CC SUM 2009 05 26
CHANHASSEN CITY COUNCIL
REGULAR MEETING
SUMMARY MINUTES
MAY 26, 2009
Deputy Mayor Tjornhom called the meeting to order at 7:00 p.m. The meeting was opened
with the Pledge to the Flag.
COUNCIL MEMBERS PRESENT:
Deputy Mayor Tjornhom, Councilman Litsey,
Councilwoman Ernst and Councilman McDonald
COUNCIL MEMBERS ABSENT:
Mayor Furlong
STAFF PRESENT:
Todd Gerhardt, Elliott Knetsch, Laurie Hokkanen, Paul Oehme, Todd
Hoffman and Kate Aanenson
PUBLIC ANNOUNCEMENTS:
Deputy Mayor Tjornhom presented a Certificate of
Appreciation to Dan Campion for his public service on the Park and Recreation Commission,
and a Maple Leaf Award to Ron Olsen for his public service on the Environmental Commission.
CONSENT AGENDA: Councilwoman Ernst moved, Councilman Litsey seconded to
approve the following items pursuant to the City Manager’s recommendations:
a. Approval of Minutes:
-City Council Work Session Minutes dated May 11, 2009
-City Council Verbatim and Summary Minutes dated May 11, 2009
Receive Commission Minutes:
-Planning Commission Verbatim and Summary Minutes dated May 5, 2009
-Park and Recreation Commission Verbatim and Summary Minutes dated April 28, 2009
Resolution #2009-41:
b. Sealcoat Project 09-05: Approve Quotes.
c. Dell Road Mill and Overlay Project: Approve Joint Powers Agreement with the City of
Eden Prairie.
Resolution #2009-42:
d. Gateway North, Project 06-10: Accept Streets and Utilities.
Resolution #2009-43:
e. Public Works Salt Storage Facility: Approve Quotes.
f. Lake Minnewashta Fireworks Committee: Approve Fireworks Permit for July 4.
g. Ambrosen-Senn Hardcover Surface Variance: Approval of Time Extension to Remove
and Revegetate Area and Submittal of As-Built Survey.
City Council Summary - May 26, 2009
h. Chanhassen Rotary Club: Approval of Temporary Consumption and Display Permit,
Community Bank Customer Appreciation Celebration, July 2.
Resolution #2009-44:
i. Tax Forfeited Lands: Approve Purchase of Lot 643, Carver
Beach; Lot 673, Carver Beach, Outlot A, Country Oaks; and Outlot C, Mission Hills.
Resolution #2009-45:
j. Resolution Accepting the Donation of the Veterans Monument
from Chanhassen American Legion Post 580.
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 informed the
council of some recent burglaries that have occurred over the past month, strongly encouraging
residents to close their garage doors and lock their doors. He also discussed a problem around
the metro area with thefts of expensive alcohol from liquor stores and asked motorists to slow
down with school ending soon for the summer. Councilman Litsey asked for an update on the
school liaison position beginning in the fall when the new high school opens. Chief Geske was
on a call with the fire department.
7470 CHANHASSEN ROAD, APPLICANT/OWNER JOHN COLFORD: APPEAL
DECISION OF THE ZONING BOARD OF ADJUSTMENTS AND APPEALS
REGARDING MULTIPLE DWELLINGS ON A SINGLE LOT ON PROPERTY ZONED
SINGLE FAMILY RESIDENTIAL (RSF).
Kate Aanenson presented the staff report and Planning Commission update on this item.
Commissioner McDonald asked for clarification of when and how the two structures were built
on two lots and later combined into one lot. Councilwoman Ernst asked why the City does not
have records of the houses being built or the two lots being combined and staff’s comment
regarding remodeling of the existing home. The applicant, John Colford explained the rationale
for his proposal to reduce the number of non-conforming dwelling units on the property from 3
to 2, eliminate the non-conforming setback to the north, and eliminate the non-conforming hard
cover and bring that into conformity. Councilman Litsey asked the applicant if he did his due
diligence with the City prior to buying this piece of property. Councilman McDonald asked for
clarification of the financial impact of tearing down Building B and elaborated on the applicant
doing his due diligence in researching what was allowed on this property. After discussion and
comments from council members, the following motion was made.
Councilman Litsey moved, Councilman McDonald seconded that the City Council affirms
the Planning Commission and staff’s interpretation of Planning Case 09-05 for the
property described as Lots 6 and 7, Sunset View Addition for the regulation regarding
multiple dwelling units on a single family lot and requires the applicant to remove
buildings A and B in order to build a larger dwelling unit and combine Lots 6 and 7 into a
single zoning lot. All voted in favor and the motion carried unanimously with a vote of 4 to
0.
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City Council Summary - May 26, 2009
POWERS CROSSING PROFESSIONAL CENTER: OUTLOT A, BUTTERNUT RIDGE
(SOUTHEAST CORNER OF POWERS BOULEVARD AND HIGHWAY 212);
APPLICANTS: UNITED PROPERTIES, LLC/TIMOTHY AND DAWNE ERHART.
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REQUEST FOR A CONDITIONAL USE PERMIT WITH VARIANCES FOR
DEVELOPMENT IN THE BLUFF CREEK CORRIDOR;
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SUBDIVISION INTO ONE LOT, OUTLOTS AND DEDICATION OF PUBLIC
RIGHT-OF-WAY;
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REZONING FROM AGRICULTURAL ESTATE (A2) TO OFFICE/
INSTITUTIONAL (OI);
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SITE PLAN REVIEW WITH VARIANCES FOR A TWO-PHASE, THREE-
STORY, 160,000 SQUARE FOOT PROFESSIONAL CENTER; UP TO A 731
STALL, FIVE LEVEL PARKING RAMP; AND SIGNAGE.
Kate Aanenson presented the staff report and Planning Commission update on this item. Bill
Katter with United Properties provided background information on United Properties and their
plans for this development. Councilman McDonald asked if the plans would change for a
corporate use rather than Fairview Southdale Hospital. Councilman Litsey asked for
clarification about how the mitigation plan for the Bluff Creek Overlay is going to accommodate
the storm water runoff. Deputy Mayor Tjornhom asked staff to discuss how the city is
encouraging developers to use green building rating standards provided by the Leadership in
Energy and Environmental Design (LEED) in their design and construction. Deputy Mayor
Tjornhom opened up the meeting for public comment. No one spoke. After councilmember
comments, the following motions were made.
Councilman McDonald moved, Councilwoman Ernst seconded that the Chanhassen City
Council approves the Rezoning of Lot 1, Block 1, from Agricultural Estate District, A2, to
Office & Institutional District, OI. All voted in favor and the motion carried unanimously
with a vote of 4 to 0.
Councilman McDonald moved, Councilwoman Ernst seconded that the Chanhassen City
Council approves the Conditional Use Permit with Variances to encroach into the primary
zone and required buffer for development in the Bluff Creek Corridor; subject to the
following conditions:
1.The property line may be revised to incorporate the reconveyed property from MnDOT to the
developer.
2.The developer is encouraged tomeet design and construction standards that would lead to, at
a minimum, certification by the Leadership in Energy and Environmental Design (LEED)
Green Building Rating System by the U.S. Green Building Council, or comply with the
Minnesota Sustainable Building Guidelines (MSBG).
3.To mitigate for the effects of development within the primary corridor, the developer should
be encouragedto meet green construction standards for the whole site.
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City Council Summary - May 26, 2009
4.All openings created in the wooded areas on the east and south sides of the development shall
be reforested with native tree species. Planting stock sizes may be variable. Species selected
must be from the Bluff Creek Management Plan native plant list. These areas shall not be
mowed or managed as turf areas.
5.Evaluate other site designs, stormwater management techniques and low-impact development
practices for their benefit in reducing impacts to the primary and secondary zones of the
Bluff Creek Overlay District.
6.Reforest those areas disturbed to grade the site but do not have structures on them. The
reforestation should be done with deciduous tree species representative of the existing
species composition. The forested areas are dominated by bur oak.
7.Maintain the natural drainage patterns.
8.The applicant must clearly illustrate how impacts to the primary zone are to be mitigated.
This mitigation must consider all benefits derived from the primary zone as described in
Article XXXI of the Chanhassen City Code.
9.The area east of Lot 1 within Outlot A within the primary corridor of Bluff Creek shall be
covered by a conservation easement. This easement shall restrict activities within the area
and prohibit any development. The City shall have final approval of the easement
restrictions. Any wetland mitigation activities that are required within this area shall have
final approval by City staff. No additional activities shall be allowed within this area and
access to the mitigation site shall be the existing path.
10.The wooded areas of Lot 1 and Outlot B within the Bluff Creek primary zone shall be
covered by a conservation easement that restricts specific activities and prohibits any further
development within the area.”
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
Councilman McDonald moved, Councilwoman Ernst seconded that the Chanhassen City
Council approves the City Council approves the Subdivision Preliminary Plat creating one
lot, two outlots and dedication of public right-of-way, plans prepared by Westwood
Professional Services, Inc., dated April 1, 2009, subject to the following conditions:
1.The developer shall either dedicate/donate an Outlot or record a conservation easement
containing the Bluff Creek Primary zone north of the road right-of-way in Outlot A. This
area of Outlot A is undevelopable and the land within the conservation easement could not be
used in future phases for density transfer purposes. A conservation easement shall be
recorded over the Bluff Creek Primary zone located within Lot 1 and Outlot B. This
easement shall restrict activities within the area and prohibit any development. The City
shall have final approval of the easement restrictions. The easement shall be recorded with
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City Council Summary - May 26, 2009
the first phase of the development.
2.Submit proposed names for street labeled “Access Road” on plans for approval.
3.The drainage report and plans must be revised to address comments from MnDOT.
4.The applicant must obtain a MnDOT drainage permit.
5.The drainage report and plans must be modified so that the peak discharge rate to the off-site
wetland does not increase under fully developed conditions.
6.The plans must be revised to provide either an overland emergency overflow or an additional
outlet control structure at a higher elevation.
7.The developer must submit a letter from an engineer stating that the retaining wall east of the
building can accommodate temporary ponding behind the wall.
8.The alignment of the bypass storm sewer pipe must be redesigned to eliminate excess cover
over the pipe.
9.If MnDOT allows a connection to the Highway 212 storm pipe, then show the existing pipe
on the plan sheets.
10.Building permits are required for retaining walls four feet tall or higher and must be designed
by a Structural Engineer registered in the State of Minnesota.
11.A manhole must be installed at the terminus of the sanitary sewer.
12.All sanitary sewer and watermain within Lot 1, Block 1 shall be privately owned and
maintained.
13.The storm sewer that will convey runoff from the drainageway to the east of the property
shall also be privately owned and maintained, including those portions that lie within public
right-of-way and the City owned outlot.
14.The 20-foot wide drainage and utility easement shown on the preliminary plat over this storm
sewer must be deleted.
15.Delete the 20-foot wide drainage and utility easement for the future watermain.
16.Provide a temporary blanket drainage and utility easement – or similar mechanism acceptable
-
to the Cityover the proposed forcemain corridor. The temporary easement shall not
encroach into the building envelope as shown on the site plan.
17.A permanent 20-foot wide easement will be required over the final forcemain alignment.
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City Council Summary - May 26, 2009
18.Each new lot will be subject to the sanitary sewer and water hookup charges. These fees will
be collected with the building permit, subject to the rates in effect at the time of building
permit, and shall be based on the Metropolitan Council Environmental Services’ SAC unit
determination.
19.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
enter into a development contract with the City and supply the necessary financial security in
the form of a letter of credit or cash escrow to guarantee installation of the improvements and
the conditions of final plat approval.
20.All public utility improvements will require a preconstruction meeting before building permit
issuance. Permits from the appropriate regulatory agencies will be required, including the
MPCA, Department of Health, Carver County and Watershed District.
21.Upon project completion as-built drawings must be submitted for the private utilities.
22.The developer must ensure that all traffic study data is provided to Carver County for their
review and must incorporate Carver County and MnDOT’s comments into the plan.
23. An updated traffic study must be submitted with Phase 2 improvements. Powers Crossing’s
financial obligations with respect to the signal installation will be determined at that time and
incorporated into the Site Plan Agreement for Phase 2.
24.A temporary roadway, drainage and utility easement must be provided over the cul-de-sac at
the east end of the access road.
25.This property is subject to the Arterial Collector Fee which is $3,600 per developable acre.
The acreage used in this calculation shall include the right-of-way turnback from both
Highway 212 and Powers Boulevard. This fee shall be paid in cash with the final plat
26.The RIM and Flowage Easements need to be indicated on the plat. This should include the
document number 10-05-87-1.
27.The wetland mitigation area in Outlot A needs to be created. A Declaration of Restrictions
and Covenants needs to be executed and recorded with Carver County. This document
number needs to be included on the plat.
28.The remaining conditions of approval for WAP #2006-32 need to be met:
a.The plans shall be revised to show how M-1 will be accessed. The access route shall be
stable, shall avoid damage to significant trees (greater than 10” DBH) and shall avoid
impacts to natural drainageways and any jurisdictional wetlands that may exist on site
that were not delineated by Westwood Professional Services in August 2006.
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City Council Summary - May 26, 2009
b.A planting plan for M-1, including invasive vegetation management techniques, species
to be planted, proposed planting rates, and the approach to upland buffer restoration, shall
be submitted prior to final City Council approval.
c.The applicant shall submit a letter of credit equal to 110% of the cost of the wetland
creation (including grading and seeding) to ensure the design standards for the
replacement wetland are met. The letter of credit shall be effective for no less than five
years from the date of final plat approval. The applicant shall submit a cost estimate for
wetland creation (including grading and seeding) so the City can calculate the amount of
the wetland creation letter of credit.
d.A five-year wetland replacement monitoring plan shall be submitted. The replacement
monitoring plan shall include a detailed management plan for invasive non-native
species, particularly hybrid cattail, purple loosestrife and reed canary grass. The plans
shall show fixed photo monitoring points for the replacement wetland. The applicant
shall provide proof of recording of a Declaration of Restrictions and Covenants for
Replacement Wetland.
29.The legal wetland boundary of the RIM wetland was not delineated in the Westwood
Wetland Delineation Report dated August of 2006. This boundary must be delineated and
wetland impacts avoided where possible.
30.Because of the perpetual RIM and flowage easements the plans must be provided to the
Natural Resources Conservation Service for review and comment. Any comments from the
NRCS must be made available to the City.
31.Drainage to the RIM wetland from the south flows through a defined swale. The conveyance
of this flow must be maintained under the proposed road extension.
32.Erosion Control plan needs to be updated per the July comments:
a.Show a 75-foot rock construction entrance.
b.Show rounding of corners for proposed grades.
c.Erosion control blanket shall be shown on all slopes east of the proposed building and
adjacent to the pond.
d.An NPDES permit must be obtained prior to any site grading and a SWPPP must be
provided to the City for review and comment.
e.Replace MnDOT 340 mix with a modified BWSR U7 seed mix.
33.Estimated SWMP fees due at the time of final plat are $271,506.20.
34.The development must comply with Carver Soil and Water Conservation District comments.
35.All openings created in the wooded areas on the east and south sides of the development shall
be reforested with native tree species. Planting stock sizes may be variable. Species selected
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City Council Summary - May 26, 2009
must be from the Bluff Creek Management Plan native plant list. These areas shall not be
mowed or managed as turf areas.
36.The following practices are required in order to insure the best chance of survival for the
highlighted oaks to be preserved along the east side of the development:
a.Understory trees near the oaks shall be preserved.
b.Roots at the grading limits shall be cut cleanly with a trencher or vibratory plow.
c.Tree preservation fencing shall be installed prior to any grading.
d.Trees shall be thoroughly watered during dry periods.
37.The applicant shall install a second tier to the retaining wall at the north end of the east side
of the development to preserve the grade surrounding the oaks proposed to be saved.
38.Tree preservation fence shall be installed at the edge of the grading limits prior to any
construction. Fencing shall be in place and maintained until all construction is completed.
39.Any trees removed in excess of proposed tree preservation plans, dated 10/06/08, will be
replaced at a ratio of 2:1 diameter inches.
40.All trees removed shall be chipped or hauled off site. No burning permits shall be issued.
41.The developer shall pay the full park dedication fee in force at the time of final plat approval
and prior to recording.
42.Construction of the 10-ft. wide bituminous access road trail and the North Trail. The North
Trail plans shall be modified dedicating a permanent 20-foot wide trail easement to allow for
appropriate separation from adjoining improvements and boulevard areas for winter plowing,
snow storage and aesthetics.
43.Dedication of a permanent triangular shaped trail easement at the South East corner of Lot 1,
Block 1. The triangle shall be 50’ in length on its South side and 200’ in length on its East
side.
44.The developer shall finance the cost or a portion of the 2010 MUSA trunk lift station and
enter into an agreement with the City for repayment at the time of final plat.”
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
Councilman McDonald moved, Councilwoman Ernst seconded that the City Council
approves the Site Plan with Variances for building height and Bluff Creek Primary Zone
setbacks for Planning Case #08-16, for a two-phase, three-story, 160,000 square-foot
professional office building, and up to a 731-stall, five-level parking ramp on Lot 1, Block 1
of the development, plans prepared by Pope Associates, Inc. and Westwood Professional
Services, Inc., dated April 1, 2009, subject to the following conditions:
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City Council Summary - May 26, 2009
1.The final plat for the development shall be recorded prior to the issuance of a building
permit.
2.The full buildout is predicated upon a turnback to the land owner of MnDOT right-of-way.
In the event that this turnback does not occur, the applicant may build a four-story building
totaling 112,000 square feet subject to parking compliance with City Code.
3.The developer is encouraged tomeet design and construction standards that would lead to, at
a minimum, certification by the Leadership in Energy and Environmental Design (LEED)
Green Building Rating System by the U.S. Green Building Council, or comply with the
Minnesota Sustainable Building Guidelines, MSBG.
4.The developer shall continue the architectural detailing through the use of the three brick
colors as well as the use of stone and metal on the garage structure.
5.The developer shall provide secure bicycle racks and/or storage (within 200 yards of a
building entrance) for 5% or more of all building users (measured at peak periods), and
provide shower and changing facilities in the building. The developer should also provide
benches throughout the site as well as tables and chairs in the patio area.
6.The buildings are required to have an automatic fire extinguishing system.
7.The plans must be prepared and signed by design professionals licensed in the State of
Minnesota.
8.Accessible routes must be provided between commercial building(s), parking facilities and
public transportation stops.
9.All parking areas, including parking structure, must be provided with accessible parking.
10.The developer shall comply with the minimum parking setback requirement and install
appropriate berming and or landscaping to allow the 10 feet setback.
11.Retaining walls over four feet high must be designed by a professional engineer and a permit
must be obtained prior to construction.
12.All openings created in the wooded areas on the east and south sides of the development shall
be reforested with native tree species. Planting stock sizes may be variable. Species selected
must be from the Bluff Creek Management Plan native plant list. These areas shall not be
mowed or managed as turf areas.
13.The applicant shall install a second tier to the retaining wall at the north end of the east side
of the development to preserve the grade surrounding the oaks proposed to be saved.
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City Council Summary - May 26, 2009
14.The applicant does not meet required landscape quantities for parking lot trees and
islands/peninsulas in both phases. The applicant must meet minimum requirements for
parking lot trees and landscape islands/peninsulas.
15.Phase I: The applicant does not meet minimum requirements for either of the bufferyard
areas. The applicant shall revise the landscape plan to meet minimum requirements.
16.Phase II: The applicant does not meet the minimum requirements for bufferyard areas. The
applicant shall increase the plantings to meet minimum requirements.
17.The applicant must replace the Colorado spruce with other approved species in the plant
schedule.
18.All transplanted materials must be pre-approved by the City. Transplanted trees will not be
accepted if substituted without City approval. If approved for transplanting, the material
must be warranted for a minimum of one year. If transplanted materials die, they must be
replaced with nursery stock.
19.Tree preservation fence shall be installed at the edge of the grading limits prior to any
construction. Fencing shall be in place and maintained until all construction is completed.
20.Any trees removed in excess of proposed tree preservation plans, dated 04/01/09, will be
replaced at a ratio of 2:1 diameter inches.
21.All trees removed shall be chipped or hauled off site. No burning permits shall be issued.
22.The North Trail plans or parking lot design shall be modified to allow for appropriate
boulevard areas for winter plowing, snow storage and aesthetics.
23.A 3-foot clear space must be maintained around fire hydrants, and nothing shall be placed in
front of the hydrant outlets, connections, fire protection control valves that would interfere
with fire fighter operations. Section 508.5 MN. Fire Code and Sec. 508.5.4.
24.No burning permits shall be issued for trees to be removed. Trees and shrubs must be
removed or chipped on site.
25.Contact the Chanhassen Fire Marshal for locations of “No Parking Fire Lane” signage, and
locations of curbing to be painted yellow. MN Fire Code Sec. 503.3.
26.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. MSFC
sec 501.4.
27.Fire apparatus access roads shall be designed and maintained to support the imposed loads of
fire apparatus and shall be serviced so as to provide all-weather driving capabilities. MSFC
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City Council Summary - May 26, 2009
Sec. 503.2.3.
28.Due to the unknown timeframe associated with the signal installation, an updated traffic
study must be submitted with Phase 2 improvements. Powers Crossing’s financial
obligations with respect to the signal installation will be determined at that time and
incorporated into the Site Plan Agreement for Phase 2.”
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
Councilman McDonald moved, Councilwoman Ernst seconded that the City Council
approves a sign size Variance request to permit an eight (8) foot tall sign with up to 64
square feet of sign display area, subject to the following conditions:
1.Separate sign permits shall be required for each sign.
2.The development name in the monument sign shall be individual dimensioned letters with a
minimum ½-inch projection.
3.Only one monument sign shall be permitted for the Powers Crossing Professional Center site.
4.The sign height for the directional signs shall be reduced to five feet. The display area for
sign #2 shall be reduced to four square feet.
5.The sign location shall meet all setback and site triangle requirements.”
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
Todd Gerhardt recognized Tim Erhart for his vision with this site.
COUNCIL PRESENTATIONS:
Council members commented and thanked all those involved
with the Veterans Monument dedication ceremony which was held on Memorial Day especially
thanking Todd Hoffman and Mark Undestad for their leadership with the project.
ADMINISTRATIVE PRESENTATIONS:
Todd Gerhardt asked Elliott Knetsch, the City’s
prosecuting attorney, to provide an update on the prosecution contract and services over the past
year.
CORRESPONDENCE DISCUSSION.
None.
Councilwoman Ernst moved, Councilman Litsey seconded to adjourn the meeting. All
voted in favor and the motion carried unanimously with a vote of 4 to 0. The City Council
meeting was adjourned at 8:50 p.m.
Submitted by Todd Gerhardt
City Manager Prepared by Nann Opheim
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