CC 2005 01 24
CHANHASSEN CITY COUNCIL
REGULAR MEETING
JANUARY 24, 2005
Mayor Furlong called the meeting to order at 7:05 p.m. The meeting was opened with the
Pledge to the Flag.
COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilman Labatt, Councilman
Lundquist, Councilman Peterson and Councilwoman Tjornhom
STAFF PRESENT: Todd Gerhardt, Roger Knutson, Justin Miller, Todd Hoffman, Kate
Aanenson, Paul Oehme, and Lori Haak
PUBLIC ANNOUNCEMENTS: INVITATION TO FEBRUARY FESTIVAL.
Mayor Furlong: Thank you and good evening to everybody, and those that are here this evening
and those watching at home. We welcome you. Appreciate you joining us. There's one public
announcement this evening and that is an invitation to all our residents and their friends and
family for Feb Fest. Annually the City ofChanhassen, in cooperation with our local businesses
sponsors a series of special events. The winter event is February Festival, Feb Fest which will be
held a week from this coming Saturday, Saturday, February 5th. I'd like to invite all residents,
their families and friends to join me and my family, other members of the council and
commissions down at Lake Ann Park. The event kicks off at 12:00 noon on Saturday the 5th.
There will be sledding, skating, bonfire. Boy Scout Troop 330 will be selling kits for s'mores.
The Chanhassen Lions again will offer food and other concessions. The ice fishing contest
begins at 1 :00 promptly. No earlier starts this time Mr. Gerhardt. 3 :00 is the ending time. A
number of prizes for fishing contest as well as door prizes. The Friends of the Library, their
medallion hunt will be taking place concurrently and will be a lot of fun. Tickets can be
obtained not only at the event but you can also buy tickets in advance. City Hall, the Rec Center,
the Chamber office, also at certain businesses. Byerly's, County Market, and Cabin Fever Sports
over in Victoria. So again, Lake Ann February 5th beginning at noon. It's a lot of fun. Come
down. Look forward to seeing you there. Like to move onto our agenda. First ask if there are
any additions or modifications to the agenda. If there are none we'll proceed with the agenda as
published. So ordered.
CONSENT AGENDA: Councilman Lundquist moved, Councilman Labatt seconded to
approve the following consent agenda items pursuant to the City Manager's
recommendations:
a. Approval of Minutes:
· City Council Verbatim & Summary Minutes dated January 10, 2005
· City Council Work Session Minutes dated January 10,2005
Receive Commission Minutes:
· Planning Commission Verbatim & Summary Minutes dated January 4,2005
City Council Meeting - January 24,2005
c. Approval of Temporary Easement Acquisition for TH 212, Project 03-09.
d. Resolution#2005-09: Approve Feasibility Report, Authorize Preparation of Plans and
Specifications, and Call for Public Hearing for Trunk Watermain Connection from West
86th Street to Lakeview Drive East; Approve Assessment Agreement and Permanent
Easement, project 04-18.
e. Resolution#2005-10: Approve Plans & Specifications and Authorize Advertising for
Bids, 2005 Sealcoat Project 05-02.
f. Resolution#2005-11: Approve Resolution Authorizing the Sale of 0.05 Acres of
Bandimere Community P ark to the State of Minnesota for Construction ofTH 312.
g. Approval of Amendment to Cell Tower Lease with Verizon Wireless.
h. Approval of Lease Agreement with Employee Group Fund for Vending Machine Space
in City Hall.
All voted in favor and the motion carried unanimously with a vote of 5 to O.
VISITOR PRESENTATIONS: None.
LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE.
Sgt. Jim Olson: Thank you. First off!' d like to introduce Deputy Tim Gerber to the council.
Tim has been with the sheriff s office since October of 2003 and has been in Chanhassen since
the end of December. He's one of the new deputies that we took on this year. Prior to coming to
the sheriff s office Tim was a youth minister in Burnsville and did a lot of work with youth and
kids so we're glad to get him here. Tim greatly enjoys trying to make a difference in people's
lives. He has great compassion and understanding and takes a special interest again in youth.
He lives in Laketown Township and is married with one little guy and I'm glad that Tim is
working in Chanhassen. I'd like to introduce Tim.
Tim Gerber: Thank you. I'm excited to get here and excited to serve the City ofChanhassen
and to hopefully make a difference and meet the people of the community.
Mayor Furlong: Great, thank you and welcome. Appreciate your service.
Sgt. Jim Olson: Some of you probably know Tim's brother, Scott Gerber who works with the
County as Emergency Management Director and he does a great job and Tim is doing a
wonderful also. My primary focus tonight is to kind of compare 2004 numbers with 2003
numbers that we had with the calls for service and so on. Total calls for service for the year
2004 were up by 815 compared to 2003. 2004 we had 12,853 calls for service in the city. In
2003 there was 12,038. On the criminal side of things, criminal calls were down by 8 for the
year with 1,288 compared to 1,296 in 2003. On the criminal side, assault was up by 14 in 2004
compared to 2003. Burglaries stayed about the same. Theft overall was down by 28 for the year
2
City Council Meeting - January 24,2005
and included in the theft is the basic theft calls. Theft related calls and also vehicle theft calls.
Damage to property was down by 44 for 2004. And the alcohol related driving calls were up by
52 for the year. To look at the non-criminal calls, alarms were up by 56 for the year and those
are burglar alarms. We didn't have any fatal accidents in Chanhassen in 2004, and that compares
to 3 in 2003, so that was certainly a good thing for the city. Personal injury accidents were also
down for the year. Down by 17. Property damage accidents were up by 25 for the year.
Disturbing the peace was up by 61. There was 14 more domestic calls in 2004 than there were in
2003. Motorist assists were up by 133 for last year, and miscellaneous non-criminal calls and
those involved general law enforcement questions, lost and found properties, citizen assist, civil
matters, things like that, they were up by 181. Miscellaneous traffic complaints were up by 206
for the year. Special details were up by 62. Traffic stops were up 180 for traffic stops and the
citations, we are very consistent. We were up by 1 for the year for 2004 compared to 2003 with
2,234. Excuse me, 2,234 citations for the 2004. I also want to briefly talk about the Chanhassen
CSO calls for service for the year. They had 1,360 calls in 2004, and that is compares to 1,129
calls in 2003. So that was up about 231 calls for the CSO's. Are there any questions at all
referencing the numbers that we had in 2004 to 2003?
Mayor Furlong: Question for the sergeant. Councilman Lundquist.
Councilman Lundquist: Sergeant Olson, glad to see on the criminal, essentially flat. I think
that's a good thing, but if you can talk about on the overall totals a comparison. If! did my math
right, total non-criminal's up about 7.7 percent and total is up about 6.7. How does that compare
to say other suburban ring cities? We might compare ourselves to Savage, Shakopee, Prior Lake,
Woodbury, urn any idea where we fall into that?
Sgt. Jim Olson: At this point no. The numbers are not tabulated as of yet from the BCA for
other communities. They won't come out for a little bit yet and I haven't seen any numbers from
other communities. I will do some research into that and see if I can get them by phone from
them.
Councilman Lundquist: Are there any models out there that describe, would be just my
assumption that as population grows, so does the amount of calls for service. You know is there
some kind of guidance that says as your population grows 1 percent, your calls for service grow
for, I don't know if there's something like that. I'm just curious as to see you know, we never
like to see the total calls going up necessarily, so just want to make sure that we're not out ofline
somewhere something that we should be alarmed with those.
Sgt. Jim Olson: Sure, you know a lot of it was, had to do with traffic. A lot of our increases and
the non-criminal, I mean again as population grows, like you said, we will have more of those
types of calls. But I can certainly do some research on that and see if we can, I can find some
other models.
Councilman Lundquist: Yeah, just be curious and especially as we get into you know work
plans for this coming year and all of those types of things. Those are the kind of info that we'll
be looking at for focus areas for next year if there's anything like that.
3
City Council Meeting - January 24,2005
Sgt. Jim Olson: Sure. You bet, I'll do some research into that. Any other questions at all?
Mayor Furlong: Question. When do we expand, we expanded the CSO position from a 40 hour
week by I think 60. Do you recall when that occurred? Was that beginning of '04 or was it
sometime in '03?
Todd Gerhardt: It was in, later part of'03.
Mayor Furlong: So we had some partial.
Todd Gerhardt: Yeah.
Mayor Furlong: Okay, with additional calls there. Okay.
Sgt. Jim Olson: Yes.
Mayor Furlong: Any, with regard to the calls for service and interested in further answers to
Councilman Lundquist's questions but you mentioned traffic is a big area and that's where it
looked like the majority of the number of calls increased. Any emerging trends other than
population growth and therefore additional calls because of population, either positive or
negative that you're seeing at this point or that you've identified.
Sgt. Jim Olson: You know population, traffic is certainly a big issue and you can see not only
you know for Chanhassen but points west of us with people coming, you know going to work
and coming back from work. There are certainly more cars and more traffic jams. One thing I
found interesting is that our personal injury accidents were down for the year compared to 2003,
but our property damage accidents were up. You know whether it be slower speeds so there's
less chance of injury because of more traffic, or the better, cars that are built better. You know
safer for us, I think those two things combined would probably lead to some.
Councilman Lundquist: Gridlock is your new traffic calming strategy?
Sgt. Jim Olson: Yeah, that is our new one. The more traffic we get the slower cars go. This past
weekend we had the big snowstorm of course that hit and that actually was relatively calm. We
had cars in the ditch and some minor accidents but nothing real major so that was again I think
our traffic calming strategies are working with that so. Anything else for me at all for the
evening?
Councilman Peterson: Any, where are we at with the new positions and your present status of
recruiting and what our decision making process will be if it' s not already defined?
Sgt. Jim Olson: We're looking at probably April. End of April for the first one coming on
board. I think the end of June is for the second one, and at this point that is still on track.
Councilman Peterson: Okay, good.
4
City Council Meeting - January 24,2005
Sgt. Jim Olson: Any other questions?
Mayor Furlong: Any other questions? No? Okay.
Sgt. Jim Olson: Thank you. Have a nice evening.
Mayor Furlong: Thank you. We also are receiving our monthly update from the fire department.
Chief Geske is here this evening. Good evening.
Chief Gregg Geske: Good evening. I guess we did finish 2004 down as I reported the numbers
there. We started out 2005 here with a couple structure fires and luckily we've slowed down
since then. There is a report of two structure fires that we did have there. The department's in
the process of setting new goals for 2005. Kind of reviewing the goals and what we obtained for
2004. We still are alive for our grant that we put in for our FEMA grant. For our SEBA. We
should be finding out probably in the next 4 weeks whether we get a Dear John letter or a
successful letter there so that should be, like I say, it should be decided here in the next 4 weeks
so we're hopefully waiting with our fingers crossed that we get that. Mayor, I think you were, it
was sent to you possibly if you received it but the results from our ISO audit. I don't know if
you had a chance to look at those or not.
Mayor Furlong: I don't know that I've seen any yet.
Chief Gregg Geske: Okay. It was, the copy I had was addressed to you and I don't know if that
one got forwarded to you but we actually retained a 5 or stayed at a 5. I guess it was our hopes
that we would move up to a 4 within the city portion and stuff. But we stayed at a 5 so, it's kind
of discouraging. We were supposed to get that report back in October. They didn't get back to
us until December so stayed at as. I guess it's better than dropping down to a 6 but we had
hoped that, and hopefully ISO's going to make some changes in the future. They're still a little
bit antiquated I believe in some of the things that they look for so the stuff that we don't, some of
the newer stuff that we use, that we don't get credit for, such as fire prevention. Other states
have actually forced ISO to recognize compressed air foam which we use and also fire education
activities which we do in the city here so hopefully some changes will be made there, just kind of
to summarize some of it. You know to get full credit for fire fighters I would have to add 86 fire
fighters and I don't see that happening, or a need for it at this time so just kind of the stuff that's
from ISO report and you guys feel free to have a copy if you'd like, I can distribute that to
everybody there on council so. As a welcome I guess and an invitation to our new
councilwoman, and any of the other council members and our mayor, any Monday night you
know we're training, feel free to give me a call and stop up. You know we see the numbers and
stuff and you see some articles in the paper but feel free to come by on one of our training nights
and like you to do that so you can find out more about what we do up at the fire department stuff
so I'd just open that up. I've got Sherry Walsh, our new Assistant Chief here tonight and I'll
have her come up and kind of explain a little bit about her history and stuff so, she was newly
elected here in December.
Sherry Walsh: Hi.
5
City Council Meeting - January 24,2005
Mayor Furlong: Good evening.
Sherry Walsh: I'm Sherry Walsh. I've been with the fire department for 14 years and look
forward to working in a different capacity. I've held the rank of Captain and Lieutenant and held
other jobs on the side as well, but looking at this as an opportunity to step up and get more
involved with the fire department and help the City of Chanhassen. Thank you.
Todd Gerhardt: Congratulations.
Mayor Furlong: Thank you, congratulations. Any questions for the Chief?
Councilman Lundquist: Chief, numbers '04 versus '03. The decrease. Anyone or two specific
items or trends that you see that led to that decrease?
Chief Gregg Geske: The majority of that was, and we just recently here at our Carver County
Mutual Aid meeting we got a report of the calls that we would have been called out for versus
we go to a prioritized dispatch.
Councilman Lundquist: Is that the medicals?
Chief Gregg Geske: Right, exactly. The medicals with a cut finger, a fall less than 4 feet and
stuff like that, and we probably would have been called out, I think we were called out for 286
and we would have been called out for an additional 220 so that, you know with, it was, numbers
are down a little bit so we're appreciative in that but the majority of them are due to that
prioritized dispatch and they did, we went to that in 2003. They tweaked it a little bit more so a
lot more of the other calls were changed in 2004, so that's a majority of or the reason why the
numbers were down there.
Councilman Lundquist: Okay, thank you.
Mayor Furlong: Other questions? Chief, new recruits. I saw, and we congratulate those
probationary officers that were successful during the training period this last year. Are you
looking to recruit more? What is your plans in terms of staffing?
Chief Gregg Geske: Right now we're right at the number that we had. It's kind of an older
number and that's one of the things we may look at increasing that slightly. I'm probably
standing, I just lost one so we're standing at 45. I'll probably lose a couple more this year so I'll
probably look at adding at least 3 but you know we'll have to increase the numbers a couple
more as we grow towards 2008. Hopefully some of those will be down in the southern area that
we can take on that would respond from a newer station.
Mayor Furlong: If residents are interested in getting involved with the fire department, how do
they go about doing that?
6
City Council Meeting - January 24,2005
Chief Gregg Geske: They can contact Mark Littfin at the City Hall, our Fire Marshal and turn in
an application. We basically keep the application on file until that time in the year when we
match that up with like a first responder classes starting up so...
Mayor Furlong: Okay, great. Thank you. Any other questions? Thank you Chief.
Chief Gregg Geske: Thank you.
PUBLIC HEARING: RECEIVE PUBLIC COMMENTS AND ANNUAL UPDATE.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM. PHASE II. MS4
PERMIT.
Lori Haak: Good evening Mayor Furlong and council members. As you're aware this is the
second annual report we'll have presented for the National Pollutant Discharge Elimination
System, Municipal Separate Storm Sewer System permit. NPDES, Phase II MS4 Permit. And it
certainly is a mouth full but we've actually been able to make some good progress this year with
respect to what we've basically said we would do in conjunction with this permit. So what
we're, what I'm here to do this evening is to provide you with a little bit of background on what
we've been working on on the staff level and allow you to open the public hearing. Take public
comment and then authorize the mayor to actually sign the annual report once it's complete. The
problem that we've been having with the annual report form is that it comes from the Minnesota
Pollution Control Agency and this year, as it happened last year, that report form was not
available early enough for me to fill that out prior to coming to council so what we will be doing
is taking this information I present tonight, along with the other information you've received in
your packet, and filling out that report form. So it will be basically what you've already seen this
evening. So with that I'd like to give you a little bit of background on what we've been working
on this year to comply with this permit. First thing I'd like to mention is, as you're all aware we
began our surface water management plan update and that actually is going to help us comply
with this permit in a greater fashion. It will make it very easy to tie things into that permit, and
one of the things that was authorized by the council was an inventory and inspection of all the
structures in Chanhassen, and that is required by this permit at the rate of 20 percent per year and
right now we have approximately 800 structures inspected and inventoried and that's about 17
percent, so we're just a little shy of that 20 percent mark, but we're certainly making good
progress already this winter. The second thing that is noteworthy is that this is the second or
third year of cooperation with the Carver Soil and Water District, and the Soil and Water District
has reviewed plans for 20 developments within the city of Chanhassen, which is 4 more than in
2003, and they performed 210 inspections on those developments which is actually over double
what they did in 2003, so that's good progress. We're getting our sites tighten up and we're able
to keep track of erosion and sediment control in that area. We had 7 articles in the Chanhassen
Connection about water resource and storm water related issues. We've compiled the storm
water survey results, which was sent out in 2003 and we found that just over half of our
respondents in that had the right idea about the fate of storm water in Chanhassen so 50 percent
is good but I think we can get that a little higher so one of our plans at the staff level is to
improve that education about storm water. To reach that other 45 percent. We recycled 1,300
gallons of waste oil which was 350 more gallons than in 2003, so I don't know if that's because
of increased use. I haven't looked at that yet. But it's good that we're maintaining that within
7
City Council Meeting - January 24,2005
the system and getting that recycled, and I believe prior to this meeting you heard about our
environmental center and the coupon program for that. We had 4,734 visits from Chanhassen
residents to the environmental center, which is 1,451 more than in 2003, so I think that's also a
step in the right direction as far as product re-use and recycling. Let's see. The last one that's
really I found very interesting is that we swept over 100 miles of pavement and removed about
1,700 tons of debris from our streets in Chanhassen and that's 1,700 tons of debris that would
normally end up in our lakes and creeks and ponds and so I think that is one big way that we can
continue to improve and protect water quality within the city. So with that I did want to provide
a little bit of an update. There was actually a lawsuit from the Minnesota Center for
Environmental Advocacy against the Pollution Control Agency with that first permit that we
applied for and in that lawsuit the Court of Appeals actually ruled primarily in favor of the
Center for Environmental Advocacy, which means there are going to be some more stringent
regulations on municipalities that are regulated by this permit. The main. Right, the attorney is
clarifying that the lawsuit is against, was against the Pollution Control Agency and not against
the City so, just to clarify that. Basically the, this results in some non-degradation rules which is
part of the Clean Water Act. This is going to be the thing that, where the council is going to see
the most change in the storm water program over the next few years. Basically all of the
communities eventually will be subject to a non-degradation standard which will mean that our
storm water quality will have to be the same quality and volume as it was in 1988. Now as you
can imagine we've done a lot of developments since 1988 and so that is a pretty stringent
standard, not only for us but the other communities in the state. The way that the MCEA and the
PCA have agreed to go at this for the first permit term is to regulate 30 selected municipalities
and those municipalities include places like Rochester, Bloomington, Eagan, Eden Prairie,
Minnetonka, Plymouth, Chanhassen, Chaska. All the big ones that have experienced a lot of
growth within that 20 some year period and, or nearly 20 year period I guess. And what's going
to happen is there's going to be a new permit that's issued. The PCA proposes to put that out for
a statewide public notice in February of2005 and issue a permit in June of2005. What that will
require is for those 30 cities to have reasonable and practical measures to achieve the 1988
conditions. That gives us a little bit of flexibility as far as meeting those conditions. Anything
that is really reasonable and prudent will be accepted at that point and we'll be using a water
quality model to determine what those conditions were, what they are and what they'll be in
2020, so those are kind of the 3 touch points that we'll need to meet. So really the challenge for
us in water resources in 2005, not only in Chanhassen but in these other 30 communities, 29
communities, is to really remain informed about the revisions to the permit and anticipate the
fiscal implications of those revisions. In addition we'll need to start modeling and developing
our non-degradation plan. How we propose to meet those 1988 standards or if we cannot meet
those, you know basically justify that and propose a plan for action to maintain whatever water
quality the model shows as reasonable. In addition, in regard to the NPDES permit, in 2005
we're going to continue with the SWMP update which again will cross a lot of the things in our
permit off the list and we're going to work on increasing internal coordination to improve our
record keeping with regard to this permit because as you can see from the report, that was
included in the staff report. It can be kind of a mess as far as getting all the information from all
the different parties within the city who have a part in implementing and carrying out the
provisions of this permit. So with that, I can take certainly any questions that you might have
and then if you'd please open and hold the public hearing and authorize the mayor to sign the
permit once it is, or the annual report, I'm sorry, once it's complete.
8
City Council Meeting - January 24,2005
Mayor Furlong: Thank you. Questions for staff.
Councilwoman Tjornhom: I have one. Lori, when it says construction site inspection and stop
work order procedures, do you do that? Do you basically go out and inspect the construction
sites yourself or who does that?
Lori Haak: They're, up to this point there have been a number of people who have been doing
that. On occasion it's the Environmental Resources intern that we've had over the summers.
Sometimes that is the engineer, or Assistant City Engineer on occasion. Sometimes it's the
engineering, one of the engineering technicians, or again that call goes back to the cooperative
agreement with the Carver Soil and Water District. They're actually the ones who are out there
more frequently making those inspections and then they don't actually at the soil and water
district have the ability to issue a stop work order but they communicate regularly with us in the
form of written and e-mailedreportsandrecommendthosesitesbeclosed.Soif it' s something
where we're looking at stopping work on a project, a city staff person does go out there prior to
issuing that. But that recommendation is typically made by the soil and water district
representative. They're the ones who are out on the site more frequently doing those specific.
Kate Aanenson: I just want to clarify too, just in case you thought Lori did all the stop work
orders. Sometimes it's a building inspector that catches a problem. It's not always, Lori deals
with it, typically if it's a wetland issue. Silt fence is down but lots of times it comes from
different departments depending on the particular matter, whether it's a house or a street problem
or whatever so depending on who's interest it is would be the one that would probably make the
visit.
Councilwoman Tjornhom: Alright. And is this like an ongoing problem? I mean do you have a
lot of stop work orders?
Lori Haak: Not a large number but really it is, you know in cases, especially with the soil and
water district, in cases where they've made, he makes bi-weekly stops at everyone of the open
construction projects that we have as far as developments and things like that, and so if he
notices a problem and addresses the superintendent and it's still not taken care of by that next
visit, that's when we begin to consider it. So we do have kind of a warning system in place, and
that also depends on the severity of the violation because actually in Chanhassen we had one
issue this past year where the Pollution Control Agency got involved it was such a large
violation, so the pollution control agency is currently seeking enforcement action with that
development to make sure that those issues are addressed and that actually sometimes that
money does get back to the communities as well so we can use that in other situations, so we're
kind of working through that process right now.
Councilwoman Tjornhom: Okay. That was all.
Mayor Furlong: Okay, thank you. Other questions?
Councilman Lundquist: Some of the things Lori that confuses me. You're asking in your
9
City Council Meeting - January 24,2005
motion to hold the public hearing and asking the mayor to sign something, but yet the annual
report's not complete yet. Right?
Lori Haak: Yes.
Councilman Lundquist: You don't have the forms so we don't have the... yet you want to hold
the public hearing and have the mayor sign it.
Lori Haak: Well the public hearing is actually on the material that I've covered so far on our
progress and the permit. And so that's why we're having the public hearing in front of having
that form complete. Because actually that form could potentially be revised by any public
comment that we receive, so if for instance we need to make an adjustment in the way that we
handle a particular item, and that comes forward at the public hearing and we deem it appropriate
and a good comment that definitely needs our attention, that can be included in the annual report
and that's the PCA's preferred method of us making revisions to our current permit application.
So the report form is actually kind of in limbo. It's, well not the form but our response to that
report is in limbo until after this comment period. But yes, but all the information that's in front
of you from our software generated report, as well as the things that I've covered this evening all
get rolled into that report.
Councilman Lundquist: Okay, so will we have a chance to see that before the loth of March?
Lori Haak: If you'd like.
Kate Aanenson: We can put that on consent, sure.
Councilman Lundquist: I mean I'm just, maybe that's more of a question for the mayor. I guess
you're the guy signing the bottom line so.
Lori Haak: And just for.
Mayor Furlong: They said if there's a problem they'll come take my children so I'm all for it.
Lori Haak: The language on the permit is quite strong.
Councilman Lundquist: But it's common to ask for public comment, and we probably did it last
year too I suppose.
Lori Haak: Yeah, this is how we proceeded last year.
Mayor Furlong: I guess to the point, while there isn't the completed report and we don't even
have the proper, do we have the proper form?
Lori Haak: We got the form last week.
Mayor Furlong: Oh we do now, okay.
10
City Council Meeting - January 24,2005
Lori Haak: So yeah, and it's much more, if it was what it was last year we were already to fill it
in, but there's much more narrative. It's explain how you met the six areas, you know the
requirements in the six areas of operation, so it's a much more narrative type approach than they
had requested last year. Last year it was more fill in the blank sort of thing so.
Mayor Furlong: Alright. But the information that you presented in the staff report will basically
be pulled into the form in the manner in which they want it.
Kate Aanenson: It's all the quantitative efforts.
Mayor Furlong: Okay, plus any public comment will also be brought into that report.
Lori Haak: Correct.
Todd Gerhardt: Lori, does that still have to be submitted by March loth?
Lori Haak: It does. That date will likely change with the revised permit, but for this permit go
around, for this annual report it is March loth.
Todd Gerhardt: Okay, and then we could put this on a consent agenda once we get the original
report completed.
Lori Haak: Right, so it could go on the consent as late as the March 1 meeting I believe is.
Todd Gerhardt: You wouldn't have to re-hold the public hearing.
Lori Haak: No.
Todd Gerhardt: Last meeting in February.
Lori Haak: Yeah, sorry.
Mayor Furlong: Last meeting in February.
Lori Haak: Right. Yeah, I was thinking Planning Commission. Sorry.
Mayor Furlong: Does that answer your question? Any other questions? With the SWMP update
there were, the process that we're in there, is that going to also generate the modeling necessary
for this degradation standard?
Lori Haak: It will certainly help with that. It's difficult without having the final permit in front
of us to determine exactly what we're going to need to do as far as that model is concerned. In
addition the PCA usually, and has been requested to supply a guidance document that goes along
with that to help us interrupt that permit. And I believe the things like the watershed boundaries
11
City Council Meeting - January 24,2005
and the existing infrastructure will certainly help with that, but it's difficult at this time to say to
what extent that will assist us.
Mayor Furlong: And is all that due by the loth of March as well?
Lori Haak: No that is not. That will, in the revised permit there will be a separate set of
deadlines. Right now the City's non-degradation plan and model would be due by December 1,
2006. But that date will likely change based on comments that they've heard, that PCA has
heard so far from the 30 regulated municipalities so my guess is that that date will be extended
into 2007 sometime, but we're uncertain.
Mayor Furlong: So we will have what we need to file the report by the March loth?
Lori Haak: Correct.
Mayor Furlong: For what's needed for March loth. We either have it or we'll have it by that
time.
Lori Haak: Yes.
Mayor Furlong: Okay, thank you. Any other questions for staff? If not, then we should proceed
with the public hearing. I will open up the public hearing and invite interested parties to come
forward and address the council on this matter. Please come to the podium and state your name
and address please. If there's nobody, there's nobody interested, we will close the public hearing
without objection. So ordered. Bring it back to the council for discussion. I guess from
Councilman Lundquist's question, I mean to the extent possible, a lot of good information here.
Let's pull it together and make the report available by the end of February if that's possible.
Lori Haak: Certainly.
Mayor Furlong: And bring it back on consent. Mr. Gerhardt. Any feedback or comments?
Councilman Labatt: And look at the numbers in the progress from the 2004 highlights. 1,732
tons of debris from our streets. 28.5 tons of phosphorous free fertilizer used in our parks. Some
staggering numbers there that we're taking a lead as a city and our staff of doing what we can do
environmentally wise to make our city cleaner. That's nice to see that.
Mayor Furlong: I agree. Some of this information we were already doing on a normal course I
now. Others we have instigated and I think to your point Councilman Labatt, it's nice to be able
to see it all together because we really do do a lot as a city and to the staff! commend you for all
your efforts there. I know it's a lot of effort to do this and to put these reports together but you
have a lot of good information to work with too, so thank you. Other comments? If not, I guess
there's no action required this evening then. We'll bring that back to our council meeting with
the additional information. Thank you.
Lori Haak: Thank you.
12
City Council Meeting - January 24,2005
REQUEST FOR CONCEPT PLANNED UNIT DEVELOPMENT FOR COMMERCIAL.
OFFICE AND MUL TI-FAMIL Y DEVELOPMENT: NORTHWEST CORNER OF
LYMAN BOULEVARD AND THE FUTURE REALIGNED HIGHWAY 101. SAND
COMPAIES. INC.. PLANNING CASE NO. 05-01.
Public Present:
Name
Address
Jamie Thelen
Jim Sand
Richard Hennings
366 South Tenth Avenue, Waite Park, MN
366 South Tenth Avenue, Waite Park, MN
366 South Tenth Avenue, Waite Park, MN
Kate Aanenson: Thank you. The Sand Company is requesting rezoning of approximately 24
acres. The subject site is, this is the new 212 interchange. This would be Lyman. Excuse me,
Lyman and the new 101. This is existing 101. Again 24 acres. Obviously this site is tied into
the relocation and the redevelopment of the 212. There's existing wetlands in the easterly corner
and 101 will have to be vacated at this point here. As worded in your packet, kind of an
overview. We're tying this PUD, as you recall last year we worked on the Southwest Transit
PUD and I included in your packet. This is a concept and again the concept, state law says that
the zoning and the land use designation need to be consistent. This is guided as a mixed use.
These are the only two areas in town that we have that mixed use which could be neighborhood
business or high density. Multi-family. The applicant has chosen to come in with the mixed so
while it is guided residential single, excuse me. Zoned residential single family it is guided for
the mixed use, and that's what the applicant has chosen to do. Again they're coming forward
with the PUD concept. The concept again, while it has no legal standing, the intent is to give
some clear direction so you notice the staff report kind of has a lot of bullet points. It's really to
flush out the issues as this evolves because as I'll explain to you in a minute, we're negotiating
still with MnDot and the watershed district on some issues. But with the PUD, the nice thing
about that is we'll get the design standards in place, so everybody understands that. The PUD
also has a little bit more stringent buffer requirements. There is kind of a built in buffer with 212
but will also has additional buffering when we have a transition between a higher density land
use and a lower density. Also with a PUD, we're working with the neighboring properties which
is sensitive to the residential where we've got the low scale office building on the corner, and
providing those commercial sites. I'll go through their specific proposal. You have this in black
and white in your site plan so it's a little bit, I think a little bit easier to read on this. Again this is
the Southwest Metro park and ride and the, some office retail with multi-family on the corner.
So this is the subject site. When we looked at the approval of the 212, there was a requirement
that this side of the property, a through street had to be connected. There will be signalization at
this intersection so this street, while it's rather circuitous on this map, you can see it on your's,
that that street has to go through. That was a condition ofMnDot, so they are providing that.
We need to work out kind of those issues. Again as I indicated, as part of the PUD we'll be
doing office on this corner, one story. I think the residents are pleased with that. Getting
architectural standards, providing a good buffer. It's not our intent to put fast food in here,
although there will be some other retail. Again anticipating that this location probably an
13
City Council Meeting - January 24,2005
appropriate site for a gas station where that's furthest removed from the residential, based on the
212 interchange. Again there will be an apartment building on this side and some strip retail on
that piece. Again that piece has the biggest amount of buffer, again trying to provide Lyman,
there's some residential because of the configuration of the major roads. On the north side it's
all residential. This west piece of the original 24 acres. The sticky part gets in where we talk
about Lake Lucy Drive. While this photo is overlaid on top of, there's a median that runs
through this so the access to that is a little bit tougher. We're working, the City Engineer, Paul
Oehme and myself have met with Jon Chiglo trying to work through some of those issues. How
to provide good access. If you look at Mr. Klingelhutz' property, you have a private drive going
through to that property. It's not the best situation there. Again this part of 101 will be vacated.
I showed that on my original. Be a berm put in a place there. That provides a good transition
between that and existing homes in Chan Hills. But trying to resolve what's the best access,
because we don't want people going around the median. Taking U turns. Trying to work those
issues out so between now and when they come back for preliminary we're pursuing those. I
know when the 101 relocation and this interchange came up at the 212 hearing there was some
concern about cut through traffic. Again we're trying to work through providing those
transitions. There is existing traffic counts and one of the things that we're working on is trying
to make it not convenient for this cut through traffic. Obviously this wouldn't be using that but
as we talk about the relocation of 101, one of the things we talked about is actually moving 101
and if we can work through that. There is an existing telecommunication building right there
that makes it a little bit more difficult, but maybe moving 101. That provides a berm. Some
transition. Screening on the backs of those. Backing the townhouses up onto those lots, so we're
still working through that. That's a little bit fluid still on that side and the applicant's aware of
that. Again, the subject property could go up to 8 to 16 units an acre. As proposed on here it's
only 12 units an acre. Again this is all conceptual at this point. We haven't looked at total
impervious surface. Again the goal under the PUD is just kind of flush some things out as far as
the uses that we're looking at. The staff feels comfortable with that. Again with the apartments,
probably 3 stories in height. Again the way they're located in the site itself, the orientation I
think it works best for the least amount of impact for visibility and access. So we did point out,
the issues that they need to resolve, kind of department or by issue. One of the things that we
are working with, the watershed district. If you saw that they put out a couple of projects to
Riley-Purgatory. They were one of the projects they're going to improve Lake Riley is that
ponding right there. We have a trail that runs along that side but we're going to make sure that
improving that pond doesn't force us to build a big retaining wall to get that trail in so we're
working with the watershed and the applicants have met with them too. To make sure that we
can blend the grades on that. So the good thing about this coming forward at this time is that we
can kind of all be working together as 101 and 212 advances. So with that, oh one other thing.
We did mention in here too about, you're looking at the apartments. You know right now we
believe that market is a little bit softer but looking at kind of where we are, some types of
housing that we maybe needed because we are in close proximity to a transit facility, whether
that be senior or they've looked at even some senior coop or some other type of facility that, or
type of housing product that we may not have a market nitch, so with that, we're asking that the
City Council approve the conceptual PUD. Again kind of with the marching orders outlined in
the staff report and with that I'd be happy to answer any questions that you have.
14
City Council Meeting - January 24,2005
Mayor Furlong: Thank you. Questions for staff. Not at this time? Okay. Is the applicant here?
If they'd like to address the council on any matter. No? Okay.
Todd Gerhardt: Send the check to Kate.
Mayor Furlong: Are there any questions for them? I've got one. As you look through the
proposed requirements of the PUD, is there anything that you see that based upon what you're
planning to do here, the types of businesses that might become issues, whether they're going to
be coming back looking for changes that you can anticipate now? We seem to get a lot of those
for signage and other types of needs. Is there anything that you feel uncomfortable with as this is
proposed? No? Okay. Alright.
Richard Hennings: I'm Richard Hennings. Architect with Sand Companies, and as Kate
mentioned we're concerned about the access at Lake Susan Drive and what the highway
department is potentially saying. In their written report that they sent out 10 days ago, maybe a
little bit more than that, they actually talked about no access within 660 feet of the intersection.
Our property's not that long and so there would be, if that was a true statement and if they
thought it out, which I hope is not the case, there would be no access allowed on Lake Susan
Drive to our property at all. And I guess our response to them will be, we've got to work
something else here or you need to buy the property because we can't, you know you can't
develop property that you don't have access to. Would have no access on any of the four sides if
that were the case, so I think perhaps that that was maybe an over statement. I'm hoping that
we'll get that worked out with them. That's kind of our big concern that we have right now.
Mayor Furlong: Okay. Well that's an issue, and you said Kate that.
Kate Aanenson: Yep. Yes, and Paul's aware of it too so we're...
Mayor Furlong: We're pretty fluid there. We're working on that so. Okay. Very good. I'm
sorry, Councilman Labatt.
Councilman Labatt: Kate one quick question. On the, I'll call parcel probably 3. With the
apartments. It's going to have the over story or over parking, the parking garage below the 3
levels.
Kate Aanenson: That's correct.
Councilman Labatt: On the plan here it looks like there's only one entrance in and out. What's
our guidelines for requiring that second entrance in or out?
Kate Aanenson: We have existing apartments that have the one way in, one way out. Up on
Lake Susan. Those are one way in, and actually we built the building there for the neighbors so
there was a break in above grade but there's a long connected under ground.
Richard Hennings: Are you talking about one way in and out of the parking lot?
15
City Council Meeting - January 24,2005
Councilman Labatt: The parking ramp.
Mayor Furlong: If you can get towards a microphone too.
Kate Aanenson: Yes. So both of those meet the current, yeah. Yep.
Councilman Labatt: Okay, and then that.
Kate Aanenson: This was... one way.
Councilman Labatt: The road through that property, is that a public street then? Is that what?
Kate Aanenson: Yes. That was a requirement ofMnDot when we approved the 212. Obviously
there's some design issues. Some of the neighbors had concern about cut through traffic.
Obviously if you have some of this cut through, it takes some of the pressure off this intersection
which we know will have some, so that's a good thing. But we also didn't want to do it to the
detriment of people trying to do business in here so that was one of the things that we've agreed
that we need to kind of work through those issues where we use traffic calming. That it is, can
be used to cut through but not at the detriment of the existing or proposed businesses, so.
Councilman Labatt: Okay.
Kate Aanenson: But these two touchdown points are fixed...
Todd Gerhardt: And that's because if you have a full intersection you have to connect two state
aid road sections to that. And that would be 101 and Lyman.
Mayor Furlong: Kate, maybe a follow-up question with regards to signage. You mentioned a
possible gas station or other types of commercial buildings in that south of 212. Even with the
buffers there, what sort of visual protection will there be to the residents over in Chanhassen
Hills there? I mean they're going through a lot of changes as it is. And gas station lights tend to
be a little more brighter in the evening.
Kate Aanenson: Yeah, I think most of the commercial is going to be on this side. South of Chan
Hills. I think the biggest concern we heard from was the neighbors was, they did hold a
neighborhood meeting and the Planning Commission as I mentioned did recommend 5-0, but
these neighbors were also concerned about.
Mayor Furlong: Sure.
Kate Aanenson: So you know obviously there will be some wall signs. We did talk about
lighting, but they will have some monument signs. No pylons. We'll recommend the monument
sign and identifying the center and once you get in, obviously the gas station is the one, which
we think makes sense. With the level of activity by pushing that one up where it's bordered by
101 and new 212. Would have the least amount oflight visual impact, and we did want the drive
16
City Council Meeting - January 24,2005
through the way we have the speaker and that's something we'll have to work with on that too.
You hear the squawking.
Mayor Furlong: Okay. And you know you mentioned Springfield neighborhood, and I'm glad
you did because they're right down there and obviously they worked very well with the transit,
Southwest Metro Transit and that park and ride and I'm glad to hear that you're meeting with the
neighbors, which was evident with the lack of volume at the public hearing. At the Planning
Commission and the positive so continue to do that if you would because we're, you're
inbetween a couple neighborhoods here that used to look out over farm fields and they're going
to see a lot of changes as I said, in the next few years. So everything we can do to mitigate the
problems ahead of time would be appreciated. Thank you. Any other questions? Comments.
I'll bring it back to council for discussion at this point then. Pros? Cons?
Councilman Peterson: It certainly seems appropriate for surrounding Southwest Metro Transit,
getting some services to that area. It doesn't have any now. From a concept standpoint I
certainly think, I can't add any positive critiques to it.
Mayor Furlong: Thank you. Other comments?
Councilwoman Tjornhom: I'm glad it's a PUD. I guess I'd have to say for one thing, I'm
hoping that we'll have some quality townhouses and quality apartments that will be built that we
can all be proud of. And hoping also that we can maybe have a little mixed use with potential
for maybe elderly housing or other housing alternatives because it is next to the transportation
hub, as you would have it in Chanhassen so I think it's a good plan.
Mayor Furlong: Thank you. Councilman Lundquist.
Councilman Lundquist: Agree with the comments. The one, the only thing that really concerns
me now is the townhouse, the apartment complex that would be right along Lake Susan Drive as
we get into the Lake Susan Hills neighborhood. We continually hear about issues of traffic, cut
through and different things going like that and to add that volume of housing right there would
be, it's not a big enough concern for me now to say no but I think that will definitely be an issue
going forward and the big question that I don't know the answer to is, is it better to have
apartments and townhouses there or a commercial something. I don't know which drives, maybe
commercial drives more traffic which could be worst but certainly something that if we haven't
heard from the residents of Lake Susan Hills, I'm sure that we will so, and again I think it's a
great place for these types of things to be near the Southwest and near the highway so let's just
make sure that we do it right. But I think it's a good proposal.
Mayor Furlong: Thank you. Councilman Labatt.
Councilman Labatt: Well I wouldn't disagree with anybody's comments here. I think, you
know there's a lot of points to this potential development here that would benefit a large majority
ofChanhassen. But that northern portion, we'll call it parcell and 5. I think you know, they
have an issue there. If MnDot' s not going to give them access, off of Lake Susan Drive, so
maybe we can just direct staff to strongly work with MnDot to figure something out there with
17
City Council Meeting - January 24,2005
MnDot to allow that to working, but with this being just conceptual, you know that gives staff
the time and the energy and resources to work with the developer on it. It comes back to us for
preliminary and I do like it.
Mayor Furlong: Okay, thank you. I think comments were well made. Overall I think it's a good
concept. It's nice to see the variety in a mixed use development like this. The access up along
Lake Susan Drive is going to be an issue as Councilman Labatt said, not just for this property
owner but for the property owner to the north as well, and I know staff is aware of that. The
owner there spoke at the public hearing and that issue has to be taken care of. Again, I think it's
going to add some services. Some business neighborhood services to this part of town. I think
as Councilwoman Tjornhom said, you know as a PUD we get a chance to really make sure it gets
done right and I think that's what everybody would be looking for here so this really adds to the
quality of our city which I think it has a great potential to do that and there's a lot of work to do
but I'm in favor of, from a concept standpoint, of moving forward. That might mean that some
things get moved around if Councilman Lundquist's comment about traffic with apartments up
there is bad, then we need to do some shifting and such to make things work but ultimately it's
got to work for this property owner as well as neighboring property owners as well. And I'm
confident that we'll be able to get that done, so I would support it from a concept standpoint.
Any other comments? If not, is there a motion?
Councilman Lundquist: I'd move that the City Council approve the concept PUD with the
recommendations as outlined in the staff report.
Mayor Furlong: Thank you. Is there a second?
Councilwoman Tjornhom: Second.
Mayor Furlong: Made and seconded. Any discussion on the motion? Hearing none we'll
proceed with the vote.
Councilman Lundquist moved, Councilwoman Tjornhom seconded that the City Council
approve the concept PUD, Planning Case 05-01 with the recommendations outlined in the
staff report. All voted in favor and the motion carried unanimously with a vote of 5 to O.
REQUEST FOR SITE PLAN APPROVAL WITH VARIANCES FOR THE
CONSTRUCTION OF A RETAIL BUILDING AND A CONDITIONAL USE PERMIT
FOR AN LED MONUMENT SIGN: LOCATED AT THE NORTHWEST CORNER OF
MARKET BOULEVARD AND WEST 79TH STREET (AMERICANA BANK BUILDING)
W ALGREENS: SEMPER DEVELOPMENT. LTD AND ROBERT DITTRICH.
PLANNING CASE 05-03.
Public Present:
Name
Address
Neil Tessler
CEI Engineering
18
City Council Meeting - January 24,2005
John Kohler
Allen W. Obernolte
Robert Dittrich
821 Marquette Avenue #600, Minneapolis
106 Tanager Road, Mankato
106 Tanager Road, Mankato
Kate Aanenson: Thank you. As you indicated, Walgreen's is going for a site plan review with
variances and a conditional use for a reader sign. The subject site is located on West 79th and
Market Boulevard. As you stated, the existing Americana Bank is. Sharmeen Al-Jaff on our
staff has worked with Walgreen's over the last few months to really get a high quality design.
The bank itself is two stories. The Planning Commission struggled a little bit with the size of the
footprint of this building. While it's one story compared to the two stories, there is office space
in the existing bank building that is leased because the existing footprint is 5 so it's really closer
to 10,000 square feet. And this is 15 so it's obviously a bigger footprint. The request for the
variance is driven by the fact that the impervious surface... is a little bit lower impervious district.
65 percent so the direction the staff took on that was to get a higher quality design so we'll go
through that in a minute but we believe that it was pretty, worked really well with the applicants
to get what we believe is a superior design look to the building. Again the Planning Commission
heard this, through a public hearing on January 4th. Did recommend approval 5-0. There was
two areas that the Planning Commission discussed that the staff had a different perspective on
and one was the drive through window. Walgreen's does have a drive through window. The
existing bank does. There is traffic that comes through off of Market Boulevard that's allowed
to cut through. There is a shared parking agreement with the Applebee's, Tires Plus and
Chipotle, kind of a shared parking. We believe it makes sense to continue to allow that. There
was a traffic study that was done on that that said there's two ways to approach it. One you can
mark it one way, or observe it for a while. Obviously Walgreen's choice is to have someone
come in, as opposed to go through the drive through and capture that customer in a better
method, and actually the drive through on this is significantly lower so our recommendation is
that we continue to monitor it for a while and if it presents itself as a problem, which we don't
anticipate, then we could mark it one way. The Planning Commission also kind of went beyond
what we had recommended for impervious surface because they felt was appropriate to actually
put a bench out front and I'll go through the location on that. So with that, again as I, a little
over an acre and a half. 15,000 square foot building. Materials are shown on here. It's a brick
building. Again we had them put windows all the way down. If you look at some of the other
surrounding communities, the windows are really kind of shoulder above high. We had them put
windows all the way down so it really has that curb appeal all the way around the building.
Again we think that makes for a superior look. One of the other things that we had them do is all
the trash is inside the building, so again that added to kind of the footprint of the building was
another reason we felt was a reason for granting the impervious surface requirement. This is the
front door which actually doesn't face Market but actually faces kind of the Applebee's, West
79th Street. Again we think that has really nice curb appeal. This is the back side. This is the
drive through window. Again, based on the traffic counts, pretty low turn out. This is the reader
board that asks for the conditional use on. The way our ordinance is set up is that you have to
get a conditional use. We think it's appropriate. One of the things that they said that they'd like
to use it for also is the Amber Alert. It's another cuing thing so we did put findings in there for
the conditional use and we are recommending approval of that.
Councilman Lundquist: Is that Market Boulevard right in front of there then?
19
City Council Meeting - January 24,2005
Kate Aanenson: Yes it is. Yeah.. .let me go back to the trash enclosure... Here we go. That's
the trash enclosure slide, so we have spando windows, so yeah. Again this is a much superior
building because we have the 3, 2 corners, significant corners coming in to make, to get to the
downtown so I mean, we're really pleased with the way the applicant worked with the staff to get
a nice design and kind of that compromise for the variance requirement. So with that we do have
conditions of approval for the variance, the conditional use and the site plan approval.
Councilman Labatt: Did you want to talk about that bench?
Kate Aanenson: Yeah, the bench I just mentioned briefly. This one right here. It'd be out in
this area here. On the site plan. That's the main entrance so the Planning Commission wanted
that, so that would add additional impervious surface.
Mayor Furlong: Just a quick question. What's the incremental increase?
Kate Aanenson: I knew you were going to ask me that.
Matt Saam: ... is 5 percent. So it's.
Mayor Furlong: Wait a minute. 5 percent of the impervious surface? How many square feet?
Applicant: For the bench? Oh I mean it's, I thought you meant the whole. The incremental
difference is almost is, I mean yeah. .00 something. Of 1,000 square feet it's probably 12.
Mayor Furlong: Thank you.
Kate Aanenson: So the plan that you saw, the first site plan there was additional requirements
for landscaping. Those have all been modified. The plan they just showed so it does meet all the
requirements.
Mayor Furlong: Alright. Any questions for staff?
Councilman Lundquist: Kate question on the condition about the drive aisle and one way, two
way, monitor. If it' s monitored, who's going to monitor it? How you going to determine if it' s a
problem or not? How long are you going to monitor it? When are you going to say whether
something needs to be done or not and how do we make this so it's not 25 years from now
somebody decides this is an issue?
Kate Aanenson: Well I think a lot of what we have to do is complaint driven. I think
Walgreen's as the owner of the property is the first one to complain. If they're having problems.
They've indicated to us that they have similar situations where they have a Wal Mart next to a
Walgreen's, is that correct? Yeah, and it works fine so they're comfortable with it. We wouldn't
want to force them to have something that would be a detriment to them. We think it'd be a lot
of two ways in and out of something that's to the positive so.
20
City Council Meeting - January 24,2005
Councilman Lundquist: And I'm not against it. I just don't, it seems like something that has the
potential to you know.
Kate Aanenson: People are using it that way now. I guess that's part of it. We're not changing
something so that to me would have been the concern. We're not re-cuing people. That's how
it's functioning today. People are used to using that as an alternative to get back to those
businesses, especially in sometimes a busy, busy lunch hour rush. People take that cut through
to get to Applebee's. Dinner Theater, movie, whatever, so they're used to being cued that way
so we felt leaving it that way wouldn't be a problem. Obviously Walgreen's as a tenant would
be the first one to complain about it.
Councilman Lundquist: Realistically if you were going to make it a one way, I mean.
Kate Aanenson: It has to come out. Out, yeah.
Councilman Lundquist: Yeah, but then all you're going to do is put a sign up there and.
Kate Aanenson: Do not enter. One way.
Councilman Lundquist: Right, and people are going to drive there anyway.
Mayor Furlong: Because they go over the curb? I mean what's with it?
Kate Aanenson: Yeah, well that's kind of what we're saying. People are cued to using it that
way and as long as they actually have less drive through traffic. The only concern was,
because. . . the site plan's laid out. If you look at how it's laid out. Going through the drive
through. It's just the sight line as you bump out here so there is two way traffic. If someone...
it's tight. That's the only place it's a problem. You have plenty of sight distance through here.
Mayor Furlong: But that's the situation now.
Kate Aanenson: Correct.
Councilman Lundquist: But you're going to put a sign up there on a piece of private property
that says one way, and.
Kate Aanenson: They would be enforcing it, correct.
Councilman Lundquist: Right, but realistically people are just going to drive there anyway.
Mayor Furlong: Question. Yeah, questions? I have a question Kate. We'll get to you in just a
minute sir. Is there a public interest for having that a two way route because of the cross parking
easements and the access to the other businesses nearby?
Kate Aanenson: That's the staff s position that it is kind of in the public interest. You know we
always try to tie properties together. I'll give you a similar example, if you look at Byerly's. We
21
City Council Meeting - January 24,2005
tied TCF, Office Max so you don't have to get back onto a public street. Wait through a line. If
you want to go from one to the other, same as we did M&I Bank is also tied to Richfield. If you
want to go back, so you don't always have to get onto a public street you know for those kind of,
those convenience kind of things so we saw this really as a convenience. We don't want to do
anything to the detriment of Walgreen's but we believe people are patterned to go that way and
it's not hurting anything. It's not the majority of the traffic but it does provide that alternative.
Mayor Furlong: I guess one of my questions, following up on Councilman Lundquist's question.
If there isn't even a public interest to making sure that's two way, then should we be dictating
traffic flow on a private property, and I don't know if that's where you were going or not but
that's part of my question. You know if we were silent on it, in terms of the conditions, then if it
became a problem we couldn't, and the property wanted to just go one way, is there a public
interest for us having that condition there?
Kate Aanenson: I'd leave that to the City Attorney because we've had these discussions before
about can you force somebody to have an access. I don't believe you can force them to combine
onto a commercial piece but most people that we've worked with want that relationship, and
because of the shared parking. Again they're comfortable with it. The applicant or we wouldn't
be forcing the issue. That's how it's functioning today so. They'd be the one to enforce it.
Mayor Furlong: Okay.
Kate Aanenson: Because you're right. Could we remain silent on it and leave it that way? Sure.
I believe that's something that may be more...
Mayor Furlong: By having it in the condition as staff is recommending, or as the Planning
Commission recommended, then the property owner would have to come to the City to get a
change either way. If it' s silent, then they could monitor it themselves. Is that correct?
Kate Aanenson: Sure.
Roger Knutson: Yes.
Mayor Furlong: So it's a question whether we want to have some say in what happens. If they
come out and say we really want this one way, but we believe there's a public interest to keeping
it two way, we're not necessarily, I'm having trouble believing that the property owner would
put an unsafe traffic flow through their property but. I guess that's my question.
Kate Aanenson: Sure, leaving it silent would be a solution, certainly.
Mayor Furlong: Okay. Alright. Other questions for staff?
Councilwoman Tjornhom: I have a question, or at least a comment. Well I don't know,
question/comment about the shared parking agreement. That area is so compressed the way it is.
Who's going to monitor that as far as you know, if Applebee's all of a sudden has a rush and
22
City Council Meeting - January 24,2005
they're in Walgreen's and Walgreen's customers are trying to park and, oh I think he's got it.
He's got an answer.
Kate Aanenson: Well it's functioning today that way with all the uses that are at the bank which
probably has more uses at the bank than Walgreen's would at any peak time because of the
office that's rented there so. They obviously want to protect their interest and provide as much
parking as they need, and the other uses there are bound to what they have in place right now
because they don't have expansion capabilities but it functions based on peak hours. That they
would use them.
Todd Gerhardt: They've all entered into private contracts for parking amongst each other so it's
up to them if they have issues to go through the proper channels in enforcing that so it's a private
matter. We encouraged it and they've agreed to that through a private contract between the two
parties. Or in this case 5 parties.
Mayor Furlong: Other questions? Back tracking to the two way traffic. Was there any
condition with the plan that went through for the existing property. The existing building with
regard to. . .
Kate Aanenson: ... you know it probably was silent.
Mayor Furlong: It was silent?
Kate Aanenson: It probably was. We had to cross through between the businesses and they had
the shared parking but when this project came forward we actually did a traffic study and that
was a finding that came up in that.
Mayor Furlong: Of the traffic study with the two options. Did the traffic study recommend an
option or did they just present the two?
Kate Aanenson: No, it said one way or to monitor it. You know it said either could work.
Mayor Furlong: Alright. Okay, any other questions for staff at this point? If not, I see the
applicant is here. If you'd like to come forward. Be happy to listen to your comments.
John Kohler: My name's John Kohler. I'm an architect with Semper Development. To address
your question on the parking. What we've worked out is there are some very specific spaces and
those would be these spaces right here that are to be shared with Applebee's. So and Walgreen's
feels that the remainder of parking, which is the closest to their front door is more than adequate
in those time periods where it is shared, and it's not a 24 hour day basis. Applebee's is allowed
to use those on weekends and then on later hours in the evening, I believe after 5:00 so it's not a
constant. And in the meantime Walgreen's is allowed to use some parking over here although I
don't think they'll ever get to a point where they need it.
Councilwoman Tjornhom: Will this Walgreen's be a 24 hours?
23
City Council Meeting - January 24,2005
John Kohler: It is not set now to be a 24 hour but you know, there's always, it's always possible.
They do have 1 in 12 stores are 24 hours.
Councilwoman Tjornhom: Do we have a 24 hour pharmacy in Chanhassen?
Councilman Labatt: No. The nearest one is 7 and Blake.
Kate Aanenson: St. Louis Park.
Councilman Labatt: 7 and Blake.
Councilman Lundquist: Isn't there one at Eden Prairie Road and Highway 5?
Councilman Labatt: I don't think that's 24 hours anymore. I've made some midnight runs there,
I know. And I use the drive through window.
Mayor Furlong: At 2:00 in the morning?
Councilman Labatt: There has been.
John Kohler: I'd be happy to answer any other questions you have.
Mayor Furlong: Any other questions? No? Thank you. Alright, bring it back to council for
discussion, unless there are follow-up questions with staff.
Councilman Labatt: It certainly would be a nice addition to the downtown area. Speaking in the
past. It will be. I think you get where I'm going. While it's Americana Bank will be relocated
in the city, they're not moving out, it is good to see kind of an upgrade to that corner. It's a high
visibility corner and it will be nice to have it right there.
Mayor Furlong: Okay. Other thoughts. Comments. If any. My concern when I first heard that
this was in the works, we've got a nice looking building, the Americana Bank building and
because of the proximity and the entryway into our downtown, my concern was that we might go
down in terms of building quality and I don't think we have. Nothing to the detriment of the
Americana Bank building but this is a nice building as well and especially relative to our relative
basis so I commend the architect and staff for working together to create a nice building that the
City can be proud of and again a good service for our citizens as well. If there's no other
comments, is there.
Councilman Labatt: Can we just talk about 24 quick, and I think you want to remain silent on it.
Is that, assuming to be a deletion of 24?
Mayor Furlong: For my personally. If the council thinks there's a need for the city to be
informed, if they ever want to go to a one way, we keep it in. I don't know that we need to do
that unless staff is telling us that they'd like to have a hand in that. My sense is that if there are
problems there, that the property owner will take steps to make sure that their customers are safe
24
City Council Meeting - January 24,2005
in terms of traffic through signage or making sure sight lines are visible, so being silent on it,
that's the way it's working right now with the bank. I'm not aware of any problems. I haven't
heard of any and I'm sure that the property owner, the business owner can monitor it. If we want
to stay silent, I'd be comfortable with that. Unless there's a sense that we want to be informed if
they ever want to change it to one way to make sure there's access going through. That would be
the only reason I'd say to keep it in there because there is access through but West 78th is so
close, or 79th excuse me. So close, I don't know that we need that so I would defer to fellow
council members if they want to keep it in there, but otherwise I'd say just take it out.
Councilman Labatt: I'm okay with the deletion of it.
Mayor Furlong: Okay, other comments? That's fine. Somebody want to make a motion then.
Councilman Labatt: Well I would move that we approve Site Plan 05-3 for 15,000 square foot
building to house a retail building and pharmacy with a variance to allow 70.4% hard surface
coverage and reduction in parking based upon the findings of fact in the staff report, subject to
the following conditions 1 through 23. The deletion of number 24 and keeping 25 as is.
Mayor Furlong: Okay. Thank you. Is there a second?
Councilman Peterson: Second.
Mayor Furlong: Made and seconded. Any discussion? Nothing on that bench?
Councilman Labatt: Good place to rest Tom.
Mayor Furlong: Good place to rest and we're going to give them the hard surface cover. I think
that's a good addition. If there's no other discussion, is there, proceed with the motion.
Councilman Labatt moved, Councilman Peterson seconded that the City Council approve
Site Plan #05-3 for a 15,000 square foot building to house a retail building and pharmacy,
with a variance to allow a 70.4% hard surface coverage and reduction in parking, based on
the findings of the staff report, and as shown on the plans dated received December 3, 2004,
subject to the following conditions:
1. Applicant shall increase landscape plantings to meet minimum requirements. A revised
landscape plan shall be submitted to the City prior to final approval.
2. Landscape islands shall have a minimum inside width of 10 feet.
3. Add the latest City standard detail plate Nos. 5207, 5300, and 5301.
4. On the utility plan:
a. Revise the proposed inverts for catch basin NO.1 to 949.25 and 949.19,
respectively.
b. Label the existing water stub to the site off Market Boulevard as 8" DIP.
25
City Council Meeting - January 24,2005
5. On the grading plan:
a. Add a benchmark.
b. Show the proposed storm sewer.
c. Increase the rock construction entrances to a minimum of 75-feet in length.
d. Show the parking lot stall locations and striping.
e. Show the missing 954 contour elevation along the north side of the property.
6. Installation of the private utilities for the site will require permits and inspections through
the City's Building Department.
7. The applicant must show the location/elevation of an emergency overflow point for catch
basin NO.2 that is 1.5-feet lower than the proposed building elevation.
8. Storm sewer sizing calculations will be required at the time of building permit
application. The proposed storm sewer must be sized for a 10-year storm event.
9. Sanitary sewer and water hookup charges will be applicable for the new building. The
2005 trunk hookup charge is $1,458 per unit for sanitary sewer and $2,955 per unit for
watermain. The 2005 SAC charge is $1,525 per unit. All of these charges are based on
the number of SAC units calculated by the Met Council. Since there is an existing
building, only hook-up charges for the additional SAC units will be charged. These
charges will be collected at the time of building permit issuance. Sanitary sewer and
watermain hookup fees may be specially assessed against the parcel.
10. If importing or exporting material for development of the site is necessary, the applicant
will be required to supply the City with detailed haul routes.
11. Permits from the MPCA, Watershed District and Railroad will be required for the site
grading.
12. All drive aisle widths within the parking lot must be 26-feet wide per City Code and the
existing driveway aprons must be upgraded to current City standards per Detail Plate No.
5207.
13. The existing assessment for the recent 2004 Street Overlay Project, totaling $11,436.83
plus interest, must be paid prior to building permit issuance.
14. The proposed development shall maintain existing runoff rates and meet NURP water
quality standards.
15. 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:
26
City Council Meeting - January 24,2005
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 manmade systems that discharge to a surface water.
16. Street cleaning of soil tracked onto public streets shall include daily street scraping and
street sweeping as-needed.
17. 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
(NPDES Phase II Construction Permit), Minnesota Department of Natural Resources (for
dewatering), Army Corps of Engineers ) and comply with their conditions of approval.
18. Fire Marshal Conditions
a. A 10-foot clear space must be maintained around fire hydrants, i.e., streetlamps, trees,
shrubs, bushes, Xce1 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).
b. Indicate on utility plans the location of PI V (post indicator valve). Fire Marshal must
review and approve.
19. Building Official Conditions:
a. The building is required to be protected by automatic fire extinguishing systems.
b. The plans must be prepared and signed by design professionals licensed in the State of
Minnesota.
c. A demolition permit must be obtained prior to beginning demolition activities on the
site.
d. The site must be protected with an 8 foot high fence during demolition and
construction activities.
e. Detailed occupancy related requirements cannot be reviewed until complete plans are
submitted.
f. The owner and/or their representative shall meet with the Inspections Division as soon
as possible to discuss plan review and permit procedures.
20. All rooftop equipment shall be screened.
21. The applicant shall enter into a site plan agreement with the city and provide the
necessary financial securities.
27
City Council Meeting - January 24,2005
22. The applicant must obtain a sign permit prior to erecting the signs on site. A detailed
sign plan incorporating the method of lighting, acceptable to staff, should be provided
prior to requesting a sign permit.
23. The Planning Commission recommends the withdrawal of approval of Site Plan 92-1 for the
Americana Community Bank building, concurrently with the approval of Planning Case 05-
3. The applicant shall file the notice of withdrawal against the property at Carver County."
24. Allow additional hard surface variance coverage for an additional bench on the southwest
corner.
All voted in favor and the motion carried unanimously with a vote of 5 to o.
Mayor Furlong: There's also a conditional use permit.
Councilman Labatt: And I'll also move that we approve Conditional Use Permit 05-03 for an
LED display with, in a monument ground low profile sign.
Mayor Furlong: Thank you. Is there a second?
Councilman Peterson: Second.
Mayor Furlong: Made and seconded. All those, or any discussion on that motion?
Councilman Labatt moved, Councilman Peterson seconded that the City Council approve
Conditional Use Permit #05-03 for the LED display within a monument ground low profile
sign. All voted in favor and the motion carried unanimously with a vote of 5 to O.
Councilman Peterson: Kate, can you quickly just share what, and I think I was part of this but
the LED. The LED as a conditional use. It seems like a lot of work for a slam dunk. Nothing
regarding you guys.
Kate Aanenson: You know it came up on the Legion one. Sometimes it's like it can be a
nuisance. I think the things we're trying to regulate, and maybe we can build it into the
ordinance if you have to look at is color. Frequency of flashing.
Roger Knutson: Illumination.
Kate Aanenson: Yeah, some of those kind of things can be a nuisance so if we can build that in
and make it prescriptive, instead of trying to always make it a conditional use.
Councilman Peterson: Yeah, I mean it just seems like more work for you guys...
Kate Aanenson: Yeah, and you know sometimes in a neighborhood it can be, you know
depending on the location. Certainly in this location, it's in the core of downtown. It makes
28
City Council Meeting - January 24,2005
more sense. But I think we looked at some on 5, sometimes it an issue for traffic and distractions
but yeah, we can look at making it more prescriptive.
Councilman Peterson: Well it's up to you. Your discretion but it just, it seems like it's a lot
more work than it's worth.
Kate Aanenson: If it' s tied in with the project, it always makes it easier too. Kind of one notice.
One thing. When it comes in separately.
Mayor Furlong: Alright, thank you. Moving on with our agenda.
APPOINTMENT TO THE PLANNING COMMISSION.
Mayor Furlong: On Monday, January loth the City Council interviewed 4 of the 5 applicants for
2 vacancies on the Planning Commission. Jerry McDonald was selected to complete the term
that expires in April, 2007 and he was appointed by council action at our previous meeting. The
Council wanted to interview the remaining applicant before a final selection on the other
vacancy. This evening the council met with Debra Larson who was interviewed and it was the
determination from the council at that time to appoint Debra Larson to the term that expires in
March of2006. So it will be one year. Fulfilling the vacancy at this point so I would ask from
the council a motion for such an appointment.
Councilman Lundquist: Motion to appoint Debra Larson to the one year term which expires in
2006.
Mayor Furlong: Thank you. Is there a second?
Councilwoman Tjornhom: Second.
Mayor Furlong: Made and seconded. Any discussion on that?
Councilman Lundquist moved, Councilwoman Tjornhom seconded to appoint Debra
Larson to a one year term as Planning Commissioner which will expire March, 2006. All
voted in favor and the motion carried unanimously with a vote of 5 to O.
Mayor Furlong: I'd like to thank everybody that did express an interest in the Planning
Commission. Just by work of information, we will have vacancies I believe on all of our
commissions, Planning, Park and Rec, Environmental and Senior Commission most likely those
terms are expiring at the end of March of this year so just in a couple months. Do we know Mr.
Miller or Mr. Gerhardt when applications for the various commissions, when we're going to be
soliciting those? Probably in the next couple weeks.
Kate Aanenson: That's correct.
Mayor Furlong: And looking for people to get their applications in probably by the middle of
February, so if people are interested, check the city web site. Call city hall. They can put you in
29
City Council Meeting - January 24,2005
touch with a staff member that can give you more information about the commissions and their
actions and duties and roles of the commissioners. And we certainly would welcome anybody of
interest to try to get involved. Thank you. That completes our items of new business this
evemng.
COUNCIL PRESENTATIONS: None
ADMINISTRATIVE PRESENTATIONS:
Todd Gerhardt: Mayor, City Council members. Our first publication of the Maple Leaf went
out. You may have gotten one in your packet, or in the Villager. So I think this addition, we
talked about the senior center. And of course our public safety open house coming up in
February, so we're getting the word out on that and we'll get a good attendance. We also have
the grand opening tomorrow for the Arboretum's new visitor center. It's an all day event so if
you've got an opportunity, stop by. Take a look at the beautiful 45,000 square foot visitor
center. New kitchen. Kind of a large meeting room, up to 200 people. So it's, a little gift shop
too I think they added to it. So drove by the other day. Taking the finance candidates out and
about and it looks great from the road so, if you've got an opportunity, stop out. Other than that,
that's it. Any questions for me?
Mayor Furlong: Questions for Mr. Gerhardt or staff. No? Okay.
CORRESPONDENCE DISCUSSION. None.
Councilman Lundquist moved, Councilman Labatt seconded to adjourn the meeting. All
voted in favor and the motion carried. The City Council meeting was adjourned at 8:35
p.m.
Submitted by Todd Gerhardt
City Manager
Prepared by Nann Opheim
30