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CC Minutes 1-9-06 City Council Meeting - January 9,2006 Kate Aanenson: Well this one is unique in the fact that they're acquired an outlot to assemble with their property to secure dock rights. They're all unique, every time you do one. You know typically the one we most recently looked at prior to this didn't have riparian rights. While this is an outlot, it clearly has riparian rights. It's the fact that it was kind of what precipitated this is the staff's belief that that outlot was, the... provide just open space and not be used as a structure. The one we most recently looked at, the City Council, that one, you couldn't get to the depth to make that work so it didn't meet all the standards of a dock, while this one is on an outlot. It can meet the dock standards just as the impact to mitigate that for the, because it's going through the wetland. It can meet the depth on all that. And I think at the end of the day the goal with the wetland alteration permit, what we're trying to prevent is them selling off additional property and allowing somebody else to get a dock, and through the wetland alteration permit, which is our goal is not to have additional docks. So that's really, through a few years of negotiations, that's the ultimate goal is not to have additional docks on that outlot and that's what the wetland alteration permit will give us. Councilman Lundquist: Roger, that's within our power and jurisdiction to prevent structures or further subdivision or put that as a condition on that wetland alteration permit? Roger Knutson: Mayor and council members, yes it is because if we didn't, without that condition they could sell off that outlot and someone could use it for a stand alone dock. That'd be in violation of our zoning ordinance. Docks are allowed as an accessory to a principle dwelling. You can't just by a lot and just put a dock on, unless you qualify as a recreational beachlot, which is a whole different animal. Councilman Lundquist: Okay. Okay, that's all I had. Thank you. Mayor Furlong: Okay, any other questions on this item? If not, is there a motion? Councilman Lundquist: Motion to approve. Mayor Furlong: Thank you. Is there a second? Councilwoman Tjomhom: Second. Mayor Furlong: Made and seconded. Any discussion? Councilman Lundquist moved, Councilwoman Tjornhom seconded that the City Council approve a Wetland Alteration Permit to construct a dock at 6539 Grey Fox Curve for Kenton and Julia Kelly. All voted in favor and the motion carried unanimously with a vote of 5 to O. STONEFIELD, 1601 LYMAN BOULEVARD, PLOWSHARES DEVELOPMENT, LLC: A. PUBLIC HEARING ON V ACA TION OF DRAINAGE & UTILITY EAEMENTS. B. REQUEST FOR REZONING FROM AGRICULTURAL ESTATE DISTRICT, A2 TO SINGLE FAMILY RESIDENTIAL, RSF. 7 City Council Meeting - January 9,2006 C. REQUEST FOR SUBDIVISION INTO 30 LOTS. 1 OUTLOT AND PUBLIC RIGHT-OF-WAY WITH VARIANCES. Public Present: Name Address Mark Edman Brent Hislop Curtis Neft Matt Amack Craig J. Renir Matt Goldstein Steve Buan 1572 Bluebill Trail 1851 Lake Drive West #550 Westwood Professional Services 8633 Alisa Court 8668 Flamingo Drive Lundgren Bros. Construction 8740 Flamingo Drive Mayor Furlong: There are a number of items here, the first one of which and while it's listed under public hearing is related to vacation of existing drainage and utility easements. There's also a request for rezoning of the property and request for preliminary subdivision so staff report please and make sure at some point that we get into the public hearing. We don't want to. Kate Aanenson: Correct. Remind me when I get, but I'm going to wrap them all together. Kind of go back to the vacation. Kind of site where the property is. The subdivision and then back, circle back around to why we need to do the vacations. Mayor Furlong: Okay. Kate Aanenson: So if I forget you can help remind me to open up the public hearing. Mayor Furlong: Thank you. Kate Aanenson: Subject site, the Goers property is located off of Lyman. The current driveway comes that way but this subdivision actually will come off of Osprey Lane. It's the only way to access this property. Wooded area on the south. So this is the existing. There is a 50 foot right- of-way existing on that. That's the variance that you see before you tonight, is we think that transition from the 50 to the 60. This item was heard before the Planning Commission on December 6th to review the development. They approved, voted 6-0 to approve the subdivision itself. I'll go through the subdivision. The critical issues there and then like I said, I'll circle back and talk about the project itself. Again they're splitting part of the Goers' property, the property to the south of this. This is heavily wooded. There was a question brought up earlier at the Planning Commission meeting as preservation of trees. This is not in the Bluff Creek Overlay District. The Bluff Creek Overlay District is further south of this so this is treated. The wooded area as we do with any other project for the tree preservation and there's a requirement to actually replace a significant amount of trees. Part of this property is currently farmed so. Another question that arose, there are changes that you approved tonight regarding the subdivision and zoning ordinance. The zoning ordinance, there wouldn't be a change that would, there is a setback requirement from a pipeline that they would have to meet. That's in the 8 City Council Meeting - January 9,2006 zoning ordinance. They have accommodated that. There's other changes on the plat that they would have standing on that because by the time that's get published this plat would be through so they would have to make those changes on the subdivision itself. There is some extensive grading on the site, and then also the city is working. There's a drainage issue on the project itself too and I'll go through that for a minute. Again as I mentioned it was farmed. Heavily wooded. You're looking at some neighboring property. Looking at how this piece ties together. Part of what the staff looks at, I just want to kind of back out a little bit. One of the projects, this may be a little hard to see but part of what we look at is making sure all the pieces work together so actually engineering looked at how this property ties together. There was a question on the Bongaard property, which is on this side, how that would be served. There's a barn over here. Continuation of this temporary cul-de-sac. How that would serve. There is a barn there. Until such time that that property is subdivide, that would stay the way it is. The house could stay. It'd be a similar subdivision more than likely. The barn would probably go away so that was one of the things we looked at. It does meet all the lot width requirements. Again this kind of a new model that we'll be looking at. You saw the zone changes tonight. Included in your packet are the home plans itself. That's the direction we're moving in looking at some of these issues regarding configuration of home size on the lot. So the builder has, developer has supplied home plans. Specifically some of the smallest lots to show that they can meet the standard requirements because we do have a 90 foot frontage. Some of the developers now are moving up to actually 74 feet lot size so if you have 10 foot on either side, it'd be difficult to make that, so they've demonstrated they can meet all the requirements for their home placement plan. So the one issue we really struggled with was the retaining wall in and of itself. You can see along this red line, it might be a little hard to see but there's a retaining wall that goes up to 11 feet and back down. It's the only way that really this property can be subdivided. Some of the pieces that are left in the city as you know are the more challenging ones with some rolling topography that adds a lot of interest but also require some retaining walls. This retaining wall, the eastern side was actually reduced quite a bit so we worked with the developer to revise and reduce a lot of the retaining walls and their locations on the subject site itself. One of the other issues, there's a drainage problem ongoing for this property. There's a large drainage area that this will encompass. You can keep zooming. We're in this area. Here's Osprey through here. This is that larger drainage area that we'll be picking up, so the city had initiated through storm water management to do a ponding project, so we're partnering, because this pond serving this development will actually pick up a greater area than the subdivision itself. So the developer will be compensating the city for his portion of the drainage but we're also oversizing the pond and then when the other developments come in they'll pay for that oversizing, so that pond will be built to accommodate the rest of the development, and it's also picking up some of the drainage that's coming currently off of Osprey Lane. There will be no park and trail dedication. There will be fees taken at this time. Again the one issue with the street, there's existing 50 foot streets so we're making a transition between the Shenandoah plat and that vacation review. The new subdivision will accommodate the temporary pond will go away because we're creating a new pond. Again the vacation of existing right-of-way, we're making a transition between one end of 50 and 60, blending that and there's an existing utility. Again those are no longer needed and they'll be incorporated in the new plat so we need to vacate that and that's the portion you'll be holding the public hearing on. With that, the developer has responded to the staff in writing. We're working just trying to resolve some of the issues in good faith. With that, made significant changes from when it came in. Looking at the gas line. Accommodating that. 9 City Council Meeting - January 9,2006 Trying to get the setback. That is accommodated the new 20 foot so working through all those issues, reducing the grading. Tree preservation and reduction of retaining walls so we have, they have sent us a letter as of last week and so noted, we're moving in the direction. We'd like to keep the conditions in there as tracking so when they come back for final plat those don't fall through the cracks, so with that we are recommending approval and then I guess at this point I'd ask you to open the public hearing regarding the vacation of the easements. With that I'd be happy to answer any questions that you have. Mayor Furlong: Okay. Why don't we go ahead and open the public hearing regarding the vacation of the easements based upon the staff report, and then we may get back to other issues regarding the rezoning request and subdivision of preliminary plat. So at this time, without objection I will open the public hearing with regarding to the issue so say with the vacation of the existing easements across the property as outlined in item 4(a) in our agenda. Anybody, any interested party please come forward to the podium and state your name and address. Mark Edman: Good evening members of the council. My name is Mark Edman. My address is 1572 Bluebill Trail. I actually back up to the pond or the drainage area you're talking about, and I guess Ijust want a little bit more clarification as to actually what is happening to that area and a little more I guess clarification as to is it getting larger? Is it getting smaller? Is it moving? Just kind of a little bit more from that standpoint. Also just as a note, the meeting that happened on the 6th, I got some kind of notice that said that meeting had been cancelled so I just, from that standpoint I don't know what happened but there was some confusion there as to whether or not that meeting was going on. So not that it really would have made that much difference but I wish I would have known because I didn't know that meeting was actually happening. So anyway, but if you could clarify the drainage for me. Kate Aanenson: Sure. I believe Lori has spoken to you too? Mark Edman: No. Not me. Kate Aanenson: Okay. I think to one or two of the neighbors. I'll let Paul interject too if he has some additional comments or even Todd Hoffman regarding the parks. There is a trail that exists that's going through that. Part of this is park property, so again as I indicated the City's working with an engineering firm to design ponding to accommodate runoff that's oversized, kind of an oversized pipe running through and causing erosion on Mr. Goers property so this will accommodate that, plus the Bongaard property so we're servicing a larger area which is the city's goal. So it's a 3 cell pond. There will be some vegetation that needs to be removed but this is the location. I know that was a concern of some of the neighbors that some of the trees will have to be removed. And it's Todd's goal also to try to, I believe try to tie up a trail through that to get access to the park in and of itself. But so there will be a deeper, bigger pond to accommodate that. Mark Edman: More space? Is it going to be larger or is it just going to be deeper? Kate Aanenson: Mostly deeper. You want to come up here and point to it Todd. 10 City Council Meeting - January 9, 2006 Mark Edman: That's the new one. Todd Hoffman: This pond will be enlarged here to the west. To this bow right here. The trees that are currently out there on the hole or in the berm right now are primarily going to go. Kate Aanenson: They have to go, yep. Todd Hoffman: They should not be there in the first place on that embankment, and then we're having a third trail connection put in off of the new road at this location. We have our trail connection to the park off of Bluebill. We currently have a connection off of Mallard Court. In the future we'll be working with the residents to connect all three of those with an asphalt trail to the base of the sliding hill to provide some more convenient access throughout the park system. Mark Edman: Okay, so the trees you're talking about, only the ones that are right along there. Kate Aanenson: Correct. Those will probably be removed with that. And part of that issue is too, is we need to get in to maintain that so. That pond. And one of the other issues that was brought up regarding vegetation was the sliding hill. Slowing people down as they move towards the backs of those lots. Looking at some of those issues too. Mayor Furlong: Does that answer your question? Mark Edman: I guess. Mayor Furlong: This is a public hearing. Interested parties, please come forward if you'd like to the podium. State your name and address please. Craig Renir: Hello, I'm Craig Renir. I live on Flamingo Drive. I actually live straight down on the other side of the pond. Right in here. I'm wondering, why do the berm and the trees need to be removed? What are the advantages of that? Because I'd like to keep the berm there as a visual barrier until they redevelop and... And also it brings in those squirrels and birds and things into the area. And why would it have to be removed I guess. What are the advantages for removing a berm and trees? Mayor Furlong: Okay. It's a fair question. Would staff like to? Kate Aanenson: If we could save it and make the functionality work, we would but really to get the desired, you have to meet certain standards as far as slope and depth and to get it on that site, it's the only way it can be done. Craig Renir: I was wondering, I don't know if they can zoom on this. I guess we have the same out here. Kate Aanenson: Correct. Craig Renir: And here they actually, well you were saying they were moving this pond... 11 City Council Meeting - January 9, 2006 Kate Aanenson: It's a temporary. That's correct. The temporary will go, right. Craig Renir: And they'll be building a new pond. Kate Aanenson: Correct. Right now what's being done there right now is inadequate. We have horrible erosion problems through that property. It's inadequate. So again, we're serving a much larger. Part of this is picking up Lake Susan Hills. Part will pick up Bongaard's as it's eroding now and then this development itself, so again it's serving a regional area. That's why it needs to be so big. Craig Renir: How about you say you're moving a pond here at the end, a temporary pond as well as a new one. Kate Aanenson: That temporary pond is inadequate in size and capacity. Craig Renir: Well I understand but where is the new pond going to be? This pond is already here. Kate Aanenson: Yeah, it's going to be reshaped. Craig Renir: Okay... Kate Aanenson: Correct, and then there'll be two other ones that go there, yeah. Todd Hoffman: And one will go down here. Craig Renir: This pond is here. Todd Hoffman: That's here. That's here. This is the new one that's going to be built. These two will be reshaped and enlarged. Craig Renir: Do you have a topographical map or an aerial? Kate Aanenson: That's what this is. Craig Renir: Yeah the aerial map, this is the flood zone already. All this area. And why wouldn't you not build the new pond to an area that's already lower and a flood zone now? See actually there's a break. . . pond here reaches this comer and this is all low land. Every spring this all floods the way it is and then carries down the creek. . . Kate Aanenson: We'll take a look at it. Craig Renir: I'mjust wondering if you put the wall here, a berm and put an additional pond here. 12 City Council Meeting - January 9,2006 Kate Aanenson: ...it's very complex as far as... Right, that's what we're trying to solve. There's an existing pond there. We'll look at it. Craig Renir: But a lot of, I don't know, the berm is something I think we can talk to, I know you need a. I also understood the pond's over 6 feet deep. Is that true? Kate Aanenson: Right. Craig Renir: This pond, they're saying to go deeper with it. I believe the pond here is 6 feet... Kate Aanenson: Well, it's also the integrity ofthat pond isn't functioning as it should be either so. Craig Renir: Well actually the house, we have 3 pipes coming into it now and one leading out. Todd Hoffman: The outlet structure's failed on that, isn't it? Kate Aanenson: Correct. Todd Hoffman: Yeah. Kate Aanenson: If you look at what's going, I don't want to get really technical but if you look at what's going through right now, it's about 100 cubic feet per second. We're trying to reduce that down to like 99, so we're reducing the volume so you need more capacity to make the pond as big as we can on that site so that's the goal. And we're working with the consultant. I believe Lori has walked it, physically looked at the best we can. We certainly can revisit that and. Mayor Furlong: In terms of the design and. Kate Aanenson: Correct. Correct. Todd Gerhardt: Mayor if I could step in here. I think we should probably look at the overall development itself and as it relates to the ponding, I think we should sit down with the neighborhood and talk about some alternatives and discuss the overall construction of these. I think we had some informational meetings and unless they've messed up on our notice or something there and sit down with the neighborhood so they feel comfortable what's going on there. But if, I think we can do that in the next couple of weeks and get the feedback and bring the pond section back to the council. But there definitely needs to be some more communication done here. Craig Renir: Well one thing I noticed that, and I don't know if you walked it or not but, where the outlet is for the pond, there's actually one of the sheet of rock, the paper they use for settling the retention in construction over the outlet. Which greatly reduces flow so we do have a high flow of water coming into it. It just goes over the berm without the pipe. I guess those are all that point or issues with this pond... 13 City Council Meeting - January 9,2006 Kate Aanenson: It takes too much water too quickly. It doesn't hold it back. That's part of the goal of the storm water management is to hold it on site so it doesn't have the velocity of causing that erosion as it goes to the site. Todd Gerhardt: You're not seeing the erosion around the pond. The erosion is occurring farther down where the tree section is. Is where you're seeing the erosion occur. And the reason that the erosion is occurring down there is that, as Kate has mentioned, it's taking so much water out of there. There needs to be a new outlet installed. Craig Renir: Okay. Well another thing, issue here too is this drain tile running down this property line. Which has been washed out. Todd Gerhardt: Yes, and I was out on the site. I saw it. The pipe separated and you've got erosion going there. That's another problem but if that pipe was still connected, the outlet of the pipe further down into the woods, if you go to the southerly of the Goers property, you had extensive erosion problem down there that we spent several weeks of trucking debris out of there. Kate Aanenson: We cleaned up the site once this summer. Craig Renir: I was just wondering if another, over the berm we put another retention pond there and then had it to a level where the excess would be piped out across the whole area even the bottom of the park, .. . gully there even. Instead of just making a larger pipe through there. Todd Gerhardt: Could be an option. Like I said, I think we need to sit down with you to kind of explain how they came up with this design and then, you know if you've got some other suggestions I think we'll listen to you and see if they can incorporate them. And definitely if we're going to lose trees in this area, I've walked the area, maybe we can go back in and re- landscape some of those areas that we're losing some trees. Craig Renir: I mean I realize the trees right now are small. Todd Gerhardt: Yeah, they're ash or. Craig Renir: Well they grow in the flood zone, that's why. Todd Gerhardt: Yep, they like water. Craig Renir: ...is what's going to happen to the bottom of the area that...farmed? Todd Gerhardt: Yeah, I think we're planning on going in there and revegetating that area. Closer to where the pipe blew out. Put some longer prairie grasses in that area. Craig Renir: I was just wondering if it was just going to become you know mowed parkland agam. 14 City Council Meeting - January 9,2006 Todd Gerhardt: No. Todd Hoffman: Majority will be planted in long grass prairie. There will be just a small, little eyebrow that will be green grass at the bottom of the hill, and then beyond that, the majority of that will be long grass prairie. Craig Renir: Okay. Well I appreciate it, thank you. Mayor Furlong: Okay, thank you. Todd Gerhardt: If we could get both of your name and number and we'll sit down with you or any of your neighbors that are concerned and talk about the pond construction. Craig Renir: Okay, thank you very much. Mayor Furlong: Thank you. Anybody else that would like to comment during the public hearing with regard to the proposed vacation of the easements? I see a few people wiggling. Chris Amack: Good evening. I'm Chris Amack at 8633 Alisa Court and I'm actually pretty excited about it. I don't know a whole lot but again I missed the meeting. I was going to go but I also got an announcement something was cancelled so I don't know if it was my fault or what it was but, this backs right up into my property. My property's right here. I guess my biggest concern would be the erosion. Absolutely right. It's very severe. I've got a retaining wall and some landscaping that's been done and it's, that whole lower level I can't even put grass in basically. It's when it rains it's, you're basically not walking back there for you know a good week and a half. So as we look at putting a house down there, is there, are we going to elevate the land and if so, what happens to that water? Does it come back onto mine. Mayor Furlong: That's a fair question. Kate Aanenson: It should positively flow back towards the street. Towards the catch basin there. I don't have the elevation but we can check with him on that information. Mayor Furlong: Okay. Kate Aanenson: It's sheet flowing to the catch basin in the street. I don't have the sheet, do you want to look at that Paul? Paul Oehme: Sure. Mayor Furlong: So that will get graded? Kate Aanenson: Yeah, there's a catch basin out in the street so it's sheet flowing towards. Mayor Furlong: With the grading that will, with the grading of those lots. 15 City Council Meeting - January 9, 2006 Kate Aanenson: Correct. Mayor Furlong: Okay. Alright. Anyone else who would like to speak at the public hearing, please come forward. Okay, seeing nobody. Is there a motion to close the public hearing. Councilman Lundquist moved, Councilwoman Tjornhom seconded to close the public hearing. All voted in favor and the motion carried unanimously with a vote of 5 to O. The public hearing was closed. Mayor Furlong: Let's move on now. With regard to, there obviously are some issues that were raised here this evening by the residents that we need to address. Mr. Gerhardt, I agree with your idea. Is that, I didn't hear necessarily objections to the vacation. It was where's the water going to go? Obviously we need to come up with a good design there based upon a variety of factors. So does that preclude us given that, again maybe this is a question for Mr. Knutson. The motion on the vacation was conditioned upon the final plat of this development so if we act tonight on that vacation, if that's a desire, do we need to wait for the pond to be redesigned I guess is my question, if there is any more design needed. Or bring just that issue back? I'm sorry. Kate Aanenson: I believe the pond. Mayor Furlong: It is conditioned upon approval of the final plat so nothing's going to happen until these are all in place. Kate Aanenson: ...if I can just jump in but I guess what we would recommend, if it's okay with the council, before it comes back for final plat that we have the neighborhood meeting and we would commit to do that. .. . make it a condition... Mayor Furlong: I think we can do that sooner rather than later. Yeah, there were some good issues raised and I think we need to get that information discussed and, as well. So okay. Roger Knutson: But as far as adopting a resolution of the vacation as presented, I don't see any issues in delaying that unless staff does. Mayor Furlong: Because of the condition that it's contingent upon final plat. Roger Knutson: Right. Final plat. No final plat. No vacation. Mayor Furlong: Okay. Todd Gerhardt: And if we need a different easement, we can address that on the final plat. Mayor Furlong: Between preliminary and final. If that's where it goes. Now there may be other reasons that we want to pull. Kate Aanenson: Just for the edification of those people that are concerned, it is condition 29 that was added and that talked about the regional pond. Again we're doing a regional pond. We're 16 City Council Meeting - January 9,2006 designing it because it's going to serve more than this. As I indicated before the developer is responsible for their portion that they're contributing to it and then as the rest of the development goes in, but then we can just add something on that number 29. That neighborhood meeting be held prior to final plat regarding the pond. If that makes sense. Mayor Furlong: And perhaps you raise, besides a neighborhood meeting, there may be additional activities that take place prior to that design as well. So the conditions provide protection as well of this design. Okay. Let's bring it back then. Is there additional, Ms. Aanenson is there anything additional that you want to present with regard to the overall project? The rezoning or the. Kate Aanenson: Not at this time. Mayor Furlong: Okay. Alright. Are there any questions for staff at this time with regard to this project? Councilwoman Tjornhom: I have some. Mayor Furlong: Councilwoman Tjornhom. Councilwoman Tjornhom: This is for Kate. If you go back to the map and the temporary cul- de-sac. Temporary means obviously it will be used someday for another development, is that correct? Kate Aanenson: That's correct. Councilwoman Tjornhom: And with that development, would that entrance, would they use the same entrance that this development is using? Kate Aanenson: Yeah, we actually...it is a condition on there. That that cul-de-sac be extended I the future. Councilwoman Tjornhom: I've been here once too many times. Kate Aanenson: ... but this would tie back across, tie back across so we would put that in over to serve the Bongaard property if and when that developed, but we have to provide them adequate access. If you look at the topography of this property, this area, this is north here. If you can zoom in on this. It's a little hard to read but it's very challenging topography. This area down here really it's in the Bluff Creek Overlay. The southern part of the Goers property. You've got the ravine that we talked about with the erosion as it goes through there. So really you can't subdivide this bottom part soil types so you really have to take the development and bring it back over, tie it back in Audubon. So as part of what we do as planners, we have to provide access. We can't landlock somebody so we always sit down and work through those issues, so we've looked at a way to provide access to the property to the west. Councilwoman Tjornhom: Okay. 17 City Council Meeting - January 9,2006 Mayor Furlong: And I guess that access point, one is the southern point of this new road that's being developed and the other is. Kate Aanenson: Alisa Lane. Mayor Furlong: What's the name of that road? Kate Aanenson: Alisa. Alisa Lane... Mayor Furlong: ... so you'd have to loop around. Any other questions? Any questions from others? Ms. Aanenson, on the southern portion of this property, down closer to Lyman, is anything being done at this time? Kate Aanenson: No. Actually it's, the Goers will keep that house there. It does have access via Lyman. Because of the topography and the grades, it'd be difficult to further subdivide that. Again as a part of that it's adjacent. The parcel next to it is right in the Bluff Creek Overlay District so. Mayor Furlong: Okay. Nothing at this time. Thank you. Any other questions for staff? Is the applicant here? Is there any issues that you'd like to address to the council as well? Brent Hislop: Good evening. My name is Brent Hislop with Plowshares Development. Mayor Furlong: Good evening. Brent Hislop: I think Kate's explained the key items. As you have discussion I'd be glad to answer specific questions or one of our engineers will. No comments at this time. Mayor Furlong: Okay. Thank you. Any questions for the applicant? Okay. I'll bring it back to council for discussion. Any discussion on this? On any or all of these 3 items. Councilman Lundquist: Mr. Mayor, just to comment on the pond. Seems to be the concern so need to get that. As far as Kate, when you're talking about a condition of approval, I don't know that, because this is a regional pond and the developer will do their piece and we'll do our piece. I guess if we added as a condition that will inspire the developer to keep pushing us but I'm not sure that's necessarily the right spot. Not really the developer's issue. I mean it's really a city issue, not a developer issue so I'm not sure that I would favor adding that as a condition but somehow I guess, since we're on the record that just make sure that that gets done and obviously the developer will participate in that discussion but not really in favor of adding that as a condition of approval of the plat and burden them with that. Mayor Furlong: Help me understand with regard to creating a pond down there? Councilman Lundquist: Well it's a regional pond so it's not, I mean it's more than Stonefield development so, adding that condition that the developer puts that neighborhood meetings 18 City Council Meeting - January 9,2006 together and runs that and does all that is really more of a city, because it's a regional pond, that's more of a Paul and Kate thing and Lori than a Plowshares. Mayor Furlong: But the issue of creating ponding for stormwater management for this development is there, as well as creating a regional pond. Councilman Lundquist: Correct. Mayor Furlong: It gives the opportunity to do that. But in terms of the process of talking to the neighbors, making sure issues are addressed on the regional component of it. Councilman Lundquist: Yep, that's a city responsibility. Mayor Furlong: And the city can facilitate that and get that done. As well as. Kate Aanenson: Yeah but it's all the regional problem. Mayor Furlong: Right. Kate Aanenson: So far, yeah. So in that sense we said, you have to provide ponding. We were ahead of this. We recognized when we had our super event that we had, as it's already been discussed tonight, a blowout in some drain tile and some severe erosion down there, so we were already being proactive and doing some design work up there, so we're making it bigger, so you're right. It's not all their burden. We're putting a majority of that over sizing on our property but we have design constraints. We certainly want to educate the residents.. .design and see if there's minor modifications as the City Manager's indicated and if there's landscaping that we can do to enhance that. Mitigate that, we certainly want to get that input. Whether you put it in here a condition or not, we've committed to do that so. Todd Gerhardt: Mr. Mayor, council members. The role that the developer would play on this is where exactly those future drainage and utility easements are going to go. They're kind of the front person in establishing those and we've got to make sure where we need them. Where they work. Don't impact their development so they're a party to this and so they're kind of the one that we have to vacate the old easements and establish the new ones. Probably on a portion of your property, or Plowshares development, and some on our's so, that's the role that I see Plowshares playing in this. And that we would coordinate with the neighborhoods. Bring them into City Hall and explain how the construction of the ponds would be done. What would happen to the berm. What the landscaping plan would look like, probably after the ponds are constructed. That's how I view the next 2 weeks to occur. Mayor Furlong: I think, and since we're talking about the pond, Councilman Lundquist brought it up. Condition 29 talks about an alternative if the pond is not built. Clearly it's the objective here to build a regional pond, is that correct? Kate Aanenson: That's correct, that's our goal to solve a problem. Right. 19 City Council Meeting - January 9,2006 Mayor Furlong: Okay. Alright. Kate Aanenson: Again our policy has been to go where we have those opportunities to get the best use of our dollars and this is an opportunity. A majority of our property of a developer that's coming forward can expand the project and solve the problem. A bigger problem. Regional policy. Mayor Furlong: Okay. Councilman Lundquist: My point, I think we're going, it's the right thing to do. We need to get it done. My point was that I want city staff to drive that process and lead that process with obviously the developer participating a significant amount, but not that they take a lead on that. That we take a lead on that. Mayor Furlong: That's fine. Okay. Any other thoughts or discussions on the proposed rezoning or subdivision? Councilman Lundquist, no? Councilman Lundquist: No. Mayor Furlong: Anything? Councilman Peterson: Nor do I. Councilwoman Tjomhom: No. Councilman Labatt: Kate a couple questions on the location of that pipeline. I'm trying to look at this cross section on the grading. Kate Aanenson: Actually the pipeline comes, oops we're not on. So again this is north. Osprey. This is the street. This is the pipeline coming through. Through here, so the one lot that would be most impacted, we actually had them show a house plan that would fit on that lot. So that would be the lot with the additional 20 foot setback. Councilman Labatt: And where is that lot on the big plan? Kate Aanenson: It's Lot 4. Councilman Labatt: Right there, okay. So that house is just pushed to the north. Kate Aanenson: Actually the orientation would be this way so, it's this lot. So they met that new standard. Councilman Labatt: Okay. And the depth of that pipeline. Kate Aanenson: This one. This is Lot 4, Block 1. Oh I'm sorry. It's this lot. So this is the pipeline though right through here. 20 City Council Meeting - January 9,2006 Councilman Labatt: Okay. And what's the current depth right now of that pipeline? Kate Aanenson: Is it 4 V2? Gas pipeline. Brent Hislop: Depth of the pipe? Kate Aanenson: Correct. Brent Hislop: About 3 to 4 feet. Kate Aanenson: About 3 to 4 feet, yep. It's pretty shallow. Councilman Labatt: And after the grading's done, the proposed grade...is put in there, it will actually be a little deeper. Curtis Neft: The maximum allowed is 8 feet deep. And that's where we're at... Kate Aanenson: So that'd be the highest point of the hill at the top. Councilman Labatt: So between the road and the pipeline, it will be 8 feet? Curtis Neft: Correct. Kate Aanenson: And there's less grading as you get towards the end. Councilman Labatt: Okay, that's all I had. Just wanted. Mayor Furlong: Thank you. Well I think my comments overall, I think it's a good project and it's one again where I think the city staff and the developer have worked well together to come up, to address some problems that exist. Try to make improvements. Use this as an opportunity. Also plan for the development of the properties around it in terms of being able to extend this street and loop it back around. And also deal with a number of issues surrounding our park and the other neighborhoods, so overall I think it's a good project and congratulate everybody that works on it. Clearly there's some more information to be shared and ideas to be discussed with regard to that pond and I'm glad that we'll be taking care of that over the next few weeks as well to get that done so. If there are any other comments or discussion points? If not, we have three items here. I don't know that we need to separate those for any reason so if there's a desire to keep them together in the form of a motion, we can certainly, I would certainly entertain that at this time. If somebody would like to make a motion. I think they're in order. Councilman Lundquist: There's two. The third one. Mayor Furlong: The third one is item (a) which is the vacation. 21 City Council Meeting - January 9,2006 Councilman Peterson: We can make the motion relevant to what is submitted in the staff report and that might be the most prudent way to go through it. I'd certainly offer that as a motion. Mayor Furlong: Okay. That'd be items 4(a) and (b) within the staff report, including all the conditions there. Councilman Lundquist: 1 through 29. Councilman Peterson: Yeah. Councilman Lundquist: Second. Roger Knutson: (a), (b) and (c)? Councilman Peterson: Yes. Mayor Furlong: (a), (b) and (c). Okay. That motion is made and seconded. Is there any discussion or questions on the motion? Seeing none we'll proceed with the vote. Resolution #2006-04: Councilman Peterson moved, Councilman Lundquist seconded to approve a resolution vacating the existing storm water ponding easement, street, drainage and utility easement and drainage and utility easement as defined on the attached vacation description and contingent upon City Council approval of the final plat. All voted in favor and the motion carried unanimously with a vote of 5 to O. Councilman Peterson moved, Councilman Lundquist seconded to approve Planning Case #05-37 for Rezoning from Agricultural Estate District, A2 to Single Family Residential for the Stonefield Subdivision as shown on plans stamped "Received November 18, 2005". All voted in favor and the motion carried unanimously with a vote of 5 to O. Councilman Peterson moved, Councilman Lundquist seconded to approve to approve the preliminary plat for Subdivision Case #05-37 for Stonefield for 30 lots and 1 outlot with a right-of-way width variance, as shown on the plans stamped 'Received November 18, 2005', subject to the following conditions: 1. The applicant will be required to meet the existing site runoff rates for lO-year and lOO-year, 24-hour storm events. The proposed enlargement of the existing stormwater pond must be designed to meet the City's minimum standards and coordinated and approved by the City Water Resources Coordinator. 2. The storm sewer must be designed for a lO-year, 24-hour storm event. Storm sewer sizing calculations and a full-size drainage map must be submitted with the final plat for staff review and approval. 3. Drainage and utility easements must be dedicated on the final plat over the public storm drainage system including ponds, drainage swales, and wetlands up to the lOO-year flood 22 City Council Meeting - January 9, 2006 level. 4. Staff recommends that Type II silt fence, which is a heavy duty fence, be used adjacent to the existing wetland, existing creek area, and around the proposed pond. In addition, tree preservation fencing must be installed at the limits of tree removal. Erosion control blankets are recommended for all of the steep 3: 1 slopes with an elevation change of eight feet or more. 5. All plans must be signed by a registered Civil Engineer in the State of Minnesota. 6. Permits from the appropriate regulatory agencies will have to be obtained, including but not limited to the MPCA, NPDES, Watershed District, MN Department of Health, Carver County and the Williams Pipe Line Company. 7. The developer must obtain written permission from the Williams Pipe Line Company to perform the proposed grading within the easement. The developer is responsible for complying with all conditions of the Williams Pipe Line Company and assumes full responsibility for work performed within this easement. 8. On the utility plan: a. Show all the proposed storm sewer pipe type, size and class. b. Show the sanitary sewer pipe slope and class. c. Show watermain pipe class (C900). d. Add a storm sewer schedule. e. Show the existing storm sewer between Lots 1 & 2, Block 1 within the center of the 20- foot utility easement. f. Show the stormwater manholes rim and invert elevations. g. Add a note to remove the temporary pond outlet control structure. h. The last street-accessible storm manhole discharging to the stormwater pond must be manhole with sump. 1. Add a note: any connection to an existing structure must be core drilled. J. Extend the storm sewer farther to the south along the proposed street. k. Remove Lots 7 and 8 backyard storm sewer and add a storm sewer along the property line between Lots 4 and 5 and between Lots 8 and 9 block 4. 9. On the grading plan: a. Show Type II silt fence adjacent to wetland, pond, creeks, etc. b. Show the benchmark used for the site survey. c. Use class 5 storm sewer in the roadway; revise the note under general grading and drainage notes accordingly. d. Extend the swale between Lots 1 and 2, Block 4 farther to the east. 10. Any retaining wall over four feet in height must be designed by a registered civil engineer and a permit from the City's Building Department must be obtained. In addition, 23 City Council Meeting - January 9,2006 encroachment agreements will be required for any retaining wall within a public easement. 11. The underlying property has not been assessed for sewer or water improvements. The 2005 trunk hookup charge is $1,458.00 per unit for sanitary sewer and $2,955.00 per unit for watermain and the SAC fee is $1,525.00 per unit. All of these charges are based on the number of SAC units assigned by the Metropolitan Council. Sanitary sewer and watermain hookup fees will be specially assessed against the parcel at the time of building permit issuance. 12. All disturbed areas must be seeded and mulched or sodded immediately after grading to minimize erosion. 13. Any off-site grading will require an easement from the appropriate property owner. 14. If importing or exporting material for development of the site is necessary, the applicant will be required to supply the City with detailed haul routes. 15. The developer is responsible for 100% of the cost and construction of the lift station and forcemain and any associated costs. 16. All of the utility improvements are required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. The applicant is also required to enter into a development contract with the City and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. 17. Add a "dead-end road" sign at the cul-de-sac. 18. On the plat, show all existing and proposed street names. 19. Add City Detail Plate Nos. 1001, 1002, 1004, 1005, 1006, 1009,2001,2101,2109,2110, 2201,2204,3101,3102,3104,3106,3107,3108,3109,5200,5203,5204,5206,5214,5215, 5216,5217,5221,5232,5234,5240,5241,5300,5301, 5302, 5302A and 5313. 20. Show the street lights and a stop sign on the plans. 21. Submit public utility plans and profile for staff review. 22. City Forester's Conditions: a. A minimum of two overs tory trees shall be required in the front yard of each lot. b. The developer shall be responsible for installing all landscape materials proposed in rear and side yard areas. 24 City Council Meeting - January 9, 2006 c. Tree preservation fence shall be installed at the edge of the grading limits prior to any construction. d. Tree preservation on site shall be according to tree preservation plans dated 10/14/05. Any trees removed in excess of proposed tree preservation plans will be replaced at a ratio of 2: 1 diameter inches. 23. In the absence of parkland dedication, it is recommended that Stonefield pay full park dedication fees at the rate in force upon final platting. At today's rate, these fees would total $120,000 (30 lots x $4,000). Additionally, the applicant is required to construct the neighborhood asphalt trail connector to the property line as depicted on their preliminary plan submittals. 24. Water Resource Coordinator's Conditions: a. A wetland buffer 16.5 to 20 feet in width (with a minimum average of 16.5 feet) shall be maintained around Wetland D. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant shall install wetland buffer edge signs, under the direction of City staff, before construction begins and shall pay the City $20 per sign. b. All structures shall maintain a setback of at least 40 feet from the wetland buffer edge. c. The applicant shall work with the City's consultant to accommodate regional and site- specific storm water needs. d. The approximate location and extent of drain tile shall be shown on the plans. The applicant shall provide details as to whether the tile line will be removed, abandoned in place or remain. If the tile is to remain, the flow from the tile shall be accommodated in the design of the storm water management plan. e. The applicant shall provide rate control and storm water treatment to reduce off-site impacts. To provide a low-gradient means for controlling rate and volume, the applicant shall consider cooperating with the City to construct a wetland in the rear portions of any number of Lots 1-8, Block 3. In the event that the applicant is interested in pursuing wetland construction for banking purposes, this planning shall be integrated with the City's consultant's storm water infrastructure planning. f. Drainage and utility easements (minimum 20 feet in width) shall be provided over all existing wetlands, storm water infrastructure and storm water ponds. g. The developer asserts that, due to the steep grade in the southern portion of the property, custom grading would not save any additional trees. In addition, the developer maintains that the slope of the road and the location of the retaining wall make custom grading lots impractical. If the developer demonstrates to the satisfaction of staff that custom grading 25 City Council Meeting - January 9,2006 for their typical house pad would not result in additional significant tree preservation, mass grading of this area may be approved. h. The existing outlet structure of Pond A shall be removed and replaced in accordance with the City's standard detail. A stable emergency overflow (EOF) shall be provided for the pond. 1. The portion of the silt fence that runs from the pipeline easement through Lot 7, Block 3 shall be moved upslope to the west by 30 to 60 feet to more clearly define the grading limits. The area of property between the silt fence and the gully and property line shall be seeded and mulched to control weeds and get a desirable cover crop in areas that were recently farmed. J. A temporary basin shall be constructed in the vicinity of Lots 6 and 7, Block 3. The temporary sediment basin shall be installed prior to disturbing upslope area. A temporary perforated riser and stable emergency overflow (EOF) for the basin shall be installed; details shall be included in the plan. The basin shall be properly sized for the watershed area, according to NPDES requirements (i.e. The basins must provide storage below the outlet pipe for a calculated volume of runoff from a 2-year, 24-hour storm from each acre drained to the basin, except that in no case shall the basin provide less than 1,800 cubic feet of storage below the outlet pipe from each acre drained to the basin). k. Chanhassen Type 2 silt fence shall be provided for the perimeter of the site up to Lot 10, Block 3. From there, Type 1 may be used. Silt fence shall be shown on the plans around Lots 1 and 2, Block 1. 1. Curbside inlet controls are needed; Wimco type or ESS type (or approved similar protection) inlet controls shall be used. Curbside inlet protection shall be provided for existing inlets adjacent to the site exit on Osprey Lane. City standard inlet protection details 5302 and 5302A shall be included in the plans. The proposed rear yard catch basin protection shall be revised; Wimco type, ESS type or equal must be used. The proposed silt fence shall be installed with additional rock around Chanhassen type 1 silt fence. m. The plans shall be revised to show energy dissipation for the flared end section on Lot 7, Block 3. n. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Type of Slope Steeper than 3:1 10:1 to3:1 Flatter than 10: 1 Time 7 days 14 days 21 days (Maximum time an area can remain open when the area is not actively being worked.) 26 City Council Meeting - January 9, 2006 These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. o. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as-needed. p. In order to fund the maintenance and expansion of the BC-P4.1O storm water pond and construction of additional capacity, the costs will be allocated among the benefiting properties. The total cost of materials and construction will be divided by the number of acres in the resulting subwatershed. The City will be responsible for the acres contributing from land already developed, park land and land to be developed in the future (e.g., the Bongaard parcel). The developer will be responsible for the acres contributing from their development. If, for any reason, the regional storm water facility is not constructed, the developer will be responsible for providing storm water quality and quantity management on the subject property and paying Surface Water Management connection charges in accordance with City Code. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $65,364. q. In conjunction with the BC-P4.1O storm water ponding project, land in addition to the land shown in Outlot A may be required. At this time, the estimated amount of land is approximately 0.5 acres. The developer and the City will seek to agree upon the terms of the use of land for ponding should additional land be required. The developer, if required, shall provide additional land for ponding. 25. Fire Marshall Conditions: a. No burning permits will be issued for trees to be removed. Trees and shrubs must be either removed from site or chipped. b. Fire apparatus access roads and water supply for fire protection is required to be installed. Such protection shall be installed and made serviceable prior to and during the time of construction except when approved alternate methods of protection are provided. A fire apparatus access road shall be designed and maintained to support the imposed load of fire apparatus and shall be serviced so as to provide all weather driving capabilities. Pursuant to Minnesota Fire Code Section 503.2.3. c. Temporary street signs shall be installed on street intersections once construction of the new roadway allows passage of vehicles. Pursuant to 2002 Minnesota Fire Code Section 501.4. d. A lO-foot clear space must be maintained around fire hydrants, i.e., street lamps, trees, shrubs, bushes, Xcel Energy, Qwest, cable TV and transformer boxes. This is to ensure 27 City Council Meeting - January 9,2006 that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1. e. Fire hydrant spacing is acceptable. f. Submit proposed street names to Chanhassen Building Official and Chanhassen Fire Marshal for review and approval. 26. Building Official Conditions: a. A final grading plan and soils report must be submitted to the Inspections Division before building permits will be issued. b. Demolition permits must be obtained prior to demolishing any structures on the site. c. The developer must submit a list of proposed street names for review and approval prior to final plat of the property. d. Retaining walls more than four feet high must be designed by a professional engineer and a building permit must be obtained prior to construction. e. Separate sewer and water services must be provided each lot. f. Existing wells and on-site sewage treatment systems on the site must be abandoned in accordance with State Law and City Cbde. 27. The retaining walls shall be maintained by a Homeowners Association. 28. The City shall not be responsible for maintenance of storm water infrastructure on Lots 7, 8, and 9, Block 3." 29. In the event that the regional pond project is not constructed, the applicant has proposed the installation of a second outlet structure on Pond A. In that event the existing outlet structure that is failing must also be replaced. The cost of a new outlet structure to replace the existing failing structure would be borne by the City, but the replacement would be done by the applicant. All voted in favor and the motion carried unanimously with a vote of 5 to O. Mayor Furlong: Thank you everyone. And thank you to the residents too that came out and spoke this evening. Drainage and utility easements are often non-issues so I'm glad that people came and spoke because I think we'll end up with a better project afterwards so thank you very much. For your involvement and interest. 28