CC SUM 2017 07 10
CHANHASSEN CITY COUNCIL
REGULAR MEETING
SUMMARY MINUTES
JULY 10, 2017
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 Tjornhom, Councilwoman Ryan, and Councilman Campion
STAFF PRESENT: Todd Gerhardt, Chelsea Petersen, Paul Oehme, Kate Aanenson, Adam
Beers, and Roger Knutson
PUBLIC PRESENT:
B. Boudreau-Landis 960 Saddlebrook
Joanie Demeter 8203 Marsh Drive
Brian Harstad Rosemount Inc.
Joel Jenkins 7305 Frontier Trail
Steve Stamy 491 Bighorn
John Klinkenberg 83 Castle Ridge Court
Michelle Smith 7487 Saratoga Circle
Jeff Commander 7307 Frontier Trail
Tom Kersten 7402 Laredo Drive
Michelle Christopher 7300 Laredo Drive
Stephanie Schwarz 7420 Longview Circle
Joanna Poinar 7303 Laredo Drive
Donna Levy 7299 Laredo Drive
Leo Hofmeister 8622 Flamingo Drive
Ron Kramer 1022 Pontiac Lane
Jeff Hahn 622 Summerfield Drive
Jeff Gustafson 212 Lakeview Road E.
J.P. Meyer 94490 River Rock
Mike Madden 4212 Abbott Avenue So.
Chris Barns 6751 Brule Circle
Greg Fletcher 7616 South Shore Dire
Steve Donen 7341 Frontier Trail
Jan Lash 9455 River Rock Drive So.
Andrew Hiscox 7500 Erie Avenue
Brad Johnson 8922 Essex Road
City Council Summary – July 10, 2017
APPROVAL OF AGENDA: Councilman Campion moved, Councilwoman Ryan seconded
to amend the agenda to move the Venue/Aldi item to G-1 and Avienda to G-2. All voted in
favor, except for Mayor Laufenburger and Councilwoman Tjornhom who opposed and the
motion carried with a vote of 3 to 2.
CONSENT AGENDA: Councilman McDonald moved, Councilwoman Tjornhom
seconded to approve the following consent agenda items pursuant to the City Manager’s
recommendations:
1. Approve City Council Minutes dated June 26, 2017
2. Receive Planning Commission Minutes dated June 20, 2017
3. Item Deleted.
4. Foxwood: Approve Maintenance Agreement with Riley-Purgatory-Bluff Creek
watershed district.
5. Resolution #2017-44: State Highway 101: Approve Resolution of Support for State
Bonding Request.
6. Item Deleted.
7. Item Deleted.
8. Item moved to G-3.
9. Item Deleted by Developer.
10. Resolution #2017-45: Approve Resolution Accepting Donation of Park Benches from
Chanhassen Lions Club.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
VISITOR PRESENTATIONS. None.
PUBLIC HEARING: AUTHORIZE APPLICATION TO THE MINNESOTA
DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT (DEED) FOR
A $450,000 GRANT UNDER THE MINNESOTA INVESTMENT FUND (MIF)
PROGRAM TO ASSIST WITH THE EXPANSION OF ROSEMOUNT, INC., A
SUBSIDIARY OF EMERSON ELECTRIC CO.
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City Council Summary – July 10, 2017
Chelsea Petersen presented the staff report on this item. Brian Harstad, Vice President of
Finance for Rosemount’s North America Operations, that are headquartered in Chanhassen,
discussed the need to expand and update their 30 year old building. Mayor Laufenburger opened
the public hearing. No one spoke and the public hearing was closed.
Councilwoman Ryan moved, Councilman McDonald seconded that the City Council adopts
Resolution 2017-46: Resolution Regarding the Support of a Job Creation Fund Application
in Connection with Rosemount, Inc., a Subsidiary of Emerson Electric Company; and
Resolution #2017-47: Resolution Regarding the Support of a Minnesota Investment Fund
Application to the Department of Employment and Economic Development in Connection
with Rosemount, Inc., a Subsidiary of Emerson Electric Company; and authorizes the
application for funds available through the Minnesota Department of Employment and
Economic Development, Minnesota Investment Fund and Job Creation Fund programs.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
WEST PARK:
A. APPROVE REZONING FROM RSF AND PUD TO PUD-RESIDENTIAL,
PRELIMINARY PLAT, SITE PLAN, AND A VARIANCE FOR AN 82 UNIT
TOWNHOME DEVELOPMENT AND APPROVE SUMMARY ORDINANCE.
B. PUBLIC HEARING: VACATION OF PUBLIC DRAINAGE AND UTILITY
EASEMENT.
Kate Aanenson presented the staff report and Planning Commission update on this item. Mayor
Laufenburger opened the public hearing on the vacation of drainage and utility easements. No
one spoke and the public hearing was closed. Councilwoman Ryan asked for clarification of the
setback variance and guest parking. Paul Heuer with Pulte Homes, 7500 Office Ridge Circle,
Eden Prairie, Minnesota 55344 discussed the setback variance, guest parking and background on
the project design. Mayor Laufenburger asked about timing for buildout of the project and if the
developer agreed with the documents in the staff report. After comments from council members
the following motions were made.
Councilman McDonald moved, Councilman Campion seconded that the City Council
approves preliminary plat for Planning Case 17-12 for West Park as shown on the plans
received June 30, 2017, subject to the following conditions of approval:
Engineering:
1. The existing topographic survey shall include the existing first floor elevations of nearby
structures such as 8751 Waters Edge Drive and 721 Lake Susan Drive.
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City Council Summary – July 10, 2017
2. Spot elevations shall be shown at the center of proposed driveways at the curb line so the
driveway grade can be verified.
3. The applicant shall work with Carver County to see if the FES from their pond outlet can be
combined with the county’s culvert to eliminate the low spot adjacent to this site.
4. The plan shall show EOF locations and elevation for all basins on site.
5. Top and bottom wall elevations shall be shown on the grading plan.
6. All retaining walls shall be owned and maintained by a Homeowners Association (HOA).
7. The development plans shall call out the material of the retaining wall. The following
materials are prohibited for retaining wall construction: smooth face, poured in place
concrete (stamped or patterned is acceptable), masonry, railroad ties and timber.
8. As existing public utilities are located within the vacation area, the applicant shall grant a
drainage and utility easement to the City concurrent to recording the vacation.
9. The applicant shall have their survey confirm location of all easements with a recent title
commitment prior to final plat.
10. The retaining wall and entry monuments are proposed within drainage and utility easements.
These elements require an encroachment agreement prior to their construction.
11. The private sidewalks constructed within city right-of-way require an encroachment
agreement.
12. All private streets will be owned and maintained by a Homeowners Association.
13. Street lights shall be installed at the intersections with public streets. This light shall be
owned by the City and maintained by MVEC (Minnesota Valley Electric Company). A $300
fee shall be collected with the development contract for electricity costs for the first year of
operation.
14. The net SWMP Fee due at the time of final plat of the northern parcel is $53,237.19.
15. The net SWMP Fee due at the time of final plat of the southern parcel is $17,651.42.
16. For 64 units on the northern parcel, the sanitary partial fee is $44,224.00 and the water partial
fee is $137,408.00.
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City Council Summary – July 10, 2017
17. For 18 units on the southern parcel, the sanitary partial fee is $12,438.00 and the water partial
fee is $38,646.00.
18. The remaining hook-up fees will be due with the building permit at the rate in effect at that
time.
19. The vertical curves shall be revised to meet the City Code standard to have the curve length
be greater than the difference of the grades multiplied by 20.
20. The horizontal alignment of several horizontal curves radii do not meet requirements for a 30
mph roadway without superelevation per the MnDOT Roadway Design Manual. The
applicant shall submit documentation for the design speed used for these roads and the
anticipated signed speed. Speed signage shall be required.
Park and Trail Conditions of Approval:
1. Full park fees in lieu of additional parkland dedication and/or trail construction shall be
collected as a condition of approval for the West Park Residential Subdivision. The park fees
will be collected in full at the rate in force upon final plat submission and approval. Based
upon the current residential park fee rates of $3,800 per multi-family/apartment dwelling, the
total park fees will be $311,600.
2. 82 units x $3,800 each.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
Councilman McDonald moved, Councilman Campion seconded that the City Council
approves site plan for the construction of 82 townhouses for Planning Case 17-12 for West
Park, as shown on the plans received June 30, 2017, subject to the following conditions of
approval:
Engineering:
The Engineering Department recommends approval of the final plat subject to the following
conditions:
1. The applicant shall submit the full SWPPP document to the City for review prior to grading
on site.
2. No parking signage shall be installed at all turnarounds to keep them open for public safety
access.
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City Council Summary – July 10, 2017
3. All private street signage shall comply with the Minnesota Manual on Uniform Traffic
Control Devices.
4. The sidewalk and pedestrian ramps shall be constructed per the Chanhassen Standard Detail
Plates.
5. All sidewalks internal to the site shall be owned and maintained by the HOA.
6. The sidewalk connection parallel to Lake Susan Drive shall be owned and maintained by the
City.
7. The HOA shall be responsible for snow maintenance on sidewalks adjacent to HOA
property.
8. The applicant shall revise plans to call out the size of proposed water main.
9. The applicant’s engineer shall add a column to the stormwater pipe/structure table to list the
velocities of the pipes.
10. Stormwater pipe within the development shall be privately owned and maintained.
11. The storm sewer/water main crossing near CB MH 702 may be in conflict. The applicant’s
engineer shall verify this when the utility profiles are drafted.
12. The applicant shall meet the minimum requirements for stormwater set forth in City Code
Section 9-VII and requirements of the Riley Purgatory Bluff Creek Watershed District.
13. The applicant must obtain a permit from the Riley Purgatory Bluff Creek Watershed District
prior to grading the site.
14. The applicant is responsible for obtaining permits from applicable regulatory agencies
(MDH, MPCA, MnDOT, etc.) prior to construction.
15. The proposed development will exceed one (1) acre of disturbance and will, therefore, be
subject to the General Permit Authorization to Discharge Stormwater Associated with
Construction Activity Under the National Pollution Discharge Elimination/State Disposal
System (NPDES Construction Permit).
16. Sidewalk constructed within MnDOT right-of-way may require a Limited Use Permit (LUP).
17. The plan for flared stormwater pipes that discharge into the pond, infiltration basin and right-
of-way shall be modified to have non-erosive velocities (3.5-5.0 feet per second).
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City Council Summary – July 10, 2017
18. The pipe from FES 500 to OCS 501 shall be modified to have a slope of 1.00 percent or
greater to prevent standing water and reduce the potential for ice damage.
Building Conditions:
1. Accessibility must be provided to all portions of the development and a percentage of the
units may also be required to be accessible or adaptable in accordance with Minnesota State
Building Code Chapter 1341. Further information is needed to determine these requirements.
2. Buildings are required to be protected with an automatic sprinkler system. For the purposes
of this requirement property lines do not constitute separate buildings.
3. The buildings will be required to be designed by an architect and engineer as determined by
the Building Official.
4. The developer must submit a list of proposed street name(s) to the Fire Marshal and Building
Official for review and approval prior to final plat of the property.
5. Demolition permits must be obtained before demolishing any structures on the site.
Application for such permits must include hazardous substances investigation and proposed
mitigation reports.
6. A final grading plan and geotechnical (soils evaluation) report must be submitted to the
Inspections Division before permits will be issued.
7. Walls and projections within 5 feet of property lines are required to be of one-hour fire-
resistive construction.
8. Retaining walls over four feet high require a permit and must be designed by a professional
engineer.
9. Each lot must be provided with separate sewer and water services.
10. The developer and/or their agent shall meet with the Inspections Division as early as possible
to discuss plan review and permit procedures.
Fire Marshal:
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City Council Summary – July 10, 2017
1. A three-foot clear space must be maintained around fire hydrants.
2. Street signs (temporary allowed) shall be installed prior to building permits being
issued. Fire Chief must approve signage.
3. Prior to combustible construction fire hydrants shall be made serviceable.
4. Prior to combustible home construction fire apparatus access roads capable of supporting
the weight of fire apparatus shall be made serviceable.
5. Relocate the fire hydrant on Stonegate road eighty (80) feet to the west. (At the
intersection of Stonegate and Stonegate)
6. On Eagle View Road add a fire hydrant between block 5 and block 6.
7. In order to avoid duplicating street names, submit new proposed street names to Fire
Chief and Building Official for review and approval.
Planning:
1. Approval of this site plan is contingent upon approval of the final plat for Gateway North.
2. The applicant shall enter into a site plan agreement.
3. The building shall comply with the Planned Unit Development building setback
requirements.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
Councilman McDonald moved, Councilman Campion seconded that the City Council
approves the variance request for Planning Case 17-12 to allow a 25-foot setback from
Waters Edge Drive, Lake Susan Drive, and Highway 101, as shown on the plans received
June 30, 2017, subject to the following conditions of approval:
1. Approval of the Variance is contingent upon approval of the Site Plan and Subdivision
applications for Planning Case 17-12.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
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City Council Summary – July 10, 2017
Councilman McDonald moved, Councilman Campion seconded that the City Council
approves rezoning the property located at the southeast of Waters Edge Drive, west of Great
Plains Boulevard, north of Highway 212 and bisected by Lake Susan Drive with an
approximate area of 9.8 acres from Residential Single Family and Planned Unit Development
to Planned Unit Development-Residential, incorporating the following design standards:
WEST PARK
PUD DEVELOPMENT DESIGN STANDARDS
a. Intent
The purpose of this zone is to create a RESIDENTIAL PUD. 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
The permitted uses in this zone should be limited to four, five, and six plex
complexes.
The total number of units for the entire site may not exceed 99 92 units.
c. Setbacks
The PUD ordinance requires setbacks from roadways and exterior property lines. The
following table displays those setbacks.
Boundary Building/ Parking
Setbacks (feet)
Highway 101 25/10 *
Highway 212 25/25
Northerly Project Property Line 25/25
Westerly Project Property Line 25/20
Internal Project property lines 0 /0
Hard Surface Coverage-Residential 50 %
Maximum Residential Building/Structure Height 35 or 3 stories,
whichever is less
* parking setbacks maybe reduced to 10 feet if full screening is provided.
d. Residential Building Materials and Design
Buildings and site design shall comply with design standards outlined in Article XXIII.
General Supplemental Regulations, Division 9 of the Zoning Ordinance.
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City Council Summary – July 10, 2017
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.
4. All adjoining units must exhibit different exterior design features and color.
e. 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 parking areas, utility boxes, unadorned
building massing, etc.
2. All open spaces and non-parking lot surfaces, except for the fire pit area, shall be
landscaped, rockscaped, or covered with plantings and/or lawn material.
3. Undulating berms, 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.
4. Native species shall be incorporated into site landscaping, whenever possible.
f. Street Furnishings
Benches, trash receptacles, planters and other street furnishings should be of design and
materials consistent with the character of the area. Wherever possible, street furnishings
should be consolidated to avoid visual clutter and facilitate pedestrian movement.
g. Signage
The intent of this section is to establish an effective means of communication in the
development, maintain and enhance the aesthetic environment, 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,
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City Council Summary – July 10, 2017
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. Preserve and promote civic beauty, and prohibit signs which detract from this
objective because of size, shape, height, location, condition, cluttering or
illumination;
b. Ensure that signs do not create safety hazards;
c. Ensure that signs are designed, constructed, installed and maintained in a manner that
does not adversely impact public safety or unduly distract motorists;
d. Preserve and protect property values;
e. Ensure signs that are in proportion to the scale of, and are architecturally compatible
with, the principal structures;
g.1. Monument Sign:
One monument sign shall be permitted at the entrances to the development off of Lake
Susan Drive. 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.
g.2. 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.
h. Lighting
1. Lighting for the interior of the development shall be consistent throughout the
development. Fixtures with decorative natural colored pole shall be used throughout the
development in parking and street lighting. Decorative, pedestrian scale lighting shall be
used in the fire pit area 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).
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.
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City Council Summary – July 10, 2017
i. Residential Parking shall comply with city code requirements.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
Resolution #2017-48: Councilman McDonald moved, Councilman Campion seconded that
the City Council adopts a resolution approving the vacation of all the public drainage and
utility easements on Lot 1, Block 1 of GATEWAY NORTH as dedicated on the recorded
plat thereof as described in Exhibit A. All voted in favor and the motion carried
unanimously with a vote of 5 to 0.
Resolution #2017-49: Councilman McDonald moved, Councilman Campion seconded that
the City Council adopts a resolution approving the vacation of all the public drainage and
utility easements on Lot 2, Block 2 and Outlot A of GATEWAY NORTH as dedicated on
the recorded plat thereof together with Document No. 206358 as described in Exhibit A.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
Councilman McDonald moved, Councilman Campion seconded that the City Council
approves Planning Case 17-12 subject to the conditions of approval and adopts the
attached Findings of Fact and Decision. All voted in favor and the motion carried
unanimously with a vote of 5 to 0.
VENUE/ALDI: APPROVE SITE PLAN FOR A 134 UNIT, SIX STORY APARTMENT
BUILDING AND A ONE-STORY, 19,000 SQUARE FOOT RETAIL BUILDING WITH A
VARIANCE; AND PRELIMINARY APPROVAL OF A REGISTERED LAND SURVEY
CREATING THREE PARCELS.
Kate Aanenson presented the staff report and Planning Commission update on this item.
Councilman Campion asked if staff had approached the applicant about the size of the building.
Councilwoman Tjornhom asked about the transition from the new building to the Frontier
Building. Councilwoman Ryan asked for clarification of the variance, a traffic study analyzing
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impacts to West 78 Street and Market Boulevard, side by side driveway access referenced on
page 15 of the staff report, and delivery truck circulation. The applicant, Rick McKelvey with
United Properties, 651 Nicollet Mall, Minneapolis, Minnesota addressed issues pertaining to
market studies performed showing there is a strong demand for high quality housing and value
priced grocery in downtown Chanhassen, building height, traffic, architecture, snow removal,
drive lane width, and the possibility of building on top of the retail space. Councilwoman Ryan
asked the applicant to address the impact if the grant and TIF requests are not approved. Mayor
Laufenburger asked for clarification on the Aldi and apartment entrances, why not affordable
housing, why a grocery store and specifically Aldi, and Aldi operations before opening up the
meeting for public comments from individuals who did not speak at the public hearing that was
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held at the Planning Commission on June 20. Joanie Demeter, 8203 Marsh Drive discussed the
proximity of the apartment complex to the railroad tracks and that the color scheme of red and
green on the building may be offensive to some people. She suggested a more neutral color
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City Council Summary – July 10, 2017
palate. Andrew Hiscox, 7500 Erie Avenue expressed concern with the design of the road
between the proposed project and Country Inn and Suites. Joel Jenkins, 7305 Frontier Trail
asked if the traffic circulation can handle fire equipment. Brad Johnson, 8922 Essex Road
provided historical information and his involvement with redevelopment of this area of
downtown. Michelle Christopher, 7300 Laredo Drive asked about what happens to the retail
space if the 20 year lease is broken. Tom Kersten, 7402 Laredo Drive asked that the road
inbetween this project and the Country Inn and Suites be brought up to city code. Steve Stamy,
491 Big Horn Drive asked for clarification on the market studies and economic benefits to the
city of Chanhassen. Mayor Laufenburger closed the public comment portion of the meeting and
brought it back to council for comments. After discussion the following motions were made.
Councilwoman Ryan moved, Councilman Campion seconded to adopt an Interim
Ordinance for any redevelopment in the downtown business district until the vision study
has been completed and presented to City Council. Councilwoman Ryan and Councilman
Campion voted in favor. Mayor Laufenburger, Councilwoman Tjornhom and Councilman
McDonald voted in opposition. The motion fails 2 to 3.
Councilwoman Tjornhom moved, Councilman McDonald seconded that the City Council
approves the Site Plan Review for 134 unit, six story apartment building and a one story,
19,000 square foot retail building with a variance for the existing drive aisle widths, plans
prepared by ISG, dated May 19, 2017, subject to the following conditions; approves a
Registered Land Survey creating three parcels out of three; and adoption of the Findings of
Fact and Recommendation:
Building Official:
1. Accessibility must be provided in accordance with the “Minnesota Accessibility Code” (see
MN Rules 1341). Accessible parking must be adequate, dispersed and on located on the
shortest accessible route. Residential units are required to be accessible or adaptable in
accordance with Minnesota State Building Code Chapter 1341. Further information is
needed to determine these requirements.
2. Buildings are required to be protected with an automatic sprinkler system. For the purposes
of this requirement property lines do not constitute separate buildings.
3. The buildings are be required to be designed by an architect and engineers as determined by
the Building Official.
4. Demolition permits must be obtained before demolishing any structures on the site.
Application for such permits must include hazardous substances investigation and proposed
mitigation reports.
5. A geotechnical (soils evaluation) report must be submitted to the Inspections Division
before permits will be issued.
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City Council Summary – July 10, 2017
6. Walls and projections within 5 feet of property lines are required to be of one-hour fire-
resistive construction.
7. Retaining walls over four feet high require a permit and must be designed by a professional
engineer.
8. Each lot must be provided with separate sewer and water services.
9. The developer and/or their agent shall meet with the Inspections Division as early as
possible to discuss plan review and permit procedures.
Engineering:
1. The developer must obtain the necessary permissions for the off-site work required to
rebuild a portion of the existing retaining wall on the east side of the proposed building.
2. The developer shall consult with city staff to determine if modifications can be made to
the western entrance off of Market Street to eliminate the current “side by side” driveway
accesses.
3. The applicant shall work with city staff and the owner of the property to the east to
ensure that tractor trailer delivery trucks can access the Dinner Theater’s loading docks.
4. An encroachment agreement is required for the private storm sewer within the city’s 30
foot wide drainage and utility easement.
5. The applicant must obtain a permit from RPBCWD prior to grading the site.
6. The applicant shall include a cross section of the underground storm water system with
the next submittal.
7. A dewatering plan must be submitted prior to issuance of a building permit and shall
include a note that city staff shall be notified before dewatering occurs.
Environmental Resources:
1. The applicant shall revise the landscape plan to show any existing trees to be preserved.
2. The applicant shall plant a minimum of 28 trees on the site.
Fire:
1. Separate addresses for ALDI and Venue buildings are required.
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City Council Summary – July 10, 2017
Planning:
1. The applicant shall develop an alternate plan to provide residents of the apartment a view
of the camouflaged or alternative roof.
2. The applicant shall incorporate additional benches, bike rakes and possibly picnic/cafe
tables around the site.
3. Signage shall comply with the CBD sign regulations. A separate sign permit shall be
required for each sign.
Mayor Laufenburger, Councilwoman Tjornhom and Councilman McDonald voted in
favor of the motion. Councilwoman Ryan and Councilman Campion voted in opposition to
the motion. The motion carried with a vote of 3 to 2.
(The City Council took a short recess at this point in the meeting.)
AVIENDA: APPROVE REZONING FROM A2 TO PUD REGIONAL COMMERCIAL,
PRELIMINARY PLAT, CONDITIONAL USE PERMIT, VARIANCES, AND WETLAND
ALTERATION PERMIT.
Kate Aanenson presented the staff report and Planning Commission update on this item. City
Engineer Paul Oehme reviewed findings from the updated AUAR study and the permitting
process for the Wetland Alteration Permits. Darren Lazan with Landform Professional Services,
representing the applicant Level 7 Development reviewed highlights of his power point
presentations. Mark Nordland outlined 4 items that the applicant and staff will continue to work
on as a comprehensive signage package, senior housing with services, Bluff Creek Boulevard
road profile and asked that the variance request associated with the Bluff Creek Overlay District
be formally withdrawn from the application and brought back to Planning Commission and City
Council with an actual site plan. After comments and discussion the following motions were
made.
Councilman McDonald moved, Councilman Campion seconded that the Chanhassen City
Council approve Planning Case #2017-19 to rezone 115.54 acres from Agricultural Estate
District (A2) to PUD Regional Commercial-PUD Subdivision contingent upon final plat
approval, as shown in plans from Landform dated April 14, 2017 and June 12, 2017,
subject to the PUD ordinance and adoption of the Findings of Fact. All voted in favor and
the motion carried unanimously with a vote of 5 to 0.
Councilman McDonald moved, Councilman Campion seconded that the Chanhassen City
Council approves the Subdivision Preliminary Plat creating 17 lots, 3 outlots, and
dedication of public right-of-way, plans prepared by Landform dated April 14, 2017 and
June 12, 2017, and subject to the following conditions:
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City Council Summary – July 10, 2017
Engineering
1. Top and bottom elevations for all retaining walls shall be labeled on the plan set.
2. A fence or other barrier is required at any location where a wall is greater than 6 feet tall
and within 10 feet of a public right of way.
3. The following wall materials are prohibited: smooth face, poured in place concrete
(stamped or patterned is acceptable), masonry, railroad ties, or timber. Boulder walls are
prohibited if the maximum height is greater than 6 feet.
4. All retaining walls shall be owned and maintained by a property-owners association.
5. The applicant shall submit a revised grading plan to show Wall E, including top and
bottom wall elevations.
6. As large, landscaped boulevards are proposed, the applicant shall add a note to the typical
sections to identify a corridor for installation of private utilities such as power,
communication, gas, etc.
7. The applicant shall show the road profiles and a horizontal alignment table in the plan set
for all public roads prior to final plat.
8. The public roads constructed with this development are: Bluff Creek Boulevard, Avienda
Parkway, Sunset Trail and Mills Drive. All other roads and drives constructed with this
development will be privately owned and maintained.
9. The applicant proposes an Ultimate Plan for the Bluff Creek intersection with Powers
Boulevard that includes two-lane entry into the roundabout. The City requires this
Ultimate Plan be constructed at this time, but the roadway can be striped for one-lane
only.
10. The applicant shall remove pavement and expand the median on the southern leg of the
Powers Boulevard/Bluff Creek Boulevard intersection to remove the second left-turn lane
from northbound Powers Blvd to westbound Bluff Creek Blvd.
11. Staff recommends the applicant add traffic calming measures to Avienda Parkway West
near the residential areas of development. Specifically, the applicant shall incorporate
pedestrian-friendly crossing features to the intersection at Mills Drive and Avienda
Parkway West.
12. The applicant shall revise the width of Mills Drive to correspond with the existing Mills
Drive section in The Preserve at Bluff Creek.
13. The applicant shall align the intersection of Mills Drive and the access to the apartment
building with the parking ramp to form an intersection rather than offset as the current
plan shows.
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City Council Summary – July 10, 2017
14. Sunset Trail will become a private roadway from Avienda Parkway to Bluff Creek
Boulevard as it winds through the center of the development. When Block 5 and/or Lot 2,
Block apply for site plan approval, this private road shall be constructed.
15. The plan for concrete sidewalk on the inside of Avienda Parkway shall be revised to a 5-
foot width.
16. ADA-compliant pedestrian ramps shall be constructed at all intersections and median
refuges per the MnDOT standard details.
17. The sanitary stub from MH 25 shall be no larger than the 8” downstream pipe and the
slope shall be adjusted accordingly.
18. Sanitary service stubs shall be provided for the six twin home units proposed on Mills
Drive.
19. Sanitary structures shall be moved out of the landscaped median and into the center of
lanes for improved future maintenance access.
20. All sanitary sewer main constructed within the right-of-way in this project shall be
publically owned and maintained.
21. Private sanitary main must be constructed to meet the City’s requirements for public
utilities.
22. The plan shall use 2017 Chanhassen standard detail plates, which are available on the
City’s website.
23. The proposed water main connection 570 feet north of the Bluff Creek Blvd/Powers Blvd
intersection shall be removed. A water main connection from Avienda Parkway to
Lyman Boulevard through the parking lot of Lot 3, Block 4 shall be installed. The
applicant shall grant a drainage and utility easement for this publically owned and
maintained connection.
24. Water service stubs shall be provided for the six twin home units proposed on Mills
Drive.
25. Additional water main stubs shall be provided at the accesses for Lot 1, Block 4 and Lot
1, Block 5.
26. All water main constructed within the right-of-way in this project shall be publically
owned and maintained. Private sanitary and water main must be constructed to meet the
City’s requirements for public utilities.
27. The applicant must show a maintenance access route for the pond at the bottom of Wall
D.
28. The applicant must provide the total disturbed area of the proposed development.
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City Council Summary – July 10, 2017
29. Permanent stormwater management controls for Volume, Rate, and Water Quality are
required per the Riley Purgatory Bluff Creek Watershed District (RPBCWD) rules.
30. The applicant must provide a figure clearly identifying the areas to be irrigated with areas
quantified, which is not included in the current plans.
31. The proposed reuse system does not provide sufficient volume reduction per RPBCWD
rules. It is recommended that the irrigation system is revised to provide further volume
reduction.
32. The applicant must provide documentation that each of these ponds meets the Level 1, 2,
and 3 criteria per the Minnesota Stormwater Manual to ensure that they will produce the
calculated water quality benefits.
33. The applicant must provide the annual runoff volumes to each wetland for the pre- and
post-project conditions.
34. The applicant must provide further information on the bounce and inundation periods for
each of the identified critical wetlands. The bounce and inundation changes caused by the
project must be in compliance with WCA requirements.
35. The twin home units must pay a water and sanitary service partial hook-up fee when Lot
1, Block 2 and Lot 1, Block 3 are replatted at the rate in place at that time. The
remaining hook-up fees would be paid with the building permits.
36. The developer shall work with the Building Department to determine the City SAC and
WAC fees for commercial and multi-family buildings. The hook-up fees for commercial
and multi-family buildings are due with the building permit at the rate in place at that
time.
37. The developer shall pay this site’s portion of the 2005 AUAR costs- which is $25,836.70
with the final plat.
38. Collector and Arterial Roadway Traffic Impact Zone fees will be collected with the final
plat. The fee will be based on the commercial rate of $3,600 per acre and a residential
rate of 2,400 per acres.
39. The developer shall escrow funds for installation of traffic signals at Sunset Trail, Powers
Boulevard and Audubon Road. The escrow amount shall be based on the Carver
County’s cost participation policy as published on their website.
40. The proposed redevelopment will need a Riley-Purgatory –Bluff-Creek Watershed
District (RPBCWD) permit prior to beginning construction activities.
41. It is the applicant’s responsibility to ensure that permits are received from all other
agencies with jurisdiction over the project (i.e., Army Corps of Engineers, DNR,
MnDOT, Carver County, RPBC Watershed District, Board of Water and Soil Resources,
PCA, etc.).
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City Council Summary – July 10, 2017
42. A drainage and utility easement shall be placed over Outlot B.
43. The developer shall dedicate the Conservation Easement containing the Bluff Creek Primary
Zone to the City.
44. Provide a cross access easement to Lot 4, Block 1.
Landscaping
1. No development encroachment on the Bluff Creek Overlay District primary zone shall be
allowed nor fragmentation of the primary zone area.
2. The access route shall follow the shortest route from Camden Ridge to the proposed
development.
3. The applicant shall submit an overall landscape plan that shows proposed landscaping for
the overall site including items such as parking lots, perimeter, foundation and open
space areas.
4. Parking lot islands shall be linear areas incorporating planting area and stormwater
management.
5. If the applicant chooses to install the minimum requirement sizes of parking lot
landscaping islands, then if the proposed plan remains committed to individual landscape
islands, then silva cells, engineered soil or other accommodations must be used in order
to insure the survival of the trees.
6. No more than 20% of the total trees should be from any one genus and no more than 10%
should be from any one species.
7. A reuse watering system should be considered to irrigate all plantings within the site.
8. Drought tolerant plants shall be incorporate into the overall landscape plan.
9. Proposed landscaping plant materials shall be selected based on site conditions.
10. At a minimum, overall tree cover should be at least 20-25% or higher in commercial
areas and a minimum of 30-35% or higher in residential areas.
11. Any landscaping located within the ROW or the median shall be covered by an
encroachment and maintenance agreement
Park and Trail
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City Council Summary – July 10, 2017
1. Incorporate meaningful park-like places, including the provision of appropriate recreation
equipment, site furnishings, and landscaping adjacent to residential components.
2. Preserve the woodlands identified in the Bluff Creek Overlay District. Provide a blanket
trail easement over the entire preserved area to accommodate the installation of natural
surface public trails.
3. Provide an attractive public trail connection from the north entering the Bluff Creek
Overlay District.
4. Incorporate traffic calming into all pedestrian crossing locations.
5. Full park dedication fees shall be collected per city ordinance in lieu of requiring
parkland dedication.
Building Official Comments
1. The buildings are required to have automatic fire extinguishing systems.
2. Building plans must be prepared and signed by design professionals licensed in the State of
Minnesota.
3. Soil evaluation (geo-technical) report required.
4. Retaining walls over four feet high must be designed by a professional engineer and a permit
must be obtained prior to construction.
Fire Department Comments
The east and west bound driving lanes of Bluff Creek Boulevard extending from Powers
Boulevard to the existing Bluff Creek Boulevard be increased from 16 feet to 20 feet curb to
curb. This is in order for emergency apparatus to safely pass cars and trucks once they pull over
and stop.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
Councilman McDonald moved, Councilman Campion seconded that the Chanhassen City
Council approves the Conditional Use Permit to encroach into the primary zone and
required buffer for the construction of Bluff Creek Boulevard; subject to the following
conditions:
1. The developer shall dedicate the Conservation Easement containing the Bluff Creek Primary
Zone to the City.
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City Council Summary – July 10, 2017
2. The Developer shall provide the city with a management for the area and submit to the city
for review.
3. 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.
4. The developer shall not encroach into the Bluff Creek Primary Zone.
5. The developer shall comply with the with the 40 foot primary zone setback and preserve or
create a 20 foot buffer from the primary zone.
6. The buffer will be required to have a vegetation management plan and soil amendments.
7. The plans shall be revised to remove any structure in the BCOD.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
Councilman McDonald moved, Councilman Campion seconded that the City Council
approve the Wetland Alteration Permit to 4.4659 acres of permanent wetland impacts
subject to the TEP panel’s recommendation for approval and subject to the following
conditions:
The applicant needs to supply the needed additional information to the city. The additional
information is needed to determine if the project meets the WCA requirements.
A Technical Evaluation Panel meeting is needed to review the application.
If the application is deemed to meet the avoidance and minimization criteria of the WCA, a
mitigation plan that adequately replaces wetland functions and values is needed.
City Staff has reviewed mitigation options. City Staff recommends the applicant provide
wetland mitigation via the purchase of wetland bank credits, at a ratio of 2:1, in accordance
with WCA requirements.
The applicant shall contribute $300,000 to the city for water quality improvement projects
within the watershed.
Wetland Functions and Mitigation
If the project meets the WCA sequencing and shows that the wetland impacts need to occur for
the project (i.e. if the project meets wetland avoidance and minimization requirements), the rest
of the WCA review for this project is dependent on wetland replacement.
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City Council Summary – July 10, 2017
The WCA requires that wetland replacement must replace the public value of wetlands lost
because of an impact. The public value of wetlands is generally based on the functions of
wetlands including: water quality, flood water attenuation, public recreation and education, and
fish/wildlife/plant habitats. The WCA uses the Minnesota Routine Assessment Method
(MnRAM) to determine functions and values. The City completed a citywide MnRAM in 2006.
The applicant has completed MnRAM as part of the application process. For the onsite wetlands
that were previously evaluated by the City, the applicant’s MnRAM has either the same result or
a slightly higher quality results for the wetlands.
The table above shows the wetland management categories from the application. The standard
categories that the city uses, which are in conformance with state guidance, is as follows:
Preserve: These are the highest quality wetlands and have high quality habitat and native
vegetative diversity.
Manage 1: These are a lower quality than Preserve, but still show high habitat quality and
plant diversity.
Manage 2: These wetlands have been impacted by stormwater, invasive species, or other
impacts and are lower quality than Manage 1. They likely still provide some habitat and
may have some native plant species.
Manage 3: These wetlands have been impacted the most and may provide a stormwater
treatment function and have minimal native plants. These are the lowest quality wetlands.
The wetlands proposed to be impacted by the project are either Manage 2 or Manage 3 wetlands.
Some have historically been excavated. These wetlands do not contain a diversity of native
plants. They do provide stormwater and floodplain treatment for downstream wetlands as they
are at the headwaters of the Bluff Creek and Lake Susan watersheds. Downstream waters are
impaired for water quality.
Wetland mitigation that replaces wetland functions and values at a minimum of a 2:1 ratio is
required and can be met in a variety of ways:
Onsite mitigation: New wetlands are created or restored within a project area. This could
address replacing functions and values in the same area, but the current layout does not
provide opportunity for a reasonable creation or restoration project. Also, creating new
wetlands takes time and there are many factors to consider for its success.
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City Council Summary – July 10, 2017
Replacement in the same subwatershed: New wetlands are created or restored within the
same minor or major subwatershed as the project. This would allow wetland functions
and values to be replaced within the subwatershed where the project is located and the
project layout would not have to be altered to fit mitigation on site. However, a suitable
site would need to be located.
Purchase of wetland credits from a wetland bank: There are several wetland banks in the
state and applicants can purchase credit from these already created wetland areas. It is
preferred in the WCA rules that a bank within the same bank service area be chosen to
purchase credit for a project.
Some combination of these mitigation options: An eligible project can also use a
combination of these mitigation options.
As stated, if the project is determined to have met the avoidance and minimization criteria for the
wetland impact, wetland mitigation for the lost functions and values would be required at a
minimum of a 2:1 ratio. Currently, the applicant is proposing mitigation through the purchase of
credit from three wetland banks in Blue Earth, Stevens, and Rice Counties. These banks are in
the same bank service area, and only one is in the same major watershed area.
In addition to the wetland bank credits, City staff recommends that a condition of
approval will include the applicant shall contribute $300,000 to the city for water quality
improvement projects within the watershed.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
Councilman McDonald moved, Councilman Campion seconded that the Chanhassen City
Council adopts the attached Findings of Fact and Recommendations as amended by the
City Attorney. All voted in favor and the motion carried unanimously with a vote of 5 to 0.
CONSENT AGENDA: D-8. AWARD OF BID, CITY HALL EXTERIOR LANDSCAPING.
Councilman Campion asked that the bids for this project be rejected because of his belief that the
amount is excessive and asked that the City Council alter the base bid package to be focused more
on necessities. Councilwoman Ryan supported Councilman Campion’s comments.
Councilman McDonald moved, Councilwoman Tjornhom seconded that the City Council
accepts the City Hall Exterior Landscaping Bids and Awards the Contract to Blackstone
Contractors LLC in the amount of $365,835 which includes the base bid and alternate #2. All
voted in favor, except Councilman Campion and Councilwoman Ryan who opposed, and the
motion carried with a vote of 3 to 2.
COUINCIL PRESENTATIONS. None.
ADMINISTRATIVE PRESENTATIONS. Todd Gerhardt provided an update on the Downtown
Visioning project.
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City Council Summary – July 10, 2017
Councilwoman Ryan moved, Councilman McDonald seconded to adjourn the meeting. All
voted in favor and the motion carried unanimously with a vote of 5 to 0. The City Council
meeting was adjourned at 11:50 p.m.
Submitted by Todd Gerhardt
City Manager
Prepared by Nann Opheim
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