CC Minutes 07-28-2014Chanhassen City Council – July 28, 2014
refinance and improve a qualified housing development project and the pledge of a full faith and
credit of the City of Chanhassen thereto and authorizing the execution and delivery of related
documents. All voted in favor and the motion carried unanimously with a vote of 5 to 0.
Mayor Furlong: Thank you everyone. We’ll look forward to getting those responses and then we will see
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this back at our next meeting, is that right Mr. Gerhardt? I think you mentioned August 11. Oh, Mr.
Sticha.
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Greg Sticha: You will not see this back at the August 11 meeting. The bonds will actually be issued by
the Carver County CDA. This is giving them the authority to go ahead and use our G.O. to go ahead and
do that so we won’t be awarding the bid of the bonds.
Mayor Furlong: Okay.
Greg Sticha: That will be done by them so, but we’ll get you that information first thing in the morning
in regards to the $128,000.
Mayor Furlong: Is that going to meet everybody’s expectations? Okay, thank you. Thank you for the
clarification.
Greg Sticha: Yep.
Mayor Furlong: With that let’s move on to the next item of business.
PRESERVE AT RICE LAKE, NORTH OF TH 212, SOUTHEAST INTERSECTION OF TIGUA
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LANE AND WEST 86 STREET, APPLICANT: JOHN KNOBLAUCH, J&S VENTURES 1,
INC.:
A. CONSIDER APPROVAL OF FINAL PLAT.
B. CONSIDER APPROVAL OF DEVELOPMENT CONTRACT, DRAINAGE AND
UTILITY EASEMENT, TRAIL EASEMENT, AND CONSTRUCTION PLANS AND
SPECIFICATIONS.
Mayor Furlong: Let’s start with a staff report please.
Kate Aanenson: Thank you Mayor, members of the City Council. There’s actually two items before you
tonight. One is approval of the final plat and the second action item would then be approval of
development contracts and drainage easements, trail easement and construction plans and specifications.
Typically final plats are on consent but this has been almost a year since you’ve seen it so we thought
we’d give you an update on the project.
Mayor Furlong: Thank you.
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Kate Aanenson: Again it’s located off of West 86. How you get access from 101 just north of 212. So
for the background on this, what you saw almost a year ago when you approved, that would be August
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12 of 2013 you approved multiple applications including a rezoning, a variance. Excuse rezoning for a
PUD. We actually changed that to get the lot size configuration to a medium density. A variance for the
length of the cul-de-sac. We did site plan review because in the medium density we do require site plan
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review. Also wetland alteration permit to provide access road coming in off of 86 Street and then the
subdivision for the 16 lots and 2 outlots and all this was predicated on the Metropolitan Council
approving a Land Use Amendment so we did do dual guide this one too, and that was approved back in
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Chanhassen City Council – July 28, 2014
the fall of 2013 so what you’re seeing tonight, all these things play into this project but what you’re
seeing again tonight is the final plat itself. So with that this is the layout of the plat with these 16 lots and
2 outlots. The trail access. We do have homes that we looked at that were being sited on this project and
I just want to point out for example on Lot 3, there’s each of the, you have a variety of choices to pick
from but Lot 3 is a little bit more constrained as far as the number, or the choices of home plans that could
go on there. Under the PUD a 30% hard cover so if you look at the plans, the house models that were
presented at that time, the purchaser would have to be very careful in considering, and we hope with the
direction of the developer that we’re working to get the right sized homes on the lots so the homeowner
has you know the expectation that they may be able to put a deck or some other things on the home that
we don’t maximize it right out of the gate. Again that Lot #5 would probably be the most challenging as
far as the home choice so just want to apprise you of that. One of the other issues that’s still outstanding
is the noise wall. When we, the wetlands were originally put in place this area shown here on the wall,
the wetland was a little bit greater so they needed additional encroachment from MnDOT. The
applicant’s aware of that but that is still document that still needs to come forward before this can actually
get executed so if you were to approve this tonight those things would still before the staff would release
that, would have to get that put in place. So with that there are again there’s two motions. The motion for
the final plat subject to the conditions in the staff report and then approval of the development contract
and I’d be happy to answer any questions that you have.
Mayor Furlong: Thank you. Any questions for staff? Councilwoman Ernst.
Councilwoman Ernst: Kate can you tell me with the 800 foot setback, what is the surface going to be
there? Is that going to be impervious with that, where that bare is?
Kate Aanenson: The hard cover? The street?
Councilwoman Ernst: Yeah.
Kate Aanenson: That’s what this is for. The length of the cul-de-sac, yes.
Councilwoman Ernst: Oh okay.
Kate Aanenson: It’s for the street.
Councilwoman Ernst: It’s a private street, okay.
Kate Aanenson: Yeah it’s just for the length of the cul-de-sac.
Councilwoman Ernst: Okay.
Kate Aanenson: Yes.
Councilwoman Ernst: Thank you.
Mayor Furlong: Thank you. Councilman Laufenburger.
Councilman Laufenburger: Thank you. Kate can you speak to the Findings of Fact, and let me give you
specifically there are some, some of the Findings of Fact where you identify this condition no longer
applies or this condition still applies. Can you talk first of all a little bit, how is that a Findings of Fact no
longer applies? Does that mean something has been resolved or can you just explain that?
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Chanhassen City Council – July 28, 2014
Kate Aanenson: Sure. On this I would say we call those actually, the word we use is say findings. It’s
not Findings of Fact. It would be a finding of the condition of approval. The reason we do that is we like
to be able to track for you if there’s something that came up that was maybe a resident brought up or the
council had a lot of interest in, we want to show you how that was modified. A lot of this is not only for
the developer’s edification but for the staff. If we go back and look at it, how it changed over time. For
example tree locations. We might say that the road was changed so that is no longer applicable. There’s
some hydraulic issues that were addressed that we got additional information on. In this case that did
happen. Some piezometers in getting additional water bounce in the area.
Councilman Laufenburger: So over time as this project continues, as you continue to interact with the
developer on the proposed project some of these things, based on decisions that are made, the findings are
no longer important. Is that what you’re saying?
Kate Aanenson: Correct. It’s like a checklist for the developer. For this project to go forward these
things need to be met and a lot of them have been checked off so we show you that it’s been met. Or it’s
been modified or it no longer applies. So that way we kind of streamline some of those conditions down.
Councilman Laufenburger: Okay. I apologize for not bringing this to your attention earlier today but
could you go to page 4.
Kate Aanenson: Certainly.
Councilman Laufenburger: Item 4(d). And what I notice is that the (d), it says this condition still applies
but the sub-items i, ii, and iii, those conditions no longer apply. So are the sub-conditions i, ii and iii, are
they not rolling up to d? Do you understand what I’m saying?
Kate Aanenson: Yes.
Councilman Laufenburger: Now I’ll give you some time to review that.
Kate Aanenson: Yes, I’ll let the City Engineer would like to comment on it too but what it’s talking
about is provide calculations or model demonstrating the City’s requirements so the developer, they
probably have submitted those calculations.
Councilman Laufenburger: Okay.
Kate Aanenson: So then that would eliminate some of the need for iron infiltration or, because there’s
other ways to approach stormwater management so some of those may have been.
Councilman Laufenburger: Okay so it’s, what you’re saying is the items i, ii, and iii may not be, in this
case may not be a summary or a roll up to item (d), is that what you’re saying?
Kate Aanenson: That’s correct. They could operate independently.
Councilman Laufenburger: Independently, okay.
Kate Aanenson: That’s correct.
Councilman Laufenburger: Okay. Alright. That clarifies it, thank you very much Kate.
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Chanhassen City Council – July 28, 2014
Kate Aanenson: It’s very complex and honestly you know with 5 years we try to have a legacy. If
someone went back to look at this project in 5 years, let’s say it didn’t get built out. Someone could
really go through all the details here and really track what we were trying to accomplish.
Councilman Laufenburger: Okay. Thank you very much Kate for taking that time to explain. Thank you
Mr. Mayor.
Mayor Furlong: Thank you. Any other questions for staff? Mr. Knoblauch, the applicant’s here this
evening. Anything you’d like to address the council this evening? Welcome.
John Knoblauch: Good evening Mayor, council. Just one item that.
Mayor Furlong: I’m sorry, if you could just introduce yourself.
John Knoblauch: I’m sorry, John Knoblauch of 1450 Knob Hill Lane in Chanhassen. The, couple things.
You know apologize for the kind of the delay in the project. My father, who was kind of my, I don’t
know if you want to call him my partner but my backer passed away in late October last year so we’ve
kind of had a shifting of the guard a little bit if you will and so we didn’t move the project along as fast as
obviously we would have liked to. But now it’s a little more pertinent that we would really like to grade
this project on the drier part of the year and with MnDOT’s got just a couple of t’s to cross and I’s to dot
here on their noise wall, that at least I’m aware of. Other than that it’s very, very close to I think to meet
all the requirements we’ve accomplished up to this point. But to get this graded in a drier part of the year
I think is important just because of the wetland as is, which has been approved there by Outlot B. It’s
going to be best to do that in the drier part of the year, which is September. August, September, October
so we really would like to get this project underway. Get blacktop in obviously before the cold sets in,
which is doable right now but if we go too much farther we’ll probably get into some tougher weather.
As far as MnDOT, the only thing that’s left on their plate right now that I’m aware of is they sent two
items over. One is we had to alter the wall to go out of, and make sure we didn’t go into a wetland. And
so the noise wall had to be altered and all they’re waiting on now, we’ve got it basically out of their clear
zone of the road but all they’re waiting now is just a small cross section drawing which I thought we’d
actually have today but should have in the next few days. They actually have approved the location of the
wall but the, they want to see a cross section of how the new wall, it’s got a part, it’s got a bumper rail on
it because it got too close, it’s not very close to the road but because the grade tips down we had to put a
bumper on it so they’re just waiting to see that cross section and then we should be good to go.
Mayor Furlong: Good.
John Knoblauch: Any questions?
Mayor Furlong: Thank you. Any questions for Mr. Knoblauch? No, very good. Thank you.
John Knoblauch: Okay.
Mayor Furlong: Bring it back to council for discussion then. Any thoughts? Comments? My
understanding is that this has been a challenge for everybody involved and we knew that back when we
dealt with this project or worked on it about a year or so ago with the location of the freeway and the
wetlands and all the other issues taking place. It’s quite a challenge so I’d like to thank everybody from
Mr. Knoblauch and staff for working together and finding a solution here so that what appears to be a
very nice development can go forward. So with that if there are no other comments, we have a couple
motions. I think we can take these as a single motion, unless there’s any objections so we have motion
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Chanhassen City Council – July 28, 2014
1(a) and then 1(b). Or excuse me, yep. Items 1(a) and 1(b). Would anybody like to make a motion? Mr.
Laufenburger.
Councilman Laufenburger: Thank you Mr. Mayor. I move that the Chanhassen City Council grants
approval for 1(a), final plat for Preserve at Rice Lake as shown on the plans dated Received June 13, 2014
and subject to the conditions of approval in the staff report, and that we grant approval for 1(b).
Development contract, drainage utility easement, trail easement and construction plans and specifications
for Preserve at Rice Lake conditioned upon the applicant supplying the City with a cash escrow or letter
of credit for $1,113,979.19 and pay a cash fee of $183,479.13.
Councilwoman Ernst: Second.
Mayor Furlong: Nobody should accuse us of not being precise. Is there any discussion to the motion?
Thank you for the second so quickly. Any discussions to the motion? Seeing none we’ll proceed with
the vote.
Councilman Laufenburger moved, Councilwoman Ernst seconded that the Chanhassen City
Council grants final plat approval of Planning Case #2013-12 for Preserve at Rice Lake to
subdivide 13.22 acres into 16 lots and 2 outlots as shown in plans dated Received June 13, 2014,
subject to the following conditions:
Planning Department Conditions
1. All lots must comply with the following table:
COMPLIANCE TABLE
Maximum
Area Width Depth
Hardcover Notes
(square feet) (feet) (feet)
(square feet)
60 at
PUD 10,000 building 100 30 percent
setback
L1 B1 10,085 129 122 3,025 Wetland
L2 B1 10,001 90 108 3,000 Wetland
L3 B1 11,324 152 109 3,397 Wetland
L4 B1 10,281 76 143 3,084 Wetland
L5 B1 10,103 70 146 3,031
L6 B1 10,301 63 134 3,090
L7 B1 10,017 62 128 3,005
L8 B1 10,000 62 128 3,000 Wetland
L9 B1 10,187 62 129 3,056 Wetland
L10 B1 10,024 63 123 3,007 Wetland
65 (building
L11 B1 12,083 116 3,625 Wetland
setback)
65 (building
L12 B1 10,017 118 3,005 Wetland
setback)
Wetland, * area of neck
108 (building
L1 B2 14,085* 132 4,225 (4,961 sq. ft.) excluded from
setback)
lot area calculations
L2 B2 10,781 91 106 3,234 Corner lot
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Chanhassen City Council – July 28, 2014
Maximum
Area Width Depth
Hardcover Notes
(square feet) (feet) (feet)
(square feet)
L3 B2 10,000 106 127 3,000
L4 B2 10,003 90 148 3,001
6.47 acres open
Outlot A 282,005
space/wetlands
1.09 acres open
Outlot B 47,560
space/wetlands
ROW 72,332 1.66 acres
TOTAL 576,299 13.23 acres
Wetland setback:
20-foot buffer, 30-foot principal structure, 15-foot accessory structure.
Front:
25 feet
Rear:
30 feet, accessory structure 15 feet
Side:
10-foot house, 5-foot garage
Environmental Resources Conditions
1. All relocated trees shall be warranted for two seasons and replaced by developer if dead or dying
within that time period. All overstory trees must be a minimum of 2.5” diameter and all understory
trees must be a minimum of 1.5” diameter or 6’ height.
Building Official Conditions
1.
Provide a 1:200 “clean” plat drawing (for addressing).
2.
Proposed street-name “PRESERVE COURT” is acceptable.
3.
Buildings may be required to be designed by an architect and/or engineer as determined by the
Building Official.
4.
A final grading plan and soils report must be submitted to the Inspections Division before permits can
be issued.
5.
Retaining walls over four feet high require a permit and must be designed by a professional engineer.
6.
Each lot must be provided with separate sewer and water services.
7.
The applicant and or their agent shall meet with the Inspections Division as early as possible to
discuss plan review and permit procedures.
Fire Marshal Conditions
1.
An additional fire hydrant will be required at the southwest corner of Lot 1.
2.
A three-foot clear space must be maintained around fire hydrants.
3.
Prior to combustible construction, fire apparatus access roads capable of supporting the weight of fire
apparatus shall be made serviceable.
4.
Temporary street signs shall be installed prior to and during time of construction.
5.
Prior to combustible construction fire hydrants must be made serviceable.
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Chanhassen City Council – July 28, 2014
Engineering Department Conditions
1. Advanced warning and speed advisory signs are required where the design speed is less than 30 mph.
2. The site plan and HydroCAD model must be revised to address the following comments:
a. Peak discharge rates are proposed to increase at the following locations:
i. Runoff leaving the western portion of Wetland A for the 2, 10 and 100 year design events.
ii. Runoff leaving the site to the north of the eastern portion of Wetland A for the snowmelt event.
iii. Runoff leaving the site to the north of the western portion of Wetland A for all events.
b. The applicant must provide calculations (or submit a model) demonstrating that the city’s
requirements for water quality are satisfied.
3. The developer shall replace the 18” culvert north of the site with a new pipe that provides the same
capacity.
4. The lowest floor elevation of Lots 1 and 2, Block 1 need to be adjusted to maintain three feet of
separation from the groundwater.
5. If groundwater is encountered during site construction the lowest floor elevations must be adjusted so
that there is a minimum three-foot separation.
6. The developer must acquire any necessary permits from MnDOT for grading or drainage.
7. It is difficult to discern between the proposed contours, lot lines and setback lines. The developer’s
engineer is requested to change the drawing line weights.
8. Some homes may choose to install a privately-owned and maintained booster to provide a higher
water pressure.
9. The owner of Lot 11, Block 1, Preserve at Rice Lake must be recorded in favor of 8591 Tigua Lane to
allow for the water service installation. This easement shall be recorded with the final plat.
10. An Encroachment Agreement shall be recorded against Lot 11, Block 1, and Outlot A, Preserve at
Rice Lake with the final plat to allow for the private water service to 8591 Tigua Lane.
11. Final Plat approval is contingent upon filing the drainage and utility easement on the property to the
north, 8591 Tigua Lane.
12. A portion of the trunk sewer and water hookup fees (WAC and SAC, respectively) must be paid in
cash with the final plat:
WAC 16 units x $1,886/unit = $30,176
SAC 16 units x $664/unit = $10,624
The remainder of the WAC and SAC fees and the MCES SAC fee shall be paid with the building
permit application at the rate in effect at that time.
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Chanhassen City Council – July 28, 2014
13. The proposed location of the catch basin on the east side of the cul de sac must be shifted so that it
will not conflict with the pedestrian ramp to the trail between Lots 11 and 12, Block 1.
14. The Agreement between the City and MnDOT to allow for the construction of the noise wall within
MnDOT right of way must be executed before the final plat is recorded.
15. A trail easement between Lots 11 and 12, Block 1, must be filed with the final plat.
16. The applicant must apply for and receive an NPDES permit from the Minnesota Pollution Control
Agency and provide evidence to the city prior to grading the site.
17. The following changes need to be incorporated into the SWPPP before any site grading can occur:
a. The sheet labeled Appendix C-1: Erosion and Sediment Control Plan shall show erosion control
blanket covering the disturbed areas adjacent to the road crossing the wetland and above the 894’
contour for the most southwesterly pond.
b. All erosion control blanket except in the overland emergency overflow areas shall either be
netting free or use jute netting or another biodegradable material approved by the City.
c. Topsoil shall be stripped and stockpiled in a berm on the up-gradient side of the silt fence. This
shall be indicated on Appendix C-1: Erosion and Sediment Control Plan.
d. Sheets L-1 and L-2 shall be added to the SWPPP after Appendix C-2 as these are part of the Final
Stabilization Plan for the site.
Water Resources Coordinator Conditions
1. An escrow in the amount of $62,815 will be due with the final plat for erosion and sediment control.
2. There is significant evidence of gully erosion at both off-site discharge locations. Rates must be
reduced below existing discharge rates or efforts must be taken to stabilize these discharge points to
prevent further channel incision and head cutting.
3. Wetland buffers are required around all wetlands on site. Extend buffer around wetland E.
4. Before permits are issued for any lot adjacent to a wetland, the developer shall install wetland buffer
signs as shown on sheet L1 Landscape Plan / Planting Plan. A $750.00 security will be required at
time of final plat.
5. Minnesota Department of Transportation right-of-way is outside of the City of Chanhassen’s WCA
jurisdiction as MnDOT is their own LGU. Chanhassen’s review of wetland boundaries ended at the
property limits. The applicant must get all appropriate approvals from MnDOT for work on the
sound wall.
6. The development must comply with the MN Rules Chapter 6120 and the DNR must issue their
concurrence to this effect.
7. Estimated Surface Water Management Connection charges due at the time of final plat are
$69,983.50. Provide area of wetland buffer and preservation/volume reduction area after
development to accurately calculate credit.
8. The land owner and the selected contractor must provide a Landowner Statement and Contractor
Responsibility for Work in Wetlands or Public Waters form to the City prior to working on the road
crossing into the site. This form is available on the Board of Soil and Water Resources website.
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Chanhassen City Council – July 28, 2014
9. Signs shall be placed along the preservation area to protect the area from encroachment after build
out, as shown on sheet L-1, prior to any permits being issued for any lot.
10. Seeded areas within the outlots shall be established and managed according to guidelines and policies
developed by the Minnesota Board of Soil and Water Resources as are available on their website.
11. The applicant shall comply with all MnDOT requirements for any work within their right-of-way, i.e.
noise wall, landscaping, etc.
12. Before the final plat is recorded the DNR must approve the wetland vegetation management plan.
13. Outlots A and B shall be deeded to the city.
Park and Recreation Conditions
1. Fifty-percent (50%) of park fees shall be collected in consideration for the dedication of Outlots A and B.
The park fees shall be collected in full at the rate in force upon final plat submission and approval. At
today’s rate these fees would total $46,400 (16 lots X $5,800 per lot/2).
southeast
2. Construction of the 8-foot wide neighborhood trail connection from the public street to the
corner of the property at connection point to existing trail.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
Councilman Laufenburger moved, Councilwoman Ernst seconded that the Chanhassen City
Council approves the development contract, drainage and utility easement, trail easement and
construction plans and specifications for Preserve at Rice Lake conditioned upon the applicant
supplying the City with a cash escrow or letter of credit for $1,113,979.19 and pay a cash fee of
$183,479.13. All voted in favor and the motion carried unanimously with a vote of 5 to 0.
Mayor Furlong: Thank you everybody again. Thank you for all involved for working together to get this
done. That completes our items of new business this evening.
COUNCIL PRESENTATIONS.
Mayor Furlong: Any council presentations this evening? I’ve got a couple things coming up this coming
Saturday I believe is the Tour de Tonka, if I’m not mistaken and there are signs around town, along some
of the roads. You’ve probably seen them as you’re driving along. That’s a major, major event that’s put
on by the Minnetonka Continuing Education organization and just hundreds of participants and so we
look forward to sharing our roads with them. As was mentioned earlier tonight, National Night Out is a
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week from tomorrow on August 5 and I believe in talking with Ms. Hoiseth we have close to 40 or just
over 40 neighborhood parties again this year.
Laurie Hokkanen: We are setting a record.
Mayor Furlong: Oh.
Laurie Hokkanen: As of today we have 51 parties.
Mayor Furlong: 51 parties? That’s awesome.
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