CC SUM 2012 01 09
CHANHASSEN CITY COUNCIL
REGULAR MEETING
SUMMARY MINUTES
JANUARY 9, 2012
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, Councilman McDonald, Councilwoman
Tjornhom, Councilwoman Ernst, and Councilman Laufenburger
STAFF PRESENT:
Todd Gerhardt, Laurie Hokkanen, Paul Oehme, Kate Aanenson, Todd Hoffman,
Greg Sticha, and Roger Knutson
PUBLIC PRESENT:
Tom Devine 7640 South Shore Drive
PUBLIC ANNOUNCEMENTS:
None.
ORGANIZATIONAL ITEMS: Councilman McDonald moved, Councilman Laufenburger
seconded that the Chanhassen City Council designate the Chanhassen Villager as the official
newspaper, designate Councilwoman Tjornhom as Acting Mayor, and confirm the appointment of
John Wolff as Fire Chief. All voted in favor and the motion carried unanimously with a vote of 5
to 0.
CONSENT AGENDA: Councilwoman Tjornhom moved, Councilman McDonald 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 December 12, 2011
-City Council Verbatim and Summary Minutes dated December 12, 2011
Review Commission Minutes:
-Park and Recreation Commission Verbatim and Summary Minutes dated December 13, 2011
Resolution #2012-03:
c. Approve Acquisition of Wheel Loader.
d. Approve Agreement to Temporarily Allow Issuance of a Building Permit Before Demolition of
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an Existing Home, 1641 West 63 Street, Ann Nye.
e. Uphold Money Limits on Tort Liability as Established by Minnesota Statutes.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
1(B). APPROVE STIPULATION OF SETTLEMENT AND ORDER AS TO PARCEL 2,
DEGLER.
Councilwoman Ernst asked that this item be removed from the consent agenda for clarification of the
settlement amount.
City Council Summary – January 9, 2012
Councilwoman Ernst moved, Councilman McDonald seconded that the City Council approve the
Stipulation Settlement and Order as to Parcel 2, Degler property for the Lyman Boulevard
Improvement Project #06-03, Phase I, Court File #10-CV-08-426. All voted in favor and the motion
carried unanimously with a vote of 5 to 0.
VISITOR PRESENTATIONS:
None.
REFLECTIONS AT LAKE RILEY:
A. PUBLIC HEARING TO CONSIDER VACATION OF DRAINAGE & UTILITY
EASEMENT IN THE FIRST ADDITION.
B. FINAL PLAT APPROVAL FOR THE SECOND ADDITION
C. APPROVAL OF PLANS & SPECIFICATIONS AND DEVELOPMENT CONTRACT
FOR THE SECOND ADDITION.
Kate Aanenson presented the staff report on the final plat, plans and specifications and development
contract for the Second Addition. Paul Oehme reviewed the vacation of the drainage and utility easement
in the First Addition. Mayor Furlong opened the public hearing for the vacation of drainage and utility
easement in the First Addition. No one spoke and the public hearing was closed.
Resolution #2012-02: Councilman Laufenburger moved, Councilwoman Ernst seconded that the
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City Council approves the easement vacations subject to filing the Reflections at Lake Riley 2
Addition plat and filing of the attached temporary drainage and utility easement. All voted in favor
and the motion carried unanimously with a vote of 5 to 0.
Councilman Laufenburger moved, Councilwoman Ernst seconded that the City Council grants
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final plat approval of Planning Case #10-12 for Reflections at Lake Riley 2 Addition to subdivide
18.9 acres into 49 lots and two outlots as shown in plans dated Received November 14, 2011, subject
to the following conditions:
1. All trees proposed to be preserved shall be protected by tree preservation fencing. Fencing shall be
installed prior to grading.
2. The public drainage and utility easement on the north side of the development must be vacated.
3. The existing building and driveway on the north side of the site must be removed.
4. The lowest opening of a building must be a minimum 18 inches above an adjacent emergency
overflow.
5. The development is adjacent to Lyman Boulevard and is therefore subject to the arterial collector fee
at the time of final plat, which is calculated as follows:
14.36 developable acres x $2,400.00/acre = $34,464.00
6. The developer will not be reimbursed for the relocation cost of the 12-inch watermain since the work
is development driven.
7. The applicant, with the assistance of the city, must show that adequate capacity exists within the North
Bay storm sewer system to accommodate the proposed drainage area to be directed to North Bay.
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City Council Summary – January 9, 2012
8. The NPDES General Stormwater Permit for Construction Activity must be applied for and obtained
prior to any earth-disturbing activities. Proof of this must be provided to the city.
9. The applicant shall install a five-foot sump at structure CBMH-123 and a four-foot sump at CBMH-303.
Both of these shall be fitted with a SAFL Baffle as well.
10. Hydraulic calculations shall be provided to the city for review and approval before the final plat can be
issued.
11. Mulch, MnDOT Type 3, certified weed free shall be used in all of Block 2, Outlot A and Outlot C
whenever mulch is called for.
12. SWMP fees in the amount of $76,510.34 are due at the time of final plat.
13. Phosphorus removal will need to meet the minimum 60% removal rate and should be maximized to the
greatest extent practicable.
14. The applicant shall be responsible to assure that all other agency permissions are applied for and resulting
conditions are met.
15. A Landowner Statement and Contractor Responsibility form will need to be filled out and submitted to
the LGU (City of Chanhassen) and the DNR. The form can be found at:
http://www.bwsr.state.mn.us/wetlands/forms/Contractor_Responsibility.doc
16. Appendix A, C.1 and C.2 must be addressed including:
a. Exposed soil areas must be stabilized as soon as possible but never later than seven (7) days.
b. A discussion of the feasibility of infiltration and the appropriate response to these findings.
17. Building Official Conditions:
a. 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.
b. A final grading plan and soils report must be submitted to the Inspections Division before permits
can be issued.
c. Retaining walls over four feet high must be designed by a professional engineer and require
permits, inspections and final approval.
d. Each lot must be provided with separate sewer and water services.
e. The developer and/or their agent shall meet with the Inspections Division as early as possible to
discuss plan review and permit procedures.
18. Fire Marshal conditions:
a. Submit alternative street name for Lakeview Circle (proposed street name conflicts with existing
street).
b. No burning permits will be issued. Tress, scrubs, etc., must be removed from the site or chipped.
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City Council Summary – January 9, 2012
c. Mains and fire hydrants shall be installed and made serviceable prior to combustible
construction.
d. A three-foot clear space must be maintained around fire hydrants.
e. Temporary street signs shall be installed as soon as construction begins. Signs shall be of an
approved size as required by the Chanhassen Fire Marshal. They shall be weather-resistant and
maintained until replaced by permanent signs.
f. 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.
19. The applicant shall work with staff to evaluate the use of a privacy fence and vegetation along the
north edge of the property to lessen the noise impact from Highway 212. A solution will be presented
with the final plat.
20. Approval is contingent on the approval and filing of the easement vacation.
21. The $34,464.00 arterial collector fee shall be collected with the development contract.
22. All outlots containing drainage basins shall be deeded to the City.”
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
Councilman Laufenburger moved, Councilwoman Ernst seconded that the City Council approves
the Development Contract and Construction Plans and Specifications for Reflections at Lake Riley
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2 Addition. All voted in favor and the motion carried unanimously with a vote of 5 to 0.
CONSIDER APPROVAL OF MEDIACOM AGREEMENT.
Greg Sticha provided background information on this item before introducing Brian Grogan, the City’s
franchise agreement attorney who explained the terms of the settlement agreement. Councilman
Laufenburger asked for clarification on how the settlement amount was determined. Councilwoman Ernst
asked if there were other ways to catch mistakes other than doing an audit. Mayor Furlong asked for
clarification of the audit process.
Resolution #2012-01: Councilwoman Ernst moved, Councilman McDonald seconded that the City
Council adopts a resolution authorizing execution of an agreement with Mediacom for unpaid
franchise fees and PEG fees due to inadvertent accounting errors. All voted in favor and the
motion carried unanimously with a vote of 5 to 0.
COUNCIL PRESENTATIONS:
None.
ADMINISTRATIVE PRESENTATIONS:
Todd Gerhardt provided updates on commercial
developments going through the planning review process.
CORRESPONDENCE DISCUSSION.
None.
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City Council Summary – January 9, 2012
Councilwoman Tjornhom 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 7:45 p.m.
Submitted by Todd Gerhardt
City Manager
Prepared by Nann Opheim
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