CC 2012 03 26
CHANHASSEN CITY COUNCIL
REGULAR MEETING
MARCH 26, 2012
Mayor Furlong called the meeting to order at 7:05 p.m. The meeting was opened with the Pledge to
the Flag.
COUNCIL MEMBERS PRESENT:
Mayor Furlong, Councilwoman Tjornhom, Councilwoman Ernst,
and Councilman Laufenburger
COUNCIL MEMBERS ABSENT:
Councilman McDonald
STAFF PRESENT:
Todd Gerhardt, City Attorney Tom Scott, Kate Aanenson, Paul Oehme, and Jerry
Ruegemer
PUBLIC PRESENT:
Steve Schwieters, Wooddale Builders, Inc. 6109 Blue Circle Drive, Minnetonka
Mark Nelson 6290 Navajo Drive
Patrick Szalapski 1021 Carver Beach Road
Mary & Lee Kaufman 300 Hidden Lane
Bill Colopulus 2970 Highwood Drive
Mayor Furlong: Thank you and welcome to everybody here in the council chambers and those watching
at home. We’re glad that you joined us this evening. At this time I would ask members of the council if
there are any changes or modifications to the agenda. If not, we’ll proceed with the agenda as published.
PUBLIC ANNOUNCEMENTS:
Mayor Furlong: At this time, it’s my honor, I’m going to go down in front to present two Park and
Recreation Volunteer Service Awards. Hope everybody can hear me okay. At this time I’d like to invite
Kandy Jelle to come forward. Is Kandy here? Each year the City of Chanhassen, with the Park and Rec
Commission presents our Park and Recreation Volunteer Service Awards to recognize individual,
businesses, community groups, and school groups for their contributions to our community. These
awards are as I said not only to recognize their achievement but also to enhance the lives of our citizens
and encourage others to follow their lead. Kandy Jelle has been a dedicated volunteer for the Chanhassen
Park and Rec Department. She has volunteered for the Rec Center Small Fry Sports programs by helping
with football, soccer, basketball, golf and the Lil’ Stars Sports. Kandy has also volunteered for the 2011
Halloween Party where she assisted from start to finish with a variety of tasks. She was the go to
volunteer that floated throughout the party to provide assistance in many areas and everybody had a great
time. The entire party ran much smoother because of Kandy’s help. Kandy, on behalf of the Chanhassen
Park and Rec Commission and the City Council, thank you for your years of volunteer service and all
your help for the City.
Kandy Jelle: Thank you very much.
Mayor Furlong: Thank you. And at this time I’d like to invite Terri Kelly to come forward. Hi Terri.
Terri’s been a Chanhassen resident for many years and she has volunteered a large amount of her time
photographing the city’s community events, Chanhassen High School school events and Chanhassen
Redbird baseball games. She captures the events through her photography and shares her pictures with
the City. Terri recently published a book featuring many of the images that she collected in her life here
Chanhassen City Council – March 26, 2012
in Chanhassen. Terri has donated the book and many of the images to our City for use and on our
website. It’s a fantastic book and a great collection of just the day to day life here in Chanhassen so Terri
on behalf of the Chanhassen City Council and Park and Rec Commission, thank you very much for your
volunteer service and for your contribution. Thank you. I’d like to thank the Park and Rec Commission
members and others that were instrumental, city staff too for helping with those awards.
CONSENT AGENDA: Councilwoman Ernst moved, Councilwoman Tjornhom seconded to
approve the following consent agenda items pursuant to the City Manager’s recommendations:
a. Approval of Minutes:
-City Council Work Session Minutes dated March 12, 2012
-City Council Verbatim and Summary Minutes dated March 12, 2012
Review Commission Minutes:
-Planning Commission Verbatim and Summary Minutes dated March 6, 2012
-Park and Recreation Commission Verbatim and Summary Minutes dated February 28, 2012
Resolution #2012-14;
c. 2012 Street Reconstruction Project: Call Assessment Hearing.
Resolution #2012-15;
d. Approval of 2012 Vehicle & Equipment Purchases.
e. Lakeside Sixth Addition:
1) Final Plat Approval
2) Approve Development Contract
f. Approval of Liquor License Renewals.
h. Approval of Arbor Day Poster Contest Winner.
Resolution #2012-16:
i. Approve Resolution Accepting 2012 Community Events Sponsorship
Donations from Area Businesses.
Resolution #2012-17:
j. Approving the Lake Susan Park Baseball Field Improvement Project;
Resolution Accepting a $2,500 Donation from the Chanhassen Athletic Association; and
Approving a $2,500 Matching Expenditure from the Park Dedication Fund.
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
VISITOR PRESENTATIONS:
Mayor Furlong: Good evening.
Mark Nelson: Good evening. My name’s Mark Nelson. I live at 6890 Navajo Drive. Been a resident for
25 years. I’m basically coming to just find out about this PEG funds that you discussed in the last
meeting. What direction discussions are going and what further will be occurring in that area.
Mayor Furlong: Okay. That’s fine. Mr. Gerhardt, just a quick background and the public education
funds, the Mediacom funds and quick background.
Todd Gerhardt: Yeah at our last City Council meeting the City Council decided to leave the funds in the
public education account. No decision has been made as of yet to spend the dollars. I think direction
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Chanhassen City Council – March 26, 2012
council gave staff was to look for projects that where the public would see an overall tax reduction in
using those funds. Could be a road project. Could be a park project.
Mark Nelson: According to the FCC those funds are supposed to be used for public or education or
government programming on cable. The excess amount, the $700,000 from fees can be used for anything
so it’s interchangeable as far as that goes. Chanhassen I know has been invited to join like the lake
community, the communications commission which has about I believe it’s 17 cities involved there.
There hasn’t really been any other kind of public or educational movement by the City in this area in the
past and my suggestion is to use it in that area and look at the other cities around you. Eden Prairie and
various cities around you in this area of communications. To improve the communications to the city.
That would be a huge benefit and I would probably include any type of communications as well as web
and other things. There are people out there who have worked in this area. I’ve been in it for 25 years so
it’s an area that you become very versatile and it’s something that every city that has been involved, well
I’ll take exception of that. I’m not sure where Chaska is anymore. I know they had a single person
running it down there and I’m not sure if they do anymore, and I knew that it was fading so it’s good to
partner with other cities and you have a number of them in your area. That’s my first suggestion and I’d
like to be able to keep up on this subject and be a source if anybody needs me.
Mayor Furlong: Alright, thank you for your comments. Good evening.
Patrick Szalapski: Hello, my name is Patrick Szalapski. I live at 1021 Carver Beach Road and I rise just
to thank the council for it’s recommendations, direction to spend the monies in the matter that was just
explained by Mr. Gerhardt and I would just like to reiterate that I urge the council to have good oversight
over how those funds are spent and to keep with that recommendation in fact to reject any spending effort
that would be money not otherwise spent so it to be of maximum benefit to the taxpayers. Thank you.
Mayor Furlong: Thank you. Appreciate your comments. Anyone else for visitor presentations this
evening? Great, thank you for your comments.
LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE.
Mayor Furlong: Good evening Lieutenant.
Lt. Jeff Enevold: Mr. Mayor, council, good evening. Alright I’m just, remember last year I stood before
you many times and we’ve talked about preventable thefts from vehicles so tonight what I want to do is
share some details of a great investigation that was done by Ryan Thiele, who’s our Chanhassen
investigator, of a theft from a vehicle. In December of last year there were two separate thefts of vehicles
from the Chanhassen Lifetime Fitness. Suspects forced entry in there. Took some purses that were left
on the front seat. A male and a female suspect were captured on video surveillance shortly thereafter at
the Eden Prairie Mall and they used the victim’s credit cards to charge $13,000 in fraudulent transactions.
The female suspect thought it would be a good idea to bring her 3 year old daughter shopping with her to
use these credit cards. We placed photos of the suspects on the sheriff’s office Facebook page. We sent
them to local newspapers. We didn’t get any leads or no luck with that so then we asked for the
assistance of our local news television stations who placed it on their website. We got some feedback
there. We identified the suspects as Ruiz Garcia and Tanya Rich from St. Paul. With that information we
were able to get a search warrant and we served that search warrant with St. Paul P.D., White Bear Lake
P.D. and several items were located at the homes of the suspects which linked them to the Chanhassen
theft as well as the White Bear Lake theft. They had a Lifetime Fitness there too. Both Garcia and Rich
now are facing charges in Chanhassen for criminal damage to property, tampering with a motor vehicle
and theft. They’re also facing additional credit card fraud charges in Hennepin County and as a result of
the search warrants some felony narcotics charges out of Ramsey County so this was great police work
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Chanhassen City Council – March 26, 2012
from the initial call to the finish to the investigation. They did a terrific job and what I’m trying to
emphasize tonight is that you know this case is not unique. This type of work goes on all the time here.
We have a great group of law enforcement professionals assigned to the city of Chanhassen who
coordinate and communicate on a regular basis to prevent and solve crimes in our community and I’m
pretty proud of the group of folks that we have working here so with that I’ll open it up to any questions
or comments you may have Mr. Mayor.
Mayor Furlong: Thank you. Any questions for the Lieutenant this evening? No? Very good. Thank
you. Appreciate all your service. Please thank the deputies for us here as well. This evening Assistant
Chief Ed Coppersmith is here this evening for the Chanhassen Fire Department. Good evening.
Assistant Chief Ed Coppersmith: Good evening Mr. Mayor, City Council. The Fire Chief couldn’t be
here. He is away out of state on business but I’m happy to be able to report that our fire calls overall are
down again for a second month in a row. In fact this is the lowest, the first two months of a year have
been in the last 5 years. All types of calls that we respond to are down overall. There’s not a major drop
in any one particular call. Any type but they’re all down enough to where we’ve got a 5 year record
basically, and I attribute that to a lot of the fire prevention activities that the department does utilizing the
Facebook, the City website and the Chanhassen Connection, along with the activities that the fire
department does. We are continuing with a intense overall fire department training and we’ve just gone
out since the ice is off all the lakes, we’ve transitioned all our equipment from an ice rescue scenario over
to either brush fire or water rescue type equipment is all back in service. The only significant event that
has occurred since the last council meeting is the structure fire that we had on Lake Susan Drive. All
occupants got out safely. They have been relocated and the insurance company is working with them as
far as getting the building demoed and reconstructed. At this time if anyone has any questions.
Mayor Furlong: Any questions for Mr. Coppersmith this evening? No? Very good, thank you.
Assistant Chief Ed Coppersmith: Thank you very much.
Mayor Furlong: Appreciate your report.
PUBLIC HEARING: PROPOSED REALIGNMENT OF PRECINCT BOUNDARIES.
Mayor Furlong: Let’s start with a staff report please and then we’ll certainly welcome, Mr. Gerhardt.
Good evening.
Todd Gerhardt: Mayor, City Council members. Before I start with a staff report I want to thank Bob
Generous and Karen Engelhardt for their hard work on looking at the realignment of our precinct
boundaries. They’ve put a lot of hard work and effort into the proposals that we’re going to present this
evening. First off I’d like to show the existing precinct boundaries and the attached map is what we’ve
used for the past 10 years and then the goals for realigning the precincts based on the latest census data.
We followed the new legislative and congressional district boundaries. We followed the census block
lines, clearly recognizable physical features, school district boundaries and wherever possible we used
that data. Polling places within 1 mile of the precinct. We administered elections efficiently by laying
out the precincts with 1,500 to 2,500 voters per precinct. We also set out the goal of maintaining 7
precincts. By expanding the precinct boundaries to an additional 8 or 9 we’d have to add additional staff,
equipment and that would add cost to the overall election process. Equalization of population to
maximize the extent possible was also used as one of our goals. Proposed precinct realignment Option
number 1A lays out accordingly and we used those goals to do that. The pros and cons of 1A were
Precinct number 5 is smaller to allow for growth. Based on current information is estimated that voter
turnout will reach 2,500 in 2017 to 18 and 2,922 in 2020. Precinct number 3 becomes slightly larger.
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Chanhassen City Council – March 26, 2012
This precinct does not have any significant growth areas so the impact over the next 10 years will be
minimal. Precincts 4 and 5, all precincts of that matter will maintain a manageable size through 2020.
Those living east of County Road 101 and south of Riley Creek and Lyman Boulevard already vote in St.
Hubert’s Church which creates less voter confusion on election day. The residents living nearest to St.
Hubert’s would vote at the public works building. Currently they vote at City Hall so moving them south
of Highway 5 is a benefit. Staff believes that these precincts would not require realignment prior to the
2020 census. The cons, the residential area around St. Hubert’s would not vote at the church and would
vote at the new public works facility. We’d also like to show you Option 3. Option 3 lays out as shown.
The pros of Option 3 is the residential area around St. Hubert’s Church would vote at the church.
Currently these residents vote at City Hall so moving them south of Highway 5 is desirable. Residents of
Precinct 5 will continue to vote at St. Hubert’s. And the cons, the population of precinct 4 works today
but the majority of the future growth in this area it is estimated that the precinct will continue to grow and
reach 2,500 voters which ultimately would be difficult to manage over the long run and the configuration
may require realignment prior to the 2020 census. With that staff would open it up for council questions.
Mayor Furlong: Thank you. Questions for staff. Mr. Laufenburger.
Councilman Laufenburger: Yeah, just a point of order. Will the council have an opportunity to ask staff
questions after the public hearing as well or would you like our questions, if you have questions now?
Mayor Furlong: Well I guess if we have questions now that would be the time to do it because that may
answer some questions for the public.
Councilman Laufenburger: Okay.
Mayor Furlong: But I’m never going to preclude council from asking questions.
Councilman Laufenburger: Okay, thank you Mr. Mayor. Could you go back to Option 1A? Mr.
Gerhardt could you just, you spoke about this and I’m thinking about Precinct 5.
Todd Gerhardt: Correct.
Councilman Laufenburger: Yeah, Precinct 5 there’s an area on the northwest corner of this current
Precinct 5. Thank you very much, is that Kate? Northwest corner of Precinct 5. This would be south of
Lyman and east of the Chanhassen boundary north of 212. That block area right there. Is that the area
that you’re saying is primary growth Mr. Gerhardt, is that correct?
Todd Gerhardt: That is correct.
Councilman Laufenburger: Okay. And is there any other area in Precinct 5 where there’s areas of
primary growth? Or secondary growth perhaps.
Todd Gerhardt: You have some off of Lyman. Reflections.
Councilman Laufenburger: That would be the northeast, right in that area?
Todd Gerhardt: Correct. And there are some larger tracks that could come in down the line.
Councilman Laufenburger: Okay. And that growth is an estimate, is that correct Mr. Gerhardt? The
growth for Precinct 5 between now and 2020.
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Chanhassen City Council – March 26, 2012
Todd Gerhardt: Yes it is.
Councilman Laufenburger: Okay. Okay, so as I look at this map I want to do two things. First of all is I
want to reiterate what Mr. Gerhardt said about Karen and Bob. They did a wonderful job given the
constraints that they had, especially the constraints they had regarding the new redistricting and I think
they looked at population and they’ve done their very best to try to accommodate the precincts. The
concern I have is the area north of Riley Creek, south of Highway 5 and east of 101. It’s called that St.
Hubert’s section. Right now it’s in Precinct 4 and it would vote at Chanhassen Public Works. If you
could go to Option 3 now please. This option doesn’t require, this option yes, it does work for today and
it doesn’t require any further estimates but clearly that 1,000 people or 891, 900 people I think it is, is that
correct Mr. Generous?
Bob Generous: That’s correct.
Councilman Laufenburger: 900 people in that segment would be able to shift their voting from City Hall
to the church which is right in their neighborhood. They would not have to be confused by driving past
St. Hubert to the public works area in order to vote. They could vote right there at St. Hubert. And
shifting that area which was formerly in Precinct 5, the growth area that you described, moving that to
Precinct 4, it albeit your estimates show Precinct 4 getting very big in 2020 but I would concur that those
are estimates and there’s no certainty of that so I believe that the positioning of the precinct in the, excuse
me, positioning of the polling location in the precinct makes more sense for today and if necessary we
can, if it’s necessary to put precincts we can redistrict sometime during the next, before the next census.
So I would ask that Mr. Mayor that this Option 3 be the considered option for the council. Thank you.
Mayor Furlong: Okay. Alright, other questions for staff.
Councilwoman Ernst: I have a question.
Mayor Furlong: Councilwoman Ernst.
Councilwoman Ernst: Mr. Gerhardt, could you summarize why staff is recommending 1A over Option 3
as Councilman Laufenburger just spoke of.
Todd Gerhardt: We believe that Option 1A has the population and make-up that would not have to force
us into redistricting into the future. We believe that there’s an equal distribution of population by precinct
and based on future growth we took that into account and we feel that Option 1A best fits those goals that
we used in realigning the districts.
Councilwoman Ernst: And based on potential growth on what we know today, correct?
Todd Gerhardt: In Precinct 5.
Councilwoman Ernst: Yeah, thank you.
Mayor Furlong: Other questions? Question or clarification. I think I’m looking at the maps correctly but
I just want to verify. I’m going back and forth between the maps which is dangerous but it looks like
under Option 1A the proposed Precinct 5, which is in yellow on the map here, is nearly if not the same as
our current Precinct 3. Is that a correct statement?
Karen Engelhardt: Very similar.
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Chanhassen City Council – March 26, 2012
Mayor Furlong: And again I’m just looking at the old map but it looks like it runs along east/west from
Lyman to 101 and then north up to the creek and then east to the creek. Is that, is Precinct 5 under the
proposed 1A, is that different than that or is it virtually the same precinct?
Bob Generous: Just the apartment.
Mayor Furlong: I’m sorry.
Todd Gerhardt: The apartments.
Bob Generous: The apartments on Lake Susan Drive would be in.
Todd Gerhardt: That section of 101 west on 101 by 212.
Bob Generous: Down by 212. Yeah, right there.
Todd Gerhardt: It also has the Kwik Trip colored in blue if you bring the existing and then the piece to
the north.
Mayor Furlong: Okay, and I’m sorry so, and then could you put up, could you put up Option A1 again
please. Okay, so we are, okay so it does, it goes all the way up to 212 as opposed to Lyman to 101 so
we’ve got that, we’ve got the neighborhood business where Kwik Trip is and then the apartments just to
the north. Other than that that precinct proposed 5 under Option 1A incorporates all of current 3 plus the
middle segment of the apartments.
Bob Generous: Yes.
Mayor Furlong: Okay. Alright. Thank you. Any other questions for staff at this time? If not, at this
time I’d like to open up this item for public comment and invite any interested parties to come forward
and address the council.
Mary Kaufman: Hi. I’m Mary Kaufman. I live at 300 Hidden Lane which means I’m one of the 800 or
900 in the St. Hubert’s district and I just, you know I heard the two proposals and I’ve lived in
Chanhassen for a number of years and I think I’ve voted at just about everyplace up there. We get shifted
around a little bit so we’re used to that. We’re mobile but I am concerned about the residents of
Summerwood. That they could vote potentially right across the street versus having to go out to the
public works, and us too. It would be much more convenient to be able to vote a block and a half from
our house, if possible. Thank you.
Mayor Furlong: Thank you. Any comments or thoughts on the Summerwood or others?
Todd Gerhardt: Mayor, council. There’s basically two discussion points there. You could switch polling
places for those precincts. There’s also the down side of that is those individuals in Precinct 5 would all
have to vote at a different polling place so.
Mayor Furlong: Old 3.
Todd Gerhardt: Yes.
Mayor Furlong: Yeah, current 3.
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Chanhassen City Council – March 26, 2012
Todd Gerhardt: Current 3, proposed 5.
Mayor Furlong: Okay, thank you. Other comments from the public. Okay, thank you. Appreciate that
Ms. Kaufman. Let’s bring it to council for comments, thoughts on the proposals here. Councilwoman
Ernst.
Councilwoman Ernst: Well you know we’ve talked about this at length and I have to say I’ve really
struggled with this one but with the comments and the work that Bob and Karen have done with this and
really based on the growth that they project, and I suppose that you have historical data and the analysis
that really makes those numbers come out the way that they are, I would really support staff’s
recommendation in going with Option 1A. That’s your recommendation, is that correct?
Bob Generous: That’s correct.
Councilwoman Ernst: Thank you.
Mayor Furlong: Thank you. Other thoughts, discussion. Councilwoman Tjornhom.
Councilwoman Tjornhom: Yeah this is I think one of those important nights again because voting is I
think one of our most important rights and privileges that we have as Americans and I think it’s important
that whatever we do tonight we make sure that we are not preventing people from getting to the polls and
that we make it as convenient as possible for them and so whether that is, Summerwood obviously lives
in the location it lives in and it makes total sense to me to vote at St. Hubert’s but in 5 years the
population changes and it’s inconvenient for someone else and so I too am thinking, because of the pros
and cons that were out there to make sure that voting is convenient and it is made available easily to
everybody, I also would agree that 1A is a good option and if Summerwood needs help getting to the
polls I’m sure we can find a way to make that happen for them.
Mayor Furlong: Okay, thank you. Mr. Laufenburger.
Councilman Laufenburger: Thank you Mr. Mayor. I have struggled with this a lot and I, perhaps I’m
struggling with it too much but the, it seems to me that a significant element of the substantiation for
supporting 1A versus Option 3 is based on a future, which is unpredictable, and also to prevent or to
forestall the need for redistricting of the 4 and 5. The truth is, the decision that was made, and by the way
I supported, the decision that was made to have, to limit the precincts to 7 precincts versus 8 essentially
necessitates that the areas 4 and 5, where there will be the most growth, those are going to be large voting
precincts. Now if you were to separate them into 3, 4 and 5 into 3 precincts making a total of 8, then
those precincts would be much smaller and manageable according to both the redistricting guidelines and
the recommendation of Mr. Generous and Ms. Engelhardt. So I think the first decision to go with 7
precincts essentially set the stage for busy precinct voting locations, St. Hubert’s and Chanhassen during
the coming 10 years, assuming the growth occurs. But I believe the decision to allow the St. Hubert
segment, that 890 population, that’s a decision that essentially supports the citizens versus the city staff.
Whereas my view is Option 1A really supports the city staff, which is the group that is responsible for
redistricting so on behalf of those citizens that, albeit one did come tonight. I appreciate that. On behalf
of the citizens I would support Option 3 which puts the polling location in the precincts and does allow
for growth. So I would support Option 3 Mr. Mayor.
Mayor Furlong: Okay, thank you. I guess I want to start by certainly reiterating my thanks and
appreciation to Karen Engelhardt and Bob Generous for their hard work. I know this has been something
that they’ve been working on for a long time and they were dealt a few new cards in February when the
courts came down with the new legislative districts and the requirements and the need and the practical
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Chanhassen City Council – March 26, 2012
reason to include, to follow the legislative district lines. I also agree with their goal and the work that
they did in trying to follow the school district lines. I think any of us that have gone into a polling place, I
know I have and others have too, where not only do you have to figure out which polling place to go to
but then you have to remember the school district number and keeping those straight and separate is very
helpful and so I appreciate that. I think other goals that have been mentioned here that Mr. Gerhardt
mentioned, some of which are the maintaining 7 precincts from a cost standpoint and efficiency
standpoint are important. Another precinct means another polling place. More staff. More equipment.
More cost for the same number of population so trying to find that right balance between the number of
precincts and the number of, the number of precincts relative to population I think is important and I think
that’s been found. The other comment that I’ll make here as we get into this is, is we’re benefiting as a
city right now I believe from previous decisions of councils not to set up a ward system in terms of
electing City Council members. Some cities have wards where City Council members need to live and
are elected by only a partial of the city. Our elections for all council members, mayor and others are at
large and because of that, that alleviates a lot of I believe some of the political pressure to the lines that
can come up during the redistricting timeframe. So I think we’re benefitting from that. The comments
have been made and the questions raised by Councilman Laufenburger I appreciate in large part because
they haven’t been focused just on what’s the most efficient way to run it but they’ve been focused on
citizens and where’s the, how can we make it convenient for people. One of the things that I do
appreciate is the polling places here, you can pull up another map Mr. Gerhardt, either one is fine. Or Ms.
Aanenson. Is the polling places are all right along Highway 5, which is I think is helpful for people
regardless of where they live, north or south, to get to is beneficial. You can see in proposed Precinct 3,
by either map there are two polling places in there so people are going to be driving by one polling place
to get out to Westwood. I think it’s Westwood for Precinct 3 is proposed to vote at, and I think that’s the
nature of what happens. Yet at the same time I think the proposed polling places, and there are changes
here as we heard, every 10 years people need to go someplace else and there will be a good need to be a
good education process regardless of what we do. One of my concerns is, and the comments that came up
at our work session this evening as well as I think earlier this evening is that is, while there’s an option if
one of the polling places by growth becomes difficult from a polling place during the year, there’s an
option to redistrict at any point in time prior to the next national census. I’d like to avoid a scenario that
creates a greater possibility of that. Staff’s comment this evening is that they’re confident, as I heard and
please correct me if I’m wrong, that Option 1A would not require a redistricting based upon the current
expectation for growth in our city and where that growth might occur and I think that’s an important
factor to consider. I also think that while we could switch polling places for, if we went with Option 1A
we could switch polling places as proposed, that’s going to move the entire old precinct 3 to a new
polling place as opposed to just those in the, we’d be moving two different precincts as opposed to one so
I think that in a sense has to be considered on top of the proximity of some people living in a polling
place, or living near a polling place but voting somewhere else. So my support, all things considered,
while I appreciate the comments is to go ahead with Option 1A. Even though it’s not perfect, anytime we
zero in on a particular neighborhood or development there may be inconveniences, it’s certainly my hope
that any inconvenience that this map creates are certainly manageable and can be mitigated either by, if
it’s a question of an apartment development by that residential development themselves or working with
the city staff, and I would encourage staff to do that if this, we’ve talked about one this evening in terms
of Summerwood with it’s proximity to St. Hubert’s. As we’re going through the education process if
there are issues that are raised that we’re not aware of tonight or haven’t been brought up by residents,
let’s look for ways to accommodate them or seek to try to mitigate any problems that might occur there
because while we can look at one area that we’ve talked about, we may be creating, we’re changing the
entire map and people are going to be voting at different places so I think that’s an issue that we are going
to have to deal with. But at the same time I think a good education campaign and letting people know
what’s changing, where it’s changing and where they’ll need to go to vote in the upcoming elections I
think is very important. With that, unless there are any other comments, I would entertain a motion.
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Chanhassen City Council – March 26, 2012
Councilwoman Tjornhom: I’ll make the motion.
Mayor Furlong: Excuse me, Councilwoman Tjornhom.
Councilwoman Tjornhom: Mr. Mayor I make a motion the City Council approves the resolution
establishing precinct boundaries and polling locations as depicted on the map labeled Option 1A.
Councilwoman Ernst: 1A.
Mayor Furlong: 1A? Thank you. Is there a second?
Councilwoman Ernst: Second.
Mayor Furlong: Thank you. Any discussion on the motion?
Councilman Laufenburger: Mr. Mayor.
Mayor Furlong: Yes.
Councilman Laufenburger: Yeah I’d just like to add this comment that, while I may not agree with the
interpretation of the growth factors that have been applied suggesting that there will be a 17% growth in
Chanhassen population between 2010 and 2010. Though I may not agree with that, I can still support
Option 1A.
Mayor Furlong: Thank you. I have a question for clarification as well. In our council packet was a
resolution and a specific business description known as Attachment A relating to Option 1. I assume by
the maker of the motion here that she would be adopting a resolution that would be updated and the
attachment to follow item 1A?
Bob Generous: That’s correct.
Mayor Furlong: Is that correct?
Councilwoman Tjornhom: Yep, I make that motion.
Mayor Furlong: Okay, and Councilwoman Ernst that’s what you seconded as well?
Councilwoman Ernst: Yes.
Mayor Furlong: Thank you. Any other comments or discussion? I will just finish by saying thank you
again and thank you for everybody that was involved. Appreciate everybody’s efforts in this. It’s a major
project. If there’s no other discussion, we’ll proceed with the vote.
Resolution #2012-18: Councilwoman Tjornhom moved, Councilwoman Ernst seconded that the
City Council approves the resolution establishing precinct boundaries and polling locations as
depicted on the map labeled Option 1A. All voted in favor and the motion carried unanimously
with a vote of 4 to 0.
10
Chanhassen City Council – March 26, 2012
PRIMROSE OF CHANHASSEN:
A. PUBLIC HEARING: VACATION OF DRAINAGE & UTILITY EASEMENT.
B. REQUEST TO AMEND THE EXISTING STANDARDS OF THE CHANHASSEN
GATEWAY PLANNED UNIT DEVELOPMENT; PRELIMINARY & FINAL PLAT TO
REPLAT 6.15 ACRES INTO ONE LOT AND ONE OUTLOT; SITE PLAN REVIEW FOR
THE CONSTRUCTION OF A DAYCARE BUILDING; CROSSROADS OF
ND
CHANHASSEN 2 ADDITION.
Kate Aanenson: Mayor, if I may.
Mayor Furlong: Everyone else left. You’re on.
Kate Aanenson: We’re going to take both applications together.
Mayor Furlong: Okay.
Kate Aanenson: And so I think to kind of give an overview of the project. Obviously the vacation does
require a public hearing and we’ll pause as we, before we get to our motions but I think to kind of put it in
context we’ll go through the application itself.
Mayor Furlong: Thank you. Without objection.
Kate Aanenson: Thank you. So summary of the request is amendment to the planned unit development,
a subdivision, and preliminary and final plat, site plan approval and vacation of a drainage and utility
easement. Again the applicant is Children’s Design Group. The subject site is located just north of
Lyman Boulevard, immediately west of 101 and south of 212. This area has land use designation for
mixed density which allows for high density residential and neighborhood commercial. Again the
neighborhood commercial’s intended to support kind of the surrounding residential needs and commercial
uses may include the convenience grocery stores, daycares or those kind of, as I mentioned that meets the
daily needs of the neighborhood. As you are aware, this has gone through some different iterations. We
did approve back in January of 2005 a concept PUD for this entire property. Some of it was developed.
We just talked about the apartments that were up in this area north of 212 and we have some property
there that is still undeveloped, and then south of 212 we now have the Southwest Transit Station that has
been constructed. So that project again was the PUD concept in 2005. Since that time Kraus-Anderson
bought the property immediately to the south on Lyman Boulevard and again would be west of 101.
They have built that Kwik Trip there and the rest of it has remained vacant. They did put together,
amended that PUD. Made it specific to meet their uses that met their needs to in 2008 we did approve a
PUD development contract and then gave preliminary plat approval for all this. I want to step back and
th
say that the Planning Commission did hold a public hearing on this amendment back on March 6 and
they reviewed it and they did recommend approval. I also want to state that for the record that there was a
resident that was given incorrect information about the time of the hearing and wasn’t able to attend. Mr.
Riese did submit a letter for the record and it is included in the packet but he did state to me that he
wouldn’t be able to attend the meeting. I just want to for the record just kind of clarify, summarize 4 or 5
points that he made.
Mayor Furlong: Attend this evening’s meeting you’re saying.
Kate Aanenson: That’s correct. Could not attend tonight so I just wanted to, I’m not going to read all his
letter but I just want to summarize a few points that he made and those included that he felt that the
Primrose, the child care center that’s proposed for this site did not, would not serve the diverse economic
11
Chanhassen City Council – March 26, 2012
levels within the existing neighborhood and also that the change to the PUD to accommodate the child
care center would reduce the tax revenue originally intended for the site. I’ll go through in a little more
detail but there was two proposed uses on the subject site that we’re talking two buildings with square
footage there so we’re reducing that and that would be to his third point that we’re going from a 10,000
square foot building here and another 3,000 there, reducing that and he felt that that would have a
negative impact on the commercial development. In addition he felt that the parking was inadequate for
the use based on what he determined as a level of employees, and I’ll speak to that on our standards as we
review that. And then finally he felt that we should be requesting from them that they have financing for
the project and that they should submit a commitment letter to the City that they do have that financing in
place. So again I wanted to read those for the record and the Planning Commission did, as I stated,
recommend approval on this. So the application itself, we did get preliminary plat approval so now we’re
amending that because this did have two lots, as I stated. It was approximately 13,000 square feet so this
will change the size of that so the two lots will be actually platted, replatted for one lot so that Outlot A
now will become just a Lot 1 with it. So this would be the size and configuration of the building itself,
which would be the 12,000 so that was the difference there. The original two buildings would go from
the 13,000 potentially down to the daycare. The daycare is a permitted use in the district so one of the
amendments to the PUD would allow for, it said no larger than 8,000 square foot in any building so this
would allow for that amendment to go to the 12,000 square feet. There was some, looking at the design,
it went through a lot of iterations of how this could be laid out with keeping, whether the parking should
go in the front. One of the issues that the staff had is you know this is a line. All the parking behind for
that residential neighborhood. Kind of that, for the visual impact so the applicant was able to put the
building to the front. The playground is towards, this is the fenced area so you have that continuous line
of fence which will go across that, so they were able to work that out and we appreciate that. It was a lot
of work to make that work and therefore you’ll see the one minor variation which needed to be the
vacation of that utility easement. Otherwise there’s just the PUD amendment on that.
Mayor Furlong: And I’m sorry Ms. Aanenson, and if you’re going to get to this that’s fine. As you’re
looking at this picture, where does the current drainage utility easement run through?
Kate Aanenson: I have that on the layout. I’ll come to that, yep.
Mayor Furlong: Okay, thank you. I’ll defer, thank you.
Kate Aanenson: So with that, this is the site plan itself. Again this mirrors what we have on the Kwik
Trip site. This is similar materials so you’ve got an elevation looking from the parking lot, which would
be on the north side. So you’re looking towards the south, and then you’ve got the two middle slides are
actually, well the one on, this one right here is actually looking from Lyman where you’re seeing that
fenced area with the playground in front. And this would be again the parking lot. Access to the building
and then this is also another perspective, kind of the other side of Lyman looking towards the building so
the landscape playground area is towards the front of the building. As I mentioned, this is a replat of that
so we’re asking for a preliminary and final plat with this application. Kind of the two step process so Lot
1, the outlot was actually 6.5 so now we’re going for Lot 1 would be 1.76 acres with an outlot of 4.39
acres. Again a majority of that outlot is a wetland. That first iteration I showed you way back in 2005,
that originally had apartments on that site when it originally came in. It had about 64 apartments so as the
markets changed, so has that use. So with that, this is the location of the drainage easement and I’ll try to
show you on the site approximately go back to where that was and maybe that’s what your question is.
Actually, I believe it’s right up in here. Along the parking lot area. It’s on that side where it may
encroach right on this area where that wetland storm meeting, right in over here. If that answers your
question. So in order to accomplish that, that little piece of this blue area there is part of the utility and
drainage easement that needs to be vacated and that does require a public hearing. I also wanted to point
out in there you have all the Findings of Fact. We also changed in your attachment here is the PUD
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Chanhassen City Council – March 26, 2012
language so we did modify that so on that ordinance which is page 2 is where we changed it that said a
tenant may occupy more than, no more than 10,000 square feet in Building 4G and that’s where we’re
changing that to allow up to 12,000 square feet so that’s in and the use is permitted. It’s just moving from
maybe internally somewhere else to that site in and of itself combining those two lots to go there so we’re
not adding another use to that menu of uses that could go there. So that’s the one change. And the
preliminary plat but right here I’d like to stop and let you take any comments on the public hearing and
then I’ll kind of go back to what all the motions are to recommend for approval of this project.
Mayor Furlong: Can we take questions from council on this at this point?
Kate Aanenson: Certainly.
Mayor Furlong: With regards to the drainage and utility easement.
Kate Aanenson: Certainly.
Mayor Furlong: Are there any questions? Typically when we vacate a drainage utility we establish a new
one. Is that going to happen here?
Kate Aanenson: Yes, with the plat, yeah.
Mayor Furlong: Okay so this is really a vacation of one and the plat will establish a new one.
Kate Aanenson: Yep and it’s, as in the staff report from engineering it’s on the site is a county storm
sewer. It runs the entire length of the site and there’s currently no active use of that site so it shouldn’t be
a problem. And the stormwater pond as you recall, let me go back to that. Yeah, go back one more.
We’ve got a stormwater pond and so it accommodates that so it shouldn’t be a problem, yeah.
Mayor Furlong: Okay. Any other questions with regards to just the drainage utility easements at this
point? Yes, Councilwoman Tjornhom?
Councilwoman Tjornhom: No.
Mayor Furlong: Okay, well at this point then I would open up the public hearing and invite all interested
parties to come forward and speak on the matter of the proposed vacation of the drainage and utility
easement. Seeing nobody, without objection then we’ll close the public hearing and continue on with
staff’s report.
Kate Aanenson: Okay. So this is the proposed motion. Again you’re amending the PUD as I stated, and
I’ll just reiterate that. You’re recommending the change in the ordinance to allow for a 12,000 square
foot building, which is different than the underlying. You’re replatting the one lot from two lots to one,
and that would include preliminary and final. You’re giving site plan approval to the Primrose School,
the daycare for 12,000 square feet and the architectural which we have building material samples here
too. The Planning Commission looked through all those. Again it’s consistent with what we have out
there. We’re vacating the drainage and utilities and we’re adopting Findings of Fact and
Recommendation so those are all the motions that are required.
Mayor Furlong: Thank you. Let’s go to questions for staff on any issues presented before us this
evening.
Councilman Laufenburger: I do have one Mr. Mayor.
13
Chanhassen City Council – March 26, 2012
Mayor Furlong: Mr. Laufenburger.
Councilman Laufenburger: Kate, can you go to a visual of that entire triangle?
Kate Aanenson: Yes. Oops, I’m going the wrong way, sorry.
Councilman Laufenburger: Perfect.
Kate Aanenson: Oh, did you want just the triangle itself?
Councilman Laufenburger: There. Right there.
Kate Aanenson: Okay.
Councilman Laufenburger: So Outlot A, the designation there, there really isn’t anything else that can be
placed there.
Kate Aanenson: That’s correct.
Councilman Laufenburger: No other opportunity for any other business so essentially the Lot 1, which
will be the Children’s Design proposed, that will be the only business present in that entire triangle.
Kate Aanenson: That’s correct.
Councilman Laufenburger: Okay. Where the original plans called for something else on the north side of
Lot 1?
Kate Aanenson: Yes. Yes. The original plans that Kraus-Anderson had, actually they intended a deli
and a liquor store to go here and if you look at those drawings they had, actually they had Haskell’s and I
think Haskell’s got wooed to a different location.
Councilman Laufenburger: Sure.
Kate Aanenson: That doesn’t mean there can’t be a liquor store somewhere else in there but I don’t think
something of that size would go there. And then the other retail was just up here and they had, they had
worked really hard to try to market those two sites and Primrose was out looking for other sites in the
community for quite a while.
Councilman Laufenburger: What is now identified as Lot 1 is no larger or smaller than what was
originally planned, is that correct?
Kate Aanenson: No, I think the issue there was, the original buildings had actually, one was 10,000 and
one was 3,400 so you could have 13,400. The building that’s coming in is at 12,000 so potentially you
could have lost some square footage there in two uses. Assuming that they both maximized and came in
at that exact footprint. What we did when we approved that and gave preliminary plat approval, they
would just, in the subdivision, they would have just had to come in and get a building permit. If they
wanted to go bigger than that then they would have had to come in and ask for modifications.
Councilman Laufenburger: Okay, thank you Kate. That’s all Mr. Mayor.
14
Chanhassen City Council – March 26, 2012
Mayor Furlong: Okay, thank you. Other questions?
Councilwoman Tjornhom: I have a question.
Mayor Furlong: Councilwoman Tjornhom.
Councilwoman Tjornhom: Usually with a PUD there’s always some give and take and so can you give
me a brief synopsis of what we’re benefitting and what they’re getting.
Kate Aanenson: Sure. Under the PUD, when we put that together, when we looked at the original
proposal and the apartments I think what we did as far as the architectural design there, we certainly got
all brick design which is not in our city code so we got a higher level of design, architectural and it’s all
unified so all the buildings in there are matching their architectural which I think is a pretty high standard
matching that across the street. We also preserved, you know they gave us additional landscape buffer
around here with that fence that’s kind of unified throughout in the landscaping theme. That landscaping
theme will also match what’s going across on the other side with Southwest Transit so when we originally
gave this PUD we were able to balance the hard cover within each project so there’s a, they were able to
do that but we also got a much higher level of architectural standard and design. I didn’t show the sign
but there’s a uniformed sign package out there and so they’re all abiding by that.
Councilwoman Tjornhom: Okay.
Mayor Furlong: Okay, anything else?
Councilwoman Tjornhom: That’s it.
Mayor Furlong: Other questions? Councilwoman Ernst, anything? Ms. Aanenson in terms of the
wetland that’s pictured here on this graphic, is that a wetland that requires any special setbacks at all?
Kate Aanenson: Yep.
Mayor Furlong: And does the building.
Kate Aanenson: The building, yeah I’m sorry.
Mayor Furlong: Does this proposal meet any setbacks?
Kate Aanenson: Yes, it does meet all the standards of the zoning district and so there will be a small
retaining wall with some of the parking lot but it does meet all the standards of the city ordinance.
Mayor Furlong: Okay. And then with regard to the parking, and this gets back to the question raised in
the comment letter this evening, there was a difference in terms of the number of stalls that might be
required for Mr. Riese and can you speak to that? Is it just a different interpretation of or, not
interpretation but, is it just which part of the code applies?
Kate Aanenson: Yeah, thank you for that clarification. The City does in their parking standards, and this
is the same standard we’d apply to every daycare, is that our ordinance requires 1 parking space per 6
students. You can have a lot of numbers, you can have a high number, level of employees but that
doesn’t mean they’re full time equivalents so you kind of try to balance that out so we base our’s on the
building capacity, which they get a license from the State and that building capacity is 182 students so we
translate that into 31 stalls is what they’re required and they’re actually providing 48 so it exceeds what
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Chanhassen City Council – March 26, 2012
we’d say is a minimum. And if there’s a special activity at that, on a certain night they do have the
opportunity to do shared parking with some of those uses. They do have cross access agreement.
Mayor Furlong: And I guess that’s, now you’re leading into my next question. As part of the PUD, as
we can see in this picture to the east, there’s substantial parking that would support the buildings over on
the other side of the road to the east. Is there shared and reciprocal parking throughout the development?
Kate Aanenson: That was the intent of the PUD is to provide cross access agreement as there may be
opportunities at certain times where someone’s having a major event and they need some shared parking
and that would work.
Mayor Furlong: Okay, but that does exist within the PUD and that’s part of the requirements here?
Kate Aanenson: Yes. Yes. They will own this lot but there was cross access agreements, yes.
Mayor Furlong: Okay, and that would be true if on off hours somebody wanted to use their parking lot,
another tenant on the other side? Okay. And then, okay. Thank you. That’s all the questions I have at
this time. And let me see, we did have a public hearing at the Planning Commission so at this point I
would ask if there are any comments or discussion.
Kate Aanenson: There is somebody here representing Primrose if you had any questions too. I’m not
sure.
Mayor Furlong: Thank you. I missed that. The applicant, please. Thank you Ms. Aanenson. Thought I
had missed something and it was you.
Michael Thedieck: Good evening. My name is Michael Thedieck. I live at 2676 Whitehurst Road,
Deland, Florida. I represent Children’s Design Group. We just want to say thank you, thanks to the staff
for working with us. This isn’t a standard building for us but we worked out way through it and are very
happy with the results for it. I think it’s going to be a good project for everybody.
Mayor Furlong: Okay, very good. Thank you.
Kate Aanenson: I would just like to thank Sharmeen Al-Jaff who did a good job of pushing a little bit to
get a really nice building down there and I think they, we worked really well together. It’s a nice
building.
Mayor Furlong: Very good, thank you. Any discussion? Comments?
Councilman Laufenburger: I like to see growth.
Mayor Furlong: And that’s where I was going to start. It’s always nice to see businesses wanting to
invest in the city of Chanhassen and especially with the economy as it has been and continues to be in
some areas for businesses to choose to make their investment here in town is something we should be
thankful for and are thankful for and grateful for. I do want to also thank city staff and the applicant for
working together as they have to get this here. I know that or I understand there have been many
meetings and discussions but from everything that I’ve seen, it looks like a very nice looking building and
we certainly wish the Primrose business all the success in the world here in Chanhassen so with that we
have a number of issues before us that without objection I think we can take in a single motion. Would
anybody like to make a motion?
16
Chanhassen City Council – March 26, 2012
Councilwoman Ernst: Mr. Mayor I’ll make the motion.
Mayor Furlong: Councilwoman Ernst.
Councilwoman Ernst: I make a motion that City Council approve Planned Unit Development
Amendment, Preliminary and Final Plat, the Site Plan approval, vacation of drainage and utility easement
and adoption of Findings of Fact and Recommendation as stated in the staff reports dated March 26,
2012.
Mayor Furlong: Okay. Thank you. Is there a second?
Councilwoman Tjornhom: Second.
Mayor Furlong: Thank you. Motion’s been made and seconded. Any discussion on the motion?
Hearing none, we’ll proceed with the vote.
Resolution #2012-19: Councilwoman Ernst moved, Councilwoman Tjornhom seconded that the
City Council adopts a resolution approving the vacation of drainage and utility easements on
Outlot A, Crossroads of Chanhassen as shown on the attached survey prepared by Westwood
Professional Services, Inc. All voted in favor and the motion carried unanimously with a vote of 4
to 0.
Councilwoman Ernst moved, Councilwoman Tjornhom seconded that the City Council
approves the Planned Unit Development amendment in the attached ordinance for
Chanhassen Gateway clarifying building size as shown below (amendments are shown in
bold), and including the attached Findings of Fact and Recommendation:
CHANHASSEN GATEWAY
PUD DEVELOPMENT DESIGN STANDARDS
a. Intent
The purpose of this zone is to create a MIXED USE PUD including a Neighborhood Commercial,
office and Residential. The use of the PUD zone is to allow for more flexible design standards
while creating a higher quality and more sensitive development. Each structure proposed for
development shall proceed through site plan review based on the development standards outlined
below. The Neighborhood Business District regulations shall apply to Lots 1-3, Block 1 and
Outlot A, Crossroads of Chanhassen , except as modified by this ordinance. The R-16 District
, as revised
regulations shall apply to Outlot C, except as modified by this ordinance.Exhibit A
herein to reflect the changes to the commercial portion,
reflects the site layout and buildings
as referenced herein.
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Chanhassen City Council – March 26, 2012
b. Permitted Uses
The permitted uses in this zone should be limited to appropriate commercial and service uses
consistent with meeting the daily needs of the neighborhood. The uses shall be limited to
those as defined herein. If there is a question as to whether or not a use meets the definition,
the Community Development Director shall make that interpretation. The type of uses to be
provided on these lots shall be low intensity neighborhood oriented retail and service
establishments to meet daily needs of residents. Commercial and office uses shall be limited
to the area located south of Highway 212. Residential uses shall be located north of Highway
212 and along the western portion of the southern half.
Small to medium-sized restaurant-not to exceed 8,000 square feet per building (no drive-thru
windows except drive-thru windows are allowed for tenants whose primary use is the sale of
coffee. The drive-thru lane shall be screened and the exterior wall of the drive-thru shall
contain the same level of architectural detail as any other elevation visible by the public.
Banks with a drive-in service window
Office
Day care
Neighborhood scale commercial up to 8,000 square feet per tenant with the exception of
and building
building 4C. A tenant may occupy up to 10,000 square feet of said building
4G for a daycare to occupy 12,000 square feet
. No individual service component of a retail
building shall occupy more than 8,000 square feet of a building.
Convenience store with or without gas pumps and car wash.
Specialty retail (Book Store, Jewelry, Sporting Goods Sale/Rental, Retail Sales, Retail Shops,
Apparel Sales, etc.)
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Chanhassen City Council – March 26, 2012
Personal Services (an establishment or place of business primarily engaged in providing
individual services generally related to personal needs, such as a Tailor Shop, Shoe Repair,
Self-Service Laundry, Laundry Pick-up Station, Dry Cleaning, Dance Studios, etc).
Residential High Density (8-16 units per net acre). The total number of units for the entire
site may not exceed 150 units.
c. Building Area
Commercial/Office – Not to exceed 75,000 square feet for the entire development
Maximum Commercial/Office lot usage is a Floor Area Ratio of 0.3
Maximum office/commercial building area per tenant may not exceed 8,000 square feet
Maximum residential units may not exceed 150 units.
d. Prohibited Ancillary Uses
Drive-thru Windows except banks, coffee shops or pharmacies.
Outdoor storage and display of merchandise such as propane, salt, window washer fluid, etc.
except on the sidewalk surrounding the convenience store 4A. The outdoor display of
merchandise shall not impede nor interfere with pedestrian traffic.
e. Setbacks
The PUD ordinance requires setbacks from roadways and exterior property lines. The following
table displays those setbacks.
Building/ Parking
Boundary
Setbacks (feet)
Lyman Boulevard 20/20
Highway 101 North of Highway 312 50/50
Highway 101 South of Highway 312 20/20
Highway 312 50/50
Northerly Project Property Line 50/20
Westerly Project Property Line 50/20
Internal Project property lines 0/0
Internal Right-of-Way (Crossroads Boulevard) 20/20
Hard Surface Coverage-Residential 50 %
Commercial and Office Hard Surface Coverage 70 %
Maximum Commercial (Retail) Building/Structure Height 1 story
Maximum Office Building/Structure Height 2 stories
35 or 3 stories,
Maximum Residential Building/Structure Height
whichever is less
f. Non-Residential Building Materials and Design
There shall not be underdeveloped backsides of buildings. All elevations shall receive nearly
equal treatment and visual qualities. Buildings and site design shall comply with design
standards outlined in Article XXIII. General Supplemental Regulations, Division 7 of the Zoning
Ordinance.
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Chanhassen City Council – March 26, 2012
g. Residential Standards
Buildings and site design shall comply with design standards outlined in Article XXIII. General
Supplemental Regulations, Division 9 of the Zoning Ordinance.
1. All units shall have access onto an interior private street.
2. A design palette shall be approved for the entire project. The palette shall include colors for
siding, shakes, shutters, shingles, brick, stone, etc.
3. All foundation walls shall be screened by landscaping or retaining walls.
h. Site Landscaping and Screening
The intent of this section is to improve the appearance of vehicular use areas and property
abutting public rights-of-way; to require buffering between different land uses; and to protect,
preserve and promote the aesthetic appeal, character and value of the surrounding neighborhoods;
to promote public health and safety through the reduction of noise pollution, air pollution, visual
pollution and glare.
1. The landscaping standards shall provide for screening for visual impacts associated with a
given use, including but not limited to, truck loading areas, trash storage, parking lots, Large
unadorned building massing, etc.
2. Each lot for development shall submit a separate landscaping plan as a part of the site plan
review process.
3. All open spaces and non-parking lot surfaces, except for plaza areas, shall be landscaped,
rockscaped, or covered with plantings and/or lawn material. Tree wells shall be included in
pedestrian areas and plazas.
4. Undulating berms, north of Lyman Boulevard, north and south of Highway 312 and west of
Highway 101 shall be sodded or seeded at the conclusion of grading and utility construction. The
required buffer landscaping may be installed where it is deemed necessary to screen any
proposed development. All required boulevard landscaping shall be sodded.
5. Loading areas shall be screened from public right-of-ways. Wing walls may be required where
deemed appropriate.
6. Native species shall be incorporated into site landscaping, whenever possible.
i. Street Furnishings
Benches, kiosks, trash receptacles, planters and other street furnishings should be of
design and materials consistent with the character of the area. Wherever possible, street
furnishings should be consolidated to avoid visual clutter and facilitate pedestrian
movement.
j. Signage
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Chanhassen City Council – March 26, 2012
The intent of this section is to establish an effective means of communication in the development,
maintain and enhance the aesthetic environment and the business’s ability to attract sources of
economic development and growth, to improve pedestrian and traffic safety, to minimize the
possible adverse effect of signs on nearby public and private property, and to enable the fair and
consistent enforcement of these sign regulations. It is the intent of this section, to promote the
health, safety, general welfare, aesthetics, and image of the community by regulating signs that
are intended to communicate to the public, and to use signs which meet the city's goals:
a. Establish standards which permit businesses a reasonable and equitable opportunity to
advertise their name and service;
b. Preserve and promote civic beauty, and prohibit signs which detract from this objective
because of size, shape, height, location, condition, cluttering or illumination;
c. Ensure that signs do not create safety hazards;
d. Ensure that signs are designed, constructed, installed and maintained in a manner that does
not adversely impact public safety or unduly distract motorists;
e. Preserve and protect property values;
f. Ensure signs that are in proportion to the scale of, and are architecturally compatible with, the
principal structures;
g. Limit temporary commercial signs and advertising displays which provide an opportunity for
grand opening and occasional sales events while restricting signs which create continuous
visual clutter and hazards at public right-of-way intersections.
j.1. Project Identification Sign
One project identification sign for the commercial portion of the development located at the
entrance off of Highway 101. Project identification signs shall not exceed 80square feet in sign
display area nor be greater than eight feet in height. The sign shall be setback a minimum of 10
feet from the property line.
As an alternative, the project identification sign may be located at the southeast corner of Lot 2,
Block 1. If the sign is located in the right-of-way, an encroachment agreement must be obtained.
Otherwise, the sign must maintain a 10 foot setback from property lines and may not exceed 24
square feet nor be higher than 5 feet.
j.2. Monument Sign
One monument sign shall be permitted at the entrance to the development off of Lake Susan
Drive. One monument sign per lot shall be permitted for the commercial portion of the site. One
multi-tenant sign shall be permitted at the entrance into the development off of Highway 101 and
two signs off of Lyman Boulevard. These signs shall not exceed 24 square feet in sign display
area nor be greater than 5 feet in height except Kwik Trip, located on Lot 1, Block 1, shall be
permitted a 48 square-foot, 8-foot high monument sign. These signs must comply with all
ordinances pertaining to size and percent of sign area dedicated to gas prices as well as any other
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Chanhassen City Council – March 26, 2012
applicable regulations.These signs shall be set back a minimum of 10 feet from the property
line.
j.3. Wall Signs
a. The location of letters and logos shall be restricted to the approved building sign bands, the
tops of which shall not extend above parapet height. The letters and logos shall be restricted to
a maximum of 30 inches in height. All individual letters and logos comprising each sign shall be
constructed of wood, metal, ortranslucent facing.
b. Second story illuminated signs that can be viewed from neighborhoods outside the PUD site,
are prohibited.
c. Tenant signage shall consist of store identification only. Copy is restricted to the tenant’s
proper name and major product or service offered. Corporate logos, emblems and similar
identifying devices are permitted provided they are confined within the signage band and do
not occupy more than 15% of the sign area unless the logo is the sign.
d. Wall signs are limited to two elevations per building.
j.4. Festive Flags/Banners
a. Flags and banners shall be permitted on approved standards attached to the building facade
and on standards attached to pedestrian area lighting.
b. Flags and banners shall be constructed of fabric or vinyl.
c. Banners shall not contain advertising for individual users, businesses, services, or products.
d. Flags and banners shall project from buildings a maximum of two feet.
e. Flags and banners shall have a maximum area of 10 square feet.
f. Flags and banners which are torn or excessively worn shall be removed at the request of the
city.
j.5. Building Directory
a. In multi-tenant buildings, one building directory sign may be permitted. The directory sign
shall not exceed eight square feet.
j.6 Directional Signs
a. On-premises signs shall not be larger than four (4) square feet. The maximum height of the
sign shall not exceed five (5) feet from the ground. The placement of directional signs on the
property shall be so located such that the sign does not adversely affect adjacent properties
(including site lines or confusion of adjoining ingress or egress) or the general appearance of
the site from public rights-of-way. No more than four (4) signs shall be allowed per lot. The
city council may allow additional signs in situations where access is confusing or traffic
safety could be jeopardized.
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Chanhassen City Council – March 26, 2012
b. Off-premises signs shall be allowed only in situations where access is confusing and traffic
safety could be jeopardized or traffic could be inappropriately routed through residential
streets. The size of the sign shall be no larger than what is needed to effectively view the sign
from the roadway and shall be approved by the city council.
c. Bench signs are prohibited except at transit stops as authorized by the local transit authority.
d. Signs and Graphics. Wherever possible, traffic control, directional and other public signs
should be consolidated and grouped with other street fixtures and furnishings to reduce visual
clutter and to facilitate vehicular and pedestrian movement. A system of directional signs
should also be established to direct traffic within the commercial area and away from
residential areas.
j.7.Prohibited Signs
Pylon signs are prohibited.
Back lit awnings are prohibited.
Window Signs are prohibited except for company logo/symbol and not the name. Such logo
shall not exceed 10% of a window area.
Menu Signs are prohibited.
j.8. Sign Design and Permit Requirements
a. The sign treatment is an element of the architecture and thus should reflect the quality of the
development. The signs should be consistent in color, size, and material and height
throughout the development. A common theme will be introduced at the development's
entrance monument and will be used throughout.
b. All signs require a separate sign permit.
c. Wall business signs shall comply with the city’s sign ordinance for the Neighborhood
business district for determination of maximum sign area. Wall signs may be permitted on
the “street” front and primary parking lot front of each building.
k. Lighting
1. Lighting for the interior of the development shall be consistent throughout the development. High
pressure sodium vapor lamps or LEDwith decorative natural colored pole shall be used throughout
the development parking lot area for lighting. Decorative, pedestrian scale lighting shall be used in
plaza and sidewalk areas and may be used in parking lot areas.Parking lot light poles may not
exceed 25 feet in height.
2. Light fixtures in areas other than parking lots should be kept to a pedestrian scale (12
to 18 feet). Street light fixtures should accommodate vertical banners for use in
identifying the commercial area.
3. All light fixtures shall be shielded. Light level for site lighting shall be no more than
½ foot candle at the project perimeter property line. This does not apply to street
lighting.
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Chanhassen City Council – March 26, 2012
4. Lighting for parking areas shall minimize the use of lights on pole standards in the parking area.
Rather, emphasis should be placed on building lights and poles located in close proximity to
buildings.
l. Non-Residential Parking
1. Parking shall be provided based on the shared use of parking areas whenever possible. Cross
access easements and the joint use of parking facilities shall be protected by a recorded
instrument acceptable to the city.
2. The development shall be treated as an integrated shopping center and provide a minimum of
one space per 200 square feet of commercial/retail area. The office/personal service
component shall be treated as an integrated office building and provide 4.5 space per 1,000
square feet for the first 49,999 square feet, four per thousand square feet for the second
50,000 square feet, and 3.5 per thousand square feet thereafter.
m.
Residential Parking shall comply with city code requirements.”
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
Resolution #2012-20: Councilwoman Ernst moved, Councilwoman Tjornhom seconded that the
City Council approves the preliminary and final plat for Planning Case 12-02 for Crossroads of
nd
Chanhassen 2 Addition as shown in plans dated received February 3, 2012, and including the
attached Findings of Fact and Recommendation, subject to the following conditions:
1. Full park fees in lieu of parkland dedication shall be collected in full at the rate in force upon final plat
submission and approval.
2.Collector and Arterial Roadway Traffic Impact Zone fees will be collected with the final plat.
The fee will be based on the commercial rate of $3,600 per acre. Total due will be
$3,600/acre x 1.76 acres = $6,336.00.
3.All outstanding assessments must be paid prior to final plat. Remaining Trunk Highway
101/Lyman Boulevard assessments are approximately $3,004.
4. Storm water connection fees will be collected with the final plat. The fees are calculated based upon
an area of 1.76 acres as indicated in the Site Plan. Water quality fees were calculated to be 1.76 acres
multiplied by $19,730.00/acre. This is equal to $34,724.80. Water quantity fees were calculated to
be 1.76 acres multiplied by $7,650.00/acre. This is equal to $13,464.00. A credit is applied to the
water quality fee based upon the total acreage treated to NURP recommendations and any skimmer
type structures installed. As the entire lot is to be treated in the NURP basin north of the site the
credit is 1.76 acres multiplied by one-half of the Water Quality fee, or 1.76 acres multiplied by
$9,865.00/acre. This is a credit of $17,362.40. Based upon these calculations, $30,826.40 is due at
the time the final plat is recorded.
5.The City sidewalk is located on the property of this proposed development. This sidewalk
will need to be covered by an easement for access and maintenance by the City.
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Chanhassen City Council – March 26, 2012
6.All of the utility improvements are required to be constructed in accordance with the City's
latest edition of Standard Specifications and Detail Plates. The applicant is also required to
enter into a site plan agreement with the City and supply the necessary financial security in
the form of a letter of credit or cash escrow to guarantee installation of the improvements and
the conditions of final plat approval. Permits from the appropriate regulatory agencies will
be required, including the MPCA, Carver County, and MnDOT.
7.The proposed storm sewer, draintile, and service connections within the property are private
and must be maintained by the owner.
8.Revise the storm water calculations/plans so that they correlate. Runoff rates must be less
than or equal to the rates approved with the Crossroads of Chanhassen subdivision. Provide
explanation of volume calculations of ponding in turf area. Show size of areas on drainage
maps.”
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
Councilwoman Ernst moved, Councilwoman Tjornhom seconded that the City Council approves
the site plan consisting of a 12,000 square-foot daycare (Building 4G), Planning Case 12-02 for
Primrose School of Chanhassen as shown in plans dated received February 3, 2012, and including
the attached Findings of Fact and Recommendation, subject to the following conditions:
1. All existing boulevard trees along the east property line must be protected during construction or
replaced after construction. They shall be incorporated into the landscape plan.
2. Due to existing soil conditions that are mostly clay with an alkaline tendency, staff recommends
that the red maple selection be changed to a sugar or freeman maple variety in order to insure
long-term survivability.
3.Revise the storm water calculations/plans so that they correlate. Runoff rates must be
less than or equal to the rates approved with the Crossroads of Chanhassen subdivision.
Provide explanation of volume calculations of ponding in turf area. Show size of areas
on drainage maps.
4.A permit is required from the appropriate agency for any offsite grading. Currently the
plans show grading in the county right of way which would require a permit from Carver
County.
5.If importing or exporting material for development of the site is necessary, the applicant
will be required to supply the City with detailed haul routes.
6.A fence shall be installed above the proposed retaining wall in any area where the vertical
separation exceeds 4’ in height.
7.Building permits are required for all retaining walls four feet tall or higher and must be
designed by a Structural Engineer registered in the State of Minnesota.
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Chanhassen City Council – March 26, 2012
8.The additional sanitary sewer service which is not being utilized must be sealed at the
mainline.
9.The proposed storm sewer, draintile, and service connections within the property are
private and must be maintained by the owner.
10.Each new building is subject to sanitary sewer and water hookup charges. The 2012
trunk hookup charge is $2,107 for sanitary sewer and $5,717 for watermain. Sanitary
sewer and watermain hookup fees may be specially assessed against the parcel at the time
of building permit issuance. All of these charges are based on the number of SAC units
assigned by the Met Council and are due at the time of building permit issuance.
11.A Stormwater Pollution Prevention Plan must be submitted to the City for review and
approval.
12. Silt fence shall be standard machine sliced or heavy duty per Section 3886 of MnDOT Standards
and Specification Manual for Construction in all areas with a positive gradient towards waters of
the state. Chanhassen standard detail plates shall be included in the construction details of the
plan set. These will include, at a minimum, Plate No. 3107, 5300, 5301, 5302 and 5302A.
13. Sheet C5.01 B shall include the specifics of stabilization for the disturbed areas adjacent to the
pond including the pipe, inlet, outlet and ingress and egress. MnDOT seed mix 100 or 110 are
unacceptable as permanent cover crops and must be changed to a seed mix more appropriate to
duration and site conditions. Further, MnDOT and BWSR have compiled new seed mixtures and
these shall be consulted.
14. The X-Grass areas are considered impervious and should be calculated as such. The table on
Sheet No. C5.01 B shall be revised to indicate this. The line item POST-CONSTRUCTION
IMPERVIOUS shall read 1.28 AC±. This is the number that shall be used to calculate total
hardcover on the entire Crossroads of Chanhassen PUD development.
15. Encroachment agreements are needed for any structure located in the drainage and utility
easements. This includes but is not limited to the entrance monument, light poles, playground
equipment, artificial turf, and fence, located in drainage and utility easements.
16.Upon completion, the applicant shall submit a set of “as-built” plans signed by a
professional engineer.
17.All of the maintenance for landscaping, and irrigation within the City right of way must
be maintained by the developer.
18.The applicant shall work with staff on minor plan modifications.
19. A wetland buffer 16.5 feet in width and a 30-foot setback from the wetland buffer must be
maintained around Wetland 1. Secondary structures are allowed to encroach up to 50% of the
setback. 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, before construction begins and must pay the City $20 per sign.
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Chanhassen City Council – March 26, 2012
20. Fire Marshal Conditions:
a. “No parking, fire lane” signs will be required along with yellow painted curbing. Contact
Chanhassen Fire Marshal for details.
21. Building Official Conditions:
a. The building(s) are required to have automatic fire extinguishing systems.
b. Building plans must be prepared and signed by design professionals licensed in the State of
Minnesota.
c. Retaining walls over four feet high must be designed by a professional engineer and a permit
must be obtained prior to construction.
d. Fenced “play” areas must be provided with approved exiting systems.
e. Detailed occupancy and accessibility related requirements will be addressed when complete
building plans are submitted.
f. The owner and/or their representative shall meet with the Inspections Division as soon as possible
to discuss plan review and permit procedures.
22. All rooftop and ground equipment must be screened from views.
23. Approval of the site plan applications is contingent upon approval of the final plat and the PUD
amendment – Planning Case 2012-01.
24. The monument sign may not exceed 24 square feet in area nor be higher than 5 feet. The sign shall
be located 10 feet from the property line.
25. Sign illumination and design shall comply with ordinance.
26. Approval of the site plan is contingent upon vacation of drainage and utility easement.
27. The fence may not exceed six and one-half feet in height.
28. The exterior material for the trash enclosure must be of the same exterior material as the building.
Recycling space and other solid waste collection space should be contained within the same
enclosure.
29. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil
areas shall have temporary erosion protection or permanent cover year round, according to the
following table of slopes and time frames:
Type of Slope Time (Maximum time an area can
Steeper than 3:1 7 days remain open when the area
10:1 to 3:1 14 days is not actively being worked.)
Flatter than 10:1 21 days
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Chanhassen City Council – March 26, 2012
These areas include constructed storm water management pond side slopes, and any exposed soil
areas with a positive slope to a storm water conveyance system, such as a curb and gutter system,
storm sewer inlet, temporary or permanent drainage ditch or other natural or manmade systems that
discharge to a surface water.”
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
APPOINTMENTS TO PLANNING, PARK AND RECREATION AND SENIOR COMMISSIONS.
Mayor Furlong: Over the last several meetings and again this evening the City Council’s had the pleasure
of interviewing a number of citizens who have expressed interest in serving on our 4 city commissions.
These commissions are made up of volunteers. Citizen volunteers who give of their time and talent to
serve all of us and as a representative of the council we all appreciate their service. The four commissions
that serve the City Council are the Planning Commission, Park and Rec, Senior Commission and
Environmental Commission. Because of some scheduling issues we have not completed our interviews
for the Environmental Commission candidates at this point. We will complete those at our next meeting,
our first meeting in April and likely will make appointments there for the Environmental Commission at
that time. But this evening we’d like to make appointments to the other 3 commissions and I’ll start off
by making the comments that these are always challenging decisions because we often have more people,
qualified people for the positions than we have positions available and so regardless of the outcome here
for the people involved I want to express my sincere thanks, and I know I’m speaking for the council, for
their interest in being involved and for their desire to serve all of us. With regard to the open
commissions, for the Planning Commission we have 3 positions that are available. Open. Two of the
commissions, or two of the positions are for 3 year terms and one is for a 1 year term to fill the vacancy of
an outgoing commission member. Also for the park and rec commission we have two 3 year positions
that are available, or vacant beginning next month and on the Senior Commission we will have three 3
year positions. I would propose to council and I will place a recommendation the following individuals
for the respective commissions and terms. For the Planning Commission would nominate Lisa Hokkanen
and Kelsey Nelson for 3 year terms each and Bill Colopoulos, excuse me Bill, for a one year term. For
the Park and Rec Commission we propose to appoint Elise Ryan for the 3 year term and for the Senior
Commission we would nominate Barbara Nelson, Dorina Tripton and.
Todd Gerhardt: Nevin.
Councilman Laufenburger: Barbara Nevin.
Mayor Furlong: I’m sorry, Barbara Nevin. Did I say Nelson? I apologize. Thank you for correcting me.
Barbara Nevin, Dorina Tripton and Camille Swanson for each for a 3 year term on the Senior
Commission. That would be the nomination. I would ask for a second.
Councilman Laufenburger: Second.
Mayor Furlong: Motion’s been seconded. Nominations have been seconded. Any discussion on any of
the process or the nominees.
Councilman Laufenburger: Mr. Mayor?
Mayor Furlong: Mr. Laufenburger.
Councilman Laufenburger: Yeah, it’s always a joy for me to meet the people who are interested in
serving the community. I’m especially proud that there are 5 new folks that are going to be serving on
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Chanhassen City Council – March 26, 2012
these three respective commissions. I think that it’s just a great opportunity for people who are interested
in getting involved in the process of seeing the City run on a day to day basis and get involved in perhaps
changing where they’d like to see some changes and we’re always ready for new ideas so I commend
those new folks, as well as thank those who continue to serve so.
Mayor Furlong: Thank you. Any other comments or discussion? If not, the nominations have been
made and seconded. If there’s no further discussion we’ll proceed with the vote.
Mayor Furlong moved, Councilman Laufenburger seconded to make the following appointments to
the Planning Commission: Lisa Hokkanen and Kelsey Nelson for 3 year terms each and Bill
Colopoulos for a 1 year term; Park and Recreation Commission: Elise Ryan for a 3 year term; and
Senior Commission: Barbara Nevin, Dorina Tripton and Camille Swanson each for a 3 year term.
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
Mayor Furlong: Thank you and again thank you to everybody involved in the process and participating.
COUNCIL PRESENTATIONS:
None.
ADMINISTRATIVE PRESENTATIONS:
Todd Gerhardt: Just two items Mayor, council members. In the correspondence packet we had
discussions at our last council meeting, if Riley-Purgatory-Bluff Creek Watershed District was going to
participate in the Lake Susan shoreline improvement project. Included in the correspondence packet is a
letter from the watershed district making that commitment to the $36,231. And the second item again
was Riley-Purgatory-Bluff Creek and their willingness to donate or contribute money towards the
inspection program for zebra mussels. They have allocated $50,000 towards that. $25,000 to Eden
Prairie and $25,000 to the City of Chanhassen. Right now the total contributions for our inspection
program is $42,750 and that’s the $10,000 from the City and $7,750 from the DNR’s grant application
that we were successful in receiving. That’s all I had.
Mayor Furlong: Thank you. Any questions for Mr. Gerhardt? Seeing none we’ll proceed.
CORRESPONDENCE DISCUSSION:
Mayor Furlong: I would like to point out and say thank you to Mr. Bob Lindall for his letter of support
regarding the, to the, it’s a letter that’s in our correspondence packet to Commissioner Tom Sorel
regarding the support of the Southwest Corridor Transportation Coalition for the upgrade and expansion
of the 101 river crossing. We appreciate their support and that is, that’s a project as we’re all aware
that’s very important. We have the Governor’s support on that. I know that MnDOT is working to obtain
funding. There’s also been some legislation introduced to try to complete the funding that’s needed there
so I want to just express our thanks publicly to Mr. Lindall and the Coalition for that letter of support. I’d
also would like to go back and I’ll take just a moment here to express our thanks and appreciation to the
number of businesses that contributed to our Park and Rec, our annual park and recreation proposal. We
accepted their, the sponsorship donations. We accepted them this evening as a part of our consent agenda
but I don’t think it’d be appropriate to just accept and let it go on. That’s more a matter of formality. I
think really I just wanted to verbalize, I know I speak for the rest of the council, to thank all the
businesses that are on that list and the other businesses that may not be on that list but are already
contributing, either in the form of money or other goods and services, to all that they do to make our
events throughout the year such a success so I just wanted to express our thanks and appreciation to them,
for their continued support of that program. If there are no other items to come before the council, the
council will be meeting in a closed executive session with the city attorney to discuss pending litigation
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Chanhassen City Council – March 26, 2012
involving Steve Gunther, Steve Jenks, et al versus the Minnesota Department of Natural Resources and
the City of Chanhassen filed in Carver County District Court immediately following this meeting.
Adjournment of this meeting so that will be in executive session closed to the public. If there’s nothing
else to come before the council this evening, is there a motion to adjourn?
Councilwoman Ernst moved, Councilwoman Tjornhom seconded to adjourn the meeting. All voted
in favor and the motion carried unanimously with a vote of 4 to 0. The City Council meeting was
adjourned at 8:15 p.m.
Submitted by Todd Gerhardt
City Manager
Prepared by Nann Opheim
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