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CC Minutes 01-24-2011Chanhassen City Council - January 24, 2011 Mayor Furlong: Alright. Everybody’s nodding their head. I like when that happens. Alright. Motion’s been made and seconded. Any other discussion? Hearing none we’ll proceed with the vote. Resolution#2011-04: Councilman McDonald moved, Councilwoman Tjornhom seconded that the City Council adopt the resolution ordering the preparation of plans and specifications for the 2011 Street Improvement Project 11-01 with the exception of the connection between Timberwood Drive and Stone Creek Court. Staff is directed to return with plans and options for an emergency only, break-away barrier to separate Timberwood Drive from Stone Creek Court and a condition that the home addresses and street name for Stone Creek Court not be disturbed. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Furlong: Thank you everyone. We appreciate your efforts. In light of the time let’s take a brief recess subject to the call of the Chair. Less than 5 minutes please. MINNETONKA MIDDLE SCHOOL WEST INTERIM USE PERMIT: CONSIDER APPROVAL OF INTERIM USE PERMIT FOR GRADING FOR TENNIS COURT CONSTRUCTION; 6421 HAZELTINE BOULEVARD; APPLICANT: INSPEC. Public Present: Name Address Mike Condon 5621 County Road 101, Minnetonka Cliff Buhman, Inspec 5801 Duluth Street, Minneapolis Paul Oehme: Mr. Mayor, City Council members. This item is again like you said, an Interim Use Permit for basically grading purposes for 5 additional tennis courts at the Middle School West campus. The reason for the Interim Use Permit is the requirement that because material is being graded on site in excess of 1,000 cubic yards, that kind of trips the City Code and requirements into requiring an Interim Use Permit so. With that being said the City Planning th Commission did review this item on their January 4 meeting and with a vote of 5 to 0 in favor of moving forward with the project. So just quickly the Minnetonka West Middle School is located just off of Trunk Highway 41, just south of Highway 7. There are currently 2 tennis courts positioned on the campus currently and the proposal is to add an additional 5 stalls or 5 tennis courts, mainly along the. Todd Gerhardt: That was the last report. Mayor Furlong: Those are big stalls. Paul Oehme: Along the trail section and in conjunction reconstructing the existing 2 tennis courts as well so the project from a staff’s perspective mainly consists of grading issues. Erosion control and water quantity discussions as well so staff has reviewed the applicant’s project and 51 Chanhassen City Council - January 24, 2011 application and has recommended 19 conditions for approval, and all these were approved at the Planning Commission. There is one additional condition that staff did hand out to the council. Number 20 and it reads, the applicant shall verify the tennis courts are outside easements and need a 15 foot setback. Basically this new tennis courts right here, it’s a little bit hard on the drawings to show that. To see that it meets our 15 foot setback so we just want them to make sure that, that condition is also met so. So the plans as brought forward by the applicant originally did have the storm water for the 5 courts basically coming into a storm water treatment pond here. Instead it’s staff’s recommendation to eliminate this section of storm sewer pipe and re-route it to an existing storm sewer system here and connect into the existing structure for maintenance purposes and eliminate as many inlets into a pond as you can basically for erosion purposes and maintenance so. The applicant has agreed to that change as well so with that the recommendation is shown here. The applicant is here if council does have questions and staff is here to answer any questions that you have as well so with that. Mayor Furlong: Thank you. Any questions for staff? Just one quick question. I’m looking at the, I guess it is the resolution. The interim use permit. This additional condition that you passed out I think is numbered with the staff report. Would that be included as a letter condition under number 3 on the resolution, or the interim use permit? Paul Oehme: It would have to be included as. Mayor Furlong: A (t) I assume. Paul Oehme: T. Right. Mayor Furlong: Am I looking at that correctly Ms. Aanenson? Kate Aanenson: It would be condition number 20 on the conditions of approval. Mayor Furlong: Right. I’m just looking at the interim use permit. It goes down. Those are lettered. Kate Aanenson: It should also be in there, that’s correct. Mayor Furlong: Okay, so this would be included as 20 in the staff and (t) in the Interim Use Permit. Kate Aanenson: That’s correct. Mayor Furlong: Okay, thank you. Alright. And by the tennis courts here on condition 20 we’re talking about the, what the closest to the fence or whatever, the closest. Kate Aanenson: Yeah, I’m double checking that the side yard setback if 15 feet. That fence is just about 13 feet away from that existing home. Just kind of reviewing that. We want to make sure it’s consistent. 52 Chanhassen City Council - January 24, 2011 Mayor Furlong: Okay, but it would be the fence post. Not necessarily. Kate Aanenson: That’s correct. The fence perimeter of the tennis court. Mayor Furlong: Okay, thank you. Any other questions for staff on this? The applicant’s here. Anything you’d like to address the council with? Mike Condon: We’re just here if you have any questions for us. Mayor Furlong: Alright. What was that Mr. Knutson? That’s fine. Any questions for the applicant? Mr. McDonald. Councilman McDonald: Since you came and you stayed you need at least one question. Once these things are put together, will they be open for the public you know during the weekends? Summers? How do you envision them being used? Mike Condon: That is the plan… Mayor Furlong: Excuse me sir, if you could step forward to the podium. Name and address for the record please. Mike Condon: My name is Mike Condon. Supervisor of Building and Grounds for Minnetonka Schools. Address that I’m here representing tonight is 6421 Hazeltine Boulevard. Mayor Furlong: Thank you. Mike Condon: That is the idea of the courts is to have them open, not only for the school day. Our tennis programs and our co-curriculum programs but also to the community. Councilman McDonald: Okay, thank you. Mike Condon: Yep, thank you. Mayor Furlong: Any other questions? The conditions on this interim use permit, are those standard conditions for similar type projects? Paul Oehme: More or less, yes. Mayor Furlong: More or less, okay. Thank you. Any other questions? Comments. Discussion or would somebody like to make a motion? Councilwoman Tjornhom. Councilwoman Tjornhom: I’d love to. I’d like to make a motion that the City Council approve the Interim Use Permit for grading for new court construction at Minnetonka Middle School West, plans prepared by Inspec dated December 3, 2010 subject to the following conditions of the staff report and adoption of the Findings of Fact. 53 Chanhassen City Council - January 24, 2011 Mayor Furlong: Thank you. Is there a second? Councilman McDonald: I’ll second. Mayor Furlong: Motion’s been made and seconded. Any discussion? Councilman McDonald: I’ve got a question for 20. Does that need to be included in here? Roger Knutson: It is included. Mayor Furlong: It is included because it was part of the staff report on the interim use. Thank you. Any other questions or discussion? Councilwoman Tjornhom moved, Councilman McDonald seconded that the City Council approve the interim use permit to permit site grading for the tennis courts subject to the following conditions and adoption of the Findings of Fact: 1.Adequate sediment and erosion control practices must be installed prior to any earth- disturbing activities. 2.All silt fence shall use metal t-posts and shall be consistent with City Detail Plate No. 5300. Include detail on sheet 5. 3.Rock construction entrance locations shall be shown on the plan and should be placed such that construction traffic does not cross the proposed infiltration areas. Rock construction entrances shall be consistent with City Detail Plate No. 5301. Include detail on sheet 5. 4.Infiltration areas shall be protected from sediment deposition and compaction resulting from construction equipment throughout construction. This must be noted on the plans along with all other areas to be protected. 5.Category 3 erosion control blanket shall be used on all disturbed slopes with positive flow to the pond unless sod is to be placed and staked. 6.The applicant is responsible for procurement of the NPDES General Permit to Discharge Stormwater Associated with Construction Activity prior to any earth-disturbing activities. A full SWPPP will need to be prepared and submitted to the City for review and approval prior to any earth-disturbing activities. The SWPPP must include all components identified in Parts III and IV of the permit. 7.Redundant erosion control measures shall be included at the two new inlets to the pond. Floating silt curtain should be used at the more southerly inlet but a second line of silt fence may be adequate at the other new inlet. 8.The infiltration design and maintenance shall be consistent with the 2008 Minnesota Stormwater Manual; in particular Chapter 12 and Appendix D. 54 Chanhassen City Council - January 24, 2011 9.Protection must be provided to assure that construction equipment is not tracked over the proposed infiltration areas, materials are not stockpiled in these areas and sediment deposition does not occur in these areas. This is most commonly accomplished through the use of silt fence. Further, this should be noted on the plan set, in the SWPPP and within the project specifications manual. 10.Infiltration features must be separated from the ground water by a minimum of three feet. Provide boring data to confirm this separation. 11.As the infiltrometer tests were performed approximately 60 feet west of the proposed infiltration area and the infiltration rates are under the optimal conditions, and likely to decline over time, a margin of safety shall be built into the design to account for a diminished infiltration. 12.To assure that the area drains in 48 hours or less, the system shall be designed with an underdrain and coarse aggregate storage as depicted in Appendix D of the Minnesota Stormwater Manual – “Bioretention/Infiltration/Filtration Facility”, page 723 of 885. This would likely satisfy the above condition. 13.CBMH 1 shall be moved northerly on the site and lowered so that the rim elevation is below 1060 feet. 14.The applicant shall relocate to proposed drain tile outlet for the four most easterly tennis courts. The new outlet shall be between the most southerly court and the next most southerly court. This shall then be connected to CBMH 2 and the outlet for this manhole shall then be sized accordingly. 15.A stable emergency overflow shall be provided from the easterly basin to the pond. 16.The applicant shall demonstrate how the filtration swales are to be vegetated. At a minimum, fescues and/or other deep-rooted grasses should be used to promote infiltration. 17.The new outlet elevations are shown to be 1046 feet. It appears that the ordinary high water level (OHW) is at 1045.4 and the normal water level (NWL) is at an unknown elevation but likely at or around 1043.5. The newly proposed outlet shall be set at the NWL. 18.The applicant or their consulting engineer shall develop an operations and maintenance manual for the infiltration/filtration features and that this includes some type of vegetative filter to provide pretreatment of the water entering the system. 19.The applicant shall provide a security in the amount of $4,000 to guarantee erosion control. Add the following condition: 55 Chanhassen City Council - January 24, 2011 20.The applicant shall verify that the tennis courts are outside any easements and meet the 15 foot side yard setback. All voted in favor and the motion carried unanimously with a vote of 5 to 0. CHES MAR REZONINGS AND PUD AMENDMENTS: CONSIDER APPROVAL OF ND REZONING PROPERTY WITHIN CHES MAR FARM, CHES MAR FARM 2 ADDITION AND CHES MAR TRAILS TO PLANNED UNIT DEVELOPMENT (PUD); APPLICANT: CITY OF CHANHASSEN. Kate Aanenson: Mayor, members of the City Council. This item appeared before the Planning th Commission on January 4 and they unanimously recommended approval 5-0. The Ches Mar Farm is located off of Hazeltine Boulevard, just north of Camp Tanadoona and south of the Minnewashta Regional Park. This area, the underlying area around this is zoned rural residential and does not have any utility services to it. This parcel was brought to our attention, the three parcels as the Ches Mar, was brought to our attention when someone called in for a zoning information and we realized some ambiguity in the three different plats so it’s before you today and really to simplify, similar to what we’ve done with the industrial property where we actually went back and had the PUD tied back to a specific, because there were no ordinances attached. We’re tying this back to the underlying rural residential but for a couple anomalies which I’ll speak to in a second. So the reason for the request is that we noticed the mapping area. Again we are the keeper of the mapping so if someone calls in to get zoning information for refinancing it needs to be correct and noted what their rights are with the property. So on researching these three plats the inconsistencies were determined and the purpose is to clarify the underlying zoning district, specifically the rural residential for the three parcels. The Ches Mar Farm, Ches nd Mar 2 Addition and Ches Mar Trails. Also within that the anomalies then would be, there is an existing stable on the property that, in that district, we’re going to make it, because it’s already there, an accessory use rather than a conditional use because as long as that property stays in the rural residential, that horse property will stay there. So these are the number of parcels that are involved in all of the rezoning in itself so there’s three outlots included in there, but they are different plats and that’s where the little mess occurred. So over time there was a couple of subdivisions in place for this parcel and to correct that we’re going to kind of go back through each of the different plats to show you how it worked and so these are the three parcels that were in place. The Ches Mar Farms, which had a number of properties on it, which I’ll go through in nd a minute. The Ches Mar Farms 2 Addition and then the Ches Mar Trails. So for the history of it the Ches Mar Farms in and of itself was done in April, 1986 and that was actually done because there was, it was an R-1 at that time. Was given a PUD to accommodate the fact there was multiple units out there. There were 12 parcels so I tried to parcel those out and in order to do that our ordinance allows for multiple units on one parcel using the PUD tool so it was done that. The problem that happened is it wasn’t tied to an underlying zoning. We couldn’t find that ordinance so to clarify too, before we did this rezoning with the Planning Commission, a notice went out to all the property owners explaining in detail what we intended to do and clarify. We met with all of those so some of them did show up to the Planning Commission but, so they were given a lot of notice and it does resolve some of their issues with the parcel in the fact that there are some non conforming uses on the property that will remain in place that we’ve addressed. So again it was a 12 acre parcel. It was split into 4 so each parcel had their own property. From that 56