The project will not Natural Resources Review Wetlands substation site impacts affect rare features DNR Water Threatened letter of 425105 and Endangered Species USDA Natural Environmental Prime farmlands and land of The construction Resources Review Soil statewide importance will not affect Conservation Resources prime farmlands or Service land of statewide importance letter of 5 4 05 MN Historical SHPO Review of Historic preservation No historic Society Nationally properties will be State Historic Registered Historic affected by the Preservation Office Places project letter of SHPO 5 13 05 City of Chanhassen Conditional Use Construction of new facilities Application in Permit process City of Chaska Driveway Access Application will be Permit made once project is approved Minnesota Pollution National Pollutant Stormwater Pollution Prevention Application will be Control Agency Discharge Plan SWPPP and stormwater made once project MPCA Elimination System permit required for disturbance is approved NPDES Permit of one acre or more v FINDINGS OF FACTDECISION ON NEED FOR EIS Minnesota Rule 4410 1700 Subp 7 specifies the following criteria to be used in deciding whether a project has the potential for significant environmental effects Type extent and reversibility of environmental effects Cumulative potential effects of related or anticipated future projects The extent to which environmental effects can be anticipated and controlled as a result of other environmental studies undertaken by public agencies or the project proposers of an EIS previously prepared on similar projects Based on the information contained in the EA comments received on the EA and the criteria listed above the City of Chanhassen as the RGU makes the following determinations A The project does not have the potential for significant environmental effects B The preparation of a State Environmental Impact Statement on the project is not needed or recommended C The City of Chanhassen may issue permits to allow construction in compliance with the rules of the EA and in conformance with the Minnesota Environmental Policy Act g plan200S planning cases OS 30 mvec sub station ea eaw findings doc t Chanhassen Substation CUP Application Index 1 Index 2 Payment Conditional Use Permit Variance Admin Subdivision and Escrow CITY OF CHANHASSTotal233500RECEIVED EN 3 Application Signed SEP 0 2 2005 4 Project Summary sheet CHANHASSEN PLANNING DEPr 5 Orientation Map 6 Proposed site Aerial Site Map 7 CUP Narrative 8 Chanhassen Substation Standards Section 20 31 and Support 9 500 foot notification List 10 Pictures Stoughton Ave Entrance also Showing Xcel Switching Station Sub site from North Looking Southwest Sub site from South looking North Sub site Looking East toward cemetery On site Close up Comparable Gifford Sub facility for reference Close up up modular switch gear unit 11 EMF strength Diagram 12 Sample Wall Material Picture 13 Site Survey of overall Gedney Property 14 MVEC Site Survey with topography existing transmission hard surface and grading sheet 2 of4 15 Detail Plan sheet 30f4 16 Grading Landscape and Original Tree Canopy Plan Sheet 4 of 4 17 Plan View 18 Profile 19 Estimated EMF levels and Reference 20 Wall Picture Profile Cross Sections 21 500 foot notification Map with contours extended 150 foot from site perimeter Planning Case No CITY OF CHANHASSEN 7700 Market Boulevard P O Box 147 Chanhassen MN 55317 952 227 1100 DEVELOPMENT REVIEW APPLICATION PLEASE PRINT Applica nt Name and Address 1 v J b 1 4 D Lt tlcl sc J Contact Kb b Phone is qi l 4J Fax Email ja Ci2 ec eo Owner Name and Address i Contact l e7 N lAI of Phone 44g 14l0 Fax Email k Tt1lbo eJl r Ide I M Comprehensive Plan Amendment Temporary Sales Permit X Conditional Use Permit Vacation of Right of Way Easements Interim Use Permit Variance Non conforming Use Permit Wetland Alteration Permit Planned Unit Development Zoning Appeal Rezoning Zoning Ordinance Amendment Sign Permits Sign Plan Review Notification Sign 75 100 Damage Deposit x Escrow for Filing Fees Attorney Cost 50 CUP SPRNACNARIWAP Metes Bounds 450 Minor SUB Site Plan Review X Subdivision vl II u TOTAL FEE taBS I flC J1 6G IJ3t fl An additional fee of 3 00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing Twenty six 26 full size copies of the plans must be submitted including an aw x 11 reduced copy for each plan sheet along with a dlaltal COpy in TIFF Group 4 tit format Applicant to obtain notification sign from City of Chanhassen Public Works at 1591 Park Road and install upon submittal of completed application 100 damage deposit to be refunded to applicant when sign is returned following City Council approvalEscrowwillberequiredforotherapplicationsthroughthedevelopmentcontract Building material samples must be submitted with site plan reviews NOTE When multiple applications are processed the appropriate fee shall be charged for each application @ PROJECT NAME Chanhassen Substation LOCATION Part of the M A Gedney property East of the plant North of Stoughton Ave LEGAL DESCRIPTION P LD It 25030700 Part of the NW 1 4 of section 3 Twp 115 R 23 TOTAL ACREAGE 116 600 sq ft or approx 2 5 acres WETLANDS PRESENT YEs x NO PRESENT ZONING lOP Industrial Office Park District REQUESTED ZONING Same PRESENT LAND USE DESIGNATION REQUESTED LAND USE DESIGNATION REASON FOR REQUEST Electric Substations require a Conditional Use Pennit MVEC needs to construct a local distribution substation to serve the demands of Chanhassen surrounding area A variance is requested for the property size distance from residential properties MVEC requests approval of the CUP as well as the property subdivision As requested in the accompaning narranve drawings This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions Before filing this application you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application A determination of completeness of the application shall be made within 15 business days of application submittal A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application I have attached a copy of proof of ownership either copy of Owners Duplicate Certificate of Title Abstract of Title or purchase agreement or I am the authorized person to make this application and the fee owner has also signed this application I will keep myself informed of the deadlines for submission of material and the progress of this application I further understand that additional fees may be chargedfof consulting fees feasibility studies etc with an estimate prior to anyauthorizationtoproceedwiththestudyThedocumentsandinformationIhavesubmittedaretrueandcorrecttothebestof m 3 It 7 J 5 I Date jt7 G Date G lplanlformslDevelopment Review Application DOC Rev 4 05 Chanhassen 115 kV Substation Transmission Tap t Touchstone Encrgyl The powof human OIlri Ctil m 1fYI lBre11 1J1 npo n 1nU J t I trn r ppr tl t HI I l r GREAT RIVfR ENf RGY GREAT RIVER ENERGY 17845 East Hwy 10 P O Box 800 Elk River MN 553300800 763441 3121 www greatriverenergy com Minnesota Valley Electric Cooperative 125 Minnesota Valley Electric Drive Jordan MN 55352 952492 2313 www mvec net Project Goal and Need Minnesota Valley Electric Cooperative MVEC provides electric energy to a large portion of Chanhassen and the surrounding areas as designated by the Minnesota Public Utilities Commission The area has experienced rapid growth in recent years and completion of the State Highway 312 project is anticipated to significantly drive more new growth until land use is saturated The Substation A technical analysis of the transmission system identified the need for a new electrical distribution substation site within the focused area This analysis considered the presence of existing distribution feeders and transmission lines as well as existing and future load projections A location within an underutilized industrial area adjacent to the MA Gedney Plant on Stoughton Avenue Section 3 T115N R23W situated directly under existing transmission lines was found to be most conducive to the current and future electrical needs of the area The substation proposed is a low profile modular facility that would be proposed with concrete tip up type walls on three of the four sides The new proposed installation will provide considerably more system growth potential improve MVEC system reliability and provide some backup capabilities to both the Bluff Creek and Chaska substations under emergency conditions Transmission Existing transmission lines cross the area near the proposed substation location and include voltages of 69 kV 115 kV and 230 kV MVEC would utilize the 115 kV transmission line owned by Xcel Energy in partnership with Great River Energy GRE who would tap the transmission line one span and bring it into the substation Minimal alterations to the existing transmission system would be required Permitting and Scheduling MVEC and GRE are applying for necessary permits from the City of Chanhassen and will assist in the preparation of the required environmental assessment The project will operate at the nominal voltage of 115 kV and is regulated under the Power Plant Siting Act A provision of this law allows the utility to seek local approval Because this is a local load serving project GRE and MVEC have elected to seek local approval Contacts Questions or concerns should be directed to one of the following Ron Jabs Minnesota Valley Electric Cooperative 125 Minnesota Valley electric Drive Jordan MN 55352 952 492 8244 Craig Poorker Great River Energy 17845 East Highway 10 Elk River MN 55330 0800 763 241 2367 cpoorker@orenerov com DATE LAST REVISED 8 222005 Map Print Output f Page 1 of 1 Carver County GIS Ma Jping Application Legend Rood r xt US HigMays I IIN HigMays II CSAH County Reads L3lli Palnls RII I PIlCm2 D2 c 111 Carver County Map Created on 8 15 2005 This map was created using Carver County s Geographic Information Systems GIS it is a compilation of information and data from various City County State and Federal offices This map is not a surveyed or legolly recorded map and is intended to be used as a reference Carver County is not responsible for any inaccuracies contained herein http 156 99 124 167 website parcel intemetJecap map asp 815 2005 VICINITY MAP y r fir APPLICATION FOR CONDITIONAL USE PERMIT Chanhassen MN For the Chanhassen Substation By The Minnesota Valley Electric Cooperative The Minnesota Valley Electric Cooperative MVEC provides electric energy to a large portion of Chanhassen and the surrounding areas as designated by the Minnesota Public Utilities Commission The area has experienced rapid growth in recent years Completion ofthe St Highway 312 project is anticipated to significantly drive more new growth until land use saturates Technical analysis of the system targeted the need for a new electrical substation site within the target area while accounting for the presence of existing distribution feeders and transmission lines as well as existing and future load projections The proposed site selected is a portion of unused property owned by M A Gedney and zoned Industrial Office Park District lOP The site is located north of an existing Xcel Energy switching station east of the M A Gedney plant west ofa St John s Lutheran Cemetery and south of additional industrial office park property owned by MA Gedney The specific legal description ofthe location under consideration is Beginning in the Northwestern Quarter of Section 3 Township 115N Range 23W which lies South 88 degrees 23 minutes 19 seconds East a distance of2313 94 feet from NW 3 monument located NW 3 in the Northwest Quarter of Section 3 Township 115N Range 23W Thence South 2 degrees 43 minutes 26 seconds West a distance of 193 29 feet Thence South 0 degrees 18 minutes 10 seconds West a distance of 418 76 feet Thence South 57 degrees 57 minutes 21 seconds West a distance of 149 63 feet Thence South 0 degrees 38 minutes 38 seconds West a distance of171 50 feet Thence South 62 degrees 53 minutes 44 seconds West a distance of35 77 feet Thence North 1 degrees 5 minutes 52 seconds East a distance of 171 62 feet Thence North 35 degrees 27 minutes 12 seconds West a distance of306 61 feet Thence North 53 degrees 13 minutes 52 seconds East a distance of 42759 feet to point oftermination The property consist of approximately 116 600 sq ft or about 2 acres Currently a large portion ofMVEC s service area within Chanhassen and Eden Prairie is serviced by the Bluff Creek Substation or the Chaska Substation Bluff Creek is a joint facility with Xcel Energy and the City of Chaska Public Utilities with MVEC having a secondary ownership position Further expansion capabilities are extremely limited for MVEC within the facility and technical limitations also come into play The Chaska Sub is a facility owned by Chaska Public Utilities also offers limited space rented for MVEC s use The new proposed installation will provide considerably more system growth potential improve MVEC system reliability and also provide some backup capabilities to both the Bluff Creek and Chaska Substations under emergency conditions 11 A major benefit of this site is that existing Xce1 Energy 115KV transmission line crosses the property and eliminates the need to extend new transmission lines to the site MVEC is working jointly with Great River Energy GRE and Xce1 Energy to tap into this location The presence of existing MVEC distribution feeder lines also contributes to economical construction maintenance and lower costs to electric customers Additional underground distribution feeder lines will need to be installed to tie into other parts ofthe system The proposed location provides adequate system capacity for the foreseeable future and enhances system reliability for the area MVEC is pursuing a Conditional Use Permit CUP for a Public Utility Structure as an essential service permitted by Article IV Conditional Uses within standards set forth within Division 4 Section 20313 with some special considerationThefacility proposed would be a modem design low profile Distribution substation with a modular switching unit surrounded by a 10 foot pillar and walled concrete fence enclosure on three sides replacing the standard 8 foot high chain link fence and barbed wire enclosure that is typical for this type offacility The enclosure measures 160 X 185 The remaining code required fencing will be 8 feet high for safety and security and access gates will be locked at all times or under the direct supervision of authorized personnel MVEC proposes additional conifers and shrubs strategically placed on the perimeter of the property to break up and screen the site per the plan All new vegetation will be warranted for at least two years Naturally existing trees and dense vegetation exist along the east side of the property will remain to screen to the east side Exit corridors for both overhead and underground electrical feeders will be required to remain clear of tall screening to assure system reliability MVEC will install and maintain screening in the form of shrubbery to the extent that they will not interfere with the reliability of the substation operation The substation will be maintained in a neat and orderly fashion Storm water drainage will be controlled on site to meet or exceed the City and watershed requirements The fenced in area will be maintained as a gravel surface The driveway and parking area will be blacktopped Field inspection and available records indicate significant wetlands will not be disturbed MVEC is providing the new substation site plan as part of the application A purchase option with M A Gedney Inc provides property interest to MVEC MVEC is making application to the Watershed District to review the specific conditions of the Conditional Use Permit Signage will be limited to an identification sign on the fence of the substation and warning signs to the public as required by the current National Electrical Safety Code Within the fenced in area a minimal quantity of transformers may be stored to accommodate the prompt response to local outage situations I 7c Additional information The proposed substation will reduce the electric transmission line voltage from 115 KV down to 1247 KV for distribution to the local service area A Local Distribution Substation of this variety will contain transformation regulation metering and switching capabilities A modular self contained control unit will be incorporated within the fenced in area to monitor and regulate the functions ofthe facility Many functions are monitored remotely and access is most prevalent to respond to outage conditions or to maintain the grounds Most access is during daylight hours however 247 access is required Site visits typically are only for duration of a few minutes Once constructed trips generated per day will vary but typically would average only a few trips per week Vehicles accessing the facility typically are pickup type trucks or utility bucket truck type vehicles and not normally more than two at a time Short term parking will be provided which will accommodate parking for up to 4 utility vehicles in front of the fence Some units may occasionally pull trailers No water or sewer will be utilized as part of the operations ofthe electrical substation The substation design will comply with the State Building and Fire Code In addition the design will comply with the current National Electrical Safety Code MVEC s application includes provisions for variances and subdivision as noted This project enhances the electrical distribution system capabilities and reliability for the customers in the immediate area MVEC would intend to start construction as soon as possible with the facility placed in service in late spring of2006 Any questions can be directed to Minnesota Valley Electric Cooperative C O Ronald Jabs at 952 492 8244 or email rjabs@mvec net cz Chanhassen Substation Standards Sec 20 313 Electrical distribution and undemround electric distribution substations Electrical distribution and underground electric distribution substations are subject to the following conditions 1 The distribution and underground electric distribution substations must be served by a collector or major arterial street as designated in the comprehensive plan The site is served by Stoughton Avenue The current street provides access to the Gedney plant as well as other industrial facilities within the general area 2 The distribution and underground electric distribution substations will not have sanitary facilities and will not be used for habitation MVEC s on site operations short term require no habitation or extended presence and has no need for sewer 3 The distribution and underground electric distribution substations will be located on at least five acres ofproperty Actual area within the fenced premises is less than 3 4 acre An over all area of 25 acres generously provides setbacks parking and any landscaping Highest and best use ofthe property would not support the need for additional property for this facility which would remain underutilized 4 A security fence as specified in the National Electric Safety Code shall surround the distribution and underground electric distribution substations Normally an 8 foot chain link fence with two strands of barbed wire would be utilized for the entire enclosure MVEC proposes alO foot modular concrete wall type enclosure for the most visible areas as noted on the plans with the standard chain link fencing for the remainder as noted on the plan 5 A landscaping plan shall be submitted for city approval Due to the addition of walled screening landscaping is confmed to the parking areas the remainder of the chain link portions and strategically located alongwalledsections6Distributionandundergroundelectricdistributionsubstationsshallbeaminimum of500 feet from single family residences The facility is positioned approximately 400 feet away from the closest mobile homes however the existing Xcel switch station is located closer and across the street from the same homes and existing transmission lines cross above those homes These homes would experience no increased impact from the proposed substation facility 7 A summary of current research regarding the health effects ofEMF levels conducted by health and scientific professionals including those who do and do not receive utility sponsorship A study by The National Institute of Environmental Health Sciences The Environmental Protection Agency EPA and the US Department of Labor Occupational Safety and Health Administration has been provided along with references to various other web sites In summary EMF levels generated within Z6 the substation facility are projected to be reduced to near normal background levels at the fence perimeter 8 Provide EMF levels under maximum and average anticipated loading at the base of the utility poles underneath the wires between the poles at ground level above underground wires at the edge ofthe property line at the edge ofthe closest habitable building and at the point above ground where there would be the greatest EMF level See diagram provided 9 Reasonable and prudent measures to minimize EMF levels along all alternative electric line routes Per EMF Rapid study the EMF levels within a substation drop off dramatically as distance from equipment is increased At the substation fence EMF levels are indistinguishable from background levels MVEC has verified this to be true by taking our own measurements Distribution voltage lines both overhead and underground have very low EMF levels and also are indistinguishable from background levels at a short distance 10 Depictions of the views ofthe proposed facility ifabove ground from at least two directions selected by city staff Please reference plan views provided 11 The site is guided office industrial on the City ofChanhassen Land Use Plan The Gedney site is so designated per staff and the current zoning map Ownership List of Parcels within 500 feet Proposed MVEC Sub Station Site Chanhassen MN pm 301370090 and 250035300 and remaining part of 250030700 M A GEDNEY COMPANY P O Box 8 Chaska MN 55318 PID 300031800 NORTHERN STATES POWER CO Xcel Energy Attn Real Estate Dept 414 Nicollet Mall Minneapolis MN 55401 pm 300030200 and 300030700 ALLEN L BRAKEMEIR 450 Lake Virginia Trail Excelsior MN 55331 pm 300032700 ST JOHNS LUTHERN CHURCH Church Cemetery 300 4th Street E Chaska MN 55318 pm 250340110 GARY W DUNGLEY GARY L BROWN LLP 1910 Stoughton Avenue Chaska MN 55318 pm 301370100 CHASKA ECONOMIC DEVELOPMENT AUTHORITY 1 City Hall Plaza Chaska MN 55318 PID 300032100 and 300340500 FERRELLGAS LP Attn Real Estate Tax Dept 22 One Liberty Plaza Liberty MO 64068 pm 300341000 HARRI J RINTA MADELEINE J WEGNER 18025 Kelly Lake Road Carver MN 55315 pm 300341100 ALL STEEL PRODUCTS CO 1165 Highway 212 E P O Box 73 Chaska MN 55318 r I I I o cs o 00 c J 0 cJJ J elloC U gz C Ltn I l1li 4it I Ij Ii 1il i Iii J III t XIiil tIiJ qXX i t sf ill i C Cl Q rJ1 Q z bll Q Q J J ar i i 1 Ii r t 6 I i I lr il j Ji ll 1 ll l o i i lI J tl I l I g fj Il i l tIl bJJ rii S Q 0 Z j JZ tftIt1Jt v3I L c o rJ1 o o Q rJ1 o J 1 1 B l t 8 11 r t 1 t Jllf010lr T r lillii t7jtlrif ff h f lIl i T n lltffie ttfPHIJpI i dJ i l I t 1IlIf LJ ij l f Q 5 c rJJ 0 u 1 j IilI t1 j tT c 111 if o b tI II III III 1 dI i OJ lJ iI 1 0 0lL ei rJJ l I I G l l j I You cannot see a magnetic field but this illustration represents how the strength of the magnetic field can diminish just 1 2 feet 30 61 centimeters from the source This magnetic field is a 60 Hz power freq uency field lII I A Comparison of Electric and Magnetic Fields Electric Fie Ids Produced by voltage t Lamp plugged in but turnedoH Voltage produces lq electric field Measured in volts per meter VIm or in kilovolts per meter kV m Easily shielded weakened by conducting objects such as trees and pui Igings Strength decreases rapidly with increasing distance from the source Magnetic Fields Produced by current Lamp plugged in and turned un Current nO lj rJwduces a rl1agn tic field aho Measured in gauss G or testa T Not easily shielded weakened by most material Strength decreases rapidly INith increasing distance from the source An appliance that is plugged in and therefore connected to a source of electricity has an electric field even when the appliance is turned off To produce a magnetic field the appliance must be plugged in and turned on so that the current is flowing l 1 r F I r Ulllll oO l lUIUIUUI 6 0 lI b1 U jlltll IS 8 gJ f I r g 0 r ftmffif 1 t I I d 1 l t j i I I III 1 II l j ft t 1 1 I I J j 1 d I I I 1 1 3I 1 1 r L D l 1 l It 1 I I i I mrw il ijU 1 if t I I I t l t CITY OF CHANHASSEN AFFIDA VIT OF MAILING NOTICE STATE OF MINNESOTA ss COUNTY OF CARVER I Todd Gerhardt being first duly sworn on oath deposes that he is and was on December 22 2005 the duly qualified and acting Clerk of the City of Chanhassen Minnesota that on said date he caused to be mailed a copy of the attached notice of Public Hearing for MN Valley Electric Substation Planning Case No 05 30 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 9 LDt Todd Gerhardt City Clerk Subscribed and sworn to before me this dayofecervvbi Y 2005 ue Notary Pu IIc KIM T MEUWISSEN INotaryPublicMinnesotaMyCommissionExpiresJan312010 CC U D Ol I I I OlS1Ul Ul10 I EJE 0 CO SOl01 o I I I 10 J 0 o I ZI Ul Ul 10 s I 10 s o Ol I I I I OlO 1 Ul Ul10IEJE 0 cO SOl 0 1 IoI I 10 J a o I ZIUl Ul 10 s I 10 s o g C 0enE s Ul EI0UlJUUlaIt5Ul o Q Ul10 ffi Q EeaSQuI nQIOEeocoE00I1Et5o0015eo R a en S n 515Ii co enJ u 1CDQca2coOooICoE000 CJco 3 M B c 3 1 0 6 5 g0 OCOo o CO CQCOC E C 0enl tQasQ 0JlenC01000I J Q J 10IOaoen0 Qj E i 1 2 g B100 CJ 10 Ul o a o a Q Q g J c 0 C c o co68 oc C CO 0 o J Q 3 c 0 c 0 Q co J Ec c o ai O U5 E E Q o g g E Q c Ul2 5gtSen0 0gO Q CIl C E 3cQCco0ocoiijcoQQ0ocO o 0 0 5l c 0 u 0 Qj 2 0 0 Q J C Eu0CIl00uJCJc n o 0 CO 0 gUJ00QClcenC0QUco2UlJQ ea Q u 0 0 0CDQcoIaen0 coQ c Eo enencocl0QgJ2Ec Q OO o u u c enla J cenogQ o ooctlIc00J UJ COl 1 co co 0 1 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IDQ 80 s a c wOC rnW OU c mrnw3 en 0 rn c 0t 5 Q u g g m ID 0 f4 0 rn E 00 rn Ci3Q m m 0 0 rncg ccc Q g Q t 2 g a Q Q 0 CO ts IDE o c a a E g E rn g en u a 8 0 e g 0 2 rn m e E aroE ffi 0 c rnC oEOOJ OE 5 t ij2 ctJQ O Q 5 9t ctS cg ij ctS a ou ro 5EcECij J D Q o E e 02ij o sO rn c5 Q g g co EO g c E 2C t ij caQ Ea 5 J O EcaQ Et5ro o Emr2 ut Q c C 5 0 E o s ro s O o 5 Bo E 53 s 0 55 dc a E 1 I en c t i5 c eQ Q U EmO rn o Q E g S5 8 s8Qa3c5cuQQo50QCJ c E LO E c I Cl 5l E E e g 3 585Ci3Qc l m EQ 9 5 g 0 g g 5 g a Q t UO ctSEcJ E o 2Q Q ctSC C Q rnctoc rogfiOC0005n0QQeuCJJ0Q cO eoo gtEg oo 8ij Q o 25@ 5 ciffi g O U Q 8 Q o Ec Q o o cQ55EUBcnroQ0OQoo 0Eg Q Q 05 fi m E 0 C c 2 en J r u E B c Q ffi u 2 tEgigijQe8UcctS rn rr g Q g5 ne Q m Q e 5Q Q cE e a Q o 5 a E J g E 0 5 ctS 5 C oJ o ocQ o oO o OcQ E 5 Q cU ctJ c5 a E 5 c 5 e0 Q 5 g 2 U 0 co g 0 rn c o E Q Q E 22w 3 09 enIDt5 U 2 4 eg 0 5 a goJJQ g g 2 iro 9gaS S 8 2 rnnt Q Q coQ W oOt e g rnrnrneg @ i J O 5 5 g C Ci5 E 2 ro Q 8 95en0emcoeQ0rnu055ts1 Q U C oQ g Q 1 Q t 0 Co o Q 5 E Rm 8 t c gn o5C1ogtcEcgffiQQrooQ DNcuc roIDQ Q 8 c cQ o E 0 g oo 5 85 ij g 3 I Disclaimer This map isneither alegally recorded map nor asurvey and is not intended to be used as one This map is acompilation of records information and data located in various city county state and federal offices and other sources regarding the area shown and isto be used for reference purposes only The City does not warrant that the Geographic Information System GIS Data used to prepare this map are error free and the City does not represent that the GIS Data can be used for navigational tracking or any other purpose requiring exacting measurement of distance or direction orprecision in the depiction of geographic features If errorsordiscrepancies are found please contact 952 227 1107 The preceding disclaimer is provided pursuant to Minnesota Statutes 466 03 Subd 21 2000 and the user of this map acknowledges that the City shall not be liable for any damages and expressly waives all claims and agrees to defend indemnify and hold harmless the City from any and all claims brought by User its employees or agents orthird parties which arise out of the use s access or useof data provided I Disclaimer This map is neither alegally recorded map nor asurvey and is not intended to be used as one This map is acompilation of records information and data located in various city county state and federal offices and other sources regarding the area shown and isto be used for reference purposes only The City does not warrant that the Geographic Information System GIS Data used to prepare this map are error free and the City does not represent that the GIS Data can be used for navigational tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features If errorsordiscrepancies are found please contact 952 227 1107 The preceding disclaimer is provided pursuant to Minnesota Statutes 466 03 Subd 21 2000 and the user of this map acknowledges that the City shall not be liable for any damages and expreSSly waives all claims and agrees to defend indemnify and hold harmless the City from any and all claims brought by User its employees or agents orthird parties which arise out of the use s access or use of data provided Public Hearing Notification Area 500 feet Chanhassen Electric Substation Planning Case No 05 30 2100 Stoughton Avenue CityofChanhassen D Engler Blvd 0 0 IS0 o o f 1 o o 0 o 0 T o III T J III T en III en III en CD J ALL STEEL PRODUCTS CO 1165HWY212E PO BOX 73 CHASKA MN 55318 ALLEN L BRAKEMEIER 450 LAKE VIRGINIA TRL EXCELSIOR MN 55331 CHASKA GATEWAY LLC ATTN ALEX A YOUNG 350 ST PETER ST SUITE 200 ST PAUL MN 55102 FERRELLGAS LP ATTN TAX DEPT 22 ONE LIBERTY PLAZA LIBERTY MO 64068 HARRI J RINTA MADELEINE J WEGNER 18025 KELLY LAKE RD CARVER MN 55315 ST JOHNS EVANG LUTH CHURCH 300 4TH ST E CHASKA MN 55318 GARYW DUNGEY GARY L BROWN LLP 1900 STOUGHTON AVE CHASKA MN 55318 CHASKA ECONOMIC DEV AUTH ATTN DAVE POKORNY 1 CITY HALL PLAZA CHASKA MN 55318 NORTHERN STATES POWER CO C O PROPERTY TAX DEPT 414 NICOLLET MALL MINNEAPOLIS MN 55401 M A GEDNEY COMPANY PO BOX 8 CHASKA MN 55318 Environmental Assessment for the Proposed Chanhassen 115 kV Substation and 115 kV Transmission Line Tap Carver County Minnesota City of Chanhassen December 2005 Table of Contents 1 0 Introduction 1 1 1 1 Project Location 1 1 1 2 Project Description 1 1 1 3 Project Need 1 5 14 Project Cost Estimate 1 5 1 5 Sources of Information 1 6 2 0 Reg ulatory Framework 2 1 2 1 Permit Requirement 2 1 2 2 Environmental Assessment Requirement 2 1 2 3 Scoping of Environmentallmpacts 2 1 24 Conditional Use Permit 2 2 3 0 Assessment of Impacts and Mitigation 3 1 3 1 Description of Environmental Setting 3 1 3 2 Impacts on Human Settlement 3 1 3 2 1 Socioeconomics 3 1 3 2 2 Displacement 3 1 3 2 3 Noise 3 1 3 2 4 Aesthetics 3 2 3 2 5 Human Health and Safety 3 2 3 3 Impacts on Land based Economies 3 3 3 3 1 Recreation 3 3 3 3 2 Prime Farmland 3 3 3 3 3 Transportation 3 3 3 34 Mining and Forestry 3 4 3 3 5 Archaeological and Historic Resources 3 4 3 4 Natural Environment 3 4 3 4 1 Air Quality 3 4 34 2 Water Resources Wetlands Stormwater and Soils3 4 34 3 Vegetation and Wildlife Rare and Unique Natural Resources 3 6 4 0 Regulatory Permits and Approvals Required 4 1 5 0 Potential Future Areawide Infrastructure 5 1 5 1 Street Layout and Traffic Analysis 5 1 5 2 Sanitary Sewer and Watermain Service 5 4 5 3 Stormwater Management 5 6 6 0 Anticipated Staging of Various Developments 6 1 Figures Figure 1 1 Figure 1 2 Figure 1 3 Figure 3 1 Figure 3 2 Figure 5 1 Figure 5 2 Figure 5 3 Figure 5 4 Figure 5 5 Tables Table 4 1 Table 5 1 Table 5 2 Table 5 3 Appendices General Vicinity Map 1 2 Project Map 1 3 Substation Plot Plan 1 4 DNR Public Waters Map 3 5 DNR Sensitive Areas Map 3 7 Study Area 5 1 Street Layout A 5 3 Street Layout B 5 4 Study Area Potential Utilities 5 5 Study Area Potential Drainage Plan 5 7 Regulatory Permits and Approvals Required 4 1 Development Assumptions 5 2 Trip Generation 5 2 Potential Pond Characteristics 5 8 Appendix A Legal Notices Correspondence Meeting Minutes Appendix B Agency Correspondence ii List of Acronyms Used in this Document ACRONYMS ADT Average Daily Traffic BMPs Best Management Practices Commission Minnesota Public Utilities Commission DNR Minnesota Department of Natural Resources EA Environmental Assessment EMF Electromagnetic fields EQB Minnesota Environmental Quality Board GRE Great River Energy kV Kilovolt LMRWD Lower Minnesota River Watershed District MPCA Minnesota Pollution Control Agency MVEC Minnesota Valley Electric Cooperative NPDES National Pollutant Discharge Elimination System NRCS Natural Resources Conservation Service NURP Nationwide Urban Runoff Program RUS Rural Utilities Service SHPO State Historic Preservation Office SWPPP Stormwater Pollution Prevention Plan USACE United States Army Corps of Engineers USFWS United States Fish and Wildlife Service USGS United States Geological Survey Hi 1 0 Introduction Great River Energy GRE located in Elk River MN provides generation and transmission to 28 member cooperatives in Minnesota GRE and one of its cooperatives Minnesota Valley Electric Cooperative MVEC are planning to construct a new substation and high voltage transmission line tap in Chanhassen Carver County Minnesota Figure 1 1 1 1 Project Location The new substation and tap will be located on a 2 9 acre site east of Audubon Road and north of Stoughton Avenue in an industrial area adjacent to the MA Gedney Plant in Chanhassen Section 3 T115N R23W Chaska Township Carver County The site includes property previously owned by Xcel Energy The new single circuit 115 kV transmission line will tap an existing 115 kV transmission line owned by and operated by Xcel Energy just northeast of the proposed substation site Figure 1 2 1 2 Project Description The proposed project includes three primary components MVEC plans to construct a new 115 12 5 kilovolt kV substation to be named the Chanhassen Substation The substation site will be owned by MVEC and all distribution facilities will be constructed operated and maintained by MVEC GRE proposes to construct own and operate approximately 80 feet of 115 kV transmission line to energize the new substation Figure 1 2 The line will be a single circuit design and will tap an existing 115 kV transmission line that is owned and operated by Xcel Energy GRE will also own transmission switching facilities located in the substation The Xcel Energy East Chaska Switching Station will be removed Each of these components is discussed in more detail below Substation Electric facilities in the substation will include a 115 12 5 kV distribution transformer Figure 1 3 Some equipment within the substation is filled with mineral oil for cooling This equipment will be sitting on concrete pads with three inches of crushed rock covering the entire fenced in area in the event of an equipment leak Substation sites are inspected on a monthly basis to check for leaks 1 1 Figure 1 1 General Vicinity Map PROJECT VICINITY MAP 25 I La e Rebocca P k eSfllve I I I IFigure 1 11 Anxa Co n1y B f i I al rIl f1 1 J t aconia Norooo VOSJlg Anuric J Mmesolif kJUe RetJge J F I J 1 r J I II Air1ake I 2r 93 j f 7 Jill I I I N A No1P 5 1 2 Figure 1 2 Project Map PROJECT MAP IFigUre 1 21 1 12 County I c GRE CoollU atiw Distribution Sub Non GRE Ovnud Transmisssion Lino 6J kV and Bolow 115 161 kV 230 kV J45 kV lnd Allovo Sec 14 I mfb A 005 2 h at I 1 3 Figure 1 3 Substation Plot Plan r aREIICOImD 1 HIliIlg J llISTRlllUllOll SWIrcHc BUILClIG CO 200 x 155 a PRELIMINARY 1 4 It f MUllatIII Lr Ii fIT 1LLLLLlIIIt r J JIEARTL1 VD ENGI J RIj L SFln o lto4 f lilw IJj FIGURE 13 SUBSTATlOI1 PLOT PLArt CHAHHASSErt 5U65TA11orl MIWlE50TA VALLEY ELECmlC COOPEfiATIlE JOfiOAtt Mrt 101 RM oc20505 lolll Plot PI n d The substation equipment will be enclosed in a 155 by 200 area situated inside the 2 9 acre parcel A decorative wall stone patterned concrete wall made up of panels and pillars will be placed on three sides north west and south and a chain link fence will be placed on the east side Additionally the site will be surrounded with 58 trees and shrubs as well as various small plantings The wall and fence will be designed to deter animals and to provide safety and security Transmission Facilities The transmission line serving the Chanhassen Substation will be a single circuit design A single span of wires will run down the transmission corridor and terminate on two deadend A Frame structures The line will then drop down through switches on to steel buswork The two A Frame structures will be 65 75 feet tall to match the height of the existing transmission circuit in the vicinity Each structure will carry three wires and a separate shield wire for lightning protection There will be self supporting tapered tubular steel poles and guyed wood structures to route the transmission conductors in and around the substation Switchinq Station Removal The older existing lattice Xcel Energy East Chaska switching station located immediately adjacent to Stoughton Avenue will be removed as part of the project The old site will be converted to green space and provide driveway access to the new facility located further north All transmission wiring will be reconfigured to route in and around the new Chanhassen Substation 1 3 Project Need This project is needed due to rapid growth in the MVEC service territory and associated increases in electrical load growth The project will improve MVEC system reliability and provide some backup capabilities to the Bluff Creek and Chaska Tap substations under emergency conditions The new substation will also help eliminate the present capacity limitations of these substations 14 Project Cost Estimate The estimated cost for the MVEC s distribution substation facilities is 1 6 million including site acquisition site preparation equipment construction and demolition of the Xcel Energy switching station The estimated costs for GRE s transmission and substation facilities are 250 000 and 500 000 respectively Total project cost is estimated to be 2 350 000 1 5 1 5 Sources of Information Much of the information contained in this document was provided by the applicants or the applicant s representatives Heartland Engineering Services and Bolton Menk Inc in the form of the Application for Conditional Land Use Permit for the Chanhassen Substation and subsequent correspondence Additional sources of information are listed below 2020 Chanhassen Comprehensive Plan City of Chanhassen Zoning Ordinance City of Chaska 2020 Comprehensive Plan City of Chaska Zoning Ordinance Minnesota Department of Transportation 2003 Traffic Volumes 1 6 2 0 Regulatory Framework 2 1 Permit Requirement This project falls under the State of Minnesota s Power Plant Siting Act Minnesota Statutes 9 116C 51 69 and Minnesota Rules Chapter 4400 for transmission projects over 100 kV and requires a permit from the Minnesota Public Utilities Commission Commission However for eligible projects a utility may apply to the local unit of government that has jurisdiction over the project for approval instead of applying to the Commission Minn Rules pt 4400 5000 This proposed 115 kV substation project is eligible for local review The City of Chanhassen has agreed to act as the lead local unit of government with jurisdiction to approve the project The City of Chanhassen was afforded the opportunity to relinquish its jurisdiction by requesting that the Commission assume jurisdiction but has elected to maintain jurisdiction of the project As required by Minn Rules pt 4400 5000 Subp 3 a project notice was sent to those persons on the Power Plant Siting General Notification list see Appendix A 2 2 Environmental Assessment Requirement In accordance with Minn Rules pt 4400 5000 Subp 5 an environmental assessment EA prepared by the local unit of government with jurisdiction over the project must be completed The EA contains information on the human and environmental impacts of the proposed project and addresses methods to mitigate such impacts When the EA is complete the City of Chanhassen must publish a notice in the Environmental Quality Board EQB Monitor that the EA is available for review how a copy of the document may be reviewed that the public may comment on the document and the procedure for submitting comments to the City A final decision on the project cannot be made until at least ten days after the notice appears in the EQB Monitor 2 3 Scoping of Environmental Impacts The rules require that the public be afforded the opportunity to participate in developing the scope of the EA before it is prepared The City of Chanhassen held a meeting on November 15 2005 to obtain input from the public on the scope of the EA A notice of the meeting was published in the Chanhassen Villager and a copy of the notice was direct mailed to interested parties and residents near the proposed project see Appendix A One member of the public attended the meeting a member of the Cemetery Board but did not offer comment on the project 2 1 24 Conditional Use Permit The City of Chanhassen requires a Conditional Use Permit for this project MVEC submitted a Conditional Use Permit Application to the City of Chanhassen on September 2 2005 The City of Chanhassen will hold a public hearing on January 3 2006 regarding MVEC and GRE s request for a Conditional Use Permit The City of Chanhassen will make a decision on the application after notice of the EA has been published in the EQB Monitor and the comment period requirements have been met 2 2 3 0 Assessment of Impacts and Mitigation This is a small project located in an industrial area and impacts to the environment are expected to be minimal and short term therefore little mitigation will be required MVEC and GRE will minimize negative environmental impacts during construction of the project Correspondence relative to environmental conditions at the proposed site and responses received from state and federal agencies that reviewed the project are provided in Appendix B 3 1 Description of Environmental Setting The proposed substation project is located in an area zoned Office Industrial The parcel purchased for the substation is currently undeveloped and land use in adjacent parcels is as follows West side of the property MA Gedney Plant North side of the property undeveloped East side of the property cemetery South side of the property Stoughton Avenue 3 2 Impacts on Human Settlement 3 2 1 Socioeconomics The local economy is based primarily on office industrial businesses which employ over 8 000 people Approximately 5 10 workers will be required for construction of the new substation and tap line During construction there would be a small impact on the local community due to revenue created from expenditures of the construction crew local community services hotels restaurants construction materials No permanent jobs will be created by this project 3 2 2 Displacement The new substation and transmission line tap will not cause the displacement of any residence and will not affect any public services The substation will be set back approximately 200 feet north of Stoughton Avenue The only residences in the area are south of Stoughton Avenue and are at a much lower elevation and therefore will not be affected by the project 3 2 3 Noise The proposed substation will be designed and constructed to comply with State of Minnesota noise standards It has been determined that there will be negligible noise at 3 1 the property boundaries The substation transformer will be designed in accordance with ANSI standards 3 24 Aesthetics The substation and transmission line as designed will have little impact on aesthetics of the area This is an industrial area with many transmission lines therefore the new substation will not significantly alter the existing character of the area The site currently consists of grasses and minimal tree cover many of which are dead or dying The aesthetics will actually be improved along Stoughton Avenue when the existing Xcel Energy East Chaska switching station is removed as part of this project The new substation facility will be set back from the road and will not be within the viewshed of residences along Stoughton Avenue as those residences are at a much lower elevation south of the road The substation equipment area will be enclosed with a decorative wall on three sides north west and south and a chain link fence on the east side Additionally the site will be surrounded with 58 trees and shrubs as well as various small plantings 3 2 5 Human Health and Safety No threats to public health and safety are anticipated for this project All facilities will be constructed in accordance with all applicable standards including standards of the Rural Utilities Service RUS the National Electric Safety Code and other industry standards Construction personnel will be required to follow Occupational Safety and Health Administration regulations Other safety measures such as warning signs fencing and gates will be utilized as needed Electric and Maqnetic Fields Questions often arise about electric and magnetic fields EMF which are invisible lines of force that surround any electrical device The term EMF refers to electric and magnetic fields that are coupled together such as in high frequency radiating fields For lower frequencies such as for power lines EMF should be separated into electric fields and magnetic fields Transmission lines operate at a frequency of 60 hertz cycles per second which is in the non ionizing portion of the electromagnetic frequency spectrum Fields are considered ionizing when they cause electrons to eject from their orbits around a normal atom This will typically occur with frequencies in the range of 1016 to 1022 hertz Magnetic fields result from the flow of electricity current in the transmission line The intensity of the magnetic field is related to the current flow through the conductors The magnetic field associated with the transmission line surrounds the conductor and rapidly decreases with the distance from the conductor The value of the magnetic field density is expressed in the unit of gauss or milligauss 3 2 The most recent and exhaustive studies of the health effects from power frequency fields conclude that the evidence of health risk is weak Some of these studies are listed below National Institute of Environmental Health Sciences 2002 EMF Electric and Magnetic Fields Associated with the Use of Electric Power National Institutes of Health National Research Council 1997 Possible Health Effects of Exposure to Residential Electric and Magnetic Fields Minnesota Department of Health 2002 EMF White Paper on Electric and Magnetic Field EMF Policy and Mitigation Options Electric and Magnetic Fields EMF Environmental Health in Minnesota http www health state mn us divs eh radiation emf For this project the overall EMF impact will not change at the property lines With the retirement of the Xcel Energy East Chaska Switching Station the overall EMF readings on the property are anticipated to decrease closer to the road In the area of the new substation the EMF will increase slightly with new transformer and distribution facilities 3 3 Impacts on Land based Economies 3 3 1 Recreation The proposed project is not near any recreational areas and will not affect recreational opportunities 3 3 2 Prime Farmland The Natural Resources Conservation Service NRCS was contacted regarding soil resources in the vicinity of the project In a letter dated May 4 2005 the NRCS indicated that the proposed construction will not affect any prime farmland soils or land of statewide importance 3 3 3 Transportation The site will have a paved entrance located in the area of the gravel entrance currently serving the existing Xcel Energy switching station This entrance will provide access from Stoughton Avenue an existing city street No offsite roadway improvements will be needed for equipment delivery The proposed project is approximately six miles from the nearest airport Flying Cloud Airport The United States Geological Survey USGS elevation at the project site is 760 feet while the airport elevation is 900 feet or nearly 140 feet higher The project will therefore not be a hazard to aviation 3 3 3 34 Mining and Forestry There are no mining or forestry areas in the vicinity of the project 3 3 5 Archaeological and Historic Resources The Minnesota Historical Society State Historic Preservation Office SHPO was contacted about the presence of archaeological historical or architectural resources located on or near the site In a letter dated May 13 2005 SHPO indicated that no historic properties eligible for or listed on the National Register of Historic Places will be affected by this project 34 Natural Environment 34 1 Air Quality Because electric substations and transmission lines do not affect air quality there will be no long term environmental impacts on the air Temporary air quality impacts would be expected to occur during the construction phase of the project However adverse impacts to the surrounding environment will be minimal because of the short and intermittent nature of the emission and dust producing construction phase 34 2 Water Resources Wetlands Stormwater and Soils No impacts to water resources are anticipated The substation site does not contain any existing wetlands or have any impact on groundwater or other surface waters The US Army Corps of Engineers USACE was contacted regarding this project and in an e mail response dated August 25 2005 the USACE indicated no permit or other approvals were required There are no Minnesota Department of Natural Resources DNR Public Waters in the vicinity of the project Figure 3 1 The stormwater runoff drainage patterns from the proposed site will mimic the existing conditions of the land The majority of the site will drain to an infiltration area which will retain the volume of runoff produced from a 6 rainfall event The site overflows to the southwest and ultimately to the Minnesota River The proposed site will require some grading Minimal erosion may occur at the site during construction but erosion and sediment will be controlled on site with all 3 4 TI 9 11 WI W JI a 0 a rt Il c 0 Figure 3 1 DNR PWI Map l I I 35 v 23 w 3 5 appropriate best management practices BMPs in place for the duration of the construction activity The site meets the design standards of local state and federal agencies and an NPDES permit application will be submitted to the Minnesota Pollution Control Agency prior to construction initiation A Phase II Environmental Site Assessment conducted by Braun Intertec reported no conditions at the site that would require special environmental regulatory actions 34 3 Vegetation and Wildlife Rare and Unique Natural Resources The DNR and the United States Department of the Interior Fish and Wildlife Service USFWS were contacted regarding vegetation and wildlife resources in the vicinity of the project In a letter of April 25 2005 the DNR indicated that there are a number of rare species or natural communities in the general project area However based on the nature and location of the proposed project it will not affect any known occurrences of rare features Figure 3 2 The USFWS e mail of April 13 2005 indicated that the bald eagle is documented to nest in Carver County However given the location not within areas with known nesting bald eagles and type of activity proposed it is not likely to adversely affect any federally listed species Effects on area wildlife will be minimal The substation is designed to deter animal entry 3 6 Figure 3 2 DNR Sensitive Areas Map 3 7 Figure 3 2 Sensitive Areas Shakopee 1 24 000 U S G S Quadrangle DNR Code S 15d Includes portions of Carver Scott and Hennepin Counties t r fT C ter of Stn lrw a Cwrler of SetlMlt P1I C r 04 snM NwMINu Center ot 9n1katlt 1 PIa1I ClfrlllliUOlNMS ua P rw IL t Major Rod1 oCount VllMrRllltda cJ Townstlp ltnes RMOldS sction Ni o Oudr bOII 0I9 1lI n 4 h 14 UR N53 IlIJllcl J lfIfTllQ IfoUS 1HJQIl tAl JIII ronc at l l lUut rtO nc llow t t c IU eoI MipGR d rI2 1lllr HlUPlant CornmunUeI orwy o 0e1l9 1r9 An ignlkaFtIf1dPI1IIr RIiMot WAtas 3 8 4 0 Regulatory Permits and Approvals Required Permit requirements or approvals anticipated for this project and the status of each are shown below in Table 4 1 Table 4 1 Regulatory Permits and Approvals Required Government Unit Type of Approval Regulated Activity Status USDA Rural Utilities Environmental Review Construction of 115 kV transmission Environmental Service RUS line and 115 12 5 kV substation Review for substation sent to RUS on 9 8 05 approval in process US Dept of Interior Threatened and Review of records for federally No federally listed Fish and Wildlife Endangered Species threatened or endangered species species will be Service Review that may exist at or near the affected by the substation site or transmission project e mail dated facilities 4 13 05 US Dept of the Army Wetland and Review navigable water and the Proposed work does Corps of Engineers Waterways Review dredging or filling of US waters not require permit or including wetlands other Corps of Engineers approval e mail of 8 25 05 MN Dept of Natural Environmental Review Comprehensive review of substation The project will not Resources DNR Wetlands Water site impacts affect rare features Threatened and letter of 4 25 05 Endanqered Species USDA Natural Environmental Review Prime farmlands and land of The construction will Resources Soil Resources statewide importance not affect prime Conservation Service farmlands or land of statewide importance letter of 5 4 05 MN Historical Society SHPO Review of Historic preservation No historic properties State Historic Nationally Registered will be affected by the Preservation Office Historic Places project letter of SHPO 5 13 05 City of Chanhassen Conditional Use Construction of new facilities Application in Perm it process City of Chaska Driveway Access Application will be Perm it made once project is approved Minnesota Pollution National Pollutant Stormwater Pollution Prevention Application will be Control Agency Discharge Elimination Plan SWPPP and stormwater made once project is MPCA System NPDES permit required for disturbance of approved Perm it one acre or more 4 1 5 0 Potential Future Areawide Infrastructure The study area described below lies within both the City of Chaska and the City of Chanhassen As shown in Figure 5 1 Areas 1 and 2 are in Chanhassen and Areas 3 and 4 are in Chaska The proposed substation site lies within the easternmost part of Area 2 with the proposed access drive through the southwesterly corner of Area 4 Based on both cities Land Use Guide Plans and Zoning Maps the entire area was analyzed to determine the feasibility of future development in this area and how public services could be provided to enable future development to take place An analysis of the traffic impacts and public utilities that would be needed for a feasible future development scenario using all of the potentially developable land in this area is included below 5 1 Street Layout and Traffic Analysis The area is bordered by US Highway 212 on the north and east by Stoughton Avenue on the south and by Audubon Road on the west A strip of land that is abandoned railroad right of way bisects the area The Hennepin County Regional Railroad Authority owns the eastern end of this strip of land and it is currently not developed with a trail A regional recreational trail east of US Highway 212 is constructed and operated by Three Rivers Park District The Chaska Economic Development Authority and MA Gedney Company own the balance of the abandoned right of way Table 5 1 identifies the current zoning classifications and general land use development assumptions for developing trip generation and general distribution assumptions Figure 5 1 illustrates Areas 1 4 described in the table 5 1 Table 5 1 Development Assumptions Impervious Surface Zoning Acres Maximum Estimated Estimated Land Use Type s Area City Symbol Chanhassen Building Floor Space Sq Ft Per UseDistrictTotalFloorAreaRatioHeightsqft Chaska 60 Auto Vehicle Sales 1 Chanhassen Fringe BF 18 3 40 1 story 80 000 40 ColdBusiness Storage Warehousinq Industrial 25 Office 2 Chanhassen Office lOP 23 1 70 2 story 175 000 75 Industrial Park Warehousing 50 Office 3 Chaska Industrial I 18 2 0 5 2 story 200 000 50 Industrial Warehousing 7 8 04 NA 0 Cemetery Medium None proposed 4 Chaska Density R2 to provide accessResidence0504NA0tosubstation property In a Planned Industrial Development District there is the opportunity for a maximum floor area ratio of up to 2 0 for a single lot provided he entire District does not exceed 75 Lot coveraqe bv buildinqs shall be no more than 40 of the lot Table 5 2 shows 6 754 trips will be generated by the assumed land uses Based on existing travel patterns it has been assumed that 19 2 of the trips will go to or from Audubon Road 16 5 to from Engler Boulevard 314 to from the west on Highway 212 29 6 to from the east on Highway 212 and 3 3 to from the west on Stoughton Avenue Table 5 2 Trip Generation ITE Trip Generation Estimated Rate Per 1 000 Total TripsAreaFloorSpaceSqFtofFloorCode sq ft Space Generated 1 841 Auto Vehicle Sales 48 000 33 34 1 601 1 150 Warehouse 32 000 4 96 469 2 710 General Office 43 750 11 01 706 2 130 Industrial Park 131 250 6 96 1 399 3 710 General Office 100 000 11 01 1 335 3 130 Industrial Park 100 000 6 96 1 244 5 2 Based on the 2003 annual average daily traffic ADT volumes and land use assumptions outlined above traffic volumes were developed for two different internal street layout alternatives The internal street layout options and corresponding ADT are illustrated in Figures 5 2 and 5 3 5 3 With either of these street layouts along with the existing road network the additional traffic demand could be accommodated and it is anticipated that vehicle related air emissions would remain at acceptable MPCA levels 5 2 Sanitary Sewer and Watermain Service The majority of the area studied does not currently have utility services nearby The exception is the Gedney factory in the southwestern most portion of Chanhassen which has sanitary sewer and water service provided by the City of Chaska The City of Chanhassen s comprehensive plan indicates that a gravity sewer extending from a future lift station located between Bluff Creek Drive and Highway 101 approximately 5 500 feet to the northeast would service the sanitary needs of the Chanhassen portion of the study area This sewer and the extended sewer needed to serve the remainder of the study area are shown in Figure 5 4 The 59 6 acres of future office industrial land use not including the cemetery area yield a projected daily peak flow rate of 125 gallons per minute This indicates that an 8 gravity sanitary line at minimum grade can adequately service the Chanhassen portion of the study area as well as the land in Chaska if desired 5 4 Figure 5 4 Study Area Potential Drainage Plan ENCLER ROAD I I I I I 41lfI 01 4 r l IC i Sl STUDY 9OONOAAY f F r t ow WlOiD OIWN SNrNlr 1lMlI flMl SHTNrI COUP PlM 1 r COWO IUH St 1 lDlIlN alW PAH MINNESOTA VALLEY ELECTRIC COOPERATIVE CHANHASSEN SUBSTATION STUDY AREA POTENTIAL UnUTIES OECE 8ER 2005 FIGURE NO 5 4IBOLTONMENKINC Consulting ngln at Su yors MANKATO r NT uat SlfEY EtE MlUlAR WN ufo 0t0SIA Md3 H rc t 2P31 1 CO fo lUES 4 2 01 2005 Y56 P 5 5 The Chanhassen portion of the study area is within the Lower Bluff Pressure Zone as identified in the water distribution figure of the City of Chanhassen s comprehensive plan This figure shows a future 12 watermain extending west from Bluff Creek Drive which has been reproduced in Figure 5 4 This main or perhaps a smaller size pipe depending on the fireflow requirements of the City could be extended further west to serve the remainder of the study area including the Gedney property This scenario would provide an undesirable dead end in the water system unless the piping was looped back to the main which may prove too costly to be feasible Another and perhaps more economical option is for the City of Chanhassen to enter into an agreement with the City of Chaska to provide water service to the area in question The portion of the study area within the City of Chaska was considered for water service during the recent development process of adjacent land to the west That development Chaska Gateway installed a 12 watermain which would provide adequate flows to the current study area 5 3 Stormwater Management The study area is within the Lower Minnesota River Watershed District LMRWD which requires that runoff discharge rates after development are equal to or less than the existing flow rates leaving the site The LMRWD does not have its own permitting process but instead relies on the local governmental units to monitor the development activity for compliance It is assumed that the future development of the study area will manage and treat stormwater runoff through the construction of retention or wet sedimentation basins to the design standards of the nationwide urban runoff program NURP For the purposes of this study a regional approach to stormwater management has been assumed That is an attempt has been made to minimize the amount of ponding through consolidation and strategic placement of the basins These basins would provide permanent treatment of the runoff and would be maintained as per the City s comprehensive stormwater management plan As shown in Figure 5 5 three potential ponding locations have been identified from the ten foot contours of the USGS quadrangle maps Pond 1 is proposed to treat runoff from the western portion of the Chanhassen area prior to discharging to the west Ponds 2 and 3 would discharge to the east after treating water from the eastern Chanhassen property and Chaska property respectively These basins have been roughly sized for potential future land uses to provide the NURP recommended dead pool storage volumes as shown in Table 5 3 5 6 Figure 5 5 Study Area Potential Drainage Plan ENGLER ROAD 1 1 o 4 I I IIlO 0 100 rwl 1CNt lUT lEIlfljQ DIWot RrnNTlON FU1URQ 0Ilx BQXWf nrnooQ STUDY BOUNDAAY BOLTON MENK INC Conlultlng Engln ra 4 SU Y2 NKAfO FJRMONT WIN su tPY M lE WN WN lA MINNESOTA VALLEY ELECTRIC COOPERATIVE CHANHASSEN SUBSTATION STUDY AREA POTENTIAl DRAINAGE PLAN DECEMBER 2005 FIGURE NO 5 5 H U c97 73fJ OO EAO II JjjJS D lOCO ft 5 7 Table 5 3 Potential Pond Characteristics NURP Pond Volume1 Surface2 1 0 Area Cac Future eN Cac ft Area Cac Pond 1 21 9 80 6 1 68 0 37 Pond 2 27 8 734 1 34 0 29 Pond 3 18 2 85 7 1 85 0 39 Assumes 70 max impervious area in Chanhassen cemetery remains 2 Normal Water Level Area The study area contains approximately 67 9 acres of Hydrologic Soil Group Type A soils primarily consisting of Hubbard and Alluvial soils These soils are very well drained and provide for some of the highest infiltration rates in Carver County Because of this it is recommended that future development planning consider infiltration techniques in addition to or in lieu of the wet sedimentation basins described above These measures could include infiltration swales and basins rock trenches as well as vegetated swales and rain gardens The design of these techniques is dependent upon an in depth site analysis and would occur as part of a detailed development process The 2 5 acre site being considered for the MVEC substation will control runoff rates and minimize runoff volume through the construction of an infiltration basin This basin will infiltrate 15 700 cubic feet of runoff prior to overflowing to the southwest All construction activity will utilize the appropriate BMPs to minimize erosion and sediment transport during construction If more than one acre of land is disturbed a SWPPP will be developed and the associated NPDES permit obtained 5 8 6 0 Anticipated Staging of Various Developments MVEC is anticipating the construction of the new Chanhassen Substation along with GRE s high voltage transmission line tap in time to meet the peak power demand of early summer 2006 The other possible development scenarios analyzed in Section 5 0 will not likely occur until well into the future The Business Fringe zoning district designation for Area 1 is intended to accommodate limited commercial uses temporary in nature without urban services while maintaining the integrity minimizing impact and protecting the natural environment Because there is no schedule for providing urban services to this area from those existing in Chanhassen any potential development would need to provide their own private on site systems This would likely be cost prohibitive at least into the foreseeable future Area 2 which includes the existing Gedney factory would be very expensive to redevelop and this also is not likely in the foreseeable future There may be a possibility for new development of the northerly 6 2 acres of the separate parcel of Gedney owned property however the City of Chaska may not have sewer capacity for any additional development that is not within their city Area 3 is in the City of Chaska and water service would be available from the Chaska Gateway development on the north side of US Highway 212 however sewer service availability is questionable This area could be sewered through the City of Chanhassen as indicated in Section 5 2 but this would not likely occur for many years If sewer capacity is available through Chaska s existing system there would be considerable expense involved with the necessary extension under US Highway 212 and possibly the need for a lift station Therefore future development of Area 3 does not appear to be a very near term possibility Area 4 is an existing cemetery in the City of Chaska except for the small parcel in the southwest corner that is owned by Xcel Energy No change in use is expected although access to the proposed substation site would be through the Xcel Energy parcel Any future development that would occur would involve modification of the ground topography to accommodate new roads drives buildings utilities and stormwater management facilities Due to the relatively flat terrain no significant amount of earth moving is anticipated 6 1 APPENDIX A LEGAL NOTICES CORRESPONDENCE CITY QIo CIIANIIASSEN CARVER HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING 1 AN1lNG CASE NO 05 30 NffilCE IS IIEREny GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday November IS 2005 at 7 00 p rn in the Council Chambers in Chanhasscn City Hall 7700 Market Blvd The purpose of litis hearing is 10 determine Ihe scope of an Enlronmmtal AS5elmlent requesl for a Conditional Use Permit with Variunc es and a Site Plan Re lew application to construct a local electric dlstnhution substation on property zoned Industrial Office Park located east of the Gedney Pickle plant north of Stoughton A venue and south of Flying Cloud Drive Applic3ll1 Minnesota Valley Electric A plan showing the location of Ihe proposal is available for public review at City Hall during regular business hours All interested perons are invittA1to attend this public hearing and eltptcss their opinions with respect to Ihis proposal Shalmccn AI Jill Senior Planner Email iafr@ci chanhassen mn us Phone 952 227 1134 Publish in Ihe Chanhassen Villager on November 3 205 rt L lJ CRFAT IER 14 ERe Y 11 0 1 l F t 1 I 11 1 r 7C 2 1 September 14 2005 WO 118241 Dr BL rl W Haar Execu ive Secret3ry 1 1nna50t3 Public Utilities Ccmmission 121 i PI3ce ELlst Suite 350 Sl P3ul r N 55101 SUBJECT Chanhassen Substation and115 kV Transmission Line Project Delr Dr H3ar In 3ccord3i1Ce with the Power Plont Siting Act this letter serves 3S the required notice to the r iinnasota PubLe Utilitios Commission Commission Ihal Minnesota V31ey Electric Cooperative r WEC has elected to seek local approvLlI for the construction of l new 115 kV subs ation in Ch3nh3ssen rtnnesota Tha rroposed substatio1 would be locoted within the city limits of Chanhassen in Carver County r VEC will own the substation and GRE will own the one sp m tap into tt18 substJtion The new focility will meet the growing e1ectric2 1 demand clOd improve the service cJnd rclibi ity of electric facilities in the mea A foel sheet thot provides more detl on the project is enclosed Gre3t River Energy wholes3le power supplier to MVEC wiil ossist r 1VEC and the City of Ctl2 nhCJssen with the permitting process MVEC submitted l Conditional Use Permit application to the City of Chanhssen on September 2 2005 The City of Cl1anhassen has been informed that thy twve 60 days to refer tho permitting process to tho Comm ssion Ouestions mgarding this project should hp riircrlr d to Dennis IVolf r 1VEC VP Special Projects ot 952 492 8260 Sharmccn AI Jaff Senior Pldnncr at the City of Chanhassen at 952 227 1100 or me ot 763 2 1 2367 Thank you for your attention to this mZltter Sincerely GREAT RIV C Enclosure CC Gener31 List of Interested Persons wenc1 Denny Wo r MVEC w enel DeboriJh Pi e DepClrlment of Commerce wlencl cp 1 IIC s Chl C n Ch3 fl JU u l commltr d D rcCI Did 763 241 2367 E Jil cpoorkcr grcncrgy com fAX 763 241 6167 Of C f f I I l T Jl L ELl CIlTti t e 85 7th Place East Suite 500 St Paul Minnesota 55101 2198 651296 4026 FAX 651 297 1959 TTY 651 297 3067 September 20 2005 Craig Poorker GrClt River Energy 17845 1St Hwy 10 PO Box 800 Elk River MN 55330 0800 Ron Jabs Minnesota Valley Electric Cooperative 125 Minnesota Valley Electric Drive Jordan MN 55352 Sharrneen AI Jaff Senior Planner City of Chanhassen 7700 Market Boulevard Chanhassen MN 55317 RE Chanhasscn Substation and liS kV Transmission line Project Dear Sirs This letter confinns that the Public Utilities Commission PUCI has received notification that Grcat River Energy GRE and Minnesota Valley Electric Cooperative MVEC propose to seek local review to build a new 115 kV Substation and a one span section of 115 kV HVTL tapping into an existing GRE 115 kV line The project would be constructed in the City ofOlanhasscn in Carver County This project falls under the Power Plant Siting Act Minnesota Statutes 116C51 69 and Minnesota Rules Chapter 4400 which requires a penn it from the PUC for most transmission line projects over 100 kV However for eligible projects a utility may apply to those local units of government that have jurisdiction over the route for approval to build the project instead of applying to the PUC The proposed 115 kV substation and transmission project is eligible for local review Minnesota Statutes 9 116C 576 and Minnesota Rules 4400 5000 subps 2 C D GRE and MVEC have indicated that the City ofChanhassen is the only local unit of government with jurisdiction in permitting the proje t and that a Omditional Use Pennit application wa submitted to the City on September 2 2005 A local unit of government may relinquish its jurisdiction by requesting the pue to assume jurisdiction within 60 days of the filing of an application with the local unit of government Minnesota Rules 4400 5000 subp 4 I On July 1 2005 Minnesota Senate File t368 transferred generation plant siting and lransmissiollline routing authority from the Minnesota Emironmental Quality Board to the Public Utilities Commission EQB routing and siting staff was transferred to the Department of Commerce and continue to m31U1gc the application process Market Assurance 1 800 657 3602 Energy Information 1 800 657 3710 www commerce 5tate mn us licensing 1 800 657 3978 UnclaImed Property 1 800 925 5668 An Equal OpportunIty Employer Craig PoorkerlShannecn AI JaffRon Jabs September 20 2005 Page 2 An environmental assessment must be prepared by the local unit ofgovernment withjurisdiction over the project acknowledge that the City ofChanhassen is the Responsible Government Unit for the Chanhassen Substation and 115 kV Transmission line Project Specific requirements with regard to the environmental review process include providing an opportunity for the public to participate in the development of the scope oftlle environmental assessment before it is prepared publishing notice in the EQB Monitor of when the assessment is available for review and ufthe procedure for commenting on the assessment and withholding a final decision on the project until at least ten days after the notice appears in the EQll Monitor The City of Chanhassen also must provide a copy of the environmental assessment to the PUC when it is completed Minnesota Rules 44005000 subp 5 GRE and MVEC have sent the required notice to those persons on the PUC facilities permitting general notification list that a permit has been applied for from the local unit of government Milmesota Rules 4400 5000 subp 3 If there areany other questions please feel free to contact me by phone or email s DAVID BIRKHOLZ Energy Facilities Permitting Department of Commerce 85 ih Place Ea l Suite 500 Saint Paul MN 55101 2198 P 651296 2878 F 651 297 7891 david birkholz@Statc mn us APPENDIX B AGENCY CORRESPONDENCE UAitllld Sbtn DlIIparttrWtnt of AJricultu NRCS Na t ra Resorces CorsorvaLcn SihS 6120 EuQ Orlrtm Orivo Rm G50 Hro I n Center MN 554 104 70 Cars Phone 7CJ G 241 FAX 763 e 341Xl 1 lltlrtri r CJNm ic Si t 19J1 ro fay 4 2005 Heather Nelson Heartland Engineering Services PO Box 330 Rockford rrn 55373 Rc Enironment l Rcview of the proposed Chmh ssen Substation Minnesota Valley Electric Coopemtivc Jordan Minnesota HES Project No 240118 Dear Ml Nelson This letter is in regards to your request for N ReS to rcview the project referenced above It is the responsibility oftlle USDA Natural Resources Conservation Service to monitor the effects of Federal programs or money on thc conversion of fannland to nonagricultural uscs through the Farmland Protection Policy Act Public Law 97 98 Dec 22 1981 NRCS has completed an analysis of the ite Enclosed is a mOlp with the soil information The proposed site did nottan any prime farmland soils or land ofstltewide importimcc that will be lffcctcd by the construction If the proposed site includeS soil topes other thm PA Sparta A slope or PB Sparta D slope please contact ouroffice to dctcrmite if Ou need to complete a Fmnland Conversion Impact Rating form Ifthe NRCS can he of any funher assistance please contact our office at 763 566 2941 Sincerely dk Peter Weikle Ar Resource Soil Scientist The N tlI191 lurees Call sm rfOoi dtl ktdmhp in pll11r ni ffort to k e 1lSttn ai1tl uJ irpro l OJr rJtJflll rcrotJrtcS aI crvironrn l1t An l l On l jty JrCO Icr j Errpl Carver County section 34 T 116 N R 23 W section 3 T 115 N R 23 W 400 0 400 800 Feet I Scale 1 7920 a mile N Carver County section 34 T 116 N R 23 W section 3 T 115 N R 23 W 400 l o 400 800 Feet 1 Scale 1 4000 N 11 MINESOTA HISTOmCAL or mfY STATE HISTORiC Pm5ERVATlON OFFICE May 13 2005 Ms Heather Nelson Heartland Engireering Services PO Box 330 Rockford MN 55373 RE Minnesota VaUey Efectric Coopera ve proposed Char hassen Substation T116 R23 534 Char hns5Cn Twp Carver County SHPQ Number 2005 1743 Dear Ms Nelson Thnnk you for the cpportL nity to re ew and comrrcnt on the above project It has been reviEw ed pursuant to the responsbn ies given the Stn His oric Preservation Officcr by the National Hislcric Pmcrvalon Act of 1966 nnd the Procedures of tho Advisory Counc1 en H storic PreselVn on 3GCfR6CO Based on alJa ab e Irlfcm3tlon wo cxmclude that no properties eligible for or listed on tho Na onal Reg ster of Historic Places are wthin tho prc cct s area of effect P1CISO contact Dennis Gimmcstad at 651 296 5462 if you have any questions regarding our review of this project S ncQfcly ALU l10jJ iJ Britta L Dloomberg Deputy Stale Historic Prescrvl Dn O ficer 3 15lVlIc bnI fsi llml Mir hU Sl l l o ryttp1Il 1 6 2 612 I Heather Nelson Heartland Engnr I I I Page I of I From Curtis Cordt Engineer Sent Thursday AUJust 25 20052 17 PM To Hcather Nelson Heartland Engnr Subject FV MVEC Chanhassen SubslJt on ER Approval RtqUest A CnYp If e iYl rom Vanta Joseph J MV mli to joseph J yantl mvp02 uSlCearmy miIJntThursdayAl19ust252005209PM 0 Curtis Cordt Engir eer Subject RE WEe Chantmsen Submltion rn Approval Request a proposed ChanhLlssen Substation SE 1 4 Sec 34 T 116 N R 23 W Carver County does not rcqu re a permit orol eraJpoasfromheCorpsofEngneers m Curtis Codt Engineer m3Hto ccorcl@WHEORG nt Thursday August 25 2005 1 47 PM I 0 Vanta Joseph J I VP Ir H athcr Nelson HMrtlarnl fognrrUbjectMVECChantJlSset1SuYitatfon ER Apnuval Request Joe im lar to last the last subsa ioo r ucst we are seeking to uild a substation in the Ch1nhassen Arca which is in Carver CcuntyWehavereceivedpost1veresponsesfromalllheotcrgenciescorlaetedclCceplnoresJcnsefromLieCcrpCourdycupleasheckoyertheseITlleriasnndgetbacktousTharks fUrl Curtis Cordt P E iilnager lartl3nd Engineering Servicos hone No 763 4773076 Emllfl Addreu ndcstOXFIDENTIALNOTICEThismessage contains information that may be confidential and pri ileged Unless youIrelheaddresseeJOllmaynotlisecopyordisclosetoanyonethemessageorinfonnationcontainedinthismessajcfoureceivedthisrncss1geinerrorpleaseadisethesenderbyreplyemailanddeletethemcsage I I I I 19 08 2005 I I I I I I I I I I Minncsot a R i cio rccs seo Lab Road Sf raul Ijr re ncl5 155 40ner652967863bx65t296UlllE tl it aJ hofr J@drsLlI eU1 U April 25 2005 Ms Ile lIhrr Nelson He mla lll Engineellng Services 10 Box 10 6800 Electric Drive Rockford Mi 55373 Re Requ 5t for Natural HC ritaeinfen Jtion fer vicinity of proposed Chmhassen Subm tion TI J5KIU3WScction3CanerCounty lHNRP Contact it ERDIl 20050745 De1r Ms Nel5on PIC a cnotetlut wc cctcctw b t we beliew to be n error in tlle Township and SCctioninfonnationasitwasdescrihcdintheEnvironmentalReviewreportnccauthelocationdscript on in the report did not exactly fJlch the pmject a olltEr ell en the map tJ e e c1oscd se ch results are for the all1 indicated Cl1the map as listed in the subjc clline of this letter If he location description of YOJr projctarea as Ii led aco c is in error please COfllact me The fHnnc sota Natufll JIerilagc dat3ba e has ccen rel ieed to deteJmine if my rare pbator l nimal species or other significilr t nJturU fejtun arc known to ocCllr within an appro dmate on milc rJdiu Qf the ureOi ir di rcd cn Ihe m p enclosed with your infoIlltllion reqaest na d in thi t vJew there are 24 known occurrllCCcSof rare pecilsor naUll ll clltmities in Ihe area seardlcd for detai se encloscd database printout and e Imation of selected ficlds lJOilvcr based he nature Jlld tocationllftheI1rooscetlprnjmIdonothdieiCitwillaffect3nyknonceulTncesoCrrcfeanres lbe Natural IkritlgC databa c is m1 rtained h the NJturalllCril3gc md f onlame ResCJrChIrogramaunitwithintheUhisiollofrcoloicJlSerceOCpaItJlletltofNauralResourcesItis wlllinuaJly updated as new infonnation occomt s lvaillhle and is the lllOU complete wurce of dlltl onMinnesotasrareorotlcrwisesijllifiCill1tspedesnatur1ccrnrnunir1esanduthcrnaturalCellurcslis J11 rpose is to fo lcr better u1def tandjng a lJ prulCction of the e CeJturcs Becau e ourinformation is net based Oil a comJ1rehlIhem en cry Llerc lIlay be rare or otheniesignifiean natllml features in the stitc tht are not rcl sented in the database A county by county sUtyof mrc natural fel tures is now underway and bs been completed for Carv r County Our information lOOut naltral communities is therefore quite thorough for that conty However occ mse survey work for rare pl31lard animals is less exhaustive and because tllerthas not been an on site surveyofalllreasofthecountyecnloEicnllysignificantfcauresforwhicbwehavenorecordsmayexistonthe project area The enclosed resul of the datJJJ e earch lrc proided in two formals index and full record To control the release of locational infcm131ion which might result in the dama or destrUction of a rareelementhothprintoutflll1DatsarccopTightcd The intlcpw ides rare feature lrxations only to the nCJrcst secticm and rIl j be reprintedunalteredinallEllvirotmcntalssemntWorksbeetmunicipalnaturalresorccplJJlorreportcompiledbyyourcompanyfortheprojectlistedabovcIfyowishtoreproducetlcindexforan other purpose pr asc conlaCt me to request yrittcn permis ion Th full rerord printout Indudes more defalled loc tionallnfurmation and L for your personal u e only Ifyou ish to reprint he full D R Infllnonlkn 651 1 6157 I RSS M6 6367 TrY 651 2654M J 800C57 J929 I I I I I I I n J Lt I 1 Or IilIlJII I rnplll CI o niRl J llU f tx cld P f r C I I1IHllc il Minin ul1I If Inri J llJ H Vl J I I I I I I I I I I record printouls for any purpose please contact me to request IHillen lermi 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ESOTA DECEMBER 2005 J IY upa W I i I I i F tf A ill r Hi LIaQj 61 n fI I 1 I J II j I I J1 I I L I uL I i f filrWiI11ID r1IIiliILKllE 1 J 1 Kfllrl I 10 i h111LI4IIflII v J L Ii lllJIt1lrT11JrI111 P WjI t l I 1 fllf71ftiIL r7 J Uc I IIVoIIY OJ r v rrII1 1 I SHEET INDEX o o IYtYtY l X X FENCE CUlVERT DECIDUOUS lRfi CONIFER lREE HEDGE TITLE J o II 8 SAN INFl J 4 FfN INP 15 S1t INP I 4 WN INP G EEl EU EO lB TV 1W so PROPOSED 22tlJO lRfi UN TlWFIC SIGN lIANHOLE CATCH BASIN SANITARY SEWER n SANITARY FORCEIlAlII STORIl SEWER I j7r ill 1 TITLE SHEET 2 SITE LAYOUT 3 DETAILS 3 LANDSCAPING PLAN SHEET NO 1lIE UNE 1 WATtRWJN HYDRANT VALVE CURB SlOP GAS POWER POLE UGflT POLE ELECTRIC lRANSFORWER UNDERGROUND ELEClIl1C OVERHEAD ELEC1RIC ELEl1RIC PEDESTAL UNDERGROUND TDEPHONE UNDERGROUND 1V CABLE BENCHIMRK SOIL BORING KAP 01 THE CITIES OF CHANHASSEN CHASKA CARVER COtlNTr KN CITY OF CHANHASSENRECEIVEDfNOV302005 CHANHASSEN PLANNING DEPTI I I M r JI r1 I PROJECT LOCATION AUGNWEllT CENIDlUNE RIGHT OF WAY UNE 1t 8 SAN I 6 FUN @ 12 S1N I 4 PERF o o I 6 WIIN mtPORARY EASEWElIT CONSTRUCTION UtIITS CURB GlITTER BITUWINOUS EDGE CONCRETE EDGE GRAVEL EDGE SIlT FENCE PREASSaIIllEO SilT rENCE HEAVY DlJIY EROSION PROTECT1OH AT INLET HOlE CATCH BASIN SANITARY SEWER 1 SANITARY FORCDIAJN SANITARY UFT STATION STORIl SEWER PERFORAlrD PIPE DRAN CULVERT W APRON HYDRANT 3000 0 3000 r I SCAlE FEET NOTE EXISTING UTlUIY INFORI4ATION SHOWN ON THIS PLAN HAS BEEN PROVIDED BY THE UTlUIY OWNER THE CONTRACTOR SHALL FIELD VERIFY EXACT LOCATIONS PRIOR TO COMMENCING CONSTRUCTION REQUIRED BY STATE lAW NOTIFY GOPHER STATE ONE CALL 1 800 25 1166 OR 612 454 0002 THE SUBSURFACE UTlUIY INFORI4ATION IN THIS PLAN IS UTILITY QUAUIY LEVEL D THIS UTILITY QUAUIY LEVEL W DETERMINED ACCORDING TO THE GUIDEUNES OF CIASCE 36 02 ENTITLED STANDARD GUIDEUNES FOR THE COLLECTION AND DEPICTION OF EXISTING SUBSURFACE UTILITY DATA I HERDlY CERllFY HAT lHIS PlAN SPEClFlCAl1ON OR REPORT WAS PREPARED BY liE OR UNDER IIY DIRECT SUPER1SION AND HAT I JA A OUL Y UCENSEO P ONAL ENGINEER UNDER lIlE LAWS OF lHE STAlE OF IIINNESOTJklJmNO24307DAlE112905 KREG J 1110 t BOLTON MENK INC Consulting Engineers ar Surveyors IIANIATO IIN fAlRlolONr IotN SlEPYEYE IotN W1lU1AR IotN BURNSVILlE IotN CHASKA ItN JAES IA SHEET VALVE CURBSTOP 1 WAlDlwJN MINNESOTA VALLEY ELECTRIC COOPERATIVE CHANHASSEN SUBSTATION TITLE SHEET OF 10 25 om 4 f I i I f r 1 r r1 1 I LEGEND i I i BITUMINOUS DRIVE j 30 0 30 SCALE FEET Emmll GRAVEL PAD WASHED RIVER ROCK AESTHETIC WALL PROPOSED FENCE PROPOSED POWER LINES SILT FENCE PROPOSED PERPETUAL EASEMENT GRADING LIMITS r I 1 1 I Ifr2L I x I I0 J J i I I 400 FEET SITE AREA 2 87 AC NEW BITUMINOUS 0 17 AC NEW GRAVEL AREA 0 73 AC TOTAL NEW IMPERVIOUS AREA 0 90 AC EXISTING GEDNEY PROPERlY AREA 2647 AC APPROX TOTAL HARD SURFACE AREA 11 14 AC 42 1 MVEC GEDNEY AREA 2 35 AC FUTURE GEDNEY PROPERlY AREA 24 12 AC FUTURE GEDNEY HARD SURFACE AREA 11 14 AC 46 2 MVEC XCEL AREA 0 52 AC TOTAL MVEC AREA 2 87 AC MVEC HARD SURFACE AREA 0 90 AC 31 5 f 400 0 ro SCALE EARTHWORK SUMMARY RAW CUT 4141 CY RAW FILL 4647CY SECTION CUT 1673 CY SHRINK 25 1162 CY TOTAL CUT 5814 CY TOTAL FILL 5809 CY BALANCE 05 CY EXCESS 12m FUTURE REFERS 10 AFTER lIIEC PURCHASE ANO DOES NOT CONS1OER NOIliER ALTERAllON 10 1HE GEDNEY PROPERlY I HERElJt comFY 1KQ THIS PlAN TlON OR REPORT WAS PREPAAEDl KREG OT ue NO 24307 DAtt 1 29 05 DWP DWI E30L TON MENK INC Consulting EngIneers a Surveyors UANKATO UN fAlRlotONT lotN SILEPYEYE lotN W1LUtAR lotN BURNSVILlE lotN ctWKA UN AMES n MINNESOTA VALLEY ELECTRIC COOPERATIVE CHANHASSEN SUBSTATION 2005 SITE LAYOUT SHEET CKDCED IJS 2 OF 4 2 lYPE 41 wtAR COURSE 2331 BITUMINOUS TACK COAT 2357 3 lYPE 31 BASE cOURSE 2331 10 AGGREGtTE BASE PlACED CL 5 100 CRUSHED 2211 SUllGRADE PREPARATION 2112 BITUMINOUS DRIVE NOT TO SCAlE SECTION B B A L I 8 0 75 ctEAR WASHED RJVER ROCK 8 1 5 CLrAR WASHED RJVER ROCK SUBGRADE PREPARATION 2112 INCIDENTAL GRAVEL PAD NOT TO SCAlE RlPRAP ClASS ClASS ClASS Ii II 12 1M Of ROUND PIPE No 12 8 15 8 18 10 21 10 24 12 I 12 30 14 38 11 42 11 48 20 GEOTEXTIlEFABRIC PER SPEC 3601 TIlE FABRIC SHOULD COVER THE AREA OF THE RIPRAP AND EXTEND UNDER THE CULVERT APRON THREE FEET SECTION A A RCP CULVERT END RIPRAP NOT TO SCAlE liQlIDETAILS ARE NOT TO SCALE 10 47 am Ii Ii Z i o I PUBUC ROAD RADIUS AS REQUIRED 6 MINIMUM DEPTH OF I TO 2 CRUSHED ROCK I ENTRANCE WIDTH IASREQUIRED llQIE ROCKS AT ENTRANCE CLEAN WORKSITE MUD OFF OF TRUCK TIRES BEFORE DRMNG ONTO MAIN ROAD ROCK ENTRANCE CONSTRUCTION NOT TO SCALE PLASTIC ZIP TIES 50 TENSILE lOCATED IN Top 8 t5 i3 STED S1lJODED T POST 5ft MINIMUM LENGTH POSIS AT 6ft lIAXlMUlI sPACING GEOTEXTILE FABRIC 36 WIDTH DIRECTION OF RUNOFF FLOW lIACHINE SUCE 8 12 DEPTH PWS 6 FlAP SILT FENCE MACHINE SLICED NOT TO SCAlE I HEREBl CERTIfY lHAT tHIS SPECIFlCATlON DR REPORT WAS PREPAREDBYWEORlJNDRWYDIRECTSUPEJMSIONIfTINoIADlIYlICENSEDDQfiR t jr Tt Of ESOTk KREG 11r 24307 DAlE 11 29 05 OMP BOL TON MENK INC ConsultIng EngIneers Ie Surveyors IoWIKATO MN FA RIAONT IAN SlEEPl EYE IAN WlLlWRMN BURNSVILlE MN CHSKA MN AMES It OMP CHECICDl IJS 7l5 1ItY Of A A i I I 7D I J Ii 1 I i Af I I J AES HETlC WAlL SECTION VIEW A A s 1t SECTION VIEW B B MINNESOTA VALLEY ELECTRIC COOPERATIVE SHEET CHANHASSEN SUBSTATION 2005 3 OF DETAILS 4 1 1 I I 1 i I 1 I I 4 r c I J J P9 r J C I I l 6 y I 1 I I I I I I t r I I I I II i I II 1 I I I I 1 I I I I I I I h I I I 1 r ISl I 30 0 SCALE I HEREBl CEJmFY lH4T THtS PLAN SPECFlCAl1ON OR REPORT WAS PREPARED7orfER17jit KREG Itr uc NO 24307 DAlt 11 29 05 ClCKI KJS D P30 I FEET D P 11 28 2005 4 35 m I j tII1 II l 2 1 I I r i rr i r lI I I lliITES 1 EXISTING TREES ON SITE 90 SYBERIAN ELM OF VARYING CONDITION REQUIRED BUFFERYARD PLANTING TOTALS OVERSTORY REPLACED W UNDER DUE TO POWER LINES UNDERSTORY 25 SHRUBS 32 PLANTING SIZE SPRUCE 6 8 TALL MAPLE 15 2 5 TRUNK DIAMETER CRAB 1 5 2 5 TRUNK DIAMETER PROTECT EXISTING TREES TO EXTENT POSSIBLE SEED ALL DISTURBED AREAS WITH Mn DOT MIX 250 EXCEPT AS NOTED ABOVE CONTRACTOR TO MINIMIZE SITE DISTURBANCE AND PROTECT EXISTING TREES TO EXTENT POSSIBLE 2 3 4 5 x o o o 6 0000 I BOL TON MENK INC ConsultIng EngIneers 4 Surveyors loIANKATO tlN FAlRtlONT tlN SlEEP EYE tlN W11L1lAR tlN BlJRNSVILLE tlN CHASKA tlN AtIES IA LEGEND BITUMINOUS DRIVE GRAVEL PAD WASHED RIVER ROCK I INFILTRATION BASIN SEED MnDOT MIX 310I AESTHETIC WALL PROPOSED FENCE EXISTING TREE CONIFER EXISTING TREE 6 DIA EXISTING TREE 6 10 DIA SPRUCE 7 AMUR MAPLE 7 RED TWIG DOGWOOD 32 RED SPLENDOR CRAB 11 SMALL PLANTINGS 12 If J 1 I If I I I MINNESOTA VALLEY ELECTRIC COOPERATIVE CHANHASSEN SUBSTATION 2005 LANDSCAPING PLAN IIV SHEET 4 OF 4 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES MINNESOTA DATE Januarv 23 2006 RESOLUTION NO 2006 MOTION BY SECONDED BY A RESOLUTION DECLARING NO NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT FOR MINNESOTA VALLEY ELECTRIC SUBSTATION WHEREAS an Environmental Assessment EA was prepared for the Minnesota Valley Electric according to the Environmental Quality Board EQB regulations and WHEREAS notice of the EA was published in the EQB Monitor on January 2 2006 and WHEREAS copies of the EA were mailed to all of the agencies and organizations on the EQB official EA distribution list and WHEREAS the ten day comment period for the Electric Substation EA ended on January 12 2006 and NOW THEREFORE BE IT RESOLVED by the City Council of the City of Chanhassen Minnesota that findings in the document titled Findings of Fact Regarding a Need for Environmental Impact Statement Minnesota Valley Electric Cooperative be incorporated herein by reference BE IT FURTHER RESOLVED that a determination is herby made that the preparation of an Environmental Impact Statement EIS for the project which is the subject of the EA is not needed by on application of the following criteria to the factual information contained in the EAW 1 Type extent and reversibility of environmental effects 2 Cumulative potential effects of related or anticipated future projects 3 The extent to which environmental effects are subject to mitigation by ongoing public regulatory authority and 4 The extent to which environmental effects can be anticipated and controlled as a result of other environmental studies undertaken by public agencies or the proposer or an EIS previously prepared on similar projects Passed and adopted by the Chanhassen City Council this 23rd day of January 2006 ATTEST YES NO ABSENT MEMORANDUM TO: Mayor & City Council FROM: Todd Gerhardt, City Manager DATE: January 17, 2006 SUBJ: Bonnie Labatt’s Donation to the Fire Relief Fund Bonnie Labatt has asked to be on Visitor Presentations so that she may publicly thank the Chanhassen Fire Department for the excellent service they provided to her family over the years. Mrs. Labatt is also going to make a donation to the Fire Relief Fund. Fire Chief Gregg Geske will be in attendance to accept the donation on behalf of the Fire Relief members. No City Council action is required on this item. MEMORANDUM TO: Paul Oehme, City Engineer/Dir. of Public Works FROM: Alyson Fauske, Assistant City Engineer DATE: January 23, 2006 SUBJ: Public Hearing for 2006 Street Improvement Project No. 06-01 BACKGROUND On September 26, 2005, Council authorized the preparation of the 2006 Street Improvement Feasibility Report. On December 8, 2005, staff held an open house meeting with residents in the Koehnen neighborhood to discuss the proposed street and utility reconstruction project. On December 15, 2005, staff held an open house meeting with residents in the Chanhassen Hills neighborhood to discuss the proposed street rehabilitation project. On January 9, 2006 Council accepted the feasibility report and called for the public hearing for the project. DISCUSSION The street improvements proposed for 2006 were identified using the City’s Pavement Management Program and because of the utility problems in these areas. The City’s consultant for the project will be at the meeting to present information to City Council and to answer questions. Koehnen Area Streets are recommended for reconstruction in the Koehnen area. These streets are 35 years old and are in need of replacement and do not have concrete curb and gutter. The reconstruction area includes approximately 1.05 miles of street, including West 63rd Street, Koehnen Circle East, Koehnen Circle West, Cardinal Avenue, Blue Jay Circle, Audubon Circle and Yosemite Avenue (from 6440 Yosemite Avenue to the City limits). Concrete curb and gutter will be included in the street design. Also, the street improvement project will include replacement of all watermain, replacement of some sanitary sewer, installation of storm sewer and construction of storm water treatment ponds. The watermain in this area is cast iron which has resulted in 23 documented watermain breaks. It is recommended to replace the watermain in this area along with the water services in the right-of-way. Paul Oehme January 23, 2006 Page 2 Televising of the sanitary sewer indicates that portions of this utility are “egged”, sagging and/or cracked. Bolton & Menk, the consultant engineer the City has contracted for this project, recommends that portions of the sanitary sewer exhibiting “extreme” sagging or segments that are cracked be replaced. Storm sewer will be installed and will outlet to one of three ponds that will be constructed in conjunction with the project. The ponds will treat the runoff before discharging to other water bodies. Forty percent (40%) of the street rehabilitation costs are proposed to be assessed to the benefiting property owners within the project area. The preliminary assessment amount for the Koehnen area is $7,100/lot and is proposed to be assessed over a 10-year period at 6% interest. Approximately 25 residents attended the Koehnen area open house on December 8, 2005. The following generalizes the questions and comments received at the open house: · Why are the anticipated assessment costs so high? · Who decided that these roads need to be reconstructed? · Why is the City’s standard cul-de-sac 90 feet in diameter? It seems large. · Upgrading Yosemite will increase the traffic volume on the road. · Will trees be removed? · What is the proposed timeline for this project? All property owners’ questions were answered at the meeting or with a follow-up letter or phone call. Chanhassen Hills The project also includes resurfacing or rehabilitation of the streets in the Chanhassen Hills neighborhood. These streets are 15 years old and are recommended for milling and overlaying. Improvement consists of milling the pavement and paving a minimum of 2” bituminous. Damaged “alligatored” pavement areas will be removed and repaved prior to the overlay. Severely damaged curb will be replaced. Some draintile will be included in the project. Forty percent (40%) of the street rehabilitation costs are proposed to be assessed to the benefiting property owners within the project area. The preliminary assessment amount for the Chanhassen Hills area is $1,698.15/lot and is proposed to be assessed over an 8-year period at 6% interest. Four residents attended the Chanhassen Hills area open house on December 15, 2005. The following generalizes the questions and comments received at the open house: Paul Oehme January 23, 2006 Page 3 · Why doesn’t the City pay for the entire project cost? · Who decided these streets need to be worked on? · What is the project schedule? · Will Draintile be included in the project? All property owners’ questions were answered at the meeting or with a follow-up letter or phone call. Final assessment amounts will be based on the consultation report the Engineering Department is working on with the City Attorney. This report is expected to be completed by the end of January, 2006. Lake Ann Park Also included in this year’s street project are proposed improvements to the parking lots at Lake Ann Park. Most of the drives and parking areas are in very poor condition and are in need of reconstruction. The improvements include reconstruction of the roadways, realignment of roadways, reconstruction of parking areas and overlay of parking areas. Also included will be placement of concrete curb and gutter in parking areas. These components of the project and the feasibility report will be presented to City Council at the next meeting prior to the public hearing. Copies of the feasibility report are available in the Engineering Department. Funding for this project is proposed as follows: ITEM ESTIMATED COST 2006 CIP Budget Amount 2006 CIP Project Number $ 500,000.00 ST-012 (MSA) Street Reconstruction $ 1,561,073.00 1,600,000.00 ST-012 Rehabilitation Area (Chanhassen Hills) 661,300.00 125,000.00 ST-018 (Pvmt. Mgmt.) Subtotal, Streets $ 2,222,373.00 $ 2,225,000.00 Lake Ann Park $ 321,235.00 $ 350,000.00 PK&T-051 Storm Sewer 586,011.00 400,000.00 SWMP-019 Sanitary Sewer Reconstruction 185,679.00 310,000.00 SS-014 Watermain Reconstruction 544,585.00 440,000.00 W-024 TOTAL $ 3,859,883.00 $ 3,725,000.00 Paul Oehme January 23, 2006 Page 4 The estimated costs for storm sewer improvements are higher than the budgeted amount since the detailed storm sewer design was not complete when the budget amount was determined. The estimated watermain costs are high due to the unforeseen increase in the cost of watermain pipe. The tentative schedule for this project is as follows: Public Hearing (Koehnen Area) and Order Plans and Specifications January 23, 2005 Continuation of Public Hearing (Chanhassen Hills Area) February 13, 2005 Approve Plans and Specifications and Order Ad for Bid April 10, 2006 Bid Opening May 2, 2006 Accept Bids/Order Assessment Hearing May 8, 2006 Neighborhood Meeting (Koehnen area) May 17, 2006 Neighborhood Meeting (Chanhassen Hills area) May 24, 2006 Assessment Hearing/Adopt Assessment Roll/Award Contract June 12, 2006 Start Construction June, 2006 Construction Complete October, 2006 The project start and completion dates are later than originally anticipated due to changes in MNDOT’s State Aid review process, which is required since Staff is seeking to add Yosemite Avenue to the City’s State Aid roadway system. The City’s consultant is prioritizing the preparation of Yosemite Avenue plans in attempt to get the project back to the original anticipated schedule. RECOMMENDATION Staff recommends that City Council order the preparation of plans and specifications for City Project 06-01 and continue the public hearing at the February 13, 2006 meeting to discuss the proposed improvements within the Chanhassen Hills neighborhood. c: Marcus Thomas, Bolton & Menk Attachments G:\ENG\PUBLIC\06-01 2006 Street Improvements\01-23-06 continuation of public hearing.doc