CC SUM 2014 04 28
CHANHASSEN CITY COUNCIL
REGULAR MEETING
SUMMARY MINUTES
APRIL 28, 2014
Mayor Furlong called the meeting to order at 7:05 p.m. The meeting was opened with the Pledge to
the Flag.
COUNCIL MEMBERS PRESENT:
Mayor Furlong, Councilman McDonald, Councilwoman
Tjornhom, Councilwoman Ernst, and Councilman Laufenburger
STAFF PRESENT:
Todd Gerhardt, Laurie Hokkanen, Paul Oehme, Kate Aanenson, Todd Hoffman,
Greg Sticha, Jill Sinclair, and Roger Knutson
PUBLIC PRESENT:
Dave Schulman 8011 Dakota Circle
Katie Mahannah 92 Shasta Circle
Lynne Pilgrim 8026 Dakota Avenue
Drew & Amy Oman 800 Fox Court
Conrad & Lois Fiskness 8033 Cheyenne Avenue
Gene Gagner 8025 Cheyenne Avenue
Theresa Thomas 8029 Cheyenne Avenue
Tom Kotsonas 8001 Cheyenne Avenue
Julie, Tom, Nate and Tanner Burns 1551 Lake Susan Hills
Mary Stumpfl 8027 Cheyenne Spur
PUBLIC ANNOUNCEMENTS: ARBOR DAY, MAY 3: INVITATION TO ARBOR DAY
CELEBRATION AND PRESENTATION OF ARBOR DAY POSTER CONTEST AWARDS.
Mayor Furlong invited residents to attend the Arbor Day celebration Saturday, May 3rd at Riley Ridge
Park before announcing the following Arbor Day poster contest winners: Lily Butterbough, Abby
Duffing, Andrew Nguyen and grand prize winner Emily Nicoletta. Amy Omann and Katie Mahannah
from the Environmental Commission helped hand out awards.
PRESENTATION OF CERTIFICATES OF APPRECIATION TO COMMISSIONERS: STEVE
WITHROW, PLANNING COMMISSION AND RYAN LYNCH, PARK AND RECREATION
COMMISSION YOUTH REPRESENTATIVE.
Mayor Furlong thanked and read the accomplishments for Steve Withrow while serving on the Planning
Commission and Ryan Lynch for his service as the first youth representative on the Park and Recreation
Commission.
CONSENT AGENDA:Councilman Laufenburger moved, Councilman McDonald seconded to
approve the following consent agenda items pursuant to the City Manager’s recommendations:
1. Approval of City Council Minutes dated April 14, 2014
2. Receive Planning Commission Minutes dated April 15, 2014.
3. Well #15: Approve Consultant Contract with BARR Engineering.
City Council Summary – April 28, 2014
Resolution #2014-25:
4. Approve Mileage Designation to the Municipal State Aid System,
PW004.
Resolution #2014-26:
5. TH 101 Minnesota River Crossing Project: Concurrence of Bids.
6. Approve Request for Temporary On-Sale Liquor License, May 27, St. Hubert Catholic
Community, 8201 Main Street.
Resolution #2014-27:
7. Resolution Proclaiming May 3 as Arbor Day in Chanhassen.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
VISITOR PRESENTATIONS: TANNER BURNS, POWER HILL PARK EAGLE SCOUT
PROJECT.
Tanner Burns presented his Eagle Scout project for Power Hill Park which includes installation of a
picnic table with concrete base and bench. Councilman Laufenburger asked about the funding source for
the materials. Mayor Furlong asked about timing for completion of the project.
LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE.
Lt. Jeff Enevold introduced the following
employees of the Ridgeview Chanhassen Clinic: John Whisney, Dr. Eric Johanson, Lori Poquette,
Laurie Bauer, Laurie Koering and Dianne Wenz along with Sergeant John Bromwell who participated in
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saving a person’s life on Wednesday, April 16. He continued his report by reviewing Part 1 crimes
year to date statistics. For the Fire Department report, Assistant Chief Cori Wallis reviewed the new
recruit training process, staff hours, equipment testing and noted that the fatal fire from the previous
month is still under investigation by the State Fire Marshal’s office. Councilman Laufenburger asked for
clarification of the severe weather station standby.
PUBLIC HEARING: 2014 STREET RECONSTRUCTION PROJECT: ASSESSMENT
HEARING.
Paul Oehme presented the staff report on this item. Councilwoman Ernst asked why streets with a
pavement condition index number of 45 are being reconstructed. Councilman Laufenburger asked for
clarification of what porous pavement is and if it’s been used elsewhere in the city. After asking if there
had been any objections to the assessments, Mayor Furlong opened the public hearing. No one spoke and
the public hearing was closed.
Resolution #2014-28: Councilman Laufenburger moved, Councilwoman Ernst seconded that the
City Council adopts the attached resolution accepting bids and awards the contract for the 2014
Street Reconstruction and Utility Project No. 14-01 to GMH Asphalt Corporation in the amount of
$2,225,529.91. All voted in favor and the motion carried unanimously with a vote of 5 to 0.
Resolution #2014-29: Councilman Laufenburger moved, Councilwoman Ernst seconded that the
City Council adopts the assessment roll for City Project 14-01, Minnewashta Shores and Kiowa
Trail Street and Utility Reconstruction and the attached resolution. All voted in favor and the
motion carried unanimously with a vote of 5 to 0.
PUBLIC HEARING: PROPOSAL FOR THE ISSUANCE OF A HOUSING AND HEALTH
CARE REVENUE REFUNDING NOTE, PRESBYTERIAN HOMES AND SERVICES, LAKE
MINNETONKA CAMPUS PROJECT.
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City Council Summary – April 28, 2014
Greg Sticha presented the staff report on this item. Councilman Laufenburger asked if the City has done
this before and if this would restrict the City’s ability from bonding other projects.
Resolution #2014-30: Councilwoman Ernst moved, Councilman McDonald seconded that the City
Council approve the issuance and sale of housing and health care revenue refunding notes and
authorizing the execution of documents relating thereto and including approval of a joint powers
agreement in connection with the PHS/Lake Minnetonka Campus Project. All voted in favor and
the motion carried unanimously with a vote of 5 to 0.
DAKOTA RETAIL, 7910 DAKOTA AVENUE AND THE ADJACENT PARCEL TO THE WEST,
APPLICANT: MOHAGEN HANSEN ARCHITECTURAL GROUP/OWNER: CENTER
COMPANIES, LLC:
A. REQUEST FOR PRELIMINARY PLAT REVIEW TO COMBINE TWO PARCELS INTO
ONE LOT OF APPROXIMATELY TWO ACRES ZONED HIGHWAY AND BUSINESS
SERVICES DISTRICT (BH); AND SITE PLAN REVIEW WITH VARIANCES FOR AN
8,000 SQ. FT. RETAIL BUILDING.
B. CONSIDER APPROVAL OF RESOLUTION OF SUPPORT FOR CONTAMINATION
CLEAN-UP APPLICATION.
C. EXTEND THE PURCHASE AGREEMENT CLOSING DATE WITH CENTER
COMPANIES, LLC.
Community Development Director, Kate Aanenson presented the staff report and Planning Commission
update on this item. City Engineer/Public Works Director, Paul Oehme addressed trip generation and
traffic. Mayor Furlong asked for clarification on ownership of the lots. Councilman Laufenburger asked
staff to summarize neighborhood concerns regarding traffic safety. Mayor Furlong asked for
clarification of the drive thru circulation, parking, and contamination clean-up. The applicant, Ben
Merriman with Center Companies explained why this has been a very challenging site to develop before
being available to answer questions. Mayor Furlong opened the meeting for public comments. Lynne
Pilgrim, 8026 Dakota Avenue clarified that it’s not the access off Dakota Avenue but Lake Drive that the
neighborhood have safety concerns with and asked that something be done, i.e. octagon lighted stop
signs. Mayor Furlong explained that once city staff has gathered enough information, the discussion of
the intersection at Dakota Avenue and Lake Drive will be brought up at a future council meeting. Lois
Fiskness asked that consideration be given to cleaning up the outlot. Theresa Thomas, 8029 Cheyenne
Avenue asked about clean-up of the contaminated soils, and the number of drive thru windows. Mary
Stumpfl, 8027 Cheyenne Avenue emphasized that Dakota Avenue and Lake Drive is the only entrance
and exit for their neighborhood to Highway 5. Councilman McDonald asked that city staff consider
moving the proposed entrance further west and that warrants for a stop light be considered when dealing
with improvements to the intersection of Dakota Avenue and Lake Drive. After comments from the
council, the following motions were made.
City Council
Councilman McDonald moved, Councilwoman Tjornhom seconded that the
approve the preliminary plat to replat 1.7 acres into one lot and one outlot, Planning Case
2014-11 as shown in plans dated received March 14, 2014, and including the attached
Findings of Fact and Recommendation, subject to the following conditions:
Engineering Conditions
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City Council Summary – April 28, 2014
1.Before the final plat is recorded the Surface Water Management fees, Park Dedication fees,
and GIS fees must be paid as well as any recording fees not collected with the final plat
application.
Park And Trail Conditions
1.Full park fees in lieu of additional parkland dedication and/or trail construction shall be
collected as a condition of approval for Dakota Retail. The park fees will be collected in full at
the rate in force upon final plat submission and approval. Based on the current proposed lot size
of 1.51 acres and the city’s 2014 commercial/industrial park fee of $12,500 per unit, the total
park fees for Dakota Retail would be $18,875.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
City Council
Councilman McDonald moved, Councilwoman Tjornhom seconded that the
approvethe site plan consisting of a 8,000 square-foot multi-tenant building, Planning Case
2014-11 as shown in plans dated received March 14, 2014, and including the attached
Findings of Fact and Recommendation, subject to the following conditions:
Environmental Resource Conditions
1.The applicant shall provide a total of 25 understory trees along the north property line.
2.All trees that fall within the utility easement along the north property line shall be ornamental
trees.
3.The final landscape shall be submitted to the city and include a plant schedule with listed
quantities.
Building Official Conditions
1.The proposed structure is required to have an automatic fire extinguishing system (MN Rule
1306).
2.All plans must be prepared and signed by design professionals licensed in the State of
Minnesota. A geotechnical (soil evaluation) report required.
3.Detailed building code-related requirements have not been reviewed; this will take place
when complete structural/architectural plans are submitted.
4.Demolition permit required (contact MPCA regarding underground, fuel storage tanks
removal requirements).
5.Retaining walls exceeding four feet in height require professional design, permits and
approvals.
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City Council Summary – April 28, 2014
6.The owner and/or their representative shall meet with the Inspections Division as soon as
possible to discuss plan review and permit procedures.
Fire Marshal Conditions
1.An additional fire hydrant will be required on the south side of the property. This location
has been discussed with the Engineering Department.
2.“ No Parking Fire Lane” signs may be required. The developer must contact the Fire
Marshal for exact locations.
Engineering Conditions
1.The final plan must include proposed signage and/or pavement markings on the north side of
the building that will alert drivers to and prohibit drivers from entering the one-way traffic
associated with the drive-thru.
2.The parking stalls on the east side of the site, adjacent to the drive-thru must meet the city’s
minimum stall width, or marked as compact parking if proposed as such.
3.The “bump out” on the west side of the site must be minimum 26 feet face-of-curb to face-
of-curb.
4.Installation of the new water and sewer services must be coordinated with city staff,
including advanced notification of the partial street closure, the timing of the work to
minimize traffic disruption, and on-site inspection of the utility connection.
5.A cash escrow for the street restoration must be submitted prior to recording the final plat.
The escrow can be released after a minimum of one freeze-thaw cycle and once staff inspects
the street restoration and deems the work is satisfactory.
6.A private hydrant must be installed on the south side of the site at a location approved by the
Fire Marshal.
7.Indicate if existing private lights along the perimeter of the site are to remain or be removed.
8.The developer must provide staff with the proposed haul route for removal of the excess
material from the site before grading operations begin. The haul route is subject to staff
review and approval.
9.All improvements in the Xcel easement, including but not limited to grading, site utility
installation and landscaping must be approved by Xcel.
10.The final plans must include a note stating that the auxiliary utility pole south of the
transmission tower on the north side of the site will be relocated, or else it must be
incorporated into the plan. Any cost associated with relocating this pole shall be the
developer’s responsibility.
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City Council Summary – April 28, 2014
11.The developer must coordinate the proposed grading in the northeast corner of the site with
the affected small utilities, as the plans show altering the grade in the vicinity of two small
utility pads.
12.The grading plan must be revised so that the proposed contours tie into the existing contours.
13.The storm pond must be lined to prevent potential in-situ soil contamination.
14.The developer must submit calculations verifying that the proposed storm pond meets the
city’s minimum requirements.
15.Drain tile must be installed on the south side of the site.
Planning Conditions
1.All rooftop and ground equipment must be screened from views.
2.Sign illumination and design shall comply with ordinance. Wall signs shall be limited to the
north, east and south elevations. Wall and monument signage shall comply with the sign
ordinance. All signs require a sign permit.
3.The exterior material for the trash enclosure must be of the same exterior material as the
building. Recycling space and other solid waste collection space should be contained within
the same enclosure.
4.Light levels for site lighting shall be no more than one-half foot candle at the project
perimeter property line. This does not apply to street lighting. All fixtures must be shielded.
5.Approval of the site plan is contingent upon approval of the subdivision.
6.The applicant shall work with staff on minor plan modifications.
7.
Additional architectural detailing will be required along the westerly elevation.”
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
Resolution #2014-31: Councilman McDonald moved, Councilwoman Tjornhom seconded that the
City Council
approves the Resolution of Support for the Contamination Cleanup Grant
Application to DEED for the redevelopment of the Sinclair gas station site, 7910 Dakota Avenue.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
City Council
Councilman McDonald moved, Councilwoman Tjornhom seconded that the
approves extending the closing date on the purchase agreement with Center Companies,
LLC to December 31, 2014 and agrees to sell all of the excess right-of-way north of Lake
Drive for $85,000. All voted in favor and the motion carried unanimously with a vote of 5
to 0.
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City Council Summary – April 28, 2014
ARBOR COVE, 3121 WESTWOOD DRIVE, APPLICANT: DOGWOOD ROAD,
LLC/OWNER: WESTWOOD CHURCH: REQUEST FOR A COMPREHENSIVE
PLAN LAND USE AMENDMENT OF 3.26 ACRES FROM PUBLIC/SEMI-PUBLIC TO
RESIDENTIAL LOW DENSITY; REZONING OF 3.26 ACRES FROM OFFICE
INSTITUTIONAL DISTRICT (OI) TO SINGLE FAMILY RESIDENTIAL (RSF); AND
PRELIMINARY PLAT REVIEW OF 54.67 ACRES INTO 5 LOTS.
Councilman Laufenburger recused himself from this item due to a conflict of interest. Kate
Aanenson presented the staff report and Planning Commission update for this item. The
developer, Todd Simning explained that they were excited to be back before the council with
another development. After council comments the following motion was made.
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Councilwoman Ernst moved, Councilwoman Tjornhom seconded that the City Council approves
Comprehensive Plan Land Use Map Amendment of 3.26 acres from Public/Semi-Public to
Residential Low Density; Rezoning of 3.26 acres from Office Institutional District (OI) to
Single Family Residential District (RSF); and Preliminary Plat Review of 56.67 acres into 5
lots subject to the following conditions of approval, and Adopt the Findings of Fact and
Recommendation:
Parks & Recreation
1.In lieu of parkland dedication and/or trail construction, full park dedication fees shall be
collected at the rate in force at the time of final plat approval. At today’s rate, these fees
would total $23,200 (4 lots x $5,800 per lot).
Building
1.Final grading plans and soil reports must be submitted to the Inspections Division before
building permits will be issued.
2.Engineered design and building permits are required for retaining walls exceeding four feet
in height.
3.Each lot must be provided with a separate sewer and water service.
4.Demolition permits must be obtained before demolishing any existing structures.
Natural Resources
1.The applicant shall plant a total of 29 trees in the development. A revised landscape plan
shall be required prior to final plat approval.
2.The applicant shall remove Amur maple from the plant list and replace it with an alternate
ornamental tree.
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City Council Summary – April 28, 2014
3.Prior to any grading, the applicant shall install tree preservation fencing using metal stakes
around tree #33 on Lot 4. The fencing shall be placed at the dripline or the furthest point
possible from the trunk and no closer than 20 feet. Within the fencing, the applicant shall
spread a 3 to 4-inch layer of woodchips to protect the root zone. These protections shall
remain in effect until construction is completed.
4.A tree preservationeasement shall be recorded east of the grading limits on Lot 1,over the
rear 85 feet of Lots 2 through 3 and over the rear 75 feet of Lot 4. The applicant shall supply
a legal description for the easement.
5.Easement signage shall be placed on the lot lines at the point of intersection with the
easement on Lots 2 through 4. Signage shall be placed at points of directional change on Lot
1. Signs shall be approved by the city.
Engineering
1.The grading plan shows steep slopes on Lots 2 and 4. Grading must be revised so that no
slope is steeper than 3:1.
2.Grading plans must be revised to show existing and proposed elevations at each lot corner
and the center of the proposed driveways at the curb line.
3.The developer’s engineer must revise plans to include spot elevations and building corner
elevations that direct water flow away from all structures.
4.Grading plan must show spot elevations to illustrate where water will flow at the back of Lot
3.
5.The EOF shall be noted with arrows showing the direction of the overflow.
6.Include a lot benching detail in the plans.
7.Draintile service must be provided for Lots 3 and 4, which have drainage flows from the
back to the front of the lot.
8.Proposed stockpile areas must be indentified in the plans.
9.All existing easements shown in the plans must be properly referenced with the document
number or plat they were dedicated under.
10.A preservationeasement is proposed along the back of Lots 2, 3 and 4 as well as the east
corner of Lot 1.
11.A new drainage and utility easement over the filtration basin and the channel on Lot 1 will
provide the City access to these stormwater facilities.
12.The developer’s engineer must include the elevation of the top and bottom of the retaining
walls.
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City Council Summary – April 28, 2014
13.The following retaining wall materials are prohibited: smooth face, poured in place concrete
(stamped or patterned is acceptable), masonry, railroad ties and timber.
14.Grading must be revised to include a swale at the top of the retaining walls for drainage.
15.The topography shown must include elevation contours for Dogwood Road adjacent to the
proposed lots. The centerline gradients must be labeled. The developer’s engineer must
incorporate pressure-reducing valves and a surge protection system into the watermain plans.
16.At the time of final plat, the Dogwood Road improvements assessment must be paid or
reassessed.
17.Partial water and sewer hookup fees must be paid at the time of final plat.
Water Resources
1.A Stormwater Pollution Prevention Plan (SWPPP) including all required elements listed in
the General Permit Authorization to Discharge Stormwater Associated with Construction
Activity Under the National Pollution Discharge Elimination System/State Disposal System
Program must be prepared and submitted to the city for review and approval.
2.No native soils may be used in the filtration soil. Instead Mix B from the MN Stormwater
Manual - 70% washed sand and 30% leaf-litter compost mixture shall be used.
3.Pretreatment practices to be employed shall be shown on the plan view and in the detail
sheet. This shall be shown at the curb cut. It is highly recommended that something similar
to the Rain Guardian developed by Anoka Conservation District be used. The pretreatment
device must be approved by the City.
4.It shall be called out on both grading plans that steps shall be taken to prevent compaction
and siltation of the area resulting from construction activities on the site.
5.Remove the filter fabric from the detail and use a choker course of rock instead.
6.The underdrain shall be smooth walled and have a tracer wire.
7.A knife gate valve shall be included prior to the underdrain entering the proposed 27-inch
manhole. This valve shall be reasonable easy to access.
8.Calculations shall be provided demonstrating that the feature will draw down within 48
hours.
9.Efforts shall be made to decrease the depth as close as possible to the 9.6 inches but no
greater than the 14.4 inches recommended for MH HSG B soils.
10.Side slopes shall be no steeper than 5:1 and as close to 10:1 as possible except that the south
boundary may be up to 3:1.
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City Council Summary – April 28, 2014
11.The feature shall be kept offline until the vegetation has been established. Plans and the
SWPPP must include this information and describe the methodology to be used to achieve
this.
12.A detailed planting plan and schedule must be developed and included in plan set for
approval
13.The in-situ soils shall be ripped to a depth of 12 inches prior placing the amended filtration
soils.
14.The developer shall be responsible for the construction of the biofiltration feature and shall
make assurances that the plant materials, mulch and side slopes into biofiltration feature are
maintained throughout the life of the feature. This is most typically accomplished though a
Homeowners Association. The city will be responsible for maintenance of the underdrain,
outlet pipe and inlet protection device at the curb. An operations and maintenance manual
shall be developed describing how the feature will be maintained and by who will be
responsible for the maintenance.
15.The applicant shall include tree 119 and 129 into the protection plan.
16.The drainage and utility easement shall extend from top of bank to top of bank for the
proposed channel.
17.The 988 and 986 contours shall be broadened to create a more laminar flow before
discharging onto city right-of-way.
18.The plan shall maintain a separation of at least two (2) feet between peak flow elevation in
the channel during the 100-year storm event and the top of bank for that portion behind the
proposed structure on Lot 1.
19.The SWPPP as well as the erosion control plan must indicate how the conveyance from the
wetland will be permanently stabilized.
20.A detail of the rock checks must be included. This shall be consistent with Technical
Supplement 14C to Part 654 of the National Engineering Handbook.
21.An estimated surface water management connection fee of $14,066.50 will be due with the
final plat.
22.The plans must meet all requirements set forth by other agencies with authority over the site.
The applicant is responsible to procure all necessary approvals and permissions. This
includes, among others, the MN Pollution Control Agency and the Minnehaha Creek
Watershed District.
Planning
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City Council Summary – April 28, 2014
1.Lots 1 through 4 are the only lots included in the land use map amendment from
Public/Semi-Public to Residential Low Density.
2.Approval of the Land Use Amendment is subject to Metropolitan Council determination of
consistency with system plan.
3.Lots 1 through 4 are the only lots included in the rezoning from Office Institutional District
to Single-Family Residential.
4.Approval of the Rezoning is contingent upon approval of the final plat and execution of the
development contract.
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
(Councilman Laufenburger rejoined the council for the remainder of the meeting.)
COUNCIL PRESENTATIONS:
Mayor Furlong invited people to attend the breakfast being held by
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the Southwest Metro Chamber of Commerce at the American Legion on Tuesday, May 6 where City and
County projects will be updated.
ADMINISTRATIVE PRESENTATIONS:
None.
CORRESPONDENCE DISCUSSION:
Mayor Furlong noted the letter from Laurie Susla regarding
Lotus Lake Conservation Alliance’s continued contributions to the watercraft inspection program.
Councilman McDonald moved, Councilwoman Tjornhom seconded to adjourn the meeting. All
voted in favor and the motion carried unanimously with a vote of 5 to 0. The City Council meeting
was adjourned at 9:15 p.m.
Submitted by Todd Gerhardt
City Manager
Prepared by Nann Opheim
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