SUM 2004 04 12CHANHASSEN CITY COUNCIL
REGULAR MEETING
SUMMARY MINUTES
APRIL 12, 2004
Mayor Furlong called the meeting to order at 7:32 p.m. The meeting was opened
with the Pledge to the Flag.
COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilman Labatt, Councilman
Ayotte, Councilman Lundquist and Councilman Peterson
STAFF PRESENT: Todd Gerhardt, Justin Miller, Roger Knutson, Bruce DeJong, Paul
Oehme, Matt Saam, Nate Bouvet, Kelley Janes, and Kate Aanenson
PUBLIC PRESENT FOR ALL ITEMS:
Rich Slagle
Debbie Lloyd
Planning Commission
7302 Laredo Drive
PUBLIC ANNOUNCEMENTS: Mayor Furlong announced that item 4, request for
funding streambank stabilization project, Christmas Lake Homeowners Association will
be tabled per staff recommendation.
CONSENT AGENDA: Councilman Peterson moved, Councilman Lundquist
seconded to approve the following consent agenda items pursuant to the City
Manager's recommendations:
Approval of Minutes:
-City Council Work Session Minutes dated March 22, 2004
-City Council Summary & Verbatim Minutes dated March 22, 2004
Receive Commission Minutes:
-Planning Commission Summary & Verbatim Minutes dated March 16, 2004
Resolution #2004-16: Approve Playground Purchases; Meadow Green Park and
Bandimere Community Park.
Resolution #2004-17: Approval of Plans & Specifications; Authorize
Advertising for Bids, 2004 Street Reconstruction Projects, Project 04-01.
Resolution #2004-18: Award of Bids, Vehicles & Equipment Included in the
2004 Capital Improvement Program.
Approval of a Request for Rezoning of 3.09 Acres from A2, Agricultural Estate
District to RSF, Single Family Residential; Subdivision Approval Creating Four
City Council Summary - April 12, 2004
Lots with Variances; and a Conditional Use Permit for Development within the
Bluff Creek Corridor, Klingelhutz Development, Walnut Grove 2nd Addition.
Resolution #2004-19: Resolution Approving the Limited Use Permit for Non-
Motorized Recreational Trail from CSAH 17 to Carver/Hennepin Line.
All voted in favor, except Mayor Furlong who abstained on item l(e), and the
motion carried.
VISITOR PRESENTATIONS:
Roger Behrens, 8780 Flamingo Drive brought up the issue of traffic lights on Highway 5,
particularly at the intersections of Powers Boulevard and Market Boulevard. Todd
Gerhardt stated he would notify MnDot of the problem. Greg Swirtz, President of the
Christmas Lake Homeowners Association stated he was present to discuss item 4 which
was tabled. He provided background information on this project.
PUBLIC HEARING: KENYON BLUFF, LOTS 1 & 2, PLEASANT VIEW; 400
PLEASANT VIEW ROAD:
Ao
Co
PUBLIC HEARING ON VACATION OF A PORTION OF OAK GROVE
RIGHT-OF-WAY.
REOUEST FOR PRELIMINARY & FINAL PLAT APPROVAL TO
SUBDIVIDE 2.1 ACRES INTO THREE SINGLE FAMILY LOTS WITH
VARIANCES.
APPROVAL OF CONSTRUCTION PLANS & SPECIFICATIONS AND
DEVELOPMENT CONTRACT.
Public Present:
N~me
Address
Tom Goodrum
Tom Rollings
Maryevelyn Monty
Larry Tivy
Mary Ann McCauley
Darlene & Don Miller
Debra C. Schultz
David Santana
Janice Andrus
Don Sennes
James & Richard Frerich
9841 Xerxes Curve
4550 Weston Lane
370 Pleasant View Road
370 Pleasant View Road
410 Pleasant View Road
396 Pleasant View Road
6614 Horseshoe Curve
6614 Horseshoe Curve
449 Pleasant View Road
6680 Mohawk Drive
651 Broken Arrow Drive
Kate Aanenson presented the staff report and provided the Planning Commission update.
Mayor Furlong asked for clarification on the vacation of the private street. He then
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City Council Summary - April 12, 2004
opened the public hearing on the vacation of the right-of-way. Larry Tivy, 370 Pleasant
View Road stated his main concern is the encroachment on his privacy and would
request a 35 to 40 foot setback requirement. His other concern with the loss of trees.
Maryevelyn Monty, 370 Pleasant View Road questioned why the vacated road wasn't
extended for the rest of the way over to the other road and expressed a concern if a 3
story garage were to be constructed and blocking the afternoon sun. Don Miller, 395
Pleasant View Road asked for clarification on who receives the vacated property. David
Santana, 6614 Horseshoe Curve expressed concern with the placement of the driveways
on Pleasant View Road, construction traffic and that the clustering of three 7,000 square
foot homes on 2 acres of property changing the culture of the neighborhood. Janice
Andrus, 449 Pleasant View Road asked if the city was considering installing a stop sign
at the curve. Debra Schultz, 6614 Horseshoe Curve talked about the increase in traffic
over the past 8 years and the dangerous situation. Mary Ann McCauley, 420 Pleasant
View Road sent an e-mail to the City Council on Friday but wanted to reiterate that the
person who decided to put the private street where they're putting it, has never come
down her driveway and tried to make a turn out onto the street. Michael Kohane, 6870
Yuma Drive, which is on the other side of Lotus Lake, expressed concern with the quality
of Lotus Lake and the runoff and drainage created by additional development, both by
this development and the one coming on the Carver Beach side of the lake. Mayor
Furlong closed the public hearing.
Resolution #2004-20: Councilman Peterson moved, Councilman Ayotte seconded
that the City Council approve the partial vacation of Oak Grove Avenue as shown
on plans dated received February 26, 2004, with the following conditions:
The applicant shall provide the city with the legal description of the vacated right-
of-way.
The applicant shall dedicate a typical drainage and utility easement over a portion
of the vacated portion.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
Councilman Peterson moved, Councilman Labatt seconded that the City Council
approves the preliminary and final plat for Planning Case 04-03 for Kenyon Bluff for 3
lots and a variance to allow a private street as shown on the plans received February 26,
2004, and revised March 24, 2004, adopting the Findings of Fact and subject to the
following conditions:
Environmental Resources Specialist Conditions:
a. Applicant shall submit landscape plan showing the 16 trees required to be
planted. Trees shall meet minimum size requirements.
b. Minimum bufferyard planting requirements for Lot 3 includes 2 overstory
trees, 4 understory trees and 9 shrubs.
City Council Summary - April 12, 2004
c. Tree preservation fence shall be installed prior to grading at the perimeter of
the grading limits.
d. Any trees not shown for removal that are lost due to construction activities
will be replaced at a rate of2:1 diameter inches.
The applicant shall pay park fees in lieu of land dedication or trail construction on
two of the three lots. One lot is exempt from these charges due to the existing
single-family home on the property. The park fee on two single family homes
totals $5,600 and is payable at the time of platting.
Submit a 30-foot wide private cross-access easement against all three lots at time
of final plat recording.
Permits from the appropriate regulatory agencies will have to be obtained,
including but not limited to the MPCA, MN Department of Health, MCES, and
Watershed District.
5. The storm sewer must be designed for a 1 O-year, 24-hour storm event.
The applicant should be aware that any retaining wall more than 4 feet in height
must be designed by a Structural Engineer registered in the State of Minnesota.
Also, it will require a building permit through the City's Building Department.
7. Tree preservation fencing must be installed at the limits of tree removal.
8. Show all of the existing and proposed utility easements on the utility plan.
On the grading plan:
a. Show all existing and proposed easements.
10. Add to the plans the following notes:
a. All sanitary services must be 6" PVC-SDR26 and water services 1" copper.
11. On Lot 1, the house pad must be raised one foot in elevation to better facilitate
drainage away from the house.
12. On Lot 2, 10:1 slope must be used for the first 15 feet off the rear house pad along
with a 4-foot retaining wall.
13.
If importing or exporting material for development of the site is necessary, the
applicant will be required to supply the City with a detailed haul route and traffic
control plan.
14. The sanitary sewer and water hookup charges are applicable for each of the new
lots. The 2004 trunk hookup charge is $1,458 for sanitary sewer and $2,814 for
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City Council Summary - April 12, 2004
15.
16.
17.
18.
19.
20.
21.
22.
23.
water-main.
Public utility improvements are required to be constructed in accordance with the
City's latest edition of Standard Specifications and Detail Plates. Detailed
construction plans and specifications must be submitted at time of final plat for
review. The applicant is also required to enter into a development contract with
the City and supply the necessary financial security in the form of a letter of credit
or cash escrow to guarantee installation of the improvements and the conditions of
final plat approval. Permits from the appropriate regulatory agencies will have to
be obtained, including but not limited to the MPCA, Department of Health,
MCES, and Watershed District.
The private street must be built to a 7-ton design. The developer will be required
to submit inspection reports certifying this.
The existing driveway to the site off of Pleasant View Road must be removed.
Show the standard 10- and 5- foot lot line easements on the final plat.
Delete the proposed infiltration basin.
Detailed grading, drainage, tree removal and erosion control plans will be required
for each lot at the time of building permit application for city review and approval.
In addition, as-built surveys will be required on each lot prior to occupancy.
The applicant must provide a water quality treatment manhole within the site.
A 20 foot wide public access easement over the private street will be required so
city utility crews can gain access to the public sewer and water lines.
Water Resource Coordinator Conditions:
a. Inlet control shall be provided following installation of inlet structures.
b. Silt fence shall be provided as needed to prevent sediment from leaving the
site.
c. Erosion control blanket shall be installed on all slopes greater than or equal
to 3:1.
d. All exposed soil areas shall have temporary erosion protection or permanent
cover for the exposed soil areas year round, according to the following table
of slopes and time frames:
Type of Slope
Steeper than 3:1
10:1 to 3:1
Flatter than 10:1
Stabilized within
7 days
14 days
21 days
City Council Summary - April 12, 2004
24.
These areas include any exposed soil areas with a positive slope to a storm
water conveyance system, such as a curb and gutter system, storm sewer
inlet, temporary or permanent drainage ditch or other natural or man made
systems that discharge to a surface water.
e. Street cleaning of soil tracked onto public streets shall include daily street
scraping and street sweeping as-needed.
f. At this time, the estimated total SWMP fee, due payable to the City at the time
of final plat recording, is $6,860.
g. The applicant shall apply for and obtain permits from the appropriate
regulatory agencies (e.g., Riley-Purgatory-Bluff Creek Watershed District,
Minnesota Pollution Control Agency, Minnesota Department of Natural
Resources (for dewatering)) and comply with their conditions of approval.
Fire Marshal Conditions:
a. The new proposed street will be required to have a street name. Submit
proposed name to Chanhassen Building Official and Fire Marshal for review
and approval.
b. A 10-foot clear space must be maintained around fire hydrants, i.e., street
lamps, trees, shrubs, bushes, Qwest, Xcel Energy, cable TV and transformer
boxes. This is to ensure that fire hydrants can be quickly located and
operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1.
c. No burning permits will be issued for tree/shrub disposal. Any trees
removed must be removed or chipped on site.
25.
Building Official Conditions:
a. Demolition permits must be obtained before demolishing any existing
structures.
b. A building permit must be obtained to construct any retaining walls over 4
feet tall.
c. Final grading plans and soil reports must be submitted to the Inspections
Division before building permits will be issued.
26. Approval of the subdivision is contingent upon the City Council approving the
vacation of the right-of-way.
27. Access to all three lots shall be limited to the Private Street. Direct access is
prohibited off of Pleasant View Road.
28. Work with staff to increase the sight distance along Pleasant View Road near the
proposed access from the development."
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
Councilman Peterson moved, Councilman Labatt seconded that the City Council
approve the construction plans and specifications for Kenyon Bluff dated March 24,
City Council Summary - April 12, 2004
2004, prepared by Schoell & Madson, Inc., and the development contract dated
April 12, 2004, subject to the following conditions:
The applicant shall enter into the development contract and supply the City with a
cash escrow or letter of credit in the amount of $305,197 and pay an
administration fee of $20,527.
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.
APPEAL VARIANCE FOR A 7,068 SO. FT. LOT AREA VARIANCE TO
SECTION 20-615(1) FOR THE PURPOSE OF CONSTRUCTING A HOME, 795
PONDEROSA, THOMAS KOEHNEN.
Public Present:
Name Address
Vicky Hevey
Nancy Mason
Michael Kohane
Felix & Brian Thompson
Mark & Julie Quiner
Shelly MacGillivray
Mark VanGuilder
Ally & Randy Vogel
Chuck Worsfold
Nancy Kennedy
Curt Bjorlin
Bruce Burrington
Lee Pillatzki
Sue & Bruce Koehnen
Tom & Erica Koehnen
780 Woodhill Drive
829 Woodhill Drive
6870 Yuma Drive
6899 Yuma Drive
6889 Yuma Drive
805 Ponderosa Drive
805 Ponderosa Drive
6890 Yuma Drive
6900 Yuma Drive
761 Ponderosa Drive
824 Lone Eagle Drive
6869 Yuma Drive
830 Ponderosa Drive
1830 Koehnen Circle
6280 Audubon Circle
Kate Aanenson provided an update on Planning Commission action on this item.
Councilman Ayotte asked staff to explain how conditions of the variance will be
enforced. Mayor Furlong asked for clarification on the drainage, access into the site, and
the lot being a lot of record. Stating this was not a public hearing, he invited
representatives of the neighbors appealing the decision to speak. Michael Kohane, 6870
Yuma Drive stated the neighbors don't think this is a buildable lot because of the size,
location and shape of the lot. Where it sits there's significant impacts on safety, the
drainage and the environment in that area. He also expressed concern with the
performance of the Planning Commission, indicating they seemed confused on how to
make a decision, questioned the Findings of Fact, and stated the packet he was sent by the
City Council Summary - April 12, 2004
city was incomplete. Shelly MacGillivray, 805 Ponderosa Drive asked that the driveway
be put on Yuma as the access onto Ponderosa is very dangerous. Ally Vogel, 6890 Yuma
Drive expressed concern with the survey that was done by the applicant which showed
the lot line in the middle of their driveway. Tom Koehnen, 6280 Audubon Circle, the
applicant addressed the issues raised in the appeal documents. Mayor Furlong asked the
city attorney to clarify the legalities of this appeal.
Councilman Lundquist moved, Councilman Ayotte seconded that the City Council
approve the Findings of Fact in the staff report and approve Variance #04-11 for lot
area variance from the 15,000 square feet for the construction of a single family
residence on a 7,932 square foot lot, zoned RSF as shown on plans dated 2/12/04.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
APPROVAL OF AMENDMENTS TO CITY CODE; INCLUDING SUMMARY
ORDINANCE FOR PUBLICATION PURPOSES:
CHAPTER 10, LICENSING.
CHAPTER 11, MISCELLANEOUS PROVISIONS AND OFFENSES.
CHAPTER 13, NUISANCES.
Kate Aanenson presented the staff update on this item. Council members asked for
clarification regarding wine in city parks, the hunting map and hunting regulations.
Councilman Peterson moved, Councilman Ayotte seconded to approve the
amendments to Chapter 10 of the City Code, Licensing, including summary
ordinance for publication purposes. All voted in favor and the motion carried
unanimously with a vote of 5 to 0.
Councilman Ayotte moved, Councilman Lundquist seconded to approve
amendments to Chapter 11 of the City Code, Miscellaneous Provisions and
Offenses. All voted in favor and the motion carried unanimously with a vote of 5 to
0.
Councilman Labatt moved, Councilman Lundquist
amendments to Chapter 13 of the City Code, Nuisances.
motion carried unanimously with a vote of 5 to 0.
seconded to approve the
All voted in favor and the
COUNCIL PRESENTATIONS: None.
ADMINISTRATIVE PRESENTATIONS:
Todd Gerhardt provided an update on the closing for the bowling alley property and
thanked Justin Miller and John Kelly for representing the city and pushing this item
forward to a close.
CORRESPONDENCE DISCUSSION. None.
City Council Summary - April 12, 2004
Councilman Lundquist moved, Councilman Peterson seconded to adjourn the
meeting. All voted in favor and the motion carried. The City Council meeting was
adjourned at 9:22 p.m.
Submitted by Todd Gerhardt
City Manager
Prepared by Nann Opheim