CC SUM 2017 08 28
CHANHASSEN CITY COUNCIL
REGULAR MEETING
SUMMARY MINUTES
AUGUST 28, 2017
Mayor Laufenburger called the meeting to order at 7:00 p.m. The meeting was opened
with the Pledge to the Flag.
COUNCIL MEMBERS PRESENT: Mayor Laufenburger, Councilman McDonald,
Councilwoman Ryan, and Councilman Campion
COUNCIL MEMBERS ABSENT: Councilwoman Tjornhom
STAFF PRESENT: Todd Gerhardt, Chelsea Petersen, Kate Aanenson, Paul Oehme, Greg
Sticha, and Roger Knutson
PUBLIC PRESENT:
Tom Bakritges, JMS Custom Homes 6035 Culligan Way, Minnetonka
Matt O’Keefe, BDH & Young Bongards
Deon Badhwa 2660 Orchard Lane
Roberta, Amy, Rachel Hoppe 7281 Conestoga Court
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Gary Reed 2461 No. 64 Street
Dan Rathman 2551 Orchard Lane
Ben Spenler 331 Linnen Circle
Alex Miller 8639 Flamingo Drive
Sam Haider 7572 Washta Curve
Emma Patka 444 Summerfield Drive
Connor Phillippe 18473 Aublie Court
McKenna Aker 2131 Brinker Street
Tyler McReavy 1350 Heather Court
Johnny Erdmann 1562 Bluebill Terrace
Tammy & Tanner Brady 8735 Flamingo Drive
PUBLIC ANNOUNCEMENTS: Mayor Laufenburger distributed Certificates of Appreciation
to the following 2017 Teen Volunteers: McKenna Aker, Zoe Erpelding, Sam Haider, Rachel
Hoppe, Jack Kelly, Holley Marini, Tyler McReavy, Ethan Messmer, Alex Miller, Emma Patka,
Connor Phillippe, Ben Spenler, Sarah Stolar, and Pedro Velazquez.
CONSENT AGENDA: Councilman McDonald moved, Councilman Campion seconded to
approve the following consent agenda items pursuant to the City Manager’s
recommendations:
City Council Summary – August 28, 2017
1. Approve City Council Minutes dated August 14, 2017.
2. Receive Planning Commission Minutes dated August 1, 2017.
3. Receive Park and Recreation Commission Minutes dated July 25, 2017.
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4. Right as Rain Massage, LLC, Emily Hagen, 470 West 78 Street, Suite 120: Approve
Massage Therapy Business License.
5. Lots 2919 and 2920, Carver Beach: Approve Vacant Land Purchase Agreement for Sale
to Robert & Karen Wright.
6. Item Pulled for Discussion.
7. Resolution #2017-58: City Hall Generator: Approve Resolution Awarding Bid for
Transfer Switch.
8. US Solar Subscription Agreement: Approve Amendment Assigning the Agreement from
US Solar to Minnesota Solar.
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9. 610 West 96 Street: Approve Settlement Agreement with Robert and Christin Boecker.
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
CONSENT AGENDA D(6): HIGHWAY 41 AND LYMAN BOULEVARD. Paul Oehme
presented the staff report on this item. Councilwoman Ryan requested that this item be pulled
from the consent agenda to clarify that it is for support of the grant applications and not the
project itself.
Councilman McDonald moved, Councilman Campion seconded that the City Council
Approve Resolution #2017-56: in Support of Carver County’s Application for Minnesota
Highway Freight Program Funding for Highway 41 and Lyman Boulevard; and Resolution
#2017-57: in Support of Carver County’s Application for Transportation Economic
Development (TED) Program Funding for Highway 41 at Lyman Boulevard. All voted in
favor and the motion carried unanimously with a vote of 4 to 0.
VISITOR PRESENTATIONS: TANNER BRADY – PRESENTATION OF EAGLE
SCOUT PROJECT: CHANHASSEN PIONEER CEMETERY MONUMENT GPS
LOCATION, PHOTOGRAPHY AND DOCUMENTATION USING
BILLIONGRAVES.COM.
Tanner Brady presented information for his Eagle Scout project that will use BillionGraves.com
to document Pioneer Cemetery. Mayor Laufenburger asked how he got interested in this
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City Council Summary – August 28, 2017
project, if funding was needed from the City, and how he will clean the tombstones before
suggesting he attend the Chanhassen Cemetery Walk.
FIRE DEPARTMENT/LAW ENFORCEMENT UPDATE. Lt. Eric Kittelson reviewed
monthly statistics for the month of July before providing a power point presentation on
Minnesota Licensed Peace Officers Hiring, Training and Licensure.
FAWN HILL:
A. PUBLIC HEARING: VACATION OF DRAINAGE AND UTILITY EASEMENTS.
B. APPROVE FINAL PLAT, DEVELOPMENT CONTRACT, AND PLANS AND
SPECIFICATIONS.
Paul Oehme presented the staff report on this item. Mayor Laufenburger opened the public
hearing for the vacation of the drainage and utility easements. No one spoke and the public
hearing was closed. After comments from the developer, Tom Bakritges with JMS Custom
Homes and Homestead Partners the following motions were made.
Resolution #2017-59: Councilwoman Ryan moved, Councilman Campion seconded that
the City Council adopts a resolution approving the vacation of all the public drainage and
utility easements on Outlot C and Outlot D, Vistas at Bentz Farms as dedicated on the
recorded plat thereof as described in Exhibit A. All voted in favor and the motion carried
unanimously with a vote of 4 to 0.
Councilwoman Ryan moved, Councilman Campion seconded that the City Council
approves the final plat for 10 lots, one outlot and public right-of-way with variances for a
double fronted lot for a single family detached subdivision and a roadway slope in excess of
7 percent subject to the following conditions of approval, the development contract for
Fawn Hill and plans and specifications for Fawn Hill:
Building:
1. Provide a 1:200 “clean” plat drawing.
2. Demolition permits required for the removal of any existing structures.
3. Buildings may be required to be designed by an architect and/or engineer as determined
by the Building Official.
4. A final grading plan and soils report must be submitted to the Inspections Division before
permits can be issued.
5. Retaining walls over four feet high require a permit and must be designed by a
professional engineer.
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City Council Summary – August 28, 2017
6. Each lot must be provided with separate sewer and water services.
7. The applicant and/or their agent shall meet with the Inspections Division as early as
possible to discuss plan review and permit procedures.
Engineering:
1. The developer will work with the city address capacity concerns relating to the modeling
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of the catchbasin as described in #J2 and J4 of the watershed district’s August 15
comments (attached).
2. To provide draintile service where runoff will flow from the back to the front of lots, the
plan shall be revised to include draintile between Lots 3 and 4 of Block 2, but inside one
of the lots, so it’s ownership is clearly defined.
3. Lot 4, Block 2 grading plans shall be revised to grade away from the building pads.
4. The proposed development will exceed one (1) acre of disturbance and will, therefore, be
subject to the General Permit Authorization to Discharge Stormwater Associated with
Construction Activity Under the National Pollution Discharge Elimination/State Disposal
System (NPDES Construction Permit).
5. The applicant shall submit the full SWPPP document to the City for review prior to
grading on the site.
6. The applicant shall meet the minimum requirements for stormwater set forth in City Code
Section 9-VII and requirements of the Riley-Purgatory-Bluff Creek watershed district.
7. The applicant obtain a permit from the Riley-Purgatory-Bluff Creek watershed district
prior to final plat recording.
8. The SWMP Fee is $58,915.20. The SWMP Credit given for meeting the 1.1” volume
abstraction is $29,457.60. The applicant must still verify that the 1.1” abstraction is met
for the site. The net SWMP Fee due at the time of final plat is $29,457.60.
9. Fawn Hill Road and Bentz Court shall be public streets, owned and maintained by the
City after acceptance of the public improvements by the City Council.
10. The street plan shall be revised to call out right-of-way widths.
11. A $300 fee/light shall be collected with the development contract for electricity costs for
the first year of operation.
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City Council Summary – August 28, 2017
12. All proposed driveways shall follow the city setback requirements of 10 feet from he
property line. The driveways for Lots 2 and 3, Block 1 shall be revised to meet the
setback.
13. ADA compliant pedestrian ramps shall be installed at the intersection of Bentz Court and
Fawn Hill Road. The pedestrian ramp at the entrance to Sugarbush Park adjacent to the
sidewalk connection to the existing trail shall be reconstructed with the connection to be
ADA compliant.
14. Sanitary sewer shall be owned and maintained by the City after acceptance of the public
improvements by the City Council.
15. The existing home on Lot 3, Block 2 shall be connected to the proposed sewer system
and the existing mound system shall be removed prior to the acceptance of the public
sanitary sewer.
16. Water main shall be owned and maintained by the City after acceptance of the public
improvements by the City Council.
17. The existing home on Lot 3, Block 2 shall be connected to the proposed water system
prior to the acceptance of the public water main.
18. Storm sewer installed with this subdivision shall be owned and maintained by the city
after acceptance of the public improvements by the City Council.
19. Revise castings in table to call out MH that will take in stormwater. MH6 shall have
beehive casting rather than curb grate 3067V.
20. The plan shall be revised to 4-foot minimum sump depth for MH3 and 6.
21. To avoid having storm sewer pipe in backyard easements staff recommends routing the
stormwater system down Bentz Court and up Fawn Hill Road rather than between Lots 1
and 2 of Block 2.
22. Water and sewer partial hook-ups are due at the time of final plat. For 10 units, the
sanitary partial fee of $6,910.00 and the water partial fee is $21,470.00. The remaining
hook-up fees will be due with the building permit at the rate in effect at that time.
23. City staff must approve Operations and Maintenance Agreement with the watershed
district prior to the applicant entering into the agreement listed as #J10 in the August 15,
2017 email from the District.
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City Council Summary – August 28, 2017
24. Any location where drainage and utility easements will contain storm pipe shall be
flagged in the field.
25. The applicant shall dedicate a drainage and utility easement across the EOF path on Lot
6, Block 2.
Fire:
1. The landscape plan, dated 7/14/17, Sheet L1, shall be modified as follows:
No more than 20 percent of trees shall be from one genus – reduce maple quantity to 16
trees or less.
Individual tree species shall be no more than eight trees.
Due to alkaline soils on site, the following trees are not recommended: red maple, river
birch.
A revised landscape plan shall be submitted prior to construction.
2. Tree preservation fencing shall be installed around existing trees to be saved prior to any
construction activities and remain installed until completion.
3. The following quantity of trees are required on each lot. Placement of trees are shown on
the landscape plan dated 7/14/17.
Block 1, Lot 1 six (6) trees
Lot 2 eight (8) trees
Lot 3 eight (8) trees
Lot 4 eleven (11) trees
Block 2, Lot 1 eleven (11) trees
Lot 2 seven (7) trees
Lot 3 eight (8) trees
Lot 4 twelve (12) trees
Lot 5 nineteen (19) trees
Lot 6 fifteen (15) trees
Parks:
1. Full park fees in lieu of additional parkland dedication and/or trail construction shall be
collected as a condition of approval for Fawn Hill.
Planning:
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City Council Summary – August 28, 2017
1. Outlot A, encompassing the large wetland area, shall be dedicated to the city.
2. The developer shall install signage at lot lines corner and at the change in angle along the
west portion of Lots 2, 3, and 4, Block 1 to demarcate the Bluff Creek Primary Zone.
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
ORCHARD LANE AREA STREET AND UTILITY RECONSTRUCTION – CITY
PROJECT 18-01: PUBLIC HEARING ON FEASIBILITY STUDY, AUTHORIZE
PREPARATION OF PLANS AND SPECIFICATIONS.
Paul Oehme presented the staff report on this item. Councilwoman Ryan asked for clarification
on the difference between a bioswale and a rain garden, the construction impact to neighbors in
this area, and the concerns voiced by residents at the neighborhood meetings. Mayor
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Laufenburger opened the public hearing. Gary Reed, 2461 West 64 Street asked for
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clarification on the scope of the project in the 64 Street area and noted drainage problems at the
intersection of Oriole Drive and Orchard Lane. Mayor Laufenburger closed the public hearing.
Resolution #2017-60: Councilman McDonald moved, Councilman Campion seconded that
the Chanhassen City Council orders the project and preparation of plans and
specifications for the 2018 Street Reconstruction Project No. 18-01 and adopts the attached
resolution. All voted in favor and the motion carried unanimously with a vote of 4 to 0.
BONGARD’S – 8330 COMMERCE BOULEVARD: APPROVE SITE PLAN FOR A
13,070 SQUARE FOOT TWO STORY ADDITION.
Kate Aanenson presented the staff report and Planning Commission update for this item. Matt
O’Keefe with BDH and Young Architecture discussed how the addition will compliment the
original building.
Councilwoman Ryan moved, Councilman McDonald seconded that the Chanhassen City
Council approves the site plan for a 13,070 square foot, two story building expansion, plans
prepared by Solution Blue, Inc., dated November 16, 2016, subject to the following
conditions and adoption of the Findings of Fact:
Building
1. Building(s) are required to have automatic fire extinguishing systems.
2. Building plans must be prepared and signed by design professionals licensed in the State of
Minnesota.
3. Retaining walls over four high must be designed by a professional engineer and a permit
must be obtained prior to construction.
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City Council Summary – August 28, 2017
4. Structure proximity to property lines will have an impact on the code requirements for the
proposed building, including but not limited to; allowable size, protected openings and fire-
resistive construction. These requirements will be addressed when complete building and site
plans are submitted.
5. Detailed occupancy related requirements will be addressed when complete building plans are
submitted.
6. The owner and or their representative shall meet with the Inspections Division as soon as
possible to discuss plan review and permit procedures.
Engineering
1. The applicant shall dedicate a drainage and utility easement over the existing stormwater
pipe on the northern portion of the property concurrent to recording the site plan agreement.
2. The locations of all easements of record shall be shown on the survey based on a recent title
search prior to recording the site plan agreement.
3. The applicant shall resubmit to-scale paper copies of the civil plans, including grading
prior to City Council approval.
4. The applicant shall label the first floor elevations of buildings on adjacent lots prior to
grading on site.
5. The applicant shall revise plans to add Emergency Over-Flow (EOF) locations and
elevations shall be labeled on the grading and utility plan sheets prior to grading on site.
6. The applicant’s erosion control plan shall be revised to meet the requirements of 19-145
of City Code, including showing stockpile locations prior to grading on site.
7. The applicant shall submit a maintenance and operations plan for their stormwater Best
Management Practices (BMPs) prior to recording the site plan agreement.
**This condition has been modified: The applicant shall submit a maintenance and
operations plan for their stormwater Best Management Practices (BMPs) prior to recording
the site plan agreement.
8. The applicant shall inspect their BMPs on an annual basis and submit inspection reports to
the City.
**This condition has been modified: The applicant shall submit annual inspection reports to
the City.
9. The applicant shall coordinate with the City for inspection of the connection to public storm
structures during construction.
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City Council Summary – August 28, 2017
10. The applicant shall plug the draintile connection from the grass paver lot to the stormwater
catchbasin till staff evaluates the function of the grass paver system and determine in-field
whether the draintile connection is required or if the system can function without it.
11. The applicant shall alter the dimensions of the grass paver lot to clear show it meets the
requirement for 9-foot by 18-foot parking stalls and a 26-foot wide aisle prior to installation
of the grass pavers.
Planning
1. The applicant shall revise the primary building material from EIFS to some other acceptable
material.
2. The applicant shall provide site furnishings to the site.
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
COUNCIL PRESENTATIONS. Councilman McDonald provided an update on the
Chanhassen Red Birds State Championship schedule.
ADMINISTRATIVE PRESENTATIONS. Todd Gerhardt provided an update on the
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construction work occurring at Audubon Road and West 78 Street by Met Council on their
interceptor line. Councilwoman Ryan asked for an update on the road closure on Lake Lucy
Lane.
Councilwoman Ryan moved, Councilman McDonald seconded to adjourn the meeting. All
voted in favor and the motion carried unanimously with a vote of 4 to 0. The City Council
meeting was adjourned at 8:35 p.m.
Submitted by Todd Gerhardt
City Manager
Prepared by Nann Opheim
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