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CC SUM 2013 09 09 CHANHASSEN CITY COUNCIL REGULAR MEETING SUMMARY MINUTES SEPTEMBER 9, 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, Councilwoman Ernst, and Councilman Laufenburger STAFF PRESENT: Todd Gerhardt, Laurie Hokkanen, Paul Oehme, Kate Aanenson, Todd Hoffman, Greg Sticha, and Roger Knutson PUBLIC ANNOUNCEMENTS: Mayor Furlong presented the Maple Leaf Award to Dale Gregory recognizing the great job he’s done as Park Superintendent over the last 42 years. CONSENT AGENDA:Councilwoman Tjornhom moved, Councilwoman Ernst seconded to approve the following Consent Agenda items pursuant to the City Manager’s recommendations: 1. Approval of City Council Minutes dated August 26, 2013. 2. Receive Planning Commission Minutes dated August 20, 2013. 4. Approval of Fireworks Permit for Chanhassen High School. All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS: EASTERN CARVER COUNTY SCHOOL DISTRICT 112 REFERENDUM UPDATE, DR. JIM BAUCK, MARK KUSKE, CRAIG LARSEN, AND BRETT JOHNSON. Superintendent Dr. Jim Bauck introduced Craig Larsen from the IT department, Mark Kuske, Board member, Tim Klein and Director of Finance, DeeDee Kahring who were in the audience before giving a power point presentation outlining information for the upcoming referendum. If people have questions about the election, he directed them to his direct office phone line or the School District 112 website. APPROVE RESOLUTION AUTHORIZING ISSUANCE OF REVENUE NOTE FOR RIDGEVIEW SENIOR HOUSING FACILITY. This item was withdrawn per the applicant’s request. ND SOUTHWEST VILLAGE 2 ADDITION, SUBDIVISION OF 2.75 ACRES LOCATED AT THE NORTHEAST CORNER OF HIGHWAY 101 AND LYMAN BOULEVARD, APPLICANT: RYLAND HOMES: A. PRELIMINARY AND FINAL PLAT APPROVAL AND SITE PLAN APPROVAL FOR 38 TOWNHOMES. B. APPROVAL OF DEVELOPMENT CONTRACT. City Council Summary – September 9, 2013 Kate Aanenson presented the staff report and Planning Commission update on this item. Mark Sonstegard, representing Ryland Homes thanked city staff for helping with the planning process. Councilman Laufenburger asked the applicant to explain traffic circulation on the site. Councilwoman Tjornhom asked if there was adequate parking stalls. Mayor Furlong asked about the distance between the road and trail to the building, associated safety concerns, and landscaping. After comments from council members the following motions were made. Councilwoman Ernst moved, Councilman McDonald seconded that the Chanhassen City Council approve the Preliminary and Final Plat to replat Outlot C, SouthWest Village into 38 lots nd and one outlot, SouthWest Village 2 Addition as shown in plans dated received August 2, 2013, subject to the following conditions and adoption of the attached Findings of Fact: Park Conditions 1.In lieu of parkland dedication and/or trail construction, full park dedication fees shall be collected at the rate in force at the time of final plat approval. At today’s rate, 2013, these fees would total $144,400 (38 townhomes x $3,800 per unit). Engineering Conditions 1.The existing gas line and fiber optic line must be relocated to the drainage and utility easement. 2.The developer must submit a soils report with boring logs, indicating soil conditions, permeability. 3.The survey benchmark and elevation must be indicated on the topography plan. 4.The grading plan must show the proposed grades for all driveways. 5.An erosion control escrow is required in the amount of $14,850 (110% of the estimated erosion control cost). 6.The developer’s engineer must revise the labels of the watermain lengths in the profile view so that they match the plan view. 7.The developer’s engineer must revise the watermain and sanitary sewer profile street name label to match the plan view. 8.The developer’s engineer must revise the service connection tables with the correct block and lot numbers. 9.Partial water and sewer hook-ups are due at the time of final plat. The hook-up fees will be assessed at the rate in effect at that time. 10.The developer must submit written confirmation with the final plat application indicating that the MnDOT pond located in the south loop of the Highway 101 ramp has been sized to accommodate runoff from this development. 2 City Council Summary – September 9, 2013 11.Hydraulic calculations must be submitted with the final plat submittals and must include storm sewer inlet capacity analysis to verify that 100% of the runoff from a 10-year event can be captured and evaluate downstream conveyance for capacity. 12.The utility plan must be revised to show the following: a.Show the proposed water service to the bus station. b.Due to differential settlement, the three valves and the sanitary sewer manhole must not lie within the proposed paver-block circle at the intersection of the access road at the western private driveway intersection. The valves can be relocated outside of the paver-block circle. Sanitary sewer manhole 503 can be installed to the north of the paver-block circle and an additional manhole can be installed to the west of the paver- block circle. c.Sanitary sewer manhole 501 must not lie within the sidewalk. d.Eliminate the 90-degree bend in the watermain at the Highway 101 intersection and replace with two 45-degree bends. e.The final utility plan must show the sewer and water services to the townhome units. 13.MnDOT will be invoicing the City for a portion of the utility improvements for this development. The developer must pay for 100% of the invoices that the City receives for this work. 14.Each new lot is subject to the sanitary sewer and water hookup charges. These fees are collected with the building permit and are based on the rates in effect at the time of building permit application. The party applying for the building permit is responsible for payment of these fees. 15.Encroachment agreements are required for the two drainage and utility easements due to the extensive landscaping and sidewalk proposed. Building Official Conditions 1.The developer must submit a list of proposed street name(s) and an addressing plan for review and approval prior to final platting of the property. 2.Each lot must be provided with separate sewer and water services. 3.A final grading plan and soils report must be submitted to the Inspections Division before permits can be issued. Water Resources Conditions 3 City Council Summary – September 9, 2013 1.The Surface Water Pollution Prevention Plan shall include all elements as required under the General Permit Authorization to Discharge Stormwater Associated with Construction Activity under the National Pollution Discharge Elimination System/State Disposal System Program MN R100001. This includes, but is not limited to: a.Impervious surface coverage pre- and post-development; b.Total disturbed area c.Soils Map d.Training Documentation e.Chain of responsibility f.Map indicating surface waters or acceptable alternative g.Narrative, design and calculations as to how part III.D of the permit will be met or written authorization from the MPCA exempting this site from the current permit rules. h.Other required elements as listed in the permit and/or Chapter 19 of Chanhassen City Code. 2.Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as needed. 3.Surface Water Management trunk storm sewer fees due payable to the City at the time of final plat recording, is $38,472.50. 4.The applicant shall apply for and obtain permits, as necessary, from the appropriate regulatory agencies (e.g., Riley-Purgatory-Bluff Creek Watershed District, Minnesota Pollution Control Agency (NPDES Phase II Construction Site Permit), Minnesota Department of Natural Resources (for dewatering), Army Corps of Engineers, Minnesota Department of Transportation, Minnesota Department of Health) and comply with their conditions of approval.” All voted in favor and the motion carried unanimously with a vote of 5 to 0. Councilwoman Ernst moved, Councilman McDonald seconded that the Chanhassen City Council approve the site plan for 38 town homes for Planning Case 2013-19 for SouthWest Village Townhomes as shown in plans dated received April 13, 2006, and amended landscape plan dated received August 2, 2013, subject to the following conditions : Landscaping Conditions 1.Increase bufferyard plantings along Lyman Boulevard to include a minimum of 14 trees and 24 shrubs. 2.All of the trees located on Highway 101 and Lyman Boulevard between the trail and the curbline shall be moved to the other side of the trail. The trees will be located within the County Right-of-Way. The applicant will be responsible for all long-term maintenance and irrigation of the landscaping within the Right-of-Way. Engineering Conditions 4 City Council Summary – September 9, 2013 1.On-street parking is not permitted on the private streets. 2.Any landscaping or structures proposed to be located within the right-of-way must be approved by the regulating agency. Building Official Conditions 1.Accessibility must be provided to all portions of the development and a percentage of the units may also be required to be accessible or adaptable in accordance with Minnesota State Building Code Chapter 1341. Further information is needed to determine these requirements. 2.Buildings over 9250 square feet of floor area are required to be protected with an automatic sprinkler system. For the purposes of this requirement property lines do not constitute separate buildings and the areas of basements and garages are included in the floor area threshold. 3.The buildings will be required to be designed by an architect and engineer as determined by the Building Official. 4.Demolition permits must be obtained before demolishing any structures on the site. Application for such permits must include hazardous substances investigative and proposed mitigation reports. 5.Walls and projections within five feet of property lines are required to be of one-hour fire- resistive construction. 6.Retaining walls over four feet high require a permit and must be designed by a professional engineer. 7.The developer and/or their agent shall meet with the Inspections Division as early as possible to discuss plan review and permit procedures. Fire Marshal Conditions 1.A three-foot clear space must be maintained around fire hydrants. 2.“No Parking Fire Lane” signs will be required as well as yellow painted curb. Contact the Chanhassen Fire Marshal for exact location of signs and curbing to be painted. 3.Submit proposed street names to Chanhassen Fire Marshal and Chanhassen Building Official for review and approval. 4.Prior to combustible construction, fire hydrants must be made serviceable. 5.Prior to combustible construction, fire apparatus access roads capable of supporting the weight of fire apparatus shall be made serviceable. 5 City Council Summary – September 9, 2013 6.Temporary street signs shall be installed prior to and during time of construction.” All voted in favor and the motion carried unanimously with a vote of 5 to 0. Councilwoman Ernst moved, Councilman McDonald seconded that the Chanhassen City Council nd approve the Development Contract for SouthWest Village 2 Addition conditioned upon the applicant shall supply the City with a cash escrow or letter of credit for $546,045.50 and pay a cash fee of $293,891.97. All voted in favor and the motion carried unanimously with a vote of 5 to 0. LAKE ST. JOE’S COVE, SUBDIVISION OF 4.04 ACRES LOCATED EAST OF THE CITY LIMITS AND SOUTH OF CIMARRON SUBDIVISION BETWEEN KINGS ROAD ANDMILL CREEK LANE, APPLICANT: STEVE KROISS, STS PROPERTY, LLC: A. PRELIMINARY AND FINAL PLAT APPROVAL. B. APPROVAL OF DEVELOPMENT CONTRACT AND PLANS & SPECIFICATIONS. Kate Aanenson presented the staff report and Planning Commission update on this item. Todd Simnig and Steve Kroiss with STS Properties, LLC were available to answer questions. Councilman Laufenburger moved, Councilwoman Tjornhom seconded that the Chanhassen City subject to the following Council approves the Preliminary and Final Plat for Lake St. Joe’s Cove conditions and adoption of the attached Planning Commission Findings of Fact and Recommendation: Building Official: 1. Provide a 1:200 “clean” plat drawing. 2. Demolition permits are required for the removal of any existing structures. 3. Submit proposed street-name(s) to Building Official and Fire Marshal for approval. 4. Buildings may be required to be designed by an architect and/or engineer as determined by the Building Official. 5. A final grading plan and soils report must be submitted to the Inspections Division before permits can be issued. 6. Retaining walls over four feet high require a permit and must be designed by a professional engineer. 7. Each lot must be provided with separate sewer and water services. 8. The applicant and/or their agent shall meet with the Inspections Division as early as possible to discuss plan review and permit procedures. Engineering: 6 City Council Summary – September 9, 2013 9.Access to the properties in Victoria must be maintained. 10.The plat delineates the 10-foot easement at the front and back of the lots, and a 5-foot easement at the sides of the lots, but the plat must call them out as a “drainage and utility easement.” 11.Plat must dedicate driveway access easement on Lot 4, Block 3 for access to the property in Victoria. 12.The easement between Block 1, Lot 1 and Block 1, Lot 2 must provide enough room to excavate the pipe for maintenance at a 1:1.5 slope. 13.The easement at the northeast corner of Block 3, Lot 1 must provide enough room to excavate the pipe for maintenance at a 1:1.5 slope. 14.The plat document must be amended to include Outlot B, which is shown in the plans. 15.The survey of the existing property shows contour lines in the Cimmaron development north of Lake St. Joe’s Cove, but it must also show all existing buildings and driveways 100 feet beyond the property boundary. 16.The grading plans must show the benchmark elevation used for the survey. 17.In the relatively flat areas, such as the swale that directs water to Catch Basin 6, the grading plan must show spot elevations and flow arrows to indicate the direction of the water. 18.The 15-inch storm sewer pipe from CBMH1 to the existing structure shall be constructed with a minimum 0.70 % slope. 19.The existing storm sewer manhole on Outlot A, Cimmaron Addition must be replaced to include a 3-foot sump. 20.The property owner at 7040 Mill Creek Lane must agree to any work being done on his or her land. The proposed grading on this property must also be included in the grading plan. 21.The slopes must be less than 3:1. The developer’s engineer must revise the grading on Outlot A and Block 3 to meet this standard. 22.The contours show water flowing to the northeast corner of Block 1, Lot 1. The developer’s engineer must revise the grading or mark the elevation at the building corner to direct water flow away from the structure. 23.The driveway grades on Block 1, Lot 2 and Block 3, Lot 3 must be revised so that the grade does not exceed 10% at any point on the driveway. 24.An escrow (110% of the estimated erosion control for this development) is required before site grading begins. 7 City Council Summary – September 9, 2013 25.The following materials are prohibited for retaining wall construction: smooth face, poured- in-place concrete (stamped or patterned concrete is allowed), masonry, railroad ties or timber. 26.Walls taller than 6 feet shall not be constructed with boulder rock. 27.The grading behind the retaining wall must be modified so that water will not drain down the face of the wall. 28.A Homeowners Association shall be created to take ownership of the retaining wall. 29.The plans must annotate the width of the roadway, sidewalks, and the right-of-way. 30.The plans must show the station where the new construction ties in to the existing road as well as the limits of construction. 31.The plans must include erosion control measures to the limits of construction. 32.The developer’s engineer must revise the grades of the driveway at Block 1, Lot 2 and Block 3, Lot 3 to be between 0.5 and 10.0% at any point on the driveway. 33.The driveway on Block 3, Lot 4 must be moved out of the 10-foot side yard setback. 34.In the submitted plans, the pipe length in the profile view does not match the length of pipe in the plan view. This must be revised so the plans are consistent. 35.The watermain will connect the stubs at Kings Road and Mill Creek Lane to create a loop. 36.At the time of the final plat, the assessment for Minnewashta Parkway improvements plus the additional accrued interest must be paid or reassessed. 37.Water and sewer hookups are due at the time of final plat. The hookup fees will be assessed at the rate in effect at that time. Fire Marshal: 38.Proposed fire hydrant(s) location is acceptable. 39.No burning permits will be issued for tree/brush removal. They must be chipped or hauled away. 40.Prior to new home combustible construction fire hydrants must be made serviceable. 41.Prior to new home construction fire apparatus access roads capable of supporting the weight of fire apparatus shall be made serviceable. 42.A three-foot clear space must be maintained around fire hydrant(s). 8 City Council Summary – September 9, 2013 Natural Resource Coordinator: 43.The trees should be field located as to allow for a 20-foot wide access to the pond. The applicant shall work with staff to delineate a clear zone to the pond. 44.Tree protection fencing shall be installed at the edge of grading limits near preserved areas of trees. Parks and Recreation: 45.In lieu of parkland dedication and/or trail construction, full park dedication fees shall be collected at the rate in force at the time of final plat approval. At today’s rate, these fees would total $46,400 (8 lots x $5,800 per lot). Water Resources Coordinator: 46.Wetland must be shown at the 948 foot contour and the 25-foot buffer and 30-foot setback must be shown accordingly. 47.All wetland and buffer areas not within an outlot must be contained within a drainage and utility easement. 48.Wetland buffer signage must be shown on the plan and installed concurrently with the erosion prevention and sediment control practices. 49.The applicant must apply for and receive a General Permit to Discharge Stormwater Associated with Construction Activity Under the National Pollution Discharge Elimination System/State Disposal System 50.The applicant must provide a standalone Storm Water Pollution Prevention Plan (SWPPP) containing the required elements as detailed in the above permit to the city prior to any earth- disturbing activities. 51.A dewatering plan must be provided to the city and at least 48-hours notice given prior to drawing down the existing pond for the purpose of installing the infiltration bench. This dewatering plan shall be incorporated into the SWPPP. 52.The details must be changed to reflect the most up-to-date city standard details. 53.The invert elevation at the downstream end of the storm sewer pipe from CBMH 1 to the existing manhole shall be lowered to an elevation that allows for a greater slope than the immediately upstream pipe run. 54.The applicant’s engineer shall move the filtration bench to the west side of the pond outlet for improved maintenance access. If this is not practicable from an engineering perspective, supporting documentation must be provided to and agreed upon by the city. 9 City Council Summary – September 9, 2013 55.A twenty (20) foot wide maintenance access which allows cross slope meandering shall be shown on the plan and provided for during construction. 56.SWMP Fees totaling $15,646.50 shall be provided to the City with final plat. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Councilman Laufenburger moved, Councilwoman Tjornhom seconded that the Chanhassen City Council approve the Development Contract and the construction plans and specifications for Lake St. Joe’s Cove conditioned upon the following: 1. The applicant enter into the Development Contract and supply the City with a cash escrow or letter of credit for $513,766.64 and pay a cash fee of $95,318.38. 2. The applicant’s engineer shall work with City staff in revising the construction plans to meet City standards. All voted in favor and the motion carried unanimously with a vote of 5 to 0. CONSENT AGENDA: CAMDEN RIDGE, 1500 PIONEER TRAIL: A. FINAL PLAT APPROVAL. B. APPROVAL OF DEVELOPMENT CONTRACT AND PLANS & SPECIFICATIONS. Kate Aanenson clarified that a condition number 11 should be added under engineering conditions which would state, all street right-of-way shall be shown at 55 feet including the street extending to the north. Councilman Laufenburger moved, Councilwoman Ernst seconded to approve the Final Plat for Camden Ridge subject to the conditions in the staff report, with the following changes: Page 15, item 12 has been modified to 55 feet; and Page 23, condition 11 under Engineering would read, All street right-of-way shall be shown at 55 feet including the street extending to the north. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Councilman Laufenburger moved, Councilwoman Ernst seconded to approve the development contract and the construction plans and specifications for Camden Ridge conditioned upon the following: 1. The applicant shall enter into the development contract and supply the City with a cash escrow or letter of credit for $2,043,442.42 and pay a cash fee of $664,589.16. 2. The applicant’s engineer shall work with City staff to revising the construction plans to meet City standards. All voted in favor and the motion carried unanimously with a vote of 5 to 0. PROPOSED 2014 BUDGET: RESOLUTION APPROVING CERTIFYING PRELIMINARY LEVY TO THE CARVER COUNTY AUDITOR. Greg Sticha presented a power point presentation outlining the details of the 2014 budget with staff’s recommendation to use Scenario 2 when setting the preliminary levy amount. Councilman Laufenburger 10 City Council Summary – September 9, 2013 asked that any items approved in the 2013 CIP that do not get completed in 2013 be shown with the 2014 CIP. Mayor Furlong clarified the action being taken by the City Council in setting the preliminary levy amount. Councilwoman Ernst moved to approve the 2014 preliminary levy with the following reductions: $10,000 in conferences/seminars, $40,000 building inspector, $15,000 police car, $6,800 in copier expenses, $25,000 with a CSO for a one year test, $30,000 for the lifeguards at Lake Ann, and reduce the salary increase from 3% to 1%, which would be roughly $80,000. There was no second and the motion failed for lack of a second. After comments from council members, the following motion was made. Resolution #2013-42: Councilman McDonald moved, Councilman Laufenburger seconded that the City Council approve a Resolution adopting the preliminary 2014 general fund budget of $10,004,199 and establishing a total preliminary levy of $10,424,390 for 2014, and establishing Truth in Taxation public hearing dates for 2013, collectible in 2014. All voted in favor, except for Councilwoman Ernst who opposed, and the motion carried with a vote of 4 to 1. COUNCIL PRESENTATIONS. None. ADMINISTRATIVE PRESENTATIONS. Todd Gerhardt informed the council that the September 23, 2014 City Council meeting has been cancelled. Paul Oehme provided updates on road projects. Councilman Laufenburger asked for an update on the high district water tower at Minnetonka Middle School West. CORRESPONDENCE DISCUSSION. Todd Gerhardt and Laurie Hokkanen outlined the timeline and procedures for the National Citizen Survey. Councilwoman Ernst moved, Councilman Laufenburger 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 9:00 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 11