CC Minutes 07-22-2013Chanhassen City Council – July 22, 2013
th
looking forward to assisting the city with the National Night Out on August 6 which is a big event for us
all and I know we have a lot of neighborhoods on tap and Beth does a wonderful job getting us engaged
with that, as I know a lot of you do too. We’re also going to be involved with the Miracles for Mitch
th
Triathlon on August 17 and a new event called the Tonka Mud Run which is being sponsored by a non-
profit that supports Children for Hunger worldwide and it’s a group that’s based in the, kind of the lake
region and they have secured the Lake Minnewashta Park to run this mud run and these mud runs are
these popular events that you see all around the country and so they’re using that sort of theme to try to
raise some funds for their fundraiser and they’ve asked for our support and so we’re going to help them
th
on the 24 of August. So take any questions.
Mayor Furlong: Great. Questions for Chief Wolff. Councilman McDonald.
Councilman McDonald: I just wanted to say that I appreciate the work you do and everything and we’ve
made comment before about those feedback cards and I really appreciate you continuing to put those in
because it does show the level of service and everything that we’ve giving to the community. And yeah,
the fact that you could contain the fire to the garage, whether it was luck or just you know your expertise,
we’ll go with that but I think that the community owes you a great deal of thanks and really appreciate the
work you’re doing so thank you. Keep it up.
Chief John Wolff: Thank you. We’ll take a little bit of luck when we get it.
Mayor Furlong: Okay. Any other comments? Very good, thank you.
Chief John Wolff: Thank you.
JEURISSEN FIRST ADDITION/CAMDEN RIDGE, 1500 PIONEER TRAIL:
A. JEURISSEN FIRST ADDITION, APPLICANT/OWNER: BRUCE JEURISSEN:
REQUEST FOR PRELIMINARY AND FINAL PLAT APPROVAL AND APPROVAL OF
DEVELOPMENT CONTRACT.
B. CAMDEN RIDGE, APPLICANT: LENNAR/OWNER: BRUCE JEURISSEN:
1) REQUEST FOR REZONING FROM AGRICULTURAL ESTATE (A2) TO
PLANNED UNIT DEVELOPMENT-RESIDENTIAL (PUD-R); PRELIMINARY
PLAT OF APPROXIMATELY 36.2 ACRES INTO 32 SINGLE FAMILY LOTS, 26
TWINHOME LOTS, AND 7 OUTLOTS; AND A CONDITIONAL USE PERMIT
TO ALLOW DEVELOPMENT WITHIN THE BLUFF CREEK OVERLAY
DISTRICT.
2) CONSIDER APPROVAL OF DEVELOPMENT CONTRACT FOR GRADING
PRIOR TO FINAL PLAT APPROVAL.
Mayor Furlong: We have a number of items here but let’s start with a staff report please, and Ms.
Aanenson maybe you can kind of explain through the different items that will be before the council this
evening.
Kate Aanenson: Thank you Mayor, members of the City Council. While this is one property there is a
couple different motions and through this presentation tonight you’ll see how they’re all inner related but
if it’s okay with you I think it’d be nice just to put it in one motion. They’re all intertwined. Inner
dependent on each other. So with that this application, it’s for a 36 acre parcel located in what we call the
7
Chanhassen City Council – July 22, 2013
2005 MUSA area located on 1500 Pioneer Trail. The request is for a rezoning from agricultural to a
PUD-R and a subdivision review with a conditional use permit. The subject site is zoned agricultural and
it is guided for medium density which means it has to have the minimum of 4 units an acre. Medium
density goes from 4 to 8 units an acre and this project is right at the 4 units. 4.03 units an acre. The
existing conditions on this property. The site currently gains access via Pioneer Trail, hence the address
through this access. There we go again. Thanks. Let me just go back here for a second. Okay, subject
site. 36 acres. And A2 and the medium density. So this is the existing conditions. Again the 36 acres.
The 1500 Pioneer Trail address is based on this current driveway access coming up. Going underneath
the 212 bridge and currently accesses the farm property this way and there’s a narrow, also another
driveway that services the property that’s being farmed in this area. So the creek separates the two so
topographically they’re different in how we saw them and through the Comprehensive Plan which I’ll
address in a little bit more detail. There are a lot of moving parts on this property and it tends to be more
complex in how it’s developed so there was this area did have an alternative urban review on it and
assessments were made on that and I’ll go through that in a little bit more detail. Access to the property.
The Bluff Creek corridor. The PUD requirements. The shoreland district requirements and then some
other issues that we want to address on that Outlot C which is why there’s a separate development
contract. I think the biggest difference on this project, which we haven’t done too much in the city where
you have an underlying property owner that’s selling a portion of the property for development. Holding
the rest in reserve and then dedicating a part of that to meet the requirements for that project, for the
subdivision to go forward and then preserving a part of that to be determined in the future and I’ll go into
more detail on that. So the alternative urban areawide assessment review for the 2005 area did one thing.
We had one project that came in, Liberty on Bluff Creek where we, that triggered the environmental
assessment. Instead of looking at that one piece in a vacuum, we studied that whole 600-700 acres and
decide what was the best way for that to get serviced. Not only through road access but also provide
sewer and water throughout this entire area so Liberty on Bluff Creek was the first project to go through.
Then we did get some entitlements on this property that we’re looking at today and that plat went away.
The Creekside plat which you have a copy, a picture in your staff report. That project also had close to
140 units on it. Then we look at Pioneer Pass. That one is underway. There’s very few lots left in that
th
subdivision and then finally the Preserve which you did just approve now. The 5 Addition on that plat
so those developments are moving along and selling out. The existing conditions, again let me just go
back a second for the assessments. Want to mention a couple things on the assessments and that’s in
detail in your staff report and that was, there was an assessment for the AUAR that was attributed to each
property so when those properties come in they’ll pay for that. Their portion based on the acreage. Then
there’s also assessments in detail regarding the sewer and water that would provide sewer and water, was
put in place that gives this property the ability to develop by putting that in. In addition the road, Bluff
Creek Drive is the access point, the main collector for these properties. So the assessments then would be
for, as they’re itemized in the staff report, for the MUSA expansion, Trunk 101, the Bluff Creek
improvements and then there’s a total assessment for the property based on the previous entitlement that
was given for this property, and I know you’ve had some discussions and there’s some correspondence in
your packet regarding that specific issue. So again the existing conditions on the site, when we looked at
the alternative areawide review and we looked at the, how this property would be developed. It wasn’t
ever contemplated that something on that lower bluff would be developed because of the steep slopes that
are identified here. The creek and the like so if we go back to this area here you can see how the Bluff
Creek goes through the entire length here. We’ve got the city trail that goes down. It will continue down
through that area but that was an area, because of the low lands and the flood plain down in the area
closer to 212 it was not contemplated that that would be developed. So the subdivision that’s moving
forward is actually on this top piece up in this area here, and then we have the separate outlot which I’ll
go through in a little bit more detail. So this project when we looked at it, it came in, again to meet the 4
units an acre they had, the applicant had looked at doing an RLM. Similar to what they had done over at
Reflections but that subdivision required numerous variances and the staff was uncomfortable giving that
many variances on that type of a project so we worked hard, and with their good engineering they put
8
Chanhassen City Council – July 22, 2013
together the PUD but the PUD also, same with the low density, there’s an expectation that with that
you’re providing some additional preservation of open space. Because the developer wanted to use
everything on the northern half of the creek, the preservation then, and to meet the shoreland regulations,
had to move to the south of the creek. So the development standards, intent, lot coverage are all set
forward in the PUD ordinance which is attached as a part of the staff report so we felt this was the best
tool to move forward. Again to meet not only the 4 units an acre but to provide the flexibility on those
lots. The applicant too has provided house sizes that we know can meet those lots on all those so if you
look at the twinhomes that are also on this project, it’d be similar to what they’ve done in Vasserman
Ridge where they have twinhomes and single family homes, same developer so we have a history of how
they’ve worked with that in the city. So the other issue then would be the shoreland district because Bluff
Creek segments the two pieces of property so there’s a shoreland district line. There’s a hard cover
requirement. Shoreland district calculations and then the total shoreland area has to be provided for. So
there’s a lot of engineering and a lot of calculations on this project. So then within the PUD this would be
the property that’s being developed so that plat shown on the northern part here would be the plat itself.
This Outlot B is required for dedication in order to one, accomplish the PUD ordinance and also to
accomplish the shoreland regulation requirements of that 50% open space so this is a required extraction
for preservation. We’ve shown the shoreland protection ordinance on line on that so that’s a requirement
for the lot sizes that have to go within that area. So Outlot C wants to be held by the underlying
developer. Excuse me, underlying property owner to be determined in the future. So as we stated in the
staff report, preservation of that, there is a farm road that gets to that property now. We have put together
in our ordinance what we believe is the right language for that access to get to that Outlot C and saying
that we want to see how that would be determined in the future. Again the original AUAR did not
contemplate this area being developed so we’re saying if it can be developed, you need to go back and
amend the AUAR and show us how we can get sewer and water and a road to that area. So this would be
st
the Jeurissen 1 Addition so this plat needs to happen, and again these need to happen simultaneously so
the development for Camden Ridge would be on Outlot A. Outlot B would then be the preservation area
needed for again the shoreland regs and the open space for the PUD and Outlot C would be still
maintained by the underlying property owner. So this would be the subdivision for Camden Ridge. So
this would actually be the plat. The developer also wants to proceed with grading so we’ve also included
in here another piece, just to keep it as simple as we can, another piece to keep the developer moving and
that would be a development contract to allow for grading but that development contract is also tied to
another project and that would be the property to the north to get access to this site, and that’s this piece
th
right here. With the 5 Addition this access is being platted. That gives them the ability to get down to
the property that they need to to grade so that also has to be executed because we cannot give them
grading permission until they have, so there’s actually dedicated right-of-way to get to that property. On
the subdivision itself there’s a 70 foot change in grade between the northern end and the southern end and
there’s some pretty substantial retaining walls in the area. The one retaining wall on the north is up to 9
feet in height in one area and it runs the length of 420 feet and that’s this area right here. And then the
one in the middle.
Mayor Furlong: I’m sorry.
Kate Aanenson: I’m sorry.
Mayor Furlong: Which area?
Kate Aanenson: Right here. Sorry, moved too quickly there.
Mayor Furlong: Thank you.
9
Chanhassen City Council – July 22, 2013
Kate Aanenson: About 420 feet up to 9 feet in height. This would be just south of the Fox parcel where
there’s a significant tree stand to the north so they actually moved that street down, preserving those
grades and then putting that retaining wall so again doing a lot of engineering. Looking at the best way
for the road configuration. Best layout for the lots. A lot of different designs and this seems to be the
best location for the roads and the configuration of the plat. The next retaining wall is in the middle of the
site here between the backs of these lots and that’s about up to about 3 feet in height and that’s about 287
feet long. So it goes back about 3 or 4 homes. And then there is another retaining wall around the
stormwater pond and that’s about 122 feet along the side here and that will also be fenced. We’re along
212 here so we’re anticipating providing additional buffer for noise attenuation along that side of the road
and then the other part of the grading, because this is, the conditional use requires if you’re grading within
the Bluff Creek area, that does require a conditional use so we want to control that. It appears that some
of the trail might be encroaching on some of that grading would be so that mitigate that but the other
recommendation we had on try and reduce that one recommendation would be change some of the,
whether it’s a walkout, lookout type home or providing some additional small walls. Again the condition
we have on those retaining walls is those belong to the homeowners association to maintain and not the
City so that would be a condition of that and that would be in the development contract. As I indicated
the conditional use is to cover those grading within the corridor on that map I just showed you and that
kind of follows, this is the primary corridor here. Again some of the city’s trail might contemplate edging
into that grading itself so that trail that we’ve got in place that goes up to, terminates right now as you go
underneath Bluff Creek would then come down. We’ve got a city stormwater pond with a connection of
th
the plat here on the Degler, the Preserve 5 then this trail would then continue on down until such time
that we connected to that property going to the south. Sewer and water, again would be coming off of
Bluff Creek Drive. As I indicated that’s part of the assessments that’s being paid for the, with this project
to cover those. I did want to comment on a stormwater fee on that. There’s a note that was brought to
our attention here at the end of the day. I’m on surface water management fees in your staff report and it
talks about treating the 16.05 and then there’s an assessable number of 17.05. I think it should maintain
the 16.05. The City Engineer’s looked at that so the calculations would change on that so the final fees
for the stormwater at final plat would be $104,930.25 so that would be a change in the conditions of
approval and into the development contract on that.
Todd Gerhardt: Which page Kate?
Kate Aanenson: I’m on page 16. The bottom of 16. Did you want anything else on that Paul?
Mayor Furlong: I’m sorry, the acreage is changing from 17.05 to?
Kate Aanenson: Well if you look at the top of page 17 it says 16.05 in the beginning of this document on
page 16 it says 16.05. There’s just one place where they use the math, that’s calculated at the 17.05 for
the acreages so I think that was.
Mayor Furlong: Okay.
Kate Aanenson: Did you have anything else to add on that Paul? Tree preservation. The areas that are in
the darker color are those areas to be removed and try obviously saving everything along the creek
corridor and then that as you move towards the property to the north, again trying to save those trees up in
that area. So again a landscaping plan that meets city ordinance. Again trying to continue. This is
MnDOT property along this area here. There’s a stormwater pond and a wetland up in here. Again try
and provide significant vegetation here where we can provide the buffer. I know that was some of the
challenge for the developer and their engineer to try to, on those lot configurations. They’re narrow but
they’re deeper, again to provide for that noise attenuation. A better buffer. Parks and recreation. This
neighborhood would then use the new Pioneer Pass park in this area here so the parks recommendation
10
Chanhassen City Council – July 22, 2013
then would be just take park and trail fees based on that number of units and that would be no additional
park with that. They would use the existing neighborhood park. So with that we are recommending the
st
final plat for Jeurissen 1 Addition and a development contract, the rezoning of the subdivision, and
conditional use permit for Camden Ridge and then development subject to the conditions of approval of
the staff report. In addition I would also recommend that you approve the A, B. A and B, 1 and 2 with
the only modification then would be the stormwater fees. And I’d be happy to answer any questions that
you have.
Mayor Furlong: Thank you. Questions for staff at this time?
Councilman Laufenburger: I have Mr. Mayor.
Mayor Furlong: Yes, Councilman Laufenburger.
Councilman Laufenburger: Kate can you go back to an overlay that shows Outlots B and C kind of in a
raw?
Kate Aanenson: Can you see that?
Councilman Laufenburger: Yeah that’s good. Okay. Outlot B, right there. Just a little bit south of
where your arrow is. There, that area. Is that part of what you described as flood plain?
Kate Aanenson: As you get down towards the bottom part it’s called Zone A. I think it might be helpful
if we look at this, the topography here.
Councilman Laufenburger: Okay, that’s fine.
Kate Aanenson: So it’s just kind of more illustrative to kind of understand. So if you look at where the
development’s occurring up in this top part here.
Councilman Laufenburger: Right, and that would be north of the creek correct?
Kate Aanenson: Correct. The creek runs right through here.
Councilman Laufenburger: Yeah.
Kate Aanenson: So then you’ve got the shoreland and then this area on the south side where the trees are,
in this area here, would be Outlot B and then the current farming operation would continue then on this
portion here.
Councilman Laufenburger: Okay.
Kate Aanenson: With a continued access through the, through some of that preservation area so one of
our conditions then was to define how that access is being used because again that Outlot B needs to be
dedicated.
Councilman Laufenburger: When you say dedicated, it needs to be specifically dedicated as shoreland.
Kate Aanenson: Preservation.
Councilman Laufenburger: Does it become city. Preservation, right. Not conservation but preservation.
11
Chanhassen City Council – July 22, 2013
Kate Aanenson: Preservation, right. For the PUD.
Councilman Laufenburger: So where you have, where you have the little finger right now, that land is not
being worked by the property owner, correct?
Kate Aanenson: Correct.
Councilman Laufenburger: And so the determination has been made that that area specifically straight
south of the word creek, as I’m looking at it. Right, straight south. That would be part of Outlot B but
not Outlot C?
Kate Aanenson: Correct. I’m not sure this, I’ve got this exactly where they’re showing all of Outlot C.
If that’s exact definition there.
Councilman Laufenburger: Okay. It just seemed to me that there was a large portion of land south of the
creek that you were including as Outlot B versus Outlot C.
Kate Aanenson: No.
Councilman Laufenburger: Okay. Right there.
Kate Aanenson: Yeah, I’ve got the acreage in the staff report here.
Mayor Furlong: What page is that on for the?
Kate Aanenson: Oh I’ve got to go back to that drawing, thank you.
Councilman Laufenburger: This portion right here seems like, why is this portion part of that creek area?
There. Yeah, I’m thinking of specifically you’re taking a large, Kate you know the topography. You
folks have done this.
Kate Aanenson: Yes.
Councilman Laufenburger: So if, it just looks like that little trapezoid or whatever, parallelogram that’s
part of Outlot B could just as well be part of Outlot C.
Kate Aanenson: It could be. It could be. Well again if you look at what we contemplated in the, when
we did the original environmental documents for this, we didn’t contemplate any development below the
creek.
Councilman Laufenburger: Okay.
Kate Aanenson: And actually the other uses for this could be, it could be for an enhanced wetland, which
the other project contemplated. Providing better water quantity and quality and enhancing that. The
natural features in that area. I think the developer was reluctant to dedicate that entire amount but we felt
it could be I think in, and so we said that we would at this time hold any opinion on that until they would
go through the demonstrate that it could be buildable. That you could get access to it. If you look at the
area to the, let me go to the map here again. If you look at this overall area, there is significant grades
coming in this way. And then from the south. Significant grades. There is a development, or anticipated
development potentially a cul-de-sac coming in here.
12
Chanhassen City Council – July 22, 2013
Councilman Laufenburger: In there? Okay.
Kate Aanenson: But whether that can make it all the way up here, we don’t know.
Councilman Laufenburger: Okay.
Kate Aanenson: Again whether or not that still can meet sewer and water availability, we still don’t
know. So that would have to be an amendment, a decision to be made later. Meanwhile we have a
developer that would like to proceed so we’re saying well, we’re not, we never anticipated that. We don’t
believe it can be but if the developer wants to demonstrate it can be we’ll listen to that but we don’t know.
st
Councilman Laufenburger: Okay. So just for my simple mind, Jeurissen 1 Addition is the development
of Outlot A?
Kate Aanenson: Correct.
Councilman Laufenburger: Thank you.
Kate Aanenson: Well no, it’s actually three lots. So Jeurissen creates outlot, Jeurissen Addition creates 3
lots.
Councilman Laufenburger: Only one of which is scheduled for development at this time.
Kate Aanenson: Correct but Outlot B must be dedicated too.
Councilman Laufenburger: Okay, so it’s not going to be developed. It must be dedicated at this time.
Kate Aanenson: Correct. That’s how they’re all intertwined, correct.
Mayor Furlong: And I guess going back to that with regard to Outlot B, I think that slide right there says
there’s a requirement as part of the PUD. Is that part of the PUD ordinance that requires the?
Kate Aanenson: Yes. Shoreland and the PUD ordinance requires that preservation. In order to get the
PUD you have to give us, you know the first item is you’re preserving something. You’re doing
something different otherwise this would be a standard subdivision. What you’re preserving is the other
side of the creek, which probably isn’t buildable anyways but you’re preserving something.
Mayor Furlong: And so with Outlot B, that’s not 50% of A so.
Kate Aanenson: No.
Mayor Furlong: So when you talk about open space, what is it, where do you get 50% open space from
there? Is that from area calculations?
Kate Aanenson: Yeah. It actually includes all the other outlots up here too, which would include this
outlot here.
Mayor Furlong: Okay.
Kate Aanenson: And the stormwater ponds, it includes all these little outlot pieces.
13
Chanhassen City Council – July 22, 2013
Mayor Furlong: Okay. Alright, and so the size of B gets the entire development up to that 50%.
Kate Aanenson: Just makes us to the 50%.
Councilman Laufenburger: Yeah, okay. That explains it. Thanks Kate.
Kate Aanenson: I’m sorry, I didn’t understand your question.
Mayor Furlong: Other questions for staff at this time? Councilwoman Tjornhom.
Councilwoman Tjornhom: In the staff report I know there was some discrepancy about borders and
exactly figuring out where the Bluff Creek Overlay started and ended and I think the last council meeting
or two council meetings we had that same discrepancy so can you kind of go through who and how these
lines get determined?
Kate Aanenson: Sure. On the last one, the staff did not make the applicant do a delineation of that which
is, because we thought by taking the other we had accomplished that. In this circumstance we actually
had them provide that, delineate that. Typically we walk those so it’s kind of prima fascia evidence. You
go out there and you look and see you know where the water, actually the wetland boundary is. Are there
significant slopes. Anything over 30% you can’t build on so you try to finalized or fine tune that line.
What we say on our official document is that we believe this is the starting place for the overlay district
but certainly there’s other evidence that can say that you know it’s been modified or altered or it’s, we can
move that so.
Councilwoman Tjornhom: Can you tell me, does it matter what time of year you’re looking?
Kate Aanenson: Well I’ll let the City Engineer but you know as far as the slopes and the trees it’s not
going to matter. You know the hydrology issue but I think the engineers know how to calculate for that.
Paul Oehme: Typically when we’re delineating wetlands it’s during the summer months and there’s a set
point in the fall where you typically cannot get a good calculation or good determination of wetland
location so there is a time of the year where it’s most appropriate for determining those wetlands and then
the setbacks and the delineations.
Councilwoman Tjornhom: And so does staff only determine those boundaries when a development is in
front of you or do you just kind of already have a map of that whole district?
Paul Oehme: Well we’ve got a general idea of where the wetlands are through our Carver County but to
delineate specifically wetlands, we always work with the developer to determine those delineations
specifically.
Kate Aanenson: Otherwise there’s other areas that are not wetlands, so I be clear on that, are also in the
Overlay District. Sometimes it can be a steep slope. Heavily wooded area so that’s something that we
would work then to negotiate with the property owner to say well, you’re getting more hard cover but in
fact if you preserve these trees you can use that as your green space. So that would go towards your, if
you’re doing a PUD or something, towards your required hard cover so that’s a project by project. If you
go back when we originally put this in place, we looked at trying to you know try to purchase all that. We
decided we’d do it incrementally as we look at each project to say what makes sense under each project.
Is it something we would alter? Something that we maybe not feel as strongly about when it comes in but
we look at those on a case by case basis so that’s why we didn’t do them all at once.
14
Chanhassen City Council – July 22, 2013
Mayor Furlong: Okay. Councilwoman Ernst.
Councilwoman Ernst: Yeah Kate, can you tell me how the percentage rate was derived at? I mean how.
Kate Aanenson: Percentage rate? For the assessments?
Councilwoman Ernst: Yes.
Kate Aanenson: I’ll let the City Engineer.
Councilwoman Ernst: The 6%.
Mayor Furlong: The interest rate?
Councilwoman Ernst: Yeah.
Paul Oehme: The interest rate?
Councilwoman Ernst: Sorry. Sorry, I meant the interest rate, right.
Paul Oehme: That was determined boy back in 2005-2006 when that project went through. Staff and the
finance department and our bonding agencies looked at what was the appropriate assessment amount and
the payback times and the 6% was the number that was determined. I can’t remember the specifics of
both but with the interest rates, back in the prime rate was back in that time but that’s the number that was
originally, or was set on for the interest rate for the assessments.
Councilwoman Ernst: So for the piece of the property that has no access to it, we’re charging 6% interest
for that property, is that correct?
Paul Oehme: It was an area calculation for the assessments. There was actually 3 assessments for this
parcel. For this area to development back in 2005-2006-2007 so we had to look at it on a systematic
methodology where we looked at how much potential developable square acreage is under these, or is in
each of the parcels that were being looked at for development. We looked at how much preliminary
amount of wetland that we could determine were on each of these parcels. We took that out of the
assessment calculations and then we looked at right-of-way as well for primarily the Bluff Creek
Boulevard right-of-way so if there’s a parcel that was looked at for development that was being assessed,
we took out the right-of-way for that piece so that’s generally how the assessments were looked at. You
know this parcel originally was looked at for more higher density and there was you know talk about
density transfers to make those assessments work so in the area calculation so that was the methodology
that we used. Again we try to standardize our methodology and our assessment practice for each of these
parcels and that’s how assessments were originally calculated.
Councilwoman Ernst: But is that common practice we would charge an interest rate such as this on
property that really has no access?
Paul Oehme: Well I mean.
Councilwoman Ernst: For a parcel like this.
15
Chanhassen City Council – July 22, 2013
Paul Oehme: You know we’ve charged 6%, 7% in the past for assessments for developments too so the
interest rate back in 2005 I think was appropriate.
Mayor Furlong: Mr. Oehme, just for clarification. The 6% interest is an annual interest rate on the
assessment that’s, the unpaid assessment, correct?
Paul Oehme: Correct.
Mayor Furlong: So it’s basically an interest charge on the assessed amount that’s unpaid.
Paul Oehme: Correct. Correct.
Mayor Furlong: Okay.
Councilwoman Ernst: And that’s the 600 and some thousand dollars.
Mayor Furlong: That’s would be the assessed amount perhaps with accrued interest.
Paul Oehme: Exactly. That’s what.
Mayor Furlong: So that’s the interest, Mr. McDonald.
Councilman McDonald: Yeah I think the question is, and it’s no so much the interest rate but why was
that property even assessed if it’s not buildable?
Paul Oehme: Well I think it goes back to, again to what the AUAR had talked about the MUSA and what
our original guidance of that property was.
Kate Aanenson: This is what the project was assessed. This is what the assessment went onto this project
so there was entitlement on that project. It did receive preliminary plat approval so this is the project, 146
units. There was a viable project that was in place and that project didn’t come to fruition but that project
was.
Councilman McDonald: But at that point that’s not Outlot C.
Kate Aanenson: They did the density transfer so they took what they could and put it up here. Could
they have maximized even more? Yes but they didn’t at that time so. Again this project is coming under
less than that. They’ve chosen to go with the 4, the minimum 4 units for the project that they want to do
so that could affect it too depending on the number of units you have so.
Councilman McDonald: So actually the project changed from 2006 to today but our practice is to assess
when you bring the project in.
Paul Oehme: Right. We had to recoup our costs for the infrastructure put in to service and develop these
parcels.
Mayor Furlong: What’s being described as Outlot C today, was there any expectation of development
occurring on that back when the AUAR was completed? I thought I heard you say that there…
Kate Aanenson: No, it was always intended that if there’s something that could be built on there because
there was limited access, that it’d be transferred up to the north side.
16
Chanhassen City Council – July 22, 2013
Mayor Furlong: Okay, so there would be no expectation of development on Outlot C.
Kate Aanenson: Correct. That was always the intention on the environmental.
Mayor Furlong: And that’s what was included in the AUAR.
Kate Aanenson: Correct.
Mayor Furlong: When that was developed.
Todd Gerhardt: Mayor, council if I could add on the interest rates back in 2006 prime was anywhere
from 7 1/2 to 8 percent. So our practice is typically 2 percent above prime now so back then my guess it
was 2% above what we may have issued bonds for.
Mayor Furlong: Other questions for staff at this point?
Councilwoman Tjornhom: Just one more.
Mayor Furlong: No, that’s fine.
Councilwoman Tjornhom: We’re you know going to be doing a PUD on this property and usually that
means that we get a little something more than we normally would so tell me how we are benefitting, if
that’s a fair question.
Kate Aanenson: It’s a very good question. Which is why we thought preserving that southern piece, that
would have for us.
Councilwoman Tjornhom: Outlot C.
Kate Aanenson: Outlot C.
Councilwoman Tjornhom: And B.
Kate Aanenson: And B, right. That was our original direction. The developer, working with the
underlying property owner didn’t want to do that. I think we don’t know again if Outlot C can get access
to it. Can get sewer and water to it so we’ve just taken the position that maybe at a future date it, it just
continues to be farmed or becomes a wetland or something else, or the underlying property owner can
demonstrate that he can get access to it and can get sewer and water to it, then maybe it could be
developed. But you’re at the minimum for the requirements for the 50%. It’s at the minimum.
Councilwoman Tjornhom: Okay.
Mayor Furlong: Councilwoman Ernst.
Councilwoman Ernst: Sorry. Kate one more question. So can you tell me if there is anything that we,
the City could have done in this situation to have avoided being in this type of a situation?
Kate Aanenson: Well.
Councilwoman Ernst: I know it’s kind of a loaded question.
17
Chanhassen City Council – July 22, 2013
Kate Aanenson: Well the developer chose, the person that had the property chose not to go through
forward and sometimes that happens. While you could have come in with a different project on this site
too. Somebody could have come in with townhouses or higher density and then this you know, a lot of
different scenarios could have happened. We don’t control that part of the market and that happened with
the turn down so.
Councilwoman Ernst: And I’m thinking of that little parcel.
Kate Aanenson: Oh.
Mayor Furlong: Which one? C or?
Kate Aanenson: The access.
Councilwoman Ernst: Yeah.
Mayor Furlong: This?
Councilwoman Ernst: Right.
Mayor Furlong: Yeah I guess I had a question on that too. Is that that, is that what’s being referred to in,
the primary access is from that road right there that you’re drawing now.
Kate Aanenson: Correct.
Mayor Furlong: But the staff report talks about this development, the road’s being longer than what’s
allowed under current ordinance. And I guess my question is, when the first development came through,
the Creekside, we had a second access there. A full street access up to the property to the north.
Kate Aanenson: I don’t believe so. That was a lot of discussion. If you remember we had quite a few
discussions with the property owner to the north regarding that.
Mayor Furlong: Absolutely but I think, if you go back.
Kate Aanenson: To that drawing?
Mayor Furlong: To that drawing. There. There was a lot of discussion but I think in the end, this was
approved with this access.
Kate Aanenson: I just want to be clear that this is just illustrative. I’m not sure this is the plat.
Mayor Furlong: Understand.
Kate Aanenson: And if we can go back really quickly, just to make sure that we’re all on the same page
on this. If we go back to this map here. The complexity here is, you’re mixing two different zoning
districts. The property to the north, we’ve looked at it could be regional commercial or an office park.
Either one. Different types of uses. That you don’t want cut through traffic. But the bigger issue is, this
is owned by MnDOT, this triangle piece and then this is a wetland. It’s not a stormwater pond so we
were trying to hug the bottom of this property as we go through that as a 30 foot right-of-way in our mind
and then emergency access with you know 7 ton design, 20 foot of pavement width just to get through
18
Chanhassen City Council – July 22, 2013
there because we’d have to work with MnDOT when we’re adjacent to that wetland. In looking back
through the notes, I did go back and look through what we had for discussion. I know Mr. Fox had
discussions with Mr. Chigelo at that time talking about access to, how would this property be served
coming from the south or to the north and little more problematic trying to go along some of that MnDOT
right-of-way so I think hugging that, which is what we needed for emergency access was what the staff
felt would be sufficient as did the fire marshal. And reduce the number of units too. So if you go back to
the first one, excuse me, 146. Now we’re down to 50 something so.
Mayor Furlong: Right but I think, so part of this is we really don’t know what’s going to happen up to the
north.
Councilwoman Ernst: Right.
Mayor Furlong: And part of my concern is that they, you know the ordinance is in place to minimize, and
this goes back to I think that ordinance came in after what was Yoberry at the time that was coming
through the development.
Kate Aanenson: Yeah.
Mayor Furlong: And the issues we had there and then the council after that said, you know let’s put some
limits on that. To me I think right now there’s no, there’s nothing up north. There’s no way to access this
development from the north anyway until something develops to the north but I think we should at least
preserve the full right-of-way on this and it looks like, if you go back to the site plan for this
development.
Kate Aanenson: Sure.
Mayor Furlong: And again we can, just any of those is fine. There seems to be plenty of space with those
outlots there with the lot to the east of that to be able to preserve the right-of-way for future access,
depending on what it is so what I’m saying is reserve it now to a full public street right-of-way that’s
typical and then evaluate what’s going to happen.
Kate Aanenson: Sure. I would just add on that, I’d let the engineer address that but it’s terribly steep
right through here. That’s why they made this lot so big so whether or not we can make that happen,
because there’s a substantial retaining wall in that area too so I’ll let their engineer address that, if that’s
alright when they come up to speak.
Mayor Furlong: Oh, their engineer?
Kate Aanenson: Yep. Just to, yeah just I think…
Mayor Furlong: And that’s fine and I realize it’s not…
Kate Aanenson: No, because we went back and forth on this issue and I mean I think Mr. Polta examined
it pretty closely. I just want to make sure we all understand the complexity of that issue so.
Mayor Furlong: And that’s fine. We’ll defer to that. I just think there’s good public value for
connecting, keeping the option open in the future to connect neighborhoods.
Kate Aanenson: Agreed.
19
Chanhassen City Council – July 22, 2013
Mayor Furlong: So Mr. Laufenburger.
Councilman Laufenburger: Thank you Mr. Mayor. Kate can you go back to the Creekside, just for a
second? The photo you had there. So do I understand correctly that the, I realize this was never
developed but it was, was this the basis for the assessments?
Kate Aanenson: Correct.
Councilman Laufenburger: Okay. And the basis for these assessments included the transfer of density
from what we are now calling Outlot B and C into current Outlot A, is that correct?
Kate Aanenson: I’ll let Paul answer that question.
Paul Oehme: The density from.
Councilman Laufenburger: The density from B and C was transferred up into the top in order to, and then
that was, the assessment was based essentially on the entire property.
Kate Aanenson: Correct.
Paul Oehme: It was minus, I would just clarify, minus the wetlands that were known at that time so
basically all of B, most of Outlot B has wetlands associated with it so there’s a substantial amount of
acreage there that was also deducted from the assessment acreage. So mainly C.
Councilman Laufenburger: Okay. So if the assessments which we are asking to be paid when this goes
to development or goes to.
Kate Aanenson: Final plat.
Councilman Laufenburger: Final plat, which is what we’re going to be voting on tonight, is that correct
Kate?
Kate Aanenson: You’re working on preliminary plat now.
Councilman Laufenburger: Okay, but if at some point in the future it’s determined that Outlot C can
support some development, do we assume correctly that those assessments have already been paid?
Paul Oehme: Yes. Correct. That’s our recommendation is to have the assessments paid for Outlot A all
at this time.
Councilman Laufenburger: Okay. And that would include, so the benefit, I don’t want to say this
incorrectly. The benefit would be that if Outlot C ever is developed they would be developed without any
further assessments due to the City, is that correct?
Paul Oehme: Correct.
Mayor Furlong: For the assessments that were already, Bluff Creek Drive.
Paul Oehme: Right.
Mayor Furlong: The AUAR costs for those.
20
Chanhassen City Council – July 22, 2013
Councilman Laufenburger: If there was other activities or other things outside of what was covered, then
those would be assessed.
Paul Oehme: Right. The assessments are currently levied against this property owner, or the property
would be all paid off.
Councilman Laufenburger: And those levies, those were identified in the staff report as the MUSA,
Trunk Highway 101/Lyman and the Bluff Creek Boulevard.
Paul Oehme: Correct, those three.
Kate Aanenson: Right because there may be additional trunk charges to hook up somewhere else.
Paul Oehme: Correct.
Councilman Laufenburger: Okay.
Councilman McDonald: But maybe if I could, okay you say that he wouldn’t owe any but by my
calculations he would. You took a density transfer out of Outlot C in order to allow this development to
be made. Now we are releasing Outlot C. He still gets his development based upon lower density at this
point so the area that it was calculated for is still the same. That hasn’t changed. We’ve just released
Outlot C. If it’s ever developed in the future as part of anything else, it should be assessed because at that
point you’re now allowing development to occur on that particular outlot. So I don’t see how, granted
with this development it was paid for but now you’re releasing it so it doesn’t make any difference. It
was to try to get this development developed.
Paul Oehme: Correct.
Councilman McDonald: And you needed the density transfer. Now you no longer need the density
transfer but you’re still assessing the same area with lower density in the development so you don’t need
Outlot C so we’re releasing it so that in the future if you want to develop it you can but if you do then it
should be assessed because now you’re going to have to bring sewer and water into Outlot C. Am I
correct in that or?
Todd Gerhardt: Yeah and you know, right now staff has deemed Outlot C as undevelopable and the
AUAR that we did in the area called it as undevelopable. We did the calculations for Bluff Creek Drive,
or Boulevard based on an acreage basis and subtracted out wetlands and so how you spread those
assessments can only go to the parcel that’s developable. You put them on Parcel C, you don’t know if
it’s developable so you know down the line if it is, then depending on where sewer and water and access
is going to be gained, that will be the cost beared by that development.
Councilman McDonald: Right because at this point the only way you’re going to develop that, you’re
going to have to come in from the south. You can’t come in from the north. You can’t come in from the,
well actually it’s what, the southwest. You can’t come in underneath the bridge on 212 so you’re barred
from that. You can’t come in directly to the west because there’s lots already there so you’ve only got
one area of access and that’s through another piece of property that they wanted to develop that and
include what is now Outlot C, you’ve still got to get sewer and water up there so there should be an
assessment for that because the original calculation was not made to get water and sewer into Outlot C.
21
Chanhassen City Council – July 22, 2013
Todd Gerhardt: Correct.
Mayor Furlong: And I think Mr. McDonald, if the City puts sewer and water in to someplace, we will
assess for that. Obviously these assessments were not related to sewer and water type assessments. It
was for the planning and the construction of Bluff Creek Boulevard and for the other components but
what I heard Mr. Gerhardt say, correct me if I’m wrong, is that it was based upon developable area. Not
necessarily the density within that area, right?
Kate Aanenson: Correct.
Mayor Furlong: Is that correct? So the fact that there was some density transfer from C, or what today is
we’re calling C up to A would not have affected, it doesn’t effect the area because the area is still the
same.
Councilman McDonald: Right, the area is still the same.
Mayor Furlong: So what I’m hearing is, what was assessed is effectively based upon the area within
Outlot A today, which is what staff is recommending should be the part that gets paid. So there was no.
Councilman McDonald: I think we’re talking about two different assessments then aren’t we?
Mayor Furlong: Well the assessment, maybe backing up then. The assessment that was put on the
property back a number of years ago, which has been accruing that 6% interest related to what? It was
the AUAR cost, Ms. Aanenson.
Kate Aanenson: Yes, it’s on page 7. So it’s the 2005 MUSA expansion. Trunk 101/Lyman Boulevard.
Bluff Creek Boulevard improvements, which did include the trunk sewer and water and road because you
need that road and that sewer and water to get, to be able to develop this piece.
Mayor Furlong: To service Outlot A.
Kate Aanenson: Correct. Yeah, correct. So those are the assessments. So then there’s a total so those
would be the three.
Mayor Furlong: And what I’m hearing here is all of those assessments relate to what’s currently being
proposed to be developed. Is that?
Kate Aanenson: That’s our opinion, correct.
Mayor Furlong: Okay. And I’m sure we’ll hear from the developer as well.
Councilman Laufenburger: So Mr. Mayor, just one more question. So on page 7 Kate, specifically it
shows that the Bluff Creek Boulevard improvements, that assessment of $601,212.65, if those
st
assessments were made today on Jeurissen 1 Outlot A as compared to Liberty at Creekside, which was in
2006, would those assessments be identical today that they were back then?
Kate Aanenson: Yes.
Councilman Laufenburger: Okay there. That answers it for me.
22
Chanhassen City Council – July 22, 2013
Mayor Furlong: Okay. Any other questions? If not I do want to invite the applicant, or their
representatives to come forward and they may have some comments on these and other aspects.
Kate Aanenson: There’s kind of co-applicants here. You have the underlying property owner, Mr.
Jeurissen and then you have Lennar representing their plat so, I don’t know how you.
Mayor Furlong: Great. I’ll defer to the two parties to who wants to speak first because we’re interested
in what you both have to say.
John Chadwick: Thank you very much folks. I’m John Chadwick. I have a little handout here. I’ll start
that first. My name is John Chadwick. I’m here on behalf of the landowner, Bruce Jeurissen. I reside at
4477 Manitou Road, Excelsior, Minnesota. It’s good to be here. I’ve been here before on behalf of other
landowners and you know seeing the fire folks and the police folks up here reminds me what a great
country we live in and we have the right of freedom of speech and that’s what I’m intending to exercise
tonight. The right of dissent. The right of public assembly. All those good things and I also know that
we only know what we know. We only know what people tell us. That’s the basis here and so with that
in mind there are a couple issues that I’d like to take up on behalf of Mr. Jeurissen, who’s with us tonight.
Thank you Lennar folks for letting me go first. I don’t know if that’s right or wrong but anyway thank
you. The first one, if you read there in item 15 you have an item 15. I think it’s probably on page 28 of
your handout. Page 28 and it talks about the language on the, how do you get in there to Outlot C and it
says that it must be closed. I mean that’s the first line and then it says you have to keep using it and so I
have offered up some revised language and Kate if you could go back to existing conditions. That one
that had kind of the topographic to it and you can kind of see, there’s a roadway going in and then there’s
the driveway that’s owned, Outlot D and it comes in like this and there’s a park that goes north to Outlot
A. Yep, close that. Absolutely makes sense. Going back to the west Outlot, if you’re going to Outlot B
and C’s, well it says to keep that open but I didn’t feel that that language was particularly clear as written.
I did offer up this language earlier in the day. It didn’t I guess meet muster but I’m offering it up again. I
learned at 4:51 today that it didn’t meet muster so anyway there it is. We’re just trying to be real clear.
Yep, knock her out for Outlot A. I get that. Yes, we need to keep it open for Outlots B and C and there is
a driveway easement. Excuse me, a driveway access permit that Mr. Jeurissen has with MnDOT and that
is what allows him to get that equipment in and out and underneath Highway 212 and so together with his
Outlot D that he owns. That driveway that comes in off of Pioneer, and this driveway permit that he has,
that’s what allows him to get into B. There’s nothing else to close as regards to B and C.
Mayor Furlong: Can we just take maybe these one at a time.
John Chadwick: Please.
Mayor Furlong: I guess Ms. Aanenson your comments or thoughts on the proposed changes.
Councilwoman Tjornhom: Before is there a better map that we can see that, those driveways better?
Kate Aanenson: I can blow that up.
Councilwoman Tjornhom: Thank you. That helps me a lot.
Kate Aanenson: So when you come under 212, the road splits going to the north. That road will be
vacated because it’s being platted. Everything going to the north. This is the road we want, this is the
road we want. This road is going over the southern area that’s being preserved. Outlot B and we just
want to put limitations on that so it’s, since it’s a preservation area to meet the intent of the shoreland
district and the PUD that it’s limited for farm practices and a certain width and that’s what we put in
23
Chanhassen City Council – July 22, 2013
there. I think based on the plat being approved, I can check with the City Attorney but with the plat being
approved, the northern access is going away because you’re approving a plat over that so I don’t know if
it’s redundant or if it’s necessary but.
John Chadwick: Oh that’s correct, yes.
Mayor Furlong: And I guess I’m concerned why you want to close the access to A just at this time. You
have the words at this time which implies to me that at a future time you would open that up under your
proposed changes.
John Chadwick: Oh, well it just said it must be closed. Before it didn’t say when.
Kate Aanenson: Well once you record the plat then I’m assuming that the property would then transfer to
the Lennar and they would have control over that, and you’re on this portion of MnDOT’s right-of-way
on that so I’m assuming that would go away.
Todd Gerhardt: Mayor, council. Maybe if the existing driveway access to Trunk Highway 212 must be
closed with the exception of the, for exception for the use for agricultural purposes only.
Mayor Furlong: To Outlot C.
Todd Gerhardt: Correct.
Mayor Furlong: Since Outlot B’s going to be dedicated.
Todd Gerhardt: Yeah, just put the word exception in there for agricultural purposes.
Kate Aanenson: And we did specify with on that too.
Mayor Furlong: I’m sorry.
Todd Gerhardt: Except for agricultural purposes.
Kate Aanenson: Can I get clarification what number you’re on, I’m sorry.
Todd Gerhardt: 28 of 32, 15.
John Chadwick: Item 15.
Mayor Furlong: Page 28.
Kate Aanenson: Okay, I’m having a hard time following, I’m sorry. Okay. Yeah, so we did specify too
the width of that, and I’m not sure if that’s covered in this one or not. That’s what I was trying to.
John Chadwick: Yes I think it is.
Mayor Furlong: So I’m sorry, the suggested language Mr. Gerhardt is modifying the staff’s proposed
condition and that is how?
Todd Gerhardt: Put in the words, for the exception of agricultural purposes only.
24
Chanhassen City Council – July 22, 2013
Mayor Furlong: Where are you putting that in?
Todd Gerhardt: Taking out this access may be used for.
Mayor Furlong: Okay.
Todd Gerhardt: Except for agricultural purposes. He needs to go across Outlot B and we’ve decided 26
feet would be appropriate.
Mayor Furlong: Okay, is that, Mr. Chadwick is that acceptable?
John Chadwick: 26? Agricultural? We’d be able to get in across…
Mayor Furlong: You had 26 in your proposal.
John Chadwick: Oh, for what purpose. Yeah the question I guess comes up, it’s agricultural. What’s
permitted under your code now and why would you change that? Access today is now permitted for in
the code.
Kate Aanenson: Well I guess we were concerned if it would become a grading operation. You could go
sorting of materials on there. Something like that so.
John Chadwick: And that’s permitted.
Mayor Furlong: What is that, Outlot C is currently zoned what?
Kate Aanenson: Agricultural.
Mayor Furlong: Agricultural so I’m assuming with this plat, anything allowed under agricultural would
still be allowed and if there are changes there are changes. But that would be to any agricultural zoning in
the city.
John Chadwick: So would it be fair to say that the zoning is agricultural and whatever purposes are
allowed under agricultural would be allowed, or I mean that’s what I would think. You enforce the same
code on everybody across the whole community as opposed to just singling one guy out and say you can
only do.
Kate Aanenson: Well let me just clarify that for a second because it is being farmed my concern would
be if we operated a mining operation or something, we’ve got all that traffic going underneath something
that maybe wasn’t designed. How it’s being accessed now is for agricultural purposes. I’m not sure that
easement’s designed, if it became some other use under the agricultural zoning so I just would like to
check on what the zoning district does permit on that just to be clear on that so.
Mayor Furlong: So that is something that we can look at. The expectation would be for similar purposes
as is currently being used, correct?
John Chadwick: I think as permitted under the law.
Mayor Furlong: Well and I think that’s what, Ms. Aanenson if I’m hearing you correctly.
Kate Aanenson: Right.
25
Chanhassen City Council – July 22, 2013
Mayor Furlong: We need to look into that.
Kate Aanenson: Yeah. There might be some other uses that might be conditional uses that would require
certain improvements or the like so, whether or not those could be.
Mayor Furlong: Alright.
John Chadwick: I guess part of the reason I’m pretty insistent on that is we’ve got a long standing visit
going on with MnDOT and getting somewhere but not very far very fast and so I think it’s critical that we
keep going with you know what’s available under the current law and not give up any rights here if we
don’t have to get that opportunity to do that.
Mayor Furlong: Okay, so that can be investigated between now and final plat, is that correct Ms.
Aanenson?
Kate Aanenson: Yes.
Mayor Furlong: Okay. Alright.
John Chadwick: Thank you. Great idea take them one at a time. Now, and you folks were just working
on kind of a thorny issue on assessments and I appreciate that and this has been a long, a long and
interesting path that this land has taken and item 20, discussion same page and there’s assessments that
you’d say okay, there’s about 22 acres of usable north of the creek and there’s about 8 acres south of the
creek, and that 8 acres came up from a court case that Mr. Jeurissen pressed through the courts here in
Minnesota and but yet the notion is, you know what we’re just going to kind of collect them all right now.
We also, and not giving any credence to the fact that there are 5 acres that he’s continuing to retain. And
that, and you’re kind of saying well you know what, we don’t think, or some people don’t think that that’s
usable. Please demonstrate that to us later that it is usable but in the meantime we want the money
anyway and when I look at that, you know pay for all of it but determine it later you know up or down,
that feels like a little bit of guilty until proven innocent. I think in our country we do it the other way.
We’re innocent until proven guilty so I would ask that you apportion that. Think about apportioning that.
If you can’t, if we don’t know for sure it’s bad we’ll call it, we’ll use that word, why are you making it
bad and taking it out of the equation day one? That’s the first thing you know. And the second thing is, it
gets a little bit snarly because we’re saying that’s not accessible to Bluff Creek but yet this is a Bluff
Creek $601,000 assessment. You know why did he get charged in the first place? You know is it usable
or is it not usable? If it’s usable, then great. Let it sit on the south side and pay it later. If it’s not usable,
why did it get charged in the first place? So there’s been some long, drawn out dilemmas on this. And
then the next part, the interest on the assessments. This piece of ground, 22 acres, 25 acres, however
many you want to say is bearing $847,000 worth of assessments. That’s something like $40,000 of
assessments on the usable acres and then the interest was deferred on that. But however that land was
trapped because that land could never grow a crop in Chanhassen, Minnesota that’s legal that could pay
off $40,000 an acre so that had to sit there and wait to be paid. It had to wait to be paid until it could be
th
developed because you couldn’t sell it for ag land for that price and we knew that as of June 16, 2013
there wasn’t access to this property. This property has only been emancipated this evening on an action
th
earlier on the Jeurissen, excuse me on the Degler 5 Addition that allowed access so it was bound up. It
was locked up. It could not have any way to access it. It had no way to pay the freight on that and the
City’s out collecting 6% interest knowing full well the guy can’t pay it. Got him locked up. He can’t get
there. Only tonight is it now available to him so it say gee, we’d like the $601,000 plus another $195,000
of interest by the way and you know we couldn’t use it for public infrastructure. That’s what we’re
th
paying for but it was a private matter that had to be solved and that’s what the June 16 thing said. So
26
Chanhassen City Council – July 22, 2013
that just, and that, my statement on why does a private developer, private person have to do that. That is
on page 17 of 32. June 18 Planning Commission. 1, 2, 3, 4, 5, 6, 7, about eighth paragraph down. So,
and I’ve talked it over with Bruce. He says yeah, you know of course give me assessments once I’m able
to use it but how can you charge me assessments when I can’t use it. I can’t get there. I really was locked
in. I had no way to pay it so I’d really ask your thoughtful consideration on that matter. And then at the
bottom of the page I put in a revision. There was as written. Unless Bluff Creek Boulevard
improvements are, an assessment and then you can see mine with red. If you’d consider that as being a
way to be reasonably fair to somebody who’s been waiting for a long time and didn’t have access until
this evening. I’m grateful that he has access this evening. I appreciate that. Thank you. And happy to
answer any questions.
Mayor Furlong: I guess just one question I had just looking at what you handed out tonight. That was a
little bit different than what we had received over the weekend, is that correct? On this issue because,
well it looks like it just looking at what we received versus this one. It’s a little bit of a different
argument than…
John Chadwick: Yeah you know it really is because over the weekend I said, gee it’s tough to, I had sent
out something or I gave it to Bruce and I don’t know who all got it but it said ought to make the interest
rate fair instead of the bank, the City scalping him because the costs are considerably less for interest than
the 6%. He’s got no way to get there to pay it and you start thinking about no way to pay it whatsoever
with the crop that’s there. He’s bound in. I mean he’s locked in so yes, that is a different way to look at
it.
Mayor Furlong: Alright. Thank you. Any questions for Mr. Chadwick? Councilman McDonald.
Councilman McDonald: Yeah we get down to the whole thing about assessments and that’s kind of what
my questions and everything was about but who approached the city to incur these costs? How did that
come about? What do you know what about?
John Chadwick: It’s my understanding that the City put together the entire project and then they handed
out assessments based on acreage and then each landowner was asked to accept those assessments.
Councilman McDonald: But someone has to initiate that we’re going to do development of land. Who
was that? Who triggered the assessments? I mean the City doesn’t just go out and assess land unless
someone asks them I want to do a development and we have to provide certain infrastructure and those
things and so then we go out and do the studies as you heard and that’s where the assessments come from.
Who started all of this?
John Chadwick: I think it actually started on the old Bernardi parcel, which Town And Country’s first
deal. Liberty, it’d be on the west side of this whole study area. And they needed sewer and water to
come in, or more importantly I guess the lift station access on Mr. Degler’s property and then it’s kind of
triggered well we have to do this. Then we have to do that. Then we have to put in the entire Bluff Creek
Drive in order to make it happen.
Councilman McDonald: At the time was Town and Country looking out for your, Mr. Jeurissen’s interest
or were they independent and just grabbing up land and saying that well I think we want to do here City.
Why don’t you look at this. Who was the underlying. What was the back story in all of this because it
wasn’t the City going out and deciding to do an assessment and assessing your client. Someone came to
us and said, we want to do this development. What do you as a city, what do you expect from us? Who
were the initial players in all of this?
27
Chanhassen City Council – July 22, 2013
John Chadwick: Town and Country had two parcels. They had one on the west. The Bernardi parcel and
they had this piece of Mr. Jeurissen’s.
Councilman McDonald: Okay, so they were acting in Mr. Jeurissen’s best interest at that point.
John Chadwick: They were acting in their own best interest.
Councilman McDonald: Did they have a contract with Mr. Jeurissen on this land? Did they have some
claim to the land?
John Chadwick: Yes and regardless of whether it was Town and Country owning it or Mr. Jeurissen
owning it, there could be no development until this land was emancipated.
Councilman McDonald: But that doesn’t necessarily stop anyone from wanting to do development. If
Town and Country, which also owned the parcels to the west were now looking and at one time they were
going to develop most of this southern part of this section down here, they would ask the City to do all
that because that was their plans. At that point they had perfect access because they had all the land
contracts.
John Chadwick: Sir I would disagree.
Councilman McDonald: Okay well that’s what I’m trying to find out.
John Chadwick: The River Rock Drive was not there so they did not have perfect access. They could not
get to, back to Bluff Creek Drive any better than I could before your action this evening. Without
trespassing.
Councilman McDonald: Then why did they come to us? Why did they ask us to perform work that cost
the City money and, I don’t understand that part of it.
John Chadwick: Well, we’re into it. Here we go. You approved a project for Mr. Degler in 2006. Part
of those conditions were to provide access, River Rock Drive. That access, that easement rather was not
collected at that time so, I mean Town and Country was right there wanting to get going and the market
changed on them. I get that but there was a plat approved, and I don’t think that plat was approved that
said guess what Town and Country you are on your own to find your access. It was, it didn’t, I don’t
think it said that. I’m happy to be corrected if it said that but I think it might have been silent on that but
the easement was never collected so nothing could happen.
Councilman McDonald: But all this was done in anticipation of Town and Country doing a development
on this property, is that right?
John Chadwick: Absolutely.
Councilman McDonald: Okay, so the City did what was asked of them. I guess I’m having a hard time
understanding why you think the City should eat the cost of doing this when we were asked to perform
and we did perform.
John Chadwick: Okay, if we had kept that preliminary plat going. Let’s say the one that was Town and
Country. Kept it going, kept it going through 2012 and you said okay, I want to build it. And then we’d
all be looking at ourselves and say you know what, you don’t have access. Can’t build it. So sorry.
28
Chanhassen City Council – July 22, 2013
Todd Gerhardt: Mr. Mayor, council. That’s an untrue statement. At any time that the Preserve
development would have come in we would have taken that right-of-way with whatever addition but we
didn’t take it for the first addition because Town and Country didn’t ask for it. It wasn’t until six months
ago when Lennar came in and asked for access so we waited until the Fifth Addition, which is before you
tonight is when we’re taking the right-of-way and if we took the right-of-way right away in the beginning,
we would have never required Mr. Degler to build the road. We would have just taken the right-of-way.
John Chadwick: Oh, totally agree but we wouldn’t be waiting and waiting and waiting for a closing. The
cost of who’s building that road is maybe not fully in the public view here but the fact is it could have got
going had we had that easement. True or false? Easement was there in 2009. Could we have gone in
2009?
Todd Gerhardt: Yeah, if you would have been there and asked for it but nobody was asking for it.
John Chadwick: But why would you ask for it when you’re approving a plat already in 2006 that says go
ahead and go, wouldn’t that be kind of an automatic that you?
Todd Gerhardt: It wasn’t until 6 months ago when Lennar came in and said we need access.
John Chadwick: But the guys in 2006 also needed access.
Todd Gerhardt: Yeah, and we have it in the development contract that we would provide access. Didn’t
say when but it said we would provide it.
John Chadwick: Granted.
Todd Gerhardt: Right?
John Chadwick: So as soon as you provide it Bruce will pay. Got it. That’s all I’m saying.
Mayor Furlong: Okay. Thank you. Anything else?
John Chadwick: No I’m good, thanks.
Mayor Furlong: Thank you Mr. Chadwick. Representatives from Lennar are here. Good evening.
Steve Ach: Good evening Mr. Mayor, council members. My name is Steve Ach with Lennar. I think
Kate stated out the evening saying it is a pretty complicated issue. A lot of moving parts here and I think
our part is a little more static than everything else so, we’ve worked through quite a few of the issues with
staff and I think coming here this evening I knew the biggest issue would be with the Jeurissen plat and
the assessments and some of the history there so, we’re pretty comfortable with our application.
Mayor Furlong: Okay.
Steve Ach: I guess just one clarification I had Kate though with the plat for Jeurissen. The action tonight,
is that for a final plat or does it have to come back again? I thought the Outlot plat was a final plat
tonight.
Mayor Furlong: This says preliminary and final but is that for all?
29
Chanhassen City Council – July 22, 2013
Kate Aanenson: It might be for the Jeurissen. Yeah, just for the Jeurissen First Addition for the, there’s
two plats. Jeurissen First Addition and then the second one is for Camden Ridge is the second plat and
that’s only preliminary.
Steve Ach: Yep.
Kate Aanenson: Correct.
Mayor Furlong: Can you clarify on a picture which is which?
Kate Aanenson: Yep, so this is Outlot A. So that’s only getting preliminary. They’re just going to get
what their desire tonight is to get a grading permit.
Mayor Furlong: And that’s, Outlot A is Camden Ridge are the same?
Kate Aanenson: Correct. Then Outlot B is a requirement for, that has to be recorded with a preservation
easement with the preliminary, with the final plat. But if they’re doing preliminary and final, I have a
question for the City Attorney then on the.
Steve Ach: For the Jeurissen First Addition?
Kate Aanenson: Yeah. Do you too?
Steve Ach: Well I don’t. I thought it was final plat this evening.
Kate Aanenson: Okay.
Steve Ach: And the only reason I bring it up is I heard conversation earlier about uses in agricultural
district but it’s going to come back at final.
Kate Aanenson: Well, well I have a concern about that too because I just looked up the uses there
because they’re crossing over what will then be the city property. The preservation easement. I just want
to be clear on that, what’s permitted in that zoning district. I just need the City Attorney’s opinion on this
so, because they’re crossing over Outlot B on that preservation area. The reason why we put in there
agricultural purposes, if you look at what’s permitted in the A2 district, and if we have buyers on the
north end, if Mr. Jeurissen chose to sell it to somebody. If he chose not to farm it a number of years or to
try to develop it, here’s what’s permitted in the A2 district. Private stables. Arboretum. Daycare.
Group home. Single family dwellings. Of course they can be on septic and well so that would be coming
off a private road going through our’s so our intention was not to have cross through but again in good
faith saying Mr. Jeurissen can continue to farm, we said we will let you continue to farm so if we’re going
to open it up to anything permitted in that A2 district across the property, again going to say I don’t, I’m
not sure if that’s what we want and I would ask the council for some consideration on that.
Mayor Furlong: Okay.
Kate Aanenson: And that’s where we tried to narrow that definition.
Mayor Furlong: Okay. So we just jumped back to the access but if I can, I want to clarify, for the council
and for anybody else that maybe is confused, there’s a Jeurissen First Addition and there’s a Camden
Ridge and most of the night we’ve been talking about Outlots A, B and C. So can you tell me what is
30
Chanhassen City Council – July 22, 2013
included with Jeurissen First? Okay, I just heard a, I want to make sure we have some clarification
because when we, if it’s preliminary and final, that’s different than just preliminary.
Roger Knutson: Yes.
Mayor Furlong: Okay, so Mr. Knutson.
Roger Knutson: Jeurissen First Addition is Outlots A, B, C and D.
Kate Aanenson: Right, so it does include the farm access road as a requirement with this addition.
Mayor Furlong: Okay. And Camden Ridge.
Roger Knutson: That is just a preliminary. Not just. Only.
Mayor Furlong: Okay but that covers Outlot A only.
Roger Knutson: They’re going to replat it into Outlot A.
Steve Ach: We’ll replat Outlot A into those lots.
Roger Knutson: Yes, yes.
Mayor Furlong: So the first step with the Jeurissen First Addition is to take the entire property and create
Outlots A, B, C and D?
Roger Knutson: Yes.
Kate Aanenson: Correct.
Mayor Furlong: And then Camden Ridge is a site plan Outlot A.
Roger Knutson: It’s preliminary plat for Outlot A.
Mayor Furlong: The preliminary plat for.
Roger Knutson: To replat Outlot A into lots and blocks.
Kate Aanenson: Right, preliminary and a development contract to allow them to grade.
Mayor Furlong: Prior to final.
Kate Aanenson: Correct.
Mayor Furlong: Okay.
Kate Aanenson: So again because we are final platting that, that’s why the issue of the driveway came up
and they certainly want to understand what that means to them as the developer, what could happen on
that property to their buyers to the north.
Mayor Furlong: Okay, that helps me so hopefully it helps other people. Does that help you?
31
Chanhassen City Council – July 22, 2013
Steve Ach: Yes it does and I just wanted to make sure that if it is final tonight because the primary
purpose for the outlot plat, as Kate started out this evening, it’s one large parcel and we’re really creating
the outlots for conveyance purposes. Lennar is buying Outlot A. Mr. Jeurissen is retaining B, C and D.
Mayor Furlong: Okay.
Steve Ach: So we’re going to come back and replat Outlot A but it kind of affects our closing too so
that’s why I want to make sure it was final this evening.
Mayor Furlong: So you wanted to confirm that the Jeurissen, the creation of the four outlots was the
final.
Steve Ach: Right.
Mayor Furlong: And that is correct before us tonight.
Kate Aanenson: Right.
Mayor Furlong: And then your’s is preliminary. The replatting of A is preliminary.
Steve Ach: Absolutely. And again we’re fine with the conditions that are set forth in our report. We
worked forward and backwards on this for quite a while.
Mayor Furlong: Okay. Alright, thank you. Alright. Before you sit down sir, any questions? Or maybe
you can sit if there aren’t any questions. Okay. Are you comfortable with what’s been discussed here
tonight then as far as the.
Steve Ach: Yes.
Mayor Furlong: The discussion. Okay. And just to clarify, we did, we did talk about preserving the
entire width right-of-way on that north connection and I just, I think that’s something that we’d like to do
so if you have some questions about that.
Steve Ach: Yeah, I was just talking with Nick, the engineer. We can probably do it but as Kate pointed
out, this doesn’t really do any justice to what’s out there. There’s a lot of steep slopes.
Mayor Furlong: Understand.
Steve Ach: I think providing the right-of-way, we can certainly do that.
Mayor Furlong: And I think the key is, to put it in an area where, with the slopes you have the best
chance of putting in an access road.
Steve Ach: I think Kate had a map up there earlier that showed the wetland off to the edge so there’s
some other things we have to navigate through but it sounds like we can do that. We’ll take a closer look
at it between now and the final plat.
Mayor Furlong: Our challenge as a council has been connecting neighborhoods over time and this gives
us the flexibility to look for options in the future. To have those options.
32
Chanhassen City Council – July 22, 2013
Steve Ach: Certainly.
Mayor Furlong: Of connections so thank you for that. And that can be, the location of that and
everything can be clarified prior to final plat. Working with staff.
Steve Ach: I think to me that is a condition that we could look at that and just see the actual width and the
exact location.
Mayor Furlong: Figure out the best spot, okay. Alright. Thank you. Okay let’s, there was a public
hearing at the Planning Commission for this. I don’t know if there are any public comments. Aside from
that, Mr. Fox.
Jeff Fox: Good evening Mr. Mayor and council members.
Mayor Furlong: Good evening.
Jeff Fox: Question regarding the wall. The 9 foot wall. Is there a fence planned for the top of that wall?
Kate Aanenson: Is there? 9 feet, it has to be doesn’t it?
Jeff Fox: Yeah, I think Paul said anything over 4 had. And how far is the wall off the lot line?
Kate Aanenson: Could I ask Mr. Polta, the engineer for the project to come forward and maybe he could
address the more specifics on that and I can go to that slide.
Mayor Furlong: Good evening.
Nick Polta: Mayor, council members. My name’s Nick Polta. I’m with Pioneer Engineering. The wall
at it’s closest point I believe is 20 feet from your property line. There should be enough room for a
geogrid and the construction of the wall.
Jeff Fox: The other concern I have is with the, I think it was the previous Town and Country project had
the access point going into the right-of-way area. Now it looks like it’s going into what’s called the tree
preservation area so I presume the tree preservation area is going to be altered and there’s some steep
slope in that area where we’re going through this tree preservation area. And who’s absorbing the cost of
that because originally it was going to be coming to our develop, buildable area. At this present time the
tree preservation area as far as I know is not part of the buildable area so who’s paying the cost to get it to
that area that’s usable for us and is it going to be within the tree preservation area and altered for that
reason?
Mayor Furlong: Well I guess, Ms. Aanenson.
Kate Aanenson: Sure. I guess going back to what we talked about before, depending on what those end
uses are and how that looks, you know we’ve walked your property a couple of times looking at the tree
line. We kind of agreed that some of the steeper part along the bottom, some of that area might come
away. We’d have to look at that but we look at that when your project comes forward. Whatever shape
that takes.
Jeff Fox: Who’s paying for that cost? Because originally it was going, it was not going to be on our
property. It was going to be in the right-of-way and there’s a cost for us to take care of it from the
33
Chanhassen City Council – July 22, 2013
property line to the buildable area. Now it becomes to the Jeurissen, or to the property to the south of us
through the tree preservation area.
Kate Aanenson: Our typical ordinance is that we provide access to the edge of the property and the other
property owner would pick it up on the other side.
Jeff Fox: So we’ll be responsible for the tree removal? The retaining walls along with the road to build
through there.
Kate Aanenson: Yeah again our goal is to put that road in such a place that we minimize that and that’s I
think the challenge that we’re looking at tonight. We don’t have enough information but we can certainly
look at that.
Jeff Fox: I just wanted to go on record so.
Kate Aanenson: Yeah. And we’ll look at that with you.
Jeff Fox: Thank you.
Mayor Furlong: Well and you know I think working together. If there’s a preferred.
Jeff Fox: Well I didn’t know any bit of this was going on. I had no notice of this until I pulled it up
online and looked at it myself. I didn’t get notified of any of this.
Mayor Furlong: Okay. Okay, thank you Mr. Fox. Any other public comments tonight? Let’s bring it to
council then for discussion. Number of items in front of us but I’ll start the discussion by saying it’s nice
to see another plat in front of us. See development occurring so thoughts and comments.
Councilman Laufenburger: Mr. Mayor, I just have a question for Kate.
Mayor Furlong: Sure.
Councilman Laufenburger: I think I got the answer from you earlier that no assessments were made
against Outlot C back in 2006.
Kate Aanenson: No, I think what the City Manager said is there was an area wide assessment across all
the property, minus the wetlands.
Councilman Laufenburger: Is that right?
Kate Aanenson: Yes.
Councilman Laufenburger: Okay.
Todd Gerhardt: Outlot C still doesn’t exist until you take action tonight.
Mayor Furlong: But that area was not considered as part of the area that was included in the assessment
calculation?
Paul Oehme: Well yeah, minus the wetland. The wetland was removed from the area wide.
34
Chanhassen City Council – July 22, 2013
Councilman Laufenburger: Okay, let’s not talk about Outlot C. The area south of Bluff Creek on the
Jeurissen property, was any of that, with exception of the wetland, was any of that considered in the
assessments? Were the assessments based on any property south of Bluff Creek?
Paul Oehme: South of Bluff Creek, I mean if it wasn’t.
Councilman Laufenburger: If it wasn’t wetland.
Paul Oehme: If it wasn’t wetland.
Councilman Laufenburger: That acreage was considered.
Paul Oehme: That would be considered as assessable, correct.
Councilman Laufenburger: Okay. Then I also heard a comment that if it’s determined that Outlot C,
after Outlot C is made later tonight, if Outlot C is determined to be buildable, there could be assessments
for sewer, water and road, is that correct?
Paul Oehme: Under the scenario of building an Outlot C, that would be completely development driven.
They would have to provide a place to hook up to city sewer and water. The City would not get involved
typically with those type of projects and would not assess back to them. That would have to be
development driven so we’re just trying to recoup the costs for our infrastructure that was put in back in
2005-2006 and we went with the best information we had at the time.
Councilman Laufenburger: And the best information we had at that time was Liberty at Creekside, Town
and Country.
Paul Oehme: Correct, and that was forthcoming.
Todd Gerhardt: And Mayor and council, we’ve been through enough assessment hearings to know that
the time to contest an assessment is prior to the close of the public hearing. Town and Country was the
property owner at that time and so that kind of dictated the final chapter of how assessments were going
to be allocated against this property. Not to say that Mr. Jeurissen can’t ask you to reallocate those at this
time, which he’s doing this evening.
Mayor Furlong: Okay. Thank you. Other questions or comments. Councilman McDonald.
Councilman McDonald: Well I guess I have a question and I’m not quite sure how to put it together. I
mean you, this land is very troubled. There was an owner that was going to do something so we did what
we were supposed to do and the assessments are part of that. Have we had any other properties that
change and we’ve had to do things, you know recalculate assessments or redo things years later because
market changed or something?
Todd Gerhardt: Yeah, on the Preserve. The Ryland development. We reallocated the assessments on
Sever Peterson’s piece back to those developable parcels in the area after they came in with their
subdivision. They were reallocated.
Councilman McDonald: Okay what, the original allocation fees and everything, what happened to those?
Did we give money back? What was the, what did we do?
35
Chanhassen City Council – July 22, 2013
Todd Gerhardt: No, they were divided amongst the existing property there. The land to the west of
Outlot C has a future access. There’s some assessments against that down the line so green acred right at
this point.
Mayor Furlong: Mr. Knutson.
Roger Knutson: Mayor, members of the council. Anytime there’s an assessment imposed and
subsequent to the assessment the property is subdivided, you have to apportion that assessment that was
against the big parcel into smaller parcels or one of the parcels or some of the parcels and that’s not an
uncommon occurrence. What you want to be careful of, and I’ve seen this happen in some places where
cities haven’t been careful. If you apportion it wrong against a parcel that’s not likely or will not develop,
then it’s going to go tax forfeit so you want to make sure you apportion it appropriately to take it, with
that concern in mind.
Councilman McDonald: Well see that’s part of my confusion in all of this because I know that what Mr.
Jeurissen is asking for is what 20% either go into an escrow or something and what I’m trying to
understand then is at some point if Outlot C can be developed by either land to the south or to the west or
somebody such as that, things would be reallocated at that point?
Roger Knutson: No.
Councilman McDonald: No, okay. Then is that where the comment comes in that we wouldn’t assess the
Outlot C because it’s already been assessed? I’m just confused about where all this money and what it
kind of goes it. That’s the problem I’m having trying to sort through this.
Todd Gerhardt: Today you have the opportunity to put all the assessments on Outlot A or 80% on Outlot
A, 20% on Outlot C. Staff recommended not to put anything on Outlot C because we deem it as
undevelopable but have allowed the developer, or the property owner Mr. Jeurissen to do research.
Figure out how it might be developable but we weren’t willing to take the risk of putting any assessments
on Outlot C, and that’s what we’re talking about. We’re measuring risk here.
Councilman McDonald: Right.
Todd Gerhardt: And putting the public at risk of losing those dollars down the line.
Councilman McDonald: Okay, I can understand that part of it and I agree with that logic. That makes
sense. What I’m having trouble with is this 20%, where does, I mean that’s almost like asking us to
reduce the assessment on Outlot A by 20% when in effect you’re getting your money’s worth for the
work we did for Outlot A so you should pay the full amount. Outlot C, again it gets tangled up because it
was part of the Town and Country. I understand they needed it but they weren’t going to develop it either
but because of the product it all got wrapped in together and they asked for all of this assessment so they
had a legal right to do so. They commit people because they had a legal right. And you know you can
contest it, you’re right at that time and now your past it. Now you’re coming back after the fact, almost 6
years. You just can’t do that. So my question about C is that at some point, at some point if it’s
developable it’s going to be part of an assessment. Someone’s going to come in and say I want to put
roads. I want to do all this and we’re going to assess it based upon what, no. We’re not going to assess
it?
Todd Gerhardt: No.
Councilman McDonald: See, that’s where I’m having trouble.
36
Chanhassen City Council – July 22, 2013
Todd Gerhardt: Yeah.
Roger Knutson: The developer will put in those improvements.
Todd Gerhardt: Yeah. The City isn’t going to initiate a road project to serve Outlot C.
Councilman McDonald: Right.
Todd Gerhardt: Just like Lennar is here. Somebody’s going to potentially come through Sever
Peterson’s property and put a cul-de-sac in and somehow utilize or access this outlot, if they can.
Councilman McDonald: Okay, then explain to me what does the assessment buy? What do I get for
paying those fees?
Paul Oehme: The current assessment?
Councilman McDonald: Any assessment.
Paul Oehme: Well the $600,000 is for the road improvements for Bluff Creek Boulevard, the collector
roadway.
Mayor Furlong: Which is north of the property.
Paul Oehme: North of the property. It buys you the water to service the property. Potable water. It buys
you sewer to extend to this property to hook up to city sewer services and then stormwater management
as well for the collector roadway so it’s the infrastructure necessary to service the parcel itself.
Councilman McDonald: Okay, and that’s what I thought it was for and you keep confusing me with all
this stuff. And that’s why we would charge them in the future on Outlot C because now you’re going to
provide. Okay see, you’re going to provide this stuff. You’re telling me we already paid for it so he
doesn’t have to pay for it again but he’s, that’s where I’m confused. You need to help me get through this
on Outlot C.
Mayor Furlong: On page 7 of the staff report. If I’m correct here Ms. Aanenson.
Kate Aanenson: Correct.
Mayor Furlong: These are the items that were included, that were included on the existing assessments,
correct?
Paul Oehme: Correct.
Mayor Furlong: And they include the 2005 MUSA expansion project, the 101/Lyman Boulevard, all
these components.
Kate Aanenson: If I may Mayor.
Mayor Furlong: Yep.
Kate Aanenson: We met with all the property owners, Paul and I and Kimley-Horn over a year.
37
Chanhassen City Council – July 22, 2013
Paul Oehme: Over a year.
Mayor Furlong: In what timeframe did you have those?
Kate Aanenson: 2005 because there’s no way any one of these property owners could make their
development happen unless we all worked together. We needed a collector road to go through that was
identified in the AUAR, which is Bluff Creek Boulevard. That road needed to go through for them to get
access between Audubon and Powers Boulevard so we spent a lot of time trying to figure out how to
make that road happen. With that we brought in the trunk utilities. Had that not happened we would not
be sitting here today because we wouldn’t have projects going on in that area so that was the trunk
project. As the City Manager stated, lots of times developers can just tie onto their own project without a
city project but we were the engine that provided the mechanism for this, all these properties in the 2005
to go forward and if I pull up the aerials, so this is the road that we looked at. Bluff Creek Drive coming
in and we worked, we tried to, that road but tweaked so many times trying to make sure that we didn’t do
it to any one property owner’s detriment. Not all of it ended up in that, and a lot of the, working through
elevations of the sewer line. The water line. Making sure that all the properties could be served off that.
This piece of property up at the top is topographically gets serviced off of this road. That’s the only way
they can develop is coming off that road which the City built and assessed including the trunk sewer and
water. If, in the future someone gets, if MnDOT vacates this right-of-way and if someone, and Mr.
Jeurissen can make the sewer and water line work and comes in, he would have to pay to hook on, with
all the assessments pay to hook on for using the City’s sewer and water. And maybe pay for the cost of
the road. Depending on how that development works.
Councilman McDonald: Okay. That makes some sense, thanks.
Mayor Furlong: Okay, thank you. Other comments and thoughts regarding the items before us. I guess
maybe try to lead through, with regard to the Jeurissen First Addition which is the creation of Outlots A,
B, C and D. One of the issues there was the driveway access. Ms. Aanenson mentioned that as part of
this, as part of this Outlot B would be dedicated to the City. Become City property, is that correct Ms.
Aanenson?
Kate Aanenson: That’s correct.
Mayor Furlong: Okay.
Kate Aanenson: Or have a preservation easement. If Mr. Jeurissen wants to hold that we’d put a
preservation easement over it limiting it’s use.
Mayor Furlong: Until such time, but.
Kate Aanenson: In perpetuity because that will always be required for the shoreland district regs and for
the PUD ordinance, and it’s at the minimum for the area.
Mayor Furlong: Okay. And is that dedication or preservation occur at the time of the Jeurissen First
Addition?
Kate Aanenson: Correct.
Mayor Furlong: Or, not at the Camden Ridge?
38
Chanhassen City Council – July 22, 2013
Kate Aanenson: Correct, because it’s under Mr. Jeurissen’s control so we’d have to get it at the time of
final plat with Mr. Jeurissen.
Mayor Furlong: Okay. So what you were raising with the item is that because the access to be across the
city property.
Kate Aanenson: Correct.
Mayor Furlong: On Outlot B, that it was your recommendation to limit that use to agricultural purposes.
Kate Aanenson: Agricultural, yeah for farming purposes and again you go look at what the city ordinance
says it’s much broader and I just want to make sure it’s clear that there’s not unintended consequences
there for when you have a subdivision to the north, if there’s other uses that you may or may not deem
necessary going across a preservation area.
Mayor Furlong: And I guess Mr. Knutson, is the, as the staff report currently recommends it says the
words, and I’m reading on page 28 of 32, item 15. It says agricultural purposes. Does that meet with
what staff is recommending?
Roger Knutson: Yes.
Mayor Furlong: It’s not necessarily to everything that might be included in A-2?
Roger Knutson: That’s my understanding what staff’s recommending.
Mayor Furlong: Okay.
Roger Knutson: I have some suggested, just tweaking on the language.
Mayor Furlong: For this item?
Roger Knutson: Yes.
Mayor Furlong: Okay.
Roger Knutson: The existing driveway access to Trunk Highway 212 must be closed except for access
for agricultural purposes only on Outlot C and then continue on with the rest of that paragraph.
Mayor Furlong: Okay. Is the council comfortable with that item? Any objections to that suggested
change? Then I guess the next item was with regard to the assessments that are being requested to be
allocated, a portion of which to A and to C. We’ve had a lot of discussion. Staff is recommending that
all of the assessments be included on A. Thoughts and comments on that? Is there support for that, for
staff’s recommendation or support for the applicant’s?
Councilman McDonald: Well now that I understand this a little bit better, I can see the logic of what the
City is doing and I can understand why Mr. Jeurissen is asking us to do this now but again it’s the risk to
the City because I don’t know if Outlot C can be developed and at that point I don’t know that we can
ever recover any of those costs so I’m not sure that I would be in favor of taking that kind of risk for the
City. I think that yeah, it’s fair what we’re asking to put it all on the Outlot A so I would support that.
Mayor Furlong: Okay.
39
Chanhassen City Council – July 22, 2013
Councilman Laufenburger: I would too Mr. Mayor. The action that was taken, I believe Kate you
described in ’06, is that when the assessments were issued? Is that right? It seems to me that that
decision was made based on the best information available at that time and there isn’t anything that
substantially changes that information according to our best data right now. Outlot C is not developable
and if the, if Mr. Jeurissen can prove that it is developable then he gets the, I mean he can develop it if he
chooses to so I would support that as well. I would support staff’s recommendation on that.
Mayor Furlong: Okay.
Councilwoman Tjornhom: And Mr. Mayor I think I would too but part of the thing that I find
complexing to me is the fact that I asked Kate earlier about what we were getting for having a PUD and I
believe her answer was we were going to have Outlot C and B remain the way they are.
Kate Aanenson: I’m sorry.
Councilwoman Tjornhom: Or maybe I didn’t hear you correctly.
Mayor Furlong: Just B.
Kate Aanenson: Just B, yep. Just B.
Mayor Furlong: Which B preserves an extension of Bluff Creek corridor.
Councilwoman Tjornhom: Right.
Kate Aanenson: Exactly.
Mayor Furlong: It was a similar type of corridor that was preserved with the property to the north when
that.
Councilwoman Tjornhom: So Outlot C had nothing to do with that rationale then for the PUD?
Kate Aanenson: Well, the staff’s opinion that it should but you know we met the minimum for the
shoreland district and for the PUD as far as requirement for the 50% so we met the minimum. Again in
good faith we said we’ll decide that later. We’ll pay the assessments now. We’ll decide that later if it can
be developed and there’s a way to get to it, that decision can be made at a later date.
Councilwoman Tjornhom: Would they have received a PUD if in your opinion Outlot C was
developable?
Kate Aanenson: Well, there’s no access to it.
Councilwoman Tjornhom: Right, but if there was would they still be getting a PUD?
Kate Aanenson: Well they still would have to preserve 50% open space so they would, you know they’d
have to dedicate more open space so it’d reduce the amount of potential buildable correct. Or buildable
area, correct.
40
Chanhassen City Council – July 22, 2013
Mayor Furlong: Okay. So there’s support then for staff’s recommendation with regard to the allocation
of the assessment in it’s entirety to Outlot A I’m hearing as well. And then with the other question with
regard to the interest component, thoughts and comments there. Is there support?
Kate Aanenson: Yeah, my same argument. Mr. Oehme made it clear that even at that time in ’06 policy
would have made it possible for us to be charging in excess of 8% interest, is that correct? Is that right?
So 6% seemed, again I’m supporting the decision that was made by the council in ’06 and I’ve got
nothing to suggest that that was a bad decision so I would support that same interest rate.
Mayor Furlong: Okay.
Councilman McDonald: I guess the thing that gets me, I understand what Mr. Laufenburger is saying and
you know I support it. The problem is, if you go back in 2006 the plans were to build it so this wouldn’t
have been that big of a problem. I mean everybody wanted to do this so the fact that they didn’t, they had
already made the commitment to do something. They backed out later. We did what we do as a city. We
assess so.
Mayor Furlong: Well and charge interest on assessments that are made until they are paid.
Councilman McDonald: Right, and that’s normal. I mean 6% back then would have been within what
the policy limits that we’ve kind of codified since then so we’re doing the, we’re treating him the same
way we treated every other citizen in this community when it deals with assessments.
Mayor Furlong: And there are still other outstanding assessments on other properties that were assessed
at the same time as a part of this and all of those are paying 6% interest I assume, or being.
Councilman Laufenburger: Being charged.
Mayor Furlong: Those unpaid assessments are being charged at 6% so. Okay. Okay, I think I
understand then where the council is on those items. With regard to the development itself, and now I’m
moving to the Camden. Is there any other issue with regard to the Jeurissen First Addition that council
had questions on or concern? Then let’s move to the Camden Ridge. Thoughts and comments. Concerns
about that. Again it appears to me to be a nice development and good balance between types of
properties. Meets the ordinance. I do think and I appreciate the representative from Lennar agreeing with
trying to locate that right-of-way access to the north and that’s something that can be, we have to make
sure that that’s in there. Maybe the comments or the minutes or however we need to do that but that will
be incorporated and worked out with property owners prior to the final.
Kate Aanenson: Then the only other thing I had on that Mayor if I may is, Mayor and council is the
clarification on the fee. Get that new number for the stormwater fees.
Mayor Furlong: And the stormwater fees and which condition number was that? That’s on the Camden,
right?
Kate Aanenson: Correct.
Councilman Laufenburger: Page 16 and 17.
Mayor Furlong: Of the same staff report?
41
Chanhassen City Council – July 22, 2013
Kate Aanenson: And it’s on, conditions of approval it’s on page 30 but on 16 and 17 is where I went
through and showed you what the, so if you go to page 30.
Mayor Furlong: Do you have the condition number Ms. Aanenson?
Kate Aanenson: Yes. Number 10 on page 30. Under Water Resources.
Mayor Furlong: The number should be how much?
Kate Aanenson: It should be $104,930.25.
Mayor Furlong: $104,930.25 and that’s on 16.05 acres.
Kate Aanenson: Yeah, so that would be the trunk fees paid at the time of final plat.
Mayor Furlong: Okay. Any other thoughts or comments on the development? Again, there’s a lot of
issues that we have to deal with and that’s fair and fine but it’s nice to see development coming in and
people wanting to continue to build homes in Chanhassen and it seems to be a nice development. Mr.
Laufenburger.
Councilman Laufenburger: Yeah I was just going to say that it seems to me that this topography is going
to present some challenges to the builder and I expect that they’ll continue to cooperate with the City in
trying to address some of those challenges and just speaking personally I, looks like this might be a
property that if it were available right now I might be moving into it instead of moving north of Highway
5.
Mayor Furlong: We can keep that off the record if you’d like.
Councilman Laufenburger: No, I’ve been very strong. I think south of Highway 5 has great quality of
life and I’m pleased that a family with a young boy is going to be moving into our property but I’m
excited for Lennar. It looks like this will be a great addition to that area. And also for Mr. Jeurissen. I
think this is going to be a good property development for his property as well.
Mayor Furlong: Point of clarification Mr. Hoffman. The trail that will extend south from the existing
trail. Will that be put in as part of the development as well or is that something the City will be
subsequently?
Todd Hoffman: It will be put in as part of the development and then.
Mayor Furlong: A credit?
Todd Hoffman: Yeah, the cost for the bituminous and the rock and the storm sewer structure will be paid
back to Lennar.
Mayor Furlong: Okay. Credited against their park dedication fees or paid back.
Todd Hoffman: Correct.
Mayor Furlong: Okay. And that’s consistent with what we’ve done with other developments?
Todd Hoffman: Yes it is.
42
Chanhassen City Council – July 22, 2013
Mayor Furlong: Any other questions or comments? Let’s go ahead with a motion then. We can go, is a
single motion okay Mr. Knutson?
Roger Knutson: Yes.
Kate Aanenson: Yeah, I was going to say.
Mayor Furlong: Okay. I’m sorry.
Kate Aanenson: I was just going to point out that the motion I have in here is just for the Camden Ridge
so you may want to just read the one that’s in your, apologize for that, for the staff report.
Mayor Furlong: So the one that’s in the staff report you’re saying is it complete?
Kate Aanenson: For the first, for Jeurissen First Addition. Yes, that would be correct.
Mayor Furlong: Okay. And then we also need.
Kate Aanenson: I do have the one for the second.
Mayor Furlong: Okay. So if I’m correct, we have the Jeurissen First Addition and we have to amend the
language on condition 15 as recommended by Mr. Knutson, correct? And then on Camden Ridge.
Kate Aanenson: Stormwater fees.
Mayor Furlong: Stormwater fees which is condition 10. We have to correct that number. And then also
the language for the right-of-way dedication. How does that incorporate into the motion for the
preliminary?
Kate Aanenson: That’s actually part of the development contract for the First Addition.
Mayor Furlong: For the?
Kate Aanenson: Oh, actually.
Mayor Furlong: No, this would be part of the Camden Ridge I believe, wouldn’t it?
Kate Aanenson: Actually I apologize. My recommendation on here is for all the motions that are in front
of you tonight.
Mayor Furlong: Okay, so we can go off the screen.
Kate Aanenson: Yes you can.
Mayor Furlong: But with regard to that right-of-way dedication.
Kate Aanenson: We’ll use the City Attorney’s language that was stated earlier.
Roger Knutson: That’s the closing…
43
Chanhassen City Council – July 22, 2013
Kate Aanenson: Yep.
Mayor Furlong: No, that was, we’re talking about two different things I think.
Kate Aanenson: Okay.
Mayor Furlong: Condition 15 dealt with the existing access, driveway access underneath Highway 212.
Access to allow.
Roger Knutson: Mayor, if I understand what you’re talking about now an access in the Camden Addition.
Mayor Furlong: In the Camden Addition, making sure that that northern access, that right-of-way is the
full right-of-way for a public street.
Roger Knutson: We’ll add that as a condition to preliminary plat approval for Camden.
Mayor Furlong: Okay, and so what number would that be?
Kate Aanenson: Number, on page 28, number 15.
Mayor Furlong: This is page 28 of the Camden Ridge?
Kate Aanenson: Correct. It says existing driveway access to 212 must be closed.
Mayor Furlong: No, that’s not it.
Councilman McDonald: No, Mayor’s talking about the other access.
Mayor Furlong: Northern access.
Kate Aanenson: Okay. It’s not in here. The only place it was placed in was in the Preserve because
that’s the part of the plat that it would go with, if I’m correct.
Mayor Furlong: How about engineering conditions, would be a good place Mr. Oehme?
Kate Aanenson: That’s where I’m looking.
Paul Oehme: Yes.
Mayor Furlong: Engineering condition 22. Is that reasonable?
Roger Knutson: Sure.
Mayor Furlong: Any other components before we get into a motion here? Mr. Laufenburger, would you
like to make a motion?
Councilman Laufenburger: Sure. Mr. Mayor I move that the Chanhassen City Council approves the final
plat for Jeurissen First Addition and a development contract with legal counsel recommendation on
wording changes to item 15. And the stormwater fees, Kate the stormwater fees are also part of the
Jeurissen One, right?
44
Chanhassen City Council – July 22, 2013
Kate Aanenson: No.
Councilman Laufenburger: Okay, alright. So that’s the final plat for Jeurissen First Addition and a
development contract using the City Attorney’s language for item number 15 on access from 212. And
recommend that City Council approve the rezoning, subdivision and conditional use permit for the
Camden Ridge development subject to the conditions of the staff report and adoption of the Findings of
Fact and approve the development contract to permit the grading of the site prior to final plat approval
with modified stormwater fees, as outlined under condition 10 in the amount of $104,930.25 and
engineering condition number 22, preserving a northern right-of-way or preserving a right-of-way to the
north, to the property straight north of Camden Ridge.
Paul Oehme: 60 feet wide.
Councilman Laufenburger: 60 feet wide.
Kate Aanenson: No, 26 feet.
Councilman McDonald: No, no. We’re talking two different accesses.
Kate Aanenson: Oh, I’m sorry. Okay. I keep…I’m sorry. You’re right. You’re right.
Mayor Furlong: I’m glad I’m not the only one. Yes, Mr. Knutson.
Roger Knutson: If you’d rather say rezoning, subdivision and conditional use permit etc, say the
rezoning, preliminary plat and conditional use permit to just make it clear what we’re approving.
Councilman Laufenburger: Okay. So the language would read, move to approve the rezoning,
preliminary plat.
Kate Aanenson: Sorry. I’m sorry. I was going to edit it on the fly.
Councilman Laufenburger: And conditional use permit for Camden Ridge development citing both the
stormwater fees and the engineering condition number 22 for the northern right-of-way of 60 feet.
Councilwoman Ernst: Second that.
Mayor Furlong: You’re brave. Thank you. Any questions, especially clarification on the motions before
us. I want to make sure it’s clear for everyone so. I think it is. Thank you for everybody for working
through those. Again, a lot of minutia here but overall a good development and benefit for all and will be
a nice addition. Nice new number of homes for families to move into the area so with that is there any
other discussion? Hearing none, we’ve had a motion that’s been made and seconded.
Councilman Laufenburger moved, Councilwoman Ernst seconded that the City Council approve
st
Jeurissen 1 Addition plat subject to the following conditions:
st
1. Dedicated access to Outlot A must be provided prior to recording the Jeurissen 1 Addition plat.
2. The existing driveway access to TH 212 must be closed except for access for agricultural
st
purposes only on Outlot C , Jeurissen 1 Addition. An access easement across Outlot B,
st
Jeurissen 1 Addition shall be recorded which shall follow the existing driveway alignment with a
45
Chanhassen City Council – July 22, 2013
width of approximately 26 feet. Said easement shall be vacated should alternate access to Outlot
st
C, Jeurissen 1 Addition become available.
3. Unless the Bluff Creek Boulevard Improvement assessment, City Project 06-05 levied against the
property is paid in full before the final plat is recorded, the assessment is reapportioned against
Outlot A. The principal of $601,212.65 was deferred until development and it has been accruing
6% since 2009. As of June 6, 2013 the assessment amount due was $796,302.31.
4. The Bluff Creek Overlay District primary zone, “Outlot B” shall be conveyed to the City by
warranty deed free and clear of any encumbrances or a preservation easement acceptable to the
City shall be established over Outlot B before the final plat is recorded.
5. Before any development plans are submitted for Outlot C the property owner shall provide
appropriate technical information, including but not limited to a topographical survey, flora and
fauna survey and soil data deemed necessary for the City to determine the exact watershed zone
st
boundary on Outlot C, Jeurissen 1 Addition. Data for watershed zone delineation shall be
generated and provided by a qualified professional specializing in watershed management,
st
environmental science or other related profession. Development of Outlot C Jeurissen 1
Addition would be inconsistent with the adopted Alternate Urban Areawide Review, AUAR.
Any development would need to conduct additional environmental documentation or review or
request an amendment to the 2005 AUAR.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
Councilman Laufenburger moved, Councilwoman Ernst seconded that the City Council approves
rezoning from Agricultural Estate (A-2) to Planned Unit Development-Residential (PUD-R),
preliminary plat of approximately 23 acres into 32 single family lots, 26 twinhome lots and 7
outlots; and a conditional use permit to allow for development within the Bluff Creek Overlay
District for the Camden Ridge development subject to the following conditions and adoption of the
Planning Commission Findings of Fact:
Building Conditions:
1.Demolition permits are required for the removal of any existing structures.
2.Buildings may be required to be designed by an architect and/or engineer as determined by
the Building Official.
3.A final grading plan and soils report must be submitted to the Inspections Division before
permits can be issued.
4.Retaining walls over four feet high require a permit and must be designed by a professional
engineer.
5.Each lot must be provided with separate sewer and water services.
6.The applicant and/or their agent shall meet with the Inspections Division as early as possible
to discuss plan review and permit procedures.
46
Chanhassen City Council – July 22, 2013
7.Submit proposed street names to Chanhassen Building Official and Chanhassen Fire Marshal
for review and approval.
Engineering Conditions:
1.The developer must obtain right-of-way for the part of River Rock Road that connects to
Bluff Creek Boulevard.
2.The proposed “Easement Detail” must be revised to include how the easements around the
perimeter of the twinhome lots will be platted.
3.The developer’s engineer must adjust the grading on the trail near Outlot F so that it will
meet ADA standards.
4.The contours near the northwest corner of Pond 2, between Lots 6 and 7 must be smoothed
out.
5.Additional information needs to be noted (such as elevation points between the lots) between
lots on the north side of Street B to show the grading will allow water to drain away from the
structures.
6.The final plans must note the survey benchmark on the plan set.
7.The final plans must note the existing and proposed elevations at the corners of each lot.
8.The grading behind all the retaining walls must be modified so that water will not drain down
the face of the wall.
9.Walls taller than 6 feet shall not be constructed with boulder rock.
10.Retaining Wall B must be moved so that it is outside the drainage and utility easement at the
back of the lots.
11.A Homeowners Association must be created to take ownership of all retaining walls and the
draintile along the face of Retaining Wall B.
12.Local streets must be within a 60-foot wide right-of-way.
13.At final plat, the Engineering Department will review the profile of Street A between stations
2+00 and 4+00 to ensure the profile meets the minimum length requirements for vertical
curves.
14.The proposed centerline grade at the intersection of River Rock Drive and Street A must not
be greater than 3%.
47
Chanhassen City Council – July 22, 2013
15.The existing driveway access to TH 212 must be closed except for access for agricultural
st
purposes only on Outlot C, Jeurissen 1 Addition. An access easement across Outlot B,
st
Jeurissen 1 Addition, shall be recorded which shall follow the existing driveway alignment
with a width of approximately 26 feet. Said easement shall be vacated should alternate
st
access to Outlot C, Jeurissen 1 Addition become available.
16.The developer’s engineer must design a Street C typical section.
17.The development is adjacent to Bluff Creek Boulevard and is therefore subject to the arterial
collector fee at the time of final plat for Camden Ridge. The fee shall be $55,030.56 ($2,400
st
x 22.9294 acres of Outlot A, Jeurissen 1 Addition).
18.The developer’s engineer must incorporate pressure-reducing valves and a surge protection
system into the watermain plans.
19.The developer’s engineer will ensure that CBMH-102 does not conflict with the nearby
watermain.
20. Unless the Bluff Creek Boulevard Improvements assessment, City Project 06-05, levied
against the property described on Exhibit “A” is paid in full before the plat is recorded the
assessment is reapportioned against Outlot A. As of June 6, 2013, the assessment amount
with accrued interest was $796,302.31.
21.Water and sewer hook-up fees must be paid at the time of final plat.
22. P
reserving 60 feet of right-of-way to the property straight north of Camden Ridge.
Fire Conditions:
1.A three-foot clear space must be maintained around fire hydrants.
2.Temporary street signs must be installed prior to home construction.
3.No burning permits will be issued. Any trees removed must either be chipped on site or
removed from site.
4.Water mains shall be made serviceable prior to combustible construction.
5.Posts, fences, utility boxes etc. shall not be placed near fire hydrants which would hinder
firefighters to quickly locate and/or operate fire hydrants in a safe manner.
Natural Resources Conditions:
1.The applicant shall increase bufferyard plantings to meet minimum requirements.
48
Chanhassen City Council – July 22, 2013
2.The applicant shall plant a minimum of 130 trees in the development.
3.The applicant shall diversify the plant schedule so that no one species comprises more than
one third of the total number of trees.
4.The applicant shall specify vegetation proposed for Outlots A, B and C.
5.The applicant shall submit a revised landscape plan to the city prior to final approval.
6.The applicant shall preserve trees #1301, 1302, 1303. These trees along with trees #1393-
1398 shall be protected by fencing prior to and during any grading or construction activities.
7.The developer shall install signage at lot lines to demarcate the Bluff Creek Primary Zone.
Parks Conditions:
1.Full park dedication fees shall be collected per city ordinance in lieu of requiring parkland
dedication.
2.Construction of Bluff Creek Trail from its current southerly terminus, extending between the
new homes and Bluff Creek to a terminus point at TH 212. The developer shall provide
design, engineering, construction and testing services required of the “Bluff Creek Trail.”
All construction documents, including material costs, 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 asphalt and constructed to
meet all city specifications. The applicant shall be reimbursed by the City for the cost of the
aggregate base, asphalt surfacing, and storm water systems utilized to construct the 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 noted.
Labor and installation, design, engineering and testing services are not reimbursable
expenses.
Planning Conditions:
1.The developer shall pay $6,285.00 as its portion of the 2005 AUAR prior to recording the final
plat.
2.The developer shall prepare a noise analysis for noise generated by traffic on Highway 212.
The analysis shall identify appropriate noise mitigation measures to meet noise standards for
residential homes as specified by the Minnesota Pollution Control Agency, which shall be
implemented by the developer.
3.The Bluff Creek Overlay District primary zone, Outlot “B”, shall be conveyed to the City by
warranty deed free and clear of any encumbrances or a preservation easement acceptable to
the City shall be established over Outlot B before the plat is recorded.
49
Chanhassen City Council – July 22, 2013
4.Before any development plans are submitted for Outlot C, the property owner shall provide
appropriate technical information, including but not limited to a topographical survey, flora
and fauna survey and soil data deemed necessary for the city to determine the exact
st
watershed zone boundary on Outlot C, Jeurissen 1 Addition. Data for watershed zone
delineation shall be generated and provided by a qualified professional specializing in
watershed management, environmental science or other related profession.
st
Development of Outlot C Jeurissen 1 Addition would be inconsistent with the adopted
Alternate Urban Areawide Review, AUAR. Any development would need to conduct
additional environmental documentation or review or request an amendment to the 2005
AUAR.
st
5.The property owner must advise the city of the intended use of Outlot C, Jeurissen 1
Addition, and how it shall be accessed. This Outlot may not be developable or accessible in
the future.
6.Final plat approval will be contingent on the developer resolving the access issue. Either an
access easement or right-of-way must be in place prior to any site development.
7.Individual lots may not exceed the maximum hard cover per lot established in the compliance
table.
Water Resources Conditions:
1.Land disturbance within the first twenty feet of the Bluff Creek Overlay District setback shall
not be allowed unless the applicant can demonstrate that the goal cannot be achieved without
the proposed disturbance.
2.A mitigation/restoration plan must be provided for any disturbance within the Bluff Creek
Overlay District or setback from the BCOR.
3.Trail must be aligned to minimize the encroachment into the BCOR primary zone and
minimize loss of natural vegetation and habitat.
4.Efforts must be made to minimize the number of inlets into each pond.
5.The proposed ponds must be designed with a forebay.
6.The plans must demonstrate how water quality basin #1 and water quality basin #3 will be
accessed. This includes all inlets, outlets and filtration benches as well as sediment removal
from forebay and water quality volume.
7.The stormwater design shall, to the greatest extent practicable, seek to maximize infiltration,
extend detention times and protect Bluff Creek from scour and other erosive conditions.
50
Chanhassen City Council – July 22, 2013
8.The applicant must evaluate downstream flow conditions as indicated in Section 19-144.
9.A Surface Water Pollution Plan and all required elements must be provided to the city for
review. This plan must be compliant with NPDES requirements as well as the requirements
of Chapter 19 of city code.
10.SWMP trunk fees due at final plat are estimated to be $104,930.25.
11.The development must comply with the MN Rules chapter 6120 and the DNR must issue
their concurrence to this effect.
12.No alterations are allowed within the primary corridor or within the first 20 feet of the
setback from the primary corridor. Grading activities have been observed within this area
along the south side of Bluff Creek. The applicant should submit a plan for the revegetation
of this area that incorporates native plants and is consistent with the City’s Bluff Creek
Natural Resources Management Plan Appendix C. Any such areas that have been disturbed
through the removal or addition of soils material prior to approval shall be addressed prior to
commencement of other grading activities but no later than seven (7) days from approval.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
Councilman Laufenburger moved, Councilwoman Ernst seconded that the City Council approves
the Development Contract for grading of Camden Ridge subject to the following conditions:
th
1. If the Preserve at Bluff Creek 5 Addition final plat is not recorded, the developer for Camden
Ridge must acquire the right-of-way for River Rock Drive South to connect to Bluff Creek
Boulevard.
2. The developer’s engineer must adjust the grading on the trail near Outlot F.
3. The contours near the northwest corner of Pond 2, between Lots 6 and 7 must be smoothed out.
4. Additional information needs to be noted (such as elevation points between the lots) between lots
on the north side of Street B to show the grading will allow water to drain away from the
structures.
5. An escrow totaling $105,376.87 (110% of the estimated erosion control for this development) is
required before site grading begins.
6. The grading behind all the retaining walls must be modified so that water will not drain down the
face of the wall.
7. Walls taller than 6 feet shall not be constructed with boulder rock.
8. Retaining Wall B must be moved so that it is outside the drainage and utility easement at the back
of the lots.
9. An escrow totaling $66,709.50 (110% of the estimated cost of retaining wall construction) is
required before work on the retaining walls begins.
51
Chanhassen City Council – July 22, 2013
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
Mayor Furlong: Thank you everybody. Appreciate all your help. That completes our items of new
business this evening. Let’s move onto Council Presentations.
COUNCIL PRESENTATIONS:
Councilman McDonald: Yes, as everyone on the council knows I’m part of Southwest Transit and we’ve
started going through a number of things dealing with light rail as it comes down to Eden Prairie and so
there was a meeting last week with the Mayor and Mr. Gerhardt, kind of preliminary to just kind of look
at you know the effect upon the cities. What’s going to happen is, is that Southwest is going to put
together kind of their position paper on all of this as to what’s going to happen to Southwest Station, the
light rail and all of those things. That will be sent down to the City so we will be getting a paper from
Southwest Transit that we’re going to ask that the cities review, edit and then approve and then with that
we will be able to talk with kind of one voice and give direction back to staff at Southwest Transit as to
how the cities feel that Southwest Transit should proceed in the future so I just wanted to bring everyone
up to date on that. And you should see it probably before, about the end of July you should get, I don’t
know if it will be in time for our first meeting in August or not but that is the plan is to try to get it you
know down to City Councils by then.
Todd Gerhardt: I have Len Simich already scheduled for our work session first meeting in August.
Councilman McDonald: Okay.
Todd Gerhardt: And I think he plans on presenting that paper to the council.
Councilman McDonald: Okay.
Mayor Furlong: Thank you. Other council presentations? Councilwoman Ernst.
Councilwoman Ernst: Yes I would, thank you. So I just wanted to really congratulate Paul. We had, I sit
on the Metro Cities Board of Directors and we had a vacancy for a TAC position. The Transportation
Advisory Council position and there were approximately 8 candidates that submitted their resume for this
position and obviously it was a no brainer that there was a consensus that Paul was the best candidate for
the position. With his leadership skills, his project management skills and all the road construction
projects that you’ve had and the successes with those, as well as having the resources and the network for
obtaining funding for these projects so congratulations Paul. Well deserved and I’m excited that you’re
going to be the best candidate for the position. Excited to see what you’re going to do with that so.
Paul Oehme: Thank you council member. Yeah, looking forward to my service on the committee so.
Councilwoman Ernst: Great.
Mayor Furlong: Thank you. Other council presentations? Mr. Laufenburger.
Councilman Laufenburger: Oh Mr. Mayor I try to reserve my comments about the Red Birds because.
Mayor Furlong: When?
52