CC SUM 2009 01 26
CHANHASSEN CITY COUNCIL
REGULAR MEETING
SUMMARY MINUTES
JANUARY 26, 2009
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, and Councilman McDonald
COUNCIL MEMBERS ABSENT:
Councilwoman Tjornhom
STAFF PRESENT:
Todd Gerhardt, Roger Knutson, Laurie Hokkanen, Kate Aanenson, Paul
Oehme, and Todd Hoffman
PUBLIC ANNOUNCEMENTS: INVITATION TO FEBRUARY FESTIVAL.
Mayor
th
Furlong invited members of the public to the 16 annual February Festival and outlined the
schedule of events.
CONSENT AGENDA: Councilman Litsey moved, Councilwoman Ernst 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 January 10, 2009
-City Council Work Session Minutes dated January 12, 2009
-City Council Verbatim and Summary Minutes dated January 12, 2009
Receive Commission Minutes:
-Planning Commission Verbatim and Summary Minutes dated January 6, 2009
b. Approve City Code Amendment to Chapter 20, Concerning Conditional Use Permit and
Interim Use Permit Standards.
Resolution #2009-03:
c. Fox Hill Project 07-08: Accept Streets and Utilities.
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
VISITOR PRESENTATIONS:
None.
LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE.
Lt. Jim Olson presented the
Sheriff’s Office Area Report, Citation List, crime alert that was issued by Crime Prevention
Specialist Beth Hoiseth, and Community Service Officer Report for the month of December and
year end numbers. He talked about working in cooperation with other local police agencies in
City Council Summary - January 26, 2009
solving area crimes including car thefts, domestic assault incident and safe winter driving. Chief
Gregg Geske reported that the year end call for service numbers were down in 2008 from 2007.
PUBLIC HEARING: 2009 STREET IMPROVEMENT PROJECTS: PUBLIC
HEARING AND AUTHORIZE PREPARATION OF PLANS & SPECIFICATIONS.
Public Present:
Name Address
Wendy E. Thomas 6970 Redwing Lane
Marvin & Sandie Oman 6951 Redwing Lane
Babette & Laverne Wheeler 445 Lakota Lane
th
Jay Kronick 78 West 78 Street
Dave Fabel 7283 Pontiac Circle
Jim Swanson 615 Lakota Lane
Paul Oehme presented the staff report on the cost and scope of the project, the meeting schedule
and assessment methodology. Councilman McDonald asked staff to explain how the pavement
management program works and the cost implications of delaying the project. Councilwoman
Ernst asked about the cost implications of delaying the project 2 years instead of 5 years, if the
estimate costs are figured on past history or actual estimates based on RFP’s sent out today and if
there was anything that could be done to lower the cost to the homeowners. Councilman Litsey
asked about the current bidding climate with contractors. Mayor Furlong asked for clarification
of funding the Lakota Lane road right-of-way expansion for construction of a sidewalk before
opening the public hearing.
Marvin Oman, 6951 Redwing Lane asked for clarification of how the 6% interest rate was
determined and the possibility of locking contractors into a contract price today but delaying the
project for one year. Mayor Furlong read into the record emails received from Ms. Michelson
who lives in the Pontiac Lane area who indicated that the roads are in dire need of repair, they do
want the streets done and had a question about the interest rates; Richard Brown in the Pontiac
area was concerned about the timing of the project due to the current economic situation as well
as questions on some of the water problems and the scope of the project; an email from a Ms.
Smith in the Pontiac Lane area that asked about adding lift rings to man holes and sewer covers
th
at the time that the final wear coat is put down. Jay Kronick, owner of property on West 78
Street where Lotus Lawn and Garden is located, urged council to look at deferring or delaying
the assessment schedule due to the current economic times, whether it’s pushing the project back
a year or two or coming up with some sort of creative alternative to the 8 year, 6% plan. He
stated support for the trail upgrade along Highway 5, and expressed concern with the timing of
the construction interfering with his busy season which is from April through mid-June. Paul
Oehme commented that the staging of the street project in this area should not affect his
business. Mayor Furlong read into the record emails from Mr. Herman at Sign Source located on
Quattro Drive who spoke of the need for only minor repairs along that road stating the level of
traffic was minimal as well as referencing economic conditions with regard to additional
2
City Council Summary - January 26, 2009
financial burden on the property owners; and an email from Mr. Steineker at Berquist Companies
commenting about the desire to have a postponement of the work due to the economy.
Councilman Litsey moved, Councilman McDonald seconded to close the public hearing.
All voted in favor and the motion carried unanimously with a vote of 4 to 0. The public
hearing was closed.
Councilman McDonald asked staff to explain again the issues involved with delaying the project.
Councilwoman Ernst asked if there’s anything contractors can do to lower costs. Mayor Furlong
asked staff to explain the variance in pavement condition index numbers in Area 3, the cost
comparisons between doing a mill and overlay versus reconstruction, and the shelf life of the
plans and specification numbers. After council member comments, the following motion was
made.
Resolution #2009-04: Councilman McDonald moved, Councilwoman Ernst seconded to
adopt the resolution authorizing the preparation of plans and specifications for the 2009
Street Improvement Project 09-01. All voted in favor and the motion carried unanimously
with a vote of 4 to 0.
PUBLIC HEARING: PUBLIC WORKS FACILITY, LOTS 5 AND 6, BLOCK 1,
TH
CHANHASSEN LAKES BUSINESS PARK 5 ADDITION; 7901 PARK PLACE,
APPLICANT: CITY OF CHANHASSEN.
A. CONSIDER VACATION OF DRAINAGE AND UTILITY EASEMENTS.
B. SITE PLAN REVIEW FOR AN 82,500 SQ. FT. BUILDING.
Public Present:
Name Address
Mary Borns 7199 Frontier Trail
Greg Fletcher 7616 South Shore Drive
Pat Neuman 740 Chippewa Circle
Tom Devine 7640 South Shore Drive
Kate Aanenson presented the staff report for the site plan review and vacation request of the
drainage and utility easements. Mayor Furlong asked staff to explain what is being done to
address the issue of storm water drainage off the site. Todd Gerhardt provided background
information on the planning that has taken place for this new public works facility.
Councilwoman Ernst asked for clarification on the location of the underground fuel storage tanks
and outdoor salt storage in relation to the creek and wetlands. Mayor Furlong opened the public
hearing.
Patrick Neuman, 740 Chippewa Circle stated his concern with the impact on Lake Riley Creek
and disrupting wildlife in the area. Tom Devine, 7640 South Shore Drive stated that considering
the current economic environment, concern with the perception and timing of building an $8
3
City Council Summary - January 26, 2009
million dollar facility to store equipment. He suggested looking at the financing to see if bond
interest rates have dropped since last October, the possibility of re-bidding the project with
contractors, and a concern with the environmental impact on Lake Susan. Mary Borns, 7199
Frontier Trail stated she was concerned mostly with the environmental issues i.e. location of the
underground fuel tanks and salt storage in close proximity to Lake Susan and the timing of the
variance requests at the end of the process. Jeff Oertel, the head architect on the project
addressed the issues brought up regarding the safety regulations for the underground fuel tanks,
the cost of remodeling an old building versus new construction, and the quality of storm water
runoff from the site. Mayor Furlong closed the public hearing. After discussion by the council
regarding funding, timing and the variances being requested with the site plan, the following
motions were made.
Resolution #2009-05: Councilman McDonald moved, Councilman Litsey seconded that the
City Council approves a resolution vacating the drainage and utility easements located on
th
Lot 5 and Lot 6 of Chanhassen Lakes Business Park 5 Addition. All voted in favor,
except Councilwoman Ernst who opposed and the motion carried with a vote of 3 to 1.
Councilman McDonald moved, Councilman Litsey seconded that the City Council
approves a site plan for an 82,500 square-foot, one-story office/warehouse building with a
mezzanine storage area and setback variances from the creek and wetland for the parking
lot area, plans prepared by Oertel Architects and the City of Chanhassen, dated 12/05/08,
subject to the following conditions:
1.The developer shall provide exterior benches and/or tables.
2.Signage shall require a separate sign permit review to determine compliance with City
ordinance.
3.The applicant shall mitigate for the lost functions and values of any buffer variance by replacing
an equivalent area of buffer in a location which will provide the maximum water quality benefit.
Preliminary review indicates that area to be northeast of the wetland.
4.The applicant shall restore the stream channel as well as the top of bank and flood plain for
Riley Creek including the removal of any construction and other debris in the area.
5.The applicant shall prepare a vegetation management plan for Riley Creek. This
management plan shall be created in conjunction with the landscaping plan and the
Environmental Resources Specialist and Water Resources Coordinator should be consulted in
the creation of this plan.
6.The applicant will modify the existing NPDES permit to identify the construction manager
for the project.
7.The applicant will provide adequate treatment for drainage directed to the wetland.
4
City Council Summary - January 26, 2009
8.The applicant should look for ways to promote infiltration and incorporate alternative
stormwater management best management practices into the site design and build. One such
measure is the construction of a bio-infiltration feature at the outlet from the drive aisle
northeast of the wetland. Other features to investigate include pervious pavement systems,
cisterns, biofiltration trenches, preservation or re-establishment of vegetation, etc.
9.The final 200 feet of the swale located west of the proposed facility needs to be protected
with Category 2, Wood Fiber 1S Erosion Control Blanket.
10.Those areas to be planted in BWSR seed mix U7 should be seeded at a rate of 15LBS
PLS/acre where PLS means “Pure Live Seed”.
11.The buildings are required to have automatic fire extinguishing systems.
12.Building plans must be prepared and signed by design professionals licensed in the State of
Minnesota.
13.Retaining walls over four feet high must be designed by a professional engineer and a permit
must be obtained prior to construction.
14.The 51-inch and 45-inch oaks located near the northwest and southeast corners of the
building shall be protected by fencing throughout construction.
15.The site plan must show the dimensions of the lots.
16.The northern access must be revised so that the maximum width does not exceed 36 feet.
17.An encroachment agreement is required for the portion of the parking area that lies within the
public right-of-way.
18.If feasible, the runoff from the cold storage area access should be conveyed to the existing
storm sewer.
19.Revised drainage calculations and storm sewer sizing must be submitted to ensure that the
existing downstream infrastructure can accommodate the proposed runoff.
20.An encroachment agreement is required to construct the northern retaining wall within the
drainage and utility easement.
21.The proposed top and bottom of wall elevations must be shown.
22.The drainage and utility easement over the abandoned portion of the sanitary sewer must be
vacated.
23.The existing drainage and utility easements and abandoned utilities must be labeled on the
plan sheet.
5
City Council Summary - January 26, 2009
24.The utility plan must include a note regarding the connection to the existing storm sewer.”
All voted in favor, except Councilwoman Ernst who opposed and the motion carried with a
vote of 3 to 1.
Councilman McDonald moved, Councilman Litsey seconded that the City Council
approvesa conditional use permit for outdoor storage, subject to the following condition:
1.The proposed development must comply with the approved site plan, plans prepared by
Oertel Architects and the City of Chanhassen, dated 12/05/08.”
All voted in favor, except Councilwoman Ernst who opposed and the motion carried with a
vote of 3 to 1.
COUNCIL PRESENTATIONS:
None.
ADMINISTRATIVE PRESENTATIONS:
None.
CORRESPONDENCE DISCUSSION.
None.
Councilwoman Ernst moved, Councilman McDonald 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 9:55 p.m.
Submitted by Todd Gerhardt
City Manager
Prepared by Nann Opheim
6