SUM 2005 06 27
CHANHASSEN CITY COUNCIL
REGULAR MEETING
SUMMARY MINUTES
JUNE 27, 2005
Mayor Furlong called the meeting to order at 7:05 p.m.. The meeting was opened with the
Pledge to the Flag.
COUNCIL MEMBERS PRESENT:
Mayor Furlong, Councilman Labatt, Councilman
Peterson, and Councilwoman Tjornhom. Councilman Lundquist arrived during discussion of
item 3.
STAFF PRESENT:
Todd Gerhardt, Elliott Knetsch, Justin Miller, Paul Oehme, Todd
Hoffman, and Kate Aanenson
PUBLIC ANNOUNCEMENTS:
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Mayor Furlong invited the public to attend the city’s 4 of July celebration events on Sunday,
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July 3 and Monday, July 4. Todd Hoffman read a list of events and times. Greg Krauska
with the Chanhassen Rotary talked about the special events such as the parade, Classic Car
Show, and Taste of Chanhassen.
CONSENT AGENDA: Councilman Peterson moved, Councilwoman Tjornhom 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 June 13, 2005
-City Council Verbatim & Summary Minutes dated June 13, 2005
Receive Commission Minutes:
-Planning Commission Verbatim & Summary Minutes dated June 7, 2005
b. Approval of Amendment to City Code Concerning Solicitor Licenses.
c. Approval of Southwest Metro Transit Joint Powers Agreement.
Resolution#2005-60:
d. Approval of Renewal of Gambling Premises Permit, Chanhassen
American Legion Club Post 580, 290 Lake Drive East.
e. Approval of Settlement Agreement with Paws, Claws & Hooves Development.
f. Approval of Road Closures for the Fourth of July Parade.
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
City Council Summary – June 27, 2005
VISITOR PRESENTATIONS:
None.
LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE.
Sergeant Jim Olson presented the Sheriff’s Office area report, citation list, Community Service
Officer report and crime alerts issued by Crime Prevention Specialist Beth Hoiseth for the month
of May. Chief Gregg Geske presented the report for the month of May from the fire department.
PUBLIC HEARING TO CONSIDER RENAMING THE CHANHASSEN COMMUNITY
GARDENS TO OLSON COMMUNITY GARDENS.
Public Present:
Name Address
Mel Kurvers 7240 Kurvers Point Road
Fred Prinz 408 Santa Fe Circle
Pat McGough 7230 Pontiac Circle
Marian Olson 545 Lake Drive, #218
Linnea Pratt 3639 Larchwood Drive
Kate Aanenson presented the staff report, asking that the Chanhassen Community Gardens be
renamed to Olson Community Gardens in honor of Al Olson who was instrumental in the
development and daily upkeep of the garden. Mayor Furlong opened the public hearing. No one
spoke and the public hearing was closed. Councilman Peterson asked, taking Al out of the
picture, where do you start and where do you stop in handling requests such as this. Todd
Gerhardt informed the council that the city has a policy in place to handle these matters and the
last item that was considered was changing the name of Chan Pond to Kerber Pond.
Councilwoman Tjornhom felt it was good lesson for children in the community on how to be
good citizens and take care of things that live on into another generation. She also thought it was
a lovely sentiment. Councilman Peterson felt the City Council should review the policy and
determine how to move ahead long term before voting on this issue.
Councilwoman Tjornhom moved, Councilman Labatt seconded that the City Council
approves renaming of the Chanhassen Community Gardens to the Olson Community
Gardens. All voted in favor, except Councilman Peterson who opposed, and the motion
carried with a vote of 4 to 1.
PUBLIC HEARING ON VACATION OF EASEMENTS AND RIGHT-OF-WAY IN
CRESTVIEW, PROJECT 05-11.
Paul Oehme presented the staff report. Mayor Furlong opened the public hearing. No one
spoke and the public hearing was closed.
Resolution#2005-61: Councilman Lundquist moved, Councilwoman Tjornhom seconded
that the City Council approves the attached resolution vacating a portion of the existing
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City Council Summary – June 27, 2005
public right-of-way and drainage and utility easement as defined on the attached vacation
description. All voted in favor and the motion carried unanimously with a vote of 5 to 0.
PUBLIC HEARING ON VACATION OF UTILITY AND DRAINGE EASEMENTS,
BOYER ON LAKE MINNEWASHTA.
Paul Oehme presented the staff report on this item. Mayor Furlong opened the public hearing.
No one spoke and the public hearing was closed.
Resolution#2005-62: Councilman Peterson moved, Councilman Lundquist seconded that
the City Council approves a resolution vacating drainage and utility easements (light
shaded) and dedicating the new public drainage and utility easements (dark shaded) as
defined on the attached vacation and parcels A, B and C legal descriptions, with the
following conditions:
1. Due to the relocation of property lines, existing easements need to be vacated and new
easements dedicated. The request before the City Council is to vacate some of the
existing easements.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
REQUEST FOR A 5 FOOT VARIANCE FROM THE MINIMUM 10 FOOT SIDE YARD
SETBACK TO BUILD A STORAGE SHED, 7450 CHANHASSEN ROAD, TIMOTHY
AND DIANE MCHUGH, PLANNING CASE 05-17.
Kate Aanenson presented the staff report and Planning Commission update on this item. The
applicant, Tim and Diane McHugh presented photographs showing views of the shed and house.
Mayor Furlong asked for clarification on the non-conformity of the lot.
Councilman Lundquist moved, Councilwoman Tjornhom seconded that the City Council
approves Variance #05-17 for a 5 foot variance from the minimum 10 foot side yard
setback to build a storage shed on a riparian lot zoned Single Family Residential (RSF),
with the following condition:
1. Construction of the shed shall match the principal structure by using vertical siding on the
exterior of the shed and painting the shed the same color as the principal structure.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
SAND COMPANIES, INC.; LOCATED AT THE NORTHWEST CORNER OF LYMAN
BOULEVARD AND REALIGNED 101; PLANNING CASE 05-10:
A. REQUEST FOR REZONING FROM RESIDENTIAL SINGLE FAMILY TO
PLANNED UNIT DEVELOPMENT, MIXED USE.
B. CONSIDER LETTER OF SUPPORT FOR TAX CREDIT APPLICATION.
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City Council Summary – June 27, 2005
Kate Aanenson presented the staff report and Planning Commission update. Councilman
Peterson asked if the PUD design standards were similar to other PUD’s in the city. Mayor
Furlong asked for clarification on the sidewalk/trail circulation and the height of the apartment
building. He then opened up the meeting for public comment. No one spoke. Mayor Furlong
directed staff to bring updated design standards for the City Council to review.
Councilman Lundquist moved, Councilman Labatt seconded that the City Council
approves rezoning the property located at the northwest quadrant of the intersection of
realigned Highway 101 and Lyman Boulevard with an approximate area of 24 acres from
Residential Single Family to Planned Unit Development-Mixed Use incorporating the
following design standards:
CHANHASSEN GATEWAY
PUD DEVELOPMENT DESIGN STANDARDS
a. Intent
The purpose of this zone is to create a MIXED USE PUD including a
NEIGHBORHOOD COMMERCIAL, OFFICE AND RESIDENTIAL. The use of the
PUD zone is to allow for more flexible design standards while creating a higher quality
and more sensitive development. Each structure proposed for development shall proceed
through site plan review based on the development standards outlined below.
b. Permitted Uses
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The permitted uses in this zone should be limited to appropriate commercial and
service uses consistent with meeting the daily needs of the neighborhood. The uses
shall be limited to those as defined herein. If there is a question as to whether or not a
use meets the definition, the Community Development Director shall make that
interpretation. The type of uses to be provided on these lots shall be low intensity
neighborhood oriented retail and service establishments to meet daily needs of
residents. Commercial and office uses shall be limited to the area located south of
Highway 212. Residential uses shall be located north of Highway 212 and along the
western portion of the southern half.
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Small to medium-sized restaurant-not to exceed 8,000 square feet per building (no
drive-thru windows)
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Banks with a drive-in service window
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Office
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Day care
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Neighborhood scale commercial up to 8,000 square feet per tenant
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Convenience store with or without gas pumps
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Specialty retail (Book Store, Jewelry, Sporting Goods Sale/Rental, Retail Sales,
Retail Shops, Apparel Sales, etc.)
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Personal Services(an establishment or place of business primarily engaged in
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City Council Summary – June 27, 2005
providing individual services generally related to personal needs, such as a Tailor
Shop, Shoe Repair, Self-Service Laundry, Laundry Pick-up Station, Dry Cleaning,
Dance Studios, etc).
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Residential High Density (8-16 units per net acre). The total number of units for the
entire site may not exceed 150 units.
c. Building Area
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Commercial/Office – Not to exceed 75,000 square feet for the entire development
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Maximum Commercial/Office lot usage is a Floor Area Ratio of 0.3
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Maximum office/commercial building area per tenant may not exceed 8,000 square
feet
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Maximum residential units may not exceed 150 units.
d. Prohibited Ancillary Uses
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Drive-thru Windows except banks or pharmacies.
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Outdoor storage and display of merchandise
e. Setbacks
The PUD ordinance requires setbacks from roadways and exterior property lines. The
following table displays those setbacks.
Boundary Building/ Parking
Setbacks (feet)
Lyman Boulevard 50/50
Highway 101 50/50
Highway 212 50/50
Northerly Project Property Line 50/20
Westerly Project Property Line 50/20
Internal Project property lines 0 /0
Hard Surface Coverage-Residential 50 %
Commercial and Office Hard Surface Coverage 70 %
Maximum Commercial (Retail) Building/Structure Height 1 story
Maximum Office Building/Structure Height 2 stories
Maximum Residential Building/Structure Height 35 or 3 stories,
whichever is less
f. Non Residential Building Materials and Design
There shall not be underdeveloped backsides of buildings. All elevations shall receive
nearly equal treatment and visual qualities. Buildings and site design shall comply with
design standards outlined in Article XXIII. General Supplemental Regulations, Division
7 of the Zoning Ordinance.
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City Council Summary – June 27, 2005
g. Residential Standards
Buildings and site design shall comply with design standards outlined in Article XXIII.
General Supplemental Regulations, Division 9 of the Zoning Ordinance.
1.All units shall have access onto an interior private street.
2.A design palette shall be approved for the entire project. The palette shall include
colors for siding, shakes, shutters, shingles, brick, stone, etc.
3.All foundation walls shall be screened by landscaping or retaining walls.
h. Site Landscaping and Screening
The intent of this section is to improve the appearance of vehicular use areas and property
abutting public rights-of-way; to require buffering between different land uses; and to
protect, preserve and promote the aesthetic appeal, character and value of the surrounding
neighborhoods; to promote public health and safety through the reduction of noise
pollution, air pollution, visual pollution and glare.
1.The landscaping standards shall provide for screening for visual impacts associated
with a given use, including but not limited to, truck loading areas, trash storage,
parking lots, Large unadorned building massing, etc.
2.Each lot for development shall submit a separate landscaping plan as a part of the site
plan review process.
3.All open spaces and non-parking lot surfaces, except for plaza areas, shall be
landscaped, rockscaped, or covered with plantings and/or lawn material. Tree wells
shall be included in pedestrian areas and plazas.
4.Undulating berms, north of Lyman Boulevard, north and south of Highway 212 and
west of Highway 101 shall be sodded or seeded at the conclusion of grading and utility
construction. The required buffer landscaping may be installed where it is deemed
necessary to screen any proposed development. All required boulevard landscaping
shall be sodded.
5.Loading areas shall be screened from public right-of-ways. Wing walls may be required
where deemed appropriate.
6.Native species shall be incorporated into site landscaping, whenever possible.
i. Street Furnishings
Benches, kiosks, trash receptacles, planters and other street furnishings should be of
design and materials consistent with the character of the area. Wherever possible, street
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City Council Summary – June 27, 2005
furnishings should be consolidated to avoid visual clutter and facilitate pedestrian
movement.
j. Signage
The intent of this section is to establish an effective means of communication in the
development, maintain and enhance the aesthetic environment and the business’s ability
to attract sources of economic development and growth, to improve pedestrian and traffic
safety, to minimize the possible adverse effect of signs on nearby public and private
property, and to enable the fair and consistent enforcement of these sign regulations. It is
the intent of this section, to promote the health, safety, general welfare, aesthetics, and
image of the community by regulating signs that are intended to communicate to the
public, and to use signs which meet the city's goals:
a.Establish standards which permit businesses a reasonable and equitable opportunity to
advertise their name and service;
b.Preserve and promote civic beauty, and prohibit signs which detract from this
objective because of size, shape, height, location, condition, cluttering or
illumination;
c.Ensure that signs do not create safety hazards;
d.Ensure that signs are designed, constructed, installed and maintained in a manner that
does not adversely impact public safety or unduly distract motorists;
e.Preserve and protect property values;
f.Ensure signs that are in proportion to the scale of, and are architecturally compatible
with, the principal structures;
g.Limit temporary commercial signs and advertising displays which provide an
opportunity for grand opening and occasional sales events while restricting signs
which create continuous visual clutter and hazards at public right-of-way
intersections.
j.1. Project Identification Sign:
One project identification sign for the commercial portion of the development located at
the entrance off of Highway 101. Project identification signs shall not exceed 80square
feet in sign display area nor be greater than eight feet in height. The sign shall be setback
a minimum of 10 feet from the property line.
j.2. Monument Sign:
One monument sign shall be permitted at the entrance to the development off of Lake
Susan Drive. One monument sign per lot shall be permitted for the commercial portion
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City Council Summary – June 27, 2005
of the site. These signs shall not exceed 24 square feet in sign display area nor be greater
than five feet in height. These signs shall be setback a minimum of 10 feet from the
property line.
j.3. Wall Signs:
a.The location of letters and logos shall be restricted to the approved building sign
bands, the tops of which shall not extend greater than 20 feet above the ground. The
letters and logos shall be restricted to a maximum of 30 inches in height. All individual
letters and logos comprising each sign shall be constructed of wood, metal, or
translucent facing.
b.Illuminated signs that can be viewed from neighborhoods outside the PUD site, are
prohibited.
c.Tenant signage shall consist of store identification only. Copy is restricted to the
tenant’s proper name and major product or service offered. Corporate logos,
emblems and similar identifying devices are permitted provided they are confined
within the signage band and do not occupy more than 15% of the sign area unless the
logo is the sign.
j.4. Festive Flags/Banners
a.Flags and banners shall be permitted on approved standards attached to the building
facade and on standards attached to pedestrian area lighting.
b.Flags and banners shall be constructed of fabric or vinyl.
c.Banners shall not contain advertising for individual users, businesses, services, or
products.
d.Flags and banners shall project from buildings a maximum of two feet.
e.Flags and banners shall have a maximum area of 10 square feet.
f.Flags and banners which are torn or excessively worn shall be removed at the request
of the city.
j.5. Building Directory
a.In multi-tenant buildings, one building directory sign may be permitted. The
directory sign shall not exceed eight square feet.
j.6 Directional Signs
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City Council Summary – June 27, 2005
a.On-premises signs shall not be larger than four (4) square feet. The maximum height
of the sign shall not exceed five (5) feet from the ground. The placement of
directional signs on the property shall be so located such that the sign does not
adversely affect adjacent properties (including site lines or confusion of adjoining
ingress or egress) or the general appearance of the site from public rights-of-way. No
more than four (4) signs shall be allowed per lot. The city council may allow
additional signs in situations where access is confusing or traffic safety could be
jeopardized.
b.Off-premises signs shall be allowed only in situations where access is confusing and
traffic safety could be jeopardized or traffic could be inappropriately routed through
residential streets. The size of the sign shall be no larger than what is needed to
effectively view the sign from the roadway and shall be approved by the city council.
c.Bench signs are prohibited except at transit stops as authorized by the local transit
authority.
d.Signs and Graphics. Wherever possible, traffic control, directional and other public
signs should be consolidated and grouped with other street fixtures and furnishings to
reduce visual clutter and to facilitate vehicular and pedestrian movement. A system of
directional signs should also be established to direct traffic within the commercial
area and away from residential areas.
j.7.Prohibited Signs:
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Pylon signs are prohibited.
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Back lit awnings are prohibited.
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Window Signs are prohibited except for company logo/symbol and not the name.
Such logo shall not exceed 10% of a window area
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Menu Signs are prohibited.
j.8. Sign Design and Permit Requirements:
a.The sign treatment is an element of the architecture and thus should reflect the quality
of the development. The signs should be consistent in color, size, and material and
height throughout the development. A common theme will be introduced at the
development's entrance monument and will be used throughout.
b.All signs require a separate sign permit.
c.Wall business signs shall comply with the city’s sign ordinance for the Neighborhood
business district for determination of maximum sign area. Wall signs may be
permitted on the “street” front and primary parking lot front of each building.
k. Lighting
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City Council Summary – June 27, 2005
1. Lighting for the interior of the development shall be consistent throughout the
development. High pressure sodium vapor lamps with decorative natural colored pole shall
be used throughout the development parking lot area for lighting. Decorative, pedestrian
scale lighting shall be used in plaza and sidewalk areas and may be used in parking lot
areas.
2. Light fixtures should be kept to a pedestrian scale (12 to 18 feet). Street light fixtures
should accommodate vertical banners for use in identifying the commercial area.
3. All light fixtures shall be shielded. Light level for site lighting shall be no more than
½ candle at the project perimeter property line. This does not apply to street lighting.
4. Lighting for parking areas shall minimize the use of lights on pole standards in the
parking area. Rather, emphasis should be placed on building lights and poles located in
close proximity to buildings.
l. Non Residential Parking
1.Parking shall be provided based on the shared use of parking areas whenever
possible. Cross access easements and the joint use of parking facilities shall be
protected by a recorded instrument acceptable to the city.
2.The development shall be treated as an integrated shopping center and provide a
minimum of one space per 200 square feet of commercial/retail area. The
office/personal service component shall be treated as an integrated office building and
provide 4.5 space per 1,000 square feet for the first 49,999 square feet, four per
thousand square feet for the second 50,000 square feet, and 3.5 per thousand square
feet thereafter.
m. Residential Parking shall comply with city code requirements.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
Justin Miller presented the staff report on consideration of the letter of support for tax credit
application. Councilman Peterson asked for clarification of the statement in the second to the
last paragraph where it talks about flexibility and zoning and development standards. He also
expressed concern about approving the financial portion before seeing or approving any site
plans. Kate Aanenson stated that even if the City Council approves the letter of support for
financing, if they do not feel comfortable that the site plan meets the PUD standards, the project
can be denied at that point. Mayor Furlong reiterated that he feels the council can write this
letter of support with the understanding that it’s supporting what’s been presented to date.
Councilman Lundquist moved, Councilwoman Tjornhom seconded that the City Council
approve the attached letter of support for the Sand Companies tax credit application with
the Minnesota Housing Finance Agency. All voted in favor, except Councilman Peterson
who opposed and the motion carried with a vote of 4 to 1.
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City Council Summary – June 27, 2005
COUNCIL PRESENTATIONS:
Mayor Furlong commended the Park and Rec Department to
taking the initiative with the Music in the Park program and hoping to build upon it in the future.
ADMINISTRATIVE PRESENTATIONS:
None.
CORRESPONDENCE DISCUSSION.
Councilman Lundquist asked for an update on the
farmers market. Todd Gerhardt stated staff will provide a written report at the next meeting.
Councilman Lundquist moved, Councilman Labatt seconded to adjourn the meeting. All
voted in favor and the motion carried unanimously. The City Council meeting was
adjourned at 8:35 p.m..
Submitted by Todd Gerhardt
City Manager
Prepared by Nann Opheim
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