CC Sum 2018 02 12
CHANHASSEN CITY COUNCIL
REGULAR MEETING
SUMMARY MINUTES
FEBRUARY 12, 2018
Mayor Laufenburger called the meeting to order at 7:00 p.m. The meeting was opened with the
Pledge to the Flag which was led by Boy Scouts from Troop 460.
COUNCIL MEMBERS PRESENT: Mayor Laufenburger, Councilman McDonald, Councilwoman
Ryan, and Councilman Campion
COUNCIL MEMBERS ABSENT: Councilwoman Tjornhom
STAFF PRESENT: Todd Gerhardt, Chelsea Petersen, Kate Aanenson, Paul Oehme, Todd Hoffman,
Jerry Ruegemer, Adam Beers, MacKenzie Walters, and Roger Knutson
PUBLIC PRESENT:
Daryl & Nate Kirt 50 Hill Street
Jeff & Jill Souba 3617 Red Cedar Point
Elizabeth & Rick Nustad 7721 Erie Avenue
Dave & Barb Howe 400 Santa Fe Trail
Steve Zeller 1762 Woodstone Drive
Julie Nagorski Dewitt, 901 Marquette Avenue, Minneapolis
Brian Barnard 3630 Sunset Hills, Missouri
Todd Jackson 621 Broken Arrow Drive
Dan Cook 3630 S. Geyer, Sunset Hills, Missouri, 63127
Larry & Jean Zamor Tonka Bay
Todd Neils 990 Saddlebrook Curve
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Gary Carlson 3891 West 62 Street
Jay & Ty Johnson 6479 Duck Lake
Dave Harrington 51 Twin Maple Lane
Mark Hagen 2343 Harrison Hill Court
CONSENT AGENDA: Councilman McDonald moved, Councilwoman Ryan seconded to approve
the following consent agenda items pursuant to the City Manager’s recommendations:
1. Approve City Council Minutes dated January 9, 2018
2. Receive Park and Recreation Commission Minutes dated December 12, 2018
3. Receive Planning Commission Minutes dated January 2, 2018
4. Receive Planning Commission Minutes dated January 16, 2018
5. Variance Request: 7052 Minnewashta Parkway.
City Council Summary – February 12, 2018
6. Resolution #2018-09: Approve Purchase of Two Fire Department Command Vehicles.
7. Resolution #2018-10: Approve the Purchase of Exhaust Gas Venting System for Fire Station.
8. Resolution #2018-11: Authorize Support of TH 5 Regional Trail Master Plan, Carver County
Parks.
9. Resolution #2018-12: Accept Donation from the Chanhassen Athletic Association for Lake
Susan Park Ballfield Lighting.
10. Resolution #2018-13: Approve Application for Funding from the Carver County Community
Development Agency Community Growth Partnership Initiative Program for Rosemount, Inc., a
subsidiary of Emerson Electric Company.
11. Resolution #2018-14: Accept Bids and Award Contract for the 2017 Inflow and Infiltration (I/I)
Project.
12. Resolution #2018-15: 1650 Motorplex Court-Subdivision Request and Conditional Use Permit
Amendment.
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13. Mission Hills 3 Addition: Approve Final Plat, Development Contract, and Plans and
Specifications.
14. 7700 Quattro Drive: Amend Conditional Use Permit for Cell Tower.
15. 2018 Pay Equity Report.
16. Resolution #2018-16: Accept Street and Utility Improvements in Glaccum Highlands.
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
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D(17). 3821 WEST 62 STREET: CATHCART PARK DETACHMENT TO CITY OF
SHOREWOOD.
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Kate Aanenson presented an update on the staff report for this item. Gary Carlson, 3891 West 62 Street
discussed issues with storm water runoff from Cathcart Park onto his property, and right-of-way issues
associated with Cathcart Lane. Mayor Laufenburger directed city staff to write a letter to the City of
Shorewood urging them to consider providing land to the property owner of Mr. Carlson’s property when
they choose to develop that land.
Resolution #2018-18: Councilman McDonald moved, Councilman Campion seconded that the
Chanhassen City Council approve a joint resolution requesting concurrent detachment from
Chanhassen and annexation into Shorewood of certain lands pursuant to Minnesota Statues Section
414.061. All voted in favor and the motion carried unanimously with a vote of 4 to 0.
VISITOR PRESENTATIONS: PRESENTATION OF DONATION FROM CHANHASSEN
ATHLETIC ASSOCIATION FOR LAKE SUSAN PARK BALLFIELD LIGHTING.
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City Council Summary – February 12, 2018
Todd Hoffman introduced Todd Neils with the Chanhassen Athletic Association who presented a check in
the amount of $38,000 as partial payment towards ballfield lighting at Lake Susan Park.
PUBLIC HEARING: APPROVE OFF-SALE INTOXICATING LIQUOR LICENSE FOR
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TARGET CORPORATION DBA TARGET STORE T-0862, 851 WEST 78 STREET.
Todd Gerhardt presented the staff report on this item. Jonathan Redberg, Senior Analyst of Licensing for
Adult Beverage at Target discussed Target’s remodeling plans for the Chanhassen store and plans for
expanding additional stores throughout Minnesota in 2018. Mayor Laufenburger opened the public
hearing. Dave Howe, 400 Santa Fe Trail stated he very much objects to Target being an additional outlet
for off-sale liquor stating it was made clear when the council reviewed Total Wine that Chanhassen has
enough liquor stores. Dave Harrington, 51 Twin Maple Lane voiced his opposition to the council
approving another liquor license in Chanhassen. Steve Zeller, 1762 Woodstone Drive in Victoria and part
owner of Parley Lake Winery stated support for stores like Target who potentially will be selling local
craft beer and wines. Mark Hagen, 2343 Harrison Hill Court shared the concern about taking jobs away
from existing liquor stores and stated he did not see the demand for another liquor store in the
community. Mayor Laufenburger closed the public hearing. Councilwoman Ryan asked for clarification
from the applicant on the liquor store entrance, age of employees, and the possibility of pick up or
delivery of alcohol. After comments from council members the following motions were made.
Councilwoman Ryan moved to continue this item to the March 12, 2018 meeting so the City
Council can review the liquor license ordinance at the work session on February 26, 2018. This
item failed for lack of a second.
Councilman McDonald moved, Councilman Campion seconded that the City Council approves the
request for an off-sale intoxicating liquor license from Target Corporation dba Target Store T-0862
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located at 851 West 78 Street. Approval of the liquor license would be contingent upon issuance of
a certificate of occupancy, satisfactory background investigation results, and final approval by the
Minnesota Alcohol and Gambling Department. All voted in favor except for Councilwoman Ryan
who abstained. The motion carried with a vote of 3 to 0 with 1 abstention.
PUBLIC HEARING: APPROVE VACATION OF EASEMENTS AT 7721 ERIE AVENUE
(NUSTAD).
Paul Oehme presented the staff report on this item. Mayor Laufenburger opened the public hearing. No
one spoke and the public hearing was closed.
Resolution #2018-18: Councilwoman Ryan moved, Councilman Campion seconded that the City
Council adopts the resolution approving the vacation of a portion of the public right-of-way
dedicated as the north one half of the alley dedicated in Block 2, St. Hubertus lying easterly of Erie
Avenue and westerly of the southerly extension of the east line of Lot 12, Block 2 all in Chanhassen,
Carver County, Minnesota retaining a drainage and utility easement over the vacated portion of
the alley. All voted in favor and the motion carried unanimously with a vote of 4 to 0.
AWARD OF BID FOR LAKE SUSAN PARK BALLFIELD LIGHTING.
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City Council Summary – February 12, 2018
Todd Hoffman presented the staff report on this item. Councilman McDonald asked about the difference
between the current use of metal halide and the proposed LED lights. Mayor Laufenburger asked about
the change in the field design.
Councilman Campion moved, Councilman McDonald seconded that the City Council approves the
Purchase Agreement with Musco Sports Lighting, LLC in the amount of $209,811 for LED
Foundation to Poletop Lighting System for Lake Susan Park Baseball Field. All voted in favor and
the motion carried unanimously with a vote of 4 to 0.
VARIANCE REQUEST: 3617 RED CEDAR POINT.
MacKenzie Walters presented the staff report and Planning Commission update on this item. Councilman
McDonald asked for clarification on what variances have been granted in the surrounding area and asked
staff to address snowplowing and snow storage. Councilwoman Ryan asked about the use of permeable
pavers, tuck under versus side loading garage, and shoreline restoration. The applicant Todd Jackson
explained that he owns property at 3732 Hickory Drive which will be used for crew parking. Jeff Souba,
3617 Red Cedar Point discussed the property owners who reside at 3618 Red Cedar Point and requested
that the variance be appealed. After comments from council members the following motion was made.
Councilwoman Ryan moved, Councilman Campion seconded that the Chanhassen City Council
approves an 11.5 foot front yard setback, a 22.1 foot lakeshore setback and an 11 percent lot
coverage variance for the construction of a single family house subject to the following conditions of
approval and adopts the attached Findings of Fact and Decision:
1. The applicant must apply for and receive a building permit.
2. A title search for the property should be conducted to ensure any/all existing easements are
documented.
3. A new 1”=20’ scale survey should be provided as part of the building permit application clearly
showing the proposed setbacks and lot coverage for the proposed house and structures.
4. At least one tree must be planted in the front yard, if one is not present after construction.
5. Tree protection fencing must be properly installed at the edge of the grading limits across the
entire south side. This must be done prior to any construction activities and remain installed until
all construction is completed. Any trees lost to construction activities beyond those indicated in
the tree removal plan shall be replaced.
6. No equipment may be stored within the tree protection area.
7. Appropriate tree protection measures must be taken to protect the rear yard ash from Emerald
Ash Borer.
8. The 162 square foot rear patio area is understood to be the property’s water oriented structure.
9. Lot coverage may not exceed 3,319 square feet.
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City Council Summary – February 12, 2018
10. The proposed rear patio and driveway areas must be constructed using pervious paver systems.
11. A permanent 20 foot native vegetated buffer must be installed along the shoreline using species
native to the ecotype with permanent buffer monuments. The buffer may work around the path
and stairs. The buffer must be designed and installed by an experienced professional in native
shoreline restoration. Design plan must be approved by the Water Resources Coordinator.
12. The property owner must work with Minnehaha Creek Watershed District to identify and
implement any shoreline restoration projects that would improve the ecosystem health and
function. Replace riprap with bioengineering solutions is one example.
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
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531 WEST 79 STREET: APPROVAL OF SITE PLAN TO CONSTRUCT PANERA BREAD.
Kate Aanenson presented the staff report and Planning Commission update on this item. Paul Oehme
discussed the traffic study that was performed for this proposal. Councilman McDonald asked for
clarification on the scope of the traffic study. Councilwoman Ryan asked for clarification on the parking
lot configuration between Chick-fil-A and Panera. Councilman Campion asked that city staff work on
improving traffic circulation. Mayor Laufenburger asked the engineering staff to continue studying the
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traffic flow on 79 Street and Great Plains Boulevard.
Councilman McDonald moved, Councilwoman Ryan seconded that the Chanhassen City Council
approves the site plan for a 4,500 square foot, one-story restaurant with drive through
facilities plans prepared by CEI Engineering Associates, Inc. dated revised 11/30/17,
subject to the following conditions:
Building:
1. The building is required to have an automatic fire extinguishing system.
2. Building plans must be prepared and signed by design professionals licensed in the State of
Minnesota.
3. Sanitary and storm sewer service must comply with Minnesota State Plumbing Code (see
Table 701.1).
4. Detailed occupancy related requirements will be addressed when complete building plans are
submitted.
5. The owner and or their representative shall meet with the Inspections Division as soon as
possible to discuss plan review and permit procedures.
Engineering:
1. The plans shall be signed and sealed by a Professional Engineer licensed in the State of
Minnesota prior to recording the site plan agreement.
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City Council Summary – February 12, 2018
2. Provide perimeter drainage and utility easements were none exist concurrent with
recording the site plan agreement.
3. The applicant must move any feature out from within the City’s drainage and utility
easement, including both bioretention basins or the applicant must enter into an
encroachment agreement with the City after, but concurrent to the site plan agreement.
4. An additional drainage and utility easement shall be recorded over the two bioretention
basins concurrent with recording the site plan agreement.
5. Soil boring locations shall be shown on the grading plan prior to site grading.
6. Indicate finished floor elevation of the adjacent parcel to the east prior to site grading.
7. Provide existing and proposed elevations at each lot corner, top of curb or centerline of
the roadway at each lot line extension, center of the proposed driveway at the curbline,
and indicate the proposed driveway grade prior to site grading.
8. Indicate information to verify the lowest building opening is a minimum of 1-foot above
the emergency overflow elevation of the bioretention basins prior to site grading.
9. Identify soil stockpile areas intended within the site limits prior to site grading.
10. Address review comments identified in the attached letter from MnDOT prior to site
grading.
11. Provide Limited Use Permit (LUP) for the public sidewalk connection prior to recording
the site plan agreement.
12. Applicant shall utilize the City’s standard detail for the sidewalk connection prior to site
grading.
13. Staff has requested further traffic analysis to include the Market Blvd intersection prior to
review for City Council consideration.
14. The applicant’s engineer shall also examine ways to mitigate the queueing and decreased
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LOS at the W 79 Street & Great Plain Blvd intersection prior to review for City Council
consideration.
15. The applicant’s engineer shall verify whether an adequate sight line is provided for
vehicles exiting the site access prior to review for City Council consideration.
16. Prior to review for City Council consideration, the traffic analysis report shall further
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discuss recommendations for the timing of improvements to the W 79 St & Great Plains
Blvd intersection. The recommended ¾ intersection shall include a figure in the
Appendix showing the proposed design. Further commentary shall be included related to
its operation.
17. Plans shall show the current City detail plates and indicate all of the most up-to-date
plates shall be used when the project under construction.
18. The storm sewer piping shall be included on the utility plan prior to recording the site
plan agreement.
19. Plan shall include the bioretention basin details with elevations prior to site grading.
20. Recommend applicant review the design for the on-site hydrant. From a long term
perspective, the hydrant should be fed by the water service to the parcel it serves.
Coordinate with the adjacent property owner to abandon un-necessary water pipe.
Otherwise, a maintenance agreement between the two parcels shall be filed to define
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City Council Summary – February 12, 2018
future maintenance responsibilities and other important business protection aspects prior
to site grading.
21. Utility plan indicates 0.87% for the sanitary sewer grade. Revise plan to increase grade
to a minimum of 1% prior to site grading.
22. Sanitary sewer service shall be routed the nearest sanitary manhole to facilitate sewer
cleaning due to the zoning classification and proposed property use. Prior to site grading,
revise the plan to show the existing sanitary service connection to the main shall be
abandoned. A short liner shall be used in the sanitary main and the pipe shall be filled
with flowable fill or non-shrink grout to the property line. The line shall be capped at the
property line.
23. Staff recommends C900 PVC water main pipe material be considered.
24. Recommend testing requirements for the utility piping be considered with the utility
design. Install a new gate valve at the property line where the new water service piping
ties into the existing service piping.
25. Provide details on the plans for the grease trap prior to site grading.
26. Demolition plan shall include removal of existing service piping to the connection
locations prior to site grading.
27. The applicant shall coordinate with City staff prior to removal or construction of the
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services regarding inspection and traffic control on W 79 Street prior to site grading.
28. Once construction is complete, the applicant shall retain ownership of the proposed
sanitary service, water service and hydrant constructed on this property. Recommend
applicant consider flushing of the water service piping when selecting the location for the
hydrant.
29. The applicant shall follow the accessibility code for the construction as well as all
applicable State and Federal laws.
30. The applicant shall obtain permits from all applicable agencies which may include, but is
not limited to the MPCA, MnDOT, Riley Purgatory Bluff Creek Watershed District, ect.
Environmental Resources:
1. The applicant shall revise the landscape plan to accommodate more of the required
bufferyard trees in the south buffer yard area.
2. The interior width of all landscape islands and peninsulas containing trees must be a
minimum of 10 feet. The east island shall be enlarged to a minimum interior width of 10
feet.
3. Any existing trees scheduled to be preserved that are lost due to construction activities
shall be replaced.
4. The Colorado spruce listed in the Plant Schedule shall be replaced with Black Hills
spruce.
5. Existing ash trees that are preserved must be treated for EAB, as approved by the city.
Failure to treat the trees, resulting in their death, will require replacement trees to be
planted.
Planning:
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City Council Summary – February 12, 2018
1. The applicant shall enter into a site plan agreement with the city and provide the
necessary security to guarantee erosion control, site restoration and landscaping.
2. A copy of the cross access/parking agreement shall be submitted to the city.
3. Wall lighting and the trash enclosure lighting shall comply with city code.
4. The proposed monument sign shall be relocated on the site to comply with city code.
5. Signage shall comply with city code and requires separate sign permits for each sign.
6. Bike racks shall be incorporated on site near the access sidewalk from Highway 5.
7. EIFS may be used provided that it is the Outsulation system with hydroponic coating, or
equivalents, installed with proprietary reinforcing meshes a minimum of six feet above
grade.
8. The entrance canopies and patio enclosure shall be painted a contrasting color from the
bronze windows and doors.
Water Resources:
1. Six inches of topsoil is required and will be verified by city staff. In grading notes on
page C3 it states 4 inches.
2. Topsoil needs to be specified.
3. Sequencing of Construction identifies no. 5 as to construct the temporary sedimentation
and sediment trap, but nowhere in the grading plan is it identified. Plans should identify
the bio-filtration basins be graded to be used as temporary sediment basin, along with
temporary outlets to allow stormwater to be pumped and drained too, during construction
of the site.
4. A design and planting plan approved by the Water Resources Coordinator is required for
this high visibility location. Seed mix is insufficient for these vegetated basins. You must
use species native to the ecoregion.
5. Sock should be eliminated from drain tile. Buckshot and or pea rock to surround
underdrain pipe.
6. Underdrain tile needs to be identified. Should be a HDPE Corrugated perforated plastic
tile. SCH 35, 40 PVC pipe is not allowed for underdrain.
7. Tile in bio-filtration basin needs to be placed on a minimum grade of 0.5 percent.
8. Plan details need to show a profile of the bio-retention basin with the grade of the tile
placement.
9. All quantities of materials to be used, and specifications need to be identified on plan
sheet for contractor to bid and to construct.
10. Mixed D soil may not be used. We only use 75 percent washed sand and 25 percent leafy
compost.
11. Bio-filtration basin should be identified in sequencing that it should not be completed
until all surrounding watershed to basins are stabilized.
12. City staff to be called, and be on site when contractor is installing bio-filtration basin to
make sure the existing subsoil is scarified 18 inches below surface in bio-filtration basin
13. Contractor to have written statement as part of the pre-construction meeting, the means
and method of how they plan to scarify and protect the subsurface from compaction in
the bio-retention basin.
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City Council Summary – February 12, 2018
14. An approved operation and maintenance plan is required for all stormwater treatment
devices. Including contact information for person(s) responsible for maintenance as well
as person(s) performing onsite inspection and maintenance duties. The city must approve
operation and maintenance plans prior to permits being issued.
15. The city will hold the security on the project until vegetation is well established and the
planting is free of weeds. This may take a few growing seasons to achieve.
16. An additional drainage and utility easement shall be recorded over the drainage basins
located west and south of the parking lot.
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
COUNCIL PRESENTATIONS. Councilman McDonald and Councilman Campion discussed events
associated with Feb Fest.
ADMINISTRATIVE PRESENTATIONS. None.
CORRESPONDENCE DISCUSSION. None.
Councilman McDonald moved, Councilman Campion 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 10:05 p.m.
Submitted by Todd Gerhardt
City Manager
Prepared by Nann Opheim
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