CC SUM 2010 07 12
CHANHASSEN CITY COUNCIL
REGULAR MEETING
SUMMARY MINUTES
JULY 12, 2010
Mayor Furlong called the meeting to order at 7:00 p.m. The meeting was opened with the
Pledge to the Flag.
COUNCIL MEMBERS PRESENT:
Mayor Furlong, Councilman Litsey, Councilwoman
Ernst, and Councilman McDonald
COUNCIL MEMBERS ABSENT:
Councilwoman Tjornhom
STAFF PRESENT:
Todd Gerhardt, Laurie Hokkanen, Kate Aanenson, Paul Oehme, Todd
Hoffman and Roger Knutson
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PUBLIC ANNOUNCEMENTS: RECOGINITION OF 4 OF JULY CELEBRATION
SPONSORS, PARTNERS, VOLUNTEERS AND WORKERS.
Mayor Furlong, speaking on behalf of the City Council, thanked the hundreds of sponsors,
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volunteers, partners and workers who committed to making this year’s 4 of July celebration a
great success.
VISITOR PRESENTATIONS:
None.
PIONEER PASS: REQUEST FOR PRELIMINARY PLAT CREATING 94 LOTS, 4
OUTLOTS AND RIGHT-OF-WAY FOR PUBLIC STREETS (APPROXIMATELY 45
ACRES); CONDITIONAL USE PERMIT FOR DEVELOPMENT WITHIN THE BLUFF
CREEK OVERLAY DISTRICT WITH A VARIANCE FOR ENCROACHMENT INTO
THE PRIMARY ZONE; AN INTERIM USE PERMIT TO ALLOW SITE GRADING
PRIOR TO FINAL PLAT APPROVAL; AND A WETLAND ALTERATION PERMIT
FOR THE GRADING AND FILLING OF WETLANDS ON PROPERTY ZONED
RESIDENTIAL LOW AND MEDIUM DENSITY (RLM) AND AGRICULTURAL
ESTATE (A2), LOCATED NORTH OF PIONEER TRAIL (1600 PIONEER TRAIL) AT
BLUFF CREEK DRIVE. APPLICANT: RYLAND HOMES, PLANNING CASE 2010-09.
Kate Aanenson presented the staff report and Planning Commission update on this item.
Councilwoman Ernst asked about traffic flow, neighborhood concerns, and projected completion
date. Mayor Furlong asked for clarification of the impervious surface coverage percentages and
soil corrections that will be needed to make lots buildable. Mike DeVoe, President of Ryland
Homes Twin Cities provided statistics on lot sizes, house styles, prices and the timeline for
construction. Mayor Furlong opened the meeting to public comment. No one spoke. After
comments from council members, the following motion was made.
Councilman Litsey moved, Councilwoman Ernst seconded that the City Council approve
the Pioneer Pass development including preliminary plat, conditional use permit with
City Council Summary - July 12, 2010
variance, interim use permit and a wetland alteration permit subject to the conditions of
approval in the staff report and adopt the attached findings of fact:
CONDITIONS OF APPROVAL
:
Preliminary Plat
creating 94 lots, 4 outlots and right-of-way for public streets:
1. Building Official:
a.The developer must submit a list of proposed street names for review and approval prior
to final plat of the property.
b.Developer to provide 1:200 scale plat drawing (with lot numbers, block numbers and
street names only) for addressing purposes.
c.Demolition permits must be obtained before demolishing any existing structures.
d.A final grading plan and soils investigation/correction report must be submitted to the
Building Inspections Division before permits can be issued.
e.Retaining walls over four feet high require a building permit and must be designed by a
Structural Engineer registered in the State of Minnesota.
f.Each lot must be provided with separate sewer and water services.
g.The developer and/or their agent shall meet with the Inspections Division as early as
possible to discuss plan review and permit procedures.
2. Engineer:
a.The developer must coordinate the proposed grading within the Liberty on Bluff Creek
property and the restoration with the homeowners association.
b.The developer must obtain approval to complete the off-site grading required to construct
a collector road- Bluff Creek Drive- to Pioneer Trail.
c.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.
d.Additional catch basins will be required along Street A. The number and location will be
determined with the final plat submittal.
e.The developer’s engineer must work with City staff to improve the proposed drainage
patterns at the back of Lots 11 through 14, Block 2.
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City Council Summary - July 12, 2010
f.A drain tile service stub must be provided for any lot that drains from the back to the
front.
g.The low floor elevations of Lots 33 to 35, Block 1 must be adjusted so that they are
minimum three feet above the high water level of the adjacent pond.
h.Verify the first floor elevation of Lots 1 through 3, Block 1.
i.Retaining walls constructed with the development will be the responsibility of the
homeowners association.
j.Sanitary sewer that is 16 to 26 feet deep must be SDR 26; sewer in excess of 26 feet deep
must be SDR 18.
k.The sanitary sewer between Lots 5 and 6, Block 1 must be installed within a steel casing
pipe.
l.The developer will install 12-inch trunk watermain within Bluff Creek Drive. The City
will reimburse the developer the cost difference between 8-inch lateral and 12-inch trunk
watermain.
m.A water service stub must be installed for the park area at a location acceptable to the
Parks and Recreation Director.
n.A pressure-reducing valve is required within the homes with a low floor elevation of 935
feet or lower.
o.The developer shall install a pressure-reducing valve vault in the southern portion of
Bluff Creek Drive. The City will determine the location and design of the vault in
conjunction with the final plat design. The developer will be reimbursed for the cost of
the vault.
p.The property is subject to sanitary sewer and water hookup charges for all of the lots.
The 2010 Met Council SAC charge is $2,175 per unit. The City’s 2010 trunk utility
hookup fees are $2,026 per unit for sanitary sewer and $5,393 per unit for water. A
portion of the trunk utility hookup fees will be collected with the final plat: for 2010 the
portion collected with the development contract is $608.00/unit of the sanitary sewer
hookup fee and $1,618.00/unit of the water hookup fee.
q.All of the utility improvements are required to be constructed in accordance with the
City's latest edition of Standard Specifications and Detail Plates.
r.Permits from the appropriate regulatory agencies will be required, including the MPCA,
NPDES, Dept. of Health, Carver County, MnDOT and Watershed District.
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City Council Summary - July 12, 2010
s.Prior to final plat approval, the City and the developer must work with MnDOT to obtain
the necessary approvals and/or agreements necessary to construct the portion of Bluff
Creek Drive that will lie within the MnDOT right-of-way.
t.The grade of the public streets must be adjusted so that they do not exceed 8%.
u.The owner of the exception parcels shallwork with MnDOT, the County and the City to
determine future access to these areas.
v.The outstanding assessments, plus accrued interest must be paid with the final plat or
reapportioned to the lots within the final plat.
3. Environmental Resource Specialist:
a.The applicant shall plant 343 trees within the development. Each lot shall have a
minimum of two overstory, deciduous trees planted in the front yard.
b.The applicant shall install the total required bufferyard along Bluff Creek Boulevard and
Outlot C.
c.The applicant shall develop a restoration plan including native plants for the Bluff Creek
Overlay district north of Block 1. The plant species shall be selected from the Bluff
Creek Management Plan Appendix C. The final plan must be reviewed and approved by
the City before installation.
d.Lots 13, 14, 25 and 26, Block 2 shall receive an increased number of evergreen plantings
to shield the properties from oncoming traffic headlights.
e.The applicant shall revise the landscape plan to show more variation in boulevard
plantings. No more than 10trees of a species may be grouped together.
f.Tree protection fencing shall be installed prior to construction around all areas designated
for preservation and/or at the edge of proposed grading limits.
g.No burning permits shall be issued for tree removal. All trees removed on site shall be
chipped and used on site or hauled off.
4. Fire Marshal:
a.Additional fire hydrants will be required and some will need to be relocated. Contact the
Fire Marshal for which hydrants are in question.
b.Water main and fire hydrants shall be installed and made serviceable prior to combustible
construction (2007 MSFC Sec. 503.1.1.).
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City Council Summary - July 12, 2010
c.A three-foot clear space shall be maintained around fire hydrants (2007 MSFC Sec.
508.5.4.).
d.Temporary street signs shall be installed as soon as construction begins. Signs shall be of
an approved size, weather resistant, and maintained until replaced by permanent signs
(2007 MSFC Sec. 505.2.).
e.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
(2007 MSFC Sec. 501.4.).
5. Park Director:
a.Successful transfer of Outlot C (8.7+ acres) to the City of Chanhassen through a
combination of dedication and fee purchase for development and use as a neighborhood
park.
b.Extension of trail (west side of road) and sidewalk (east side of road) paralleling the
planned connector street south to their respective connection points at the intersection of
Pioneer Trail and Bluff Creek Drive.
c.Install a sidewalk on Street D from Street A to Bluff Creek Drive.
6. Planner:
a.Lot 20, Block 2, shall be adjusted to meet minimum 110 feet of lot depth.
b.A 30 dBA attenuation shall be provided by the building design and construction along
with year-round climate control for the homes adjacent to the T.H. 212/Pioneer Trail
right-of-way.
c.The developer shall pay $23,649.00as their portion of the 2005 AUAR.
d.The property owner may donate Outlots A and B to the City, or if retained under private
ownership, dedicate a roadway/trail easement and drainage and utility easement over Outlot
A, and conservation easement, trail easement and a drainage and utility easement over
Outlot B.
7. Water Resources Coordinator:
a.The HydroCAD model shallbe revised to accurately reflect the post-development soil
conditions or evidence shallbe provided that soils post development will have a water
transmission rate between 0.15 and 0.30 in/hr.
b.All conditions for the wetland alteration permit must be met (Chapter 20 Article VI).
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City Council Summary - July 12, 2010
c.Wetland I, as delineated by Graham Environmental Services, Inc., needs to be shown on
Sheet 1.2 and other applicable plan sheets.
d.Wetland buffers and setbacks shall be shown around all wetland features on or adjacent
to the subject property on the plat and grading plans (20-412).
e.Where, if at all, the buffer encroaches onto a private lot, a drainage and utility easement
is required (20-412).
f.Wetland buffers must be planted with native vegetation per Section 20-412.
g.Make the Soil Boring report available to the City (18-40).
h.SWMP fees, estimated at $119,830.52, will be due to the City at final plat (4-30).
i.The applicant or their agent must secure permissions from the Minnesota Department of
Transportation to discharge subcatchment area 8S to MnDOT right-of-way.
j.As stated in Section 18-40(4)2v. Drain tile service must be provided to any lots where
drainage is directed from back to front. This condition exists along Street B between lots
16 & 17 as well as lots 18 & 19. Because of the presence of Hamel loam, a soil with a
known seasonally high water table less than one foot below the surface, drain tile shallbe
extended from Lot 12 to the CBMH in front of Lot 19 of Block 2. Drain tile is also
encouraged in front of lots 1, 2, 3, 41 and 42 of Block 3, and Lots 1, 2 and 3 of Block 2.
The soil boring report will be beneficial in making this determination (18-40).
k.The swale between Street B and Street C must be within a drainage and utility easement.
Care should be taken to design the grading so that surface drainage from Street C isn’t
directed into the residences along Street B (18-76).
l.The outlet for Pond 2 is to be moved as far west as is practical (19-144).
m.Applicant must demonstrate how the City can access Pond 2 for future maintenance.
n.The outlet for Pond 6 is to be moved so that the discharge point is approximately 75 feet
from the proposed location. Energy dissipation and soil stabilization best management
practices such as ScourStop™, Erosion Control Blanket P42™ or similar shall be used in
addition to rip-rap (18-62).
o.A SWPPP specific to this site shall be prepared and submitted to the City and Carver
SWCD (18-40).
p.Areas where proposed and existing grades are to be matched shallbe done so that no
concentrated flow conditions are created. These areas include, but are not necessarily
limited to, the backyard of Lot 7, Block 1, the backyards of Lots 1 and 2 of Block 1 and
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City Council Summary - July 12, 2010
adjacent to the extension of Bluff Creek Boulevard at the intersection with Pioneer Trail
(18-62).
q.Type 3, weed-free mulch shallbe used in outlot B.
r.Inlet protection will be required on the existing CBMH at the northerly intersection of Bluff
Creek Boulevard and proposed Street A (18-62/63).
s.A note shallbe included on sheets 3.2, 3.3 and 3.4 indicating that inlet protection will be
required on all backyard CB until final stabilization is achieved.
t.After the slopes are graded but before the erosion control blanket and seed is placed, the use
of silt fence with J-hooks, straw wattles, rock logs, bioroll or other BMP will be required to
break up any run 75 feet or longer (18-62).
u.Bluff Creek needs to be identified on the plan set and the SWPPP and erosion plans must
clearly indicate that it is an impaired water for turbidity and that no discharge of untreated
water will be allowed to the creek or to the fringe wetland (19-145).
v.A detailed turf establishment plan shallbe provided (19-145).
w.A note needs to be included on the plan set that top soils are to be scraped and stockpiled
and the soil stockpile area(s) need to be shown on the plan (19-145).
x.Signage for the Bluff Creek Overlay District must be posted on every other property
corner and at major lot angle changes where residential yards meet the primary zone.
Conditional Use PermitVariance
for development within the Bluff Creek Overlay District with a
for encroachment into the Primary Zone:
1.Wetland must be protected at all times from impact.
2.Every reasonable effort must be made to avoid impacting more area than need be. Where
desirable native vegetation is present, avoidance should occur unless to do so would prevent
the applicant or their agent from fulfilling the intent of the encroachment.
3.Signage shall be posted at the property corners indicating the Bluff Creek Overlay District
boundaries. The applicant and City shallwork together to best determine location, aesthetic
and message.
4.Bluff Creek shallbe shown and identified on the plan set.
5.Vegetative enhancement will be needed within the Bluff Creek Overlay District in addition
to the mitigation area. This area shall be planted with a native seed mix appropriate to the
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City Council Summary - July 12, 2010
area. Trees shallbe planted on the south side of the pond for temperature control as well as
screening from the residences.
6.The SWPPP, erosion control and grading plans shallbe revised to include all erosion and
sediment best management practices.
7.The outlet for Pond 6 is to be moved so that the discharge point is approximately 75 feet
from the proposed location. The FES can then be pulled back so it remains outside of the
BCOD. Energy dissipation and soil stabilization best management practices such as
ScourStop™, Erosion Control Blanket P42™ or similar shall be used in addition to rip-rap
(18-62).
8.The applicant shall develop a restoration plan including native plants for the Bluff Creek
Overlay district north of Block 1. The plant species shall be selected from the Bluff Creek
Management Plan Appendix C. The final plan must be reviewed and approved by the city
before installation.
9.Signage for the Bluff Creek Overlay District must be posted on every other property corner
and at major lot angle changes where residential yards meet the primary zone.
Interim Use Permit
to allow site grading prior to final plat approval:
1.A SWPPP specific to this site shall be prepared and submitted to the City and Carver SWCD
(18-40).
2.The erosion control and grading plan must be amended per Preliminary Plat comments.
3.The Wetland Alteration Permit conditions must be met.
4.A phasing and sequence plan must be prepared and submitted.
5.The grading operations must follow the preliminary grading plan as approved by City
Council.
6.The applicant must submit a $36,500 erosion control security before grading can commence.
7.The applicant must obtain permission for any off-site grading.
8.Tree protection fencing shall be installed prior to construction around all areas designated for
preservation and/or at the edge of proposed grading limit.
9.Permits from the appropriate regulatory agencies will be required, including the MPCA,
NPDES, Dept. of Health, Carver County, MnDOT and Watershed District.
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City Council Summary - July 12, 2010
10.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.
11.Erosion control measures must be installed and inspected prior to grading.
Wetland Alteration Permit
for the grading and filling of wetlands:
1.Wetland I must be shown on the plans (18-40).
2.Mitigation Area #1 must be revised to equal the 20,909 square feet of new wetland credit
approved in the 2006 wetland replacement plan.
3.Wetland buffer must be extended around the mitigation area to achieve no less than 20,473
square feet and cannot include any portion of the pond.
4.A detailed wetland alteration and replacement plan needs to be developed that meets the
requirements of Minnesota Rules Chapter 8420.0528. this should include, at a minimum:
a.Two cross-sectional views and a plan view;
b.A detailed planting schedule;
c.A detailed vegetation management schedule including any mowing, herbicide
application, and performance goals (note: this should include the buffer area as well as
the created wetland);
d.A discussion of the soils as it pertains to their adequacy in wetland creation; and
e.A discussion of hydrology as it is not conclusive that there will be adequate hydrology to
take on wetland characteristics.
5.A five-year monitoring plan must be developed and submitted to the City for review and
comment per Minnesota Rules 8420.0810. This monitoring plan will require the placement
of shallow water monitoring wells as the intent is to create a type 1 wetland.
6.A letter of credit or other surety equal to 110% of the construction cost will be required. This
can be released upon the issuance of a Certificate of Compliance with Wetland Replacement
Plan.
7.The wetland area should use BWSR seed mix WT1 for any temporary seeding.
8.An as-built survey must be provided to the City for review and approval prior to final seeding
of the area.
9.Yellow tags shall be provided to the City after the area has been seeded.
10.The planting schedule and vegetation management plan shall incorporate the buffer area as
well.
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City Council Summary - July 12, 2010
11.The selected contractor and applicant must also provide the City with a signed Board of Soil
and Water Resources “Contractors Responsibility and Landowner Statement Form”.
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
CONSENT AGENDA: E. APPROVE RESOLUTION APPOINTING ELECTION
JUDGES FOR THE PRIMARY AND GENERAL ELECTIONS.
Councilwoman Ernst asked for clarification of the appointment process for election judges.
Resolution #2010-67: Councilwoman Ernst moved, Councilman Litsey seconded to
approve the resolution appointing election judges and establishing their rates of pay. All
voted in favor and the motion carried unanimously with a vote of 4 to 0.
COUNCIL PRESENTATIONS:
Mayor Furlong talked about the ground breaking ceremony
for the new downtown Southwest Transit station. Councilwoman Ernst asked for an update on
an email about a threatening situation on one of the Southwest Transit buses.
ADMINISTRATIVE PRESENTATIONS:
Todd Gerhardt provided an update on the
community survey process and thanked Len Simich, his the team and the City Council for their
support with the downtown transit station project.
Councilwoman Ernst moved, Councilman McDonald seconded to adjourn the meeting. All
voted in favor and the motion carried unanimously with a vote of 4 to 0. The City Council
meeting was adjourned at 7:50 p.m.
Submitted by Todd Gerhardt
City Manager
Prepared by Nann Opheim
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