SUM CC 2006 07 24
CHANHASSEN CITY COUNCIL
REGULAR MEETING
SUMMARY MINUTES
JULY 24, 2006
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 and Councilman Lundquist
COUNCIL MEMBERS ABSENT:
Councilman Peterson
STAFF PRESENT:
Todd Gerhardt, Roger Knutson, Kate Aanenson, Todd Hoffman and Paul
Oehme
PUBLIC PRESENT FOR ALL ITEMS:
David Jansen Chanhassen Villager
Jerry McDonald Planning Commission
Janet & Jerry Paulsen 7305 Laredo Drive
Debbie Lloyd 7302 Laredo Drive
Jeffrey A. Fox 5270 Howards Point, Excelsior
Rick Dorsey 1551 Lyman Boulevard
PUBLIC ANNOUNCEMENTS: INVITATION TO NATIONAL NIGHT OUT.
Mayor
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Furlong invited the public to attend the 23 Annual National Night Out which will take place on
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Tuesday, August 1 from 6:00 to 9:00 p.m. and outlined the activities involved.
CONSENT AGENDA: Councilwoman Tjornhom moved, Councilman Lundquist 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 July 10, 2006
-City Council Summary & Verbatim Minutes dated July 10, 2006
Receive Commission Minutes:
-Park and Recreation Commission Verbatim & Summary Minutes dated June 27, 2006
b. The Preserve at Bluff Creek, Project 06-12: Approve Access Agreement with Ryland
Group.
d. Amendment to City Code, Chapter 20, Section 1259, Concerning Electronic Reader
Board Signs.
City Council Summary – July 24, 2006
Resolution #2006-49:
e. Longacres Drive Stormwater Pond Outlet Improvement and
Lyman Boulevard Sewer Repairs, Projects 06-08 and 06-09: Reject Bids and Authorize
Re-advertisement for Bids.
f. Approval of Temporary On-Sale Liquor License for Fund Raiser, September 30, St.
Hubert Church, 8201 Main Street
Resolution #2006-50:
g. Approve Purchase of Grass Rig, Chanhassen Fire Department.
h. C.J.’s Coffee & Wine Bar, 600 Market Street, Suite 170: Approval of Request to Amend
the Liquor Licensed Premises for a Charity Event on September 30, 2006.
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE.
Sgt. Ross Gullickson presented
the sheriff’s office area report, sheriff’s office area citation list and community service officer
report for the month of June. Chief Gregg Geske presented the June monthly report for the Fire
Department. Regarding a house fire that occurred in his neighborhood, Councilman Lundquist
asked Chief Geske to talk about standards for response time.
VISITOR PRESENTATIONS:
Jerry Paulsen, 7305 Laredo Drive talked about a late e-mail he
had sent to the council regarding impervious surface coverage calculations.
LAKESIDE, 125 LAKEVIEW ROAD, APPLICANT SIENNA CORPORATION:
REQUEST FOR A PLANNED UNIT DEVELOPMENT ON 26.34 ACRES REZONING
THE PROPERTY FROM R12, HIGH DENSITY RESIDENTIAL TO PUD-R, PLANNED
UNIT DEVELOPMENT-RESIDENTIAL, WITH VARIANCES; PRELIMINARY PLAT
FOR 29 BUILDING LOTS, TWO OUTLOTS, AND RIGHT-OF-WAY FOR PUBLIC
STREETS; SITE PLAN REVIEW FOR A 234 UNIT RESIDENTIAL DEVELOPMENT,
INCLUDING TWO, THREE, FOUR, AND CONDOMINIUM UNIT BUILDINGS, AND A
COMMUNITY BUILDING; AND A CONDITIONAL USE PERMIT FOR A
RECREATIONAL BEACHLOT WITH VARIANCES.
Public Present:
Name Address
David Vogelbacher Apple Valley
Matthew Anderron Golden Valley
Rick Denman 6656 PLC
Steven Mangold 4852 Woodhurt Lane, Minnetonka
Gregory Kozulls Prior Lake
John Harriss Minneapolis
Tony L. 425 Portland Avenue
Mary Beth Maki 150 Lakeview Road E
Steven Schwieteus 10072 Gristmill
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City Council Summary – July 24, 2006
Daryl McLinden 7321 Hillsdale Court
Jerry Frederick 7297 Hillsdale Court
Stephanie & Thomas Drees 14727 Boulder Point Road
Chris Honaas-Wildfang 18397 Nicklaus Way
Scott Frederiksen 18626 Bearpath Trail, Eden Prairie
Bruce & Mary Jo Carlson 8988 English Turn, Eden Prairie
Ginny & Pat Gaspard 17615 Bearpath Trail
Andrew Pynch 8724 North Bay Drive
Phil Young 6832 Hallmark Drive, Eden Prairie
Kevin McShane 180 South Shore Court
Kate Aanenson presented the staff report and reviewed the issues raised by City Council at their
last meeting. Councilman Lundquist asked for further clarification on the grading and tree
preservation plan. Mayor Furlong followed up on Councilman Lundquist’s question regarding
grading and storm water management, specifically condition 37 regarding the emergency
overflow elevation. John Vogelbacher clarified Sienna’s plans for tree preservation. After
council discussion the following motions were made.
Councilman Labatt moved, Councilwoman Tjornhom seconded that the City Council
approves the rezoning of property located within the Lakeside development from High
Density Residential District (R12) to Planned Unit Development-Residential (PUD-R),
incorporating the development design standards contained within this staff report, subject
to the final plat approval for the Lakeside development. All voted in favor and the motion
carried unanimously with a vote of 4 to 0.
Councilman Labatt moved, Councilwoman Tjornhom seconded that the City Council
approves Preliminary Platfor Lakeside, plans prepared by Pioneer Engineering, dated
the
May 19, 2006, revised June 7, 2006 and July 17, 2006, with a revised grading plan dated July
24, 2006, and a revised tree preservation plan dated July 24, 2006, subject to the following
conditions:
1.The developer must submit a list of proposed street name(s) and an addressing plan to
Chanhassen Building Official and Chanhassen Fire Marshal for review and approval prior to
final plat of the property.
2.Each lot must be provided with separate sewer and water services.
3.Additional fire hydrants will be required. Please contact the Chanhassen Fire Marshal for
exact location of additional hydrants and any to be relocated.
4.A minimum buffer of 16.5 to 20 feet shall be preserved around the perimeter of the wetland.
All structures (including parking lots) shall maintain a 40-foot setback from the wetland
buffer. All trails and retaining walls shall be modified to remain outside the wetland buffer.
The plans shall be revised to reflect the required wetland buffer and wetland buffer setback.
Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City’s
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City Council Summary – July 24, 2006
wetland ordinance. The applicant shall install wetland buffer edge signs before construction
begins and shall pay the City $20 per sign.
5.The plans shall be revised to depict the OHW of Lake Riley, which is 865.3.All structures
shall be located a minimum of 75 feet from the OHW. The proposed fire pit shall be located
a minimum of 75 feet from the OHW and shall be buffered from the lake by vegetation. No
grading or intensive clearing of vegetation shall occur within the shore impact zone (all areas
within 37.5 feet of the OHW).
6.A conditional use permit (CUP) shall be obtained from the City prior to the operation of a
recreational beach lot.
7.All existing amenities and/or structures (including any docks, existing beach that is not
proposed to remain and the boat launch) on Outlot B, North Bay shall be removed. A boat
launch is not permitted.
8.The location of the building on Lot 1, Block 1 shall be adjusted to respect all drainage and
utility easements.
9.The applicant shall supply details about the water feature between the rear yards of the units
in Block 3, specifically the source for the water in the water feature. As an alternative to the
current proposal, the applicant should consider revising the plans to utilize storm water as an
amenity as part of a rain garden system in this area.
10.The applicant shall provide additional information detailing the proposed emergency
overflow (EOF) route from Pond 1 to Lake Riley.
11.The grading and landscaping proposed around Pond 1 shall be revised to provide a flat, open
area so maintenance equipment can access the flared end sections from Lake Riley Road East
without damaging the retaining wall or the landscaping and without being below the NWL of
the pond.
12.All storm water infrastructure, including catch basins, storm sewer pipes, manholes, flared-
end sections, outlet structures, ponds and swales, shall be owned, operated and maintained by
the developer and, eventually, the homeowners association. Prior to final plat recording, the
developer shall enter into an agreement with the City that outlines the parameters of
operation, inspection and maintenance of the storm water infrastructure. This agreement
shall be transferred to the homeowners association prior to the developer relinquishing
responsibility for the development.
13.The SWPPP shall be provided to the City for review by the Carver Soil and Water
Conservation District.
14.The plans shall be revised to show that erosion control blanket will be installed over all areas
with 3:1 slopes or steeper.
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City Council Summary – July 24, 2006
15.A stable emergency overflow (EOF) for the pond shall be provided. The EOF could consist
of riprap and geotextile fabric or a turf re-enforcement mat (a permanent erosion control
blanket). A typical detail shall be included in the plan.
16.Energy dissipation shall be provided for all inlets and outlets within 24 hours of installation
17.Wimco-type or other comparable inlet controls shall be used and installed within 24 hours of
installation of the inlets. Perimeter controls and inlet protection shall be in place and
maintained as needed until 70% of the vegetation is established.
18.Typical building lot controls shall be shown on the plan in a typical detail. These controls
shall include perimeter controls (silt fence), rock driveways, street sweeping, inlet control
and temporary mulch after final grade and prior to issuing the Certificate of Occupancy
(CO).
19.The proposed storm water pond shall be used as a temporary sediment basin during mass
grading. The pond shall be excavated prior to disturbing up-gradient areas. Plans shall show
how the temporary basin will be constructed and how water will be diverted to the temporary
basin. Berms and/or ditches may be needed to divert water to the pond, and temporary pond
outlets are needed. The outlet could be a temporary perforated standpipe and rock cone. The
plans shall be revised to include a detail for the temporary pond outlet.
20.The proposed silt fence along Wetland Basin B shall be Type 2 silt fence, as specified in
Chanhassen Standard Detail Plate 5300. Type 1 silt fence may be used for the remainder of
the site. The grading plan shall be revised to show the proposed silt fence following the
grading limits for the site and shall be located outside of the required 16.5-foot wetland
buffer. Silt fence shall be placed at the proposed high water level elevation of the proposed
storm water pond.
21.Street gutters and catch basins are considered “surface waters” and shall be protected from
exposed soils with a positive slope within 200 linear feet. Following installation of curb and
gutter, silt fence shall be installed curbside along all positive slopes to the street with exposed
soils.
22.Plans shall be revised to show erosion and sediment control measures for the road ditch along
Lyman Boulevard. All perimeter controls shall be inspected by the city and the SWCD prior
to grading.
23.Details for concrete washout areas where drivers will wash out their trucks and how the
water will be treated should be developed and included in the SWPPP.
24.Street cleaning of soil tracked onto public streets shall include daily street scraping and street
sweeping as needed.
25.At this time, the estimated total SWMP fee, due payable to the City at the time of final plat
recording, is $195,293.
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City Council Summary – July 24, 2006
26.The owner/operator of the proposed development 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 Site Permit), Minnesota
Department of Natural Resources (for dewatering), Minnesota Department of Transportation,
Minnesota Department of Health) and comply with their conditions of approval.
27.Tree protection fencing shall be installed prior to construction around all areas designated for
preservation and/or at the edge of proposed grading limits.
28.A walk-through inspection of the silt/tree preservation fence shall be required prior to
construction.
29.No burning permits shall be issued for tree removal. All trees removed on site shall be
chipped and used on site or hauled off.
30.The applicant shall increase landscape plantings along the east property line to minimum
bufferyard requirements.
31.No trees shall be removed behind the northwestern corner of the silt fence as shown on
grading plans dated 05/19/06.
32.A total of 139 trees shall be planted in the development as required for canopy coverage.
33.All existing buildings, driveways and accessory structures must be removed before grading
commences.
34.The lowest floor elevation of 106 Lakeview Road East must be field verified.
35.The high water level of the proposed pond must be minimum three feet lower than the lowest
floor elevation of the adjacent homes along Lakeview Road East.
36.The high water level of the wetland must be determined.
37.The proposed grading in the northwest corner near the wetland needs to be adjusted to meet
city standards.
38.Pavement grades at the following locations must be adjusted so that the grade does not
exceed 7%: West of Building A, and the northern street extending from the Lakeview Road
East intersection.
39.Private driveway grades shall not exceed 10%.
40.Ground (ie. non-paved) surface grades shall not be less than 2%.
41.Emergency overflow locations and elevations must be shown on the plan.
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City Council Summary – July 24, 2006
42.High point elevations between the catch basins must be shown along the east side of Block 2.
43.Each lot must be provided with separate sewer and water services.
44.An easement is required from the appropriate property owner for any off-site grading. The
developer must receive approval from the City of Eden Prairie for grading in to the Outlot for
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Bearpath 3 Addition.
45.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.
46.Building permits are required for all retaining walls four feet tall or higher and must be
designed by a Structural Engineer registered in the State of Minnesota.
47.All sanitary sewer, watermain and storm sewer within this site shall be privately owned and
maintained.
48.The watermain extension from Lyman Boulevard must be wet-tapped and must be done
under traffic.
49.The developer must provide ingress/egress to the North Bay residents for the duration of the
utility extension within Lake Riley Road East.
50.Each new lot is subject to the sanitary sewer and water hookup charges. The 2006 trunk
hookup charge is $1,575 for sanitary sewer and $4,078 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.
51.The 15-foot wide sanitary sewer easement on the northwest side of the property must be
vacated.
52.The proposed pool house must not lie within the drainage and utility easement.
53.The payment of full park dedication fees at the rate in force upon final plat approval in lieu of
parkland dedication.
54.The applicant shall provide all design, engineering, construction and testing services required
of the “Lyman Boulevard Trail.” All construction documents shall be delivered to the Park
and Recreation Director and City Engineer for approval prior to the initiation of each phase
of construction. The trail shall be 10 feet in width, surfaced with bituminous material, and
constructed to meet all city specifications. The applicant shall be reimbursed for the actual
cost of construction materials for the Lyman Boulevard Trail. This reimbursement payment
shall be made upon completion and acceptance of the trail and receipt of an invoice
documenting the actual costs for the construction materials utilized in its construction.
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City Council Summary – July 24, 2006
55.The trail connection at the northeast corner of the site connecting the Lakeside area to the future
Highway 212 trail and underpass, as depicted in the applicant’s plans, is completed.”
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
Councilman Labatt moved, Councilwoman Tjornhom seconded that the City Council
approves the Site Plan for 231 housing units and a community building with pool, plans
prepared by Pioneer Engineering, dated May 19, 2006, revised June 7, 2006, and July 17,
2006, with a revised grading plan dated July 24, 2006, with a variance for building height
for the condominium units consistent with the building elevations prepared by Harriss
Architects, stamped received May 26, 2006, subject to the following conditions:
1.The applicant shall enter into a site plan agreement with the City and provide the necessary
security to guarantee erosion control, site restoration and landscaping.
2.The pool, including the pool deck, shall be relocated outside the 50-foot setback from Lyman
Boulevard.
3.Accessibility must be provided to all portions of the development and a percentage of the
units may also be required to be accessible or adaptable in accordance with Minnesota State
Building Code Chapter 1341. Further information is needed to determine these requirements.
4.Buildings over 8500 square feet of floor area are required to be protected with an automatic
sprinkler system. For the purposes of this requirement property lines do not constitute
separate buildings and the areas of basements and garages are included in the floor area
threshold.
5.The buildings will be required to be designed by an architect and engineer as determined by
the Building Official.
6.Demolition permits must be obtained before demolishing any structures on the site.
Application for such permits must include hazardous substances investigative and proposed
mitigation reports.
7.A final grading plan and soils report must be submitted to the Inspections Division before
permits can be issued.
8.Walls and projections within three feet of property lines are required to be of one-hour fire-
resistive construction.
9.Retaining walls over four feet high require a permit and must be designed by a professional
engineer.
10.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
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City Council Summary – July 24, 2006
fire hydrants can be quickly located and safely operated by firefighters. Pursuant to
Chanhassen City Ordinance #9-1.
11.Yellow curbing and “No Parking Fire Lane” signs will be required. Contact Chanhassen Fire
Marshal for exact location of yellow curbing and locations of signs to be installed.
12.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.
13.Temporary street signs shall be installed at street intersections once construction of the new
roadway allows passage of vehicles. Pursuant to 2002 Minnesota Fire code Section 501.4.
14.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 State Fire Code Section 503.2.3.
15.No burning permits shall be issued for trees to be removed. Trees and shrubs must either be
removed from site or chipped.
16.Approved fire apparatus access roads (driveways) shall be provided for every facility,
building or portion of a building hereafter constructed or moved into or within the
jurisdiction. The fire apparatus access roads shall comply with requirements of Section 503
and shall extend to within 150 feet of all portions of the facility or any portion of the exterior
wall of the first story of the building as measured by an approved route around the exterior of
the building or facility. Exceptions: Fire Marshal is authorized to increase the dimension of
150 feet where the building is equipped throughout with an approved automatic sprinkler
system in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3. Pursuant to Section
503.1.1 2000 Minnesota Fire Code.”
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
Councilman Labatt moved, Councilwoman Tjornhom seconded that the City Council
approves a Conditional Use Permit for a recreational beachlot with a variance from the
requirement that 80 percent of the units within 1,000 feet of the recreational beachlot,
plans prepared by Pioneer Engineering, dated May 19, 2006, revised June 7, 2006, subject
to the following conditions:
1.A conditional use permit (CUP) shall be obtained from the City prior to the operation of a
recreational beach lot.
2.The plans shall be revised to depict the OHW of Lake Riley, which is 865.3.All structures
shall be located a minimum of 75 feet from the OHW. The proposed fire pit shall be located
a minimum of 75 feet from the OHW and shall be buffered from the lake by vegetation. No
grading or intensive clearing of vegetation shall occur within the shore impact zone (all areas
within 37.5 feet of the OHW).
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City Council Summary – July 24, 2006
3.The area of Outlot B shall be recalculated to include only the area within the outlot above the
OHW. The amount of shoreline for Outlot B shall be calculated along the OHW. The
number of docks and slips permitted by the conditional use permit for the beach lot shall not
exceed the number of docks and slips allowable by City Code for the actual beach lot area
and frontage.
4.All existing amenities and/or structures (including any docks, existing beach that is not
proposed to remain and the boat launch) on Outlot B, North Bay shall be removed. A boat
launch is not permitted.
5.The applicant shall work with staff on the design of and materials for proposed path from
Lyman Boulevard to the dock to minimize the impacts of runoff from the path to the
shoreline and Lake Riley.
6.The proposed walking path along the shoreline shall be made of a pervious surface such as
mulch, crushed rock or turf grass and shall not be located below the OHW. Special attention
shall be paid to ensure that the path materials are not prone to erosion. The plans shall be
revised to show the woodland gardens above the OHW of Lake Riley.
7.An individual permit shall be obtained from the DNR for any beach sand applications that do
not meet the DNR standards for sand blanket applications without an individual permit.
8.One beach area shall be permitted to minimize impacts to the lake and to adjacent residents.
9.The applicant shall work with staff on the placement of the beach lot infrastructure to
preserve as many of the existing trees in that area as possible. A survey of the area with the
tree locations will be required and used to facilitate tree preservation. The applicant shall
also work with staff on the location of the woodland path and woodland gardens along the
path.”
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
Councilman Labatt moved, Councilwoman Tjornhom seconded to adopt the Findings of
Fact relating to motions A through D as presented in the staff report. All voted in favor
and the motion carried unanimously with a vote of 4 to 0.
(The City Council took a short recess at this point in the meeting.)
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COUNCIL PRESENTATIONS:
Councilwoman Tjornhom noted the 10 anniversary
celebration she attended at Centennial Hills. Councilman Lundquist commented on the positive
feedback he received regarding the City Manager and Chanhassen Fire Department in
responding to the house fire in his neighborhood. Councilman Labatt notified the council that he
st
will be moving out of Chanhassen and resigning from the City Council as of August 1. Mayor
Furlong and Todd Gerhardt thanked him for his 13 years of service on the Public Safety
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City Council Summary – July 24, 2006
Commission and City Council. Mayor Furlong asked staff to prepare options with regard to the
council vacancy for the next meeting.
ADMINISTRATIVE PRESENTATIONS:
Todd Gerhardt invited everyone to stay for cake
after the meeting to say good-bye to Councilman Labatt.
CORRESPONDENCE DISCUSSION.
None.
Councilman Labatt moved, Councilman Lundquist seconded to adjourn the meeting. All
voted in favor and the motion carried. The City Council meeting was adjourned at 8:10
p.m..
Submitted by Todd Gerhardt
City Manager
Prepared by Nann Opheim
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