SUM 2003 10 27CHANHASSEN CITY COUNCIL
REGULAR MEETING
SUMMARY MINUTES
OCTOBER 27, 2003
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 Labatt, Councilman Ayotte,
Councilman Lundquist and Councilman Peterson
STAFF PRESENT: Todd Gerhardt, Roger Knutson, Justin Miller, Matt Saam, Todd Hoffman,
Sharmeen Al-Jaff, Bob Generous and Bruce DeJong
PUBLIC PRESENT FOR ALL ITEMS:
Steve Lillehaug
Tom Workman
Bethany Tjornhom
Planning Conunission
181 South Shore Court
Planning Commission
PUBLIC ANNOUNCEMENTS:
Mayor Furlong reminded everybody of the school board elections and referendum vote next
Tuesday, November 4th and of the Open House for the Highway 212 construction being
sponsored by MnDot on Thursday, October 30th from 4:30 to 7:30.
CONSENT AGENDA:
approve the following
recommendations:
Councilman Lundquist moved, Councilman Labatt seconded to
consent agenda items pursuant to the City Manager's
Approval of Minutes:
-City Council Work Session Minutes dated October 13, 2003
-City Council Verbatim and Summary Minutes dated October 13, 2003
Receive Commission Minutes:
-Planning Commission Verbatim and Summary Minutes dated October 7, 2003
-Park and Recreation Commission Verbatim and Summary Minutes dated September 23,
2003
Approve Consultant Contracts:
1) 2004 Street Project 04-01
2) 2004 MSA Street Project 04-02
Resolution #2003-89: Approval of Modification to the Fire Department Relief
Association By-laws.
e. Resolution #2003-90: Approval of Final Modification to the 2003 Budget.
City Council Summary - October 27, 2003
Resolution #2003-91: Resolution Approving Quit Claim Deed of Easy Rider Addition
Outlots A, B and C from the City of Chanhassen to the Chanhassen Economic
Development Authority.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
VISITOR PRESENTATIONS.
Bob Martinka, 6650 Powers Boulevard wished to speak on item number 7, along with
representing his neighbor, Mike Cuccia who had been called away on a family emergency.
Mayor Furlong asked for him to speak when the item is addressed later in the agenda.
LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE.
Sgt. Jim Olson presented the sheriff's office area report and citation list for September, crime
alert prepared by Beth Hoiseth and miscellaneous items. Mayor Furlong stated there was a memo
in the packet with the Fire Department Update, and asked if there were any questions. There was
no one was present from the Fire Department.
RURAL SERVICE DISTRICT:
A. PUBLIC HEARING ON AN AMENDMENT TO CHAPTER 2 OF CITY CODE
CONCERNING RURAL SERVICE DISTRICTS; INCLUDING A SUMMARY
Be
ORDINANCE FOR PUBLICATION PURPOSES.
APPROVAL OF RESOLUTION DESIGNATING PROPERTIES IN THE RURAL
SERVICE DISTRICT.
Public Present:
Name
Address
Willard Johnson
A1 Klingelhutz
1660 West 63rd Street
8600 Great Plains Boulevard
Bob Generous outlined the changes to the ordinance in Chapter 2 concerning rural service
districts. Councilman Peterson stated his desire to become more education and provided with
background information on this ordinance. He agreed to move ahead with some of the minor
changes and hold the public hearing but would like to at least recommend the City Council hold a
special work session on this topic to talk about how it all fits together and really the value of it in
today's world. Todd Gerhardt provided some background information for the City Council.
Mayor Furlong opened the public hearing. Willard Johnson, 1660 West 63rd Street stated he's on
the task force and they support keeping the properties as they currently are. Mayor Furlong asked
Mr. Johnson to provide some background information on the task force. Mayor Furlong closed
the public hearing. Todd Gerhardt agreed that it was a good idea that the City Council be
educated on this item again. He suggested inviting the task force who participated in this study
and the City Attorney to talk about the pros and cons and what state statute calls for on this item.
Mayor Furlong asked if there a time frame for approval. Todd Gerhardt stated it needed to be
acted on by August of 2004, so he would bring the item back to a work session mid-March, April.
City Council Summary - October 27, 2003
Councilman Peterson moved, Councilman Ayotte seconded that the City Council table the
resolution designating properties in the Rural Service District. All voted in favor and the
motion carried unanimously with a vote of 5 to 0.
Councilman Peterson moved, Councilman Lundquist seconded that the City Council
approve the amendment to Chapter 2 of City Code Concerning Rural Service Districts,
including Summary Ordinance for Publication Purposes as proposed by staff. All voted in
favor and the motion carried unanimously with a vote of 5 to 0.
PUBLIC HEARING: CONSIDER CERTIFICATION OF DELINQUENT UTILITY
ACCOUNTS.
Bruce DeJong provided the staff report on this item. Councilman Peterson asked why the names
and addresses weren't included on the list. Mayor Furlong opened the public hearing. No one
spoke, and the public hearing was closed.
Resolution ~2003-92: Councilman Labatt moved, Councilman Lundquist seconded to
approve the Certification of Delinquent Utility accounts as presented. All voted in favor
and the motion carried unanimously with a vote of 5 to 0.
PUBLIC HEARING: CONSIDER VACATION OF RIGHT-OF-WAY FOR PAULY
DRIVE.
Matt Saam provided the staff report on this item. Council asked staff to explain what happens if
the parking ramp does not go forward or the property does not close. Mayor Furlong opened the
public hearing. Pat McGough, 7230 Pontiac Circle asked about access for emergency vehicles.
Mayor Furlong closed the public hearing.
Resolution #2003-93: Councilman Labatt moved, Councilman Ayotte seconded that the
City Council approves a resolution vacating the public right-of-way for Pauly Drive, subject
to the following conditions:
A legal description of the right-of-way to be vacated must be supplied to the City for
recording.
A minimum 30 foot wide public drainage and utility easement will be reserved for the
existing public utilities in Pauly Drive.
3. A 40 foot private cross access easement must be supplied to the City for recording.
Ali voted in favor and the motion carried unanimously with a vote of 5 to 0.
PUBLIC HEARING: MODIFICATION TO TAX INCREMENT FINANCING (TIF)
PLAN FOR THE DOWNTOWN TIF DISTRICT.
Bruce DeJong presented the staff report on this item. Mayor Furlong called the public hearing to
order. No one spoke and the public hearing was closed.
Resolution #2003-94: Councilman Lundquist moved, Councilman Labatt seconded to
approve the resolution adopting a Modification to the Tax Increment Financing Plan for the
City Council Summary - October 27, 2003
Downtown Chanhassen Tax Increment Financing District. All voted in favor and the
motion carried unanimously with a vote of 5 to 0.
REQUEST FOR SUBDIVISION OF 3.63 ACRES INTO 7 SINGLE FAMILY LOTS WITH
VARIANCES~ AND A WETLAND ALTERATION PERMIT~ LOCATED AT THE
SOUTHWEST CORNER OF THE INTERSECTION OF LAKE LUCY ROAD AND
POWERS BOULEVARD~ BURLWOOD ADDITION~ EPIC DEVELOPMENT.
Public Present:
Name Address
Perry Ryan
Rick Ragatz
Bob Martinka
Excelsior
Minneapolis
6650 Powers Boulevard
Sharmeen AI-Jaff presented the staff report and an update from Planning Commission.
Councilman Labatt asked staff to explain how the replacement of wetland off site works. Mayor
Furlong asked for clarification on the underground detention system and the legality of approving
this item at the preliminary plat stage and the need to approve it at final plat. He also asked for
clarification on the condition related to the road right-of-way required on the Martinka property.
Rich Ragatz, representing the applicant, clarified that on condition 48, he wanted to be on the
record that he has an agreement worked out with the adjacent property owners and will be giving
this land to them. He also wanted to state for the record that he is agreeing to pay for the entire
cost of putting the cul-de-sac in and taking out the private drive. Bob Martinka, 6650 Powers
Boulevard spoke on behalf of his neighbor at 6622 Powers Boulevard, who was not able to attend
the meeting, to express his concern with the size of the turn around abutting his property and the
t ,-n hi ..... ,~,'txt .ml.o Iq~ xxm~ a~kinc~ tc~ he invc~lved in discussions with the applicant.
Resolution #2003-93: Councilman Labatt moved, Councilman Ayotte seconded that the
Councilman Labatt moved, Councilman Peterson seconded that the City Council approve
preliminary plat for Subdivision ~03-12 for Burlwood Addition for 7 lots and two outlots
with variances to allow a private street and a 50 foot right-of-way as shown on the plans
received September 29, 2003, subject to the following conditions:
The applicant shall revise the landscape plan to show a minimum of 51 trees to be
planted.
A minimum of three deciduous, overstory trees shall be required in the front yard of each
lot.
3. No more than one-third of the required trees may be from any one species.
Tree preservation fence shall be installed at the edge of the grading limits on Lots 1-4 and
6, Block 1 prior to any grading.
5. All transplanted evergreens must be warranted for two growing seasons.
6. A revised landscape plan must be submitted to the city before final approval.
City Council Summary - October 27, 2003
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In lieu of any public improvements, a park dedication charge of $19,200 will be
applicable at the time of platting.
Show all of the proposed and existing easements on the preliminary plat.
On the grading plan:
Add a rock construction entrance per City Detail Plate No. 5301.
Revise the grading on the east side of Lot 6, Block I to prevent trapping water
near the house pads.
Show new ditch grades in the areas where driveways will be removed.
Show the proposed contours for the berms along Powers Boulevard.
Show all existing and proposed easements.
Add a benchmark to the plan.
On the utility plan:
Show all proposed and existing utility easements.
Show all existing utilities and services in the area. Also, call out the pipe type,
manhole numbers, and rim/invert elevations for all existing and proposed utilities.
Add street lights at the intersection of Powers and the new street.
All of the existing driveway entrances to the property from Powers Boulevard must be
removed during construction.
A driveway culvert is required under the proposed street entrance to the site. A Carver
County permit will also be required.
An outlet control structure is required for the proposed pond per City Detail Plat No.
3109. Also, install a storm sewer line from the pond outlet to Lake Lucy Road and west,
approximately 350 feet to an existing storm sewer line in Mulberry Circle.
Revise all slopes that exceed 3:1 or install a retaining wall.
A temporary easement is needed for the portion of the cul-de-sac that is outside of the
proposed right-of-way.
All final construction plans must be signed by a professional engineer registered in the
State of Minnesota.
Any work outside of the subject property or right-of-way will require temporary
easements.
Seed and mulch or sod the site within two weeks of grading completion. If dirt is
required to be brought into or out of the site, provide a haul route for review and approval.
The applicant has submitted drainage calculations for the site; however, additional
information is still needed. Staff will work with the applicant's engineer to revise the
calculations. Prior to final platting, storm sewer design data will need to be submitted for
staff review. The storm sewer will have to be designed for a 10 year, 24 hour storm
event.
City Council Summary - October 27, 2003
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Draintile will be required in back of the curb on the public street.
Installation of the private utilities for the site will require permits and inspections through
the City's Building Department.
Public utility improvements will be required to be constructed in accordance with the
City's latest edition of Standard Specifications and Detail Plates. Detailed construction
plans and specifications will be required at the time of final platting. The applicant will
also be 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. Permits from
the appropriate regulatory agencies must be obtained, including but not limited to the
MPCA, Department of Health, Watershed District, Carver County, etc.
The basement elevations of Lots I through 4, Block 1 must be a minimum of three feet
above the HWL of the proposed pond.
Private easements are required for the existing and proposed services to neighboring
parcels that are outside of the right-of-way.
A 30 foot wide private driveway easement is required for the private drive which serves
Lots 1-4, Block 1. In addition, the driveway must be constructed to a 7 ton design. The
developer will be required to provide inspection reports verifying this.
Vacate the existing public utility easement in the area of the new street.
Additional information and detail must be added to the plans to show how the stormwater
from the temporary cul-de-sac will be handled.
A public drainage and utility easement is required over the proposed pond.
A watermain and sanitary sewer lateral connection charge will be due for Lot 6, Block 1
at the time of building permit issuance. The current 2003 connection charge for water and
sewer is $4,513 each. Sanitary sewer and water hookup charges along with the Met
Council's SAC fee will be due on all of the lots at the time of building permit issuance.
All of these charges are based on the number of SAC units assigned by the Met Council.
The current 2003 sanitary hookup charge is $1,440 per unit, the water hookup charge is
$1,876 per unit and the SAC fee is $1,275 per unit.
A financial security must be supplied to the City to cover the cost of the future street
extension and removal of the existing private street to the south.
Additional right-of-way will need to be platted to achieve a total of 40 feet from the
center line of Lake Lucy Road.
The existing gravel driveway to the neighboring parcels must be maintained until the new
street is graded in and curb is installed.
A storm sewer stub must be extended to the south to handle drainage from the future cul-
de-sac, just south of the site.
City Council Summary - October 27, 2003
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The damaged portion of the existing storm line that goes through Lot 1, Block 2 must be
replaced and connected with the proposed street storm sewer.
The proposed watermain must be extended to the south property line for future looping
purposes.
Sanitary and water services shall be extended to the west property line for future
development of the neighboring parcels.
The developer is required to pave the portion of the existing neighbor's driveways that are
within the subject property as per city ordinance. A private driveway easement will also
be required for the shared portion of the driveway. In addition, any shared portion of the
driveway must be constructed to a 7 ton design. The developer is required to provide
inspection reports verifying this.
A minimum 20 foot wide public drainage and utility easement is required over the
existing ditch/drainage way on the Martinka property.
The entire public street and cul-de-sac must be installed with this project into the Golden
Glow Acres right-of-way. The portion of the existing private street from Powers
Boulevard that is within the right-of-way for the public cul-de-sac must be removed and
replaced with sod.
Building official conditions:
Final grading plans and soil reports must be submitted to the Inspections Division
before building permits will be issued.
Each lot must be provided with a separate sewer and water service.
Demolition permit must be obtained before demolishing any structures.
The homes located at 6648 and 6650 Powers Boulevard will require address
changes as they will be accessed from a different street.
Fire Marshal conditions:
A 10 foot clear space must be maintained around fire hydrants, i.e. street lamps,
trees, shrubs, bushes, Qwest, Excel Energy, cable TV and transformer boxes.
This is to ensure that fire hydrants can be quickly located and safely operated by
firefighters. Pursuant to Chanhassen City Ordinance #9-1.
Dead end fire apparatus access roads in excess of 150 feet in length shall be
provided with an approved area for turning around fire apparatus. Submit turn
around dimensions to City Engineer and Fire Marshal for review and approval.
Exception: Fire Marshal is authorized to increase the dimension of 150 feet
where 1) the buildings are equipped throughout with an approved automatic
sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or
903.3.1.3 of the Fire Code.
Block 1 and 2, Streets will be required to have street names. Submit names to
Chanhassen Building Official and Fire Marshal for review and approval.
No burning permits will be issued for trees/shrubs disposal. Any trees removed
must be removed or chipped on site.
City Council Summary - October 27, 2003
Three additional fire hydrants will be required: one at the intersection of Lake
Lucy and the driveway serving Block 1, one at the end of Block 1, Lot 4 near the
emergency turn-around, and the third one must be installed near the temporary
turn around proposed for Block 2. Contact Chanhassen Fire Marshal and City
Engineer for exact location of required fire hydrants.
42.
Approval of subdivision 03-12 shall be contingent upon approval of the Wetland
Alteration Permit ~03-1.
43.
Wetland replacement shall occur in a manner consistent with the Minnesota Wetland
Conservation Act (MR 8420). The applicant shall have an approved wetland replacement
plan prior to wetland impacts occurring.
44.
The applicant shall work with staff and downstream property owners to address storm
water issues in this area prior to the development of Lot 1, Block 2 and the extension of
the proposed street to Golden Glow Court.
45.
Based on preliminary estimates, the water quality fees for the development are $4,906 and
the water quantity fees are approximately $12,139. AT this time, the estimated total
SWMP fee, due payable to the City at the time of final plat recording is $17,045.00.
46.
The applicant shall apply for and obtain permits from the appropriate regulatory agencies
(e.g. Riley-Purgatory-Bluff Creek Watershed District, Minnesota Pollution Control
Agency) and comply with their conditions of approval.
47.
Outlots A and B shall be deeded to the City to facilitate flexibility in future road
alignment.
48.
The applicant has agreed to pay all costs associated with the extension of the cul-de-sac
into the Golden Glow right-of-way.
49.
The applicant shall provide that portion of the right-of-way on the Martinka property
required for a 50 foot width.
50. All lots shall be custom graded.
51. Staff approval of the underground detention system for storm water management.
Ail voted in favor and the motion carried unanimously with a vote of 5 to 0.
Councilman Peterson moved, Councilman Lundquist seconded that the City Council
approve Wetland Alteration Permit ~t03-1 as shown in plans dated Received August 15,
2003, with the following conditions:
Wetland replacement shall occur in a manner consistent with the Minnesota Wetland
Conservation Act (MR 8420). The applicant shall have an approved wetland replacement
plan prior to wetland impacts occurring.
The applicant shall apply for and obtain permits from the appropriate regulatory agencies
(e.g. Riley-Purgatory-Bluff Creek Watershed District, Minnesota Pollution Control
Agency) and comply with their conditions of approval.
City Council Summary - October 27, 2003
Approval of Wetland Alteration Permit #03-1 shall be contingent upon approval of
Subdivision #03-12.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
CONSIDERATION OF BUDGET FOR FORMER LIBRARY SPACE~ LOWER LEVEL
OF CITY HALL.
Public Present:
Name
Address
Pat McGough
Mel Kurvers
Jean Mancino
Dale W. Geving
7230 Pontiac Circle
7240 Kurvers Point Road
820 Santa Vera Drive
7602 Huron Avenue
Todd Hoffman provided an update on this item and provided financial options available. He then
introduced Matt Masica and Glenn Gauger from KKE Architects who provided schematic
drawings. Councilman Peterson asked questions relating to the kitchen area and stated his
concern about building another set of restrooms in such close proximity to the current ones.
Councilman Ayotte has questions regarding the HVAC system. Mayor Furlong asked about the
items being suggested for cost savings. Todd Gerhardt suggested those items be done as bid
alternatives. Councilman Peterson suggested adding a partition of some sort near the kitchen
area, and having chairs as opposed to benches. Mayor Furlong asked staff about the costs
associated with financing the project.
Councilman Labatt moved, Councilman Peterson seconded that the City Council approve
the revised schematic design submittal for the City Hall Remodel project dated October 27,
2003, with the caveat of bid alternatives for the privacy wall for the kitchen, to verify that
the bathrooms are ADA compliant and the appropriateness of using the council chambers
restrooms as the alternative, to look at replacing the benches with chairs, and any other cost
saving measures. All voted in favor and the motion carried unanimously with a vote of 5 to
0.
COUNCIL PRESENTATIONS:
Councilman Labatt stated he attended the dedication for Westwood Church and commented on
the nice speech given by Mayor Furlong. Also that Pastor Joel Johnson wanted to pass along
thanks to city staff members, especially Kate, Bob, Sharmeen, Lori Haak, engineering and
inspection and what a nice experience it was working with them. Councilman Ayotte provided an
update on the Roundhouse Park renovation celebration on Saturday. Mayor Furlong informed the
Council of a meeting he had with the mayors of Chaska and Victoria on Friday, which was very
positive. They will try to meet every 2 to 3 months to share ideas.
ADMINISTRATIVE PRESENTATIONS.
Todd Gerhardt informed the council that the Mayor and he will be giving the State of the City
Address at the Chamber of Commerce luncheon tomorrow from 11:30 to 1:00, for anyone who is
interested in attending.
City Council Summary - October 27, 2003
CORRESPONDENCE DISCUSSION. None,
Councilman Lundquist moved, Councilman Labatt seconded to adjourn the meeting. All
voted in favor and the motion carried. The City Council meeting was adjourned at 8:45
p.m.
Submitted by Todd Gerhardt
City Manager
Prepared by Nann Opheim
10