CC Minutes 6-13-16Chanhassen City Council – June 13, 2016
14.A detailed plan of the filtration basins, consistent with the MN Stormwater Manual shall be
submitted with the final plat submittal for review and approval by city staff. It shall include,
at a minimum, a plan view, a profile view, all necessary elevations, any in situ soil
preparation, methodologies to be employed to protect from construction traffic, soil filter
media specifications, any plantings and any appurtenant work to be done.
15.Underdrains and drain tile shall have tracer wire and cleanouts.
16.Pretreatment shall be required for all filtration basins receiving piped discharge.
17.A forebay, surge basin or other approved energy dissipation device shall be provided for the
inlet into the biofiltration feature included in the outlot. The selected practice must not create
undue maintenance burdens. The end result shall be non-erosive velocities into the basin.
18.Efforts shall be made to raise the elevations of Lots 2 through 5 to assure positive flow
towards the street and ultimately to the treatment devices.
19.The applicant, their consultant and city staff shall collaborate to minimize drainage concerns
in the back and side yards of lots 6 through 10.
20. Storm Water Utility Connection charges due at the final plat are estimated to be $58,880.00.
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
Mayor Laufenburger: Thank you very much Ms. Aanenson, Mr. Oehme and Mr. Forbord.
Terry Forbord: Thank you very much.
Mayor Laufenburger: Thank you.
4060 LAKERIDGE ROAD: APPROVE WETLAND ALTERATION PERMIT TO BUILD
A TEMPORARY DOCK ON PROPERTY ZONED SINGLE FAMILY RESIDENTIAL
(RSF).
Mayor Laufenburger: Do we have a staff report?
Krista Spreiter: Yes. Thank you Mr. Mayor. As stated this is a request for a wetland alteration
permit at 4060 Lakeridge Road.
Mayor Laufenburger: And just for the record, for those in the chamber could you state your
name.
Krista Spreiter: Krista Spreiter, Natural Resources Technician.
Mayor Laufenburger: Thank you Krista.
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Chanhassen City Council – June 13, 2016
th
Krista Spreiter: You’re welcome. This item went before Planning Commission on May 17.
There were some neighborhood residents that got up and expressed a few concerns. Some of
these being increased boat traffic. Fish and wildlife. Water quality and the effect on the general
character of the lake. The property is located on the south shore of Lake St. Joe within the
Highlands on Lake St. Joe neighborhood which is a single family residential neighborhood. The
applicant is requesting a wetland alteration permit to construct a temporary dock on Lake St. Joe
to provide access to the lake. This is a view of Lake St. Joe from the property and where the
proposed dock would be placed. Just to give a little bit of background on Lake St. Joe pertaining
to docks. Lake St. Joe is classified as a natural environment lake under the DNR’s classification
system. This is the most restrictive classification under that system and it mainly controls land
use around water bodies. There is a maximum speed for Lake St. Joe of 15 miles per hour and
that is set by city code. The Highlands on Lake St. Joe HOA restricts the use of docks in order to
preserve the unique character of the lake. There was quite a bit of discussion when the
development came in and at that City Council meeting and it was kind of decided that the
wetland alteration permitting process as well as the restrictions by the HOA would be used to
limit further docks on the lake. However docks are an allowed use through state rules and our
city code. Also the City does not have any jurisdiction in regards to HOA covenants and
restrictions.
Todd Gerhardt: Krista can you point out the lot on this slide?
Krista Spreiter: Sure so here I believe, I don’t know for sure. I believe it’s this one. Can you
see my cursor?
Todd Gerhardt: Yep.
Krista Spreiter: Okay.
Mayor Laufenburger: So very near the bottom of that picture.
Krista Spreiter: Yeah it’s right there I believe.
Mayor Laufenburger: And the lot aligns kind of from the southwest to the northeast sort of
thing.
Krista Spreiter: Yep so they do have the required amount of shoreline to put a dock on and their
dock would meet the setback zone.
Todd Gerhardt: Thank you.
Krista Spreiter: The request is for a typical wood dock construction. It would be 3 ½ feet wide.
Approximately 95 feet extending into the lake only to reach an accessible lake depth of 4 feet
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Chanhassen City Council – June 13, 2016
and that is consistent with our city code. This is the approximate dock location. It would be
placed mainly in the area of the wetland that is composed of mainly cattails and is flooded
throughout the season. In regards to the Wetland Conservation Act, which the City complies
with and is the local government unit for, the applicant would not be required to follow the
sequencing or replacement rules under the Wetland Conservation Act which means that they
basically are exempt from the permitting process under that Act because they are under 20
square feet in a building setback zone or the shoreland zone. This meets the de minimis criteria
for that rule. So I should mention the wetland alteration permitting process for the City would be
the only permit that they would need to get. So in summary a dock is an allowed use on a single
family residential lot. The application submitted is only to determine if impacts are allowable
both under city code and the Minnesota Wetland Conservation Act. This decision made on this
application would not play any role in the administrative of the Highlands on Lake St. Joe HOA
covenants and restrictions. Therefore staff is recommending approval with conditions for the
wetland alteration permit application.
Mayor Laufenburger: Thank you Ms. Spreiter. Any questions for Krista from the council? Just
if I could clarify in laymen’s terms. The application is required because of what they want to do
but if we were to approve this application or this alteration permit, this does not mean that they
can automatically put a dock because they have their, they fall under the HOA covenants and et
cetera, is that correct Ms. Spreiter?
Krista Spreiter: Correct. They still have to resolve the issue with their HOA.
Mayor Laufenburger: Okay, but this must be done first before they can even go to the HOA to
ask permission if they can put a dock in.
Krista Spreiter: Correct Mr. Mayor.
Mayor Laufenburger: Okay, alright.
Todd Gerhardt: Mayor, council just to add to that a little bit. The City is, doesn’t have authority
over the homeowners association so it’s up to the responsibility of a property owner and the
homeowners association to work out the differences that may be in their homeowners association
agreement.
Mayor Laufenburger: But essentially what they want to do falls within our ordinances. We can
issue this wetland alteration permit and it doesn’t mean that we’re saying that it’s okay for them
to do it. They still need that permission from the HOA?
Todd Gerhardt: Correct.
Mayor Laufenburger: Alright, very well. Is there any discussion or a motion?
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Chanhassen City Council – June 13, 2016
Councilwoman Tjornhom: I’ll make a motion.
Mayor Laufenburger: Thank you Councilwoman Tjornhom.
Councilwoman Tjornhom: I’d like to make a motion that the Chanhassen City Council approves
Wetland Alteration Permit #2016-10 subject to conditions within the staff report and adopts the
attached Findings of Fact and Recommendation.
Mayor Laufenburger: Thank you. Is there a second?
Councilman McDonald: Second.
Mayor Laufenburger: Thank you Mr. McDonald. Any further discussion?
Councilwoman Tjornhom moved, Councilman McDonald seconded that the Chanhassen
City Council approves Wetland Alteration Permit #2016-10 subject to the following
conditions and adopts the attached Findings of Fact and Recommendation:
1. No dock shall be placed without permission of the Highlands on Lake St. Joe
Homeowners Association.
2. The dock must be installed in the shortest straight line distance through the wetland.
3. The dock and any associated watercraft must be located entirely outside of the 10 foot
dock setback areas.
4. No fill shall be placed anywhere within the wetland beyond the allowed 20 square foot de
minimis exemption.
5. No emergent vegetation shall be removed without appropriate permits from the
Minnesota Department of Natural Resources.
6. The dock shall otherwise comply with Chanhassen City Code.
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
ADMINISTRATIVE PRESENTATIONS.
Mayor Laufenburger: Mr. Gerhardt anything to report?
Todd Gerhardt: I’ve got one item. There is going to be construction work done by Carver
County at the intersection of Pleasant View and Powers Boulevard on kind of the west end of
Pleasant View as it intersects with Powers. There’s some topography issues with the contours of
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