CC 2016 07 11
CHANHASSEN CITY COUNCIL
REGULAR MEETING
JULY 11, 2016
Mayor Laufenburger called the meeting to order at 7:00 p.m. The meeting was opened
with the Pledge to the Flag.
COUNCIL MEMBERS PRESENT:
Mayor Laufenburger, Councilman McDonald,
Councilwoman Ryan, and Councilman Campion
COUNCIL MEMBERS ABSENT:
Councilwoman Tjornhom
STAFF PRESENT:
Todd Gerhardt, Chelsea Petersen, Paul Oehme, Kate Aanenson, Todd
Hoffman, and Greg Sticha
PUBLIC PRESENT:
Karey White 8033 Cheyenne Avenue
Mark Eklo 3360 Bavaria Road
Greg Krauska 2209 Lukewood Drive
PUBLIC ANNOUNCEMENTS:
Mayor Laufenburger: Thank you. Welcome to this council meeting. Those of you that are
present in the chamber as well as those of you that are watching on cable channel 8 or 107.2
from Mediacom at home. Just a reminder about this, for those of you that may be watching at
home, as well as those that are in the chamber, City of Chanhassen is now providing streamed
council meetings and the City of Chanhassen offers this service to our residents. The site can be
easily accessed at www.ci.chanhassen.mn.us/agendas. This is a new feature that we’re offering
through our upgraded website so anywhere that you have access to a device that can get to the
internet you can see our City Council meetings. Let’s see just for the record, all members are
present with exception of Councilwoman Tjornhom who is excused tonight. First action is to
consider the agenda. Council members are there any modifications to the agenda? I will note
that since the publication of the agenda earlier we have added a new item G-3 which is a request
for retail on-sale intoxicating liquor sales for off premise consumption. We’ll talk about that
item as new business G-3. No other changes then we’ll proceed with the agenda as indicated.
Councilman McDonald: Mr. Mayor?
Mayor Laufenburger: Councilman McDonald.
Councilman McDonald: I make a motion to accept the agenda as stated.
Chanhassen City Council – July 11, 2016
Mayor Laufenburger: Alright, is there a second?
Councilwoman Ryan: Second.
Mayor Laufenburger: We have a motion and a second.
Councilman McDonald moved, Councilwoman Ryan seconded to approve the agenda as
presented. All voted in favor and the motion carried unanimously with a vote of 4 to 0.
CONSENT AGENDA:Councilman McDonald moved, Councilman Campion seconded to
approve the following consent agenda items pursuant to the City Manager’s
recommendations:
1. Approve City Council Minutes dated June 27, 2016
2. Receive Planning Commission Minutes dated June 21, 2016
Resolution #2016-49:
3. Approval of Year End Transfers
Resolution #2016-50:
4. Approval of Resolution Appointing Election Judges and
Establishing their Rates of Pay.
5. Approve Reimbursement Agreement with Gaye Guyton for 10083 Great Plains
Boulevard Slope Stabilization.
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
VISITOR PRESENTATIONS:
Mayor Laufenburger: Is there anybody that would like to speak to the council this evening?
State your name and address please.
Greg Krauska: I am Greg Krauska of 2209 Lukewood Drive in Chanhassen.
Mayor Laufenburger: Nice to have you here this evening Mr. Krauska.
Greg Krauska: Thank you, good evening. Good evening. I’m here on behalf of the Rotary Club
of Chanhassen so.
Mayor Laufenburger: Wonderful.
Greg Krauska: Mayor, councilors, city staff I’d like to just speak in great appreciation for
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everyone’s cooperation during the July 3 and 4 celebration. Especially you know the process
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Chanhassen City Council – July 11, 2016
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of putting together the July 3 and 4 celebration is massive and it begins many months in
advance and I want to say at the outset that cooperation with city staff, with the sheriff’s
department, with the fire department and everybody else who touched this thing it was just
fabulous this year. We had great cooperation. A lot of great problem solving. New ideas that
we brought to the table and in turn that the City brought as well and I don’t think we’ve had a
better series of events. It went so smoothly and of course whoever’s responsible for ordering
weather this year did a particularly good job so we’re grateful for that. Let the record show I see
several hands claiming responsibility for that. So you know planning an event like this creates as
I mentioned months of planning for all the good stuff that’s going to happen as well as
contingency planning in case things go unexpectedly and fortunately things did go quite well.
And in short it was a very positive experience for the Rotary Club of Chanhassen and especially
for our volunteers as well and that’s important to us because it’s not just our own club members
who are supporting these events but we also get a number of volunteers to help us out so when
we have to reach out to city staff for a small thing that has to be moved or some arrangement
with streets or traffic or whatever, it’s absolutely huge to have a great attitude, sense of
cooperation and a general what else can we do kind of approach and again it was exceptional this
year. While we haven’t done formal large scale surveys of the, especially for my responsibility
of the beer tent, the Rotary Club of Chanhassen Beer and Wine Garden and for the Taste of
Chanhassen, the anecdotal feedback has been just really terrific. We think we’ve had a lot more
people this year. Our beer tent business was up by more than 5 percent. Might be even slightly
more than that. I don’t have final figures but we were busier than usual so it was positive and
everything went well. We want to also express appreciation on behalf of our Taste of
Chanhassen participants this year which included Chuckwagon Charlie’s. Lunds and Byerlys.
Davanni’s. Terra Truck. Brindisi’s Pub at Chanhassen Dinner Theaters. Pizzaioli. Kai’s Sushi
and Grill and Culver’s. We really think it’s important to highlight and support these local
businesses and we’ll look to expand that hopefully over time certainly as the space allows but
we’re glad to have their participation and their success again relies on the support of staff.
Everything from wiring to physical layout to setting up of tents and so again the involvement of
city staff there has been invaluable. As many of you know the Rotary Club of Chanhassen’s beer
and wine garden is an important fundraiser for our club and so proceeds from that event fund a
number of important local and global projects including feeding the hungry. Providing
scholarships and mentoring to local high school students. Supporting disease prevention.
Disaster relief. Addressing homelessness among teens and families and of course provide the
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financial support necessary to put on the Rotary July 4 parade so we’re very appreciative of that
opportunity to hold that annual event in cooperation with the broader city celebration and would
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like to as the outgoing president of the Rotary Club as of July 1, express my appreciation to all
city staff for their great cooperation throughout the year and look forward to many years of great
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stuff to come under new leadership of new president Tim Mulcrone who took office on July 1
so again thanks to all and again great appreciation.
Mayor Laufenburger: Greg can you stand there just a moment Greg.
Greg Krauska: Sure.
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Chanhassen City Council – July 11, 2016
Mayor Laufenburger: Any comment from council or city staff? Mr. Gerhardt.
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Todd Gerhardt: Mayor what I’d like to add is I think Todd, Kate, myself experienced our 4 of
July festivals early in our career and it was a struggle to get people to participate and we tried to
do it all on our own and what turned the tide was when Rotary got involved. When Rotary took
over the parade. They took over the beer garden and the Taste and just having that membership.
They talk to their neighbors and their neighbors talk to other neighbors. Say let’s go up and
participate in this and it’s a team effort and without Rotary I do not believe we would see the
success that we do today and thank you Rotary members and Greg for your service and
leadership this past year so it’s been a great partnership and I couldn’t thank you enough for
everything that the Rotary does for us.
Greg Krauska: Thank you Todd. A lot of fun. Service above self. Great opportunity for us to
reach out as well and you know together show people what can we do with volunteering and how
great a community can we make it so thank you Todd.
Todd Gerhardt: Yeah.
Councilman McDonald: Mr. Mayor?
Mayor Laufenburger: Councilman McDonald.
Councilman McDonald: Just to kind of I think collaborate one of the things you said. I rode in
the parade this year and I do believe you had more people there than I’ve ever seen before so I
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think this probably is going to be one of the better 4 of July parades because they were 3-4 deep
and it went all the way around the parade route so congratulations. Really good parade.
Greg Krauska: Thank you. And my colleague Karey White who was the parade chairman this
year will have an opportunity to talk about that as well so on behalf of Karey thanks for your
gratitude there Councilman McDonald.
Mayor Laufenburger: Anybody else want to say anything? Councilman Campion.
Councilman Campion: I’d just say it was, I mean it’s been fabulous over the years and it was
fabulous again to enjoy it with my family going to the parade. Going to the family day and the
carnival rides and the, eating the various foods at the Taste. It was a great event. Well done.
Mayor Laufenburger: I was going to have some remarks but is Ms. White going to be able to
speak here?
Greg Krauska: Please.
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Chanhassen City Council – July 11, 2016
Mayor Laufenburger: How can you possibly not allow her to speak? State your name and
address for the record please.
Karey White: Hi, Karey White, 8033 Cheyenne Avenue in Chanhassen.
Mayor Laufenburger: Nice to have you here Karey.
Karey White: And I’m, thank you, here on behalf of the Rotary Club of Chanhassen as the
parade chair and reiterating what Greg has already said that huge thank you to the city staff and
everyone I worked with in regards to the parade because I had no idea what an event it was and it
all came together and I had a great time and Sunday night I did kind of take the night off and
enjoyed the festivities and I still saw a ton of people just working their butts off so very
impressed with that. I also I wanted to thank the residents who live on the parade route and in
the staging area as well because it was huge. Taking up kind of that space and closing down
roads I have to send a thank you to them for their patience and cooperation. Definitely this event
was larger than I ever imagined and it happened right in their neighborhood so big thanks there.
Otherwise everything yeah, huge thank you and any questions for me?
Mayor Laufenburger: Well Karey this was your first year having, being at the helm of this
paradeship is that correct?
Karey White: Yes it is.
Mayor Laufenburger: While the outcome clearly is evidence of not only your leadership but the
role that you played in securing, coercing, cajoling volunteers to help you and I think I see more
leadership opportunity for you in the future based on the success of the parade this year so I wish
you congratulations.
Karey White: Thanks.
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Mayor Laufenburger: But before you step down I also want to say this. I think that, over the 4
of July, being the mayor many people come up and comment to me about many different things
and of course they attribute to me things that I have no idea about except I know the people that
were responsible for them. Whether it be Todd Hoffman and his city crew, Greg or Tim in
leadership at Rotary or you specifically with the parade. We got through the parade in under an
hour. The parade kept moving very, very well. There were, was it 74 units this year I think.
Karey White: Yep.
Mayor Laufenburger: 74-75 units which I think is one of the bigger parades and I so appreciated
the communication that you provided to the participants in the parade to let them know that the
parade is a full length long. Save your candy for later on right?
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Chanhassen City Council – July 11, 2016
Karey White: Yep.
Mayor Laufenburger: Because those kids want as much chance to see the candy as any. I take
no credit for the weather. Clearly this is the National Weather Service which is in Chanhassen.
They create this bubble around us and therefore all of the storms passed around us. This was
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certainly evident not only during the parade but other events as well. But during the 4 of July
weekend I was reminded of some words that I used when I took the oath of office in January of
2015 and I’m just going to share a little bit of that with you because it’s very apropos. Thank
goodness for Chanhassen because indeed goodness lives in Chanhassen in the neighborhoods of
Chanhassen. It also lives in the churches. In our veterans groups. In our youth organizations.
In our schools and in our civic and service organizations like Rotary. Goodness dwells in our
businesses and industry in our opportunities for volunteerism and philanthropy. There’s
goodness and strength in the people and the families and the neighborhoods of this community.
Goodness clearly abounds. This is what you have been involved with Karey, all the members of
Rotary. Southwest Chamber. The tent that they had. Friends of the Chanhassen Library. Senior
Commission did bingo. All of these people contribute to the sum total of why people consider
Chanhassen to be such a great place to live, to work, to play and to raise a family. And to see the
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success of the 4 of July weekend come out in such strong, strong numbers, it’s just a real
testimony. Not to the leadership of the community but to the people of the community. Thank
you for being part of this community Karey. Thank you.
Karey White: Thank you.
Mayor Laufenburger: Thanks Greg.
Todd Gerhardt: Are you signed up for next year?
Karey White: I am. Next year it’s going to be even smoother next year, yeah.
Todd Gerhardt: Oh yeah. It’s really easy the second year.
Karey White: Yeah that’s what I’m hoping for.
Mayor Laufenburger: All the relationships are established.
Karey White: I’ll pass it on.
Greg Krauska: She got 2 years and then we can pass it on.
Mayor Laufenburger: Make sure to plan for succession Karey okay. Alrighty. Thank you very
much.
Karey White: Thank you.
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Chanhassen City Council – July 11, 2016
Mayor Laufenburger: Any other visitors that would like to speak at this time? Very well, let’s
move on to our next item.
BANDIMERE PARK: REQUEST FOR INTERIM USE PERMIT FOR GRADING ON
PROPERTY ZONED AGRICULTURAL ESTATE DISTRICT (A2) LOCATED AT 9405
GREAT PLAINS BOULEVARD. APPLICANT/OWNER: CITY OF CHANHASSEN.
Mayor Laufenburger: Is that you Mr. Oehme?
Paul Oehme: It is.
Mayor Laufenburger: Alright, welcome. Good evening Mr. Oehme.
Paul Oehme: Good evening Mayor, City Council members. This is an interim use permit
application request for Bandimere Park improvements for 2016. As you know Bandimere Park
is located just south of Lyman Boulevard here and off of 101. One of our main parks for the
community. The improvements that are being proposed include the parking lot which is 23 stalls
right here. There’s a hockey rink with lights and a paved hockey rink and permanent boarding
around it. There’s also exterior hockey rink as well. There’s trail included. Parking and street
lights in the parking lot and stormwater improvements to take care of this stormwater associated
with the new runoff. The reason for the interim use permit application is excavation amount.
The material that’s going to be hauled off. Trucked off site is in excess of 1,000 cubic yards so
that’s the reason for the improvements. The improvements are I think are planned for 2016 so
the parks department is going to be soliciting bids to make those improvements this year yet so
with that brief background on the project itself. Todd Hoffman the Park Director is here to
answer any questions you may have about the specific project but staff is recommending that the
interim use permit be approved for this project. I would stand for questions.
Mayor Laufenburger: Alright, any questions for Mr. Oehme? Councilwoman Ryan.
Councilwoman Ryan: Actually for Mr. Hoffman about the project itself. Two questions. Will
the park still be open while some of the work is going on?
Todd Hoffman: It will be.
Councilwoman Ryan: It will.
Todd Hoffman: The project site is nicely isolated and the entry for construction is near the front
of the park so the park will remain open and operational during construction.
Councilwoman Ryan: And was there a decision, is it going to be temporary warming house?
There won’t be a permanent structure.
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Chanhassen City Council – July 11, 2016
Todd Hoffman: There will not be a permanent structure there. Currently it will be brought on
site for the 2 month time period and then moved away.
Councilwoman Ryan: Okay, thank you. That’s it Mayor.
Mayor Laufenburger: Alright. Any other questions? Any comment or motion?
Councilwoman Ryan: I’ll make a motion.
Mayor Laufenburger: Councilwoman Ryan.
Councilwoman Ryan: I make a motion that the City Council approves the interim use permit to
permit grading in excess of 1,000 cubic yards and adopts the Findings of Fact.
Mayor Laufenburger: Is there a second?
Councilman Campion: Second.
Mayor Laufenburger: Thank you Mr. Campion. Any further discussion?
Councilwoman Ryan moved, Councilman Campion seconded that the City Council
approves the interim use permit to permit grading in excess of 1,000 cubic yards to include
parking lot alterations, stormwater improvements and the grading of a hockey rink, plans
prepared by Hoisington Koegler Group, Inc. dated May 20, 2016 subject to the following
conditions and adopts the Findings of Fact:
1. The grading plan, hydrologic map and storm water model shall be revised to be
consistent with each other.
2. The plan must obtain appropriate permits from the Riley Purgatory Bluff Creek
Watershed District.
3. The plan set must be revised to show the correct proposed slope from the parking lot to
the north wetland.
4. A buffer must be established and maintained around the wetland and monuments must be
installed.
5. The plan shall be revised to show the first floor elevation of the proposed warming house.
6. Emergency Overflow locations and elevations shall be shown on the grading plan.
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Chanhassen City Council – July 11, 2016
7. Autumn Blaze maples shall not be included in the planting plan. An alternative species,
approved by the city, shall be provided.
8. Signed, professional design and building permit required for any retaining walls
exceeding 48 inches in height.
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
ARBOR GLEN: REQUEST FOR REZONING FROM AGRICULTURAL ESTATE
DISTRICT (A-2) TO PLANNED UNIT DEVELOPMENT-RESIDENTIAL (PUD-R);
CONDITIONAL USE PERMIT FOR DEVELOPMENT WITHIN THE BLUFF CREEK
CORRIDOR; AND SUBDIVISION WITH VARIANCES CREATING 21 LOTS AND 4
OUTLOTS. APPLICANT: ARBOR GLEN OF CHANHASSEN, LLC. OWNER:
GIANETTI PROPERTIES, LLC.
Mayor Laufenburger: Do we have a staff report Ms. Aanenson?
Kate Aanenson: Yes, thank you Mayor members of the City Council. This application has a
couple of, it’s numerous applications in one case. The conditional use permit, a PUD rezoning
and a preliminary plat with variance. This item went to the Planning Commission actually last
year in September and since that time the applicant has continued to extend the approval process
while working through some design issues, most specifically regarding the watershed district so
it looks like we’re on course now to work through that and I think the good news on this project
is it’s just north of the Fox Glen so it’s nice to tie those two projects. Fox, not Fox Glen.
Mayor Laufenburger: Woods.
Kate Aanenson: Thank you. Fox Woods. So it’d tie those projects kind of closer together when
we talk about trails but I’ll go through that in a minute. So the subject site is located on the
corner, the southwest corner of Lyman Boulevard and 101. The thing I want to talk most about
this project, it’s a challenging piece of property and I’ll go through a couple more slides
explaining that but there’s a 34 foot change in elevation. There’s a big wetland to the south. In
2008 this is just a portion of the study area that we did in that neighborhood because the park and
ride was going in and we had the old, what we called the business fringe which allowed high
density and some multi-family so this is when Kwik Trip went in so the neighbors down there
were concerned about all the changes happening with 212 going in so we hired a consultant and
we worked and came together with a plan and looking at this site, which was guided for low
density single family. Looking at that now was that the highest and best use? So a twin home
project was approved. After that somebody bought it speculating on getting commercial zoning.
That project never was applied for but someone did come in with an application for commercial
uses on there. Some Walgreen’s and that kind of thing. The challenges here is that it’s got the
one access point in and there’s a barrier here so with the change in grade so there really is one
way in and one way out so in looking at this study area the recommendation that came back was
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Chanhassen City Council – July 11, 2016
really that the best use for this property was residential so in this study these were the challenges
under the low density. There’s a high pressure gas line that runs along the northern portion of
the site. Again we talked about this site geometry dropping. The change in grade. A limited
access. The one access off of Lyman Boulevard and not off of 101. It’s in the Bluff Creek
Overlay District. The bottom part of that is encumbered by that. The nice thing is it’s got
fantastic views. You’re overlooking that beautiful wetland complex so we always envisioned
there something to take advantage of that and existing large lot estate obviously was incongruent
in what the uses were so the potential for change would have been a medium density. We looked
at potential for a church. Office institutional. And those kind of things there. A private school.
Daycare. So the concern from, most of the concerns from the neighborhood immediately to the
east, the Springfield neighborhood trying to find a right mix in there so when this project came
forward we were very excited because it really met a lot of the goals that we had. And not only
that it stayed within the low density so we didn’t have to do, while we’re amending it for a PUD
and I’ll explain the reasons for that, we’re still within that low density so we’re not doing a
rezoning of the subject site so. This is a Google map just to kind of show you how much change
has gone in since we did that study. So the townhouses are now in and that’s the higher, medium
density there. We’ve got the park and ride which has the potential to go to more and then we’ve
got the Primrose School in. We’ve got the strip center there and then we’ve got Kwik Trip and I
think, and now we’ve got the Fox Woods just to the south that’s going forward now too so. So
again as I mentioned the request is for PUD. Going from A-2 so it is low density, 4 units an
acre. There’s a conditional use for development within the Bluff Creek corridor. We’re
approving the preliminary plat with variance and I’ll go through all those in a minute with the
perimeter setback. I did provide for you, there’s a typo on those, the reference points there and
I’ll go through those when we get to that in a minute. So the intent is to do 21 villa style homes.
Townhouses on those. Again if you look at our housing district we’re always trying to find
opportunities for different types of housing products so this is for people that may want to
downsize. Have a smaller home. Good access to transit and to get onto 212 but it’s probably
more intended for seniors but it’s a smaller lot, kind of empty nester. So it is a permitted use.
We did put together a PUD. The one thing that we’ll fine tune is the architectural standards
which is part of that so the lot sizes there really are probably closer to 7,000 or 8,000 square feet.
6 foot between the units. So you can see on here where the Bluff Creek Overlay District really
encumbers the bottom portion of the site so the conditional use then is for, is required for grading
within the buffer zone which this is. There’s an area that has to be put in for stormwater so that
will all be restored but that does require a conditional use and the conditions attached to that are
in your staff report. So the subdivision itself is showing the lots. So this is the public street and
then there will be a private street servicing off the cul-de-sac here to make that work. So because
of the requirements for the setback from the buffer of the wetland and then the buffer here, there
was additional setback that was in the PUD ordinance that says rear line 50 feet. That is not
necessary because all the setbacks are 50 feet from the back of the property line because of the
encumbrance including the gas line. The only difference would be these 2 lots here. If you look
at the original layout there was a street over here. We spent a lot of time looking at those 3
houses to the west and Mr. Oehme may recall when we upgraded Lyman Boulevard and put in
212 we worked with those 3 homeowners to try to tie into this existing street and there isn’t a lot
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Chanhassen City Council – July 11, 2016
of potential for redevelopment on them. If you look at this lot, this map here because the, right
now they’re into the wetland setback so the potential for them further subdividing is not very
likely even though the lots are large. So what the intent was that these people when the Lyman
got upgraded would be tied into this driveway but in doing further analysis these are some of the
things that after it got preliminary plat we spent a lot of time trying to resolve so we agreed that
the road could move further to the west which made these lots better so the reference there on
Lots 1 and 2 of Block 2 are incorrect. It’s Lots 1 and 2 of Block 3 so that’s been corrected in
your staff report that I handed out and also then the conditions of the variance so all the standard
setbacks then are all in compliance with our city ordinance.
Mayor Laufenburger: So Kate let me just ask you while you have this on the screen. So what,
do I understand correctly that Lots 1 and 2 of Block 3 where you have your red marker, you’re
actually allowing a reduced setback on the west side. Is that correct?
Kate Aanenson: Correct. That’s correct.
Mayor Laufenburger: Okay, alright.
Kate Aanenson: So also with the PUD we do require that they show kind of what these houses
would look like. These are a patio style home. These will not be, may not be the exact look but
that will be included in the PUD standards. We’ll call out some architectural design but again
this is just illustrative to show you what they would look like and there’s another style here.
Again what we will have then is a palette of different types of homes that will go on different
lots so there’s not all the same looking aesthetically. So this was some of the challenges that we
worked through and I’ll let Mr. Oehme speak to that. Go through a little bit more on the
drainage, the next slide goes into more detail on some of the drainage issues but this was some of
the challenging parts.
Paul Oehme: Mayor, council members. So this is I would say the number, the biggest challenge
for the site was the storm water due to the compactness. The soils that are out here. The wetland
to the south so we’ve had many meetings with the developer and some with the watershed
district. This I don’t think is the latest update to the plan but to capture the 1.1 inch runoff and
the water quality I think the latest proposal is to have a re-use system on site and eliminate some
of the other infrastructure that’s shown here but that’s being looked at right now. I think the
developer and the watershed district have been meeting on that recently to try to figure out what
would work for, with their rules. Walls in this area due to the topography, several walls are
being proposed. Anywhere from 3 feet to 7 feet high or so, so most of those walls would be
maintained by the HOA. Storm water again is shown here. You know we’re maybe going to
lose the pond at the bottom of the development and try to re-use some of that water for irrigation
purposes.
Kate Aanenson: I don’t know if you need to go through that or not because some of this has
changed. I’m just going to go back to this slide. So that was one of the goals of the conditional
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Chanhassen City Council – July 11, 2016
use permit because you’ve got this pond in here so we’re trying to minimize those impacts and
so if it’s an underground system, which we were encouraging from the beginning so I think
we’ve got that resolved. On this sheet I just want to show you, so there’s a connection. So if we
look at the park and trail issues, there’s the park across the street which we just talked about. On
the Fox Woods we talked about the 101 trail. We’ve got to get that past Mr. Blanski’s property
to get up to this but this project will then make another connection along 101 and then in addition
there will be a sidewalk that comes up and ties into that for that neighborhood also to get out. I
mean they can come up onto Lyman but they can also go this way too so that will be a nice
connection there. This gives you a better idea kind of where that Williams Pipeline which
encumbers quite a bit of the property so it is constricted and again the reason for giving the PUD.
Utilities, if you want to talk a little bit about the sewer. We talked briefly on that on the work
session Paul kind of where the sewer connection is.
Paul Oehme: Yep, so the developer and the city staff have been going back and forth on
different options and different designs and we took into consideration the developer’s, some of
their ideas and this is currently what’s being proposed is a gravity sewer system to flow to the
north. Water is already in the area so we’re just going to tie into that and loop the water back to
101. It’s all gravity sewer out here. It’s going to be maintained by the City. However the streets
are being proposed as being public. Or private streets.
Mayor Laufenburger: Just a second. Ms. Aanenson you described that road going in, ending as
a cul-de-sac as a public street but I think it is a private street, is that correct? From Lyman to the
cul-de-sac, is that public or private?
Paul Oehme: That’s being proposed as private. I think it’s 24 feet wide.
Kate Aanenson: Correct. Yeah I misspoke.
Mayor Laufenburger: Okay.
Kate Aanenson: Are you done Paul? I was going to add a couple things.
Paul Oehme: Yes, that’s all I had.
Kate Aanenson: I think on this slide it’s easier to see where the lot lines go back and then there’s
a 50 foot setback from the edge of the wetland so that’s why adding that additional 30, just added
some ambiguity so that’s why that was struck out because all of these lots, and again along the
eastern side and then also along where the gas line is already set back greater than the 30 foot.
Where you can build so you can see the building envelope as opposed to the lot line. It’s
significantly larger so. Then landscaping. One of the things that we talked about there to buffer
that so there will be a buffer along Lyman Boulevard so while those homes won’t have a lot of
buffer immediately in their back yards, it will be further back on the other side of the pipeline so
that creates that. In addition a private PUD buffer along the perimeter and then revegetation of
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Chanhassen City Council – July 11, 2016
this behind the wall here and also on Outlot A. So the plans call for the 25 percent canopy so an
additional 61 trees so most of the trees really are on the Outlot C which is around the wetland but
there will be depending on the disturbance in here to get the storm water pond in there may be
some replacement there. We’ll see how that shakes out as we move through that process. So the
Planning Commission did vote 6-0 to approve this. Again we were waiting to see where we
ended up with the wetland. You will see this again when it comes back for final plat. And so
with that we are recommending approval as did the Planning Commission for the PUD rezoning
and the conditional use permit which is attached in your report. The standards. The preliminary
plat with variances from those western perimeter setbacks and subject to the conditions of
approval and the Findings of Fact which are also included in your packet. With that I’d be happy
to answer any questions.
Mayor Laufenburger: Alright, thank you Ms. Aanenson. Any questions for staff?
Councilwoman Ryan: I do Mr. Mayor.
Mayor Laufenburger: Oh Councilwoman Ryan, sure. My apologies.
Councilwoman Ryan: No.
Mayor Laufenburger: Be sure to speak into the microphone.
Councilwoman Ryan: Just a couple questions. One specific and then just a general question
about the watershed district but I noticed in your notes about encountering water when you talk
about the lowest floor elevation. Maybe this is for you Mr. Oehme. It says if water is
encountered during construction the low floor elevations of these proposed homes be revised to
comply. Who monitors this? Is it somebody on site that.
Paul Oehme: Yep building.
Kate Aanenson: Typically the building permit. They’ll have to get soil samples so then you
would be a slab on grade as opposed to a basement level so then.
Councilwoman Ryan: So then it’s just changed in the plans once.
Kate Aanenson: (Yes).
Paul Oehme: Or if it’s close we can maybe adjust the finished floor elevation or the basement
floor up depending upon where the water’s encountered.
Councilwoman Ryan: Okay. And then just generally speaking in terms of erosion control in this
whole area, has the watershed do they have any concern about Bluff Creek district with these,
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Chanhassen City Council – July 11, 2016
you know with this development going on possibly at the same time as this Fox Wood going on
or are there any concerns about?
Paul Oehme: Well I mean they’re monitoring it and they, both the developments will have to
meet their rules so you know we have to approve the City’s stormwater management plan and
NPDES and MS4 permits and so as long as and the Wetland Conservation Acts too so as long as
all those permits are approved by the watershed district we have to move it along. I know the,
you know Terry Jeffery has met with them on this project and the other and the one south of here
so they’re aware of it. They’re going through the process like every other development so I think
they’re engaged that’s for sure.
Kate Aanenson: We’ll add this, city staff does monitor projects. If we don’t we get calls on
those if there’s mud on the streets. If the erosion’s not down. I know Krista Spreiter goes
around and that’s one of her main parts of her job is making sure that the erosion is established
and also there’s other watershed district employees that do that so that’s.
Councilwoman Ryan: Well just with the number of you know the walls and the size of the wall
coming into the Bluff Creek and obviously there’s going to be a lot of disturbances in that area
and so I’m just curious with having 2 projects going on possibly simultaneously if there’s any
concern from the watershed or.
Paul Oehme: Like Carver County Soil and Water Conservation, they’ll be out here too doing
some inspections as well so it’s actually you know when 2 projects are going on at the same time
they’d be more interested in them too. They’ll probably make up more in site inspections out
here at that time too so it might actually be a benefit for both projects to go at the same time. Or
outside yeah.
Councilwoman Ryan: Okay. Alright thank you.
Todd Gerhardt: Mayor, council.
Mayor Laufenburger: Yes sir Mr. Gerhardt.
Todd Gerhardt: As Kate and Paul have indicated Carver County Soil and Watershed do daily
inspections of development sites, especially after rain events and the first thing that happens with
a brand new development is erosion control goes in and that’s the key element of keeping silt
sand from getting into the wetland or Bluff Creek tributary or stream bed so it’s heavily
monitored. Precautions are the first thing that go in with any development and those silt fences
act as a barrier between the disturbed soils and the wetlands and ponds.
Paul Oehme: And when the inspections are taking place if the silt fence does fill up with
material I mean Krista, our staff member and Carver County Soil and Water Conservation staff,
you know they’ll be talking to the developer and the contractor as soon as they are aware of a
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Chanhassen City Council – July 11, 2016
situation they get it fixed so those are the, and then there’s, you know if it doesn’t get fixed
there’s consequences associated with that. There’s a certain amount of time that they’re allowed
to fix it. Get it fixed.
Councilwoman Ryan: Okay, then I know in your report you mentioned with the walls. The
walls that are going in. That then it becomes the responsibility of the homeowner to maintain.
Kate Aanenson: The HOA.
Councilwoman Ryan: The entire HOA? Okay.
Kate Aanenson: Yeah. It’d be kind of burdensome for one person to, I would agree yeah.
Councilwoman Ryan: Alright, thank you.
Mayor Laufenburger: Any other questions for staff? Is the applicant present this evening and
would you like to just address the council momentarily? State your name and address please.
Mark Eklo: Mark Eklo, 3360 Bavaria Road in Chaska.
Mayor Laufenburger: Good evening Mark. Nice to have you with us.
Mark Eklo: Mayor, council members, good evening. I guess I would like to add just a little bit
more to your questions Councilwoman Ryan. What the watershed district did at the beginning, if
I understand the date correctly. The beginning of 2015 is they increased the setback from 30 feet
to 60 feet so now there’s a setback area and then there’s a 30 foot buffer area so in terms of
impact to the wetland we aren’t getting anywhere near the wetland. We’re in that buffer area and
the buffer area is on the edge of that so we’re actually 60 feet from the wetland area. It’s not like
we’re down on the edge of the wetland. They increase that. We will be working in that buffer
area and in looking at the recommendations here we have to restore that buffer area. Provide a
planting schedule and then a maintenance schedule for that planting area in the buffer area but
we won’t even be in the 30 feet setback from the wetland so hopefully that answers your
questions a little bit too. We’re really a long way away from that wetland area so I’m
comfortable that we won’t be disturbing it and I’m sure they’ll require a double fence along that
wetland area as far as the silt fence so again there’ll be a double barrier. It won’t be just the
typical one barrier when you’re next to a wetland area like that.
Councilwoman Ryan: Thank you.
Mark Eklo: You’ll see two barriers there. Yeah this has been an interesting project. It’s the
hardest thing I’ve ever worked on for 21 lots in my lifetime in terms of the conditions and what
we’re tried to do with this piece and it seemed like, and I know the staff members feel the same
way. Every time we turned around it seemed like we would kind of have a solution. Then we’d
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Chanhassen City Council – July 11, 2016
hit another wall and then we’d turn the car a quarter turn and head that direction and then we’d
hit another wall and so we’ve really worked at it and when we got the preliminary approval, or
approval from planning we just knew we were having a major issue with the watershed district
so rather than coming to you folks last August or whatever it would have been we decided we’d
better go to the watershed district and work with Terry here on staff and then of course the
watershed district is Barr Engineering and see what we could do so the plan that Kate had shown
you there, I don’t know if you can put that back up, that showed the, there you go. The storm
water one. What essentially Barr Engineering wants us to do and Terry as well is the ponding
area will remain down in the, that’s in the setback or the buffer area and that area will remain but
what will happen is we’ll have a re-use system and so that pond will basically, when it reaches a
certain level it will shift over to a, I’m going to call it a storm catch basin that will have a pump
in it and it will pump the water back up onto the berm area parallel to Lyman so that whole berm
area will be watered. So anytime water goes into that pond, as soon as it reaches a certain level it
flows into that catch basin. The catch basin pumps it back out and it goes right back up to the
berm area over the pipeline and the Lyman area boulevard so none of that water will be going
down into the pond. It’s automatically set up and it’s set up believe it or not it can handle 75
gallons of water per minute.
Mayor Laufenburger: Wow.
Mark Eklo: It will be able to pump out of there and pump back up to that area so the pink area
which originally was a filtration and a storage system is gone. They didn’t want that and so what
we’ve done is develop this re-use system that basically pushes all the water back up to the more,
I’m going to call it flatter area and then absorbed into that area and used for the irrigation and
what have you for that part of the project so it took us a long time to get to that point. We’ve
been at it literally for almost a year but we think we’ve finally gotten there. We are on their
agenda for approval, I think it’s the first or second week of August.
Mayor Laufenburger: Watershed people?
Mark Eklo: With the watershed district so.
Mayor Laufenburger: Do you anticipate approval there?
Mark Eklo: Yes. Yes. We’ve met with Barr Engineering so many times. We’ve tweaked the
plan a zillion times and so we know what we’ve submitted to them now is what they wanted to
see so might there be a small tweak? Certainly but I’m sure we’ll get approval, yes.
Mayor Laufenburger: Good. Wonderful.
Mark Eklo: So it’s taken a long time but so yeah, we’re excited to go back. We’re excited to be
able to save all 21 lots because we felt that was economically required for this project and we
think it does offer a real nice alternative for Chanhassen in terms of both the housing style and a
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Chanhassen City Council – July 11, 2016
need for people or for, not necessarily seniors but for anybody that wants to downsize and we felt
it was important to have a detached project because we just didn’t see that here in town. There’s
a lot of duplexes and some townhome projects but we didn’t see a detached project, at least on
the south end of town here and so we were excited about providing that type of housing because
we felt there was a real need for it. When you look at the surrounding communities there is quite
a bit of it. We just saw there was a gap here so we think it’s a viable project. And the price
range given what we’re going to have into improvements and stuff I would say at the very low
end it will be in the low, around $400. Maybe there might be a starting point of a base price of
$399. $379 but realistically most the houses are going to be in that probably $400,000 to
$500,000 dollar range which again we’re comfortable with because we’ve found that when
people move to detached housing they view it as a parallel move. They aren’t necessarily
looking to take money out of their existing home. They just don’t want to have to put more
money in to make the move and so as long as it’s in that parallel, that $400,000 price range
which we feel is appropriate for Chanhassen, we think that it’s a viable product.
Mayor Laufenburger: And just my observation is you’re close to where people want to be.
Mark Eklo: Yep.
Mayor Laufenburger: Close to the.
Mark Eklo: Well the access is fantastic.
Mayor Laufenburger: It’s close to 212. Bus station there.
Mark Eklo: Yep.
Mayor Laufenburger: Very, very well. Mr. Eklo I know that you’ve done some construction
like this in the past. Can you just talk a little bit about your experience and what you’ve done
similar to this?
Mark Eklo: I do develop in two areas. I have a home here in Chaska and I do development in
the Twin Cities but I also have a residence in Tampa, Florida and I do similar development in
Florida and so we do a lot of this type of development in Florida. Certainly maybe most or all of
you have been down to the Fort Meyers area.
Mayor Laufenburger: Yep.
Mark Eklo: Or one of those areas and there’s tons of this and it hasn’t been finally determined
whether this will be a no maintenance exterior project. We have not finalized whether that
makes sense or whether people should do it but my guess is that it will go to a no maintenance
exterior where all the lawn mowing, all the snowplowing, everything will be taken care of by the
HOA along with the irrigation and the wall maintenance that was mentioned earlier. And then
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Chanhassen City Council – July 11, 2016
also what it will do is be able to provide people the opportunity to lock the door. Walk away.
Go somewhere else for 3 months or whatever and know that the place is being taken care of and
that there’s no issues back here type of thing so that’s the thing. As far as experience here I have
not built this product here in the Twin Cities. I’ve done quite a bit of it in the Tampa area and
that’s where those pictures came from actually. What I built here in Chanhassen previously is
the senior housing place Summerfield. I built that for Presbyterian Homes.
Mayor Laufenburger: Summerwood.
Mark Eklo: Summerwood, I’m sorry. I said Summerfield. We’re getting our woods and fields
mixed up here I apologize so I built those 2 buildings for Presbyterian Homes here previously in
town and that’s what I’ve done here in Chanhassen previously.
Mayor Laufenburger: Well there’s no doubt in my mind, and I think I speak on behalf of the
entire community that this niche that you’re trying to serve is a niche that clearly the population
of Chanhassen is growing into as they mature. We have a lot of people that are, they choose to
stay here even though they’ve grown to retirement and they choose to stay here because their
kids and their grandkids are here.
Mark Eklo: Exactly.
Mayor Laufenburger: And the notion of retiring in place is becoming more and more prevalent
so I think there will be a market there for you. I just want to say this that I appreciate on behalf
of those families, those 21 families, perhaps senior citizens, boomers, that move in there I want
to thank you for not only your persistence and your perseverance but also thank you to Mr.
Gianetti. I know that he’s been very patient with his property over a number of years.
Mark Eklo: Yeah, yep.
Mayor Laufenburger: And I’m hoping that in the not too distant future he can relax over in St.
Paul or Eden Prairie, wherever he is and he can say job well done Mr. Eklo.
Mark Eklo: Yeah, appreciate it. Any other questions that I can answer for you?
Mayor Laufenburger: I just have one more. You have full knowledge of the conditions of
approval, is that correct?
Mark Eklo: Yes I do.
Mayor Laufenburger: Okay, alright. Perfect.
Mark Eklo: Yeah the only question we had was the change that was made because the setback
there goofed us up on those lots that are facing south but we’re already set 60 feet from the
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Chanhassen City Council – July 11, 2016
wetland let alone the whole wetland and so that was the only one we had that was
misrepresentation there so yes we are fully aware of what’s been required.
Mayor Laufenburger: Alright, thank you Mr. Eklo.
Mark Eklo: Thank you.
Mayor Laufenburger: Any other questions or comments or motion?
Councilwoman Ryan: Mr. Mayor?
Mayor Laufenburger: Councilwoman Ryan.
Councilwoman Ryan: I’ll make a quick comment and then a motion please.
Mayor Laufenburger: Okay.
Councilwoman Ryan: Mr. Eklo I just would like to, after your further explanation, your doing
your due diligence in working with the watershed and paying such close attention to the Bluff
Creek Overlay District that’s a very important piece of the city and I appreciate you taking the
time to work through, you know work through all those challenges so with that I’d like to make a
motion that the Chanhassen City Council approves the PUD rezoning, conditional use permit and
the preliminary plat with a variance from the western perimeter setback subject to the conditions
of approval and adopts the Findings of Fact.
Mayor Laufenburger: Alright we have a valid motion. Is there a second?
Councilman McDonald: Second.
Mayor Laufenburger: Thank you Councilman McDonald. Any further discussion?
Councilwoman Ryan moved, Councilman McDonald seconded that the Chanhassen City
Council approves the PUD rezoning, Conditional Use Permit and Preliminary Plat with a
Variance from the western perimeter setback for Arbor Glen, Planning Case 2015-16
subject to the following conditions and adopts the Findings of Fact:
REZONING
Contingent on Final Plat approval for the Arbor Glen Development.
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Chanhassen City Council – July 11, 2016
SUBDIVISION WITH VARIANCE
Building:
1.Final grading plans and soil reports must be submitted to the Inspections Division before
building permits will be issued.
2.Engineered design and building permits are required for retaining walls exceeding four feet
in height.
3.Each lot must be provided with a separate sewer and water service.
4.Demolition permits must be obtained before demolishing any structures.
5.Proper removal, abandonment or sealing of storage tanks, on-site septic systems, wells, etc. is
required. Permits are required, as applicable.
Engineering:
1. There is an existing field entrance (curb cut) on 101. The curb cut shall be removed since
access will be from CSAH 18.
2. The drainage along the corridor right-of-way should remain in a similar flow direction. It
appears from the contours that with the building of the berm there may be an area that does
not drain.
3. Any grading or other work within the road right-of-way will require a permit from Carver
County.
4.The City shall require a drainage and utility easement to be granted over Outlot A.
5.A 10-foot easement is required on the rear lot lines of Lots 1 through 9, Block 3.
6.The topography must show 100 feet beyond the property boundary to the west, including the
first floor elevation of the building on the adjacent lot.
7.The grading plan must be revised to include the house pads and driveway locations
8.The low floor elevations of these proposed homes must be revised to comply with a three-
foot separation from groundwater encountered during construction.
9.The lowest building openings of Lots 5 and 6, Block 3 must be adjusted to a minimum of one
foot above the emergency overflow (EOF) elevation or the EOF must be relocated.
10.A standard lot benching detail shall be included in the plan set.
11.The grading plan must be revised at the back of Lot 5, Block 2, between Lots 2 and 3,
Block 3 and between the retaining walls to be no greater than 3:1.
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Chanhassen City Council – July 11, 2016
12.The Surface Water Pollution Prevention Plan with all elements required by the NPDES
Construction Permit shall be prepared and supplied to the city for approval with the final plat
and prior to any earth-disturbing activities.
13.Proof of the NPDES Construction Permit having been procured by the applicant shall be
supplied to the city prior to any earth-disturbing activities.
14.The entire buffer area shall be placed into Outlot C and the outlot shall be dedicated to the
city.
15.The trident underground storage and filtration system shall be located in a separate outlot
from Outlot C.
16.A detailed planting schedule, including types and size of plants if plugs are to be used or the
seed composition, source and application rate and method if the area is to be seeded, must be
provided to the city for review and approval before final plat. Yellow tags for the plant
source must be provided to the city. The plants shall be native and free of neonicotinoids.
17.A detailed maintenance schedule for establishment of vegetation within the primary zone and
buffer shall be provided to the city before final plat.
18.The soils within the buffer area shall be prepared by ripping to a depth of 12 inches to loosen
them and shall meet MnDOT Specification 3877-3 for Sandy Clay Loam Topsoil Borrow.
19.All residential lots shall have a minimum of six inches of topsoil meeting the specifications
for MnDOT Specification 3877-1 for Common Topsoil Borrow placed on all areas to be
seeded or sodded.
20.Monuments indicating the Bluff Creek Overlay District shall be placed at every other
property corner and at an angle of deflection greater than seven percent, but in no case shall
they be greater than 150 feet apart. The signs shall be installed immediately subsequent to
completion of final grade below the wall and before any building permits are issued for
Lots 2 through 11, Block 3. The plans shall be changed to reflect this requirement before
final plat.
21.Retaining walls shall be owned and maintained by a Homeowners Association (HOA). The
plan set shall call out the material for these retaining walls.
22.Walls over six feet tall (Wall B) shall not be boulder walls. Tiered boulder walls with a
combined total height greater than six feet tall must have adequate spacing between such that
they do not structurally impact one another.
23.The vegetation between tiered walls shall be low or no maintenance.
24.The emergency overflow (EOF) between Lots 5 and 6, Block 3 flows towards Wall A and
Wall B. Staff will work with the engineer designing the stormwater system and the structural
engineer designing the walls regarding conveyance of the water or relocation of this EOF.
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Chanhassen City Council – July 11, 2016
25.A vertical curve is required for the transition between +3.14% and -1.57% grade on the South
Private Drive.
26.The curve and line table for the horizontal alignments of all streets must be revised to be
consistent with the plan sheets.
27.The specifications for this project must be revised to match the current City of Chanhassen
Standard Specifications and Detail Plates and the proposed plan set, including but not limited
to the pavement design.
28.The applicant’s engineer shall submit documentation for the design speed selection and show
turning movements in the plan set to demonstrate that larger vehicles will be able to navigate
the roadway curvature.
29.The applicant must obtain permits from Carver County for construction of an access and all
other work in their right-of-way. They must also comply with the comments received from
the Carver County Engineering Office.
30.An ADA-compliant pedestrian ramp shall be constructed where the trail intersects Lyman
Boulevard.
31.The City of Chanhassen Standard Detail Plates for pedestrian ramps shall be added to the
plan set.
32.The applicant must obtain a permit for any work in the MnDOT right-of-way.
33.Profile grades shall be shown for the sidewalk and bituminous trail.
34.The plan must have a design grade that developer and engineer are confident that the
construction process will achieve the minimum of 0.40%. If the grade is flatter than 0.40%
at the time of acceptance, the city will require the sanitary sewer be excavated and
reconstructed to meet the grade requirement. Staff recommends use of 0.50% minimum
design grade.
35.The 8-inch watermain pipe plans shall be revised to call out C900 as the pipe material and
shall be installed per the City of Chanhassen Standard Specifications and Detail Plates.
36.The watermain connection to Highway 101 shall be relocated away from the stormwater
infiltration system.
37.The proposed sanitary sewer and water main shall become city-owned after construction and
acceptance by the city council.
38.The applicant must meet the storm water management standards prescribed in Section 19-144
of city code which incorporates the NPDES construction permit by reference. This requires a
volume reduction of 1.0 inches of water quality volume from all new impervious surfaces or
provide evidence that the site, in its entirety, meets the criteria by which infiltration is
infeasible as discussed in the NPDES permits. If adequate evidence is provided that
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Chanhassen City Council – July 11, 2016
infiltration is found to be infeasible, then the applicant must evaluate other methods of
abstraction.
39.The proposed storm water management system must meet the required reduction in total
phosphorus and total suspended solids.
40.The stormwater catch basins inside the cul-de-sac bubble shall be relocated to the curb line
and comply with the Chanhassen Standard Detail for cul-de-sacs.
41.A Homeowners Association (HOA) must be established that is responsible for the
maintenance and operation of the trident system if it is approved.
42.The city-authored maintenance agreement for stormwater management facilities shall be
revised accordingly, executed and recorded against the property.
43.The applicant shall develop an operations and maintenance manual which shall specify
anticipated inspection and maintenance, as well as schedule, necessary to ensure there is not
significant decreases in the practices’ efficacies. This operations and maintenance manual
shall be referenced in the maintenance agreement.
44.SWMP fees estimated to be $33,346.50 are due at the time of final plat.
45.The applicant is responsible for applying for, procuring approvals from and meeting the
requirements of all other agencies with jurisdiction over the project including, but not limited
to, the Minnesota Pollution Control Agency and the Riley-Purgatory-Bluff Creek Watershed
District.
46.Water and sewer partial hookups are due at the time of final plat. The partial hookup fees
will be assessed at the rate in effect at that time.
Environmental Resources:
1.A total of 18 additional overstory trees shall be planted throughout the development. The
applicant will submit a revised landscape plan.
2.A wetland buffer restoration plan shall be included in the revised landscape plan.
3.The applicant shall submit a tree inventory and tree preservation calculations as required by
ordinance prior to final plat review and approval.
Fire:
1.Provide/maintain three-foot clear space around fire hydrants.
2.The two private driveways will be required to have address signage which shall be submitted
to the Chanhassen Building Official and Fire Marshal for review and approval.
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Chanhassen City Council – July 11, 2016
3.Relocate the proposed fire hydrant located by Lot 1, Block 2 to the property line between
Lots 3 and 4, Block 2.
4.Prior to combustible home construction, fire apparatus access roads capable of supporting the
weight of fire apparatus shall be made serviceable.
5.Street signs (temporary allowed) shall be installed prior to building permits being
issued. The Fire Marshal must approve street signage.
6.Prior to combustible construction fire hydrants shall be made serviceable.
Parks:
1.Full park dedication fees shall be collected per city ordinance in lieu of requiring parkland
dedication.
2.Construction of Great Plains Boulevard trail from the southwest intersection of Lyman
Boulevard and Great Plains Boulevard traveling south for approximately 675 feet to the
southern terminus of the property. The developer shall provide design, engineering,
construction and testing services required of the Great Plains Boulevard trail. All
construction documents, including material costs, shall be delivered to the Park and
Recreation Director and City Engineer for approval prior to the initiation of construction.
The trail shall be 10 feet in width, surfaced with asphalt and constructed to meet all city
specifications. The applicant shall be reimbursed by the City for the cost of the aggregate
base, trail surfacing, and storm water systems utilized to construct the trail as well as for
redesign of the plans if necessary. This reimbursement payment shall be made upon
completion and acceptance of the trail and receipt of an invoice documenting the actual costs
for the construction materials noted. Labor and installation, design, engineering and testing
services are not reimbursable expenses.
Planning:
1.The developer shall install a gateway element similar to that at Southwest Village which
includes decorative fencing and landscaping.
CONDITIONAL USE PERMIT
1.The developer may dedicate Outlot C to the City.
2.The developer shall prepare a restoration plan for the Bluff Creek Corridor.
3.The buffer will be required to have a vegetation management plan and soil amendments.
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
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Chanhassen City Council – July 11, 2016
Mayor Laufenburger: Ms. Aanenson may I make a comment please? Thank you very much Mr.
Eklo.
Mark Eklo: Thank you very much.
Mayor Laufenburger: As I was reading through the packet I noticed that one of the people that
came to the Planning Commission was somebody who lived in the, or has a townhome in the,
just kiddy whampus. In whatever those townhouses are and there was reference to the fact that
he implored Mr. Eklo to remain with the project through to completion and he cited that his
current developer, whoever that was, I don’t want to use names but suggested that there was less
than complete satisfaction. Do we as a city, do we have any influence or any authority or any
escrows that we ask of developers to ensure that they complete projects including fixing last
things. Things like that, can you just speak to that.
Kate Aanenson: Yep, maybe give you the back story on that.
Mayor Laufenburger: Please do.
Kate Aanenson: I didn’t have all the information when someone comes up but we worked with
Mark Sonstegard on that project and that was, trying to think of the name of the firm he’s with.
It’s now Transatlantic. There was a wind storm that came through that area and blew some of
the siding off and it was actually turned over to the HOA but we did work with them to try, work
with the HOA to solve some of their problems out there.
Mayor Laufenburger: Yep.
Kate Aanenson: And so they had turned it over. I think there was just, trying to figure out,
wanted to turn it back and so worked with the building official and the developer and we did
work through those issues there and we’ve had great success out there managing all their
landscaping requirements and everything else. They’ve been great about it so.
Mayor Laufenburger: Okay so as is not uncommon there’s more to the story.
Kate Aanenson: Right well I think it’s hard too when someone comes up to the podium and
addresses their concerns rather than calling staff where we have a few minutes to try to gather all
the facts so kind of caught everybody off guard and didn’t have all the facts but yes we did get
that resolved and we do stick with them and we do take escrow on our projects regarding
landscaping, erosion, storm water issues, so there’s a lot of different securities that are put in
place and sometimes those take a year to get everything in, depending on when the project gets,
they’re still putting houses in. You might not be able to get driveways in or landscaping until the
next year so we do manage those but thank you for letting me explain that.
Mayor Laufenburger: Okay. Alright appreciate that.
Todd Gerhardt: Mayor, council?
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Chanhassen City Council – July 11, 2016
Mayor Laufenburger: Mr. Gerhardt.
Todd Gerhardt: Along with them there’s typically a warranty that goes along with a new
building so sometimes property owners put a lot of weight on that. As the developer looks at it,
it was a weather related, an act of nature that caused damage to it so then they’re thinking maybe
the insurance will kick in but long term after the warranty goes away the homeowners
association is responsible for roof, driveways, siding, things like that so you know there’s a lot of
factors that can go in with that. Jerry Moen, our building department will facilitate discussions
between the builder and homeowners in any case throughout the community. We’ve had that on
numerous projects throughout the community and we usually get some type of resolution to the
issue at hand.
Mayor Laufenburger: Very well. Thank you Mr. Gerhardt.
REQUEST FOR RETAIL ON-SALE INTOXICATING LIQUOR SALES FOR OFF-
PREMISE CONSUMPTION, BUY CHANHASSEN NIGHT ON THE TOWN, JULY 21,
2016.
Mayor Laufenburger: Is there a staff report.
Todd Gerhardt: Mayor, City Council members. Buy Chanhassen is requesting an off premise
consumption permit. We’re hoping that the Buy Chanhassen Night on the Town event is as
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successful as our 4 of July event and Buy Chanhassen is, this is kind of I think their third year
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into the Night on the Town event. This year it is July 21. The event goes from 5:00 pm to
11:00 pm and it’s concentrated in the area, as Kate has shown on the map here on the projector.
Everything in the red area would be where the consumption permit would be granted. I have
talked to our officers and they believe they can enforce those rules in that area. What’s key
about this is the event is throughout the town but we’ve concentrated the consumption into this
area but it still allows people to go to our Concert in the Park at 7:00. Those people that might
be at High Timber, Brindisi’s, Chuckwagon Charlie’s, they could still buy an adult beverage.
Walk down the street. Listen to the concert in the park and then walk back or go home so I think
this is something new for us. I think it’s a 6 hour event that I think we should give a try. So staff
is recommending approval. The businesses that would be covered under this are those
businesses highlighted in the map and they do have all the proper insurance in place as a part of
granting their liquor license to them this past spring. So I open up to any questions that the
council or mayor may have.
Mayor Laufenburger: Any questions? Mr. McDonald.
Councilman McDonald: I have a question. Now as I understand we’re also going to be blocking
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off some streets so that West 78 Street I think from the bank down to where that stop light’s at
are going to be closed so people can walk and flow inbetween or the street doesn’t become a
barrier the way it has in the past.
Todd Gerhardt: Yeah it’s similar to a street dance. The street would be closed east of Laredo on
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West 78 Street over to the intersection of Great Plains and West 78 Street. Everything
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Chanhassen City Council – July 11, 2016
between the clock tower west, Laredo east and we’ll be blocking that street off for a 6 hour
period. People coming up Great Plains going north will be able to make a right hand turn onto
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West 78 Street and go around and follow Chan View around down to Laredo and back if they
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want to go west onto West 78 Street so. Last year was our first experience with closing the
street. We did not receive any complaints for that. Barricades worked well and I think the event
is getting a little more energy. I know the Rotary participated last year in some of their displays
and events that they plan throughout the year. But I think Buy Chanhassen is still trying to feel
what they want to be. We have a detailed meeting tomorrow on the logistics with the Buy
Chanhassen group and they were just interested to see if they could have this permit.
Councilman McDonald: Yeah I guess my comment is, you know this has been an ongoing thing
now for a number of years. In fact I think it actually goes back maybe 4 years because there was
some time before when we didn’t do anything. We didn’t close off the streets or there were a lot
of barriers so I really appreciate the City looking at this and giving this a fair shot and it has
grown over the years. The past couple of years it’s been quite the party down there in the
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parking lot on the south side of West 78 but you never could bring in the north side. Axel’s and
all the businesses there because the road was open and it just created a big barrier so it’s great
that at this point what we’re looking at doing is trying to encompass all of the downtown and just
kind of make that a free zone where pedestrians can walk back and forth. MacPhail Music did a
concert and you know that was one of the reasons for closing the streets last year so as the City
Manager said I think each year this continues to grow and the participation gets better and better
so I really appreciate you looking at this and hopefully this will pull more of the businesses into
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this and this can become as successful as the 4 of July so thank you.
Todd Gerhardt: You’re welcome.
Mayor Laufenburger: Any other question or comment? Mr. Gerhardt is this standard practice
for us to issue an off premise consumption like this?
Todd Gerhardt: It’s within state statute and our ordinance allows for it.
Mayor Laufenburger: Okay.
Todd Gerhardt: So we are not violating liquor statutes as a part of this. Roger Knutson has
reviewed the request and asked that council give formal approval.
Mayor Laufenburger: Is there any licensed liquor establishment within the red boundary that is
not identified?
Todd Gerhardt: Not that we’re aware of.
Mayor Laufenburger: Okay. So essentially those people that would participate that would
purchase alcohol at any of these 6 locations, they’re essentially free to walk as they would
choose.
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Chanhassen City Council – July 11, 2016
Todd Gerhardt: Yeah and we will provide this map to each of those businesses and they will
explain to their patrons that they have to stay within these boundaries and we may put up a few
signs. No alcohol past this point.
Mayor Laufenburger: Okay. Alright. Well as Mr. McDonald says I think it’s worth a try to help
promote this Buy Chanhassen is trying to do, they’re trying to create a kind of a central
downtown come to the fair so to speak and they did a good job last year with a lot of activities
for kids and families and such.
Todd Gerhardt: It was a great family event.
Mayor Laufenburger: Yep, yep. Any further discussion or a motion?
Councilman Campion: I’ll make a motion.
Mayor Laufenburger: Mr. Campion.
Councilman Campion: The Chanhassen City Council approves the request from Buy
Chanhassen to authorize participating on-sale intoxicating liquor license holders to sell liquor for
off premise consumption at the Night on the Town event between 5:00 pm and 11:00 pm on July
21, 2016. Consumption will be allowed in downtown Chanhassen as outlined on the map
attached to the staff report. Approval is contingent upon the participating retail on-sale
intoxicating liquor establishments providing liquor liability insurance.
Mayor Laufenburger: Alright we have a valid motion. Is there a second?
Councilman McDonald: Second.
Mayor Laufenburger: Thank you Mr. McDonald. Any further discussion?
Councilman Campion moved, Councilman McDonald seconded that the Chanhassen City
Council approves the request from Buy Chanhassen to authorize participating on-sale
intoxicating liquor license holders to sell liquor for off premise consumption at the Night on
the Town event between 5:00 pm and 11:00 pm on Thursday, July 21, 2016. Consumption
will be allowed in downtown Chanhassen as outlined on the map attached to the staff
report. Approval is contingent upon the participating retail on-sale intoxicating liquor
establishments providing liquor liability insurance. All voted in favor and the motion
carried unanimously with a vote of 4 to 0.
Mayor Laufenburger: Thank you very much Mr. Gerhardt.
Todd Gerhardt: You’re welcome.
ADMINISTRATIVE PRESENTATIONS.
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Chanhassen City Council – July 11, 2016
Mayor Laufenburger: Anything tonight Mr. Gerhardt?
Todd Gerhardt: Well I want to recognize one of my staff. It came to my attention that our
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Community Development Director just celebrated her 25 anniversary with the City this past
week and I don’t know what this community would be doing without Kate and her wisdom and
knowledge and her fingerprints are all over this community and on behalf of all the department
heads, thank you Kate for 25 fantastic years and great service.
Kate Aanenson: Thank you.
Mayor Laufenburger: Did you get the, yes congratulations Kate.
Kate Aanenson: Thank you, thank you.
Todd Gerhardt: I didn’t get cupcakes.
Mayor Laufenburger: Did you get the contract for 25 more years? Tell me this Mr. Gerhardt,
how did you find her when she was only 12 years old that she thought she should come to work
here.
Kate Aanenson: Double thank you.
Todd Gerhardt: Luckily child labor laws were not in effect so we’re grandfathered in there.
Kate Aanenson: Mr. Gerhardt hired me by the way so.
Mayor Laufenburger: Good decision Mr. Gerhardt.
Todd Gerhardt: Yeah.
Mayor Laufenburger: Your words are very appropriate Todd. I think that Kate, whether you
realize it or not your success in this city just, it has a lasting impact. The decisions that you
helped the City Council approve and the recommendations you come forward, that you bring
forward, these really are lasting, a lasting impact on this city and your name may not be on the
cornerstone of all of the buildings but there’s a lot of people that are going to look back and see
yep, that was Kate’s doing. That was Kate’s doing so congratulations.
Kate Aanenson: Thank you. I love my job.
Mayor Laufenburger: Good. Then it’s not work at all. Why do we pay her at all?
Todd Gerhardt: She says she doesn’t want to get paid but I demanded that she be paid so.
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Chanhassen City Council – July 11, 2016
Mayor Laufenburger: Anything else Mr. Gerhardt?
Todd Gerhardt: That’s all I have.
COUNCIL PRESENTATIONS.
Mayor Laufenburger: Council presentations, anything? Mr. Campion.
Councilman Campion: I have kind of a personal item to share.
Mayor Laufenburger: Please do.
Councilman Campion: This past Saturday we adopted a dog from Happy Tails Rescue in Fridley
and he’s a little puppy. A beagle lab mix. Just 8 weeks old so we’ve had him home for almost 2
days now but it was just a pretty nice find. We had gone without a dog for about 6 months and it
was time and we looked there so I just encourage anyone else that might be looking for a new pet
to consider one of the rescue shelters.
Mayor Laufenburger: Very good. What do you call a beagle and a lab mix, do you know? My
first reaction would be a blab.
Todd Gerhardt: Is it Buster the Beagle?
Councilman Campion: Or it might be a legal.
Mayor Laufenburger: A legal. Oh, bring him to council chambers. We can forego Mr. Knutson.
Todd Gerhardt: Dan what’s the name?
Councilman Campion: The name is Barley.
Todd Gerhardt: Barley, okay. We have Buster the Beagle on our street.
Mayor Laufenburger: Any other council presentations? Well very good. Motion to adjourn
anybody?
Councilman McDonald moved, Councilwoman Ryan 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 8:05 p.m.
Submitted by Todd Gerhardt
City Manager Prepared by Nann Opheim
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