CC SUM 2008 04 14
CHANHASSEN CITY COUNCIL
REGULAR MEETING
SUMMARY MINUTES
APRIL 14, 2008
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 Litsey, Councilwoman
Ernst, Councilwoman Tjornhom, and Councilman McDonald
STAFF PRESENT:
Todd Gerhardt, Roger Knutson, Laurie Hokkanen, Kate Aanenson, Paul
Oehme, Todd Hoffman, and Bob Generous
PUBLIC PRESENT:
John Sullivan Carver County CDA
Anita & Tom Steckling 8320 West Lake Court
David Stockdale 7210 Galpin Boulevard
Bill Thibault 11712 Wayzata Boulevard
Stan & Connor Rojian 751 Carver Beach Road
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 March 24, 2008
-City Council Verbatim and Summary Minutes dated March 24, 2008
Receive Commission Minutes:
-Planning Commission Verbatim and Summary Minutes dated March 18, 2008
-Planning Commission Work Session Minutes dated April 1, 2008
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b. Award of Contract: July 4 Fireworks.
Resolution #2008-25:
c. 2008 Street Improvement Project 08-01: Call Assessment
Hearing.
e. Approval of Requests for Liquor Licenses, Chanhassen Rotary Club:
1) Consumption & Display Permit, Tulip Gala, April 26 at the Minnesota Landscape
Arboretum; and
2) Temporary On-Sale License, Chanhassen Fourth of July Celebration, July 3 & 4, City
Center Park.
City Council Summary - April 14, 2008
f. Approval of Arbor Day Poster Contest Winners.
g. Approval of Change to License Name for On-Sale 3.2 Beer License; Rain, Snow, or
Shine, 825 Flying Cloud Drive.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
VISITOR PRESENTATIONS: PRESENTATION OF CARVER COUNTY ECONOMIC
DEVELOPMENT PLAN AS IT RELATES TO CHANHASSEN, JOHN SULLIVAN,
CARVER COUNTY ECONOMIC DEVELOPMENT DIRECTOR.
Kate Aanenson thanked John Sullivan and the Carver County Community Development Agency
for their assistance with the City’s housing section of the comprehensive plan update. John
Sullivan reviewed highlights of the Carver County Economic Development Plan as it relates to
the City of Chanhassen.
AUDUBON CORPORATE CENTER/IDI DISTRIBUTORS, 8301 AUDUBON ROAD,
APPLICANT: EDEN TRACE CORPORATION/IDI DISTRIBUTORS: REQUEST FOR
SUBDIVISION APPROVAL OF 7 ACRES INTO TWO LOTS; SITE PLAN APPROVAL
FOR A 55,200 SQ. FT. 2 STORY OFFICE/WAREHOUSE BUILDING WITH A FUTURE
16,272 SQ. FT. EXPANSION; AND A WETLAND ALTERATION PERMIT TO ALTER
OR FILL WETLANDS ON SITE.
Bob Generous presented the staff report and Planning Commission update on this item. Mayor
Furlong asked for clarification of the cross access agreements. Councilman Litsey asked for an
update on what additionally needed to be done to minimize the impacts to the wetlands.
Councilwoman Tjornhom asked staff to address the discrepancy in the number of required
overstory trees to the number proposed and clarify the number of parking lot islands. The
applicant, Mark Undestad with Eden Trace addressed what’s currently happening with the lot to
the north of this site. After comments from the council, the following motions were made.
Resolution #2008-26: Councilwoman Tjornhom moved, Councilman McDonald seconded
that the City Council approves the subdivision (preliminary and final plat) creating one lot
and one outlot and right-of-way for Audubon Road, plans prepared by McCombs Frank
Roos Associates, Inc, dated 02/15/08, revised 04/04/08, subject to the following conditions:
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1.Lot 1as shown in the preliminary plat, shall be designated as Outlot A until the ultimate
development of the lot is determined and a revised grading plan submitted that shows the
wetland impacts.
2.The applicant shall use BWSR U8 in all graded areas along the eastern property line.
3.Existing City boulevard trees will be protected with fencing during all phases of
construction. The applicant will be responsible for replacing any trees that die as a result
of construction activity.
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City Council Summary - April 14, 2008
4.The north lot will be required to provide buffer yard and parking lot landscaping as
required by ordinance at the time of site plan approval.
5.All trees on the north lot within the wetland buffer and setback shall be preserved until a
final grading plan is approved for the lot. The developer shall work with staff as part of
the development of the site to preserve these trees through revised grading and the use of
retaining walls.
6.A wetland buffer 20 feet in width and a 30-foot setback from the wetland buffer must be
maintained around all wetlands on the property. Secondary structures are allowed to
encroach up to 50% of the setback. It appears that the retaining wall has exceeded the
allowed encroachment and needs to be moved out of this 15-foot setback. Wetland buffer
areas shall be preserved, surveyed and staked in accordance with the City’s wetland
ordinance. The applicant must install wetland buffer edge signs, under the direction of City
staff, before construction begins and must pay the City $20 per sign.
7.The retaining wall needs to be moved so that it is at least 15 feet from the edge of the buffer
or 35 feet from the wetland edge.
8.A NPDES Phase II Construction Site Storm Water Permit will be required from the
Minnesota Pollution Control Agency (MPCA) for this site.
9.The proposed storm water pond shall be constructed prior to disturbing upgradient areas
and used as a temporary sediment basin during mass grading. Diversion berms/ditches
may be needed to divert water to the pond and a temporary pond outlet shall be provided.
The outlet could be a temporary perforated standpipe and rock cone. The plans shall be
revised to include a detail for the temporary pond outlet.
10.A detailed construction plan needs to be created for the pond construction which shows
how water quality of the existing pond and adjacent water body will be protected. At a
minimum, this must show how the pond will be dewatered and what best management
practices will be employed.
11.All silt fence that is not laid parallel to the contours shall have J Hooks installed every
50-75 feet.
12.A stable emergency overflow (EOF) for the stormwater pond shall be provided. The
EOF could consist of riprap and geotextile fabric or a turf reinforcement mat (a
permanent erosion control blanket). A typical detail shall be included in the plan. The
overland route from the EOF to the existing wetland shall be shown on the plans and
shall be encumbered by a drainage and utility easement.
13.Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All
exposed soil areas shall have temporary erosion protection or permanent cover year
round, according to the following table of slopes and time frames:
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City Council Summary - April 14, 2008
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.
14.Inlet protection may be needed prior to installation of the castings for the curbside catch
basins. In that case, all storm sewer inlets shall be protected by at least fabric draped
over the manhole with a steel plate holding the fabric in place.
15.At this time, the estimated total SWMP fee, due payable to the City at the time of final plat
recording, is $59,365.80.
16.The applicant shall apply for and obtain permits from the appropriate regulatory agencies
(e.g., Minnesota Pollution Control Agency, Minnesota Department of Natural Resources
(for dewatering)) and comply with their conditions of approval.
17.Full park fees in lieu of parkland dedication and/or trail construction shall be collected as
a condition of approval for this subdivision. The park fees shall be collected in full at the
rate in force upon final plat submission and approval.
18.Approval of the subdivision in no way should convey to the applicant, the land owner or
any subsequent owners and occupants approval of the wetland impacts indicated within
Wetland 2 as shown on the conceptual grading plan or any other wetland impacts
resulting from the development of this parcel. Any grading which, as a result of the
development of Lot 1, occurs on Lot 2 must provide sediment and erosion control best
management practices to protect the wetland and the buffer area.
19.No burning shall be issued for trees to be removed. Trees and shrubs must be removed
from site or chipped.
20.Remove all existing structures prior to the commencement of grading.
21.This site must be mass graded to minimize future truck traffic upon completion of the
southern parcel. A 20-foot buffer is required around the wetland on the northern parcel to
prevent grading from taking place. Please revise the grading plan and show silt fence in
this location so the contractor can determine the grading limits. Also, the building pad
elevation of the northern parcel shall be lowered to an elevation of 952 to minimize the
impacts to the wetland.
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City Council Summary - April 14, 2008
22.The grading plan needs to be revised. The proposed contours on the northern property
need to be revised showing the wetland buffer of 20 feet. Show the existing conditions
within 100 feet of the property line.
23.Normal water level of the existing wetlands should be shown on the plan. Also, include
the normal water level and high water level of the revised pond. Show emergency
overflows on the plan. Keep a minimum of 2 percent slope in the grass areas, 1 percent
in the pavement areas, and .5 percent along the curb lines.
24.Development of the northern parcel will require a stormwater pond to treat the water
prior to discharge into the wetland. This pond should discharge to the wetland northeast
of the site.
25.Revise the drainage calculations. The existing drainage map should include three areas:
One area discharges to the northern wetland, one to the eastern wetland and one to the
existing pond. Revise the calculations to show the pre- and post-development peak
discharge into the northern and eastern wetland. Post-development peak discharges must
remain less than pre-development peak discharges for the 2-, 10-, and 100-year storm
events. Drainage calculations must be signed by a Professional Engineer registered in the
State of Minnesota.
26.Rational method calculations, including drainage map, must be provided for the sizing of
the storm sewer.
27.If importing or exporting material for development of the site is necessary, the applicant
will be required to supply the City with detailed haul routes.
28.Building permits are required for all retaining walls four feet tall or higher and must be
designed by a Structural Engineer registered in the State of Minnesota. Additional top
and bottom elevations should be added to the retaining wall.
29.All of the utilities within the boundary should be privately owned and maintained. These
utilities must be covered by a cross-access agreement. The proposed watermain
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connection into Chanhassen Lakes Business Park 7 Addition must wet tap the existing
watermain.
30.Utility plans shall show both plan view and profiles of all utilities (sanitary sewer, water,
and storm sewer lines).
31.Determine actual elevations of existing utilities. A minimum vertical separation of 18
inches is required at all storm, sanitary, and watermain crossings. Provide details of each
crossing to ensure minimum separation.
32.Each new lot is subject to the sanitary sewer and water hookup charges. Lot 1, Block 1
will get credit for 8 trunk sanitary sewer charges. Lot 2 will get credit for 15 trunk
sanitary sewer charges. No trunk water charges have been paid. The 2008 trunk hookup
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City Council Summary - April 14, 2008
charge is $1,769 for sanitary sewer and $4,799 for watermain. Sanitary sewer and
watermain hookup fees may be specially assessed against the parcel at the time of
building permit issuance. All of these charges are based on the number of SAC units
assigned by the Met Council and are due at the time of building permit issuance.
33.All of the utility improvements are required to be constructed in accordance with the
City's latest edition of Standard Specifications and Detail Plates. The applicant is also
required to provide the City with the necessary financial security in the form of a letter of
credit or cash escrow in the amount of $13,200.00 to guarantee the installation of the
pond, erosion control, and seeding. The applicant must also notify the City after
installation of the erosion control and 48 hours prior to the commencement of grading.
Permits from the appropriate regulatory agencies will be required, including the MPCA
and the Dept. of Health.
34.Easements are required to provide access to Lot 1, Block 1. A private drive easement
will be required to provide access to Lot 1, Block 1 off of Audubon Road. An additional
private easement will be required to provide truck access through Chanhassen Lakes
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Business Park 7 Addition and up to Lot 1, Block 1. The easements for the gas line and
power line must be shown on the plat. No work will be allowed in this area without the
approval of the owner of the easement. A drainage and utility easement will be required
over the proposed pond for Lot 2, Block 1. Also, a temporary drainage and utility
easement should be placed on the entire Lot 1, Block 1 until the time of final plat of this
parcel. Provide location and easement for pond access.
35.Shift proposed drive off of Audubon Road so that the center of the driveway is located 70
feet north of the Kingdom Hall drive. Due to limited site distance, this driveway location
will be limited to passenger vehicles only. Truck-trailer access must be provided to Lot
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1, Block 1 through Chanhassen Lakes Business Park 7 Addition.
36.The boundary survey and preliminary plat need to be revised. Add existing conditions
and property lines within 100 feet of the boundary. Also, the legal description does not
match the bearings on the preliminary plat.
37.Upon completion of the public street, the applicant shall submit a set of “as-built” plans
signed by a professional engineer.
38.Collector and Arterial Roadway Traffic Impact Zone fees will be collected with the final
plat. The fee will be based on the commercial rate of $3,600 per developable acre.
39.All outstanding assessments must be paid prior to final plat.”
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
Councilwoman Tjornhom moved, Councilman McDonald seconded that the City Council
approves the Site Plan for IDI Distributors for a 71,500 square-foot, two-story, office-
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City Council Summary - April 14, 2008
warehouse building to be built in two phases, plans prepared by Houwman Architects,
dated 01-24-08, revised 03-05-08 and 04-04-08, subject to the following conditions:
1.The applicant shall enter into a site plan agreement with the City and provide the
necessary security to guarantee erosion control, site restoration and landscaping.
2.The development shows metal halide lighting which must be revised to high-pressure
sodium vapor. All light fixtures shall be shielded.
3.The developer shall provide a sidewalk connection from the site to the trail on Audubon
Road. Pedestrian ramps shall be provided at all curb cuts.
4.The future building expansion shall continue the same architectural detailing of the first
phase of the building.
5.The applicant shall meet minimum requirements in all bufferyard areas.
6.The applicant shall plant three boulevard trees along Audubon Road in the empty spaces
created by entry drive rearrangements.
7.The applicant shall meet minimum requirements for parking lot trees.
8.The future expansion area will be seeded with a fescue mix and planted with bare root
aspens, or other trees as approved by the City, at a spacing of 15 feet. These trees may be
removed with no penalty when the expansion is needed.
9.The applicant shall use BWSR U8 in all graded areas along the eastern property line.
10.Existing City boulevard trees will be protected with fencing during all phases of
construction. The applicant will be responsible for replacing any trees that die as a result
of construction activity.
11.A wetland buffer 20 feet in width and a 30-foot setback from the wetland buffer must be
maintained around all wetlands on the property. Secondary structures are allowed to
encroach up to 50% of the setback. It appears that the retaining wall has exceeded the
allowed encroachment and needs to be moved out of this 15-foot setback. Wetland buffer
areas shall be preserved, surveyed and staked in accordance with the City’s wetland
ordinance. The applicant must install wetland buffer edge signs, under the direction of City
staff, before construction begins and must pay the City $20 per sign.
12.The retaining wall needs to be moved so that it is at least 15 feet from the edge of the buffer
or 35 feet from the wetland edge.
13.A NPDES Phase II Construction Site Storm Water Permit will be required from the
Minnesota Pollution Control Agency (MPCA) for this site.
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City Council Summary - April 14, 2008
14.The proposed storm water pond shall be constructed prior to disturbing upgradient areas
and used as a temporary sediment basin during mass grading. Diversion berms/ditches
may be needed to divert water to the pond and a temporary pond outlet shall be provided.
The outlet could be a temporary perforated standpipe and rock cone. The plans shall be
revised to include a detail for the temporary pond outlet.
15.A detailed construction plan needs to be created for the pond construction which shows
how water quality of the existing pond and adjacent water body will be protected. At a
minimum, this must show how the pond will be dewatered and what best management
practices will be employed.
16.All silt fence that is not laid parallel to the contours shall have J Hooks installed every
50-75 feet.
17.A stable emergency overflow (EOF) for the stormwater pond shall be provided. The
EOF could consist of riprap and geotextile fabric or a turf reinforcement mat (a
permanent erosion control blanket). A typical detail shall be included in the plan. The
overland route from the EOF to the existing wetland shall be shown on the plans and
shall be encumbered by a drainage and utility easement.
18.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.
19.Inlet protection may be needed prior to installation of the castings for the curbside catch
basins. In that case, all storm sewer inlets shall be protected by at least fabric draped
over the manhole with a steel plate holding the fabric in place.
20.The applicant shall apply for and obtain permits from the appropriate regulatory agencies
(e.g., Minnesota Pollution Control Agency, Minnesota Department of Natural Resources
(for dewatering)) and comply with their conditions of approval.
21.A 3-foot clear space shall be maintained around the circumference of fire hydrants except
Section 508.5.5 MSFC.
as otherwise required or approved
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City Council Summary - April 14, 2008
22.Post fences, vehicles, growth, trash, storage, and other materials shall not be placed or
kept near fire hydrants, Fire Department inlet connections or fire protection control
valves in a manner that would prevent such equipment or fire hydrants from being
immediately discernable. The Fire Department shall not be deterred or hindered from
Section 508.5.4
gaining immediate access to fire protection equipment or fire hydrants.
MSFC.
23.No burning shall be issued for trees to be removed. Trees and shrubs must be removed
from site or chipped.
24.Fire apparatus access roads and water supply for fire protection is required to be installed.
Such protection shall be installed and made serviceable prior to and during the time of
construction except when approved alternate methods of protection are provided.
25.Yellow curbing and no parking fire lane signs will be required. The developer shall
contact the Chanhassen Fire Marshall for exact location of yellow curbing and locations
of signs to be installed.
26.Dumpsters, if placed outside, shall be properly screened.”
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
Councilwoman Tjornhom moved, Councilman McDonald seconded that the City Council
approves the Wetland Alteration Permit for the grading and filling of wetlands on the site,
plans prepared by , dated received February 29, 2008, revised 04/04/08, subject to the
following conditions:
1.The applicant shall produce an Application for Withdrawal of Wetland Credits and a
purchase agreement for the application to be considered complete. Upon receipt of this
information, a notice of application will be sent to the required recipient list and
comments must be accepted for at least 14 days. At the end of the comment period, a
decision on the proposed impacts and mitigation can be finalized. It appears that
sequencing flexibility would be applicable to this wetland.
2.A wetland buffer 20 feet in width and a 30-foot setback from the wetland buffer must be
maintained around all wetlands on the property. Secondary structures are allowed to
encroach up to 50% of the setback. It appears that the retaining wall has exceeded the
allowed encroachment and needs to be moved out of this 15-foot setback. Wetland buffer
areas shall be preserved, surveyed and staked in accordance with the City’s wetland
ordinance. The applicant must install wetland buffer edge signs, under the direction of City
staff, before construction begins and must pay the City $20 per sign.
3.The retaining wall needs to be moved so that it is at least 15 feet from the edge of the buffer
or 35 feet from the wetland edge.
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City Council Summary - April 14, 2008
4.That portion of the wetland buffer adjacent to the proposed earthwork shall be planted in a
suitable native seed mix.
5.As the area at the toe of the retaining wall is unlikely to be mowed, a suitable BWSR
seed mix shall be used below the retaining wall within the area to be graded.
6.Approval of the subdivision in no way should convey to the applicant, the land owner or
any subsequent owners and occupants approval of the wetland impacts indicated within
Wetland 2 as shown on the conceptual grading plan or any other wetland impacts
resulting from the development of this parcel. Any grading, which as a result of the
development of Lot 2 occurs on Lot 1 (Outlot A), must provide sediment and erosion
control best management practices to protect the wetland and the buffer area.
7.In order for any impacts to occur on the northern parcel, Lot 1 (Outlot A), a detailed site
plan and wetland application would need to be submitted. With this submittal, a
thorough discussion of sequencing considerations for wetland avoidance and/or impact
minimization is required.
8.The applicant needs to show that the wetland was avoided or provide documentation
indicating why wetland avoidance is not possible. If wetland avoidance was shown to the
satisfaction of the Local Government Unit to not be possible, the applicant would need to
show that the impacts were minimized to the greatest extent practicable.
9.No impacts are indicated for Wetland 3 and a no net loss decision will be rendered for
this area.”
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
APPOINTMENTS TO COMMISSIONS.
Mayor Furlong reviewed the council’s
appointments to the various commissions.
Mayor Furlong moved, Councilwoman Ernst seconded to make the following commission
appointments:
Park and Recreation Commission (3 Year Term):
Glenn Stolar, Steve Scharfenberg and
Scott Wendt.
Environmental Commission (3 Year Term):
J. Richard Relick and Beverly Foster.
Senior Commission (3 Year Term):
Carol Buesgens and Fred Prinz.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
COUNCIL PRESENTATIONS:
None.
ADMINISTRATIVE PRESENTATIONS:
Todd Gerhardt provided an update on the first
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annual ChanJam, battle of the bands, that was held on Friday, April 11. Relating to Lake Ann
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City Council Summary - April 14, 2008
Park, he updated the council on the progress of the new ballfield lighting and construction of the
new park shelter.
CORRESPONDENCE DISCUSSION:
Councilwoman Ernst asked for clarification of a check
written to Environmental Performance. Todd Gerhardt stated he would pull that check and get
additional information.
Councilwoman Ernst moved, Councilman Litsey 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 8:00 p.m.
Submitted by Todd Gerhardt
City Manager
Prepared by Nann Opheim
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