SUM 2005 09 29
CHANHASSEN CITY COUNCIL
REGULAR MEETING
SUMMARY MINUTES
SEPTEMBER 29, 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, Councilwoman Tjornhom, Councilman
Peterson, Councilman Labatt and Councilman Lundquist
STAFF PRESENT:
Todd Gerhardt, Justin Miller, Roger Knutson, Bob Generous, Paul Oehme,
and Todd Hoffman
PUBLIC PRESENT FOR ALL ITEMS:
Danny DeHoyos 921 Bluff Pass South
Chad Varner 2438 Hunter Drive
Daniel Knighton 17087 Hanover Lane, Eden Prairie
Joseph Pittsley 8218 Hillside Drive, Eden Prairie
Tyler Hokanson 2188 Grimm Road, Chaska
Richard, Jeffrey & Robbie Lyman 2441 Clover Field Drive, Chaska
Brendon Harris 18654 Vogel Farm Trail, Chaska
Micah Baird 9648 Jonathon Lane, Eden Prairie
Debbie Lloyd 7302 Laredo Drive
Janet & Jerry Paulsen 7305 Laredo Drive
Shayne Eyre 1100 Lake Susan Drive
PUBLIC ANNOUNCEMENTS:
Mayor Furlong introduced Boy Scout Troop #296 who were
in attendance for their citizenship in the community badge.
CONSENT AGENDA: Councilman Peterson moved, Councilwoman Tjornhom seconded
to approve the following consent agenda items pursuant to the City Manager’s
recommendations:
a. Approval of Minutes:
-City Council Work Session Minutes dated September 12, 2005
-City Council Verbatim & Summary Minutes dated September 12, 2005
Receive Commission Minutes:
-Planning Commission Verbatim & Summary Minutes dated September 6, 2005
Resolution#2005-79:
b. Call Assessment Hearing for TH 312/212 Improvements, Project
Numbers 03-09, 04-05, 04-06.
City Council Summary – September 29, 2005
Resolution#2005-80:
c. Call Assessment Hearing for 2005 MUSA Improvements, Phase I,
Project 04-05.
e. Approval of Registered Land Surveys for:
Resolution#2005-81:
Lot 6, Block 1, Christmas Acres, Subdivision #05-02.
Resolution#2005-82:
860, 890 and 910 Pleasant View Road, Subdivision #05-09.
f. Approval of Amendment to City Code Relating to the Disposal of Unclaimed Property,
including Summary Ordinance for Publication Purposes.
g. Approval of City Code Amendment to Chapter 6, Article III Concerning Watercraft
Operating Regulations.
h. Approval of Reassignment of Landscaping Requirements, Highlands at Bluff Creek.
j. Chanhassen West Business Park:
1) Approval of Final Plat.
Resolution#2005-82A:
2) Approval of Plans & Specifications and Development
Contract.
Resolution#2005-83:
k. Order Preparation of Feasibility Report for 2006 Street
Improvements, Project 06-01.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
Rick Dorsey asked that item 1(d) be pulled for discussion. Mayor Furlong stated the item would
be discussed after new business.
VISITOR PRESENTATION:
Janet Paulsen asked to address the Harvieux subdivision.
LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE.
Sgt. Jim Olson presented the
Sheriff’s Office area report, citation list and Community Service Officer report for the month of
August. Mayor Furlong asked Sergeant Olson to elaborate on their effort to crack down on
improper passing, specifically along Lake Lucy Road and Powers Boulevard. Sergeant Olson
informed the council that Retired Carver County Canine, Titan died today at the age of 11 and
recapped his accomplishments. Chief Gregg Geske invited the council and public to the Fire
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Department’s Open House on Sunday, October 16 from 1:00 to 4:00 p.m.. He reported that the
fire department has been busy over the past month mostly with weather related calls.
PUBLIC HEARING: CONSIDER VATION OF ROADWAY EASEMENT, 2040
OAKWOOD RIDGE, FILE 05-03.
Public Present:
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City Council Summary – September 29, 2005
Name Address
Tom & Karrie Perrier 2040 Oakwood Ridge
Jay Peterson 8216 Stone Creek Drive
Paul Oehme presented the staff report, noting that the recommendation from staff is a request for
a 30 foot easement, not the entire 60 foot easement. Mayor Furlong asked for clarification on
what will happen to the other 30 feet of the easement. Mayor Furlong opened the public hearing.
Jay Peterson, 8216 Stone Creek Drive stated his concerned that development could influence the
way things look in the future such as the beautiful forests and wildlife. The applicant, Tom
Perrier discussed his plans for development on his site. Mayor Furlong closed the public
hearing.
Resolution#2005-84: Councilman Lundquist moved, Councilman Labatt seconded that the
City Council approve a resolution vacating the 60 foot roadway easement located along the
property line between Lots 7 and 8, Block 2, Timberwood Estates Addition. All voted in
favor and the motion carried unanimously with a vote of 5 to 0.
AMERICANA COMMUNITY BANK, 600 MARKET STREET, SUITE 100, REQUEST
FOR A VARIANCE TO PLACE A SIGN ON A CANOPY, PLANNING CASE 05-28.
Bob Generous presented the staff report and Planning Commission update on this item. Mayor
Furlong asked for clarification on what signage is allowed for other tenants in the building. Paul
Punt with Attracta Signs presented the variance request and showed pictures of views from West
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78 Street and Market Boulevard. Mayor Furlong asked about the bank’s plans for painted
signage in the windows and then invited the public to comment. No one spoke. After council
discussion the following motion was made.
Councilman Peterson moved, Councilwoman Tjornhom seconded that the City Council
denies Variance #05-28 for a request for relief from the city’s ordinances in order to place a
non-illuminated sign on a bank drive thru canopy without street frontage based on the
findings of fact in the staff report and the following:
1. The applicant has not demonstrated a hardship to warrant a variance.
2. The applicant has adequate signage.
All voted in favor, except Councilman Lundquist and Councilman Labatt who opposed,
and the motion carried with a vote of 3 to 2.
HARVIEUX SUBDIVISION, 6605 HORSESHOE CURVE, RONALD HARVIEUX;
REQUEST FOR PRELIMINARY AND FINAL PLAT APPROVAL TO SUBDIVIDE
LOT 2, BLOCK 1, SATHRE ADDITION INTO 3 LOTS WITH VARIANCES,
PLANNING CASE 05-26.
Bob Generous presented the staff report and changes made to the plan since the Planning
Commission meeting. The applicant, Ron Harvieux, 6605 Horseshoe Curve explained the
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City Council Summary – September 29, 2005
changes that were made addressing the issues raised at the Planning Commission. He asked for
clarification on the last sentence in condition number 3 where it says, heavy mixing trucks
should use conveyor pipes to transport cement. Janet Paulsen brought up three issues with this
development. The first that the driveway for Lot 3 is also servicing the neighboring lot.
Number two, to make sure that the table that’s given, it’s understood that the lot area for Lot 2 is
18,422 square feet. The third issue is that you’re creating a new subdivision and creating Lot 3
which shares a driveway with another lot so therefore creating a non-conforming lot which is
against code. Debbie Lloyd, 7302 Laredo Drive suggested it would behoove staff to put accurate
information in the report so it doesn’t lead to confusion. Mayor Furlong closed the public
portion of the hearing and brought the item back to council for discussion and comments. To
Mrs. Lloyd’s point, Councilman Lundquist suggested to amend the staff report to have the
correct calculations and data so the permanent record reflects the correct numbers.
Councilman Peterson moved, Councilman Lundquist seconded that the City Council
approves the preliminary and Resolution#2005-85 for Harvieux Addition with a variance
for the use of flag lots, plans prepared by Demars-Gabriel Land Surveyors, Inc., dated
8/04/05, revised stamped received September 12, 2005, based on the findings of fact
attached to this report and subject to the following conditions:
1. Only trees shown on the preliminary plat as being removed shall be allowed. No trees
are to be removed on Lot 1. Four trees are allowed to be removed on Lot 2. Any other
trees removed shall be replaced at a rate of 2:1 diameter inches.
2. Tree preservation fence shall be installed at the grading/clearing limits prior to any
construction activities and shall remain in place until construction is complete.
3. Detailed grading, drainage, tree removal, and erosion control plans will be required for
Lots 1 and 2 at the time of building permit application. Development of Lot 2 shall
incorporate a single-lane construction entrance covered with wood chips, tree protection
fencing must line the entrance route and a single storage area shall be designated for all
materials. Cement trucks may not be allowed to rinse out on site.
4. The front lot lines for Lots 2 and 3 are the westerly lot lines.
5. If grading will be done, a final grading plan and soils report must be submitted to the
Inspections Division before building permits will be issued.
6. Separate water and sewer services must be provided for each lot. Relocate Lot 1 sanitary
sewer and water services from the northwest off Pleasant View Road to the west off
Horseshoe Curve.
7. Addresses for each home must be posted on Horseshoe Curve and on each home.
8. No burning permits will be issued. Trees must either be chipped or removed from site.
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City Council Summary – September 29, 2005
9. Builder/developer must comply with Chanhassen Fire Department Policy #29-1991
regarding premise identification.
10. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All
exposed soil areas shall have temporary erosion protection or permanent cover year
round, according to the following table of slopes and time frames:
Type of Slope Time
Steeper than 3:1 7 days (Maximum time an area can remain
10:1 to 3:1 14 days open when the area is not actively
Flatter than 10:1 21 days being worked.)
11. Street cleaning of soil tracked onto public streets shall include daily street scraping and
street sweeping as needed.
12. The applicant shall pay for the total SWMP fee, due payable to the City at the time of
final plat recording in the amount of $7,558.00.
13. The developer shall pay full park fees for the two new lots at the time of final plat
recording in the amount of $8,000.
14. Permits from the appropriate regulatory agencies will have to be obtained, including but
not limited to the MPCA, and Watershed District.
15. Tree preservation fencing must be installed at the limits of tree removal.
16. Extend the silt fence to the north along the west side.
17. Add a note to the plan: All sanitary services must be 6 inch PVC-SDR26 and water
service 1 inch copper.
18. If importing or exporting material for development of the site is necessary, the applicant
will be required to supply the city with a detailed haul route and traffic control plan.
19. The sanitary sewer and water hookup charges are applicable for each of the new lots.
The 2005 truck hookup charge is $1,458 for sanitary sewer and $2,955 for watermain.
20. All disturbed areas as a result of construction must be seeded and mulched or sodded
immediately after grading to minimize erosion.
21. Gutters must be installed on the house on Lot 2 and must discharge to the southwest
corner of the lot.
22. Submit a security to ensure that the street cuts are properly restored to city standards.
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City Council Summary – September 29, 2005
23. The applicant should be aware that any retaining wall more than 4 feet in height must be
designed by a structural engineer registered in the State of Minnesota. Also, it will
require a building permit through the City’s Building Department.
24. Cleanouts are required at all bends of the sanitary sewer service or every 90 feet,
whichever is less.
25. A ten foot drainage and utility easement shall be dedicated along the western property
line of Lot 3.
26. A cross access and maintenance agreement shall be recorded over Lot 3 for the benefit of
Lot 46, Pleasant View Addition for the existing driveway.
27. Amend the staff report to have the correct calculations and data so the permanent record
reflects the correct numbers.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
CHANHASSEN WEST BUSINESS PARK: LOT 4, BLOCK 2, CHANHASSEN WEST
BUSINESS PARK, MINGER CONSTRUCTION, REQUEST FOR SITE PLAN
APPROVAL FOR AN OFFICE/WAREHOUSE BUILDING, PLANNING CASE 05-27.
Bob Generous presented the staff report and Planning Commission update on this item.
Councilwoman Tjornhom asked for further clarification on the proposed storage shed. The
applicant, Patrick Minger explained the reasoning behind his request for the storage shed. Mayor
Furlong invited the public to speak. No one spoke and he brought the item back to the council
for discussion and comments. Councilman Lundquist asked for clarification on what was being
required in condition 40 regarding the storage area.
Mayor Furlong moved, Councilman Lundquist seconded to amend the motion to include
condition 41. A fabric storage building is prohibited. All voted in favor and the motion for
the amendment carried unanimously with a vote of 5 to 0.
Councilman Lundquist moved, Councilwoman Tjornhom seconded that the City Council
approves Site Plan, Planning Case #05-27 for a 46,152 square foot office warehouse
building, plans prepared by Schoell and Madson, Inc., dated August 5, 2005, revised
September 12, 2005, subject to the following conditions:
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.The building is required to have an automatic fire extinguishing system.
3.The plans must be prepared and signed by design professionals licensed in the State of
Minnesota.
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City Council Summary – September 29, 2005
4.PIV is required on the building water service.
5.No burning permits will be issued for trees to be removed. Trees and shrubs must either be
removed from site or chipped.
6.Fire apparatus access road and water supply for fire protection is required to be installed.
Such protection shall be installed and made serviceable prior to and during the time of
construction except when approved alternate methods of protection are provided.
7.A fire apparatus access road shall be designed and maintained to support the imposed load of
fire apparatus and shall be serviced so as to provide all weather driving capabilities. Pursuant
to Minnesota Fire Code Section 503.2.3.
8.Temporary street signs shall be installed on street intersections once construction of the new
roadway allows passage of vehicles. Pursuant to 2002 Minnesota Fire code Section 501.4.
9.A 10-foot clear space must be maintained around fire hydrants, i.e., street lamps, trees,
shrubs, bushes, Xcel Energy, Qwest, cable TV and transformer boxes. This is to ensure that
fire hydrants can be quickly located and safely operated by firefighters. Pursuant to
Chanhassen City Ordinance #9-1.
10.An additional fire hydrant will be required in the island off the northeast corner of the
building. Contact Chanhassen Fire Marshal for exact location.
11.Comply with Chanhassen Fire Department/Fire Prevention Policy #29-1991 regarding
premise identification.
12.Revise the lighting plan to incorporate shielded light fixtures. Lighting shall be high-
pressure sodium.
13.Space for recycling shall be provided in the interior of all principal structures or within an
enclosure for each lotdeveloped in the Business Park.
14.All wetland impacts shall be mitigated in accordance with the Wetland Alteration Permit for
Chanhassen West Business Park.
15.All wetlands and proposed mitigation areas shall maintain a 16.5 – 20-foot buffer strip
around the perimeter of the wetlands.
16.Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City’s
wetland ordinance.
17.The applicant shall install wetland buffer edge signs, under the direction of City staff, before
construction begins and must pay the City $20 per sign.
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City Council Summary – September 29, 2005
18.All structures (including parking lots) shall maintain a 40-foot setback from the edge of the
wetland buffer.
19.Silt fence shall be installed along west property edge behind retaining wall near flared end
section to minimize sediment erosion.
20.Silt fence shall be installed outside of wetland buffer edges.
21.The contractor shall use a Wimco or similar catch basin erosion control BMP.
22.All exposed soil areas shall have temporary erosion protection or permanent cover year
round, according to the following table of slopes and time frames:
Type of Slope Time (Maximum time an area can
Steeper than 3:1 7 days remain open when the area
10:1 to 3:1 14 days is not actively being worked.)
Flatter than 10:1 21 days
These areas include constructed storm water management pond side slopes, and any exposed
soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter
system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man
made systems that discharge to a surface water.
23.All erosion control measures shall be installed and maintained in accordance with City, Carver
County Water Resource Management Area and MPCA permit requirements.
24.A NPDES permit will be needed for the site and a completed SWPPP is needed for the site
and should be available at the preconstruction meeting and on site during construction.
25.The contractor shall inspect daily all erosion control measures and perform maintenance on
BMPs as needed or required.
26.The storm water pond on Outlot A shall be constructed prior to or concurrent with the
development of this site. All storm sewer infrastructure between this site and the outlet into the
storm water pond on Outlot A shall be installed prior to or concurrent with this development.
27.The applicant shall increase the number of trees and islands/peninsulas in the parking lot to
meet minimum landscape requirements.
28.Tree protection fencing shall be installed at the grading limits prior to any construction and
remain until construction is completed.
29.The applicant shall locate additional landscaping at the southern end of the property. Native
species shall be used.
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City Council Summary – September 29, 2005
30.The existing swale west of the parking lot shall be filled in to eliminate or reduce the height
of the proposed retaining wall.
31.Retaining walls that exceed four feet in height must be designed by an Engineer registered in
the State of Minnesota and require a building permit.
32.If feasible, the proposed storm sewer west of the parking area shall be eliminated and
rerouted to the storm sewer system to the east.
33.Disturbed areas must be restored to a minimum 3:1 grade.
34.Pipe bollards must be installed around all locations where the pavement grade exceeds 5%.
35.The eastern access to Lot 4 must align with the eastern access to Lot 5. The radius of the
access to Lot 4 must accommodate the turning movement for a small delivery truck.
36.The grey line type shown in the legend should be labeled “by others”, not “existing”.
37.Verify that the storm sewer on the west side of Lot 4 will be constructed with the site plan
improvements for Lot 5 or adjust the line type accordingly.
38.The main drive aisle through the site will be a private street since it serves multiple lots. As
such, the road must be a minimum of 26 feet wide, built to a 9-ton design, and enclosed
within a 40-foot wide private easement. A cross-access easement must be obtained and
recorded before building permit issuance. The developer must submit testing reports
verifying that the driveway is built to a 9-ton design.
39. A sidewalk connection to the public street must be constructed. The sidewalk shall be
installed on the west side of the eastern site access and on the south side of the private drive.
The sidewalk shall include pedestrian ramps at all curbs.
40. A minimum 6 foot high opaque fence shall be included in the landscape island around the
storage area.
41. A fabric storage building is prohibited.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
OLD TOWN PLAZA, AWARD OF BID.
Todd Hoffman reviewed the site plan and presented results from the bidding process for this
project. Councilwoman Tjornhom asked about references for Glacial Ridge, Inc.. Councilman
Lundquist asked for clarification of the bid specifications. Mayor Furlong asked staff to explain
what other improvements are planned for this area.
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City Council Summary – September 29, 2005
Resolution#2005-86: Councilwoman Tjornhom moved, Councilman Lundquist seconded
that the City Council award the bid for the Chanhassen Old Village Hall Plaza project to
Glacial Ridge, Inc. in the amount of $44,932.21. All voted in favor and the motion carried
unanimously with a vote of 5 to 0.
CONSENT AGENDA: AMENDMENT TO THE CITY’S SUBDIVISION ORDINANCE
CONCERNING ARTERIAL AND COLLECTOR ROADWAYS, PROJECT 04-05.
Rick Dorsey, 1551 Lyman Boulevard asked that this item be pulled from the consent agenda to
ask staff to define what the current assessment practice is for arterial and collector roads, how the
cost is divided on Lyman Boulevard east of Powers Boulevard, why at this point in time with the
large percentage of Chanhassen already developed the City is looking to change the ordinance,
and clarification of the 1994 agreement between Carver County, the City of Chaska and the City
of Chanhassen which identifies the cost participation between the 3 agencies, Todd Gerhardt
asked the City Attorney to explain the proposed ordinance amendment. Additionally Mr. Dorsey
asked why the city would prefer collecting a fee versus not waiting until the improvement is
needed and then collect the assessment. He asked the City Council to table this item to study it
in further detail.
Councilman Peterson moved, Councilman Labatt seconded to approve an amendment to
the City’s Subdivision Ordinance Concerning Arterial and Collector Roadways, Project
04-05. All voted in favor and the motion carried unanimously with a vote of 5 to 0.
COUNCIL PRESENTATIONS:
Mayor Furlong updated the council on his State of the City
address to the Chamber of Commerce.
ADMINISTRATIVE PRESENTATIONS:
Todd Gerhardt complimented Mayor Furlong on
his State of the City address and provided an update on the storm clean-up in the city and the
meeting with leaders of cities in School District 276.
CORRESPONDENCE DISCUSSION.
None.
Councilman Lundquist moved, Councilwoman Tjornhom seconded to adjourn the meeting.
All voted in favor and the motion carried unanimously. The meeting was adjourned at
9:00 p.m..
Submitted by Todd Gerhardt
City Manager
Prepared by Nann Opheim
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