CC SUM 2010 10 11
CHANHASSEN CITY COUNCIL
REGULAR MEETING
SUMMARY MINUTES
OCTOBER 11, 2010
Mayor Furlong called the meeting to order at 7:00 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, Laurie Hokkanen, Kate Aanenson, Paul Oehme, and Roger
Knutson
PUBLIC ANNOUNCEMENTS:
None.
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 27, 2010
-City Council Verbatim and Summary Minutes dated September 27, 2010
Receive Commission Minutes:
-Planning Commission Verbatim and Summary Minutes dated September 21, 2010
b. Approve Amendment to Chapter 20 of the City Code Concerning Temporary Outdoor
Sales.
c. Approval of 2011/2012 Service Agreement for Joint Assessment with Carver County
Assessor.
d. Approval of Temporary On-Sale Liquor License, St. Hubert Catholic Community, 8201
Main Street, November 6, 2010, German Dinner.
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
VISITOR PRESENTATIONS:
None.
PUBLIC HEARING: RED CEDAR POINT RECONSTRUCTION PROJECT 10-01(B):
ASSESSMENT HEARING; AWARD CONTRACT.
Public Present:
City Council Summary - October 11, 2010
Name Address
Gary Peterson 3710 Red Cedar Point Road and
3632 Hickory Road
Susan Proshek 3613 Red Cedar Point Road
Jeff Shiva 3617 Red Cedar Point Road
Steve Keuseman 3622 Red Cedar Point Road
Dorothy Downing 7200 Juniper
Paul Oehme presented the staff report which outlined the changes to the project since the
feasibility study was presented in January. Kevin Kawlewski with WSB and Associates
reviewed the details of the project and the bids that were received. Mayor Furlong asked for
clarification of the assessment terms and storm water management changes. Gary Peterson,
3710 Red Cedar Point Road asked for clarification of the culvert location. Susan Proshek, 3613
Red Cedar Point Road asked about storm water management in the area where the public road
and private road intersect. Jeff Shiva, 3716 Red Cedar Point Road explained that this property is
their summer cabin and the water has been shut off for the winter. He expressed concern with
the pipes freezing when the new water line is hooked up. A Red Cedar Point resident expressed
concerns with the assessments and noted he was submitting a written objection to the
assessment. Steve Keuseman, 3622 Red Cedar Point Road stated he was against the project
believing it is overkill and that he is not gaining anything for his money. He explained that a
portion of his property is in the road pavement section. Mayor Furlong asked the City Attorney
to explain the process for filing a written objection to the assessment. Gary Peterson, who also
owns the house at 3632 Hickory Road, asked for clarification about the depth for utilities,
replacement of utility poles, fire hydrant locations, and his being assessed for two lots (3710 Red
Cedar Point Road and 3632 Hickory Road). Residents asked for clarification regarding mailbox
relocation.
Councilwoman Ernst moved, Councilman Litsey 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 questions and comments from council members, the following motions were made.
Resolution #2010-86: Councilman McDonald moved, Councilwoman Ernst seconded that
the City Council adopts the assessment roll for the Red Cedar Point Street and Utility
Reconstruction Project 10-01B with the condition that staff work with the owner of 3710
Red Cedar Point Road to determine whether or not it is a buildable lot. If it is determined
to be a buildable lot it would be included within the assessment. If it is determined not to
be a buildable lot it would be excluded from the assessment roll and the City would pick up
that share of the assessment. All voted in favor and the motion carried unanimously with a
vote of 4 to 0.
Resolution #2010-87: Councilman McDonald moved, Councilwoman Ernst seconded that
the City Council awards the contract for the Red Cedar Point Road Utility Reconstruction
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City Council Summary - October 11, 2010
Project 10-01B to GM Contracting, Inc in the amount of $1,013,499.8. All voted in favor
and the motion carried unanimously with a vote of 4 to 0.
The City Council took a short recess at this point in the meeting.
PUBLIC HEARING: HAPPY GARDENS II, 2443 WEST HIGHWAY 7, REQUEST FOR
AN ON-SALE BEER AND WINE LICENSE, MEI CHANG YU.
Todd Gerhardt presented the staff report on this item. Mayor Furlong opened the public hearing.
No one spoke and the public hearing was closed.
Councilwoman Ernst moved, Councilman Litsey seconded that the City Council approve
the request for an on-sale beer and wine license for Happy Garden Excelsior Incorporated
dba Happy Gardens II at 2443 Highway 7 West contingent upon receipt of liquor liability
insurance and license fee of $410. All voted in favor and the motion carried unanimously
with a vote of 4 to 0.
PUBLIC HEARING: APPLE MINNESOTA, LLC: REQUEST FOR AN ON-SALE
INTOXICATING LIQUOR LICENSE, APPLEBEE’S NEIGHBORHOOD BAR &
TH
GRILL, 590 WEST 79 STREET.
Todd Gerhardt presented the staff report on this item. Mayor Furlong opened the public hearing.
Joel Signee from Eden Prairie asked for clarification of when does a liquor license become an
intoxicating liquor license. Roger Knutson reviewed the state statue that defines intoxicating
liquor license. Mayor Furlong closed the public hearing.
Councilman Litsey moved, Councilman McDonald seconded that the City Council approve
the request for an on-sale intoxicating liquor license for Apple Minnesota LLC, Applebee’s
th
Neighborhood Bar and Grill at 590 West 79 Street. All voted in favor and the motion
carried unanimously with a vote of 4 to 0.
M.A. GEDNEY COMPANY EXPANSION: REQUEST FOR SITE PLAN REVIEW FOR
A 39,000 SQUARE FOOT WAREHOUSE ADDITION, 2100 STOUGHTON AVENUE.
Kate Aanenson presented the staff report and Planning Commission update on this item. Mr.
Johnson, representing Gedney Pickle, was available to answer questions.
Councilman McDonald moved, Councilwoman Ernst seconded that the City Council
approve the proposed 39,000 square-foot, one-story warehouse expansion and adoption of
the attached findings of fact subject to the following conditions:
Fire Marshal:
1.The applicant shall provide information of the product commodity per 2007 Minnesota Fire
Code Section 2303 and the proposed storage height in order to determine if fire apparatus
access is required to parts of the building. If apparatus access is required but not practical
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City Council Summary - October 11, 2010
due to topography, power lines, railways or similar conditions, the fire code will accept
additional fire protection in lieu of apparatus access. Contact Chanhassen Fire Marshal for
additional information.
City of Chaska:
2.A Metropolitan Council SAC determination will still be required and Chaska shall be
reimbursed at a rate of $1,157 per SAC unit for providing trunk service to the building
expansion.
Building Official:
1.The entire facility must have an automatic fire extinguishing system for consideration as an
“unlimited” size building (Ref. 2006 IBC Sec. 507); if any portion of the facility is not
sprinkled, fire-wall separations may be required.
2.The plans must be prepared and signed by design professionals licensed in the State of
Minnesota.
3.Compliance with Minnesota Accessibility Code (MSBC 1341) is required.
4.The owner and or their representative shall meet with the Inspections Division as soon as
possible to discuss plan review and permit procedures.
5.A demolition permit is required for building removals that take place before the building
permit for the addition is issued.
Environmental Resource Specialist:
1.The applicant shall increase the number of overstory trees by four. The applicant shall
submit a revised landscape plan for City review and approval prior to issuance of a building
permit.
2.The blue spruce and Redbud species shall be replaced from the City’s approved list of
landscape material.
3.All ornamental trees must be at least one inch in diameter.
Planner:
1.Mechanical equipment shall be screened if any is installed. No wooden fences shall be used
on the roof for screening.
2.The developer shall show that 213 parking stalls can be accommodated on site.
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City Council Summary - October 11, 2010
3.The developer should investigate the use of clerestory windows around the building
expansion.
4.The expansion should investigate the use of columns to help break up the building elevations
at approximately 40-foot intervals.
5.The addition encroaches into the electric transmission easement. Staff recommends that the
applicant verify with the utility company that the proposed addition is acceptable.
6.There are wooden bollards around the existing electrical tower. Any bollards damaged or
removed with construction must be replaced.
7.Prior to the development of the vacant property north of the existing building, the City will have
to undertake a feasibility study to determine the cost effectiveness of the extension of utilities to
the property.
Water Resource Coordinator:
1.The developer must provide rate control for an area equal to the addition.
2.The developer must provide water quality treatment for the same area.
3.The developer must comply with any requirements for discharging to an Outstanding
Resource Value water. This can be accomplished through infiltration and discharge through
non-structural BMPs at a relatively low cost.
4.The developer will need to apply for and receive an NPDES Small Site Construction permit
in the event that one acre or more of disturbance results on the entire site.
5.The developer must provide a detailed grading and erosion control plan compliant with City
Code.
6.A drainage easement shall be recorded over the area of the parcel to be used for surface water
treatment.
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
COUNCIL PRESENTATIONS:
Councilman McDonald discussed the positive feedback he
received from residents at the Fire Department open house regarding city services.
ADMINISTRATIVE PRESENTATIONS:
Todd Gerhardt provided updates on roads being
re-opened after the flooding.
CORRESPONDENCE DISCUSSION.
Mayor Furlong commented on the letter regarding the
Inflow and Infiltration Task Force and thanked City Engineer, Paul Oehme for his involvement
with that task force.
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City Council Summary - October 11, 2010
Councilwoman Ernst moved, Councilman McDonald 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 9:00 p.m.
Submitted by Todd Gerhardt
City Manager
Prepared by Nann Opheim
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