CC SUM 2014 10 23
CHANHASSEN CITY COUNCIL
REGULAR MEETING
SUMMARY MINUTES
OCTOBER 13, 2014
Mayor Furlong called the meeting to order at 7:05 p.m. The meeting was opened with the Pledge to
the Flag.
COUNCIL MEMBERS PRESENT:
Mayor Furlong, Councilman Laufenburger, Councilwoman Ernst,
and Councilwoman Tjornhom
COUNCIL MEMBERS ABSENT:
Councilman McDonald
STAFF PRESENT:
Todd Gerhardt, Laurie Hokkanen, Paul Oehme, Kate Aanenson, Todd Hoffman,
and Roger Knutson
PUBLIC PRESENT:
Dan Campion 340 Trappers Pass
Bob Adomaitis, Riley Lake/SWMLC 9503 Highview Drive, Eden Prairie
Naomi Carlson 6411 Bretton Way
Jerry Story 6281 Teton Lane
Robert Rabe 6307 Teton Lane
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PUBLIC ANNOUNCEMENTS:
Mayor Furlong read an invitation to the 30 Annual Halloween Party
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being held on Saturday, October 25.
CONSENT AGENDA: Councilwoman Tjornhom moved, Councilwoman Ernst seconded to
approve the following consent agenda items pursuant to the City Manager’s recommendations:
1. Approval of City Council Minutes dated September 22, 2014
2. Receive Planning Commission Minutes dated September 16, 2014
3. Receive Park and Recreation Commission Minutes dated September 23, 2014
4. Approve Amendment to Purchase Agreement with Halifax Development, LLC (Noodle
Restaurant).
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
VISITOR PRESENTATIONS.
Bob Adomaitis, 9503 Highview Drive, Eden Prairie and President of
Lake Riley Improvement Association, formally introduce a newly formed organization called the
Southwest Metro Lakes Coalition. He explained the purpose of this coalition which includes
homeowners associations from a number of lakes within the Riley-Purgatory-Bluff Creek Watershed
District and their challenge with the Riley-Purgatory-Bluff Creek Watershed District regarding their
authority to supersede municipal and DNR ordinances already in place.
SHOPS AT CHANHASSEN, OUTLOT A, CHANHASSEN RETAIL ADDITION AND A
PORTION OF THE TARGET PARKING LOT: REQUEST FOR PRELIMINARY PLAT AND
City Council Summary – October 13, 2014
SITE PLAN REVIEW FOR A 4,412 SQUARE FOOT RETAIL/RESTAURANT BUILDING.
APPLICANT: HALIFAX DEVELOPMENT, LLC/OWNER: TARGET CORPORATION.
Kate Aanenson presented the staff report and Planning Commission update on this item. Councilman
Laufenburger pointed out a discrepancy in the square footage numbers, and asked for clarification on
what was being approved with this request. Councilwoman Tjornhom asked about the possibility of a
future drive thru, parking, delivery trucks and signage. Mayor Furlong asked for clarification on
screening of the rooftop equipment, and access from Target Lane. Being an employee of Target,
Councilwoman Ernst recused herself from this item.
Councilman Laufenburger moved, Councilwoman Tjornhom seconded that the City Council
approves Planning Case 2014-28 consisting of a preliminary plat to replat 63,372 square feet into
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one lot and one outlot, Chanhassen Retail 4 Addition as shown in plans dated received October 6,
2014; approval of a site plan dated August 13, 2014; and adoption of the attached Findings of Fact
and Recommendation, subject to the following conditions:
Engineering
1. Before the final plat is recorded the Surface Water Management fees, Park Dedication fees, and GIS
fees must be paid as well as any recording fees not collected with the final plat application.
2.The applicant shall submit $25,000 in lieu of constructing stormwater best management
practices. This shall be due at time of final plat to be put into an account to be used
exclusively for the improvement of water quality downstream of the site.
3.The Storm Water Utility fee is estimated to be $18,525.10 and shall be due at final plat.
Park and Trail
1. Full park fees in lieu of additional parkland dedication and/or trail construction shall be collected as a
condition of approval for Shops at Chanhassen. The park fees will be collected in full at the rate in force
upon final plat submission and approval.
Site Plan
Environmental Resource
1.The applicant shall provide Rational Method calculations for proposed pipe design. The
applicant shall work with City staff to assure downstream system has adequate capacity to
handle the additional volume directed from the new impervious surface.
2.The erosion prevention and sediment control plan must be consistent with Section 19-145 of
Chanhassen City Code.
Building Official
1. The building is required to have automatic fire extinguishing systems.
2. Building plans must be prepared and signed by design professionals licensed in the State of Minnesota.
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City Council Summary – October 13, 2014
3. Retaining walls over four feet high must be designed by a professional engineer and a permit must be
obtained prior to construction.
4. Detailed occupancy-related requirements will be addressed when complete building plans are submitted.
5. The owner and or their representative shall meet with the Inspections Division as soon as possible to
discuss plan review and permit procedures.
Engineering
1.The developer must work with the neighboring property owners, including the City, to
acquire temporary construction easement for all off-site grading and construction.
2.The developer must acquire a permanent easement over all improvements the developer shall
own and be responsible for maintaining, such as the storm sewer.
3.The developer must obtain an access agreement from the City for construction and
maintenance of the sanitary sewer and water main within the right of way of Target Lane.
4.The developer’s engineer shall include the Perkin’s parking lot islands in the topographic
plan. Current plans do not show all islands within the survey area.
5.Final plans shall include existing and proposed elevations at the property corners and
structure corners.
6.The grading plan shall include drainage arrows to indicate the direction of water flow.
7.The developer shall submit an accurate soils report indicating soil conditions and
permeability.
8.The grading plan shall identify proposed stockpile areas.
9.The grading plan shall show the top and bottom elevation of the retaining wall near the
Target sign.
10.The parking spaces shall be adjusted so that minimum dimensions are measured from the
gutter flow line.
11.The developer must pay the partial payment of the SAC fees and the WAC fees with the final
plat.
Planning
1.All rooftop and ground equipment must be screened from views.
2.Sign illumination and design shall comply with ordinance. Wall signs shall be limited to the
north, east and south elevations. Wall and monument signage shall comply with the sign
ordinance. All signs require a sign permit.
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City Council Summary – October 13, 2014
3.The applicant may share a monument sign within the same PUD contingent upon the removal
of the existing monument sign.
4.The exterior material for the trash enclosure must be of the same exterior material as the
building. Recycling space and other solid waste collection space should be contained within
the same enclosure.
5.Light levels for site lighting shall be no more than one-half foot candle at the project
perimeter property line. This does not apply to street lighting. All fixtures must be shielded.
6.Provide and maintain a cross access agreement with Target for parking.
7.Approval of the site plan is contingent upon approval of the subdivision and the
administrative lot line adjustment for Target as shown in Exhibit # 7
All voted in favor and the motion carried unanimously with a vote of 3 to 0. As an employee of
Target, Councilwoman Ernst recused herself from this item.
At this point Councilwoman Ernst rejoined the City Council for the remainder of the meeting.
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FRETHAM 19 ADDITION, 6397 AND 6411 BRETTON WAY: REQUEST FOR
PRELIMINARY PLAT REVIEW FOR A FOUR-LOT SUBDIVISION WITH VARIANCES FOR
HARD COVER AND SETBACK. APPLICANT: LAKEWEST DEVELOPMENT, LLC/OWNER:
NAOMI CARLSON.
Kate Aanenson presented the staff report and Planning Commission update on this item. Council
members asked for clarification on the easements for the properties at 6305 and 6281 Teton Lane,
retaining walls, lot size, hard cover variances, the non-conforming use, setbacks, access to the northern
part of Lot 2, demolition of current buildings, and access to Lot 1. The applicant, Ben Wikstrom
discussed neighborhood meetings that were held prior to the Planning Commission, the practical
difficulties associated with the variance requests, and housing types proposed to be built. Jerry Story,
6281 Teton Lane addressed his concerns with the deeded easement and the retaining wall. Robert Rabe,
6305 Teton Lane discussed the location of the house on Lot 1, and concerns with the northern half of Lot
2 in relation to his property. After comments from council members the following motion was made.
Councilwoman Tjornhom moved, Councilman Laufenburger seconded that the Chanhassen City
Council approves the preliminary plat creating four lots, approves the hard cover variances for
Lots 1 and 3 of 7.4 percent (32.4% hardcover) and 3.2 percent (28.2% hard cover respectively), as
well as the front setback variance for Lot 1 of 10 feet (20 foot front setback on Bretton Way),
subject to the following conditions and adoption of the Findings of Fact:
Subdivision with setback and hardcover variances:
Building:
1.
Appropriate permit(s) required for the demolition or moving of any existing structures.
2.
A final grading plan and soils report must be submitted to the Inspections Division before building
permits can be issued.
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City Council Summary – October 13, 2014
3.
Retaining walls over four feet high require a permit and must be designed by a professional engineer.
4.
Each lot must be provided with separate sewer and water services.
Engineering:
1. The easements per Documents T15149 and T17882 must be extinguished prior to final plat approval.
2. Prior to final plat submittal the developer shall coordinate with the gas company to verify the location
of the gas line. If the gas line is not within an existing easement the developer must provide and
dedicate the necessary easement or relocate the gas line to lie within an easement area in accordance
to CenterPoint Energy’s specifications.
3. The drainage and utility easements on the north side of Lots 1 and 3 can be reduced to 10 feet.
4. Any portion of the gravel surface on the north side of the property that is disturbed with this
development shall be paved.
5. It is the developer’s responsibility to coordinate access to the gravel surface with the affected
residents during construction.
6. The proposed retaining wall shall comply with the following:
a) A building permit is required,
b) The design shall comply with the Minnesota Department of Transportation standards for retaining
walls,
c) The drainage design for the wall shall consider the surface runoff that will sheet drain towards the
wall,
d) The wall crosses over property lines and therefore it shall be built in conjunction with the
subdivision and a homeowners association must be formed to own and maintain the wall,
e) An encroachment agreement will be required before the retaining wall building permit is issued if
the retaining wall is to be installed within the platted drainage and utility easement.
f) The developer shall ensure that the wall construction does not compromise the private sanitary
sewer service or the gas line in the area.
g) The developer shall install a barrier (fence, berm, landscaping or other barrier) between the
private gravel street and the top of the retaining wall.
7. All driveways within the development shall meet the 10% maximum driveway slope. The developer
is encouraged to consider a driveway design that many homeowners desire which includes a landing
(typically 3%) at each end of the driveway (at the street and at the garage).
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8. Sewer and water services to each of the proposed four lots were installed by the Curry Farms 2
Addition developer; therefore, the sewer and water lateral fees do not apply.
9. Prior to final plat approval the developer shall identify which of the four lots will receive the City
SAC and City WAC credit.
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City Council Summary – October 13, 2014
10. The remaining three lots shall be subject to the City SAC and WAC, 30% of which will be collected
with the final plat at the rate in effect at the time of final plat approval.
11. All lots are subject to the Metropolitan Council Environmental Services Sanitary Access Charge
(MCES SAC), which is paid with the building permit.
12. A portion of the private sanitary sewer service to the home located on 6281 Teton Lane will encroach
into the platted drainage and utility easement; therefore, an encroachment agreement is required.
Natural Resources:
1. Tree protection fencing will be required at the edge of grading limits near any preserved trees. It shall
be installed prior to grading.
2. Trees required to be planted are as follows: Lot 1 – 5 trees, Lot 2 – 2 trees, Lot 3 – 4 trees, Lot 4 – 7
trees.
Planning:
1. The developer shall perform a phase I environmental audit on the property surrounding the
commercial building prior to recording the final plat.
2. The existing buildings on the property, including sheds, house and the long building must be
demolished prior to recording of the final plat.
3. A ten-foot building setback from the access easement (Doc. No. 14111 and 14055) is required.
4. The developer shall work with the neighboring property owners to clarify the use, permitted users and
maintenance responsibility of the easement. Specifically, the easement must assure that the property
owner for Lot 2 may access the rear of their property via this easement. The developer shall ensure
that the necessary easement is in place so that the future property owner of Lot 2 can access the
northern tip of the property. A revised easement document shall be recorded with the plat.
Water Resources:
1. The applicant shall either procure a drainage and utility easement over the entirety of the culvert or
they shall install a catch basin manhole in Bretton Way just west of the driveway for Lot 4 and tie this
into the existing public storm sewer system. In either event, the applicant shall model the conveyance
choice to assure adequate capacity and provide a safe and stable emergency overflow.
2. The applicant must provide clarification to resolve the disparate impervious surface calculations and
assure adequate volume reduction.
3. The applicant shall provide infiltration/water quality volume adequate to address the volume
reduction requirements for the runoff from all impervious surfaces in the development.
4. The applicant must provide a detail of the rain gardens which is consistent with the recommendations
and requirements of the Minnesota Stormwater Manual before final plat approval.
5. The applicant shall provide a detailed planting schedule for the rain garden areas.
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City Council Summary – October 13, 2014
6. The applicant shall provide a hydrograph showing the duration of ponding is less than 48 hours and
shall reduce the ponding depth so the bounce does not exceed MN Storm Water Manual guidance or
correct the soils and demonstrate that they are commensurate with HSG A or B soils.
7. The side slopes into the rain gardens shall not exceed three horizontal feet for every one vertical foot.
8. Discharge velocities into the rain gardens shall not exceed four cubic feet per second or the applicant
shall provide scour calculations and adequate energy dissipation to assure erosion will not be an issue.
9. Pre-treatment shall be provided to minimize sediment deposition into the rain gardens.
10. Drain tile services must be provided to all properties that will flow from the back to the front of the
lot.
11. Erosion Control plan /SWPPP must include all elements required under Chapter 19 of City Code.
12. Engineer estimate of quantities for erosion control and sediment prevention, including those
necessary for final site stabilization, shall be provided and used to calculate escrow amount.
13. A Storm Water Management Utility fee estimated to be $9,168.00 shall be paid with final plat.
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
APPROVE CONTRACT FOR TH 101 ENVIRONMENTAL ASSESSMENT AND
PRELIMINARY DESIGN.
Paul Oehme presented the staff report on this item. Councilman Laufenburger asked for clarification of
the costs associated with the bid received from Kimley-Horn and Associates. Mayor Furlong asked staff
to explain the official mapping process.
Resolution #2014-62: Councilman Laufenburger moved, Councilwoman Ernst seconded that the
City Council approves a consultant agreement with Kimley-Horn and Associates in the amount of
$265,610 for TH 101 Environmental Documentation and Preliminary Design between Pioneer Trail
(CSAH 14) and Flying Cloud Drive (CSAH 61), Project No. 14-08 predicated upon a successful
completion of a joint powers agreement and approved review by the City Attorney. All voted in
favor and the motion carried unanimously with a vote of 4 to 0.
COUNCIL PRESENTATIONS.
None.
ADMINISTRATIVE PRESENTATIONS.
Todd Gerhardt reviewed the detours associated with the
lower wye and Minnesota River crossing projects.
CORRESPONDENCE DISCUSSION.
None.
Councilwoman Ernst moved, Councilwoman Tjornhom seconded to adjourn the meeting. All voted
in favor and the motion carried unanimously with a vote of 4 to 0. The City Council meeting was
adjourned at 9:25 p.m.
Submitted by Todd Gerhardt
City Manager Prepared by Nann Opheim
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