CC SUM 2009 09 28
CHANHASSEN CITY COUNCIL
REGULAR MEETING
SUMMARY MINUTES
SEPTEMBER 28, 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, Councilwoman Tjornhom, and Councilman McDonald
STAFF PRESENT:
Todd Gerhardt, Roger Knutson, Laurie Hokkanen, Kate Aanenson, Paul
Oehme, and Todd Hoffman
PUBLIC PRESENT:
Molly Odzer Student
Connor Rojina Student
Anna Ewen Student
Logan Mangold Student
Laura Hemken Student
Brenna Foley Student
Johnny King Student
Bob Pohlen Student
PUBLIC ANNOUNCEMENTS:
Mayor Furlong invited all residents to attend the Fire
Department Open House on October 11, 2009.
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 September 14, 2009
-City Council Verbatim & Summary Minutes dated September 14, 2009
Receive Commission Minutes:
-Planning Commission Verbatim & Summary Minutes dated September 15, 2009
-Park and Recreation Commission Verbatim & Summary Minutes dated August 25, 2009
Resolution #2009-67:
b. Approve Quotes for Lake Ann Park Stairway Projects.
Resolution #2009-68:
c. Approve Bid for Repairs to Sanitary Sewer in Lake Susan Hills
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9 Addition.
d. Approve Consultant Contract for Well No. 4 Water Quality Improvements.
City Council Summary – September 28, 2009
e. Approve Fireworks Permit, Melrose Pyrotechnics.
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f. Century 2000 Partners, LLP; Lots 3 & 4, Block 1, Arboretum Business Park 2
Addition: Release of Private Redevelopment Agreement, Assessment Agreement,
Development Contract and Certificate of Compliance.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
VISITOR PRESENTATIONS:
None.
LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE.
There were no questions regarding the Sheriff’s Office Area Report, Citation List, Community
Service Officer Report or the Chanhassen Crime Prevention Alert issued by Beth Hoiseth for the
month of August. Lt. Jim Olson discussed traffic and parking issues associated with the new
high school, an incident of stolen property at Chanhassen Elementary School, and two burglaries
that occurred at occupied homes. Councilman Litsey asked if the sheriff’s department will be
addressing the issue of overflow parking from the high school in the industrial park and the lack
of adequate lighting along Lyman Boulevard. Chief Gregg Geske discussed the MCI (Mass
Casualty Incident) training exercise in Excelsior Bay, and training associated with the opening of
the new high school and the new public works facility.
MOON VALLEY, 100 & 220 FLYING CLOUD DRIVE: REQUEST FOR RENEWAL/
EXTENSION OF INTERIM USE PERMIT (GRADING); APPLICANT: TERRY BROS.,
MOON VALLEY, LLC.
City Engineer Paul Oehme presented the staff report on this item. Councilman Litsey asked for
clarification on the hours of operation. Kate Aanenson explained that a resident who lives on
Lakota Lane came to the Planning Commission meeting after the public hearing was held with
concerns about noise. In response to that concern, item 3(u) was added to the conditions. Mayor
Furlong asked for clarification of the annual review being requested by staff. Councilwoman
Ernst asked about the proposed clean up in Phase I and Phase II. Councilwoman Tjornhom
asked if the City had received any complaints from surrounding residents. Rick Murray,
representing Terry Brothers, addressed the hours of operation and the requirements within the
permit. Mayor Furlong provided an opportunity for the public to speak. No one came forward.
Councilman McDonald moved, Councilwoman Tjornhom seconded that the City Council
adopt the Planning Commission Findings of Fact and approve Interim Use Permit,
Planning Case #09-14, to permit grading, excavation and slope restoration as proposed on the
plans prepared by Sathre-Bergquist, Inc., dated 7/30/09, subject to the following conditions:
1.The interim use permit shall be approved for a period of ten (10) years from the date of City
Council approval. The applicant will need to request a formal extension 60 days prior to the
expiration date of the interim use permit.
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City Council Summary – September 28, 2009
2.Permits from the appropriate regulatory agency must be obtained; including but not limited
to the Minnesota Pollution Control Agency, Lower Minnesota River Watershed District and
Carver County.
3.The applicant must submit a phasing plan. This information shall be submitted annually a
minimum of 30 days before the anniversary of City Council approval.
4.An administration fee shall be collected each year and shall be based on the number of cubic
yards of material being graded as identified in the phasing plan. The fees are taken from the
Uniform Building Code Appendix, Chapter 33.
5.The applicant must submit a summary of the quantity of material that has been removed from
the site and the quantity of remaining material. This information shall be submitted annually
a minimum of 30 days before the anniversary of City Council approval.
6.Grading on the east side of the creek must cease at or above the 756-foot contour; this must
be reflected on the next plan submittal.
7.The applicant must provide the City with a cash escrow or letter of credit in the amount of
110% of the construction costs for the appropriate phase of the grading operations to guarantee
erosion control measures, site restoration, and compliance with the interim use permit. The
amount of the security shall be established annually and shall be submitted by the anniversary
date of City Council approval.
8.Permitted hours of operation will be 7:00 a.m. to 6:00 p.m., Monday through Friday, and
9:00 a.m. to 5:00 p.m. on Saturday with no work permitted on Sunday or legal holidays.
9.Grading on the east side of the creek must cease at or above the 756-foot contour and all
disturbed soils must be permanently stabilized and restored in accordance with the
Restoration Plan as specified in the Grading, Drainage, and Erosion Control Plan dated
August 8, 2004.
10.If the excess material is hauled to another site in Chanhassen, a separate grading permit will
be required for the other property.
11.Type II, reinforced silt fence must be installed and maintained at the northwest corner of
project, and in all areas specified in the Grading, Drainage, and Erosion Control Plan. Type
II silt fence must be reinforced using sediment logs, wire-backing, or other effective Best
Management Practice.
12.Exposed, unworked soils must continue to be stabilized with temporary or permanent
stabilization BMPs in accordance with the construction sequencing as stated in the Grading,
Drainage, and Erosion Control Plan.
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City Council Summary – September 28, 2009
13.Exposed, unworked erodible soils with positive slopes must continue to be stabilized using
erosion control blanket or alternate effective BMPs according to the Grading, Drainage, and
Erosion Control Plan.
14.All other sediment and erosion control measures must be in place and maintained according
to the Grading, Drainage and Erosion Control Plan dated August 8, 2004, and phasing plan to
be submitted by applicant.
15.Tree preservation fencing must be installed at the edge of grading limits.
16.No tree removal is allowed beyond the 756-foot contour on the east side of the creek.
17.MnDOT Native Mix 340 be used for the seeding.
18.All restored slopes shall be planted with trees. The trees shall be bare-root, native species,
one-half to one-inch in diameter, five to ten-foot spacing in a random pattern from the top to
the toe of the slope. The approximate number of trees needed is 20,000 (7’ x 7’ spacing).
Spacing (feet) Trees per acre
5 x 5 1,742
6 x 6 1,210
7 x 7 889
8 x 8 681
10 x 10 436
19.A driveway access to 230 & 240 Erie Avenue must be maintained at all times during
construction.
20.Submit a plan showing a permanent driveway access alignment for 230 & 240 Erie Avenue.”
21. Grading west of the unnamed creek shall not commence until the grading on the existing
mining operation and site restoration has been completed east of the creek.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
COUNCIL PRESENTATIONS:
Councilman Litsey suggested it was important that the
council lead by example and help shoulder the budget burden by either suspending or reducing
their compensation from the city in 2010, not serve meals at the City Council work session, and
stop travel and training unless it’s absolutely essential. Mayor Furlong provided information on
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a public hearing being held by Southwest Transit on September 29 at 5:30 regarding proposed
route changes.
ADMINISTRATIVE PRESENTATIONS:
Todd Gerhardt reminded everyone of the
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homecoming activities scheduled for Chanhassen High School on October 9.
CORRESPONDENCE DISCUSSION.
None.
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City Council Summary – September 28, 2009
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 7:40 p.m.
Submitted by Todd Gerhardt
City Manager
Prepared by Nann Opheim
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