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CC SUM 2013 06 10 CHANHASSEN CITY COUNCIL REGULAR MEETING SUMMARY MINUTES JUNE 10, 2013 Mayor Furlong called the meeting to order at 7:00 p.m. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilman McDonald, Councilwoman Tjornhom, and Councilman Laufenburger COUNCIL MEMBERS ABSENT: Councilwoman Ernst STAFF PRESENT: Todd Gerhardt, Laurie Hokkanen, Paul Oehme, Kate Aanenson, Todd Hoffman, and Greg Sticha PUBLIC PRESENT: th Wes Dunsmore 730 West 96 Street th Gary Bendzick 731 West 96 Street Marty Schutrop 540 Lakota Lane Mayor Furlong added item number 4 under New Business, Appointment of Youth Commissioners to the Park and Recreation Commission. PUBLIC ANNOUNCEMENTS: None. CONSENT AGENDA: Councilman Laufenburger moved, Councilman McDonald seconded to approve the following consent agenda items pursuant to the City Manager’s recommendations: a. Approval of Minutes: -City Council Work Session Minutes dated May 28, 2013 -City Council Verbatim and Summary Minutes dated May 28, 2013 Receive Commission Minutes: -Planning Commission Verbatim and Summary Minutes dated May 21, 2013 b. Lift Station 10 Improvements, Project 13-07: Approve Consultant Contract. Resolution #2013-35: c. 2014 Street Improvement Project 14-01: Approve Consultant Contract and Authorize the Preparation of Feasibility Study. d. TH 101 (Lyman to Pioneer) Project 12-06: Amend Consultant Contract with Kimley-Horn for Final Design. e. Approve Dedication of Drainage and Utility Easement, Lot 4, Block 1, Wynsong. f. Deleted. g. Approve Purchase Agreement for Excess Right-of-Way with Center Companies, Sinclair Redevelopment Project, 7910 Dakota Avenue. City Council Summary – June 10, 2013 h. Approve Special Assessment Agreement to Finance SAC Fees, First Steps Daycare. i. Approve Temporary On-Sale Liquor License, July 2, 2013, Chanhassen Rotary Club. All voted in favor and the motion carried unanimously with a vote of 4 to 0. VISITOR PRESENTATIONS. None. BLUFF CREEK WOODS: REQUEST TO REZONE 3.57 ACRES OF LAND FROM AGRICULTURAL ESTATE DISTRICT (A-2) TO SINGLE FAMILY RESIDENTIAL DISTRICT (RSF); SUBDIVISION WITH VARIANCES FOR THE CONSTRUCTION OF A PRIVATE STREET AND USE OF A NECK LOT; AND A CONDITIONAL USE PERMIT TO ALLOW DEVELOPMENT WITHIN THE BLUFF CREEK OVERLAY DISTRICT; 7331 HAZELTINE BOULEVARD. APPLICANT: MARTIN SCHUTROP. Kate Aanenson presented the staff report and Planning Commission update on this item. Councilman McDonald asked for clarification of the green and orange shown on the map delineating the Bluff Creek Overlay District primary zone and buffer yard and the impact on the buildable area of the lots. Councilman Laufenburger asked about the developer’s proposal and staff’s recommendation. Mayor Furlong asked what type of uses would be allowed in the primary zone and buffer yard areas. Councilman McDonald asked the applicant, Marty Schutrop to explain what type of houses could be built on these lots because of his concern with the size of the lots and what homeowners would be permitted to build in the future. Mayor Furlong suggested changing the conservation easement to a preservation easement and council members discussed what that would accomplish. After discussion on clarification of wording, the following motion was made. Councilman McDonald moved, Councilwoman Tjornhom seconded that the City Council approve the rezoning of property from Agricultural Estate District (A-2) to Single Family Residential District (RSF); Preliminary Plat with Variances for a neck lot and the construction of a private street; and a Conditional Use Permit to allow development within the Bluff Creek Overlay District, subject to adoption of the amended Findings of Fact which changes references to conservation easement to preservation easement and the following conditions: 1.At the entrance off Hazeltine Boulevard, a monument sign displaying all four address numbers shall be installed. In addition, at the start of the individual driveways to each home, an address sign shall also be installed. Submit proposed signage to Fire Marshal for approval. 2.Park fees shall be collected in full for the two new homes at the rate in force upon final plat submission and approval. 3.Any use of or work within or affecting MnDOT right-of-way requires a permit. Permit forms are available from MnDOT’s utility website at http://www.dot.state.mn.us/utility/. 4.Outlot A and the preservation easement shall be coincidental with the primary zone for the Bluff Creek Overlay District and shall be recorded with the final plat. The primary zone shall extend to a point 18 feet from the northeast corner of Lot 3. 2 City Council Summary – June 10, 2013 5.A structure setback of 40 feet is required from the primary zone. No disturbance shall occur within the first 20 feet of the setback. The proposed grading plans shall be amended to show how the lots may be developed. 6.The Bluff Creek Overlay District primary zone and the corresponding setback shall be shown on all plan sheets. 7.Signs clearly demarcating the Bluff Creek Overlay District primary zone shall be installed at all major angle points and at the intersection of lot lines with the primary zone boundary. Site plans shall be amended to show the placement of the signs. This item will be revisited by staff regarding the location of signage. 8.In keeping with the purpose of the Bluff Creek Overlay District to protect natural resources, the proposed driveway for Lot 1 shall share a common drive with Lot 2 until the existing hammerhead. 9.The applicant shall provide drainage calculations for pre-development and post-development conditions. 10.Preservation of natural vegetation shall be allowed as a volume and rate control tool. Water quality best management practices are still required. This shall meet the requirements of the NPDES permit for drainage to an impaired water or NURP plus enhanced treatment, whichever is stricter. 11.SWMP charges shall be reviewed in lieu of in-perpetuity protection of land through a combination of preservation easement and the dedication of Outlot A to the City. 12.Water that now heads west and then south along the trail and away from this area will be directed northwest into the depression north of the shared entrance. An adequate outlet must be provided for this area and the existing drainage patterns must be maintained. 13.Prior to grading, each lot shall install tree protection fencing at the edge of grading limits. 14.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. 15.The developer must revise the Existing Conditions plan to show the power pole, utility box, propane tank and shed. 16.Ground shot elevations must be shown on the Existing Conditions plan to verify that a topographic survey was completed. 17.The developer shall work with staff to realign the access to Lot 1. 18.The developer must provide proof that the common portion of the driveway to Lots 1 and 2 meets a 7-ton design. 3 City Council Summary – June 10, 2013 19.If the existing driveway does not meet the 7-ton design standard, the developer must install the 7-ton driveway and submit an escrow with the final plat to ensure that the driveway meets this specification. 20.The driveway easement shall be recorded as a separate document; all references to the driveway easement shall be removed from the preliminary plat. 21.The grading plan must be revised so that the grades do not exceed 3H:1V. 22.A permit is required from MnDOT to install the sewer and water services as well as grading in the right-of-way. 23.The City must be notified a minimum of 72 hours before the sewer and water services are to be installed. 24.The sewer and water service connections must be inspected and approved by the City. 25.The developer must submit an escrow for the necessary boulevard restoration associated with the service installation. 26.Lots 1 and 3 will be subject to the City sewer and water hook-up charges and the Metropolitan Council Sanitary Access Charge. These fees shall be collected in accordance with the City Code at the rate in effect at the time. All voted in favor and the motion carried unanimously with a vote of 4 to 0. REQUEST FOR A VARIANCE FROM SECTION 20-904(A)(1) OF CHANHASSEN CITY CODE TO CONSTRUCT AN ACCESSORY STRUCTURE IN EXCESS OF 1,000 SQ. FT. ON PROPERTY ZONED AGRICULTURAL ESTATE DISTRICT (A-2); LOCATED AT 760 WEST TH 96 STREET; APPLICANT: CHUCK WORM. Kate Aanenson presented the staff report and Planning Commission update on this item. Councilman Laufenburger asked for clarification of the aerial photo regarding property location, use and number of structures. The applicant, Chuck Worm explained how and what equipment is stored currently and the need for more inside storage. Council members asked questions of the applicant to clarify what and where equipment is stored and why the need for storage on this property in Chanhassen. After discussion and comments the following motion was made. Councilman McDonald moved, Councilwoman Tjornhom seconded that the City Council table the request for a variance from Section 20-904(a)(1) of Chanhassen City Code to construct an accessory th structure in excess of 1,000 square feet at 760 West 96 Street and direct staff to work with Mr. Worm, taking into account all comments made by council, in bringing back an agreement as soon as possible. All voted in favor and the motion carried unanimously with a vote of 4 to 0. APPOINTMENT OF YOUTH COMMISSIONERS TO THE PARK AND RECREATION COMMISSION. 4 City Council Summary – June 10, 2013 Mayor Furlong moved, Councilman Laufenburger seconded to appoint Jacob Stolar and Ryan Lynch to the Park and Recreation Commission. All voted in favor and the motion carried unanimously with a vote of 4 to 0. COUNCIL PRESENTATIONS. Councilman McDonald explained activities involved with the first th Night on the Town, being sponsored by Buy Chanhassen, on Thursday, June 13. Mayor Furlong commented on the dedication for the Al Klingelhutz Memorial Picnic Pavilion at Lake Ann Park which th was held on Sunday, June 9 and thanked Councilwoman Tjornhom for her good service. ADMINISTRATIVE PRESENTATIONS. Todd Gerhardt provided updates on road construction projects. CORRESPONDENCE DISCUSSION. Councilman Laufenburger congratulated everybody involved with Chanhassen’s Fourth of July Celebration which was named Best Community Festival by Southwest Metro Magazine. Councilman McDonald moved, Councilwoman Tjornhom 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 8:50 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 5