CC SUM 2013 11 25
CHANHASSEN CITY COUNCIL
REGULAR MEETING
SUMMARY MINUTES
NOVEMBER 25, 2013
Mayor Furlong called the meeting to order at 7:00 p.m. The meeting was opened with the Pledge to
the Flag.
COUNCIL MEMBERS PRESENT:
Mayor Furlong, Councilman McDonald, Councilwoman
Tjornhom, Councilwoman Ernst, and Councilman Laufenburger
STAFF PRESENT:
Todd Gerhardt, Laurie Hokkanen, Paul Oehme, Kate Aanenson, Todd Hoffman,
Greg Sticha, and Roger Knutson
PUBLIC PRESENT:
Brian and Jan Johnson 8120 Pinewood Circle
Chris Bagdons Highway 7
Dana Muller 8850 Sunset Trail
PUBLIC ANNOUNCEMENTS:
Mayor Furlong read an invitation to the annual Tree Lighting
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Ceremony which will be held on Saturday, December 7 at 5:00 p.m.
CONSENT AGENDA: Councilman Laufenburger moved, Councilman McDonald seconded to
approve the following Consent Agenda items pursuant to the City Manager’s recommendations:
1. Approval of City Council Minutes dated November 12, 2013.
2. Receive Planning Commission Minutes dated November 5, 2013.
3. Approve Agreement with MnDOT for Right-of-Way Settlement in Conjunction with the TH 5
Project.
4. Approve AFG Grant Application for Main Fire Station Exhaust System.
Resolution #2013-59:
5. Approve Resolution Certifying Hookup Charges, Sewer Access Charge
and Water Connection Charge.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
VISITOR PRESENTATIONS.
None.
LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE.
Lt. Jeff Enevold reminded everybody
about thefts from vehicles before introducing Sergeant George Pufahl who discussed a call for service
that resulted in apprehending someone stealing from cars and the I Got Caught program. Lt. Jeff Enevold
continued talking about implement more positive reinforcement programs in the future. Chief John Wolff
discussed calls for service numbers, his mission trip to Liberia, Africa with an organization called the Fire
Rescue Alliance before introducing his two new assistant fire chiefs John Murphy and Cori Wallis who
provided their background information. Chief John Wolff followed up with a reminder to all citizens to
be careful with cooking and candles during the holiday season.
City Council Summary – November 25, 2013
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.
Kate Aanenson presented the staff report and Planning Commission update on this item. Councilwoman
Ernst asked staff to address concerns regarding parking. Councilman Laufenburger asked about setback
and buffer requirements, and maintenance costs. Councilman McDonald asked for clarification of the
rates being charged for plots. Mayor Furlong asked about lighting, landscape buffering, future plans for a
columbarium, and the financial analysis before opening the meeting for public comments. Doug Allen,
2250 Lukewood Drive commented that he believes the plots are priced too low and asked what would
prevent someone from buying all the unsold plots. He asked for clarification of wording in the motion in
regards to working with the neighbors on buffering. Jan Johnson, 8120 Pinewood Circle commented on
the lack of parking, and concern over the loss of vegetation. John Noller, 2381 Timberwood Drive asked
that additional landscape buffering be considered on the north side which borders his property, does not
support the expansion of the cemetery, submitted a report from the Northern Ireland Environmental
Agency. Cemeteries, Burials and the Water Environment regarding ground water contamination, and
submitted a petition signed by 42 neighbors who are against this expansion. Brian Johnson, 8120
Pinewood Circle, whose email is included in the packet, reiterated his concern with the lack of parking
and associated safety concerns with the recent restriping on Galpin Boulevard. After comments from
council members, staff was directed to prepare a revised site plan with landscaping and the columbarium
as a long range plan for this property.
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
AND FOODS.
Kate Aanenson presented the staff report and Planning Commission update on this item. Councilwoman
Tjornhom asked if there were any uses not permitted on this site. Councilman McDonald asked about
removal of the underground gas tanks. Mayor Furlong asked about signage requirements. The applicant,
Dean Devolos, 333 Washington Avenue North, Minneapolis explained how this type of project has
worked in Edina and is looking forward to being in Chanhassen.
City
Councilwoman Tjornhom moved, Councilwoman Ernst seconded that the Chanhassen
Council approve the site plan consisting of a 10,443 square-foot multi-tenant building,
Planning Case 2013-23 as shown in plans dated received October 4, 2013, and including the
attached Findings of Fact and Recommendation, subject to the following conditions:
Environmental Resource Conditions:
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.
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City Council Summary – November 25, 2013
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.
Building Official Conditions:
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.
Fire Marshal Conditions:
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.
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City Council Summary – November 25, 2013
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.
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.
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City Council Summary – November 25, 2013
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.
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 5 to 0.
CONSIDER AMENDMENT TO CITY CODE CONCERNING MASSAGE BUSINESS
LICENSING.
Laurie Hokkanen presented the staff report on this item. Councilman McDonald asked for clarification of
st
the dates for application and reduced fees if submitted by December 31. Mayor Furlong opened the
meeting for public comment. Roxanne Wilden, a nationally certified massage therapist for 20 years,
discussed her educational background and suggested that therapists should be licensed by person, not by
business, and that the City consider certifications. Chris Bagdons, co-owner of Ovations Health Spa at
the corner of Highways 7 and 41, agreed that education is a huge part of the business and asked what he
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City Council Summary – November 25, 2013
should do if a patron comes in and solicits for prostitution. Staff told him he should call City Hall or 911
to let the sheriff’s office handle the situation.
Councilman McDonald moved, Councilwoman Ernst seconded that the Chanhassen City Council
adopts an ordinance amending Chapter 10 of the Chanhassen City Code concerning licensing
Massage Therapy Businesses, and further as an incentive to help in the assistance of the
implementation of this new program, in recognition of the public service benefits of doing so in the
quickest manner possible, and recognizing the businesses that have performed a service within the
community, businesses that submit their applications prior to December 31, 2013 would pay a
reduced fee of $25 for the license and $125 for the background check for a total fee of $150.
Otherwise the ordinance becomes effective as of January 1, 2014 and all businesses must have their
applications submitted to the City by January 31, 2014 or they are in non-compliance with the
statute. All voted in favor and the motion carried unanimously with a vote of 5 to 0.
CONSIDER PLANS AND SPECIFICATIONS AND JOINT POWERS AGREEMENT FOR
LYMAN BOULEVARD IMPROVEMENTS BETWEEN POWERS BOULEVARD AND
AUDUBON ROAD.
Councilwoman Tjornhom left during this item and did not vote.
Paul Oehme introduced Lyndon Robjent, the Public Works Director and Darin Mielke, the Assistant
Public Works Director for Carver County before presenting the staff report which outlined the scope of
the project, funding sources, and schedule. Councilwoman Ernst asked staff if they had a cost estimate
for undergrounding the electrical. In regards to an email in the packet from Mr. Dorsey, Councilwoman
Ernst asked why a public hearing was not held with the condemnation of private property, why the access
point was withheld, why a long term drainage plan is missing on the south side of the road, and
clarification of bringing utilities to the Preserve development. Mayor Furlong asked about the source of
funding for the cost of undergrounding electrical service. Lyndon Robjent, Carver County Engineer
explained that this has been a long process and they’re looking forward to getting the project started,
noting the County incorporated ideas from specifically Rick Dorsey and Jeff Fox on design details.
Mayor Furlong opened the meeting for public comment. Jeff Fox, representing the Fox Family parcel
south of Lyman Boulevard and west of Powers Boulevard, addressed his concern of providing a second
access onto their property off of Lyman Boulevard. Jeff Franz who lives on the northwest corner of
Sunset Trail and Lyman Boulevard stated he would prefer to see the intersection stay the way it is but
understands expansion is good. He expressed his displeasure with the people handling the right-of-way
easement acquisition process. Asim Syeda, 1561 Lyman Boulevard, agreed with Jeff Franz that it has
been a very difficult process with the right-of-way easement acquisition, expressed safety concerns with
no right turn lane into his property from a 55 miles per hour roadway, and requested that a fence, gate or
landscaping be provided on his property. After comments from council members the following motion
was made.
Resolution #2013-60: Councilwoman Ernst moved, Councilman McDonald seconded that the
Chanhassen City Council approves plans and specifications, Joint Powers Agreement and
Resolution for Improvements to Lyman Boulevard (CSAH 18) from Audubon Road to Powers
Boulevard. All voted in favor and the motion carried unanimously with a vote of 4 to 0.
COUNCIL PRESENTATIONS:
Mayor Furlong wished everybody a Happy Thanksgiving weekend.
ADMINISTRATIVE PRESENTATIONS:
Todd Gerhardt and Paul Oehme discussed the construction
project associated with Highway 101 south of Lyman Boulevard to Pioneer Trail; Todd Gerhardt
informed the council that he will be attending the Public Utilities Commission (PUC) hearing regarding
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City Council Summary – November 25, 2013
the Westgate transmission line in which the PUC staff is recommending, contrary to Xcel’s burying the
new transmission line along Highway 5, to go above ground.
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 4 to 0. The City Council meeting was
adjourned at 10:20 p.m.
Submitted by Todd Gerhardt
City Manager
Prepared by Nann Opheim
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