SUM 2005 08 08
CHANHASSEN CITY COUNCIL
REGULAR MEETING
SUMMARY MINUTES
AUGUST 8, 2005
Mayor Furlong called the meeting to order at 7:05 p.m.. The meeting was opened with the
Pledge to the Flag.
COUNCIL MEMBERS PRESENT:
Mayor Furlong, Councilman Peterson, Councilwoman
Tjornhom, Councilman Lundquist and Councilman Labatt
STAFF PRESENT:
Todd Gerhardt, Justin Miller, Roger Knutson, Paul Oehme, Kate
Aanenson, Todd Hoffman, and Bob Generous
PUBLIC ANNOUNCEMENTS:
Mayor Furlong extended an invitation to all residents to
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attend Chanhassen Day at the Minnesota Landscape Arboretum on Friday, August 19 and the
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Miracles for Mitch Kids Triathlon on Saturday, August 20.
CONSENT AGENDA:Councilman Labatt moved, Councilman Lundquist seconded to
approve the following consent agenda items pursuant to the City Manager’s
recommendation:
a. Approval of Minutes:
-City Council Work Session Minutes dated July 25, 2005
-City Council Verbatim & Summary Minutes dated July 25, 2005
Receive Commission Minutes:
-Planning Commission Verbatim & Summary Minutes dated July 19, 2005
b. Approve Expenditure of Funds for Trunk Watermain Improvements in the Highcrest
Meadows Development, Project Nos. 05-07, 05-08, 05-09.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
E. APPROVAL OF AMENDMENT TO THE DESIGNATED SHOOTING AREAS IN
THE CITY.
Councilman Lundquist asked that this item be removed from the consent agenda stating that with
the constraints in place requiring the landowners permission, there is no need at this time for a
change. Mayor Furlong felt limiting hunting to south of Lyman Boulevard was a fair
compromise. Commissioner Labatt suggested that the ordinance say no hunting north of Lyman
Boulevard.
Councilman Lundquist moved, Councilman Peterson seconded to table the amendment to
the designated shooting areas in the city. All voted in favor, except Councilman Labatt and
Mayor Furlong who opposed, and the motion carried with a vote of 3 to 2.
City Council Summary – August 8, 2005
VISITOR PRESENTATIONS:
None.
REQUEST FOR REZONING OF PROPERTY FROM AGRICULTURAL ESTATE (A2)
TO PLANNED UNIT DEVELOPMENT (PUD), PRELIMINARY PLAT APPROVAL
AND WETLAND ALTERATION PERMIT ON PROPERTY LOCATED ON THE
NORTHWEST CORNER OF LYMAN BOULEVARD AND GALPIN BOULEVARD;
CHANHASSEN WEST BUSINESS PARK, EDEN TRACE CORPORATION, PLANNING
CASE 05-23.
Public Present:
Name Address
Abby Wilson 2332 Stone Creek Drive
Ron Blum 2081 Stone Creek Drive
Gene Kruchoski 2030 Boulder Road
Dan Luna 2483 Bridle Creek Trail
Rodney Melton 2413 Bridle Creek Trail
Mark & Chris Fischer 2407 Bridle Creek Trail
Gayleen & Roger Schmidt 8301 Galpin Boulevard
Jeff & Dee McGuire 2272 Stone Creek Lane East
Dean Held 2230 Stone Creek Lane East
Ben Merriman 8156 Mallory Court
Helen & Gary Schock 2309 Boulder Road
Peter & LuAnn Sidney 2431 Bridle Creek Trail
Kevin DiLorenzo 2382 Stone Creek Lane West
Barry LaBounty 2421 Bridle Creek Trail
Thor Smith 2139 Boulder Road
Amina Linkous 2208 Boulder Road
Drew Dingman 2403 Bridle Creek Trail
Mike Wright 2280 Boulder Road
Rodney Melton 2413 Bridle Creek Trail
Joel Lehrke 2329 Boulder Road
Craig Johnson 2450 Bridle Creek Trail
Bob Generous presented the staff report and Planning Commission update on this item.
Councilman Lundquist asked staff to talk specifically about the safeguards staff has put in place
based on other IOP’s throughout the city. Councilwoman Tjornhom asked staff to explain the
process and control the city has in establishing the entrance and exit to this site. Councilman
Peterson asked staff to explain the traffic study that was conducted and buffering.
Councilwoman Tjornhom asked about the requirement regarding the number of stories for the
buildings. Councilman Labatt asked for clarification of the setback requirement for the northern
property line and the grade and elevation of Lot 6. Mayor Furlong asked staff to summarize
what changes have occurred to the plan since the Planning Commission meeting, other land use
designations in the area, and architectural design standards. Councilman Lundquist asked for an
update on the drainage situation north of Lot 6 and the possibility of access through the
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City Council Summary – August 8, 2005
properties in Chaska. The developer, Ben Merriman with Eden Trace provided historical
information on how the plans got to their present state and addressed questions about drainage
and screening. Mayor Furlong invited residents to speak.
Barry LaBounty, 2421 Bridle Creek Trail asked that the development be completed in such a
manner that it takes into consideration a transition zone between the neighborhoods affected and
the development and asked the City Council to consider the following recommendations. Hold
Buildings 5 and 6 to no more than one story plus the parapet for screening of rooftop equipment,
that a berm be provided between Outlot B and Building 5 and a berm on the north side of
Building 6, increasing the buffer to 150 feet and address the drainage issue by Lots 2, 3 and 4 of
Trotters Ridge. Peter Sidney, 2431 Bridle Creek Trail asked the council to adopt the following
conditions. Designate Outlot C as a permanent conservation easement precluding any future
development or change of permitted uses. Restrict the height of buildings 5 and 6. Do not allow
outdoor paging and speaker systems. Consider limiting the hours of operation of businesses to
two shifts. Do not allow lighted signage. Require minimally invasive lighting on the north sides
of buildings 5 and 6. Concerning their Lot 5, to protect the large white oak tree by locating the
barrier fencing in Outlot C no closer than 10 feet beyond the drip line of the tree and to protect
against disturbance of the roots of this tree, do not extend the west end of the berm along the
northeast property line beyond Lot 4 of Trotters Ridge. Kevin DiLorenzo, 2382 Stone Creek
Lane West, speaking on behalf of himself and some of his neighbors, stated he did not feel this
was the right development for this property stating the need for a better transition to the existing
neighborhoods, greater setbacks, smaller and more attractive buildings, limiting semi truck
traffic in and out of the development and moving the proposed entrance and exit to Lyman.
Jeffrey McGuire, 2272 Stone Creek Lane East, Vice President of the Stone Creek Homeowners
Association stated their concern with the traffic study and traffic that will be generated by all the
developments in the area. He would respectfully submit that Buildings 6, 8 and 7 be limited in
their height and Building 1 be limited to one story. Thor Smith, 2139 Boulder Road and newly
appointed to the Stone Creek Association Board, stated in talking with neighbors they were
consistent in their concern of why would you put industrial development next to residential. He
asked that the definition of high quality materials be spelled out more clearly to ensure it blends
in with the surrounding residential development. Gene Kruchoski, 2030 Boulder Road had
concern with the traffic on Galpin and children crossing to the school, and asked if there were
any maps showing access to this site from either Lyman or to the west. Amina Linkous, 2208
Boulder Road expressed concern with the size of trees being planted along Galpin Boulevard and
with the access onto Galpin Boulevard. Drew Dingman, 2403 Bridle Creek Trail wanted to
emphasize the point he made at the Planning Commission regarding the size and design of
Building 6. Mike Wright at 2280 Boulder Road was concerned with the intersection being
controlled by signage or lights. Rodney Melton, 2413 Bridle Creek Trail asked for clarification
on the setback requirement of 100 versus 150 feet. Joel Lehrke, 2329 Boulder Road asked to
increase the setback to save trees around Building 1 and enhanced building facades along Galpin.
Abby Wilson, 2332 Stone Creek Drive asked for clarification on the construction time line,
proposed improvements on Galpin and property values. Craig Johnson, 2450 Bridle Creek Trail
asked if the developer or the staff could demonstrate another neighborhood in Chanhassen that
would be burden by two sides of light industrial properties. His second concern was the
transition. Mayor Furlong closed the public portion of the meeting. Kate Aanenson and Paul
Oehme addressed the issues brought up by the residents. After discussion of items to be
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City Council Summary – August 8, 2005
addressed such as exterior signage and lighting, limit on building height, permanent dedication
on Outlot C, no outdoor speakers, setback, stormwater drainage and addressing a right-in/right-
out on Lyman Boulevard, the following motion was made.
Councilman Lundquist moved, Councilman Labatt seconded to table the request for
rezoning of property from Agricultural Estate (A2) to Planned Unit Development (PUD),
Preliminary Plat and Wetland Alteration Permit on property located on the northwest
corner of Lyman Boulevard and Galpin Boulevard, Chanhassen West Business Park,
Planning Case 05-23. All voted in favor and the motion carried unanimously with a vote of
5 to 0.
(The City Council took a short recess at this point in the meeting.)
REQUEST FOR REZONING OF PROPERTY FROM A2 TO PUD-R; SUBDIVISION
WITH VARIANCES OF APPROXIMATELY 91 ACRES INTO 84 LOTS, 3 OUTLOTS
AND PUBLIC RIGHT-OF-WAY; SITE PLAN APPROVAL FOR 459 TOWNHOUSE
UNITS; WETLAND ALTERATION PERMIT; CONDITIONAL USE PERMIT FOR
ALTERATION OF THE FLOOD PLAIN; AND CONDITIONAL USE PERMIT FOR
DEVELOPMENT WITHIN THE BLUFF CREEK OVERLAY DISTRICT LOCATED
EAST OF AUDUBON ROAD, SOUTH OF LYMAN BOULEVARD, AND NORTH OF
PIONEER TRAIL, LIBERTY ON BLUFF CREEK. APPLICANT TOWN AND
COUNTRY HOMES, PLANNING CASE NO. 05-11.
Public Present:
Name Address
Ed Hasek Westwood Professional Services
Larry Martin 2707 Spy Glass, Chaska
Jeff Fox 5270 Howard Point Road, Excelsior
Rick Dorsey 1551 Lyman Boulevard
Mary S. Ranum Fredrickson & Byron
Kevin M. Clark Town & Country Homes
Dean Held 2230 Stone Creek Lane East
Kate Aanenson presented a power point presentation on this item and an update from the
Planning Commission meeting. Councilman Peterson asked how the size and scope of this
proposal compared to other large projects in the city. Mayor Furlong asked what had changed
since the City Council saw this at their work session meeting, clarification of road and trail
circulation and on street parking, Councilman Peterson asked for an update on any architectural
changes. Councilwoman Tjornhom asked if life cycle housing had been addressed. Mayor
Furlong asked for clarification of condition number 2 which speaks about the AUAR cost and if
it included the additional cost or additional analysis that was conducted on this property as part
of the AUAR. Condition 25 which talks about hook up charges for sanitary sewer and
watermain, when those charges take effect. Condition 33 with regard to the private trail north of
Block 1. It says be carefully planned to allow convenient access. Would it be beneficial to have
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City Council Summary – August 8, 2005
that be planned subject to staff approval? Condition 60, preferring dedication versus
conservation easement on Outlots A and B. The need for a condition regarding the location of
the connector street relative to this property. The applicant, Kevin Clark with Town and
Country Homes along with his development team of Ed Hasek, Senior Landscape Architect with
Westwood Professional Services and Mary Ranum with Fredrickson and Byron requested
preliminary plat approval for their plan which represents 446 multi family units stating their
agreement with the staff’s report and recommendations. He believes they have respectfully
addressed all the concerns that have been noted since the beginning of this process, including
protecting natural resources, elevating the architecture, accommodating public infrastructure
improvements, and enhancing the community at large. A few of the items that have been refined
include meeting all the Bluff Creek Overlay District requirements, establishing a grading plan
that fits the existing topography, and adjusting the plan to accommodate the alignment of the
main collector road. Mayor Furlong asked about a time line for the beginning of construction
and projected completion date. Mayor Furlong opened the meeting for public comment. Rick
Dorsey, 1551 Lyman Boulevard expressed concern again with coordination of this development
with the rest of what will be coming on line in the area, the closeness of the units and giving a
feeling of open space, and clarification on water quality fees based on acreage. After council
discussion regarding the layout of the units, uniqueness and replacement of industrial land in the
city, the following motion was made.
Councilman Lundquist moved, Councilman Labatt seconded that the City Council table
the request for rezoning from A2 to PUD-R, site plan review with subdivision of 6 blocks
and 69 buildings including 446 units, 3 Outlots A, B & C which represent the Overlay District
and 7 common lots of 91.02 acres, conditional uses for the development in the Bluff Creek
Overlay District and alteration of the Flood Plain and a Wetland Alteration Permit,
Liberty on Bluff Creek, Planning Case No. 05-11. All voted in favor and the motion
carried unanimously with a vote of 5 to 0.
CONCEPT PLANNED UNIT DEVELOPMENT ON PROPERTY LOCATED AT 1600
PIONEER TRAIL; PETERSON BLUFF; J. EDWIN CHADWICK, LLC; PLANNING
CASE NO. 04-20.
Kate Aanenson presented the staff report and Planning Commission update on this item.
Councilman Lundquist asked for clarification on the current zoning. Mayor Furlong asked that
the road connections be clarified. John Chadwick, 11430 Zion Circle, speaking on behalf of the
Peterson family presented the plat and explained their reason for requesting residential versus
industrial. He expressed concern with condition 1 which states that any land use to residential
shall be based on another property requesting industrial land use within the 2005 AUAR.
Councilman Lundquist and Councilman Peterson expressed concern about trading industrial land
for residential without replacing industrial somewhere else in the city. Councilwoman Tjornhom
and Councilman Labatt felt this is a good location for residential. The Council discussed
whether to keep condition 1. Councilman Peterson suggested that the council hold a discussion
about the impacts of removing industrial land.
Councilman Labatt moved, Councilwoman Tjornhom seconded that the City Council
approve the Concept PUD with the following conditions:
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City Council Summary – August 8, 2005
1.Implementation of the AUAR recommendations.
2.The preliminary plat plans must incorporate the updated alignment of the east-west collector
street and the proposed roundabout.
3.Turn lane requirements and the typical street section shown in preliminary plans must be
consistent with the “2005 MUSA Area Expansion Improvements Feasibility Report”
recommendations.
4.A preliminary utility plan must be submitted with the preliminary plans and must comply
with the trunk sanitary sewer and watermain design shown in the “2005 MUSA Area
Expansion Improvements Feasibility Report”.
5.A pressure reducing valve is required within the development and must be shown on the
preliminary utility plan.
6.The preliminary utility plan must include lateral storm sewer to service the proposed
development.
7.The developer’s engineer must work with Town & Country’s engineer to minimize the
amount and/or height of retaining walls to the maximum extent possible.
8.The attached single-family townhome buildings are required to be protected with an
automatic sprinkler system if they are over 8,500 sq. ft. in floor area. For the purposes of this
requirement property lines do not constitute separate buildings and the area of basements and
garages is included in the floor area threshold.
9.Walls and projections within 3 feet of property lines are required to be of one-hour fire-
resistive construction.
10.Each unit/lot must be provided with separate utility services.
11.Complete proposed site, grading and utility plans must be submitted to determine more
detailed requirements.
12.The City will be seeking park fees in lieu of land dedication on the Peterson parcel.
13.A report documenting the delineation of jurisdictional wetlands in accordance with the 1987
Corps of Engineers Wetlands Delineation Manual must be submitted to the City.
14.A wetland buffer 16.5 to 20 feet in width (with a minimum average of 16.5 feet) must be
maintained around all Ag/Urban wetlands. A wetland buffer 20 to 30 feet in width (with a
minimum average of 20 feet) must be maintained around all Natural wetlands.
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City Council Summary – August 8, 2005
15.Wetland buffer areas should be preserved, surveyed and staked in accordance with the City’s
wetland ordinance. The applicant must install wetland buffer edge signs, under the direction of
City staff, before construction begins and must pay the City $20 per sign.
16.All structures must be set back 40 feet from the edge of the wetland buffer. The wetland buffer
setback should be shown on the plans.
17.Any areas on the property that meet the City’s criteria for bluffs (i.e., slope greater than or
equal to 30% and a rise in slope of at least 25 feet above the toe) must be shown on the plans
and preserved. In addition, all structures must maintain a 30-foot setback from the bluff and
no grading may occur within the bluff impact zone (i.e., the bluff and land located within 20
feet from the top of a bluff).
18.The primary corridor boundary and the 40-foot setback from the primary corridor are not
shown on the plans. The plans should be revised to show the primary corridor and the
setback.
19.No alterations are allowed within the primary corridor or within the first 20 feet of the
setback from the primary corridor. All structures must meet the 40-foot setback from the
primary corridor.
20.Based on the existing canopy coverage for the site, the developer will need to meet
minimum planting requirements.
21.Bufferyard planting will be required along the south and west property lines.
22.Landscaping for the attached housing area should include native species for overstory and
foundation plantings as well as non-native, ornamental selections.
23.Large groupings of materials will help extend the natural areas into the developed sites and
create privacy for residents.
24.A strong, boulevard tree planting element is recommended within the development and
required along any collector roads.
25.The development should establish viewsheds to be preserved as part of the development.”
All voted in favor, except Councilman Lundquist who opposed and the motion carried with
a vote of 4 to 1.
AWARD OF CONTRACT FOR THE EAST WATER TREATMENT PLANT, PROJECT
04-08.
Paul Oehme provided background information on this project. Jim Norton with SEH reviewed
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his letter dated July 26 which outlined the engineer’s estimate and bidding process. SEH
recommended that the construction of the east water treatment plant, City Project No. 04-08 be
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City Council Summary – August 8, 2005
awarded to Madsen-Johnson Corporation in the amount of $10,684,847.00. Mayor Furlong
asked staff to comment on the financial effect of awarding this bid relative to the city’s rate
study. Councilman Lundquist asked staff to do a background check with Dunn & Bradstreet on
the contractor before proceeding and asked staff to work with SEH and Madsen-Johnson to look
for some opportunities in scope reduction, cost savings.
Resolution#2005-66: Councilman Lundquist moved, Councilman Labatt seconded that the
City Council approve a construction contract with Madsen-Johnson Corporation in the
amount of $10,684,847.00 contingent upon the City Attorney conducting a satisfactory
background investigation by Dunn & Bradstreet. All voted in favor and the motion carried
unanimously with a vote of 5 to 0.
COUNCIL PRESENTATIONS:
Councilman Lundquist publicly thanked Sergeant Olson,
Beth Hoiseth and Sheriff’s office and anyone else who helped out in the planning of the National
Night Out.
ADMINISTRATIVE PRESENTATIONS:
Todd Gerhardt invited City Council and any
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interested public to attend the Highway 212 ground breaking ceremony on August 20 from
11:00 a.m. to 2:00 p.m. at the Pioneer Ridge Freshman Center in Chaska.
CORRESPONDENCE DISCUSSION:
None.
Councilman Lundquist moved, Mayor Furlong seconded to adjourn the meeting. All voted
in favor and the motion carried. The City Council meeting was adjourned at 12:15 a.m..
Submitted by Todd Gerhardt
City Manager
Prepared by Nann Opheim
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