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CC Packet 2013 06 10AGENDA CHANHASSEN CITY COUNCIL MONDAY, JUNE 10, 2013 CHANHASSEN CITY HALL, 7700 MARKET BOULEVARD CITY COUNCIL WORK SESSION, FOUNTAIN CONFERENCE ROOM Note: If the City Council does not complete the work session items in the time allotted, the remaining items will be considered after the regular agenda. 2012 Audit Report Review 2012 Audit Report, Dave Mol and Andy Herring, HLB Tautges Redpath. review 2012 audit.pdf Park & Recreation Commission Interview Applicants for Youth Representatives. park and rec com youth rep interviews.pdf 2014 Street Improvements, Project 14 -01 Overview of Project. overview of proposed 2014 street improvement project.pdf REGULAR MEETING, CITY COUNCIL CHAMBERS CALL TO ORDER (PLEDGE OF ALLEGIANCE) PUBLIC ANNOUNCEMENTS CONSENT AGENDA All items listed under the Consent Agenda are considered to be routine by the City Council and will be considered under 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 staff's recommendation for each item. Refer to the council packet for each staff report. Approval of City Council Minutes dated May 28, 2013 Work Session Summary Minutes Summary Minutes Verbatim Minutes 05 -28 -13 -cc-ws.pdf, 05 -28 -13 -cc-sum.pdf, 05 -28 -13 -cc.pdf Receive Planning Commission Minutes dated May 21, 2013 Summary Minutes Verbatim Minutes 05 -21 -13 -pc-sum.pdf, 05 -21 -13 -pc.pdf Lift Station 10 Improvements, Project 13 -07 Approve Consultant Contract. lift station 10_ approve consultant contract.pdf 2014 Street Improvement Project 14 -01 Approve Consultant Contract. 2014 street improvement project_ approve consultant contract and auth preparation of feasibility study.pdf TH 101 (Lyman to Pioneer) Project 12 -06 Amend Consultant Contract with Kimley -Horn for Final Design. th 101 project 12-06 amend consultant contract.pdf Lot 4, Block 1, Wynsong Approve Dedication of Drainage and Utility Easement wynsong_ approve drainage and utility easement.pdf Item Deleted Approve Lease Amendment with Verizon Wireless, 500 West 76th Street. Sinclair Redevelopment Project, 7910 Dakota Avenue Approve Purchase Agreement with Center Companies for Excess Right -of-Way center companies purchase agreement sinclair site.pdf First Step Daycare Approve Special Assessment Agreement to Finance SAC Fees. special assmt agreement next steps learning center.pdf Chanhassen Rotary Club Approve Temporary On -Sale Liquor License; July 2, 2013; Community Bank Customer Appreciation Celebration temporary onsale license rotary 7-2 -13.pdf VISITOR PRESENTATIONS See guidelines for Visitor Presentations at the end of the agenda. PUBLIC HEARINGS UNFINISHED BUSINESS NEW BUSINESS Bluff Creek Woods Request to Rezone 3.57 Acres of Land from Agricultural Estate District (A-2) to Single - Family Residential District (RSF); Subdivision with Variances for the Construction of a Private Street and Use of a Neck Lot; and a Conditional Use Permit to Allow Development within the Bluff Creek Overlay District; 7331 Hazeltine Boulevard; Applicant: Martin Schutrop. bluff creek woods.pdf Chuck Worm, 760 West 96th Street Request for a Variance from Section 20-904(a)(1) of Chanhassen City Code to Construct an Accessory Structure in Excess of 1,000 sq. ft. on Property Zoned Agricultural Estate District (A-2). 760 west 96th street variance.pdf COUNCIL PRESENTATIONS ADMINISTRATIVE PRESENTATIONS CORRESPONDENCE PACKET correspondence packet.pdf ADJOURNMENT GUIDE FOR VISITOR PRESENTATIONS Welcome to the Chanhassen City Council meeting. In the interest of open communications, the Chanhassen City Council wishes to provide an opportunity for the public to address the City Council. That opportunity is provided at every regular City Council meeting during Visitor Presentations . 1.Anyone indicating a desire to speak during Visitor Presentations will be acknowledged by the Mayor. When called upon to speak, state your name, address, and topic. All remarks shall be addressed to the City Council as a whole, not to any specific member(s) or to any person who is not a member of the City Council. 2.If there are a number of individuals present to speak on the same topic, please designate a spokesperson that can summarize the issue. 3.Limit your comments to 5 minutes. Additional time may be granted at the discretion of the Mayor. If you have written comments, provide a copy to the council. 4.During Visitor Presentations, the council and staff listen to comments and will not engage in discussion. Council members or the City Manager may ask questions of you in order to gain a thorough understanding of your concern, suggestion, or request. 5.Please be aware that disrespectful comments or comments of a personal nature, directed at an individual either by name or inference, will not be allowed. Personnel concerns should be directed to the City Manager. Members of the City Council and some staff members may gather at Brindisi's Pub, 501 West 78th Street in Chanhassen immediately after the meeting for a purely social event. Members of the public are welcome. A.5:30 P.M. 1. Documents: 2. Documents: 3. Documents: B.7:00 P.M. C. D. E. 1. Documents: 2. Documents: 3. Documents: 4. Documents: 5. Documents: 6. Documents: 7. 8. Documents: 9. Documents: 10. Documents: F. G. H. I. 1. Documents: 2. Documents: J. K. L. Documents: M. AGENDA CHANHASSEN CITY COUNCIL MONDAY, JUNE 10, 2013 CHANHASSEN CITY HALL, 7700 MARKET BOULEVARD CITY COUNCIL WORK SESSION, FOUNTAIN CONFERENCE ROOM Note: If the City Council does not complete the work session items in the time allotted, the remaining items will be considered after the regular agenda.2012 Audit Report Review 2012 Audit Report, Dave Mol and Andy Herring, HLB Tautges Redpath.review 2012 audit.pdf Park & Recreation Commission Interview Applicants for Youth Representatives.park and rec com youth rep interviews.pdf 2014 Street Improvements, Project 14 -01 Overview of Project.overview of proposed 2014 street improvement project.pdf REGULAR MEETING, CITY COUNCIL CHAMBERS CALL TO ORDER (PLEDGE OF ALLEGIANCE)PUBLIC ANNOUNCEMENTS CONSENT AGENDA All items listed under the Consent Agenda are considered to be routine by the City Council and will be considered under 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 staff's recommendation for each item. Refer to the council packet for each staff report.Approval of City Council Minutes dated May 28, 2013 Work Session Summary Minutes Summary Minutes Verbatim Minutes 05 -28 -13 -cc-ws.pdf, 05 -28 -13 -cc-sum.pdf, 05 -28 -13 -cc.pdf Receive Planning Commission Minutes dated May 21, 2013 Summary Minutes Verbatim Minutes 05 -21 -13 -pc-sum.pdf, 05 -21 -13 -pc.pdf Lift Station 10 Improvements, Project 13 -07 Approve Consultant Contract. lift station 10_ approve consultant contract.pdf 2014 Street Improvement Project 14 -01 Approve Consultant Contract. 2014 street improvement project_ approve consultant contract and auth preparation of feasibility study.pdf TH 101 (Lyman to Pioneer) Project 12 -06 Amend Consultant Contract with Kimley -Horn for Final Design. th 101 project 12-06 amend consultant contract.pdf Lot 4, Block 1, Wynsong Approve Dedication of Drainage and Utility Easement wynsong_ approve drainage and utility easement.pdf Item Deleted Approve Lease Amendment with Verizon Wireless, 500 West 76th Street. Sinclair Redevelopment Project, 7910 Dakota Avenue Approve Purchase Agreement with Center Companies for Excess Right -of-Way center companies purchase agreement sinclair site.pdf First Step Daycare Approve Special Assessment Agreement to Finance SAC Fees. special assmt agreement next steps learning center.pdf Chanhassen Rotary Club Approve Temporary On -Sale Liquor License; July 2, 2013; Community Bank Customer Appreciation Celebration temporary onsale license rotary 7-2 -13.pdf VISITOR PRESENTATIONS See guidelines for Visitor Presentations at the end of the agenda. PUBLIC HEARINGS UNFINISHED BUSINESS NEW BUSINESS Bluff Creek Woods Request to Rezone 3.57 Acres of Land from Agricultural Estate District (A-2) to Single - Family Residential District (RSF); Subdivision with Variances for the Construction of a Private Street and Use of a Neck Lot; and a Conditional Use Permit to Allow Development within the Bluff Creek Overlay District; 7331 Hazeltine Boulevard; Applicant: Martin Schutrop. bluff creek woods.pdf Chuck Worm, 760 West 96th Street Request for a Variance from Section 20-904(a)(1) of Chanhassen City Code to Construct an Accessory Structure in Excess of 1,000 sq. ft. on Property Zoned Agricultural Estate District (A-2). 760 west 96th street variance.pdf COUNCIL PRESENTATIONS ADMINISTRATIVE PRESENTATIONS CORRESPONDENCE PACKET correspondence packet.pdf ADJOURNMENT GUIDE FOR VISITOR PRESENTATIONS Welcome to the Chanhassen City Council meeting. In the interest of open communications, the Chanhassen City Council wishes to provide an opportunity for the public to address the City Council. That opportunity is provided at every regular City Council meeting during Visitor Presentations . 1.Anyone indicating a desire to speak during Visitor Presentations will be acknowledged by the Mayor. When called upon to speak, state your name, address, and topic. All remarks shall be addressed to the City Council as a whole, not to any specific member(s) or to any person who is not a member of the City Council. 2.If there are a number of individuals present to speak on the same topic, please designate a spokesperson that can summarize the issue. 3.Limit your comments to 5 minutes. Additional time may be granted at the discretion of the Mayor. If you have written comments, provide a copy to the council. 4.During Visitor Presentations, the council and staff listen to comments and will not engage in discussion. Council members or the City Manager may ask questions of you in order to gain a thorough understanding of your concern, suggestion, or request. 5.Please be aware that disrespectful comments or comments of a personal nature, directed at an individual either by name or inference, will not be allowed. Personnel concerns should be directed to the City Manager. Members of the City Council and some staff members may gather at Brindisi's Pub, 501 West 78th Street in Chanhassen immediately after the meeting for a purely social event. Members of the public are welcome. A.5:30 P.M.1.Documents:2.Documents:3.Documents:B.7:00 P.M.C.D.E.1.Documents:2.Documents: 3. Documents: 4. Documents: 5. Documents: 6. Documents: 7. 8. Documents: 9. Documents: 10. Documents: F. G. H. I. 1. Documents: 2. Documents: J. K. L. Documents: M. AGENDA CHANHASSEN CITY COUNCIL MONDAY, JUNE 10, 2013 CHANHASSEN CITY HALL, 7700 MARKET BOULEVARD CITY COUNCIL WORK SESSION, FOUNTAIN CONFERENCE ROOM Note: If the City Council does not complete the work session items in the time allotted, the remaining items will be considered after the regular agenda.2012 Audit Report Review 2012 Audit Report, Dave Mol and Andy Herring, HLB Tautges Redpath.review 2012 audit.pdf Park & Recreation Commission Interview Applicants for Youth Representatives.park and rec com youth rep interviews.pdf 2014 Street Improvements, Project 14 -01 Overview of Project.overview of proposed 2014 street improvement project.pdf REGULAR MEETING, CITY COUNCIL CHAMBERS CALL TO ORDER (PLEDGE OF ALLEGIANCE)PUBLIC ANNOUNCEMENTS CONSENT AGENDA All items listed under the Consent Agenda are considered to be routine by the City Council and will be considered under 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 staff's recommendation for each item. Refer to the council packet for each staff report.Approval of City Council Minutes dated May 28, 2013 Work Session Summary Minutes Summary Minutes Verbatim Minutes 05 -28 -13 -cc-ws.pdf, 05 -28 -13 -cc-sum.pdf, 05 -28 -13 -cc.pdf Receive Planning Commission Minutes dated May 21, 2013 Summary Minutes Verbatim Minutes 05 -21 -13 -pc-sum.pdf, 05 -21 -13 -pc.pdf Lift Station 10 Improvements, Project 13 -07 Approve Consultant Contract.lift station 10_ approve consultant contract.pdf 2014 Street Improvement Project 14 -01 Approve Consultant Contract.2014 street improvement project_ approve consultant contract and auth preparation of feasibility study.pdf TH 101 (Lyman to Pioneer) Project 12 -06 Amend Consultant Contract with Kimley -Horn for Final Design.th 101 project 12-06 amend consultant contract.pdf Lot 4, Block 1, Wynsong Approve Dedication of Drainage and Utility Easement wynsong_ approve drainage and utility easement.pdf Item Deleted Approve Lease Amendment with Verizon Wireless, 500 West 76th Street.Sinclair Redevelopment Project, 7910 Dakota Avenue Approve Purchase Agreement with Center Companies for Excess Right -of-Way center companies purchase agreement sinclair site.pdf First Step Daycare Approve Special Assessment Agreement to Finance SAC Fees.special assmt agreement next steps learning center.pdf Chanhassen Rotary Club Approve Temporary On -Sale Liquor License; July 2, 2013; Community Bank Customer Appreciation Celebration temporary onsale license rotary 7-2 -13.pdf VISITOR PRESENTATIONS See guidelines for Visitor Presentations at the end of the agenda.PUBLIC HEARINGS UNFINISHED BUSINESS NEW BUSINESS Bluff Creek Woods Request to Rezone 3.57 Acres of Land from Agricultural Estate District (A-2) to Single -Family Residential District (RSF); Subdivision with Variances for the Construction of a Private Street and Use of a Neck Lot; and a Conditional Use Permit to Allow Development within the Bluff Creek Overlay District; 7331 Hazeltine Boulevard; Applicant: Martin Schutrop.bluff creek woods.pdf Chuck Worm, 760 West 96th Street Request for a Variance from Section 20-904(a)(1) of Chanhassen City Code to Construct an Accessory Structure in Excess of 1,000 sq. ft. on Property Zoned Agricultural Estate District (A-2). 760 west 96th street variance.pdf COUNCIL PRESENTATIONS ADMINISTRATIVE PRESENTATIONS CORRESPONDENCE PACKET correspondence packet.pdf ADJOURNMENT GUIDE FOR VISITOR PRESENTATIONS Welcome to the Chanhassen City Council meeting. In the interest of open communications, the Chanhassen City Council wishes to provide an opportunity for the public to address the City Council. That opportunity is provided at every regular City Council meeting during Visitor Presentations . 1.Anyone indicating a desire to speak during Visitor Presentations will be acknowledged by the Mayor. When called upon to speak, state your name, address, and topic. All remarks shall be addressed to the City Council as a whole, not to any specific member(s) or to any person who is not a member of the City Council. 2.If there are a number of individuals present to speak on the same topic, please designate a spokesperson that can summarize the issue. 3.Limit your comments to 5 minutes. Additional time may be granted at the discretion of the Mayor. If you have written comments, provide a copy to the council. 4.During Visitor Presentations, the council and staff listen to comments and will not engage in discussion. Council members or the City Manager may ask questions of you in order to gain a thorough understanding of your concern, suggestion, or request. 5.Please be aware that disrespectful comments or comments of a personal nature, directed at an individual either by name or inference, will not be allowed. Personnel concerns should be directed to the City Manager. Members of the City Council and some staff members may gather at Brindisi's Pub, 501 West 78th Street in Chanhassen immediately after the meeting for a purely social event. Members of the public are welcome. A.5:30 P.M.1.Documents:2.Documents:3.Documents:B.7:00 P.M.C.D.E.1.Documents:2.Documents:3.Documents:4.Documents:5.Documents:6.Documents:7.8.Documents:9.Documents:10.Documents:F.G.H.I.1.Documents: 2. Documents: J. K. L. Documents: M. CY Of TheFinance Department just finished another audit cycle. Dave Mol and Andy Fax 952.227.1190 Herringfrom HLB Tautges Redpath will be present to review the financial results MEMORANDUM CHANHASSEN Engineering Phone: 952.227.1160 TO:Mayor & City Council 7700 Market Boulevard Finance The financial statements take into account the city's entire financialpicture and PO Box 147 FROM:Greg Sticha, Finance Director G S. Chanhassen, MN 55317 revenues andexpenses by function. Park & Recreation DATE:June 10, 2013 Administration Fax: 952.227.1110 Phora 952.227.1100 SUBJ:Review 2012 Audit Fax: 952.227.1110 Phone: 952.227.1400 There are threereports that HLB TautgesRedpathcompletes for the city as part of Building Inspections Phone, 952.227.1180 TheFinance Department just finished another audit cycle. Dave Mol and Andy Fax 952.227.1190 Herringfrom HLB Tautges Redpath will be present to review the financial results and audit findings for 2012. Engineering Phone: 952.227.1160 BACKGROUND Fax: 952.227.1170 Finance The financial statements take into account the city's entire financialpicture and Phone: 952.2271140 are in a format similar to a proprietary or for -profit organization. Thisincludes a Fax: 952.227.1110 statement of activities that break out the primary government and proprietary revenues and expenses by function. Park & Recreation Phone: 952.2271120 For 2012, the General Fund finished with a $617,919 increase in fund balance.Fax: 952.227.1110 Staff would recommend that this surplus be transferred to the Revolving Recreation Center Assessment Construction Fund as in years past. 2310 Coulter Boulevard Phone: 952.227.1400 There are threereports that HLB TautgesRedpath completes for the city as part of Fax: 952 227,1404 the audit. Attached are copies of all three reports and representatives from HLB Tautges Redpath will review each report with the city council. In addition, they Planning & Natural Resources g will be reviewing a PowerPoint that will give some insight on how a number of Phone 952.227.1130 various funds finished the 2012 audit year. Fax: 952.227.1110 ATTACHMENTS Public Works 7901Park Place 1. Compliance with Minnesota Legal Compliance Guide for Local Phone: 952 2271300 GovernmentsReport Fax: 952.2271310 2. Internal Controlsover Financial Reporting Senior Center 3. Communication with ThoseCharged with Governance Report Phone: 952, 227.1125 Fax: 952.227.1110 Web Site www.ci. cha nhassem mm us E \gregs \audit\2012\review of 2012 audit.docx FA Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow TAuTGEs REDPATH, LTD. CertifiedPublic Accountants MINNESOTA LEGAL COMPLIANCE REPORT To the Honorable Mayor and Members of the City Council City of Chanhassen, Minnesota Wehave audited, in accordance with auditing standards generally accepted in the United States of America, the financial statements of the governmental activities, the business -type activities, each major fund and the aggregate remaining fund information of the City of Chanhassen, Minnesota, as of and for the year ended December 31, 2012, and the related notesto the financial statements, and have issued our report thereon dated May 21, 2013. The Minnesota Legal Compliance Audit Guide for Political Subdivisions, promulgated by the State Auditor pursuant to Minn. Stat. § 6.65, contains seven categories of compliance to be tested: contracting and bidding, deposits and investments, conflicts of interest, public indebtedness, claims and disbursements, miscellaneous provisions and tax increment financing. Our audit considered all of the listed categories. In connection with our audit, nothing came to ourattention that caused us to believe that the City of Chanhassen, Minnesota failed to comply with the provisions of the MinnesotaLegal Compliance Audit Guide for Political Subdivisions. However, our audit was not directed primarily toward obtainingknowledge of such noncompliance. Accordingly, had we performedadditionalprocedures, other mattersmay have come to our attentionregarding the City of Chanhassen, Minnesota's noncompliance with the above referenced provisions. This report is intended solely for the information and use of thosecharged with governance and management of the City of Chanhassen, Minnesota and the State Auditor andis not intended to be and shouldnot be used by anyone other thanthese specified parties. HLB TAUTGES REDPATH, LTD. May 21, 2013 4810 White Bear Parkway White Bear Lake, MN 55110 651,426.7000 651.426.5004 fax www.hlbtr.com Equal Opportunity Employer 100- PercentEmployee -Owned HLB Tames rsedperh Is a member of HLB International, a world -wlda notworx or independent accounting firms and business advisors. TAUTGEs REDPATH, LTD. Certified PublicAccountants INDEPENDENT AUDITOR'S REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GO VERNMENT A UDITING. STANDARDS To the Honorable Mayor, Members of the City Council and Management City of Chanhassen, Minnesota Wehave audited, in accordance with the auditing standards generally acceptedin the United States of America and thestandards applicable to financial audits containedin Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the governmental activities, the business -type activities, each majorfund and theaggregate remaining fund information of the City of Chanhassen, Minnesota, as of and for the year ended December 31, 2012, and the related notes tothe financial statements, whichcollectively comprise the City of Chanhassen, Minnesota's basic financial statements and have issued our report thereon dated May 21, 2013. Internal Control Over Financial Reporting In planning and performing our audit of the financial statements, we considered the City of Chanhassen, Minnesota's internal control over financial reporting (internalcontrol) to determine the audit procedures that are appropriate in the circumstances for thepurpose of expressing our opinions on the financial statements, butnot for the purpose of expressing an opinion on the effectiveness of the City of Chanhassen, Minnesota's internal control. Accordingly, we do not express an opinion onthe effectiveness of the City of Chanhassen, Minnesota's internal control. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control such that there is a reasonable possibility that a material misstatement of the entity's financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yetimportant enough to merit attentionby thosecharged with governance. Our consideration of internal control was for the limited purpose describedin the first paragraph of this section and was not designedto identify all deficiencies in internal control that might be material weaknesses orsignificant deficiencies and therefore, material weaknesses or significant deficiencies mayexist that were not identified. Given these 4810 White Bear ParkwayWhiteBear Lake, MN 55110 651.426.7000 651.426.5004 fax www.hlbtr.com Equal Opportunity Employer 100 - Percent Employee -Owned HLB Tarried Redpath Is a member of HLB International, a wrld -wide network of Independent a000unfingfirma and business advisors, City of Chanhassen, Minnesota Report on Internal Control Over Financial Reporting andon Compliance and Other Matters Page 2 limitations, duringouraudit we did not identify any deficiencies in internal control thatwe consider to be material weaknesses. However, material weaknesses may exist that have not been identified. We did identify a deficiency in internal control, described in the accompanying schedule of findings and responses as item 2012 -1 that we considerto be a significant deficiency. Compliance and Other Matters As part of obtaining reasonable assurance about whether the City of Chanhassen, Minnesota's financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts and grant agreements, noncompliance withwhich could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit and, and accordingly, we do not express such an opinion. The results of our tests disclosed noinstances of noncompliance orother matters that are required to be reported under Government Auditing Standards. City of Chanhassen, Minnesota's Response to Findings The City of Chanhassen, Minnesota's response to the finding identified in our audit is described in the accompanying schedule of findings and responses. The City of Chanhassen, Minnesota's response was not subjected to the auditing procedures applied in the audit of the financial statements and, accordingly, we expressno opinion on it. Purpose of this Report The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and notto provide an opinion on the effectiveness of the entity's internal control or on compliance. Thisreport is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity's internal control and compliance. Accordingly, this communication is not suitable for any other purpose. HLB TAUTGES REDPATH, LTD. May 21, 2013 CITY OF CHANHASSEN, MINNESOTA SCHEDULE OF FINDINGS AND RESPONSES For The Year Ended December 31, 2012 2012 -1 Financial Statement Corrections Criteria: Audit standards specify that a correction of any magnitude that couldoccur and not be detected by the City's controls be considered a deficiency in internal control. Condition: Audit staff detected corrections relating to accrued interest payable and the timing of revenue recognition on theTH101 Improvement project fromLyman Blvd toPioneer Trail. Cause: In our viewpoint, the guidance provided by audit standards regarding financial statement correctionscombined with the complexity of governmental accounting will result in most local governments receiving a finding in this regard. Effect: There is an increased risk that financial statement misstatementsmay occur. Recommendation: We recommend City staff continue toattemptto appropriately record these types of transactions. Views of Responsible Officials and Corrective Action Plan: It is theintent of the City's staff to minimize the number of audit adjustments neededeach year. TAUTGES REDPATH, LTD. Certified PublicAccountants COMMUNICATION WITH THOSE CHARGED WITH GOVERNANCE To the Honorable Mayor and Members of the City Council City of Chanhassen, Minnesota We have audited the financial statements of the governmental activities, the business- type activities, each major fund and theaggregate remaining fund information of the City of Chanhassen, Minnesota for the year ended December 31, 2012. Professional standards require that we provide you with information about our responsibilities under generally accepted auditing standardsand the standards applicable to financial audits contained in Government Auditing Standards, as well as certain information related to the planning scope and timing of our audit. We have communicated such information in our letter to you dated January 15, 2013. Professional standards also require that we communicate to you the following information related to our audit. Significant Audit Results Qualitative Aspects of Accounting Practices Management is responsible for the selection and use of appropriateaccounting policies. The significant accountingpolicies used by the City are described in Note 1 to the financial statements. No new accounting policies wereadopted and the application of existingpolicies was not changed during 2012. We noted no transactions entered into by the City during the year forwhich there is a lack of authoritative guidanceor consensus. All significant transactions have been recognized in the financial statements in the proper period. Accounting estimates are an integral part of the financial statements prepared by management and are based on management's knowledge and experience about past and current events and assumptions about future events. Certainaccounting estimates are particularly sensitive because of theirsignificance to the financial statementsand because of the possibility thatfuture events affecting them may differ significantly from those expected. The most sensitive estimate affecting the financial statements was management's estimate of the portion of construction projects which will be capitalized. This estimate is based on feasibility reports and estimates of the City Engineer. We evaluated the key factors and assumptions used todevelop this estimate in determiningthat it is reasonable in relation to the financial statements taken as a whole. The financial statement disclosures are neutral, consistent and clear. 4810 White BearParkwayWhiteBear Lake, MN 55110 651.426.7000 651.426.5004 fax www.hlbtr.com Equal Opportunity Employer 100- Percent Employee -Owned 1118 Tautges Redpeth Is a member of HLB International, a world -wide network of independent accounting firms and business advisors, City of Chanhassen, Minnesota Communication With ThoseCharged With Governance Page 2 Difficulties Encountered in Performing the Audit Weencountered no difficulties in dealing with management in performing and completing our audit. Corrected and Uncorrected Misstatements Professional standards require us to accumulate all known and likely misstatements identified during the audit, other thanthose that are clearly trivial, and communicate them to the appropriate level of management. We identified one known uncorrectedmisstatement of the financial statements: Certain bond discounts and issuance costs are not amortized over the life of the bond, but instead are recorded during the yearin which the bond was sold. As a result, assets and net assets of the business -type activities are understated by $63,000 at December 31, 2012. Management has determined that the effects of theabove misstatement are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. We agree with that conclusion. Management also corrected a $342,000 material misstatement relating to the timing of revenue recognition. This amount was originally recorded as revenue when received, but was reclassified as unearned revenue. In the future, these funds will be recognized as revenueonce corresponding expenditures are incurred. One additionalimmaterial adjustmentto accrued interestpayable was also recorded. Disagreements with Management For purposes of this letter, a disagreement with management is a financial accounting, reporting, or auditing matter, whether or notresolvedto our satisfaction, that could be significant to the financial statements or the auditor's report. We are pleased to report that no such disagreements arose during the course of our audit. Management Representations We have requested certain representations from management that are included in the managementrepresentation letter dated May 21, 2013. ManagementConsultations with Other IndependentAccountants In some cases, management may decide toconsult with other accountants about auditing and accounting matters, similar to obtaining a "second opinion" on certain situations. If a consultationinvolvesapplication of an accounting principle to the City's financial statements or a determination of the type of auditor's opinion thatmay beexpressedon those statements, ourprofessional standards require the consulting accountant to check with us todetermine City of Chanhassen, Minnesota Communication With ThoseCharged With Governance Page 3 that the consultant has all the relevant facts. Toour knowledge, therewere no such consultations with other accountants. Other Audit Findings or Issues We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to retention as the City's auditors. However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention. ImprovementRefunding Bonds, Series 2009A The payment schedule of 2009A bonds includes a $3,515,000 principal payment on February 1, 2014. The improvements funded by this bond issue included parcels that are expected to be developed in the future. The financing plan anticipates a special assessment prepayment related to these parcels to be collected in 2013to fund the February 1, 2014 principal payment. At December 31, 2012 the relateddebt service fund had a cash balance of 2,119,000. We recommend the City monitor the status of these parcels and determine an action plan in the event the special assessments are not collected inthe anticipated timeframe. Sewer Charges Audit procedures found one customer who was incorrectlybilled both residential and commercial sewer charges. City staff determined the customer was overbilled $9,572.57 during the period June 30, 2006 toOctober 31, 2012. The customer was issued a refund to their account in the form of a credit. According to City staff, a search was performedafter the overbilling was identified andno additional duplicate billings were found. Other Matters With respect to the supplementary information accompanying the financial statements, we made certain inquiries of management and evaluated the form, content, and methods of preparing the informationto determine that the information complies with accounting principles generally accepted in the United States of America, the method of preparing it has not changed from the prior period, and the information is appropriate and complete in relation to our audit of the financial statements. We compared and reconciled the supplementary information to the underlying accounting records used to prepare the financial statements or to the financial statements themselves. We also read the other information accompanying the financial statementsand did not identify any material inconsistencies between the other information and the audited financial statements. City of Chanhassen, Minnesota Communication With ThoseCharged With Governance Page 4 This information is intended solely for the information and use of the City of Chanhassen, Minnesota's City Council and management, and is not intended to be, and should not be, used by anyone other than these specified parties. HLB TAUTGES REDPATH, LTD. May 21, 2013 CITY of CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, AN55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.2271404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 7901 Park Place Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us MEMORANDUM TO: Mayor & City Council FROM: Todd Hoffinan, Park and Recreation Director N DATE: June 10, 2013 SUBJ: Park and Recreation Commission —Youth Representative Interviews On April 22, the City Council amended city code to allow the appointment of one or two youth representatives to the Park & Recreation Commission. Youth representatives will be voting members and serveone -year terms. On April 23, the Park and Recreation Commission modified their by -lawsto reflect this change. A press release announcing the new youth position(s) was distributed and letters were sent to area high school principals describing thisnew opportunity for area youth tobecome involved in park and recreation activities. Additional notifications wereposted on the city's web site and Facebook page. Applications were accepted through Friday, May 17 and two students applied. During tonight's work session, the council will interview the following applicants: 5:50p.m. — Jacob Stolar 6:05p.m. — Ryan Lynch Uponcompletion of the interviews, it is recommendedthat the City Council appoint one orboth individuals tothe Park and Recreation Commission. The first regularly scheduled meeting with youth representatives will be June 25 at 5:30p.m. ATTACHMENTS 1. Applications 2. Press Release 3. Letters to Area Principals 4. Modified Park and Recreation Commission By -Laws g: \park \th\commission \youth commission memo.doc Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow I Press Release City of Chanhassen Seeks Youth Members for Park and RecreationCommission April 22, 2013 The City of Chanhassen is seeking applicants for one or two youth commissioners onthe Chanhassen Parkand Recreation Commission. Applicants must be 16 to 18 years of age and reside in Chanhassen. Youth member terms will be for one year, serving from April to Marchannually. The Park and Recreation Commission is an advisorybodythat provides recommendations and advice to the City Council regarding parks, recreation and leisure services. Youth membership includes voting privileges on issues that come before the Park and Recreation Commission. The Park & Recreation Commission is responsible for: Thepreparation and maintenance of a comprehensive Parks andOpen Space Plan for the future development of the city park and recreation system that is submitted to the City Council for implementation. The preparation of an annual 5 -year Park and Trail Acquisition and Development Capital Improvement Plan (CIP) for delivery to the City Council. Evaluation and guidance regarding the city's annualspecial event series and recreation program offerings. Visit the City of Chanhassen's website to find and complete an on -line application to be considered for a youth position on the City of Chanhassen Park and Recreation Commission. Contact Todd Hoffman, Parkand Recreation Director at 952- 227 -1129 or at thoffinan@ci.chanhassen.mn.us/commissions for additional information. g:\park \th \commission \press release youth commissioner.doc My OF CBAIfBaSSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.2271100 Fax: 952.227.1110 Building Inspections Phone: 952.2271180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.2271110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.2271130 Fax: 952.2271110 Public Works 7901 Park Place Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us April 25, 2013 Dan Beckering, Head of School Southwest Christian High School 1981 Bavaria Road Chaska, MN 55318 Dear Dan: Please find enclosed a press release concerning a new program seeking youth members on the Chanhassen Park and Recreation Commission. This initiative, put forth by the Chanhassen City Council, is intended to provide an opportunity for youngpeople to engage in local governance. Young people serving on the commission will provide recommendations and advice to the City Council regardingparks, recreation and leisure services. Membership also includes votingprivileges on issues that come before the Park and Recreation Commission. Please forward thepress release describing this new opportunity to serve the Chanhassen community to the appropriate staff member(s). Interested candidates may apply online at www.ci.chanhassen.mn.us /commissions Sincerely, i Todd Hoffman Park and Recreation Director TH:k gapark \ih \commission \letter seeking youth commimionets.doc Chanhassen is a Community for life - Providing for Today andPlanning for Tomorrow 0 My OF 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.2271400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 7901Park Place Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us April 25, 2013 Tim Dorway, Principal Chanhassen High School 2200 Lyman Blvd. Chanhassen, MN 55317 Dear Tim: Please find enclosed a press release concerning a new program seeking youth membersonthe Chanhassen Park and Recreation Commission. This initiative, put forth by the Chanhassen City Council, is intended toprovide an opportunity for young people to engage in local governance. Young people serving on the commission will provide recommendations and advice to the City Council regarding parks, recreation and leisure services. Membership also includes voting privileges on issues that come before the Park and Recreation Commission. Please forward the pressrelease describing this new opportunity to serve the Chanhassen community to the appropriate staff member(s). Interested candidates may apply online at www. ci.chanhassen.mn.us/commissions Sincerely, Todd Hoffman Park and Recreation Director WIN g:\perk \th \commission\letter seeking youth commissioners.doe Chanhassen is a Community for Life - Providing for Today andPlanningfor Tomorrow CrfYOF CEMHhSSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 7901 Park Place Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us April 25, 2013 Dave Adney, Principal Minnetonka High School 18301 Highway 7 Minnetonka, MN 55345 Dear Dave: Please find enclosed a pressrelease concerning a new program seeking youth members on the Chanhassen Park and RecreationCommission. This initiative, put forth by the Chanhassen City Council, is intended to provide an opportunity for young people to engage in local governance. Young people serving on the commission will provide recommendations and advice to the City Council regarding parks, recreation and leisure services. Membership also includes voting privileges on issues thatcome before the Park and Recreation Commission. Please forward the pressrelease describing this new opportunity to serve the Chanhassen community to theappropriate staff member(s). Interested candidates may apply online at www. ci.chanhassen.mn.us/commissions Sincerely, Todd Hoffman Park and Recreation Director Iflai7 gApark\tMeommissionkletter seeking youth commissioners.doe Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow 0 Cliff OF April 25, 2013 7700 Market Boulevard Kathie Brown Principal p PO Box 147 Chanhassen, MN 55317 Holy Family Catholic High School Phone: 952.227.1160 8101 Kochia Lane Fax: 952.227.1170 Victoria, MN 55386 Administration regarding parks, recreation and leisure services. Membership also includes Phone: 952.227.1100 voting privilegeson issues that comebeforethe Park andRecreation Fax: 952.227.1110 Commission. Fax: 952.227.1110 Dear Kathie: Building Inspections Phone: 952.227.1180 Please find enclosed a press release concerning a new seeking Fax: 952.227.1190 program youth members onthe Chanhassen Park and Recreation Commission. This initiative, Engineering put forth by the Chanhassen City Council, isintended toprovide an opportunity Phone: 952.227.1160 for young people to engage in local governance. Young people p serving on the Fax: 952.227.1170 commission will provide recommendations and advice to the City Council regarding parks, recreation and leisure services. Membership also includes Finance voting privilegeson issues that comebeforethe Park and Recreation Phone: 952.227.1140 Commission. Fax: 952.227.1110 Park & Recreation Please forward the pressrelease describing this new opportunity to serve the Phone: 952.227.11 20 Chanhassen community to the appropriate staff member(s). Interested Fax:952.227.1110 candidates may apply online at www.ci.chanlmsen.mn.us/commissions Recreation Center 2310 Coulter Boulevard Sincerely, Phone: 952.227.1400 Fax: 952.227.1404 y9fJ Planning& 400 Natural Resources Todd Hoffman Phone: 952.227.1130 Park and Recreation Director Fax: 952.227.1110 TH:k Public Works 7901ParkPlace Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us g:\Park \th \commission \letter seeking youth commissioners.doc Chanhassen is a Community for Life - Providing for TodayandPlanningforTomorrow BYLAWS PARK AND RECREATIONCOMMISSION CITY OF CHANHASSEN The following bylaws are adopted by the Chanhassen Park and Recreation Commission to facilitate the performance of its duties and the exercising of its functions as a commission established by the City Council. Section 1: Duties And Responsibilities: 1.1 To hold meetings of its members, to consider such matters pertaining to parks and public recreationprograms in the City as shall be referred tothe Commission by the Council, or as the members of the Commission themselves deem proper. 1.2 To prepare a comprehensiveplan for the future development of the City park and recreation system, to be submitted tothe City Council for implementation, and to maintain saidplan, and recommend amendments to the plan to the City Council, as maybecome necessary or desirable. 1.3 To act in an advisory capacity tothe Councilin all matters relating to a park and recreation program in the City. 1.4 Establishment of Subcommittees: The Park and Recreation Commission may, as they deem appropriate, establish special subcommitteescomprised solely of their own members. Section 2: Meetings: 2.1 Time: Regular meetings of the Commission shall be held on the fourth Tuesday of each month at 7:30 p.m. in the City Council Chambers, 7700 Market Blvd., unless otherwise directed by the Chairperson, in which caseat least 24 hours notice will be given toall members. Regular meetings shall have a curfew of 10:30 p.m., which may be waived at the discretion of the chairperson. All unfinished business will be carried overto the next regular Park and Recreation Commissionmeeting. 2.2 Specialmeetings: Special meetings shall be held upon call by the chairpersonor in his/her absence, by the Vice - Chairperson, or any other member with the concurrence of four other members of the commission, and with at least 48 hours notice to all members. Notice of all special meetings shall also be posted onthe official city bulletin board. 2.3 Attendance: Park and Recreation Commission membersshallattend not less than seventy-five 75 %) percent of all regular and special meetings heldduring a given (calendar) year, and shall not be absent from three (3) consecutive meetings. Failure to meetthis minimum attendance requirement shall result in removal from the commission. Section 3 Commission Composition, Terms andVacancies: 3.1 Composition: The commission shall consist of seven (7) voting members. Additionally, the commission may alsohave one or two Youth representatives who shall also be voting members. Seven- membersCommissioners shall be appointed by the Council and may be removed by the Council. 3.2 Terms and Vacancies: The council shall appoint sever - members tothe commission for staggered terms of three (3) years however, youth commissioners shall serve one yearterms. Vacancies during the term shall be filled bythe council for the unexpired portion of the tern. Every appeinted fflembef shall, before elitef ing upon the eharge ef hisAieF duties, take an eatli All membersshall serve without compensation. 3.3 Quorum: Four Park and Recreation Commission members shall constitute a quorum for the transaction of business. Whenever a quorum is not present, no final or official action shall be taken at such meeting. Section 4 Organization: 4.1 Election of Officers: At the first meeting in April of each year, the Park and Recreation Commission shall hold an organizational meeting. At this meeting, the commission shall elect from its membership a Chairperson and Vice- Chairperson. Each member shall cast its vote for the member he /she wishes to be chosen for Chairperson. If no one receives a majority, voting shall continue until one member receives the majority support. Vice - Chairperson shall be elected from the remaining numbers of the same proceeding. 4.2 Duties of the Chairperson and Vice - Chairperson: The Chairperson, or in his/her absence the Vice-Chairperson, shall preside at meetings, appoint committees from its own membership, and perform other such duties as ordered by the commission. The Chairperson shall conduct themeeting soas to keep it moving as rapidly and efficiently as possible and shall remind members, witnesses, and petitioners to preserve order and decorum and to keep commentsto thesubject at hand. The Chairperson shall not move for action but may second motions. Section 5 Procedure: 5.1 Parliamentary Procedure: Generally, or as appropriate, Parliamentary Procedure, governed byRoberts Rules of Order Revised, shall be followed at all regular meetings. At special work session meetings, and when appropriate, the commission may hold group discussions not following any set parliamentary procedures except whenmotions are before the commission. Section 6 - Public Hearings: 6.1 Purpose of Hearings: The purpose of a hearing is to collect information and facts in order for the commission to develop a rational recommendation for the City Council. 6.2 Hearing Procedure: At hearings, the following procedure shall be followed in each case: a. The Chairperson shall state the case to be heard. b. The Chairperson shall call upon staff to present the staff report. Required reports from each city department shall be submitted to the Park and Recreation Commission before each case is heard. Formatted: Font: Times New Roman, 8 pt ark'nHcommission`. a b s z k`. h: ,tfli. .xel i cos _0 {3.,km .•' c. The Chairperson shall ask the applicant to presenthis case. d. Interested persons may address the commission, giving information regarding the particular proposal. e. Petitioners and the public are to address the Chairperson only, not staff or other commissioners. Formatted: SUlketh=gh p The Paflk and Reefeaden Commission members Fnay ask questiens of persons addfessing peppese than to ilaestien may be Fuled out of erder-.) g_f. After all new facts and information havebeen broughtforth, the hearing shall be closed and interested persons shall not be heard again. Upon completion of the hearingon each case, the Park and Recreation Commission shall discussthe item at hand and render a decision. The Park and Recreation Commission, if it so desires, may leave the public record open for written comments for a specified period of time. hg. The Chairperson shall have the responsibility to informall of theparties of their rights of appeal on any decisionor recommendation of the Park and Recreation Commission. 6. 3 Schedule: At meetings where more thanone hearing is scheduled, every effort shall be made to begin each case at the time set onthe agenda, but in no case may an item be called for hearing prior tothe advertised time listed on the agenda. Section 7 Miscellaneous: 7.1 Park and Recreation Commission Discussion: a. Matters for discussion which do not appear on theagenda shall be added tothe agenda immediately following roll call. b. Matters which are added shall be discussed at an appropriate time in the agenda as assigned by the chairperson. 7.2 Suspension of Rules: The commission may suspend any of these rules by a unanimous vote of the members present. 7.3 Amendments: Amendment of these bylaws may bemade at any regularor special meeting of the Park and Recreation Commission but only if scheduled on the meeting agenda in advance of the meeting. 7.4 Review: Every Five Years, a the first meeting in April elleaeh -year or as deemed aplvignriate, these bylaws shall be readand adopted by the Park and Recreation Commission. Formatted: PonC limes New Roman, 8 Dt 0 --- - - - - -- --- _------------- ••- Date: Updated BNOlBa4MO Forn tted: Font: -nines NewRoman, 8 pt i k4h`aommrsion m as 2013.doc 0 CITY OF CHANHASSEN 7700Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 7901Park Place Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us I u • J TO: PaulOehme, Director of Public Works /City Engineer FROM: Alyson Fauske, Assistant City Engineer DATE: June 10, 2013 sm SUBJ: Overview of Proposed 2014 Street Improvement Project Project No. 14 -01 DISCUSSION Staff is planning to discuss the proposed 2014 Street Improvement Project with the Council during the work session. Please refer to the staff report for Item 1 c. of the Council packet for information regarding the proposed project. G:1ENGt1BJdWg 4&Flfjfi oli$IM&ffigras[ffbcnp?d -dV6 fff dt tkfPlanning forTomorrow C CHANHASSEN CITY COUNCIL WORK SESSION MAY 28, 2013 Mayor Furlong called the work session to order at 5:30 p.m. COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilman McDonald, Councilwoman Tjornhom, and Councilman Laufenburger . Councilwoman Ernst arrived during the joint meeting with the Environmental Commission. STAFF PRESENT: Todd Gerhardt, Laurie Hokkanen, and Kate Aanenson PLANNING COMMISSION PRESENT: Andrew Aller, Mark Undestad, Kim Tennyson, Lisa Hokkanen, Maryam Yusuf, Stephen Withrow, and Steven Weick ENVIRONMENTAL COMMIMSSION PRESENT: Katie Mahannah, Glenn Kaufmann, Bret Borth, and Amy Omann JOINT COMMISSION MEETING WITH PLANNING COMMISSION. After introductions Chairman Aller reviewed 2012 developments, variances, PUD amendments, and asked for feedback from the council on variance requests for accessory structures in the West 96 th Street neighborhood. Councilman Laufenburger asked about inventory of buildable lots in the city. Chairman Aller continue d with review of the Surface Water Management Review that is ongoing into 2013. Mayor Furlong asked about the zoning along the north side of old Highway 212. Todd Gerhardt explained that staff would like the Planning Commission to work on a vision plan along the old Highway 212 and “Y ” area in conjunction with improvements in this area and upgrades to the river crossing. Councilman Laufenburger asked about how the flood plain area will be taken into account with development. Chairm an Aller noted that the lower “Y ” area is planned for the Planning C ommission and Environmental Commission tour this summer. Kate Aanenson reviewed building permit projections for 2013 for commercial and residential, taking into account building of the Chanhassen Apartments. Mayor Furlong asked about tracking sales of existing residential units and asked for feedback from the work session with Planning Commission and City Council regarding the “New Normal ” and how to take that information into account moving into the future . He emphasized the need to keep the downtown viable and the fact that the city may want to relook at the regional commercial zoning. Councilwoman Tjornhom liked the information from the New Normal meeting on how people coming into the city see Chanhassen. Chairman Aller asked about the comment that the commission should plan for connecting the city trail system. Kate Aanenson stated she would follow up with a report from Todd Hoffman on how the city will handle th at issue. Councilman Laufenburger asked about height restrictions of buildings in the city. Mayor Furlong discussed comments regarding current residential trends for different de mographics coming to Chanhassen without changing Chanhassen ’s identity. Commissioner Yusuf stated she took away from the New Normal meeting the need for more single level living. Mayor Furlong discussed that staff should continue to monitor the accessory structure variance requests in the West 96 th Street and other neighborhoods in the future to see if an ordinance amendment is needed. JOINT COMMISSION MEETING WITH ENVIRONMENTAL COMMISSION. Katie Mahannah review ed the Environmental Commission ’s monthly goals for their 2013 Annual Work Plan . In discussing clean up of the Seminary Fen, Councilman Laufenburger asked if there are plans for a raised boardwalk through the fen. Following up on what Councilman Laufenburger said, Mayor Furlong suggested the Environmental Commission begin discussions with the DNR on the idea of using raised City Council Work Session – May 28, 2013 2 boardwalks to improve accessibility , education and appreciation of the fen. Todd Gerhardt explained that Karen Engelhardt, the Office Manager, has been working with Carver County Historical Society on developing the history of the Seminary Fen. Chairman Mahannah asked if there was anything else the council would like the Environmental Commission to be working on in 2013. Mayor Furlong asked for comments regarding highlights from the Environmental Commission ’s 2013 Sustainability Report regarding surface water, storm water, water conservation and urban forestry. Councilman Laufenburger suggested adding Lake Susan with the AIS boat inspection program . Mayor Furlong emphasized the educational aspect associated with the AIS inspection program. Kate Aanenson explained that the joint commission tour is a great way to educate both the Planning Commission and Environmental Commission on these four focus topics. Mayor Furlong discussed the possibility of being broader in describing water conservation. Councilwoman Ernst asked how rain barrels, etc are marketed. Kate Aanenson discussed work being done by Jill Sinclair regarding forestry preservation. Overall Mayor Furlong stated the work done on the Sustainability Report was good . Chairman Mahannah stated she would incorporate the changes in the report and place the item on the City ’s website and have printed material to hand out at community events. DISCUSS PURCHASE AGREEMENT WITH CENTER COMPANIES FOR REDEVELOPMENT OF IVAN ’S SINCLAIR GAS STATION SITE, 7910 DAKOTA AVENUE. Todd Gerhardt discussed negotiations with Ben Merriman of Center Companies to purchase City owned property to redevelop the Sinclair property in to an 8,000 square foot, three tenant retail building , discussed issues associated with cleaning up the underground gas tanks , and reviewed the list of pros and cons associated with this redevelopment. Mayor Furlong asked for clarification if there were development opportunities on the city owned parcel by itself or if the only development opportunit y is through a combination of these two sites. Kate Aanenson explained that combin ing the properties is the best economic value. Councilman McDonald asked about the one entrance point. Councilman Laufenburger asked about the City ’s financial responsibility with the clean up of contamination from the underground gas tank. There was consensus from council members in directing staff to continue to move forward with negotiations. Mayor Furlong adjourned the work session at 7:00 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim CHANHASSEN CITY COUNCIL REGULAR MEETING SUMMARY MINUTES MAY 28, 2013 Mayor Furlong called the meeting to order at 7:05 p.m. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilman McDonald, Councilwoman Tjornhom, Councilwoman Ernst, and Councilman Laufenburger STAFF PRESENT: Todd Gerhardt, Laurie Hokkanen, Paul Oehme, Kate Aanenson, Todd Hoffman, and Mitch Johnson PUBLIC PRESENT: Len Simich Southwest Transit Dave Jacobson Southwest Transit PUBLIC ANNOUNCEMENTS: None. CONSENT AGENDA: Councilwoman Ernst moved, Councilman McDonald seconded to approve the following Consent Agenda items pursuant to the City Manager ’s recommendations: a.Approval of Minutes: -City Council Work Session Minutes dated May 13, 2013 -City Council Verbatim and Summary Minutes dated May 13, 2013 Receive Commission Minutes: -Planning Commission Verbatim and Summary Minutes dated April 16, 2013 -Park and Recreation Commission Verbatim and Summary Minutes dated April 23, 2013 b.Resolution #2013-33 : Approve Resolution of Support for Highway Safety Improvement Program Grant Funds from MnDOT for Highway 41 and Lake Lucy Road Intersection Improvements. c.Resolution #2013-34 : Approve Resolution Accepting Donation from KleinBank for Summer Concert Series. All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS. Len Simich with Southwest Transit informed the council of their summer promotion with the Chanhassen Circulator which will run regular routes from the ramp behind the Chanhassen Dinner Theater to businesses south of Highway 5. David Esposito, Retail Market Manager for KleinBank, presented a $2,000 check to the City to sponsor the Summer Concert Series. LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE. Lt. Jeff Enevold reviewed what the sheriff ’s office has done to reduce crimes of opportunity, and provided an update on the Citizens Academy. Chief John Wolff discussed the Fire Department ’s partnership with the American Legion for Memorial Day activities, thanked the City Manager for recognizing Mark Littfin, a 40 year member of the Fire Department, provided an update on the positions and roster of fire fighters, and year to date calls for City Council Summary – May 28, 2013 2 service numbers. BLUFF CREEK GARDENS: REQUEST FOR AN AMENDMENT TO INTERIM USE PERMIT 96-2 TO ALLOW FOR A LOT LINE ADJUSTMENT PER SECTION 20-233(C) OF THE CHANHASSEN CITY CODE ON PROPERTY ZONED AGRICULTURAL ESTATE (A-2); LOCATED AT 850 FLYING CLOUD DRIVE; APPLICANT: SKIP COOK. Kate Aanenson presented the staff report and Planning Commission update on this item. Councilwoman Ernst moved, Councilman Laufenburger seconded that the City Council approve the amendment to Interim Use Permit 96-2 to allow for a lot line adjustment subject to the amended and restated Interim Use Permit and adoption of the attached Findings of Fact and conditions: 1.The area of the new lot lines shall have the through driveway blocked from direct access to the garden center to prohibit continued access to the garden center from this driveway. 2.Any stored landscape material or plants must be relocated from Area 4 to the Areas 1-3. 3.Permits must be obtained for the construction of, alteration of, or occupancy use changes to any buildings on the site. All voted in favor and the motion carried unanimously with a vote of 5 to 0. COUNCIL PRESENTATIONS: Councilwoman Ernst congratulated the Park and Rec staff, the American Legion and everyone involved for a phenomenal Memorial Day event. ADMINISTRATIVE PRESENTATIONS: Todd Gerhardt provided an update on road projects . CORRESPONDENCE DISCUSSION. None. Councilwoman Tjornhom moved, Councilman McDonald 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 MAY 28, 2013 Mayor Furlong called the meeting to order at 7:05 p.m. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilman McDonald, Councilwoman Tjornhom, Councilwoman Ernst, and Councilman Laufenburger STAFF PRESENT: Todd Gerhardt, Laurie Hokkanen, Paul Oehme, Kate Aanenson, Todd Hoffman, and Mitch Johnson PUBLIC PRESENT: Len Simich Southwest Transit Dave Jacobson Southwest Transit Mayor Furlong: Thank you and welcome to everybody. Those here in the council chambers as well as those watching at home. We ’re glad that you joined us this evening. At this time I would ask members of the council if there are any changes or modifications to the agenda. First of all, looking at our agenda, we ’re going to start with an EDA meeting. Even though I just called the council to order so we ’ll have the, we ’re fine. Todd Gerhardt: Right at the end. Mayor Furlong: Can we do that at the end? Todd Gerhardt: Yeah. Mayor Furlong: Alright, without objection, let ’s defer, nothing on the EDA is included in the council meeting tonight I don ’t think, correct? Laurie Hokkanen: Correct. Mayor Furlong: We don ’t have to do that? Todd Gerhardt: Yeah. Mayor Furlong: Alright. Then without objection we ’ll defer the EDA meeting to the end of our council meeting. Continue with our council meeting so at this time are there any changes or modifications to the agenda? If not we ’ll proceed with the council agenda as published. PUBLIC ANNOUNCEMENTS: None. CONSENT AGENDA: Mayor Furlong: If there ’s desire for separate discussion on items 1(a) through (c) by members of the council or others present I would ask that you let me know at this time. If not, is there a motion to approve items 1(a) through (c). Chanhassen City Council – May 28, 2013 2 Councilwoman Ernst: So moved. Councilman McDonald: And I ’ll second but Mr. Mayor I did want to bring out on (c) that you know what KleinBank is doing, I think they should get some notice for again sponsoring the concert series again this year. Mayor Furlong: Absolutely. In fact we have a representative from KleinBank here tonight that ’s going to talk to us during visitor presentations and so we can certainly welcome any comments you have for them at that time. Motion ’s been made to adopt items 1(a) through (c) and seconded. Councilwoman Ernst moved, Councilman McDonald seconded to approve the following Consent Agenda items pursuant to the City Manager ’s recommendations: a.Approval of Minutes: -City Council Work Session Minutes dated May 13, 2013 -City Council Verbatim and Summary Minutes dated May 13, 2013 Receive Commission Minutes: -Planning Commission Verbatim and Summary Minutes dated April 16, 2013 -Park and Recreation Commission Verbatim and Summary Minutes dated April 23, 2013 b.Resolution #2013-33 : Approve Resolution of Support for Highway Safety Improvement Program Grant Funds from MnDOT for Highway 41 and Lake Lucy Road Intersection Improvements. c.Resolution #2013-34 : Approve Resolution Accepting Donation from KleinBank for Summer Concert Series. All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS. Mayor Furlong: If you ’d like to address the council under visitor presentations, I ask that you come forward to the podium at this time. Mr. Simich, sure. Hint, hint. Len Simich: Thank you Mayor, members of the council. My name is Len Simich. I ’m CEO with Southwest Transit. I ’m here tonight to talk just briefly about a summer promotion that we ’re going to be running here in the city of Chanhassen. It ’s our 692E or our Chanhassen Circulator as we call it. Really this gives us an opportunity, or the residents of Chanhassen an opportunity to give us a test run. It ’s just a downtown circulator. It will tie our ramp that is located right behind the Dinner Theater to the businesses south of Highway 5 and then come back up through the heart of the downtown. This will run roughly from 9:00 a.m. to 4:00 p.m. We are running service on the Thursday, the Buy Chanhassen night as well. The fares, we ’re going to be running a special fare. A 50 cent fare and that actually gets you to ride for 3 hours so you can get on and off during that time so it ’s a good opportunity to connect the businesses on both sides of Highway 5. We ’ll probably be using our trolley for the majority of the runs so that ’s a novelty in itself. A lot of people like to just get out and ride that vehicle so we ’re very pleased to have the opportunity to do that this summer. Mayor Furlong: Thank you. Any questions for Mr. Simich? A quick question Len. I see the stops here and the stated times of the different routes. I know for example, it looks like it ’s coming through the Summerwood development and there ’s a bus stop there near Foss Swim School and St. Hubert ’s Church. Chanhassen City Council – May 28, 2013 3 If somebody was there and wanted to pick up the bus, would they be able to pick it up as they ’re coming down or are the stops restricted to the listed stops? Len Simich: Mr. Mayor, no. The stops are not restricted. In fact we will stop at any safe location just by waving the bus over. Mayor Furlong: Okay. Len Simich: Designated stops are great but anywhere along that route and we ’ll pick you up. Mayor Furlong: So, and I see one of the stops is near Target and Byerly ’s so people living in Summerwood want to take the bus over, you say within a 3 hour period, getting back on the bus and pay one fare. Len Simich: Right, one fare. Mayor Furlong: Okay, very good. Thank you. Great, thanks for giving us the update. Look forward to seeing how it works. Len Simich: You bet. Thank you. Mayor Furlong: This evening we do have a representative, Mr. David Esposito with Retail Market Manager with KleinBank here this evening. Each summer residents at City Center Park come out to enjoy the outdoor concert that ’s been sponsored for the last 6 years by KleinBank and we appreciate their sponsorship for this event which provides the City the opportunity to provide these free concerts for residents and visitors so, Mr. Esposito, am I pronouncing it right? David Esposito: Esposito, yes. Close enough. It ’s Italian. It ’s hard to know. Mayor Furlong: Esposito, thank you. It really wasn ’t but Esposito, thank you. Thank you for KleinBank ’s sponsorship of these Summer Concert Series, as Mr. McDonald said. It is a very significant contribution that you make and we appreciate it each and every year and looking forward to having it again this year. David Esposito: Thank you. Mr. Mayor, members of the council, my name ’s David Esposito. Retail Market Manager for KleinBank and on behalf of KleinBank and our nearly 400 team members I want to thank you for this very generous opportunity to allow us to be a sponsor for the Summer Concert Series. As one of our core values within KleinBank it ’s strengthening our community by giving our time, talent and resources back to our communities and it ’s one of those cores of what makes KleinBank a great part of our community and so we look forward to our participation in the Summer Concert Series. I know that all of our family members and team members alike love being a part of the event. It ’s every Thursday between June 13 th and August 8 th so with that I ’d like to present you with a check in the amount of $2,000 to the City of Chanhassen. Mayor Furlong: Thanks so much. David Esposito: Thank you very much. We appreciate it. Mayor Furlong: Well it doesn ’t fit through the drive thru. Todd Hoffman: We ’ve got a little one. Chanhassen City Council – May 28, 2013 4 Mayor Furlong: Do we? Okay. The one that counts. Well thank you. Mr. McDonald, any additional thoughts or comments? Councilman McDonald: I just wanted to make sure everybody was aware of what Klein does and I think it adds a lot to the downtown area, especially of an evening. You know it gives people something to relax and again come downtown and I just want to make sure Klein got credit for doing that again this year. Mayor Furlong: Perfect, t hank you. Anyone else for visitor presentations? If not we ’ll continue on with the other items under our agenda. LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE. Mayor Furlong: Lieutenant Enevold, Jeff Enevold is here with the Carver County Sheriff ’s Office. Good evening Lieutenant. Lt. Jeff Enevold: Good evening Mr. Mayor and council. I have a short power point presentation for you tonight. We ’ve talked a lot about crimes of opportunity over the past few years here and looking at the stats from this year to this month, I think our education campaign is starting to pay off so what I ’d like to do is just kind of review a few things that we ’ve done. We ’ve talked about it at City Council meetings. We ’ve talked about it at National Night Out. I ’ve gone to senior meetings. Public safety seminars. We ’ve talked about the Citizens Academy. Crime alerts have been sent out. We ’ve done extra patrol and we ’ve done door hangers on open garage doors in the neighborhoods and our goal here at the bottom was to reduce opportunities and reduce the number of thefts. We ’ve asked the public to help us reduce crimes by removing valuables from their vehicles. If they can ’t do that, lock them in their trunks. Call 911 is you see anything suspicious in your neighborhood or business. Some of the common items we ’ve talked about, iPods, iPads, purses, wallets. Please get those out of your vehicles and we talked about building a partnership in the community to help us be successful in fighting crime, and this particular quote here, I was building this power point presentation and on my internet home page there ’s t hese daily quotes that come up and this one came up as I was building it so I thought it fit really well in this presentation. It talks about coming together is a beginning, keeping together is progress, working together is success, and I think you ’ll see that in the next slide that we ’ve created some success working together with the community and public safety. Theft statistics. Year to date thefts in 2012, we had 84 total thefts. 19 of those thefts were from vehicles. Year to date this year 2013, we had 47 total thefts and only 6 of those thefts were from vehicles. We had a 44% reduction in thefts and a 70% reduction in thefts from vehicles so I think you know our education campaign is working well for us. Community involvement. May 8 th we helped the Chanhassen Elementary kids across the street along with the fire department and the CSO to get into Miracles for Mitch. You can see we got them across there safely and back safely and you can see in the bottom right hand corner some of the items that they delivered to Miracles for Mitch and one thing that I did, as the kids were returning to school that I probably won ’t do next year. I started giving them a high five and saying thank you. Well each kid who gave me a high five had to try and you know do it harder than the next kid so by the end of that my hand was numb so next year I learned a lesson. I probably won ’t do that. Mayor Furlong: Just wave. Audience: Or send somebody else. Lt. Jeff Enevold: I like that delegate. We also completed our Citizens Academy, last week Tuesday. It ran from April 2 nd to May 21 st . Just a few action shots there. You can see in the upper left that ’s Stephanie. She ’s shooting at the bad guy. Shooting a taser at the bad guy down there in the senior center. Chanhassen City Council – May 28, 2013 5 We also went to the public works facility and did some DWI training. You can see Judy with the DWI goggles on there, and they really enjoyed that. We also were honored to have the Mayor and the Sheriff attend our graduation ceremony. 14 students graduated and all of them received a, here ’s the group that graduated. Received a certificate, a citizens coin and a shirt. Citizens Academy shirt. At the end of each one of these I send out a survey and ask for some feedback to see how we can improve the Citizens Academy. I ’ll just share some of the comments that were shared on the survey. Said very valuable experience. More aware of how the community works and feel more comfortable asking for help. Great job, highly recommend to others. Job well done. Great to learn what law enforcement does and how we can help. Outstanding experience. I got a small glimpse of the challenges and obstacles you face every day. This was a great experience. Eye opening and you had great instructors, and we really did have some great instructors. Beth Hoiseth was part of that. We got some deputies come in. Some of our crime techs. We had the reserves help us. School resource officer and George Pufahl. Sergeant George Pufahl is not here tonight but he really helped out with this. And of course none of this would be possible without the support of the council so I want to say thanks for your support of this program. I think it ’s a great community outreach program and it ’s going to strengthen our partnership with our community so thank you. And with that, that ’s my presentation. Any questions? Mayor Furlong: Any questions for the Lieutenant? Okay, great. No, very good and thank you for your continued efforts on the Citizens Academy. Lt. Jeff Enevold: Yeah, I think it ’s great. Mayor Furlong: When do you anticipate having the next one? Has that been, now that you ’re done for all of one week. Lt. Jeff Enevold: I ’m thinking probably in the fall again. September-October will probably be the next one. Mayor Furlong: Okay, so if people watching at interested and . Lt. Jeff Enevold: Keeping it on the website. Mayor Furlong: Okay. Lt. Jeff Enevold: Yep, and we ’ll probably advertise it through the paper. Mayor Furlong: Okay, very good. Lt. Jeff Enevold: Thanks Mr. Mayor. Mayor Furlong: Thank you. Chief Wolff is here this evening with the fire department. Good evening Chief. Chief John Wolff: Good evening Mayor and council. Yesterday we partnered with the American Legion, as we do every year and we escort them to the three grave sites in town and they conduct a brief ceremony at each of those grave sites and that ’s something I really personally enjoy attending and being a part of. It ’s kind of humbling to, you know I ’ve gotten to know some of these men and actually some of them are former fire fighters and these are, there are still a few World War II vets in this group and it ’s amazing how they, they get up and down our trucks and climb up and do their thing and so forth so just a great thing that we get to do each year so. Another kind of fun thing that I ’d like to chat quickly about is, Todd recognized a 40 year member of the Chanhassen Fire Department a few weeks ago, Mark Littfin on Chanhassen City Council – May 28, 2013 6 May 10 th . Was recognized right in this room with a bunch of city employees. We had at our banquet the week before had also recognized Mark so he ’s 25 years as a full time fire marshal here in the city which is also a milestone this year and a 40 year member, and he still gets up at 3:00 a.m. for those midnight or late night calls so we really appreciate Mark ’s service. As you know Dale retired and he was our Battalion Chief and we replaced Dale with John Murphy who was a Captain. 21 year member and John, we ’re excited to have John in that role. He was recently promoted to that position. We ’ve got 4 probationary fire fighters that will finish their one year probation at the beginning of next month on July 8 th at the annual Black Hat Ceremony. It ’s Monday, July 8 th at 7:00 at our main station. All are invited. Year to date on calls. We ’re up about 40% from last year but last year we were really down so we ’re probably a little over the average. Maybe single digit. Low single digit percentage so kind of on pace, and I think a month ago I was talking about fire danger, with all, it was so dry and I think we caught up really, really quickly. I wished we ’d stop catching up at this point though. I ’m ready for summer so, we ’ve got a great recruit class in. Probably the best one we ’ve ever had and so we ’re excited about bringing on some new folks too so take any questions if you have any. Mayor Furlong: Great, any questions for Chief Wolff? No? Thank you again for the service the fire fighters do and the department does with the American Legion for Memorial Day, we appreciate that. Chief John Wolff: You bet, thank you. BLUFF CREEK GARDENS: REQUEST FOR AN AMENDMENT TO INTERIM USE PERMIT 96-2 TO ALLOW FOR A LOT LINE ADJUS TMENT PER SECTION 20-233(C) OF THE CHANHASSEN CITY CODE ON PROPERTY ZONED AGRICULTURAL ESTATE (A-2); LOCATED AT 850 FLYING CLOUD DRIVE; APPLICANT: SKIP COOK. Mayor Furlong: Let ’s start with a staff report please. Kate Aanenson: Thank you Mayor, members of the City Council. This item appeared before the Planning Commission on May 21 st and they did recommend approval of the request. Again the applicant is requesting an Interim Use, amendment to the Interim Use Permit to allow for a lot line adjustment. Typically a lot line amendment, when it ’s not a subdivision can be done administratively but we altered or made amendments to the City Code a few years ago when we found it was problematic when we had a conditional use and someone was allowed to alter their lines and it may impact the standards of that conditional use or the interim use so for that reason, for the lot line adjustment to go forward we need to amend the Interim Use so it remains consistent with the parcel. So the subject site is at the bottom of the Y. Flying Cloud Drive, County Road 61 and 101. There ’s a garden center there currently and the property owner also owns the house behind in this area here. So the entire parcel is 10 acres. The resulting parcel with this split would then be 8.3 acres and I ’ll go through that in just a minute here. Just wanted again to kind of frame up where this property is. This property is all agricultural right now so again we do provide conditional uses and interim uses in this area where we have no municipal services to allow some reasonable use of the property. For e xample across the street we had the driving range and in this particular instance we do allow the agricultural landscaping businesses on the conditional use. In looking at the future of this area, the property again is in the black circle there is guided for office park and office also to, along County Road 61 as we look at the new river crossing, the upgraded 61. We also have office then to the east of 101 and then further to the west along the city limits it would be high density residential. As you know with the County upgrade the City Engineer and myself are also looking at kind of how, and the Planning Commission and also the Council, how these properties would be developed in the future and providing additional access so in reviewing this application we wanted to make sure that we weren ’t jeopardizing any of those future access points to allow for development. I just want to point out too that we did put a stall on their potential commercial. We didn ’t specifically a site but we ’d evaluate that in the future as we move forward as we talk about maybe some support Chanhassen City Council – May 28, 2013 7 commercial somewhere down in that area depending upon how it all aligns up. I think this is kind of serendipity. It looks like it ’s right where the round about may be. So this is how the property currently is being used and the Interim Use there were specific identifying how this property would be used so Area 4 is actually the area that ’s going to be split and joined from the Interim Use Permit. So they identified Areas 1 and 2 again with the Interim Use, how they ’d be used. 3 would just be for the storage and then 4 would be kind of the, was really to be added to planting. To provide screening to that house to the north. So this is approximately where that lot line would go. Kind of creating that new lot so the interim use then would just be the rest of the 8.3 acre parcel. Again this could have gone forward without any approvals but for the fact of the Interim Use so this property now is not part of that landscaping business so it changes that from the 10 acre parcel then to the 8.3. So with that the Planning Commission did recommend approval. We did have some conditions of approval. There are 3 on there but we are supporting this, as did the Planning Commission so we ’re recommending that you approve it and I ’d be happy to answer any questions you may have. Mayor Furlong: Thank you. Any questions for staff? Seeing none, is there any comments or thoughts from council members? Mr. McDonald. Councilman McDonald: No, I have none. Mayor Furlong: Oh I ’m looking at Mr. Laufenburger hitting his button and I said your name. I apologize. Mr. Laufenburger. Councilman Laufenburger: See how much sway you have on this council Mr. McDonald. It seems very appropriate. I congratulate the staff for doing the work to make this happen. I have no questions and I would support it. Mayor Furlong: Thank you. Any other thoughts? Obviously there are, as Ms. Aanenson mentioned, the work that the County and MnDOT are doing with the upgrade of the river crossing and County Road 61 goes right by this property so it ’s nice that we, while this is coming forward now, obviously to my knowledge it doesn ’t effect any of the street improvement projects or any of the design work that ’s taken place there. Kate Aanenson: No, and we want to make sure that both parcels had continued access so we don ’t have to buy somebody out for taking an access point and typically we don ’t like, while it ’s agricultural, one is a conditional use. The home to the back, although it looks like there ’s some quasi type of uses on there so ultimately when we come down with urban services we ’d certainly see this area being developed. Mayor Furlong: Redeveloped. Kate Aanenson: To a higher and better use. Mayor Furlong: Yep, understand. Okay. If there are no other comments, would somebody like to make a motion? Councilwoman Ernst: Sure I ’ll move. Mayor Furlong: Could you bring the motion back up on the screen? Kate Aanenson: Yep. Mayor Furlong: Thank you. Councilwoman Ernst. Chanhassen City Council – May 28, 2013 8 Councilwoman Ernst: I make a motion that City Council approve amendment to the Interim Use Permit subject to the existing restated and amended Interim Use Permit with conditions and adoption of the attached Findings of Fact. Mayor Furlong: Thank you. Is there a second? Councilman Laufenburger: Second. Mayor Furlong: Motion ’s been made and seconded. Any discussion on the motion? Hearing none we ’ll proceed with the vote. Councilwoman Ernst moved, Councilman Laufenburger seconded that the City Council approve the amendment to Interim Use Permit 96-2 to allow for a lot line adjustment subject to the amended and restated Interim Use Permit and adoption of the attached Findings of Fact and conditions: 1.The area of the new lot lines shall have the through driveway blocked from direct access to the garden center to prohibit continued access to the garden center from this driveway. 2.Any stored landscape material or plants must be relocated from Area 4 to the Areas 1-3. 3.Permits must be obtained for the construction of, alteration of, or occupancy use changes to any buildings on the site. All voted in favor and the motion carried unanimously with a vote of 5 to 0. COUNCIL PRESENTATIONS: Mayor Furlong: I ’d like to start, oh I ’m sorry. Councilwoman Ernst, do you have something? Councilwoman Ernst: No, I was just going to talk about Memorial Day and the event that we had. Mayor Furlong: Thank you. Councilwoman Ernst: You know every year I go to this event. I keep thinking it can ’t get any better but this year it was just phenomenal and I applaud Todd Hoffman and his team and the Legion and everyone that was involved because it was just a phenomenal event. Mayor Furlong: Thank you. Any other council presentations? It was a good event. Well attended. We went through about 2 or 3 seasons during the event with the weather but it was well attended. It was great to, as Chief Wolff said, great to see many of the veterans who have been in these events for a long, long time but they ’re still there and they ’re still participating and it ’s good to see so. Councilwoman Ernst: And weather even held out. Mayor Furlong: The weather held out. I think we had the best hour and a half of the day yesterday from about 1l:30 to 1:00 so it worked out great. Todd Gerhardt: The mayor was in charge of weather on Memorial Day and I was in charge of it on Arbor Day. Chanhassen City Council – May 28, 2013 9 Councilman Laufenburger: I ’m always impressed by the bugler and how he plays taps with such precision. It really is beautiful. Todd Gerhardt: Well it ’s a great tradition. I mean we didn ’t have it up until a few years ago and to have that kind of attendance and what a great way to memorialize those individuals that served our country. Thank Todd and his staff, the Legion, fire department for helping out. What a great day. Mayor Furlong: Any other council presentations? ADMINISTRATIVE PRESENTATIONS: Todd Gerhardt: Well I ’d like to say our road projects are moving along swiftly but since our Chief wanted to have more rainfall, that ’s kind of put a damper on our road projects. We can do some mulching and clearing and that ’s about it. Some soil correction has gone on on 101 but we do have a slow start but we ’ll get it done on time and on budget so. Mayor Furlong: Thank you. Any questions? CORRESPONDENCE DISCUSSION. None. Councilwoman Tjornhom moved, Councilman McDonald 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 PLANNING COMMISSION REGULAR MEETING SUMMARY MINUTES MAY 21, 2013 Chairman Aller called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Andrew Aller, Mark Undestad, Kim Tennyson, Lisa Hokkanen, Maryam Yusuf, Stephen Withrow, and Steven Weick STAFF PRESENT: Kate Aanenson, Community Development Director; Bob Generous, Senior Planner; and Alyson Fauske, Assistant City Engineer PUBLIC PRESENT: Marty Schutrop 540 Lakota Lane Bruce Geske 7325 Hazeltine Boulevard Chuck & Sandy Worm 760 West 96 th Street Gary Benziek 731 West 96 th Street PUBLIC HEARING: BLUFF CREEK GARDENS: REQUEST FOR AN AMENDMENT TO INTERIM USE PERMIT 96-2 TO ALLOW FOR A LOT LINE ADJUSTMENT PER SECTION 20-233(C) OF THE CHANHASSEN CITY CODE ON PROPERTY ZONED AGRICULTURAL ESTATE (A-2) AND LOCATED AT 850 FLYING CLOUD DRIVE. APPLICANT: SKIP COOK, PLANNING CASE 2013-10. Bob Generous presented the staff report on this item. Skip Cook stated he was present to answer any questions. Chairman Aller opened the public hearing. No one spoke and the public hearing was closed. Hokkanen moved, Tennyson seconded that the Chanhassen Planning Commission recommends approval of the amendment to Interim Use Permit 96-2 to allow for a lot line adjustment subject to the amended and restated Interim Use Permit and adoption of the Findings of Fact and Recommendation. All voted in favor and the motion carried unanimously with a vote of 7 to 0. PUBLIC HEARING: BLUFF CREEK WOODS: REQUEST TO REZONE 3.57 ACRES OF PROPERTY FROM AGRICULTURAL ESTATE DISTRICT (A-2) TO SINGLE FAMILY RESIDENTIAL DISTRICT (RSF); SUBDIVISION WITH VARIANCES FOR THE CONSTRUCTION OF A PRIVATE STREET AND USE OF A NECK LOT; AND A CONDITIONAL USE PERMIT TO ALLOW DEVELOPMENT WITHIN THE BLUFF CREEK OVERLAY DISTRICT. PROPERTY IS LOCATED AT 7331 HAZELTINE BOULEVARD. APPLICANT: MARTIN SCHUTROP, PLANNING CASE 2013-09. Bob Generous presented the staff report on this item. Chairman Aller asked for clarification of conditions associated with approval of this project. Commissioner Weick asked for clarification of the existing and proposed driv eway locations. Commissioner Hokkanen clarified that the proposal was requesting 2 new buildable lots plus the one existing house and asked if the Department of Transportation had recommended a by-pass lane be installed on Highway 41. The applicant, Marty Schutrop explained that they will be conforming to everything the City is requesting of them. Chairman Aller opened the public hearing. Bruce Geske, the neighbor to the north expressed concern with drainage and confusion with Planning Commission Summary – May 21, 2013 2 their driveway being mistaken as the entrance to Longacres. Chairman Aller closed the public hearing. Withrow moved, Yusuf seconded that the Chanhassen Planning Commission recommends that the City Council approve the Rezoning, Preliminary Plat with Variances and the Conditional Use Permit subject to the conditions of the staff report and adoption of the Findings of Fact and Recommendation: 1.At the entrance off Hazeltine Boulevard, a monument sign displaying all four address numbers shall be installed. In addition, at the start of the individual driveways to each home, an address sign shall also be installed. Submit proposed signage to Fire Marshal for approval. 2.Park fees shall be collected in full for the two new homes at the rate in force upon final plat submission and approval. 3.Any use of or work within or affecting MnDOT right-of-way requires a permit. Permit forms are available from MnDOT ’s utility website at http://www.dot.state.mn.us/utility/. 4.Outlot A and the conservation easement shall be coincidental with the primary zone for the Bluff Creek Overlay District and shall be recorded with the final plat. The primary zone shall extend to a point 18 feet from the northeast corner of Lot 3. 5.A structure setback of 40 feet is required from the primary zone. No disturbance shall occur within the first 20 feet of the setback. The proposed grading plans shall be amended to show how the lots may be developed. 6.The Bluff Creek Overlay District primary zone and the corresponding setback shall be shown on all plan sheets. 7.Signs clearly demarcating the Bluff Creek Overlay District primary zone shall be installed at all major angle points and at the intersection of lot lines with the primary zone boundary. Site plans shall be amended to show the placement of the signs. 8.In keeping with the purpose of the Bluff Creek Overlay District to protect natural resources, the proposed driveway for Lot 1 shall share a common drive with Lot 2 until the existing hammerhead. 9.The applicant shall provide drainage calculations for pre-development and post-development conditions. 10.Preservation of natural vegetation shall be allowed as a volume and rate control tool. Water quality best management practices are still required. This shall meet the requirements of the NPDES permit for drainage to an impaired water or NURP plus enhanced treatment, whichever is stricter. 11.SWMP charges shall be waived in lieu of in-perpetuity protection of land through a combination of conservation easement and the dedication of Outlot A to the City. Planning Commission Summary – May 21, 2013 3 12.Water that now heads west and then south along the trail and away from this area will be directed northwest into the depression north of the shared entrance. An adequate outlet must be provided for this area and the existing drainage patterns must be maintained. 13.Prior to grading, each lot shall install tree protection fencing at the edge of grading limits. 14.Building permit surveys for each lot shall be required to show all inventoried trees within the grading limits and 10 feet beyond and their removal or preservation status. 15.The developer must revise the Existing Conditions plan to show the power pole, utility box, propane tank and shed. 16.Ground shot elevations must be shown on the Existing Conditions plan to verify that a topographic survey was completed. 17.The developer shall work with staff to realign the access to Lot 1. 18.The developer must provide proof that the common portion of the driveway to Lots 1 and 2 meets a 7-ton design. 19.If the existing driveway does not meet the 7-ton design standard, the developer must install the 7-ton driveway and submit an escrow with the final plat to ensure that the driveway meets this specification. 20.The driveway easement shall be recorded as a separate document; all references to the driveway easement shall be removed from the preliminary plat. 21.The grading plan must be revised so that the grades do not exceed 3H:1V. 22.A permit is required from MnDOT to install the sewer and water services as well as grading in the right-of-way. 23.The City must be notified a minimum of 72 hours before the sewer and water services are to be installed. 24.The sewer and water service connections must be inspected and approved by the City. 25.The developer must submit an escrow for the necessary boulevard restoration associated with the service installation. 26.Lots 1 and 3 will be subject to the City sewer and water hook-up charges and the Metropolitan Council Sanitary Access Charge. These fees shall be collected in accordance with the City Code at the rate in effect at the time. All voted in favor and the motion carried unanimously with a vote of 7 to 0. Planning Commission Summary – May 21, 2013 4 PUBLIC HEARING: 760 WEST 96 TH STREET: REQUEST FOR A VARIANCE FROM SECTION 20-904(A)(1) OF THE CHANHASSEN C ITY C ODE TO CONSTRUCT AN ACCESSORY STRUCTURE IN EXCESS OF 1,000 SQUARE FEET ON PROPERTY ZONED AGRICULTURAL ESTATE DISTRICT (A-2) AND LOCATED AT 760 WEST 96 TH STREET. APPLICANT: CHUCK WORM, PLANNING CASE 2013-11. Bob Generous presented the staff report on this item. Chairman Aller asked for clarification regarding the recent two variance requests on West 96 th Street. Commissioner Withrow asked for an explanation of why having accessory buildings on the property makes it difficult to meet future planning. The applicants, Chuck and Sandy Worm , explained their need for more storage. Chairman Aller opened the public hearing. Marty Schutrop , who lives just south of the Worm ’s, explained that he never understood this ordinance and why the City won ’t allow people who actually have acreage and want to have their stuff enclosed instead of putting it outside. Gary Benziek, 731 West 96 th Street explained why he supports this request for additional hay storage. Chairman Aller closed the public hearing. After discussion by commission members, the following motion was made. Tennyson moved, Weick seconded that the Chanhassen Board of Appeals and Adjustments denies the variance request to construct a 7,120 square foot accessory structure and adopts the attached Findings of Fact and Decision. All voted in favor, except for Undestad and Hokkanen who opposed, and the motion carried with a vote of 5 to 2. CITY COUNCIL ACTION UPDATE: Kate Aanenson provided an update on the Chanhassen Apartments and reminded commissioners of the joint meeting with the City Council on Tuesday, May 28 th . APPROVAL OF MINUTES: Commissioner Hokkanen noted the verbatim and summary Minutes of the Planning Commission meeting dated April 16, 2013 as presented. Undestad moved, Yusuf seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 7 to 0. The Planning Commission meeting was adjourned at 8:00 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim CHANHASSEN PLANNING COMMISSION REGULAR MEETING MAY 21, 2013 Chairman Aller called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Andrew Aller, Mark Undestad, Kim Tennyson, Lisa Hokkanen, Maryam Yusuf, Stephen Withrow, and Steven Weick STAFF PRESENT: Kate Aanenson, Community Development Director; Bob Generous, Senior Planner; and Alyson Fauske, Assistant City Engineer PUBLIC PRESENT: Marty Schutrop 540 Lakota Lane Bruce Geske 7325 Hazeltine Boulevard Chuck & Sandy Worm 760 West 96 th Street Gary Benziek 731 West 96 th Street PUBLIC HEARING: BLUFF CREEK GARDENS: REQUEST FOR AN AMENDMENT TO INTERIM USE PERMIT 96-2 TO ALLOW FOR A LOT LINE ADJUSTMENT PER SECTION 20-233(C) OF THE CHANHASSEN CITY CODE ON PROPERTY ZONED AGRICULTURAL ESTATE (A-2) AND LOCATED AT 850 FLYING CLOUD DRIVE. APPLICANT: SKIP COOK, PLANNING CASE 2013-10. Generous: Thank you Chairman Aller and commissioners. Bluff Creek Gardens is in for an amendment to it ’s Interim Use Permit because the property owner would like to change the property line of the development. Under City Code such changes require an amendment to any approvals that they have. The applicant is Skip Cook. Again the reason for the amendment is due to the lot line adjustments. They ’re reducing part of the property out of the development. The site is located at the northwest corner of Highway 101 and Flying Cloud Drive. It ’s a unique shaped property. The new lot line will be an adjustment of this lot line will come down 101 so that they ’ll have direct frontage onto the highway. Right now they have an easement agreement to access their property. This area of the garden center will be coming out of the project. The existing Interim Use Permit divided the site into four areas. Area 1 is the retail and storage building site. Area 2 is the growth area where they have the nursery stock out in that. Area 3 is for hard object stock such as rock and they have their bins for the mulch and things like that. And then Area 4 was an overflow area as part of the overall development and it was for overflow landscaping materials that they had and some equipment. This area has very little use within the development. We are recommending approval of the amendment to allow the lot line change subject to the existing restated and amended Interim Use Permit which is attached to the project and the additional conditions in the staff report and adoption of the attached Findings of Fact and Recommendation. With that I ’d be happy to answer any questions. Aller: Any of the commissioners have any questions? I received the packet. The packet ’s a part of the record. I don ’t have any questions. Aanenson: Chairman Aller, if I may, just for some background. It ’s in the staff report but I want to make sure for our new commissioners, we had made a code amendment a couple years ago where we had conditional uses, interim uses, in certain circumstances people can subdivide if it ’s in agricultural zone and it may have an interim use on it and because the State law allows you to subdivide a piece of Chanhassen Planning Commission – May 21, 2013 2 property, but we wanted to make sure if it had an interim use or a conditional use on it, or even a lot line moving that we would notify on that because it may affect the terms of the interim use so this would have gone through the staff administratively but because of that new ordinance put in place, and really it ’s a control point where someone may sell off a portion of it. They moved a property line. Sell off a portion of that property that would affect the underlying conditions of that interim use. For an example on this one, there ’s a lot of ways the lot line could have moved that would affect the functionality of that so we just want to make sure that it worked for the interim use and it doesn ’t change the terms and conditions of that so with that we are supporting that as Mr. Generous stated but I just wanted to make sure for the new planning commissioners that was really the rational basis behind that. Aller: Great. My understanding is that the landscape materials will be moved from Area 4 to 1 and 3. Generous: And to the garden center site that remains after the approvals. Aller: Any additional comments? Questions? Weick: One question. Area 4 becomes just part of the small triangle then that the home is on, correct? Generous: Right, part of the single family home. Weick: So that becomes one lot. Generous: One lot. Weick: Okay. Generous: In the future this area is guided for office use so we think when urban services become available it will intensify the uses down on the property and they ’ll work together. Weick: Thank you. Aller: Alright. Any additional comments? Questions? Okay, is the applicant here? Would like to make any comments. Presentation. Anything. Skip Cook: Not at this point. I ’m here but … Aller: We don ’t have any real questions based on the report so. Skip Cook: Okay. Aller: With that, okay. I ’ll entertain a motion or, any comments or questions? Oh, what I need to do is open a public hearing so at this point, since we have public here, let ’s open a public hearing. Anyone wishing to come forward, please do so. Everyone else must have read the report as well. Seeing no one come forward, public hearing is closed. Comments. Questions. Motions. I ’ll entertain a motion. Hokkanen: I ’ll make a motion. Aller: Okay. Chanhassen Planning Commission – May 21, 2013 3 Hokkanen: I move the Chanhassen Planning Commission recommends approval of the amendment to Interim Use Permit 96-2 to allow for a lot line adjustment subject to the amended and re-stated Interim Use Permit and adoption of the Findings of Fact and Recommendation . Aller: I have a motion. Do I have a second? Tennyson: I ’ll second. Aller: I have a motion and a second. Any further discussion? Comments or questions. Hokkanen moved, Tennyson seconded that the Chanhassen Planning Commission recommends approval of the amendment to Interim Use Permit 96-2 to allow for a lot line adjustment subject to the amended and restated Interim Use Permit and adoption of the Findings of Fact and Recommendation. All voted in favor and the motion carried unanimously with a vote of 7 to 0. PUBLIC HEARING: BLUFF CREEK WOODS: REQUEST TO REZONE 3.57 ACRES OF PROPERTY FROM AGRICULTURAL ESTATE DISTRICT (A-2) TO SINGLE FAMILY RESIDENTIAL DISTRICT (RSF); SUBDIVISION WITH VARIANCES FOR THE CONSTRUCTION OF A PRIVATE STREET AND USE OF A NECK LOT; AND A CONDITIONAL USE PERMIT TO ALLOW DEVELOPMENT WITHIN THE BLUFF CREEK OVERLAY DISTRICT. PROPERTY IS LOCATED AT 7331 HAZELTINE BOULEVARD. APPLICANT: MARTIN SCHUTROP, PLANNING CASE 2013-09. Generous: Thank you Chairman Aller, commissioners. Bluff Creek Woods is, the applicant is Marty Schutrop. It ’s a proposed development located at 7331 Hazeltine Boulevard. It ’s on the east side of Highway 41, just across from Tanadoona Drive. The property ’s approximately 3 acres in size. The request is to rezone the property from Agricultural Estate District to Single Family Residential District. Subdivision approval with variances for the use of a neck lot and the construction of a private street and a Conditional Use Permit to allow development within Bluff Creek Overlay District. The applicant is proposing to divide the property into 3 buildable lots. The existing house would remain on the middle lot and then there ’d be 2 new building sites. The most southerly portion of the site would be put into an outlot status. As part of this the Bluff Creek Overlay District is being redefined. Under the existing mapping system that we have it shows that the whole property is within the primary zone. However we know that there is actually developable area and as part of the process the City is permitted with the developer to look at the site and determine what would be an appropriate delineation for that primary zone. The three green lots on here include 2 of the new building sites and existing single family home in the middle I should note that I did hand out earlier, put in front of you an email that I received from Hal Newel. He ’s opposed to this development because of the addition of traffic onto Highway 41. It ’s hard to tell from his comment whether he thought that there would be two new driveways going on there or if he ’s aware that we ’re forcing them to have a common access point out onto Highway 41 and that ’s part of the reason for the variance because of the private street serving more than one property. Aller: Just for the record we have received and read the email. Generous: Okay. All the lots comply with the minimum requirements in the City ’s zoning ordinance. The smallest one is 33,000 square feet which is about three-quarters of an acre and the other two are over one acre in size. The most northerly, Lot 3 is the neck lot and that ’s any lot that does not have it ’s full frontage on a public street. We wait until it gets back to the lot width hits 100 feet and then we have a valid lot and that ’s where we establish the setback area from. As part of their application they did show a plan for a private street. However staff in going out to the site and reviewing it was concerned that the access to Lot 1 would require additional grading and take out some significant trees that are on the Chanhassen Planning Commission – May 21, 2013 4 Highway 41 side of the development so what we are recommending is that at the current turn around, hammer head area, that they extend that, you follow that alignment and extend that for access into this property. That provides a turn around area right in this corner and it also will reduce the amount of grading that they ’ll need to do to build a house on this one site. The use of the private street and the creation of the neck lot are not mere inconveniences. It ’s due to the unique nature of this property because of the angle of Highway 41, the most northerly lot becomes narrower at the street frontage but then it widens up as you go back through the wetlands and the natural area behind it. Otherwise all the lot lines are following, are at 90 degree angles to the roadway which is what our ordinance prefers that development follow. The most southerly part is the Outlot A. This will be part of the primary zone. There is a drainage swale system through here that runoff comes to the site and into the wetland complex behind it which is the head waters for the Bluff Creek. The granting of the variance would not be detrimental to the public welfare and it meets the intent of the subdivision and zoning ordinance as well as the Comprehensive Plan. We believe it ’s justified in this instance for those two criteria. As part of the realignment of the Bluff Creek Overlay District this orange area on the schematic shows what we will be defined as the primary zone boundary. What ’s required under the ordinance is then a 40 foot setback from that boundary for structures. What that will do is force Lot 1 and Lot 3 to move the housing sites from where they put them preliminarily. However as you can see there ’s significant amount of buildable area in both of those lots. Grading of the site will be, as each individual lot comes in they ’ll have their own grading plan reviewed. We looked at some initial things to see that they could comply with our driveway slope ordinance and look at the house placement for sewer and water services but they will have their own plan. And utility services provided off of Highway 41. The applicant has provided a tree inventory and tree removal plan. Their landscaping plan basically exceeds city requirements so they ’re not required to provide any additional landscaping unless they remove additional trees on the Highway 41 side as part of the construction of the development. This area is served, there ’s a neighborhood park just to the southeast of this and then to the north you have a regional park. As the driveway crosses a regional trail that the City recently completed so it is adequately served by parks and recreation facilities. The development will be paying two new fees for the new lots as they ’re built so staff is recommending approval of the subdivision, rezoning subdivision with variances and conditional use permit subject to the conditions of the staff report and adoption of the Findings of Fact and Recommendation attached to the report. With that I ’d be happy to answer any questions. Aller: What was the Department of Transportation ’s response on traffic? Generous: They did not have a concern. They just said any alterations within their right-of-way will need a permit. Aller: Okay. So to go through that permit process as we move forward. Generous: Yeah, for any alterations that they do within the right-of-way. Aller: And then the Outlot A is non-buildable? Generous: Non-buildable. If it ’s not donated to the City then it will be under a conservation easement so. Aller: And then the water usage and runoff will be looked at as each building is located, placed and built. Fauske: That ’s correct. Aller: Okay. And then we have the one home location which will stay where it is, and then as a condition, if we approve this, those properties will move forward out of those areas that you had delineated as being green so they ’ll have to move those buildings from the spot they originally requested Chanhassen Planning Commission – May 21, 2013 5 forward and the setback would be increased. Generous: Right. They would have to comply with the setback based on the primary zone boundary. Aller: I don ’t have any further questions. Anyone? Weick: I do. Can you go back to the streets and access? I just don ’t understand what ’s existing and what ’s new that ’s being proposed in this. Aanenson: Bob make sure you show what ’s a trail up there too. Generous: Yeah, this is the trail system that actually continues to the north. It ’s not shown on this plan. This is the existing driveway. Weick: Driveway, okay. Generous: And it goes to service. Fauske: That ’s the trail. Generous: Or, the trail yeah comes right here but this is the driveway and it goes up to the house to the north of it. And this is the existing driveway that services the house on this property and so this is the turn around area that ’s in place and that ’s where we recommend that they align the driveway for the property to the south through there. Weick: Okay. Okay. Got it. That ’s all I had. Aller: Great. Hokkanen: I have a couple questions. So the existing house is staying in the middle, so two new houses are going to be one on each side of the existing home that ’s there. Generous: That ’s correct. Hokkanen: Correct, so it ’s not 3 buildable lots. It ’s 2 plus an existing . Generous: Yes. Hokkanen: And then did the Department of Transportation have any say or across 41, when you ’re coming south on 41 to turn left into these, into this private road, is there a, like when you come and you turn into Lake Lucy off of 41. You turn into Longacres off of 41, they have a, what is that? You know what I ’m talking about? Fauske: A bypass. Hokkanen: Bypass lane, yes. And up by the church they do as well. And there was only one home here before. Do they have any concerns about that with more, because you can ’t have individual, they have a home that was on 41 that had to change their driveway into Hillside Court a couple years ago from 41. Is there any concern with the Department of Transportation on that? Chanhassen Planning Commission – May 21, 2013 6 Fauske: The Department of Transportation did not provide any comments on limiting the access. The point with this particular development is they ’re not proposing to construct a new access point onto Highway 41. It ’s the addition of two homes that will ultimately access at that location. With regards to, in the past your example on Hillside Court, in that example there was a development that could provide an acceptable and appropriate access from a grading standpoint and from an access standpoint for that particular prope rty. In this case, given the site constraints with the wetlands and the trees, the tree cover on the site, there really is no other appropriate place to provide access and so that ’s why we ’re supporting the proposed access as shown. Hokkanen: Thank you. Aller: Okay, good question. Okay, applicant wishing to step forward and make a. Marty Schutrop: The only comment I have is that. Aller: Could you please step up to the podium. Thank you. Marty Schutrop: The only comment is, actually there ’s two people that access point. Aanenson: I was going to say that too. Marty Schutrop: Not just one currently so. And also we pretty much have complied with the Outlot A as far as, I mean that ’s a huge amount of land that we ’ve pretty much donated to the City to make the other two lots appropriately you know acceptable so. Aller: Right. Marty Schutrop: We ’ve you know conformed to everything the City has asked on that property so. Aller: And of course there ’ll be hardscape requirements when it goes to permit that will have to be fulfilled. Marty Schutrop: Yeah, and I have to comply with all those obviously. Aller: Right, and it sounds like your overstory trees and landscaping right now are fine. Marty Schutrop: Yeah, and we ’re taking a minimal, minimal amount of trees out of the property just because of how we laid out the lots too so. Aller: Great, thank you. With that I ’ll open the public hearing. Any individual wishing to speak either for or against the project, please step forward at this time. State your name and address for the record and let us know what you think. Bruce Geske: Hi, I ’m Bruce Geske. I ’m the neighbor right to the north and we only have a couple of concerns. One being the drainage on the Lot 3. It ’s the driveway appears to be coming in over a current culvert that ’s there and the drainage was never put in properly to begin with so the water has always been on our neighbor ’s property and we ’re concerned that with the new driveway would we now have a lake in our yard. That ’s our first concern. Our second concern obviously is the trail system in Chan. There ’s been several near misses because people are confused of our turnoff being the entrance for Longacres and they come flying in there and several families have had to scramble into the grass to avoid accidents so that would be our only two concerns. Chanhassen Planning Commission – May 21, 2013 7 Aller: Great. Bruce Geske: Thanks. Aller: Thank you. Comments on? Fauske: With the comment with regards to drainage, we could certainly look at, and I apologize I don ’t have a great scale to provide you some comfort but I ’m more than willing to talk to you after the meeting if you ’re available to go over your concerns and show you the plan and we can talk a little bit more about that and insure that the existing drainage patterns are met and create either an equal or better drainage pattern that currently exists. And then with regards to the pedestrian , the pedestrian concerns, we can certainly talk to our parks and rec director about that to see if there ’s something that can be done. You know trail. See if we have some ideas. If the residents have some ideas, work with them to see if there ’s something that can be done to help alleviate that situation. Aller: Great. I don ’t, because it ’s a current access, that ’s really not going to be changed or modified correct? Fauske: Correct. Aller: So really that ’s a concern that should be addressed in any event, whether this moves forward or not so we ’d appreciate if that could be followed up on. Fauske: Certainly. Aanenson: If I may I think one of the things too the Fire Marshal mentioned too is addressing on that so if we clearly put the address on a post or something on that end, even though they ’re private we still have addressing for that and that would identify those 3, or those 4 houses. Their address there and try to clarify what the purposes are. What ’s the road right-of-way. What ’s the trail and what those addresses are. Aller: How are they addressed now? Are they addressed on a post now or? Aanenson: I ’m not sure how they ’re addressed now. We can find that out. Aller: Maybe if there ’s nothing there, maybe that is the problem. Aanenson: Correct. Right. Aller: Great, thank you. Anyone else wishing to come forward, speaking for or against? Seeing no one come forward, close the public hearing. Comments. Questions. I think it ’s great that the concern, the water concern is being met. I know that the City has been in the past and will continue to be concerned about drainage so I don ’t really foresee a problem with that. Hokkanen: Actually it is a problem over there. I ’ve seen it personally so if they will address that issue when it comes up. It never affected anybody before. Aller: But now we ’ll be building a pad Hokkanen: Right. Chanhassen Planning Commission – May 21, 2013 8 Aller: So there ’ll be some modification over there. It ’ll be a good opportunity to look at the drainage. Hokkanen: And even though the signage doesn ’t affect anything with the moving forward of this, there is some confusion with the trail there and that driveway so maybe just, you know after the park and rec can address that with a trail sign too or something. Aller: Warning sign of some sort. Hokkanen: Yeah, something. Aller: Further comments, questions. Would anyone like to make a motion? Withrow: I will. I move that the Chanhassen Planning Commission recommend the City Council approve the rezoning preliminary plat with variances and a conditional use permit subject to conditions of the staff report and adoption of the Findings of Fact and Recommendation. Aller: I have a motion. Do I have a second? Yusuf: I ’ll second it. Aller: Having a motion and a second, any further discussion, questions or comments? Withrow moved, Yusuf seconded that the Chanhassen Planning Commission recommends that the City Council approve the Rezoning, Preliminary Plat with Variances and the Conditional Use Permit subject to the conditions of the staff report and adoption of the Findings of Fact and Recommendation: 1.At the entrance off Hazeltine Boulevard, a monument sign displaying all four address numbers shall be installed. In addition, at the start of the individual driveways to each home, an address sign shall also be installed. Submit proposed signage to Fire Marshal for approval. 2.Park fees shall be collected in full for the two new homes at the rate in force upon final plat submission and approval. 3.Any use of or work within or affecting MnDOT right-of-way requires a permit. Permit forms are available from MnDOT ’s utility website at http://www.dot.state.mn.us/utility/. 4.Outlot A and the conservation easement shall be coincidental with the primary zone for the Bluff Creek Overlay District and shall be recorded with the final plat. The primary zone shall extend to a point 18 feet from the northeast corner of Lot 3. 5.A structure setback of 40 feet is required from the primary zone. No disturbance shall occur within the first 20 feet of the setback. The proposed grading plans shall be amended to show how the lots may be developed. 6.The Bluff Creek Overlay District primary zone and the corresponding setback shall be shown on all plan sheets. Chanhassen Planning Commission – May 21, 2013 9 7.Signs clearly demarcating the Bluff Creek Overlay District primary zone shall be installed at all major angle points and at the intersection of lot lines with the primary zone boundary. Site plans shall be amended to show the placement of the signs. 8.In keeping with the purpose of the Bluff Creek Overlay District to protect natural resources, the proposed driveway for Lot 1 shall share a common drive with Lot 2 until the existing hammerhead. 9.The applicant shall provide drainage calculations for pre-development and post-development conditions. 10.Preservation of natural vegetation shall be allowed as a volume and rate control tool. Water quality best management practices are still required. This shall meet the requirements of the NPDES permit for drainage to an impaired water or NURP plus enhanced treatment, whichever is stricter. 11.SWMP charges shall be waived in lieu of in-perpetuity protection of land through a combination of conservation easement and the dedication of Outlot A to the City. 12.Water that now heads west and then south along the trail and away from this area will be directed northwest into the depression north of the shared entrance. An adequate outlet must be provided for this area and the existing drainage patterns must be maintained. 13.Prior to grading, each lot shall install tree protection fencing at the edge of grading limits. 14.Building permit surveys for each lot shall be required to show all inventoried trees within the grading limits and 10 feet beyond and their removal or preservation status. 15.The developer must revise the Existing Conditions plan to show the power pole, utility box, propane tank and shed. 16.Ground shot elevations must be shown on the Existing Conditions plan to verify that a topographic survey was completed. 17.The developer shall work with staff to realign the access to Lot 1. 18.The developer must provide proof that the common portion of the driveway to Lots 1 and 2 meets a 7-ton design. 19.If the existing driveway does not meet the 7-ton design standard, the developer must install the 7-ton driveway and submit an escrow with the final plat to ensure that the driveway meets this specification. 20.The driveway easement shall be recorded as a separate document; all references to the driveway easement shall be removed from the preliminary plat. Chanhassen Planning Commission – May 21, 2013 10 21.The grading plan must be revised so that the grades do not exceed 3H:1V. 22.A permit is required from MnDOT to install the sewer and water services as well as grading in the right-of-way. 23.The City must be notified a minimum of 72 hours before the sewer and water services are to be installed. 24.The sewer and water service connections must be inspected and approved by the City. 25.The developer must submit an escrow for the necessary boulevard restoration associated with the service installation. 26.Lots 1 and 3 will be subject to the City sewer and water hook-up charges and the Metropolitan Council Sanitary Access Charge. These fees shall be collected in accordance with the City Code at the rate in effect at the time. All voted in favor and the motion carried unanimously with a vote of 7 to 0. PUBLIC HEARING: 760 WEST 96 TH STREET: REQUEST FOR A VARIANCE FROM SECTION 20-904(A)(1) OF THE CHANHASSEN CITY CODE TO CONSTRUCT AN ACCESSORY STRUCTURE IN EXCESS OF 1,000 SQUARE FEET ON PROPERTY ZONED AGRICULTURAL ESTATE DISTRICT (A-2) AND LOCATED AT 760 WEST 96 TH STREET. APPLICANT: CHUCK WORM, PLANNING CASE 2013-11. Generous: Thank you Chairman Aller, commissioners. This application is a variance request to construct an accessory structure in excess of 1,000 square feet. The applicant is Chuck Worm. The property is located at 760 West 96 th Street. This is an area of larger lots in the community and they currently, this property ’s, he owns two properties at the end of this West 96 th Street. On the most westerly one there ’s a 10,000 square foot storage building and some fields and pasture lands and riding areas and then his house is on the property to the east with additional, I believe the stables are on that location. The variance is to construct a 7,120 square foot accessory structure for the storage of hay and agricultural equipment. There currently exists on the property 10,240 square foot accessory building. An additional 9,960 square feet of accessory structures are on their house site so there ’s a total accessory structure of 20,912 square feet. Part of staff ’s concern with this is the creation of these large accessory structures in an area that at some time in the future will be converting to single family housing on smaller or more suburban style lots when urban services become available. In May of 2004 the City approved an Interim Use Permit to allow the riding academy on the property. Annually they have to renew their stable permit to continue the use of that for horses. In researching this property for this development we did discover that there was a contracting business associated with the property and our concern is that the existing accessory building is being used in conjunction with that instead of or in addition to the existing agricultural use. Equipment and hay storage on the site so part of our concern is that they ’re not utilizing the building in the appropriate way for the zoning district. There have been other variances in the neighborhoods for accessory structures in excess of 1,000 square feet. Within the last 2 years there were two. One for an 1,800 square foot accessory structure and one for a 2,560 square foot accessory structure. This property is at the end of the street where those are all located. Then in 2007 there was a variance for an accessory structure off of Homestead Lane which is a large lot development area. The person wanted to expand Chanhassen Planning Commission – May 21, 2013 11 their garage and they had been planning this and so they did receive approval. Historically we have been looking at the 1,000 square foot accessory structure exceeding that for legitimate agricultural uses and so we ’ve had some barns and stables that have been approved for variances in other locations in the community. This neighborhood is full of accessory structures in excess of 1,000 square feet. They range from 2,000 square feet to 13,500 square feet of accessory structures. We ’re creating a little conclave of these large accessory structures in the community. We want the Planning Commission to be aware that if this is approved that they will have added to that area. Staff is recommending that the Planning Commission as the Board of Appeals and Adjustments deny the variance and adopt the attached Findings of Fact and Decision. And the attached Findings of Facts, I did provide you with a revised ones. The City Attorney discussed this and he wanted us to change Finding B and D and I ’ll just read the new language that we added in there. Under Finding B we added, the addition of a 7,120 square foot shed is not reasonable since there is currently a sufficiently large shed that can be used for equipment and hay storage were it ’s use limited to those that are permitted under district regulations. The property owner is using the current storage capacity of the building in a manner not permitted by the zoning ordinance. And then under D we added on the second sentence there, no circumstances unique to the property that preclude it ’s agricultural use. And then at the last sentence we added, were all non-agricultural uses remove d from the existing shed , there exists a sufficiently large shed that can be used for equipment and hay storage. With that I ’d be happy to answer any questions. Aller: Bob in looking at this, if I ’m remembering correctly, and I know I voted against both of the other variances in the last few years. One was the result of, it actually had a building permit taken out and then was not, they weren ’t able to complete the structure, the garage structure and then they came back. That was one of them. Generous: Well they came in for a permit and they wanted to expand the accessory structure and we said no, you can ’t do that. You need a variance. Aller: But before that they had built basically a pad already for the structure. Generous: Yeah, they had a large area. Aller: And then financially they just couldn ’t complete it and then time passed. Generous: Right. Aller: And they came back to complete it. Generous: Yeah, the one guy had the intent of building this large structure and he didn ’t just have the money at the time so he cleared out an area. Never came in for a permit but his intent was to do it and then he came in and requested the variance. Aller: Okay, and then the other one was for agricultural use? Aanenson: No if I can clarify. The other one, the building was, it collapsed. Was existing non- conforming and it had collapsed. He wanted to go larger. Aller: Go larger. Aanenson: To resolve some drainage issues. Chanhassen Planning Commission – May 21, 2013 12 Aller: That was the second one, yeah. Okay. And then what ’s, what is the business that ’s currently being associated with the property? Generous: It ’s an excavating business. A contractor. Aller: Okay, so that ’s not agricultural in nature. Generous: No. Aller: Okay. Generous: Unless you ’re tiling. Aller: And if this is approved, that would make this the largest square footage. Generous: Yeah. Accessory structure in that neighborhood, correct. I should note that we did provide an alternative if the Board were to approve the variance that they add the 6 conditions, which are outlined in the staff report. Plus we ’d need to come up with additional Findings of Fact and Decision for them. Aller: I don ’t have any further questions. Anyone? Questions of staff and then the applicant would have the ability to come forward and you can ask questions of him too. Withrow: Just a point of clarification. The proposed accessory building would not be the largest in that area? Is that, was that? Aller: No, it ’s the largest in the amount of square foot total for accessory structures. Aanenson: Cumulative. Withrow: On that property? Aller: On that property as opposed to all the other properties. Withrow: Okay, fair enough. And then what about having accessory buildings on the property makes it difficult to meet the future planning? Aanenson: Well if you look at this over time , you know the City in their Comprehensive Plan has said we ’re not going to be agricultural in the long run down the city so when you put a building of this size in there, over time as the city changes use, there will be development immediately to the west of this, you have a conflict there if someone, because someone were to buy that property in the future, the current owner were to sell, the desire then would be to use it for, if they didn ’t want to use it for a riding stable. Would want to use it for some other type of, maybe someone would want to use it for storage but somebody might want to use it for something else. For the same reason the city eliminated contractor ’s yards. They did allow contractor ’s yards in the southern part of the city for conditional use and interim use and we ’ve slowly over time eliminated those. As we ’ve become more urbanized there ’s a lot of conflict with those. That ’s our number one complaint in the city is contractor ’s yards adjacent to residential areas where you have people coming in down a residential street and people working. Now everybody in this neighborhood has that type of use. There ’s a different tolerance level out there. I don ’t want to dismiss that. People tend to know what ’s in that neighborhood but over time those tend to be, they don ’t go away. Those size buildings. Chanhassen Planning Commission – May 21, 2013 13 Withrow: Okay. Aanenson: So that ’s our concern and that ’s what we ’re trying to raise to you tonight. However you vote on that is just to keep that in mind. Withrow: Thank you. Aller: And I believe it was, was it in 2005 that we started limiting the accessory structure sizes in the agricultural, and only allowing for agricultural use? Aanenson: I had 2007 it says in the staff report. Yeah, 2007. Aller: 2007. Aanenson: Yeah, and again that even goes back to just people that had garages that were in excess of so it may be a garage. If they had a larger lot that was maybe 3,000 and again maybe they ’re storing hobby cars in there. Maybe they ’re doing a side business. Ca binetry, those sort of things and those become problematic for the neighbors and it ’s a code enforcement issue when we have neighbors that are building cabinets you know around the clock and other people in the neighborhood don ’t expect that in their residential neighborhood. Kind of separating the commercial type use from the residential use. Aller: Okay. Any other questions of staff? Is the applicant present and wishing to make a presentation? Sir, please come forward and step up the podium and state your name and address for the record. Chuck Worm: I ’m Chuck Worm. Aller: Welcome. Chuck Worm: My proposal for the additional building here is to store more hay, equipment for farm use too and we do have excavating and I have a conditional use permit on a site west of Chaska so we go back and forth with farm equipment and excavating equipment so I just, and to the west of us we, I usually rented farm barns and things like that and while most of the time they get eaten up by development and things like that so it ’s hard to find hay storage and things like that. And we ’re trying to, we make hay at the Minnesota Arboretum and they want, they want, they ’ve got 3 farmers in there right now making hay and they want to narrow that down to one person on the property so I ’m making probably 20 acres right now and they got a total of 86 so if I propose or throw, put a bid in to get that, then I add another 66 acres or whatever to my haying business too so i t ’s hard to keep storage you know when it keeps disappearing so that ’s why I ’m kind of looking to do it for myself. My own self. Aller: The report indicated that, in the proposed findings that if you took the business equipment and kept it in Chaska it sounds like, at that location, would there be sufficient space then to take the additional hay and put it in there and store it so that you have one place for your agricultural items, the hay and another place for your business equipment, which is preferred by the City anyway and that would be in Chaska? Chuck Worm: I probably wouldn ’t have enough storage at the Chaska facility. Aller: For the business equipment. Chuck Worm: For the business equipment too. Yep. Chanhassen Planning Commission – May 21, 2013 14 Aller: I guess the other question is what are you going to do about the fact that the business equipment isn ’t necessarily supposed to be where it is now? Chuck Worm: I don ’t know. I got good neighbors and nobody ’s ever complained in 13 years or 14 years that I ’m going in and out the driveway. Aller: Okay. Sandy Worm: We use the trucks for hauling shavings. We use it for hauling manure out just for our neighbor last week so a lot of the equipment is. Aanenson: Mr. Chair, it ’s just hard for you to hear. For them to get on the microphone. Aller: Yeah I was going to say if you want to come up, that would be great. Just state your name and address for the record, that would be wonderful. Sandy Worm: Sure. Hi, I ’m Sandy Worm. His wife and we do use some of the equipment dually. We use the dump trucks for hauling in shavings and we haul, we use the semi for hauling in the round bales so that ’s how we transport you know all this stuff in is with the trucks so, just so you know that too. It ’s not just you know definitely the agricultural and the excavating. They go hand in hand so . Yeah, so just keep that in mind. Aller: And then how much hay is created because I have no idea when, if you ’ve got the 66 and then what is your likelihood of getting the 66 acres? Sandy Worm: Well actually we do make a lot of hay. We make the field alongside of Marty Schutrop. That ’s the tight field. We do some of Tim Erhart ’s meadow land. We do a field in Chaska. Chuck ’s home site so there ’s a lot of. Aller: But I mean as far as storing hay on your property. Do you go next door and take his hay and put it on your property and go to the other location, that ’s where you get your hay now? Sandy Worm: Yes, exactly. We have another. Aller: And then how much hay do you actually have on your property on a normal year? Chuck Worm: Well between, we ’ve got a, since we can ’t find like a hay barn to store hay in, we ’ve got a, what is it? 50 by 80 foot building right now that was used for farm equipment and combination excavation equipment and right now we can, we fill th at up from one end to the other. And another 60, right now I ’ve got 66 acres. Another 66 acres would double that so that ’s kind of why I ’m trying to get the additional storage. It ’s hard to find storage. Aller: Okay, it gives me a better idea of how much hay you ’re talking about and the size requirements. Chuck Worm: Yeah. Yeah. Aller: And then if you, but if you do that still, we still have to resolve that issue with the mechanical business equipment as opposed to the agricultural equipment, even if you have one or two items that are agricultural. What about the rest of the items? Sandy Worm: What size is Jesse ’s shed? There ’s a big shed out there. Chanhassen Planning Commission – May 21, 2013 15 Chuck Worm: Well yeah, we ’ve got another big storage building which is, I think it ’s 50 by 120 or something like that and it ’s full of combination again you know farm equipment. I keep a lot of farm equipment out there in the winter with my excavating equipment so it kind of, you know my business kind of works together you know so I ’m just not, just not excavating. We ’re always farming too so it works together. Aller: Okay great. Any other questions of the applicant? Undestad: You keep horses and stuff out there on a regular basis … Chuck Worm: Yep. Sandy Worm: Oh yeah, it ’s Bobcat ’s moving manure all the time and yeah, we ’re feeding hay. We ’re using the Bobcat ’s all the time. Actually I own my own so. Aller: Okay, anyone else have questions of the applicants? Weick: Is the riding academy, is that an ongoing business today? Sandy Worm: Is it what? Weick: Is it a business ongoing? Sandy Worm: Yep. Yep. Mostly Saturdays now and then when school gets out we ’ll do our summer hours and change to the summer. Aller: And that ’s permitted on an annual basis as stated in the report, right? Sandy Worm: Yes. Weick: I don ’t know anything about hay obviously but is this a seasonal thing? Is it stored just certain parts of the year and then the building would be pretty much vacant, is that correct? Chuck Worm: Yeah, I usually by spring, by May the storage hay shed I ’ve got right now, it would be empty and at this time we, you know if we got additional equipment, I don ’t like to have it outside so it goes in that shed until we start making hay probably in 4 weeks so then that all starts over again and usually our, the last day is about September-October so yeah. Weick: Is it common to have a structure, you know a fairly substantial structure to store a commodity like hay? Or are there other temporary types of structures that would be useful? Sandy Worm: Not for horses because you don ’t want any mold on it so. Some people you ’ll see it stored outside but that ’s more for cattle because horses get very sick from the mold so. Aller: Thank you very much. Sandy Worm: You bet. Aller: Anyone else wishing to come forward, we ’ll open up the public hearing for purposes of comment. Speaking for or against the proposal. Chanhassen Planning Commission – May 21, 2013 16 Marty Schutrop: Marty Schutrop again. I live just south of Chuck and you know I guess I ’ve never understood this ordinance that the city did in 2005 because I went last year I wanted to build, I have a 2,500 square foot building on my property and I have horses and I wanted to build a 1,000 square foot additional hay thing and I was told that you ’re never going to get it through the council and I was basically told you can ’t do that anymore because they ’re not going to allow any of these buildings anymore so, and I do sympathize with Chuck about storage and running a business and trying to keep it all, and keep the neighbors happy so, but I guess if the council approves buildings in this area, why wouldn ’t they approve them half a mile down the road then is what I ’m saying. Maybe the council needs to look at people that are actually have acreage that want to just have enclosed stuff instead of putting their stuff outside, that we can put it into some buildings so that ’s my comments so. Aller: Thank you. Gary Benziek: I ’m Gary Benziek. I live at 731 West 96 t h . Aller: Welcome sir. Gary Benziek: And I find it kind of comical we ’re here again on this same issue. I watch Chuck all summer long drive wagons of hay home. A farmer ’s nightmare is a sudden cloud burst and right now he has nowhere to pull those wagons in if that ’s the case. This building would give him that opportunity to do that. I grew up on the farm and I know what haying is and I know what is required to keep it dry. If you ’re going to have good hay for your animals it must be taken care of properly. I ’m in favor of this proposal, more on the line of again the same issue as last year. These are large acre lots in a R-2, A-2 area and I find it hard to imagine that these lots should be lumped into the same restrictions that a city lot of a quarter to maybe a third the size of any of these lots have. That ’s why we purchased these lots so that we could have room to have equipment if we needed to. We understand the zoning with businesses. I don ’t think it ’s staff ’s job to say well maybe a business is going to be there. If a business is there it ’s staff ’s job to do what the ordinance says and eliminate that problem. I don ’t think it ’s staff ’s job to say well we think this might happen. When I moved in I was told there ’s going to be a street right next to me so I put two rows of evergreens to shade, or to you know hopefull y screen that street area. Two years later when I put up my building I was told there was never going to be a street there so to guess what ’s going to happen down the road I don ’t think is, you know it ’s great and I applaud staff for doing the job they do but yet I don ’t think that some of these issues should be decided on what might happen. Again as I stated last fall, this is all very, very wetland. If this was ever changed into the type of dense housing that would be up here, they ’d all have to be on poles. It ’s swamp. My sump, both sump pumps are running every 10 seconds right now from the rain we ’ve had and they ’ll continue to run that way all year so the only way this could ever become a denser area is if the whole development was bulldozed down, the soil corrected and that would happen. When I did my building I was told there ’s going to be an area in the city, you ’re one of them that will never be small residential lots. And again never say never but that ’s what I was told and I advised that you know, would wish the council would approve their request for a variance because they have plenty of acreage to meet the criteria and what they ’re doing is only going to enhance the property. One last comment in regards to that once this building is up it can never, you know it ’s going to be a problem if future development ever did happen. It ’s an agricultural building. It ’s a pole building. Pole buildings have never been considered anything more than a temporary structure. Most counties you don ’t even need to have a permit to build one. If it ’s for agricultural because it ’s considered temporary so if development ever did proceed that way, this building could be removed with no more work than it was to put it up. Thank you . Aller: Okay, thank you. Anyone else wishing to come forward to speak forward or against? Seeing no one, we ’ll close the public hearing. Comments. Chanhassen Planning Commission – May 21, 2013 17 Yusuf: Can I ask a question? Aller: Sure. Who would you like to talk to? Yusuf: Martin Schutrop. Right there. I have a question for Martin Schutrop. You had mentioned that you recently requested an addition to your lot and it was denied. Marty Schutrop: Well I was told that don ’t even bother applying because we, you, I already had a 2,500 square foot building and I wanted to put up another barn to take the hay out of that and put it, because we have 6, 5 or 6 horses too and it ’s a mess in there so we just wanted a little separate building for the hay that was closer to the pasture and they said no. You ’ve already got your building and we ’re not, we won ’t approve anything. You ’d have to go through, every one of your neighbors would have to approve it and my neighbors don ’t like anything I do so it doesn ’t really matter so I didn ’t even bother doing it so. Aanenson: Can I just make. Marty Schutrop: And I didn ’t know the ordinance had changed. I was never notified as a resident that I couldn ’t add additional buildings onto the property. Aanenson: Let me make a clarification. Aller: Well yeah. Aanenson: First of all we don ’t, we only recommend. We always tell people before they apply what we ’re going to recommend so they go into that knowing that we ’re, this is what the ordinance says. We ’re going to make the interpretation. Obviously the Planning Commission makes their recommendation. If you don ’t get the majority vote, you have a right to appeal it to the City Council so we don ’t also poll the neighbors. The neighbors give you input for your information. For additional information for public hearing. We don ’t ask you to get your neighbors to buy in on any additional changes … Marty Schutrop: Well and I agree that on smaller lots it makes sense but I have 8 acres and I have one little building out in the middle corner. Aanenson: Yep and. Marty Schutrop: To put another building out there wouldn ’t affect anybody really. Aanenson: Well we ’re not here to discuss the merits of that application. Yusuf: I had a follow up question please. Aanenson: Okay. Yusuf: The reason why I brought up that first question was to ask you, as we ’re all educating ourselves about the hay business and storage of hay, what other options might there be to store the hay if you didn ’t get the additional lots, or the additional building? Marty Schutrop: Oh for me or for Chuck? Chanhassen Planning Commission – May 21, 2013 18 Yusuf: I guess for Chuck. Marty Schutrop: Well he has a lot more horses than I do and he cuts hay where we just get it delivered so we only bring as much hay in as we need for probably 2 or 3 months. Yusuf: Okay. Marty Schutrop: We don ’t store enough hay for a year so we just get hay every few months and put it into a smaller area so. Yusuf: Well thank you for that. Aanenson: Mr. Chair, I guess that was my question too. So was the volume of hay to, for the whole, to make it through the whole year or is there another reason to store the volume? I guess I wasn ’t clear on that and we didn ’t ask that question but I guess I ’m learning about the hay storage. Aller: I guess we should ask. Can you answer that question sir? Chuck Worm: What was the question? Aller: How much, when you ’re storing hay, are you doing it for the entire year then? You harvest hay once and then store it at whatever location? Chuck Worm: Yes. Aller: Have you in the past obtained hay and had it delivered as your neighbor has? Chuck Worm: Yeah well we cut, most likely 3 times a year on each field and we do sell some hay to the neighbors and other people that do need it or whatever. We make large round bales. Round bales take up a lot of space so, but yeah we do keep enough storage to feed until you know all the time. We feed dry hay all year round. We don ’t pasture them, or not much. Little bit. Aller: Great, thank you. Aanenson: Yeah I guess that was my question is it for their purposes or is it for a larger purpose, yeah. Yeah, that ’s what I guess. Hokkanen: So was the hay for your own personal horses only? Is that clarification mostly? Aller: No, he sells some. Chuck Worm: No, we sell some to the neighbors and people … Hokkanen: Okay. Aller: Okay, public hearing has been closed so discussion. Undestad: I have a comment on here. Just you know I think your comment about maybe that their place having the most square footage when this is done, you know that, I don ’t disagree with that. They also have the largest site in the whole thing. Chanhassen Planning Commission – May 21, 2013 19 Aller: Right. Undestad: But I think what we ’re, you know what ’s kind of missing on this picture, you know when Degler ’s came in for their ’s, they ’ve got the big farm but Gayle also farms a lot of land around Chanhassen just like the Worm ’s do so not only is it you know their little farm area here but they ’re farming a lot of acreage around town and need the storage on there too so like the Degler ’s they ’re using it to feed their livestock so I think it ’s, you know it ’s a little different again than these other buildings we have looked at on there. Some we approved. Some we didn ’t but you know I think this is more of an agricultural use than any of the other ones we ’ve seen in there so. Aller: Okay. Anyone else comments? I ’m going to be consistent and I ’m going to vote against unless someone wants to try to convince me otherwise but I still feel as though there have been findings that there ’s a commercial business going on at the property and as it ’s been stated, and a request has been made not to think about what might happen, I know what ’s there now is a commercial business and until an effort is made to exclude all the commercial business and equipment and see whether or not the hay actually fits in what ’s there, then perhaps the request is premature so that we can see. I ’m also hearing that there ’s an excess of hay that ’s being sold and there ’s a question as to whether or not that ’s running an agricultural business as opposed to an agricultural lot, which might be prohibited as well so the nature of the property isn ’t necessarily unique for the storage there. I know it ’s, that ’s zoned agricultural but I ’m going to be consistent with what I ’ve been doing all along which is to indicate that the plan has been to restrict these. They didn ’t cut them out completely. They reduced the size and said we have to be very, very careful about the structures that are going in. Had there not been a business I think I might have swayed the other way but since there is a current business on the property I think that we have to take a look at that and perhaps move the equipment and make sure that all the equipment and all the businesses are not running at the property. Making a concerted effort to see whether or not the hay can be stored, and sufficient hay can be stored at that point in time. So that ’s my feeling on that. Tennyson: I agree with the consistency. I feel that the analysis of how a variance is applied is the same as it ’s been in the past and that ’s the way I ’ve voted in the past. Aller: Your mileage may vary. Anybody have comment? Weick: This is very difficult and I would agree that the one, the amount of equipment that ’s being stored in the building that ’s there now that is being used for a purpose that ’s inconsistent with the zoning, to me that ’s you know, that ’s the largest circumstance so I would agree. Aller: Any additional comments? Questions before we vote. Would anyone like to make a motion either for or against the request for a variance? Tennyson: I ’ll make a motion for denial. Aller: Okay, whatever the motion is. Tennyson: The Chanhassen Board of Appeals and Adjustments denies the variance request to construct a 7,120 square foot accessory structure and adopts the attached Findings of Fact and Decision. Aller: I have a motion. Do I have a second? Weick: Second. Aller: I have a motion and a second. Any further discussion, questions or comments? Chanhassen Planning Commission – May 21, 2013 20 Tennyson moved, Weick seconded that the Chanhassen Board of Appeals and Adjustments denies the variance request to construct a 7,120 square foot accessory structure and adopts the attached Findings of Fact and Decision. All voted in favor, except for Undestad and Hokkanen who opposed, and the motion carried with a vote of 5 to 2. Aller: Anyone that ’s aggrieved of the decision by this commission serving as the Board of Appeals and Adjustments should file an appeal in writing, and that ’s a short period of time. It ’s approximately 4 days so sir if you want to appeal the decision go ahead and just request that in writing with the staff. Chuck Worm: Okay. Aller: Thank you sir. Chuck Worm: Yep, thanks. Aller: Anything further? CITY COUNCIL ACTION UPDATE: Aanenson: So the next item on your agenda for the council. Aller: Yeah I was going to look for the minutes. Aanenson: Yep, that would be the apartments that were approved on April 22 nd . So we ’re still waiting for the land use amendment to come through on that one so we haven ’t put the site plan together on that. Then also in your packet were some new signs that were issued so it ’s indicated for us because we don ’t have a business license requirement regarding the Chanhassen Wellness Chiropractic and the Massage. Upcoming agendas, just a reminder to you. On next Tuesday, because the council will not be meeting on Monday because of a holiday, is the joint work session so on that you ’ll be receiving a packet. That ’s been on this, I ’m not sure if everybody ’s got it on their radar. If you cannot make it, I ’ll send out a reminder and I ’ll have Kim, if that ’s alright, just email you the packet. It ’s, what I put in there, those of you that are new didn ’t receive this. We do an annual review. It ’s part of the City Code that we give you an update so we talk about how many permits were issued. We kind of adjust the population projections. And then we also talked about some things that we ’ll be working on this year. We also included in that , those of you that were in attendance on the new normal, kind of put the summary findings in there too so those will be our talking points so you ’ll be getting those here probably Thursday. If you are unable to attend will you let me know and so I can let the council know but that would be and the work session is in the Fountain Conference Room. I can ’t remember exactly what time you ’re on at so, but that ’s scheduled. And then the item that ’s on for June 4 th is a question mark. There ’s still some issues on that that we ’re trying to resolve so that issue may not be on and that would be the Preserve at Rice Lake so there may not be a meeting on June 4 th . There will be one on the 18 th . That item will probably be moved down but we did receive another subdivision last week and that ’s on the Jeurissen property which is in that 2005 study area. So that ’s single and twins and that ’s the piece kind of to the, it ’d be south of what Degler has and to the east of the Ryland Pioneer Pass so, so yeah it looks like a really nice subdivision so you ’ll be seeing that one. We do have a lot of applications we ’re working on now including commercial. Yeah, quite a few commercial projects and a couple of the residential subdivisions. The easy pieces are gone. The rest of this is a little more problematic. There ’s another one on Galpin that ’s kind of working through some issues there. Trying to get the lot sizes a little bigger to make them work better so we ’ll be busy. Right now we ’re just kind of working through some design issues on that so, so we anticipate those coming through. And then we haven ’t set the joint tour yet with the Environmental Commission and the Planning Chanhassen Planning Commission – May 21, 2013 21 Commission but we ’ll do that too so, and again we typically don ’t have a meeting on July 2 nd because of the 4 th of July week. People are traveling and doing other things so that ’s on your calendar and then August 6 th is National Night Out so we hope that you ’re with your neighborhood doing something fun in your neighborhood so. Aller: Wonderful. Thank you. Aanenson: Up on top you see kind of the things that came in, so the Jeurissen one is one that came in, that we just talked about. And then looks like the City Council is looking at the Sinclair property. That ’s across from McDonald ’s on Highway 5 so there might be something coming in on that one too. And then we ’re still working on the Bluff Creek Cottages. Another senior housing project too so those are just the ones that are public for right now. The other ones are kind of in different stages of getting reviewed so we ’ll be busy. We ’ll see some changes in town. Aller: Great, thank you. APPROVAL OF MINUTES: Commissioner Hokkanen noted the verbatim and summary Minutes of the Planning Commission meeting dated April 16, 2013 as presented. Aller: Any comments or announcements from any of the commissioners? Aanenson: Oh, I got feedback from Kim regarding the GTS Planning Service so, the other folks did you find it interesting? Good. Yeah, so it was in, where was it again? Arden Hills? Yusuf: Shoreview. Aanenson: Shoreview, okay. So but you learned something. Yusuf: Yep. Aanenson: I appreciate you taking the time to go and to get that training. It ’s always good. We try to provide training. It ’s always good to hear from somebody else and then you can kind of keep us in check which is part of your job too to make sure we ’re staying on task and. Weick: Are there any other training opportunities coming? Aanenson: You know GTS is really the best one but we have other opportunities. We have programs, I ’ll try to include those in your packet but certainly there is a budget for training so we ’ll put those in your packet if we see something else that might be of interest for you. I ’m a member of the Sensible Land Use Coalition. We have a program over the lunch hour on Wednesday in St. Louis Park and those are always interesting. Some of them are kind of development, try to rotate around engineering, commercial, residential, all different types of property but I ’ll include those in your packet too so if anybody ’s interested in those. I know for some people it ’s kind of hard to take a 2 hour lunch but if you can go to some of those, those are interesting too so. And any other things that are around here. I know the watershed districts have meetings at the Arboretum on certain drainage issues and I think those are a good thing to learn about too. How those all work so I ’ll make sure I include more of those but the GTS ones are, I don ’t think the next one would come around til almost another year. The Level II so I started you guys off on the Level I so. Aller: I ’ll entertain a motion to adjourn. Chanhassen Planning Commission – May 21, 2013 22 Undestad moved, Yusuf seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 7 to 0. The Planning Commission meeting was adjourned at 8:00 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim 09 CITY OF CHANHASSEN 7700Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 7901Park Place Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us MEMORANDUM TO: Todd Gerhardt, City Manager Uf FROM: Paul Oehme, Director of PublicWorks /City Engineer . DATE: June 10, 2013 v ' SUBJ: Lift Station 10 Improvements, Project No. 13 -07: Approve ConsultantContract PROPOSED MOTION The City Council approves a consultant contract with WSB & Associates for design and construction administration services for Lift Station 10 Improvements in the amount of $46,667." City Council approval requires a simple majority vote of thosepresent. BACKGROUND Lift Station No. 10 is located at the end of Big Woods Drive nextto Lotus Lake and services a large area of the City's Lotus Lake Sanitary Sewer District. This sewer district is nearly fully developed however the sanitary lift station storage capacity is undersized for the size of the district. The lift station was originally constructed in 1975. The Lift Station No. 10 service area extends from Pleasant View Road to south of Sierra Trail between Lucy Lake and Lotus Lake. Two additional lift stations (Nos. 9 & 11) pump to the collection system, which conveys flow to Lift Station No. 10. The service area A-L- cnaaenas rye x•— -- , + I + ew d " LeWnd C3 LS No. 10 Service Area F R 0-0- r-orcemain TOY >. L J: l 1 , EM . 1. J Lift Station 10 r "N at Loma Lake ZIP Ake Ann 41 z Y •- eMV(tyitYt j s jam_ Lr, Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Mr. Todd Gerhardt June 10, 2013 Page 2 encompasses approximately 480 acres and includes approximately 989 service connections. The sanitary sewer flow to the lift station is 0.271 million gallons per day (MGD). An 8 -inch forcemain extends from the lift station southeast along LotusLake to Hwy 101 where it discharges into a 21 -inch trunk sewer. The forcemain is approximately 7,625 feet in length. The station was last worked on in 2002 when new controls and a standbygeneratorwere installed. The lift station is thesecond largest pumping station the City maintains. DISCUSSION LS 10 wet well capacityis inadequate to effectively handlethe volume of wastewater going through the station. The existing wet well has only about 8ft. of normal storage. Therecommended storage for the volume of flow going tothis station is calculated at 21 ft. Since the station has significantly undersized wet well capacity, the pumps cycle continuously causing premature wear. These pumps are constantly being serviced. The significant amount of pump cycling per day is also electrically inefficient. Additionally, whenproblemsoccur, emergency responders have very little time to diagnose, correct the problem and get the station running again before it overflows because the stationessentially does not have any emergency storage. Staff is proposing to drill a new wet well onthe existing lift station easement to create therecommended normal and emergency storage. The station is in close proximity to residential lakeshore properties so construction is limited to the existing lift station easement. The new wet well is anticipated to be drilled next to the existing lift station using caisson construction technique. The existing lift station will be kept in service while the new wet well is being constructed. A tri- plex submersible pumpstation is proposed to provide additional storage working range for the pumps and for a more efficient pumping operation. This will reduce the number of hourly starts and reduce the excessive wear on the pumps. The tri- plex station pumps would alsobe smaller, in the range of 36 hp to 50 hp. Fencing and landscaping improvements will be part of the project. Staff intends to meet with the adjacent property owners to work with them on a mutually acceptable plan. Consultant Proposals Staff emailed request for proposals (RFP) tothree consultants for final design and construction services. On May 16, 2013, staff received proposals for the work from the consultants. All firms submitted a proposal which is summarized as follows: Mr. Todd Gerhardt June 10, 2013 Page 3 Barr Foth WSB & Engineering Infrastructure Assoc., Inc. Environment Submitted prior to the deadline Proposal format F Transmittal letter submitted Consultant team identified Understanding of project Estimate of hours and fees for each task Total Fee 53,000 57,628 46,667 All firms met the minimum qualifications for the project. WSB & Associates had the lowest proposal. WSB has worked on other lift station projects for the City. The most recent project was improvements to lift station 3 on TH 7. They were also the engineer that assisted the Citywith the design of the 2012 street reconstruction project in the Minnewashta Height neighborhood. Their work has been acceptable. Thecontract would be a time and materials based work not -to- exceed amount. As with all engineering contracts, the consultant mustsubmit periodic invoices for staff review prior to processing. The consultant will be required to submit timesheets verifying the hours worked onthe project and expense sheets. Staff will review the invoices and expense sheets for accuracy and conformance to the contract. Schedule The tentative schedule for the project is as follows: NeighborhoodMeeting July 2013 Award of Construction Contract September 23, 2013 Construction Start October 7, 2013 Substantial Completion December 13, 2013 Final Completion June 13, 2014 Attachments: CIP sheet 0 Capital Improvement Program 2013 rhru 2017 City of Chanhassen, MN Project # SS-023 Project Name Lift Station 10 Improvements Account #1 701-7025 - Account #2 Account #3 Account #4 Department Sanitary Sewer Improvements Contact PaulOehme Type Improvement Useful We Category Utilities Priority . n/a Description Total Project Cost: $360,000 hisproject would increase the wet well capacity, replace thepumps with more efficient pumping sequencing and replace the outdated electrical anel of the lift station. Justification Lift Station 10 hasa large sewer shed which is locatedon the west side of Lotus Lake in theCarver Beach area. The station is one of the largest he City maintains. Currently Lift Station 10 has a significantly undersized wet well capacity. The pumps cycle continuously which causes remature wear on the pumps and motors and is very inefficient. Also, the small wet well does not allow much time for the utility department to espond if station problems occur. The lift station is located next to Lotus Lake, which could lead to environmental problems if an accident were 0 occur. Expenditures 2013 2014 2015 2016 2017 Total Construction 360,000 360,000 Total 360,000 360,000 Funding Sources 2013 2014 20152016 2017 Total Sewer utility Fund 360,000 360,000 Total 360,000 360,000 91 0 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227,1125 Fax: 952.227.1110 Web Site wwadchanhassen.mn.us MEMORANDUM 0. TO: Paul Oehme, Director of Public Works /City Engineer FROM: Alyson Fauske, Assistant City Engineer "I 0. DATE: June 10, 2013 SUBJ: 2014 Street Reconstruction Project No. 14 -01: Approve Consultant Contract; Authorize Preparation of Feasibility Study PROPOSED MOTION The City Council is recommended to approve a consultantcontract in the amount of $134,950 with SEH and authorize the preparation of a feasibility study for the 2014 Street Reconstruction Project, No. 14 -01. City Council approval requires a simple majority vote of the City Council present." DISCUSSION Staff is planning to discussthe proposed 2014 street reconstruction project with the Council at the June 10 work session. TheCapital Improvement Program had planned for reconstructing the Minnewashta Shores area north of Lake Minnewashta) and Kiowa Trail (south) next year. The streets in Minnewashta Shores and KiowaTrail were selected using the City's Pavement Management Program and site investigations. Chanhassen is a Community for Life - 1(Z 2014 Street Reconstruction Project June 10, 2013 Page 2 Minnewashta Shores The streets in this project area were constructed in 1971. With the exception of Barberry Circle, the streets were sealcoated in 1994and 1999. The street conditions weresurveyed in 2011and 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 reconstruction, therefore it is no longer cost effective to repair the streets with minor maintenanceor perform a bituminous overlay. The street widths vary between 23' and 27' within 40' or 50' wide right of way. The streets are proposedto be reconstructed to the existing widths. GAEN&PUBLIC\_2014 PROJECTS \14-01 Strea Reconstruaion\approveconsultantcontract 06.10- 2013.docx 2014 Street Reconstruction Project June 10, 2013 Page 3 The watermain in this area is cast iron pipe and has five documented breaks, as shown on the graphic to the right. Staff proposes toreplace the watermain with PVCwatermain. All services would also be replaced. The sanitary sewer will be televised to determine its condition and if there is inflow /infiltration into the system. The project area is developed therefore there is minimal space to provide traditional storm water management, namely curb and gutter, storm sewer and treatment ponds. The Minnewashta Shores Home Owners Association (HOA) owns a property south/east of Cypress Drive, as indicated State Hwy 7 G 2f C HOA Common Area on the graphic to the right. Staff has contacted the HOA and discussed opportunities for stormwater management facilities within this common area. The HOA may be amenableto a project that wouldallow the area to remain open for recreational use. The City has contracted WSBEngineering to provide a preliminary storm water analysis of the area along with recommendations for storm watertreatment. Staff is looking into several storm water treatment systems to help removeparticulates and provide rate control before discharging into Lake Minnewashta. Optional treatment systems include an iron - enhanced sand filtration system, underground infiltration or rain gardensystem. Recommendations and estimated costs will be available in the future. This City has contacted the Minnehaha Watershed District to see if grant funds are available. There are overhead private utilities within the project area. The private utility companies will be notified of the proposed project andasked to provide an estimate to bury the utility. Should the neighborhood wish topursue burying the private utilities, 100% of the cost will be assessed to the benefitting property owners. Kiowa Trail Kiowa Trail is a 21' wide street within a 60' wide right of way. This street was built in 1978and sealcoated in 1992 and 1997. The 2012 pavement condition survey of KiowaTrail revealed a PCI of 13, therefore a street reconstructionproject is proposed. Kiowa Trail currently dead ends at Springfield Drive. In December, 2012 the residents of Kiowa Trail submitted a petition requesting that Kiowa Trail remain a deadend street. Section 7.4.3 of the 2020 Comprehensive Plan states: Back -to -back cul -de -sacs were installed at the north end of Kiowa Trail and the south end of Springfield Drive. The pavement for the northerncul -de -sac was G:\ENG\PUBL[C\_2014 PROJECTS \14-01 Street Reconstruction approve consultant contract 06- 10- 2013.docx 2014 Street ReconstructionProject June 10, 2013 Page 4 installed to the project property line. A breakaway barricade was installed to prohibit thru traffic. The cul -de -sacs were intended to be temporary until either area residents petition the City to open the connection or new Highway 212 is constructed. The construction of Highway 212 was completed in 2007. The portion of Highway 101 adjacent to KiowaTrail is currently under construction and the street connection to the Springfield development viaSpringfield Drive is open to provide Kiowa Trail residents in order to provide access to the area during construction. c il 9 A s y,7 07 d,. N W Q A f- m O Y qn Jg j ° }i t .r 1 D nt Trpr r s V 7r4 4W Location of existingbarricades Staff and the engineeringconsultant will work with the neighborhoods to help make the proposed permanent connection acceptable. One option staff is proposing to include in the project is the installation of a traffic calming island, as shown below. Thisoption may address some of the residents' concerns for traffic speeding and cut through concerns. GrENG.PUBLIC 2014 PROJECTS, 14 -01 Street Reconstructionapprove consultant contract 06- 10- 2013.docx 2014 Street Reconstruction Project June 10, 2013 Page 5 X REMOVE PAVEMENT Usti V V4 LIEDIAN ISLAND s: i. 1 F W Z GC t ffff4 ff f fft fffff RE110`fE PAVEf`AENT REMOVEPAVEMENT i i MW k{ Kiowa Trail is a rural street section with no defined ditches. The street will need to be reconstructed to the current width due to thesite constraints and the right of way width. Concrete curb and gutter is proposedto be incorporated in to the design. The stormwater runoff from about the southern 1/3 of Kiowa Trail will be treated in a TH 101 pond currently be constructed. The north portion of the street runoff is proposed to be treated in a pondin Bandimere Park. Staff is also looking at other storm watertreatment options if a pond in Bandimere Park is not feasible. The City has contacted the Riley- Purgatory -Bluff Creek Watershed District to see if grantfunds are available. Sanitary sewer was installed in Kiowa Trailin 1977. The sanitary sewer will be televised to determine what sections need to be repaired or replaced. An eight inch public watermain is stubbed within Springfield Drive to the north. The Highway 101 reconstruction plans (Lyman Boulevard to Pioneer Trail) include the installation of a 12" trunk watermain within the Highway 101 corridor. The Highway 101 plans include the installation of an G:\ENG`.PUBLIC\, 2014 PROJECTS 14 -01 Street Reconstruction,approve consultant contract 06- 10- 2013.docx 2014 Street Reconstruction Project June 10, 2013 Page 6 8" public watermain stub to Kiowa Trail. Public 8" watermain is proposed to be installed with the 2014 Street Reconstruction project to provide public service to the residents along Kiowa Trail. The design will include a pressure reducing valve station. Water services would be stubbed to the property line. The cost of the watermainimprovements will be 100% assessed to the benefiting property owners. Property owners can then connect to City water aftergoing through the normal connection permit process. Project Financing Budgets for the proposed work have been included in the 2013 CIP. The budgets will need to be reviewed and updated based upon current construction cost estimates and after the feasibility report is drafted. Assessments will be based off the City's assessment practice of assessing 40% of thestreet improvements to the benefiting properties on a per lot basis. The assessments would be proposed for 10 years at a preliminary 6% interest rate. A consultation report will be drafted tohelp determine the final assessment amount. Thecost to install the proposed watermain within Kiowa Trail would be assessed 100% to the benefittingproperty owners since this would be a new utility. This is consistent with the City's assessment practice. For example, properties within the 2007 Dogwood Road /Tanadoona Street and utility project were assessed for 100% of the cost of the sewer and water installation. The Engineering Department will host neighborhood meetings toanswer resident questionsabout the proposed improvements and assessments. These meetings also give staff an opportunity to gather additional information about the area to helpmake the project successful. Engineering Services Consultantengineering services would be needed for the street project. Theengineering services would include feasibility report preparation, final design and constructionadministrative services. Staff sent a request for proposalsto three engineering companies: Kimley -Horn & Associates, SEH, and WSB & Associates. Proposals were received from all three consultants and are summarized below: G:\ENG\PUBLIC \_2014 PROJECTS \14 -01 Street Reconstruction \approve consultant contract 06- 10- 2013.docx SEH Kimley -Horn Associates WSB & Associates Submitted prior tothe deadline Proposal format Transmittal letter submitted Members of the consultant team identified G:\ENG\PUBLIC \_2014 PROJECTS \14 -01 Street Reconstruction \approve consultant contract 06- 10- 2013.docx 2014 Street Reconstruction Project June 10, 2013 Page 7 Understanding of the project Total Hours 1166 1091 877 Total Cost 134,950 158,300 158,582 The proposed SEH team has extensive street rehabilitation project experience in Crystal, Cottage Grove, Cannon Falls and Cambridge. Their work in Chanhassen and other communities has been satisfactory. The consultantcontract will be a time and materials based work not to exceed amount. As with all engineering contracts, the consultantmust submit periodic invoices that staff will review beforeprocessing. The consultant will be required to submit timesheets verifying the hours worked on the project and expense sheets. Staff will review the invoices and expense sheets for accuracy and conformance to the contract. A tentative scheduleis as follows: Approve ConsultantContract June 10, 2013 Complete Soil Borings /Ground Penetrating Radar July /August, 2013 Complete Consultation Report Neighborhood Open House Accept Feasibility Report Hold Public Hearing Bid Opening Assessment Hearing Start Construction Construction Substantially Complete Attachments: Preliminary CIP pages Kiowa Trail petition Resolution G:\ENG\PUBLIC\ 2014 PROJECTS \14 -01 Street Reconstruction \approve consultant contract 06- 10- 2013.docx August, 2013 September, 2013 October, 2013 November, 2013 March, 2014 April, 2014 June, 2014 August, 2014 Capital ImprovementProgram 2013 thru 2017 City of Chanhassen, MN Project # ST -012 Project name Annual Street ImprovementProgram Department Street Improvements Contact PaulOehme Type Improvement Useful Life Unassigned Category Streets/Highways Account #1 601 xxxx -4751 Account #3 Priority n/a Account #2 Account #4 Description Total Project Cost. $17,845,000 Annual project torehabilitate and reconstruct streets in the City. Current 5 -year plan shows.the following neighborhood areas: 2013 - Greenwood Shores, Melody Hill neighborhoods, Horseshoe Curve, Indian Hill Road, Sandy Hook Road neighborhood, Rice MarshLake trail loop extension 2014 - Dartmouth Drive, Cypress Drive and Kiowa Trail b: 2015 - Carver Beach area , hes Mar Drive, Lone Cedar, Saddlebrook Pass neighborhood 3v MSA - Park Road, Park Court and Park Drive y 2016 - North Manor Road, Washta Bay Road, Tanagers Lane, Sandpiper Trail, Piper Ridge Lane and Minnewashta Woods Drive MSA - Kerber Blvd 2017 - Flamingo Drive area and 96th Street MSA - Lake Drive i. Justification The City uses a Pavement Management System to monitor the' condition of the City streets. While properpreventative maintenance extendsthe life of the streetand is cost effective, a street will eventually deteriorate to a point that further maintenance is no longer cost effective. Rehabilitation projects extendthe life of the street. In cases with utility or poor sub grade needs to bereplaced or where streets have deteriorated to a point where rehabilitation will no longer be practical reconstruction of thestreetis necessary. A feasibility study is written toconsider the merits of the project and scope of work. Prior Expenditures 2013 2014 2015 2016 2017 Total 6,400,000 Construction 1,895,000 1,400,000 3,150,000 2,500,000 2,5001000 11,445,000 Total Total 1,M.m 1,400,000 3,150,000 2,500,000 2,500,000 11,445,000 Prior Funding Sources 2013 2014 2015 2016 2017 Total 400,000 Assessment/Revolving Assess 1,895,000 1,400,000 1,850,000 1,500,000 11500,000 8,145,000 otal MSA 1,300,000 110001000 1,000.000 3,300,000 Total 1,895,000 1,400,000 3,150,000 2,500,000 2,500,000 11,445,000 Impactl0ther ct may decrease maintenance costs. 2013 thru 2017 Department Sanitary Sewerlmi>rovemer ts program pital improvement ToePaulOehme Type llnprovement ty of Chanhassen, IAN Useful Life Unassigned ject # 5-414 Category utilities lacement Priority da oject rtamc Sanitary Sewer Rep Account #3 Aceount a 70170254751 Account #4 0 000 Tow Projeet Cost: $1,34 Account #2 t escription Wer lines in conjunction with the reconOII of the City scree eplacement orrehabilitation 0f existing sanitary s to select streets for rehabilitation in an effort to realisecost savings by ypstjitCation utilities in the proces The City considers the condition of the existing consolidatingthem projects - 2017 Total 2013 2014 2015 216000 , 790,000 prior Expenditures 300 000 75.000 40,000 780,000 75,000 75,0 300.000 550,000 Construction 75,0 ' Total Total Total 2015 2016 2017 790,- 2013 2014 40,000 Funding Sources 000 75,000 4t1,000 790,000 Prior 75.000 75.000 550,000 Sewer Utility Fund Total 75,000 300,E Total Budget Im act/Oth Budg P This project will decrease maintenance cow 88 Capital Improvement Program City of Chanhassen, MN Project # W-024 Project Name Watermain Replacement Sys Account #1 700-7025-4751 Account #2 ment of existing water main lines for street rehabilitation projects. 2013 &u 2017 Account #3 Account #4 Department Water System improvements Contact Paul Oehme Type Improvement Useful Life Unassigned Category Utilities Priority n1a Total Project Cost: $3,275,000 coordination with thereconstruction of the City street projects or minor fixes of water Justification The City considers the condition of the existing utilities in the process to select streets for rehabilitation in an effort to realize costsavings by consolidating these projects and also to avoid potential cuts in recently improved streets. If significant repairs are necessary to the existing water main, replacement may be the mostcost effective option. Given the highly corrosive soils in the City, water main replacement is an ongoing t i City. project in the Ci Prior Expenditures 2013 2014 2015 2016 2017 Total Construction 175,000 700,000 125,000 700,000 75,000 1,775,000 Total Total 175,000 700,000 125M 700,000 75,000 1,775,000 Prior Funding Sources 2013 2014 2015 2016 2017 Total Water Utift Fund 175,000 700,000 125,000 700,000 75,000 1,775,000 Total Total 175,000 700,000 125i000 700,000 751000 1,775,000 Budget Impact(Other These projects will decrease maintenance costs. I Capital Improvement Program 2013 rhm 2017 City of Chanhassen, MN Project # SWMP -019 Project Name Street Improvement Projects - Storm Water Mgmt Account #1 720 - 7025 -4751 Account #3 Account #2 Account #4 Department Surface Water Management Contact PaulOehme Type improvement Useful IAfe Unassigned Category SWMP Priority n/a Description TotalProject Cost: $1,350,000 An annual amount set aside for stormwater management infrastructure construction or expansion associated with street improvement projects mdertaken by theengineering and public works departments. Justification Street improvementprojects frequently require construction or expansion of storm water management infrastructure in order to comply with federal, state and local regulations, as well as protectingexisting and proposed development adjacent to the projects. Prior Expenditures 2013 2014 2015 2016 2017 Total 850,000 Construction 50,000 200,000 50,000 200,000 500,000 Total Total 50,000 200,000 50,000 200,000 500,000 Prior Funding Sources 2013 2014 2015 2016 2017 Total 850,000 Surface Water Utility Fund 50,000 200,000 50,000 200,000 500,000 Total Total 50.E 2DOM 50,E 2DOM 500,000 Budget Impact/Other nventory, inspection and maintenance of new infrastructure will be required. Citywide. No map 106 Paul Oehme Director of PublicWorks 7700 Market Blvd. Chanhassen, MN 55317 RE: Petition for Kiowa Trail / Highway 101 Improvements Dear Paul: Enclosed you will find a Petition signed by 100% of the homes on Kiowa Trail. As stated on this Petition, we as homeowners want to make the city aware that we unanimouslyprefer to keep KiowaTrail a deadendstreet. We understand the need to openthe street up into the Springfield neighborhood during construction of Hwy 101. With that, we continue to ask that once the construction is complete, Kiowa Trail is permanently made a dead end street and appropriate signageand barrios be placed onthe street. If you have anyquestions regarding this Petition or are uncertain of the wishes of the Kiowa community, please contact me at your earliest convenience. Sincerel amie Heilicher 9280 Kiowa Trail Resident since 1986 763 -544- 7600 x206 CITY OF CHANHASSEN PECEUV1E® DEC 1 2 2012 6.. - -.s Petition Kiowa Trail — Chanhassen Minnesota — CarverCounty Highway 101 Improvements — Kiowa Trail through Street The following homeowners on Kiowa Trail have signed this petition to make their preferences known regarding the future of Kiowa Trail. As development of the area and the expansion of Highway 101 continue to increase trafficin our area, we see the need to notify the city planners that we collectively do not want to see Kiowa Trail become a through street to the Springfield Neighborhood. We envision a significant increase in traffic on our street would change the neighborhood we have come to enjoy. Notonly the width of the street, but the elevation changes would create dangerous site lines from driveways as increased speeds and traffic wouldultimately be realized. Address: q,91,90 k(OW p- RA-t L-, Owner(s): Signature(: Address: Owner(s): Address: f 5/0 K l O WW f V L- Owner(s): J r el/ J/LL d tz Signature(s): Page 1 of 6 f 8 Address: Owner(s): Signature( w I q qftt, tw Address: 't209'1 K OW1q I—R A <L.. Owner(s): F—c-6orv (vri c t4 e, _ ! ), o r? Signature(s): Address: qj ( t 1 r,4 Owner(s): Signature(; Address: Owner(s): Signature(. qa si << DwQ . Via; Address: at5 j ;b tj cr /,Cc; Owner(s): Signature(s): Page 2 of 6 Address: Owner(s): J " c Jam- l - •1 t Signature(s): ` Address: `7 f1-25 3 E 7-- Owner(s): - Signature(s): ter' Address: q 2- 4--'l 0 va & T ,-- Owner(s): Signature(s): 2SZ-I C- .S%Oi'l --- -- S D - Address: Owner(s): Signature(s): a Ys K1 u"-J,'' , S'c"2.`f—`Z.o1oe FS of Address: 1-m,3 e(fim, Owner(s): /,/ Nz A )a L4 I j Signature(s): )2ne4 Page 3 of 6 Address: Signature(s): Address: Owner(s): D C d c Signature(s): Address: l r Gui Owner(s): Signature(s): rat rw5 Address: k y —i -, Owner(s): Signature(s): Address: q3 0 K O wo, 1 r' - Owner(s): Signature(, Page 4 of 1 Address: Owner(s) Signature Address: T)$I K*Vnc 9 tow 1 Owner(s): Signature(, Address: Owner(s) Signature(s): Address: Owner(s): Signature(s): Address: Owner(s): Signature(s): Address: Page 5 of 6 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: June 10, 2013 RESOLUTION NO: 2013- MOTION BY: SECONDED BY: APPROVE CONSULTANT CONTRACT; AUTHORIZE PREPARATION OF FEASIBILITY STUDYFOR THE 2014 STREET IMPROVEMENT PROJECT NO. 14-01 WHEREAS, the areas for improvements in 2014 are as follows: Minnewashta Shores Area Arbor Lane Barberry Circle Cypress Drive Dartmouth Drive Shore Drive Kiowa Trail (south) NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby authorizepreparation of a feasibility study for the 2014 Street Improvement Project and approve consultant work order with SEH in the amount of $134,950 for engineering services related to the project. Passed and adopted by the Chanhassen City Council this 10tt' day of June, 2013. ATTEST: Todd Gerhardt, City Manager Thomas A. Furlong, Mayor YES NO ABSENT CITY OF CNANHASSEN 7700 Market Boulevard PC Box 147 Chanhassen, MN 55317 Administration Phone: 952, 227.1100 Fax: 952.227.1110 BuildingInspections Phone: 952 227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.2271110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310Coulter Boulevard Phone: 952 227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 9522271130 Fax: 952.227.1110 Public Works 7901Park Place Phone: 952.2271300 Fax: 952.227.1310 Senior Center Phone: 952.2271125 Fax: 952.227.1110 MEMORANDUM TO: Todd Gerhardt, City Manager D FROM: Paul Oehme, Dir. of Public Works /City Engineer I ' DATE: June 10, 2013 6 SUBJ: TH 101 (Lyman to Pioneer) Project No. 12 -06: Amend Consultant Contract withKimley -Horn and Associates for FinalDesign 1d, PROPOSED MOTION The City Council approves additional fees for FinalDesign Services with Kimley- Horn and Associates, Inc. in the amount of $61,000 for the TH 101 (Lyman to Pioneer) Improvement Project No. 12 -06." City Council approval requires a simple majority vote of those present. BACKGROUND On March 12, 2012, the City Council approved a final design contract with Kimley -Horn and Associates. On April 23, 2012, the City Council approved a funding agreement with the Minnesota Department of Transportation (MnDOT) for design and right -of -way acquisition (Agreement No. 00789). On November 13, 2012, the City Council approved a resolution to advance State Aid funds for this project. These funds will be paid back with State turnback funds. On February 25, 2013, the City Council approved a construction agreement and State funding agreement, Contract 403091, with the State of Minnesota. On April 22, 2013, the City Council approved a construction contract andState of Minnesota funding agreement for the project. Web Site Kimley -Horn and Associates, Inc. has requested additional fees for extra final www.ci.chanhassen.rdmus design services for the TH 101 project. The items requested were either outside of the original scope of services or involved extra work that MnDOT requested through the review and plan approval process. Chanhassen is a Community for Life - Providing for Today and Planningfor Tomorrow Todd Gerhardt TH 101 Improvement Project 12 -06 June 10, 2013 Page 2 ADDITIONAL CONSULTANT FEES REQUESTED Additional Design for Utility Coordination Building Demolition Construction Phase Plan Additional Property Owner Right -of -way Coordination MnDOT Detour Plan Pond Design Alternatives Additional Federal Aid Review Design Time Reimbursable Expenses Total Estimated Cost 4,500 3,000 9,000 20,000 2,000 4,500 14,500 3,500 61,000 All items are state highway turnback design - related items so State funds are proposed to fund the additional requested costs. The construction contract amount with Eureka Construction is $7,434,402. The total final design service with the additional fee request is about 10% of the construction contract. Industry standards are typically between 8 % -10% of the engineering contracts for these types of projects. The current schedule for the project is as follows: Substantial Construction Completion November, 2013 Final Completion September 12, 2014 ATTACHMENT 1. CIP Sheet gleng \public\ 2012 . projects \12 -06 th 101 (lyman blvd to pioneer tri) improvements \061013 bkgd add f design fees.doc D I Capital Improvement Program 2013 thru 2017 City of Chanhassen, MN Project # ST-028 Project Name TH 101 Improvements - LymanBlvd to Pioneer Trail 11lCVUOr RI Amount #2 Amount #3 Account #4 Department Street Improvements Contact PaulOehme Type Improvement Useful Life Category Streets/Highways Priority a/a F . .. I Total Project Cost: $11,950000 s project ms proposed to makeimprovements on TH 101 fromLyman Blvd [o Pioneer Tract. The improvements are proposed to improve safel bility and to plan for futuregrowth in the region. Theproject is consistent with the 2007 101 corridor seeping study. Federal andstate funds Proposed to be used to pay for most of the improvements. The City will needto pay for extension of watennain consistent with the 2030 rprehensive plan, some storm sewer improvements, a portion of the corridor landscaping and sanitary sewer extension stub. improve safety and mobility on 7T1 101. The project alsoplans for growth of the community south of Lyman Blvd. Expenditures 2013 2014 2015 2016 2017 Total Construction 11,950000 11,950,000 Total 11,950,000 11,950,000 Funding Sources 2013 2014 2015 2016 2017 Total AssessmenVRevolving Assess 75,000 MSA 250,000 -75,000 Other Agency Contribution 10,000,000 2 50,000 Park Dedication Fund 25,000 101800,000 Sewer Utility Fund 75000 25,000 Surface Water Utility Fund 25,000 75,000 Water Utility Fund 70DD00 25,000 700,000 Total 71,950,000 11,950,000 101 4 CITY OF CAANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 BuildingInspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 7901 Park Place Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us MEMORANDUM f , TO: Paul Oehme, PE y PublicWorks Director /City Engineer FROM: Alyson Fauske, PE Assistant City Engineer DATE: June 10, 2013 SUBJ: Approve Drainage and Utility Easement on Lot 4, Block 1 Wynsong (Simple Majority Vote) PROPOSED MOTION The City Council is recommended to approve the dedication of an additional five feet of public drainage and utility easement on Lot 4, Block 1, Wynsong as described on the attached. City Council approval requires a simple majority vote of the City Council present. On February 11, 2013 the City Council approved the Wynsong final plat, located west of GalpinBoulevard and south of Lake Harrison Road. The final plat included a drainage and utility easement over the private street with the minimum width being 30'. During the preconstruction meeting the developer's engineer discovered that additional easement would be required to accommodatethe installation of the small utilities. The developer requests to dedicate an additional five feet (5') of public drainage and utility easement on Lot 4, Block 1 Wynsong toremedy the situation. Staff recommendsthat the City Council approve theattached Drainage and Utility Easement Agreement. Attachment: Easement Agreement c: Todd Simning, Kroiss Development Cara Otto, Otto Engineering g: \eng \projects \t -z \wynsong \06 -10 -2013 approveesmt agmt.docx Chanhassen is a Communityfor Life - Providing for Today and PlanningforTomorrow 1e GRANT OF PERMANENTEASEMENT FOR PUBIC DRAINAGE AND UTILITY PURPOSES GALPIN BLVD. PARTNERS, LLC, a Minnesota limited liability company, hereinafter referred to as "Grantor", in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acl mowledged, does hereby grant unto the CITY OF CHANHASSEN, a municipal corporation organizedunder the laws of the State of Minnesota, the Grantee, hereinafter referred to as the "City", its successors and assigns, forever, a permanent easement for public drainage and utility purposes over, across, on, under, and through land situated within the County of Carver, State of Minnesota, as described on the attached Exhibit N' anddepictedonthe attached Exhibit `B ". INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter upon the easement premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public drainage and utility systems over, across, on, under, and through the easement premises, together with the right to grade, level, fill, drain andexcavate the easement premises, and the further right to remove trees, bushes, undergrowth, and otherobstructions interfering with the location, construction, and maintenance of said public drainage and utility systems. 170386VI The above named Grantor, for itself, its successors and assigns, does covenant with the City, its successors and assigns, that it is well seized in fee title of the abovedescribed easement premises; that it has the sole right to grant and convey the easement to the City; that there are no unrecorded interests in the easement premises; and that it will indemnify and hold the City harmless for any breach of the foregoingcovenants, IN TESTIMONY WHEREOF, the Grantor hereto has signed this agreement this day of M 2013. STATE OF MINNESOTA ) ss• COUNTY OF CARVER. ) GRANTOR: GALPIN BLVD. PARTNERS, LLC C Its: Theforegoinginstrument was M. knowledged before m this Z 2" day of 2013, by - the , of Galpin Blvd. Partners, LLC, a Minnesota limited liabiliry company, on behalf of said company. 01 - -r _ -+ Z 56 j FW Q MEN - DRAFTED BY: CAMraBLL Kmnsm Professional Associa"i 317 EagwWale Office Center 1380 Corporation Center Curve Eagan, Minnesota 55121 Telephone: 651- 452 -5000 RNK/cjh LISA MAE FAILS NoTARYPusuc NIIII MTA ConnpflNo Jen.81,2Wi 170386v1 2 EXHIBIT "A" TO GRANT OF PERMANENT EASEMENT A perpetual easement over, under, and across that part of Lot 4, Block 1, WYNSONG, Carver County, Minnesota, according to the recorded plat thereof that lies Easterly, Northerly, and Westerly of the Southerly drainage and utility easement as dedicated on said WYNSONG and Southerly of the following described line: Commencing at the Northwest corner of said Lot 4; thence on anassumed bearing of South 89 degrees 43 minutes 14 seconds East, along the North line of said Lot 4, a distance of 127.67 feeet; thence South 13 degrees 41 minutes 49seconds West, a distance of 138.54 feet to the point of beginning of said line; thence South 70 degrees 40 minutes 50 seconds East, a distance of 120.61 feet; thence South 55 degrees 05 minutes 04 seconds East, a distance of 58.71 feet to the Westerly line of the dedicateddrainage and utility easement on said Lot 4 and said line there terminating. 165580v1 M"L vivo 1.rowwa Easement Exhibit N comer of Lot 4 17707 f; eBbtlr r, aM A l r C wr t wat7tAAN a r 1 r r r 1 1 4w s PROPOW DRAOMW AND UWJTr EAMO : , A papetuaf owwrot ow. wmW. cad oaaw !bat pymatt of tot 4 &sok b wfiMM Cesar tbawgp etlw.eta fe th. rrcwdW thastf chat Abe tatsrX rhsfx and d hoe riiabeas l and "eseoaene w eedXesead m Wt at fbe HerdhRwt 40nter of rsld Lat k flrraw w m awwrasd bspiag ar yyy +s rs seomr EwS akaa tba Nortla des of add ear k o dWwco d 71xC7 fmt theca SWM IS drum dr adwtoIa isemasa Mbt a d&taiat d MM Rwt tt tM "ht d d adw Ada M . , SN A lea dapwt 4O aataahs d0 aecaMlr Earl a datenm of } 0 I,* thanes $,,0 33 deyta+s ,S mtautat erf aeeaadtr East a de+taaoe d 3877 fiat to the Wows* Ad of the dedketd dolm" aed awgr aonorst w a.w tat I cad Aw Ado d+ra dWjW ko*rAoe~ehwd p &WWW- kich0p74AaM dr»pp»MfMdo entad LkOWAMM hW d rdv4 crash w wW trat ram. c0L4p L kw,wd Lard 5law)w wd§rft A"Mofft Atlroretoda. Pad 6 oft Kroiss 5115113 1 PEO f:. N 5' 1 i as o .70 1 1 4 1 Rca7 ed' s10 menu car: tJaotardw. PEO f2 —ot9t MORTGAGE HOLDER CONSENT TO EASEMENT CHARLES C. S. SONG, who holds a mortgage on all or part of the property subjectto the foregoing Grant of Permanent Easement for Public Drainage and Utility Purposes, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in, consents and is subject to the foregoing Easement. Dated this 24 day of 2013. STATE OF MINNESOTA ) COUNTY OF Charles C. S. Song f The foregoing instrument was acknowledged before me this 2V" day of 2013, by Charles C. S. Song. NO LIC DRAFTED BY: CAMPBELL KNUTSON ProfessionalAssociation 317Eagandale Office Center 1380 CorporateCenter Curve Eagan, Minnesota 55121 Telephone: (651) 452 -5000 AMP /ojh l65580vf OLISAMAEFAIL PUBLIs INN WTA CITY OF 7700 MarketBoulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.2271100 Fax: 952227,1110 BuildingInspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.2271170 Finance Phone: 9522271140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 7901 ParkPlace Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.cichanhassen.rnn.us MEMORANDUM TO: Mayor & City Council FROM: Todd Gerhardt, City Manager DATE: June 10, 2013 . SUBJ: Approve Purchase Agreement with Center Companies for Redevelopment of Ivan's Sinclair Gas Station, 7910 Dakota Avenue PROPOSED MOTION: The City Council approves the Vacant Land Purchase Agreement between the City of Chanhassen Center Companies in the amount of $85,000 for purchase of excess right -of -way associated with the Sinclairproperty at 7910 Dakota Avenue. Approval requires a simple majority vote of the city council. Attached please find a Vacant Land Purchase Agreement between the City of Chanhassenand Center Companies (Attachment #1). Center Companies President Ben Merriman has been active in redeveloping sites in Chanhassen for the pastseveral years, including Goodwill and Haskell's. Mr. Merriman is now working onthe redevelopment of the Sinclair Gas Station site at 7910 Dakota Avenue (Attachment #2). PROPOSED REDEVELOPMENT PLANS Currently, the Sinclair gas station sits on approximately .6 acres of land. It operates as a gas station/convenience store and sells liquid petroleum out of a 2,000 - gallon bulk storage tank just north of the store. The property iszoned Highway Business and the site conformstoall of the city's zoning regulations with the exception of sitecoverage percentage. Center Companies is proposing to demolish the convenience store and remove both the liquid petroleum and the underground gas tanks. In its place, Center Companies wouldbuild an 8,000 sq. ft. retail center that would accommodate three tenants. Thetenant mix includes a coffee shop with a drive -thru, specialtysandwich shop, and the third tenant is unknown at this time (Attachment #3). To accommodate the 8,000 sq. ft. building, the developerintends to purchase a portion of the city -owned property adjacent tothesite. g:\admin \tg\sinclair\cc report 6- 10- 13.docx Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Mayor & City Council June 10, 2013 Page 2 PROS AND CONS OF THEREDEVELOPMENT Pros Could boost taxrevenues (Attachment #4): 2012 Tax Estimates: Total City Portion Current Development Pays $17,580 $1,494.81 After Redevelopment $48,088 $4,800.00 More Job Opportunities: In addition to the construction jobs created by the redevelopment, a minimum of 16 new jobs would be created by the new tenants. Improving the environment by correcting the contaminated soils from the previously leaking tanks. Elimination of the risk associated with liquid petroleum and automobile gas. Improving the aesthetics of the area by introducing higher quality architecture. Eliminates access points offof Dakota Avenue and avoids traffic conflict. Cons Potential traffic increase on Dakota and Lake Drive. Change in the neighborhood mix of retail. The excess right -of -way is not buildable in its current configuration. The area is better served by combining the two parcels (Sinclair and city parcel) for one larger development. TERMS OF THE PURCHASE AGREEMENT Purchase Price: $85,000 ($3.20 per sq. foot x 26,531 sq. ft.) Closing: No later than June 1, 2014 Real Estate Commission: Lotus Real Estate Services, 3% of purchase price or $2,550 Contingency: Sale is contingent upon the project receiving site plan approval from the city Staff supports the proposed redevelopment and the attached purchase agreement. In most cases, cities would provide monetary support for a redevelopment project similar to this request; specifically, assistance with soil corrections or relocation of utilities. Selling a portion of the city's excess right -of -way makesthe project feasible for the city and developer. Mayor & City Council June 10, 2013 Page 3 RECOMMENDATION Staff recommends approval of the attached Vacant Land Purchase Agreement with Center Companies for a purchase price of $85,000. ATTACHMENTS 1. Purchase Agreement dated May 7, 2013 2. Air Photo of the City's and Sinclair Properties 3. Proposed Redevelopment SitePlan 4. ProposedTaxes on an 8,000 sq. ft. Retail Center VACANT LAND PURCHASE AGREEMENT 1. PARTIES. This Purchase Agreement is made onthe day of 2013, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation, ( "Seller "), and CENTERCOMPANIES, LLC, a Minnesota limited liability company ( "Buyer "). 2. OFFER/ACCEPTANCE. Buyer offersto purchase and Seller agrees to sell the following property thereal property located in Carver County, Minnesota, described on the Exhibit A attached hereto and incorporated hereinby reference ( "Land "), together with all easements and rights benefiting or appurtenant to the Land (collectively the "Property") 3. PRICE AND TERMS. The total purchase price ( "Purchase Price ") for the Property included under this Purchase Agreement is Eighty-Five Thousand and No /100 Dollars ($85,000.00). The Purchase Price shall be payable as follows: A. Earnest Monev. $1,000.00 as earnest money ( "Earnest Money ") which Earnest Money shall be held by Land Title, Inc. in an interest - bearing trust account ("Title Company ") in accordance with the Escrow Agreement attached hereto as Exhibit B. All Earnest Money shall be: (i) distributed to Seller at the time of closing to be applied to the Purchase Price; (ii) distributed to Seller as liquidated damages and as Seller's sole remedy, in the event Seller performs all of its obligations under this Agreement and Buyer fails to close as required in this Agreement. The Earnest Money will be returned tothe Buyer in the event of (i) refusal of the Seller to perform its obligations under this Agreement; or (ii) Buyer's termination ofthis Agreement with the ContingencyPeriod as hereinafter set forth. Buyer's sole remedy if Seller refuses to perform its obligations shall be to have the Earnest Money returned. B. Balance of Purchase Price. The balance of Purchase Price in cash or by wire transfer of U.S. Federal Funds on the Closing Date as hereinafter defined. 4. DEED/MARKETABLE TITLE. Upon performance by Buyer, Sellershall execute and deliver to Buyer a Limited Warranty Deed, conveying good and marketable title of record, subject to: A, Reservations of minerals or mineralrights by the State of Minnesota, if any; B. Building and zoning laws, ordinances, state and federal regulations; and C. The lien of real property taxesand the lien of special assessments and interest due thereon, if any, payable in the year of closing which by theterms of this Purchase Agreement are to be paid or assumed by the Buyer. D. Items identifiedin Section 9 of this Agreement; 167401v57 E. Any encumbrances shown on the title commitment to which Buyer has not objected to prior to the expiration of the twenty (20) day period provided underSection 9 of this Agreement ( "Permitted Encumbrances "). 5. REAL ESTATE TAXES ANDSPECIAL ASSESSMENTS. A. Prior Years' Delinquent Real Estate Taxes and Delinquent Special Assessments. Delinquent real estate taxes payable in years prior to the year of Closing and delinquent installments of special assessments certified for collection with real estate taxes payable in years prior to the year of Closing, together with penalty, interest and costs, shall be paid by Seller not later than the Date of Closing. B. Real Estate Taxes Payable in the Year of Closing. Real estate taxes payable in theyear of Closing shall be prorated betweenSeller and Buyer on a calendar year basis to the Date of Closing. Buyer shall assume installments not paid at Closing. Sellershall pay penalty, interest and costs on any delinquent installment of taxes and special assessments payable by Seller in the year of Closing. C. Deferred Real EstateTaxes. Sellershallpay on Date of Closing orprovide for payment of any deferred real estate taxes (including "Green Acres" taxes under Minn. Stat. § 273.111) payment of which is required as a result of the Closing of this sale and the recording of the Deed. Provision for payment shall be by payment into escrow of 1.5 times the estimated payoff amount of the deferred taxes. D. Certified Special Assessments. All installments of special assessments certified for payment with the real estate taxes payable in the year of Closing shall be paid by Seller at Closing. E. Pending Special Assessments. Sellershall providefor payment of special assessments pending as of the date of this Purchase Agreement for improvements that have been ordered by the City Council or other governmentalauthorities. Seller's provision for payment shall be bypayment into escrow of 1.5 times the estimated amount of the assessments. If a special assessment becomes pending after the date of this Purchase Agreement and before the Date of Closing, Buyer may, at Buyer's option: 1) Assume payment of the pending special assessment without adjustment to the purchase price of thereal property; or 2) RequireSellerto pay the pending special assessment (or escrow for payment of same as provided above) and Buyer shallpay a commensurate increase in the purchase price of the real property, which increase shall be the same as the estimated amount of the assessment; or 3) Rescind this Agreement, in which case all Earnest Money shall be refunded to Buyer. F. All Other Levied Special Assessments. Sellershallpay on the Date of Closing all other special assessments levied as of the date of this Purchase Agreement. 6. SELLER'S BOUNDARY LINE, ACCESS, RESTRICTIONS AND LIEN WARRANTIES. Seller warrants that buildings are entirely within the boundarylines of the Property. Seller warrants that there has been no labor or material furnished to the Property for Seller for which payment has not been made. Seller warrantsthat there are nopresent violations of any restrictions relating to the use or improvement of the Property. Seller warrants that the Property is notsubject to a lien for Medical Assistance or other public assistance. 7. ACCESS PRIOR TO CLOSING. Upon reasonable noticeto Seller, Buyer and Buyer's authorized agents shall have the right during the period from the date of this Agreementto the Date of Closing to enter in and upon the Property in order to make, at Buyer's expense, surveys, measurements, soil testsand other tests that Buyer shall deem necessary. Buyer agrees to restore any resulting damage to the Property and to indemnify, hold harmless and defend Seller from any and all claims by third persons of any nature whatsoever arising from Buyer's right of entry hereunder, including all actions, proceedings, demands, assessments, costs, expenses and attomeys' fees. Buyer shall not perform any invasive testing of the Property without Seller's prior written consent. Seller's consent may be conditioned upon any restrictions that Seller deems necessary. Buyer shall provide to Seller a copy of any suchsurveys, measurements, soil tests or other tests within five (5) days after receipt. 8. POSSESSION. Seller shall deliver possession of the Property not laterthan the actualdate of closing. 9. TITLE INSURANCE. Within fifteen (15) days following the date of thisAgreement, Seller, at its expense, shall furnish a title insurance commitment in the full amount of the Purchase Price issued by Land Title, Inc. ( "Title Company ") or another title insurance companyreasonably satisfactoryto Buyer, certified to date to include proper searches covering bankruptcies, state and federal judgments and liens, by which said companycommitsto issue its policy of title insurance that insures that at closingBuyer shall have good, marketable and insurable title of record to the Premises, free and clear of all liens, encumbrances, leases except for the following: i) All declarations, covenants, conditions, drainage and utility easements currently of record; ii) Zoning and all other governmental ordinances, regulations, requirements and laws; iii) Those exceptionsshown onthe Commitment; iv) Easement in favor of Northern States Power Company dated December 22, 1097, filed 1/8/1988 as Document No. 93091; v) License in favor of U.S. Communications, Inc. dated June 27,1991, filed July 3, 1991 as Document No. 125470; vi) Driveway Easement dated March 19, 2005, filed April 6, 2005 as Document No. A411280; Buyer shall be allowedtwenty (20) business days afterreceipt of the title commitment and land survey for examination of title and making any objections, which shall be made in writing or deemed waived. 10. TITLE CORRECTIONSAND REMEDIES. Sellershall have twenty (20) business days from receipt of Buyer's written title objections to notify Buyer of Seller's intention to make title marketable within one hundred twenty (120) days from Seller's receipt of such written objections. If notice is given, payments hereunder required shall be postponed pending correction of title, but upon correction of title within ten (10) days after written noticeto Buyer, theparties shall perform the Agreement accordingtoits terms. If no such notice is given, or if notice is given but title is not corrected within the time provided for, this Agreement shall be null and void, at the option of Buyer, and in such case, neither parryshall be liable for damages hereunder to the other. 11. NOTICES. All notices required herein shall be inwriting and deliveredpersonally or mailed to the address as shown at Paragraph 1, above and if mailed, are effective as of the date of mailing. 12. MINNESOTA LAW. Thiscontract shall be governed by the laws of the State of Minnesota. 13. WELL DISCLOSURE. [Check one of the following: ] XX Seller certifies that Seller does not know of any wells onthe Property. Wells on the Property are disclosed by Seller onthe attached Well Disclosure form. 14. DISCLOSURE OF INDIVIDUAL ON -SITE SEWAGE TREATMENT SYSTEM. Check one of the following: J XX Seller certifies that Seller does not know of any individual on -site sewage treatment systems on the Property. Individual on -site sewage treatment systems on the Property are disclosed by Selleron the attached Disclosure form. 15. SELLER'S COVENANTS, REPRESENTATIONSAND WARRANTIES. A. Seller, as part of the consideration therefore, represents warrants, and covenants with Buyer and its successors and assigns that: 1) Seller has thepresent full authority and power to execute thisAgreement and to closethe sale of the Property. 2) That Seller has not received notice of (a) any actual or pending litigation or proceeding by any organization, person, individual or governmental agency against Seller with respect to the Property or against the Property, (b) any violation of the Property's compliance with applicable fire safety laws, building code ordinances, zoning ordinances or any similar statutes, ordinances, laws, rules or regulations, (c) any condition, defect or inadequacy which, if not corrected, would result in the termination of, orincrease in the cost of, insurance coverage, (d) any proceedings which could cause the change, redefinition or other modification of the zoning classifications or of other legalrequirements applicableto the Propertyor any part thereof, or (e) any pending or threatened condemnationproceedingthat would affect the Property. 3) Except as set forthin Section 9, onthe Date of Closing there will be no (a) outstanding leases or occupancy agreements, or (b) outstanding contracts made by Seller for any improvements to the Property which have not been fully paid for or for which Seller shall makearrangementstopay off except such contracts as shall be agreed upon bySeller and Buyer for improvementsto the Property and Seller shall cause to be discharged all mechanic's or materialmen's liens arising from any labor or materials furnishedto the Property prior to the Date of Closing. 4) Seller will not, without the prior written consent of Buyer: a) construct or enter into anyagreement or commitment to construct any improvementoralteration to the Property; or b) enter into or consent to any lease, easement, covenant or other obligation affecting the Property or alteration to the Property except as provided herein. 5) Seller shall deliver to Buyer a written notice of the commencement of any legal action by any governmental authority or third party affecting the Property and will make no concessions or settlements with respect to anysuch action without Buyer's prior written consent. 6) Seller is not a foreign person, as such tern is defined in Section 1445(f)(3) of the Internal RevenueCode of 1986, as amended, and shall deliver an affidavit to that effect at closing, which shall be in form andsubstance reasonably acceptable to Buyer. B. All of Seller's covenants, representations and warranties in this Agreement shall be true as of the date hereof and of the Closing Date, and shall bea condition precedent to the performance of Buyer's obligations hereunder. C. PROTECTED HISTORICAL SITES. [Select either (1) or (2) below.] X Seller represents that Seller does not know if there are historical, native 5 American, or archeological materials on or in the property that might be protected by law. Seller represents that the property does not have any American Indianburial grounds, otherhuman burial grounds, ceremonial earthworks, historical materials, and/or otherarcheological sites that are protected by federal or state law. Buyer's obligation to close is contingent upon Buyerdetermining toBuyer's satisfaction that the property does not haveany American Indianburial grounds, other human burial grounds, ceremonial earthworks, historical materials, and/or other archeological sites that are protected by federal or state law. 16. SELLER'S AFFIDAVIT. At closing, Sellershallsupplement the warranties and representations inthis Purchase Agreement by executing and delivering a Minnesota Uniform Conveyancing Blank (Form No. 116 -M, 117 -M, or 118 -M] Affidavit of Seller. 17. CLOSING. The closing (the "Closing ") of the purchase and sale contemplatedbythis Agreement shall occur at a location designated by Buyer, and shall occuron or before June 1, 2014 Closing Date "). At closing, Seller and Buyer shalldisclose their SocialSecurity Numbers or Federal Tax Identification Numbers for the purposes of completing state and federal taxforms. 18. CLOSINGDOCUMENTS. A. At the Closing, Seller shall execute and/or deliver to Buyer the following (collectively the "Closing Documents "): 1) Limited Warranty Deed. A Limited Warranty Deed in recordable form and reasonably satisfactory to Buyer, which shall include the following well representations: "Seller certifies that the Seller does not know of any wells on the described Property." 2) Seller's Affidavit. A standard form affidavit by Seller indicating that on the date of Closing there are no outstanding, unsatisfied judgments, tax liens or bankrupt- cies against or involving Selleror the Property; that there has been no skill, labor or materialfurnished to the Property for which payment has not been made or for which mechanic's liens could be filed; and that there are no other unrecorded interests in the Property. 3) Non - Foreign Person Certification. A certification in form and content satisfactory to the parties hereto and their counsel, properly executed bySeller, containing such information as shall be required by the Internal Revenue Code, and the regulations issuedthere under, in order to establish that Seller is not a foreign person" as defined in § 1445(f)(3) of such Code and such regulations. 4) Storage Tanks. If required, an affidavit with respect to storage tanks pursuantto Minn. Stat. § 116.48. N 5) Well Certificate. If there is a well locatedon the Property, a well disclosure certificate in form and substance true to form for recording. 6) Certification. A certification that therepresentations and/or warranties made by Seller is materially the same as were in existence on the date of this Agreement or noting any changes thereto; and 7) Other Documents. All other documents reasonably determined by either party or the title insurance company to be necessary to transfer and provide title insurance for the Property. B. At the Closing, Buyer shall execute and deliver to Seller the following: 1) All documents reasonablydetermined by either party or the title insurance company to benecessary to provide title insurance for the Property; 2) Payment of the Purchase Price. 19. CLOSING COSTS. The costs relating to the closing of this transaction shall be paid as follows: A. Buyer shall pay: 1) Recording fee for the Limited Warranty Deed; 2) One -half of the closing fee charged by the Title Company; and 3) The premium for owner's title insurance, including survey coverage. B. Sellershall pay: 1) All costs of obtaining a title insurance commitment; 2) State deed tax; 3) One -half of the closing fee charged by the Title Company; and 4) Conservation fee attributable to the Limited Warranty Deed 20. ADDITIONAL TERMS. A. Buyer's Contingencies. Buyer's obligations under this Agreement are contingentupon the following ( "Buyer's Contingencies ") expressly contingentuponBuyer's satisfaction with each of the following prior to Closing: 1) Therepresentations and warranties of Seller set forthin this Agreement must be true as of the date of thisAgreement and on the Closing Date, and Seller shall have delivered to Buyersat Closing a certificate dated the Closing Date, signed by Seller, certifying that such representationsand warranties are true as of the Closing Date. 2) Buyerdetermining on orbefore the Closing Date, that it is satisfied, in its sole discretion, with the results of matters disclosed by a Phase I Environmental Audit or by any environmental /engineering investigation or testing of the Property performed by Buyer or Buyer's agent. By executing thisAgreement, Seller herebyauthorizes Buyer to enter upon the Property at reasonable times to conduct the investigations and/or tests described herein. Buyer shall be solely responsible for all environmental tests and shall hold Seller harmless from any such costs and shall indemnify Seller for breach of this provision including reasonable attorneys' fees. 3) Buyer shall have obtained financing in an amount satisfactory to Buyer in its sole discretion. 4) Buyer shallobtainapproval from all governing authorities for Buyer contemplated re- development project allin Buyers sole discretion. Seller and Buyer agree that the transactioncontemplated herein is contingent upon the performance orresolution of the contingenciescontained in this Section. In the event any of the Contingencies have not been satisfied or waived, in the sole and absolute judgment of Buyerby the May 1, 2014 ("Contingency Period "), the Buyer mayterminate this Agreementby givingwritten noticeto the Seller. The Contingencies are for the sole benefit of the Buyer and the Buyer shall have the right to waive any or all of the Buyer Contingencies by written noticeto the Seller. Termination of this Agreement by Buyer as a result of any of the Contingencies not beingsatisfied shall result in both parties hereto beingrelieved of any further rights, responsibilities or obligations hereunder other thanthe return of theEarnest Money to Buyer. Upon Termination of thisAgreement by Buyer, Buyer shall execute a Quit Claim Deed of the Property to the Seller terminating Buyer's interest in this Purchase Agreement. B. Seller's Cominizencies. Seller's obligations under this Agreement are contingent upon the following ( "Seller's Contingencies ") expressly contingent upon Seller's satisfaction with each of the following prior to Closing: 1) Buyer and Seller entering into a Site PlanAgreement for the Property, approved by the Chanhassen City Council. Seller and Buyer agree that the transaction contemplatedherein is contingent upon the performance or resolution of the contingencies contained in this Section. In the eventany of the Contingencies have not been satisfied orwaived, in the sole and absolute judgment of Sellerby the May 1, 2014 ( "Contingency Period "), the Sellermay terminate this Agreement by giving written noticeto the Buyer. The Contingencies are for the sole benefit of the Seller and the Seller shall havethe right to waive any or all of the Seller Contingencies by written noticeto the Buyer. Termination of this Agreement by Seller as a result of any of the Contingencies not being satisfied shall result in both parties hereto being relieved of any further rights, responsibilities or obligations hereunder other than the return of theEarnest Money to Buyer. UponTermination of this Agreement b by Seller, Buyer shall execute a Quit Claim Deed of the Property to the Seller terminating Buyer's interest in this Purchase Agreement. C. "AS IS" Purchase. Except as set forth in this Purchase Agreement or any document contemplated hereby, (i) the Property is being sold, conveyed, assigned, transferred and delivered "as is, where is" on the date hereof, and in its condition on the date hereof, with all faults," and Seller is not making, and expressly disclaims, any other representation or warranties written or oral, statutory, express or implied, concerning the Property, including butnot limited to, representations or warranties relating to value or quality of the Property or with respect to this Purchase Agreement or the transactions contemplated hereby or thereby, and (ii) Seller specifically disclaims any representation orwarranty of merchantability, usage, suitability or fitness for any particular purpose with respect to the Property or any part thereof, or as to the workmanship thereof, or the absence of any defects therein, whether latent orpatent. 21. ADDENDA. Attached are no addenda which are made a part of this Purchase Agreement. 22. TIME IS OF THE ESSENCE. Time is of the essence for all provisions of this Purchase Agreement. 23. MULTIPLE ORIGINALS. Seller and Buyer have signed two (2) originals of this Purchase Agreement. 24. REAL ESTATE COMMISSION. Seller is responsible for a 3% sales commission to Lotus Real Estate Services. 0 The City agrees to sell the Property for the price and terms and conditions set forth above. SELLER: CITY OF CHANHASSEN M Dated: 2013 The Buyer agrees to buy the Property for the price and terms and conditions set forth above. BUYER: CENTER COMPANIES, LLC IC 11 Dated: 2013 EXHIBIT A PROPERTY: Outlot One (1), Chanhassen Estates, Carver County, Minnesota EXCEPT that part of Outlot One (1) Chanhassen Estates, described as follows: Beginning atthe intersection of the East line of said Outlot 1, with a line hereafter described as "Line A" (said Line "A" is a line 50.00 feetSoutheasterly of, measured at right angles to and parallel with thatpart of the Southerly right of way line of State HighwayNo. 5, as shown onsaid plat which has a radius of 2764.79 feet); thenceSouth along the East line of said Outlot 1, a distance of 200.00 feet; thence West at right angles to saidEast line, a distance of 150.00 feet; thence Northwesterly to a point on said "line A", distant 200.00 feet Southwesterly, measured along said "Line A" from the point of beginning; thence Northeasterly along said "Line A" a distance of 200.00 feet to the point of beginning. PIPA EXHIBIT B ESCROW AGREEMENT The undersigned, Land Title, Inc. ( "Escrow Agent ") acknowledges receipt of One Thousand and No /100 Dollars ($1,000.00) (the "Deposit ") to be held by it pursuant to the terms of the Purchase Agreement attached to this Escrow Agreement. EscrowAgent agrees to hold the Deposit in accordance with the terns of the Purchase Agreement and disbursethe same strictly in accordance with such terms. Escrow Agent shall invest the Deposit in such interest - bearing accounts or instruments as shall be approved byboth the Buyer and the Seller. Interest shall accrue for the benefit of Buyer and shall become part of theEarnest Money. Seller represents that its Tax I.D. Number is as follows: 41- 0885331. Buyer represents that its Tax I.D. Number is as follows: The sole duties of EscrowAgent shall be thosedescribedherein, and Escrow Agent shall be under no obligation to determine whether the otherparties hereto are complying with any requirements of law or the terms and conditions of anyother agreements among said parties. Escrow Agent may conclusively rely upon and shall be protected in acting upon any notice, consent, order or other documentbelieved by it to be genuine and to have been signed or presented by the properparty or parties. EscrowAgent shall have no duty or liability to verify anysuch notice, consent, order or other document, and its sole responsibility shall be to act as expressly set forth in thisAgreement. Escrow Agent shall be under no obligation to institute or defendany action, suit or proceeding in connection with this Agreement unless first indemnified toitssatisfaction. EscrowAgent may consult with respect to any question arising under this Agreement and shall not be liable for any action taken or omitted in good faith upon advice of such counsel. The fees and charges of the EscrowAgent shall be paid as follows: one -half of such fees and charges shall be paid bySeller andone -half of such feesand charges shall be paid by Buyer. Dated: ESCROW AGENT: LAND TITLE, INC. 0 13 Its: Dated: Dated: SELLER: CITY OF CHANHASSEN I -ilk," 'A CENTERCOMPANIES, LLC 14 N V) N O OO N cz U V 89° ` pp R o la/1 w i ° 8 e W co y CL \ \ A co o \ Lr, \ o e\ m U \ m 4 s v d a 0 m Nor W= J< 2a W' C O w t6 N R 0 i R U C m Z q a u N N L LL C to Ue O a S a a Y N U E 0 A E o n a a i m ti ` o Z .= CITY OF 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.2271100 Fax 952.2271110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Kate Aanenson, AICP, Community Development Director SUBJ: Special Assessment Agreement — Next Steps Learning Center DATE: June 10, 2013 In PROPOSED MOTION The Chanhassen City Council adopts the Special Assessment Agreement between the City of Chanhassen andSpaude Holding L.L.C." City Council approvalrequires a simple majority vote. BACKGROUND Finance Phone: 952.2271140 In 2012 Next Steps LearningCenter, located at 1430 Park Court, moved into the Fax, 952.227.1110 building previously occupied byEarly Beginnings Day Care; at which time cosmetic remodeling was done. The Metropolitan Council (MCES) conducts Sewer Park & Recreation Availability Charge (SAC) audits every three years. As a part of thisaudit it was Phone: 952.2271120 determined that five additional SAC units were due at the2012 rate, or $11,825.00.Fax 952 227.1110 Recreation Center ANALYSIS 2310 Coulter Boulevard Phone: 952 227.1400 The City acts as the responsible agency for the collection of these fees. Next Steps Fax: 952.2271404 Learning Center was contacted by the city and told they could appeal the fees to the Metropolitan Council. They appealed tothe MCES and weredenied based onthe Planning & Natural Resources following: Phone: 952.227.1130 Fax: 952.2271110 The original daycare was licensed for only 42 children, and credit is allowed for that prior demand. However, in early 2012the client occupancy of thedaycare Public works was increasedto 94 children. The occupancy increase related to an increase in 7901 ParkPlace demand on the wastewater system. Phone, 952.227.1300 Fax 952.2271310 In the beginning of 2012the Met Council simplified the criteria for daycares to a Senior Center square -foot basis instead of using the daycares' licensed count of permitted Phone: 952.227.1125 children. Fax: 952, 227.1110 Thecharge is based on unpaid SAC for wastewater demand used prior to this Web site permit and still needed for the site.wwa ci.chan hassen. mn. us The building itself may have received only cosmetic changes but the use of the site has materially changed and hence the determination andcharges are required. Chanhassen is a Community for Life - Providing torTodayand Planning torTomorrow Todd Gerhardt Next Steps Learning CenterSpecialAssessment Agreement June 10, 2013 Page 2 The City has worked with the owner of the building to secure payment of this fee and offered a Special Assessment. Thepayments will spread over one year and be due and payable with the taxes in 2014. RECOMMENDATION The Chanhassen City Council adopts theattachedSpecial Assessment Agreement between the City of Chanhassen and Spaude Holding L.L.C. ATTACHMENT SpecialAssessment Agreement gAfinanee\special assessment agreements\next steps learning center.doe SPECIAL ASSESSMENT AGREEMENT AGREEMENT made this day of , 2013, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation ( "City ") and SPAUDE HOLDINGS L. L. C., a Minnesota limited liability company (the "Property Owner "). RECITALS A. Property Owner is the fee owner of the following legally described property in the City of Chanhassen, County of Carver, State of Minnesota, with a street address of 1430Park Court, Chanhassen, Minnesota, hereinafter referred to as the "Subject Property": Lot 2, Block 1, Rome Park, according to the recorded plat thereof, excepting therefrom the following: Thatpart of Lot 2, Block 1, Rome Park, shown as Parcel 220B on MinnesotaDepartment of Transportation Right of Way Plat Numbered 10 -10, according to the recorded platthereof. Property ID #: 25.7510020] B. Property Owner has requested that the City assess the cost of the additional Metropolitan SAC fee that are dueand owing as a result of an audit ( "Fee ") against the Subject Property. NOW, THEREFORE, IN CONSIDERATION OF THEIRMUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 1. SPECIAL ASSESSMENT. The City will assess the fee in the amount of Eleven Thousand Eight Hundred Twenty -five and no /100 ($11,825.00) Dollars againstthe Subject Property. The assessment shall be spread over one (1) year.. The first installment shall be dueand payable with taxes payable in 2014. The Property Ownerwaives any and all procedural and substantiveobjections tothe special assessment, including butnot limited to hearingrequirements Doc.: 170 15 RNK : 5/ 15/ ?" i requirements and any claim that the assessmentexceeds the benefitto Subject Property. The PropertyOwnerwaives any appeal rights otherwise available pursuant to Minn. Stat. § 429.081. 2. BINDING EFFECT; RECORDING. ThisAgreement shall be binding upon the Property Owner and the Property Owner's successors, heirs and assigns. This Agreement may be recorded againstthe title to the Subject Property. CITY OF CHANHASSEN U Tom Furlong, Mayor SEAL) E Todd Gerhardt, City Manager PROPERTY OWNER: SPAUDE HOLDINGS L. L. C. BY: Its ow1 STATE OF MINNESOTA ) ss. COUNTY OF CARVER ) The foregoing instrument was acknowledgedbefore me this day of 2013, byTom Furlong and Todd Gerhardt, respectively the Mayor and City Manager of the City of Chanhassen, a Minnesota corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public Doc. #170319v.1 RNK: 5/1512013 STATE OF MINNESOTA ) ss. COUNTY OF (J., ) The foregoing instrument was acknowledged before me this 16 4g-- day of 2013, by JE ez-uj4 Sf 4-ln k , the of Spaude Holding L. L. C., a Minnesota limited liability company, on behalf of said limited liability company. CAROL M. DUNSMORE Notary Public - Minnesota Notary Public My commission Expires Jan 31, 2016 THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 CorporateCenter Curve Eagan, Minnesota 55121 Telephone: (612) 452 -5000 RNK Doc. #170319v.1 RNK: 5/15/2013 CITY OF CAANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 BuildingInspections Phone, 952.227.1180 Fax 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952 227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone. 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.2271130 Fax: 952.227.1110 Public Works 7901 Park Place Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952 227.1125 Fax: 952.227.1110 WebSite www.ci.chanhassen.m n. us MEMORANDUM TO: ToddGerhardt, City Manager FROM: Karen Engelhardt, Office Manager i DATE: June 10, 2013 SUBJ: Approval of Temporary On -Sale Liquor License, Chanhassen Rotary Club; Customer Appreciation for Community Bank, July 2, 2013 PROPOSED MOTION: The Chanhassen City Council approves the request from the Chanhassen Rotary Club for a temporary on -sale liquor license to serve beer at the Customer Appreciation Day at Community Bank, 455Pond Promenadeon Tuesday, July 2, 2013. Approval of this request requires a simple majority vote. The Chanhassen Rotary Club is requesting a temporary on -sale intoxicating liquor licenseto serve beer at Community Bank's Customer Appreciation event on July 2, 2013. The event will be held in Community Bank's parking lot at 455Pond Promenade. The Rotary has providedthis service in previous years without incident. Liquor liability insurance will be provided for this event, although it has not yet been received. RECOMMENDATION Staff recommends approval of the Chanhassen Rotary Club's request for a temporary on -sale liquor license forCommunity Bank's Customer Appreciation event on Tuesday, July 2, 2013 contingent upon receipt of liquor liability insurance. ATTACHMENT 1. Application Chanhassen is a Community for Life - Providingfor Today andPlanning torTomorrow Minnesota Department of Public Safety ALCOHOL ANDGAMBLING ENFORCEMENT DIVISION 444 Cedar Street Suite 133, St. Paul MN 55101 -5133 651) 201 -7507 Fax (651) 297 -5259 TTY (651) 282 -6555 WW W.DPS.STATEMN.US APPLICATION AND PERMIT FOR A I TO 4 DAY TEMPORARY ON -SALE LIQUOR LICENSE TYPE OR PRINT INFORMATION T. GH NAME OF ORGANIZATION i {( s3 12. tty' DATEORGANIZED TAX EXEMPT NUMBER Q3 STREET ADDRESS 716J VIE w Ca VF CITY CtFir f STATE e4i ZIP CODE J 317 NAME OF PERSON MAKING APPLICATION Alf G SCn/n/ BUSINESS PHONE 412) 835 1071 HOME PHONE 9Ta 9Yy 2.Z77 DATF L y R WIL' BE 7 SOL]22 3 TYPE OF ORGAN N L iTAB ELIGIOUS OTHERNONPROFIT ORGANIZATION OFFICER'S NAME ADDRESS G Eo r sc t7 1 idG£s.P 2-1 57a F Cdcf a J/2. c,f u 9-S3, 7 ORGANIZATION OFFICER'S NAME ADDRESS f Ce - _"E (f 0/rlL l r cce C{9 ORGANIZATION OFFICER'S AME ADDRESS llJLZlz 4 cve T/r -f 5:7631' Nlclivclrs 4//fy C, All S 3/7 Location license will be used. If an outdoor area, describe ceW / V &. 'l.0 ri.'*/!< - r ss sit/ / r "W.,i G C a T WiI applicantcontract for intoxicating liquor service? If so, give thename and address of the liquor licensee providing the service. Will the applicant carry liquor liability insurance? If so, please provide the carrier's name and amount of coverage. A'.S u£/t/Cn MVvAf 43S+w,Cf (amt /n—y g S ( & 01ft44a CC A — / CC1 n/O /S A, 7vN/y CO, f APROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL & GAMBLING ENFORCEMENT CITY /COUNTY DATE APPROVED CITY FEE AMOUNT LICENSEDATES DATE FEE PAID SIGNATURE CITY CLERK OR COUNTY OFFICIAL APPROVED DIRECTOR ALCOHOL AND GAMBLING ENFORCEMENT NO TE: Submit this form tothe city or county 30 days prior to event. Forwardapplication signed by city and /or county to the address above. If the application is approved the Alcohol and Gambling Enforcement Division will return this application to be used as the License for the event PS-09079 (05/06) CITY OF CllANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.221.1110 Public Works 7901 Park Place Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 WebSite www.ci.chanhassen.mn.us MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Bob Generous, Senior Planner DATE: June 10, 2013 SUBJ: Bluff Creek Woods CC Planning Case 2013 -09 PROPOSED MOTION The Chanhassen City Council approvesthe rezoning, preliminary plat with variances and the conditional use permit subject to the conditions of the staff report and adoption of the Findings of Fact." City Council approval requires a majority vote. EXECUTIVESUMMARY The applicant is requesting toRezone the property from Agricultural Estate District (A- 2) to Single - Family Residential District (RSF); Subdivision with Variances for a neck lot and the construction of a private street; and a Conditional Use Permit to allow development within the Bluff Creek Overlay District. PLANNINGCOMMISSIONSUMMARY The Planning Commission held a public hearingon May 21, 2013. The Commission voted 7 — 0 to recommend approval of the developmentproposal. As part of the Planning Commission discussion, the drainage of the storm water at the new driveway to Lot 3 must be addressed. Planning Commission minutes from May 21, 2013 are item 1 a of theJune 10, 2013 City Council packet. RECOMMENDATION Staff recommends approval of the development subject tothe conditions of the staff report and adoption of the Findings of Fact. ATTACHMENTS PlanningCommission Staff Report Dated May 21, 2013 g: \plan\2013 planning cases\2013 -09 bluff creek woods \executive smnmary.doc Chanhassen is a CommunityforLife - Providing forTodayand Planning for Tomorrow PROPOSED MOTION: The Chanhassen Planning Commission recommends that City Council approve the rezoning, preliminary plat with variances and the conditional use permit subject tothe conditions of the staff report and adoption of the Findings of Fact and Recommendation. SUMMARY OF REQUEST: The developer is requesting the Rezoning of propertyfrom Agricultural Estate District (A -2) to Single - Family Residential District (RSF); Subdivision into three lots andone outlot with Variances for a neck lot and the construction of a private street; and a Conditional Use Permit to allow development within the Bluff Creek Overlay Districtfor the development known as Bluff Creek Woods. LOCATION: 7331 Hazeltine Boulevard (PID 25- 0090400) APPLICANT: Martin Schutrop 540 Lakota Lane Chaska, MN 55318 612) 840 -8251 schutrop&att.net PRESENT ZONING: Agricultural Estate District (A -2) 2020 LAND USE PLAN: Residential Low Density ACREAGE: 3.57 acres DENSITY: Gross: 0.84 units per acre; net: 1.09 units per acre LEVEL OF CITY DISCRETION IN DECISION - MAKING: The City has a relatively high level of discretion in approving a rezoning because the City is acting in its legislative or policy - making capacity. A rezoningmust be consistent with the City's Comprehensive Plan. The City's discretion in approving ordenying 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 thesestandards, 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 whetheror not the proposed project meets the standards in the Subdivision Ordinance for a variance. The City has a relativelyhigh level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi-judicial decision. ow Planning Commission Bluff Creek Woods — Planning Case 2013 -09 May 21, 2013 Page 2 of 12 The City has limited discretion in approving or denyingconditional use permits, based on whether ornot the proposal meets the conditional use permit standards outlined in the Zoning Ordinance. If the City finds that all the applicable conditional use permit standards are met, the permit must be approved. This is a quasi- judicial decision. Notice of this public hearing has been mailed to all property owners within 500 feet. PROPOSAL /SUMMARY The applicant is requesting to Rezone the property from Agricultural Estate District (A -2) to Single- Family Residential District (RSF); Subdivisionwith Variances for a neck lot and the construction of a private street; and a Conditional Use Permit to allow development within the Bluff Creek Overlay District. The property currently has one single - family residence on it. The applicant proposes to divide the propertyinto three (3) residential lots andone outlot. The property is currently wooded with mature oaks and provides a nexus for drainage of TH 41 right - of -way and trail tothe large wetland complex which is the source for Bluff Creek. APPLICABLE REGULATIONS Chapter 18, Subdivisions Chapter 18, Section 18 -22, Variances Chapter 20, Article II, Division 2, Amendments Chapter 20, Article IV, Conditional Uses Chapter 20, Article VI, Wetland Protection Chapter 20, Article XII, "RSF" Single - Family Residential District Chapter 20, Article XXXI, Bluff Creek Overlay District BACKGROUND Thereis an existing single - family home located on the property. The house was built in 1966. The City of Chanhassen establishedthe Bluff Creek Overlay District by ordinance in 1998 to protect the Bluff Creek Corridor, wetlands, bluffs and significant stands of mature trees through the use of careful site design and other low- impact practices. This parcel is partially encumbered by the Bluff Creek primary zone. In 2001, the city undertook utility expansion in the BC -7 and BC -8 sewer subdistricts. This utility improvement brought sanitary sewer and water service from Galpin Boulevardto the west side of Highway 41. IL W1010 10011 The applicant is proposing the rezoning of the property from Agricultural Estate District (A -2) to Single - Family Residential District (RSF). The property is guided for Residential Low Density use. Zoning categories consistent with this designation are Single - Family Residential District (RSF), Mixed Low Density Residential District (R -4), Residential Low and Medium Density Residential District (RLM) or Planned Unit Development Residential (PUD -R). The RSF district is the primary Planning Commission Bluff Creek Woods —Planning Case 2013 -09 May 21, 2013 Page 3 of 12 zoning category used for single - family development. Of the land guided for residential low density uses, 78 percent (3,683 acres of 4,702 acres guided Residential Low Density) is zoned RSF district. The proposed rezoning of the property to RSF is consistent with the City's Comprehensive Plan. SUBDIVISION REVIEW The applicant is proposing a three -lot subdivision with access providedvia a private street. Outlot A is part of the Bluff Creek primary zone and will be preserved as permanent open space. A conservation easement shall be recorded over Outlot A as well as over the southeast portion of Lot 1, the southeast and east portion of Lot 2 and the eastern portion of Lot 3, which are all part of the Bluff Creek primary zone. Lot 3 is classified as a flag or neck lot. Staff is recommending approval of the preliminary plat subject to the conditions outlined in the staff report. STREETS AND ACCESS The property iseast of State Highway 41. The existing home on thesubject property shares an access with the home to the north. The two additional lotsproposed would also share this access to Highway 41. The drivewayto Lot 3 will extend between the two existingdriveways. The developer proposes to utilize a portion of the driveway on Lot 2to provide access to Lot 1. Staff supportsthe shared access; however, the common portion is recommended to extend tothe existing turnaround on Lot 2 in order to minimize impervious surface, save trees and to provide a better driveway gradeto Lot 1. aono n e/ OJRO Il Developer's proposal Staff's recommendation The property iseast of State Highway 41. The existing home on thesubject property shares an access with the home to the north. The two additional lotsproposed would also share this access to Highway 41. The drivewayto Lot 3 will extend between the two existingdriveways. The developer proposes to utilize a portion of the driveway on Lot 2to provide access to Lot 1. Staff supportsthe shared access; however, the common portion is recommended to extend tothe existing turnaround on Lot 2 in order to minimize impervious surface, save trees and to provide a better driveway gradeto Lot 1. The developer must provide proof that the common portion of the driveway to Lots 1 and 2 meets a7 -ton design. If the existing driveway does not meet this standardthe developer must install the 7 -tondriveway and submit an escrow with the final platto ensure that the driveway meets thisspecification. The driveway easement shall be recorded as a separate document; all references tothe driveway easement shall be removed from the preliminary plat. aono n OJRO Il Developer's proposal Staff's recommendation The developer must provide proof that the common portion of the driveway to Lots 1 and 2 meets a7 -ton design. If the existing driveway does not meet this standardthe developer must install the 7 -tondriveway and submit an escrow with the final platto ensure that the driveway meets this specification. The driveway easement shall be recorded as a separate document; all referencestothe driveway easement shall be removed from the preliminary plat. Planning Commission Bluff Creek Woods — Planning Case 2013 -09 May 21, 2013 Page 4 of 12 Private Street While each of the lots front on a public street, Highway 41, individual lot access to the highway is not permitted. A joint access is required for the three lots as well as the property tothe north. The common portion of the private street must be constructed to a 20 -foot pavement width with a 7 -ton design. Private streets serving up to four lots may be permitted in residential developments with a density of less than four units per acre if the criteria in variance Section 18 -22 are met and upon consideration of the following: 1) The prevailing development pattern makes it unfeasible or inappropriate to construct a public street. Inmaking this determination, the city may considerthe location of existing property lines and homes, local or geographic conditions and the existence of wetlands. 2) After reviewing the surrounding area, it is concluded that an extension of the public street system is not required to serve other parcels in the area, improve access, or to provide a street system consistent with the comprehensiveplan. 3) The use of a private street will permit enhanced protection of the city's natural resources, including wetlands and protected areas. Due to the location of the property adjacent to Highway 41, the proximity of the Bluff Creek Primary zone, the configuration of the property and thedesire to preserve as much of the existing trees along Highway 41 as possible, the use of a private street is appropriate. Flag/Neck Lot Flag lots may be permitted in residential districts with a density of less than four unitsper acre, if the criteria in variance Section 18 -22are met and upon consideration of the following: 1) The prevailing development patternmakes it unfeasible or inappropriate to construct a public /private street. In making this determination, the city may consider the location of existingproperty lines and homes, local or geographic conditions andthe existence of wetlands. 2) After reviewing the surrounding area, it is concluded that an extension of the public or a private street system is notrequiredto serve other parcels in the area, improve access, or to provide a street system consistent with the comprehensiveplan. 3) The use of a flag lot will permit enhanced protection of the city's natural resources, including wetlands and protected areas. Due tothe location of the property adjacent to Highway 41, the proximity of the Bluff Creek Primary zone, thedesire to preservethe southern portion of the site as an outlot, the configuration of the property, the requirementthat lot lines be substantially at right angles to the street right -of -way and the preservation of the existing house, the most northerly lot assumes a neck lot configuration. PlanningCommission Bluff Creek Woods — Planning Case 2013 -09 May 21, 2013 Page 5 of 12 VARIANCE The city may grant a Variance from the regulations contained in the subdivision ordinance as part of the plat approval process following a finding thatall of the following conditions exist: a. The hardship is not a mere inconvenience; b. The hardship is caused by the particular physical surroundings, shape or topographical conditions of the land; c. The condition or conditions upon which the request isbased are unique and not generally applicableto other property; and d. The granting of a variance will not be substantially detrimental tothe public welfare and is in accord with the purpose and intent of the subdivision ordinance, the zoning ordinance and the comprehensiveplan. The use of a private street and creation of a neck lot are not mere inconveniences, but due to the constraints of the site, the location of the property adjacent to Highway 41, the proximity of the Bluff Creek Primary zone, the configuration of the property and the requirement that lot lines be substantially at right angles tothe street right -of -way. The granting of the variance will not be detrimental to the public welfare andis in accord with the purpose and intent of the subdivision ordinance, the zoning ordinance and the comprehensive plan. BLUFF CREEK OVERLAY DISTRICT z i OU TLOT A In 1996, the City completed the Bluff Creek Watershed Natural Resources ManagementPlan BCWNRMP). This planrecognized the unique qualities of this corridor and the opportunities it provided. The intent was to protect a natural corridorfrom the source totheconvergence with the Minnesota River that would allow for wildlife migration, habitat protection, green space preservation, recreational opportunities, educational opportunities, protection of the bluff areas from erosion, and protection of the water quality of Bluff Creek. Sitedesign which is sensitive to the existing natural resources is the primary method for protecting the Bluff Creek corridor. To this end the plan created the Bluff Creek Overlay District throughordinance number 286 in December of 1998 which was codified Article XXXI, Chapter 20. This plan also recognized the right of privateproperty owners. "Propertyavailable for development within the existing ...MUSA is not taken through zoning." While the plan felt that ideally no more people would move into the (primary zone)" it felt that this should be accomplished through tax incentives for land conservation or through the outright acquisition of the property. PlanningCommission Bluff Creek Woods — Planning Case 2013 -09 May 21, 2013 Page 6 of 12 As previously mentioned, this area is heavily wooded with an admixture of treespecies with the predominantoverstory comprised of mature oaks. There are two drainage swales which convey surface water runoff from the north and west to the large wetland south of the property. The original overlaydistrict included this property in its entirety. Considering the aforementioned balanced approach between corridor preservation and private property rights, a review of aerial photography and severalsite visits supportsthe realignment of the original primary and secondary zones from the 1996 BCWNRMP. In an effort to ease financial constraints on a relatively small subdivision, staff feels it is appropriate to accept land dedication in lieu of Storm Water Utility connection charges. This dedication configuration was proposed by the applicant and negotiated with staff. It includes an outlot that would provide a connection from the trail along TH41 to City ownedland as well as a conservation easement measuring seventy (70) feet in width along the south and eighteen (18) feet inwidth along the eastern property boundary. This area will constitute the Bluff Creek Overlay District Primary Zone. Code still requires that structures are setback a minimum of forty (40) feet from the primary zone: secondaryzone. Theproposed building envelopes and grading plan will need to be changed to reflect this secondary zone. 3 GRADING, DRAINAGE AND EROSION The developer proposes that the lots be custom graded and has submitted a plan showing how the proposedlots can accommodate a home. The grading plan must be revised so that the grades do not exceed 3H:1 V and must include the972' and 974' contours at the house pads on Lots 3 and 1, respectively. Currently thesouthernone -third acre of the property drains to thesouth, ultimately to a storm sewer owned and maintained by the Minnesota It has been the staffs' experience that, in the absence of some physical demarcation and educational tool, land manipulation gradually encroaches into these protected areas thereby removing the intended benefit. It is always more difficult and expensive for the land owner, as well as the City, to attemptto address these encroachments after the fact. The installation of signage at major angle points and property line intersections is a relatively non - intrusive and inexpensive way toprevent these encroachments. The applicant shall amend the plans to show the location of the signs and install the signs prior to final plat approval. Planning Commission Bluff Creek Woods —Planning Case 2013 -09 May 21, 2013 Page 7 of 12 Department of Transportation (MnDOT). The remainder of the property currently drains to the wetland tothe north. This wetland outlets tothe west into the MnDOT storm sewer. The proposed drainage patterns are verysimilar to the existing condition. The developer must obtain a MnDOT drainage permit to ensure that the proposed discharge rates to MnDOT right -of -way will not exceed the existingcondition. It appears that some modifications will be requiredto meet MnDOT's permitting requirements. Drainage and Water Quality In the past, runoff volume and rate control credit has been given for the preservation of natural vegetation in perpetuity. The Minimal ImpactDesign Standards being prepared under the direction of the MPCA by the Minnesota Stormwater Steering Committee has recognized the volume reduction and rate control benefits of woodland and prairie preservation and restoration. Other agenciessuch as the Carver County WatershedManagement Organization and the Minnehaha CreekWatershed District have also incorporated thispractice into their stormwater rules and design standards. Staff is recommending that volume and rate control credit be granted based upon the proposed dedication areas shown in the plan. Even with this credit, per our 2" a Generation Surface Water Management Plan, all development within Chanhassen is still required to meet National Urban Runoff Program recommendations for Total Suspended Solids (TSS) and Total Phosphorous (TP) reduction plus enhanced treatment or the NPDES permit requirements, whichever is stricter. The applicant has not supplied a drainage plan, a hydrologic model or a water quality model. Further, the plans do not show the installation of any water quality best management practices. The Total Maximum Daily Load (TMDL) study has been finished. Based uponthis TMDL discharge from this site should be less than 25NTU. The applicant will need to meet the NPDES or NURP+ enhanced water quality standard before final plat approval canbe granted. Upon reviewing the site, it appears that the northern apex of the outlot and thewestern limit of Lot 1 could be well suited to a bioretention/filtration feature. Currently the City has not developed design standards for low - impact development best management practices. The consulting engineer for the applicant will need to use the Minnesota StormwaterManual for design purposes. This same area currently contains an HDPE or PVC grate with an unknownfunction or route. This information needs to be included onthe survey, considered on the drainageplan and incorporated into anydesign. Further, it appears that the shared driveway impounds water to the north. Additional water volume will be directed to this area through the development of Lot 1. Water that now heads west and then south along the trail and away from this area will be directed northwest into the depression north of the shared entrance. An adequate outlet must be providedfor this area and the existing drainagepatterns must be maintained. PlanningCommission Bluff CreekWoods — Planning Case 2013 -09 May 21, 2013 Page 8 of 12 Wetland Management The subject property is immediately adjacent to a large wetlandcomplex which serves as the source for Bluff Creek. Wetland delineation consistent with the 1987 U.S. Army Corps of Engineers WetlandDelineation Manual was not performed for the site. The approximate location of the wetland boundary was derived from remotesensing data. It appears that this location is sufficiently accurate to determine that proposed lots I — 3 are of an adequate distance from the wetland boundary to accommodate the wetland buffer andsetback from the buffer. The outlet and theconservation easement will include any wetland buffer which encroaches into the subject property. It must be clearly indicated on all plan sheets that this boundary is an approximation. Surface Water Utility Charges TheSurface Water Utility Charges are calculated based upon land use type and land area. Credits may be applied based upon storm water practices being implemented. The following table illustrates the Storm Water Utility Charges associated with the development of thisparcel. In an effort to implement the goals of the Bluff Creek Natural Resources Management Plan and toprovide a financial incentiveto the developer to protectnatural resources and water quality, staff is recommending that theSurface Water Utility Chargebe waived in lieu of the dedication of Outlot A and the conservation easement and the installation of appropriate signage. LANDSCAPING AND TREEPRESERVATION The applicant has provided a tree inventory and removal plan for the subdivision. Bufferyard plantings are required for this development along Highway 41. Tree preservation calculations for the development are shown below. Total upland area (excluding wetlands /outlot) 121,766 SF or 2.79 acres Total canopy area (excluding wetlands /outlot) 100,766 SF or 2.3 acres Baselinecanopycoverage 82% Minimum canopy coverage allowed 25% or 30,441 SF Proposed tree preservation 53% or 65,400 SF Thedeveloper meets minimum canopy coverage allowed. As per city ordinance, a minimum of one tree will be required in each front yard. The applicantisrequired to provide bufferyards along Highway 41. The minimum plantings required are shown in the table below. Area Rate Total Water Quality 3.57 ac 2,830/ac 10,103.10 Water Quantity 3.57 ac 4,050 /ac 14,458.50 24,561.60 In an effort to implement the goals of the Bluff Creek Natural Resources Management Plan and toprovide a financial incentiveto the developer to protectnatural resources and water quality, staff is recommendingthat theSurface Water Utility Chargebe waived in lieu of the dedication of Outlot A and the conservation easement and the installation of appropriate signage. LANDSCAPING AND TREE PRESERVATION The applicant has provided a tree inventory and removal plan for the subdivision. Bufferyard plantings are required for this development along Highway 41. Tree preservation calculations for the development are shown below. Total upland area (excluding wetlands /outlot) 121,766 SF or 2.79 acres Total canopy area (excluding wetlands /outlot) 100,766 SF or 2.3 acres Baselinecanopycoverage 82% Minimum canopy coverage allowed 25% or 30,441 SF Proposed tree preservation 53% or 65,400 SF Thedeveloper meets minimum canopy coverage allowed. As per city ordinance, a minimum of one tree will be required in each front yard. The applicantisrequired to provide bufferyards along Highway 41. The minimum plantings required are shown in the table below. PlanningCommission Bluff Creek Woods — Planning Case 2013 -09 May 21, 2013 Page 9 of 12 MISCELLANEOUS Since multiple homes are sharing a common driveway entrance, Fire Department policy # FP 29- 1991 must be followed. At theentrance off Hazeltine Boulevard, a monument sign displaying all four address numbers shall be installed. Also, atthestart of the individual driveways to each home, an additional address signshall also be installed. Theproposed signage must be submitted tothe Fire Marshal for approval. The extra address numbers are required to insure that in the event of an emergency, responding police and fire vehicles can quickly locatethe correct address. UTILITIES Eight -inchpublic sanitary sewer and 12 -inch public watermain lie east of State Highway 41 within the right -of -way. The developer proposesto install sewer and water servicesto Lots 1 and 3. A permit is required from MnDOT toinstall theseservices. The City must be notified a minimum of 72 hours before theservices are to be installed. The serviceconnections must be inspectedandapproved by the City. The developer mustsubmit an escrow for the necessary boulevard restoration associated with the service installation. Lots 1 and 3 will be subject to the City sewer and water hook -up charges and the Metropolitan Council Sanitary AccessCharge. These fees shallbe collected in accordance with the City Code at the rate in effect atthe time. PARKSAND RECREATION Parks Thisproperty is located adjacent to the Bluff Creek Preserve, a natural creek corridor that traversesthe cityfor six miles from northwest to southeast. Thepark preserve features large expanses of natural open spaces including floodplain, wetlands and woods. The portion of thepreserve directly adjacenttothe proposed Bluff Creek Woods development is 60 acres in size. Trails Thesubject site has direct access tothe Highway 41 trail that connects to both the Bluff Creek Preserve Trail and the Minnewashta Regional Park Trailwithin one -half mile of the subdivision. Required Proposed West propertyline - Hwy 2 overstory trees Existing treesand 41; bufferyard B, 280' 5 understory trees vegetation 5 shrubs MISCELLANEOUS Since multiple homes are sharing a common driveway entrance, Fire Department policy # FP 29- 1991 must be followed. At theentrance off Hazeltine Boulevard, a monument sign displaying all four address numbers shall be installed. Also, atthestart of the individual driveways to each home, an additional address signshall also be installed. Theproposed signage must be submitted tothe Fire Marshal for approval. The extra address numbers are required to insure that in the event of an emergency, responding police and fire vehicles can quickly locatethe correct address. UTILITIES Eight -inchpublic sanitary sewer and 12 -inch public watermain lie east of State Highway 41 within the right -of -way. The developer proposesto install sewer and water servicesto Lots 1 and 3. A permit is required from MnDOT toinstall theseservices. The City must be notified a minimum of 72 hours before theservices are to be installed. The service connections must be inspectedand approved by the City. The developer mustsubmit an escrow for the necessary boulevard restoration associated with the service installation. Lots 1 and 3 will be subject to the City sewer and water hook -up charges and the Metropolitan Council Sanitary AccessCharge. These fees shallbe collected in accordance with the City Code at the rate in effect atthe time. PARKSAND RECREATION Parks Thisproperty is located adjacent to the Bluff Creek Preserve, a natural creek corridor that traversesthe cityfor six miles from northwest to southeast. Thepark preserve features large expanses of natural open spaces including floodplain, wetlands and woods. The portion of thepreserve directly adjacenttothe proposed Bluff Creek Woods development is 60 acres in size. Trails Thesubject site has direct access tothe Highway 41 trail that connects to both the Bluff Creek Preserve Trail and the MinnewashtaRegional Park Trailwithin one -half mile of the subdivision. i + x i,H, PlanningCommission Bluff Creek Woods — Planning Case 2013 -09 May 21, 2013 Page 10 of 12 In lieu of parkland dedication, the City will require the payment of park fees for the two new homes in effect at the time of final plat approval. For 2013, the park fees are $5,800 persingle - family home. COMPLIANCE TABLE Setbacks: Front 30feet, Side 10 feet, Rear 30 feet, Bluff Creek Primary Zone 40 feet. The setback for necklotsbegins at the point the lot measures 100 feet in width. It should be noted that the preliminary site plan locating thehouse onLots 1 and 3 will require that thehomes be shifted to comply with the Bluff Creek primary zone setback. Staff recommends that the Planning Commission approve the development subject tothe following conditions and adoption of theattached Findings of Fact and Recommendation: At theentrance off HazeltineBoulevard, a monument sign displaying all four address numbersshall be installed. In addition, at thestart of the individual driveways to each home, an address signshall also be installed. Submit proposed signageto Fire Marshal for approval. 2. Park fees shall be collected in full for the two new homesatthe rate in forceupon final plat submission and approval. 3. Any use of or work within or affecting MnDOT right -of -way requires a permit. Permitforms are available from MnDOT's utility website at httn: / /www.dot.state.mn.us /utility /. Lot Area Excluded LotLot sq. ft.) Lot Area Width Depth Notes s q- ft. Code Area in private street 15,000 easement, 100 125 neck lot area less than 100 ft. width Lot 1 43,418 0 120 361 Bluff Creek primary zone to east and south Lot 2 44,505 300 120 386 Bluff Creek primary zone east property line Lot 3 33,843 5,050 100 283 Neck lot, Bluff Creek primary zone east lot line Outlot A 33,980 Bluff Creek Primary Zone Total 155,746 1 5,350 1 1 3.57 acres Setbacks: Front 30feet, Side 10 feet, Rear 30 feet, Bluff Creek Primary Zone 40 feet. The setback for necklotsbegins at the point the lot measures 100 feet in width. It should be noted that the preliminary site plan locating thehouse onLots 1 and 3 will require that thehomes be shifted to comply with the Bluff Creek primary zone setback. Staff recommends that the Planning Commission approve the development subject tothe following conditions and adoption of theattached Findings of Fact and Recommendation: At theentrance off Hazeltine Boulevard, a monument sign displaying all four address numbersshall be installed. In addition, at thestart of the individual driveways to each home, an address signshall also be installed. Submit proposed signageto Fire Marshal for approval. 2. Park fees shall be collected in full for the two new homesatthe rate in forceupon final plat submission and approval. 3. Any use of or work within or affecting MnDOT right -of -way requires a permit. Permitforms are available from MnDOT's utility website at httn: / /www.dot.state.mn.us /utility /. Planning Commission Bluff Creek Woods — Planning Case 2013 -09 May 21, 2013 Page 11 of 12 4. Outlot A and the conservation easement shall be coincidental with the primary zone for the Bluff Creek Overlay District and shall be recorded with the final plat. The primary zone shallextend to a point 18 feet from the northeast corner of Lot 3. 5. A structure setback of 40 feet is required from the primary zone. No disturbanceshall occur within the first 20feet of the setback. Theproposed grading plansshall be amended to show how the lots may be developed. 6. The Bluff Creek Overlay District primary zone and the corresponding setback shall be shown on all plan sheets. 7. Signs clearly demarcating the Bluff Creek Overlay District primary zone shall be installed at all major angle points and at the intersection of lot lines with the primary zone boundary. Site plansshall be amended to show the placement of the signs. 8. In keeping with the purpose of the Bluff Creek Overlay District to protect natural resources, the proposed driveway for Lot 1 shall share a common drive with Lot 2 until the existing hammerhead. 9. The applicant shall provide drainage calculations for pre - development and post - development conditions. 10. Preservation of natural vegetation shall be allowed as a volume and rate control tool. Water quality best managementpractices are still required. This shall meetthe requirements of the NPDES permit for drainage to an impairedwater or NURP plus enhanced treatment, whichever is stricter. 11. SWMP charges shall be waived inlieu of in- perpetuityprotection of land through a combination of conservation easement and the dedication of Outlot A tothe City. 12. Water that now heads west and then south along the trail and away from this area will be directed northwest into thedepression north of the shared entrance. An adequate outlet must be provided for this area and the existing drainage patterns must be maintained. 13. Prior to grading, each lot shall install tree protection fencing at the edge of grading limits. 14. Building permit surveys for each lot shall be required to show all inventoried trees within the grading limits and 10 feet beyond and their removal or preservation status. 15. The developermustrevise the Existing Conditionsplan to show the power pole, utility box, propane tank and shed. 16. Ground shot elevations must be shown onthe Existing Conditions plan to verify that a topographicsurvey was completed. 17. The developer shall work with staff to realign the access to Lot 1. Planning Commission Bluff Creek Woods — Planning Case 2013 -09 May 21, 2013 Page 12 of 12 18. The developer must provide proof that the common portion of the driveway to Lots 1 and2 meets a7 -ton design. 19. If the existingdriveway does not meet the 7 -ton design standard, the developer must install the 7 -ton driveway and submit an escrow with the final plat to ensure that the driveway meets this specification. 20. The driveway easement shall be recorded as a separate document; all references to the driveway easement shall be removed from the preliminary plat. 21. The grading planmust be revised so that the gradesdo not exceed 3H:1 V. 22. A permit is required from MnDOT to install the sewer and water services as well as grading in the right -of -way. 23. The City must be notified a minimum of 72 hours before the sewer and water services are to be installed. 24. The sewer and water service connections must be inspected and approved by the City. 25. The developermust submit an escrow for the necessary boulevard restoration associated with the service installation. 26. Lots 1 and 3 will be subject to the City sewer and waterhook -up charges and the Metropolitan Council Sanitary Access Charge. These fees shall be collected in accordance with the City Code at the rate in effect atthe time. ATTACHMENTS 1. Findings of Fact and Recommendation. 2. DevelopmentReview Application. 3. Reduced Copy Existing Conditions Plan. 4. Reduced Copy Preliminary Plat. 5. Reduced Copy Preliminary Site and Utility Plan. 6. Reduced CopyPreliminary Grading Plan. 7. Reduced Copy Preliminary Tree Inventory. 8. Copy of Fire Dept. policy # FP 29 -1991. 9. Letter from Chuck Mayers (Center Point Energy) toRobert Generous dated 4/23/13. 10. Letter from Michael J. Corbett (MnDOT) to Robert Generousdated 5/9/13. 11. Public Hearing Notice and Mailing List. g: \plan\2013planning cases\2013 -09 bluff creekwoods \staff report bluff creekwoods.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of Marty Schutrop for Rezoning, Subdivision approval with Variance and Conditional Use Permit. On May 21, 2013, the Chanhassen PlanningCommission met at its regularly scheduled meeting toconsider the application of Marty Schutrop forpreliminary plat approval to create three lots andone outlot with a variance for the use of a private street and a conditional use permit for development within the Bluff Creek Overlay District. The Planning Commission conducted a public hearing on theproposed 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 The property is currently zoned Agricultural Estate District (A -2). 2. The property is guided in the Land Use Plan for Residential Low Density use. 3. The legal description of the property is: That part of the NE '/ of the SW '/ of Section 9, Township 116, Range 23 described as follows: Beginning at the center of section 9 thence west alongthe north line of said SW '/4 228.05 feet then deflecting left 49 degrees 15 minutes a distance of 514.8 feet along the easterly right -of -way line of Highway 41 then deflecting left 130 degrees 45 minutes on line parallel to north line of said SW '/ 571 feet to point on east line of the SW '/ 390 feet south of center of said section, then north on east line of SW '/ 390feettothe point of beginning. 4. The Zoning Ordinance directs the PlanningCommission to considersix (6) possible adverse affects of the proposed amendment. The six (6) affects and our findings regarding them are: a. Theproposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. b. The proposed use is or will be compatible with the present and future land uses of the area. c. The proposed use conforms with all performance standards contained in the Zoning Ordinance. d. Theproposed use will not tendto or actually depreciatethe area in which it is proposed. e. Theproposed use canbe accommodated with existing public services and will not overburden the city's service capacity. f. Traffic generation by the proposed use is within capabilities of streets serving the property. 5. The Subdivision Ordinancedirects the PlanningCommission to consider seven possible adverse affects of the proposed subdivision. The seven (7) affects and our findings regarding them are: a. The proposed subdivision is consistent with the zoning ordinance; b. The proposed subdivision is consistent with all applicable city, county and regional plans including butnot limited tothe city s comprehensive plan; c. Thephysicalcharacteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; d. The proposed subdivision makes adequate provision for water supply, stormdrainage, sewage disposal, streets, erosion control and all other improvements required by the subdivision ordinance; e. The proposed subdivision will not cause significant environmental damage; f. The proposed subdivision will not conflict with easements of record; and g. The proposed subdivision is not premature. A subdivision is premature if any of the following exists: 1) Lack of adequate storm water drainage. 2) Lack of adequate roads. 3) Lack of adequate sanitary sewer systems. 4) Lack of adequate off -site public improvements or support systems. 6. The city may grant a Variance from the regulations contained in the subdivision ordinance as part of the plat approval process following a finding that all of the following conditions exist: a. The hardship is not a mere inconvenience, but isdue tothe property being accessed from Highway 41; b. The hardship is caused by the particular physical surroundings, shape ortopographical conditions of the land with the Bluff Creek headwaters located to thesouth and east of the site and the need to preserve existing site vegetationto screen the site from the highway; c. The condition or conditions upon which the request is based are unique and not generally applicableto other property since it is located adjacent to Highway 41 and surrounded by the Bluff Creek primary zone; d. The granting of a variance will not be substantiallydetrimental to the public welfare and is in accord with the purpose and intent of the subdivision ordinance, the zoning ordinance and the comprehensive plan. Conditional Use Permit: a. The proposed development will not be detrimental to or degrade the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. b. The proposed development will be consistent with the objectives of the city's comprehensive plan and this chapter. c. The proposed development will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. d. The proposed development will not be hazardous or disturbing to existing or planned neighboring uses. e. The proposed development will beserved adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. f. The proposed development will not create excessive requirements for public facilities and services and will not be detrimental tothe economic welfare of the community. g. Theproposed development will not involve uses, activities, processes, materials, equipment and conditions of operationthat will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. h. Theproposed development will have vehicular approaches tothe property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. i. The proposed development will notresult in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. j. Theproposed development will be aesthetically compatible with the area. k. Theproposed development will not depreciate surrounding property values. 1. Theproposed development will meet standards prescribed for certain uses as provided in the Conditional Use article. 8. The planningreport #2013 -09dated May 21, 2013, prepared by Robert Generous et al is incorporated herein. RECOMMENDATION The Planning Commission recommendsthat the City Council approve the Rezoning, Preliminary Plat with Variances and the Conditional Use Permit. ADOPTED by the Chanhassen PlanningCommission this 21" day of May, 2013. CHANHASSEN PLANNING COMMISSION BIM Its Chairman 81u44 (orse K Wcocl-S PLEASE PRINT CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227 -1100 DEVELOPMENT REVIEW APPLICATION u Name and Address: u Planning Case No. ;oi3-091 CITYOF CHANHASSEN RECEIVED APR 12 202 CIW4ASSEN PLANNING DEPT Phone: b Z~ d'Fax: c1SZLF -3o o ,oiy Phone: Fax: Email: _S c il +. a p@ F t 1 e i— Email: NOTE: Consultation with City staff is required prior to submittal, includingreview of development plans Comprehensive Plan Amendment conditional Use Permit (CUP) 3 a Interim Use Permit (IUP) Non - conforming Use Permit Planned Unit Development* L Rezoning S OCD Sign Permits Sign Plan Review Site Plan Review (SPR)* Subdivision* 36 C> An additional fee of $3.00 per address within the public prior to the public hearing. Temporary Sales Permit Vacation of Right -of -Way /Easements (VAC) Additional recording fees may apply) Variance (VAR) c J WetlandAlteration Permit (WAP) Zoning Appeal Zoning OrdinanceAmendment Notification Sign — 200 City to install and remove) X row for Filing Fees/ orney Cost ** 5 UP /SPR/VACtM(AP /Metes & Bounds 450 Minor SUB TOTAL FEE $ notification area will be invoiced to the aoolicant Five (5) full -size folded copies ofthe plans must be submitted, including an 8 %" X 11" reduced copy for each plan sheet alongwith a digital copy in TIFF -Group 4 ( *.tif) format. Escrow will be required for other applications through the development contract. Buildingmaterial samplesmust be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. SCANNED PROJECT NAME: LOCATION: 7A7r . General Property infformation - LEGAL eIN ID: OesRipOon: P/o NE1 /4 SW1/4 MC AM EEG AT CENTERSECT O TM w OrrN IZW 5W1/4 228.Or TN oEFL 1 EFT 49.514 8' tty ID: TfOIt ALOM ELY WO-W OF RWY 41 TNDEPL LEFT 130. ON LINE PARALLEL Tp N I.SNE yryyl /4 571' TO PT O11 EL4.8 350 - TOTAL ACREAGE: 1 .31 WETLANDS PRESENT: YES PRESENT ZONING: -i /^ REQUESTED ZONING: _ -? t PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: o tN 1 NO L,j . I Rcs aw L v r>-i- L-z;-f FOR SITE PLAN REVIEW: Include number ofexisting employees: and new employees: Thisapplication must be completed in full andbe typewritten or clearlyprinted and must be accompanied byall information andplansrequired by applicable CityOrdinance provisions. Before filing thisapplication, you should confer withthe PlanningDepartmentto determine the specificordinanceandprocedural requirements applicable to your application. A determination of completeness of theapplicationshall be madewithin 15 business days ofapplication submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am makingapplication for the described action by theCityand that I am responsiblefor complying with allCityrequirements with regard to thisrequest. Thisapplicationshould be processed in myname and I amthe party whom theCityshouldcontact regardinganymatter pertainingto this application. I have attached a copy of proof of ownership either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchaseagreement), or I amthe authorized person to make this applicationand thefeeowner hasalsosigned thisapplication. I willkeepmyselfinformed of the deadlines for submission of material and the progress of this application. I further understand thatadditionalfeesmay becharged for consultingfees, feasibility studies, etc. with an estimateprior to any authorization to proceedwiththe study. The documents and information I havesubmittedare true and correct tothebest of my knowledge. Signature of Applicant nt 1 5! i 3 Date Signature of Fee Owner Dart SCANNED g:\ plan\ forms \devetopmen[ reviewapplication.doc r i, o2: Q l;. r 0 O ; GE y « s ® y : i 7j m Q O O W W cr U U- LL Z) m 22 zz » S y x 9 E o, 6 R§ u, Q. 23 e 22 zz » S y x p C EF; gE E§ 3 3g ° a Ei LL Y 3: e lLW c! z 0- 0 m O CCS Y € 99. 0 Allcd IL W CL q R a o a o O \ OP \ \ 000 \ \ \ p m 1 T to x " e§ a `° £ - `+ •_ •. a Een La: gy ti d3 m geb a g Ili Id L— J mW ll s v= cE Wmo z T § n ii^ 5 ON pE K C O W U Q W h Ua m Q 1z y 2 0 z IS r LL ow I CI J l } I' v 1 wig os f F ll 1111 TI z Ef TWO YD m IL eawa g? IL( iL 6 mU U ACA LL ow I CI J l } I' v 1 wig os f F ll 1111 TI z z a E$` 5 55d j m IL eawa g? IL( iL 6 LL ow I CI J l } I' v 1 wig os f F a z s m a a Z 1 CJ w ff I ITI ll 1111 TI z z a eawa g? lil it s8g8ZF C p o a z s m a a Z 1 CJ w ff I ITI ll 1111 TI z z a eawa g? lil it J mw c c 1' 2 E K 0 W a o O b b b O C = W f a = s4 U x x x e ti co w ¢ 2 Y Rb: y gcg Rr o __ a z z 9 E c CL fE1E aia 1gt$ fi m U 3 MR, t p 0 Ro C J Q Z U L Q 30 o Z Q eR5 pE HI 0 m ice / / r/ V U Q V U E K 0 W bb O b b b O U x x x a Y Rb: y Rr o __ a z z 9 t p m ice / / r/ V U Q V U K 0 W bb O b b b O U x x x a Y Rb: y Rr o __ a z z 4 3 8 9 g E l V S A General CHANHASSEN FIRE DEPARTMENT FIRE PREVENTION BUREAU 7700 MARKET BLVD. PO BOX 147 CHANHASSEN, MN 55317 952) 227 -1150 FAX: (952) 227-1190 CHANHASSEN FIRE DEPARTMENT POLICY PREMISES IDENTIFICATION Numbers or addresses shall be placedon all new and existing buildings in such a position as to be plainly visible and legible from the street orroad fronting the property. Said numbers shall contrast with their background. Size and location of numbersshall be approved by one of the following — Fire Marshal, Fire Inspector, Building Official, Building Inspector. Requirements are for new construction and existing buildings where noaddress numbers are posted. Other Requirements - General 1. Numbers shall be a contrasting color from the background. 2. Numbers shall not be in script. 3. If a structure is not visible from the street, additional numbers are required at the driveway entrance. Size and location must be approved. 4. Numbers on mail box at driveway entrance may be a minimum of 4 ". However, requirement 93 must still be met. 5. Administrative authority may require additional numbers if deemednecessary. Residential Requirements (2 or less dwelling unit) 1. Minimum height shall be 4 inches. 2. Building permits will not be finaled unless numbers are posted and approved by the Building Department. Premises Identification FP 29 -1991 Page I of 2 Commercial Requirements 1. Minimum height shall be 12 ". 2. Multi- Tenant Buildings a. Building address range, minimum height of 12 inches. b. Address numbers required on all tenant doors. Minimum height of 6 inches. 3. If address numbers are located on a directoryentry sign, additional numbers will be required on the building's main entrance. 4. Signage on overhead/ delivery doors will also be required. Revisions 6/10/02 3/22/05 5/2/08 2/15/10 Premises Identification FP 29 -1991 Page 2 of 2 CenterPoint, Energy April 23, 2013 Robert Generous SeniorPlanner 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 700 West Linden Avenue PO Box 1165 Minneapolis, MN 55440 -1165 RE: Proposed Rezone, Subdivisionwith Variances and Conditional Use Permit- DearMr. Generous: With reference to your request, CenterPoint Energy has no natural gas mainswithin the area requested butdo have a mainand Transmission line in theroad Right of Way and with that said CNP has no objection to this proposal. If you have any questions, please contact me at612- 321 -5381. Respectfully, JCENTERPQINT ENERGY 1.x-4 C_', Qr•eii Chuck Mayers Right -of -Way Specialist Engineering Services 612- 321 -5381 Minnesota Department of Transportation Metropolitan District Waters Edge Building 1500 County Road B2 West Roseville, MN 55113 May 9, 2013 Robert Generous, AICP Senior Planner 7700 Market Blvd City of Chanhassen Chanhassen, MN 55317 SUBJECT: Bluff Creek MnDOT Review # 513 -032 SE side of TH 41 across from Tanadoona Drive Chanhassen, Carver County Control Section 1008 Dear Mr. Generous, Thank you for the opportunity to review the above referenced site plan. MnDOT has reviewed the site plan and has the following comments: Traffic: MnDOT's Access Management Manual classifies TH 41 as a Minor Arterial in an urban /urbanizing area. Therefore, connections to TH 41 should come from public streets. Providing access to the new lots from the existing driveway is a good solution due to the lack of a localsupporting road network. A large portion of Outlot A is outside of the wetland andappears to be developable. If it is indeed developable, the plans should accommodate access to OutlotAfrom the existing driveway. Please direct any questions regarding traffic to David Sheen (david.sheen@state.mn.us or 651.234.7824) of MnDOT's Metro District South Area Traffic Section. Design: The sight distance is adequate looking north andsouth from the current driveway. Please submit construction plans for review. Please direct questions regarding this commenttoNancy Jacobson (651- 234 -7647 or nancy.l.iacobsonna state.mn.us) of MnDOT's Metro Design Section. WaterResources: A MnDOT drainage permit will be required. Drainage patternsand existing drainage rates to MnDOTright -of -way must be perpetuated for the project. The following information must be submitted for a drainage permit review: 1) A gradingplanshowing existing and proposed contours, along with drainage flow areas, 2) Drainage area maps for the proposed project showing existing and proposed drainage areas. Any off -site areas that drain to the project area should also be included in the drainage area maps. The direction of flow for each drainage area must be indicated by arrows, 3) Drainage computations for pre and post construction conditions during the 2, 10, 50 and 100 yearrain events, 4) An electronic copy of any computer modeling used for the drainage computations, 5) Relevant construction plan sheets. Please direct any questions regardingwater resources to Hailu Shekur (651- 234 -7521 or hailu.shekurna,state.mn.us of MnDOT Metro District's Water Resources Section. Permits: As previously stated, a drainage permit is required. Additionally, any use of or work within oraffecting MnDOT Right -of -way and /or utilities requires a permit. A short form permit is required for the utilities that are connected within MnDOT Right -of -way. Permit forms are available from MnDOT's permit website at http: / /www.dot.state.mn.us /perm its /. Please include one 11 x 17 plan set and one full size plan set with each permit application. Please direct anyquestions regarding permit requirements to Buck Craig 651- 234 -7911 or buck.craiggstate.mn.us) of MnDOT's Metro Permits Section. Review Submittal Options: MnDOT's goal is to complete the review of plans within 30 days. Submittals sent in electronically can usually be turned aroundfaster. There are four submittal options. Please submit either: 1. One (1) electronic pdf. version of the plans. MnDOT can acceptthe plans via e -mail at metrodevreviews.dotgstate.mn.us provided that each separate e- mail is under 20 megabytes. 2. Three (3) sets of full size plans. Although submitting seven sets of full size plans will expedite the review process. Plans can be sent to: MnDOT — Metro District Planning Section Development Reviews Coordinator 1500 West County Road B -2 Roseville, MN 55113 3. One (1) compact disc. 4. Plans can also be submitted to MnDOT's External FTP Site. Please send files to: fty:Hftp2.dot.state.mn.us/ pub /incoming /MetroWatersEdge /Planning Internet Explorer doesn't work using ftp so please use an FTP Client or your Windows Explorer (My Computer). Also, pleasesend a note to metrodevreviews.dotgstate.mn.us indicating that the plans have been submitted on the FTP site. If you have any questions concerningthis review, please feel free to contact me at 651) 234 -7793. Sincerely, Michael J. Corbett, PE Senior Planner Z Copy sent via E -Mail: Diane Langenbach, Area Engineer Hailu Shekur, Water Resources Nancy Jacobson, Design Buck Craig, Permits Becky Parzyck, Right -of -Way David Sheen, Traffic Engineering Clare Lackey, Traffic Engineering Ann Braden, Metropolitan Council CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on May 9, 2013, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for Bluff Creek Woods — Planning Case 2013 -09 to thepersons 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 namesand addresses of such ownerswerethose appearing as suchby the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Sub42ed and sworn to before me% this day of 0092Jl4 _ 12013. Zotary Publ c KE6en J. 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Om L E N nLL S mm on£ nE'' cc U>, mwUac oma NM V L• mom` c v o v o m v ¢ a mE' t Em9NOmswv N a moa o c v ° mo. ' mu„ E.. 3 ° o? o Ev 5 mu CC ymng' vvvo OU VnNa Oa mnc ° cc o d E d aG otj N o - E' E' mom v and o vc" v aa>, L° av E mmwoo a D N aaQ . Drat nm c = nm yt E 3 omco v_ w` 3'°° °' 03 2 O E m m v vv= v° E' m d R G O_ R jp w N o H V mo- EEU > oo mmm' Tv R C O O C L y 7 O O v m 2 N 0 N N K R m w F 5 U U 3 n m¢ O m n C1 m m J IL BRUCE A & YVONNE M GESKE BYRON A & MARY M OLSON JOHN T & VICTORIA RILEY 7325 HAZELTINE BLVD 7331 HAZELTINE BLVD 2717 LONGACRES DR EXCELSIOR MN 55331 -8038 EXCELSIOR MN55331 -8038 CHANHASSEN MN 55317 -7557 LONGACRES HOMEOWNERS ASSN INC PO BOX 542 CHANHASSEN MN 55317 -0542 MARTIN SCHUTROP 540 LAKOTA LANE CHASKA MN 55318 MPLS COUNCIL OF CAMPFIRE GIRLS 3100W LAKE ST MINNEAPOLIS MN 55416 -4596 PATRICK D & MELINDA A SCHWAMM 2719 LONGACRES DR CHANHASSEN MN 55317 -7557 CITY OF CAAhHASSEN 7700 MarketBoulevard PO Box147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 BuildingInspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 3 MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Bob Generous, Senior Planner DATE: June 10, 2013 dl' SUBJ: Variance to Construct a 7,120 square -foot Accessory Structure 760 West 96th Street — Planning Case #2013 -11 PROPOSED MOTION The Chanhassen City Council denies the variance request to construct a 7,120 square -foot accessory structure and adopts the Planning Commission's Findings of Fact." City Council approvalrequires a majority vote. EXECUTIVE SUMMARY The property owner is requesting a variance to construct a 7,120 square -foot accessory structure for thestorage of hay and agricultural equipment. There currently exists on the property a 10,240 square -footagricultural building. On the applicant's propertyimmediately tothe east of thissite, there is an additional 9,960 square feet of accessory structures. This would give a total accessory structure square footage of 20,912 square feet. PLANNINGCOMMISSIONSUMMARY The Board of Appeals and Adjustments held a public hearing on May 21, 2013 to Planning & review the request. The Board approved a motion to den the variance b a vote of 5 for Natural Resources 1 PP y y Phone: 952.227.1130 and 2 against. For a Boarddecision to be final, an affirmative vote of three- fourths Fax: 952.2271110 (75 %) of the memberspresent is required. Since thisvote represents only a 71 percent vote, the motion acts as a recommendation to City Council. Public Works 7901ParkPlace The PlanningCommission's primary concern regarding the variance wasthat the Phone: 952.227.1300 property owner is currently using at least part of the existing storage buildings for Fax: 952.227.1310 contractor equipment storage. Senior Center Phone: 952.227.1125 RECOMMENDATION Fax: 952.227.1110 Staff recommends denial of thevariance request. Web Site www.ci.chanhassen.mn.us ATTACHMENTS Planning Commission Staff Report Dated May 21, 2013. g:\plan\2013 planning cases\2013 -11 wmm variance -760west 96th street \executive sununary.doc Chanhassen is a Communityfor Life - Providing for Todayand Planningtor Tomorrow CITY OF CHANHASSEN y ANH ASS PC DATE: May 21, 2013 CC DATE: June 10, 2013 (if necessary) REVIEW DEADLINE: June 18, 2013 CASE #: 2013 -11 BY: RG PROPOSED MOTION: The Chanhassen Board of Appeals and Adjustments denies the variance request to construct a 7,120 square -foot accessory structure and adopts the attached Findings of Fact and Decision." SUMMARY OF REQUEST: The developer is requesting a variance from Section 20- 904(a)(1) of the Chanhassen City Code toconstruct an accessory structure in excess of 1,000 square feet (7,120 square feet). LOCATION: 760 West 96th Street (PID 25- 0261610) APPLICANT: Chuck Worm 760 West 96th Street Chanhassen, MN 55317 952) 212 -2874 PRESENT ZONING: 2020 LAND USE PLAN: ACREAGE: 7.8185 acres Agricultural Estate District (A -2) Residential Low Density DENSITY: NA LEVEL OF CITY DISCRETION IN DECISION - MAKING: The City's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. 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 allproperty owners within 500 feet. PROPOSAL /SUMMARY The property owner is requesting a variance toconstruct a7,120 square -foot accessory structure for the storage of hay and agricultural equipment. There currently exists on the property a 10,240 square -foot agricultural building. On the applicant's property immediately tothe east of this site, there is an additional 9,960 square feet of accessory structures. This would give a total accessory structure square footage of 20,912 square feet. The applicant hasstated that he is trying to consolidate his fanning equipment on thesite. Currently, some of the equipment is stored at his son's propertyapproximatelysix miles away. The applicant has also stated that the intent of the use of the building is strictly for his agricultural operation, storingfarmequipment and hay within the structure and not for the contracting business. If the applicant limits the use of the accessory structures to agricultural uses, there should be sufficient storage area for agricultural purposes. PlanningCommission 760 West 96th Street Variance Request May 21, 2013 Page 2 of 6 The properties to the north, south, east and west of the subject property are zoned Agricultural Estate District (A2). Access to the site is via West 96th Street. APPLICABLE REGULATIONS Chapter 20, Article II, Division 3, Variances Chapter 20, Article X, "A -2 ", Agricultural Estate District Chapter 20, Article XXIII, Division 1, Section 20 -904, Accessory Structures On May 10, 2004, the City approved an Interim Use Permit (Planning Case #2004 -12) to allow a horse riding academy located at 760 West 96th Street subjecttothe following conditions: 1. Adhereto the standards of Chapter Five (5) "Animals ", and Article Three (3) "Horses" of the Chanhassen City Code. 2. Adhereto the standards of Section 20 -383 (General IssuanceStandards) of the Chanhassen City Code. 3. The Interim Use Permit would expire upon the site being served by municipal services. Annually, renewable June 1, a stable permit must be issued for the continued use of the site for horses. In researching the property, staff discovered that a contracting business is associated with this location: Chucks Excavating, Inc., www.chucksexcavating.com. According to their website, thebusiness was established in 1995. The picture at right, from the web site, shows some of the contracting equipment on the subject property. On August 20, 1984, the City amended the zoning ordinance to allow contractor's yards as a conditional use in the R -1 a, Agricultural Residence District. At that time, all contractors' yard owners were contacted regarding the amendment and requiredto apply for conditional use permits. On May 22, 1989 as part of Ordinance #103, contractor's yardsweredeleted as a conditional use in the A -2 and BF district regulations, thus ending the short time period in which the usewas permitted on property other than Industrial Office Park. Planning Commission 760 West 96`h Street Variance Request May 21, 2013 Page 3 of 6 ANALYSIS The current zoning ordinance limits detachedaccessory structures to a maximum of 1,000 square feet. This ordinance limiting the area of accessory structures in Agricultural Districts was adopted in May of 2007 in response to contractors purchasing property and building accessory structures to house their businesses. City Code prohibits the use of accessory structures for home occupations. At the time of the ordinance amendment, there were discussions regarding reasonable requests for structures in excess of 1,000 square feet to be used for a legitimate agricultural use. Minnesota State Statute 17.81 — Definitions, Subdivision 4 defines agricultural use as "use of land for the production of livestock, dairy animals, dairy products, poultry and poultry products, fur bearing animals, horticultural andnurserystock which is underchapter 18H, fruit of all kinds, vegetables, forage, grains, bees, and apiary products. " It was decided after the discussions that requests for accessorystructures in excess of 1,000 square -feet would be reasonable if based on a legitimate agricultural use. The stated intended use of the accessory structure to be located on the subject property is for storage of hay and farm equipment; therefore, it would be considered a legitimateagricultural use. However, the applicant also runs a contracting business for excavating and grading. Once the building is constructed, it will be difficult or impossible for the city to regulate that the buildings are not used for the commercial excavating business instead of the approved riding academy and agricultural use. Staff reviewed city recordstodetermine if any structures in proximity to the subject site were constructed after the accessory structure limitation was adopted in 2007. In December of 2007, the Planning Commission approved a177 square -foot variance to exceed the 1,000 square -foot maximum for accessory structures. The variance was to allow for a 452 square -foot addition to an existing 725 square -foot detached garage. In 2012, City Council approvedvariances for 620 West 96`h Street structure to construct a 2,560square -foot accessory structure and720 West 96a' Street toreconstruct and expand by 520 square feet an existing accessory structure, which is a 40 -foot by 37 -foot building with a 40 -foot by 8 -foot covered walkway /lean-to area (1,800 square feet total). There was also a structure constructedsometime after 2005, without record of a building permit. It is unclear if this structure wasconstructed before or after the adoption of the zoning ordinance in 2007. Planning Commission 760 West 96a' Street Variance Request May 21, 2013 Page 4 of 6 PC 2012 -12, variance for a 1,800 Project site sq. ft. accessory structure Al - K e rvi h _ • ..I0 1 P, w d • fa'1'.ar La'i..I Pianpr3 TraA PC 2007 -28, variance for 1,177 sq. ft. accessory structure PC 2012 -10, variance for 2,560 sq. ft. accessory structure Structure constructed 8 after 2005, no permit The existing driving surface will provide vehicular access to theproposed building. The proposed location will require some grading. The existing drainage patterns must be maintained. The proposed grading must be shown with the building permit application. The applicant has indicated that he may install some retaining walls to minimize the grading impact. The applicant is aware that retaining walls over 4' high must be designed by an engineer and requires a Building Department permit. Any retaining wall under 4' requires a zoning permit. In conjunction with the building permit application, the applicant will need to revise the survey to show and calculatethe hard surface coverage of the site. This calculation should include not only the building, but thecompacted area of the property used for vehicle access and circulation. The A- 2 district permits a maximum site coverage of 20 percent. PlanningCommission 760 West900 Street Variance Request May 21, 2013 Page 5 of 6 As canbe seen from theabove aerial photo, thisneighborhood has a preponderance of accessory structures in excess of 1,000 square feet. Staff is concerned with the large size of the structure. Between the existing storage building onthe property as well as an estimated additional 9,960 square feet of buildings on the property where the Worm's home is located, what is the appropriateamount of accessorystructuresnecessary for the horse operation? As a comparison, the Deglerfarm, located at the southeast corner of Lyman Boulevard and Adubon Road, which is located on 40 acres, has a total of 38,155 square feet of accesorystructures. At what point do the sizes of the accessory structures create a concentration of properties that in the futuremay be used for business operationsrather than storage for agricultural of residential uses? Does the City, by permitting the construction of these large accessorystructures, create investment- backed expectationsthat these structures will be used for commercial businesses, rather than as a residential accessory use. This concern originates from the possibility that home occupations may be conductedout of accessory structures. Home occupations are a common cause of complaint from residents. Theyoften create an excess in parking, traffic and noise. Additionally, the use of the property as a riding academy will end when sewer and water are availableto the property. However, the large accessory structure will remain. As the property is less than ten acres the agricultural exemption from building code requirements does notapply. Building permit(s), plan review and approvals are required for theproposed building. Planning Commission 760 West 96d' Street Variance Request May 21, 2013 Page 6 of 6 RECOMMENDATION Staff recommends that the Board of Appeals and Adjustment deny the variance and adopt the attached Findings of Fact and Decision. Should the variance be approved, staff recommends that the following conditions be added: The building may only be used for agricultural or residential storageand not for business operations or storage. 2. Building permit(s), plan review and approvals are required for the proposed building. 3. Maintain existing drainagepatterns. 4. The proposed grading must be shown with the building permit application. 5. A zoning permit is required for any retaining wall under 4 feet high. 6. Any retaining wall 4 feet high or taller must bedesigned by an engineer and requires a Building Department permit. ATTACHMENTS 1. Findings of Fact and Decision. 2. Development Review Application. 3. Picture and Narrative. 4. Pictures of Hayfields, Tractor and Bailer and Tractor and Hay Wagon. 5. Schematic South and North Building Elevations. 6. Schematic East and West Building Elevations. 7. Schematic and Topography of Potential Building. 8. Survey for Chuck Worm. 9. Public Hearing Notice and Mailing List. g: \plan\2013 planning cases\2013 -11 wom variance -760 west 96th stree6wom staff report.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT ANDDECISION IN RE: Application of Chuck Worm for a variance from the 1,000 square -feet accessory structure limitation to allowfor a 7,120 square -foot accessory structure on property zoned Agricultural Estate District (A2) — Planning Case 2013 -10. On May 21, 2013, the Chanhassen Planning Commission, acting as the Board of Appeals and Adjustments, met at its regularly scheduled meeting to consider the application. The Planning Commission conducted a public hearing onthe proposed variance preceded by published and mailed notice. The Board of Appeals and Adjustments makes the following: FINDINGS OF FACT 1. The property is currently zoned Agricultural Estate District (A2). 2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density. 3. The legal description of the property is as follows: All that part of theSouth one -half of the Northeast Quarter of Section 26, Township 116, Range 23 described as follows: Commencing at a point in the South line of said South one -half of the Northeast Quarter, distant 330.79 feet West of the Southeast corner thereof; thence Northerly parallel with the East line of said Southeast one -half of the NortheastQuarter a distance of 512.47 feet to the point of beginning of the tract of land to be described; thence Westerly parallel with the South line of said South one -half of the Northeast Quarter a distance of 425.00 feet; thence Northerly parallel to saidEast line a distance of 800 feet more or less tothe North line of said South one -half of the NortheastQuarter; thence Easterly along said Northline a distance of 425 feet more or less; thence Southerly along said parallel line to the ponint of beginning. Cont. 7.82acres. 4. VarianceFindings — Section 20 -58 of the City Code provides the following criteria for the granting of a variance: a. Variancesshall only be permitted when they are in harmony with thegeneral purposes and intent of this Chapter and when the variances are consistent with the comprehensive plan. Finding: The subject site is zoned Agricultural Estate District (A2). The purpose of the request is to exceed the 1,000 square -foot accessory structure limitation to provide additional storage for hay and farming equipment. There currently exists a 10,240 square -foot shed on the property. This structure is being used for business storageand not only for agricultural uses; therefore, it is not keeping in harmony with thegeneral purpose and intent of the A2district. Additionally, the property nextto this site, which is also owned and used by the applicant, contains approximately 9,960 square feet of accessory buildings. The agricultural uses could be consolidated in the existing shed. b. When there are practical difficultiesin complying with the zoning ordinance. 'Practical difficulties," as used in connection with the granting of a variance, means thatthe property owner proposes to use the property in a reasonable mannernot permitted by this Chapter. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Finding: Currently, the property owners have reasonable use of thesubject property within the Agricultural Estate District, A2, as a riding academy with a 10,240 square -foot shed. Literal interpretation of the code does notconstitute a hardship orpractical hardship. c. That thepurpose of the variation is not based upon economic considerations alone. Finding: The stated intent of therequest is for hay and farm equipment storage. d. The plight of the landowner is due to circumstances uniqueto the property not created by the landowner. Finding: The owner has a riding academy and 10,240 square -foot storage shed onthe property. This does not constitute a unique hardship not created by the landowner since a structure in excess of 1,000 square feet exists on the site. e. The variance, if granted, will not alter the essential character of the locality. Finding: There are several properties in proximity to the subject property that have accessorystructures in excess of 1,000 square feet. Theseaccessory structures were constructed prior to the 2007 ordinance amendment limiting accessory structure size and are considered to be legal nonconformities. The City has also granted variances for two structures in excess of 1,000 square feet in 2012. However, this area is guided for residential low density uses in the future. Such uses do not require accessory structures in excess of 1,000 square feet. f. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter. Finding: This does not apply to this request. 5. The planning report #2013 -10, dated May 21, 2012, prepared by Robert Generous, et al, is incorporatedherein. DECISION The Chanhassen Planning Commission, acting as the Board of Appeals and Adjustment, denies Planning Case #2013 -10 a variance from the 1,000 square -foot accessory structure limitation to allow a 7,120 square -foot accessory structure on property zoned Agricultural Estate District, A2." ADOPTED by the Chanhassen PlanningCommissionthis 215` day of May, 2013 CITY OF CHANHASSEN Chairman PLEASE PRINT CITY OF CHANHASSEN 7700MarketBoulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227 -1100 DEVELOPMENT REVIEW APPLICATION Applicant Name and Address: 0_1-iuek WioRr. 7(oo t,J 91614 sr CA-an Mx) Contact: Phone:q,Q ala-_797y Fax:TQ y9ti a29r% S Email: 16 Planning Case No. e71613 `iI CITYOF CHANHASSEN RECEIVED APR '1 9 2613 CHANHASSEN PLANNING DEPY PropertyOwner Name and Address: C Ayek,t Sdmidie Lt)er" 7mo t.1 q04 sr !'Ag„ W1nl esar Contact: ck a Phone:152 51k ,M Fax: Email: NOTE: Consultation withCity staff is required prior tosubmittal, including review ofdevelopment plans Comprehensive Plan Amendment Conditional Use Permit (CUP) Interim Use Permit (]UP) Non - conforming Use Permit Planned Unit Development* Rezoning Sign Permits Sign Plan Review Site Plan Review (SPR)* Subdivision* Temporary Sales Permit Vacation ofRight -of- Way /Easements (VAC) Additional recording fees may apply) Y Variance (VAR) 2-00 Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment Notification Sign — $2 0 City to install and remove) X Escrowfor FilingFees /Attorney Cost ** jg Tl?UP /SPR/VAC/VAR/WAP /Metes & Bounds 450 Minor SUB TOTAL FEE $ v/ Qti An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant priorto the public hearing. Five (5) full -size folded copies of the plans must be submitted, including an 8 %" X 11" reduced copy for eachplan sheet along with a digital copy in TIFF -Group 4 ( *.ffl format. Escrow will be required for other applications through the development contract. Building material samplesmust be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. SCANNED PROJECT N LOCATION: LEGAL DESCRIPTION AND PID: +Y -Ze ®- cl Il I0 a 31 ooQ ® ea, 'ssen ad Lot -'z 9 ).-,ck 7 TOTALACREAGE: WETLANDSPRESENT: YES }C NO PRESENT ZONING:SfczlS REQUESTED ZONING: ZI -Istcl PRESENT LAND USEDESIGNATION: REQUESTED LAND USEDESIGNATION: REASON FOR REQUEST: FOR SITE PLAN REVIEW: Includenumberof existing employees: and new employees: This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable CityOrdinance provisions. Beforefilingthis application, you should confer with the Planning Departmentto determine the specificordinance and procedural requirements applicable to your application. A determination of completeness of the applicationshall be made within 15 business days of application submittal. A written noticeofapplication deficiencies shall bemailed to the applicantwithin 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all Cityrequirements withregard to this request. Thisapplicationshould be processed in my name and I am the party whom the City should contact regardingany matter pertaining to this application. I have attached a copyof proof of ownership either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make thisapplicationand the fee owner has also signed this application. I will keep myselfinformed of the deadlines for submission of material and the progress of thisapplication. I further understand that additional fees may be charged for consultingfees, feasibility studies, etc. with an estimateprior to any authorization to proceed with the study. The documents andinformation I have submitted aretrue and correct to thebest of my knowledge. Signature of Applicant Date Signature of Fee Owner g:\plan\forms \development review application.doc Date SCANNED Isiiii.5. .. uo Reasons for another pole building I like thearea where I live and would like to stay here Morefarm equipment purchased since the last building was built I do not like my equipmentout in the sun or rain when not being used Cost of equipment has risen and is worth having a roof overits head My equipment has gotten longer and my hay loads have gotten higher With hay you have to be ready if the weather changes you have a roof over your hay and equipment Thanks Chuck IK sue I*d C. to 3 0 x r 3 i Q/ a 44 ct 1U 0 I o K tip: 14 SURVEY FOx.S CHum WO"rM, IAmTii LuE eF .2( S 39035 l 4 E 424 94 .T P STREEF m NEST EX ST'i\.1G Toa ' P •m d' I ieo 10 ... i 6m ELM #Ce.Je-owK PER d= ii %..._ , Olq 56,0E GlS i'ouw1T`l 1NF,M4 lD VTR fi.o V Fie.J, =919, U1 N dNY °+ ro'a Q N y NroTd y ^dLdx LTY 1n y N.N,OCOy4rrd- yem i ooa v c t PER -cEU Coue M =o= roe ;oawd O N WEI` SFkMT ^0 V FNOi ^Yyd LYY Y lyf J roN 1 F .n eoticQ- 5.I6 6 DIO CIJ W ma.'n+r- baste °m •di cai . y^ cm ad. ow icy C ° LUrna ccdw ZJ zw aro i'o s t V; r z ;T _ a 9"Oy 4 425.00 NB9eO l1 "UJ °€sya _ Yti. t>G LLt WC[V 7,7q i I hereby certify that thisis s true and correct representation of a surveyof the boundaries of tke above cLexTibe. !PI z e pro ,+1 CKof P County, Minnesota ae on file and of record in the Office of the County Record., in and for said County, That I em a duly Registered Lend Surveyor underthe Laws of the Stet. of Minnesota. Dated,p91L 12 2013 i464 GINR CEIVED SEN RECEIVED APR 1 92013 Mlnne seta Registration No. 17009 CHANHASSEN PUNNING DEPT 855 Barn..<L.ke'lDrive, p1 Norwood Young Amarica, Mo. 55397 0 TinE PIhH N LQ \S EE nb PTF Phone , 952 495 -4027 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on May 9, 2013, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for 760 West 96th Street Variance — Planning Case 2013 -11 to the personsnamedonattached Exhibit A ", byenclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed toall such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners werethoseappearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and sworn to before me this COh day of MA 2013. Notary Pub 'c Ur Kdren J. E tj ardt, e uty Clerk JWK IM T. 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E > mc m' G O N ciU a mn in l =££ UU 3nm¢ m Em m ° m BRADLEY C WORM CHARLES E & SANDRA R WORM DAVID D & STEPHANIE J VIEAU 750 96TH ST W TRUS 901 HOMESTEAD LN CHANHASSEN MN 55317 -8603 760 W 96THST CHANHASSEN MN 55317 -8609 CHANHASSEN MN 55317 -8603 GARY J & MARY LANE BENDZICK 731 96TH ST W CHANHASSEN MN 55317 -8603 JOHN E & CYNTHIA N HART 951 HOMESTEAD LN CHANHASSEN MN 55317 -8609 LESLIE L O'HALLORAN 71096THST W CHANHASSEN MN 55317 -8603 ROBERT A & ELIZABETH K HAAK 770 PIONEERTRL CHANHASSEN MN 55317 -8671 THOMAS J & SHARON L MESCHKE 9701 FLINTLOCK TRL CHANHASSEN MN 55317 -8637 WILLIAM F & MARY E HEINLEIN 721 96TH ST W CHANHASSEN MN 55317 -8603 GREGORY M FALCONER 720 96TH ST W CHANHASSEN MN 55317 -8603 KARENKAY HENRICKSON 9651 FLINTLOCK TRL CHANHASSEN MN 55317 -8605 PETER A DIRKS 900 HOMESTEAD LN CHANHASSEN MN 55317 -8608 ROBERT F ERLER 9600 FLINTLOCK TRL CHANHASSEN MN 55317 -8605 TIMOTHY A & DAWNE M ERHART 9611 MEADOWLARK LN CHANHASSEN MN 55317 -8695 JAMES R & SHARON M HEDBERG 750 PIONEERTRL CHANHASSEN MN 55317 -8671 KEVIN J & PATRICIA A ELLSWORTH 9601 FLINTLOCK TRL CHANHASSEN MN 55317 -8605 ROBERT & BETTY WOLD 730 PIONEER TRL CHANHASSEN MN 55317 -8671 STEVEN J & SANDRA R KADISAK 810 PIONEER TRL CHANHASSEN MN 55317 -8673 WESLEY & CAROL DUNSMORE 730 96THST W CHANHASSEN MN 55317 -8603 Correspondence Packet Letterfrom Todd Graham, Metropolitan Council dated May 28, 2013. Letter to Burl Haar, Minnesota Public Utilities Commission re: Scott County — Westgate 11 5k Upgrade dated May 30, 2013. Southwest Metro Magazine featuring TheBest of 2013 naming the Chanhassen Fourth of July Celebration as the Best Community Festival. Memo from Greg Stiicha re: Review of Claims Paid dated May 31, 2013 6 Council May 28, 2013 Todd Gerhardt, Manager City Of Chanhassen PO Box 147 Chanhassen, MN 55317 Dear Mr. Gerhardt: 1\w d iws, /oH Each year, the MetropolitanCouncil prepares population and household estimates as of April 1 of the previous year. Local governments are invited to review and comment on the preliminary estimates. The Council will certify final estimates by July 15 for State government use in allocating local government aid and street aid. The Metropolitan Council estimates that Chanhassen (Carver County) had 23,779peopleand 8,629 households as of April 1, 2012, and household size averaged 2.75 persons per household. Chanhassen HennepinCounty) had 0 people and 0 households, and household size averaged 0.00. With thisletter, the Council is reporting the data inputs used to develop the preliminary estimates for your community. The Council estimates current population and households through changes in the housing stock, occupancy ratesand persons per household. Input data sources include housing stock, manufactured home parks, and group quarters data maintained by Metropolitan Council Research, as well as U.S. Census Bureau's American Community Survey data. For more information on the Council's population estimates model, please visit the Council's website at http: / /stats.metc. state. mn.us /stats /aboutestimates.aspx or contact Todd Graham at651 -602- 1322. Council staff welcomesdiscussion of the2012 preliminary estimates. Under Minnesota Statutes 473.24, the Metropolitan Council must receive your comments, questions or specific objections, in writing, by June 24. Pleasesendany written comments or questions to Todd Graham, MetropolitanCouncil Research, 390 North Robert Street, Saint Paul, MN 55 10 1; or by e -mail to todd.graham @metc.state.mn.us Sincerely, Todd Graham Principal Demographer w .metrocouncil.org z JUN 3 2013 CITY OF CHANHASSEN 390Robert Street North • St. Paul, MN 55101 -1505 • (651) 602 -1000 • Fax (651) 602 -1550 •TTY (651) 291 -0904 An Eyeat Opportunity Employer 2012 Annual Population Estimates Chanhassen city, CarverCounty, Minnesota Households: 8,629 Housing Total: 8,927 Occupancy Rate: 96.66% Population in Households: 23,763 Average Household Size: 2.754 Population in Group Quarters: 16 Total Population: 23,779 Metropolitan Council's Annual Estimates account for housing stock changes since April 1, 2010. These include housing units permitted and other changes. Other changesaredue to demolitions, building conversions (units added or lost), city boundary changes (units annexed in or out), and other changes reported by city and townshipstaff. The Council assumes that 85% of multifamily and 95% of single - family units permitted in 2011 were completed and occupiable by April 1, 2012; the remainder are occupiable in the future. Manufactured homes are counted each year from Metropolitan Council surveys of manufactured home park operators and local governments. Other housing (boats, RVs, etc. used as housing) is an estimate from the most recent Census ACS estimates. Housine Stock April 1, 2012 6,316 1,380 107 1,124 0 0 8,927 Each housing type will have a specifically estimated occupancy rate andaverage household size. Starting with the 2011 -12 cycle, the primary data are the most recent AmericanCommunity Survey estimates, calculated and adjusted as described in the Council's methodology, availableonline at httP:Hstats.metc.state.mn.us/stats/aboutestimates.aspx Definitions: A household is a group of people (or oneperson alone) occupying a housing unit. The number of occupied housingunits and the number of households are equivalent. Population in Group Quarters (or institutional housing) is counted separately through an annual Metropolitan Council survey. Housing Stock Permitted and Other changes Persons Per April 1, 2010 built since 2010 since 2010 Single - family- detached: 6,154 171 9 Townhomes: 1,302 78 0 Duplex, 3 -, 4 -plex units: 107 0 0 Multifamily units: 1,116 8 0 Manufactured homes: 0 Duplex, 3 -, 4 -plex units: 107 Other (boats, RVs, etc. as shelter): 0 2.601 276 HousingTotal: 8,679 90.68% 1,019 Housine Stock April 1, 2012 6,316 1,380 107 1,124 0 0 8,927 Each housing type will have a specificallyestimated occupancyrate andaverage household size. Starting with the 2011 -12 cycle, the primary data are the most recent American Community Survey estimates, calculated and adjusted as described in the Council's methodology, availableonline at httP:Hstats.metc.state.mn.us/stats/aboutestimates.aspx Definitions: A household is a group of people (or oneperson alone) occupying a housing unit. The number of occupied housingunits and the number of householdsare equivalent. Population in Group Quarters (or institutional housing) is counted separately through an annual Metropolitan Council survey. Metropolitan Council 5/28/2013 Housing Stock Occupancy Occupied with Persons Per Population April 1, 2012 Rate 2012 Households Household in 2012 Single - family- detached: 6,316 97.50% 6,158 2.904 17,883 Townhomes: 1,380 97.50% 1,346 2.904 3,909 Duplex, 3 -, 4 -plex units: 107 99.50% 106 2.601 276 Multifamily units: 1,124 90.68% 1,019 1.663 1,695 Manufactured homes: 0 0.00% 0 3.118 0 Other: 0 Counted only if 0 1.600 0 occupied Housing Total: 8,927 Households: 8,629 In Households: 23,763 In Group Qtrs: 16 Total Population: 23,779 Metropolitan Council 5/28/2013 2012 Annual Population Estimates Chanhassen city, Hennepin County, Minnesota Households: Housing Total: Occupancy Rate: 0 Population in Households: 0 Population in Group Quarters: 0.00% Total Population: 0 Average Household Size: 0 0 0 11 I Metropolitan Council's Annual Estimates account for housing stock changes since April 1, 2010. These include housing units permitted and other changes. Other changes are due to demolitions, building conversions (units added or lost), city boundary changes (units annexed in or out), and other changes reported by city and township staff. The Council assumes that 85% of multifamily and 95% of single - family units permitted in 2011 were completed and occupiable by April 1, 2012; the remainder are occupiable in the future. Manufactured homes are counted each year fromMetropolitan Council surveys of manufactured home park operators and local governments. Other housing (boats, RVs, etc. used as housing) is an estimate from the mostrecent Census ACS estimates. Each housing typewill have a specifically estimated occupancy rate and averagehousehold size. Starting with the 2011 -12 cycle, theprimary data are the most recentAmericanCommunity Survey estimates, calculated and adjusted as described in the Council's methodology, availableonline at http://stats.metc.state.mn.us/stats/aboutestimates.aspx Definitions: A household is a group of people (or oneperson alone) occupying a housing unit. The number of occupiedhousing units and the number of households are equivalent. Population in Group Quarters (or institutional housing) is counted separately through an annual Metropolitan Council survey. Housing Stock Permitted and Other changes Housing Stock April 1, 2010 built since 2010 since 2010 April 1, 2012 Single - family- detached: 0 0 0 0 Townhomes: 0 0 0 0 Duplex, 3 -, 4 -plex units: 0 0 0 0 Multifamily units: 0 0 0 0 Manufactured homes: 0 Manufactured homes: 0 0 Other (boats, RVs, etc. as shelter): 0 Other: 0 0 Housing Total: 0 0 Each housing typewill have a specifically estimated occupancy rate and average household size. Starting with the 2011 -12 cycle, theprimary data are the most recentAmerican Community Survey estimates, calculated and adjusted as described in the Council's methodology, availableonline at http://stats.metc.state.mn.us/stats/aboutestimates.aspx Definitions: A household is a group of people (or oneperson alone) occupying a housing unit. The number of occupiedhousing units and the number of householdsare equivalent. Population in Group Quarters (or institutional housing) is counted separately through an annual Metropolitan Council survey. Population in 2012 0 0 0 0 0 0 0 0 0 Metropolitan Council 5/28/2013 Housing Stock Occupancy Occupied with Persons Per April 1, 2012 Rate 2012 Households Household Single - family- detached: 0 0.00% 0 2.788 Townhomes: 0 0.00% 0 2.788 Duplex, 3 -, 4 -plex units: 0 0.00% 0 2.394 Multifamily units: 0 0.00% 0 1.757 Manufactured homes: 0 0.00% 0 2.576 Other: 0 Counted only if 0 1.600 occupied Housing Total: 0 Households: 0 In Households: In Group Qtrs: Total Population: Population in 2012 0 0 0 0 0 0 0 0 0 Metropolitan Council 5/28/2013 CITY OF 7700 Market Boulevard PC Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax. 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.2271160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone, 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 7901Park Place Phone, 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us May 30, 2013 Mr. Burl Haar Executive Secretary MinnesotaPublic Utilities Commission 121 7th Place East, Suite 350 Saint Paul, MN 55101 -2147 Re: Scott County— Westgate 1 15kVUpgrade Dear Mr. Haar: The City of Chanhassen has reviewed the proposed 115 kV transmission line upgrade around and through the City of Chanhassenand expressedconcerns at the May 16, 2013 public hearing at the Chanhassen Recreation Center. This letter reflects an update to the city's position on thisproject as stated in my letter dated February 5, 2013. Certificate of Need The. City of Chanhassen agrees that a transmission line upgrade is necessary to meet the , current and future needs of the communities in the southwest metropolitan area for electric service. Routing Thepreferred alignment should be both a cost - effective solution and minimize social, economic and environmental impacts. The City of Chanhassen would support Xcel Energy's Highway 5 Alternative Proposal if the 34.5 kV feed lines along Highway 5 are buried from theWestgate Substation in Eden Prairie to pole structure #57 in Chanhassen. The City of Chanhassen would be opposed to thelocation of a second substation at the intersection of LymanBoulevard (CSAH 18) and Audubon Road (CSAH 15). The installation of this second substation in thisvery visible area is notwhat the City envisioned as a gateway to Chanhassen and Chaska. This site, due to its topography, would be difficult if notimpossibleto screen and, therefore, would be a detriment to the social and economic development of ourcities. The City of Chanhassen would consider the expansion of the Bluff CreekSubstation as an alternative if it can be properly screened from the public. Respectfully, v T''r Todd Gerhardt City Manager c: Michelle Swanson, Xcel Energy Manager, Community Relations & Economic Development 5309 West 70th Street, Edina, MN 55439 g: \admin \scoff county — westgate 1 15kv upgrade \letter to burl harr 5- 30- 13.doc Chanhassen is a Communityfor Life - Providing forTodayand Planning for Tomorrow south L9b11H'dad NH MOT) is 01Vd awisod sn als lsad 3.95 JUNE 2013 // SOUTHWESTMETROMAG.COM R COMMUNITIES / OUR MAGAZINE St A- metro See why the southwest metro is a great place to live! REST CATERER Famous Dave's If you're planning a last- minute party for less than 25 people, Famous Dave's 590Prairie Center Dr, Eden Prairie.; 952.941.5849; famousdaves.com/eden- Prairie) can deliver with only three hours notice —and they'll bring all of the plates and utensils and even help set up and organize the food, says manager Katy Lisk. With a little morenotice, the restaurant can help out with any size party. "We want our clients to know they can count on us," Lisk says. "That's really important" A popular catering option is the Piglet N' More, which includes a sandwich, chicken or spareribs, corn bread and two sides for $10.49 per person. —LP Runners up: Byerly's Chanhassen, Green OliveCatering REST PRIVATE -PARTY VENUE Wildfire With the ability to create a memorable evening for parties from 12 -70 guests, it's no surprise thatWildfire (Eden Prairie Center, Eden Prairie; 952.914.9100, wildfirerestaurant.com /eden- prairie) is a go- to venue for events ranging from grooms' dinners to business meetings. A dedicated specialevents manager oversees all of thedetails of each party, making sure everything from the floor plan to the menu is perfect. Rooms can come equipped with screens and televisions for special presentations, says Debbie Patnode, parties and special events manager. The restaurant's private rooms were recently updated, reflecting the restaurant's 1940s- inspired supper dub theme. One of the mostpopular spaces is the MinnesotaVikings Room, which features team memorabilia fromthe 1970s to today. —LP Runners up: Oakridge Hotel & Conference Center, Biaggi's RECTPLACE FOR A DATE NIGHT Redstone It's really a romantic atmosphere," says manager Rena Jarvis, explainingby Redstone (8000 Eden Road, Eden Prairie; 952.903.9500; redstonegrill.com) is perfect for a date night. Whether you're looking for an intimate evening in the restaurant or a more lively experience at the bar or on the patio, Redstone offers plentyof date - friendly ambiance. Live music on Wednesdays, along with a DJ on Fridays and Saturdays, will fill in any gaps in conversation: —LP Runners up: Wildfire, Houlihan's BEST BIKE CHOP Erik's Bike Shop After pedaling, pumping, and pushing your bike across the Southwest Metro, Erik's Bike Shop (16570 Main St., Eden Prairie; 952.934.7993; eriksbikeshop.com) is where You turn when it comes time to upgrade or repair. The level of expertise found there is "unmatched in the bicycle industry," according to franchise owner Erik Saltvold. He explains that his staff focuses on the fit of the bicycle. "The staff is trained extensivelyto fit the riderto the bike," he says. They also boast a huge inventoryof Product, and are pleased to announce a new bike line of the Italian brand Pinarello for 2013. —im Runners up: Bokoo Bikes and Paddle Sports, Freewheel BikeShop SOUTHWESTMETROMAG.CO M " 19 Y 7 At 9 f 6 i U7 BEST HIGH SCHOOL TEACE Mt IA., s r Steve Cwodzinski, Eden Prairie High School It's hard to fall asleep in Steve Cwodzinski's class: There's plenty of yelling, perhaps some foot stomping and lots of impassioned speeches. Upon entering the Eden Prairie High School government and history teacher's classroom —or "marketplace of ideas,' as he's labeled it— students will quickly learn they won't be expected to simply memorize facts and dates, they'll be encouraged to engage with the class and their community. Over the course of his career, Cwodzinski has met two presidents (George W. Bush and Bill Clinton), taken students on trips to Israel, Polandand Washington, D.C., and inspired hundreds of students. "I've never regretted a Monday or looked forward to a Friday;' Cwodzinski says. "Twenty -eight years, and I loved every minute of it' —LP Runners up: Sarah Gilbertson, Chanhassen High School; KjerstenWelter, Eden Prairie High School BEST ROME DECORSHOP Romans This family -run shop, has been in business for more than 30 years, and it recentlystreamlined its name and moved to a new location (7820 Terrey Pine Court EdenPrairie, 952 975 3900, romensatthefindcom). Regular shoppers know theyll find unusualtreasures for their homes, including lamps, mirrors, accessories, tables and artwork, but what really sets thisshop apart is the knowledge of its staff. Everyone who works at the shop has a background in interior designandregularly offers free in -shop consultations. "Wespecial order all the time to putthe right look together,' says co -owner Lynn Anderson. In need of more help? Romans also offers in -home interior design consultation for a fee. —LP Runners up: HomeGoods, PropShop 20/JUNE 2013 BEST GOLF COURSE Chaska Town Course The Chaska Town Course (3000 Town Course Dr., Chaska, 952.443.3748; chaskatowncourse.com) offers lush oak groves, open prairie and marshlands over a sprawling 285 acres. Designed by golf course architect Arthur Hills, casual golfers and pros alike have been perfecting their games atthe Town Course, which also includes a popular driving range. PGA Head Golf Professional John Kellin says great customer service and course conditions set them apart from otherTwin Cities courses. That is, of course, assuming you don t slice one into the marsh. — M Runners up: Deer Run Golf Club, Bear Path Golf & Country Club BEST PHOTOGRAPHER VIP Gallery((( The husband and wife team of Mark and Krish Kiefer r I have been capturing the images and stories of Minnesotans for more than 20 years. VIP Gallery (7985 Hwy. 5, Waconia; 952.442.5436, vipgaHery.net) operates out of a converted dairy farm in picturesque Waconia. Their 21 -acre plot is landscaped for the perfect photo backdrop, and also serves asa big draw for clients. The Kiefersdraw on their experience in posing and lighting to set them apart from the competition. "Photography is so subjective: Krish says. "We just treat everyone how they want to be treated' — M Runners up: Rita VannettPhotography, Taylor Hubbard Photography SECT PLACEFOR UNUSUAL GIFTS Finding Joy Boutique There's always somethingnew in stock at Finding Joy (7838 Market Blvd, Chanhassen, 612.250.7286: findingjoyboutique.com), a shop that's supplied by more than 70 local artists. Shop owner ChristieLarson says that the most popular gift items include granite cutting boards andserving trays fashioned from reclaimed materialsand pottery serving pieces, including chip anddip platters. You'll also find yard art, baby booties, dog leashes, jewelry, accessories and so much more at this inviting little shop. —LP Runnersup: Prop Shop, Romans REST INTERIOR DECIGNER Embellishments Design Studio Jane -Marie Bloomberg jokes that she's a recovering accountant. The interior designeropened Embellishments Design Studio (612.251.6512; embellishmentsdesign.com) in May of 2002, after leaving corporate America to pursue her passion for design. But that doesn't mean she doesn't use her accounting skills on a daffy basis: With a keen eye for herclients' budgets, Bloomberg is able to cultivate the perfect look for a home without breaking the bank. She describes her style as classic modem, explaining that she's drawn to items with good bones and great lines with a twist that makes them current. "There's room for good design, regardless of price point and budget," she says. —LP - - Runners up: Molly Gilbertson, M. Gilbertson Design; Chantal Devane, Devane Design 111600 IT UNDCCAPER The Mustard Seed RECT INDEPENDENT PLACE TO BUN JEANS Hot Mama Shopping for a new pair of jeansis right up there with picking out a newswim suit, but finding the right fit iseven more crucialconsidering that the perfect pair is a staple of any womans wardrobe. Feeling pressured and overwhelmed? Enter Hot Mama (11995 Singletree Lane, Eden Prairie; 952.426.0066; shopmama.com). The shop's stylists are skilled at listening to their shoppers' needs, sizing up their body types andhelping them find a pair they feel great about, says store manager Erin Wills. Hot Mama carries about 10 different brands of premium denim in a variety of styles and price points, ranging from $79 to $198. "We have all sizes," Wills says. "We want to get the perfect jeans on whatever body you have" —LP Runners up: Mainstream Boutique, The Hanger The past year has marked a homecoming of sorts for Mark Halle, owner of The Mustard Seed. He purchased his family business, Halle Nurseryand Garden Center, last November, and this spring he opened another location of The Mustard Seed where Halla Nursery used to sit (10000 Great Plains Blvd., Chaska; 952 3 6 7. 9954; themustardseedinc. com). The gardenshop and landscapingcenter is still open in its original location (6055 Hwy. 12, Chaska). And it still offersthe same beautiful landscaping services, providing customers with design options, installation and even perennial garden maintenance. As the companycontinues to grow into its new spaces, its services may expand, too. —LP Runners up: Bachman's, Southview Design c` BEST BUILDER /REMODELER Mackmiller Design +Build The husbandand wife team, Mark and Mary Mackmiller, behindMacknuller ra Design +Build (15694 Village Woods Drive, Eden Prairie, 952.949.8600, mackmillercom) excel at making spaces that are not only beautiful, but liveable —a perfect marriage ofform and function. "Both Mark and I really love solving people's living, spatial and design problems," Mary says. Thecouple takes pride in creating designs that reflect their clients' personal tastes, whidi means each of their projects has a unique feel. —LP Runners up: CRE Construction, Iron River Construction BESTFLORICT Bachman's How can you not love working with beautiful flowers," says Cheri Paulson, a floral designer at Bachman's for the past 12 years. Paulson, and the team of florists at Bachman's in Eden Prairie (770 Prairie Center Dr., Eden Prairie, 952.941.7700, bachmans.com), including Linda Quids, Tammy Marquardt- Pieper and Jenny Hindbjorgen, pride themselves on making unique bouquets to mark all of life's big moments, from marriage proposals to funerals. "Its nice to knowwhat you re doing is affecting people's lives in a positive way," Paulson says. —LP Runners up: Victoria Rose Floral, Belladonna Florist BEST TON STORE ABC Toy Zone Packed to the gills with everythingfrom trendy collectibles to educational, family - friendly games, its no surprise that adults and children alike are fans of ABC Toy Zone (820W 78th St., Chanhassen, 952.474.4366; abctoyzone.com). Thelocally owned chain of stores does its best to carry local products, and its well- stocked with teacher - friendly materials, as well. —LP Runners up: Smarty Pants Kids, Target BEST REAL STATE AGENT Colleen Larson, Re /Max Results Eden Prairie With more than 20 years of experience in both mortgages and real estate, Colleen Larson (952.829.3832; results.net/colleen. Larson) has helped a lot of people buy and sell homes. "Ilove my job," Larson says. "I really endup becoming friends with the people I work with" Larson s mother was a real estate agent, which piqued Larson s interest in the field at a young age. She loves helping her clients every step of the way from beginning their search or staging their home to negotiating the deal and finally, bringing the transaction to a dose. —LP Runners up: Linda Margl, Edina Realty; Bloomberg Real Estate Services RECT COMMUNITN FESTIVAL Chanhassen Fourth of July There are summer festivals, and then there's the Fourth of Julyin Chanhassen 7700 Market Blvd., Chanhassen; ci.chanhassen.mn.us). No other holiday or event can compare to the spectacle of explosions in the sky and the best birthday parry around. The Chanhassen 4th of July celebration is celebrating its 30th year of honoring the formation of our nation. It's small town living at itsfinest," says recreation supervisor Mitch Johnson. What started asa simple celebrationat Lake Ann has grown into a three -day festival that attracts up to 8,000 people per day. Expect live music, a carnival, a parade and much more —this event gets bigger every year. Join in the fun starting July 2. —.im Runners up: Victoria's Volksfest, Waconia's NickleDickle Day C1 SECT PIZZA Detello's Pizza & Pasta They've been making the slightly sweet tomato sauce at Detello's Pizza & Pasta from the same recipe for the past 26 years, and its the key to what makes thepizza so special, says Charlie McNellis, Eden Prairie manager. Workers at the shops — there's the old stand -by in Eden Prairie (6207 Dell Rd.; 952.934.0333; detellospizza.us) and a new spot in Chaska (2914 ChestnutSt.; 952.856.2082) —also prepare all of.the ingredients in store, from shredding the cheese to slicing the vegetables and meats. Looking for a perfect slice? Try the House Special — topped with sausage, pepperoni, mushrooms, onions, green peppers and black olives. —LP - Runners up: Punch Neapolitan Pizza, Gina Maria's Pizza BEST PLACE TO WORN PROP Shop What's fun about the PROP Shop is that) we are a non -profit servinglocal families in need; says operations manager Vicki Bomben. For six years this re -sale shop (15195 Martin Drive, Eden Prairie; 952.934.2323; propshopep.org) has been providing clothing, furniture, and other household goods to Eden Prairie families who need a little extra help. All of the profits go right back to the community; more than 350volunteers are on board to help out and make a difference. A new 2,500 square foot addition is in the works to provide more space and privacy for the families, and more volunteer opportunities for these dedicated residents. —JM Runners up: Primrose School of Eden Prairie and Chanhassen,- Givan's Salon RECTCALON /SPA The Parlour Salon & Spa Tucked away on the second floor of a building in downtown Victoria, The Parlour Salon & Spa (7924 Victoria Drive #206, Victoria; 952.679.4805, theparlourgirls.com) is a little oasis of 22 JUNE 2013 BEST PLACE TO PAMPER YOUR PET The Canine Club & Spa TheCanine Club & Spa (2910 82ndSt., Chanhassen; 952.367.9663, thecanineclubandspa. com) offers the finest service for your furry companion. For four years the Canine Club has been providing the best in doggy daycare, boarding and grooming for petowners in the southwest metro. "Our facility was built specifically with dogs in mind," says manager McKayla Hatfield. "Dogs are like our babies." Yet don't let that discourage you from bringing in your cat as well. Their two -level cat condo is comfortably placed away from the doggie facilityto discourage any sort of classic feline /canine antagonism. Yourpets canplay and relax, and you won't have to worry about leaving them alone while you're gone. —JM Runners up: Adogo Pet Hotel, Top Dog Country Club pampering. "The serviceis ultimately what keeps people coming back," says MichelleLewin, co -owner of the salon. The frill service salon offers everything from haircuts and styling to facials and massage to eye lash extensions. While the staff is incrediblytalented and professional, the energy in the salon is laid -back and friendly with plentyof laughter floating through the air. —LP Runners up: Spalon Montage, Givan's Salon 0 BEST VETERINARIAN Chanhassen Veterinary Clinic Our pets have a way ofbringing joy to our lives and taking care of us. So when they get sick andneed our cue, they should be treated with the same love they give us. Chanhassen Veterinary Clinic (440 W. 79th St., Chanhassen; 952.934.8862; chanhassenvet.com) veterinarians Dennis Boileau, Deanne McCabe, Jodi Arndt and Deborah Newcomb make up the staff of dedicated animal doctors. A veterinarian for 32 years, Dr. Boileau says the most rewarding part of his job is "eliminating pain, and helping people take care of their pets." What more could a pet owner ask for? —JM Runners up: Victoria Veterinary Care, Anderson Lakes Animal Hospital BELT DENTIST Judson Heitner "Dr. Judd," Prairie Dental Group The Prairie Dental Group (6608 Flying Cloud Drive, Eden Prairie; 952.903.5000; prairiedentaLcom) has a staff of more than 30 members that has been encouraging patients to brush twice a day for more than 35 years, and our readers voted for Judson Heitner "Dr. Judd" as their favorite dentist. In additiontomaintaining molars, Prairie Dental holds fun events each year, like an annual Halloween candy buy -back. Kids can fight cavitiesandsugar overload by bringingin their leftover candy, and selling it to the dental staff. Runners up: Chanhassen Dental, Brad Dodds RECT CHIROPRACTOR ABC Family Chiropractic Becky Pauly opened ABC Family Chiropractic (1405 78th St., Victoria; 952.443.3710; abcfamilychiro.com) in May 2004 with the philosophy of treating all her patients like she would her family, and it's served her practice well. "We want people to feel likethey're taken care of, likethey're ourfamily," Pauly says. The practice offers nutrition counseling, massage, pain management, weight loss coaching and on -sitecorporate wellness programs. —LP Runners up: Floro Chiropractic, Live Well Chiropractic Spa & Wellness Center experienced sales & 24/; JUNE 2013 RECT CMALL BUSINESSCUSTOMER SERVICE Curves Chanhassen Melissa Olson bought the Chanhassen Curves (406 W. 78th St., Chanhassen; 952.9377602, curves.com) on a whim when she was 23 years old, and in the past 4 years, she's grown theclub membership from 100 to 350. Even more impressively, Olson knows the names of every single one of her members, who range in age from 19 to 92. " make sure I know who they are and make them feel welcome," Olson says. "They're not just money to me:' Olson says empathy is the key to her customer,service. "It's understanding where people are, and trying to work with them to figure out where they want to be;' she says. —LP - Runners up: The Parlour Salon & Spa, Given's Salon BEST RECUR Primrose School of Eden Prairie and Chanhassen The importance of getting a solid education begins early. A great learning environment at the preschoollevel can jumpstart your child's creativity and desire to learn at an early age, and will help them achieve in school. Tara Arguijo, director of schools for the Primrose School, explains that Primrose School of Eden Prairie and Chanhassen (7800 Eden Prairie Road, Eden Prairie; 952.944.6025; 8950 Crossroads Blvd., Chanhassen; 952.934.2590; primroseschools.com) offers the best early educational experience for your child. "The curriculum, teachers with four -year degrees, and healthy fresh food;' according toArguijo, are just some of the things that setPrimrose School a little ahead of the curve. —m Runners up: Goddard School, Especially for Children RECT YOGA CorePower Yoga is an individual practice of the body and mind. Choosing a "bestyoga studio' requires attentionto the inner -self, and our readers decided that CorePower Yoga in Eden Prairie (7739 Flying Cloud Drive, Eden Prairie; 952.906.8918; corepoweryoga. com) has the right environment and instructors to calm the mind. When asked what makes CorePower different, manager and director of teacher training Amanda Ford says: "It's our ability to reallypersonally connect with all of our students.' CorePower is offering new teacher training opportunities for 2013, as well as their regularVinyasa, Yoga Sculpt, and Hot Yoga classes. — M Runners up: Life Time Fitness, Yoga Bella BEST PEDIATRICIA Southdale Pediatrics We have great - quality doctors and providers: says Dr. Vicki Oster, a doctor with Southdale Pediatrics in Eden Prairie (18315 Cascade Dc #170, Eden Prairie; southdalepeds.com). Parents can also appreciate that the practice, which has had an Eden Prairie location since 1992, has extendedhours on Monday evenings and Saturday mornings for those times when illness strikes inconveniently. The practice also has a lactation consultant on staff, as well as an allergy department, which sees both children and adults. —LP Runners up: All About Children Pediatrics, South Lake Pediatrics REST PLACE FOR LIVE MUSIC Floyd's Bar Floyd's Bar (1758 Arboretum Blvd., Victoria; 952.443.9944; floydsbar. com) offers "a mix of music to feed all tastes," says manager Karen Clark. In the summer, Floyd's offers live music every night of the week on the patio, weather permitting, and throughout the year, regulars can count on live music in the bar on Fridays and Saturdays. Local musician Tom Bright is responsible for booking the bands, and on any given night music lovers might find anythingfrom roots and bluegrass, rhythm and blues, rock and roll, country, reggae and even zydeco. —LP Runners up: The School II, Santorini Taverna // For a complete list of winners go to southwestmetromag.com. SOUTHWESTM ETRO MAG.COM 25 i MY OF 7700 MarketBoulevard PC Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 BuildingInspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 CoulterBoulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 7901ParkPlace Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us MEMORANDUM TO: Mayor City Council FROM: GregSticha, Finance Director( , DATE: May 31, 2013 0rJ SUBJECT: Review of Claims Paid The following claims are submitted for review on June 10, 2013: Check Numbers Amounts 155408 - 155490 $106,366.67 ACH Payments 78,587.55 May Visa charges 14,914.23 Total All Claims 199,868.45 Attachments: CheckSummary Check Detail Report Chanhassen is a Communityfor Life - Providing for Today and Planning forTomorrow Accounts Payable Checks by Date - Summary by Check Number User: dwashburn Printed: 5/31/2013 8:28AM Check No Vendor No Vendor Name Check Date Void Checks Check Amount 155408 AFLAC American Family Life Assurance Company 05/23/2013 0.00 39.78 155409 ArrEnv Arrowhead EnvironmentalConsulting 05/23/2013 0.00 850.00 155410 AsplPam PamAsplin 05/23/2013 0.00 35.00 155411 BCATRA BCA TRAINING & DEVELOPMENT 05/23/2013 0.00 60.00 155412 UB *00533 JOHN BEAUCHAMP 05/23/2013 0.00 8.96 155413 BSNSpo BSN Sports, Inc. 05/23/2013 0.00 48.06 155414 UB *00532 BURNETT TITLE 05/23/2013 0.00 9.47 155415 CARLIC CARVER COUNTY LICENSE CENTER 05/23/2013 0.00 1,484.81 155416 ChrPAx Christian P Axel Landscapes 05/23/2013 0.00 250.00 155417 Minuet City of Minnetonka 05/23/2013 0.00 20.20 155418 DUNSCARC CAROL DUNSMORE 05/23/2013 0.00 21.43 155419 EARHOL EARLHOLASEK & SON GREENHOUSE 05/23/2013 0.00 147.27 155420 ECOLAB ECOLAB 05/23/2013 0.00 76.10 155421 UB *00534 EDINA REALTY TITLE 05/23/2013 0.00 73.05 155422 UB *00529 EXCELSIOR TITLELLC 05/23/2013 0.00 61.70 155423 FIRLAB FIRSTLAB 05/23/2013 0.00 39.95 155424 FraAnn Annette Fragale 05/23/2013 0.00 372.00 155425 UB *00536 HOME TITLE INC 05/23/2013 0.00 71.12 155426 ICMA ICMA 05/23/2013 0.00 1,104.00 155427 UB *00528 LAND TITLE INC 05/23/2013 0.00 195.86 155428 lenzstev Steve Lenz 05/23/2013 0.00 27.12 155429 UB *00530 LIBERTY TITLE 05/23/2013 0.00 132.25 155430 MNIAAI MN CHAPTER IAAI 05/23/2013 0.00 80.00 155431 MCMA MN CITY COUNTY MGMT ASSOC. 05/23/2013 0.00 296.23 155432 OlseChad Chad Olsen 05/23/2013 0.00 18.37 155433 UB *00531 BLAYNE PUKLICH 05/23/2013 0.00 20.66 155434 RicUSA Ricoh USA, Inc. 05/23/2013 0.00 522.64 155435 RIDMED RIDGEVIEW MEDICAL CENTER 05/23/2013 0.00 100.00 155436 RUEGJERR JERRY RUEGEMER 05/23/2013 0.00 125.00 155437 rylhom Ryland Homes 05/23/2013 0.00 6,750.00 155438 SEH SEH 05/23/2013 0.00 6,015.35 155439 UB *00535 SIENA TITLE 05/23/2013 0.00 70.62 155440 StCro St Croix TreeService, Inc. 05/23/2013 0.00 577.13 155441 STREIC STREICHERS 05/23/2013 0.00 213.68 155442 UB *00526 THE PEMTOM LAND CO 05/23/2013 0.00 9.30 155443 UB *00527 TITLE SMART INC 05/23/2013 0.00 11.85 155444 TrucJudi Judith Bernadette True 05/23/2013 0.00 374.40 155445 WaIIJaim Jaime Wallis 05/23/2013 0.00 45.00 155446 WOLFJOHN JOHN WOLFF 05/23/2013 0.00 95.00 155447 AZREN A TO Z RENTAL CENTER 05/30/2013 0.00 1,134.48 155448 AtwoJodi Jodi Atwood 05/30/2013 0.00 5.93 155449 AUTUNL AUTOMOTIVE UNLIMITED 05/30/2013 0.00 38.00 155450 Avesis Avesis Third Party Administrators, Inc. 05/30/2013 0.00 113.36 155451 BCATRA BCA TRAINING & DEVELOPMENT 05/30/2013 0.00 60.00 155452 BERCOF BERRY COFFEE COMPANY 05/30/2013 0.00 464.35 155453 BONPLU BONFES PLUMBING & HEATING 05/30/2013 0.00 6.04 155454 CarlHeid Heidi Carlson 05/30/2013 0.00 25.00 AP Checks by Date - Summary by Check Number (5/31/2013 8:28 AM) Page 1 Check No Vendor No Vendor Name Check Date Void Checks Check Amount 155455 CatOf Cathedral of St Joseph - 05/30/2013 0.00 60.00 155456 EmbMinn CENTURYLINK 05/30/2013 0.00 1,845.00 155457 ColLif Colonial Life & Accident Insurance Co 05/30/2013 0.00 135.52 155458 CONPLA Consolidated Plastics Company 05/30/2013 0.00 218.34 155459 DIAVOG DIAMOND VOGEL PAINTS 05/30/2013 0.00 3,630.65 155460 Dynlnd Dynotec Industries, Inc. 05/30/2013 0.00 1,710.00 155461 EncSen Encore SeniorHome Care LLC 05/30/2013 0.00 12,500.00 155462 FACMOT FACTORY MOTOR PARTS COMPANY 05/30/2013 0.00 238.88 155463 FESSOU FESTIVAL SOUND AND LIGHTING 05/30/2013 0.00 1,000.00 155464 GSDIR GS DIRECTINC 05/30/2013 0.00 11177 155465 HDsup HD SupplyWaterworks, LTD 05/30/2013 0.00 149.82 155466 HokkLaur Laurie A. Hokkanen 05/30/2013 0.00 80.00 155467 ICMA ICMA 05/30/2013 0.00 590.82 155468 Instru Instrumart 05/30/2013 0.00 1,152.00 155469 JOHSUP JOHNSTONE SUPPLY 05/30/2013 0.00 19.46 155470 KATFUE KATH FUEL OIL SERVICE 05/30/2013 0.00 26,864.52 155471 KIMHOR KIMLEY HORN AND ASSOCIATES INC 05/30/2013 0.00 11,903.79 155472 LANEQI Lane Equipment 05/30/2013 0.00 446.61 155473 LawPro Lawson Products, Inc. 05/30/2013 0.00 67.22 155474 LeviKreg Kreg Levine 05/30/2013 0.00 750.00 155475 MEDIAC MEDIACOM 05/30/2013 0.00 11.77 155476 METCO2 METROPOLITANCOUNCIL 05/30/2013 0.00 325.00 155477 MNWAN MINNESOTA WANNERCOMPANY 05/30/2013 0.00 115.70 155478 MNCHIL MN CHILD SUPPORT PAYMENT CTR 05/30/2013 0.00 682.04 155479 MNHEAL MN DEPT OF HEALTH 05/30/2013 0.00 12,300.00 155480PARTS PARTS ASSOCIATES INC 05/30/2013 0.00 8433 155481 POST POSTMASTER 05/30/2013 0.00 635.21 155482 ProTec Pro -Tec Design, Inc. 05/30/2013 0.00 2,355.88 155483 SioHer Siouxland HeritageMuseums 05/30/2013 0.00 75.00 155484 THEACT THE ACTIVE NETWORK, INC. 05/30/2013 0.00 623.08 155485 UniAth Universal Athletic Services, Inc. 05/30/2013 0.00 341.58 155486 VERIZO VERIZON WIRELESS 05/30/2013 0.00 72.99 155487 WACFAR WACONIA FARM SUPPLY 05/30/2013 0.00 29.07 155488 Wondra David L. & Roselee W. Wondra 05/30/2013 0.00 2,190.00 155489 ZEPMAN ZEP MANUFACTURING COMPANY 05/30/2013 0.00 487.99 155490 post POSTMASTER 05/31/2013 0.00 260.11 Report Total (83 checks): 0.00 106,366.67 AP Checks by Date - Summary by Check Number (5/31/2013 8:28 AM) Page 2 Accounts Payable Checks by Date - Summary by Check User: dwashburn Printed: 5/31/2013 8:28 AM Check No Vendor No ACH BATPLU ACH CAMKNU ACH Choice ACH FergEnte ACH GiveSeth ACH HooThr ACH InnOff ACH MERACE ACH PARCON ACH PJPro ACH SPRPCS ACH SPSCOM ACHSunLif ACHWMMUE ACH XCEL ACH ZIEGLE ACH BluCro ACH BOYTRU ACH careen ACHHANTHO ACH HenMan ACH HJEIe ACH IMPPOR ACH INDLAN ACH IndPla ACH IntLoss ACH LANZBOB ACH METFOR ACH MOSBAR ACH napa ACH PRALAW ACH PRTURF ACH Southwes ACH SUBCHE ACHUSABLU ACH xcel Vendor Name BATTERIES PLUS CAMPBELL KNUTSON Choice, Inc. Ferguson Enterprises #2516 Cavalier Productions LLC Hoops & Threads Innovative Office Solutions, LLC MERLINS ACE HARDWARE PARROTT CONTRACTINGINC P & J Promotions SPRINT PCs SPS COMPANIES INC Sun Life Financial WM MUELLER & SONS INC XCEL ENERGY INC ZIEGLER INC BCBSM, Inc. Boyer Truck Parts Carver County HANSEN THORP PELLINEN OLSON Henke Manufacturing Corporation H & J Electric, LLC IMPERIAL PORTA PALACE Indoor Landscapes Inc Indelco Plastics Corporation Integrated Loss Control, Inc. BOB LANZI METROPOLITAN FORD MOSS & BARNETT NAPAAUTO & TRUCK PARTS PRAIRIE LAWN & GARDEN PRO TURF Southwest Metro Chamber of Commerce SUBURBAN CHEVROLET USA BLUE BOOK XCEL ENERGYINC CheckDate 05/23/2013 05/23/2013 05/23/2013 05/23/2013 05/23/2013 05/23/2013 05/23/2013 05/23/2013 05/23/2013 05/23/2013 05/23/2013 05/23/2013 05/23/2013 05/23/2013 05/23/2013 05/23/2013 05/30/2013 05/30/2013 05/30/2013 05/30/2013 05/30/2013 05/30/2013 05/30/2013 05/30/2013 05/30/2013 05/30/2013 05/30/2013 05/30/2013 05/30/2013 05/30/2013 05/30/2013 05/30/2013 05/30/2013 05/30/2013 05/30/2013 05/30/2013 Report Total: t Check Amount 20.25 14,216.60 191.22 257.30 900.00 65.00 59.21 493.29 11,627.12 2,415.20 202.95 212.86 1,529.58 754.07 252.95 5,140.69 150.00 189.78 329.40 1,620.00 160.18 632.70 261.84 399.72 90.50 780.00 138.00 328.92 498.00 355.63 218.33 1,911.01 75.00 114.69 194.66 31,800.90 78,587.55 Accounts Payable Check Detail- Checks User: dwashburn Printed: 05/31/2013 - 8:32 AM 1:M Name Check D Account Description Amount A TO Z RENTAL CENTER 5/30/2013 101 -1600 -413 Chairrental 1,134.48 5/30/2013 1,134.48 A TO Z RENTAL CENTER American Family Life Assurance Company of ColumE 5/23/2013 101- 0000 -200 May 2013 5/23/2013 American Family Life Assurance Company of ColumE Arrowhead EnvironmentalConsulting Arrowhead Environmental Consulting Asplin Pam Asplin Pam Atwood Jodi Atwood Jodi Atwood Jodi AUTOMOTIVE UNLIMITED 5123/2013 410 - 0000430 Wetland delineation & report 5/23/2013 5/23/2013 101- 1535 -363 Refund Dance Costume 5/23/2013 5/30/2013 700 - 0000 -202 Refund Util Acct 96 OlympicCircle 5/30/2013 701 - 0000 -202 Refund Util Acct 96 Olympic Circle 5/30/2013 5/30/2013 101 - 1260 -414 Align front end -set toe rear camber 5/30/2013 1,134.48 39.78 39.78 39.78 850.00 850.00 850.00 35.00 35.00 35.00 2.04 3.89 5.93 5.93 38.00 38.00 AUTOMOTIVE UNLIMITED 38.00 Avesis Third Party Administrators, Inc. 5/30/2013 101 - 0000 -200 Jane 2013 110.66 Avesis Third Party Administrators, Inc. 5/30/2013 700 - 0000 -200 June2013 1.35 Avesis Third Party Administrators, Inc. 5/30/2013 701- 0000 -200 Jane2013 1.35 Accounts Payable - Check Detail- Checks (05/31/2013 - 8:32 AM) PageI of 12 Name Check D Account Description Amount BEAUCHAMP JOHN 5/23/2013 701- 0000 -202 RefundCheck 2.54 BEAUCHAMP JOHN 5/30/2013 720- 0000 -202 RefundCheck 113.36 Avesis Third Party Administrators, Inc. 5/23/2013 700 -0000 -202 Refund Check 113.36 BCA TRAINING & DEVELOPMENT 5/23/2013 101 - 1120 -430 4) backgroundinvestigations 60.00 5/23/2013 60.00 BCA TRAINING & DEVELOPMENT 5/30/2013 101 - 1120 -430 4) Backgroundinvestigations 60.00 5/30/2013 60.00 BCA TRAINING & DEVELOPMENT 120.00 BEAUCHAMP JOHN 5/23/2013 700 - 0000 -202 Refund Check 3.23 BEAUCHAMP JOHN 5/23/2013 701- 0000 -202 RefundCheck 2.54 BEAUCHAMP JOHN 5/23/2013 720- 0000 -202 RefundCheck 2.63 BEAUCHAMP JOHN 5/23/2013 700 -0000 -202 Refund Check 0.56 5/23/2013 8.96 BEAUCHAMPSOHN 8.96 BERRY COFFEE COMPANY 5/30/2013 101 - 1170 -411, Coffee Supplies 55.80 BERRY COFFEE COMPANY 5/30/2013 101 - 1170 -411, CoffeeSupplies 408.55 5/30/2013 464.35 BERRY COFFEE COMPANY 464.35 BONFES PLUMBING & HEATING 5/30/2013 101 -0000 -203 Refund 2168Stone Creek Dr (13- 01239) 6.04 5/30/2013 6.04 BONFES PLUMBING & HEATING 6.04 BSN Sports, Inc. 5/23/2013 101 - 1805 -412 Macgregor Streak Helmet 48.06 5/23/2013 48.06 BSN Sports, Inc. 48.06 BURNETT TITLE 5/23/2013 700 - 0000 -202 Refund Check 3.40 BURNETT TITLE 5/23/2013 701- 0000 -202 Refund Check 4.68 BURNETT TITLE 5/23/2013 720- 0000 -202 Refund Check 1,14 BURNETT TITLE 5/23/2013 700- 0000 -202 Refund Check 0.25 5/23/2013 9.47 Accounts Payable - Check Detail- Checks (05/31/2013 - 8:32 AM) Page 2 of 12 Name Check D Account Description Amount BURNETT TITLE 9.47 Carlson Heidi 5/30/2013 720 - 7202 -432 Refund Garden Plot (1) 25.00 5/30/2013 25.00 Carlson Heidi 25.00 CARVER COUNTY LICENSECENTER 5/23/2013 400 - 4120 -470 Lie/Reg IGCOKVCG402360227 1,484.81 5/23/2013 1,484.81 CARVER COUNTY LICENSE CENTER 1,484.81 Cathedral of St Joseph 5/30/2013 101- 1560 -430 Fee/Donation for guided tour 06/05/13 60.00 5/30/2013 60.00 Cathedral of St Joseph 60.00 CENTURYLINK 5130/2013 101- 1170431 May 2013 884,08 CENTURYLINK 5/30/2013 101 - 1190431May 2013 3.52 CENTURYLINK 5/30/2013 700 - 0000 -431 May 2013 6,80 CENTURYLINK 5/30/2013 701- 0000 -431 May 2013 6,79 CENTURYLINK 5/30/2013 101- 1540 -431 May 2013 98.40 CENTURYLINK 5/30/2013 101- 1550 -431 May 2013 32.11 CENTURYLINK 5/30/2013 101 - 1350 -431 May 2013 30,04 CENTURYLINK 5/30/2013 101 - 1220.431 May 2013 35.32 CENTURYLWK 5/30/2013 101- 1370431 May 2013 54.38 CENTURYLINK 5/30/2013 101- 1160 -432 May 2013 133.36 CENTURYLINK 5/30/2013 101 - 1190 -431 May 2013 128.96 CENTURYLINK 5/30/2013700 - 0000431 May 2013 34.41 CENTURYLINK 5/30/2013 701- 0000431 May 2013 34.41 CENTURYLINK 5/30/2013 700- 0000 -431 May 2013 16.17 CENTURYLINK 5/30/2013 700 - 7019431 May 2013 210,28 CENTURYLINK 5/30/2013 701 - 0000 -431 May 2013 16.16 CENTURYLINK 5/30/2013 101 - 1160432 May 2013 264.49 5/30/2013 1,845.00 CENTURYLINK 1,845.00 Christian P Axel Landscapes 5/23/2013 815- 8202 -202 Erosion 1674 Hemlock Way 250.00 5/23/2013 250.00 Christian PAxel Landscapes 250.00 City of Minnetonka 5/23/2013 101 - 1560 -437 S. Bill 06/20/13 Event 20,20 Accounts Payable - Check Detail- Checks (05/31/2013 - 8:32 AM) Page3 of 12 Name Check D Account Description Amount 101- 0000 -200 May 2013 114.58 Colonial Life & Accident Insurance 5/23/2013 5/30/2013 20.20 City of Minnetonka 20.20 Colonial Life & Accident Insurance Co 5/30/2013 101- 0000 -200 May 2013 114.58 Colonial Life & Accident Insurance Co 5/30/2013 210- 0000 -200 May 2013 13.10 Colonial Life & Accident Insurance Co 5/30/2013 700 - 0000 -200 May 2013 3.92 Colonial Life & Accident Insurance Co 5/30/2013 701 - 0000 -200 May 2013 3.92 5/30/2013 135.52 Colonial Life & Accident Insurance Co 135.52 Consolidated Plastics Company 5/30/2013 101- 1250 -413 13x18 minigrip bag 4 mil 218.34 5/30/2013 218.34 Consolidated Plastics Company 218.34 DIAMOND VOGEL PAINTS 5/30/2013 101 - 1320 -454 White/Yellow traffic high solids 3,630.65 5/3012013 3,630.65 DIAMOND VOGEL PAINTS 3,630.65 DUNSMORE CAROL 5/23/2013 101- 1250 -413 Reimb Fork/Paper plates 21.43 5/23/2013 21.43 DUNSMORE CAROL 21,43 Dynotec Industries, Inc. 5/30/2013 701 - 0000 -414 Reman w/Heavy Duty Converter 1,710.00 5/30/2013 1,710.00 Dynotec Industries, Inc. 1,710.00 EARLHOLASEK & SON GREENHOUSES 5/2312013 720- 7202A30 Plants (CityHall Planters) 98,86 EARL HOLASEK & SON GREENHOUSES 5/23/2013 720 - 7202 -430 Plants (Sr Ctr Planter) 48.41 5/23/2013 14727 EARL HOLASEK & SON GREENHOUSES 147,27 ECOLAB 5/23/2013 101 -1430 -430 Solidpowerxl 76.10 5/23/2013 76.10 Accounts Payable - Check Detail- Checks (05/31/2013 - 8:32 AM) Page 4 of 12 Name Check D Account Description Amount ECOLAB 76.10 EDINA REALTY TITLE 5/23/2013 701- 0000 -202 RefundCheck 4228 EDINA REALTY TITLE 5/23/2013 720 - 0000 -202 Refund Check 6.30 EDINA REALTY TITLE 5/23/2013 700 - 0000 -202 Refund Check 134 EDINA REALTY TITLE 5/23/2013 700 - 0000 -202 Refund Check 23.13 5/23/2013 73.05 EDINA REALTY TITLE 73.05 EncoreSenior Home Care LLC 5/30/2013 410 - 4000 -330 Refund Park Dedication Fee 12,500.00 5/30/2013 12,500.00 Encore Senior Home Care LLC 12,500.00 EXCELSIOR TITLE LLC 5/23/2013 700 -0000 -202 Refund Check 18.33 EXCELSIOR TITLE LLC 5/23/2013 701 - 0000 -202 Refund Check 37.30 EXCELSIOR TITLE LLC 5/23/2013 720 -0000 -202 Refund Check 5.01 EXCELSIOR TITLE LLC 5/23/2013 700 -0000 -202 Refund Check 1.06 5/23/2013 61,70 EXCELSIOR TITLE LLC 61.70 FACTORY MOTOR PARTS COMPANY 5/30/2013 101- 1220 -414 Battery core/Pro Batt 238,88 5/30/2013 238.88 FACTORY MOTOR PARTS COMPANY 238.88 FESTIVAL SOUND AND LIGHTING 5/30/2013 101 - 1600 -430 Production services w /operator 1,000.00 5/30/2013 1,000.00 FESTIVAL SOUND ANDLIGHTING 1,000.00 FIRSTLAB 5/23/2013 101- 1370 -430 DOT Drug Screen Post Accident 39.95 5/23/2013 39.95 FIRSTLAB 39.95 Fragale Annette 5/23/2013 101- 1539 -430 Line dancing program (Spring) 372.00 5/23/2013 372.00 Fmgale Annette 372.00 Accounts Payable - Check Detail- Checks (05/31/2013 - 8:32 AM) Page 5 of 12 Name Check D Account Description Amount GS DIRECTINC 5/30/2013 101 - 1170 -411, Carrier strips transparent 113.77 HOME TITLE INC 5/30/2013 720 - 0000 -202 Refund Check 113.77 GS DIRECT INC 5/23/2013 700 - 0000 -202 Refund Check 113.77 HD Supply Waterworks, LTD 5/30/2013700 - 0000455 Union 3PT CTSXCTS, Utility Insulation 149.82 ICMA 5/30/2013 149.82 HD Supply Waterworks, LTD 5/30/2013 700 - 0000 -453 Dmck PTX Depth Level Pressure Sensor (Cable) 149.82 Hokkanen Laurie A. 5/30/2013 101 -1260 -412 Reimburse live traps 30.00 Hokkanen Laurie A. 5/30/2013 101- 1170 -412 Reimburse portable AC unit 50.00 JOHNSTONE SUPPLY 5/30/2013 101 - 1170 -453 Contactor 80.00 Hokkanen Laurie A. 80.00 HOME TITLE INC 5/23/2013 700 - 0000 -202 Refund Check 23.53 HOME TITLE INC 5/23/2013 701- 0000 -202 Refund Check 29.72 HOME TITLE INC 5/23/2013 720 - 0000 -202 Refund Check 14,73 HOME TITLE INC 5/23/2013 700 - 0000 -202 Refund Check 3,14 5/23/2013 71.12 HOME TITLE INC 71.12 ICMA 5/23/2013 101- 1120 -436 T. Gerhardt Membership Dues 1,104.00 5/23/2013 1,104.00 ICMA 5/30/2013 101 - 1120 -437 L. Hokkanen Membership 590.82 5/30/2013 590.82 ICMA 1,694.82 Instrumart 5/30/2013 700 - 0000 -453 Dmck PTX Depth Level Pressure Sensor (Cable) 1,152.00 5/30/2013 1,152.00 Instrumart 1,152.00 JOHNSTONE SUPPLY 5/30/2013 101 - 1170 -453 Contactor 19,46 5/30/2013 19.46 JOHNSTONESUPPLY 19.46 BATH FUEL OIL SERVICE 5/30/2013 101 - 1370 -417 Unleaded 87 ETH 10, Ultra Low #2 Dyed B5 26,864.52 Accounts Payable - Check Detail- Checks (05/31/2013 - 8:32 AM) Page 6 of 12 Name Check D Account Description Amount 62,77 5/30/2013 5/23/2013 26,864.52 KATH FUEL OIL SERVICE 115.87 LAND TITLE INC 26,864,52 KIMLEY HORN AND ASSOCIATES INC 5/30/2013 400 - 0000 -115 TH5 /Galpin Blvd: Chan Apts 9,712.24 KIMLEY HORN AND ASSOCIATES INC 5/30/2013 400 - 0000 -115 TH5 /Galpin Blvd: Chan Apts 2,191.55 5/30/2013 11,903.79 KIMLEY HORN AND ASSOCIATES INC 11,903.79 LAND TITLE INC 5/23/2013 700 - 0000 -202 Refund Check 62,77 LAND TITLE INC 5/23/2013 701- 0000 -202 Refund Check 115.87 LAND TITLE INC 5/23/2013 720 - 0000 -202 Refund Check 14.20 LAND TITLE INC 5/23/2013 700 - 0000 -202 Refund Check 3,02 5/23/2013 195.86 LANDTITLE INC 195.86 Lano Equipment 5/30/2013 101- 1320 -412 SOL- 10x16.5 Rim, Sever duty tire, Tire Valve 446.61 Lano Equipment 5/30/2013 101- 1320 -412 Returned 700 Float, HD 10x16.510 PLY 1,389.38 Lano Equipment 5/30/2013 101 - 1320 -412 700 Float, HD 10x16.5 10 PLY 1,389.38 5/30/2013 446.61 LanoEquipment 446.61 Lawson Products, Inc. 5/30/2013 700- 0000 -412 Aerosol Anti -Rust, Coating on -guard 22.40 Lawson Products, Inc. 5/30/2013 101 - 1550412 Aerosol Anti -Rust, Coating on -gaard 22.41 Lawson Products, Inc. 5/30/2013 101 -1320 -412 Aerosol Anti -Rust, Coating on -guard 22.41 5/30/2013 67,22 Lawson Products, Inc. 67.22 Lenz Steve 5/23/2013 101- 13101338 Reimb Mileage to Traffic Counter Training C lass 27.12 5/23/2013 27,12 Lenz Steve 27.12 Levine Kreg 5/30/2013 815- 8201 -202 1850 Lk Lucy Rd:Landscape 750.00 5/30/2013 750.00 Levine Kreg 750.00 LIBERTY TITLE 5/23/2013 701- 0000 -202 Refund Check 80.62 Accounts Payable - Check Detail- Checks (05/31/2013 - 8:32 AM) Page 7 of 12 Name Check D Account Description Amount LIBERTY TITLE 5/23/2013 720 - 0000 -202 Refund Check 4.03 LIBERTY TITLE 5/23/2013 700- 0000 -202 Refund Check 2.23 LIBERTYTITLE 5/23/2013 700 - 0000 -202 Refund Check 45.37 5/23/2013 132.25 LIBERTY TITLE 132.25 MEDIACOM 5/30/2013 210 - 0000 -430 Cable Services 11.77 MN CITY COUNTY MGMT ASSOC. 5/30/2013 101- 1120 -436 L. Hokkanen Membership Dues 11.77 MEDIACOM 5/23/2013 11.77 METROPOLITAN COUNCIL 5/30/2013 700- 0000 -450 Permit Fee 325.00 MN DEPT OF HEALTH 5/30/2013 700 - 0000450 04/01/13- 06/30/13 Commuity Water Supply Srvc Connection Fe 325.00 METROPOLITANCOUNCIL 325.00 MINNESOTA WANNERCOMPANY 5/30/2013 101 -1550 -453 3/4" strainer, NYB Body Sub Assembly, GHT Male 115.70 5/3012013 115.70 MINNESOTA WANNER COMPANY 115.70 MN CHAPTER L4AI 5/23/2013 101 - 1220437 M. Littfm HazwoperRegistration 80.00 5/23/2013 80.00 MN CHAPTER IAAI 80.00 MN CHILD SUPPORT PAYMENT CTR 5/30/2013 700- 0000 -200 05/31/2013 ID # 001472166101 314.36 MN CHILD SUPPORT PAYMENT CTR 5/30/2013 701 - 0000 -200 05/31/2013 ID # 001472166101 139.72 MNCHILD SUPPORT PAYMENT CTR 5/30/2013 701 - 0000 -200 05/31/2013 ID # 001520040501 17.40 MN CHILD SUPPORT PAYMENT CTR 5/30/2013 700 - 0000 -200 05/31/2013 ID # 001520040501 210.56 5/30/2013 682.04 MN CHILD SUPPORT PAYMENT CTR 682.04 MN CITY COUNTY MGMT ASSOC. 5/23/2013 101 - 1120436 TGerhardt Membership 166.23 MN CITY COUNTY MGMT ASSOC. 5/23/2013 101- 1120 -436 L. Hokkanen Membership Dues 130.00 5/23/2013 296.23 MN CITY COUNTY MGMT ASSOC. 296.23 MN DEPT OF HEALTH 5/30/2013 700 - 0000450 04/01/13- 06/30/13 Commuity Water Supply Srvc Connection Fe 12,300.00 Accounts Payable - Check Detail- Checks (05131/2013 - 832 AM) Page 8 of 12 Name Check D Account Description Amount Pro -Tec Design, Inc. 5/30/2013 700 -7019 -453 Progress invoice 12,300.00 MN DEPT OF HEALTH 5/30/2013 12,300.00 Olsen Chad 5/23/2013 101- 1220 -413 Refund: batteries 18.37 PUKLICHBLAYNE 5/23/2013 700 - 0000 -202 Refund Check 18,37 Olsen Chad 5/23/2013 701- 0000 -202 Refund Check 18.37 PARTS ASSOCIATES INC 5/30/2013 101 - 1320412 Paints /Assortments 84,33 PUKLICHBLAYNE 5/30/2013 84.33 PARTS ASSOCIATES INC 5/23/2013 101 - 1310 -453 Contract 2886430 84.33 POSTMASTER 5/30/2013 700 - 0000 -433 Permit 14 - UB Mailing 176.01 POSTMASTER 5/30/2013 701 - 0000 -433 Permit 14 - UB Mailing 176.02 POSTMASTER 5130/2013700 - 0000 -433 Permit 14 - UB Mailing 141.59 POSTMASTER 5/30/2013 701 - 0000433 Permit 14 - UB Mailing 141.59 5/30/2013 Page 9 of 12 635.21 POSTMASTER 5/31/2013 101- 1120 -433 Sr Connection postage 260.11 5/31/2013 260.11 POSTMASTER 895.32 Pro -Tec Design, Inc. 5/30/2013 700 -7019 -453 Progress invoice 2,355.88 5/30/2013 2,355.88 Pro -Tec Design, Inc. 2,355.88 PUKLICHBLAYNE 5/23/2013 700 - 0000 -202 Refund Check 1128 PUKLICH BLAYNE 5/23/2013 701- 0000 -202 Refund Check 938 5/23/2013 20.66 PUKLICHBLAYNE 20.66 Ricoh USA, Inc. 5/23/2013 101 - 1310 -453 Contract 2886430 522.64 5/23/2013 522.64 Ricoh USA, Inc. 522.64 RIDGEVIEW MEDICAL CENTER 5/23/2013 101- 1260 -437 Training Center Fee - 2 years (M.j) 100.00 Accounts Payable - Check Detail- Checks (05/31/2013 - 8:32 AM) Page 9 of 12 Name Check D Account Description Amount 1690 Mayapple Pass:Erosion 5/23/2013 100.00 RIDGEVIEW MEDICAL CENTER 5/23/2013 100.00 RUEGEMER JERRY 5/23/2013 101- 0000 -102 Lk Ann Concession start up money 125.00 Ryland Homes 5/23/2013 125.00 RUEGEMER JERRY 125.00 Ryland Homes 5/23/2013 815- 8202 -2021690 Mayapple Pass:Erosion 1,500.00 17.86 Ryland Homes 5/23/2013 815- 8202 -2021720 Mayapple Pass:Erosion 1,500.00 28.16 Ryland Homes 5/23/2013 815- 8201 -2021720 Mayapple Pass:Landscape 750.00 22.09 Ryland Homes 5/23/2013 815- 8201 -2021690 Mayapple Pass:Landscape 750.00 2.51 Ryland Homes 5/23/2013 815- 8201 -2021680 Mayapple Pass:Landscape 750.00 577.13 Ryland Homes 5/23/2013 815- 8202 -2021680 Mayapple Pass:Erosion 1,500.00 STREICHER'S 5/23/2013 6,750.00 Ryland Homes 6,750.00 SEH 5/23/2013 700 - 7025.430 Elevated Water Storage Tank 6,015.35 5/23/2013 6,015.35 SEH 6,015.35 SIENATITLE 5/23/2013 700 - 0000 -202 Refund Check 17.86 SIENA TITLE 5/23/2013 701- 0000 -202 Refund Check 28.16 SIENATITLE 5/23/2013 720 - 0000 -202 Refund Check 22.09 SIENA TITLE 5/23/2013 700 - 0000 -202 Refund Check 2.51 5/23/2013 70.62 SIENATITLE 70.62 Siouxland Heritage Museums 5/30/2013 101- 1560 -430 Sr Cn Tour Guide 75.00 5/30/2013 75.00 Siouxland Heritage Museums 75.00 St Croix TreeService, Inc. 5123/2013 720 - 0000 -430 Bandemere park along Hwy 101 577.13 5/23/2013 577.13 St Croix TreeService, Inc. 577.13 STREICHER'S 5/23/2013 101 - 1220424 Collar insignias, badges 213.68 Accounts Payable - Check Detail- Checks (05/31/2013 - 8:32 AM) Page 10 of 12 Name Check D Account Description Amount 3,27 TITLE SMART INC 5/23/2013 701- 0000 -202 Refund Check 5/23/2013 TITLE SMART INC 213.68 STREICHERS Refund Check 2,44 213.68 THE ACTIVE NETWORK, INC. 5/30/2013 400 - 4126 -470 Credit card reader with keypad (Rec Ctr) 623.08 5/30/2013 623.08 THE ACTIVE NETWORK, INC. 623.08 THE PEMTOM LAND CO 5/23/2013 720- 0000 -202 Refund Check 9.30 5/23/2013 9.30 THE PEMTOM LAND CO 9.30 TITLE SMART INC 5/23/2013 700- 0000 -202 Refund Check 3,27 TITLE SMART INC 5/23/2013 701- 0000 -202 Refund Check 5.34 TITLE SMART INC 5123/2013 720 - 0000 -202 Refund Check 2,44 TITLE SMART INC 5/23/2013 700- 0000 -202 Refund Check 0.80 5/23/2013 11.85 TITLE SMART INC 11.85 Truc Judith Bernadette 5/23/2013 101- 1560430 Mahjongg Instructor 374.40 5/23/2013 374.40 Truc Judith Bernadette 374.40 Universal Athletic Services, Inc. 5/30/2013 101 - 1600.413 Martin Volleyball Net 159.80 Universal Athletic Services, Inc. 5/30/2013 101 - 1600 -413 CR Martin Volleyball Net 159.80 Universal Athletic Services, Inc. 5/30/2013 101- 16001113 Martin Volleyball Net 170,79 Universal Athletic Services, Inc. 5/30/2013 101 - 1600413 Martin Volleyball Net 170.79 5/30/2013 341.58 Universal Athletic Services, Inc. 341.58 VERIZON WIRELESS 5/30/2013 101 - 1220 -431 May2013 40.01 VERIZON WIRELESS 5/30/2013 700 - 0000 -431 May 2013 16.49 VERIZON WIRELESS 5/30/2013 701 -0000 -431 May 2013 16.49 5/30/2013 72.99 VERIZON WIRELESS 72.99 WACONIA FARM SUPPLY 5/30/2013 101- 1550 412 Cable- Traction 17,37 Accounts Payable - Check Detail- Checks (05/31/2013 - 8:32 AM) Page 11 of 12 Name Check D Account Description Amount WACONIAFARM SUPPLY 5/30/2013 101 - 1550412 Kit 11.70 5/30/2013 29.07 WACONIA FARM SUPPLY 29.07 Wallis Jaime 5/23/2013 101- 1532 -363 refund Aerobic Steps 42.10 Wallis Jaime 5/23/2013 101- 0000 -202 refund Aerobic Steps 2.90 5/23/2013 45.00 Wallis Jaime 45.00 WOLFF JOHN 5/23/2013 101 - 1220 -437 Reimb Pima Lunch 95.00 5/23/2013 95.00 WOLFF JOHN 95.00 Wondra David L. & Roselee W. 5/30/2013 604- 0000 -430 Temporary Construction Easement 2,190.00 5/30/2013 2,190.00 Woralm David L. & Roselee W. 2,190.00 ZEP MANUFACTURING COMPANY 5/30/2013 101 - 1550412 Zep- O- Shine, Zep TNT 5 Gl 162.66 ZEP MANUFACTURING COMPANY 5/30/2013 101 - 1320412 Zep -O- Shine, Zep TNT 5 Gl 162.66 ZEP MANUFACTURING COMPANY 5/30/2013700 - 0000412 Zep -O- Shine, Zep TNT 5 GI 162.67 5/30/2013 487.99 ZEP MANUFACTURING COMPANY 487.99 106,366.67 Accounts Payable - Check Detail- Cbecks (05/31/2013 - 8:32 AM) Page 12 of 12 Accounts Payable Check Detail -ACH User: dwashbum Printed: 05/31/2013 - 8:31 AM I; t 1 i Name Check Da Account Description Amount BATTERIES PLUS 5/23/2013 101- 1310 -4120 6V Lead 20.25 5/23/2013 20.25 BATTERIES PLUS 20.25 BCBSM, Inc. 5/30/2013 101 - 1120 -4300 Online care anywhere 05/2013 150.00 5/30/2013 150.00 BCBSM, Inc. 150.00 Boyer Track Parts 5/30/2013 101 - 1320 -4140 Fan Assy, kit 189,78 5/3012013 189.78 Boyer Truck Parts 189.78 CAMPBELL KNUTSON 5/23/2013 604- 0000 -4302 hWY 101 S. Rd Proj Easements 717.70 CAMPBELL KNUTSON 5/23/2013 101 - 11404302 hWY 101 S. Rd Proj Easements 13,498.90 5/23/2013 14,216.60 CAMPBELL KNUTSON 14,216.60 Carver County 5/30/2013 700 - 0000 4350 Recycling 180.80 Carver County 5/30/2013 700 - 0000 -4350 Recycling 148.60 5/30/2013 329.40 Carver County 329.40 Cavalier Productions LLC 5/23/2013 101- 1530 -4300 Video Dance Recitals 900.00 5/23/2013 900.00 Cavalier Productions LLC 900.00 Choice, Inc. 5/23/2013 101- 1220 -4350 Station I Cleaning 191.22 5/23/2013 191.22 Accounts Payable - Check Detail -ACH (05/31/2013 - 8:31 AM) Page I of 7 Name Check Da Account Description Amount Choice, Inc. 191.22 Ferguson Enterprises #2516 5/2312013 700 - 0000 -4550 5 -1/4 SAP FLG REP KIT 257.30 5/23/2013 257.30 Ferguson Enterprises92516 H & J Electric, LLC 5/30/2013 700 - 0000 -4552Ste call to repair broken PVC conduit in Byerly's Blvd 5/30/2013 H & J Electric, LLC HANSEN THORP PELLINEN OLSON 5/30/2013 400 - 0000 -1155 Bee Hive Homes Construction Insp. HANSEN THORP PELLINEN OLSON 5/3012013 400 - 0000 -1155 Wynsong Construction Insp. 5/30/2013 HANSEN THORP PELLINEN OLSON Henke Manufacturing Corporation Henke Manufacturing Corporation Hoops & Threads Hoops & Threads Hoops & Threads IMPERIAL PORTA PALACE IMPERIAL PORTA PALACE Indelco Plastics Corporation Indelco Plastics Corporation Indoor Landscapes Inc Indoor Landscapes Inc 5/30/2013 101- 1320 -4120 Ears, BSHG CONX 5/30/2013 5123/2013 700- 0000 -4240 T- shirts w/Util logo 5/23/2013 701 - 0000 -4240 T- shirks w/Util logo 5/23/2013 5/30/2013 101 - 1550 -4400 Portable restrooms April 5/30/2013 5130/2013 700- 7019 -4530 MPT check valve 5/30/2013 5/30/2013 101- 11704300 June plant service 5/30/2013 101- 1170 -4300 May plant service 257.30 632.70 632.70 632.70 1,134.00 486.00 1,620.00 1,620.00 160.18 160.18 160.18 32.50 32.50 65.00 w.vv 261.84 261.84 261.84 90.50 90.50 v.av 199.86 199.86 Accounts Payable - Check Detail -ACH (05/31/2013 - 8:31 AM) Page 2 of 7 Name Check Da Account Description Amount LANZIBOB 138.00 MERLINS ACE HARDWARE 5/30/2013 101- 1160 -4260 Misc parWsupplies 399.72 Indoor Landscapes Inc 5/23/2013 101- 1220 -4120 Misc parWsupplies 399.72 Innovative Office Solutions, LLC 5/23/2013 101- 1170-4110 Paper /Organizer/Pens 125.62 Innovative Office Solutions, LLC 5/23/2013 101 -1170 -4110Shredder 232,83 Innovative Office Solutions, LLC 5/23/2013 101- 1170 -4110Shredder -Cr 299.24 MERLINS ACE HARDWARE 5/23/2013 101- 1550 -4150 Misc pans /supplies 59.21 Innovative Office Solutions, LLC 5/23/2013 410- 0000 -4120 Misc parts /supplies 59.21 Integrated Loss Control, Inc. 5/30/2013 101- 1220 -4300Health/Safety Services June 101.50 Integrated Loss Control, Inc. 5/30/2013 700 - 0000 -4300 Health/Safety Services June 339,25 Integrated Loss Control, Inc. 5/30/2013 701 - 0000 -4300 Health/SafetyServices June 339.25 MERLINS ACE HARDWARE 5/30/2013 780.00 Integrated Loss Control, Inc. 5/30/2013 700 - 0000 -4140 Valve Asy, Spor Kit "O" 780.00 LANZI BOB 5/30/2013 101 -1766 -4300 Adult softball umpire 6 games Q$23 138.00 5/30/2013 138.00 LANZIBOB 138.00 MERLINS ACE HARDWARE 5/23/2013 101- 1160 -4260 Misc parWsupplies 13.55 MERLINS ACE HARDWARE 5/23/2013 101- 1220 -4120 Misc parWsupplies 11.65 MERLINS ACE HARDWARE 5/23/2013 101- 1260 -4120 Misc parts/supplies 23.24 MERLINSACE HARDWARE 5/23/2013 101- 1320 -4120 Misc pans /supplies 140.63 MERLINSACE HARDWARE 5/23/2013 101- 1550 -4120 Misc parts /supplies 71.09 MERLINS ACE HARDWARE 5/23/2013 101- 1550 -4150 Misc pans /supplies 173.34 MERLINS ACE HARDWARE 5/23/2013 410- 0000 -4120 Misc parts /supplies 33.95 MERLINS ACE HARDWARE 5/23/2013 700 -0000 -4150 Misc parts /supplies 18,27 MERLINS ACE HARDWARE 5/23/2013 701 -0000 -4150 Misc parts /supplies 7,57 5/23/2013 493.29 MERLINS ACE HARDWARE 493.29 METROPOLITAN FORD 5/30/2013 700 - 0000 -4140 Valve Asy, Spor Kit "O" 148,75 METROPOLITAN FORD 5/30/2013 700 - 0000 -4140 Spor Control 180.17 5/30/2013 328,92 METROPOLITAN FORD 328.92 MOSS & BARNETT 5/30/2013 210 - 0000 -4300 Legal Services - Franchise Renewal 498.00 Accounts Payable - Check Detail -ACH 05/31/2013 - 8:31 AM) Page 3 of 7 Name Check Da Account Description Amount 5/30/2013 498.00 MOSS & BARNETT 498.00 NAPAAUTO & TRUCK PARTS 5/30/2013 101- 1220 -4140 Filter (For Pumper) 77.61 NAPAAUTO & TRUCK PARTS 5/30/2013 101 - 1320 -4140 Filters 45,77 NAPAAUTO &TRUCK PARTS 5/30/2013 101 - 1320 -4120 Filters, Wipers 190.52 NAPA AUTO & TRUCK PARTS 5/30/2013 101 - 1220 -4140 Filters (For Pumper) 28.01 NAPA AUTO & TRUCK PARTS 5/30/2013 101 -1220 -4140 Oil Cooler Connector 13.72 5/30/2013 355.63 NAPAAUTO & TRUCK PARTS 355.63 P & J Promotions 5/23/2013 101- 1530 -4240 Red polo /Sweatshirts/Dr Green shirts 339.45 P & J Promotions 5/23/2013 101 - 1600 -4240 Shirts 691.25 P & J Promotions 5/23/2013 101 - 1530 -4130 Dance shirts 481,85 P & J Promotions 5/23/2013 101 - 1540 -4240 Blue t- shirts /sweatshirts /tank tops 200.00 P & I Promotions 5/23/2013 101 -1600 -4240 Blue t- shirts /sweatshirts/tank tops 702.65 5/23/2013 2,415.20 P & J Promotions 2,415.20 PARROTT CONTRACTING INC 5/23/2013 815- 8221 -2024 Lakeside pond cleaning 11,627.12 5/23/2013 11,627.12 PARROTT CONTRACTING INC 11,627.12 PRAIRIE LAWN & GARDEN 5/30/2013 101 - 1550 -4150 095 Line 5 Ibs 147.72 PRAIRIE LAWN & GARDEN 5/30/2013 101 - 1550 -4120 Lid cleaner, grip, guard, throttle control 70.61 5/30/2013 218.33 PRAIRIE LAWN & GARDEN 218.33 PRO TURF 5/30/2013 101- 1550 -4300 Library Early Spring Application 176.13 PRO TURF 5/30/2013 101- 1550 -4300 1591 Pak Rd Early Spring Application 1,341.89 PRO TURF 5/30/2013 101 - 1550 -4300 W Fire Station EarlySpring Application 12329 PRO TURF 5/30/2013 101- 1550 -4300 Cemetary Early Spring Application 269.70 5/30/2013 1,911.01 PRO TURF 911.01 Southwest Metro Chamber of Commerce 5/30/2013 101 - 1420 -4370Scholarship Awards (BG) 25.00 Southwest Metro Chamber of Commerce 5/30/2013 101- 1120 -4370 Scholarship Awards (LH) 25.00 Southwest Metro Chamber of Commerce 5/30/2013 101- 1420 -4370Scholarship Awards (KA) 25.00 Accounts Payable - Check Detail -ACH (05/31/2013 - 8:31 AM) Page4 of 7 Name Check Da Account Description Amount 5/30/2013 75.00 Southwest Metro Chamber of Commerce 75.00 SPRINT PCS 5/23/2013 700 - 0000 -4310 Connection Card Data Plan 39.99 SPRINT PCS 5/23/2013 701- 0000 -4310Connection Card Data Plan 79.98 SPRINT PCS 5/23/2013 101- 1220 -4310 Connection Card DataPlan 42.99 SPRINT PCS 5/23/2013 700- 0000 -4310 Connection Card Data Plan 39.99 5/23/2013 202.95 SPRINT PCS 202.95 SPS COMPANIESINC 5/23/2013 101 - 11904510 Valves /Quatum Rep Kit 205.46 SPS COMPANIESINC 5/23/2013 101 - 11904510 1 -1/2" Cast Brass Closet Spud 7.40 5/23/2013 212.86 SPS COMPANIES INC 212.86 SUBURBAN CHEVROLET 5/30/2013 101- 12204140 Hoses 114.69 SUBURBAN CHEVROLET 5/30/2013 101 - 1220 -4140 Spoadi - Guard Pkgs 90.84 SUBURBAN CHEVROLET 5/30/2013 101 - 1220 -4140 CR Spoadi - Guard Pkgs 90.84 5/30/2013 114.69 SUBURBAN CHEVROLET 114.69 Sun Life Financial 5/23/2013 701 - 0000 -4040 June Life Insurance 25.06 Sun Life Financial 5/23/2013 101- 1550 -4040 June LTD 85.82 San Life Financial 5/23/2013 700- 0000 -4040 June Life Insurance 30.19 San Life Financial 5/23/2013 101- 1420 -4040 Jane LTD 50.06 San Life Financial 5123/2013 720 - 0000 -4040 June Life Insurance 11.18 San Life Financial 5/23/2013 101 - 0000 -2011 Jane Life Insurance 298.63 Sun Life Financial 5/23/2013 210- 0000 -2011 June Life Insurance 4.73 Sun Life Financial 5/23/2013 101- 1550 -4040 Jane Life Insurance 42.08 Sun Life Financial 5/23/2013 101 -1420 -4040 June Life Insurance 24.77 San Life Financial 5/23/2013 101 - 14304040 June Life Insurance 1.67 San Life Financial 5/23/2013 210 - 00004040 Jane Life Insurance 6.30 San Life Financial 5/23/2013 720 - 7201 -4040 June Life Insurance 2.07 San Life Financial 5/23/2013 720 - 72024040 Jane Life Insurance 2.07 San Life Financial 5/23/2013 101 - 11704040 June Life Insurance 4.86 San Life Financial 5/23/2013 101 - 1220 -4040 Jane Life Insurance 12.62 San Life Financial 5/23/2013 700 - 0000 -2011 June Life Insurance 27.89 San Life Financial 5/23/2013 701 - 0000 -2011 June Life Insurance 27.89 San Life Financial 5/23/2013 720- 0000 -2011 Jane Life Insurance 5.00 Sun Life Financial 5/23/2013 101- 1120 -4040 Jane LTD 56.77 Sun Life Financial 5/23/2013 101- 1130 -4040 Jane LTD 33.44 San Life Financial 5/23/2013 101 -1160 -4040 Jane LTD 25.99 Sun Life Financial 5/23/2013 101- 1210 -4040 June LTD 9.52 San Life Financial 5/23/2013 101 - 12504040 Jane LTD 85.24 Accounts Payable - Check Detail -ACH (05/31/2013 - 8:31 AM) Page 5 of 7 Name Check Do Account Description Amount Sun Life Financial 5/23/2013 101- 1310 -4040 June LTD 68.54 Sun Life Financial 5/23/2013 101- 1320 -4040 June LTD 85.39 Sun Life Financial 5/23/2013 101- 13704040 June LTD 35.60 Sun Life Financial 5/23/2013 101 - 1520 -4040 June LTD 19.07 Sun Life Financial 5/2312013 101 -1530 -4040 June LTD 10.32 Sun Life Financial 5/23/2013 101 - 1600 -4040 June LTD 17.34 Sun Life Financial 5/23/2013 101 - 1700 -4040 June LTD 4.34 Sun Life Financial 5/23/2013 101- 1420 -4040 May Adj Life Insurance 0.18 Sun Life Financial 5/23/2013 101- 1420 -4040 May Adj LTD 0.08 Sun Life Financial 5123/2013 101- 1120 -4040 June Life Insurance 28,44 Sun Life Financial 5/23/2013 101- 1130 -4040 June Life Insurance 16.59 Sun Life Financial 5/23/2013 101- 1160 -4040 June Life Insurance 12,78 Sun Life Financial 5/23/2013 101 - 1210 -4040 June Life Insurance 4.68 Sun Life Financial 5/23/2013 101 - 1250 -4040 June Life Insurance 39.60 Sun Life Financial 5/23/2013 101 -1310 -4040 June Life Insurance 33.93 Sun Life Financial 5/23/2013 101 - 1320 -4040 June Life Insurance 42,00 Sun Life Financial 5/23/2013 101- 1370 -4040 June Life Insurance 17,37 Sun Life Financial 5/23/2013 101- 1520 -4040 June Life Insurance 9.45 Sun Life Financial 5/23/2013 101 - 15304040 June Life Insurance 5.13 Sun Life Financial 5/23/2013 101- 1600 -4040 June Life Insurance 8,57 Sun Life Financial 5/23/2013 101- 17004040 June Life Insurance 2.14 Sun Life Financial 5/23/2013 101 - 14304040 June LTD 3,38 Sun Life Financial 5/23/2013 210 - 00004040 June LTD 12.78 Sun Life Financial 5/23/2013 720 -7201 -4040 June LTD 4,17 Sun Life Financial 5/23/2013 720- 7202 -4040 June LTD 4,17 Sun Life Financial 5/23/2013 101 - 1170 -4040 June LTD 9,72 Sun Life Financial 5/23/2013 101 -1220 -4040 June LTD 25.46 Sun Life Financial 5/23/2013 701 - 0000 -4040 June LTD 50.87 Sun Life Financial 5/23/2013 700 - 0000 -4040 June LTD 61.16 Sun Life Financial 5/23/2013 720 - 0000 -4040 June LTD 22,48 5/23/2013 Sun Life Financial 1,529.58 1,529.58 USABLUE BOOK 5/30/2013 700- 7019 -4530 LMI Repair Kit 194.66 5/30/2013 194.66 USA BLUE BOOK 194.66 WM MUELLER & SONS INC 5/23/2013 420 - 0000 -4751 3/8" Minus, 1/4 317.63 WM MUELLER & SONS INC 5/23/2013 101- 1320 -4350 Dump charge 35.00 WM MUELLER & SONS INC 5/23/2013 700- 0000 -4552 Bank Fill San 42.47 WM MUELLER & SONS INC 5/23/2013 420 - 0000 -4751 3/8" Minus, 1/4 78,62 WM MUELLER & SONS INC 5/23/2013 420 - 0000 -4751 Curb Mix 151.67 WM MUELLER & SONS INC 5/23/2013 420- 000OA751 3/8" Minus, 1/4 128.68 5/23/2013 WM MUELLER & SONS INC 754.07 754.07 XCEL ENERGY INC 5/23/2013 101 - 1350 -4320 Srvc walk bridge/500 Market St 107.75 Accounts Payable - Check Detail -ACH (05/31/2013 - 8:31 AM) Page6 of 7 Name Check Da Account Description Amount XCEL ENERGY INC 5/23/2013 101- 1350 -4320 1701 Valley Ridge Trl S/1591 Heron Dr 82.10 XCEL ENERGY INC 5/23/2013 101- 1350 -4320 Signal Lights 42.46 XCEL ENERGY INC 5/23/2013 101- 1600 -43207599 Minnewashta Pkwy 20.64 5/23/2013 252.95 XCEL ENERGY INC 5/30/2013 700 -7019 -4320 E WaterTreatmentPlant 6,667.05 XCEL ENERGY INC 5/30/2013 101- 1600 -4320 Park shelters 30.16 XCEL ENERGY INC 5/30/2013 101 - 1540 -4320 Parks Dept 861.78 XCEL ENERGY INC 5/30/2013 101 - 1600 -4320 Parks Dept 93.50 XCEL ENERGY INC 5/30/2013 101 - 1550 -4320 Parks Dept 222,64 XCELENERGYINC 5/30/2013 700 -0000 -4320 Wells/Tower 7,538.38 XCEL ENERGY INC 5/30/2013 701 -0000 -4320 Lift Stations/Purnp Station 5,804.65 XCEL ENERGY INC 5/30/2013 700 - 0000 -4320 Lift Stations/Pump Station 1,106.69 XCEL ENERGY INC 5/30/2013 101- 1170 -4320 City Utilities 2,579.41 XCEL ENERGY INC 5/30/2013 101 - 1190 -4320 City Utilities 3,689,37 XCEL ENERGY INC 5/30/2013 101 -1220 -4320 City Utilities 1,024.62 XCEL ENERGYINC 5/30/2013 101- 1370 -4320 City Utilities 1,703.65 XCELENERGYINC 5/30/2013 101 -1551 -4320 City Utilities 53.09 XCEL ENERGYINC 5/30/2013 700 - 0000 -4320 City Utilities 212.96 XCEL ENERGYINC 5/30/2013 701 - 0000 -4320 City Utilities 212.95 5/30/2013 XCEL ENERGY INC ZIEGLER INC 5/23/2013 700 -0000 -4552 Equip rental Caterpillar Excavator ZIEGLER INC 5/23/2013 700 - 0000 -4552 CR Equip Sale312 Ripper 5/23/2013 ZIEGLER INC 31,800.90 32,053.85 5,343.75 203.06 5,140.69 5,140.69 78,587.55 Accounts Payable - Check Detail -ACH (05/31/2013 - 8:31 AM) Page 7 of 7