SUM CC 2006 04 24
CHANHASSEN CITY COUNCIL
REGULAR MEETING
SUMMARY MINUTES
APRIL 24, 2006
Mayor Furlong called the meeting to order at 7:20 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, Justin Miller, Kate Aanenson, Greg Sticha, Paul Oehme,
Todd Hoffman, Jill Sinclair, and Roger Knutson
PUBLIC ANNOUNCEMENTS:
Mayor Furlong presented Certificates of Appreciation to
Marcus Zbinden and Kim Grant. Maple Leaf Awards were presented to Barbara “Bobbi”
Headla, Dale Geving and Uli Sacchet. For Arbor Day, May 6, 2006, Mayor Furlong invited the
residents of Chanhassen to the city’s celebration, read a proclamation declaring Saturday, May
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6 as Arbor Day and presented awards to the following Arbor Day Poster Contest winners. The
grand prize winner was Hannah Weiby. Runners-up were Jimmy Spinner, Luke Miller, Jordan
Golberg, Venessa Phommauong, Elly Drych and Jenna Mady.
Resolution #2006-30: Mayor Furlong moved, Councilwoman Tjornhom seconded to
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approve a Proclamation declaring Saturday, May 6 as Arbor Day in the city of
Chanhassen. All voted in favor and the motion carried unanimously with a vote of 4 to 0.
CONSENT AGENDA: Councilman Lundquist moved, Councilman Peterson 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 April 10, 2006
-City Council Verbatim & Summary Minutes dated April 10, 2006
Receive Commission Minutes:
-Planning Commission Verbatim & Summary Minutes dated April 4, 2006
b. Approve Temporary On-Sale Liquor License, St. Hubert Catholic Community, August 19
20, 2006
c. Approve Amendment to Development Contract for Liberty at Bluff Creek as amended.
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
City Council Summary – April 24, 2006
VISITOR PRESENTATIONS:
None.
LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE.
Sergeant Jim Olson presented
the Sheriff’s Office area report, area citation list, and Community Service Officer report for the
month of March. Councilman Lundquist asked Sergeant Olson to comment on the percentage of
time deputies are spending on traffic on neighborhoods roads versus the other major roadways.
Councilwoman Tjornhom asked if the traffic enforcement targeted on Powers Boulevard has
helped. Under miscellaneous items, Sergeant Olson reported on thefts from mailboxes and
vehicles around the city, dogs running loose in parks, restrictions against the use of air soft and
BB guns in the city, and the Highway 212/312 construction zone being posted no trespassing.
Assistant Chief Walsh gave the monthly update from the fire department. Mayor Furlong asked
Assistant Chief Walsh to explain how residents can apply if they’re interested in joining the fire
department.
AWARD OF BIDS: BANKING SERVICES CONTRACT.
Greg Sticha presented the staff
report on this item, recommending the City Council approve a 3 year contract with Americana
Community Bank.
Councilman Peterson moved, Councilman Lundquist seconded that the City Council
accept a contract with Americana Community Bank for a three year banking services
contract. All voted in favor and the motion carried unanimously with a vote of 4 to 0.
LIBERTY AT CREEKSIDE, 1500 PIONEER TRAIL, APPLICANT TOWN &
COUNTRY HOMES: REQUEST FOR REZONING OF PROPERTY FROM A2 TO
PUD-R; SUBDIVISION WITH VARIANCES OF APPROXIMATELY 36.01 ACRES
INTO 29 LOTS, 5 OUTLOTS, AND PUBLIC RIGHT-OF-WAY; SITE PLAN
APPROVAL FOR 146 TOWNHOUSES; AND A CONDITIONAL USE PERMIT FOR
ALTERATIONS WITHIN THE FLOOD PLAIN AND DEVELOPMENT WITHIN THE
BLUFF CREEK OVERLAY DISTRICT.
Public Present:
Name Address
Chris Moehrl Westwood Professional Services
Kevin Clark Town and Country Homes
Shawn Siders Town and Country Homes
Tom Whitlock Damon Farber Associates
Steve Thatcher Thatcher Engineering
Jeff Fox 5270 Howards Point Road
Rick Dorsey 1551 Lyman Boulevard
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Kate Aanenson presented the staff report noting that this item was table at the April 10 meeting
to look at park design, architecture and road access to the north. Commissioner Lundquist asked
for clarification on the wetland mitigation measures being discussed with MnDot. Shawn Siders
with Town and Country Homes explained the work they did over the last couple weeks
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City Council Summary – April 24, 2006
reviewing secondary access to the site, including a totlot, and architectural detailing for the
project. Councilman Peterson asked for clarification on the number of Concord and Premiere
units in the other Town and Country development. Councilwoman Tjornhom asked the applicant
to explain what architectural changes have occurred since the last meeting. Mayor Furlong
asked the applicant to show elevations and views from the different units on the site.
Councilwoman Tjornhom asked for clarification on the location of retaining walls and possible
impact on trees. Councilman Peterson asked the applicant to review the views of the buildings
from Highway 212 and other roads. Councilwoman Tjornhom asked staff to talk about the
access to the site and clarify what are the best options. Mayor Furlong invited the public to
speak. Steve Thatcher with Thatcher Engineering and Tom Whitlock with Damon Farber
Associates spoke on behalf of the Fox properties, specifically addressing the secondary access
road. Mr. Thatcher showed on the map where he would propose the secondary access road be
located connecting to Pioneer Trail. Staff and the council discussed at length the impacts of
locating a road to the south versus the north. Council discussed and commented on the access
issues, park and design issues. Kevin Clark, Vice President of Land Development for Town and
Country Homes asked the council to take into consideration the improvements they have made
above and beyond what was required. The City Attorney suggested if the council is going to
table the item, that the applicant sign a extension of time.
Councilwoman Tjornhom moved, Councilman Peterson seconded that the City Council
table action on Liberty at Creekside, Planning Case No. 05-24. All voted in favor and the
motion carried unanimously with a vote of 4 to 0.
PIONNER PASS, 1600 PIONEER TRAIL, APPLICANT SEVER PETERSON:
REQUEST FOR A COMPREHENSIVE PLAN LAND USE AMENDMENT FROM
RESIDENTIAL-MEDIUM DENSITY AND OFFICE/INDUSTRIAL TO RESIDENTIAL-
LOW DENSITY (APPROXIMATELY 43 ACRES); REZONING FROM
AGRICULTURAL ESTATE DISTRICT (A2) TO RESIDENTIAL LOW AND MEDIUM
DENSITY DISTRICT (RLM); PRELIMINARY PLAT OF PIONEER PLASS
CREATING 82 LOTS, 8 OUTLOTS AND RIGHT-OF-WAY FOR PUBLIC STREETS
(APPROIXMATELY 73 ACRES); CONDITIONAL USE PERMIT FOR
DEVELOPMENT WITHIN THE BLUFF CREEK OVERLAY DISTRICT WITH A
VARIANCE FOR ENCROACHMENT INTO THE PRIMARY ZONE; AND WETLAND
ALTERATION PERMIT FOR THE GRADING AND FILLING OF WETLANDS AT
FUTURE HIGHWAY 312.
Public Present:
Name Address
Joel Cooper JRH Inc.
John Chadwick J. Edwin Chadwick LLC
Paul Bilotta HMI Development
Kate Aanenson presented the staff report and Planning Commission update on this item.
Councilman Peterson asked for clarification on side yard setback requirements in the city
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City Council Summary – April 24, 2006
compared to this development. John Chadwick, 11430 Zion Circle, Bloomington, Minnesota,
speaking on behalf of the applicant, reviewed the features of the application. Commissioner
Lundquist asked staff to comment on landscaping or buffering requirements between residential
and commercial/industrial land to the south. Mayor Furlong expressed concerned with the side
yard setbacks and requested they be increased from 5 and 10 to 10 and 10. After council
comments and discussion the following motions were made.
Resolution #2006-31: Councilman Peterson moved, Councilman Lundquist seconded that the
City Council approve the comprehensive plan Land Use Amendment from Residential –
Medium Density and Office/Industrial to Residential - Low Density of the land within the Plat
of Pioneer Pass except for Outlots A, B, C, D and G contingent on Metropolitan Council
review. 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 Rezoning of the land within the Plat for Pioneer Pass except for Outlots A, B, C, D and G,
Pioneer Pass, from Agricultural Estate District, A2, to Residential Low and Medium Density
District, RLM. 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
Preliminary Plat for “Pioneer Pass” creating 81 lots, 9 outlots and right-of-way for public
streets, plans prepared by James R. Hill, Inc., dated 2/3/06, subject to the following
conditions:
1.The developer shall prepare a noise analysis for noise that will be generated by traffic on
Highway 312 and Pioneer Trail. The analysis shall identify appropriate noise mitigation
measures to meet noise standards for residential homes.
2.The developer shall pay $21,547.00 as their portion of the 2005 AUAR.
3.The applicant shall plant 369 trees within the development, 98 overstory and required buffer
yard plantings trees along Collector Road D and buffer yard plantings for lots along the
south property line.
4.Each lot shall have a minimum of two overstory deciduous trees planted in the front yard.
5.The applicant shall install the total required buffer yard along Collector Road D or show
proof of berm height of 3 feet or higher along the length of the street and adjust the
quantities of understory and shrubs accordingly.
6.The applicant shall development a restoration plan including native plants for the Bluff
Creek Overlay district north of Block 1. The plant species shall be selected from the Bluff
Creek Management Plan Appendix C. The final plan must be reviewed and approved by the
city before installation.
7.Signage for the Bluff Creek Overlay District must be posted on every other property corner
where residential yards meet the primary zone.
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City Council Summary – April 24, 2006
8.The 950 contour shall be extended over lots 5 and 6, block 3 to provide more coverage from
headlights for those homes.
9.Dedication of Outlots A and G shall be made to the city or a conservation easement shall be
established over said outlots.
10.The developer shall designate a 4.72 acre neighborhood park site, Outlot H. This
property shall be transferred to the city by warranty deed with 3.79 acres of the site being
dedicated/ donated by the applicant/owner and the remaining 0.93 acres being purchased
by the City of Chanhassen. The city shall compensate the owner/applicant $218,550 in
total compensation for said 0.93 acres.
11.The developer shall rough grade and cover seed the park site and construct a 20 stall parking
lot for an additional not to exceed payment of $50,000 from the city. The parking lot shall
include insurmountable curb. Construction plans for all improvements within the borders of
the park shall be submitted to the Park & Recreation Director for approval prior to initiating
construction of these improvements. All material and labor costs are reimbursable. Design,
engineering, and testing services associated with these improvements shall be provided by
the applicant.
12.The applicant shall submit a complete wetland replacement plan and must receive
approval of the replacement plan prior to alteration of wetlands. Wetland replacement
shall occur in a manner consistent with Chanhassen City Code and the Minnesota
Wetland Conservation Act (MR 8420).
13.Wetland mitigation shall not be proposed for the northeast corner of the site in order to
ensure adequate area for a road connection to the property to the east of the site.
14.A wetland buffer 16.5 to 20 feet in width (with a minimum average of 16.5 feet) shall be
maintained around all Ag/Urban wetlands. 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. All structures shall be set back 40 feet from the
edge of the wetland buffer. The wetland buffer setback shall be shown on the plans.
15.Any areas on the property that meet the City’s criteria for bluffs (i.e., slope greater than
or equal to 30% and a rise in slope of at least 25 feet above the toe) shall be preserved. In
addition, all structures shall 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 a bluff). The plans shall be revised to show any areas meeting the City’s
bluff criteria.
16.No alterations shall be permitted within the primary corridor or within the first 20 feet of
the setback from the primary corridor without a variance. All structures must meet the
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City Council Summary – April 24, 2006
40-foot setback from the primary corridor.
17.The applicant shall demonstrate that storm water management along the southwest
property line of Lots 25-31, Block 2 is adequate to prevent drainage issues for future
homeowners.
18.The outlet for Pond 2 shall be moved westward to increase the flow distance between the
inlet and outlet structures.
19.Drainage and utility easements with a minimum width of 20 feet shall be provided over
all existing wetlands, wetland mitigation areas, buffer areas used as public value credit
and storm water infrastructure.
20.Energy dissipation shall be provided at the flared-end section inlet to Pond 2 within 24
hours of installation. Additional blanket shall be provided for storm sewer installation
area for inlet infrastructure to Pond 2. The access area shall be protected with erosion
control blanket upon the establishment of final grade. Erosion control blanket shall be
used on the slopes within Lots 31-24, Block 2. Mulch shall be substituted for the blanket
proposed for the berm area of Block 3 along Street D.
21.Temporary sediment basins shall be provided in existing watersheds 1 and 3 during mass
grading activities. Where 10 acres or more of exposed area come to a discernable point
of discharge to a wetland or waterway, a temporary basin shall be provided. The
proposed storm water basins in proposed drainage areas 2, 6 and 7 shall be temporary
sediment basins until the contributing areas are stabilized. The temporary outlets could
be installed in place of the permanent outlets.
22.Perimeter control (silt fence) shall be installed prior to grading along the south side of the
Street D and CSAH 14 (Pioneer Trail) intersection. All silt fences near flared-end
sections shall be installed up and around flared-end sections so water is not discharged
against the silt fence, causing it to fail.
23.An outlet area shall be defined for the two areas labeled as temporary sedimentation
basins during the rough grading/subcut street phase of development. Any shredded wood
material from tree removal shall be saved for temporary mulch berms/vehicle exit pads as
needed. Typical silt fence shall be installed prior to initial rough grading activities along
the west side of Outlot H to the proposed “street by others.”
24.The total SWMP fee shall be paid to the City at the time of final plat recording. The
estimated total SWMP fee at this time is $165,600.
25.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
(National Pollutant Discharge Elimination System Construction Permit), Minnesota
Department of Natural Resources (dewatering permit), Army Corps of Engineers) and
comply with their conditions of approval.
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City Council Summary – April 24, 2006
26.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.
27.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.
28.Temporary street signs shall be installed on street intersections once construction of the new
roadways allows passage of vehicles. Pursuant to 2002 Minnesota Fire Code Section 501.4.
29.Fire apparatus access roads shall be designed and maintained to support the imposed load of
fire apparatus and shall be serviced so as to provide all-weather driving capabilities.
Pursuant to Minnesota Fire Code Section 503.2.3.
30.Submit proposed street names to Chanhassen Building Official and Chanhassen Fire
Marshal for review and approval.
31.Fire hydrant spacing is unacceptable. Locate fire hydrants at intersections and in cul-de-sacs
and at 300 foot spacing. Most spacing is in excess of 400 to 500 feet at this time. Submit
revised fire plans to Fire Marshal for review and approval.
32.Before site grading commences, the existing building and driveway access off Pioneer Trail
onto the property must be removed.
33.On the grading plan, add a note to remove any existing house and driveway access.
34.The developer’s engineer must work with Liberty on Bluff Creek’s engineer to ensure that
the proposed grading on each property matches at the property line.
35.Ground slopes shall not exceed 3:1.
36.A minimum 75-foot long rock construction entrance must be shown on the plans.
37.Retaining walls must be designed by a structural engineer registered in the State of
Minnesota and require a building permit if greater than 4 feet in height.
38.The developer shall work with MnDOT to move the access at Pioneer Trail so that it aligns
with the MnDOT’s street on the south side. The access to Pioneer Trail shall be constructed
in conjunction with the first phase of the development.
39.The property is also subject to sanitary sewer and water hook-up charges for all of the lots.
The 2006 trunk utility hook-up charges are $1,575 per unit for sanitary sewer and $4,078 per
unit for water. The 2006 SAC charge is $1,625 per unit.
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City Council Summary – April 24, 2006
40.The Arterial Collector Roadway Fee of $2,400/developable acre will need to be paid at the
time of final plat recording.
41.All of the ponds are required to be designed to National Urban Runoff Program (NURP)
standards with maximum 3:1 slopes and 10:1 benches at the NWL. Revise accordingly.
42.All of the proposed housepads must have a rear yard elevation of at least three feet above
the HWL of the adjacent ponds.
43.Storm sewer calculations and drainage map must be submitted with the final plat
application. The storm sewer must be designed to accommodate a 10-year, 24-hour storm
event.
44.The last public stormwater structure that is road-accessible prior to discharging to a water
body must have a 3-foot sump pump.
45.Future utility service and access to Outlot B needs to be determined prior to final plat.
46.The applicant shall include a draintile system behind the curbs to convey sump pump
discharge from homes.
47.Add catch basins in the back yards of Lots 1-15, Block 3 connecting to Street C storm
sewer. Also add a catch basin along Street A in front of Lots 25-28 and between Lots 15 &
16 and 4 & 5, Block 1.
48.All plans must be signed by a registered Civil Engineer registered in the State of Minnesota.
49.The catch basin between Lots 6 & 7 must be built with two inlet openings.
50.Tree preservation fencing must be installed at the limits of tree removal.
51.An easement is required from the appropriate property owner for any off-site grading.
52.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.
53.Utility services for the buildings must be shown on the final utility plan. Sanitary services
must be 6-inch PVC and water service must be 1-inch copper, Type K and will require a
City Building Department inspection.
54.Extend the silt fence along the south to the back yard of Lot 25, Block 1.
55.No retaining wall is allowed within any drainage and utility easement. Revise the retaining
wall between Lots 22, 23 and 24, Block 2, accordingly.
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City Council Summary – April 24, 2006
56.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.
57.Permits from the appropriate regulatory agencies will be required prior to construction,
including but not limited to MPCA, NPDES, MnDOT, Department of Health, Carver
County and Watershed District.
58.Reroute the sanitary sewer from Street A and the north-south corridor intersection to
minimize the sewer depth. Relocate the southern sanitary sewer out of the stormwater pond
easement at Outlot E.
59.Add a pressure relief valve to the watermain along Street D between Outlots E and F. This
will be a City improvement cost but installed by at the time of development.
60.In-home pressure reducing water valves may be required on all lots with a lowest floor
elevation of 930 or less. Final determination for the need of in-home pressure reducing
valves will be made by the City at time of building permit.
61.The applicant shall coordinate with the developer of the adjacent properties in the northeast
corner of the site the dedication of public street right-of-way to provide access from the
parcel to the north to the parcel to the east and revise the plans accordingly.”
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
Wetland Alteration Permit for the grading and filling of wetlands on property subject to the
following conditions:
1.The applicant shall submit a complete wetland replacement plan and must receive
approval of the replacement plan prior to alteration of wetlands. Wetland replacement
shall occur in a manner consistent with Chanhassen City Code and the Minnesota
Wetland Conservation Act (MR 8420).
2.Wetland mitigation shall not be proposed for the northeast corner of the site in order to
ensure adequate area for a road connection to the property to the east of the site.
3.A wetland buffer 16.5 to 20 feet in width (with a minimum average of 16.5 feet) shall be
maintained around all Ag/Urban wetlands. 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. All structures shall be set back 40 feet from the
edge of the wetland buffer. The wetland buffer setback shall be shown on the plans.”
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City Council Summary – April 24, 2006
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
Conditional Use Permit to permit development within the Bluff Creek Overlay District with a
variance for encroachment in to the primary zone to construct a storm water pond subject to
the following conditions:
1.Dedication of Outlots A and G shall be made to the city or a conservation easement shall
be established over said outlots.
2.Any areas on the property that meet the City’s criteria for bluffs (i.e., slope greater than
or equal to 30% and a rise in slope of at least 25 feet above the toe) shall be preserved. In
addition, all structures shall 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 a bluff). The plans shall be revised to show any areas meeting the City’s
bluff criteria.
3.No alterations shall be permitted within the primary corridor or within the first 20 feet of
the setback from the primary corridor without a variance. All structures must meet the
40-foot setback from the primary corridor.”
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
COUNCIL PRESENTATIONS:
Councilman Lundquist asked Todd Hoffman and Sergeant
Olson to discuss the incident which occurred at the skate park and what options are available to
the council to ensure that the city provides a safe place for kids to use the skate park.
Councilwoman Tjornhom asked how juvenile incidents at the skate park compared to other parks
in the city, i.e. Lake Ann and Lake Susan and suggested the option of installing a surveillance
camera. Todd Hoffman suggested addressing the issues of underage smoking and loitering.
Councilman Lundquist asked that the issue of the skate park be discussed at an upcoming work
session.
ADMINISTRATIVE PRESENTATIONS:
None.
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
10:50 p.m..
Submitted by Todd Gerhardt
City Manager
Prepared by Nann Opheim
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