CC Minutes 1999 04 12CHANHASSEN CITY COUNCIL
REGULAR MEETING
APRIL 12, 1999
Mayor Mancino called the meeting to order at 6~40 p.m. The meeting was opened with the Pledge to the
Flag.
COUNCILMEMBERS PRESENT: Mayor Mancino, Councilwoman Jansen and Councilman Labatt
COUNCILMEMBERS ABSENT: Councilman Senn and Councilman Engel
STAFF PRESENT: Todd Gerhardt, Roger Knutson, Kate Aanenson, Sharmin A1-Jaff, Bob Generous,
Anita Benson and Dave Hempel
APPROVAL OF AGENDA: Councilman Labatt moved, Councilwoman Jansen seconded to approve the
agenda amended to add an item g, Consider Appointment to the Computer Y2K and Network Task Force.
All voted in favor and the motion carried.
PUBLIC ANNOUNCEMENTS: PROCLAMATION DECLARING MAY 8, 1999 AS ARBOR
DAY.
Mayor Mancino: Next, I do have a public announcement proclaiming May 8th as Arbor Day in the city of
Chanhassen and I'd like to read to you that resolution. Whereas, in 1872 J. Sterling Morton proposed to
the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and Whereas,
this holiday called Arbor Day, was first observed with the planting of more than a million trees in
Nebraska; and Whereas, Arbor Day is now observed throughout the nation and the world and Whereas,
trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs,
moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife and Whereas, trees
are a renewable resource giving us paper, wood for our homes, fuel for our fires and countless other wood
products; and Whereas, trees in our city increase property values, enhance the economic vitality of business
areas and beautify our community; and Whereas, trees are a source of joy and spiritual renewal; and
Whereas, Chanhassen has been recognized as a Tree City USA by the National Arbor Day Foundation and
desires to continue it's tree planting ways. Now Therefore, I, Nancy K. Mancino, Mayor of the City of
Chanhassen, do hereby proclaim Saturday, May 8, 1999 as Arbor Day in the City of Chanhassen. I urge
all citizens to support efforts to care for our trees and woodlands and to support our city's community
forestry program. And further, I urge all citizens to plant trees to gladden the hearts and promote the
wellbeing of present and future generations. And before we vote on this resolution I'd like to let everyone
here tonight know that we will be having, the City will be celebrating Arbor Day from noon to 3:00 at City
Hall on May 8th. And on that day community groups will be cleaning neighborhood parks in the morning.
The Chanhassen Horticultural Club will be planting trees and shrubs at the depot. Volunteers from
Pillsbury will be working on a reforestation project along Bluff Creek. And at noon the Arbor Day event
will begin it's activities at City Hall. So I hope that you can all make it. It's a fun day and we've been
doing it now for 4 or 5 years. May I please have a motion to approve the resolution and a second.
Proclaiming Saturday, May 8th as Arbor Day in Chanhassen.
Councilwoman Jansen: So motioned.
Councilman Labatt: Second.
City Council Meeting - April 12, 1999
Resolution #99-24A: Councilwoman Jansen moved, Councilman Labatt seconded to approve the
Resolution proclaiming Saturday, May 8, 1999 as Arbor Day in the City of Chanhassen. All voted in
favor and the motion carried.
CONSENT AGENDA: Councilman Labatt moved, Councilwoman Jansen seconded to approve the
following Consent Agenda items pursuant to the City Manager's recommendations:
Table to Authorize Preparation of Plans & Specifications for Lake Drive West (Powers Blvd. To
Audubon Road), Project 98-16 to the April 26, 1999 City Council meeting.
Resolution #99-25: Authorize Preparation of Plans & Specifications for Stone Creek Drive (North
of Coulter Blvd.) Project 98-15.
c. Shadow Ridge 3rd Addition, Coffman Development:
1) Final Plat Approval
2) Approve Addendum A to the Development Contract
d. Approve Applying for Membership on 1-494 Corridor Commission.
e. Resolution #99-26: Approve Designation of MSAS Routes - PW033.
f. Senior Commission Appointments.
Resolution #99-27: Approve Resolution Supporting Repeal of State Sales Tax for Local
Government Purchases.
Approve Extension of Construction Work Hours for Water Tower Project, Project 97-1B-1 to 9:00
a.m. to 5:00 p.m. on Saturdays and Sundays, provided no complaints are received from residents
regarding the Sunday construction.
i. Approve Easement for 1998 Bike Trail Project.
Approve Code Amendment Repealing Chapter 10, Article III, Concerning Licensing Cigarette
Dealers.
k. Approval of Bills.
City Council Work Session Minutes dated March 15, 1999
City Council Work Session Minutes dated March 16, 1999
City Council Work Session Minutes dated March 22, 1999
City Council Minutes dated March 22, 1999
Park & Recreation Commission Minutes dated March 23, 1999
m. Resolution #99-28: Approve Resolution Decertifying the McGlynn Tax Increment District.
All voted in favor and the motion carried.
City Council Meeting - April 12, 1999
VISITOR PRESENTATIONS: EMERGENCY MANAGEMENT PRESENTATION, SCOTT
GERBER~CARVERCOUNTY.
Scott Gerber: Thank you Madam Mayor, members of the Council...the opportunity to be here tonight.
What we're going to try and do is go through, I promised Todd and Greg that I would be 45 minutes or less
and it's been averaging about, between 30 to 35 minutes depending on how many questions that you have.
What we're going to try to do is go through a little bit of a presentation that talks about emergency
management in general. And specifically we're going to talk about elected officials roles, or your roles as
the elected officials for the city of Chanhassen. What are your roles and responsibilities when we start to
deal with some of these incidents that we've come to be a part of. I want to start just a little bit with, a
little bit of certainly a bias that I have with our system in Carver County and I'll tell you that I think it's
one of the best in the state based on the cooperation and the coordination that we have between the entities
and the county and all those folks working together. Greg as the, Greg Hayes is the contact for the
emergency management item that occurs in the city of Chanhassen as well as Todd and yourselves play key
pieces in helping that coordination and making the emergency management system work throughout the
county. Throughout the city of Chanhassen. What we're going to do is I talked about it specifically, we're
going to touch on some of the elected officials responsibilities. Greg if you can right now, I'm going to
give a book to each of you that we're going to reference a couple of times through the presentation. It's a
book for you to keep and we'll talk about how it will be utilized in different events that may occur and if we
could we'll keep a couple of those books for the council members that are not present with us tonight as
well. What are we going to try and do tonight? We're going to talk about an overview of the emergency
management system. We're going to talk about your functions and responsibilities. Going to talk a little
bit about resources. We're going to talk a little bit about state and federal support. We're going to talk
about some of the powers and procedures that come through things and we're going to do that by trying to
utilize this outline. From the four phases of the emergency management, through community resources.
You're talking a little bit about some of the responsibilities, both my responsibilities as a director in the
county and how those things, how those responsibilities with.., director in the city of Chanhassen as well as
some of the declarations and legal requirements that go through. We're going to start with, just a little bit
with what are the four main areas of the emergency management system. Mitigation, preparedness,
response and recovery. Well mitigation is really doing that piece before something happens. And
mitigation is good examples to use within our county or in your city would be trying to have good tree
planting things in place, as you talked about with Arbor Day and how you plant trees.., minimize damages.
How do we look at where we put our dike systems in the city of Chaska and the city of Carver are good
examples of good mitigation projects that we've done throughout the county. Preparedness. How do we
prepare for things. Having a good emergency operation plan. Doing good training. Doing multiple
casualty incident training as we do throughout the city and throughout the county on a regular basis. Doing
the training like we're doing tonight. Talking about response. Well that's when things occur and we've got
to respond to things, not only bring police, fire, EMS and all the other entities such as public works and
Red Cross and building inspections. How do we bring all those things into play when we respond to
incidents? And recovery. Probably the long piece of our emergency management system, in my opinion
the most critical to you as elected officials because that's the piece that involves keeping the day to day
functions and getting the functions of the city back appropriate as we look at disasters. I'm going to
reference some of the disasters that I've been a part of as we go through a little bit and we look at Comfrey
and St. Peter and East Grand Forks and how do they relate to us. And what kind of experiences have we
learned from them that bring us into play here. When you look at some of the Minnesota hazards, these are
them. That we think are most commonly going to get involved in. We look at civil disorder and dam
failures, fires, hazardous materials incidents... National security events or terrorism type incidents. Natural
disasters such as severe weather, tornadoes and blizzards. Public utility failures. Transportation accidents
City Council Meeting - April 12, 1999
and a special note if I could just on the bottom. We've added technology to this with Y2K. That's really
been a discussion that everybody has had and we believe that Y2K fits very nicely into our management
system as we would any other type of incident. What Y2K brings us is an opportunity to strengthen that
system. It's an opportunity for all kinds of different people, regardless where they fit into this system.
From individuals to organizations to the government, to help work together to better prepare.., that may
occur or affect our community. This goes back to a picture in East Grand Forks looking at some of the
flooding certainly as an incident that could come, and again down in Comfrey and St. Peter. The
tornadoes that came through. You've heard me say before as we've discussed things as a council here, it's
not a matter of if, it's a matter of when, when things are going to affect our community. We may not be
here but hopefully our system will continue to work the way it has to be able to effectively deal with these
things as they come in. Now in order to effectively deal with these incidents, whether it's operating in the
field or operating in the emergency operations center, we need to utilize the basic system of the emergency
management system. Now the emergency management system or the instant management system is really
the foundation of how fire does most of their stuff. What we're finding that law enforcement, EMS, public
works and elected officials and especially as you look at emergency operation centers, it's key to utilize the
same system. Command being the person or people that are in charge of that incident. Operations being
where much of the work or much of the efforts that's done, for instance in operations, you know fire related
incidents, the operations people are the people putting water on the fire to put it out. The planning section
is the people that are saying, not so much where are we right now but that's the operational thing. But
where are going to be an hour from now, a day from now, a week from now, a month from now. How do
we plan for those kind of things? Logistically. What kind of things do we look at, what kind of things do
we need? If we need 100 shovels, if we need local resources, where do we get them from? And then
finance/administration. Probably one of the most important things for you as you said, and certainly I can
tell you I think in the years that I've been involved in this area, it's become a more heighten area for all of
us in the emergency management area. We used to say in the response area, law enforcement, fire and
EMS, that finance/administration was something that was done at City Hall or was done after the incident
had occurred. That's not so today. In order to effectively deal with things and recover our costs, whether it
be through FEMA in a natural disaster, or through hazardous materials incident, we need to have good
documentation. That starts at the scene and that starts with all those different entities that are player...
This next slide just illustrates that important piece that talks about the system being expanded. It starts at
the top and works it's way down but it's important that everybody communicate together to make that
work. The emergency operations center, which may not be activated on every incident, so when it is
activated it's important that that be a coordinating piece to the overall incidents that are occurring in the
field. For example, if a tornado comes through the city of Chanhassen and hits a couple, multiple parts,
we're probably going to have an emergency operations center activated. When that's activated it's going to
be important that they're coordinating with the on site folks to be able to facilitate how organized things are
happening there. We probably are not calling the shots in the field but we're the coordinating piece and the
policy piece that we'll talk about a little bit later. What do we have the emergency operation center for?
Well, the purpose is really again to coordinate or manage and support the activities that are occurring in the
field. What kind of things do we do there? The same as what we do with things that are occurring in the
field. Policy, planning, logistics, finance and administration are all key things that are a part of that. Now
our emergency operations center in the city of Chanhassen is over at the fire station. We utilize that center
and then there's certainly other places that are going to link to that to make those work effectively. Well
when do we activate that? Well this is some guidelines that are used when we utilize outside resources.
When we have multiple agencies involved. When we have large geographic areas or multiple locations that
become involved. We're probably going to have a central spot to be able to coordinate those things. When
we operate or activate an emergency operations center, who's going to show up there? Well these are a
number of folks that are listed here but I can tell you from being in St. Peter and Comfrey and East Grand
City Council Meeting - April 12, 1999
Forks, you'll have these people plus more. And how do we manage that? How do we coordinate that?
How do we pull those things together? Well hopefully by having a good system and by talking about it
ahead of time and by planning and preparing we're going to be able to at least eliminate some of the chaos
that we may see come through. This particular picture, you may not be able to see it real great but this
particular picture is the emergency operations center in Comfrey prior to the tornado hitting. This is their
fire station. Their fire station still has their fire trucks in it when it collapsed. This is the importance that
talks about having not only one emergency operation center, but what do we have to use as alternate spots?
And I know that Greg and Todd had talked about and indicated in the plan where are some of those
alternate spots and how can we make those things work? These are also alternate spots, alternate facilities
that come in. This happens to be a mobile command post that's used by the State of Minnesota. The
county certainly has another alternate command post that certainly could come up and be used. It's not the
most ideal because how do we bring all those people into play in that small area. It becomes difficult. In
the emergency management area, oftentimes it's thought about getting the law enforcement, fire, EMS is
the emergency management piece. Well what we want to try to talk about here is that it's so much more
than that. And really these are the areas that encompass this when you look at functions and
responsibilities. Notification and warning from how do we activate and notify our fire departments that we
have a call through our paging system. Through our outdoor warning systems. Through our indoor
warning systems. We warn folks about severe weather. Through direction and control we utilize our
emergency operations center to be able to bring people in and coordinate those things as they occur. Public
information, search and rescue, health and medical, evacuation. These are all things that are a part of that
emergency management system. In order for it to work the best, they need to be coordinated and we need
to be talking with how they work and how they work together. In your books, on page 16, there's a listing
of the resources that are potentially available in the event that there's an emergency incident that occurs.
Now this is certainly a good tool to be able to use, but we've really I think gone above and even identified
specific resources within the county. This book, if I can go back just a second, was put together by a group
called the Association of Minnesota Emergency Managers. I'm a part of that group and this book was put
together a number of years ago to look at just this type of presentation tonight. We talk about and we train
fire fighters and we train law enforcement officials and we train the emergency medical services folks, but
what about our elected officials? What kind of role do you have and how do we give you the tools so when
these things happen, we can eliminate some of the chaos. That's how this book was put into place. It's
been utilized at the League of Minnesota Cities during a number of presentations and with the Association
of Minnesota Counties as well as a number of these types of presentations that have been done internally
within our county as well as across the state. That book, that particular page just gives you kind of a local
guideline. We've just recently finished and on the 16th of March, the county adopted our new emergency
operations plan which lists a number of resources locally to be utilized. Everything from generators to
portapotties to water to different types of resources that are used. That plan is used in conjunction with the
local City of Chanhassen plan to work together and they are very coordinated so that when something
happens, how do we utilize those things together. Private industry has a number of different resources that
we use and how do we utilize those things together when those incidents occur. As far as the director's
responsibilities go, these are really, whether it's my responsibilities as a county director or the
responsibilities of the city, we look at, we need to have an emergency operations plan. We need to look
at... warning system and how do we use that warning system. How do we have emergency services from
law enforcement, fire, EMS and communications systems. What kind of back-up systems do we have?
How do we assist other governmental units? Well that's not only city governmental units but townships
and schools and how do we pull all those things together? How do we look at emergency operations center
and when they occur, how do we pull those emergency operations center duties and functions together?
The resource book we talked about. And how do you budget? How do we pay for these things and how do
we try and stay on top of where we're at and try to plan for some of these things? ... with other entities and
City Council Meeting - April 12, 1999
certainly I think that's one of my key roles as you look at liaisons with the city and townships and how do
we pull those things together? Training. Doing training as we're doing tonight as well as doing training
from multiple casualty incident training that we do with our first response agencies. And then public
education and awareness. How do we get a better trained and a better prepared public because we're all a
part of that. Y2K I think is helping us with that and opportunity. Now kind of the nuts and bolts of what
are your responsibilities as chief elected officials of the city of Chanhassen if something were to occur in
this city? We're going to kind of walk through each of these piece by piece but before we go to that, in
another part of your book there's a checklist in there. A number of years ago we used to always say you
always had to remember everything and it's certainly hard for me and I'm sure certainly harder for
everybody to remember things. Whether it's 2:00 in the afternoon or 2:00 in the morning. What we did
was we put together a checklist that's meant to go in your purse, in your wallet. Some place in your day
planner. Some place that you may carry with you. So if you're called at 6:00 in the evening, or if you're
called at 2:00 in the morning and asked to be a part of something, what are some of the things that you need
to take care of and need to be cognizant of as we come and respond to those types of things. First piece
we're going to talk a little bit about is being informed. Know what your planning procedure says. What's
your role and how do you play a part of that. Receive additional assessments. As they come in, how do
you gather that information and gather to be a part of that? Receive ongoing status briefings from the
incident commander on site. What's happening there? How do you stay up to date with what's happening?
What kind of resources are committed and what do we need to do with that? Do we need to look at others
or how do we bring those things into play? Exercise leadership. Looking at decision making and the policy
role that you play, and I can tell you probably one of the hardest things for you to go as elected officials in
the city, as it is for elected officials I think at the county and other places, is it's really hard when we're
dealing with these types of incidents, to play the role of policy. You'd rather be out there picking up
branches or cutting trees or helping clear things, and that's really hard, one of the hardest things for me
often times because I'd rather be out there doing something instead of sitting in an emergency operation
center or sitting in a place where you don't feel like you're making a difference or contributing. Well
clearly in all these roles that you play, you are making a difference. And one of the hardest pieces or one of
the biggest pieces for you to think about is that your role is really policy making as we go through these
things and you've got, you have all kinds of very effective operational people working within the city and
outside that to help take care of these things as we go through. Maintain a personal log. It's important for
you to maintain a personal log so you know what you've done and where you are and what kind of time
you've put into things as you go through. Direct staff to assess different problems. Chair different
assessment meetings that come up within the EOC or your policy area. What kind of things do we need to
be looking at? Issue emergency declarations that are needed. We're going to talk about those in a minute
with some of the key things and why they are important and how they help us. Insure that staff maintains
loss, and that goes back to the documentation piece. And liaison with other elected officials. Whether it's
other cities, the county or the state, how do we bring those things and keep those things in tact. Take care
of your personal requirements. Make sure when you leave that your family knows where you are, and they
know where you're going and they know you may be gone for a while. That sounds kind of silly in a sense
but as we look back at Comfrey or St. Peter, people left and were gone for a long period of time and the
families, well when are you coming back? We've got things that you need to take care of here. Family's
important. Family's the first thing that we should be taking care of as we go through. When you leave, do
you have special medications or special prescriptions. Those type of things that you need to take with you
to make sure that you can maintain your effectiveness. Make tick list of peers or contact numbers. In our
resource manuals we have a number of folks that we rely on and call on a regular basis to bounce things off
of. You as elected officials in Chanhassen may also have those same types of things, and how do you keep
those lists? Who do you call and who do you bounce things off of? It may be the city attorney. It may be
another city council members from other cities that you bounce things off of and again the policy piece and
City Council Meeting - April 12, 1999
not the operational piece. Legal contacts. Legal contacts before things happen as well as when they're
occurring. What kind of legal responsibilities and authorities do we have? That could be based on services
of needs and risks and the status of contracts and we're going to talk a little bit about how when you
declare an emergency it helps... One of the things that you do best, that we may not always think about is
the political works and how that affects the operations. It's important for you to look at the political
awareness with things that are out there. Updating other public officials. Policy decisions. Conferring
with other officials. And what's important, as you go up and block the streets and maybe a part of those
things that they may have political effect with, it's important for the operational people to know what those
political things are. Might we change our operations? Maybe or maybe not but at least we need to
understand what some of those impacts may or may not be as we go through things and deal with that
incident as it occurs. The bottom piece of this slide I think is just important to, to highlight a little bit.
Talks about use elected officials to circumvent unresponsive normal channels. Certainly not something we
want to do day to day. And not something we want to do regularly but if there's something that we
absolutely need and we can't get there, we as operational people may not have the ability to do that. But
you as elected officials may have spots to get to where you need to go to help deal with that incident. One
of the most important things is to keep the public informed. How do you give good information? How do
we give good, accurate information? Press releases and giving good information that's out there. Other
cities that utilize their Mayor and council members to walk up and down the street to get the information
from people. Find out what their concerns are and play them into that incident as it comes through. In
keeping people, keeping the media up to date. Keeping things as factual as we can becomes an important
parts and good lessons that we've learned from incidents that we're going through. Now if you look at
continuity of govern or continuity of our operations. This isn't just true to Chanhassen but it's also true to
Pillsbury or Carver County or anybody else. How do we keep things going because when the disaster hits,
the day to day stuff doesn't go away. They recommend that we have a line of succession three deep. Now
can we do that in every position that we have? Maybe or maybe not, but at least we can look at trying to
identify who's going to be there if somebody else is not. How do we pre-delegate authority. One of the
things that's important to look at is perhaps, as a council you can pre-delegate some of that authority with
resolutions to say you don't need to be called at 2:00 in the morning to make a decision. That authority's
already been delegated to the city administrator or city manager or somebody else, but that they'll call you
and inform you with what's happening. So that's been down and when you look at things like sending
equipment from the city of Chanhassen maybe to St. Peter to assist with. There's resolutions that are done
with that to be able to designate city manager and/or their designee to be able authorize those equipment
and personnel to be able to go prior to that. Emergency action steps. Having things identified prior to
things happening. The emergency operation center is an alternate. We showed and talked about earlier
with the Comfrey example. Safeguarding essential records. How often do we back up our records? How
often do we store them, or do we store them in other locations so that we make sure if something does come
through, we can get back up and functioning as quickly as we possibly can. And then protection of
governmental resources. A good example of that is in our weather spotting system. Our fire departments
are critical pieces to that in our county. One of the reasons they do that is because they're very well trained
as weather spotters. One of the other reasons that they do that is because it moves some of the equipment
out of that one location. If you look at Comfrey, Comfrey didn't go up and do that prior to the storms and
tornadoes hitting their city. They're having very good discussions about thinking about doing that now so
they can put their equipment in other spots to respond back if something were to happen. What about
requesting state assistance? If you need the National Guard in the City of Chanhassen, do you know how
or who is the person in this county that can request that?
Councilman Labatt: Sheriff.
City Council Meeting - April 12, 1999
Scott Gerber: Yep, the Sheriff. The Sheriff is the only one in the county that has the authority to do that.
We can make a recommendation but the Sheriff is the only one who can make that recommendation. They
make it to the State Duty Officer. Once it goes to the State Duty Officer, the Governor is the one that
recommends or authorizes the National Guard to be utilized for an incident that may be occurring. The
State Duty Officer is that one phone call that we can call to get all kinds of state resources to assist us if
it's needed. We also can get assistance in these other areas that are mentioned up here but quite honestly
they're not utilized very often except in major incidents that do come through and affect our entity. How
about federal assistance? The Stafford Act. The Stafford Act is the Act that allows us to recover
assistance and recover financial recoveries for instance that come through. Like the floods of '93 and '97
and the storms of '98. We're still working with recovering those funds based on the Stafford Act from
FEMA which allows us to recover those. I just want to highlight two different pieces of assistance there.
Public assistance and individual assistance. Public assistance is what we get through FEMA as public
entities in cost recovery. For personnel, equipment, contractors that may be used during the incident.
Individual assistance is the individual assistance that individual family members get, not what we get as it
comes through. So if you were to ask questions on that, that's how those pieces work. We also can get fire
suppression assistance. In 1997 you were able to receive assistance with the snow emergency declaration
and we also might receive Small Business Administration help for agricultural help through the federal
assistance. And again we'll look at the snow storm in '97. Specifically as we look at some emergency
powers and declarations. As to the Mayor, as the City of Chanhassen, local declarations are declared by
the Mayor and they last for a period of three days unless we rescind them. At the State they're declared by
the governor. They last for 30 days for a hostile action and 5 days for natural disaster or accidents. What
does that do when we do that? As the City of Chan, if we declare an emergency tonight, it lasts for 3 days.
It authorizes and activates our emergency operation plan. It authorizes aid and assistance that may be
needed from the state for other folks outside of here. Authorizes use of resources and specifically
authorizes special contract procedures which means we don't have to go out for bid on everything that we
may need as these incidents occur and come through. We've heard some of these and I'm just going to kind
of buzz through a few pieces of these. 12.25 which talks about Director of Responsibilities and says that
each political subdivision shall have a Director. Talks about our territorial limits which are, in our case,
the City of Chanhassen. Having that responsibility as well as the county of Carver. Local emergencies and
again that ability to declare that we just talked about and how those work and these are all referenced in
your book. This is a particular piece that we've had some question about that I just want to take a second
to highlight. Which talks, it's a special piece that was added to Chapter 12 of the State Statutes. 12.331
which talks about local assistance between political subdivisions. If the City of Chanhassen elects to send
people to St. Peter to assist, how does that work and who pays for what if something happens? If the City
of Chanhassen sends people to St. Peter to help and somebody gets injured down there, those injuries or
those workers compensation claims are still the responsibility of the City of Chanhassen. In the event that
City of Chanhassen people are down there working and let's use public works for example. They're
moving some stuff and they dig up some stuff and dump some product where they shouldn't and six years
later somebody comes back and sues the City of St. Peter. That responsibility, even though it was
Chanhassen and people of Chanhassen equipment that were doing that, that responsibility maintains and
stays with St. Peter. That's not Chanhassen's responsibility. So the workers compensation piece stays
with the entity. Any tort claims then are the responsibility of that sending entity or that receiving entity as
they go there. It also talks about reimbursement, and that we have the ability to recover those costs if
things go through. The piece with the reimbursement goes back to recovering our costs from FEMA in the
event that there is costs that are recoverable. And at that, I am done. Unless Greg, do you have anything
else that you'd like to add or Todd has anything else that he'd like to add.
City Council Meeting - April 12, 1999
Todd Gerhardt: Just that we do have another training session coming up here April 30th and both city staff
and Mark, Greg and Scott will probably be participating in that. Any council members that wish to
attend, go through some issues for you too.
Councilman Labatt: What time is that at on the 30th?
Greg Hayes: 9:00 in the morning. And we'll be doing a mock disaster. Scott's going to make something
up.
Mayor Mancino: Oh a mock disaster. Okay, we'll be ready.
Scott Gerber: Any other questions that you may have?
Mayor Mancino: I don't have any.
Councilwoman Jansen: No.
Scott Gerber: Thank you again for the opportunity.
Councilwoman Jansen: Thank you.
Mayor Mancino: Thank you for coming. Any questions from anyone here in attendance tonight for Mr.
Gerber? Questions on emergency management and what's going on in our city. Thank you Scott. The
next item on our agenda under visitor presentations was Bev Ricker regarding outside storage at Country
Clean and she is not able to make it tonight so I'm sure that will be on the agenda in the future on a City
Council agenda. Is there anyone else though here tonight that would like to make a visitor presentation to
the council? Anyone else who any has any comments or issues.
CONSIDER ALLOWING PARKING ON NORTH SIDE OF LAKE LUCY ROAD BETWEEN
MANCHESTER DRIVE AND HIGHOVER DRIVE-PROJECT 97-5.
Anita Benson: The issue of whether or not to allow parking along Lake Lucy Road, in the Woodridge
Heights subdivision was raised by local residents. Lake Lucy Road is an urban collector roadway and it is
36 feet wide, face of curb to face of curb which does allow parking along one side according to Municipal
State Aid Standards. Staff has previously met with council.., and outlined the issues and options for
allowing parking on the roadway. Due to the location of the residential homes near the roadway which was
done to avoid impacts to wetlands, it is reasonable that we allow parking along Lake Lucy Road. It's
staff's recommendation that parking be allowed along the north side of the roadway rather than the south
side as requested by the residents whose petition you do have this evening. The rationale behind that is due
to the geometrics of the roadway. That parked cars would not be able to be seen for westbound, or pardon
me, eastbound traffic as they come around the curve due to the proximity of the homes to the roadway and
the roadway geometrics. Also, having the parking on the north side of the roadway where there are less
driveways, does provide more parking area than if it were along the south side of the roadway. And
additionally any cars driving through the area will have a clear view of the front yards so if there are
children playing in the front yards, they'll be visible whereas if cars were parked right alongside the front
yards on the south side of the roadway, there may be children in-between those parked cars running for a
ball into the roadway that would be obscured by the parked cars. Therefore it's staff recommendation that
we allow parking along the north side of Lake Lucy Road between Manchester and Highover Drive.
City Council Meeting - April 12, 1999
Mayor Mancino: Okay, thank you very much. Any questions at this time from council members to staff
before we allow comment. Public comment.
Councilwoman Jansen: No questions.
Mayor Mancino: Okay, any questions?
Councilman Labatt: No.
Mayor Mancino: I do have just one or two. And that is, Anita I have traveled east to west and west to east
and it's kind of the same thing. Meaning that ifI go from east to west, I think people should be parked on
the north side. When I go from west to east, I think people should be parked on the south side so to me it's
half a dozen. You know I'm not sure which side has the best view because both of them have obstructed
views depending on which way you're traveling, east to west or west to east. I have noticed, just so you
know informationally, that in the last month with the development that was happening in the, I think it's
mostly the Brenden Pond area. That they have been parking on both sides and that is dangerous. But
they've been doing quite a bit of parking on both sides so if that could be passed on. Thank you. Anyone
here tonight wishing to address the council on this issue? Could you come, state your name and address
and any comments you'd like to give us.
Steven Kirkley: My name is Steven Kirkley. I'm one of the neighbors on the Lake Lucy area that's being
discussed. And I thank the Mayor Mancino and the councilmembers for allowing us to speak. I'd like to
first bring to attention that my goal here tonight is simply to discuss what the neighborhood has already
talked about. We do recognize that the staff has made the recommendation and actually.., said in the direct
opposite of what we would like to see. We did hold a neighborhood meeting prior to what was going to be
a work session that we were going to attend and we had neighbors that felt both ways. Some said the north
side. Some felt the south side parking would be best. However, by the end of the meeting it was
unanimous by all neighbors and after discussing issues that we felt the south side was the preferred side to
park on. We will or we went around and we actually did the petition which you all have copies of I believe.
Both on the parking and on the stripes that are on the road. Or concerning that and a stop sign as well. I
bring up the stripes on the road just because with parking allowed, that all of a sudden affects where people
think they should be driving and they would have to cross a line in order to park. Or to get around a parked
car. The whole intent of this originally with the stopping and misunderstanding between the neighborhood
and the city. There was some confusion as we were told by the builder that we could park on the road and
there was no specification when we bought our homes which side it would be on. However, there was a
sign that discussed winter parking and I brought that to the attention of the city simply to state, we realize
there's a sign that says no parking during certain times. It's our understanding we can park. Shortly
thereafter and a little bit humorous, I found both sides of our street to be posted with new no parking signs.
What made this even funnier was the fact that they forgot to take down the no parking, or the winter
parking rules. So there was confusion on whether or not there was parking or not parking and when such
parking could take place. I did contact the city. I had a great conversation with Mr. Gerhardt and Mayor
Nancy Mancino and that brought us to this evening. Some considerations that the neighbors took while
considering which side of the street to park on. One of them was, how much parking do we need? Do we
need to park on the north side where there is more volume allowed? That's partially because the driveways
but as well as mailboxes and we considered that. We don't feel we need a high volume parking at any time
and that's not an issue. Concerning the visibility. Seeing children or something run from the street. There
are a couple things that were of great discussion there. One of them being, we have berms in our front
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City Council Meeting - April 12, 1999
yards very close to the street. That was mandated by the city as well as the shrubs and the trees that are on
there. In a very short time those bushes and trees will be taller, thicker and that right there will greatly
inhibit the visibility of not only children running out but also backing out of the driveway. For that reason
we felt, and after talking to insurance companies who promote safe drivers. Insurance companies and
driving schools highly promote any time driving by a parked vehicle, be very cautious. Watch for a car
opening up. Kids running out between them. Anything. So drivers are being told to really watch parked
vehicles now. If traffic is pushed closer to our side of the street, the residents side because of parking on
the opposite side, their attention is going to be to the side of the street that the parked vehicles are on.
Hence, with the limited visibility that's going to be caused by rims and so forth, there's concern that they
are not going to be able to see things that might come out, be it a car or a child or a ball, a dog, something
like that onto the street. Again, because they're promoted to watch for parked vehicles, doors opening and
so forth. I think that is it. I'd be happy to answer any questions that maybe the council has.
Mayor Mancino: Thank you. I was trying to figure out why you all picked the south side of the street too
and listening to your rationale, I understand that.
Steven Kirkley: Oh, ifI could make one more statement. We were a little bit confused on the staff's
recommendations or the way it was promoted for this kind of discussion as to allow parking on the street.
What brought this very much to a head was a contract that is signed by the Mayor, the City Manager and
notarized for the Woodridge Heights 1st and 2nd Addition development contract that specifically says on
page SP-8, item KK, Lake Lucy shall be designed and constructed to meet State Aid horizontal and vertical
standards. No parking zones shall be designated along the north side of Lake Lucy Road. Hence my
interpretation, that means parking along the south side. And until we have documentation otherwise, I
think that is law. It's a contract notarized by the city.
Mayor Mancino: Well, it doesn't matter. There is a discrepancy between the conditions of approval of the
final plat and that and that's why we're here tonight. To clear it up. So let's just go forward with that. I
don't have any other questions. Councilmember Jansen, do you have a question for Steven?
Councilwoman Jansen: No questions, thank you.
Mayor Mancino: Okay, thank you. Anyone else tonight wishing to address the council on this? Anyone
else on Lake Lucy Road? Anita, did the residents from Brenden Pond who are also on Lake Lucy Road, I
don't think there are too many of them. I know there will be more. Did they also get a mailing to know
that this was going on tonight?
Anita Benson: Yes they did and I have not heard anything from them.
Mayor Mancino: Okay. Steven, did you by any chance include them, the neighbors in Brenden Pond in
reviewing this with you?
Steven Kirkley: We didn't.., and if any of the members did not get the opportunity, as Nancy did, to drive
the street, we do have pictures.., show the visibility.
Mayor Mancino: Okay, thank you. Thank you very much. Let's bring this back to council.
Councilwoman Jansen, do you have any?
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City Council Meeting - April 12, 1999
Councilwoman Jansen: I just have one, I have one question in regards to the striping. If we are going to
have parking on one side of the street, does it, do the stripes then need to be moved off center?
Anita Benson: Correct. They would be moved to allow an 8 foot parking lane and a 12 foot driving lane
on one side so it would be shifted.
Councilwoman Jansen: Okay. I think that was my only comment. I'm tending to be comfortable with the
neighbors' opinions in that they're going to be the ones living on this roadway and having their children,
you know the ones that we're worried about running out amongst the cars and knowing that they did get
together and they came to a conclusion and a consensus, I tend to go with what they're comfortable with
since it's their circumstance.
Mayor Mancino: Councilmember Labatt.
Councilman Labatt: At first I was kind of leaning towards allowing parking on the north but after
hearing...the neighbors want it on the south side. They want to have parking on the south side. That's
what they want. Obviously it appears as though we're all kind of leaning towards allowing parking on one
side of the road. The neighbors choose to have it on the south side in front of their homes.
Mayor Mancino: Okay. I guess I feel the same way. I mean I think that the rationale that was given was
good and as I said, I've gone both ways on it and I think there's some obstruction going east to west or
west to east so I would be comfortable with it on the south side. And the matter of the fact is Anita, if we
do have a problem or if something does come up, we can change it to the north side along the way if we do
find that there's a problem. So I feel very comfortable with it on the south side too. So may I please have
a motion and then secondly, after the motion, we pass the motion, we'll talk about, if you don't mind
councilmembers, the other two questions in their petition and what we want to go forward and do on that.
Councilwoman Jansen: Okay. I'll make a motion that we designate parking on the south side of Lake
Lucy Road between Manchester Drive and Highover Drive.
Councilman Labatt: I'll second it.
Resolution #99-29: Councilwoman Jansen moved, Councilman Labatt seconded that the City Council
approve that parking be allowed on the south side of Lake Lucy Road between Manchester Drive and
Highover Drive. All voted in favor and the motion carried.
Mayor Mancino: There were two other issues that the neighborhood brought up and that was the double
yellow lines and the four way stop at Manchester and Lake Lucy and I would just like to suggest. Is that a
30 mph roadway at this point?
Anita Benson: Correct.
Mayor Mancino: And there are speed limit signs up, correct? Okay. I think I know but anyway, I'd like
to just suggest that you do a study to see whether the traffic warrants a stop sign at this point. It is a
Municipal State Aid road so we do have to follow guidelines. And would you also please do a rationale,
give us rationale for the double yellow lines as far as staying or leaving. And then I have a third question.
Something to be brought up. If you would look at too. Living in the neighborhood, we have in that area a
tremendous amount of wildlife and one of the values that our city has is, preserving our wildlife and
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City Council Meeting - April 12, 1999
creating wildlife corridors. So I know that from the north side of Lake Lucy Road to the south side of Lake
Lucy Road, going from a forested area to a wetland, there's a herd of 35 deer. So I'm wondering if we
could look at, as a city, where we do have wildlife moving through our city streets, that we have signage to
make people aware that we do have wildlife going from one side to the other. And having some sort of
signage for it because I think it's a very big value for the city. We have people stopped in that area all the
time in their cars looking at the deer. So, if you could look at that and also get back to us. And it might be
a green sign or something, more environmentally in keeping than a street sign. So please come back with
your suggestions. Okay, thank you very much.
REQUEST TO INSTALL MEMORIAL TO KRISS MAHER.
Todd Gerhardt: Mayor, council members. Included in your packet is a report from Todd Hoffman
requesting city council action in establishing a policy for installing memorials in city parks. Staff is
looking for direction from the City Council to request that the Park and Rec Commission provide options
on establishing policies for such memorials in parks.
Mayor Mancino: Okay. Is the applicant here tonight? For the request. Would you like to address the
council? We did not get a, as a council, we did not get a drawing of the memorial or anything at this time.
Just so you know. Okay.
Gerry Maher: Did you also get a letter from me?
Mayor Mancino: I don't have one.
Gerry Maher: Now did each of you get a packet from Todd then regarding what was sent in the past or
what we were talking about other than the drawing?
Mayor Mancino: No. What we got from staff was staff comments and we did get the Minutes from the
Park and Rec meeting of March 23rd.
Gerry Maher: Nothing regarding the letter, the original letters I sent to Todd?
Mayor Mancino: We didn't get a copy of it.
Councilwoman Jansen: They weren't part of the packet, though they were part of the Parks and Rec
Commission information.
Gerry Maher: I have a copy of that. It's the last one I've got. I could also give that to you.
Mayor Mancino: Okay.
Gerry Maher: It kind of explains in detail... What normally happens in our neighborhood is we're the type
of neighborhood that has about 75 homes, of which probably 25 of them in the area have been either built,
contracted or modified by the residents. We've built garages, patios, decks and everything else. In the past
in our neighborhood when one of the relatives or somebody else passes away, normally we put up a tree or
a flag pole or something to that effect. Under the circumstances we have over a period of time done various
things, years ago we actually owned the Greenwood Shores Park which we deeded over to the city.
Originally I thought that under the circumstances with the talents in our neighborhood and the amount of
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City Council Meeting - April 12, 1999
money that was donated for this, whether it, in this case there was quite amount that I decided to give to the
American Cancer Society. With the money that was left over mostly from the neighborhood, and upon
talking to some people on the Park and Rec, Jan included and some other people, it was brought up that
there was a nice area between the two parks that could be improved upon. With the talents in our
neighborhood I thought it was a nice idea that we all get together and maybe do something to this effect.
The Park and Rec voted, I think it was 5 to 1 in favor of it. You've got an idea.., some people may have
thought it was going to be originally. Todd gave me a large pamphlet that had park benches, planters,
various other things as far as paver stones, etc. What I would like to do, or envision upon doing by that
drawing is basically taking some old style cobblestones, which would be very conducive to the area.
Making a small path that comes off of the paved path that's halfway between the two lakes that would
allow someone, this area by the way was also damaged a year or so ago because of the storms, etc and a lot
of large trees went down so it's a nice little clearing area. What I envision is making this little walk area
that's about 16 feet long that would come out to the lake. To an area where there would be two little
benches and the benches would only be about 18 inches high that would be made out of wall stones much
like you're doing along the park and rec trails right now for the walk paths. Unfortunately, the ones that
they're putting in along the park and rec tails are normally just an interlocking stone. They don't actually
cement those together. What we've done in the past is we actually cement them together so you don't have
to worry about destroying them. Again, it's only a little 18 inch high area. I intend to make the back of it
out of the plastic wood. Hard to carve on. Hard to destroy. Lasts a lot longer than any other type of
wood. You can also bend it to a certain degree. From our standpoint, from things we do in the
neighborhood from building garages to houses, this is a very modest area, or style to say the least. As you
can see by a couple of those pictures, that one that we did six years ago, all the cobblestones are concreted
in. They're not like the cobblestones you have in the city here where they're popping up and everything
else. These are actually concreted in-between them. It's going to be very maintenance free. And it was an
idea of doing something for the area much more than anything else. Do you have any questions that I could
answer?
Mayor Mancino: Any questions from council people. I think it's a wonderful idea. A memorial.
Councilwoman Jansen: I had actually pulled out the parks and rec commission information and to see the
tribute that you want to put, that you would like to put together and that you would make it so accessible to
the rest of the community is, it's, well I'm voicing my own personal opinion but I admire you for.
Gerry Maher: Well it's a neighborhood project much like everything else we do. It's the neighborhood
that wants to get together to do something for everybody.
Councilwoman Jansen: And with your thoughts of making it handicap accessible and you've really put a
lot of thought into making sure that it would be a community amenity as well as a memorial, which is
wonderful.
Mayor Mancino: Kriss, tell me about your timing. I mean I think that you know obviously one of the
things, there are two kind of questions here. One of the things that we'd like to do is obviously as a city,
have some sort of guidelines or policies for those who would like to have a memorial for a loved one, etc.
on public property. You know we do need to establish something there.
Gerry Maher: Well originally what I would have liked to have done, although I still think we can under the
circumstances. What I would have liked to have done from the very beginning is have it done by about the
15th of May. I see under the circumstances for the size and everything else, we believe that we can
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City Council Meeting - April 12, 1999
probably do it in two weekends without any difficulty. Or starting one weekend and finishing up by the
following weekend. We've got a gentleman in our neighborhood that has a truck that's going to be able to,
or several of them that has an asphalt company. A paving business that we'll be able to use to get
materials down there. Several of us have large trailers that we can use. Really the only thing we need is
the okay for it and be able to get through the gate at Lake Ann or Greenwood Shores Park to be able to get
down there with the materials. I'm not adverse to waiting. Under the circumstances I really don't see the
need for it but that's obviously entirely up to you.
Mayor Mancino: Okay, thank you.
Gerry Maher: Any other questions?
Mayor Mancino: Any other questions?
Councilwoman Jansen: No.
Mayor Mancino: Okay, thank you.
Councilwoman Jansen: Thank you.
Mayor Mancino: Anyone else wishing to address the city? Any commission members who have anything
else that they'd like to add? Okay, thank you. Discussion, Councilmember Labatt.
Councilman Labatt: Boy, I'm moved by the thought of the tribute here. For this property.., expense or
neighbors expense.., open it up to let residents in the area share their. Mr. Hoffman's comment, he
addresses the fact that we don't have a policy set in place here for addressing memorials of this type. I'm
not at all against Mr. Maher's proposal...
Mayor Mancino: Would you feel comfortable going ahead with this... ?
Councilwoman Jansen: If I could.
Councilman Labatt: Yeah.
Councilwoman Jansen: Add to the comments that you just made. I went through the same step of thought
as to okay, well it makes sense. We should have a policy. Then I came back to this and I thought we
never, in putting a policy together, would have envisioned something of this magnitude so again it probably
would have come before us to say would we accept this as a variance to our policy. And as I started
dealing with that thought, and realizing how this has been worked. Parks and Rec Commission sees it as a
good fit to the property or they wouldn't have approved it. If it was out of sync with what they have
envisioned as our park personality or whatever you want to call it. And that's where I started getting
comfortable it and thinking gee, you know this is a wonderful amenity into one of our parks. It's something
for our community, though it's being dedicated. It's a wonderful gift to the community as well as to that
neighborhood so I still think we need a policy.
Councilman Labatt: I agree with you too and I would also agree that ifa policy was in place...
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City Council Meeting - April 12, 1999
Mayor Mancino: Can I make a suggestion here? My suggestion would be, or my feelings would be that
one, the materials used, etc. and the way it's been, it's very simple and the use of quality materials and long
lasting materials, that we go ahead and say yes to this and then ask the Park and Rec Commission to give
us some guidelines. Some pretty general ones so that people who have the different interests in our parks,
whether it's ducks, whether it's fishing, whether whatever it is, that we make it pretty open and pretty
general for those who do want to give gifts. So can we have a motion number one, whether to go ahead
with this and number two, on I think we all decided that we do, we would like to send this back to the Park
and Rec Commission and have them establish some guidelines, make some recommendations to the City
Council on what those would be.
Councilwoman Jansen: Meaning that being for the actual policy, not to hold this project up? Okay.
Councilman Labatt: So I'll make a motion that we approve Mr. Maher's request for a memorial to his
wife Kriss and Park and Rec Commission, not hold up Mr. Maher's request but when they...
Mayor Mancino: Okay. And I think we can give them a little bit of time on that. Second?
Councilwoman Jansen: I'll second.
Councilman Labatt moved, Councilwoman Jansen seconded that the City Council approve Mr.
Maher's request to install a memorial to his wife, Kriss Maher as presented to the Council and direct
the Park and Recreation Commission to establish a policy and guidelines for future requests for
memorials to be placed in city property. All voted in favor and the motion carried.
Mayor Mancino: So hopefully it will be there by May 15th. Thank you.
Councilwoman Jansen: Thank you.
Gerry Maher: Thank you.
Mayor Mancino: Call us if you need any help.
REQUEST TO REPLAT OUTLOT D CHANHASSEN LAKES BUSINESS PARK (51.60 ACRES)
INTO 10 LOTS; A WETLAND ALTERATION PERMIT; A RESOLUTION ADOPTING A
NEGATIVE DECLARATION OF FINDINGS OF FACT REGARDING DECISION ON THE
NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT; AND AN ENVIRONMENTAL
ASSESSMENT WORKSHEET (EAW) FINDINGS; LOCATED EAST OF AUDUBON ROAD,
EAST OF CO. RD. 17, SOUTH OF THE CHICAGO, MILWAUKEE, ST. PAUL, PACIFIC
RAILROAD TRACKS ON LAKE DRIVE WEST, CHANHASSEN LAKES BUSINESS PARK 7TM
ADDITION, EDEN TRACE CORPORATION.
Sharmin A1-Jaff: ... the second is a wetland alteration permit and the third is a decision on the
Environmental Impact Statement. The site is zoned industrial office park. It is located east of Audubon
Road, west of Powers Boulevard and south of the Twin Cities and Western Railroad. Access to the
subdivision will be provided via an extension of Lake Drive West which will connect the subject site with
Audubon Road and Powers Boulevard to the east. The subdivision request is fairly straight forward. All
the proposed lots meet the minimum requirements of the ordinance as far as area, width and depth
requirements. There is a wetland complex on the site classified as ag urban. It occupies the westerly
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City Council Meeting - April 12, 1999
portion of the site. The applicant is requesting a wetland alteration permit to fill 1.23 acres, provide 1.62
acres of mitigated wetland and 1.89 public value credits. Just a brief clarification of public value credits.
It includes storm water ponds, buffer zones and restoration of existing wetlands. This site has a canopy of
2.5 acres, excluding the wetland area. Most of the tree coverage will be lost due to grading. The
replacement planting plan, including locations, species, size of placement, must be submitted to the city.
Boulevard planting for the development will be required at a rate of 1 tree per 30 feet. Also in reviewing
this application, staff required the applicant to submit an environmental assessment worksheet. An EAW is
mandated if a development exceeds 300,000 square feet of building area, which is the case here. After
reviewing the EAW and based upon comments we received from referral agencies, we don't believe that
there appears to be any concerns and staff recommends that the City Council approve a resolution
declaring no need for an Environmental Impact Statement for the site. We're also recommending approval
of the subdivision and wetland alteration permit with conditions outlined in the staff report. Thank you.
Mayor Mancino: Thank you very much. So this is a straight subdivision and we will see site plans as they
come in piece by piece.
Sharmin A1-Jaff: Correct.
Mayor Mancino: Okay. Great, thank you very much. Any questions for staff from council members at
this time? Okay. Is the applicant here and would you like to address the City Council please?
Mark Undestad: My name is Mark Undestad with Eden Trace. I live at 8800 Sunset Trail in Chanhassen.
I made the comment at the planning committee and I want the council and mayor to know that working with
staff for the past 8 months, this has been fine tune and developed in here. I think we have a nice project
coming in here. I think we've covered all the concerns on there. One thing I would like to mention as far
as bringing in the plans. There are concerns over how much involvement we'll have directly with these
projects. Initially we'll be bringing in next, it will be submitted I guess Friday. So those will be coming in.
Mayor Mancino: Oh, okay.
Mark Undestad: And we'll be setting this up for some time mid-summer which this is actually going to be
converted to one building rather than two. The balance of the interior here we're probably going to hold
until spring. Bring projects in through, again through Eden Trace and our development projects. And I
think they'll follow suit with prior projects in Chanhassen.
Mayor Mancino: Any questions?
Councilwoman Jansen: Not for me.
Mayor Mancino: Mark, one that I have. Under grading on page 6 it just says that staff assumes the site
grading will be done with the initial phase due to the volume of earth work involved. Is that right? Is that
correct?
Mark Undestad: Yeah. The reason why we set that in there, on this end of the street there's some deep
cuts and on these lots up here we need to fill so we're going to mass grade the site as we do the streets on
there.
Mayor Mancino: Okay, are you going to be able to balance? You're going to be able to balance it?
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City Council Meeting - April 12, 1999
Mark Undestad: It will be a little strong in the black dirt side but I think we have that taken care of too.
Mayor Mancino: Good. I was surprised to see the amount of traffic that it will generate another stop light.
Was that surprising to you?
Mark Undestad: Not really. I mean I live just south of this park there and I kind of see where the traffic
sneaks through Park Road and through some of the Joe Miller stuff so they're finding ways around there
now that I think that bringing this through here and bringing a street through there is.
Mayor Mancino: Thank you very much. Is there anyone here tonight wishing to address the council on
this? Talk now or forever hold your peace. Okay, seeing none. Bringing this back to council. Any
questions? Any comments? Councilmember Jansen?
Councilwoman Jansen: I had actually addressed a couple of mine earlier to Philip, our Water Resource
Coordinator because they were involving the wetland complexes and I guess to just maybe reiterate the
questions that I asked. One of them was in regards to the buffer strip being mentioned to the wetland.
Noting that it's, it can range from 0 to 20 feet with an average of the 10 feet. The way that things are
configured within the plans currently, it's not as if we're going down to a 0 buffer within this particular
plan. But that's apparently quoting per ordinance what the requirement is, the 0 to 20. It's not necessarily
specific to this plat since it is preliminary. So I guess I'm wanting to emphasize that maybe as we go
forward and we get further into the development on this site, if we are being sensitive to the buffers, to the
wetlands that we are leaving on the property and make sure that we are allowing not a 0 but keeping it to
the 10 feet or whatever we can.
Mayor Mancino: The average.
Councilwoman Jansen: Yes.
Mayor Mancino: Okay, good.
Councilwoman Jansen: Versus heading for that 0.
Mayor Mancino: Okay.
Councilwoman Jansen: And then the staff had recommended a couple of the ponds actually being shifted.
The one next to Building 10 1 guess it is currently is being located over into the parkland, the city parkland
and I had discussed taking that point, I think it's point 14, and rewording it. It's actually point 17 on page
23. The later part of that statement says if the developer desires to leave the pond as proposed, they shall
be responsible for the cost of relocating sanitary sewer line and pay the city for the use of the parkland.
The DNR is real specific about this being part of the floodplain so it seems if we could eliminate that last
sentence so that the pond is being shifted over into Lot 10.
Mayor Mancino: It sounds like it, that's a great idea. It sounds like it will just because they're going to be
doing one building here anyway from what Mark just said.
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City Council Meeting - April 12, 1999
Councilwoman Jansen: Yeah. Okay. Looks great. And then the other pond I gathered it was proposed by
staff that that be shifted again off of park property and drain over into the other pond and that that was
acceptable. That was the other part of my question. I think that covered mine.
Mayor Mancino: Any comments or discussion Councilmember Labatt?
Councilman Labatt: No. I mean.., other developments and...
Mayor Mancino: I really don't have any questions either so I'll go ahead and make a motion. That is I will
make the motion that the City Council approve a resolution declaring no need for Environmental Impact
Statement for the Chanhassen Lakes Business Park 7th Addition project, Subdivision 99-1 to replat Outlot
D into 10 lots, Chanhassen Lakes Business Park 7th Addition and Wetland Alteration Permit to fill 1.23
acres, provide 1.62 acres of in kind mitigation and 1.89 public value credits as shown on the plans dated
received January 26, 1999 subject to the following conditions. And the following conditions read 1
through 16 as is. On condition number 17, the last sentence, if the developer desires to leave the pond as
proposed, they shall be responsible for the cost of relocating the sanitary sewer line and pay the city for the
use of the parkland. That that line be deleted. 18 through 30 reads as in the staff report. Second please.
Councilwoman Jansen: Second.
Resolution #99-30: Mayor Mancino moved, Councilwoman Jansen seconded that the City Council
approve a resolution declaring no need for Environmental Impact Statement for the Chanhassen
Lakes Business Park '7th Addition project, Subdivision 99-1 to replat Outlot D into 10 lots,
Chanhassen Lakes Business Park '7th Addition and Wetland Alteration Permit to fill 1.23 acres,
provide 1.62 acres of in kind mitigation and 1.89 public value credits as shown on the plans dated
received January 26, 1999 subject to the following conditions:
The applicant shall submit landscape plan for city approval. The plan shall list location, species
and size of materials.
Applicant will be required to provide 200 trees as reforestation plantings. Trees are to be from the
city's Approved Tree List. Planting sites can include boulevards and wetland landscaping.
Full park and trail dedication fees shall be paid for Chanhassen Lakes Business Park 7th Addition
in accordance with ordinance requirements.
One ground low profile business sign is permitted per lot. The area of the sign may not exceed 80
square feet and a height of 8 feet. Also, one wall mounted sign per business shall be permitted per
street frontage. The total display area shall not exceed 15% of the total area of the building wall
upon which the signs are mounted. No sign may exceed 90 square feet. All signage must meet the
following criteria:
All businesses shall share one monument sign per lot. Monument signage shall be subject
to the monument standards in the sign ordinance.
b. Wall signs are permitted on no more that 2 street frontages.-
c. All signs require a separate permit.
19
City Council Meeting - April 12, 1999
The signage will have consistency throughout the development and add an architectural
accent to the building.
e. Consistency in signage shall relate to color, size, materials, and heights.
No illuminated signs within the development may be viewed from the residential section
south of the site.
g. Back-lit individual letter signs are permitted.
h. Only the name and logo of the business occupying the unit will be permitted on the sign.
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 building permit.
The applicant shall meet with the Building Department to discuss commercial building permit
requirements.
Fire Marshal conditions:
a)
The proposed hydrant locations as shown on the utility plan for the Chanhassen Lakes
Business Park 7th Addition have been reviewed. The proposed number and locations indicated
appear acceptable at this time. However, as specific site plans are submitted showing the
exact building footprint and parking, hydrant locations may need modification. Be advised at
this time I am not approving number and locations of fire hydrants.
b) ~No Parking" fire lane signs and yellow curbing will be addressed at the site plan review
process.
c) (Post Indicator Valve) locations will be determined at site plan review process.
d) Submit name for %treet A" to Fire Marshal for review and approval.
The applicant will be assessed a SWMP water quality charge of $4,633/acre for office industrial
developments. The fee will be waived if the applicant provides water quality treatment according to the
city's SWMP standards. The stormwater quality pond shall be designed to retain 60% to 75%
phosphorus according to the Walker Pondnet model. In addition, the project will be assessed a water
quantity charge of $4,360 per developable acre. The total gross area of the property is 51.6 acres.
Therefore, the proposed development would then be responsible for a water quantity connection charge
of $224,976. The actual fee will be determined upon submittal of the final plat. This fee will be due
payable to the city at time of final plat recording.
The wetlands shall be protected by a buffer strip. The width of the buffer strip shall be 0'-20' with
an average of 10 feet. All buildings shall maintain a 40 foot setback from the outside edge of the
buffer strip. Wetland buffer areas shall be surveyed and staked in accordance with the city
ordinance.
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City Council Meeting - April 12, 1999
10.
11.
12.
13.
14.
15.
16.
The developer shall supply the city with a detailed haul route for review and approval by staff for
materials imported to or exported from the site. If the material is proposed to be hauled off-site to
another location in Chanhassen, that property owner will be required to obtain an earthwork permit
from the city.
The applicant will need to develop a temporary sediment and erosion control plan in accordance
with the City's Best Management Practice Handbook. The plan shall be submitted to the city for
review and formal approval in conjunction with final plat submittal.
All areas disturbed as a result of construction activities shall be immediately restored with seed and
disc-mulched or wood fiber blanket or sod within two weeks of completion of each activity in
accordance with the City's Best Management Practice Handbook.
All utility and street improvements shall be constructed in accordance with the latest edition of the
city's Standard Specifications and Detail Plates. ;;A" street shall be constructed in accordance
with the city's urban industrial street section. Detailed street and utility plans and specifications
shall be submitted for staff review and City Council approval. All private streets/driveways shall
be constructed to support a minimum of 7-ton per axle design weight in accordance with the City
Code 20-1118 ;;design of parking stalls and drive aisles.
All driveway access points shall incorporate the City's Industrial Driveway Apron Detail Plate No.
5207.
The applicant shall provide detailed storm sewer calculations for 1 O-year and 100-year storm
events and provide ponding calculations for stormwater quality/quantity ponds in accordance with
the City's Surface Water Management Plan for the City Engineer to review and approve. The
applicant shall provide detailed pre-developed and post-developed stormwater calculations for 100-
year storm events and normal water level and high water level calculations in existing basins,
created basin, and/or creeks. Individual storm sewer calculations between each catch basin
segment will also be required to determine if sufficient catch basins are being utilized. In addition,
water quality ponding design calculations shall be based on Walker's Pondnet model.
The applicant shall enter into a development contract with the city and provide the necessary
financial security to guarantee compliance with the terms of the development contract.
The applicant shall apply for and obtain permits from the appropriate regulatory agencies, i.e.
Carver County, Watershed District, Metropolitan Waste Control Commission, Metropolitan
Council Environmental Services, Health Department, Minnesota Pollution control Agency,
Minnesota Department of Natural Resources, Army Corps of Engineers and Minnesota
Department of Transportation and comply with their conditions of approval.
17.
The stormwater pond proposed ';by others" on the city's parkland located south of Lake Drive
West shall be eliminated and the stormwater rerouted into the proposed stormwater pond north of
Lot 3. The storm pond proposed east of lot 10 shall be redesigned off the city's parkland and
sanitary sewer line.
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City Council Meeting - April 12, 1999
18.
The developer shall be responsible for acquiring temporary construction easements for construction
activities outside the plat.
19.
No berming shall be permitted within the city's right of way. Landscaping maybe permitted
subject to staff review and approval.
20.
Street and utility improvements located within "A" Street upon completion will become city
maintained and owned. Individual sewer and water services through each lot shall be privately
owned and maintained. Building permits will be required from the city's Building Department for
the private utility portion of the project. Drainage and utility easements shall be dedicated over the
public utility lines located outside of the right-of-way on the final plat. Depending on the depth of
the utilities, the minimum drainage and utility easement width shall be 20 feet wide. Consideration
for access routes shall also be incorporated in the easement width.
21.
The developer shall escrow with the city a financial guarantee for a share of the local cost
participation based on traffic generated from the site for a future traffic signal at the intersection of
Lake Drive West and Powers Boulevard. The cost of the traffic signal is not known at this time.
Preliminary estimates between the city and county should be used for an security escrow.
22.
The developer shall dedicate a 60 foot wide right of way for street A, 80 foot wide right of way for
Lake Drive West and a 50 foot wide right of way for Audubon Road on the final plat.
23.
Driveway access points to lots 7 & 8, block 1 shall be limited to the interior street system (A
street) and not Lake Drive West. Access to lots 1,2,3 and lots 9 and 10 shall be review by the city
on an individual basis as site plans are submitted.
24.
A cross access agreement over lots 2 and 3, block 1 for ingress and egress purposes to the parcel of
land north of lots 1 and 2, block 1 shall be prepared and recorded by the developer at time of final
plat recording.
25.
Preliminary and final plat approval should be contingent upon the City Council ordering and
awarding Public Improvement Project No. 98-16 (Lake Drive West) to service this development.
Without the extension of Lake Drive West and the associated utilities, this development should be
considered premature.
26.
Type III erosion control fence will be required adjacent to the wetland areas. Stormwater ponds
and/or temporary detention ponds shall be constructed with the initial grading phases to minimum
erosion potential to the wetlands or downstream water bodies. Erosion control blanket will be
required on slopes greater than 3:1. Revegetation of exposed slopes should occur immediately
after grading is completed in accordance with the City's Best Management Practice Handbook.
27.
The lowest floor or opening elevation of all buildings should be a minimum of two feet above the
100-year high water level.
28.
Stormwater ponds must have side slopes of 10:1 for the first ten feet at the normal water level and
no more than 3:1 thereafter or 4:1 throughout for safety purposes.
22
City Council Meeting - April 12, 1999
29. The applicant shall report to the City Engineer the location of any drain tiles found during
construction and shall relocate or abandon the drain tile as directed by the City Engineer."
30. A sidewalk shall be extended along A Street."
All voted in favor and the motion carried.
REQUEST FOR REZONING OF 6.39 ACRES FROM A-2~ AGRICULTURAL ESTATE TO RSF~
RESIDENTIAL SINGLE FAMILY; PRELIMINARY PLAT AND CONCEPT AND
PRELIMINARY PUD APPROVAL OF 6.39 ACRES INTO 8 SINGLE FAMILY LOTS AND 2
OUTLOTS; A CONDITIONAL USE PERMIT TO PERMIT DEVELOPMENT IN THE BLUFF
CREEK OVERLAY DISTRICT; AND VACATION OF A PORTION OF DRAINAGE AND
UTILITY EASEMENT. THE PROPERTY IS LOCATED EAST OF GALPIN BOULEVARD
AND NORTH OF STONE CREEK SUBDIVISION~ LYNMORE SUBDIVISION~ DAVE
MOORE.
Bob Generous: Thank you Madam Mayor and Councilmembers. I do have another clarification. The
rezoning's to PUD-R. Planned Unit Development Residential.
Mayor Mancino: PUD-R, thank you.
Bob Generous: We sent the notice out with PUD-R but it didn't get caught when we made the agenda.
Mayor Mancino: Oh okay, so it just doesn't stay PUD?
Bob Generous: Right.
Mayor Mancino: Thank you.
Bob Generous: At one time this did come in as a straight single family subdivision, but we've worked with
the developer and we think we've come up with a plan that's more environmentally sensitive. The proposed
development preserves approximately 40% of the site within the Bluff Creek corridor as permanent open
space and they've clustered all the development on the westerly portion of the site. Because of this
enhanced environmental protection, we've allowed them to have additional flexibility in the site layout and
the lot frontages on the public street. We've also allowed them to have, we're recommending a smaller
front setback, a 25 foot front setback instead of the standard 30 foot front setback just to make the site a
little easier for them to develop. It's a general concept and preliminary PUD. These are the first two
phases you have to go through for a planned unit development. And a preliminary plat for 8 lots and 2
outlots. Outlot A is the property adjacent to Galpin Boulevard and this lot is not large enough to create a
standard size lot for development so... property to the north. However, part of our review is concern to
provide access to the property to the north so we're requesting that the developer provide an access
easement over this parcel and they're showing that on the preliminary plan. Currently, the westerly portion
of this site is part of Lot 9, Block 1, Stone Creek 6th Addition so we're vacating the existing easements that
are within, that were granted as part of that plat so that we'll get new easements around the proposed lots
within this development. And finally we're looking at a conditional use permit. This is the first
development that's come in... Bluff Creek overlay district and as a part of our review of the development in
that, they had to grant a conditional use permit to provide any conditions that we believe are reasonable to
enhance that district. In this instance the one condition we could come up with is that they preserve the
23
City Council Meeting - April 12, 1999
primary zone which is what we've been trying to do throughout the Bluff Creek overlay district. The
Planning Commission recommended unanimously the approval of this concept and preliminary PUD and
preliminary plat, as well as the conditional use permit. Their only concerns were that we come up with one
of the issues was reimbursement of the extension of the utilities and as part of the update, Dave went
through a long narrative to discuss that we have done this in the past and so it may be appropriate but we'd
leave that up to Council to make that final determination. Tree preservation. We're requiring a 30 foot
setback on the south property line. This pushes the grading limits away from the property line for this
project and so we'll be able to preserve the trees that abut the Stone Creek development through that
process rather than providing any tree protection easement or other controls. On the north side of the
property, Mr. Schmidt was concerned that the trees be preserved. In discussions with the applicant, they
are suggesting that they provide a tree preservation easement along the north property line so that those
trees in fact would be preserved and we would go along with that.
Mayor Mancino: Is that a condition right now?
Bob Generous: No. Well it's 36 and it says that staff will work out, actually it's number 35. The best
way to preserve the trees around the project boundaries and that could be to add the tree preservation
easement. We believe we've resolved it on the south side but you could have that on both sides of the
parcel, of the project and make it work. Mr. Palmer who lives in the house, the existing house on the
project, requested, would like to have a different setback than the 25 feet. He brought a plan to the
Planning Commission last Wednesday showing a proposed porch on the front of his property and based on
the design of that. We're recommending 20 feet rather than the 17 that he would, needed to do the plan that
he had. We would recommend that condition 8 be amended to add at the end, and Lot 6, Block 1 may have
a 20 foot front yard setback for a porch addition.
Mayor Mancino: The rest are 20 feet?
Bob Generous: The rest would be 25. Would remain the same. It was for the porch addition...we know
that he could do that but it wouldn't be beyond the scope of what he presented at the Planning Commission.
Mayor Mancino: But those, just so we have it. Lot 6, Block 1 may have a 20 foot front yard setback for
the front porch addition as described in drawings of, do you have a date for those drawings? Planning
Commission on.
Bob Generous: Or presented to the Planning Commission on April 7th.
Mayor Mancino: Okay, April 7th. Okay.
Bob Generous: With that staff is recommending approval of the proposed development subject to the
conditions of our staff report. It's three motions and I'd be happy to answer any questions you may have.
Mayor Mancino: Okay, thank you. Any other questions from councilmembers to staff at this point? Is
there a condition about the reimbursement so far in these? I don't remember reading one.
Bob Generous: ...that says that staff will address that. You could direct us and as part of the final plat we
need to work out the exact language.
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City Council Meeting - April 12, 1999
Mayor Mancino: Okay. As far as the final plat that comes back, okay. Great. Thank you very much. Is
the applicant here and would you like to address city council please.
Steve Sletner: I'm a little taller than the last person. My name is Steve Sletner and I'm with Tech Design.
We're the engineers for the applicant. For Lynmore Subdivision. I just want to take just a couple seconds
and first say we concur with a lot of things. I did bring along an updated plat, and I just wanted to show
our commitment to what was brought up at Planning Commission. The notes right here and right there
show t0 tree easements. Preservation easements. We've already shown them on. Actually if you look,
there's not much land left. Everything's pretty much an easement on the plat. But we do have the setbacks
that are required so I just wanted to show that. There was the Schmidts came and at the last meeting
there's a significant tree line of very large trees right in that area. They're actually right on the property
line. But so just to clear things up we still wanted to put the t0 feet easement, even though the trees are
probably on their property. Just for a comfort zone we want to make sure that that was there. Secondly in
the staff report also there was concerns over an old out building out there. An older garage that's on site.
We understand that there's been permits as far as to move that on site and utilize it for an attached garage.
What we're looking at is that as staff recommends, as well as the covenants will say is that there are no
detached auxiliary buildings anywhere on the site. The largest things is all the lot changes have on the new
plat that I show here have been changed per staff conditions.
Mayor Mancino: So you've got that one lot up to t t,000?
Steve Sletner: That is correct. The one lot's up 11. The front yard setback, or width at the setback line
that was incorrect is now correct. What we've done is right here is Outlot B. That's the one that possibly
could be turned into a lot later. There's joint ownership essentially there. We have put all of the excess
land into Outlot B so there is a width of over tOO, I believe about t t0 feet there that could be utilized if the
two property owners ever get together in the future.
Mayor Mancino: Even with a 30 foot street easement?
Steve Sletner: That's correct. Actually with the street, with the driveway easement it's more like 80 feet.
Okay?
Mayor Mancino: Okay.
Steve Sletner: But since it's an easement I guess when I look at the word easement I don't really, the front
yard usually includes the easement area. The other thing is that we just want to state that we are okay with
the Palmer's plan as presented at the Planning Commission and their variance is acceptable to us. It is with
regard though their architectural review still much go through the developer on this. And then as far as
park credits on the back, there were credits that were talked about in there of $8,400.00. The developer's
still not sure about dedication on that. The issue is theirs is that whether or not they're going to keep it or
dedicate it. They would like to see if there would be, since there is a significant portion of land there, if
there were additional credits that could be allotted, i.e. water and sewer type trunk charges or something
like that. So that's another issue that they would be looking for. We did speak briefly with Mr. Hempel
and he was showing some allocations as far as bringing the utilities across the street and I believe we think
those are fair. So with that I think we've resolved most of the staff issues.
Mayor Mancino: Thank you very much. Any questions from council members for Steve at this point?
25
City Council Meeting - April 12, 1999
Councilwoman Jansen: No.
Mayor Mancino: Okay, thank you. Is there anyone here tonight wishing to address the City Council on
this plat? I'd like to have you come up and see if you're comfortable with everything Mr. Schmidt. Just go
over anything with you.
Roger Schmidt: Well... public hearing. It isn't is it?
Mayor Mancino: No, but I've opened it up so you can certainly speak. If you could say your name and
address.
Roger Schmidt: Okay. My name is Roger Schmidt. I have the property just to the north of this
development. The Lynmore development. And I think I've addressed most of my questions to the Planning
Commission at the time, about a month ago. And I believe they've been pretty answered and taken care of
with the, the tree easement was one of them and I'm still little bit uneasy about drainage over into my
property but I've been assured by staff that that isn't going to be a problem but the way I look at the lay of
the land I think once that Lot 6 and 7 1 believe they are, as they develop and that could be, there could be
some drainage in there that I'm anticipating and are skeptical that I might have to deal with.
Mayor Mancino: And you've talked to Mr. Hempel on this I'm assuming.
Roger Schmidt: No, I didn't talk to Mr. Hempel. I think Bob was, I believe mentioned it in the last
Planning Commission meeting that this, that the drainage should be taken care of. But I'm not 100% sure
of that. I think I mentioned trees along Galpin Boulevard, on the front of this property too and I just would
be a little curious about how many of those, what the situation is with those trees there because some of
them, if they aren't developing Outlot B I believe it is, there are some deciduous and evergreen trees along
there and I was just wondering if most of those are going to be coming out or not as far as that development
goes. Because they offer some screening at this point too. If the needed to be moved I don't know, or
taken out.
Mayor Mancino: We'll try and answer those two questions for you.
Roger Schmidt: Otherwise I think I'm pretty well.
Mayor Mancino: Okay. Do you understand, obviously you haven't platted your property but on the north
side that abuts your property there are some trees there and there will be, as they said they'd be okay with a
10 foot preservation easement to keep those, to make sure that the trees stay there.
Roger Schmidt: I haven't looked at the 10 foot part of it but I think that sounds reasonable. I mean I'd go
back and take a look at that and see.
Mayor Mancino: And probably when you go to develop your property, those people who live in those new
homes will want to make sure you keep your trees too.
Roger Schmidt: Yeah, that's reasonable. I mean it should be good for both, yeah. And incidentally I am
trying to get some kind of preliminary plat on mine. I mean not that I'm, you know expecting I'm going to
develop right away but I just want to get an idea of what's going on. You know what can be done on mine
too. That might have an affect on, oh! I guess maybe I should mention that from what I've heard in
26
City Council Meeting - April 12, 1999
Planning Commission and so forth, that this road that they plan on putting into, for accessing my property.
I believe the, if I understand correctly, that only four homes or lots can be developed off of that road.
Mayor Mancino: It will be a private, a smaller street and at this point in our ordinance it only allowed for
four homes to access that private drive.
Roger Schmidt: Now the preliminary guessing of the fellow that's looking at my property and to plat it out
things that that would be a little light. You know that there would be more than that. Now I don't know
how it's going to come out but that's what his decision was so I assume that there, if there are more, that
there could be some kind of a variance granted afterwards or something like this. Is that, all I want to do is
get it on record that there could be more.
Mayor Mancino: Okay. There certainly can always be request for a variance and we have granted those
before. Kate, would you like to respond to that at all.
Kate Aanenson: Sure. We looked at that property pretty carefully. It's steep. It has wetlands. We
believe...
Roger Schmidt: Okay. Well he was out there and walked it and he said he thinks that, that's just off the
top of his head.
Kate Aanenson: We actually, Dave and I sat down with the topo maps and wetland maps and laid it out...
Is there the possibility he can get one more on there? Maybe. Then I think we'd look, I think five would be
pretty...
Mayor Mancino: Okay. They looked at that pretty well before because obviously they didn't want to limit
what your development could be on your property either. The drive.
Roger Schmidt: I understand that but like I say, I don't know how it's going to come out but it could, there
could be.
Mayor Mancino: It's good that you brought that up for public record. Appreciate it.
Roger Schmidt: I think that's all I have to say.
Mayor Mancino: Why don't you stay right there and why don't we address the two questions you have.
Number one, Anita or Dave if you could address the drainage and especially in those lots 7 and 8 that abut
Mr. Schmidt's property.
Dave Hempel: Certainly Madam Mayor. It might be easiest just to look at the grading plan here. For
orientation. Galpin Boulevard is here. Mr. Schmidt's property is north. Currently the grades up there,
predevelopment drains in this fashion to the north and to the east. Part of Mr. Schmidt's property. The
development of the property and constructing the roadway and grading the lots.., currently runoff and take
it down.., storm sewer system and carry that... The remaining drainage area that will continue into Mr.
Schmidt's property will be in the back yards of Lot 7 and 8 and also a portion of Lot 6. Basically the front
yard.
27
City Council Meeting - April 12, 1999
Roger Schmidt: Yeah, and again my concern isn't so much around Lot 6 because that's been there and
we've gone through that but I have a, you know my drive comes in just north of Lots 7 and 8 and you know
that's still a dirt drive and so if there's a lot of wash, you know. If water draining off the back yards of
these lots, then that goes directly onto driveway and then it goes downhill and there could be quite a bit of
wash. That's my concern about drainage at this point.
Mayor Mancino: And there won't be any.
Dave Hempel: The drainage there will be significantly reduced.
Mayor Mancino: Then what it is right now. You will have less drainage onto your property than you have
right now.
Roger Schmidt: Yes. I understand. I don't think I'm getting a whole lot of drainage from, you know this
is all sodded and so forth and it will continue to be sodded. I don't think I'm getting much drainage from
the southern part of that property at this point anyway. I mean but see right now there's a ditch that runs
along the north side of the property and what drainage there is is draining into that ditch and running
towards Galpin Boulevard and there's a manhole or a collection basin you know at the end of the drive. But
I'm thinking if that ditch weren't there, then that drainage would continue to drain, come over and the next
place it would stop would be on my driveway. So if that ditch disappears you know in the grading of that
property, then that's my concern. I don't get it now because of the ditch. I mean it does take it and carry it
away.
Mayor Mancino: Okay.
Dave Hempel: We'll certainly keep that in consideration with the new homes constructed there to make
sure the drainage swale and maintaining those back yards to predevelopment runoff.
Mayor Mancino: Okay, good. There you go on that. The second question you asked had to do with the
trees. I think the trees that are on Galpin or that.
Roger Schmidt: On the west side of the property, yes. I believe they're essentially sitting on the Outlot B,
is that correct? You know that's where most of those trees are at this point.
Mayor Mancino: Well that's not going to be developed at this time.
Bob Generous: Except, Madam Mayor. The sanitary sewer comes in that western 30 feet of Outlot B.
Mayor Mancino: So some of those trees will come down.
Bob Generous: Correct.
Mayor Mancino: Okay.
Kate Aanenson: And it's a deep trench.
Mayor Mancino: Yes, we know how wide and deep, how wide that trench is. So Mr. Schmidt, some of
those trees will come out.
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City Council Meeting - April 12, 1999
Roger Schmidt: Okay. Okay well.
Mayor Mancino: Sanitary sewer, it's a balancing act.
Roger Schmidt: It's advantage to anybody that's going to be building in that area too to have those trees
there so, that can saved, you know it'd be nice to save as many as you can.
Mayor Mancino: Okay. Thank you. Steve if you want to come up.
Steve Sletner: Thank you. I just, also with regard to those trees. Not only is the sanitary going to be there
but that would be the future access to the Schmidt property where those trees are. Therefore for Mr.
Schmidt to gain access in the future, those trees are going to have to...
Mayor Mancino: Have to come out, okay.
Steve Sletner: We're trying to put the sanitary line where the driveway will go so that we minimize the
impact by putting both in the same 30 feet.
Mayor Mancino: Okay, thank you.
Steve Sletner: So that's just a clarification, that will be the access point as well.
Mayor Mancino: Okay. So you don't have any false expectations. Those trees will not stay. They will go
from one sanitary sewer and number two, the access to your property. Okay.
Roger Schmidt: It won't affect trees on my property?
Mayor Mancino: No. Okay, yes. Any other questions?
Paul Palmer: Good evening. My name is Paul Palmer and I'm the resident of the existing home out there
at 8341 Galpin. I just walked in to voice my opinion that we're excited about this development coming in.
Even though we lose all of our beautiful land and trees and peacefulness around us. We are still excited
about this. One of the things that we did bring before Planning was the setback and we appreciate the
ability to upgrade the homes so that a porch could be added to hopefully blend this home into the 90's style
homes that we expect to be around it so we think that will be a good addition to the property. With regard
to drainage, the question has come up as to drainage from our existing home and whether or not the cul-de-
sac would need to be lowered to drain the front of the yard into the cul-de-sac. And if that is the case,
without a doubt that cul-de-sac will have to be lowered significantly. We believe that it does not need to be
lowered to the point where the front yard would drain. That it could be up higher as long as the right curb
is placed on it. But then that does place the requirement of our drainage in our front yard has to go
someplace. Currently it moves to the north and goes toward the Schmidt property and comes out to the
driveway.., runs down the ditch that was just mentioned on the south side of our driveway. Our plan is to
add a small driveway to access around to the back of our property where we're moving the existing, the
garages that are there and attaching them to the back of our house and so the plan is to direct a lot of that
water down that driveway where we will have kind of a small swale to direct water to the back which is to
the ravine and to the holding pond in the back. So I think we can channel our water, and I would imagine
that we'll get a little bit of water from Lot 5 also coming off of that because again I would imagine that
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City Council Meeting - April 12, 1999
they'll sit down a little bit below the grade of the cul-de-sac also. Our only concern is that we'll need a
culvert of course to be able to do that. To get the water underneath our driveway so those are some issues
that we need to keep in mind as we move forward with the final location of the cul-de-sac. That location of
the cul-de-sac naturally will be important to the final aesthetics of how it sits with our front porch. 20 feet
is minimal and you add 8 feet or so for boulevard. It's going to be tight so we would hope that the
developer can work with the existing trees there to kind of blend the cul-de-sac in and keep the existing
trees that are there. I can't imagine that we'll be able to keep all of them but hopefully we'll be able to
keep the majority of them so that we can create a nice setting again. Other than that I appreciate your time.
Mayor Mancino: Great, thank you.
Councilwoman Jansen: Thank you.
Mayor Mancino: Steve, I have a question for you if you could come up. One of the, if you don't mind.
One of the recommendations was to have a landscaped island in the cul-de-sac.
Steve Sletner: Yes.
Mayor Mancino: And is that part, I don't think it's part of a condition. What's your, they're so great.
Steve Sletner: Yeah, we're fine with that. There's going to be a homeowners association here that would
you know essentially be responsible for maintenance unless the city's park department would like to do
that.
Mayor Mancino: Well, I think the homeowners association would want to do it.
Steve Sletner: That's not an issue. That we'd be more than happy to do that.
Mayor Mancino: Okay.
Steve Sletner: One other thing that did come up since my previous two sessions up here was with Mr.
Schmidt now looking at a possible plan and Dave I know was looking at allocations for potential sewer I
guess reimbursements Dave, would that be the proper term? We were assuming at that time possibly two
or whatever. I guess if there is a plan that somebody's looking at that meets the Bluff Creek setbacks and
issues with the primary zone, and it's more than two, we would be interested to see that that allotment is
based on the number of units that are potential there. And I think Dave's letter addressed that because it
was in kind of a per lot type of scenario so I'd just like to go on record stating if it's more than 2 or 3, if
somebody's looking at it now, I think we'll have an answer fairly shortly.
Mayor Mancino: Okay.
Steve Sletner: Thank you.
Mayor Mancino: Thank you. Dave.
Dave Hempel: Madam Mayor, if I could just add to that. I guess the reasoning behind my allocation of the
sewer credits was that the sewer was basically going to be on the comer of Mr. Schmidt's property for him
to extend in the future if he so needs to extend to the third or fourth lot down. The sewer will be there for
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City Council Meeting - April 12, 1999
the first two lots if he subdivides, to immediately connect into. If he subdivides into more lots than that, it
will be necessary for him to extend the sanitary sewer down to service those lots. And that will.
Mayor Mancino: And he'll pay for that.
Dave Hempel Right.
Mayor Mancino: That will be a separate payment, okay. Great. Understand. Anyone else wishing to
address the City Council on this? Okay. Thank you all for coming up and speaking. Coming back to
councilmembers. Any discussion points or comments. Councilmember Jansen.
Councilwoman Jansen: I wondered how the first plat was going to look that would come in under the Bluff
Creek ordinance and wonderful job of working with it. Staff and to the developer and trying to preserve
this area. I guess going through all of the detail.
Mayor Mancino: Are you going to move?
Councilwoman Jansen: No. But looking at all this detail it seems like all the questions were asked and
answered and I can imagine there will be several that will come up in the course of putting the final
together but no, I didn't come up with anything significant. I would like to walk the property just to get a
feel for exactly how this is going to end up you know laying out and see what it is actually preserving. It
seems like it's going to be just a wonderful area. But I think seeing it will be more meaningful and I didn't
have a chance to get out there before tonight.
Mayor Mancino: Councilman Labatt.
Councilman Labatt: No, I mean I just live north on Galpin from this and I always wondered what was
going to happen to this property down there and you know.., a lot of trees and in this plan a lot and my
concern is just.., what currently exists and once the development is done .... the natural aesthetics of what's
there already. I am very encouraged in the size of Outlot A.
Mayor Mancino: Last but not least it's, thank you for bringing in this plat and getting together with staff
and the residents surrounding. It's very compatible with the Oaks and with Stone Creek and certainly adds
to the value of our Bluff Creek corridor and I think you worked out a very good plan here. May I have a
motion? Or I can, I will go ahead and make a motion. And we'll see and I may need some help on this on
the sidelines. I make the motion that the City Council approve the general concept and preliminary PUD-R
development plan, the first reading of the rezoning of 6.39 acres from A-2, Agricultural Estate District to
PUD-R, Planned Unit Development Residential and preliminary plat approval to subdivide 6.39 acres into
8 single family lots and 2 outlots as shown in plans dated 2/99 subject to the following conditions. And I
also know that there are new plans dated. 4/12 at 8:30 p.m. for I know staff to review. They probably,
have you seen them yet staff?
Kate Aanenson: You can leave what's in there and when we come to final plat if you want to modify that.
Mayor Mancino: Okay. Okay, then we'll just say dated 2/99 subject to the following conditions 1 through
7 stays the same. On condition number 8 we will add a new sentence that says, Lot 6, Block 1 may have a
20 foot front yard setback variance for the porch addition as described in drawings presented at the
Planning Commission on April 7th. 9 through 34 stays as is. 35 says will review inventory to recommend
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City Council Meeting - April 12, 1999
to City Council the best way to preserve the trees along the project boundaries and I would just add in
parens, that there is a 10 foot tree preservation easement on the north and south side. And number 36, staff
will address the issue about reimbursement for the sanitary sewer extension to the parcel to the north. And
I would like to add that we do the reimbursement as we have in other city projects such as Woodridge
Heights, the Vineland Forest and that you present that to us at final plat time. But that we do reimburse the
applicant when the Schmidt's develop. And number, good idea. Number 37. That a landscape cul-de-sac
be added to the cul-de-sac. That a landscaped, excuse me, island be added to the cul-de-sac and that the
homeowners association be responsible for maintenance on that. A second to the motion please.
Councilman Labatt: I'll second it.
Mayor Mancino moved, Councilman Labatt seconded to approve the General Concept and Preliminary
PUD Development Plan, the first reading of the Rezoning of 6.39 acres from A-2, Agricultural Estate
District to PUD-R, Planned Unit Development-Residential and Preliminary Plat approval to subdivide 6.39
acres into 8 single family lots and 2 outlots, as shown in plans dated 2/99, subject to the following
conditions:
1. The applicant shall guarantee any transplanted trees for a minimum of one year. Transplanted trees
shall be counted as replacement plantings.
Buffer yard plantings shall be installed along Galpin Boulevard. Minimum planting requirements are 5
over story trees, 7 under story trees, and 11 shrubs. The landscape plan shall be submitted to the city
for approval.
3. One tree shall be planted in each front yard per city ordinance.
4. Install tree protection fencing at grading limits prior to construction.
The applicant shall revegetate the area around the proposed storm water pond with a native seed
mixture approved by the city. The applicant may refer to MnDOT seeding manual mixture 50 for an
acceptable seed mix.
6. The accessory structure located on proposed Lot 6 shall be removed prior to recording of the plat.
Outlot A shall be reserved through park dedication. Fee title to Outlot A shall be granted to the city in
exchange for full park fee credit. If ownership is not transferred to the city, then the developer shall
place a conservation easement over Outlot A.
The development shall comply with the following setbacks: Front (F) - 25 feet, Rear (R)- 30 feet, Side (S) -
10 feet, Primary Zone (PZ) - 40 feet, Perimeter PUD setback (P) - 30 feet, Galpin Blvd. (G) - 50 feet. Lot 6,
Block 1 may have a 20 foot front yard setback variance for the porch addition as described in drawings
presented at the Planning Commission on April 7, 1999.
9. The Primary Zone boundary shall be shown on the building permit plans for Lots 4, 5, and 6, Block 1,
Lynmore Addition.
10. Lot 8 shall be reconfigured to meet the 90 foot minimum frontage requirement as well as the 11,000 square
foot minimum lot area requirement.
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City Council Meeting - April 12, 1999
11. Revise the preliminary grading & utility plan to show the proposed dwelling pads with standard
designations and indicate the lowest level floor, entry level floor and garage floor elevations. This
should be done prior to final plat approval.
12. Obtain demolition, moving and/or road use permits for existing buildings to be relocated. This should
be done prior to any grading on the property.
13.
The proposed single family residential development of 4.25 net developable acres is responsible for a water
quality connection charge of $3,400 and a water quantity fee of $8,415. These fees are payable to the city
phor to the city filing the final plat.
14. Install a fire hydrant at the intersection of Bridle Creek Court and Galpin Blvd.
15. A ten foot clear space must be maintained around fire hydrants, i.e. street lamps, trees, shrubs, bushes,
NSP, US West, 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.
16. Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved
provisions for the turning around of fire apparatus. The cul-de-sac as currently designed will not allow
proper turning around of fire apparatus. Submit redesigned dimensions to Fire Marshal and City
Engineer for review and approval. Fire Marshal will not approve building permits until redesign of
cul-de-sac is submitted.
17. If trees are to be felled on site, they must either be chipped or hauled off site. No burning permits will
be issued.
18. (The final construction plans shall include the following)
The grading plans shall include the first floor, lowest floor and garage floor elevations of the existing
home on Lot 6.
Show existing well and septic site on Lot 6 with provisions for protection.
Install drain tile behind the curb in accordance with City detail plates 5232 and 5234 to address
household sump pump discharge.
Provide pond maintenance access route between Lots 4 and 5. The grade of the access route shall not
exceed a 4 to 1 slope.
Provide erosion control measures and tree preservation fencing on the grading plan.
The lot grade on Lots 6, 7 and 8 and/or street grades shall be revised to provide front yard drainage
from the homes out to Bridle Creek Court. Provide traffic control signage and street light locations.
The centerline street grade through the cul-de-sac shall be a minimum of 1% and the first 75 feet of
Bridle Creek Court shall not exceed 3.0%.
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City Council Meeting - April 12, 1999
Provide drainage swale on the south side of Lots 3 and 4 to prevent runoff from leaving the site.
19. The existing home on Lot 6 shall connect to city sewer within 30 days after the utilities are accepted by
the city. When the existing well on Lot 6 fails, the home shall connect to city water.
20. The developer shall dedicate to the city 50 feet of right-of-way for Galpin Boulevard and a 1 O-foot
wide trail and utility easement along the west line of Lots 1 and 2 and Outlot B.
21. During design and construction of a home for Lot 4 the surface water runoff must be managed to avoid
flooding of the home. The lowest opening of the home shall be a minimum of one foot above the
existing/proposed grade at the south property line adjacent the home.
22. At time of building permit issuance each lot except Lot 6 shall be charged a sewer and water hook-up
charge. Should Outlot B be platted in the future, this parcel will also be subject to sewer and water
hook-up charges in accordance with city ordinance.
23. The existing home on Lot 6 shall change their street access and address once Bridle Creek Court is
paved with a bituminous surface. In addition, the existing driveway access through Lots 7 and 8 and
Outlot B shall be removed and restored with topsoil, seed and mulch.
24. If the exporting or importing of earthwork material is required, the developer shall supply staff with a
haul route and traffic control plan for review and approval.
25. The appropriate drainage and utility easements shall be dedicated to the city on the final plat for all
utilities, existing drainageways and ponding areas lying outside the right-of-way. The minimum
easement width shall be 20 feet wide.
26. The developer shall be responsible for the extension of sanitary sewer service to the site and acquisition
of the necessary temporary and/or permanent utility easements. If the developer is unable to acquire
the necessary utility easements, the plat shall be considered premature for development.
27. The applicant will need to develop a sediment and erosion control plan in accordance with the City's
Best Management Practice Handbook and the Surface Water Management Plan requirements for new
developments. The plan shall be submitted to the city for review and formal approval in conjunction
with final plat submittal.
28. All areas disturbed as a result of construction activities shall be immediately restored with seed and
disc-mulched or wood fiber blanket or sod within two weeks of completion of each activity in
accordance with the City's Best Management Practice Handbook.
29. All utility and street improvements shall be constructed in accordance with the latest edition of the
City's Standard Specifications and Detail Plates. Detailed street and utility plans and specifications
shall be submitted three weeks prior to final plat consideration for staff review and City Council
approval.
30. The applicant shall provide detailed storm sewer calculations for 10-year and 100-year storm events
and provide ponding calculations for stormwater quality/quantity ponds in accordance with the City's
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City Council Meeting - April 12, 1999
Surface Water Management Plan for the City Engineer to review and approve. The applicant shall
provide detailed pre-developed and post-developed stormwater calculations for 100-year storm events
and normal water level and high water level calculations in existing basins, created basin, and/or
creeks. Individual storm sewer calculations between each catch basin segment will also be required to
determine if sufficient catch basins are being utilized. In addition, water quality ponding design
calculations shall be based on Walker's Pondnet model.
31. The applicant shall enter into a PUD agreement/development contract with the city and provide the
necessary financial security to guarantee compliance with the terms of the development contract.
32. The applicant shall apply for and obtain permits from the appropriate regulatory agencies, i.e. Carver
County, Watershed District, Metropolitan Waste Control Commission, Health Department and
Minnesota Pollution Control Agency.
33. A 30-foot wide access easement shall be deeded to the Schmidt's over Outlot B for future driveway
access to the property to the north. Staff and the developer shall work together in determining the
alignment.
34. Staff will review condition 18 regarding grading on Lot 6 as it pertains to drainage. Staff will also talk
with the developer regarding conditions 7 and 8.
35. Staff will review the tree inventory to recommend to City Council the best way to preserve the trees
along the project boundaries. (There is a 10 foot tree preservation easement on the north and south
side.)
36. Staff will address the issue about reimbursement for the sanitary sewer extension to the parcel to the
north. The City will do the reimbursement as we have in other city projects such as Woodridge
Heights, the Vineland Forest and that staff present that at final plat time and to reimburse the applicant
when the Schmidt's develop.
37. That a landscape island be added to the cul-de-sac and that the homeowners association be responsible
for maintenance.
All voted in favor and the motion carried.
Mayor Mancino: Thank you all for coming tonight.
Bob Generous: Conditional use permit?
Mayor Mancino: Oh, I have to go further. Thank you. Oh you're right. Thank you very much. I'd like
to move that the City Council approves a conditional use permit to permit development within the Bluff
Creek overlay district subject to the following conditions, and condition 1 reads as is. Is there a second?
Councilwoman Jansen: Second.
Mayor Mancino moved, Councilwoman Jansen seconded to approve Conditional Use Permit to
permit development within the Bluff Creek Overlay district subject to the following conditions:
1. Outlot A, Lynmore Addition, is permanently preserved as passive open space.
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City Council Meeting - April 12, 1999
All voted in favor and the motion carried.
Mayor Mancino: The third is the City Council approves the vacation of a portion of a utility and drainage
easement located on Lot 9, Block 1, Stone Creek 6th Addition as shown in plans dated Received June 22,
1998 with the following conditions. Condition number 1 as it stands. Second please.
Councilwoman Jansen: Second.
Mayor Mancino moved, Councilwoman Jansen seconded to approve the vacation of a portion of a
Utility and Drainage easement located on Lot 9, Block 1, Stone Creek 6th Addition, as shown in plans
dated June 22, 1998, with the following condition:
1. The applicant shall provide a legal description of the Utility and Drainage easement proposed to be
vacated.
All voted in favor and the motion carried.
Mayor Mancino: And we will have a second rezoning.
Roger Knutson: That will come back to you.
Mayor Mancino: Okay, that will come back to us. Thank you.
CODE AMENDMENT DESIGNATING THE PLANNING COMMISSION AS THE BOARD OF
ADJUSTMENTS AND APPEALS.
Kate Aanenson: Thank you. This amendment came as a recommendation from the City Council when they
were looking at reorganization of the commissions. And at that time it was discussed that a lot of other
communities do use the planning commission as the board of adjustment. The Planning Commission
reviewed this, or does do variances as part of conditional uses, site plans, interim use permits, but what
this.., to review those that are, anybody that's aggrieved of a decision of an administrative officer would go
right to the Planning Commission or if they're here, a separate application if someone's doing a, needed a
variance as a separate permit such as a building permit, separate process. The only concern that the
Planning Commission had was the original recommendation as proposed by the attorneys office had a 4/5
and in looking at, the purpose of putting this together, why the Planning Commission might be the
appropriate place to take these, is the fact that one. They're already doing a lot of variances and are used
to the procedure. Secondly, they meet on a regular basis and we try to do training, and not to say that the
Board of Adjustment wasn't doing a bad job but they are dealing with these. The Planning Commission
was concerned with the 4/5 of the entire board. There are 7 members on the Planning Commission and
having kind of that accountability seemed a little bit burdensome when, if you're missing one person you'd
have to have the rest of the people vote in favor and they felt like, they went through the discussion of, if
the City Council wanted to take the burden away, then you're really forcing them all to go back to the City
Council anyway so there was a lot of discussion on what the appropriate amount would be, and their
recommendation to you would be ~ of the members present. Therefore if there's only 4, which is what you
need to have a meeting of the planning commission, you'd have to have 3 of the 4. So that's the way they
went. They felt that was an appropriate number and Andrea Poehler from the attorney's office felt that that
would be appropriate too so they felt comfortable with that and they would make that recommendation to
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City Council Meeting - April 12, 1999
you. Then their other questions were just simply how it worked in the agenda. Do they have to become the
Board of Adjustment. I mean do they go into a different role and so we explained to them that they just
have a staff report like they do now. It's under public hearings and they make a recommendation. Again,
anybody that's aggrieved of a decision certainly has a right to appeal it whether it's the applicant or
somebody else but they felt comfortable with that and again because you need 4/5 to make this amendment,
this would be a first reading for you tonight. So I'd be happy to answer any questions that you'd have.
Mayor Mancino: Questions for staff at this time?
Councilwoman Jansen: No questions.
Councilman Labatt: No.
Mayor Mancino: Planning Commission will still start at 7:00 and they'll just do this first?
Kate Aanenson: Right. What we would do, all public hearings are noticed at 7:00. What we try to do as a
staff is we try to place them in order as far as what we believe is going to have the most number of people
out. We try to clear the room so that people who have had to get sitters and there's a lot of people there,
that we try to get those out of the way. If there's something very simple sometimes we'll try to move that
one too so we try to gauge those. But all public hearings are noticed at 7:00 and it would be whether it's
for a site plan or for a variance, we'd continue to do that. And we rely on people to call us and we try to
estimate what time they'd be on.
Mayor Mancino: Good, thank you. May I have a motion please. Any discussion or is everyone.., don't
have any question so a motion please.
Councilwoman Jansen: I'll motion that we approve the Planning Commission to become the Board of
Zoning Adjustments and Appeals.
Mayor Mancino: Okay. I'll second that.
Councilwoman Jansen moved, Mayor Mancino seconded to approve an amendment to Chapter 20,
Section 20-28, Board of Zoning Adjustments and Appeals and Section 20-29, Board of Adjustments
variance and appeals procedures and repealing Section 20-31. All voted in favor and the motion
carried.
CONSIDER APPOINTMENTS TO THE COMPUTER Y2K AND NETWORK TASK FORCE.
Mayor Mancino: We reviewed applicants, etc. I will go ahead and make a suggestion nomination for this
particular task force and that is that the City Council member be Mark Engel who is in the business and I
think would be very helpful. And for task force members, one Roger Smallbeck, Sharon Olson, Marc
Snyder, Uli Sacchet and Andrea Weber. Is there a second to the motion?
Councilwoman Jansen: I'll second.
Mayor Mancino moved, Councilwoman Jansen seconded to appoint the following people to the
Computer Y2K and Network Task Force: Councilman Mark Engel, Roger Smallbeck, Sharon
Olson, Marc Snyder, Uli Sacchet and Andrea Weber. All voted in favor and the motion carried.
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City Council Meeting - April 12, 1999
Mayor Mancino: Staff report please on mission or what would you like us to do with this?
Todd Gerhardt: On?
Mayor Mancino: On the computer task force. We have, it says City of Chanhassen Network Computer
Task Force, April, 1999. Oh, for the goal.
Todd Gerhardt: This is the working documents for the task force. Rick basically has put together the goal
statements that he felt that the City Council wanted to see accomplished as a part of this task force and the
desired results, scope of responsibilities, level of authority. This is a good format that School District 112
used for a task force for long range planning so I asked Rick to take that same guideline and establish the
same statements for the computer network task force. No action needs to be taken on this item. If council
members want to review it and make any suggested changes, you can either call me or Rick and modify
that. I've asked Karen Engelhardt to also send this to both Mark Engel and Mark Senn for their review and
comment. If no changes are heard from then we'll just include that as a part of the packet for the first task
force meeting which I think has estimated to be April 22nd at 6:30.
Mayor Mancino: Do we have a work session prior to that first meeting? We probably do next Monday
which is the 19th.
Todd Gerhardt: Next Monday which is the 19th.
Mayor Mancino: So why don't if council members have some changes, why don't you bring it back on the
19th for just a 5 minute discussion. Because somebody may have some changes that somebody else you
know would like to react to. So why don't we put this for, not 5 minute but a 15 minute discussion item for
our next work session. Thank you very much. And thank Rick for being so proactive with this.
ADMINISTRATIVE PRESENTATIONS:
Todd Gerhardt: When we get to administrative presentations I have one more item that look for some more
direction from council on.
Mayor Mancino: Okay, we're there.
Todd Gerhardt: Alright. The Mayor and Councilmember Jansen and I met with the Minnetonka Mayor
and City Manager, Dave Childs to discuss how they went about working with the residents on the
reconstruction of Crosstown and there were some good comments that came out of that discussion that I
had passed along to Anita and wondering how you may want to handle updating the rest of the city council
on those ideas and seeing if they want to incorporate those as a part of the TH 101 project.
Mayor Mancino: ... rest of the council members. The concept... Mayor Karen Anderson, City Manager...
The only time, or the next time that we will all be together...
Todd Gerhardt: Put it on for a work session for 15 minute discussion?
Mayor Mancino: We can do that.
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City Council Meeting - April 12, 1999
Councilwoman Jansen: And that doesn't delay it too much?
Mayor Mancino: ... consequences.
Anita Benson: It would have some timing consequences simply because we would want to have a
conversation with the City of Eden Prairie so that we conduct the public process uniformly in both cities.
So we would need to take a step back, have conversations with Eden Prairie and evaluate when the meeting
dates could be. So it would simply delay mailing out the next newsletter which we were proposing to
announce some public meeting dates and possibly, most likely delay the public meetings more towards the
end of May or beginning of June.
Mayor Mancino: ...
Councilwoman Jansen: I think so.
Mayor Mancino: ... prior to talking about it with council.
Councilwoman Jansen: And maybe working up a tentative schedule of figuring out how many
neighborhood meetings that would include.., what kind of a time table we're looking at as we talk about it
Monday.
Anita Benson: If I could suggest, I believe it would probably be a good idea to have Mr. Grube from
Hennepin County attend the Monday work session. He has had experience with the smaller group meetings
and I spoke with him. He's certainly open to backing up and doing the more informal sessions and may
provide some good input.
Councilwoman Jansen: Okay.
Todd Gerhardt: I could also contact a couple of those individuals that were suggested as mediators, or
facilitators I guess is a better term.
Mayor Mancino:...
Todd Gerhardt: Cart before the horse maybe, but.
Councilwoman Jansen: That's what we're trying to avoid.
Todd Gerhardt: Yeah. Definitely won't have that.
Mayor Mancino: Good. I think that would be a good idea. Thank you. Did you have anything else?
Todd Gerhardt: No, that was it.
ADMINISTRATIVE SECTION DISCUSSION:
Mayor Mancino: Okay, great. In the admin section, any questions? Any comments in admin?
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City Council Meeting - April 12, 1999
Councilwoman Jansen: I'm actually curious to hear from Todd as to any updates now on the Lake Riley
situation. Now that you've had a conversation with Phil and whatever has now transpired with.
Todd Gerhardt: We are proceeding with the violation. If you noticed in the packet, the pictures with the
retaining walls. There's been a violation of our Bluff Creek ordinance or our bluff ordinance. Not just
Bluff Creek. And we are pursuing that individual to make restitution on the violation and correcting the
situation, re-establishing the area and also being cited. Will it have to go to a court proceeding? It depends
on how he goes about in re-establishing the area. My biggest concern with it is that there'd be a penalty
associated with this so it doesn't happen again. That people can come in and make the mistakes and then
just have to pay a small fine and so staff is proceeding and making sure that we get it all back to normal
again.
Councilwoman Jansen: Great.
Mayor Mancino: Get it back to normal. Does that mean that the retaining walls will come down and?
Todd Gerhardt: No. Back into at least re-establishing the area so we don't have erosion problems. I don't
know the full extent of what Phil's requirements are going to be of him and I don't' know if Phil knows yet,
from my last conversation with him he hadn't completed that.
Mayor Mancino: But our ordinance would not allow for those kind of retaining walls, am I correct?
Todd Gerhardt: That's correct. That's correct.
Mayor Mancino: Okay. So could also ask that the retaining walls be removed.
Todd Gerhardt: With this ordinance Roger, that that could be.
Mayor Mancino: And I may be asking a question that not everyone's up to speed with legally so.
Roger Knutson: I've not really reviewed this. Just been reading this but if that can be done, I understand
what you want.
Mayor Mancino: Okay, thank you.
Councilwoman Jansen: I had just gotten a notification of our lake association meeting so I'll make sure I
share that date with Phil and Kate because I think they had talked about putting together some sort of an
informational flyer for the residents on the lake so that might be a good time for us to get it distributed. I
want to say it's like the 26th of this month. It's in conflict with one of our meetings so it is coming up soon
but I could get that information to the president of the association and make sure that he gets it
disseminated at that point to everyone.
Mayor Mancino: The other only other thing that I had in Admin Section was that I was pleasantly, I noted
there were reports from the Carver County Sheriff's Department reports for February and March. Our
total criminal activity is down compared to last year and I think that's great so those are good numbers to
see for our community. The other comment that I had on Axel's fence that abuts West 78th Street. I think
that's fine. Todd, my only question is whether they're going to put any, and I should have asked Sharmin
when she was here tonight. If on that south side facing West 78th, on the other side of the fence, they're
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City Council Meeting - April 12, 1999
also going to have a little bit of landscaping there. You know like a 2 foot runway of some landscaping.
That was my only other question, and I can certainly call and ask about that but I think that this kind of a
privacy fence with still having the see through is just fine.
Councilwoman Jansen: It's a nice feel.
Todd Gerhardt: Yeah, the picture doesn't show any additional landscaping on that side but.
Mayor Mancino: So I feel very comfortable with them proceeding.
Councilwoman Jansen: Agreed.
Mayor Mancino: Councilman Labatt, do you feel comfortable with that proceeding too?
Councilman Labatt: Yeah.
Mayor Mancino: Good. Thank you for including that. That was very, very helpful. With that, any other
comments? Then the meeting is adjourned.
Roger Knutson: Madam Mayor?
Mayor Mancino: Yes.
Roger Knutson: Before you adjourn. As I understand it, three of you want to discuss these other issues
with me.
Mayor Mancino: Oh the Code of Ethics?
Roger Knutson: Yes. I can meet with two of you.
Todd Gerhardt: Or would you prefer that we table this until we have a full council? So you don't have to
do it again.
Mayor Mancino: That's probably a good idea. Why don't we just table it to either before a work session
or at the end of a meeting.
Councilwoman Jansen: Yeah.
Mayor Mancino: I'm comfortable with that. I don't feel that there was any hard pressing reason timing
wise to move on. Thank you Roger for bringing that up. And the meeting is adjourned. Thank you.
Mayor Mancino adjourned the meeting at 8:55 p.m.
Submitted by Todd Gerhardt
Acting City Manager
Prepared by Nann Opheim
41