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CC SUM 2009 04 13 CHANHASSEN CITY COUNCIL REGULAR MEETING SUMMARY MINUTES APRIL 13, 2009 Mayor Furlong called the meeting to order at 7:10 p.m. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilman Litsey, Councilwoman Ernst, Councilwoman Tjornhom, and Councilman McDonald STAFF PRESENT: Todd Gerhardt, Roger Knutson, Laurie Hokkanen, Greg Sticha, Kate Aanenson, Paul Oehme, and Todd Hoffman PUBLIC PRESENT: Mary Langworthy P.O. Box 468 Tyler Dalsin 7259 Tartan Curve Al & Mary Klingelhutz 8600 Waters Edge Drive PUBLIC ANNOUNCEMENTS: None. CONSENT AGENDA: Councilwoman Ernst moved, Councilman Litsey 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 March 23, 2009 -City Council Verbatim and Summary Minutes dated March 23, 2009 Receive Commission Minutes: -Planning Commission Verbatim and Summary Minutes dated March 17, 2009 -Planning Commission Work Session Minutes dated April 7, 2009 Resolution #2009-27: b. Resolution Accepting $5,000 Donation from the Chanhassen Athletic Association (CAA) for Little League Field Conversion. Resolution #2009-28: c. 2009 Inflow/Infiltration Project: Approve Plans and Specifications; Authorize Ad for Bids. Resolution #2009-29: d. Approval of Resolution Calling for the Sale of 2005 (MnDot Loan) and 2006A GO Improvement Bonds. stnd Resolution #2009-30: e. The Preserve at Bluff Creek 1 and 2 Additions: Accept Streets and Utilities. City Council Summary - April 13, 2009 f. Approval of Donating the Chanhassen Fire Department Hazardous Materials Trailer to Carver County. Resolution #2009-31: g. Award of Bid, City Center Park Electronic Sign. h. Approval of Arbor Day Poster Contest Winners. Resolution #2009-32: i. Resolution Accepting a $9,190.16 Grant to the Chanhassen Fire Department from the Fire Fighters Fund (a subsidiary of Allianz Life). j. Approval of Temporary On-Sale Liquor License, Harvest Festival, St. Hubert Catholic Community. k. Public Works Facility: Approve Encroachment Agreement with the Metropolitan Council. l. Approval of Carver County COPS Grant Application. All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS: Todd Neils, President of Chanhassen Baseball and Softball and a member of the Chanhassen Athletic Association Board presented a check to the City in the amount of $5,000 for Little League field conversion at Lake Ann Park. Mary Langworthy, Executive Director of the Carver County Community Foundation provided background information on the foundation. Bob Roepke explained the mission of the foundation and means of building community awareness. Mayor Furlong asked about Chanhassen participation. APPLE TREE ESTATES: REQUEST FOR A SEVEN-LOT SUBDIVISION WITH VARIANCES, LOCATED AT 8600 WATERS EDGE DRIVE. APPLICANT: PLOWE ENGINEERING, INC., OWNER: ALOYSUIS KLINGELHUTZ. Kate Aanenson presented the staff report and Planning Commission update on this item. Mayor Furlong asked for clarification of the ordinance regulating private streets. Councilwoman Tjornhom asked for clarification of the condition requiring bigger than normal street numbers. Councilwoman Ernst asked staff to explain their comment that they did not support the previous plan submitted by the developer that included a filtration basin on Lots 2 and 3. Councilman McDonald asked for clarification of the current drainage plan. After comments by council members, the following motion was made. Councilwoman Ernst moved, Councilman McDonald seconded that the City Council approve a seven lot subdivision (preliminary plat) with a variance for access off a private street for Lots 1 and 2, Block 1, Apple Tree Estates, plans prepared by E.G. Rud & Sons, Inc. and Plowe Engineering, Inc., dated 1/29/09, revised 2/25/09, subject to the following conditions: 2 City Council Summary - April 13, 2009 1.Additional six-inch address numbers will be required at the entrance to the driveway of Lots 1 and 2, Block 1, where it comes off the cul-du-sac. 2.Additional six-inch address numbers will be required at the driveway where it splits between Lots 1 and 2, Block 1. 3.Contact Chanhassen Fire Marshal for exact locations and numbering requirements. 4.No burning permits will be issued for trees to be removed. Trees and scrubs must be removed from site or chipped. 5.A three-foot clear space must be maintained around fire hydrants, and nothing be placed in front of the outlets to hinder firefighting operations. MN Fire Code Sec. 508.5.4. 6.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 time of construction except when approved alternate methods of protection are provided. MN Fire Code Sec. 501.4 7.Temporary street signs are required to be installed as soon as construction begins. Signs shall be of an approved size, weather resistant and be maintained until replaced by permanent signs. MN Fire Code Sec.505.2. 8.A 30- foot wide private easement, cross-access and maintenance agreement must be submitted for the private street. 9.Final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued. 10.Retaining walls over four feet high require a building permit and must be designed by an Engineer registered in the State of Minnesota. 11.Each lot must be provided with a separate sewer and water service. 12.Demolition permits must be obtained before demolishing any structures. 13.Existing home(s) affected by the new street/cul-de-sac will require address changes. 14.The existing shed on proposed Lots 4, 5 and 6, Block 1, Apple Tree Estates must be removed concurrently with the installation of the street improvements. 15.Full park fees in lieu of parkland dedication and/or trail construction shall be collected as a condition of approval for Apple Tree Estates. The park fees shall be collected in full for all new homes at the rate in force upon final plat submission and approval. 3 City Council Summary - April 13, 2009 16.Applicant shall remove Colorado spruce from the planting list and transfer the quantity to other evergreens in the Plant Schedule or add a third evergreen species. A revised planting list shall be submitted to the city. 17.All trees proposed to be preserved shall be protected by tree preservation fencing. Fencing shall be installed prior to site development or grading and excavation for homes on each lot. Any trees shown as preserved on plans dated 1/15/09 and revised 2/25/09 must be replaced at a rate of 2:1 diameter inches if removed. 18.The applicant shall locate the existing row of trees along the east side of Apple Tree Lane north of Lot 1, Block 2 relative to the proposed retaining wall and develop a plan to protect the trees. The survey and plan shall be submitted to the city for approval. 19.The building permit survey for Lot 2, Block 1 shall include the tree survey for the lot. Any additional tree removal on the lot greater than what is shown on subdivision plans dated1/15/09, revised 2/25/09, will need prior approval from the city and additional plantings may be required. 20.The applicant shall revise the landscape plan to show river birch and balsam fir or black spruce near the wetland rather than red oak and white spruce. 21.The plans and hydrology calculations must be revised so that the pond will hold back-to-back 100-year storms. 22.Correct the location and elevation of the wetland emergency overflow. 23.A piped EOF is required for the wetland. The developer’s engineer shall examine possible locations for this connection and work with and obtain the necessary permission from the property owner/agency. 24.The driveway grades for Lot 3, Block 1 must be adjusted so that there is positive drainage along the entire driveway. 25.A building permit for Lot 2, Block 1 may be issued prior to installation of the public street and utilities. A final Certificate of Occupancy will not be granted until the public utilities are in and the first lift of asphalt has been installed on the street. 26.The developer must submit a plan showing how access to the existing home on Lot 1, Block 1 and the proposed home on Lot 2, Block 1, will be maintained throughout construction. 27.The top and bottom of wall elevations must be shown on the plans. 28.The plan must show the existing trees on the property to the east of the development, adjacent to the proposed retaining wall. The plans must be revised so that the off-site trees to the east of the development are not impacted with the retaining wall construction. 4 City Council Summary - April 13, 2009 29.The developer is required to obtain the appropriate permits from MnDOT to construct the local street connection. 30.The developer must notify the affected property owners a minimum of seven days before mobilizing to complete the sanitary sewer connection. 31.A security will be collected with the final plat to ensure that the disturbed area will be restored to the current condition. 32.The storm sewer between the public street and the pond must be shifted to either the north or south property line of Lot 1, Block 2 to eliminate the drainage and utility easement through the property. 33.Any excavation within the wetland cannot result in a maximum inundation greater than six (6) feet in depth. 34.The finished bottom of the wetland shall be undulating providing varying depths. 35.Side slopes shall be no greater than 5:1 on average and no greater that 3.5:1 in any location. 36.Bottom of the wetland shall have a minimum 0.8 feet of organic soil materials or otherwise hydric soils. 37.A vegetation establishment plan must be developed and implemented for the wetland and the buffer area. In the event that no excavation occurs within the wetland, a vegetation management plan need only be developed and implemented for the buffer area. 38.Sequencing of erosion control measures need to be incorporated into the plan. This includes placement of perimeter controls prior to earth disturbing activities and excavation of the pond during the initial grading activities to be used as a temporary basin. 39.Silt fence must be included down gradient of all exposed soils. 40.Inlet protection shall be required within 24 hours of setting the structures on site. 41.Erosion and sedimentation BMPs must be placed to protect the structures in Waters Edge Drive. 42.A concrete washout area needs to be shown on the plan and must comply with the NPDES permit requirements. 43.A rock construction entrance, at least 75 feet in length, must be indicated on the plan. 44.An NPDES Permit will be required for the project. This must be obtained prior to commencement of any earth disturbing activities. 5 City Council Summary - April 13, 2009 45.The pond and wetland should be put into an Outlot. This will result in a further reduction of SWMP fees. That portion of Lot 1, Block 2 east of the westerly normal water level elevation for the stormwater pond shall be included in a separate Outlot to facility pond maintenance. 46.City staff shall work with the applicant to make sure that the new proposal for drainage meets the City of Chanhassen Engineering Department’s requirements including: a. The 100-year storm event must be stored onsite. This requirement presents a challenge because of the elevation of the culvert under the neighbor’s driveway to the wetland. b.The peak elevation noted for the back-to-back 100-year storms is higher than the driveway to the east. c.The exfiltration assumption used in the model must be verified. d.The discharge pipe must meet the minimum pipe slope requirement.” All voted in favor and the motion carried unanimously with a vote of 5 to 0. PUBLIC WORKS FACILITY: APPROVE BIDS AND QUOTES FOR FACILITY PROJECT NO. 08-03. Paul Oehme introduced Brian Recker with RJM Construction who reviewed the bids and quotes for the public works facility. Councilwoman Ernst asked about the scope of specifications that were bid by AME for Category 5B. Councilman McDonald asked how many local businesses bid and how many local businesses received an award to work on the project. Mayor Furlong asked for clarification of the alternates that were recommended for selection and those that were not. After comments by the council members, the following motion was made. Resolution #2009-33: Councilman Litsey moved, Councilwoman Tjornhom seconded that the City Council approves the bids and quotes to the contractors in the amounts recommended in the RJM Construction’s letter of recommendation. All voted in favor and the motion carried unanimously with a vote of 5 to 0. COUNCIL PRESENTATIONS: Councilman Litsey commented on attending the Lion’s annual pancake breakfast. ADMINISTRATIVE PRESENTATIONS: Todd Gerhardt announced that the new Carver st County service center is open and will be having a dedication ceremony on April 21 at 2:00 th p.m. and that the City’s spring recycling day is set for Friday, April 24 from 10:00 a.m. to 7:00 p.m. at the Carver County Environmental Center. CORRESPONDENCE DISCUSSION. None. Councilwoman Ernst moved, Councilman McDonald seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The City Council meeting was adjourned at 7:55 p.m. Submitted by Todd Gerhardt, City Manager Prepared by Nann Opheim 6