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CC SUM 2011 01 24 CHANHASSEN CITY COUNCIL REGULAR MEETING SUMMARY MINUTES JANUARY 24, 2011 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, Councilwoman Ernst, Councilman Laufenburger, Councilwoman Tjornhom, and Councilman McDonald STAFF PRESENT: Todd Gerhardt, Laurie Hokkanen, Kate Aanenson, Paul Oehme, Todd Hoffman and Roger Knutson Councilman Laufenburger added item 6 to the agenda, nomination to the Metro Cities Board. Mayor Furlong added item 7 to the agenda, consider a resolution in support of the reappointment of Craig Peterson to the Metropolitan Council Board District 4. PUBLIC ANNOUNCEMENTS: Mayor Furlong invited the public to attend February Festival activities at Lake Ann Park on Saturday, February 5, 2011. CONSENT AGENDA: Councilman McDonald moved, Councilman Laufenburger seconded to approve the following Consent Agenda items pursuant to the City Manager’s recommendations: a. Approval of Minutes: -City Council Work Session Minutes dated January 8, 2011 -City Council Work Session Minutes dated January 10, 2011 -City Council Verbatim and Summary Minutes dated January 10, 2011 Receive Commission Minutes: -Planning Commission Verbatim and Summary Minutes dated January 4, 2011 b. Approve Amendment Chapter 4 of City Code Concerning Fees to use the Chanhassen Recreation Center. c. Approve Lease Extension, Old Village Hall, Seattle Sutton. Resolution#2011-03: d. Approve Resolution Acknowledging the Transaction of Mediacom. All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS: None. City Council Summary - January 24, 2011 LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE. Sgt. Peter Anderley noted the year end numbers before introducing Corporal Laurie Finnegan and Corporal Rena Jandron who will be the Chanhassen night supervisors. Chief Roger Smallback discussed a residential structure fire on Mohawk Drive and reviewed yearly statistics. Mayor Furlong asked what type of training was included in the 4,695 hours of training for Chanhassen fire fighters over the past year. Councilman Laufenburger asked Chief Smallback to comment on the increase in false alarms. PUBLIC HEARING: 2011 STREET IMPROVEMENT PROJECT 11-01: PUBLIC HEARING; AUTHORIZE PREPARATION OF PLANS AND SPECIFICATIONS. Public Present: Name Address Tom Elmer 2040 Oakwood Ridge Colleen Dockendorf 2061 Oakwood Ridge Julie E. Pawlak 2031 Timberwood Drive Steven & Carol Heinz Kelley 2071 Timberwood Drive Linda M. Zellman 2290 Timberwood Drive Julie & Greg Maanun 8040 Acorn Lane Randy & Alison Blackowiak 8140 Maplewood Trail Darla Yerkes 2030 Renaissance Court James Dockendorf 2061 Oakwood Ridge Mitch Krause 2380 Timberwood Drive Greg Peshek 7521 Chippewa Trail Tahir Khan 2040 Renaissance Court Judith M. Swihart 7571 Chippewa Trail Steve Elward 7571 Chippewa Trail Jerry Murkowski 2051 Renaissance Court Kathi Cadmus 8426 Stone Creek Court Jeff Heinz 2050 Oakwood Ridge Lon Noller 2381 Timberwood Drive Glenn Steffen 2050 Timberwood Drive Gerald Dresow 7601 Nicholas Way Pat T.K. Khan 2040 Renaissance Court Bonnie Murkowski 2051 Renaissance Court Kristen Zellman 2290 Timberwood Drive Glovanni Riva 7625 Nicholas Way Debra Lano 2060 Oakwood Ridge Tom Henderson 7488 Saratoga Drive Gary Beebe 7484 Saratoga Drive Mike Latanision 2051 Timberwood Drive th Richard Kvanbeck IRET Properties, 800-960 West 78 Street Steve Emerson 8409 Stone Creek Court Ralph Cadmus 8426 Stone Creek Court 2 City Council Summary - January 24, 2011 Jared Gehle 8410 Stone Creek Court Tim & Tari Haunty 7470 Saratoga Drive Brian Johnson 8120 Pinewood Court Jackie Neva 2230 Timberwood Drive Mark Falzone 7633 Nicholas Way Jeni Perrill 2101 Timberwood Drive Robert W. Lawson 2041 Renaissance Court Paul Oehme presented the staff report outlining the proposed project areas for the 2011 street improvement projects and presented a petition into the record from the Timberwood neighborhood. Councilman McDonald asked for clarification of how the road connection and emergency access barricade would operate. Councilman Laufenburger asked for clarification of the City’s assessment policy, how Timberwood Drive compares to Stone Creek Drive, and the trail realignment between the Timberwood and Stone Creek neighborhoods. Councilwoman Ernst asked about the deletion of concrete curbing from the project and clarification of the ordinance regarding cul-de-sac length. Mayor Furlong asked for clarification of the pavement index numbers in the three different project areas, the rural residential zoning, parking lot addition, and the number of contractors that will be used to complete the projects. Councilwoman Tjornhom asked about the plan to address the water runoff problem in the City Hall parking lot expansion. Mayor Furlong opened the public hearing. th Richard Kvanbeck with IRET Properties, owners of the property north of West 78 Street between Kerber Boulevard and Powers Boulevard, asked for clarification of the methodology used in assessing commercial properties. Mark Falzone, 7633 Nicholas Way questioned how the townhouse development is assessed and stated he did not believe that section of road needed to be redone. Tim Haunty, 7470 Saratoga Drive asked about notification and accessibility during construction, clarification of the purpose and location of the new drain tile, and what will be done to accommodate his irrigation system during construction. Tom Elmer, 2040 Oakwood Ridge presented the concerns and petition from the Timberwood Estates neighborhood asking that there not be a street connection between Timberwood Drive and Stone Creek Court. Steve Emerson, 8490 Stone Creek spoke on behalf of the Stone Creek neighborhood outlining their concerns with connecting Stone Creek Court with Timberwood Drive and presented a petition from the 4 homeowners that are impacted by this proposal. Jerry Murkowski, 2051 Renaissance Court asked about the council’s next steps in recommending whether or not to connect the streets. Mitch Krause, 2380 Timberwood Drive asked Mayor Furlong to somehow acknowledge the extent of opposition to the street connection project between Timberwood Drive and Stone Creek Court. Councilwoman Ernst moved, Councilman McDonald seconded to close the public hearing. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The public hearing was closed. Councilman Laufenburger asked for clarification of the street name and number changes associated with the road connection, and the need for a culvert under the road connection. Mayor Furlong asked about public safety issues over the history of the Timberwood Estates neighborhood, the City’s policy of looping utilities, and clarification of the type of break away 3 City Council Summary - January 24, 2011 barricade being discussed. Councilman McDonald clarified that even if the emergency connection was made, the cul-de-sac on Timberwood Drive would remain. After comments, discussion and clarification of what’s included in the motion, the following motion was made. Resolution#2011-04: Councilman McDonald moved, Councilwoman Tjornhom seconded that the City Council adopt the resolution ordering the preparation of plans and specifications for the 2011 Street Improvement Project 11-01 with the exception of the connection between Timberwood Drive and Stone Creek Court. Staff is directed to return with plans and options for an emergency only, break-away barrier to separate Timberwood Drive from Stone Creek Court and a condition that the home addresses and street name for Stone Creek Court not be disturbed. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The City Council took a short recess at this point in the meeting. MINNETONKA MIDDLE SCHOOL WEST INTERIM USE PERMIT: CONSIDER APPROVAL OF INTERIM USE PERMIT FOR GRADING FOR TENNIS COURT CONSTRUCTION; 6421 HAZELTINE BOULEVARD; APPLICANT: INSPEC. Public Present: Name Address Mike Condon 5621 County Road 101, Minnetonka Cliff Buhman, Inspec 5801 Duluth Street, Minneapolis Paul Oehme presented the staff report and Planning Commission update on this item. Mike Condon, Supervisor of Grounds and Maintenance for Minnetonka Schools clarified that the tennis courts would be used for school and public purposes. Councilwoman Tjornhom moved, Councilman McDonald seconded that the City Council approve the interim use permit to permit site grading for the tennis courts subject to the following conditions and adoption of the Findings of Fact: 1.Adequate sediment and erosion control practices must be installed prior to any earth- disturbing activities. 2.All silt fence shall use metal t-posts and shall be consistent with City Detail Plate No. 5300. Include detail on sheet 5. 3.Rock construction entrance locations shall be shown on the plan and should be placed such that construction traffic does not cross the proposed infiltration areas. Rock construction entrances shall be consistent with City Detail Plate No. 5301. Include detail on sheet 5. 4 City Council Summary - January 24, 2011 4.Infiltration areas shall be protected from sediment deposition and compaction resulting from construction equipment throughout construction. This must be noted on the plans along with all other areas to be protected. 5.Category 3 erosion control blanket shall be used on all disturbed slopes with positive flow to the pond unless sod is to be placed and staked. 6.The applicant is responsible for procurement of the NPDES General Permit to Discharge Stormwater Associated with Construction Activity prior to any earth-disturbing activities. A full SWPPP will need to be prepared and submitted to the City for review and approval prior to any earth-disturbing activities. The SWPPP must include all components identified in Parts III and IV of the permit. 7.Redundant erosion control measures shall be included at the two new inlets to the pond. Floating silt curtain should be used at the more southerly inlet but a second line of silt fence may be adequate at the other new inlet. 8.The infiltration design and maintenance shall be consistent with the 2008 Minnesota Stormwater Manual; in particular Chapter 12 and Appendix D. 9.Protection must be provided to assure that construction equipment is not tracked over the proposed infiltration areas, materials are not stockpiled in these areas and sediment deposition does not occur in these areas. This is most commonly accomplished through the use of silt fence. Further, this should be noted on the plan set, in the SWPPP and within the project specifications manual. 10.Infiltration features must be separated from the ground water by a minimum of three feet. Provide boring data to confirm this separation. 11.As the infiltrometer tests were performed approximately 60 feet west of the proposed infiltration area and the infiltration rates are under the optimal conditions, and likely to decline over time, a margin of safety shall be built into the design to account for a diminished infiltration. 12.To assure that the area drains in 48 hours or less, the system shall be designed with an underdrain and coarse aggregate storage as depicted in Appendix D of the Minnesota Stormwater Manual – “Bioretention/Infiltration/Filtration Facility”, page 723 of 885. This would likely satisfy the above condition. 13.CBMH 1 shall be moved northerly on the site and lowered so that the rim elevation is below 1060 feet. 14.The applicant shall relocate to proposed drain tile outlet for the four most easterly tennis courts. The new outlet shall be between the most southerly court and the next most southerly court. This shall then be connected to CBMH 2 and the outlet for this manhole shall then be sized accordingly. 5 City Council Summary - January 24, 2011 15.A stable emergency overflow shall be provided from the easterly basin to the pond. 16.The applicant shall demonstrate how the filtration swales are to be vegetated. At a minimum, fescues and/or other deep-rooted grasses should be used to promote infiltration. 17.The new outlet elevations are shown to be 1046 feet. It appears that the ordinary high water level (OHW) is at 1045.4 and the normal water level (NWL) is at an unknown elevation but likely at or around 1043.5. The newly proposed outlet shall be set at the NWL. 18.The applicant or their consulting engineer shall develop an operations and maintenance manual for the infiltration/filtration features and that this includes some type of vegetative filter to provide pretreatment of the water entering the system. 19.The applicant shall provide a security in the amount of $4,000 to guarantee erosion control. Add the following condition: 20.The applicant shall verify that the tennis courts are outside any easements and meet the 15 foot side yard setback. All voted in favor and the motion carried unanimously with a vote of 5 to 0. CHES MAR REZONINGS AND PUD AMENDMENTS: CONSIDER APPROVAL OF ND REZONING PROPERTY WITHIN CHES MAR FARM, CHES MAR FARM 2 ADDITION AND CHES MAR TRAILS TO PLANNED UNIT DEVELOPMENT (PUD); APPLICANT: CITY OF CHANHASSEN. Kate Aanenson presented the staff report and Planning Commission update on this item. Councilwoman Ernst moved, Councilman Laufenburger seconded that the City Council nd approves the rezoning of Parcel 1 (Lot 1, Block 1, Ches Mar Farms 2 Addition), Parcel 2 (Ches Mar Trails), and Parcel 3 (Ches Mar Farm) to Planned Unit Development (PUD); adoption of attached ordinance and adoption of the Planning Commission’s Findings of Fact. All voted in favor and the motion carried unanimously with a vote of 5 to 0. SUPPORT OF A NOMINATION FOR METRO CITIES BOARD. Councilman Laufenburger nominated Councilwoman Ernst to the Metro Cities Board. Mayor Furlong asked the City Manager to provide background information on the Metro Cities Board. Resolution#2011-05: Councilman Laufenburger moved, Councilman McDonald seconded that the Chanhassen City Council extend support to Councilwoman Vicki Ernst’s nomination for filling the current and April vacancy on the Board of Directors Metro Cities Board Minnesota. All voted in favor and the motion carried unanimously with a vote of 5 to 0. 6 City Council Summary - January 24, 2011 CONSIDERATION OF A RESOLUTION SUPPORTING THE REAPPOINTMENT OF CRAIG PETERSON TO THE METRO COUNCIL BOARD DISTRICT 4. Resolution#2011-06: Mayor Furlong moved, Councilman McDonald seconded that the Chanhassen City Council approve a resolution supporting the reappointment of Craig Peterson to the Metropolitan Council District 4. All voted in favor and the motion carried unanimously with a vote of 5 to 0. COUNCIL PRESENTATIONS: Mayor Furlong commented on his invitation by Sam Hagen to visit his first grade class at Bluff Creek Elementary school. ADMINISTRATIVE PRESENTATIONS: Todd Gerhardt provided an update on the 276 Leaders Meeting. CORRESPONDENCE DISCUSSION. None. Councilwoman Ernst moved, Councilwoman Tjornhom 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 10:10 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 7