1g. City Council Minutes dated August 28, 1995CHANHASSEN CITY COUNCIL
REGULAR MEETING
AUGUST 28, 1995
Mayor Chmiel called the meeting to order at 7:30 p.m. The meeting was opened with the Pledge to the Flag.
COUNCIL MEMBERS PRESENT; Mayor Chmiel, Councilman Senn, Councilman Mason, Councilwoman
Dockendorf, and Councilman Berquist
STAFF PRESENT: Don Ashworth, Roger Knutson, Todd Gerhardt, Charles Folch, Kate Aanenson, Sharmin Al-
Jaff, John Rask, Dave Hempel, and Todd Hoffman
APPROVAL OF AGENDA; Councilwoman Dockendorf moved, Councilman Berquist seconded to approve the
agenda amended to delete item 4, Preliminary Plat to Subdivide 2.22 acres for James Ravis per the applicant's
request, and on the Consent Agenda changing the lettering to read (n) and (o), rather than (p). All voted in
favor of the agenda as amended and the motion carried.
PUBLIC ANNOUNCEMENTS:, None.
CONSENT AGENDA: Councilman Mason moved, Councilwoman Dockendorf seconded to approve the
following Consent Agenda items pursuant to the City Manager's recommendations:
b. Lotus Lake Woods, 7500 Frontier Trail (Foreier Property):
1) Final Plat Approval
2) Approve Development Contract and Construction Plans & Specifications for Lotus Lake Woods, Project
95 -15
d. Resolution #95 -83: Set Assessment Hearing Dates for the following projects:
1) Chanhassen Estates 1st & 3rd Additions, Street Reconstruction Project 93 -10 to be held on September
25, 1995.
2) Lake Luc)' Road Extension Project 92 -12 to be held on October 9, 1995.
3) Galpin Boulevard /Coulter Boulevard Reconstruction Project 93 -26A to be held on October 9, 1995.
e. Preliminary Plat Extension for the Hiscox Addition, Subdivision 87 -31 for 3 Single Family Lots, 7500 Erie
Avenue.
h. Approve Contract to Write Chanhassen History Book Chanhassen Centennial Project, Dan Hoisington,
Historian.
i. Approve Real Estate Purchase Agreement, Outlot C and D, Harstad Companies, The Oaks at Minnewashta.
j. Extension of Preliminary Plat Approval, Shamrock Ridge Addition.
k. Approval of Amendment to Joint Powers Agreement, WAFTA Fire Training Facility.
' 1. Approve Purchase Agreement for Rottlund Property, TH 212 Corridor.
' m. Resolution #95 -84: Approve Traffic Signal Agreement No. 73847 with MnDot for the Intersection of TH
5 /CSAH 19 (Galpin Boulevard), SP1002 -60, City Project No. 93 -26A.
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City Council Meeting - August 28, 1995
n. Resolution #95 -85: Resolution Supporting Improvements to TH 5.
All voted in favor and the motion carded.
Mayor Chmiel: Steve, you've got (t). Approval of Bills.
Councilman Berquist: Do you want to talk about it now or do you want to move it until the end?
Mayor Chmiel: Well, is it going to be a long, lengthy discussion?
Councilman Berquist: I've got about a half a dozen items I just want to touch on.
Mayor Chmiel: Okay, then we'll put it to the back. We'll put that to item number 13. Colleen, you had the
next item (g).
G. CITY COUNCIL MINUTES:
Councilwoman Dockendorf: City Council Minutes, page 50. About half way down. It reads, I certainly
envision Chanhassen being a bedroom community. Whether I said it or not, my intent was to say, I certainly do
not envision Chanhassen being a bedroom community so.
Mayor Chmiel: Okay. With that, would you like to move that?
Councilwoman Dockendorf: I'd move approval.
Councilman Mason: Second.
Councilwoman Dockendorf moved, Councilman Mason seconded to approve the following Minutes:
City Council Minutes dated August 14, 1995 as amended on page 50.
Plaiming Conunission Minutes dated August 2, 1995.
Pads & Recmation Conunission Minutes dated July 25, 1995.
Padc & Recreation Conunission Minutes dated August 8, 1995.
All voted in favor and the motion canied.
O. APPROVAL OF FINANCIAL CALENDAR. FINANCIAL POLICIES.
Councilman Senn: Just quickly on (o). On the ongoing calendar, I'd like to see us put, Don put in a quarterly
review both on debt and on debt obligation and, what was the other thing. I have it here somewhere. And the
status on investments. And with that I'd move approval.
Councilman Mason: Second.
Councilman Semi moved, Councilman Mason seconded to approve the Financial Calendar, Financial Policies as
amended by Councilman Senn. All voted in favor and the motion caned.
K
I City Council Meeting - August 28, 1995
VISITOR PRESENTATIONS:.
t NEW CHANHASSEN JAYCEES CROUP, DEB SCHARFF, 1060 LYMAN COURT.,
Deb Scharff: We're here just to let you know that we have just begun a Chanhassen Jaycees here in Chanhassen
' and that being a new group who is here to work for the community, we are kind of looking for some projects.
There are some projects that the Jaycees have done... different things like that that we would like to incorporate
as we increase our numbers and our time. Dwayne's our President. I'll let him speak.
' Dwayne: If there's any community. I know that we used to have a Septemberfest. Is that still going to happen
this year? We'd like to be involved with that in an}' way we can. Any other, what's the event in February
' called?
Mayor Chmiel: Well we're going to have the Centennial coming up as well. Our 100th year so we appreciate
all the help Nve can get there.
Dwayne: Okay. Keep us in mind I guess is all we came to really say
E Mayor Chmiel: Alright. How many total number do you have now?
Dwayne: Right no\� we have 28 members.
Mayor Chmiel: Oh great. So it looks like it might be moving ahead. Through the years there's been several
times that they've tried to get started and had some rough times. It's good to see another organization within the
community that's willing to participate within the community and I thank you very much for your efforts and
hope it all goes well.
Councilwoman Doekendorf: Mr. Mayor, may I ask something'?
Mayor Chmiel: Yes.
Councilwoman Doekendorf: Do }'ou intend to operate any gaming or look for any gaming operations in town?
D\vavne: No. Not at this point.
Councilwoman Doekendorf: And what's the current age for Jaycees these days?
Dwayne: Jaycees is 21 to 39.
Councilwoman Doekendorf: 39. Thank you.
Councilman Senn: Are you going to have a regular meeting time and place or anything like that?
Dwayne: Yes. Our meetings, we're thinking, we're possibly thinking about moving our meetings to the City
Council Chambers on the second Thursday of the month. From 7:00 to 8:00 but we haven't got...
3
City Council Meeting - August 28, 1995
PRESENTATION OF AWARDS OF EXCELLENCE, FEBRUARY FESTIVAL AND ANNUAL
SPONSORSHIP PROGRAM. MINNESOTA RECREATION AND PARK ASSOCIATION.
Todd Hoffman: Thank you Don. Introduction is in order I believe. I'd like to introduce Marcie Padgett, who is
the Chair of the Awards Committee. The city is receiving two awards of Excellence for February Festival. For
it's initial year as a festival. ...festival which brings people together in a community to celebrate their
community. And the second is annual sponsorship program which nets the community oh approximately
$30,000.00 on an annual basis. That program we seek a one time donation from our business community to
ironically sponsor those special events on an annual event. So both programs go hand in hand. We're very
happy to be recommended by the Minnesota Recreation and Parks Association. The city earned two of the 15
awards...
Marcie Padgett: Thank you Todd. I'm going to tell you a little bit about MRPA and how we go about
choosing the winners of our awards. The purpose of the Minnesota Park and Rec Association is to improve the
quality of life by promoting the profession of parks, recreation and ... in the State of Minnesota and to provide it's
members with continuing education opportunities. To serve as an information resource on new trends in the
field of parks and rec and to provide recreational services to ... MRPA was founded in 1937 and currently has
over 1,500 members throughout the State of Minnesota. Our MRPA awards committee was established in 1987
...recognizing and honoring individuals and agencies for excellent, outstanding, or unique achievements in the
field of parks, recreation and leisure services. A major goal of our committee is to—awareness and appreciation
for the great parks, trails and recreation programs and services in the State of Minnesota. Awards of Excellence
are presented each year to those cities that eve determine to have the best new programs, facilities or volunteer
efforts. Nominations are submitted to our committee about the middle of April and they are then rated by our
committee in the areas of funding, planning, inter agency cooperation, community support, originality and the
final evaluation of the project. It is very rewarding for the committee members to then come out and present
the awards to those who are responsible for these great new projects. Last year Chanhassen was presented an
award for Lake Ann Park and this year they will receive two awards. It's my pleasure today to present these
awards to the City of Chanhassen. The first award is in the area of volunteer sponsorship, as Todd said. It's for
Chanhassen's annual sponsorship program. And the second award is in the area of programming for the
Februan' Festival. Congratulations from MRPA.
Mayor Chmiel: Thank you very much. We'll accept them on behalf of the City. And we thank you very much
and good job, well done. Anybody else?
Councilman Berquist: Very nice. We've got an excellent park and rec department and I think these are just
signs that you're getting recognition throughout the rest of the metropolitan area. Congratulations.
Mayor Chmiel: Anyone else?
Councilman Senn: Ditto.
Mayor Chmiel: Okay, good.
Councilman Senn: I'm on the end. I get to keep the awards anyway.
Mayor Chmiel: Todd's getting up to get them. Okay, thank you very much. We really appreciate it.
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City Council Meeting - August 28, 1995
AWARD OF BIDS: LYMAN BOULEVARD SURCHARGE CONTRACT, PROJECT NO. 93- 32B -2.
Charles Folch: Thank you Mr. Mayor, members of the Council. This past Tuesday we opened bids for this
surcharge project. A total of six bids were received and we were awfully surprised at the low bid that we
received. It doesn't happen that often but every now and then the city ends up becoming the recipient of good
' timing and this is the case here. We have a contractor who needs to get rid of material on a construction
project locally and he'll just go over to this project and we can use the same material. As such, we have a 50%
cost savings over what our estimate was for the project. Friedges has performed under subcontract with the city
' before and we had no problems with their performance in the past. So we would, staff would move to approve
the surcharge contract to Friedges Landscaping in the amount of $69,940.00.
' Mayor Chmiel: Okay. Are there any questions? Steve.
Councilman Berquist: Shafer was pretty close?
' Charles Folch: Yeah. Shafer was right behind them at about $3,500.00.
Councilman Berquist: Where are they? It's obviously the same situation.
' Charles Folch: I assume that's the same situation. We didn't make contact with Shafer but I would guess it'd be
the same.
Councilman Berquist: And they didn't contact you knowing that their number was going to be, I mean they
must have had dirt, or fill in the same area and the}' knew they were going to be real down and dirty. They
didn't call you and say «'here are we at?
' Charles Folch: No.
' Councilman Berquist: Really?
Councilman Senn: Do we have another project we can have them do?
Charles Folch: Usually once the bids are opened, we put all the information on a voice mail recording for all of
the subcontractors who want to call. So they may have called to verify where they stood and when they found
out they weren't the low bid...
Mayor Chmiel: Is there a motion for approval?
' Councilman Mason: Move approval.
Councilman Senn: Second.
Resolution 495 -86: Councilman Mason moved, Councilman Senn seconded to awarnl the bid for the Lyman
Boulevani SuiLhawe Ptujcct No. 93 -3213-1 to Fdcdges Landscaping, Inc. in the amount of $69,940.00. All
voted in favor and the notion canied unanimoush'.
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City Council Meeting - August 28, 1995
AWARD OF BIDS: GALPIN BOULEVARD (CSAH 19) FROM TIMBERWOOD DRIVE SOUTH TO
LYMAN BOULEVARD (CARVER COUNTY PROJECT PW026E).
Charles Folch: Thank you Mr. Mayor, members of the Council. This one's hot off the press this afternoon.
Carver County opened bids for this project. A total of six bids were received. You should all have an updated
copy of that handout tonight that highlights that the City Council... In fact all of the six bids were lower than
the engineer's estimate of $914,000.00. However, the low bid was not surprising submitted by S.M. Hentges
and Sons at $779,404.55. S.M. Hentges has all their equipment basically on site. They've done the school site
mass grading and also were the contractor for the city on the Galpin/McGlynn Drive project so they're right
there. The) know the area. They know the type of soil out there and... These bids have all been tabulated for
accuracy, as I understand it so this is a ... and again S. M. Hentges has a proven track record with the city for
performance in the past and we've established... If there any questions that you do have, Roger Gustafson, the
Carver County Engineer is with us tonight if you should have some specific questions on how they...
Councilman Berquist: 779's obviously lower than the estimate but given your argument, Hardrives, what's
Hardrive's doing in the area? Have they got equipment stacked around somewhere?
Charles Folch: Thev were actually a sub to Hentges on the Galpin/McGlynn city project. It's one of those
projects where a dirt contractor or a paving contractor, the value of the work is about equal so that's why
Hardrives...
Councilman Berquist: Okay, good.
Mayor Chanel: Any other questions? Hearing none, is there a motion to approve?
Councilwoman Dockendorf: I'd move we award the bids to S.M. Hentges and Sons.
Councilman Mason: Second.
Resolution #95 -87: Councilwoman Dockendoif moved, Councilman Mason seconded to award the bid for the
Galpin Boulevanl (CSAH 19) iveonshuction from Tinibenvood Drive to Leman Boulevard, a Career County
project, to S.M. Hentges and Sons in the amount of 5779,404.55. All voted in favor and the motion carried
unanimously.
VARIANCE TO THE REOUIRED DOCK SETBACK ZONE. 1085 HOLLY LANE. JULIE SPRAU,
RAVENSWOOD ESTATES.
Public Pttsent:
Name Addmss
Joe Shneider
1035 Holly Lane
Jim Lord
4231 Circle Road, Tonka Bay
John Fess
6280 Ridge Road
Jon Joseph
6290 Ridge Road
Ed Szalapski
850 Pleasant View Road
I.
City Council Meeting - August 28, 1995
John Rask: Thank you Mr. Mayor, members of the Council. The applicant is requesting a 7 foot variance from
both sides of the dock setback zone. The property's located at 1085 Holly Lane. As far as applicable
regulations here, Section 6 -1 states that a dock must be set back at least 10 feet from an extended lot line.
Section 5-23(a) states the City Council may grant a variance from the dock requirements of this article where it
is shown that by reason of the topography, soil conditions or other physical characteristics of the lakeshore site,
strict compliance with the dock requirements could cause an exceptional or undue hardship into the enjoyment
of the use of the lakeshore site. Provided that a variance may be granted only if the variance does not adversely
affect the purpose and intent of this chapter. Back in March of this year, the City Council did approve the final
plat for Ravenswood Estates with 15 conditions. Condition 14 stated that there shall be no dock moorings or
boat lifts on Lot 2. As you can see on the diagram here, Lot 2 is the rear lot. It does have the 10 foot strip of
land that provides access to the shoreline. It is the 10 feet of property does not allow for the adequate setback
for the dock. Back when the plat went through, staff made the determination that a dock has not existed on this
parcel over the years. Therefore it lost it's non - conforming status. Thus, they aren't able to have a dock on this
parcel unless a variance would be granted. In response to this variance request and in trying to dig up some
more information on it, we did review some slides that were provided by the ASCS Office. The Agricultural
Stabilization and Conservation Service and these slides, the ones we looked at were taken in August of '93 and
in July of '94 and Nve did not see any evidence of a dock on this parcel. We've also received a number of letters
from adjacent property owners and other lakeshore owners, property owners who indicated that there was never
a dock, or hasn't been a dock in recent years on this property. Again, based on information submitted, staff
determined that the previous owner lost a non - conforming rights to have a dock when he ceased to maintain a
dock on a yearli basis. The intent of eliminating non - conforming structures or docks is to bring properties into
compliance with applicable city codes and to eliminate uses which may negatively impact surrounding properties
or cause an overcrowding of the lakeshore. Therefore staff is recommending denial of the variance. On June
26th of 1995 the Board of Adjustments and Appeals held a public hearing to review this variance request. As I
mentioned before though, final approval must conic through the City Council. The Board of Adjustments and
Appeals did recommend denial of this variance on an unanimous vote based on the conditions outlined in the
staff report. At this time I'd be happy to answer any questions that you may have.
Mayor Chmiel: Does anyone have an) questions of John?
Councilman Berquist: John, in the packet there's a letter, does anyone mind if I speak? There's a letter that one
of the sentences says, it is our position that the property in question never had a dock in the past. Has there
ever been, in Kate's letter it initially said something about the proof was on the buyer as to proving the fact that
there was a dock at one point.
John Rask: Yeah. The burden of proof in this situation is on the applicant. The previous property owner, his
representative when listing the lot had contacted the city in regards to dock rights. At that time we were
informed that a dock had existed on this parcel and has been maintained throughout the years. And thus a letter
was written stating, the nun - conforming rights it would have under those circumstances.
Councilman Berquist: So that verbal conversation then dictated the tone of your letter?
Kate Aanenson: Correct. Specifically asked whether or not so we indicated that they would have, what the
issue was the non - conforming. If there was a dock there, the issue is it would have to, if it's not there
continuouslN', there was a year that it's out, then they've lost those non- conforming rights so the letter states that.
Now as far as has there ever been a dock there? I believe that there was some evidence showing that way, way
City Council Meeting - August 28, 1995
back the previous owner had at one time ]nit a dock there but the non- conforming issue says if there hasn't been
a dock there continuously, then they lose those rights.
Councilman Berquist: But way, way back. '
Kate Aanenson: At some time there may have been a dock there. '
Councilman Berquist: Okay. Well there's 11 people here that wrote this letter that, the one who wrote it,
asserts that the property never. Well never. Never's a long time. There's footings or whatever there but that's '
never been in an appearance since they've been aware, okay.
Mayor Chmiel: Anyone else?
Councilman Senn: A question Kate, the '94 letter. The August '94 letter. Now when that was written, we '
never went out and confirmed one way or the other?
Kate Aanenson: No. The applicants who were listing, not the applicant. An agent was listing the property '
and he asked me do I have dock rights. I said well, if you've had a dock in there continuously, then you have
docking rights. If you don't then, so I put the criteria, exactly. So he had something to use for someone
looking at the property. I said you'd have to demonstrate to us that there's continuously been a dock there. I
Mayor Chmiel: Okay. If there's no other questions, is the applicant here? Please step forward and state your
name and your address. ,
Julie Sprau: I-Ii. My name's Julie Sprau and my address is 3393 Lakeshore Drive and that's in Chaska. I'd just
like to take this opportunit just to make a couple of continents regarding this variance request. I'd also like to
observe a couple of minutes, because I think there are some other people that might make some comments and '
I'd like to have an opportunity to respond to any issues they may bring up. I think that the packet that we
received and the continents made by John accurately reflect the factual basis for this variance request. And
what I'd like to do is address some of the issues that were brought up at the Board of Appeals hearing in June ,
and address those. First, the facts surrounding the existence of a dock continue to be in dispute. The seller of
the property has indicated to us that, and has some pictures of which I don't have at this time, that there was a
dock over the course of the last 4 years, on and off. However, for the purpose of this variance request, the
continuous existence of a dock is not relevant because I'm not trying to establish that we have dock rights '
pursuant to the non- conforming status criteria. We are requesting a variance. Therefore, proof of the
continuous existence of a dock is not relevant to the variance criteria. I'd also like to address in some of the
letters from the landowners. They refer to this 10 foot piece of property as an easement, and it's not an
easement. This piece of property ryas with the lot when we originally purchased it. We didn't buy it
subsequently or get an easement granted from someone else. This was with the lot when we looked at the lot
originally and then when it was subsequently subdivided with the city. Additionally, at the Board of Appeals '
hearing, a neighbor indicated that they had, the people that they were representing granted an easement to the
city and that somehow granting this variance would additionally burden them. I'm not exactly sure how it
would burden them and I don't know that a neighbor's granting or not granting of an easement should have any
impact on the decision to grant a variance in this situation. They're completely separate issues. Additionally, ,
another neighbor pointed out that they had looked at this piece of property and decided not to purchase it
because the dock rights were uncertain and they didn't want to go through the variance process. Again, that was
that individual's decision to pursue another piece of property. Pay a higher price with assured dock rights. And '
City Council Meeting - August 28, 1995
finally there's a couple other concerns that are indicated in the letter from the neighbors and I'll address those in
a couple minutes. 1'd just like to take a couple minutes here to set forth that what we're requesting in this
variance. We're requesting a variance from the city's dock setback requirements so that we can reasonably
utilize our property. We feel the request is reasonable in that we are willing to significantly limit the rights that
might be associated with that variance by writing specifically into the variance limitations, and I indicated this
in a memo I delivered to you last Friday. Limiting the length of the dock to that necessary to reach acceptable
depth to moor a boat. We are willing to limit the dock to support only one boat. And we are willing to limit
the length of the boat and the size of the motor associated to the boat to a practical size. We understand that
some of the neighbors have indicated a concern regarding boat traffic on Christmas Lake and we feel that, we
understand the concerns and we feel that we're addressing them by placing these limitations on the variance.
Additionally, Christmas Lake has a public access. The addition of a dock and a boat is going to have a neglible
affect on that boat traffic on that particular lake. I know another concern in granting variances is the precedent
that miglit be set. Variances by their very nature are fact specific. Unless another situation comes up where the
facts are significantly the same as this situation, there is really no precedence set. Additionally, there is
currently no similar situation on Christmas Lake. If you have any questions with regards to my comments or
the facts surrounding the case, 1'd be happy to answer them at this time. Again, I'd just like to have a couple
minutes after everyone else has spoken to address any new issues that might come up.
Mayor Chmiel: Good, thank you. Is there anyone wishing to address this that is in opposition of granting the
variance'?
Jim Lord: Mr. Mayor, members of the Chanhassen City Council. My name is Jim Lord and I'm here
representing the interests of my parents, Miles and Maxine Lord. We're here to urge the Council to deny this
variance. Historically I've lived at this piece of propert}'. My parents have lived there. I'm there all the time.
I'm here to tell there is no continuous dock. The petition that we have supplied the Council, signed by actually
about 20 people, welconnng Ms. Sprau to our community, and we truly do. But requesting, this was requested
to the Board of Appeals, that this variance be denied. And also noting that there ... that the property in question
never had a dock. And I think probably what started out ... Ms. Sprau was really based upon the real estate
agent's representation to the staff that there had always been a dock on that 10 foot parcel. But the applicant
then was questioned by Councilman Berquist at the Cit) Planning Commission meeting about what her intent
roperty. If there was any—short excerpt from... Councilman Berquist: Well, if there's no dock
was about the p
rights will the property, is the property still, I mean are you going to continue to subdivide it? Ms. Sprau: Ah
yeah. I should have made that point as well. We would like this to sort of be considered as a separate issue to
the subdivision. I don't know that it's necessarily integral to the subdivision itself because we are still interested
in the property without the dock rights. Nosy, I really believe that there is some relevance to what the views of
the neighbors are. Including other easements on the property. Mr. Joe Shneider is here. He was the new owner
of the adjacent property who appeared before the Board of Appeals to urge that the variance be denied. What
Ms. Sprau was referring to is an easement already that burdens the Lord property. Back some time in the
1970'x, if you picture looking at Christmas Lake from my folk's house. They gave to this city an easement for a
sewer system, down the side and across the property. Gave it to the city. And along with that was a sewer lift
station. Which we don't complain about. It's there but it does create a bit of an odor sometimes so our family
in our frequent gatherings down at the lake, sit on the side of the property adjacent to Ms. Sprau and eat. And
for the cite to, it would put a burden... The same city that they gave this easement to, if they would turn around
and throw the burden of property with this dock... something I don't think my folks would—so I'm here to urge
this Council to follow the recommendations of the Board of Adjustments and Appeals and ... ask the Chanhassen
residents to sign a petition... thank you.
City Council Meeting - August 28, 1995
Mayor Chmiel: Thank you. Is there anyone else?
Joe Shneider: Mr. Mayor, members of the City. My name is Joe Shneider. I own the property at 1035 Holly
Lane and I've been involved in this for a little bit of time but rather than ... when I asked the realtor for the letter
from the city verifying that there had been a dock and I could get a dock for this property if I bought it. So I
was the one that chose not to go forward, and I can tell you now after having used the, owned the property for,
since May Ist and have used it all summer, there isn't a heck of a lot of room there. I mean nobody's sitting up
there with a view of the lake with a picture or anything that could talk about the hardship but there isn't a lot of
room. And so I also am urging the City Council not to grant the variance. I sit here from my point of view,
thinking about what is the purpose of the dock. I'm sorry, what is the purpose of a setback requirement for a
dock and I presume that it's so there's not an infringement on either side... If it's a 10 foot strip of land and
there's supposed to be a 10 foot setback on each side, that means 30 feet of that frontage to have a 10 foot wide
dock. If you put in a 4 foot wide dock, you'd still need 24 feet. We're at 10 feet with the property so one or
the other... 14 feet, or 13 feet or whatever size dock you want to put on is going to take away from some of this
property. If you then think about mooring a boat there, well you're going to take more... It just doesn't make
radical sense to me that you can not have an easement, grant an easement on the property and have a variance
that doesn't have a hardship on the neighbors. So thank you for your consideration.
Mayor Chmiel Thanks Joe. Anyone else?
Ed Szalapski: Members of the committee, thank you very much for your time. My name is Ed Szalapski. I'm
a property owner on Christmas Lake and a member of the Lakeowners Association. I'm here to oppose the
variance this evening. Like Mr. Shneider, we were shopping for property last year and visited the property in ,
question and found that there was no evidence that there had been a dock there and it's very visible to anybody
who goes there. I assume that in addition to not imposing upon neighbors, the setback requirements are also
written to preserve the quality and the biology of the lake. Obviously we do not want the lake to become over '
developed and over crowded. Christmas Lake is a beautiful lake but it's at a crossroads right now. Phosphate
levels are at record levels. Silt levels are high and we're currently engaging in formulating a management plan
to help preserve the beauty of the lake. If we start letting people with 10 feet of land put a dock and a boat on
the lake, the lake isn't going to last very long and that's why I oppose the variance. Thank you. '
Mayor Chmiel: Thanks Ed. Anyone else'?
Jon Joseph: My name is Jon Joseph. I live at 6290 Ridge Road in Chanhassen and I've also here to oppose the '
variance. Christmas Lake has recently put in a public access. That public access had a limited number of
parking spaces. Those parking spaces were not limited by—they were limited by the DNR. There was a
definite survey of the lake as to boat traffic. There was a reason why they didn't put more than 7 spots at that '
boat access. Because once the lake gets over utilized, nobody has fun. Right now Christmas Lake is already
over utilizing their public access. People have found different ways to park and move it outside that public
access and flood the lake with boats. The last thing this lake needs is a variance to add more boats to it. I feel '
very sorry for the buyer because perhaps the property was misrepresented to them. I enjoy having new people
in the neighborhood. In fact I'm a new person to the neighborhood but I can tell you that the recreational and
quality aspects of this lake are definitely being tared already and there is certainly no reason to have a variance '
to add more boats on this lake. Thank you.
Mayor Chmiel: Thanks Jon. Anyone else?
11%
City Council Meeting - August 28, 199.5
Jack Fess: Good evening Mr. Mayor, City Council, guests. I'm Jack Fess and I live at 6280 Ridge Road and
I'm the person that wrote the cover letter... for that reason. I wanted to get up here and talk a little bit about it.
I personally \\ alk the lake and there's only t\\'o homeowners, outside of Joe and outside of Miles himself that I
did not contact and those two people basically, Frank Beddor was one and the other neighbors were out of town
at the time. I've lived on 6280 Ridge Road and look directly across the lake into Miles' house and into this
parcel of land since March of 1983. I probably spend more time on the lake than anybody else because I'm an
avid waterskier and I literally spend all summer on that lake. Day in and day out. I'm also the member of the
Board of Christmas Lake Association. I'm also the Water Safety appointed person to try to keep some...
neighbors. The reason I'm here, it has nothing to do with land values. It has nothing to do with public access,
which I was involved in to some extent when that went in. I'm basically here to basically say that I know the
person that owned the property very well. He's done work for me. He never had a boat. He has a dock that
is ... and there never has been a boat on that lake. In fact he never was on the lake. He has a Bobcat. His name
is Mr. Chips. Some of the folks in the room might know who he is. He's a small time contractor. Very nice
guy and he never owned a boat as long as I've known him. There is marshland next to this property and when
we said never, we're basically saying in the last 10 to 12 years, 13 years we have not seen anything. I can't
speak past that. I will say that the guy did tell me when he was a young boy and lived on the lake there was a
dock there, and this particular fellow today is about 46 -47 years old. When I questioned him and said, have you
seen a dock there in the last 10 or 12 years, the answer was no so I'm only here to basically let everyone know
that I, and my neighbors that signed this, basically have not seen any activity there. No dock there. Now we
have a number of variances like this left on Christmas Lake and most of them were over in Shorewood. I can
tell you that those properties are very, very valuable. The difference on a piece of property on the Ridge Road,
east side of Ridge Road in either Chanhassen or Shorewood, that has one of these variances, the dock has been
maintained. It's probably the difference of $200,000 in a piece of property. That's a heck of a lot of money.
Dr. Jim Meyer who \\ ill be at this meeting on his subdivision, has one of the few variances that's on that lake
for his house. Walk across the street and there is a variance and that variance has been there, as long as I've
lived there, but he has maintained that dock with a boat every year since I've been there and there's a beautiful
dock down there. Do I'm only here to say basically that I will test, along with my neighbors that we have not
seen any activity. Thank you.
Mayor Chmiel: Thanks .Tack. Anyone else'? I'll give you 5 minutes more.
Julie Sprau: Oh, I don't even need that. This will just take a couple minutes. All I ask is that a couple times
again it's brought up whether or not there's ever been a dock there. I'm asking for a variance. Whether or not a
dock has existed, that's something that I'm not going to dispute or have evidence for or against. We're asking
for a variance. We're asking for a minimal variance. We have asked, we have set some pretty significant limits
on it. Again, whether or not another party was granted an easement to the city should have no impact on this
variance request. This is not a ... system. And someone else's decision to pursue another piece of property, was
their decision. We decided to pursue this one. We weren't going to throw the baby out with the bath water.
We signed a contract, a purchase agreement to buy that piece of property. We were afraid if we backed out,
they'd sue for breach of property. Not a pleasant thought. We decided to make the effort, take the time, pay
the expense to pursue this variance. Other than that I think my previous comments speak to the variance issues
and I'd just ask that this decision be made on the variance criteria which have nothing to do with whether or not
there was a dock previously or how that property was used in the past. Thanks.
Mavor Chmiel: Thank you. Okay, with that we'll bring it back to Council. Mark.
11
City Council Meeting - August 28, 1995
Councilman Senn: Kate, can you help me'? What's the history on the 10 foot? That seems kind of odd that
that was done in the first place.
Kate Aanenson: That came recently when we were doing the, putting the non- conforming beachlots back into
compliance with the narrow frontage requirements. We went through and permitted all of those. We amended
the code to provide for the dock setback. Again, in those instances where you've got the narrow frontages, there
was a lot of concerns from people on the lake where they had the narrow frontage and they were crossing over
other people's property and safety issues.
Councilman Senn: No, I'm sorry. I meant the 10 foot as it relates to the plat. Where there's a 10 foot strip
down.
Kate Aanenson: What's the history of that?
Councilman Senn: Yeah. To the link right there. Isn't that unusual'?
Kate Aanenson: Well yeah, that's 75 feet now. That's what she's stating. That that's been there for a number of
years, correct.
Councilman Senn: When was that done?
John Rask: The plat was done I believe in 1929. When that change came into effect, probably was about the
time we adopted zoning, or the shoreland.
Councilman Senn: So that 10 Coot strip's been there a long'?
John Rask: Yeah. Since the, probably sometime after that it was created. 1929 or.
Councilman Senn: That's it for questions.
Mayor Chmiel: Okay, Mike.
Councilman Mason: I don't have any questions, no.
Mayor Climiel: Colleen.
Councilman Berquist: No, I don't have any questions.
Mayor Chmiel: Alright. Everybody understands the issues and I'm sure that, as it's written within the staff
recommendation, that there is insufficient area for the dock setback. It's 10 feet. 10 feet from either side. I
remember going throu11h this for a long period of time. Those of us who were on the Council and there were a
lot of irate people that were in here. That's a nice way to put it. And we listened. And we did an awful lot of
work on that particular ordinance. We massaged it. We worked it. We tried to do what we thought was best
within the community and I guess it will come up right now to see whether or not that will stand. I think the
dock ordinance is a good one. I think for what we went through, and the time involved to really understand it,
took a lot of understanding and I think we're probably at a point now to say, whether or not this variance can be
requested or not. So I'm going to ask for a motion in regard to this proposal.
12
City Council Meeting - August 28, 1995
Councilwoman Dockendorf: Well, I will make a motion after making a few comments. Like you stated, these
non - conforming beachlots and all the requests, or all the problems that we've had in getting this variance in and
listening to people, it's been a headache and it's been hard because there's been a lot of proof back and forth.
Was there a dock'? Was there not'? And we've been through this whole argument before so I'm very glad Ms.
Sprau that you relieved us of that duty and really cut to the crux which is whether this is worthy of a variance.
And I'm sure the original platting of the land with that 10 foot strip was to give access to the lake. I mean
there's no other reason. However, since the ordinance has been put in place, I'm relying on what the applicable
regulations are to granting a variance and it specifically states that we may grant a variance, City Council may
grant a variance from the dock requirements where it is shown that by reason of topography, soil conditions, or
other physical characteristics of a lakeshore site, it would cause an exceptional or undue hardship and I don't see
that applying in this case. There are no topographical or physical characteristics or soil conditions. It's simply
how the piece of land was plotted so I don't find, I don't honestly find any reason to grant the variance so I
would move that we deny the request.
Mayor Chmiel: Okay.
Councilman Mason: 1 concur completely \with Colleen's comments so I'll second that motion.
' Roger Knutson: Mayor?
Mayor Chmiel: Roger.
Roger Knutson: .lust as a, in the past sometimes we've gone to formal findings when we deny variances. In
this case I don't think, unless you decide to do so, I don't think it's necessary. But just to sum up, so we have a
clean record of this, if anyone asks the basis for denial. I'd suggest that there's a reasonable use of the property.
' That you can put a house on it. And second, technically it's a self created hardship because they purchased the
property knowing the restriction on it's use. And if you Xrant to incorporate that in your, as your findings, that
would, might be appropriate.
' Mayor Chmiel: Okay. Now let me ask the question too Roger covering some of that, as we go through the
recommendations of staff, we have items 1, 2 and 3.
Roger Knutson: You're right and incorporate the findings as set forth. Those two reasons plus the findings as
set forth in the planning report. I think you've got all the bases covered. Again, not suggesting how you want
to vote. If that's the way you want to vote, then it'd be a good reason.
Mayor Chmiel: Okay, with those additions added and would the motionee accept those conditions?
Councilwoman Dockendorf: Absolutely.
Mayor Climiel: And the second'?
r Councilman Mason: As will the second.
Mayor Climiel: Okay. With those exceptions as indicated by Roger with the recommendations also of staff
13
City Council Mecting - August 28, 1995
Councilwoman Dockendoif nioNed, Councilman Mason seconded to deny Variance Request #95-7 fora dock
vari.mee based on the followinb findings:
1. The applicant has reasonable use of the property with the existing home and access to the lake.
2. The previous owner let the non- conforming dock rights expire by not maintaining the non - conforming
structure.
3. The construction of a dock on this parcel would increase the non - conformity of the lot.
4. Technically it's a self created hardship because the applicant purchased the property knowing the restriction
on it's use
All voted in favor and the motion carried unanimously.
REOUEST FOR INTERIM USE PERMIT FOR THE FILLING AND STABILIZATION OF AN EXISTING
RAVINE ON BLUFF CREEK GOLF COURSE, GRADING PERMIT FILE NO. 95 -4.
Public Present:
Name Address
Gary Anderson
725 Creekwood
Jim Sabinske
775 Creckwood
Norman T. Berglund
1025 Creekwood
Claire & Anne Vogel
815 Creekwood
Dale Gunderson
845 Creekwood
Gloria Boynton
777 Creekwood
Dave Hempel: Thank you Mr. Mayor, members of the Council. We have an application submitted to the city
by the Bluff Creek Golf Course Association for an interim use permit for filling and stabilization of an existing
ravine at Bluff Creek Golf Course. Due to the size of the ravine, this project could be going on for many years
as clean fill material becomes available. The interim use permit would be reviewed and renewed annually for
compliance \\ith the conditions of approval. This project will be restoring and enhancing the bluff line which
has been see erel eroded over the past years. On August 2, 1995 this item was before the Planning
Commission. A number of residents appeared to voice their concerns for dust control, the amount of fill,
conditions of the street, hours of operation, and monitoring of the fill placement. The Planning Commission
directed staff to meet with the neighbors to discuss the hours of operation and the days of the week hauling may
occur. Staff has received back numerous letters and telephone calls from the residents with their concerns
regarding hours of operations. As expected, there was no uniform or set period that would satisfy all the
residents. However based on the surve\ the responses by the telephone, it appears that no hauling should occur
on Saturdays or Sundays and the hours of operation be restricted to 8:00 a.m. to 4:00 p.m. during the week.
Another acceptable alternative would be to limit the days of hauling to 3 days a week, such as Tuesdays,
Wednesdays and Thursdays, from 7:00 a.m. to 6:00 p.m. Another major concern was dust control. One of the
conditions that were placed by the Plannin= Commission was that the driveway access be paved. I've been
informed by the applicant that the\ are proposing to go ahead with paving of the driveway prior to an)' filling
operation. And the paying is proposed to be done in the first week or two of September, pending weather
14
City Council Meeting - August 23, 1995
conditions of course. Staff requests City Council consider two addendums to the conditions of approval by the
Planning Commission. Those conditions are number 10 and number 17. These modifications to the conditions
' of approval have been made, are noted in bold type. With these changes, staff is recommending approval with
the conditions outlined in the staff report. Thank you.
' Mayor Chmiel: Good. Any questions'?
Councilwoman Dockendorf: Yes. On condition number 17. I'm just trying to figure out if we get our, a mega
' storm on Halloween, will that stop the work as well?
Dave Hempel: That would halt construction, given that magnitude of snow, yes.
' Mayor Chmiel: Any other questions'? Is the applicant here?
Norman Berglund: Yes.
Mayor Chmiel: Please step forward and state your name and your address please.
Norman Berglund: My name is Norman Berglund. I'm a general partner in the Bluff Creek Golf Association.
live... I haven't seen the conditions as proposed by Dave but I think we should go back to what the original
intent of this request is. We have a condition that's existing, a ravine that's been there for many, many years.
That's been eroding. What \%c want to do is maintain the existing bank plus, over a period of time. I don't
think we're going to get a lot of fill in right away but over a period of time we'd like to start to fill that ravine
and restore the damagc ... top of the bluff to basically it's original condition. I assume this will take many years.
As far as the neighbors have expressed concern over when the hauling will take place. Right now our plan is,
' we're not going to buy fill. We're going to take fill as it becomes available and there may not be any available
for months and months. We don't know. But we're going to take fill as it's available and we will deposit it
accordingly to tile ... set forth by the Watershed District and Mr. Hempel. But this restricting to three days a
week, what is it Monday, Wednesday or Friday, or whatever it is.
Dave Hempel: Tuesday, Wednesday and Thursday
' Norman Berglund: I think that's an unreasonable restraint. We should be allowed, on Saturdays and Sundays
no problem.. but I think we should have ... 5 days a week as the fill becomes available. If we're not, we're doing
this primarily to help our situation for drainage and it will also help the overall condition of the bluff... The
concern with us is, that's been a problem for us for ,years and we've been planning to pave the road. Tomorrow
morning, weather permitting, we'll start paving the driveway. So we'll put the driveway in tomorrow. However
we have a little, our concern before, on the driveway was, we put the rock in, it's been wet. It's been raining on
and off just enough to cause some difficult base conditions during the summer so we're concerned that we've got
some weak spots in the base, and we're going to put a 2 inch mat down this fall and then we'll let it stabilize
and settle. Go through the frost cycle and then in the spring we'll check and repair the damage spots and then
go over it with a 1 inch wearing mat. So it will be, the dust will be abated this week. And I would request that
' we have hauling rights 5 days a week. Not Saturdays and Sundays. We don't need that. And the fill will come
in as available basis. Like 1 says, we may not get any at all this )'ear. If the conditions, a lot of the projects
this }'ear have already taken care of their excess material. So we also, is this, the term of this is for one year
from the date of approval? Okay. So I would that we be given 5 days a week and this project, we're paving
15
City Council Meeting - August 28, 1995
the road tomorrow. The dust problem should be solved. Will be solved and I think this filling of this, and
stabilization of this ravine over a long period of time is going to better the community. Thank you.
Mayor Chmiel: Thank you. Is there anyone else wishing to address this issue at this time? I think all the
calls that I've gotten on it a lot of you were more concerned with getting that mat down than anything else.
Gary Anderson: I'm Gary Anderson. I'm at 725 Creekwood and I'm speaking for some of the neighborhood
there and we're happy to see that there will be a... I think that's one of our concerns Norm. One of the other
concerns would be, as far as if somebody sells their house and they look in the Minutes of this meeting
knowing that there might be dumping in that area, and how long will it take to fill this ravine to stabilize it.
That's a concern that some of the neighborhood has and knowing the quality of fill that goes into that ravine, I
think that's another issue that I think you all have in the packets there. I think the number one thing for some
of the neighbors is the fact that—appreciate the fact that... We all understand the bluff with the erosion and the
watershed... dozen ravines just like it up and down that same ravine... I think the Vogel's grandfather, he founded
most the land in Chanhassen. I wouldn't be surprised... to fill all the ravines so our concern, the number one
concern was to have it blacktopped and if that's the case, it's up to the Council whether or not you... Whatever
you folks decide and we'll go along with it. Thank you.
Norman Berglund: Mr. MaN or?
Mayor Chmiel Yes.
Norman Berglund: May I make a continent. This will not be a dump. This is clean, select fill.
Mavor Chmiel: Right, good point. Thank VOLT. Anyone else'? If seeing none, we'll bring it back to Council. It
appears that most of the things have been «orked out. The two addendums that Dave had indicated into the
proposed recommendation. Is there a motion to approve?
Councilman Semi: I have a question for staff first, if I could.
Mayor Chmiel: Okay, clarification.
Councilman Senn: David, in terms of 18. Does that basically mean that we're going to go out and do an
annual inspection of that roadway and make sure it's in good condition before we renew each year...
Dave Hempel: Mr. Mayor, members of the Council, that is correct. What we've planned on doing is actually
videotaping the surface of the road to document any.
Councilman Mason: That sounds pretty exciting.
Councilwoman Dockendorf: I also have a question. Will we be inspecting the fill? I mean I have 4,000 yards
of fill in my front yard and we tried to plant a tree and we run into concrete so, are we planning on making sure
it's clean fill or what control measures do we have in place?
Dave Hempel: I believe there's a condition in here that the applicant must notify the city every time that they're
going to be filling Out there.
16
City Council Meeting - August 28, 1995
Councilwoman Dockendorf: Do we have any intention of going out and inspecting this fill'?
Dave Hempel: We \will make periodic inspections out there to see if the site is being restored in accordance
with the plan. 1 believe the Watershed also will make periodic reviews.
Councilman Senn: Do you want the 5 days Versus the 3 days stated?
Dave Hempel: I believe condition number 4 states the Monday thru Friday, 8:00 thru 4:00 p.m.
Mayor Chmiel: Okay. Any other questions? If not, is there a motion?
Councilman Senn: Move approval.
Councilman Mason: Second.
Councilman Senn moved, Councilman Mason seconded to appruwe Interim Use Pennit 495 -1 for Bluff Creek
Golf Course as shoiwn on the plans prepared by SchOell & Madsen dated June 6, 1995, mvised June 7, 1995
(received June 29, 1995) and subject to the following conditions:
1. The applicant shall be required to provide the City with a letter of credit or cash escrow in the amount of
$5,000.00 to guarantee maintenance of erosion control, site restoration and street cleaning. The financial
guarantee shall be released upon completion of the project.
' 2. The applicant shall fence the top of slope area for safety purposes and to discourage /prohibit unauthorized
filling after hours.
' 3. The site \will be subject to periodic revie\\ by the City and inspections to ensure compliance with the
conditions appropriate to ensure health, safety and restoration.
4. Hours of operation shall be 8:00 a.m. to 4:00 p.m., Monday through Friday, with no work on Saturdays or
Sundays or legal holidays.
' 5. Erosion control measures sliall be installed prior to commencement of any filling operation. Erosion control
measures shall remain throughout the project until the slopes are fully revegetated and removal is authorized
by the city.
6. All disturbed areas, as a result of this construction, must be restored with seed and disc - mulched, sod or
wood-fiber blanket within Wo weeks from the completion of construction or no later than November 15,
1995. .
7. All fill material to be placed in the ravine must be clean fill free of any debris. Clean fill consists of clay
or granular type soils. No organic or landscaping debris, asphalt or concrete larger than one foot in
' diameter will be permitted. All unsuitable material discovered must be removed by the applicant as direct
by the C iti.
8. The applicant shall comply \ \ nth the Riley- Purgatory -Bluff Creek Watershed District's permit.
17
City Council Mecting - August 28, 1995
9. The applicant shall daily clean dirt and debris from streets that has resulted from construction work by the
applicant, it's agents or assigns. If the streets are not maintained, the city shall use the applicant's security
escrow to hire outside forces to complete any necessary work.
10. This interim use permit shall be renewed on an annual basis. The permit shall expire one (1) year from the
date of City Council approval. The applicant shall contact the City to request a formal extension 45 days
prior to expiration. The renewal permit shall be subject to City Council approval for renewal.
11. The applicant shall reimburse the city for all costs incurred in the enforcement of this permit including
engineering and attorney's fees.
12. The applicant shall hold the city and it's officers and employees harmless from claims made by itself and
third parties for damages sustained or costs incurred resulting from permit approval or work done in
conjunction %with it. The application shall indemnify the city and it's officers and employees for all costs,
damages, or expenses that the city may pay or incur in consequence of such claims, including attorney fees.
13. In the event of default by the applicant as to any of the work to be performed by it hereunder the city, at
it's option, may perform the work and the applicant shall promptly reimburse the city for any expenses
incurred by the City provided the applicant is first given notice of the work in fault not less than four days
in advance. This permit is a license for the city to act and it shall not be necessary for the city to seek a
court order for permission to enter the land. If the city does any such work, the city may, in addition to
other remedies, assess the cost in whole or part to the property owners.
14. The applicant must notif\' the cith engineer in writing a minimum of 48 hours prior to project commencing
15. The site shall be graded in contonmance with the approved ravine restoration plan prepared by Schoell and
Madson dated ,Tune 6, 1995, revised ,Tune 7, 1995.
16. Prior to commencement of the project, the access road shall be paved.
17. No work shall occur from November 16th through May 15th.
18. City staff shall do a formal surVey of the road prior to the commencement of the project and monitor road
conditions and address any necessary repairs in a timely fashion for the residents.
All voted in fay or send the motion carried unaninwusly.
SITE PLAN REVIEW OF A 9,161 SO. FT. OFFICE /WAREHOUSE FACILITY ON A 1.57 ACRES LOT: LOT
2, BLOCK 1, CHANHASSEN BUSINESS CENTER 2ND ADDITION: HIGHLAND DEVELOPMENT, INC.
Kate Aanenson: Thank you Mayor, members of the City Council. This is the third business site plan review
that the Council has seen in this industrial park. The proposed building is approximately just under 10,000
square feet with a possible expansion of additional space. It's at about the same grade as the railroad tracks. I'll
let the applicant go through the design of the building itself. The Planning Commission had tabled this for
additional landscaping and the concern about the no painted stripe. The applicant has revised that and is using a
method to apple that stripe that \\e believe provides the durability which we were looking for in this industrial
park. The staff is recommending approval of the project with the conditions as outlined in the staff report.
18
City Council Meeting - August 28, 1995
Again as I indicated, the one issue was the additional landscaping. Because of the base of the building is at
grade with the railroad tracks, making sure that it's screened properly so unless there's specific questions, I'll let
gh the design of the building itself and I'd be happy to answer an}' other questions.
the applicant go throu
Mayor Chmiel: Alrig lit. Does anyone have any questions of Kate? Okay, would the applicant please step
forward and state your name and your address and who you're representing.
Bernard Herman: Mr. Mayor, members of the Council, in) name is Bernard Herman from Bernard Herman
Architects from Minneapolis. Also present with me is Mr. David Obee from Highland Development. We'll
make a brief presentation. Actually when I got here tonight I was reluctant to even make any presentations
because I happened to have an opportunity to read the staff report which it's the first staff report I've seen that
actually publishes word by word the Minutes of the discussion that took place at the Planning Commission. So
as I started to look at that, I felt there was nothing more to say that would be anything new.
Mayor Chmiel: We've also read those
■ Councilman Mason: That's okay.
' Bernard Herman: In fact it threw me off because when I read the Minutes and saw the speech patterns that...
presenting to the Planning Commission, I almost didn't want to come tonight. I don't talk that way. If you look
at the site plan, at tile ... which we put in color form and might be more, a little more easy to read. You can see
at least from the landscaping indicated here, the extensive amount of material that is not present on the site.
' What we've done when \\Vve rendered this is we've shown the new trees in a darker color green. I'm not sure
how discernable that is from your vantage point but just to point out that we added two additional trees in this
area to further enhance the screening of the building and the dock area. And we've added 6 additional trees
' along the side property line which faces the ravine. And we have an additional 5 trees at the corner of the site.
part of our discussions with Planning Commission is to why they're located the way they are. It has to do with
o
the way the buildin is sited. So maybe I'll just mention that. If you notice that the building is kind of set back
from where the front property line would fall. Located in this proximity so that it will allow us to expand both
' the office building in this area and the warehouse expansion in this area. We just tried to get this building
situated so we had some flexibility with expansion and that's part of the reason this site is the way it is.
Parking areas is pretty self explanatory. Most of our visitor parking is along this area. The building is strongly
oriented to the cul -de -sac, as you can probably...I don't want to belabor the point of the site plan any further. I
think at this point I'll also mention \\hat we did with the exterior elevation, which is the drawing at the bottom.
The company has a t\\o blue color. Two tones of blue coloring in it's logo and we were interested in
developing that as the basis of our color scheme for this building. And so you can see that, or maybe you can't.
Below the windows you can see kind of a lighter off blue and then there are two stripes which are a darker
blue. Basically those are the two colors of blue that's in the company logo. We've taken that and built around
it by working with the gray building, both in terms of the drivit stucco finish on the office, and then the natural
concrete finish on the warehouse. That's further enhanced by this, I think Kate has mentioned this product that
we're using for the warehouse building is this interrupted smooth surface on the warehouse that will have the
special coating in the dark blue, which has a great deal of wearability... The look that we're trying to create out
' of this building is more of a high tech feel. So thus you see the grays, the blues. The two tone blues. The
natural alum m inu on the metal and so on. All of this is geared to provide that kind of look, which
we think has been achieved. Basically our lighting, is wall pac light fixtures that are mounted on the building.
I'm not sure �\hat other items of interest you ma} have as far as the project is concerned. I think I've touched
on most of the issues that were discussed at the Planning Commission and were our concern in the design of the
' 19
City Council Meeting - August 28, 1995
building so rather than dragging this on, 1 %%ould rather just refer it back to any questions that you may have
about the projcet or Mr. Obcc is here to an -smer an)' questions that you may have about the operation. And so
at this point I'd tluo%V it back to N ou.
Mayor Chmiel: Okay, thank you. Kate, I'd like to make sure that either of the plans have the architect or the
engineer's signature on them. They're not done at this particular time, or at least the ones that we have. Steve.
Any questions.
Councilman Berquist: This is, it's staked now, is it not Mr. Herman?
Bernard Herman: Is it what?
Councilman Berquist: The propertN is staked. The building outline is staked.
Bernard Herman: The last time I drove by, 1 couldn't tell... You mean as far as the corners?
Councilman Berquist: Yeah. I was riding my bicycle down in there and.
Bernard Herman: I don't know if you happen to know that Dave. When I was by, I got as far as, I went down
to Power Systems and 1 was kind of Visualizing, looking at this but I couldn't tell whether it was staked or not.
Obviously the work has been done, and it very Well should be.
Councilman Berquist: ,lust give me a point of reference. Where is the railroad relative to the site?
David Obee: Due north.
Councilman Berquist: So it runs kitty wampus this way
Kate Aanenson: This is the last, this is the 2nd Addition. This is the line right here. This is the last one in
this addition and then the railroad tracks. This is the cul -de -sac where you're seeing the visual.
Councilman Berquist: Flas that been staked'?
Bernard Herman: Well there's a lot of grading going on right noxv. It's probably a foregone conclusion...
starting the grading. There's rcallV a lot of x�ork to do there right now.
Councilman Berquist: I was down there and I'm looking around at various things and given the business I'm in,
I look at that kind of stuff anyway so I Wondered if that was, I thought that that was probably the site.
Bernard Herman: It's real, it's a narrow site so you can kind of lose it in the overall topography.
Councilman Berquist. In regard to any other questions, I don't. I think it's, the Planning Commission approved
it. I don't see an) reason to.
Mavor Chmiel: Colleen?
Councilwoman Dockendorf: No questions. No comments.
?Q
City Council Meeting - August 28, 1995
Mayor Chmiel: Mike.
Councilman Mason: No questions. No comments.
' Mayor Chmiel: No comment. No questions.
Councilman Senn: Do you want a motion?
Mayor Chmiel: I'll ask for a motion.
Councilman Mason: Move approval of site plan re\ for Lot 2, Block 1, Chanhassen Business Center, 2nd
Addition.
Councilwoman Dockendorf: Second.
' Mayor C'hmicl: With the following recommendations of staff.
Councilman Mason: With the conditions stated in the staff report.
Councilman Mason moved, Councilwoman Dockendotf seconded to apptu% Site Plan #9 5-11 for Highland
Development, plans dated 6 /19/9 with building cleN and landscaping plans revised 8/4/95, prepared by
' Bernard Hennan Airbitects, Ire., subject to the fol ing conditions:
1. Fire Marshal conditions:
' a. Submit technical data to Fire Marshal which spells out processes, product commodity manufactured and
Warehoused. This is used to determine fire sprinkler design density.
b. Add one fire hydrant on the cast corner of the building. Contact Chanhassen Fire Marshal for exact
location.
c. Comply \\ith Chanhassen Fire Department Policy 404 -1991. Copy enclosed. "Notes on site plan ".
d. Comply with Chanhassen Fire Department Policy 907 -1991. "Pre -Fire Plan ". Copy enclosed.
e. Comply with Chanhassen Fire Department Policy 429-1992. "Premise Identification ". Copy enclosed.
f. Comply th Chanhassen Fire Department Police 436 -1994. "Combination Fire Sprinkler/Domestic
' Supply Pipe ". Copy enclosed.
g. Comply \\ Chanhassen Fire Department Police 440 -1995. "Fire Sprinkler Systems ". Copy
enclosed.
2. The applicant shall supply the City with detailed stornmater runoff calculation for a 10 year storm event.
21
City Council Meeting - August 28, 1995
3. The applicant shall enter into an encroachment for the landscape plantings within the utility and drainage
easement along the east property line prior to issuance of a building permit. No landscape plantings shall
be placed over the cit\'s utility lines.
4. The plans shall include a rock filter construction entrance with the city and provide the necessary financial
security to guarantee compliance with the terms of approval.
5. The applicant shall enter into a site development contract with the city and provide the necessary financial
security to guarantee compliance with the terms of approval.
6. All roof mounted equipment shall be screened by walls of compatible appearing material. Wood screen
fences are prohibited. All exterior process machinery, tanks, etc. are to be fully screened by compatible
materials. As an alternative, the applicant can use factory applied panels on the exterior to the equipment
that x\ould blend in with the building materials.
7. All freestanding signs shall be limited to monument signs. The sign shall not exceed eighty (80) square feet
in sign display area nor be greater than eight (8) feet in height. The sign treatment is an element of the
architecthu'e and thus should reflect \\ ith the quality of the development. A common theme will be
introduced at the development's entrance monument and will be used throughout. Each property shall be
allowed one monument sign located near the driveway into the private site. The monument sign must
maintain a ten foot setback from the property line. The signs should be consistent in color, size, and
material throughout the development. The applicant should submit a sign package for staff review. A
separate permit is required for all signage on site.
8. Lighting for the interior of the business center should be consistent throughout the development. A
decorative, shoe box fixture (high pressure sodium vapor lamps) with a square ornamental pole shall be '
used throughout the development area for area lighting. All light fixtures shall be shielded. Light level for
site lighting shall be no more than 1/2 loot candle at the property line. This does not apply to street
lighting. Lighting equipment similar to what is mounted in the public street right -of -ways shall be used in
the private areas. Wall pac units may be used provided no direct glare is directed off -site and no more than
1/2 foot candle of light is at the property line.
All voted in favor and the motion canied unanimousiv.
PRELIMINARY AND FINAL PLAT APPROVAL SUBDIVIDING OUTLOT B. MCGLYNN PARK
ADDITION. A 8.79 ACRE PARCEL INTO ONE LOT OF 1.15 ACRES AND ONE OUTLOT OF 7.64
ACRES. SITE PLAN REVIEW OF AN 8.044 SO. FT. BUILDING. AND A CONDITIONAL USE PERMIT
FOR A DAYCARE CENTER; LOCATED AT MCGLYNN DRIVE AND AUDUBON ROAD, CHTLDRENS
WORLD LEARNING CENTER. INC.
Sharmin Al -Jiff: Thank you Mr. Mayor. There are three applications before you with this proposal. A ,
subdivision, conditional use permit, and a site plan review for a daycare center. The site is currently zoned
office industrial park. It is bordered b McGlynn Road to the north, Coulter Boulevard to the south and '
Audubon Road to the east. A daycare facility is permitted in an office industrial park as a conditional use
permit. The subdivision request is fairly straight forward. The applicant is requesting to replat 8.79 acre outlot
into an 1.15 acre lot \\ will house the daycare center and a 7.64 acre outlot. This will be reserved for future I
development and staff is not zmare of any pending applications on this site. The site plan for the daycare center
2 1
M City Council Meeting - August 28, 1995
is well developed. The building has an area of 8,044 square feet. It is proposed to utilize face brick on all four
sides, accented by columns and synthetic plaster band, a canopy and has a pitched roof. The materials that will
' be used, samples of the materials that will be used are right here. This is the brick. The plaster and then the
shingles that will be used on the roof. Parking for the vehicles is located to the north side of the building.
will be screened li Highway 5 by berms and landscaping materials as well as future buildings, which will
' be constructed between McGlynn Drive and Highway 5. Landscaping is generally of high quality. There are
certain areas such as the south and west portion of the site that are lacking in vegetation. Staff is
recommending additional trees be planted. We regard the project as a reasonable use of the land. Staff is
' recommending approval of the site plan, conditional use permit and subdivision with condition outlined in the
staff report. Thank you.
Mayor Chmiel: Okay. Thank you. Any questions of Sharmin? Hearing none, is the applicant here this
evening? Would you like to come forward? Please state your name and your address and who you're
representing.
' Doug Stahl: Good evening. My name is Doug Stahl with Schoell and Madsen. We're the engineers on the
project and also \\e have Leslie Armstrong... from Golden, Colorado if you have airy questions you need to
direct to her. Basically going through here. the staff report was fairly thorough and covered everything. We
really don't have any problems with meeting any of the, we agree with the requirements. We just have a couple
' of items here I guess we'd prefer to get a little clarification on. Number 12 of the, I believe it's the site plan
review. Regarding the traffic signal. We're looking to see what security guarantees would be required if that
went, a project would go would be treated as a standard assessment project or what exactly that would be.
Mavor Chmiel: Charles, could you address that'?
' Charles Folch: What we've done in the past, recent past with the office industrial developments going on, we
have actually had a calculated, if you will, a contribution fee based on, there's a certain level of traffic that's
going to warrant installation of a traffic signal at that intersection and we think some of it would be the CBC
site just to the south. Basically we looked at a transportation analysis projection of what the ultimate traffic
' would be generated based on development and then pro -rated that against the current traffic and the amount of
ADT which would require the warrant. And just basically pro -rated that against the cost for a signal. And
that's how we determined basically the cost share for the signal.
t Mayor Chmiel: Okay, thank you. Sounds like our normal procedure that we go through.
Doug Stahl: Does the security guarantees be required at this time or would that be something that would be
taken care of in an assessment process or?
Charles Folch: I believe that we actually had security with the CBC site. Guaranteed payment.
' Kate Aanenson: That was put in the development contract, correct.
Doug Stahl: So those costs would be spelled Out in the development contract?
Mayor Chmiel: Correct.
1 23
City Council Meeting - August 28, 1995
Doug Stahl: .lust one other item here would be the subdivision, number 4. The City Engineer may be able to
fill you in more on that than... What I understand now is they're working with the developer about getting plans
and specifications to install McGlynn Road at this time. And that would be tied with the development of
McGlynn...
Mayor Chmiel: Charles, it's page 17. Item 4 of the Subdivision.
Charles Folch: It's my understanding that the underlying development of the property of the overall site will be
responsible... public improvements.
Doug Stalil• I have no further questions. I1 you would have any questions of myself or Ms. Armstrong, we'd
certainly address them.
Mayor Chmiel: Good. Are there any other questions? Steve?
Councilman Berquist: No. I don't think I really do have any other questions. Thank you.
Mayor Chmiel Okay, Colleen.
Councilwoman Dockendorf: I have a couple questions probably for Ms. Armstrong. Will this be affiliated with
Pillsbury at all or is it a completely stand alone business'?
Leslie Armstrong: I'm sorry, \� ith \yho'?
Councilwoman Dockendorf: With Pillsbury. The company right on...
Leslie Armstrong: No. I would imagine that we would do everything we could to solicit the business of the
parents who work there but—as far as I know.
Councilwoman Dockendorf: Okay. Have you taken into consideration the truck traffic in that area in selecting
this site" That's my biggest concern. We currently have a huge problem, in my estimation, with the number of
semi trailers that are parked up and down Audubon right now and we're trying to rectify that but there will
continually be semi's palling into the Pillsbury site.
Kate Aanenson: Maybe I could address that for you Colleen. We have been working with McGlynn's. When
the}' did their addition, there was a commitment from them to put a staging area on. They are working on that
right now and we're hoping by September Ist that they will have that staging area completed so trucks will not
be stacking on Audubon. That was a commitment with the expansion and they are working on that right now.
They are coming in for another expansion. We see this getting access, Sharmin has the map up here. Coming
back down and tying back onto that frontage road so hopefully access here, possibly over the school and the
like would be via another use for that east /west connector. But we're hoping as of September Ist, or therein
abouts, that we won't have those trucks on Audubon anymore and that's the commitment from Pillsbury too.
Councilwoman Dockendorf: And how Wooly kids will be, how many slots at this site?
Leslie Armstrong 146 places
24
City Council Mceting - August 28, 1995
Councilwoman Dockendorf We need it desperately. I think that was it. Thank you.
Mayor Chmiel: Okay, Michael.
Councilman Mason: No questions.
Mayor Chmiel: Mark.
Councilman Senn: No questions. Looks good.
Mayor Chnniel: Okay. I'd like to take this in stages as we have with staff recommendations regarding the site
plan revie\%. Is there a motion'?
Councilman Senn: Move appro\ al.
Councilman Mason: Second.
Councilman Senn uroy ed, Councilman Mason seconded to appiuve Site Plan Review 995 -14 as shown on the
site plan jrceiNed July 5, 1995, subject to the folloiiing conditions:
1. The materials used to screen the trasli enclosure shall be the same type of brick used on the building.
2. The applicant must obtain a sign permit prior to erecting any signage on the site. Provide a detailed sign
plan for rcvie%N and approval. The signage shall comply with the architecture of the building. Brick shall
be used on the base of the ground lot\ profile sign.
3. The applicant shall pru�'ide a meandering berm NN nth landscaping along the north, west, and south perimeter
of the site The height of the berm shall be between 3 to 4 feet. Five more trees shall be planted along the
Nvest portion of the site and 6 trees along the southern edge from the city's approved primary or secondary
deciduous. A mixture of deciduous as well as coniferous trees shall be planted along the east perimeter of
the site. The applicant shall also provide staff with a detailed cost estimate of landscaping to be used in
calculating the required financial guarantees. These guarantees must be posted prior to filing of the plat.
4. The applicant shall enter into a development contract N\ ith the city and provide the necessary financial
securities as required for landscaping.
5. Fire Marshal conditions (Refer to Attachment 92 for detailed policies):
a. Compl}' \\ 101 Chanhassen Fire Department Policy 404 -1991 - "Notes on Site Plan ", copy enclosed.
U. Comply \\ Chanhassen Fire Department Policy 907 -1991 "Pre Fire Plan Policy ", copy enclosed.
C. Comply with Chanhassen Fire Department Policy 429 -1992 "Premises Identification ", copy enclosed.
d. Comply �\'ith Chanhassen Fire Department Policy 936 -1994 "Combination Domestic/Fire Sprinkler
Supply Line:, copy enclosed.
25
1
City Council Meeting - August 28, 1995
e. Comply \\ith Chanhassen Fire Department Policy 1140 -1994 "Fire Sprinkler System ", copy enclosed.
f. Install and indicate on the plan a post indicator valve (PIV.) on 6" water service. Location must be
approved by the Fire Marshal.
g. Install 2 "No Parking Fire Lane" signs at entrance to parking lot. Contact Fire Marshal for exact
location.
h. Building and attic space must be fire sprinklered per NFPA 13 -1991 Edition.
i. Water main nncty not pass under the building.
6. The applicant shall pro% details on material colors used on the building for review and approval.
7. Concurrent with the building permit, a detailed lighting plan meeting city standards shall be submitted.
8. Building Official's Conditions:
a. Provide recycling space as required by Minnesota State Building Code 1300.4700. Demonstration of
compliance may be provided on construction documents.
b. Dispose of esiS6111.4 foundation at an approved landfill. Any roof top equipment should be screened
from vie\\ s
9. No berthing or landscaping will be allowed within any street right -of -way.
10. Existing \ells and /or septic systems on site will have to be properly abandoned.
11. Another curb cut for driveway access should be incorporated into the site plan to improve traffic circulation.
12. The installation of' traffic signals at the intersection of Trunk Highway 5 and Audubon Road is expected in
the next few 'years The applicant shall be responsible or share the local cost participation of this signal on
a percentage basis based upon traffic generation from full development of this site in relation to the total
traffic V01111ne of Audubon Road. Securit to guarantee payment for the applicant's share of this traffic
signal for the entire development \\ill be required.
All Voted in fay or and the notion eanicd unanimously.
Mayor Chmiel: Subdivision.
Councilman Senn: Move approval.
Councilman Mason: Second.
Mayor Chime]: With all the conditions as contained within the staff report again.
Councilman Senn: Yes.
26
City Council Meeting - August 28, 1995
Councilman Senn moN ed, Councilman Mason seconded to approve preliminary and final plat for Subdivision
#95 -14 for NleCicnn P:uic 2nd Addition as sho�Nn on plat Ivecived JUIV 5, 1995, with the following conditions:
1. Park and trail dedication fees to be collected per city ordinance.
2. The applicant shall enter into a development contract with the City and provide the necessary financial
security to guarantee compliance with the terms of the development contract.
' 3. All areas disturbed as a result of construction activities shall be immediately restored with seed and disc -
mulched or wood fiber blanket or sod within two weeks of completion of each activity in accordance with
the City's Best Management Practice Handbook. All catch basins shall be protected with silt fence or hay
' bales until the parking lot is paved.
4. The applicant shall construct McGlynn Road and install public utilities along McGlynn Road to the west
property line of the site. All utility and strut improvements shall be constructed in accordance with the
' latest edition of the City's Standard Specifications and Detail Plates. Detailed street and utility plans and
specifications shall be submitted for staff revie�\' and City Council approval.
' 5. The applicant shall provide detailed pre - developed and post developed stormwater calculations for a 10 year
and lU0 year storm event, 24 hour duration. Individual storm sewer calculations between each catch basin
segment will also be required to determine if sufficient catch basins are being utilized.
' 6. The applicant shall provide to the city written documentation by a qualified wetland delineator stating that
there are no wetlands on the site.
' 7 The applicant shall apply f or and obtain permits from the appropriate regulatory agencies, i.e. Carver
County, Watershed District, Metropolitan Waste Control Commission, Health Department, Minnesota
Pollution Control Agency, Minnesota Department of Natural Resources, Army Corps of Engineers and
Minnesota Department of Transportation and comply with their conditions of approval.
8. The proposed industrial development of 1.15 developable acres is responsible for a water quantity
connection charge of $5.014. less any previous storm sewer assessment paid for the Audubon Road
improvements. The \\ater quality connection charge shall be waived. The water quantity fee is payable to
the City prior to the City filing the final plat.
9. The applicant shall report to the City Engineer the location of any drain tiles found during construction and
shall re- locate or abandon the drain tile as directed by the City Engineer.
All voted in favor and the motion curried unanimously.
Mayor Chmiel: Conditional use permit.
Councilman Senn: Move approval.
Councilman Mason: Second.
27
City Council Meeting - August 28, 1995
Councilman Senn moved, Councilman Mason seconded to app►uve Conditional Use Pennit #95 -2 subject to the
following conditions:
1. Compliance with conditions of site plan and plat approval.
2. Obtain all applicable state, county and city licenses.
All voted in favor and the motion canied unanimously.
Kate Aanenson: Mayor, just for point of clarification then. You'll see the development contract for the plans
and specs for this, for the street and the subdivision will be on in 2 weeks.
APPROVE PLANS AND SPECIFICATIONS FOR LYMAN BOULEVARD RECONSTRUCTION AND LAKE
RILEY AREA TRUNK UTILITY IMPROVEMENTS: AUTHORIZE ADVERTISING FOR BIDS. PROJECT
NO. 93-32B.
Public Pirsent:
Namc
Vencil & Cathleen Prew itt
Address
121 Leman Blvd.
Charles Folch: Thank ) ou Mr. Mayor and members of the Council. The plans we have, the project engineer
from OSM, Mr. Wayne Houle is with us who will provide you with an overview of the primary project elements
associated with this improvement. Also to update VOU on the... construction costs based on ... and also to provide
you with an updated or revised time table for scheduling the road ... so with that I'll turn it over to Wayne.
Wayne Houle: Thank ' you Mr. Ma* or and members of Council. As Charles stated, my name is Wayne Houle.
I'm with OSM and Associates. I'm project engineer. Dave Mitchell is the project manager on this project and
he's out of state on vacation and sorry that he couldn't make it tonight so I'll give you a brief overview and go
through the construction schedule and run through the costs of the project. As you remember, the project has
been in house here for approximately a little over, actually a little under a year actually when we came for the
first phase, which basically hooked up the watermain and the trunk sanitary sewer to the Mission Hills
development. The second phase, to get our bearings a little bit on the general layout of the project. You have
Trunk Highway 5 up on the north. Leman Boule\'ard and Trunk Highway 101 as an existing alignment. The
second phase will entail the connection of a trunk watermain up along Trunk Highway 5 and it will extend
southerly down to the existing 86th Street connection, what we put in this last year. And then the trunk
- vvatennain will also extend from Lake Susan Drive down to TH 101 and then easterly over to the
Chanhassen /Eden Prairie border. The trunk sanitary seer on this project will connect at the Lake Ann
intersector, approximutcl\ up in here and extend southerly down to along Highway 101 to Lyman Boulevard.
From there it Will pick up the proposed 8 inch forcemain, \\ ich the forcemain is pumping sanitary sewer from
the proposed lift station at the intersection of Lyman Boulevard and Lake Riley Boulevard. This project also
will include the reconstruction of Lyman Boulevard from Trunk Highway 101 over to the Chanhassen border.
Currently the Lyman Boulevard, as we're all aware, is a rural section in bad need of repair. Our reconstruction
will upgrade it to urban section with the storm sewer drainage system and curb and gutter. They also include a
8 foot trail along the southern cage of the roadway. The ��atermain, there's one other section of watermain that
this project will include is along Lyman BOUticvard to the south and will include the Sunny Slope Addition.
28
City Council Meeting - August 28, 1995
Currently this area has ... on well systems. That pretty much wraps up the scope of the project. Now I'll cover
' the engineer's estimate. 'file Leman Boulevard watermain portion will be approximately $217,500.00. Sanitary
sewer section portion along L}'man Boulevard will be $180,000.00. The trunk 101 watermain will run
approximately $ 250,000.00. The sanitary sewer along Trunk Highway 101 is approximately $400,000.00. The
Lake Riley Boulevard watermain is approximately $195,000.00 and the lift station and forcemain at the
' intersection of Lake Riley Boulcvard and Lyman Boulevard is approximately $170,000.00. And the Lyman
Boulevard street reconstruction is $754,255.00. And the Lyman Boulevard storm sewer portion is $173,000.00.
For this portion of the phase two of the project for a total of approximately $2,340,000.00. For a brief look at
' the scheduling of the space to the project, I anticipate an authorization of plans and specifications tonight which
will enable us to run an ad for bids on September 7th and September 14th, and then the bid opening will be
scheduled for October 3rd and Council will contract for construction on October 9th. Now the staging of this
' project will, due to the surcharging on Lyman Boulevard, we really can't be in there constructing anything until
the soils have settled so \\e're looking at staging of the, going from 86th Street south to Lyman Boulevard to
put in the trunk sanitary sewer and trunk watermain to pick up for those areas. It will be after all ... minimum
disruption to ... And then the remainder of the project, or the reconstruction of Lyman Boulevard will happen in
' the spring of '96. The buck -up completion for construction will be in December of '96 with the final layer going
on in June of '97. I'll answer ally questions that you might have regarding the project.
Mayor C'hmiel: Steve, do you have any questions'
Councilman Berquist: Where's our copy of the estimate'
' Charles Folch: Those are hot off the press this afternoon...
Councilman Berquist Yeah I would like, I don't know about anybody else but I'd like a copy, yeah.
' Mayor Chmiel: Okay, Colleen.
' Councilwoman Dockendorf: How does this project, I'm thinking in terms of constriction, relate to the other
projects that are going to happen next summer. I'm thinking particularly of Powers. Is Powers going to be
redone next sunuuer as �\ell?
Charles Folch: At this time \\e're hipping it «•ill be done. In working with the Carver County Engineer, I think
we'll approach the CR 17 project in three stages to provide, we'll try to maintain traffic as much as possible in
three stages because they're aware that this project will be going on at the same time. There will be an awful
lot of construction ... \\hole quadrant out there but I think we can manage by maintaining an access...
Councilwoman Dockendorf: This will, TI -I 101 will be closed during certain stages, some of it'?
Charles Folch: TH 101 \\'ill not.
Councilwoman Dockendorf: Oh, so this will not.
Charles Folch: No, this one will ... but it will add some construction vehicles and signage and detouring and that
kind of stuff in the area so there will be some activity and some different things going on but we will not be
I shutting down TH 10
29
City Council Meeting - August 28, 1995
Councilwoman Dockendorf: Okay. And could you remind me of who's paying for this project. Is it the three
land developers or ho%\ are \re assessing'?
Charles Folch: Actually we're assessing it, well the funding will come via basically in three forms. Local
funds, special assessments and then State Aid for the road construction. The trunk utilities will be assessed for
policy for trunk and water assessments. The road construction costs approximately 2/3 to 3/4 of that cost will
come from State Aid funds and may cost more. The storm drainage improvements will be through local funds.
Councilwoman Dockendorf: Okay. So it's only the trunk water and sewer that will be in special assessments?
Charles Folch: And actually, I take that back. There will be some road assessment also.
Councilwoman Dockendorf: That's all.
Mayor Chmiel: Okay, thank you. Mike.
Councilman Mason: Nothing.
Mayor Climiel: Mark
Councilman Senn Do VOU haVe some estimated project costs at this point?
Wayne Houle: Yes. ActUall that's the project costs that I covered. The estimated project costs. We'll give
you a cope of that after the meeting here.
Charles Folch: ...for informational purposes, that estimate... is plus or minus $6,000.00 higher than what we
estimated...
Councilman Senn: I guess what I'm trying to get at, is that the total project cost or is that construction cost
exclusive of everything else'?
Wayne Houle: This is the construction cost of the project. This doesn't include the easement, the right -of -way
acquisitions, engineering fees...
Councilman Senn: Do you IWVe an estimate on all that?
Wayne Houle: No, I do not. Not with me.
Charles Folch: Typically it's like a 30 % ... plus 10% for contingencies and any' other...
Councilman Senn: And there's no significant right -of -way or easement issues?
Charles Folch. We do hay c some temporary easements. We do have, a good share of the right -of -way that
we'll be needing along Lyman will hopefully get taken through dedication when development parcels...
Councilman Senn: That's it.
30
City Council Meeting - August 28, 1995
Mayor Chmiel: Any other questions'
' Councilman Scnn: No.
Mayor Chmiel: In going through the easement segments, what side of the road will that be on? On Lyman.
Charles Folch: The side\\alk?
Mayor Chmiel: The easement. No, the easement that \\ be required
Charles Folch: We're actually widening if you \\ the right -of -way corridor ... The entire widening of the right-
' of -way on the south side \\111 hopefully help the dedication on the Lundgren plat... We also have on the north
side of Lyman, Lake Riley Boulevard, IZile } has a development currently and also the southern piece of
Lakevie\% Hills is having a development ... Klingelhutz property is northwest part of Lyman/Lake Riley is also
have recorded platting but they will also be submitting that. So all you really have to acquire along Lyman is
the properties agjacent to that Quinn Road. You've got about 3 or 4 homes, 3 homes on the east side of Quinn
Road and then )'ou'VC got tile ... property on the west side. But that's pretty much it.
Mayor Chmiel: May. good. Any other questions'? Is there anyone wishing to address this at this time? Please
come forward and state your name and your address.
Cathleen Prew'tt: Good evcning Mayor, COURCIImembers. I'm Cathleen Prewitt ... 421 Lyman Boulevard. I'm
' the property that is on the south side of the development. And my main concern is the roadway, the bike path.
I spoke to Wayne today about ho\\ much of the south side of the road and in front of our property they ... taking.
I had ... at one given time...and I was told at that time from the middle of Lyman Boulevard 30 feet and they're
going to save our 30 year old evergreens... I have since received a plot and now they're talking anywhere from
50 to 100 feet. So I'd like to know exactly how much...
Mayor Chmiel: Charles, what is the width going to be on that roadway?
Charles Folch: The road\� a idth itself will be 38 feet, base of curb. And then it will have I believe, it will
have that inside the 80 foot road right- of -\\av and the R foot trail will be...
Mayor Chmiel: Will be \\ ithin the SO foot right -of -way?
' Charles Folch: That's correct.
Cathleen Prewitt: Is that ... take all of these evergreens that...
Wayne Houle: Actually \\hen we designed the trail along that portion, we were holding about a 5 foot
boulevard through the front of your property and then we're meandering back a little bit to the south on the west
side of your property to save the evergreens and giving you more of a buffer from the trail. And now with the
' roadway being narro\\cd up 5 feet in front ot' your house, it will definitely save those evergreens and such.
Cathleen Prc\\ itt: So the plat that I have has been updated...
' Wayne Houle: Yes
' 31
City Council Mecting - August 28, 1995
Cathleen Pre%%itt: That's m% concern.
Mayor Chmiel: Thant: vou. An.N one else? No one else, bring it back to Council. Steve, do you have any
other questions in regard'?
Councilman Berquist: No sir, I don't believe I do.
Major Chmiel: Colleen?
Councilwoman Dockendorf: No. I would move approval.
Mayor Chmiel: Oka} , �� ith that motion on the floor, Michael do you have any?
Councilman Mason: None, other than to second the motion.
Mayor Chmiel• Okay. Mark.
Councilman Senn: No.
Resolution #95 -88: Councihionurn Dockcndoif moved, Councilman Mason seconded to approve the plans and
specifications f the reconstruction of Lyman Boulevatil east of Trunk Highway 101 and Lake Riley Area
Trunk Utility Improvement P►uject No. 93 -32B and that authorization be given to advertise for bids. All voted
in favor and the motion canied unanimously.
APPOINTMENT TO YOUTH COMMISSION, ADULT REPRESENTATIVE.
Todd Hoffman: Mr. Mayor, members of the Cite Council. The adult position for the District 112 Youth
Commission has been open for some time. The ad has been placed... we do have an applicant. Ms. Sherri
Maloney, 7211 Frontier Trail has applied. 1 confirmed... in a phone conversation last week. She'd be glad to do
it. It's my recommendation that we appoint Ms. Sherri Maloney as the city's adult representative to the
Independent School District 112 Youth C'onunission.
Mayor Chmiel Thank you. Thank N to Sherri Maloney for accepting that also. It's neat to have people
become involved within the community and it shows that we've got a lot of people within the community that
are willing to really move forward to assist in areas that the need is there for. So with that, is there any other
comments from Council'?
Councilman Senn: I guess Todd, when Todd you talked to her or are you going to send her a letter or what?
Todd Hoffman: Send her a letter confirming the appointment.
Councilman Senn: Okay. I just, I guess I'd just somehow like it addressed or at least some wording in there
that kind of sets out her responsibilities then back to the city more or less and her representing the city. The
city's views as well as the city's interest. I don't, you know I don't know Ms. Maloney one way or the other but
I think there's a potential problem there in the fact that she works for District 212 and 212's interest and views
aren't alwa\s necessarily the sauce as the cite on these issues so it's just one that I think we should sensitize her
to. That's all I halve.
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City Council Meeting - August 28, 1995
Mayor Chtniel: I think they pretty much have an agenda as to what they follow, do they not?
' Todd Hoffman: They sure do.
Councilman Berquist: 1 do know Ms. Maloney and she'll be a real asset on the commission.
Councilman Senn: I tried to catch you today to ask you if you knew her. I saw her address but.
' Councilman Berquist I know her well.
Mayor Chmiel: Oka.\. Is there a motion on the floor'?
' Councilman Senn: Move it.
Councilman Mason: Second it.
Councilman Senn nwwed, Councilman Mason seconded to appoint Ms. Sheri Maloney as the cite of
Chanhassen's adult repaysentative to the ISD 112 Youth Commission. All voted in favor and the motion carried
' unanimously.
APPROVE CHANGE ORDER FOR TRAIL (SIDEWALK) ALONG POWERS BOULEVARD.
Todd Hoffman: Mr. Mug or, members of the Council. This was reviewed by the City Council back in July and
at that time... In revie\\mg the Minutes, the Council requested additional information regarding funding sources
for this proposed trail link. The funding source \\ould be the tax increment district, Downtown District. Again
it would be part of the property 92-3, West 78th Street, downtown improvement is the fund. That project is
capable of absorbing the costs. Again, this section of trail, or sidewalk if you will, essentially connecting the
downtown pedestrian swstcm down the west end of town ... Powers Boulevard and then heading south. Walk out
Byerly's to the video store and the other one, the other businesses and head west. You'd find yourself on a little
' piece of trail system in front of the... development and once you hit the extension of Santa Vera, then you're
facing the choice of either nose dieing do\rn into the pond or taking Powers Boulevard probably on the outside
of the guard rail. This sidewalk would be constructed from Santa Vera north to the extension of Saddlebrook
or Saddlebrook Drive. So we're going inside the guard rail. The reason for the high cost, as you notice, Option
C was one of the most reasonable options. But the reason for the high cost across the board is the necessity to
construct a trail or side\\alk in that ... does is it provides access for all those folks north of the pond ... Powers
Boulevard to the Saddlebrook area and... Saddlebrook Trail and Saddlebrook Curve and then dropping down into
downtown Chanhassen. So \\ ith that... taking a look back at Powers Boulevard extension. Trail extension...
Saddlebrook and then moving north throughout the rest of the conumunity...The southern link of trail system
south of Highway 5 WOUld be completed as a part of the larger project to upgrade Powers Boulevard south...
' With that I would recommend that the City Council approve change order for the project 92 -3 to construct the
described concrete \\alk at an estimated cost of $124,000.00 ... being presented to the city by Strgar Roscoe
Fausch.
' Councilman Berquist: How did TIF project 92 -3 get to be the lucky project? I mean was that always in there?
Charles Folch: Actualk it was talked about and thought about when we were doing the plans for the project
and at that tiule they dc\ eloped Oak Ponds ... preliminary plat and we left it on our plans assuming, if you will,
33
City Council Meeting - August 28, 1995
that... Now when they came in with their development, they elected to pay the trail fee instead of building the
trail themselves. So then \�c thought, \\ell okay. We'll just add it to our project as a change order since they
chose to do the... Well as it turned out, some foresight on their pail because no one knew at that point how
expensive and difficult it was going to be as a trail.
Councilman Berquist: Thee did.
Charles Folch: Well I don't think they had the soils information to know that what we were going to be running
into out there. They couldn't have had that information. We punched a lot of holes out there and missed it.
One of the problems too is the resulting side slopes from widening of CR 17 are pretty steep. Typically you
like 3:1 or 4:1. We're at ... so that makes it more challenging also. They just decided they didn't want to deal
with building a trail do\\n there and they'd write the check out and be done with it.
Mayor Chmiel: Plus the t<<et that County Road 17, which «as existing there never really showed any problems
as far as bad soils. But once they had decided to put in that new addition, that's when they did find. Having to
go through all the additional compensation as to what they probably would not have had to go through if the
soils were corrected.
Councilman Senn: Steve, this \gas before us about a month ago too and it was under the trail funds and I asked
that they go back and look at using TIF. So I think this is an answer that they can use TIF for it rather than the
limited trail funds \\e've got.
Mayor Chmiel: Any other questions'?
Councilman Mason: Yeah. Why, on Option C. why is that 6 foot concrete instead of 6 foot asphalt?
Todd Hoffman: If �\e're going to go to a 6 foot section, I would prefer concrete...
Councilman Senn: I mean is there some special conditions there that warrant it?
Todd Hoffiman: It's not that 6 foot asphalt is a difficult process...
Charles Folch: ...an 8 foot trail if you're going to pave it versus doing 6 foot.
Todd Hoffman: The'N're tr to ... down slope construction ... The fact being, if we could build concrete trails
everywhere in the cite, it'd be preferable over asphalt.
Councilman Senn: Well I \\ouldn't agree �Xith you...They're very dangerous.
Charles Folch: That's strictly lion a longevity standpoint.
Councilman Senn: But there you're basically in a problem, you're saying because you can't really bring the
paver in to do it anywaN .
Todd Hoffman: Yeah. Pouring concrete over that.
Councilman Senn: Guard rail is easy. You can't fit the paver on there.
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City Council Meeting - August 28, 1995
Councilman Mason: Alright, takes care of that
Councilman Berquist: Refresh my memory though. As I remember when this initially came up, there was a
question as to where the money x%as coming from.
Councilman Senn: Well what was before us before was that the money was going to come out of the trail fund.
And what I'd raise the question was, is given where it was and that it was in the project area, that why couldn't
we take it out of the TIF funds we did not have to use the limited trail funds we have, which seems like we're
' always looking for money and stuff so that, I think that's what they went back and looked and determined we
could use TIF
Mayor Chmiel: Any other questions? Is there a motion'?
Councilman Mason: I \VIII move approval of Change Order for trail along Powers Boulevard with Option C.
92 -3 I guess. That was the parent project.
Mayor Chmiel: Is there a second'?
Councilman Senn: Yep.
Resolution #9i -89: Councilman Mason mo%ed, Councilman Senn seconded to appiuve a change order to City
Project No. 92 -3 to construct the desclibcd conciute walk at an estimated cost of 5124,000.00, Option C. All
voted in favor and the motion canied unanimously.
ALCOHOL POLICY, CHANHASSEN RECREATION CENTER.,
Todd Hoffinan: Thank y ou Mr. Mayor, members of the Council. One last clarification on the sidewalk. The
city is... Regarding the alcohol policy at the Chanhassen Recreation Center, community room. The construction
is opening nest week for the Chanhassen Recreation Center does include a large community room and that room
would be appropriate for such events as banquets, wedding receptions, so the question was asked whether or not
alcohol would be served, or permitted to be served at the Chanhassen Recreation Center. Due to the
complexities of the arrangements at the site ... clementary school operation... public building. It's here to serve the
' best interests of the public and of the Park and Recreation Commission... The}' made short work of the question
posed to them regarding do you wish to cater to events held in the Chanhassen Recreation Center where alcohol
is served by designating Chanhassen Ree Center as alcohol free. That motion was passed unanimously by the
' commission members on the 22nd. They recommend that Council not only designate it alcohol free but also
smoke free or tobacco fee as well.
Mayor Chmiel: Oka.\ , thank you. Are there any questions of Todd'? We've gone through the process with the
' city and ... city building in itself for alcohol. And just eliminates a lot of liability problems to just stay away
from it. So is there a motion'?
' Councilman Senn: Don, just a question it' we could. I'm a non - drinker so I mean to me it's real hard to identify
with it but I mean in terms of, I assume you've had some bookings or some contacts on this. Has it been an
issue or not an issue of t)eople \\ho %\ere looking to book it'?
Todd Hoffman: The room would accommodate wedding receptions and banquets, a variety of sorts
1 35
City Council Meeting - August 28, 1995
Councilman Senn: So what, vou've been contacted by a number of people «vho wish to book it for that?
Todd Hoffman Correct
Councilman Senn: Has that been an issue'?
Todd Hoffman: Sure.
Councilman Senn: As to whether the) will book there or not book there?
Todd Hoffman: Sure.
Councilman Senn: Oka.•. And I mean what's the feedback you're getting'?
Todd Hoffman: Again. I \\ould speculate that a few wedding receptions are alcohol free but not a high
percentage of the receptions that are held in today's world—book for that use.
Councilman Senn: Okay. So I mean it's going to take us out of most of that type of use is what you're saying?
Todd Hoffman: Yes, I \\ould assume.
Councilman Senn. May.
Mayor Chmiel: Is there a motion?
Councilwoman Dockendorf: 1 Would mope approval of the alcohol policy.
Mayor Chmiel: And smoke free'? Because we have...
Councilwoman Dockendorf: Yeah.
Mayor Chmiel: Okay. Is there a second'?
Councilman Berquist: I'll second it.
Councilwoman Dockendorf moved, Councilman Berrluist seconded to designate the Chanhassen Recreation
Center Community Room as alcohol fire and tobacco free. All voted in favor and the motion carried
unanimously.
COUNCIL PRESENTATIONS:
Mayor Chmiel: We have in our packets, item 13 which is not shown on our agenda for this evening and I sort
of missed it too. 1 didn't even look for 13 because I saw 12 and I knew 13 was on the other side. But this is
regarding the revised schedule for Cite hall Expansion. We had discussed this before. We had much
comments back and forth. What would be Council's position in regard to this? If we could discuss it tonight, it
could go on our consent agenda probably in the next 2 weeks...
36
City Council Meeting - August 28, 1995
(There was a tape change at this point in the discussion.)
' Councilman Mason: 'there really isn't any action we can take tonight on it anyway, without it being on the
agenda, am I right'?
' Don Ashworth: Under your rules of procedure, it's supposed to be published before you act on it.
Councilwoman Dockendorl': What's it going to do to our time line?
Don Ashworth: Todd is present. Would you like to address that issue'? I just alerted him. He didn't know.
He's been sitting here. I might as well drop the bomb.
' Councilman Mason: Nothing better to do tonight.
Todd Christopherson: Good evening Mr. Mayor, members of the Council. I didn't really have a presentation
planned tonight. I guess I Would be looking for some marching orders or get some idea of what the direction
would be. As far as the schedule goes, if this is dealt with at the nest council meeting, we could take that
schedule and add a couple weeks onto it. I do think it's important, as I pointed out in that letter to Don, that if
we are going to move ahead and plan on doing the construction in '96, that we should get on track right now.
...design and planning stage. We're read\ to go either way.
Mayor Chmicl: Okay, good. 'f hanks Todd. Is there a motion'? I don't think we need a motion. We'll just
' have it on nest agenda. Sa\'c \\hat you have and \\c'll put it for, maybe we can move it up a little earlier on the
agenda so you don't ha\'e to stay here so late for nothing. Okay.
CONSENT AGENDA:
F. APPROVAL OF BILLS.
Councilman Berquist: Just questions of clarification more than anything else. I'm curious as to what
department of Accounternps are the temporaries being used for.
Don Ash\\orth: That's in finance department. It recognizes that really as a part of the '96 budgetary process,
Cliff I-Ioffnwn's recommendation that \N e should be looking to a full time, an additional full time position there.
And it also recognizes the existing space needs so as a part of this year's budget, we just allocated for part time
services. So we have a person coming in. Todd, do you know how many days she's coming in?
Todd Gerhardt: I think it's 3 or 4.
Don Ashworth: That \gas my recollection.
Councilman Berquist: 3 or 4 days a week? On a consistent basis? Okay.
Don Ashworth: And then \\c're trying to juggle chairs around in that whole process.
Councilman Berquist: "'hich brings ine to mother question. We've got a ton of money being spent on
furniture and escrcise equipment, \\hieli I'm assuming is the Nordictracks and all that stuff. That's all going out
1 37
City Council Meeting - August 28, 1995
there? Okay. So all those bills came in this month then'? All that stuff is out there, or is going to be out there.
There was a couple of things that were of surprise to me. I remember the Herman Miller, I remember some of
these things. Office machines. Chairs for $19,000.00. Nordictracks for $4,000.00. Stairmasters and exercise
machines for $16 grand. That's all out there'?
Todd Hoffman: Correct.... the fitness equipment was through, as part of the 1995 budget. The remainder was
approved as part of the project...
Mayor Chmiel: Has any of the Council been recently out there?
Councilman Berquist: Again. I rode my bike out there.
Mayor Chmicl: Maybe it'd be a good idea to try to get each of the Council members. I've been through it a
couple times now. An opportunity for each to see «hat's existing.
Todd Hoffman Glad to do that
Councilman Senn: Steve, before you leave the exercise equipment. Now is that going to be used by primarily
the community or is that also going to be used by the students at the school?
Todd Hoffman: Primarily the community. The students at the school will not be using the adult fitness
equipment area. The majority will be adult use. There %\ be some youth activities in there but not for grade
school.
Councilman Senn: Yeah, because that's \yhy they're kind of in conflict really.
Mayor Chanel: They're still members of the conununitN'.
Councilman Senn: No, but I mean I'm just more from a safety standpoint a little concerned because I've had
problems with young kids around that stuff anyway so, okay.
Councilman Berquist: Out of curiosity, What's file uniform policy for the city as far employees?
Don Ash\yorth. The city provides like the shirts for public safety. Similarly in public works, a shirt.
Charles Folch: Public works, shirt.
Mayor Chmiel: Shoes are also required by.
Charles Folch: Safet} shoes. We also have a safety eyewear program if need be.
Councilman Berquist: Okay. Crystal Cave. What did we do with Crystal Cave?
Todd Hoffman: We took a tour.
Councilman Senn: A senior trip I bet.
38
City Council Meeting - August 28, 1995
t
Todd Hoffman: No, it was a youth trip actually.
Councilman Berquist: Where's Cr\ stal Cave? I remember back when I was a kid and I can't remember.
Councilwoman Dockendorf: There are a million of them.
Todd Hoffman: It's about au hour and 15 minute; southeast.
Councilman Berquist: Okay. Kennedy and Graven, there was a check for, I can't remember what. I know they
do legal work for the I-IIZA. I think I remember them being on the payables for the HRA. Kennedy and
Graven.
Don Ashworth: Kennedy and Graven. It could have been, one of two issues. One would have been back with
work, of course if it was HIZA related, it \\ouldn't show in this Accounts Payable. The other one was the.
Todd Gerhardt: Economic Development District probable.
Don Ashworth: Uh, okay. Which is under the purview of the Council. Okay. Well they also did work
' associated with the senior housing. TheN litcrallY approved those bonds but that billing should have gone over
through, back to Springsted so \\e maybe should pull that and verify that it wasn't senior housing related. So I'll
make the assumption that it was associated with the hotel complex. Amusement thing or whatever.
' Todd Gerhardt: Plus in an Economic Development District, having something to do with the National Weather
Service ... or the Hennepin Count\ District. I can't recall...
Don Ashworth: We'll pull that invoice and include it in the next Admin Section
Councilman Berquist: Ukaw. hi doing that, can we then perhaps ask for a little bit better, I mean J & R
' Radiator. Repair radiator. That's pretty, I can figure that out. Kilmer Electric, tennis court lights. Kennedy
and Graven. Legal services. That's like Knutson and Associates, legal services. But I'm used to seeing
Knutson.
Don Ashworth: Well I'll again remind our stall that as they approve bills, if they would just write in at the very
top, a brief description and that's what Bctty will put in. Right now Betty will go through those. It was the
first item is the repair of radiator. The nest item is the entire engine for the car or whatever it is. What might
show up in the accounts payable is new thermostat, $420.00 and you're sitting there saying. I'll mention that to
our staff.
Councilman Senn: Don, just so N'ou know. I talked to Pam about that last week and the only place it's been a
' problem is in the professional services and there was some procedure that was kind of, I guess in terms of what
the}' can put and \\ here thew put it, it was causing a problem and she said she was going to get it fixed so
basicallN there \could now be an explanation after professional services because it was popping up. Maybe
' some people kne\\ \\ hat those people did sometimes, but other people didn't so she was going to make sure it
got included.
I Don Ash\\ orth: Okay. thanks for the.
39
City Council Mecting - August 28, 1995
Councilman Berquist: Two more little ones and I did, the Mayor asked me, said maybe I should try to call
during the day. \,yell I try. Believe me I try. I've got two others that I want to just touch on briefly.
Minnesota Athletic Apparel, $462.00 for hats. That's a lot of hats.
Todd Hoffman: The Chanhassen hats which are sold at the special events and marketed as a ... so there's
probably 6 or 7 boxes of hats.
Councilman Berquist: They are might) cool hats... Okay. I've got one other but I won't talk about it. It's
pretty simplistic. Alright. I just like to know where the money's going.
Mayor Chmiel: Okay. With that would you like to move that'?
Councilman Berquist: I'll mope approval.
Councilman Mason: Second.
Councilman Berquist moNed, Councilman Mason seconded to approve the bills. All voted in favor and the
motion canicd.
Councilman Mason moNed, Councilwoman Dockendorf seconded to adjourn the meeting. All voted in favor and
the motion canicd. The meeting was adjourned at 9:42 p.m.
Submitted by Don AsImorth
City Manager
Prepared by Nunn Opheim
40