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CC SUM 2013 07 22 CHANHASSEN CITY COUNCIL REGULAR MEETING SUMMARY MINUTES JULY 22, 2013 Mayor Furlong called the meeting to order at 7:05 p.m. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilman McDonald, Councilwoman Tjornhom, Councilwoman Ernst, and Councilman Laufenburger STAFF PRESENT: Todd Gerhardt, Laurie Hokkanen, Paul Oehme, Kate Aanenson, Todd Hoffman, Greg Sticha, and Roger Knutson PUBLIC PRESENT: Laurie Susla 7008 Dakota Avenue David Walstad 10071 Great Plains Boulevard John Chadwick 4477 Manitou Boulevard, Excelsior Steve Ach Lennar Jeff Fox Excelsior Nick Polta Pioneer Engineering PUBLIC ANNOUNCEMENTS: INVITATION TO CHANHASSEN DAY AT THE ARBORETUM, AUGUST 2. Mayor Furlong invited all Chanhassen and Carver County residents to Chanhassen Day at the Minnesota nd Landscape Arboretum on August 2. CONSENT AGENDA:Councilwoman Tjornhom moved, Councilman McDonald seconded to approve the following consent agenda items pursuant to the City Manager’s recommendations: 1. Approval of Minutes: -City Council Verbatim and Summary Minutes dated June 10, 2013. -City Council Work Session Minutes dated June 10, 2013. -City Council Work Session Minutes dated June 24, 2013 Receive Commission Minutes: -Planning Commission Verbatim and Summary Minutes dated June 18, 2013 -Park and Recreation Commission Verbatim and Summary Minutes dated June 25, 2013 Resolution #2013-36: 4. TH 101 GAP Project (Pioneer Trail to CR 61): Approve Resolution of Support and Priority Designation. th 5. The Preserve 5 Addition, Chanhassen Residential Development Partners as amended: a. Final Plat Approval. b. Approval of Plans and Specifications and Development Contract. c. Approve Addendum to Development Contract. City Council Summary – July 22, 2013 6. St. Hubert Catholic Community, 8201 Main Street: Approve Requests for Temporary On-Sale Liquor Licenses, August 17 & 18, September 28, and October 11. th 7. Verizon Wireless: Approve Lease Agreement for Downtown Water Tower, 500 West 76 Street. Resolution #2013-37: 8. Resolution Approving Decertification of Tax Increment District #8. All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS: Laurie Susla asked for clarification on allocation of the road reconstruction project being under budget. David Walstad asked for clarification of routing, funding and timing of the Highway 101 project between Pioneer Trail and CSAH 61. LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE. Lt. Jeff Enevold reviewed comparisons from 2011 to 2012 from the BCA Uniform Crime Report with the key financial strategy cities, and showed examples of community involvement. Councilman Laufenburger asked for an update on what the School Resources Officer, Bob Zydowsky does to prepare for the upcoming school year at next month’s presentation. Chief John Wolff provided year to date statistics and updates on calls for service and fire th department activities i.e. 4 of July, National Night Out, Miracles of Mitch, and a new activity this year, the Mud Run at Lake Minnewashta Regional Park. JEURISSEN FIRST ADDITION/CAMDEN RIDGE, 1500 PIONEER TRAIL: A. JEURISSEN FIRST ADDITION, APPLICANT/OWNER: BRUCE JEURISSEN: REQUEST FOR PRELIMINARY AND FINAL PLAT APPROVAL AND APPROVAL OF DEVELOPMENT CONTRACT. B. CAMDEN RIDGE, APPLICANT: LENNAR/OWNER: BRUCE JEURISSEN: 1) REQUEST FOR REZONING FROM AGRICULTURAL ESTATE (A2) TO PLANNED UNIT DEVELOPMENT-RESIDENTIAL (PUD-R); PRELIMINARY PLAT OF APPROXIMATELY 36.2 ACRES INTO 32 SINGLE FAMILY LOTS, 26 TWINHOME LOTS, AND 7 OUTLOTS; AND A CONDITIONAL USE PERMIT TO ALLOW DEVELOPMENT WITHIN THE BLUFF CREEK OVERLAY DISTRICT. 2) CONSIDER APPROVAL OF DEVELOPMENT CONTRACT FOR GRADING PRIOR TO FINAL PLAT APPROVAL. Kate Aanenson presented the staff report and Planning Commission update on this item. Councilman Laufenburger asked for clarification of what land is included in Outlots B and C. Mayor Furlong asked for clarification on how the 50% open space was calculated. Councilwoman Tjornhom asked for clarification of the Bluff Creek Overlay District boundaries and how the City is benefitting for the PUD. Councilwoman Ernst asked how the interest rate for the assessments were calculated. Mayor Furlong asked about providing right-of-way second access to the north. Council members discussed the assessments associated with this parcel. Mayor Furlong invited the applicants to speak. John Chadwick, representing the owner, Bruce Jeurissen, addressed the issue of language in condition 15 regarding access to Outlot C and condition 20 regarding assessments after passing out a handout. Steve Ach with Lennar asked for clarification that the action taken on the Jeurissen First Addition is a final plat. Jeff Fox asked about the location and fencing on top of the 9 foot retaining walls and asked for clarification of the access 2 City Council Summary – July 22, 2013 point going through the tree preservation area on his property. After comments, discussion and clarification of the motion, the following motions were made. Councilman Laufenburger moved, Councilwoman Ernst seconded that the City Council approve st Jeurissen 1 Addition plat subject to the following conditions: st 1. Dedicated access to Outlot A must be provided prior to recording the Jeurissen 1 Addition plat. 2. The existing driveway access to TH 212 must be closed except for access for agricultural st purposes only on Outlot C , Jeurissen 1 Addition. An access easement across Outlot B, st Jeurissen 1 Addition shall be recorded which shall follow the existing driveway alignment with a width of approximately 26 feet. Said easement shall be vacated should alternate access to Outlot st C, Jeurissen 1 Addition become available. 3. Unless the Bluff Creek Boulevard Improvement assessment, City Project 06-05 levied against the property is paid in full before the final plat is recorded, the assessment is reapportioned against Outlot A. The principal of $601,212.65 was deferred until development and it has been accruing 6% since 2009. As of June 6, 2013 the assessment amount due was $796,302.31. 4. The Bluff Creek Overlay District primary zone, “Outlot B” shall be conveyed to the City by warranty deed free and clear of any encumbrances or a preservation easement acceptable to the City shall be established over Outlot B before the final plat is recorded. 5. Before any development plans are submitted for Outlot C the property owner shall provide appropriate technical information, including but not limited to a topographical survey, flora and fauna survey and soil data deemed necessary for the City to determine the exact watershed zone st boundary on Outlot C, Jeurissen 1 Addition. Data for watershed zone delineation shall be generated and provided by a qualified professional specializing in watershed management, st environmental science or other related profession. Development of Outlot C Jeurissen 1 Addition would be inconsistent with the adopted Alternate Urban Areawide Review, AUAR. Any development would need to conduct additional environmental documentation or review or request an amendment to the 2005 AUAR. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Councilman Laufenburger moved, Councilwoman Ernst seconded that the City Council approves rezoning from Agricultural Estate (A-2) to Planned Unit Development-Residential (PUD-R), preliminary plat of approximately 23 acres into 32 single family lots, 26 twinhome lots and 7 outlots; and a conditional use permit to allow for development within the Bluff Creek Overlay District for the Camden Ridge development subject to the following conditions and adoption of the Planning Commission Findings of Fact: Building Conditions: 1.Demolition permits are required for the removal of any existing structures. 2.Buildings may be required to be designed by an architect and/or engineer as determined by the Building Official. 3 City Council Summary – July 22, 2013 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 permit and must be designed by a professional engineer. 5.Each lot must be provided with separate sewer and water services. 6.The applicant and/or their agent shall meet with the Inspections Division as early as possible to discuss plan review and permit procedures. 7.Submit proposed street names to Chanhassen Building Official and Chanhassen Fire Marshal for review and approval. Engineering Conditions: 1.The developer must obtain right-of-way for the part of River Rock Road that connects to Bluff Creek Boulevard. 2.The proposed “Easement Detail” must be revised to include how the easements around the perimeter of the twinhome lots will be platted. 3.The developer’s engineer must adjust the grading on the trail near Outlot F so that it will meet ADA standards. 4.The contours near the northwest corner of Pond 2, between Lots 6 and 7 must be smoothed out. 5.Additional information needs to be noted (such as elevation points between the lots) between lots on the north side of Street B to show the grading will allow water to drain away from the structures. 6.The final plans must note the survey benchmark on the plan set. 7.The final plans must note the existing and proposed elevations at the corners of each lot. 8.The grading behind all the retaining walls must be modified so that water will not drain down the face of the wall. 9.Walls taller than 6 feet shall not be constructed with boulder rock. 10.Retaining Wall B must be moved so that it is outside the drainage and utility easement at the back of the lots. 4 City Council Summary – July 22, 2013 11.A Homeowners Association must be created to take ownership of all retaining walls and the draintile along the face of Retaining Wall B. 12.Local streets must be within a 60-foot wide right-of-way. 13.At final plat, the Engineering Department will review the profile of Street A between stations 2+00 and 4+00 to ensure the profile meets the minimum length requirements for vertical curves. 14.The proposed centerline grade at the intersection of River Rock Drive and Street A must not be greater than 3%. 15.The existing driveway access to TH 212 must be closed except for access for agricultural st purposes only on Outlot C, Jeurissen 1 Addition. An access easement across Outlot B, st Jeurissen 1 Addition, shall be recorded which shall follow the existing driveway alignment with a width of approximately 26 feet. Said easement shall be vacated should alternate st access to Outlot C, Jeurissen 1 Addition become available. 16.The developer’s engineer must design a Street C typical section. 17.The development is adjacent to Bluff Creek Boulevard and is therefore subject to the arterial collector fee at the time of final plat for Camden Ridge. The fee shall be $55,030.56 ($2,400 st x 22.9294 acres of Outlot A, Jeurissen 1 Addition). 18.The developer’s engineer must incorporate pressure-reducing valves and a surge protection system into the watermain plans. 19.The developer’s engineer will ensure that CBMH-102 does not conflict with the nearby watermain. 20. Unless the Bluff Creek Boulevard Improvements assessment, City Project 06-05, levied against the property described on Exhibit “A” is paid in full before the plat is recorded the assessment is reapportioned against Outlot A. As of June 6, 2013, the assessment amount with accrued interest was $796,302.31. 21.Water and sewer hook-up fees must be paid at the time of final plat. 22. P reserving 60 feet of right-of-way to the property straight north of Camden Ridge. Fire Conditions: 1.A three-foot clear space must be maintained around fire hydrants. 2.Temporary street signs must be installed prior to home construction. 5 City Council Summary – July 22, 2013 3.No burning permits will be issued. Any trees removed must either be chipped on site or removed from site. 4.Water mains shall be made serviceable prior to combustible construction. 5.Posts, fences, utility boxes etc. shall not be placed near fire hydrants which would hinder firefighters to quickly locate and/or operate fire hydrants in a safe manner. Natural Resources Conditions: 1.The applicant shall increase bufferyard plantings to meet minimum requirements. 2.The applicant shall plant a minimum of 130 trees in the development. 3.The applicant shall diversify the plant schedule so that no one species comprises more than one third of the total number of trees. 4.The applicant shall specify vegetation proposed for Outlots A, B and C. 5.The applicant shall submit a revised landscape plan to the city prior to final approval. 6.The applicant shall preserve trees #1301, 1302, 1303. These trees along with trees #1393- 1398 shall be protected by fencing prior to and during any grading or construction activities. 7.The developer shall install signage at lot lines to demarcate the Bluff Creek Primary Zone. Parks Conditions: 1.Full park dedication fees shall be collected per city ordinance in lieu of requiring parkland dedication. 2.Construction of Bluff Creek Trail from its current southerly terminus, extending between the new homes and Bluff Creek to a terminus point at TH 212. The developer shall provide design, engineering, construction and testing services required of the “Bluff Creek Trail.” All construction documents, including material costs, shall be delivered to the Park and Recreation Director and City Engineer for approval prior to the initiation of each phase of construction. The trail shall be 10 feet in width, surfaced with asphalt and constructed to meet all city specifications. The applicant shall be reimbursed by the City for the cost of the aggregate base, asphalt surfacing, and storm water systems utilized to construct the trail. This reimbursement payment shall be made upon completion and acceptance of the trail and receipt of an invoice documenting the actual costs for the construction materials noted. Labor and installation, design, engineering and testing services are not reimbursable expenses. Planning Conditions: 6 City Council Summary – July 22, 2013 1.The developer shall pay $6,285.00 as its portion of the 2005 AUAR prior to recording the final plat. 2.The developer shall prepare a noise analysis for noise generated by traffic on Highway 212. The analysis shall identify appropriate noise mitigation measures to meet noise standards for residential homes as specified by the Minnesota Pollution Control Agency, which shall be implemented by the developer. 3.The Bluff Creek Overlay District primary zone, Outlot “B”, shall be conveyed to the City by warranty deed free and clear of any encumbrances or a preservation easement acceptable to the City shall be established over Outlot B before the plat is recorded. 4.Before any development plans are submitted for Outlot C, the property owner shall provide appropriate technical information, including but not limited to a topographical survey, flora and fauna survey and soil data deemed necessary for the city to determine the exact st watershed zone boundary on Outlot C, Jeurissen 1 Addition. Data for watershed zone delineation shall be generated and provided by a qualified professional specializing in watershed management, environmental science or other related profession. st Development of Outlot C Jeurissen 1 Addition would be inconsistent with the adopted Alternate Urban Areawide Review, AUAR. Any development would need to conduct additional environmental documentation or review or request an amendment to the 2005 AUAR. st 5.The property owner must advise the city of the intended use of Outlot C, Jeurissen 1 Addition, and how it shall be accessed. This Outlot may not be developable or accessible in the future. 6.Final plat approval will be contingent on the developer resolving the access issue. Either an access easement or right-of-way must be in place prior to any site development. 7.Individual lots may not exceed the maximum hard cover per lot established in the compliance table. Water Resources Conditions: 1.Land disturbance within the first twenty feet of the Bluff Creek Overlay District setback shall not be allowed unless the applicant can demonstrate that the goal cannot be achieved without the proposed disturbance. 2.A mitigation/restoration plan must be provided for any disturbance within the Bluff Creek Overlay District or setback from the BCOR. 3.Trail must be aligned to minimize the encroachment into the BCOR primary zone and minimize loss of natural vegetation and habitat. 7 City Council Summary – July 22, 2013 4.Efforts must be made to minimize the number of inlets into each pond. 5.The proposed ponds must be designed with a forebay. 6.The plans must demonstrate how water quality basin #1 and water quality basin #3 will be accessed. This includes all inlets, outlets and filtration benches as well as sediment removal from forebay and water quality volume. 7.The stormwater design shall, to the greatest extent practicable, seek to maximize infiltration, extend detention times and protect Bluff Creek from scour and other erosive conditions. 8.The applicant must evaluate downstream flow conditions as indicated in Section 19-144. 9.A Surface Water Pollution Plan and all required elements must be provided to the city for review. This plan must be compliant with NPDES requirements as well as the requirements of Chapter 19 of city code. 10.SWMP trunk fees due at final plat are estimated to be $104,930.25. 11.The development must comply with the MN Rules chapter 6120 and the DNR must issue their concurrence to this effect. 12.No alterations are allowed within the primary corridor or within the first 20 feet of the setback from the primary corridor. Grading activities have been observed within this area along the south side of Bluff Creek. The applicant should submit a plan for the revegetation of this area that incorporates native plants and is consistent with the City’s Bluff Creek Natural Resources Management Plan Appendix C. Any such areas that have been disturbed through the removal or addition of soils material prior to approval shall be addressed prior to commencement of other grading activities but no later than seven (7) days from approval. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Councilman Laufenburger moved, Councilwoman Ernst seconded that the City Council approves the Development Contract for grading of Camden Ridge subject to the following conditions: th 1. If the Preserve at Bluff Creek 5 Addition final plat is not recorded, the developer for Camden Ridge must acquire the right-of-way for River Rock Drive South to connect to Bluff Creek Boulevard. 2. The developer’s engineer must adjust the grading on the trail near Outlot F. 3. The contours near the northwest corner of Pond 2, between Lots 6 and 7 must be smoothed out. 4. Additional information needs to be noted (such as elevation points between the lots) between lots on the north side of Street B to show the grading will allow water to drain away from the structures. 8 City Council Summary – July 22, 2013 5. An escrow totaling $105,376.87 (110% of the estimated erosion control for this development) is required before site grading begins. 6. The grading behind all the retaining walls must be modified so that water will not drain down the face of the wall. 7. Walls taller than 6 feet shall not be constructed with boulder rock. 8. Retaining Wall B must be moved so that it is outside the drainage and utility easement at the back of the lots. 9. An escrow totaling $66,709.50 (110% of the estimated cost of retaining wall construction) is required before work on the retaining walls begins. All voted in favor and the motion carried unanimously with a vote of 5 to 0. COUNCIL PRESENTATIONS: Speaking as a member of the Southwest Transit Commission, Councilman McDonald provided an update on plans for extending light rail to Eden Prairie. Councilwoman Ernst congratulated Paul Oehme on being appointed to the Transportation Advisory Council position. Councilman Laufenburger invited everybody to attend the Chanhassen Red Birds game on Thursday at 7:30 p.m. where Mary Jane Klingelhutz will be throwing out the first pitch. Mayor th Furlong thanked everyone involved with the 3 day 4 of July celebration, invited people to attend neighborhood meetings for National Night Out, discussed the event at the Senior Center that he, Todd th Gerhardt and Laurie Hokkanen attended, and informed people of the 10 anniversary celebration for the Chanhassen Library. th ADMINISTRATIVE PRESENTATIONS. Todd Gerhardt discussed the great weather for the 4 of July celebrations before providing updates on road projects. CORRESPONDENCE DISCUSSION. None. Councilwoman Tjornhom moved, Councilman McDonald seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The City Council meeting was adjourned at 9:30 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 9