SUM 2005 05 09
CHANHASSEN CITY COUNCIL
REGULAR MEETING
SUMMARY MINUTES
MAY 9, 2005
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, Councilwoman Tjornhom, Councilman
Labatt, Councilman Lundquist and Councilman Peterson
STAFF PRESENT:
Todd Gerhardt, Roger Knutson, Justin Miller, Kate Aanenson, Todd
Hoffman, and Paul Oehme
PUBLIC PRESENT FOR ALL ITEMS:
Michael Nelson 15667 Village Woods Drive
Blake Freese 7060 Howard Lane
Steve St. Bonifacius 6655 HorseFoot Lane
Mark Undestad Planning Commission
John Backes 8951 Sylvan Ridge
Irene Alexiu 9730 Purgatory Road
Lynne Webster 9953 Balmoral Lane
Stacy Stiles 9920 Balmoral Lane
Aaron Burstein 9520 Leaftop Circle
Josh Trohy 17450 Georgemoran Drive
Brandon Heckmann 17737 Cascade Drive
Leslie Backes 8951 Sylvan Ridge
Sokhoeut Tong 11385 Westwind Drive
David Jansen Chanhassen Villager
Janet & Jerry Paulsen 7305 Laredo Drive
Debbie Lloyd 7302 Laredo Drive
Jon Pidde 14015 Chestnut Drive, Eden Prairie
APPROVAL OF AGENDA:
Councilman Lundquist asked to add item number 4, Resolution
for action in the Chanhassen Skate Park.
PUBLIC ANNOUNCEMENTS:
Mayor Furlong recognized the Chanhassen American Legion
Post 580 for hosting the Third District Annual Convention and invited the public to the
th
American Legion Parade which will be held on Saturday, May 15. George Beniek from the
American Legion also invited the public to join in the festivities on Sunday, the parade and a
memorial service.
CONSENT AGENDA: Councilman Lundquist moved, Councilman Labatt seconded to
approve the following consent agenda items pursuant to the City Manager’s
recommendations:
City Council Summary – May 9, 2005
a. Approval of Minutes:
-Board of Review & Equalization Minutes dated April 25, 2005
-City Council Work Session Minutes dated April 25, 2005
-City Council Verbatim & Summary Minutes dated April 25, 2005
Receive Commission Minutes:
-Planning Commission Verbatim & Summary Minutes dated April 19, 2005
Resolution#2005-45:
f. Preliminary & Final Plat Approval to Subdivide 5.2 Acres into 2
nd
Lots; Seven Forty-One Crossing 2 Addition, Located South of Highway 7 and West of
Highway 41, Thomas Hodorff.
g. Amendment to City Code Chapters 1, 10, 13, 18 & 19 Correcting State Citation
References.
Resolution#2005-46:
h. Approval of Proclamation Recognizing the Chanhassen American
th
Legion and Proclaiming May 15 as Chanhassen American Legion Post 580 Day.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
CRESTVIEW FINAL PLAT AND APPROVAL OF CONSTRUCTION PLANS AND
SPECIFICATIONS AND DEVELOPMENT CONTRACT, PROJECT 05-11.
Tim Larkin asked that this item be pulled from the consent agenda to read a letter into the record
concerning inclusion of a pedestrian walkway to the junior high school which will create
additional traffic on their cul-de-sac with parents dropping kids off and picking them up at that
trail access. Councilwoman Tjornhom asked if the trail could be monitored for excessive traffic
or dangerous conditions. Todd Gerhardt stated that it’s not the city’s practice to close off an
access after it’s put in so he would not recommend that be a part of the motion.
Councilman Lundquist moved, Councilman Peterson seconded that the City Council
approve the final plat, construction plans and specifications and development contract,
Project 05-11 as presented. All voted in favor, except Councilman Labatt who opposed and
the motion carried with a vote of 4 to 1.
VISITOR PRESENTATIONS:
Jim Broughton, 6927 Highover Court North asked to express
concerns over the Lake Harrison development. Mayor Furlong stated he would open up the floor
for comments when the item is discussed later in the agenda.
PUBLIC HEARING ON REQUEST FOR AN ON-SALE BEER AND WINE LICENSE,
CJ’S COFFEE AND WINE BAR AT 600 MARKET STREET, GEORGE WALTER, LLC.
Justin Miller presented the staff presentation on this item noting that law enforcement completed
background investigations on all the principles involved in this organization and no negative
comments were found. Mayor Furlong opened the public hearing. No one spoke and the public
hearing was closed.
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City Council Summary – May 9, 2005
Councilman Peterson moved, Councilman Lundquist seconded that the City Council
approve the on-sale beer and wine license for CJ’s Wine & Coffee Bar at 600 Market
Street, Suite 160 contingent upon receipt of the license fee and the liquor license insurance.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
REQUEST FOR REZONING FROM RURAL RESIDENTIAL, RR TO SINGLE
FAMILY RESIDENTIAL, RSF; REQUEST TO SUBDIVIDE 62 ACRES INTO 40 LOTS,
3 OUTLOTS AND PUBLIC RIGHT-OF-WAY WITH VARIRANCES; AND A
WETLAND ALTERATION PERMIT FOR THE GRADING AND FILLING OF
WETLANDS ON SITE; LOCATED AT 6950 GALPIN BOULEVARD, LAKE
HARRISON, THE PEMTOM LAND COMPANY, PLANNING CASE 05-14.
Public Present:
Name Address
Justin Larson Westwood Professional Services
Matt Hermann 3920 Stratford Ridge
Dan Herbst 7640 Crimson Bay
Daren Laberee Westwood Professional Services
Dan Cook Pemtom Land Company
Patti Jo Hermann Edina Realty
Larry Marty 2117 Lake Lucy Road
Julie Fuecker 6751 Manchester Drive
Chris Cowan 2412 Highover Trail
Mike & Candice McGraw 2446 Highover Trail
Ann & Al Taylor 2340 Lake Lucy Road
Stephen Kerkvliet 2201 Lake Lucy Road
Gina Sauer 2244 Lake Lucy Road
David Senner 6829 Briarwood Court
Ray Alstadt 2423 Highover Trail
Jacqie Daugherty 2423 Highover Trail
Cheri & Jim Broughton 6927 Highover Court North
Kate Aanenson presented the staff report and Planning Commission update on this item. The
applicant, Dan Herbst with Pemtom Land Company introduced his team of experts in the
audience, Justin Larson and Daren Laberee with Westwood Professional Services, Dan Cook
with Pemtom, and Patti Jo & Matt Hermann with Edina Realty. Mr. Herbst explained what went
into planning this development and showed drawings of how the plan has evolved. Mayor
Furlong asked the applicant to address what changes have occurred since the Planning
Commission meeting. He then opened the floor for public comments. Jim Broughton, 6927
Highover Court North expressed concerns about the way this application was brought forward
with the number of variances being requested, the application was incomplete, and serious issues
with the environment. Gina Sauer, 2244 Lake Lucy Road stated it was her understanding that
part of the wetland alteration permit includes the filling in of 2 ponds to create 2 housing pad
sites. She would like to specifically understand how granting variances for the 2 ponds is going
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City Council Summary – May 9, 2005
to positively impact the environment. Al Taylor, 2340 Lake Lucy Road, which is directly across
the entrance into this development, expressed concerns with exiting onto Lake Lucy Road on a
curve, sight lines, and speed on Lake Lucy Road. Larry Marty, 2117 Lake Lucy Road still had
concerns with the bluff setback and the private drive accessing Lots 11 and 12, delineation of the
wetlands, protection of wildlife and enforcement of speed on Lake Lucy Road. Ray Alstadt,
2423 Highover Trail asked for clarification of the variances being requested for the retaining
wall. Kate Aanenson clarified that the plans have changed and staff is asking to see custom
grading plans for Lots 11 and 12. Mr. Alstadt also asked for clarification on the location and
width of the private street. Mike McGraw, 2446 Highover Trail expressed concern with the clear
cutting of trees along the power line easement and outlined the pluses and minuses associated
with that. In summary he asked to preserve the existing natural beauty of Chanhassen and move
the entrance access to Lots 10 and 11 farther east of the power line than it’s present intended
location. Jacqie Dougherty, 2423 Highover Trail reiterated her concern with the natural
resources and wildlife on this property. Janet Paulsen, 7305 Laredo Drive stated that according
to Chapter 20-615 the front lot line is measured from the public street and asked staff to address
the 30 foot front yard setback. Daren Laberee with Westwood Professional Services addressed
Mrs. Paulsen’s concerns. After council discussion the following motions were made.
Councilman Peterson moved, Councilman Lundquist seconded to move approval of the
Rezoning of the property from RR, Rural Residential, to RSF, Single Family Residential
District based on the findings of fact attached to this report. 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
preliminary plat (Subdivision) to create 40 single-family lots, four outlots and public right-of-
way with approval of a variance for a private street and street grade, plans prepared by
Westwood Professional Services, Inc. dated 03/18/05, based on the findings of fact attached to
this report, subject to the following conditions:
1.The lot area for Lot 2, Block 1, shall be increased to a minimum of 15,000 square feet.
2.The lot frontage for Lot 3, Block 1, must meet the 90 feet standard at the building setback line.
3.Lots 10, 11 and 12, Block 3, must be reconfigured to meet the minimum standards.
4.The lot frontage for Lot 14, Block 3, must meet the 125 minimum lot width if it is a lake shore
lot.
5.Lot 12, Block 3, contains a swimming pool and shall not be platted as a separate lot until the
pool is removed or the platting of the lot is concurrent with an application for a building permit
for a principal dwelling on the lot.
6.Prior to final plat approval, the developer shall verify that acceptable building pads can be
accommodated on all lots that have lake setbacks.
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City Council Summary – May 9, 2005
7.If Lot 1, Block 4is not dedicated for park purposes, then the development shall pay full park
fees in force at the time of final plat approval.
8.Building Official 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.The developer must submit a list of proposed street names for review and approval prior
to final plat of the property.
d.Retaining walls more than four feet high must be designed by a professional engineer and
a building permit must be obtained prior to construction.
e.Separate sewer and water services must be provided each lot.
f.Existing wells and on-site sewage treatment systems on the site but be abandoned in
accordance with State Law and City Code and the existing home must be connected to
city sewer service when available.
g.The swimming pool adjacent to the existing residence must be protected by a fence in
accordance with City Code.
h.The developer must coordinate the address change of the existing home with the
construction of the development and provide access for emergency vehicles at all times.
9.A wetland delineation report illustrating wetland type, boundary and vegetation shall be
submitted prior to final plat approval.
10.The applicant shall submit a Wetland Conservation Act (WCA) application illustrating two
alternatives that demonstrate proposed plans were sequenced in the following order of
decreasing preference: 1) Avoidance of wetland impact, 2) Minimization of wetland impacts,
3) Rectification of wetland impacts and 4) Mitigation of wetland impacts. The applicant
shall not impact basins A, G and F until it is demonstrated that these impacts have met the
above sequencing requirements. Wetland replacement shall occur in a manner consistent with
the Minnesota Wetland Conservation Act (MR 8420). The plans shall show fixed photo
monitoring points for the replacement wetlands. A five-year wetland replacement monitoring
plan shall be submitted yearly beginning one growing season after the wetland is created.
The applicant shall provide proof of recording a Declaration of Restrictions and Covenants
for Replacement Wetland. The applicant shall secure City approval of a wetland replacement
plan prior to any wetland impacts occurring.
11.All impacts, including the filling of wetlands and conversion of wetlands into storm water
pond, shall be mitigated with the proposed project. The applicant shall demonstrate and
document how replacement will be satisfied to ensure the 2:1 replacement ratio for all
impacted wetlands.
12.A wetland buffer with a minimum width of 20 feet shall be maintained around Wetlands A,
B, C, E, F, G and H. A wetland buffer with a minimum width of 16.5 feet shall be
maintained around Wetland D and any wetland mitigation areas. Wetland buffer areas shall
be preserved, surveyed and staked in accordance with the City’s wetland ordinance. The
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City Council Summary – May 9, 2005
applicant shall install wetland buffer edge signs, under the direction of City staff before
construction begins and shall pay the City $20 per sign.
13.Building setbacks of 40 feet from the wetland buffer strips shall be maintained for all
proposed building pads. Lot 3, Block 3 and Lot 11, Block 3 shall be revised to meet building
setback requirements.
14.Lots 11-15 Block 3 and Lot 10 Block 2 shall be revised to incorporate all of wetland B into
Outlot C.
15.The OHW determination shall be completed prior to final plat approval. All plans shall
illustrate Lake Harrison’s OHW and a 150 foot structure setback from the OHW.
16.All non-riparian lots within the shoreland management zone shall be no less than 90 feet
wide with 15,000 square feet of lot area. All riparian lots within the shoreland management
zone shall be no less than 125 feet wide with 40,000 square feet of lot area.
17.The bluff area on the property shall be preserved. All structures must maintain a 30 foot
setback from the bluff and no grading may occur within the bluff impact zone (i.e., the bluff
and land located within 20 feet from the top of the bluff).
18.The proposed development shall maintain existing runoff rates. Storm water calculations
shall be submitted to ensure the proposed storm water ponding is sized adequately for the
proposed development.
19.Drainage and utility easements shall be provided over all existing wetlands, wetland
mitigation areas, buffer areas used as PVC and storm water ponds.
20.MN DOT category 3 erosion blanket and seed shall be applied to exposed creek slopes
near/around road crossing within 24 hours of temporary/final grade. Riprap, appropriately
sized, shall be installed at flared end outlets for energy dissipation with underlying gravel
base or geotextile fabric. All emergency over flow structures shall be stabilized with riprap
and geotextile or permanent turf re-enforcement blankets. Erosion and sediment controls
shall be installed for the planned sanitary sewer crossing for Wetland A area. Silt fence,
mulch and wetland seed shall be used for restoration. All 3:1 slopes shall be covered with
category 3 erosion blanket. An outlet meeting NPDES water quality discharge requirements
is needed on Pond 1.
21.Following storm water inlet installation Wimco-type (or equal) inlet sediment controls shall
be installed and regularly maintained. A detail for the inlet sediment controls shall be
provided.
22.Following street and utility installation, Chanhassen-specification Type-1 silt fence or other
approved perimeter sediment control shall be installed for all positive slopes curbside.
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City Council Summary – May 9, 2005
23.Geotextile fabric shall be installed under the rock to promote effectiveness and lifespan of the
rock construction entrance.
24.Chanhassen type 2 heavy duty silt fence with straw/hay bale re-enforcement shall be
provided for all silt fences adjacent to wetland and creek areas. Chanhassen type 1 silt fence
shall be installed at the OHW elevation of storm water basins following permanent outlet
installation.
25.The “Inlet Sediment Filter” detail shall be altered to show a rock berm (1 ½ -inch rock, 2 feet
wide and 1 foot high along the outside of the silt fence. Only metal t-posts shall be used, not
wood stakes.
26.Silt fence shall be installed between wetland impact areas and the remaining wetland.
27.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.
28.Street cleaning of soil tracked onto public streets shall include daily street scraping and street
sweeping as needed.
29.All development phases shall be represented in the SWPPP (clear and grubbing, mass
grading, large utilities, small utilities, home building, along with any special requirement
such as wetland or creek crossing areas).
30.Construction phasing of the road shall be provided for the wetland/creek crossing. Due to
potential concentrated flows, a creek crossing plan shall be developed and outlined in the
SWPPP. A detail shall also be provided. Stabilization of the crossing area shall be provided
within 24 hours following temporary or final grade. The silt fence shall be wrapped up and
around the culvert leaving the wetted perimeter free of silt fence. Soil shall be prevented
from entering the waters of the state.
31.At this time, the estimated total SWMP fee, due payable to the City at the time of final plat
recording, is $135,285.38.
32.The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g.,
Riley-Purgatory-Bluff Creek Watershed District, Department of Health, Minnesota Pollution
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City Council Summary – May 9, 2005
Control Agency (NPDES Phase II Construction Permit), Minnesota Department of Natural
Resources (for dewatering), Carver County, Met Council) and comply with their conditions of
approval.
33.Tree preservation fence shall be installed at the edge of the grading limits prior to any
construction. Fencing shall be in place and maintained until all construction is completed. In
no areas shall the fencing be placed within the bluff impact zone.
34.Any trees removed in excess of proposed tree preservation plans, dated 3/18/05, will be
replaced at a ratio of 2:1 diameter inches.
35.A total of 319 trees are to be planted. The number of overstory, deciduous trees, as shown on
landscape plans dated 3/18/05, required in the front yard of each lot are as follows:
Lot, Block Number of trees required
Lot 1, blk 1 5
Lot 2, blk 1 2
Lot 3, blk 1 1
Lot 4, blk 1 1
Lot 5, blk 1 1
Lot 6, blk 1 2
Lot 7, blk 1 2
Lot 8, blk 1 2
Lot 9, blk 1 1
Lot 10, blk 1 2
Lot 11, blk1 None – existing front yard trees to be
preserved
Lot 12, blk 1 None – existing front yard trees to be
preserved
Lot 1, blk 2 4
Lot 2, blk 2 3
Lot 3, blk 2 2
Lot 4, blk 2 2
Lot 5, blk 2 3
Lot 6, blk 2 1
Lot 7, blk 2 3
Lot 8, blk 2 2
Lot 9, blk 2 2
Lot 10, blk 2 7
Lot 1, blk 3 5
Lot 2, blk 3 2
Lot 3, blk 3 2
Lot 4, blk 3 3
Lot 5, blk 3 1
Lot 6, blk 3 1
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City Council Summary – May 9, 2005
Lot, Block Number of trees required
Lot 7, blk 3 1
Lot 8, blk 3 2
Lot 9, blk 3 2
Lot 10, blk 3 3
Lot 11, blk 3 2
Lot 12, blk 3 3
Lot 13, blk 3 3
Lot 14, blk 3 3
Lot 15, blk 3 2
Lot 16, blk 3 1
Lot 17, blk 3 None – existing front yard trees to be
preserved
36.The developer shall be responsible for planting any trees in side or rear yards as shown on
the landscape plan dated 3/18/05.
37.Any private street is required to have 20-foot wide paved streets from back-of-curb to back-of-
curb, be built to a 7-ton design, have a maximum slope of 10%, and contained within a 30-foot
wide private easement. At the completion of the project, the developer will be required to
submit inspection/soil reports certifying that the private street was built to a 7-ton design.
38.If importing or exporting material for development of the site is necessary, the applicant will be
required to supply the City with detailed haul routes and traffic control plans. The applicant
should be aware that any off-site grading will require an easement from the appropriate property
owner.
39.All of the ponds are required to be designed to National Urban Runoff Program (NURP)
standards with maximum 3:1 slopes and a 10:1 bench at the NWL.
40.Any retaining wall over 4 feet in height must be designed by a Structural Engineer registered in
the State of Minnesota with an approved fence. Also, it will require a building permit from the
Building Department.
41.Prior to final platting, storm sewer design data will need to be submitted for staff review.
Depending on the size of the drainage area, additional catch basins may be required at that time.
The storm sewer will have to be designed for a 10-year, 24-hour storm event. Drainage and
utility easements will need to be dedicated on the final plat over the public storm drainage
system including ponds, drainage swales, emergency overflows, access routes for maintenance,
and wetlands up to the 100-year flood level. The minimum easement width shall be 20 feet
wide. Emergency overflows from all stormwater ponds will also be required on the
construction plans.
42.Erosion control measures and site restoration must be developed in accordance with the City’s
Best Management Practice Handbook (BMPH). Staff recommends that the City’s Type II
erosion control fence, which is a heavy-duty silt fence, be used for the area adjacent to the
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City Council Summary – May 9, 2005
existing wetlands. Type I silt fence shall be used in all other areas. In addition, tree
preservation fencing must be installed at the limits of tree removal. Erosion control blankets are
recommended for all of the steep 3:1 slopes with an elevation change of eight feet or more. All
disturbed areas, as a result of construction, must be seeded and mulched or sodded immediately
after grading to minimize erosion.
43.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.
44.The sanitary sewer and water hookup charges will be applicable for each of the new lots. The
2005 trunk hookup charge is $1,458 for sanitary sewer and $2,955 for watermain. Sanitary
sewer and watermain 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 and are due at the time of building permit issuance.
45.The applicant shall include a drain tile system behind the curbs to convey sump pump discharge
from homes not adjacent to ponds.
46.All plans must be signed by a registered engineer in the State of Minnesota.
47.Maximum 3:1 side slopes are allowed without the use of a retaining wall.
48.On the preliminary plat sheet show the street right-of-way for the cul-de-sacs.
49.Minimum 20-foot wide public drainage and utility easements will be required over the sanitary
sewer and watermain that is outside of the right-of-way.
50.On the grading plan:
a.Show the benchmark.
b.Add a note to remove all existing approaches.
c.Show the retaining walls top and bottom elevations.
d.Revise the street grades to comply with the 7% maximum requirement.
e.Eliminate Pond 1 and bring the drainage to Pond 2.
f.The proposed grading for Lots 4-6, Block 3 needs to be revised to prevent the garage
elevation of Lot 4 from being lower than the street.
g.The garage elevations of Lots 5 and 6 need to be at least 1.5 feet higher than the emergency
overflow for the street.
h.Install a culvert under the proposed street connection at Galpin Boulevard.
i. Show the 1036 contour around the housepad of Lot 2, Block 1.
j.Show the proposed storm sewer on the plan.
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City Council Summary – May 9, 2005
51.Label the existing and proposed street names on all plan sheets.
52.On the utility plan:
a.Revise the note to say "All storm pipe shall be Class 5…".
b.Show all existing utilities, pipe type and manhole rim/inverts within Lake Lucy Road,
Galpin Boulevard, Highover Trail and Manchester Drive.
c.Revise the location of the downstream sanitary sewer from MH-15 so it goes between Lots
4 and 5 versus Lots 5 and 6, Block 1.
d.Show all utility and storm ponds easements.
e.Sanitary service must be 6-inch PVC and water service 1-inch copper type K.
f.The watermain must be looped through to Manchester Drive versus Galpin Boulevard.
53.Staff is recommending that a raw water transmission main be extended through the site for
future connection to the City’s second water treatment plant. The construction cost for the raw
watermain will be paid by the City from the water portion of the Utility Fund. The developer
will be required to provide public drainage and utility easements over the transmission main and
to install the pipe as a part of the utility construction.
54.Since the applicant is now proposing more units (39) than what the property has been assessed
for, the additional 38 units (39-1=38) will be charged a sanitary sewer and watermain lateral
connection charge. These charges are due at the time of final plat recording.
55.As with past developments that access off of Galpin Boulevard, a right-turn lane into the site
will be required to be constructed. The turn lane must meet Carver County design requirements.
56.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 hydrants
can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City
Ordinance #9-1.
57.Two additional fire hydrants are required.
58.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.
59.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.
60.No burning permits will be issued for trees to be removed. Trees and shrubs must either be
removed from site or chipped.
61.Submit street names to Chanhassen Building Official and Chanhassen Fire Marshal for review
and approval.
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City Council Summary – May 9, 2005
62.Create a Lot 1,Block 4 on the eastern portion of Outlot A, east of wetland E.
63.The private street for Lots 11 and 12, Block 1 shall be modified as shown on revised plans
dated 5/9/05.
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
front yard variance for Block 2 and denies the bluff setback variances based on the findings of
fact attached to this report. 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
wetland alteration permit to fill and alter wetlands on site subject to the following conditions:
1.The wetland alteration permit is contingent on final plat approval for Lake Harrison.
2.A wetland delineation report illustrating wetland type, boundary and vegetation shall be
submitted prior to final plat approval.
3.The applicant shall submit a Wetland Conservation Act (WCA) application illustrating two
alternatives that demonstrate proposed plans were sequenced in the following order of
decreasing preference: 1) Avoidance of wetland impact, 2) Minimization of wetland impacts,
3) Rectification of wetland impacts and 4) Mitigation of wetland impacts. The applicant
shall not impact basins A, G and F until it is demonstrated that these impacts have met the
above sequencing requirements. Wetland replacement shall occur in a manner consistent with
the Minnesota Wetland Conservation Act (MR 8420). The plans shall show fixed photo
monitoring points for the replacement wetlands. A five-year wetland replacement monitoring
plan shall be submitted yearly beginning one growing season after the wetland is created.
The applicant shall provide proof of recording a Declaration of Restrictions and Covenants
for Replacement Wetland. The applicant shall secure City approval of a wetland replacement
plan prior to any wetland impacts occurring.
4.All impacts, including the filling of wetlands and conversion of wetlands into storm water
pond, shall be mitigated with the proposed project. The applicant shall demonstrate and
document how replacement will be satisfied to ensure the 2:1 replacement ratio for all
impacted wetlands.
5.A wetland buffer with a minimum width of 20 feet shall be maintained around Wetlands A,
B, C, E, F, G and H. A wetland buffer with a minimum width of 16.5 feet shall be
maintained around Wetland D and any wetland mitigation areas. Wetland buffer areas shall
be preserved, surveyed and staked in accordance with the City’s wetland ordinance. The
applicant shall install wetland buffer edge signs, under the direction of City staff before
construction begins and shall pay the City $20 per sign.
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City Council Summary – May 9, 2005
6.Building setbacks of 40 feet from the wetland buffer strips shall be maintained for all
proposed building pads. Lot 3, Block 3 and Lot 11, Block 3 shall be revised to meet building
setback requirements.
7.Lots 11-15 Block 3 and Lot 10 Block 2 shall be revised to incorporate all of wetland B into
Outlot C.
8.Drainage and utility easements shall be provided over all existing wetlands, wetland
mitigation areas, buffer areas used as PVC and storm water ponds.
9.Erosion and sediment controls shall be installed for the planned sanitary sewer crossing for
Wetland A area. Silt fence, mulch and wetland seed shall be used for restoration. All 3:1
slopes shall be covered with category 3 erosion blanket.
10.Chanhassen type 2 heavy duty silt fence with straw/hay bale re-enforcement shall be
provided for all silt fences adjacent to wetland and creek areas. Chanhassen type 1 silt fence
shall be installed at the OHW elevation of storm water basins following permanent outlet
installation.
11.Silt fence shall be installed between wetland impact areas and the remaining wetland.
12.Construction phasing of the road shall be provided for the wetland/creek crossing. Due to
potential concentrated flows, a creek crossing plan shall be developed and outlined in the
SWPPP. A detail shall also be provided. Stabilization of the crossing area shall be provided
within 24 hours following temporary or final grade. The silt fence shall be wrapped up and
around the culvert leaving the wetted perimeter free of silt fence. Soil shall be prevented
from entering the waters of the state.
13.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.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
RESOLUTION REGARDING THE CHANHASSEN SKATE PARK.
Councilman Lundquist presented a resolution requiring action at the Chanhassen Skate Park
addressing issues of the use of foul language, excessive litter and graffiti. Todd Gerhardt
suggested the city, along with the Park and Recreation Commission establish a policy and set of
rules for the skate park. Todd Hoffman explained what action the city was taking to address the
issue of graffiti that occurred at the skate park.
Resolution#2005-47:Councilman Lundquist moved, Councilman Labatt seconded to approve
the Resolution Requiring Action on the Chanhassen Skate Park as proposed. All voted in
favor and the motion carried unanimously with a vote of 5 to 0.
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City Council Summary – May 9, 2005
COUNCIL PRESENTATIONS.
Councilman Lundquist thanked the Park and Recreation staff
and the staff at the Rec Center for all their hard work with the Dance for Fun program and the recital
that was held this past weekend. Councilman Peterson mentioned that Southwest Transit received
a national award last week for environmental excellence from the Department of Transportation.
ADMINISTRATIVE PRESENTATIONS:
Todd Gerhardt informed the City Council of a
th
mediation session scheduled with Kraus-Anderson for Tuesday, May 17. He will keep the council
updated at the next City Council meeting. Councilman Peterson asked Mr. Gerhardt to explain the
effects of the church moving out permanently.
CORRESPONDENCE DISCUSSION.
None.
Councilman Lundquist moved, Councilwoman Tjornhom seconded to adjourn the meeting.
All voted in favor and the motion carried. The City Council meeting was adjourned at 9:40
p.m..
Submitted by Todd Gerhardt
City Manager
Prepared by Nann Opheim
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