CC SUM 2007 05 29
CHANHASSEN CITY COUNCIL
REGULAR MEETING
SUMMARY MINUTES
MAY 29, 2007
Mayor Furlong called the meeting to order at 7:00 p.m.. The meeting was opened with the
Pledge to the Flag.
COUNCILMEMBERS PRESENT:
Mayor Furlong, Councilman Peterson, Councilwoman
Ernst and Councilman Litsey
COUNCILMEMBERS ABSENT:
Councilwoman Tjornhom
STAFF PRESENT:
Todd Gerhardt, Roger Knutson, Laurie Hokkanen, Kate Aanenson, Paul
Oehme, Lori Haak, and Todd Hoffman
PUBLIC PRESENT FOR ALL ITEMS:
Kathleen Thomas Planning Commission
F. Ernst 840 Cree Drive
M. Senn 7160 Willow View Cove
Tom Workman 181 South Shore Court
Mark Undestad 8800 Sunset Trail
Forrest Adams Chanhassen Villager
Rick Dorsey 1551 Lyman Boulevard
Debbie Lloyd 7302 Laredo Drive
Dennis Hansen 6450 Pleasant View Circle
PUBLIC ANNOUNCEMENTS:
None.
CONSENT AGENDA: Councilman Litsey moved, Councilman Peterson 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 14, 2007
-City Council Verbatim and Summary Minutes dated May 14, 2007
nd
d. Approval of Lease with Cingular for Cell Tower on West 82 Street Water Tower.
e. Approval of Encroachment Agreement, Autobahn Motorplex.
f. Approval of Extension of Preliminary Plat, Liberty at Creekside.
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
City Council Summary - May 29, 2007
1(B). APPROVAL OF LODGING TAX.
Councilwoman Ernst asked that this item be tabled
so that all city council members are present to vote. Councilman Peterson asked for additional
time to do research since he missed the work session where this item was discussed.
Councilwoman Ernst moved, Councilman Peterson seconded to table the lodging tax. All
voted in favor and the motion carried unanimously with a vote of 4 to 0.
VISITOR PRESENTATIONS:
Doug Swanson, 1780 Koehnen Circle West had a petition
signed by all neighbors in the Koehnen Circle West cul-de-sac, except for Gary Brown who is
out of town, requesting that surmountable curbs be installed with the road project in their area.
The City Engineer stated he will contact Mr. Swanson to discuss the matter.
LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE.
Sgt. Ross Gullickson presented
the Sheriff's Office Area Report, and Citation List for the month of April. Since this was his last
meeting before beginning work with the Three Rivers Park Police department, he thanked the
council and city staff who have worked cooperatively with him over the last 11 months.
Councilman Litsey asked for clarification in the reduction of citations issued year to date in 2007
compared to 2006 and if the difference can be attributed to the use of the unmarked squad car in
2006 and not in 2007. Sheriff Bud Olson also thanked Sergeant Gullickson and wished him well
with his new challenges in the Three Rivers Park District, and outlined the process of hiring his
replacement. Councilman Litsey asked if Sheriff Olson had considered looking for a lieutenant
as Sgt. Gullickson's replacement. Chief Greg Geske presented the monthly update from the Fire
Department. Mayor Furlong asked Chief Geske to clarify for the public what's permitted with
recreational fires.
PUBLIC HEARING: NATIONAL POLLUTION DISCHARGE ELIMINATION
SYSTEM (NPDES) PUBLIC HEARING AND ANNUAL REPORT.
Public Present:
Name Address
Linda Landsman 7329 Frontier Trail
Lori Haak presented the annual NPDES report. Mayor Furlong opened the public hearing. No
one spoke and the public hearing was closed.
Councilman Litsey moved, Councilwoman Ernst seconded that the Chanhassen City
Council authorizes the Mayor to sign the City's NPDES Phase II 2006 Annual Report as
attached. All voted in favor and the motion carried unanimously with a vote of 4 to 0.
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ARBORETUM BUSINESS PARK 7 ADDITION/MAMAC SYSTEMS, LOCATED ON
ND
THE NORTHEAST CORNER OF CENTURY BOULEVARD AND WEST 82 STREET;
APPLICANTS, CHASKA GATEWAY PARTNERS, LLP AND S. ASIM GUL:
REQUEST FOR SUBDIVISION APPROVAL FOR TWO LOTS AND ONE OUTLOT,
CONDITIONAL USE PERMIT FOR DEVELOPMENT WITHIN THE BLUFF CREEK
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City Council Summary - May 29, 2007
CORRIDOR, AND SITE PLAN APPROVAL FOR A 51,800 SQUARE FOOT OFFICE/
WAREHOUSE BUILDING WITH VARIANCES.
Public Present:
Name Address
Joe Smith 1654 Elm Circle, Minnetonka
Todd Mohagen 1000 Twelve Oaks Court Drive
nd
Philip Geib 2116 2 Avenue So., Minneapolis
S. Asim Gul 855 Partanwood, Orono
Kate Aanenson presented the staff report and Planning Commission update on this item.
Councilman Litsey asked for clarification on the variance request from the Bluff Creek primary
zone setback. Mayor Furlong asked for further clarification on both variance requests before
opening up the meeting for public comment. There was none.
Councilman Peterson moved, Councilwoman Ernst seconded that the City Council approve
the preliminary plat and Resolution #2007-34: for final plat of the Subdivision for two lots
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and one outlot (Arboretum Business Park 7 Addition), plans prepared by Schoell &
Madson, Inc., dated April 16, 2007, subject to the following conditions:
1.Submit 1:200 scale plan of proposed lots (required for addressing purposes).
2.A 10-foot clear space must be maintained around fire hydrants, i.e., street lamps, trees,
shrubs, bushes, Xcel Energy, Qwest, cable TV and transformer boxes. This is to ensure that
fire hydrants can be quickly located and safely operated by firefighters.
3.No burning permits shall be issued for trees to be removed. Trees and shrubs must either be
removed from site or chipped.
4.The developer shall be responsible for planning, engineering, and constructing the “wetland
trail.” Connection points for this new trail shall be the terminus of the Trotters Ridge trail,
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the intersection of Century Boulevard and West 82 Street, and the intersection of Century
Boulevard and Water Tower Place. Bid documents, including plans and specifications, shall
be approved by the Park & Recreation Director and City Engineer prior to soliciting bids.
Project bidding shall occur in a competitive environment with a minimum of three bids being
received. The results of the bidding process shall be reviewed with the Park & Recreation
Director and City Engineer prior to award. Cash payment for trail construction shall be made
from the City of Chanhassen to Steiner Development upon completion, inspection, and
acceptance of the trail.
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5.Trail easements within Lots 1 and 2 and Outlot A, Arboretum Business Park 7 Addition
(formerly Outlot C, Arboretum Business Park) shall be dedicated to the City to accommodate
the “wetland trail”.
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City Council Summary - May 29, 2007
6.The developer shall pay trail fees in the amount of $10,190.00 prior to the recording of the
final plat.
7.The developer must prepare plans depicting an agreed-upon trail alignment and details for a
required bridge crossing and typical construction cross section for a 10-foot wide trail prior
to recording the final plat.
8.A wetland buffer with a minimum width of 16.5 feet shall be maintained around all
Ag/Urban wetlands. Wetland buffer areas shall be preserved, surveyed and staked in
accordance with the City’s wetland ordinance. The applicant shall install wetland buffer edge
signs, under the direction of City staff, before construction begins and shall pay the City $20 per
sign. All structures shall maintain a setback of at least 40 feet from the wetland buffer edge.
The wetland buffer setback shall be shown on the plans.
9.All structures shall be set back at least 40 feet from the Bluff Creek primary zone. The first
20 feet of the setback from the primary zone cannot be disturbed. The plans shall be revised
to show the primary zone boundary, the 40-foot setback from the primary zone and the 20-
foot buffer area adjacent to the primary zone. If alteration is proposed within the 20-foot
buffer area adjacent to the primary zone, a variance will be required.
10.Signage for the Bluff Creek Overlay District should be posted at least every 300 feet along the
primary zone boundary.
11.The general notes on erosion and sediment controls are incomplete. A new SWPPP shall be
developed by the engineer for the site. The SWPPP shall be in place prior to applying for the
NPDES permit. Additional information regarding SWPPP requirements can be obtained
through the MPCA Storm Water Web Site. The SWPPP shall include all details, sequencing
of the project and seeding and mulching specifications.
12.Temporary and permanent erosion control plans and details shall be included in the plans.
Temporary erosion control may consist of type 1 mulch, as well as temporary and permanent
seed mixes. Erosion control blanket shall be installed on all slopes greater than or equal to
3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year
round, according to the following table of slopes and time frames:
Type of Slope Time (Maximum time an area can
Steeper than 3:1 7 days remain open when the area
10:1 to 3:1 14 days is not actively being worked.)
Flatter than 10:1 21 days
These areas include constructed storm water management pond side slopes, and any exposed
soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter
system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man
made systems that discharge to a surface water.
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City Council Summary - May 29, 2007
13.Inlet controls are needed for all inlets throughout the project and shall be installed within 24
hours of inlet installation prior to casting. Filter fabric held down by steel plates with 12” of
¾-inch rock over each cover may be used. Once casting of inlets takes place, inlet controls
shall be installed within 24 hours. Inlet protection shall be maintained on a regular basis.
The plans and SWPPP shall be revised to include standard details for all inlet protection
devices.
14.Manholes with two-foot sumps shall be installed as the last road-accessible structures prior to
discharge into the stormwater pond.
15.Chanhassen Type 2, Heavy Duty silt fence shall be installed around all wetlands and
stormwater ponds; Chanhassen Type 1 silt fence shall be used around the remaining areas.
All areas of silt fence shown on the plan that are not parallel to the proposed contours of the
property shall to have J-Hooks installed every 50 feet.
16.The existing stormwater pond and areas downstream of the pond shall be protected from
sediment produced by the construction site. For example, if turbid water is found in the
stormwater pond, a plug could be placed in the flared-end section (FES) of the outlet
structure so sediment does not go off-site. Once settling of the sediment occurs, the water
could be slowly released.
17.Street cleaning of soil tracked onto public streets shall include daily street scraping and street
sweeping as-needed. Provisions for street cleaning shall be included in the SWPPP.
18.Drainage and utility easements (minimum 20 feet in width) shall be provided over all
existing and proposed storm water infrastructure.
19.The total SWMP fee, due payable to the City at the time of final plat recording, is $102,838.
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20.The developer may dedicate Outlot A, Arboretum Business Park 7 Addition to the City.
21.The developer’s engineer must submit hydrology calculations that verify that the site design
is consistent with the preliminary plat assumptions, and that the pond meets NPDES
requirements for this site.
22.When a site plan for Lot 2 is submitted for approval, the applicant must submit calculations
verifying that the proposed design meets the pond design assumptions and meets other
agency requirements (e.g. NPDES Phase 2 permit).
23.Upon approval of the site plan for Lot 2, the applicant must post an escrow for the street
repair required for the utility service extension.”
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
Councilman Peterson moved, Councilwoman Ernst seconded that the City Council approve
the Conditional Use Permit, subject to the following conditions:
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City Council Summary - May 29, 2007
1.All structures shall be set back at least 40 feet from the primary zone. The first 20 feet of the
setback from the primary zone cannot be disturbed. The plans shall be revised to show the
primary zone boundary, the 40-foot setback from the primary zone and the 20-foot buffer
area adjacent to the primary zone. If alteration is proposed within the 20-foot buffer area
adjacent to the primary zone, a variance will be required.
2.Signage for the Bluff Creek Overlay District should be posted at least every 300 feet along the
primary zone boundary.”
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
Councilman Peterson moved, Councilwoman Ernst seconded that the City Council approve
the Site Plan for a 51,800 square-foot office/warehouse building (Mamac Systems) with a
variance to permit only 32 percent building transparency on the western building elevation
and with a 20-foot setback variance for the drive aisle in the southeast corner of the site for
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development within the Bluff Creek Corridor on Lot 1, Block 1, Arboretum Business Park 7
Addition, plans prepared by Clark Engineering Corporation and Mohagan Hansen
Architectural Group, dated April 13, 2007, subject to the following conditions:
1.The developer shall enter into a site plan agreement with the City and provide the necessary
security to guarantee erosion control, site restoration and landscaping.
2.The future building expansion shall continue the same architectural detailing and window
treatment as the initial 35,000 square-foot building.
3.The developer shall extend a sidewalk from the building to the trail on Century Boulevard
and include pedestrian ramps at all curbs. The monument sign shall be relocated to the north
side of the driveway access; and a sidewalk installed on the south side of the driveway
access.
4.The developer shall incorporate a gathering space in the eastern portion of the site including
benches and/or tables overlooking the natural areas to the east.
5.The developer shall submit a plan for the restoration of areas adjacent to the Bluff Creek
Corridor with species consistent with the City’s Bluff Creek Watershed Natural Resources
Management Plan.
6.The parking lot drive aisles on the eastern and southeastern side of the building shall be
reduced to 26 feet.
7.The building is required to have an automatic fire extinguishing system.
8.The building plans must be prepared and signed by design professionals licensed in the State
of Minnesota.
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City Council Summary - May 29, 2007
9.Four (4) accessible parking spaces must be provided.
10.The applicant shall apply for and obtain permits from the appropriate regulatory agencies
(e.g., Riley-Purgatory-Bluff Creek Watershed District, Minnesota Pollution Control Agency)
and comply with their conditions of approval.
11.Increase plantings for parking lot trees and buffer yard areas in order to meet ordinance
requirements.
12.The applicant shall extend the sod line only 15 feet from the edge of the parking lot on the
east and south sides. The remaining area shall be seeded with a native seed mix approved by
the City. If necessary, erosion control materials will be required on the seeded areas.
13.Contact Chanhassen Fire Marshal for exact location of fire hydrants to be installed.
14.A 10-foot clear space must be maintained around fire hydrants, i.e., street lamps, trees,
shrubs, bushes, Xcel Energy, Qwest, cable TV and transformer boxes. This is to ensure that
fire hydrants can be quickly located and safely operated by firefighters.
15.No burning permits shall be issued for trees to be removed. Trees and shrubs must either be
removed from site or chipped.
16.The general notes on erosion and sediment controls are incomplete. A new SWPPP shall be
developed by the engineer for the site. The SWPPP shall be in place prior to applying for the
NPDES permit. Additional information regarding SWPPP requirements can be obtained
through the MPCA Storm Water Web Site. The SWPPP shall include all details, sequencing
of the project and seeding and mulching specifications.
17.Temporary and permanent erosion control plans and details shall be included in the plans.
Temporary erosion control may consist of type 1 mulch, as well as temporary and permanent
seed mixes. Erosion control blanket shall be installed on all slopes greater than or equal to
3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year
round, according to the following table of slopes and time frames:
Type of Slope Time (Maximum time an area can
Steeper than 3:1 7 days remain open when the area
10:1 to 3:1 14 days is not actively being worked.)
Flatter than 10:1 21 days
These areas include constructed storm water management pond side slopes, and any exposed
soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter
system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man
made systems that discharge to a surface water.
18.Inlet controls are needed for all inlets throughout the project and shall be installed within 24
hours of inlet installation prior to casting. Filter fabric held down by steel plates with 12” of
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City Council Summary - May 29, 2007
¾-inch rock over each cover may be used. Once casting of inlets takes place, inlet controls
shall be installed within 24 hours. Inlet protection shall be maintained on a regular basis.
The plans and SWPPP shall be revised to include standard details for all inlet protection
devices.
19.Manholes with two-foot sumps shall be installed as the last road-accessible structures prior to
discharge into the stormwater pond.
20.Chanhassen Type 2, Heavy Duty silt fence shall be installed around all wetlands and
stormwater ponds; Chanhassen Type 1 silt fence shall be used around the remaining areas.
All areas of silt fence shown on the plan that are not parallel to the proposed contours of the
property shall to have J-Hooks installed every 50 feet.
21.The existing stormwater pond and areas downstream of the pond shall be protected from
sediment produced by the construction site. For example, if turbid water is found in the
stormwater pond, a plug could be placed in the flared-end section (FES) of the outlet
structure so sediment does not go off-site. Once settling of the sediment occurs, the water
could be slowly released.
22.Street cleaning of soil tracked onto public streets shall include daily street scraping and street
sweeping as needed. Provisions for street cleaning shall be included in the SWPPP.
23.The private storm sewer should be realigned so that it will not lie within the footprint for the
future expansion.
24.The site developer for Lot 1 must remove the curb and gutter at the approved access locations
and construct a concrete apron per City Detail Plate 5207.
25.The site developer must replace the catch basin casting at the northern access with a
surmountable casting.”
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
Todd Gerhardt: Mayor, council members. As to the variance, we'll put a report in the admin
section to see if they meet that condition or not so you, as you go forward you'll know whether
the variance was needed or not.
Mayor Furlong: Great, thank you. Appreciate you working with staff to try to accommodate
that.
OUTSET, INC., LOCATED AT 2460 GALPIN COURT, APPLICANT: EDEN TRACE
CORPORATION: REQUEST FOR SITE PLAN APPROVAL FOR A 48,000 SQUARE
FOOT OFFICE/WAREHOUSE BUILDING WITH VARIANCES.
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City Council Summary - May 29, 2007
Public Present:
Name Address
Tom & JoEllen Radermacher 2479 Bridle Creek Trail
Dan Luna 2483 Bridle Creek Trail
Brian Houwman New Brighton
Kate Aanenson presented the staff report and Planning Commission update on this item. Mayor
Furlong asked about precedence with approval of the sign variance and then opened the meeting
for public comment. Tom Radermacher, 2479 Bridle Creek Trail asked for clarification on the
location of the retaining wall in relation to the stakes that are currently out on the property and
how that will affect loss of mature oaks on the adjoining outlot. Dan Luna, 2483 Bridle Creek
Trail stated his concern is how soon construction can begin on the berm. JoEllen Radermacher,
2479 Bridle Creek Trail expressed concern with the hours of operation and the external operation
of vehicles at night. After comments by council, the following motion was made.
Councilman Peterson moved, Councilwoman Ernst seconded that the City Council
approves Site Plan for a 48,042 square-foot, one-story office warehouse building with a
Variance for a 12.9 square-foot logo above the main entry, plans prepared by Houwman
Architects, dated 4/13/07, subject to the following conditions:
1.Architectural elements, such as the use of tiling, creating colored block patterns or the use of
circular windows, shall be added in the wall panels on the north side of the building to
provide additional articulation.
2.The developer shall connect the internal sidewalks to the public sidewalk in Galpin Court.
Pedestrian ramps shall be installed at all curbs along this pathway.
3.The berm on the north side of the building shall be extended into Outlot C, Chanhassen West
Business Park.
4.The Park Dedication Fee for Lot 5, Block 2 is $39,960.58 to be paid at the time of building
permit issuance.
5.The applicant shall revise the landscape plan to show a total of 19 overstory trees within the
vehicular use area. Two landscape peninsulas shall be added to the west parking area.
6.Tree preservation fencing is required to be installed prior to any construction around existing
trees in Outlot C and any trees preserved along the north property line.
7.A 10-foot clear space must be maintained around fire hydrants, i.e. street lamps, trees,
shrubs, bushes, Xcel energy, Qwest, cable TV and transformer boxes.
8.No burning permits shall be issued for trees to be removed. Trees and shrubs must either be
removed from site or chipped.
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City Council Summary - May 29, 2007
9.A Storm Water Pollution Prevention Plan shall be developed by the engineer for the site.
The SWPPP shall be submitted to the City for review by the Carver Soil and Water
Conservation District prior to beginning construction. The SWPPP shall be in place prior to
applying for the NPDES Phase II Construction Permit. Additional information regarding
SWPPP requirements can be obtained through the MPCA Storm Water Web Site. The
SWPPP shall include all standard detail plates, sequencing of the project and seeding and
mulching specifications.
10.Temporary and permanent erosion control plans and details shall be included in the plans.
Temporary erosion control may consist of Type 1 mulch, as well as temporary and
permanent seed mixes.
11.Erosion control blanket shall be installed on all slopes greater than or equal to 3:1.
12.All exposed soil areas shall have temporary erosion protection or permanent cover year
round, according to the following table of slopes and time frames:
Type of Slope Time (Maximum time an area can
Steeper than 3:1 7 days remain open when the area
10:1 to 3:1 14 days is not actively being worked.)
Flatter than 10:1 21 days
These areas include constructed storm water management pond side slopes, and any exposed
soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter
system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man
made systems that discharge to a surface water.
13.Inlet controls are needed for all inlets throughout the project and shall be installed within 24
hours of inlet installation prior to casting. Filter fabric held down by steel plates with 12
inches of ¾-inch rock over each cover may be used. Once casting of inlets takes place, inlet
controls shall be installed within 24 hours. Inlet protection shall be maintained on a regular
basis. The plans and SWPPP shall be revised to include standard details for all inlet
protection devices.
14.Chanhassen Type 2, Heavy Duty silt fence shall be installed around all wetlands and
stormwater ponds; Chanhassen Type 1 silt fence shall be used around the remaining areas.
All areas of silt fence shown on the plan that are not parallel to the proposed contours of the
property shall have J-Hooks installed every 50 feet.
15.Erosion control shall be installed and inspected prior to any site grading.
16.Street cleaning of soil tracked onto public streets shall include daily street scraping and street
sweeping as needed. Provisions for street cleaning shall be included in the SWPPP.
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City Council Summary - May 29, 2007
17.The applicant shall apply for and obtain permits from the appropriate regulatory agencies
(i.e. Carver County Water Resource Management Area, Minnesota Pollution Control
Agency) and comply with their conditions of approval.
18.The plan must be revised so that the grades over the existing storm sewer on the west side are
not altered.
19.The plans must be modified so that the wall is a minimum of 15 feet from the storm sewer.
20.The property owner must sign an encroachment agreement for the western retaining wall.
21.The developer’s engineer must submit a sketch verifying that construction of the retaining
wall on the east side of the property will not compromise the tree preservation area within
Outlot C.
22.The contractor must call the City to inspect the connection to the sanitary sewer manhole.
23.The buildings are required to have an automatic fire extinguishing system.
24.The plans must be prepared and signed by design professionals licensed in the State of
Minnesota.
25.Retaining walls over four feet high must be designed by a professional engineer and a permit
must be obtained prior to construction.
26. The total sign area for the building shall not exceed 73 square feet including the approved
logo.
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
1(c). APPROVAL OF ORDINANCE AMENDMENTS TO CHAPTER 20, ZONING,
CHANHASSEN CITY CODE.
Kate Aanenson reviewed the amendments to Chapter 20 and provided background information
on each change. Debbie Lloyd, 7302 Laredo Drive asked that the section pertaining to highway
setbacks be tabled for more research. After council discussion and clarification, the following
motion was made.
Councilwoman Ernst moved, Councilman Peterson seconded to approve the Ordinance
Amendments to Chapter 20, Zoning, Chanhassen City Code as presented. All voted in
favor and the motion carried unanimously with a vote of 4 to 0.
COUNCIL PRESENTATIONS:
Councilman Litsey updated the council on an ad hoc Heritage
Preservation Committee that has been formed. Generally three things that have filtered out
through that process in terms of what needs to be looked at are potentially partnering with the
city to form a Heritage Preservation Committee, forming a Chanhassen Historical Society that
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City Council Summary - May 29, 2007
may or may not partner with Carver County Historical Society, and forming a specific task force
to look at preserving the Historic St. Hubert's Church.
ADMINISTRATIVE PRESENTATIONS:
None.
CORRESPONDENCE DISCUSSION.
None.
Councilwoman Ernst moved, Councilman Litsey seconded to adjourn the City Council
meeting. All voted in favor and the motion carried unanimously with a vote of 4 to 0. The
City Council meeting was adjourned at 8:25 p.m..
Submitted by Todd Gerhardt
City Manager
Prepared by Nann Opheim
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