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1e1 Lake Susan Hills West 9th Addition Final Plat 1 LH I C ITYOF it 1 CHANEASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 1 (612) 937-1900 • FAX (612) 937 -5739 0 , Aofion by City AM1111s1 1 MEMORANDUM Endorsed ✓ 7:)1 NodRiad .,..�.. TO: Don Ashworth, City Manager ate 6 - 9 -93 I Dete Submitted to Corfff FROM: Jo Ann Olsen, Senior Planner �•■ r Dete Submitted to "=" I DATE: June 8, 1993 4-14—q3 1 SUBJ: Final Plat Approval for Lake Susan Hills West 9th Addition I At the May 10, 1993, meeting, the City Council approved the preliminary plat for Lake Susan Hills West 9th Addition as shown on the plans dated April 12, 1993, with the following conditions: I 1. The front yard setback can be reduced to 25' where it will preserve natural features if approved by city staff. I * This condition still applies and will be part of the development contract. PP P P 1 2. The applicant shall enter into a development contract with the City and provide a financial security to guarantee installation of the public improvements and compliance I with the conditions of approval. . * This condition still applies and will be part of the development contract. 1 3. The applicant shall supply detailed storm sewer calculations for a 10 -year storm event and ponding calculations for the retention ponds (NURP standards) for the City Engineer to 1 review and approve. * This condition still applies and will be part of the development contract. I 4. The applicant shall supply detailed construction plans for utility and street improvements for the City to review and formally approve. All utility and street improvements shall be I constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. 1 I. 1 x .41. PRINTED ON RECYCLED PAPER 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I Don Ashworth June 8, 1993 1 Page 2 * This condition still applies and will be part of the development contract. 1 5. The applicant shall be responsible for obtaining and complying with all necessary permits such as MWCC, Health Department, Watershed District, PCA and Carver County 1 Highway Department. * This condition still applies and will be part of the development contract. I 7. All retention ponds shall include an outlet control structure to control discharge rate pursuant to NURP standards. I * This condition still applies and will be part of the development contract. I 8. The Applicant shall provide maintenance access routes to the retention pond areas and dedicate the appropriate easements on the final plat. In addition, all utility lines outside the street right -of -way shall be dedicated with a minimum of a 20 -foot wide drainage and 1 utility easement. * This condition still applies and will be part of the development contract. I 9. Erosion control and turf restoration shall be in accordance with the City's Best Management Practice Handbook. I * This condition still applies and will be part of the development contract. PP P P 1 10. If feasible, the applicant shall work with the City and County in oversizing the storm drainage improvements to include the future runoff from the upgrade of Powers I Boulevard. The applicant would be compensated for the associated oversizing costs. * This condition still applies and will be part of the development contract. 1 11. The location of all fire hydrants shall be approved by the City's Fire Marshal. 1 * This condition still applies and will be part of the development contract. 12. Mallard Court should be renamed to either Drake Court or some other acceptable street I name. Lake Susan Hills Drive shall also be renamed as supported by the Public Safety Department. 1 * Mallard Court has been renamed. 1 1 1 Don Ashworth 1 June 8, 1993 Page 3 13. Five -foot concrete sidewalks should also be extended from Lake Susan Hills Drive west to Dove Court. 1 " This condition still applies and will be part of the development contract. 14. The vegetated areas which will not be affected by the development will be protected by 1 a conservation easement. The conservation easement shall permit pruning, removal of dead or diseased vegetation and underbrush. All healthy trees over 6" caliper at 4' height shall not be permitted to be removed. Staff shall provide a plan which shows the location of the conservation easement and the applicant shall provide the legal description. Generally the conservation easement shall be on the following lots: 1 Lots 1 -6, Block 2 * This condition still applies and will be part of the development contract. 15. Lots 6 -16, Block 3, Lots 1 -10, Block 4, and Lots 20 -28, Block 5 shall be custom graded lots and the following conditions shall apply: a. Each of these lots shall conform to the approved custom graded plans. Deviation 1 from these plans which will result in more removal of vegetation, will not be permitted. All trees designated for protection shall be protected with snow fence at a distance 11/2 from drip line. All building permits shall have a survey showing tree numbers and which will be preserved/removed. b. Each of these lots shall have a woodland management plan developed by the developer prior to issuance of certificate of occupancy. The woodland management plan shall be developed by a licensed forester approved by the city. A copy of the woodland management plan shall be kept in the building permit file and a copy will also be given to the homeowner. c. Each of these lots shall only be permitted to have the following trees removed 1 (these numbers correspond to the tree survey numbers as shown on Sheets 8 and 9 of Plans dated April 12, 1993: 1 Block 3 Lot6 -64 1 Lot 7 - 84, 85, 86, 87, 88, 90, 91 Lot 8 - 100, 502, 503, 504, 507, ,510, 511, 512 Lot 9 - 567, 575 Lot 10 - 582, 601, 602 1 1 1 1 Don Ashworth June 8, 1993 1 Page 4 Lot 11 - 592, 593, 594, 559, 599 1 Lot 12 - 598, 626, 633, 634, 635, 647, 648, 649 Lot 13 - 605, 624, 625, 652, 715 Lot 14 - 615 I Lot l5 -606 Lot 16 - 573 ' Block 4 Lot 1 - 863, 870, 871, 872, 873, 875, 878 I Lot 2 - 817, 818, 854, 857, 861 Lot 3 - 828, 829, 830, 839, 840, 841, 519 Lot 4 - 524, 525, 985 1 Lot 5 - 532, 533, 534, 535, 537, 550, 990, 991, 992, 994 Lot 6 - 587 Lot 7 - 563 1 Lot 8 - 568, 569, 582 Lot 9 - 616, 626, 630, 637, 645 Lot 10 - 619, 620, 621 I Block 5 1 Lot 20 - none Lot 21 - none I Lot 22 - none Lot 23- 911,914,917 Lot 24 - 880, 881, 882, 883, 884, 878, 879 I Lot 25 - 502, 996, 997 Lot 26 - 570, 571, 573, 578, 579, 580, 581 Lot 27 - 603, 604, 605 I Lot28 -613 * This condition still applies and will be part of the development contract. I 16. The landscaping plan shall be amended to provide the following: I a. Increased landscaping along Powers Boulevard (CR 17) and internal boulevard and entrance landscaping. 1 b. Improved landscaping materials, with at least 50% of the hardwoods from the Primary species list. 1 1 Don Ashworth June 8, 1993 Page 5 c. A plan providing $750 worth of landscaping/single family unit. 1 * This condition still applies and will be part of the development contract. 17. Park and Recreation Commission conditions: a. Dedication of Outlot E to the city; 1 b. Construction of the following trails: _ 1 1. an 8 -ft. wide bituminous trail along the west side of Lake Susan as indicated on Attachment B, Segments D and E; 2. an 8 -ft. wide bituminous trail along the east side of Powers Boulevard (CR 17) as indicated on Attachment B, Segment B; 1 3. Trail segments A, C and F 4. Park fees are assessed at one -half of the rate in force upon building permit P g application. All trail fees have been waived as a part of the development of Lake Susan Hills West. 5. The two trail easements identified allowing access to the shoreland trail be consolidated into one 40 -ft. easement at the location of the northerly easement. * The development contract with Argus Development, Inc. necessitates that the 1 developer construct the trail segments described herein with the exception of Segment C. However, it is not in the city's interest to require the construction of Segments A and B at this time. If constructed, this trail would be in jeopardy when the road is upgraded within the next few years. As such, this condition is hereby clarified by the deletion of item #B. 2. and replacing it with the following condition: 2. In lieu of constructing trail Segments A, B and C (Attachment B), the applicant shall provide a lump sum contribution to the City's trail fund in the amount of $28,800 (2,400 lineal feet at $12 per foot). This cash contribution reflects the value of Segment B only, as the applicant has previously compensated the city for Segment A and Segment C was not required as a part of the development contract. 18. Buildin g Official conditions: 1 Don Ashworth June 8, 1993 Page 6 a. Indicate lowest floor elevations and garage floor elevations for each house pad on the grading plan. * This condition has been met. b. Submit details on corrected pads including compaction tests, limits the pad and elevations of excavations to the Inspections Division. A general soils report for the development should also be submitted to the Inspections Division. * This condition still applies and will be part of the development contract. c. Oversized street signs shall be placed at each of the four outlets of Lake Susan Hills Drive on Powers Boulevard. The signs shall indicate the range of addresses on the street. * This condition still applies and will be part of the development contract. 19. The applicant's engineer shall provide a final grading plan with detailed house types, elevation and grading limits on all lots. The final grading plan shall also take into consideration existing stockpiled material along County Road 17. * This condition has been met. 20. A condition shall be placed in the development contract regarding maintenance responsibilities for homes with ejector pumps. * This condition still applies and will be part of the development contract. 21. Any trees damaged during construction shall be replaced on a caliper inch basis per the ordinance, Section 20- 1178(c)(7). * This condition still applies and will be part of the development contract. 22. One additional overstory shade tree on untreed lots from the city's approved list for a total of 2 overstory trees in the front yard. * This condition still applies and will be part of the development contract. 23. Notification to all subcontractors about concern of tree preservation and the consequences thereof. * This condition still applies and will be part of the development contract. I Don Ashworth June 8, 1993 Page 9 Lot 4 - 524, 525, 985 Lot 5 - 532, 533, 534, 535, 537, 550, 990, 991, 992, 994 Lot 6 - 587 Lot 7 - 563 Lot 8 - 568, 569, 582 Lot 9 - 616, 626, 630, 637, 645 Lot 10 - 619, 620, 621 Block 5 Lot 20 - none Lot 21 - none Lot 22 - none Lot 23- 911,914,917 Lot 24 - 880, 881, 882, 883, 884, 878, 879 Lot 25 - 502, 996, 997 Lot 26 - 570, 571, 573, 578, 579, 580, 581 Lot 27 - 603, 604, 605 Lot 28 - 613 12. The landscaping plan shall be amended to provide the following: a. Increased landscaping along Powers Boulevard (CR 17) and internal boulevard and entrance landscaping. b. Improved landscaping materials, with at least 50% of the hardwoods from the Primary species list. c. A plan providing $750 worth of landscaping/single family unit. 13. Park and Recreation Commission conditions: a. Dedication of Outlot E to the city by warranty deed before the city signs the final plat; b. Construction of the following trails: 1. An 8 -ft. wide bituminous trail along the west side of Lake Susan as indicated on Attachment B, Segments D and E. 1 1 1 Don Ashworth June 8, 1993 ' Page 10 2. In lieu of constructing trail Segments A, B and C (Attachment B), the applicant shall provide a lump sum contribution to the City's trail fund in the amount of $28,800.00 (2,400 lineal feet at $12 per foot). This cash contribution reflects the value of Segment B only, as the applicant has 1 previously compensated the city for Segment A and Segment C was not required as a part of the development contract. 3. Trail Segment F connecting to Lake Susan Hills Drive. 4. Park fees are assessed at one -half of the rate in force upon building permit application. The fees shall be paid on a lot by lot basis prior to the issuance of a building permit for the lot. All trail fees have been waived as a part of the development of Lake Susan Hills West. 1 5. The two trail easements identified allowing access to the shoreland trail be consolidated into one 40 -ft. easement at the location of the northerly 1 easement. 14. Building Official conditions: a. Submit details on corrected pads including compaction tests, limits the pad and elevations of excavations to the Inspections Division. A general soils report for 1 the development should also be submitted to the Inspections Division. b. Oversized street signs shall be placed at each of the four outlets of Lake Susan 1 Hills Drive on Powers Boulevard. The signs shall indicate the range of addresses on the street. 1 15. Lot owners shall be responsible for the maintenance of ejector pumps. ' 16. Any trees damaged during construction shall be replaced on a caliper inch basis per the ordinance, Section 20- 1178(c)(7). 17. Unless a lot already has two overstory trees in the front yard, additional overstory trees, from the city's approved list, shall be planted in each lot so that there are two overstory trees in each front yard. If this has not been accomplished prior to the issuance of a building permit for a lot, before a building permit is issued, arrangements must be made to have the trees planted within one grading season after the building permit is issued. The city should require security to guarantee compliance. 18. Subcontractors shall be notified by the applicant of the tree preservation requirement. 1 1 1 Don Ashworth I June 8, 1993 Page 11 1 19. Outlot A shall be dedicated to the city by warranty deed. 20. The applicant should be aware that review of the final street and utility construction plans 1 may or may not result in dedicating additional easements over the plat. 21. The existing telephone easement shown on the final plat shall be abandoned or relocated 1 outside the building areas on the lots prior to recording of the final plat. - - - - 22. Type I erosion control fence shall be extended along the perimeter of wetland along the I rear lots in Block 3 and from Lot 10, Block 4 to Powers Boulevard. 23. A culvert shall be installed under Lake Susan Hills Drive at Powers Boulevard. The size, 1 type and location shall be approved by the Carver County Public Works Department. 24. If the site earthwork requires hauling material into or from the site, the applicant shall 1 q g submit a haul route to the city for review and approval. All wetlands shall be denoted on final Lars. plat mylars. p y ATTACHMENTS 1 1. Exhibit B showing trail segments. 2. City Council minutes dated May 10, 1993. 3. Final plats dated June 8, 1993. 1 1 1 1 1 1 1 1 . v h : : � MI(-3/ I nisi N e i i u ■ul � ,o�d � .�o �; cam, .. �,� i ■ 11111 1 NA RD � ®������ ��� v � o �� qllirg,f41111Vgir- )Tian nJ Ann . off ��■ 1 P� rulikitsiu_HIGtivio * ° LA ..�'' �, ■ " ' ‘) 11.4011" , ;-)--- -1 ! ... J 0 7 wa - , p.o. „4 1 - . ; PARK ' Exhibit B s J .-- •■ I --... ■,,.., ‘S 40) k l( .. .... ��1'1*.� \.. 5PN© �� ��,� ,� Q V `� 1 CIRCLE ' O 0 E��A�ak. y .. i Q. ) A � - i , �' 44 °l AI ' LAKE SUSAN r1 i t , � I , �� 1a�16 a A .. i rains uttt 4 Q- irlitui 1 •-• ,,,--- ----,.._ ______.„-------- 4 cf? 1, svOlgo Atrivr r" ., i , / , p ! ? L! _____ --___ - _ ry 4,vs gi s - 1 ' 1111 P''' ' . 0 AAA' NI 1, 8 i - 4, .. _ prbv .. .. iii ,T, / N..- k- " - i us i • 4..i- % ; k*, otoll T. g v-- / �''-- - -- R app, E. = 4 4 r ‘ t , p lk A T�l�, nLa7ar -- , t ,,,, . raw 4...% ,,- El e ' i LY Ot M JR N i -° ,4 ' 2 -,� c. di ,Ilbt„ak E to . - EVARt'f - -- (GLIB/ II. _ I I N 4.5)/ i 1 1 OQ I • BAND /MERE i I .% . PARK 1 i. i / BAND /MEN 4111r" 4 1111,41111 r `��• /` City Council Meeting - May 10, 1993 Charles Folch: Yeah, we're going to try and schedule a meeting either next week or the following week with those businesses so, that's a very good idea. Mayor Chmiel: Any discussion? It sounds like a lot of money, but it's got to be done if we're going to survive in the downtown in our driving habits. And some of the additional widening of the 78th Street as well. And that's a requirement because of many of the discussions that we've had entailing the emergency vehicles, the accessibility and making those turns and some of the other vicom. Excuse, is that the right term? Councilman Wing: Opticom? Mayor Chmiel: Opticom. I was close. So that they're able to automatically able to change those lights as they're coming to the intersections so they can have clear sailing through rather than dodging traffic and darn near getting hit in many instances. So with that I would, any discussion? Hearing none I'll call the question. Resolution #93 -40: Councilman Mason moved, Councilwoman Dockendorf seconded to award the West 78th Street Detachment and Downtown Improvement Project 92 -3 to C.S. McCrossan Construction Inc. at a contract amount of $2,623,148.48 contingent upon receiving MnDot's State Aid approval. All voted in favor and the motion carried. VARIANCE REQUEST FOR A 2 CAR GARAGE ON PROPERTY ZONED RSF AND LOCATED AT 3841 RED CEDAR POINT DRIVE, KEVIN CLARK. Mayor Chmiel: Kevin Clark was here. We did not have a full Board of Adjustments and Appeals and therefore refer to Council. The 2 people who sat on approved it but we do need finalization by City Council on this. Are there any discussions? If hearing none, I will call a question. Councilman Mason moved, Councilwoman Dockendorf seconded to approve the Variance Request for a 2 car garage on property zoned RSF and located at 3841 Red Cedar Point Drive. All voted in favor and the motion carried. PRELIMINARY PLAT OF A PLANNED UNIT DEVELOPMENT FOR 93 SINGLE FAMILY LOTS; AND A WETLAND ALTERATION PERMIT TO CREATE HOLDING PONDS, LOCATED EAST OF POWERS BOULEVARD AND SOUTHWEST OF LAKE SUSAN; LAKE SUSAN HILLS 9TH ADDITION, ARGUS 1 DEVELOPMENT. Public Present: 1 Name Address Peder Olson 8635 Chan Hills Drive No. 1 Jim Pehringer 1010 Lake Susan Hilis Drive Dale Lewis 1020 Lake Susan Hills Drive Lisa Thompson 8665 Chan Hills Drive No. 1 Robert Smithburg 8657 Chan Hilis Drive No. Ron Isaak 3459 Washington Drive Phil Jungbluth 3459 Washington Drive Wayne Tauer Pioneer Engineering 9 City Council Meeting - May 10, 1993 Torn 3renner Joe Miller Homes Dick Anderson 1030 Lake Susan Hills Drive Pete Kurth 1040 Lake Susan Hills Drive David Quinzon 1071 Lake Susan Hills Drive Paul Krauss: Jo Ann Olsen is sick tonight so in her absence I'll try to wing this one. The current proposal represents the last phase of the Lake Susan Hills PUD that was initiated in 1987. The original proposal for the 9th Addition that was brought before the Planning Commission in March called for creating 91 single family lots on a 76.7 acre site with plans that generally followed the 1987 concept. Now that concept in large part dictated the street layouts, the use of the property in terms of single family homes, lot sizes, and ' park dedication requirements. A lot of this project is guided by previously agreed upon dedications of public open space. From the outset, preservation of trees was an extremely important factor with this proposal. There's a very significant stand of mature trees found on the site and it's been a major concern of staff's, the Planning Commission, and area residents since the start. The Planning Commission reviewed the item in March and tabled it to allow time for further research and modification to include tree preservation. There was ' some peripheral issues related to the validity of the underlying PUD contract but the primary emphasis was on tree preservation issues. When the plans were brought back before the Planning Commission in April, they incorporated some 1 - really significant modifications designed specifically to improve upon tree preservation. These included the unusual measure of requiring homes to use sanitary sewer ejector pumps. In the case where grading to the rear of the homes where the gravity line would have otherwise been located would have -, resulted in additional tree loss, they were required to install ejector pumps to eject the sewage back out to the street and eliminate the need for grading. In addition there are a number of lots where mass grading, as has been the norm elsewhere in this development is prohibited. That the lots have to be graded on a custom grading basis. That one of the streets, and I looked for quite a while to try to find the most accurate, up to date transparencies and I'm not sure I succeeded but one of the streets to Crane Circle which intruded into the tree line has been eliminated and the lots reconfigured to save the significant stand of trees in that area. The developer, and this is a first for us, is also being required to develop a woodland management plan by a Certified Forester. And ' that will help to, and they'll work on a lot by lot basis to assure that tree preservation is maximized. In addition, we've got so much information on this one, and such a detailed effort has gone into it, we've actually been able to ' specifically state which trees on which lots are permitted under the PUD to come down and which aren't. While it's clear that the development process results in some tree loss, staff is comfortable that all reasonable means are being ' employed to protect our community's resources. The Planning Commission strongly supported these initiatives and most of the residents who spoke at earlier meetings seem to agree and be comfortable with the current proposal. Other issues pertaining to the plat have been explored and have either been resolved or will be dealt with by appropriate conditions. There is one exception however. The Public Safety Department has, in the course of reviewing this project recommended, reviewed the street names and recommended that the Lake ' Susan Hills Drive be renamed due to some confusion with the street as it extends east and west across Powers Boulevard. The Planning Commission agreed with the Public Safety Department's original recommendations in this area. However, I was talking to Scott Harr this afternoon. There's been some meetings with the ' residents and Scott, maybe I can let you fill in the detail on that. 1 10 1 City Council Meeting - May 10, 1993 Scott Harr: Originally the Building Official, the Fire Marshal and myself took a hardline stance that that street should be renamed. We sent out a notice to the residents that are living there now that would have to change the name of the street. I think there was 9 homes that would have to change their addresses and we had a very good response. We set up a meeting here in the Council chambers some time ago and explained our position and we had an officer here as well. We explained our concerns and the potential safety concerns and we really had a good exchange of information that night and perspectives and worked on trying to meet somewhere in the middle. Our concern obviously is we don't like having a street run that long where there's two different ways to get to it because it doesn't meet the grid system of addresses. The concern of the residents was that it would be an expense and an inconvenience and even a possible safety concern to change the street name after they've already had all of their subscriptions, newspapers, investments, bank accounts, with one address and even taught their children that street name for a 911 emergency. We basically invited them to help us come up with some alternate ideas and they did. Basically by putting signing monuments or some kind of directional signing out front that would be large enough to let emergency responsers know that you'd have to go one way or the other. I'm not concerned about our fire department finding the right location. I'm not concerned about the deputies and officers that generally work Chanhassen but we do have deputies that are assigned to Chanhassen to fill shifts that aren't familiar with town and could possibly get confused. We do have ambulance personnel that are not in town a lot and in the case of a mutual aid call, it is a possibility that we'd be bringing in fire equipment from other jurisdictions that would be relying on the grid system of the map that this particular roadway doesn't correspond to like the rest of the areas in Chan. With that all said, we asked for some ideas. They came up with them. In a perfect world this wouldn't have slipped through. I will say that I think that none of us on the current staff are rezponsible for the fact that this street configuration and naming came in. This was okayed by people long before us. Now we have checks and balances to prevent this from happening. Well we intended, as I began this commentary on by saying that we intended to take a very hard line stance. After we listened to what the residents wanted, we took the position that while we, our first recommendation would be to change the street name. If the residents that are there are willing to accept and understand what little risk may be there, and I'm not sure there's much of any, and they were able to very positively come forth with some alternatives that would work, that we would withdraw our strict position that that street name be changed and go along with the alternatives they came up with, which we're comfortable with. Paul Krauss: So with that Mr. Mayor, there still is a condition carried forward 1 from the Planning Commission that that street name change occur so we'll leave that up to you to do with it as you see fit. As I say, we do believe that we have a pretty well designed project here that was extremely responsive to the major issues that were raised and we are recommending that it be approved with appropriate conditions. Mayor Chniel: Thank you Paul. Is the applicant here? Is there anything that 11 you'd like to say anything more than what Paul has said? Phil Jungbluth: Just a couple of things possibly, yeah. , 11 1 1 City Council Meeting - May 10, 1993 1 Mayor Chmiel: Okay. If you'd like to come up to the microphone please. Phil Jungbluth: Mr. Mayor, Council. My name's Phil Jungbluth with Argus Development. 3459 Eagan. Washington Drive in Eagan and I just wanted to say ' just a few things and I think they're positive things about the PUD that we've been developing over the past several years. Number one, it was a good plan to begin with and it still is. We have made modifications all along the way over ' the years and ever;'time they've been for the better and they followed all the pertaining and current city ordinances over that period of time. In this particular 9th Addition of Lake Susan Hills, I just want to point out that we ' are providing over 35 1/2 acres of parkland with this PUD and with this 9th Addition that wouldn't exist without it. Along with many trails that the city I know has been planning on and desiring and waiting for for several years. When we have talked about custom grading lots, we do mean to the nth degree. Only ' the streets will be graded and then on a lot by lot basis wherever there are trees, we will be working diligently with a forester to save the trees that are there. We will be working with the city staff to make sure that we are preserving every tree that can be preserved above and beyond what may even have been required. Additionally I'd like to state that we take it very seriously and have hired an award winning architect from the Twin Cities to work with us with the individual landowners on those particular lots. So we take it seriously. We know it's an important issue and we want you to know that we're doing our best and have done and have worked very closely with the city and they've been very helpful with us to make all this come about. I'd like to point out that there are some very wonderful trees out there. I don't deny that. We are removing a very minor amount of those trees and we will be replacing trees. Along with any development, we also go along and plant trees. If we have 90 lots in the development, which is what we have, that's 90 new trees. Along with that we'll be planting trees along Powers Boulevard according to the city plan. I hope you have a coyp of it, or landscaping plan but there's many more trees. We're also agreeing to provide a $750.00 landscape allowance per lot. We've done that more in the past in the other additions. Up to $1,000.00 per lot in fact. I think that just as an overview, I know that hopefully everybody's had a chance to look at it but since the time we started, we have removed scme lots and we've done some major adjustments to the lots that are present so I hope you realize our commitment to this particular project and our willingness to cooperate and hope that you'll pass this project this evening. Thank you. Mayor Chmiel: Thank you. Is there anyone else wishing to address this proposal? If you would please, state your name and your address. Robert Smithburg: Mr. Mayor and Council members. My name is Robert Smithburg and I live at 8657 Chanhassen Hills Drive North. I have traveled to many places ' around the world, developed and undeveloped. What I have found is that a community's pride lies in what has been preserved for the future. Parks, historical landmarks, etc. And on the other hand, how the community is best served by these enhancements. Laws and regulations that enhance the environment in which we live are legislated for a better quality of life. Since we are delaing with potential risks and dangers to this fragile environment, safe guarding must be undertaken. We are, as a community are involved in a project that encompasses these frailities. The development of Lake Susan Hills 9th ' 12 1 City Council Meeting - May 10, 1993 I/ Addition must be a project that must be frequently and consistently monitored so that the final outcome is something that Chanhassen and it's residents can be proud of. This monitoring must be coordinated closely with staff. Failure to consistently and frequently monitor this project will result in irrepairable damage to our ecosystem and the corresponding loss of pride in the community. We need strict compliance by contractors involved in this development to insure the best possible outcome. They need to be held, accountable. We would expect that penalities will be assessed for failure to comply with the standards, codes 11 and regulations that are now a part of this PUD. This is a must for survival of a valuable resource and asset to Chanhassen. If complied with and careful consideration is given to this fragile environment, this will be a model development for the future. If not, all the effort, time and work will be for ' naught. Our concerns must be satisfactorily met. In conclusion, I'm asking you, the City Council to insure that this development meets and will meet the current standards incorporated into this PUD to protect this valuable asset to our community, old growth trees. Thank you. Mayor Chmiel: Thank you Robert. Is there anyone else? Dale Lewis: My name is Dale Lewis. I live at 1020 Lake Susan Hills Drive and I guess I'm asking for clarification regarding this name change of the street which all of us that I'm aware of that live down there are opposed to. We received a letter a few weeks ago telling us that you were not going to change the name. That you had decided on the alternate of identifying the number span I guess of what's down there. Has that changed now? Scutt Harr: No. The letter said that you swayed the Public Safety Director, the Fire Marshal and the Building Official to remove our demand. That it would be forwarded to the Planning Commission. 1 Dale Lewis: But isn't that the staff that makes this recommendation? Scott Harr: It's one department. , Dale Lewis: Well where do we stand? This is still an open issue then, is that right? Mayor Chmiel: This I think we'll address as we further the discussions here and that is an item number 12 of the recommendations of the conditions. And at least as I look at it, right now my own opinion, I've gone through the process of just changing a street number in itself. That is very cumbersome, time consuming, and also costly. They changed everything around and I think some of the things that have been said by Scott, are things that I support. A lot of the concerns of children knowing where they live and what street they live on is very important. And at least in my own opinion, I would lobby to leave that street name as basically it is. I think that's at least where I'm coming from. ' Dale Lewis: Okay. We have 9 residents down there that will agree with you Mayor. , Mayor Chmiel: Is there any other discussion? Lisa Thompson: Is it appropriate to ask questions now? i 13 1 City Council Meeting - May 10, 1993 II II Mayor Chmiel: Certainly. Lisa Thompson: ...because I don't have any background information on this. I I came for another issue but I was wondering what the requirements are. If a certain percentage of trees are removed, is there a formula for the number of acres? How many trees can be removed or how is it that you figure what the right of the developer is? To go in and deal with the landscape. II Paul Krauss: Well, if only it was as black and white as a formula. I Mayor Chmiel: It isn't, that's right. Paul Krauss: It's really a process wherein, clearly the developer has some II right to develop the property. In this case that right was established in 1987 by an earlier plan. We worked with the developer to insure that the tree loss was minimized to the greatest extent possible and there were very significant changes to the plan that resulted. Loss of lots. Rearrangement. Condition of II streets. There is still tree loss that occurs. Our ordinances do provide on some sort of a caliper inch replacement of what's lost. There are new tree being planted. I mean clearly you cannot replace old growth trees with anything II in anybody's lifetime. So the ordinances that we have in place right now very mach try to just minimize the problem. And in that case I think they did a very good job in this particular instance. There is a, the City does have a Tree Board that's been meeting over the last month or two in an attempt to develop a II new tree protection ordinance. This is a problem that most communities, a lot of communities have grappled with and nobody's come up with a real good response yet. We also work closely with the ONR Forester to develop our tree protection II strategies and he's been involved in this extensively. Lisa Thompson: So are there limitations? So if you come in and if you develop II the 90 lots and then a year or 2 later shock sets in and then the trees are wiped out and succumb to disease after the development is done, does the law still apply at that point? Paul Krauss: Well it gets very tough. I mean what we do is we try to ascertain the best way of developing something knowing how fragile these trees are. Establishing protective measures under the dripline. Keeping equipment out of II there. That sort of thing. If a tree dies 2 years from now, 4 years from now, it's very difficult to know why it died. So we do everything within, that's humanly possible to keep these trees from being damaged in the first place. At that point, this is long after the homes have often been established that II something may happen, or may not happen, and it's very difficult to assign blame and we really don't try at that point. I Lisa Thompson: Well that's my concern. That it takes a long time for these trees to die when you start digging up around them so it's possible that the developer can step away. If these trees that are remaining do start to die 4 I and 5 years later, he doesn't have any responsibility then to come in and replace them under this, whatever agreement that there is to replace them based on caliper size? II Mayor Chmiel: We do take some additional precautions over the long run. We II 14 II City Council Meeting - May 10, 1993 I/ just don't go by what the dripline of the tree is to preserve the roots within the ground. There's additional, is it 15 feet am I correct in saying, of the other portion of that circumference of that dripline. That we feel gives it a better protection for that tree to survive. And it's hard to say whether the digging really killed the tree or if there's an infestation within that tree in itself. By whatever means may attack those trees. Many years ago we, in this city, we did not have the protection as we do now. We have taken this upon ourselves to tighten it up as tightly as we possibly can in making sure that when developments occur, those trees being replaced or taken out, are those trees that are within the roadways or in placement of where that home is going to be. Other than that most, in fact all the other trees do remain. So I might say that Chanhassen is really taking a stride forward to do the best protection that we possibly can. We have many environmentally concerned people sitting here that do watch that, and not only that but other items within the city including the lakes, the streams, everything else. And we do have one specific person sitting on our Council who really watches our trees in itself. Mr. Wing is well known with his outcries for those kinds of things. Lisa Thompson: Can I ask if the City's doing anything to encourage developers to buy vacant cornfields and it seems like there are so many of them for sale, and promote development of those areas? And if developers say they love to plant trees, why can't development take place in some land that's available that wouldn't cause so much destruction as opposed to taking the last remaining stand of the oldest trees in the city. Does the City do anything to encourage developers to look at other areas? Mayor Chmiel: I think all land within the city of Chanhassen is spoken for. Every speck of it. And everyone has a certain right to develop their property, which they do purchase. 1 Lisa Thompson: Right but, so the City is not taking any stance to encourage development in areas that could use a few trees as opposed to going into areas tha' are already heavily wooded? Mayor Chmiel: Oh sure. Sure, and it depends upon developments in themselves. Yhere they're at and where they're located and what they plan on doing. There are a lot of cornfields that will be filled. C_uncilman Mason: Yeah, and I think in all fairness, there's some of us that don't want to live in cornfields. Some of us are lucky enough to... Lisa Thompson: That's right. Absolutely. Councilman Mason: So I think there is a trade -off there. I know I had a very pleasant conversation with Bob about this whole issue and unfortunately, if a developer owns some land, it's their right to develop it. And I have been at 1 odds with that many times. I think almost all of us have been here. And I think, after going through this and after talking with Bob, I'm inclined to agree that the City is doing I think the best we can be doing right now in ' trying to save old growth trees. We have some pretty stringent requirements and we may even have some more stringent requirements on those old growth trees before this session is done tonight. I mean if somebody owns the land you can't really say, oh sorry. You own the land but you can't do anything with it 15 1 City Council Meeting - May 10, 1993 II because then we have to buy it. If we do that and then your taxes go like that. II So we are kind of caught between a rock and a hard place and I think what we need to do is reach a compromise that will benefit most the trees in that case, in this issue. Because this is a very delicate area here and I think that the I terms is a compromise that will best help the environment. Lisa Thompson: Thank you. II Mayor Chmiel: Thank you. Is there anyone else? Jim Pehringer: Mayor. Members of the Council. My name is Jim Pehringer. I I live at 1010 Lake Susan Hills Drive and I guess you can predict the subject I'm going to talk about but I wanted to point out that the tone of tonight's meeting as well as the meeting on March 28th was really emotionally charged. I'm II pleased to hear that the residents are very concerned about the aesthetics of Chanhassen and of some of the qualities that have drawn us to this area. I don't want to underscore the issue of trees. I happen to live right and adjacent to this new development and have some strong feelings. I wanted to get II back to another issue which is probably as emotionally charged to me, having made a purchase decision to live on Lake Susan Hills Drive and wanted to further that issue, if that wouldn't be too belaboring. And that is about the name I - change. And I wanted to say that a lot of decisions went into the 9 homes that purchased this initial development of Lake Susan Hills Drive and those decisions ,ar teased on the location of the road next to the lake and the fact that some of the natural beauty was preserved in the initial aspects of the development. II Now the development 5 years later has gone to it's 9th phase or 9th Addition and there seems to be some concerns about the initial layout which I find to be rather dubious. I wonder if there is something else behind the concerns about II the safety issues. This layout as I understand has been on the books for a while and people were aware of it. I wanted to say that I am not aware of any emergency problem that has taken place and I'm not aware of any documented .I difficulties. I understand that there are some concerns about it not meeting some grid or some pre - arranged format but the way this city is growing and the development that's taking place, I can appreciate that any new emergency operator or public service employee may not be familiar with the city just on II the basis of it's growth. The other thing I wanted to point out and that is that the Lake Susan Hilis Drive, which is on both sides of Highway 17, is from my estimation about a 5 to 6 block range and if there is an issue of emergency II vehicles attempting to find a particular address, I think that within a 6 block range in a circular drive, is not a major emergency issue and I will agree that any minute loss to confusion or misdirection is a vital minute but I think we II need to put this in a perspective with regard to the 9 residents concerns as voiced by Mayor Chmiel and that is, it can be quite devastating I think to people who put their homestead down here and made some decisions based on that. Have children. Have businesses in their home to be concerned about as well as I the emotional decision of purchasing a property on a particular street and a particular location. So I underscore your comments and want to relay my concerns about this. Thank you. II Mayor Chmiel: Thanks Jim. Is there anyone else? II Dick Anderson: I'm the owner of the property on 1030 Lake Susan Hilis Drive II 16 II City Council Meeting - May 10, 1993 and I along with Jim have a lot of concerns about changing the name of the streets. We met with the Planning Commission back in the first part of March, which I don't know if you got a copy of the letter that was sent after that. We voiced all of our concerns at that time. One of the major ones that I think should be considered here is there's a lot of young children that live on that street and to get them to reprogram themselves to a new street address and that could be more of a safety hazard than not changing the name. Like I said, there's a lot of young ones and they've memorized that address so when there's a call coming in, they know the address to give the police or the 911, whatever it is. I also understand that by changing the street name, that could cause some problems with the 911 system. We talked with the Post Office and the Post Office was not aware of this whatsoever. They indicated that there could be a delay in the delivery of the mail by changing the street address also. And I, like Jim there, take great pride in the name Lake Susan Hills Drive. A very attractive name and that was one of the things that drew us to the area too. So there was other concerns that we brought to the Planning Commission. We thought that his had been resolved and we got a letter to that effect so I'm against changing the name and I think I represent at least 90% of the 10 households that live there because they've all expressed a desire not to change the name. And , also the two streets that connect with Lake Susan Hills, those people are against changing the name of Lake Susan Hills Drive also. Thank you. Mayor Chmiel: Thank you. Could I have your name again please? Dick Anderson: Dick Anderson. Mayor Chmiel: Thanks Dick. Is there anyone else? Pete Kurth: My name is Pete Kurth and we live at 1040 Lake Susan Hills Drive ' ar we too are opposed to this. Initially we had received quite a bit of :rrespondence from the City Planning Commission indicating that this was r.ropo to change the name of our street and in meeting with the people who had origi ;rally proposed this, the safety committee, in talking through a lot of their concerns, and received a letter from them, had assumed that this matter L.,a.r no longer an issue. There have been several proposals that we had made as a neighborhood group addressing all of their concerns and again as part of the first subdivision and being directly situated on the lake, it was our feeling that if any group should have a name change that it certainly shouldn't be the first addition. Also there was some concern about the financial aspect that we would have to encounter in changing all of our legal documents. Wills. Savings accounts. Checking accounts. Driver licenses. None of which had been addressed and again, it was our feeling that after our meeting with the safety committee, that this was no longer an issue, only to find out that it had been added to the Planning Commission at the last meeting. I'm sure that there would have been more people who would be here at this meeting were they aware of the fact that it was an agenda item or that it was being considered again. There are many people in the area and any people in the neighborhood who feel very strongly about keeping the name Lake Susan Hills Drive who do not live on Lake Susan Hills. It's a reference point. Lake Susan Hills Drive. West Lake Court and because this was not published, they were not aware of the fact that it was an issue. So I'm sure that many of those people would be here this evening if they knew that it was an agenda item. So I would like to go on record as strongly opposing this. We had made several recommendations to the safety 17 1 i City Council Meeting - May 10, 1993 committee in lieu of changing the name and if this is an open item again, to be considered by this and the Planning Commission, I would like to resubmit those as alternatives to changing the name of the street. Mayor Chmiel: I've already made a statement previously before you came in. Pete Kurth: Okay- !' Mayor Chmiel: I concur with the positions that they have taken on this and I think the Public Safety Department has also reviewed that and is in that same recommendation. As to leaving it as Lake Susan Hills Drive. Pete Kurth: Okay. Well we were under the understanding that it would be a little bit later on the agenda this evening so we did come a little bit late. 1 Councilman Mason: We're so efficient tonight. Pete Kurth: Okay. Councilman Mason: Something tells me the name won't be changing. Mayor Chmiel: Is there anyone else? David Quinzon: My name is David Quinzon. I live at 1071 Lake Susan Hills Drive and I would just like to go on record as stating that I also oppose the proposed name change to my street for many of the same reasons that my neighbors have cast forth. Thanks. Mayor Chmiel: Good. Thank you David. Anyone else? If seeing none, I'll come back to the Council. Richard. ' Councilman Wing: ...digress from trees to street names. Scott, are we talking about 10 homes that are involved here? Scott Harr: That are there right now. ' Councilman Wing: To say that this isn't a problem, and it isn't going to be a problem is absurb. This is opening a bag of worms for the future and decades to ' come. Anybody that's ever heard of Murry Hill Road and understands if the Fire Department goes to 2190, it's on one side and if they go to 2202, it's 3 miles away. And a house fire on Dogwood. Separate roads. Fox Hollow. Fox Trail. ' We respond to Fox and it's down on the south end. This is a bad precedent to set. I agree with Scott. This kind of snuck through and maybe we're stuck with it but there's no question that the Fire Department is going to be confused. The police is going to be confused. The ambulances are going to be confused and when you're sitting an the corner of one Lake Susan and you see them turn eastbound with your kid choking, it gets pretty frustrating and those seconds turn into hours. The fact that some child can't remember his address doesn't ' justify making an error here. So I agree, it's a real inconvenience and I think it's unfortunate this has happened. This is wrong to commit the city to decades of address confusion and not fix it right now. What you're suggesting that ' we're going to, the addresses won't be, are you going to tack on an, if you tack on an east or west, which would solve the problem, they still have to change ' 18 1 City Council Meeting - May 10, 1993 their addresses and all their legal documents. We've still got troubles. How are you going to differentiate whether we go left or right? Because it's nice, we can look at a map and maybe if we pull out in an organized manner, spot where we're going but I see a lot of trucks and equipment making wrong turns here and circling around and coming back on and you won't see it right away. How are you going to differentiate east from west Scott? What's your plan? Scott Harr: What the neighbors or the residents suggested Councilman Wing was to put up larger than normal street signs going into there to indicate which way to where. And again, it's not the best and it wouldn't happen now. We would have intervened long before people were on that road and you've seen us on plenty of previous memos in new developments, not additions but new developments where we've gotten into some hot water for taking a firm stance on street names. This one we're just trying to meet the residents desires in a way that will maintain a safety issue. And I agree with you Councilman Wing. You and I know from our business that you can I could come up with plenty of situations where rigs have gone to the wrong spot and they are documented. Here, we're just trying to show good faith in working with the neighbors making it very clear that this is an issue, but trying to work with them. Councilman Wing: This isn't Lake Susan Hills Drive? There's a clear cut east and west. This is like having Lake Street in Minneapolis and not differentiating where your at. Are you going to go down by the river? Are you gcir,g to out by Lake Calhoun? Is there a way that the sign can actually have a r:T`er so that you know 1100's start this way and the 1000's go this way? I rear: that really does help a lot. C :ott Harr: Yeah. They're presently there but what the residents suggested is lar;s enough signs so that they would maybe even be different than what people e r:ornally used to looking at, which I think we could work with engineering on up with something. '' .7_ Wing: This is the wrong decision but Scott, I'm going to take your ' word for it. Being it slipped through, I don't wish to penalize the 1 ;orhood. It is a nuisance and I don't want to change my drivers license much less the other stuff. Alright. Can I go on? M or Chmiel: You bet. Councilman Wing: Paul, how many? What would you say the percent of this total tree did we lose? Of this entire forested area, what percent do you think we lost? 1 Paul Krauss: Councilman Wing, I don't have a good answer for that on my finger tips. Maybe if I could ask Wayne Tauer. Councilman Wing: Okay. And we, did we even have the option to throw a tree easement in here? I mentioned this before and I didn't clarify it in my mind. Paul Krauss: Well actually there is a tree easement in the conditions. I did check after we spoke and there is one outlined on a number of lots. Councilman Wing: Yeah, but we couldn't put the whole thing into that easement. 1 19 , II City Council Meeting - May 10, 1993 11 Paul Krauss: All the trees? Councilman Wing: Yeah. Was that taking more than we could legally justify? Paul Krauss: Yeah. If you rolled back the clock 6 or 7 years and start with a whole fresh sheet of paper for the entire PUD, you could conceivably have done II things differently. However, our ability, you know ideally we know more now than we did then and we're more sensitive to a lot of things. But a valid point was raised before that we have as a governmental unit we have a limited ability to put land off limits for development. State statute only allows us to do that I for recreational purposes. Everything else we do is kind of nipping at the fringes here and there and sometimes Roger kind of gives me a wink and a nod saying we've gone too far. And so this was clearly established as an area that I was going to be developed. Roads were laid out in a manner that wasn't terribly sensitive to the trees being there so yeah. I mean maybe we could have done a little bit better job had we done that, had the foresight to do it. However, dealing, using the cards that were dealt right now, I think an excellent job is II being done and you really couldn't do it any better given those limitations. Councilman Wing: So we're sort of in a catch up mode here. We're in the 1990's II standards thinking dealing with 1960's and 70's issues that haven't caught up with us? Paul Krauss: In a way. But still you know, we shouldn't mislead ourselves. II There were no tools around for us to say, that's a darn nice stand of trees. Let's just forever put a line ar :'rd it and never let anybody develop it. The only way to do that is to buy it. I Councilman Wing: One member of the Tree Board points out adamantly that these are renewable. Not in my lifetime but they are renewable. So let me get down II to quickly move ahead on what I'm having trouble with here. I think you've done the best you could. I think Planning's done the best they could and I guess I don't have a lot of complaints here with one exception. Nothing's been given back. A $750.00 escrow for sod and trees. That's required on everybody that II comes into the city and that's not giving us anything. That's just simply required. And their planning that 90 homes with 1 tree. As they said at the Arboretum at a seminar several years back, that's the housing and I redevelopment's token tree that you have to give. Before you can get a loan from some government agency, you've got to have at least 1 tree on the lot. He said if it wasn't for that, we wouldn't put any in so I don't see this developer I giving anything back. He's taken 25% of the trees which is just right. I'm going to argue that. I think he's worked with the city to give as many as we can but what's being given back. There was a group came through south off of Lyman Boulevard that automatically came in and put 3 trees on every lot. It was II an open area and they just felt that was something they wanted to contribute and give and I think a condition of this PUD, considering the number of mature oaks we're losing, that the subsequent open lots that are in the cornfields, soybean I fields, should have the same 3 trees put in there. Now there you start to give something back that's not in the ordinance. All you're doing is meeting the basics and the very minimum but if their case is really working with the city II and improving this neighborhood, then I'd like to see 3 trees per lot go into this being a PUD and we've lost so much. And I guess I have to rely on the rest of the Council's opinion on that. So my only change I would make here would be II 20 II City Council Meeting - May 10, 1993 that there be an additional item requiring 2 additional trees over the required 1. That's all. A total of 3 trees from the species list. Placement of the developer. I don't even care where they go but let's start renewing this neighborhood now and let's put it on the developer to do some of that renewal. Mayor Chmiel: Okay, Colleen. Councilwoman Dockendorf: Well I have a couple questions of staff and they're all over the place. On condition 12. We've got a Mallard Court and... Paul Krauss: ...it had been shown on a preliminary basis and the database just could stand improvement, as I recall. I wasn't directly involved with it but that's my recollection. Councilwoman Dockendorf: Who pays for the woodland management plan? Paul Krauss: The developer. Councilwoman Dockendorf: Okay. And most importantly in this whole issue is, 1 what are we going to do to insure that the subcontractors. Not the main contractor. We know the contractor is concerned and the developer is concerned about tree preservation, but subs. Subs go in there with a backhoe and we can require them to replace it tree for tree but it seems better to prevent any unnecessary tree loss up front. So what can we do to insure that that doesn't happen? Paul Krauss: Well that's a very good point because you go to great lengths to do things and somebody goes beserk on a backhoe and destroys it in one afternoon. There's a lot of things we can do and are doing. I mean first of all, all the trees are going to be clearly identified. There's going to be snow fencing around it. You really are going to have to crunch something to be in an area that you're not supposed to be in. There's financial liabilities for the developer should they fail to perform. I'll grant you we can't be out there dogging every subcontractor. We don't have any idea who they are. But we hold the developer liable. We also have a contractual agreement with the developer and we also have something of an element of faith that they will perform as they've said. We will be out there from time to time surveying, or inspecting. Councilwoman Dockendorf: How frequently is that checked? , Paul Krauss: Well, with the utility project, our engineering department has somebody out there virtually every day. Councilwoman Dockendorf: And excuse me, there are snow fences put up around to show... Paul Krauss: There will be, yeah. So that's the public improvement project and I think that's the biggest time for things to happen is when the grading is going in for the streets. That's when we'd have somebody out there most of the time. On an individual lot basis, that's something that will be coordinated with my staff, or our tree person which we'll have an intern here over the summer, to go out there on a lot by lot basis. We've also got a very excellent report with the Building Inspectors today who have become pretty sophisticated 21 1 1 City Council Meeting - May 10, 1993 II on making sure grading is going in the way it's supposed to. So there is a net that we throw over these things and we've been pretty good at catching the abusers. Councilwoman Dockendorf: That's all. I Mayor Chmiel: Michael. II Councilman Mason: Before I talk about the trees. Item number 10. If feasible, the applicant shall work with city and county in oversizing storm drainage improvements. What does if feasible mean, because I think it should be done. I I think that's pretty important. Dave Hempel: Councilmember, Mr. Mason. We have been in close contact, conversations with the developer on this and also the County and City and County II will proceed here in the near future in mapping strategies as far as the storm sewer layout in the area. So this condition is pretty much a done deal here. I Councilman Mason: Okay. Yeah, because it'd be to: bad to have to rip all that up again. So good. 11 I . Mayor Chmiel: I think if we just strike, if feasible. Councilman Mason: I would like to see, in the motion, I would like to see if feasible. Yeah, thank you Don. Okay. The conservation easement. We've done 1 that before. I think it's worked successfully. I think that's really good. With the trees, that fence is 15 feet beyond the drip line? Is that what I understand? II Paul Krauss: Councilman Mason, I honestly don't recall what Jo Ann was going to be working with but we had the recent recommendation from Alan Olsen, DMR Forester. It is a distance beyond the drip line. II Councilman Mason: Okay. I've worked with him on my property and I'm comfortable with that. A little counter point to Councilman Wing. First of II all, I don't have any trouble at all with 3 trees on lots that don't have any trees. I think that's a good idea. I guess here again I kind of feel like I'm sticking up for the developer and whoa, I've got be careful of that. But I II think with the fact that they are custom grading some lots, obviously showing some concern. I think of some developments not too far from my home where, and this was 10 years ago. A number of oak trees were just bulldozed over and they said, what the hell. That's the way it is. So I guess maybe they're not giving 1 us anything but I do think they're working with us and I guess I just wanted to stick that in there. I think the custom grading is really good. These ejector pumps will be mandatory, is that right? On those? I mean this will be a done I deal? It's not well, I don't want to put one in. Dave Hempel: That's correct. On those homes that cannot be serviced via gravity, they will be necessary, that's correct. II Councilman Mason: Okay. Also, I had heard some talk about we might be hiring an intern that would be going to work on this project. II City Council Meeting - May 10, 1993 Paul Krauss: Well, we're hiring an intern, forestry intern, yes. And this is one of the things. Councilman Mason: That they would be pretty directly involved in and could report back to us? Okay. The last item. Item number 21 in bold face type. Any trees damaged during construction shall be replaced on a caliper inch basis per the ordinance. I think that came back to what was said before. How does the city ascertain whether a tree has been, I mean obviously there's some visible scars. But is there anything that we can do about that? Paul Krauss: Well again it's more, it's almost more voodoo than science. I mean yes. I've seen a number of instances where the bark is ripped off a tree because somebody slammed it with a backhoe. I mean then it's pretty obvious. It's also obvious when you go out there and you find 6 row of cinderblock piled on the roots. You can pretty well tell that tree's going to have it and you put that on the list as one that's going to go. When an area's been violated, when an area that's supposed to have equipment kept out of it is violated, and then again you have a red flag. Beyond that, it gets real hard to tell. II Councilman Mason: I would hope that when the city goes out to inspect that, they really do look. We really do look for more than the obvious damage. I think you're thinking about well, where the dirt's been piled on there but then moved or the cinderblocks, that kind of thing. This is a big deal and I think we really need to be really careful with it. By reading through this, a lot of work has gone into this and I think once again Chanhassen is doing, certainly as much if not more than any other community in seeing what we can do to save trees. And to preserve the environment in conjunction with development. I'll just again add, I don't have any trouble at all with 3 trees on the untreed lots. Councilman Wing: Just on that. I guess I would, if I was going to jump the gun after the Mayor has spoken, move the addition of 1 additional tree to be located in the front yard and cut it down to 2 at this point because of the discussion of what's right and wrong and what should we impose. And I agree with you Mike. It's something I feel strongly about. I would not hesitate to ask for 1 additional tree. That's a token deal for the city. Councilwoman Dockendorf: Well and I think just to tack onto that. Again, like Mike not wanting to stand up for the developer but they are... 1 Councilman Wing: But that's pretty standard. That's not a gift. They're expected to do that. 1 Mayor Chmiel: Any more? Thank you. Thank you. Well, as I've gone through this whole process and as most of you know, I've met with the developer months ago indicating some of the concerns that the city had regarding the first proposal that they had looked at in taking out that amount of trees. Thankfully I might add they listened, which is sort of neat. I appreciate that. Knowing that this still is the preliminary plat and planned unit development for these 93 lots, the plans themselves I would like to see signed by a PE. None of these are signed right now. So what's here can be thrown into the little round file but I do want some, well it's not signed by a professional engineer accepting that this was all done through his specific work and entailed all those details. 23 1 1 City Council Meeting - May 10, 1993 II And that should be signed. Some of the other things that I had seen. I guess I II don't have any problem with one additional tree. The developer might have something that he would discuss. And not indicating as to what that tree would be, nor in size of what you're talking about with the first tree that is II normally put in. Councilman Wing: Well match the first tree. It has to come off our tree list. It has to be what, 2 1/2 inches. II Mayor Chmiel: That's correct. I too would still stick by the discussion as I had previously that I brought up regarding that Lake Susan Hills Drive. Rather II than renaming it, leaving it at as it is with the support by the Public Safety Department. Some of that can be done with signage on the outside of that with the street signs and I feel fairly comfortable with that. If I didn't, I II wouldn't move that particular portion of it. I think rather than to be redundant in saying some of the other things, I too feel comfortable with what's done. A lot of protection has been taken for. The only other concern that I have is somehow indicating to whoever the prime contractor is who would probably II be Miller. To somehow make all subcontractors fully aware as to what conditions are contained within the recommendations for the approval of this preliminary plat and carry all the way straight through and I'd like to see that II somehow done with a meeting of those subcontractors. Just to sit down and come up with that conclusion. I know that in industry we do it all the time and it doesn't take very much. At least everybody knows what ballgame they're playing II in. Other than that I guess I don't have any other real concerns with this. I guess I would call for a motion. I'd like to make sure that discussions that we have had during this time should also be incorporated into the recommendation for the Lake Susan Hills 9th Addition. Can I have a motion? II Councilman Wing: All I want to ask is that item 22 be 1 additional overstory tree. II Councilman Mason: Overstory? Okay. Yeah, I'll have a go at this. I'll move approval to approve Preliminary Plat for Lake Susan Hills 9th Addition as shown on plans dated April 12, 1993 with the following conditions. 1 thru 9 as stated II in the staff report. 10, delete if feasible. Number 12, delete Lake Susan Hills Drive shall also be renamed as supported by Public Safety Department. Items 13 thru 21 as is. I'd like to add item 22. There shall be an additional II tree added to untreed lots and, what did you want to say on that Dick? Councilman Wing: It has to be a city. II Councilman Mason: With the city approved. Councilman Wing: City approved overstory shade tree. I Councilman Mason: Okay. Item 22 will be, one additional tree on untreed lots with a city approved overstory tree. Shade tree, excuse me. And item 23, I notification to all subcontractors about concern of tree preservation and the consequences thereof. Councilman Wing: I'll second that. II 24 II City Council Meeting - May 10, 1993 Mayor Chmiel= Any other discussion? Councilman Mason moved, Councilman Wing seconded to approve Preliminary Plat for Lake Susan Hills 9th Addition as shown on the plans dated April 12, 1993, with the following conditions: 1. The front yard setback can be reduced to 25' where it will preserve natural features if approved by city staff. 2. The applicant shall enter into a development contract with the City and provide a financial security to guarantee installation of the public improvements and compliance with the conditions of approval. 1 3. The applicant shall supply detailed storm sewer calculations for a 10 year storm event and ponding calculations for the retention ponds (NURP Standards) for the City Engineer to review and approve. 4. The applicant shall supply detailed construction plans for utility and street improvements for the City to review and formally approve. All utility and street improvements shalll be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. 5. The applicant shall be responsible for obtaining and complying with all necessary permits such as MWCC, Health Department, Watershed District, PCA and Carver County Highway Department. 7. All retention ponds shall include an outlet control structure to control discharge rate pursuant to NURP standards. B. The applicant shall provide maintenance access routes to the retention pond areas and dedicate the appropriate easements on the final plat. In addition, all utility lines outside the street right -of -way shall be dedicated with a minimum of a 20 foot wide drainage and utility easement. 9. Erosion control and turf restoration shall be in accordance with the City's Best Management Practice Handbook. 10. The applicant shall work with the City and County in oversizing the storm drainage improvements to include the future runoff from the upgrade of Powers Boulevard. The applicant would be compensated for the associated oversizing costs. 11. The location of all fire hydrants shall be approved by the City's Fire 1 Marshal. 12. Mallard Court should be renamed to either Drake Court or some other I acceptable street name. 13. Five foot concrete sidewalks should also be extended from Lake Susan Hills Drive west to Dove Court. 14. The vegetated areas which will not be affected by the development will be protected by a conservation easement. The conservation easement shall 25 , 1 II City Council Meeting - May 10, 1993 permit pruning, removal of dead or diseased vegetation and underbrush. All healthy trees over 6" caliper at 4' height shall not be permitted to be removed. Staff shall provide a plan which shows the location of the conservation easement and the applicant shall provide the legal description. Generally the conservation easement shall be on the following lots: Lots 1 -6, Block 2. 15. Lots 6 -16, Block 3, Lots 1 -10, Block 4 and Lots 20 -28, Block 5 shall be custom graded lots and the following conditions apply: a. Each of these lots shall conform to the approved custom graded plans. Deviation from these plans which will r :suit in more removal of vegetation will not be permitted. b. Each of these lots shall have a woodland management plan developed by the developer prior to issuance of certificate of occupancy. The woodland management plan shall be developed by a licensed forester ' approved by the city. A copy of the woodland management plan shall be kept in the building permit file and a copy will also be given to the homeowner. c. Each of these lots shall only be permitted to have the following trees removed (these numbers correspond to the tree survey numbers as shown on Sheets 8 and 9 of Plans dated April 12, 1993): ' Block 3 I Lot 6 - 64 Lot 7 - 84, 85, 896, 87, 88, 90, 91 Lot 8 - 100, 502, 503, 504, 507, 510, 511, 512 Lot 9 - 567, 575 ' Lot 10 - 582, 602 Lot 11 - 592, 593, 594, 559 Lot 12 - 598, 626, 633, 634, 635, 647, 648, 649 Lot 13 - 605, 624, 625, 652, 715 Lot 14 - 615 • Lot 15 - 606 *Lot line must be adjusted to save stand of trees Lot 16 - 573 Block 4 ' Lot 1 - 870 871, 872, 875, 878 *House pad cannot exceed 50 x 50, must save 863 Lot 2 - 817, 857, 861 Lot 3 - 828, 829, 840, 841, 519 Lot 4 - 985 Lot 5 - 532, 533, 535, 536, 537, 550, 990, 991, 994 ' Lot 6 587 Lot 7 - 563 Lot 8 528, 568, 569 Lot 9 - 616, 626, 627, 630, 637 Lot 10 - 619, 620, 621 1 26 1 City Council Meeting - May 10, 1993 1 Block 5 Lot 20 - none Lot 21 - none Lot 22 - none Lot 23 - 911, 914, 917 Lot 24 - 880, 881, 882, 883, 884, 878, 879 Lot 25 - 996, 997 Lot 26 - 570, 571, 573, 578, 579, 580, 581 Lot 27 - 604 *House pad cannot exceed 50 x 50 Lot 28 - 612 16. The landscaping plan shall be amended to provide the following: a. Increased landscaping along Powers Boulevard (CR 17) and internal boulevard and entrance landscaping. b. Improved landscaping materials, with at least 50% of the hardwoods from the primary species list. c. A plan providing $750.00 worth of landscaping /single family unit. 17. Park and Recreation Commission conditions: a. Dedication of Outlot E to the city; b. Construction of the following trails: 1. An 8 foot wide bituminous trail aoong the west side of Lake Susan as indicated on Attachment B, Segments D and E; 2. An 8 foot wide bituminous trail along the east side of Powers Boulevard (CR 17) as indicated on Attachment B, Segment B; 3. Trail segments A, C and F; 4. Park fees are assessed at one -half the rate in force upon building permit application. All trail fees have been waived as a part of the development of Lake Susan Hills West. 5. The two trail easements identified allowing access to the shoreland trail be consolidated into one 40 foot easement at the location of the northerly easement. 18. Building Official conditions: a. Indicate lowest floor elevations and garage floor elevations for each house pad on the grading plan. b. Submit details on corrected pads including compaction tests, limits the pad and elevations of excavations to the Inspections Division. A general soils report for the development should also be submitted to the Inspections Division. 27 1 1 City Council Meeting - May 10, 1993 c. 0versi = street signs shall be placed at each of the four outlets of Lake Susan Hills Drive on Powers Boulevard. The signs shall indicate the range of addresses on the street. II 19. The applicant's engineer shall provide a final grading plan with detailed house types, elevation and grading limits on all lots. The final grading plan shall also take into consideration existing stockpiled material along County road 17. ' 20. A condition shall be placed in the development contract regarding maintenance responsibilities for homes with ejector pumps. I 21. Any trees damaged during construction shall be replaced on a caliper inch basis per the ordinance, Section 20- 1178(c)(7). II 22. One additional overstory shade tree on untreed lots from the City's approved list. II 23. Notification to all subcontractors about concern of tree preservation and the consequences thereof. All voted in favor and the motion carried. PRELIMINARY PLAT TO SUBDIVIDE 68.53 ACRES INTO 2 SINGLE FAMILY LOTS OF 2.25 ' ACRES AND 64.98 ACRES, LOCATED NORTH OF PIONEER TRAIL JUST WEST OF PIONEER HILLS SUBDIVISION, LAURENT ADDITION, PAUL LAURENT. Paul Krauss: Thank you Mr. Mayor. This is a somewhat simpler and smaller request. Gil Laurent is a longtime resident of this city. He has a farm in the southern part of the community outside the MUSA line. He's proposing to subdivide his property to create one additional lot that I believe is for his son. It's consistent with our rural area standards and Metro Council guidelines for density. Including some minor changes into the plat in terms of definition of Outlots, it's generally acceptable to us and we are recommending that it be ' approved. A couple things you should know about the lot is, this parcel is severely impacted by future 212. With 212 coming through in this direction, with the realigned I think Bluff Creek Road over there, and a ponding area to be acquired for the highway. MnDot's aware of this plat. The proposal really does not interfere with anything. Mr. Laurent's been sort of hamstrung for a number of years given the fact that this is looming over his head. The proposed subdivision occurs in an area where it really does no harm to the future road in that regard. The second thing, and I'm not sure that this shows up real well, has to do with the Bluff Creek corridor that traverses the area. Staff and the Planning Commission have looked at this and recommended that, the Bluff Creek ' corridor is identified as a major recreational resource in the city and that creek flows generally through here. Here it gets a little foggy because it's in a wetland and it comes up something like that. To protect that creek corridor ' for future recreational use, we are recommending that a 50 foot easement on either side of that creek for recreational purposes be provided under the plat. And I believe that that is one of the conditions that was in the Planning Commission recommendation but the size of the easement was not defined at that time. I had some discussions with Todd Hoffman today and we thought that that i 28 1 1 1 1 1 1 1 1 • 1 1 1 1 1 1 1 1 1 1 1 1