CC SUM 2010 12 13
CHANHASSEN CITY COUNCIL
REGULAR MEETING
SUMMARY MINUTES
DECEMBER 13, 2010
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, Laurie Hokkanen, Kate Aanenson, Paul Oehme, Todd
Hoffman, Greg Sticha, and Roger Knutson
PUBLIC PRESENT:
Auro Hashu 12238 Jasper Lane
Shane Weisser 7095 Green Ridge Drive
Tom Devine 7640 South Shore Drive
Frank Ernst 840 Cree
Randy Cantin 6694 Nez Perce Drive
Conrad & Gladys Heinemann 544 Lake Drive
Len Japs 545 Lake Drive #408
Jeff Fox 5270 Howard Point Road, Excelsior
Rollie Neve 7635 Nicholas Way
Mara Souvannsoth 422 Santa Fe Circle
Mark A. Sass 6275 Hummingbird Road
Mike Corbin 8750 Sunset Trail
Terrie Myers 14680 Jonathan Carver Parkway
PUBLIC ANNOUNCEMENTS:
Mayor Furlong presented the Environmental Excellence
Award to Nathan Ward, Store Leader with Kwik Trip and the Maple Leaf Award to Bryan Litsey
for his 4 years of service on the Chanhassen City Council.
CONSENT AGENDA: Councilman McDonald moved, Councilman Litsey seconded that
the City Council approve the following consent agenda items pursuant to the City
Manager’s recommendations:
a. City Council Work Session Minutes dated November 22, 2010.
City Council Verbatim and Summary Minutes dated November 22, 2010.
City Council Work Session Minutes dated December 6, 2010.
City Council Verbatim and Summary Minutes dated December 6, 2010.
Receive Commission Minutes:
-Park and Recreation Commission Verbatim and Summary Minutes dated November 23,
2010.
Chanhassen City Council Summary - December 13, 2010
b. 2011 Street Improvement Project 11-01: Accept Feasibility Study; Call Public Hearing.
Resolution #2010-96A:
c. Approve Minnesota Department of Health Grant Application
for Funds to Seal the West Minnetonka Middle School Well.
f. Approve Request for Temporary On-Sale Liquor License, Cana Dinner, February 5,
2011, St. Hubert’s Catholic Community.
g. Approve Requests for Temporary On-Sale Liquor Licenses, February Festival and July
th
4 Celebration, Chanhassen Rotary Club.
Resolution #2010-97:
h. Approve Resolution Authorizing Certification of Hook-Up
Charges to Property Taxes, JBJ Wine Holdings, LLP dba Haskell’s Wine & Spirits.
Resolution #2010-98:
i. Approve Resolution Accepting $500 Donation from Community
Bank for Senior Center Holiday Party.
Resolution #2010-99:
j. Approve Resolution to Reapportion Assessments, North of
Lyman Boulevard and East of TH 101, John Klingelhutz Property.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
VISITOR PRESENTATIONS:
None.
PUBLIC HEARING: CONSIDER VACATION OF DRAINAGE AND UTILITY
ND
EASEMENT, HESSE FARM 2 ADDITION, BRAD MOE, 1425 BLUFF CREEK
DRIVE.
Paul Oehme presented the staff report on this item. Mayor Furlong opened the public hearing.
No one spoke and the public hearing was closed.
Resolution #2010-100: Councilman Litsey moved, Councilwoman Tjornhom seconded that
the Chanhassen City Council approve the resolution vacating drainage and utility
nd
easements on Lots 1 and 2, Block 1, the Hesse Farm 2 Addition. All voted in favor and
the motion carried unanimously with a vote of 5 to 0.
LAKEVIEW: REQUEST FOR REZONING FROM RESIDENTIAL SINGLE FAMILY
(RSF) AND MIXED LOW-DENSITY RESIDENTIAL (R4) TO RESIDENTIAL LOW-
MEDIUM (RLM); AND SUBDIVISION OF APPROXIMATELY 50 ACRES INTO 66
LOTS AND 4 OUTLOTS ON PROPERTY LOCATED NORTHWEST OF THE
INTERSECTCION OF LYMAN BOULEVARD AND LAKE RILEY BOULEVARD AND
SOUTH OF HIGHWAY 212. APPLICANT: US HOME CORPORATION (DBA
LENNAR).
Kate Aanenson presented the staff report and Planning Commission update on this item. Mayor
Furlong asked staff to explain the basis used in determining the cost to acquire additional
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Chanhassen City Council Summary - December 13, 2010
parkland and the source of funding. Mayor Furlong opened the meeting for public comments.
There were no further comments from the public. After comments from council members, the
following motions were made.
Councilman McDonald moved, Councilwoman Tjornhom seconded that the City
Council approves Planning Case #10-12 to rezone 50.48 acres of property zoned RSF,
Single Family Residential District, and R-4 Mixed Low-Density Residential, to RLM,
Residential Low and Medium Density District for Lakeview Subdivision contingent upon
final plat approval, as shown in plans dated received November 5, 2010, and adoption of
the findings of fact and ordinance. All voted in favor and the motion carried unanimously
with a vote of 5 to 0.
Councilman McDonald moved, Councilwoman Tjornhom seconded that the City Council
approves the preliminary plat for Planning Case #10-12 for Lakeview Subdivision for 66 lots
and 4 outlots as shown on the plans received November 5, 2010, subject to the following
conditions and adoption of the findings of fact:
1.The applicant shall add 34 trees to its total for tree planting. The landscape plan shall show
at total of 282 trees to be planted.
2.All trees proposed to be preserved shall be protected by tree preservation fencing. Fencing
shall be installed prior to grading.
3.All work and drainage discharge within the MnDOT easement must be approved by
MnDOT.
4.The public drainage and utility easement on the north side of the development must be
vacated.
5.The existing building and driveway on the north side of the site must be removed.
6.Based on the proposed grading a low area will be created west and north of the Street C stub.
The developer must work with the adjacent property owner to either grade out the low area,
or install storm sewer to prevent water from ponding in the area.
7.The developer's engineer will shift the storm sewer at the back of Lots 38 to 41, Block 3,
further north in order to provide a larger unencumbered backyard area.
8.The storm sewer alignment at the back of Lots 19 and 20, Block 3 must be adjusted to
minimize the required drainage and utility easement.
9.The lowest opening of a building must be minimum 18 inches above an adjacent emergency
overflow.
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Chanhassen City Council Summary - December 13, 2010
10.Additional information must be shown on the final grading plan to show how drainage from
the Highway 212 berm will be directed into the existing flared end section located north of
proposed Lot 27, Block 3.
11.An encroachment agreement is required if the developer wishes to install an entrance
monument at the Street B intersection of Lyman Boulevard.
12.A temporary turnaround is required at the western end of Street C.
13.The development is adjacent to Lyman Boulevard and is therefore subject to the arterial
collector fee at the time of final plat.
14.The developer will not be reimbursed for the relocation cost of the 12-inch watermain since
the work is development driven.
15.The watermain within Street B between Lyman Boulevard and Street A shall be 8-inch.
16.The delineated wetland boundary must be moved so that no portion of the boundary is located at
an elevation less than the 868-foot contour.
17.The delineated wetland boundary will not be considered approved until the public comment
period has ended on December 13, 2010.
18.The wetland buffer behind Lot 7 and Lot 8 of Block 4 shall be minimized to be coincidental
with the rear lot lines. The area of buffer that would otherwise be present shall be compensated
for elsewhere along the wetland boundary.
19.The applicant, with the assistance of the City, must show that adequate capacity exists within
the North Bay storm sewer system to accommodate the proposed drainage area to be directed to
North Bay.
20.The NPDES General Stormwater Permit for Construction Activity must be applied for and
obtained prior to any earth-disturbing activities. Proof of this must be provided to the City.
21.Reasonable efforts must be made to provide a maintenance access road to ponds 100 and 200 in
compliance with City Code and the NPDES General Stormwater Permit for Construction
Activity.
22.Additional data must be provided for cul-de-sac D to demonstrate sufficient grade for adequate
drainage.
23.A minimum of two feet of separation must be provided between the emergency overflow for the
MnDOT drainage swale and the low floor opening for Lot 5, Block 2.
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Chanhassen City Council Summary - December 13, 2010
24.Two-foot sumps shall be included with structures CBMH-104, MH-203 and MH-222.
25.All storm sewer shall be within a drainage and utility easement.
26.Hydraulic calculations shall be provided to the City for review and approval before the final plat
can be issued.
27.Mulch, MnDOT Type 3, certified weed free shall be used in all of Block 4, Outlot A and Outlot
B whenever mulch is called for.
28.The remainder of the gully which originates under Lots 4 and 5, Block 2 shall be filled in. This
shall be done in such a manner as to avoid additional tree loss and the introduction of weeds and
invasive species.
29.The estimated SWMP fees, in the amount of $82,228.55, are due at the time of final plat.
30.Phosphorus removal will need to meet the minimum 60% removal rate and should maximize
that to the greatest extent practicable.
31.The applicant shall be responsible to assure that all other agency permissions are applied for and
resulting conditions are met.
32.A Landowner Statement and Contractor Responsibility form will need to be filled out and
submitted to the LGU (City of Chanhassen) and the DNR. The form can be found at:
http://www.bwsr.state.mn.us/wetlands/forms/Contractor_Responsibility.doc
33.Appendix A C.1 and C.2 must be addressed including:
a.Exposed soil areas must be stabilized as soon as possible but never later than seven (7) days.
b.A discussion of the feasibility of infiltration and the appropriate response to these findings.
34.Building Official Conditions:
a.Demolition permits must be obtained before demolishing any structures on the site.
Application for such permits must include hazardous substances investigative and
proposed mitigation reports.
b.A final grading plan and soils report must be submitted to the Inspections Division before
permits can be issued.
c.Retaining walls over four feet high must be designed by a professional engineer and
require permits, inspections and final approval.
d.Each lot must be provided with separate sewer and water services.
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Chanhassen City Council Summary - December 13, 2010
e.The developer and or their agent shall meet with the Inspections Division as early as
possible to discuss plan review and permit procedures.
35.Fire Marshal conditions:
a.Submit street names to Building and Fire Marshal for review and approval.
b.No burning permits will be issued. Tress, scrubs etc. must be removed from the site or
chipped.
c. Mains and fire hydrants shall be installed and made serviceable prior to combustible
construction.
d. A three-foot clear space must be maintained around fire hydrants.
e.Temporary street signs shall be installed as soon as construction begins. Signs shall be
of an approved size as required by the Chanhassen Fire Marshal. They shall be weather-
resistant and maintained until replaced by permanent signs.
f.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
time of construction except when approved alternate methods of protection are provided.
g.The proposed hydrant between Lots 3 and 4, Block 2 must be relocated to the intersection
of Streets B and C.
h.The proposed hydrant between Lots 3 and 4, Block 1 must be relocated to intersection of
Street B and Lyman Boulevard.
36.The lot width at the rear setback line for lots 1 and 2, Block 4, must be adjusted to reflect 90
feet as required in the Shoreland Ordinance.
37.Successful transfer of Outlot B (4.83+ acres) to the City of Chanhassen concurrent with the
final plat through a combination of dedication (3.08+ acres) and fee purchase (1.75+ acres) at
a cost of $112,716 per acre, for development and use as a public neighborhood park.
38.A sign reading “This Road Will Be Extended in the Future” shall be placed at the west end of
Street C.
39.The applicant shall work with staff to evaluate the use of a privacy fence and vegetation
along the north edge of the property to lessen the noise impact from Highway 212. A
”
solution will be presented with the final plat.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
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Chanhassen City Council Summary - December 13, 2010
2011 BUDGET: APPROVE RESOLUTION ADOPTING THE FINAL LEVY AND 2011-
2015 CAPITAL IMPROVEMENT PROGRAM.
Greg Sticha reviewed the power point presentation outlining the specifics of the proposed 2011
budget and 2011-2015 capital improvement program. Todd Gerhardt explained how the key
financial strategies cities were determined and reviewed the budget saving items for 2011.
Councilman McDonald asked for clarification of the employees pay compensation. Mayor
Furlong suggested reducing the budgeted expenditures to reflect the decrease in the CIP fund.
After comments from council members, the following motions were made.
Councilwoman Ernst moved that the City Council approve to spend no more than in 2010
which was $7,380,000 in the general fund to include holding wages and health insurance
the same as 2010 and to reduce the CIP accordingly. The motion failed for lack of a
second.
Resolution #2010-101: Councilman McDonald moved, Councilman Litsey seconded that
the City Council adopts a resolution establishing the 2011 final levy at $10,267,390, total
general fund expenditures of $9,617,600 and the 2011-2015 CIP in the total amount of
$72,591,531. All voted in favor, except for Councilwoman Ernst who opposed, and the
motion carried with a vote of 4 to 1.
CONSIDER AMENDMENTS TO CITY CODE: CHAPTER 19 CONCERNING UTILITY
BILLS AND USER RATES AND CHARGES AND CHAPTER 4 CONCERNING FEES.
Greg Sticha presented the staff report on this item. Mayor Furlong asked staff to explain the
City’s water distribution system based upon summertime watering and usage and the impacts
that would occur with not seeking to fund those capital improvements.
Councilman Litsey moved, Councilman McDonald seconded that the Chanhassen City
Council adopts the attached ordinances amending Chapter 19 concerning Utility Billing
and Chapter 4 concerning Utility Rates. All voted in favor, except Councilwoman Ernst
who opposed, and the motion carried with a vote of 4 to 1.
COUNCIL PRESENTATIONS: ANNOUNCE RESULTS OF CITY MANAGER’S
PERFORMANCE EVALUATION.
Council members thanked Councilman Litsey for his service over the past 4 years and wished
him luck in his next endeavor before Mayor Furlong announced the results of the City Manager’s
performance evaluation. Councilman McDonald informed the council of former City Council
member Clark Horn’s death over the previous weekend.
ADMINISTRATIVE PRESENTATIONS:
Todd Gerhardt provided an update on the
snowplowing activities,
CORRESPONDENCE DISCUSSION.
None.
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Chanhassen City Council Summary - December 13, 2010
Councilman Litsey moved, Councilwoman Ernst 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 9:20 p.m.
Submitted by Todd Gerhardt
City Manager
Prepared by Nann Opheim
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