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SUM 2005 04 11 CHANHASSEN CITY COUNCIL REGULAR MEETING SUMMARY MINUTES APRIL 11, 2005 Mayor Furlong called the meeting to order at 7:05 p.m. The meeting was opened with the Pledge to the Flag. COUNCILMEMBERS PRESENT: Mayor Furlong, Councilman Peterson, Councilman Labatt, and Councilwoman Tjornhom COUNCILMEMBERS ABSENT: Councilman Lundquist STAFF PRESENT: Todd Gerhardt, Justin Miller, Kate Aanenson, Roger Knutson and Matt Saam PUBLIC PRESENT FOR ALL ITEMS: Janet Paulsen 7305 Laredo Drive Uli Sacchet Planning Commission Rick Dorsey 1551 Lyman Boulevard Charles Deng 6804 Briarwood Court PUBLIC ANNOUNCEMENTS: None. CONSENT AGENDA: Councilman Peterson moved, Councilman Labatt seconded to approve the following consent agenda items pursuant to the City Manager’s recommendations: a. Approval of Minutes: -City Council Verbatim & Summary Minutes dated March 28, 2005 Receive Commission Minutes: -Planning Commission Verbatim & Summary Minutes dated March 15, 2005 Resolution#2005-36: b. Approval of Loan Agreement, TH 212-TH 101 Gap Bonding Project 03-09-3. Resolution#2005-37: d. Award of Contract with Markhurd for Aerial Photography and Planimetric Data Capture, PW125C. e. John Henry Addition: 1) Final Plat Approval 2) Approval of Construction Plans & Specifications, Project 05-05 f. Approve Quit Claim Deeds of Vacated Santa Fe Trail Property, File 95-05. City Council Summary – April 11, 2005 Resolution#2005-38: h. Assignment of KMC Telecom Encroachment Agreement to CenturyTel Acquisition, LLC. i. Approval of Ordinance Amending Section 18-41 Concerning Reimbursement of Environmental Reviews. Resolution#2005-39: j. Award Contract for Trunk Watermain Improvements from th Lakeview Road to 86 Street, Project 04-18. Resolution#2005-40: k. Approve Signal Agreement for TH 101 and Pioneer Trail Intersection, PW053G. All voted in favor and the motion carried unanimously with a vote of 4 to 0. VISITOR PRESENTATIONS: Senator Julianne Ortman gave an update of what’s going on at the Capitol with the legislature. There’s been discussion at Carver County about the combination of the Auditor/Treasurer/ Recorder and that those elected officials become appointed in the future. The Senator’s office, along with the County have come to an arrangement whereby the County is going to be developing some town halls and making presentations across the county to residents so they will understand what is being proposed. Recently the issue of a Chanhassen licensing center has passed through a couple of House and Senate committees for approval. She updated the council on the market value credits, Highway 212 ground breaking, and MnDot recognizing the widening of Highway 5 west of Highway 41 as an unmet need. Three bills that she’s currently working on are the drug sentencing reform bill, funding the financial crimes task force, and education tax credit bill. Rick Dorsey, 1551 Lyman Boulevard expressed concern that he was not notified of item 1(b) the loan agreement for Highways 212/101 gap bonding project 03-09-3 and the possibility of an assessment on his property. Mayor Furlong suggested that Mr. Dorsey talk to Mr. Gerhardt or staff to resolve the confusion over this item. Bill Flanagan, 6653 Brenden Court expressed concern with the traffic and condition of Galpin Boulevard, especially with new developments going in in the area. PUBLIC HEARING ON VACATION OF PUBLIC EASEMENTS WITHIN PINEHURST PLAT, FILE 05-01. Public Present: Name Address Nathan Franzen 1851 Lake Drive Bill & Max Flanagan 6653 Brenden Court Julie Fuecker 6751 Manchester Drive 2 City Council Summary – April 11, 2005 Matt Saam presented the staff report on this item. Mayor Furlong asked staff to explain the time line for the vacation so that the city would not be without utility easements. Mayor Furlong opened the public hearing. Julie Fuecker, 6751 Manchester Drive asked for clarification on how the easement will affect the homes abutting the Pinehurst development. Mayor Furlong closed the public hearing. Resolution#2005-41: Councilman Peterson moved, Councilman Labatt seconded to approve the resolution vacating the existing public drainage and utility easements as defined on the attached vacation description. All voted in favor and the motion carried unanimously with a vote of 4 to 0. REQUEST TO SUBDIVIDE 2.77 ACRES INTO 6 SINGLE FAMILY LOTS WITH VARIANCES; LOCATED AT 6500 CHANHASSEN ROAD (NORTH OF FOX HOLLOW DRIVE, WEST OF HIGHWAY 101, AND SOUTH OF PLEASANT VIEW ROAD); FOX DEN; APPLICANT 10 SPRING, INC., PLANNING CASE 05-08. Kate Aanenson presented the staff report on this item and an update from the Planning Commission. Councilman Labatt asked if the fees for the storm water pond would cover future maintenance costs. Mayor Furlong asked about the status of conditions 12(j)-(m) that were added by the Planning Commission. Kate Aanenson stated those items had been addressed be staff and the developer. Scott Rosenlund with 10 Spring Inc., stated he had nothing to add but he along with his engineer, Cara Otto were available to answer any questions. Councilman Labatt moved, Councilwoman Tjornhom seconded that the City Council approve the Preliminary Plat for Planning Case #05-08 for Fox Den for 6 lots with a variance for a 50 foot right-of-way width as shown on the plans prepared by Otto Associates stamped “Received February 11, 2005”, subject to the following conditions: 1.The pond on Outlot A, Fox Hollow shall be maintained to ensure it meets the size and volume standards to which it was originally designed. Any inlet and outlet structures on that pond requiring maintenance or replacement shall be maintained or replaced. 2.An outlet meeting National Pollutant Discharge Elimination System permanent storm water management system requirements (NPDES Permit MN R100001, Section C, Subsection 1D, Page 11 or 26) shall be installed at the outlet of the pond on Outlot A, Fox Hollow. 3.A floating Faircloth skimmer or another preapproved method should be used for dewatering. The flow route, distance to receiving waters and name of receiving waters of the storm water basin and dewatering activities shall be included on the plan. A detailed dewatering plan with method, rate, and erosion and sediment control considerations, such as energy dissipation, shall be provided. 4.Geotextile or gravel bed and riprap shall be provided for energy dissipation at the existing and proposed flared-end inlets to the storm water pond and the outlet of the pond on the east side of Hwy 101. 3 City Council Summary – April 11, 2005 5.Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Type of Slope Time (Maximum time an area can Steeper than 3:1 7 days remain open when the area 10:1 to 3:1 14 days is not actively being worked.) Flatter than 10:1 21 days These areas include constructed storm water management pond side slopes, and 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. 6.A detail for the catch basin (CB) sediment control shall be provided for the CB between Lots 2 and 3. 7.Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as-needed. 8.The applicant shall pay the total SWMP fee, due payable to the City at the time of final plat recording. At this time, the estimated fee is $8,021. 9.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 (NPDES Phase II Construction Permit), Minnesota Department of Natural Resources (for dewatering)) and comply with their conditions of approval. 10.Building Department conditions: a.A final grading plan and soils report must be submitted to the Inspections Division before building permits will be issued. b.Demolition permits must be obtained prior to demolishing any structures on the site. c.Existing wells on the site must be abandoned in accordance with State Law and City Code. 11.Fire Marshal conditions: a.No burning permits will be issued for trees to be removed. Trees and shrubs must either be removed from site or chipped. b.A 10-foot clear space must be maintained around fire hydrants, i.e., street lamps, trees, shrubs, bushes, Xcel Energy, Qwest, Cable TV and transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1. 4 City Council Summary – April 11, 2005 c.Fire apparatus access roads and water supply for fire protection is required to be installed. Such protection shall be installed and made serviceable prior to and during the time of construction except when approved alternate methods of protection are provided. d.Temporary street signs shall be installed on each street intersection when construction of the new roadway allows passage by vehicles. Pursuant to 2002 Minnesota Fire Code Section 501.4. 12.Environmental Resources Coordinator Conditions: a.Applicant shall revise landscape plan to show a minimum of 21 trees to be planted. b.A minimum of two 2 ½” deciduous, overstory trees shall be required in the front yard of each lot. c.No more than one-third of the required trees may be from any one species. d.Tree preservation fence shall be installed at the edge of the grading limits around all trees proposed to be preserved prior to any grading. e.Any trees proposed for preservation that are lost due to grading and construction activities will be replaced at a rate of 2:1 diameter inches. f.All 21 trees shall be planted within the proposed development. A revised landscape plan will be required prior to final approval. g.A landscape buffer shall be planted along Hwy. 101 and include, at a minimum, 5 overstory trees, 7 understory trees and 12 shrubs. h.Trees #142-144 and six green ash not shown on the tree inventory, located along the south property line near the existing shed, shall be preserved. i.The applicant shall plant boulevard trees along Fox Hollow Drive and Fox Drive to replace trees lost due to pond expansion. One tree shall be planted every 30 feet except within the sight triangle. Species selected shall be approved by the city. j. Developer will work with staff to explore possibilities of minimizing tree loss to the north of the pond and consider alternate design on the pond using available space. k. Developer will work with staff to consider buffer plantings around the pond. l. Developer will work with staff to evaluate the impact to the buffer trees to the north of the cul-de-sac on Lot 4. m. Developer will work with staff to evaluate the placement of evergreens versus deciduous for buffering purposes. 13.On the Utility plan: a.Show all easements. b.Add a note “Any connection to existing structures must be core drilled. 14.Add the following City detail plates: 1005, 2001, 5300 and 5301. 15.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. 16.The sanitary sewer hook-up charge will only be applied to five of the six new lots. The water hookup charge will still be applicable for each of the new lots. Since the developer 5 City Council Summary – April 11, 2005 will be responsible for extending lateral sewer and water service to the lots, the sanitary sewer and water connection charges will be waived. The 2005 trunk hookup charge is $1,458 for sanitary sewer and $2,955 for water-main. Sanitary sewer and water-main hookup fees may be specially assessed against the parcel at the time of building permit issuance. All of these charges are based on the number of SAC units assigned by the Met Council. 17.All of the utility improvements are required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. 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. The applicant must be aware that all public utility improvements will require a preconstruction meeting before building permit issuance. Permits from the appropriate regulatory agencies will be required, including the MPCA, MnDOT, Watershed District and MDH. 18.A professional engineer registered in the State of Minnesota must sign all plans. 19.The applicant must be aware that any grading on privately-owned property will require a temporary easement. 20.The applicant will be required to clean the existing stormwater pond after enlargements have been completed. 21.Prior to final platting, storm sewer design data will need to be submitted for staff review. The storm sewer will have to be designed for a 10-year, 24-hour storm event. 22.Drainage and utility easements will need to be dedicated on the final plat over the public storm drainage system including ponds and drainage swales up to the 100-year flood level. The minimum easement width shall be 20 feet wide. 23.Staff is recommending that a small (1'-3') retaining wall be installed along the western right- of-way of Fox Drive south of the site. This will alleviate the steep slopes in the area and provide room for a boulevard area in back of the curb for snow storage. 24.A minimum 20-foot wide easement will be required over the watermain that is outside of the right-of-way. 25.The developer shall pay full park dedication fees.” All voted in favor and the motion carried unanimously with a vote of 4 to 0. COUNCIL PRESENTATIONS: None. ADMINISTRATIVE PRESENTATIONS: None. 6 City Council Summary – April 11, 2005 CORRESPONDENCE DISCUSSION. th Councilman Peterson informed the public that the farmers market will begin Saturday, June 4 th through October 29. Times are 9:00 a.m. to 1:00 p.m. in the parking lot near City Center Park. Councilman Peterson moved, Councilwoman Tjornhom seconded to adjourn. All voted in favor and the motion carried. The City Council meeting was adjourned at 7:45 p.m.. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 7