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CC SUM 2012 11 13 CHANHASSEN CITY COUNCIL REGULAR MEETING SUMMARY MINUTES NOVEMBER 13, 2012 Mayor Furlong called the meeting to order at 7:00 p.m. The meeting was opened with the Pledge to the Flag which was led by Will Carlson of Boy Scout Troop 409. COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilman McDonald, Councilwoman Ernst, and Councilman Laufenburger COUNCIL MEMBERS ABSENT: Councilwoman Tjornhom STAFF PRESENT: Todd Gerhardt, Laurie Hokkanen, Paul Oehme, Kate Aanenson, Todd Hoffman, and Roger Knutson PUBLIC ANNOUNCEMENTS: Mayor Furlong noted members of Boy Scout Troop 409 were in the audience for their communications merit badge before explaining that ChanJam '12 will be cancelled due to lack of bands. CONSENT AGENDA: Councilman McDonald moved, Councilwoman Ernst seconded to approve the following consent agenda items pursuant to the City Manager's recommendations: a. Receive Commission Minutes: - Planning Commission Verbatim and Summary Minutes dated October 16, 2012 b. Approve Letter of Support for Shared Services Grant Application to State Fire Marshal's Office. c. Approval of Consent to Assignment of Interest in Limited Revenue Tax Increment Note as Related to TIF #5, North Bay /Rottlund Homes. d. Highway 101, Lyman Boulevard to Pioneer Trail: 1) Resolution #2012 -61: Approve Resolution for Advancement of MSAS Funds. 2) Resolution #2012 -62: Approve No Parking Resolution. 3) Bandimere Park: Approve Quit Claim Deed for TH 101 Right -of -Way. e. Approval of Findings of Fact, Appeal of Administrative Decision, Naomi Carlson. All voted in favor and the motion carried unanimously with a vote of 4 to 0. VISITOR PRESENTATIONS: None. WYNSONG; LOCATED AT 7042 GALPIN BOULEVARD, LOT 1, BLOCK 1, SONG ADDITION; APPLICANT: STEVE KROISS, GALPIN BOULEVARD PARTNERS, LLC; OWNER: CHARLES SONG: A. CONSIDER APPROVAL OF PRELIMINARY PLAT TO SUBDIVIDE 9.37 ACRES INTO 4 LOTS WITH A VARIANCE FOR A PRIVATE STREET. City Council Summary — November 13, 2012 B. PUBLIC HEARING TO CONSIDER APPROVAL OF VACATION OF DRAINAGE AND UTILITY EASEMENTS. Kate Aanenson presented the staff report and Planning Commission update on this item. Mayor Furlong asked for clarification on the difference between conservation easement and preservation areas. Councilman Laufenburger asked for clarification of the three different drainage and utility easement diagrams, culvert location, and trees. Todd Simnig with Kroiss Development stated he was present to answer questions. Councilman Laufenburger asked about pad size and tree preservation /loss. Mayor Furlong asked the applicant to explain the difference between custom grading versus mass grading before opening the public hearing on the vacation of the drainage and utility easements. No one spoke and the public hearing was closed. After comments from council members the following motions were made. Councilwoman Ernst moved, Councilman Laufenburger seconded that the City Council approve the preliminary plat creating four lots, plans prepared by Otto Associates dated 09/10/12, with a variance for the use of a private street, subject to the following conditions and adoption of the attached Findings of Fact and Recommendation: Building Official Conditions: 1. The developer's proposed street name, Wynsong Lane, is acceptable and shall be shown on the final plat of the property. 2. Demolition permits must be obtained before demolishing any structures on the site. 3. A final grading plan and soils report must be submitted to the Inspections Division before permits can be issued. 4. Retaining walls over four feet high require a peirit and must be designed by a professional engineer. 5. Each lot must be provided with separate sewer and water services. Engineering Conditions: 1. The private road must be within a 30 -foot wide access and maintenance easement recorded against all four properties. 2. At the end of the project, the developer must submit documentation stating that the private road meets a 7 -ton design. 3. The developer shall work with the existing homeowner to minimize service disruption during construction. 4. Lot 1 has paid the sanitary sewer hook -up charge. 5. The sanitary sewer hook -up fees for Lots 2, 3 and 4 will be collected as set forth in the City Code at the rate in effect at the time. 2 City Council Summary — November 13, 2012 6. No water hook -up charges are due with this plat. 7. The existing 12 -inch drain tile and the proposed 4 -inch drain tiles shall be privately owned and maintained. 8. Should the gas service to the existing home be relocated with this project, the existing service via Lake Harrison Circle must be cut according to CenterPoint Energy's requirements. 9. Staff will work with the developer's engineer to either realign the wall so that it lies entirely on one property, or draft an encroachment agreement for the wall, which would be recorded against both properties. Environmental Resource Specialist Conditions: 1. The applicant shall custom grade lots and work with staff to try to preserve any of the following trees currently proposed for removal: Lot 2: #78, #86, #97, #70 Lot 3: #49, #59, #63, #64, #66 Lot 4: #133, #134, #137, #138, #142, #143 2. Prior to grading, each lot shall install tree protection fencing at the edge of grading limits. 3. Building permit surveys for each lot shall be required to show all inventoried trees within the grading limits and 10 feet beyond and their removal or preservation status. Tree removal for each lot shall be approved by the city. 4. The applicant shall work with staff to develop conservation easements to preserve existing wooded areas on Lots 1, 3 and 4. Fire Marshal Conditions: 1. A three (3) foot clear space shall be maintained around the circumference of the fire hydrant 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. A street sign shall be installed at the street intersection prior to any new home construction per MSFC Section 505.2. 4. "No Parking Fire Lane" signs shall be installed in the hammerhead turnaround. Contact Chanhassen Fire Marshal for location of signs. Parks & Recreation Conditions: 3 City Council Summary — November 13, 2012 1. The developer shall pay park dedication fees at the rate in effect at the time of final plat approval concurrent with or prior to recording the final plat in lieu of parkland dedication or donation. Planning Conditions: 1. Revise the front lot line of Lot 1 to meet the 125 -foot minimum lot width. Water Resources Coordinator Conditions: Surface Water Drainage and Treatment 1. Alternate stormwater management techniques will be allowed for the site. The proposal is to use enhanced buffers and tree preservation for volume reduction and stormwater management. Tree preservation areas must be contained within a legally recorded conservation easement before release of the final plat. The wetland buffer must be included within a drainage and utility easement or conservation easement. 2. Appropriate signage demarcating the boundary of the conservation easement must be placed by the applicant before release of the final plat. The signage must be at any point the easement boundary intersects with a property line, either existing or proposed, and any point of deflection greater than 10 degrees. At no point may the distance between signs be greater than 200 feet. Sign placement must be shown on a plan sheet. 3. Stormwater efficacy calculations shall be based upon Carver County Rules Calculator Version 1.1 or the Minnesota MIDS Calculator Worksheet. This worksheet shall be updated to reflect the conservation easement area and must exclude any wetland within the easement. 4. The eastern limit of the conservation easement on proposed Lot 4 shall be as shown in figure 2, protecting a wooded buffer at least 50 feet in width from the eastern wetland boundary and preserving trees 133, 134, 136 and 140. Natural Resource Protection 1. All wetland buffers shall meet the requirement codified in Sections 20 -411 and 20 -412 of city code. 2. Buffers not meeting the minimum requirements for native vegetation as required by code or being considered for enhanced buffers for stormwater management will require a vegetation management plan. 3. Appropriate signage demarcating the boundary of the wetland buffer must be placed by the applicant before release of the final plat. The signage must be at any point the buffer boundary intersects with a property line, either existing or proposed, and any point of deflection greater than 10 degrees. At no point may the distance between signs be greater than 200 feet. Sign placement must be shown on a plan sheet. 4 City Council Summary — November 13, 2012 4. Setbacks shall be labeled on the plan set as to if they are setbacks from the OHW of a Public Water or setbacks from a wetland buffer. 5. All tree protection fencing shall employee metal T- posts. Erosion and Sediment Control 1. All silt fences shall be machine sliced or heavy duty as defined in part 3886 of the MnDOT Standard Specifications for Construction 2005 Edition. 2. Those areas to be protected from grading, construction traffic, material stockpiling or other disturbance shall be clearly labeled on the plans and adequate protection in the form of fencing with metal T -posts shall be shown on the plans and installed prior to any earth - disturbing activities. This shall be included as part of the SWPPP. 3. Final stabilization must be shown on the grading plan. The graded areas contiguous to wetland 1 and wetland 2 must be stabilized with Method 2, 3 or 4 as defined in part 2575 of the MnDOT Standard Specifications for Construction 2005 Edition. 4. Seed mix or other method of establishing vegetation in disturbed areas shall be called out on the plan set. 5. A method of establishing native vegetation within the disturbed buffer areas shall be called out on the plans. 6. Sediment control best management practices shall be specified on the plan set for both culverts draining to wetlands. Strong preference shall be given to inlet protection. 7. It shall be the responsibility of the applicant to assure compliance with all other pertinent regulations and requirements, including, but not limited to NPDES permit requirements for phased development where the total disturbance associated with the common development exceeds the minimum threshold. 8. All applicable details shall be included within the plan set. The city can make these available to the applicant. Surface Water Management 1. The applicant shall provide the city with an exhibit quantifying those areas within conservation easement, wetland, and wetland buffer areas so that the fees accurately reflect the amount of developable land. 2. Based upon the information provided, SWMP fees due at Final Plat are estimated to be $33,305.60. All voted in favor and the motion carried unanimously with a vote of 4 to 0. 5 City Council Summary— November 13, 2012 Resolution #2012 -63: Councilwoman Ernst moved, Councilman Laufenburger seconded that the City Council adopt a resolution to vacate the drainage and utility easements on Lot 1, Block 1, Song Addition as shown on the attached exhibits prepared by Otto Associates. All voted in favor and the motion carried unanimously with a vote of 4 to 0. COUNCIL PRESENTATIONS. Councilman McDonald, also speaking for Councilwoman Tjornhom, thanked the residents who listened to them during their campaign noting they were grateful for their votes. Mayor Furlong thanked Karen Engelhardt and the election judges for helping the election run smoothly. Councilwoman Ernst recognized Laurie Hokkanen for her work in organizing the Beyond the Yellow Ribbon breakfast event that was held at the American Legion. Councilman Laufenburger commented on the Veteran's Day programs he attended at Chaska Middle School West and Chapel Hill Academy. ADMINISTRATIVE PRESENTATIONS. Todd Gerhardt provided an update that bidding of the Highway 41 trail portion from Minnetonka Middle School West to Chaska Road will be postponed until spring, 2013. CORRESPONDENCE DISCUSSION. Councilman Laufenburger asked about the process of replacing the Planning Commissioner who resigned. 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 6