SUM 2005 02 28
CHANHASSEN CITY COUNCIL
REGULAR MEETING
SUMMARY MINUTES
FEBRUARY 28, 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, Todd Hoffman, Paul Oehme, Roger Knutson, and Kate
Aanenson
PUBLIC PRESENT FOR ALL ITEMS:
Richard Crawford Chanhassen Villager
Nathan Franzen 1851 Lake Drive West #550
Todd M. Simning 1851 Lake Drive West #550
Janet Paulsen 7305 Laredo Drive
Debbie Lloyd 7302 Laredo Drive
Dan Keefe Planning Commission
PUBLIC ANNOUNCEMENTS:
None.
CONSENT AGENDA:Councilman Peterson moved, Councilman Labatt seconded to
approve the following consent agenda items pursuant to the City Manager’s
recommendations:
a. Approval of Minutes:
-City Council Work Session Minutes dated February 14, 2005
-City Council Verbatim & Summary Minutes dated February 14, 2005
Resolution#2005-16:
b. Approve Cooperative Agreement for Highway 212, Project 03-09-2
Resolution#2005-17:
c. Order Improvements for the 2005 MUSA Project 04-05.
d. Approve Quit Claim Deed with MnDot for TH 101 and Pioneer Trail Intersection
Improvements, PW356C.
Resolution#2005-18:
e. Approve Quit Claim Deed with MnDot for City Acquired RALF
Property, Project 03-09.
Resolution#2005-19:
f. Approve Plans & Specifications; Authorize Advertisement for Bids
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for West 86 Street/Lyman Trunk Watermain Improvements, Project 04-18.
City Council Summary – February 28, 2005
Resolution#2005-20:
g. Accept Bids & Award Contract for SCADA Hardware, PW307D.
Resolution#2005-21:
h. Accept Bids & Award Contract for 2005 Sealcoat Project 05-02.
i. Approval of Lyman Boulevard Agreement with Carver County.
j. Approval of Wetland Alteration Permit to Fill .11 Acres of Type 3 and .01 Acres of Type 2
Wetland for Intersection Improvements Located at Highway 101 and Pioneer Trail,
Planning Case 05-07.
k. Approval of NPDES, Phase II, MS4 Permit Approval.
l. Approval of Private Kennel License, 8561 Flamingo Drive, Lindy & Denise Hollingsworth
m. Approval of 2005 Strategic Plan.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
VISITOR PRESENTATIONS:
None.
LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE.
Sergeant Jim Olson reviewed the sheriff’s office area report, area citation list, Community
Service Officer report and crime alerts issued by Crime Prevention Specialist Beth Hoiseth for
the month of January. Sergeant Olson explained Chanhassen’s crime statistics compared to
surrounding communities, which had been requested by Councilman Lundquist. Chief Gregg
Geske reviewed the fire department report for the month of January noting there were no major
incidents in the city. They will be recruiting for a couple fire fighters to be hired in July.
REQUEST FOR REZONING OF PROPERTY FROM RURAL RESIDENTIAL
DISTRICT TO RESIDENTIAL SINGLE FAMILY DISTRICT AND SUBDIVISION
(WITH VARIANCES); LOCATED EAST OF HIGHWAY 41, SOUTH OF HIGHOVER
DRIVE AND NORTH OF GUNFLINT TRAIL; YOBERRY FARM, APPLICANT;
YOBERRY FARMS, LLC, DAVID HURRELL AND KAREN WEATHERS; PLANNING
CASE NO. 04-43.
Public Present:
Name Address
Uli Sacchet 7053 Highover Court South
Greg & Linda Twedt 6999 Highover Drive
Karen Weathers Applicant
Jesse Larson 3440 Hennepin Avenue, Minneapolis
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Steve Johnston 410 1 Avenue North, Minneapolis
Tom Stokes 4052 Oakland, St. Bonifacius
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City Council Summary – February 28, 2005
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Bill Coffman 600 West 78 Street
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Chuck Alcon 6138 76 West, Loretto
Tim Block 6903 Highover Drive
Dan Johnson 6951 Highover Drive
Travis Sprague 6888 Highover Drive
Rodd Wagner 6915 Highover Drive
Joe Thull 6872 Highover Drive
Dave Damman 6934 Highover Drive
Philip Haarstad 7066 Harrison Hill Trail
Brent Kreofsky 2221 Hunter Drive
Martin Zielinski 2211 Hunter Drive
Scott Muschewske 2241 Hunter Drive
Mark Erickson 2216 Hunter Drive
Larry Lovig 2475 Gunflint Court
Bill Borrell 2300 Longacres Drive
Todd Rech 2408 Hunter Drive
Stuart Henderson 7240 Gunflint Trail
Jennifer Rysso 7108 Harrison Hill Trail
Michael McGonagill 2451 Hunter Drive
Mark Zaebst 2325 Hunter Drive
Larry Synstelien 6893 Highover Drive
Lois Degler 9111 Audubon
Dan Hanson 2390 Longacres Drive
Chris Rozwadowski 2443 Highover Trail
Jacqie Dougherty 2423 Highover Trail
Ray Alstadt 2423 Highover Trail
Kate Aanenson reviewed the staff’s response to the two petitions presented to the City Council
from the neighborhoods at the last City Council meeting. Councilwoman Tjornhom asked for
clarification on construction hours and days. Councilman Peterson asked staff to provide
background information on the comprehensive plan and it’s use in guiding development. Mayor
Furlong asked staff to comment on an e-mail he received stating that Option A did not meet
ordinance and the impact of construction traffic. The developer, Chuck Alcon who resides at
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6138 76 Lane in Greenfield, Minnesota responded to the issues raised 2 weeks ago and stated
his belief that their plan meets all of the city’s codes and requirements of the comprehensive
plan. Councilwoman Tjornhom asked the developer to respond to an e-mail received just prior
to the meeting regarding negotiations for buffering the Harrison Hill Trail neighborhood. Mayor
Furlong invited public comment at this point in the discussion.
Rodd Wagner, 6915 Highover Drive showed the math which would support the Highover
neighborhood’s concern that Highover Drive is going to be pushed out of compliance as a local
road. They would urge that the council rezone and approve the preliminary plat with a condition
that there not be through access. Tim Block, 6903 Highover Drive showed a map of what
Yoberry development looks like when the surrounding development is complete and not just
Yoberry on it’s own. He read an excerpt from the comprehensive plan where it talks about major
north/south traffic routes in this area of the Twin Cities. His major concerns were the width of
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City Council Summary – February 28, 2005
the street, the fact that Highover Drive is the highest point in Chanhassen, traffic volumes as
detailed by the residents of Highover Drive, and emphasizing again his first point that the
comprehensive plan says to watch out for north/south corridors along 41. Uli Sacchet, 7053
Highover Court South first thanked city staff, and in particular Sharmeen Al-Jaff for all the hard
work that’s been put into this project. He expressed his preference that the cul-de-sac road
behind his lot be located to the east, which would have less impact on the trees and environment.
Brent Kreofsky, 2221 Hunter Drive spoke to the issue of the temporary access to Highway 41.
He asked that the council put themselves in their position when making this tough decision. He
also asked that the City Council consider two things. One is a stop sign at Fawn Hill and Hunter
and also further consider 20 miles per hour on Hunter Drive. The public comment portion of the
meeting was closed. During City Council discussion a schematic was shown with the two cul-
de-sac option. Steve Johnston, the applicant’s engineer with Landform explained that this option
results in a cul-de-sac that is 1,850 feet long with 86 plus homes. After council discussion the
following motion with amendments were made.
Councilman Lundquist moved, Councilman Labatt seconded to approve the amendment to
condition number 47 to read as follows: No connection of Highover and Gunflint Trail,
specifics to be proposed by staff and the developer. All voted in favor, except Councilman
Peterson and the motion carried with a vote of 4 to 1.
Councilman Lundquist moved, Councilman Labatt seconded that the City Council approve
Planning Case #04-43 to rezone 35.79 acres of property zoned RR, Rural Residential to
RSF, Residential Single Family for Yoberry Farm as shown on the plans dated received
December 20, 2004, and to approve the preliminary plat for Subdivision Case #04-43 for
Yoberry Farm for 57 lots and 8 outlots as shown on the plans received December 20, 2004,
and the plan presented February 28, 2005 and dated February 22, 2005, subject to the
following conditions:
1.A minimum of two overstory trees shall be required in the front yard of each lot. The
applicant shall supply the city with a list of the number of trees required on each lot as shown
on the landscape plan dated 12/20/04.
2.The developer shall be responsible for installing all landscape materials proposed in rear and
side yard areas.
3.Tree preservation fence shall be installed at the edge of the grading limits prior to any
construction.
4.Tree preservation on site shall be according to tree preservation plans dated 12/20/04. Any
trees removed in excess of proposed tree preservation plans will be replaced at a ratio of 2:1
diameter inches.
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5.Tree removal calculations must be shown for lot 3, block 1, Yoberry 2 Addition. Revised
calculations for the entire development will be required before final plat approval.
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City Council Summary – February 28, 2005
6.Payment of park fees at the rate in force at the time of platting shall be required as a
condition of approval.
7.The applicant will be required to meet the existing site runoff rates for the 10-year and 100-
year, 24-hour storm events. The proposed ponds must be designed to National Urban Runoff
Program (NURP) standards.
8.The storm sewer must be designed for a 10-year, 24-hour storm event. Submit storm sewer
sizing calculations and drainage map prior to final plat for staff review and approval.
9.Drainage and utility easements must be dedicated on the final plat over the public storm
drainage system including ponds, drainage swales, and wetlands up to the 100-year flood
level.
10.Staff recommends that Type II silt fence, which is a heavy duty fence, be used adjacent to the
existing wetlands and around the ponds. In addition, tree preservation fencing must be
installed at the limits of tree removal. Erosion control blankets are recommended for all
areas with a steep slope of 3:1 and an elevation drop of eight feet or greater.
11.All plans must be signed by a registered Civil Engineer in the State of Minnesota.
12.On the utility plan:
a.All watermain pipes must be PVC-C900.
b.Maintain 10-foot horizontal separation between all sanitary/water/storm sewer mains.
c.Sanitary manhole #4 must be with outside drop structure.
d.Show existing sanitary, storm, and watermain pipe type and size.
e.Show all existing utilities in Longacres Drive.
f.Reroute the proposed watermain in the southwest corner of the parcel to be between Lots
5 and 6 and 10 feet off the proposed sanitary sewer within the 30-foot utility easement.
g.Add the following notes: Any connection to an existing structure must be core drilled.
13.On the grading plan:
a.Show the 100-year HWL of wetlands 1 and 5.
b.Show the benchmark used for the site survey.
c.Show the location and elevation of all emergency overflows. The elevation must be 1.5
feet lower than adjacent house elevations.
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d.Delete the proposed grading on the custom house pad of Lot 3, Block 1, Yoberry 2
Addition.
e.Revise the retaining wall top and bottom elevations on the southwest corner of the parcel.
f.Remove existing temporary cul-de-sac pavement and re-sod it at the north on Highover
Drive.
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g.Maintain a maximum driveway slope of 10% on Lot 21, Block 1, Yoberry 1 Addition.
h.Remove the existing outlet control structure after installing the proposed outlet control
structure on the existing north storm pond.
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City Council Summary – February 28, 2005
i.Show the location of the existing power lines along the eastern property line of the site.
14.Any retaining wall over four feet in height must be designed by a registered civil engineer
and a permit from the City's Building Department must be obtained. In addition,
encroachment agreements will be required for any retaining wall within a public easement.
Approved safety fence will be required on top of all retaining walls which are adjacent to
sidewalk or trails.
15.The sanitary sewer and water hookup charges along with the Lake Ann Interceptor charge
will be applicable for each of the new lots. The 2005 trunk hookup charge is $1,458.00 per
unit for sanitary sewer and $2,955.00 per unit for watermain. The total 2005 Lake Ann
Interceptor charge is $2,270.00 per unit and the SAC fee is $1,525.00 per unit. All of these
charges are based on the number of SAC units assigned by the Metropolitan Council.
Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the
time of building permit issuance.
16.All disturbed areas, as a result of construction, must be seeded and mulched or sodded
immediately after grading to minimize erosion.
17.The applicant should be aware that any off-site grading will require an easement from the
appropriate property owner.
18.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.
19.All private driveway accesses for the demolished home sites off TH 41 must be removed.
20.All of the utility improvements are required to be constructed in accordance with the City’s
latest edition of Standard Specifications and Detail Plates. The applicant is also required to
enter into a Development Contract with the City and supply the necessary financial security
in the form of a letter of credit or cash escrow to guarantee installation of the improvements
and the conditions of final plat approval.
21.All lots must have a minimum useable area off the back of the house pad with a maximum
slope of 10:1.
22.The applicant will be required to cover the cost of all necessary upgrades to L.S. #27 for the
wastewater from the 11 additional homes.
23.A curve sign with a 20 mile per hour speed limit at the eastern end of Gunflint Trail is
required on both sides of the curve.
24.Existing drainage and utility easements within the site must be vacated prior to recording of
the final plat.
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City Council Summary – February 28, 2005
25.The pond built in conjunction with the Highover subdivision must be maintained to ensure it
meets the size and volume standards to which it was originally designed. Any inlet and
outlet structures on that pond requiring maintenance or replacement must be corrected. In
addition, areas experiencing erosion due to storm water discharge must be stabilized.
26.The applicant will either have to expand the existing pond or provide onsite ponding for the
drainage from the south-central portion of the site.
27.The applicant will need to obtain an agreement from Xcel Energy that prohibits any future
encroachment of the power poles into the street pavement or move the street and right-of-
way outside of the existing easement area.
28.A wetland buffer 16.5 feet in width must be maintained around Wetlands 2, 3, 4 and 5. A
wetland buffer 20 feet in width must be maintained around Wetland 1. Wetland buffer areas
should be preserved, surveyed and staked in accordance with the City’s wetland ordinance. The
applicant should install wetland buffer edge signs, under the direction of City staff, before
construction begins and must pay the City $20 per sign.
29.All structures must maintain 40-foot setbacks from wetland buffer edges.
30.All bluff areas must be preserved. In addition, all structures must maintain a 30-foot setback
from the bluff and no grading may occur within the bluff impact zone (i.e., the bluff and land
located within 20 feet from the top of a bluff).
31.Silt fence must be installed between wetland impact areas and the remaining wetland.
32.All exposed soil areas should have temporary erosion protection or permanent cover year
round, according to the following table of slopes and time frames:
Type of Slope Time (Maximum time an area can
Steeper than 3:1 7 days remain open when the area
10:1 to 3:1 14 days is not actively being worked.)
Flatter than 10:1 21 days
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.
33.Street cleaning of soil tracked onto public streets Highover Drive, Lake Lucy Road, Gunflint
Trail, Longacres Drive, Hunter Drive and Highway 41 should include daily street scraping and
street sweeping as needed.
34.At this time, the estimated total SWMP fee, due payable to the City at the time of final plat
recording, is $97,191.
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City Council Summary – February 28, 2005
35.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),
Minnesota Department of Health, Minnesota Department of Transportation, and comply with
their conditions of approval.
36.Submit streets names to the Building Department for review prior to final plat approval.
37.Building Department conditions:
a.A final grading plan and soils report must be submitted to the Inspections Division before
building permits will be issued.
b.Demolition permits must be obtained prior to demolishing any structures on the site.
c.Existing wells and on-site sewage treatment systems but be abandoned in accordance
with State Law and City Code.
d.Separate sewer and water services must be provided each lot.
e.Retaining walls more than four feet high must be designed by a professional engineer and
a building permit must be obtained prior to construction.
f.The developer must coordinate the address changes of the three existing homes with the
construction of the development and provide access for emergency vehicles at all times.
38.Fire Marshal conditions:
a.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.
b.No burning permits will be issued for trees to be removed. Trees and shrubs must either
be removed from site or chipped.
c.Fire apparatus access roads and water supply for fire protection is required to be installed.
Such protection shall be installed and made serviceable prior to and during the time of
construction except when approved alternate methods of protection are provided.
Temporary street signs shall be installed on each street intersection when construction of
new roadways allows passage by vehicles. Pursuant to 2002 Minnesota Fire Code
Section 501.4.
d.Submit proposed street names to Chanhassen Building Official and Chanhassen Fire
Marshal for review and approval.
e.An additional hydrant will be required at the southernmost tip of Lot 4. Relocate the fire
hydrant from between Lots 18 and 19 to between Lots 16 and 17 and add an additional
fire hydrant between Lots 1 and 8.
39.On Sheets C3.1, C4.1, C5.1 and L2.1 of the plans, a gap appears on the western edge of Lots 4,
19, 20 and 21 of Block 1 and Outlot A, Yoberry Farm. This gap must be eliminated.
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City Council Summary – February 28, 2005
40.A windmill appears within the front yard setback on Lot 4, Block 1, Yoberry Farm. The
applicant shall remove or relocate this structure prior to final plat recording.
41.Approval of this subdivision is contingent upon vacation of existing drainage and utility
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easements located on Lots 1 through 3, Block 2, Yoberry Farm 2 Addition.
42.The applicant shall remove the sidewalk on the west side of Gunflint Trail.
43.Trees that should be located prior to grading field verified as to whether or not they should be
removed include: #312, #42, #192, #250, 46, 81, 270 and #251.
44.The developer will be required to install a 10-inch raw water transmission main for future
connection to the City’s second water treatment plant as a part of the utility construction and
provide public drainage and utility easements over the transmission main. As this is a
system-wide improvement, the construction cost for the raw water main will be paid by the
City from the water portion of the utility fund.
45.The applicant shall provide a permanent trail easement or Outlot dedicated to the City
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between Lots 1 and 2, Block 1, Yoberry Farm 2 Addition as depicted on the diagram:”
46. The construction access off of 41 shall be maintained for as long as possible.
47. No connection of Highover and Gunflint Trail, specifics to be proposed by staff and
the developer.
All voted in favor, except Mayor Furlong and Councilman Peterson who opposed, and the
motion carried with a vote of 3 to 2.
The City Council took a short recess at this point in the meeting.
CONSIDER AMENDMENT TO CONDITIONAL USE PERMIT #75-2 FOR LAKE
MINNEWASHTA REGIONAL PARK, PLANNING CASE 4-37.
Kate Aanenson presented the staff report and Planning Commission update on this item. Marty
Walsh, Parks Director for Carver County clarified the use of buoys for the slow, no wake zone.
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City Council Summary – February 28, 2005
Councilman Lundquist moved, Councilman Labatt seconded that the City Council
approve the amendment to Conditional Use Permit #75-2, Section 6.04, Lake Access based
on the Findings of Fact with the following condition:
1. Carver County Parks shall contact the Department of Natural Resources before
proceeding with drudging of Little Minne Bay channel.
2. Carver County shall install Slow, No Wake buoys in Little Minne Bay.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
COUNCIL PRESENTATIONS:
Councilman Lundquist informed the City Council that the Mancino’s were moving out of
Chanhassen to California and thanked Nancy Mancino for all her involvement in city and county
government.
ADMINISTRATIVE PRESENTATIONS:
Todd Gerhardt informed the City Council that he will be at the State Capitol on Wednesday,
along with Len Simich from Southwest Metro Transit regarding funding for the downtown park
and ride. Councilman Peterson will also be attending as a member of the City Council and
member of Southwest Metro Transit Commission.
CORRESPONDENCE DISCUSSION.
None.
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Mayor Furlong took a personal privilege and wished his son Patrick a Happy 9 Birthday.
Councilman Lundquist moved, Councilwoman Tjornhom seconded to adjourn the meeting.
All voted in favor and the motion carried. The City Council meeting was adjourned at 9:35
p.m.
Submitted by Todd Gerhardt
City Manager
Prepared by Nann Opheim
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