CC SUM 2020 07 13CHANHASSEN CITY COUNCIL
REGULAR MEETING
SUMMARY MINUTES
JULY 13, 2020
Mayor Ryan called the meeting to order at 7:00 p.m. The meeting was opened with the
Pledge to the Flag led by Boy Scout Daniel Bozanich.
COUNCIL MEMBERS PRESENT: Mayor Ryan, Councilwoman Tjornhom, Councilman
McDonald, Councilman Campion, and Councilwoman Coleman
STAFF PRESENT: Heather Johnston, Jake Foster, Charlie Howley, Kate Aanenson, Greg
Sticha, Jerry Ruegemer, George Bender, and Roger Knutson
PUBLIC ANNOUNCEMENTS: Mayor Ryan welcomed Interim City Manager Heather
Johnston to her first City of Chanhassen council meeting, and explained that the City Council has
not yet mandated that masks be worn in the city of Chanhassen.
CONSENT AGENDA: Councilman Campion moved, Councilman McDonald seconded to
approve the following consent agenda items pursuant to the City Manager’s
recommendations:
1. Approve City Council Minutes dated June 22, 2020
2. Receive Planning Commission Minutes dated June 16, 2020
3. Receive Economic Development Commission Minutes dated May 12, 2020
4. Resolution #2020-44: No Parking Pioneer Trail for Chaska Mountain Bike Park
5. Resolution #2020-45: Establish New Polling Place Location for the 2020 Elections
6. Award Downtown Pavement Marking Contract
7. Resolution #2020-46: Appoint Election Judges for State Primary and General Elections
and Approve Rates of Pay
8. Award Contract for Lift Station #17 Rehabilitation
9. Resolution #2020-47: Approval of Bond Proceeds Reimbursement
10. Approve City of Chanhassen COVID-19 Preparedness Plan
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All voted in favor and the motion carried unanimously with a vote of 5 to 0.
VISITOR PRESENTATIONS: DANIEL BOZANICH CITIZEN ACTION REQUEST.
Daniel Bozanich from Boy Scout Troop 347 in Eden Prairie, Minnesota outlined the plan for his
Eagle Project which is to install a solar light at the top of the flag pole at Chapel Hill Academy.
Richard Hamblin, 340 Sinnen Circle started discussing the street projects before Mayor Ryan
stated she would give him a chance to talk during the street assessment public hearing.
APPROVE A REQUEST FOR VARIANCES TO PERMIT CONSTRUCTION OF A
BUILDING ON AN OUTLOT AND FROM THE STANDARDS GOVERNING WATER
ORIENTED STRUCTURES AT 3920 WHITE OAK LANE.
Kate Aanenson presented the staff report and Planning Commission update on this item. The
applicant Chad Lundeen, 3920 White Oak Lane addressed questions related to the use, size and
need for a storage unit on the outlot.
Councilman Campion moved, Councilman McDonald seconded that the Chanhassen City
Council approves a variance to permit a building to be constructed on an outlot, approves
a variance for a second water oriented accessory structure, and approves the variance
request to exceed the 250 square foot water oriented accessory structure size limit, subject
to the following conditions of approval and adopts the attached Findings of Fact and
Decisions:
1. No trees, shrubs, or native vegetation shall be allowed to be cleared for the grading or
construction of the building.
2. The applicant must apply for and receive a zoning permit.
3. The installation of the shed shall not encroach into any recorded drainage and utility
easement associated with the outlot.
4. The combined area of both water oriented accessory structures may exceed 250 square
feet.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
APPROVE REVISED PRELIMINARY PLAT AND AMENDMENT TO THE AVIENDA
PUD.
Kate Aanenson presented the staff report and Planning Commission update on this item. Mayor
Ryan asked about screening on the south side of the development .
Councilman McDonald moved, Councilwoman Tjornhom seconded that the City
Council approves the following:
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PUD
The City Council approve the Rezoning of 118+/- acres, from Agricultural Estate District, A-2,
to PUD Regional Commercial including “Exhibit A Avienda Design Standards”.
SUBDIVISION
The City Council approve the amended Subdivision Preliminary Plat creating 19 lots, 3 outlots
and dedication of public right-of-way, plans prepared by Landform dated May 1, 2020, subject to
the following conditions:
Engineering
1. If subsequent phases require retaining walls they shall be privately owned and
maintained.
2. 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.
3. The applicant shall show the road profiles and a horizontal alignment table in the plan set
for all public roads prior to final plat.
4. The public roads constructed with this development are: Bluff Creek Boulevard,
Avie nda Parkway, Sunset Trail and Mills Drive. All other roads and drives constructed
with this development will be privately owned and maintained.
5. 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.
6. Staff recommends the applicant add traffic calming measures to Avienda Parkway near
the residential areas of development. Specifically, the applicant shall incorporate
pedestrian-friendly crossing features to the intersection at Mills Drive and Avienda
Parkway.
7. Trails and pedestrian walks not located within public right-of-way shall be privately
owned and maintained.
8. ADA-compliant pedestrian ramps shall be constructed at all intersections and median
refuges per the MnDOT standard details.
9. Sanitary and water main structures shall not be located within landscaped medians or
roundabouts. Final review of the location of sanitary sewer mains and water mains, and
their appurtenances, will be conducted prior to final plat and/or permitting.
10. All sanitary and water mains constructed within the right-of-way shall be publically
owned and maintained.
11. Private sanitary and water mains shall inspected and constructed to meet the city’s
requirements for public utilities.
12. The developer will be required to complete the water main loop along Lyman Boulevard.
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13. Permanent stormwater management controls and the associated permits are required in
accordance with all underlying jurisdictional authorities, including but not limited to the
Riley Purgatory Bluff Creek Watershed District, prior to construction activities.
14. The applicant must provide a figure clearly identifying the areas to be irrigated with areas
quantified, which is not included in the current plans.
15. The portion of the development with single-family housing must pay a water and sanitary
service partial hook-up fee at a rate in place at the time of replat. The remaining hook-up
fees would be paid with the building permits.
16. 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.
17. The developer shall adhere to all conditions and comments associated with the Carver
County’s review memos (dated May 9, 2018 and May 21, 2020), including to escrow any
required funds for the installation or improvement of traffic signals as required by Carver
County.
18. 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.).
19. A drainage and utility easement shall be placed over any outlots.
20. The developer shall dedicate the Conservation Easement containing the Bluff Creek Primary
Zone to the city.
Landscaping
1. Parking lot islands shall be linear areas incorporating planting area and stormwater
management.
2. If the applicant chooses to install the minimum requirement sizes of parking lot
landscaping islands, then silva cells, engineered soil or other accommodations must be
used.
3. 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.
4. A reuse watering system should be considered to irrigate all plantings within the site.
5. Drought tolerant plants shall be incorporate into the overall landscape plan.
6. Proposed landscaping plant materials shall be selected based on site conditions.
7. 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.
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8. Any landscaping located within the ROW shall be covered by an encroachment and
maintenance agreement.
Park and Trail
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. A final grading plan and soils report must be submitted to the Inspections Division before
permits can be issued.
3. Retaining walls over 4 feet high require a building permit and must be designed by a
professional engineer.
4. Building plans must be prepared and signed by design professionals licensed in the State of
Minnesota.
5. Building plans (when submitted) must include a code analysis that contains the following
information: Key Plan, Occupancy Group, Type of Construction, Allowable Height and
Area, Fire Sprinklers, Separated or Non-Separated, Fire Resistive Elements (Exterior walls,
Bearing walls - exterior or interior, Shaft, Incidental Use), Occupant Load, Exits Required
(Common Path, Travel distance), Minimum Plumbing Fixture Count.
6. Detailed occupancy related requirements will be addressed when complete building plans are
submitted.
7. Structure proximity to property lines (and other buildings) will have an impact on the Code
requirements for the proposed building, including but not limited to allowable size, protected
openings and fire-resistive construction. These requirements will be addressed when
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complete building and site plans are submitted.
8. Every building, containing any plumbing fixtures and/or receptors, must have its own
independent connection with a public or private sewer, except that a group of buildings may
be connected to one or more manholes which are constructed on the premises and connected
to a public or private sewer. (MSPC 713.0)
9. The developer must submit a list of proposed street names for review and approval prior to
final plat of the property.
Fire Department Comments
At the time of site plan, review the design for the private street, adjacent to the preservation area
that accesses the Senior Housing and Townhouses needs to accommodate for emergency
apparatus.
Conditional Use Permit
The Conditional Use Permit was already approved and will be reaffirmed with the revised
preliminary plat with City Council approvals.
The Chanhassen Planning Commission recommends that City Council approve the Conditional
Use Permit to encroach into the Primary Zone and requ ired buffer for the construction of Bluff
Creek Boulevard subject to conditions in the staff report:
1. The developer shall dedicate the Conservation Easement containing the Bluff Creek Primary
Zone to the city.
2. The developer shall provide the city with a management plan 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.
Wetland Alteration Permit
The Wetland Alteration Permit was already approved will be reaffirmed with the revised
preliminary plat with City Council approvals.
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The Chanhassen City Council approve the Wetland Alteration Permit to 4.4659 acres of
permanent wetland impacts subject to conditions:
1. 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.
2. A Technical Evaluation Panel (TEP) meeting is needed to review the application.
3. 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.
4. City staff has reviewed mitigation options. City staff recommends the applicant provide
wetland mitigation via the purchase of wetland bank credits at a rate of 2:1, in accordance
with WCA requirements. This condition has been met - see attachment.
5. The applicant shall contribute $300,000 to the city for water quality improvement
projects within the watershed.
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.
CONDUCT PUBLIC HEARING, ADOPT ASSESSMENT ROLL, AND AWARD
CONSTRUCTION CONTRACT FOR LAKE LUCY ROAD REHABILITATION
PROJECT.
Charlie Howley presented the staff report on this item. Mayor Ryan opened the public hearing.
No one spoke and the public hearing was closed. Mayor Ryan reviewed the discussion held in
the work session regarding the decrease in Municipal State Aid funding from the State of
Minnesota.
Councilman McDonald moved, Councilman Campion seconded that the City Council table
adopting the assessment roll and awarding the construction contract for Lake Lucy Road
Rehabilitation Project for two weeks. All voted in favor and the motion carried
unanimously with a vote of 5 to 0.
CONDUCT PUBLIC HEARING, ADOPT ASSESSMENT ROLL, AND AWARD
CONSTRUCTION CONTRACT FOR 2020 STREET REHABILITATION PROJECT.
Charlie Howley presented the staff report on this item. Mayor Ryan opened the public hearing.
Richard Hamblin, 340 Sinnen Circle, which is off of Marsh Drive, suggested the council delay
doing the project on Marsh Drive. Robert Myers, 8131 Dakota Lane discussed that it is poor
timing to assess people during the Coronavirus outbreak with people losing their jobs and the
State’s budget being severely impacted. Karen Klinsing, 8090 Hidden Court stated that if the
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City is looking to save money Hidden Court could easily be postponed for 1 to 3 years. Joel
Matthews, 8081 Hidden Circle called in to state his support for going forward with the project on
Marsh Drive. Jay Beaudry, 89 Cascade Circle submitted an email officially objecting to the
Trappers Pass project and assessment. Mayor Ryan closed the public hearing.
Councilman McDonald moved, Councilman Campion seconded that the City Council
tables adopting the assessment roll and awarding the construction project for the 2020
Street Rehabilitation Project No. 20-05 for two weeks. All voted in favor and the motion
carried unanimously with a vote of 5 to 0.
COUNCIL PRESENTATIONS. Councilman McDonald provided an update on Southwest
Transit. Mayor Ryan thanked the council, staff, fire department, sheriff’s office and Rotary for
their support in the 4th of July celebration.
ADMINISTRATIVE PRESENTATIONS. None.
CORRESPONDENCE DISCUSSION. None.
Councilwoman Tjornhom 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 8:20 p.m.
Submitted by Heather Johnston
Interim City Manager
Prepared by Nann Opheim