SUM 2004 05 24CHANHASSEN CITY COUNCIL
REGULAR MEETING
SUMMARY MINUTES
MAY 24, 2004
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 Labatt, Councilman
Ayotte, Councilman Peterson and Councilman Lundquist
STAFF PRESENT: Todd Gerhardt, Justin Miller, Tom Scott, Kate Aanenson, Paul
Oehme, Todd Hoffman and Bruce DeJong
PUBLIC PRESENT FOR ALL ITEMS:
Debbie Lloyd
Janet & Jerry Paulsen
Melissa Gilman
Dan Keefe
7302 Laredo Drive
7305 Laredo Drive
Chanhassen Villager
Planning Commission
CONSENT AGENDA: Councilman Peterson moved, Councilman Lundquist
seconded to approve the following consent agenda items pursuant to the City
Manager's recommendations:
Approval of Minutes:
-City Council Work Session Minutes dated May 10, 2004
-City Council Summary & Verbatim Minutes dated May 10, 2004
Receive Commission Minutes:
-Planning Commission Summary & Verbatim Minutes dated May 5, 2004
-Park and Recreation Commission Summary & Verbatim Minutes dated April 27,
2004
Accept $1,000 Donation from the Chan-o-Laires Chorus Group for the Senior
Center.
Resolution #2004-33: Award of Bid for Furniture, Lower Level Remodeling
Project.
e. Approval of Change Orders, Lower Level Remodeling Project.
Approval of Temporary On-Sale Liquor License, Fourth of July Celebration,
Chanhassen Rotary Club.
g. Approval of Purchase Agreement with Plowshares, Inc.
City Council Summary - May 24, 2004
Approval of Amendment to Development Contract for Burlwood, Project No. 03-
10.
Approval of Comment Letter for TH 41 Over the Minnesota River Scoping
Document/Draft Scoping Decision Document, PW067E2.
Resolution #2004-34: Approval of Land Use Plan Amendment to Re-Guide
Property from Public/Semi-Public and Residential-Medium Density (Net Density
Range 4-8 units/acre) to Residential-Low Density (Net Density Range 1.2-4
units/acre); Located South of Minnewashta Regional Park Between Highway 41
and Lake Minnewashta (Ches Mar Area).
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
Co
APPROVAL OF PLANS, BUDGET AMENDMENT, AND AUTHORIZE
ADVERTISING FOR BIDS, HIGHWAY 41 TRAIL CONNECTION
PROJECT.
Councilman Ayotte asked staff to address the number of vendors being used, the bidding
process and establishing a list of performance criteria for a vendor base.
Resolution #2004-35: Councilman Ayotte moved, Councilman Peterson seconded to
approve the plans, budget amendment and authorize advertising for bids, Highway
41 trail connection project. All voted in favor and the motion carried unanimously
with a vote of 5 to 0.
Jackie Kurvers with the Chan-o-laires Chorus Group, along with the Director Marion
Peck, presented a check in the amount of $1,000 to Mayor Furlong to be used in the new
Chanhassen Senior Center.
VISITOR PRESENTATIONS:
Debbie Lloyd, 7302 Laredo Drive addressed the city code amendments regarding private
streets. Janet Paulsen, 7305 Laredo Drive addressed Chapters 18 and 20 of the city code
amendments, specifically Section 20-43 regarding lakeshore owners notification, Section
481 regarding setbacks from private streets, and Chapter 18 regarding the 60 by 60 house
pad requirement. Michael Kohane, 6870 Yuma Drive spoke about their appeal to a
variance request for the property located at 795 Ponderosa Drive and asked what the City
and the Carver Beach community can do to preserve smaller, 9,000 square feet and less
treed lots in that area. He also brought up the issue which was in the local paper
regarding a state law allowing ATV use in wetlands. Mayor Furlong asked Kate
Aanenson and Todd Hoffman to address these issues.
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City Council Summary - May 24, 2004
LAW ENFORCEMENT/FIRE DEPARTMENT UPDATES.
Sergeant Olson introduced Deputy Mike Stultz and provided his background information.
He then reviewed the sheriff' s office area report, citation list, crime alerts issued by Beth
Hoiseth, and community service officer report for the month of April. He stated that
electric, battery and gas powered scooters are not allowed on city streets, trails or
sidewalks and for parents to be aware of that and inform their kids. He talked briefly
about internet fraud. Mayor Furlong asked staff to follow up with the sheriff' s office
regarding any public safety concerns brought up at commission and council meetings.
Chief Gregg Geske provided the update from the Chanhassen Fire Department.
PUBLIC HEARING: SPECIAL ASSESSMENT HEARING FOR 2004 MSA
STREET IMPROVEMENTS, PROJECT 04-02.
Public Present:
Name Address
Jack Atkins
Paul Eidem
Brian Nustad
Gene O'Brien
220 West 78th Street
7727 Frontier Trail
7791 Erie Avenue
Chapel Hill Academy
Paul Oehme provided historical background on this item and presented the staff report.
Councilman Ayotte asked for clarification on the funding sources. Mayor Furlong asked
people to submit written objections for the record and then opened the public hearing.
John (Jack) Atkins, 220 West 78th Street raised objections because he feels the road is in
perfect condition having been replaced in 1993 and they're not the beneficiaries of the
road. Councilman Ayotte asked Jason Sprague, Project Manager with SEH to explain
which percent of the total project was the portion of the road that was redone in 1993.
Mayor Furlong asked staff to clarify the funding sources and availability. Paul Eidem,
7727 Frontier Trail asked if the money received from the state to pay for the West 78th
Street portion covers the 25 percent which was being discussed. The council discussed
with staff how the assessments were established. Gene O'Brien, a board member with
Chapel Hill Academy asked for clarification on the funding and need of the project. Paul
Eidem asked for clarification regarding benefiting properties. Brian Nustad, 7792 Erie
Avenue had a question regarding the geography of properties included for assessment.
Jerry Paulsen, 7305 Laredo Drive expressed concern to see a decision made on the basis
that money is available rather than on the need to do the work. He also suggested to help
alleviate traffic going where it shouldn't be going, to look into making streets one way.
Mayor Furlong closed the public hearing after reminding residents to submit their
objections in writing. After discussion by council, the following motion was made.
Councilman Labatt moved, Councilman Ayotte seconded to table the special
assessment hearing for 2004 MSA street improvements, Project 04-02. All voted in
favor and the motion carried unanimously with a vote of 5 to 0.
City Council Summary - May 24, 2004
AWARD OF BIDS FOR 2004 MSA STREET IMPROVEMENTS, PROJECT 04-
02.
Councilman Labatt moved, Councilman Ayotte seconded to table the award of bids
for 2004 MSA street improvements, Project 04-02. All voted in favor and the
motion carried unanimously with a vote of 5 to 0.
REQUEST TO REPLAT eUTLeT B, BLUFF CREEK CORPORATE CENTER
INTO 26 LOTS AND 2 eUTLeTS AND SITE PLAN APPROVAL FOR THE
CONSTRUCTION OF FIVE 3-UNIT AND TWO 5-UNIT OFFICE BUILDINGS
ON 13.43 ACRES; STONE CREEK TOWN OFFICES, EDEN TRACE
CORPORATION.
Kate Aanenson provided background information and an update from the Planning
Commission meeting on this project. Councilman Labatt asked for clarification
regarding maintenance of the sidewalk system. Councilman Peterson asked about the
berming. Mark Undestad, the applicant stated the project is receiving a lot of interest
from local businesses who are ready to move from their homes and basements into this
project.
Councilman Lundquist moved, Councilman Labatt seconded that the City Council
approve preliminary plat for Planning Case #04-15 for Stone Creek Town Offices as
shown on the plans received April 13, 2004, subject to the following conditions:
The total SWMP fee, due payable to the City at the time of final plat recording, is
$64,268.
2. A park fee of $94,010 shall be paid for the 13.43 acres at the time of the replat.
Submit a private cross-access and cross-parking easement against all lots at time
of final plat recording. Cross-access easements for the shared driveway accesses
must be obtained and recorded against all lots.
Add the following City of Chanhassen Detail Plate Nos. 1004,1005, 1006, 2001,
2101, 2103, 2201, 2204, 3101, 3102, 5201, 5203, 5207, 5214, 5215, 5216, 5300
and 5302.
Prior to final plat approval, a professional civil engineer registered in the State of
Minnesota must sign all plans.
Prior to final plating, storm sewer design data will need to be submitted for staff
review. The storm sewer will have to be designed for a 10 year, 24 hour storm
event.
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City Council Summary - May 24, 2004
10.
11.
12.
Staff recommends that Type II silt fence be used adjacent to the storm pond and
creek.
Any off site grading will require easements from the appropriate property owner.
Installation of the private utilities for the site will require permits and inspections
through the City' s Building Department.
The site has previously been assessed for utility and street improvements. The
remaining assessment due payable to the City is $103,521.12. This assessment
may be re-spread against the newly platted lots on a per area basis or paid at the
time of final platting. Sanitary sewer and water hookup charges will also be
applicable for the new lots. The 2004 trunk hookup charge is $1,458 per unit for
sanitary sewer and $2,814 per unit for watermain. The hookup charges are based
on the number of SAC units assigned by the Met Council for the new lots.
Sanitary sewer and watermain hookup fees may be specially assessed against the
parcel at the time of building permit issuance.
All of the public utility improvements are required to be constructed in
accordance with the City's latest edition of Standard Specifications and Detail
Plates. Upon completion of the utility improvements, the public utilities will be
turned over to the City for maintenance and ownership. The applicant is required
to enter into a development contract with the City and supply the necessary
financial security in the form of a letter of credit or cash escrow to guarantee
installation of the improvements and the conditions of final plat approval. The
applicant must be aware that public utility improvements will require a pre-
construction meeting before building permit issuance. Installation of the private
utilities for the site will require permits and inspections through the City's
Building Department. Permits from the appropriate regulatory agencies must be
obtained, including but not limited to the MPCA, Department of Health, and the
Watershed District.
On the utility plan:
a. Show the existing and proposed utility easements.
b. Add a storm sewer schedule.
c. Revise the Sewer Note No. 1 to be, "All sanitary services shall be 6"PVC
SDR26.
d. Add a note "Any connection to existing structures must be core drilled."
e. Remove the existing 24 inch storm stub to the north and bulkhead the invert at
the manhole.
f. Delete the sanitary sewer connection at the southwest corner of the site and
utilize the existing sanitary stub in the cul-de-sac.
g. Revise the proposed storm sewer within the cul-de-sac from a 12 inch to a 15
inch pipe.
City Council Summary - May 24, 2004
13. On the grading plan:
a. Show all existing and proposed easements.
b. Show the benchmark used for the site survey.
c. Show a minimum 75 foot rock construction entrance.
d. Revise the side slope to 3:1 maximum along the northeast side of the parking
lot and at the southeasterly corner of Lot 25.
14.
The 8 inch water and sewer mains will be considered public utility lines since
they serve multiple lots. As such, minimum 30 foot wide public easements will
be required over the portion of the public utility lines that are outside of the right-
of-way.
15.
The Stone Creek Drive cul-de-sac must be built with a 48 foot radius and B-618
concrete curb and gutter.
16.
The private street must be built to a 9 ton design, paved to a 26 foot width, and
contained within a 40 foot private easement. The developer will be required to
submit certification reports from a soil testing company which show that the
private street was built to these standards.
17. Lot 26 may be used for parking purposes only.
18.
The applicant shall execute a cross parking agreement with the Family of Christ
Lutheran Church which shall encompass the 60 parking spaces shown in
Attachment 7.
19.
The applicant shall execute a cross parking agreement with the Family of Christ
Lutheran Church which shall encompass the 60 parking spaces shown in
Attachment 6.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
Councilman Lundquist moved, Councilman Labatt seconded that the City Council
approve Site Plan Case #04-15 for Stone Creek Town Offices as shown on the plans
received April 13, 2004, subject to the following conditions:
1. Environmental Resources Specialist conditions:
a. Applicant shall increase landscape plantings in buffer yards to meet minimum
requirements. A revised landscape plan shall be submitted before final
approval.
b. Applicant shall plant a minimum of 36 overstory trees in the parking lot to
meet minimum requirements.
c. Norway maple shall be replaced by a more suitable tree selection.
City Council Summary - May 24, 2004
Building Official conditions:
a. Buildings (units) over 2,000 square feet in gross floor area are required to be
protected with automatic fire sprinklers.
b. The plans must be prepared and signed by design professionals licensed in the
State of Minnesota.
c. An accessible route must be provided from the accessible parking spaces to
the entrances of all units. The maximum slope of the accessible route is 1/20.
d. Separate water, sewer and fire protection services must be provided for each
piece of property.
e. Exterior walls less than ten (la) feet from property lines must be of fire
resistive rated construction in accordance with IBC Chapter 6 and terminate in
accordance with IBC Chapter 7.
f. Separate male and female restrooms must be provided in each unit with an
occupant load greater than 15, as determined by IBC Table 1003.2.2.2.
g. Detailed construction and occupancy related requirements cannot be reviewed
until complete plans are submitted.
h. The owner and/or their representative shall meet with the Inspections Division
as soon as possible to begin the preliminary plan review process to discuss
permit procedures.
On the site plan:
a. Revise the scale from 1"=20' to 1"=40'.
b. Show the existing and proposed trail/sidewalk adjacent to the site.
c. Show all dimensions for the improvements, i.e. drive aisle width, cul-de-sac
radius, curb return radii, stall lengths and widths, etc.
No direct access to Highway 5 is allowed.
All exposed soil areas shall have temporary erosion protection or permanent cover
for the exposed soil areas year round, according to the following table of slopes
and time frames:
Type of Slope Time
Steeper than 3:1 7 days
1 a: 1 to 3:1 14 days
Flatter than la: 1 21 days
(Maximum time an area can
Remain open when the area
is not actively being
worked.)
These areas include constructed storm water management pond side slopes, and
any exposed soil areas with a positive slope to a storm water conveyance system,
such as a curb and gutter system, storm sewer inlet, temporary or permanent
drainage ditch, or other natural or man made systems that discharge to a surface
water.
City Council Summary - May 24, 2004
Street cleaning of soil tracked onto public streets shall include daily street
scraping and street sweeping as needed.
The applicant shall apply for and obtain permits from the appropriate regulatory
agencies e.g. Riley-Purgatory-Bluff Creek Watershed District, Minnesota
Pollution Control Agency, Minnesota Department of Natural Resources (for
dewatering), and comply with their conditions of approval.
8. Each site shall provide areas for bicycle parking and storage.
The applicant shall provide a second trash enclosure area south of Lot 5 and
relocate the proposed trash enclosure to the south of Lot 18.
10. Fire Marshal conditions:
A 10 foot clear space must be maintained around fire hydrants, i.e. street
lamps, trees, shrubs, bushes, Xcel Energy, Qwest, cable TV, and transformer
boxes. This is to insure fire hydrants can be quickly located and safely
operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1.
Three additional fire hydrants will be required. Install one southwest of Lot
11 in the parking island. Install one southeast of Lot 6 in the parking island.
Install one in the island between Lots 20 and 21 on the south side of the
building. If necessary, please contact the Chanhassen Fire Marshal for the
exact location. Fire Lane signs and yellow curbing will be required. Contact
the Fire Marshal for exact location of signs and curbs to be painted.
11.
Extend the sidewalks and relocate accessible parking access aisle as shown in
Attachment 1.
12.
The applicant to work with staff to provide a walk on the south end skirting the
parking lot and over to the cul-de-sac, then loop around the cul-de-sac to the north
to connect up with the existing trail system.
13.
If entrances are granted on both sides of the southern buildings, there should be a
walk on the north side of the building
14.
The applicant will work with staff and MnDot to provide additional screening and
berming along Highway 5.
15. Turning radiuses on the site shall accommodate fire fighting vehicles.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
CONSIDER APPROVAL OF CITY CODE AMENDMENTS; INCLUDING
SUMMARY ORDINANCES FOR PUBLICATION PURPOSES: CHAPTER 20,
ZONING.
City Council Summary - May 24, 2004
Kate Aanenson reviewed planning commission action on this item, addressing the issues
brought up in visitor presentations. Councilman Ayotte asked staff to address the issues
brought up in the Paulsen's e-mail. Mayor Furlong asked for clarification on the lighting
regulations.
Councilman Lundquist moved, Councilman Labatt seconded to adopt Chapter 20,
Chanhassen City Code, Zoning, and approve the summary ordinance for
publication purposes. All voted in favor and the motion carried unanimously with a
vote of 5 to 0.
CONSIDER APPROVAL OF CITY CODE AMENDMENTS; INCLUDING
SUMMARY ORDINANCES FOR PUBLICATION PURPOSES: CHAPTER 18,
TREE PRESERVATION.
Kate Aanenson provided the staff report on this item. Mayor Furlong asked for
clarification on the calculations for tree loss.
Councilman Lundquist moved, Councilman Labatt seconded to adopt Chapter 18,
Chanhassen City Code, Subdivision, and approval of summary ordinance for
publication purposes. All voted in favor and the motion carried unanimously with a
vote of 5 to 0.
COUNCIL PRESENTATIONS: None.
ADMINISTRATIVE PRESENTATIONS:
FINANCE DIRECTOR.
UPDATE ON 2004 BOND SALE,
Bruce DeJong provided background information on this item. Councilman Peterson
asked staff to clarify the request for utility service to the Klingelhutz property by the new
212. Councilman Ayotte asked staff to explain if the water treatment project 04-08 has
been updated and is that schedule in sync with the bond sale requirements. Mayor
Furlong asked for clarification on the need for utility increase related to the water
treatment plant. Councilman Lundquist asked why the SCADA system not listed and
clarification regarding the 2005 MUSA area. The council stated they were comfortable
with staff moving forward with the bond sale. The council picked the time of 5:30 p.m.
on Thursday, June 10th to hold a public hearing at a special City Council meeting related
to the bond sale.
CORRESPONDENCE PACKET. None.
Councilman Lundquist moved, Councilman Ayotte seconded to adjourn the
meeting. All voted in favor and the motion carried. The City Council meeting was
adjourned at 10:05 p.m.
Submitted by Todd Gerhardt, City Manager
Prepared by Nann Opheim