CC SUM 2012 10 22
CHANHASSEN CITY COUNCIL
REGULAR MEETING
SUMMARY MINUTES
OCTOBER 22, 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, Councilman McDonald, Councilwoman
Tjornhom, Councilwoman Ernst, and Councilman Laufenburger
STAFF PRESENT:
Todd Gerhardt, Laurie Hokkanen, Paul Oehme, Kate Aanenson, Todd
Hoffman, Roger Knutson, and Greg Sticha
PUBLIC PRESENT:
Steve Donen 7341 Frontier Trail
Sara Harvey 6281 Teton Lane
Jerry & Karon Story 6281 Teton Lane
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Gary & Jan Reed 2461 West 64 Street
Laurie Susla 7008 Dakota Avenue
Dave & Will Van Sant 4175 Lakeridge Road
Ben Gowen 6440 Hazeltine
Chris May 6400 Teton Lane
Scott Lucas, Olson and Lucas Law Firm 7401 Metro Boulevard, Suite 575, Edina
Marcus Zbinden 6460 Bretton Way
Sue Kuntz 6441 Bretton Way
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PUBLIC ANNOUNCEMENTS:
Mayor Furlong invited the public to attend the 28 Annual
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Halloween Party on Saturday, October 27 and declared November 10 as Beyond the Yellow
Ribbon Day in Chanhassen with the following proclamation.
Resolution #2012-54: Mayor Furlong moved, Councilman Laufenburger seconded to
adopt the resolution proclaiming Saturday, November 10, 2012 as Beyond the Yellow
Ribbon Day in the city of Chanhassen. All voted in favor and the motion carried
unanimously with a vote of 5 to 0.
Councilman McDonald 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 October 8, 2012
-City Council Verbatim and Summary Minutes dated October 8, 2012
Receive Commission Minutes:
-Planning Commission Verbatim and Summary Minutes dated October 2, 2012
City Council Summary – October 22, 2012
-Park and Recreation Commission Verbatim and Summary Minutes dated September 25,
2012
Resolution #2012-55:
b. Approve Crosswalk Agreement and No Parking Resolution for
Park Road.
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c. Lakeside 7 Addition, Planning Case 2012-11:
1. Final Plat Approval.
2. Approve Revised Development Contract and Plans & Specifications.
Resolution #2012-56:
d. Approve Transfer of Reserve Funds to the Revolving Assessment
Construction Fund.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
VISITOR PRESENTATIONS.
Steve Donen, 7341 Frontier Trail emphasized the importance
of the boat inspection program for invasive species after a boat was found to have zebra mussels
launching into Lotus Lake and asked that the Lotus Lake Conservation Alliance be involved in
setting city policy regarding the AIS inspection program for 2013.
AWARD OF BID: CONSIDER AWARD OF $1.2 MILLION GENERAL OBLIGATION
WATER REVENUE BONDS.
Greg Sticha provided background information on the reason for these bonds. Mark Ruff with
Ehlers and Associates highlighted information in the AAA rating report issued by Standard and
Poors and discussed the results of the bond sale. Councilman Laufenburger asked Mark Ruff to
explain the benefits of having a AAA bond rating.
Resolution #2012-57: Councilwoman Ernst moved, Councilman McDonald seconded that
the City Council award the bid for the General Obligation Water Revenue Bonds, Series
2012A to UMB Bank in Kansas City, Missouri. All voted in favor and the motion carried
unanimously with a vote of 5 to 0.
LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE.
Lt. Jeff Enevold provided updates on two daytime burglaries that occurred in the Foxford and
Deerbrook neighborhoods and safety tips for Halloween. Mayor Furlong asked for clarification
of curfew times. Assistant Chief Rick Rice provided the monthly update from the fire
department on calls for service numbers, training, and the fire department open house.
BEEHIVE HOMES, 6330 HAZELTINE BOULEVARD, APPLICANT: TYLER AND
KATHRYN STEVENS/PROPERTY OWNER, ROR, INC.:
A. CONSIDER CITY CODE AMENDMENTS TO CHAPTER 1, DEFINITION OF
CONTINUING CARE RETIREMENT FACILITY; CHAPTER 4, FEES; AND
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City Council Summary – October 22, 2012
CHAPTER 20, AMENDING THE R-8 MIXED MEDIUM DENSITY
RESIDENTIAL DISTRICT.
B. CONSIDER APPROVAL OF SITE PLAN FOR THE CONSTRUCTION OF A
CONTINUING CARE RETIREMENT FACILITY; REZONING FROM SINGLE
FAMILY RESIDENTIAL DISTRICT (RSF) TO MIXED MEDIUM DENSITY
RESIDENTIAL DISTRICT (R-8); PRELIMINARY AND FINAL PLAT
APPROVAL FOR THE CONSTRUCTCION OF A SENIOR CARE FACILITY.
C. PUBLIC HEARING TO CONSIDER VACATION OF PART OF A DRAINAGE
AND UTILITY EASEMENT. (DELETED).
D. CONSIDER APPROVAL OF DEVELOPMENT CONTRACT.
Kate Aanenson presented the staff report on the code amendments, definitions and fees. Mayor
Furlong asked about these type of facilities in other communities, and age requirement standards.
Councilwoman Ernst moved, Councilman McDonald seconded that the City Council
approve the amendment to Chapter 1, Definitions; Chapter 20, Section 20-652 Permitted
Use; and Chapter 20, Articles XXIII, Division 2, Standards; and Chapter 18, Fees as stated
in the staff report with the adoption of summary ordinance. All voted in favor and the
motion carried unanimously with a vote of 5 to 0.
Kate Aanenson continued with her presentation of the site plan, rezoning, preliminary plat, final
plat, and development contract. Mayor Furlong asked for clarification of the stormwater runoff
plans. Councilman Laufenburger asked for clarification of the proposed revisions. The
applicant, Tyler Stevens 6505 Fox Hollow Court, Chanhassen and representing BeeHive Homes,
outlined his request for building this type of facility. After comments from council members the
following motions were made.
Councilwoman Tjornhom moved, Councilman McDonald seconded that the City Council
approves Planning Case #2012-15 to rezone 2.16 acres of property zoned RSF, Single Family
Residential District to R-8, Mixed Medium-Density Residential District for BeeHive Home
Subdivision contingent upon final plat approval, as shown in plans dated received October 9,
2012 and adoption of the Findings
, based on the revised plans dated received October 22, 2012
of Fact. All voted in favor and the motion carried unanimously with a vote of 5 to 0.
Councilwoman Tjornhom moved, Councilman McDonald seconded that the City Council
approves the preliminary and final plat for Planning Case 2012-15 for BeeHive Home as
shown in plans dated received October 9, 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.
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City Council Summary – October 22, 2012
2.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 development contract 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. The applicant must be aware that all public utility
improvements will require a preconstruction meeting before building permit issuance.
Permits from the appropriate regulatory agencies will be required, including the MPCA,
Dept. of Health, Carver County, Watershed District and MnDOT.
3.The developer must work with the City to properly locate the easements over the utilities and
over the treatment pond.
4.Storm water connection fees will be collected with the final plat. The fees are estimated to
be $15,735.60.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
Councilwoman Tjornhom moved, Councilman McDonald seconded that the City Council
approve the site plan consisting of a 15,681 square-foot continuing care retirement facility,
Planning Case 12-15 for BeeHive Homes as shown in plans dated received October 9, 2012,
based on the revised plans dated received October 22, 2012 and including the attached
Findings of Fact and Recommendation, subject to the following conditions:
1.Install tree protection fencing around the preserved oak at least 30 feet from the trunk. The
fencing shall be installed prior to any construction activity and remain until site construction
is completed. Wood chip mulch shall be applied within the fenced area to a depth of 4-6
inches.
2.One spruce shall be added to the plantings along the west property line. The tree should be
located behind the proposed group of five lilacs.
3.Building Official Conditions:
a.The proposed structure is required to have an automatic fire extinguishing system.
b.All plans must be prepared and signed by design professionals licensed in the State of
Minnesota. A geotechnical (soil evaluation) report is required.
c.Designs\plans for retaining wall(s) exceeding four feet in height must be prepared and
signed by a structural engineer.
d.Detailed building code related requirements have not been reviewed; this will take place
when complete structural/architectural plans are submitted.
e.Demolition Permit(s) are required for the removal of any existing structures on the site.
f.The owner and/or their representative shall meet with the Inspections Division as soon as
possible to discuss plan review and permit procedures.
4.All rooftop and ground equipment must be screened from views.
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City Council Summary – October 22, 2012
5.Approval of the site plan applications is contingent upon approval of the final plat, rezoning,
and the City Code amendment – Planning Case 2012-15.
6.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. A sign permit is required before
construction of the sign.
7.Sign illumination and design shall comply with ordinance.
8.Recycling space and other solid waste collection space should be contained within the same
enclosure as the trash.
9.The existing buildings must be removed prior to grading. Demolition of structures must
comply with National Emission Standards of Hazardous Air Pollutants, Minnesota Rules
7035.0805 and any other pertinent rules, regulations and laws.
10.The developer will be responsible for all the costs associated with rerouting the storm water.
The City will own and maintain the proposed storm sewer upon acceptance by the City. The
developer must model the drainage area discharging to the 36-inch storm sewer to determine
the proper sizing of the storm sewer through the site.
11.A permit is required for any work within the MnDOT right-of-way.
12.The NURP calculations and or drainage area map must be revised to correlate to the plans.
13.The roof drainage from the rear of the building needs to be collected and piped to prevent
storm water from discharging to the properties to the west.
14.Drainage maps and hydrocad calculations were provided for this site. The maps do not show
the correct drainage boundaries. The maps and calculations must be revised to meet City
standards.
15.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.
16.The applicant shall work with staff on the proposed location of the new lines. The sewer and
water lines located between the existing lines and the property to the south will be city owned
and maintained. The lines connecting to the buildings will be private. Drainage and utility
easements will be required on the public portion of the sewer and water lines. Permits are
required from the Department of Health and MPCA for the sewer and water extension.
17.Each new building is subject to sanitary sewer and water hookup charges. The 2012 trunk
hookup charge is $2,107 per unit for sanitary sewer and $5,717 per unit 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.
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City Council Summary – October 22, 2012
18.The utilities will need plan and profile sheets of all public utilities. The public portion of
these utilities will be inspected by an engineering inspector. Upon completion, as-builts must
be completed to ensure that the utilities meet the specifications of the City.
19.Existing easements are shown in the location of the proposed building
20.The developer must post a letter of credit or cash escrow ensuring the future connection to
the property south of this development. This connection must occur within one year of the
completion of the first lift of asphalt. Upon completion of the new access point, the BeeHive
Home property must remove the right-in/right-out access. The City will hold the letter of
credit or cash escrow until the BeeHive Home property connects to the future access point
and removes their current right-in/right-out.
21.The applicant shall provide the NPDES Permit number prior to commencement of earth-
disturbing activities.
22.The SWPPP shall be amended such that under Project Contacts, the City contact is Terry
Jeffery, Water Resources Coordinator 952.227.1168 and Chip Hentges, Carver County
SWCD, 952.466.5230 shall be added.
23.That portion of the SWPPP with the heading “Responsibility Requirements” shall be
completed in full and submitted to the City and included in the on-site SWPPP at the pre-
construction meeting or otherwise prior to the commencement of earth-disturbing activities.
24.Per Part III. A. 3 of the NPDES permit, a narrative describing the timing and placement of all
erosion prevention and sediment control BMPs must be included in the SWPPP.
25.Those areas to be protected from grading, construction traffic, material stockpiling or other
disturbance shall be clearly labeled on the plans and adequate protection in the form of
fencing with metal T-posts shall be shown on the plans and installed prior to any earth-
disturbing activities. This shall be included as part of the SWPPP.
26.Category 3 erosion control blanket is only required where slopes exceed 3:1. All blankets
shall use natural netting and stitching. Hydraulic soil stabilization would be a preferred
alternative.
27.Erosion stabilization mat shall be placed at the outfall in the intermittent channel. This shall
be classed by shear stress within the channel as described in MnDOT Specification Manual
3888.1.
28.All silt fences shall be standard machine sliced or heavy duty. In no case may preassembled
silt fence be used without approval from the city. This shall be indicated on the plan and in
the legend.
29.The legend shall be included on sheet C6: Erosion and Sediment Control Plan in addition to
sheet C1.
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City Council Summary – October 22, 2012
30.The rock construction entrance shall be consistent with section 19-145 in that it must be at
least 75 feet in length unless it can be shown that it is not possible to do so.
31.The swale located southeast of the proposed building shall be stabilized in its entirety.
32.The SWPPP must identify the receiving waters for this project.
33.All City standard detail plates shall be edited so that they are legible.
34.The applicant must receive approval from the United States Army Corps of Engineers prior
to working within the existing intermittent channel and provide proof of approval to the City.
35.Any dewatering needed shall have a plan which shall be included with the SWPPP. This
plan shall be provided to the City and the City shall be notified at least 48 hours prior to
commencement of dewatering activities.
36.Stockpile areas shall be shown on the plan and shall include the anticipated sediment control
practices which will be implemented. These additional quantities shall be added to quantities
currently in the plan.
37.Encroachment agreements are needed for any structure located in the drainage and utility
easements. This includes but is not limited to the parking lot and light poles located in
drainage and utility easements.
38.The applicant shall work with staff on minor plan modifications.
39.The trash enclosure shall utilize the same exterior materials as the proposed building.
Recycling space and other solid waste collection space should be contained within the same
enclosure.”
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
Councilwoman Tjornhom moved, Councilman McDonald seconded that the City Council
approves the construction plans and specifications dated August 3, 2012, prepared by
James R. Hill, Inc. and the development contract dated October 22, 2012 be approved
conditioned upon the following:
1.The applicant shall enter into the development contract and supply the City with a cash
escrow or letter of credit for $183,790.29 and pay a cash fee of $33,024.00.
2.The applicant's engineer shall work with City staff in revising the construction plans to meet
City standards.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
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City Council Summary – October 22, 2012
PUBLIC HEARING TO CONSIDER CERTIFICATION OF DELINQUENT UTILITY
ACCOUNTS AND CODE ENFORCEMENT VIOLATIONS.
Greg Sticha presented the staff report on this item. Council members discussed Councilman
Laufenburger’s suggestion to include property owners name along with the PID number. Mayor
Furlong opened the public hearing. No one spoke and the public hearing was closed.
Resolution #2012-58: Councilman McDonald moved, Councilwoman Ernst seconded to
adopt the resolution certifying delinquent utility accounts to the County Auditor. All voted
in favor and the motion carried unanimously with a vote of 5 to 0.
Resolution #2012-59: Councilman McDonald moved, Councilman Laufenburger seconded
to adopt the resolution certifying delinquent code enforcement accounts to the County
Auditor.All voted in favor and the motion carried unanimously with a vote of 5 to 0.
REQUEST TO APPEAL AN ADMINISTRATIVE DECISION AND TO REPLACE
SOME NON-CONFORMING USES WITH OTHERS ON PROPERTY ZONED SINGLE
FAMILY RESIDENTIAL (RSF); TRACT C, RLS 105 AND OUTLOTS C & D, CURRY
ND
FARMS 2 ADDITION; 6400 BRETTON WAY; APPLICANT/OWNER: NAOMI
CARLSON.
Kate Aanenson presented the staff report and Planning Commission update on this item.
Councilman McDonald asked for clarification of access in and out of the property. Councilman
Laufenburger asked for clarification on the age and size of the property. Councilwoman
Tjornhom asked for examples of permitted uses. Councilman McDonald asked about a baseline
to judge the intensification of non-conforming use. Mayor Furlong invited the applicant to
speak. Naomi Carlson, 5955 Cathcart Drive, Excelsior, Minnesota provided background
information on the uses in the building and asked that the council allow Greenscapes to continue
to use the property for the next 3 to 5 years. Councilman Laufenburger asked Mrs. Carlson for
clarification of the uses in all the buildings on the property. Mayor Furlong asked about the
legality of Mrs. Carlson request to allow Greenscapes to stay on the property for 3 to 5 years.
Sara Harvey, representing the Story’s at 6281 Teton Lane, clarified that the private drive to the
building is too steep to drive on and the level of traffic coming and going from this site. She
requested that the City Council affirm the Board of Appeals and Adjustment’s determination that
Greenscapes Lawn Care is an intensification of the non-conforming use, ask that they vacate the
property, and concern that the disrepair and structural integrity of the buildings on the property
could pose a threat to public safety. Marcus Zbinden, 6460 Bretton Way agreed with the
comments made by Ms. Harvey. After comments from council members the following motions
were made.
Councilman McDonald moved, Councilwoman Ernst seconded that the City Council
affirms the Board of Appeals and Adjustment’s determination relating to Greenscapes
Lawn Care and direct staff to prepare Findings of Fact to bring back at the next City
Council meeting. All voted in favor and the motion carried unanimously with a vote of 5 to
0.
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City Council Summary – October 22, 2012
Councilman McDonald moved, Councilwoman Ernst seconded that the City Council tables
a determination that K2 Electrical Services, Lake Country Builders, Custom Charters,
Bemm Restoration and Andrew Clark are not uses in the public interest and direct staff to
prepare Findings of Fact to make a determination in the future. All voted in favor and the
motion carried unanimously with a vote of 5 to 0.
COUNCIL PRESENTATIONS.
Councilman McDonald reported on the fire department open
house and Mayor Furlong clarified that the Beyond the Yellow Ribbon service members
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appreciation breakfast on November 10 is open to the public.
ADMINISTRATIVE PRESENTATIONS.
Todd Gerhardt explained that because the City
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recognizes Veteran’s Day on Monday, November 12, the City Council meeting will be held on
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Tuesday, November 13. and congratulated Office Manager Karen Engelhardt in celebrating 40
years of working for the City of Chanhassen.
CORRESPONDENCE DISCUSSION.
None.
Councilwoman Tjornhom moved, Councilman McDonald seconded to adjourn the
meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The
City Council meeting was adjourned.
Submitted by Todd Gerhardt
City Manager
Prepared by Nann Opheim
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