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11-14-2022 City Council Regular Meeting MinutesCHANHASSEN CITY COUNCIL REGULAR MEETING MINUTES NOVEMBER 14, 2022 Mayor Ryan called the meeting to order at 7:00 p.m. The meeting was opened with the Pledge of Allegiance. COUNCIL MEMBERS PRESENT: Mayor Ryan, Councilwoman Rehm, Councilman McDonald, Councilman Campion, and Councilwoman Schubert. COUNCIL MEMBERS ABSENT: None. STAFF PRESENT: Laurie Hokkanen, City Manager; Matt Unmacht, Assistant City Manager; Charlie Howley, City Engineer/Public Works Director; Jerry Ruegemer, Park & Recreation Director; Ari Lyksett, Communications Manager; Don Johnson, Fire Chief; Sharmeen Al-Jaff, Senior Planner; Jill Sinclair, Environmental Resource Specialist; Andrea McDowell Poehler, City Attorney; and Kim Meuwissen, City Clerk. PUBLIC PRESENT: Maria and Andy Awes 581 Fox Hill Drive David Bieker Denali Custom Homes Seth Loken Alliant Engineering CONSENT AGENDA: Mayor Ryan asked to move Item D7 from the Consent Agenda to Item G2 under General Business. Councilman McDonald moved, Councilwoman Rehm seconded that the City Council approve the following consent agenda items pursuant to the City Manager’s recommendations: 1. Approve City Council Minutes dated October 24, 2022 2. Receive Planning Commission Minutes dated October 18, 2022 3. Receive Park & Recreation Commission Minutes dated September 27, 2022 4. Approve Claims Paid dated November 14, 2022 5. Approve Temporary On-Sale Liquor License to Rotary Club of Chanhassen for February Festival on February 4, 2023 at Lake Ann Park 6. Approve First Amendment to Development Contract - Avienda Townhomes City Council Minutes – November 14, 2022 2 7. Resolution 2022-XX: Approve Lease with Ridgeview Ambulance to Transition Fire Station 2 to an Ambulance Base - This item was moved to Item G2 under General Business. 8. Resolution 2022-81: Approve 2023 Service Agreement for Joint Assessment with Carver County Assessor 9. Resolution 2022-82: Approve Settlement Agreement for Parcel 19 as part of the CSAH 101 Improvement Project 10. Resolution 2022-83: Supporting the Highway 5 Arboretum Area Project 2022 Minnesota Corridors of Commerce Request 11. Resolution 2022-84: Approve updated Limited Use Permits entered into with the State of Minnesota, Department of Transportation 12. Resolution 2022-85: Certifying Results of General Election held on November 8, 2022 13. Ordinance XXX: Amendment to Chapter 20, Zoning, Concerning Variance Extensions 14. Approve an Encroachment Agreement between the City of Chanhassen and Donald P. Beadles and Andrea P. Beadles All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS PUBLIC HEARINGS: None. GENERAL BUSINESS 1. 581 Fox Hill Drive: Request for Approval of Preliminary Plat Senior Planner Al-Jaff gave a presentation on the item, noting this subdivision is 2.7 acres into three lots and one outlot, zoned single-family residential with sewer and water available to the site. The item appeared before the Planning Commission on July 19, 2022; the proposal at that time consisted of four lots and one outlot, with a connecting street and a variance for the width of the street. The Planning Commission’s main concern was the amount of tree removal. They tabled action and advised the Applicant to reduce tree removal. On September 20, the Applicant appeared before the Planning Commission with reduced tree removal. After approval, the Planning Commission wanted to leave it up to the City Council regarding the street and paving. The current revised proposal maintains 55% tree canopy coverage and protects the wetland with a conservation easement. City Engineer/Public Works Director Howley spoke about the dedication of 10 feet of additional right-of-way for Fox Hill Drive and 30 feet for Carver Beach Road for a neighborhood consistency of 50 feet. He shared about grading and drainage, Best Management Practices City Council Minutes – November 14, 2022 3 (BMPs), surface water treatment, and a “ghost plat” to show what adjacent developments and connections could look like in the future. Ms. Al-Jaff noted the subdivision meets all Ordinance requirements and Staff recommends approval with conditions outlined in the Staff report. Councilwoman Rehm asked about the conservation easement and who would be responsible for maintaining that. Environmental Resource Specialist Sinclair replied it would depend on who owns the outlot and whether it belongs to the City or stays with the Applicant. The conservation easement would always run with the property and could not be taken away or changed. The City works with the developer to come up with the restrictions that guide the easement. Mayor Ryan stated the City received many emails from residents and clarified the City Council receives all minutes from the Commissions and receives forwarded emails. They are familiar with the concerns of this project. Regarding the neighbors to the south and the ghost plat, Mayor Ryan reiterated that the ghost plat is not legally binding, it is merely to show an alternative access point. She asked Mr. Howley to speak more about drainage and grading on the site. Mr. Howley explained the patterns of drainage, BMPs, catch basins, water quality, and volume control. He noted the current design is being looked at by the Water Resources Department and the Watershed District. He stated they will be able to meet the rules and regulations of both organizations regarding stormwater management. Mayor Ryan asked to clarify that from a legal perspective regarding trees, the City cannot deny the application because they wish more trees were being preserved. City Attorney McDowell Poehler replied in the affirmative, noting if the plat meets all the City Ordinance requirements, they do not really have leeway to deny. Maria and Andy Awes, Applicants, thanked everyone for their work getting to this point. David Bieker, Denali Custom Homes, noted because of the time they took to address people’s concerns, everyone is getting a little bit of what they want here. He noted it took some time to get here but they appreciate the process. They have tried to be good stewards of the land. He shared the owners of the properties have intentions to put more trees on the property other than the one required tree. Councilman McDonald moved, Councilman Campion seconded that the City Council approves the Preliminary Plat to subdivide 2.47 acres into three lots and one outlot as shown in plans dated October 27, 2022 subject to the conditions of approval and adopts the Finding of Fact. All voted in favor and the motion carried unanimously with a vote of 5 to 0. City Council Minutes – November 14, 2022 4 2. Resolution 2022-80: Approve Lease with Ridgeview Ambulance to Transition Fire Station 2 to an Ambulance Base City Manager Hokkanen stated through the facility study it was identified that Station #2 had become operationally ineffective. One suggestion was to transition it to a new use or divest the City of the facility. As the City is moving to add three full-time fire captains, they will soon have 24/7 response and permanent staffing from Station #1 which allows the City to get an engine out the door in two minutes. Before the Council tonight is a ten-year lease with Ridgeview Ambulance to utilize the expanded space. The City will not be receiving any lease revenue but will realize a savings of about $16,000 per year. Councilwoman Schubert moved, Councilman McDonald seconded that the City Council approving the lease with Ridgeview Ambulance for use of Fire Station #2. All voted in favor and the motion carried unanimously with a vote of 5 to 0. COUNCIL PRESENTATIONS Mayor Ryan congratulated Councilman McDonald on his reelection and congratulated Councilwoman Rehm on her election to the Minnesota House of Representatives. ADMINISTRATIVE PRESENTATIONS Ms. Hokkanen shared that BuyChanhassen and the Southwest Chamber of Commerce are teaming up for a Holiday Luncheon on December 14, 2022. CORRESPONDENCE DISCUSSION. 1. 2022 Building Permit Activity. 2. 2022 Housing Policy and Production Survey Report. Councilwoman Schubert moved, Councilman McDonald seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The City Council meeting was adjourned at 7:52 p.m. Submitted by Laurie Hokkanen City Manager Prepared by Kim Meuwissen City Clerk