SUM CC 2006 08 28
CHANHASSEN CITY COUNCIL
REGULAR MEETING
SUMMARY MINUTES
AUGUST 28, 2006
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
STAFF PRESENT:
Todd Gerhardt, Roger Knutson, Sharmeen Al-Jaff, Lori Haak, and Paul
Oehme
PUBLIC PRESENT FOR ALL ITEMS.
Debbie Larson Planning Commission
PUBLIC ANNOUNCEMENTS:
Mayor Furlong announced that the City Council meeting
scheduled for September 11, 2006 will be cancelled due to lack of items to consider.
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 August 14, 2006
-City Council Verbatim and Summary Minutes dated August 14, 2006
Receive Commission Minutes:
-Planning Commission Verbatim and Summary Minutes dated August 15, 2006
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b. Lot 1, Block 1, Chan Haven Plaza 3 Addition: Release from Development Contract and
Statement Regarding Claims.
Resolution #2006-62:
c. 2007 Street Improvement Project No. 07-02: Approve Consultant
Contract.
d. Approve Joint Powers Agreement with the City of Shorewood for Watermain
Interconnect.
f. Set Date for Truth in Taxation Hearing.
g. Thomas Schwartz, 7376 Bent Bow Trail: Approval of a Variance to Allow Structures
within the 40 foot Wetland Buffer Setback.
City Council Summary - August 28, 2006
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h. Gary Carlson, 3891 West 62 Street: Approval of Variance Request for Relief from the
30 foot Front Yard Setback Requirement for the Construction of an Existing Four Stall
Garage and Relief from the 1,000 square foot Detached Accessory Structure Restriction
for the RSF District.
i. Approve Quote for Recreation Center Hockey Rink Resurfacing.
j. Set Special Meeting Date, September 14, Joint meeting with Commissions.
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
Item 1(e), Approval of Conservation Easement for Wetland Mitigation Site OF-5, MnDot was
tabled per staff's request.
VISITOR PRESENTATIONS:
None.
LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE.
Sgt. Ross Gullickson reviewed
the numbers from the Sheriff's Office Area Report, Area Citation List and Community Service
Officer Report for the month of July. Miscellaneous items included 2 public safety notices
regarding solicitor complaints and a suspicious incident in which an adult male approached a
young child asking the child to come over to a car. He reported on the activities involved with
National Night Out, Miracles for Mitch, Tour de Tonka and the use of a bait car to catch car
prowlers. Chief Greg Geske presented the report from the Fire Department.
ADOPTION OF SECOND GENERATION SURFACE WATER MANAGEMENT PLAN.
Lori Haak, Water Resources Coordinator reviewed the adoption process and introduced Ron
Leaf from SEH who gave a short summary of the work done to address the comments received
from the public and water management organizations. Mayor Furlong asked about potential
funding options available with watershed districts and other agencies.
Resolution #2006-63: Councilman Peterson moved, Councilwoman Tjornhom seconded
that the City Council approves the resolution adopting the Second Generation Surface
Water Management Plan. All voted in favor and the motion carried unanimously with a
vote of 4 to 0.
BOULDER COVE: REQUEST FOR REZONING OF PROPERTY FROM
RESIDENTIAL SINGLE FAMILY (RSF) TO RESIDENTIAL LOW & MEDIUM (RLM),
SUBDIVISION WITH VARIANCES AND A SITE PLAN FOR A ONE, TWO AND
THREE UNIT TOWN HOME COMMUNITY, LOCATED ON PROPERTY NORTH OF
ND
HIGHWAY 7, EAST OF CHURCH ROAD AND SOUTH OF WEST 62 STREET,
APPLICANT ROGER DERRICK, COTTAGE HOMESTEADS AT BOULDER COVE,
LLC.
Public Present:
Name Address
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City Council Summary - August 28, 2006
Cara Otto Otto Associates
Dan French Coldwell Banker Burnet
Roger Derrick Cottage Homesteads at Boulder Cove, LLC
Marc Hoffmann 6195 Strawberry Lane
Brenda Hugo 26110 Oak Leaf Trail
Jamee Tuttle 26245 Oak Leaf Trail
Julia Gagnon 26125 Oak Leaf Trail
Todd Wagner 26145 Oak Leaf Trail
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Gwen & Wade Navratil 3751 West 62 Street
Paul Steffens 26250 Oak Leaf Trail
Sharmeen Al-Jaff presented the staff report and Planning Commission update on this item. Paul
Oehme addressed issues dealing with drainage and traffic. Mayor Furlong asked for clarification
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regarding the access onto Strawberry Lane and West 62 Street and clarification of the sizing of
the storm pond. If it is sized based upon the allowable impervious surface coverage for the
zoning or is it based upon the estimated impervious surface of this site plan. Councilwoman
Tjornhom asked for clarification of the materials being used on the outside façade and guest
parking. The applicant, Roger Derrick reviewed the type of buildings being proposed. Mayor
Furlong opened the meeting for public comment. Marcus Hoffmann, 6195 Strawberry Lane,
speaking on behalf of his constituents, addressed issues they feel will have an adverse effect on
their community as a result of the proposed Boulder Cove development, i.e. traffic and drainage.
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Wade Navratil, 3751 West 62 Street addressed the drainage issue that currently exists, traffic
concerns, buffer between medium density and single family, and because of the location between
two highly used park areas, that it would be a great site for single family development. Todd
Wagner, 26145 Oak Leaf Trail in Shorewood stated his key concern was the rezoning of the
property. Cara Otto with Otto Associates and staff addressed the issues brought up by the
residents. After council discussion and comments the following motions were made.
Councilman Peterson moved, Councilwoman Tjornhom seconded that the City Council
approves Case #06-10 to rezone 12.99 acres of property zoned RSF, Residential Single
Family to RLM, Residential Low and Medium Density District for the Boulder Cove as
shown on the plans dated received July 7, 2006, and revised July 25, 2006, subject to the
following condition:
1.Lot 22, Block 1, Boulder Cover shall remain under the Residential Single Family zoning
district.
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
Councilman Peterson moved, Councilwoman Tjornhom seconded that the City Council
approves the preliminary plat for Subdivision Case #06-10 for Boulder Cove for 39 lots and
1 outlot as shown on the plans received July 7, 2006 and revised July 25, 2006,
incorporating the Findings of Fact as attached, and subject to the following conditions:
1.Hydraulic calculations must be submitted with the final plat application for staff review. The
revised calculations should include the entire area drained by the north ditch of Trunk
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City Council Summary - August 28, 2006
Highway 7 since concentration points have been established at the inlets of the two existing
culverts heading south underneath Trunk Highway 7.
2.The top and bottom of wall elevations must be shown on the final grading plan.
3.The developer will reimburse the City the cost of the Barr analysis upon final plat approval.
4.Any retaining wall four feet high or taller must be designed by an engineer registered in the
State of Minnesota and requires a building permit.
5.The developer is required to obtain any necessary permits for the sanitary sewer extension
from the Metropolitan Council (sewer connection permit) and the City of Shorewood (work
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in right-of-way permit) and West 62 Street must be restored.
6.Rim and invert elevations of all sanitary and storm sewers must be shown on the final utility
plan.
7.The utility plan must show the existing drainage and utility easements on the Miller and
Navratil properties.
8.The developer shall be responsible for any damage to the Miller’s fence as a result of the
watermain installation.
9.The existing wells and septic systems must be properly removed/abandoned.
10.Public utility improvements are required to be constructed in accordance with the City's
latest edition of Standard Specifications and Detail Plates. Detailed construction plans and
specifications must be submitted at time of final plat.
11.The private street must be constructed to a 7-ton design.
12.The developer shall be responsible for installing all landscape materials proposed in rear yard
areas and bufferyards.
13.Tree preservation fence shall be installed at the edge of the dripline for tree #71 or as close to
that location as possible. All other tree preservation fencing shall be installed at the edge of
the grading limits prior to any construction.
14.All landscape planting shall be field located. No plantings will be allowed within the
dripline of tree #71 or below the NWL of the proposed pond.
15.No evergreens shall be planted in the front yards within a space less than 40 feet in width
between driveways.
16.The grading and the storm sewer alignment shall be shifted as far east as needed in order to
protect and save the evergreens along the westerly property line.
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City Council Summary - August 28, 2006
17.Payment of park fees at the rate in force at the time of platting shall be required as a
condition of approval. The 2006 park dedication fees are $5,800 per single family dwelling,
$5,000 for each unit in a duplex, and $3,800 for each unit within a three-plex.
18.Drainage and utility easements shall be provided over all storm water ponds and storm water
conveyance features outside of the public ROW.
19.The future storm water pond shall be constructed prior to mass grading of the site and shall
be used as a temporary sediment basin. A temporary outlet shall be installed (perforated
standpipe with rock cone) in the temporary sediment basin. A detail shall be provided within
the Storm Water Pollution Prevention Plan (SWPPP).
20.Energy dissipation shall be installed at the flared-end section outlet of the storm water basin
within 24 hours of outlet installation.
21.Area inlets and curbside inlet control (Wimco or similar) shall be installed within 24 hours of
inlet installation. A detail shall be provided in the SWPPP.
22.The proposed rock construction entrance shall be a minimum 20 feet in width and 75 feet in
length with a filter fabric installed under the rock.
23.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.
24.Street cleaning of soil tracked onto public streets shall include daily street scraping and street
sweeping as needed. A pickup broom shall be used at a minimum of once per week or as
conditions warrant.
25.The plans shall be revised to include a typical erosion control detail for individual lots and
multifamily lots.
26.At this time the total estimated SWMP fees payable upon approval of the final plat are
estimated at $67,384. The applicant will receive a water quality credit of 50% of the per-acre
water quality charge for each acre treated by the on-site pond.
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City Council Summary - August 28, 2006
27.The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g.,
Minnesota Pollution Control Agency (NPDES Phase II Construction Permit), Minnesota
Department of Natural Resources (for dewatering)) and comply with their conditions of
approval.
28.Building Department conditions:
a.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.
b.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.
c.The buildings will be required to be designed by an architect and engineer as determined
by the Building Official.
d.The developer must submit a list of proposed street name(s) and an addressing plan for
review and approval prior to final plat of the property.
e.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. Existing wells and on-site sewage treatment systems but be
abandoned in accordance with State Law and City Code.
f.A final grading plan and soils report must be submitted to the Inspections Division before
permits can be issued.
g.Walls and projections within 3 feet of property lines are required to be of one-hour fire-
resistive construction.
h.Retaining walls over four feet high require a permit and must be designed by a
professional engineer.
i.Each lot must be provided with separate sewer and water services.
j.The developer and or their agent shall meet with the Inspections Division as early as
possible to discuss plan review and permit procedures.
k.The developer must coordinate the address changes of the two existing homes with the
construction of the development and provide access for emergency vehicles at all times.
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City Council Summary - August 28, 2006
29.Fire Marshal conditions:
a.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.
b.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.
c.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.
d.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.
e.No burning permits shall be issued for trees to be removed. Trees and shrubs must either
be removed from site or chipped.
f.Fire hydrant spacing is acceptable.
30.All existing buildings on the site, with the exception of the house and garage on lot 22, block 1,
shall be removed.
31.Lot 22, Block 1, shall maintain a maximum hard surface coverage of 25%.
32.Sheets 2, 3, 4 and 5 shall be modified to reflect the new layout of Outlot A.
33.A cross-access easement agreement shall be granted in favor of the property located at 3520
Highway 7.”
34.Work with the developer to resolve the back flow on the drain tile at the vicinity of the
French tile outlet.
35. Work with the developer to see if the additional significant trees can be saved.
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
Councilman Peterson moved, Councilwoman Tjornhom seconded that the City Council
approves Site Plan Case #06-10 to construct four three-plexes as shown on the plans dated
received July 7, 2006 and revised July 25, 2006, with the following conditions:
1. The applicant shall evaluate the potential for wing walls between the patios on the three-
plexes.
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City Council Summary - August 28, 2006
2. The single family, two-plexes and three-plexes shall be built as shown on the elevations and
floor plans dated received August 18, 2006.
3. The applicant shall submit two additional colors for the Hardie Board siding.
4. The applicant shall add a pitched element above each entryway to further add to the
articulation of the roof line.
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
REQUEST FOR INTERIM USE PERMIT FOR OFF-SITE GRADING FOR THE
DISPOSAL OF DIRT FROM THE HIGHWAY 312 CORRIDOR ON PROPERTY
LOCATED AT 1560 BLUFF CREEK DRIVE AND 1425 BLUFF CREEK DRIVE AND
SOUTH OF THE HENNEPIN COUNTY REGIONAL RAIL CORRIDOR AND BLUFF
CREEK DRIVE, APPLICANT ZUMBRO RIVER CONSTRUCTORS.
Paul Oehme presented the staff report and Planning Commission update on this item.
Councilman Lundquist asked for clarification on the amount of fill and possible other locations.
Mayor Furlong asked for clarification of the hauling routes for truck traffic to the different sites.
Debbie Larson provided information from the Planning Commission's discussion. After council
discussion the following motions were made.
Councilman Peterson moved, Councilman Lundquist seconded that the City Council
approves Planning Case #06-28 for Interim Use Permits to grade and fill Site 3 (1560 Bluff
Creek Drive) in conformance with the grading plans prepared by Zumbro River
Constructors for the site, subject to the following conditions:
1. Overland hauling must utilize the existing creek crossing for the Bluff Creek Drive
realignment.
2. No fill shall be placed within the Bluff Creek Drive right-of-way.
3. Hours of operations are 7:00 a.m. and 6:00 p.m. Monday through Friday and 9:00 a.m. and
5:00 p.m. on Saturdays, with no work allowed on holidays.
4. Each site shall be examined by a professional wetland delineator to determine whether
jurisdictional wetlands exist on-site or within 150 feet of the proposed fill. Any wetlands that
are identified shall be delineated, then reviewed by the City prior to any work commencing
on-site. If the delineation shows the proposed project to include wetland impact, the applicant
shall obtain a wetland alteration permit from the City prior to wetland impacts occurring.
5. A wetland buffer 16.5 to 20 feet in width (with a minimum average of 16.5 feet) shall be
maintained around any 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
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City Council Summary - August 28, 2006
City $20 per sign. All structures shall maintain a setback of at least 40 feet from ag/urban
wetland buffer edges.
6. Wetland replacement, if necessary, shall occur in a manner consistent with the wetland
alteration permit and the Minnesota Wetland Conservation Act (MR 8420).
7. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. 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.
8. Silt fence shall be installed at the base of all proposed slopes in accordance with Chanhassen
Standard Detail Plates 5300. A rock construction entrance meeting the specifications of
Chanhassen Standard Detail Plate 5301 shall be installed where truck traffic will enter and exit
Bluff Creek Drive. Street cleaning of soil tracked onto public streets shall include daily street
scraping and street sweeping as-needed. Wimco-type inlet protection shall be installed in
accordance with Chanhassen Standard Detail Plate 5302A in all catch basins within 200 feet of
the proposed project sites and maintained as needed. The construction plans shall be revised to
show the locations of the proposed silt fence, rock construction entrances and Wimco-type inlet
protection and to include Chanhassen Standard Detail Plates 5300, 5301 and 5302A.
9. 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
(NPDES Phase II Construction Site Permit), Minnesota Department of Natural Resources,
Minnesota Department of Transportation) and comply with their conditions of approval.
Zumbro River Constructors shall apply for and receive an amendment to their existing
NPDES Phase II Construction Permit for the Trunk Highway 212 project from the Minnesota
Pollution Control Agency to incorporate a storm water pollution prevention plan for these
sites.
10. The applicant should review proposed slopes and runoff velocities for the site and provide
additional rock checks as an erosion control mechanism if needed. Rock checks proposed
within the right-of-way for Bluff Creek Drive must be reviewed and approved by the City
prior to installation.
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
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City Council Summary - August 28, 2006
Councilman Lundquist moved, Councilman Peterson seconded that the City Council denies
Planning Case #06-28 for Interim Use Permits to grade and fill properties identified as Site
#2 located southwest of Bluff Creek Drive, south of the Hennepin County Regional Trail
Corridor, and north of the Bluff Creek Inn. All voted in favor and the motion carried
unanimously with a vote of 4 to 0.
Councilman Lundquist moved, Councilwoman Tjornhom seconded that the City Council
table action on Planning Case #06-28 for Interim Use Permits to grade and fill Site 1 (1425
Bluff Creek Drive). All voted in favor, except Councilman Peterson who opposed, and the
motion carried with a vote of 3 to 1.
APPROVAL/CERTIFICATION OF MAXIMUM PROPOSED LEVY TO THE CARVER
COUNTY AUDITOR.
Todd Gerhardt presented the staff report on this item. After comments
by council the following motion was made.
Resolution #2006-64: Councilman Peterson moved, Councilwoman Tjornhom seconded
that the City Council approve the Resolution Adopting the Preliminary 2007 Budget and
Establishing Truth in Taxation Tax Levies for 2006, Collectible in 2007 in the amount of
$9,575,778. All voted in favor, except for Councilman Lundquist who opposed, and the
motion carried with a vote of 3 to 1.
COUNCIL PRESENTATIONS:
None.
ADMINISTRATIVE PRESENTATIONS:
Todd Gerhardt provided an update on the joint
th
meetings with City Council and commissioners on September 14.
CORRESPONDENCE DISCUSSION.
None.
Councilman Peterson moved, Councilman Lundquist 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 9:25 p.m.
Submitted by Todd Gerhardt
City Manager Prepared by Nann Opheim
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