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CC 2011 11 14 CHANHASSEN CITY COUNCIL REGULAR MEETING NOVEMBER 14, 2011 Mayor Furlong called the meeting to order at 7:05 p.m. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilman McDonald, Councilwoman Tjornhom, Councilwoman Ernst, and Councilman Laufenburger STAFF PRESENT: Todd Gerhardt, Laurie Hokkanen, Paul Oehme, Kate Aanenson, Todd Hoffman, Greg Sticha, and Roger Knutson PUBLIC PRESENT: Bob & Cheryl Ayotte 6213 Cascade Pass Ron Schlangen 8912 Neill Lake Road, Eden Prairie Peter & Tricia Nowling 6271 Blue Jay Court Gary Boyle 9284 Bavaria Beach Road Melanie H. & Christian Svensgaard 795 Carver Beach Road Sue & Bruce Koehnen 1830 Koehnen Circle Bruce Burrington 6869 Yuma Bob Moore 6839 Yuma Vernelle Clayton 422 Santa Fe Circle Scott Hippen 7017 Cheyenne Trail Mayor Furlong: Thank you and welcome to everybody here in the council chambers as well as those watching at home. We’re glad that you joined us this evening. At this time I would ask members of the council if there are any changes or modifications to the agenda. If not, we’ll proceed with the agenda that was published without objection. CONSENT AGENDA: Councilwoman Ernst moved, Councilman McDonald seconded to approve the following consent agenda items pursuant to the City Manager’s recommendations: a. Approval of Minutes: -City Council Work Session Minutes dated October 24, 2011. -City Council Verbatim and Summary Minutes dated October 24, 2011. Receive Commission Minutes: -Planning Commission Verbatim and Summary Minutes dated October 18, 2011. b. Approve Release of Land from Contract for Private Redevelopment and Assessment Agreement: nd 2860 Water Tower Place , Lot 2, Block 1, Arboretum Business Park 2 Addition, PID 019- 25075002. Resolution #2011-62: c. Accept Donation of Double Batting Cages for Lake Susan Park, Chanhassen Athletic Association. th d. Approve Expansion of Licensed Premises, Haskell’s Wine & Spirits, 19900 West 78 Street. Chanhassen City Council – November 14, 2011 e. Approval of Temporary On-Sale Liquor License for School Athletics Fundraiser, St. Hubert’s Catholic Community, January 28, 2012. All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS. Ron Schlangen: This is my first time here so I apologize for not knowing the protocol. Mayor Furlong: Well welcome Commander. If you could state your name and address please. Ron Schlangen: My name is Rob Schlangen. I live in Eden Prairie, Minnesota and I am the Commander of the Chanhassen American Legion. I just want to thank the City for all that they do for us veterans in many, many ways. Starting with Memorial Day. They always are very receptive to us having the monument that Gary was so instrumental in helping construct and all that. Fourth of July parade was a big thing for us and now the Beyond the Yellow Ribbon with Tom being a member, but basically the whole community supporting veterans. Supporting military families. Just simply being patriotic and supporting us veterans, including our veteran back here. Vietnam veteran, City Attorney. So I just wanted to take a moment because I’ve never had the opportunity, I’ve never been to a City Council meeting in my life before so I thank you for allowing us to be here. Mayor Furlong: Well thank you very much. We appreciate those comments. Anyone else for visitor presentations? At this time I’d like to welcome Gary Boyle who’s representing the Chanhassen American Legion. Former City Council member as well. Welcome back to the council chambers. Gary Boyle: Thank you. Thank you. It’s a little different being on this side…interested people and of course this guy’s got to up stage me but. My name’s Gary Boyle. I currently live in Chaska. I was a council member a few years ago and on the HRA when it was HRA. I’m representing the Chanhassen American Legion, who along with the City of Chanhassen, which Tom is on the steering committee, is sponsoring the objective of getting Chanhassen proclaimed as a Beyond the Yellow Ribbon Community. Just to give you a little bit, and I know you received quite a bit of information and I know Tom put a letter out, but Beyond the Yellow Ribbon is a comprehensive program that creates awareness for the purpose of connecting service members, and their families, into community support training services and resources. For example, if a spouse is deployed overseas and the family needs some assistance in mowing the lawn, removing snow, electrical work, contract work, whatever it might be, we will have a resource that they can call and they say yes. In Chanhassen we have so and so and go to so and so and we will connect them th with a person. Our meeting on November 19 is geared to finding this network, this source that people that will have the ability to help our service members families when they’re deployed or when they get back. If they need child support, whatever. Of finding those people so we can make the connection. It’s a network program. And my basic purpose here tonight is to give you that information and then say th please, you’re invited to the meeting on November 19 at 10:00 a.m. at the Chanhassen American Legion. We will have some cookies for Bob Ayotte. Or excuse me, donuts for Bob Ayotte and cookies and other refreshments. Do you have any questions? th Mayor Furlong: Questions for Mr. Boyle. The meeting on the 19, 10:00 I believe. Is that correct? 10:00 Saturday morning at the American Legion. Gary Boyle: Correct. Mayor Furlong: And again if there are people working with or part of an organization, churches, schools, other non-profits. I know there will be representatives from the Lion’s and the Rotary Club there and 2 Chanhassen City Council – November 14, 2011 others but if there are people that are working with an association that would be interested in helping other people, and that’s what this is about is putting together, as Mr. Boyle said, putting together those contacts so when people need help we can help them. You know they’re free to come as well and I know Ms. Hokkanen is active on the steering committee as well as with a number of other people. There are about 12 or 15 people on the steering committee, if my count’s correct and so if there are other people interested. This is a good organization. It’s a Minnesota born organization, as I understand it. Beyond the Yellow Ribbon. There are a number of other cities that have received this designation. While the designation is important, I think the key is too that it’s really the organization going beyond the designation to help other people. To help those who, either their husband, their wife, a family member is currently deployed or coming back from deployment. We had a very sad situation with a Chanhassen soldier earlier this last week and the, and while he was in active duty there were clearly some issues from deployment as well and they were challenging so what we’re trying to do is get people together to help other people where needs are identified so, thank you for taking the lead on this. I appreciate it. Thank the Legion and Gary for taking the lead on the steering committee for this great organization. Gary Boyle: Thank you and Laurie, thank you tremendously for all your support. We, I just was contacted recently by the young man who was wounded in Iraq and is back and will be at the meeting and we have a young lady there also who’s going to talk about what it’s like to be a spouse when a husband is gone and a video that I swear when you see that, if you don’t have a lump in your throat, I’d be amazed. It’s going to be a very interesting meeting. Not a dry meeting so don’t hesitate to come. Any other questions. If not, thank you. Mayor Furlong: Any other questions for Mr. Boyle? Gary Boyle: Thank you very much. Mayor Furlong: Thank you. Also with us this evening is Mr. Gary Van Eyll who is the District 3 Representative for Chanhassen, which is part of Chanhassen at the Metropolitan Council. Former Chaska Mayor. We’ve got all sorts of former council members here this evening. Good evening Mr. Van Eyll, how are you? Gary Van Eyll: Doing great. Thank you very much Mayor Furlong and council people. I appreciate this opportunity and it’s a great organization and I know that there are other communities around here that are going to attempt to be that. Mayor Furlong: Chaska is as well I know. They have an active group. Gary Van Eyll: Yes. Yes it is and the Met Council was the first state agency that has become a Beyond the Yellow Ribbon agency so you know we’re very proud of that so it’s a great organization and I’m glad to see that, as always the Chanhassen community is stepping forward and doing that. It’s great to see. As Mayor Furlong said, my name is Gary Van Eyll. I’ll just give you a little bit of background. Nobody had any specific questions they wanted to hear so I think it was just more of a meet and greet. If you have some questions I sure will answer them but to just give you a little bit of background on myself. Like the Mayor said, he and I were rookie mayors together way back when. That’s been a couple years ago now I know but, so we got together quite a few times when we were learning the ropes and so, but I’ve been in, was on the council 4 years before that. I was with the volunteer fire department for 20 years before that so been involved in the community for quite a while. Councilmember Laufenburger and myself were on the U.S. Census and we counted quite a few people and learned some things along the way and glad to see that the councilmember got elected even though I have some, we had some difficulties. 3 Chanhassen City Council – November 14, 2011 Councilman Laufenburger: You don’t need to disclose that Gary. We don’t need that on either of our public records okay. Gary Van Eyll: Oh okay. Okay. Then I won’t say anything about it at all. Councilman Laufenburger: No, thank you very much. Gary Van Eyll: But, so I’ve been involved in the community affairs for quite a few years so when I got this opportunity to represent your community and this district, I thought that I could do a great job for us. This district is, covers quite an area. It covers all of Scott County, except New Prague, who’s not in the 7 county metro area for some reason. All of Carver County and in Hennepin County I have St. Boni and Minnetrista so by far I have the largest area of anybody on the council and some people say that they have 8 council that they go and see once a month. I have like 23 or 25 councils that I have to go see so I appreciate the opportunity coming here. I’m on the Management Committee. I’m on the Environment Committee and I am the Chairperson of the Audit Committee so it’s, I have got appointed on the first part of March and since then I have learned considerably a lot about the Metropolitan Council and about the functions that we have. Unfortunately we haven’t been able to do a lot. I think that we’re in the process right now of setting different priorities and different goals than what the previous council has, which might change a little bit and hopefully that is going to be more of a positive change. I think you’ll see that this council is a little bit more proactive. Being out and about a little bit more, just like I am right here. I think I only have like 3 or 4 of my councils that I have to visit yet. And then I’ll start on my second go around because I do not want to be the type of council person that doesn’t show up. I want to be around and if you have any questions I want you to be able to have a face that you can ask questions with so. With that being said, that is about everything I had to say tonight. If there are any questions I sure would like to answer them. If I can’t I’ll sure get back to you. Otherwise I just have some cards I’ll pass out. You have my name and phone number. My phone number is my home. I office out of my house so you can just call me there. Mayor Furlong: Any questions of Representative Van Eyll? Councilman Laufenburger: Just a couple, if you don’t mind. Mayor Furlong: Councilman Laufenburger. Councilman Laufenburger: Mr. Van Eyll, we thank you for your service. I know that this is the Metropolitan Council is an appointed position, is that correct? Gary Van Eyll: Yes it is. Councilman Laufenburger: Appointed by the Governor, right? Gary Van Eyll: Yep. Councilman Laufenburger: And I think for the most part the entire Met Council with the exception of maybe one or two people was, were newly appointed in what was it, February or January or something like that. Gary Van Eyll: In March. Councilman Laufenburger: In March. 4 Chanhassen City Council – November 14, 2011 Gary Van Eyll: It was entirely appointed except for one so we have 16 council people and one chair person. The other council person that wasn’t appointed, that was re-appointed had only been on for approximately 2 years. Councilman Laufenburger: Okay, so Gary do you see that this council operates as a, are they a balanced approach to the Metro Council? To the metropolitan area, or are they sharply geared towards Dayton who made the appointment? So I’m asking you to make a statement about how you see the council operating. Gary Van Eyll: We do perform at the, at Governor Dayton’s convenience but as far as I know that he has not come up and said this is what you have to do and we have never made a decision that says this is what you have to do. I don’t think though that, now we are in the process of setting our goals and objectives for this council. We have been in, just for the last 6 months doing what the previous council has set for goals and objectives and just carrying those out and when we set our goals and objectives we’ll see what the Governor does say and if there’s something that he does disagree with, then you’re right. We can’t do it but so far I don’t, I haven’t seen anything like that and I can’t, we’ve had some, I think the more we get into it the better discussion and the better governing we’re going to be able to do. Councilman Laufenburger: Okay. And the chair person is Ms. Haigh, is that right? Gary Van Eyll: Yep. Chairperson Susan Haigh. Councilman Laufenburger: So has she identified some key objectives that she wants the members of the council to align behind? Gary Van Eyll: Yes. We have talked a lot about, as you know Chair Haigh was, came from Habitat for Humanity and we’ve talked about affordable housing and talked about some of the things that, where the corridors of housing should be and that’s what she’s talking about. But when we’re doing studies, I think that one of the great things about the Metropolitan Council is it, it’s a planning organization and basically I’ve found that it’s, it’s basis, it’s real back bone is planning and so far that’s what we’re getting. I mean they’ve taken the results of our U.S. Census and put it down and talked about the planning and where housing should be and available space and things like that that probably will be used when we set our goals and objectives but yes, she is a chair just like the mayor. Has a little bit more influence than lowly guy out here in District 4. Like one of the city administrators from out here, Susan Arntz out of Waconia said, Gary you’re a long way out. Make sure you have a loud voice she said so I don’t know, you probably, you know me a little bit. Tom knows me probably a little bit better. Councilman Laufenburger: Your voice has good strength to it Mayor. Gary Van Eyll: I’m not one to be quiet and I am, I have asked questions and we are working in directions that probably makes people a little bit uncomfortable there right now, meaning staff a little bit and asking why we do things. Not just doing them because, we ask why. Councilman Laufenburger: Okay. And your term is a 2 year term or a 4 year term? Gary Van Eyll: It is a 4 year term, or until the Governor doesn’t like me anymore and he can say goodbye. Councilman Laufenburger: Alright, thank you Gary. That’s all I had Mr. Mayor. Gary Van Eyll: You’re welcome. 5 Chanhassen City Council – November 14, 2011 Mayor Furlong: Any other comments? I guess Mr. Van Eyll, just a couple things and you’re right, we’ve known each other a long time. I think your hair was darker and my head was fuller at that time but I think it was. Gary Van Eyll: And we both might have been just a little bit thinner. Mayor Furlong: Perhaps. Perhaps. But I think over that time clearly our two cities, I say our two cities. When you were mayor of Chaska, Chaska and Chanhassen certainly had a great opportunities to work together and I want to thank you publicly for your role in that, and that’s where having those relationships, which we’ve talked about before is going to be critical and helpful to you developing those relationships at the Met Council now because that’s how things get done ultimately. Gary Van Eyll: I think we both realize that, along with Victoria when we sat down that first meeting over here at Byerly’s and sat down at breakfast and say what the heck are we going to do? We knew that we had to do… Mayor Furlong: He’s revealing way too many secrets. Confidence from the beginning as I recall but that’s my memory. Gary Van Eyll: Well, that’s not the way I recall it. Mayor Furlong: But I think as you and I have talked about, just within the last few months with Mayor Windschitl from Chaska and I and that is in this area of transportation needs are critical and when we talk about planning, planning for the transportation needs of your district. Our cities. Carver County. I know Scott County, you’re hearing a lot from them I’m sure as well in terms of both roads, regional priorities for roads as well as transit services with the opt out Southwest Transit, Shakopee, Prior Lake, and even Minnesota Valley Transit Services. Gary Van Eyll: I think those are probably two of the, two of the subjects that my voice has been the loudest in and working together with a couple of the other counties or districts where it’s out there like Anoka and other counties like that so yes, we are talking about that. Mayor Furlong: Excellent. Excellent. Very good. Thank you for coming this evening. We appreciate it. Gary Van Eyll: Thank you very much for the opportunity. Mayor Furlong: And for your service. Gary Van Eyll: I appreciate that and. Councilman McDonald: Well if I could. Mayor Furlong: Oh I’m sorry. Councilman McDonald: Yeah you brought up the subject. You’re out seeing the city councils and those things. Are you going out to the, you know the opt out transits like Southwest Transit? Are you talking with their boards and you know bringing them up to speed on what’s going on because there’s a lot of things going on right now that Met Council seems to be at ground zero as far as the future of the opt out’s. Gary Van Eyll: We are working together with the opt out’s. The staff is working together with the staff. We are working together with the board. We will be meeting here in December with a couple of the other 6 Chanhassen City Council – November 14, 2011 opt out’s. Myself and some of the other council members on, that represent the opt out’s. We’ll be working together just to get, disseminate some of the information and to work together to get some of that together so yes, we are doing something on that. We are not just sitting there on our hands. Councilman McDonald: Well I would certainly invite you to come to one of the board meetings, especially for Southwest Transit and talk to the board members and get the perspective from that viewpoint as to you know where we’re at as far as transit and what the Met Council could do to help. Gary Van Eyll: Yes, I have gone to a couple of their board meetings and heard their perspective, let’s put it that way. Councilman McDonald: Okay, thank you. Gary Van Eyll: You’re welcome. Mayor Furlong: Thank you. Gary Van Eyll: You’re very welcome. I do have some cards here. I’ll pass them down to Councilmember McDonald, if he could pass them out there. My number’s on there. If you have anything, give me a call. Thank you very much. Mayor Furlong: Thank you very much. Is there anyone else that would like to address the council under visitor presentations this evening? If not then we’ll move on to items on our agenda this evening. NOWLING VARIANCE APPEAL: REQUEST FOR A VARIANCE TO CONSTRUCT A SINGLE FAMILY HOME, 6829 YUMA DRIVE, APPLICANT: PETER & TRICIA NOWLING. Mayor Furlong: This was actually, was at the Planning Commission and as I understand it was approved but it has been appealed. The approval has been appealed to the City Council. What I’d like to do this evening is start with a staff report to give the council background and then invite the individual that is appealing the Planning Commission’s decision to come forward and address the council on matters of concern and then to the extent that the applicants, the Nowling’s are here, they may want to present or staff may have some, be able to answer some questions, if that makes sense to everybody. So Ms. Aanenson, let’s start with the staff report please. Kate Aanenson: Thank you Mayor, members of the City Council. As you indicated this is a request by the applicant for variances to allow the construction of a single family home on a non-conforming lot. This is a lot of record which is zoned residential single family. A traditional single family residential lot is 15,000 square feet. This lot is 8,936 feet but it is a lot of record and it does have, can apply for reasonable use of the property. This item did appear before the Planning Commission for a public hearing th on October 18, as you indicated. I think there was some confusion. The Chairman did introduce the item. Asked for a public hearing. I think there was some confusion of when someone was supposed to get up, but the Planning Commission did vote 6 to 0 to approve the variance request. So I think the neighbors felt that they weren’t able to be heard, therefore the process is to appeal the request which they did in a timely manner and that is why this item is before you tonight. To appeal the decision. Anybody aggrieved of a decision. So with that, again the request is for the side yard variance, a rear yard. Let’s see. I’m sorry. The request is for a 18 foot setback on Yuma. It’s a three cornered lot, which also is a little bit different. A proposed setback of 9 feet off of Ringo and then from the southern property line, a drainage swale and easement from the back which does meet the setback so it’s on the Yuma Drive and the Ringo Drive that it needs the setback variances. So again Carver Beach has a lot of different lot configuration because the lots that were created a number of years ago were very small. So they were 7 Chanhassen City Council – November 14, 2011 some with a lot of different matter so while the standard lot created today would be 15,000 square feet, back in 1927 when a lot of these lots were created there’s just a minutia of all different types of lots. So this lot was assembled with about 5 different lots added to it to create the lot of record that it is today. The 8,936 square feet. In looking at the subdivision when, or excuse me for the variance when this came in it was noted that there’s drainage on the lot. When the applicants, the Nowling’s first came in it was believed that they only needed a variance on one street side and so in looking at that and actually doing a site visit, it was determined that there’s a drainage swale on the back of the lot and you can see the pictures here. Existing drainage swale. Therefore the lot had to be pushed forward more and because it had to be pushed forward more from this original plan, I’m going to go back to this slide. You can see the drainage swale then in here. It required additional variance. And that was through no fault of their own of the drainage swale being on the site. So with that, going through that with the Planning Commission, so you can see the original proposal showing the drainage. So this would have been the only variance requested. Considering it was a small lot, they met the standards of the minimum home size. It only needed the one variance on the three cornered lot. Because there’s three corners, each would need the 30 foot setback. Now we measure these also from the eaves. We don’t take them from the foundation so any overhang would also be included in the required setback, but because of the drainage swale the engineering department wanted the house pushed forward so it required that additional drainage. Excuse me, additional setback variance. So with that, and the ability for the applicant to put additional berming there to control the runoff would be what the condition that was added through the staff that the Planning Commission concurred with. Staff felt that this was a reasonable request based on the lot of record of that size and a reasonable sized home on that lot. So a condition was that the drainage, there’d be 3 feet of separation. So the applicant did work to revise their plans and based on the original proposal to meet that. The 3 foot separation and constructing a berm on the south of the property to protect the neighboring property, and then also provided drainage easement over that property so they’ve agreed to all those conditions. So with that, the Planning Commission did recommend approval of the variances subject to the conditions in the staff report and they did approve that. So with that, because it’s being appealed, we’d also recommend that the City Council concur with those recommendations. Mayor Furlong: Alright, thank you. Any questions for staff at this time? Mr. McDonald. Councilman McDonald: Yes, I’ve got a question. Within that neighborhood are there problems with setbacks of houses? Have we given variances to other properties there? Kate Aanenson: Yes. Throughout Carver Beach, yes. There’s been a number of variances throughout Carver Beach. Councilman McDonald: Okay. Todd Gerhardt: Mayor, council just to kind of add to that. Carver Beach is one of our older neighborhoods and I think Kate showed the photo of the smaller lots and Roger will tell you that once you have a lot of record, you have to work with that property owner to make it buildable and in some cases you’re limited in what you can do and you have to grant a variance. I know we’ve worked with the property owner on this one from a variety of different ways to try to get them to comply with all the setbacks but you still have to have a structure that is livable and has some marketability to it so this is the best that we could come up with. Mayor Furlong: Okay. Alright, any other questions at this time? Councilwoman Ernst, did you have questions? 8 Chanhassen City Council – November 14, 2011 Councilwoman Ernst: Kate, when we’re talking about the separation of 3 feet, for the water drainage, how, so how far up to the property line does that, is it 3 feet that it has to come up to the property line? How do we make sure that it doesn’t exceed the 3 feet? Kate Aanenson: Well it’s a standard condition we have in our, our ordinance says it’s the lowest living area has to be a 3 foot separation. That would be between a wetland or a lake or. Councilman Laufenburger: Is it a vertical separation? Mayor Furlong: It’s a vertical separation. Are you asking about horizontal to the property line? Councilwoman Ernst: I’m talking about the drain path that comes down next to the property line. SO I’m assuming that that’s what we’re talking about here, right? Todd Gerhardt: No. Councilwoman Ernst: No. Kate Aanenson: No. Councilwoman Ernst: Okay, so what is that one then? Is that 2 feet or is it 3 feet? Where the drainage path comes close to the property. Kate Aanenson: I can ask the City Engineer but it looks like it’s approximately 10 feet would be the separation from the rear of the house to where the drainage swale would be. Mayor Furlong: Are you asking to the property line? Councilwoman Ernst: Yeah. Kate Aanenson: Oh. Mayor Furlong: I mean doesn’t a drainage easement goes to the property line generally doesn’t it? Kate Aanenson: Yeah. This is the house setback here. This was originally 10 feet. The house shown on here, the only variance would have been off of the Ringo setback so this met it. This is 10 feet so it’s probably 3 times so it’s probably 30 feet now from the rear of the property line. Is that your question? Councilwoman Ernst: Not from the rear of the property line but where it parallels the property line. Mayor Furlong: You’re talking about the drainage path. She’s asking about the drainage path. What would be the drainage easement on the south property line? How close will the drainage easement go to the south property line? Councilwoman Ernst: Right. Mayor Furlong: I think it goes to the property line, doesn’t it? Kate Aanenson: Yeah, it’s pretty much in the same place it is today. Which would be on that aerial, this is the neighboring property to the south and then this is in a ways. The current culvert. You can’t see the 9 Chanhassen City Council – November 14, 2011 property line on this picture. This is the culvert. This is the neighboring property line so it’s in this area over here so. Mayor Furlong: Can you point out the culvert on the picture on the right? Yeah, I see the one on the left. Is it right there on the left side of the picture on the right? Kate Aanenson: It’s hard to see with the trees. Councilwoman Ernst: It looks like it’s right here. Kate Aanenson: I think it might be easier just to kind of go to maybe in this area here where it’s coming through. Councilman Laufenburger: Who’s recommendation was it that the proposed building footprint be moved to the north? Kate Aanenson: The city engineering department. Councilman Laufenburger: And for what reason? Paul Oehme: Mr. Mayor, City Council members. The proposed building shift is to accommodate the proposed future drainage along the south side of the new structure. The drainage pattern more or less follows it’s current location of the proposed drainage route. We wanted to try to maintain that as best as we can. We’ve looked at other options. Sheet draining the water down Ringo Drive. Bring the water up to the north and down Yuma. We looked at several different options and nothing seemed to work except for leaving the drainage consistent where it is today and trying to shift the structure north to create some separation between that drainage and the new structure. Councilman Laufenburger: So if I read this correctly the elevation at the beginning of the drain along Ringo Drive is 992.5 and the elevation where it exits the property on the southwest corner by Yuma is approximately 987. So you’ve got 5 feet of drainage there and you didn’t want a house getting in the way of whatever water might. Kate Aanenson: That’s correct. Councilman Laufenburger: Is that really what you’re doing? Paul Oehme: Try to separate that. Councilman Laufenburger: So you’re taking the house out of the river. Paul Oehme: Correct. Councilwoman Ernst: Excuse me, but if I could go back to my question that I’m still not clear on how far that comes up to the property line. The drainage path. Paul Oehme: The drainage path? Well if you look at the south, the proposed house where it’s currently proposed, it’s approximately 28 feet from the south property line there. The drainage path is roughly right in the middle of that so you know 14 feet. Mayor Furlong: To the. 10 Chanhassen City Council – November 14, 2011 Paul Oehme: From the proposed house to the drainage swale. Councilwoman Ernst: Right. Paul Oehme: It’s about 14 feet from that south property. Mayor Furlong: Does it follow the red arrows on this picture? Kate Aanenson: Yes. Paul Oehme: Correct, yes. Just follow the red arrows. Councilwoman Ernst: So next to the property line that’s next to this development is how many feet from that drainage? Paul Oehme: Yep, from the property line to where the swale’s proposed is about 14 feet. Councilwoman Ernst: Yeah, I can’t see the footage though on how. Kate Aanenson: Let me just back up. Currently this is how the property is draining. So nothing’s changing on that. Mayor Furlong: What are, what views? What’s the direction we’re looking at with those views? Kate Aanenson: So this is the current, this is the current culvert right now. It’s not being moved. This is how the water runs right now. It runs in the same place. Until we went out and physically observed it, we walk every variance. Go out and observe it. Then we say well the house has to be moved out of that drainage swale so the drainage swale is still in the same location. The house is now being pushed forward out of, so an additional variance to push it, to create the separation between the current drainage. Councilwoman Ernst: Okay so I was out and looked at the property as well so where that property, so where that drainage is today is where it’s going to stay, right? That drainage path. Paul Oehme: Approximately. Kate Aanenson: Approximately. Paul Oehme: The drainage pattern approximately is going to stay in it’s current location. Councilwoman Ernst: And how do we make sure that that doesn’t change? Paul Oehme: We’ve tried to put in as many safeguards into the design as we can. The biggest improvement that we’re proposing under this design is to create a berm on that south property line. Under the new proposal it’s about 3 to 4 feet higher than the structure to the south there so channelizing that water away from that structure. Creating a berm there to make sure the water moves as quickly and efficiently to the east, or to the west as possible and not impacting the, that south property. Kate Aanenson: And if I may, there’s one other safeguard. With every building permit, then before they get the occupancy they would also have to submit the as-built survey and that’s something that engineering would review so they have to shoot the grades and demonstrate that they’ve met the 11 Chanhassen City Council – November 14, 2011 requirements of that and so that is, they’ve put security down for that to make sure that they design and finish it as per plan. Councilwoman Ernst: Okay. Kate Aanenson: So that is a requirement too. Test that check. Councilwoman Ernst: Thank you. Another question I have is the setback. So when we’re talking about these small setbacks like this from 30 feet to 12 feet. I actually, I saw in here that they’re considering Ringo Drive to not be a public road. But when I was out observing this site I noticed there were multiple cars that were using that road as a public road. So I’m just curious is there, why is not considered a public road? Kate Aanenson: The setbacks are being measured back from a public street. It’s not an improved street so. Mayor Furlong: I thought I saw in the staff report, is it public right-of-way? Kate Aanenson: It’s public right-of-way but it’s not an improved street. People are using it as a private, kind of you know access but it’s not an improved public street. It is a public, it is a right-of-way. Todd Gerhardt: Mayor, council we’ve talked about gating it off and the neighborhood has used it as an access route in the past. It’s not improved. It’s city right-of-way. We monitor it so nobody stores or makes improvements into the right-of-way and, but I’m not surprised if you saw people using it. They kind of use it as a rear access, an alley and most of the homes have been designed and laid out as if it was a public street so, that’s how we used it. We have no plans in the near future to upgrade it but there’s also no desire to see it being vacated either. Councilwoman Ernst: Does that mean that the residents that have Ringo Drive as an address then, that their address would change if that’s ever gated off? Todd Gerhardt: No. Councilwoman Ernst: Just because the road is there and not being used doesn’t mean it can’t have an address with that I assume. Todd Gerhardt: We have no plans of gating it. Councilwoman Ernst: Okay. Todd Gerhardt: People have requested that it be gated. Councilwoman Ernst: With this setback then and we talk about this part of Chanhassen being an area where we have concerns for water runoff, with this kind of a setback it concerns me that we’re opening it out for more of that to happen because this lot is fairly close to the lake and so I guess I’ve just never seen one come through where we’re asking for that much of a variance. Kate Aanenson: Well actually the only variance they’re asking, but for the fact that there was a drainage swale there, they only needed the one but because we asked them to move the house forward, based on the fact that they met our standards for a 2 car garage and met our minimum lot size, the only other 12 Chanhassen City Council – November 14, 2011 variance they needed was the front yard. Excuse me, the setback on the two side streets. Otherwise they would have only needed the one so. Todd Gerhardt: Mayor, council, another point of reference on this that you should be aware of is that there is not a drainage easement over this lot so right now the water is draining across a private individual’s lot and you know with this variance and development we’re making the situation much better by directing the water off of the existing home and following a swale between the existing home and the new home. But right now that property owner, you know I don’t want to give him any advice. Councilwoman Ernst: Okay. Mayor Furlong: Any other questions? Councilwoman Ernst: No. Councilman Laufenburger: Just one. The picture of the culvert, can you go to that? Okay, on the left. Now can you go back one slide and show us where is that culvert located right now. Kate Aanenson: It’s right here. Councilman Laufenburger: Okay. Kate Aanenson: This is the culvert coming through. Councilman Laufenburger: Okay, go back to the picture then. In this picture on the right, is that the southerly property line? Kate Aanenson: That would be the. Mayor Furlong: Which direction are we looking on that picture on the right? Kate Aanenson: Isn’t that on the east side. Councilman Laufenburger: So the picture is taking in a northwesterly direction, is that correct? Kate Aanenson: Correct. Right, yeah. Mayor Furlong: Along Ringo? Kate Aanenson: Well we’d be facing Ringo because it’s coming off… Mayor Furlong: I’m talking the picture on the, Ringo would be behind the bushes. On the right side, the picture on the right. Todd Gerhardt: The person taking the picture is from Yuma. Councilwoman Ernst: Right. Todd Gerhardt: And looking up the property line to Ringo. Councilman Laufenburger: In a east, northeast direction. 13 Chanhassen City Council – November 14, 2011 Todd Gerhardt: Yes. You can see the existing home to the right. If you click back Kate, there’s the existing home with the trailer so it’s draining and heading east. Councilman Laufenburger: So Ringo is, in that picture on the right, Ringo is off in the distance. Todd Gerhardt: Yeah, behind those two trees behind the trailer. Councilman Laufenburger: Okay, got it. Mayor Furlong: Any other questions for staff? At this time. Okay. I’m sorry, did you have one? Councilman Laufenburger: I’m just having a hard time picturing that culvert is Ringo because Councilwoman Ernst says that Ringo is a drive, then there’s public use on there and on top of that culvert there’s trees. Councilwoman Ernst: Well it’s actually not on top of it. It’s like behind it. Kate Aanenson: So here’s the lot as it sits. So this is what we’re talking about coming through. Todd Gerhardt: The culvert is underneath the dirt and then it outlets onto the lot. Councilman Laufenburger: Okay, well. Kate Aanenson: So you can see here this is a 40 foot right-of-way unimproved. Councilman Laufenburger: Yep. Yep. Mayor Furlong: Okay. Mr. Bob Moore was the gentleman that filed the appeal if I’m correct with that. Is he here or his representative like to address the council? Good evening. Bob Moore: Good evening. I’m Bob Moore at 6839 Yuma Drive. Mayor Furlong: Okay. Thank you. Bob Moore: That’s right? Mayor Furlong: Well. Bob Moore: Well you said you have to address, what you have to say who you are… Mayor Furlong: Yes, and thank you for name and address. Perfect. Thank you. Bob Moore: Well you answered a lot of the questions and, but if you look at the picture where you see the drainage way and you see the trailer. Mayor Furlong: Let’s go to that if we can Ms. Aanenson. Bob Moore: I will explain that to you real quick. See the drainage way there where the water comes out. Mayor Furlong: You’re on the left picture? 14 Chanhassen City Council – November 14, 2011 Bob Moore: The property line is to the right about 8-10 feet. Somewhere in there. I don’t have the exact measurement. So that’s my property line. That’s my trailer. To the south of that which would be to your right about 8-10 feet. Mayor Furlong: Okay. Bob Moore: And it goes up and then it angles over to that culvert. Where it goes up and sort of stops and then it angles over to the culvert and the culvert comes through, there’s some trees and directly on the side of the trees is where the road is. Mayor Furlong: Okay. Bob Moore: Where those trees are so that comes about 3 feet or so in from the road. I’m guessing about where the road ends. Mayor Furlong: Okay. Good. Okay, good. Bob Moore: If that helps you out a little bit on that part. Mayor Furlong: That does. I guess I’d be interested, and I’m sure the council would be too, in terms of the basis for your appeal of the Planning Commission’s decision. If you’d like to address the council on those factors now as well. Bob Moore: Yeah. The question I have is, is when is it, when you request a variance, when is it too close to build a house to the road because that is like a city street because you plow it and maintain it and I’ve always thought it was a city street. And they say it’s not sort of a city street. I sort of don’t know what it is. What is in a city street and when I take a look and says you want to put a house 9 feet from a street, the front of the house from one street is very small. The other street there, the other side is only, you’re talking 9 foot variance and the one 18 feet from the front. The house is right next to the road in the front. Very little front yard. Very little back yard and the south side where the drainage is, it says in the thing here that the City’s going to, said they had to have, have to give a 15 foot, what’s the word? I’ve got it written, kind of highlighted here. Easement. Mayor Furlong: Easement. Drainage easement, yep. Bob Moore: To maintain that waterway so basically from my property line, 15 feet north, that nothing could be ever put into there. That makes even the lot even smaller. You really don’t have any yard to speak of, and I question 9 feet from the city street. That’s pretty close for a house. Now I have no problems, you know the front variance is 18 feet. That’s closer, other houses in the neighborhood they’re closer to the roads but when you start talking 9 feet, you know what is the City Council’s policy on or feeling on that? Do you feel that this area is exempt from all the rules? I mean there are parts of the city you don’t give variance to. You don’t let them build within that feet. My neighbor across the street wanted to build a deck and wanted to encroach just a little bit into the 30 feet in the front and he says zero inches. You can’t encroach so he had to angle the deck. So that was what my big question and the water drainage you’ve been discussing. Mayor Furlong: Okay. 15 Chanhassen City Council – November 14, 2011 Bob Moore: So there’s not much more and I’m very concerned about the water being, you know right now I don’t have any water problems. Never have. I have a sump pool in my house and over 30 plus years we’ve never had a drop of water. Mayor Furlong: Okay. Bob Moore: So I’m concerned about the water, that they’re plus on the side of my garage there if it does drain into that drainage ditch from the side of the garage and that little back area comes down. Mayor Furlong: It goes north to the drainage ditch? Bob Moore: Yep. Yep. That whole area there does drain. Now you’re going to put a berm there, you know how you going to berm and put the water through? Mayor Furlong: Okay. Bob Moore: So I’m very concerned about that. Mayor Furlong: Okay. I guess let’s get one of those questions at a time here. Kate Aanenson: Sure. The measurement, while it’s 9 feet from the property line, from the edge of the bituminous you add another 12 feet so that’s where this additional property would come in so that’s the current, and like I said there’s no intention right now to improve that street beyond what it is. When I say improve, make it wider, bigger than what it is right now so. So in effect it’s 9-10 feet from the, excuse me. Go to this one. 11 feet here. 11 feet but you’re actually. Mayor Furlong: That’s from the property line but the property line doesn’t go all the way up to the. Kate Aanenson: Yeah that is the property line but then you go all the way up to the edge of the improvements so you add another 12-14 feet til you get to the pavement where it’s actually being plowed, so it’s not that close to the plowed area, just to be clear. Mayor Furlong: Right. Kate Aanenson: And again as the City Manager mentioned, the water is currently being directed across this property. Private property so our intent now is to get an easement. Anybody that has an easement on their property uses it towards their green space or they have the right to use that property. While the City may have utilities under that easement, whether it’s sewer, water, telephone, cable, they have a right to, that’s still part of their green space. Part of their property so that adds to their green space over their managing some of that water part of it. So the goal here was to get an actual easement for that. Control it. Redirect it, and where it’s going, manage that in a more controlled path and looking at where the current pavement width is. Again working with again a reasonable sized home on that lot. Mayor Furlong: Okay. Does that make sense Mr. Moore with regard to the setback. It’s to the property line, not necessarily to the pavement where cars are currently driving and it’s being plowed. So it adds an additional you said, what was that distance? Kate Aanenson: About another 12 feet. Mayor Furlong: 12 feet, okay. 16 Chanhassen City Council – November 14, 2011 Kate Aanenson: To the actual pavement width. Mayor Furlong: Alright. Bob Moore: Is the front the same way? Kate Aanenson: Yeah because this is the edge of the property line. Then when you actually look at where the, you can see on the survey here it says the edge of the pavement is further away. So it adds another 12 feet. Bob Moore: Okay. Mayor Furlong: So as with many streets, the right-of-way is wider than where the current pavement and where the plowed area is. Kate Aanenson: Correct. Correct. Bob Moore: And that would be in the front the same way? Kate Aanenson: Well it is on Ringo. On the front you meet the setbacks on Cree. Bob Moore: But I mean on Yuma it’s the same way. Kate Aanenson: Yes, actually the roadway is here, right. So the setback to the street is 20 feet and then you actually have another 10 feet or so before to actually, before you get to the pavement. Mayor Furlong: The physical street is narrower than the right-of-way. Kate Aanenson: Correct. Bob Moore: Okay. Mayor Furlong: On all of those. And then with regard to the berm that’s being requested Mr. Oehme, where’s, if you could show us, where is that berm planned to be located? Paul Oehme: Yeah, so the drainage swale is coming through here with the red arrows again and the berm is planned for at this location right here so, and actually on this drawing the berm is. Kate Aanenson: It has been revised. Paul Oehme: It has been revised and it’s actually extended out farther than it’s shown right here so currently, or the proposal is for that berm to be about 3 1/2 higher than the existing grade at this location right here in front of the house so it’s improving the drainage along the property line here and directing the water away from the property to the south and making sure it discharges onto Yuma before going on private property. Mayor Furlong: So what Mr. Moore is concerned about causing problems to the water flow that flows north off his property into this area, is this, is the swale going to, or the berm going to restrict that or is it going or not? Paul Oehme: The water’s not going to be restricted. It’s going to actually. 17 Chanhassen City Council – November 14, 2011 Mayor Furlong: The water flowing from the property to the south flowing north will be able to continue to do that as it does currently? Paul Oehme: Correct. Kate Aanenson: All the same path. Paul Oehme: Right, it will follow the same path. Actually the drainage swales will be wider…wider than it is currently today to warrant capacity as well so. Todd Gerhardt: Mayor. Kate Aanenson: Excuse me, this is the revised plan. It’s a little harder to read but this is showing the corrected berm. It’s one of the conditions that the Planning Commission asked for. Todd Gerhardt: I think Mr. Moore’s question was about his drainage also. Will his drainage go into that existing ditch so his won’t be altered. So his would naturally drain the way it is today then? Paul Oehme: Correct, and the water would not go, flow to the north. It will still flow to I believe the, to the west. Todd Gerhardt: To Yuma. Paul Oehme: To Yuma. Todd Gerhardt: So it would get down into that ditch. You don’t plan on filling that ditch in as a part of this? Paul Oehme: No, not at this time. I think in 4 to 5 years we’re looking at a street improvement project in this area and we’re looking at maybe addressing some of those issues in this area but under this proposal we’re not looking at addressing the drainage at this time. Mayor Furlong: Were those all your questions? Bob Moore: Yep. Mayor Furlong: Okay. Bob Moore: Thank you. Mayor Furlong: Alright, thank you. I’m sorry, Mr. Moore. You’re satisfied with the answers to those questions as well? Bob Moore: Yeah, the best you can answer them. Mayor Furlong: Okay, alright. Very good. Bob Moore: And during construction and everything, someone will make sure that everything stays open? 18 Chanhassen City Council – November 14, 2011 Kate Aanenson: Yes. Yeah, there should be erosion control and the like and if there’s not then someone should certainly feel free to call us. Mayor Furlong: And that would be part of the building permit process I assume with the variance request. Okay, alright. The public hearing was held at the Planning Commission but understanding now there was perhaps some misunderstanding. If there’s anybody else that would like to provide public comment on this, I’d certainly welcome to the podium at this time. And assume the Nowling’s may be here as well so if there’s anything you feel you want to say, that’s fine. Don’t feel obligated. Good evening. Bruce Barrington: I’m Bruce Barrington, 6869 Yuma. Mayor Furlong: Good evening. Bruce Barrington: I’ve been living in this area for about 35 years or so and I know the amount of water that you’re talking, you’re talking just from Cree and so on like that but there are properties that are farther up the road that drain in this same area and the roads that we have, Yuma Drive, gets dug out every year and I spoke to one of the maintenance guys from the City and he said they’re going to put in a new road next year so they improve some of the road by patching and so on like that. Now by next spring those patches will be washed away so I’m just…what he’s saying. There’s lot of water that has to come through there. And secondly I’m kind of wondering how many of the council members actually physically looked at this property to see what it looks like before it came to council, and that’s about my only two questions. Councilwoman Ernst: I did. I live there. Mayor Furlong: Okay, thank you. Mr. Oehme, with regard to his question on street improvements. Paul Oehme: Yeah, and again the staff and the City Council, the City’s looking at making some improvements in this area, especially on Yuma Drive to address some of that drainage concerns and address some of the street condition concerns as well so, there is about an acre of area north of this property that does drain through that culvert. Staff has looked at the capacity of that culvert and the drainage swale that’s being proposed and we feel that the, those improvements are adequate to handle the current and the future drainage through this area. You know where the water goes on Yuma, we’re not looking at again making any changes at this time but in the future we are looking at trying to make the drainage patterns in this area better. Mayor Furlong: And with regard to his comments about the making some improvements, is that something we’re continuing to patch and repair process until I think you mentioned 4 to 5 years there may be something, more improvements in this area. Paul Oehme: Yeah, right. I mean you know we’re out patching the Carver Beach area roads on a yearly basis. The roads are to the condition where they pothole and there’s a lot of defects and the roads really do need to be improved here. You know a lot of it can be contributed to the condition of the, and the age of the roadway system but some of it can be contributed also to the drainage system in this area as well so, you know in conjunction with that street improvement project we do definitely want to put in, you know look at putting in culverts or storm sewer systems and trying to treat the water a little better than it is currently handled at this time so. Mayor Furlong: Okay. And that water improvements will be part of the street project when that’s put forth? 19 Chanhassen City Council – November 14, 2011 Paul Oehme: Yep, absolutely. Absolutely. Every time we go into a neighborhood and propose a street improvement project we always look at what the condition of the utilities are. What’s the drainage issues that are in this area. Try to package a project together so we’re out here once making those improvements. Mayor Furlong: Alright, thank you. Any other public comments this evening? No? Okay, thank you. Any other follow up questions for council? Any comments by council with regard to the proposal in front of us? Is our, we make a motion? Kate Aanenson: Yes you would, I’m sorry. I have actually. Mayor Furlong: Okay. The action to be taken, either approval of denial. Not necessarily. Kate Aanenson: Yeah, you’re affirming. Mayor Furlong: Of the original application, just to be clear. Not the appeal but the original application. Kate Aanenson: Yeah, you’re approving the Planning Commission’s recommendation with the variance. Mayor Furlong: Approving or denying. Kate Aanenson: Yep. Mayor Furlong: But I mean it’s of the original application is our motion. Councilwoman Ernst: Mayor I’m sorry, I do have one question. Mayor Furlong: Councilwoman Ernst. Councilwoman Ernst: Paul, when you were talking about this project, can you give me an idea like if say for example there’s a real problem out there this coming spring, what, is there anything we can do temporarily to help that situation out there? Paul Oehme: Absolutely. I mean if we know that there is a drainage issue out here, say a clogged pipe or a drainage ditch that’s filled in with sediment, we’d try to be as proactive as we can to address that situation before spring runoff. So there’s, you know if there’s anything that we can do to temporarily improve the situation, you know it’d be helpful to know that. Councilwoman Ernst: Okay, thank you. Mayor Furlong: Discussion, comments on the application. Or the proposed variance request. Mr. McDonald. Councilman McDonald: Well I guess you know I normally do not support variances but you know one of the things for variances, whether or not you can enjoy the property and I’d say without these accommodations, yeah it’s going to be pretty hard to build a house on there. The one gentleman brought up the thing about the decks. Well decks are not necessary. A house is. That’s probably one of the reasons why a deck would get turned down. That doesn’t stop you from enjoyment of your property. So I mean in this case, because of the unique circumstances and it sounds as though we’ve got the drainage under control, I’d be in favor of approving the variance in this particular case. 20 Chanhassen City Council – November 14, 2011 Mayor Furlong: Thank you. Any other comments? Discussion. My thoughts are similar. I think whenever we look at variance requests, and the issue came up you know what’s reasonable. How far will you go? And I think in each case it’s a facts and circumstances situation so therefore unfortunately the answer is it depends. It depends on the specific facts and circumstances around the area and what are the different effects. I know Councilwoman Ernst lives in the neighborhood. We’ve worked with a number of residents over the years to try to accommodate requests and to the extent that they’re reasonable in terms of people constructing homes. Improving their property in the Carver Beach area and it’s a wonderful part of our city. It’s certainly one of those areas that has a lot of character and is an asset to the city but it also has it’s challenges and when we looked at the old plat, that there were 6 or 7 individual lots that make up now a lot of under 9,000 square feet, there are challenges throughout. I think the key here is when we look at a variance there are standards we have to follow. Is it consistent and in harmony with the comprehensive plan? I think the answer is yes. The comprehensive plan has these areas for single family homes. That’s what’s being requested. Is there, are there practical difficulties with the lot to meet all the zoning requirements? I think the answer is clearly yes there. I think the best example there I saw was the triangle. The red triangle on the lot. To try to squeeze something in there clearly practical difficulties for a lot of this size, this shape and surrounded by three roads. Three right-of-ways. Public right-of-ways. Clearly there are some unique aspects to this property that aren’t created by the owner. Aren’t self created issues but they’re practical aspects that need to be considered. And so then is it, is it a reasonable request to build a single family home? I think what I do appreciate is the property owner’s willingness to work with the staff to try to improve the drainage in this area where we have those opportunities. As Councilwoman Ernst said, and others recognize in this neighborhood, when we have opportunities to make some improvements, we try to do that and the City’s always tried to do that. I do appreciate Mr. Moore’s concerns regarding how those changes may affect water flow across his property and I’m very glad to hear that there should be no change to the water flow across his property, or from his property to the existing drainage area, so it seems to me, and as Mr. McDonald said, that there are, this is a reasonable accommodation for all concerned and I think it’s for the council should go ahead and approve the planning case with the variances subject to the Findings of Fact and conditions in the staff report. If there are no other comments, would somebody like to make a motion? Councilwoman Tjornhom: I’ll make the motion. Mayor Furlong: Councilwoman Tjornhom, thank you. Councilwoman Tjornhom: I’d like to make a motion that the Chanhassen City Council approves the Planning Case #2011-10 for the construction of a single family home with variances subject to the conditions of the staff report and the adoption of the Findings of Fact and Decision. Mayor Furlong: Thank you. Is there a second? Councilman McDonald: I’ll second. Mayor Furlong: Motion’s been made and seconded. Any discussion on the motion? Hearing none we’ll proceed with the vote. Councilwoman Tjornhom moved, Councilman McDonald seconded that the Chanhassen City Council approves Planning Case #2011-10 for the construction of a single family home with variances subject to the conditions of the staff report and the adoption of the Findings of Fact and Decision. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Furlong: Thank you everybody. We appreciate your participation. 21 Chanhassen City Council – November 14, 2011 COUNCIL PRESENTATIONS. Mayor Furlong: Are there any council presentations? Councilman Laufenburger: Mr. Mayor. Mayor Furlong: Yes. Councilman Laufenburger: I took the liberty of visiting the Chanhassen Rec Center on the Thursday th evening, the 10 of November when a time during which Mediacom was conducting their open house for this community and spoke with a couple representatives from Mediacom and they were very pleased that something over 250 customers visited their open house during the day primarily to receive the digital adapters that are used on TV’s to ensure that the consumer can get the digital signal, even if their TV is not equipped with digital so that was something that we had been told about earlier this year in June and I was pleased to see that Mediacom followed through, not only in Chanhassen but many other communities that they serve and there seemed to be good turnout amongst the consumers so I thought it was a good event. Mayor Furlong: Great. Thank you. Any other council presentations? Just to share with the council, I th was invited to speak to, at the Chanhassen High School a week ago this evening on the 7 at the induction for the National Honor Society for Chanhassen High School and there were 70 students that were induction into the National Honor Society, which is one of largest groups that they’ve had there. The requirements is more for induction is more than just good GPA, although that’s part of it but it’s also an organization that promotes leadership, service and strong moral character and so it was great to be a part of that event and good to see so many students and their families. Students being recognized and their families there too to honor them so that was a fun event. That was a fun event as well. Mr. Gerhardt, any administrative presentations this evening? ADMINISTRATIVE PRESENTATIONS. Todd Gerhardt: I’ve got a couple. Staff met with the Minnewashta Heights neighborhood for the street reconstruction that’s planned for this coming spring and positive meeting. You know probably most interest that we had was in regards to storm water management. Nothing different than what we heard tonight and again a neighborhood with minimal curb and gutter and how to manage that water runoff so Paul and his team are working on a plan to accommodate the needs. Trees were not too much of an issue. There’s a couple of significant ones that they want to keep an eye on and access to the property during construction was another concern so we’ll be bringing this back in the near future for an overall review for the council for the project and start looking at design here in the coming year. Second thing, just to make the council aware, the Mayor is going to be speaking this Wednesday at a chamber event. Reminder for all the mayor and council on that and going to be giving the State of the City address, along with the City of Chaska, Carver, Victoria and Chanhassen so it’s always well attended to see what’s going on in the other communities and great opportunity for us to tell about our accomplishments and the things that we’re working on so that’s all I have. Mayor Furlong: Thank you. Any questions for Mr. Gerhardt? Or staff. No? CORRESPONDENCE PACKET. None. 22 Chanhassen City Council – November 14, 2011 Mayor Furlong: We will be, as we adjourn our council meeting here we will be continuing our work session items this evening in the fountain conference room and picking up the work session where we recessed. If there’s nothing else to come before the council this evening, is there a motion to adjourn? Councilman Laufenburger: So moved. Mayor Furlong: Is there a second? Councilwoman Ernst: Second. Mayor Furlong: Thank you. Motion’s been made and seconded. Councilman Laufenburger moved, Councilwoman Ernst 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 8:10 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 23