SUM 2003 07 14CHANHASSEN CITY COUNCIL
REGULAR MEETING
SUMMARY MINUTES
JULY 14, 2003
Mayor Furlong called the meeting to order at 7:10 p.m. The meeting was opened with the
Pledge to the Flag.
COUNCILMEMBERS PRESENT: Mayor Furlong, Councilman Ayotte, Councilman Labatt
and Councilman Lundquist
COUNCILMEMBERS ABSENT: Councilman Peterson
STAFF PRESENT: Todd Gerhardt, Roger Knutson, Bruce DeJong, Justin Miller, Kate
Aanenson and Teresa Burgess
PUBLIC PRESENT FOR ALL ITEMS:
Jerry & Janet Paulsen
Debbie Lloyd
PUBLIC ANNOUNCEMENTS:
7305 Laredo Drive
7302 Laredo Drive
Mayor Furlong amended the agenda placing items 2 and 3
after item 5 due to a scheduling conflict. There was no objection from council members.
CONSENT AGENDA:
Debbie Lloyd, 7302 Laredo Drive, asked to have items l(a) and (h) pulled from the consent
agenda for further discussion.
Councilman Ayotte moved, Councilman Lundquist seconded to approve the following
consent agenda items pursuant to the city manager's recommendations:
b.
C.
d.
g.
Award of Contract for Drilling for Drilling Test Well.
Resolution g2003-58: Receive Feasibility Study for Quinn Road Phase II Street and
Utility Improvements, Project 03-04.
Authorize Temporary Lifting of No Parking on West 78m Street.
Resolution g2003-59: Approval of Renewal of Chanhassen American Legion Club's
Gambling Permit, 290 Lake Drive East.
Authorize Payment of $50,250 to Fair's Nursery & Landscaping for Tree Replacement in
BC7&8.
Authorize the Mayor and City Manager to Sign the Cooperative Agreement Between the
Carver Soil & Water Conservation District and the City Relating to Urban Development
Review and Site Inspection Services.
j. Modification of Purchasing Policy to Exclude Payments to Utility Companies.
City Council Summary - July 14, 2003
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Approval of Minutes:
-City Council Work Session Minutes dated June 23, 2003
-City Council Summary and Verbatim Minutes dated July 23, 2003
Receive Commission Minutes:
-Planning Commission Sununary and Verbatim Minutes dated June 17, 2003
Authorize Extended Permit for Placement of a Dumpster in the Street, 7077 Harrison Hill
Trail.
Resolution S2003,60: Approval of Resolution Supporting a Grant Application to
Improve TH 101 South of TH 5 and North of Highway 312.
o. Resolution 02003-61: Approval of Change Order No. 8, Chanhassen Library Project.
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
VISITOR PRESENTATIONS. None.
H. APPROVAL OF EXTENSION OF A 30 FT. BLUFF VARIANCE. 7550
FRONTIER TRAIL. CHARLES STINSON.
Kate Aanenson explained that the developer, Charles Stinson was asking for an extension to the
one year timeframe that goes with a variance. The year expires in August.
Councilman Labatt moved, Councilman Lundquist seconded to approve the extension for a
30 foot bluff variance, 7550 Frontier Trail, Charles Stinson. All voted in favor and the
motion carried unanimously with a vote of 4 to 0.
A. APPROVAL OF REVISED STREET SWEEPING POLICY.
Todd Gerhardt explained this was providing a written policy for the city's street sweeping policy.
Teresa Burgess explained this was updating an outdated policy to meet the current needs and
practices of the city.
Councilman Labatt moved, Councilman Lundquist seconded to approve the Revised Street
Sweeping Policy. All voted in favor and the motion carried unanimously with a vote of 4 to
0.
REOUEST FOR SUBDIVISION APPROVAL WITH A VARIANCE TO DIVIDE 13.16
ACRES INTO 2 LOTS, 10500 GREAT PLAINS BOULEVARDI PAW, CLAWS, &
HOOVES.
Kate Aanenson presented the staff report and gave an update on action taken by the Planning
Commission. Councilman Lundquist asked for clarification on the common driveway and the 40
foot easement. Neal Blanchett, representing Paws, Claws and Hooves, outlined the applicant's
concerns with the staff conditions, specifically relating to the 40 foot easement for future road
extension to the neighboring property, paving of the common portion of the driveway, the park
dedication fees, storm water fees, and the condition added by the Planning Commission requiring
Paws, Claws and Hooves to perform a survey guaranteeing the driveway is located within the 40
foot easement. Kate Aanenson and Roger Knutson responded to the applicant's concerns.
City Council Summary -July 14, 2003
Councilman Lundquist asked for a legal opinion on how state statute applies to the fees.
Councilman Labatt asked staff to respond to the conditions the applicant either wanted changed
or deleted. A motion was made and seconded. Councilman Lundquist offered an amendment to
condition number 4.
Councilman Lundquist moved, Councilman Ayotte seconded to approve an amendment to
the motion to delete the first two sentences in condition number 4. AH voted in favor and
the motion carried unanimously with a vote of 4 to 0.
Councilman Labatt moved, Councilman Lundquist seconded to approve the Preliminary
Plat for a two lot subdivision (g2003-4 SUB) for Paws, Claws and Hooves, Inc., plans
prepared by James R. Hill, Inc., dated January 30, 2003, subject to the following conditions:
The appropriate conditions for the kennel shall apply to Lot 1. The appropriate conditions
based on acreage for the horse stable will be applied to Lot 2.
Lot 1, Block 1, Paws, Claws and Hooves Addition, if continued to be used for a
commercial kennel shall comply with the following conditions:
a. All structures on the site must be in compliance with Chapter 5, Articles II.
b.
Housing enclosures for dogs and cats shall be at least two hundred (200) feet from
any neighboring residential structure used for human habitation.
C.
The proposed chain link fence which will surround each dog compartment shall
be sturdy to keep dogs confined.
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Accumulation of feces shall be located at least two hundred (200) feet from any
well. The applicant is showing a waste water holding tank located 180 feet from a
well location; however, they have not shown the location of feces accumulation.
Such information must be provided.
e.
All accumulations of feces shall be removed at such periods as will ensure that no
leaching or objectionable odors exist, and the premises shall not be allowed to
become unsightly. ·
f. All dogs and cats shall be housed indoors overnight (8:00 p.m. to 7:00 a.m.)
g.
All dogs and cats shall be housed indoors when the commercial kennel
employee(s) is not present at the subject property.
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Dogs are not allowed to habitually bark in a manner considered a nuisance as
defined by the City Code or Nuisance Ordinance.
Outdoor exercise (dog runs) confinement areas shall be screened and buffered.
Such screening and buffering may be accomplished by using berms, fencing, a
green belt planting strip (evergreens), or natural topography.
j. The following conditions must be upheld in regard to the site's animal quarters:
City Council Summary - July 14, 2003
· Indoor housing facilities must be structurally sound with ample heat,
light, and ventilation.
· Animals kept outside must have continual access so animals can get in
and out to shelter and protect them from sun, rain and snow.
· If animals are confined by chains, such chains must be attached so not to
become entangled with chains of other dogs.
· Individual animal enclosures must be of a size to allow each dog to turn
around fully, stand, sit and lie in a comfortable condition.
· The temperature of indoor housing facilities shall not be less than 50
degrees Fahrenheit for dogs not accustomed to lower temperatures.
· Disposal facilities are provided to minimize virus infestation, odors and
disease hazards.
· Adequate storage and refrigeration is provided to protect food supplies
against contamination and deterioration.
k.
All dog runs must maintain a minimum of two hundred (200) feet from wetland
area, 50 feet from public or private road right-of-way, and 200 feet from an
adjacent single family residence or a minimum of fifty feet from a side or rear lot
line, whichever is greater.
The applicant shall obtain a permit from the City to maintain and operate the
commercial kennel.
m.
The commercial kennel shall be enclosed or fenced in such a manner as to prevent
the running at large or escape of animals confined therein.
n.
The commercial kennels shall be open for inspection by the City authorities at any
time.
o. No outdoor speakers are allowed.
p.
Only animal carcasses are permitted to be cremated. A temperature monitor must
be attached to the crematory. The City may require testing of the ashes.
q.
The applicant must supply the City with a waste tracking log submitted on a
monthly basis. Such log should be signed by the landfill operator where the feces
are being disposed of.
The applicant shall comply with the conditions of the Site Plan Review g96-8 and
Variance g96-8.
Lot 2, Block 1, Paws, Claws and Hooves Addition, if continued to be used for a
commercial stable, shah comply with the following conditions:
a. All structures on the site must be in compliance with Chapter 5, Articles llI.
b,
Minimum acreage for two horses shall be one and one-half acres and for three
horses shall be two acres, and an additional one-third acre shall be required for
each additional horse. The site has an area of 10 acres allowing a maximum
number of 27 horses.
City Council Summary -July 14, 2003
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The area where horses are kept shall be enclosed by a sturdy wood, metal, or
electric fence which will keep the animal or animals confined within.
The shelter or stabling facility shall be clean and sanitary such that it will not be a
harborage for rodents, flies 'and insects.
Keeping, storing, stabling, or maintenance of horses shall not directly contribute
to the pollution of any public body of water. Covered, containerized solid waste
storage is required. The operation will be generating large amounts of solid
waste. To prevent runoff from the site, waste awaiting disposal should be covered
to protect it from rain and snow, and contained within barriers to keep it
consolidated in a designated area.
Accumulations of manure shall be located at least one hundred (100) feet from
any well.
All accumulations of manure shall be removed at such periods as will ensure that
no leaching or objectionable odors exist, and the premises shall not be allowed to
become unsightly.
The applicant shall obtain a permit from the City to maintain and operate the
commercial kennel and stable as regulated by the City Code.
The commercial stable shall be enclosed or fenced in such a manner as to prevent
the running at large or escape of animals confined therein.
The commercial stables shall be open for inspection by the City authorities at any
time.
No outdoor speakers are allowed.
Five trailer parking spaces shall be provided. The applicant shall show proof of
parking for the remaining seven spaces. Should the need arise for additional
spaces, the applicant will be required to provide them. Adequate turnaround for
vehicles with trailers attached to them shall be provided. The turnaround shall be
approved by the Stable Inspector. All parking spaces shall be screened from
views from Highway 212, as required in the site plan ordinance.
The applicant shall show the location of hay storage.
The applicant shall show the area where horses will be allowed to graze and
exercise outdoors. The current trail located north of the site does not allow any
horses. The applicant shall meet with the City's Stable Inspector prior to issuance
of a building permit.
Spreading of manure on site shall be in conformance with the recommended
methods of on-site disposal subject to staff approval.
The applicant shall comply with the conditions of the Site Plan Review g96-8 and
Variance g96-8.
City Council Summary -July 14, 2003
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Extend the common portion of the private street pavement to the east property line of Lot
1.
Cross access easements and maintenance agreements shall be prepared by the applicant
and recorded against Lot 1.
The applicant must revise the private street width to bring it into compliance with City
Code. Pavement design will be redesigned to a 9 ton design and 26 foot wide street.
All plans must be signed by a registered engineer.
Add silt fence along the south side of the widened driveway.
Any additional impervious surface will require storm water management improvements
and storm pond sizing calculations be reviewed before final plat approval. Existing storm
water runoff rates from the site must be maintained.
If any additional impervious surface is added, the developer shall submit before and after
hydraulic computations for both the 10 and 100 year rainfall events, existing and
proposed drainage area maps, and storm drainage plans verifying that all existing
drainage patterns and systems affecting MnDot right-of-way will be perpetuated.
Submit the results of the annual on-site sewage treatment system monitoring plan as
required by the conditions of the on-site plan approved in 1998 for the existing septic
system. The monthly reports shall be submitted to city staff prior to City Council
consideration.
Submit the results of the soil borings and percolation tests for the two ISTS sites on the
easterly lot.
Pursuant to city ordinance, the applicant shall pay a $20,160 park dedication fee charged
against Lot 1, Block 1 as part of the recording of the final plat.
If additional grading in excess of 50 cubic yards is proposed or occurs, all areas meeting
the City's definition of a bluff should be shown on the grading plan. In addition, the bluff
impact zone should be shown on the grading plan.
Wetland buffer areas shall be preserved, surveyed and staked in accordance with the
City's wetland ordinance. The applicant must install wetland buffer edge signs under the
direction of city staff and pay the city $20 per sign.
Drainage and utility easements shall be dedicated over all existing wetlands, buffer areas
and storm water ponds.
If construction occurs, Type llI silt fence should be provided adjacent to all areas to be
preserved as buffer. All upland areas disturbed as a result of construction activities shall
be immediately restored with seed and disc-mulched, covered with a wood fiber blanket,
or sodded within two weeks of completion of each activity in accordance with the City's
Best Management Practice Handbook.
City Council Summary - July 14, 2003
16.
Because the lots are oversized to accommodate individual on-site sewage disposal and
water systems, the charge for each lot has been reduced to the charge that would be
imposed on a one-half acre lot. The total Surface Water Management fees due at the
time of final plat recording are $12,179.00. If further subdivision of the property occurs,
an additional charge will then be imposed less a credit for the charge previously paid.
17.
The applicant shall insure that a registered survey is done on the driveway to insure that
the driveway is centered in the 40 foot easement to Lot 2.
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
Councilman Labatt moved, Councilman Lundquist seconded to deny the variance for the
private street pavement width to permit the use of the existing 24 foot driveway, rather than
the required 26 foot pavement width, based upon the findings in the staff report. All voted
in favor and the motion carried unanimously with a vote of 4 to 0.
CLEARWATER DEVELOPMENT, NORTHEAST CORNER OF THE INTERSECTION
OF HIGHWAYS 5 AND CENTURY BOULEVARD (SOUTH OF WEST 78~'H STREET):
Ao
PHASE I: REPLAT OF AN OUTLOT INTO 2 LOTS: SITE PLAN REVIEW
FOR THE CONSTRUCTION OF A CAR WASH, COFFEE/SHOP
CONVENIENCE/GAS STATION AND STRIP MALL: CONDITIONAL USE
PERMIT TO ALLOW A CONVENIENCE STORE WITH GAS PUMPS WITH
VARIANCES: AND A PLANNED UNIT DEVELOPMENT AMENDMENT TO
ALLOW A DRIVE THRU.
a.
PHASE II: REPLAT OF AN OUTLOT INTO 1 LOT WITH AN AREA OF 1.95
ACRES: SITE PLAN REVIEW WITH VARIANCES FOR A MULTI-TENANT
BUILDING ON PROPERTY ZONED PLANNED UNIT DEVELOPMENT.
Kate Aanenson presented the staff report and provided an update on Planning Commission action.
Councilman Labatt asked for clarification on the landscaping plan and signage on the site. Mayor
Furlong asked for clarification on the sidewalk plan. Scott Schmitt with Clearwater Development
represented the applicant and spoke to the council's and Planning Commission's concerns. The
council asked staff to clarify the traffic circulation patterns on the site, specifically with the drive
thru traffic. During council discussion Councilman Ayotte stated he would be in favor of trying
a drive thru in this location. Councilman Lundquist was in favor of a drive thru but was
wondering how to put limitations on future use. Councilman Labatt liked the idea of a drive thru
but had concerns on being protected from a fast food operation coming in in the future, but he
was willing to give staff and the city attorney time between preliminary and final plat to come up
with language to protect against the use being changed at some point if Dunn Brothers leaves.
Mayor Furlong felt it was a fairness issue for all businesses along Highway 5 and either the city
was going to allow drive thru's in this area or not. He stated he was hesitant to approve this
request even at a preliminary level. Mayor Furlong also expressed concern over the sidewalk
location away from the controlled intersection and was looking for public safety input. The
council, staff and the city attorney discussed how best to address motions for this item. A motion
was made and discussion held.
Councilman Lundquist moved, Councilman Ayotte seconded that the City Council table
Preliminary Plat, Site Plan Review, Conditional Use Permit and Planned Unit Development
Amendment for Clearwater Development to the next City Council meeting to allow for
City Council Summary -July 14, 2003
clarification of the coffee shop, review of the sidewalks, and other outstanding issues. All
voted in favor and the motion carried unanimously with a vote of 5 to 0.
PRESBYTERIAN HOMES PROJECT, VILLAGES ON THE PONDS:
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PUBLIC HEARING ON A PROPOSAL FOR A HOUSING FINANCE
PROGRAM AND THE ISSUANCE OF REVENUE BONDS TO FINANCE AN
ELDERLY HOUSING DEVELOPMENT ON BEHALF OF PHM/
CHANHASSEN. INC.
Bruce DeJong presented the staff report on this item and addressed changes in the resolution.
Mayor Furlong opened the public hearing. Jerry Paulsen, 7305 Laredo Drive went over the
questions he e-mailed to staff, and thanked Justin Miller for responding to his questions. The
public hearing was closed. Mayor Furlong stated he had talked to the Mayor of Victoria and they
were in support of this item. Councilman Labatt asked if Chanhassen could also charge a fee for
the bonding. Mark Ruff from Ehlers Associates provided various options.
Resolution S2003-62: Councilman Labatt moved, Councilman Lundquist seconded that the
City Council approve the resolution giving approval to the issuance of tax exempt loan
revenue obligations and authorizing execution of a joint powers and allocation agreement
relating to bank qualification of such revenue obligations as amended. All voted in favor
and the motion carried unanimously with a vote of 5 to 0.
Be
AMEND CITY CODE FOR INCOME LIMITS FOR AFFORDABLE HOUSING
IN TIF DISTRICT No. 8.
Justin Miller presented the staff report on this item. Council asked for staff clarification on the
duration of the tax increment district. Mayor Furlong opened the public hearing. Debbie Lloyd,
7302 Laredo Drive asked for clarification on how this code amendment relates to reaching the
goals set by the city for affordable housing. Mark Ruff from Ehlers and Associates explained
how tax increment financing will assist in the affordability of this project. The public hearing
was closed.
Councilman Lundquist moved, Councilman Ayotte seconded to adopt the city code
amendment relating to income limits for housing developments within Tax Increment
Finance District g8. All voted in favor and the motion carried unanimously with a vote of 5
toO.
AWARD OF BIDS: EOUIPMENT CERTIFICATE BOND SALE, SERIES 2003.
Bruce DeJong presented the item to the city council and introduced Mark Ruff from Ehlers and
Associates who explained the bond sale process and presented the bid tabulation for the bond sale
held today.
Resolution 02003-63: Councilman Labatt moved, Councilman Ayotte seconded that the
City Council accept the bid for the Equipment Certificates Bond Sale, Series 2003A from
United Bankers Bank. Ail voted in favor and the motion carried unanimously with a vote of
4to0.
COUNCIL PRESENTATIONS:
City Council Summary -July 14, 2003
Councilman Ayotte thanked public safety and the engineering department for responding to the
residents concerns with the street lights that have been turned off. He talked about the article in
the Sunday paper regarding the missile site clean-up, and thanked Mr. Gerhardt for his role in the
matter. He also reminded everyone that the first Minnesota soldier killed in the war in Iraq was
being buried in Shakopee tomorrow, and asked everyone to pray for and remember the soldiers
fighting overseas. Mayor Furlong thanked everyone, staff and volunteers for making the Fourth
of July celebration so successful in the city.
ADMINISTRATIVE PRESENTATIONS. None.
CORRESPONDENCE DISCUSSION. None.
Councilman Lundquist moved, Councilman Ayotte seconded to adjourn the meeting. All
voted in favor and the motion carried. The City Council meeting was adjourned at 9:40
p.m.
Submitted by Todd Gerhardt
City Manager
Prepared by Nann Opheim