CC 2005 04 25
CHANHASSEN CITY COUNCIL
REGULAR MEETING
APRIL 25, 2005
Mayor Furlong called the meeting to order at 7:00 p.m.. The meeting was opened with the
Pledge to the Flag.
COUNCIL MEMBERS PRESENT:
Mayor Furlong, Councilman Lundquist, Councilman
Labatt, Councilwoman Tjornhom and Councilman Peterson
STAFF PRESENT:
Todd Gerhardt, Justin Miller, Roger Knutson, Kate Aanenson, Jill Sinclair,
Paul Oehme, and Todd Hoffman
PUBLIC PRESENT FOR ALL ITEMS:
Deborah Lloyd 7302 Laredo Drive
Janet Paulsen 7305 Laredo Drive
PUBLIC ANNOUNCEMENTS:
Mayor Furlong: That was one of the best Pledge of Allegiances we’ve had. There was good
volume especially with some young voices. That was great. That was great. I’d like to
welcome everybody here this evening, and those watching at home as well. This evening I guess
the first item, the first matter I’d ask is if there are any revisions to the agenda as published? One
item I’d like, I’m sorry, Councilman Lundquist. We’ll do that on the, well we’ll do that when we
get to the consent. One thing I’d like to do is add the proclamation contained in item number F,
or publishing item number F to the consent agenda as well for approval by the council. So is that
an item number i? If there are no other modifications to the agenda then we’ll proceed with the
agenda as distributed with the council packet.
ARBOR DAY PROCLAMATION AND INVITATION TO ARBOR DAY EVENTS ON
SATURDAY, MAY 7.
Mayor Furlong: The first item on tonight’s business for public announcements relates to
Chanhassen’s Arbor Day festivities. The proclamation that I just moved to consent agenda
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designates Saturday, May 7 as Arbor Day here in the City of Chanhassen. I’d like to invite all
residents, their families and friends to our Arbor Day festivities. They’ll be held on Saturday,
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May 7 at the Chanhassen Library and City Center Park just outside City Hall here. In the
morning volunteer groups will be cleaning parks and gather for a luncheon around noon out here
in the park. One thing I would offer too is that there are some more parks that are available so
some groups that are interested in helping clean parks, please contact City Hall, ask for Jill
Sinclair or the receptionist will be able to contact you as well so if you’ve got a group of Cub
Scouts or Girl Scouts, Brownies or something like that that you’d like to get involved, we’d
certainly appreciate your help. We’re also going to have some programs. Jim Gilbert, a local
naturalist and author will be giving a presentation at the Chanhassen Library in the Wilder Room
at 10:30. Norma Sommerdorf, who’s the author of “An Elm Tree and Three Sisters” will read
City Council Meeting – April 25, 2005
her book in the children’s area at 11:00. Again at the library. There will be free seedlings given
away, story telling time, the master gardeners will be here to answer questions. It’s a fun event.
It’s a great way to get together, celebrate spring. Help clean up the city and plant a few trees so
I’d encourage you, if you are available, or put it on your calendar to be available to join in the
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Arbor Day festivities Saturday morning, May 7.
PRESENTATION OF ARBOR DAY POSTER CONTEST WINNERS.
Mayor Furlong: As part of Arbor Day we have a poster contest and this year we had a number of
posters submitted. Tonight it’s my privilege and honor to pass out the awards for those. As we
get started here, if you’d like to look up behind us, these are some of the posters that were
submitted as part of the process so at this point I’m going to come down in front and invite up
some of the children to join me. With me tonight too is Jill Sinclair, who is the city staff, our
Environmental Resource Specialist and Ron Olson who’s on our Environmental Commission.
As Mayor of Chanhassen I’d like to congratulate all the children who participated in this year’s
event. Every entry, as you can see was creative, unique and that’s part of the fun of being
involved in these projects. I’d like to invite up some of the students who participated and are
receiving special recognition. If they could come up and join us up here and stay up here, we’d
appreciate it. Allie Vreeman. Is Allie here? Excellent. Caroline Morgan. Bob Pohlen. Sierra
Tomassoni. Danielle Magnuson. And Paige Haller. Why don’t you stand right up here with us
if you would. Just a minute. Then our grand prize winner, who’s poster has been framed, we’ll
show that in just a second. That will be displayed at City Hall, is Lauren Kohler. Lauren, if
you’d like to come up. Stay right here Lauren. Let’s give all these children a round of applause.
PRESENTATION OF CERTIFICATES OF APPRECIATION TO OUTGOING
COMMISSION MEMBERS, RICH SLAGLE, STEVE LILLEHAUG, CRAIG
CLAYBAUGH, AND DEBORAH YUNGNER.
Mayor Furlong: The other thing we’d like to do tonight is present some certificates to members
of a couple commissions. These individuals have helped serve on our commissions. They spent
a lot of time, volunteer their time for the city to help out. We have 2 former commissioners that
are here this evening. I’d like to invite them forward at this time if I could. Steve Lillehaug.
Steve was involved on the Planning Commission and along with the staff and citizens of
Chanhassen I’d like to thank you Steve for your years of service. We appreciate your diligence
and all the effort you put in. You prepared for the meetings probably better than just about
anybody and you’re going to have some big shoes to fill there in terms of the work that you did.
Part of the accomplishments that were done when Steve was on the Planning Commission, we
went through an update of the Chanhassen City Code. He was involved with facilitating the
review of the 2005 AUAR which is the planning, the environmental planning for the southern
part of Chanhassen. We created some standards for multi-family density to encourage good
development in our city, and he was involved, especially with traffic issues in the city so Steve,
thank you. Appreciate your time and efforts and thank you very much. I’d also like to invite up
Deborah Yungner. Deborah served on the Environmental Commission and Deborah, on behalf
of the council and the commission and all the residents, thank you for your time and effort on the
commission. Deborah was appointed in August, 2001 and served a full term and we appreciate
her creative and passionate voice on the commission. The Environmental Commission is one
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City Council Meeting – April 25, 2005
that deals with education and they’re very creative as a group, which we appreciate at the council
level. Some of the accomplishments by the commission during her tenure included the
establishment and improvement of the Environmental Excellence Awards. Recycling coupon
project for the Carver County Recycling Center which has been very, very successful as a city.
Also distribution of the Blue Sky Guide to new residents. So again, thank you for sharing your
expertise and passion on our Environmental Commission and we appreciate all your efforts. I
understand Craig Claybaugh, also was on the Planning Commission is here tonight. Hi Craig.
Craig Claybaugh: How you doing.
Mayor Furlong: Didn’t see you over there. Again Craig’s involvement on the Planning
Commission, I read off some of the accomplishments he and Steve served simultaneously
together on the commission and went through a lot of issues. Craig’s background, especially on
the construction issues was definitely helpful and good contribution to our commission so Craig,
thanks very much.
CONSENT AGENDA:
Mayor Furlong: To be clear, the request for removing something from the consent agenda is not
only available to the council members but if there’s somebody in the audience who would like an
item separately discussed, they’re free to come forward to the podium and ask for that as well so,
at this point I would ask if there’s any items that wish to be pulled from the consent agenda for
separate consideration.
Todd Gerhardt: Mr. Mayor, 1(d). Memorandum of Understanding for Trunk Highway 212
Decorative Railing Maintenance. Staff would ask that this item be tabled for 2 weeks to allow us
some additional time to meet with MnDot and discuss some potential changes.
Mayor Furlong: Thank you. Without objection we’ll do that. Any other items?
Councilman Peterson: Mr. Mayor, I’d like item 1(h) pulled off for separate discussion.
Mayor Furlong: You want to pick that up right after or move it to old business?
Councilman Peterson: Sure. Right after’s fine.
Mayor Furlong: Okay. Is there anything else? If not, is there a motion to approve the consent
agenda as published, excluding items (d) and (h).
Councilman Lundquist moved, Councilman Peterson seconded to approve the following
consent agenda items pursuant to the City Manager’s recommendations:
a. Approval of Minutes:
-City Council Work Session Minutes dated April 11, 2005
-Board of Review and Equalization Verbatim & Summary Minutes dated April 11, 2005
-City Council Verbatim & Summary Minutes dated April 11, 2005
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City Council Meeting – April 25, 2005
Receive Commission Minutes:
-Planning Commission Verbatim & Summary Minutes dated April 4, 2005
Resolution#2005-43:
b. Call Assessment Hearing for 2005 Street Improvement Project 05-
01.
e. Fox Den, 6500 Chanhassen Road, 10 Spring, Inc.:
1) Final Plat Approval.
2) Approve Construction Plans & Specifications, Project 05-10.
Resolution#2005-44:
f. Approval of Quit Claim Deed, TH 101 Gap Project/Jesberg
Property.
g. Approval of City Code Amendment to Chapter 20, Article XXXI, Bluff Creek Overlay
District.
i. Arbor Day Proclamation.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
STNDRD
H. FINAL APLAT APPROVAL, HIGHCREST MEADOWS 1, 2, 3 ADDITIONS.
Councilman Peterson: Mr. Mayor I just want to pull that, I didn’t want to vote on it with the
consent agenda primarily because I’m going to vote against it on the same basic vote that we did
a few weeks ago that, with the cul-de-sac versus non-cul-de-sac and I again want to vote against
it primarily because I don’t think it’s in the best interest of our community to have long cul-de-
sacs and I support the comprehensive plan that states that we do try to pull together our
individual communities into one and the cul-de-sac system that we’re putting through this 1(h)
tonight does not do that so I’m going to be voting against that.
Mayor Furlong: Thank you. Is there any other discussion? With that, is there a motion?
Councilman Lundquist moved, Councilman Labatt seconded to approve the final plat for
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Highcrest Meadows 1, 2, 3 Additions (formerly known as Yoberry Farm). All voted in
favor, except Councilman Peterson and Mayor Furlong who opposed, and the motion
carried with a vote of 3 to 2.
VISITOR PRESENTATIONS:
Dick Mingo: My name is Dick Mingo, 7601 Great Plains Boulevard. 47 year resident here of
Chanhassen. I’m here, I just got back from Florida and, in fact several weeks or maybe even a
month or so ago we got a message from one of our nieces that you folks have decided to drop the
name of a little street down a road here. It was kind of a crumb dropped in my wife’s hand. She
worked on this for about a year and a half to establish this where you people now have changed
the name of Pauly Drive to the real original name of Market Avenue. I was up here this
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City Council Meeting – April 25, 2005
afternoon and talked to Justin and I find out the city doesn’t even own that street anymore.
Supposedly you sold the street. I guess I’m a real rookie in this business. I didn’t realize the city
could sell streets and then change the names. I just wondered, did any of you before you went
through with this ask any questions? Now why did we name this Pauly in the beginning? I
suppose the gentleman that is building the place down there thought this was named after some
jerk down the road named Paul so they called it Pauly’s. I just want to inform you, if you did the
same thing over here at our church by putting that building right in front of the historic site. The
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only national historic site here in Chanhassen, which was established back in March 19 of 1982.
People said that was not true and have since done some very thorough research on it. It was
established as a historic site, but anyhow the street has now had it’s name changed. The Pauly
family came here in 1853. Several brothers. They owned the land really from about where the
catholic church is now, virtually all the way down to Lyman Road. In fact Mr. Lyman, where he
had his turkey farm, he purchased that land from one of the Pauly brothers. The church and the
graveyard, the land that that exists on was donated by one of the Pauly brothers. Again, my wife
spent a year and a half on this and she didn’t even want to show up tonight because she was so
upset over this. I take you back to a letter from the City of Chanhassen. This was dated July 17,
1991. Subject: Naming of a Street. And I quote, the City is preparing to record the Easy Rider
Addition, which happens to need a street name. The Easy Rider plot contains property just south
of the Chanhassen Bowl and east of Market Boulevard. Staff contacted Rosemary Mingo,
Rosemary, it should say Pauly Mingo, and ask if the street in Easy Rider plot would be
acceptable to be named after the Pauly family. She agreed to naming the street after the Pauly
family since it was located in the downtown area. Therefore the street in the Easy Rider plot will
be named Pauly Drive. Then in the City Council meeting of August 12, 1991 that was approved,
and I just might mention that a couple of people on that City Council, one was Ursula Dimler.
Another one, Thomas Workman, who surely gets in the news quite a bit. Mike Mason was on
that council. Richard Wing and I do not have the name of the fifth member at that time. But I
just wish again, would some of you people when you do a few of the things, would you please
check a little of the history of this community. Most of you are rookies around here. Yeah, you
might have been here 10-15 years but what’s that? I just feel really sad that you would be able to
change the name of that street, and like I say really all it is is a little back alley. It really didn’t
amount to much, but I know it’s probably too late to rescind this but as you get your future
developments, and there’s going to be more in the south end of town here, would you please
consider naming one of these streets after the Pauly family. Historically they’re the oldest family
in this community. You’ve got Lyman Road and as I say, Lyman bought his property from the
Pauly’s. You’ve got Coulter out here on the western part of town. Gene Coulter, very good
friend of mine. Was the mayor briefly. And just so happens that who is married to, but a Pauly
lady, and by the way we just had the funeral for his wife Clarice this past Friday. Your first
mayor, Mr. Furlong, was Gerhardt Schroeder. Guess who his wife happened to be? She was a
Pauly. So the Pauly family goes back a long way and I wish when you do a few of these things,
sure you put it in a little bulletin and you send notices out to people but who did you send the
notice out that you were going to have this meeting? To a bunch of businesses around that area.
There isn’t a damn one of those that probably the owner probably lives in this town that knows
anything about the history of Chanhassen. What do they care? Get rid of that name. We’re
going to call it some real original thing, Market Avenue. Isn’t that beautiful? Call it Main
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Street. Third street. 16 Street. Historically isn’t that wonderful. So again, I just want to voice
a complaint and would hope that if there’s any way you could correct this, we would surely
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City Council Meeting – April 25, 2005
appreciate it. And if not, please bear in mind that we would like to see the Pauly name
somewhere on the street. We had hoped it would be somewhere in the original location of Pauly
property, which like I say ran from the church all the way out to Lyman Boulevard. Covered
where the Legion is now. The old Gustafson farm, etc.. I appreciate your attention. Thank you.
Todd Gerhardt: Mr. Mayor, I just agree with Mr. Mingo there. We used to have Coulter
Boulevard used to run the east/west road out in front of City Hall and we re-located that road as a
part of the library construction, but we did re-name Coulter Boulevard that runs by Bluff Creek
Elementary. General Mills and a few residential areas. We will work with Mr. Mingo in the
future in trying to find our appropriate road to relocate the Pauly name on that road as our
practice has been in the past.
Mayor Furlong: Okay, thank you. Thank you for your comments Mr. Mingo. We’re still in
visitor presentations so if anybody else would like to come forward. Address the council on a
matter. Tonight I think we have Mr. Bill Jensen with Mediacom here this evening. Good
evening Mr. Jenson, if you’d like to come forward.
Bill Jensen: Thank you Mr. Mayor. I do have a power point presentation as well. I think I told
Justin Miller I would only take 5 minutes so I’ll zip through this, okay. Then you can follow
along either on the screen or the handout. The handout that I gave to the City Council and the
mayor is of course a copy of the presentation that I’m giving, as well as our current programming
and rate structure. And then there’s a little, just a nice Mediacom feel good piece. I think I have
a couple extra copies. Usually when I address the City Council here I always avail myself a
couple minutes after the meeting outside if any customers have some questions of me so, without
further ado. A quick update on Mediacom and our customer operation here in Chanhassen. So if
we can go to the first slide please. Right now in Chanhassen the video, the cable television side,
we have 8,081 customer with our cable television and the high speed internet service. Homes
passed means essentially that 8,081 homes in Chanhassen have the option or the ability to get our
service. We have 4,513 basic cable customer or 56% penetration, meaning 56% of the homes we
pass take our cable service, and that’s pretty good. Digital subscriptions or digital video, 31% or
1,390 customer. And on high speed, great number. 2,295 customers subscribe to our high speed
internet, or 51%. And again this customer count, this is for the City of Chanhassen, is as of April
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18. Next slide please. We just opened in the past month over in the Chanhassen Lakes
Business Park, a Chanhassen Technical Center. When we’re fully ramped up within another
month we’ll have 60 employees over there, mostly technical. We will have 2 customer service
employees, and we do plan on having the office open for payments, converter equipment pick-up
or drop off, Monday through Saturday. Next slide please. Some new services for Chanhassen.
We actually had this with Mediacom for about a year now, but we do 7 days per week
installation and service call or trouble call repair visits right here in Chanhassen. We also have, I
think the last time I was here many of our customers have asked, when can we pay our cable bill
online. You can do that. We have an interactive web site now through the Mediacom cable.com
site. If you’re a first time user like with most internet sites, you need to register. Put in your
account number, but you can make changes to your account and your billing there. We also
offer a high definition TV. We have at least a dozen high definition channels. Right now we
have a couple of the broadcast channels out of Minneapolis that we carry in hi def. We also have
two services, they’re both really related. One is video on demand, or VOD. It’s basically
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City Council Meeting – April 25, 2005
ordering a pay per view movie when you want to get it. Before our previous pay per view was
you would have to order the movie when it was scheduled. For example, you know if you
wanted to watch Top Gun and it came on at 7:00 and 9:00, you had to pick those times. Video
on demand allows you to order that movie anytime of the day that you want to order it. You can
pause it. You can rewind it. You can fast forward it. You can stop it. You can watch it all over
again, and you get control of that movie for up to 24 hours, all for one price. In subscription
video on demand is free, believe it or not, coming from a cable company something free, but if
you subscribe to Home Box Office, Showtime, Starz, Encore, the Movie Channel, they put some
of their product in the video on demand format and it works much like a video on demand
movie. HBO for a while had the Soprano’s on in SVOD. Subscription Video on Demand. So if
you were a subscriber of HBO, you automatically could receive any of the HBO programs
through SVOD so, and it was free. As long as you were a subscriber of HBO or some of those.
Digital video recorders, kind of similar to Tivo. This is not a video tape recorder but it’s built
into our digital converter boxes. It allows you to record up to 60 hours of programming that
either automatically you can set the schedule and the timer within the converter through the
remote control, or you can instantly record. And you can keep those programs on there as long
as you like. And then last but not least the triple play, what we like to call telephone service.
We expect later this summer, sometime in July to roll out telephone service. A lot of the
communities that we serve in Minnesota, especially southern Minnesota, we are competing with
the local telephone company where they already have had telephone service and high speed
internet service through DSL. They’re actually already offering video through the phone lines.
Now the closest community here to Chanhassen here would be St. Peter, where Hickory Tech for
6 years now has offered video programming through their phone lines. So finally we’ll be able
to catch up with the phone company and be competitive with them. One of the nice things about
telephone service with Mediacom, number one. All calling throughout the United States, long
distance calling will be free. There will be no long distance charge. You can even call Canada.
The beauty of the triple play is to bundle or becoming, having one telecom provider with all of
your services through one telecom provider. The triple play means video, high speed internet,
and then of course telephone service. So more to follow on that. Next slide please. Questions,
Mr. Mayor and City Council members.
Mayor Furlong: Thank you. Questions for Mr. Jensen.
Councilman Peterson: You’d mentioned that you got a couple, one or two HD broadcast stations
now. What’s the plan to get the remainder? Is there a plan right now?
Bill Jensen: Right. Right now the broadcast channels out of the Twin Cities that we have in
High Definition format are KARE 11, NBC and then Twin Cities Public Television. We’re real
close on ABC. Trying to get that last year of Monday Night Football in. I’m sure by now many
of you have noticed that, or read in the newspaper that Monday Night Football will be
transitioning in the 2006 season over to ESPN. But we’re real close with ABC and we should
have that up in hi def within the next probably 2 months. CBS and FOX, those are a national
deals that we’re doing. That we’re negotiating with their parent corporation, FOX Broadcasting
and CBS. I’d like to have them up and running by the fall, but we need their permission to carry
them. If I didn’t need their permission they would have been on a year ago so. So good things
to follow yet on hi def.
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City Council Meeting – April 25, 2005
Councilman Peterson: Are your trends for subscriptions up, maintaining, down?
Bill Jensen: Well I would say they’re up right now. We expect them to increase hopefully
dramatically for us. When we can roll out the telephone, the third element of the triple play. A
lot of, you know we do have competition locally. Not so much from the phone company here on
the video side, but with the satellite dish industry. And we’ve been able to show that the satellite
dish penetration in this market place and this part of metro Minneapolis is averaging about 25%,
which is generally above the norm in America so we’re real happy with where we are on our
subscriber base. We do lose subscribers on a regular basis that go over to what I like to say the
dark side, to the satellite dish, but you know good, bad or indifferent we end up in most cases
getting them back. We have a win back program that we buy their satellite dish back from them,
so the net effect is we’re growing. If it wasn’t for the dishes we’d probably be in real great
shape, but hopefully the city has seen an increase in your franchise fees and I think you have,
which is, you know that happens for a couple of reasons, but we’re very happy with again
opening up the technical center here in Chanhassen. You know we’ve got great customers here
so we’re glad to be here so.
Councilman Peterson: Thanks.
Mayor Furlong: Other questions?
Councilwoman Tjornhom: I think I heard in the news or read in the paper that you merged or
you bought Time.
Bill Jensen: No. We should be so lucky to be Comcast in buying some of the Time Warner
cable systems. What appeared in the paper yesterday, nationally there’s a cable operator that has
been in bankruptcy for about a year and a half called Adelphia. Comcast and Time Warner
jointly bid on those assets. The bankruptcy judge still has to approve it. We’re sure they will
and then Comcast and Adelphia are trading out systems as part of the purchase, so Comcast is
buying, is trading out the Time Warner Minneapolis cable system over to Comcast and then
Comcast is trading out some systems elsewhere in the United States. We’re not connected with
Comcast or Time Warner so, unless you know something I don’t we’re staying right here at
Mediacom.
Councilwoman Tjornhom: No.
Mayor Furlong: Any other questions? Councilman Lundquist or Labatt? No. Well Mr. Jensen,
I know customer service is a big issue and having the, your new technical center here in town,
not only do we appreciate having businesses locate here but having your business especially
locate here in terms of providing the opportunity for residents to be a little closer in touch with
you and your company I think will be beneficial for everybody so…
Bill Jensen: Well appreciate that.
Mayor Furlong: Very good.
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City Council Meeting – April 25, 2005
Bill Jensen: And Mr. Mayor, I’ll go out in the lobby and I saw you had a no firearms sign out
there so I’ll wait in the lobby, if anybody would like to speak with me individually.
Mayor Furlong: Okay, very good.
Bill Jensen: Thank you.
Mayor Furlong: Thank you. Is there anybody else that would like to come forward as part of
our visitor presentations this evening? If not, we’ll move on then.
LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE.
Sgt. Jim Olson: First off I would like to introduce Community Service Officer Chad Steffen to
the council this evening. Chad currently lives in Farmington and has been with the city for
approximately 7 months. Chad has been a CSO with the City of Richfield and also dispatched
for Cannon Falls for 2 years for the Cannon Falls Police Department. He is currently eligible to
be licensed as a police officer, and from a selfish standpoint I kind of hope it takes him a while to
find a job. He’s doing a very good job for the city and I’m glad he’s here. Chad is very good at
problem solving and also at finding solutions to problems before they come up so I’d like to
introduce Chad Steffen…
Chad Steffen: Good evening Mayor and council members. Again I’d just like to thank you for
the opportunity to get the experience as a Community Service Officer at the city. I look forward
to a busy and fun summer here at the city and I also know that we’re on, tackling a lot of
different animal issues at this time. I’d like to address the council and the members at large, a
reminder of the waste clean-up ordinance which Chanhassen has. I’d encourage all citizens to
remember to clean up the waste and feces of their animals that are left and disposed on properties
throughout the city. One of the things that we are noticing currently are people that are cleaning
up, or leaving their feces in the bags are ending up in different ditches in areas within the city so
I remind people and I encourage everyone to put those feces in a plastic container and just
dispose of them properly. Secondly, it’s especially important with the waste clean-up if it’s on
your neighbors property. I’d encourage everyone to be good neighbors. I encourage everyone to
be great animal owners. Owning dogs myself I know it’s a challenge. And lastly, which is
always an issue and we get a lot of calls of our dogs off their leash. I encourage all citizens and
things to keep their dogs on a leash and this prevent things like dog bites, unprovoked and things
like that. And also double check your Invisible Fences. I know we have a lot of citizens within
the city right now that are just getting some installed. I really encourage that. However I also
encourage to follow-up. Make sure the battery, which is on the dog’s neck and such work.
That’s all I have, thank you.
Mayor Furlong: Alright, thank you. Good reminders. Thank you for your service as well.
Chad Steffen: You’re welcome.
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City Council Meeting – April 25, 2005
Sgt. Jim Olson: Thanks Chad. For the month of April, I’d like to talk a little bit about the sheriff
office area report, which is included in your packet for the month of March. Also the sheriff
office area citation list. The community service officer report, and a copy of some crime alerts
that were put out for March this year. Monthly numbers. It was relatively quiet for the month of
March. Total calls for service were down by 179 compared to last year and criminal calls were
down by 43 for the month compared to last year. Some of the things that contributed to that,
thefts were down by 26 for the month and they’re down by 37 for the year. If you remember last
year we had all the thefts of flags that were occurring in the city. We have not had that this year
and that certainly has helped with that. Damage to property calls were down by 12 for the month
and are down by 7 for the year. Suspicious activity calls were down by 20 for the month.
Traffic stops were down by 61 for the month, but they are up by 34 for year to date. Citations,
they were down a little bit also for the month of March. They were down by 17, but they are up
by 61 for the year. Traffic accidents were up for the month over last year. We had some bad
weather in the month of March, a few different days there and I think that contributed somewhat
to that. Any questions at all on the numbers? Monthly numbers. Okay. I also just wanted to
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touch on our traffic counts that we’ll be starting on May 2 in the city that will be focusing
solely on traffic control and there will be an article in Chanhassen Villager this week that will be
talking about the traffic car and Deputy Walgrave was interviewed today so that will be in this
month. I also wanted to touch on curfew. It is certainly getting to that time of year and just
remind residents what the curfew laws are in the city. Juveniles under the age of 12 need to be in
by 9:00 Sunday through Thursday and then by 10:00 for Friday night and Saturday night.
Juveniles 12 to 14 years old, 10:00 Sunday through Thursday and 11:00 Friday and Saturday.
And juveniles 15 to 17 years old, 11:00 Sunday through Thursday and they need to be in by
midnight on Friday and Saturday night. I also want to touch on open garage doors. We’ve been
seeing more open garage doors as the weather warms up. Don’t forget to close your garage door
at night, and it’s even good practice to keep it closed during the day if you’re not inside your
garage. Open garage doors are an invitation to somebody if you’re not there. Any questions at
all for myself for this evening?
Mayor Furlong: Any questions for the Sergeant?
Councilman Lundquist: Sergeant Olson, can you define what you mean by in on the curfew. On
your property? Actually in the house? In the neighborhood? What you consider in.
Sgt. Jim Olson: Absolutely. You need to be on your property or in your house by those times.
Councilman Lundquist: So playing in the back yard after 9:00 is okay for kids under 12:00
right?
Sgt. Jim Olson: Yes, that would be okay. That would be okay.
Mayor Furlong: Anything else? No?
Councilman Labatt: No.
Mayor Furlong: Very good. Thank you Sergeant.
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City Council Meeting – April 25, 2005
Sgt. Jim Olson: Have a nice evening.
Mayor Furlong: Thank you. Chief Geske is here with the fire department. Good evening Chief.
Chief Gregg Geske: Good evening. I guess as you saw in the council update, our call numbers
are down again also, which continuing this month and this year, which is a good thing. We did
recently have a fatal car accident a couple weeks ago, which was, we had one fatality and we
took 3 people that went downtown with that accident, and was due to I guess some speed and
some conditions, wet conditions that we had. We also responded to a mutual aid for Eden
Prairie, a structure fire. We did not have any structure fires in the last month. Recent rain has
helped grass fires. We haven’t had a whole lot of grass fires so that’s helped. There still is a
burning ban and I know there was some questions about that last month and in the update our
Fire Marshal did update and I want to let the viewers know that if you have any questions about
recreational fires, you can read about that on the web site. So you can look that up. We are still
currently recruiting for new hires that we’ll have coming up and there’s some notes in the paper
about that. Flyers that we’re putting out and a sign out on our marquee out in front of the fire
station. We, coming up in May here we’ll have our fire department banquet where we take an
opportunity I guess to recognize people that we have on the fire department that have made
milestones. A couple 20 year members that were celebrating and also 25 year member, and then
we’ll also select a Firefighter of the Year that we have, so we’re looking forward to that. And
that’s all I have this evening.
Mayor Furlong: Thank you, any questions for the Chief? No? Very good, thank you.
PUBLIC HEARING FOR 101 GAP MUNICIPAL CONSENT PROJECT 04-06.
Public Present:
Name Address
Al Klingelhutz 8600 Great Plains Boulevard
Victor Vasas MnDot
Lynn Clarkowski MnDot
Scott Pedersen MnDot
Cindy Hanson Niece Eden Prairie
Joe Wellu Eden Prairie
Patricia & Jeff Gorrall 8560 Mission Hills Circle
Roger Gustafson 722 Ashley Drive
Chris Culp Minneapolis
Tom Houston 8520 Great Plains Boulevard
Ken Wencl 8412 Great Plains Boulevard
Tammy Harris 84089 Great Plains Boulevard
Kari Nettesheim 9151 Great Plains Boulevard
Rob & Susan Erickson 513 Mission Hills Drive
Pete Voas 8450 Mission Hills Circle
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City Council Meeting – April 25, 2005
Susan Christenson 12142 Radisson Road, Blaine
Hungching Chen 8470 Mission Hills Circle
Mike Hidding 8415 Mission Hills Lane
Mayor Furlong: The purpose tonight, we’ll get a staff report or an update from staff and open up
the podium for the public to make comments on the project. We’re not going to be considering
the actual municipal consent tonight, so we won’t be taking a vote on this, which is good. It
gives us an opportunity to take into account staff’s work and the comments that we hear this
evening as well, so at this point I’d like to invite the staff. They’re going to give a quick report
first and then we’ll open up the podium to the public.
Paul Oehme: I’ll just introduce them.
Mayor Furlong: That’d be great. Thank you, I’m sorry. I didn’t know if you were coming for
the public hearing. Somebody go.
Paul Oehme: Sorry Mayor. Thank you council members. Tonight we’re going to, again we’re
going to consider the 101 gap project. This project has been on the books for a number of years
now and in working with MnDot and the county on a regular basis on trying to look at funding
sources and alternative alignments and improvements to this corridor. MnDot will briefly give
an overview of the project and for your consideration and also would like to open up the floor to
the public for public comments as well. We’ll try to address any of those questions that you may
have or the public may have at that time so, at this time I’d like to have MnDot give their
presentation.
Mayor Furlong: Okay thank you. Welcome.
Lynn Clarkowski: We just have a few brief comments.
Mayor Furlong: If you could just state your name for the record too please.
Lynn Clarkowski: My name is Lynn Clarkowski and I’m a MnDot Metro Area, South Area
Engineer. Mr. Mayor, council members, City Manager Gerhardt, we’re here tonight as a part of
the 101 gap municipal consent process for the public hearing. I’m here tonight with Victor
Vasas, our design project manager, and Scott Pedersen, design engineer as well, to give you a
few brief overview, scope of the project and schedule of the project. To answer any questions
that the city and the public has with regard to this project. We’ll take just a few minutes and
have Victor give you a brief overview of the scope and the schedule. A little bit more detailed
schedule. As well as some cost participation the city can anticipate. And then open it up for
questions that you may have. I’d like to take just a few minutes to thank the city and the county.
We’ve been working on this project for, in more recent years about the last 2 years getting the
project to this stage where we’re about to let the stream relocation project later this summer, and
I know the city has been working hard for a lot longer than that, probably the last, from what I
can understand, probably the last decade or so, preserving the right-of-way along this new
section of 101 and MnDot would just like to thank the city and the county for working with us on
this important project that, as you know, will connect the new 212 corridor with your Highway 5
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City Council Meeting – April 25, 2005
and the downtown area of Chanhassen. So with that I’ll just let Victor just give a very brief
overview of the project and the schedule and we’ll be available for questions. Thank you.
Mayor Furlong: Sounds good.
Victor Vasas: Mr. Mayor, council member. My name is Victor Vasas. I work for the plan
project…section for MnDot’s Metro Division. Thank you for the opportunity to present this
project to you. The project mainly includes a half a mile section of the existing Trunk Highway
101. This project is, this highway because of the 2 lane highway that collects Trunk Highway 5
and has proposed alignment to Trunk Highway 212. Our project is going to take care of the gap
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section of this highway between the proposed two road projects from West 86 Street to Lake
Drive. The project…several potential safety problems. We’ve got side curves. Really sharp
drops in the…existing road. Also in-grade crossing just south of the Lake Susan Apartment
building. The road is going to diverge from the existing alignment, coming just around…and
then keep parallel approximately for the existing road. This new road is going to provide 2 lanes
in each direction separated by a 16 foot concrete median. Also they are going to construct…
trails about 10 foot wide on each side of the highway, and providing an underground passage by
pedestrian tunnel at the Lake Susan Apartment building, approximately the same location that
the present crossing is. The schedule for the project basically shows an interesting feature that
because that is an environmentally sensitive area, that Riley Creek, that would be covered by the
new widened road, slopes and alignment, that would have to relocate…to the east about 200 feet.
In order to do that we separated this project into two segments. One of them is the creek
relocation project that’s going to be let in August of this year. Going to be constructing
approximately October and November of this year. The second major segment in the project is
the actual road construction that’s going to be starting next year, in October, and probably
finished probably 07…somewhere like that. This is mainly the schedule of… The new road also
resolves the existing problems of 101 and numerous private driveway entrances in the road that
everybody can see that it’s a safety hazard, especially in winter, at night when backing out of
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those driveways into the traffic is hazardous. So the new access at West 86 Street. We are
planning a right-in/right-out access at Mission Hills Lane, and a 4 point access point at Lake
Susan Apartment buildings… The other topic I would like to touch on is short presentation is the
cost and funding of this project, because it’s important for the city. The cost of the project
approximately around $2.5-$2.6 million dollars, of which about $580,000 will be city expense.
That will include…pedestrian tunnel, underground tunnel. Some trails…city to add to the
project scope. …relocation is that provided by the new road alignment and the underpass. Some
lighting fixtures…going to provide an important safety feature and access to the development
east of Trunk Highway 101. And some curb and gutter and storm sewer in the existing Trunk
Highway 101 that will remain in the cul-de-sac, dead end, a private road… Residential road.
Todd Gerhardt: Victor, can I just ask you to grab the microphone and turn it towards you. I
think some of the people in the back are having difficulty.
Victor Vasas: I’m sorry. So the majority of the expanse of this road construction will be...
covered by MnDot and Carver County. So I think with that I arrive to the end of my presentation
and would like to take any questions.
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City Council Meeting – April 25, 2005
Mayor Furlong: Okay, thank you. Well we’ll wait for a second. Are there any questions from
the council? Just a couple for clarification, and one the timing and being familiar with the
schedule for the 212 project, which I think the schedule is going to be going on concurrently. Is
it the expectation that this will be seeing this with the 212? Are we going to have this work
going on at the same time that the 212 realignment is going on as well?
Lynn Clarkowski: As most of you know the 212 project will begin throughout the corridor
starting this summer. Pretty quick here. But the finish date for the 212 has been extended to the
fall of 2008 so it actually is a good thing that these projects will overlap and will see hopefully
some of that more beneficial cost effectiveness of having contractors working close by to this
area, so we do anticipate still letting this in the fall of ’06. The major roadway project with most
of the work being done in ’07, and the work on the 101 interchange, because of some soil issues
will be kind of one of the longer parts of the project with some of the soil corrections that need to
take place in this vicinity so yes, hopefully they will end up about the same time for completion
date.
Mayor Furlong: The other question I have is with regard to traffic interruption during the
construction project. I know that with 212, because they’re going on a fresh new alignment, the
existing roads will be used until such time as the new roads are built. Do you anticipate, because
of the same, the realignment here, that traffic along 101 will have, will there be significant
interruptions or closures or will it be able to be minimized as part of the project?
Lynn Clarkowski: Because of the new alignment we do anticipate that we’ll be able to start the
work off line and that they’ll be able to use the existing 101, which is a very good thing. Of
course when they’re tying in those areas, there are going to be intermittent closures and periodic
closures. It should work out well but to be honest we haven’t figured out entirely the
construction staging yet. We’re not totally into that phase of the project but from the preliminary
work we’ve done, we think most of it, the existing road should be able to be kept open.
Mayor Furlong: Okay, thank you. Any other questions for staff at this point?
Councilwoman Tjornhom: Could you go over the numbers again for the funding? Our total
estimated cost.
Victor Vasas: The total price is about $2.5-$2.6 million dollars. That’s what we estimate today.
The city cost would be about $580,000.
Todd Gerhardt: Mr. Mayor, council members. That doesn’t include a credit that the city would
receive in selling the Klein house, so the $583,000 does not include the credit. We’re
negotiating with MnDot on that purchase and we’re looking at somewhere around $130,000 for
the acquisition of that property, so that would be subtracted from the 580 some thousand dollars.
Councilwoman Tjornhom: That’s why…
Todd Gerhardt: Correct.
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City Council Meeting – April 25, 2005
Mayor Furlong: Okay. Alright, any other questions for staff at this point? Any follow-up for
Mr. Oehme at this point? Okay. If not then I’d like to open up the public hearing. Invite
residents and other interested parties to come forward to the podium. Please state your name and
address and to the extent we can answer your questions now we will, and we may take some
under advisement and try to get answers later.
Jeff Gorrall: Good evening Mr. Mayor, and your council. My name is Jeff Gorrall. I live at
8460 Mission Hills Circle. I would butt up against the project. I am new to Minnesota. I
transferred here with a job. For all intense and purposes December of last year of ’04, and of all
the communities I selected Chanhassen, so this is my home. What you see here, I’ve gotten with
several of the neighbors, and again I’m the newest person in the neighborhood, but if you look
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here, this is the condos that is right at 86 Street, at the entrance and there’s a berm right here. I
know it’s difficult to see in this type of elevation, but the request is if we can take this elevation
and run it almost the same level all the way across, and here’s picture 2. And just continue, and
there is a berm there right now, but it’s a very low elevation, and then it goes back up to 3, and
you can see the 2 existing houses that will be destroyed as part of the project, and then it comes
down to what’s Mission Hills Lane, which is where you’re going to open that up. The belief is
that if you can make the elevation of the berm higher, and I guess the other desired outcome on
the project is to keep the actual road elevations at a similar elevation, then I think we as residents
would feel pretty comfortable. Because today you can still see the cars go down. They’re
hidden behind the houses and then they have to come up a hill. So if we get the berm at the same
level as described here, keep the elevation similar. I think I talked to Paul earlier tonight and he
said they may have to raise it somewhat. I think we’d be better off. I think our request is that,
again we took a couple of pictures of houses to show you that this is a fairly nice neighborhood
generating extreme revenue for the city through property taxes. And then the other request is on
Mission Hills Lane, we understand that that’s going to be opened up. In talking to several of my
neighbors they had asked that, can that be the very last thing to happen on the project. Whether
it takes another 5 months or 6 months, because they have little kids and they just get a little bit
more time that they can buy. Let me summarize. So take the berm. Raise it. Follow the
elevation the whole across, and then taper it down to the opening of the street. Take the existing
road elevation. Don’t raise it to the same height as these two houses that you’re taking out,
because then we would literally see the cars, hear the cars because again this thing is really going
to get close to the back of these 4 houses. House #4, House #3, which is us, House #2 and House
#1. As far as our side of the berm, I mean it would be our responsibility as property owners to
maintain that. I haven’t lived here long enough to understand who then takes the other side, but
obviously that could be another conversation for another time. So that is just our perspective or
our request. What we’d like to see the mayor and the council consider.
Mayor Furlong: Okay, thank you. Any quick responses?
Paul Oehme: Briefly. I have talked to MnDot about that specific issue and the berming, and I
don’t know Victor, did you have enough, to talk about that?
Victor Vasas: We are presently doing a cursory review of this berm request and what it would
involve. It would be a possibility. However, there are a couple of issues that we have to address.
One is that about half of the berm would be on private property, so it would have to have permit
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City Council Meeting – April 25, 2005
from the property owners to go in there and construct that berm on their property. Also it’s very
important to always review what’s going to happen with the drainage, so if you put a new berm
there, now where’s the water going to go? Maybe it’s not going to leave the properties any more
by going to pond behind the berm. So we are reviewing that aspect of the question right now
too. Okay?
Mayor Furlong: Thank you. Public hearing’s still open if others would like to come forward and
provide the council comment. Good evening.
Hungching Chan: Good evening Mayor and council members. My name is Hungching Chan
and I have lived in Chanhassen for 5 years. I’m Jeff’s neighbor. I live in 8470 Mission Hills
Circle and in this current house we live there for 2 ½ years. I’d like to say you know we’re in
general support of the project. We think it would eliminate some of the congestion we face
currently in Highway 5. However, the project can also have potential, a lot of potential negative
impact for the property value and the quality of life that we, for the people, residents along the
neighborhood. And so I’d like to affirm again you know our request to build up the berm
because you really cut down the noise level, and also provide some privacy for the
neighborhood. The other thing I like to talk about is some of the trees in the neighborhood, and I
have pictures. This is last February. I took some pictures in my back yard and I just like to point
out these 30-40 oak trees that we’re going to lose during this project, and these are all 100 years
oak trees. And then I went around, put my arms around this, you know I can’t even go around a
tree, and it’s in the 2001 survey of the Chanhassen, the residents said that the reason we live in
Chanhassen is the quality of life and the convenience. And so when you take down all these
trees, our quality of life are really impacted by this. And our neighborhood is really beautiful.
We have two lakes around it. We have ducks, geese come to our ponds and enjoy, and we have
all kinds of eagles there and it’s all because of these trees. I know we’re going to lose the
majority of them, but I’m just pleading to the council if we can keep as many as we could when
we build these berms, and then this is not just, not cutting them down. I think one of the major
issue is if we don’t work with an arborist, a lot of construction work around the trees actually
would damage the root and eventually it would have to go, so I’m just pleading if part of the
project is can work with some arborists and preserve as many trees as we can. I think that would
reduce the level of negative impact to the neighborhood. The third issues I was hoping to talk
about is the speed level. Speed limit on these roads. Currently I believe the speed limit is 35 or
40 and we know, we see a lot of car accidents. I can sit in my back yard, I hear this bang, bang,
bang all the time and all the sirens coming over, so I think if we can reduce the levels of speed,
and I believe the engineer talked about the curves of the road actually presented some safety
issues, so as we reduce the speed on the road, and I think the noise level will cut down and it’s
also safer for the neighborhood. So those are the three requests I presented to council, thank you.
Mayor Furlong: Okay, thank you. We addressed the berms question but we appreciate you
reiterating that. I guess the question on the trees, is there a certain response at this point here
from MnDot or from city staff?
Victor Vasas: Yes we do have a response. We have worked with the forestry survey of the
existing tree stock in this area and within the project limits, and we find it and keep it very
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City Council Meeting – April 25, 2005
important to save as many trees as possible. We are willing to sit down and review how the
project is going to be designed and present our options.
Mayor Furlong: Okay, thank you. Anybody else?
Ken Wencl: I’d just like to know.
Mayor Furlong: If you could come to the microphone Ken so we can, so the people at home can
hear.
Ken Wencl: Ken Wencl, and directed to the Minnesota DOT. Can you give us a start,
approximate state date when you’re going to start working on the present 101 such as the
resurfacing or the curb and gutter or the holding pond or things like that. Approximately. You
don’t have to give a certain date.
Mayor Furlong: You’re asking about existing 101 Mr. Wencl, because that’s going to be, there’s
going to be improvements.
Ken Wencl: I assume that’s going to be the last thing that’s going to be done, right?
Victor Vasas: Exactly. First we have to construct a new road before we actually can start
working on the old road, because that’s going to take care of the, all the traffic in the meantime
so I would say it probably will be summer of ’07 before we actually, we’ll be able to touch old
101.
Ken Wencl: Okay, thank you.
Lynn Clarkowski: Summer/fall of ’06.
Victor Vasas: No, ‘07.
Lynn Clarkowski: I’m sorry.
Mayor Furlong: It will be near the end of the project.
Lynn Clarkowski: Yeah.
Mayor Furlong: Okay. Alright. Okay, thank you. Please.
Dick Mingo: Dick Mingo, 7601 Great Plains Boulevard. Just one quick question. As you’re
heading west on the new 212, what type of exit will we have to go north coming into
Chanhassen? Will it be a nice long sweeping curve or are we going to roll right on up 101 onto
the beautiful new Pauly Boulevard?
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City Council Meeting – April 25, 2005
Victor Vasas: Well actually in our layout we are showing the trunk highway 212, the proposed
intersection and this is the proposed 212 alignment, and the exit is going to arrive to this
intersection. …but it’s going to be your access.
Mayor Furlong: Thank you.
Mike Hidding: Good evening. My name is Mike Hidding. I live at 8415 Mission Hills Lane,
which is the home right on the corner next to the extension of Mission Hills Lane, and back in
September of 2004 I put together a petition which I circulated through the Mission Hills district.
It was signed by 97% of the folks in Mission Hills. Two I could never get a hold of to have them
sign it, and one did abstain. On this petition we had a number of things that we had hoped to put
together. Number one was reduce the speed on Mission Hills Lane to 25 miles per hour. One
was to install a slow, children at play sign that faced the northbound traffic on Mission Hills
th
Lane as they turn in off of 86. Another is curve off Mission Hills Lane and continue the
sidewalk connection to the bike path adjacent to Trunk Highway 101. And then the fourth was
to create a sound barrier with newly planted trees on the east side of Trunk Highway 101 from
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86 Street to the wetland area. Obviously Mission Hills Lane is going through. That’s been
determined. What I would like to see though is a slow, children at play sign installed. What you
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have is you turn off of 86 Street onto Mission Hills Lane is an almost 90 degree turn as you
make your turn towards Trunk Highway 101. There are some driveways there with small
children, and if anybody’s going extremely fast, you know anywhere above 30-35 miles an hour,
somebody’s going to get hit eventually. So I’d like to see a slow, children at play sign installed
and also consideration for the reduction of the speed to 25 miles an hour in the area.
Mayor Furlong: Alright, thank you. Anybody else that would like to participate in the public
hearing.
Joe Wellu: Hello. My name is Joe Wellu. I’m a real estate agent with Remax just down the
street and I’m here on behalf of my clients, the Gorrall’s, and I’ve been a little bit involved with
helping them research the project and the potential impact to the property values in the
neighborhood and I guess I just wanted to briefly reiterate the importance of the berm and the
preservation of the homeowners that live on those 4 homes there to their property values. I’ve
compared it to a number of other projects in similar neighborhoods and if it’s done properly I
think it can have a very positive effect, but I just wanted to reiterate that point.
Mayor Furlong: Thank you. Any other comments? This evening. Okay. At this point then
without objection we’ll close the public hearing and bring it back to council for discussion. Was
there anybody else who wanted to speak? I don’t want to close them out. Okay. Not seeing
anybody. I appreciate all the comments that we did receive and I’ll bring it back to council.
Maybe there are some follow up questions or comments.
Councilman Labatt: I think all the public comments are very, very appropriate for this and I’m
actually encourage at the response from MnDot. And the openness and the open mindedness so I
think it’s doable.
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City Council Meeting – April 25, 2005
Mayor Furlong: Yep. Well that’s good. We will be working, the city will continue to be
working with MnDot on this project and considering the comments made this evening, I guess
before we do I’d like to just make a quick comment that it was a couple years ago that the
council chambers were just about this full and people were complaining about, complaining’s the
wrong word. Pointing out to us the issues of safety and speed along existing 101. And as
MnDot mentioned, you know this is a section of road that residents and the city have recognized
needs to be improved and at that point the issue was the best solution is the completion of the
realignment of 101, and indeed that’s now going forward and with 212 going forward, it creates
the opportunity. But really the reason this has gotten together, and I think credit where credit is
due, is that is because MnDot, which Councilman Labatt mentioned has been very receptive.
But also Carver County. We have Roger Gustafson here tonight with the Carver County
Engineer. This wouldn’t be going forward if MnDot and Carver County didn’t sit down and
work with us as a city to try to find a solution, try to find a way to pay for it, and there really was
creativity and I know with government that’s an oxymoron sometimes, but there was creativity
in how we can get it done. Because this was going to be one of those situations that with 212
coming through, if we didn’t get this done, not only would it hurt us as a city, but it would have
been one of those, what were they thinking. And we’re going to avoid that. It’s going to get
done virtually simultaneously with 212. It’s going to be, it’s going to improve safety along that
stretch of road for everybody on that road as well as people accessing the road. The trail, the
improvement to our trail system is coming along with an underpass rather than a surface
crossing. It’s going to be wonderful for pedestrians and bikers of all ages, so I really think, you
know this is one of those that it’s kind of exciting to be a part of because it really is multiple
levels of government working together for the benefit of citizens and that’s what we’re here
about so to MnDot and to Carver County, I’d like to thank you on behalf of the City of
Chanhassen and look forward to continuing to work together as we address the residents issues
this evening and the other issues that face us as well so we appreciate your help. I don’t believe
there’s any other action on this item so, unless there’s anything required of us we’ll move on in
our agenda.
Todd Gerhardt: I just wanted to add, Roger, did you want to add anything to this project from
the County’s perspective. Put you on the spot there.
Councilman Peterson: More dollars?
Todd Gerhardt: Since this may potentially be a county road down the line.
Roger Gustafson: Mr. Mayor and members of the council. I’m, as you know, excited to work
with the city and MnDot to make this project happen. It’s been my view that working something
out together to take care of this gap between new 212 and what’s been constructed on this
corridor south of 5 was very important to Carver County, the community. All of us. And so it
feels good that it looks like it’s going to happen and we’re anxious at the county to get all the
paperwork put together and myself and staff move that through our review process onto the
County Board for actually entering into the agreement to make this happen.
Mayor Furlong: Good, thank you.
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City Council Meeting – April 25, 2005
HIDDEN CREEK MEADOWS; CONSIDER APPROVAL OF SUBDIVIDING 19.2
ACRES INTO A 21 LOT SINGLE FAMILY SUBDIVISION WITH VARIANCES; A
WETLAND ALTERATION PERMIT TO ALLOW CROSSING A CREEK AND
WETLAND WITH A PUBLIC STREET; LOCATED AT THE ENDS OF PIPEWOOD
LANE AND CARTWAY LANE, NORTH OF HIGHWAY 7, APPLICANT D & G OF
CHANHASSEN, LLC; PLANNING CASE 04-31.
Public Present:
Name Address
Perry Ryan Excelsior
Dean Carlson Eden Prairie
Cindy Gee 4001 Aster Trail
Jenni & Peter Thomsen 4001 Aster Trail
Jeff & Lisa Jewison 3842 Meadow Court
John & Dale Collins Glencoe
Kathy Schurdevin 3921 Aster Trail
Don Rodriguez 700 Shadyview Lane, Plymouth
Kate Aanenson: Thank you. The applicant is requesting a 21 lot subdivision with 2 outlots. The
subject site is located north of Highway 7 on the very northern limits of the city adjacent to the
City of Shorewood and Victoria. It’s an extension of existing plat. This subdivision of this
application actually has 3 requests. Subdivision approval, a variance with a wetland alteration
permit. This item first appeared before the Planning Commission back in November. At that
time there was some additional lots that were, 23 lots. In reviewing it it appeared that maybe the
lots were a little narrow and the staff had recommended some revisions to the plat so the
subdivision you see today is actually 21 lots. That item we re-heard before the Planning
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Commission on February 15, 2005 and they did recommend approval with some modifications.
One being the cul-de-sac being moved back from Cathcart Drive which I’ll go through in a
minute, and providing a buffer. So when the subdivision first came in, Outlot D, which was a
lot, the creek goes through that property. It has been eliminated as a lot. It will now be an
outlot, which we think is the best way to preserve that area with the creek through it. The other
outlot is where the storm water pond and the existing large wetland, and again this will help, and
staff always tries to connect streets and in looking at kind of creating a puzzle and tying
properties together, when this subdivision came forward, which is just immediately on the east
side, there was a recommendation for a stub street. Because this is a continuation of the existing
Hidden Creek, it does present a long cul-de-sac so we did want to give it a secondary access.
There is potential future development to the north on the Schmidt’s Acres parcel but we do want
to provide a secondary access, which would be via Cathcart Way. Therefore the staff is
recommending, had recommended that the cul-de-sac touch down at that point so there is a
secondary access out that street is maintained, Cathcart Way. Again it’s not the intent for the
residents use but it does provide an emergency access now. There is a 10 foot buffer similar to
what we have just approved tonight, cul-de-sac with a 10 foot buffer between and also most
recently on the Yoberry plat. Again it’s our interpretation that it does not meet the double
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City Council Meeting – April 25, 2005
frontage lot. I think for the most part that’s the main points of it. We’re not requesting parks.
There’s Cathcart Park located in the area so there will be fees taken for that. The other thing that
I think this subdivision also provides is there is, because the two subdivision in this area, the
subdivision in this area are older. The storm water quantity and quality for this area is also
picking up additional runoff so they’re providing a greater area, treatment area so the city is
giving them credit for providing a larger treatment area. Again because of the creek and the
sensitivity to the area. That’s a plus, providing larger treatment. Again, it does have a longer
cul-de-sac is why we’re recommending the secondary access out, but with that the Planning
Commission is recommending approval with the conditions in the staff report. I’d be happy to
answer any questions that you have.
Mayor Furlong: Thank you. Questions for staff.
Councilman Lundquist: Kate, can you do a little more detail on the road. Where it’s at now and
the secondary access. You had me until the part about residents not using it.
Kate Aanenson: Sure. There’s some residents, I’m sorry. Hidden Creek would not use it.
There are some homes on the Cathcart Way that do use that, it’s a gravel road. Sorry, I grew up
in Excelsior. I don’t know that area very well so, so this cul-de-sac would not, these people
wouldn’t use that street. But the intent is that it would be used for emergency access only. If
you follow me.
Mayor Furlong: I guess with regard to location of the cul-de-sac, that’s one of the reasons why
the cul-de-sac is located there in the development?
Kate Aanenson: That is correct. So we have, so we’re maintaining plowing that so we have an
access for emergency, if we had to come down that way or go out that way.
Councilman Lundquist: And then your comments about connecting the neighborhoods would
be.
Kate Aanenson: The original goal when this was platted, and I can pull that out. Again it was
done by Mr. Carlson who lives in that area. If you look at the conditions of approval, this was
the letter I’ve attached, was intended to be a street dedicated. That would have been our first
choice, is to push the street through as shown on the dedication, which is also on this one. But
utility and drainage easement on this plat was recorded but not the street. That was one of the
recommendations that now the City Attorney over the last number of years has recorded all
documents to make sure that they’re recorded correctly. At this time it goes back a number of
years. It may have been recorded by the developer and not the attorney as we do those now, but
that was how we provided the recommended access be provided to this piece of property to the
east. So again we always look at two access points. Could it be further subdivided to the north
as I indicated where there would be a public street, and that would be looked at if Mr. Carlson
further subdivided that property.
Councilman Lundquist: So that’s what you’ve got shown in there to the north of that?
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City Council Meeting – April 25, 2005
Kate Aanenson: Correct. Again, we’re providing, showing that there is another way as we
always do on every piece, how could that piece get access if it wanted to be further subdivided.
Councilman Lundquist: Then one of the issues we have now with current residents concern is
they back up to that cul-de-sac where that was supposed to go through at one time.
Kate Aanenson: Correct. Yeah, and there was a question on the interpretation of the double
fronted lots, right, and again we’ve had that 2 or 3 times, and there’s a 10 foot buffer in there.
And that wasn’t on the original. That was one of the recommendations of the Planning
Commission so that has been changed on the plat.
Councilman Lundquist: Okay.
Mayor Furlong: Other questions for staff? Kate I think also coming out of the Planning
Commission on that same issue with the, moving the end of the right-of-way of the cul-de-sac to
the west, and then planting some landscaping. Can you, just so I’m clear, how much landscaping
was being recommended? I know at the end of the cul-de-sac itself, or the eastern end of the cul-
de-sac there was some recommendation.
Kate Aanenson: Right, a minimum of 9 evergreens and 3 ornamental trees be planted at the end
of that cul-de-sac.
Mayor Furlong: And those would be in the.
Kate Aanenson: The 10 foot.
Mayor Furlong: The 10 foot area which is part property, or Lot 12?
Kate Aanenson: Correct.
Mayor Furlong: Okay. And then was there also some request for planting along Lot 12 as well
as it goes.
Kate Aanenson: Well that would be that portion of Lot 12. Again there was a recommendation
to flip this so the flag would be the other way. Again it doesn’t resolve the conflict of still trying
to get a public street to the cartway. In addition, putting the flag on there, there’s a large wetland
there. Lot 12 is almost 1 acre in size. It’s a pretty big lot so at that point you have to look at the
reasonableness and it seems reasonable to give a variance when you’ve got that large a piece.
Again, we had intended that street to go through.
Mayor Furlong: Okay. I guess to summarize just for my clarification, the recommendation
coming as it went through the process of the Planning Commission was to move the end of the
right-of-way to the west 10 feet.
Kate Aanenson: Correct.
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City Council Meeting – April 25, 2005
Mayor Furlong: To provide not only the private property there but also then to provide a means
to do some planting.
Kate Aanenson: A buffer area, correct.
Mayor Furlong: A buffer area, okay. Thank you. Okay. Good. Any other questions for staff at
this point? If not, is the applicant here this evening? If there’s anything you’d like to address to
the council.
Dean Carlson: Hello. My name’s Dean Carlson with D&G of Chanhassen, the applicant on this
plat. We are in complete agreement with the planning having gone back and forth quite a few
times on this for many months to make it right so we feel pretty good about the staff’s
recommendations and being able to accommodate those requests and we’re here for questions
and comments if you have them.
Mayor Furlong: Appreciate that. Any questions for the applicant? No? Okay. Very good,
thank you. There was a public hearing on this project at the Planning Commission. Some things
have changed. Been modified since then. I guess just to make sure if there’s some comment that
members of the public would like to make on this, again we’ve reviewed the Planning
Commission minutes and are familiar with the issues raised there so, but if there’s any changes,
we certainly would like to listen to any public comment if there’s a desire to do so. If they’d like
to come forward to the council. Sure, why don’t you come on to the podium if you could state
your name and address.
Jenni Thomsen: My name is Jenni Thomsen and I live at 4001 Aster Trail and I’m wondering
what action will be taken to protect the trees that will be in the Outlot B? Or if they will be
replanted or.
Kate Aanenson: Yep, I’d be happy to answer that. That was one of the recommendations that
the forester had made, and that’s that we actually kind of walked that site. They had originally
proposed it as a lot. We felt that wasn’t a good lot and preserve the trees, so as with any
construction project before they begin, there’s a stake field marked so that is our intent. Our
forester is recommending that we actually try to save as many of those and we’d actually fence
that area off with tree fencing so they’re not in, try to save as many of those trees.
Mayor Furlong: And our city staff goes out to the site and does that?
Kate Aanenson: That’s correct. Before construction begins on any project, after the pre-con.
Mayor Furlong: Alright. Good question. Is there any other public comment?
Jeff Jewison: Hi. My name is Jeff Jewison at 3842 Meadow Court and our issue has been kind
of stated fairly clearly so I won’t go into those but I did have a question regarding the double
frontage on how that’s defined. It makes sense to me that double frontage is two frontages and
we have a cul-de-sac in our front yard and one in our back. The first time we raised it we were
told that it wasn’t double frontage because of the cartway that would touch our property so
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City Council Meeting – April 25, 2005
there’s existing double frontage. But once we proved that, that our lot doesn’t touch that, then
we got okay, our lot is technically a corner lot because of that right-of-way between our house
and the northern house, but we proved that that doesn’t exist either so I’m kind of wondering
why it’s not considered a double frontage lot. I guess that’s my question.
Councilwoman Tjornhom: Could you put the map back up again so he can show me exactly
where his house is and show me everything?
Kate Aanenson: Sure.
Jeff Jewison: Yeah, this house right here. So our front yard is along this part right here, and
then our back yard would be along this part right here. So I’m not sure why that wouldn’t be
double frontage, and since we’re not a corner lot and this…doesn’t exist, and the cartway doesn’t
touch our property. It’s about 10-20 feet off.
Mayor Furlong: Okay, fair question. Do you want to address that? The question is, with the
plan, why his lot is not, would not be considered double frontage.
Kate Aanenson: Correct. Again, our interpretation of a double fronted lot is they’re not
touching so there’s a 10 foot buffer inbetween is our definition.
Todd Gerhardt: Which would be the ownership of Lot 12.
Kate Aanenson: Correct.
Todd Gerhardt: There’s a lot, that flag part of the lot, correct.
Mayor Furlong: Alright. And that’s 10 foot property to the right-of-way.
Kate Aanenson: He’s actually a little bit more than that. The flag is about 30 foot.
Todd Gerhardt: Kate, could you just show me that area on the plat.
Kate Aanenson: It’s actually the neck of the flag right here, which is this part is 30 feet, as it
gets closer up here. You know it’s down on the back side of the bulb to 10 foot.
Mayor Furlong: And that’s to the right-of-way. How much is the distance between the outer
portion of the right-of-way and where you’ll see the curb? Of that cul-de-sac. What’s the
distance in.
Kate Aanenson: Between this property line and the back of the curb? 10 feet.
Mayor Furlong: I thought the 10 foot was to the right-of-way. Isn’t the.
Kate Aanenson: Oh it’d be more than that, I’m sorry. More than that.
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City Council Meeting – April 25, 2005
Paul Oehme: If there’s 10 foot of frontage for Lot 12. it’s going to be about 25 feet from his
property line to the back of that curb there.
Kate Aanenson: So if I can clarify that. There’s a right-of-way line and actually the asphalt
stops short of the right-of-way line, so typically when you go out there it appears greater. So
while, if you measure from property line to property line, it’s 10 feet but if you measure from the
asphalt to the property line it’s approximately 25 feet.
Mayor Furlong: Okay, thank you.
Councilman Lundquist: And how far from the back of the property line to the back of Mr.
Jewison’s house?
Kate Aanenson: I was just scaling that off. It’s at least 50 feet it looks like.
Mayor Furlong: I thought I saw 70 something number.
Kate Aanenson: 75, okay yeah. I’m just scaling it off and it was at least 50, right so.
Todd Gerhardt: And Kate just to add, that will be where those 9 trees are going to be planted?
Kate Aanenson: Right, in this area of the back of the cul-de-sac because the issue was the lights,
from my understanding.
Mayor Furlong: Okay, alright. Thank you. Any other questions or comments from the public?
Debbie Lloyd: Good evening. Debbie Lloyd, 7302 Laredo Drive. As you know I follow a lot of
these cases and this is not an unusual situation. We’ve seen double frontage come up in the last
few months and I feel like people of Chanhassen are being cheated. There isn’t a standard. It
says in the code that double frontage should not be created unless there’s a collector street or an
artery street, and there’s a standard of 10 feet there or something, but you know in Yoberry you
applied 130 foot yard setback for that neighborhood and tonight in Fox Den you applied a 16 ½
foot setback, but yet for these folks you apply a 10 foot setback. I just don’t think it’s fair and I
want to point that out. Thank you for listening.
Mayor Furlong: Okay, thank you.
Kate Aanenson: My only comment again, the first choice was to bring that street through the
subdivision and unfortunately we don’t have that choice, but that was a decision made a number
of years ago to have that street extended that way. That would have been our first choice.
Mayor Furlong: Okay. Okay thank you. Any other comments from the public? We appreciate
those. Okay, let me bring it back to council for discussion or additional questions. Councilman
Lundquist, you had a question or point of clarification.
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City Council Meeting – April 25, 2005
Councilman Lundquist: I was going to ask a similar to what Mrs. Lloyd brought up about the
recent ones. I couldn’t remember the distance between Harrison Hill and the cul-de-sac in
Yoberry. But got that clarified in her comment so.
Mayor Furlong: Alright, thank you. Any other questions then? We’ll move into discussion.
Comments. Thoughts. Councilman Lundquist, you want to, first comments, thoughts.
Councilman Lundquist: I think as Kate said, representing the staff, it sounds like an unfortunate
oversight a number of years ago kind of got us into this situation and got to have some access
into this development to allow it to be developed. So I think some things have been done and
attempts to mitigate some of the infractions to mitigate some of the potential issues there.
Probably in making the best out of a situation so is it perfect? Probably not but dealing with the
situation as it is, I feel comfortable with where we’re at and the steps taken to work with what we
were given.
Mayor Furlong: Okay, thank you. Other comments. Councilman Labatt. Thoughts.
Councilman Labatt: I would agree with the comments of Mr. Lundquist. I think that staff has
obviously taken the opportunity here to look in the future of connecting this road up to the north
or east. And in addition also mitigating the impact on the end of the cul-de-sac so, and a couple
would maintain the trees in the outlot and protecting those and I think other than that I’m fully
supportive of it.
Mayor Furlong: Okay. Thank you. Councilwoman Tjornhom.
Councilwoman Tjornhom: No, you know I sometimes, it’s no secret…neighborhoods
connecting to other neighborhoods. I always honestly do feel for the people that are going to
have their roads changed and their neighborhoods changed. When you talk about double
frontages and numbers, you know I think you work with what you have. With Yoberry I think
we had that space to work with. I think here, due to decisions that were made a long time ago
that we weren’t a part of, this is what we have to work with and I think it’s unfortunate but that’s
just where we are right now. And I think the developer, I mean he’s, I was on the Planning
Commission when this came through in November I believe, and it’s a lot better than it was. I
think we had 64 conditions or something and so really it’s been whittled down and shaped and he
gave up 2 lots so far, as far as I, correct?
Kate Aanenson: That’s correct.
Councilwoman Tjornhom: And so I’ve got to hand it to him for trying to work with the
neighbors and staff and do the right thing and have a good development.
Mayor Furlong: Okay, thank you. Councilman Peterson.
Councilman Peterson: Mr. Mayor, I think that what I’m challenged by is the inconsistencies and
I know that inconsistencies are a part of what we do at this council. However, I guess in my
comments I’d just ask for support from staff that there isn’t anything we can do to push it out
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City Council Meeting – April 25, 2005
farther without losing another lot. I’m not motivated to lose another lot for the developer and
owner, but there’s nothing we can do to pull it farther away without losing a lot? Does it come
down to are we talking inches? Feet now or.
Kate Aanenson: No, I think we spent the last few months working on actually between
November and when it went back in February, but we spent a lot of time looking at that. Again
they did drop 2 lots because we originally felt they were a little narrow. So really I don’t think
the other recommendation was, as I mentioned, turning that neck around, and it doesn’t work
with that large wetland and that is almost a one acre lot. We did really spend a lot of time with
the applicant’s engineer to find a better solution. I would agree it’s not the best but.
Councilman Lundquist: Craig, are you asking about pushing the cul-de-sac further to the west?
Councilman Peterson: That would be an obvious question, yeah.
Kate Aanenson: Yeah, it was pretty thoroughly explored.
Councilman Peterson: Yeah. Aside from that struggle Mr. Mayor, I think it’s a very good
development and it would be a nice asset for that area. It’s always unfortunate when you can’t
have everything you want. In this case I obviously look to staff to have the creative solutions
above my meager technical knowledge so I think this is pretty…that we can’t find a solution for
it.
Mayor Furlong: Okay. Well thank you. I enjoy hearing those comments. I think one thing, just
as a, I’m in concurrence with my fellow council members. The one thing that they come up, just
to say how these things happen. Tonight prior to the meeting the council met in joint session
with our Planning Commission and some of these issues came up and we were talking about the
process and the role of the process, and I guess this is one of those examples Mr. Jewison and
Mrs. Jewison came up and started questioning, are we meeting the ordinance? Are we meeting
the, and indeed what some assumptions that existed didn’t exist and so while it takes a lot of
effort, there may not be an ideal resolve, I guess I take a little bit of comfort in the fact that
we’ve made some improvements in terms of that distance. You know the distances from the
back of homes is a function of the distance between the back of the home and that homeowners
back property line, as much as anything else so if there’s an inconsistency or if there’s something
we can look at in these types of situations on from the property line to the right-of-way, is that an
issue that we need to look at for consistency because we’re never going to find consistency
between, and the way we as a city developed when you look at the new development that’s going
in, and some of the older developments I think in Carver Beach. You know there’s
inconsistencies between setbacks and how far homes are from property lines so that may not be a
workable distance but maybe something from the property line and something for consistency
that we can look at, so.
Kate Aanenson: Sure, well and at that time Meadow Court was built with a 50 foot right-of-way.
Now we go with 60 so there’s a lot of.
Mayor Furlong: Things change.
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City Council Meeting – April 25, 2005
Kate Aanenson: Things change, right. So it’s figuring how to blend those two together is the
challenge.
Mayor Furlong: And again, how far, what I’m hearing here from the council, and it’s the issue
that the developer and the staff were working with, is how far west can that cul-de-sac go and
still make, still kind of make the best of what we’ve got and what I’m hearing is, we’ve got now
the best of what we’ve got. We want to hear from Councilwoman Tjornhom how much
improved it is from the Planning Commission, that gives me some comfort too. That tells me
you know we’re getting the best result we can so.
Kate Aanenson: Or if Mr. Carlson would have participated in the subdivision we would have
had a different way out. There’s a lot of variables but you have to go with what’s presented in
front of you and try to make the best of it.
Mayor Furlong: So I guess with those comments, not reiterating what’s been said before, I’m
comfortable going forward with this. Any other discussion? If not, is there a motion?
Councilman Labatt: Mayor, I’d move that we approve the recommendation for the plan per
staff’s recommendation with the conditions 48 and 56 being amended too as per the staff report.
Mayor Furlong: Thank you. Is there a second?
Councilman Lundquist: Second.
Mayor Furlong: Made and seconded. Any discussion on that motion? Seeing none, we’ll
proceed with the vote.
Councilman Labatt moved, Councilman Lundquist seconded that the City Council approve
preliminary platfor a subdivision with a variance for a flag lot, plans prepared by Ryan
Engineering, dated August 20, 2004, revised October 14, 2004 and January 14, 2005, subject
to the following conditions:
1.A final grading plan and soils report must be submitted to the Inspections Division before
building permits will be issued.
2.Demolition permits must be obtained prior to demolishing any structures on the site.
3.Separate sewer and water services must be provided each lot.
4.Retaining walls more than four feet high must be designed by a registered structural engineer
and a building permit must be obtained prior to construction.
5.The sauna on Outlot B must be removed.
6.Outlots A and B shall be dedicated to the City.
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City Council Meeting – April 25, 2005
7.No burning permits will be issued for trees to be removed. Trees and shrubs must either be
removed from site or chipped.
8.Fire apparatus access roads and water supply for fire protection is required to be installed.
Such protection shall be installed and made serviceable prior to and during the time of
construction except when approved alternate methods of protection are provided. Temporary
street signs shall be installed on each street intersection when construction of new roadways
allows passage by vehicles. Pursuant to 2002 Minnesota Fire Code Section 501.4.
9.A 20-foot clear space must be maintained around fire hydrants, i.e., street lamps, trees,
shrubs, bushes, Xcel Energy, Qwest, cable TV and transformer boxes. This is to ensure fire
hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen
City Ordinance #9-1.
10.Full park fees shall be collected at the rate in force at the time of final plat for 17 single-
family residential lots.
11.The grading on Lots 10-12, Block 2 shall be revised to avoid grading within the wetland.
12.The applicant shall create a five-year maintenance and monitoring plan for new wetland
construction to ensure proposed wetland functions and values are obtained and non-native
vegetation does not encroach into the mitigation area. The monitoring plan shall include the
preparation of annual reports as required by the Minnesota Wetland Conservation Act.
13.Wetland buffer widths of 16.5 feet to 20.0 feet shall be maintained around all wetlands on-
site. All structures shall maintain a 40-foot setback from wetland buffer edge. Wetland
buffers and wetland buffer setbacks shall be shown on the grading plan. Wetland buffer areas
shall be preserved, surveyed and signed in accordance with the City’s wetland ordinance. The
applicant shall install wetland buffer edge signs, under the direction of City staff, before
construction begins and will pay the City $20 per sign.
14.The applicant shall develop detailed plans (including an erosion and sediment control plan)
for the installation of the culvert at Pipewood Lane. A winter installation of this culvert is
preferable. A professionally engineered temporary diversion of the stream through a stable
channel during culvert installation is an acceptable alternative.
15.The applicant shall demonstrate that the installation of the 42” proposed culvert at Pipewood
Lane will not cause water to back up through the existing 4’ by 6’ culvert under Highway 7
to the south side of Highway 7 in 10 and 100-year storms.
16.All structures shall maintain a minimum 50-foot setback from the ordinary high water level
of the creek.
17.The applicant shall submit calculations to ensure that the pond is sufficient to provide water
quality treatment to NURP standards for storm water from the development.
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City Council Meeting – April 25, 2005
18.The proposed storm water pond shall be designed to accommodate storm water from the
upstream areas of the MC-A2.6 subwatershed.
19.Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All
exposed soil areas shall have temporary erosion protection or permanent cover year-round,
according to the following table of slopes and time frames:
Time
(maximum time an area can remain unvegetated
Type of Slope
when area is not actively being worked)
Steeper than 3:1 7 Days
10:1 to 3:1 14 Days
Flatter than 10:1 21 Days
These areas include constructed storm water management pond side slopes, any exposed soil
areas with a positive slope to a storm water conveyance system, such as a curb and gutter
system, storm sewer inlet temporary or permanent drainage ditch or other man made systems
that discharge to a surface water.
20.Daily scraping and sweeping of public streets shall be completed anytime construction site
soil, mud, silt or rock is tracked or washed onto paved surfaces or streets that would allow
tracked materials or residuals of that material to enter the storm water conveyance system.
21.At this time, the estimated total SWMP fee due payable to the City at the time of final plat
recording is $45,348.
22.The applicant shall apply for and obtain permits from the appropriate regulatory agencies
(e.g., Minnehaha Creek Watershed District, Minnesota Pollution Control Agency, United
States Army Corps of Engineers) and comply with their conditions of approval.
23.Prior to final plat approval, a professional civil engineer registered in the State of Minnesota
must sign all plans.
24.Prior to final platting, storm sewer design data with a drainage map will need to be submitted
for staff review. The storm sewer will have to be designed for a 10-year, 24-hour storm
event. The pond is required to be designed to National Urban Runoff Program (NURP)
standards. Drainage and utility easements will need to be dedicated on the final plat over the
public storm drainage system including ponds, drainage swales, and wetlands up to the 100-
year flood level. The minimum utility easement width shall be 20 feet wide.
25.Type II silt fence must be used adjacent to all ponds and wetlands. In addition, an erosion
control blanket is required for the steep slopes along the north property line of the site. The
applicant should be aware that any off-site grading would require an easement from the
appropriate property owner.
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City Council Meeting – April 25, 2005
26.The remaining utility assessment due payable to the City at the time of final plat recording is
$25,477.05. In addition, the sanitary sewer and water hookup charges will be applicable for
each of the new lots. The 2005 trunk utility hookup charges are $1,458 per unit for sanitary
sewer and $2,955 per unit for water. Each of these charges is based on the number of SAC
units calculated by the Metropolitan Council.
27.Public utility improvements will be required to be constructed in accordance with the City’s
latest editions of Standard Specifications and Detail Plates. Detailed construction plans and
specifications will be required at the time of final platting. The applicant will also be
required to enter into a development contract with the City and supply the necessary financial
security in the form of a letter of credit or cash escrow to guarantee installation of the
improvements and the conditions of final plat approval. Permits from the appropriate
regulatory agencies must be obtained, including but not limited to the MPCA, MNDOT,
Department of Health, etc.
28.Show all of the existing and proposed easements on the plans.
29.Show all of the existing utilities on the plans.
30.The proposed development is required to meet the existing storm water runoff rates for the
10- and 100-year, 24-hour storm events.
31.The walk-out elevation of the proposed homes must be a minimum of 3 feet higher than the
adjacent pond or wetland high-water-level.
32.Show the proposed storm manhole rim and invert elevations on the utility plan.
33.Show all emergency overflow elevations on the grading plan.
34.The existing temporary pavement turnaround for Pipewood Lane just south of this site must
be removed when Pipewood Lane is extended. Any disturbed area must be sodded and
restored.
35.The retaining wall in the rearyard of Lot 7, Block 1 must be 20 feet off the back of the
building pad.
36.Revise the rearyard grading of Lot 9, Block 1 to prevent trapping water behind the curb.
Either a catch basin will need to be added or the area will have to be re-graded with a
minimum slope of 2% to drain from the rearyard to the street.
37.The existing gravel road known as Cartway Lane must be connected to the proposed cul-de-
sac at the eastern border of the site.
38.The existing culvert across the street from Lot 9, Block 2 be connected to the storm sewer for
Pipewood Lane.
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City Council Meeting – April 25, 2005
39.A minimum of two overstory trees shall be required in the front yard setback area of each lot.
40.Tree protection fencing is required around all trees proposed to be saved. Any tree lost will be
replaced at a rate of 2:1 diameter inches.
41.The applicant shall confirm the tree canopy coverage and preservation calculations. A total of
193 trees will be required to be planted unless otherwise noted.
42.The following trees are required on each lot as shown on the landscape plan dated 1/14/05:
Lot Front yard Rear yard
Lot 1, Block 1 2 6
Lot 2, Block 1 2 3
Lot 3, Block 1 2 3
Lot 4, Block 1 2 3
Lot 5, Block 1 2 3
Lot 6, Block 1 2 4
Lot 7, Block 1 2 5
Lot 8, Block 1 2 6
Lot 9, Block 1 2 2
Lot 1, Block 2 2 4, 3 side yard
Lot 2, Block 2 2 2
Lot 3, Block 2 2 4
Lot 4, Block 2 2 2
Lot 5, Block 2 2 2
Lot 6, Block 2 2 2
Lot 7, Block 2 2 4
Lot 8, Block 2 2 3
Lot 9, Block 2 2 4
Lot 10, Block 2 2 4
Lot 11, Block 2 2 5
Lot 12, Block 2 2 1
Outlot A 30
(buffer plantings included in total)
Outlot B 9
43.A landscape plan with a plant schedule that specifies the proposed quantities of each species
shall be submitted to the city prior to final plat approval.
44.The developer shall responsible for planting any trees located in the rear or side yards as shown
on the landscape plan dated 1/14/05.
45.The applicant shall plant only species adaptable to wet sites near the wetland boundary edge.
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City Council Meeting – April 25, 2005
46.Tree preservation fencing shall be installed at the dripline of the tree saved on Lot 6, Block 2
prior to any grading.
47.Any plantings occurring on Outlots A or B be field located and no existing vegetation shall be
removed or compromised for the planting of new trees.
48.
The applicant shall install landscaping at the end of the Pipewood Lane and along the east
boundary of Lot 12, Block 2 around the cul-de-sac. Evergreens and ornamentals shall be
installed so as to reduce headlight glare and buffer views of the street from the existing homes.
A minimum of 9 evergreens and 3 ornamentals shall be planted along the cul-de-sac and along
the east side of the flag lot maintaining planting density of the cul-de-sac along the east
border.
49.The applicant shall remove Colorado blue spruce from the plant schedule and replace it with
white fir or a species of pine.
50.The grading limits shown on the grading plan for Lot 2, Block 2, shall remain as is and the
developer shall adapt to the existing plan as necessary to preserve a small group of maples
12” and larger.
51.Temporary rock fords should not be used; and crossing the stream with flowing water and no
established stable crossing must be avoided. No work shall take place in the creek between
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the dates of March 15 to June 15 to minimize sediment impacts to spawning fish species.
52.MN DOT category 3 erosion blanket and seed should be applied to exposed creek slopes
near / around Pipewood Lane within 24 hours of final grade.
53.Following stormwater inlet installation Wimco-type (or equal) inlet sediment controls should
be installed and regularly maintained.
54.Following street and utility installation, Chanhassen-specification Type-1 silt fence or other
approved perimeter sediment control is needed for all positive slopes curbside.
55.The silt fence proposed across the existing and proposed Pipewood Lane is not practical due
to site access needs.”
56. The applicant will work with staff to resolve the access issues on Cartway Lane.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
Councilman Labatt moved, Councilman Lundquist seconded that the City Council approve
Wetland Alteration Permitplans prepared by Ryan Engineering, dated August 20, 2004,
,
revised October 14, 2004 and January 14, 2005, subject to the following conditions:
1.The grading on Lots 10-12, Block 2 shall be revised to avoid grading within the wetland.
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City Council Meeting – April 25, 2005
2.The applicant shall submit a five-year maintenance and monitoring plan for new wetland
construction to ensure proposed wetland functions and values are obtained and non-native
vegetation does not encroach into the mitigation area. The monitoring plan shall include the
preparation of annual reports as required by the Minnesota Wetland Conservation Act.
3.Wetland buffer widths of 16.5 feet to 20.0 feet shall be maintained around all wetlands on-
site. All structures shall maintain a 40-foot setback from wetland buffer edge. Wetland
buffers and wetland buffer setbacks shall be shown on the grading plan. Wetland buffer areas
shall be preserved, surveyed and signed in accordance with the City’s wetland ordinance. The
applicant shall install wetland buffer edge signs, under the direction of City staff, before
construction begins and will pay the City $20 per sign.
4.Drainage and utility easements shall be provided over all existing wetlands, wetland
mitigation areas, and storm water infrastructure. Easements shall be at least 20 feet in width
to allow access for inspection and maintenance.
5.Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All
exposed soil areas shall have temporary erosion protection or permanent cover year-round,
according to the following table of slopes and time frames:
Time
(maximum time an area can remain unvegetated
Type of Slope
when area is not actively being worked)
Steeper than 3:1 7 Days
10:1 to 3:1 14 Days
Flatter than 10:1 21 Days
These areas include constructed storm water management pond side slopes, any exposed soil
areas with a positive slope to a storm water conveyance system, such as a curb and gutter
system, storm sewer inlet temporary or permanent drainage ditch or other man made systems
that discharge to a surface water.
6.The applicant shall apply for and obtain permits from the appropriate regulatory agencies
(e.g., Minnehaha Creek Watershed District, Minnesota Pollution Control Agency, United
States Army Corps of Engineers) and comply with their conditions of approval.”
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
Mayor Furlong: Thank you everyone.
SITE PLAN AND SUBDIVISION APPROVAL, EAST WATER TREATMENT PLANT;
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LOCATED AT THE END OF WEST 79 STREET BETWEEN HIGHWAY 5 AND
RAILROAD RIGHT-OF-WAY.
Kate Aanenson: Thank you. The City is the applicant on this development proposal. There’s
three requests before you tonight. A land use amendment from parks and open space to
commercial, a subdivision of 2 lots and 1 outlot, and site plan review for 12,500 square foot
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City Council Meeting – April 25, 2005
water treatment plant. Subject site is located right adjacent to the pedestrian bridge. Right here
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across from Lake Drive East. And extension of West 78 Street. The subdivision creates 3 lots,
Outlot A. If you can see that very well. Outlot A, which would be a lot that can be transferred
which contains a parking area. Lot 1, which will be the site for the water treatment plant and Lot
2, which can be a lot. It can be developed in the future. The land use, by changing it, it is zoned
business highway and it is guided parks and open space. Again, when we looked at this site a
number of years ago when the City took down the Apple Valley Red-E-Mix plant and looked at
a number of different iterations for some entrance monuments. This was talked about when we,
actually when we did the bridge too, possibly putting a landscape feature of some sort in there.
There was a lot of different designs and discussion on that but nothing was ever adopted as a
formal policy, so actually we have the zoning and the land use inconsistent, which in technical
terms is not the best thing to do. It’s supposed to be by law consistent so by re-guiding it back to
the commercial, that would be consistent with the underlying land use. Any questions on the
subdivision? There is access via the, both parcels will be via a private drive and not a public
street. So there’d be cross access easements on that. So this is Lot 1, the specific site plan for
the water treatment plant. This is the pedestrian bridge, touch down at this point right now.
There will be two trails. One that will go around. That’d be easier access as opposed to a
steeper one that would be cut between the water tanks and the treatment facility itself. So access
again would be behind the extension of the public street, coming back behind via a private drive.
Any questions on the site plan? The one thing I did want to mention, we are working with the
applicant. One of the things that we’re discussing with the city forester, we’re trying to put a
little bit more native vegetation on there so we’re still working with them on that but I think we
want to do something that’s a little more low maintenance. It’s steep slopes. Those trees that are
there right now, we’re going to try to relocate on some other city property but we’d like to see if
we can do something that’s a little less maintenance on that.
Councilman Lundquist: So how’s Paul treating you on that?
Kate Aanenson: Very good.
Mayor Furlong: Yeah, did you jump across the desk when you’re speaking with the applicant?
Kate Aanenson: It’s going really well. Actually staff is really pleased with the architecture itself
on the building. There’s material samples in front, I don’t know if you want to try to put the
camera on, if you shoot more on those. But it does meet the standards even though it’s an
institutional type building, function building. Architecturally it’s a very, very nice building. As
a matter of fact the Planning Commission felt it almost looked like a school, so we’re very
pleased with the architect and I just want to give credit to SEH who really spent a lot of time
looking at some of the buildings in town and kind of came up with actually 3 different iterations.
Kind of one mimicking the pedestrian bridge itself, which I’ll go through in a minute. The
library. And I can’t remember what the third was, but we narrowed it down to this bridge and
how that mirrors kind of what’s happening in the area. So it does have a light brown brick,
limestone color block, beige concrete and window sills, so there’s fake windows on the perimeter
too, so it does meet all the architectural standards. It is only 24 feet high, so it’s one story. It
does have a sloped roof which is one of the design standards for the city, and again 50% of the
first floor elevation that is viewed by the public is transparent, and those are those fake windows
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City Council Meeting – April 25, 2005
that are in front. So this would be the view you would see from, can you zoom in on that just a
little bit Nann, thank you. This would be the view you would see from Highway 5. And again
these are the fake windows that will be up on top, and you can see the mimicking of the ped
bridge with the look on the top which we think is again very complimentary.
Mayor Furlong: Kate, quick question if I can interrupt.
Kate Aanenson: Sure.
Mayor Furlong: I don’t know if it’s the camera or just the, are those multiple colors across those
faces? The green and the red.
Kate Aanenson: Yes. This is the limestone.
Mayor Furlong: Okay, that’s limestone underneath those.
Kate Aanenson: Yeah, and then this is brick. It’s not picking that up as clearly, so you’ve got
the limestone here, the brick and this is the windows that are used, the fake windows. And, or
glass block, and then there’s concrete too.
Mayor Furlong: Okay. And right where you pen just was, that looks green and red to me but
it’s.
Kate Aanenson: It’s a continuous… right, so this would be also the elevation facing east. Now
while it has high exposure right now, ultimately depending on the use that goes in front, that
would also screen that portion. If you follow what I’m saying. There will be another view in
front of that, so some of that will disappear. But then, this would be the same thing facing the,
the access street. Private drive, and then facing west, which would be towards the existing
Hanus building. Or now Gary Brown has that property. So with that, again we’re
recommending approval of the subdivision and the site plan, as well as the land use being
consistent with the comprehensive plan. And again, the one thing that we’re still asking that they
make modifications to is the landscaping plan and we’re working well with them on that, so staff
is recommending approval with the conditions in the staff report. I’d be happy to answer any
questions that you have.
Mayor Furlong: Thank you. Questions for staff on this.
Councilman Labatt: None.
Mayor Furlong: No? I guess just a comment. When I look at the city being an applicant and the
city staff working with the city itself.
Todd Gerhardt: The applicant has no questions.
Mayor Furlong: And the applicant has no questions, and we still come up with 25 conditions
upon ourselves.
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City Council Meeting – April 25, 2005
Kate Aanenson: We’re hard.
Mayor Furlong: Who says we’re not following this the way we would any other developer.
Kate Aanenson: Yeah, I think we held ourselves to a pretty good standard.
Mayor Furlong: Apparently. Are we trustworthy? I think we are. I think we are so.
Todd Gerhardt: We did waive the letter of credit though.
Mayor Furlong: Okay. Any questions on this discussion? This is the start. This is a continuing
process and I think it was helpful to bring it to council here tonight in terms of the site plan and
discussion as well and let people know what’s moving on this site. It’s been in the works for a
while. It’s going to improve our water quality. Existing water quality will be improved and help
maintain our water quality and standards of drinking water as we go forward so, this is the first.
This plant will serve a portion of our city and it will treat the water coming from the wells that’s
the worst in the city right now. It will bring that up to a higher level in the rest of the city and
move forward so.
Kate Aanenson: Yeah, I was just going to point out there was a question at the Planning
Commission regarding view so it is screened by the railroad tracks, the cemetery on the other
side, and then ultimately I just wanted to point out too that when we looked at the cemetery
project for St. Hubert’s, we also looked at ultimately someday having a pedestrian crossing over
that, which they’ve given us rights to do, so that it can be incorporated sometime in the future to
provide. We’ve got the pedestrian bridge coming over 5 to ultimately get over the tracks and be
able to access that area which we think will be a real benefit to our residents, so we’re still
continuing to work on that too.
Mayor Furlong: Okay, very good. Thank you. Any other discussion?
Paul Oehme: Mayor?
Mayor Furlong: Yes.
Paul Oehme: Pardon me. At this time under the agenda we had a 90% review of the east water
treatment plant to be considered at the work session. Just for the sake of consistency in what we
were talking about, the site plan at this time, we’d offer to update the council in 90% review of
the plans and the specifications…the construction schedule as well. So if you’re open to that.
Mayor Furlong: I think so, unless.
Kate Aanenson: Can I just ask for one thing. Just so when we wind up I’ve got 3 motions that I
need.
Mayor Furlong: Sounds like a great idea.
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City Council Meeting – April 25, 2005
Paul Oehme: The consultant engineer is here tonight and last time we met was, I think it was
back in February for a 60% review and now it’s 90% review. We’re getting really close to
letting the project and before we did, I want to go to the next step in approving the plans and the
specs we’d like to just let the council know and the residents here in Chanhassen know exactly
where we’re at in terms of schedule and the cost of the plan and other miscellaneous issues
associated with the plan too, so at this time I’d like Jim North from SEH to give a brief
presentation.
Jim Norton: Okay, thanks Mayor and council. Jim Norton, SEH. With me tonight is Mr. Jay
Whittaker, the project coordinator. He’s going to talk about the construction cost estimate in
more detail. Kind of a peak here and just briefly it talks about the schedule. Tonight’s
discussion is the 90% review and a review of the final construction cost estimates. And what’s
shown on here then as far as the 100% review, approval of plans and specifications, and then
rd
also at that council meeting in a month is the authorization for advertisement for bids. May 23
and then the opening of the bids would be sometime in late June, and between there there would
be a pre-bid meeting. Mandatory pre-bid meeting for contractors. Start of construction would be
in July. Start up of the treatment plant could potentially be in August of 2006 with an alternate
start up date December, 2006. So that’s kind of a general schedule that we’ve talked about and
have adhered to from the beginning so. With that I’d like to turn it over to Mr. Jay Whittaker to
talk in more detail about the final construction cost estimates.
Jay Whittaker: Council, mayor, staff. Just to go over our construction cost estimate. This is
basically the same format we used at the 30%. The one thing that got a little different, the
asterisks for base bid, if the alternates are accepted. That means that in those numbers we’ve
added in contingencies and inflation in some of the construction costs will be incurred in 2006.
So those two numbers represent what you can compare the actual bids that you’ll receive. And
the first number is base bid and that’s the high number. Based on our water plan that we’re
doing, Knutson is doing with us at Eagan, they also had a short schedule and a long schedule.
The longer one is the one that will actually be cheaper. So when I say both alternates, it’s a
deduct for the longer schedule, and an add for the other alternate which was a larger block on the
retaining walls to match your abutments on the pedestrian bridge. So those are those two
numbers. We’ve also been instructed by staff to implement a sales tax rebate and depending on
what exactly qualifies as process equipment with the state, that deduce should be something
around $300,000. And that’s a process that we have to set up right from the get go, from the
beginning, and it involves the sub’s, the general contractor and the city. And you will, the city
will pay your invoices just like, just normal and included will be the sales tax. But on all
qualifying equipment, and the way it’s worded it’s a manufacturing facility so you’re
manufacturing drinking water, and the process equipment for that is deductible. So then you’d
get reimbursed the sales tax that you paid. So we think that’s about $300,000. The sewer
availability charge, that charge is about 2. Our fee and then it’s got the base cost and the
alternate. And so talking to Paul this afternoon it sounded like the 10.5 was your project limit
and we’re in the ballpark so I didn’t tweak it. It’s just the way it came out so.
Paul Oehme: Mr. Whittaker, can you just update the council a little bit too on our test well that
we just…
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City Council Meeting – April 25, 2005
Jay Whittaker: Oh sure. Sure. The first test well was not good. There was a lot of clay. Very
confined glacial drift aqua fir so we moved the second test well north of the tracks, like you said
in your introduction. The southwest quadrant of 101 and 5. And that was very good.
Mayor Furlong: 101 and?
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Paul Oehme: 78 Street.
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Mayor Furlong: West 78 Street.
Paul Oehme: Yeah, just for clarification. Our first test well was drilled on Lot 1 of the plan.
Right on site there. We did not find a good, suitable source of water at that location so we had to
move to this new location.
Jay Whittaker: Right. It was the closest site we could get and still be feasible for a short piping
run into the plant. The city owned the land. It was available. And it met the isolation distances
for the Department of Health. But that one turned out much better. Much better. The test wells
at 6 inch, 30 foot of screen and Traut Well’s got 300 feet or 300 gallons per minute with a 6 foot
draw down. So it projects out to be about 1,000 to 1,200 gallon well for the production well.
We monitored with the city staff’s help, what affect those wells, 2, 5 and 6 had and it basically
hasn’t any. So we’re expecting about…so it looks much better. Anything else?
Mayor Furlong: Very good. Any questions?
Councilman Lundquist: Mr. Whittaker, major changes between the 60% and the 90%?
Anything?
Jay Whittaker: Besides the test well, we relocated the crossing for the railroad track a little bit
farther east. Just to make it a little more, what was the word? Reduce, it would increase the
amount of land that you can sell Lot 2.
Mayor Furlong: That was the watermain?
Paul Oehme: Yeah, the watermain. We changed the alignment of the watermain location to
maximize the amount of Lot number 2 so that was one of the changes. I think some storm water
modification as well to eliminate some pipe. Decrease some other pipe sizing so we eliminated
some costs there. And then re-routed I think a little storm water as well too.
Councilman Lundquist: How did we net out on the last time, if I remember right we were
talking about the, some overflow that we were going to try to put into the Highway 5. We were
going to run it all the way along.
Jay Whittaker: That still has to go to the pond at the southeast corner of Lot 2. The existing
storm sewer just doesn’t handle it.
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City Council Meeting – April 25, 2005
Councilman Lundquist: Okay, so going into 5 turned out that that’s not going to work? You
guys are looking at me like I’m talking Greek here.
Todd Gerhardt: They’re getting to it.
Jay Whittaker: I think the request was to try to minimize or eliminate this pond…system that
crosses Highway 5.
Councilman Lundquist: Right.
Jay Whittaker: And we did look at that and at that size, that capacity of that existing facility just
isn’t large enough. There’s a retaining pond or a storage pond down at the next watershed which
I believe is.
Paul Oehme: Yeah, just north of Rice Lake and there’s a storm water retention pond there that
serves as a significant drainage area and we looked at, we modeled that pond looking to capacity
and it’s under designed right now for the existing watershed so we do have to meet our
requirements of storm water pond in this location.
Mayor Furlong: Is it, following up on that, is it less expensive to put the pond here? Long term,
all things considered then to expand the existing one.
Paul Oehme: Right. We looked at the expansion issue too and basically on 3 sides of that pond
it’s wetland and the other side is the street embankment. So basically it’s land locked right there.
There’s no way to expand that pond.
Mayor Furlong: Okay. I guess it sounds like other than the issue of the test well, which last time
at 60% we knew that the first one was bad. So we got good news on the second one. From 60 to
90 there’s been no negative surprises or anything? It’s just, basically it’s coming together.
Paul Oehme: Correct.
Mayor Furlong: Alright.
Todd Gerhardt: Will we be capping the test well that you put on on Lot 1?
Jay Whittaker: The first one’s been abandoned.
Todd Gerhardt: Oh it has? I see the cap is still above ground.
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Paul Oehme: Oh, on West 78 Street?
Todd Gerhardt: Yeah.
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City Council Meeting – April 25, 2005
Jay Whittaker: The second test well is still in place and it will be used as a monitoring well for
the product well, number 11. But the first test well should be abandoned. Per Minnesota
Department of Health standards.
Mayor Furlong: Alright. Any other questions? Comments. Do you want us to consider your
motion?
Kate Aanenson: That would be good.
Todd Gerhardt: Mayor, if I could add one other thing is we may want to ask for citizen
comments at this time.
Mayor Furlong: Oh, excellent point. Welcome any citizen comments, public comments at this
point. If anybody would like to make comments on the, anything discussed tonight. Yes, please.
Kari Nettesheim: Kari Nettesheim, 9151 Great Plains Boulevard. Just you were saying that the
structure was going to incorporate looks of the bridge. Is that the wire part or the rock part?
Kate Aanenson: Both. Both.
Kari Nettesheim: Could we limit that to the rock part? That’s lovely. The wire part is kind of
industrial looking and you said it looks more like a school. That doesn’t look like the school.
That looks like prison kind of thing. And then also you said the trail was going to head back
east? And around. That kind of heads away from downtown and the library and theater and.
Kate Aanenson: Just so everybody can hear. Currently, if you want to look at the map while I’m
talking. Currently the trail comes up to the ped bridge, and it meets ADA. So it’s kind of
circuitous as it comes up because it’s very steep as you come up the rise of the hill. So we’re
still going to maintain that. It wraps around. So if you don’t want to go the long way around,
you could go straight across. Yep, so we gave two options.
Kari Nettesheim: Okay, thanks.
Kate Aanenson: There is too that we’ll be apprising people of during construction as far as
access on that, because we know a lot of people use that going back and forth to school so we are
aware of that and we’ll be, the City Engineer and myself have talked about that it will probably,
those that use it, the schools, of letting them know when it will be unavailable.
Mayor Furlong: Okay.
Todd Hoffman: Kate, let’s just point out where the stairs are on the shorter route though so
people who can handle those stairs.
Kate Aanenson: Yeah, right through here and that’s the steeper one. That will be the stairs
going between two retaining walls on either side. But it will be out of commission for a little
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City Council Meeting – April 25, 2005
while. We intend to let everybody know about that because we know people use it, and that’s
why we also are still working to get the one across the railroad tracks too, yep.
Mayor Furlong: Okay, thank you. Other comments?
Dick Mingo: Back again. Dick Mingo. This is going to be east of Boondoggle Bridge, right?
Okay. And the other, was there a lot in there did I understand that’s going to be available?
You’re not going to plan on eventually selling a lot in that little narrow strip are you?
Kate Aanenson: This is the second lot.
Dick Mingo: Which one? Can you point that out? That’s way to the east then.
Kate Aanenson: Correct.
Dick Mingo: And you think you’re going to sell that for what? Coffee shop again. There used
to be a drive in you know on that corner. Years ago. Again Mr. Gene Coulter’s spot.
Kate Aanenson: …it would get access via this private drive. We’re not giving access…
Dick Mingo: Is this going to be far enough away from Highway 5 as far as some big semi truck
losing control on the ice that it wouldn’t plow into that water treatment plant in some way, shape
or form?
Kate Aanenson: That’s correct. It’s actually sitting up pretty high.
Dick Mingo: Okay, thank you.
Mayor Furlong: Thank you. Any other comments from the public? Okay. Did you have?
Jim Norton: Mr. Mayor, if I can just make a couple of last minute comments. If we could just
look at this one more time. And this is a very tight site for construction and maybe you can kind
of point out where the pedestrian bridge is again but our intent is to have a temporary.
Kate Aanenson: Here’s the ped bridge right here.
Jim Norton: Our intent is to have temporary fencing all the way around the site so that people
just can’t meander and walk into the site and so that’s going to close that pedestrian bridge.
There’s going to be a lot of construction traffic going in and out of there and that’s why we want
to have that temporary fencing up during that construction so that will be up there for quite a
while.
Kate Aanenson: And that’s what we intend to let everybody know about that.
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City Council Meeting – April 25, 2005
Mayor Furlong: Okay. Alright, thank you. For those comments, thank you Mr. Gerhardt. At
this point, unless there’s any other comments or discussion on the matter, we do have 3 motions.
Is there a motion from the council with regard to the 3 motions in the council packet?
Councilman Lundquist: Motion to approve A, B, with conditions 1 through 25. C with
conditions 1 through 15 and based on the Findings of Fact, conditions 1 through 10 I’m sorry on
C. Motion C. In the planning packet.
Councilman Labatt: Second.
Mayor Furlong: Made and seconded. Is there any discussion on the motion? Hearing none
we’ll proceed with the vote.
Councilman Lundquist moved, Councilman Labatt seconded that the City Council approve
the Land Use Amendment from Parks and Open Space to Commercial contingent upon
Metropolitan Council review. All voted in favor and the motion carried unanimously with
a vote of 5 to 0.
Councilman Lundquist moved, Councilman Labatt seconded that the City Council approve
nd
the preliminary plat for Gateway East 2 Addition creating two lots and one outlot, plans
prepared by Hanson, Thorp, Pellinen, Olson, Inc. dated February 9, 2005, revised
February 26, 2005, based on the findings of fact attached to this report and subject to the
following conditions:
1. The applicant is required to meet the existing site runoff rates for the 10 year and 100
year, 24 hour storm events. The proposed pond must be designed to National Urban
Runoff Program (NURP) standards.
2. The storm sewer must be designed for a 10 year, 24 hour storm event. Submit storm
sewer sizing calculations and drainage map prior to final plat for staff review and
approval.
3. Drainage and utility easements must be dedicated on the final plat over the public storm
drainage system including ponds, drainage swales, and wetlands up to the 100 year flood
level. The minimum easement width must be 20 feet wide.
4. An access easement for the benefit of Lot 2 shall be recorded across Lot 1.
5. Submit a separate site plan, grading/drainage/erosion control plan and utility plan.
6. Pedestrian ramps per City Detail Plate No. 5215 are required at the street crossing of the
proposed trail.
7. On the grading plan:
a. Show all existing and proposed easements.
b. Show the benchmark used for the site survey.
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City Council Meeting – April 25, 2005
c. Show all proposed contour lines in bold.
d. Show the emergency overflow elevation from the proposed pond.
e. Show all proposed contours on the north side of the proposed trail and on Lot 2.
f. Do not show the proposed sanitary/water lines on the grading plan.
g. Show the proposed storm sewer to/from the pond.
8. On the site plan show the dimensions for street width, cul-de-sac radius, parking stalls,
trail, etc.
9. On the utility plan:
a. Show all existing and proposed utilities.
b. Show the proposed rim and invert elevations for all sanitary and storm sewer.
10. The proposed retaining wall along the north side of the backwash tanks will require a
building permit from the City’s Building Department.
11. Proposed erosion control must be developed in accordance with the City’s Best
Management Practice Handbook (BMPH). Staff recommends that Type I silt fence be
used along the entire south and west construction limits. A rock construction entrance,
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per City Detail Plate No. 5301 must be added to the plans off of existing West 79 Street.
In addition, tree preservation fencing must be installed at the limits of tree removal. All
disturbed areas, as a result of construction, must be seeded and mulched or sodded
immediately after grading to minimize erosion. Any off site grading will require an
easement from the appropriate property owner.
12. All of the utility improvements are required to be constructed in accordance with the City
of Chanhassen’s latest edition of Standard Specifications and Detail Plates. Detailed
construction plans, including plan and profile drawings of the proposed utilities, are
required to be submitted at the time of final plat.
13. Additional signage shall be installed alerting motorists to the blind approach near the
existing Hanus Building just west of the site.
14. The applicant shall work with the watershed district to provide regional water quality
infrastructure on this site.
15. The flow path and velocity of the water from the flared end sections to the storm water
shall be evaluated.
16. A Storm Water Pollution Prevention Plan (SWPPP) encompassing an erosion and
sediment control plan shall be developed for the site.
17. Temporary and permanent erosion control plans and details shall be developed.
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City Council Meeting – April 25, 2005
18. Erosion control blanket shall be applied to the storm water pond and any disturbed areas
between the flared end sections and the pond, as well as on any slopes greater than or
equal to 3:1.
19. Energy dissipation shall be provided at the flared end sections.
20. All exposed soil areas shall have temporary erosion protection or permanent cover year
round, according to the following table of slopes and time frames:
Type of Slope Time
Steeper than 3:1 7 days (Maximum time an area can
10:1 to 3:1 14 days remain open when the area
Flatter than 10:1 21 days is not actively being worked.)
These areas include constructed storm water management pond side slopes and any
exposed soil areas with a positive slope to a storm water conveyance system, such as a
curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other
natural or man made systems that discharge to a surface water.
21. Street cleaning of soil tracked onto public streets shall include daily street scraping and
street sweeping as needed.
22. Inlet protection shall be provided following installation. Wimco-type inlet controls are
recommended.
th
23. A rock construction entrance shall be provided from the site to West 79 Street.
24. Chanhassen Type I silt fence shall be installed around the south and east sides of the site.
25. The applicant shall apply for and obtain permits from the appropriate regulatory agencies
(e.g., Riley-Purgatory-Bluff Creek Watershed District, Minnesota Pollution Control
Agency, Minnesota Department of Natural Resources (for dewatering), Minnesota
Department of Health, Minnesota Department of Transportation), and comply with their
conditions of approval.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
Councilman Lundquist moved, Councilman Labatt seconded that the City Council approve
Site Plan Review for a 12,500 square foot building for a water treatment plant and an 8,100
nd
square foot back wash tank on Lot 1, Block 1, Gateway East 2 Addition, including the
landscaping plan prepared by the applicant, based on the findings of fact attached to this
report and subject to the following conditions:
1. Tree protection fencing will be required at the edge of grading limits in the southwest
corner of the property prior to any grading.
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City Council Meeting – April 25, 2005
2. Staff will coordinate the transplanting of any existing maples prior to construction.
3. City staff and the water treatment plant consultants will research and determine if
alternative ground covers can be used over the underground tanks.
4. Where appropriate, seeding will replace sod with the exception of along the curb line,
trails and adjacent to the building.
5. The building must be protected with an automatic fire sprinkler system.
6. The building plans must be prepared and signed by design professionals licensed in the
State of Minnesota.
7. One accessible parking space with an access aisle must be provided.
8. The west wall of the building must be of one hour fire resistive construction as it is
located less than 30 feet from the property line. Openings in this wall must be in
accordance with the building code.
9. The building owner and/or their representatives shall meet with the Inspections Division
to discuss plan review and permit procedures.
10. A site survey must be submitted in conjunction with the building permit application.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
APPROVE PURCHASE OF VARIOUS PLAYGROUND EQUIPMENT.
Public Present:
Name Address
Marcia and Mike Crist 6501 Welsley Court
Todd Hoffman: Good evening. Thank you Mr. Mayor, members of the council. As the mayor
said, the 2005 CIP includes the installation of 5 new playgrounds this year in various parks
across the city. All new, all 5 playground structures will be replacing out dated, wooded
playground equipment that’s currently in existence in these parks. The wood structures are all
redwood. There’s no treated wood in these structures. They’ve all been in place since about the
mid to late 1980’s. At this time staff is seeking City Council approval to purchase 4 of the new
playgrounds. I’ll go over those each briefly this evening. They are located at Chanhassen Hills
Park, Curry Farms Park, North Lotus Lake Park, and Rice Marsh Lake Park. The equipment
budget for each site was $40,000 with the exception of North Lotus, which was a little larger
park site. It’s considered more of a, almost a community park and their budget was $45,000.
The RFP or Request for Proposal in the selection process allowed each neighborhood to
participate in the planning, the selection and installation of the playground. All 4 neighborhood
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City Council Meeting – April 25, 2005
groups, they met a total of 14 times. Attendance at each one of those meetings varied from a few
people to…20 people. The RFP process included 6 different playground manufacturers.
Companies were selected based upon their past performance in the equipment quality. Upon
receipt of the RFP’s we took these boards, 6 for each playground site, out into the
neighborhood…and met with the residents. They reviewed the playground proposals
independently. Came up with their own evaluation methods as a committee, and then selected
their choice for what is considered the best plan for the most equipment and the most play value
for that particular playground. In all 4 independent evaluations the equipment and design
proposed by Midwest Playscapes, the company based in Chaska with a rep from town here in
Chanhassen, was selected. So the boards again for each park represents Rice Marsh Lake. The
top one. Second one is Chanhassen Hills. This is the only neighborhood that selected two
independent play structures. One for children ages 2 through 5, which is the smaller structure,
and then the equipment for ages 5 through 12. Third structure is going to be installed at North
Lotus Lake Park. If you’re familiar with what’s there today, these are a huge improvement.
These neighbors and neighborhoods are extremely excited and the months of June and July will
be very busy with installation and changes at these park sites. The last one we have, and Curry
Farms Park, a couple of these will change slightly just based on neighborhood comment as the
final neighborhood meeting. The meetings were very enjoyable for the neighbors. I enjoyed
participating in them and we met a couple or three times at each different neighborhood to get
the selection process complete. I can tell you about the neighborhood install dates. They’re
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tentatively scheduled for Curry Farms Park, the one you have right here on June 17 and 18.
To give you an idea how that will work. Our crew will show up with a crew of 2 along with the
playground manufacturer’s representative on a Friday morning. They’ll start laying out the site
and then about noon a dozen to 20 volunteers from each neighborhood will show up to work on a
Friday afternoon from noon until probably dark. They will auger the holes, install the posts, mix
the concrete and basically get the frame of the structure set in place by Friday night. On
Saturday morning those people will come back for a first shift starting at about 8:00 on a
Saturday morning and working til noon or 1:00. That shift will take a break. Head on home to
be with their families and then a second shift for Saturday will come in and work until 5:00 or
6:00 at night when they will have the equipment basically complete in a day and a half working
with about 20 people on each particular shift. Then that evening each of these neighborhoods
has planned a neighborhood gathering or picnic and they will all come together on a Saturday
evening to celebrate the completion of their playground and to hold a neighborhood picnic. So 2
thththth
weeks in a row, June 17 and 18 and then June 24 and 25 will be Curry Farms and then
ththth
North Lotus will be the second one. And then following the 4 of July, July 8 and 9 will be
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Rice Marsh, and July 29 and 30 will be Chanhassen Hills Park. So again those months will be
very busy. The quoted price for each playground does include 2 days of dedicated installation
supervision and again I talked about in addition we will have 2 of our people out there
monitoring the installation process and assisting. This method of combining professional
installers with neighborhood volunteers, and utilizing the appropriate equipment has proved very
efficient and rewarding in the past. It’s staff’s recommendation that the council approve the
purchase of these 4 new playgrounds for Chanhassen Parks from Midwest Playscapes Inc. and
the total dollar amounts are there. Chanhassen Hills Park neighborhood, $39,999.86. The same
quoted price for Rice Marsh and Curry Farms, and then finally North Lotus Lake Park for
$44,998.97. All of these expenditures were appropriately allocated to meet the overall budget of
our 2005 playground replacement budget, which is a total of $455,000. Be glad to answer any
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City Council Meeting – April 25, 2005
questions. We also have Chair Stolar here this evening from our park commission and then we
have some of the residents that participated in the process if you’d like to hear from them as
well.
Mayor Furlong: Thank you. Any questions? Councilwoman Tjornhom.
Councilwoman Tjornhom: Todd. These costs, do they include, will there be any additional
landscaping that will need to be done or how about the surface underneath the structures itself?
What happens with that?
Todd Hoffman: Sure. These costs are for equipment only and then there will be additional
investment made in concrete border, and then what is, in these sites what’s called in here wood
fiber and so those costs are in addition to these quoted expenditures and those are still all within
the budget that we planned.
Mayor Furlong: Okay. Question on the neighborhood involvement. I know one from a
selection process but two, from the installation standpoint. I think I know the answer but just for
clarification, it wasn’t an issue of the city not having enough money to put in the playground
equipment within the budget.
Todd Hoffman: Correct.
Mayor Furlong: It was an issue that with the neighborhood involvement these parks, there was
more money to spend on the equipment rather than spending it on the labor, is that correct?
Todd Hoffman: That’s absolutely correct. 100% accurate. Each of these received about an
additional $7,000 to $8,500 in equipment because that did not have to go into labor and so they
enlarged their playgrounds and they were all very happy to participate. They were given the
option, do you want to participate in this neighborhood process and all of them enthusiastically
said yes.
Mayor Furlong: Okay, good. Thank you. Chair Stolar any comments or, you wanted to make?
Glenn Stolar: Did he want to go first?
Mayor Furlong: Sure. Come on forward Mike.
Mike Crist: Thank you Mr. Furlong. Nice to meet you everybody. My name is Mike Crist of
6501 Welsley Court. I’m very happy about this project. I would like to help like build some
benches or wood trash containers or whatever to help out with this project. And that’s basically,
that’s basically it. Thank you.
Mayor Furlong: Good, thank you.
Glenn Stolar: Thank you Mr. Mayor. I’m Glenn Stolar. I’m Chair of the Park and Rec
Commission and also 6395 Oxbow Bend. One of the neighborhoods getting one of these parks,
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City Council Meeting – April 25, 2005
and I have 3 young kids so as a citizen, thank you. It’s a great addition. My kids, this morning
in fact we drove by there and they said, that’s where the new playground’s going so everybody’s
excited. It’s great. As Chair of the Park and Rec Commission, this has been something we’ve
been working with Todd and his staff and the city staff for about a couple years. 3 or so years
and we appreciate the City Council giving us the opportunity to bring this to our citizens. Thank
you.
Mayor Furlong: Great, thank you. And this is really the second year of replacement. I know we
started the first one last year and we’re making actually replacement faster than what we
originally planned so very good. Thank you, any other comments? Questions?
Councilman Lundquist: Questions. First a question on liability with the citizens helping. Any
risk there at all? Somebody gets hurt, even with the supervision. Where do we stand on that?
Todd Hoffman: During the installation process itself?
Councilman Lundquist: Yes.
Todd Hoffman: Or after?
Councilman Lundquist: No, during the installation process.
Todd Hoffman: Roger, want to take a stab. I mean we do these all the time so I’ll let Roger
answer the question.
Roger Knutson: Any time you do anything there’s a certain amount of liability. You can cover
your volunteers, and I don’t know the answer whether you do under workers comp. You can, it
isn’t much but you can get workers comp coverage for your volunteers. I don’t know what it
costs or.
Todd Gerhardt: We can check into that. We’ve done it in the past but.
Councilman Lundquist: Something I guess to maybe check the box. Do a little bit of diligence
there. Second, are the three playgrounds at Chanhassen Hills, Rice Marsh Lake and Curry
Farms, are they all different equipment?
Todd Hoffman: All different equipment. All different designs.
Councilman Lundquist: So then I guess the cynical comment is, how come they missed it by a
$1.03 on North Lotus and only 14 cents on the other two?
Todd Hoffman: I do not know.
Councilman Lundquist: We should be getting like maybe 87 cents worth more at North Lotus
Lake Park.
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City Council Meeting – April 25, 2005
Mayor Furlong: You want another bolt?
Councilman Lundquist: No, but in all seriousness, Glenn you made a good comment there and a
good process working with this and giving the neighborhood the opportunities to pitch in a little
sweat equity so to speak to get a more equipment there as well so good process getting the
parties there that are going to be affected involved and giving them a chance to really get a great
product out too and give them some ownership in the process and make them feel good about
that. And good win for the city. Good win for the residents there and everyone so, compliments
to Todd. To you and your staff and Glenn, members of the Park and Rec Commission to pull
that all together too so, looking forward to seeing all those go up as well in addition to the ones
from last year.
Councilwoman Tjornhom: Councilman Lundquist, Councilman Peterson just handed me a bolt
for you.
Councilman Lundquist: That for clarification would be a nut.
Councilman Peterson: I didn’t say bolt. I knew it was a nut.
Todd Gerhardt: Hope that didn’t come off last year’s playground equipment.
Councilwoman Tjornhom: Obviously I won’t be helping with the installation.
Mayor Furlong: Very good. Other comments? I think Councilman Lundquist said it well. This
is very positive and congratulations. Appreciate the process and the effort because it’s, as he
said, a win win for everybody and this is great. Fun to see these things happening. Any other
comments? Discussion on this. Is there a motion to approve staff’s recommendation?
Councilman Peterson: So moved.
Mayor Furlong: Thank you. Is there a second?
Councilman Lundquist: Second.
Mayor Furlong: Made and seconded. Any discussion on the motion? Hearing none, we’ll
proceed with the vote.
Councilman Peterson moved, Councilman Lundquist seconded that the City Council
approve the purchase of the following four new playgrounds for Chanhassen parks from
Midwest Playscapes, Inc.:
?
Chanhassen Hills Park Playground - $39,999.86
?
Rice Marsh Lake Park Playground - $39,999.86
?
Curry Farms Park Playground - $39,999.86
?
North Lotus Lake Park - $44,998.97
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City Council Meeting – April 25, 2005
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
COUNCIL PRESENTATIONS:
Mayor Furlong: Any issues to come before the council. I guess one comment, I attended on
Friday and Saturday the annual conference for the Minnesota Association of Mayors. The topic
was transportation, and it was an interesting topic. Demonstrating the anticipated needs, given
across the state in terms of growth and current needs in terms of congestion and safety. The
issue was, there’s a lot more needs than money and what are they going to do so transportation
obviously is one of the issues the legislatures going to be working with along with the governor
and that’s why I think, you know as much as there are other mayors there from across the state
talking about how much they need it, I couldn’t help but sit there and feel a little proud about
how successful we’ve been working with MnDot and Carver County, as I said earlier tonight and
the projects that are going on in our town. It’s good to see because our projects are going to be
dealing with safety, dealing with congestion as well. So, but overall it was a good conference.
So an update there. Any other discussion from council members?
ADMINISTRATIVE PRESENTATIONS:
None.
CORRESPONDENCE DISCUSSION.
None.
Councilman Lundquist moved, Mayor Furlong seconded to adjourn the meeting. All voted
in favor and the motion carried. The City Council meeting was adjourned at 9:20 p.m..
Submitted by Todd Gerhardt
City Manager
Prepared by Nann Opheim
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