CC SUM 2012 09 24
CHANHASSEN CITY COUNCIL
REGULAR MEETING
SUMMARY MINUTES
SEPTEMBER 24, 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,
and Roger Knutson
PUBLIC PRESENT:
Todd Phillips Ferguson Waterworks
Ian Coburn Neptune Technology Group
Brian Moens Ferguson Waterworks
Mayor Furlong amended the agenda to add item 6, Appointment to Senior Commission.
CONSENT AGENDA: Councilman Laufenburger moved, Councilwoman Ernst 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 10, 2012
-City Council Verbatim and Summary Minutes dated September 10, 2012
Receive Commission Minutes:
-Planning Commission Verbatim and Summary Minutes dated September 4, 2012
-Park and Recreation Commission Verbatim and Summary Minutes dated August 28, 2012
Resolution #2012-48:
b. Approve Resolution Adopting the County Hazard Mitigation Plan.
Resolution #2012-49:
c. 2013 Street Improvement Project 13-01: Authorize Preparation of
Feasibility Report.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
VISITOR PRESENTATIONS.
Laurie Susla with the Lotus Lake Conservation Alliance thanked the
council for their financial support for the AIS program in 2012, asked for continued support in 2013 and
had a couple clarifications to the year end summary prepared by city staff.
LAW ENFORCEMENT/FIRE DEPARTMENT UPDATES.
Lt. Jeff Enevold shared a success story
from Investigator Ryan Thiele and a reminder for residents to call the sheriff’s office if they see
suspicious activity. Chief John Wolff reported on the year to date calls for service numbers, participation
in National Night Out, Fallen Firefighters Memorial, and an invitation to the fire department open house
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on October 14.
City Council Summary – September 24, 2012
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LAKESIDE 7 ADDITION, LOCATED BETWEEN LAKE RILEY DRIVE AND HIGHWAY
212, ALONG WITH PART OF OUTLOT A, LAKESIDE AND PART OF OUTLOT A,
ND
LAKESIDE 2 ADDITION; APPLICANT RON CLARK CONSTRUCTION:
A. REQUEST FOR A PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT;
PRELIMINARY PLAT OF 17 LOTS; SITE PLAN REVIEW FOR 17 TOWNHOUSE
UNITS; AND VARIANCES.
B. PUBLIC HEARING: CONSIDER VACATION OF DRAINAGE AND UTILITY
EASEMENT.
Kate Aanenson presented the staff report and Planning Commission update on this item. Councilman
Laufenburger asked for clarification of the area between this project’s property line and the MnDOT
sound wall and the number of units proposed with the condominium project. Mayor Furlong asked for
clarification on parking and trail access. Speaking on behalf of the team from Ron Clark Construction,
Mike Waldo addressed positive neighborhood feedback, deck encroachment, and parking. Mayor
Furlong opened the public hearing on the vacation of the drainage and utility easement. No one spoke
and the public hearing was closed.
Councilwoman Ernst moved, Councilwoman Tjornhom seconded that the City Council approve the
ordinance amending the PUD Zoning Standards for Lakeside subject to the following conditions
and adoption of the attached Findings of Fact and Recommendation.
A. Planned Unit Development – Residential Amendment
revising sections b and c of the zoning
:
standards as follows
b. Permitted Uses
The permitted uses in this zone shall be twin homes, townhouses, and condominium buildings and
their ancillary uses. The type of uses to be provided on common areas shall be low-intensity
neighborhood-oriented accessory structures to meet daily needs of residents. Such uses may
include a bus shelter, community building, development signage, fountain, garden, gazebo,
maintenance shed, picnic shelter, pool, playground equipment or tennis courts.
c.Setbacks
The PUD ordinance requires setbacks from roadways and exterior property lines. The following table
displays those setbacks.
Setback Standards
Highway 212 20 feet
East(Perimeter) Lot Line 50 feet - townhouses;
-
30 feet twin homes;
Building Height of the
Condominiums with a
minimum of 30 feet
Lyman Boulevard 30 feet
West(Perimeter) Lot Line 50 feet
Twin Home separation between buildings 15 feet
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City Council Summary – September 24, 2012
Setback Standards
Townhouse separation between buildings 15 feet
Minimum Driveway length (to back of curb, trail or sidewalk) 25 feet
Hard Surface Coverage 50 % *
Wetland: Buffer and buffer setback 20 feet and 30 feet
Lake Riley 75 feet
# Decks, patios, porches, and stoops may project up to seven (7) feet in to the required yard.
* The entire development, including the public and private streets and Outlots, may not exceed 50
percent hard coverage. Individual lots will exceed the 50 percent site coverage.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
Councilwoman Ernst moved, Councilwoman Tjornhom seconded that the City Council approves
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the preliminary plat for Lakeside 7 Addition creating 17 lots and 7 outlots, plans prepared by
Pioneer Engineering, dated 08-03-12, subject to the following conditions:
Engineering Conditions:
1. The developer must provide staff with the estimated amount of material that will be hauled off of and
onto the site, the schedule for the hauling, and the haul route.
2. The grading plan must be revised such that the grades do not exceed 3:1.
3. The grading for the proposed sidewalk connection from Lake Riley Drive to the regional trail in Eden
Prairie must be revised to reduce/eliminate the retaining wall and eliminate the drainage directed to
the side of the unit on Lot 7, Block 4.
4. The lowest openings for Lots 1 through 3, Block 3 must be a minimum of 18 inches above the
emergency overflow.
5. If retaining walls are necessary along the sidewalk, fencing may be required.
6. Building permits are required for all retaining walls four feet tall or higher and must be designed by a
Structural Engineer registered in the State of Minnesota.
7. The watermain within Driveway A and Driveway B shall be extended to the north end of these
private streets with hydrants installed at the end.
8. Each new lot is subject to the sanitary sewer and water hookup charges in effect at the time of final
plat approval.
9. All of the utility improvements are required to be constructed in accordance with the City's latest
edition of Standard Specifications and Detail Plates.
10. The applicant is also required to enter into a development contract with the City and supply the
necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of
the improvements and the conditions of final plat approval.
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City Council Summary – September 24, 2012
11. Permits from the appropriate regulatory agencies will be required, including the MPCA, Dept. of
Health, Carver County and Watershed District.
12. The developer must provide an exhibit showing the location of the utilities and the proposed drainage
and utility easements in order to determine if the easements can be vacated. If there are any conflicts
with the small utilities location, the developer will be responsible for any relocation costs.
13. This development is adjacent to Lyman Boulevard; therefore, the Collector and Arterial Roadway
Improvement Charge shall be collected with the final plat.
Park & Recreation Conditions:
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1. The developer shall pay $78,600 in park dedication fees for Lakeside 7 Addition concurrent with or
prior to recording the final plat in lieu of parkland dedication or donation.
2. The sidewalk south of Lot 7, Block 4 connecting the Lakeside area to the newly-installed Eden Prairie
trail, as depicted in the applicant’s plans, shall be installed concurrent with development of Lot 4 units
and a 15 foot-wide public walkway easement centered on the newly installed sidewalk be dedicated to
the city.
Planning Conditions:
1. The developer shall designate Lots and Blocks on the final plat.
Water Resources Specialist Conditions:
1. The developer shall obtain an NPDES Construction Permit.
2. The city shall be provided with a copy of the SWPPP for review and comment.
3. The erosion and sediment control plan shall be amended to be consistent with Chapter 19, Section
145 and the NPDES Construction Permit including Appendix A and Appendix C.
4. The site shall meet the water quality requirements of the NPDES Construction Permit.
5. The design of the rain gardens should be consistent with the Minnesota Stormwater Manual and in
particular Chapter 12-6 including;
a. The underdrain should be 8-inches in diameter.
b. The underdrain should not be wrapped in a sock.
c. The underdrain should be in a minimum of one-foot of double washed, 1-½ inches in size. This
should be wrapped in high permeativity blanket or a choker course of washed pea gravel.
d. The timing of construction shall be clearly spelled out on the plans and specification manual and
shall be consistent with the Minnesota Stormwater Manual. This means that the impervious
surfaces shall be constructed and the pervious surfaces covered with dense vegetation prior to
introduction of water to the system.
e. Minimum depth of the prepared soils shall be 30-inches.
f. Provide water quality volume (W) calculations. Include new impervious surface calculations
qv
used to calculate W.
qv
6. The model should be run with an assumed infiltration rate no higher than 0.2 inches per hour unless
data from an infiltrometer or other suitable field data is provided confirming the higher infiltration
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City Council Summary – September 24, 2012
rate.
7. The drainage map should show drainage areas for both rain garden A and rain garden B.
8. The developer shall enter into a maintenance agreement with the City making the developer or their
proxy responsible for maintenance of the rain garden areas.
9. The outfall for the drain tile shall be pulled back away from the wetland such that it discharges at the
edge of the buffer rather than in the wetland. Energy dissipation shall be provided and shown on the
plan. The profile of the underdrain needs to be shown on the utility plan.
10. Energy dissipation shall be provided at the outfalls into the rain gardens. A forebay is highly
recommended to minimize future maintenance needs.
11. Surface Water Management fees due at the time of final plat are estimated to be$33,137.35. The
applicant shall provide a breakdown of the necessary areas.
12. The wetland and the required buffer shall be placed into a outlot separate from Outlot C. This outlot
shall be dedicated to the city.
13. Indicate the date of the delineation and the entity responsible for the delineation on the drawing.
14. City staff must review the site to determine that the delineated wetland boundary still accurately
reflects the jurisdictional boundary.
15. City staff must review the wetland buffer to assure that at least 50% of the remaining vegetation is
native. If not, the applicant must develop a management plan to accomplish this goal.
16. Wetland buffer monuments are required. The location of these shall be indicated on a plan sheet and
surety funds shall be provided at the time of final plat to ensure that these monuments are installed.
17. Permits from the appropriate regulatory agencies will be required, including the MPCA, NPDES,
Dept. of Health, Carver County, MnDOT and Watershed District.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
Councilwoman Ernst moved, Councilwoman Tjornhom seconded that the City Council approve
Site Plan #2012-11 for a 17-unit townhouse development consisting of 10 twinhomes, 1 detached
townhouse (Villa) and 6 three-unit townhouses, plans prepared by Pioneer Engineering, dated 08-
03-12, with a 1.5-foot variance to permit the decks to project 8.5 feet into the required yard along
the eastern project boundary (21.5-foot setback), and a 8.7-foot variance to permit decks to be set
back 21.3 feet from the wetland buffer edge subject to the following:
Building Officials Comments:
1.
Buildings over 9,250 square feet in area (floor area to include all floors, basements and garages) must
be protected with an automatic fire protection system.
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City Council Summary – September 24, 2012
2.
A final grading plan and soils report must be submitted to the Inspections Division before permits can
be issued.
3.
Retaining walls over four feet high require a design by a professional engineer, a building permit,
inspections and final approval.
4.
Walls and projections within 5 feet of property lines are required to be of one-hour fire-resistive
construction.
5.
Buildings are required to be designed by an architect and engineer (licensed in the State of
Minnesota) as determined by the Building Official.
6.
The developer and/or their agent shall meet with the Inspections Division as early as possible to
discuss plan review and permit procedures.
Environmental Resource Specialist Conditions:
1. The applicant shall provide 7 overstory, 11 understory and 19 shrubs along the north property line; at
least 7 overstory, 14 understory and 21 shrubs along the east property line of outlot C or landscaping
consistent with the existing buffer to the south.
2. A revised landscape plan that meets minimum requirements must be submitted to the city before final
approval.
3. Provide screening for proposed homes adjacent to Lake Riley Drive. Locations include south of the
homes in Block 3, on outlot E as well as south of the homes in Block 1.
Fire Marshall Conditions:
1. A three-foot clear space shall be maintained around the circumference of the fire hydrants per MSFC
Section 508.5.5.
2. Nothing shall be placed in a manner that would prevent or hinder operation of the fire hydrant by
firefighters per MSFC Section 508.5.4.
3. Submit proposed street name(s) to Chanhassen Building Official and Chanhassen Fire Marshal for
review and approval. Note: duplicate street names will not be accepted.
4. Prior to building construction, approved temporary street signs must be installed.
Planning Conditions:
1. The developer shall enter into a site plan permit with the City and provide the financial security
required by it.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
Councilwoman Ernst moved, Councilwoman Tjornhom seconded that the City Council adopt the
Planning Commission Findings of Fact. All voted in favor and the motion carried unanimously
with a vote of 5 to 0.
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City Council Summary – September 24, 2012
Resolution #2012-50: Councilwoman Ernst moved, Councilwoman Tjornhom seconded that the
City Council adopt a resolution to vacate the drainage and utility easements in Outlots A and D,
Lakeside, and vacate the trail easement on Outlots C and D, Lakeside, as shown on the attached
surveys prepared by Pioneer Engineering. All voted in favor and the motion carried unanimously
with a vote of 5 to 0.
REQUEST FOR METES AND BOUNDS SUBDIVISION CREATING TWO LOTS ON
PROPERTY ZONED AGRICULTURAL (A2) AND CONSIDER APPROVAL OF
DEVELOPMENT CONTRACT, 1551 LYMAN BOULEVARD; APPLICANT/OWNER: RICK
DORSEY, PPB HOLDINGS, LP.
Kate Aanenson presented the staff report and Planning Commission update on this item. Councilman
McDonald asked for clarification of the Lyman Boulevard access point and the City’s involvement in the
cross access agreement. Councilman Laufenburger asked for clarification on the difference between the
County’s letter from Lyndon Robjent stating the County will grant access in the future to Parcel D off of
Lyman Boulevard and access to Parcel A via Mills Drive. The applicant, Rick Dorsey explained his
concern with item number 2 in the Resolution regarding the cross access agreement for Lots C and D.
Council members asked the applicant questions to further clarify his concerns with item number 2 of the
resolution. After comments and discussion by council members the following motions were made.
Councilwoman Ernst moved to adopt the Resolution excluding item number 2. The motion died for
lack of a second.
Resolution #2012-51: Councilman Laufenburger moved, Councilwoman Ernst seconded that the
City Council approves the resolution for a metes and bounds subdivision, Planning Case 2012-08,
creating two lots subject to the conditions of approval and adoption of the Findings of Fact and
Decision with the amendment to item number 2 of the Resolution that will read, Record a cross
access agreement for Lots C and D. 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.
WATER METER RADIO READ REPLACEMENT PROJECT PW02401:
A. CONSIDER ACCEPTING BID AND AWARDING CONTRACT.
B. APPROVE RESOLUTION PROVIDING FOR THE SALE OF $1,245,000 G.O. IN
WATER & SEWER REVENUE BONDS, SERIES 2012A.
Paul Oehme presented the staff report on this item. Councilwoman Ernst asked Ian Coburn with Neptune
Technology Group to address security concerns related to the meter radios and asked staff about the
impact on utility rates by approving the sale of bonds. Councilman McDonald asked about security plans
for Ferguson Waterworks employees that will be entering residents homes. Mayor Furlong asked Tom
Phillips with Ferguson Waterworks to address the issue of capacity to perform this job. Councilwoman
Ernst asked about the impact on residents with the installation. Councilman Laufenburger and Mayor
Furlong asked Brian Moens, the installation manager, to explain how the scheduling and installation
process will operate.
Resolution #2012-52: Councilman McDonald moved, Councilwoman Ernst seconded that the City
Council approves the bid in the amount of $1,194,726.45 to Ferguson Waterworks for the
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City Council Summary – September 24, 2012
replacement of water meter radios, hardware and software. All voted in favor and the motion
carried unanimously with a vote of 5 to 0.
Resolution #2012-53: Councilman McDonald moved, Councilwoman Ernst seconded that the City
Council approves a resolution providing for the sale of $1,245,000 General Obligation Water and
Sewer Revenue Bonds to finance meter reading equipment in the city. All voted in favor and the
motion carried unanimously with a vote of 5 to 0.
APPOINTMENT TO THE SENIOR COMMISSION.Mayor Furlong moved, Councilwoman
Ernst seconded to appoint Jackie Engel to the Senior Commission. All voted in favor and the
motion carried unanimously with a vote of 5 to 0.
COUNCIL PRESENTATIONS.
Mayor Furlong invited the public to attend the THRIVE MSP 2040
Metropolitan Council Initiative meeting being held at the Chanhassen Library from 5:00 to 7:00 p.m. on
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Tuesday, September 25. Councilman McDonald stated he would be attending that meeting mainly as a
member on the Southwest Transit board because of significant issues facing transit.
ADMINISTRATIVE PRESENTATIONS.
Todd Gerhardt provided updates on the opening of State
Highway 5 to Victoria, opening of State Highway 41 between Highways 5 and 7, Minnewashta Heights
neighborhood street project, water tower update, re-opening of the skate park, and thanks to the
Americore group for helping paint the railroad depot.
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 10:00 p.m.
Submitted by Todd Gerhardt
City Manager
Prepared by Nann Opheim
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