CC Minutes 9-29-05
CHANHASSEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 29, 2005
Mayor Furlong called the meeting to order at 7:05 p.m. The meeting was opened with the
Pledge to the Flag.
COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilwoman Tjornhom, Councilman
Peterson, Councilman Labatt and Councilman Lundquist
STAFF PRESENT: Todd Gerhardt, Justin Miller, Roger Knutson, Bob Generous, Paul Oehme,
and Todd Hoffman
PUBLIC PRESENT FOR ALL ITEMS:
Danny DeHoyos
Chad Varner
Daniel Knighton
Joseph Pittsley
Tyler Hokanson
Richard, Jeffrey & Robbie Lyman
Brendon Harris
Micah Baird
Debbie Lloyd
Janet & Jerry Paulsen
Shayne Eyre
921 Bluff Pass South
2438 Hunter Drive
17087 Hanover Lane, Eden Prairie
8218 Hillside Drive, Eden Prairie
2188 Grimm Road, Chaska
2441 Clover Field Drive, Chaska
18654 Vogel Farm Trail, Chaska
9648 Jonathon Lane, Eden Prairie
7302 Laredo Drive
7305 Laredo Drive
1100 Lake Susan Drive
PUBLIC ANNOUNCEMENTS:
Mayor Furlong: Welcome everybody. We appreciate you joining us here this evening and for
those watching at home as well. We do have some boy scouts in our gallery this evening from
Troop 296 I believe so welcome to them as well. They're working on their citizenship in the
community badge. At this time I'd like to ask if there are any modifications or changes to the
agenda that was distributed with the packet. If not, without objection we'll proceed with the
agenda as distributed.
CONSENT AGENDA: Councilman Peterson moved, Councilwoman Tjornhom seconded
to approve the following consent agenda items pursuant to the City Manager's
recommendations:
a. Approval of Minutes:
-City Council Work Session Minutes dated September 12,2005
-City Council Verbatim & Summary Minutes dated September 12, 2005
Receive Commission Minutes:
-Planning Commission Verbatim & Summary Minutes dated September 6,2005
City Council Meeting - September 29,2005
b. Resolution#2005-79: Call Assessment Hearing for TH 312/212 Improvements, Project
Numbers 03-09, 04-05, 04-06.
c. Resolution#2005-80: Call Assessment Hearing for 2005 MUSA Improvements, Phase I,
Project 04-05.
e. Approval of Registered Land Surveys for:
Resolution#2005-81: Lot 6, Block 1, Christmas Acres, Subdivision #05-02.
Resolution#2005-82: 860,890 and 910 Pleasant View Road, Subdivision #05-09.
f. Approval of Amendment to City Code Relating to the Disposal of Unclaimed Property,
including Summary Ordinance for Publication Purposes.
g. Approval of City Code Amendment to Chapter 6, Article III Concerning Watercraft
Operating Regulations.
h. Approval of Reassignment of Landscaping Requirements, Highlands at Bluff Creek.
J. Chanhassen West Business Park:
1) Approval of Final Plat.
2) Resolution#2005-82A: Approval of Plans & Specifications and Development
Contract.
k. Resolution#2005-83: Order Preparation of Feasibility Report for 2006 Street
Improvements, Project 06-01.
All voted in favor and the motion carried unanimously with a vote of 5 to O.
Rick Dorsey asked that item l(d) be pulled for discussion. Mayor Furlong stated the item will be
discussed after new business.
VISITOR PRESENTATIONS:
Janet Paulsen: Council people. My name is Janet Paulsen and I live at 7305 Laredo Drive. I
wish to address the subject of the Harvieux subdivision.
Mayor Furlong: Mrs. Paulsen, would it be okay if we brought that up during, when we're
discussing that?
Janet Paulsen: Sure, that'd be fine.
Mayor Furlong: That will be fine. I'll make time for public comments. Would anybody else
like to address the council during visitor presentations this evening? No? Okay. We offer this
every evening so people are welcome to come each meeting.
2
City Council Meeting - September 29,2005
16. Extend the silt fence to the north along the west side.
17. Add a note to the plan: All sanitary services must be 6 inch PVC-SDR26 and water
service 1 inch copper.
18. If importing or exporting material for development of the site is necessary, the applicant
will be required to supply the city with a detailed haul route and traffic control plan.
19. The sanitary sewer and water hookup charges are applicable for each of the new lots.
The 2005 truck hookup charge is $1,458 for sanitary sewer and $2,955 for watermain.
20. All disturbed areas as a result of construction must be seeded and mulched or sodded
immediately after grading to minimize erosion.
21. Gutters must be installed on the house on Lot 2 and must discharge to the southwest
comer of the lot.
22. Submit a security to ensure that the street cuts are properly restored to city standards.
23. The applicant should be aware that any retaining wall more than 4 feet in height must be
designed by a structural engineer registered in the State of Minnesota. Also, it will
require a building permit through the City's Building Department.
24. Cleanouts are required at all bends of the sanitary sewer service or every 90 feet,
whichever is less.
25. A ten foot drainage and utility easement shall be dedicated along the western property
line of Lot 3.
26. A cross access and maintenance agreement shall be recorded over Lot 3 for the benefit of
Lot 46, Pleasant View Addition for the existing driveway.
27. Amend the staff report to have the correct calculations and data so the permanent record
reflects the correct numbers.
All voted in favor and the motion carried unanimously with a vote of 5 to O.
CHANHASSEN WEST BUSINESS PARK: LOT 4. BLOCK 2. CHANHASSEN WEST
BUSINESS PARK. MINGER CONSTRUCTION. REQUEST FOR SITE PLAN
APPROVAL FOR AN OFFICEIW AREHOUSE BUILDING. PLANNING CASE 05-27.
Bob Generous: Thank you Mr. Mayor, council members. As you stated this is a request for site
plan review. It's the first building within the Chanhassen West Business Park, which is the plat
that was approved tonight as part of the consent agenda. This building is approximately 46,000
square feet. The development is off of Galpin Boulevard and Lyman Boulevard. It's the most
westerly lot within the development, and I'll just show you. This is the concept plan for the
23
City Council Meeting - September 29,2005
overall development. It would be just west of the lot here. It's always intended, it's one of the
property owners development. He currently runs his business out of this site. He's going to get
a permanent, brand new facility. It's a block building. We think it's going to be very attractive
and will add to the community and really make him happy. He's looking forward to being able
to clean up the site. For years it's been used as a contractor's yard and so as part of this
development and then as part of his site plan he'll be able to provide some screening and housing
for this business. Site plan itself is pretty straight forward. It's accessing via a private street that
it shares with the property to the north. We are requiring that they provide a sidewalk connection
out to the public street. The one change from what was originally submitted was they're
providing this little area up in the northwest comer of the site. This is the location that they want
to put a storage area, storage building. As part of their proposal they have a, I call it a tent like
structure. It's a canvas building with aluminum or steel poles inside. They wanted to use that
for one of their tenants to store hay rolls. They're a contractor for erosion control. The staff
believes that that building itself does not comply with the design standards for the development
and is not consistent with the building design. There are other opportunities for them to provide
this storage. They could put up a shed type roof and the ordinance, we're requiring that they put
at least a 6 foot fence around it, stockade type fencing. They could go up to 8 feet and that
would provide a sheltered covered area that they could do this. There are other types of
buildings that they could do that ~ould be consistent. What their approval is tonight is for. their
site plan and this storage area and then if any building goes in there to house it, that it be
consistent with the building. Staff is recommending approval of the site plan with the conditions
outlined in our staff report. With that I'd be happy to answer any questions.
Mayor Furlong: Thank you. Questions for staff. No? Yes? No? Okay.
Councilwoman Tjomhom: Wait, yeah I'm sorry. Explain the whole covered shed thing again.
The picture was so bad in my report that I couldn't get any.
Bob Generous: Unfortunately it didn't show up very well on this either but this is a white canvas
structure that has metal supports inside. It's basically it's like a tent. It's open. It would be
anchored. It would have to be, meet all our building code requirements. Snow load and
construction but we don't believe that it would meet the design standards within the
development. This is not consistent with the building elevation which is the 3 colored blocks.
The entrance canopy area and so we think that they can do something different. Even if they just
put up a roof with a fencing that would be more consistent with the design standards than what
this is.
Councilwoman Tjomhom: Okay.
Mayor Furlong: Thank you. Any other questions for staff? If not, is the applicant here this
evening? Good evening. Is there anything you'd like to share with us?
Patrick Minger: My name is Patrick Minger, and the only reason I put this tent structure in is
because the tenant that is moving in out there stores, wants his rolls of hay inside and if we, you
know and he's not a permanent tenant. So if we put up a building for, you know I was just trying
to keep the cost down and put the landscaping around it to hide it as you drive in from the main
entrance. But if he leaves then he's, the tenant is actually buying this and I'm just looking for a
24
City Council Meeting - September 29,2005
way to keep the cost down for him but I don't want that hay put in this new building. That's my
only dilemma. I'm just trying, now if we go with the steel structure, 8 feet high, these bundles
are like 4 feet high. That's why they could stack them in there. So that's, you know we can
work with staff and find something that, it's smaller than what the city garage has. They had a
canvas type but since we're back up against other industrial and nobody to see this, this is what
we proposed so. If he leaves then we would, he would take it with him. That's pretty hard to do
with a metal building. With a metal roof. That's, you know that's just how we're thinking now.
But we can work with staff and figure something else out. I don't want to hold up the whole
building so.
Mayor Furlong: Alright, thank you. Any questions for Mr. Minger? No? Okay. Thank you.
Very good. Anyone from the public who wishes to comment on this matter? No? Okay. Bring
it to council for discussion then.
Councilman Labatt: I like the building. But I tend to, you know looking at the position of where
that tent structure is going to be, I have a hard time supporting that. Unless somebody can
convince me otherwise. But I do like the building and let's move on.
Mayor Furlong: Alright, thank ypu. Other comments?
Councilwoman Tjornhom: I agree with Councilman Labatt. I think the building looks great.
But I have to agree with staff when it comes to the tent like structure. This is a PUD site and I
think we owe it to the neighborhood that came here earlier and we need to keep our word that it's
going to stay a PUD site and hold it to it's high standards and so I support staff.
Mayor Furlong: Okay, thank you. Other thoughts.
Councilman Peterson: I agree. I think the only other additional comment I'd make is I don't like
our city's tent either. And I'd like to put that as a point of discussion sometime down the road
too I think so.
Mayor Furlong: Okay. Anything?
Councilman Lundquist: I would agree based on all the comments and the recent activity around
the site. Yeah, it backs up to other industrial and things but I'm sure that it doesn't, I can't
support putting that type of a structure up there. Also for a point of clarification then on
condition 40, where it talks about the 6 foot high opaque fence shall be included in the landscape
island around the storage area, does that, Bob the intention of that, was that to screen some sort
of a structure like was on here or would it be your point that we should put that on regardless of
whether there's any structure or not any structure on there?
Bob Generous: That was the intent so that they would have a storage area, whether there is a
structure there or not.
Councilman Lundquist: Fair enough.
25
City Council Meeting - September 29,2005
Bob Generous: And like I stated before, they could, it says a minimum 6 foot. They can go up
to 8 feet if they need to go create a hiding spot.
Councilman Lundquist: Okay, fair enough.
Mayor Furlong: Is that within, just to follow up on that. Is that within the outline of the PUD?
Bob Generous: Yes.
Mayor Furlong: Okay what's described here for item 40?
Bob Generous: Yes.
Mayor Furlong: Okay. Alright. So this condition is, if they put up a fence it has to be at least 6
feet is this condition?
Bob Generous: Yes.
Mayor Furlong: It.doesn't require them to put up a fence.
Councilman Lundquist: But what I'm looking at is it says it does require.
Bob Generous: No, it would require them to put up a fence around the storage area.
Mayor Furlong: Okay, so anyplace.
Bob Generous: Because that's where, if they're going to have outdoor storage, that's where
we'd allow them to do it.
Mayor Furlong: In that northwest comer?
Bob Generous: Right.
Mayor Furlong: Okay. And so they require a fence there around the storage area. That
answered my question. Did it answer your question? What are your thoughts? I mean, thoughts.
Councilman Lundquist: Well, if they decide not to, if this tenant decides to do something else or
they work on an agreement or whatever it is that there's, the storage area isn't used then, you've
got a big area out there with a fence around it that's just growing grass or whatever you've got
and then it becomes a pain but I guess if they're going to ask for the storage area, designate it at
this time, this would be our only time to put a fence in so if that's going to be on the plat then.
And if that needs to be there.
Mayor Furlong: So is it your thought to make it conditional on if they have a storage area,
include the fence?
26
City Council Meeting - September 29,2005
Councilman Lundquist: Well yeah, but then we're going to have, somebody's going to have to
go figure out you know what defines a storage area and is it just a temporary spot where they're
going to put this trailer, you know while the Bobcat's in the shop or something or. So okay, I'm
okay with it.
Mayor Furlong: Okay. Alright. My thoughts are similar. I'm not going to repeat what's been
said except just to emphasize that this was a well discussed and thought out PUD over the last
few months and I think to change it right now is just the wrong thing to do. So while I fully
appreciate the desire to minimize cost, I think we need to hold to the standards that exist within
the PUD with regard to the storage buildings. Any other thoughts or comments? If not, is there
a motion? Page 8.
Councilman Lundquist: I would move the City Council approves Site Plan Planning Case 05-27
for a 46,152 square foot office warehouse building, plans prepared by Schoell & Madsen dated
August 5th '05, revised September 1ih '05 , subject to conditions 1 through 40.
Mayor Furlong: Thank you. Is there a second?
~ouncilwoman Tjomhom: Second.
Mayor Furlong: Made and seconded. Any discussion on the motion?
Todd Gerhardt: Did the motion include the.
Bob Generous: Stipulation prohibiting the tent structure.
Todd Gerhardt: Okay.
Mayor Furlong: Is that already in the staff report and conditions?
Bob Generous: Not in the conditions. It's part of the recommendation on the cover memo and
probably should have been added onto.
Councilman Lundquist: I guess my understanding was, I didn't, the fact that we didn't allow it
specifically in the conditions was that that.
Mayor Furlong: The PUD would hold.
Councilman Lundquist: The PUD standards do not allow that, so if that's not the case then we
can clarify.
Mayor Furlong: Should we clarify anyway?
Roger Knutson: I think it's always best to be, clarify it.
27
City Council Meeting - September 29,2005
Mayor Furlong: Okay. Why don't we take an amendment to the motion, condition number 41.
Do we have some specific language?
Bob Generous: Well just the fabric storage building is prohibited.
Mayor Furlong: Okay. Is that sufficient? I'll offer that as an amendment. Is there a second?
Councilman Lundquist: Second.
Mayor Furlong: Any discussion on the amendment? Adding condition 41.
Mayor Furlong moved, Councilman Lundquist seconded to amend the motion to include
condition 41. A fabric storage building is prohibited. All voted in favor and the motion for
the amendment carried unanimously with a vote of 5 to O.
Mayor Furlong: Now is there any further discussion on the amended motion?
Councilman Lundquist moved, Councilwoman Tjornhom seconded that the City Council
approves Site Plan, Planning Case #05-27 for ~ 46,152 square foot office warehouse
building, plans prepared by Schoell and Madson, Inc., dated August 5, 2005, revised
September 12, 2005, subject to the following conditions:
1. The applicant shall enter into a site plan agreement with the City and provide the necessary
security to guarantee erosion control, site restoration and landscaping.
2. The building is required to have an automatic fire extinguishing system.
3. The plans must be prepared and signed by design professionals licensed in the State of
Minnesota.
4. PIV is required on the building water service.
5. No burning permits will be issued for trees to be removed. Trees and shrubs must either be
removed from site or chipped.
6. Fire apparatus access road and water supply for fire protection is required to be installed.
Such protection shall be installed and made serviceable prior to and during the time of
construction except when approved alternate methods of protection are provided.
7. A fire apparatus access road shall be designed and maintained to support the imposed load of
fire apparatus and shall be serviced so as to provide all weather driving capabilities. Pursuant
to Minnesota Fire Code Section 503.2.3.
8. Temporary street signs shall be installed on street intersections once construction of the new
roadway allows passage of vehicles. Pursuant to 2002 Minnesota Fire code Section 501.4.
28
City Council Meeting - September 29,2005
9. A 1O-foot clear space must be maintained around fire hydrants, i.e., street lamps, trees,
shrubs, bushes, Xcel Energy, Qwest, cable TV and transformer boxes. This is to ensure that
fire hydrants can be quickly located and safely operated by firefighters. Pursuant to
Chanhassen City Ordinance #9-1.
10. An additional fire hydrant will be required in the island off the northeast comer of the
building. Contact Chanhassen Fire Marshal for exact location.
11. Comply with Chanhassen Fire Department/Fire Prevention Policy #29-1991 regarding
premise identification.
12. Revise the lighting plan to incorporate shielded light fixtures. Lighting shall be high-
pressure sodium.
13. Space for recycling shall be provided in the interior of all principal structures or within an
enclosure for each lot developed in the Business Park.
14. All wetland impacts shall be mitigated in accordance with the Wetland Alteration Permit for
Chanhassen West Business Park.
15. All wetlands and proposed mitigation areas shall maintain a 16.5 - 20-foot buffer strip
around the perimeter of the wetlands.
16. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's
wetland ordinance.
17. The applicant shall install wetland buffer edge signs, under the direction of City staff, before
construction begins and must pay the City $20 per sign.
18. All structures (including parking lots) shall maintain a 40-foot setback from the edge of the
wetland buffer.
19. Silt fence shall be installed along west property edge behind retaining wall near flared end
section to minimize sediment erosion.
20. Silt fence shall be installed outside of wetland buffer edges.
21. The contractor shall use a Wimco or similar catch basin erosion control BMP.
22. All exposed soil areas shall have temporary erosion protection or permanent cover year
round, according to the following table of slopes and time frames:
Type of Slope
Steeper than 3: 1
10:1 to 3:1
Flatter than 10: 1
Time
7 days
14 days
21 days
(Maximum time an area can
remain open when the area
is not actively being worked.)
29
City Council Meeting - September 29, 2005
These areas include constructed storm water management pond side slopes, and any exposed
soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter
system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man
made systems that discharge to a surface water.
23. All erosion control measures shall be installed and maintained in accordance with City, Carver
County Water Resource Management Area and MPCA permit requirements.
24. A NPDES permit will be needed for the site and a completed SWPPP is needed for the site
and should be available at the preconstruction meeting and on site during construction.
25. The contractor shall inspect daily all erosion control measures and perform maintenance on
BMPs as needed or required.
26. The storm water pond on Outlot A shall be constructed prior to or concurrent with the
development of this site. All storm sewer infrastructure between this site and the outlet into the
storm water pond on Outlot A shall be installed prior to or concurrent with this development.
27. The applicant shall increase the number of trees and islands/peninsulas in the parking lot to
meet minimum landscape requirements.
28. Tree protection fencing shall be installed at the grading limits prior to any construction and
remain until construction is completed.
29. The applicant shall locate additional landscaping at the southern end of the property. Native
species shall be used.
30. The existing swale west of the parking lot shall be filled in to eliminate or reduce the height
of the proposed retaining wall.
31. Retaining walls that exceed four feet in height must be designed by an Engineer registered in
the State of Minnesota and require a building permit.
32. If feasible, the proposed storm sewer west of the parking area shall be eliminated and
rerouted to the storm sewer system to the east.
33. Disturbed areas must be restored to a minimum 3:1 grade.
34. Pipe bollards must be installed around all locations where the pavement grade exceeds 5%.
35. The eastern access to Lot 4 must align with the eastern access to Lot 5. The radius of the
access to Lot 4 must accommodate the turning movement for a small delivery truck.
36. The grey line type shown in the legend should be labeled "by others", not "existing".
30
City Council Meeting - September 29, 2005
37. Verify that the storm sewer on the west side of Lot 4 will be constructed with the site plan
improvements for Lot 5 or adjust the line type accordingly.
38. The main drive aisle through the site will be a private street since it serves multiple lots. As
such, the road must be a minimum of 26 feet wide, built to a 9-ton design, and enclosed
within a 40-foot wide private easement. A cross-access easement must be obtained and
recorded before building permit issuance. The developer must submit testing reports
verifying that the driveway is built to a 9-ton design.
39. A sidewalk connection to the public street must be constructed. The sidewalk shall be
installed on the west side of the eastern site access and on the south side of the private drive.
The sidewalk shall include pedestrian ramps at all curbs.
40. A minimum 6 foot high opaque fence shall be included in the landscape island around the
storage area.
41. A fabric storage building is prohibited.
All votel;l in favor and the motion carried unanimously with l! vote of 5 to O.
OLD TOWN PLAZA. AWARD OF BID.
Todd Hoffman: Mayor, City Council members. I placed at your desk, and I've put additional
copies back here. The letter of recommendation for the award. Quotes were accepted last Friday
after you received your preliminary packet information. I'd like to briefly go over the site plan
and explain a little bit about the project. Old Village Hall was constructed, or moved from it's
location just across the street to it's present location in 1987 and so the plan on the left here
shows the building and the plaza which was completed at that time. With 18 years of age, the
plaza had a paver with a hard surface application, if you've been down there where the pavers
sank over time and the concrete back. It was in need of some restoration with the building, the
Goddard School going next door and a fairly permanent tenant being the Chamber of Commerce
we felt that it would be appropriate to upgrade the location and beautify this public plaza. So the
proposed plan is to take out the existing hard surface materials and replace it with a paver
material identical to what we have at City Center Park, the new park here in front of City Hall.
Same type of material. Same look. Same medallion and then include 4 trees instead of the 2 that
are currently planted there. We had 4 contractors out to a pre-site meeting for this work. 3 of the
4 chose to submit a bid. The project budget is $50,000 and we received a low bid from Glacial
Ridge Contracting out of Will mar, Minnesota of $44,932.21. The other two quotes were
$54,900 and then $64,300. The primary difference in all three of those quotations is in the
paving and surface preparation, the 6 inches of gravel. Those prices range from $6.90 a square
foot at the low up to $11.95 for a high. So that's the primary difference in the cost. It would be
staff's recommendation that the council award the Chanhassen Old Village Hall Plaza project to
Glacial Ridge in the amount of $44,932.21. And if you do so they anticipate that they'll start
work the week of October 10th.
Mayor Furlong: Thank you. Questions for staff.
31