SUM 2004 07 12CHANHASSEN CITY COUNCIL
REGULAR MEETING
SUMMARY MINUTES
JULY 12, 2004
COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilman Ayotte, Councilman
Lundquist, Councilman Peterson and Councilman Labatt
STAFF PRESENT: Todd Gerhardt, Justin Miller, Tom Scott, Paul Oehme and Bob
Generous
PUBLIC PRESENT FOR ALL ITEMS:
Janet & Jerry Paulsen
Debbie Lloyd
Steve Lillehaug
Andrew Hiscox
7302 Laredo Drive
7305 Laredo Drive
Planning Commission
7500 Erie
PUBLIC ANNOUNCEMENTS: None.
CONSENT AGENDA: Councilman Lundquist
seconded to approve the following consent agenda
Manager's recommendations:
moved, Councilman Ayotte
items pursuant to the City
Approval of Minutes:
-City Council Work Session Minutes dated June 28, 2004
-City Council Verbatim & Summary Minutes dated June 28, 2004
b. Consider Adjusting Maintenance and Materials Budget for Street Maintenance
d. Consider Approval of LaserFiche Agenda Manager Software Package
e. Settlers West, The Pemtom Land Company:
1) Final Plat Approval
2) Approval of Plans & Specifications and Development Contract
3) Approve Cooperative Agreement with the City of Eden Prairie
Approval of Summary Ordinance for Publication Purposes; Concerning City
Code Amendment to Rezone Property from Residential Single Family to Planned
Unit Development, Mixed Use, SW Metro Transit Site.
Resolution #2004-48: Call for a Public Hearing Regarding the Centennial Hills
Apartments Refunding Bonds.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
City Council Summary - July 12, 2004
C. AWARD OF BIDS~ 2004 BOND ISSUES.
Mark Ruff with Ehlers and Associates presented Mayor Furlong and City Manager
Gerhardt with a plaque from Standard and Poors for the upgrade to a AA- for the City of
Chanhassen. Reasons for the upgrade as outlined by Standard and Poors included
recognizing the city's rapidly growing tax base, strong management noted by formalized
planning to manage anticipated growth in the city and significant financial reserve levels
bolstered by a positive trend between 1996 and 2003 of financial operations. He then
reported on the results from the bid opening for the 2004 bond sale. Mayor Furlong
thanked city staff, Ehlers and Associates and previous councils for all their hard work in
making this bond rating increase happen.
Councilman Labatt moved, Councilman Lundquist seconded to approve the award
of bids for the following bond series: Resolution #2004-47A: for the $2,115,000 GO
Bonds, Series 2004A; Resolution #2004-47B: for the $7,885,000 GO Water Revenue
Bonds, Series 2004B; and Resolution #2004-47C: for the $1,170,000 Taxable GO
Tax Increment Refunding Bonds, Series 2004C as presented by Ehlers and
Associates. All voted in favor and the motion carried unanimously with a vote of 5
to 0.
VISITOR PRESENTATIONS:
Gary Carlson, a 40 year resident of the city of Chanhassen who resides at 3891 West 62nd
Street thanked the council for their hard work in all the improvements he's seen in the
city. His concern was with Cartway Lane, which abuts Cathcart Park. The park is owned
by the City of Shorewood but is totally within the city limits of Chanhassen. All the
improvements that have been made to the park have created surface water to run onto his
property. He is asking for the city's assistance to upgrade Cartway Lane to help stop the
surface water runoff from Cathcart Park. Todd Gerhardt stated staff will meet with Mr.
Carlson this week to look at a solution to the problem.
REQUEST FOR SITE PLAN APPROVAL TO EXPAND THE PARKING LOT
(166 SPACES) FOR WESTWOOD COMMUNITY CHURCH WITH
SECONDARY ACCESS TO HIGHWAY 41~ A WETLAND ALTERATION
PERMIT TO ALTER AND FILL WETLANDS ON SITE ON PROPERTY ZONED
OFFICE AND INSTITUTIONAL DISTRICT~ OI~ LOCATED AT 3121
WESTWOOD DRIVE~ (WEST OF TH 41 AT TANADOONA DRIVE)~
PLANNING CASE 04-20.
Public Present:
Name Address
James Haugen
Doug Stahl
7800 Bavaria Road
Pioneer Engineering
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City Council Summary - July 12, 2004
Dan Russ
51 Choctaw Circle
Bob Generous presented the staff report and update from the Planning Commission.
Councilman Lundquist asked for clarification on who pays for public safety officers to
direct traffic on Highway 41. Councilman Ayotte asked staff to explain how the need for
traffic control officers is determined. Councilman Labatt suggested that the city
determine whether public safety officers continue to provide traffic control on TH 41. He
asked Bob Generous to comment on the one Planning Commissioner who felt that the
West 78th Street extension project was premature without a traffic study. Mayor Furlong
asked what options are available to improve traffic flow at the intersection of TH 41 and
West 78th Street. Steve Lillehaug, representing the Planning Commission, talked about
condition number 35 and their desire to see the median on West 78th Street remain.
Council discussed with the City Engineer the pros and cons of the median. Councilman
Ayotte asked for clarification on peak traffic flows related to church service volumes.
James Haugen, representing Westwood Community Church stated he, Doug Stahl with
Pioneer Engineer, and Dan Russ were available to answer questions.
Councilman Labatt moved, Councilman Lundquist seconded to approve Planning
Case #04-20 Site Plan Review for a 166 space parking lot expansion, extension of
temporary drive and extension of West 78th Street, plans prepared by Pioneer
Engineering, dated May 14, 2004, subject to the following conditions:
The applicant shall enter into a site plan agreement with the City and provide the
necessary security to guarantee erosion control, site restoration and landscaping.
Tree preservation fencing shall be installed around all existing landscaping at the
edge of grading limits.
Any existing landscaping that is removed must be replaced when the parking lot
construction is completed.
The landscape islands shall include mulch rings around the trees and be seeded or
sodded elsewhere.
5. Overstory trees are required along West 78th St.; one every 30 feet.
Three accessible parking spaces must be added to the existing accessible parking
area.
Wetland replacement shall occur in a manner consistent with the Minnesota
Wetland Conservation Act (MR 8420). The applicant shall receive the City's
approval of a wetland replacement plan prior to any wetland impact occurring.
A wetland buffer 0 to 20 feet in width (with a minimum average of 10 feet) shall be
maintained around all existing and proposed wetlands (wetland buffers proposed
for PVC must maintain a width of 16.5 feet). Wetland buffer areas shall be
City Council Summary - July 12, 2004
11.
12.
13.
14.
15.
16.
17.
18.
preserved, surveyed and staked in accordance with the City' s wetland ordinance.
applicant shall install wetland buffer edge signs, under the direction of City staff,
before construction begins and will pay the City $20 per sign.
The
All structures shall maintain a 40-foot setback from the edge of the wetland buffer.
The proposed development shall maintain existing runoff rates. Storm water
calculations shall be submitted to staff to ensure runoff rates will not increase as a
result of the proposed development. The applicant may work with the Arboretum
to ensure their concerns are addressed.
Drainage and utility easements shall be provided over all existing wetlands, wetland
mitigation areas, buffer areas used for mitigation credit and storm water ponds.
Erosion control blanket shall be installed on all slopes greater than or equal to 3:1.
All exposed soil areas shall have temporary erosion protection or permanent cover
year round, according to the following table of slopes and time frames:
Type of Slope Time
Steeper than 3:1 7 days
10:1 to 3:1 14 days
Flatter than 10:1 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.
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. Minnehaha Creek Watershed District, Minnesota Pollution Control
Agency, Minnesota Department of Natural Resources (for dewatering) and Army
Corps of Engineers and comply with their conditions of approval.
All final plans must be signed by a registered civil engineer.
Use the latest version (2004) of the City's Standard Detail Plates.
The twin storm sewer culverts under West 78th Street must be RCP Class 5.
The existing driveway from Highway 41 to the existing homes in the northwest
corner of the West 78th Street intersection must be removed and seeded or sodded.
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City Council Summary - July 12, 2004
19. The new painted median for the eastbound West 78th Street traffic on the east side
of Highway 41 must be a raised concrete median with pedestrian ramps.
20. Install a temporary turnaround with barricades and a sign stating "This street to be
extended" at the west end of new West 78th Street.
21. Provide a pedestrian ramp at the northeast corner of the new West 78th
Street/Highway 41 intersection for connection to the future city trail.
22. Incorporate the conditions of the MnDOT review letter dated June 1, 2004 into the
plans.
23. Show all of the proposed grades for the new driveway to the existing home in the
southeast corner of the site.
24.
A permit for the proposed retaining wall is required to be obtained from the
Building Department and the wall must be designed by a registered structural
engineer.
25. Off-site grading will require a temporary easement or right-of-entry agreement
from the Arboretum.
26.
Should earthwork quantities not balance on site and materials need to be imported
or exported from the site, the developer will need to supply the City with a detailed
haul route for review and approval by staff. In addition, if material is proposed to
be exported to another location in Chanhassen, it should be noted that the properties
would be required to obtain an earthwork permit from the City.
27. All areas disturbed as a result of construction-related activity must be sodded and/or
seeded and disc mulched within two weeks of disturbance.
28. A MnDOT drainage permit will be required. In addition, an NPDES permit and
Watershed district permit will be required for the project grading.
29.
Drainage and utility easements will be required over the wetland, pond, and the
adjacent mitigation areas. An easement for access purposes will also be required
for future maintenance of the wetlands.
30.
Erosion control measures and site restoration must be developed in accordance with
the City's Best Management Practice Handbook (BMPH). Staff recommends that
the City's Type II silt fence, which is a heavy duty fence, be used adjacent to all
existing wetlands and ponds. In addition, erosion control blankets should be used
on all slopes 3:1 or greater with heights of 6' or more.
City Council Summary - July 12, 2004
31. A financial security will be required to guarantee installation of the public
improvements.
32. Bituminous curb and gutter must be added to the temporary driveway.
33.
Prior to any future building expansion to the west side of the existing church
building, the temporary access driveway from West 78th Street must be brought up
to current standards in effect at the time."
34.
The raised median on the east side of 41, placed on West 78th currently to be
removed and a new one placed in correct alignment with the extension westward of
West 78th.
35.
A sidewalk be extended along the main driveway from the main entrance of the
church on the east side to the northern end of the driveway where the new parking
lot ends and sidewalks shall be extended to the east through the landscape islands
at the south end of the new parking lot.
36. Additional landscaping along the north side on Tanadoona Drive.
37.
The church shall continue to use a public safety officer to monitor and direct traffic
from the church for three months following completion of West 78th Street. After
three months of observations, traffic operations shall be re-evaluated and the use of
public safety officers may be required by the City.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
Councilman Labatt moved, Councilman Peterson seconded to approve Planning
Case #04-20 Wetland Alteration Permit to alter and fill wetlands on site, plans
prepared by Pioneer Engineering, dated May 14, 2004, subject to the following
conditions:
The applicant shall develop an amendment to the wetland replacement plan to
achieve the required 2:1 replacement without employing credits constructed during
the first phase.
Wetland replacement shall occur in a manner consistent with the Minnesota
Wetland Conservation Act (MR 8420). The applicant shall receive the City's
approval of a wetland replacement plan prior to any wetland impact occurring. The
applicant shall provide proof of recording of a Declaration of Restrictions and
Covenants for Replacement Wetland.
A wetland buffer 0 to 20 feet in width (with a minimum average of 10 feet) shall be
maintained around all existing and proposed wetlands. (Wetland buffers proposed
for PVC must maintain a width of 16.5 feet.) Wetland buffer areas shall be
preserved, surveyed and staked in accordance with the City' s wetland ordinance. The
City Council Summary - July 12, 2004
applicant shall install wetland buffer edge signs, under the direction of City staff,
before construction begins and will pay the City $20 per sign.
4. All structures shall maintain a 40-foot setback from the edge of the wetland buffer.
The proposed development shall maintain existing runoff rates. Storm water
calculations shall be submitted to staff to ensure runoff rates will not increase as a
result of the proposed development. The applicant may work with the Arboretum
to ensure their concerns are addressed.
Drainage and utility easements shall be provided over all existing wetlands, wetland
mitigation areas, buffer areas used for mitigation credit and storm water ponds.
Erosion control blanket shall be installed on all slopes greater than or equal to 3:1.
All exposed soil areas shall have temporary erosion protection or permanent cover
year round, according to the following table of slopes and time frames:
Type of Slope Time
Steeper than 3:1 7 days
10:1 to 3:1 14 days
Flatter than 10:1 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.
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. Minnehaha Creek Watershed District, Minnesota Pollution Control
Agency, Minnesota Department of Natural Resources (for dewatering) and Army
Corps of Engineers and comply with their conditions of approval."
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
REQUEST FOR SITE PLAN APPROVAL FOR A 13~000 SQUARE FOOT
COMMERCIAL BUILDING WITH REQUESTS FOR A PARKING SETBACK
VARIANCE AND A SIGN VARIANCE ON 1.9 ACRES ZONED PLANNED UNIT
DEVELOPMENT LOCATED AT THE NORTHEAST CORNER OF HIGHWAY 5
AND GALPIN BOULEVARD~ BEAR CREEK CAPITAL~ LLC~ AND
CHANHASSEN DEVELOPMENT~ LLC~ CVS/PHARMACY~ PLANNING CASE
NO. 04-21.
City Council Summary - July 12, 2004
Bob Generous presented the staff report and Planning Commission update. Councilman
Lundquist asked staff to clarify their request that the applicant reorient the building on the
site. Councilman Labatt asked for clarification on the stacking of cars in the drive thru.
Tim Baird with Bear Creek Capital addressed the question of the number of cars in the
drive thru and orientation of the building.
Councilman Lundquist moved, Councilman Ayotte seconded approval of Site Plan
approval of Planning Case # 04-21, plans prepared by Anderson Engineering of
Minnesota, LLC, dated May 5, 2004, revised 5-13-04, 5-20-04 and 6-24-04, with a
38-foot variance from the parking setback requirement and a variance to permit
two rows of parking between the building and the road based on the attached
findings and recommendation and subject to the following conditions:
The applicant shall enter into a site plan agreement with the City and provide the
necessary security to guarantee erosion control, site restoration and landscaping.
The developer shall provide a bike rack. Additionally, the developer shall install
benches on both the Highway 5 and Galpin Boulevard sides of the building.
3. The building is required to have an automatic fire extinguishing system.
4. All sidewalks shall be provided with accessible ramps.
The plans must be prepared and signed by design professionals licensed in the State
of Minnesota.
Detailed occupancy related requirements will be reviewed when complete plans are
submitted.
Utility plans: Cleanouts are required in the sanitary sewer system in accordance
with the Minnesota Plumbing Code.
Applicant shall plant 8 deciduous trees along Galpin Boulevard in order to meet
minimum requirements.
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 ensure that fire hydrants can be quickly located and safely operated by
firefighters. Pursuant to Chanhassen City Ordinance #9-1.
10.
The builder must comply with the Chanhassen Fire Department/Fire Prevention
Division regarding the maximum allowable size of domestic water on a
combination water/sprinkler supply line. Pursuant to Chanhassen Fire
Department/Fire Prevention division Policy #36-1991.
City Council Summary - July 12, 2004
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The builder must comply with water service installation policy for commercial and
industrial buildings. Pursuant to Inspection Division Water Service Installation
Policy #34-1993. Copy enclosed.
12.
The builder must comply with the Chanhassen Fire Department/Fire Prevention
Division regarding premise identification. Pursuant to Chanhassen Fire
Department/Fire Prevention Division Policy #29-1992.
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The builder must comply with the Chanhassen Fire Department/Fire Prevention
Division regarding notes to be included on all site plans. Pursuant to Chanhassen
Fire Department/Fire Prevention Division Policy #4-1991. Copy enclosed.
14.
"No Parking Fire Lane" signs and yellow-painted curbing will be required. Please
contact Chanhassen Fire Marshal for exact sign locations and for exact curbing to
be painted yellow.
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The proposed development shall maintain existing runoff rates. Storm water
calculations shall be submitted to verify that the existing storm water pond is sized
adequately for the proposed development.
16.
Erosion control blanket shall be installed on all slopes greater than or equal to 3:1.
All exposed soil areas shall have temporary erosion protection or permanent cover
year round, according to the following table of slopes and time frames:
Type of Slope Time
Steeper than 3:1 7 days
10:1 to 3:1 14 days
Flatter than 10:1 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.
17. Street cleaning of soil tracked onto public streets shall include daily street scraping
and street sweeping as-needed.
18.
The applicant shall apply for and obtain permits from the appropriate regulatory
agencies (e.g., Carver County, Riley-Purgatory-Bluff Creek Watershed District,
Minnesota Pollution Control Agency, Minnesota Department of Natural Resources
(for dewatering), Army Corps of Engineers) and comply with their conditions of
approval.
19. Show the location of the accessible ramps on the plans.
City Council Summary - July 12, 2004
20. All final plans must be signed by a registered civil engineer.
21. Add all applicable 2004 City of Chanhassen detail plates to the plans.
22.
On the Grading Plan:
a. Show all existing and proposed easements.
b. Show the location of the existing silt fence.
c. Show the existing topography of the site.
23. The retaining wall must be designed by a registered structural engineer and a permit
from the Building Department must be obtained for its construction.
24.
The City's type II silt fence must be used adjacent to the wetland on the east side of
the site. In addition, a 75-foot minimum rock construction entrance must be
included at the main access drive to the site.
25.
The remaining assessment due payable to the City at the time of building permit
application is $10,479. In addition, sanitary sewer and water hook-up charges
along with the Met Council's SAC fee will be due at the time of building permit
issuance. The 2004 trunk utility hook-up charge is $1,458 per unit for sanitary
sewer and $2,814 per unit for water. The 2004 SAC fee is $1,425 per unit. The
hook-up charges and SAC fee are based on the number of SAC units assigned by
the Met Council.
26. Storm sewer sizing calculations will need to be submitted for review prior to
building permit approval.
27. Directional signage showing access to TH 5 and south Galpin Boulevard shall be
installed.
28. Revise the drive aisle width of the drive-thru exit from 16 to 20 feet.
29. Work with staff to increase the berming adjacent to TH 5 and Galpin Boulevard."
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
Councilman Lundquist moved, Councilman Ayotte seconded that the City Council
deny the sign variance based on the attached findings of fact and recommendation.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
COUNCIL PRESENTATIONS:
Councilman Lundquist thanked the Rotary, parade committee, volunteers and city staff,
especially Todd Hoffman, Jerry Ruegemer, and Corey Hoen for their efforts with the July
3raand 4th celebration. Mayor Furlong provided information on the Children's Health
and Nutrition Summit which was hosted by U.S. Senator Norm Coleman at the
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City Council Summary - July 12, 2004
Chanhassen Library. There was a panel discussion which included Dr. Ellen Goldbloom,
President and CEO of Children's Hospitals and Clinics in the Twin Cities, Eric Boast,
Undersecretary of the USDA for Food and Nutrition and Consumer Services who flew in
from Washington and Dr. Edward Thompson, Deputy Director of the Public Health and
Services for the Center of Disease Control and Prevention from Atlanta along with 6
other panelists from the Twin Cities area. He thanked Justin Miller for his work in
organizing the room at the library.
ADMINISTRATIVE PRESENTATIONS:
Todd Gerhardt thanked the council for the adjustment to the street maintenance budget
which will be used to expand crack sealing, small overlays, and pothole repairs. He also
informed the council of his meeting scheduled with Peter Olin, Executive Director of the
Arboretum to work out the logistics of creating a Chanhassen Day at the Arboretum.
CORRESPONDENCE PACKET. None.
Councilman Lundquist moved, Councilman Labatt seconded to adjourn the
meeting. All voted in favor and the motion carried. The City Council meeting was
adjourned at 8:10 p.m.
Submitted by Todd Gerhardt
City Manager
Prepared by Nann Opheim
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