SUM CC 2006 01 23
CHANHASSEN CITY COUNCIL
REGULAR MEETING
SUMMARY MINUTES
JANUARY 23, 2006
Mayor Furlong called the meeting to order at 7:00 p.m.. The meeting was opened with the
Pledge to the Flag.
COUNCIL MEMBERS PRESENT:
Mayor Furlong, Councilman Lundquist, Councilwoman
Tjornhom, Councilman Peterson, and Councilman Labatt
STAFF PRESENT:
Todd Gerhardt, Roger Knutson, Justin Miller, Paul Oehme, Todd
Hoffman, and Kate Aanenson
PUBLIC ANNOUNCEMENTS:
Mayor Furlong read an invitation to the February Festival
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being held on February 4.
CONSENT AGENDA: Councilman Lundquist moved, Councilman Labatt 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 January 9, 2006
-City Council Verbatim & Summary Minutes dated January 9, 2006
Receive Commission Minutes:
-Planning Commission Verbatim & Summary Minutes dated January 3, 2006
-Park and Recreation Commission Verbatim & Summary Minutes dated December 20,
2005
Resolution #2006-06:
b. 2006 Sealcoat Project 06-02: Authorize Preparation of Plans &
Specifications.
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c. West 78 Street Extension, Project No. 04-14: Approve Westwood Church
Reimbursement for Construction.
d. Frontier Third Addition: Approve Assignment of Development Contract.
e. John Henry Addition: Approve Development Contract Extension for Time of
Performance.
Resolution #2006-07:
f. Approve Resolution Designating Yosemite Road as an MSA
Route.
g. Chanhassen Lions Club: Approval of One-Day Temporary On-Sale Beer License for
February Festival, February 4.
City Council Summary – January 23, 2006
h. City Code Amendment: Correction to Chapter 18 Previously Approved by the City
Council on January 9, 2006.
i. Approval of 2006 Key Financial Strategies.
j. City Code Amendment: Chapter 4, Fees Concerning Increasing Storm Water Use Fees.
k. Old Village Hall Plaza: Approve Contract Additions Associated with ADA Ramp
Including Railing and Modifications to Back Stoop.
l. Approval of 2005 Pay Equity Report.
m. Chanhassen Electric Substation, Located East of the Gedney Pickle Plant and North of
Stoughton Avenue, Applicant Minnesota Valley Electric Cooperative: Approval of a
Conditional Use Permit with Variances and a Site Plan Review Application to Construct
a Local Electric Distribution Substation on Property Zoned Industrial Office Park (IOP).
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE:
Sergeant Jim Olson presented
the Sheriff’s Office area report, area citation list, Community Service Officer report and crime
alerts issued by Crime Prevention Specialist Beth Hoiseth for the month of December, 2005,
along with year end numbers. Miscellaneous items included recent business burglaries and ice
safety on area lakes and ponds. Chief Gregg Geske presented the December monthly update
from the fire department, highlighting a couple calls related to carbon monoxide poisoning.
VISITOR PRESENTATIONS:
Councilman Labatt read a letter of thanks to the city’s fire
department and presented a donation to the Fire Relief Fund on behalf of the Labatt family for
their years of service responding to his father’s diabetic issues.
N. CHRISTENSEN SUBDIVISION, NORTHWEST OF 6710 GOLDEN COURT,
APPLICANT ROBERT CHRISTENSEN: REQUEST TO SUBDIVIDE
PROPERTY INTO 2 SINGLE FAMILY LOTS WITH A VARIANCE TO ALLOW
TWO FLAG LOTS.
Councilman Lundquist asked staff to provide background information regarding the street layout
associated with this request. Kate Aanenson addressed the issues raised by the Planning
Commission. Councilman Lundquist asked for clarification on the driveway access to this site
and surrounding properties, now and in the future.
Councilman Lundquist moved, Councilwoman Tjornhom seconded to approve the
preliminary plat to subdivide the Christensen property into two single family lots with a
variance to allow flag lots, Planning Case 05-44, as specified in the staff report dated
January 3, 2006. All voted in favor and the motion carried unanimously with a vote of 5 to
0.
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City Council Summary – January 23, 2006
PUBLIC HEARING: 2006 STREET IMPROVEMENT PROJECT 06-01.
Public Present:
Name Address
Mark & Pat Ruhland 6275 Yosemite Avenue
Lee Clasen 6351 Yosemite Avenue
Brian & Julie Evers 1799 Koehnen Circle
Kent Louwagie Bolton-Menk, Inc.
Marcus Thomas Bolton-Menk, Inc.
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Richard Cullen 1630 W. 63 Street
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Barbara Solum 1630 W. 63 Street
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Emma St. John 1621 W. 63 Street
Tracy & Chuck Cool 1601 Koehnen Circle E.
Adele Pint 1641 Koehnen Circle E.
Mike Schmidt 6470 Yosemite Avenue
Chris Charlson 581 Big Woods Boulevard
V.C. Wertz 1620 Koehnen Circle
Jean Bogema 6371 Yosemite Avenue
Lance Ford 1711 Koehnen Circle East
Bruce Koehnen 1830 Koehnen Circle
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Willard Johnson West 63 Street
Paul Oehme presented the staff report on this item and introduced the consultant, Marcus
Thomas from Bolton-Menk, Inc. who reviewed the feasibility study and report for the Koehnen
neighborhood. Councilman Labatt asked about the width of Yosemite connecting into
Shorewood. Mayor Furlong asked for clarification of the proposed retaining walls along
Yosemite. Councilman Lundquist asked about the width of Yosemite in relation to the need for
retaining walls, the size of the cul-de-sac bubbles and MSA requirements. Mayor Furlong
questioned the scope of the project towards Lake Lucy Road and possibly including that in the
project and clarification on how assessments are determined. Mayor Furlong called the public
hearing to order. Mike Schmidt, 6470 Yosemite noted a discrepancy in the letters that were sent
out to the public stating project costs of $3.8 million rather than $2.8 million, concern with the
safety associated with the retaining walls, the speed and amount of traffic on the road. Mark
Ruhland, 6275 Yosemite speaking also on behalf of his neighbor Mrs. Lee Clasen stated they
did not feel there was a need to accommodate any higher traffic volume on Yosemite and would
like to see a reduction in traffic speed. He asked staff to explain what would happen if the street
width was narrowed and the city lost state aid funding. Tracy Cool, 1601 Koehnen Circle stated
their biggest concern was the pond which is located in her back yard. V.C. Wertz, 1620
Koehnen Circle was concerned with the safety of the pond, and mosquito control. Adele Pint,
1641 Koehnen Circle East also had concerns with the holding pond and standing water in the
roadway ditch in front of her house. Jean Bogema, 6371 Yosemite Avenue expressed concern
with these improvements raising her property value and taxes, concern about the retaining wall
and fence that will be placed on her property and the speed on Yosemite. Barbara Solum, West
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63 Street questioned the speed and lighting on her street, maintenance for the end of their
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City Council Summary – January 23, 2006
driveways and mailboxes and mail delivery during construction. Lance Ford, 1711 East
Koehnen asked for clarification on phasing of construction and maintenance of the ponds. Bruce
Koehnen, 1830 Koehnen Circle asked for clarification of MSA funding for Yosemite Avenue,
safety regarding installation of retaining walls and cars driving off the road in those areas,
assessment methodology including potential future lot splits. Brian Evers, 1799 Koehnen Circle
West questioned widening the roadway just to meet MSA standards, and runoff from the gravel
driveways on Cardinal. Chuck Cool, 1601 Koehnen Circle asked why install curb and gutter at
this time, the use of MSA dollars, concern with the pond and who is liable if there’s a drowning
in the pond, and maintenance records for ponds. Mayor Furlong asked the consultant to explain
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the alternatives to building retaining walls. Willard Johnson, West 63 Street asked if the
lowering of the sewer line on Blue Jay Circle was going to affect his property.
Councilman Labatt moved, Councilman Lundquist seconded to table the public hearing on
the 2006 street improvements, Project 06-01 to the February 13, 2006 meeting. 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.)
PUBLIC HEARING ON METES AND BOUNDS SUBDIVISION REQUEST WITH A
VARIANCE FOR RIGHT-OF-WAY, PAUL & ANDREA EIDSNESS, 630 CARVER
BEACH ROAD.
Kate Aanenson presented the staff report on this item. Councilwoman Tjornhom asked about the
possibility of further subdivision of the lots. Mayor Furlong opened the public hearing. Paul
Otto with Otto Associates stated the applicants were in agreement with the staff
recommendations. The one thing they would like to request is that additional right-of-way along
Carver Beach Road be maintained at 20 foot to save trees. Mayor Furlong closed the public
hearing. After comments by the council the following motion was made.
Resolution #2006-08: Councilman Peterson moved, Councilman Lundquist seconded that
the City Council approves the metes and bounds subdivision (#06-02) of 2.18 acres into two
lots as shown on plans stamped “Received January 5, 2006”, subject to the following
conditions:
1. Detailed grading, drainage, erosion control and tree removal plans are to be submitted to
the City for review and approval with the building permit application for Parcel B, or
with the subdivision application if Parcel B is incorporated into a future development
proposal, whichever comes first.
2. Park dedication dollars will be required in lieu of land dedication for one new lot (1 lot x
$4,000 per lot = $4,000).
3. The sewer and water hookup charges for Parcel B will be payable with the building
permit application or assessed with the property taxes.
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City Council Summary – January 23, 2006
4. The survey must be revised to dedicate a 30 foot wide roadway, drainage and utility
easement over the east half of Carver Beach Road, measured from the centerline of
Carver Beach Road.
5. Parcel B will be specially assessed $10,000 for the street. The assessment will be
deferred without interest until the street is constructed. When the deferment ends, the
assessment shall be paid over a five year period at 8% interest.
6. The applicant shall enter into the attached Development Contract and Special Assessment
Agreement.
7. Standard drainage and utility easements shall be dedicated to the city as described in the
UTILITIES section of the staff report.
8. The plans must be revised to show the exact location of the existing utilities (watermain
and sanitary sewer) and easements. Additional easements may be required as described
in the UTILITIES section of the staff report.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
JACOB’S TAVERN, LOCATED AT THE SOUTHEAST CORNER OF HIGHWAY 5
AND CENTURY BOULEVARD, APPLICANT, TRUMAN HOWELL ARCHITECTS:
REQUEST FOR SITE PLAN APPROVAL FOR A 6,808 SQ. FT. RESTAURANT
BUILDING ON 2.02 ACRES.
Kate Aanenson presented the staff report and Planning Commission update on this item.
Councilman Peterson asked for clarification on how the building is oriented on the site and
signage. Councilman Lundquist asked about the impact of the retail market study on this project.
Truman Howell, Truman Howell Architects explained the architectural design elements, and
addressed the material for the silo top. Mayor Furlong opened the floor for public comments.
There were none. After council discussion the following motion was made.
Councilman Peterson moved, Councilman Labatt seconded that the City Council approves
Site Plan Planning Case #05-40, plans prepared by Schoell & Madsen, Inc., dated
November 10, 2005, for a 6,808 square-foot restaurant on Lot 1, Block 1, Arboretum
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Business Park 6 Addition, 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.
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2.A recorded parking easement for the benefit of Lot 1, Block 1, Arboretum Business Park 6
Addition for the use of nine stalls on the Holiday Inn Express site (Lot 2, Block 1, Arboretum
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Business Park 6 Addition) is required as part of the site plan.
3.The developer shall install site furnishings including benches, bicycle racks, and tables.
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City Council Summary – January 23, 2006
4.All signs shall require a separate sign permit.
5.Mechanical equipment, either roof-mounted or at grade, must be screened.
6.The building must be protected with an automatic fire sprinkler system.
7.The building plans must be prepared and signed by design professionals licensed in the State
of Minnesota.
8.The building owner and or their representatives shall meet with the Inspections Division to
discuss plan review and permit procedures.
9.Pedestrian ramps shall be provided in all locations where the sidewalk ends at a curb.
10.The full access driveway onto Century Boulevard is allowed. However, should the driveway
cease to operate in a safe manner in the opinion of the property owners of Lots 1 or 2, Block
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1, Arboretum Business Park 6 Addition, or Lots 1, 2 or 3, Block 1, Arboretum Business
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Park 4 Addition, or if any of the following conditions are met, the property owners of Lots 1
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and 2, Block 1, Arboretum Business Park 6 Addition and Lots 1, 2 and 3, Block 1,
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Arboretum Business Park 4 Addition shall be assessed 100% of the costs incurred to correct
the conditions in a fashion acceptable to the City of Chanhassen:
a.Level of service “F” at the intersection during peak AM and PM times.
b.Level of service “D” or below at the intersection during non-peak times.
c.Significant accidents that are attributed to the configuration of the intersection occur that
indicate a mutually recognized safety concern at the intersection.
11.The slope located along the southern property line shall be seeded with a native grass mix
and left natural. The applicant will be allowed to mow along the parking lot and trail if
necessary.
12.Storm water calculations shall be submitted to ensure the existing downstream storm water
infrastructure is sized adequately for the proposed development.
13.Two details for silt fence are included on the detail sheet. The old detail for silt fence (Detail
5300 last revised January of 2003) should be removed from the detail sheet. The plans
should be revised to show inlet protection around all storm sewer inlets.
14.Wimco-type inlet controls should be specified for inlet protection. Inlet protection shall be
provided for existing catch basins immediately adjacent to the project.
15.During installation of the proposed storm sewer infrastructure to the existing storm sewer,
temporary caps or plugs should be provided until the installation of the pipes and inlets are
complete.
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City Council Summary – January 23, 2006
16.A temporary cover of mulch and seed is needed within 14 days of final grade for any
exposed soils or if any exposed soils are not actively worked within a 14-day time period.
17.Any sediment tracked upon paved surfaces must be scraped and swept within 24 hours.
18.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
(NPDES Phase II Construction Site Permit), Minnesota Department of Natural Resources
(for dewatering), Minnesota Department of Transportation, Minnesota Department of
Health) and comply with their conditions of approval.
19.A professional civil engineer registered in the State of Minnesota must sign all plans.
20.The applicant will be required to submit storm sewer sizing design data for a 10-year, 24-
hour storm event with storm sewer drainage map prior to building permit issuance.
21.The applicant should be aware that any off-site grading will require an easement from the
appropriate property owner.
22.Installation of the private utilities for the site will require permits and inspections through the
City’s Building Department.
23.Add the latest City Detail Plate Nos. 1004, 5214, 5300 and 5302.
24.The site will be subject to City sanitary sewer and water hookup charges at the time of
building permit issuance. The 2006 trunk utility hookup charges are $1,575.00 per unit for
sanitary sewer and $4,078.00 per unit for water.
25.Permits from the appropriate regulatory agencies must be obtained, including but not limited
to the MPCA, Department of Health, Watershed District, MnDOT, etc.
26.On the utility plan show all the existing utility sewer type, size, slope and class.
27.Cross-access easements for the shared driveway access must be obtained and recorded
against the lots.
28.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.
29.Yellow curbing and “No Parking Fire Lane” signs will be required. Contact Chanhassen Fire
Marshal for exact location of yellow curbing and location of signs to be installed.
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City Council Summary – January 23, 2006
30.Builder must comply with the following Chanhassen Fire Department/Fire Prevention
Division Policies.
a.#1-1990 regarding fire alarm systems,
b.#4-1991 regarding notes to be included on all site plans,
c.#7-1991 regarding pre-fire drawings,
d.#29-1992 regarding premise identification,
e.#34-1993 regarding water service installation,
f.#36-1994 regarding proper water line sizing,
g.#40-1995 regarding fire protection systems.”
31. The applicant will work with staff to identify a durable material for the top of the silo which
does not include canvas.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
COUNCIL PRESENTATIONS:
Mayor Furlong provided an update on the meeting held by
Carver County regarding Emergency Preparedness.
ADMINISTRATIVE PRESENTATIONS:
Todd Gerhardt presented updates regarding the
storm water management plan update, water treatment plant, the ice depth on Lake Ann, and the
Chamber of Commerce luncheon.
CORRESPONDENCE DISCUSSION.
Mayor Furlong noted the letters to the Fire Department
from the family members involved in the carbon monoxide incident over the Christmas holidays.
Councilman Peterson moved, Councilman Lundquist seconded to adjourn the meeting. All
voted in favor and the motion carried. The City Council meeting was adjourned at 9:55
p.m..
Submitted by Todd Gerhardt
City Manager
Prepared by Nann Opheim
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