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CC SUM 2018 10 22 CHANHASSEN CITY COUNCIL REGULAR MEETING SUMMARY MINUTES OCTOBER 22, 2018 Mayor Laufenburger called the meeting to order at 7:10 p.m. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Laufenburger, Councilwoman Tjornhom, Councilman McDonald, Councilwoman Ryan, and Councilman Campion STAFF PRESENT: Todd Gerhardt, Chelsea Petersen, Kate Aanenson, Paul Oehme, Greg Sticha, MacKenzie Walters, Vanessa Strong, and Roger Knutson PUBLIC PRESENT: David Lieser 3881 Stratford Ridge Carin Moore 3480 Lakeside Drive, Minnetrista Kristina VanHauer 3480 Lakeside Drive, Minnetrista Dick Brown 2630 Orchard Lane M. Halama 670 Creekwood Street Briana Birkholz 3851 Stratford Ridge Harold Taylor 3861 Stratford Ridge Jane Bender 4001 Stratford Ridge Mark Halla 6055 Highway 212, Chaska PUBLIC ANNOUNCEMENTS: INVITATION TO COMMUNITY CLEAN UP WATER QUALITY EVENT, SATURDAY, OCTOBER 27, 2018. Mayor Laufenburger invited all residents and service organizations to volunteer on Saturday, th October 27 for the Clean Up for Water Quality Event being sponsored by the Chanhassen Environmental Commission and the Riley-Purgatory-Bluff Creek Watershed District. CONSENT AGENDA: Councilman McDonald moved, Councilman Campion seconded to recommendations: 1. Approve City Council Minutes dated October 8, 2018 2. Receive Planning Commission Minutes dated October 2, 2018 3. Receive Park and Recreation Commission Minutes dated September 25, 2018 City Council Summary October 22, 2018 4. Approve Small Cell Facility Collection Agreement with Verizon Wireless 5. Item pulled for discussion. 6. Approve 2018 Service Agreement for Joint Assessment with Carver County Assessor 7. Resolution #2018-48: Approve Quote for Sanitary Sewer Televising (I/I) 8. Resolution #2018-49: Approve County State Aid Highway Designation for the Turnback of Highway 101 All voted in favor and the motion carried unanimously with a vote of 5 to 0. D(5). APPROVE MEMORANDUM OF UNDERSTANDING WITH CARVER COUNTY FOR CONSTRUCTION OF TH 5 REGIONAL RECREATIONAL TRAIL AND UNDERPASS. Councilwoman Ryan asked staff to elaborate on the scope and funding sources for this project. Councilwoman Ryan moved, Councilman McDonald seconded that the City Council approves the Memorandum of Understanding between County of Carver and City of Chanhassen for Construction of Trunk Highway 5 Regional Recreational Trail and Underpass. All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS. None. FIRE DEPARTMENT/LAW ENFORCEMENT UPDATE. Chief Don Johnson provided monthly updates on staffing, calls for service, training, and the arrival and display of Ladder Truck 1. Fire Marshall Don Nutter reviewed activities involved with Fire Prevention Week and the Annual Fire Department Open House. Lieutenant Kittelson presented updates on the monthly statistics for September including calls for service, training, staffing, and Halloween safety reminders. ORCHARD LANE AREA STREET AND UTILITY RECONSTRUCTION PROJECT: PUBLIC HEARING, ORDER PROJECT AND AUTHORIZE PREPARATION OF PLANS AND SPECIFICATIONS. Paul Oehme presented the staff report on this item. Nick Preisler with WSB and Associates was present to answer questions regarding the plans and specifications. Mayor Laufenburger opened the public hearing. Dick Brown, 2630 Orchard Lane asked about preservation of a 100 year old oak tree in front of his house and clarification of the assessment practice. Mayor Laufenburger 2 City Council Summary October 22, 2018 closed the public hearing. After questions and comments from council members the following motion was made. Resolution #2018-50: Councilman McDonald moved, Councilwoman Ryan seconded that the City Council orders the project and the preparation of plans and specifications for the 2018 Street Reconstruction Project No. 18-01. All voted in favor and the motion carried unanimously with a vote of 5 to 0. PUBLIC HEARING: CERTIFICATION OF DELINQUENT SEWER AND WATER ACCOUNTS TO THE COUNTY AUDITOR. Greg Sticha presented the staff report on this item. Mayor Laufenburger opened the public hearing. No one spoke and the public hearing was closed. Resolution #2018-51: Councilwoman Tjornhom moved, Councilman Campion seconded that the City Council adopts a resolution certifying delinquent utility accounts to the Carver County Auditor. All voted in favor and the motion carried unanimously with a vote of 5 to 0. GLENDALE DRIVE SUBDIVISION REQUEST: APPROVE PRELIMINARY PLAT FOR 5 LOTS AND A VARIANCE FOR A 50 FOOT WIDE PUBLIC STREET. Kate Aanenson presented the staff report and Planning Commission update on this item. Paul Oehme addressed issues regarding street right-of-way. Vanessa Strong discussed stormwater management issues. The applicants Curt Fretham and Perry Ryan discussed issues involved with their proposal for a 5 lot subdivision. Mayor Laufenburger asked the property owners to the south to speak. Carin Moore, the personal representative of the Estate of James and Ruth Boylan, 6760 Minnewashta Parkway discussed different options for providing access to their property when it is subdivided in the future. Jeff Kersten, 6810 Minnewashta Parkway discussed issues associated with access to his property in the future. David Lieser, 3881 Stratford Ridge voiced the Stratford Ridge neighborhoods opposition to extending the cul-de-sac to the north. After comments and discussion by council members the following motion was made. Councilman McDonald moved, Councilwoman Ryan seconded that the City Council approves the preliminary plat to subdivide 2.14 acres into five (5) lots and one outlot as shown in plans stamped Received August 29, 2018, subject to the following conditions and adoption of the Findings of Fact through item (g) and Decision: SUBDIVISION Engineering: 1. Deleted. 3 City Council Summary October 22, 2018 2. Deleted. 3. Provide ROW over the entirety of the trail along the west side of Minnewashta Parkway. 4. The survey of existing conditions does not indicate ROW between Glendale Drive and to the south for approximately 100 feet. 5. No stationing is shown in the plan set. 6. The drawing and utility easements are shown only on the plat. They should also be conveyed on the site plan. 7. Indicate surface water drainage flow arrows on the grading plan. 8. Provide existing and proposed elevations at the following locations: each lot corner, top of curb or centerline of the street at each lot line extension, center of proposed driveway at the curb or edge of the road. 9. Additional conditions will be identified after the developer has an opportunity to revise the design based upon the current conditions that are considered to be major in nature as they will require significant changes to the design. Water Resources: 1. Private stormwater best management practices (BMPs) are not permitted in public drainage and utility easements. An encroachment agreement will be required for the private swale within all side yard drainage and utility easements. 2. Easements for private stormwater treatment devices must be recorded against the City Engineer. 3. A Homeowners Association (HOA) encompassing all lots is required to ensure the technical expertise and a funding mechanism for the operation and maintenance of stormwater treatment devices is ensured in perpetuity. 4. Operation and maintenance of private stormwater BMPs is required in perpetuity. An operation and maintenance plan must be approved by the Water Resources Coordinator maintenance, and funding mechanism that ensures stormwater BMPs will function as 4 City Council Summary October 22, 2018 designed. 5. To ensure stormwater treatment devices function as designed, the developer is responsible for the operation, maintenance, and performance of all stormwater improvements including vegetation, structures, soils, inspections, and erosion/sediment control for the first five years after project completion. After the first five years, responsibility shall transfer to the HOA. The developer is responsible for ensuring all stormwater improvements are functioning as designed at the end of the first five years. If stormwater improvements are not functioning as designed at the end of the first five years, as determined by the City Engineer, than the developer shall remain responsible for all operation and maintenance until devices are functioning as designed. 6. Infiltration/filtration basins must be located a minimum of of any primary structure. 7. If an emergency overflow route is adjacent to the property the lowest building opening must be a minimum of one foot above the emergency overflow (City Code Sec. 19-144). All EOFs routing onto this Developer proposes a 8. EOF routes shall not create a hazard or nuisance condition onto adjacent property (City Code Sec. 7-78). 9. SWPPP contact must be identified. 10. Developer must provide an erosion and sediment control plan, and dewatering plan approved by the Water Resources Coordinator. 11. Maximum impervious per lot is 25%. 12. All pervious surfaces require six inches of topsoil and 18 inches of decompaction. Topsoil shall be tested and approved by the Water Resources Coordinator. 13. The developer shall provide an updated Hydrocad model and stormwater management plan that is consistent with and supports the engineered plans and geotechnical report. 14. The geotechnical report identifies the presence of groundwater at 972 elevation on Lot 5 (SB-1). There must be three feet of separation between the bottom elevation of stormwater infiltration devices and the water table. Based on the geotechnical report, the bottom elevation for an infiltration basin on Lot 5 can be no lower than elevation 975. water table. 5 City Council Summary October 22, 2018 15. The geotechnical report identifies moderately slow permeability of soils. Any infiltration swales must be 24-48 hours. 16. Soil borings and infiltration tests must be performed within the perimeter of all ponds and infiltration device locations prior to final approval. 17. Design plans must be provided for all vegetated BMPs including contours, grading, inlet and outlet structures, underdrains, filtration media/amended soils, location and quantities of all species used. Ecotype must be native or approved native hybrid. 18. Details must be provided and approved for all stormwater treatment devices. 19. The proposed redevelopment requires Minnehaha Creek Watershed District (MCWD) development review and permits. 20. from all other agencies with jurisdiction over the project (i.e. Army Corps of Engineers, DNR, MnDOT, Carver County, MCWD, Board of Water and Soil Resources, PCA, etc.) prior to the City issuing permits. 21. Project must meet all stormwater requirements of the city and the MCWD. 22. Project will require stormwater management fees associated with city development review and permitting process. Fees can be estimated but cannot be accurately calculated until approvals have been received from the MCWD. 23. The site plan must identify the ability to install a future stormwater pipe that could connect the development to a regional pond southeast of the development. 24.The development must use Chanhassen Standard Specifications and Detail Plates. Parks: 1. In lieu of parkland dedication and/or trail construction, full park dedication fees shall be collected at the rate in force at the time of final plat approval. Arate, these fees would total $29,000 (five lots x $5,800 per lot). 6 City Council Summary October 22, 2018 Environmental Resources Coordinator: 1. The minimum number of overstory trees required to be planted in the development is 41. 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 applicant shall install the required buffer yard plantings on Lot 5 along Minnewashta Parkway. All voted in favor, except for Councilwoman Tjornhom who opposed, and the motion carried with a vote of 4 to 1. The City Council took a short recess at this point in the meeting. CONSIDER MODIFYING STIPULATION AGREEMENT FOR THE MUSTARD SEED (HALLA NURSERY, INC.). MacKenzie Walters presented the staff report on this item. Council members asked for Mark Halla addressed items mentioned in the Stipulation Agreement. Maryanne Halama, 670 Creekwood spoke in support of this request as a neighbor and sister to Mark Halla. After discussion council directed staff to modify the Stipulation Agreement to reflect the ability for Mr. Halla to sell the products that support his current business but also give him the latitude to be creative and permit marketing activities that draw people to his business. COUNCIL PRESENTATIONS. None. ADMINISTRATIVE PRESENTATIONS. None. CORRESPONDENCE DISCUSSION. None. Councilman McDonald moved, Councilwoman Ryan seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The City Council meeting was adjourned at 10:50 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 7