City Council Packet 11-25-13AGENDA
CHANHASSEN CITY COUNCIL
MONDAY, NOVEMBER 25, 2013
CHANHASSEN CITY HALL, 7700 MARKET BOULEVARD
CITY COUNCIL WORK SESSION IN THE FOUNTAIN CONFERENCE
ROOM
Continue Discussion of Utility Rate Study
utility rate study.pdf
Discuss Updated 2014 General Fund Budget
2014 budget.pdf
Review 2013 Citizen Survey Results
community survey.pdf
REGULAR MEETING, CITY COUNCIL CHAMBERS
CALL TO ORDER (PLEDGE OF ALLEGIANCE)
PUBLIC ANNOUNCEMENTS
Invitation to Tree Lighting Ceremony
tree lighting.pdf
CONSENT AGENDA
All items listed under the Consent Agenda are considered to be routine by the
City Council and will be considered under one motion. There will be no separate
discussion of these items. If discussion is desired, that item will be removed from
the Consent Agenda and considered separately. City Council action is based on
staff's recommendation for each item. Refer to the council packet for each staff
report.
Approve City Council Minutes dated November 12, 2013
11 -12 -13 -cc -ws.pdf, 11 -12 -13 -cc -sum.pdf, 11 -12 -13 -cc.pdf
Receive Planning Commission Summary & Verbatim Minutes dated
November 5, 2013
11 -5 -13 -pc -sum.pdf, 11 -5 -13 -pc.pdf
Approve Agreement with MnDOT for Right -of -Way Settlement in
Conjunction with the TH 5 Project
mndot right -of -way settlement agreement.pdf
Approve AFG Grant Application for Main Fire Station Exhaust System
firefighters grant.pdf
Approve Resolution Certifying Sewer and Water Hookup Charges
sewer and water hookup charges.pdf
VISITOR PRESENTATIONS
See guidelines for Visitor Presentations at the end of the agenda.
LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE
Lt. Jeff Enevold, Carver County Sheriff's Department
sheriffs report.pdf
Chief John Wolff, Chanhassen Fire Department
fire chief report.pdf
NEW BUSINESS
Chanhassen Pioneer Cemetery, 8151 Galpin Boulevard: Review of
City Cemetery Property and Operations per Section 2 -46.03(5) of
City Code, Applicant/Owner: City of Chanhassen
h -1 chanhassen pioneer cemetery.pdf
Chanhassen Great Plains Center, 7905 Great Plains Boulevard
Site Plan Review for a 10,500 sq. ft. Single -Level Retail Center, Applicant:
NHH Chanhassen Partners, LLC/Owner: Camelot Convenience Quality Fuel &
Food.
chanhassen great plains center.pdf
Consider Amendment to City Code Concerning Massage Business
Licensing
massage business licensing.pdf
Consider Approval of Plans and Specifications and Joint Powers
Agreement for Lyman Boulevard Improvements between Powers
Boulevard and Audubon Road
lyman boulevard approval.pdf
COUNCIL PRESENTATIONS
ADMINISTRATIVE PRESENTATIONS
CORRESPONDENCE PACKET
correspondence packet.pdf
ADJOURNMENT
GUIDE FOR VISITOR PRESENTATIONS
Welcome to the Chanhassen City Council meeting. In the interest of open
communications, the Chanhassen City Council wishes to provide an opportunity for the
public to address the City Council. That opportunity is provided at every regular City
Council meeting during Visitor Presentations .
1.Anyone indicating a desire to speak during Visitor Presentations will be
acknowledged by the Mayor. When called upon to speak, state your name,
address, and topic. All remarks shall be addressed to the City Council as a whole,
not to any specific member(s) or to any person who is not a member of the City
Council.
2.If there are a number of individuals present to speak on the same topic, please
designate a spokesperson that can summarize the issue.
3.Limit your comments to 5 minutes. Additional time may be granted at the
discretion of the Mayor. If you have written comments, provide a copy to the
council.
4.During Visitor Presentations, the council and staff listen to comments and will not
engage in discussion. Council members or the City Manager may ask questions of
you in order to gain a thorough understanding of your concern, suggestion, or
request.
5.Please be aware that disrespectful comments or comments of a personal nature,
directed at an individual either by name or inference, will not be allowed.
Personnel concerns should be directed to the City Manager.
Members of the City Council and some staff members may gather at Brindisi's Pub,
501 West 78th Street in Chanhassen immediately after the meeting for a purely
social event. Members of the public are welcome.
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AGENDA CHANHASSEN CITY COUNCIL MONDAY, NOVEMBER 25, 2013 CHANHASSEN CITY HALL, 7700 MARKET BOULEVARD CITY COUNCIL WORK SESSION IN THE FOUNTAIN CONFERENCE ROOM Continue Discussion of Utility Rate Study utility rate study.pdf Discuss Updated 2014 General Fund Budget 2014 budget.pdf Review 2013 Citizen Survey Results community survey.pdf REGULAR MEETING, CITY COUNCIL CHAMBERS CALL TO ORDER (PLEDGE OF ALLEGIANCE)PUBLIC ANNOUNCEMENTS Invitation to Tree Lighting Ceremony tree lighting.pdf CONSENT AGENDA All items listed under the Consent Agenda are considered to be routine by the City Council and will be considered under one motion. There will be no separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and considered separately. City Council action is based on staff's recommendation for each item. Refer to the council packet for each staff report.Approve City Council Minutes dated November 12, 2013 11 -12 -13 -cc -ws.pdf, 11 -12 -13 -cc -sum.pdf, 11 -12 -13 -cc.pdf Receive Planning Commission Summary & Verbatim Minutes dated November 5, 2013 11 -5 -13 -pc -sum.pdf, 11 -5 -13 -pc.pdf Approve Agreement with MnDOT for Right -of -Way Settlement in Conjunction with the TH 5 Project
mndot right -of -way settlement agreement.pdf
Approve AFG Grant Application for Main Fire Station Exhaust System
firefighters grant.pdf
Approve Resolution Certifying Sewer and Water Hookup Charges
sewer and water hookup charges.pdf
VISITOR PRESENTATIONS
See guidelines for Visitor Presentations at the end of the agenda.
LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE
Lt. Jeff Enevold, Carver County Sheriff's Department
sheriffs report.pdf
Chief John Wolff, Chanhassen Fire Department
fire chief report.pdf
NEW BUSINESS
Chanhassen Pioneer Cemetery, 8151 Galpin Boulevard: Review of
City Cemetery Property and Operations per Section 2 -46.03(5) of
City Code, Applicant/Owner: City of Chanhassen
h -1 chanhassen pioneer cemetery.pdf
Chanhassen Great Plains Center, 7905 Great Plains Boulevard
Site Plan Review for a 10,500 sq. ft. Single -Level Retail Center, Applicant:
NHH Chanhassen Partners, LLC/Owner: Camelot Convenience Quality Fuel &
Food.
chanhassen great plains center.pdf
Consider Amendment to City Code Concerning Massage Business
Licensing
massage business licensing.pdf
Consider Approval of Plans and Specifications and Joint Powers
Agreement for Lyman Boulevard Improvements between Powers
Boulevard and Audubon Road
lyman boulevard approval.pdf
COUNCIL PRESENTATIONS
ADMINISTRATIVE PRESENTATIONS
CORRESPONDENCE PACKET
correspondence packet.pdf
ADJOURNMENT
GUIDE FOR VISITOR PRESENTATIONS
Welcome to the Chanhassen City Council meeting. In the interest of open
communications, the Chanhassen City Council wishes to provide an opportunity for the
public to address the City Council. That opportunity is provided at every regular City
Council meeting during Visitor Presentations .
1.Anyone indicating a desire to speak during Visitor Presentations will be
acknowledged by the Mayor. When called upon to speak, state your name,
address, and topic. All remarks shall be addressed to the City Council as a whole,
not to any specific member(s) or to any person who is not a member of the City
Council.
2.If there are a number of individuals present to speak on the same topic, please
designate a spokesperson that can summarize the issue.
3.Limit your comments to 5 minutes. Additional time may be granted at the
discretion of the Mayor. If you have written comments, provide a copy to the
council.
4.During Visitor Presentations, the council and staff listen to comments and will not
engage in discussion. Council members or the City Manager may ask questions of
you in order to gain a thorough understanding of your concern, suggestion, or
request.
5.Please be aware that disrespectful comments or comments of a personal nature,
directed at an individual either by name or inference, will not be allowed.
Personnel concerns should be directed to the City Manager.
Members of the City Council and some staff members may gather at Brindisi's Pub,
501 West 78th Street in Chanhassen immediately after the meeting for a purely
social event. Members of the public are welcome.
A.5:30 P.M.1.Documents:2.Documents:3.Documents:B.7:00 P.M.C.D.1.Documents:E.1.Documents:2.Documents:3.
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AGENDA CHANHASSEN CITY COUNCIL MONDAY, NOVEMBER 25, 2013 CHANHASSEN CITY HALL, 7700 MARKET BOULEVARD CITY COUNCIL WORK SESSION IN THE FOUNTAIN CONFERENCE ROOM Continue Discussion of Utility Rate Study utility rate study.pdf Discuss Updated 2014 General Fund Budget 2014 budget.pdf Review 2013 Citizen Survey Results community survey.pdf REGULAR MEETING, CITY COUNCIL CHAMBERS CALL TO ORDER (PLEDGE OF ALLEGIANCE)PUBLIC ANNOUNCEMENTS Invitation to Tree Lighting Ceremony tree lighting.pdf CONSENT AGENDA All items listed under the Consent Agenda are considered to be routine by the City Council and will be considered under one motion. There will be no separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and considered separately. City Council action is based on staff's recommendation for each item. Refer to the council packet for each staff report.Approve City Council Minutes dated November 12, 2013 11 -12 -13 -cc -ws.pdf, 11 -12 -13 -cc -sum.pdf, 11 -12 -13 -cc.pdf Receive Planning Commission Summary & Verbatim Minutes dated November 5, 2013 11 -5 -13 -pc -sum.pdf, 11 -5 -13 -pc.pdf Approve Agreement with MnDOT for Right -of -Way Settlement in Conjunction with the TH 5 Project mndot right -of -way settlement agreement.pdf Approve AFG Grant Application for Main Fire Station Exhaust System firefighters grant.pdf Approve Resolution Certifying Sewer and Water Hookup Charges sewer and water hookup charges.pdf VISITOR PRESENTATIONS See guidelines for Visitor Presentations at the end of the agenda.LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE Lt. Jeff Enevold, Carver County Sheriff's Department sheriffs report.pdf Chief John Wolff, Chanhassen Fire Department fire chief report.pdf NEW BUSINESS Chanhassen Pioneer Cemetery, 8151 Galpin Boulevard: Review of City Cemetery Property and Operations per Section 2 -46.03(5) of City Code, Applicant/Owner: City of Chanhassen h -1 chanhassen pioneer cemetery.pdf Chanhassen Great Plains Center, 7905 Great Plains Boulevard Site Plan Review for a 10,500 sq. ft. Single -Level Retail Center, Applicant: NHH Chanhassen Partners, LLC/Owner: Camelot Convenience Quality Fuel & Food.chanhassen great plains center.pdf Consider Amendment to City Code Concerning Massage Business Licensing massage business licensing.pdf Consider Approval of Plans and Specifications and Joint Powers Agreement for Lyman Boulevard Improvements between Powers Boulevard and Audubon Road lyman boulevard approval.pdf COUNCIL PRESENTATIONS ADMINISTRATIVE PRESENTATIONS CORRESPONDENCE PACKET
correspondence packet.pdf
ADJOURNMENT
GUIDE FOR VISITOR PRESENTATIONS
Welcome to the Chanhassen City Council meeting. In the interest of open
communications, the Chanhassen City Council wishes to provide an opportunity for the
public to address the City Council. That opportunity is provided at every regular City
Council meeting during Visitor Presentations .
1.Anyone indicating a desire to speak during Visitor Presentations will be
acknowledged by the Mayor. When called upon to speak, state your name,
address, and topic. All remarks shall be addressed to the City Council as a whole,
not to any specific member(s) or to any person who is not a member of the City
Council.
2.If there are a number of individuals present to speak on the same topic, please
designate a spokesperson that can summarize the issue.
3.Limit your comments to 5 minutes. Additional time may be granted at the
discretion of the Mayor. If you have written comments, provide a copy to the
council.
4.During Visitor Presentations, the council and staff listen to comments and will not
engage in discussion. Council members or the City Manager may ask questions of
you in order to gain a thorough understanding of your concern, suggestion, or
request.
5.Please be aware that disrespectful comments or comments of a personal nature,
directed at an individual either by name or inference, will not be allowed.
Personnel concerns should be directed to the City Manager.
Members of the City Council and some staff members may gather at Brindisi's Pub,
501 West 78th Street in Chanhassen immediately after the meeting for a purely
social event. Members of the public are welcome.
A.5:30 P.M.1.Documents:2.Documents:3.Documents:B.7:00 P.M.C.D.1.Documents:E.1.Documents:2.Documents:3.Documents:4.Documents:5.Documents:F.G.1.Documents:2.Documents:H.1.Documents:2.Documents:3.Documents:4.Documents:I.J.K.
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CHANHASSEN CITY COUNCIL
WORK SESSION
NOVEMBER 12, 2013
Mayor Furlong called the work session to order at 5:30 pm.
COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilman McDonald, Councilwoman
Tjornhom, Councilwoman Ernst, and Councilman Laufenburger
STAFF PRESENT: Todd Gerhardt, Laurie Hokkanen, Paul Oehme, Kate Aanenson, Greg Sticha and Lt.
Jeff Enevold
PUBLIC PRESENT:
Mike Luger Massera, 7818 Market Boulevard
UPDATE ON RENEWAL OF FRANCHISE AGREEMENT WITH MEDIACOM, BRIAN
GROGAN, MOSS AND BARNETT.
Todd Gerhardt introduced Brian Grogan from Moss & Barnett who provided an update on the status of
negotiation s for the renewal of the Franchise Agreement with Mediacom . Mayor Furlong asked if other
utilit y companies are treated the same as Mediacom. Councilman Laufenburger asked for clarification of
the fee structure , about governance of the FCC and enforcement provisions. Mayor Furlong asked about
costs for cable service at public facilities i.e. City Hall, schools, etc. and why not remove PEG fees
entirely.
DISCUSS CONCURRENT DETACHMENT AND ANNEXATION OF LAND WITH THE CITY
OF VICTORIA.
Todd Gerhardt explained that this request is an example of two cities working together to put a plan
together in conjunction with the Pleasant Acres subdivision . Kate Aanenson explained how the
subdivision , which was platted in 1958-59 , has lots in both cities . In order to make it easier for residents
to obtain building permits and utility service the two cities worked together to change city boundary lines .
She reviewed the resolution that is being presented for approval at the regular meeting. Councilman
Laufenburger asked about the status of future property taxes.
UPDATE ON TH 101 FROM TH 5 TO PLEASANT VIEW ROAD.
Paul Oehme provided background information on this corridor of TH 101 noting there is currently no
funding programmed for any improvements through MnDOT. He reviewed Hennepin and Carver
County ’s future plans , and historic traffic counts which show a decrease in traffic numbers in the last 10
years. He explained that t rends are not pointing to the need for a 4 lane road , which is currently in the
counties comp rehensive plans. The City Engineer then reviewed Hennepin County ’s improvement
projects planned for TH 101 from Minnetonka Blvd to TH 12 and County Road 62 to Hutchins Drive.
Staff will continue to keep the dialogue open with other agencies regarding future traffic corridor needs.
Mayor Furlong stated he could not support the 4 lane roadway being proposed by Hennepin County.
Councilwoman Ernst asked about impacts on residential property associated with these improvements.
Councilman McDonald discussed when upgrade plans came through 12 years ago and suggesting getting
residents involved earlier in the process. Staff will continue to keep the council updated.
City Council Work Session – November 12, 2013
2
DISCUSS ORDINANCE AMENDMENT CONCERNING LICENSING MASSAGE BUSINESSES.
Todd Gerhardt provided an overview of what the City is trying to accomplish with this draft ordinance.
Laurie Hokkanen reviewed the specifics included in the draft ordinance which eliminate s construction
standards and requires a one time fee for the background check. Mayor Furlong asked how other
communities would be contacted. Lt. Enevold explained that would be part of the background check
process. Councilman McDonald applauded staff for simplifying this draft ordinance. Mayor Furlong
asked about staff addressing concerns with chair massages and home occupations as referenced in an
email. Councilman Laufenburger concurred with Councilman McDonald that hi s concerns had been
addressed before asking about the $250 fee for background checks, and liability issues associated wi th t he
City Council approving those background checks. Mayor Furlong asked Lt. Enevold to clarify the
County ’s background check procedures. Councilwoman Ernst concurred with Councilman Laufenburger
and Councilman McDonald with simplifying the process .
The work session was recessed at 6:58 p.m. It was reconvened at 7:50 p.m.
CONTINUE DISCUSSION ON ORDINANCE AMENDMENT CONCERNING LICENSING
MASSAGE BUSINESSES.
Mayor Furlong asked if Lt. Enevold has talked to other cities that have ordinances currently and timing
for the application process with current and new businesses coming to town . Councilwoman Ernst asked
how this process compares to other business licenses in town i.e. liquor licenses. Mayor Furlong
suggested offering a discounted license fee for early submittals. Council members concurred with a
discount being offered. Councilman Laufenburger asked if applications are published and if prostitution
is illegal in home s . Lt. Enevold stated yes, prostitution is illegal anywhere. Todd Gerhardt added that the
City experienced an incident earlier where this ordinance would have denied a business license.
Councilman McDonald asked if the proposed ordinance meets the agenda initially presented by the
sheriff ’s office. Lt. Enevold stated he feels this ordinance will meet the ir goals. Mayor Furlong asked
that this item be brought back at the next council meeting in the hope of getting the process started in
December.
Mayor Furlong a djourned the work session at 8:05 p.m.
Submitted by Todd Gerhardt
City Manager
Prepared by Nann Opheim
CHANHASSEN CITY COUNCIL
REGULAR MEETING
SUMMARY MINUTES
NOVEMBER 12, 2013
Mayor Furlong called the meeting to order at 7:00 p.m. Boy Scout Matthew Clark from Troop 409
led 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, Greg Sticha, and
Tom Scott
PUBLIC ANNOUNCEMENTS: Mayor Furlong welcomed members in the audience from Boy Scout
Troop 409 and Holy Family High School students.
CONSENT AGENDA: Councilman Laufenburger moved, Councilwoman Ernst seconded to
approve the following consent agenda items pursuant to the City Manager ’s recommendations:
1.Approval of City Council Minutes dated October 28, 2013
2.Receive Park and Recreation Commission Minutes dated October 22, 2013
3.Resolution #2013-54: Accept $500 Donation from Community Bank Chanhassen for the Senior
Center Holiday Party.
4.Resolution #2013-55: Resolution Regarding the Administration of the Wetland Conservation
Act.
6.Resolution #2013-56: Resolution Approving Year End (12-31-12) General Fund Surplus
Transfers.
7.Resolution #2013-57: Resolution Approving Special Assessment Agreement between
Bloomberg Companies, New Chanhassen Holding Company, LLC and the City of Chanhassen;
Approve Assessment Reapportionment.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
VISITOR PRESENTATIONS. None.
POWERS POINTE; LOCATED AT THE SOUTHWEST CORNER OF POWERS BOULEVARD
AND THE RAILROAD TRACKS, OUTLOT F, CHANHASSEN LAKES BUSINESS PARK;
APPLICANT, UNITED PROPERTIES:
A.REQUEST FOR PRELIMINARY AND FINAL PLAT REVIEW OF 16.94 ACRES
ZONED INDUSTRIAL OFFICE PARK (IOP) AND SITE PLAN REVIEW FOR A 140,800
SQ. FT. OFFICE/WAREHOUSE BUILDING.
B.CONSIDER APPROVAL OF DEVELOPMENT CONTRACT AND PLANS AND
SPECIFICATIONS FOR A PUBLIC UTILITY.
City Council Summary – November 12, 2013
2
C.CONSIDER APPROVAL OF THE METROPOLITAN COUNCIL ENVIRONMENTAL
SERVICES SEWER CONNECTION AND MAINTENANCE AGREEMENT.
Kate Aanenson presented the staff report on this item. Councilman Laufenburger asked for clarification
of the approval process for the Met Council Environmental Services Sewer and Maintenance Agreement
and park fees. Mayor Furlong asked for clarification of condition number 3 under landscaping. Brandon
Champeau with United Properties thanked staff and noted they were excited to start grading this fall.
Councilman Laufenburger asked about Outlot B being used as a future city well location. After council
members voiced their support for this project, the following motions were made.
Councilman McDonald moved, Councilman Laufenburger seconded that the Chanhassen City
Council approve a Preliminary and Final Plat of 16.94 acres into one lot and two outlots
(Powers Pointe); S i t e P l a n A p p r o v a l f o r c o n s t r u c t i o n o f a 1 4 0 ,0 0 0 s q u a r e -f o o t
o f f i c e /w a r e h o u s e b u i l d i n g as shown in plans dated received September 20, 2013 subject to
the following conditions, a n d a d o p t i o n o f t h e a t t a c h e d F i n d i n g s o f F a c t .
Planning
1.The applicant shall enter into a site plan agreement.
2.The architecture shall be revised to match the plan dated October 4, 2013.
3.Recycling space shall be contained within the trash enclosure located on the north side of the
building.
4.All signs including future business wall signs are required to obtain permits and meet city
standards.
Landscaping
1.The applicant shall install a total of 11 islands/peninsulas in the parking lot and 66 trees.
2.The applicant shall specify a columnar evergreen species for the northeast landscape
peninsula.
3.The applicant will work to provide screening along the north and east property lines.
4.The applicant shall correct the botanical name for Imperial honey locust in the plant
schedule.
Park
1 .A s i d e w a l k s h a l l b e p l a c e d a l o n g t h e e n t r a n c e d r i v e a t L a k e D r i v e W e s t t h a t c o n n e c t s t o C i t y
t r a i l s .
2 .F u l l p a r k f e e s i n l i e u o f p a r k l a n d d e d i c a t i o n s h a l l b e c o l l e c t e d i n f u l l a t t h e r a t e i n f o r c e u p o n
f i n a l p l a t s u b m i s s i o n a n d a p p r o v a l (2 0 1 3 r a t e a t $12,500 per acre). 12.40 x 12,500 =$155,500
City Council Summary – November 12, 2013
3
B u i l d i n g
1.The buildings are required to have automatic fire extinguishing systems.
2.Building plans must be prepared and signed by design professionals licensed in the State of
Minnesota.
3.Retaining walls over four feet high must be designed by a professional engineer and a permit
must be obtained prior to construction.
4.Detailed occupancy related requirements will be addressed when complete building plans are
submitted.
5.The owner and/or their representative shall meet with the Inspections Division as soon as
possible to discuss property line issues as well as plan review and permit procedures.
E n g i n e e r i n g
1.Outlots A and B shall be deeded to the City by Limited Warranty Deed upon recording of the
final plat, subject to review of an updated title commitment to the Outlots and approval of
title by the City Attorney. A use restriction preserving the property for open space may be
recorded against Outlot A by Developer immediately prior to the recording of the Limited
Warranty Deed, provided the use restriction has been approved by the City Attorney. These
use restrictions may be modified by approval of the City and the owner of Lot 1, Block 1,
Powers Pointe. The property being conveyed to the City shall be subject to all easements of
record, provided the easement does not interfere with the City ’s intended use of Outlot A,
and a Declaration of Development Standards and Protective Covenants dated December 19,
1988, as document no. 59565. Developer shall use commercially reasonable efforts to cause
this declaration to be removed from title by a proceeding subsequent to be completed after
the plat has been recorded.
2.The sight line and turning movement information for each access must be submitted to
Carver County for review and approval.
3.The developer must obtain the necessary permits for the work within the Powers Boulevard
right of way and submit any required security before work in the right of way can commence.
4.The current streetlight locations provide adequate lighting at the proposed driveway
intersections.
5.This parcel was not assessed for the trunk watermain improvements; therefore, the City
Water Access Charge (City WAC) shall be collected with the building permit at the rates in
effect at that time.
6.The City Sewer Access Charge (City SAC) is waived because the property was assessed and
paid the trunk sanitary sewer fee with City Project 78-3.
7.The developer ’s contractor must notify the Chanhassen Utility Department a minimum of 72
hours in advance of the wet tap.
City Council Summary – November 12, 2013
4
8.Prior to installation of the private watermain the developer must obtain any necessary
permissions to install the hydrant within the gas and electrical easement on the site.
9.The property owner shall pay for any costs incurred from the terms of the MCES agreement
within four (4) years of sanitary sewer connection.
10.Prior to connection the developer shall acquire the necessary permits/permissions to connect
to the Met Council sewer and must obtain an MPCA Sewer Extension permit.
11.Staff and the developer ’s engineer are working to modify the storm sewer design at the full
access to improve energy dissipation. Design changes must be completed prior to City
Council consideration of the final plat.
12.The developer must provide catch basin spacing calculations to Carver County for review
and, if necessary, provide additional catch basins prior to City Council consideration of the
final plat.
13.Upon City Council approval of the final plat, the developer is authorized to proceed with site
grading operations prior to submittal of the final plat and related documents, provided that
the project security has been submitted.
14.Before the retaining wall can be constructed the developer must obtain the necessary
approvals (if any) to install the wall within the gas and electrical easements.
15.Walls over four feet high require a building permit and must be designed by an Engineer
licensed in the State of Minnesota.
16.Temporary sediment basin(s) will be required during mass site grading.
17.Dewatering of temporary sediment basin(s) will require the use of a floating skimmer
methodology.
18.Winter shutdown will require all exposed soils to be stabilized. If soils are frozen, the site
shall be hydro mulched. If the site is snow covered the area will need to be frost seeded and
have straw mulch blown atop the snow. This shall be included as a note in the erosion
prevention and sediment control plan and within the Storm Water Pollution Prevention Plan
(SWPPP).
19.The SWPPP and all pertinent plans shall be updated to reflect that Lake Susan is within one
mile of the site, receives drainage from the site and is impaired for excess nutrients.
20.Appendix A of the General Permit Authorization to Discharge Stormwater Associated with
Construction Activity under the NPDES shall be incorporated into the Erosion Prevention
and Sediment Control Plan, the Grading Plan, the SWPPP and the storm water management
plan as well as anywhere else it applies.
21.Prior to recording of the final plat calculations shall be provided showing that one inch of
runoff from the new impervious surface is retained on site either through infiltration and/or
reuse from the underground storm sewer vaults.
City Council Summary – November 12, 2013
5
22.Construction of the rain garden shall not occur until after the majority of the site is stabilized
and at least the base course is installed in the paved areas.
23.The proposed rain garden area shall be protected from construction-related activities until
such a time as it is ready to be constructed. This shall be indicated on the plans where
appropriate.
24.Best Management Practices such as j-hooked silt fence or properly sized and staked biorolls
or wattles shall be installed to break up the run on the slopes located in the southeast and
southwest corners of Lot 1.
25.The plans shall include all pertinent setbacks and buffers including:
a.Shoreland Overlay District (300 ’ from centerline of Bluff Creek)
b.Fifty (50) foot setback from Riley Creek.
c.All bluff impact zones.
d.All wetland boundaries and buffers from those boundaries.
26.Given the proximity to the wetland along Powers Boulevard, the applicant shall make
available the necessary evidence to determine that no loss of jurisdictional wetland will result
from the proposed activities.
27.Vegetative and topographic alterations shall only occur as necessary for the construction of
the facility and appurtenant infrastructure. The wall located southwesterly on the site labeled
“Wall 2 ” in the staff report, shall be relocated easterly to minimize aforementioned
alterations.
28.Tree preservation shall occur in those areas where grading is not integral to the intended
purpose or construction of the site. Tree protection fencing shall be shown on the plan and
installed concurrently with the initial erosion prevention and sediment control BMPs.
29.Stabilization of all exposed soil areas must be initiated immediately but in no case later than
seven (7) days after construction activities have permanently or temporarily ceased in that
area.
30.The $240.879.40 Surface Water Management Fee must be paid before the final plat is
recorded. The fee was calculated as follows:
Water Quality 12.4 acres($16,440/acre)= $203,856.00
Water Quantity 12.4 acres($8,110/acre)= $100,564.00
SWMP Credit 7.73acres (0.5*$16,440/acre)= -$63,540.6 ”
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
Councilman McDonald moved, Councilman Laufenburger seconded that the Chanhassen City
Council approve s the Development Contract and Construction Plans and Specifications for
Powers Pointe. All voted in favor and the motion carried unanimously with a vote of 5 to 0.
City Council Summary – November 12, 2013
6
Councilman McDonald moved, Councilman Laufenburger seconded that the Chanhassen City
Council approve the attached Metropolitan Council Environmental Services Sewer
Connection and Maintenance Agreement, MCES Connection Permit No. 1792, MCES
Interceptor No. 8253-328. All voted in favor and the motion carried unanimously with a
vote of 5 to 0.
RESOLUTION APPROVING CONCURRENT DETACHMENT AND ANNEXATION
OF LAND WITH THE CITY OF VICTORIA.
Kate Aanenson presented the staff report on this item.
Resolution #2013-58: Councilwoman Ernst moved, Councilman McDonald seconded that the City
Council approve a resolution authorizing the concurrent detachment of land from Victoria and
annexation to Chanhassen. All voted in favor and the motion carried unanimously with a vote of 5
to 0.
COUNCIL PRESENTATIONS. Councilman McDonald commented on the Veteran ’s Day program he
and Councilman Laufenburger attended at Chapel Hill Academy. Councilman Laufenburger commented
on the Veteran ’s Day program he attended at Crown College. Mayor Furlong commented on the Beyond
the Yellow Ribbon Military Appreciation Breakfast that was held at the American Legion on Saturday,
the Veteran ’s Day program at Chaska Middle School West that he and Councilman Laufenburger
attended, and thanked everyone who participated in the school district elections on November 5 th .
ADMINISTRATIVE PRESENTATIONS. Todd Gerhardt provided an update on the cancellation of
the sale of bonds to extend payments for the 212 sewer and water improvements into the 2005 MUSA
area. Paul Oehme provided updates on the various street projects in town that are wrapping up for the
season.
CORRESPONDENCE DISCUSSION. None.
Councilwoman Ernst 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 at 7:45 p.m.
Submitted by Todd Gerhardt
City Manager
Prepared by Nann Opheim
CHANHASSEN CITY COUNCIL
REGULAR MEETING
NOVEMBER 12, 2013
Mayor Furlong called the meeting to order at 7:00 p.m. Boy Scout Matthew Clark from Troop 409
led 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, Greg Sticha, and
Tom Scott
PUBLIC ANNOUNCEMENTS:
Mayor Furlong: Thank you Matthew. Appreciate that and welcome to everybody here in the council
chambers. We have a large contingent from Boy Scout Troop 409 here tonight. We ’re glad that they
joined us. They ’re working on their communication and citizenship in the community merit badge. We
also have some students from Holy Family High School observing us tonight so welcome to them and
everybody else here 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 additions to the agenda. There is one
item that we are adding to the consent agenda that was distributed by the City Manager this afternoon and
it will be item E(8) and that deals with, what do you want to title that? Just an allocation of assessments
for the Chanhassen Transit Station property?
Todd Gerhardt: Yeah. Bloomberg Companies and Chanhassen Dinner Theater have come to an
agreement on transferring assessments from Bloomberg Company over to the Chanhassen Dinner Theater
property so the City Attorney has requested that the council approve transfer agreement and pass a
resolution.
Mayor Furlong: Okay, thank you. So at this point we will add that to item E(8). The eighth item on our
consent agenda unless there ’s objection and unless there ’s objection we ’ll proceed with the rest of the
agenda as it was published. We ’ll move now to the consent agenda.
CONSENT AGENDA: Councilman Laufenburger moved, Councilwoman Ernst seconded t o
approve the following consent agenda items pursuant to the City Manager ’s recommendations:
1.Approval of City Council Minutes dated October 28, 2013
2.Receive Park and Recreation Commission Minutes dated October 22, 2013
3.Resolution #2013-54: Accept $500 Donation from Community Bank Chanhassen for the Senior
Center Holiday Party.
4.Resolution #2013-55: Resolution Regarding the Administration of the Wetland Conservation
Act.
6.Resolution #2013-56: Resolution Approving Year End (12-31-12) General Fund Surplus
Transfers.
Chanhassen City Council – November 12, 2013
2
7.Resolution #2013-57: Resolution Approving Special Assessment Agreement between
Bloomberg Companies, New Chanhassen Holding Company, LLC and the City of Chanhassen;
Approve Assessment Reapportionment.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
VISITOR PRESENTATIONS. None.
POWERS POINTE; LOCATED AT THE SOUTHWEST CORNER OF POWERS BOULEVARD
AND THE RAILROAD TRACKS, OUTLOT F, CHANHASSEN LAKES BUSINESS PARK;
APPLICANT, UNITED PROPERTIES:
A.REQUEST FOR PRELIMINARY AND FINAL PLAT REVIEW OF 16.94 ACRES
ZONED INDUSTRIAL OFFICE PARK (IOP) AND SITE PLAN REVIEW FOR A 140,800
SQ. FT. OFFICE/WAREHOUSE BUILDING.
B.CONSIDER APPROVAL OF DEVELOPMENT CONTRACT AND PLANS AND
SPECIFICATIONS FOR A PUBLIC UTILITY.
C.CONSIDER APPROVAL OF THE METROPOLITAN COUNCIL ENVIRONMENTAL
SERVICES SEWER CONNECTION AND MAINTENANCE AGREEMENT.
Kate Aanenson: Thank you Mayor, members of the City Council. As you indicated, the agenda shows it
as preliminary and final plat and that ’s what you are recommending so I did that in motion. I apologize
it ’s not in the cover memo of the staff report. There ’s actually three action items. Then what also besides
the preliminary and final plat would also be the site plan approval. There ’s also a development contract
and approval for an agreement with the Metropolitan Sewer for access to their service line. As indicated
this project is on 8100 Powers Boulevard. This property is not only guided. It has a land use designation
of office industrial so it ’s the appropriate zoning, as is the surrounding property around it office industrial.
The entire site is just short of 17 acres. It is an existing outlot of a property that was part of the Chan
Lakes Business Park which was platted in 1979 so here we are a number of years later finally getting a
project on this. The complexity of this piece, besides the topography is it ’s bordered by Riley Creek on
the western side of the property. The City owns this parcel here. It was taken, there ’s setbacks from that
property. In addition you have the Twin Cities and Western Railroad on the north side of the property.
There ’s also a gas transmission. There ’s also a utility easement running along this portion of the property
too. So from the center of the site and from Riley Creek there ’s a change in topography of 40-50 feet so
that ’s what ’s made it challenging and so we ’re excited that a project has come forward advancing this to a
final plat. The subdivision itself is actually creating 3 lots. Lot 1 would be the 12.4 acres. That ’s the site
that the building will go on. Outlot B would be a potential future well site for the City. That ’s that small,
little .34 acres, and then Outlot A which is the significant amount of tree cover and slope and that will be
put in through preservation. It ’s difficult to built on that portion of the site. As shown you can see here
the slopes and the creek running through the property. Again the shoreland district which is the property
that the City owns right here right now, and then there ’s steep slopes along here and I ’ll show a little bit
more detail regarding grading and drainage and the use of retaining walls on the site. There ’s also
wetlands on the site that were identified. Again the ones around the creek itself will not be disturbed but
identification of the wetland as pointed out on this slide here. Identification that would need to be
officially delineated and then this drawing also shows where there ’ll be the underground water storage for
their storm water. Because of the grades it wasn ’t possible, there wasn ’t any alternative site to put the
storm water so it ’s going underground. This is some of the reasons why this project has been slightly
delayed. As they went out to bid and the numbers came back quite a bit higher so it ’s been a lot of pencil
sharpening on all parties. Landowners. The City is trying to be creative and the developer trying to get
Chanhassen City Council – November 12, 2013
3
this project to come to fruition. I think as we moved along everybody kind of understood why it ’d been
sitting there a little while. It was a very complex piece so but we ’re happy to say that we believe we ’ve
got all the issues addressed now regarding that. So grading, one of the issues that was brought out is, as
we get toward Riley Creek it ’s very steep. You can kind of see in this area over here the steep grades and
the trees and that ’s where you have to connect to the sewer. Down to the Metropolitan Council ’s utility
line through that area. Wanted to make sure we minimize impacts in that area so care we want to make
sure happens that we preserve that and not into the creek and provide the additional retaining walls. That
was some of the other complexity. Additional retaining walls not only from the City ’s perspective but
also from the gas line added to the complexity. They want to make sure that the grading on the north side
didn ’t impact the gas line that runs next to the railroad tracks. So what ’s shown here, these would be the
walls that would be put in place with the City. Some of those walls as we put in the original report may
be slightly different but you can see the lengths of some of those walls that were identified in the staff
report. For example Wall 1 is 170 feet. Wall 2, these are just the lengths. Wall 2 would be another 175
feet. Wall 3, 190 feet and Wall 4 was 370 feet. Now some of those walls have been adjusted as we
looked at ways to minimize some of the grading and reduce some of their costs on those retaining walls.
What this doesn ’t show is the additional wall that was required from the gas company to provide
protection from their buried gas line there.
Mayor Furlong: Ms. Aanenson, if I may.
Kate Aanenson: Yep.
Mayor Furlong: On that wall on the north property line there, along the railroad tracks then, will the drive
lane there be below the wall or above the wall?
Kate Aanenson: The grading ’s actually I believe on the outside of this, right along the property line so
they should be able to, the driveway ’s still in place. That was another issue that was worked out in the
beginning. They wanted full access there because you ’re coming underneath the bridge there. The sight
lines weren ’t that great so they County did acquiesce and say they could have a right out, which help frees
up their access for their trucking movements in that property. In the project.
Mayor Furlong: And I guess what I ’m trying to clarify is the drive lane there, the loading docks there on
the north side of the building. Is that at a lower elevation than where the railroad tracks are and where the.
Kate Aanenson: Quite a bit higher. I ’ll show you a perspective in a moment.
Mayor Furlong: Quite a bit higher.
Kate Aanenson: Yep. Quite a bit higher. I ’ll show you in a perspective.
Mayor Furlong: Thank you.
Applicant: Kate it ’s lower.
Kate Aanenson: Oh excuse me.
Applicant: Yeah, the truck dock is lower than the tracks.
Kate Aanenson: Oh I ’m sorry. Yeah, I ’m sorry from Powers Boulevard, it is lower. Okay.
Chanhassen City Council – November 12, 2013
4
Councilman Laufenburger: The wall prevents erosion from the tracks to the driveway on the retail.
Kate Aanenson: Well also the gas company didn ’t want additional dirt buried on top of their gas line so
they didn ’t want any grading because they had a construction easement to grade into that but they didn ’t
want additional dirt buried on top.
Mayor Furlong: Maybe you could show us when you get to that point.
Kate Aanenson: Sure. So this is a perspective from Powers Boulevard. You can see this site line, so
you ’re significantly higher going up. If you look at the bottom picture, the sight line from Powers
Boulevard, the change in elevation. So one of the issues for the, that we looked at was you would see
rooftop equipment. This site is really has limited visibility from all perspectives except for Powers
Boulevard and the property to the north which has visibility to the loading docks and we ’ll talk about that
when we get to landscaping but they do have parapet walls that will be 12 to 24 inches so you shouldn ’t
see any rooftop equipment. So here ’s the look at the architecture. Building materials are here. Highly
articulated. We went through the findings for the subdivision and believe that it meets and exceeds all the
standards that we have for the site plan review. Again highly articulated materials and would support the
approval of that. There ’s some additional drawings here that show their perspective. Again this would be
on the south side. Again limited visibility because you ’ve got that large stand of trees in addition to th e
preservation, the other 4 acres that the developer ’s proposing to preserve. So again this is office
warehouse showroom so the parking is adjusted to meet that, and here ’s another perspective. Coming up
off of Powers Boulevard on the northern access. One of the things that we did put in here, looking at this
property, you ’re connecting to a city trail on Powers Boulevard. That a sidewalk be added along this
portion of the. Of that and that would get you down to the city trail and so that still needs to be
incorporated into the plans and then the other thing, there ’s some deficiency here. This is the most visible
area then to the property to the north where they would see the loading docks. So this is where you ’re
asking about the change in grade from the railroad tracks.
Mayor Furlong: Right.
Kate Aanenson: Right, so you ’re right. At that elevation.
Mayor Furlong: How much higher are the railroad tracks there above the surface, the drive area?
Kate Aanenson: Yeah, about 15 to 20.
Mayor Furlong: 15 to 20? And how tall is the building itself?
Kate Aanenson: Yeah, correct. 24 feet. So with that we did put the findings in for the subdivision and
for the architecture. Again worked through a lot of issues here the last few weeks trying to resolve some
grading issues and retaining wall issues but I think we ’ve accomplished that and we also have a
development contract for you to approve so there ’s the preliminary plat. Preliminary and final plat and
the approval of the development contract and then approval of the Metropolitan Council Environmental
Services so it should say preliminary and final plat on that first one.
Mayor Furlong: Okay.
Kate Aanenson: So with that I ’d be happy to answer any questions that you may have.
Mayor Furlong: Thank you. Any questions for staff at this time? Mr. Laufenburger.
Chanhassen City Council – November 12, 2013
5
Councilman Laufenburger: I just have one Mr. Mayor. Kate is this action tonight, specifically I ’m
referring to the approval of the Met Council Environmental Services Sewer and Maintenance Agreement,
is the action the City takes tonight final action or does this action have to go in front of the Metropolitan
Council?
Kate Aanenson: I ’m not sure if it ’s in the, what it states in the development contract. If that ’s been
approved. Maybe the City Engineer.
Paul Oehme: Mayor, City Council members. I think that ’s a staff approved agreement for the connection
so it ’s.
Mayor Furlong: At the Met Council level.
Councilman Laufenburger: Oh, it ’s already been approved and we ’re just using language that they?
Paul Oehme: Yeah, it ’s a standard agreement that Met Council gives to local entities to connect into their
sewer system.
Kate Aanenson: I think one of the issues that came up too is that we need to provide an additional
easement because the Metropolitan Council wanted to make sure that they had an easement to get to that
because it does become public. Originally it was going to be a private connection and that was one of the
additional things that we put into the development contract so there is an easement covering that because
it now becomes a public.
Councilman Laufenburger: Okay. And I lied. I have a second question Mr. Mayor. I noticed that there
are park fees associated with this.
Kate Aanenson: This is correct.
Councilman Laufenburger: Is that correct?
Kate Aanenson: Yes.
Councilman Laufenburger: But there is no, there ’s no park land give away or anything or exchange or
anything like that, is that correct?
Kate Aanenson: No. No. For the conservation of the additional 4 acres, that was incorporated into the
stormwater fees because that area is being preserved and have the trees.
Councilman Laufenburger: That was the discount to the stormwater fees.
Kate Aanenson: Correct.
Councilman Laufenburger: Was the $60,000 or something like that.
Kate Aanenson: That ’s correct.
Councilman Laufenburger: Okay. Thank you Kate.
Mayor Furlong: Any other questions for staff at this point? I want to get back to questions on the
northern landscaping. It ’s requirement number, or condition number 3 under landscaping. Page 17 of the
Chanhassen City Council – November 12, 2013
6
Planning Commission staff report and I guess my question is, is this, it talks about the north and east
property lines so it ’s the green area that you have there. Does the east property line, does that include
Powers Boulevard?
Kate Aanenson: Correct.
Mayor Furlong: For this condition.
Kate Aanenson: Yeah. I think one of the things.
Mayor Furlong: And is there, I ’m sorry. Go ahead.
Kate Aanenson: One of the things we looked at with the change in grading is that probably putting some
sort of native vegetation up there. Something that doesn ’t have to be mowed because now we ’re going to
be a little bit steeper right there so we ’ll be working with the applicant to put something in there that ’s
really low maintenance. Probably it ’s not somewhere you want to mow but something that ’s a vegetative
cover. Because of the elevation that I showed you, you ’re really not going to have a lot of sight lines of
that.
Mayor Furlong: Right.
Kate Aanenson: So I don ’t think that it ’s a big issue as really modifying it to the back. We did go over to
the parking lot to the north of that site and you are looking towards those loading docks, and I know that
was a complexity with the retaining wall. Trying to find that space so we are working with the developer
to find that right balance on that.
Mayor Furlong: And I guess that ’s the question not, on the property to the north and it looks like that ’s
the back end, the loading docks of another industrial building.
Kate Aanenson: Yeah.
Mayor Furlong: Is that property higher or at the same grade as the railroad tracks or is that also lower?
Kate Aanenson: It ’s also lower. I can show that in the first photo. Yeah, the building sits in the middle
of that.
Mayor Furlong: Yeah.
Kate Aanenson: But then there ’s parking on either side.
Mayor Furlong: Yeah.
Kate Aanenson: So again trying to find that. It ’s definitely lower.
Mayor Furlong: I guess my question there, if there ’s a question is buffer yard to me typically means
we ’re trying to buffer or hide or affect the view and I ’m not sure that there is any view or if we ’re
protecting views from parking lots and loading docks, maybe we don ’t need to be doing that if there ’s
some low maintenance planting that can be done up there. Minimize costs. I think that would make
sense from a, and I don ’t know if that condition needs to be adjusted for that.
Kate Aanenson: Probably should modify that.
Chanhassen City Council – November 12, 2013
7
Mayor Furlong: Or am I missing something there on that from a site standpoint or?
Kate Aanenson: Well there was a parking lot there and so we were just trying to find that right balance
and again this condition was put in place before we added, before the developer was notified that he had
to put a retaining wall and so no, I think if we want to modify that just to say to work with the applicant to
provide screening so we ’ll see how that retaining wall works out.
Mayor Furlong: Okay.
Kate Aanenson: They ’ve worked, tried to get that modified. Reduced a little bit the size of that retaining
wall and the length of it, yeah.
Mayor Furlong: And again I think my question is one where we ’re buffering a parking lot and loading
dock from a parking lot and loading dock so I don ’t know how much we need to be buffering from a view
standpoint. But certainly from erosion and, would be appropriate. And so on the east side, is that the
Powers Boulevard side?
Kate Aanenson: Correct.
Mayor Furlong: In this condition. And will the grading plan take out trees all the way on the east side of
the lot? Will that have to be replanted?
Kate Aanenson: Quite a bit of that.
Mayor Furlong: Or will some of those current trees be preserved?
Kate Aanenson: Well I think where the City is interested in the well site, I think the City Engineer ’s
asked that we not grade a majority of that but I think with the change in grading, some of that is going to
be changed so that ’s why we ’re saying it needs some sort of ground cover. Some sort of.
Mayor Furlong: And that makes sense. Especially on the east side I think.
Kate Aanenson: Right.
Mayor Furlong: You know appropriate landscaping there.
Kate Aanenson: So when we say landscaping now, what we ’re talking about now is probably some sort
of native vegetation.
Mayor Furlong: On the east side?
Kate Aanenson: On the east side. Yeah.
Mayor Furlong: Okay, because there are trees there now correct?
Kate Aanenson: Correct. But that.
Mayor Furlong: And maybe if you want to address this when you come up.
Kate Aanenson: Yeah. Yeah.
Chanhassen City Council – November 12, 2013
8
Brandon Champeau: Yeah I ’m Brandon Champeau. I ’m with United Properties.
Mayor Furlong: Thank you. Good evening Mr. Champeau.
Brandon Champeau: The developer and owner for the property. Or future owner for the property. Thank
you Mr. Mayor and council members. Yeah, the east side of the property the, I don ’t want to say majority
but I would say everything except for the entry roads, the main entry road and that secondary access,
we ’ll be conserving all the trees inbetween there, or conserving as much as possible.
Mayor Furlong: Okay.
Brandon Champeau: The way my civil engineer described it, he said there ’ll still be a forest in front of
the, just along Powers Boulevard there so.
Mayor Furlong: Okay. So again I think to the specific issue of landscaping on the northeast side,
working with staff but understanding the direction. I don ’t know if there ’s anything you want to add on
that specific issue. And then I would like to have you have an opportunity to address the council on
anything else you ’re interested in at this point.
Brandon Champeau: I guess yeah, the only thing I would add is that, well we appreciate all the work that
Kate and Alyson and her staff have done.
Mayor Furlong: Thank you.
Brandon Champeau: This was a very challenging site to figure out and it came down to the wire last
week but we ’re excited about the outcome and I think you know where we ’re at right now is going to
allow us to proceed with this and as a company we ’re very excited to get going so.
Mayor Furlong: Great. Anything else you can tell us about the development of the property?
Brandon Champeau: Our plan would be to b reak ground in a couple weeks on it. We still haven ’t closed
on the property so obviously we have to do that first but that will be the next step after tonight and no, I
mean I guess it ’s an exciting project. This is a market that is really difficult for tenants to find space in
and especially newer space. I mean it ’s just an established market so we ’ve had a lot of interest, even you
know with companies not even knowing if we ’re going to proceed. We ’ve got a lot of people interested
in the project so we ’re really excited to get going.
Mayor Furlong: Thank you. Any questions for Mr. Champeau from the council?
Kate Aanenson: I did kind of gloss over but it ’s 140,000 square feet. We haven ’t done that much raw so
it ’s very exciting.
Mayor Furlong: Right, it ’s a significant.
Kate Aanenson: Yeah, and he hasn ’t shared with you but he has some strong interest in some significant
users so we ’re pretty excited to again trying to keep this going and get it graded and move forward so.
Mayor Furlong: Alright, thank you. Mr. Laufenburger, did you have a question?
Councilman Laufenburger: No. 140,000 I ’m excited about the opportunity here.
Chanhassen City Council – November 12, 2013
9
Mayor Furlong: Absolutely. Any other questions for Mr. Champeau? Thank you.
Brandon Champeau: Thank you.
Mayor Furlong: Appreciate it. Let ’s bring it back to council then for comments and discussion.
Thoughts and comments. Mr. Laufenburger, why don ’t you just start.
Councilman Laufenburger: Yeah, I did have a question for Mr. Oehme. The Outlot B, which is identified
as a potential site for a future well, is there anything that we have to do to validate or qualify that
particular location for the well? Are we confident that the aquifer ’s down there and a reasonable length,
etc?
Paul Oehme: Yep Mr. Laufenburger, it was probably about 5 years ago, 6 years ago that the City did
initiate a well study for the community and this site was identified as a high valued site for future wells.
For a future well. You know especially if the future well would be a Jordan well, the Jordan in that area
is fairly consistent. It ’s kind of a known quantity so we ’re fairly confident that if a well would go in there
in the future, especially in a Jordan, it would be a good producer.
Councilman Laufenburger: And the size of the Outlot is sufficient to support a well and all of the
machinations that would be needed for that, is that correct?
Paul Oehme: Right, I believe it is. The size of the outlot was sized specifically for the necessary setbacks.
Setbacks that are required for the …
Councilman Laufenburger: Thank you Mr. Oehme. Well Mr. Mayor I, as I was reviewing this in the
packet and heard rumblings about this, this is a wonderful, will be a wonderful addition. I ’m excited for
United Properties and all of the people that potentially will be stepping in here for, be it for retail or for
warehousing, as Mr. Champeau has said. There ’s need for this type of space, especially new space. Get
some new blood, new business blood in the community so I will support this. Thank you.
Mayor Furlong: Thank you. Other comments? Councilwoman Ernst.
Councilwoman Ernst: Sure. Well it has been indicated. You know it ’s been a challenging project and I
just appreciate the collaboration with everyone involved to make such a great project so I would definitely
support the project as well.
Mayor Furlong: Thank you. Any thoughts Councilwoman Tjornhom?
Councilwoman Tjornhom: Yeah, I definitely will be supporting it also I think for all the reasons that
Councilman Laufenburger already mentioned so.
Mayor Furlong: Thank you. Mr. McDonald, any comments?
Councilman McDonald: No, I would just go along with the rest of my colleagues on the council. I think
it ’s a good opportunity and welcome to the neighborhood.
Mayor Furlong: Yeah, I concur. Appreciate, I know that it was a challenge as was mentioned and thank
you so much for working and dealing with the challenges and find solutions. This is going to be a nice
development and opportunity for more businesses to locate here or expand in the city which is what we ’re
always looking for and so very much welcome and look forward to seeing it get going here in the next
Chanhassen City Council – November 12, 2013
10
weeks. I hope that works out. So with that let ’s, why don ’t we, unless there ’s an objection I think we can
deal with all these items in a single motion. So Kate, do you mind putting that up, that motion up there
again and this is both preliminary and final for A, is that correct?
Kate Aanenson: Correct. That ’s correct.
Mayor Furlong: Entertain a motion. Would somebody like to make a motion?
Councilman McDonald: I ’ll do it.
Mayor Furlong: Mr. McDonald.
Councilman McDonald: I make a motion that the City Council approves a preliminary plat of 16.94 acres
into one lot and two outlots. Powers Pointe would be the name. Site plan approval for construction of a
140,000 square foot office warehouse building and adoption of the attached Findings of Fact. Also
approval of the development contract and plans and specifications for a public utility. And finally
approval of the Metropolitan Council Environmental Services Sewer and Maintenance Agreement.
Mayor Furlong: Thank you. And just for clarification, for A it would be preliminary and final plat, is
that correct?
Kate Aanenson: That ’s correct.
Mayor Furlong: Is what we ’re looking for tonight Mr. McDonald?
Councilman McDonald: Yes.
Mayor Furlong: And then if we can include under condition 3 under landscaping, to pick up the
comments from the notes. Our earlier comments, if that ’s okay.
Councilman McDonald: I would concur and that ’s fine with me.
Mayor Furlong: Thank you.
Councilman Laufenburger: Second.
Mayor Furlong: Motion ’s been made. Motion ’s been seconded. Thank you Mr. Laufenburger. Any
discussion on the motion? Hearing none we ’ll proceed with the vote.
Councilman McDonald moved, Councilman Laufenburger seconded that the Chanhassen City
Council approve a Preliminary and Final Plat of 16.94 acres into one lot and two outlots
(Powers Pointe); S i t e P l a n A p p r o v a l f o r c o n s t r u c t i o n o f a 1 4 0 ,0 0 0 s q u a r e -f o o t
o f f i c e /w a r e h o u s e b u i l d i n g as shown in plans dated received September 20, 2013 subject to
the following conditions, a n d a d o p t i o n o f t h e a t t a c h e d F i n d i n g s o f F a c t .
Planning
1.The applicant shall enter into a site plan agreement.
2.The architecture shall be revised to match the plan dated October 4, 2013.
Chanhassen City Council – November 12, 2013
11
3.Recycling space shall be contained within the trash enclosure located on the north side of the
building.
4.All signs including future business wall signs are required to obtain permits and meet city
standards.
Landscaping
1.The applicant shall install a total of 11 islands/peninsulas in the parking lot and 66 trees.
2.The applicant shall specify a columnar evergreen species for the northeast landscape
peninsula.
3.The applicant will work to provide screening along the north and east property lines.
4.The applicant shall correct the botanical name for Imperial honey locust in the plant
schedule.
Park
1 .A s i d e w a l k s h a l l b e p l a c e d a l o n g t h e e n t r a n c e d r i v e a t L a k e D r i v e W e s t t h a t c o n n e c t s t o C i t y
t r a i l s .
2 .F u l l p a r k f e e s i n l i e u o f p a r k l a n d d e d i c a t i o n s h a l l b e c o l l e c t e d i n f u l l a t t h e r a t e i n f o r c e u p o n
f i n a l p l a t s u b m i s s i o n a n d a p p r o v a l (2 0 1 3 r a t e a t $12,500 per acre). 12.40 x 12,500 =$155,500
B u i l d i n g
1.The buildings are required to have automatic fire extinguishing systems.
2.Building plans must be prepared and signed by design professionals licensed in the State of
Minnesota.
3.Retaining walls over four feet high must be designed by a professional engineer and a permit
must be obtained prior to construction.
4.Detailed occupancy related requirements will be addressed when complete building plans are
submitted.
5.The owner and/or their representative shall meet with the Inspections Division as soon as
possible to discuss property line issues as well as plan review and permit procedures.
Chanhassen City Council – November 12, 2013
12
E n g i n e e r i n g
1.Outlots A and B shall be deeded to the City by Limited Warranty Deed upon recording of the
final plat, subject to review of an updated title commitment to the Outlots and approval of
title by the City Attorney. A use restriction preserving the property for open space may be
recorded against Outlot A by Developer immediately prior to the recording of the Limited
Warranty Deed, provided the use restriction has been approved by the City Attorney. These
use restrictions may be modified by approval of the City and the owner of Lot 1, Block 1,
Powers Pointe. The property being conveyed to the City shall be subject to all easements of
record, provided the easement does not interfere with the City ’s intended use of Outlot A,
and a Declaration of Development Standards and Protective Covenants dated December 19,
1988, as document no. 59565. Developer shall use commercially reasonable efforts to cause
this declaration to be removed from title by a proceeding subsequent to be completed after
the plat has been recorded.
2.The sight line and turning movement information for each access must be submitted to
Carver County for review and approval.
3.The developer must obtain the necessary permits for the work within the Powers Boulevard
right of way and submit any required security before work in the right of way can commence.
4.The current streetlight locations provide adequate lighting at the proposed driveway
intersections.
5.This parcel was not assessed for the trunk watermain improvements; therefore, the City
Water Access Charge (City WAC) shall be collected with the building permit at the rates in
effect at that time.
6.The City Sewer Access Charge (City SAC) is waived because the property was assessed and
paid the trunk sanitary sewer fee with City Project 78-3.
7.The developer ’s contractor must notify the Chanhassen Utility Department a minimum of 72
hours in advance of the wet tap.
8.Prior to installation of the private watermain the developer must obtain any necessary
permissions to install the hydrant within the gas and electrical easement on the site.
9.The property owner shall pay for any costs incurred from the terms of the MCES agreement
within four (4) years of sanitary sewer connection.
10.Prior to connection the developer shall acquire the necessary permits/permissions to connect
to the Met Council sewer and must obtain an MPCA Sewer Extension permit.
11.Staff and the developer ’s engineer are working to modify the storm sewer design at the full
access to improve energy dissipation. Design changes must be completed prior to City
Council consideration of the final plat.
Chanhassen City Council – November 12, 2013
13
12.The developer must provide catch basin spacing calculations to Carver County for review
and, if necessary, provide additional catch basins prior to City Council consideration of the
final plat.
13.Upon City Council approval of the final plat, the developer is authorized to proceed with site
grading operations prior to submittal of the final plat and related documents, provided that
the project security has been submitted.
14.Before the retaining wall can be constructed the developer must obtain the necessary
approvals (if any) to install the wall within the gas and electrical easements.
15.Walls over four feet high require a building permit and must be designed by an Engineer
licensed in the State of Minnesota.
16.Temporary sediment basin(s) will be required during mass site grading.
17.Dewatering of temporary sediment basin(s) will require the use of a floating skimmer
methodology.
18.Winter shutdown will require all exposed soils to be stabilized. If soils are frozen, the site
shall be hydro mulched. If the site is snow covered the area will need to be frost seeded and
have straw mulch blown atop the snow. This shall be included as a note in the erosion
prevention and sediment control plan and within the Storm Water Pollution Prevention Plan
(SWPPP).
19.The SWPPP and all pertinent plans shall be updated to reflect that Lake Susan is within one
mile of the site, receives drainage from the site and is impaired for excess nutrients.
20.Appendix A of the General Permit Authorization to Discharge Stormwater Associated with
Construction Activity under the NPDES shall be incorporated into the Erosion Prevention
and Sediment Control Plan, the Grading Plan, the SWPPP and the storm water management
plan as well as anywhere else it applies.
21.Prior to recording of the final plat calculations shall be provided showing that one inch of
runoff from the new impervious surface is retained on site either through infiltration and/or
reuse from the underground storm sewer vaults.
22.Construction of the rain garden shall not occur until after the majority of the site is stabilized
and at least the base course is installed in the paved areas.
23.The proposed rain garden area shall be protected from construction-related activities until
such a time as it is ready to be constructed. This shall be indicated on the plans where
appropriate.
24.Best Management Practices such as j-hooked silt fence or properly sized and staked biorolls
or wattles shall be installed to break up the run on the slopes located in the southeast and
southwest corners of Lot 1.
25.The plans shall include all pertinent setbacks and buffers including:
Chanhassen City Council – November 12, 2013
14
a.Shoreland Overlay District (300 ’ from centerline of Bluff Creek)
b.Fifty (50) foot setback from Riley Creek.
c.All bluff impact zones.
d.All wetland boundaries and buffers from those boundaries.
26.Given the proximity to the wetland along Powers Boulevard, the applicant shall make
available the necessary evidence to determine that no loss of jurisdictional wetland will result
from the proposed activities.
27.Vegetative and topographic alterations shall only occur as necessary for the construction of
the facility and appurtenant infrastructure. The wall located southwesterly on the site labeled
“Wall 2 ” in the staff report, shall be relocated easterly to minimize aforementioned
alterations.
28.Tree preservation shall occur in those areas where grading is not integral to the intended
purpose or construction of the site. Tree protection fencing shall be shown on the plan and
installed concurrently with the initial erosion prevention and sediment control BMPs.
29.Stabilization of all exposed soil areas must be initiated immediately but in no case later than
seven (7) days after construction activities have permanently or temporarily ceased in that
area.
30.The $240.879.40 Surface Water Management Fee must be paid before the final plat is
recorded. The fee was calculated as follows:
Water Quality 12.4 acres($16,440/acre)= $203,856.00
Water Quantity 12.4 acres($8,110/acre)= $100,564.00
SWMP Credit 7.73acres (0.5*$16,440/acre)= -$63,540.6 ”
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
Councilman McDonald moved, Councilman Laufenburger seconded that the Chanhassen City
Council approve s the Development Contract and Construction Plans and Specifications for
Powers Pointe. All voted in favor and the motion carried unanimously with a vote of 5 to 0.
Councilman McDonald moved, Councilman Laufenburger seconded that the Chanhassen City
Council approve the attached Metropolitan Council Environmental Services Sewer
Connection and Maintenance Agreement, MCES Con nection Permit No. 1792, MCES
Interceptor No. 8253-328. All voted in favor and the motion carried unanimously with a
vote of 5 to 0.
Mayor Furlong: Thank you everyone for being involved.
RESOLUTION APPROVING CONCURRENT DETACHMENT AND ANNEXATION
OF LAND WITH THE CITY OF VICTORIA.
Kate Aanenson: Thank you Mayor, members of the City Council. This is, we haven ’t done one
of these for quite a while. An annexation detachment and this came about from working with
Chanhassen City Council – November 12, 2013
15
some of the neighbors that are kind of stuck between the two cities and so we looked at it from a
practical perspective and working with the City of Victoria came with a resolution. So what
started as a project that was done in 1958, the Pleasant Acres. This is how this subdivision
looked and then Pleasant Acres Second in 1959 included all this parcels. So everything was
going along until in 1966 Victoria did an annexation and they ran their property line right
through the middle of some of those parcels. So this red line now represents the city
jurisdictional line between Victoria and Chanhassen so it split a piece of property off from the
church. It split right down the middle of two homes and then this lot here, and what precipitated
this last discussion was this homeowner here came in trying to see if they could get a lot, they
thought they had a separate lot. When you have a lot of record then it ’s a little bit different how
you would challenge that as far as getting a building permit but as it was determined it ’s part of
the Pleasant Acres. It ’s actually one lot. It just has, it ’s taxed under two different jurisdictions.
Victoria for the vacant lot and Chanhassen for the one with the house that was on there. All of
these properties are serviced by City of Chanhassen sewer and water and they ’re also plowed by
the City. They gain access through a city street so in looking at the practicality of how those
properties are being served, this lot being in Chanhassen, a little bit more problematic because of
it ’s slope. Being able to, whether or not it can be developed or not and then this parcel to the
back in the city of Victoria and then clearing up both of these homes so they ’re under one
jurisdiction because when they go to get additions to their houses, things that would need
building permits, they come. They don ’t know if they should go to Chanhassen or Victoria so
trying to clear all that up . So between the two cities we did meet. Had a neighborhood meeting.
Only one of the neighbors showed at that meeting. We did send notice out to the 5 property
owners that were affected by this to let them know of the meeting. If they had questions. I did
send a staff report to one of the neighbors. The City of Victoria approved the resolution on their
meeting October 28 th and they also notified all the property owners that would be affected by this
potential annexation detachment. So what would the new property line would then be, the
outside of this yellow line here. Coming down, picking up all those properties and then picking
up the church piece would then now be part of the city of Chanhassen. We left these parcels off
that are in Victoria. This is a street that ’s maintained by the City of Victoria and those are all
still on septic and wells so it ’s not the same issue as far as they ’re being accessed. We ’re
plowing their streets. Providing sewer and water so we left those to be dealt with by this, as they
are with the City of Victoria. How they ’re being treated. We also did an impact, looking at the
taxes in 2013. Because this is after August 8 th , then the taxes will probably be still paid to the
same jurisdictions and that won ’t be completely rolled over until 2015. So the action that we ’re
requesting that the council take tonight is to approve the Joint Resolution that ’s required by state
statute and again the City of Victoria has approved that and I put a copy in there for your review.
So if you would approve that resolution then this would go up for the review by the
Administrative Law Judge so if you have any questions on that we would recommend that you
approve the resolution and I ’d be happy to answer any questions if you have them.
Mayor Furlong: Thank you. Any questions for staff?
Councilman McDonald: I have one question.
Mayor Furlong: Mr. McDonald.
Chanhassen City Council – November 12, 2013
16
Councilman McDonald: Have you got something that shows what the new city lines will look like as far
as the new boundaries?
Kate Aanenson: No I don ’t. Just the outside of the, outside of this yellow line following along. And
coming back and then this yellow line here.
Councilman McDonald: Okay. That ’s it. Thank you.
Mayor Furlong: No questions?
Councilman Laufenburger: I do have one yeah. Kate so this action by Victoria was done in 1966. At
that time Chanhassen was a township is that correct?
Kate Aanenson: Yes.
Councilman Laufenburger: So it ’s not like they inappropriately took some of our land. It ’s just that.
Kate Aanenson: No, if you look at the boundaries of the cities, that just went straight up and some of the
oldest parts of the city are actually that northern part of Minnewashta. Lake Minnewashta. That was
platted pretty early following along Highway 7 where there was good access so they just brought the line
straight up but they ignored the fact that they were splitting lots and the homes probably came later but
the lots were platted and so it just creates a lot of conflict.
Councilman Laufenburger: Is there any other property like this on any of our boundaries? Eden Prairie.
Minnetonka. Anything like this as far as you know?
Kate Aanenson: There might be one or two. I think some of the complexity comes in and we actually
have people are getting different taxes where they ’re split by watershed districts. If they ’re in different
watershed districts or school districts. We have some of those kind of boundaries. We are working, we
have a list of PID ’s where they ’re not assembled so we ’re trying to get those resolved with the County.
Sometimes somebody lost a piece of land that was forfeited for taxes and it really belongs with that parcel
and it ’s landlocked so we ’ll be trying to resolve those in the next year.
Councilman Laufenburger: So we deal with them as a situation comes up. In this case somebody was
looking for a permit.
Kate Aanenson: Correct, and some of the other ones we ’ve advised residents. You know we ’ve talked to
them. Brought them in. Maybe their timing isn ’t right to resolve these issues but we ’ve tried to inform
people as we become aware of them. Yep.
Councilman Laufenburger: Okay, thank you.
Kate Aanenson: But this one seemed a little bit more complicated with the lot lines going through the
house. Right through the middle of the house. We don ’t have that too often.
Councilman Laufenburger: How do they know where they live right?
Kate Aanenson: And vote.
Councilman Laufenburger: Now they will.
Chanhassen City Council – November 12, 2013
17
Mayor Furlong: Now they will.
Councilman Laufenburger: Thank you very much Kate. Thank you Mr. Mayor.
Mayor Furlong: Any other questions? Comments. Kate, thank you and also please extend our
appreciation to your counter part in Victoria.
Kate Aanenson: Yeah, Holly did a lot of work on this too.
Mayor Furlong: I think this is good government when we can clean these things up and do it in a way
that makes sense for everybody so just thank you for doing this and I appreciate the City of Victoria as
well for their working on this with us. With that if there are no other comments, I ’d be happy to entertain
a motion.
Councilwoman Ernst: Sure Mayor I ’ll make it.
Mayor Furlong: Councilwoman Ernst.
Councilwoman Ernst: I make a motion that City Council approve a resolution for the concurrent
detachment and annexation of land with the City of Victoria.
Mayor Furlong: Thank you. Is there a second?
Councilman McDonald: Second.
Mayor Furlong: Motion ’s been made and seconded. Any discussion? Seeing none we ’ll proceed with
the vote.
Resolution #2013-58: Councilwoman Ernst moved, Councilman McDonald seconded that the City
Council approve a resolution authorizing the concurrent detachment of land from Victoria and
annexation to Chanhassen. All voted in favor and the motion carried unanimously with a vote of 5
to 0.
COUNCIL PRESENTATIONS.
Councilman McDonald: If I could, what I would like to bring out is that yesterday Councilman
Laufenburger and I attended the Veteran ’s Day program over at Chapel Hill and all I can say is you know
speaking as a veteran and also as a City Council member I was very impressed by the program. I think
they do an excellent job of bringing in veterans from throughout the community. They had a number of
little skits and plays that again the school participated in. The students there were just amazing and I
mean the patriotism you can almost feel it so I was very proud to you know represent the City and to go
there and I would encourage everyone to go next year when they do this. This is an annual program but it
was just amazing to meet the people who were there and participate in a program so my hat ’s off to
Chapel Hill. It was a very, very good program. It ’s not to take away from Saturday ’s program but I ’ll let
Mr. Laufenburger talk about that one.
Mayor Furlong: Mr. Laufenburger.
Councilman Laufenburger: Actually I was going to leave the Saturday program to be talked about by
either you or my other two colleagues but I was at Crown College yesterday and they had a similar
program. They didn ’t have the same age group of kids at Crown College as they did at Chapel Hill
Chanhassen City Council – November 12, 2013
18
Academy but nonetheless the program was very good. Former council member of City of Chanhassen,
Council Bob Ayotte spoke and shared some very valuable insights on the importance of recognizing
veterans for their service and it just reminded me of another attempt on the part of President Joel Wiggins
to make that college open to the community so that was done very, very well. And there was something
on Saturday but I don ’t recall all of that.
Mayor Furlong: Councilwoman Ernst.
Councilwoman Ernst: Well I ’ll defer to the Mayor to make the comments on Saturday ’s event. For the
breakfast.
Mayor Furlong: That ’s fine. Beyond the Yellow Ribbon Chanhassen put on a great breakfast in
cooperation with the American Legion for about 120 people at the American Legion to honor and show
our community ’s appreciation for the veterans. This is the second annual breakfast, Military Appreciation
Breakfast by the Beyond the Yellow Ribbon group and well attended. Other than the welcome very good
speeches, and I say that in jest. It was great to appreciate and to show recognition for everybody. And
then on top of that I know Mr. Laufenburger and I also attended an event yesterday morning at Chaska
Middle School West, which is also, these are middle school students now did a great job of bringing in
probably about 30 to 40 veterans I would assume, if my math is correct and very, very well done again
and the band played and the choir sang and there was a soloist, some speeches and just another great
event. And I think all of these together are great, shows just the overall appreciation within our
community for those who are serving and have served and for their families too. It ’s not just the
individual serviceman or servicewoman that makes that commitment but it ’s the family as well so great
event. Glad to hear about it and hope to continue participating in those going forward. Other comments,
council presentations? One thing just a quick comment of thanks and appreciation to all the people who
participated in the November 5 th election for the school board and school referendums. Glad to see that
participation was as high as it was so thank you to everybody that participated and voted.
ADMINISTRATIVE PRESENTATIONS.
Todd Gerhardt: Just an update. I think it was at our last council meeting we were going to call for a
public hearing for the sale of bonds to kind of extend out the payments for the 212 improvements. Sewer
and water into the 2005 MUSA area. Since the last meeting additional payments did come in so the
dollars to pay off those bonds are probably at the level where we don ’t need to sale bonds and so we have
cancelled that bond sale and will be looking to fund it internally. Any questions on that?
Mayor Furlong: Questions?
Councilman Laufenburger: Yeah just Mr. Mayor.
Mayor Furlong: Yeah.
Councilman Laufenburger: Mr. Gerhardt. The fact that we have those funds, will there be any savings
for the City as a result of that?
Todd Gerhardt: Yes. Significant savings. Just the bond sale itself would probably be in the $45,000
range and then the additional interest that we ’d have to pay for that extension is probably in the six figure.
Councilman Laufenburger: Okay. So that represents, that ’s a good amount of money but we ’re not
putting that fund at risk by using those monies, is that correct?
Chanhassen City Council – November 12, 2013
19
Todd Gerhardt: No. No.
Councilman Laufenburger: Okay. Alright, thank you. Nice job.
Mayor Furlong: Thank you. Any questions for Mr. Gerhardt or his staff? Mr. Oehme, any updates on
the street projects. Various street projects and road projects in town.
Paul Oehme: Sure. Mayor, City Council members. The big 101 project down to Pioneer Trail, most of
that roadway has now been paved for the year. Everything ’s 4 lane pavement was put in last week down
to 96 th Street. They are going to be paving a little transition section south of 96 th Street this week.
Striping should go on the following week and signage so we ’re anticipating opening up 101 later half of
the third week of November. The 21 st or 22 nd so we ’ll get notification out when we know, when the time
gets closer to exact date when that will be open so.
Mayor Furlong: Good. Thank you. Pleasant View and 101 project.
Paul Oehme: Pleasant View and 101, the striping contractor said he ’s going to be out there tomorrow
striping the lanes so we can get the barrels off the Highway 101 so, and restoration crews, trees should be
going in this weekend or next.
Mayor Furlong: Very good. Any outstanding issues on the neighborhood projects this year? Melody
Hills.
Paul Oehme: Melody Hills.
Mayor Furlong: Not specifically that one but the 4 or 5 neighborhoods.
Paul Oehme: Sure. That project more or less wrapped up for the year but there ’s still a bunch of punch
list items that need to take place and then some restoration that ’s going in next year now but you know
we ’re pretty much done with that project for the year.
Mayor Furlong: Great, thank you. Very good.
CORRESPONDENCE DISCUSSION. None.
Mayor Furlong: If there ’s nothing else to come before the council, we will continue our work session
item that we recessed in the Fountain Conference Room immediately following tonight ’s meeting, but at
this time is there a motion to adjourn?
Councilwoman Ernst 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 at 7:45 p.m.
Submitted by Todd Gerhardt
City Manager
Prepared by Nann Opheim
CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
SUMMARY MINUTES
NOVEMBER 5, 2013
Chairman Aller called the meeting to order at 8 :00 p.m.
MEMBERS PRESENT: Andrew Aller, Mark Undestad, Lisa Hokkanen, Maryam Yusuf, Stephen
Withrow, and Steven Weick
MEMBERS ABSENT: Kim Tennyson
STAFF PRESENT: Kate Aanenson, Community Development Director; Bob Generous, Senior Planner;
Sharmeen Al-Jaff, Senior Planner; and Alyson Fauske, Assistant City Engineer
PUBLIC PRESENT:
Doug Allen 2250 Lukewood Drive
Mike Hodges 8101 Pinewood Circle
Chuck Sohn 2351 Lukewood Drive
John Noller 2381 Timberwood Drive
J.B. Ryan 8121 Pinewood Circle
PUBLIC HEARING:
CHANHASSEN PIONEER CEMETERY: REVIEW OF CITY CEMETERY PROPERTY ON
PROPERTY LOCATED AT 8151 GALPIN BOULEVARD. APPLICANT/OWNER: CITY OF
CHANHASSEN, PLANNING CASE 2013-24.
Commission Withrow was not present to vote on this item.
Kate Aanenson presented the staff report on this item. In referencing the email that was received from
Brian Johnson, Commissioner Yusuf asked about the question of an economic impact study.
Commissioner s Weick and Undestad asked for clarification of the buffering plan. Chairman Aller opened
the public hearing. Doug Allen, 2250 Lukewood Drive asked for clarification on why the plots shaded
green were currently not in use and budget questions before explain ing that he was opposed to this
expansion and had concerns with the buffering. Mike Hodges, 8101 Pinewood Circle outlined his reasons
for opposing the expansion and removal of trees. Chuck Sohn, 2351 Lukewood Drive stated his
opposition to the expansion. John Noller, 2381 Timberwood Drive asked for clarification on the number
of graves being added, funding sources, tim ing for planning the buffer area before going on record saying
he and his family oppose this expansion. He expressed concern with the City crews depositing debris in
the buffer area, increase in traffic on Galpin, and asked that a barrier be placed on the north side of the
cemetery. J.B. Ryan, 8121 Pinewood Circle stated concern that there was nowhere to park on Galpin
Boulevard . Chairman Aller closed the public hearing. Commissioner Undestad expressed support for
expansion of the cemetery but noted that parking needs to be addressed. Commissioner Hokkanen asked
that tree removal and parking be looked at further. Commissioner Weick suggested incorporating a plan
that increases the number of plots to satisfy th e need for the City as well as maintain some of the beauty
of the existing space for the neighbors. Chairman Aller agreed that parking needs to be reviewe d and
commented on the buffer before noting this item will move forward to the City Council with the
comments provided.
Commissioner Withrow returned to the commission for the rest of the agenda.
Planning Commission Summary – November 5, 2013
2
PUBLIC HEARING:
VARIANCE: REQUEST FOR A VARIANCE FROM SECTION 20-615 OF THE CHANHASSEN
CITY CODE TO CONSTRUCT A DETACHED GARAGE ON PROPERTY ZONED
RESIDENTIAL SINGLE FAMILY (RSF) AND LOCATED AT 6780 LOTUS TRAIL.
APPLICANT: PETER ROCHFORD/LISA THOMPSON. OWNER: LISA THOMPSON,
PLANNING CASE 2013-22.
Bob Generous presented the staff report on this item. Chairman Aller asked for clarification of the
previous variance that was granted and what is being requested now . Commissioner Withrow asked for
clarification o n the location of the proposed garage. The applicant was not present to speak. Chairman
Aller opened the public hearing. German Sugura, 750 Carver Beach Road stated his reasons for
opposing this variance request. Chairman Aller closed the public hearing and noted for the record the
email received from Bruce Johansson dated November 4, 2013 objecting to this variance request.
Hokkanen moved, Yusuf seconded that the Chanhassen Board of Appeals and Adjustments denies
the variance request to construct a 27 foot by 24 foot detached accessory structure 18 feet from the
front property line and adopts the attached Findings of Fact and Decision. All voted in favor and
the motion carried unanimously with a vote of 6 to 0.
PUBLIC HEARING:
VARIANCE: REQUEST FOR A VARIANCE FROM THE LAKESIDE PLANNED UNIT
DEVELOPMENT PERIMETER SETBACK STANDARDS TO CONSTRUCT A THREE-UNIT
TOWNHOME ON PROPERTY ZONED PLANNED UNIT DEVELOPMENT-RESIDENTIAL
(PUD-R) AND LOCATED ON LOTS 1, 2 AND 3, BLOCK 1, LAKESIDE SECOND ADDITION.
APPLICANT: JOHN ARTHUR HOMES. OWNER: LAND HOLD CO., INC., PLANNING
CASE 2013-21.
Bob Generous presented the staff report on this item. Commissioner Withrow asked for clarification of
the setback requirements for different housing types (two-unit versus three-unit). Art Plante from John
Arthur Homes described the housing design being proposed. Chairman Aller opened the public hearing.
No one spoke and the public hearing was closed.
Withrow moved, Yusuf seconded that the Chanhassen Board of Appeals and Adjustments approves
the variance to the perimeter setback requirement to construct a three-unit townhouse subject to
the following conditions and adopts the Findings of Fact and Decision:
1.The minimum setback from the eastern perimeter property line shall be 44.3 feet for building,
decks, patios, porches and stoops.
2.The applicant must apply for a separate building permit.
All voted in favor and the motion carried unanimously with a vote of 6 to 0.
PUBLIC HEARING:
CHANHASSEN GREAT PLAINS CENTER: REQUEST FOR SITE PLAN REVIEW WITH
VARIANCES FOR A 10,443 SQUARE-FOOT SINGLE-LEVEL RETAILCENTER ON 1.13
ACRES OF PROPERTY ZONED HIGHWAY AND BUSINESS SERVICES DISTRICT (BH)
AND LOCATED AT 7905 GREAT PLAINS BOULEVARD (BP GAS STATION SITE).
APPLICANT: NHH CHANHASSEN PARTNERS, LLC. OWNER: CAMELOT CONV.
QUALITY FUEL & FOOD, PLANNING CASE 2013-23.
Planning Commission Summary – November 5, 2013
3
Sharmeen Al-Jaff presented the staff report on this item. Commissioner Yusuf asked staff for further
information on the biofiltration area . Dean Dovolis with DJR Architecture reviewed highlights of the
proposed site plan. Chairman Aller opened the public hearing. No one spoke and the public hearing was
closed.
Yusuf moved, Undestad seconded that the Chanhassen Planning Commission recommends the City
Council approve a Site Plan for the construction of a 10,443 square foot single level retail center on
1.13 acres of property zoned Highway and Business Services District (BH) located at 7905 Great
Plains Boulevard (BP gas station site) as shown in plans dated Received October 4, 2013; and
adoption of the attached Findings of Fact and Recommendations, subject to the following
conditions:
E n v i r o n m e n t a l R e s o u r c e C o n d i t i o n s :
1.The applicant shall install a total of two peninsulas in the parking lot.
2.The south side of the parking lot along Highway 5 must be screened. The applicant shall add
shrubs with a minimum mature height of three feet along the south parking lot perimeter.
3.The applicant shall install the required bufferyard plantings along the south property line.
4.The applicant shall install two evergreens on the eastern corner of the property.
5.The applicant shall remove the existing ash tree along Great Plains Boulevard and replace it
with an overstory tree species from the Approved Tree List.
B u i l d i n g O f f i c i a l C o n d i t i o n s :
1.The proposed structure is required to have an automatic fire extinguishing system (MN Rule
1306).
2.All plans must be prepared and signed by design professionals licensed in the State of
Minnesota. A geotechnical (soil evaluation) report required.
3.Detailed building code-related requirements have not been reviewed; this will take place
when complete structural/architectural plans are submitted.
4.Demolition permit required (contact MPCA regarding underground, fuel storage tanks
removal requirements).
5.The owner and/or their representative shall meet with the Inspections Division as soon as
possible to discuss plan review and permit procedures.
F i r e M a r s h a l C o n d i t i o n s :
1.An additional on-site fire hydrant will be required. Location to be on the north/west corner
of the building. If necessary contact Fire Marshal for exact location.
Planning Commission Summary – November 5, 2013
4
2.Yellow painted curbing will be required. Areas include but not limited to are the curbing
north of the building. Contact Fire Marshal for exact location. Also “ No Parking Fire Lane ”
signs will be required where yellow cubing is present.
3.A three-foot clear space must be maintained around fire hydrant.
Engineering Conditions :
1.The sidewalk must be minimum five feet from the edge Great Plains Boulevard and the right
turn lane.
2.A sidewalk easement is required over any portion of the sidewalk that does not lie within
public right-of-way.
3.The sidewalk easement shall extend five feet beyond the edge of the sidewalk.
4.The developer must obtain a MnDOT permit for the portions of the sidewalks that will be
within MnDOT right-of-way.
5.Prior to construction of the trash enclosure an encroachment agreement must be recorded to
allow for the portion of the trash enclosure that will lie within the sanitary sewer easement.
6.A $7,600 security must be submitted to ensure that Great Plains Boulevard is properly
restored after the utility work. This escrow will be released if the street patch is in good
condition after one freeze-thaw cycle has passed.
7.The sanitary sewer line must be televised before and after construction to ensure that the
grading equipment does not damage the sanitary sewer.
8.Before the city signs the site plan agreement a $7,500 security must be submitted in case of
damage to the existing sanitary sewer.
9.The existing sanitary sewer manhole in the northeast corner must be reconstructed due to the
proposed grade changes in the area.
10.City water and sanitary sewer hook-up fees and the Met Council SAC fee will be due with
the building permit and will be based on additional SAC units, if any.
11.Before site grading can commence the grading plan must be revised as follows:
a.Label the existing contours.
b.Label the Emergency Overflow (EOF) elevation.
c.Ensure that the lowest opening of the building is minimum one foot above the EOF
elevation.
d.Ensure that all proposed contours tie into existing (for example, the proposed 954 contour
south of the EOF does not tie in).
a.Revise the grading on the northeast corner of the site so that the proposed grades do not
exceed 3H:1V.
Planning Commission Summary – November 5, 2013
5
12.Storm water runoff rates must not increase under the 2-year, 10-year and 100-year return
interval storms at any point where water leaves the site.
13.A Phase 1 Environmental Site Assessment must be performed on this site and made available
to the city to determine the likelihood of encountering contaminated soils at the proposed
biofiltration location.
14.The hydraulic calculations for the storm sewer shall be provided and approved prior to the
city signing the site plan agreement.
15.The SWPPP must include all required elements under the NPDES Construction Stormwater
Permit.
16.Rock construction entrance shall be measured from the bituminous saw cut.
17.The biofiltration area shall not be constructed until after the site is substantially completed.
At a minimum, the base course shall be installed prior to construction of the biofiltration
area.
18.The biofiltration area shall be protected from construction-related activities throughout site
development. The SWPPP and Erosion Prevention and Sediment Control Plan must indicate
how this will be accomplished.
19.Before the City signs the site plan agreement a $5,000 security must be submitted to insure
compliance with the erosion prevention and sediment control plan. This will be released
once a minimum of 75% of the site has been permanently stabilized and the sediment control
BMPs have been removed.
20.The owner shall be responsible for the operations and maintenance of the rain garden facility.
The applicant shall develop an operations and maintenance manual and provide a copy to the
city prior to the City signing the site plan agreement.
21.The owner shall prepare and submit an annual report indicating that the biofiltration is
functioning properly or, in the event it is not, what steps area planned to restore the
functionality of the biofiltration feature.
Planning Conditions :
1.The applicant shall work with staff to improve the screening of the parking lot through the
use of berming and landscaping. Parking setbacks will be adjusted based on the screening
plan.
2.All rooftop and ground equipment must be screened from views.
3.Sign illumination and design shall comply with ordinance. Signs shall be limited to the north
and south elevations.
4.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.
Planning Commission Summary – November 5, 2013
6
5.A photometrics plan shall be prepared for the site. Light levels for site lighting shall be no
more than one-half foot candle at the project perimeter property line. This does not apply to
street lighting. All fixtures must be shielded.
6.The proposed development has a total hard coverage area of 67.2%. The applicant shall
revise the plan to meet hard surface coverage ordinance requirements not to exceed 65%.
7.Snow storage shall not create a hazard to the safe, efficient movement of vehicular or
pedestrian traffic.”
All voted in favor and the motion carried unanimously with a vote of 6 to 0.
Kate Aanenson thanked Sharmeen Al-Jaff for the good work she has done on this and other projects .
APPROVAL OF MINUTES: Commissioner Hokkanen noted the verbatim and summary Minutes
of the Planning Commission meeting dated October 15, 2013 as presented.
COMMISSION PRESENTATIONS. None.
ADMINISTRATIVE PRESENTATIONS. Kate Aanenson provided an update on action taken by the
City Council on Planning Commission items and discussed future Planning Commission agenda items.
Undestad moved, Hokkanen seconded to adjourn the meeting. All voted in favor and the motion
carried unanimously with a vote of 6 to 0. The Planning Commission meeting was adjourned at
9:20 p.m.
Submitted by Kate Aanenson
Community Development Director
Prepared by Nann Opheim
CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
NOVEMBER 5, 2013
Chairman Aller called the meeting to order at 8 :00 p.m.
MEMBERS PRESENT: Andrew Aller, Mark Undestad, Lisa Hokkanen, Maryam Yusuf, Stephen
Withrow, and Steven Weick
MEMBERS ABSENT: Kim Tennyson
STAFF PRESENT: Kate Aanenson, Community Development Director; Bob Generous, Senior Planner;
Sharmeen Al-Jaff, Senior Planner; and Alyson Fauske, Assistant City Engineer
PUBLIC PRESENT:
Doug Allen 2250 Lukewood Drive
Mike Hodges 8101 Pinewood Circle
Chuck Sohn 2351 Lukewood Drive
John Noller 2381 Timberwood Drive
J.B. Ryan 8121 Pinewood Circle
PUBLIC HEARING:
CHANHASSEN PIONEER CEMETERY: REVIEW OF CITY CEMETERY PROPERTY ON
PROPERTY LOCATED AT 8151 GALPIN BOULEVARD. APPLICANT/OWNER: CITY OF
CHANHASSEN, PLANNING CASE 2013-24.
Commissioner Withrow was not present to vote on this item.
Aanenson: Thank you Mr. Chairman, members of the Planning Commission. This item is before you
today to gather input for the level of discretion is really you ’re acting as an advisory capacity to the City
Council and so whatever, whether it ’s not similar. It ’s different than what you would do as a variance
application or subdivision where you have to have a certain percentage to move forward so really all
you ’re doing is just giving your input to the City Council. Again acting as advisory. I did include that
chapter under your powers and duties so some of this, whatever you recommend forward will then also be
taken under advisement as the City Council reviews their application. So this is scheduled, for anybody
following this item, it is scheduled to go forward to the City Council on November 25 th . So the subject
site is located on 8151 Galpin Boulevard. There ’s actually two parcels and I ’ll go into a little bit more
detail on the parcels and the description and the history in a moment but as we sent this notice out, again
with this process we put a notice out, as our typical process, and to everyone within 500 feet but we also
put a sign out there. We did receive a number of calls because the sign was out there, concerned that we
were moving the cemetery. No we ’re not moving the cemetery so of the 25 plus calls most of them were
just general information. Wanted to know what the City was doing. I explained to them what was
identified in the staff report as far as proposals. Again nobody objected to that part of it and we also did
receive a number of inquiries about additional plots that may be available. So with that I ’ll go through a
little bit of the history of the cemetery itself. As stated in the staff report it was established in 1861 by the
early pioneers of Chanhassen and in 1987 the p rivate c emetery a ssociation requested that the City take
over ownership and maintenance of the cemetery. The membership was aging and was not capable of
doing it any longer so they asked the City to take it over and turned over what they had left in their
treasury which was about $16,000. So the City ’s responsible for marking the graves and monument
placement, mowing and maintaining of the site, and working with funeral directors for record keeping and
Chanhassen Planning Commission – November 5, 2013
2
the like. So the oldest grave was from 1855 and that was actually in this area right here and so that was
originally was outside of actually the boundaries of the cemetery because this part was established in
1961. 1861, excuse me. So when the Timberwood Estates plat came in, the City worked, so that would
be this exception right here was the original 1861 establishment so when Timberwood came in it was
discussed whether or not they could make the cemetery bigger. At that time the 2 1/2 acre minimum lot
size was required and the developer didn ’t want to lose an additional lot so in working through that,
because this property already had graves on it, the legal opinion by the city attorney at that time was that
that was eminent domain and they took, worked with the developer and go this piece of property added to
the cemetery in 1988 simultaneously really with the Timberwood Estates subdivision so this comprises,
these two parcels comprise then the 1.75 acres of the cemetery itself. I did attach the city ordinance as
part of the staff report. That ’s Chapter 8 that guides the rules of the city cemetery. Again this is unique in
the fact that specific rules regarding this specific cemetery. As you may or may not be aware, we do have
the St. Hubert ’s cemetery which is a conditional use and is governed by a different set of rules but this is
what was put in place for the cemetery and has not been changed since it was adopted in 1988. So just for
your edification I did include that how it ’s being operated and maintained and if anybody has questions
on that, I will answer that. So in looking at the cemetery itself and the boundaries of the property the City
did a tree survey on the property and the trees shown in red are some were some of the significant trees
that wanted to be saved. There ’s a lot of buckthorn that ’s in the area that ’s creating some conflict with
trees that are already pla t ted in the area. Certainly there ’s trees that are there right now that have been,
plots have not been used because significant trees are in the area and that would continue to be in place
but as the City moves forward it is determined that there ’s 32 trees on the eastern property line and only 8
of them are desirable species so those are the ones shown in red. And many of the box elders or the
poplars or the ash trees are either small or not structurally sound so, and also there ’s thick buckthorn in
the area. I did pass out to you some comments from the neighbors regarding the buffer treatment itself
and as you know when we do subdivisions it comes up often that the neighboring properties wants to
make sure that no trees are cut down on someone else ’s property and I think that ’s a conflict we work
through all the time and that was the goal with this process is to try to find a way to create that buffer
along the property line of the adjoining properties to make sure that there ’s adequate buffer and provide
some screening in that location. In looking at.
Aller: Can I ask a question? With regard to the buffer, even though you ’re suggesting that there ’s an
adequate buffer, the code doesn ’t seem to require a buffer for this property.
Aanenson: That ’s correct. You have low density, low density. You ’re looking at grave stones which are
pretty low profile. In looking at the elevation it ’s dropping from the property immediately to the east
down towards Galpin Boulevard, about 10 feet as you go towards Galpin so it ’s sloping down. So the
goal would be to put landscaping along this perimeter so what the City ’s desires are, we do have this
property corner marked is to identify this property corner. Get that surveyed. Survey the additional
available plots in that area. Again there is a demand for additional grave sites. This is about 60 feet,
which is approximately what this line to right here is. So the whole depth of that site is about 250 feet.
The whole depth of that property so that ’s an additional 60 feet. By planting, by cleaning up the site now
and getting those trees planted it provides for a greater buffer into the future as that, to get the maturity
going as that would move forward. So that would be the goal. Again because there is low density, low
density we want to be a good neighbor and create that buffer and as you recall when we ’ve done low
density subdivisions we ’ve always asked the neighboring property to take that into consideration too so
that would be the recommendation. So the goal is that there ’s currently 720 plotted graves on the site and
there ’s, so you can see of the yellow ones are already platted. The green ones are in a tree line so to clean
that up would allow those, they ’re platted but there ’s trees in the way. The buckthorn and the like that
would need to be cleaned up to move and then the additional one shown in red which is another 216
would be the ones that would be surveyed at the time that we would survey this line and create those
additional plots. Again I did pass out to you an email I did receive and if you have questions on that I ’d
Chanhassen Planning Commission – November 5, 2013
3
be happy to address some of the issues in there so I ’ll leave that up to you Mr. Chair how you ’d like me to
do that but I ’d be happy to go through some of the points in that.
Aller: I would just note that for the record we did receive the email dated Tuesday, November 5, 2013,
time stamped at 7:10 a.m. and it will be part of the record. It has been received. It has been read and if
you ’d like to address anything you feel is particularly important or, does anybody have any questions?
Aanenson: Well, yeah. I mean if anybody has any questions I guess I ’ll take it from there. If somebody
wants me to address something specifically that was in there.
Aller: Having read it I don ’t but.
Yusuf: I have just one question.
Aanenson: Sure.
Yusuf: On this email the question is asked whether an economic study, economic impact study was
performed or conducted. Was there one?
Aanenson: No. The City has had the property for a number of years. They ’re in the business. If
someone would request that I don ’t think the Planning Commission would do that. If you want to make
that a request to the City Council that they would do that and figure out the price of, that they want, if
they want to do something for that. You can make that, certainly that can be one of your
recommendations that they do that. But whether or not we were to move forward the City is always going
to have to maintain their entire property.
Aller: Right.
Aanenson: Is there any other questions on that per se?
Weick: I do. Is the plan for buffering just to keep the trees that are in red?
Aanenson: No. The ones in red would be future graves. About 216.
Weick: No, no, no, no.
Aller: On the tree survey.
Weick: On the tree survey.
Aanenson: On the tree survey, I ’m survey. No, no, no. That would just, I ’m sorry. Go back to this.
Aller: Those are the.
Aanenson: Desirable trees that we try to save that are on the site so the additional buffering would be you
know what ’s kind of in place right here. Put this with entire evergreens along this border here and then in
looking at this area here, I ’m not sure we would need evergreens in talking to the forester. Maybe
something lower profile. Maybe not quite as tall that would be in this area here along the Lukewood
Drive site and that ’s something that we could certainly work with the neighborhood on to show them
some different iterations of that buffer and how that would work and get their input on that. So with that
Mr. Chairman we are recommending that you know, that the City staff would like to pursue then
Chanhassen Planning Commission – November 5, 2013
4
surveying the site. Going ahead and moving with the tree removal and platting these extra grave stones
and then working with the neighborhoods again to get the adequate buffer and with that I ’d be happy to
answer any questions that you have.
Aller: You ’ve answered mine.
Undestad: I just had one question. Do you know what the depth is from the red? I mean what the buffer
area, how wide is that?
Aanenson: Between the red here?
Undestad: Do we know yet?
Aanenson: Well this whole, right through here is about 60 feet so between the last grave stone and maybe
10 feet.
Undestad: Okay.
Aller: Anything? Alright, having no further questions from the members what I ’ll do is open the public
hearing. Anyone from the audience wishing to come forward to speak for or against the motion before
the board. Yes sir, please come forward and state your name and address for the record.
Doug Allen: My name ’s Doug Allen. I live at 2250 Lukewood Drive, which is not shown on here. Had
a question then a comment. The question is, go back to the so you can see I ’m to the east. The cemetery
doesn ’t border my property but if we could go back to the slide that showed the, that shows the different
grave sites. The ones that are in green currently, are those plots currently, they ’re in the tree line. Are
they currently owned by anyone other than the City? Are they sold? Why are they not in use?
Aanenson: There ’s trees there right now and so I think now that all the other plots have been sold, they
have …
Doug Allen: Okay, so those are.
Aanenson: But they are platted.
Doug Allen: They ’re platted but they ’re currently not sold.
Aanenson: Correct.
Doug Allen: Okay.
Aanenson: I don ’t know if that ’s true or not. I do not know if they ’re sold or not. I know they ’re platted.
Doug Allen: Okay. What ’s, and then the other question I have, and I haven ’t looked at the budget.
Currently what does the City spend to maintain the cemetery.
Aanenson: I do not have that information.
Doug Allen: Okay, and we don ’t know then with the additional grave sites what the additional cost for
maintenance would be?
Chanhassen Planning Commission – November 5, 2013
5
Aanenson: No.
Doug Allen: What would the cost of the grave sites be if an individual wanted to purchase them?
Aanenson: That information I do not have. I can have that for when we go to the City Council or provide
that on our website.
Doug Allen: Okay, it just seems pretty clear to me, I don ’t want the City you know selling these grave
sites for one and then having the ongoing cost to maintain what I really do consider a resource to the city.
I mean it ’s part of our culture and our heritage and that will lead into my second comment but I don ’t
want to see that cost us additional dollars. Taxpayer dollars if you sell it once and you ’ve got to maintain
it forever so I think the economics have to be worked out.
Aanenson: Sure. Well I guess I would say on that, the City ’s already the majority of it right now.
Doug Allen: I know but once you expand it what ’s the additional cost to maintain that additional
property? I mean it ’s a significant increase so you ’re going to have more time and labor involved in
maintaining that property. Then the other thought that I have is, I ’m opposed to expanding. I think that
culturally it is part of our heritage here in this city and very few places are going to have a culturally
significant, you know this is civil war era cemetery. It ’s really nice to go there. It ’s very peaceful. I
think by expanding it and modernizing it, it loses some of it ’s heritage and it ’s cultural appeal to our area
so I think by just making it another cemetery, we as a city stand to lose something. Also I think great care
does need to be taken on the buffer zones and I would hope that the City, before making any decisions
would work with the property owners in both the, along Lukewood and in Timberwood so that we have a
better understanding of what that would look like because while we all knew that the cemetery was part of
the landscape when we moved in, you know I think the hope is that we maintain some of it ’s character
and we have to be very, very careful with what that buffer zone is going to look like, if anything is done.
Even if it ’s not an expansion but it ’s just maintenance of the property because I certainly know the
buckthorn problem that we have in Chanhassen and it would be great to take care of that but, but those
trees are going to be maintained. That area. The Oaks neighborhood has a lot of beautiful trees. As a
property owner you know I ’ve spent thousands and thousands of dollars to take care of my elm trees.
You know that ’s part of Chanhassen. Part of our symbol of our city so that ’s also something to keep in
mind in terms of the economic cost of maintaining this property. Those trees are going to have to be
maintained and cared for as well so we ’ll want to know what that plan looks like. Overall I think I would
say just leave it like it is. I don ’t think we need to do anything to the property. Thank you.
Aller: Thank you sir. Any additional comments from anyone? Speaking either for or against. Yes sir. If
you could state your name and address for the record that would be great.
Mike Hodges: Sure. Good evening, my name is Mike Hodges. I live at 8101 Pinewood Circle. I ’m here
to oppose not only the expansion but also the removal of trees from the cemetery. I think as the previous
gentleman spoke, that is part of our neighborhood that character of the cemetery is quite unique and what
makes that cemetery character be what it is, is actually the tree canopy and I think to disturb that would
remove that character from it ’s existence as we know it today. And it ’s interesting, it was shared earlier,
that people drove by and called in. I think that ’s pretty telling that to drive by and they must have
physically had to have stopped to get the telephone number off the sign that was posted there because that
meant something to them and I heard you say, I didn ’t hear the voicemails of course but one of the things
you stated was, they were concerned. Maybe you didn ’t use the word concerned, they were wondering if
it was going to be moved. Why would they say that? Why would they ask that? Because that cemetery
is part of Chanhassen, excuse me. Again it goes back to the character. And my last thought is this,
whoever ’s running the technology, if you could do me a favor. If you could put that screen saver back up.
Chanhassen Planning Commission – November 5, 2013
6
I noticed something when I walked in the room earlier. Your Chanhassen screen saver. Take a good look
at that picture up there. What I noticed in the top left corner is a beautiful scenery. What makes it
beautiful? It ’s the trees. Take a look at your very own bottom left corner. Once again a picture of trees
and foliage. Take a look at the bottom right corner. Once again there is a reason the City has picked
these three pictures. The foliage. The trees and the beauty that come with them. I don ’t think the City
would have selected any of those three pictures to depict the city if those were cut down. Also quite
ironic, look at the center of the screen saver. Above the City of Chanhassen, my eyes are a little blurry.
What is that figure? I actually see it on the wall behind us a lot clearer . It ’s rather large. Looks like a
leaf to me. Once again part of the city. Part of who Chanhassen and what we want Chanhassen to
represent so for those reasons I ’m opposed of not only the expansion but the removal of any of the trees.
Thank you.
Aller: Thank you.
Aanenson: Can I just clarify the comments that were regarding the phone calls?
Aller: Sure.
Aanenson: I don ’t think anybody was, the majority of the comments were making sure that that cemetery
continues to be, it ’s not just people that were buried there in the past. There are people continue to be
buried there, and people were concerned that they can continue, that that continues so that wasn ’t that we
don ’t do anything or that we ’re going to move it. That wasn ’t the majority of the comments. I just want
to make sure that ’s clear.
Aller: Thank you. Any additional comments? Your name and address for the record please.
Chuck So h n: My name is Chuck So h n. I live at 2351 Lukewood Drive which is just south of the
cemetery.
Aller: Welcome.
Chuck Sohn: I just want to go on the record as opposing the expansion. It just seems like there must be a
better place to bury people than in a cemetery that is in such a small space where you have to remove a lot
of trees and invest a lot of money in squeezing in more grave sites on such a small piece of land. The
other thing I wanted to ask was, I read that the southeast pin has not been located. Is that still the case?
Aanenson: That ’s correct.
Chuck Sohn: So what would happen if you could not locate it? Would you just assume that the property
line goes straight down?
Aanenson: No, you can tie it back to other survey markers so you have the surveyor do it and then find it.
Put a new survey pin in. That ’s what a survey does. It happens all the time on people ’s property that the
pin may get moved and we just resurvey and put the new pin in.
Chuck Sohn: Okay.
Aanenson: Yep.
Chuck Sohn: But who determines where that pin goes?
Chanhassen Planning Commission – November 5, 2013
7
Aanenson: The surveyor.
Chuck Sohn: The surveyor.
Aanenson: A qualified surveyor. The same thing as anybody else in the city would use to survey their
property.
Chuck Sohn: Thank you.
Aller: Thank you. And again for those at home, these reports in total are on the website so if you ’re
interested in taking a look at them they ’re on the City of Chanhassen website under the Planning
Commission and under the documents there. Any other statements? Comments? I have another
individual coming forward. If you could state your name and address for the record sir.
John N oller: John N oller, 2381 Timberwood Drive. I ’m just to the north. The bordering property to the
north of the cemetery.
Aller: Okay.
John Noller: I have a few questions. So how many additional graves total, red, green are going to be
proposed to be added?
Aanenson: 108 are in the green and then the 216 in the red.
John Noller: What is the entire proposed project cost?
Aanenson: Don ’t have that.
John Noller: Ballpark figure?
Aanenson: Don ’t have that.
John Noller: And where will the money come from to pay for the proposed project?
Aanenson: It ’d be part of the cemetery operations.
John Noller: And when I spoke with Karen earlier, before the sign was put up, she said the plot would
cost $200 and that that cost would be maintained moving forward. Is that still going to be the case?
Aanenson: That would be a decision made by the City Council.
John Noller: And then when will the City work with the community about the buffer?
Aanenson: Would be our recommendation, whatever this group recommends to the City Council that the
City Council would then direct staff to work with the neighborhood to create that buffer. So then we
would report back to the City Council what that direct ion would be and they would approve that plan.
John Noller: And proposed start date for the project is?
Aanenson: Whenever the City Council determines that to be.
Chanhassen Planning Commission – November 5, 2013
8
John Noller: Okay. I would just like to go on the record saying that my family and, we oppose the
project and expansion. To kind of talk about or to echo some of the things that my neighbors have said is
that the City Council once referred to Timberwood Estates particularly as a quote, rural lifestyle
community and an expanded cemetery would really sully the quaintness and country feel of our
neighborhood and the surrounding communities. Again I ’m the top house there. I look, when I sit on my
deck every night and I watch people walk through that cemetery. People are walking their dogs. They ’re
taking their kids through there. When you guys talk about low density, from what I could figure out and
read, you ’re talking about population, yes? People moving through the cemetery.
Aanenson: Well that ’s what it ’s zoned for and there ’s, yeah. I mean I ’m assuming that it ’s someone in
the neighborhood walking through.
John Noller: It ’s a lot of people.
Aanenson: Right.
John Noller: I ’m out there on my deck a lot and work in the yard a lot. I ’ve got 2 1/2 acres that I ’ve got
to deal with. I ’ve got a lot of leaves that I ’ve got to deal with. There are a lot of people in that cemetery
and I think it ’s a really, really cool thing that people are going and checking those things, the grave stones
out because there is a lot of history and I think that to sometimes bigger is not better. I think that it really
removes the quaintness and country feel of the area and I think would not be a positive thing for our
community. I also feel that the additional non-natural barrier will significantly impact the property values
of all homes that border the cemetery and in turn will lower the values in each neighborhood. Property
values aren ’t, you know I don ’t need any help going that direction and also if it ’s going to come out of my
tax dollars I don ’t really want to pay for my property values to go down either. Question. If you remove
the rear barrier where will the grounds crew deposit their waste that they pick up in, on the grounds?
Aanenson: That would be a condition that we ’d ask them to accommodate the waste. I ’m assuming
they ’re hauling some of that out now.
John Noller: Because currently it goes into the buffer area both on the east side and then on the north side
on my property and again I have to look at that. People who have family buried there, I respect that and I
think that ’s great but they ’re not there every day. I ’m there 24 hours a day, 7 days a week. So are my
neighbors and so we have to look at this stuff every day and so what I ’m concerned about is that if
particularly the east side gets taken and kind of opened up into graves, then my north side will become the
dumping ground and I just would like some concern to be paid to that.
Aanenson: Can I just get a clarification on what you ’re talking about? Are you talking about people that
would visit graves and pick up like …
John Noller: No, like the grounds crew when the, particularly well to give you a good example. When
the fence, or when the tree fell on my fence from the graveyard, picked up the phone. Called the City.
Great. You know awesome response. They came out. They asked if they needed to fix it but when they
cut up the tree they just left the tree there so you know when they pick up sticks or when they pick up
brush or when they cut things down, that just gets deposited on the periphery. It doesn ’t get hauled away
so I have to look at the pile of sticks and at times I ’ve gone over and tried to tidy it up myself just because
I don ’t want to look at it so again I ’m just trying to be a good neighbor here with the cemetery next door.
Okay, foot traffic is kind of a critical thing as well as just traffic alone. The addition of the high school
has made Galpin a pretty busy place. I think that you now start adding a bunch of graves and start making
this a really active graveyard, you ’re going to add more traffic into the area. Also top on that the
apartment complex that ’s going up on 5 and Galpin and we ’re just, you ’re adding more and more traffic
Chanhassen Planning Commission – November 5, 2013
9
to an already very, very busy street. And include in that foot traffic that again we the neighborhood have
to kind of sit there and look at. It ’s already a lot and we don ’t need 300 and some odd more folks. And
then my last comment is that, if the project is recommended forward, our family would like to see
additional barrier to the north side of the cemetery for the reasons I ’ve stated above. Thank you.
Aller: Thank you. Welcome.
J.B. Ryan: My name is J.B. Ryan. I live on the property just east of the bordering property there, 8121
Pinewood. My question is, with the new road we ’ve got an everything, where is the parking now for
Memorial Day service and stuff like that? With the wide yellow lines painted they took away any parking
at all in front of that cemetery and you want to put in hundred and some more grave sites. Memorial Day
when everybody wants to go and visit, where do they park? There is now zero parking where there was at
least a lane there they could park and it was the right turn lane to go into Timberwood but that is all gone
now with this stupid yellow paint job they put all over the road that steers us off into traffic and shoots us
back across traffic . One lanes goes to two in the middle. It ’s ridiculous so I ’m just asking with the
expansion that you ’re looking for, where does even 4 cars park? There ’s nowhere allowed at all.
Aller: Anyone else? Seeing no one come forward I ’m going to close the public hearing and open for
commissioners discussion. Again this is not a vote up or down. We ’re going to be passing these
comments to the council for decision.
Undestad: Well, it ’s a cemetery. It ’s been there what, the mid 1800 ’s. Have all these sites, the plots all
been kind of set up in there or have we been kind of looking at this like 10 years ago we said let ’s add
another row and 10 years ago another row.
Aanenson: That ’s correct. So now we ’ve got people requesting additional sites. While there are pioneers
there, there ’s people being there and so what we ’re requesting now is to move into the area of the red
zone. Instead of trying to do one row at a time, it makes sense to get the buffer going. To work with the
neighborhood now. To get it surveyed. Get it prepared. Get all the lots, the plots surveyed and then
some people buy the plots and they may not need them for a number of years so you know while they ’re
sold that doesn ’t mean they ’re all being used at the time so it ’s, some people want to make those decisions
for their parents today and so.
Undestad: And I guess that ’s my point is, we do have old people in Chanhassen and there may be people
that have been waiting or looking at these places for years and to now to say well let ’s you know cut that
off. We won ’t do that. People might already be knowing this is where I ’m going to be someday and now
we say oh you know I don ’t know if you can do that so, I think if it ’s been a cemetery the whole time.
Everybody knows what ’s going on in there. The only issue I see is the parking comment. You know
when the lane changes and that is a problem out there now. How do you handle the traffic on Memorial
Day out there? I think that needs to be looked at but I think as far as the cemetery goes, people in
Chanhassen know it ’s out there. They ’ve been, people want it. People are going to use that and how do
you just say no? How do you shut it off now and just say, go find another place?
Aller: Additional comments?
Hokkanen: Well I had some comments about the trees, or questions. I know Jill probably looked through
this very well. I mean I understand the comments from the property owners about the buffer and the City
can work with them on all sides, north, east, and south side. I think that ’s really important. There ’s a
couple of burr oak trees that look fairly large that are in the black, could they be saved? I mean those
look like, it ’s kind of nice in a cemetery to have some big old trees.
Chanhassen Planning Commission – November 5, 2013
10
Aanenson: Yeah, right. We can revisit, as the one neighbor stated, we ’ve had trees fall so I think it ’s not
only the age but the health and the quality of the tree.
Hokkanen: Okay.
Aanenson: Because if we try to save it and in 2 years you know she believes it may come down so we
can certainly revisit some of those larger trees. That was her recommendation but I can make that note
to …
Hokkanen: Well those two, yeah and because some of them she has labeled here poor. I mean I can see
that in the box elder but maybe if we can just try to save some.
Aanenson: Yeah, if you ’ve been out there? There is one that ’s in pretty poor shape.
Hokkanen: Yeah, right. And then parking. Is, you know as we open up, I mean I think it ’s nice. It ’s
been a cemetery. It ’s nice. I ’ve walked through there and walked my dog through there. It ’s historic but
parking since they have restriped Galpin is an issue that I think needs to be looked at. If someone was to
have a funeral there, where do you park 40 cars? You know so I think those are my two . I can, would
like to look into that a little bit more.
Aller: Comments, questions?
Weick: Yeah I would comment that I think the plan, with the added greens and reds does a great job of
maximizing the space that ’s available. In hearing the comments that have been made today, potentially
there ’s a way, I ’m not sure it has to be all or nothing in my opinion so I ’m not sure we have to maximize
it and I ’m not sure maybe we have to do nothing and maybe there ’s a plan that could, you know work
more closely with some of the clear objections to the tree situation that maybe does a more beautiful job
of incorporating some number of increased sites to satisfy that need for the City as well as maintain you
know some of the beauty of the existing space for the neighbors as well so, I would just propose
potentially that maybe it ’s not an all or nothing type of plan.
Hokkanen: I think for the City Council if we could have the costs available that would have been helpful
as well. Cost to purchase. The cost to maintain.
Aanenson: And that ’s true but that ’s not to say that the City Council.
Aller: Although that ’s not our purview as planners.
Aanenson: Yeah, that ’s true.
Aller: We talk about use, not cost …
Aanenson: …and the council may take that under advisement to want to relook at that so I tried to just
kind of keep it to kind of the.
Hokkanen: Use.
Aanenson: What ’s in your purview, correct.
Aller: I think there are many times that things come before the commission that never get followed
through on by the homeowner because of changing circumstances. Change in costs so they could do
Chanhassen Planning Commission – November 5, 2013
11
something. They ’ve come and asked for permission. They ’ve gotten it granted and then they decide not
to do it so again anything we do today is advisory. The City Council ’s going to make that decision.
They ’re going to take a look at the costs. The expense as they move forward which is why they haven ’t
done it in the past in my estimation so.
Hokkanen: Okay.
Aller: Comments.
Yusuf: No further questions.
Aller: Yeah, I agree with the comments. I think it ’s important that we take a look at the parking situation.
Whether or not there ’s a permit scenario or a special permit for purposes of funerals or for those holidays
like Memorial Day or Veterans Day where people will be visiting those graves. The buffer aspect again, I
think the City ’s been a good neighbor since the cemetery was there to begin with, has been a good
neighbor in allowing what has been termed as a buffer to remain. Basically it ’s trees. There is no buffer
requirement so when I look at it I say well by leaving it there they ’ve allowed for a cloaking of the
cemetery on those sides and there certainly is nothing to stop anyone on the northeast or south from
putting up their own barriers and putting up their own trees. Putting up their own fences if they are at the
right height and all those requirements but there ’s nothing to stop them from creating their own barriers
and creating their own buffer on their own property so I would encourage, and my comments would
follow along with the report. I would encourage them to continue in that vein. To work with them to
truly create a buffer to the extent that it doesn ’t require the City not to do and not to fully utilize it ’s
property.
Audience: Can I interject something? I could not put up my own buffer on the south side. That ’s not
mine. I don ’t own the property on the other side of the street. That ’s the cemetery ’s so I ’m sorry to
interrupt.
Aller: No that ’s fine. I mean what we want to do is have a conversation so that the City Council will get
the information it needs to make an appropriate decision. Okay, so with those comments we ’ll ask that
those comments be passed along to the City Council.
Aanenson: That ’s correct and then just again a reminder. This is currently scheduled to go to the City
Council on November 25 th . We do not send a notice out again but if you want to check the City ’s web
pages with any updates then we ’ll certainly have those in the project file.
Aller: Correct and there ’ll be an updated package for the City Council people to look at so.
Aanenson: That ’s correct.
Aller: Any of those numbers or things that are provided will be on the website. Okay, let ’s move along
to item number 2.
Commissioner Withrow returned to the commission for the rest of the agenda.
PUBLIC HEARING:
VARIANCE: REQUEST FOR A VARIANCE FROM SECTION 20-615 OF THE CHANHASSEN
CITY CODE TO CONSTRUCT A DETACHED GARAGE ON PROPERTY ZONED
RESIDENTIAL SINGLE FAMILY (RSF) AND LOCATED AT 6780 LOTUS TRAIL.
APPLICANT: PETER ROCHFORD/LISA THOMPSON. OWNER: LISA THOMPSON,
Chanhassen Planning Commission – November 5, 2013
12
PLANNING CASE 2013-22.
Generous: Thank you Chairman Aller, commissioners. Planning Case 2013-22, Peter Rocheford and
Lisa Thompson. They ’re requesting a setback variance for the construction of a detached garage on their
property. It ’s a 12 foot variance from the 30 foot front yard setback requirement to construct a 27 by 24
foot, 648 square foot detached garage 18 feet from the front property line. The property ’s located at 6780
Lotus Trail. It ’s in the Carver Beach neighborhood which is made up of multiple platted lots. This
property came in last year for a variance request to construct a second driveway to the property. It ’s
rather steep on the existing driveway up to the house and they were having problems with people parking
there and so they wanted to have a safer location for people to park so they did get the variance and they
installed a gravel cut right now. In the future when they were going to build the garage then they would
have to improve that to either concrete or pavement. The proposal is to construct this garage on the
southern part of their property 18 feet from the south property line and 18 feet from the street right-of-
way. This would give them a 30 foot setback on the rear of the property. However city code permits an
exception for construction of accessory structures if they ’re less than 399 square feet. Then they would
be able to have a 10 foot rear yard setback. That would give them approximately a 34 foot building
envelope and still meet the 30 foot front yard setback. We believe that they have the opportunity to
construct this accessory structure without having a variance approved for their property. They could, like
I stated, they could construct a smaller accessory garage on the property eliminating the variance. If they
did receive the variance they would be shortening the parking area that they would have within their
driveway to park vehicles that was part of the reason that they came in for the variance last year. And
additionally they do have an existing garage on site so this would be for additional storage for the
property. 400 square foot building provides adequate space for that. Staff is recommending that the
Board of Appeals and Adjustments denies the variance request for the setback and adopt the Findings of
Fact and Decision in the packet. With that I ’d be happy to answer any questions.
Aller: Can you just refresh our memories, if you can, on the first variance. The reasoning for that. If I
remember it was a safety situation with cars and parking.
Generous: Yes, they were saying because of the steepness of this driveway, people were sliding down
that in the wintertime and so they were looking to provide a secondary driveway that didn ’t have quite the
slope in it and with the approval of the second driveway they were able to do something, I think it was 9%
but then it dropped down to 4%. The way he ’s actually constructed it, it ’s almost level with the street
right-of-way because he dug into the hill and his proposal for the detached structure would be to have an
in-ground building.
Aller: So they continue to dig in.
Generous: Yeah. Continue to dig in. The back wall would be the retaining wall and the side walls and
then the hill would come down on the side of the garage. However by shortening that he loses a lot of
that parking space and so we believe by granting a variance he then encroaches his parking area into the
city right-of-way and losing at least 2 parking spaces.
Aller: And then he ’s also requesting a garage rooftop?
Generous: Well they would put, as part of their construction plan they ’re showing a flat roof and on top
of that they would put a deck area that they could, that they would use as a deck.
Aller: And that deck would need a variance typically?
Chanhassen Planning Commission – November 5, 2013
13
Generous: No because the structure itself would be receiving the variance so it would be in conjunction
with that.
Aller: So he would piggyback then onto the variance that would be granted, if the request is granted.
Generous: Yes. They are getting additional relief from the City Code to have a deck.
Aller: Because if it was a stand alone deck it would need a variance to be there.
Generous: Right, because they ’d have to have a 25 foot setback so they ’re receiving a 7 foot variance in
essence.
Aller: And the present garage, how large is that?
Generous: I believe it ’s a 2 car but I don ’t know the dimensions.
Aller: Okay. And the community, are they typically one car, two car, three car garages?
Generous: They ’re all over the place. This is Carver Beach. Some don ’t even have garages.
Aller: Any other questions of staff?
Yusuf: This one seems pretty straight forward.
Withrow: Can you point out where the garage typically is to go?
Generous: It would be on the southern part of the property.
Withrow: Oh so it ’s quite a ways from the.
Aanenson: From the driveway.
Generous: Yeah, here ’s the existing driveway. If you ’ve been out there the curb, the cut that he ’s created
currently starts about at the corner of this catch basin and then comes back in and then comes over this
way so they would be shifting it down further to the south. And they ’re showing it at 18 feet from the
south property line. A side setback is 10 feet.
Withrow: In terms of the traffic driving through. I mean that ’s right on the street kind of isn ’t it? Is that
an issue?
Generous: Carver Beach is a local street so I don ’t know if there ’s really a lot of traffic down there.
Withrow: No, okay.
Generous: But the City does have a park across the street from this so you get some outside traffic.
Withrow: Nothing else.
Aller: Anything else? Alright. Would the applicant like to step forward and make a presentation of any
sort? Is the applicant present?
Chanhassen Planning Commission – November 5, 2013
14
Generous: I don ’t see him.
Aller: Okay. Then what I ’ll do is open the public hearing. If any individual present would like to speak
either for or against the requested variance, come forward. State your name and address and let us know
what you think.
German Sugura: My name is German Sugura and I live at 750 Carver Beach Road.
Aller: Welcome.
German Sugura: And I ’m opposed to it. One of the reasons being is because my property is the one that
is being directly, they have impact. I purchase this property 12 years ago. I close the day after 9-11 and
so it was a big day for everybody. I didn ’t think I was going to close. That was September. I move a
month later to this place and when the leaves started falling from the trees this amazing view just open up.
I can see downtown Minneapolis from my house. Well in the last 2 years there ’s been a lot of changes.
There ’s been trees coming left and right and even in my property. Well where they are proposing, where
they put that driveway, I didn ’t even know because I was out of town. There was one tree that they …that
they cut down. I don ’t know if it was before or after. That tree disappeared.
Aller: And I guess my question is with the cutting of trees.
German Sugura: He ’s talking on his property.
Aller: It ’s on this, on your property or this property?
German Sugura: On his property.
Aller: Oh okay, thank you.
German Sugura: There ’s one but there ’s going to be more trees that have to be cut down and they are big
trees so although I love the view, because it is unbelievable but also the trees kind of keep the noise away
in the summertime and it ’s, they are just gone. There are trees gone everywhere. These property has
changed in the last 2 years and this is going to effect me more too so I ’m then, most people, I ’m about
this property because I live on a cliff so I get to see everything that happens right there. I love my privacy
so more is less room.
Aller: Okay, thank you.
German Sugura: So thank you.
Aller: Anyone else wishing to speak for or against? Seeing no one come forward I ’ll close the public
hearing. Open it for comment. Discussion. Anyone? I think the report is a good report. I concur with
the findings. I will note that we did receive an email dated November 4, 2013 at 11:17 a.m. which has
been read and will become part of the record and that was objecting to the grant as well. And that will be
on the website in the future and this item will be before the City Council on November 25 th .
Aanenson: If it ’s appealed.
Aller: If it is appealed. So I guess the question becomes, how do you feel about it?
Chanhassen Planning Commission – November 5, 2013
15
Weick: I don ’t think it meets any of the variance, if you look at any of the bullet points. Stipulations of a
variance. I couldn ’t find one that it met in my opinion so.
Yusuf: It seems as though the City has done a fair job of assessing all the criteria and even offering
options that would meet the City ’s regulations.
Aller: I would again state that I think it ’s important to note that there has been an indication that the
desired end can be met without the need for a variance.
Weick: Absolutely.
Aller: So I ’ll entertain a motion if anyone would like to make one.
Hokkanen: I ’ll propose a motion. The Chanhassen Board of Appeals and Adjustments denies the
variance request to construct a 27 foot by 24 foot detached accessory structure 18 feet from the front
property line and adopts the attached Findings of Fact and Decision.
Aller: I have a motion. Any discussion? Do I have a second?
Yusuf: Second.
Aller: Now any discussion. Hearing none.
Hokkanen moved, Yusuf seconded that the Chanhassen Board of Appeals and Adjustments denies
the variance request to construct a 27 foot by 24 foot detached accessory structure 18 feet from the
front property line and adopts the attached Findings of Fact and Decision. All voted in favor and
the motion carried unanimously with a vote of 6 to 0.
Aller: The requested variance is denied. All interested parties are reminded that a variance decision must
be appealed in writing and that must be done in a short timeframe. Typically 4 days. Moving forward.
PUBLIC HEARING:
VARIANCE: REQUEST FOR A VARIANCE FROM THE LAKESIDE PLANNED UNIT
DEVELOPMENT PERIMETER SETBACK STANDARDS TO CONSTRUCT A THREE-UNIT
TOWNHOME ON PROPERTY ZONED PLANNED UNIT DEVELOPMENT-RESIDENTIAL
(PUD-R) AND LOCATED ON LOTS 1, 2 AND 3, BLOCK 1, LAKESIDE SECOND ADDITION.
APPLICANT: JOHN ARTHUR HOMES. OWNER: LAND HOLD CO., INC., PLANNING
CASE 2013-21.
Generous: Thank you Mr. Chairman, commissioners. Planning Case 2013-21, John Arthur Homes is
requesting a variance for the Lakeside Development from the eastern perimeter setback requirement. The
request, specific request is a 5.7 foot variance from the 50 foot perimeter setback requirement for a main
floor cantilever to construct a building at 44.3 feet from the perimeter property line. The location of this
development is 8711, 8719 and 8727 Lake Riley Drive. It ’s within Lakeside Second Addition. These are
actually the last housing sites on the east side of this development. The PUD standards permits the, all
the twinhomes that are south of this to be within 30 feet of the property line. However because this is a 3
unit structure there ’s a 50 foot requirement. These design standards were originally adopted when the
PUD standards specified a 50 foot perimeter setback for any type of planned unit development, no matter
what the development was nor what the adjacent properties were. Since that time the City has amended
the PUD standards to permit the setback requirements to be determined as a function of the propo sed
development and in the interim the PUD standards for this were amended several times to change the
Chanhassen Planning Commission – November 5, 2013
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setback requirements for the twinhomes in the project. The footprint of this building is slightly longer
than what was originally envisioned for this site. Cudd Homes was the original proposed developer for
these townhouses in this location. As you can see the 50 foot setback would cut into the, just a small
portion of each of these townhouses so 5.7 feet seems reasonable considering that had this been divided
into twinhomes they could have gone within 30 feet of the eastern property line. I did provide a sample
of the Cudd Homes. You can see that the unit is a little squatter in design. It doesn ’t have as much of a
rear area. Even with this large setback there is a, it would be larger than the rest of the setbacks along the
eastern perimeter of this property and really we ’ve discovered that to the east of this is a trail system
within Eden Prairie and then one of the greens or the drives for the Bearpath Golf Course so there ’s no
homes immediately adjacent to this development that would have any impact by, they wouldn ’t even
realize there ’s a change in this from the distance so. Large separations are not necessary to provide
screening or buffering for this project. Staff is recommending approval of the variance request to permit
the 5.7 foot encroachment into the 50 foot side yard setback and adoption of the Findings of Fact and
Decision. And with that I ’d be happy to answer any questions.
Aller: Any questions?
Withrow: Yeah Bob, why is the setback requirement different for a two house structure versus a three
house structure?
Generous: Because at the last amendment that was done to this was the developer who ’s doing the two
house developments and not the three house developments. It was, from the original beginning we had
that 50 foot perimeter setback requirement that was prescribed as part of the PUD ordinance. However in
the interim the City ’s gone through numerous iterations at looking at the intent and the function of the
development so we ’re learning.
Withrow: Okay, so materially it ’s not going to make a difference in any way.
Generous: No.
Aanenson: Wouldn ’t you say too Bob it was probably more of an omission. We used the word twinhome
as opposed to saying a three-home.
Generous: Yes.
Aanenson: So it was really just an omission in the type of product so it should have said the setback as
opposed to specifying a type of home.
Weick: Is that why we ’re here is because it was specified as a twinhome setback?
Generous: Right.
Aanenson: That ’s correct.
Weick: And that ’s why this is a variance …
Aller: The PUD is the actual zoning.
Aanenson: The literal interpretation, yes.
Weick: Okay, thank you.
Chanhassen Planning Commission – November 5, 2013
17
Aller: Any other questions for staff? I think the report is very complete. Thank you very much and I
don ’t have any questions so I ’ll ask the applicant to step forward if he ’d like to make a presentation at this
time. You can state your name for the record.
Art Plante: Good evening, Art Plante from John Arthur Homes. I ’m the owner.
Aller: Welcome.
Art Plante: I think staff ’s done a good job of summarizing the facts. I don ’t really have anything that I
could add but I ’m here to answer any questions.
Aller: We always like to say, tell us about your project. What ’s going on?
Art Plante: Well the good news is the project was you know quite stalled a couple of years ago and we ’ve
come in and bought the remaining 14 lots and 10 of those are sold and we ’re trying to build it out.
Aller: And the materials that you ’re using in general? Materials. Colors.
Art Plante: Hard board siding. Paver driveway. Cedar garage doors. 8 foot wood doors for entries. 30
year shingles. Hard board siding is the best.
Aller: And of course price point.
Art Plante: These particular home sites are $600,000 to $700,000. First one that we sold was $650,000.
Aller: Great. Any additional questions? Thank you very much.
Art Plante: Thank you.
Aller: At this time I ’ll open the public hearing. Anyone wishing to speak either for or against the
requested variance can do so at this time. Seeing no one come forward, closing the public hearing.
Comments. Concerns. Questions. I think it looks like a good project so I ’m glad it ’s hopefully going to
get completed. So with that I ’ll entertain a motion.
Withrow: I ’ll do it. The Chanhassen Board of Appeals and Adjustments approves a variance, I move that
the Chanhassen Board of Appeals and Adjustments approves the variance to the perimeter setback
requirement to construct a three-unit townhouse subject to the conditions of this staff report and adopts
the Findings of Fact and Decision.
Aller: I have a motion. Do I have a second?
Yusuf: Second.
Aller: Having a motion and a second, any further discussion?
Withrow moved, Yusuf seconded that the Chanhassen Board of Appeals and Adjustments approves
the variance to the perimeter setback requirement to construct a three-unit townhouse subject to
the following conditions and adopts the Findings of Fact and Decision:
Chanhassen Planning Commission – November 5, 2013
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1.The minimum setback from the eastern perimeter property line shall be 44.3 feet for building,
decks, patios, porches and stoops.
2.The applicant must apply for a separate building permit.
All voted in favor and the motion carried unanimously with a vote of 6 to 0.
PUBLIC HEARING:
CHANHASSEN GREAT PLAINS CENTER: REQUEST FOR SITE PLAN REVIEW WITH
VARIANCES FOR A 10,443 SQUARE-FOOT SINGLE-LEVEL RETAILCENTER ON 1.13
ACRES OF PROPERTY ZONED HIGHWAY AND BUSINESS SERVICES DISTRICT (BH)
AND LOCATED AT 7905 GREAT PLAINS BOULEVARD (BP GAS STATION SITE).
APPLICANT: NHH CHANHASSEN PARTNERS, LLC. OWNER: CAMELOT CONV.
QUALITY FUEL & FOOD, PLANNING CASE 2013-23.
Sharmeen Al-Jaff: Chairman Aller, members of the Planning Commission. The request before you is for
a site plan. The site is located northeast, at the northeast corner of Highway 5 and Great Plains Boulevard.
Currently there is a convenience store with an area of 1,030 square feet. There ’s a gas canopy as well as
6 gas pumps and along the northern portion there is an existing single bay automatic car wash. Access to
the site is gained off of Great Plains Boulevard. Currently there is full access to this location off of Great
Plains . The current land use on the property, the 2030 Land Use Plan shows the area guided for
commercial. The entire surrounding area is also commercial. The zoning is Highway Business. With
this request the applicant is proposing to remove the existing structures on the site and replace them with
a retail office building which is permitted under the Highway Business district zoning. The site plan
request is for the construction of a 10,443 square foot multi-tenant building. It ’s a single level building.
The maximum permitted site coverage in this district is 65%. The proposed development has a total hard
surface coverage of 67.2%. That exceeds the minimum. The maximum permitted in that district. The
applicant is fully aware of this and will be able to correct the situation. As part of this application the
applicant is also proposing to extend sidewalks along the westerly portion of the site as well as around the
building. This will allow the site to connect with surrounding areas. It will also separate pedestrian from
vehicular traffic. Parking is located north of the site and it ’s mainly screened by the proposed building.
However the easterly portion can be viewed from Highway 5. The applicant will need to improve
screening of that section to meet ordinance requirements. City Code requires that all parking be screened.
Again we had conversations with the applicant and they are fully aware that will need to be done and they
are, they will be able to accommodate it. The trash enclosure is located north of the building and again
that is completely screened by the building itself. As part of this request the applicant is proposing to add
a turn lane, a right in turn lane into this site. Access is still being maintained in the same location off of
Great Plains Boulevard but it will be improved. The architecture of the building is, the design of the
building is very attractive in the opinion of staff. It is being constructed of very high quality materials.
There is a sample of the materia ls which includes stone, stucco, glass and metal panels.
Aanenson: Just set it down.
Aller: Because there will be people at home that are interested as well.
Dean Dovolis: I have it upside down. I hope no one.
Sharmeen Al-Jaff: That ’s alright. That still does it. All elevations that can be viewed from the public,
even those that are hidden have been given equal attention. The building is, meets ordinance from every
single elevation. Entrances into the building are pronounced. They utilize durable exterior materials.
There is a lot of articulation on the design of the building. We regard the project as a well designed
Chanhassen Planning Commission – November 5, 2013
19
development. The overall design is sensitive to the surrounding area and we are recommending approval
of this application. The one thing I would like to add is that the applicant has been very good to work
with and has cooperated throughout the process. I ’ll be happy to answer any questions you might have.
Thank you.
Aller: Thank you.
Sharmeen Al-Jaff: Chairman may I? The one thing that I needed to point out, we received a phone call
from one of the neighbors and they are very excited about the development. Their only concern dealt
with the snow removal. There is a limited area for the snow and their concern is if it was stored in sight
triangles or areas that might cause problems with the passing traffic. We are requesting that we add one
condition on page 17. It ’s under the planning conditions, number 7 and the condition would read, snow
storage shall not create a hazard to the safe, efficient movement of vehicular or pedestrian traffic.
Aller: Thank you.
Sharmeen Al-Jaff: Thank you.
Aller: Questions of staff.
Yusuf: Could you please tell us more about this biofiltration pond or area?
Fauske: Certainly, I ’d be happy to answer that question. In Chanhassen there ’s a number of alternative
methods versus a traditional stormwater pond so the applicant has proposed filtration area and essentially
it ’s an engineered system where the water that enters into the ponding area filters down through there.
They have some under drains. They have some vegetation that can absorb some of the water, and it slows
down the water. It provides some treatment before it ’s discharged downstream.
Yusuf: Thank you.
Fauske: You ’re welcome.
Aller: Any additional questions?
Hokkanen: No, I think it looks great.
Aller: Wonderful. Okay. Would the applicant like to step forward and state your name?
Dean Dovolis: Yes. Dean Dovolis, DJR Architecture, 333 Washington North, Minneapolis, Minnesota.
Aller: Welcome. Why don ’t you tell us about your project.
Dean Dovolis: Thank you. Pardon me?
Aller: Tell us about your project.
Dean Dovolis: Oh I will. I will. I was going to introduce Adam Seraphine and Mark Kroll. They ’re part
of the development team also. This is sort of a critical site in Chanhassen because it ’s sort of considered a
gateway site, meaning it ’s one of the major ways people enter the city and so we looked at the building
like how to treat and emphasize the corner and really sort of set up that entrance into Chanhassen.
Hopefully sort of create a precedent for other development that may follow that starts to define the street
Chanhassen Planning Commission – November 5, 2013
20
and define the edges so you ’ll start to evolve a community that you know can also handle cars but also a
future pedestrian environment and this being one of the first move. We completed a project in Edina, and
I don ’t know if you want to put this on the camera. Thank you. That ’s built on 70 th and France that did
the first thing. That was the same idea of addressing the corner and creating parking behind the building
and in front creating pedestrian access coming from both sides to help create that movement. We were
sort of fortunate that Byerly ’s made the same move and others started to look at this as sort of a
precedence so we sort of see these buildings are acting the same way that we define the corner which may
start to work and what we ’ve discovered in putting these projects together is that the tenants do appreciate
it so it ’s not that we ’ve created a disadvantage for leasing a building . Actually an advantage and we ’ve
had very good interest in the building and a good variety of tenants that want to come in, even with the
idea of the parking behind and so we thought in terms of materials, the looks, the quality, that this sort of
sets that good precedent for the corner that as other corners follow suit and really start to fill in what I sort
of call the original vision of Chanhassen. Sort of creating this downtown. This being one piece of it so
we ’re sort of excited to put this project together and we ’ve had a great time working with staff so really
appreciate your allowing us the opportunity to work here and put this project together.
Aller: Alright, thank you. Questions?
Withrow: Yeah I have a question. Is there an entrance on the south side of the building as well or is it all
on the north side?
Dean Dovolis: There can be entrances on both sides. It will vary by tenants. You know like the one in
Edina have entrances on both ends. For example this is designed to have entrances on the south and the
north depending how the tenants situate so it ’s designed to work, basically two sided retail. Meaning it
can work both front and back. This is a building in which there is no back side. All facades are
considered basically a front to the building. Some being a front via, if you come via pedestrian some
being a front if you come via automobile.
Withrow: And how many tenants do you anticipate?
Dean Dovolis: I ’m guessing we ’re going to end up with 3 to 5 is what we ’re looking at. Between 2,000
and 3,000 square feet apiece.
Withrow: Thank you.
Aller: Any additional questions or comments? Thank you sir.
Dean Dovolis: Thank you.
Aller: Okay we ’ll open up the public hearing at this time. Anyone wishing to speak for or against the
matter before us. Seeing no one come forward I ’ll close the public hearing. Comments amongst
ourselves.
Aller: It ’s a beautiful project.
Hokkanen: It ’s going to be nice.
Withrow: I ’m surprised we don ’t have the people across the street in the other gas station here in favor.
It ’s got to be a good point for them.
Aller: Well the absence of opposition is probably construed as favorable. I ’ll entertain a motion.
Chanhassen Planning Commission – November 5, 2013
21
Yusuf: The Chanhassen Planning Commission recommends the City Council approve a site plan for the
construction of a 10,443 square foot single level retail center on 1.13 acres of property zoned Highway
and Business Services District and located at 7905 Great Plains Boulevard. The BP gas station site. And
adoption of the Findings of Fact and Recommendation.
Aller: Including item number 7.
Yusuf: Including item number 7.
Aller: I have a motion. Do I have a second?
Undestad: Second.
Aller: I have a motion and a second. Any further discussion?
Yusuf moved, Undestad seconded that the Chanhassen Planning Commission recommends the City
Council approve a Site Plan for the construction of a 10,443 square foot single level retail center on
1.13 acres of property zoned Highway and Business Services District (BH) located at 7905 Great
Plains Boulevard (BP gas station site) as shown in plans dated Received October 4, 2013 ; and
adoption of the attached Findings of Fact and Recommendations , subject to the following
conditions:
E n v i r o n m e n t a l R e s o u r c e C o n d i t i o n s :
1.The applicant shall install a total of two peninsulas in the parking lot.
2.The south side of the parking lot along Highway 5 must be screened. The applicant shall add
shrubs with a minimum mature height of three feet along the south parking lot perimeter.
3.The applicant shall install the required bufferyard plantings along the south property line.
4.The applicant shall install two evergreens on the eastern corner of the property.
5.The applicant shall remove the existing ash tree along Great Plains Boulevard and replace it
with an overstory tree species from the Approved Tree List.
B u i l d i n g O f f i c i a l C o n d i t i o n s :
1.The proposed structure is required to have an automatic fire extinguishing system (MN Rule
1306).
2.All plans must be prepared and signed by design professionals licensed in the State of
Minnesota. A geotechnical (soil evaluation) report required.
3.Detailed building code-related requirements have not been reviewed; this will take place
when complete structural/architectural plans are submitted.
4.Demolition permit required (contact MPCA regarding underground, fuel storage tanks
removal requirements).
Chanhassen Planning Commission – November 5, 2013
22
5.The owner and/or their representative shall meet with the Inspections Division as soon as
possible to discuss plan review and permit procedures.
F i r e M a r s h a l C o n d i t i o n s :
1.An additional on-site fire hydrant will be required. Location to be on the north/west corner
of the building. If necessary contact Fire Marshal for exact location.
2.Yellow painted curbing will be required. Areas include but not limited to are the curbing
north of the building. Contact Fire Marshal for exact location. Also “ No Parking Fire Lane ”
signs will be required where yellow cubing is present.
3.A three-foot clear space must be maintained around fire hydrant.
Engineering Conditions :
1.The sidewalk must be minimum five feet from the edge Great Plains Boulevard and the right
turn lane.
2.A sidewalk easement is required over any portion of the sidewalk that does not lie within
public right-of-way.
3.The sidewalk easement shall extend five feet beyond the edge of the sidewalk.
4.The developer must obtain a MnDOT permit for the portions of the sidewalks that will be
within MnDOT right-of-way.
5.Prior to construction of the trash enclosure an encroachment agreement must be recorded to
allow for the portion of the trash enclosure that will lie within the sanitary sewer easement.
6.A $7,600 security must be submitted to ensure that Great Plains Boulevard is properly
restored after the utility work. This escrow will be released if the street patch is in good
condition after one freeze-thaw cycle has passed.
7.The sanitary sewer line must be televised before and after construction to ensure that the
grading equipment does not damage the sanitary sewer.
8.Before the city signs the site plan agreement a $7,500 security must be submitted in case of
damage to the existing sanitary sewer.
9.The existing sanitary sewer manhole in the northeast corner must be reconstructed due to the
proposed grade changes in the area.
10.City water and sanitary sewer hook-up fees and the Met Council SAC fee will be due with
the building permit and will be based on additional SAC units, if any.
11.Before site grading can commence the grading plan must be revised as follows:
a.Label the existing contours.
b.Label the Emergency Overflow (EOF) elevation.
Chanhassen Planning Commission – November 5, 2013
23
c.Ensure that the lowest opening of the building is minimum one foot above the EOF
elevation.
d.Ensure that all proposed contours tie into existing (for example, the proposed 954 contour
south of the EOF does not tie in).
a.Revise the grading on the northeast corner of the site so that the proposed grades do not
exceed 3H:1V.
12.Storm water runoff rates must not increase under the 2-year, 10-year and 100-year return
interval storms at any point where water leaves the site.
13.A Phase 1 Environmental Site Assessment must be performed on this site and made available
to the city to determine the likelihood of encountering contaminated soils at the proposed
biofiltration location.
14.The hydraulic calculations for the storm sewer shall be provided and approved prior to the
city signing the site plan agreement.
15.The SWPPP must include all required elements under the NPDES Construction Stormwater
Permit.
16.Rock construction entrance shall be measured from the bituminous saw cut.
17.The biofiltration area shall not be constructed until after the site is substantially completed.
At a minimum, the base course shall be installed prior to construction of the biofiltration
area.
18.The biofiltration area shall be protected from construction-related activities throughout site
development. The SWPPP and Erosion Prevention and Sediment Control Plan must indicate
how this will be accomplished.
19.Before the City signs the site plan agreement a $5,000 security must be submitted to insure
compliance with the erosion prevention and sediment control plan. This will be released
once a minimum of 75% of the site has been permanently stabilized and the sediment control
BMPs have been removed.
20.The owner shall be responsible for the operations and maintenance of the rain garden facility.
The applicant shall develop an operations and maintenance manual and provide a copy to the
city prior to the City signing the site plan agreement.
21.The owner shall prepare and submit an annual report indicating that the biofiltration is
functioning properly or, in the event it is not, what steps area planned to restore the
functionality of the biofiltration feature.
Planning Conditions :
1.The applicant shall work with staff to improve the screening of the parking lot through the
use of berming and landscaping. Parking setbacks will be adjusted based on the screening
plan.
2.All rooftop and ground equipment must be screened from views.
Chanhassen Planning Commission – November 5, 2013
24
3.Sign illumination and design shall comply with ordinance. Signs shall be limited to the north
and south elevations.
4.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.
5.A photometrics plan shall be prepared for the site. Light levels for site lighting shall be no
more than one-half foot candle at the project perimeter property line. This does not apply to
street lighting. All fixtures must be shielded.
6.The proposed development has a total hard coverage area of 67.2%. The applicant shall
revise the plan to meet hard surface coverage ordinance requirements not to exceed 65%.
7.Snow storage shall not create a hazard to the safe, efficient movement of vehicular or
pedestrian traffic.”
All voted in favor and the motion carried unanimously with a vote of 6 to 0.
Aller: Good luck. Thank you. This matter will be before the City Council on November 25, 2013 so
those of you at home who are wishing to take a look at the incoming documents, they ’re on the website or
come down and be present at the City Council meeting that will be on November 25, 2013.
Aanenson: Mr. Chair if I may. I just want to thank Sharmeen for all the good work that she does. This is
an example of her putting in extra time and effort into it and she got some comments from the Kraus-
Anderson project I just want to share with you. Some of the neighbors that were concerned about it called
her and told her that they were so impressed at how that was designed. We actually had another architect
call in and said they ’d never seen a McDonald ’s quite place like that and that ’s Sharmeen thinking outside
the box and pushing it. You know there ’s some other signage issues out there right now that she ’s
working on but I think the overall design, the effort that she puts into it comes back and we got some
really positive feedback for the work that was done so I just want to thank Sharmeen for all the work that
she does.
Aller: As do we and for the great reports that we get because they reduce the need for questions from us
and it develops a greater understanding with the commission and obviously there is a good rapport you ’ve
created with the different developers that come in. They ’re espousing how nice it is to work with you so
thank you.
Sharmeen Al-Jaff: Thank you.
APPROVAL OF MINUTES: Commissioner Hokkanen noted the verbatim and summary Minutes
of the Planning Commission meeting dated October 15, 2013 as presented.
COMMISSION PRESENTATIONS. None.
ADMINISTRATIVE PRESENTATIONS. CITY COUNCIL ACTION UPDATE AND FUTURE
PLANNING COMMISSION AGENDA ITEMS.
Aanenson: So they repealed the Conditional Use Permit for the stables that was, we know there ’s a
project trying to proceed up there. We did look at it. Made some changes. Engineering had some issues
Chanhassen Planning Commission – November 5, 2013
25
on that as did the planning staff and that ’s on that old Boulder Cove site so we believe someone will be
coming forward with that probably after the first of the year with a residential development on that. Then
we also had to change the name of a street up in Camden Ridge. Power Pointe was supposed to be on the
last City Council meeting. We ’re still working through some issues on that. As the developer told you,
the stormwater ended up being quite a bit more expensive than they originally put in the budget so we ’re
still trying to fine tooth that and working on the development contract. We ’re trying to keep that on for
the 12 th meeting. We ’ll see. Working through those issues there but that ’s all I had for the update. If I
may Mr. Chairman I ’ll go right into the items coming up for your November 19 th .
Aller: Please.
Aanenson: We have a few items on for that meeting. Right now we did not have anything come in for
your December 3 rd meeting so right now we ’re not planning on that meeting. We usually have one in
December because we get too close to the holidays there so right now we ’re not planning on a meeting so
your last meeting of the year would be then the 19 th of November. So with that, that ’s all I had.
Aller: Great.
Aanenson: Unless anybody else had anything to follow up on.
Aller: Any additional comments, questions? I ’ll entertain a motion to adjourn.
Undestad moved, Hokkanen seconded to adjourn the meeting. All voted in favor and the motion
carried unanimously with a vote of 6 to 0. The Planning Commission meeting was adjourned at
9:20 p.m.
Submitted by Kate Aanenson
Community Development Director
Prepared by Nann Opheim
low
II
MEMORANDUM
TO: Todd Gerhardt, City Manager
CITYOF FROM: Kate Aanenson, AICP, Community Development Director
CHANHASSEN DATE: November 25, 2013
7700 Market Boulevard O
PO Box 147 SUBJ: Development of the Chanhassen Pioneer Cemetery
Chanhassen,MN 55317
PROPOSED MOTION
Administration
Phone:952.2271100 City Council approves the development of the Chanhassen Pioneer Cemetery
Fax:952.227.1110 within our boundaries, including:
Building Inspections
Phone:952.227.1180 Surveying the property,tree removal, and grading;
Fax:952.227.1190 Installation of a landscape buffer on the eastern and southern
property lines;
Engineering Extension of the existing drive into the cemetery and installation of Phone:952.2271160
Fax:952.2271170 a hammerhead for turnaround purposes;
Establishment of fees for graves at $200 for Chanhassen residents
Finance and $500 for non-residents."
Phone:952.227.1140
Fax:952.227.1110 Approval requires a simple majority vote.
Park&Recreation
Phone:952.227.1120
PLANNING COMMISSION SUMMARY Fax:952.227.1110
Recreation Center The Planning Commission held a public hearing on November 5, 2013 to review the
2310 Coulter Boulevard development of the Chanhassen Pioneer Cemetery. At the hearing,the neighbors
Phone:952.227.1400 expressed concerns regarding visual impact,tree loss,parking,and economic impact.
Fax:952.227.1404
Planning& Five members of the commission participated in the discussion(1 was absent and
Natural Resources 1 recused himself). While the commission did not vote,they expressed verbal support
Phone:952.227.1130 for development of the cemetery as proposed in the staff report. They suggested that
Fax:952.227.1110 staff prepare a cost summary and review parking availability.
Public Works STAFF UPDATE & RECOMMENDATION
7901 Park Place
Phone:952.227.1300
Fax:952.227.1310 The cost summary prepared by staff is attached. The following assumptions were used
in developing the cost summary:
Senior Center
Phone:952.227.1125 Total New Graves 324
Fax:952.227.1110 Number of Existing Graves 612
Web Site
Price per Grave 200
www.ci.chanhassen.mn.us Information about grave sales from 1987 to 1998 is unavailable and therefore not
included in the cost summary. However, it is estimated that the city sold 12 graves per
year during this 12 year period x $200 = $28,200
Chanhassen is a Community for Life-Providing for Today and Planning for Tomorrow
Chanhassen Pioneer Cemetery
November 25, 2013
Page 2
Upon review of the parking concerns, staff does not believe the number of parking
spaces will change from the current availability. There is a surmountable curb on the
east side of Galpin Boulevard and cars can pull off the road and park in the boulevard
area(the area between the trail the street)and on the west side of Galpin where there is
no surmountable curb. Additionally, staff recommends that the existing driveway be
extended further east to accommodate the installation of a hammerhead for ease of
turning around.
Staff is also looking for direction from the City Council regarding future planning for a
columbarium on the site. A columbarium is a vault with niches for urns containing
ashes. This item was not included in the packet for the Planning Commission,but the
concept was presented to the neighborhood at a meeting in 2010. Staff felt it was
important to discuss this concept as we develop a long-term plan for the cemetery. If the
City Council would like this idea investigated,staff will put together some options
regarding the location, size, and cost benefit of a columbarium.
Finally, staff surveyed the KFS cities regarding cemetery fees (attached). It is staff's
recommendation that grave fees be established at $200 for residents and $500 for
non-residents. This recommendation will be included in the city code amendment
establishing fees that will be considered by the City Council on December 9th
ATTACHMENTS
1. Cost Summary
2. KFS Cities Survey
3. Example of Columbarium
4. Planning Commission Staff Report dated November 5, 2013
5. Planning Commission Minutes dated November 5, 2013
g:\plan\2013 planning cases\2013-24 chanhassen cemetery\executive summary.doc
COST SUMMARY FOR CHANHASSEN PIONEER CEMETERY DEVELOPMENT
November 2013
Projected Revenue
Total New Graves 324
Price per Grave (at current rate) 200
Total Revenue 64,800
Proposed Rate Change:
Resident Rate: 212 (2/3)plots x $200 =42,400
Non-Resident Rate: 112 (1/3) plots x $500 = 56,000 98,400
The estimated build-out is 27 years (1 grave per month on average).
Pro'ected Develo ment Costs
Site Preparation (completed in-house by city crews): 4,800
Estimated Time & Labor: 160 hours (2 employees x 2 weeks x $30/hour)
Survey Costs 2,000
Landscaping 5,000
Total Development Costs 11,800
Long Term Maintenance
Annual Mowing Costs @ 1.18 per grave 722.16
Additional 324 graves x 1.18 per grave 382.32
Total Annual Maintenance 1,104.48
4 mows/month @ 2 hours each mow= 8 hours per month x $15 per hour= $120 x 6 months =
720± 612 = $1.18
History of Fees Collected from Grave Sales and Interment Fees
Year Grave Sales Interment Fees
2013 0 100
2012 1,200 100
2011 2,600 300
2010 7,400 50
2009 1,600 150
2008 2,000 450
2007 4,600 150
2006 1,600 250
2005 1,800 400
2004 1,650 200
2003 1,000 350
2002 2,200 200
2001 400 150
2000 1,800 150
1999 6,000 400
Total 38,850 3,400
In 1987, the Chanhassen Pioneer Cemetery Association turned over their $16,000 treasury to the city.
Capital Expenses — Entry Monument
Arch, Fencing, Lettering, Footings 11,348.79
Landscaping 3,031.43
Stone Work 7,680.00
Consultant 6,496.67
Total 28,556.89
Rey enue/Expense Report
Cash on Hand:
Grave Sales 1999-2013 38,850.00
Treasury from Cemetery Assn. 16,000.00
Interment Fees 3,400.00 58,250.00
Capital Projects:
Arch and Fencing 28,556.89
Future Development of Cemetery 11,800.00
Past Long Term Maintenance, 1999-2013 16,567.20
at$1,104.48 per year x 15 years 56,924.09
Net+1- 1,325.91
Annual Projected Revenue Per Year:
64,800_27 years=$2,400 2,400.00
Annual Projected Expense 1,104.48
Total Net Revenue Per Year 1,295.52
Using the existing rate of$200 per grave
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PC DATE: November 5, 2013 D -1
CC DATE: November 25, 2013
CITY OF CHANHASSEN REVIEW DEADLINE: December 3, 2013
q s' CASE#: 2013-24 4' H A BY: KS
PROPOSED MOTION:
The Planning Commission recommends that the City Council authorize the development of the
Pioneer Cemetery to its full potential, which includes tree removal and grading. However,prior to
any development, the site should be surveyed to confirm the property boundaries. Additionally, it
is recommended that a landscape buffer be added to the eastern property line and possibly the
southern property line to screen the cemetery from neighboring properties."
SUMMARY OF REQUEST
Discuss the development of the Chanhassen Pioneer
Cemetery.
1
LOCATION: 8151 Galpin Boulevard r Ir p:
hanhass-r.Cemetery
141. APPLICANT: City of Chanhassen F 1—k ':! a
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PRESENT ZONING: Rural Residential (RR) Z
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2020 LAND USE PLAN: Large Lot Residential ia4 2%i11:!!•
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LEVEL OF CITY DISCRETION IN DECISION-MAKING:
The Chanhassen Planning Commission is acting in an advisory capacity.
Notice of this public hearing has been mailed to all property owners within 500 feet.
PROPOSAL/SUMMARY
The city is seeking input for developing the existing Chanhassen Pioneer Cemetery property.
The Planning Commission will forward recommendations to the City Council on the level of
development and type of buffer and tree preservation.
SCANNED
Planning Commission
Chanhassen Pioneer Cemetery—Planning Case 2013-24
November 5,2013
Page 2 of 4
APPLICABLE REGULATIONS
Chapter 8: City Cemetery
Chapter 2: Duties and Powers of the Planning Commission
Chapter 20: Landscaping and Tree Removal
Pioneer Cemetery Location Map
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BACKGROUND
The Pioneer Cemetery was established in 1861 by early pioneers of Chanhassen. In 1987,the
private cemetery association requested that the city take over ownership and maintenance of the
cemetery. The membership was aging and not capable of the task any longer. The city council
approved the acquisition and the association turned over$16,000 from their treasury to the city.
The city is responsible for marking graves for excavation and monument placement, mowing the
grass, sod/seed new grave sites, grave sales, working with funeral directors and excavators,
recordkeeping, etc.
Planning Commission
Chanhassen Pioneer Cemetery—Planning Case 2013-24
November 5, 2013
Page 3 of 4
The oldest grave in the Pioneer Cemetery is from 1855, which was originally located outside the
cemetery description. With the platting of the Timberwood Estates subdivision, the city sought
to remedy this by creating Outlot A and requiring the developer dedicate it to the city
Attachment#1).
The Pioneer Cemetery is a legal non-conforming use and is regulated by Chapter 8 of the City
Code and full development of the site is permitted.
ANAYLSIS
Currently the cemetery contains 720 plotted individual grave sites(Attachment#10), of which
612 are usable and sold(shown in yellow). The eastern and southernmost rows (108 graves
shown in green) are not usable due to dense buckthorn, overgrown shrubs and trees, and terrain.
In late 2009, staff met on site to determine how the easternmost(top)row of graves could be
made usable. The northeast property pin was located, however the southeast property pin could
not be found. The location of the northeast property boundary identifies space for an additional
216 graves that could be plotted(shown in red). Due to existing large trees that could be saved,
the city could choose not to utilize all of the treed plots.
The city forester completed a tree inventory and determined that of the 32 trees on the eastern
property line, only 8 are of desirable species or size(see Attachment#4). Many are box elders,
poplar or ash trees that are either small or not structurally sound. The buckthorn is thick and has
started to encroach into the usable graves. A survey of the property boundaries and the future
plots would be required.
The current overgrowth has created a natural buffer to neighboring uses on the southern and
eastern boundary. The city has an ordinance that considers buffering between different land
uses. In this instance both the land uses are low density so no buffer is required. Based on the
cemetery use and the proximity to residential homes, staff would recommend evergreen trees be
planted along the eastern boundary, and would consider landscaping along Lukewood Drive.
The city would also remove the trees not to be saved and grade the site to prepare it for future
graves.
RECOMMENDATION
Based on city code, the city is allowed to develop the cemetery property to its full potential,
which includes tree removal and grading. However,prior to any development, staff is
recommending that the property be surveyed to confirm the property boundaries. Additionally,
to be a good neighbor, staff is recommending that a landscape buffer be added to the eastern
property line and possibly the southern property line to screen the cemetery from neighboring
properties.
Planning Commission
Chanhassen Pioneer Cemetery—Planning Case 2013-24
November 5, 2013
Page 4 of 4
ATTACHMENTS
1. Timberwood Estates Plat.
2. Property Card for Outlot A, Timberwood Estates.
3. Property Card for Pioneer Cemetery property.
4. Pioneer Cemetery Tree Inventory.
5. City Code Chapter 8—City Cemetery.
6. City Code Chapter 2—Duties and Powers of the Planning Commission.
7. City Code Chapter 20—Landscaping and Tree Removal.
8. Public Hearing Notice and Affidavit of Mailing.
9. Public Hearing Notice TIME CORRECTION and Affidavit of Mailing.
10. Pioneer Cemetery Grave Layout Map.
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Property Card Parcel ID Number 258520380
Taxpayer Information
Taxpayer Name
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CHANHASSEN CITY
C/O CITY FINANCE DIRECTOR
Mailin g Address
POBOX147
CHANHASSEN, MN 55317-0147
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Property Address i:fit
Address
City
Parcel Information
Uses Muni Srvc Other GIS Acres 0.46
Tax Acres 0.50
Plat TIMBERWOOD ESTATES
Lot
Block
Tax Description OUTLOT A
Building Information
Building Style Finished Sq Ft Bedrooms
Year Built Other Garage N Bathrooms
Miscellaneous Information
School District Watershed District Homestead Green Acres Ag Preserve
0112
WS 064 RILEY PURG BLUFF
N N N CREEK
Assessor Information
Estimated Market Value 2012 Values 2013 Values Last Sale Payable 2013) Payable 2014)
Land 19,600.00 19,600.00 Date of Sale
Building 0.00 0.00 Sale Value
L Total 19,600.00 19,600.00 Qualified/Unqualified
Disclaimer: This information is to be used for reference purposes only.Carver County does not guarantee accuracy of the material
contained herein and is not responsible for misuse or misinterpretation.The preceding disclaimer is provided pursuant to Minnesota
Statutes 466.03,Subd.21(2000),and the user of this service acknowledges that the County shall not be liable for any damages,and
expressly waives all claims,and agrees to defend,indemnify,and hold harmless the County from any and all claims brought by User,
CARVER its employees or agents,or third parties which arise out of the user's access or use of data provided.
COUNTY
Wednesday, October 16, 2013 Carver County, MN Page 1 of 1
Property Card Parcel ID Number 250151900
Taxpayer Information
Taxpayer Name s*
CHANHASSEN CITY
C/O CITY FINANCE DIRECTOR
Mailin g Address
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PO BOX 147
CHANHASSEN, MN 55317-0147
Property Address
Address
City
Parcel Information
Uses Cemetery-Public GIS Acres 1.24
Tax Acres 1.25
Plat
Lot
Block
Tax Description P/O SW1/4 NW1/4 E 165'OF W 404.25'OF S 330'CEMETERY
Building Information
Building Style Finished Sq Ft Bedrooms
Year Built Other Garage N Bathrooms
Miscellaneous Information
School District Watershed District Homestead Green Acres Ag Preserve
0112 WS 064 RILEY PURG BLUFF
N N N CREEK
Assessor Information
Estimated Market Value; 2012 Values 2013 Values
Last Sale Payable 2013) Payable 2014)
Land 106,000.00 106,000.00 Date of Sale
Building' 0.00 0.00 Sale Value
Total 106,000.00 106,000.00 Qualified/Unqualified
Disclaimer: This information is to be used for reference purposes only.Carver County does not guarantee accuracy of the material
contained herein and is not responsible for misuse or misinterpretation.The preceding disclaimer is provided pursuant to Minnesota
Statutes 466.03,Subd.21(2000),and the user of this service acknowledges that the County shall not be liable for any damages,and
expressly waives all claims,and agrees to defend,indemnify,and hold harmless the County from any and all claims brought by User,
CARVER its employees or agents,or third parties which arise out of the user's access or use of data provided.
COUNTY
Wednesday, October 16, 2013 Carver County, MN Page 1 of 1
CHANHASSEN PIONEER CEMETERY
TREE INVENTORY
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Chanhassen City Code
Chapter 8 Cemeteries
Article II. - City Cemetery
Sec. 8-16. -Establishment; description.
The Chanhassen Pioneer Cemetery(also sometimes referred to as Chanhassen Cemetery), as
acquired by the city, by deed dated September 13, 1984, is established as a city cemetery and
shall be controlled, managed and operated as set forth in this article. The cemetery shall consist
of the following described tract of land in Carver County, Minnesota:
Commencing at a point on the quarter section line 239.25 feet east of the southwest corner of the
northwest quarter of section 15, township 116,range 23; thence north 330 feet to a point; thence
east 165 feet to a point; thence south 330 feet to a point on the quarter section line; thence west
165 feet to the place of beginning.
Sec. 8-17. -Rights reserved to city.
The city reserves the right to remove all monuments and all markers, flowers,plants,trees,
decorations or other similar things without liability to the owner whenever any of these objects
becomes unsafe or unsightly, or fails to meet the standards, rules or regulations of the cemetery
as provided for herein.
Sec. 8-18. -Records and reports.
The city clerk shall be the actuary of the cemetery and shall, in addition to other records and
duties, keep a register of all interments and disinterments.
Sec. 8-19. -Maintenance funds.
All income received by the city for grave or lot purchase price shall be receipted to the general
fund for the purpose of defraying the cost of caring for,maintaining and improving the cemetery
lots; expansion; or other cemetery purposes as determined by the city council.
Sec. 8-20. - Transfer of lots.
No cemetery graves or lots may be sold, assigned, conveyed or otherwise disposed of, except by
will or operation of law, without the approval of the city. The city retains the first option to
repurchase a cemetery grave or lot at the price paid or then current price, whichever is lower.
The city may use any of its funds or any cemetery funds for such repurchase and may hold such
grave or lot, or again sell and convey the same.
Sec. 8-21. -Monuments, markers and plantings generally.
a) In addition to those standards provided herein,the city manager may from time to time
adopt regulations establishing standards and requirements regulating the type, location,
size, material,number,the manner of placement and installation, and removal of
monument markers, and plantings permitted with the city cemetery to the extent not
established by this article, and may prohibit the placement of new monuments.
b) Every monument and marker shall be placed in the space as shown on the cemetery plat
or as directed by the city.No monument or marker shall be placed unless its location has
been approved by the city and the full purchase price of the grave has been paid.
c) No monument or marker may be constructed of limestone, sandstone,wood, or other
materials which will not assure relative permanency.
d) All markers or monuments shall be placed upon a suitable foundation and must be
structurally sound and properly secured to avoid endangering public safety, health and
other property. An apron of at least four inches in width shall be placed around said
marker or monument,which shall be made of concrete,which apron shall also be level
with the surface of the ground, and which shall be affixed to the marker so as to prevent
grass,weeds, or other vegetation from growing between the marker and apron.
e) This section and regulations that may be established by the city council shall not affect
monuments or markers of plantings in existence as of April 15, 1985, except in those
instances where such monuments or markers or plantings have become unsafe.
f) Only one monument or marker shall be allowed per grave.
Sec. 8-22. -Foundations.
All monuments and markers shall be placed on foundations of solid masonry at a depth and size
so as to assure no settling or movement of the marker or monument.
Sec. 8-23. -Installation of monuments or markers.
Persons engaging in placing monuments and markers shall provide adequate planking to protect
turf and shall remove materials, equipment and refuse immediately upon completion of work.
The lot owner, his heirs, successors or assigns are responsible for any failure to abide by this
section and shall pay for any and all charges or damages resulting. The lot owner,his heirs,
successors or assigns are also responsible for any and all damage resulting from injury or
damage to the cemetery or other lots during the excavation of the grave site or recovering
thereof. Contractors and others engaged in such work must notify the city before beginning the
same. All work in the cemetery, of whatever kind, must be carried on subject to the direction and
control of the city.No monument or marker shall be placed in the cemetery until authorization
has been issued by the city.
Sec. 8-24. -Vaults and mausoleums.
Above ground vaults and mausoleums are not permitted.P
Sec. 8-25. -Improvements.
Natural plants, shrubs and flowers in containers only may be placed on the cemetery lots.No
trees,vines, flowers, plants or shrubs may be planted, no fences erected,nor shall unnatural
flowers, shrubs or plants be placed on the cemetery lot. The city reserves the right to remove any
2
tree, shrub, vine,plant or flower which may become unsightly, dangerous or not in keeping with
the landscaping design of the cemetery or this section. The foregoing prohibition shall not apply
to the city.
Sec. 8-26. -Hours open to public.
The cemetery will be open to visitors during the hours of sunrise to sunset. Permission to enter at
other times shall be secured from the city.
Sec. 8-27. - Graves.
Each grave in the cemetery may contain the remains of up to two people, either one casket and
one cremation urn, or two cremation urns. However, only one monument or marker will be
allowed per grave.
3
Chanhassen City Code
Chapter 2 Administration
Article IV.—Boards and Commissions
Division 1.—Generally
Sec. 2-46.03. - Planning commission.
a) Commission established. The planning commission is established pursuant to the
Minnesota Municipal Planning Act, and has the powers and duties assigned to it by that
act, by this Code, and state law. The planning commission is hereby designated the
planning agency of the city pursuant to the Municipal Planning Act.
b) Membership. The planning commission consists of seven members appointed in the
manner set forth in this subsection. Members of the commission are appointed by the
council for staggered terms of three years, expiring on March 31 of each year.
c) Officers; meetings. The chairperson and vice chairperson of the planning commission are
appointed by the commission from among its membership for the term of one year. The
commission shall adopt its own bylaws with the approval of the city council. All
members of the commission may vote on all questions before the commission.No
member of the commission may vote on any question in which the member has fiduciary
interest, either directly or indirectly. The commission shall determine in its bylaws the
date and time of its meetings and shall set such public hearings as are necessary and
desirable, or as required by law or this Code.
d) Powers and duties. The planning commission shall have the powers and duties allowed
under state law, including:
1) To prepare a comprehensive plan for the future development of the city that is
submitted to the council for implementation and to recommend amendments of the
plan to the council from time to time as may be necessary or desirable.
2) To initiate, direct, and review, from time to time, a study of the provisions of the
zoning code and the subdivision regulations and to report to the council its advice and
recommendations with respect thereto.
3) To study applications and proposals for amendments to the zoning code and
applications for special permits and to advise the council of its recommendations
thereon.
4) To study preliminary plats and to advise the council of its recommendations thereof.
5) To act in an advisory capacity to the council in all matters wherein powers are
assigned to the council by state law concerning comprehensive planning,zoning,
platting, changes in streets, and other matters of a general planning nature.
e) Reports. The commission shall make an annual written report to the council,not later
than March 31 of each calendar year, containing the commission's recommendations for
the ensuing year.
Chanhassen City Code
Chapter 20 Zoning
Article XXVI.—Landscaping and Tree Removal
DIVISION 1. - GENERALLY
Sec.20-1176.—Intent, scope and compliance.
a) The intent of this ordinance is to improve the appearance of vehicular use areas and property
abutting public rights-of-way; to require buffering between noncompatible 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.
b) Except for buffer yard requirements specified in subsection 20-1176(f)below, this ordinance
does not apply to single-family developments in Al, A2, RR, RSF, and R4 zoning districts
which are regulated by landscaping requirements contained in the subdivision ordinance
chapter 18).
c) No new site development, building, structure or vehicular use area is allowed, unless
landscaping is provided as required in this ordinance.
d) No property lines shall be altered nor shall any building, structure or vehicular use area be
expanded, unless the minimum landscaping required by the provisions of this ordinance is
provided for the entire property.
e) The landscaping standards shall provide for screening for visual impacts associated with a
given use, including but not limited to:
1) Truck loading areas;
2) Trash storage;
3) Parking lots, interior lot areas and perimeters;
4) Large unadorned building massing;
5) Garage doors associated with auto oriented uses; and
6) Vehicular stacking areas for drive through uses.
f) Buffering shall be provided between high intensity and low intensity uses, between a site and
major streets and highways, and in areas where buffering is required by the comprehensive
plan. Such buffering shall be located within a required buffer yard. The buffer yard is a unit
of yard together with the planting required thereon. The amount of land and the type and
amount of planting specified for each buffer yard required by this subsection are designed to
ameliorate nuisances between adjacent land uses or between a land use and a public road.
The planting units required of buffer yards have been calculated to ensure that they do, in
fact, function to "buffer."
1) Buffer yards shall be located on the outer perimeter of a lot or parcel extending to the lot
or parcel boundary line, except where easements, covenants or natural features may
require the buffer yard to be set back from the property line. Subject to review and
approval by the city engineering department, buffer yards that are compatible with the
typical city boulevard planting requirements may be located within a portion of an
existing municipal public collector or arterial right-of-way.
2) To determine the buffer yard required between two adjacent parcels or between a parcel
and a street, the following procedure shall be followed:
a. Identify the proposed land use of the parcel and the land use of the adjacent parcel or
functional classification of abutting right-of-way based on the city future land use
plan.
b. Determine the buffer yard required on each boundary, or segment thereof, of the
property by referring to the following table of buffer yard requirements and
illustrations set at the end of subsection(2), which specify the buffer yard required
between adjacent uses and streets.
c. Buffer yard requirements are stated in terms of the width of the buffer yard and the
number of plant units required per 100 linear feet of buffer yard. Each illustration
depicts the minimum buffer yard required between two uses or adjacent to a collector
or arterial right-of-way. The project developer shall be responsible for providing 75
percent of the required plantings. If abutting property owner(s) desire to bring the
buffering to 100 percent of the required buffer yard plantings,then the adjacent
property owner(s)may install the remaining 25 percent of the required plantings on
their own property. When the parcel abuts public property, such as roads or parks,the
developer shall be responsible for 100 percent of the required plantings.
d. Whenever a wall, fence, or berm is required within a buffer yard,these are shown as
structure required" in the buffer yard illustrations. The erection and maintenance of
all required structures shall be the responsibility of the buffer yard provider(project
developer). Maintenance of the structure shall be the responsibility of the landowner
on whose property the structure is located.
e. All buffer yards shall be maintained free from all forms of development or storage of
equipment or materials. A ground cover of vegetative or organic material shall be
provided. Buffer yards shall be maintained free from junk and debris. Dead or
diseased vegetation shall be removed and replaced with healthy vegetation. The
responsibility to maintain,remove or replace plant materials shall be that of the
landowner on whose property the plant material needing maintenance or replacement
is located.
2
TABLE OF BUFFER YARD REQUIREMENTS
Proposed Development
Adjacent Land Use LL/LD MD HD OFF MIX COM PUB ACT PASS OFF/IND
LL/LD none B C C C D BB A D
MD none A B B C D BB A D
HD none A A B C D BB A D
OFF none B B A B B BB B B
MIX none C C B B B CC C B
COM none C D B B A CC C B
PUB none A A B C C A A A C
ACT none A B B B C A A A C
PASS none A A B B C A A A C
OFF/IND none C C B B B CB B B
ROAD B B B B B B B B B C
The land use abbreviations are as follows:
LL/LD—Large lot and low density residential
MD—Medium density residential
HC—High density residential
OFF—Office
MIX—Mixed use
COM—Commercial
PUB—Public/semi-public
ACT—Active park/open space
PASS—Passive park/open space
OFF/IND Office/industrial
DIVISION 2. - TREE PRESERVATION
Sec. 20-1178. - Generally.
a) It is the policy of the city to preserve natural woodland areas throughout the city and with
respect to specific site development to retain as far as practical, substantial tree stands which
can be incorporated into the overall landscape plan.
b) No clear cutting of woodland areas shall be permitted except as approved in a subdivision,
planned unit development or site plan application.
c) The standards in City Code subsection 18-61(d) shall be used in evaluating site plans.
3
CITY OF CHANHASSEN
CARVER&HENNEPIN COUNTIES
NOTICE OF PUBLIC HEARING
PLANNING CASE NO.2013-24
NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a
public hearing on Tuesday,November 5, 2013, at 7:00 p.m. in the Council Chambers in
Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to Review City
Cemetery Property and Operations on property located at 8151 Galpin Boulevard.
Applicant/Owner: City of Chanhassen—Planning Case 2013-24.
A plan showing the location of the proposal is available for public review on the City's web
site at www.ci.chanhassen.mn.us/2013-24 or at City Hall during regular business hours. All
interested persons are invited to attend this public hearing and express their opinions with respect to
this proposal.
Kate Aanenson,AICP, Community Development Director
Email: kaanenson@ci.chanhassen.mn.us
Phone: 952-227-1139
Publish in the Chanhassen Villager on October 24,2013)
CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE
STATE OF MINNESOTA)
ss.
COUNTY OF CARVER )
I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on
October 24,2013,the duly qualified and acting Deputy Clerk of the City of Chanhassen,
Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public
Hearing for Review of City Cemetery Property and Operations—Planning Case 2013-24 to
the persons named on attached Exhibit"A", by enclosing a copy of said notice in an envelope
addressed to such owner, and depositing the envelopes addressed to all such owners in the United
States mail with postage fully prepaid thereon; that the names and addresses of such owners were
those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and
by other appropriate records.
I
4111I• ilk i
Ailethiiis/.
K. •n J. En,, - . dt, Dep ity Clerk
Subscribed and sworn to before me
this day of 0C-1-o±p r' , 2013.
Notary Pu. is
oiieesrAr KIM T. MEUWISSEN
1 1:%. Notary Public-Minnesota
My Commission Expires Jan 31,2015
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ALLAN K BROWN BRIAN N &JANELLE H JOHNSON CHARLES R SOHN
2329 LUKEWOOD DR 8120 PINEWOOD CIR 2351 LUKEWOOD DR
CHANHASSEN, MN 55317-9370 CHANHASSEN, MN 55317-9664 CHANHASSEN, MN 55317-9370
CHRISTOPHER J BOIK DANIEL M GRUSS DENTON FAMILY TRUST
2380 TIMBERWOOD DR 2300 LUKEWOOD DR 2305 LUKEWOOD DR
CHANHASSEN, MN 55317-9668 CHANHASSEN, MN 55317-9370 CHANHASSEN, MN 55317-9370
JEROME A&NANCY N PARTEN JONATHAN 0& DIANA L NOLLER MARK A& NANCY E BIELSKI
2301 LUKEWOOD DR 2381 TIMBERWOOD DR 8140 PINEWOOD CIR
CHANHASSEN, MN 55317-9370 CHANHASSEN, MN 55317-9671 CHANHASSEN, MN 55317-9664
RICHARD R LINDQUIST ROGER A&GAYLEEN M SCHMIDT
616 N 7TH ST 8301 GALPIN BLVD
SAINT LOUIS, MO 63124-1690 CHANHASSEN, MN 55317-8413
CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE
STATE OF MINNESOTA)
ss.
COUNTY OF CARVER )
I, Karen J. Engelhardt,being first duly sworn, on oath deposes that she is and was on
October 29,2013,the duly qualified and acting Deputy Clerk of the City of Chanhassen,
Minnesota; that on said date she caused to be mailed a copy of the attached notice of TIME
CORRECTION for Public Hearing for Review of City Cemetery Property and Operations
Planning Case 2013-24 to the persons named on attached Exhibit"A",by enclosing a copy of
said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all
such owners in the United States mail with postage fully prepaid thereon;that the names and
addresses of such owners were those appearing as such by the records of the County Treasurer,
Carver County, Minnesota, and by other appropriate records.
05 . 0 ._ ._ _
Ka J. Enz./el ."dt, D: Clerk
Subscribed and sworn to before me
this '' day of OGw-2013.
Notary Publi
p; /p ,/``' A
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H89Tre0 KI!r', MEUWI$SEN
4 Notary Public-Minnesota
rommission Expires Jan 31,2015
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2329 LUKEWOOD DR 8120 PINEWOOD CIR 2351 LUKEWOOD DR
CHANHASSEN, MN 55317-9370 CHANHASSEN, MN 55317-9664 CHANHASSEN, MN 55317-9370
CHRISTOPHER J BOIK DANIEL M GRUSS DENTON FAMILY TRUST
2380 TIMBERWOOD DR 2300 LUKEWOOD DR 2305 LUKEWOOD DR
CHANHASSEN, MN 55317-9668 CHANHASSEN, MN 55317-9370 CHANHASSEN, MN 55317-9370
JEROME A& NANCY N PARTEN JONATHAN 0& DIANA L NOLLER MARK A& NANCY E BIELSKI
2301 LUKEWOOD DR 2381 TIMBERWOOD DR 8140 PINEWOOD CIR
CHANHASSEN, MN 55317-9370 CHANHASSEN, MN 55317-9671 CHANHASSEN, MN 55317-9664
RICHARD R LINDQUIST ROGER A&GAYLEEN M SCHMIDT
616 N 7TH ST 8301 GALPIN BLVD
SAINT LOUIS, MO 63124-1690 CHANHASSEN, MN 55317-8413
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CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
NOVEMBER 5,2013
Chairman Aller called the meeting to order at 8:00 p.m.
MEMBERS PRESENT: Andrew Aller,Mark Undestad,Lisa Hokkanen,Maryam Yusuf, Stephen
Withrow,and Steven Weick
MEMBERS ABSENT: Kim Tennyson
STAFF PRESENT: Kate Aanenson,Community Development Director; Bob Generous, Senior Planner;
Sharmeen Al-Jaff, Senior Planner; and Alyson Fauske,Assistant City Engineer
PUBLIC PRESENT:
Doug Allen 2250 Lukewood Drive
Mike Hodges 8101 Pinewood Circle
Chuck Sohn 2351 Lukewood Drive
John Noller 2381 Timberwood Drive
J.B. Ryan 8121 Pinewood Circle
PUBLIC HEARING:
CHANHASSEN PIONEER CEMETERY: REVIEW OF CITY CEMETERY PROPERTY ON
PROPERTY LOCATED AT 8151 GALPIN BOULEVARD. APPLICANT/OWNER: CITY OF
CHANHASSEN,PLANNING CASE 2013-24.
Commissioner Withrow was not present to vote on this item.
Aanenson: Thank you Mr.Chairman,members of the Planning Commission.This item is before you
today to gather input for the level of discretion is really you're acting as an advisory capacity to the City
Council and so whatever,whether it's not similar. It's different than what you would do as a variance
application or subdivision where you have to have a certain percentage to move forward so really all
you're doing is just giving your input to the City Council. Again acting as advisory. I did include that
chapter under your powers and duties so some of this,whatever you recommend forward will then also be
taken under advisement as the City Council reviews their application. So this is scheduled,for anybody
following this item,it is scheduled to go forward to the City Council on November 25th. So the subject
site is located on 8151 Galpin Boulevard. There's actually two parcels and I'll go into a little bit more
detail on the parcels and the description and the history in a moment but as we sent this notice out,again
with this process we put a notice out,as our typical process,and to everyone within 500 feet but we also
put a sign out there. We did receive a number of calls because the sign was out there,concerned that we
were moving the cemetery. No we're not moving the cemetery so of the 25 plus calls most of them were
just general information. Wanted to know what the City was doing. I explained to them what was
identified in the staff report as far as proposals. Again nobody objected to that part of it and we also did
receive a number of inquiries about additional plots that may be available. So with that I'll go through a
little bit of the history of the cemetery itself. As stated in the staff report it was established in 1861 by the
early pioneers of Chanhassen and in 1987 the private cemetery association requested that the City take
over ownership and maintenance of the cemetery. The membership was aging and was not capable of
doing it any longer so they asked the City to take it over and turned over what they had left in their
treasury which was about$16,000. So the City's responsible for marking the graves and monument
placement,mowing and maintaining of the site,and working with funeral directors for record keeping and
Chanhassen Planning Commission—November 5,2013
the like. So the oldest grave was from 1855 and that was actually in this area right here and so that was
originally was outside of actually the boundaries of the cemetery because this part was established in
1961. 1861, excuse me. So when the Timberwood Estates plat came in,the City worked, so that would
be this exception right here was the original 1861 establishment so when Timberwood came in it was
discussed whether or not they could make the cemetery bigger. At that time the 2 1/2 acre minimum lot
size was required and the developer didn't want to lose an additional lot so in working through that,
because this property already had graves on it,the legal opinion by the city attorney at that time was that
that was eminent domain and they took,worked with the developer and go this piece of property added to
the cemetery in 1988 simultaneously really with the Timberwood Estates subdivision so this comprises,
these two parcels comprise then the 1.75 acres of the cemetery itself. I did attach the city ordinance as
part of the staff report. That's Chapter 8 that guides the rules of the city cemetery. Again this is unique in
the fact that specific rules regarding this specific cemetery. As you may or may not be aware,we do have
the St.Hubert's cemetery which is a conditional use and is governed by a different set of rules but this is
what was put in place for the cemetery and has not been changed since it was adopted in 1988. So just for
your edification I did include that how it's being operated and maintained and if anybody has questions
on that,I will answer that. So in looking at the cemetery itself and the boundaries of the property the City
did a tree survey on the property and the trees shown in red are some were some of the significant trees
that wanted to be saved. There's a lot of buckthorn that's in the area that's creating some conflict with
trees that are already platted in the area. Certainly there's trees that are there right now that have been,
plots have not been used because significant trees are in the area and that would continue to be in place
but as the City moves forward it is determined that there's 32 trees on the eastern property line and only 8
of them are desirable species so those are the ones shown in red. And many of the box elders or the
poplars or the ash trees are either small or not structurally sound so, and also there's thick buckthorn in
the area. I did pass out to you some comments from the neighbors regarding the buffer treatment itself
and as you know when we do subdivisions it comes up often that the neighboring properties wants to
make sure that no trees are cut down on someone else's property and I think that's a conflict we work
through all the time and that was the goal with this process is to try to find a way to create that buffer
along the property line of the adjoining properties to make sure that there's adequate buffer and provide
some screening in that location. In looking at.
Allen Can I ask a question? With regard to the buffer, even though you're suggesting that there's an
ade q uate buffer,the code doesn't seem to require a buffer for this property.
Aanenson: That's correct. You have low density, low density. You're looking at grave stones which are
pretty low profile. In looking at the elevation it's dropping from the property immediately to the east
down towards Galpin Boulevard,about 10 feet as you go towards Galpin so it's sloping down. So the
goal would be to put landscaping along this perimeter so what the City's desires are,we do have this
property corner marked is to identify this property corner. Get that surveyed. Survey the additional
available plots in that area. Again there is a demand for additional grave sites. This is about 60 feet,
which is approximately what this line to right here is. So the whole depth of that site is about 250 feet.
The whole depth of that property so that's an additional 60 feet. By planting,by cleaning up the site now
and getting those trees planted it provides for a greater buffer into the future as that,to get the maturity
going as that would move forward. So that would be the goal. Again because there is low density, low
density we want to be a good neighbor and create that buffer and as you recall when we've done low
density subdivisions we've always asked the neighboring property to take that into consideration too so
that would be the recommendation. So the goal is that there's currently 720 plotted graves on the site and
there's, so you can see of the yellow ones are already platted. The green ones are in a tree line so to clean
that up would allow those,they're platted but there's trees in the way. The buckthorn and the like that
would need to be cleaned up to move and then the additional one shown in red which is another 216
would be the ones that would be surveyed at the time that we would survey this line and create those
additional plots. Again I did pass out to you an email I did receive and if you have questions on that I'd
2
Chanhassen Planning Commission—November 5,2013
be happy to address some of the issues in there so I'll leave that up to you Mr.Chair how you'd like me to
do that but I'd be happy to go through some of the points in that.
Aller: I would just note that for the record we did receive the email dated Tuesday,November 5,2013,
time stamped at 7:10 a.m. and it will be part of the record. It has been received. It has been read and if
you'd like to address anything you feel is particularly important or, does anybody have any questions?
Aanenson: Well,yeah. I mean if anybody has any questions I guess I'll take it from there. If somebody
wants me to address something specifically that was in there.
Aller: Having read it I don't but.
Yusuf: I have just one question.
Aanenson: Sure.
Yusuf: On this email the question is asked whether an economic study, economic impact study was
performed or conducted. Was there one?
Aanenson: No. The City has had the property for a number of years. They're in the business. If
someone would request that I don't think the Planning Commission would do that. If you want to make
that a request to the City Council that they would do that and figure out the price of,that they want,if
they want to do something for that. You can make that,certainly that can be one of your
recommendations that they do that. But whether or not we were to move forward the City is always going
to have to maintain their entire property.
Aller: Right.
Aanenson: Is there any other questions on that per se?
Weick: I do. Is the plan for buffering just to keep the trees that are in red?
Aanenson: No. The ones in red would be future graves. About 216.
Weick: No,no,no,no.
Aller: On the tree survey.
Weick: On the tree survey.
Aanenson: On the tree survey, I'm survey. No,no,no. That would just, I'm sorry. Go back to this.
Aller: Those are the.
Aanenson: Desirable trees that we try to save that are on the site so the additional buffering would be you
know what's kind of in place right here. Put this with entire evergreens along this border here and then in
looking at this area here, I'm not sure we would need evergreens in talking to the forester. Maybe
something lower profile. Maybe not quite as tall that would be in this area here along the Lukewood
Drive site and that's something that we could certainly work with the neighborhood on to show them
some different iterations of that buffer and how that would work and get their input on that. So with that
Mr. Chairman we are recommending that you know,that the City staff would like to pursue then
3
Chanhassen Planning Commission—November 5,2013
surveying the site. Going ahead and moving with the tree removal and platting these extra grave stones
and then working with the neighborhoods again to get the adequate buffer and with that I'd be happy to
answer any questions that you have.
Aller: You've answered mine.
Undestad: I just had one question. Do you know what the depth is from the red? I mean what the buffer
area,how wide is that?
Aanenson: Between the red here?
Undestad: Do we know yet?
Aanenson: Well this whole,right through here is about 60 feet so between the last grave stone and maybe
10 feet.
Undestad: Okay.
Aller: Anything? Alright,having no further questions from the members what I'll do is open the public
hearing. Anyone from the audience wishing to come forward to speak for or against the motion before
the board. Yes sir,please come forward and state your name and address for the record.
Doug Allen: My name's Doug Allen. I live at 2250 Lukewood Drive,which is not shown on here. Had
a question then a comment. The question is, go back to the so you can see I'm to the east. The cemetery
doesn't border my property but if we could go back to the slide that showed the,that shows the different
grave sites. The ones that are in green currently,are those plots currently,they're in the tree line. Are
they currently owned by anyone other than the City? Are they sold? Why are they not in use?
Aanenson: There's trees there right now and so I think now that all the other plots have been sold,they
have...
Doug Allen: Okay, so those are.
Aanenson: But they are platted.
Doug Allen: They're platted but they're currently not sold.
Aanenson: Correct.
Doug Allen: Okay.
Aanenson: I don't know if that's true or not. I do not know if they're sold or not. I know they're platted.
Doug Allen: Okay. What's,and then the other question I have, and I haven't looked at the budget.
Currently what does the City spend to maintain the cemetery.
Aanenson: I do not have that information.
Doug Allen: Okay,and we don't know then with the additional grave sites what the additional cost for
maintenance would be?
4
Chanhassen Planning Commission—November 5,2013
Aanenson: No.
Doug Allen: What would the cost of the grave sites be if an individual wanted to purchase them?
Aanenson: That information I do not have. I can have that for when we go to the City Council or provide
that on our website.
Doug Allen: Okay,it just seems pretty clear to me, I don't want the City you know selling these grave
sites for one and then having the ongoing cost to maintain what I really do consider a resource to the city.
I mean it's part of our culture and our heritage and that will lead into my second comment but I don't
want to see that cost us additional dollars. Taxpayer dollars if you sell it once and you've got to maintain
it forever so I think the economics have to be worked out.
Aanenson: Sure. Well I guess I would say on that,the City's already the majority of it right now.
Doug Allen: I know but once you expand it what's the additional cost to maintain that additional
property? I mean it's a significant increase so you're going to have more time and labor involved in
maintaining that property. Then the other thought that I have is, I'm opposed to expanding. I think that
culturally it is part of our heritage here in this city and very few places are going to have a culturally
significant,you know this is civil war era cemetery. It's really nice to go there. It's very peaceful. I
think by expanding it and modernizing it, it loses some of it's heritage and it's cultural appeal to our area
so I think by just making it another cemetery,we as a city stand to lose something. Also I think great care
does need to be taken on the buffer zones and I would hope that the City,before making any decisions
would work with the property owners in both the, along Lukewood and in Timberwood so that we have a
better understanding of what that would look like because while we all knew that the cemetery was part of
the landscape when we moved in,you know I think the hope is that we maintain some of it's character
and we have to be very,very careful with what that buffer zone is going to look like,if anything is done.
Even if it's not an expansion but it's just maintenance of the property because I certainly know the
buckthorn problem that we have in Chanhassen and it would be great to take care of that but,but those
trees are going to be maintained. That area. The Oaks neighborhood has a lot of beautiful trees. As a
property owner you know I've spent thousands and thousands of dollars to take care of my elm trees.
You know that's part of Chanhassen. Part of our symbol of our city so that's also something to keep in
mind in terms of the economic cost of maintaining this property. Those trees are going to have to be
maintained and cared for as well so we'll want to know what that plan looks like. Overall I think I would
say just leave it like it is. I don't think we need to do anything to the property. Thank you.
Aller: Thank you sir. Any additional comments from anyone? Speaking either for or against. Yes sir. If
you could state your name and address for the record that would be great.
Mike Hodges: Sure. Good evening,my name is Mike Hodges. I live at 8101 Pinewood Circle. I'm here
to oppose not only the expansion but also the removal of trees from the cemetery. I think as the previous
gentleman spoke,that is part of our neighborhood that character of the cemetery is quite unique and what
makes that cemetery character be what it is,is actually the tree canopy and I think to disturb that would
remove that character from it's existence as we know it today. And it's interesting, it was shared earlier,
that people drove by and called in. I think that's pretty telling that to drive by and they must have
physically had to have stopped to get the telephone number off the sign that was posted there because that
meant something to them and I heard you say, I didn't hear the voicemails of course but one of the things
you stated was,they were concerned. Maybe you didn't use the word concerned,they were wondering if
it was going to be moved. Why would they say that? Why would they ask that? Because that cemetery
is part of Chanhassen,excuse me. Again it goes back to the character. And my last thought is this,
whoever's running the technology, if you could do me a favor. If you could put that screen saver back up.
5
Chanhassen Planning Commission—November 5,2013
I noticed something when I walked in the room earlier. Your Chanhassen screen saver. Take a good look
at that picture up there. What I noticed in the top left corner is a beautiful scenery. What makes it
beautiful? It's the trees. Take a look at your very own bottom left corner. Once again a picture of trees
and foliage. Take a look at the bottom right corner. Once again there is a reason the City has picked
these three pictures. The foliage. The trees and the beauty that come with them. I don't think the City
would have selected any of those three pictures to depict the city if those were cut down. Also quite
ironic, look at the center of the screen saver. Above the City of Chanhassen,my eyes are a little blurry.
What is that figure? I actually see it on the wall behind us a lot clearer. It's rather large. Looks like a
leaf to me. Once again part of the city. Part of who Chanhassen and what we want Chanhassen to
represent so for those reasons I'm opposed of not only the expansion but the removal of any of the trees.
Thank you.
Alley: Thank you.
Aanenson: Can I just clarify the comments that were regarding the phone calls?
Aller: Sure.
Aanenson: I don't think anybody was,the majority of the comments were making sure that that cemetery
continues to be,it's not just people that were buried there in the past. There are people continue to be
buried there, and people were concerned that they can continue,that that continues so that wasn't that we
don't do anything or that we're going to move it. That wasn't the majority of the comments. I just want
to make sure that's clear.
Aller: Thank you. Any additional comments? Your name and address for the record please.
Chuck Sohn: My name is Chuck Sohn. I live at 2351 Lukewood Drive which is just south of the
cemetery.
Aller: Welcome.
Chuck Sohn: I just want to go on the record as opposing the expansion. It just seems like there must be a
better place to bury people than in a cemetery that is in such a small space where you have to remove a lot
of trees and invest a lot of money in squeezing in more grave sites on such a small piece of land. The
other thing I wanted to ask was,I read that the southeast pin has not been located. Is that still the case?
Aanenson: That's correct.
Chuck Sohn: So what would happen if you could not locate it? Would you just assume that the property
line goes straight down?
Aanenson: No,you can tie it back to other survey markers so you have the surveyor do it and then find it.
Put a new survey pin in. That's what a survey does. It happens all the time on people's property that the
pin may get moved and we just resurvey and put the new pin in.
Chuck Sohn: Okay.
Aanenson: Yep.
Chuck Sohn: But who determines where that pin goes?
6
Chanhassen Planning Commission—November 5,2013
Aanenson: The surveyor.
Chuck Sohn: The surveyor.
Aanenson: A qualified surveyor. The same thing as anybody else in the city would use to survey their
property.
Chuck Sohn: Thank you.
Aller: Thank you. And again for those at home,these reports in total are on the website so if you're
interested in taking a look at them they're on the City of Chanhassen website under the Planning
Commission and under the documents there. Any other statements? Comments? I have another
individual coming forward. If you could state your name and address for the record sir.
John Noller: John Noller,2381 Timberwood Drive. I'm just to the north. The bordering property to the
north of the cemetery.
Alley: Okay.
John Noller: I have a few questions. So how many additional graves total,red,green are going to be
proposed to be added?
Aanenson: 108 are in the green and then the 216 in the red.
John Noller: What is the entire proposed project cost?
Aanenson: Don't have that.
John Noller: Ballpark figure?
Aanenson: Don't have that.
John Noller: And where will the money come from to pay for the proposed project?
Aanenson: It'd be part of the cemetery operations.
John Noller: And when I spoke with Karen earlier,before the sign was put up, she said the plot would
cost$200 and that that cost would be maintained moving forward. Is that still going to be the case?
Aanenson: That would be a decision made by the City Council.
John Noller: And then when will the City work with the community about the buffer?
Aanenson: Would be our recommendation,whatever this group recommends to the City Council that the
City Council would then direct staff to work with the neighborhood to create that buffer. So then we
would report back to the City Council what that direction would be and they would approve that plan.
John Noller: And proposed start date for the project is?
Aanenson: Whenever the City Council determines that to be.
7
Chanhassen Planning Commission—November 5,2013
John Noller: Okay. I would just like to go on the record saying that my family and,we oppose the
project and expansion. To kind of talk about or to echo some of the things that my neighbors have said is
that the City Council once referred to Timberwood Estates particularly as a quote,rural lifestyle
community and an expanded cemetery would really sully the quaintness and country feel of our
neighborhood and the surrounding communities. Again I'm the top house there. I look,when I sit on my
deck every night and I watch people walk through that cemetery. People are walking their dogs. They're
taking their kids through there. When you guys talk about low density, from what I could figure out and
read,you're talking about population,yes? People moving through the cemetery.
Aanenson: Well that's what it's zoned for and there's,yeah. I mean I'm assuming that it's someone in
the neighborhood walking through.
John Noller: It's a lot of people.
Aanenson: Right.
John Noller: I'm out there on my deck a lot and work in the yard a lot. I've got 2 1/2 acres that I've got
to deal with. I've got a lot of leaves that I've got to deal with. There are a lot of people in that cemetery
and I think it's a really,really cool thing that people are going and checking those things,the grave stones
out because there is a lot of history and I think that to sometimes bigger is not better. I think that it really
removes the quaintness and country feel of the area and I think would not be a positive thing for our
community. I also feel that the additional non-natural barrier will significantly impact the property values
of all homes that border the cemetery and in turn will lower the values in each neighborhood. Property
values aren't,you know I don't need any help going that direction and also if it's going to come out of my
tax dollars I don't really want to pay for my property values to go down either. Question. If you remove
the rear barrier where will the grounds crew deposit their waste that they pick up in, on the grounds?
Aanenson: That would be a condition that we'd ask them to accommodate the waste. I'm assuming
they're hauling some of that out now.
John Noller: Because currently it goes into the buffer area both on the east side and then on the north side
on my property and again I have to look at that. People who have family buried there,I respect that and I
think that's great but they're not there every day. I'm there 24 hours a day, 7 days a week. So are my
neighbors and so we have to look at this stuff every day and so what I'm concerned about is that if
particularly the east side gets taken and kind of opened up into graves,then my north side will become the
dumping ground and I just would like some concern to be paid to that.
Aanenson: Can I just get a clarification on what you're talking about? Are you talking about people that
would visit graves and pick up like...
John Noller: No,like the grounds crew when the,particularly well to give you a good example. When
the fence,or when the tree fell on my fence from the graveyard,picked up the phone. Called the City.
Great. You know awesome response. They came out. They asked if they needed to fix it but when they
cut up the tree they just left the tree there so you know when they pick up sticks or when they pick up
brush or when they cut things down,that just gets deposited on the periphery. It doesn't get hauled away
so I have to look at the pile of sticks and at times I've gone over and tried to tidy it up myself just because
I don't want to look at it so again I'm just trying to be a good neighbor here with the cemetery next door.
Okay, foot traffic is kind of a critical thing as well as just traffic alone. The addition of the high school
has made Galpin a pretty busy place. I think that you now start adding a bunch of graves and start making
this a really active graveyard,you're going to add more traffic into the area. Also top on that the
apartment complex that's going up on 5 and Galpin and we're just,you're adding more and more traffic
8
Chanhassen Planning Commission—November 5, 2013
to an already very,very busy street. And include in that foot traffic that again we the neighborhood have
to kind of sit there and look at. It's already a lot and we don't need 300 and some odd more folks. And
then my last comment is that,if the project is recommended forward, our family would like to see
additional barrier to the north side of the cemetery for the reasons I've stated above. Thank you.
Aller: Thank you. Welcome.
J.B. Ryan: My name is J.B. Ryan. I live on the property just east of the bordering property there, 8121
Pinewood. My question is,with the new road we've got an everything,where is the parking now for
Memorial Day service and stuff like that? With the wide yellow lines painted they took away any parking
at all in front of that cemetery and you want to put in hundred and some more grave sites. Memorial Day
when everybody wants to go and visit,where do they park? There is now zero parking where there was at
least a lane there they could park and it was the right turn lane to go into Timberwood but that is all gone
now with this stupid yellow paint job they put all over the road that steers us off into traffic and shoots us
back across traffic. One lanes goes to two in the middle. It's ridiculous so I'm just asking with the
expansion that you're looking for,where does even 4 cars park? There's nowhere allowed at all.
Aller: Anyone else? Seeing no one come forward I'm going to close the public hearing and open for
commissioners discussion. Again this is not a vote up or down. We're going to be passing these
comments to the council for decision.
Undestad: Well,it's a cemetery. It's been there what,the mid 1800's. Have all these sites,the plots all
been kind of set up in there or have we been kind of looking at this like 10 years ago we said let's add
another row and 10 years ago another row.
Aanenson: That's correct. So now we've got people requesting additional sites. While there are pioneers
there,there's people being there and so what we're requesting now is to move into the area of the red
zone. Instead of trying to do one row at a time, it makes sense to get the buffer going. To work with the
neighborhood now. To get it surveyed. Get it prepared. Get all the lots,the plots surveyed and then
some people buy the plots and they may not need them for a number of years so you know while they're
sold that doesn't mean they're all being used at the time so it's, some people want to make those decisions
for their parents today and so.
Undestad: And I guess that's my point is,we do have old people in Chanhassen and there may be people
that have been waiting or looking at these places for years and to now to say well let's you know cut that
off. We won't do that. People might already be knowing this is where I'm going to be someday and now
we say oh you know I don't know if you can do that so, I think if it's been a cemetery the whole time.
Everybody knows what's going on in there. The only issue I see is the parking comment. You know
when the lane changes and that is a problem out there now. How do you handle the traffic on Memorial
Day out there? I think that needs to be looked at but I think as far as the cemetery goes,people in
Chanhassen know it's out there. They've been,people want it. People are going to use that and how do
you just say no? How do you shut it off now and just say, go find another place?
Aller: Additional comments?
Hokkanen: Well I had some comments about the trees,or questions. I know Jill probably looked through
this very well. I mean I understand the comments from the property owners about the buffer and the City
can work with them on all sides,north, east,and south side. I think that's really important. There's a
couple of burr oak trees that look fairly large that are in the black,could they be saved? I mean those
look like, it's kind of nice in a cemetery to have some big old trees.
9
Chanhassen Planning Commission—November 5,2013
Aanenson: Yeah,right. We can revisit,as the one neighbor stated,we've had trees fall so I think it's not
only the age but the health and the quality of the tree.
Hokkanen: Okay.
Aanenson: Because if we try to save it and in 2 years you know she believes it may come down so we
can certainly revisit some of those larger trees. That was her recommendation but I can make that note
to...
Hokkanen: Well those two,yeah and because some of them she has labeled here poor. I mean I can see
that in the box elder but maybe if we can just try to save some.
Aanenson: Yeah, if you've been out there? There is one that's in pretty poor shape.
Hokkanen: Yeah,right. And then parking. Is,you know as we open up,I mean I think it's nice. It's
been a cemetery. It's nice. I've walked through there and walked my dog through there. It's historic but
parking since they have restriped Galpin is an issue that I think needs to be looked at. If someone was to
have a funeral there,where do you park 40 cars? You know so I think those are my two. I can, would
like to look into that a little bit more.
Aller: Comments,questions?
Weick: Yeah I would comment that I think the plan,with the added greens and reds does a great job of
maximizing the space that's available. In hearing the comments that have been made today,potentially
there's a way,I'm not sure it has to be all or nothing in my opinion so I'm not sure we have to maximize
it and I'm not sure maybe we have to do nothing and maybe there's a plan that could,you know work
more closely with some of the clear objections to the tree situation that maybe does a more beautiful job
of incorporating some number of increased sites to satisfy that need for the City as well as maintain you
know some of the beauty of the existing space for the neighbors as well so,I would just propose
potentially that maybe it's not an all or nothing type of plan.
Hokkanen: I think for the City Council if we could have the costs available that would have been helpful
as well. Cost to purchase. The cost to maintain.
Aanenson: And that's true but that's not to say that the City Council.
Aller: Although that's not our purview as planners.
Aanenson: Yeah,that's true.
Alley: We talk about use,not cost...
Aanenson: ...and the council may take that under advisement to want to relook at that so I tried to just
kind of keep it to kind of the.
Hokkanen: Use.
Aanenson: What's in your purview,correct.
Aller: I think there are many times that things come before the commission that never get followed
through on by the homeowner because of changing circumstances. Change in costs so they could do
10
Chanhassen Planning Commission—November 5,2013
something. They've come and asked for permission. They've gotten it granted and then they decide not
to do it so again anything we do today is advisory. The City Council's going to make that decision.
They're going to take a look at the costs. The expense as they move forward which is why they haven't
done it in the past in my estimation so.
Hokkanen: Okay.
Aller: Comments.
Yusuf: No further questions.
Alley: Yeah,I agree with the comments. I think it's important that we take a look at the parking
situation. Whether or not there's a permit scenario or a special permit for purposes of funerals or for
those holidays like Memorial Day or Veterans Day where people will be visiting those graves. The buffer
aspect again,I think the City's been a good neighbor since the cemetery was there to begin with,has been
a good neighbor in allowing what has been termed as a buffer to remain. Basically it's trees. There is no
buffer requirement so when I look at it I say well by leaving it there they've allowed for a cloaking of the
cemetery on those sides and there certainly is nothing to stop anyone on the northeast or south from
putting up their own barriers and putting up their own trees. Putting up their own fences if they are at the
right height and all those requirements but there's nothing' g to stop p them from creating their own barriers
and creating their own buffer on their own property so I would encourage, and my comments would
follow along with the report. I would encourage them to continue in that vein. To work with them to
truly create a buffer to the extent that it doesn't require the City not to do and not to fully utilize it's
property.
Audience: Can I interject something? I could not put up my own buffer on the south side. That's not
mine. I don't own the property on the other side of the street. That's the cemetery's so I'm sorry to
interrupt.
Aller: No that's fine. I mean what we want to do is have a conversation so that the City Council will get
the information it needs to make an appropriate decision. Okay, so with those comments we'll ask that
those comments be passed along to the City Council.
Aanenson: That's correct and then just again a reminder. This is currently scheduled to go to the City
Council on November 25th. We do not send a notice out again but if you want to check the City's web
pages with any updates then we'll certainly have those in the project file.
Aller: Correct and there'll be an updated package for the City Council people to look at so.
Aanenson: That's correct.
Aller: Any of those numbers or things that are provided will be on the website. Okay, let's move along
to item number 2.
Commissioner Withrow returned to the commission for the rest of the agenda.
PUBLIC HEARING:
VARIANCE: REQUEST FOR A VARIANCE FROM SECTION 20-615 OF THE CHANHASSEN
CITY CODE TO CONSTRUCT A DETACHED GARAGE ON PROPERTY ZONED
RESIDENTIAL SINGLE FAMILY(RSF)AND LOCATED AT 6780 LOTUS TRAIL.
11
0
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
Planning &
Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110
Public Works
7901 Park Place
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Web Site
www.ci.chanhassen.mn.us
H -3
TO: Todd Gerhardt, City Manager
FROM: Laurie Hokkanen, Assistant City Manager ,
DATE: November 25, 2013
SUBJ: Massage Therapy Business Licensing
PROPOSED MOTION
The Chanhassen City Council adopts an Ordinance Amending Chapter 10 of the
Chanhassen City Code concerning Licensing Massage Therapy Businesses."
Approval requires a simple majority vote.
BACKGROUND
Based on the feedback received from the City Council and businesses over three work
session discussions, staff proposes to implement Massage Therapy business licenses via
the attached ordinance.
Key provisions of the ordinance:
One time $50 License Fee
One -time Background Check: Conducted by Carver County at a cost of $250 per
business (regardless of the number of owners /general managers). A new
background check would be required only if/when management or ownership
changes. Staff will send an annual notice to inquire about such changes. No
action will be necessary if there are no ownership or management changes. The
background check will examine the following:
Subjects: Owner(s) and General Manager(s)
Must disclose all businesses owned currently or in previous 7 years
Provide 3 character witnesses within the State of Minnesota
Massage businesses located within a chiropractor's office are exempt from
Chanhassen licensing according to state law. Home occupations are also exempt,
but must comply with Chanhassen home occupation rules.
Only massage businesses are required to obtain a license. Individual employees
working at a licensed business are not required to obtain a license.
G: \Admin \LH\Massage Licensing\massage licensing adoption staff report Nov 25 13.doc
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
Mr. Todd Gerhardt
November 25, 2013
Page 2
Business owners are responsible for the following:
Maintain full name, DOB, and address of each employee.
Truthfully represent business operations.
A license is subject to revocation or suspension. A license holder may be
summoned for an administrative hearing for the following reasons:
Content of advertising that calls into question the nature of the business.
Suspension or revocation of a license in another city.
In order to assist with the implementation of this new program, and in recognition of the
public safety benefits of doing so expeditiously, businesses that submit their applications
prior to December 31, 2013 will pay a reduced fee of $25 for the license and $125 for
the background check, for a total fee of $150. All businesses must have their application
submitted prior to January 31, 2014. Full fees apply after January 1, 2014.
New businesses are required to submit an application prior to opening.
RECOMMENDATION
Staff recommends adoption of the attached ordinance implementing Massage Therapy
Business Licenses.
ATTACHMENT
1. Proposed Ordinance
AN ORDINANCE AMENDING CHAPTER 10
OF THE CHANHASSEN CITY CODE
LICENSING MASSAGE THERAPY BUSINESSES
THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
SECTION 1. Chapter 10 of the Chanhassen City Code is amended by adding Article VIII to
provide as follows:
ARTICLE VIII. MASSAGE THERAPY BUSINESSS
LICENSING MASSAGE THERAPY BUSINESSS
10 -216 POLICY; LICENSE REQUIRED; EXCEPTIONS:
A. Findings; Policy. Massage Therapy Businesss are subject to abuses which are contrary to
the morals, health, safety and general welfare of the community. Control of these abuses
requires intensive efforts of the Sheriff, as well as City departments. These efforts
exceed those required to control and regulate other business activities licensed by the
City. This concentrated use of City services tends to detract from and reduce the level of
service available to the rest of the community and thereby diminishes the ability of the
City to promote the general health, welfare, morals and safety of the community.
B. License Required. No person shall operate a Massage Therapy Business, either
exclusively or in connection with any other business, without being licensed as provided
in this Chapter.
C. Exceptions. License Exceptions.
The following people and businesses are exempt from the provisions of this Chapter
while performing activities covered by their professional licenses or professional
affiliations:
1. People licensed by the State of Minnesota to practice medicine, surgery,
osteopathy, chiropractic, physical therapy, occupational therapy, podiatry and
nursing, and people working solely for and under the direction of those
individuals;
2. Beauty culturists and barbers licensed by the State of Minnesota who do not hold
themselves out to give massages, other than that customarily given in the field and
limited to the face, neck and scalp for beautification purposes only;
3. Health care facilities;
172793v.3
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4. Home occupations;
5. A person or organization providing temporary massage services such as "chair
massage" is not required to obtain a massage business license.
10 -217 DEFINITIONS: As used in this Chapter, the terms defined in this Section shall have
the following meanings ascribed to them:
Health Care Facility: A person, association, business, organization or institution
providing medical, surgical, dental, chiropractic, osteopathic or physical therapy services
where practitioners are licensed by the State of Minnesota.
Massage Therapy: The rubbing, stroking, kneading, tapping or rolling of the body of
another with the hands or objects for the exclusive purpose of physical fitness, relaxation,
and beautification and for no other purpose.
Massage Therapy Business: Any premises in which Massage Therapy is practiced,
except a residence of the Massage Therapist that is used only by that Massage Therapist
for the practice of Massage Therapy at the residence.
10 -218 LICENSE; APPLICATION: Application for a Massage Therapy Business license
shall be made on forms provided by the City Clerk. The application shall contain:
A. The address of the property to be used;
B. The names and addresses of the owner, lessee, if any, and the operator or manager;
C. Such other information as the Carver County Sheriff may require for the purposes of
conducting a background check.
If the application is made on behalf of a corporation or a partnership, it shall be accompanied by
appropriate business records showing the names and addresses of all individuals having an
interest in the business and, in the case of a corporation, the names and addresses of the officers
and shareholders. Applicants shall furnish to the City with their application documents
establishing the applicant's interest in the premises on which the business will be located.
Documentation shall be in the form of a lease, deed, contract for deed or any other document
which establishes the applicant's interest. If the application is by a natural person, it shall be
signed and sworn to by such person; if by a corporation, by one of the officers; if by a
partnership, by one of the partners; and if by an unincorporated association, by the manager or
managing officer thereof.
10 -219 LICENSE AND INVESTIGATION FEES: The fee for a license is Fifty Dollars
50.00). The fee for the required background investigation is Two Hundred and Fifty Dollars
250.00) The application, investigation, and license fees shall be paid when the application is
filed. In the event that the application is denied or if the issued license is revoked, canceled,
suspended or surrendered, no part of the license fee shall be returned to the applicant unless by
172793v.3 2
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City Council action. A separate license shall be obtained for each place of business. The
licensee shall display the license in a prominent place in the licensed business at all times.
10 -220 GRANTING OR DENIAL OF LICENSES: License applications shall be reviewed
by the Sheriff's office and Planning Department. The review shall include background checks of
the owner(s) and general manager(s) for a license and inspection of the premises covered by the
application to determine whether the premises conform to all requirements of this Chapter and
the City Code. Licenses shall be granted or denied by the City Council subject to the provisions
of this Chapter.
10 -221 CONDITIONS GOVERNING ISSUANCE:
A. No license shall be issued if the applicant or any of its owners, managers, employees or
agents is a person of bad repute.
B. Licenses shall be issued only if the applicant and all of its owners, managers, employees
and agents are free of convictions for offenses which involve moral turpitude or which
relate directly to such person's ability, capacity or fitness to perform the duties and
discharge the responsibilities of the licensed activity.
C. Licenses shall be issued only to applicants who have not, within seven (7) years prior to
the date of application, been denied licensure or who have not within such period had a
same or similar license revoked.
D. Licenses shall be issued only to applicants who have provided all of the information
requested in the application, have paid the full license fee and have cooperated with the
City in review of the application.
E. If the applicant is a natural person, a license shall be granted only if such person is
eighteen (18) years of age or older.
10 -222 RESTRICTIONS AND REGULATIONS:
A. Compliance with Law. The licensee and the persons in its employ shall comply with all
applicable regulations and laws of the City and State relating to safety and morals.
B. Person in Charge; Manager. If the licensee is a partnership or a corporation, the applicant
shall designate a person to be manager and in responsible charge of the business. The
manager shall remain responsible for the conduct of the business until another suitable
person has been designated in writing by the licensee. The licensee shall promptly notify
the Sheriff's Department in writing of any such change indicating the name and address
of the new manager and the effective date of such change.
C. Hours. The licensed premises shall not be open for business nor shall patrons be
permitted on the premises between the hours of 1:00 a.m. and 6:00 a.m.
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10 -223 REVOCATION AND SUSPENSION OF LICENSE: The license may be revoked,
suspended or not renewed by the City Council upon a showing that the licensee has engaged in
any of the following conduct:
A. Fraud, deception or misrepresentation in connection with the securing of the license.
B. Habitual drunkenness or intemperance in the use of drugs, including but not limited to the
use of drugs defined in either Federal or State laws, barbiturates, hallucinogenic drugs,
amphetamines, Benzedrine, dexedrine, or other sedatives, depressants, stimulants, or
tranquilizers.
C. Conduct contrary to the interests of the public health, safety, welfare or morals.
D. Acts demonstrating or involving moral turpitude.
E. Failure to fully comply with the requirements of this Chapter.
F. Conviction of prostitution or other offense involving moral turpitude by any court of
competent jurisdiction.
G. Engaging in any conduct which would constitute grounds for refusal to issue a license
under this Chapter.
SECTION 2. This ordinance shall be effective immediately upon its passage and publication.
PASSED AND ADOPTED this
of the City of Chanhassen, Minnesota.
ATTEST:
Todd Gerhardt, Clerk/Manager
Published in the Chanhassen Villager on
172793v.3
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day of
0
2013 by the City Council
Thomas A. Furlong, Mayor
2013).
CITY OF
f CHANHASSEN
9
H
ASS
Massage Therapy
Business License
Application of
Each representative of the business shall complete this application. If the owner is an individual, form must be completed
by such person; if a corporation, by an officer, if a partnership, by one of the general partners; if an unincorporated
association, by the manager or managing officer. Each person serving as a general manager for the business shall also
complete an application.
Full Name: DOB/
Last First Full Middle
Residence Address:
Street city State Zip
Business Address:
Street city State Zip
Phone: ( ) Altetnate Phone: ( )
Fax: ( ) Email:
Please list any massage businesses owned /operated or worked at by this individual in the past seven (7) years
Business Name:
Address:
Years Owned /Operated (circle one): From (Month) (Year) to (Month) (Year)
Please list any current massage business licenses held in the State of Minnesota:
City: Business Name:
City: Business Name:
City: Business Name:
Please list any criminal convictions you have:
Please provide three character witnesses currently living in the State of Minnesota:
Full Name:
Last
Residence Address:
Street
Phone: ( )
First Full Middle
city State
Alternate Phone: ( )
Zip
City of Chanhassen
Full Name:
Last
Residence Address:
Street
Phone: ( )
Full Name:
Last
Residence Address:
Street
Phone: ( )
Name of Property Owner
Contact:
Address:
Street
Phone: ( )
Fax: ( )
Massage Therapy Business License Application
Page 2
First
city
Alternate Phone: ( )
Full Middle
State zip
First Full Middle
City State
Alternate Phone: ( }
city
Alternate Phone: ( )
Email:
zip
State zip
I have familiarized myself with the Chanhassen City Code Chapter 10 (Massage Business Licensing) and subsequent ordinance amendments pertaining
thereto, and will abide by the provisions contained therein.
I declare that the information I have provided on this application is truthful and I understand that falsification of answers on this application will result in
denial of the application. I authorize the Carver County Sheriffs Office to investigate and make whatever inquiries are necessary to verify the
information provided.
Applicant's printed name Applicant's signature Date