Agenda and PacketAGENDA
CHANHASSEN CITY COUNCIL
MONDAY, OCTOBER 22, 2018
CHANHASSEN CITY HALL, 7700 MARKET BOULEVARD
A.5:30 P.M. WORK SESSION
Note: Work sessions are open to the public.If the City Council does not complete the work
session items in the time allotted, the remaining items will be considered after the regular
agenda.
1.Review Franchise Fee Funding Scenarios
2.Mental Health Education Discussion
3.Key Financial Strategy: Sanitary Sewer Inflow/Infiltration Reduction Program
B.7:00 P.M. CALL TO ORDER
C.PUBLIC ANNOUNCEMENTS
1.Invitation to Community Clean Up for Water Quality Event, Saturday, October 27
D.CONSENT AGENDA
All items listed under the Consent Agenda are considered to be routine by the city council and
will be considered as one motion. There will be no separate discussion of these items. If
discussion is desired, that item will be removed from the Consent Agenda and considered
separately. City council action is based on the staff recommendation for each item. Refer to the
council packet for each staff report.
1.Approve City Council Minutes dated October 8, 2018
2.Receive Planning Commission Minutes dated October 2, 2018
3.Receive Park & Recreation Minutes dated September 25, 2018
4.Approve Small Cell Facility Collocation Agreement with Verizon Wireless
5.Approve Memorandum of Understanding with Carver County for Construction of TH
5 Regional Recreational Trail and Underpass
6.Approve 2019 Service Agreement for Joint Assessment with Carver County Assessor
7.Resolution 201848: Approve Quote for Sanitary Sewer Televising (I/I)
8.Resolution 201849: Approve County State Aid Highway Designation for the Turnback
of Highway 101
AGENDACHANHASSEN CITY COUNCILMONDAY, OCTOBER 22, 2018CHANHASSEN CITY HALL, 7700 MARKET BOULEVARDA.5:30 P.M. WORK SESSIONNote: Work sessions are open to the public.If the City Council does not complete the worksession items in the time allotted, the remaining items will be considered after the regularagenda.1.Review Franchise Fee Funding Scenarios2.Mental Health Education Discussion3.Key Financial Strategy: Sanitary Sewer Inflow/Infiltration Reduction ProgramB.7:00 P.M. CALL TO ORDERC.PUBLIC ANNOUNCEMENTS1.Invitation to Community Clean Up for Water Quality Event, Saturday, October 27D.CONSENT AGENDAAll items listed under the Consent Agenda are considered to be routine by the city council andwill be considered as one motion. There will be no separate discussion of these items. Ifdiscussion is desired, that item will be removed from the Consent Agenda and consideredseparately. City council action is based on the staff recommendation for each item. Refer to thecouncil packet for each staff report.1.Approve City Council Minutes dated October 8, 20182.Receive Planning Commission Minutes dated October 2, 20183.Receive Park & Recreation Minutes dated September 25, 20184.Approve Small Cell Facility Collocation Agreement with Verizon Wireless5.Approve Memorandum of Understanding with Carver County for Construction of TH5 Regional Recreational Trail and Underpass6.Approve 2019 Service Agreement for Joint Assessment with Carver County Assessor7.Resolution 201848: Approve Quote for Sanitary Sewer Televising (I/I)
8.Resolution 201849: Approve County State Aid Highway Designation for the Turnback
of Highway 101
E.VISITOR PRESENTATIONS
F.FIRE DEPARTMENT/LAW ENFORCEMENT UPDATE
1.Fire Department Update
2.Law Enforcement Update
G.PUBLIC HEARINGS
1.Resolution 201850: Orchard Lane Area Street & Utility Reconstruction Project:
Public Hearing, Order Project and Authorize Preparation of Plans & Specifications
2.Resolution 201851: Certification of Delinquent Sewer and Water Accounts to the
County Auditor
H.NEW BUSINESS
1.Glendale Drive Subdivision Request: Approve Preliminary Plat for 5 Lots and a
Variance for a 50foot Wide Public Street
2.Resolution 201852: Consider Modifying Stipulation Agreement for the Mustard Seed
(Halla Nursery, Inc.)
I.COUNCIL PRESENTATIONS
J.ADMINISTRATIVE PRESENTATIONS
K.CORRESPONDENCE DISCUSSION
1.Review of Claims Paid 10222018
L.ADJOURNMENT
M.GUIDELINES
GUIDELINES FOR VISITOR PRESENTATIONS
Welcome to the Chanhassen City Council Meeting. In the interest of open communications, the Chanhassen City
Council wishes to provide an opportunity for the public to address the City Council. That opportunity is provided
at every regular City Council meeting during Visitor Presentations.
Anyone indicating a desire to speak during Visitor Presentations will be acknowledged by the Mayor. When
called upon to speak, state your name, address, and topic. All remarks shall be addressed to the City
Council as a whole, not to any specific member(s) or to any person who is not a member of the City
Council.
If there are a number of individuals present to speak on the same topic, please designate a spokesperson
that can summarize the issue.
Limit your comments to five minutes. Additional time may be granted at the discretion of the Mayor. If
you have written comments, provide a copy to the Council.
During Visitor Presentations, the Council and staff listen to comments and will not engage in discussion.
Council members or the City Manager may ask questions of you in order to gain a thorough understanding
of your concern, suggestion or request.
Please be aware that disrespectful comments or comments of a personal nature, directed at an individual
either by name or inference, will not be allowed. Personnel concerns should be directed to the City
AGENDACHANHASSEN CITY COUNCILMONDAY, OCTOBER 22, 2018CHANHASSEN CITY HALL, 7700 MARKET BOULEVARDA.5:30 P.M. WORK SESSIONNote: Work sessions are open to the public.If the City Council does not complete the worksession items in the time allotted, the remaining items will be considered after the regularagenda.1.Review Franchise Fee Funding Scenarios2.Mental Health Education Discussion3.Key Financial Strategy: Sanitary Sewer Inflow/Infiltration Reduction ProgramB.7:00 P.M. CALL TO ORDERC.PUBLIC ANNOUNCEMENTS1.Invitation to Community Clean Up for Water Quality Event, Saturday, October 27D.CONSENT AGENDAAll items listed under the Consent Agenda are considered to be routine by the city council andwill be considered as one motion. There will be no separate discussion of these items. Ifdiscussion is desired, that item will be removed from the Consent Agenda and consideredseparately. City council action is based on the staff recommendation for each item. Refer to thecouncil packet for each staff report.1.Approve City Council Minutes dated October 8, 20182.Receive Planning Commission Minutes dated October 2, 20183.Receive Park & Recreation Minutes dated September 25, 20184.Approve Small Cell Facility Collocation Agreement with Verizon Wireless5.Approve Memorandum of Understanding with Carver County for Construction of TH5 Regional Recreational Trail and Underpass6.Approve 2019 Service Agreement for Joint Assessment with Carver County Assessor7.Resolution 201848: Approve Quote for Sanitary Sewer Televising (I/I)8.Resolution 201849: Approve County State Aid Highway Designation for the Turnbackof Highway 101E.VISITOR PRESENTATIONSF.FIRE DEPARTMENT/LAW ENFORCEMENT UPDATE1.Fire Department Update2.Law Enforcement UpdateG.PUBLIC HEARINGS1.Resolution 201850: Orchard Lane Area Street & Utility Reconstruction Project:Public Hearing, Order Project and Authorize Preparation of Plans & Specifications2.Resolution 201851: Certification of Delinquent Sewer and Water Accounts to theCounty AuditorH.NEW BUSINESS1.Glendale Drive Subdivision Request: Approve Preliminary Plat for 5 Lots and aVariance for a 50foot Wide Public Street2.Resolution 201852: Consider Modifying Stipulation Agreement for the Mustard Seed(Halla Nursery, Inc.)I.COUNCIL PRESENTATIONSJ.ADMINISTRATIVE PRESENTATIONSK.CORRESPONDENCE DISCUSSION1.Review of Claims Paid 10222018L.ADJOURNMENTM.GUIDELINES GUIDELINES FOR VISITOR PRESENTATIONSWelcome to the Chanhassen City Council Meeting. In the interest of open communications, the Chanhassen CityCouncil wishes to provide an opportunity for the public to address the City Council. That opportunity is providedat every regular City Council meeting during Visitor Presentations.Anyone indicating a desire to speak during Visitor Presentations will be acknowledged by the Mayor. Whencalled upon to speak, state your name, address, and topic. All remarks shall be addressed to the CityCouncil as a whole, not to any specific member(s) or to any person who is not a member of the CityCouncil.If there are a number of individuals present to speak on the same topic, please designate a spokespersonthat can summarize the issue. Limit your comments to five minutes. Additional time may be granted at the discretion of the Mayor. Ifyou have written comments, provide a copy to the Council.During Visitor Presentations, the Council and staff listen to comments and will not engage in discussion. Council members or the City Manager may ask questions of you in order to gain a thorough understandingof your concern, suggestion or request.
Please be aware that disrespectful comments or comments of a personal nature, directed at an individual
either by name or inference, will not be allowed. Personnel concerns should be directed to the City
Manager.
Members of the City Council and some staff members may gather at Houlihan's, 530 Pond Promenade in Chanhassen immediately
after the meeting for a purely social event. All members of the public are welcome.
CITY COUNCIL STAFF REPORT
Monday, October 22, 2018
Subject Review Franchise Fee Funding Scenarios
Section 5:30 P.M. WORK SESSION Item No: A.1.
Prepared By Greg Sticha, Finance Director File No: ADM324
BACKGROUND
At our work session discussion on September 24, 2018, city council gave staff direction to bring back three funding
alternatives, as well as offer the utility companies an option to suggest a franchise fee that would collect either $1.9M
or $2.284M for the city's pavement management program.
When staff began the process of evaluating all of the funding alternatives, it set a list of objectives of the city council
and the utility companies. Below find that list stated in what staff believes is the order of importance:
1. Achieve funding of either $1.9M or $2.284M.
2. Achieve either a 50/50 or 60/40 funding ratio between residential and commercial customers.
3. Achieve a fixed franchise fee as requested by the utility companies.
4. Achieve an identical fixed franchise fee between commercial billing classifications of the utility companies.
It became apparent that with the primary goal of achieving objectives 1 & 2, it would become extremely difficult to
achieve objective 4 in particular.
Staff began by collecting the most recent gross revenue and customer count data from each of the utility companies
and prepared the three funding alternatives city council requested. The utility companies for various reasons declined
to suggest alternative fee options.
The three funding alternatives city council requested were as follows:
1. Generating $1.9M based on a 50/50 split between residential and commercial customers
2. Generating $1.9M based on a 60/40 residential and commercial split, and
3. Generating $2.284M based on a 50/50 residential and commercial split (this option assumes the elimination of
the current levy in place).
The most significant challenge presented results from the revenues generated by the large commercial customers of
each utility company as they vary significantly; therefore, staff also put together secondary scenarios for the three
requested city council alternatives based purely on current revenues generated by each billing type of the utilities'
commercial customer base. The goal was to achieve an identical percent impact on the average bill of each billing
classification.
Staff will be reviewing all of the alternatives and sharing all discussion points we had with the utility companies over
the past couple of weeks. Representatives from each of the utility companies will be present this evening for further
CITY COUNCIL STAFF REPORTMonday, October 22, 2018SubjectReview Franchise Fee Funding ScenariosSection5:30 P.M. WORK SESSION Item No: A.1.Prepared By Greg Sticha, Finance Director File No: ADM324BACKGROUNDAt our work session discussion on September 24, 2018, city council gave staff direction to bring back three fundingalternatives, as well as offer the utility companies an option to suggest a franchise fee that would collect either $1.9Mor $2.284M for the city's pavement management program. When staff began the process of evaluating all of the funding alternatives, it set a list of objectives of the city counciland the utility companies. Below find that list stated in what staff believes is the order of importance:1. Achieve funding of either $1.9M or $2.284M.2. Achieve either a 50/50 or 60/40 funding ratio between residential and commercial customers.3. Achieve a fixed franchise fee as requested by the utility companies.4. Achieve an identical fixed franchise fee between commercial billing classifications of the utility companies.It became apparent that with the primary goal of achieving objectives 1 & 2, it would become extremely difficult toachieve objective 4 in particular. Staff began by collecting the most recent gross revenue and customer count data from each of the utility companiesand prepared the three funding alternatives city council requested. The utility companies for various reasons declinedto suggest alternative fee options. The three funding alternatives city council requested were as follows:1. Generating $1.9M based on a 50/50 split between residential and commercial customers2. Generating $1.9M based on a 60/40 residential and commercial split, and3. Generating $2.284M based on a 50/50 residential and commercial split (this option assumes the elimination ofthe current levy in place). The most significant challenge presented results from the revenues generated by the large commercial customers ofeach utility company as they vary significantly; therefore, staff also put together secondary scenarios for the threerequested city council alternatives based purely on current revenues generated by each billing type of the utilities'commercial customer base. The goal was to achieve an identical percent impact on the average bill of each billingclassification.
Staff will be reviewing all of the alternatives and sharing all discussion points we had with the utility companies over
the past couple of weeks. Representatives from each of the utility companies will be present this evening for further
questions and comments if asked for by the city council.
RECOMMENDATION
Based on all of the data presented to staff and in an effort to have a similar impact on all commercial customers as well
as generate the requested dollars for each of the funding alternatives, staff is recommending the creation of a franchise
fee of either alternative 1a, 2a, or 2b per the attached funding alternatives. Staff will be looking for direction on which
of the alternatives the city council wishes to proceed with in presenting a franchise fee ordinance for public comment.
ATTACHMENTS:
Funding Alternatives
Chanhassen, MN Franchise Fee Discussion – 10/22/2018
Utility Residential and Commercial classes are defined by each utility. We have reviewed
updated customer count and gross revenue information provided by the three utilities.
Fee Options – revisiting fixed fee structure
New franchise fee aimed at a specific revenue target ($1.9mm or $2.3mm) and residential/commercial
allocation (50/50 or 60/40). Fee is spread among categories of users: one residential and four
commercial categories. Commercial categories are not consistent among each utility, but the fee is
applied as if so.
Council Option #1 - $1.9 MM Fee Revenue (50% Residential / 50% Commercial)
Fee Classification Monthly Fixed Charge Impact on Average Bill* Annual Fee Rev
Residential $4.28 4.5% $949,918
Small Commercial $8.88 3.3% $86,981
Medium Commercial $23.36 2.8% $77,356
Large Commercial $195.32 1.3% $187,510
Gas Commercial A $8.88 14.7% $30,379
Gas Commercial B $23.36 12.7% $54,374
Gas Commercial C $195.32 25.3% $492,213
Small Volume, Dual Fuel $161.14 4.1% $21,270
$1,900,000
Council Option #2 - $1.9 MM Fee Revenue (60% Residential / 40% Commercial)
Fee Classification Monthly Fixed Charge Impact on Average Bill* Annual Fee Rev
Residential $5.13 5.4% $1,139,918
Small Commercial $7.11 2.6% $69,586
Medium Commercial $18.69 2.2% $61,886
Large Commercial $156.26 1.0% $150,011
Gas Commercial A $7.11 11.8% $24,304
Gas Commercial B $18.69 10.1% $43,500
Gas Commercial C $156.26 20.2% $393,779
Small Volume, Dual Fuel $128.91 3.3% $17,017
$1,900,000
Council Option #3 - $2.284 M Fee - Elim Levy (50% Residential / 50% Commercial)
Fee Classification Monthly Fixed Charge Impact on Average Bill* Annual Fee Rev
Residential $5.14 5.4% $1,141,901
Small Commercial $10.68 4.0% $104,560
Medium Commercial $28.08 3.4% $92,990
Large Commercial $234.80 1.6% $225,406
Gas Commercial A $10.68 17.7% $36,519
Gas Commercial B $28.08 15.2% $65,363
Gas Commercial C $234.80 30.4% $591,691
Small Volume, Dual Fuel $193.70 5.0% $25,569
$2,284,000
* Restated impact isolating electric and gas averages if same fee applied across commercial
categories
Alternative: Fee is still spread among categories of users: one residential, but separate electric and
gas commercial categories for an equitable impact. Alternative #2a assumes the franchise fee for
commercial is based on a percentage of gross revenues.
Staff Recommended: Council Option #1a - $1.9 MM Fee Revenue (50% / 50%)
Fee Classification Monthly Fixed Charge Impact on Average Bill Annual Fee Rev
Residential $4.28 4.5% $949,918
Small Electric Commercial $11.11 4.1% $108,814
Medium Electric Commercial $34.40 4.1% $113,948
Large Electric Commercial $624.22 4.1% $599,248
Gas Commercial A $2.50 4.1% $8,546
Gas Commercial B $7.64 4.1% $17,782
Gas Commercial C $31.93 4.1% $80,474
Gas Small Volume, Dual Fuel $161.14 4.1% $21,270
$1,900,000
Staff Recommended: Council Option #2a - $1.9 MM Fee Revenue (60% / 40%)
Fee Classification Monthly Fixed Charge Impact on Average Bill Annual Fee Rev
Residential $5.13 5.4% $1,139,918
Small Electric Commercial $8.89 3.3% $87,053
Medium Electric Commercial $27.52 3.3% $91,160
Large Electric Commercial $499.38 3.3% $479,409
Gas Commercial A $2.00 3.3% $6,837
Gas Commercial B $6.11 3.3% $14,226
Gas Commercial C $25.55 3.3% $64,380
Gas Small Volume, Dual Fuel $128.91 3.3% $17,017
$1,900,000
Staff Recommended: Council Option #2b - $1.9 MM Fee Revenue (58% / 42%)
*Commercial Fee set at fixed percentage.
Fee Classification Monthly Fixed Charge* Impact on Average Bill Annual Fee Rev
Residential $5.00 5.2% $1,110,120
Small Electric Commercial 3.4% $90,466
Medium Electric Commercial 3.4% $94,734
Large Electric Commercial 3.4% $498,203
Gas Commercial A 3.4% $7,105
Gas Commercial B 3.4% $14,784
Gas Commercial C 3.4% $66,904
Gas Small Volume, Dual Fuel 3.4% $17,684
$1,900,000
Council Option #3a - $2.284 M Fee – Elim Levy (50% / 50%)
Fee Classification Monthly Fixed Charge Impact on Average Bill Annual Fee Rev
Residential $5.14 5.4% $1,141,901
Small Electric Commercial $13.36 5.0% $130,806
Medium Electric Commercial $41.36 5.0% $136,977
Large Electric Commercial $750.37 5.0% $720,360
Gas Commercial A $3.00 5.0% $10,273
Gas Commercial B $9.18 5.0% $21,376
Gas Commercial C $38.39 5.0% $96,738
Gas Small Volume, Dual Fuel $193.70 5.0% $25,569
$2,284,000
CITY COUNCIL STAFF REPORT
Monday, October 22, 2018
Subject Mental Health Education Discussion
Section 5:30 P.M. WORK SESSION Item No: A.2.
Prepared By Chelsea Petersen, Assistant City
Manager
File No: ADM325
SUMMARY
Per direction from the City Council, staff has been researching mental health resources in and around Carver County.
The list below includes local as well as national resources. The list is not exhaustive, as it does not include the many
individual practitioners and clinics that also provide mental health resources in the area. Because the scope of mental
health awareness is so large, this meeting will serve as an update to City Council.
DISCUSSION
National Alliance on Mental Illness (NAMI)champions justice, dignity and respect for all people affected by
mental illness. Through education, support and advocacy they strive to eliminate the stigma of mental illness, affect
positive change in the mental health system, and increase public and professional understanding of mental illness. The
Carver County chapter is located in Watertown, but does not have any overlap with the city. The Scott County
chapter is located in Savage, but does not have any formal overlap with the city. Contact: 6124241823 or
https://namimn.org/
Make It OK is a campaign that focuses on reducing stigma by starting conversations about mental illness. Community
outreach, education, and personal stories are helping to dispel myths and reduce the stigma surrounding mental
illnesses. Everyone has the ability to help “Make It OK” to talk about mental illness and stop the stigma. Contact:
6514308736 or https://makeitok.org/
National Suicide Prevention Lifeline is a free and confidential resource for immediate support. All calls are routed
to the caller’s nearest crisis center, where counselors can then provide immediate assistance and appropriate local
resources if needed. Call 1800273TALK (18002738255) or chat online at
https://suicidepreventionlifeline.org/chat/. Additional resources can be found at https://suicidepreventionlifeline.org/.
This national organization does not operate out of a location in Minnesota, so there is no local government engagement
currently. The nearest physical location is Wausau, WI.
Carver County Mental Health Crisis Team provides crisis services 24/7 to Carver County. The crisis team is
made up of Carver Countyemployed licensed mental health professionals that can assist with interventions and/or
consultations either by phone or face to face throughout the community. Assistance is provided to anyone located in
Carver County, regardless of residence. Contact: 9524427601 or https://www.co.carver.mn.us/departments/health
humanservices/firststreetcentermentalhealth/crisisservices
First Street Center is a confidential, federally licensed mental health care facility. There are two locations in Carver
CITY COUNCIL STAFF REPORTMonday, October 22, 2018SubjectMental Health Education DiscussionSection5:30 P.M. WORK SESSION Item No: A.2.Prepared By Chelsea Petersen, Assistant CityManager File No: ADM325SUMMARYPer direction from the City Council, staff has been researching mental health resources in and around Carver County.The list below includes local as well as national resources. The list is not exhaustive, as it does not include the manyindividual practitioners and clinics that also provide mental health resources in the area. Because the scope of mentalhealth awareness is so large, this meeting will serve as an update to City Council.DISCUSSIONNational Alliance on Mental Illness (NAMI)champions justice, dignity and respect for all people affected bymental illness. Through education, support and advocacy they strive to eliminate the stigma of mental illness, affectpositive change in the mental health system, and increase public and professional understanding of mental illness. TheCarver County chapter is located in Watertown, but does not have any overlap with the city. The Scott Countychapter is located in Savage, but does not have any formal overlap with the city. Contact: 6124241823 orhttps://namimn.org/Make It OK is a campaign that focuses on reducing stigma by starting conversations about mental illness. Communityoutreach, education, and personal stories are helping to dispel myths and reduce the stigma surrounding mentalillnesses. Everyone has the ability to help “Make It OK” to talk about mental illness and stop the stigma. Contact:6514308736 or https://makeitok.org/National Suicide Prevention Lifeline is a free and confidential resource for immediate support. All calls are routedto the caller’s nearest crisis center, where counselors can then provide immediate assistance and appropriate localresources if needed. Call 1800273TALK (18002738255) or chat online athttps://suicidepreventionlifeline.org/chat/. Additional resources can be found at https://suicidepreventionlifeline.org/.This national organization does not operate out of a location in Minnesota, so there is no local government engagementcurrently. The nearest physical location is Wausau, WI.Carver County Mental Health Crisis Team provides crisis services 24/7 to Carver County. The crisis team ismade up of Carver Countyemployed licensed mental health professionals that can assist with interventions and/orconsultations either by phone or face to face throughout the community. Assistance is provided to anyone located inCarver County, regardless of residence. Contact: 9524427601 or https://www.co.carver.mn.us/departments/healthhumanservices/firststreetcentermentalhealth/crisisservices
First Street Center is a confidential, federally licensed mental health care facility. There are two locations in Carver
County: 540 E 1st Street in Waconia, and 106 N Chestnut Street in Chaska. There are many services provided at
each location including: outpatient therapy and psychiatry, case management services, and resource referrals.
Appointments should be made by calling 9524424437, or crisis services can be reached 24/7 by calling 952442
7601. First Street Center has assisted the City of Waconia after traumatic events in 2005 and 2016, but does not
collaborate on a regular basis. Additional information: https://www.co.carver.mn.us/departments/healthhuman
services/firststreetcentermentalhealth
Ridgeview Mental Health can refer adult hospital patients that are struggling with mental health issues to local
counseling services or inpatient mental health programs. Contact: 9524422191 or
https://www.ridgeviewmedical.org/services/socialservices/mentalhealthchemicaldependency
Canvas Health Scott County Mobile Crisis Services is a shortterm assessment, intervention, and stabilization
service available throughout Scott County. Assistance can be requested by calling 9528183702. Additional
information: https://www.canvashealth.org/location/scottcountymobilecrisis/
Scott County Mental Health Center is an outpatient community mental health clinic which provides diagnostic
assessment, therapy, and consultation services in Scott County. Contact: 9524968481 or
https://www.scottcountymn.gov/290/MentalHealthCenter
Five Stars Recovery Center is located in Chaska and offers a wide variety of counseling and treatment options for
those struggling with drug and alcohol addiction, and their loved ones. Contact: 9524486557 or
https://www.fivestarsrecoverycenter.org/
Additionally, staff has reached out to law enforcement agencies that are placing a high priority on mental health
awareness and resources within their departments. Staff can provide an additional update on those findings at a later
date.
RECOMMENDATION
Staff is looking for discussion and direction from City Council on next steps.
ATTACHMENTS:
NAMI
Make It OK Ambassador Information
Make It OK Informational Pamphlet
Page 1 of 2
NAMI is the National Alliance on Mental Illness, the nation’s largest grassroots organization for people with
mental illness and their families. Founded in 1979, NAMI has affiliates in every state and in more than 1,100
local communities across the country.
What is the NAMI mission?
NAMI is dedicated to the eradication of mental illnesses and to the improvement of the quality of life for
persons of all ages who are affected by mental illnesses.
What does NAMI do?
NAMI members and friends work to fulfill our mission by providing support, education, and advocacy. Our
many activities include:
Public Education and Information Activities
• NAMI's Web Site (www.nami.org) receives over 5.4 million visitors a year who turn to NAMI for
information, referral, and education;
• NAMI's Helpline (1-800-950-6264) is staffed by a dedicated team and serves over 4,000 callers per
month.
Peer Education and Support
• NAMI Educational Programs (Family-to-Family, Peer-to-Peer, NAMI Connection, Hearts and Minds,
and more) provide critical education to help consumers and family members gain knowledge and skills
for living successfully with mental illness.
• Support Groups are provided through many of NAMI's state and local affiliates and offer invaluable
connections with peers who understand the challenges and joys of living with mental illness.
Raising Awareness and Fighting Stigma
• NAMIWalks is a signature NAMI event that draws thousands of concerned citizens every year who
walk together in over sixty communities across the nation to raise money and awareness about mental
illness.
• StigmaBusters responds to inaccurate and hurtful language and portrayals of mental illness in the
media and promotes understanding and respect for those who live with mental illness.
• In Our Own Voice presents deeply personal and moving journeys of recovery by consumers living with
mental illness.
State and Federal Advocacy
• NAMI Advocacy provides a key voice for state and federal public and private-sector policies that
facilitate research, end discrimination, reduce barriers to successful life in the community and promote
timely, comprehensive and effective mental health services and supports.
• NAMI Action Centers, include the Children & Adolescent Action Center, and Law and Criminal Justice
Action Center, the Multicultural Action Center, and the STAR (Consumer Support Technical Assistance
Resource) Center. NAMI's Action Centers advocate for unique populations and develop and
disseminate information to meet specific needs.
To learn more, listen to an online interview with NAMI's president, listen to radio Public Service
Announcements, or download the What is NAMI Fact Sheet (pdf), visit www.nami.org.
What Is NAMI
1919 University Avenue West, Suite 400, St. Paul, MN 55104 Tel. 651-645-2948 or 888-NAMIHELPS www.namihelps.org
Page 2 of 2
What are the benefits of NAMI membership?
All NAMI members receive the benefits of membership at all three levels of the organization, including:
• Membership in the local affiliate, state organization, and NAMI national organizations
• Eligibility to vote in all NAMI elections
• A subscription to The Advocate NAMI’s quarterly magazine, as well as access to optional subscriptions
to specialty newsletters and information at the national, state, and local levels.
• Member discounts on brochures, videos, promotional items, and registration at NAMI’s annual
convention and many state and local conferences.
• Access to exclusive members-only material on www.nami.org
How can I get in contact with NAMI?
NAMI
2107 Wilson Blvd., Suite 300
Arlington, VA 22201-3042
www.nami.org
Main: 703-524-7600
Fax: 703-524-9094
TDD: 703-516-7227
HelpLine: 800-950-NAMI (6264)
Email: info@nami.org
How can I volunteer with NAMI?
As a grassroots organization, NAMI relies on volunteers at all levels of the organization. Contact the NAMI
National HelpLine at info@nami.org or 800-950-6264 for opportunities at the national office as well as referral
to state organizations, affiliates, and NAMIWalks events in your community.
Find out more about:
• Meet the Board
• How NAMI is governed
• NAMI's state and local organizations
• Campaign for the Mind of America
• NAMI's annual reports
• Donating to NAMI
• Employment with NAMI
• Contacting NAMI
• NAMI's Web site
Updated January 2013; April 2017
Make It OK Ambassador
Each year, 1 in 5 adults will experience a mental illness, and 60% do not seek treatment. The sƟgma sur-
rounding mental illnesses is one of the barriers to people geƫng the help they need and deserve.
Make It OK is a campaign that focuses on reducing sƟgma by starƟng conversaƟons about mental illness.
Community outreach, educaƟon and personal stories are helping to dispel myths and reduce the sƟgma
surrounding mental illnesses.
Everyone has the ability to help to “Make It OK” to talk about mental illness and stop sƟgma. You can be-
come an Ambassador to promote the campaign. It’s easy, rewarding, and no experience is needed!
The Role of a Make It OK Ambassador
1. Visit the Make It OK website at www.makeitok.org
Take the pledge
Share your pledge on Facebook or TwiƩer with #MakeItOK
ParƟcipate in the interacƟve tools to check your sƟgma
Explore the tools and resources
2. AƩend a Make It OK Ambassador Training
Learn Ɵps for talking about mental illnesses
Learn how to discuss the sƟgma surrounding mental illness
Learn about a variety of mental health resources
Receive Make It OK materials to help promote the campaign
3. Start the conversaƟon in your community
Talk openly about mental illnesses
Educate others about mental illness and the sƟgma surrounding them
Share resources with your family, friends, co-workers and community
UƟlize the tools and templates to start a campaign in your community, worksite and school
Sign up to be a community speaker
Stay connected with other Make It OK Ambassadors
Mental illness.
Let’s Start talking.
Stop the Stigma.
Here’s what you can do.
Stigma perpetuates misconceptions and
false beliefs about what a mental illness
really is. Mental illness is more common
than diabetes, yet we still struggle with
talking about it compared to a physical
illness. You can stop the stigma and create
positive change by learning the tips for
talking to someone with a mental illness.
Visit MakeItOK.org
1 in 5 people
will have some kind of
mental illness in their
lifetime, and many don’t
get the help they need.
DO SAY:DON’T SAY:
How can I help?It could be worse.
Can I drive you to
an appointment?Just deal with it.
Thanks for sharing.Snap out of it.
I’m sorry to hear that.
It must be tough.
You may have brought
this on yourself.
I’m here for you when
you need me.We’ve all been there.
I can’t imagine what
you’re going through.
You’ve got to pull
yourself together.
I love you.Try thinking happier
thoughts.
How to talk with someone
about mental illness:
It is NEVER too early to start
a conversation with someone
who may be struggling with a
mental illness.
Visit MakeItOK.org for additional
resources and to learn from others.
If you’re in a crisis, or need
immediate help, call 911.
I’m really struggling with anxiety right now...
I’m sorry to hear that, do
you want to talk about it?
I have depression and
I can’t seem to focus
very well lately...
That must be frustrating,
is there something I can
do to help?
What can you say?
Complete the Conversation.
Mental illnesses are treatable
health conditions.
They are not something
to “get over”.
Silence makes it worse.
Join the thousands of people
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pledge and start taking action
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By taking the pledge you will:
LEARN MORE. The more we learn about
mental illnesses, the more common we
realize they are.
START TALKING. The more we talk about
mental illnesses, the closer we come to
stopping the stigma.
PASS IT ON. Encourage others to join by
taking the pledge online.
TO PLEDGE VISIT MAKEITOK.ORG
TAKE THE PLEDGE
to make it
CITY COUNCIL STAFF REPORT
Monday, October 22, 2018
Subject Key Financial Strategy: Sanitary Sewer Inflow/Infiltration Reduction Program
Section 5:30 P.M. WORK SESSION Item No: A.3.
Prepared By Paule Oehme, Public Works
Director/City Engineer
File No: PW254
BACKGROUND
Inflow is clear water that enters the wastewater system from sources such as sewer cleanouts and sump pumps, rain
drains, and building foundation drains connected directly to the public system. Infiltration is clear water (stormwater or
groundwater) that gradually enters the wastewater system below ground through cracks and openings in sewer service
lines, joints, public sewer mains and deteriorated maintenance holes (see Figure 1 for an illustration of I/I sources).
The addition of excessive clear water (inflow and infiltration (I/I)) into local and regional wastewater collection systems
can create multiple problems for these systems, including basement backups, wastewater spills, and the excessive
utilization of remaining pipe capacity reserved for future growth. The Metropolitan Council Environmental Services
(MCES) sanitary service area includes Chanhassen. The city’s wastewater is collected via a large trunk sewer line
which drains from west to east through the city. Prior to wastewater leaving the city via this trunk sewer line, the flows
are metered by the MCES at specific discharge points (currently there are three meters monitored by the MCES),
then these flows are routed to the MCES Blue Lake Wastewater Treatment Plant in Shakopee. I/I that enters the
local wastewater collection is charged as sewer flow. It is in the best interest of the city to minimize the amount of I/I
entering the wastewater collection system. I/I has been an ongoing problem for many communities in the MCES
sanitary service area.
To address problems associated with I/I, the city has put into place multiple programs throughout the years.
Completed in 19992000, the city introduced a home inspection program that aimed at eliminating noncompliant
systems existing in the city and the enforcement of disconnections (inflow). Approximately 300 homes (5% of the total
sewer connections in the city) were found to have noncompliant connections (see Figure 2). In the years following,
the city conducted spot inspections to verify noncompliant systems were disconnected; all systems were found to be
compliant. In 2001, the city completed a feasibility study for sewage flow monitoring which identified all sewage flows
coming into the city system and all flows leaving the city. This report helped identify areas of likely I/I. Other I/I
reduction programs and projects the city has spearheaded are sanitary sewer televising, sewer repair, and beginning in
2007, a Street Reconstruction Program incorporating sanitary sewer repair and replacement. It wasn’t until 2004 that
the MCES began its evaluation of how to deal with excessive I/I by way of the 2004 Task Force, which concluded
that communities with excessive I/I should be accountable for excess costs to the regional system.
On February 8, 2006, the MCES adopted a surcharge program for all communities in their respective service area.
From June 2004 through June 2006, the MCES monitored excess I/I and established I/I goals and metershed
thresholds for each community discharging wastewater into the regional system. These goals and thresholds are the
basis for the adopted MCES surcharge policy. This policy charges cities based on the volume of excess I/I
(exceedance of the peak flow discharge thresholds to the regional system).
CITY COUNCIL STAFF REPORTMonday, October 22, 2018SubjectKey Financial Strategy: Sanitary Sewer Inflow/Infiltration Reduction ProgramSection5:30 P.M. WORK SESSION Item No: A.3.Prepared By Paule Oehme, Public WorksDirector/City Engineer File No: PW254BACKGROUNDInflow is clear water that enters the wastewater system from sources such as sewer cleanouts and sump pumps, raindrains, and building foundation drains connected directly to the public system. Infiltration is clear water (stormwater orgroundwater) that gradually enters the wastewater system below ground through cracks and openings in sewer servicelines, joints, public sewer mains and deteriorated maintenance holes (see Figure 1 for an illustration of I/I sources). The addition of excessive clear water (inflow and infiltration (I/I)) into local and regional wastewater collection systemscan create multiple problems for these systems, including basement backups, wastewater spills, and the excessiveutilization of remaining pipe capacity reserved for future growth. The Metropolitan Council Environmental Services(MCES) sanitary service area includes Chanhassen. The city’s wastewater is collected via a large trunk sewer linewhich drains from west to east through the city. Prior to wastewater leaving the city via this trunk sewer line, the flowsare metered by the MCES at specific discharge points (currently there are three meters monitored by the MCES),then these flows are routed to the MCES Blue Lake Wastewater Treatment Plant in Shakopee. I/I that enters thelocal wastewater collection is charged as sewer flow. It is in the best interest of the city to minimize the amount of I/Ientering the wastewater collection system. I/I has been an ongoing problem for many communities in the MCESsanitary service area.To address problems associated with I/I, the city has put into place multiple programs throughout the years.Completed in 19992000, the city introduced a home inspection program that aimed at eliminating noncompliantsystems existing in the city and the enforcement of disconnections (inflow). Approximately 300 homes (5% of the totalsewer connections in the city) were found to have noncompliant connections (see Figure 2). In the years following,the city conducted spot inspections to verify noncompliant systems were disconnected; all systems were found to becompliant. In 2001, the city completed a feasibility study for sewage flow monitoring which identified all sewage flowscoming into the city system and all flows leaving the city. This report helped identify areas of likely I/I. Other I/Ireduction programs and projects the city has spearheaded are sanitary sewer televising, sewer repair, and beginning in2007, a Street Reconstruction Program incorporating sanitary sewer repair and replacement. It wasn’t until 2004 thatthe MCES began its evaluation of how to deal with excessive I/I by way of the 2004 Task Force, which concludedthat communities with excessive I/I should be accountable for excess costs to the regional system.On February 8, 2006, the MCES adopted a surcharge program for all communities in their respective service area. From June 2004 through June 2006, the MCES monitored excess I/I and established I/I goals and metershedthresholds for each community discharging wastewater into the regional system. These goals and thresholds are thebasis for the adopted MCES surcharge policy. This policy charges cities based on the volume of excess I/I
(exceedance of the peak flow discharge thresholds to the regional system).
Communities who experience such surcharge events metered by the MCES’ surcharge policy have two options in
response to the pecuniary penalties:
1. Direct Surcharge Payments Pay the mitigation amount directly to the MCES as a surcharge. The MCES
annualizes the estimated I/I mitigation cost over a fouryear period and bills proportionately on a monthly basis; or
2. I/I Mitigation Work Plan Perform I/I mitigation work to the value of the surcharge amount. The community
submits an I/I work plan to the MCES outlining a fouryear implementation period of improvements to the
community's I/I problems. Annually, in the fouryear implementation period (or until the estimated I/I mitigation
cost value is reached), the community submits I/I Mitigation Work Verification Forms showing actual costs for I/I
mitigation activities outlined in the work plan.
During the monitoring period, on September 4, 2005, an exceedance event occurred (i.e. unusual heavy rainfall)
above the peak flow discharge threshold. The city’s exceedance totaled 3.89 million gallons per day (MGD). The
MCES surcharge amount for this period was $350,000 per million gallons, which enumerated to an estimated cost of
$1,559,600 to the city. While the city did not receive any grant funds from the MCES to help pay for the surcharge
during this period, from 2010 through 2013, $199,030 was allocated through MCES grant programs. A second
exceedance event of approximately 3.23 MGD occurred on June 19, 2014 at a surcharge amount of $407,000 per
million gallons, totaling $1,315,550. The city has $415,338 left to pay off this surcharge (awaiting completion of 2018
and 2019 work). The city has received $66,346 in grant funds to date (20142016) from the MCES to help pay for
the surcharge through the I/I Mitigation Work Plan, with potential available funds for 20172019 totaling $99,352.
The type of work eligible through an I/I Mitigation Work Plan for reducing mitigation costs include: temporary flow
monitoring, CCTV inspections, installing watertight MH covers in vulnerable areas, pipe lining, and line replacement
(see Figure 3 for more details on eligible improvements and amounts).
The city’s sanitary sewer system consists of approximately 343,000 linear feet (65 miles) of 6inch to 42inch
diameter vitrified clay pipe (VCP), acrylonitrile butadiene styrene (ABS), reinforced concrete pipe (RCP), ductile iron
pipe (DIP), and polyvinyl chloride (PVC) plastic sewer pipe, along with the many appurtenances associated with a
large sanitary sewer system (lift stations, force mains, manholes, etc.). The city’s system was originally constructed in
the 1950s with a majority of the system being constructed in the 1970s and 1980s.
Because of the age of the city’s sanitary system and the unique challenges associated with I/I, if the city does not invest
in improvements to the wastewater system or does not directly address the problem of I/I in our community, mitigation
costs and surcharges will continue indefinitely. Thus, since the implementation of the MCES’ surcharge policy, the city
has engaged in improving I/I under the I/I Mitigation Work Plan. See Figure 5 for all I/I studied and improved areas
since 2006 (all sewer lines highlighted in red have been studied or improved, all lines in green represent areas
that have yet to be studied or improved).
I/I Mitigation Work Plans are developed around three key principles:
1. To decrease I/I to the sanitary system,
2. Eliminate surcharge, and,
3. Reduce the potential for future excess charges by MCES.
These work plans rely on a capital improvement program (CIP). The proposed CIP is based on identifying and
ranking regions in the city which have I/I problems. It also includes locating specific I/I problems within the identified
regions using sewer televising and visual inspection, and correcting the I/I through the use of pipe repair technologies
and reconstructions.
The first Mitigation Work Plan and subsequent CIP in 2007 focused on the gravity sewer mains that connected
directly to the MCES Interceptor and lift station service areas having the highest increases in lift station run times
during peak events. Upon completion of repair and upgrades to these critical areas, succeeding work plans and CIPs
focused on continual identification of I/I problematic zones (studies and televising based on historically saturated areas
and type of pipe) and implementing the street reconstruction program with I/I upgrades and improvements.
CITY COUNCIL STAFF REPORTMonday, October 22, 2018SubjectKey Financial Strategy: Sanitary Sewer Inflow/Infiltration Reduction ProgramSection5:30 P.M. WORK SESSION Item No: A.3.Prepared By Paule Oehme, Public WorksDirector/City Engineer File No: PW254BACKGROUNDInflow is clear water that enters the wastewater system from sources such as sewer cleanouts and sump pumps, raindrains, and building foundation drains connected directly to the public system. Infiltration is clear water (stormwater orgroundwater) that gradually enters the wastewater system below ground through cracks and openings in sewer servicelines, joints, public sewer mains and deteriorated maintenance holes (see Figure 1 for an illustration of I/I sources). The addition of excessive clear water (inflow and infiltration (I/I)) into local and regional wastewater collection systemscan create multiple problems for these systems, including basement backups, wastewater spills, and the excessiveutilization of remaining pipe capacity reserved for future growth. The Metropolitan Council Environmental Services(MCES) sanitary service area includes Chanhassen. The city’s wastewater is collected via a large trunk sewer linewhich drains from west to east through the city. Prior to wastewater leaving the city via this trunk sewer line, the flowsare metered by the MCES at specific discharge points (currently there are three meters monitored by the MCES),then these flows are routed to the MCES Blue Lake Wastewater Treatment Plant in Shakopee. I/I that enters thelocal wastewater collection is charged as sewer flow. It is in the best interest of the city to minimize the amount of I/Ientering the wastewater collection system. I/I has been an ongoing problem for many communities in the MCESsanitary service area.To address problems associated with I/I, the city has put into place multiple programs throughout the years.Completed in 19992000, the city introduced a home inspection program that aimed at eliminating noncompliantsystems existing in the city and the enforcement of disconnections (inflow). Approximately 300 homes (5% of the totalsewer connections in the city) were found to have noncompliant connections (see Figure 2). In the years following,the city conducted spot inspections to verify noncompliant systems were disconnected; all systems were found to becompliant. In 2001, the city completed a feasibility study for sewage flow monitoring which identified all sewage flowscoming into the city system and all flows leaving the city. This report helped identify areas of likely I/I. Other I/Ireduction programs and projects the city has spearheaded are sanitary sewer televising, sewer repair, and beginning in2007, a Street Reconstruction Program incorporating sanitary sewer repair and replacement. It wasn’t until 2004 thatthe MCES began its evaluation of how to deal with excessive I/I by way of the 2004 Task Force, which concludedthat communities with excessive I/I should be accountable for excess costs to the regional system.On February 8, 2006, the MCES adopted a surcharge program for all communities in their respective service area. From June 2004 through June 2006, the MCES monitored excess I/I and established I/I goals and metershedthresholds for each community discharging wastewater into the regional system. These goals and thresholds are thebasis for the adopted MCES surcharge policy. This policy charges cities based on the volume of excess I/I(exceedance of the peak flow discharge thresholds to the regional system).Communities who experience such surcharge events metered by the MCES’ surcharge policy have two options inresponse to the pecuniary penalties:1. Direct Surcharge Payments Pay the mitigation amount directly to the MCES as a surcharge. The MCESannualizes the estimated I/I mitigation cost over a fouryear period and bills proportionately on a monthly basis; or2. I/I Mitigation Work Plan Perform I/I mitigation work to the value of the surcharge amount. The communitysubmits an I/I work plan to the MCES outlining a fouryear implementation period of improvements to thecommunity's I/I problems. Annually, in the fouryear implementation period (or until the estimated I/I mitigationcost value is reached), the community submits I/I Mitigation Work Verification Forms showing actual costs for I/Imitigation activities outlined in the work plan.During the monitoring period, on September 4, 2005, an exceedance event occurred (i.e. unusual heavy rainfall)above the peak flow discharge threshold. The city’s exceedance totaled 3.89 million gallons per day (MGD). TheMCES surcharge amount for this period was $350,000 per million gallons, which enumerated to an estimated cost of$1,559,600 to the city. While the city did not receive any grant funds from the MCES to help pay for the surchargeduring this period, from 2010 through 2013, $199,030 was allocated through MCES grant programs. A secondexceedance event of approximately 3.23 MGD occurred on June 19, 2014 at a surcharge amount of $407,000 permillion gallons, totaling $1,315,550. The city has $415,338 left to pay off this surcharge (awaiting completion of 2018and 2019 work). The city has received $66,346 in grant funds to date (20142016) from the MCES to help pay forthe surcharge through the I/I Mitigation Work Plan, with potential available funds for 20172019 totaling $99,352.The type of work eligible through an I/I Mitigation Work Plan for reducing mitigation costs include: temporary flowmonitoring, CCTV inspections, installing watertight MH covers in vulnerable areas, pipe lining, and line replacement(see Figure 3 for more details on eligible improvements and amounts).The city’s sanitary sewer system consists of approximately 343,000 linear feet (65 miles) of 6inch to 42inchdiameter vitrified clay pipe (VCP), acrylonitrile butadiene styrene (ABS), reinforced concrete pipe (RCP), ductile ironpipe (DIP), and polyvinyl chloride (PVC) plastic sewer pipe, along with the many appurtenances associated with alarge sanitary sewer system (lift stations, force mains, manholes, etc.). The city’s system was originally constructed inthe 1950s with a majority of the system being constructed in the 1970s and 1980s. Because of the age of the city’s sanitary system and the unique challenges associated with I/I, if the city does not investin improvements to the wastewater system or does not directly address the problem of I/I in our community, mitigationcosts and surcharges will continue indefinitely. Thus, since the implementation of the MCES’ surcharge policy, the cityhas engaged in improving I/I under the I/I Mitigation Work Plan. See Figure 5 for all I/I studied and improved areassince 2006 (all sewer lines highlighted in red have been studied or improved, all lines in green represent areasthat have yet to be studied or improved). I/I Mitigation Work Plans are developed around three key principles:1. To decrease I/I to the sanitary system,2. Eliminate surcharge, and,3. Reduce the potential for future excess charges by MCES.These work plans rely on a capital improvement program (CIP). The proposed CIP is based on identifying andranking regions in the city which have I/I problems. It also includes locating specific I/I problems within the identifiedregions using sewer televising and visual inspection, and correcting the I/I through the use of pipe repair technologiesand reconstructions. The first Mitigation Work Plan and subsequent CIP in 2007 focused on the gravity sewer mains that connecteddirectly to the MCES Interceptor and lift station service areas having the highest increases in lift station run timesduring peak events. Upon completion of repair and upgrades to these critical areas, succeeding work plans and CIPsfocused on continual identification of I/I problematic zones (studies and televising based on historically saturated areas
and type of pipe) and implementing the street reconstruction program with I/I upgrades and improvements.
MCES Work Plan
The MCES has completed several I/I projects on their trunk main in the past 10 years. Figure 6 shows the sections of
trunk sewer that the MCES has lined and made repairs to (highlighted in pink). In 2018, the MCES completed
televising the remaining sewer system in Chanhassen. The MCES is planning to complete an I/I project in 2019 or
2020 on the trunk sewer west of Galpin Boulevard in the proposed Lennar development parcel (highlighted in
yellow).
DISCUSSION
Since the inception of MCES’ surcharge policy in 2006, the city has focused on repairs and upgrades to critical I/I
areas within the public sanitary sewer system. By continually inspecting the public sewer system and making the
needed repairs to the sewer mains and maintenance holes through its I/I Work Plans and Street Rehabilitation
Programs, the city has been able to reduce I/I to some degree. Even with increasing populations and rainfall, the city
has seen a reduction in the amount of wastewater sent to the regional system. The MCES quantified this in a 2016
analysis of their regional metersheds (see Figure 7, total precipitation increased while sewer flows decreased).
However, the MCES has found that up to 80% of clear water entering the public sewer system comes from private
infrastructure at homes, businesses, and institutions.Key indicators of possible I/I from private infrastructure are the
year the infrastructure was constructed and the material used.
Increased inflow during storm events in other communities have been directly associated with roof drains and
foundation drains that are connected to local sewer mains. The State Board of Health adopted the Minnesota
Plumbing Code in 1933. The 1969 revision to the plumbing code included a provision that stormwater shall not be
drained into sewers intended for sanitary sewer. Many homes built in the community prior to the 1969 building code
revision are estimated to have subsurface drains connected directly to the private sanitary sewer service.There are
approximately 733 parcels that were developed prior to 1969 (see Figure 4). Sanitary Sewer lift station run times
suggest there is a high likelihood private services are significantly contributing to the city’s I/I problem.
RECOMMENDATION
Staff is recommending continuing with the current I/I public improvement program until the system has been fully
inspected and necessary repairs made. Also, in order for the city to continue the progress it has made, it is staffs’
recommendation to complete a study to determine if private lateral connections and private infrastructure are a major
source of I/I. A consultant would need to be hired to complete a study which would include field investigations, flow
monitoring, lift station monitoring and potentially private infrastructure inspections.
ATTACHMENTS:
Figure 1
Figure 2
Figure 3
Figure 4
Figure 5
Figure 6
Figure 7
CITY COUNCIL STAFF REPORT
Monday, October 22, 2018
Subject Invitation to Community Clean Up for Water Quality Event, Saturday, October 27
Section PUBLIC ANNOUNCEMENTS Item No: C.1.
Prepared By Jill Sinclair, Environmental Resources
Specialist
File No:
SUMMARY
The Chanhassen City Council invites all residents and service groups to volunteer on Saturday, October 27 to help
"Clean Up for Water Quality." Volunteers will work with the Chanhassen Environmental Commission and the Riley
PurgatoryBluff Creek Watershed District to rake, sweep or shovel leaves, dirt and debris from curbs and streets at
designated locations throughout the city. This organic material is a major source of water pollution that causes
excessive algae growth and depletes oxygen needed for fish and native plants. Impervious surface such as city streets
provide a pathway for phosphorous to get to local lakes.
Volunteers are asked to register on the city’s website and select a designated street to help clean. The clean up will
take place from 9:30 am until noon on Saturday, October 27. Visit the city’s website at
www.ci.chanhassen.mn.us/cleanup for more information and to register. It’s time to clean up for water quality!
CITY COUNCIL STAFF REPORT
Monday, October 22, 2018
Subject Approve City Council Minutes dated October 8, 2018
Section CONSENT AGENDA Item No: D.1.
Prepared By Nann Opheim, City Recorder File No: N/A
PROPOSED MOTION
“The City Council approves the minutes dated October 8, 2018.”
Approval requires a Simple Majority Vote of members present.
ATTACHMENTS:
City Council Work Session Minutes dated October 8, 2018
City Council Summary Minutes dated October 8, 2018
City Council Verbatim Minutes dated October 8, 2018
CHANHASSEN CITY COUNCIL
WORK SESSION
OCTOBER 8, 2018
Mayor Laufenburger called the work session to order at 5:30 p.m.
COUNCIL MEMBERS PRESENT: Mayor Laufenburger, Councilwoman Tjornhom,
Councilman McDonald, Councilwoman Ryan, and Councilman Campion
STAFF PRESENT: Todd Gerhardt, Kate Aanenson, Paul Oehme, Todd Hoffman and Greg
Sticha
PUBLIC PRESENT:
Mark Halla 6055 Highway 212, Chaska
Julia Coleman 434 Mission Hills Way East
Gary and M. Halama 670 Creekwood Street
Don Halla 485 Pioneer Trail
Bob Ayotte 6213 Cascade Pass
2019-2023 CIP REVIEW.
Greg Sticha reviewed items in the capital improvement program including the equipment
replacement fund. Councilwoman Ryan asked about the increase in cost for the light duty truck,
security upgrades for City Hall in 2023 and if there are security concerns that need to be
addressed sooner. Mayor Laufenburger asked about the trade in value for an excavator. Greg
Sticha continued with review of the park dedication fund. Mayor Laufenburger asked staff what
is expected for future revenues in the park dedication fund. Councilwoman Ryan expressed
concern with the park dedication fund going below $1 million dollars and asked if $200,000 for
trail construction needs to be spent in 2019 or held off. Todd Hoffman explained that the
$200,000 for trail construction is connected to the Control Concepts project. Greg Sticha
discussed the place holder in the capital improvement program for the park replacement fund.
Mayor Laufenburger asked for clarification of the park replacement fund. Paul Oehme discussed
street upgrades and comments from the neighborhood meeting for the Powers Boulevard and
Lake Lucy Road pedestrian crossing improvements in 2019, review of the annual street repair
projects, and Highway 101 and Lyman Boulevard improvements. Councilman Campion asked
about Market Boulevard, and 79th Street and Great Plains Boulevard improvements in the
future. Councilmembers discussed possible solutions to left turn and stacking issues on Great
Plains Boulevard. Paul Oehme explained that staff is continuing to monitor those intersections.
Mayor Laufenburger asked staff for clarification of costs associated with specific line items.
City Council Work Session – October 8, 2018
2
DISCUSSION OF 2019 SPECIAL REVENUE AND ENTERPRISE FUND BUDGETS.
Greg Sticha reviewed special revenue funds for the charitable gambling fund, cable television
fund, and cemetery fund. Enterprise funds include water operations, sewer operations, and
storm water management fund.
DISCUSSION OF DOWNTOWN VISION PLAN.
Kate Aanenson reviewed changes made to the downtown vision plan on page 6 regarding
employment numbers and growth. Councilwoman Ryan expressed concern that grocery is
mentioned under retail and asked that grocery be deleted. Mayor Laufenburger asked if this
document is a guide for council members regarding uses or the consultant’s input on what
they’ve observed. Councilman Campion asked if the consultant could be challenged on
additional grocery under retail. Councilwoman Ryan suggested that contemporary retail on page
8 be changed to use the word current. Kate Aanenson clarified changes suggested for items
listed on pages 14 and 15. Councilmembers discussed whether to keep grocery stores in the
vision plan under retail or take it out.
FLOOD PLAIN ORDINANCE UPDATE.
Kate Aanenson reviewed changes made by FEMA mapping property in the flood plain and
explained that this ordinance change needs to be adopted by December 23rd. She outlined the
schedule of the Planning Commission holding a public hearing before the item is brought to the
City Council at their December 10th meeting.
MARK HALLA PRESENTATION.
Mark Halla handed out a packet requesting a change in zoning for the Halla family property
which consists of about 75 acres with a highway running through it. He showed concept
drawings of potential development plans which would include installation of sewer and water.
The Halla family is requesting that the zoning be changed to 12 to 14 units per acre in the 2040
Comprehensive Plan. Councilman Campion asked if developers have been contacted. Mark
Halla stated the family has received offers from developers to buy their property. Mayor
Laufenburger clarified that currently the property is zoned agricultural and large lot residential.
Councilman McDonald asked about feedback from the community. Mark Halla explained that
Maryanne Halama has had discussions with neighbors who would favor that sewer and water be
provided. All neighbors were in agreement with the exception of Marty Schutrop.
Councilwoman Tjornhom asked about impact on streets and the environment associated with
changing the zoning from residential to high density and the impacts that the development of
Avienda will have on this change. Todd Gerhardt explained that if council wants to move
City Council Work Session – October 8, 2018
3
forward with a change in zoning the item should go to Planning Commission to hold a public
hearing. Mayor Laufenburger recommended that the Planning Commission hold a public
hearing on this request for a change in zoning to high density and bring the item back to City
Council the end of November.
Mayor Laufenburger adjourned the work session at 7:05 p.m.
Submitted by Todd Gerhardt
City Manager
Prepared by Nann Opheim
CHANHASSEN CITY COUNCIL
REGULAR MEETING
SUMMARY MINUTES
OCTOBER 8, 2018
Mayor Laufenburger called the meeting to order at 7:07 p.m. The meeting was opened
with the Pledge to the Flag.
COUNCIL MEMBERS PRESENT: Mayor Laufenburger, Councilwoman Tjornhom,
Councilman McDonald, Councilwoman Ryan, and Councilman Campion
STAFF PRESENT: Todd Gerhardt, Paul Oehme, and Roger Knutson
PUBLIC PRESENT:
Jessica Pettingill 8702 Chanhassen Hills Drive No.
Jon Helper 1415 June Avenue
Mack Titus 2747 Century Trail
Don Amorosi 2368 Grays Landing
Clare Judge 19118 Townline Road
Ellie Turk 5895 Maple Forest, Minnetrista
Maddie Mansich 8788 Darrel Road, Eden Prairie
Witterschein 7150 Harrison Hill Trail
A. Schieffert 5044 Juinta Avenue, Edina
PUBLIC ANNOUNCEMENTS. None.
Councilwoman Tjornhom moved, Councilman McDonald seconded to approve the agenda
as amended deleting item J(1). All voted in favor and the motion carried unanimously with
a vote of 5 to 0.
CONSENT AGENDA: Councilman McDonald moved, Councilman Campion seconded to
approve the following consent agenda items pursuant to the City Manager’s
recommendations:
1. Approval of City Council Minutes dated September 24, 2018
2. Receive Planning Commission Minutes dated September 18, 2018
3. Approve Consultant Contracts and Joint Powers Agreement with Carver County for the
Highway 101 Improvements (Pioneer Trail to Flying Cloud Drive)
City Council Summary – October 8, 2018
2
4. Resolution #2018-45: Orchard Lane Area Street & Utility Reconstruction Project:
Receive Feasibility Study and Call Public Hearing
5. Resolution #2018-46: Approve Purchase of 2018 CIP Parks Department Water Truck
6. Resolution #2018-47: Accept Donation from Charter Bank for Senior Center 2018
Holiday Party
7. Approve Satisfaction and Release of Special Assessment Agreement with Apple
American Limited Partnership
8. Accept Bid for Audio Visual Upgrades to City Council Chambers Equipment
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
VISITOR PRESENTATIONS. Mack Titus, 2747 Century Trail asked for clarification on how
to proceed with civil law enforcement issues with the management company managing where he
currently lives. He provided background on the same management company that managed the
property where he lived in Illinois. He asked who is responsible for conducting background
checks on employees of the management company.
PUBLIC HEARING: APPROVAL OF ON-SALE BEER AND WINE LICENSE FOR
CHEFJESS LLC, DBA CAFÉ THYME, 7850 MARKET BOULEVARD.
Todd Gerhardt presented the staff report on this item. The applicant Jessica Pettingill, 8702
Chanhassen Hills Drive North provided background information on being a trained chef and her
plans for Café Thyme. Mayor Laufenburger opened the public hearing. No one spoke and the
public hearing was closed.
Councilwoman Ryan moved, Councilman McDonald seconded that the City Council
approves the request for an on-sale beer and wine license from Chefjess LLC doing
business as Café Thyme. All voted in favor and the motion carried unanimously with a
vote of 5 to 0.
PUBLIC HEARING: APPROVAL OF OFF-SALE INTOXICATING LIQUOR LICENSE
FOR YAYIN GADOL, LLC DBA TOP TEN LIQUORS, 19900 WEST 78TH STREET.
Todd Gerhardt presented the staff report on this item. The applicant Jon Halper provided
information on moving Top Ten Liquors into the space currently occupied by Haskell’s. Mayor
Laufenburger opened the public hearing. No one spoke and the public hearing was closed.
Councilman McDonald moved, Councilman Campion seconded that the City Council
approves the request for an off-sale intoxicating liquor license from Yayin Gadol, LLC
City Council Summary – October 8, 2018
3
doing business as Top Ten Liquors located at 19900 West 78th Street. Approval of the
license would be contingent upon satisfactory background investigation results and final
approval by the Minnesota Alcohol and Gambling Department. All voted in favor and the
motion carried unanimously with a vote of 5 to 0.
COUNCIL PRESENTATIONS. None.
ADMINISTRATIVE PRESENTATIONS. Todd Gerhardt recognized Dean Schmeig who
retired after 35 years of service with the City.
CORRESPONDENCE DISCUSSION. Councilman McDonald noted the Facebook comments
regarding the Fire Department Open House which was held on September 25, 2018.
Councilman McDonald moved, Councilwoman Ryan seconded to adjourn the meeting. All
voted in favor and the motion carried unanimously with a vote of 5 to 0. The City Council
meeting was adjourned at 7:30 p.m.
Submitted by Todd Gerhardt
City Manager
Prepared by Nann Opheim
CHANHASSEN CITY COUNCIL
REGULAR MEETING
OCTOBER 8, 2018
Mayor Laufenburger called the meeting to order at 7:07 p.m. The meeting was opened
with the Pledge to the Flag.
COUNCIL MEMBERS PRESENT: Mayor Laufenburger, Councilwoman Tjornhom,
Councilman McDonald, Councilwoman Ryan, and Councilman Campion
STAFF PRESENT: Todd Gerhardt, Paul Oehme, and Roger Knutson
PUBLIC PRESENT:
Jessica Pettingill 8702 Chanhassen Hills Drive No.
Jon Halper 1415 June Avenue
Mack Titus 2747 Century Trail
Don Amorosi 2368 Grays Landing
Clare Judge 19118 Townline Road
Ellie Turk 5895 Maple Forest, Minnetrista
Maddie Mansich 8788 Darrel Road, Eden Prairie
Witterschein 7150 Harrison Hill Trail
A. Schieffert 5044 Juinta Avenue, Edina
Mayor Laufenburger: Well good evening and welcome to those of you that are in the council as
well as those of you that may be watching on Mediacom cable TV at home or via world wide
web from the Livestream on the City of Chanhassen website. We have no public announcements
tonight but we will begin by first acknowledging that all members of the council are with us this
evening along with City Manager Mr. Gerhardt who’s returned from his conference out east
along with our City Attorney Roger Knutson and other members present. Our first item is our
consent agenda. Actually before I do that is there any modification to the agenda, tentative
agenda as it was printed? There being no, yes.
Todd Gerhardt: Mr. Mayor?
Mayor Laufenburger: Yes.
Todd Gerhardt: We covered item J(1) during our work session so if we could just delete item
J(1) after adjournment.
Mayor Laufenburger: Okay, that item actually was covered in the work session. Item number 4
so we will modify the agenda by deleting item J(1). Any other modifications Mr. Gerhardt?
Chanhassen City Council – October 8, 2018
2
Todd Gerhardt: That’s it.
Mayor Laufenburger: Okay. May I have a motion to approve the modified agenda please?
Councilwoman Tjornhom: So moved.
Councilman McDonald: Second.
Mayor Laufenburger: Councilmember Tjornhom and a second from Mr. McDonald.
Councilwoman Tjornhom moved, Councilman McDonald seconded to approve the agenda
as amended deleting item J(1). All voted in favor and the motion carried unanimously with
a vote of 5 to 0.
CONSENT AGENDA: Councilman McDonald moved, Councilman Campion seconded to
approve the following consent agenda items pursuant to the City Manager’s
recommendations:
1. Approval of City Council Minutes dated September 24, 2018
2. Receive Planning Commission Minutes dated September 18, 2018
3. Approve Consultant Contracts and Joint Powers Agreement with Carver County for the
Highway 101 Improvements (Pioneer Trail to Flying Cloud Drive)
4. Resolution #2018-45: Orchard Lane Area Street & Utility Reconstruction Project:
Receive Feasibility Study and Call Public Hearing
5. Resolution #2018-46: Approve Purchase of 2018 CIP Parks Department Water Truck
6. Resolution #2018-47: Accept Donation from Charter Bank for Senior Center 2018
Holiday Party
7. Approve Satisfaction and Release of Special Assessment Agreement with Apple
American Limited Partnership
8. Accept Bid for Audio Visual Upgrades to City Council Chambers Equipment
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
VISITOR PRESENTATIONS.
Mayor Laufenburger: Good evening sir.
Chanhassen City Council – October 8, 2018
3
Mack Titus: My name is Mack Titus. I live at 2747 Century Trail here in Chanhassen. Been a
resident for a little over a year.
Mayor Laufenburger: Welcome Mr. Titus.
Mack Titus: This morning I attended a session at the Senior Center called Details with the
Deputies. Sheriff’s deputy spoke and added to my store of knowledge about law enforcement
here but the question I had which went unanswered was civil law enforcement as opposed to
criminal law enforcement. One of the reasons I’m interested in this is that the community that I
moved into here is a managed community and the management company is the same company
that I had in Illinois where I previously lived and I know from my work on the senior committee
that we’re identifying clusters of seniors. The same company management company manages at
least one of the senior centers, or age restricted communities here.
Mayor Laufenburger: In Chanhassen?
Mack Titus: Yeah Powers Ridge.
Mayor Laufenburger: Okay.
Mack Titus: Why am I interested in this enforcement? I’ve discovered some of the same
accounting curiosities here in our association as I did in the Illinois association. Excessive
budgeting of a line item is one of those. In this case the irrigation system water has been
excessively budgeted on average about 70 percent for a number of years. I went back to 2015. I
think long before that. So where does this excess go? It goes into some account called
Operating, the Operating Equity Account. Not sure where that’s located but that account now
equals about 40 percent of our annual operating budget. And there’s a question, well versus the
GAAP recommendation of about 5 to 10 percent GAAP. G-A-A-P.
Mayor Laufenburger: Yep, Generally Accepted Accounting Principles.
Mack Titus: Yep. And there’s also a question about the, whether or not the account is earning
any interest. It now equals about $130,000 and I’ve only been able to detect any interest in 2017
I think of about 2/10th’s of 1 percent. In ’15 I couldn’t detect, or couldn’t find interest. ’16 I
could find interest and so far in ’18. Why am I particularly interested in this also, why is this a
real concern? This is a photograph of a unit in the community in which I previously lived in
Illinois managed by the same management company called First Service Residential and it shows
that they were struck by lightning. The unit has excessive damage but the other 130 unit owners
in this same neighborhood in that community was organized by neighborhoods, are just now
learning.
Todd Gerhardt: Put that on that piece of paper so Nann can put the camera on it.
Chanhassen City Council – October 8, 2018
4
Mayor Laufenburger: If you put that, there you go. There you go. Perfect. Okay. Okay you
said this is one of how many units?
Mack Titus: Fantastic idea.
Todd Gerhardt: Yeah. Now everybody can see what you mean.
Mack Titus: Yeah it was struck by lightning and the other residents in the community, about 130
of them are now learning that they have to make up the $15,000 deductible on the master
insurance policy which is going to repair this building. Nobody knew this before. Wasn’t
communicated and this is not the first insurance problem that they’ve had there.
Mayor Laufenburger: And this, this was the incident in Illinois is that correct?
Mack Titus: Yes.
Mayor Laufenburger: Okay.
Mack Titus: This is a mug shot of one of the on site controllers that we had.
Mayor Laufenburger: Is this here in Chanhassen?
Mack Titus: No.
Mayor Laufenburger: Okay.
Mack Titus: In Huntley, Illinois. First Service Residential employee and her predecessor was
also let go because he had falsely represented himself as a CPA for years. I think if their
background checks, you know this sort of thing could be picked up on and questions asked.
While I didn’t, I couldn’t ascertain from this morning’s presentation who’s supposed to do these
checks so that would be my question to you.
Mayor Laufenburger: So your question is who was supposed to do the checks on the people who
managed the homeowners association finances at your managed community.
Mack Titus: Yeah.
Mayor Laufenburger: Let me just, can I ask you to pause for just a second?
Mack Titus: Well I’m done yes.
Chanhassen City Council – October 8, 2018
5
Mayor Laufenburger: Well thank you very much Mr. Titus. By the way Mr. Titus have you
brought your questions to the management of your homeowners association?
Mack Titus: Yes. On the, we had a, there was an association meeting last, the last week of
September. I went to it. I was the only resident there. Part of the problem is owner apathy but
the response when I asked about the excessive charges on the irrigation system water was and I
quote, the village is always screwing around with the water rates, unquote.
Mayor Laufenburger: Okay thank you Mr. Titus. Thank you for your presentation. This raises a
question Mr. Knutson I’ll ask of you, does the City in it’s oversight do we have any role in
reviewing or, yeah do we have any oversight of the homeowner associations that operate within
the city of Chanhassen?
Roger Knutson: The general answer is no. We have no oversight over them. Now if someone is
committing a crime like he put up a photo of someone committing a crime.
Mayor Laufenburger: Right.
Roger Knutson: We could be involved in that. You can report that to the police department or to
the City.
Mayor Laufenburger: But if the crime that he’s reporting is what he thinks is perhaps misuse or
lack of fiduciary responsibility with funds is that?
Roger Knutson: That’s not a City issue. That’s not a crime.
Mayor Laufenburger: Okay.
Roger Knutson: That probably would be something the HOA, the association itself can deal
with. I don’t, I’m not familiar with their agreement with.
Mayor Laufenburger: And each of the HOA’s have their own By-laws regarding by-laws and
their constitution and what authority they have.
Roger Knutson: Yes. For example, again I’ve not seen their contract with their management
company but potentially they don’t have to renew it or maybe there’s a breach of that. They can
get rid of them. You’d have to look at that and the HOA association, the owners could get
together and decide what they want to do.
Mayor Laufenburger: Okay. Alright, good counsel. Thank you Mr. Titus for bringing that
forward. Is there any other visitor presentation at this time? Alright with that I will close visitor
presentation and move to our next item on the agenda which is public hearing.
Chanhassen City Council – October 8, 2018
6
PUBLIC HEARING: APPROVAL OF ON-SALE BEER AND WINE LICENSE FOR
CHEFJESS LLC, DBA CAFÉ THYME, 7850 MARKET BOULEVARD.
Mayor Laufenburger: Who’s is this one?
Todd Gerhardt: This would be mine Mayor.
Mayor Laufenburger: Okay Mr. Gerhardt. Just a moment Jess. I’ll give you a chance okay.
Alright, go ahead Mr. Gerhard.
Todd Gerhardt: I’ll give an intro and then Jess you can give a little background about Café
Thyme. This is a public hearing Mayor and council. Chefjess LLC, which is the Limited
Liability Company operating Café Thyme is asking for an on-sale beer and wine license from the
City of Chanhassen and they are residing at 7850 Market Boulevard or other people know it as
the Frankie’s old restaurant space. Background check on the management team and the owners
came back clean. Staff is recommending approval of the on-sale beer and wine license. This is a
public hearing. You can open the public hearing or ask Jessie to come up and give you a little
background on Café Thyme.
Mayor Laufenburger: Well in a moment I’m going to ask Jess to come up forward to just speak
a little bit but are there any questions from council before we do that? Okay, Jessica would you
mind coming up to the podium and just introduce yourself and your address and tell us a little bit
about what you want to do.
Jessica Pettingill: I’m Jessica Pettingill. I’m at 8702 Chanhassen Hills Drive North. We’ve
lived here for about 3 years. I’m a trained chef. I’ve been in the industry for over 25 years. I
trained out in Oregon. I grew up on a small farm in North Dakota. I spent 15, almost 15 years in
the San Francisco Bay area working in various different restaurants, hotels, private chef. I want
to bring the local farm to table concept to Chanhassen because I feel like we have a lot of chains
and there’s a great opportunity for us to be bringing wholesome foods and working with our
local farmers in the community.
Mayor Laufenburger: Okay. Can you talk a little bit about when you plan to open?
Jessica Pettingill: We’re hoping, we were hoping for mid-November. We’re kind of hung up
right now waiting on the State to come back to approve the final plans.
Mayor Laufenburger: Okay, alright. And this is part of Market Square.
Jessica Pettingill: Yes Market Square.
Mayor Laufenburger: Frankie’s.
Chanhassen City Council – October 8, 2018
7
Jessica Pettingill: Yep.
Mayor Laufenburger: Alright. Council any questions of Jess? Okay thank you very much.
Jessica Pettingill: Thank you.
Mayor Laufenburger: Alright this is a public, this requires a public hearing on the approval of
the on-sale beer and wine license so at this time I would like to open the public hearing for
anybody present in the council chambers who would like to comment on the approval or
disapproval of this on-sale beer and wine license. Alright there being none I will close the public
hearing and bring it back to the council for comment or action.
Councilwoman Ryan: Mr. Mayor?
Mayor Laufenburger: Councilmember Ryan.
Councilwoman Ryan: I would like to make a motion that the City Council approves the request
for an on-sale beer and wine license from Chefjess LLC doing business as Café Thyme.
Mayor Laufenburger: Okay.
Councilman McDonald: I’ll second.
Mayor Laufenburger: We have a valid motion and a second. Any discussion?
Councilwoman Ryan moved, Councilman McDonald seconded that the City Council
approves the request for an on-sale beer and wine license from Chefjess LLC doing
business as Café Thyme. All voted in favor and the motion carried unanimously with a
vote of 5 to 0.
Mayor Laufenburger: That motion carries 5-0. Congratulations Jessica. I’ll have this signed
and it will be in Kim Meuwissen’s hands tomorrow morning so okay. Thank you. Good luck to
you.
Todd Gerhardt: Can we do a little business after the meeting?
PUBLIC HEARING: APPROVAL OF OFF-SALE INTOXICATING LIQUOR LICENSE
FOR YAYIN GADOL, LLC DBA TOP TEN LIQUORS, 19900 WEST 78TH STREET.
Mayor Laufenburger: Is this also your’s Mr. Gerhardt?
Todd Gerhardt: It is.
Chanhassen City Council – October 8, 2018
8
Mayor Laufenburger: You got the duo tonight huh?
Todd Gerhardt: It’s a variety of different liquor licenses tonight. This also is a public hearing
for approval of an off-sale intoxicating liquor license for Yayin Gadol LLC, or as Top Ten
Liquors at 19900 West 78th Street or what is known as the Haskell’s Liquor Store. Background
check has come back clean again on this one and staff is recommending approval and you can
open it up for public hearing.
Mayor Laufenburger: Alright before I do that are there any questions of staff from council
members?
Todd Gerhardt: I do think we have a representative Jon from Top Ten Liquors is here this
evening also.
Mayor Laufenburger: Well before I open the public hearing I’ll invite Jon to the podium.
Would you like to introduce yourself and make any comments? Just your name and address.
Jon Halper: Thank you Mayor. Jon Halper. I’m the owner of Top Ten Liquors. We are going
into the space at 19900 West 78th Street and look forward to being part of this community. We
have 8 other liquor stores and this is part of a growing Minnesota business.
Mayor Laufenburger: And with your 8 other stores are they in the Twin Cities or around the
state?
Jon Halper: They’re all in the Twin Cities, yep.
Mayor Laufenburger: All around the Twin Cities. What would be?
Jon Halper: We go from Blaine to Woodbury, St. Louis Park.
Mayor Laufenburger: What’s the closest one you have to us?
Jon Halper: St. Louis Park.
Mayor Laufenburger: St. Louis Park, okay.
Jon Halper: Yep.
Mayor Laufenburger: Alright. And when is it that you plan to occupy that space Jon?
Jon Halper: Probably right around November 1st.
Mayor Laufenburger: Okay. So you’re in the transition of this right now?
Chanhassen City Council – October 8, 2018
9
Jon Halper: That’s correct. This is really the last step in the transaction.
Mayor Laufenburger: Okay, alright. Council members any questions for Mr. Halper? Okay,
thank you very much.
Jon Halper: Thank you.
Mayor Laufenburger: At this time I would like to open the public hearing on this matter. If
there’s anybody present that would like to speak in regard to the issuance of an off-sale
intoxicating liquor license for a company doing business as Top Ten you may step to the
podium. Give us your name and address and your comments. Alright there being none I’m
going to close the public hearing and bring it back to the council for comment or action.
Councilman McDonald: Mr. Mayor?
Mayor Laufenburger: Mr. McDonald.
Councilman McDonald: I’ll make a motion.
Mayor Laufenburger: Alright.
Councilman McDonald: That the City Council approves the request for an off-sale intoxicating
liquor license from Yayin Gadol, LLC doing business as Top Ten Liquors located at 19900 West
78th Street. Approval of the license would be contingent upon satisfactory background
investigation results and final approval by the Minnesota Alcohol and Gambling Department.
Mayor Laufenburger: Alright we have a motion. Is there a second?
Councilman Campion: Second.
Mayor Laufenburger: Thank you Mr. Campion. Any discussion from council? Mr. Gerhardt I
just have a question for you. This is contingent upon final approval. Do you anticipate any
reason why that final approval will not be granted?
Todd Gerhardt: No.
Mayor Laufenburger: And what timeframe will it be granted?
Todd Gerhardt: I would say within the next week and a half.
Mayor Laufenburger: Okay so assuming this passes and I sign this we hold this until the, until
that comes through is that correct?
Chanhassen City Council – October 8, 2018
10
Todd Gerhardt: Sure.
Mayor Laufenburger: Okay, alright. We have a motion and a second. Any further discussion?
Councilman McDonald moved, Councilman Campion seconded that the City Council
approves the request for an off-sale intoxicating liquor license from Yayin Gadol, LLC
doing business as Top Ten Liquors located at 19900 West 78th Street. Approval of the
license would be contingent upon satisfactory background investigation results and final
approval by the Minnesota Alcohol and Gambling Department. All voted in favor and the
motion carried unanimously with a vote of 5 to 0.
Mayor Laufenburger: That motion carries 5-0. Congratulations Mr. Halper. We’re just waiting
for that background coming from the State Alcohol and Gambling and I think you’ll be good to
go and good luck to you and your grand opening. That concludes our formal business this
evening.
COUNCIL PRESENTATIONS. None.
ADMINISTRATIVE PRESENTATIONS.
Mayor Laufenburger: Mr. Gerhardt any administrative presentations?
Todd Gerhardt: I’ve got one item. Just wanted to recognize again Dean Schmeig has retired
from the City with 35 years of service. If you count his time as part time employee at the gate
attendant to Lake Ann he’s got over 40 years of service with the City and so Dean’s going to be
missed. He is always showed up on time. He was dedicated to the City. You know followed
direction. Always, it was kind of funny. Always showed up 15 minutes early but last Friday,
they usually start at 6:30. No Dean. At 7:00 no Dean. Finally at 7:30 Dean walked in and he
said I just wanted to see what it was like to be late and so I kind of started off saying Dean was
going to leave us in good standing but we messed up on our last day so, but no he is definitely
leaving us in good standing and is going to be missed by a lot of people out there and has trained
a variety of people to take over his jobs and those are marking graves and working with Katie
and Jerry on 4th of July and all the special events so Dean was definitely one of the special
employees we had out there. Not a big talker but definitely was a hard worker. So that’s all I
have.
Mayor Laufenburger: Very well thank you. No further administrative presentations?
Todd Gerhardt: No.
CORRESPONDENCE DISCUSSION.
Chanhassen City Council – October 8, 2018
11
Mayor Laufenburger: Is there any comment or question on the correspondence?
Councilman McDonald: Mr. Mayor.
Mayor Laufenburger: Yes sir Mr. McDonald.
Councilman McDonald: Yeah I just wanted to call everybody’s attention to the comments
received from the Fire Department Open House. I think it’s just a continuation of what has
happened year in and year out. Our fire department gets very high marks. It’s very well
respected within the community and I think that what this proves is by the open house they
continue to do an outstanding and excellent job protecting our city so I just wanted everybody to
be aware of that. That the comments that came back again were very positive and I really don’t
see any negative comments at all so hats off to the fire department.
Mayor Laufenburger: Very well. Anybody else comment on the correspondence?
Todd Gerhardt: Mayor just to add to that. Both Don’s and the volunteers do a great job. Don
Nutter really brought some of his expertise from Golden Valley to Chanhassen and worked with
the different schools and did some different things than what Mark Littfin had done in the past so
we’re not just doing the same old, same old. We’re changing it up and we’re hearing positive
comments so.
Mayor Laufenburger: Very well. There being no further comment I’d welcome a motion to
adjourn.
Councilman McDonald moved, Councilwoman Ryan seconded to adjourn the meeting. All
voted in favor and the motion carried unanimously with a vote of 5 to 0. The City Council
meeting was adjourned at 7:30 p.m.
Submitted by Todd Gerhardt
City Manager
Prepared by Nann Opheim
CITY COUNCIL STAFF REPORT
Monday, October 22, 2018
Subject Receive Planning Commission Minutes dated October 2, 2018
Section CONSENT AGENDA Item No: D.2.
Prepared By Nann Opheim, City Recorder File No: N/A
PROPOSED MOTION
“The City Council receives the Planning Commission minutes dated October 2, 2018.”
Approval requires a Simple Majority Vote of members present.
ATTACHMENTS:
Planning Commission Summary Minutes dated October 2, 2018
Planning Commission Verbatim Minutes dated October 2, 2018
CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
SUMMARY MINUTES
OCTOBER 2, 2018
Chairman Aller called the meeting to order at 7:00 p.m.
MEMBERS PRESENT: Andrew Aller, Steve Weick, Nancy Madsen, John Tietz, and Mark
Randall
MEMBERS ABSENT: Mark Undestad, and Michael McGonagill
STAFF PRESENT: Bob Generous, Senior Planner; Sharmeen Al-Jaff, Senior Planner; George
Bender, Assistant City Engineer and Vanessa Strong, Water Resources Coordinator
PUBLIC HEARING:
GLENDALE DRIVE SUBDIVISION REQUEST WITH VARIANCE.
Sharmeen Al-Jaff presented the staff report on this issue. George Bender addressed issues
associated with right-of-way. Vanessa Strong discussed surface water issues, drainage and
utility easements. Chairman Aller asked staff to discuss the new stormwater management
regulations pertaining to the 1 inch requirement for the first inch of rain, the requirement for
additional overstory trees, and the requirement for the one foot differential in the lowest and
highest point of adjacent properties and what impact that would have on water flow. The
applicant Curt Fretham with Lakewest Development, 14525 Highway 7, Minnetonka discussed
the confusion surrounding staff’s request that a through street be stubbed in on the proposed
property, the number of cul-de-sacs in the Stratford Ridge development, how staff is measuring a
possible future cul-de-sac that would require a variance, and the statement in the staff report that
the City’s discretion of approving or denying a preliminary plat is limited to whether or not the
proposed plan meets the standards outlined in the subdivision zoning ordinance. He reiterated
that they are not going to have a through street associated with their proposal. The engineer
Perry Ryan with Lakewest Development addressed issues associated with stormwater
management, that plans were submitted to staff on August 29th and August 31st and have not
heard from staff until this meeting. Chairman Aller opened the public hearing. Jason Watt, 3961
Stratford Ridge read from a handout in which they respectfully submit the following prepared
statement in opposition on behalf of the 15 families residing in the subdivision dedicated as
Stratford Ridge on October 11, 1988. He discussed standards of review for subdivisions and
variances, street connections, fairness, and a conflict of interest of Mr. Dave Headla on the
Planning Commission when the Stratford Ridge development was approved. David Lieser, 3881
Stratford Ridge discussed the potential benefit to a few versus many, if the through street is
installed home values will be severely impacted, the financial impact associated with changing
the name of the street to Leslee Curve, and environmental impact to their properties. Carin
Moore, speaking as the personal representative for the Estate of James and Ruth Boylan at 6760
Planning Commission Summary – October 2, 2018
2
Minnewashta Parkway reviewed issues brought up in her letter to the City regarding
development concept options for her parent’s property, and concerns with drainage from the
proposed development onto their property. Jeff Kersten, 6810 Minnewashta Parkway continued
with discussion of the drop in elevation from the Glendale Drive subdivision to his property and
a concern with stormwater drainage. Chairman Aller closed the public hearing. After
comments and discussion by commission members the following motion was made.
Weick moved, Randall seconded that the Chanhassen Planning Commission recommends
approval of the preliminary plat to subdivide 2.14 acres into five lots and one outlot as
shown in plans stamped Received August 29, 2018 subject to the following conditions of
approval and adopts the findings of fact and recommendation:
SUBDIVISION
Engineering:
1. Deleted.
2. Deleted.
3. Provide ROW over the entirety of the trail along the west side of Minnewashta Parkway.
(The site plan indicates the eastern property line will comply with Condition #3 but the
concern identified in Condition #4 in relation to the existing survey was not addressed.
Therefore, Condition #3 remains as previously indicated.)
4. The survey of existing conditions does not indicate ROW between Glendale Drive and to
the south for approximately 100 feet. (The survey does not correlate with Carver
County’s property information which indicates right-of-way for the road section is in
place but a portion of the bituminous trail on the west side of Minnewashta Parkway is
not within the ROW.)
5. No stationing is shown in the plan set.
6. The drainage and utility easements are shown only on the plat. They should also be
conveyed on the site plan. (D&U easements were added to the grading plan but not the
site and utility plan.)
7. Indicate surface water drainage flow arrows on the grading plan.
8. Provide existing and proposed elevations at the following locations: each lot corner, top
of curb or centerline of the street at each lot line extension, center of proposed driveway
at the curb or edge of the roadway.
Planning Commission Summary – October 2, 2018
3
9. Additional conditions will be identified after the developer has an opportunity to revise
the design based upon the current conditions that are considered to be major in nature as
they will require significant changes to the design.
Water Resources:
1. Private stormwater best management practices (BMPs) are not permitted in public
drainage and utility easements. Private BMPs shall be located outside of public drainage
and utility easements.
2. Easements for private stormwater treatment devices must be recorded against the
properties using the city’s private stormwater easement template and approved by the
City Engineer.
3. A Homeowners Association (HOA) encompassing all lots is required to ensure the
technical expertise and a funding mechanism for the operation and maintenance of
stormwater treatment devices is ensured in perpetuity.
4. Operation and maintenance of private stormwater BMPs is required in perpetuity. An
operation and maintenance plan must be approved by the Water Resources Coordinator
and recorded against the properties that details the HOA’s permanent inspection,
maintenance, and funding mechanism that ensures stormwater BMPs will function as
designed.
5. To ensure stormwater treatment devices function as designed, the developer is
responsible for the operation, maintenance, and performance of all stormwater
improvements including vegetation, structures, soils, inspections, and erosion/sediment
control for the first five years after project completion. After the first five years,
responsibility shall transfer to the HOA. The developer is responsible for ensuring all
stormwater improvements are functioning as designed at the end of the first five years. If
stormwater improvements are not functioning as designed at the end of the first five
years, as determined by the City Engineer, than the developer shall remain responsible
for all operation and maintenance until devices are functioning as designed.
6. Infiltration/filtration basins must be located a minimum of 10’ from the building envelope
of any primary structure.
7. If an emergency overflow route is adjacent to the property the lowest building opening
must be a minimum of one foot above the emergency overflow (City Code Sec. 19-144).
Proposed EOF for lots 1-4 = 978.5’-978’. EOF route proposed onto adjacent property
6760 Minnewashta Parkway with lowest building opening approx. 976’ (window well).
All EOFs routing onto this adjacent property must be 1’ below the lowest floor opening.
Developer may provide a treatment train or single stormwater treatment device on Lot 5
to meet this requirement.
Planning Commission Summary – October 2, 2018
4
8. EOF routes shall not create a hazard or nuisance condition onto adjacent property (City
Code Sec. 7-78).
9. SWPPP contact must be identified.
10. Developer must provide an erosion and sediment control plan, and dewatering plan
approved by the Water Resources Coordinator.
11. Maximum impervious per lot is 25%.
12. All pervious surfaces require six inches of topsoil and 18 inches of decompaction.
Topsoil shall be tested and approved by the Water Resources Coordinator.
13. The developer shall provide an updated Hydrocad model and stormwater management
plan that is consistent with and supports the engineered plans and geotechnical report.
14. The geotechnical report identifies the presence of groundwater at 972 elevation on Lot 5
(SB-1). There must be three feet of separation between the bottom elevation of
stormwater infiltration devices and the water table. Based on the geotechnical report, the
bottom elevation for an infiltration basin on Lot 5 can be no lower than elevation 975.
15. The geotechnical report identifies moderately slow permeability of soils. Basins are
proposed with 12” ponding depth suitable for well draining soils. Basins must be sized to
allow no more than 6” of ponding depth and drawdown within 24-48 hours.
16. Soil borings and infiltration tests must be performed within the perimeter of all basin
locations prior to final approval.
17. Design plans must be provided for all vegetated BMPs including contours, grading, inlet
and outlet structures, underdrains, filtration media/amended soils, location and quantities
of all species used. Ecotype must be native or approved native hybrid.
18. Details must be provided and approved for all stormwater treatment devices.
19. The proposed redevelopment requires Minnehaha Creek Watershed District (MCWD)
development review and permits.
20. It is the applicant’s responsibility to ensure and submit proof that permits are received
from all other agencies with jurisdiction over the project (i.e. Army Corps of Engineers,
DNR, MnDOT, Carver County, MCWD, Board of Water and Soil Resources, PCA, etc.)
prior to the City issuing permits.
21. Project must meet all stormwater requirements of the city and the MCWD.
Planning Commission Summary – October 2, 2018
5
22. Project will require stormwater management fees associated with city development
review and permitting process. Fees can be estimated but cannot be accurately calculated
until approvals have been received from the MCWD.
23. The site plan must identify the ability to install a future stormwater pipe that could
connect the development to a regional pond southeast of the development.
24. The development must use Chanhassen Standard Specifications and Detail Plates.
Parks:
1. In lieu of parkland dedication and/or trail construction, full park dedication fees shall be
collected at the rate in force at the time of final plat approval. At today’s rate, these fees
would total $29,000 (five lots x $5,800 per lot).
Environmental Resources Coordinator:
1. The minimum number of overstory trees required to be planted in the development is 41.
2. Tree preservation fencing shall be installed around existing trees to be saved prior to any
construction activities and remain installed until completion.
3. The applicant shall install the required buffer yard plantings on Lot 5 along Minnewashta
Parkway.
All voted in favor, except Commissioner Tietz who opposed, and the motion carried with a
vote of 4 to 1.
APPROVAL OF MINUTES: Commissioner Madsen noted the verbatim and summary
Minutes of the Planning Commission meeting dated September 18, 2018 as presented.
COMMISSION PRESENTATIONS. None.
ADMINISTRATIVE PRESENTATIONS. Bob Generous presented an update on actions
taken by the City Council and discussed future Planning Commission agenda items.
Commissioner Weick moved to adjourn the meeting. All voted in favor and the motion
carried unanimously with a vote of 5 to 0. The Planning Commission meeting was
adjourned at 9:40 p.m.
Submitted by Kate Aanenson
Community Development Director
Prepared by Nann Opheim
CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
OCTOBER 2, 2018
Chairman Aller called the meeting to order at 7:00 p.m.
MEMBERS PRESENT: Andrew Aller, Steve Weick, Nancy Madsen, John Tietz, and Mark
Randall
MEMBERS ABSENT: Mark Undestad, and Michael McGonagill
STAFF PRESENT: Bob Generous, Senior Planner; Sharmeen Al-Jaff, Senior Planner; George
Bender, Assistant City Engineer and Vanessa Strong, Water Resources Coordinator
PUBLIC HEARING:
GLENDALE DRIVE SUBDIVISION REQUEST WITH VARIANCE.
Aller: For the record this item had been before us before on a prior occasion. The public hearing
was held. If my memory serves me correct at that time, and it should be reflected in the Minutes
we reserve the right to hear from the public again as we would expect different plans tonight so it
is our intention to hold a public hearing on this item. Items before the Planning Commission will
be reviewed in the following order. First the staff report will be presented. Then the applicant
can make it’s presentation and then again tonight we will be hearing I think in a public hearing
on the item. That means that an individual present can come forward, speak either for or against
the item before us. After that the public hearing will be closed. Commissioners will discuss the
item and take appropriate action at that time on the matter. Tonight we have one item before us
and that’s the Glendale Drive Subdivision. It’s a subdivision request with a variance.
Al-Jaff: Chairman Aller, members of the Planning Commission. As mentioned by Chairman
Aller this item did appear before you on August 7th and at that time this application was
recommended for tabling. There were certain issues that we requested that the applicant address
before we move forward with this application and send it to the City Council. So briefly the
applicant is requesting a subdivision for 5 lots. However staff is recommending that a street be
stubbed through this development and the variance is associated with the width of the street
which is recommended by staff. Typical city code requires a 60 foot right-of-way. Due to the
width of all of the streets within that area the right-of-way is at 50. We are recommending a 50
foot right-of-way for consistency within the surrounding area. Again the variance was not
requested by the applicant. This is something that was completely recommended by staff. The
application before you is for a site that has an area of 2.4 acres. It is located south of Glendale
Drive, west of Minnewashta Parkway. There is a small sliver that is currently owned by the City
and the applicant is requesting that it be deeded to them. The site falls within the shoreland
overlay district of Lake Minnewashta. Grades on this property generally slope from the
northwest to the east. The parks in this area are located within half a mile as required by city
Chanhassen Planning Commission – October 2, 2018
2
code. The City’s Comprehensive Plan calls for neighborhood parks to be within half a mile so
again this is consistent. Roundhouse Park is located south of the subject site. One of the issues
that has to do with trails within the vicinity is a bit unclear to us. The applicant has enclosed a
survey that shows the location of the city trail completely within the right-of-way of
Minnewashta Parkway. However based on aerials that we have seen with the county it appears
that a portion of this trail is actually located on the applicant’s property. This is one of the
conditions of approval. We just wanted to point out that should clarification and further research
determine that the trail is actually on the subject site, on this property we are going to require
additional right-of-way. At this point I would like to turn it over to our engineering staff to
address right-of-way issues as well as stormwater.
Bender: Thank you Sharmeen. One thing that I wanted to point out on this slide was that on the
left is a picture from the Carver County property website and on the right is the certified survey
that was submitted as part of the developer’s, or the applicant’s plan set. Some of these are
similar slides that you saw last time. The point of them is just to make sure that we’re reviewing
the same information because the plans aren’t that different than last time. So if you remember
the discussion, there was discussion of a through street. There was discussion of Stratford Ridge
originally being planned to continue up and connect to Leslee Curve at Glendale. There was
discussion of the street you know being an analysis done there could be various options that
could go in order to connect it and the emergency management services and fire department were
you know in favor of the additional access. Staff was in favor of it because primarily you get
two additional accesses off of Minnewashta Parkway that are currently in existence and it would
provide better, it wouldn’t add that much average daily traffic. There wouldn’t be many cars
going through this section and it would be another connection through the area so that it
wouldn’t be primarily just the cul-de-sac. And this kind of showed just generally where the
connection was originally planned to go. This was documents, there were two options that BRW
at the time was the engineer that worked with Stratford Ridge that they prepared. It was different
through routes with two routes of access or egress through the area. This also shows the
temporary cul-de-sac that was at the end of Stratford Ridge in the dashed area here. Option A
was more consistent with what was built out there. With this, or Option B I mean. This is not in.
Here’s the temporary cul-de-sac. Here’s the connection at Minnewashta Parkway. One thing we
wanted to talk about with respect to grading, to allow for the roadway to go through the existing
lot that the applicant is proposing to develop we want to make sure that it leaves options
available to connect Stratford Ridge and Glendale and so there would have to be, make sure that
the right-of-way and the grading is consistent to allow for a consistent grade. So the road has to
be the primary development item, factor rather than the adjacent lot design. There are other
options as far as you know I mean coming in from the south is something that was discussed
with a cul-de-sac. Whether that’s completely fair was part of that discussion. There could be a
cul-de-sac that comes in from the north as well. This would be in lieu of the through street
alternative. This was a ghost plat that was prepared by, originally by the developer to show how
there are, there is another option that the cul-de-sac could be chosen to be extended to the north
from Stratford Ridge. Please keep in mind that, and there will be additional slides that will show
it. This would require a variance because the length of the cul-de-sac would extend beyond 800
Chanhassen Planning Commission – October 2, 2018
3
feet. It’s currently just under 800 feet right now. This is a couple items that we discussed related
to the city code. There’s nothing surprising here. The main point is highlighted in we want to
consider the existing and planned streets as well. The street was planned even though it was a
long time ago. And also the geography and topographic conditions. The second part of this is
also important in that there can’t be any undue hardship on adjoining property owners when it
comes time for them or the right time for them to subdivide their property. This is an item that
the, is a concept. It was prepared by Alliant Engineering. It was done for the property, the
middle property immediately adjacent to the south and provided to the City and it shows that
alternate or another concept of the instead of the cul-de-sac coming from the south it coming in
from the north. One thing that there was multiple concepts that were submitted. This is an
example of one of them. This resident was intending to be at the meeting today and was
planning on speaking so I’ll allow her the opportunity to kind of present some of the other
concepts. These concepts kind of show what could be done. It also shows some of the, some of
the problems of, if there’s 5 lots across the existing proposed, proposal and it essentially seals the
access off to the north so the middle lot would only have access from the south. Staff has looked
at any possibility of that lot connecting to Country Oaks and there’s not enough frontage for that
to happen. And you know one of the goals is still along a collector roadway such as
Minnewashta Parkway as designated in the code is to remove accesses as much as possible. At
this time I’m going to let Vanessa talk about, more about the stormwater items.
Strong: Thank you George. Thank you commissioners. As George mentioned there were many
similarities to the previous submission. The applicant chose to follow their original plan design
but they did provide more information which allowed us to respond with our own conditions and
comments at this time. While one of the primary areas of concern is again the City is still
focused on…to see overflow issue. Where is the water going when it leaves the site at major
rainfall events? We’re not talking about overall is water still flowing to the south. Yes, of
course water is still flowing to the south. We’re talking about focused high volumes of water
during large rainfall events and one of the items that the applicant brought up was a similar
development. I wasn’t here at the time in Fawn Hill. How there’s another EOF that comes in
higher and crosses a lot but honestly it’s a very different development. That one has a very clear
emergency overflow route all the way through the property he was comparing to and out the
other side. This one has all the emergency overflow routes going directly onto that adjacent
property with no outlet so staff doesn’t feel that this meets the city code requirements or the
City’s intent for stormwater management. The City feels that their interpretation of the city code
is appropriate. So if the applicant would still like to follow the 5 rain garden basin plan, city
staff would then recommend instead of discharging those emergency outflows, all of them
directly to the south, that instead they could either do a treatment train which is one basin into
the next, into the next, to the approved far eastern basin where that would have an EOF that
would meet city code. But they also work with the property owner to the south and the City to
make sure that final emergency overflow route does not create undue hardship onto them as well.
That was part of one of our conditions. Alternatively they could simply perhaps swale the back
and just have it all run into a large basin on the far east. Those are two options the City
recommended as alternatives and we would prefer to see at this time. Placement of easements.
Chanhassen Planning Commission – October 2, 2018
4
They did show this time around the drainage and utility easements for city drainage and utilities.
It’s 10 feet in back and 5 feet on the sides to show that these private stormwater treatment
devices are outside of the public easements and that’s very important because these are private.
These aren’t city owned. They’re not city maintained. One concern that I would have is that
because they also have to have now a separate easement on top of these, and our attorney has
drafted up a draft example for this that we’ve used before, is that once you have the City’s
drainage and utility easement in the far back of the corner of the property, you then place a
private stormwater easement on top of that and the easement has to also allow for maintenance
and access of these devices. It really limits really the usable yard of these homeowners and
that’s not necessarily a requirement for stormwater management but it’s certainly something that
I want to point out that once you have all these multiple easements over the rear of their
properties long term enjoyment of it seems very questionable I guess from my perspective.
Additionally the other issue is that, actually can you go back one. The other issue like I said too
is that we also need to see easements for maintenance and access. Not just like that’s where
they’re going to be located but how are they getting to them? I mean if you’re going to have to
run equipment through those to care for them and maintain them how will that occur? Where is
the space designated for that? Because right now it’s true they’re out of the public but once you
put private easements over it you have to designate how that use will work as well. What if they
want to plant trees and shrubs, now how are you getting to these devices in the back corner? So
that will have to be worked out a little bit more as well but it is a concern that staff has definitely
voiced. Soils. We would like the developer to provide an updated hydrocad model and
stormwater management plan that’s a little bit more consistent with and supports their
engineered plans and geotechnical report. They did commit to doing that. Item 10 of their email
to us. We haven’t seen it yet but they are committing to being able to do that as long as it can
meet the design that they have. So right now the site plan design shows where they could be
located and that they’ll fit on the property. The hydrocad model and the stormwater report show
the math and the science to support that that can actually happen there so it’s a multi-phase
requirement so you need both parts to show that it can be done. There are a few concerns how
we did just finally receive the, we did finally receive the full geotechnical report. It did identify
the presence of ground water at 972 elevation on Lot 5. That’s the far eastern lot. At that soil
boring. Now you are required to have 3 feet of separation between the bottom elevation of those
rain garden basins that infiltrate and ground water or seasonally high ground water tables and
that’s to prevent contamination of ground water supplies. If you cannot provide 3 feet of
separation you actually have to then provide a lined basin and then you’re options are filtration
or detention so you end up with a wet pond instead of a rain garden so that is a requirement as
well from staff that we make sure that the soils match the site. They did do soil borings. They
will be required to do soil borings and infiltration tests at the site of the actual pond themselves
or basins themselves or rain gardens. Again a few different areas that staff is really focusing on
is again just a very slow permeability of soils. They are required to show that they are
attempting to achieve infiltration but the soils here aren’t necessarily supporting it at the moment
so we want to make sure that what they design meets what the site conditions are. We don’t
want them to just sit there and pond. This would be the other larger issue that you know staff is
very concerned about. Again they decided to come back again with 5 individual rain gardens
Chanhassen Planning Commission – October 2, 2018
5
recorded individually against each lot. Honestly it’s just simply not acceptable to the City. It
does not meet our code requirements for maintenance access. It doesn’t adequately provide the
operation maintenance and funding mechanism to ensure these devices are going to function in
perpetuity. We’ve had several issues with this happening in the city previously. We don’t allow
it anymore because of that. When individual rain gardens have been recorded against properties
it’s been nothing but trouble and problems for both the property owner and the city so staff feels
very strongly that an HOA is necessary to ensure that there is a mechanism in place long term to
take care of these devices as well as a funding mechanism in that HOA as well. And that would
be the larger key items of staff concerns and staff conditions in the report. There are additional
items in the report so if you have questions I can certainly answer those as well.
Aller: Can we talk about stormwater management with regard to the new regulations that are in
place when they build these locations are not supposed to, well first of all they’re supposed to
meet that 1 inch requirement for the first inch and then what happens to the water thereafter.
Strong: So that for the City at the moment defers a little bit more to Minnehaha Creek
Watershed District. So actually if you click the last. At this time this proposed development
does require Minnehaha Creek Watershed District development review and permitting so they
must go through Minnehaha Creek for the full stormwater management process. In this case
they have the authority and they will be performing that level of review. We’ll be keeping an
eye on it as well but their standards will have to be met for that.
Aller: And then the staff report indicates that the overstory trees, we would need about 41
overstory trees. Is that one of the issues with regard to maintenance and whether or not you can
actually get to those trees to maintain the property?
Strong: That is exactly what staff’s concern is. You have you know multiple requirements that
have to be met and once you meet these multiple requirements in the way that it’s currently
proposed it raises significant concerns for long term maintenance. How do you access? I
consistently run into issues with trees being in drainage and utility easements. They were
planted. People didn’t realize it and it’s a significant issue for the City. Especially when it
becomes rainy like this and we need to get to them quickly to prevent flooding.
Aller: Any additional questions at this point?
Bender: I had more points.
Aller: Mr. Strong please.
Bender: To get back to. Kind of I wanted to note, it’s included in the staff report and you
mentioned with changes to the plans between the original set and this set. I wanted to note that
this set there was no change regarding the street. You know there is still the 5 lots proposed.
There is no provision or right-of-way shown. Another thing I wanted to talk about a little bit,
Chanhassen Planning Commission – October 2, 2018
6
when these lots develop individually it can be a little challenging for the mass grading over the
area to kind of fit the roadway because the adjoining lot lines have to match in when the
development is approved. Now we look at 100 feet to the south but you know unless there’s
going to be a requirement for a significant retaining wall to drop the grade as we’re going
downhill from north to south, you know let’s say the middle lot developed next. They would
have to grade their site internally and then match into that property line to the south again so like
when some of the concepts are kind of shown they may include more than just the original lot.
They may include 2 lots of the 3. They may include all 3 of the 3 but you know if the
development isn’t going to occur as such where it’s going to be more of an individual process
some of that can be very challenging. And the concern is you know making sure that the grade
on the street is the first priority so. And then the only other thing that I was going to mention
that Vanessa was talking about is the geotech report did indicate that that ground water table was
seasonal. It may vary. This is a very typical geotechnical reports. They tend to leave room for
flexibility or variation. So that’s about all.
Aller: Well that brings up another question that I had so thank you for bringing that up.
Bender: Yep.
Aller: I would like an explanation as to the requirement for the one foot differential in the lowest
and highest point of adjacent properties and what impact that would have on water flow.
Strong: Can you rephrase your question?
Aller: So you have, we have a requirement that when you’re developing property the next to the
adjacent property and you have water that’s on that grade that’s going to flow to the neighboring
property, that it has to be a foot or more below that and so I want to know how that works with
this particular development. Or doesn’t work.
Strong: Well that was one of staff’s initial and kind of ongoing issues which is why staff made
the recommendation to outlet the emergency overflow to the far east. As far as the grading and
proposed grading and drainage of this parcel is concerned, all points along that south border are
higher than the lowest floor elevation of the adjacent property to the south and again the water is
being discharged as an emergency overflow to that property and it’s staying on that property. It
has nowhere else to go so yes, they are discharging off of their property but it’s going to
somebody else’s and again it has no place else to go. Now again always done that to some extent
but they’re creating a lot more impervious and we’re talking about now large storm events, we’re
talking about point flows. Focused. High volume. High rate. Large rain event. And so the one
location that does meet city code requirement, just based upon grading is the southeastern corner
of the property or the eastern portion of the property. Although of course that parcel also had
high ground water elevations as well so you know that’s something else the City had to make
note of that they have to meet that as well. But that was also why we said you need to work with
the property owner to the south in this case and city staff to make sure that that route is fully
Chanhassen Planning Commission – October 2, 2018
7
planned out because right now they did comply and do you know showing us the directional
arrows this time which was nice but it doesn’t fully show elevations of all points and it’s not
really showing us exactly where the water is ending up. They’re doing a good job of heading
what direction but what does that mean for that property owner to the south? At this point it’s a
concern that we feel is important to address.
Aller: So we know that there’s a certain level of water that is there at the time of the boring. Do
we know what the water table, the standard water table would be at that location? Or is that yet
to be determined?
Strong: Based upon their geotechnical report it will be consistent with what staff has
experienced. The utility department has experienced at other locations in this area. It is a
seasonally high water table at about you know 972. Again as I pointed out too they have to take
soil borings and infiltration tests at the site of the actual BMP’s because soils and water tables
can vary across a single parcel so you know they’ll need to be able to show that they can
infiltrate.
Aller: Great, thank you. Anything else that you’d like to bring up?
Bender: The only thing that I could add, Minnewashta Parkway is scheduled for a
redevelopment in 2020. As part of that we’ve already done some soil borings along the parkway
in preparation for the plan design to begin and we currently have areas along Minnewashta
Parkway where ground water is oozing up through the street. There is going to be a considerable
amount of drain tile that is going to be needed along Minnewashta Parkway to help control this
so generally the closer that you get to the lake and the eastern part of this site the wetter it’s
expected to be so Glendale does climb and as you get to the western half of the site you know it
should be drier and that was kind of indicated in their soil borings.
Strong: The effect of stormwater of course is the less you can infiltrate the more you are
required to hold on site so you’re basins, whatever type of basins they end up being. Whether
they infiltrate or filter or they’re wet holding pond still grow in size to compensate for the fact
that they now have to hold a larger volume because they’re not able to soak anything in. So it
could affect, certainly impact their overall design if they can’t provide the…
Aller: Great thank you. Does that conclude the staff report or, Commissioner Madsen.
Madsen: With all the questions that you have with regard to where the water will flow. How it
will infiltrate. Is it easy to get the additional information that you need to make a determination
that water will not flow onto that lot to the south or what is required?
Strong: Water is going to flow onto the property to the south. At this point the best mechanism
we have is to follow the code and make sure that the emergency overflow route is lower than the
floor opening of that property. Write conditions to ensure that as that route is fully determined
Chanhassen Planning Commission – October 2, 2018
8
that it doesn’t impact that building or their ability to develop the property but at the most part just
the building itself. They’re going to have to meet Minnehaha Creek watershed district’s
development review because we haven’t seen that. They could come in with additional
requirements and so we need to see some of these other pieces. You know they did say that they
would submit also additional information for dry wells and cross sections for basins which we
haven’t seen yet but you know as long as those are conditions and they provide them and they
meet the requirements then that would be what we would need to issue them their permit at that
point in time.
Madsen: Thank you. And earlier you had made a comment about how easements affect the
enjoyment of a property and I know, could you just expand upon that? How does that affect it?
Does it limit what trees and shrubs you can plant? Can you put a fence there? Does it actually
make it so that the usable part of your property is smaller?
Strong: It depends on how you want to use it. So for a city drainage and utility easement for
stormwater you are basically allowed to grow grass. We then if you need to put in a fence you
can do an encroachment agreement but that also means if the City needs to come in and do work
we will take your fence down. We’ll have to take your trees down but we won’t replace them as
part of the encroachment agreement. The same is similar for that private easement to allow
maintenance access. It’s basically you’re allowed grass because you need to be able to get in
there with equipment to do the work necessary and if you’re blocked by landscaping and shrubs
and playground equipment, patios, fire pits, you can’t get in there to do the work to make these
things function long term. More importantly, especially like this time of year we see a lot of
inlets and outlets get clogged and we see flooding a lot and so usually we need to have
immediate maintenance access. You don’t want to have to remove large trees. That’s very
expensive. You might not be able to get there in time so yeah I think it really does limit what a
lot of people call about in the city. You know a lot of people are also just happy with grass so
mayb e for them it’d be fine.
Madsen: Okay, thank you.
Strong: But yeah.
Aller: And then before we get into any additional topics, could someone please refresh my
memory and give me a little history lesson on the road construction and tentative road
construction because I know that’s going to be a topic of concern for people and certainly is for
me. So where was it? And where are we now? And where would we like to be?
Bender: If you kind of look at the background picture there’s no road that goes through these,
this applicant’s lot but as part of previous planning, which has not changed, the Stratford Ridge
development was to connect through here. These lots were owned and it was part of a, you know
the future with an undetermined time table. There was you know where do we want to go with
it? That’s kind of why we asked for that intersection analysis from the applicant to be able to
Chanhassen Planning Commission – October 2, 2018
9
kind of work with them. We give them the direction of what is in place and you know if
something different had been submitted or a report prepared about it we could have had
communications that would have you know had discussions about it. What we really want to do
with it is make sure that the, each of the properties has a fair way of developing so that’s the kind
of the primary thing. We also want to have more timely access to the properties for emergency
management services. Another priority is to eliminate more accesses off of our collector roads
so. Where would we like to go with it generally is to find the right way for all 3 of these
properties to eventually develop so.
Aller: Thank you. Are we good?
Al-Jaff: Just that staff is recommending approval of this application with conditions outlined in
the staff report. And if you have additional questions we’ll be happy to answer them.
Aller: So with regard to that roadway what conditions would apply? As requested in the staff
report.
Al-Jaff: Staff is recommending a 50 foot right-of-way.
Aller: ROW.
Al-Jaff: And that it would basically be, provide right-of-way over, oh I’m sorry. Incorporate
provisions for a through street into the site design with a 50 foot right-of-way versus the required
60.
Bender: So the design that include the utility design as well which incorporates conditions 1 and
2. Sorry to interrupt.
Weick: That’s okay. The subdivision lot proposal as shown in the report then would not be
possible correct? So it’s kind of right? They’d have to redraw the lots.
Al-Jaff: That’s correct. They would need to redraw the lots to accommodate a street stub to the
south.
Weick: So you, okay. I mean although it says approving 5 lots for all intensive purposes we
wouldn’t be right?
Al-Jaff: It depends.
Bender: It would be up to 5 lots.
Weick: Okay.
Chanhassen Planning Commission – October 2, 2018
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Bender: And that would be primarily you know a result of what the developer can come up with
and fit in there.
Weick: Okay I just wanted a clarification of what it would look like.
Bender: Yep.
Weick: Thank you.
Aller: Okay at this point in time I’ll let the applicant come forward and make a presentation.
Curt Fretham: Good evening. My name is Curt Fretham, Lakewest Development, 14525
Highway 7, Minnetonka, Minnesota.
Aller: Welcome.
Curt Fretham: I thank you all for hearing our application again tonight. I appreciate the staff’s
efforts that have been put into it and also the neighbors that are here. I’m not sure where to start
on this. There seems to be a lot of confusion. I mean I look at, if the overhead is working
tonight. I look at the staff report as was just pointed out.
Aller: There we go.
Curt Fretham: I look at the staff report and it was just pointed out that staff is recommending a 5
lot development approval and yet I see more confusion when they’re asking for a through street
to be put in and we take a look and not to reiterate what we went through a couple weeks ago but
this is right out of your comprehensive guide plan and it discourages through streets. I mean it
says residential street systems should be designed to discourage through traffic and be
compatible with other transportation modes, etcetera so why are we trying to put in a through
street. And then we talked about this last time too but let’s take a look at the make up of the
neighborhood. Here’s the neighborhood, and I don’t know if that can be zoomed in so it can be
seen a little better but there’s 11 cul-de-sacs in that neighborhood and one through street that I
can see. Why would we put another through street? It’s inconsistent with your comprehensive
guide plan. It’s inconsistent with the make up of the neighborhood. And then I look at there’s
talk about that the property was previously planned for a through street. There was a bunch of
plans. I say baloney. This property’s had 6 sewer and water services paid for, stubbed in. Why
would you put 6 services in and plan for a through street? Give me that answer. Who planned
that? And then there’s talk about the length of the cul-de-sac if they were to expand in the future
on the south that would require a variance. You’re measuring it wrong. We talked about this
last week. You’re measuring down this street. Down this street. Down this street to here to get
to 800 some feet. That is not how the city code calls to measure a cul-de-sac. I mean come on
play by your own rules. Why are we even having this discussion? I look back at the front page
of the staff report from last time, it says right here that the City’s discretion of approving or
Chanhassen Planning Commission – October 2, 2018
11
denying a preliminary plat is limited to whether or not the proposed plan meets the standards
outlined in the subdivision regulations zoning ordinance. If it meets the standards must approve,
I repeat must approve. Why are we talking about this? We’ve got a 5 lot subdivision that meets
the ordinance. Why are we having this discussion? A second time. You asked us to go back,
meet with staff. Address the concerns and we did. So why are you coming back with this pitch
again about a through street? We’re not doing it. I brought our engineer along. He’s going to
address the sewer and stormwater concerns. We believe we can address those. We’ve reached
out. We’re not getting correspondence from the staff. I mean why would we get this dropped on
us tonight? We gave you all this information back on the 30th of August and tonight is the first
we’ve heard that you’re not satisfied. We can address that but let’s get some conversation back
and forth. That’s what I have to say.
Aller: Thank you.
Perry Ryan: Good evening, Perry Ryan, Lakewest Development, 14525 Highway 7,
Minnetonka.
Aller: Welcome Mr. Ryan.
Perry Ryan: Thank you. I just wanted to address a couple of statements that staff brought up.
We did, I believe, I wasn’t here at the August 7th meeting but I did go back and listen to the
whole tape and read the Minutes and I believe, I could be wrong but I believe the direction was
for us to go back, work with staff in general on the stormwater management issues and I can go
back and look at the tape again but I think that was in general what was talked about because we
do in fact have a conforming plat and so I think even many members of the commission agreed
with that so we looked at that. This is the first time, actually yesterday was the first time. We
submitted plans on August 29th and we then submitted subsequent plans. It was a short window
to try to get it done. We were trying to meet that August 31st deadline to stay on the October 2nd
meeting which is tonight and so we did meet with staff approximately, or no I think it was
exactly October 22nd. I’m very sorry, August 22nd. Sorry about that. I was out of town during
the 7th meeting. We met with staff. We talked about resolutions for the stormwater management
and Sharmeen asked me, Ms. Al-Jaff asked me when can you get this back into us and I said I’ll
get it back into you next Wednesday which I did and I sent it back in, and I knew it was a short
fuse and I knew you know we showed what we said we were going to show on there. We
weren’t, we weren’t honestly we, I met with staff for over an hour and as I got up and left Ms.
Al-Jaff said well you know we’re still, we’re still wanting a through street and I said well we’re
not going to show as a through street. We’ll deal with these stormwater issues. So submitted it
on August 29th and I hate to bore you with these logistics but didn’t hear back and so I was
concerned that we weren’t going to meet the 31st deadline. I then submitted the full package on
the 31st. Ms. Strong was kind enough on September 7th to send me an email acknowledging
receipt of my plans on the 29th and the 31st and I apologize that you aren’t seeing our plans from
August 31st but staff did get them and it does have a landscape plan in it and I’m going to show it
to you but anyway they acknowledged receipt of those. Two of the items that Ms. Strong
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brought up today as potential solutions, additional solutions in looking at the rain gardens were
this treatment train or putting a swale in back with a pond entirely on what we’re showing as Lot
5. Those are possibly good solutions. First I’ve ever heard of them. When we submitted these
on the August 29th and August 31st, happy to show you my email. I said I’m happy to come in
anytime with staff to talk about these and any other solutions and I didn’t hear any word at all.
Usually we would hear from staff that your report is done. Or you know we could get together
and change something before the report and heard nothing. I didn’t see the report until I went
online and saw the report so we’ll certainly look at those, at those possible solutions. So to hear,
to hear staff say things like, tonight like the hydrocad report modifications we haven’t seen yet or
a quote was we finally received the geotech report. Well they received the geotech report on
August 31st and we asked to get together and they did not respond so we’re trying to. I think that
the direction from Planning Commission was for us to get together and work out a solution. We
did get together. We gave them our solution based on that meeting and heard nothing from staff
so that’s a little disappointing. I do want to, I guess a couple things. One of the items that, I’m
going to walk through if you can zoom in on Fawn Hill. I know some people think it’s different.
Can you zoom in on that? There you go Sharmeen, thank you. Stop right there. Thank you.
I’m going to go like this. Don’t mind me moving it. Water. Everybody knows what Sir Isaac
Newton came up with on gravity. Water runs downhill. It does not run side hill. It does not run
uphill. It runs downhill and so the way to look at contours is water runs perpendicular across
contours. I want to show you what Fawn Hill did. I’m going to first read I think the quote from
the… Ms. Strong actually mentioned this at the Planning Commission on August 7th. She said
properties are allowed to send stormwater in the natural direction, and I’m going to show the
existing conditions of our property and the proposed conditions on what direction that runs but
the other thing is, I’m going to discuss in light of this Fawn Hill and show exactly what we’re
doing. Very common practice as you talk about emergency overflows. She mentioned Section
19-144 of the code which states if an emergency overflow route is adjacent to the property the
lowest building opening must be a minimum of one foot above the emergency overflow. Very
common sense right? We don’t want this to flood out your basements so the basement’s a foot
above right or your lowest opening. What that means each, what the word property means is the
property’s referring to the property on which the emergency overflow and the building share.
Okay which is very important. Otherwise if it was the definition that they’re choosing, meaning
our downstream property owners, then we could put no ponds anywhere on our property except
the one they like on Lot 5 and I’ll show you on the Fawn Hill one. So Fawn Hill which was
approved. I’ll speak a little louder without the mic, sorry about that. It’s showing a low opening
on Lot 6, and if you guys don’t have this I apologize. This was sent to the city staff back on
August 29th and 31st. The low opening of this lot is at a 974.4. Emergency overflow on this lot
is a 973. Right, it’s over a foot above. Well if you go downstream there’s an emergency
overflow, or sorry a low opening on an adjacent lot about the same distance actually of a 971.8
and one could say well jeepers, your emergency overflow on your lot upstream is 1.2 feet above
that. You can’t do that. That would be using the same rules as staff is imposing on our project.
However the emergency overflow on this lot, or actually it’s neighbor is 970 so it doesn’t flood
out. You could never have subsequent homes and drainage ways and emergency overflows
unless each lot had it’s own emergency overflow. So what we’re trying to show, let me show
Chanhassen Planning Commission – October 2, 2018
13
you our project. Want to zoom out just a little bit please. That’s good, thank you. So we’ve got
our 5 proposed ponds here, here, here, here and here. And they’ve got a low opening on this
house at a 976. Well we placed these ponds very strategically. I’m going to go up here so you
can see it. We placed them at the exact low point of each lot. These ones have an emergency
overflow of a 978.5, 78.5, 78 and a 70. When the water comes out of these, just like it is
currently it is going downstream. Water coming out of this pond cannot go across this hill.
Cannot go sideways. It has to go downhill. Water coming out of this pond comes out this way.
It cannot go sideways. Same thing with this pond. It can only go perpendicular to the contour
lines. It cannot go sideways and come over here. This house also has an emergency overflow at
a 968 and it’s also got a 968 here. Our understanding is there’s a pipe on this low area because
this is landlocked. So we are not affecting that low opening of the adjacent house. There is
absolutely no way unless you can defy the law of gravity that we are going to affect that. The
other thing is, they talk about it negatively affecting the property to the south. This is the
existing drainage pattern. Want to zoom out just a touch again please. This one’s a little bit
different scale, sorry. Little more. Thank you. Good. That’s fine. Doesn’t matter. This is just
the existing contours and again I’m showing drainage lines perpendicular to the contours which
is what drainage does. We put this exactly at the low point of each lot and this is exactly where
the water currently is coming from onto the adjacent property. Common law states you can put
the drainage onto your adjacent property owner as long as it does not exceed it. We are showing
in our hydrocad models we will not exceed the quantity of flow going to our neighbors. There’s
just no question about it. So Ms. Strong also talked about, want to zoom in on this one please.
This is our landscape plan that we gave to staff on August 31st which they acknowledged receipt
of in an email. Can you zoom in on that please? We should put the zoom over here Sharmeen.
Good right there. Right there. Right there. So this plan shows the 41 required trees that they’re
suggesting. It’s not that it’s that many trees. It’s 8 overstory trees per lot I think it is. As you
can see, you know I know there’s a lot of concern on staff’s part that gosh, how are we going to
access this pond. Are we going to have enough? I mean you can look. We’re keeping it out of
the drainage and utility easements. All the plantings. There is a lot of yard area here. There’s a
lot of access even if you had to bring a skid steer in to do something with that pond. There’s
access all over the place for these. It’s not, I just get very concerned that the tone of staff is how
are we going to do this? How are people going to enjoy their lots? Well jeepers how did we get
as many people as we have in Chanhassen right now? People are doing it everywhere where
they’re having to access even ponds and so it’s not, it’s not rocket science. It’s not like it’s never
been done before. Ms. Madsen you asked a question is it easy to get the additional information.
Staff saying we need additional information. We need additional information but when pressed
on that I think Ms. Strong at the end said well, it is going to run downstream. It is going to run to
the neighbor. We just have to make sure that the emergency overflows are correct and I’d even
be happy to, I saw something up there from Alliant Engineering that I’ve never seen before. I’m
not sure why we’re looking at concept plans for the south but I’d be willing to go to, pick another
hydrologic engineer if you’d like. I’m a registered engineer and any engineer that will look at
emergency overflows in the context of saying we cannot have those emergency overflows
dumping onto this property because it’s going to affect this one window over here. That it
absolutely has no way physically getting to unless you pump it there. The water’s going to run
Chanhassen Planning Commission – October 2, 2018
14
downhill so, so additional information. Again Ms. Madsen we tried. We submitted this
information August 31st and we said we would be happy to come, I’m 10 minutes away from this
building. My office is. I said I’d be happy to meet with you guys anytime and we received no
reaction to it other than Ms. Strong was kind enough on September 7th, a week later to
acknowledge receipt of our emails on the 29th and the 31st of August. So we’re always happy to
meet. We want to work the details out. We’ll give the additional detail. The reason we didn’t
give the updated hydrocad models, I really wanted input you know closer to the August 31st date
to say you know here’s what we’ve got. I can certainly provide you with additional information.
Can you give me some reaction on this? So history of the road, again. Again Curt talked about
this project. You know it was just like brought up again about the old plans showing the stub on
Stratford. You know was that good planning? We don’t know. We do know this that there’s 6
utility stubs put along here certainly didn’t contemplate that a road was coming through here.
We have a conforming plat before you. We will meet the water, stormwater requirements. We
will meet the MCWD requirements. We have a conforming plat and we’d, I guess we’re asking
for the commission to decide on that tonight. Stand for any questions that you might have. And
if you’d like I can pass around a copy of the August 31st plans with the landscape plan if you’d
like to see that too.
Aller: So what are the sizes of the rain gardens? The proposed rain gardens.
Perry Ryan: Well they are approximately, good question. I’ve never been asked that question.
Aller: And are they?
Perry Ryan: They’re about oh maybe 30 feet and let me put up, let me put up this if you don’t
mind. These are approximately 30 feet in length and probably 15 feet across. They’re all pretty
close to the same. I actually appreciate some of the comments from Ms. Strong about, about
maybe tying those together. Happy to explore that. You know if that makes sense and they’re
happier about that we’re happy to explore that. I’m not against that. I would have loved to have
that conversation in early September. And made myself available for them.
Tietz: Sir I have a question regarding the drainage.
Perry Ryan: Yes.
Aller: Commissioner Tietz.
Tietz: You said that water runs perpendicular to the topographic lines.
Perry Ryan: Yes.
Tietz: So I’m looking at Lots 2, 3, and 4. Or 3 and 4.
Chanhassen Planning Commission – October 2, 2018
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Perry Ryan: Yes.
Tietz: Looks like 75 percent of 3 does not drain to your holding pond.
Perry Ryan: Yeah what we generally do on these cases is we’ll try to pick up all of the hard
surface. All the new hard surface. Most watershed districts and stormwater management
designers would want to at least pick up the hard surface so that means that anything that’s
hitting the roof of that house would be picked up in gutters and so then that would be directed to
those rain gardens.
Tietz: So it will all be piped to those areas?
Perry Ryan: No I didn’t, no I’m sorry. I said those would be directed to the rain gardens.
Tietz: But hard directed or just surface directed?
Perry Ryan: We usually surface direct it but I guess.
Tietz: So will this be, will a grading plan that’s down to a half foot intervals be given to the
contractor so that everything does drain to these proposed rain gardens? And do the rain
gardens, can they satisfy the requirements for holding?
Perry Ryan: They will satisfy the requirements I guarantee that and to half of them.
Tietz: They all look about the same size right now.
Perry Ryan: I’m sorry?
Tietz: They all look to be about the same size right now…
Perry Ryan: That’s because they’re, because of the 25 percent mandate of hard surface
coverage, even if you look at the staff’s report, they’re not that different. You know the lots are
a little bit different but the hard surface ranges from 3,700 square feet to 4,600 square feet so it’s,
they’re very similar.
Tietz: Well that’s proposed.
Perry Ryan: No and that’s, that’s the maximum we could put on these at the 25 percent max.
That’s why the ponds end up being similar in size. So I don’t think, I’ve yet to see a half foot
contour drawing demanded on residential development.
Tietz: I’d like to see a contractor that can grade it to that.
Chanhassen Planning Commission – October 2, 2018
16
Perry Ryan: I’m sorry?
Tietz: I’d like to see a contractor that could grade it to that.
Perry Ryan: Yeah right, that’s probably why we don’t do them. You know actually to be honest
we rarely, we rarely do them to one foot contours. We usually, I bet 95 percent of your
engineering documents in your staff’s office are two footers. But I agree there certainly could be
a reason on those to ensure all the hard surface does get into those. I think that’s a great idea.
Aller: When you drew the plans did you consider the properties to the south? Other than with
regard to the water. As far as land locking them and a statute that says we should be looking to
see…
Perry Ryan: Yeah that’s why.
Aller: Surrounding properties.
Perry Ryan: Yeah.
Aller: So you developed the ghost plat?
Perry Ryan: Yes I did.
Aller: Indicating what they should develop based on your plans.
Perry Ryan: I developed at the request of staff. I didn’t, first of all they aren’t landlocked. They
both have access to public right-of-way. And so I would respectfully I disagree that they’d be
landlocked so staff asked us to do a conforming plat for that property and that’s what we did.
And quite honestly, okay I’ve only seen one of the concepts. I saw some reading that there were
more concepts that, that Alliant did. That concept right there, first of all doesn’t do what staff
says they want to do and have a through street and it still gives our immediate adjacent property
to the south only two lots. And then the furthest one to the south three lots which is the same as
our ghost plat so I don’t, I don’t see the benefit of it. There’s a disbenefit. I mean they talk
heavily about that you can’t be doing things that cause a hindrance to your neighbor. The
disbenefit is it makes a road go through our property and it takes a lot out. Whereas we have a
conforming 5 lot subdivision so there’s a disbenefit. I don’t know how you could say that would
be preferable to our ghost plat. Our ghost plat has a huge benefit that we, I haven’t had a chance
to talk to this board about and we submitted this to the City a long time ago that in putting that
through street I think our hard surface just from that roadway is between 2 and 2 ½ times more
hard surface than our ghost plat shows on putting that road through there. And you end up doing
double and triple frontage lots as well which is really a disbenefit to every future homeowner.
So we just didn’t see the positive in it.
Chanhassen Planning Commission – October 2, 2018
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Aller: Did you consider doing a cul-de-sac entrance connecting from the north through your
properties at all?
Perry Ryan: No we didn’t. Again we looked at, we didn’t consider it but when I look at the plan
that was just up before us about a half hour ago showing just what you described there is no
benefit to either of those two south properties. They get the same kind of access at a cul-de-sac.
They get the same number of lots. The only real difference is there’s a disbenefit to our property
and to removing a conforming lot and not utilizing the utilities that are already stubbed there you
know so I, we try to look at things that are beneficial. Not disbeneficial.
Aller: Well I don’t have any further questions at this point. Commissioner Weick.
Weick: On page 10 of the staff report where it’s listing I think water resource either
recommendations or requirements, items number 3, 4 and 5 reference I think a requirement for
an HOA. Is that a consideration in your plan? Is that something you were considering as part of
the development?
Perry Ryan: It was not. We had submitted a draft of a stormwater management agreement in
which we as the developer take the ownership and responsibility of that and then there is TRAM.
The responsibility of each individual pond is transferred to that homeowner. What I had
suggested to staff, I have not heard any response is, I know that staff has said in her, in her
experience that that doesn’t work to ensure that a homeowner does that. That they actually have
financial responsibility for it. Our experience is quite opposite of that around the metro and so
my suggestion to staff was we are happy to have our attorney and the City’s attorney work out
that detail. Whether or not we can do it without an HOA or there has to be an HOA. I would let
the attorneys do that. I’m going by an individual response to that and so is Ms. Strong and so
I’m happy to have, I’m happy to have the City’s attorney and our attorney come to an agreement
on that. I’m fine with that.
Weick: Okay.
Perry Ryan: Either way I understand the reason for the…
Aller: Are you talking about indemnification agreements?
Perry Ryan: No I’m talking about an HOA agreement or a stormwater management agreement
on how to manage and ensure that those infiltration basins are managed properly.
Aller: Right in other words if the homeowner from the south is damaged that you’re going to
indemnified that homeowner.
Chanhassen Planning Commission – October 2, 2018
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Perry Ryan: I don’t know if that has, if that language is in there or not but if that’s what the City
Attorney is recommending then, then I’m happy to have our attorney and the City Attorney look
at that. They’re a lot smarter than I would claim to be on those issues.
Aller: Great thanks. Additional comments, questions. Thank you.
Perry Ryan: Let me know if you have anything else, thanks.
Aller: We will. Okay so at this point in time I’m going to open up the public hearing portion of
this item. Unlike CNN and anything else anybody has seen this past week we’re going to try to
be civil and nobody’s going to be yelling at anybody and we’re going to get everybody’s opinion
on the record. We’re going to build a good record for the City Council to make any decisions it
has to make. And I double checked and for the record I believe this is going to be before the
City Council on Monday, October 22nd at this point in time so with that I’ll open up the public
hearing portion of this item.
Jason Watt: Can you start with an Eagle Scout?
Aller: Any person wishing to come forward to speak either for or against the item.
Audience: That’s why he volunteered.
Aller: Please state your name and address for the record.
Jason Watt: My name is Jason Watt. I work at, I live at 3961 Stratford Ridge here in
Chanhassen.
Aller: Welcome.
Jason Watt: Thank you. And thank you for listening to us. We have worked together as a
neighborhood to come up with some comments that we’d like to share with you. We have a
printed version and our plan is to read that aloud to you if that’s helpful.
Aller: Great.
Jason Watt: I’m happy to put it on the screen so, we don’t have enough handouts for everyone
but we can all kind of walk along as we move through.
Aller: Perfect.
Jason Watt: So if you could maybe just pass those along to everyone on the committee. I’ll keep
my copy. I will give one to the proposed developer. And then our neighborhood’s pretty
familiar with our arguments. I’m going to give some to folks that maybe are not quite as familiar
Chanhassen Planning Commission – October 2, 2018
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with our arguments. Anyone else need a copy? Does staff want a copy over on the other end
there? It looks like 3 more copies. Does anyone else want a copy before we move through this.
We’ve been talking a lot about water so I am getting a little thirsty so I might need to stop for a
moment to step out and get a glass of water if that’s alright with you guys. Again my name is
Jason Watt. I work or live in the neighborhood. I was blessed with stunning good looks and a
brilliant mind and a deep sense of humility but not with a preachers voice so we’re going to
actually tag team this. I’m going to speak for a while and one of the other neighbors in our
development is going to speak so with that I will begin. In terms of questions, I’m happy to field
questions as we move along. If you want to just wait til we’re done that works too. So many of
us were here at the meeting earlier this summer. In addition to our previous objections,
comments presented verbally at the last Planning Commission meeting, which was August 7th,
on the subject of the Glendale Drive Subdivision application we respectfully submit the
following prepared statement in opposition on behalf of the 15 families residing in the
subdivision dedicated as Stratford Ridge on October 11, 1988. As we had previously stated we
are dedicated and determined that our well established neighborhood comprised of Stratford
Lane, Stratford Boulevard, and Stratford Ridge which has existing since the late 1980’s remain
intact as a no outlet double cul-de-sac in it’s present configuration. The GDS project as
presently requested by the developer and/or the current alternatives laid out by the Chanhassen
Planning Commission staff would destroy the safe surroundings enjoyed by our children, upset
the very limited internal traffic that we enjoy and wind the convenient and comfortable access to
our beach outlot as well as disturbing the positive surrounding environment of our neighborhood
and beach outlot. The GDS will also impose substantial financial burden on our 15 homeowner
families by way of reduced valuation and if the roadway options as proposed are carried out the
cost of construction and ongoing maintenance will be an unnecessary burden for the City of
Chanhassen and it’s taxpayers. Therefore we respectfully request that this prepared statement be
made part of the printed record. And first before we move on we structured this, the first topic
that we’re going to talk about is standard of review. I think from our last meeting there was
some confusion about what the review should be in terms of how you make your decision. I’ve
heard comments this evening that I think are a little bit contrary to what the ordinance actually
requires and what Minnesota State Law requires as well so that’s where we’re going to start
with. So prior to reviewing our arguments and perspective as to why this proposal should not be
approved it is essential that the committee, the City Council, the constituents, and the city staff
have a clear understanding of the standard of review and related law that the committee and it’s
counsel should apply in making this important decision. Following is the guidance the City staff
provided to the committee in it’s report dated as of August 7th of 2018. We argue that that
guidance was provided, we argue that the guidance that was provided did not properly inform the
committee or it’s constituents pursuant to city ordinances, Minnesota statutes and case law. We
first will share the original guidance provided by the city staff followed by what is required by
city ordinance and Minnesota statute. So first we want to start with the staff report on page 1 it
was quoted to say the City’s discretion in approving or denying a preliminary plat is limited to
whether or not the proposed plat meets the standards outlined in the subdivision regulations and
zoning ordinance. If it meets those standards the City must, that was a term that they used, must
approve the preliminary plat. This is a quasi judicial decision and we bolded for emphasis.
Chanhassen Planning Commission – October 2, 2018
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When you actually look at the ordinance per Chanhassen City Ordinance Division 2, Platting
Procedures under Section 18-39(d) it reads as follows: The Planning Commission shall make a
recommendation on the preliminary plat to the City Council within 45 days from the dates of the
opening of the public hearing unless the applicant consents on record to a continuance. The
Planning Commission may, the term is may, not must. The commission may recommend
approval. Approval subject to conditions or that the preliminary plat be declined. Or denied. If
denial is recommended the reasons for that recommendation shall be stated in the record. So our
first argument is pursuant to city code the standard of review allows the commission to deny the
preliminary plat. There is not language in the ordinance that specifically states that it must
approve a proposal if it complies with city ordinances. Moreover pursuant to the section I’ve
just quoted the City Council may choose to approve or reject such proposals. The ordinance lists
specific elements that must be met prior to approval but it does not articulate situations in which
it may deny a proposal. Minnesota case law reinforces this concept that local government is
provided by discretion in deciding to approve or deny a proposal. And I have quoted a court
case here and I’ll read it aloud. Regardless of whether the zoning matter was legislative or quasi
judicial we determined whether or not the municipality action in a particular case was
reasonable. We examined the action to determine whether it was arbitrary or capricious or
whether the reasons articulated by the municipality did not have the slightest validity or bearing
on the general welfare or whether the reasons were legally sufficient and had a factual basis. The
next thing that we saw in the report that we take issue with is on the same page, page 1 it said
quote, the City’s discretion in approving or denying a variance is limited to whether or not the
proposed project meets the standards in the subdivision ordinances for variances. The City has a
relatively high level of discretion with variances because the applicant is seeking a deviation
from established standards. This is a quasi judicial decision. The staff’s summary correctly
states that the City has a relatively high level of discretion with regard to variances. However it
would have been much more helpful for the commission and their constituents if the statute that
provides this guidance was cited in the report and the report provided a quote of the entire
ordinance. We have provided the language of the entire ordinance below for your review. So
pursuant to Chanhassen City Ordinance Division 2, Platting Procedures, Section 18-37(b) it is
read, is written as follows. The City Council may, again the word is may, grant a variance from
the regulations contained in it’s chapter as part of the plat approval process following a finding
that all of the following conditions exist. One, hardship is not a mere inconvenience. Two the
hardship is caused by the particular physical surroundings, shape or topographic conditions of
the land. Three, the condition or conditions upon which the request is based are unique and not
generally applicable to other property and four, the granting of a variance will not be
substantially detrimental to the public welfare and is in accordance with the purpose and intent of
this chapter, the zoning ordinance and Comprehensive Plan. So our next argument to the City is
that city staff reports should properly explain law and provide citations and quotes of the citation
to properly inform the committee and it’s constituents. The staff report did not adequately
explain the broad discretion that the City has to approve or deny a variance pursuant to the city
code and Minnesota law. Moving on. Again in the staff report on page 3 it was written as
follows. Engineering staff recommends that the layout be revised to accommodate the future
development of the two lots to the south as quote, required by city code Section 18-57-A and
Chanhassen Planning Commission – October 2, 2018
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Section 18-60(f). The code actually reads as follows. Streets shall be dedicated on the plat to the
public. The location and design of the street shall consider existing and planned streets,
reasonable traffic circulation, topographical conditions, runoff of stormwater, public convenience
and safety and the proposed land uses of property to be served. Our next argument is the city
staff report incorrectly stated that the layout must accommodate for the future development of
the two lots south of the Glendale development pursuant to city code. Nowhere in that city code
that was cited does it specifically state that this should be considered. It does state the proposed
land use should be considered when roads are designed but not that roads should be planned
based on hypothetical land use in the future. When streets are planned the planning process
should take into consideration how the surrounding land is to be used. For example the
committee would want to consider it’s review of neighboring land. Review of neighboring land
will involve whether or not it will involve heavy equipment such as a manufacturing
development or if it has substantial traffic that will result such as a nearby hospital or school.
These known factors should affect how streets are planned and designed. However in this
specific case there is not a proposed development planned for the two lots south of Glendale,
south of the Glendale development. During the committee’s meeting there is much confusion on
this point of whether or not the committee should speculate on the future use of these two
properties. The potential development of these two lots consumed much of the discussion that
evening rather than the clearly identified elements laid out in the city code such as traffic,
topographical issues, stormwater, etcetera. The statute does not require the committee to
consider any and all potential future uses of surrounding land. Next, they quoted two sections
there so the next section is read as follows and it’s Section 18-60 paragraph F. Street
arrangements for the proposed subdivision shall not cause undue hardship to owners of adjoining
property in subdividing their own land. Our next argument. Per the city code of Section 18-60
paragraph F the City should only consider owners of adjoining property. We did not find a
definition of adjoining in the city ordinances, state statutes or case law. However the commonly
accepted definition of adjoining per Webster’s Dictionary would be having a common border.
Thus we question why the City would factor into it’s analysis the effects of this development
proposal on the person’s property since it does not adjoin the Glendale development. Argument
5. We’ve asked the staff and commission at the August 7th meeting what the definition of undue
hardship meant pursuant to the Section of 18-60 paragraph F. We did not receive a citation of a
city ordinance or any case law at that meeting to provide clarity on this term. We have
researched on our own and have not found a city ordinance that defines this term. Nor have we
found a Minnesota statute or case law directly on point with regard to installation of streets.
Streets. However we have found Minnesota statutes and case law that defines that same term in
relation to denying or approving a variance. We should note that that term undue hardship in
relation to variances was changed to the term practical difficulties in May of 2011 but the rest of
that statute is generally the same as it was prior to the change in those terms so if you go to
Minnesota Statute Section 462.357 Subdivision 6, Paragraph 2 it reads as follows, variances may
be granted when the applicant for the variance establishes that there are practical difficulties in
complying with the zoning ordinance. Practical difficulties as used in connection with the
granting of a variance means that the property owner proposes to use the property in a reasonable
manner not permitted by the zoning ordinance. The plight of the landowner is due to
Chanhassen Planning Commission – October 2, 2018
22
circumstances unique to the property, not created by the landowner and the variance if granted
will not alter the essential character of the locality. Economic considerations alone do not
constitute practical difficulties. Practical difficulties include but are not limited to inadequate
access to direct sunlight or solar energy systems. If the owners of the Boylan property wanted to
subdivide their property that could be considered a reasonable use. However the owners have
not submitted an application for subdivision. In fact the owners are actively trying to sell the
property. The commission should not base a decision on hypotheticals but on the facts that are
known at the time of the proposal. It should be noted pursuant to the statute that adverse
economic conditions alone should not constitute practical difficulties. Furthermore we would
like to highlight that the transcripts from the Planning Commission meeting for the development
of our neighborhood back in October 28th of 1987 on page 14 of those transcripts quoted a
member of this commission at that time, Mr. Conrad as saying quote, I’ve never found that
reduced value creates a hardship as long as you had some reasonable use of that property. So our
question is why would the commission apply an inconsistent standard years later if this is truly
about economic development. Furthermore the Boylan property is not subject to unique
circumstances. Again that was one of the elements within the statute unique circumstances. If
the owners desire to subdivide the property the existing driveway could be extended and
modified so that their needs for a second access road could be installed, let me start that over. If
the owners desire to subdivide the property the existing driveway could be extended and
modified for these needs or a second access road could be installed from the northwest corner of
the land that borders with Country Oaks Drive. It was mentioned this evening that it may not
necessarily comply with ordinance but we could probably talk about a variance for that to be
accomplished. There are many options available that would be better compared to a through
road when considering traffic, safety, green space, city maintenance, environmental concerns,
maximizing the entire neighborhood’s property tax values rather than a select few. Lastly this
proposed street installation would change the essential character of our locality. As was pointed
out at the August 7th meeting, and as was pointed out this evening, if you look at the map of our
neighborhood you will quickly see that the common layout of our neighborhood is a series of
multiple cul-de-sac. I believe you counted 11, is that correct?
Audience: Yes.
Jason Watts: There are many valuable elements to living in a cul-de-sac which are highlighted
later in this document but it should be noted that the installation of a through street would
eliminate many, if not all of those values. It would change the essential character of our
immediate neighborhood and our locality. So our question to you is why are you concerned
about the size of a road and getting a variance from 60 to 50 but you’re not concerned about the
overall character of our neighborhoods. I’d like to move on to our next topic. Fundamental and
fairness and a conflict of interest. Our next argument is due notice. There are multiple attorneys
located in our cul-de-sac and many others are highly educated professionals. Many of us
conducted very detailed due diligence prior to purchasing our homes and purchased our homes
based on public records. One of the biggest motivations for purchasing the homes was the
seclusion and safety a cul-de-sac provides. Assuming that we reviewed the plat recorded at the
Chanhassen Planning Commission – October 2, 2018
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county how would we have possibly known that a street could potentially be installed in the
future. There is not a physical stub road in our cul-de-sac. We acknowledge that Option B
shows a stub road on the Martin Foy’s land but how would be the common constituent of this
city know that that was what that notation represents. Furthermore on the copy of the Option B
that we have there are no markings on the sketch showing a proposed road going through the
Martin Foy property, James Boylan property, or Mildred Kersten’s property. Furthermore when
you look at the western half of this sketch, and I don’t know if you can pull up a copy of Option
B. I’ll just pause if you can quickly pull that up. Otherwise I can pull out my cell phone and
show you on my cell phone. Should we have a race? Who’s going to win? I got it. You got it?
You got it, okay. It’s a tie. So when you look at this, when you look at this, if you can zoom in a
little bit and look at the southwest corner of Option B. You can’t zoom in on this?
Al-Jaff: No.
Jason Watt: What if I put this under your little contraption here? Can you look? Is this going to
work? I don’t know if that’s working much better. Yeah hopefully I don’t get a crude text from
one of my buddies from college. But when you look at this, when you look at this and think of
yourself as a person trying to buy in this neighborhood and doing your due diligence do any of
these layouts actually look like how this neighborhood looks like today? And if you’re not
familiar with the neighborhood, absolutely not. Nothing in that southwest corner looks like it
actually looks today. Nothing. So again our point is, if you’re trying to do diligence and trying
to figure out whether or not your neighborhood is going to stay the way that it’s going to stay
you can’t rely on this as a very probable piece of evidence to make that decision. Furthermore I
would argue that this is not a permanent plan. I got lost on my notes here. Let me get back to
that.
Audience: Three quarters of the way down. Furthermore.
Jason Watt: Furthermore. When you look at the western half of this sketch and compare that to
how the land was actually developed a reasonable person would not get an impression that this
reflects the future plans of the city. Moreover reading through the transcript of the city meeting
on January 6, 1988 city staff member Joanne Olson is quoted in answering questions by a
constituent that was concerned about the plans at that time as saying no. The only plan that
would be maintained would be this one. The only way that this altering the impact of the
surrounding properties is that it is designing or designating where future roads will be provided
to the north and then it will be providing this whole link. These plans are just going to be used
for general use to give us a better picture of what the street layouts could possibly have. There
are many possibilities. Many possibilities. So can we possibly argue that this is indeed the
City’s plan where you’ve got someone on staff saying no. These are possibilities. This is not
permanent. The transcript certainly does not give a reader a sense of permanence to this plan.
How can the City again justify picking and choosing what potions of Option B or Option A are
permanent and which are not? What authority is this based on and where is equity and justice in
this with regard to your 30 plus voting constituents in this development? Moreover and perhaps
Chanhassen Planning Commission – October 2, 2018
24
the most, and before I even get to this I just want to acknowledge it’s hard for me to say this. I
want to say this in a respectful manner. I did work for the federal government for years. I
worked for the State so I do recognize that we have honorable people in this room but I just want
to get to the point then. Moreover and perhaps most importantly of anything else that we share
with you tonight it appears that from the very beginning of the planning of our neighborhood and
the development and it’s surrounding neighborhood the process was tainted by allowing a
committee member with a clear conflict of interest play a role in how all of this neighborhood,
basically how the neighborhood was structured. Member David Headla acknowledged in the
transcript that I just referenced earlier that he owned the land adjoining to the southern border of
our development. This indisputable fact raises significant concerns among us regarding the
professionalism and integrity of how the City structured this plan. It raises current concerns
about the public trust. When you look at how this has transpired we have a staff report that has
incorrectly quoted Minnesota and City ordinances. We have a staff report that is recommending
that we move forward with this plan but listing 25 other things that actually need to be addressed
before we can move forward with the development. It raises some significant concerns within
our neighborhood in terms of independence. With that said we hope that through a professional
and respectful dialogue with you our voices will be heard and we can find an equitable solution.
With that I’m going to let you listen to a new voice but be happy if you have questions later I’d
be happy to address those. Dave.
David Lieser: Hello, my name’s David Lieser and I live at 3881 Stratford Ridge.
Aller: Welcome.
David Lieser: Thank you. I hope that this won’t duplicate too many things but we have the
benefit of being able to tell you the issues and problems that we have that aren’t necessarily
related to the same legal arguments that Jason has so well presented. One of our issues is a
potential benefit versus for a few versus the benefit to many. As we’ve mentioned with there are
15 established residents. Residents in the Stratford Ridge Association. All of whom enjoy the
sense of community that the two cul-de-sac street structure affords. In fact this was a major
contributing factor as to why many of the residents purchased their homes here. The burdens
that are outlined below for these residents are significant and I purchased my home there 21,
almost 22 years ago. The burden, oh in addition their precedence established for the alternatives
to gain access to these properties for future development. That is separate cul-de-sacs off
Glendale Drive from the north or short access roads such as the Rocky Island Lane. I don’t
know if you’re familiar with that area but that is right along Minnewashta Parkway. It has 3 or 4
homes on it I think and that’s one of the other alternatives. It could be afforded to the people that
may want to develop property in the future. If Stratford Ridge now or in the future is altered to
either extend the north cul-de-sac or provide a through street the home values will be severely
impacted. Residential real estate professionals quoted to us as much as a negative $50,000 per
home devaluation immediately and while the amount could be debated the significance of the
financial impact for resale value cannot be. In fact it can be argued where there’s already
negative impact due to the City really relaying any intent that it has an interest to put through a
Chanhassen Planning Commission – October 2, 2018
25
right-of-way all the way from Glendale to our property. In that case disclosure would be
warranted in the event of a sale from us at this point to, of all existing homes. Some bringing the
price down significantly. Even for the homes not for sale the City should expect property tax
appeals to account for this loss in valuation. There is a negative impact to road safety due to
increased traffic if this street would be extended from Glendale, which I assume would be the
street would be called Leslee Curve. Based on data from the Chanhassen engineering
department we can assume that there are 2.5 average trips per person each day with an average of
3.5 people per home. Therefore at the north cul-de-sac would have to be extended as shown in
the ghost plot, which was the other, one of the other alternatives mentioned. There will be
15,970 additional trips per year through Stratford Ridge. If there’s a through street new residents
may exit through Stratford Ridge or Glendale Drive to Minnewashta Parkway but significant
additional traffic beyond that would certainly be a factor. Stratford Ridge does not have any
sidewalks and the numerous children of the neighborhood, 15 plus walk and play in the street
and the cul-de-sacs. The cul-de-sac bubbles. We’ve already had numerous incidences in the last
few years of visitors to the neighborhood not heeding the stop sign at the intersection of Stratford
Lane and Stratford Ridge. Any change due to increased number of homes accessing through
Stratford Ridge would certainly contribute much more to that problem. None of the existing
residents previously made aware, that is previous to their buying the property were previously
made aware that the Stratford Ridge cul-de-sac bubble on the north was ever viewed as a likely
extension of Leslee Curve. Nothing exists that raises that idea to enforceable mandate against
Stratford Ridge. Jason already talked about the old Minutes and notes so I’ll skip on past that.
The fact that for the past 30 years the current street structure has existed should defacto render
permanent the structure that we have now, the double cul-de-sac. This includes the burden of
changing our family street addresses would inflict since imposing an extension of Leslee Curve
would likely change our street name. There’s also a broader cost implication to the City and it’s
residents to put a road through or extension. Not only for the building of it but in the ongoing
maintenance, snow removal and so forth. It’s our argument that the cost is not necessary to
support any existing ordinance or obligation by the City. We’re also obviously concerned about
the environmental impact on our properties. The potential negative environmental impact of the
GSD project is substantial. The Planning Commission staff report is replete with significant
objections to the development ranging from…to meet stormwater requirements, including the
need for the emergency overflow routes designed to avoid impacting the wetland areas south of
the project. And the need for the relevant drainage easements permits from the 7 or more
government, quasi government agencies that were enumerated in the water resources section of
the staff report. To the best of our knowledge none of the requirements set forth by the water
resources coordinator other than the provision of a bare bone stormwater maintenance agreement
have been accomplished as agreed or reported thereon. The loss of significant amount of green
space which has graced this area is also of great concern. While the overlay, the overall quality
of tree species on the parcel do not rival the Minnesota Arboretum, the degree to which the area
has been developed certainly needs as much green space as it can mustard. The PC staff has
many issues in that regard which do not appear to have been met or the response has not been
made public yet. The topography and the negative drainage issues or this and the two large
parcels to the south has led the neighbors of these parcels to believe that they would not be
Chanhassen Planning Commission – October 2, 2018
26
developed beyond their current state of development. All 3 of those lots I believe were at one
time classified in the past as equivalent of a residential large lot. The fact that no apparent steps
had been taken to develop those 3 parcels would also certainly reinforce that point of view. In
terms of trees I would mention that it was interesting that through the past week there have been
a lot of trees removed from the Foy parcel and we didn’t really notice any, I don’t know of any
markers or protection areas around the trees you want to save. Has that been done yet?
Audience: The only thing that was removed was buckthorn.
David Lieser: Okay. Well we love that, buckthorn removal. No doubt about that. We certainly
made it clear that we don’t agree with the view of the Planning Commission staff that an
extension of Leslee Curve should now be designed through the GDS project to connect with our
cul-de-sac at the north end of Stratford Ridge. Aside from the many, many significant negatives
impacts such requirement would visit upon our 15 families, the expense and difficulty of
building such an extension would be a serious burden on the city and it’s taxpayers without a
clear significant benefit. The grading in and of itself through the topography over the
intervening parcels would result in serious down and up roller coaster type grade. Certainly
lacking in safety for our children and providing unnecessary challenges to the city in the winter
plowing and ongoing road maintenance. We’re prepared to take further action as necessary to
demonstrate current or future road changes to Stratford Ridge unduly penalize our 15 families for
the speculative benefit of a few. These points are material and the evaluation of the Glendale
proposed project but we welcome any questions or comments on the above as well as discussing
any alternatives for the City to consider. And in the prepared paperwork you’ll find some
photographs of how we use our neighborhood and how we value it. Thank you.
Aller: Thank you. Having had that read into the record by two individuals and having it
formally received into the record it will be forwarded onto the council for it’s review as well as
the Minutes that have been recorded. Would anyone else like to come up and speak either for or
against this item? You can briefly touch on. There was a lot said but if you wouldn’t just
regurgitate the arguments that would be great. But if you have something to add I certainly
would love to hear it.
Carin Moore: Good evening. My name is Carin Moore and I am the personal representative of
the Estate of James and Ruth Boylan at 6760 Minnewashta Parkway.
Aller: Welcome.
Carin Moore: My parents are both deceased so I am the homeowner. I did actually submit a
letter to the city planning group but I’m not sure if everybody got a copy of that and I’m sorry I
did not come as prepared as you guys so I’m going to just repeat a few things. Yeah right, great
perfect. I’ll grab some more to frame at home but.
Aller: And for the record we did receive it.
Chanhassen Planning Commission – October 2, 2018
27
Carin Moore: You did receive it.
Aller: And it has been read.
Carin Moore: Wonderful.
Aller: And it is part of the record.
Carin Moore: Great. I did want to address a few things off that letter and as well as show some
documentation. Just a little bit of history. I do want it known that personally myself I have been
meeting with the city planning group for over 7 years regarding my parents property and
potential development so I know that perception may have shown otherwise because my parents
had a choice and made a choice what they were doing with their property. Behind the scenes we
were working as a family to see what potential options there may be for future. I did want to
address the first comment in my letter. I am requesting that the strip of land that is adjacent to
Country Oaks Drive that is west of our property and also the current property currently owned by
Lakewest be split accordingly to line up to our property lines. So one of the pictures that I think
you have Sharmeen shows that strip that was addressed earlier and I just, I know that it was
commented by Lakewest would be taking that over but if you see there is about a 12 foot, 11 foot
give or take piece of property that goes behind our property that we would like to maintain as
our’s just because now we really are officially landlocked at that point without having access off
the back side of our property. With that being said I’m going to actually skip over to one of the
concept drawings. I was requested by city planning group to give options. To show things and I
sat through the August 7th meeting and heard a lot of what my neighbors to the south, Stratford
had made comments and how the options that were given aren’t really feasible for families.
Being a parent of 3 children, living on a cul-de-sac in Minnetrista I totally understand that and I
want to, I wanted to support them as well because as neighbors that’s what you do. You’re
concerned on the hardships that may be affecting them. Not intentionally but just because
something is happening and one of the comments that was made earlier is why are we even
addressing the Kersten’s? Well the Kersten’s are our dear friends and our neighbors and they’re
on our property line so if it affects our property and the future development or options that we
have to consider for our property, we also have to consider our neighbors to the south as well so.
The first one that I want to show actually is the fact that came to my head 7 plus years ago. This
is really fun. Okay. So it shows just our property. It shows what could be done with our
property to make it maybe 2 useable lots. Very large lots because this is over 2 acres worth of
land. However we wanted to kind of keep some of the green space for sure. There was a luxury
of growing up in a forest when you’re 5 years old and 10 years old and you feel that but also the
privacy and you want to keep kind of what, what could be offered. We have a little paradise. A
little slice of heaven with the lakeshore property to the west. East, excuse me is all our own
private property as well as another 2 plus acres. We wanted to maintain some of that so we
looked at okay what if we just made a change to our land, what would that require? It requires
access to Country Oaks. Currently even with that little sliver that is definitely not enough to, for
Chanhassen Planning Commission – October 2, 2018
28
any sort of driveway requirement. We have just been in discussion, please remember these are
full concepts. This is nothing set in stone. No development company has been hired out or
anything. These are just ideas because I want it to be known that we’ve had ideas but some just
don’t potentially work with the City. Some don’t work with the neighbors so we have to figure it
out. That’s what we’re here for. We want to work with everybody the best way possible but we
also have to think of ourselves first quite honestly just as I would expect my neighbors to think
of themselves first. We talked about giving land up so it allows for us to have more of an access
to Country Oaks and then giving them some extra side yard or back yard for them since they
only have about a 6 to 7 foot distance between their home and property line that was missed on
the development when it was previously, when the house was built but even so we tried to go for
the 90 feet that is required. This was not taken in consideration. The curve of the road which
I’ve already talked to city planning group and they have told me well because that wasn’t
considered that’s really not the right distance. It’s not fully the 90 feet so not only am I trying to
ask for a variance for myself if we went this route but I’d also, we’d also have to be asking for a
variance for this homeowner to allow them to now be short. To not, to basically be non-
conforming to the city code requirements. That may not be approved right, so that was our first
original plan in essence. That way we weren’t hurting anybody’s feelings. We weren’t trying to
incringe on anybody else. We were just focused on our property. Okay. Back at the concepts,
and I think you know really the focus is for us the drainage and I know that they brought up the
fact that the rain gardens, they’ll you know hold everything. They’ll take care of it and because
the current house has that certain level it doesn’t affect us but again it’s not just about current.
It’s about future. That’s what you guys are talking about. That’s what the City is talking about
is what could the future bring? We could as a family never develop our property. I understand
that but we also could develop and so we have to look at those options and it’s because of the
size of the property. If this was a half an acre, if it was even a quarter acre probably you
wouldn’t, we wouldn’t even be talking about our property. It would not be of an issue except if
all the water was coming into our land. The problem is, is that if you add hard cover there’s no
more soil there to take the rain so regardless of what’s happening today you throw a house on
there, you throw 5 houses on there, there has to be a proper way to drive this water not coming
into our property anymore than it currently does. I am not an engineer. I am not somebody who
studies weather but that’s common knowledge. If you put cement down that’s non-porous. It’s
not going to take the water the way the soil does so what are we doing to fix that? That’s all I
really care about. That’s my number one concern. Okay. Sorry for skipping around but I have a
lot to say so. Alright we commented on this one earlier that this is the first that this was seen.
Again these are concepts that were requested, hey if you want an option throw options. What
would happen? So I have been working with my neighbor to the south to go what would we be
open to? If we work together this is concept. This is not an ideal concept for Lakewest because
they lose a lot. Like you when you were addressing earlier. You can barely see it but their 5 lots
are still written in in the background but this is if the Kersten’s and the Boylan Estate only work
together and didn’t involve Lakewest, what would be a good concept? Now these are also done
with the 60 foot road where I think there’s a 50 foot variance discussion for roadways so that
would narrow that property. Again just an idea. Taking into consideration the drainage and
stormwater management, this is another concept showing all 5 lots. Keeping the road again at
Chanhassen Planning Commission – October 2, 2018
29
that 60 feet but then also saying okay, if you want 5 lots maybe there’s some shared, some land
that comes from the Boylan property to help make those 5 lots happen. I’m not giving any land
away. I’m not claiming that. It’s just an idea. Okay. And then another concept. Just another
cul-de-sac. Okay coming in. This one obviously combines all 3 properties. Saying let’s all
work together. What could we develop? What could come off of this? This one does however
include a property that would have access to the parkway and I know the City’s encouraging to
try to limit that access but this is again just an idea. One of the things that you won’t see from
me is a drawing like that. Okay. And the reason you see it right is because this is what we took
as the message from what the City thought was great. But I made a comment in here that, I’m
going to read this kind of verbatim for the folks that are sitting here. I’m requesting that the City
review multiple options for this development as well as the potential development of the two
adjoining properties. I know that the City has a plan to connect Stratford Ridge and the
neighborhood to the south. The neighborhood to the south and Leslee Curve with a street that
would run through all 3 properties. I’m also aware that Lakewest is suggesting that a cul-de-sac
be installed instead from the south out of Stratford Ridge current cul-de-sac. I don’t think that
would be the best option due to the land grading that is currently at the north point of the cul-de-
sac. So this area right here. It’s a severe drop. Can’t really see it very well here but it’s about a
solid 10 feet drop in a very short space so it’s definitely a lot of work to have some extra road
coming off of there for sure. As well as the current homeowners are not in support of this
opinion and this option, excuse me. Meaning Stratford Ridge families. While I know the City
developed Stratford’s cul-de-sac with the intention of continuing the road, that information
wasn’t made clear to the current homeowners. At no point was there signage stating that a future
road would be built in it’s place and most people wouldn’t know that the dimensions of the
current cul-de-sac aren’t of the normal size. I do think it’s in everyone’s best interest to maybe
consider alternate options. That’s all I’m doing is just trying to show that there are alternate
options. I think a really good comment again I stressed a little bit a few minutes ago is that it’s
about the neighbors. It really is and a comment was made to not do any hardships to the
neighbors. No offense you’re not our neighbors, okay. These are our neighbors. These are the
people that we care about. The people that I grew up with. I played in Stratford with friends
when I was growing up. My sister did. The Kersten’s have been a second family to us. This is
our family. This is our neighbors. This is our neighborhood. How will it benefit everybody?
That’s all we’re concerned about. That’s what I want to take in consideration. Did I miss
anything that was? And I just, I feel like I want to stress again that a comment was made at the
last meeting that properties should figure out how to develop their own properties you know and
it’s easier said than done. It really is. But here’s me who’s never done something like this
before and I’ve stepped out of the box and tried to give options because I feel that there are so
many options. If it means keeping all 3 properties the way they are, that’s an option. But is this
really the best option for you? Or is this the best option for you? Or is this the best, there’s so
many. Why don’t we take the time to actually figure out what works the best for everybody in
the community and the current homeowners. Thank you. You have any questions?
Aller: Thank you, no. Any additional individuals wishing to come forward to speak either for or
against this item? Seeing no one, oh there we go.
Chanhassen Planning Commission – October 2, 2018
30
Jeff Kersten: My name is Jeff Kersten. I live at 6810 Minnewashta Parkway next door to the
Boylan’s. Without trying to regurgitate the stormwater drainage, in terms of when we look at the
elevations, I’m just going to use where we’ve got a topographical map here. That one will work
too. When we take a look at the elevations, in regards to the stormwater we’re not talking about
a one foot drop or a two foot drop. We’re talking about from the properties for the Glendale
subdivision a drop of almost 25 feet down into my property so that’s a significant drop and when
we’re talking about emergency water flow or heavy water, springtime when the snow and you’ve
got a lot of flooding and things, all of that water essentially ends up on my property. Okay. It is
not classified a wetland so, but it is a low area in that there is, we’ve actually got a way that it
does drain out from there but when you’re talking about 25 feet and a lot of rain, and recently
you know we had it. It starts to pool up. It does drain out but if you get heavy rains, 4, 6 inches
or sometimes when we get in the springtime my water, my yard starts to go under water so
you’re not talking about just 1 or 2 inch rains. We’re talking about heavy you know, heavy kinds
of rain that come down that can adversely affect it. So when you take a look at the development
and you take a look at the hard cover and the amount of rain that is probably, or the amount of
water that is going to be in excess of you know what is existing now, that will cause, that will
cause a problem in our property at this stage of the game. So when we take a look at the
stormwater I would like to see a more comprehensive plan in terms of what they want to do with
it. I do not think that the rain gardens are going to you know do that. Again when you’re talking
about those kinds of elevation changes that’s different than 1, 2 or 3 feet of drop. I mean that’s a
heavy drop so that’s, I guess that is my main concern with things going forward. Does anybody
got any questions?
Aller: Questions?
Jeff Kersten: No? Okay, thank you.
Aller: Thank you very much. If I wait long enough someone else will get up. Anyone? Alright,
here we go. We’re going to close the public hearing. Thank you all for coming and speaking
and providing your input. So with that comments. Concerns. Motions. Commissioner Tietz.
Tietz: I’ll comment Andrew. I think if we have, it sounds like we have 3 willing parties on
comprehensive development plan and it could be a win/win for everyone if we can get the parties
together. We do have a significant drainage issue, I agree with you sir. Looking at the site,
walking the site and looking at what’s on there, obviously the work that’s been done taking out
buckthorn but there’s an awful lot of you know, what am I looking for? What’s the tree? Why
am I, box elder. Looks like it’s dominantly and in the report too it’s dominantly box elder. A lot
of trees have been tagged already so at least they’re identified on the plan which is your arborist
has done a good job but there’s still a miscellaneous miss in there I think but it looks like there’s
a good solution. I’m always concerned about properties and they’re developed to the property
line and all of a sudden we have a 9 foot cut on one property line. We’ve looked at some in the
last couple years where it’s an interesting development but everything stops at the property line
Chanhassen Planning Commission – October 2, 2018
31
and we have significant cuts. Maybe not 9 feet but it doesn’t look, it’s not blended. I think
there’s a distinct opportunity to solve a lot of problems here on this site if 3 parties can get
together. There’s a lot of good planning that’s been done on that side and I compliment Ms.
Moore on working with independently and spending a considerable amount of money coming up
with some plans. I think that’s to be commended but if we can, if we can solve it I think the
neighborhood will be well served. It may have some alterations. There may be some variances
that we’re going to look at again. Not sure that any of those 3 plans or 4 plans are perfect but I
think there’s a germ of a start there I think. Something that could turn into something but it
needs willing parties on all 3 parties to be willing. Obviously I don’t know if why all the work
that was being done for the last 7 years hasn’t been on record or transferred onto the Lakewest
group but I think you know it’s, I’m pleased to see the work that’s coming forward tonight. I
agree that the cul-de-sacs are a great solution. You know some of the best new towns that were
planned, Reston and some of those way back in the 60’s and 70’s dealt almost exclusively with
cul-de-sacs with a lot of green space and walk throughs. There’s a lot of evidence in California
Andrew where that type of planning is conducive to neighborhood continuity and protection and
neighborly activity so I’ll stop talking but I think that there’s, there are some opportunities here
and we should, I’d like to hear from my fellow commissioners.
Weick: I’m not sure you do.
Aller: Commissioner Weick.
Weick: Were you here at the August 7th?
Tietz: No.
Weick: Yeah. I.
Aller: I can take it.
Weick: I guess I’ll reiterate my position from our August 7th meeting and I will go on record as
expressing my disappointment that we spent the better part of 2 hours having the same
conversation and I put a significant amount of, amount of the burden of that unfortunately this
time on the City. It doesn’t sound to me like we had a willing participant to discuss a variance
yet we put one in the motion and I don’t understand everything that went on behind the scenes
but I think it’s unconventional from my perspective and my years on this committee that we
would propose a variance that the applicant has not agreed to and so that point of the process
disappoints me. So that said, this is not to me about the street and it never has been about the
street and I’m pretty sure I expressed that in my words and my vote on August 7th as well. To
me this is all about the drainage and unfortunately we only spent about from 9:05 to 9:06 talking
about drainage. That’s the issue. It’s 100 percent about are we sure that we have a plan to
capture the rain water off of the new development so it doesn’t add any burden to the property to
the south. You know burden in the sense of significant runoff in my mind and that’s what I’m
Chanhassen Planning Commission – October 2, 2018
32
struggling with and I do need to, I want to be convinced that there is a path to resolution there in
order to allow the developer to develop the land that they have and that they’re requesting to
develop on October 2nd, 2018 which is what we have in front of us. So I guess that’s, to me
that’s what we have to struggle with and as a committee we should come to a consensus whether
we think that path forward is appropriate. The rest of it is very compelling. The arguments are
fantastic. I did have a little trouble, I’m not quite sure who David Headla is. If that’s a current
person or an old person.
Aller: Sins of the father I suppose.
Weick: That’s the only thing I didn’t follow exactly but I don’t think it matters because I’m in
complete agreement that this is, that we shouldn’t be having a discussion about a through street.
I said it at the last meeting and I, nothing that has been said has changed my mind. To me it’s
about whether this subdivision significantly will negatively impact the two properties to the
south really because they both you know are going to be at the base of that. I’d love to hear
conversation about that. From my fellow commissioners.
Aller: Commissioner Randall.
Randall: I agree with you on that. I really think the water runoff is a huge issue with it. I think
the through street is a non-issue. We’ve seen these different proposals and they spend a lot of
time on but I have concern about the runoff. It’s one of those areas it’s a hard grade to deal with,
especially with these 3 properties and you want to add value to all those properties and is one
going to impact the other so those are my concerns.
Aller: Commissioner Madsen.
Madsen: I would agree with the water drainage and the undue hardship on one for the
development of another. Ideally if the 3 owners could get together that might be the most ideal
solution to be able to work something out. That would be great. I respect all the concerns of the
traffic and the neighborhood. I, the one concern I would have is the current cul-de-sac is not
built large enough for the fire code. I didn’t see a concern if you had a fire in the neighborhood
would several trucks be able to get in there? Maneuver around and save homes in your
neighbors.
David Lieser: And we addressed that.
Jason Watt: We addressed that in the last meeting. It’s not a concern of our’s. They’ve come
to, in fact we were here on National Night Out and they were there probably at the same time
they were here and it’s not a concern of our’s. We’re more concerned about traffic. That’s the
big probability. We’re more concerned about traffic than any sort of fire issue.
Chanhassen Planning Commission – October 2, 2018
33
Madsen: The Fire Marshal comment wasn’t updated here so if that has changed perhaps an
update could be provided so that that would be more clear. But it’s primarily the water issue and
the drainage and what, and these infill developments are the most difficult and challenging that
we see. We’ve seen several of them and we’re trying to you know make it the best that we can
for all the residents.
Tietz: But Nancy if we have infill development, let’s say the two properties to the south come
back in 6 months with a plan. Now we’re going to deal with flag lots.
Madsen: Right so that’s.
Tietz: How are we going to deal with the issues that we’ve been dealing with for the last 2 years
when you have a 2 plus acre property and probably another what, acre and three-quarters or
something. Almost 2 in the south. We’ve got 4, probably 4 acres that are now essentially
landlocked. Not landlocked but they’re going to create, they’re either going to have to continue
to come off of Minnewashta Drive, which the City wants to eliminate those exits and entrances
and if they try to develop the back side of the property we’re going to be dealing with a variance
for a flag lot which puts more property coming out onto Minnewashta. You know if we have the
opportunity, I don’t know where everyone is on this but, and we can’t dictate that but I think we
solve the water issues. We solve traffic issues and you create another nice neighborhood by
putting 3 properties together as opposed to developing a strip of houses.
Aller: It’s all been said. In looking at this I agree that, and I’ve always been a proponent of an
individual being to develop his or her property to the extent that they’re not intruding on the
rights of another. That water has been a big issue especially in this area which is a lake area and
in Chanhassen in general. And so I too think that water is the most critical issue. I also would
agree that we can’t just plan or develop in a vacuum. This neighborhood is, has expressed itself
as a neighborhood because they look out for each other and because they’re next door to each
other and I’ve heard the comment that they aren’t, they aren’t my neighbor. Well they might be
so when I look at the arguments that are made about statements that were done 20 years ago by
individuals that we may or may not have met and not hearing that at the time someone was
sitting here or purchasing a property because they heard those comments, I look at it and say life
goes on. Things change. Change is inevitable. Properties change. Neighborhoods change.
People change and when you buy a piece of property you don’t know where the next road is
coming through or the next house is coming from or the next restaurant is going to be French
Italian or whatever. We just kind of plan as best we can for the future. Give as much notice as
we can and then take care of ourselves as Chanhassen neighbors so I do agree that I’m looking at
this more in the sense of what is before us today. But I’m troubled by the fact that there are two
competing interests that have been expressed. One the City, their concern with and the
information that we have had that hasn’t changed as far as I know and that is that the fire
department officials say that it’s better to have a through street then the cul-de-sacs so we’re
looking at those competing interests between the health, safety and welfare of the children, just
as you are with the traffic coming through and so these decisions are going to be very difficult
Chanhassen Planning Commission – October 2, 2018
34
and I don’t know whether anyone is going to be happy but I would hope that we could fashion a
motion that could move the potential project forward for further discussion. Allow this applicant
to have his hearing before the City Council with the opportunity to have the additional
information that has now been provided by this well orchestrated community. Always looked at
their interest and have been very forthright in what they’re looking at in a protective fashion and
it sounds like that they’re really open to a development. The question is what kind of
development and so when we talk about them getting together, we all see that but we can’t as a
commission say hey I move that they all sit down and they don’t leave the table and nobody goes
to the bathroom until we’re done. I think we have to let the parties take their natural course and
before us we have an applicant who’s made a motion and there is a Findings of Fact that have to
be made. When we do look at the, the arguments that were made by Stratford Ridge residents
and we talk about what has been presented in the packets, I do agree that some of them are not
verbatim but if you go through the packet the Findings of Fact are listed and they are through the
statute an they go step by step with the proposal for those findings so staff might, and us as a
commission might be better to direct staff to try to be a little bit more verbatim but I think, I
think we’re as open as we can be by providing all that information on the website including the
proposed Findings of Fact so I applaud the City for doing that. I applaud you for pointing out the
discrepancies and I think it can be looked at and we can come up with a better product so it’s
more consistent. More accurate because that’s what we strive to do is get you as much
information as homeowners so I would do that but I would welcome a motion that might strip
out those things that you are not in favor of perhaps. Or would like to set aside but at the same
time be able to move the applicant forward rather than have a straight denial if that was your
intention. And if you feel that the project can’t move forward as is, you don’t have enough
information I’m not sure at this point in time that, not having enough information is the same as
would be required for a denial. We’ve received information. We’ve received reports and
information from the individuals and the applicants and the neighborhood and I think we owe it
to them to go ahead and move this forward one way or another. So does anybody have any
ideas?
Randall: Well I agree with you that it needs to move forward. I’m just trying to think of the best
way to do that. To incorporate that so it’s not as vague as it is now. Or does it need to be vague
like it is right now and go to the City with all these issues or the City Council.
Aller: Well you can make whatever motion you want. I don’t foresee tabling it again to have
people get together.
Randall: No.
Aller: There are conditions in there that could be either enhanced or stripped or the motion as is
with the Findings of Fact as is. And if we’re going to deny it then there should be rationale for
that denial which may include information not being provided or based upon the information and
testimony that’s been provided by the neighborhood and the applicant.
Chanhassen Planning Commission – October 2, 2018
35
Weick: I can propose a motion.
Aller: Commissioner Weick.
Weick: I don’t know how to handle the, and the developer will have to maybe have a discussion
with the other homeowner about that little nub of land.
Aller: Sure.
Curt Fretham: Sure, we’d be willing to do that. Can I interrupt for just a second? You probably
are.
Aller: Sure.
Curt Fretham: Okay I’ll keep it short but we believe that, or what we would like to see is a
recommendation for approval of our plat that we’ve submitted. We believe that the water
concerns of your’s are very important and we feel confident that we can address those properly
and make changes to the plan that we can get staff to agree to so we’re hopeful that you could
put that in as a condition of approval that we meet your watershed stormwater management
requirements with both the watershed and city staff.
Aller: I think they’re already in correct?
Curt Fretham: Okay so just acknowledging that. And on the two provisions on the top 1 and 2
we’re talking about the through street, that hopefully you would strike that of course but I also
want to address your condition or disconcern and maybe it’s out of line but we have looked at a
number of other layouts with the properties to the south. We have tried to reach an agreement
with the property owners to the south to sell and there just hasn’t been an interest to do that or at
a price that was worked for us so I don’t want you to think that we didn’t look at that at all. We
certainly did so that’s all.
Aller: Thank you. What do you think?
Weick: You want to try or?
Randall: No you’ve got a train of thought so you go with that.
Weick: I do think there’s certainly, I think as I noted on you know page 10. Talk about the
HOA and other things about the drainage, I think it’s already written in those conditions if those
follow through in a strict, in my mind it’s written in a pretty strict manner that there’s still a lot to
prove and overcome in order to make sure that that works so I would propose that the
Chanhassen Planning Commission recommends approval of the preliminary plat to subdivide
2.14 acres into 5 lots and 1 outlot subject to the conditions of approval and adopting the Findings
Chanhassen Planning Commission – October 2, 2018
36
of Fact and Recommendation including for note the letter that we received prior to the meeting
and the packet of information that was presented during the meeting.
Aller: Which would be the Stratford Ridge subdivision residents packet.
Weick: Correct.
Aller: Okay. Is that your full motion?
Weick: Yes.
Aller: So that’s the full motion.
Madsen: Just clarification.
Aller: Clarification.
Madsen: So that would include the requirement for a through street?
Weick: No.
Randall: Where’s the, I was looking for that.
Madsen: Because I believe that’s a condition of that.
Weick: Okay. I thought by not including that in the proposal that it would, if that would then
strike the applicable conditions. That would be my intention.
Madsen: You’re striking the conditions for which?
Weick: So I’m striking the sentence that says, and a variance to allow a 50 foot public right-of-
way as shown in plans stamped received August 29, 2018. I’m striking that. That is not part of
my proposal.
Randall: But isn’t the right-of-way, isn’t that on the top up here?
Weick: No I think that’s for the through street I believe. That was the clarification.
Aller: That’s the stub for the through.
Randall: Okay.
Generous: It could be for a cul-de-sac.
Chanhassen Planning Commission – October 2, 2018
37
Weick: Or anything. My proposal and you’re certainly welcomed to vote against it, my
proposal is not to include a stub and to.
Aller: Well let me ask the engineer. Do we need a stub for the?
Curt Fretham: As a quick point. On the top of page 9 of 12 even though it’s not labeled as
conditions of approval, these are the conditions because it follows it saying it on the bottom of
page 8. So if we are not talking about the through street we would say that you would need to
strike out, and I would look to the city engineer, strike out items 1 and 2 under engineering
which is incorporating provisions for a through street as well as providing utility design to
extend sanitary water as part of that through street. Those two are directly related to a through
street design.
Aller: Well let me ask Mr. Bender whether or not would we need that for a cul-de-sac?
Bender: If a cul-de-sac went in there we wouldn’t need it. It just wouldn’t be a through street.
It’d be a street design that supports providing access and utilities to all of the lots which has been
discussed tonight could be of multiple configurations.
Curt Fretham: Our proposed…does not need items 1 and 2.
Weick: Should I withdraw the motion and restate it?
Aller: Sure. It hasn’t been seconded.
Weick: Okay. I will withdraw my previous motion and I will make a new motion. I’ll give it
another shot. The Chanhassen Planning Commission recommends approval of the preliminary
plat to subdivide 2.14 acres into 5 lots and one outlot subject to the conditions of approval,
striking items number 1 and 2 as it relates to the engineering section but adopting the remaining
Findings of Fact and Recommendation. Including the letter provided before the meeting started
by the homeowner and the packet provided by the Stratford Ridge Subdivision residents.
Aller: Do you want those to be conditions or just to be considered?
Weick: No, just noted.
Aller: Okay. So they’ve already been noted so those.
Weick: Then I didn’t need to say that.
Aller: Okay having a motion as stated. Without the reference to the Stratford Ridge subdivision
or the letter, do I have a second?
Chanhassen Planning Commission – October 2, 2018
38
Randall: I second.
Aller: Having a motion and a second, any further discussion?
Tietz: Yeah Chairman. I’m going to vote no simply because I think there’s a better solution and
I think we, I don’t know how the parties, if they did get together, what the correspondence has
been. How much time was spent but I’m looking out for the whole neighborhood. I agree with
the through street is inappropriate given the conditions we have there but I think there’s a better
solution for a three party solution and based on that I will vote against.
Weick: As a point of clarification there’s nothing in the motion that prevents any homeowners in
this neighborhood from meeting and getting together and making other arrangements. I just
want to note that. But that is not what’s in front of us tonight.
Aller: Additional comments, concerns, questions amongst the commissioners?
Madsen: So it incorporates all the rest including the homeowners association.
Aller: Correct.
Madsen: All those other items. Okay.
Aller: Again this is a motion that would be a recommendation to the City Council and final
action would be taken on October 22nd.
Jason Watt: Sorry to trouble you. Could you just repeat the motion one more time so we can try
to catch up with you?
Aller: I don’t have a court reporter to read it back but it’s basically the motion to approve the
subdivision with the conditions in the report, adopting the Findings of Fact except for the two
conditions that are in the engineering which would apply to a through street.
Jason Watt: So that is under the variance findings? Paragraph 1?
Aller: There is no request for a variance. So I have a motion and a second. Any further
discussion?
Madsen: Just that I think ideally it would be wonderful if the 3 property owners get together but
we do have to vote on what’s in front of us so although ideally I think it would be better if the 3
can, we can’t make that happen and we have to make a decision on this so.
Aller: Okay.
Chanhassen Planning Commission – October 2, 2018
39
Weick moved, Randall seconded that the Chanhassen Planning Commission recommends
approval of the preliminary plat to subdivide 2.14 acres into five lots and one outlot as
shown in plans stamped Received August 29, 2018 subject to the following conditions of
approval and adopts the findings of fact and recommendation:
SUBDIVISION
Engineering:
1. Deleted.
2. Deleted.
3. Provide ROW over the entirety of the trail along the west side of Minnewashta Parkway.
(The site plan indicates the eastern property line will comply with Condition #3 but the
concern identified in Condition #4 in relation to the existing survey was not addressed.
Therefore, Condition #3 remains as previously indicated.)
4. The survey of existing conditions does not indicate ROW between Glendale Drive and to
the south for approximately 100 feet. (The survey does not correlate with Carver
County’s property information which indicates right-of-way for the road section is in
place but a portion of the bituminous trail on the west side of Minnewashta Parkway is
not within the ROW.)
5. No stationing is shown in the plan set.
6. The drainage and utility easements are shown only on the plat. They should also be
conveyed on the site plan. (D&U easements were added to the grading plan but not the
site and utility plan.)
7. Indicate surface water drainage flow arrows on the grading plan.
8. Provide existing and proposed elevations at the following locations: each lot corner, top
of curb or centerline of the street at each lot line extension, center of proposed driveway
at the curb or edge of the roadway.
9. Additional conditions will be identified after the developer has an opportunity to revise
the design based upon the current conditions that are considered to be major in nature as
they will require significant changes to the design.
Water Resources:
Chanhassen Planning Commission – October 2, 2018
40
1. Private stormwater best management practices (BMPs) are not permitted in public
drainage and utility easements. Private BMPs shall be located outside of public drainage
and utility easements.
2. Easements for private stormwater treatment devices must be recorded against the
properties using the city’s private stormwater easement template and approved by the
City Engineer.
3. A Homeowners Association (HOA) encompassing all lots is required to ensure the
technical expertise and a funding mechanism for the operation and maintenance of
stormwater treatment devices is ensured in perpetuity.
4. Operation and maintenance of private stormwater BMPs is required in perpetuity. An
operation and maintenance plan must be approved by the Water Resources Coordinator
and recorded against the properties that details the HOA’s permanent inspection,
maintenance, and funding mechanism that ensures stormwater BMPs will function as
designed.
5. To ensure stormwater treatment devices function as designed, the developer is
responsible for the operation, maintenance, and performance of all stormwater
improvements including vegetation, structures, soils, inspections, and erosion/sediment
control for the first five years after project completion. After the first five years,
responsibility shall transfer to the HOA. The developer is responsible for ensuring all
stormwater improvements are functioning as designed at the end of the first five years. If
stormwater improvements are not functioning as designed at the end of the first five
years, as determined by the City Engineer, than the developer shall remain responsible
for all operation and maintenance until devices are functioning as designed.
6. Infiltration/filtration basins must be located a minimum of 10’ from the building envelope
of any primary structure.
7. If an emergency overflow route is adjacent to the property the lowest building opening
must be a minimum of one foot above the emergency overflow (City Code Sec. 19-144).
Proposed EOF for lots 1-4 = 978.5’-978’. EOF route proposed onto adjacent property
6760 Minnewashta Parkway with lowest building opening approx. 976’ (window well).
All EOFs routing onto this adjacent property must be 1’ below the lowest floor opening.
Developer may provide a treatment train or single stormwater treatment device on Lot 5
to meet this requirement.
8. EOF routes shall not create a hazard or nuisance condition onto adjacent property (City
Code Sec. 7-78).
9. SWPPP contact must be identified.
Chanhassen Planning Commission – October 2, 2018
41
10. Developer must provide an erosion and sediment control plan, and dewatering plan
approved by the Water Resources Coordinator.
11. Maximum impervious per lot is 25%.
12. All pervious surfaces require six inches of topsoil and 18 inches of decompaction.
Topsoil shall be tested and approved by the Water Resources Coordinator.
13. The developer shall provide an updated Hydrocad model and stormwater management
plan that is consistent with and supports the engineered plans and geotechnical report.
14. The geotechnical report identifies the presence of groundwater at 972 elevation on Lot 5
(SB-1). There must be three feet of separation between the bottom elevation of
stormwater infiltration devices and the water table. Based on the geotechnical report, the
bottom elevation for an infiltration basin on Lot 5 can be no lower than elevation 975.
15. The geotechnical report identifies moderately slow permeability of soils. Basins are
proposed with 12” ponding depth suitable for well draining soils. Basins must be sized to
allow no more than 6” of ponding depth and drawdown within 24-48 hours.
16. Soil borings and infiltration tests must be performed within the perimeter of all basin
locations prior to final approval.
17. Design plans must be provided for all vegetated BMPs including contours, grading, inlet
and outlet structures, underdrains, filtration media/amended soils, location and quantities
of all species used. Ecotype must be native or approved native hybrid.
18. Details must be provided and approved for all stormwater treatment devices.
19. The proposed redevelopment requires Minnehaha Creek Watershed District (MCWD)
development review and permits.
20. It is the applicant’s responsibility to ensure and submit proof that permits are received
from all other agencies with jurisdiction over the project (i.e. Army Corps of Engineers,
DNR, MnDOT, Carver County, MCWD, Board of Water and Soil Resources, PCA, etc.)
prior to the City issuing permits.
21. Project must meet all stormwater requirements of the city and the MCWD.
22. Project will require stormwater management fees associated with city development
review and permitting process. Fees can be estimated but cannot be accurately calculated
until approvals have been received from the MCWD.
23. The site plan must identify the ability to install a future stormwater pipe that could
connect the development to a regional pond southeast of the development.
Chanhassen Planning Commission – October 2, 2018
42
24. The development must use Chanhassen Standard Specifications and Detail Plates.
Parks:
1. In lieu of parkland dedication and/or trail construction, full park dedication fees shall be
collected at the rate in force at the time of final plat approval. At today’s rate, these fees
would total $29,000 (five lots x $5,800 per lot).
Environmental Resources Coordinator:
1. The minimum number of overstory trees required to be planted in the development is 41.
2. Tree preservation fencing shall be installed around existing trees to be saved prior to any
construction activities and remain installed until completion.
3. The applicant shall install the required buffer yard plantings on Lot 5 along Minnewashta
Parkway.
All voted in favor, except Commissioner Tietz who opposed, and the motion carried with a
vote of 4 to 1.
Aller: And the motion carries 4 to 1. Again thank you to all the residents for appearing for
presenting and taking the opportunity to get together as a community and choosing two
representatives. One two representatives but showing your support for them as they presented
your information and thank you to the applicant for presenting and listening patiently and I think
hopefully we’re on our way to some form of resolution so good luck to all.
APPROVAL OF MINUTES: Commissioner Madsen noted the verbatim and summary
Minutes of the Planning Commission meeting dated September 18, 2018 as presented.
COMMISSION PRESENTATIONS. None.
ADMINISTRATIVE PRESENTATIONS.
Aller: We’ll go to City Council action update and administrative.
Generous: Thank you Mr. Chairman. The only item, planning item that went to the City
Council was a variance request. Or the amendment to the Chanhassen Retail Center for
additional signage and that was denied.
Aller: And it was denied on procedure right? It failed for a second?
Generous: Yeah.
Chanhassen Planning Commission – October 2, 2018
43
Aller: So there was a motion made. There was no second and therefore the.
Generous: They couldn’t approve it.
Aller: Oh no then there was a second motion too to deny.
Generous: So and that’s it for council action because we haven’t had any projects that came
through.
Aller: Right.
Generous: Future Planning Commission items. The October 16th meeting is now a work
session. We’ll be meeting in the Fountain Conference Room. I was supposed to poll you,
would you rather come in at 6:00 and get it done earlier or 7:00 for a meeting time?
Aller: The 16th.
Generous: October 16th. We’re going to review, there’s been changes to the flood plain
protection ordinance and we need to adopt it by the end of the year and so we’d like to present
the items to you so that you can.
Aller: Is there a work session coming up on that with the City Council before that date too?
Generous: Is there a work session? Not that I’m aware of. We will be presenting information to
them on that.
Aller: Okay.
Generous: And then the following, November 6th is an election night so we don’t have a hearing
that night and so November 20th we would actually bring the ordinance back for the public
hearing and we will notify the people who are affected by the ordinance directly because there
are some changes in flood classifications for certain properties and so we’ll go through there.
We need to make this amendment so that we can continue to get flood insurance in the
community.
Aller: Yeah that’s what I was going to comment on. So those of you at home that are watching
should keep and eye on that because it does impact your ability to obtain or the cost of insurance
and the necessity to have flood insurance.
Strong: Do just want to add one note Commissioner Aller. There was, it was an error to the
FEMA flood plain maps and it was an error by FEMA that they accidentally offset one of our
lines and it will create a couple of parcels to be in the flood plain that shouldn’t be in the flood
Chanhassen Planning Commission – October 2, 2018
44
plain. There is an appeals process that staff will help them through and that was FEMA’s
direction to correct their error so.
Aller: So hopefully after FEMA corrects their error they will not be in a flood plain.
Strong: They will not actually be correcting their error. They decided to develop the appeals
process for those property owners that are impacted by their error but part of this is also to ensure
that those property owners know that there is a process for that.
Aller: There’s a process out there.
Strong: It’s unique to Chanhassen so.
Aller: We are unique.
Generous: We’re just lucky.
Aller: Any additional comments?
Generous: So it was back to the polling. We won’t be having dinner that night but would we
rather do it at 6:00 or your normal 7:00?
Aller: Those that are challenged as far as time? I can go either way.
Weick: I have no preference so.
Madsen: I could go either way but how thick is it? I mean how many hours do you anticipate it
will take?
Generous: It won’t be, it should be less than an hour I would think would be total presentation.
It’s basically to give you the background and let you know where we’re going with the ordinance
and so that you’re not given all this when we have the public hearing and have these people that
we notified that you’re now in the flood plain and as Vanessa said some of them aren’t and we’ll
tell them about the process that we’ll help them get through.
Aller: Great.
Madsen: Whatever works.
Aller: 6:00.
Weick: 6:00 it is.
Chanhassen Planning Commission – October 2, 2018
45
Generous: Okay.
Aller: We’ll try to shoot for 6:00.
Tietz: But let Mark and Michael know so. I might not read everything that I get and I always go
at 7:00 so just let them know.
Generous: Okay. And we’ll put that information out to you and again we’ll highlight that it will
be in the Fountain Conference Room. We’ll keep, we won’t have Nann here so we’ll just keep
summary minutes.
Aller: Great. Okay I’ll entertain a motion to adjourn.
Commissioner Weick moved to adjourn the meeting. All voted in favor and the motion
carried unanimously with a vote of 5 to 0. The Planning Commission meeting was
adjourned at 9:40 p.m.
Submitted by Kate Aanenson
Community Development Director
Prepared by Nann Opheim
CITY COUNCIL STAFF REPORT
Monday, October 22, 2018
Subject Receive Park & Recreation Minutes dated September 25, 2018
Section CONSENT AGENDA Item No: D.3.
Prepared By Nann Opheim, City Recorder File No:
PROPOSED MOTION
“The City Council receives the Park & Recreation Commission minutes dated September 25, 2018.”
Approval requires a Simple Majority Vote of members present.
ATTACHMENTS:
Park and Recreation Commission Summary Minutes dated September 25, 2018
Park and Recreation Commission Verbatim Minutes dated September 25, 2018
CHANHASSEN PARK AND
RECREATION COMMISSION
REGULAR MEETING
SUMMARY MINUTES
SEPTEMBER 25, 2018
Chairman Scharfenberg called the meeting to order at 7:30 p.m.
MEMBERS PRESENT: Steve Scharfenberg, Rick Echternacht, Jim Boettcher, Meredith
Petouvis, Karl Tsuchiya, Joe Scanlon, and Grant Schaeferle
MEMBERS ABSENT: Cole Kelly
STAFF PRESENT: Todd Hoffman, Park and Rec Director; Jerry Ruegemer, Recreation
Superintendent; Katie Matthews, Recreation Supervisor; Adam Beer, Park Superintendent; Jodi
Sarles, Recreation Center Manager; and Mary Blazanin, Senior Center Coordinator
APPROVAL OF AGENDA: Chairman Scharfenberg approved the agenda as presented.
PUBLIC ANNOUNCEMENTS: Todd Hoffman announced that he and Adam Beer will
represent the City of Chanhassen in Rochester to receive the Award of Excellence in Community
Engagement for the Park System Master Plan. Jerry Ruegemer announced that the Chanhassen
High School homecoming parade will be in downtown Chanhassen on Friday, October 5th.
VISITOR PRESENTATIONS. None.
APPROVAL OF MINUTES: Echternacht moved, Boettcher seconded to approve the verbatim
and summary Minutes of the Park and Recreation Commission meeting dated August 28, 2018
as presented.
2018-19 ICE SKATING RINK LOCATION RECOMMENDATIONS. Katie Matthews
presented the staff report on this item.
Boettcher moved, Echternacht seconded that the Park and Recreation Commission
recommends that the following ice skating rink locations and warming houses be
maintained for the 2018-19 season:
Chanhassen Rec Center
1-Pleasure Rink
2-Hockey Rinks
North Lotus Lake Park
1-Pleasure Rink
1-Hockey Rink
Park and Recreation Commission Summary – September 25, 2018
2
City Center Park
1-Pleasure Rink
1-Hockey Rink
Bandimere Park
1-Pleasure Rink
1–Hockey Rink
Roundhouse Park
1-Pleasure Rink
All voted in favor and the motion carried unanimously with a vote of 7 to 0.
2018 LAKE ANN PARK CONCESSION/BOAT RENTAL EVALUATION. Jerry
Ruegemer presented the staff report on this item. Commissioner Tsuchiya asked for clarification
of $1,500 lower expenses. Chair Scharfenberg stated he liked the idea of the punch card reward
system but thought 10 rentals might be a little excessive and noted frustration expressed by
people not being able to rent watercraft. He suggested having a sign up sheet for watercraft
rentals.
PARK MAINTENANCE QUARTERLY UPDATE. Adam Beer presented updates on
projects completed by the Park Maintenance department over the summer and into the fall.
RECREATION CENTER UPDATE. Jodi Sarles presented the update on activities and
programs being offered at the Rec Center.
SENIOR CENTER QUARTERLY UPDATE. Mary Blazanin introduced herself to the
commission before presenting updates on activities and program being offered at the Senior
Center.
2018 HALLOWEEN PARTY PREVIEW. Katie Matthews provided highlights of the
upcoming annual Halloween Party which will be held on Saturday, October 27th.
COMMISSION MEMBER COMMITTEE REPORTS. None.
COMMISSION MEMBER PRESENTATIONS. None.
ADMINISTRATIVE PACKET. Todd Hoffman discussed a request by a resident who lives
near Carver Beach for kayak storage. After discussion by commission members it was the
consensus to continue the policy currently in place regarding watercraft storage at city parks.
Park and Recreation Commission Summary – September 25, 2018
3
Echternacht moved, Boettcher seconded to adjourn the meeting. All voted in favor and the
motion carried unanimously with a vote of 7 to 0. The Park and Recreation Commission
was adjourned at 8:10 p.m.
Submitted by Todd Hoffman
Park and Rec Director
Prepared by Nann Opheim
CHANHASSEN PARK AND
RECREATION COMMISSION
REGULAR MEETING
SEPTEMBER 25, 2018
Chairman Scharfenberg called the meeting to order at 7:30 p.m.
MEMBERS PRESENT: Steve Scharfenberg, Rick Echternacht, Jim Boettcher, Meredith
Petouvis, Karl Tsuchiya, Joe Scanlon, and Grant Schaeferle
MEMBERS ABSENT: Cole Kelly
STAFF PRESENT: Todd Hoffman, Park and Rec Director; Jerry Ruegemer, Recreation
Superintendent; Katie Matthews, Recreation Supervisor; Adam Beer, Park Superintendent; Jodi
Sarles, Recreation Center Manager; and Mary Blazanin, Senior Center Coordinator
APPROVAL OF AGENDA: Chairman Scharfenberg approved the agenda as presented.
PUBLIC ANNOUNCEMENTS:
Hoffman: Just like to let everybody know that Adam and I are happy to represent the City of
Chanhassen tomorrow night in Rochester as we receive the Award of Excellence in Community
Engagement for the last year’s Park System Master Plan so really quite a surprise. I think either
the Mayor, somewhere between the Mayor and the City Manager they sent the application
process. They said hey, we might as well apply. We did and that was this past April and we
were selected. If you remember it was because we had community engagement or response
levels 3 to 5 times higher in most, or all categories than most plan, system plans so that was
really quite a special acknowledgement. 10 percent of our community participated in some form
of response for our system plan and that just shows how much interest there is in parks and
recreation in Chanhassen so we’ll be there on stage. We’ll home a picture for you and probably
some kind of a plaque.
Scharfenberg: Alright, thank you Todd.
Ruegemer: Commissioner Scharfenberg real quick. Just want to let everybody know that
Chanhassen High School Homecoming parade is a week from this coming Friday, October 5th.
4:00 downtown so we’ve been working with the Chanhassen High School and the District to
make sure that we have traffic control and cones and barricades so everybody has a quality
experience so just wanted to let everybody know about that so if you guys are free make sure you
make it downtown for the annual event.
Tsuchiya: What time?
Park and Recreation Commission – September 25, 2018
2
Ruegemer: 4:00.
Tsuchiya: Okay.
Ruegemer: Thank you.
Scharfenberg: Do we need a permission slip to go? I think I forged one one time for that.
VISITOR PRESENTATIONS. None.
APPROVAL OF MINUTES: Echternacht moved, Boettcher seconded to approve the verbatim
and summary Minutes of the Park and Recreation Commission meeting dated August 28, 2018
as presented.
2018-19 ICE SKATING RINK LOCATION RECOMMENDATIONS.
Matthews: Thank you Chair Scharfenberg and commissioners. On an annual basis the staff
closely monitors the outdoor skating rinks and then it identifies how to best serve the skating
needs of the Chanhassen residents. For the 2018-2019 season staff recommends to flood 10 ice
rinks at 5 locations and maintain 5 warming houses and this is the same number of ice rinks and
warming houses as the 2017-2018 season. So just in case you’re unaware of the locations of the
skating rinks they’re at City Center Park there’s one hockey rink and one open rink and then we
have a warming house brought in for those, for the people using the skating rinks. North Lotus
we’ve got one hockey rink and one open rink along with a, we bring in a warming house to use.
And then City Center Park is right out we’ve got one of those. And then at the Rec Center we’ve
got two hockey rinks, one open rink and a permanent warming house there. Bandimere Park
which is our newest skating rink, we’ve got one hockey rink and one open rink and we bring in
the trailer for the warming house similar to the one at City Center and the one at North Lotus.
And then Roundhouse is more of our, it’s a special location. It only has one open skating rink
with the round house that we actually open for a warming house and the round house is open on
special long weekends and special days like over winter break. Does anybody have any
questions about those?
Scharfenberg: Any questions for Katie relative to the skating rink recommendations? I would,
Katie and/or Todd and Jerry, have we had any requests in the last year or two years relative to
different locations?
Hoffman: Not that I’m aware of.
Scharfenberg: Yeah. I know the one time several well several years ago that somebody had
come in for the Lake Susan Hills area I think because they had a light in the park at one time but
okay. If we don’t have any further discussion can I get a motion relative to the skating rink
locations.
Park and Recreation Commission – September 25, 2018
3
Boettcher: I’ll make a motion just need a simple majority apparently for the ice skating rink
locations as stated by Katie and the warming houses be maintained for 2018-2019.
Scharfenberg: We have a motion. We do have a second?
Echternacht: I’ll second it.
Boettcher moved, Echternacht seconded that the Park and Recreation Commission
recommends that the following ice skating rink locations and warming houses be
maintained for the 2018-19 season:
Chanhassen Rec Center
1-Pleasure Rink
2-Hockey Rinks
North Lotus Lake Park
1-Pleasure Rink
1-Hockey Rink
City Center Park
1-Pleasure Rink
1-Hockey Rink
Bandimere Park
1-Pleasure Rink
1 –Hockey Rink
Roundhouse Park
1-Pleasure Rink
All voted in favor and the motion carried unanimously with a vote of 7 to 0.
Scharfenberg: Thank you Katie.
Matthews: Thank you.
2018 LAKE ANN PARK CONCESSION/BOAT RENTAL EVALUATION.
Ruegemer: Thanks Chair Scharfenberg. Just wanted to go through the annual evaluation here
for Lake Ann. Lake Ann again was very popular again destination for beach use and also for the
watercraft rentals. Kind of a breakdown of our watercraft revenues. $20,653.49. Food revenues
were $9,789.49 so a total of about $30,433 in total revenue for both the food and the watercraft.
Park and Recreation Commission – September 25, 2018
4
Per our agreement with Twin Cities Paddleboard with a 30 percent that we owe them for their
supplying the equipment, us supplying the labor, that totaled out to be about $3,100 for the total
times that we rented out the paddleboats and the revenue this year for that. Sales tax deducted
from that so we had an overall revenue of just over $25,127 for that so again that’s been a great
revenue source for us. Having the watercraft have really increased in revenues down there with
the agreement with Twin Cities Paddleboard. Jeff Gibbon is the owner of Twin Cities
Paddleboards. He’s still thrilled with the agreement that we have down there to, for him to
supply the equipment and the paddleboards down there so he’s in again for 2019 so he’s very
happy with the arrangement and it’s been a wonderful arrangement for us as well. For that so
we’re all in for next year with the same terms of the agreement so that’s something to look
forward to. Certainly Lake Ann is a great destination that we certainly try to exceed customer
expectations down there as well so we really try to look at the little things that make a big
difference in helping people out with information or service generated type of requests for that so
you know again we continue to be very busy on the weekends. We seem to be a popular
destination for company picnics, family reunions, graduation parties. A lot of times the
companies will make arrangements for, to rent some boats. Kind of guaranteed revenue for us so
that takes time to get all the, to process the rental agreements and make sure that we keep
everybody kind of going in the right direction while maintaining the regular crowd that we have
down at the concession building as well so what we have been doing about the last 3-4 years of
kind of having kind of a crossover in shifts between the first and second shift so we’ve been
usually trying to go at least between 2 to 3-4 hours kind of overlap so we have dual people there
during kind of the peak of the day during kind of that mid-afternoon timeframe so we really try
to take care of our customers. It does get busy down there and so we ask our concession workers
to do a lot down there and juggle many things. Think on their feet with that so it’s a lot of you
know kind of juggling chainsaws at times here so but they do a great job down there so we’re
trying to, we’ll continue with that, kind of that overlap on the weekends for that to make sure
we’re taking a look at our customer base for that. So we continue to have the large group
calendars for everybody so the concession people know kind of who’s coming in and other
people do ask. Hey we’re from the ABC Company. Where’s our company picnic? You guys
are upstairs. You’re in the Klingelhutz Pavilion type of thing so just more information out there
to share. Certainly always look for additional healthy options, whether it’s you know granola
bars or pre-packaged fruit type of thing as far as other, and drink choices as well other than soda.
We’ve been trying to kind of introduce some other things as well with that. We’re going to look
into incorporate soft pretzels. We did have the Von Hansen kind of pretzels in a plastic container
this year. Those were supposed to be the hot seller. We did okay on those but I think people
really had hoped that we had soft pretzels instead of the flavored type of pretzels and that so
we’re going to try to look for a vendor that next year. If we can kind of pull that off I think that
would be a good option for us out there as well. I looked to purchase a two person kayak as
well. Seemed like a lot of people would like to have, be on the same kayak versus maybe going
out on two separate ones so to kind of enjoy their experience out there so we’re going to take a
look at that. If we can purchase another one. Seemed like our trolling motors are busy out there
so they get a little tired and a lot of the switches are plastic and they kind of break so there is
some maintenance that we need to do on those so I’ll, going to plan on purchasing another
Park and Recreation Commission – September 25, 2018
5
trolling motor or two to make sure that we’re up to date with all that. One new thing we did this
year was we completed probably the tail end of last year went into this year but we have all new
LED lighting down there in the bathrooms. The bathroom hallways. Inside the concession
building and that’s made a world of difference. It’s really a wonderful new thing. It’s so much
brighter down there now and there are a lot of, they’re really energy efficient as well so we’re
very happy we did that. And then also what we’re going to take a look at for next year is to have
some type of a reward program for repeat customers so if they, we’re going to maybe introduce
some type of punch card so if you rent you know 10 times you get the 11th free type of thing so
really try to reward people for coming out. Being repeat customers and hopefully we can pre-
sale those and increase revenues that way as well so we’re going to take a look at that. See what
we can come up with so we’re excited about that. And if we just go into the expenses and the
revenue so we kind of have the side by side comparisons, does everybody have that in their
packet? We can kind of look at the paddleboard numbers from 2018 and paddleboards,
paddleboats, canoes. So you kind of see kind of where we ended up. We are down just a little
bit of a tick this year. We’ve had probably 4 or 5 rain days this year that we were closed so I’m
confident had we been those that we would have exceeded our numbers from last year so as you
can see our revenue was very close with that so we’ve been pretty consistent in that number for
the last 3 or 4 years. We kind of look at our wage costs on that. The number of hours that we
had down there and wage costs with that and then our vendor costs with our Watson is our ice
cream vendor. Popcorn. Candy, that type of thing so you can see what we spend annually on
there. Great Lakes Coca Cola is where we get our beverages from and then Cub Foods is some
hotdogs when needed. Hotdog buns. Chips. Condiments. That type of thing. So you can see
our total expenses did go down from 2017 so kind of net profit. At the end of the day we’re just
almost $9,300 in profit after all the expenses are paid. With that so just the next attachment is
just the vendor expenses kind of broken down. We kind of just discussed and then also one of
the, the last attachment is the watercraft totals on a daily basis throughout the course of the
summer. Does anybody have any questions?
Boettcher: So is the rental day 3-4 hours?
Ruegemer: I’m sorry.
Boettcher: Does the rental day considered 4 hours or 8?
Ruegemer: The rental day?
Boettcher: So if I want to rent a boat for a day…
Ruegemer: Oh yeah, 4 hours.
Boettcher: It is 4.
Ruegemer: Yep.
Park and Recreation Commission – September 25, 2018
6
Boettcher: So you rent it twice. You get 2 days…
Scharfenberg: Any other questions for Jerry?
Tsuchiya: I was wondering on the supply side between ’17 and ’18. It’s you know $1,500 less
this year than it was last year. Is that just because they sold less?
Ruegemer: I would say we tried to stay on top of things a little bit more by different types of
supplies and just kind of keep an eye on things and really kind of start cutting back towards the
end of the summer.
Tsuchiya: So like inventory management and?
Ruegemer: (Yes).
Tsuchiya: Okay. I mean obviously I’m happy. I’m just you know $1,500 in the scheme of
things is quite a significant savings so I’m just wondering what was the explanation but yeah, it’s
inventory management and such that’s great.
Scharfenberg: Jerry I really like the idea of the punch card. Just seems like 10 might be a little
excessive for somebody, I mean because that would almost be almost the whole summer you’d
have to rent something every week to get it so maybe a little bit less would encourage people to
maybe do that.
Ruegemer: Okay.
Scharfenberg: And then the other thing I know from having somebody who worked there this
summer was that there were some complaints, not complaints but people expressed some
frustration when they wanted to rent something and everything was maybe rented out and then
they would come back and not be able to get something because the paddleboat went out again
and they thought maybe they would be able so I don’t know if there’s some way somebody can,
they can have a sign up sheet and say yeah you’re next in line and be able to come back and be
assured that they’re going to be able to get something.
Ruegemer: Okay. Sounds good, thank you.
Hoffman: Yeah with a cell phone or a text.
Scharfenberg: Yeah, right. Maybe they can text them and say hey it’s back and you can rent
that thing, that would be helpful yeah. Alright, thank you Jerry.
Ruegemer: Thank you.
Park and Recreation Commission – September 25, 2018
7
PARK MAINTENANCE QUARTERLY UPDATE.
Scharfenberg: We’re starting with park maintenance quarterly update. Adam.
Beer: Thank you Chair Scharfenberg and commissioners. Here tonight just to discuss kind of
what our maintenance staff has been working on through the tail end of the summer and what
we’re going to be moving into in the fall here so just to touch on a few construction projects.
The last year of the shelters is now complete so moving into the fall we’re going to be doing
some more over seeding and fertilizing to ensure that we get some good turf coverage for the
spring. Manchester Park is fairly close to completion. The playground structure is up and in
place. The park shelter was just finished today so my guys have been out adding the pea gravel
for proper drainage and they got all of the wood fiber in place so at this point we’re going to be
looking to start restoration and removing any extra swale plows that are there and plant some
seed so progressing is being made. Fox Woods trail is one of the stops we looked at through the
joint commission tour. We’ve hit obviously with the weather of a few stalls and bumps in the
road but the site is ready for rock and trail paving so Todd and I drove out there today. The
grading stakes were all in place and the new curb cuts are in so we’re making steps in the right
direction. Just a few kind of odds and end things for the trail maintenance. Each fall we go out
and address all of our aeration needs on the specifically the soccer fields which tend to get more
wear and tear at Bandimere and Lake Ann. So staff’s been out doing that over the last couple
weeks and we’ll continue to kind of peck away at more fields as the weather allows so Lake Ann
is going to be the field that is taken out of circulation this fall which gives us a little extra time to
add a few additional cultural practices that we typically won’t get to just in a normal year so
we’ll do more extensive aerification. Try to add a little more fertilizer and just give it a break so.
The last few weeks we’ve been really working hard to try to get in front of some trail trimming.
We’re getting close to plow season so with, you know around 100 miles it takes some time to
visit each area so the guys have been working a couple days a week to try to get ahead of the
curve and get eyes out in the field to see what has to be addressed so that’s a little bit about some
construction projects and just some general maintenance things. We’ve had over the last month,
2 months some big personnel changes. One of our long term, 30 year employees retired and we
just replaced with another staff member. Jason Koehnen so he’s been on now for a few weeks.
Pretty exciting to get somebody new in and start moving forward and Dean Schmeig our Park
Foreman after 35 years will be retiring this Friday so a lot of big changes in park maintenance.
We were able to promote one of our current staff up to the foreman role so I think next month I’ll
bring him in and introduce Gary Berg to you guys and let him kind of give a little background so
a lot of stuff changing. If you guys are around Friday and want to swing in you’re more than
welcomed. We’re doing a potluck lunch and that’s that.
Scharfenberg: Okay. Any questions at all for Adam? Adam again wonderful work that the staff
does to keep our parks up to the quality, you know the mowing that takes place on a daily basis
and the clean up that goes on. It’s a big task. You guys do a great job to you know set forth our
parks and kind of make them shine so thank you again and express our appreciation to Dean. I
Park and Recreation Commission – September 25, 2018
8
don’t know that we’ll be there. Be able to be there on Friday but express our, as a commission
our gratitude to Dean for his 35 years of service to the City of Chanhassen.
Beer: Absolutely. I certainly will.
Scharfenberg: Okay, thank you.
Beer: Yep.
RECREATION CENTER UPDATE.
Scharfenberg: Next up is Jodi.
Sarles: Thank you Chair Scharfenberg and commissioners. Good evening. You can certainly
tell it’s back to school time and people are coming back out to the Rec Center. We’ve had a
number of things going on there since summer. We shut down at, our gym this year and we fully
shut it down as they had the floors sanded, repainted which hasn’t happened since they opened
the building and so now we have permanent pickleball court lines in there. We have some things
so it will a lot, it’s a lot nicer. The floors if you look in there they’re light pine so they sanded it
all the way down so it’s pretty bright in there now so that’s great. As far as other facilities, the
facility rentals are going strong now. People are back inside and meetings are starting back up
and getting out of the, getting back into their full year after the summer routine. A few program
things, highlights here. The Dance for Fun program we’ve started our fall season. We’ve got
over 25 classes and we’re offering in a variety of styles and 179 dancers in the program. There’s
fewer competition dancers this year but there’s more recreational dancers so it’s kind of a toss up
there between that. Rec Center Sports, we’re just finishing out our session of soccer which I
think 50 percent of the time has been held inside the gym because it’s rained every Tuesday or
Wednesday I think on and off so the kids are getting their medals tonight. Jerry told me or
somebody, Jerry you told me everyone, Chick-fil-A with their medals on with their parents so
that was great to hear. So we had finished out a strong summer with 72 in the August t-ball
program and then started up with 71 in the fall Small Fry Soccer. And then our Lil Star Sports is
that’s the 4 to 6 year olds and they are, they’re going on and this is their last night as well. And
that one was a little light this year so we were only 41 youth in those two programs. And then up
next for our After School Kids are flag football and that will start next week so we’re kind of
rolling into the next season. As far as pickleball we’re always pretty busy with pickleball out
there. Throughout summer and fall we’ve offered the 4 beginner lessons. 46 participants which
is pretty much we filled everyone that we offered. We just did 12 more on Monday so it’s, we
just make sure that we have the space and if it rains they can be inside in the gym and all of that
so we max out our lessons at 12:00 and then we have 3 volunteers that come out and lead those
so it’s a great program that we do with the Southwest Metro and that’s very kind of them to
come and so those lessons for us. We held our annual Barnyard Boogie. This time we really, we
blew it out. We got, it was on September 14th. We co-sponsored with Victoria Park and Rec.
On top of the typical petting zoo, bounce house, Target contacted me and they wanted to do a big
Park and Recreation Commission – September 25, 2018
9
promotional to announce their store remodel and invite everybody back so every kid received a
little Target dog. Stuff animal. The parents got a coupon, cookies and I can’t remember what
else but all sorts of fun stuff. And then we have a new program Go Gymnastics and she set it
up. A station for gymnastics in our gym and so the kids were doing all sorts of flips and
tumbling and everything so it was fun. Weather was great so we had over 260 people and that’s
probably the most we’ve had in the past 5 years I think now so that was great. So that I just said
about the Go Gymnastics. They offer 3 different age groups. They’re mobile gymnastics so they
come in. They bring in all their equipment and they do it in the mornings and then they leave
with all their equipment and I don’t have to store anything so it’s a perfect set up for us. Another
new program we’re starting, we’ve had really successful Sale on our Own classes and then our
babysitting training is that same person is offering Polite Kids so I’m not sure the kids will be as
excited about those programs as the other ones but it’s teaching manners and how to be nice to
people and body language and communication so a few kids have signed up so far but we’ll see.
It’s next month. And then we try to throw out some free trial clinics and things so we just held
one for Fit for Life. We’re onto a free trial clinic for next week for Zumba so people can just try
it for a half hour. Kind of learn the moves and not be so scared when they come to their first
class so that one’s next week. And then we’re coming up to our annual Artisan Fair. It’s going
to be our 10th anniversary of that event so that’s Saturday, November 3rd. So we’re still taking
all sorts of vendors and information and then the next one is the Holiday Boutique and that one
we allow commercial vendors to come into as well so with that if you guys have any questions
please feel free to ask.
Boettcher: So what type of gymnastics participation do you see for the 18 month olds? Are they
out there going jumping jacks and.
Sarles: They’re tumbling. It’s basically tumbling.
Boettcher: I’m just not seeing them doing the crab walk and the…
Sarles: No. No, no, no, no, no, no. We’ll wait until they turn for 5 until that one right.
Scharfenberg: Any other questions for Jodi? Thank you Jodi.
Sarles: Thank you.
SENIOR CENTER QUARTERLY UPDATE.
Scharfenberg: Next up is Mary. I’d like to welcome Mary to her first Park and Recreation
Commission meeting and maybe you can give us a little bit of introduction and a little
background.
Blazanin: Sure yeah. Thank you Chair Scharfenberg and commissioners and yeah, thanks for
welcoming me. So I’ve been in the job for what, 3 months and things are going really well. I
Park and Recreation Commission – September 25, 2018
10
have to say Chanhassen has been an extremely welcoming community and I appreciate that.
Staff here are great and they’re not paying me to say that. Well no maybe they are. Anyway
staff has been great. Sue left me in fabulous hands and it really had set up a wonderful series of
programming that I just had to jump into and run so that was great. My background a little bit.
Been working with seniors pretty much my entire career. Worked for the Long Term Care
Omnibus program at the State of Minnesota for a number of years before taking a break to stay
home and raise my kids and do some part time work. Got back into working in senior housing
for the past 7 years running programs for a facility in Bloomington and now I’m here. So I’ve
kind of a wide variety of background working with seniors and more than anything I just enjoy
being with them so.
Scharfenberg: Well welcome.
Blazanin: Thank you. Thank you. So as I said Sue left me in good hands. We’ve been super
busy with a whirlwind of summer trips and activities that take advantage of the long, warm
summer days. We have very active seniors in Chanhassen and that’s fun to see. Speakers and
programs that have an educational component to them are very popular and also anything that
involves food. So we had dinner, I listed everything here and I know you have a copy of that.
Dinner with the Mayor was a full house. We had 56 people in attendance. Staff helped serve.
The Mayor spoke. A lot of positive feedback on that. We have done some Grandparent and Me
events. We did Bingo in the Park. We had youth volunteers. Katie had some volunteers for me
who actually ran the whole thing which was really fun and we had pretty high participation.
There were 26 people there. A combination of grandparents and even a great grandparent so that
was kind of fun. We went for the first time this year to a St. Paul Saints game and wonderful
stadium. We just wanted to get a feel for how it worked. Everyone had fun. They all want to go
back and they won so that’s good. Recently we hosted what we called a Cruise the World of
Senior Housing. We invited 6 or 7 senior living facilities to come in and do a short presentation
about their facility. A power point and then they fed us which was great and people could stay
around and ask questions. Got a lot of good feedback about that as well. Our annual Ladies Tea
Luncheon served 65 guests just last week. We had a style show. A lot of laughs. That was a lot
of fun for the ladies. Looking forward in November. November is Dementia and Aging
Awareness Month so we’re sponsoring a number of different events and speakers. Many of
those are listed there. A lot going on in November but I know that people don’t just focus or
think about dementia one month out of the year. That for many people it’s a daily struggle or a
daily issue so I’m going to continue these types of programs once a month we’ll have, at least
once a month we’ll have a program that will focus on helping caregivers understand dementia a
little bit better and find the resources that they need to keep their loved ones safe and cared for.
Upcoming events that I want you to know you’re welcomed to join us on. We have an
Octoberfest coming up on October 17th. Right now I have over 60 people signed up for that. I’m
sure we’re going to hit our 80 mark. You’re welcomed to come to that. It’s going to be over at
the Rec Center starting at noon on the 17th. A pancake breakfast November 15th. It’s going to be
cooked up by city staff so they tell me starting at 9:00 a.m. and then our annual Holiday Party
which is a really large event hosting up to 125, maybe more and that will also be at the Rec
Park and Recreation Commission – September 25, 2018
11
Center in December on December 6th. I’m working now on filling the calendar into next year. I
have several events already scheduled for January, February, March and beyond. One of the new
things that I’m developing is what I’m calling a Speaker or Song Soup and Salad event where
we’ll have a speaker or a singer or entertainer of some sort and then offer a luncheon of soup and
salad for our residents. My goal is, I’m sorry. I say residents. For our people in Chanhassen,
my goal really is to find ways to help people stay connected and know that they have a
community here at the senior center so, do you have any questions for me?
Scharfenberg: Any questions for Mary?
Boettcher: Well I’m looking around, I don’t see them. Did nobody tell her the new person
brings cookies?
Hoffman: You’re just one room away.
Blazanin: Yeah I might have a granola bar in my office.
Scharfenberg: Alright thank you Mary.
Blazanin: You’re welcome.
2018 HALLOWE4EN PARTY PREVIEW.
Scharfenberg: Next up is Katie for a preview of the Halloween Party.
Matthews: Thank you Chair Scharfenberg and Commissioners. The 34th Annual Halloween
Party will be held on Saturday, October 27th at the Chanhassen Rec Center. This is the final of
our four community events that we have throughout the year and it’s open to children ages 12
and under and their grandparents or parents or whoever wants to bring them. The participants
are invited to do a variety of activities. We’ve got hayrides. Trick or treating. A spooky room.
Carnival games. Bouncy house. Refreshments and all sorts of family fun. There will be a
magic show from Kevin Hall and the Hall of Magic performing from 6:30 to 7:00 p.m. We’ve
got an event flyer that is already on the City’s website and that will be sent out to all the local
schools and through the Villager and then we just ask if people are going to want to pre-register
and the advantage to pre-registering is you can come in and you don’t have to register the day of
so you can go, grab your goody bag and head on into the fun right away without having to wait
in line to register but so you can pre-register by October 26th but we also do take registration at
the door. And we’re also looking for any volunteers if anybody wants to come help out with
trick or treating or if you know anybody who would be interested in doing any of the carnival
games or helping out in the spooky room, we do have a sign up that is on our City’s website that
has also been sent out to the surrounding schools. Key Clubs and volunteer organizations so.
Park and Recreation Commission – September 25, 2018
12
Scharfenberg: Will you send out an email like a week before just as a reminder to anybody
needs, because I know you’ve done that in the past.
Matthews: I’ve sent yes. A week before. A month before. A few days before. Sent out a few
in my time.
Scharfenberg: Yeah, any questions for Katie about the Halloween Party?
Echternacht: Katie we use the Key Club for this activity like we do with the fishing?
Matthews: Yep, yep so we use a Sign Up Genius has been, I think I’ve been using that now for
maybe 2 or 3 years for a lot of our events and it helps. It’s a link that I send out to all, I mean it
goes to the Chanhassen Key Club. The Chaska Key Club. Send it out to Southwest Christian
High School. Then I send it out to like our teen volunteers but through that you don’t have to
create an account or anything but if you put your email in it then it also send them a reminder out
where they signed up and a time so. That’s been really nice because we already have I think
maybe 10 people signed up but sometimes when you sign up a month early it’s nice to get a little
reminder so you don’t forget.
Scharfenberg: Alright thanks Katie.
Matthews: Thank you.
COMMISSION MEMBER COMMITTEE REPORTS. None.
COMMISSION MEMBER PRESENTATIONS. None.
ADMINISTRATIVE PACKET.
Scharfenberg: Next up is the administrative packet and Todd I’m going to turn it over to you to
address the watercraft rental boat storage issue.
Hoffman: Thank you Chair Scharfenberg and members of the commission. There’s a variety of
information in the Admin Packet but the first item is watercraft rental storage request. A resident
that lives near Carver Beach currently stores 2 kayaks across the street and is requesting that a
rack be put at the Carver Beach, at the main beach. There is a storage rack at the north side of
the beach but it’s often full and so we had a conversation back and forth and one of the things
that staff is thinking is that these residents adjacent to these parks are pretty sensitive about how
we operate those shoreland properties in our city and one thing we just want to be careful of is
that we don’t become the storage area for people’s personal watercrafts. There are dozens of
people that take paddleboards, kayaks, canoes, other small watercraft from their home. Down
the street. Into the park and you really, as an organization we can’t fulfill all the requests that we
would have for watercraft storage. Years ago there was a request for an all out marina at Carver
Park and Recreation Commission – September 25, 2018
13
Beach Park and so there’s been a variety of requests over the years. They’re not very, it’s not
very often. We have racks currently at Lake Ann and then at, over at Carver Beach there on the
north side.
Scharfenberg: Is that one still at Lake Susan?
Hoffman: It was pulled out. Just not highly used because of the quality of the beach there.
Scharfenberg: Yeah.
Hoffman: So I just promised him that I would bring that to the attention of the commissioners
and if you felt differently, you wanted to explore. You know there’s all sorts of watercraft
properties. Roundhouse Park. Greenwood Shores Park. There’s others listed that we have. You
know even at Lake Riley we have property on Lake Riley as well so if the commission had an
interest in getting into the watercraft storage business and put in more racks we certainly could
do that. I just wanted to fulfill that promise that I would bring it to your attention.
Scharfenberg: I would just open that item up for any discussion. Anybody have any thoughts or
opinions?
Echternacht: The one Todd that you said on the north end, is that just first come first serve or as
far as…
Hoffman: Yeah first come first serve and we’re talking about having a lottery instead and so
we’ve now restricted it to residents go first and they’ve always filled now with residents and now
we can do a lottery so there’s an equal chance instead of first come first serve so we would put a
lottery out for those locations.
Tsuchiya: Is there a charge?
Hoffman: (Yes). It’s an annual charge.
Boettcher: Is it $60?
Ruegemer: It’s $60 for Chan residents and $70 for non-residents so, and we haven’t gotten to
the non-residents the last 2 or 3 years now so. Like Todd said they’re always filled with
residents.
Tsuchiya: And they would supply their own chain and lock or whatever.
Ruegemer: Correct.
Tsuchiya: For securing the craft themselves.
Park and Recreation Commission – September 25, 2018
14
Scharfenberg: Have we ever thought about adding them just at, like at Lake Ann more of them?
Because I know the ones at Lake Ann fill up right?
Hoffman: Yep there’s 3 of them there and that’s the challenge. We’re starting to use a lot of
real estate so there’s 3 there. We could probably add one more but it just starts to take away
from the appeal of the general look of the area. And so there is, there would be room for one
more there. And the term canoe rack is really not correct anymore. They’re mostly kayaks.
Kayak racks yeah.
Tsuchiya: Paddleboards.
Scharfenberg: Any other discussion or thoughts on that issue? Todd I thought your response
was an appropriate response to Mr. Reed was it? And you know I agree with you that I don’t
think we want to get into the business of people being, storing their boats and incurring that so
I’m fine keeping the policy as it is. Where we are status quo. Anything else from the packet that
you want to point out? I thought well I would just comment again, Jerry really good on the
picnic evaluations. You know 5’s across the board. I saw some feedback regarding Lake Susan
the bathrooms again. That’s nothing new. We hear that a lot about the bathrooms at Lake Susan
but again I think the evaluations you know show that we have great shelters and they’re in need
and people like to come back and enjoy using our parks and that’s clearly evident in the
evaluations that we see. Alright, if we don’t have anything else I would entertain a motion to
adjourn.
Echternacht moved, Boettcher seconded to adjourn the meeting. All voted in favor and the
motion carried unanimously with a vote of 7 to 0. The Park and Recreation Commission
was adjourned at 8:10 p.m.
Submitted by Todd Hoffman
Park and Rec Director
Prepared by Nann Opheim
CITY COUNCIL STAFF REPORT
Monday, October 22, 2018
Subject Approve Small Cell Facility Collocation Agreement with Verizon Wireless
Section CONSENT AGENDA Item No: D.4.
Prepared By Paul Oehme, Dir. of Public Works/City
Engineer
File No: PW439
PROPOSED MOTION
“The City Council approves the small cell facility collocation agreement with Verision Wireless LLC."
Approval requires a Simple Majority Vote of members present.
BACKGROUND
On December 11, 2017, the City Council approved Ordinance 629, Amendment to City Code Chapter 17 “Streets
and Sidewalks,” to allow small cell wireless facilities within city rightofway and collocate on city light poles.
Relevant State Laws
Minn. Stat. 237.162Public RightofWay; Definitions:Amended to define wireless service provider, wireless
facility, wireless support structure, and other terms relevant to allowing small cell facilities within the rightofway are
defined.
Minn. Stat. 237.163Use and Regulation of Public RightofWay:Amended to include limits on local government
authority to regulate small wireless facilities in the rightofway, establish permit process, and establish fees cities may
charge for the use of their infrastructure.
SF 1456Article 9; Telecommunications:Contains the provisions which amended Minn. Stat. 237.162163.
DISCUSSION
Small cell wireless facilities are the next generation of cellular equipment. This new technology will add capacity to the
network, fill in small coverage gaps and provide more data bandwidth. All wireless providers may migrate to this new
technology so potentially a lot of equipment may need to be installed in the rightofway. Providers will need to enter
into a onetime agreement to install equipment in the rightofway. A $40 fee would be required for each permit. Staff
and provider will need to investigate if an existing pole can support the proposed equipment. If the pole cannot
support equipment, the provider will need to have it replaced. The city would charge $175/year for rent and
maintenance per pole. In addition, the city may charge an electrical fee if the wireless equipment is not metered.
Verizon is the first wireless provider to make application to install equipment in the city. The equipment is proposed to
be installed along Powers Boulevard, Lyman Boulevard and TH 212. Verison is currently discussing installing small cell
CITY COUNCIL STAFF REPORTMonday, October 22, 2018SubjectApprove Small Cell Facility Collocation Agreement with Verizon WirelessSectionCONSENT AGENDA Item No: D.4.Prepared By Paul Oehme, Dir. of Public Works/CityEngineer File No: PW439PROPOSED MOTION“The City Council approves the small cell facility collocation agreement with Verision Wireless LLC."Approval requires a Simple Majority Vote of members present.BACKGROUNDOn December 11, 2017, the City Council approved Ordinance 629, Amendment to City Code Chapter 17 “Streetsand Sidewalks,” to allow small cell wireless facilities within city rightofway and collocate on city light poles.Relevant State LawsMinn. Stat. 237.162Public RightofWay; Definitions:Amended to define wireless service provider, wirelessfacility, wireless support structure, and other terms relevant to allowing small cell facilities within the rightofway aredefined.Minn. Stat. 237.163Use and Regulation of Public RightofWay:Amended to include limits on local governmentauthority to regulate small wireless facilities in the rightofway, establish permit process, and establish fees cities maycharge for the use of their infrastructure.SF 1456Article 9; Telecommunications:Contains the provisions which amended Minn. Stat. 237.162163.DISCUSSIONSmall cell wireless facilities are the next generation of cellular equipment. This new technology will add capacity to thenetwork, fill in small coverage gaps and provide more data bandwidth. All wireless providers may migrate to this newtechnology so potentially a lot of equipment may need to be installed in the rightofway. Providers will need to enterinto a onetime agreement to install equipment in the rightofway. A $40 fee would be required for each permit. Staffand provider will need to investigate if an existing pole can support the proposed equipment. If the pole cannotsupport equipment, the provider will need to have it replaced. The city would charge $175/year for rent andmaintenance per pole. In addition, the city may charge an electrical fee if the wireless equipment is not metered.
Verizon is the first wireless provider to make application to install equipment in the city. The equipment is proposed to
be installed along Powers Boulevard, Lyman Boulevard and TH 212. Verison is currently discussing installing small cell
equipment on Xcel Energyy and Minnesota Valley Electric Cooperativeowned poles which the city would not permit.
The city attorney has drafted the agreement.
ATTACHMENTS:
Collocation Agreement
Small Cell Equipment Installation Exhibit
1
City of Chanhassen
Collocation Agreement
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CITY OF CHANHASSEN SMALL WIRELESS
FACILITY COLLOCATION AGREEMENT
This Small Wireless Facility Collocation Agreement (the "Agreement") made this
_______day of _______, 20_______, between the CITY OF CHANHASSEN,MINNESOTA,
with its principal offices located at 7700 Market Boulevard, Chanhassen, Minnesota 55317
(“CITY”) and Verizon Wireless (VAW) LLC d/b/a Verizon Wireless with its principal offices
located at One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920 (telephone
number 866-862-4404), (“USER”). CITY and USER are at times collectively referred to
hereinafter as the "Parties" or individually as a "Party”.
WITNESSETH:
WHEREAS, the Federal Communications Act of 1934, as amended, authorizes CITY to
manage and control access to and use of Public Right-Of-Way within CITY limits; and
WHEREAS, CITY has elected to manage its Right-Of-Way as authorized by Minnesota
Statutes, Sections 237.162-.163 and CITY’S municipal code of ordinances (the “Code”); and
WHEREAS, CITY is the owner of, or holds a leasehold or other possessory interest in,
certain structures/facilities located within the Public Right-Of-Way (“ROW”) that are designed
to support or determined by the City to be capable of supporting Small Wireless Facilities; and
WHEREAS, USER desires to Collocate Small Wireless Facilities in and/or upon certain
CITY Wireless Support Structures/Facilities located within the ROW and/or install, construct,
and maintain New Wireless Support Structures in the ROW; and
WHEREAS, CITY and USER desire to enter into this Agreement to define the terms,
covenants, and conditions which govern their relationship with respect to particular sites at
which USER may Collocate the Small Wireless Facilities as hereinafter set forth; and
WHEREAS, CITY and USER acknowledge that they may enter into a supplement to this
Agreement, in the form attached hereto as Exhibit “A” ("Supplement"), with respect to each
particular location or site which CITY agrees to permit Collocation; and
WHEREAS, this Agreement is not exclusive and City reserves the right to grant
permission to other eligible and qualified entities to Collocate Small Wireless Facilities in City’s
Right-Of-Way.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
adequacy and sufficiency of which is hereby acknowledged, the Parties hereto, for themselves,
their successors and assigns, do hereby covenant and agree as follows:
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I.DEFINITIONS.
For purposes of this Agreement, the following terms, phrases, words, and their
derivations, shall have the meaning given below, unless more specifically defined within a
specific Article or Paragraph of this Agreement. When not inconsistent with the context, words
used in the present tense include the future and past tense, and words in the singular number
include the plural number. The words “shall” and “will” are mandatory and “may” is permissive.
Words not defined shall be given their common and ordinary meaning.
“Applicable Standards”:all applicable engineering and safety standards governing the
installation, maintenance, and operation of facilities and the performance of all work in or around
CITY’S Wireless Support Structures and CITY’S Facilities, as required by this Agreement,
including, but not limited to, the most current versions of the National Electric Safety Code
(“NESC”), the National Electrical Code (“NEC”), and the regulations of the Occupational Safety
and Health Administration (“OSHA”), each of which is incorporated by reference in this
Agreement, and/or other reasonable safety and engineering requirements of CITY or other
federal, state, or local authority with jurisdiction over CITY Facilities.
“CITY’S Facilities”:all personal property and real property owned or controlled by
CITY, including Wireless Support Structures and related facilities used in connection therewith.
"Collocate" or "Collocation":to install, mount, maintain, modify, operate, or replace a
Small Wireless Facility on, under, within, or adjacent to an existing Wireless Support Structure
that is owned privately or by a local government unit.
“Communications Facilities”:wireline or Wireless Facilities, including but not limited
to, strands of dark fiber, copper, and/or coaxial cables, wireless antennas, receivers or
transceivers, including any and all associated equipment, utilized to provide Communications
Service.
“Communications Service”:the transmission or receipt of voice, video, data, or other
forms of digital or analog signals over USER’S Facilities, to be used by USER to service
USER’S customers.
“Make-Ready Work”:all work that CITY reasonably determines to be required to
accommodate USER’S Facilities and/or to comply with Applicable Standards, which Make-
Ready Work shall be performed by the CITY or CITY contractor unless CITY authorizes USER
to perform the Make-Ready Work and shall be done at the sole cost and expense of USER. Such
work includes but is not limited to, the rearrangement and/or transfer of CITY’S Facilities or
existing attachments, inspections, engineering work, permitting work, tree trimming (other than
tree trimming performed for normal maintenance purposes), Wireless Support Structure
replacement and construction, clearing, but does not include USER’S routine maintenance.
"Management Costs"the actual costs the CITY incurs in managing its Public Rights-
Of-Way, and includes such costs, if incurred, as those associated with registering applicants;
issuing, processing, and verifying Right-Of-Way or Small Wireless Facility Permit applications;
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inspecting job sites and restoration projects; maintaining, supporting, protecting, or moving user
equipment during Public Right-Of-Way work; determining the adequacy of Right-Of-Way
restoration; restoring work inadequately performed after providing notice and the opportunity to
correct the work; and revoking Right-Of-Way or Small Wireless Facility Permits.
(b) Management Costs do not include:
(1) payment by a telecommunications right-of-way user for the use of the Public Right-
Of-Way;
(2) unreasonable fees of a third-party contractor used by a local government unit as part
of managing its Public Rights-Of-Way, including but not limited to any third-party contractor fee
tied to or based upon customer counts, access lines, revenue generated by the
telecommunications right-of-way user, or revenue generated for a local government unit; or
(3) the fees and cost of litigation relating to the interpretation of Minnesota Statutes
Sections 237.162-.163 or any ordinance enacted under those Sections, or the CITY’S fees and
costs related to appeals taken pursuant to Minnesota Statutes Section 237.163, Subdivision 5.
"Micro Wireless Facility":a Small Wireless Facility that is no larger than 24 inches
long, 15 inches wide, and 12 inches high, and whose exterior antenna, if any, is no longer than
11 inches.
“Plans”:the Construction Plans and Specifications prepared by USER and approved by
CITY for the collocation, construction, installation, maintenance and operations of a Wireless
Support Structure, and Premises by USER pursuant to the terms of this Agreement which shall,
when applicable, comply with the CITY’S specifications.
“Permit”:a permit to collocate, install, or construct a Small Wireless Facility and/or
Wireless Support Structure in the Public Right-of-Way.
“Post-Construction Inspection”:the inspection by CITY and/or USER or some
combination of both to verify that the Small Wireless Facility and/or Wireless Support Structure
have been installed and constructed by USER, or its agents, in accordance with this Agreement,
Applicable Standards, Plans, and the Permit.
“Pre-Construction Survey”:all work or operations required by this Agreement,
Applicable Standards and CITY to determine the Make-Ready Work necessary to accommodate
USER’S Small Wireless Facilities on a Wireless Support Structure. Such work includes but is
not limited to, field inspection and administrative processing.
“Public Right-Of-Way” or “Right-Of-Way” or “ROW”:the area on, below, or above
a public roadway, highway, street, cartway, bicycle lane, and public sidewalk in which the local
government unit has an interest, including other dedicated Rights-Of-Way for travel purposes
and utility easements of local government units.
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A Public Right-Of-Way does not include the airwaves above a Public Right-Of-Way with regard
to cellular or other nonwire telecommunications or broadcast service.
"Small Wireless Facility":
(1) a Wireless Facility that meets both of the following qualifications:
(i)each antenna is located inside an enclosure of no more than six cubic feet
in volume or, in the case of an antenna that has exposed elements, the
antenna and all its exposed elements could fit within an enclosure of no
more than six cubic feet; and
(ii)all other wireless equipment associated with the Small Wireless Facility,
excluding electric meters, concealment elements, telecommunications
demarcation boxes, battery backup power systems, grounding equipment,
power transfer switches, cutoff switches, cable, conduit, vertical cable
runs for the connection of power and other services, and any equipment
concealed from public view within or behind an existing structure or
concealment, is in aggregate no more than 28 cubic feet in volume; or
(2) a micro wireless facility.
“Supplement”:the Supplement Agreement to be executed by CITY and USER pursuant
to the terms of this Agreement which shall be in the form attached hereto as Exhibit “A”.
"Utility pole":a pole that is in whole or in part to facilitate telecommunications or
electric service.
"Wireless Facility":
(1) equipment at a fixed location that enables the provision of Wireless Services
between user equipment and a Wireless Service network, including:
(i)equipment associated with Wireless Service;
(ii)a radio transceiver, antenna, coaxial or fiber-optic cable, regular and
backup power supplies, and comparable equipment, regardless of
technological configuration; and
(iii)a Small Wireless Facility.
(2) "Wireless Facility" does not include:
(i)Wireless Support Structures;
(ii)Wireline Backhaul Facilities; or
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(iii)coaxial or fiber-optic cables (i) between Utility Poles or Wireless Support
Structures, or (ii) that are not otherwise immediately adjacent to or directly
associated with a specific antenna.
"Wireless Service":means any service using licensed or unlicensed wireless spectrum,
including the use of Wi-Fi, whether at a fixed location or by means of a mobile device, that is
provided using Wireless Facilities. Wireless Service does not include services regulated under
Title VI of the Communications Act of 1934, as amended, including a cable service under United
States Code, title 47, section 522, clause (6).
"Wireless Support Structure":a new or existing structure in a Public Right-Of-Way
designed to support or capable of supporting Small Wireless Facilities, as reasonably determined
by a local government unit.
i."Wireline Backhaul Facility":a facility used to transport communications data by wire
from a Wireless Facility to a communications network.
II. USER’S USE OF PREMISES.
a.Permitted Uses. Subject to the terms, covenants, and conditions of this
Agreement, USER’S Small Wireless Facility may be used solely for the following purposes: (i)
the transmission and reception of wireless communication signals, including, but not limited to,
wireless and internet services and uses incidental thereto (“USER’S Wireless Services”); and (ii)
for the purpose of installing, repairing, maintaining, removing and operating USER’S Small
Wireless Facility in accordance with this Agreement and in accordance with the transmission and
reception of wireless communications signals authorized for use by USER by the Federal
Communications Commission (“FCC”) (“Permitted Uses”). The use of CITY’S Wireless
Support Structures and ROW by USER is nonexclusive, and CITY reserves the right to all
CITY’S Wireless Support Structures and ROW to be used by others, provided they do not
interfere with USER’S use of USER’S Small Wireless Facility. USER shall Collocate and use
each Premises (as hereinafter defined) only in accordance with the terms, covenants, and
conditions of this Agreement, good engineering practices and in compliance with all applicable
Federal Communications Commission (“FCC”), and other federal, state, and local ordinances,
statutes, laws, and regulations.
b.Before USER shall Collocate any Small Wireless Facility on CITY'S Wireless
Support Structures or install a new City-owned Wireless Support Structure, as shall be more
fully described in each Supplement to be executed by the Parties, and shall hereinafter be
referred to as the "Premises". USER shall submit an application for a Small Wireless Facility
Permit (the “Application”) along with a proposed Supplement for each proposed Premises, and
shall comply with all the terms, covenants, and conditions of this Agreement.
c.Approval of this Agreement by CITY shall be in the form of an approved CITY
Council Resolution. Following said approval of this Agreement, each individual Supplement
may be approved by the City Manager or his/her designee.
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d.USER shall have the non-exclusive right, at its sole cost and expense, to use each
Premises, as identified in each individual Supplement, for the purpose of Collocating Small
Wireless Facilities on CITY'S Wireless Support Structure(s) and uses incidental thereto, in a
manner consistent with this Agreement.
e.Regarding USER'S application for each individual Supplement: If, in the
judgment of CITY, USER'S proposed use of CITY’S Wireless Support Structure or ROW is
inconsistent with the CITY’S use thereof and does not comply with the terms, covenants, or
conditions of this Agreement, or any of CITY’S ordinances, rules, or regulations, CITY in its
sole discretion shall have the right to deny the Application of USER. CITY shall within ninety
(90) days after receipt of a fully completed and executed Application, Supplement, and Plans (as
defined below) by USER, notify USER in writing whether the Application is approved or denied,
unless the ninety (90) day period has been tolled as provided by state law. If CITY does not
notify USER within ninety (90) days from the date that the Application, Supplement, and Plans
were submitted, the Application, Plans, and Supplement shall be deemed approved, unless the
ninety (90) day period has been tolled as provided by state law.
f.With each Application and Supplement, USER shall furnish CITY detailed
Construction Plans and Specifications for each individual Premises (“Plans”), together with
necessary maps, indicating specifically the Wireless Support Structures and ROW of CITY
USER proposes to be used for USER’S Small Wireless Facility, the number and character of the
Small Wireless Facilities to be placed on such structures, equipment necessary for USER'S use,
replacements of existing Wireless Support Structures (“Replacement Wireless Support
Structures”), any new Wireless Support Structures which may be required (“New Wireless
Support Structures”), and any new installations for utility transmission conduit, pull boxes, and
appurtenances (the "Work"). Upon execution of a Supplement by both Parties for each Premises,
USER shall have the right to use the Premises for USER’S Small Wireless Facility and may
proceed with the Work in accordance with the terms of the Application, Plans, Supplement, and
this Agreement. USER and its contractors and employees shall perform all Work at its own
expense and in such manner as to not interfere with CITY's use of the Property or the Premises.
g.Any expenses necessary to make the Premises ready for USER’S construction of
its improvements (“Make-Ready Work”) shall be the responsibility of USER. USER must obtain
and submit to CITY a structural engineering study carried out by a qualified structural engineer
showing the Wireless Support Structure and foundation is able to support the proposed Small
Wireless Facility. CITY makes no warranties or representations, express or implied, including
warranties of merchantability or fitness for a particular use, except those expressly set forth in
this Agreement.
h.All Wireless Support Structures used by USER under this Agreement, including
any Replacement Wireless Support structure or New Wireless Support Structure installed by
USER, shall remain and/or become the property of CITY, and any cost and/or expense incurred
by the USER for changes to existing Wireless Support Structures, conduits, conductor pull
boxes, facilities, and appurtenances, or related equipment, or installation of any Replacement
Wireless Support Structures, or New Wireless Support Structures, conduits, conductor pull
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boxes, facilities, or appurtenances, or related equipment under this Agreement shall not entitle
USER to ownership of any of said Wireless Support Structures, conduits, conductor pull boxes,
facilities, appurtenances, or related equipment.
i.CITY reserves the right, in its sole discretion, to exclude any of CITY'S Wireless
Support Structures, conduits, conductor pull boxes, appurtenances, ROW and/or real property
from use by USER if CITY determines that USER'S proposed use is contrary to generally
applicable and reasonable health, safety, and welfare regulations.
III. PREMISES.
Pursuant to all of the terms, covenants, and conditions of this Agreement, and the
applicable Application and Supplement executed by CITY, CITY may approve USER'S
application for a particular Premises described in the Supplement, for the collocation,
installation, operation and maintenance of Small Wireless Facilities; together with the
non-exclusive right of ingress and egress over the applicable ROW, seven (7) days a week,
twenty-four (24) hours a day to and from the Premises.
The entirety of CITY'S ROW and real property is referred to herein as the "Property".
The primary use and purpose of the Property, inclusive of the Premises, is to provide for
traffic control, street lighting and the health, safety, and welfare of the citizens of CITY and the
general public ("Primary Use"). CITY'S operations and use of the Property take priority over
USER'S operations.
USER agrees that the following priorities of use, in descending order, shall apply in the
event of interference with CITY’S property for emergency public safety needs, Premises repair
or reconditioning, or other conflict while this Agreement is in effect, and USER'S use shall be
subordinate accordingly:
(1) CITY’S use for non-commercial purposes;
(2) Public safety agencies, including law enforcement, fire, and ambulance services
that are not related to CITY;
(3) Other governmental agencies where their non-commercial use is not related to
public safety;
(4) Pre-existing equipment of licensees or permittees of CITY (if any);
(5) USER’S Permitted Use.
In the event there poses an immediate threat of substantial harm or damage to the health,
safety, and welfare of the public and/or the Property/Premises, as solely determined by CITY
("Public Threat"), the CITY may take any and all actions the CITY determines are required to
address such Public Threat provided that promptly after such actions that affect the Premises,
and in no event later than seventy-two (72) hours after such actions, CITY gives written notice to
USER of CITY'S emergency actions.
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If CITY determines that the conditions of a Public Threat would be benefited by
cessation of USER'S operations of the applicable USER’S equipment, USER shall immediately
cease its operations on the Premises upon notice from CITY to do so.
In the event there are not sufficient electric, telephone, cable, or fiber utility sources
located at the Premises or on the Property, USER may request approval from the CITY, by
submitting to CITY a written plan for installation, to install such utilities on, over, and/or under
the Property and to the Premises as necessary for USER to operate its Approved Use (“Utility
Plan”). All electric, telephone, cable, fiber, or other utility necessary for operation of USER’S
Small Wireless Facility, hereinafter referred to jointly as “Utilities” shall be installed
underground by use of directional boring or within the applicable Wireless Support Structure.
CITY shall, in its sole discretion, notify USER that it approves, denies, or modifies the plan
within ninety (90) business days of receipt of the Utility Plan, and in the case of any denial or
modification of the Utility Plan, CITY shall state the reasons therefor.
USER must, at the time of Application, obtain and submit to CITY a structural
engineering study carried out by a qualified structural engineer, showing that the Wireless
Support Structure(s) is (are) able to support USER’S Small Wireless Facility (“Structural
Study”). Said study must be signed by an engineer licensed in Minnesota per Minnesota Rule
1800.4200 and Minnesota Statutes Chapter 326. If the Structural Study finds that any proposed
structure is inadequate to support the proposed loads of USER’S equipment, USER shall not
install the Small Wireless Facility and the Application shall be denied. The City shall not require
a Structural Study from USER if any subsequent user attaches or requests to attach equipment
related to a Wireless Support Structure to which USER has already attached equipment.
IV. INSTALLATION OF EQUIPMENT.
a.Construction Plans
For the initial installation of all USER’S Small Wireless Facility and for any and all
subsequent revisions and/or modifications thereof, or additions thereto, at the time of Application
for each individual Supplement, USER shall provide CITY with two (2) sets of construction
plans ("Construction Plans") consisting of the following:
Line or CAD drawings showing the location and materials of all planned installations of
USER’S equipment and an Engineer's Estimate of all materials and construction methods;
Diagrams, Shop Drawings, and Pictures of the applicable USER’s equipment;
A complete and detailed inventory of all USER’s antennas, cables, and other personal
property of USER’S Small Wireless Facility to be installed on the Premises. CITY retains the
right to survey the installed Small Wireless Facility.
All Plans shall be easily readable and subject to prior written approval by CITY, prior to
installation of the applicable USER’S Small Wireless Facility, which shall be reviewed pursuant
to Section II paragraphs (f) and (g). Should the Plans need to be revised based on the comments
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provided by CITY and/or the CITY’S structural engineer, no construction of the applicable
USER’S Small Wireless Facility shall commence until final approval has been granted by CITY.
The Plans shall have affixed to them the signature of USER'S engineer who shall be licensed in
the State of Minnesota pursuant to Minnesota Rule 1800.4200 and Minnesota Statutes Chapter
326.
b.Construction Scheduling
At least ten (10) business days prior to USER'S construction mobilization for installation
of USER’S Small Wireless Facility for the applicable Premises, USER shall conduct a meeting
with CITY and all the applicable contractors at the Premises or other location as agreed upon and
at a minimum the meeting shall be attended by a representative of CITY and USER’S
contractors and all of the parties involved in the installation of USER’S Small Wireless Facility.
c.Construction Inspection
All construction activity shall be subject to inspection and approval by CITY. Inspection
may be performed at any time during the course of the construction activity reasonably
determined by CITY, at USER'S expense. Construction work performed without approval of
CITY will not be accepted and shall be removed or uninstalled at USER'S sole expense. USER
shall be solely responsible for all costs associated with said inspection and approval of the
installation of USER’S Small Wireless Facility by CITY and/or its engineers.
d.USER’S Exposed Small Wireless Facility
All of USER’S Small Wireless Facility that is to be affixed to a Wireless Support
Structure which has exterior exposure shall be as close to the color of the Wireless Support
Structure as is commercially available to the USER. For exposed cables, wires or appurtenances,
CITY reserves the right to require USER to provide cables, wires or appurtenances in
manufactured colors which are commercially available, in lieu of painting.
e.Damage by USER
Any damage to the Property, the Premises, or equipment thereon, or other infrastructure
caused by USER in any manner shall be repaired or replaced at USER's sole cost and expense
and to CITY'S satisfaction within fifteen (15) days of written notice by CITY to USER setting
forth the required repairs. If USER does not repair the applicable Premises or Property to a safe
condition in accordance with applicable laws, and this Agreement, the City shall have the option
to perform or cause to be performed such reasonable and necessary work and to charge USER
for the reasonable and necessary cost incurred by the CITY including, but not limited to, the
CITY’S standard rates for its employees whom assisted in the repair of the applicable Premises
or Property.
f.As-Built Drawings
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Within thirty (30) days after USER activates the USER’S Small Wireless Facility, USER
shall provide CITY with an “As-Built” drawing in electronic file format compatible with CITY'S
record file system consisting of As-Built drawings of the Small Wireless Facility installed at the
applicable Premises or Property, which shall show the actual location of all USER’S Small
Wireless Facility equipment. Said drawings shall be accompanied by a complete and detailed site
survey of the Property and an inventory of all USER’S Small Wireless Facility equipment.
g.Permits for Installation
USER is required to obtain from CITY, or any other applicable governing agency, any
and all permits required for a complete installation of USER’S Small Wireless Facility or any
utilities necessary for the operation of USER’S Small Wireless Facility, at USER’S sole cost and
expense. Said permits shall include, but not be limited to: ROW Permits Obstruction/Excavation,
Small Wireless Facility, Meter Hooding, Storm Water, etc. permits (“Permits”). Applicable fees
for any Permit shall be borne by USER and USER shall be bound by the requirements of said
Permits.
h.New Wireless Support Structures
If CITY permits USER to install a New Wireless Support Structure in the ROW, such
Wireless Support Structure shall not exceed fifty (50) feet above ground level, subject to local
zoning regulations, and shall be separated from other Wireless Support Structures by a minimum
of 300 feet. If CITY permits USER to install a New Wireless Support Structure that replaces an
existing Wireless Support Structure that is higher than fifty (50) feet above ground level, the
Replacement Wireless Support Structure may be placed at the height of the existing Wireless
Support Structure but no higher.
i.Alteration or Modifications
USER may not add, change, modify or alter any of USER’S Small Wireless Facilities
from that set forth and/or shown on the applicable Plan or as then currently constructed, without
the prior written approval of the CITY, which approval shall not be unreasonably withheld,
conditioned or delayed; provided, however, USER may repair and maintain the USER’S
equipment and may replace USER’S existing equipment with equipment that is substantially
similar in appearance, without CITY’S approval, provided the replacement equipment meets all
of the conditions of this Agreement including all applicable Ordinances of CITY. Subject to
Minn. Stat. 237.163, subd. 6, USER agrees to reimburse CITY for all reasonable costs incurred
by the CITY in connection with any alteration, modification, or addition to USER’S Small
Wireless Facility pursuant to this paragraph, including but not limited to plan review, structural
review, site meetings, inspection time, and as-built updating because of USER’S changes, and
attorney’s fees for drafting and/or reviewing documents.
V. MAINTENANCE AND REPAIR OF WIRELESS SUPPORT STRUCTURES,
PROPERTY, AND PERMITTEE’S COMMUNICATION FACILITIES.
a.Wireless Support Structures and Property
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CITY reserves the right to take any and all action CITY deems necessary, in its sole
discretion, to repair, maintain, alter, or improve CITY’S Wireless Support Structures, Premises,
and Property.
b.Structure Reconditioning and Repair
(1) From time to time, CITY paints, reconditions, or otherwise improves or repairs
the Wireless Support Structures, Premises and Property or improvements thereon
("Reconditioning Work"). USER shall cooperate with CITY to allow CITY to carry out
Reconditioning Work in a manner that minimizes interference with CITY’S Reconditioning
Work.
(2) Except in cases of emergency, prior to commencing Reconditioning Work, CITY
shall provide USER with not less than thirty (30) days prior written notice of the Reconditioning
Work CITY intends to perform. Upon receiving such notice, it shall be the sole responsibility of
USER to take adequate measures to cover or otherwise protect the applicable USER’S Small
Wireless Facility from the consequences of such activities, including but not limited to paint,
splatter and/or debris fallout. CITY reserves the right to require USER to remove all USER’S
Small Wireless Facility during CITY’S Reconditioning Work.
(3) During CITY'S Reconditioning Work, and with written approval of CITY in
CITY’S sole discretion, USER may maintain a mobile site on the Premises or on any land owned
or controlled by CITY in the immediate area of the Premises determined suitable by CITY. If the
Premises will not accommodate mobile equipment, it shall be USER'S responsibility to locate
auxiliary sites for USER’S Small Wireless Facility during the Reconditioning Work.
(4) USER may request a modification of CITY'S procedures for carrying out
Reconditioning Work in order to reduce the interference with USER'S approved use. If CITY
agrees to the modification, USER shall be responsible for all incremental cost and expense
related to the modification of CITY’S procedures for Reconditioning Work.
(5) If CITY intends to replace a Wireless Support Structure (“Replacement Work”),
CITY shall provide USER with at least thirty (30) days' written notice to remove its equipment.
CITY shall also promptly notify USER when the Wireless Support Structure has been replaced
and USER may re-install its equipment. During CITY’S Replacement Work, USER may
maintain a temporary communications facility on the Property, or after approval by CITY, on
any land owned or controlled by CITY in the vicinity of the Property. If the Property will not
accommodate USER’S temporary communications facility or if the Parties cannot agree on a
temporary location, the USER, at its sole option, shall have the right to terminate the applicable
Supplement upon thirty (30) days written notice to CITY.
(6) If CITY intends to repair a Wireless Support Structure due to storm or other
damage (“Repair Work”), CITY shall notify USER to remove its equipment as soon as possible.
In the event of an emergency, CITY shall contact USER by telephone prior to removing USER’S
equipment. Once the Wireless Support Structure has been replaced or repaired, CITY will
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promptly notify USER it can reinstall its equipment. During CITY’S Repair Work, USER may
maintain a temporary communications facility on the Property, or after approval by CITY, on
any land owned or controlled by CITY in the vicinity of the Property. If the Property will not
accommodate USER’S temporary communications facility, or if the Parties cannot agree on a
temporary location, or if the Wireless Support Structure(s) cannot be repaired or replaced within
thirty (30) days, USER, at its sole discretion, shall have the right to terminate the applicable
Supplement upon thirty (30) days’ written notice to CITY. However, at USER’S sole option,
within thirty (30) days after the casualty damage, CITY must provide USER with a replacement
Supplement to lease space at a new location upon which the Parties mutually agree. The monthly
rental payable under the new replacement Supplement will not be greater than the statutory
maximum monthly rental amount.
(7) If USER’S installation requires a new Wireless Support Structure to be
constructed or an existing Wireless Support Structure to be replaced by USER (the
“Replacement Wireless Support Structure”) then, any such Replacement Wireless Support
Structure, shall be deemed to be a fixture on the Property and the Replacement Wireless Support
Structure shall be and remain the property of CITY, without further consideration to or from
CITY. Upon completion of USER’S installation, CITY shall be responsible for any and all costs
relating to the operation, maintenance, repair and disposal of the Replacement Wireless Support
Structure, unless such costs are due to the improper or negligent installation by USER or
contractor hired by USER. If the Replacement Wireless Support Structure replaces an existing
structure, then also as part of USER’S installation, USER shall remove, dispose, salvage and or
discard the existing structure at USER’S sole discretion.
c.Premises
USER shall, at its own cost and expense, maintain the USER’S Small Wireless Facility in
good and safe condition, and in compliance with applicable fire, health, building, and other life
safety codes. USER shall obtain from CITY any and all Permits required for the purposes of
maintaining the USER’s Small Wireless Facility and pay all applicable fees for any Permits
required by the CITY.
d.Notice of completion of Maintenance and Repair
CITY shall provide notice to USER when the Reconditioning Work has been completed,
after which USER may, at its own cost, remove any measures installed to cover or protect the
equipment. Within ten (10) days of said notice, USER shall remove any mobile site placed on the
Premises or any other land owned by CITY or any auxiliary site within the CITY.
VI. CONDITION OF PREMISES.
Where the Premises and/or Property includes one or more Wireless Support Structures,
CITY will keep and maintain the Wireless Support Structures in good repair and condition as
CITY deems necessary for their primary use and in the ordinary course of business of CITY.
CITY makes no warranty or guarantee as to the condition of any Premises with regard to
USER'S intended use of the same.
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VII. TERM, RENT, AND FEES.
a.Term. Each Supplement shall be effective as of the date of execution of the
applicable Supplement by both Parties (the "Effective Date"), provided however, the term of
each Supplement shall commence on the first day of the month following the day that USER
commences installation of its equipment on the Premises ("Commencement Date"). Consistent
with Minnesota Statutes Sections 237.162-.163, the term of each Supplement shall be equal to
the length of time that the Small Wireless Facility is in use (the “Term”), unless the Supplement
is terminated pursuant to this Agreement.
b.Rent. Rental payments shall commence on the Commencement Date of each
Supplement and be due at a total annual rental of $175.00 (the “Annual Rental”), representing
$150.00 per year for rent to occupy space on a Wireless Support Structure and $25.00 per year
for maintenance associated with the space occupied on a Wireless Support Structure. Rent may
be increased or decreased to the maximum amount provided for by state statute. The Annual
Rental for each Supplement shall be set forth in the Supplement and shall be paid in advance
annually on each anniversary of the Commencement Date to the payee designated by CITY in
the Supplement, or to such other person, firm or place as CITY may, from time to time,
designate in writing. USER and CITY agree that they shall acknowledge in writing the
Commencement Date of each Supplement. The parties also acknowledge and agree that the
initial rental payment for each Supplement may not actually be sent by USER until ninety (90)
days after USER’s receipt of written acknowledgement confirming the Commencement Date of
each Supplement.Upon agreement of the Parties, USER may pay rent by electronic funds
transfer. CITY hereby agrees to provide to USER the reasonable documentation required for
USER to pay all rent payments due to CITY, including a completed, most current version of
Internal Revenue Service Form W-9. Annual Rental shall accrue in accordance with this
Agreement, but USER may not deliver rental payments for up to 90 days after the requested
documentation has been received by USER.
c.Electrical. CITY shall, at all times during the Term of each Supplement, provide
electrical service within the Premises. As provided by Minnesota Statutes Sections 237.162-.163,
CITY may charge a fee for electricity used to operate the Small Wireless Facility, if not
purchased directly from a utility, at the rate of:
i.$876.00 per radio node less than or equal to 100 max watts;
ii.$2,184.00 per radio node over 100 max watts;
iii. The actual costs of electricity, if the actual costs exceed the amount in item (i) or
(ii); or
iv. As otherwise agreed to by the parties.
The amount of any such annual fee shall be set forth in each Supplement and paid with
the annual rent. Electrical fees may be increased or decreased to the maximum amount provided
for by state statute.
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USER shall be permitted at any time during the Term of each Supplement, to install,
maintain, and/or provide access to and use of, as necessary (during any power interruption at the
Premises), a temporary power source and a temporary installation of any other services and
equipment required to keep USER’S Communications Facility operational, along with all related
equipment and appurtenances within the Premises, or elsewhere on the Property in such locations
as reasonably approved by CITY. USER shall have the right to install conduits connecting the
temporary power source, and the temporary installation of any other services and equipment
required to keep USER’S Communications Facility operational, and related appurtenances to the
Premises.
Alternatively, Lessee may purchase electricity directly from a utility provider.
d. Engineering costs. The Parties acknowledge and agree that, pursuant to Minnesota
Statutes, Sections 237.162-.163, CITY may charge the actual costs of the initial engineering and
preparatory construction work associated with USER’S Collocation in the form of a onetime,
nonrecurring, commercially reasonable, nondiscriminatory, and competitively neutral charge.
USER shall pay such reasonable costs within sixty (60) days of receipt of an invoice that
itemizes the costs.
VIII. USE; GOVERNMENTAL APPROVALS.
USER shall use the Premises only for the Approved Use. It is understood and agreed that
USER'S permission to use the Premises is contingent upon its obtaining and maintaining all of
the certificates, permits and other approvals (collectively the "Governmental Approvals") that
may be required by any Federal, State or other governmental authorities as well as a satisfactory
structural analysis, and a radio frequency analysis as stated in this Agreement. In the event that
(i) any application for such Governmental Approvals should be finally rejected; (ii) any
Governmental Approval issued to USER is canceled, expires, lapses, or is otherwise withdrawn
or terminated; (iii) USER determines that such Governmental Approvals may not be obtained in
a timely manner; (iv) USER determines the Premises is no longer technically compatible for its
use; or (v) USER, in its sole discretion, determines that the use of the Premises is obsolete or
unnecessary, USER shall have the right to terminate the applicable Supplement. Notice of
USER's exercise of its right to terminate shall be given to CITY in accordance with the notice
provisions set forth herein and shall be effective upon the later of: (a) the receipt of such notice
as set forth in the NOTICE section of this Agreement; (b) upon such later date as designated by
USER; or (c) upon USER's removal of USER’S Small Wireless Facility as required under the
terms and conditions of this Agreement. All rentals paid to said termination date shall be retained
by CITY. Upon such termination, the applicable Supplement shall be of no further force or effect
except to the extent of the representations, warranties and indemnities made by each Party to the
other thereunder. Otherwise, the USER shall have no further obligations for the payment of rent
to CITY for the terminated Supplement.
IX. INDEMNIFICATION.
To the fullest extent permitted by law, USER agrees to defend, indemnify and hold
harmless CITY, and its employees, officials, and agents from and against all claims, actions,
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damages, losses and expenses, including reasonable attorney fees, arising out of USER’S
negligence, misconduct, or USER’S failure to perform its obligations under this Agreement.
USER’S indemnification obligation shall apply to USER’S contractors, subcontractors, or
anyone directly or indirectly employed or hired by USER, or anyone for whose acts USER may
be liable. CITY will provide USER with prompt, written notice of any written claim covered by
this indemnification provision; provided that any failure of CITY to provide any such notice, or
to provide it promptly, shall not relieve USER from its indemnification obligations in respect of
such claim, except to the extent USER can establish actual prejudice and direct damages as a
result thereof. CITY will cooperate with USER in connection with USER’S defense of such
claim. USER shall not settle or compromise any such claim or consent to the entry of any
judgment without the prior written consent of CITY and without an unconditional release of all
claims by each claimant or plaintiff in favor of CITY. The indemnity obligation shall survive the
completion or termination of this Agreement.
X. INSURANCE.
a.Waiver of Subrogation. The Parties hereby waive and release any and all rights of
action for negligence against the other, its officers, directors, employees, and agents which may
hereafter arise on account of damage to the Wireless Support Structure, the Premise or Property
resulting from any fire, or other casualty of the kind covered by standard fire insurance policies
with extended coverage, regardless of whether or not, or in what amounts, such insurance is now
or hereafter carried by the Parties, or either of them. These waivers and releases shall apply
between the Parties and they shall also apply to any claims under or through either Party as a
result of any asserted right of subrogation. All such policies of insurance obtained by either Party
concerning the Premises or the Property shall waive the insurer’s right of subrogation against the
other Party.
b.General Liability. USER agrees that at its own cost and expense, it will maintain
commercial general liability insurance with limits of $4,000,000 per occurrence for bodily injury
(including death) and property damage and $4,000,000 general aggregate including premises-
operations, products-completed operations, personal injury and advertising injury, and
contractual liability. User shall include the CITY as an additional insured as their interest may
appear under this Agreement.
c.Automobile Liability. USER shall maintain Commercial Automobile Liability
Insurance covering all owned, hired, and non-owned automobiles, with a combined single
liability limit of $2,000,000 each accident for bodily injury and property damage.
d.Workers’ Compensation. USER shall maintain worker's compensation insurance
in compliance with the statutory requirements of the State of Minnesota and Employer's Liability
Insurance with limits as follows: $1,000,000 for bodily injury by disease per employee;
$1,000,000 disease-policy limit; and $1,000,000 for bodily injury by accident.
e.Additional Insurance conditions.
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(i) USER shall deliver to CITY a certificate of insurance as evidence that the
above coverages are in full force and effect including CITY as an additional insured as its
interest may appear under this Agreement. The insurance policies shall be issued by a
company (rated A-:VII or better by Best Insurance Guide) licensed, authorized, or
permitted to do business in the State of Minnesota.
(ii) USER’S policies shall be primary insurance and non-contributory to any
other valid and collectible insurance available to CITY with respect to any claim arising
under this Agreement.
(iii) Upon receipt of notice from its insurer(s) USER shall provide the City
with thirty (30) days' advanced written notice of cancellation of any required coverage.
XI. LIMITATION OF LIABILITY.
CITY shall not be liable to the USER, or any of its respective agents, representatives, or
employees for any lost revenue, lost profits, loss of technology, rights or services, incidental,
punitive, indirect, special or consequential damages, loss of data, or interruption or loss of use of
service, even if advised of the possibility of such damages, whether under theory of contract, tort
(including negligence), strict liability or otherwise.
XII. ANNUAL TERMINATION.
Notwithstanding anything to the contrary contained herein, provided USER is not in
default hereunder beyond applicable notice and cure periods, USER shall have the right to
terminate each Supplement upon the annual anniversary of the Commencement Date provided
that USER gives the City three (3) months prior written notice.
XIII. INTERFERENCE.
a.At CITY's request, USER shall obtain and provide CITY, at USER’S sole cost
and expense, a radio frequency interference study (“RF Report”) carried out by an independent
professional radio frequency engineer (“USER’S RF Engineer”) showing that the use of USER’S
proposed “radio frequency,” as shown on any Application will not interfere with any existing,
licensed communications facilities on the Premises, or CITY’S communications facilities
(“CITY’S Communication System”).
b.USER shall provide CITY with a report indicating that the Small Wireless
Facility complies with applicable Federal Communications Commission regulations governing
radio frequency exposure (“Radiation Report”). CITY may have the Radiation Report reviewed
by CITY’S radiation engineer (“Radiation Engineer”) to determine if the Small Wireless Facility
so complies. If the Small Wireless Facility does not comply, then USER shall not use said
equipment in any of USER’S Small Wireless Facilities. USER shall be responsible for all cost
relating to the Radiation Report and the review of the Radiation Report by CITY’S Radiation
Engineer, subject to Minn. Stat. § 237.163, subd. 6.
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c.USER shall implement all measures at the transmission site required by FCC
regulations, including but not limited to posting signs and markings. CITY shall cooperate with
and permit USER to implement all reasonable measures in order for USER to fulfill FCC
obligations. CITY agrees that in the event any future party causes an applicable Premises to
exceed FCC Radio Frequency radiation limits, as measured on the Premises, CITY shall hold
such future party liable for all such later-arising non-compliance.
d.USER agrees to install USER’S Small Wireless Facility in compliance with all
terms and conditions of this Agreement and all FCC rules and regulations, and good engineering
practices and according to the Plans, Application, applicable Supplement and this Agreement.
USER further agrees that the USER’S use of the USER’S Small Wireless Facility will not cause
radio frequency interference to CITY’S Communication Systems existing on the
Commencement Date, provided such systems are lawfully installed and operated.
In the event of interference with CITY’S Communications System, USER shall, within
twenty-four (24) hours after USER’S receipt of notice of such interference from CITY, as
provided in this Section eliminate the interference or cease using USER’S interfering equipment,
except for short tests necessary for the elimination of the interference, until the interference is
cured to the reasonable satisfaction of the CITY. If USER, in the event of interference with
CITY’S Communication Systems, fails to correct the interference within twenty-four (24) hours
or cease using the interfering equipment within said time, except for testing purposes, or
demonstrate that USER’S Small Wireless Facility is not the cause of the interference, USER
shall cease operation of its Small Wireless Facility or provide CITY with evidence the USER’S
Small Wireless Facility is not the cause of the interference. It is further agreed that CITY does
not guarantee to USER non-interference to the operation of USER’S Small Wireless Facility by
CITY’S Communication Systems or other current users of the Premises or Property (if any).
CITY will use its best efforts to notify other users of the Premises or Property of the interference
among USER and other users of the Premises or Property.
The Parties agree that such reasonable evidence of interference that is likely caused by
USER’S use or operation of USER’S Small Wireless Facility warrants an emergency response
and the Notice provision of this Agreement shall not apply. Rather, CITY shall provide USER
reasonable evidence that the interference is likely caused by the USER’S use or operation of
USER’S equipment verbally by telephone to USER’S Network Operations Center at (800) -264-
6620.
Upon CITY providing USER notice of reasonable evidence that any interference is likely
caused by USER’S use or operation of USER’S equipment USER shall send a qualified
technician or representative to the Premises within eight (8) hours from the time that the notice
of reasonable evidence is provided by CITY. The required eight (8) hour emergency response
time under these circumstances is applicable 24 hours a day, 7 days a week. The qualified
technician or representative shall be capable of assessing the situation and eliciting the necessary
response, including any repairs, alterations, or modifications to USER’S Small Wireless Facility.
Prior to adding and/or modifying USER’S Small Wireless Facility or any frequencies on
a Wireless Support Structure or the Premises, as permitted under this Agreement, USER agrees
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to notify the CITY of the modified frequencies so that CITY can determine whether or not the
modified frequencies will cause radio interference to CITY’S Communication Systems, or other
licensees and/or occupants on the applicable Wireless Support Structure or Premises. Upon
request of CITY, USER shall, at USER’S cost and expense, provide CITY with an interference
study showing there is not any interference with CITY’S Communication Systems as a result of
the modification of the frequencies. The CITY, in its sole discretion, shall retain the right
provided herein to submit the interference study results to CITY’S RF Engineer for review. If the
USER fails to perform an interference study requested by CITY and submit the results to the
CITY, the CITY may have an interference study performed and the USER shall pay the CITY
the cost of said interference study.
XIV. REMOVAL AT END OF TERM.
USER shall, prior to expiration of the applicable Term, or within ninety (90) days after
any earlier termination of a Supplement, remove USER’S Small Wireless Facility, conduits,
fixtures, and all personal property and restore the Premises to its original condition, reasonable
wear and tear excepted at USER’s sole expense. CITY agrees and acknowledges that all of
USER’S Small Wireless Facilities, equipment, conduits, fixtures, and personal property of USER
shall remain the personal property of USER and USER shall have the right to remove the same at
any time during the Term. All Wireless Support Structures, conduit, and pole boxes are and shall
remain property of CITY. If USER fails to remove USER’S Small Wireless Facility, USER shall
pay rent at the then-existing monthly rate until such time as the removal of the equipment,
fixtures, and all personal property are completed. If USER fails to remove its facilities within the
required time period, USER reserves the right to remove the facilities and charge USER for the
full cost of the removal and storage charges.
Contemporaneously with the delivery to CITY of the first Application pursuant to this
Agreement USER shall at its cost and expense deliver to CITY an irrevocable letter of credit,
(“Letter of Credit”), post a performance bond ("Bond"), or make a cash deposit (“Deposit”) in
favor of CITY in the amount of $10,000 to secure USER'S obligation to remove USER’S Small
Wireless Facilities according to the terms and conditions of this Agreement ("Security"). In the
event USER fails to remove USER’S Small Wireless Facilities and restore the Property,
reasonable wear and tear and casualty damage excepted, CITY may do so and USER shall
reimburse CITY for all costs incurred by CITY in removing the USER’S Small Wireless
Facilities and restoring the Property. CITY may use the Security to reimburse CITY for its actual
costs to remove USER’S Small Wireless Facilities and any amount remaining after removal of
USER’S Small Wireless Facilities by CITY will be refunded to USER. If the Security is
insufficient to cover CITY's costs of removing USER’S Small Wireless Facilities, USER shall
pay to CITY the deficiency within thirty (30) days of written notice of the amount of the
deficiency.
XV. NO REPRESENTATION OR WARRANTY - CONDITIONAL GRANT
CITY makes no representation or warranty regarding the condition of its title to the
Property or its right to grant to USER use or occupation thereof under this Agreement. The
approval granted herein is "as is" and “where is.” USER is entering into this Agreement and
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USER'S use of the Property is subject to USER'S own investigation and acceptance. USER'S
rights granted pursuant to this Agreement are subject and subordinate to all limitations,
restrictions, and encumbrances relating to CITY'S interest in the Property that may affect or limit
CITY'S right to grant those rights to USER.
XVI. ASSIGNMENT
This Agreement and each Supplement under it may be sold, assigned or transferred by
USER without any approval or consent of CITY to the USER'S principal, affiliates, subsidiaries
of its principal or to any entity which acquires all or substantially all of USER'S assets in the
market defined by the FCC in which the Property is located by reason of a merger, acquisition,
or other business reorganization. No change of stock ownership, partnership interest, or control
of USER shall constitute an assignment hereunder. Except as stated above, this Agreement and
each Supplement may not be sold, assigned, or transferred without the express written consent of
CITY. USER shall provide written notice of all sales, assignments, or transfers within 60 days
thereof. In the event CITY approves any sale, assignment, or transfer, USER shall not be
relieved of any of its obligations under this Agreement or any of the Supplements whose term
has not expired or otherwise terminated at the time of such sale, assignment, or transfer. The
USER may not sublet any space on a Wireless Support Structure or allow any other party to
Collocate on any Wireless Support Structure without the express written consent of CITY.
XVII. NOTICES
All notices hereunder must be in writing and shall be deemed validly given if sent by
certified mail, return receipt requested or by commercial courier, provided the courier's regular
business is delivery service and provided further that it guarantees delivery to the addressee by
the end of the next business day following the courier's receipt from the sender, addressed as
follows (or any other address that the Party to be notified may have designated to the sender by
like notice):
CITY:City of Chanhassen
Attn: City Engineer
7700 Market Boulevard
Chanhassen, MN 55217
USER:Verizon Wireless (VAW) LLC
d/b/a Verizon Wireless
Attention: Network Real Estate
180 Washington Valley Road
Bedminster, New Jersey 07921
Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained
pursuant to the foregoing.
XVIII.DEFAULT
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In the event there is a breach by a Party with respect to any of the provisions of this
Agreement, or under the provisions of an individual Supplement or its obligations hereunder, the
non-breaching Party shall give the breaching Party written notice of such breach. After receipt of
such written notice, the breaching Party shall have thirty (30) days in which to cure the breach,
provided the breaching Party shall have such extended period as may be required beyond the
thirty (30) days if the breaching Party commences the cure within the thirty (30) day period and
thereafter continuously and diligently pursues the cure to completion. A Party's failure to cure a
breach within the time period set forth herein shall constitute a "Default".
XIX. REMEDIES
In the event of a Default by either Party with respect to a material provision of a
Supplement, without limiting the non-defaulting Party in the exercise of any right or remedy
which the non-defaulting Party may have by reason of such Default, the non-defaulting Party
may terminate this the applicable Supplement and/or may pursue any remedy now or hereafter
available to the non-defaulting Party under the laws of the State of Minnesota, provided,
however, the USER's remedies are limited to (i) termination of this Agreement or any
Supplement and removal of the USER's Small Wireless Facilities pursuant to the terms hereof,
(ii) statutory remedies pursuant to Minn. Stat. 237.162-.163, and (iii) specific performance.
Further, upon a Default, CITY may at its option (but without obligation to do so), perform
USER'S duty or obligation on USER'S behalf, including but not limited to the obtaining of
reasonably required insurance policies. The costs and expenses of any such performance by
CITY shall be due and payable by USER upon invoice therefor.
XX. CASUALTY
In the event of damage by fire or other casualty to the Wireless Support Structure or
Premises that cannot reasonably be expected to be repaired within forty-five (45) days following
same or which CITY elects not to repair, or if the Wireless Support Structure or Premises is
damaged by fire or other casualty so that such damage may reasonably be expected to disrupt
USER'S operations at the Premises for more than forty-five (45) days, then USER may, at any
time following such fire or other casualty, provided CITY has not completed the restoration
required to permit USER to resume its operation at the Premises, terminate the Supplement upon
fifteen (15) days prior written notice to CITY. Any such notice of termination shall cause the
Supplement to expire with the same force and effect as though the date set forth in such notice
were the date originally set as the expiration date of the Supplement, and the Parties shall make
an appropriate adjustment, as of such termination date, with respect to payments due under the
Supplement. Notwithstanding the foregoing, the rent shall abate during the period of repair
following such fire or other casualty in proportion to the degree to which USER'S use of the
Premises is impaired.
XXI. APPLICABLE LAWS
“Laws” means any and all laws, regulations, ordinances, resolutions, judicial decisions,
rules, permits and approvals applicable to the subject of this Agreement or USER’S use that are
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in force during the term of this Agreement, as lawfully amended including, without limitation,
the CITY’S Code. USER and CITY shall comply with all applicable Laws. This Agreement does
not limit any rights USER may have in accordance with Laws to install its own poles in the right
of way or to attach USER’S equipment to third-party poles located in the Right-Of-Way. This
Agreement shall in no way limit or waive either Party’s present or future rights under Laws. If,
after the date of this Agreement, the rights or obligations of either Party are materially altered,
preempted, or superseded by changes in Laws, the Parties agree to amend the Agreement and/or
Supplement to reflect the change in Laws.
XXII. CONDEMNATION.
If the Premises shall be taken by any public authority under the power of eminent
domain, or is sold to any entity having the power of eminent domain under threat of
condemnation, then the term of the applicable Supplements shall cease as of the date of the
granting of the petition or date of the closing. All rentals paid to said termination date shall be
retained by CITY. Any award, compensation, or damages, shall be paid to and be the sole
property of CITY, but nothing herein shall preclude USER from claiming against the
condemning authority with respect to its damages including moving expenses and loss of
personal property, and receiving an award therefor.
XXIII.DATA PRACTICES.
The Parties acknowledge and agree that this Agreement is considered public data not on
individuals and is accessible to the public under Minnesota Statutes, Section 13.03. CITY and
USER agree to abide by the applicable provisions of the Minnesota Government Data Practices
Act, Minnesota Statutes, Chapter 13, and all other applicable state or federal rules, regulations or
orders pertaining to privacy or confidentiality.
XXIV.MISCELLANEOUS
a.Approval of Supplement. Each Supplement to this Agreement shall be executed
by the City Manager after the USER has complied with all of the terms, covenants, and
conditions of this Agreement and the applicable Application has been approved.
b.Authority. Each of the Parties hereto warrants to the other that the person or
persons executing this Agreement on behalf of that Party has the full right, power, and authority
to enter into and execute this Agreement on that Party’s behalf and that no consent from any
other person or entity is necessary as a condition precedent to the legal effect of this Agreement.
c.Complete Agreement; Amendments. This Agreement supersedes all prior
discussions and negotiations and contains all agreements and understandings between the CITY
and the USER. This Agreement may only be amended in writing signed by all Parties. All
Exhibits are incorporated into this Agreement by reference.
d.Captions. Captions contained in this Agreement are for reference only, and
therefore, have no effect in construing this Agreement.
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e.Ambiguities. If any term of this Agreement is ambiguous, it shall not be construed
for or against any Party on the basis that the Party did or did not write it.
f.Amendments. Any modification or amendment to this Agreement shall require a
written agreement signed by both Parties.
g.Third Party Rights. This Agreement is not a third party beneficiary contract and
shall not in any respect whatsoever create any rights on behalf of any person or entity not
expressly a party to this Agreement.
h.Nondiscrimination. In the hiring of employees or contractors to perform work
under this Agreement, USER shall not discriminate against any person by reason of any
characteristic or classification protected by State or Federal law.
i.Governing Law. This Agreement shall be governed by and interpreted in
accordance with the laws of the State of Minnesota. The venue for all proceedings related to this
Agreement shall be in Carver County, Minnesota.
j.Binding Effect. The terms and conditions of this Agreement shall run with the
Premises and Property, inure to the benefit of and be binding on the respective Parties and their
respective successors and permitted assignees.
k.Enforcement and Attorneys’ Fees. The prevailing Party in any action or
proceeding in court to enforce the terms of this Agreement including any appeals shall be
entitled to receive its reasonable attorney’s fees and other reasonable costs and expenses from the
non-prevailing party.
l.Severability. If any term of this Agreement is found to be void or invalid, such
invalidity shall not affect the remaining terms of this Agreement, which shall continue in full
force and effect.
m. Estoppel Information. Each Party shall from time to time, within sixty (60) days
after written request from the other Party, execute, acknowledge and deliver an estoppel
certificate indicating that this Agreement, any amendments hereto, or any Supplements are in full
force and effect, setting out the current annual rental amount, date rent is paid through, and
acknowledging that there are not, to such Party’s knowledge, any uncured defaults, or specifying
such defaults, if any, are claimed.
n.Brokers. If either Party is represented by a real estate broker in this transaction,
that Party shall be fully responsible for any fee due such broker in this transaction, and shall hold
the other Party harmless from any claims for commission by such broker.
o.No Waiver. No provision of this Agreement will be deemed waived by either
Party unless expressly waived in writing by the waiving Party. No waiver shall be implied by
delay or any other act or omission of either Party. No waiver by either Party of any provisions of
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this Agreement shall be deemed a waiver of such provision with respect to any subsequent
matter relating to such provision.
p.Recitals. The Recitals set forth above in this Agreement are hereby incorporated
in this Agreement as though they were set forth in the body hereof.
Remainder of page intentionally left blank.
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IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their
respective seals the day and year first above written.
CITY:City of Chanhassen, Minnesota
By___________________________
Denny Laufenburger
Title: Mayor
Date: _________________________
AND
By: __________________________
Todd Gerhardt
Title: City Manager
Date: ________________________
USER:
Verizon Wireless (VAW) LLC
d/b/a Verizon Wireless
By: __________________________
Name:________________________
Title:_________________________
Date: ________________________
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EXHIBIT "A"
SUPPLEMENT TO SMALL WIRELESS FACILITY COLLOCATION AGREEMENT
1.This Supplement to Small Wireless Facility Collocation Agreement ("Supplement") is
made this _______ day of _______, 20__ between the City of Chanhassen, Minnesota, with its
principal offices located at 7700 Market Boulevard, Chanhassen Minnesota 55317 ("CITY"), and
Verizon Wireless (VAW) LLC d/b/a Verizon Wireless, with its principal place of business
located at One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920 (“USER”).
2.Small Wireless Facility Collocation Agreement. This Supplement is a Supplement as
referenced in that certain Small Wireless Facility Collocation Agreement between CITY and
USER, dated the _______day of _______, 20__, (the "Agreement"). The CITY and USER agree
that all of the terms and conditions of the Agreement are incorporated herein by reference and
made a part hereof without the necessity of repeating or attaching the Agreement and are in full
force and effect except as they may be modified by this Supplement. In the event of a conflict,
contradiction, modification, or inconsistency between any term of the Agreement and this
Supplement, the terms of this Supplement shall govern. Capitalized terms used in this
Supplement shall have the same meaning described for them in the Agreement unless otherwise
indicated herein.
3.Premises. The Property owned by CITY is located at _______, _______, Minnesota
_______; the Premises approved by the CITY for USER'S use hereunder is described on Exhibit
"l" attached hereto and made a part hereof.
4.Term. The Commencement Date and the Term of this Supplement shall be as set forth in
the Agreement.
5.Consideration. Annual rent for this Supplement shall be One Hundred Seventy-Five and
No/100 Dollars ($175.00) and shall be payable to CITY. [In consideration for electrical service,
$__________ per year shall be paid under this Supplement. OR USER shall purchase electrical
service directly from a utility.]
6.Site Specific Terms. (Include any site-specific terms)
The [New/Replacement] Wireless Support Structure installed by USER pursuant to the Plans at
the location shown on Exhibit “1” attached hereto shall be deemed to be a fixture on the Property
upon completion of the installation of the Wireless Support Structure and shall be and remain the
property of the CITY, without further consideration to or from CITY. CITY will thereafter be
responsible for the Wireless Support Structure as provided in the Agreement. [if applicable:
USER shall at USER’S sole cost and expense, remove, dispose and/or discard the existing
Wireless Support Structure that USER removed in order to install the Replacement Wireless
Support Structure in place thereof.]
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7.[to be included on the first Supplement only: Security. USER shall post a Bond in the
amount of $10,000 as security for removal of the Small Wireless Facility(ies) and restoring the
Property as provided in the Agreement.]
IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their
respective seals the day and year first above written.
CITY:City of Chanhassen, Minnesota
By: [EXHIBIT ONLY - NOT FOR EXECUTION]
Todd Gerhardt
Title: City Manager
Date: ____________________________________
USER:
Verizon Wireless (VAW) LLC
d/b/a Verizon Wireless
By: [EXHIBIT ONLY - NOT FOR EXECUTION]
Name: ______________________________________
Title: _______________________________________
Date: _______________________________________
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EXHIBIT “1”
TO SUPPLEMENT SMALL WIRELESS FACILITY
COLLOCATION AGREEMENT
Premises (Include Map, Wireless Support Structure Diagram, Site Plan and Table Listing All
Wireless Support Structure Locations)
CITY COUNCIL STAFF REPORT
Monday, October 22, 2018
Subject Approve Memorandum of Understanding with Carver County for Construction of TH 5 Regional
Recreational Trail and Underpass
Section CONSENT AGENDA Item No: D.5.
Prepared By Todd Hoffman, Park & Recreation
Director
File No: RA308
PROPOSED MOTION
“The City Council approves the Memorandum of Understanding between County of Carver and City of Chanhassen
for Construction of TH 5 Regional Recreational Trail and Underpass."
Approval requires a Simple Majority Vote of members present.
SUMMARY
A pedestrian trail route to the Minnesota Landscape Arboretum has been a decadeslong goal for the
community. Carver County applied for and received $1.1 million in federal funding for 2019 for construction of a
regional trail connection along the south side of Trunk Highway 5 (TH 5) traveling under Trunk Highway 41 (TH 41)
and traversing through the arboretum. The current estimated cost of construction is $3.5 million with the grant
accounting for $1.1 million, with Carver County contributing $1.2 million and the City of Chanhassen and Minnesota
Landscape Arboretum contributing $600,000 each. These cost allocations are estimated and may go up or down
dependent upon final construction conditions and costs. The estimated city share of $600,000 is included in the city's
2020 CIP in the Park Dedication Fund anticipating that work will begin in 2019 with cost reimbursements starting in
late 2019 or 2020.
BACKGROUND
Carver County recently completed the TH Regional Trail “Draft” Master Plan for the Lake Minnetonka LRT Regional
Trail to the Hennepin County line at Dell Road. When complete, the TH 5 Regional Trail will extend 8.9 miles from the
Carver County/Hennepin County line in Chanhassen, west to the Lake Minnetonka LRT Regional Trail in Victoria.
The trail will provide an offroad alternative for people to travel east and west for commuting or recreation, with
connections to downtown Chanhassen, the Minnesota Landscape Arboretum and the Lake Minnetonka Regional
Trail.
Many local trail systems connect to the trail corridor and the trail will create links to popular parks and will fulfill a
segment of the Regional Trail Search Corridor as identified by the Metropolitan Council.
Carver County spent a significant amount of time researching the corridor with the assistance of a Project Steering
Committee and seeking public comments through open houses, popup events, press releases, online surveys, and
CITY COUNCIL STAFF REPORTMonday, October 22, 2018SubjectApprove Memorandum of Understanding with Carver County for Construction of TH 5 RegionalRecreational Trail and UnderpassSectionCONSENT AGENDA Item No: D.5.Prepared By Todd Hoffman, Park & RecreationDirector File No: RA308PROPOSED MOTION“The City Council approves the Memorandum of Understanding between County of Carver and City of Chanhassenfor Construction of TH 5 Regional Recreational Trail and Underpass."Approval requires a Simple Majority Vote of members present.SUMMARYA pedestrian trail route to the Minnesota Landscape Arboretum has been a decadeslong goal for thecommunity. Carver County applied for and received $1.1 million in federal funding for 2019 for construction of aregional trail connection along the south side of Trunk Highway 5 (TH 5) traveling under Trunk Highway 41 (TH 41)and traversing through the arboretum. The current estimated cost of construction is $3.5 million with the grantaccounting for $1.1 million, with Carver County contributing $1.2 million and the City of Chanhassen and MinnesotaLandscape Arboretum contributing $600,000 each. These cost allocations are estimated and may go up or downdependent upon final construction conditions and costs. The estimated city share of $600,000 is included in the city's2020 CIP in the Park Dedication Fund anticipating that work will begin in 2019 with cost reimbursements starting inlate 2019 or 2020.BACKGROUNDCarver County recently completed the TH Regional Trail “Draft” Master Plan for the Lake Minnetonka LRT RegionalTrail to the Hennepin County line at Dell Road. When complete, the TH 5 Regional Trail will extend 8.9 miles from theCarver County/Hennepin County line in Chanhassen, west to the Lake Minnetonka LRT Regional Trail in Victoria.The trail will provide an offroad alternative for people to travel east and west for commuting or recreation, withconnections to downtown Chanhassen, the Minnesota Landscape Arboretum and the Lake Minnetonka RegionalTrail.Many local trail systems connect to the trail corridor and the trail will create links to popular parks and will fulfill asegment of the Regional Trail Search Corridor as identified by the Metropolitan Council.
Carver County spent a significant amount of time researching the corridor with the assistance of a Project Steering
Committee and seeking public comments through open houses, popup events, press releases, online surveys, and
websites.
The proposed trail is separated into six segments for purposes of location and cost estimates. The total cost for all six
segments is $6,014,884 in today’s dollars. The first segment planned for construction is Segment #2, which is from
Minnewashta Parkway to Century Boulevard through the arboretum. The proposed cost of this segment is
$3,500,000.
DISCUSSION
Carver County is proposing to construct a trail along the south side of TH 5, extending east from an existing trail
connection at Minnewashta Parkway through the Minnesota Landscape Arboretum to Century Boulevard, with a
gradeseparated pedestrian underpass at TH 41 just south of the TH 5 and TH 41 intersection. When completed, this
portion of trail and underpass will allow pedestrians and bicyclists to safely access the main entrance of the arboretum
via trail, and will fill a significant gap in the current and future regional multimodal transportation system by providing a
safe connection to vital employment and cultural centers, recreation opportunities, and transit facilities.
Guided by a unique public and private partnership centered on a common goal, Carver County, the cities of
Chanhassen and Victoria, the Minnesota Landscape Arboretum, and Lifetime Fitness have committed to improving
pedestrian safety and mobility within the TH 5 corridor and around the intersection of TH 5 and TH 41. Working
collaboratively, these partnering agencies have developed a trail concept that takes advantage of the scenic campus
and its existing trail system to create a unique regional trail connection. Further solidifying this partnership, the
Minnesota Landscape Arboretum has committed to donating the land necessary to construct the trail. Recognizing the
value of providing safe recreational and commuter trail access for facility visitors, health club programs, and
headquarter employees, Lifetime Fitness has also committed to donating the necessary easements to allow the trail to
continue across their property east to Century Boulevard, thus completing the connection to the City of Chanhassen’s
extensive existing sidewalk and trail system, and completing a portion of the TH 5 regional trail.
RECOMMENDATION
It is recommended that the City Council approves the Memorandum of Understanding between County of Carver and
City of Chanhassen for Construction of TH 5 Regional Recreational Trail and Underpass."
ATTACHMENTS:
1. Memorandum of Understanding with Carver County
2. Resolution 201811 Supporting the TH 5 Regional Trail Master Plan
3. Park Dedication Fund CIP Sheet
4. Adopted Trails Cost Participation Policy
Page 1 of 4
Memorandum of Understanding between
County of Carver and City of Chanhassen
for Construction of TH 5 Regional Recreational Trail
and Underpass
THIS Memorandum of Understanding (“MOU”) is made and entered into this _____ day of
_________________, 2018, by and between the City of Chanhassen, a Minnesota municipal corporation
under the laws of the State of Minnesota, (“City of Chanhassen”) and the County of Carver, a political
subdivision of the State of Minnesota (“Carver County”). The City of Chanhassen and Carver County
are each sometimes referred to hereinafter as “Party,” and are both sometimes collectively referred to
hereinafter as the “Parties.”
RECITALS
WHEREAS, the Parties wish to construct and extend a regional recreational trail (“Trail”) along Trunk
Highway 5, (“TH 5”), and within the University of Minnesota Landscape Arboretum, (“Arboretum”),
and to construct an underpass through a box culvert under Trunk Highway 41, (“TH 41”), as generally
depicted in Exhibit A, attached hereto and incorporated herein. The Trail and the box culvert are referred
to collectively hereinafter as the “Improvements;” and,
WHEREAS, Carver County applied for and was selected to receive Federal funds (“Funds”) in 2015 to
construct the aforementioned Improvements in 2019; and,
WHEREAS, it is in the interest and mutual benefit of each of the Parties, and in the interest and benefit
of the Regents of the University of Minnesota (“University”), that the Improvements be constructed; and
WHEREAS, the Parties will enter a separate Joint Powers Agreement (“JPA”) which will govern how
the Parties will allocate the duties of the design and construction of the Improvements, (“Project”), the
maintenance duties of the Improvements after construction, and the costs of the Project; and
WHEREAS, the design phase duties, (“Design Phase”), which the JPA will allocate, include, but will not
be limited to, conducting field surveys, overseeing the preliminary design process, obtaining the approval
of construction plans and specifications before advertising for bids, advertising for bids, and other related
matters; and
WHEREAS, the construction phase duties, (“Construction Phase”), which the JPA will allocate include,
but will not be limited to, awarding contracts, preparing contract documents and entering into contracts,
acquiring real property interests, conducting construction inspections and surveys, performing other
engineering services, and other related matters; and
WHEREAS, the JPA also will allocate the fees and costs for all professional services performed in the
Design Phase and Construction Phase for the Project, and will allocate the maintenance duties and the
cost of maintenance duties of the Improvements after construction is completed; and
Page 2 of 4
MOU for Trails and Under Pass
City of Chanhassen and County of Carver
WHEREAS, as a prelude to entering into the JPA, the Parties wish to enter into this MOU to outline and
to summarize the anticipated responsibilities of each Party related to the Project; and,
WHEREAS, the Parties agree that the JPA will be generally consistent with the terms of this MOU.
UNDERSTANDING
NOW THEREFORE, the Parties currently understand that the duties of each Party related to the Project
to be as follows:
A. Each of the recitals set forth above are adopted and incorporated herein.
B. Carver County will be the lead agency for the Project.
C. The alignment of the Trail will be from Century Boulevard to the box culvert at Minnewashta
Parkway, as depicted in Exhibit A.
D. Caver County will apply 100% of the Funds toward the direct and necessary costs of constructing the
Improvements.
E. Since the Funds can be applied only to the necessary and direct costs of constructing the
Improvements, the Parties will split the costs remaining after the Funds are applied to the direct and
necessary costs of constructing the Improvements, (“Costs Remaining”).
F. The Costs Remaining will include, but will not be limited to, the fees and costs for all professional
services necessary to complete the Design Phase and the Construction Phase, the costs of wetland
mitigation, relocating utilities, and the balance of any other fees and costs not covered by the Funds.
G. Carver County will pay 50% of the Cost Remaining, the City of Chanhassen will pay 25 % of the
Cost Remaining, and the University is expected to pay 25% of the Costs Remaining.
H. The Cost Remaining for the Design Phase will be allocated between Carver County and the City of
Chanhassen as set forth herein, regardless of whether a Party or the Parties exercise(s) its right(s) under
Paragraph I below and regardless of whether the University pays its expected 25% of the Costs
Remaining.
I. Each Party or the Parties may withdraw from and cancel the JPA within fifteen (15) days from the
date of the opening of the sealed bids for the professional services for the Construction Phase of the
Project, if:
a) Either Party or the Parties anticipate(s) that the Construction Phase will be too expensive based
upon the dollar amounts of the sealed bids; or
b) Either Party or the Parties consider(s) the bids to be unsatisfactory for any other reason.
Page 3 of 4
MOU for Trails and Under Pass
City of Chanhassen and County of Carver
J. The cancellation of and withdrawal from the JPA under the terms of Paragraph I will be
accomplished by either Party or the Parties serving written notice thereof upon the other within fifteen
(15) days of opening of the sealed bids, unless the Parties waive the aforementioned right in writing.
K. The City of Chanhassen will assume jurisdiction of, and maintain the segment of the Trail from the
boundary of the right-of-way on the west side of TH 41 and extending through the box culvert to the west
side of Century Boulevard (“Chanhassen Segment”).
L. The City of Chanhassen will provide routine maintenance of the Chanhassen Segment consistent with
the manner, standards, and schedule that the City of Chanhassen customarily uses to maintain its trail
network, and will pay for those costs.
M. Carver County and the City of Chanhassen will share equally (50% Carver County/ 50% City of
Chanhassen) the cost of any future repair, replacement, or improvement of Chanhassen Segment and the
box culvert.
N. The University is expected to assume jurisdiction of, and maintain the segment of the Trail from the
boundary of the right-of-way on the west side of TH 41 and extending to the bike and pedestrian trail on
the south side of the right-of-way at TH 5, (“University Segment”), that connects to the Chanhassen
Segment.
O. The University is expected to provide maintenance of the University Segment consistent with the
manner, standards, and schedule that University customarily uses to maintain its trail network, and will
pay for those costs.
P. Carver County and the University are expected to share equally (50% Carver County/ 50%
University) the cost of any future repair, replacement, or improvement of the University Segment.
Q. The Parties enter this MOU to summarize their current understanding of the duties and
responsibilities of each Party. The Parties further intend that this MOU will not create any legally binding
obligation upon either Party. The Parties intend that this non-binding MOU will serve as a guide when
the Parties prepare a legally binding JPA after continued negotiations regarding the responsibilities of
each Party.
The City of Chanhassen
Name:_________________________
Title:
Date:
Page 4 of 4
MOU for Trails and Under Pass
City of Chanhassen and County of Carver
County of Carver, Minnesota
Gayle Degler, Chair of Carver County Board of Commissioners
Date:
Attest:
Dave Hemze, Carver County Administrator
Date:
CITY COUNCIL STAFF REPORT
Monday, October 22, 2018
Subject Approve 2019 Service Agreement for Joint Assessment with Carver County Assessor
Section CONSENT AGENDA Item No: D.6.
Prepared By Chelsea Petersen, Assistant City
Manager
File No: ADM080
PROPOSED MOTION
“The City Council approves the 2019 Service Agreement for Joint Assessment with the Carver County Assessor
which includes an increase of $0.45 per residential parcel and $0.50 per agricultural and commercial/industrial
parcel.”
Approval requires a Simple Majority Vote of members present.
BACKGROUND
The City of Chanhassen has traditionally contracted with the Carver County Assessor's Office to perform property
assessing duties for parcels located within Carver County. The proposed contract, similar to previous contracts, is for
a single contract year. The previous and proposed rates are as follows:
Property Type 2017 2018 2019
(proposed)
Residential $12.50 $13.00 $13.45
Agricultural $13.00 $13.50 $14.00
Commercial/Industrial $14.00 $14.50 $15.00
The current 2019 estimated budget amount for the Service Agreement for Joint Assessment with Carver County is
$145,000. That amount accounts for the proposed increases, as well as the additional parcels that are anticipated to
be added to the tax rolls in 2019. The fee covers all revaluation work, new construction, appeals, and associated
administrative tasks.
RECOMMENDATION
Staff recommends the City Council approve the attached Service Agreement for Joint Assessment between the City of
Chanhassen and the Carver County Assessor's Office.
ATTACHMENTS:
Service Agreement for Joint Assessment
SERVICE AGREEMENT FOR JOINT ASSESSMENT
This Agreement is entered into by and between the County of Carver, 600 East 4th Street,
Chaska, Minnesota 55318, through Carver County Assessor, (hereafter “County”) and City of
Chanhassen, a municipal corporation under the laws of the State of Minnesota, hereinafter
referred to as the Town.
WHEREAS, the Town desires to enter into an agreement with the County to provide for the
assessment of property in said Town by the County Assessor’s Office; and
WHEREAS, Minn.Stat.§ 273.072 and Minn.Stat.§ 471.59 permit such an agreement for joint
assessment;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is agreed as
follows:
1) Term. That the Town, which is situated in the County of Carver, and which constitutes a
separate assessment district, shall have its property within Carver County assessed by the
Carver County Assessor for the assessment date of January 2, 2019. All work necessary
to the establishment of the estimated market value for each Carver County parcel in the
Town shall be performed by the Carver County Assessor or by one or more of the
licensed assessors under his/her direction and supervision.
2) Cooperation. It is hereby agreed that the Town and all of its officers, agents and
employees shall render full cooperation and assistance to the County to facilitate the
provision of the services contemplated hereby.
3) Payment Amount. The Town shall pay to the County for the assessment of property
with Carver County the sum of thirteen dollars and forty five cents ($13.45) per
residential valuation, fourteen dollars and no cents ($14.00) per agricultural valuation,
and fifteen dollars and no cents ($15.00.) per commercial/industrial valuation (for the
assessment of January 2, 2019) existing or created before the closing of the relative
assessment year.
4) Payment terms. Full payment of all claims submitted by the County Assessor for
relative assessment dates shall be received by the County no later than November 15th of
the respective years.
5) The County agrees that in each year of this Agreement it shall, by its County Assessor or
one or more of his/her deputies, view and determine the market value of at least twenty
percent (20%) of the parcels within this taxing jurisdiction. It is further agreed that the
County shall have on file documentation of those parcels – physically inspected for each
year of this Agreement.
6) Data Privacy. Pursuant to Minn. Stat. Chap. 13, the parties agree to maintain and
protect data received or to which they have access. No private or confidential data
developed, maintained or received by the Town under this agreement may be released to
the public by the Town. The Town agrees to indemnify and hold the County, its agents
and employees, harmless from any and all claims or causes of action arising from or in
any manner attributable to any violation of the Minnesota Government Data Practices Act
by Town or its agents, assigns, or employees, including legal fees and expenses incurred
to enforce this provision of this agreement.
7) Mutual Indemnification. The Parties’ total liability under this Agreement shall be
governed by Minn. Stat. § 471.59, subd. 1a.
Each Party agrees that it will be responsible for the acts or omissions of its officials,
agents, and employees, and the results thereof, in carrying out the terms of this
Agreement, to the extent authorized by law and shall not be responsible for the
acts/omissions of the other Party and the results thereof. For purposes of determining
total liability for damages, the participating governmental units are considered to be a
single governmental unit, the total liability of which shall not exceed the limits for a
single governmental unit as provided in Minn. Stat. § 466.04, subd. 1.
Each Party agrees to defend, hold harmless, and indemnify the other Party, its officials,
agents, and employees, from any liability, loss, or damages the other Party may suffer or
incur as the result of demands, claims, judgments, or cost arising out of or caused by the
indemnifying Party’s negligence in the performance of its respective obligations under
this Agreement. This provision shall not be construed nor operate as a waiver of any
applicable limitation of liability, defenses, immunities, or exceptions by statute or
common law.
To the full extent permitted by law, actions by the parties pursuant to this Agreement are
intended to be and shall be construed as a "cooperative activity" and it is the intent of the
parties that they shall be deemed a "single governmental unit" for the purposes of
liability, all as set forth in Minnesota Statutes, Section 471.59, subd. la(a); provided
further that for purposes of that statute, each party to this Agreement expressly declines
responsibility for the acts or omissions of the other party.
The Parties of this Agreement are not liable for the acts or omissions of the other
participants to this Agreement except to the extent to which they have agreed in writing
to be responsible for acts or omissions of the other Parties.
8) No Joint Venture. Nothing contained in this Agreement is intended or should be
construed as creating the relationship of co-partners or joint ventures with the County. No
tenure or any rights including worker’s compensation, unemployment insurance, medical
care, sick leave, vacation leave, severance pay, PERA, or other benefits available to
County employees, including indemnification for third party personal injury/property
damage claims, shall accrue to the Town or employees of the Town performing services
under this Agreement.
9) Records: Availability and Retention. Pursuant to Minn. Stat. §16C.05, subd. 5, the
Town agrees that the County, the State Auditor, or any of their duly authorized
representatives at any time during normal business hours and as often as they may
reasonably deem necessary, shall have access to and the right to examine, audit, excerpt,
and transcribe any books, documents, papers, records, et., which are pertinent to the
accounting practices and procedures of the Town and involve transactions relating to this
Agreement. Town agrees to maintain these records for a period of six years from the date
of termination of this Agreement.
10) Merger and Modification. It is understood and agreed that the entire Agreement
between the parties is contained herein and that this Agreement supersedes all oral
agreements and negotiations between the parties relating to the subject matter. All items
referred to in this Agreement are presumed to be incorporated or attached and are deemed
to be part of this Agreement. Where the incorporated terms differ with the terms of this
Agreement, the terms of this Agreement shall control.
Any material alteration, modification, or variation shall be reduced to writing as an
amendment and signed by the parties.
11) Default and Cancellation. If the Town fails to perform any of the provisions of this
Agreement or so fails to administer the work as to endanger the performance of the
Agreement, this shall constitute default. Unless the Town’s default is excused by the
County, the County may, upon written notice to the Town’s representative listed herein,
cancel this Agreement in its entirety as indicated in (b.) below.
This Agreement may be cancelled with or without cause by either party upon thirty (30)
days written notice.
Representatives for each of the parties to this Agreement are as listed below:
Town/City County/Division
City of Chanhassen Angela Johnson
Carver County Assessor
600 E 4th Street Chaska MN 55318
ajohnson@co.carver.mn.us
7700 Market Boulevard
Chanhassen, MN 55317
City Manager Todd Gerhardt
12) Subcontracting and Assignment. Neither party shall not enter into any subcontract for
the performance of any services contemplated under this Agreement without the prior
written approval of the other party and subject to such conditions and provisions as the
other party may deem necessary. The party attempting to subcontract or assign its
obligations shall be responsible for the performance of all Subcontractors.
No party may assign or transfer any rights or obligations under this Agreement without
the prior consent of the other Parties and a fully executed Assignment Agreement,
executed and approved by the same parties who executed and approved this Agreement,
or their successors.
13) Nondiscrimination. During the performance of this Agreement, the Town agrees to the
following: No person shall, on the grounds of race, color, religion, age, sex, disability,
marital status, public assistance status, criminal record, creed or national origin be
excluded from full employment rights in, participation in, be denied the benefits of or be
otherwise subjected to discrimination under any and all applicable Federal and State laws
against discrimination.
14) Health and Safety. Each party shall be solely responsible for the health and safety of its
employees and subcontractor’s employees in connection with the services performed in
accordance with this Agreement. Each party shall ensure that all employees, including
those of all subcontractors, have received training required to properly and safely perform
services outlined in this Agreement.
15) No Waiver. Nothing in this Agreement shall constitute a waiver by the either party of
any statute of limitations or exceptions on liability. If the either party fails to enforce any
provision of this Agreement, that failure does not waive the provision or its right to
enforce it.
16) Severability. If any part of this Agreement is rendered void, invalid or unenforceable, by
a court of competent jurisdiction, such rendering shall not affect the remainder of this
Agreement unless it shall substantially impair the value of the entire Agreement with
respect to either party. The parties agree to substitute for the invalid provision a valid
provision that most closely approximates the intent of the invalid provision.
17) Applicable Laws. The Laws of the State of Minnesota shall apply to this Agreement.
IN WITNESS WHEREOF, the City of Chanhassen, has caused this Agreement to be executed by
its Chairperson/Mayor and its Town Clerk by the authority of its governing body by a duly
adopted resolution on
This the __________________ day of _________________________, 2018.
The County of Carver has caused this Agreement to be executed by its Chairperson and the
County Assessor pursuant to the authority of the Board of Commissioners by resolution adopted
on
This the __________________ day of ________________________, 2018.
CITY/TOWNSHIP OF CHANHASSEN COUNTY OF CARVER
By:___________________________ By: ________________________
Chairperson/Mayor Gayle Degler, Chairperson
Board of Commissioners
By:___________________________ Attest: ________________________
City Manager Todd Gerhardt Dave Hemze/County Admin.
And: _______________________
Angela Johnson
County Assessor
Approved as to form:
_____________________________
City Attorney/ Date Approved as to form:
______________________________
Assistant County Attorney/Date
Bidder Base Bid
Pipe Services*$30,343.68
Hydro Klean $59,040.03
CITY COUNCIL STAFF REPORT
Monday, October 22, 2018
Subject Resolution 201848: Approve Quote for Sanitary Sewer Televising (I/I)
Section CONSENT AGENDA Item No: D.7.
Prepared By Erik Henricksen, Project Engineer File No: Project 201902
PROPOSED MOTION
“The City Council approves a quote for the Sanitary Sewer Televising (I/I) Project No. 1902 to Pipe Services
Corporation in the amount of $30,343.68."
Approval requires a Simple Majority Vote of members present.
DISCUSSION
The Metropolitan Council is currently monitoring the flow of sanitary sewer from each city to determine the amount of
Inflow and Infiltration (I/I) to the Met Council’s treatment plant. If the city exceeds the allowance set by the Met
Council, the city will be surcharged a fee based on the amount of flow above the allowed amount. This project will
help reduce I/I from entering the sanitary sewer system.
The Sanitary Sewer Televising (I/I) project will assist city staff in locating inflows and other contributors to I/I in the
city’s sanitary sewer system. Sanitary sewer televising consists of cleaning out the sanitary sewer and recording video
of the lengths of pipe in the project area. The contractor will report the deficiencies observed during the video
examination of the pipes.
The information obtained from the I/I project will be used to plan what sanitary sewer repairs will need to be included
as part of the 2019 I/I project, the 2019/2020 Street Improvement projects, and the Lake Lucy Road Overlay
Project.
The City of Chanhassen put out a request for quotes to six contractors on September 25, 2018. Two quotes were
received. The low quote for this project was from Pipe Services Corporation. This contractor completed work in
Chanhassen last year and in previous years. Their work was acceptable.
*Notes recommended item to be awarded.
Funding for this project has been budgeted for in the Capital Improvement Plan (CIP), Project SS012, and will be
paid for by the Sewer Utility Fund. The amount budgeted for 2019 is $200,000.
Bidder Base BidPipe Services*$30,343.68Hydro Klean $59,040.03CITY COUNCIL STAFF REPORTMonday, October 22, 2018SubjectResolution 201848: Approve Quote for Sanitary Sewer Televising (I/I)Section CONSENT AGENDA Item No: D.7.Prepared By Erik Henricksen, Project Engineer File No: Project 201902PROPOSED MOTION“The City Council approves a quote for the Sanitary Sewer Televising (I/I) Project No. 1902 to Pipe ServicesCorporation in the amount of $30,343.68."Approval requires a Simple Majority Vote of members present.DISCUSSIONThe Metropolitan Council is currently monitoring the flow of sanitary sewer from each city to determine the amount ofInflow and Infiltration (I/I) to the Met Council’s treatment plant. If the city exceeds the allowance set by the MetCouncil, the city will be surcharged a fee based on the amount of flow above the allowed amount. This project willhelp reduce I/I from entering the sanitary sewer system.The Sanitary Sewer Televising (I/I) project will assist city staff in locating inflows and other contributors to I/I in thecity’s sanitary sewer system. Sanitary sewer televising consists of cleaning out the sanitary sewer and recording videoof the lengths of pipe in the project area. The contractor will report the deficiencies observed during the videoexamination of the pipes. The information obtained from the I/I project will be used to plan what sanitary sewer repairs will need to be includedas part of the 2019 I/I project, the 2019/2020 Street Improvement projects, and the Lake Lucy Road OverlayProject. The City of Chanhassen put out a request for quotes to six contractors on September 25, 2018. Two quotes werereceived. The low quote for this project was from Pipe Services Corporation. This contractor completed work inChanhassen last year and in previous years. Their work was acceptable.*Notes recommended item to be awarded.
Funding for this project has been budgeted for in the Capital Improvement Plan (CIP), Project SS012, and will be
paid for by the Sewer Utility Fund. The amount budgeted for 2019 is $200,000.
All work associated with this project is eligible for offsetting the MCES surcharge.
ATTACHMENTS:
2019 Sanitary Sewer Televising (I/I) Project Location Maps
CIP Page
Resolution
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: October 22, 2018 RESOLUTION NO: 2018-XX
MOTION BY: SECONDED BY:
A RESOLUTION APPROVING A QUOTE FOR SANITARY SEWER TELEVISING
FOR THE SANITARY SEWER INFILTRATION/INFLOW (I/I)
PROJECT NO. 19-02
WHEREAS, pursuant to a request for quotes for sanitary sewer televising for the Sanitary
Sewer Televising (I/I) project, two quotes were received and opened. The quotes are as follows:
Contactor Quote Total
Hydro Klean $ 59,040.03
Pipe Services $ 30,343.68
AND WHEREAS, Pipe Services Corporation had the lowest responsible quote with a total
quote amount of $30,343.68.
NOW THEREFORE, BE IT RESOLVED by the Chanhassen City Council:
1. The mayor and clerk are hereby authorized and directed to enter into a contract with Pipe
Services Corporation in the name of the City of Chanhassen for sanitary sewer televising
for the Sanitary Sewer Televising (I/I) Project No. 19-02, according to the plans and
specifications.
Passed and adopted by the Chanhassen City Council this 22nd day of October, 2018.
ATTEST:
Todd Gerhardt, City Manager Denny Laufenburger, Mayor
YES NO ABSENT
CITY COUNCIL STAFF REPORT
Monday, October 22, 2018
Subject Resolution 201849: Approve County State Aid Highway Designation for the Turnback of
Highway 101
Section CONSENT AGENDA Item No: D.8.
Prepared By Paul Oehme, Director of Public
Works/City Engineer
File No: Project No. 201408
PROPOSED MOTION
“The City Council approves a resolution for County State Aid Highway Designation for the Turnback of Highway
101."
Approval requires a Simple Majority Vote of members present.
BACKGROUND
On October 8, 2018, the City Council approved a joint powers agreement with Carver County for Highway 101
improvements.
In 2018, the city was successful in acquiring $9 million in State of Minnesota bond funds to help fund the
reconstruction of Highway 101. In order for state funds to be used on this project, the turnback of the Highway 101
to Carver County needs to be completed.
DISCUSSION
This resolution gives city support and approval for the turnback of Highway 101 to Carver County. Highway 101 will
be under the jurisdiction of Carver County. Carver County will own and operate the highway in the future.
ATTACHMENTS:
Resolution
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: October 22, 2018 RESOLUTION NO: 2018-XX
MOTION BY: SECONDED BY:
RESOLUTION AUTHORIZING APPROVAL OF ESTABLISHMENT
OF COUNTY STATE AID HIGHWAY (CSAH) 101 WITHIN THE
CORPORATE LIMITS OF THE CITY OF CHANHASSEN
WHEREAS, the County Board of the County of Carver intends to adopt a resolution to
designate County State Aid Highway (CSAH) No. 101 within the corporate limits of the City of
Chanhassen, as follows:
CSAH No. 101 in the City of Chanhassen from CSAH No. 61 (Flying Cloud Drive) to CSAH
No. 14 (Pioneer Trail), beginning at a point at the intersection of CSAH No. 61, also
approximately 460 feet westerly of the east quarter corner of Section 35, Township 116 North,
Range 23 West, thence northerly along the established Trunk Highway No. 101 (Great Plains
Boulevard) through Sections 35, 36 and 25 of Township 116 North, Range 23 West to the
intersection of CSAH No. 14 (Pioneer Trail), also approximately 0.25 mile easterly of the
northwest quarter corner of Section 25, Township 116 North, Range 23 West.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Chanhassen, Minnesota that said designation is in all things approved.
Passed and adopted by the Chanhassen City Council this 22nd day of October, 2018.
ATTEST:
Todd Gerhardt, City Manager Denny Laufenburger, Mayor
YES NO ABSENT
g:\admin\resol\2018\10-22-18\cityresolutioncsah101designation.doc
CITY COUNCIL STAFF REPORT
Monday, October 22, 2018
Subject Fire Department Update
Section FIRE DEPARTMENT/LAW
ENFORCEMENT UPDATE
Item No: F.1.
Prepared By Don Johnson, Fire Chief File No:
SUMMARY
Fire department update for October including final response data for September.
DISCUSSION
Fire Department Staffing
Staffing is at 42 of 45 paid oncall firefighters. We have two firefighters currently on leave. The four probationary
firefighters are currently attending the Firefighter 1 curriculum with the Southwest Academy. They should start to be
cleared on apparatus after FF1 certification in midDecember. Winter training will consist of Emergency Medical
Technician and Hazardous Materials Operations.
Fire Department Response
The fire department responded to 84 calls in September. Yeartodate calls at the end of September totaled 650
representing a 16% increase over 2017 and close to matching total responses in years 2015 and 2016. Average calls
per month for 2018 is 72.
Significant calls included the following:
31 Rescue/EMS calls with 8 motor vehicle accidents
1 Cooking fire
Monthly Training
Training that occurred since my last update:
Officer Training – Incident Command and Response to Residential Structure Fires
October 8, Emergency Medical Services Training – Mental Health and Behavioral Emergencies
October 16 – Pierce Representative on site to provide specialized training on Truck 1 for main operators and
city maintenance staff
October 17/18 – Pierce Representative on site to conduct standard operating training for the remainder of the
fire department
The remainder of October was dedicated for small team training with Truck 1 involving station captains working
CITY COUNCIL STAFF REPORTMonday, October 22, 2018SubjectFire Department UpdateSectionFIRE DEPARTMENT/LAWENFORCEMENT UPDATE Item No: F.1.Prepared By Don Johnson, Fire Chief File No: SUMMARYFire department update for October including final response data for September. DISCUSSIONFire Department StaffingStaffing is at 42 of 45 paid oncall firefighters. We have two firefighters currently on leave. The four probationaryfirefighters are currently attending the Firefighter 1 curriculum with the Southwest Academy. They should start to becleared on apparatus after FF1 certification in midDecember. Winter training will consist of Emergency MedicalTechnician and Hazardous Materials Operations. Fire Department ResponseThe fire department responded to 84 calls in September. Yeartodate calls at the end of September totaled 650representing a 16% increase over 2017 and close to matching total responses in years 2015 and 2016. Average callsper month for 2018 is 72. Significant calls included the following:31 Rescue/EMS calls with 8 motor vehicle accidents1 Cooking fire Monthly TrainingTraining that occurred since my last update:Officer Training – Incident Command and Response to Residential Structure FiresOctober 8, Emergency Medical Services Training – Mental Health and Behavioral EmergenciesOctober 16 – Pierce Representative on site to provide specialized training on Truck 1 for main operators andcity maintenance staffOctober 17/18 – Pierce Representative on site to conduct standard operating training for the remainder of the
fire department
The remainder of October was dedicated for small team training with Truck 1 involving station captains working
with their crews in small teams. Each person should have 810 hours of training with higher users having twice
that.
Other Activities
The truck committee traveled to Appleton, Wisconsin and completed the final acceptance inspection the last
week of September.
Truck 1 arrived at the dealership in Apple Valley on October 5. The vehicle was on display in St. Paul at the
Annual Minnesota Fire Chiefs Conference trade show. Truck 1 arrived in Chanhassen on October 15, as
scheduled.
I attended the Minnesota State Fire Chiefs Association Annual Conference October 1012 in St. Paul. I have
served as the Conference Chair for three years and am proud of the work done to make this an exceptional
educational opportunity for leaders in the Fire Service.
I conducted incident command training for Chaska and Victoria Officers on Saturday, October 20.
On October 1, Chanhassen Fire Administrative Specialist Ana Fatturi was cleared to respond to medical calls
with the fire department. Ana recently completed her Emergency Medical Responder certification and can
augment short staffing on day shift with these types of calls.
Fire Marshal Council Update September 2018
Fire Department Open House Recap:
The Chanhassen Fire Open House was a big success!
We estimate between 700800 people visited the open house this year. Up from an estimated 400 last year.
The Kitchen Fire and Room and Contents Fire Demos were also a big success. We also showed how the Fire
Stop Kitchen Safety device works, several people called me after the event wanting to know where to get
them. A lot of public feedback on watching how fast the fire grew and opened their eyes to fire safety at home.
Partnering with community businesses went well.
Lunds Byerlys donated 500 cookies and milks. Employees handed them out.
Cub foods donated 500 bottles of water and had employees hand them out.
Chik Fil A donated 50 chicken sandwiches to the event.
Healthsource Chiropractic set up and gave free chair massages.
We taught a free HandsOnly CPR and AED class on site for the open house. We will expand next year and
offer several of these sessions.
Other events that were popular:
Fire Truck Rides – lines were very long, always a popular thing to do. Will add more trucks for rides
next year.
Fire Extinguisher Training – we used our electronic fire extinguisher trainer to train adults and kids on
proper use.
Hand outs – we gave away over 500 Chan Fire Water Bottles, Slap Bracelets, Bookmarks, and other
items to kids.
We had a huge turnout of firefighters to help with the event and many retirees also helped with food and set up.
Amy Hamilton did a great job with the advertising and posters for the event.
Thanks to Public Works and Parks for helping clean the station and deliver our spray house.
Will set an early date for next year’s event to not conflict with Council Meeting.
Fire Prevention
We kicked off Fire Prevention Week (more like all month) and have a full schedule of events and visits coming
up in October into November.
We started off at St. Hubert's School with a large assembly of 120 5th and 6th grade students. We are focusing
on older students as well as younger kids this year. Using our fire extinguisher trainer with the older kids to have
them demo.
With older students we are teaching: fire behavior, cooking safety, closing your door when sleeping, safety when
CITY COUNCIL STAFF REPORTMonday, October 22, 2018SubjectFire Department UpdateSectionFIRE DEPARTMENT/LAWENFORCEMENT UPDATE Item No: F.1.Prepared By Don Johnson, Fire Chief File No: SUMMARYFire department update for October including final response data for September. DISCUSSIONFire Department StaffingStaffing is at 42 of 45 paid oncall firefighters. We have two firefighters currently on leave. The four probationaryfirefighters are currently attending the Firefighter 1 curriculum with the Southwest Academy. They should start to becleared on apparatus after FF1 certification in midDecember. Winter training will consist of Emergency MedicalTechnician and Hazardous Materials Operations. Fire Department ResponseThe fire department responded to 84 calls in September. Yeartodate calls at the end of September totaled 650representing a 16% increase over 2017 and close to matching total responses in years 2015 and 2016. Average callsper month for 2018 is 72. Significant calls included the following:31 Rescue/EMS calls with 8 motor vehicle accidents1 Cooking fire Monthly TrainingTraining that occurred since my last update:Officer Training – Incident Command and Response to Residential Structure FiresOctober 8, Emergency Medical Services Training – Mental Health and Behavioral EmergenciesOctober 16 – Pierce Representative on site to provide specialized training on Truck 1 for main operators andcity maintenance staffOctober 17/18 – Pierce Representative on site to conduct standard operating training for the remainder of thefire departmentThe remainder of October was dedicated for small team training with Truck 1 involving station captains workingwith their crews in small teams. Each person should have 810 hours of training with higher users having twicethat.Other ActivitiesThe truck committee traveled to Appleton, Wisconsin and completed the final acceptance inspection the lastweek of September.Truck 1 arrived at the dealership in Apple Valley on October 5. The vehicle was on display in St. Paul at theAnnual Minnesota Fire Chiefs Conference trade show. Truck 1 arrived in Chanhassen on October 15, asscheduled.I attended the Minnesota State Fire Chiefs Association Annual Conference October 1012 in St. Paul. I haveserved as the Conference Chair for three years and am proud of the work done to make this an exceptionaleducational opportunity for leaders in the Fire Service.I conducted incident command training for Chaska and Victoria Officers on Saturday, October 20.On October 1, Chanhassen Fire Administrative Specialist Ana Fatturi was cleared to respond to medical callswith the fire department. Ana recently completed her Emergency Medical Responder certification and canaugment short staffing on day shift with these types of calls.Fire Marshal Council Update September 2018Fire Department Open House Recap:The Chanhassen Fire Open House was a big success!We estimate between 700800 people visited the open house this year. Up from an estimated 400 last year.The Kitchen Fire and Room and Contents Fire Demos were also a big success. We also showed how the FireStop Kitchen Safety device works, several people called me after the event wanting to know where to getthem. A lot of public feedback on watching how fast the fire grew and opened their eyes to fire safety at home.Partnering with community businesses went well.Lunds Byerlys donated 500 cookies and milks. Employees handed them out.Cub foods donated 500 bottles of water and had employees hand them out.Chik Fil A donated 50 chicken sandwiches to the event.Healthsource Chiropractic set up and gave free chair massages.We taught a free HandsOnly CPR and AED class on site for the open house. We will expand next year andoffer several of these sessions.Other events that were popular:Fire Truck Rides – lines were very long, always a popular thing to do. Will add more trucks for ridesnext year.Fire Extinguisher Training – we used our electronic fire extinguisher trainer to train adults and kids onproper use.Hand outs – we gave away over 500 Chan Fire Water Bottles, Slap Bracelets, Bookmarks, and otheritems to kids.We had a huge turnout of firefighters to help with the event and many retirees also helped with food and set up.Amy Hamilton did a great job with the advertising and posters for the event.Thanks to Public Works and Parks for helping clean the station and deliver our spray house.Will set an early date for next year’s event to not conflict with Council Meeting.Fire PreventionWe kicked off Fire Prevention Week (more like all month) and have a full schedule of events and visits comingup in October into November.We started off at St. Hubert's School with a large assembly of 120 5th and 6th grade students. We are focusingon older students as well as younger kids this year. Using our fire extinguisher trainer with the older kids to have
them demo.
With older students we are teaching: fire behavior, cooking safety, closing your door when sleeping, safety when
home alone, battery and electronic device safety, and fire extinguisher training.
With younger kids we talk about: calling 911, what can cause fires and is hot to touch in the home, how to
check your door, stay in your room or escape and crawl under smoke, have a meeting place outside, electricity
safety, and stop, drop, and roll.
We have over 30 visits and fire station tours planned in the next two months. Over 1,000 students will get a fire
prevention message.
All students get fire department handouts – fire helmets and coloring books for younger kids, bookmarks and
bracelets for older kids.
We are also honoring many requests to visit area businesses for fire drills, fire prevention planning, HandsOnly
CPR and AED Training, and Fire Extinguisher Training.
ATTACHMENTS:
Graphs and Charts
50 53 53 53
58 61
81
54 52
66
51
5855
51
63 65
55
86
66
60 59
80
57 56
71
50
66
79
86
76
66
72
84
20
30
40
50
60
70
80
90
Jan Feb Mar Apr May June July Aug Sept Oct Nov Dec
Chanhassen Fire Department
Calls By Month Comparison
2016 2017 2018
0
10
20
30
40
50
60
70
80
90
July Aug Sept
2018 Calls by Month and Type
Rescue & Emergency Medical Service Alarm Calls Good Intent Call Hazardous Condition Service Call Fire
51%
16%
18%
7%
4%4%
2018 % OF TOTAL CALLS BY TYPE
Rescue & Emergency Medical Service
Alarm Calls
Good Intent Call
Hazardous Condition
Service Call
Fire
621
691 690
753
621
691 690
753
869
500
550
600
650
700
750
800
850
900
2014 2015 2016 2017 2018 PROJECTEDNumber of CallsYears
Chanhassen Fire Department
Total Calls by Year -5 Year Table
City of Chanhassen
Fire Calls for Ser vice9/1/2018 - 9/30/2018
K
Fire Box Alarm Zones
Calls for Serv ice
North Bo x
South Bo x
We st Bo x
Date: 10/3/2018Document Path: K:\Nick LH\Pro jects\Fire\Fo rDon\FireCa llMa ps\2 018\S eptembe r\Fire Incident Ma p Geocod e Sep temb er 201 8.mxd
CITY COUNCIL STAFF REPORT
Monday, October 22, 2018
Subject Law Enforcement Update
Section FIRE DEPARTMENT/LAW
ENFORCEMENT UPDATE
Item No: F.2.
Prepared By Lt. Eric Kittelson, Carver County
Sheriff's Office
File No:
ATTACHMENTS:
Council Meeting Memo 102218
Activity Description by Class
September 2018 Statistics
CITY COUNCIL STAFF REPORT
Monday, October 22, 2018
Subject Resolution 201850: Orchard Lane Area Street & Utility Reconstruction Project: Public Hearing,
Order Project and Authorize Preparation of Plans & Specifications
Section PUBLIC HEARINGS Item No: G.1.
Prepared By Paul Oehme, Public Works Director/City
Engineer
File No: Project 201801
PROPOSED MOTION
“The City Council orders the project and the preparation of plans and specifications for the 2018 Street
Reconstruction Project No. 1801.”
Approval requires a Majority Vote of the entire council.
BACKGROUND
See attached staff report.
ATTACHMENTS:
Staff Report
Resolution
MEMORANDUM
TO: Todd Gerhardt, City Manager
FROM: Paul Oehme, Public Works Director/City Engineer
DATE: October 22, 2018
SUBJ: 2018 Street Reconstruction Project No. 18-01: Public Hearing; Order Preparation
of Plans and Specifications
BACKGROUND
On March 13, 2017, the City Council approved a consultant contract for the 2018 Street
Reconstruction Project.
DISCUSSION
Every year the City considers streets that are in poor
condition to be rehabilitated or reconstructed. For the 2018
Street Reconstruction Project, staff is proposing to make
improvements to approximately 0.7 miles of streets. The
street segments within the proposed project were identified
by the City’s Pavement Management software, site
investigations and utility problems in the area.
The proposed project is in the Orchard Lane neighborhood
in the northwest corner of the city.
Sixty-fourth (64th) Street was constructed in 1988 and was
sealcoated in 1995 and 1999. All other streets where
generally constructed in 1974 and were sealcoated in 1995
and 1999. The pavement condition indices (PCIs) are shown on the graphic below. A PCI of 100
represents a new street. Streets with a PCI below 45 typically indicate distresses that require a full
PROPOSED MOTION
“The City Council orders the preparation of plans and specifications for the 2018 Street
Reconstruction Project No. 18-01.”
City Council approval requires a super majority vote of the City Council present.”
Todd Gerhardt
2018 Street Reconstruction Project:
Public Hearing; Order Preparation of Plans & Specifications
October 22, 2018
Page 2
reconstruction, therefore it is no longer cost effective to repair the streets with minor maintenance or
perform a bituminous overlay.
The street widths vary between 20’ and 26’ within 30’ up to 60’ wide of right-of-way. The drivable
portion of the streets (i.e. the bituminous surface and the concrete gutter) is proposed to be the same
as the existing widths.
Sixty-fourth (64th) Street has curb and gutter. These streets are somewhat newer than the other
streets and show less distress. However, the street area is significantly block cracked and major
maintenance is needed at this time. An overlay would prolong the life of the street however; the
street will show the reflective cracks soon after the street is paved. The street is proposed for a
partial reconstruction which would include reclaiming the existing roadway, removing some of the
subgrade, placing 10” of reclaimed material as aggregate base matching the existing section, spot
curb and gutter replacement, and placing new 4” bituminous surfacing.
Todd Gerhardt
2018 Street Reconstruction Project:
Public Hearing; Order Preparation of Plans & Specifications
October 22, 2018
Page 3
All other streets are proposed to be fully reconstructed. The proposed pavement section includes 18”
of sand, 10” of Class 5 and 4” of bituminous as recommended by the soils engineer. Surmountable
curb is proposed to be installed in this area. Drain tile is proposed to be added behind the curb.
Water Main Improvements
The water main in this area is either cast iron or ductile iron pipe. Sixty-fourth (64th) Street is the
only area with ductile iron pipe that is not proposed to be replaced. One documented water main
break is shown on the graphic below. Due to the poor performance of cast iron pipe in the city, staff
is proposing to replace the cast iron pipe with PVC water main. All services would also be replaced
where water main is being replaced.
Sanitary Sewer Improvements
Staff has investigated and televised the condition of the sanitary sewer in this area. Approximately
460 feet of sewer is proposed to be replaced due to the condition of the pipe. The remaining sewer
pipe is in good structural condition, although some requires mineral removal, grouting and/or lining
to reduce the incidence of inflow and infiltration. These minor repair areas are also proposed to be
fixed at this time.
Storm Sewer Improvements
This area has very little stormwater infrastructure. Using the Surface Water Management Plan, a
new storm sewer system is proposed for the project area. Based on a hydrologic analysis, there is a
Todd Gerhardt
2018 Street Reconstruction Project:
Public Hearing; Order Preparation of Plans & Specifications
October 22, 2018
Page 4
need for catch basins and storm sewer to transition from rural sections to urban sections and to tie
into the existing public storm sewer on the easterly end of the project area. The system will be
comprised of reinforced concrete pipe (RCP).
Stormwater quality improvement options have been identified along with estimated costs and
treatment efficiencies for two different potential water quality treatment options to provide improved
conveyance and stormwater treatment. The proposed options would implement stormwater
measures to provide treatment to reduce both phosphorous and total suspended solids while still
providing conveyance and rate control. Though several options were reviewed for feasibility, the
limited public land available, topography and narrow right-of-way in this area limits the options for
stormwater improvements. Easements may be required depending on the specific option(s) chosen.
The specific water quality Best Management Practices (BMPs) recommended for consideration are:
1. Rain gardens at 2500 and 2630 Orchard Lane at the existing low point.
2. Adding a drainage swale on the city property at Herman Field Park.
Feasibility Report
The feasibility report was prepared by WSB and Associates. A copy of the feasibility report is
available in the Engineering Department.
Todd Gerhardt
2018 Street Reconstruction Project:
Public Hearing; Order Preparation of Plans & Specifications
October 22, 2018
Page 5
An open house was held on Wednesday, July 12, 2017 to discuss the proposed project and to answer
questions; approximately 30 people attended. All of the residents' questions were answered at the
meeting and/or with a follow-up after the meeting.
Another open house was held on October 18, 2017.
PROJECT FUNDING
Assessments will be based on the City’s assessment practice of assessing 40% of the street
improvement cost to the benefitting properties on a per lot basis. The assessments would be
proposed for a 10-year term at an interest rate of prime rate plus 2% at the time the contract is
awarded.
Budgets for the proposed work have been included in the 2017 CIP. The feasibility estimate has
been updated and is shown with the CIP budget below:
Funding Source Cost Estimate
Revolving Assessment Fund $ 1,254,000
Stormwater Utility Fund $ 358,000
Sanitary Sewer Utility Fund $182,000
Water Utility Fund $502,000
Total $2,296,000
The estimated costs include 5% contingency and 11% indirect costs.
Estimated Assessments (Orchard Lane, Forest Circle, Forest Lane, and Oriole Ave):
Total estimated assessable street costs: $784,811.32
40% assessed: 40% of $784,811.32 = $313,924.53
36 assessable units
$313,924.53 ÷ 36 units = $8,720.13/unit**
Estimated Assessments for 64th Street:
Total estimated assessable street costs: $112,747.03
40% assessed: 40% of $112,747.03 = $45,098.81
12 assessable units
$45,098.81 ÷ 12 units = $3,758.23/unit**
Todd Gerhardt
2018 Street Reconstruction Project:
Public Hearing; Order Preparation of Plans & Specifications
October 22, 2018
Page 6
SCHEDULE
The proposed project schedule is as follows:
Neighborhood Meeting October 18, 2019
Public Hearing; Authorize Preparation of Plans and Specifications October 22, 2018
Approve Plans and Specifications; Authorize Advertisement for Bids November 12, 2018
Call Assessment Hearing January 14, 2019
Assessment Hearing; Accept Bids and Award Contract January 28, 2019
Start Construction April, 2019
Construction Substantially Complete September, 2019
Attachment: Resolution
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: October 22, 2018 RESOLUTION NO: 2018-XX
MOTION BY: SECONDED BY:
A RESOLUTION ORDERING IMPROVEMENTS & AUTHORIZING
PREPARATION OF PLANS AND SPECIFICATIONS FOR THE
2018 STREET RECONSTRUCTION (ORCHARD LANE AREA)
PROJECT NO. 18-01
WHEREAS, on October 8, 2018, the City Council received the feasibility report and called
for the public hearing to be held on October 22, 2018 for the 2018 Street Reconstruction (Orchard
Lane Area) Project; and
AND WHEREAS, fourteen days' mailed notice and two weeks' published notice of the
hearing was given, and the hearing was held thereon on the 22nd day of October, 2018 which all
persons desiring to be heard were given an opportunity to be heard thereon.
NOW, THEREFORE, BE IT RESOLVED by the Chanhassen City Council:
1. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility
report.
2. Such improvement is hereby ordered as proposed in the Council resolution adopted
October 22, 2018.
3. Authorizes preparation of plans and specifications for the 2018 Street Reconstruction
(Orchard Lane Area) Project No. 18-01.
Passed and adopted by the Chanhassen City Council this 22nd day of April, 2018.
ATTEST:
Todd Gerhardt, City Manager Denny Laufenburger, Mayor
YES NO ABSENT
CITY COUNCIL STAFF REPORT
Monday, October 22, 2018
Subject Resolution 201851: Certification of Delinquent Sewer and Water Accounts to the County
Auditor
Section PUBLIC HEARINGS Item No: G.2.
Prepared By Greg Sticha, Finance Director File No: ADM244
PROPOSED MOTION
“The City Council adopts a resolution certifying delinquent utility accounts to the County Auditor.”
Approval requires a Simple Majority Vote of members present.
BACKGROUND
Chanhassen city ordinances provide two methods for collection of delinquent water and sewer accounts. The
ordinance states, “In the event any water service is not paid within three (3) months after the time it is rendered, the
city council may recover said amount in an action brought in any court of competent jurisdiction, or in the alternative,
may certify the amount due together with penalties to the county auditor to be collected with other real estate taxes
levied against the premises served.”
The procedure for collecting the water and sewer bills is that a bill is generated once a quarter for each account. If not
paid, we then send a letter in the fall (August through October, depending on which district the account is in) notifying
the property owner of the delinquency and the consequences of nonpayment. They are allowed to attend a public
hearing to dispute the certification. The list is then sent to the county by December 1. The list of delinquent properties
is available in the Finance Department.
There were no accounts who notified us wishing to dispute these delinquent charges as of October 15, 2018.
Current practice is to certify the amount due to the property taxes, as allowed by State Statute 444. There are 203
accounts with a total value of $110,817.86 to be collected this year. This compares to 206 accounts with a total
dollar amount of $119,225.54 last year. We believe that at least several accounts will be paid in full by the time the
final list is established in December. The other accounts will be certified to the county for collection with a fee of 10%
added for the administrative costs incurred plus an additional $5.00 Carver County Certification Fee (for properties
within Carver County). Approval of this item requires a simple majority vote of those city council members present.
ATTACHMENTS:
Resolution
List of accounts
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: October 22, 2018 RESOLUTION NO: 2018-
MOTION BY: SECONDED BY:
A RESOLUTION
CERTIFYING UTILITY ACCOUNTS TO THE COUNTY AUDITOR
WHEREAS, State Statute 444 authorized cities to specially assess delinquent sewer and
water charges against the benefiting property being delinquent for said charges; and
WHEREAS, the City Council has determined that the attached Exhibit A represents utility
customers who have been delinquent in paying their current sewer and water billings for more than
one quarter.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chanhassen hereby authorizes the City Manager to certify the attached Exhibit A to the
appropriate County Auditor for collection with property tax certifications being certified in 2018,
collectible in 2019. These assessments will run for one year and not accrue any additional
interest.
Passed and adopted by the Chanhassen City Council this 22nd day of October, 2018.
ATTEST:
__________________________________ ____________________________________
Todd Gerhardt, City Manager Denny Laufenburger, Mayor
YES NO ABSENT
Exhibit A
PID Certify PID Certify
25-0010300 1,248.13 25-0880810 191.68
25-0011400 521.95 25-1160010 462.30
25-0050700 137.54 25-1200010 78.92
25-0051600 135.06 25-1200080 69.70
25-0151300 195.56 25-1290140 623.52
25-0241900 78.92 25-1400090 987.36
25-0242100 72.33 25-1520040 261.61
25-0251510 757.88 25-1520050 806.60
25-0351200 1,326.51 25-1600100 186.65
25-0361300 1,036.35 25-1600451 685.14
25-0363000 2,132.71 25-1601110 543.76
25-0363300 78.92 25-1601430 507.76
25-0500130 978.85 25-1602400 465.56
25-0500190 78.69 25-1800130 920.04
25-0500393 60.67 25-1850350 515.73
25-0640310 317.08 25-1860290 1,322.61
25-0640370 803.45 25-1860330 363.00
25-0640460 314.91 25-1870230 642.10
25-0840010 51.32 25-1870370 538.89
25-0840020 51.32 25-1980290 246.74
25-0840030 51.32 25-1980300 224.26
25-0840040 51.32 25-2000050 632.25
25-0840050 51.32 25-2000160 943.48
25-0840060 51.32 25-2000260 844.60
25-0840070 51.32 25-2000880 948.01
25-0840080 49.98 25-2020080 553.63
25-0840090 49.98 25-2020150 299.23
25-0840100 72.83 25-2020570 414.30
25-0840110 51.32 25-2020650 894.45
25-0840120 49.98 25-2020780 746.26
25-0840130 48.64 25-2020910 224.45
25-0840140 48.64 25-2021270 794.69
25-0840150 49.98 25-2021430 249.24
25-0840160 49.98 25-2021570 129.62
25-0840170 48.65 25-2030120 144.94
25-0840180 62.09 25-2030460 684.72
25-0880060 171.34 25-2030640 165.78
25-0880160 74.24 25-2030700 523.44
25-1601430 461.75 25-2031140 365.21
PID Certify PID Certify
25-2040090 862.03 25-4030380 936.99
25-2080100 1,520.45 25-4040030 1,618.37
25-2090010 428.35 25-4060070 1,174.74
25-2110070 1,293.53 25-4060180 1,095.82
25-2150010 1,351.73 25-4070010 78.92
25-2260020 1,021.77 25-4080070 27.34
25-2510100 363.00 25-4200120 357.87
25-2540020 1,396.15 25-4200250 744.54
25-2560270 1,676.07 25-4480020 40.27
25-2560350 247.62 25-4520020 83.55
25-2620430 523.36 25-4540120 184.63
25-2620440 1,086.88 25-4700020 1,410.92
25-2670050 578.30 25-4810230 644.00
25-2700130 326.92 25-4820010 748.14
25-2730240 1,027.99 25-4820040 477.08
25-2730300 523.07 25-4950090 574.99
25-2730570 944.65 25-4950240 869.06
25-2730840 167.51 25-4950460 485.15
25-2840050 375.12 25-4950470 509.60
25-2850040 662.25 25-4950630 971.59
25-2850060 733.73 25-5050200 467.83
25-2880040 27.34 25-5250070 398.51
25-2880050 27.34 25-5250250 330.58
25-3000390 1,018.65 25-5300250 847.15
25-3000800 382.86 25-5310110 388.09
25-3250030 78.92 25-5450181 366.46
25-3320300 78.92 25-5540230 956.06
25-3410090 2,426.62 25-5550220 1,485.41
25-3450060 687.59 25-5550280 595.37
25-3450210 723.84 25-5570120 117.32
25-3450660 657.08 25-5610090 286.31
25-3500100 562.45 25-5630220 276.38
25-3500180 419.05 25-5630230 134.94
25-3500271 561.07 25-5630260 99.11
25-3530090 27.34 25-5630410 114.21
25-3900100 888.34 25-5670160 279.53
25-3920140 155.49 25-5670410 1,565.68
25-3950070 849.15 25-6030150 528.22
25-3980160 436.20 25-6150040 1,137.03
PID Certify PID Certify
25-6150060 424.86 25-8710120 608.30
25-6150120 251.28 25-8800050 533.37
25-6150480 112.79 25-8810670 109.04
25-6150610 484.33 25-8910180 115.00
25-6380050 684.86 25-8930100 765.06
25-6390120 1,095.44 25-8950110 258.31
25-6500150 366.85 25-8970190 902.79
25-6840010 78.92 65-4780270 482.84
25-7260320 1,087.06 65-4800030 770.58
25-7550080 106.38
25-7550100 1,507.42 $110,817.86
25-7550120 838.02 ***Total of 203 accounts***
25-7550190 817.34 Revised 10/16/2018
25-7550200 989.85 ____________
25-7550730 1,305.62
25-7551240 409.78
25-7551290 734.43
25-7600090 895.86
25-7760100 77.89
25-7900080 984.97
25-8050020 475.65
25-8060110 716.96
25-8130020 631.73
25-8160020 910.50
25-8160050 871.05
25-8210120 1,433.68
25-8290060 377.16
25-8410170 392.17
25-8480050 673.50
25-8480250 838.77
25-8480920 136.90
25-8481280 138.19
25-8481650 355.69
25-8481730 295.06
25-8481830 122.05
25-8481880 1,188.25
25-8482250 123.05
25-8600110 812.17
25-8630010 334.97
CITY COUNCIL STAFF REPORT
Monday, October 22, 2018
Subject Glendale Drive Subdivision Request: Approve Preliminary Plat for 5 Lots and a Variance for a
50foot Wide Public Street
Section NEW BUSINESS Item No: H.1.
Prepared By Sharmeen AlJaff, Senior Planner File No: PC 201813
PROPOSED MOTION
“The City Council approves the preliminary plat to subdivide 2.14 acres into five lots and one outlot and a variance
to allow a 50foot public rightofway (ROW) as shown in plans stamped Received August 29, 2018 subject to the
conditions of approval and adopts the Findings of Fact."
Approval requires a Simple Majority Vote of members present.
SUMMARY
The applicant is requesting to subdivide 2.14 acres into five lots for singlefamily detached housing. The property is
located at the southwest intersection of Minnewashta Parkway and Glendale Drive. Access to the site is proposed via
Glendale Drive. Sewer and water is available to the site. The property is zoned SingleFamily Residential, RSF.
BACKGROUND
On August 7, 2018, the Planning Commission reviewed and tabled action on this request. Multiple issues were of
concern to staff. The applicant was directed to address these issues.
On October 2, 2018, the Planning Commission reviewed and approved this application for five lots without a road
extension to serve the property to the south. Multiple issues were raised during the meeting. Staff will address some of
these issues.
DISCUSSION
Legal Issues
Representatives of the Stratford Ridge Subdivision raised some legal issues. Below is the City Attorney’s comments:
Per your request I have reviewed the Stratford Ridge subdivision Residents’ response to Glendale subdivision
application. The memo quotes MN Statutes 462.357, Subd (6)(2) and correctly notes that the term “undue
hardship” was changed to “practical difficulties.” The quoted statute is applicable to “variances from the
requirements of the zoning ordinance.” The City’s zoning ordinance, Section 2058, was amended to be
consistent with the statute and requires “practical difficulties” not “undue hardship.”
CITY COUNCIL STAFF REPORTMonday, October 22, 2018SubjectGlendale Drive Subdivision Request: Approve Preliminary Plat for 5 Lots and a Variance for a50foot Wide Public StreetSectionNEW BUSINESS Item No: H.1.Prepared By Sharmeen AlJaff, Senior Planner File No: PC 201813PROPOSED MOTION“The City Council approves the preliminary plat to subdivide 2.14 acres into five lots and one outlot and a varianceto allow a 50foot public rightofway (ROW) as shown in plans stamped Received August 29, 2018 subject to theconditions of approval and adopts the Findings of Fact."Approval requires a Simple Majority Vote of members present.SUMMARYThe applicant is requesting to subdivide 2.14 acres into five lots for singlefamily detached housing. The property islocated at the southwest intersection of Minnewashta Parkway and Glendale Drive. Access to the site is proposed viaGlendale Drive. Sewer and water is available to the site. The property is zoned SingleFamily Residential, RSF.BACKGROUNDOn August 7, 2018, the Planning Commission reviewed and tabled action on this request. Multiple issues were ofconcern to staff. The applicant was directed to address these issues.On October 2, 2018, the Planning Commission reviewed and approved this application for five lots without a roadextension to serve the property to the south. Multiple issues were raised during the meeting. Staff will address some ofthese issues.DISCUSSIONLegal IssuesRepresentatives of the Stratford Ridge Subdivision raised some legal issues. Below is the City Attorney’s comments:Per your request I have reviewed the Stratford Ridge subdivision Residents’ response to Glendale subdivisionapplication. The memo quotes MN Statutes 462.357, Subd (6)(2) and correctly notes that the term “unduehardship” was changed to “practical difficulties.” The quoted statute is applicable to “variances from the
requirements of the zoning ordinance.” The City’s zoning ordinance, Section 2058, was amended to be
consistent with the statute and requires “practical difficulties” not “undue hardship.”
The proposed variance, however, is to the city’s subdivision ordinance requirement of a 60foot rightofway,
City Code Section 1857. It is not a variance to the city’s zoning ordinance requirements. MN Statutes 462.358,
subd. 6 regulates variances from subdivision regulations and requires finding of a “hardship”:
Subd. 6.Variances. Subdivision regulations may provide for a procedure for varying the regulations as they
apply to specific properties where an unusual hardship on the land exists, but variances may be granted only
upon the specific grounds set forth in the regulations. Unusual hardship includes, but is not limited to,
inadequate access to direct sunlight for solar energy systems."
City owned property adjacent to Country Oaks Drive
The property owner south of the subject site (6760 Minnewashta Parkway) requested that the portion of the parcel
highlighted in blue be combined with her property in order to provide access off of Country Oaks Drive. It is staff’s
recommendation that this portion be combined with 3931 Country Oaks. This remaining strip is not sufficient in width
to provide adequate frontage/access for 6760 Minnewashta Parkway.
Street serving property south of the subject site
The developer has indicated that a variance is not necessary because there is not an intention to provide access
through the property managed by the developer. Therefore, granting the variance request is not applicable to their
CITY COUNCIL STAFF REPORTMonday, October 22, 2018SubjectGlendale Drive Subdivision Request: Approve Preliminary Plat for 5 Lots and a Variance for a50foot Wide Public StreetSectionNEW BUSINESS Item No: H.1.Prepared By Sharmeen AlJaff, Senior Planner File No: PC 201813PROPOSED MOTION“The City Council approves the preliminary plat to subdivide 2.14 acres into five lots and one outlot and a varianceto allow a 50foot public rightofway (ROW) as shown in plans stamped Received August 29, 2018 subject to theconditions of approval and adopts the Findings of Fact."Approval requires a Simple Majority Vote of members present.SUMMARYThe applicant is requesting to subdivide 2.14 acres into five lots for singlefamily detached housing. The property islocated at the southwest intersection of Minnewashta Parkway and Glendale Drive. Access to the site is proposed viaGlendale Drive. Sewer and water is available to the site. The property is zoned SingleFamily Residential, RSF.BACKGROUNDOn August 7, 2018, the Planning Commission reviewed and tabled action on this request. Multiple issues were ofconcern to staff. The applicant was directed to address these issues.On October 2, 2018, the Planning Commission reviewed and approved this application for five lots without a roadextension to serve the property to the south. Multiple issues were raised during the meeting. Staff will address some ofthese issues.DISCUSSIONLegal IssuesRepresentatives of the Stratford Ridge Subdivision raised some legal issues. Below is the City Attorney’s comments:Per your request I have reviewed the Stratford Ridge subdivision Residents’ response to Glendale subdivisionapplication. The memo quotes MN Statutes 462.357, Subd (6)(2) and correctly notes that the term “unduehardship” was changed to “practical difficulties.” The quoted statute is applicable to “variances from therequirements of the zoning ordinance.” The City’s zoning ordinance, Section 2058, was amended to beconsistent with the statute and requires “practical difficulties” not “undue hardship.”The proposed variance, however, is to the city’s subdivision ordinance requirement of a 60foot rightofway,City Code Section 1857. It is not a variance to the city’s zoning ordinance requirements. MN Statutes 462.358,subd. 6 regulates variances from subdivision regulations and requires finding of a “hardship”: Subd. 6.Variances. Subdivision regulations may provide for a procedure for varying the regulations as theyapply to specific properties where an unusual hardship on the land exists, but variances may be granted onlyupon the specific grounds set forth in the regulations. Unusual hardship includes, but is not limited to,inadequate access to direct sunlight for solar energy systems."City owned property adjacent to Country Oaks DriveThe property owner south of the subject site (6760 Minnewashta Parkway) requested that the portion of the parcelhighlighted in blue be combined with her property in order to provide access off of Country Oaks Drive. It is staff’srecommendation that this portion be combined with 3931 Country Oaks. This remaining strip is not sufficient in widthto provide adequate frontage/access for 6760 Minnewashta Parkway.Street serving property south of the subject site
The developer has indicated that a variance is not necessary because there is not an intention to provide access
through the property managed by the developer. Therefore, granting the variance request is not applicable to their
application.
Staff believes it is appropriate to include the recommendation in the staff report to allow a 50foot wide rightofway
in lieu of the city standard which is a minimum width of 60 feet. This was to help the developer maintain their desired
five lots in addition to dedicating rightofway to provide access for a street section to the properties to the south.
Staff is compelled to continue to be a proponent for a reasonable solution that facilitates access for the properties to
the south of the subject property. The residents in the Stratford Ridge Homeowners Association have made it clear
that they are against the through street that was planned when the development was platted. The homes that are on the
culdesac are against removal of the ‘temporary’ culdesac that would be necessary for Stratford Ridge to extend to
the north.
The length of the existing culdesac is also an issue. Currently, the temporary culdesac’s length is 780 feet. Stratford
Ridge would likely need to be extended around 250 feet in order to serve the two properties to the south of the
subject property. This assumes these two properties would elect to develop collectively. Section 1857(k) of the City
Code indicates the maximum length of a culdesac is 800 feet. A variance would be required to facilitate the
extension of Stratford Ridge to the north. The developer has debated the measurement of the length of a culdesac.
The developer suggests the measurement begins at the intersection of Stratford Boulevard and Stratford Ridge.
Engineering and the Fire Department disagree with this interpretation. The intention of the culdesac length
measurement within the City Code is to establish a maximum length of travel for response timing for emergency
vehicles. Hence, the measurement needs to be begin from Minnewashta Parkway to the center of the temporary cul
desac at the end of Stratford Ridge.
Another issue worth making note of is the existing diameter of the culdesac on Stratford Ridge. Both culdesacs
measure 77 feet in diameter. The current city standard is to require a 90foot diameter. This will be the diameter
required for a future culdesac if an extension of the street occurrs. The primary reason for the increased diameter is
to facilitate the movement of emergency vehicles such as the new ladder truck owned by the Fire Department.
Engineering will not be a proponent for a subdivision plan that would request access off of Minnewashta Parkway.
This is due to direction provided within the city code. Section 205 of the city code designates Minnewashta Parkway
as a collector street. A collector street is defined as a street that carries traffic from local streets to arterial streets. It is
important that accesses are minimized to facilitate efficient and safer vehicular flow. Section 1857(l) of the city code
indicates “Where a proposed subdivision is adjacent to a limitedaccess highway, arterial, or collector street, there
shall be no direct vehicular or pedestrian access from individual lots to such highways or streets …”.
The owner of the property to the south of the subject site has met with staff on multiple occasions over the past seven
years to discuss development of their property. Staff has always discussed with this property owner that development
of their property is premature until development occurred to the north or south to allow access to the property to be
coordinated. Therefore, requiring access from the north should be a main consideration at this time. If it is not
included, access will essentially have to be provided from the south.
The property owner to the south hired a private engineering consultant to prepare some alternate concepts for
consideration as part of this discussion. Engineering believes there are alternatives that can be supported within the
concepts.
Staff believes the developer should be directed to work with the properties to the south from the perspective of
providing reasonable access. It appears feasible that five lots and a 50foot rightofway can be provided.
Staff finds both Concepts #1 and #2 as shown below, prepared by Alliant Engineering, to be viable options.
CITY COUNCIL STAFF REPORTMonday, October 22, 2018SubjectGlendale Drive Subdivision Request: Approve Preliminary Plat for 5 Lots and a Variance for a50foot Wide Public StreetSectionNEW BUSINESS Item No: H.1.Prepared By Sharmeen AlJaff, Senior Planner File No: PC 201813PROPOSED MOTION“The City Council approves the preliminary plat to subdivide 2.14 acres into five lots and one outlot and a varianceto allow a 50foot public rightofway (ROW) as shown in plans stamped Received August 29, 2018 subject to theconditions of approval and adopts the Findings of Fact."Approval requires a Simple Majority Vote of members present.SUMMARYThe applicant is requesting to subdivide 2.14 acres into five lots for singlefamily detached housing. The property islocated at the southwest intersection of Minnewashta Parkway and Glendale Drive. Access to the site is proposed viaGlendale Drive. Sewer and water is available to the site. The property is zoned SingleFamily Residential, RSF.BACKGROUNDOn August 7, 2018, the Planning Commission reviewed and tabled action on this request. Multiple issues were ofconcern to staff. The applicant was directed to address these issues.On October 2, 2018, the Planning Commission reviewed and approved this application for five lots without a roadextension to serve the property to the south. Multiple issues were raised during the meeting. Staff will address some ofthese issues.DISCUSSIONLegal IssuesRepresentatives of the Stratford Ridge Subdivision raised some legal issues. Below is the City Attorney’s comments:Per your request I have reviewed the Stratford Ridge subdivision Residents’ response to Glendale subdivisionapplication. The memo quotes MN Statutes 462.357, Subd (6)(2) and correctly notes that the term “unduehardship” was changed to “practical difficulties.” The quoted statute is applicable to “variances from therequirements of the zoning ordinance.” The City’s zoning ordinance, Section 2058, was amended to beconsistent with the statute and requires “practical difficulties” not “undue hardship.”The proposed variance, however, is to the city’s subdivision ordinance requirement of a 60foot rightofway,City Code Section 1857. It is not a variance to the city’s zoning ordinance requirements. MN Statutes 462.358,subd. 6 regulates variances from subdivision regulations and requires finding of a “hardship”: Subd. 6.Variances. Subdivision regulations may provide for a procedure for varying the regulations as theyapply to specific properties where an unusual hardship on the land exists, but variances may be granted onlyupon the specific grounds set forth in the regulations. Unusual hardship includes, but is not limited to,inadequate access to direct sunlight for solar energy systems."City owned property adjacent to Country Oaks DriveThe property owner south of the subject site (6760 Minnewashta Parkway) requested that the portion of the parcelhighlighted in blue be combined with her property in order to provide access off of Country Oaks Drive. It is staff’srecommendation that this portion be combined with 3931 Country Oaks. This remaining strip is not sufficient in widthto provide adequate frontage/access for 6760 Minnewashta Parkway.Street serving property south of the subject siteThe developer has indicated that a variance is not necessary because there is not an intention to provide accessthrough the property managed by the developer. Therefore, granting the variance request is not applicable to theirapplication.Staff believes it is appropriate to include the recommendation in the staff report to allow a 50foot wide rightofwayin lieu of the city standard which is a minimum width of 60 feet. This was to help the developer maintain their desiredfive lots in addition to dedicating rightofway to provide access for a street section to the properties to the south.Staff is compelled to continue to be a proponent for a reasonable solution that facilitates access for the properties tothe south of the subject property. The residents in the Stratford Ridge Homeowners Association have made it clearthat they are against the through street that was planned when the development was platted. The homes that are on theculdesac are against removal of the ‘temporary’ culdesac that would be necessary for Stratford Ridge to extend tothe north.The length of the existing culdesac is also an issue. Currently, the temporary culdesac’s length is 780 feet. StratfordRidge would likely need to be extended around 250 feet in order to serve the two properties to the south of thesubject property. This assumes these two properties would elect to develop collectively. Section 1857(k) of the CityCode indicates the maximum length of a culdesac is 800 feet. A variance would be required to facilitate theextension of Stratford Ridge to the north. The developer has debated the measurement of the length of a culdesac.The developer suggests the measurement begins at the intersection of Stratford Boulevard and Stratford Ridge.Engineering and the Fire Department disagree with this interpretation. The intention of the culdesac lengthmeasurement within the City Code is to establish a maximum length of travel for response timing for emergencyvehicles. Hence, the measurement needs to be begin from Minnewashta Parkway to the center of the temporary culdesac at the end of Stratford Ridge.Another issue worth making note of is the existing diameter of the culdesac on Stratford Ridge. Both culdesacsmeasure 77 feet in diameter. The current city standard is to require a 90foot diameter. This will be the diameterrequired for a future culdesac if an extension of the street occurrs. The primary reason for the increased diameter isto facilitate the movement of emergency vehicles such as the new ladder truck owned by the Fire Department.Engineering will not be a proponent for a subdivision plan that would request access off of Minnewashta Parkway.This is due to direction provided within the city code. Section 205 of the city code designates Minnewashta Parkwayas a collector street. A collector street is defined as a street that carries traffic from local streets to arterial streets. It isimportant that accesses are minimized to facilitate efficient and safer vehicular flow. Section 1857(l) of the city codeindicates “Where a proposed subdivision is adjacent to a limitedaccess highway, arterial, or collector street, thereshall be no direct vehicular or pedestrian access from individual lots to such highways or streets …”.The owner of the property to the south of the subject site has met with staff on multiple occasions over the past sevenyears to discuss development of their property. Staff has always discussed with this property owner that developmentof their property is premature until development occurred to the north or south to allow access to the property to becoordinated. Therefore, requiring access from the north should be a main consideration at this time. If it is notincluded, access will essentially have to be provided from the south.The property owner to the south hired a private engineering consultant to prepare some alternate concepts forconsideration as part of this discussion. Engineering believes there are alternatives that can be supported within theconcepts.Staff believes the developer should be directed to work with the properties to the south from the perspective ofproviding reasonable access. It appears feasible that five lots and a 50foot rightofway can be provided.
Staff finds both Concepts #1 and #2 as shown below, prepared by Alliant Engineering, to be viable options.
Storm Water
On August 7, 2018, the Planning Commission reviewed and tabled action on this application. There were
multiple issues that were of concern to staff. The applicant was directed by the Planning Commission to address
these issues and resubmit the plans for review and approval.
On August 22 Engineering and Planning staff met with the applicant. Each of the items in the August 7 Staff
Report were discussed, including the applicable city code and staff’s recommendations for a treatment train or
single pond in the southeast corner. Staff also reiterated the need for an HOA to meet maintenance
requirements.
CITY COUNCIL STAFF REPORTMonday, October 22, 2018SubjectGlendale Drive Subdivision Request: Approve Preliminary Plat for 5 Lots and a Variance for a50foot Wide Public StreetSectionNEW BUSINESS Item No: H.1.Prepared By Sharmeen AlJaff, Senior Planner File No: PC 201813PROPOSED MOTION“The City Council approves the preliminary plat to subdivide 2.14 acres into five lots and one outlot and a varianceto allow a 50foot public rightofway (ROW) as shown in plans stamped Received August 29, 2018 subject to theconditions of approval and adopts the Findings of Fact."Approval requires a Simple Majority Vote of members present.SUMMARYThe applicant is requesting to subdivide 2.14 acres into five lots for singlefamily detached housing. The property islocated at the southwest intersection of Minnewashta Parkway and Glendale Drive. Access to the site is proposed viaGlendale Drive. Sewer and water is available to the site. The property is zoned SingleFamily Residential, RSF.BACKGROUNDOn August 7, 2018, the Planning Commission reviewed and tabled action on this request. Multiple issues were ofconcern to staff. The applicant was directed to address these issues.On October 2, 2018, the Planning Commission reviewed and approved this application for five lots without a roadextension to serve the property to the south. Multiple issues were raised during the meeting. Staff will address some ofthese issues.DISCUSSIONLegal IssuesRepresentatives of the Stratford Ridge Subdivision raised some legal issues. Below is the City Attorney’s comments:Per your request I have reviewed the Stratford Ridge subdivision Residents’ response to Glendale subdivisionapplication. The memo quotes MN Statutes 462.357, Subd (6)(2) and correctly notes that the term “unduehardship” was changed to “practical difficulties.” The quoted statute is applicable to “variances from therequirements of the zoning ordinance.” The City’s zoning ordinance, Section 2058, was amended to beconsistent with the statute and requires “practical difficulties” not “undue hardship.”The proposed variance, however, is to the city’s subdivision ordinance requirement of a 60foot rightofway,City Code Section 1857. It is not a variance to the city’s zoning ordinance requirements. MN Statutes 462.358,subd. 6 regulates variances from subdivision regulations and requires finding of a “hardship”: Subd. 6.Variances. Subdivision regulations may provide for a procedure for varying the regulations as theyapply to specific properties where an unusual hardship on the land exists, but variances may be granted onlyupon the specific grounds set forth in the regulations. Unusual hardship includes, but is not limited to,inadequate access to direct sunlight for solar energy systems."City owned property adjacent to Country Oaks DriveThe property owner south of the subject site (6760 Minnewashta Parkway) requested that the portion of the parcelhighlighted in blue be combined with her property in order to provide access off of Country Oaks Drive. It is staff’srecommendation that this portion be combined with 3931 Country Oaks. This remaining strip is not sufficient in widthto provide adequate frontage/access for 6760 Minnewashta Parkway.Street serving property south of the subject siteThe developer has indicated that a variance is not necessary because there is not an intention to provide accessthrough the property managed by the developer. Therefore, granting the variance request is not applicable to theirapplication.Staff believes it is appropriate to include the recommendation in the staff report to allow a 50foot wide rightofwayin lieu of the city standard which is a minimum width of 60 feet. This was to help the developer maintain their desiredfive lots in addition to dedicating rightofway to provide access for a street section to the properties to the south.Staff is compelled to continue to be a proponent for a reasonable solution that facilitates access for the properties tothe south of the subject property. The residents in the Stratford Ridge Homeowners Association have made it clearthat they are against the through street that was planned when the development was platted. The homes that are on theculdesac are against removal of the ‘temporary’ culdesac that would be necessary for Stratford Ridge to extend tothe north.The length of the existing culdesac is also an issue. Currently, the temporary culdesac’s length is 780 feet. StratfordRidge would likely need to be extended around 250 feet in order to serve the two properties to the south of thesubject property. This assumes these two properties would elect to develop collectively. Section 1857(k) of the CityCode indicates the maximum length of a culdesac is 800 feet. A variance would be required to facilitate theextension of Stratford Ridge to the north. The developer has debated the measurement of the length of a culdesac.The developer suggests the measurement begins at the intersection of Stratford Boulevard and Stratford Ridge.Engineering and the Fire Department disagree with this interpretation. The intention of the culdesac lengthmeasurement within the City Code is to establish a maximum length of travel for response timing for emergencyvehicles. Hence, the measurement needs to be begin from Minnewashta Parkway to the center of the temporary culdesac at the end of Stratford Ridge.Another issue worth making note of is the existing diameter of the culdesac on Stratford Ridge. Both culdesacsmeasure 77 feet in diameter. The current city standard is to require a 90foot diameter. This will be the diameterrequired for a future culdesac if an extension of the street occurrs. The primary reason for the increased diameter isto facilitate the movement of emergency vehicles such as the new ladder truck owned by the Fire Department.Engineering will not be a proponent for a subdivision plan that would request access off of Minnewashta Parkway.This is due to direction provided within the city code. Section 205 of the city code designates Minnewashta Parkwayas a collector street. A collector street is defined as a street that carries traffic from local streets to arterial streets. It isimportant that accesses are minimized to facilitate efficient and safer vehicular flow. Section 1857(l) of the city codeindicates “Where a proposed subdivision is adjacent to a limitedaccess highway, arterial, or collector street, thereshall be no direct vehicular or pedestrian access from individual lots to such highways or streets …”.The owner of the property to the south of the subject site has met with staff on multiple occasions over the past sevenyears to discuss development of their property. Staff has always discussed with this property owner that developmentof their property is premature until development occurred to the north or south to allow access to the property to becoordinated. Therefore, requiring access from the north should be a main consideration at this time. If it is notincluded, access will essentially have to be provided from the south.The property owner to the south hired a private engineering consultant to prepare some alternate concepts forconsideration as part of this discussion. Engineering believes there are alternatives that can be supported within theconcepts.Staff believes the developer should be directed to work with the properties to the south from the perspective ofproviding reasonable access. It appears feasible that five lots and a 50foot rightofway can be provided.Staff finds both Concepts #1 and #2 as shown below, prepared by Alliant Engineering, to be viable options.Storm WaterOn August 7, 2018, the Planning Commission reviewed and tabled action on this application. There weremultiple issues that were of concern to staff. The applicant was directed by the Planning Commission to addressthese issues and resubmit the plans for review and approval.On August 22 Engineering and Planning staff met with the applicant. Each of the items in the August 7 StaffReport were discussed, including the applicable city code and staff’s recommendations for a treatment train or
single pond in the southeast corner. Staff also reiterated the need for an HOA to meet maintenance
requirements.
On August 31 staff received an updated submission from the applicant. The applicant did not address the
primary issues in the August 7 staff report; however, some of the issues were addressed and sufficient
supplementary information was provided. Staff informed the applicant they were now able to determine
conditions for approval.
On September 18, staff was informed by Minnehaha Creek Watershed District (MCWD) that they had still not
received an application from the applicant. Staff had informed the applicant of this requirement in the preliminary
meeting, August 7 Planning Commission meeting, and August 22 meeting. Staff sent an email to the applicant
reminding them of this requirement.
On October 2, the Planning Commission supported and passed all water resourcerelated conditions for
approval.
On October 11, the applicant proposed a “pond” on the southeast corner of Lot 5 to meet stormwater
standards for water quality and rate control. The applicant proposes, and staff agrees, that a swale is necessary
along the full rear of the yards to ensure stormwater runoff is directed to the pond, and infiltration within the
swale is only utilized if the pond cannot meet standards alone. Staff recommends the applicant consider
connecting the pond outlet to the 12inch RCP storm along Minnewashta Parkway, determine if the structure is
sized appropriately, and provide any upgrades including sump manhole at tie in. The proposed pond EOF
should meet city code. The applicant stated they will provide an updated stormwater management plan. The
proposed pond and swale address two of the primary stormwater concerns. The HOA, easement, and
conditions for approval will address the remaining concerns.
There have been significant issues in the city where operation and maintenance requirements were recorded against a
single property. Staff recommends an HOA be required with a detailed funding mechanism as the responsible entity for
permanent operation and maintenance. Staff recommends the EOF be approved as proposed at an elevation at least
one foot below the low floor opening of the adjacent property, and that the applicant work with staff and the adjacent
property owner to ensure the EOF route does not create a public nuisance. Staff also recommends permanent BMPs
be designed and installed to connect to a future regional pond south of the property without significantly altering the
grading, drainage, installed utilities, or removal/relocation of primary structures, accessory structures, and driveways.
ATTACHMENTS:
Planning Commission Staff Report dated October 2, 2018 (with revisions)
Planning Commission Staff Report Attachments
Letter from Carin Moore received October 2, 2018
Letter from Carin Moore received October 16, 2018
Stratford Ridge Subdivision Residents' Response to Glendale Subdivision Application dated October 2, 2018
Preliminary Plat Sheets stamped Received August 29, 2018 with revised Grading, Drainage and Erosion
Control Plan revised October 11, 2018
CITY OF CHANHASSEN
PC DATE: August 7, 2018
October 2, 2018
CC DATE: October 22, 2018
REVIEW DEADLINE: October 27, 2018
CASE #: 2018-13
BY: SJ, GB, TH, DN, JA, VS, JS
This staff report has been edited. All new information is highlighted in yellow. Impertinent
information has been struck through.
SUMMARY OF REQUEST: Subdivision of 2.14 acres into five lots and one outlot and a
variance to allow a 50-foot ROW.
LOCATION: Southwest intersection of Minnewashta Parkway and Glendale Drive.
APPLICANT: Perry Ryan Martin J. & Joyce Foy
Lake West Development, LLC P.O. Box 2804
14525 Highway 7, Suite 265 Kirkland, WA 98083
Minnetonka, MN 55345
Perry@lwestdev.com
(952) 221-3700
PRESENT ZONING: RSF, Residential
Single-Family District
2030 LAND USE PLAN: Residential
Low Density (1.2 – 4.0 units/net acre)
ACREAGE: 2.14 acres
DENSITY: 2.39 units per acre gross,
2.34 units per acre net
LEVEL OF CITY DISCRETION IN
DECISION-MAKING:
The city’s discretion in approving or
denying a preliminary plat is limited to
whether or not the proposed plat meets the standards outlined in the Subdivision Regulations and
Zoning Ordinance. If it meets these standards, the city must approve the preliminary plat. This
is a quasi-judicial decision.
The city’s discretion in approving or denying a variance is limited to whether or not the
proposed project meets the standards in the Subdivision Ordinances for variances. The city has a
relatively high level of discretion with a variance because the applicant is seeking a deviation
from established standards. This is a quasi-judicial decision.
Notice of this public hearing has been mailed to all property owners within 500 feet.
PROPOSED MOTION:
“The Chanhassen Planning Commission recommends approval of City Council approves the
preliminary plat to subdivide 2.14 acres into five lots and one outlot and a variance to allow a 50-
foot public right-of-way (ROW) as shown in plans stamped Received August 29, 2018 subject to
the conditions of approval and adopts the findings of fact and decision recommendation.”
Planning Commission
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October 2, 2018
Page 2 of 13
APPLICABLE REGULATIONS
Chapter 18, Subdivisions
Sec. 18-22. – Variances
Sec. 18-57. - Streets (a)
Sec. 18-60. - Lots(f)
Chapter 20, Article XII, RSF District
PROPOSAL/SUMMARY
The applicant is requesting to subdivide 2.14 acres into five lots for single-family detached
housing. The property is located at the southwest intersection of Minnewashta Parkway and
Glendale Drive. Access to the site is proposed via Glendale Drive. Sewer and water is available
to the site. The property is zoned Single-Family Residential, RSF.
BACKGROUND
On August 7, 2018, the Planning Commission reviewed and tabled action on this application. There
were multiple issues that were of concern to staff. The applicant was directed by the Planning
Commission to address these issues and resubmit
the plans for review and approval. Some of the
issues were addressed. Background from the
previous staff report remains below.
In 1988, the City approved the final plat for
Stratford Ridge with conditions. A temporary
cul-de-sac was stubbed to the north to insure the road extends to connect with Glendale Drive and
provide access to the properties to the north.
In 1990, the City approved the final plat for
Country Oaks. Outlot A was created with the
intent to combine it with the property to the
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October 2, 2018
Page 3 of 13
e
east at the time of development. That outlot was tax forfeited and reverted to the city. This
outlot serves no public interest and will be combined with the property to the east.
ISSUES
In reviewing this application, staff examined the
surrounding area and potential future subdivision of
adjoining properties. Some of the elements that are
reviewed include access, sewer, water, stormwater,
grading, etc.
STREETS
The developer did not elect to address the previously
identified conditions related to incorporating a thru
street into the design or performing an intersection
analysis. Staff analysis from the previous report is
included below.
The development does not incorporate a thru street stub to facilitate the extension of Stratford
Ridge to Glendale Drive. In the pre-application consultation, the developer was requested to
incorporate a thru street into their design. In addition, the developer was requested to perform an
intersection analysis at the intersection of Glendale Drive and Leslee Curve to facilitate this plan
Planning Commission
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October 2, 2018
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and provide a recommendation to help determine the best fit for the street connection in
conjunction with the lot divisions. This information was not provided and the developer is
proposing to plat five lots without accommodation for a thru street. Engineering staff
recommends the layout be revised to accommodate the future development of the two lots to the
south as required by city code 18-57 (a) and 18-60(f).
The existing cul-de-sac bubble to the south on Stratford Ridge was originally intended to be
temporary. It was planned to be removed and relocated to the north when Stratford Ridge was
extended in the future until the street could eventually connect to Glendale Drive. The current
length of this cul-de-sac is approximately 782 feet in length as measured from the centerline of
Minnewashta Parkway and along Stratford Lane, Stratford Boulevard and Stratford Ridge to the
center of the existing cul-de-sac (reference Exhibit No. 1). The maximum cul-de-sac length per
Section 18-57 (k) in the city code is 800 feet. Hence, it is not feasible (without an approved
variance) for the cul-de-sac to permanently extend and stop at the lot to the south of the proposed
development as the developer is intending because the cul-de-sac length would not meet city
code.
The Fire Marshal also reviewed and commented on the proposed plan. The Fire Department is
opposed to recommending the current plan be allowed to move forward as designed without a
thru street extension. MN Fire Code (2015 edition), which the city has adopted, states any fire
access road over 750 feet requires special approval. The Fire Marshal’s recommendation for the
best result for emergency responders would be to have a street platted to extend all the way
through to connect to Stratford Ridge. This would allow more efficient and safer vehicle access
and egress from this area to properly serve the community. The addition of new single-family
homes along with the extension of Stratford Ridge cul-de-sac would be a hindrance for first
responder vehicles. The review also identified the current cul-de-sac does not meet current fire
code which requires a 96-foot diameter or a 120-foot hammerhead turnaround.
Additionally, Section 20-5 of the city code designates Minnewashta Parkway as a collector
roadway. Minimizing vehicular access points to collector roadways is a priority for the city from
a vehicular and pedestrian safety perspective. This ¼ mile separation requirement is established
by S ection 18-57(l) in the city code. Eventual removal of the existing three accesses to
Minnewashta Parkway is a long-term benefit to the city as these properties would be able to have
access off an extension of Stratford Ridge.
Lastly, if the development was constructed without provision for a thru street, the decision would
burden the two properties to the south of the proposed development parcel with loss of additional
land unfairly as the entire cul-de-sac area would have to be shared by those two properties. A
thru street shares the right-of-way dedication between all of the parcels fairly and equally.
WATER RESOURCES
Grading/Drainage
The proposed development grading is similar to the predevelopment conditions. The western half
of the site drains primarily from the north to the south and the eastern half of the site drains from
Planning Commission
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October 2, 2018
Page 5 of 13
the northwest to the southeast. The lowest elevation is along the eastern side of the site.
Currently, existing runoff from the property is significantly intercepted and dispersed by thick
vegetation.
Erosion Prevention and Sediment Control
The proposed development will exceed one (1) acre of disturbance and will, therefore, be subject
to the General Permit Authorization to Discharge Stormwater Associated with Construction
Activity under the National Pollution Discharge Elimination/State Disposal System (NPDES
Construction Permit). The applicant shall prepare a Surface Water Pollution Prevention Plan
(SWPPP) and submit it to the city for approval prior to issuance of any grading permits or the
commencement of any earth disturbing activities. This SWPPP shall be consistent with the
NPDES Construction Permit and shall contain all required elements including:
1. Final excavation (or w/in 3 feet) for infiltration/filtration basins must not occur until drainage
area is fully stabilized.
2. Pretreatment devices for all infiltration/filtration basins.
3. Adequate, permanent, maintenance access.
4. Minimum of three feet of separation between the infiltration/filtration basin bottom and
seasonally high water table. Impermeable liner if less than three feet of separation.
5. Soils investigation information within the perimeter of each infiltration/filtration basin.
6. Plans for a stabilized discharge point for water quality volume that cannot infiltrate within 48
hours.
Stormwater Management
Background
• On August 7, 2018, the Planning Commission reviewed and tabled action on this
application. There were multiple issues that were of concern to staff. The applicant was
directed by the Planning Commission to address these issues and resubmit the plans for
review and approval.
• On August 22nd Engineering and Planning staff met with the applicant. Each of the items
in the August 7th Staff Report was discussed, including the applicable City Code and
staff’s recommendations for a treatment train or single pond in the SE corner. Staff also
reiterated the need for an HOA to meet maintenance requirements.
• On August 31st Staff received an updated submission from the applicant. The applicant
did not address the primary issues in the August 7th staff report, however, some of the
issues were addressed and sufficient supplementary information was provided. Staff
informed the applicant they were now able to determine conditions for approval.
Planning Commission
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October 2, 2018
Page 6 of 13
• On September 18, 2018 Staff was informed by Minnehaha Creek Watershed District
(MCWD) that they had still not received an application from the applicant. Staff had
informed the applicant of this requirement in the preliminary meeting, August 7th
Planning Commission Meeting, and August 22nd meeting. Staff sent an email to the
applicant reminding them of this requirement.
• On October 2nd, 2018 the Planning Commission supported and passed all water resource
related conditions for approval.
• On October 11, 2018 the applicant proposed five individual raingardens recorded
individually against each lot a “pond” on the SE corner of lot 5 to meet stormwater
standards for water quality and rate control. The applicant proposes, and staff agrees, that
a swale is necessary along the full rear of the yards to ensure stormwater runoff is
directed to the pond, and infiltration within the swale is only utilized if the pond cannot
meet standards alone. Staff recommends the applicant consider connecting the pond
outlet to the 12” RCP storm along Minnewashta Parkway, determine if the structure is
sized appropriately and provide any upgrades including sump manhole at tie in. The
proposed pond EOF should meet City Code. The applicant stated they will provide an
updated stormwater management plan. The proposed pond and swale address 2 of the
primary stormwater concerns. The HOA, easement, and conditions for approval will
address the remaining concerns.
This is not acceptable to the city as it does not meets code requirements for emergency overflow
routes, maintenance access, nor adequately provide for permanent operation, maintenance, and a
funding mechanism to ensure stormwater treatment devices are maintained to function as
designed in perpetuity. There have been significant issues in the city where operation and
maintenance requirements were recorded against a single property. Staff recommends an HOA
be required with a detailed funding mechanism as the responsible entity for permanent operation
and maintenance. Staff recommends an EOF only be approved at an elevation one foot below the
low floor opening of the adjacent property, and that the applicant work with staff and the
adjacent property owner to ensure the EOF route does not create a public nuisance. Potential
compliant options could include a treatment train, or single basin in the southeast corner of the
site. Staff also recommends permanent BMPs be designed and installed to connect to a future
regional pond south of the property without significantly altering the grading, drainage, installed
utilities, or removal/relocation of primary structures, accessory structures, and driveways.
This site lies within the boundaries of the Minnehaha Creek Watershed District and is subject to
their stormwater management requirements, development review and permitting. Chanhassen’s
MS4 permit was re-issued in 2014. Part III.D.5 states that each MS4 is required to develop local
controls that require new developments, in excess of one acre, to have no net-increase in
stormwater discharge volume nor any increase in TP and TSS from predevelopment conditions.
Under the new NPDES – Construction Permit, the new NPDES – Municipal Separate Storm
Sewer permit and the Minnehaha Creek Watershed District rules, the applicant must meet the
abstraction requirements of one inch of runoff from all new impervious surfaces.
Planning Commission
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October 2, 2018
Page 7 of 13
With all subdivisions, stormwater utility connection fees are collected. These fees are based
upon development type, area, and treatment. Fees are used to maintain storm sewer infrastructure
and to construct water quality improvement projects.
The applicant has stated they will provide complete stormwater calculations at the time of formal
submittal. Stormwater fees will be calculated once calculations have been received.
It is the policy of the City of Chanhassen to provide a credit for Water Quality fees equal to 50%
of the base rate times the area treated provided it, at a minimum, meets the National Urban
Runoff Program (NURP) recommendations.
SUBDIVISION
The applicant is proposing to subdivide 2.14 acres into five lots and one outlot. The lots are
proposed to be served via Glendale Drive.
The existing parcel has a finger that extends over Country Oaks Drive and the area west of the
existing street. The applicant is proposing to dedicate the ROW for country oaks. Staff suggests
the applicant communicate with the property owner adjoining Outlot A to incorporate it into their
lot.
LANDSCAPING AND TREE PRESERVATION
The applicant for the Glendale Drive Homes development did not submit tree canopy coverage
and preservation calculations. Staff estimated as follows:
Total upland area (excluding wetlands) 93,296 SF
Baseline canopy coverage 72% or 67,929 SF
Minimum canopy coverage required 46% or 42,916 SF
Proposed tree preservation 5% or 5,445 SF
The developer does not meet minimum canopy coverage for the site; therefore, the applicant
must bring the canopy coverage on site up to the 46% minimum. The difference between the
required coverage and the remaining coverage is multiplied by 1.2 for total area to be replaced.
Planning Commission
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October 2, 2018
Page 8 of 13
One tree is valued at 1,089 SF.
Minimum required 42,916
Less canopy preserved 5,445
Minimum canopy coverage to be replaced 37,471 SF
Multiplied by 1.2 44,965
Divided by 1089 = Total number of trees to be planted: 41 trees
The applicant did not submit a landscape plan. The development is required to install a buffer
yard along Minnewashta Parkway.
Landscaping Item Required Proposed
Bufferyard B –
Minnewashta Parkway, 110’
2 Overstory trees
3 Understory trees
5 Shrubs
0 Overstory trees
0 Understory trees
0 Shrubs
In addition to the buffer yard and replacement plantings, a minimum of one tree is required to be
planted in each front yard.
COMPREHENSIVE PARK PLAN
The city’s comprehensive park plan calls for a
neighborhood park to be located within one-half
mile of every residence in the city. The proposed
Glendale Drive is wholly located within the
Roundhouse Park neighborhood park service area.
Roundhouse Park features the following amenities:
swimming beach, playground, swings, picnic shelter,
fishing pier, tennis court, four pickleball courts,
basketball court, skating rink, open play field, trails
and parking area.
COMPREHENSIVE TRAIL PLAN
The city’s comprehensive trail plan calls for public parks to be connected to neighborhoods
through a combination of sidewalks and trails. The proposed Glendale Drive is connected by
sidewalk to Roundhouse Park and the Minnewashta Parkway pedestrian trail. This existing trail
should be protected and maintained in an open condition throughout the subdivision
development and housing construction.
Roundhouse
Park
Planning Commission
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October 2, 2018
Page 9 of 13
COMPLIANCE TABLE
RSF Setbacks: Front: 30 feet, Side: 10 feet, Rear: 30 feet
VARIANCE
The variance is recommended by staff. City Code requires a 60-foot ROW. The surrounding
area and the ROW within Stratford Ridge is 50 feet wide. Approval of the variance will allow
the street to blend in with the surrounding neighborhood. This street will provide future access to
the property located south of the subject site. Ultimately, two existing access points to
Minnewashta Parkway will be eliminated. As a result of adding this connection, the lot lines
within this subdivision will shift.
RECOMMENDATION
Staff recommends that the Planning Commission adopt the following motion:
“The Chanhassen Planning Commission recommends approval of City Council approves the
preliminary plat to subdivide 2.14 acres into five lots and one outlot and a variance to allow a 50-
foot public right-of-way as shown in plans stamped Received August 29, 2018, subject to the
following conditions and adoption of the findings of fact and decision recommendation:
SUBDIVISION
Engineering:
1. Incorporate provision for a thru street into the site design. or an alternate concept
connecting to Glendale Drive through the subject property to provide access to the
property to the south.
2. Provide utility design to extend sanitary sewer and water main design as part of a thru
street.
Lot Area
(sq. ft.)
Lot
Width
Lot
Depth
25 %Maximum
Site Coverage
(sq. ft.)
Code (RSF) 15,000 90 125 3,750
Lot 1 18,646 123 150 4,661.5
Lot 2 16,950 113 150 4,237.5
Lot 3 16,950 113 150 4,237.5
Lot 4 15,729 138.16 131 3,932.25
Lot 5 15,030 156 112 3,757.5
Outlot A 1,731
Total 100,036
Planning Commission
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October 2, 2018
Page 10 of 13
3. Provide ROW over the entirety of the trail along the west side of Minnewashta Parkway.
(The site plan indicates the eastern property line will comply with Condition #3 but the
concern identified in Condition #4 in relation to the existing survey was not addressed.
Therefore, Condition #3 remains as previously indicated.)
4. The survey of existing conditions does not indicate ROW between Glendale Drive and to
the south for approximately 100 feet. (The survey does not correlate with Carver
County’s property information which indicates right-of-way for the road section is in
place but a portion of the bituminous trail on the west side of Minnewashta Parkway is
not within the ROW.)
5. No stationing is shown in the plan set.
6. The drainage and utility easements are shown only on the plat. They should also be
conveyed on the site plan. (D&U easements were added to the grading plan but not the
site and utility plan.)
7. Indicate surface water drainage flow arrows on the grading plan.
8. Provide existing and proposed elevations at the following locations: each lot corner, top
of curb or centerline of the street at each lot line extension, center of proposed driveway
at the curb or edge of the roadway.
9. Additional conditions will be identified after the developer has an opportunity to revise
the design based upon the current conditions that are considered to be major in nature as
they will require significant changes to the design.
Water Resources:
1. Private stormwater best management practices (BMPs) are not permitted in public
drainage and utility easements. Private BMPs shall be located outside of public drainage
and utility easements. An encroachment agreement will be required for the private swale
within all side yard drainage and utility easements.
2. Easements for private stormwater treatment devices must be recorded against the
properties using the city’s private stormwater easement template and approved by the
City Engineer.
3. A Homeowners Association (HOA) encompassing all lots is required to ensure the
technical expertise and a funding mechanism for the operation and maintenance of
stormwater treatment devices is ensured in perpetuity.
4. Operation and maintenance of private stormwater BMPs is required in perpetuity. An
operation and maintenance plan must be approved by the Water Resources Coordinator
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Glendale Drive Homes – Planning Case 2018-13
October 2, 2018
Page 11 of 13
and recorded against the properties that details the HOA’s permanent inspection,
maintenance, and funding mechanism that ensures stormwater BMPs will function as
designed.
5. To ensure stormwater treatment devices function as designed, the developer is
responsible for the operation, maintenance, and performance of all stormwater
improvements including vegetation, structures, soils, inspections, and erosion/sediment
control for the first five years after project completion. After the first five years,
responsibility shall transfer to the HOA. The developer is responsible for ensuring all
stormwater improvements are functioning as designed at the end of the first five years. If
stormwater improvements are not functioning as designed at the end of the first five
years, as determined by the City Engineer, than the developer shall remain responsible
for all operation and maintenance until devices are functioning as designed.
6. Infiltration/filtration basins must be located a minimum of 10’ from the building envelope
of any primary structure.
7. If an emergency overflow route is adjacent to the property the lowest building opening
must be a minimum of one foot above the emergency overflow (City Code Sec. 19-144).
Proposed EOF for lots 1-4 = 978.5’-978’. EOF route proposed onto adjacent property
6760 Minnewashta Parkway with lowest building opening approx. 976’ (window well).
All EOFs routing onto this adjacent property must be 1’ below the lowest floor opening.
Developer proposes a may provide a treatment train or single stormwater treatment
device EOF at elevation 972’ on Lot 5 that meets this requirement.
8. EOF routes shall not create a hazard or nuisance condition onto adjacent property (City
Code Sec. 7-78).
9. SWPPP contact must be identified.
10. Developer must provide an erosion and sediment control plan, and dewatering plan
approved by the Water Resources Coordinator.
11. Maximum impervious per lot is 25%.
12. All pervious surfaces require six inches of topsoil and 18 inches of decompaction.
Topsoil shall be tested and approved by the Water Resources Coordinator.
13. The developer shall provide an updated Hydrocad model and stormwater management
plan that is consistent with and supports the engineered plans and geotechnical report.
14. The geotechnical report identifies the presence of groundwater at 972 elevation on Lot 5
(SB-1). There must be three feet of separation between the bottom elevation of
Planning Commission
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October 2, 2018
Page 12 of 13
stormwater infiltration devices and the water table. Based on the geotechnical report, the
bottom elevation for an infiltration basin on Lot 5 can be no lower than elevation 975.
The proposed “pond” will need to be lined if less than 3’ of separation from seasonal high
water table.
15. The geotechnical report identifies moderately slow permeability of soils. Basins are
proposed with 12” ponding depth suitable for well draining soils. Basins Any infiltration
swales must be sized to allow no more than 6” of ponding depth and drawdown within
24-48 hours.
16. Soil borings and infiltration tests must be performed within the perimeter of all ponds and
infiltration device basin locations prior to final approval.
17. Design plans must be provided for all vegetated BMPs including contours, grading, inlet
and outlet structures, underdrains, filtration media/amended soils, location and quantities
of all species used. Ecotype must be native or approved native hybrid.
18. Details must be provided and approved for all stormwater treatment devices.
19. The proposed redevelopment requires Minnehaha Creek Watershed District (MCWD)
development review and permits.
20. It is the applicant’s responsibility to ensure and submit proof that permits are received
from all other agencies with jurisdiction over the project (i.e. Army Corps of Engineers,
DNR, MnDOT, Carver County, MCWD, Board of Water and Soil Resources, PCA, etc.)
prior to the City issuing permits.
21. Project must meet all stormwater requirements of the city and the MCWD.
22. Project will require stormwater management fees associated with city development
review and permitting process. Fees can be estimated but cannot be accurately calculated
until approvals have been received from the MCWD.
23. The site plan must identify the ability to install a future stormwater pipe that could
connect the development to a regional pond southeast of the development.
24. The development must use Chanhassen Standard Specifications and Detail Plates.
Parks:
1. In lieu of parkland dedication and/or trail construction, full park dedication fees shall be
collected at the rate in force at the time of final plat approval. At today’s rate, these fees
would total $29,000 (five lots x $5,800 per lot).
Planning Commission
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October 2, 2018
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Environmental Resources Coordinator:
1. The minimum number of overstory trees required to be planted in the development is 41.
2. Tree preservation fencing shall be installed around existing trees to be saved prior to any
construction activities and remain installed until completion.
3. The applicant shall install the required buffer yard plantings on Lot 5 along Minnewashta
Parkway.
ATTACHMENTS
1. Findings of Fact.
2. Development Review Application and Narrative.
3. E-mail from Perry Ryan dated August 29, 2018.
4. Preliminary Plat Sheets stamped Received August 29, 2018.
5. Stormwater Maintenance Agreement.
6. E-mail from Jeff Kertson dated September 26, 2018
7. Public Hearing Notice and Affidavit of Mailing List.
g:\plan\2018 planning cases\18-13 glendale drive homes subdivision\staff report october 2.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
IN RE:
Application of Lake West Development, LLC for Subdivision approval.
On October 2, 2018, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of Glendale Drive Homes for preliminary plat approval of
property into five lots and one outlot with a right-of-way variance. The Planning Commission
conducted a public hearing on the proposed subdivision 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 Single-Family Residential - RSF.
2. The property is guided in the Land Use Plan for Low Density Residential.
3. The legal description of the property is: See Attached Exhibit A
4. The Subdivision Ordinance directs the Planning Commission to consider seven possible
adverse affects of the proposed subdivision. The seven affects and our findings regarding
them are:
SUBDIVISION FINDINGS
a. The proposed subdivision is consistent with the zoning ordinance;
Finding: The subdivision meets all the requirements of the RSF, Residential Single-
Family District and the zoning ordinance if the conditions of approval are met.
b. The proposed subdivision is consistent with all applicable city, county and regional plans
including but not limited to the city's comprehensive plan;
Finding: The proposed subdivision is consistent with the comprehensive plan and
subdivision ordinance if the conditions of approval are met.
c. The physical characteristics of the site, including but not limited to topography, soils,
vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and stormwater
drainage are suitable for the proposed development;
Finding: The proposed site is suitable for development subject to the conditions specified
in this report.
d. The proposed subdivision makes adequate provision for water supply, storm drainage,
sewage disposal, streets, erosion control and all other improvements required by this
chapter;
Finding: The proposed subdivision will provide adequate urban infrastructure subject to
the conditions specified in this report.
e. The proposed subdivision will not cause environmental damage;
Finding: The proposed subdivision will not cause significant environmental damage
subject to conditions of approval. The proposed subdivision contains adequate open areas
to accommodate house pads.
f. The proposed subdivision will not conflict with easements of record; and
Finding: The proposed subdivision will not conflict with existing easements, but rather
will expand and provide all necessary easements.
g. The proposed subdivision is not premature. A subdivision is premature if any of the
following exists:
1) Lack of adequate stormwater drainage.
2) Lack of adequate roads.
3) Lack of adequate sanitary sewer systems.
4) Lack of adequate off-site public improvements or support systems.
Finding: The proposed subdivision will have access to public utilities and streets if the
specified conditions of approval are met.
VARIANCE FINDINGS
Sec. 18-22. Variances.
The City Council may grant a variance from the regulations contained in this chapter as part of
the plat approval process following a finding that all of the following conditions exist:
1) The hardship is not a mere inconvenience.
Finding: The hardship is not a mere inconvenience. The 50-foot Right-of-Way will allow
the street width to be consistent with streets in the surrounding area.
2) The hardship is caused by the particular physical surroundings, shape or topographical
conditions of the land;
Finding: The hardship is caused by the particular physical surroundings, shape and
topographical conditions of the land.
3) The conditions upon which the request is based are unique and not generally applicable to
other property.
Finding: The conditions upon which the request is based are unique to this site and not
generally applicable to other properties due to the fact that all streets in the immediate
surrounding area have a width of 50 feet.
4) The granting of the variance will not be substantially detrimental to the public welfare and is
in accord with the purpose and intent of this chapter, the zoning ordinance and
comprehensive plan.
Finding: The granting of a variance will not be substantially detrimental to the public
welfare and is in accord with the purpose and intent of this chapter, the zoning ordinance,
and comprehensive plan. The request, if granted, will allow the Right-of-Way to be
consistent with the surrounding area.
5. The planning report #2018-13 dated October 2, 2018 prepared by Sharmeen Al-Jaff, et al
is incorporated herein.
RECOMMENDATION
The Planning Commission recommends that the City Council approve the Preliminary
Plat.
ADOPTED by the Chanhassen Planning Commission this 2nd day of October 2018.
CHANHASSEN PLANNING COMMISSION
BY:__________________________________
Its Chairman
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division - 7700 Market Boulevard
Mailing Address - P.O. Box 147 , Chanhassen, MN 55317
Phone: (952)227-1300 / Fax: (952)227-'1110 *crTYorcrrAttHAssltt
Refer to the appropriate Application Checklist for required submittal information that must accompany this application)
Ztr
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Comprehensive Plan Amendment ...... $600
E Minor MUSA line for failing on-site sewers..... $100
Conditional Use Permit (CUP)
Single-Family Residence ........... .. $325
E lt others........ ........... $425
lnterim Use Permit (lUP)
ln conjunction with Single-Family Residence.. $325
E Alt others........ ........... $425
Rezoning (REZ)
Planned Unit Development (PUD).................. $750
E Minor Amendment to existing PUD................. $1 00
E rut others........ ........... $s00
Sign Plan Review....... . $150
Site Plan Review (SPR)
n Administrative......... ...$100
E Commercial/lndustrial Districts* ... $500
Plus $10 per 1,000 square feet of building area:
thousand square feet)
lnclude number of existlno employees:*
lnclude number of 4eq employees:
E Residential Districts ... $500
Plus $5 per dwelling unit (- units)
Subdivision (SUB)
E Create 3 lots or less ............ ..$300
E Create over 3 lots .......................$600 + $15 per lot(
5 lots)
tvtetes & Bounds (2lots) .$300
f] Consolidate Lots...... $150!
Lot Line Adjustment.............. $150
I Final P1at............. .......$700
lncludes $450 escrow for attorney costs)*
Additional escrow may be required for other applications
through the development contract.
Vacation of Easements/Right-of-way (VAC)........ $300
Additional recording fees may apply)
E Variance
Wettand Alteration Permit (WAP)
Single-Family Residence............................... $1 50
E ettothers........ ........ 5275
I Zoning Appeal ..........,..... $100
Zoning Ordinance Amendment (ZOA) $500
NOTE: When multiple applications are processed concurrently,
the appropriate fee shall be charged for each application.
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Property Owners' List within 500' lcity to generate after pre-application meeting)............._:... $3 per address
70 addresses)
Escrow for Recording Documents (check all that apply)......... . . $50 per document
n Conditional Use Permit E lnterim Use Permit ! Site Plan Agreement
E Vacation ! Variance f] Wetland Alteration Permit
Metes & Bounds Subdivision (3 docs.) ! Easements (- easements) ! Deeds
TOTAL FEE: u r./6b.uu
Description of Proposal: Subdivide existing 2.14 Acre lot into 5 Single Family Lots, One Outlot and Public ROW.
Property Address or Location:SW Corner ol Glendale Drive & Minnewashta Parkway
Parcel#:250051 200 Legal Description:
TotalAcreage:2.14 Wetlands Present? n Yes Z ruo
Lengthy, See Survey
Present Zoning: Single-Family Residential District (RSF)
present Land Use Designation. Residential Low Density *"0,"!{#ffiEffimem*n,
necueffifipfis,.:TEgry Residential District (RSF)
Residential Low Density
Existing Use of Property:Vacant Property
ECheck box if separate narrative is attached.
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Section 1: Application Tvoe (check all that
Section 2: Required lnformation
APPLICANT OTHER THAN PROPERTY OWNER: ln signing this application, l, as applicant, represent to have obtained
authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to
the right to object at the hearings on the application or during the appeal period. lf this application has not been signed by
the property owner, I have attached separate documentation of full legal capacity to file the application. This application
should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this
application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I
further understand that additionalfees may be charged for consulting fees, feasibility studies, etc. with an estimale prior to
any authorization to proceed with the study. I certify that the information and exhibits submitted are lrue and correcl.
Name:Lake West Development, LLC
Address:14525 Highway 7, Suite 265 (es2) 6s3-1359
Minnetonka, MN 55345
Contact:
Phone:
Perry Ryan
City/State/Zip:
Email:
Cell:
Fax:
9s2) 221-3700
952)653-2198
Date:5t11t18
PROPERW OWNER: ln signing this application, l, as property owner, have full legal capacity to, and hereby do,
authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those
conditions, subject only to the right to object at the hearings or during the appeal periods. I will keep myself informed of
the deadlines for submission of material and the progress of this application. I further understand that additional fees may
be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the
study. I certify that the information and exhibits submitted are true and correct.
Contact:
Phone:
city/state/Zip: Kr Uct*.,t0, P4 79OgV cell:
Fax:
Sisnature: 56e *Tfncpta flttr' - I Dare:
RyanEngineeringName:
19655 Waterford Pl
Contact:
Phone:
Perry Ryan
952)'221-3700Address:
City/State/Zip:
Email:
Excelsior, MN 55331 Cell:
Fax:
952) 221-3700
perry@ryanen gineers.com
This application must be completed in full and must be accompanied by all information and plans required by
applicable City Ordinance provisions. Before filing this application, refer to the appropriate Application Checklist
and confer with the Planning Department to determine the specific ordinance and applicable procedural
requirements and fees.
A determination of completeness of the application shall be made within 15 business days of application submittal. A
written notice of application deficiencies shall be mailed to the applicant within 15 business days of application.
PROJECT ENGINEER (if applicable)
Who should receive copies of staff reports?*Other Contact !nformation:
Via: E Email
Via: E Email
Via: ! Email
Via: E Emailtratrtr
Property Owner
Applicant
Engineer
Other*
E naaileo Paper Copy
n uaiteo Paper Copy
uaieA Paper Copy
n uaiteo Paper Copy
City/State/Zip:
Email:
Name:
Address:
INSTRUCTIONS TO APPLICANT: Complete all necessary form fields, then select SAVE FORM to save a copy to your
device. PRINT FORM and deliver to city along with required documents and payment. SUBMIT FORM to send a digital
copy to the city for processing.
PRINT FORM SUBMIT FORM
Section 3:Owner and lnformation
Signature:
Address:
Section 4: Notification ! nformation
SAVE FORM
uvuuurvr r Lr rYsrwlrE t9. t tL r , _vvrJv^v r var 9
LnltEUJEET
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AGENT AUTHORIZATION FORM
PROPERTY LEGAL DESCRI PTION
PARCET lD: 250051200
STREET ADDRESS: Address Unassisned, Glendale Drive, Chanhassen, MN 55331
PROPERTY 0WNER: MARTIN J & JOYCE FOY
The undersigned registered property owner ofthe above noted property do hereby authorize
Curt Fretham ol Loke West Development, LLC
to act on my behalf and take all actions necessary for the submission, processing, issuance and
acceptance of this application, permit or certification and any or all standard and special
conditions attached. They shall be the principle contact in the processing of this application.
Sincerely,
DocuSigned byl DocuSigned by
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MartinJ&JoyceFoy
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Preliminary & Final Plat - Narrative
GLENDALE DRIVE HOMES
3800 Glendale Drive, Chanhassen, MN 55331
PID:250051200
June 29,2018
Overview
Lake West Development, LLC requests Preliminary & Final Plat approvals in order to re-
develop the property at the southwest corner of Glendale Drive and Minnewashta
Parkway in Chanhassen, MN. This submittal proposes subdividing the property into 5
single family lots with no variances.
k4
VP, Lake West Development, LLC
Office: 952-653-1359
cnvKSEroBAssErrr
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Lake West Development I r4525 Highway 7, Suite u 55, Minnetonka, MN 55345 | Phone 952-93o-3ooo
Preliminary & Final Plat - Narrative - GLENDALE DRIVE HOMES
A. Contact lnformation
Owner of Record
Applicant
MartinJ&JoyceFoy
PO Box 2804
Kirkland, WA 98083
Perry Ryan, VP
Lake West Development LLC,
14525 Highway 7, Suite 265 Minnetonka, MN 55345,
Phone 952-930-3000
B. Site Data
Address
Zoning
Parcel Size
PID
Description
SW Comer of Glendale Drive & Minnewashta Pku/y
Chanhassen. MN 55331
Residential Single Family
2.14 ac,es
93,236 sq. ft.
Lot 1 = 18,646 sq. ft.
Lot 2 = '16,950 sq. ft.
Lot 3 = 16,950 sq. ft.
Lot 4 = '15,729 sq. ft.
Lot 5 = 15,030 sq. ft
250051200
See Preliminary Plat, Carver County, Minnesota.
Abstract Property.
C. Land Characteristics
The property is relatively flat to slightly rolling with a slight slope to the West and East. There
are no structures on the site. The property is treed, however the Eees are in poor condition,
see letter from arborist.
Curently the property has public roadway on 3 sides of th€ parcel and has existing sanitiary
and water services stubbed to the property on the norlh sufllcient to serve the proposed
homes.
The proposal is to subdivide the existing 2.14 acfe parcel inlo 5 single family lots, one Outlot
and Right ol Way dedacation lor Country Oaks Drive and Glendale Drive. Currently, these two
right of way pieces are not dedicated and this project will resolve that issue.
The project does not seek any variances and is proposing a density of approximately 2.3
dwelling units per acIe.
Page 2 of 4
D. Description of tne P
Preliminary & Final Plat - Narralive - GLENDALE DRIVE HOMES
E, Tree Preservation
The parcel is treed however the trces are in general poor condition per the attacted letter from
Certified Arborist, Johnathon Heaton at Bartett Tree Experts. According to Mr. Heaton's
inspection of the trees, "Most of the trees on the site are undesirable species (boxelder and
ash) and have significant defects. ln my opinion, most of these lrees do not have a long life
ahead of them." "There are a few good trees on the lot including a nice red oak and some
blac'k walnuts, but the rest are not worth trying to preserve. They are not likely to have muc*t
life left and will be a potential hazard.' (See attached complete lefter).
Based upon Mr. Heaton's assessment, we have shown lhe complete tree tabulation of 89
f6es and 1,251 c€liper inches, and then also shown the liable" tsees of which there are 16
fees and 254.9 c€liper inch6s. A "viable" tree for this purpose is one defined as not having
one of the following conditions:
Cavities or wounds at the base or on the trunk
Signilicant strucfural defects in the crown such as cavities and poor branch unions
Signs of general decline sucfi as dieback al the branch tips
Of the viable trees on lhe site, we are proposing to preserve and save 205.9 caliper inches
which equates to 81%. Of these saved, ftey include the redoakand black walnuts Mr.
Heaton relers to.
F. StormwaterManagement
Per discussion wisl the City's Water Resources Coordinalor, we are proposing that each lot
v,/ould have an infiltration pond constructed at the low point of each lot lo meet the current
stormwater requirements.
G. Home Design
Proposed homes are planned to be one or two story homes with look-out or walk-out
basements to work with the natural topography of the property-
H. Ghost Plat to South
we were asked lo prepare a "Ghost Plaf for the two parcels to the south of the prolect by
staff. See graphic below.
As shown by the graphic, the two parcels to lhe soulh have a viable option to develop by
extending the cul-de-sac at Stratford Road.
Page 3 of 4
GHOST PLAT TO SOUTH
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Al-Jaff, Sharmeen
From:
Sent:
To:
Cc:
Subject:
Attachments:
Perry Ryan < Perry@lwestdev.com >
Wednesday, August 29, 2018 3:09 PM
Strong, Vanessa
Al-Jaff, Sharmeen; Bender, George; Curt Fretham
Glendale Drive Homes
08-31-2018 Preliminary Plans P-2.pdf; 08-31-2018 Preliminary Plans P-3.pdf; 08-31-2018
Preliminary Plans P-4.pdf; 08-31-2018 Preliminary Plans P-6.pdf; 08-31-2018 Preliminary
Plans EOF Exhibit.pdf; DRAFT - Glendale Stormwater Maintenance Agreement.pdf
Vanessa etal,
Attached, please flnd a partially revised planset. We have modified the following, generally in order of items 1-17 in the
staff report under Water Resources.
1. We have moved the infiltration basins outside of the D&U easements which area also now shown on the
Grading Plan
2. We have modified the Building Setback Line so that infiltration basins are 10'min from this line
3. We have reviewed Section 19-144 of the Code which states "lf an emergency overflow route is adjacent to the
property, the lowest building opening must be minimum one foot above the emergency overflow". When it
says "the property", it is referring to the property on which the emergency overflow and the building share; the
SAME property. Each property has its own emergency overflow. See attached Exhbiit showing the EOF on 6760
Minnewashta Parkway which displays that their low opening of 976 is more than one foot above that property's
EOF adjacent to that structure. As an example of how the code is practically used, we are attaching page 5 of 11
of the Fawn Hill Grading Plan submittal. As this shows, the EOF for Lot 6 is at 973 (house opening at 974.4) and
the adjacent downstream property has a low opening of 971.8. You will notice, however, that the downstream
EOF of the adjacent property is 970.0 which is below the adjacent property low opening.
4. We have reviewed Section 7-78 ofthe Code and have shown the EOF routes on the attached Exhiblt. Further as
the outlet from the infiltration basins travels, it will disburse naturally and will not create a hazard or nuisance
condition to adjacent property. As mentioned by staff at the PC meeting properties "are allowed to send
stormwater in the natural direction". We have strategically placed our infiltration basins at the natural low
point of each lot so that the discharge, below pre-developed conditions, is at the same location at which our site
discharged to the south property. Also as we have shown by the Hydrocad modeling, the discharge from our
project will be less than the pre-existing conditions for the storm events modeled.
5. We plan on placing the infiltration BMP'5 in recorded easements against the property. We will also submit an
O&M Plan as requested. Attached is a DRAFT of the Stormwater Maintenance Agreement for the project which
discusses future homeowner responsibility. This document will be recorded against each lot in the
development. lf it is deemed upon further review from the City's Attorney and our Attorney that this agreement
needs to be with a Homeowner's Association (HOA), we will direct our attorney to work with the City Attorney
to incorporate as appropriate.
6. The designation of Lake Virginia has been corrected don the SWPPP.
7. SWPPP contact will be ldentified prior to the grading permit per our discussion.
8. The maximum impervious area allowed shown on the table on P-2 has been corrected.
9. We will definitely reconcile the lot areas to be consistent in our formal re-submittal.
10. Per our discussion last week, we propose to over-excavate the infiltration ponds and create a "dry-well" under
them consisting of 1.5" to 3" rock fill surrounded by filter fabric with sufficient volume to retain the water
required for the 24-48 hour draw down. We will modify the pond sizing and provide detail on the formal
submittal.
11. Per our discussion, we have added a line on the Site & Utllity Plan showing future storm pipe to regional pond.
12. lnfiltration tests will be a condition of final approval.
13. Vegetation plans of BMP's will be provided on finalconstruction plans.
14. MCWD requirements will be met as a condition of final approval.
15. We acknowledge proof of permits are required as a condition of final approval.
16. We acknowledBe meeting requirements of MCWD.
17. We acknowledge there may be stormwater management fees associated with the development.
We have dated the revised plans 8-31-18 in hopes that we will receive your review and acceptance of the solutions put
forthandwewill incorporate the items through the entire planset and resubmit this on Friday. Ourgoal istohitthat
submittal date to stay on track for the PC meeting on LO/z and CC meeting on 70/22 per lhe schedule supplied.
Please let me know if it would be beneficial for me to stop in your office to discuss.
Thanks !
Perry
lnrr tilEST
0uvttoputttt, ttc
Perry Ryan, PE
Vice President - Land Development
o 952.653.1359 C 952-22L-3700
perrv@lwestdev.com
www.lakewestdevelopment.com
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STORNTWATER MAINTENANCE AGREEMENT
THIS AGREEMENT (the "Agreement") is made and entered into as of the _ day of
2017, by and between the City of Chanhassen, a Minnesota municipal corporation
the "City'') and Lake West Development, LLC, a Minnesota limited partnership (collectively, the
Developer").
WITNESSETH:
WHEREAS, the Developer is the fee owner of certain real property located in Carver
County, Minnesota, legally described on Exhibit A attached hereto (the "Property"); and
WHEREAS, the Developer has dedicated to the City drainage and utility easements over
portions of the Property (the "Easement Areas") where a stormwaterpond will be constructed; and
WHEREAS, by entering into this Agreement, the Developer has agreed to construct and
maintain certain stormwater facilities, including the infiltration basins (the "Stormwater
Improvements") for the benefit of the Property. The Stormwater Improvements include infiltration
baiins and any accompanying structures that are to be constructed by the Developer as set forth in
the plans approved by the City and attached as Exhibit B; and
WHEREAS, the City requires permanent provisions for handling of storm runoff,
including terms and conditions for operation and maintenance of all Stormwater Improvements,
and requires such provisions to be set forth in an agreement to be recorded against the Property;
and
WHEREAS, the City and the Developer intend to comply with certain conditions,
including entering into an agreement regarding the Stormwater Improvements.
NOW, THEREFORE, in consideration of mutual covenants of the parties set forth herein
and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the parties agree as follows:
l. Construction of the Stormwater Imorovements. The Developer shall construct the
Stormwater Improvements on the Property at the Developer's expense. The Stormwater
Improvements must be constructed in accordance with the plans that are attached to this Agreement
as Exhibit B.
2. Restriction on Use of Easement Area. The Developer and the subsequent owners
of each lot within GLENDALE DRTVE HOMES shall at all times protect the function of the
easement area as an infiltration basin. In furtherance of such protection, in no event shall the
Developer or the subsequent owner of any lot cause or allow any fill, additional planting, buildings,
improvements or foundations to be placed within the easement area, and in no event shall the
Developer or the subsequent owner of each lot cause or allow any change in the soil or
modification of grade, in each instance without the prior written consent of the City, which may
be denied or conditioned in the City's reasonable discretion.
3. Maintenance of the Stormwater Improvements. The Developer and the subsequent
owner of each lot within GLENDALE DRTVE HOMES, agrees to maintain the Stormwater
Improvements and observe all drainage laws goveming the operation and maintenance of the
Stormwater Improvements. The Developer and the subsequent owner of each lot shall make
periodic inspection and perform maintenance of the Stormwater Improvements as described in
Exhibit C attached hereto. The Developer and the subsequent owner of each lot shall make all
such scheduled inspections and maintenance, keep record of all inspections and maintenance
activities, and submit such records annually to the City. The cost of all inspections and
maintenance, including skimming and cleaning of the Stormwater Improvements, shall be the
obligation of the Developer and the subsequent owner of each lot within GLENDALE DR[VE
HOMES as shown on Exhibit A as the fee owners of the Property.
4. City's Maintenance Rights. The City may maintain the Stormwater Improvements,
as provided in this paragraph, if the City reasonably believes that the Developer or the subsequent
owner of the lots within GLENDALE DRIVE HOMES has failed to maintain the Stormwater
Improvements in accordance with applicable drainage laws, the terms of this Agreement or other
requirements and such failure continues for 30 days after the City gives the Developer or the
subsequent owner of the lots written notice of such failure or, if such tasks cannot be completed
within 30 days, after such time period as may be reasonably required to complete the required
tasks provided that Developer or the subsequent owner of the lots is making a good faith effort to
complete said task. The City's notice shall specifically state which maintenance tasks are to be
performed. If the Developer or the subsequent owner of the lots does not complete the
maintenance tasks within the required time period after such notice is given by the City, the City
shall have the right to enter upon the Easement Areas and such portions of the Property as may
reasonably be necessary to gain access to the Easement Areas to perform such maintenance tasks.
In such case, the City shall send an invoice of its reasonable maintenance costs to the Developer
or the subsequent owner of the lots upon which the Stormwater Improvement is located, which
shall include all reasonable staff time, engineering and legal and other reasonable costs and
expenses incurred by the City. If the Developer or the subsequent owner of the lots fails to
reimburse the City for its costs and expenses in maintaining the Stormwater Improvements within
30 days of receipt of an invoice for such costs, the City shall have the right to assess the full cost
2
thereof against the lots. The Developer, on behalf of itself and the subsequent owners of the lots,
acknowledges that the maintenance work performed by the City regarding the Stormwater
Improvements benefits the Property in an amount which exceeds the assessment and hereby waives
any right to hearing or notice and the right to appeal the assessments otherwise provided by
Minnesota Statutes, Chapter 429. Notwithstanding the foregoing, in the event of an emergency,
as determined by the City Engineer, the 30-day notice requirement to the Developer or the
subsequent owner ofthe lots for failure to perform maintenance tasks shall be and hereby is waived
in its entirety by the Developer and the subsequent owner of the lots, and the Developer or the
subsequent owner of the lots shall reimburse the City and be subject to assessment for any expense
so incurred by the City in the same manner as if written notice as described above has been given.
5. Hold Harmless. The Developer for itself and the subsequent owner of each lot
hereby agrees to indemnify and hold harmless the City and its officials, agents, contractors and
employees against any and all claims, demands, losses, damages, and expenses (including
reasonable attomeys' fees) arising out of or resulting from the Developer's, or the Developer's
agents', contractors or employees' negligent or intentional acts, or any violation of any safety law,
regulation or code in the performance of this Agreement, without regard to any inspection or
review made or not made by the City, its agents, contractors or employees or failure by the City,
its agents, contractors or employees to take any other prudent precautions, except to the extent of
intentional or grossly negligent acts of the City, its employees, agents, contractors and
representatives. In the event the City, upon the failure of the Developer or the subsequent owner
of the lots to comply with any conditions of this Agreement, performs said conditions pursuant to
its authority in this Agreement, the Developer or the subsequent owner of the lots shall indemnify
and hold harmless the City, its officials, employees, contractors, agents and representatives for its
own negligent acts in the performance of the Developer's or the subsequent owner of the lot's
required work under this Agreement, but this indemnification shall not extend to intentional or
grossly negligent acts of the City, its officials, employees, contractors, agents and representatives.
6. Costs of Enforcement. The Developer for itself and the subsequent owner of each
lot agrees to reimburse the City for all reasonable costs prudently incurred by the City in the
enforcement of this Agreement, or any portion thereof, including court costs and reasonable
attorneys' fees after providing written notice to Developer or the subsequent owner of the lot and
a reasonable opportunity to cure.
7. Rights Not Exclusive. No right of the City under this Agreement shall be deemed
to be exclusive and the City shall retain all rights and powers it may have under Minnesota Statutes
Sections 444.16 to 444.21 to acquire, construct, reconstruct, extend, maintain and otherwise
improve the Stormwater Improvements.
8. Notice. All notices required under this Agreement shall either be personally
delivered or be sent by United States certified or registered mail, postage prepaid, and addressed
as follows:
J
a)as to Developer:Lake West Devlopment, LLC
14525 Highway 7, Suite 265
Minnetonka, MN 55345
Attorney Name
Attorney Name
Attorney Address
Attorney Address
City of Chanhassen
with a copy to:
b)as to City:
Attn: City Manager
with a copy to: City Attomey Name
CityAttomeyName
City Attomey Address
City Attomey Address
or at such other address as either party may from time to time notify the other in writing in
accordance with this paragraph.
9. Successors and Assigns. All duties and obligations of Developer under this
Agreement shall also be duties and obligations of subsequent owners of each lot within
GLENDALE DRIVE HOMES. The terms and conditions of this Agreement shall run with the
Property.
10. Effective Date. This Agreement shall be binding and effective as of the date first
written above.
4
LAKE WEST DEYELOPMENT, LLC
Curt J. Fretham
Its: Chief Manager
By:
STATE OF MINNESOTA )
COUNTY OF
ss.
This instrument was acknowledged before me on 2017, by Curt J.
Fretham, Chief Manager, Lake West Development, LLC, aMinnesota limited liability company, on
behalf ofthe company.
Notary Public
CITY OF'CHANHASSEN
By:
Mayor
By:
City Clerk
STATE OF MINNESOTA )
ss.
cor.rNTY oF HENNEPIN )
Theforegoinginstrumentwasacknow1edgedbeforemethis-dayof-,2077,
by and the Mayor and the City Clerk, respectively, of the City
of Chanhassen, a Minnesota municipal corporation, on behalf of the municipal corporation.
Notary Public
5
This instrument drafted by:
Attorney Name
Attorney Nane
Attorney Address
Attorney Address
Attorney Phone Number
6
EXHIBIT A TO
STORMWATER MAINTENANCE AGREEMENT
Leeal Description of the Propertv
The property to which this Stormwater Maintenance Agreement applies is legally described
as follows:
Lots 1, 2,3,4, and 5, all in GLENDALE DRIVE HOMES, Hennepin County, Minnesota.
A-l
EXHIBIT B TO
STORMWATER MAINTENANCE AGREEMENT
Stormwater Improvements to be Constructed
B-l
EXHIBIT C TO
STORMWATER MAINTENANCE AGREEMENT
Inspection and Maintenance Schedule
Stormwater Basins:
Inspection and maintenance shall be made consistent with the most recent version of the Minnesota
Stormwater Manual or other subsequent manual as dictated by the City. At the time of execution
of this Agreement, the schedule can be found in the Operation and maintenance of Infiltration
basing section of the Minnesota Stormwater Manual as follows:
RedaQ pea graveutopsoll and top surfa(e lilter fabrlc (wtrn <lo$ed).
tnsure that contributing area, practlce.nd inles are clear ofdebris
Ensure that the cofltributing area is stabilized.
Remow sediment and oiU8rease from pre-treatment d€!/i(es. as sJtll a5 oftrllow structures'
Mow Brass filter strips should be moryed a5 necessary. Remove grass clippings.
Repair undercut and eroded areas at inf,o'v and outf,orv strudures
tnsped pre-treatment da/i(es and diversion stru(ures for sedimcnt bulld-up and structural darnaSe. Retnort rees $at start to gtorv in the
vldnity of the trmch.
Dis( or olherwise aerate br5in bottom. De-thatch basin bottom.
Irsape basin bottom and remo,/e sedlment. Restore original crosss€Gtlon and lnfiltadon rae. se.d or sod to re$ore Sround cotr.
per{orm total rehabilitation of the tren(h to maintain desi8n storaSe capa(ity. Bcavat€ Uench walls to expose clean soil
scml€mud
lnspecdon
Annu.lly
Brery sylars
updr Fallure
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Al-Jaff, Sharmeen
From:
Sent:
To:
Subiect:
Jeff Kertson <jeff.kertson@theberna rdg rou p.com >
Wednesday, September 26,2018 8:38 AM
AlJafl Sharmeen
Glendale Drive Homes
Sharmeen,
In regards to the Glendale Drive Homes development by Lake West Development LLC.
The concern of drainage from the development across the Boylan's property and on to our property to the south.
We feel the existing plan of the use of rain gardens to curb the drainage does not adequately address the volume
of water that will drain across the property's and end up on our property. Looking at the elevations we have the
lowest point, so everything from the proposed lots 1,2,3, and partially 4 will drain to our property. We feel
this will adversely affect the quality and value of our property.
The concern is a rain garden will not provide enough drainage retention / re - direction to compensate for the
increased runoff of developing those lots, In addition the emergency run off from the gardens would all end up
on our property. This is especially a concern at times of heavy rains, ( which we have had just recently), and in
the spring when the the snow is melting and there can be heavy wet storms from March through May.
If by developing they increase the elevatior/slope from what is already existing I believe they would have to be
granted easement by both property owners to the south.
We would like to encourage the planning commission to require a better proposed drainage system or plan
before approving anything going forward
Best Regards,
Jeff
Jeff and Teri Kertson
6810 Minnewashta Pkwy.
952) 470-0772, (h)
612) 590-2383, (c)
iandtkerts@q.com
Jeff Kertson I Wood Shop Lead
ieff . kertson @thebernardqrou p. com
952-658-7650 direct
18781 Lake Drive East I Chanhassen, MN 55317
thebernardqroup.com
@ *:.:::,r,:1,f,r::o
NOTICE: The information contained in this email is legally privileged and
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distribution, transmittal or re-transmittal of information contained in this
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sender and delete all copies.
CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE
STATE OF MINNESOTA)
ss.
COUNTY OF CARVER )
I, Kim T. Meuwissen, being first duly sworn, on oath deposes that she is and was on
August 7,2018,the duly qualified and acting Deputy Clerk of the City of Chanhassen,
Minnesota; that on said date she caused to be mailed a copy of the attached notice of hearing is
to consider Preliminary Plat with variances for a subdivision of property located at the
southwest corner of Glendale Drive and Minnewashta Parkway to create 5 single family
lots and zoned Single Family Residential (RSF) Applicant: Perry Ryan, Owner: Martin &
Joyce Foy to the persons named on attached Exhibit "A", by enclosing a copy of said notice in
an envelope addressed to such owner, and depositing the envelopes addressed to all such owners
in the United States mail with postage fully prepaid thereon; that the names and addresses of
such owners were those appearing as such by the records of the County Treasurer, Carver
County, Minnesota, and by other appropriate records.
Subscribed and sworn to before me
this -'1 dav of A,v*te4_ ,2018.
Notary Public
Notice of Public Hearing
Chanhassen Planning Commission Meeting
Notice of Public Hearing
Chanhassen Planning Commission Meeting
Date & Time:
Tuesday, August 7 , 2018 at 7:00 p.m. This hearing mav not start
until later in the eveninq, depending on the order ollhq?gelOg-
Location:City Hall Council Chambers, 7700 Market Bld
Proposal:Request for Preliminary Plat with variances for a subdivision
Applicant:Perrv Rvan
Property
Location:
southwest comer of Glendale Drive and Minnewashta Parkway
A location map is on the reverse side of this notice.
What Happens
at the Meeting:
The purpose of this public hearing is to inform you about the
applicant's request and to obtain input from the neighborhood
about this project. During the meeting, the Chair will lead the
public hearing through the following steps:
1. Staff will give an overview of the proposed project.
2. The applicant will present plans on the project.
3. Comments are received from the public.
4. Public hearing is closed and the Commission discusses
the proiect.
Questions &
Comments:
lf you want to see the plans before the meeting, please visit
the city's projects web page at:
www.ci.chanhassen.mn.us/2018-13. lf you wish to talk to
someone about this project, please contact Sharmeen Al-Jaff
by email at saliaff@ci.chanhassen.mn.us or by phone at 952-
227-1134. lf you choose to submit written comments, it is
helpful to have one copy to the department in advance of the
meeting. Staff will provide copies to the Commission. The
staff report for this item will be available online on the
proiect web site listed above the Thursday prior to the
Planninq Gommission meeting.
Sgn up to receive email and/or text notifications when meeting agendas,
packets, minutes and videos are uploaded to the city's website. Go to
www.ci.chanhassen.mn.us/notifyme to sign up!
City Review Procedure:
Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and lnterim Uses, Wetland Alterations, Rezonings,
Comprehensive plan Amendments and Code Amendments require a public heaing before the Planning Commission. City
ordinancesrequireallpropertywithin5OOfeetofthesubjectsitetobenotiliedoftheapplicationinwriting. Anyinterestedpartyis
invited to attend the meeting.
Staff prepares a report on the sub.iect application that includes all pertinent information and a recommendation These reports are
available by request. At the Pan;ing Commission meeting, staffwill give a verbal overuiew ofthe report and a recommendation.
in" it", *itt be opened for the publi; to speak about the proposal as a part of the healng prcce_ss. The Commission will close the
public hearing and discuss the iiem and make a recommendation to the City Council. The City Council may reve6e, affirm or modify
wholly or partly the Planning Commission's recommendation. Rezonings, Iand use and code amendments take a simple majority
vote 6t tni City Council exc;pt rezonings and land use amendments from residential to commerciaUindustrial.
MinnesotaStateStatute5lg.ggrequiresallapplicationstobeprocessedwithin60daysunlesstheapplicantwaivesthisstandard.
Some applications due to their complexity may take several months to complete. Any percon wishing to follow an ilem through the
processshould check with the P!anning Department regarding its status and scheduling for the City Council meeting
i neighborhood spokesperson/representative is encouraged to provide a contact for the city. Oflen developers are encouraged to
meet;ith the neighborhmd rega;ding their proposal. Staff is also available to review the pOect with any interested person(s).
Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence
regarding the applicdiion witl be included in the report to the City Council. lf you wish to have something to be included in the report,
olease contact the Planninq Staff De6on named on the notitication
Date & Time:
Tuesday, August 7, 2018 at 7:00 p.m. This hearing mav not start
until later in the evening, depending on the order of the agen6
Location:Citv Hall Council Chambers, 7700 Market Blvd.
Proposal:Reouest for Preliminary Plat with variances for a subdivig'1qn
Applicant:Perrv Ryan
Property
Location:
southwest comer of Glendale Drive and Minnewashta Parkway
A location map is on the reverse side of this notice.
What Happens
at the Meeting:
The purpose of this public hearing is to inform you about the
applicant's request and to obtain input from the neighborhood
about this project. During the meeting, the Chair will lead the
public hearing through the following steps:
1. Staff will give an overview of the proposed project.
2. The applicant will present plans on the project.
3. Comments are received from the public.
4. Public hearing is closed and the Commission discusses
the proiect.
Questions &
Comments:
lf you want to see the plans before the meeting, please visit
the city's projects web page at:
www.ci.chanhassen.mn.us/2018-13. lf you wish to talk to
someone about this project, please contact Sharmeen Al-Jaff
by email at saliaff@ci.chanhassen.mn.us or by phone at 952-
227-1134. lf you choose to submit written comments, it is
helpful to have one copy to the department in advance of the
meeting. Staff will provide copies to the Commission. The
staff report for this item wil! be available online on the
project web site listed above the Thursday prior to the
Planninq Commission meeting.
Sign up to receive email and/or text notifications when meeting agendas,
packets, minutes and videos are uploaded to the city's website. Go to
www.ci.chanhassen. m n.us/notifyme to sign u p!
City Review Procedure:
Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and lnlerim Uses, Wetland Alterations, Rezonings,
Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City
ordinancesrequireallprope(ywithin5OOfeetofthesubjectsitetobenotifiedoftheapplicationinwriting. Anyinterestedpartyis
invited to attend the meeting.
Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are
available by requeit. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation.
The item will be opened for the publii to speak about the proposal as a part of the hearing process. The Commission will close the
public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify
wholly or pariiy the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority
vote ot tne City Council except rezonings and land use amendments from residential to commercial/industrial.
MinnesotaStatestatute5lg.ggrequiresallapplicationstobeprocessedwithin60daysunlesstheapplicantwaivesthisstandard.
Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the
process should check with the Planning Department regarding its status and scheduling for the City Council meeting.
A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to
meet-withtheneignborhoodrega;dingtheirproposal. Staffisalsoavailabletoreviewtheprojectwithanyinterestedperson(s)
Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence
regarding the applicaiion will be included in the report to the City Council. lf you wish to have something to be included in the report,
nlease conlacl lhe Plannino Staff Derson named on the notiflcation.
TAX-NAME TAX ADD L1 TAX ADD L2 TAX-ADD_13
ALDRITT LIVING TRUST 3946 CRESTVIEW DR EXCELSIOR MN 5s331-9757
BRIAN DOUGLAS LUND II 3980 STRATFORD RDG EXCELSIOR MN 55331-9604
CHARLES & MARY COLLEEN WEBER 3911 GLENDALE DR EXCELSIOR MN ss331-9763
CHRISTOPHER EVERS 6630 MINNEWASHTA PKWY EXCELSIOR MN 55331-9656
CLAY T & JULIE MARIE RICE 4OOO COUNTRY OAKS DR EXCELSIOR MN 55331-7710
CRAIG LOREN ANDERSON 3830 LESLEE CURV EXCELSIOR MN 5s331-9630
DANA LJOHNSON 66Tl MINNEWASHTA PKWY EXCELSIOR MN 5533L-9657
DANIELR&SHELLYLKRUSE 3971 COUNTRY OAKS DR EXCELSIOR MN 55331-7706
DAVIDL&DIANEELIESER 3881 STRATFORD RDG EXCELSIOR MN 5533L-9603
DAVID M FROEHLING 3840 LESLEE CURV EXCELSIOR MN 55331-9630
DAVID ROBERTSON 39OO STRATFORD RDG EXCELSIOR MN 55331-9604
DOUGLAS DALE REICHERT 3901 STRATFORD RDG EXCELSIOR MN 55331-9605
DUSTIND&SANDRAAQUAM 3920 CRESTVIEW DR EXCELSIOR MN 55331-9757
ERICC&TINALWEEK 3920 STRATFORD RDG EXCELSIOR MN 55331-9604
HAROLDJ&ELAINETAYLOR 3861 STRATFORD RDG EXCELSIOR MN 55331-9603
HOLLY MARIE KRUEGER 3820 MAPLE CIR EXCELSIOR MN 5533L-9642
INGRID SERCK-HANSSEN 3990 COUNTRY OAKS DR EXCELSIOR MN 5s331-7705
IVANP&SUSANMSTREIF 3940 STRATFORD RDG EXCELSIOR MN 55331-9604
JAMES&RUTHABOYLAN 6760 MINNEWASHTA PKWY EXCELSIOR MN 55331_-96s8
JAMESA&JEANWAY 664l MINNEWASHTA PKWY EXCELSIOR MN 55331-9657
JAMES A & JUDITH A SCHMIDT 3970 COUNTRY OAKS DR EXCELSIOR MN 55331-7705
JEFFREY W & TERESA P KERTSON 6810 MINNEWASHTA PKWY EXCELSIOR MN 55331-9660
JEROME H & ALICE R JOHNSON 3940 GLENDALE DR EXCELSIOR MN 55331-9762
JERRY L & KRISTIN L KORTGARD 3901 GLENDALE DR EXCELSIOR MN 55331-9763
JOHNN&LINDARBRAND 3981 COUNTRY OAKS DR EXCELSIOR MN 55331-7706
JON P WITT 3850 LESLEE CURV EXCELSIOR MN 55331-9630
KELSEY J QUIRING 3950 COUNTRY OAKS DR EXCELSIOR MN 55331-7705
KEVIN J ZAHLER 665l MINNEWASHTA PKWY EXCELSIOR MN 55331-9557
KEVIN P MCGINTY 6640 MINNEWASHTA PKWY EXCELSIOR MN 55331-9656
KRISTEN M FIREHAMMER 3840 MAPLE CIR EXCELSIOR MN 55331-9642
KRISTOPHER D & DAWN M KNOX 3801. LESLEE CURV EXCELSIOR MN 55331-9631
LEE ANDERSON 601.1 HILLDALE DR HARTFORD wr53027-9541
LYNND&NANCYKSIMPSON 3980 COUNTRY OAKS DR EXCELSIOR MN 55331-7705
MARGARET ELLEN YOUNG
MARTINJ&JOYCEFOY
MATTHEW MCDONALD
laa:o vaelr crn
PO BOX 2804
soo couruTRY oAKS DR
lrxcrsron
KIRKLAND
lrxcrsron
MN 55331-9642
wA 98083-2804
MN 55331-7705
MATTHEWR&AMYLBURTON 6228 CASCADE PASS CHANHASSEN MN 55317-9476
MICHAEL R RYAN 3850 MAPLE CIR EXCELSIOR MN 55331-9642
MICHELLE HANSON KRAFVE 3810 LESLEE CURV EXCELSIOR MN 55331-9630
MI N N EWASHTA CEM ETERY TRUSTEES 38OO RED CEDAR POINTE EXCELSIOR MN 55331-7765
NATALIE JOHNSON 3940 COUNTRY OAKS DR EXCELSIOR MN 55331-770s
NICHOLAS S & REBECCA FOLWICK 3920 GLENDALE DR EXCELSIOR MN ss331-9762
PAUL J LIDSTONE 3991 COUNTRY OAKS DR EXCELSIOR MN 55331-7706
PAUL M CARLSON 79OO QUAMOCLIT VICTORIA MN 55386-
RANDY J & LORNA HILL CUNLIFFE 3921 GLENDALE DR EXCELSIOR MN s5331-9763
RICHARD DORSEY 3931 COUNTRY OAKS DR EXCELSIOR MN 55331-7706
RICHARD E & ELIZABETH BELLERT 6641 MAPLE RD EXCELSIOR MN 55331-9649
ROBERT & LORI FREEMAN 401.0 COUNTRY OAKS DR EXCELSIOR MN 55331-7710
ROBERTJAMES HAGER 3931 GLENDALE DR EXCELSIOR MN 55331-9763
ROBERT M & PATRICIA A JOSEPH 6T0l MINNEWASHTA PKWY EXCELSIOR MN 55331-9659
ROBIN THOMPSON RUSH 3810 MAPLE CIR EXCELSIOR MN 55331-9642
ROGER NITZ 3821 GLENDALE DR EXCELSIOR MN 55331-7735
RONALD T LAMPRECHT 3921 STRATFORD RDG EXCELSIOR MN 55331-9605
RUSSELLD&DIANAWJONES 3961 COUNTRY OAKS DR EXCELSIOR MN 55331-7705
SHERRY HAGA 310 8TH ST S APT 310 FARGO ND 58103-
STEPHAN I E M ILLER STATHOPOU LOS 3930 GLENDALE DR EXCELSIOR MN 5s331-9762
STEVEN & JAMIE KNIGGE 3910 GLENDALE DR EXCELSIOR MN 55331-9762
STEVEN A & KELLY C STATTMAN 3811 GLENDALE DR EXCELSIOR MN 55331-7735
STEVEN J ARNDT 3960 STRATFORD RDG EXCELSIOR MN 55331-9604
STRATFORD RIDGE HOMEOWNERS ASN 3961 STRATFORD RDG EXCELSIOR MN 55331-9605
THE CECKO FAMILY REV LIV TRUST 3910 CRESTVIEW DR EXCELSIOR MN s5331-9757
THOMAS R & KAREN J ERDMANN 39OO CRESTVIEW DR EXCELSIOR MN 55331-9757
TRENT BIRKHOLZ 3851 STRATFORD RDG EXCELSIOR MN 55331-9603
ULRIKE K TAYLOR 3951. COUNTRY OAKS DR EXCELSIOR MN 55331-7706
WARREN C MACFARLANE III 38OO LESLEE CURV EXCELSIOR MN 55331-9630
CITY COUNCIL STAFF REPORT
Monday, October 22, 2018
Subject Resolution 201852: Consider Modifying Stipulation Agreement for the Mustard Seed (Halla
Nursery, Inc.)
Section NEW BUSINESS Item No: H.2.
Prepared By MacKenzie Walters, Assistant Planner File No:
PROPOSED MOTION
“The City Council approves the resolution authorizing an additional use and additional retail sales for the Mustard
Seed (Halla Nursery, Inc.).”
Approval requires a Simple Majority Vote of members present.
SUMMARY
Mr. Halla is requesting that the City Council amend and update the 1997 stipulation agreement that governs the use of
the subject property. The request is to add additional items to Exhibit “B” Permitted Products of the stipulation
agreement. These items are accessories, food/drinks/snacks, handicrafts, food trucks, personal care products, and
gifts and decorations.
BACKGROUND
The use of the property is governed by a 1997 court stipulation agreement that is binding to both parties. The
stipulation explicitly lists what buildings are allowed on the property, what the different areas of the property may be
used for, and products may be sold and where they may be sold. It also specifies that the property is subject to the
requirements of the city’s zoning ordinance, except for as detailed in the stipulation agreement.
The stipulation agreement allows for uses not listed in the stipulation agreement to be added, if approved by the City
Council. The agreement requires the prior written approval of the city for the expansion or relocation of buildings and
outdoor areas where sales are permitted. Finally, the agreement requires the prior written consent of the city in order
to add items to the list of permitted products.
The full text of the stipulation agreement is provided as an attachment.
DISCUSSION
Staff feels that food/drinks/snacks is a very broad category that could be understood to significantly expand the
property's retail activities beyond what is permitted in the stipulation agreement. Staff instead proposes adding pre
packaged snacks and nonalcoholic beverages which would limit food sales to small incidental items prepared offsite.
CITY COUNCIL STAFF REPORTMonday, October 22, 2018SubjectResolution 201852: Consider Modifying Stipulation Agreement for the Mustard Seed (HallaNursery, Inc.)Section NEW BUSINESS Item No: H.2.Prepared By MacKenzie Walters, Assistant Planner File No: PROPOSED MOTION“The City Council approves the resolution authorizing an additional use and additional retail sales for the MustardSeed (Halla Nursery, Inc.).”Approval requires a Simple Majority Vote of members present.SUMMARYMr. Halla is requesting that the City Council amend and update the 1997 stipulation agreement that governs the use ofthe subject property. The request is to add additional items to Exhibit “B” Permitted Products of the stipulationagreement. These items are accessories, food/drinks/snacks, handicrafts, food trucks, personal care products, andgifts and decorations.BACKGROUNDThe use of the property is governed by a 1997 court stipulation agreement that is binding to both parties. Thestipulation explicitly lists what buildings are allowed on the property, what the different areas of the property may beused for, and products may be sold and where they may be sold. It also specifies that the property is subject to therequirements of the city’s zoning ordinance, except for as detailed in the stipulation agreement.The stipulation agreement allows for uses not listed in the stipulation agreement to be added, if approved by the CityCouncil. The agreement requires the prior written approval of the city for the expansion or relocation of buildings andoutdoor areas where sales are permitted. Finally, the agreement requires the prior written consent of the city in orderto add items to the list of permitted products.The full text of the stipulation agreement is provided as an attachment.DISCUSSIONStaff feels that food/drinks/snacks is a very broad category that could be understood to significantly expand theproperty's retail activities beyond what is permitted in the stipulation agreement. Staff instead proposes adding pre
packaged snacks and nonalcoholic beverages which would limit food sales to small incidental items prepared offsite.
Regarding food trucks, the stipulation agreement does not allow events to be held on the property. Temporary outdoor
sales and events are not a permitted use within the city’s Agricultural Estate (A2) District, nor does the zoning or
stipulation agreement permit the use of the property as an event center. The stipulation agreement also limits permitted
uses of area “R,” the area that is most conducive to outdoor sales/events, to the “storage, growing and outdoor display
of plant materials, or temporary storage of supplies on pallets or wheels, excluding trailers longer than 16 feet.” Finally,
Section 7.A prohibits the use of area “P,” parking, for anything other than parking.
Staff is not opposed to Mr. Halla using food trucks and outdoor events to promote and enhance his business;
however, staff feels it is important to insure that all businesses receive equal treatment. It has been city policy to
consider businesses hosting food trucks as a way of promoting their business and drawing in additional customers to
constitute an outdoor sale/event.
Staff proposes adding “Food trucks for temporary outdoor sales and events, subject to the requirements of the City
Code and receipt of a temporary event permits from the city ” to the list of permitted uses contained in the first section of
the stipulation agreement. This approach would ensure that the property’s outdoor events are subject to the same
standards as every other business in the city.
For a full analysis, please see the attached staff report.
RECOMMENDATION
Staff recommends that the City Council approve the attached resolution authorizing an additional use and additional
retail sales for the property.
ATTACHMENTS:
Staff Report
Stipulation Agreement
Agricultural Estate District (A2)
Mustard Seed Annual Events Described 6518
Resolution
MEMORANDUM
TO: Todd Gerhardt, City Manager
FROM: MacKenzie Walters, Assistant Planner
DATE: October 22, 2018
SUBJ: Additional Use and Additional Retail Sales for Halla Nursery, Inc.
PROPOSED MOTION:
“The Chanhassen City Council approves the resolution authorizing an additional use and
additional retail sales for Halla Nursery, Inc.”
PROPOSAL
Mr. Halla is requesting that the City Council amend and update the 1997 stipulation agreement
that governs the use of the subject property. The request is to add additional items to Exhibit “B”
- Permitted Products of the stipulation agreement.
The existing list of permitted products is presented below in black text with Mr. Halla’s proposed
additions listed in red. For new items, staff has included proposed location restrictions in black
text that reflect the restrictions placed on similar items in the existing list of permitted products.
Exhibit “B”- Permitted Products
Products for the installation, sales, care, maintenance and ornamentation of plants, lawns,
animals and other landscape features (1, 2, 3, 4).
Fertilizers (1, 2) Patio Products (1, 2)
Herbicides (1) Ornamental Items (1, 2)
Fungicides (1) Water Products (1, 2)
Bird Supplies (1) Bulk Soils (2)
Bird Feeders (1, 4) Bagged Mulches (1, 2)
Bird Houses (1, 4) Bulk Mulches (2)
Bird Baths (1, 2, 4) Bagged Soil (1, 2)
Weed Barrier Fabric and Pins (1,2) Site Furniture (1, 2)
Power and Hand Tools (1) Consultations (1, 2, 3)
Seeds (1) Gauges (1)
Spreaders (1) Twine (1)
Watering Equipment (1,2) Poly (1)
Todd Gerhardt
Mustard Seed (Halla Nursery):
Additional Use and Retail Sales
October 22, 2018
Page 2
Informational Text (1) Cloth and Netting (1)
Ponds (1, 2, 3, 4) Plant Supports (1, 4)
Statuary (1, 2, 3, 4) Fountains (1, 2, 4)
Fencing (1, 2) Fish and Water Plans (1, 2, 4)
Trellises (1, 2, 3, 4) Straw/Marsh Hay (2)
Gazebos (1, 2, 3) Labels (1)
Lighting (1, 3) Birds (1, 2)
Christmas Trees and Accessories (1, 2, 4) Landscape Designs (2, 3)
Bulbs (1) Labor (2, 3)
Clothing and Accessories (1, 2, 4) Maintenance (2, 3)
Pesticides (1) Snow Plowing (2, 3)
Chimes (1, 2, 4) Installations (2, 3)
Pottery (1, 2, 4) Construction (2, 3)
Animal Repellents (1) Reconstruction (2, 3)
Sod (2) Removal (2, 3)
Wood Ties (2) Delivery (1, 2, 3)
Tool and Equipment Rental (1, 2, 3) Boulders (2)
Soil Amendments (1, 2, 3) Sand (2)
Tree, Shrub & Plant Materials (1, 2, 3, 4) Edging (1, 2)
Insurance/Damage Evaluations (1,3) Structures (1, 2)
Gift Certificates (1, 3) Outdoor Living Accessories (1, 2, 3, 4)
Game/Farm Animals and Supplies (1, 2, 4) Playground Equipment (1, 2)
Retaining Wall Products (2) Drain Tile and Accessories (1, 2)
Food/Drinks/Snacks (1, 2, 4) Personal Care Products (1, 2, 4)
Handicrafts (1, 2, 4) Gifts and Decorations (1, 2, 4)
Food Trucks (2)*
Miscellaneous items, plants or materials for the aesthetic, practical, improvement, or use of
indoor and outdoor living spaces (1, 2, 3, 4).
1) Indoor sales from the garden center.
2) Outdoor sales.
3) Indoor sales form the office.
4) Sales from the greenhouses identified as Buildings C & E on Exhibit A.
* The asterisk on food trucks would then correspond to our annual events as per attached
(Mustard Seed Annual Events Described 6-5-18).
ANALYSIS
Issue 1: Stipulation Agreement (Brief)
Todd Gerhardt
Mustard Seed (Halla Nursery):
Additional Use and Retail Sales
October 22, 2018
Page 3
The use of the property is governed by a 1997 Court Stipulation agreement that is binding to
both parties. The stipulation agreement explicitly lists what buildings are allowed on the
property, what the different areas of the property may be used for, and what products may be
sold and where they may be sold. It also specifies that the property is subject to the requirements
of the city’s zoning ordinance, except for as detailed in the stipulation agreement.
The stipulation agreement allows for uses not listed in the stipulation agreement to be added, if
approved by the City Council. The agreement requires the prior written approval of the city for
the expansion or relocation of buildings and outdoor areas where sales are permitted. Finally, the
agreement requires the prior written consent of the city in order to add items to the list of
permitted products.
The full text of the stipulation agreement is provided as an attachment.
Issue 2: Proposed Additions to List of Permitted Products
Proposed Item Staff assessment
Food/Drinks/Snacks This very broad category could encompass anything from a
vending machine to on-site food preparation and sales. Staff
proposes instead adding “Pre-packaged snacks and non-
alcoholic beverages” to the list. This would permit the sale of
small incidental food items, sodas, and juices, and be in line with
what staff understands to be currently available on the property.
Handicrafts Staff has no concerns with this proposed addition, and feels it is
comparable to what is currently being sold on the property.
Clothing and Accessories Staff has no concerns with this proposed addition, and feels it is
comparable to what is currently being sold on the property.
Personal Care Products Staff has no concerns with this proposed addition, and feels it is
comparable to what is currently being sold on the property.
Gifts and Decorations Staff has no concerns with this proposed addition, and feels it is
comparable to what is currently being sold on the property.
Food Trucks Staff is concerned that adding food trucks to the list of permitted
products would not be consistent with how other businesses within
the city are treated. Staff instead proposes adding “Food trucks
for temporary outdoor sales and events, subject to the
requirements of City Code and receipt of a temporary event
permits from the city” to the list of permitted uses in section one
of the stipulation agreement. Staff’s rationale for this
recommendation will be addressed in the following section.
Todd Gerhardt
Mustard Seed (Halla Nursery):
Additional Use and Retail Sales
October 22, 2018
Page 4
Issue 3: Events
As it is currently written, the stipulation agreement does not allow events to be held on the
property. Temporary outdoor sales and events are not a permitted use within the city’s
Agricultural Estate (A-2) District, nor does the zoning or stipulation agreement permit the use of
the property as an event center. The stipulation agreement also limits permitted uses of area “R”,
the area that is most conducive to outdoor sales/events, to the “storage, growing and outdoor
display of plant materials, or temporary storage of supplies on pallets or wheels, excluding
trailers longer than 16 feet”. Finally, Section 7.A prohibits the use of area “P”, parking, for
anything other than parking.
Staff is not opposed to Mr. Halla using food trucks and outdoor events to promote and enhance
his business; however, staff feels it is important to insure that all businesses receive equal
treatment. It has been city policy to consider businesses hosting food trucks as a way of
promoting their business and drawing in additional customers to constitute an outdoor sale/event.
For example, Lunds and Byerlys was required to apply for and receive a temporary event permit
to have the Oscar Mayer wienermobile sell hot dogs in their parking lot earlier this year and the
AutoMotorplex is required to get temporary event permits for their Summer Night events due to
the presence of food trucks. Staff believes that adding food trucks to the list of permitted retail
items tied to a list of annual events that essentially covers every day of the year would grant the
Mustard Seed the ability to hold outdoor events significantly beyond what any other business in
the community is allowed. Additionally, many of the events provided in “Mustard Seed Annual
Events Described 6-5-2018” are described in very vague and expansive terms. For example,
religious/spiritual/personal events could conceivably encompass anything from a small private
bible study meeting, which would not require an event permit, to renting the property out for a
large wedding, an activity that would not be allowed by the temporary event ordinance,
stipulation agreement, or property’s A-2 zoning.
Staff instead proposes adding “Food trucks for temporary outdoor sales and events, subject to the
requirements of the City Code and receipt of a temporary event permits from the city” to the list of
permitted uses contained in first section of the stipulation agreement. Under the city’s temporary
outdoor event ordinance, businesses are allowed up to 15 days per calendar year of temporary
outdoor events and up to four special events (maximum duration of seven days per event), and
up to three seasonal sales (total of 120 days per year). Outdoor sales activities allowed by the
stipulation agreement would not require any additional permits; however, it would provide a
mechanism for allowing the outdoor farmer’s markets mentioned in the provided list of annual
events. This approach would ensure that the property’s outdoor events are subject to the same
standards as every other business in the city.
The City’s temporary outdoor sales and events ordinance is comprehensive and provides
guidelines as to what constitutes an event. Staff would require an expanded and clarified version
Todd Gerhardt
Mustard Seed (Halla Nursery):
Additional Use and Retail Sales
October 22, 2018
Page 5
of the “Mustard Seed Annual Events Described 6-5-2018” in order to determine which activities
constitute temporary outdoor sales and events.
The provided list of annual events indicates that the property may also be being used to host
indoor events including music and catered food and alcohol. These types of events, so long as
they occurred entirely indoors, would not fall under the jurisdiction of the city’s outdoor sales
and events ordinance; however, the stipulation agreement and property’s zoning does not allow
for the use of the property as an event center, nor does it allow for the sale of food and alcohol on
the property. Permitting catered events, especially those with alcohol services, would represent a
significant expansion of business activities from what is currently permitted.
When other properties zoned A-2 have approached city staff about the possibility of renting out
barns for weddings and other events, they have been informed that their zoning does not allow
for event centers. Staff requests direction from the City Council on if catering and alcohol
service should be permitted on this site.
BACKGROUND
On May 31, 2018, staff was informed that the Mustard Seed Garden Center was conducting
activities that fell under the category of temporary outdoor sales and events.
On May 31, 2018, staff contacted Mr. Halla and informed him that the city typically required
permits for these types of events, and requested that he apply for an event permit.
June 1, 2018, Mr. Halla informed staff that he did not feel he required permits to host these
events due to the 1997 stipulation agreement and the fact that they have historically held
gatherings at the site.
On June 4, 2018, staff met with Mr. Halla to discuss the issue. Staff noted that events and some
of the activates conducted in conjunction with them were not allowed by the stipulation
agreement, and proposed using the city’s event permitting process as a mechanism for granting
prior written approval of the city for allowing a temporary expansion of permitted
products/activities. Mr. Halla agreed to provide the city with a list of events, from which the city
would identify events that were outside the scope of the stipulation agreement and which would
require a permit. Mr. Halla was informed that a permanent change to the stipulation agreement
would require action by the City Council.
On June 5, 2018, Mr. Halla provided the city with a list that covered a wide variety of activities.
(see Mustard Seed Annual Events Described 6-5-18) .
On June 6, 2018, staff requested that Mr. Halla clarify the provided list, as the information
provided was not sufficient to allow staff to understand the nature and extent of the proposed
activities.
Todd Gerhardt
Mustard Seed (Halla Nursery):
Additional Use and Retail Sales
October 22, 2018
Page 6
On June 6, 2018, Mr. Halla indicated that he did not have time to provide the requested
information, and indicated he was interested in amending the stipulation agreement.
On October 8, 2018, Mr. Halla requested that his stipulation agreement be amended.
ATTACHEMENTS:
1) Stipulation Agreement
2) Agricultural Estate District (A-2)
3) Mustard Seed Annual Events Described 6-5-18
4) Proposed Resolution
ARTICLE X. - "A-2" AGRICULTURAL ESTATE DISTRICT
Sec. 20-571. - Intent.
The intent of the "A-2" District is preservation of rural character while respecting development
patterns by allowing single-family residential development.
(Ord. No. 80, Art. V, § 3(5-3-1), 12-15-86)
Sec. 20-572. - Permitted uses.
The following are permitted uses in an "A-2" District:
(1) Agriculture.
(2) Antennas as regulated by article XXX of this chapter.
(3) Arboretums.
(4) Day care center for 12 or fewer children.
(5) Group home for six or fewer persons.
(6) Public and private parks and open space.
(7) Single-family dwellings.
(8) Temporary real estate office or model home.
(9) Utility services.
(Ord. No. 80, Art. V, § 3(5-3-2), 12-15-86; Ord. No. 259, § 7, 11-12-96; Ord. No. 377, § 74, 5-
24-04)
Sec. 20-573. - Permitted accessory uses.
The following are permitted accessory uses in an "A-2" District:
(1) Accessory agricultural building.
(2) Garage.
(3) Private stables.
(4) Swimming pool.
(5) Tennis court.
(6) Signs.
(7) Home occupations.
(8) One dock.
(9) Roadside stand.
(10) Private kennel.
(Ord. No. 80, Art. V, § 3(5-3-3), 12-15-86)
Sec. 20-574. - Conditional uses.
The following are conditional uses in an "A-2" District:
(1) Reserved.
(2) Reserved.
(3) Reserved.
(4) Cemetery.
(5) Reserved.
(6) Reserved.
(7) Reserved.
(8) Reserved.
(9) Electrical distribution and underground electric distribution substations.
(10) Reserved.
(11) Churches.
(12) Recreational beach lots.
(13) Group homes for seven to 16 persons.
(14) Golf courses.
(15) Towers as regulated by article XXX of this chapter.
(Ord. No. 80, Art. V, § 3(5-3-4), 12-15-86; Ord. No. 80-E, § 1, 11-16-87; Ord. No. 96, § 1, 9-26-
88; Ord. No. 103, § 1, 5-22-89; Ord. No. 120, § 4(2), 2-12-90; Ord. No. 240, § 16, 7-24-95; Ord.
No. 259, § 8, 11-12-96; Ord. No. 390, § 4, 3-14-05)
State Law reference— Conditional uses, M.S. § 462.3595.
Sec. 20-575. - Lot requirements and setbacks.
The following minimum requirements shall be observed in an "A-2" District subject to additional
requirements, exceptions, and modifications set forth in this chapter:
(1) The minimum lot area is two and one-half acres, subject to section 20-906. A one-unit per ten-
acre gross density shall be maintained for proposed lots outside the approved Metropolitan
Urban Services Area in effect at the time of a proposed development. This requirement shall not
apply to lots of record in existence on January 15, 1987 or lots created thereafter if they were
subject to a pending subdivision application on that date and the lots were created as a result of
that application. The one-unit per ten-acre density applies to contiguous property under single
ownership. Acreage under single ownership, which is not contiguous, cannot be combined for
increased density/building eligibility on one of the parcels. Once a building eligibility has been
used for a property, a development contract must be recorded with the county establishing the
number of building eligibilities remaining or documenting that no building eligibility remains.
(2) The minimum lot frontage is 200 feet, except that the minimum lot frontage of lots fronting on a
cul-de-sac shall be at least 200 feet at the building setback line.
(3) The minimum lot depth is 200 feet, except that lots fronting on a cul-de-sac shall be at least
200 feet at the building setback line.
(4) The maximum lot coverage is 20 percent.
(5) The minimum setbacks are as follows:
a. For front yards, 50 feet.
b. For rear yards, 50 feet.
c. For side yards, ten feet.
(6) The maximum height is as follows:
a. For the principal structure, three stories/35 feet.
b. For accessory structures, three stories/35 feet.
(7) The minimum driveway separation is as follows:
a. If the driveway is on a collector street, 400 feet.
b. If the driveway is on an arterial street, 1,250 feet.
(Ord. No. 80, Art. V, § 3(5-3-5), 12-15-86; Ord. No. 170, § 1, 7-23-92; Ord. No. 194, § 1, 10-11-
93; Ord. No. 332, § 1, 12-10-01; Ord. No. 377, § 75, 5-24-04)
Sec. 20-576. - Interim uses.
The following are interim uses in the "A-2" District:
(1) Reserved.
(2) Mineral extraction.
(3) Reserved.
(4) Manufactured homes (compliance with section 20-905 is not required).
(5) Bed and breakfast establishments.
(6) Commercial kennels, stables and riding academies.
(7) Wholesale nurseries.
(8) Golf driving ranges with or without miniature golf courses.
(9) Petting farms.
(Ord. No. 120, § 3, 2-12-90; Ord. No. 140, § 1, 3-11-91; Ord. No. 240, § 17, 7-24-95; Ord. No.
306, § 3, 7-24-00; Ord. No. 377, § 76, 5-24-04)
Secs. 20-577—20-590. - Reserved.
*Mustard Seed Annual Events:
• Daily Events (retail/wholesale sales year-round)
• Planting Events (generally early spring, mid-summer,
late fall and late winter)
• Holiday Events (Easter, Christmas, Memorial Day, Labor
Day, Fourth of July, other holidays)
• Family Events (generally Fridays-Sundays and may
include music, food, vendors, animals & petting zoo)
• Farmers Market Events (ongoing from within store and
outside parking areas)
• Christmas Tree Sales Events (November-December)
• Religious/Spiritual/Personal E vents (ongoing prayer,
celebrations, worship, etc…)
• Business/Community Events (recycling, Chamber of
Commerce, Rotary, BNI, Political, Scouts, 4H, Church,
tours, field trips, family outings, etc…)
*All music is inside the buildings or not amplified with
speakers (always in compliance with our Stipulation of Use).
Food and catering is served from our private property in
parking areas or within buildings. Animals are displayed
indoors and out (for obvious reasons :-). Parking attendants
are used as needed, if needed. Occupancy never exceeds
legal limits. Alcohol, if any, is only served as legally allowed
by law. All legal and applicable rules and ordinances
obeyed per law and stipulation of use.
199521v1
CITY OF CHANHASSEN
CARVER COUNTY, MINNESOTA
DATE: RESOLUTION NO:
MOTION BY: SECONDED BY:
RESOLUTION AUTHORIZING AN ADDITIONAL USE AND ADDITIONAL
RETAIL SALES FOR HALLA NURSERY, INC.
WHEREAS, City and Halla Nursery, Inc. (“Halla”) entered into a Stipulation for Entry
of Judgment dated February, 10, 1997 (“Stipulation”) concerning the property located at 10000
Great Plains Boulevard in the City of Chanhassen, Carver County, State of Minnesota (“Subject
Property”) and
WHEREAS, pursuant to the Stipulation Halla has requested the right to expand the uses
and permitted sales on the Subject Property.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chanhassen:
1. Pursuant to Paragraph 1 of the Stipulation, the following additional use is allowed on
the Subject Property:
Food trucks for temporary outdoor sales and events, subject to the requirements of the
City Code and receipt of a temporary event permits from the City.
2. Pursuant to Paragraph 3E of the Stipulation, the list of permitted products listed on
Exhibit “B” of the Stipulation that may be sold on the Subject Property is amended to add the
following products at the locations specified:
Clothing and Accessories (1,2,4)
199521v1
Pre-packaged snacks and non- alcoholic
beverages (1,2,4)
Handicrafts (1, 2,4)
Personal Care Products (1,2,4)
Gifts and Decorations (1, 2, 4)
1) Indoor sales from the Garden Center
2) Outdoor Sales
3) Indoor sales from the Office
4) Sales from the Greenhouses identified as Buildings C&E on Exhibit A of
the Stipulation
Passed and adopted by the Chanhassen City Council this ___ day of _______, 2018.
ATTEST:
Todd Gerhardt, City Manager Denny Laufenburger, Mayor
YES NO ABSENT
CITY COUNCIL STAFF REPORT
Monday, October 22, 2018
Subject Review of Claims Paid 10222018
Section CORRESPONDENCE DISCUSSION Item No: K.1.
Prepared By Greg Sticha, Finance Director File No:
SUMMARY
The following claims are submitted for review on October 22, 2018:
Check Numbers Amounts
167995 – 168113 $363,921.01
ACH Payments $158,442.58
Total All Claims $522,363.59
ATTACHMENTS:
Check Summary
Check Summary ACH
Check Detail
Check Detail ACH
Accounts Payable
User:
Printed:
dwashburn
10/12/2018 8:59 AM
Checks by Date - Summary by Check Number
Check No Check DateVendor NameVendor No Void Checks Check Amount
UB*01519 ALL AMERICAN TITLE CO INC 10/04/2018 0.00 23.78167995
APTENV Aptive Environmental 10/04/2018 0.00 150.00167996
UB*01501 CHARLES & DEANNA BAUER 10/04/2018 0.00 35.08167997
UB*01516 ANN MARIE BESTE 10/04/2018 0.00 89.42167998
BITROA BITUMINOUS ROADWAYS INC 10/04/2018 0.00 6,641.66167999
UB*01503 BURNET TITLE LLC 10/04/2018 0.00 90.97168000
UB*01507 BURNET TITLE LLC 10/04/2018 0.00 37.07168001
UB*01523 BURNET TITLE LLC 10/04/2018 0.00 43.42168002
CARENV CARVER COUNTY ENVIRONMENTAL 10/04/2018 0.00 21.00168003
CEMPRO CEMSTONE PRODUCTS CO 10/04/2018 0.00 398.25168004
EmbMinn CENTURYLINK 10/04/2018 0.00 1,739.25168005
CHIFIL Chick-Fil-A 10/04/2018 0.00 5,422.00168006
COMASP Commercial Asphalt Co 10/04/2018 0.00 1,247.92168007
CORMAI CORE & MAIN LP 10/04/2018 0.00 6,195.33168008
CUTABO CUT ABOVE INC 10/04/2018 0.00 4,800.00168009
UB*01522 MICHAEL & BETH DANES 10/04/2018 0.00 347.95168010
DELTOO DELEGARD TOOL COMPANY 10/04/2018 0.00 75.81168011
UB*01499 ANTHONY DOPPLER 10/04/2018 0.00 39.58168012
DulSal Dultmeier Sales LLC 10/04/2018 0.00 42.08168013
EKHOPAUL PAUL EKHOLM 10/04/2018 0.00 85.00168014
ELIAALBE Albert & Mary Eliasen 10/04/2018 0.00 1,000.00168015
UB*01512 ENTITLE TRUST ACCOUNT 10/04/2018 0.00 423.32168016
UB*01505 EXECUTIVE TITLE SERVICES 10/04/2018 0.00 78.48168017
FARRADAM ADAM FARRELL 10/04/2018 0.00 75.98168018
FirSaf Fire Safety USA 10/04/2018 0.00 1,847.29168019
UB*01514 FIRST AMERICAN TITLE INS COMPANY10/04/2018 0.00 66.55168020
GNIFJAN Jan Gniffke 10/04/2018 0.00 750.00168021
GONHOM GONYEA HOMES 10/04/2018 0.00 1,400.00168022
GRABAR GRAYBAR 10/04/2018 0.00 1,481.52168023
hach Hach Company 10/04/2018 0.00 3,572.08168024
HANDJORD Jordan Handy 10/04/2018 0.00 250.00168025
HEALSTEV STEVE HEALY 10/04/2018 0.00 98.00168026
JKGPRO JKG Properties LLC 10/04/2018 0.00 59.00168027
JOHNSJER JERRE JOHNSON 10/04/2018 0.00 140.00168028
KAPAMARI MARILYN-PAT KAPAUN 10/04/2018 0.00 140.00168029
KENGRA KENNEDY & GRAVEN, CHARTERED 10/04/2018 0.00 788.40168030
KEOGJEFF JEFF KEOGH 10/04/2018 0.00 85.00168031
UB*01500 DAVID KLITZKE 10/04/2018 0.00 101.38168032
KNOBUI KNOBLAUCH BUILDERS LLC 10/04/2018 0.00 2,000.00168033
KOCHKENN Kenneth & Marilyn Koch 10/04/2018 0.00 750.00168034
KOEHJASO Jason Koehnen 10/04/2018 0.00 94.99168035
UB*01506 LAND TITLE 10/04/2018 0.00 73.29168036
LDKBui LDK Builders 10/04/2018 0.00 750.00168037
LIBBTERE Terese Libby 10/04/2018 0.00 250.00168038
UB*01502 DENNIS & SHEILA LOVING 10/04/2018 0.00 331.47168039
MADSARLE Arlen Madsen 10/04/2018 0.00 85.00168040
MINAIR MINNESOTA AIR 10/04/2018 0.00 1,826.24168041
Page 1AP Checks by Date - Summary by Check Number (10/12/2018 8:59 AM)
Check No Check DateVendor NameVendor No Void Checks Check Amount
MASS MN ASSOCIATION OF SENIOR SERV 10/04/2018 0.00 25.00168042
MORACHAS Chase Moray 10/04/2018 0.00 25.00168043
NEWSIG NEWMAN SIGNS INC 10/04/2018 0.00 1,841.11168044
UB*01511 CHRISTOPHER & KATIE NOVOGRATZ 10/04/2018 0.00 19.55168045
PITBOW Pitney Bowes Inc.10/04/2018 0.00 921.48168046
PREMRM PRECISE MRM LLC 10/04/2018 0.00 145.17168047
RANEI R A NEISES CONSTRUCTION LLC 10/04/2018 0.00 500.00168048
UB*01508 RESULTS TITLE 10/04/2018 0.00 146.74168049
SCHAJONA Jonathan Schaible 10/04/2018 0.00 100.00168050
UB*01510 TERRI SENSKE 10/04/2018 0.00 254.94168051
SHEWIL SHERWIN WILLIAMS 10/04/2018 0.00 180.52168052
UB*01515 REBECCA SHULT 10/04/2018 0.00 45.27168053
SIGNSO SIGNSOURCE 10/04/2018 0.00 183.00168054
SmitStep Stephen Smith 10/04/2018 0.00 1,500.00168055
SUSA Suburban Utilities Superintendent Assoc 10/04/2018 0.00 225.00168056
UB*01521 DECHANG SUN 10/04/2018 0.00 17.36168057
CHADGROU The Chadwick Group Inc 10/04/2018 0.00 1,000.00168058
UB*01509 TITLE SPECIALISTS INC 10/04/2018 0.00 36.38168059
UB*01517 TITLESMART INC 10/04/2018 0.00 151.60168060
UB*01513 TRADEMARK TITLE SERVICES 10/04/2018 0.00 26.75168061
UB*01520 TRADEMARK TITLE SERVICES 10/04/2018 0.00 63.41168062
UB*01504 Trademark Title Services Inc 10/04/2018 0.00 36.94168063
WastMana Waste Management of Minnesota, Inc 10/04/2018 0.00 975.39168064
WEAWAT WEATHER WATCH INC 10/04/2018 0.00 1,056.00168065
UB*01518 LARRY & DAWN WELLER 10/04/2018 0.00 12.59168066
WERIDENN Dennis Weringa 10/04/2018 0.00 250.00168067
WhitThom Thomas W. White 10/04/2018 0.00 200.00168068
WIELBETH Beth Wieland 10/04/2018 0.00 165.68168069
ALLSTR ALLSTREAM 10/11/2018 0.00 490.84168070
BCATRA BCA 10/11/2018 0.00 30.00168071
BluCro BCBSM, Inc.10/11/2018 0.00 77,002.40168072
BORSTA BORDER STATES ELECTRIC SUPPLY 10/11/2018 0.00 41.04168073
BROMUS BROADCAST MUSIC INC 10/11/2018 0.00 300.84168074
EmbMinn CENTURYLINK 10/11/2018 0.00 95.40168075
CHAVIL CHANHASSEN VILLAGER 10/11/2018 0.00 120.00168076
CitBlo City of Bloomington 10/11/2018 0.00 100.00168077
CHASKA CITY OF CHASKA 10/11/2018 0.00 616.00168078
CUBFOO CUB FOODS 10/11/2018 0.00 48.54168079
CULLIG CULLIGAN 10/11/2018 0.00 16.69168080
CulBot Culligan Bottled Water 10/11/2018 0.00 95.78168081
CUSFIR CUSTOM FIRE APPARATUS INC 10/11/2018 0.00 6,606.43168082
FirSaf Fire Safety USA 10/11/2018 0.00 155.50168083
GERTDENI DENISE GERTEN 10/11/2018 0.00 48.00168084
GONHOM GONYEA HOMES 10/11/2018 0.00 2,500.00168085
HARTLIFE Hartford Life and Accident Insurance Company10/11/2018 0.00 1,024.52168086
HASTMARL Marlene Hastings 10/11/2018 0.00 11.00168087
HEALSTEV STEVE HEALY 10/11/2018 0.00 73.50168088
HEINROBE ROBERT HEINEN 10/11/2018 0.00 78.00168089
ICMART ICMA RETIREMENT AND TRUST-457 10/11/2018 0.00 1,445.83168090
Loc49 IUOE Local #49 10/11/2018 0.00 700.00168091
JAGCOM Jaguar Communications Inc 10/11/2018 0.00 53.46168092
LAUPIA LAURSEN PIANO SERVICE 10/11/2018 0.00 98.00168093
MadsArle Arlen Madsen 10/11/2018 0.00 381.00168094
MAGGLO Magid Glove & Safety Mfg Co LLC 10/11/2018 0.00 3,120.40168095
MARCTOM Tom Marcsisak 10/11/2018 0.00 1,739.50168096
MasCol Master Collision Group 10/11/2018 0.00 6,247.66168097
MCGAIR McGuire Air Compressors Inc 10/11/2018 0.00 8,015.18168098
Page 2AP Checks by Date - Summary by Check Number (10/12/2018 8:59 AM)
Check No Check DateVendor NameVendor No Void Checks Check Amount
METCO2 METROPOLITAN COUNCIL 10/11/2018 0.00 152,094.89168099
NCPERS MN NCPERS LIFE INSURANCE 10/11/2018 0.00 80.00168100
PREMRM PRECISE MRM LLC 10/11/2018 0.00 145.06168101
ROODROGE Roger Rood 10/11/2018 0.00 16.00168102
SAMHEN Sam Hennemann Insurance 10/11/2018 0.00 25.00168103
SchiGeor George Schiltz 10/11/2018 0.00 135.00168104
Senja Senja Inc 10/11/2018 0.00 240.00168105
SHOTRU SHOREWOOD TRUE VALUE 10/11/2018 0.00 20.47168106
SMITJANE Janet Smith 10/11/2018 0.00 74.00168107
SOFHOU SOFTWARE HOUSE INTERNATIONAL 10/11/2018 0.00 1,922.05168108
STACONLL Sta Con LLC 10/11/2018 0.00 37,743.81168109
SUSA Suburban Utilities Superintendent Assoc 10/11/2018 0.00 75.00168110
TESSERIC Eric Tessman 10/11/2018 0.00 536.65168111
WastMana Waste Management of Minnesota, Inc 10/11/2018 0.00 409.13168112
WOLTKENN Kenneth Wolter 10/11/2018 0.00 3,000.00168113
Report Total (119 checks): 363,921.01 0.00
Page 3AP Checks by Date - Summary by Check Number (10/12/2018 8:59 AM)
Accounts Payable
Checks by Date - Summary by Check
User: dwashburn
Printed: 10/12/2018 9:03 AM
Check No Vendor No Vendor Name Check Date Void Checks Check Amount
ACH Z-AMAZON Amazon 09/14/2018
0.00 2,046.73
ACH Z-AMEPLA American Planning Association 09/14/2018
0.00 384.00
ACH Z-AXELS Axels 09/14/2018
0.00 58.00
ACH Z-CMAP C-MAP USA INC 09/14/2018
0.00 825.00
ACH Z-CUBFOO Cub Foods 09/14/2018
0.00 284.15
ACH Z-DASLAN Dashlane 09/14/2018
0.00 59.99
ACH Z-DAVANN Davanni's 09/14/2018
0.00 342.09
ACH Z-DOMINO Domino's Pizza 09/14/2018
0.00 109.17
ACH Z-EINBRO Einstein Bros Bagels 09/14/2018
0.00 47.07
ACH Z-EPIEVE Epic Event Rental 09/14/2018
0.00 663.92
ACH Z-EVEBRI Eventbrite 09/14/2018
0.00 50.00
ACH Z-FIRSMA Fire Smart Promotions 09/14/2018
0.00 425.00
ACH Z-GERTEN Gertens 09/14/2018
0.00 862.00
ACH Z-HACCOM Hach Company 09/14/2018
0.00 54.24
ACH Z-HARTOF Hard to Find Items.com 09/14/2018
0.00 75.08
ACH Z-HOMDEP Home Depot 09/14/2018
0.00 472.98
ACH Z-HOULIH Houlihan's 09/14/2018
0.00 68.47
ACH Z-INTCOD International Code Council 09/14/2018
0.00 340.00
ACH Z-JIMJOH Jimmy Johns 09/14/2018
0.00 161.97
ACH Z-KWITRI Kwik Trip 09/14/2018
0.00 12.25
ACH Z-KYLSWI Kyle Switch Plates 09/14/2018
0.00 15.90
ACH Z-LAKFOO Lakewinds Food Co-Op 09/14/2018
0.00 21.84
ACH Z-LAMCOM Laminator.com 09/14/2018
0.00 114.48
ACH Z-LUNBYE Lunds & Byerly's 09/14/2018
0.00 67.54
ACH Z-MAGBOU MagicBounce.com 09/14/2018
0.00 1,930.96
ACH Z-MALWAR Malwarebytes 09/14/2018
0.00 -53.58
ACH Z-MCMCAR McMaster-Carr 09/14/2018
0.00 127.08
ACH Z-MENARD Menards 09/14/2018
0.00 22.52
ACH Z-MERLIN Merlins Ace Hardware 09/14/2018
0.00 154.01
ACH Z-METFIN Metal Finishing Supply Co Inc 09/14/2018
0.00 294.73
ACH Z-MICHAE Michaels 09/14/2018
0.00 54.64
ACH Z-MIDWAY Midway Vo-Tech 09/14/2018
0.00 250.00
ACH Z-MPIX mpix.com 09/14/2018
0.00 126.02
ACH Z-MYBIND MyBinding.com 09/14/2018
0.00 227.19
ACH Z-MYFONT MyFonts Inc 09/14/2018
0.00 -128.69
ACH Z-NORTOO Northern Tool+Equipment 09/14/2018
0.00 206.35
ACH Z-OFFMAX Office Max/Office Depot 09/14/2018
0.00 410.24
ACH Z-OREILL O'Reilly Auto Parts 09/14/2018
0.00 6.65
ACH Z-PIZZAI Pizzaioli 09/14/2018 0.00 30.39
ACH Z-POTBEL Potbelly Sandwich Shop 09/14/2018
0.00 901.28
ACH Z-PRIRUN Printrunner.com 09/14/2018
0.00 99.96
ACH Z-RICBUS Richfield Bus Company 09/14/2018
0.00 639.50
ACH Z-ROTCLU Rotary Club 09/14/2018
0.00 106.00
ACH Z-SAFSIG Safetysign.com 09/14/2018
0.00 11.19
ACH Z-SAMCLU Sam's Club 09/14/2018
0.00 75.41
ACH Z-SCHENT SCH ENTERPRISES LLC 09/14/2018
0.00 2,091.42
ACH Z-SCIMUS Science Museum of MN parking 09/14/2018
0.00 32.00
ACH Z-SHAFIL ShareFile 09/14/2018
0.00 526.50
ACH Z-TARGET Target 09/14/2018
0.00 802.82
ACH Z-TESSCO Tessco 09/14/2018
0.00 169.36
ACH Z-LOCPEO The Lock People 09/14/2018
0.00 368.35
ACH Z-ULINE Uline.com 09/14/2018
0.00 65.95
Page 1 of 2
Check No Vendor No Vendor Name Check Date Void Checks Check Amount
ACH Z-UPS United Parcel Service 09/14/2018
0.00 96.12
ACH Z-VIKELE Viking Electric Supply 09/14/2018
0.00 -67.01
ACH Z-WALGRE Walgreens 09/14/2018
0.00 9.21
ACH Z-WALMAR Wal-Mart 09/14/2018
0.00 135.21
ACH AdvEng Advanced Engineering & Environmental Services, Inc 10/04/2018 0.00 9,136.39
ACH AFLAC American Family Life Assurance Company of Columbus 10/04/2018 0.00 39.78
ACH carcou Carver County 10/04/2018
0.00 4,637.00
ACH ColLif Colonial Life & Accident Insurance Co 10/04/2018
0.00 202.08
ACH COMINT COMPUTER INTEGRATION TECHN. 10/04/2018
0.00 264.00
ACH WASHDANI DANIELLE WASHBURN 10/04/2018
0.00 53.96
ACH SCHMDEAN DEAN SCHMIEG 10/04/2018
0.00 1,181.25
ACH ENGWAT Engel Water Testing Inc 10/04/2018
0.00 520.00
ACH FASCOM FASTENAL COMPANY 10/04/2018
0.00 197.19
ACH FergEnte Ferguson Waterworks #2516 10/04/2018
0.00 6,818.79
ACH GlSpor GL Sports Camps, LLC 10/04/2018
0.00 280.00
ACH GOPSTA GOPHER STATE ONE-CALL INC 10/04/2018
0.00 758.70
ACH STICGREG GREG STICHA 10/04/2018
0.00 143.88
ACH HAWCHE HAWKINS CHEMICAL 10/04/2018
0.00 5,450.01
ACH IndPla Indelco Plastics Corporation 10/04/2018
0.00 41.10
ACH AlHiJuli Juli Al-Hilwani 10/04/2018
0.00 382.50
ACH KEYWEL Keys Well Drilling Co 10/04/2018
0.00 3,400.00
ACH MatTri Matheson Tri-Gas, Inc. 10/04/2018
0.00 2,746.23
ACH MVEC MN VALLEY ELECTRIC COOP 10/04/2018
0.00 6,393.94
ACH NAPA NAPA AUTO & TRUCK PARTS 10/04/2018
0.00 254.77
ACH NusEqu Nuss Truck & Equipment 10/04/2018
0.00 88.74
ACH ProTec Pro-Tec Design, Inc. 10/04/2018
0.00 134.00
ACH SRFCON SRF CONSULTING GROUP INC 10/04/2018
0.00 227.50
ACH TouPoi TouchPoint Logic LLC 10/04/2018
0.00 100.00
ACH ULTCON ULTIMATE CONTROLS ELECTRIC LLC 10/04/2018
0.00 1,140.00
ACH VERIZO VERIZON WIRELESS 10/04/2018
0.00 4,777.62
ACH WMMUE WM MUELLER & SONS INC 10/04/2018
0.00 1,824.73
ACH XCEL XCEL ENERGY INC 10/04/2018
0.00 28,671.41
ACH 3DSPE 3D SPECIALTIES 10/11/2018
0.00 664.63
ACH A1ELE A-1 ELECTRIC SERVICE 10/11/2018
0.00 3,166.48
ACH ALLENG Alliant Engineering Inc 10/11/2018
0.00 553.73
ACH CAMKNU CAMPBELL KNUTSON 10/11/2018
0.00 16,943.30
ACH choice Choice, Inc. 10/11/2018
0.00 182.40
ACH COMINT COMPUTER INTEGRATION TECHN. 10/11/2018
0.00 1,128.60
ACH engwat Engel Water Testing Inc 10/11/2018
0.00 520.00
ACH FASCOM FASTENAL COMPANY 10/11/2018
0.00 14.05
ACH FergEnte Ferguson Waterworks #2516 10/11/2018
0.00 8,408.36
ACH HAWCHE HAWKINS CHEMICAL 10/11/2018
0.00 130.00
ACH INDLAN Indoor Landscapes Inc 10/11/2018
0.00 187.00
ACH InnOff Innovative Office Solutions LLC 10/11/2018
0.00 521.72
ACH AlHiJuli Juli Al-Hilwani 10/11/2018
0.00 285.00
ACH KIMHOR KIMLEY HORN AND ASSOCIATES INC 10/11/2018
0.00 13,205.00
ACH Marco Marco Inc 10/11/2018
0.00 925.65
ACH MERACE MERLINS ACE HARDWARE 10/11/2018
0.00 2,044.32
ACH OREAUT O'Reilly Automotive Inc 10/11/2018
0.00 98.99
ACH PARCON PARROTT CONTRACTING INC 10/11/2018
0.00 1,762.17
ACH PRARES PRAIRIE RESTORATIONS INC 10/11/2018
0.00 120.00
ACH ProTec Pro-Tec Design, Inc. 10/11/2018
0.00 286.00
ACH UNIWAY UNITED WAY 10/11/2018
0.00 28.40
ACH WARLIT Warning Lites of Minnesota, Inc. 10/11/2018
0.00 330.00
ACH WMMUE WM MUELLER & SONS INC 10/11/2018
0.00 1,938.10
ACH WSB WSB & ASSOCIATES INC 10/11/2018
0.00 7,802.00
ACH WWGRA WW GRAINGER INC 10/11/2018
0.00 47.46
Report Total: 0.00 158,442.58
Page 2 of 2
Accounts Payable
Check Detail-Checks
User: dwashburn
Printed: 10/12/2018 - 9:15 AM
Name Check D Account Description Amount
ALL AMERICAN TITLE CO INC 10/04/2018 700-0000-2020 Refund Check 7.65
ALL AMERICAN TITLE CO INC 10/04/2018 701-0000-2020 Refund Check 15.89
ALL AMERICAN TITLE CO INC 10/04/2018 720-0000-2020 Refund Check 0.20
ALL AMERICAN TITLE CO INC 10/04/2018 700-0000-2020 Refund Check 0.04
ALL AMERICAN TITLE CO INC 23.78
ALLSTREAM 10/11/2018 101-1160-4300 phone system maintenance 11/18/18-12/17/18 490.84
ALLSTREAM 490.84
Aptive Environmental 10/04/2018 815-8230-2024 (1) Solicitor Badge refunded 25.00
Aptive Environmental 10/04/2018 815-8230-2024 (5) Solicitor Badges 125.00
Aptive Environmental 150.00
BAUER CHARLES & DEANNA 10/04/2018 700-0000-2020 Refund Check 4.98
BAUER CHARLES & DEANNA 10/04/2018 701-0000-2020 Refund Check 19.27
BAUER CHARLES & DEANNA 10/04/2018 720-0000-2020 Refund Check 9.21
BAUER CHARLES & DEANNA 10/04/2018 700-0000-2020 Refund Check 1.62
BAUER CHARLES & DEANNA 35.08
BCA 10/11/2018 101-1120-4300 Background Investigation 30.00
BCA 30.00
BCBSM, Inc.10/11/2018 101-0000-2012 Novemer - Family 32,963.75
BCBSM, Inc.10/11/2018 101-0000-2012 Novemer - Family Cobra 3,497.48
BCBSM, Inc.10/11/2018 700-0000-2012 Novemer - Family 6,391.65
BCBSM, Inc.10/11/2018 701-0000-2012 Novemer - Family 4,642.91
BCBSM, Inc.10/11/2018 720-0000-2012 Novemer - Family 1,468.93
BCBSM, Inc.10/11/2018 101-0000-2012 Novemer - Single 22,278.76
BCBSM, Inc.10/11/2018 210-0000-2012 Novemer - Single 874.64
BCBSM, Inc.10/11/2018 700-0000-2012 Novemer - Single 2,379.01
BCBSM, Inc.10/11/2018 701-0000-2012 Novemer - Single 1,679.30
BCBSM, Inc.10/11/2018 720-0000-2012 Novemer - Single 776.69
BCBSM, Inc.10/11/2018 101-1220-4483 Novemer - Firefighter EAP 49.28
BCBSM, Inc. 77,002.40
BESTE ANN MARIE 10/04/2018 700-0000-2020 Refund Check 32.56
BESTE ANN MARIE 10/04/2018 701-0000-2020 Refund Check 54.40
BESTE ANN MARIE 10/04/2018 720-0000-2020 Refund Check 0.81
BESTE ANN MARIE 10/04/2018 700-0000-2020 Refund Check 1.65
Accounts Payable - Check Detail-Checks (10/12/2018 - 9:15 AM)Page 1 of 12
Name Check D Account Description Amount
BESTE ANN MARIE 89.42
BITUMINOUS ROADWAYS INC 10/04/2018 410-0000-4706 Round House Park Improvements 6,641.66
BITUMINOUS ROADWAYS INC 6,641.66
BORDER STATES ELECTRIC SUPPLY 10/11/2018 101-1190-4510 Wire 41.04
BORDER STATES ELECTRIC SUPPLY 41.04
BROADCAST MUSIC INC 10/11/2018 101-1530-4300 Music License Fee - 10/1/18 to 9/30/19 300.84
BROADCAST MUSIC INC 300.84
BURNET TITLE LLC 10/04/2018 700-0000-2020 Refund Check 31.05
BURNET TITLE LLC 10/04/2018 701-0000-2020 Refund Check 42.32
BURNET TITLE LLC 10/04/2018 720-0000-2020 Refund Check 14.96
BURNET TITLE LLC 10/04/2018 700-0000-2020 Refund Check 2.64
BURNET TITLE LLC 10/04/2018 700-0000-2020 Refund Check 14.01
BURNET TITLE LLC 10/04/2018 701-0000-2020 Refund Check 18.88
BURNET TITLE LLC 10/04/2018 720-0000-2020 Refund Check 3.12
BURNET TITLE LLC 10/04/2018 700-0000-2020 Refund Check 1.06
BURNET TITLE LLC 10/04/2018 700-0000-2020 Refund Check 29.99
BURNET TITLE LLC 10/04/2018 701-0000-2020 Refund Check 10.23
BURNET TITLE LLC 10/04/2018 720-0000-2020 Refund Check 2.20
BURNET TITLE LLC 10/04/2018 700-0000-2020 Refund Check 1.00
BURNET TITLE LLC 171.46
CARVER COUNTY ENVIRONMENTAL 10/04/2018 700-0000-4350 Business Electron 21.00
CARVER COUNTY ENVIRONMENTAL 21.00
CEMSTONE PRODUCTS CO 10/04/2018 420-0000-4751 3A32 3900 PSI 6BG 3/4 398.25
CEMSTONE PRODUCTS CO 398.25
CENTURYLINK 10/04/2018 101-1170-4310 phone charges-Sept 2018 839.80
CENTURYLINK 10/04/2018 700-0000-4310 phone charges-Sept 2018 6.36
CENTURYLINK 10/04/2018 701-0000-4310 phone charges-Sept 2018 6.36
CENTURYLINK 10/04/2018 101-1550-4310 phone charges-Sept 2018 30.04
CENTURYLINK 10/04/2018 101-1350-4310 phone charges-Sept 2018 30.04
CENTURYLINK 10/04/2018 101-1220-4310 phone charges-Sept 2018 33.04
CENTURYLINK 10/04/2018 101-1370-4310 phone charges-Sept 2018 50.88
CENTURYLINK 10/04/2018 101-1160-4320 phone charges-Sept 2018 125.00
CENTURYLINK 10/04/2018 700-0000-4310 phone charges-Sept 2018 15.13
CENTURYLINK 10/04/2018 700-7019-4310 phone charges-Sept 2018 210.27
CENTURYLINK 10/04/2018 701-0000-4310 phone charges-Sept 2018 15.13
CENTURYLINK 10/04/2018 101-1160-4320 phone charges-Sept 2018 250.00
CENTURYLINK 10/04/2018 101-1190-4310 phone charges-Sept 2018 127.20
CENTURYLINK 10/11/2018 101-1540-4310 phone charges - 9/21 to 10/20 95.40
CENTURYLINK 1,834.65
CHANHASSEN VILLAGER 10/11/2018 101-1310-4360 1 Year Subscription Renewal 40.00
Accounts Payable - Check Detail-Checks (10/12/2018 - 9:15 AM)Page 2 of 12
Name Check D Account Description Amount
CHANHASSEN VILLAGER 10/11/2018 101-1560-4360 1 Year Subscription Renewal 40.00
CHANHASSEN VILLAGER 10/11/2018 101-1120-4360 1 Year Subscription Renewal 40.00
CHANHASSEN VILLAGER 120.00
Chick-Fil-A 10/04/2018 815-8221-2024 Security Escrow - planning case file No. 16-08 5,422.00
Chick-Fil-A 5,422.00
City of Bloomington 10/11/2018 101-1320-4120 Hydraulic fittings 100.00
City of Bloomington 100.00
CITY OF CHASKA 10/11/2018 101-1560-4300 New Prague Tour on 9/17/18 - Lunch,Transportation,Tour 616.00
CITY OF CHASKA 616.00
Commercial Asphalt Co 10/04/2018 420-0000-4751 NW Rec, Rec Wear 1,247.92
Commercial Asphalt Co 1,247.92
CORE & MAIN LP 10/04/2018 700-0000-4550 17 LB ANODES 6,080.16
CORE & MAIN LP 10/04/2018 700-0000-4550 Drain Plungers, Groove Pins 115.17
CORE & MAIN LP 6,195.33
CUB FOODS 10/11/2018 101-1220-4375 Open House - hot dogs, buns 48.54
CUB FOODS 48.54
CULLIGAN 10/11/2018 101-0000-2033 Overpayment - permit# 2018-02759 16.69
CULLIGAN 16.69
Culligan Bottled Water 10/11/2018 101-1220-4300 Oct 2018 equipment rental/water 95.78
Culligan Bottled Water 95.78
CUSTOM FIRE APPARATUS INC 10/11/2018 400-0000-4510 Insurance Claim CA 61285/2016 Ford F550 6,606.43
CUSTOM FIRE APPARATUS INC 6,606.43
CUT ABOVE INC 10/04/2018 720-7202-4300 Anthem City outlet pruning 1,400.00
CUT ABOVE INC 10/04/2018 720-7202-4300 tree removal @ Pheasant Hills and City Center 2,600.00
CUT ABOVE INC 10/04/2018 720-7202-4300 Tree removal @ city property on Pipewood 800.00
CUT ABOVE INC 4,800.00
DANES MICHAEL & BETH 10/04/2018 700-0000-2020 Refund Check 277.39
DANES MICHAEL & BETH 10/04/2018 701-0000-2020 Refund Check 54.42
DANES MICHAEL & BETH 10/04/2018 720-0000-2020 Refund Check 13.72
DANES MICHAEL & BETH 10/04/2018 700-0000-2020 Refund Check 2.42
DANES MICHAEL & BETH 347.95
DELEGARD TOOL COMPANY 10/04/2018 101-1370-4260 Carbide Scraper Set, Saber Ball Cob Light, Shoe Hdl 126.69
DELEGARD TOOL COMPANY 10/04/2018 101-1370-4260 credit on inv# 68167 -50.88
Accounts Payable - Check Detail-Checks (10/12/2018 - 9:15 AM)Page 3 of 12
Name Check D Account Description Amount
DELEGARD TOOL COMPANY 75.81
DOPPLER ANTHONY 10/04/2018 700-0000-2020 Refund Check 12.42
DOPPLER ANTHONY 10/04/2018 701-0000-2020 Refund Check 20.37
DOPPLER ANTHONY 10/04/2018 720-0000-2020 Refund Check 5.78
DOPPLER ANTHONY 10/04/2018 700-0000-2020 Refund Check 1.01
DOPPLER ANTHONY 39.58
Dultmeier Sales LLC 10/04/2018 101-1550-4120 Valve Kit 42.08
Dultmeier Sales LLC 42.08
EKHOLM PAUL 10/04/2018 101-1250-4370 Ventilation/Fire Suppression for Commercial Kitchen class 85.00
EKHOLM PAUL 85.00
Eliasen Albert & Mary 10/04/2018 815-8202-2024 Erosion Escrow - 7420 Chanhassen Road 1,000.00
Eliasen Albert & Mary 1,000.00
ENTITLE TRUST ACCOUNT 10/04/2018 700-0000-2020 Refund Check 346.99
ENTITLE TRUST ACCOUNT 10/04/2018 701-0000-2020 Refund Check 56.21
ENTITLE TRUST ACCOUNT 10/04/2018 720-0000-2020 Refund Check 17.10
ENTITLE TRUST ACCOUNT 10/04/2018 700-0000-2020 Refund Check 3.02
ENTITLE TRUST ACCOUNT 423.32
EXECUTIVE TITLE SERVICES 10/04/2018 700-0000-2020 Refund Check 30.05
EXECUTIVE TITLE SERVICES 10/04/2018 701-0000-2020 Refund Check 42.61
EXECUTIVE TITLE SERVICES 10/04/2018 720-0000-2020 Refund Check 4.95
EXECUTIVE TITLE SERVICES 10/04/2018 700-0000-2020 Refund Check 0.87
EXECUTIVE TITLE SERVICES 78.48
FARRELL ADAM 10/04/2018 101-1550-4240 Carhartt sweatshirts - clothing reimbursement 75.98
FARRELL ADAM 75.98
Fire Safety USA 10/04/2018 101-1220-4260 Eqiupment for truck 1 1,847.29
Fire Safety USA 10/11/2018 101-1220-4260 Equipment for Truck 1 - Bracket set 155.50
Fire Safety USA 2,002.79
FIRST AMERICAN TITLE INS COMPANY 10/04/2018 700-0000-2020 Refund Check 25.56
FIRST AMERICAN TITLE INS COMPANY 10/04/2018 701-0000-2020 Refund Check 37.58
FIRST AMERICAN TITLE INS COMPANY 10/04/2018 720-0000-2020 Refund Check 2.90
FIRST AMERICAN TITLE INS COMPANY 10/04/2018 700-0000-2020 Refund Check 0.51
FIRST AMERICAN TITLE INS COMPANY 66.55
GERTEN DENISE 10/11/2018 101-1539-3631 Refund - Zumba #4184.114 48.00
GERTEN DENISE 48.00
Gniffke Jan 10/04/2018 815-8201-2024 Landscape Escrow - 735 Pleasant View Road 750.00
Accounts Payable - Check Detail-Checks (10/12/2018 - 9:15 AM)Page 4 of 12
Name Check D Account Description Amount
Gniffke Jan 750.00
GONYEA HOMES 10/04/2018 815-8201-2024 Landscape Escrow - 9307 Hawkcrest Ct 700.00
GONYEA HOMES 10/04/2018 815-8201-2024 Landscape Escrow - 9267 Hawkcrest Ct 700.00
GONYEA HOMES 10/11/2018 815-8226-2024 As-Built Escrow - 9401 Kiowa Trail 2,500.00
GONYEA HOMES 3,900.00
GRAYBAR 10/04/2018 101-1350-4120 General Electric Lighting 431.52
GRAYBAR 10/04/2018 101-1350-4565 General Electric Lighting 1,050.00
GRAYBAR 1,481.52
Hach Company 10/04/2018 700-7019-4530 CHLORINE ANLZR FREE CL17 3,572.08
Hach Company 3,572.08
Handy Jordan 10/04/2018 815-8202-2024 Erosion Escrow - 1745 Hemlock Way 250.00
Handy Jordan 250.00
Hartford Life and Accident Insurance Company 10/11/2018 101-1120-4040 Oct 2018 insurance premium 69.45
Hartford Life and Accident Insurance Company 10/11/2018 101-1130-4040 Oct 2018 insurance premium 47.83
Hartford Life and Accident Insurance Company 10/11/2018 101-1160-4040 Oct 2018 insurance premium 24.74
Hartford Life and Accident Insurance Company 10/11/2018 101-1250-4040 Oct 2018 insurance premium 89.48
Hartford Life and Accident Insurance Company 10/11/2018 101-1310-4040 Oct 2018 insurance premium 89.48
Hartford Life and Accident Insurance Company 10/11/2018 101-1320-4040 Oct 2018 insurance premium 112.04
Hartford Life and Accident Insurance Company 10/11/2018 101-1370-4040 Oct 2018 insurance premium 44.79
Hartford Life and Accident Insurance Company 10/11/2018 101-1520-4040 Oct 2018 insurance premium 35.08
Hartford Life and Accident Insurance Company 10/11/2018 101-1530-4040 Oct 2018 insurance premium 14.05
Hartford Life and Accident Insurance Company 10/11/2018 101-1560-4040 Oct 2018 insurance premium 11.58
Hartford Life and Accident Insurance Company 10/11/2018 101-1600-4040 Oct 2018 insurance premium 22.34
Hartford Life and Accident Insurance Company 10/11/2018 101-1700-4040 Oct 2018 insurance premium 5.59
Hartford Life and Accident Insurance Company 10/11/2018 101-1550-4040 Oct 2018 insurance premium 95.45
Hartford Life and Accident Insurance Company 10/11/2018 101-1420-4040 Oct 2018 insurance premium 73.79
Hartford Life and Accident Insurance Company 10/11/2018 101-1430-4040 Oct 2018 insurance premium 4.67
Hartford Life and Accident Insurance Company 10/11/2018 210-0000-4040 Oct 2018 insurance premium 17.84
Hartford Life and Accident Insurance Company 10/11/2018 720-7201-4040 Oct 2018 insurance premium 5.51
Hartford Life and Accident Insurance Company 10/11/2018 720-7202-4040 Oct 2018 insurance premium 5.51
Hartford Life and Accident Insurance Company 10/11/2018 101-1170-4040 Oct 2018 insurance premium 12.37
Hartford Life and Accident Insurance Company 10/11/2018 101-1220-4040 Oct 2018 insurance premium 42.30
Hartford Life and Accident Insurance Company 10/11/2018 701-0000-4040 Oct 2018 insurance premium 73.52
Hartford Life and Accident Insurance Company 10/11/2018 700-0000-4040 Oct 2018 insurance premium 99.33
Hartford Life and Accident Insurance Company 10/11/2018 720-0000-4040 Oct 2018 insurance premium 27.78
Hartford Life and Accident Insurance Company 1,024.52
Hastings Marlene 10/11/2018 101-1560-3637 Refund - Oktoberfest Celebration 11.00
Hastings Marlene 11.00
HEALY STEVE 10/04/2018 101-1767-4300 Adult Fall Softball Umpire - 4 games on 9/27/18 98.00
HEALY STEVE 10/11/2018 101-1767-4300 Fall Softball Umpire - 3 games 73.50
Accounts Payable - Check Detail-Checks (10/12/2018 - 9:15 AM)Page 5 of 12
Name Check D Account Description Amount
HEALY STEVE 171.50
HEINEN ROBERT 10/11/2018 101-1550-4240 clothing reimbursement - 4 pairs of pants - Amazon 78.00
HEINEN ROBERT 78.00
ICMA RETIREMENT AND TRUST-457 10/11/2018 101-0000-2009 10/12/2018 #304303 1,114.58
ICMA RETIREMENT AND TRUST-457 10/11/2018 210-0000-2009 10/12/2018 #304303 25.00
ICMA RETIREMENT AND TRUST-457 10/11/2018 700-0000-2009 10/12/2018 #304303 152.51
ICMA RETIREMENT AND TRUST-457 10/11/2018 701-0000-2009 10/12/2018 #304303 152.50
ICMA RETIREMENT AND TRUST-457 10/11/2018 720-0000-2009 10/12/2018 #304303 1.24
ICMA RETIREMENT AND TRUST-457 1,445.83
IUOE Local #49 10/11/2018 101-0000-2004 PR Batch 00412.10.2018 Local 49 dues 450.42
IUOE Local #49 10/11/2018 700-0000-2004 PR Batch 00412.10.2018 Local 49 dues 184.86
IUOE Local #49 10/11/2018 701-0000-2004 PR Batch 00412.10.2018 Local 49 dues 64.72
IUOE Local #49 700.00
Jaguar Communications Inc 10/11/2018 700-7043-4310 Oct 2018 phone charges 53.46
Jaguar Communications Inc 53.46
JKG Properties LLC 10/04/2018 101-0000-2033 Overpayment on permit# 2018-02583 59.00
JKG Properties LLC 59.00
JOHNSON JERRE 10/04/2018 101-1560-3637 Refund Radio Gals #6184.105 and Church Basement Ladies 140.00
JOHNSON JERRE 140.00
KAPAUN MARILYN-PAT 10/04/2018 101-1560-3637 Refund Radio Gals and Church Basement Ladies 140.00
KAPAUN MARILYN-PAT 140.00
KENNEDY & GRAVEN, CHARTERED 10/04/2018 601-0000-4300 Franchise fees through 8/31/18 788.40
KENNEDY & GRAVEN, CHARTERED 788.40
KEOGH JEFF 10/04/2018 101-1250-4370 Ventilation/Fire Suppression for Commerical Kitchen class 85.00
KEOGH JEFF 85.00
KLITZKE DAVID 10/04/2018 700-0000-2020 Refund Check 44.21
KLITZKE DAVID 10/04/2018 701-0000-2020 Refund Check 47.13
KLITZKE DAVID 10/04/2018 720-0000-2020 Refund Check 8.53
KLITZKE DAVID 10/04/2018 700-0000-2020 Refund Check 1.51
KLITZKE DAVID 101.38
KNOBLAUCH BUILDERS LLC 10/04/2018 815-8202-2024 Erosion Escrow - 260 Preserve Court 500.00
KNOBLAUCH BUILDERS LLC 10/04/2018 815-8201-2024 Landscape Escrow - 260 Preserve Ct 750.00
KNOBLAUCH BUILDERS LLC 10/04/2018 815-8201-2024 Landscape Escrow - 300 Preserve Ct 750.00
Accounts Payable - Check Detail-Checks (10/12/2018 - 9:15 AM)Page 6 of 12
Name Check D Account Description Amount
KNOBLAUCH BUILDERS LLC 2,000.00
Koch Kenneth & Marilyn 10/04/2018 815-8201-2024 Landscape Escrow - 2169 Red Fox Circle 750.00
Koch Kenneth & Marilyn 750.00
Koehnen Jason 10/04/2018 101-1550-4240 Mens Workwear - Clothing reimbursement 94.99
Koehnen Jason 94.99
LAND TITLE 10/04/2018 700-0000-2020 Refund Check 26.40
LAND TITLE 10/04/2018 701-0000-2020 Refund Check 27.73
LAND TITLE 10/04/2018 720-0000-2020 Refund Check 16.29
LAND TITLE 10/04/2018 700-0000-2020 Refund Check 2.87
LAND TITLE 73.29
LAURSEN PIANO SERVICE 10/11/2018 101-1560-4300 tuning 98.00
LAURSEN PIANO SERVICE 98.00
LDK Builders 10/04/2018 815-8201-2024 Landscape Escrow - 1125 Holly Lane 750.00
LDK Builders 750.00
Libby Terese 10/04/2018 815-8202-2024 Erosion Escrow - 181 South Shore Court 250.00
Libby Terese 250.00
LOVING DENNIS & SHEILA 10/04/2018 700-0000-2020 Refund Check 190.67
LOVING DENNIS & SHEILA 10/04/2018 701-0000-2020 Refund Check 120.83
LOVING DENNIS & SHEILA 10/04/2018 720-0000-2020 Refund Check 16.97
LOVING DENNIS & SHEILA 10/04/2018 700-0000-2020 Refund Check 3.00
LOVING DENNIS & SHEILA 331.47
Madsen Arlen 10/04/2018 101-1250-4370 Ventilation/Fire Suppression for Commercial Kitchen class 85.00
Madsen Arlen 10/11/2018 101-1250-4370 10,0000 Lakes Chapter of ICC 2 day seminar 250.00
Madsen Arlen 10/11/2018 101-1250-4360 Minneapolis Master Plumbers Licence 30.00
Madsen Arlen 10/11/2018 101-1250-4360 State of MN Master Plumbers Licence 73.00
Madsen Arlen 10/11/2018 101-1250-4360 State of MN Backflow Prevention Licence 28.00
Madsen Arlen 466.00
Magid Glove & Safety Mfg Co LLC 10/11/2018 700-7050-4706 XXL FRT ENT LV A FULL ENC SUIT 2,080.00
Magid Glove & Safety Mfg Co LLC 10/11/2018 700-7043-4530 XL and XXL FRT ENT LV A FULL ENC SUIT 1,040.40
Magid Glove & Safety Mfg Co LLC 3,120.40
Marcsisak Tom 10/11/2018 101-1766-4300 Summer Softball Umpire - May to Aug 2018 1,127.00
Marcsisak Tom 10/11/2018 101-1767-4300 Fall Softball Umpire - Aug to Oct 2018 612.50
Marcsisak Tom 1,739.50
Master Collision Group 10/11/2018 400-0000-4510 Insurance Claim 61285/2018 White Chev Tahoe 6,247.66
Accounts Payable - Check Detail-Checks (10/12/2018 - 9:15 AM)Page 7 of 12
Name Check D Account Description Amount
Master Collision Group 6,247.66
McGuire Air Compressors Inc 10/11/2018 700-7050-4705 Duplex 1 HP on 60 Gal Tank w/mounted control panel - WWTP 8,015.18
McGuire Air Compressors Inc 8,015.18
METROPOLITAN COUNCIL 10/11/2018 701-0000-4509 Waste Water Services - Nov 2018 152,094.89
METROPOLITAN COUNCIL 152,094.89
MINNESOTA AIR 10/04/2018 101-1370-4510 Air Cleaner 17.20
MINNESOTA AIR 10/04/2018 101-1220-4530 Evaporator Coil 1,809.04
MINNESOTA AIR 1,826.24
MN ASSOCIATION OF SENIOR SERV 10/04/2018 101-1560-4360 Membership renewal - Mary Blazanin 25.00
MN ASSOCIATION OF SENIOR SERV 25.00
MN NCPERS LIFE INSURANCE 10/11/2018 101-0000-2011 PR Batch 00412.10.2018 NCPERS-Life Insurance 44.01
MN NCPERS LIFE INSURANCE 10/11/2018 700-0000-2011 PR Batch 00412.10.2018 NCPERS-Life Insurance 9.58
MN NCPERS LIFE INSURANCE 10/11/2018 701-0000-2011 PR Batch 00412.10.2018 NCPERS-Life Insurance 9.61
MN NCPERS LIFE INSURANCE 10/11/2018 720-0000-2011 PR Batch 00412.10.2018 NCPERS-Life Insurance 16.80
MN NCPERS LIFE INSURANCE 80.00
Moray Chase 10/04/2018 815-8230-2024 Solicitor Badge refund 25.00
Moray Chase 25.00
NEWMAN SIGNS INC 10/04/2018 101-1320-4560 Signs 762.30
NEWMAN SIGNS INC 10/04/2018 101-1320-4560 Signs 167.05
NEWMAN SIGNS INC 10/04/2018 101-1320-4560 Signs 700.24
NEWMAN SIGNS INC 10/04/2018 701-0000-4150 Signs 211.52
NEWMAN SIGNS INC 1,841.11
NOVOGRATZ CHRISTOPHER & KATIE 10/04/2018 701-0000-2020 Refund Check 19.55
NOVOGRATZ CHRISTOPHER & KATIE 19.55
Pitney Bowes Inc.10/04/2018 701-0000-4530 Equipment Service Charges - 4/1/18 to 9/30/18 307.16
Pitney Bowes Inc.10/04/2018 700-0000-4530 Equipment Service Charges - 4/1/18 to 9/30/18 307.16
Pitney Bowes Inc.10/04/2018 720-0000-4530 Equipment Service Charges - 4/1/18 to 9/30/18 307.16
Pitney Bowes Inc. 921.48
PRECISE MRM LLC 10/04/2018 700-0000-4310 Pooled Data Plan US, Network Access Fee US 145.17
PRECISE MRM LLC 10/11/2018 700-0000-4310 Pooled Data Plan, Network Access Fee US 145.06
PRECISE MRM LLC 290.23
R A NEISES CONSTRUCTION LLC 10/04/2018 815-8202-2024 Erosion Escrow - 2260 Timberwood Dr 500.00
R A NEISES CONSTRUCTION LLC 500.00
Accounts Payable - Check Detail-Checks (10/12/2018 - 9:15 AM)Page 8 of 12
Name Check D Account Description Amount
RESULTS TITLE 10/04/2018 700-0000-2020 Refund Check 53.09
RESULTS TITLE 10/04/2018 701-0000-2020 Refund Check 80.21
RESULTS TITLE 10/04/2018 720-0000-2020 Refund Check 11.42
RESULTS TITLE 10/04/2018 700-0000-2020 Refund Check 2.02
RESULTS TITLE 146.74
Rood Roger 10/11/2018 101-1560-3637 Refund - Mighty Mississippi program 16.00
Rood Roger 16.00
Sam Hennemann Insurance 10/11/2018 815-8230-2024 Refund Solicitor Badge 25.00
Sam Hennemann Insurance 25.00
Schaible Jonathan 10/04/2018 815-8201-2024 Erosion Escrow - 9307 Hawkcrest Ct 50.00
Schaible Jonathan 10/04/2018 815-8201-2024 Erosion Escrow - 9267 Hawkcrest Ct 50.00
Schaible Jonathan 100.00
Schiltz George 10/11/2018 101-1560-4300 10/17 2018 Oktoberfest Celebration - Music 135.00
Schiltz George 135.00
Senja Inc 10/11/2018 101-1539-4300 Tai Chi instruction 240.00
Senja Inc 240.00
SENSKE TERRI 10/04/2018 700-0000-2020 Refund Check 77.67
SENSKE TERRI 10/04/2018 701-0000-2020 Refund Check 131.13
SENSKE TERRI 10/04/2018 720-0000-2020 Refund Check 29.82
SENSKE TERRI 10/04/2018 700-0000-2020 Refund Check 16.32
SENSKE TERRI 254.94
SHERWIN WILLIAMS 10/04/2018 700-7019-4150 Supplies 22.45
SHERWIN WILLIAMS 10/04/2018 700-7019-4150 Paint, Recycling fee 105.92
SHERWIN WILLIAMS 10/04/2018 700-0000-4550 Supplies 49.88
SHERWIN WILLIAMS 10/04/2018 700-0000-4550 Supplies 2.27
SHERWIN WILLIAMS 180.52
SHOREWOOD TRUE VALUE 10/11/2018 101-1220-4510 Wood Putty 5.49
SHOREWOOD TRUE VALUE 10/11/2018 101-1190-4510 MNT Tape 6.49
SHOREWOOD TRUE VALUE 10/11/2018 101-1190-4260 Soldering Tip 8.49
SHOREWOOD TRUE VALUE 20.47
SHULT REBECCA 10/04/2018 700-0000-2020 Refund Check 34.40
SHULT REBECCA 10/04/2018 701-0000-2020 Refund Check 7.77
SHULT REBECCA 10/04/2018 720-0000-2020 Refund Check 2.64
SHULT REBECCA 10/04/2018 700-0000-2020 Refund Check 0.46
SHULT REBECCA 45.27
SIGNSOURCE 10/04/2018 101-1220-4120 Accountability Boards 33.50
SIGNSOURCE 10/04/2018 101-1220-4120 Equipment Decals 149.50
Accounts Payable - Check Detail-Checks (10/12/2018 - 9:15 AM)Page 9 of 12
Name Check D Account Description Amount
SIGNSOURCE 183.00
Smith Janet 10/11/2018 101-1538-3631 Refund - Polite Kids #2184.129 Sadee, Sophee 74.00
Smith Janet 74.00
Smith Stephen 10/04/2018 720-0000-4300 Redwing Ln - Drain tile project 1,500.00
Smith Stephen 1,500.00
SOFTWARE HOUSE INTERNATIONAL 10/11/2018 400-4126-4703 Webroot SecureAnywhere Business Clients/DNS Protection 1,922.05
SOFTWARE HOUSE INTERNATIONAL 1,922.05
Sta Con LLC 10/11/2018 701-7025-4751 Control Panel 37,743.81
Sta Con LLC 37,743.81
Suburban Utilities Superintendent Assoc 10/04/2018 701-0000-4370 One-Day Utility Operations School - Martinson 37.50
Suburban Utilities Superintendent Assoc 10/04/2018 700-0000-4370 One-Day Utility Operations School - Martinson 37.50
Suburban Utilities Superintendent Assoc 10/04/2018 701-0000-4370 One-Day Utility Operations School - Kistner 37.50
Suburban Utilities Superintendent Assoc 10/04/2018 700-0000-4370 One-Day Utility Operations School - Kistner 37.50
Suburban Utilities Superintendent Assoc 10/04/2018 700-0000-4370 One-Day Utility Operations School - Crooks 37.50
Suburban Utilities Superintendent Assoc 10/04/2018 701-0000-4370 One-Day Utility Operations School - Crooks 37.50
Suburban Utilities Superintendent Assoc 10/11/2018 700-0000-4370 One Day Utility Operations School - Carlson 75.00
Suburban Utilities Superintendent Assoc 300.00
SUN DECHANG 10/04/2018 700-0000-2020 Refund Check 3.84
SUN DECHANG 10/04/2018 701-0000-2020 Refund Check 12.97
SUN DECHANG 10/04/2018 720-0000-2020 Refund Check 0.10
SUN DECHANG 10/04/2018 700-0000-2020 Refund Check 0.45
SUN DECHANG 17.36
Tessman Eric 10/11/2018 101-1250-4370 10,0000 Lakes Chapter of ICC 2 day seminar 250.00
Tessman Eric 10/11/2018 101-1250-4370 Seminar 85.00
Tessman Eric 10/11/2018 101-1250-4370 mileage to Grand Rapids 201.65
Tessman Eric 536.65
The Chadwick Group Inc 10/04/2018 815-8221-2024 Security Escrow - IUP 2015-12 Erosion Control Vegetation Site 1,000.00
The Chadwick Group Inc 1,000.00
TITLE SPECIALISTS INC 10/04/2018 700-0000-2020 Refund Check 16.45
TITLE SPECIALISTS INC 10/04/2018 701-0000-2020 Refund Check 17.11
TITLE SPECIALISTS INC 10/04/2018 720-0000-2020 Refund Check 2.40
TITLE SPECIALISTS INC 10/04/2018 700-0000-2020 Refund Check 0.42
TITLE SPECIALISTS INC 36.38
TITLESMART INC 10/04/2018 700-0000-2020 Refund Check 58.21
TITLESMART INC 10/04/2018 701-0000-2020 Refund Check 63.32
TITLESMART INC 10/04/2018 720-0000-2020 Refund Check 25.56
TITLESMART INC 10/04/2018 700-0000-2020 Refund Check 4.51
Accounts Payable - Check Detail-Checks (10/12/2018 - 9:15 AM)Page 10 of 12
Name Check D Account Description Amount
TITLESMART INC 151.60
TRADEMARK TITLE SERVICES 10/04/2018 700-0000-2020 Refund Check 8.18
TRADEMARK TITLE SERVICES 10/04/2018 701-0000-2020 Refund Check 11.37
TRADEMARK TITLE SERVICES 10/04/2018 720-0000-2020 Refund Check 6.12
TRADEMARK TITLE SERVICES 10/04/2018 700-0000-2020 Refund Check 1.08
TRADEMARK TITLE SERVICES 10/04/2018 700-0000-2020 Refund Check 20.17
TRADEMARK TITLE SERVICES 10/04/2018 701-0000-2020 Refund Check 32.97
TRADEMARK TITLE SERVICES 10/04/2018 720-0000-2020 Refund Check 8.73
TRADEMARK TITLE SERVICES 10/04/2018 700-0000-2020 Refund Check 1.54
TRADEMARK TITLE SERVICES 90.16
Trademark Title Services Inc 10/04/2018 700-0000-2020 Refund Check 18.60
Trademark Title Services Inc 10/04/2018 701-0000-2020 Refund Check 13.35
Trademark Title Services Inc 10/04/2018 720-0000-2020 Refund Check 4.25
Trademark Title Services Inc 10/04/2018 700-0000-2020 Refund Check 0.74
Trademark Title Services Inc 36.94
Waste Management of Minnesota, Inc 10/04/2018 101-1170-4350 garbage service - Oct 2018 173.94
Waste Management of Minnesota, Inc 10/04/2018 101-1550-4350 garbage service - Oct 2018 372.75
Waste Management of Minnesota, Inc 10/04/2018 101-1370-4350 garbage service - Oct 2018 97.90
Waste Management of Minnesota, Inc 10/04/2018 700-0000-4350 garbage service - Oct 2018 12.24
Waste Management of Minnesota, Inc 10/04/2018 701-0000-4350 garbage service - Oct 2018 12.24
Waste Management of Minnesota, Inc 10/04/2018 101-1190-4350 garbage service - Oct 2018 212.18
Waste Management of Minnesota, Inc 10/04/2018 101-1220-4350 garbage service - Oct 2018 67.89
Waste Management of Minnesota, Inc 10/04/2018 101-1220-4350 garbage service - Oct 2018 26.25
Waste Management of Minnesota, Inc 10/11/2018 101-1220-4350 Open House - Station Spring cleaning , 9/16-9/30 409.13
Waste Management of Minnesota, Inc 1,384.52
WEATHER WATCH INC 10/04/2018 101-1550-4300 Weather Service 528.00
WEATHER WATCH INC 10/04/2018 101-1320-4300 Weather Service 528.00
WEATHER WATCH INC 1,056.00
WELLER LARRY & DAWN 10/04/2018 700-0000-2020 Refund Check 3.50
WELLER LARRY & DAWN 10/04/2018 701-0000-2020 Refund Check 6.31
WELLER LARRY & DAWN 10/04/2018 720-0000-2020 Refund Check 2.36
WELLER LARRY & DAWN 10/04/2018 700-0000-2020 Refund Check 0.42
WELLER LARRY & DAWN 12.59
Weringa Dennis 10/04/2018 815-8202-2024 Erosion Escrow - 9421 River Rock Drive S 250.00
Weringa Dennis 250.00
White Thomas W.10/04/2018 101-1190-4300 Wall repair and touch up by new video screen 200.00
White Thomas W. 200.00
Wieland Beth 10/04/2018 101-1130-4370 Mileage - GFOA Conference 165.68
Accounts Payable - Check Detail-Checks (10/12/2018 - 9:15 AM)Page 11 of 12
Name Check D Account Description Amount
Wieland Beth 165.68
Wolter Kenneth 10/11/2018 700-7019-4510 exterior wash water treatment plant 3,000.00
Wolter Kenneth 3,000.00
363,921.01
Accounts Payable - Check Detail-Checks (10/12/2018 - 9:15 AM)Page 12 of 12
Accounts Payable
Check Detail-ACH
User: dwashburn
Printed: 10/12/2018 - 9:28 AM
Name Check D Account Description Amount
3D SPECIALTIES 10/11/2018 101-1320-4560 Galvanized Channels 664.63
3D SPECIALTIES 664.63
A-1 ELECTRIC SERVICE 10/11/2018 701-0000-4300 Lift Station #20 - Replace control panel/add fused meter pole 2,416.52
A-1 ELECTRIC SERVICE 10/11/2018 701-0000-4300 Lift Station #26 - Move control panel for new pad 749.96
A-1 ELECTRIC SERVICE 3,166.48
Advanced Engineering & Environmental Services, Inc 10/04/2018 700-7050-4705 2018 SCADA Svc - August/reintegrating bulk water fill station 9,136.39
Advanced Engineering & Environmental Services, Inc 9,136.39
Al-Hilwani Juli 10/04/2018 101-1533-4300 Personal Training 382.50
Al-Hilwani Juli 10/11/2018 101-1533-4300 Personal Training 285.00
Al-Hilwani Juli 667.50
Alliant Engineering Inc 10/11/2018 410-0000-4300 Foxwood Hwy 101 Pedestrian Trail Extension svc Aug 2018 553.73
Alliant Engineering Inc 553.73
Amazon 09/14/2018 101-1160-4530 Otterbox S7 case - replacement phone case Charlie 27.92
Amazon 09/14/2018 700-7050-4705 LG 49 inch TV - TV for cameras WWTP 350.33
Amazon 09/14/2018 400-4126-4703 Surfacebook Dock - Public Works 134.00
Amazon 09/14/2018 700-7050-4705 TV Mounting bracket - WWTP 22.98
Amazon 09/14/2018 400-4126-4703 TV Cart - Replacement for Rec Center 389.00
Amazon 09/14/2018 700-7050-4705 Cables, HP Printer - for WWTP 426.98
Amazon 09/14/2018 400-4126-4703 Screen protector, cables - Matt/Greg 27.28
Amazon 09/14/2018 101-1170-4110 Moving/Packing Wrap 19.48
Amazon 09/14/2018 101-1170-4110 Wall mount - Conference room 24.99
Amazon 09/14/2018 101-1170-4110 City Prime membership 119.00
Amazon 09/14/2018 101-1170-4110 Badge Reel Carabiners, Stylus Pens 50.54
Amazon 09/14/2018 700-7050-4705 Phone wall mount kit 38.18
Amazon 09/14/2018 101-1530-4130 Book binding repair tape 72.16
Amazon 09/14/2018 101-1220-4290 Iphone charger - CVI Ipad 10.99
Amazon 09/14/2018 700-7050-4705 Metal Wall sign 11.99
Amazon 09/14/2018 700-7050-4705 Reflective Sign 22.41
Amazon 09/14/2018 700-0000-4240 Men's Rapid Dry Polo's 28.70
Amazon 09/14/2018 701-0000-4240 Men's Rapid Dry Polo's 28.69
Amazon 09/14/2018 701-0000-4240 Rapid Dry Long Sleeve Polo's 44.76
Amazon 09/14/2018 700-0000-4240 Rapid Dry Long Sleeve Polo's 44.76
Amazon 09/14/2018 720-0000-4120 Chest Waders 123.61
Amazon 09/14/2018 700-0000-4550 Sandblasting gloves 27.98
Accounts Payable - Check Detail-ACH (10/12/2018 - 9:28 AM)Page 1 of 11
Name Check D Account Description Amount
Amazon 2,046.73
American Family Life Assurance Company of Columbus10/04/2018 101-0000-2008 September 2018 premium 39.78
American Family Life Assurance Company of Columbus 39.78
American Planning Association 09/14/2018 101-1420-4360 Sharmin's APA membership and MN Chapter 384.00
American Planning Association 384.00
Axels 09/14/2018 101-1120-4370 Recognition and Maple Leaf Award to Rep Joe Hoppe 58.00
Axels 58.00
CAMPBELL KNUTSON 10/11/2018 101-1140-4302 Legal Services 16,943.30
CAMPBELL KNUTSON 16,943.30
Carver County 10/04/2018 101-1210-4300 Liquor License Bkgrd Investigation-Byerly's,Cafe Thyme,Top Ten 600.00
Carver County 10/04/2018 101-1120-4807 PID 25.5700030 - 2nd Half Taxes 630.00
Carver County 10/04/2018 605-0000-4807 PID 25.0362300 - 2018 2nd Half Taxes 3,407.00
Carver County 4,637.00
Choice, Inc.10/11/2018 101-1220-4350 cleaning 8/13-9/14 182.40
Choice, Inc. 182.40
C-MAP USA INC 09/14/2018 720-0000-4300 BioBase WQ monitoring 825.00
C-MAP USA INC 825.00
Colonial Life & Accident Insurance Co 10/04/2018 101-0000-2008 September 2018 premium 60.72
Colonial Life & Accident Insurance Co 10/04/2018 700-0000-2008 September 2018 premium 70.68
Colonial Life & Accident Insurance Co 10/04/2018 701-0000-2008 September 2018 premium 70.68
Colonial Life & Accident Insurance Co 202.08
COMPUTER INTEGRATION TECHN.10/04/2018 700-7050-4705 SSL VPN Licenses, SCADA Access 264.00
COMPUTER INTEGRATION TECHN.10/11/2018 101-1160-4220 KACE Support Renewal 1,128.60
COMPUTER INTEGRATION TECHN. 1,392.60
Cub Foods 09/14/2018 101-1560-4130 Lemonade, Juice, Goldfish crackers 18.38
Cub Foods 09/14/2018 101-1560-4130 Plates, pop, Ice cream, Napkins 33.08
Cub Foods 09/14/2018 101-1560-4130 Cookies 13.98
Cub Foods 09/14/2018 101-1530-4130 Coffee 15.98
Cub Foods 09/14/2018 101-1618-4130 Penny Carnival - deli 121.33
Cub Foods 09/14/2018 101-1620-4300 Concert series - Clorox, Ice 13.26
Cub Foods 09/14/2018 700-7043-4150 Water 4.45
Cub Foods 09/14/2018 700-7019-4150 Water 10.68
Cub Foods 09/14/2018 700-7050-4300 bowls, fruit, jimmy dean biscuits - food for class 43.44
Cub Foods 09/14/2018 700-0000-4150 water given to resident during water turn off 9.57
Cub Foods 284.15
Accounts Payable - Check Detail-ACH (10/12/2018 - 9:28 AM)Page 2 of 11
Name Check D Account Description Amount
Dashlane 09/14/2018 101-1160-4300 Dashlane Password Manager Subscription 59.99
Dashlane 59.99
Davanni's 09/14/2018 101-1210-4130 NNO Food 40.84
Davanni's 09/14/2018 101-1210-4130 NNO Food 142.49
Davanni's 09/14/2018 101-1210-4130 NNO Food 158.76
Davanni's 342.09
Domino's Pizza 09/14/2018 101-1560-4130 pizza for summer beach party 109.17
Domino's Pizza 109.17
Einstein Bros Bagels 09/14/2018 700-7050-4300 food for class 15.29
Einstein Bros Bagels 09/14/2018 700-7050-4300 food for class 15.29
Einstein Bros Bagels 09/14/2018 700-7050-4300 food for class 16.49
Einstein Bros Bagels 47.07
Engel Water Testing Inc 10/04/2018 700-0000-4300 26 water samples collected - August 2018 520.00
Engel Water Testing Inc 10/11/2018 700-0000-4300 26 water samples collected - Sept 2018 520.00
Engel Water Testing Inc 1,040.00
Epic Event Rental 09/14/2018 101-1618-4300 Penny Carnival - Games 389.83
Epic Event Rental 09/14/2018 101-1620-4130 Concert Series - folding chairs 326.77
Epic Event Rental 09/14/2018 101-1620-4130 Concert Series - folding chairs - refund -52.68
Epic Event Rental 663.92
Eventbrite 09/14/2018 101-1320-4370 MacQueen Equipment Class Admission - Bresnahan, Sandberg 50.00
Eventbrite 50.00
FASTENAL COMPANY 10/04/2018 101-1370-4510 SS Swivel 165.99
FASTENAL COMPANY 10/04/2018 101-1320-4120 5/8x4 1/2WedgeAnchor 31.20
FASTENAL COMPANY 10/11/2018 101-1320-4120 Marker, BIT #1 and #3 7.63
FASTENAL COMPANY 10/11/2018 101-1320-4560 Magnetic Power Nutsetter 6.42
FASTENAL COMPANY 211.24
Ferguson Waterworks #2516 10/04/2018 700-0000-4550 misc parts/supplies 2,524.42
Ferguson Waterworks #2516 10/04/2018 700-0000-4250 R450 HI GAIN WALL MIU ANT RETROFIT 1,454.22
Ferguson Waterworks #2516 10/04/2018 700-0000-4250 3 T/F MTR ECDR USG 2,509.25
Ferguson Waterworks #2516 10/04/2018 700-0000-4250 3 MTR FLG KIT RND 330.90
Ferguson Waterworks #2516 10/11/2018 700-0000-4550 Pacer Pin, Pacer #36 LWR VLV WSHR EPOX 302.93
Ferguson Waterworks #2516 10/11/2018 700-0000-4250 3/4 SL T10 MTR ECDR USG 3,885.80
Ferguson Waterworks #2516 10/11/2018 700-0000-4550 PACER #31 VLV SEAT, NUT COMP, ASSY 4,219.63
Ferguson Waterworks #2516 15,227.15
Fire Smart Promotions 09/14/2018 101-1220-4375 Imrprinted Patriotic Sticker Badges 425.00
Fire Smart Promotions 425.00
Gertens 09/14/2018 101-1550-4150 Plants 862.00
Accounts Payable - Check Detail-ACH (10/12/2018 - 9:28 AM)Page 3 of 11
Name Check D Account Description Amount
Gertens 862.00
GL Sports Camps, LLC 10/04/2018 101-1730-3636 Beginning Golf Camp 280.00
GL Sports Camps, LLC 280.00
GOPHER STATE ONE-CALL INC 10/04/2018 400-0000-4300 FTP Tickets - Sept 2018 758.70
GOPHER STATE ONE-CALL INC 758.70
Hach Company 09/14/2018 700-7043-4120 Citrate Buffer Powder Pillows for Manganese 54.24
Hach Company 54.24
Hard to Find Items.com 09/14/2018 700-0000-4550 Cast Iron Grate Floor Drain Cover 75.08
Hard to Find Items.com 75.08
HAWKINS CHEMICAL 10/04/2018 700-7019-4160 Azone 15 - EPA 5,450.01
HAWKINS CHEMICAL 10/11/2018 700-7043-4160 Chlorine Cylinder 130.00
HAWKINS CHEMICAL 5,580.01
Home Depot 09/14/2018 700-0000-4150 Electrical Tape 5pk 10.39
Home Depot 09/14/2018 701-0000-4530 Elbow, Coupling, Conduit 40.71
Home Depot 09/14/2018 700-0000-4150 Blade set, Conduit 83.51
Home Depot 09/14/2018 700-7043-4150 Screws, Washers 8.02
Home Depot 09/14/2018 101-1370-4510 Self-Leveling sealants, Backer Rod 115.79
Home Depot 09/14/2018 700-0000-4150 Folding chairs and table 214.56
Home Depot 472.98
Houlihan's 09/14/2018 101-1550-4370 Job Offer 68.47
Houlihan's 68.47
Indelco Plastics Corporation 10/04/2018 700-0000-4150 2x1 MTxFT Bushing, CPVC SCH 80 41.10
Indelco Plastics Corporation 41.10
Indoor Landscapes Inc 10/11/2018 101-1170-4300 Tropical Plant Service 187.00
Indoor Landscapes Inc 187.00
Innovative Office Solutions LLC 10/11/2018 101-1170-4110 Calendars, Paper 144.74
Innovative Office Solutions LLC 10/11/2018 101-1170-4110 Calendars 44.98
Innovative Office Solutions LLC 10/11/2018 101-1170-4110 Calendars, Paper, Clips, Post Its, Highlighters 332.00
Innovative Office Solutions LLC 521.72
International Code Council 09/14/2018 101-1250-4440 MN Residential/Commercial Plumbing Inspector 340.00
International Code Council 340.00
Jimmy Johns 09/14/2018 101-1110-4370 City Council Dinner 97.68
Jimmy Johns 09/14/2018 700-7050-4300 sandwiches, chips, beverages for class 34.96
Accounts Payable - Check Detail-ACH (10/12/2018 - 9:28 AM)Page 4 of 11
Name Check D Account Description Amount
Jimmy Johns 09/14/2018 700-7050-4300 food meals for class 29.33
Jimmy Johns 161.97
Keys Well Drilling Co 10/04/2018 700-0000-4550 Chanhassen Well #2 - new sounding tube for transducer 3,400.00
Keys Well Drilling Co 3,400.00
KIMLEY HORN AND ASSOCIATES INC 10/11/2018 400-0000-1155 Private Dev Field Observ - svc through 7/31/18 3,632.50
KIMLEY HORN AND ASSOCIATES INC 10/11/2018 410-0000-4300 Private Dev Field Observ - svc through 7/31/18 2,260.00
KIMLEY HORN AND ASSOCIATES INC 10/11/2018 410-0000-4300 Private Dev Field Observ - svc through 8/31/18 362.50
KIMLEY HORN AND ASSOCIATES INC 10/11/2018 400-0000-1155 Private Dev Field Observ - svc through 8/31/18 6,950.00
KIMLEY HORN AND ASSOCIATES INC 13,205.00
Kwik Trip 09/14/2018 700-0000-4170 Gas 5.28
Kwik Trip 09/14/2018 700-0000-4170 Gas 6.97
Kwik Trip 12.25
Kyle Switch Plates 09/14/2018 700-7019-4150 Double Gang Single Toggle Switch Plate Cover 15.90
Kyle Switch Plates 15.90
Lakewinds Food Co-Op 09/14/2018 720-0000-4120 Napkins, Cups, Fruit - Splash Bash 21.84
Lakewinds Food Co-Op 21.84
Laminator.com 09/14/2018 101-1170-4110 Lamination supplies 114.48
Laminator.com 114.48
Lunds & Byerly's 09/14/2018 101-1220-4290 Chief/Captain lunch meeting 17.07
Lunds & Byerly's 09/14/2018 101-1560-4130 Cupcakes 14.97
Lunds & Byerly's 09/14/2018 101-1560-4130 Lemonade, Watermelon 9.78
Lunds & Byerly's 09/14/2018 101-1560-4130 Cookies 5.99
Lunds & Byerly's 09/14/2018 720-0000-4120 Water, Fruit, Ice, Donut Holes for Splash Bash 19.73
Lunds & Byerly's 67.54
MagicBounce.com 09/14/2018 101-1731-4300 Rock Climbing Wall 965.48
MagicBounce.com 09/14/2018 101-1731-4300 Rock Climbing Wall 965.48
MagicBounce.com 1,930.96
Malwarebytes 09/14/2018 101-1160-4220 Credit - Malewarebytes Individual, Malware and Exploit -53.58
Malwarebytes -53.58
Marco Inc 10/11/2018 101-1170-4410 Monthly maintenance charges - Oct 2018 675.65
Marco Inc 10/11/2018 700-0000-4410 Monthly maintenance charges - Oct 2018 100.00
Marco Inc 10/11/2018 701-0000-4410 Monthly maintenance charges - Oct 2018 100.00
Marco Inc 10/11/2018 720-0000-4410 Monthly maintenance charges - Oct 2018 50.00
Marco Inc 925.65
Matheson Tri-Gas, Inc.10/04/2018 101-1370-4170 Pro 33 Net 31# Alum 76.23
Accounts Payable - Check Detail-ACH (10/12/2018 - 9:28 AM)Page 5 of 11
Name Check D Account Description Amount
Matheson Tri-Gas, Inc.10/04/2018 101-1370-4705 Miller Millermatic 252 2,670.00
Matheson Tri-Gas, Inc. 2,746.23
McMaster-Carr 09/14/2018 700-7050-4705 On/Off valve, PVC Pipe Fitting 127.08
McMaster-Carr 127.08
Menards 09/14/2018 101-1731-4130 Lake Ann camp - Fender Washers 22.52
Menards 22.52
MERLINS ACE HARDWARE 10/11/2018 101-1310-4120 misc parts/supplies 17.98
MERLINS ACE HARDWARE 10/11/2018 101-1310-4290 misc parts/supplies 8.99
MERLINS ACE HARDWARE 10/11/2018 101-1320-4120 misc parts/supplies 6.29
MERLINS ACE HARDWARE 10/11/2018 101-1530-4130 misc parts/supplies 10.00
MERLINS ACE HARDWARE 10/11/2018 101-1530-4510 misc parts/supplies 17.98
MERLINS ACE HARDWARE 10/11/2018 101-1550-4120 misc parts/supplies 266.88
MERLINS ACE HARDWARE 10/11/2018 101-1550-4150 misc parts/supplies 1,505.36
MERLINS ACE HARDWARE 10/11/2018 700-0000-4150 misc parts/supplies 91.87
MERLINS ACE HARDWARE 10/11/2018 700-7019-4150 misc parts/supplies 3.59
MERLINS ACE HARDWARE 10/11/2018 700-7043-4150 misc parts/supplies 73.68
MERLINS ACE HARDWARE 10/11/2018 701-0000-4150 misc parts/supplies 17.26
MERLINS ACE HARDWARE 10/11/2018 701-0000-4530 misc parts/supplies 24.44
Merlins Ace Hardware 09/14/2018 101-1180-4110 Outlet Strips 52.54
Merlins Ace Hardware 09/14/2018 101-1731-4130 Rubber Mallet, Hammer Ball Pein Hammers 46.12
Merlins Ace Hardware 09/14/2018 101-1731-4130 Tongs, Lighters, Pans, Briquets 55.35
Merlins Ace Hardware 2,198.33
Metal Finishing Supply Co Inc 09/14/2018 700-0000-4120 Lens Perf, Lens Outer, Lens Inner 294.73
Metal Finishing Supply Co Inc 294.73
Michaels 09/14/2018 101-1731-4130 Lake Ann Camp - CRE KBA CRM, DT DUCK, RIT DYE POWDER 54.64
Michaels 54.64
Midway Vo-Tech 09/14/2018 101-1250-4370 8 hr ASSE Recertification for Testers/Repairers - Arlen 250.00
Midway Vo-Tech 250.00
MN VALLEY ELECTRIC COOP 10/04/2018 101-1350-4320 electricity charges 38.40
MN VALLEY ELECTRIC COOP 10/04/2018 101-1350-4320 electricity charges 123.97
MN VALLEY ELECTRIC COOP 10/04/2018 101-1350-4320 electricity charges 38.90
MN VALLEY ELECTRIC COOP 10/04/2018 101-1350-4320 electricity charges 83.06
MN VALLEY ELECTRIC COOP 10/04/2018 101-1350-4320 electricity charges 195.65
MN VALLEY ELECTRIC COOP 10/04/2018 101-1350-4320 electricity charges 32.51
MN VALLEY ELECTRIC COOP 10/04/2018 101-1350-4320 electricity charges 5,124.84
MN VALLEY ELECTRIC COOP 10/04/2018 101-1600-4320 electricity charges 34.51
MN VALLEY ELECTRIC COOP 10/04/2018 700-0000-4320 electricity charges 164.37
MN VALLEY ELECTRIC COOP 10/04/2018 701-0000-4320 electricity charges 557.73
MN VALLEY ELECTRIC COOP 6,393.94
mpix.com 09/14/2018 101-1220-4300 Dept Station Photos 126.02
Accounts Payable - Check Detail-ACH (10/12/2018 - 9:28 AM)Page 6 of 11
Name Check D Account Description Amount
mpix.com 126.02
MyBinding.com 09/14/2018 101-1170-4110 Lamination supplies 373.22
MyBinding.com 09/14/2018 101-1170-4110 Lamination supplies 227.19
MyBinding.com 09/14/2018 101-1170-4110 Lamination supplies - returned -373.22
MyBinding.com 227.19
MyFonts Inc 09/14/2018 101-1170-4110 Billed wrong customer -128.69
MyFonts Inc -128.69
NAPA AUTO & TRUCK PARTS 10/04/2018 700-0000-4120 Fuel, Air and Oil Filters 115.49
NAPA AUTO & TRUCK PARTS 10/04/2018 101-1320-4120 Gloves 11.98
NAPA AUTO & TRUCK PARTS 10/04/2018 101-1550-4120 Gloves 119.80
NAPA AUTO & TRUCK PARTS 10/04/2018 701-0000-4120 Fittings 7.50
NAPA AUTO & TRUCK PARTS 254.77
Northern Tool+Equipment 09/14/2018 101-1550-4120 Tape measures, Ratchets, Square Tube Jack Base, Cambuckle 206.35
Northern Tool+Equipment 206.35
Nuss Truck & Equipment 10/04/2018 101-1320-4140 Lamp, Flasher, parts 88.74
Nuss Truck & Equipment 88.74
Office Max/Office Depot 09/14/2018 101-1180-4110 Stapler value pack 89.78
Office Max/Office Depot 09/14/2018 101-1180-4110 Clip Dispensers 45.11
Office Max/Office Depot 09/14/2018 101-1530-4130 Letters, Display board 27.55
Office Max/Office Depot 09/14/2018 700-0000-4150 File Folders, Hanging file folders 209.35
Office Max/Office Depot 09/14/2018 700-0000-4310 Chargers 38.45
Office Max/Office Depot 410.24
O'Reilly Auto Parts 09/14/2018 101-1220-4290 16oz Bug&Tar 6.65
O'Reilly Auto Parts 6.65
O'Reilly Automotive Inc 10/11/2018 700-0000-4150 misc parts/supplies 8.32
O'Reilly Automotive Inc 10/11/2018 101-1550-4140 misc parts/supplies 57.09
O'Reilly Automotive Inc 10/11/2018 101-1220-4140 misc parts/supplies 29.17
O'Reilly Automotive Inc 10/11/2018 101-1220-4120 misc parts/supplies 4.41
O'Reilly Automotive Inc 98.99
PARROTT CONTRACTING INC 10/11/2018 420-0000-4751 Repair 3 ea catch basins 1,762.17
PARROTT CONTRACTING INC 1,762.17
Pizzaioli 09/14/2018 101-1530-4370 Staff Training 30.39
Pizzaioli 30.39
Potbelly Sandwich Shop 09/14/2018 101-1180-4370 Food for Head Judge Meetings - Elections 128.53
Potbelly Sandwich Shop 09/14/2018 101-1180-4370 Elections - food (Kim) 13.21
Accounts Payable - Check Detail-ACH (10/12/2018 - 9:28 AM)Page 7 of 11
Name Check D Account Description Amount
Potbelly Sandwich Shop 09/14/2018 101-1180-4370 Lunch for all Precincts at Primary - Elections 136.29
Potbelly Sandwich Shop 09/14/2018 101-1180-4370 Lunch for all Precincts at Primary - Elections 102.42
Potbelly Sandwich Shop 09/14/2018 101-1180-4370 Lunch for all Precincts at Primary - Elections 68.28
Potbelly Sandwich Shop 09/14/2018 101-1180-4370 Lunch for all Precincts at Primary - Elections 220.00
Potbelly Sandwich Shop 09/14/2018 101-1180-4370 Lunch for all Precincts at Primary - Elections 113.81
Potbelly Sandwich Shop 09/14/2018 101-1180-4370 Lunch for all Precincts at Primary - Elections 102.42
Potbelly Sandwich Shop 09/14/2018 700-7050-4300 food for 1 instructor for class 10.15
Potbelly Sandwich Shop 09/14/2018 700-7050-4300 food for class 6.17
Potbelly Sandwich Shop 901.28
PRAIRIE RESTORATIONS INC 10/11/2018 720-7202-4300 Pheasant Hills Knotweed Spray 120.00
PRAIRIE RESTORATIONS INC 120.00
Printrunner.com 09/14/2018 101-1530-4130 3 part Order Forms 99.96
Printrunner.com 99.96
Pro-Tec Design, Inc.10/04/2018 700-0000-4300 Motions tripped by sheriff, need to reset, system is in test 374.00
Pro-Tec Design, Inc.10/04/2018 700-7050-4300 WWTP - Change order to cancel monitoring -240.00
Pro-Tec Design, Inc.10/04/2018 101-1160-4300 HIGH - Milestone Husky 50, HD error 682.00
Pro-Tec Design, Inc.10/04/2018 101-1160-4300 ticket# 113618/HIGH - Milestone Husky 50, HD error -682.00
Pro-Tec Design, Inc.10/11/2018 101-1160-4300 City Hal Camera repair 550.00
Pro-Tec Design, Inc.10/11/2018 101-1160-4300 Credit for Labor Hours - Warranty -264.00
Pro-Tec Design, Inc. 420.00
Richfield Bus Company 09/14/2018 101-1560-4300 Transportation to Gurthrie Theater 639.50
Richfield Bus Company 639.50
Rotary Club 09/14/2018 101-1520-4360 Todd Hoffman monthly membership 53.00
Rotary Club 09/14/2018 101-1120-4360 Todd Gerhardt's monthly membership 53.00
Rotary Club 106.00
Safetysign.com 09/14/2018 700-7050-4705 Fire Sprinkler sign 11.19
Safetysign.com 11.19
Sam's Club 09/14/2018 101-1560-4130 Bundt Cake 23.94
Sam's Club 09/14/2018 101-1560-4130 Chips, Cookies, Jet Dry, Cascade, Water 51.47
Sam's Club 75.41
SCH ENTERPRISES LLC 09/14/2018 410-0000-4705 Eclipse series Umbrella 2,091.42
SCH ENTERPRISES LLC 2,091.42
SCHMIEG DEAN 10/04/2018 101-1370-4350 PW Cleaning 945.00
SCHMIEG DEAN 10/04/2018 700-0000-4350 PW Cleaning 118.15
SCHMIEG DEAN 10/04/2018 701-0000-4350 PW Cleaning 118.10
SCHMIEG DEAN 1,181.25
Science Museum of MN parking 09/14/2018 101-1220-4370 Parking Fee - Imagetrend Conf 9.00
Accounts Payable - Check Detail-ACH (10/12/2018 - 9:28 AM)Page 8 of 11
Name Check D Account Description Amount
Science Museum of MN parking 09/14/2018 101-1220-4370 Parking Fee - Imagetrend Conf 12.00
Science Museum of MN parking 09/14/2018 101-1220-4370 Parking Fee - Imagetrend Conf 11.00
Science Museum of MN parking 32.00
ShareFile 09/14/2018 101-1160-4300 Sharefile Quarterly Renewal - Q3 526.50
ShareFile 526.50
SRF CONSULTING GROUP INC 10/04/2018 101-1310-4300 Century Blvd/Corp Place Ped Crossing Study 227.50
SRF CONSULTING GROUP INC 227.50
STICHA GREG 10/04/2018 101-1130-4370 Mileage - GFOA Conference 143.88
STICHA GREG 143.88
Target 09/14/2018 101-1180-4110 Dec Contain 6.44
Target 09/14/2018 101-1180-4110 Power Strips 32.16
Target 09/14/2018 101-1540-4130 Thermometer, Food storage 33.14
Target 09/14/2018 101-1731-4130 Reddi Whip, Bob Pool Game 57.06
Target 09/14/2018 101-1530-4130 Markers, Crayons, Tape, Presentation board 25.15
Target 09/14/2018 101-1616-4130 PG Snack 1.71
Target 09/14/2018 101-1616-4130 Playground supplies - sunscreen, sanitizer, water balloon toys 131.80
Target 09/14/2018 101-1618-4130 Penny Carnival - Candy, pop, glass jar, paper lunch bags 143.60
Target 09/14/2018 101-1731-4130 Lake Ann Adventure Camp supplies 243.70
Target 09/14/2018 101-1731-4130 Lake Ann Camp- iHome speaker, Spatulas, Plates 65.30
Target 09/14/2018 101-1731-4130 Griddle 26.83
Target 09/14/2018 700-0000-4150 HeyDay USB cable 10.73
Target 09/14/2018 720-0000-4120 Pretzels, Trail Mix, Veggie Straws for Splash Bash 25.20
Target 802.82
Tessco 09/14/2018 701-0000-4530 1/2" N Male LDF4/HL4/AL4 169.36
Tessco 169.36
The Lock People 09/14/2018 700-7050-4706 Rekeyable Padlocks 368.35
The Lock People 368.35
TouchPoint Logic LLC 10/04/2018 101-1160-4300 Service Call - Lost Audio on Broadcast 100.00
TouchPoint Logic LLC 100.00
Uline.com 09/14/2018 101-1170-4110 Boot Scraper - Public Safety door/hallway 65.95
Uline.com 65.95
ULTIMATE CONTROLS ELECTRIC LLC 10/04/2018 700-7050-4705 Chanhassen Svc Work - West Water Plant, Well 2 and 4 500.00
ULTIMATE CONTROLS ELECTRIC LLC 10/04/2018 700-0000-4550 Chanhassen Svc Work - West Water Plant, Well 2 and 4 640.00
ULTIMATE CONTROLS ELECTRIC LLC 1,140.00
United Parcel Service 09/14/2018 101-1170-4300 shipping for returned item to Laminator 75.12
United Parcel Service 09/14/2018 101-1170-4300 cost for having package picked up at city hall - Laminator 5.80
United Parcel Service 09/14/2018 700-0000-4330 shipped a chemical feed pump to Sioux Valley Environmental 15.20
Accounts Payable - Check Detail-ACH (10/12/2018 - 9:28 AM)Page 9 of 11
Name Check D Account Description Amount
United Parcel Service 96.12
UNITED WAY 10/11/2018 101-0000-2006 PR Batch 00412.10.2018 United Way 28.40
UNITED WAY 28.40
VERIZON WIRELESS 10/04/2018 101-1550-4310 phone charges 8/19/18-9/18/18 482.50
VERIZON WIRELESS 10/04/2018 101-1550-4120 phone charges 8/19/18-9/18/18 309.99
VERIZON WIRELESS 10/04/2018 101-1520-4310 phone charges 8/19/18-9/18/18 51.42
VERIZON WIRELESS 10/04/2018 101-1600-4310 phone charges 8/19/18-9/18/18 173.22
VERIZON WIRELESS 10/04/2018 101-1530-4310 phone charges 8/19/18-9/18/18 51.42
VERIZON WIRELESS 10/04/2018 101-0000-2006 phone charges 8/19/18-9/18/18 10.00
VERIZON WIRELESS 10/04/2018 700-0000-4310 phone charges 8/19/18-9/18/18 808.33
VERIZON WIRELESS 10/04/2018 701-0000-4310 phone charges 8/19/18-9/18/18 644.56
VERIZON WIRELESS 10/04/2018 720-0000-4310 phone charges 8/19/18-9/18/18 118.17
VERIZON WIRELESS 10/04/2018 101-1160-4310 phone charges 8/19/18-9/18/18 112.84
VERIZON WIRELESS 10/04/2018 101-1120-4310 phone charges 8/19/18-9/18/18 374.34
VERIZON WIRELESS 10/04/2018 101-1170-4310 phone charges 8/19/18-9/18/18 31.74
VERIZON WIRELESS 10/04/2018 101-1260-4310 phone charges 8/19/18-9/18/18 103.49
VERIZON WIRELESS 10/04/2018 101-1130-4310 phone charges 8/19/18-9/18/18 51.42
VERIZON WIRELESS 10/04/2018 101-1250-4310 phone charges 8/19/18-9/18/18 144.58
VERIZON WIRELESS 10/04/2018 101-1310-4310 phone charges 8/19/18-9/18/18 270.17
VERIZON WIRELESS 10/04/2018 101-1370-4310 phone charges 8/19/18-9/18/18 119.90
VERIZON WIRELESS 10/04/2018 101-1320-4310 phone charges 8/19/18-9/18/18 391.57
VERIZON WIRELESS 10/04/2018 101-1220-4310 phone charges 8/19/18-9/18/18 487.95
VERIZON WIRELESS 10/04/2018 101-1220-4310 phone charges 8/19/18-9/18/18 40.01
VERIZON WIRELESS 4,777.62
Viking Electric Supply 09/14/2018 701-0000-4150 Billed wrong customer -67.01
Viking Electric Supply -67.01
Walgreens 09/14/2018 101-1731-4130 Internet Photo 9.21
Walgreens 9.21
Wal-Mart 09/14/2018 101-1731-4130 Fabric Dye, Tarp, Wave Hoop 64.03
Wal-Mart 09/14/2018 101-1731-4130 Hammers, Ice Cream 27.30
Wal-Mart 09/14/2018 101-1220-4290 Picture frames 43.88
Wal-Mart 135.21
Warning Lites of Minnesota, Inc.10/11/2018 101-1320-4410 Rental - Barricades, Road Closed, Cones 330.00
Warning Lites of Minnesota, Inc. 330.00
WASHBURN DANIELLE 10/04/2018 101-1130-4370 Mileage - GFOA Conference 53.96
WASHBURN DANIELLE 53.96
WM MUELLER & SONS INC 10/04/2018 420-0000-4751 Asphalt Tack 631.75
WM MUELLER & SONS INC 10/04/2018 420-0000-4751 Asphalt Plant 172.98
WM MUELLER & SONS INC 10/04/2018 420-0000-4751 Asphalt Plant 338.30
WM MUELLER & SONS INC 10/04/2018 420-0000-4751 Asphalt Plant 681.70
Accounts Payable - Check Detail-ACH (10/12/2018 - 9:28 AM)Page 10 of 11
Name Check D Account Description Amount
WM MUELLER & SONS INC 10/11/2018 420-0000-4751 Asphalt Plant 350.20
WM MUELLER & SONS INC 10/11/2018 700-0000-4552 Asphalt Plant 463.17
WM MUELLER & SONS INC 10/11/2018 700-0000-4552 Pond Excavation 216.00
WM MUELLER & SONS INC 10/11/2018 700-0000-4550 Asphalt Plant 908.73
WM MUELLER & SONS INC 3,762.83
WSB & ASSOCIATES INC 10/11/2018 601-6033-4752 Park Road Mill and Overlay - svc August 2018 150.00
WSB & ASSOCIATES INC 10/11/2018 601-6038-4752 Orchard Lane Area Street/Utility Recon Proj 18-01 - Aug 2018 4,438.00
WSB & ASSOCIATES INC 10/11/2018 601-6032-4752 Street Reconstruction Proj 16-01 - Aug 2018 562.00
WSB & ASSOCIATES INC 10/11/2018 101-1310-4300 2018 GIS Support Services - svc August 2018 1,404.00
WSB & ASSOCIATES INC 10/11/2018 701-0000-4300 OMS Sewer Televising History Import - svc August 2018 312.00
WSB & ASSOCIATES INC 10/11/2018 101-1310-4300 OMS Pavement Distress History Import - svc August 2018 936.00
WSB & ASSOCIATES INC 7,802.00
WW GRAINGER INC 10/11/2018 101-1190-4510 Lever Switch 47.46
WW GRAINGER INC 47.46
XCEL ENERGY INC 10/04/2018 101-1600-4320 electricity charges 172.36
XCEL ENERGY INC 10/04/2018 101-1540-4320 electricity charges 586.23
XCEL ENERGY INC 10/04/2018 101-1600-4320 electricity charges 51.05
XCEL ENERGY INC 10/04/2018 101-1550-4320 electricity charges -181.02
XCEL ENERGY INC 10/04/2018 101-1350-4320 electricity charges 17,161.30
XCEL ENERGY INC 10/04/2018 701-0000-4320 electricity charges 6,640.92
XCEL ENERGY INC 10/04/2018 700-0000-4320 electricity charges 4,240.57
XCEL ENERGY INC 28,671.41
158,442.58
Accounts Payable - Check Detail-ACH (10/12/2018 - 9:28 AM)Page 11 of 11