SUM 2005 07 11
CHANHASSEN CITY COUNCIL
REGULAR MEETING
SUMMARY MINUTES
JULY 11, 2005
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, Councilwoman Tjornhom, Councilman
Peterson and Councilman Lundquist
COUNCIL MEMBERS ABSENT:
Councilman Labatt
STAFF PRESENT:
Todd Gerhardt, Roger Knutson, Justin Miller, Kate Aanenson and Paul
Oehme
PUBLIC PRESENT FOR ALL ITEMS:
Janet & Jerry Paulsen 7305 Laredo Drive
Jim & Cheri Broughton 6927 Highover Court North
Debbie Lloyd 7302 Laredo Drive
PUBLIC ANNOUNCEMENTS:
None.
CONSENT AGENDA: Councilman Lundquist moved, Councilwoman Tjornhom seconded
to approve the following consent agenda items pursuant to the City Manager’s
recommendations:
a. Approval of Minutes:
-City Council Work Session Minutes dated June 27, 2005
-City Council Summary and Verbatim Minutes dated June 27, 2005
Receive Commission Minutes:
-Planning Commission Summary and Verbatim Minutes dated June 21, 2005
nd
b. Approve Amendment to Highcrest Meadows 2 Addition Development Control;
Changing the Owner Name.
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
VISITOR PRESENTATIONS:
Debbie Lloyd, 7302 Laredo Drive explained why she felt the
Harrison Lake application is one of the poorest examples of the city process in place. She stated
she would like to see a check list developed so that every proposal coming in would have to meet
the requirements, which is suggested in planning manual for cities.
City Council Summary – July 11, 2005
LAKE HARRISON, 6950 GALPIN BOULEVARD: FINAL PLAT APPROVAL AND
APPROVAL OF DEVELOPMENT CONTRACT AND CONSTRUCTION PLANS &
SPECIFICATIONS.
Jim Broughton, 6927 Highover Court North showed examples of why he feels Lots 11 and 12
encroach into the bluff impact zone, issues with the power line easement with Xcel Energy, fire
code issues with the private street, and problems with the grading and drainage plan. Kate
Aanenson addressed the issues brought up by Mr. Broughton and Mrs. Lloyd. Condition 49 on
the final plat should be amended to reflect the revised plans dated 7/11/05. Mayor Furlong asked
for clarification on the issue of Xcel Energy, structure setbacks and time line. Roger Knutson
further clarified the approval process for subdivisions. Councilman Lundquist asked to change
condition 49 to read, private street and driveway. He also asked for clarification of the bluff
impact zone, that the house pads on Lots 11 and 12 meet city requirements without variances, the
turn around on Lot 11 meeting the Fire Marshal’s requirements, and the ordinary high water
mark. John Broughton stated he had talked with Ed O’Trap who is the right-of-way agent for
Xcel Energy and that he had not approved anything with regards to this application. Kate
Aanenson explained the approval processes with the different agencies involved in applications
like this. After council comments, the following motions were made.
Councilman Peterson moved, Councilman Lundquist seconded that the City Council
approves the Final Plat for Lake Harrison Addition creating 39 lots, 6 outlots and associated
right-of-way for public streets (plans prepared by Westwood Professional Services, Inc., dated
June 20, 2005) with a variance for a private street and street grade, subject to the following
conditions:
1.If Lot 12, Block 3 is further subdivided to create an additional lot, the swimming pool must be
removed, prior to the replatting.
2.E. Jerome and Linda Carlson will donate Outlots A, C and D to the City of Chanhassen. The
developer shall pay full park fees for 37 new residential lots. The total park and trail fees due
payable at the time of final plat recording are $148,000.00.
3.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 name and install a street sign for the private street.
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.
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City Council Summary – July 11, 2005
4.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.
5.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. 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. Wetland
replacement monitoring plans shall be submitted annually beginning one growing season after
the wetland is created until the wetland replacement is accepted in writing by the City. The
vegetation management plan shall be enhanced to provide a detailed outline for the treatment of
reed canary grass and purple loosestrife. The vegetation management plan and wetland
mitigation plan sheets shall specify that newly created wetland mitigation areas shall be seeded
in a swath that extends at least 1' above and 1' below the normal water level of the mitigation
areas.
6.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.
7.Building setbacks of 40 feet from the wetland buffer strips shall be maintained for all
proposed building pads. Lot 3, Block 3 shall be revised to meet building setback
requirements.
8.All plans shall illustrate Lake Harrison’s OHW and a 150-foot structure setback from the
OHW.
9.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).
10.Drainage and utility easements shall be provided over all existing wetlands, wetland
mitigation areas, buffer areas used as PVC and storm water ponds.
11.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
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City Council Summary – July 11, 2005
category 3 erosion blanket. An outlet meeting NPDES water quality discharge requirements
is needed on Pond 1.
12.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.
13.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.
14.Geotextile fabric shall be installed under the rock to promote effectiveness and lifespan of the
rock construction entrance.
15.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.
16.The “Inlet Sediment Filter” detail shall be altered to show a rock berm (1½ -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.
17.Silt fence shall be installed between wetland impact areas and the remaining wetland.
18.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.
19.Street cleaning of soil tracked onto public streets shall include daily street scraping and street
sweeping as needed.
20.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).
21.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
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City Council Summary – July 11, 2005
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.
22.At this time, the estimated total SWMP fee, due payable to the City at the time of final plat
recording, is $120,585.00.
23.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
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.
24.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.
25.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.
26.A total of 322 trees are to be planted. The number of overstory, deciduous trees, as shown on
landscape plans dated 6/20/05, 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
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City Council Summary – July 11, 2005
Lot, Block Number of trees required
Lot 9, blk 2 2
Lot 10, blk 2 7
Lot 1, blk 3 5
Lot 2, blk 3 3
Lot 3, blk 3 2
Lot 4, blk 3 2
Lot 5, blk 3 1
Lot 6, blk 3 1
Lot 7, blk 3 1
Lot 8, blk 3 2
Lot 9, blk 3 2
Lot 10, blk 3 2
Lot 11, blk 3 3
Lot 12, blk 3 6
Lot 13, blk 3 3
Lot 14, blk 3 2
Lot 15, blk 3 2
Lot 16, blk 3 None – existing front yard trees to be preserved
27.The developer shall be responsible for planting any trees in side or rear yards as shown on
the landscape plan dated 3/18/05.
28.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.
29.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.
30.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. Pond number 3 must be
adequately sized to accommodate the drainage from Lot 1, Block 4, and the proposed park area.
31.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.
32.Prior to final platting, storm sewer design data and full size mapwill 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
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City Council Summary – July 11, 2005
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.
33.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
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.
34.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.
35.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.
36.The applicant shall include a drain tile system behind the curbs to convey sump pump discharge
from homes not adjacent to ponds. Remove the proposed curb along the north side of the right
turn land on Galpin Boulevard.
37.Maximum 3:1 side slopes are allowed without the use of a retaining wall, revise the plan
.
accordingly
38.Minimum 40-foot wide public drainage and utility easements will be required between Lots 4
and 5, Block 1, and along the west side of Lots 10 and 11, Block 1.
39.On the grading plan:
a.Show 12 foot spacing between any two parallel retaining walls over 4-foot in height.
b.Add a note to remove all existing approaches.
c.Show the EOF for the easterly cul-de-sac and the garage elevations of allLots adjacent to it
need to be at least 1.5 feet higher than the emergency overflow for the street.
40.On the utility plan:
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City Council Summary – July 11, 2005
a.Relocate the proposed 12 inch pvc raw water main away from the retaining wall by at least
10 feet along the private street.
b.Show all existing utilities, pipe type and manhole rim/inverts within Lake Lucy Road,
Galpin Boulevard, Highover Trail and Manchester Drive.
c.Show the existing sanitary sewer in the center of the existing easement.
d.Add note: any connection to existing structure must be core drilled.
e.Water service must be1-inch copper type K.
f.The watermain must be looped through to Manchester Drive versus Galpin Boulevard.
41.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.
42.Since the applicant is now proposing more units (38) than what the property has been assessed
for, the additional 37 units (38-1=37) will be charged a sanitary sewer and watermain lateral
connection charge. These charges are due at the time of final plat recording.
43.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.
44.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.
45.Two additional fire hydrants are required.
46.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.
47.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.
48.No burning permits will be issued for trees to be removed. Trees and shrubs must either be
removed from site or chipped.
49.The private street and driveway shall be as shown on the Lot 11 & 12 detail plan dated
7/11/05.
50.On the storm sewer and street plans show all the roads turning radius.
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City Council Summary – July 11, 2005
51.Show the sanitary sewer minimum 20-foot easement on Lot 1, Block 2.
52.Show minimum 20-foot easement for the water-main of Lake Harrison Road looping to the
north with the existing Manchester Drive water-main.
53.Show the right existing sanitary easement on Lot 3, Block 3, and revise the standard easement
accordingly.
54.All outlot boundaries shall be revised to incorporate wetland buffers where applicable.
55.The applicant shall submit a letter of credit in the amount of $136,400 to guarantee the design goal for
the wetland replacement site, as approved in the replacement plan, is fully achieved. The letter of credit
shall be written to remain in effect for 5 years.”
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
Councilman Peterson moved, Councilman Lundquist seconded that the City Council
approve the construction plans and specifications for Lake Harrison dated June 20, 2005,
prepared by Westwood Professional Services, Inc. and the development contract dated July
11, 2005, 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 in the amount of $1,987,300.00 and pay an administration fee of
$318,846.00.
2. The applicant’s engineer shall work with city staff in revising the construction plans to
meet city standards.
3. Direct the city attorney to draft a purchase agreement for Lot 1, Block 4 ($740,000) and
Outlot B ($560,000) for the development of a future water treatment plant and park land.
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
CONSIDER A VARIANCE TO ALLOW A SUBSTANDARD DRIVEWAY TO SERVE
AS A PRIVATE STREET TO DRTBR MOTR THAN ONE LOT; LOCATED WEST OF
POWERS BOULEVARD, NORTH OF BRETTON WAY, AND EAST OF TETON LANE,
JERRY STORY, PLANNING CASE NO. 05-19.
Public Present:
Name Address
th
Jerry & Karon Story 12137-88 Place North
Naomi Carlson 5955 Carthcart Drive, Excelsior
Robert Rabe 6307 Teton Lane
Rob LaFleur 3700 Campbell Mithun Tower, Minneapolis
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City Council Summary – July 11, 2005
Cynthia Gallo 16799 Terrey Pine Drive, Eden Prairie
Kate Aanenson presented the staff report and Planning Commission update on this item.
Councilman Lundquist asked staff to explain why the city did not want to grant access from
Powers Boulevard to this site through the city owned parcel. The applicant, Jerry Story provided
background information on the property and asked the council for access to his property so he
can exercise his rights to subdivide the land.
Councilman Peterson moved, Councilwoman Tjornhom seconded that the City Council
denies Variance #05-19 for a 16 foot variance from the 30 foot wide easement requirement,
a 6 foot variance from the 20 foot pavement width requirement, and a variance to allow a
private street based on the findings of fact in the staff report. All voted in favor and the
motion carried unanimously with a vote of 4 to 0.
COUNCIL PRESENTATIONS:
None.
ADMINISTRATIVE PRESENTATIONS:
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Todd Gerhardt informed the City Council that CNN Money has selected Chanhassen as the 16
Best Place to Live in the United States and the number one place in Minnesota to live. Also that
the mill and overlay project on Lake Lucy Road will begin this week. Mayor Furlong asked for
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an update on the playground replacements and commented on the great 4 of July celebration
held by the city this past weekend.
CORRESPONDENCE DISCUSSION.
Councilman Peterson commented on the letter from Bill Jensen at Mediacom and his
disappointment in rate increases.
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 8:25
p.m..
Submitted by Todd Gerhardt
City Manager
Prepared by Nann Opheim
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