SUM 2005 10 10
CHANHASSEN CITY COUNCIL
REGULAR MEETING
SUMMARY MINUTES
OCTOBER 10, 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 Labatt, Councilwoman
Tjornhom, Councilman Peterson and Councilman Lundquist
STAFF PRESENT:
Todd Gerhardt, Roger Knutson, Justin Miller, Paul Oehme, Greg Sticha,
and Kate Aanenson
PUBLIC ANNOUNCEMENTS:
None.
CONSENT AGENDA:Councilman Lundquist moved, Councilman Labatt seconded that
the City Council approve the following consent agenda items pursuant to the City
Manager’s recommendations:
a. Approval of Minutes.
b. Approval of Request for an Off-Sale 3.2 Beer License, Cub Foods, 7900 Market
Boulevard.
Resolution#2005-87:
c. Approval of Resolution Authorizing the Sale of Water Revenue
Resolution#2005-88:
Bonds, and Approval of Resolution Authorizing the Sale of
Refunding Park Bonds.
e. Approval of an Off-Premise Directional Sign to Direct Traffic into the Park Nicollet
Clinic and American Legion Site.
f. Approval of Amendment to Chapter 10 of City Code, Eliminating the Limit on the
Number of Off-Sale Liquor Licenses Allowed in the City.
g. Approval of Amendment to Hidden Creek Meadows Development Contract.
h. Approval of Addendum to Chanhassen West Business Park Development Contract as
amended.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
City Council Summary – October 10, 2005
D. APPROVAL OF 2006 POLICE CONTRACT WITH CARVER COUNTY
SHERIFF’S DEPARTMENT.
Councilman Lundquist asked that this item be tabled for 2 weeks to collect additional
information.
Councilman Lundquist moved, Councilwoman Tjornhom seconded to table approval of the
2006 Police Contract with the Carver County Sheriff’s Department. All voted in favor and
the motion carried unanimously with a vote of 5 to 0.
VISITOR PRESENTATIONS:
None.
TH
PUBLIC HEARING: CENTURY WINE & SPIRITS, 2695 WEST 78 STREET,
REQUEST FOR AN OFF-SALE INTOXICATING LIQUOR LICENSE.
Public Present:
Name Address
Dan Herbst 7640 Crimson Bay
Ron Clark 5716 Long Brake Tr, Edina
Jim Paulsen 8629 So, Falling, Victoria
Mark Bollio 1873 Whiteoak Drive, Chaska
Craig Alshouse 1300 Willowbrook, Wayzata
Tara Clawson 18909 Explorer Tr, Eden Prairie
Justin Miller presented the staff report on this item. Mayor Furlong informed the council that
Karen Engelhardt had received a phone call from a resident who could not be at the meeting and
sent along his comments to the council to be made part of the public record. Mayor Furlong
opened the public hearing. Asim Syed, 2766 Century Circle expressed concern about the
possibility of the crime rate going up with a wine store opening next door to his home. Craig
Alshouse who built and owns the building next to this proposed store expressed his support for
this request. Ron Clark, the developer of the property, explained why it has taken so long to get
a liquor store at this site. Mayor Furlong closed the public hearing.
Councilman Peterson moved, Councilman Labatt seconded that the City Council approve
the off-sale liquor license requested by Century Wine and Spirits, LLC contingent upon
receipt of the liquor liability insurance certificate and license fee. The license will not be
issued until a Certificate of Occupancy has been issued for the space. All voted in favor
and the motion carried unanimously with a vote of 5 to 0.
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City Council Summary – October 10, 2005
PUBLIC HEARING: FOOD FOR THE JOURNEY dba JACOBS TAVERN, 7845
CENTURY BOULEVARD, REQUEST FOR AN ON SALE INTOXICATING LIQUOR
LICENSE.
Public Present:
Name Address
Craig Alshouse 1300 Willowbrook, Wayzata
John C. & Joan Howe-Pullis 1385 Wildflower Lane, Chaska
Justin Miller presented the staff report on this item. Councilman Lundquist asked for
clarification of the contingencies in the motion.
Councilman Lundquist moved, Councilman Peterson seconded that the City Council
approves the request from Food for the Journey, LLC dba Jacob’s Tavern for an on-sale
intoxicating liquor license contingent upon the restaurant receiving site plan approval and
a Certificate of Occupancy. Additionally, staff will work with the applicant to provide an
insurance certificate and license fee prior to the restaurant opening. A background
investigation will be completed on the operating manager once designated. A license will
not be issued until all of the conditions are satisfied. All voted in favor and the motion
carried unanimously with a vote of 5 to 0.
LIBERTY ON BLUFF CREEK, TOWN & COUNTRY HOMES, EAST OF AUDUBON
ROAD, SOUTH OF LYMAN BOULEVARD AND NORTH OF PIONEER TRAIL,
PLANNING CASE 05-11:
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REQUEST FOR REZONING OF THE PROPERTY FROM A-2 TO PUD-R;
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SUBDIVISION WITH VARIANCES OF APPROXIMATELY 91 ACRES INTO 84
LOTS, 3 OUTLOTS, AND PUBLIC RIGHT-OF-WAY;
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SITE PLAN APPROVAL FOR 444 TOWNHOUSE UNITS;
?
WETLAND ALTERATION PERMIT;
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CONDITIONAL USE PERMIT FOR DEVELOPMENT WITHIN THE BLUFF
CREEK OVERLAY DISTRICT AND FOR ALTERATION TO A FLOOD PLAIN.
Public Present:
Name Address
Shawn Siders Town and Country Homes
Kevin Clark Town and Country Homes
Rick Janssen Town and Country Homes
Jeff Fox 5270 Howards Point Road, Excelsior
Rick Dorsey 1551 Lyman Boulevard
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City Council Summary – October 10, 2005
Kate Aanenson presented the staff report and update since the last meeting with council. Kevin
Clark presented a summary of the changes that have occurred since that meeting. Mayor
Furlong asked the applicant to elaborate on the architectural changes made to the Premiere style
townhomes and asked that more work be done on the rear elevations between now and final plat.
Councilman Lundquist asked the City Manager to explain the general revenue generation from a
development such as this with this kind of density versus office industrial. After council
discussion the following motion was made.
Councilman Labatt moved, Councilman Lundquist seconded that the City Council approve
the request for rezoning from A2 to PUD-R; site plan review with subdivision of 6 blocks
and 69 buildings including 444 units, 3 Outlots (A & B which represent the Overlay District,
and C which is the association pool), 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, as stated below and as shown on the site plan and
construction plans dated 9-06-05, subject to the following conditions:
Planning Recommended Conditions of Approval
1.Provide design plan that shows the color and architectural detail for each unit on the site.
2.The assessment for the AUAR will be paid at the time of plat recording. The assessment
amount, based on gross acreage of 15.5 %, plus wetland delineation and cultural resources
inventory is $22,709.00.
Engineering Recommended Conditions of Approval
3.The final plat can not be presented to City Council for approval until City Project 04-05 is
awarded.
4.Before site grading commences, the three existing buildings on the property must be razed.
5.On-street parking may be used to satisfy the parking requirement with the following
stipulations:
On-street parking is prohibited between November 1 and April 1 between the hours of 1:00
a.m. and 7:00 a.m., consistent with Section 12-16 of the City Code: Winter Parking
Regulations. Credit for on-street parking is not allowed along the curve of the public streets.
6.The developer’s engineer must work with Peterson’s Bluff’s engineer to ensure that the
proposed grading on each property matches at the property line and to eliminate and/or
decrease the height of retaining walls to the maximum extent possible.
7.Ground slopes shall not exceed 3H:1V.
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City Council Summary – October 10, 2005
8.The final grading plan must show the proposed top and bottom of wall elevations for all
retaining walls.
9.Retaining walls over four feet high must be designed by a Structural Engineer registered in
the State of Minnesota and require a building permit.
10.The existing driveway at Audubon Road must be removed.
11.All of the ponds are required to be designed to National Urban Runoff Program (NURP)
standards with maximum 3:1 slopes and a 10:1 bench at the NWL.
12. The lowest floor elevation of all buildings must beat least three feet above the HWL of the
adjacent ponds.
13.The last public storm water structure that is road-accessible prior to discharging to a water
body must have a 3-foot sump.
14.The applicant shall include a drain tile system behind the curbs to convey sump pump
discharge from homes not adjacent to ponds.
15.The style of home and lowest floor elevation must be noted on the final grading plan.
16.Blanket drainage and utility easements are required over all common lots; however, the
following storm sewer segments shall be owned and maintained by the homeowners
association:
a.Northeast and west of Lot 5, Block 1.
b.Within the private cul de sac to Lots 1-4, Block 3.
c.The connection between the private drives to Lots 9, 10, 11 and 12 Block 1 and the
public lateral within Street A.
d.The connection between the private cul de sac to Lots 1-4, Block 3 and the public
lateral within Street D.
e.East of Lot 7, Block 4.
f.Northof Lots 11-13, Block 5.
g.West of and between Lots 2 and 3, Block 6.
17.The plat must be signed by a Land Surveyor registered in the State of Minnesota.
18.A minimum 75-foot long rock construction entrance must be shown on the plans.
19.Tree preservation fencing must be installed at the limits of tree removal.
20.An easement is required from the appropriate property owner for any off-site grading.
21.If importing or exporting material for development of the site is necessary, the applicant will
be required to supply the City with detailed haul routes.
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City Council Summary – October 10, 2005
22.Utility services for the buildings must be shown on the final utility plan. Sanitary services
must be 6-inch PVC and water service must be 1-inch copper, Type K.
23.Each new lot is subject to the sanitary sewer and water hookup charges. The 2005 trunk
hookup charge is $1,458 for sanitary sewer and $2,955 for watermain. Sanitary sewer and
watermain hookup fees may be specially assessed against the parcel at the time of building
permit issuance. All of these charges are based on the number of SAC units assigned by the
Met Council and are due at the time of building permit issuance.
24.Upon project completion, the developer must submit inspection/soil reports certifying that
the private streets were built to a 7-ton design.
25.All of the utility improvements are required to be constructed in accordance with the City's
latest edition of Standard Specifications and Detail Plates. The applicant is also required to
enter into a development contract with the City and supply the necessary financial security in
the form of a letter of credit or cash escrow to guarantee installation of the improvements and
the conditions of final plat approval. The applicant must be aware that all public utility
improvements will require a preconstruction meeting before building permit issuance.
26.Permits from the appropriate regulatory agencies will be required prior to construction,
including but not limited to MPCA, Department of Health, Carver County and Watershed
District.
27.The benchmark used to complete the site survey must be shown on the grading plan.
28.Intersection neckdowns are limited to public street intersections only.
Park and Recreation Recommended Conditions of Approval
29.Full park dedication fees shall be collected per city ordinance in lieu of requiring parkland
dedication.
30.The trails on both the north and south sides of collector road “A” are widened to 10 feet.
31.The internal or private trail north of Block 1 be designed subject to staff approval to allow
convenient access to the Bluff Creek Corridor.
32.Other internal or private trails connecting residents to amenities within the PUD be enhanced.
Wetland Alteration Permit Recommended Conditions of Approval
33.Wetland replacement shall occur in a manner consistent with the Minnesota Wetland
Conservation Act (MR 8420).
34.The applicant shall work with staff to address comments received from the reviewing
agencies, including conducting MnRAMs for impacted and replacement wetlands for use in
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City Council Summary – October 10, 2005
sequencing flexibility for impacts on wetlands A, D, E, J and L. Details regarding the
stabilization of areas upslope of mitigation area M2 shall be included in the replacement
plan. More detailed plans for mitigation areas M1 and M2, including cross-sections, shall be
submitted. The applicant shall consider restorations of wetlands A, F and G for new wetland
credit. The applicant must receive approval of a wetland replacement plan prior to or
concurrent with final plat approval and prior to wetland impacts occurring.
35.A five-year wetland replacement monitoring plan shall be submitted. The replacement
monitoring plan shall include a detailed management plan for invasive non-native species,
particularly hybrid cattail, purple loosestrife and reed canary grass. The plans shall show
fixed photo monitoring points for the replacement wetland. The applicant shall provide proof
of recording of a Declaration of Restrictions and Covenants for Replacement Wetland.
36.A wetland buffer 16.5 to 20 feet in width (with a minimum average of 16.5 feet) shall be
maintained around all wetlands, with the exception of Basin C. A wetland buffer 20 to 30
feet in width (with a minimum average of 20 feet) shall be maintained around Basin C.
Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City’s
wetland ordinance. 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.
37.All structures shall be set back 40 feet from the edge of the wetland buffer. The wetland buffer
setback should be shown on the plans.
38.The applicant shall submit a letter of credit equal to 110% of the cost of the wetland creation
(including grading and seeding) to ensure the design standards for the replacement wetland
are met. The letter of credit shall be effective for no less than five years from the date of
final plat approval. The applicant shall submit a cost estimate for wetland creation (including
grading and seeding) so the City can calculate the amount of the wetland creation letter of
credit.
39.Clay diversions shall be used to divert runoff around the wetlands on the south side of the
development to the temporary sediment basins downslope of them.
Water Resources Subdivision Recommended Conditions of Approval
40.Bluff areas (i.e., slope greater than or equal to 30% and a rise in slope of at least 25 feet
above the toe) shall be preserved. In addition, all structures shall 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).
41.No alterations are allowed within the primary corridor or within the first 20 feet of the
setback from the primary corridor. All structures shall meet the 40-foot setback from the
primary corridor.
42.A copy of the LOMA shall be submitted to the City prior to alterations within the floodplain.
In lieu of a LOMA, the applicant shall obtain a conditional use permit for alterations within
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City Council Summary – October 10, 2005
the floodplain.
43.The developer shall determine the base flood elevation (100-year) to ensure that the
structures will meet all floodplain elevation requirements.
44.The grade stabilization structure at the north end of Basin A is in disrepair and shallbe
replaced. Before the development incorporates this structure into the permanent storm water
management system, the structure shallbe assessed and a plan proposed and approved by the
city for the repair or replacement of the structure, as well as long term maintenance. The
applicant shallwork with the property owner to the north to get permission to repair or
replace the structure.
45.Drainage and utility easements with a minimum width of 20 feet shallbe provided over all
existing wetlands, wetland mitigation areas, buffer areas used as PVC and storm water
infrastructure.
46.A complete Storm Water Pollution Prevention Plan (SWPPP) shallbe in place before
applying for and receiving NPDES construction permit coverage from the Minnesota
Pollution Control Agency (MPCA).
47.Minimization of the amount of exposed soils on the site is needed; phasing of the
development shalllimit the disturbed areas open.
48.All emergency overflows need temporary and permanent stabilization and shallbe shown in
a detail or on the SWPPP. Energy dissipation (riprap and geotextile fabric) shall be installed
within 24 hours of installation of flared end sections and outlet structures.
49.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 (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
50.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.
51.Temporary sediment basins shall be constructed and could be located in the proposed
permanent storm water pond locations. If Pond A does not get excavated prior to disturbing
the contributing area; a temporary basin shall be constructed approximately in the areas of
Street D and Lot 5, Block 3. Temporary basins shall be labeled on the SWPPP. A detail
shall be provided for the temporary outlet structures for the temporary basins. Clay berms
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City Council Summary – October 10, 2005
shall be used to temporarily divert runoff from the construction site to the temporary basins
prior to discharge. Additionally the clay diversions shall be used to divert runoff around the
wetlands on the south side of the development to the temporary sediment basins downslope
of them.
52.Chanhassen Type 2, Heavy Duty silt fence shall be used around all wetlands, streams, creeks,
bluffs and ravines; Chanhassen Type 1 silt fence shall be used around the remaining areas.
The inlet control (for area inlets, not curbside) detail shall be mono-mono heavy duty
machine sliced silt fence with 4 foot maximum spacing for metal T-posts. A rock berm
placed around the silt fence shall be at least 2 feet wide and 1 foot high of 1½ -inch clear
rock. Wimco-type inlet controls shall be installed in all inlets through out the project within
24 hours of inlet installation. Street cleaning of soil tracked onto public streets shall include
daily street scraping and street sweeping as-needed.
53.At this time, the estimated total SWMP fee, due payable to the City at the time of final plat
recording, is $288,050.
54.The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g.,
Riley-Purgatory-Bluff Creek Watershed District, Minnesota Pollution Control Agency (National
Pollutant Discharge Elimination System Construction Permit), Minnesota Department of
Natural Resources (dewatering permit), and Army Corps of Engineers) and comply with their
conditions of approval.
Forestry Recommended Conditions of Approval
55.Tree protection fencing shall be installed prior to construction around all areas designated for
preservation.
56.A walk-through inspection of the silt/tree preservation fence shall be required prior to
construction.
57.A turf plan shall be submitted to the city indicating the location of sod and seeding areas.
58.Dedication of Outlot A and B shall be made to the city or a conservation easement shall be
established over said outlots.
Inspections and Fire Marshal Recommended Conditions of Approval
59.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.
60.There are a number of additional fire hydrants required and some will be re-located.
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City Council Summary – October 10, 2005
61.Fire apparatus access roads and water supply for fire protection is requiredto 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.
62.Temporary street signs shall be installed on street intersection when construction of the new
roadway allows passage by vehicles. Pursuant to 2002 Minnesota Fire Code Section 501.4.
63.No burning permits will be issued for trees to be removed. Trees and shrubs must either be
removed from site or chipped.
64.Submit street names to Chanhassen Building Official and Chanhassen Fire Marshal for
review and approval. The Chanhassen Building Official and Fire Marshal will determine
which streets will need naming.
65.“No parking fire lane” signs will be required. Contact the Chanhassen Fire Marshal for exact
location of signs to be installed.
66.Submit cul-de-sac design dimensions to City Engineer and Fire Marshal for review and
approval.
Building Recommended Conditions of Approval
67.Accessibility will have to 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.
68.Buildings over 8,500 sq. ft. in size must be protected with an automatic fire protection
system. The State of Minnesota is in the process of revising Chapter 1306 of the Minnesota
State Building Code regarding fire protection systems. It is not yet entirely clear how these
changes will affect residential construction. It is important that the developer meet with the
Inspections Division prior to final design to determine what ramifications, if any, the new
requirements will have on the project.
69.The developer must submit a list of proposed street names and an addressing plan for review
and approval prior to final plat of the property.
70.Demolition permits must be obtained before demolishing any structures on the site.
71.A final grading plan and soils report must be to the Inspections Division before permits can
be issued.
72.Walls and projections within 3 feet of property lines are required to be of one-hour fire-
resistive construction.
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City Council Summary – October 10, 2005
73.The buildings will be required to be designed by an architect and engineer as determined by
the Building Official.
74.The developer and or their agent shall meet with the Inspections Division as early as possible
to discuss plan review and permit procedures.”
All voted in favor, except Councilwoman Tjornhom who opposed and the motion carried
with a vote of 4 to 1.
COUNCIL PRESENTATIONS:
Councilman Peterson presented an update from Southwest
Metro Transit.
ADMINISTRATIVE PRESENTATIONS:
Todd Gerhardt presented an update on the storm
damage that occurred in the previous week’s storm.
CORRESPONDENCE DISCUSSION.
Councilman Lundquist noted the letter of
congratulations to Mr. Josh Iskierka on his Eagle Scout project.
Councilman Lundquist moved, Councilman Labatt seconded to adjourn the meeting. All
voted in favor and the motion carried. The City Council meeting was adjourned at 8:25
p.m..
Submitted by Todd Gerhardt
City Manager
Prepared by Nann Opheim
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