CC SUM 2008 05 12
CHANHASSEN CITY COUNCIL
REGULAR MEETING
SUMMARY MINUTES
MAY 12, 2008
Mayor Furlong called the meeting to order at 7:10 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, Kate Aanenson, Paul Oehme, and Terry
Jeffrey
PUBLIC PRESENT:
Debbie Anderson 7605 Laredo Drive
Richard A. Wrase 405 Cimarron Lane
Larry J. Anderson 400 Cimarron Circle
Brady Busselman 3201 Brunswick Ave So, St. Louis Park
Max Heitzmann 601 Marquette Ave So, Minneapolis
David Remington 7611 Laredo Drive
Dave Rice 7440 Longview Circle
Janet Paulsen 7305 Laredo Drive
Max Romaraggi 17090 Bain Bridge Drive
Mark Lundgren Carver County
Dennis Hill 7613 Laredo Drive
Gayle Degler 541 Pineview Court
Ann Kleve 7307 Laredo Drive
Rebecca Wurm 2345 Fawn Hill Court
Bryan Wutzke 2280 Melody Hill Road
Deb Lloyd 7302 Laredo Drive
Chris Guerrera 3642 Elmwood Place, Minnetonka
Laurie Engelen Carver County
PUBLIC ANNOUNCEMENTS:
Mayor Furlong asked if there were any modifications to the
agenda as distributed. Councilman Litsey asked to discuss his concern over the movement afoot
at the State level to put restrictions on local budgets under council presentations.
CONSENT AGENDA:Councilwoman Ernst moved, Councilman Litsey seconded that the
City Council approve the following consent agenda items pursuant to the City Manager’s
recommendations:
a. Approval of Minutes:
-City Council Work Session Minutes dated April 28, 2008
-City Council Verbatim & Summary Minutes dated April 28, 2008
City Council Summary - May 12, 2008
Receive Commission Minutes:
-Planning Commission Verbatim & Summary Minutes dated April 15, 2008
Resolution #2008-31:
b. Lyman Boulevard Improvement Project 06-03: Approve Plans &
Specifications, Phase I.
Resolution #2008-32:
c. TH 312 Project 03-09: Adopt Resolution in Support of
Improvements to US Highway 212 from County Road 147 to Norwood-Young America.
Resolution #2008-33:
d. Chanhassen West Business Park, Project 05-15: Accept Streets
and Utilities.
e. Downtown Decorative Lights & Signals: Approve Quote for Painting.
f. Award of Bid, Storage Area Network.
g. Approve Summary Ordinance for Publication Purposes, Chanhassen Gateway.
h. Approve a Name Change in the Chanhassen Crossroads Addition Development Contract
from Kraus Anderson, LLC to Kraus Anderson, Incorporated.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
VISITOR PRESENTATIONS.
None.
PUBLIC HEARING: 2008 STREET IMPROVEMENT PROJECT 08-01:
A. ASSESSMENT HEARING.
B. ACCEPT BIDS AND AWARD CONTRACT.
Paul Oehme provided an overview of the construction project, which included the scope of the
project, finance summary and assessment methodology. Mayor Furlong asked about the addition
of the storm water pond in Kerber Pond Park. The council asked for clarification on the
methodology being used to determine the assessments for residential and non-residential
properties. Councilwoman Tjornhom asked about access to businesses during construction.
Mayor Furlong asked about notification to residents and Councilwoman Ernst asked about how
the city plans to communicate with the residents throughout the project. Councilman McDonald
asked about access for the post office and fire department during construction and hours of
construction operations. Mayor Furlong asked for clarification on the time line for scheduling
and completion of the project. The public hearing was opened. Charles Littfin, 7609 Laredo
Drive noted that the city changed the status of the road in front of his house to a commercial
road, as he had said, which still didn’t help with his assessment amount. He felt that the
commercial businesses weren’t being assessed enough, and added he thinks special assessments
are basically wrong. Janet Paulsen, 7305 Laredo Drive asked for clarification of the amount for
the residential assessment on the northern and southern part of Laredo Drive, noting her
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City Council Summary - May 12, 2008
disagreement with the assessment calculations. Deb Lloyd, 7302 Laredo Drive reiterated what
Janet Paulsen was trying to clarify regarding the residential assessment calculations along with
questioning why the wetland had not been delineated and taken into account with the assessment
amount. Debbie Anderson, 7605 Laredo Drive asked for clarification of the wetland and it’s
affect on the assessment amount, the source for the City’s revolving assessment fund and how
the 6% interest rate was determined. David Remington, 7611 Laredo felt the special
assessments are fundamentally unfair and that the city should look at other options for funding
road projects. Dave Rice, 7440 Longview Circle stated the city should encourage residents to tie
into the drain tile system and suggested a deferred interest repayment plan. David Remington
asked to see the study which determined benefit for assessments. Debbie Anderson asked the
council to take into consideration the difficult housing market and perhaps delaying the project a
year or two until the housing market is better.
Councilwoman Ernst moved, Councilman McDonald seconded to close the public hearing.
All voted in favor and the motion carried unanimously with a vote of 5 to 0. The public
hearing was closed.
After discussion and comments from the council, the following motions were made.
Resolution #2008-34: Councilwoman Tjornhom moved, Councilman Litsey seconded that
the City Council approve the resolution adopting the 2008 Street Improvement Project
assessment roll amended to change December 31, 2008 to December 31, 2009. All voted in
favor and the motion carried unanimously with a vote of 5 to 0.
Resolution #2008-35: Councilwoman Tjornhom moved, Councilman Litsey seconded that
the City Council approve the resolution accepting the bid and awarding the contract to
S.M. Hentges and Sons, Inc. in the amount of $2,442,134.20, base bid plus Alternate No. 3
for the 2008 Street Improvements-Laredo Drive Area, excluding Alternate No. 1 and No. 2.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
(There was a short recess at this point in the meeting.)
PUBLIC HEARING: WALGREENS/RETAIL BUILDING: LOCATED ON THE
SOUTHWEST CORNER OF THE INTERSECTION OF HIGHWAY 41 AND
HIGHWAY 7 (2499 HIGHWAY 7), APPLICANT: ANXON, INC.:
A. PUBLIC HEARING ON VACATION OF DRAINAGE & UTILITY EASEMENT.
B. SITE PLAN REVIEW AND A CONDITIONAL USE PERMIT WITH
VARIANCES FOR THE CONSTRUCTION OF TWO RETAIL BUILDINGS.
Kate Aanenson presented the staff report on the site plan and conditional use permit. Paul
Oehme presented the staff report on the vacation of the drainage and utility easements. Mayor
Furlong asked about the need for replacing the drainage and utility easement. Councilman
Litsey asked about the views from Highway 41, i.e. rooftop equipment, and noted the difficulty
of traffic exiting the site. Mayor Furlong asked how the proposed change in zoning to the
property to the south is affected by the fact that they’re not able to provide access from this site
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City Council Summary - May 12, 2008
due to grades. Councilwoman Ernst asked about noise issues associated with trash pick-up.
Mayor Furlong opened the public hearing on the vacation of the drainage and utility easement.
No one spoke and the public hearing was closed. Mayor Furlong invited public comments
regarding the site plan and conditional use permit. Brian Wutzke, 2280 Melody Hill Road
requested that no LED or lighting be allowed. After comments from the council, the following
motions were made.
Resolution #2008-36: Councilwoman Tjornhom moved, Councilman McDonald seconded
that the City Council approve a resolution vacating ten (10) feet of drainage and utility
easement between Lot 1 and Lot 2, Block 1, Seven Forty One Crossing. 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 two site plans consisting of a 14,490 square-foot retail building containing a
pharmacy with a drive-thru and a 4,500 square-foot retail building and upgrade the façade
of an existing strip mall, Planning Case 08-05, for Seven and Forty One Crossing as shown
in plans dated received March 17, 2008, revised May 1, 2008, and including the attached
Findings of Fact and Recommendation, subject to the following conditions:
Conditions common to both site plans:
1.All site improvements, including the building pad for the future retail building and
remodeling of the existing strip mall, must be constructed concurrently.
2. If importing or exporting of material for development of the site is necessary, the applicant
will be required to supply the City with detailed haul routes.
3.Work with staff to develop additional treatment of stormwater for this site.
4.Revise the drainage calculations. The drainage calculations state an assumption of off-site
runoff without information as to how the assumption was made. E4 is shown in the rational
method calculations but is not shown on the drainage maps. Darken drainage boundaries so
that the map is easier to follow. Also, the pond south of this site has an additional inlet and
outlet that are not shown on the plan The pre-development runoff rates must be maintained
post-development for a 2-, 10-, and 100-year storm event.
5.All of the utilities within the boundary should be privately owned and maintained. These
utilities must be covered by a cross-access agreement.
6.Determine actual elevations of existing utilities. The ductile iron watermain must be poly
wrapped.
7.Each new building is subject to sanitary sewer and water hookup charges. Lot 1, Block 1,
Seven Forty One Crossing will get credit for three trunk sewer and water charges. The 2008
trunk hookup charge is $1,769 per unit for sanitary sewer and $4,799 per unit for watermain.
Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the
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City Council Summary - May 12, 2008
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.
8.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 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.
9.The construction details shown on the plan must be updated to the 2008 City of Chanhassen
Specifications.
10.The applicant shall submit a set of “as-built” plans signed by a professional engineer upon
completion of the construction of the site.
11.Fire Marshal Conditions:
a)A PIV (Post Indicator Valve) is not required.
b)As building plans are submitted I will review and comment on them as necessary.
c)Contact Chanhassen Fire Marshal for location of “No Parking Fire Lane” signs and
Per MSFC Sec. 503.3
curbing to be painted yellow.
d)A 3-foot clear space shall be maintained around the circumference of fire hydrants except
Per MSFC Sec. 508.5.5
as otherwise required or approved. .
e)Posts, 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
discernible. The fire department shall not be deterred or hindered from gaining
Per MSFC Sec. 508.5.4
immediate access to fire protection equipment or fire hydrants.
12.Building Official Conditions:
a)The buildings are required to have automatic fire extinguishing systems.
b)Building plans must be prepared and signed by design professionals licensed in the State
of Minnesota.
c)Retaining walls over four high must be designed by a professional engineer and a permit
must be obtained prior to construction.
d)Of the 234 parking spaces proposed a minimum of seven must be handicap accessible
with two of the seven “van-accessible”.
e)Detailed occupancy related requirements will be addressed when complete building plans
are submitted.
f)The owner and or their representative shall meet with the Inspections Division as soon as
possible to discuss plan review and permit procedures.
13.The applicant shall enter into a site plan agreement with the city and provide the necessary
financial securities as required for landscaping.
14.The minimum depth of all recessed walls is four inches.
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City Council Summary - May 12, 2008
15.Rooftop equipment and mechanical equipment are not shown on the plans. All equipment
must be screened from views.
16.Approval of the site plan is contingent upon approval of the vacation, conditional use permit
and administrative subdivision.
17.All monument signs may not exceed 24 square feet in area and 5 feet in height. The logo may
not occupy more than 15% of the sign area.
18. Wall-mounted signs shall meet ordinance requirements
19.Sufficient lighting shall be provided to illuminate all areas of the parking lot to provide
adequate levels of safety. The ordinance requires no more than 0.5 foot candle at the
property line. Light fixtures and site lighting plans shall meet ordinance requirements.
20.Environmental Resource Specialist Conditions:
a.Applicant shall increase landscape plantings to meet minimum requirements. A
revised landscape plan shall be submitted to the City prior toissuance of a building
permit.
b.All landscape islands shall have a minimum inside width of 10 feet.At least one
additional landscaped island or peninsula is needed in the parking lot.
c.Approval of clearing limits along the west property line must be given by the city
before any trees are removed.
d.Existing trees on the west property line shall be removed only within the proposed
grading limits. No proposed landscape material will be allowed to be planted within
the existing wooded area unless approved by the City. Planting locations must be
field located.
21.Water Resource Coordinator Conditions:
a.A rainwater garden shownin the northwest corner of the propertyshall include the
following design parameters: The Erosion Control/SWPPP Plan and Landscape Plan
s:
shall be modified per this the followingrequirement
1.Underdrain shall be installed and connected to the proposed stormwater
conveyance system;
2.Engineered soils shall be incorporated into the raingarden per the 2005
Minnesota Stormwater Manual unless soil borings are provided for this area
indicating appropriate soils for infiltration already exist;
3.Deep rooted plants shall be used in the raingarden;
4.The feature shall drain within 48 hours and shall not exceed 18 inches of
inundation;
5.The raingarden area shall be protected so as to preclude the operation of heavy
equipment in the area.
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City Council Summary - May 12, 2008
b.The applicant shall apply for and obtain permits from the appropriate regulatory
agencies and comply with their conditions of approval.
22.
The proposed trail in MnDOT right-of-way will require a limited use permit (LUP) from
Also, the
MnDOT. This permit must be secured by the developer prior to construction.
applicant shall provide a pedestrian connection from the trail to the interior of the
development.
23.Upgrade of the building façade of the existing strip mall shall occur prior to issuance of a
certificate of occupancy of either of the new buildings.
Conditions specific to individual sites:
Retail Building (Walgreens) with an area of 14,490 square feet located on Lot 1, Block 1:
1.Remove the multiple tenant building to be demolished prior to commencement of grading.
2.The grading plan needs to be revised Normal water level of the existing pond should be
shown on the plan. Existing contour information should be shown 100’ north of the site.
Show emergency overflows on the plan. A benchmark shall be added to the grading plan.
Keep a minimum 2% slope in the grass areas, 1% in the pavement areas, and .5% along the
curb lines.
3.The applicant shall provide the City the necessary financial security in the form of a letter of
credit or cash escrow in the amount of $12,000.00 to guarantee the installation of the
stormwater treatment, erosion control, and seeding.
4.Revise the plans to reflect a maximum hard surface coverage of 65%.
5.The overhead door along the south elevation shall be redesigned to reflect a door design
th
similar to those located on the north elevation of the Walgreens building located on West 79
Street.
6.The applicant shall revise the plans to reflect the reduction in the size of the trash enclosure
from 50 feet to 19 feet in width.
Retail Building with an area of 4,500 square feet located on Lot 2, Block 1:
1.The grading plan needs to be revised. Normal water level of the existing pond should be
shown on the plan. Show emergency overflows on the plan. A benchmark shall be added to
the grading plan. Keep a minimum 2% slope in the grass areas, 1% in the pavement areas,
and .5% along the curb lines.
2.The retaining wall located east of the future retail building shall be constructed at the time of
the construction of the building. This will help minimize the size of the retaining wall if a
smaller building than proposed is constructed. Building permits are required for all retaining
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City Council Summary - May 12, 2008
walls four feet tall or higher and must be designed by a Structural Engineer registered in the
State of Minnesota.
3.The applicant shall provide the City the necessary financial security in the form of a letter of
credit or cash escrow in the amount of $4,000.00 to guarantee the installation of the
stormwater treatment, erosion control, and seeding.
4.Approval of the site plan is contingent upon approval of Conditional Use Permit 05-05.
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 Conditional Use Permit 08-05, to allow two buildings on a single lot, and
including the attached Findings of Fact and Recommendation, with the following condition:
1. Approval of the conditional use permit is contingent upon approval of the vacation, site
plan and administrative subdivision.”
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
CARVER COUNTY SERVICE CENTER, LOCATED AT 7808 KERBER BOULEVARD,
APPLICANT, CARVER COUNTY: REQUEST FOR SITE PLAN APPROVAL FOR A
13,260 SQUARE FOOT, TWO STORY OFFICE BUILDING.
Kate Aanenson presented the staff report and Planning Commission update for this item.
Councilwoman Tjornhom asked about pedestrian access to the building, and clarification of the
location and traffic circulation for the drive thru. Steve Taylor with Carver County described the
type of services that will be offered through the drive thru window and the work that was done to
find a location in Chanhassen. Gayle Degler, the county commissioner representing the city of
Chanhassen, invited the council to the ground breaking ceremony that will be held on Tuesday,
th
May 20 at 2:00. Following comments from the council, the following motion was made.
Councilwoman Tjornhom moved, Councilman McDonald seconded that the City Council
approve Planning Case #08-09 for Site Plan Approval for a 13,260 square-foot, two-story
office building, plans prepared by Bentz/Thompson/Rietow, Inc., dated March 14, 2008
(stamped received March 31, 2008), subject to the following conditions:
1.Wood chip mulch area will be extended in the northwest corner of the site. The proposed
turf area under the tree in the corner peninsula will be removed. If desired, a single strip of
sod may be placed along the curb line of the peninsula.
2.The building is required to have automatic fire extinguishing systems.
3.Building plans must be prepared and signed by design professionals licensed in the State of
Minnesota.
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City Council Summary - May 12, 2008
4.Retaining walls over four feet high must be designed by a professional engineer and a permit
must be obtained prior to construction.
5.One (1) “van-accessible” parking space is required.
6.Additional window area shall be installed in the break room in the southeast corner of the
building.
7.Signage shall be permitted on two building elevations only.
8.Staff recommends that the curb line north of the drive-thru be shifted to the east to provide
for additional vehicle stacking.
9.Staff recommends that manhole 4A be shifted into the curb line and replaced with a catch
basin to capture additional runoff from the parking lot.
10.The developer’s contractor must contact the Engineering Department a minimum of two
business days prior to connecting to the public storm sewer.
11.An encroachment agreement is required for the retaining walls.
12.The developer must ensure that the “no build easements” noted on the Certificate of Survey
will allow for the construction of parking lots and retaining walls.
13.City trunk sanitary sewer and water hook-up fees and the MCES SAC fee are due with the
building permit. The 2008 rates are $4,799/unit for City water, $1,769/unit for City sanitary
sewer and $1,900/unit for the MCES SAC. These fees are based on the number of SAC units
as determined by Met Council.
14.The Certificate of Survey must be signed.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
COUNCIL PRESENTATIONS:
Councilman Litsey expressed concern over what’s going on
in the legislature in terms of their negotiations over the budget, specifically the proposal by the
Governor and some of the members of the legislature that would put a state imposed cap on local
property taxes. He asked for feedback from fellow council members who agreed in principle
with him but did not feel they had enough information to formally vote on the issue.
ADMINISTRATIVE PRESENTATIONS:
Todd Gerhardt reviewed the Arbor Day events,
st
and reminded residents that the watering restrictions began on May 1.
CORRESPONDENCE DISCUSSION.
The correspondence packet was amended to include
Councilman Litsey’s email regarding items being discussed at the legislature.
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City Council Summary - May 12, 2008
Councilwoman Ernst moved, Councilwoman Tjornhom 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 10:15 p.m.
Submitted by Todd Gerhardt
City Manager
Prepared by Nann Opheim
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