CC 2006 07 24
CHANHASSEN CITY COUNCIL
REGULAR MEETING
JULY 24, 2006
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
Labatt and Councilman Lundquist
COUNCIL MEMBERS ABSENT:
Councilman Peterson
STAFF PRESENT:
Todd Gerhardt, Roger Knutson, Kate Aanenson, Todd Hoffman and Paul
Oehme
PUBLIC PRESENT FOR ALL ITEMS:
David Jansen Chanhassen Villager
Jerry McDonald Planning Commission
Janet & Jerry Paulsen 7305 Laredo Drive
Debbie Lloyd 7302 Laredo Drive
Jeffrey A. Fox 5270 Howards Point, Excelsior
Rick Dorsey 1551 Lyman Boulevard
PUBLIC ANNOUNCEMENTS:
Mayor Furlong: Thank you and welcome to everybody here with us in the Council chambers
and those watching at home. Glad that you joined us this evening. At this time I’d asked council
members if there’s any modifications or amendments to the agenda that was distributed with the
council packet? If not, we’ll proceed with that agenda. Without objection. I’d like to start out
this evening with an invitation to our residents and businesses, friends and neighbors to join
myself, other members of the council and a number of other people this coming Tuesday, August
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1 for National Night Out. City of Chanhassen will be celebrating National Night Out again this
year. This is an event that’s designed to encourage citizens to get out and get to know their
neighbors, promote crime prevention awareness, and to provide an opportunity for public safety
representatives to visit with them. The City of Chanhassen takes great pride in being a safe place
to live and work. We are a safe city and our residents feel safe, and that’s important. Keeping
Chanhassen safe is a partnership between our citizens, our residents, our businesses and those
who serve the City. National Night Out supports this effort by reminding citizens that their
involvement is vital to maintaining safety in Chanhassen. With citizen participation we can
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make an impact on crime and keep our city a safe place for everyone to live. August 1, a week
from tomorrow, next Tuesday, representatives from the Carver County Sheriff’s Office and
Chanhassen Fire Department will be visiting Chanhassen block parties. We have a number of
block parties this evening already signed up. I believe we’re over 40, which is the highest we’ve
had in the years that we’ve been doing this up from about 34 last year, so participation continues
to grow for this event, which is a credit to all those involved. If you’re interested in hosting a
City Council Meeting – July 24, 2006
block party, or participating in one near your home, I’d encourage you to check our web site at
the City of Chanhassen or to call city hall, 227-1610 to get more information.
CONSENT AGENDA: Councilwoman Tjornhom moved, Councilman Lundquist 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 July 10, 2006
-City Council Summary & Verbatim Minutes dated July 10, 2006
Receive Commission Minutes:
-Park and Recreation Commission Verbatim & Summary Minutes dated June 27, 2006
b. The Preserve at Bluff Creek, Project 06-12: Approve Access Agreement with Ryland
Group.
d. Amendment to City Code, Chapter 20, Section 1259, Concerning Electronic Reader
Board Signs.
Resolution #2006-49:
e. Longacres Drive Stormwater Pond Outlet Improvement and
Lyman Boulevard Sewer Repairs, Projects 06-08 and 06-09: Reject Bids and Authorize
Re-advertisement for Bids.
f. Approval of Temporary On-Sale Liquor License for Fund Raiser, September 30, St.
Hubert Church, 8201 Main Street
Resolution #2006-50:
g. Approve Purchase of Grass Rig, Chanhassen Fire Department.
h. C.J.’s Coffee & Wine Bar, 600 Market Street, Suite 170: Approval of Request to Amend
the Liquor Licensed Premises for a Charity Event on September 30, 2006.
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE.
Sgt. Ross Gullickson: Good evening. Good evening Mr. Mayor, members of the council.
Ladies and gentlemen. Folks at home, good evening. Sheriff’s report and statistics for the month
of June, 2006. There were 158 criminal calls for service last month, consisting of 57 Part I
offenses and 101 Part II offenses. To clarify the definitions for everybody and for those at home,
Part I offenses by definition are the, of the Uniform Crime Report are offenses which include
arson, aggravated assault, burglary, homicide, robbery, rape, theft and theft of vehicle. Part II
offenses include all other crimes, some of which are simple assault or assault that does not result
in serious injury. Disturbing the peace, property damage, etc. Last month in June, Part I
offenses were broken down into the following. We had 6 burglaries were reported. Three of
those that were reported actually turned out to be unfounded, which means that what was
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City Council Meeting – July 24, 2006
reported was not actually a burglary, and of the remaining 3, one business and 2 private
residences were burglarized. There were 50 thefts reported for the month of June, which is up 21
from last month. Theft related calls year to date are 176, which is up 37 from year to date totals.
Upon further research, I thought that that was a pretty substantial increase so upon further
research it was learned that the biggest jump in theft was related to gasoline drive off’s. With the
sky rocketing gas prices, people are filling up and driving off, so that’s where the biggest
increase came and of those 50, 16 of those were related to gasoline drive off’s. Part II offenses
were broken down into the following. The biggest jump in Part II offenses for the month was
disturbing the peace calls. There were 43 reported for the month, compared to 5 reported in
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May. Again further research into this found that it was related to fireworks, with the 4 of July
celebration and the month of July. There were 25 calls for fireworks complaints. There was also
slight increase in property damage offenses. 28 reported last month. Or I’m sorry, in June
compared to 21 in May. There were also 1,065 non-criminal calls for service during the month
of June, which compares to 1,227 from last month. We saw a decrease in traffic stops. Traffic
stops were down 94 from last month totaling 327. We also saw an increase in suspicious
circumstances, or acts from 81 in May to 117 in June. There was also an increase in driving
complaints reported to the sheriff’s office, which was 64 compared to 52 in May. And there
were 288 citations listed, or issued in June. Fourth of July parade, my first day as a new sergeant
in Chanhassen was the day before the biggest celebration in the city. The parade and various
events all went according to plan with minor incidences reported here and there. But overall a
huge success, and at this point I’d like to take this opportunity to publicly thank the Chanhassen
Rotary, city staff, the street department, Park and Recreations and my staff and all others for the
planning and coordination that they did that made my job very easy as the new kid on the block.
Some of you may have also seen in the council packet that I set out, we did a crime alert. A city
wide crime alert was sent out regarding a rash of recent car prowlers in neighborhoods. I would
like to take this opportunity to remind those present and those at home to please remove all
valuables from your vehicles and to make sure that they are locked. Furthermore, please be
vigilant in watching your neighborhoods at night and report any suspicious activity, no matter
how minute they may think it is to 911 immediately. As the Mayor pointed out, National Night
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Out is also right around the corner, and will be held on August 1. National Night Out is
designed to heighten crime prevention awareness, promote neighborhood communication and
strengthen the bonds between public safety officials and the community. I would ask everyone
here, the folks at home, to find out where their local block parties are held at and participate. For
those at home that wish to register their block parties, so you can get a visit from various public
safety officials, you can contact the Crime Prevention Specialist at the number notified by Mr.
Mayor, which is 227-1610. Any questions, comments or concerns from the council?
Mayor Furlong: Thank you. Questions for the Sergeant. Very good. Thanks for the report.
Sgt. Ross Gullickson: Good evening.
Mayor Furlong: Thank you. Chief Geske is here this evening with the fire department. Good
evening Chief.
Chief Gregg Geske: Good evening. Couple things that I wanted to report that we’ll be involved
in, coming up one which has been mentioned of course, the National Night Out. We’ll have
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City Council Meeting – July 24, 2006
three of our apparatus out in different neighborhoods and stuff, located around to different
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meetings. Saturday, August 19 we’ll be involved with the Miracles for Mitch Foundation run
that’s in town here. First aid response and closing some roads and such. We’re also
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participating with the Lion’s Club, their in a golf tournament on August 31. Recently here in
the last week we’ve taken on 3 more rookie fire fighters. They’ll be starting the year long
classes and Fire Fighter I, Fire Fighter II, HAZMAT and their medical training so hopefully
they’re, at the end of the year they’re still with us after the grueling. It’s one of the things we do
meet with their family and stuff, and go over how much is involved, especially in the first year
and how much training’s involved so looking forward to taking those people on and they show a
lot of, definitely show a lot of excitement. Did want to mention the house fire that we had last
week. We had, during the daytime. We did call mutual aid from Excelsior, Chaska, Eden
Prairie, and we had standby from Victoria. It’s pointing towards the toaster but the fire was
pretty large by the time we got there. It was going through the roof. We were able to save some
of the pictures and stuff that were in the basement so the homeowners were very happy about
that. Want to pass on thanks and would also like to thank the sheriff’s department for the work
that they did and a couple of their people, the investigators stayed on the scene to help us to
investigate the cause and determination of the fire. Call numbers continue to be down. I guess
as long as it still works I’ll continue to chalk that up to fire education. Any questions or anything
tonight?
Mayor Furlong: Thank you. Questions for the chief.
Councilman Lundquist: Chief Geske, the reference to the fire last week. Hit pretty close to
home for me, just a couple of houses down actually in the neighborhood. One of the comments,
or several of the comments that I got, questions about the time that it took from the time the 911
call came in to the time, I mean there was a lot of things. The fire was fast and hot and all of
those things but can you talk a little bit about how long that one took and you know what’s the
standard. What’s normal. Expected or some kind of, is there a metric that you use to kind of
measure you know how fast you make it and those sort of things?
Chief Gregg Geske: Sure. And we hear that comment a lot you know from people that are
standing there waiting for the trucks. It seems like when 911’s called, then they stand there and
the fire keeps burning of course. The response time from the time that it was called in to us, or
reported to us by the dispatch to the time that we have the first vehicle or fire department vehicle
on the scene was 6 minutes so that, any time we can do it in about 8 minutes, especially during
the day, it’s pretty good response time. Of course with that one we did try to make entry, which
was too hot from internal or offensive mode, so we immediately we went onto a defensive mode
and set up our aerials so it takes a little bit more time and that to get the aerial up. Hook it up to
a hydrant because there’s only about 300 gallons of water on it so, you know we have to hook up
to the hydrant and it seems like it takes longer, like I say, as you’re standing there, especially
with the intensity of fire. Even before we got there it was coming through the roof and there was
smoke coming from the vents along the roof line, so that’s an indication that there is strong or
heavy load of fire in the attic area so, it wasn’t long after we showed up that there was quite a bit
of fire coming from the attic itself. I had got a call from city staff that we had a call. I work in
South St. Paul and made my way here, and before I could even actually get to the airport you
could see the column of smoke so as the fire progressed and we anticipated that it possibly
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City Council Meeting – July 24, 2006
started and between 20 after 10:00 and 10:30 so it had a half hour basically before it was
reported you know to grow so. It does seem, but I was happy with our response times I guess
that we had, and you know the time, the daytime calls are definitely, we are short people and
that’s why we depend on mutual aid and getting other people there, but the response time was I
think was adequate that we had so. But it does seem, as you’re standing there, been there before
waiting for the rest of the trucks to get there and it seems like a long time, especially with the fire
rolling so.
Councilman Lundquist: So that 8 minutes is a metric that you use internally or is that some kind
of a national standard?
Chief Gregg Geske: There are some national standards and NFPA guidelines. You know there
are areas and are areas in our city where it takes longer to get, the lower Y for example. PI’s and
stuff takes longer for us to respond, but that’s kind of a goal that we shoot for too, and most of
the time we’re, we’re close to that response time too.
Councilman Lundquist: Okay, thank you.
Mayor Furlong: Thank you. Any other questions for the Chief at this time? No? Very good,
thank you.
Chief Gregg Geske: Thanks.
VISITOR PRESENTATIONS:
Jerry Paulsen: Jerry Paulsen, 7305 Laredo Drive. Good evening Mayor and council members.
Mayor Furlong: Good evening.
Jerry Paulsen: We had a late e-mail which might have gotten to you. I put it on your desk there,
in regards to impervious surface, just to clarify. The original impervious surface came at 32.0.
After that, the second condition…and brought it to 42.6%. But that excluded the right-of-way
for the two streets which if you include that, and include the wetland, we’re up to the larger area
and the impervious surface we believe re-computes at about 47.1. If you add the gazebo, the
hardscape material at the beach, the pool and the artificial water features, we may be pushing
50%. Just wanted to remind you of that.
Mayor Furlong: And I appreciate you giving that to us. Did you give a copy to Ms. Aanenson as
well? Maybe when we get to that agenda item, she can address that. I know there’s some other
e-mails that went back and forth and some responses the council got copied on so, thank you Mr.
Paulsen. Appreciate that. Anybody else, visitor presentations? Very good, thank you.
LAKESIDE, 125 LAKEVIEW ROAD, APPLICANT SIENNA CORPORATION:
REQUEST FOR A PLANNED UNIT DEVELOPMENT ON 26.34 ACRES REZONING
THE PROPERTY FROM R12, HIGH DENSITY RESIDENTIAL TO PUD-R, PLANNED
UNIT DEVELOPMENT-RESIDENTIAL, WITH VARIANCES; PRELIMINARY PLAT
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City Council Meeting – July 24, 2006
FOR 29 BUILDING LOTS, TWO OUTLOTS, AND RIGHT-OF-WAY FOR PUBLIC
STREETS; SITE PLAN REVIEW FOR A 234 UNIT RESIDENTIAL DEVELOPMENT,
INCLUDING TWO, THREE, FOUR, AND CONDOMINIUM UNIT BUILDINGS, AND A
COMMUNITY BUILDING; AND A CONDITIONAL USE PERMIT FOR A
RECREATIONAL BEACHLOT WITH VARIANCES.
Public Present:
Name Address
David Vogelbacher Apple Valley
Matthew Anderron Golden Valley
Rick Denman 6656 PLC
Steven Mangold 4852 Woodhurt Lane, Minnetonka
Gregory Kozulls Prior Lake
John Harriss Minneapolis
Tony L. 425 Portland Avenue
Mary Beth Maki 150 Lakeview Road E
Steven Schwieteus 10072 Gristmill
Daryl McLinden 7321 Hillsdale Court
Jerry Frederick 7297 Hillsdale Court
Stephanie & Thomas Drees 14727 Boulder Point Road
Chris Honaas-Wildfang 18397 Nicklaus Way
Scott Frederiksen 18626 Bearpath Trail, Eden Prairie
Bruce & Mary Jo Carlson 8988 English Turn, Eden Prairie
Ginny & Pat Gaspard 17615 Bearpath Trail
Andrew Pynch 8724 North Bay Drive
Phil Young 6832 Hallmark Drive, Eden Prairie
Kevin McShane 180 South Shore Court
Kate Aanenson: Thank you Mayor, members of the council. We did review this item at your
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last meeting on July 10. We did provide an executive summary, which we addressed the issues
that you asked the staff to work with the development and most specifically with the elimination
of setback variance along the easterly side. Additional landscape buffering and preservation of
additional trees through the reduction or elimination of grading, and checking into the OHW.
We did provide that and that was one of the other e-mails that went through. It does show up on
the entire packet that you got. If you look through all the grading plans, it’s on page 2. Showing
this first, this dark line, and it is, the impervious surface was calculated. Everything above that.
Again the impervious surface is allowed at 50%. We believe that there’s a difference in
interpretation of calculating that and the corrected would be the 44%. In the staff report there is
no mention of the exact percent. What we said is that needs to be to the 50%, which we will
ensure that it meets that. Having said that, I’ll go through the changes that have been made since
the last time we met.
Councilman Lundquist: Kate um, that will insure us on that impervious will be done between a
preliminary and final?
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Kate Aanenson: Absolutely, yeah. And if there’s changes. Obviously it’d have to stay below 50
because it would need a variance and so we have those changes that we’ll be showing.
Councilman Lundquist: Okay.
Kate Aanenson: So the changes, this is a black and white, but maybe I can just show. What’s,
the multi family building as we corrected at the last meeting, needs to meet the setback of the
height. Right now it’s shown on the 42, as it would be with the pitched roof. The rest of the
buildings all meet the 50 foot setback, even building C, which would be this back building right
in here. What that does is there’s a 3 unit here and a 3 unit here, so those have been eliminated
in order to, what it does is it changes. What they were trying to create is some different view
sheds. As you look, it wasn’t a straight line. Kind of a soldierisk, you remind the planning staff
sometimes when we put those units, so it actually had a little bit of a curve to the street, so what
this did is, took that curve out and now they’re kind of more aligned, but it does now meet the
setback requirements, so that variance has been eliminated. As I mentioned Building C also now
is in compliance with that setback. It is outside the shoreland district so it doesn’t need the
height variance, so then there’s still the issue on the height itself. But before I go to that, I just
want to touch a little bit on the grading and the landscaping. That was the other issue you asked
us to look at. The developer has eliminated any grading on the back side of condominium A,
which would be adjacent to the lake side and the Bearpath side. And meeting with Eden Prairie,
it appears that they’re going to move the trail to the most easterly side of their outlot, so they’ve
eliminated the grading, if I can translate that into kind of the tree preservation that’s there.
What’s shown highlighted in green, and I did pass this out. There are a few extra copies over at
the table. I did pass it out to the council, in case you can’t see that. But those were the
significant ones. The burr oak. Larger, 28 inch, 30 inch, but it would include everything but I
just wanted to show that. So everything behind the larger building, the condominium building
would, all those trees would be preserved. What the applicant is asking for, and now meeting the
setback would still be on those twin units as you move down towards the condominiums, that
they still have the opportunity to grade. Certainly that’s in Eden Prairie and that’s at their
discretion to approve that. We are recommending approval with the condition, and I’ve handed
out to you the modified conditions, and that’s reflected in, if you want to turn to conditions of
approval. And again I have extra copies of this at the table too. That would be reflected on page
29 of 33, and condition number 44. That the developer must receive approval from the City of
Eden Prairie for grading into the outlot. So any action tonight would still require Eden Prairie to
approve it. Again the goal there is to, while they’re, to make the view sheds nicer. What I
wanted to show, we did ask for renderings so you have an idea of what the change, can you
zoom in on that maybe a little bit. So this, as we put in the staff report on your cover memo,
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exactly where this is on the 15 fairway is about 482 feet from that lot, looking towards, do you
have it out of focus? Looking towards what you would see right now. And the other questions,
so this is with the pitched roof, which is what the staff is recommending on the, we wanted the
pitched so it matches kind of what’s in the North Bay and the most visible one that you would
see also from the Bearpath homes. Then this would be the perspective from the lake itself. And
again with that beachlot, a majority of those trees would be saved. That beachlot itself is going
on the other most westerly piece. On the beachlot… It’d be over on this piece right here. So but
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City Council Meeting – July 24, 2006
the majority of these trees have been, would be saved. So that’s why, that’s a pretty accurate
representation.
Councilman Labatt: How far out on the lake are you in this picture?
Kate Aanenson: I did ask that. I’m not sure if they had some way to calculate that.
John Harriss: 300 yards.
Councilman Labatt: So 900 feet.
Kate Aanenson: We did ask that and I didn’t get the correct, so there you go. So those are those
two. We did also ask for a perspective. What it would be with a flat roof. Now this is the exact
building. This doesn’t have the pitch on it, so this would be, so this building, I just want to be
clear, is the same materials. You can see, because if you look in the booklet it’s a little bit harder
based on the distance that you’re looking at it from the booklet. This has the same materials on
the building itself. This would be at 37 feet, so you’d only need a 2 foot variance. Again the
staff is still supporting the pitched roof. Again being the proximity and the visibility, that we
think a pitched roof looks better.
Councilman Lundquist: Kate, can you put the rendering of the 15 total.
Kate Aanenson: Sure. Kind of put those two in maybe. So with those, the only other variance
that was on there that I think you pretty much spoke to already was the beachlot association. The
fact that some of those lots fall outside the 1,000 foot, which is also the shoreline district. That
you seem to support that, so we didn’t spend too much time addressing that issue. We addressed
that already. So with that I believe those are the issues that you asked us to look at. And we are
still recommending approval with the conditions as modified that we kind of add to it, and I’d be
happy to answer any questions that you have.
Mayor Furlong: So in summary, two weeks ago we were looking at a request for setback
variance and now there, with the changes there’s no setback variance required.
Kate Aanenson: That’s correct.
Mayor Furlong: On any of the buildings.
Kate Aanenson: That’s correct.
Mayor Furlong: Okay. And while you looked at the Building A with a flat roof, it would still
require.
Kate Aanenson: A 2 foot variance.
Mayor Furlong: A 2 foot variance and you’re recommending.
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City Council Meeting – July 24, 2006
Kate Aanenson: The 8.
Mayor Furlong: 8 or 6 more than what was…
Kate Aanenson: 6, correct.
Mayor Furlong: With the pitched roof.
Kate Aanenson: That’s correct.
Mayor Furlong: Okay. And also recommending the other variance then would be, well there’s a
height variance on both A and B being requested and recommended by staff. And then the.
Kate Aanenson: Yeah, and let me just clarify again on Building B. Based on this orientation and
where it is on the site. It’s difficult to see whether you’re on Lyman or whether you’re on the
golf course side. Getting those kind of blocked from the other building, and the tree line from
the lake. And then Building C doesn’t need a variance because it’s outside the shoreline district.
Mayor Furlong: Alright. Then the final is the beachlot which we discussed last week as well.
The beachlot variance.
Kate Aanenson: Correct.
Mayor Furlong: For in terms of including all the units…
Kate Aanenson: It seemed to make sense to put everybody in, yeah.
Mayor Furlong: Okay. Alright. Questions for staff at this time. Follow up questions.
Councilman Lundquist: Kate, the grading. Original grading plan that came two weeks ago
showed some grading behind Building A.
Kate Aanenson: That is correct.
Councilman Lundquist: So that’s been revised.
Kate Aanenson: Yes.
Councilman Lundquist: So that the grading, because I’m looking at, is that what this dotted line
on this one is?
Kate Aanenson: Yeah. If you look at the original grading plan, if I could just show this really
quick. You would see that the grade, 910 was actually pushed up into that similarly up into the
outlot where the trail would be. That would ultimately be the possession of the City of Eden
Prairie for the trail. That has also been eliminated, as has the grading behind this building itself.
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City Council Meeting – July 24, 2006
They’re just going to bench that in so there won’t be any grading on those trees back in there, so
all those trees will be preserved.
Councilman Lundquist: Okay. So that wouldn’t, when we’re looking at this rendering then, if
they’re not going to grade there, there should be more.
Kate Aanenson: Trees?
Councilman Lundquist: There should be more trees on there then what’s there now?
Kate Aanenson: I would agree because if you look at it, it looks like just the higher. You’re not
seeing the willows and some of those scrub trees that would be on, kind of on this side.
Councilman Lundquist: Okay.
Kate Aanenson: There’s also, as you said, on that tree preservation, there’s additional trees
showing that there are the green ash. It’d also be saved so there would be more trees.
Councilman Lundquist: Okay. Then on here, with the revised grading plan. Okay.
Kate Aanenson: Yeah, so we identified that so the rest of the grading plan would still be
consistent with moving that, and again that’s a requirement that Eden Prairie would have to
approve. If they don’t approve it and they have to modify their grading plan, it would come back
before this body to approve something different.
Councilman Lundquist: Okay.
Kate Aanenson: So this is only modifying the grading plan for behind Building A. Otherwise it
was, and that’s in your conditions of approval as modified but otherwise the existing grading
plan would still be in place.
Councilman Lundquist: Okay.
Todd Gerhardt: Could you clarify the area behind the condo project along the Eden Prairie
border? If they’re not grading into that area, where there be thinning out of any trees or
anything?
Kate Aanenson: No. It’s my understanding it’s not going to touch it. Correct?
John Vogelbacher: No.
Todd Gerhardt: Good question.
Mayor Furlong: And with regard to grading again, at our last meeting they talked about with the
revised grading, this was the first revision of, the most revision at our last meeting dealt with
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City Council Meeting – July 24, 2006
storm water and the flow between I guess to the north of Building A and the first set of twin
homes there. Is that still, from a storm water management, is that still.
Kate Aanenson: This is the high point right in here so we’ll kind of look at how we need to look
at that. There shouldn’t be too much flow. I did talk to the Assistant City Engineer looking at
how much water’s going to come back through that. Now that the trail’s on the other side, we’ll
have grade going the other way. There shouldn’t be too much water that we would route around
the building.
Mayor Furlong: It would come east/west into.
Kate Aanenson: Yeah, and I think we can work with them without much impact to the site to
make that happen.
Mayor Furlong: Alright. Then my other question on, okay. And I guess this speaks, I guess this
grading because I’m going to continue to follow up on Councilman Lundquist’s question.
Condition 37 talks about changes with emergency overflow again. Now this is the northwest
corner so I assume this is west of Building C, up by the North Bay development. That was a
concern that was raised at the Planning Commission. I thought we had addressed that but my
question, I guess two questions here. What has changed there. Second, one foot above the
emergency overflow. Is that standard? Is that enough? We’ve had some issues in the past
where the emergency overflow gets blocked or changed somehow.
Kate Aanenson: Yeah. We can clarify where we are on the site. We’re down in this area over
here. Yeah. That was the area that was mentioned. I believe we’ve addressed that. That was an
issue that I ignored to add.
Mayor Furlong: Okay, and I guess has the grading plan changed at all there from the last
meeting?
Kate Aanenson: No, it has not.
Mayor Furlong: Okay. And so this requirement of the first floor elevations being 1 foot above
the emergency overflow, then my question is 1 foot current standard there? Is that enough?
Paul Oehme: I think the current standard right now is 3 feet.
Mayor Furlong: Okay. So why are we at 1?
Paul Oehme: I don’t know that for sure right now. The, I know there was some discussion about
changing the elevations of some of the, finished floor elevations there so, I don’t know exactly
why, why it’s at 1 foot correctly. So we’ll have to look at it.
Kate Aanenson: Between now and final plat. Also the fact that Building C shifted slightly.
There’s certain fixed touch down points on this project. Those being the entrance to the
condominiums, as there’s some challenging topography. Those are fixed points that we have to,
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the developer had to work around, so there is a retaining wall on the back side of that. So we’ll
look at that. Whether it needs to be the 3.
Mayor Furlong: Would we want to say 1 foot then at this point in the preliminary or is that…
Kate Aanenson: It can be adjusted.
Councilman Labatt: I would say the standard. If the standard is 3 feet.
Paul Oehme: Right.
Councilman Labatt: We should leave it at 3 feet and then change it if we need to.
Mayor Furlong: I guess my question is that something, well I guess that’s why I’m raising the
question because 1 foot seems low but.
Kate Aanenson: It was 3 feet and it got struck to 1…reason for that so, whatever that needs to
be, we’ll make sure and we’ll point that out in the update. When it goes to final plat, what the
issue was there.
Mayor Furlong: Okay. Work with staff I guess or to staff’s approval at this point unless there’s,
I mean it was obviously because as Ms. Aanenson said, it went from 3 to 1. There’s a reason for
it.
Kate Aanenson: There’s a rationale and I’m sorry, I don’t.
Mayor Furlong: It went from lowest to first, right.
Kate Aanenson: Correct.
Mayor Furlong: Okay.
Kate Aanenson: Whether they’re lookout, walkouts, we’ll have to look at that.
Mayor Furlong: Okay.
Todd Gerhardt: I think it has to do with those row of townhouses on the west side, and floor
elevation there is why that had to get adjusted.
Mayor Furlong: Okay.
Todd Gerhardt: But we’ll look at that before the final plat.
Mayor Furlong: Okay. Alright. Any other questions that kind of go into, that went with the
grading? There’s been a change in grading there. Any other questions for staff? I guess at this
point, since this was brought back, or tabled with specific direction, I guess I’d ask, I don’t know
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City Council Meeting – July 24, 2006
if we have to go through a repeat of last meeting in terms of applicant presentations and
everything, but I certainly want to make sure the council has an opportunity to ask any questions
that you have, whether it’s of staff or it’s of the applicant or if there’s any other information the
council is interested in receiving clarifications, either on the staff report or questions of the
applicant.
Councilman Labatt: So Kate, just to clarify. So the issue with the height, on the Building B. On
the corner there.
Kate Aanenson: That’s Building A.
Councilman Labatt: A, I’m sorry. You’re still recommending the variance for the pitched roof.
Kate Aanenson: That’s correct.
Councilman Labatt: Okay, thanks.
Mayor Furlong: Is there a quick comment? Or a question of us or.
John Vogelbacher: Just a comment. Clarification.
Mayor Furlong: Okay.
John Vogelbacher: John Vogelbacher with Sienna. We were talking about the tree clearing, and
I just want to be certain that the council, there wasn’t any confusion as to what we’re proposing,
and in our initial presentation at the last council meeting I believe we identified 3 significant
trees. Three large trees that were behind Building A that would be, had been preserved. And
since that time we’ve modified the grading plan to eliminate all grading behind that building so
that basically right now we’ve identified 10 trees. Not all of them are significant but they are
nice trees. The bulk of the trees there are elm and box elder, and that’s the bulk of the trees that
are behind the building, and the ones that are in Eden Prairie. There’s no question that we’ll
have to go through a process to have the City of Eden Prairie approve whatever we do in the City
of Eden Prairie. But in terms of what our presentation is, is currently what we have is 10 trees
that are nice. They’re all either ash. Predominantly most of them are burr oak and good healthy
trees, and those are the ones that on the grading plan are identified as being preserved, and we
can do that because we’re not doing any grading behind the building, so I just wanted to be clear
that our proposal would be to clean that area up and to save the significant trees and species, and
just wanted to be sure that the council was aware of what our intentions were as we go over and
visit with Eden Prairie.
Mayor Furlong: Okay. Thank you.
Councilman Lundquist: So on the Chanhassen side, behind Building A, other than those 10, it’s
your intention to clean out all of the elms and all of the lesser trees in there?
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City Council Meeting – July 24, 2006
John Vogelbacher: That’s correct. That’s correct, right. So we have actually identified the
exact trees and their location on the grading plan as to the ones that would be preserved and the
rest we would be looking to remove and to finish that area with a trail and turf and such so.
Councilman Lundquist: Any idea how, what the percentage or, so you’re 40 feet from the line
and that line is essentially 40 feet from the fence that’s there now, right?
John Vogelbacher: Yes.
Councilman Lundquist: Pretty close to. Okay, alright. Thank you.
Mayor Furlong: Any other questions for the applicant? Okay. Very good. Again, this was
brought back so I guess at this point I would open it up to the council for discussion and/or as
part of that discussion, any clarifying questions. As we move towards consideration of the
proposal and the recommended motions. Thoughts. Comments.
Councilman Lundquist: Glad to see the progress on the setback variances. I think it’s debatable
whether the curved street is better than straight, or not, and how that looks. But it is good to
eliminate that variance and create that buffer there as well I believe. For the height variance, I
guess although I was you know the driver behind looking to reduce that or eliminate that height
variance, that flat roofed building doesn’t appeal to me really, compared to the pitched roof, so I
like the pitched roof better. It matches the buildings along side of it, and you know what’s in
that area so, I’m inclined to go for the pitched roof there. The third variance, I didn’t have any
issues on. I think we’ve got, you know we’re still in a, maybe the cart before the horse a little bit
here with some you know confusion and things going on with the City of Eden Prairie and on
that side and this side, so but I guess what we’ll look at, what I’ll look at tonight is, trust that the
City of Eden Prairie’s going to do what they think is best too for that overall and help us create
that buffer like we talked about last time so I’m comfortable with where we’re at on changes
here. Pulling those back. Still like to encourage, see you know as we come back between now
and final plat, if there’s some other, the rendering is good to see that. Like to see that picture is a
lot easier to tell what’s going on. I’m glad to see that the lakeside is buffered heavily, which is
good. Makes me feel a lot better from that and from the road there. Will be minimal impact.
But to see you know, guess I’m going to rely on the City of Eden Prairie then to you know push
that landscape piece through that when that trail goes through that 40 foot buffer to see if there
isn’t something else more that we can do on the buffering in that building and go from that, so
with the changes that are there, you know it’s not 100% ideal I guess but I’m convinced that
there’s going to be something on this site eventually and as we talked last time, the architecture
is still strong. It’s a good product overall so I’d like to, I’m comfortable going forward now and
you know it will be on the developer’s shoulders then to work out the other piece and that 40
foot outlot and see what they can come up with to help buffer the Eden Prairie side of the project.
I know that the residents on the Chanhassen side here are comfortable with what they’ve got and
seeing that Lakeview guarded now, I’m comfortable with that as well.
Mayor Furlong: Okay. Very good, thank you. Other comments. Councilwoman Tjornhom.
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City Council Meeting – July 24, 2006
Councilwoman Tjornhom: Well I think I’ll just stick to my comments I made at our last
meeting. This project I think speaks for itself. I think it’s going to be an asset to our town. I
think that progress, positive progress was made when you think about the fact that there are, that
the setback variance has been deleted and that they have made an effort to save some more trees
to make a better buffer. I’m going to go along with staff’s recommendation for the 8 foot
variance for the pitched roof. I think that’s a much better product than a flat roof. And of course
last time I supported the beachlot variance and so I just, I’m thrilled that this…coming before us
and I wish them good luck.
Mayor Furlong: Thank you. Councilman Labatt.
Councilman Labatt: You know I don’t disagree with anything that Councilwoman Tjornhom or
Mr. Lundquist have said tonight on this project. It is a great opportunity for our city to take care
of 26 acres of land and redevelop it. The issues that Kate had addressed earlier, the height, I
would agree wholeheartedly with Building A to go with the pitched roof, and not the flat top.
That flat top says nothing and.
Mayor Furlong: You’re not talking about my haircut or anything.
Councilman Labatt: No. Not the haircut. So I like the, I like the pitched roof. Happy to see the
request for the variances on the eastern setback is gone. And the beachlot I can support that
variance too.
Mayor Furlong: Alright, thank you. Appreciate the comments. Last week, or excuse me, 2
weeks ago last meeting when we considered this, you know we asked as a council, staff to look
into some potential changes to eliminate the variances. We’ve talked about that tonight. There
were some changes on the part of the applicant that we wanted to make sure, even though they
appeared to meet the requirements, that they did take the time to do that. And then also for staff
to incorporate comments at the meeting into the Findings of Fact and I think that was certainly
done as well with the distributed, those distributed with the staff report. I think the other thing
that occurred to me as I was reading through the report here is, where we are and the few things
that we’re discussing at this point is at the culmination of a very long process. And I know, as
I’ve been involved in this council, this current property has been an issue for the city. For the
nearby residents on all sides, and there were desires knowing that this property eventually would
be redeveloped, there were desires to make improvement in the area. I think a lot of those
improvements have been incorporated into this development. In fact just about all of them, even
up to the point now that, as Councilwoman Tjornhom said, you know the, it was alluded to as
well by Councilman Lundquist. Eliminating the request for the setback variance. I think that’s
an improvement. We can debate curved street versus straight. We may have different opinions
there, but I think I’ll always try to lean towards eliminating requests for variances as opposed to
not to. But I think while we might be able to debate that, I’m sensing that there’s very little
debate on whether or not to go with the height variance on Building A, which isn’t aesthetically
pleasing decision to make and not one that I would support. So I think, you know I appreciate
staff’s effort. I appreciate the developer’s effort. I appreciate all those that were involved in the
process. Back even before this current developer got involved years ago, comments that I was
receiving from our residents and others on how to improve this part of our town and I think this
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City Council Meeting – July 24, 2006
will be an improvement and I think it’s something that we’ve worked hard to get. So I’m
pleased with where we are. I agree with staff’s recommendation on all the various items and
sounds like my fellow council members are in agreement with those as well. I think we’ve got a
proposal now in front of us that is an improvement. We took a look at some options and I think
Councilman Peterson was the one that said, let’s look at some things and see if we’re making,
going to make some gains or not. I think that Building A is a classic example of looking at
something and saying no. Don’t want to go there and, but we looked at it, so I think from that
standpoint that was good. With that, I want to thank everybody that’s been involved in the
process all the way along. Not only staff and the developer but residents as well that have
participated in the process. I spoke to that last meeting about how sometimes the process may
seem slow but I think there’s sometimes it’s important to take time to make sure we get it as
good as we can, and I think we’ve reached that point at this time so, I’m looking forward to
moving this forward and seeing this property be redeveloped based upon the plans that have been
put before us this evening. Any other comments? Questions at this point. We’ve got a number
of revised motions that have been distributed in hard copy as well so at this point, unless there
are any.
Councilman Labatt: Can I just ask for quick clarification? On page 28 of 33 then, number 37.
Are we going to leave it as is or are we going to? How we going to deal with that 3 or 1?
Mayor Furlong: I guess my question there or my thought would be to direct to staff how do you
want to deal with that? Do we go with the 1? There was a reason for this revision taking place
so we have to, have them work with staff. I’m assuming that there was a rational decision at the
same time want to make sure that we’re not going to cause the problem.
Kate Aanenson: If it’s okay, just on number 37 just say that the proposed grading plan in the
northwest corner near the wetlands needs to be adjusted so that it meets city standards. So we
can just leave it at that and then we’ll clarify that when it comes back for final plat.
Mayor Furlong: Okay, thank you. Does that make sense to you Councilman Labatt?
Councilman Labatt: (yes).
Mayor Furlong: And again, at this point we’ll get any clarifying questions or other comments or
discussion? If not, at this point I’d entertain a motion. We have what, four. A, B, C and D in
front of us that have been distributed. Is there a motion?
Councilman Labatt: May I’d move that we, City Council approves the rezoning of property
located within the Lakeside development for High Density Residential District (R12) to Planned
Unit Development-Residential (PUD-R), incorporating the development standards contained
within the staff report subject to the final plat and approval for the Lakeside development.
Mayor Furlong: Thank you. Is there a second?
Councilwoman Tjornhom: Second.
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City Council Meeting – July 24, 2006
Mayor Furlong: Made and seconded. Any discussion on that motion?
Councilman Labatt moved, Councilwoman Tjornhom seconded that the City Council
approves the rezoning of property located within the Lakeside development from High
Density Residential District (R12) to Planned Unit Development-Residential (PUD-R),
incorporating the development design standards contained within this staff report, subject
to the final plat approval for the Lakeside development. All voted in favor and the motion
carried unanimously with a vote of 4 to 0.
Mayor Furlong: That motion prevails. Motion B.
Councilman Labatt: I would move that we, City Council approves the preliminary plat for
Lakeside, plans prepared by Pioneer Engineering dated May 19, 2006, revised June 7, 2006,
revised July 17, 2006. There’s a typo there?
Mayor Furlong: Nope.
Councilman Labatt: With the revised grading plan dated July 24, 2006, and a revised tree
th
preservation plan dated received July 24 subject to the following conditions 1 through 55 with
amending number 33 to read the proposed. Or 33. The proposed grading plan in the northwest
corner near the wetlands needs to be adjusted so that it meets city standards.
Mayor Furlong: And that was condition 37.
Councilman Labatt: 37.
Mayor Furlong: Thank you. Thank you, is there a second to that motion?
Councilwoman Tjornhom: Second.
Mayor Furlong: Made and seconded. Any discussion? Comments. Seeing none we’ll proceed
with the vote.
Councilman Labatt moved, Councilwoman Tjornhom seconded that the City Council
approves Preliminary Platfor Lakeside, plans prepared by Pioneer Engineering, dated
the
May 19, 2006, revised June 7, 2006 and July 17, 2006, with a revised grading plan dated July
24, 2006, and a revised tree preservation plan dated July 24, 2006, subject to the following
conditions:
1.The developer must submit a list of proposed street name(s) and an addressing plan to
Chanhassen Building Official and Chanhassen Fire Marshal for review and approval prior to
final plat of the property.
2.Each lot must be provided with separate sewer and water services.
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City Council Meeting – July 24, 2006
3.Additional fire hydrants will be required. Please contact the Chanhassen Fire Marshal for
exact location of additional hydrants and any to be relocated.
4.A minimum buffer of 16.5 to 20 feet shall be preserved around the perimeter of the wetland.
All structures (including parking lots) shall maintain a 40-foot setback from the wetland
buffer. All trails and retaining walls shall be modified to remain outside the wetland buffer.
The plans shall be revised to reflect the required wetland buffer and wetland buffer setback.
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 before construction
begins and shall pay the City $20 per sign.
5.The plans shall be revised to depict the OHW of Lake Riley, which is 865.3.All structures
shall be located a minimum of 75 feet from the OHW. The proposed fire pit shall be located
a minimum of 75 feet from the OHW and shall be buffered from the lake by vegetation. No
grading or intensive clearing of vegetation shall occur within the shore impact zone (all areas
within 37.5 feet of the OHW).
6.A conditional use permit (CUP) shall be obtained from the City prior to the operation of a
recreational beach lot.
7.All existing amenities and/or structures (including any docks, existing beach that is not
proposed to remain and the boat launch) on Outlot B, North Bay shall be removed. A boat
launch is not permitted.
8.The location of the building on Lot 1, Block 1 shall be adjusted to respect all drainage and
utility easements.
9.The applicant shall supply details about the water feature between the rear yards of the units
in Block 3, specifically the source for the water in the water feature. As an alternative to the
current proposal, the applicant should consider revising the plans to utilize storm water as an
amenity as part of a rain garden system in this area.
10.The applicant shall provide additional information detailing the proposed emergency
overflow (EOF) route from Pond 1 to Lake Riley.
11.The grading and landscaping proposed around Pond 1 shall be revised to provide a flat, open
area so maintenance equipment can access the flared end sections from Lake Riley Road East
without damaging the retaining wall or the landscaping and without being below the NWL of
the pond.
12.All storm water infrastructure, including catch basins, storm sewer pipes, manholes, flared-
end sections, outlet structures, ponds and swales, shall be owned, operated and maintained by
the developer and, eventually, the homeowners association. Prior to final plat recording, the
developer shall enter into an agreement with the City that outlines the parameters of
operation, inspection and maintenance of the storm water infrastructure. This agreement
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City Council Meeting – July 24, 2006
shall be transferred to the homeowners association prior to the developer relinquishing
responsibility for the development.
13.The SWPPP shall be provided to the City for review by the Carver Soil and Water
Conservation District.
14.The plans shall be revised to show that erosion control blanket will be installed over all areas
with 3:1 slopes or steeper.
15.A stable emergency overflow (EOF) for the pond shall be provided. The EOF could consist
of riprap and geotextile fabric or a turf re-enforcement mat (a permanent erosion control
blanket). A typical detail shall be included in the plan.
16.Energy dissipation shall be provided for all inlets and outlets within 24 hours of installation
17.Wimco-type or other comparable inlet controls shall be used and installed within 24 hours of
installation of the inlets. Perimeter controls and inlet protection shall be in place and
maintained as needed until 70% of the vegetation is established.
18.Typical building lot controls shall be shown on the plan in a typical detail. These controls
shall include perimeter controls (silt fence), rock driveways, street sweeping, inlet control
and temporary mulch after final grade and prior to issuing the Certificate of Occupancy
(CO).
19.The proposed storm water pond shall be used as a temporary sediment basin during mass
grading. The pond shall be excavated prior to disturbing up-gradient areas. Plans shall show
how the temporary basin will be constructed and how water will be diverted to the temporary
basin. Berms and/or ditches may be needed to divert water to the pond, and temporary pond
outlets are needed. The outlet could be a temporary perforated standpipe and rock cone. The
plans shall be revised to include a detail for the temporary pond outlet.
20.The proposed silt fence along Wetland Basin B shall be Type 2 silt fence, as specified in
Chanhassen Standard Detail Plate 5300. Type 1 silt fence may be used for the remainder of
the site. The grading plan shall be revised to show the proposed silt fence following the
grading limits for the site and shall be located outside of the required 16.5-foot wetland
buffer. Silt fence shall be placed at the proposed high water level elevation of the proposed
storm water pond.
21.Street gutters and catch basins are considered “surface waters” and shall be protected from
exposed soils with a positive slope within 200 linear feet. Following installation of curb and
gutter, silt fence shall be installed curbside along all positive slopes to the street with exposed
soils.
22.Plans shall be revised to show erosion and sediment control measures for the road ditch along
Lyman Boulevard. All perimeter controls shall be inspected by the city and the SWCD prior
to grading.
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City Council Meeting – July 24, 2006
23.Details for concrete washout areas where drivers will wash out their trucks and how the
water will be treated should be developed and included in the SWPPP.
24.Street cleaning of soil tracked onto public streets shall include daily street scraping and street
sweeping as needed.
25.At this time, the estimated total SWMP fee, due payable to the City at the time of final plat
recording, is $195,293.
26.The owner/operator of the proposed development 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.
27.Tree protection fencing shall be installed prior to construction around all areas designated for
preservation and/or at the edge of proposed grading limits.
28.A walk-through inspection of the silt/tree preservation fence shall be required prior to
construction.
29.No burning permits shall be issued for tree removal. All trees removed on site shall be
chipped and used on site or hauled off.
30.The applicant shall increase landscape plantings along the east property line to minimum
bufferyard requirements.
31.No trees shall be removed behind the northwestern corner of the silt fence as shown on
grading plans dated 05/19/06.
32.A total of 139 trees shall be planted in the development as required for canopy coverage.
33.All existing buildings, driveways and accessory structures must be removed before grading
commences.
34.The lowest floor elevation of 106 Lakeview Road East must be field verified.
35.The high water level of the proposed pond must be minimum three feet lower than the lowest
floor elevation of the adjacent homes along Lakeview Road East.
36.The high water level of the wetland must be determined.
37.The proposed grading in the northwest corner near the wetland needs to be adjusted to meet
city standards.
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City Council Meeting – July 24, 2006
38.Pavement grades at the following locations must be adjusted so that the grade does not
exceed 7%: West of Building A, and the northern street extending from the Lakeview Road
East intersection.
39.Private driveway grades shall not exceed 10%.
40.Ground (ie. non-paved) surface grades shall not be less than 2%.
41.Emergency overflow locations and elevations must be shown on the plan.
42.High point elevations between the catch basins must be shown along the east side of Block 2.
43.Each lot must be provided with separate sewer and water services.
44.An easement is required from the appropriate property owner for any off-site grading. The
developer must receive approval from the City of Eden Prairie for grading in to the Outlot for
rd
Bearpath 3 Addition.
45.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.
46.Building permits are required for all retaining walls four feet tall or higher and must be
designed by a Structural Engineer registered in the State of Minnesota.
47.All sanitary sewer, watermain and storm sewer within this site shall be privately owned and
maintained.
48.The watermain extension from Lyman Boulevard must be wet-tapped and must be done
under traffic.
49.The developer must provide ingress/egress to the North Bay residents for the duration of the
utility extension within Lake Riley Road East.
50.Each new lot is subject to the sanitary sewer and water hookup charges. The 2006 trunk
hookup charge is $1,575 for sanitary sewer and $4,078 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.
51.The 15-foot wide sanitary sewer easement on the northwest side of the property must be
vacated.
52.The proposed pool house must not lie within the drainage and utility easement.
53.The payment of full park dedication fees at the rate in force upon final plat approval in lieu of
parkland dedication.
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City Council Meeting – July 24, 2006
54.The applicant shall provide all design, engineering, construction and testing services required
of the “Lyman Boulevard Trail.” All construction documents shall be delivered to the Park
and Recreation Director and City Engineer for approval prior to the initiation of each phase
of construction. The trail shall be 10 feet in width, surfaced with bituminous material, and
constructed to meet all city specifications. The applicant shall be reimbursed for the actual
cost of construction materials for the Lyman Boulevard Trail. This reimbursement payment
shall be made upon completion and acceptance of the trail and receipt of an invoice
documenting the actual costs for the construction materials utilized in its construction.
55.The trail connection at the northeast corner of the site connecting the Lakeside area to the future
Highway 212 trail and underpass, as depicted in the applicant’s plans, is completed.”
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
Mayor Furlong: That motion prevails. Motion C.
Councilman Labatt: I move that the City Council approves the plans, approves the Site Plan for
231 housing units and a community building with a pool, plans prepared by Pioneer Engineering
dated May 19, 2006, revised June 7, 2006 and July 17, 2007? Isn’t that a typo there? 2006.
With a revised grading plan dated July 24, 2006, and a variance for building height for the
condominium units consistent with the building elevations prepared by Harriss Architects,
th
stamped received May 26, subject to the following conditions 1 through 16.
Mayor Furlong: Thank you. Is there a second?
Councilwoman Tjornhom: Second.
Mayor Furlong: Made and seconded. Any discussion on that motion?
Councilman Labatt moved, Councilwoman Tjornhom seconded that the City Council
approves the Site Plan for 231 housing units and a community building with pool, plans
prepared by Pioneer Engineering, dated May 19, 2006, revised June 7, 2006, and July 17,
2006, with a revised grading plan dated July 24, 2006, with a variance for building height
for the condominium units consistent with the building elevations prepared by Harriss
Architects, stamped received May 26, 2006, 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 pool, including the pool deck, shall be relocated outside the 50-foot setback from Lyman
Boulevard.
3.Accessibility must 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.
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City Council Meeting – July 24, 2006
4.Buildings over 8500 square feet of floor area are required to be protected with an automatic
sprinkler system. For the purposes of this requirement property lines do not constitute
separate buildings and the areas of basements and garages are included in the floor area
threshold.
5.The buildings will be required to be designed by an architect and engineer as determined by
the Building Official.
6.Demolition permits must be obtained before demolishing any structures on the site.
Application for such permits must include hazardous substances investigative and proposed
mitigation reports.
7.A final grading plan and soils report must be submitted to the Inspections Division before
permits can be issued.
8.Walls and projections within three feet of property lines are required to be of one-hour fire-
resistive construction.
9.Retaining walls over four feet high require a permit and must be designed by a professional
engineer.
10.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.
11.Yellow curbing and “No Parking Fire Lane” signs will be required. Contact Chanhassen Fire
Marshal for exact location of yellow curbing and locations of signs to be installed.
12.Fire apparatus access roads 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.
13.Temporary street signs shall be installed at street intersections once construction of the new
roadway allows passage of vehicles. Pursuant to 2002 Minnesota Fire code Section 501.4.
14.Fire apparatus access roads 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 State Fire Code Section 503.2.3.
15.No burning permits shall be issued for trees to be removed. Trees and shrubs must either be
removed from site or chipped.
16.Approved fire apparatus access roads (driveways) shall be provided for every facility,
building or portion of a building hereafter constructed or moved into or within the
jurisdiction. The fire apparatus access roads shall comply with requirements of Section 503
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City Council Meeting – July 24, 2006
and shall extend to within 150 feet of all portions of the facility or any portion of the exterior
wall of the first story of the building as measured by an approved route around the exterior of
the building or facility. Exceptions: Fire Marshal is authorized to increase the dimension of
150 feet where the building is equipped throughout with an approved automatic sprinkler
system in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3. Pursuant to Section
503.1.1 2000 Minnesota Fire Code.”
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
Mayor Furlong: That motion prevails. Motion D.
Councilman Labatt: I move that the City Council approves Conditional Use Permit for a
recreational beachlot with a variance from the requirement of 80% of the units live, 80% of the
units within 1,000 feet of the recreational beachlot. Prepared by Pioneer Engineering dated May
19, 2006, revised June 7, 2006, subject to the following conditions 1 through 9.
Mayor Furlong: Thank you.
Councilman Labatt: Do we have to say with the Findings of Fact here?
Roger Knutson: I’ll get to that. I’ll recommend that as your next motion after…
Mayor Furlong: Thank you. Motion D has been moved. Is there a second?
Councilwoman Tjornhom: Second.
Mayor Furlong: Made and seconded. Any discussion on motion D?
Councilman Labatt moved, Councilwoman Tjornhom seconded that the City Council
approves a Conditional Use Permit for a recreational beachlot with a variance from the
requirement that 80 percent of the units within 1,000 feet of the recreational beachlot,
plans prepared by Pioneer Engineering, dated May 19, 2006, revised June 7, 2006, subject
to the following conditions:
1.A conditional use permit (CUP) shall be obtained from the City prior to the operation of a
recreational beach lot.
2.The plans shall be revised to depict the OHW of Lake Riley, which is 865.3.All structures
shall be located a minimum of 75 feet from the OHW. The proposed fire pit shall be located
a minimum of 75 feet from the OHW and shall be buffered from the lake by vegetation. No
grading or intensive clearing of vegetation shall occur within the shore impact zone (all areas
within 37.5 feet of the OHW).
3.The area of Outlot B shall be recalculated to include only the area within the outlot above the
OHW. The amount of shoreline for Outlot B shall be calculated along the OHW. The
number of docks and slips permitted by the conditional use permit for the beach lot shall not
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City Council Meeting – July 24, 2006
exceed the number of docks and slips allowable by City Code for the actual beach lot area
and frontage.
4.All existing amenities and/or structures (including any docks, existing beach that is not
proposed to remain and the boat launch) on Outlot B, North Bay shall be removed. A boat
launch is not permitted.
5.The applicant shall work with staff on the design of and materials for proposed path from
Lyman Boulevard to the dock to minimize the impacts of runoff from the path to the
shoreline and Lake Riley.
6.The proposed walking path along the shoreline shall be made of a pervious surface such as
mulch, crushed rock or turf grass and shall not be located below the OHW. Special attention
shall be paid to ensure that the path materials are not prone to erosion. The plans shall be
revised to show the woodland gardens above the OHW of Lake Riley.
7.An individual permit shall be obtained from the DNR for any beach sand applications that do
not meet the DNR standards for sand blanket applications without an individual permit.
8.One beach area shall be permitted to minimize impacts to the lake and to adjacent residents.
9.The applicant shall work with staff on the placement of the beach lot infrastructure to
preserve as many of the existing trees in that area as possible. A survey of the area with the
tree locations will be required and used to facilitate tree preservation. The applicant shall
also work with staff on the location of the woodland path and woodland gardens along the
path.”
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
Mayor Furlong: That motion prevails.
Roger Knutson: Mayor, then it would be appropriate to adopt the Findings of Fact which are in
your packet that relate to all the items you just voted on.
Mayor Furlong: Relating to A.
Roger Knutson: A through D. That is correct.
Mayor Furlong: Thank you. Is there a motion to such effect?
Councilman Labatt: So moved.
Mayor Furlong: Thought I was losing you there. Thank you. Is there a second?
Councilwoman Tjornhom: Second.
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City Council Meeting – July 24, 2006
Councilman Labatt moved, Councilwoman Tjornhom seconded to adopt the Findings of
Fact relating to motions A through D as presented in the staff report. All voted in favor
and the motion carried unanimously with a vote of 4 to 0.
Mayor Furlong: Anything else on this matter?
Todd Gerhardt: No.
Mayor Furlong: Very good, thank you. Thank you everyone. Very good. At this time I’ll take
a slight recess. Ask council to remain in our chairs. We’ll start up again in just a minute.
COUNCIL PRESENTATIONS:
Mayor Furlong: Any council presentations?
th
Councilwoman Tjornhom: Mr. Mayor, I attended the 10 anniversary of Centennial Hills. It
was a beautiful day and good turnout and it was just a great celebration for all who participated
in the past and are there now in the present and looking forward to being here for the next
anniversary so, it was a good day.
Mayor Furlong: Well we appreciate you representing the council at that event.
Councilman Lundquist: Mr. Mayor, just like to again, in regards to the fire last week. Pass
along some positive comments that I received from some of my neighbors or several of the
neighbors on Mr. Gerhardt, how he handled the situation. Got a lot of positive comments on
offering assistance and help, along with the fire department to the resident there. The
homeowners and those things and how that situation was handled and responding quickly to
getting it boarded up and those things too. There was a lot of kids running through the
neighborhood. The house is in pretty bad shape so, keep those curious little kids running around
at a potential there so, and I did receive several positive comments from the neighbors on that so
Todd, thank you for your efforts and much appreciated.
Todd Gerhardt: Yep.
Mayor Furlong: Very good.
Todd Gerhardt: Mayor I’d just like to add a few comments to that. It’s always amazing to go
out to scenes like this and you think there’s going to be all this chaos going on and you know
when you don’t train like the fire department does for this type of stuff, I mean every Monday
they’re over at the fire station training for some type of major event that’s going to go on. A
majority of it is fire but there’s a variety of other things and when you go out to the scene and
watch them in action, it’s just amazing how organized it is. They run it like a business. They
have the command area and they’re tracking everybody. The rest of the firemen are waiting for
direction. It’s just very, very organized and Greg Geske and the rest of the firemen do a fantastic
job with the help of Carver County Deputies and I’m just proud to be out there to watch it all and
just stay out of the way and I’m the guy where, keep an eye on him. You know he’s on the cell
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City Council Meeting – July 24, 2006
phone to be talking to be so, but they do a great job and we should be very proud of our fire
department.
Councilman Lundquist: And my comments, not to diminish the effort of the fire department,
comments before. I think the, as Chief Geske said, when you’re standing there watching your
neighbors house go up in flames, it seems like it’s 6 hours and not 6 minutes but you have
comments, once the department was on the scene, they got things under control very quickly and
actually were able to minimize the damage to the house next door. Just some melted vinyl siding
which given the proximity of the houses could have been a lot worst so you know, it was by the
time they got there it was not a lot that they could do so, also positive comments once on scene
handled it very well and got it under control and did that so, not to diminish the performance of
the department or sheriff’s at all, by any means. They did a fantastic job, given what they had to
work with.
Mayor Furlong: Very good, thank you. Unfortunately all their training, you hope they never
have to use it but when they do, it’s nice to see how it all pays off and appreciate all their efforts.
Okay. Thank you. Other council presentations.
Councilman Labatt: Sure.
Mayor Furlong: Councilman Labatt.
st
Councilman Labatt: Yeah. August 1 I’ll be moving out of Chan. And ending my, after 8
years, excuse me. So it has been an honor to serve with you Tom and Brian and Bethany and
Craig. And you Todd. It’s been 13 years after Public Safety Commission and Council, and
changes in my home life. Personal life so it’s time, I’ll be moving to a northern suburb and I
wish you all the best of luck.
Mayor Furlong: Well, I will start and fortunately we’re going to have you back here because we
don’t have a Maple Leaf right now, so as they say, I reserve my reply and extend my remarks.
Steve, I’m going to miss you a lot, and I appreciated your counsel, especially on issues of public
safety and others and your insight, and we’re going to miss you. I appreciate the relationship
that you’ve provided to the council over the years as well. It’s been a joy to serve with you. So,
but again we’ll have you back.
Councilman Labatt: Okay.
Mayor Furlong: And you know talk a little bit more about your service and years of service.
Councilman Labatt: Good.
Todd Gerhardt: Mayor I’d just like to add that Steve’s resignation from the City Council and it’s
bittersweet for us I think. You know Steve has been an outstanding City Council member. For
the past 8 years he’s served on the City Council and the best example I can give comes from
Commissioner Tom Workman on his 4 years on the City Council it was like going back to
college. We deal with some very complicated and sometimes emotional issues and Steve has
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City Council Meeting – July 24, 2006
dealt with this for 8 years and has done a fantastic job. I know that he’s always stayed connected
with me throughout that period. Continuing to follow up on issues when, you know a lot of it
was on the public safety side of it, but also personal issues with residents or accidents that may
have occurred in the community. But Steve has done, been involved with so much. He served
on our public safety commission 6 years prior to getting on the City Council, and there may be
some overlap there when you were on the City Council, but helped us in a variety of things to
make the police contract with Carver County much better. Helped us just think about some of
the things we accomplished here these past 8 years with water treatment. Our overall trail and
park system. The Chanhassen new library. Starting from the planning to the final development
of that. Probably I don’t know how many residential units that you’ve been involved with.
Quite a few.
Councilman Labatt: Kate would probably know.
Kate Aanenson: A lot.
Todd Gerhardt: But you know, on behalf of the, my staff and I’ve got to speak for the rest of the
council and previous council and mayors, you’re going to be dramatically missed with your
experience and knowledge of what you’ve gained over this past 8 years and as our friendship has
grown, I’m going to miss you personally in things I share with you and you share with me and
I’m going to miss that a lot.
Councilman Labatt: Yeah.
Todd Gerhardt: So thank you very much.
Councilman Labatt: You’re welcome. Thank you.
Councilman Lundquist: Steve, it’s been an interesting 4 years I guess. Most of the time we
agree. Not always but the one thing I think I always admired and counted on you for was all the
history of all the, you had this uncanny knack of remembering things that happened 7 years ago.
Some strange condition, obscure thing in some deal somewhere, to pull it out. You know but for
whatever reason in that circumstance it was important and had some bearing on it so even that
was something that I always admired that you were able to pull that stuff out. And you know
wish you the best of luck in going forward in all the changes and things in your personal life. I
hope that stuff works out for you and it’s been great serving with you and best of luck in the
future.
Councilman Labatt: Thank you.
Councilwoman Tjornhom: And Steve I want to ask you to stay again. I won’t go there again
with that whole.
Councilman Labatt: She was the first one I called.
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City Council Meeting – July 24, 2006
Councilwoman Tjornhom: I offered to help anyway I could. But I just want to say thank you. I
came on as a rookie and I really leaned on you a lot during those work sessions. Asking you
questions and you were always there to help me and I really relied on your support and I just
really appreciated the things that you taught me. And you are going to be missed. You were a
real part of this community and I think you know, you have a civic duty that you do and then
also here, and you’re a big asset to our whole town and we’ll miss you but congratulations on
brighter days ahead, and please keep in touch.
Councilman Labatt: I will.
Mayor Furlong: Obviously that creates an issue for the remaining 4 of us. Mr. Gerhardt, I know
you and I chatted today but I guess I’d prefer to, or ask that possibly next meeting we put an item
on our agenda to talk about options with regard to the council vacancy.
Todd Gerhardt: Staff will do that, yep.
Mayor Furlong: Okay, excellent. Just to continue the thoughts on this issue. Had a wonderful
week this last week with my family in South Dakota, in the Black Hills and we went to see
Mount Rushmore, which I was looking forward to. I’d never seen it. It was a, gave you tingles
and a sense of patriotism. My children enjoyed it as well, but one of the things that it reinforced
for me personally was just how fortunate we are as a country to have a system of government
that we do. A representative democracy by our own citizens and to talk about and relive for, or
re-listen to the story of the Revolutionary War. The fight for independence from a monarchy. It
was something that was very touching for me. I bring it up now in part because Steve you will
be part of that. Public service. Resident of this city for how many years.
Councilman Labatt: 18.
Mayor Furlong: 18 and serving as an elected official and now unfortunately as Todd said,
bittersweet for us. Happy for you for what you’re going to, but sorry to see your leave but now
return to a private citizen. And while that’s an important part I guess. Just thinking about what,
when I saw your e-mail last night when I came home… It just reinforced what a wonderful
country we are all fortunate to live in and our form of government so, thank you very much for
your service. Any other discussions or council presentations at this point?
ADMINISTRATIVE PRESENTATIONS:
Todd Gerhardt: The only thing I have to add right now is that we have gone over to Byerly’s and
got a going away cake so we would ask everybody in the audience and anybody that would like
to come up and say good-bye to Steve informally. We’re going to have more of a formal send
off when we get the Maple Leaf done, but at the conclusion of this meeting we’re going to serve
up some cake and thank Steve personally.
Mayor Furlong: Thank you. Any questions for Mr. Gerhardt?
Councilwoman Tjornhom: Ask him about the cake?
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City Council Meeting – July 24, 2006
Mayor Furlong: I’m going to open that up to any other city related matters as well. Seeing none,
very good.
CORRESPONDENCE DISCUSSION.
None.
Councilman Labatt moved, Councilman Lundquist seconded to adjourn the meeting. All
voted in favor and the motion carried. The City Council meeting was adjourned at 8:10
p.m..
Submitted by Todd Gerhardt
City Manager
Prepared by Nann Opheim
30