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CC 2013 08 12 CHANHASSEN CITY COUNCIL REGULAR MEETING AUGUST 12, 2013 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, Roger Knutson, and Drew Ingvalson PUBLIC PRESENT: Keith Peterson 921 Hiawatha Drive Wally Schwab 950 Carver Beach Road David Moore 3811 Williston Road, Minnetonka Dave Pokorney 1403 Valley View Road, Chaska John Knoblauch 1450 Knob Hill Lane PUBLIC ANNOUNCEMENTS: Mayor Furlong: Thank you and welcome everybody. We’re glad that you joined us this evening and also like to welcome those watching at home. I’d like to just start with a public announcement here and a few comments regarding an announcement that was made today through CNN Money Magazine. All of us are very proud to be associated with Chanhassen today. We’re honored that Money Magazine ranked the th City of Chanhassen as the 4 best place to live in America. It’s been our vision that Chanhassen is a community for life, providing for today and planning for tomorrow and by doing so we insure a high quality of life is sustainable for future generations. Our residents have built a strong sense of community. Long standing traditions. Active civic and social organizations, businesses and friendly neighborhoods. Those who raise families here as well as our residents and businesses benefit from our thriving downtown. Our extensive park and trail system. Benefit from our countless community events and preservation enhancement of our natural amenities. Essentially Chanhassen is a small town in a major metropolitan area with benefits of both and the problems of neither. That’s what I think makes living here so special. This year’s survey emphasized our strong local economies. Our low unemployment among diversified business partners and a low crime rate. Recognition for many years of dedicating committed service for many of our businesses. The Chanhassen Dinner Theater. Emerson Process Management. General Mills. Instant Web Companies. Berquist Companies. Also our City, County and School Districts 112 and 276. Businesses, civic partners, public officials, surrounding communities all have been a part of the recognition that we see today, and we can all be very proud of being a part of that and we can also be humbled because we all know that there are many great places to live here in the metropolitan area so from our standpoint I think it is a wonderful and just a great recognition of a lot of work that’s been done by a lot of people over many, many years and to continue to be recognized I think is some of these recognitions of across the country is really just a special, special treat for all of us so I know I’m proud and honored, humbled and I’m sure others are too so we want to say thank you to everybody that’s been a part of that and we’ve got some people here. I would certainly open up the comments from members of the council and we have a cake that we want to share with people and have some fun and celebrate before we get into the business as well so any other thoughts or comments from members of the council. Or staff. Yeah, Councilwoman Tjornhom. Chanhassen City Council – August 12, 2013 Councilwoman Tjornhom: I think we’re thanking the citizens tonight for building Chanhassen to what it is and National Night Out was just a true story…seeing all the neighborhoods and seeing all the people and just the camaraderie. It’s something that you don’t see in a lot of communities I don’t think and so, and I think as I was talking to residents you know we talked about the fact as a council we strive that if we’re going to make this Chanhassen for a long time, you’ve got to buy locally. You’ve got to support our organizations and become involved and I think that’s what we do in this town. I mean we have a Dinner Theater. We have a local hardware store where I walk into and he knows my name, which is something that I feel sorry for him that he has to help me sometimes but nonetheless he does and you know just even the fact that we’re having more building permits coming in and more places that are wanting to invest in us I think is a real tribute to everybody in town and a tribute to everybody that’s ever served on the council or is now serving on the council so we should be very proud. Mayor Furlong: Other thoughts. Councilman Laufenburger: Yeah Mr. Mayor I think that what you said was real important. We need to be humbled by this. We don’t set out to build a community to win awards. Mayor Furlong: Absolutely. Councilman Laufenburger: We set out to build a community that is cherished, enjoyed, rewarding for the th people who live here and also the people who come to Chanhassen. I think about the 4 of July parade. There must have been at least a million people along the streets wasn’t there Mr. Oehme? Mayor Furlong: You could work for the park department. Councilman Laufenburger: Yeah, and many people come from surrounding communities just because they enjoy that part of Americana so the awards are great. The recognition is phenomenal but for those of us who live here, we take this as just prideful that we can call Chanhassen our little town home. Mayor Furlong: Absolutely. Councilwoman Ernst. Councilwoman Ernst: Yes Mayor, and you touched on it. You know it’s taken a lot of hard work with previous councils as well as city staff so it’s, you know it’s just that hard work that everyone has given throughout the years to make Chanhassen what it is today so I want to thank those too that are listening that have been a part of this so. Councilwoman Tjornhom: Can I just make a comment on Councilman Laufenburger’s comments? Mayor Furlong: Yeah, please. Councilwoman Tjornhom: He didn’t mention the Red Birds once. Councilman Laufenburger: Humility. Councilman McDonald: Well if I could I would have mentioned the Red Birds because I think that’s one of the things that makes the community really a fun place to be but in all seriousness, yeah last week when we went out for National Night Out, this was before the award came out and everything and I mean there is just something within the community. It’s, I don’t know how much we have to do with it as council. It’s the people that live here that make the community what it is and I think that that really kind of shows as you go from neighborhood to neighborhood. The way I mean people welcome you. The way people are doing things together. They know what’s going on. They’re very interested and again what 2 Chanhassen City Council – August 12, 2013 can they do to help their neighbors and all of those type of things so yeah, I think this is an award that just kind of re-emphasizes and shows that Chanhassen is a community, well as the mayor says for life and we’re planning for tomorrow and trying to do everything we can to make this kind of an oasis in a very difficult region and world so well deserved. Mayor Furlong: Thank you for those comments. I guess just real quick, I often when I see people that recently moved to town I ask them why, because you want to know, and the comments are very similar. It’s the parks. It’s the open space. It’s the small town feel. It’s our downtown and some people recognize if they’re moving to the region, to the area for the first time, these types of rankings. This Money Magazine. The Family Circle magazine are things that they look at so they come and look at Chanhassen to see what, you know what makes the difference. That’s important. I’ve had a few people say, and this is to me really makes the difference for me is, you know we moved here for my job and we came to Chanhassen because of what we saw and we came out and we liked everything but then we changed jobs so we could stay here and when they say it’s that connectiveness that we have, and that’s a credit I agree to others who have mentioned it, to the neighborhoods. All the people. The individuals. The businesses. It’s not what happens at City Hall but it’s everybody who lives here because we are a welcoming community it’s easy to get connected. It’s easy to set roots I’ve been told and I believe here in town and so when people come here for reasons that they’ve heard and what they see and like but then they stay here, that to me is the testament so. You know we should all be proud. We should all be pleased and honored for this and humbled by the recognition at the same time but I think we have some cake, do we not Mr. Gerhardt? Todd Gerhardt: Yes we do. Mayor Furlong: Excellent and obviously I came back from vacation just in time for the cake because if I wasn’t here I’m sure we’d have cake anyway. Right Councilwoman Tjornhom? So with that, let’s take a short recess and we have a number of people here in the council chambers and if anybody’s watching at home and wants to come down quickly for cake they can do that too so, let’s take a short recess and just enjoy this time for a little bit then we’ll resume with our council meeting in a few moments. The City Council meeting was recessed at this point to share cake with audience members. Mayor Furlong: Let’s go ahead and reconvene the council meeting this evening and move on with the business before us this evening. First of all I’d ask members of the council if there are any changes or modifications to the agenda. If not, without objection we’ll proceed with the agenda as published. CONSENT AGENDA: Councilman Laufenburger moved, Councilwoman Ernst seconded to approve the following consent agenda items pursuant to the City Manager’s recommendations: 1. Approval of Minutes: -City Council Verbatim and Summary Minutes dated July 22, 2013 2. Receive Commission Minutes: -Planning Commission Verbatim and Summary Minutes dated July 16, 2013 3. Approve Summary Ordinance for Publication Purposes for Rezoning of the Chanhassen Apartments Site from Agricultural Estate (A-2) to Planned Unit Development-Residential (PUD- R) Resolution #2013-38: 4. Approve Certificate of County Board, Classification of Tax Forfeited Lands. 3 Chanhassen City Council – August 12, 2013 All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS: None. 960 CARVER BEACH ROAD, APPLICANT: DAVID D. MOORE, INC./OWNER: ANITA BENSON: REQUEST FOR A VARIANCE FROM SECTION 20-615 OF THE CHANHASSEN CITY CODE TO CONSTRUCT A SINGLE FAMILY HOME. Kate Aanenson: Thank you Mayor, members of the City Council. This request is for a variance on a lot at 960 Carver Beach Road. Applicant’s David Moore, representing the property owner Anita Benson. The variance from the Section 20-615 of the Chanhassen City Code to construct a single home. There’s 1,888 square feet of living area and a two car garage and a 5% hard cover variance for the 25%. Again there is a minimum standard for a home size in the city of Chanhassen depending on the type. The location is Carver Beach. Carver Beach Road. It’s a combination of 3 lots. So the non-conforming lots of record. There’s no variance required to construct a detached single family dwelling on a non- conforming lot of record, excluding platted lots and outlots provided that it fronts on a public street or approved private street and provided that the structure meets the minimum requirements. So the requirement that this home does not meet is the impervious surface requirement. As I stated before, this Carver Beach, this is the original plat for the Carver Beach area. It includes 3 lots. So those 3 lots are 20 feet wide, 100 feet deep for the total of the 6,000 square feet. Again a standard lot would be RSF would be 15,000. Some of the subdivisions that we’ve been approving recently, and some you’ll see tonight are at the 10,000 square foot lot size. So again the, it’s zoned RSF. Minimum lot size of the 15,000. The setbacks, 30 in the front, 30 in the rear and 10 on the side which it meets. This lot meets all that. The one deficiency then would be the hard surface coverage, the 25%. This then would be at the 30%. So here’s how the house sits on the lot meeting the setbacks again just except for the 30% hard surface coverage. So again the optimum house design for this would be, and this was something that was brought up in the neighborhood before about keeping a lower profile. I think at one previous attempt that did go through, it’s in the staff report for a variance request. There was desire in the neighborhood to have a rambler and it was also brought up at the Planning Commission too that they would like to see a rambler but really the optimum for this size of a lot would have been a two story because that would reduce your hard surface coverage but in working, trying to meet the setbacks and get a reasonable sized house for the neighborhood, this was the direction the applicant went with the coverage as proposed. Again the staff believes it’s well suited home style for that area and believe it’s consistent with the ordinance. One of the questions that came up at the Planning Commission meeting was that, you know there was never any service ties to this lot. Any stub services to this lot, therefore it was never intended to be built but throughout the city and I just focused on a couple in Carver Beach so people can split off part of their lot and some of it with another lot. Combine certain, to make an actual buildable lot and there is the example rd on 1661 63 Street. An example where there’s not a tie put in and the owner of that lot had to provide the sewer and water tie in as there was on Broken Arrow so it does happen in the city. Not every lot as it’s platted comes in, particularly in this area, but there’s some other older parts of town too but I just focused on two that were in Carver Beach. So with that when this item did go to the Planning Commission on th July 16 they did recommend support for the variance. The reason why this is before you tonight is the neighbors filed the petition to appeal the recommendation so that is why it is before you tonight so with that staff is recommending that you approve the 5% hard cover and I’d be happy to answer any questions that you have. Mayor Furlong: Thank you. Questions for staff. Ms. Aanenson, could you go back to the ordinance that you had at the beginning of your presentation regarding non-conforming lots. What constitutes or what creates, what meets the condition that would be a non-conforming lot of record. 4 Chanhassen City Council – August 12, 2013 Kate Aanenson: Well back when these lots were created they were the 20 by 100 feet. The city ordinance now is 15,000 square feet so there’s all different types of assembling of those lots so if those 3 together only makes 6,000 square feet. Because it is a lot of record you are, we try to give them the reasonable use of that lot so we think that home size is reasonable for considering the area. It does meet all the setbacks so, within that, you know it could be somebody that had a house that was already in existence and had been torn down over time and that the standard had changed. Again this is the older part of town. That’s where most of the non-conforming lots of record be, which would be also up on maybe Lake Minnewashta. Some of those older, smaller lots up there and then the Carver Beach area probably the most of them. Mayor Furlong: So it’s not unusual to have non-conforming lots. Kate Aanenson: That’s correct. Mayor Furlong: In the city. Kate Aanenson: Correct. Mayor Furlong: Okay. Alright. Councilman Laufenburger: Mr. Mayor? Mayor Furlong: Mr. Laufenburger. Councilman Laufenburger: Kate, so the variance specifically is 70 square feet of hard coverage more than would be allowable, is that right? Kate Aanenson: Correct. Councilman Laufenburger: Are there any lots or any, yeah any lots in and around this area where the hard surface exceeds 25%, do you know? Kate Aanenson: There may be. We didn’t go through that. We did put some other variances in the area but we have granted variance for hard cover in the area. Councilman Laufenburger: Okay. Kate Aanenson: There’s ways we could have accommodated too. You could have pulled the house closer to the street. Shorten up the driveway but when you have a smaller lot to begin with, it does provide additional guest parking and the like so there’s other ways to, to give it, you still have to give some sort of a variance. Councilman Laufenburger: But in fact if you had moved the house then we would have had to have setback variances. Kate Aanenson: That’s correct. Councilman Laufenburger: Okay. Thank you Kate. Mayor Furlong: You just made the comment there would have had to been some sort of variance. 5 Chanhassen City Council – August 12, 2013 Kate Aanenson: Right. Mayor Furlong: Is it not physically possible? Kate Aanenson: No, I think if you would have done a two story house and kept the footprint smaller there may have been a way to do that but there was a lot of pressure from the last time this came through from the neighborhood that they didn’t want to see a two story house and that the Minutes that were at the Planning Commission meeting, there was still concern about the height of this house. There is a two story across the street but some felt that that was not in character with the neighborhood so I think this type of development, this application tried to incorporate more of a split entry design. Mayor Furlong: So is this house, would this house as it’s proposed be shorter? Have a lower... Kate Aanenson: Yes. Than a true two story correct. Mayor Furlong: Than a two story, okay. Thank you. Councilwoman Tjornhom. Councilwoman Tjornhom: What are some disadvantages do you think for granting this variance as far as water flow goes and drainage and situations with the other neighbor’s properties? Kate Aanenson: I don’t think there’d be a problem with that. I can see if the City Engineer wants to comment on any concerns that he may see. Paul Oehme: Ms. Aanenson, Mayor, council members. Carver Beach, we are looking at making improvements to Carver Beach in the next couple years. There are some areas where we do have stormwater deficiencies that we’re going to be addressing in several years. This particular area the stormwater capacity seems acceptable for the time being with the small impervious coverage surface above the recommended or the amount that’s in the ordinance. I don’t see a problem right now with moving forward with this variance. Councilwoman Tjornhom: Thank you. Mayor Furlong: Other questions? Councilwoman Ernst. Councilwoman Ernst: So Kate I had the opportunity to talk with some of the neighbors during National Night Out and one of the comments that actually was presented to me was that at one time the neighbors asked if that property was buildable and they were told no so can you, do you have any information regarding that? Was there a time when that property was not buildable or? Kate Aanenson: That was also brought up at the Planning Commission meeting. Not to our knowledge that that we would have said something like that through the planning department. Without it being a wetland or anything on that, I don’t know why that would have been communicated so. Councilwoman Ernst: Then the other question that came up is, some of the neighbors had wanted to buy that property and they were told that they, and I don’t remember the reasons exactly why but they were told that they could not buy that property and I don’t know if that was a point, I can’t even tell you who owned it at that time but would there be a possibility that. Kate Aanenson: No, we wouldn’t be involved in any decision there if someone wanted to buy a piece of property and attach it to their lot. That’s, they’d just go down and record it with the County. We wouldn’t have to you know, if someone’s taking a part of their property and splitting it off or adding to 6 Chanhassen City Council – August 12, 2013 another one, then we’d do an administrative subdivision but they’re adding a piece, if it was a lot of record, that happens over time throughout the city so. Councilwoman Ernst: And then reading from some of the notes in the packet, and I think the year was like around 1999 where a variance was passed. Kate Aanenson: That’s correct. Councilwoman Ernst: Was approved for a 36% impervious. Kate Aanenson: Right. Councilwoman Ernst: And that has always been the case but then there was, that was only allowed for a certain number of years. Kate Aanenson: What the law is, if you don’t, our ordinance says if you don’t use a variance within one year it becomes null and void so it was granted with a higher percentage of hard cover. I mean the 36% but after one year it expired so the applicant is now choosing now to go forward with it. Councilwoman Ernst: And asking for the 30 rather than the. Kate Aanenson: Correct. Councilwoman Ernst: Because they can’t get the 36% now but. Kate Aanenson: Well they could ask again for that same number but you know we try to encourage them to try to minimize it as much as possible. Councilwoman Ernst: Because I think they were asking for 33%. Kate Aanenson: Well the hard they got, yeah they actually got more. A greater variance last time so they’re asking for less, yeah. Councilwoman Ernst: Right. Okay. Kate Aanenson: So the reason it didn’t go through is again it expired after one year. Councilwoman Ernst: Thank you. Mayor Furlong: Okay, any other questions of staff at this time? Mr. McDonald. Councilman McDonald: Yeah I’ve got one question. When this plan was brought to you and everything, did you talk to the builder about what it would take to actually put a house on that property that would require no variances? Kate Aanenson: Yes. I mean we talked about the two story home, which I indicated. I think he can talk about that a little bit more too. Councilman McDonald: Okay, so the choices are we could have gone to a two story home that would have then put something in the neighborhood that’s not typically there or you go to a lesser sized home 7 Chanhassen City Council – August 12, 2013 with a smaller bedroom, or maybe with just one bedroom and that would fit but what they’re wanting to do, that’s why they need a variance. Kate Aanenson: Yeah, again I think we were trying hard to fit into the neighborhood. Trying to you know not go the full two stories. Minimize, so we’re coming in less than what was approved before so that was our goal to try to work within that framework. Councilman McDonald: Okay, thank you. Mayor Furlong: Any other questions for staff at this time? At this point I’d like to invite the people that initiated the appeal from the Planning Commission. Again the Planning Commission approved the variance request. This is on appeal by residents Wally and Cheryl Schwab, Robert and Doris Nelson and Keith and Julie Peterson so I would certainly invite each of them or their representative to come up. They mentioned in their letter disagreements with the variance because of Findings that were brought forth by the staff report and so, Planning Commission so good evening. If you could state your name and address for the record. Keith Peterson: My name is Keith Peterson. I live at 921 Hiawatha Drive in Chanhassen. Mayor Furlong: Thank you. Keith Peterson: The reason I guess our neighborhood kind of got fired up about this is multiple numbers of us called in to the City and they told us this lot was not buildable when it came up for sale and so Wally, Bob and I were going to buy it and then we were going to divide up our property so each one of our lots would be bigger and actually I think they all might have reached the 15,000 square feet. And so while we were getting our finances together and whatever gonna you know buy this lot, we found out it got sold by somebody that worked at the City and all of a sudden it was buildable. So how many of you would like to buy a lot in Chanhassen for $4,200? That’s buildable. I think everybody would. And that’s what this lot originally sold for and so, and Anita Benson who has never been to one of her own meetings bought the lot. I think she was a city engineer at that time and so the next thing we know it was buildable so you know we fought it last time. We won at that Planning Commission and then the City Council approved, basically they approved on a house that nobody wanted to build just to kind of keep everybody, us happy and not get sued by her. We’re not even sure but now it came up again and my beef and all of us, our beef is Anita Benson bought this property for $4,200. The next time we find out about anything she’s trying to sell it for $27,500. Never mowed it once. Didn’t do anything. She hasn’t even mowed it in 12 years. It’s just a jungle right now. And the way we look at it, one of the regular stipulations is the purpose of this variation is not based upon the desire to increase the value or income potential of this parcel of land. That’s where we’re coming from and by her buying this, never building a house herself to live in and actually she wrote a letter to the Planning Commission. I don’t know if you have a copy of that, stating that in January, 1999 I developed building plans. Applied and received necessary variances to build on this property and it wasn’t 1999. It was 2001 when it was approved and it wasn’t here that got it approved. It was, she was trying to build a house for Habitat for Humanity, or that’s who was going to do with that and she wrote a letter stating that in 1999 it was approved. That she had it approved, her plans and it was 2001 and it wasn’t her plans. She was just trying to sell it for $27,000, let’s see where it was at. $27,200 to Habitat for Humanity without even mowing one stitch of grass on this property. To me that sounds like profit. If this variance it’s full profit and now the last 12 years she hasn’t mowed it. Nothing got built there. I think they backed out of it but so our contention is this is just for pure profit. I talked to Mr. Generous and he’s saying well you know, this gentleman here is applying for it but the owner is the one that’s going to make the pure profit if this goes through and so, and there’s another thing here too that I talked to Mr. Generous about and he told me it wasn’t true. The 1999 isn’t the year that it was approved. It was 2001 and she’s saying it was 1991 separate from the Habitat for Humanity and she 8 Chanhassen City Council – August 12, 2013 wrote here in this letter to the city that I was approached by city staff regarding city interest in purchasing this property using Community Development Block Grant funding for the building of a Habitat for Humanity home on the property. An agreement was reached with the community development staff for the purchase of this property. However the City Council didn’t approve it but I went and talked to Mr. Generous and that didn’t happen so these two paragraphs to me show that she’s trying to cover that this is just for profit. So anyway that’s, trying to think. So that’s where our beef is you know when the City tells us it’s not buildable, I mean we would have jumped on it that day if we knew that somebody was going to, it was only worth anything to somebody that lived next to it so you know we would have bought it instantly if we knew there could have been somebody from the city coming up you know and then all of a sudden it’s buildable. I mean stuff like this is why people don’t like government you know. You know we have nothing against all you guys but when. Mayor Furlong: It’s the other government guys. Keith Peterson: Yeah, it’s the other government but you know when you tell us that it’s not buildable and then somebody from the city. Mayor Furlong: And if I can ask, because you mentioned that a couple times. Who told you, I think you were. Keith Peterson: See we don’t know. We called the City. This land is for sale. Mayor Furlong: Okay. Keith Peterson: Mr. Schwab and I and I think the owner of the land. You know if I was the owner of the, if I was the guy that sold this lot for $4,200 and all of a sudden it’s selling for $27,000 and it’s buildable and he thinks it’s not, I’m surprised he wasn’t on your tail. Mayor Furlong: Well and I guess that’s the question. Keith Peterson: You know we don’t know who. It was a female that’s all I know so. Mayor Furlong: 10-15 years ago. Keith Peterson: Yeah it was back in, when did it first come for sale? ’99. Mayor Furlong: Okay. Keith Peterson: It was probably end of ’98 when we were inquiring on it. I believe Anita bought it January 5th, 1999. Mayor Furlong: Okay. Keith Peterson: And so that’s kind of where we’re coming from and. Mayor Furlong: Okay. Keith Peterson: And with this being approved, you know this, even the house now it’s probably still going to be 10 feet taller than Wally’s house which is going to be 20 feet next to it and you know basically by putting that in, I don’t know if you want to turn the rest of the houses into tear down’s or you know if you want, you know you start doing this and then true if you want Chanhassen as number 4 in the 9 Chanhassen City Council – August 12, 2013 country but you’re selling Minneapolis sized lots you know so. You know you’re approving houses to be built, you know if you want to cram them in like Minneapolis that’s kind of what it’s going to happen here so, I don’t know if anybody else has anything to say but that’s my. Mayor Furlong: Please. Alright Mr. Peterson, thank you. Wally Schwab: Good evening. Mayor Furlong: Good evening. Wally Schwab: I’m Wally Schwab. I live at 950 Carver Beach Road which is just east of the property in question. Lived there for 33 years. Needless to say will be quite impacted by whatever decisions take place on this piece of property. Just to throw a little light on some of what Keith was saying. Back when Mr. Osmundson, who then owned the property, let me know that he was going to put it on the market. He gave me a price on it. We kicked it around with Keith and Bob. I personally went over to the City planning office to inquire as to whether or not it was a buildable lot. I was told by I don’t know who. Whoever I talked to pulled it up on the computer. Looked at it. He said no, that can’t be built. It’s too small. It doesn’t have sufficient square footage. Nor is it stubbed. It can’t be built. So that’s what we got from the person then at the Planning Commission and from there it just has kind of snow balled to where we are at today. Needless to say we who are very impacted by this would like to see nothing happen and there are other offers on the table from us that will allow Ms. Benson to sell the property not as maybe a great a profit as she might like but she would still be able to sell the property. So I’m requesting that you take this really under serious consideration. There are other split level houses in the area. Our immediate area. They are all on full sized lots. Not a dinky little 60 by 100 lot and that’s pretty much my viewpoint on it. Thank you. Mayor Furlong: Thank you. Mr. or Mrs. Nelson here or do you want to comment? Mr. Nelson: I’m here but I’m the one that handed that…read that and go over the same stuff… Mayor Furlong: Okay. Alright. Thank you very much. Ms. Aanenson, thoughts and comments on the objections raised by the residents? Kate Aanenson: Those were the same points, those were raised at the Planning Commission. Unfortunately I’m not sure how that was communicated. I think as the City Attorney knows that if it’s a lot of record, we do our best to see if it can be built on so. Mayor Furlong: Well and I guess Mr. Knutson a question for you based on the comments raised by the residents. First is whether or not the lot is buildable as it is, and while it’s 3 lots they are assembled as a single lot, is that correct? Roger Knutson: Correct. Mayor Furlong: So originally they were 3 of the 20 by 100 but now it is a single lot of record. Roger Knutson: That is correct. Mayor Furlong: Okay. And is it a, does it meet the definition of being a non-conforming lot of record? Roger Knutson: Definitely. 10 Chanhassen City Council – August 12, 2013 Mayor Furlong: Okay. Roger Knutson: The minimum lot size I believe Kate said was 15,000. This is 6,000 and city code and the zoning ordinance as you know better than I do I think, evolves over time so what, I’m not sure what the zoning ordinance said in 1999. I’m not sure about this but the current provision that says for example, regardless of your lot size if you’re a lot of record and the only thing you’ve got wrong with your lot is the lot size or lot dimensions, you don’t even need a variance. It’s buildable. That wasn’t always in the city code but it sure is there today so the size of the lot is really not an issue. Mayor Furlong: Okay. Roger Knutson: That’s taken off the table. It’s deemed buildable. The only thing before you is the question of the 5% variance on impervious surface coverage. Mayor Furlong: Okay. Roger Knutson: And the question there is, is that a practical difficulty and, which is a new standard. It’s only a year old. It means that the property owner proposes to use the property in a reasonable manner not permitted by this chapter so the question for you is, is this extra 5% of impervious surface reasonable under the circumstances or will it cause stormwater problems and I heard what your city engineer had to say about that but it’s ultimately your decision. Mayor Furlong: Okay. And the requirement, you mentioned practical difficulties. There’s also a requirement here I’m reading that the purpose of the variation is not based upon economic conditions alone. Roger Knutson: The applicant wants to build a house and live there. You don’t look what the property owner making more money is not the issue. The question is, is this applicant who wants to build this house, does he just want to build this house for economic consideration or is he looking for a place to live. People to live. Audience: He’s not going to live there. Roger Knutson: For people to live. A reasonable house. Mayor Furlong: Okay. Alright. Any other comments by either, yes sir? Todd Gerhardt: The applicant. Mayor Furlong: Okay, yep. If you’d like to come up and respond, please. David Moore: I’m David Moore. I live at 3811 Williston Road, Minnetonka. I am the applicant and buyer for the property. I’m not representing Anita Benson. Edina Realty is at my office. Mayor Furlong: Okay. David Moore: My, to answer one of your questions. 33.5% was my hard cover application originally. I didn’t realize that the deck was not part of that. That’s why it was approved by planning department at 30.8 I believe. And I did research this property quite extensive at the City. I’ve been doing this for several years. Back in the 1970’s the property abutting me to the west, it’s address was 960 Carver Beach Road. I assume right about that time, 1977-78 is when it was split. Made a lot of record for whatever 11 Chanhassen City Council – August 12, 2013 reason back then I don’t know. I’m aware of the side yard and the setbacks and the impervious applications that I’ve made. This home is very well designed. I probably went through 500 prints and viewed them to get the aesthetic view of the front of the house to fit a value that would be agreeable to the neighbors I would hope. It is 3 bedrooms on the main floor. Two full bathrooms, including a master. Kitchen, living room, fireplace. Lower level, fourth bedroom and another bath so it’s 4 bedrooms, 3 baths. Around 1,900 square feet finished. Yes, I could go smaller on a house on there and with 1,500 square feet of impervious surface area. Do a 960 split. Double tuck under garage. Wouldn’t be standing here tonight. Would it be economical sound judgment on my part to do that? We were talking about maybe a one or two bedroom house. That’s what would be served on that lot, a lot of record. Would it help the neighbors over here in values? No it wouldn’t. This home now was in beginning stages was appraised for a little over $300,000 so it certainly fits the value and I wouldn’t build anything cheap. I’ve been doing this for 37 years. Any other questions of me? That’s about all I can say tonight I guess. Hope you approve this… Mayor Furlong: Any questions of Mr. Moore? No, okay. David Moore: Okay, thank you. Roger Knutson: Mayor? Mayor Furlong: Mr. Knutson. Roger Knutson: Just because the variance law is changed multiple times, and I’ve been in situations where there’s some confusion. The variation before, the law before this current statute was passed about a year ago was undue hardship and without the variation are you prevented from having any reasonable use of the property. That is no longer the standard. It is not the standard so you don’t look at could they build without a variance. That’s not the question. Mayor Furlong: That was the old. Roger Knutson: That’s the old standard. Mayor Furlong: Okay. Roger Knutson: Now the question is, is what they want reasonable? Is this a reasonable use of the property? Not could they build without it but is this reasonable. Mayor Furlong: Okay. Any other comments from the public? Okay, thank you. Let me bring it to council then for discussion and consideration. Thoughts and comments. Mr. McDonald. Councilman McDonald: I’ll go first. Well based upon my understanding of our standards, and I thank Mr. Knutson for that because I was probably asking the wrong questions. Yeah, it seems to me as though it’s a reasonable use of the property. It’s a house. It fits into the neighborhood. Whether or not they make profit, it’s not the City’s problem. It’s not our business so I discount all of that and all I’m left with is, is it reasonable? I don’t see why it’s not reasonable and you haven’t brought forth reasons for me to consider that it’s not reasonable so I’d be in favor of granting the variance. Mayor Furlong: Thank you. Other thoughts or comments? Councilwoman Tjornhom. 12 Chanhassen City Council – August 12, 2013 Councilwoman Tjornhom: I have to concur with Councilman McDonald. While I feel your frustration and I understand that you had another vision for this piece of property, as a council member it’s not my role to determine whether or not someone makes a profit on a lot or. Audience: …put that in the thing that it can’t be for profit. Then you can’t consider that. Mayor Furlong: She can continue her comments please. Councilwoman Tjornhom: It’s not my role to determine if a private citizen buys a piece of property and what that profit is and if that’s correct or not. I asked the question tonight whether or not there was any surface water issues because as a council member that is what I’m most concerned about is making sure that there’s no harm done to any of the other neighboring properties and I was answered by the engineer that he didn’t feel there was any issues with that and so for that reason I also will be approving for the variance. Mayor Furlong: Thank you. Councilwoman Ernst. Councilwoman Ernst: Yeah, so this is a hard one for me because it’s just a few houses down from me and I’m very sympathetic to the situation. I have to say that I like, from what I’ve seen I like the design of the house and I, it sounds like with the impervious surface issue that the stormwater issue is covered and it sounds like there is a hardship that’s involved here and that constitutes a variance as this type of a change. You know my neighbors are really caught in a hard place and simply due to circumstances that have happened over the past years and what it is today and I’m disappointed with those circumstances. However with the situation and the variance and what has been proposed, I have to do the right thing for the City as well and I feel that the right thing to do is to vote in favor of the variance. Mayor Furlong: Thank you. Mr. Laufenburger, thoughts or comments. Councilman Laufenburger: Just a brief one Mr. Mayor. I think that Mr. Knutson in describing the rules under which we can approve a variance now and how they are different from a year ago, I think it falls on us as a council to provide a real solid test of reasonableness and I’m thinking about, I think that Mr. Moore and his efforts to build a very nice home that would contribute to the neighborhood as opposed to detract from the neighborhood, I think that’s a good thing and I think that 70 feet of impervious is not unreasonable. 70 square feet of imperviousness is not an unreasonable reason to deny this variance so I would support the variance. Mayor Furlong: Thank you. I think the issues have been pretty well defined. Is it buildable? Currently our ordinances it is. Whether it was before or what information was received before, we can’t say but today it is. Is there a hardship? Does it meet the conditions of a variance request and to the standpoint of not could they do something else, which was the old standard, but is what they’re requesting reasonable? I look at this and with the city engineer’s statement that the additional impervious surface would not cause a public problem from stormwater management. I think it is reasonable. The issue of economic considerations here I think certainly there’s a desire to increase the value of the property by improving the property but I think that’s very consistent with everyone who has built a home or might take a lot and build a home on the lot. It’s to improve the property for their use or to sell so I think that’s just the marketplace and a very reasonable use of this property. If they were seeking to build a type of building or improve upon the property that wasn’t consistent with the surrounding neighborhood, that wasn’t in harmony with the area, then that would be different but I think what is being proposed here and the expectations that they follow all the permitting process and all the ordinance, where the one area of variance from city ordinance is the impervious surface cover I think it’s reasonable and so if that’s the standard by which we are charged to make a decision, that makes sense to do for me so with that, unless 13 Chanhassen City Council – August 12, 2013 there are other comments I would certainly entertain a motion. Mr. McDonald, since you were leaning forward. Councilman McDonald: I make a motion that the Chanhassen City Council approves a 5.8% hard cover variance to permit the construction of a single family home subject to the conditions of the staff report and adoption of the Chanhassen Board of Appeals and Adjustments Findings of Fact. Mayor Furlong: Thank you. Is there a second? Councilwoman Tjornhom: Second. Mayor Furlong: Motion’s been made and seconded. Any discussion on that motion? Hearing none we’ll proceed with the vote. Councilman McDonald moved, Councilwoman Tjornhom seconded that the Chanhassen City Council approves a 5.8 percent hardcover variance to permit the construction of a single family home subject to the following conditions and adoption of the Chanhassen Board of Appeals and Adjustments Findings of Fact: 1. The builder shall provide a tree survey as part of the building permit process. The builder shall try to preserve the trees at the perimeter of the property. 2. The building shall be limited to the split level house design. 3. The builder shall apply for a building permit and meet all requirements of said permit. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Furlong: Thank you everyone. Appreciate your understanding. BLUFF CREEK COTTAGES, NORTH OF PIONEER TRAIL AND WEST OF BLUFF CREEK BOULEVARD, APPLICANT: CHESTNUT GROUP, LLC/OWNER: JOHN KLINGELHUTZ: REQUEST TO REZONE 8.9 ACRES FROM AGRICULTURAL ESTATE DISTRICT (A-2) TO MIXED MEDIUM DENSITY RESIDENTIAL (R-8); SITE PLAN REVIEW WITH VARIANCES FOR THE CONSTRUCTION OF A SENIOR HOUSING FACILITY; CONDITIONAL USE PERMIT TO ALLOW DEVELOPMENT WITHIN THE BLUFF CREEK OVERLAY DISTRICT; AND A RESOLUTION APPROVING REMOVAL OF THE SITE FROM THE RURAL SERVICE AREA. Kate Aanenson: Thank you Mayor, members of the City Council. This request did appear before the th Planning Commission on July 16. Whoops. Got the wrong project up. Sorry. It’s located off of Pioneer Trail. This is a property that, it was impacted by the 212 interchange. At one time before the design build came forward with the 212 there was potentially proposed an interchange at this location of the confluence of Pioneer Trail and actually the new Pioneer Pass Road, Bluff Creek Road going into Pioneer Pass. So part of this property shown here will eventually be vacated and that would be this area right in here so it’s a little, and we have steep slopes on the back side as we go towards Liberty on Bluff Creek so this site, while it was given medium density, it’s kind of topographically separated from the rest of the city. The land use on, the current land use and zoning on this property is medium density but it’s zoned agricultural so surrounding it, as I mentioned we have the Liberty on Bluff Creek which is also PUD Medium Density. We have a neighborhood from Chaska that’s immediately to the west of this property, and then the new park for Pioneer Pass and the Pioneer Pass subdivision. Again then eventually 14 Chanhassen City Council – August 12, 2013 the right-of-way for the 212 will be vacated as MnDOT moves through that process. So this request is for the rezoning from A-2 to R-8, consistent with the guiding of the property. A site plan approval for a care retirement facility, and a conditional use permit for grading within the Bluff Creek. So the rezoning is actually approximately 8.9 acres. So again the zoning on the property, as we just talked about, would go then to medium density consistent with the Comprehensive Plan. The site plan does not take up a lot of the property. It is actually kind of centered in the site itself and the building itself would be a 24 unit senior care facility. This would be very similar to what we did. We created the definition for the Beehive project that’s currently under construction on Highway 41 so similar kind of setting where we found this kind of transitional use where we were kind of blending between a high density, low density, kind of a nice combination of where we have limited access. Again the one on 41, the issue there was until we get the property to the south developed we needed something with low turning movements coming in and out of that property. So this site again leads well to this type of use so again 24 beds. We created that definition. Fitting in the, it has to be a medium density zoning district, what this is, and excuse me one story, yeah. And the total site coverage is very low so for the entire parcel. Now one of the questions that was raised from the neighborhood, could another facility be built on this? Potentially. Again that would be depending on the vacation of the right-of-way and the timing of that and utilities to the site. Again access would be off of Pioneer Trail and that was another one of the issues. Going back to the siting of this property, you have an access going in to Pioneer Pass via Bluff Creek so there’s some turning movements there so with the limited access required for this, because of senior care facilities, it really is a good use for this type of a location. So this is the building itself located on the site. It’s a high quality materials, and I do have the material board here if we can just look at that for a second. So high quality materials. Compliment Sharmeen Al-Jaff on our staff who worked with the applicant to kind of improve the look of the building. Some of the pitches and some of the materials on the site so it’d be similar to what we’ve got, kind of the prototype that we set with the Beehive standard. So the cultured stone at the entry and that sort of thing so we believe it’s very well designed. One of the issues that was brought up with the neighbors was the location of the building from that one house that’s in Chaska so that would be the closest house on the Chaska site, and that is actually the first floor elevation is about 912. This would be at 913 so they’re actually pretty similar in elevation so it’s a big change in character for that neighborhood. You’re going across the pond there so it’s actually about 300 feet across so there’s a pretty good separation between the units. I guess that was one of the issues, if we go back to when we did the Centennial Hills, that neighborhood. Same kind of issue. We’ve got about 300 foot separation and with the growth and maturity of the trees over time, the look that they would have again would diminish. The visual impact. This property is in the Bluff Creek corridor and so it does require a conditional use for grading. We talked about some of the grading that will have to go on in this so it’s just grading and the secondary district, not the primary district so it’s the first 20 feet that would then require a buffer. One of the other issues that was brought up by the neighbors was the sewer connection. I’ll go back to a little bit different drawing so the sewer connection, when we looked at this, the city engineer, myself talking to the applicant, you could come in from the north, which would actually be off of Liberty on Bluff Creek but you have to come through, there’s a pretty steep ravine coming across so actually the City of Chaska has the capacity to service this site so that would be the City’s water, which would come down along Pioneer Trail which we have access to, but the sewer would actually come through Chaska so we’re working on the agreement with that. The neighbors were concerned about that lift station, the capacity of that. We believe in talking to their city engineer, that’s been resolved but we’re going to form a letter from them before this site plan is executed and make sure that’s all put in place. The residents in Chaska were concerned about that, if the lift station had that capacity so we’ll get a final report on that, but with that the staff is recommending approval of this application and finally there is, this area is in the rural service district so there’s an additional motion that did not appear before the Planning Commission but that would be taking this property out of the rural service district as it’s being developed, so with that I’d be happy to answer any questions that you have. Mayor Furlong: Thank you. Questions for staff. Mr. McDonald. 15 Chanhassen City Council – August 12, 2013 Councilman McDonald: Can you go back and explain to me about how you gain entry to the property because if that’s the property line then that means they’re going across what to be able to get to the property? Could you go back through that because you said something about the State owns the right-of- way. Kate Aanenson: Yep. Yeah, so this piece of property, this is the excess right-of-way that MnDOT still has because this was intended before we did the design build, intended and purchased, intended for an interchange at this location. That was eliminated so this is still an excess right-of-way so they will get, just like we did over here to get to Pioneer Pass, Bluff Creek Drive, we constructed this road through the MnDOT right-of-way and that will also happen here so I’ll be working with MnDOT to secure the location of that driveway. So this is the separation that we were concerned about. Just making sure we had enough space between the Bluff Creek Drive going into Pioneer Pass. This is the new park and then making sure we’ve got enough separation there so looking at the uses, and could it have been, at 8 units an acre it could have been a lot different product but again I know I was challenged a little bit about this by the Planning Commission. We don’t typically like to put senior housing kind of isolated away from other services, but it’s actually kind of a good transition use so we felt good about that. That location of that use there. Councilman McDonald: Now when we built the property up on 41, I know that we discussed traffic coming in and out and wasn’t that because of the use of this home. I mean you’re not looking at a lot of single family cars and those things. It was more buses and kind of mass transit. Maybe families coming to visit every so often so it’s not a lot of traffic as I recall. Kate Aanenson: No. The number of employees is in the staff report. They have you know the major shift at 3 employees. They have 15 parking spaces but again it’s nominal as far as there’ll be service deliveries and the like but it wouldn’t be anything like you would have for, if we had 8 units an acre in there on the 8 buildable acres so it’s significantly less and that was one of the concerns that the city engineer had regarding turning movements on that when you’ve got another major corridor, Bluff Creek going up. That would be conflicting turning movements with the spacing requirements. Councilman McDonald: Okay, thank you. No more. Mayor Furlong: Thank you. Other questions. Councilman Laufenburger. Councilman Laufenburger: Kate, can you talk a little bit about water and sewer again with this picture up here? Kate Aanenson: Sure. Yeah. Councilman Laufenburger: Did you say that the water would come from the north to the south and the sewer would come along Bluff Creek Boulevard? Kate Aanenson: Sure. The water is in Bluff Creek Drive so it’s going to be coming across Bluff Creek Boulevard. Bluff Creek Drive, sorry. Bluff Creek Drive so it’d be coming over here. Councilman Laufenburger: Water in. Kate Aanenson: Water, it’s coming this way. Councilman Laufenburger: And that’s Chanhassen. 16 Chanhassen City Council – August 12, 2013 Kate Aanenson: Correct. The sewer would have to come this way so rather than you know coming through this area, and this isn’t showing topography but it’s very steep through here coming through Liberty on Bluff Creek because the sewer is up there. That it’s coming from Chaska this way. Councilman Laufenburger: Okay, so just back up you said to come from, for Chanhassen to service the sewer it would have to come from the northwest. Kate Aanenson: That’s correct. Councilman Laufenburger: Okay. Kate Aanenson: Quite a ways and some environmental, yep. Councilman Laufenburger: But so what you’re saying here is that Chaska, you’re in discussions with Chaska for Chaska to take the sewer. Kate Aanenson: Yes. Councilman Laufenburger: And of course they would be compensated by the developer for that, is that correct? Kate Aanenson: Correct, yep. Councilman Laufenburger: Okay. Does that pose any problems for water to come from us, sewer to go from, I mean clean water comes from Chanhassen and gray water goes to Chaska. Kate Aanenson: Yeah. Councilman Laufenburger: Is that okay? Kate Aanenson: Something like that. I’ll let Paul address that but again I just want to reiterate some of the neighbors in this area were concerned about that lift station and they, the City of Chaska has upgraded that so that’s what we’re waiting to get the verification so, make sure that can be resolved. I’ll let Paul answer that question. Paul Oehme: Sure, Councilman Laufenburger. We have agreements with other communities for services similar to this so on billing purposes it shouldn’t be very much of a problem. Councilman Laufenburger: Okay. Alright. Kate Aanenson: As long as you’re on this slide, I think I’d like to show you again kind of, it’s illustratively I think it might be easier to see. This is the house where that, the elevation would be about 912 and then this building would be 913 so you’re kind of looking across this wetland here. So again it’s about 300 feet between the house and then the building. Mayor Furlong: Thank you. Other questions? Ms. Aanenson, the intended use here or the proposal is for the senior living. Kate Aanenson: Correct. 17 Chanhassen City Council – August 12, 2013 Mayor Furlong: Correct. What, are there other possible uses for this property if it’s built? Kate Aanenson: Yes. Mayor Furlong: The way it is proposed. Kate Aanenson: If the senior housing went away? Mayor Furlong: (Yes). Kate Aanenson: Yes. It is guided for medium density, which would allow up to 8 units an acre so it could be, it could be an apartment at that. It could be a townhouse at that. It could come in in some other format. Mayor Furlong: But if there was a different, instead of seniors, is it possible for just 24 adults to live there? Kate Aanenson: Yes. Oh in that, no. Actually that’s what we put together in that senior ordinance that we did, that is limited to seniors. Mayor Furlong: Okay. Kate Aanenson: They would have to come back and amend that, and we spent a lot of time drafting that ordinance last summer. Working with the attorney’s office on that and then, so we also figured a way to get some impact fee on that too so I think the definition that we’ve got is clearly intended to be seniors. I think that came up when we were concerned about it, it might become some other type of group home, halfway house, something like that so we’ve got that, they would have to come back and request that. Mayor Furlong: So our ordinance provides the City to insure that the intended use as is being presented here tonight would be the use. Kate Aanenson: Yep. Yeah, we define what a senior was and the like. Mayor Furlong: Alright. Thank you. Any other questions for staff at this time? Is the applicant or their representative here? Any comments you’d like to make? Dave Pokorney: Hello, my name’s Dave Pokorney of 1403 Valley View Road, Chaska. Mayor Furlong: Welcome. Dave Pokorney: Yes, and I do represent Community Asset Development who is the development team on this project. Mayor Furlong: Okay. Dave Pokorney: First I’ll say of the, I don’t know it’s like 48 conditions. I think it’s the longest list of conditions I’ve ever seen but we do, we’re in agreement with all of them. Mayor Furlong: Oh really? 18 Chanhassen City Council – August 12, 2013 Dave Pokorney: Yeah. Did a good job with conditions. Relative to the sewer, we’ve had discussions with Chaska about this. They’re now in the process, they’re going to do a study basically to calculate what number of units. I don’t think they’re really that concerned about 24. They’re concerned if it ever got bigger. From our standpoint and the ultimate users, which would be the Chestnut Group who would own the building, it’s probably, we don’t see us expanding on the site. With senior assisted memory care kind of facilities, this size of having 24, or more than 24 at a single location really doesn’t make economic sense so it’s unlikely. I’m not saying that it would never happen but it’s unlikely so we’re not really too concerned about the sewer issue. We think we can work that out. If we had to, if it couldn’t work then we recognize, you know it’d have to go to the north. We think there’s a lot of environmental issues with that. It probably means you have to directional bore it and we’ve looked at it. It’s feasible. It’s just, even directional boring could cause some issues given the slopes that are there. Relative to the neighborhood, we did have a neighborhood meeting. I think generally we had a very positive response. You know this is, as I said at the Planning Commission, I was glad that it did not have to come before the Planning Commission and try to seek some of the other uses that were proposed on the site. I mean you know if this was, back when townhouses were a hot product, you could have seen somebody wanting to put something like that here. That can fit. It had some real grade issues. It had some sight line issues were really problematic with that so we really think this is a great use for this site but relative to sight lines today, if that building was there today and you were in one of homes to the west, you couldn’t see it. I mean the trees are high enough that they would block that. But I have been there in the winter and during the winter you see right through the trees so this unit will be visible from the homes on the west during the winter times and there really isn’t anything to affect that because they’re both basically at the same grades. And the 912 elevation, we had looked, that was actually the average elevation of all the, there were half a dozen houses. They’re all basically at the same elevation. So we tried to build a unit that is very residential in character and quite frankly that’s for our own marketing. These types of units where people have, seniors that have some of the memory care issues. You want to make them simple and low key and feel like they’re living at home and so we want to avoid actually the larger type of multiple living units. 24 is really kind of a maximum and we try to keep it as simple of a place as we could create so we’re excited about the project. We would hope if it’s approved to begin construction yet this fall and with a completion sometime next year. We do have a number of other permits that we need to resolve. We need to get the County permit. By the way it does appear that the County permit will deal with MnDOT’s right-of-way. They have been having discussions. We’ve had discussions with the County. We know just what we need to do now for that permit and we need to resolve the Chaska issue also. But we think that all can get done and by mid-September we can be under construction. Mayor Furlong: Thank you. Any questions for Mr. Pokorney? Mr. Laufenburger. Councilman Laufenburger: Just one Mr. Pokorney. Have you, is your, the CAD. Dave Pokorney: Community Asset Development Group. Councilman Laufenburger: Yes. Have you developed other units or other properties like this? Dave Pokorney: Yes. Councilman Laufenburger: Can you talk about where? Dave Pokorney: We have done, let’s see we have completed one in the city of Mountain Lake, Minnesota. That’s actually very similar except there the, it’s really more focused on not people with memory care issues so it’s a little larger units. We’re under construction with one in Winthrop, Minnesota and we were involved as a development consultant for Auburn Manor. They built a facility in Waconia that opened about a year ago. 19 Chanhassen City Council – August 12, 2013 Councilman Laufenburger: Okay, so you have some experience with this. Thank you Dave. Dave Pokorney: Plus I’m getting old. Councilman Laufenburger: You’re building your retirement home. Dave Pokorney: Right. Councilman Laufenburger: Thanks Dave. Mayor Furlong: Thank you. Any follow up questions for staff? If not, thoughts and discussion from members of the council. Councilwoman Tjornhom: I’ll just start by saying. Mayor Furlong: Please. Councilwoman Tjornhom: I think this is a good development. I think I was reading, some of the criteria’s for choosing us to be one of the fourth best cities was the fact that we were involving our youth and we were also trying to take care of our older residents as far as residential living facilities so I think this is a good example of that so thank you for this. I know we’ve had several members from our senior commission talk about this. This is a real issue in town and so I’m glad you’re coming in and so I will be voting yes on this issue. Mayor Furlong: Thank you. Other thoughts? Comments. Councilwoman Ernst. Councilwoman Ernst: Yeah I think this will be a great addition to the city so I will support this project. Mayor Furlong: Thank you. Anything else? No? It seems to be a good use of the property. A good fit. Understand the concerns of the neighbors to the west but clearly from the alternatives of what could be there and the use, I think it makes a lot of sense and it provides another housing need. Another housing opportunity for our residents as was mentioned by Councilwoman Tjornhom so I think it’s a very good project and thank you for bringing it forward, and for all involved with this and staff and others for bringing the project to us this evening. With that if there are no other comments, would somebody like to make a motion? Councilwoman Ernst: Sure. Mayor Furlong: Councilwoman Ernst. Councilwoman Ernst: I make a motion that we approve a rezoning of property from Agricultural Estate District (A-2) to Mixed Medium Density Residential District (R-8), Site Plan approval for construction of a continuing care retirement facility, Bluff Creek Cottages, Conditional Use Permit to allow development within the Bluff Creek Overlay District and adopt a resolution removing this parcel from Rural Service District subject to the conditions of approval and adoption of the attached Findings of Fact and Recommendation. Mayor Furlong: Thank you. Is there a second? Councilman McDonald: Second. 20 Chanhassen City Council – August 12, 2013 Mayor Furlong: Motion’s been made and seconded. Any discussion? Hearing none we’ll proceed with the vote. Planning Case #2013- Councilwoman Ernst moved, Councilman McDonald seconded to approve 08 to rezone 8.9 acres of property zoned A2, Agricultural Estate District, to R-8, Mixed Medium-Density Residential Bluff Creek Cottages contingent upon site plan approval, as shown in plans dated received June 14, 2013, and adoption of the Findings of Fact. All voted in favor and the motion carried unanimously with a vote of 5 to 0. the conditional use Councilwoman Ernst moved, Councilman McDonald seconded to approve permit for Planning Case 2013-08 for Bluff Creek Cottages as shown in plans dated received June 14, 2013, and including the attached Findings of Fact and Recommendation, subject to the following conditions: 1.The plans are amended to read “Assumed wetland boundary – area not delineated per 1987 Corps Manual.” 2.The 894’ contour is the assumed wetland boundary for purposes of determining buffer and setbacks. 3.Wetland buffer shall be shown to measure twenty (20) feet as is consistent with a Manage 2 wetland. The setback from this buffer shall then be thirty (30) feet. 4.That portion of the property containing the Bluff Creek Primary Zone and the tributary to Bluff Creek is dedicated to the city as per discussion with applicant and city staff. 5.The applicant must apply for and receive a NPDES construction permit prior to any earth-disturbing activity. 6.The applicant must prepare a SWPPP consistent with the NPDES construction permit requirements (Part III) and submit this SWPPP to the city for review and comment. 7.The construction of the bioretention area shall be phased such that it is not disturbed until after the rest of the site has been graded. The plans shall be amended to reflect this and perimeter control shall be installed that will prevent the operation of equipment and the stockpiling of materials in this area. 8.Sediment control Best Management Practices shall remain in place around the bioretention basin until the area tributary to the basin is stabilized. 9.Inlet protection shall be installed on the double catch basin on Pioneer Trail located downstream of the site prior to commencement of earth-disturbing activities. Inlet protection shall be installed on all catch basins and curb cuts interior to the site after installation until final stabilization is met. 10.All outfalls, including the curb cut, shall be stabilized within 24 hours of connection. 21 Chanhassen City Council – August 12, 2013 11.The rip rap for the curb cut shall extend, uninterrupted, to the normal water level of the proposed pond (905.0’). 12.The geotextile fabric shall have a permittivity value of 0.5 or higher. 13.The model shall be amended to show that the peak discharge rate at the curb cut is no greater than 3.0 cfs during the 25-year storm event. If this cannot be achieved, the applicant is strongly encouraged to use pipe to convey stormwater runoff. 14.An operations and maintenance manual shall be provided to the city for review and approval and shall cover the bioretention feature and the swale inlet into the pond. 15.The outfall for the stormwater detention pond shall be pulled away from the wetland such that there is adequate room to install all rip rap without any disturbance below the 894’ contour. If practicable to do so, the outfall shall be pulled entirely outside of the wetland buffer area. 16.The bioretention feature shall be designed in a manner consistent with the Minnesota Stormwater Manual “design criteria for bioretention”. 17.A detailed plan for the bioretention feature, including phasing, soil amendments, underdrain (if necessary) and planting schedule shall be provided to the city for review and approval. 18.Percolation tests shall be performed in the bioretention area to determine infiltration rates. The model shall be amended based upon these findings and provided to the city. 19.The bioretention feature shall be designed such that it drains within 48 hours. 20.Pretreatment shall be provided prior to discharge to the bioretention feature. This shall be a grass swale consistent with the MN Stormwater Manual “Guidelines for filter strip pre-treatment sizing”, a forebay or a sump manhole at least three feet in depth. 21.The applicant must receive permission from Carver County for the proposed runoff condition into Pioneer Trail and provide a spread and run calculation to show that the proposed catch basin will capture the ten-year event or otherwise design the storm sewer to capture this event. 22.The applicant is responsible for all other permits and approvals.” All voted in favor and the motion carried unanimously with a vote of 5 to 0. he site plan consisting Councilwoman Ernst moved, Councilman McDonald seconded to approve t of a 13,700 square-foot continuing care retirement facility, Planning Case 2013-08 for Bluff 22 Chanhassen City Council – August 12, 2013 Creek Cottages as shown in plans dated received June 13, 2013, and including the attached Findings of Fact and Recommendation, subject to the following conditions: Building Official Conditions: 1.The proposed structure is required to have an automatic fire extinguishing system. 2.All plans must be prepared and signed by design professionals licensed in the State of Minnesota. A geotechnical (soil evaluation) report is required. 3.Designs\plans for retaining wall(s) exceeding four feet in height must be prepared and signed by a structural engineer. 4.Detailed building code-related requirements have not been reviewed; this will take place when complete structural/architectural plans are submitted. 5.Structures and site must meet Minnesota Accessibility Code. 6.The owner and/or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. Fire Marshal Conditions: 1.Add one hydrant at the intersection of Pioneer Trail and the entrance road. 2.In addition to 12-inch address numbers on the building, address numbers will be required at driveway entrance. Contact Chanhassen Fire Marshal for requirements. 3.A PIV, Post indicator valve will be required. 4.Yellow painted curbing and “No Parking Fire Lane” signs are required. Contact Chanhassen Fire Marshal for details. 5.City Engineer shall verify that the purposed fire apparatus turnaround is sufficient. 6.A three-foot clear space must be maintained around fire hydrant(s). Planning Conditions: 1.All rooftop and ground equipment must be screened from views. 2.Approval of the site plan application is contingent upon approval of the rezoning and conditional use permit for Planning Case 2013-08. 3.The monument sign may not exceed 24 square feet in area nor be higher than 5 feet. The sign shall be located 10 feet from the property line. 23 Chanhassen City Council – August 12, 2013 4.Sign illumination and design shall comply with ordinance. If illuminated, the letters shall be backlit and use individual dimension letters, at least one-half inch deep. The sign materials shall be compatible with the building. The applicant must apply for a sign permit. 5.The trash enclosure for the building has not been shown on the plans. The structure must be screened from views and constructed of the same materials as the building. Recycling space and other solid waste collection space should be contained within the same enclosure as the trash. 6.Light levels for site lighting shall be no more than one-half foot candle at the project perimeter property line. This does not apply to street lighting. Light fixtures shall be downcast and the light shall be cut off at a 90-degree angle as required by the city code. All fixtures shall be shielded. Park and Trail Conditions: 1.Park fees in the amount of $12,000 shall be collected as part of the site plan permit. Engineering Conditions: 1.An agreement must be obtained from MnDOT and Carver County to allow the driveway to connect to Pioneer Trail (County Road 14) and to allow construction of private utilities in the right-of-way. 2.The applicant must apply for and receive a NPDES construction permit prior to any earth- disturbing activity. 3.The applicant must prepare a SWPPP consistent with the NPDES construction permit requirements (Part III) and submit this SWPPP to the city for review and comment. 4.The construction of the bioretention area shall be phased such that it is not disturbed until after the rest of the site has been graded. The plans shall be amended to reflect this and perimeter control shall be installed that will prevent the operation of equipment and the stockpiling of materials in this area. 5.Sediment control Best Management Practices shall remain in place around the bioretention basin until the area tributary to the basin is stabilized. 6.Inlet protection shall be installed on the double catch basin on Pioneer Trail located downstream of the site prior to commencement of earth-disturbing activities. Inlet protection shall be installed on all catch basins and curb cuts interior to the site after installation until final stabilization is met. 7.All outfalls, including the curb cut, shall be stabilized within 24 hours of connection. 8.The rip rap for the curb cut shall extend, uninterrupted, to the normal water level of the proposed pond (905.0’). 24 Chanhassen City Council – August 12, 2013 9.The geotextile fabric shall have a permittivity value of 0.5 or higher. 10.The plans must be signed by a registered engineer. 11.Ten-foot drainage and utility easements are required over all public utilities. 12.An existing topography plan sheet must be included in the plan set. 13.The grading plans must be amended so that no slopes exceed 3:1. 14.The developer’s engineer must submit a soils report and boring log for this site indicating the soil conditions, permeability and slope. 15.The plans must show the elevations at the corners of the proposed building and where the building foundation is acting as a retaining wall. 16.The plans must identify any stockpile areas that will be used during construction. 17.The developer’s engineer must call out the 6-foot retaining wall around the “outdoor space” in the plans and include top and bottom of wall elevations. 18.The following materials are prohibited for retaining wall construction: smooth face, poured- in-place concrete (stamped or patterned concrete is allowed), masonry, railroad ties or timber. Walls taller than 6 feet shall not be constructed with boulder rock. 19.The developer’s engineer must adjust grading at the face of the east retaining wall to create a swale so water will flow away from both the wall and the building. 20.The retaining walls shall be privately owned and maintained. 21.All retaining walls over six feet high and within 10 feet of a sidewalk or other public way must have a fence or other barrier. This condition includes the areas where the building foundation will act as a retaining wall. 22.Before vehicles enter Pioneer Trail, the driveway must provide a landing area that starts at least 50 feet back from the crosswalk and is at a 2% maximum grade. 23.The parking lot aisle must be 26 feet wide. 24.The turnaround must allow enough room for a fire truck to turn and exit the parking lot without going through the parking spaces. Approved turnarounds include a 100-foot hammerhead and a 70-foot diameter cul-de-sac. 25.The plans are amended to read “Assumed wetland boundary – area not delineated per 1987 Corps Manual.” 26.The 894’ contour is the assumed wetland boundary for purposes of determining buffer and setbacks. 25 Chanhassen City Council – August 12, 2013 27.Wetland buffer shall be shown to measure twenty (20) feet as is consistent with a Manage 2 wetland. The setback from this buffer shall then be thirty (30) feet. 28.That portion of the property containing the Bluff Creek Primary Zone and the tributary to Bluff Creek is dedicated to the city as per discussion with applicant and city staff. 29.The model shall be amended to show that the peak discharge rate at the curb cut is no greater than 3.0 cfs during the 25-year storm event. If this cannot be achieved, the applicant is strongly encouraged to use pipe to convey stormwater runoff. 30.An operations and maintenance manual shall be provided to the city for review and approval and shall cover the bioretention feature and the swale inlet into the pond. 31.The outfall for the stormwater detention pond shall be pulled away from the wetland such that there is adequate room to install all rip rap without any disturbance below the 894’ contour. If practicable to do so, the outfall shall be pulled entirely outside of the wetland buffer area. 32.The bioretention feature shall be designed in a manner consistent with the Minnesota Stormwater Manual “design criteria for bioretention”. 33.A detailed plan for the bioretention feature, including phasing, soil amendments, underdrain (if necessary) and planting schedule shall be provided to the city for review and approval. 34.Percolation tests shall be performed in the bioretention area to determine infiltration rates. The model shall be amended based upon these findings and provided to the city. 35.The bioretention feature shall be designed such that it drains within 48 hours. 36.Pretreatment shall be provided prior to discharge to the bioretention feature. This shall be a grass swale consistent with the MN Stormwater Manual “Guidelines for filter strip pre- treatment sizing”, a forebay or a sump manhole at least three feet in depth. 37.The applicant must receive permission from Carver County for the proposed runoff condition into Pioneer Trail, and provide a spread and run calculation to show that the proposed catch basin will capture the ten-year event or otherwise design the storm sewer to capture this event. 38.The applicant is responsible for all other permits and approvals. 39.The developer’s engineer must show the detailed lift station design and location in the plans. 40.The City of Chaska must approve the sanitary sewer plans. 41.The sanitary sewer and watermain shall be privately owned and maintained. 42.A plan sheet is required to show the watermain extension from the driveway to the connection to Chanhassen’s watermain system. 43.The watermain that is parallel to Pioneer Trail must be 8 inches for fire flow conditions. 26 Chanhassen City Council – August 12, 2013 44.The developer’s engineer shall model the watermain extension for fire flow demand to the development to ensure the watermain pipe size is adequate. 45.Fire hydrants are required every 400 feet, and gate valves are required every 800 feet. 46.This property has outstanding assessments from previous improvement projects that were deferred due to the property’s Green Acres status. Altering the zoning for this property will cause the assessments to come due. 47.Water and sewer trunk and hook-up fees are to be collected with the development contract. 48.A permit is required for any work within the MnDOT or Carver County right-of-way. 49.A temporary construction easement will be required for the installation of utilities within road right-of-way. Miscellaneous Conditions: 1.The applicant shall work with staff on minor plan modifications. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Resolution #2013-39: Councilwoman Ernst moved, Councilman McDonald seconded that the City Council approve a Resolution removing property from the Rural Service District. All voted in favor and the motion carried unanimously with a vote of 5 to 0. TH PRESERVE AT RICE LAKE: SOUTH OF WEST 86 STREET, NORTH OF TH 212 AND EAST OF TH 101; APPLICANT: J & S VENTURES 1, INC: REQUEST FOR A LAND USE MAP AMENDMENT FROM RESIDENTIAL-LOW DENSITY TO RESIDENTIAL-LOW AND MEDIUM DENSITY; REZONING FROM SINGLE-FAMILY RESIDENTIAL (RSF) AND MIXED LOW DENSITY RESIDENTIAL (R4) TO PLANNED UNIT DEVELOPMENT- RESIDENTIAL (PUD-R); PRELIMINARY PLAT OF 13.22 ACRES INTO 16 LOTS AND 2 OUTLOTS WITH VARIANCES; SITE PLAN REVIEW; AND WETLAND ALTERATION PERMIT. Kate Aanenson: Thank you Mayor, members of the City Council. This item also was heard by the th Planning Commission on July 16 and they did recommend approval. The subject location is actually at th the end of West 86 Street, abutting against 212. The existing condition of the site is, it’s encumbered by a wetland. It’s actually in shoreland district of Rice Marsh Lake which I’ll show in a little bit more detail. There’s 13 acres of wetland. We did talk about this in the concept, when this came in because it was a little bit problematic to try to get the lot sizes to work on there so we actually up zoned this property. In an up zoning we still had to maintain the 4 units an acre and you’ll see how that plays out as we move through the design of the project itself. So as I mentioned it’s in the shoreland district, so you can see the different tiers of the shoreland district where it has different requirements for building within, lot size requirements so again in order to accomplish what the developer wanted to do, we had to go to the medium density allowed the small lot sizes and allowed some flexibility within the shoreland district requirements. So anything within that 1,000 square feet, even if it’s a portion of a lot falls within the shoreland district. So as I stated the existing land use was low density and the zoning then was RSF and R-4 which did allow the 15,000 square foot lots or for the twinhomes also in the R-4. So to accomplish again what the developer wanted to do, we have to do an up zone to get to the medium density so this application, as you just stated Mayor, includes a land use amendment, a rezoning, a subdivision, variance, 27 Chanhassen City Council – August 12, 2013 site plan approval and a wetland alteration permit. So what we’ll be doing then is actually changing the land use to the medium density and then the rezoning would then be for the PUD so again this is an item that would have to go up to the Met Council then for approval, just as you did tonight approving the apartment ones. This will have to go through that same process. So the proposed rezoning as I stated would then be to the PUD. So the PUD in looking at what the, in order to accomplish the goals of the developer then would be to give the setback variance from Highway 212. We have a longer cul-de-sac length. Reduced front and side yard setbacks. Reduced road width right-of-way. A 10,000 square foot lot minimum. A 60 foot lot width. 100 foot lot depth and then a 30% hard surface coverage. Elimination of a sidewalk and so the developer would get enhanced, provide enhanced environmental features and then the sound wall along 212 would also then be constructed tying into the Mission Hills subdivision sound wall. Mayor Furlong: Ms. Aanenson, real quick question if you go back up to that slide. While it calls for a 60 foot lot width and 100 foot lot depth, that’s only 6,000 square feet. Kate Aanenson: That’s the minimums. They will be 10,000 square foot minimum lot size. Mayor Furlong: Okay, so the lot size would say, there would be no 60 by 100? Kate Aanenson: I’ll spend a little bit, no there will not. The house plans will not fit on there and I’ll show a little bit more in detail on that and that’s part of the attributes that we put into the PUD ordinance to make sure all the houses that were proposed fit on the lots. Mayor Furlong: Thank you. Kate Aanenson: So then this would become then the PUD standards looking again what the developer wanted to do so we have the setback from the 212. We have perimeter setbacks. Front yard setbacks. The 25 feet. Then we have a 5 and a 10 which we’ve done in some of the other RLM districts. Minimum 15 but some at 5 and a 10. The rear yard allowing some 15 foot for accessory structures. Then each individual lot be at 30%. Some more detail was actually put to that, in that 30% calculated the different house plans and how they fit on each lot so that was the one issue that we want to make sure it’s clear to the developer that not all the house plans presented will fit on all the lots so we want to make sure that the buyers going into this type of a home, the square footage and the type of home that these are, understand that there’s limited ability to add to these lots. For example we calculated typically what the driveway hard cover, because the proposal that was put in by the applicant just included the square footage of the home so we also have to add for the driveway hard cover and then a back patio or something like that so those were all contributed to, or added to, to get to what we believe is a reasonable use so taking the minimum 10,000 square foot lot. Mayor, that’s where that comes in. So that would be the minimum. And then the minimum 60 foot so some of these may be narrow but then they would be deeper so that kind of goes into how those different house plans fit on those lots. So then this then becomes the ordinance that we would be adopting with this. So the subdivision itself includes the 12 lots and, excuse me. 16 lots. Yeah, 16 single family lots and then the long cul-de-sac which was the variance. Then there were some other impacts to the wetland but I’m going to turn some of the specific environmental features over to the city engineer, but these would be the lots themselves and the orange is actually showing the trail that would connect down to the trail that we’ll be discussing later tonight. But on the typical setbacks again I just want to show this illustratively how we looked at that. Giving the variance on the 25 foot front yard, and this is a building envelope and I would say that none of those lots out there are perfect squares. They’re all different shapes but this is illustratively how it would look. So within that we identified which houses could fit on each and those were shown in your civil plans that were included in the packet. The different types of houses that would go on those lots. Again we’ve used this before and then this would, this is what was shown in your packet, the different style homes. Again I just want to 28 Chanhassen City Council – August 12, 2013 point out that those square footage that were shown on there do not include what we added for a driveway and then for additional hard cover so we’ve identified which houses would go on each lot and those again would be part of the requirements so we just want to make sure that the buyer going in there isn’t thinking that they have the ability to add a big addition on in the future because there isn’t that much room on these lots to accomplish that. So with that I’ll turn it over to the city engineer to kind of go through some of the engineering issues. Paul Oehme: Thank you Ms. Aanenson. Noise wall will be required by the developer to be constructed for this development to meet the PCA requirements for residential homes. The proposed noise wall will be consistent or similar to what’s currently out there today basically on the west property line. It’s a wood, timber noise wall constructed with the 212 project. The noise wall would be built on an existing berm that is currently along the south edge of the property which is in MnDOT right-of-way. The City would have to enter into a cooperative agreement with MnDOT for construction and future maintenance of this wall, consistent with the walls that were constructed with the 212 project so. As Ms. Aanenson had indicated, the wetlands on this parcel are significant. About 27% of the property is encumbered by wetlands. We have worked with the developer to try to minimize the amount of impacts to the wetlands as much as we can. The impacts currently that only exist for this plan are circled here in the yellow. Those wetlands would be mitigated, either on site or through a bank process. The City has worked again with the developer on profiles of the roadway too to try to minimize the impacts to this, to the wetlands as well. Drainage for this development is probably one of the most challenging that we’ve worked on in the last couple of years here. With the wetlands in the area, the lack of city infrastructure to facilitate the storm water conveyance system on and off the property, but we did come up with I think a workable plan at this time. A majority of the current runoff does head to the, or a large portion of the property currently heads off to the east to the MnDOT property at this location. With the proposed development a lot more of the surface runoff will be heading north to a, through private property. Through a culvert that is in disrepair and across another property and then down to Rice Marsh Lake eventually so there are two storm sewer ponds proposed for this development. Infiltration basin and again we are trying to work around the wishes of the developer and try to limit the amount of impacts to this area as much as we can. Storm water. So one of the conditions that is in your packet for consideration is to obtain that storm sewer easement through the property just adjacent to the north there to fix the culvert that’s currently in disrepair. So with that, moving on to ground water. Staff did work with a developer on taking piezometer readings or water table readings in this area. As we had indicated there’s lot of wetlands out here. High water tables so we were concerned about what the finished floor elevations would be in relation to the ground water to meet our 3 foot minimum separation requirement. As indicated again the developer has raised the road up and some of the lots in this area to try to accommodate the high water tables in this area. It is our proposal that if, when the buildings are being excavated, the footings established, that the building officials look at you know where the water tables at that current time and potentially make adjustments to those final grades if necessary. With that. Kate Aanenson: With that we’d be happy to answer any questions that you would have on the project itself. Mayor Furlong: Alright, thank you for the report. Questions for staff. Councilman McDonald: I’ve got just one question. You had mentioned during the presentation that you know the buyers of the home would be informed that you know they’re not going to be able to add a lot because, add additional features to the home. How are we going to do that because we’ve had trouble before in other areas of the city and getting that word across. Kate Aanenson: That’s a challenge. If you look at the house plans that are on here, these are very nice homes on lots that you know can accommodate the houses but not a lot of extra so we were hoping that 29 Chanhassen City Council – August 12, 2013 certainly the developer, the builder would communicate that well, as we would on the permit when they come through and that’s the best thing that we can do to try to communicate that. Not all of the applicants look at the builders but we try to communicate to them. Councilman McDonald: Okay, thank you. Mayor Furlong: Other questions. Ms. Aanenson, there were modifications to this plan that’s before us this evening since we saw it in concept and also since the Planning Commission. Could you just summarize for us those changes. Kate Aanenson: I believe the. Mayor Furlong: At least since the Planning Commission if we can’t compare it to the concept. Kate Aanenson: Yes. This is probably the best one to look at. There was actually a sidewalk proposed on the site that I think was causing a lot of consternation of access to that. Because of the length of the cul-de-sac and the actual maintenance, when you get up into this area as you’re not going past any houses and the fact that it may not be maintained, we decided to eliminate that sidewalk so that would be one of the biggest changes. I think some of the. Paul Oehme: The trail location. Kate Aanenson: The trail, yes. Sorry, the trail location. That moved too and I think that’s probably more illustratively at this one too. Mayor Furlong: Okay. Kate Aanenson: So again there is a long list of things that need to be done yet before this project go forward the least of which needs to be the Comp Plan amendment to accomplish this goal and then just all the other permitting things. There’s, the developer has some work to do just kind of crossing the t’s, dotting the I’s to make this go forward so, it can be accomplished but. Todd Gerhardt: Over 42? Kate Aanenson: I think so. I think we beat that one. Mayor Furlong: Is there, the variance relates to the length of the street being proposed, the cul-de-sac, is that correct? Kate Aanenson: Correct. Mayor Furlong: Is there a reasonable way to service this property without doing that? Kate Aanenson: No, we looked at, you’ve got a single property owner to the north you know and so it would be problematic. Those are long, large lots but they’re going to have trail on the back sides of those so there really is no good way to service those. Again looking at the density, we think that it should be okay. Mayor Furlong: Okay, so it’s not just a preference to design it this way. There really is no reasonable. 30 Chanhassen City Council – August 12, 2013 Kate Aanenson: Correct. If there was another reasonable way then we would certainly have tried to make that happen. Mayor Furlong: Okay. Alright, thank you. Any other questions for staff? Is the applicant here this evening? Mr. Knoblauch, if you’d like to address the council. Good evening. John Knoblauch: Good evening council, Mayor. I’m John Knoblauch, 1450 Knob Hill Lane, Chanhassen. I’m developer and builder of, working on the Preserve with staff here. Just a couple comments. The, unfortunately this drawing I kind of giggle about. There’s actually only, if you look at the actual standing water is really only where that Outlot A is. The other wetlands are seasonal wetlands. C and D on the south end. There’s also a wetland, a significant wetland on the east side right at the MnDOT property on the east side. Just a mention on the borings that were done. We’ve been watching the piezometer readings for ground water. 14 and 7 have shown higher levels than any of the other piezometers that have been on site. Fortunately 1 through 12 are all full walkout lots. At least proposed full walkouts. Typically when I build houses, full walkouts are not as likely to have water issues as a lookout or a full basement so I believe with exterior drain tiling, interior drain tiling, I don’t see any issues there on those lots. We have raised 4 of the lots to make dang sure that we got the 3 foot ground separation right now and we did test right after our, I think we had a 4 inch and then we had 5 1/2 in 3 days and we did test right after that too so we’re pretty comfortable with our ground water information that we have at this point. The only wetland impact, or the only wetland alteration is the road entry. We’ve moved the cul-de-sac to the north to avoid any impact at all that, so really it’s just basically to access the property we literally have to impact that wetland on the west side. The sound wall that is proposed, we’re working with Shirley Walker who is the engineer who did the wall on the, she did the 3,000 foot wall on the townhome site and so she is very good at what she does and she’s working with ITCO to finish the wall design, which actually we did get a final plan today on that and that will be submitted to MnDOT shortly. I believe this week. One of our disappointing things with MnDOT right now is that they reneged on allowing us to landscape the north side of the berms that are there. I would hopefully encourage Jill Sinclair, the City Forester to, I would ask them to try to reconsider to allow us to put some plantings. We had a number of plantings we wanted to move on site. There’s about 60 cedar trees that we’d like to save that are anywhere from 6 to 10 feet and I was going to hire a tree mover to save those and put them on the berm. Instead we had to kind of incorporate them in the rest of the project but we would like to landscape the berms if we could get MnDOT to agree to that but I don’t know how hopeful that is. As far as the single family lots that are proposed here, I just think it’s a very good use for the site. Twinhomes, townhomes, you know more pressure in this area. This is a dead end area. The acreage site to the north are bigger lots. You’ve got Mission Hills with nice homes. You’ve got the townhomes there. This is a good use of this parcel. As far as the 10,000 square foot lots, I’ve been building in Shakopee for about 22 years now. We’re very accustomed to 10,000 square foot lots. We build mostly in Shakopee from 8,800 to 10,000. They actually don’t have, one subdivision we were in there is 400 lots and there was nothing over 11,000 square feet so we’re very comfortable building in this square footage. These lots are, the pad areas are 55 to 60 and will support a decent three car garage. I believe our drawings show a 30 foot 3 car. A lot of the national builders build 28 foot 3 cars so we definitely feel there’s adequate space on all these lots and they do vary a little bit and we’ll bring in some different architecture if we, on the different type of lots that are there. There’s some longer ones up front there that will be real nice homes. We’ll be able to show a lot of house on those instead of garage, which a lot of folks don’t like as much garage to see so. You know as far as you know Chanhassen is concerned, the neighbors are definitely in favor of this. It really more was a twinhome site but with the lack of single family lots we feel this would be a great time for this project to move forward. Any questions? Mayor Furlong: Questions for Mr. Knoblauch? No. Thank you. 31 Chanhassen City Council – August 12, 2013 John Knoblauch: Yep. Mayor Furlong: Comments or questions for staff? Okay, let’s bring it to council for discussion. Thoughts and comments. Mr. Laufenburger. Councilman Laufenburger: Yeah, no questions but I just, my observations are that staff and Mr. Knoblauch have worked very hard to prepare this property for what I think will be a very, very good addition for homes and I just think it’s going to be wonderful. I’m assuming Mr. Oehme that that cul-de- sac is going to have a large enough range so that you could turn around an emergency vehicle or anything like that. Paul Oehme: That’s correct. It will be our standard cul-de-sac diameter. Councilman Laufenburger: Yeah, I think it’s just going to be wonderful and certainly the noise wall will be necessary. I was going to ask Mr. Knoblauch, is that berm, is the berm, is it cyclone fence across the top of the berm right now? John Knoblauch: There’s just a regular 6 foot chain link. Councilman Laufenburger: Chain link fence, okay. John Knoblauch: It’s now a black chain link that I think was provided originally by MnDOT. Councilman Laufenburger: And you would replace that with a noise wall, is that correct? John Knoblauch: Yeah, that’s correct. Varies from. Mayor Furlong: Mr. Knoblauch, if you could come up to the microphone for people watching at home. John Knoblauch: Yeah, the noise wall, the plan that’s proposed right now varies on the west berm it’s 8 foot tall which puts the height of it at 926 elevation and right at this point it actually goes up 2 feet from the 7 foot off the townhome wall and you know the nice thing about that is right now the homes, if they don’t get any higher, that’s why we don’t, I don’t want the homes to get too high because right now on the first I think 8 lots, if they were two story style homes the upper windows wouldn’t be able to see over the wall and that’d be a nice feature for those folks. And this will be a huge help for the townhomes that get a little bit of noise from, coming from the east to the west. I think that’s where there’s going to be a huge benefit. We’re also closing up, a lot of people call it the hole but we’re closing up the hole with about a 20 foot wall between the two berms and that’s where we seem to get a lot of noise kind of shooting through there. We think that’s going to be a huge benefit. You know as far as to the east, the trail’s really going to be a big plus for a lot of the folks. You know I can see some folks making a nice loop off that trail, looping back around. I think Todd would refer to that more later but the Mission Hills folks will have a really nice, about a mile loop to make to get, from their homes to go around. I think it’s going to be a huge benefit for everybody involved over there. Councilman Laufenburger: Well let me just continue. Thank you Mr. Knoblauch. My observations are that you’ve done a good job to prepare this and thought of everything and looks like the adjustments that you’ve made have been very accommodating so I think this is a good project. Look forward to it. John Knoblauch: Thank you. 32 Chanhassen City Council – August 12, 2013 Mayor Furlong: Good. Thank you. Any other comments? Ms. Aanenson, if I could follow up, or Mr. Oehme. One of the two. One of the comments that Mr. Knoblauch made, and I forgot to ask questions when I asked if there were any questions and that relates to the plantings that he wanted to do on the, I guess north side of the wall. Is that strictly a MnDOT? Kate Aanenson: Yes. We worked, if you go, the one on Lakeside that was also adjacent to, we actually changed our PUD standards on that because we had a greater setback and we said why are we setting this so back, far back from the wall if they landscape it so we were able to work with that. It really comes down to, they want the City in the first position. We don’t necessarily want to be in the first position on some of that responsibility so it’s just something. Mayor Furlong: First position with regards to? Kate Aanenson: They would transfer the ownership to the City to maintain that and we would want to transfer it to the HOA so those are some of the concerns we just need to work through. Mayor Furlong: So it’s the maintenance of the landscaping? Kate Aanenson: Yes. Mayor Furlong: Okay. So if I understand, MnDOT’s willing to allow it if the City takes responsibility for it? Paul Oehme: I have not had that conversation with MnDOT but I’m assuming that’s what they’ve said in the past. Typically they don’t like to enter into agreements with third parties, developers, HOA’s. They like to deal with the cities directly so we can make calls to MnDOT and see if they’d be willing to work with us on additional plantings out there. Kate Aanenson: Yeah we’ll work, similar to what we did on the other one. We’ll see where it goes. Mayor Furlong: Thank you. Sorry for that interruption. Comments from the council. Other comments? No, Mr. Laufenburger I think said it well and recognized the hard work on both the part of Mr. Knoblauch and the staff. I know this has been many meetings and many people have been involved trying to do what’s best for this site and this looks like a very good result from that and so I think for all the reasons that were stated tonight and considered the last time this came forward through the Planning Commission and council, I think it’s a good project and deserves our support. If there are no other comments, would somebody be interested in making a motion? Mr. Laufenburger. Councilman Laufenburger: Thank you Mr. Mayor. Mr. Mayor I move that the Chanhassen City Council approves the Land Use Map Amendment from Residential Low Density to Residential Low and Medium Density, rezoning from Single Family Residential (RSF) and Mixed Low Density Residential (R-4) to Planned Unit Development-Residential (PUD-R), subdivision of the 13.22 acres into 16 lots and 2 outlots with variances, site plan review and wetland alteration permit subject to the conditions of the staff report and adoption of the attached Findings of Fact. Mayor Furlong: Thank you. Oh, Mr. Gerhardt? Todd Gerhardt: Just one modification to that. Instead of subdivision can you replace that with Preliminary Plat? Councilman Laufenburger: So moved. 33 Chanhassen City Council – August 12, 2013 Mayor Furlong: So replace? Todd Gerhardt: Subdivision of 13.22 acres. Mayor Furlong: It would be. Todd Gerhardt: Preliminary Plat of 13.22 acres. Mayor Furlong: Okay, thank you. The motion’s been made with a substitution or the alternate language suggested by Mr. Gerhardt. Is there a second? Councilwoman Ernst: Second. Mayor Furlong: Thank you. Motion’s been made and seconded. Any discussion? Seeing none we’ll proceed with the vote. Resolution #2013-40: Councilman Laufenburger moved, Councilwoman Ernst seconded that the the land use map amendment from Residential – Low Density to City Council approve Residential – Low and Medium Density with the following condition, and adoption of the attached Findings of Fact and Recommendation: 1.Approval of the Land Use Amendment is subject to Metropolitan Council determination of consistency with system plan. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Councilman Laufenburger moved, Councilwoman Ernst seconded that the City Council approve the rezoning from Residential – Low Density (R4) and Mixed Low Density Residential (R4) to Planned Unit Development – Residential (PUD-R) with the following condition; and adoption of the attached Findings of Fact and Recommendation and attached ordinance rezoning the property. 1.Approval of the Rezoning is contingent upon approval of the final plat and execution of the development contract. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Councilman Laufenburger moved, Councilwoman Ernst seconded that the City Council approve the preliminary plat to subdivide 13.22 acres into 16 lots and 2 outlots as shown in plans dated received August 5, 2013with the following conditions, and adoption of the attached Findings of Fact and Recommendation: 1. All lots must comply with the following table: 34 Chanhassen City Council – August 12, 2013 COMPLIANCE TABLE Maximum Area Width Depth Hardcover Notes (square feet) (feet) (feet) (square feet) 60 at PUD 10,000 building 100 30 percent setback L1 B1 10,085 126 122 3,025 Wetland L2 B1 10,001 90 108 3,000 Wetland L3 B1 11,324 148 109 3,397 Wetland L4 B1 10,281 76 143 3,084 Wetland L5 B1 10,103 70 146 3,031 L6 B1 10,301 63 134 3,090 L7 B1 10,017 62 128 3,005 L8 B1 10,000 62 124 3,000 Wetland L9 B1 10,187 62 129 3,056 Wetland L10 B1 10,024 63 123 3,007 Wetland L11 B1 65 (building Wetland 12,083 116 3,625 setback) L12 B1 65 (building Wetland 10,017 118 3,005 setback) L1 B2 108 Wetland, * area of neck 14,085* (building 132 4,225 (4,961 sq. ft.) excluded setback) from lot area calculations L2 B2 10,781 85 106 3,234 Corner lot L3 B2 10,000 106 127 3,000 L4 B2 10,003 91 148 3,001 Outlot A 6.47 acres open 282,031 space/wetlands Outlot B 1.09 acres open 47,560 space/wetlands ROW 72,309 1.66 acres TOTAL 576,299 13.23 acres Wetland setback: 20 ft. buffer, 30 ft. principal structure, 15 ft. accessory structure. Front: 25 ft. Rear: 30 ft., accessory structure 15 ft. Side: 10 ft. house, 5 ft. garage 35 Chanhassen City Council – August 12, 2013 2.All relocated trees shall be warranted for two seasons and replaced by developer if dead or dying within that time period. 3.Advanced warning and speed advisory signs are required where the design speed is less than 30 mph. 4.The site plan and HydroCAD model must be revised to address the following comments: a.Peak discharge rates are proposed to increase at the following locations: i.Runoff leaving the overall site for the snowmelt events. ii.Runoff leaving the western portion of Wetland A for the 2, 10 and 100 year design events. iii.Runoff leaving the site to the north of the eastern portion of Wetland A for the snowmelt event. iv.Runoff leaving the site to the north of the western portion of Wetland A for all events. b.The drainage areas and/or curve number in the HydroCAD model must correspond to the Drainage Area and Curve Number Table. c.Directly connected impervious areas must be modeled separately rather than included in the composite Curve Number computation. d.The applicant must provide calculations (or submit a model) demonstrating that the city’s requirements for water quality are satisfied. i.If the event-based NURP standard cannot be achieved by dead pool storage, then (P8 or other) calculations should be based on equivalent annual removal efficiencies. ii.If an iron-enhanced filtration system is included in the design, calculations should be provided demonstrating the water quality treatment benefits of the BMP. Detailed plans of the system should be submitted for review with the calculations. iii.The report notes that the east pond is able to remove 87.8% of the phosphorus load. This removal efficiency appears excessively high. It is anticipated that there is either an error with the model inputs or the calculation was performed for a particular rainfall event rather than annualized removal efficiency. 5.The developer shall obtain off-site easements over the existing swale and 18” culvert. 6.The developer agreed to replace the 18” culvert north of the site with a new pipe that provides the same capacity. 36 Chanhassen City Council – August 12, 2013 7.The HydroCAD model must be revised so that the impervious surface of the lots is 30%. 8.If groundwater is encountered during site construction the lowest floor elevations must be adjusted so that there is a minimum three-foot separation. 9.The grading plan must be revised to address the following comments: a.The developer must obtain a MnDOT permit for the proposed grading within the MnDOT right-of-way. b.It is difficult to discern between the proposed contours, lot lines and setback lines. The developer’s engineer is requested to change the drawing line weights. 10.Some homes may choose to install a privately-owned and maintained booster to provide a higher water pressure. 11.The watermain shall be 8-inch PVC (C-900). s 12.Prior to final submittal the developer must obtain allnecessary easement to install the sanitary sewer off-site, to the north. 13.A portion of the trunk sewer and water hookup fees must be paid in cash with the final plat in the rate in effect at that time. 14.The proposed location of the catch basin on the east side of the cul de sac must be shifted so that it will not conflict with the pedestrian ramp to the trail between Lots 11 and 12, Block 1. 15.Street and utility plan and profile construction plans must be submitted with the final plat. 16.Outfalls into the easterly pond must be minimized to the greatest extent practicable. 17.Plan shall show proposed pond maintenance access and landscaping must not interfere with pond maintenance access. 18.The applicant must apply for and receive an NPDES permit from the Minnesota Pollution Control Agency and provide evidence to the city prior to grading the site. 19.The Surface Water Pollution Prevention Plan (SWPPP) must be prepared as a standalone document and submitted to engineering for review and comment prior to final plat approval. This SWPPP shall include a narrative, plan set and applicable details. 20.The SWPPP must include the required elements as listed in Part III of the National Pollution Discharge Elimination System General Permit Authorization to Discharge Stormwater Associated with Construction Activity (NPDES Construction Permit) and in the MPCA SWPPP checklist. 21.A detailed erosion prevention and sediment control plan must be submitted for review and approval per the requirements of Section 19-145 of Chanhassen City Code and the NPDES 37 Chanhassen City Council – August 12, 2013 Construction Permit. This should include, among the other listed requirements, all temporary and permanent best management practices. 22.There is significant evidence of gully erosion at both off-site discharge locations. Rates must be reduced below existing discharge rates or efforts must be taken to stabilize these discharge points to prevent further channel incision and head cutting. 23.Wetland buffers are required around all wetlands on site. Extend buffer around wetland E. 24.Wetland buffer must be extended through all disturbed areas. A detailed vegetation management plan must be developed showing how these areas will be permanently stabilized. 25.A vegetation establishment and management plan must be developed and submitted for review for all areas preserved as open space including those areas graded for the construction of stormwater management practices and the installation of utilities that are above the normal water level prior to final plat approval. 26.Minnesota Department of Transportation right-of-way is outside of the City of Chanhassen’s WCA jurisdiction as MnDOT is their own LGU. Chanhassen’s review of wetland boundaries ended at the property limits. The applicant must get all appropriate approvals from MnDOT for work on the sound wall. 27.The development must comply with the MN Rules Chapter 6120 and the DNR must issue their concurrence to this effect. 28.Estimated Surface Water Management Connection charges due at the time of final plat are $69,983.50. Provide area of wetland buffer and preservation/volume reduction area after development to accurately calculate credit. 29.Fifty-percent (50%) of park fees shall be collected in consideration for the dedication of Outlots A and B. The park fees shall be collected in full at the rate in force upon final plat submission and approval. At today’s rate these fees would total $46,400 (16 lots X $5,800 per lot/2). 30.Wetland nomenclature on plan set shall be amended to correspond with HydroCAD drainage report and wetland replacement application. 31.The land owner and the selected contractor must provide a Landowner Statement and Contractor Responsibility for Work in Wetlands or Public Waters form to the City prior to working on the road crossing into the site. This form is available on the Board of Soil and Water Resources website. 32.A detailed planting schedule and maintenance plan must be provided for the preservation/volume reduction area. 33.Preservation/volume reduction area shall be protected from construction traffic, material stockpiling and other construction related activities during site development. These protection measures shall be shown in plans. 38 Chanhassen City Council – August 12, 2013 34.Signs shall be placed along the preservation/volume reduction area to protect the area from encroachment after build out. 35.Seeded areas within the outlots shall be established and managed according to guidelines and policies developed by the Minnesota Board of Soil and Water Resources as are available on their website. 36.Construction of the 8-foot wide neighborhood trail connection from the public street to the southeast corner of the property. 37.The applicant shall comply with all MnDOT requirements for any work within their right-of- way, i.e. noise wall, landscaping, etc. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Councilman Laufenburger moved, Councilwoman Ernst seconded that the City Council approve the Variances to allow a reduced setback from Highway 212 and a cul-de-sac that exceeds 800 feet in length as shown in plans dated received August 5, 2013 with the following conditions and adoption of the attached Findings of Fact and Recommendation: 1.Approval of the variances is contingent upon approval of the Land Use Plan Amendment, Subdivision, Site Plan Review, Rezoning and Wetland Alteration Permit. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Councilman Laufenburger moved, Councilwoman Ernst seconded that the City Council approve the site plan for a medium density development as shown in plans dated received August 5, 2013 with the following conditions and adoption of the attached Findings of Fact and Recommendation: 1.Approval of the Land Use Amendment subject the Metropolitan Council determination of consistency with system plan. 2.Adoption of the Chanhassen PUD Ordinance, which shall be created to govern the site and design standards. 3.Execution of the Site Plan Permit. 4.Approval of the final plat and execution of the development contract. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Councilman Laufenburger moved, Councilwoman Ernst seconded that the City Council approve the wetland alteration permit as shown in plans dated received August 5, 2013 with the following conditions and adoption of the attached Findings of Fact and Recommendation: 39 Chanhassen City Council – August 12, 2013 1.Wetland buffers are required around all wetlands on site. 2.A plan should be provided showing the location of all wetland buffer signs. These signs shall be placed concurrent to the installation of erosion prevention and sediment control BMPs except when grading is proposed at a buffer monument location. 3.The plan must meet the sequencing requirements of the Minnesota Wetland Conservation Act. This can be accomplished by locating the sidewalk to the north side of the proposed road and extending the regional connection between lots 11 and 12 of Block 1. 4.A completed Application for Withdrawal of Wetland Credits Form shall be provided with the Minnesota Local/State/Federal Application for Water/Wetland Projects as well as a signed and executed purchase agreement between the applicant and the bank holder. 5.Wetland nomenclature on plan set shall be amended to correspond with HydroCAD drainage report and wetland replacement application. 6. Approval of the Wetland Alteration Permit is contingent upon approval of the Land Use Plan Amendment, variances, Rezoning, Site Plan Review, Final Plat, and execution of the Development Contract. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Furlong: Thank you very much everyone. Appreciate your continued hard work. Let’s move now to the next item on our agenda. RICE MARSH LAKE TRAIL IMPROVEMENTS: CONSIDER AWARD OF BID. Todd Hoffman: Thank you Mayor, members of the council. Tonight we bring you good news on two separate park projects. The first being the Rice Marsh Lake trail. The photo we see there is the current connection point within the city of Eden Prairie. This is a bridge right down at Highway 212 within the city of Eden Prairie and this was the last segment that they completed two summers ago. Mayor Furlong: Is that a back of a sign that says. Todd Hoffman: Trail to be continued in the future. Mayor Furlong: Thank you. Todd Hoffman: And the immediate segment coming directly at us will be another Eden Prairie segment of trail which they are currently under contract with, with another contractor and so both the City of Eden Prairie and the City of Chanhassen will be working simultaneously to complete these final segments of the Rice Marsh Lake trail, which when complete will be a 3 mile trail loop around Rice Marsh and will really just be one of the nicest trail experiences in the southwest metro, if not in the metropolitan area in it’s entirety and so we’re very happy about the bid award. So the City of Chanhassen project is to construct 4,200 feet of pedestrian trail and it starts at our current terminus point near Mission Hills Drive. And so we have a trail at this 40 Chanhassen City Council – August 12, 2013 location that would head north to the St. Hubert’s church facility and then comes out onto Mission Hills Drive in a neighborhood access point. This will be the primary construction access. We have had a couple of meetings with those property owners. They’re working with the City on the project. They understand they need to come through there for construction and we will be putting up a temporary construction fence to provide safety at that location for the access of those trucks. Then we continue to the east towards Eden Prairie along the back side of Tigua Lane. This is a sewer line alignment and it heads east to the MnDOT property. The first of two MnDOT properties and so this section of trail will lie within an easement, a pedestrian trail easement at the back side of these homes and we have notified those properties that the trail is finally coming. Those trail easements have been in place since 1980. Once you cross off of the residential lots you’re into MnDOT, this is excess right-of-way as a part of the 212 project and so when Highway 212 was constructed these properties between the 212 corridor, highway corridor and Rice Marsh Lake was acquired as excess right-of-way and the City Council and MnDOT have signed, the Chanhassen City Council and MnDOT have signed a Limited Use Permit to allow that trail to provide pedestrian access through those properties. And then we conclude with our connection point at the City of Eden Prairie. We were out there the other day and we found their stake in line with our stake so that’s good. We’re ready to put the same touch down point. And then the project we were discussing just previous to this, this is the neighborhood trail connection that will come back to the Preserve at Rice Lake and so this is how that neighborhood will make their connection through this trail alignment. And then the loop that Mr. Knoblauch was talking about, there’s many loops on the Rice Marsh Lake trail but this loop would be a neighborhood loop where you could walk through and then come back around through the neighborhoods up in this direction. Mayor Furlong: And Mr. Hoffman, while you have that there, what portion of the, whoops. Todd Hoffman: Excuse me. Mayor Furlong: Oh that’s alright. What portion of the trail and that section that goes down to the Preserve development that was just approved is included in this? Todd Hoffman: It builds it just to the opposite side of the property line. It’s actually down here so it builds it just onto that property and then they build back to match our’s. Mayor Furlong: And then they take it from that point. Todd Hoffman: From the cul-de-sac. Mayor Furlong: From the terminus point to the cul-de-sac. Todd Hoffman: Correct. Mayor Furlong: Thank you. Todd Hoffman: Bids were opened two weeks ago and we have an engineer’s estimate of $271,967 and Barber Construction was our low at $194,000. Jerry Barber will be on the project. 41 Chanhassen City Council – August 12, 2013 He’s the owner of Barber Construction. They’re very happy to have the work. You can see the bids were competitive. We had 3 under the engineer’s estimate and they’re prepared and ready to go to work once we sign this contract with them. It’s the recommendation that the City Council accepts the bids and awards the contract to Barber Construction Inc. in the amount of $194,034 for the Rice Marsh Lake pedestrian trail improvements and I’ll be happy to answer any questions that the council has. Mayor Furlong: Thank you. Questions for Mr. Hoffman. Mr. McDonald. Councilman McDonald: The trail where Eden Prairie and Chanhassen meet up, is that also a trail under 212 at that point? Is that currently in place or would that be built? Todd Hoffman: It’s in place all the way down to Lake Riley Boulevard. Councilman McDonald: That’d be quite the experience then. Todd Hoffman: It’s going to be gorgeous, yeah. Mayor Furlong: And does that underpass under 212, does that connect then with the development just to the east of North Bay in Chanhassen? Todd Hoffman: Correct. Mayor Furlong: That comes along the west side of Bearpath and east side of city lots. Todd Hoffman: Yep. The lake side, there’s a neighborhood catch on the lake side that is currently not in place but it will be put in place with the next section of buildings there. Mayor Furlong: Okay. Okay. So that will be part of that connection then for those neighbors as well. And ultimately down to Bandimere Park access. Todd Hoffman: Absolutely. And that underpass bridge, it’s a bridge so Riley Creek flows through that bridge and then this trail access is right next to Riley Creek. It’s a very nice experience and the people that are discovering it, you have to go around the Eden Prairie way now. You can’t come through Chanhassen but they’re pretty excited to make this final connection. It’s not quite a mile long. It’s close. The last piece and people are already taking it by foot so there’s a beaten trail on top of what we’re going to be building so they’re getting pretty explorative. Mayor Furlong: Other questions for Mr. Hoffman? Todd Gerhardt: It’s a huge quality of life for those people south of Highway 5. Mayor Furlong: If that’s important to somebody, that would be nice to know. Mr. Laufenburger? 42 Chanhassen City Council – August 12, 2013 Councilman Laufenburger: You know historian that I am I can, I just can’t help but think of May 10, 1869 at Promontory Summit in Utah where the golden spike was set in place and you talked about the stake that Eden Prairie had and the skate that Chanhassen. My only question is, I hope you make a big deal out of joining this golden stake or whatever it might be. Todd Hoffman: We hope to have both mayors and councils out to a dedication ceremony. Councilman Laufenburger: Alright. Nice job Mr. Hoffman. Mayor Furlong: And if they can get the golden spike in on the intercontinental railroad, let’s hope we can connect two trails. Todd Hoffman: There was yellow paint. No gold. I found some yellow paint. Mayor Furlong: On a serious note, have you worked with Barber Construction before and what has been, has the work been acceptable? Todd Hoffman: The City has worked with Barber Construction before and they have completed many trail projects in their history. They’re located right here in St. Bonifacius. We just got very competitive pricing because this contractor and the contractor we’ll talk about in the next project, K.A. Witt, just happened to have the timing where they wanted these projects and obviously as you can see they bid them very competitively and they’re ready to go to work because it fits in their schedule and so they’re ready to go to work. Mayor Furlong: Perfect. Todd Hoffman: They’ve done good, they’ve done projects. The last one, Barber Construction built the trail out under the power lines in Chanhassen, in the Highover Addition so they’ve been in town before. Mayor Furlong: Great, thank you. Any other questions for staff? If not would somebody like to make a motion for council to consider. Councilwoman Ernst. I recognized Councilwoman Ernst first so please. Councilwoman Ernst: I make a motion the City Council accepts the bids and awards the contract to Barber Construction Incorporated in the amount of $194,034 for the Rice Marsh Lake pedestrian trail improvements. Mayor Furlong: Thank you. Is there a second? Councilman McDonald: I’ll second. Mayor Furlong: Thank you. Motion’s been made and seconded. Is there any discussion? Hearing none we’ll proceed with the vote. 43 Chanhassen City Council – August 12, 2013 that the City Council accepts the Councilwoman Ernst moved, Councilman McDonald seconded bids and awards the contract to Barber Construction Inc. in the amount of $194,034 for the Rice Marsh Lake pedestrian trail improvements. All voted in favor and the motion carried unanimously with a vote of 5 to 0. PIONEER PASS PARK IMPROVEMENTS, 9630 BLUFF CREEK DRIVE: CONSIDER AWARD OF BID. Todd Hoffman: Thank you Mayor, members of the council. On the same day, just an hour apart we opened bids for Pioneer Pass Park and it’s Phase I improvements. So this is the approved park plan for Pioneer Pass Park. As that neighborhood continues to fill out and then you have Liberty at Bluff Creek to the east. We’re receiving many calls. We are planning, if approved tonight, we’ll put a press release out so we can get some coverage. They’re starting to see a little bit of activity in this park and they would like to see it completed so we’re pleased to bring this project to you. When complete that’s what the park will look like. It’s 8.7 acres and it’s a very nice neighborhood park site with good visibility from Bluff Creek Boulevard into the park area and it will serve about 400 or 500 homes when we’re all said and done. Phase I construction includes erosion control, grading, construction of the ballfields, basketball court, trails and parking lot, a pedestrian crosswalk improvement, stormwater, landscaping improvements and seeding. So basically we want to get the base level improvements in this year. Get it seeded down. You really don’t want to open a park prior to having a good turf establishment in place and so that’s what we want to do. Get those base level improvements in. Plant it in the grass and get it growing for next year. Bids were received. K.A. Witt Construction was the low bidder. The alternate is the pedestrian crossing to get back over to Pioneer Pass and so we wanted to include that at that price and so we have a total base bid of, and alternate of $191,329. The engineer’s estimate on this project was $229,000 so again we’re well under that. And then the project budget on this for the entirety of the project including the future improvements we’ll talk about in the next slide is $350,000 so we have adequate dollars to finance those future improvements. So in 2014, next year we’ll mobilize volunteers from the neighborhood and then city crews and we’ll complete the work. We’ll install two playgrounds. One toddler for ages 2 through 5 and then a 5 through 12 playground. Concrete playground borders, a picnic shelter, and the concrete base for that, picnic tables, the ballfield backstop and basketball hoops. The purpose of those items will be accomplished utilizing what’s left which is approximately at this time $158,000 after we finish this phase of construction that we’re talking about this evening. With that, that’s recommended that the council accept the bid and award the contract for Pioneer Pass Park improvements located at 9630 Bluff Creek Drive to K.A. Witt in the amount of $191,329.85 for the base bid and the alternate. Mayor Furlong: Thank you. Questions for Mr. Hoffman. How’s the re-grading that was done? Is it acceptable what was done there? Todd Hoffman: It is acceptable and. Mayor Furlong: And the corrections that were made. Todd Hoffman: It’s growing a very good stand of vegetation which is what we wanted to see. For those who don’t recall, there was some extra dirt placed on this property. They had to re-grade it. Take it back off and then add some black topsoil and so we worked approximately 18 months on that process and now we have 6 inches of imported topsoil but it’s there and it’s growing good vegetation so we’re happy to report that that is in place. Mayor Furlong: Okay. Mr. McDonald. 44 Chanhassen City Council – August 12, 2013 Councilman McDonald: Can you go back to the park drawing that shows all the things and everything? Okay. The ballfield that’s going to be there. Is that going to be fenced in eventually and will that be used by Little League or is that more like a neighborhood ballpark? Todd Hoffman: It will not be fenced but it likely will be scheduled for some practices. Not necessarily games. It’s a large enough facility, similar to a North Lotus Lake Park or Roundhouse Park. A little bit more regional in nature so we have added those 24 stalls. We know that coaches are going to find their way there for neighborhood practices and we’ll be accommodating those but it will not be scheduled as a game facility. Councilman McDonald: Okay. And then to the east, the property there, could you add another ball park in that area at some point too or does the topography support that? Todd Hoffman: Yeah, big hill. Yep. Mayor Furlong: Where’s that? Councilman McDonald: To the east where the stand of trees are at and everything. Todd Hoffman: Yeah. Mayor Furlong: Down in there? Todd Hoffman: No, it’s all wooded. So this is the maximum development of this site that could be accommodated. There’s a steep hill at this location just outside this ballfield. Councilman McDonald: Okay. Todd Hoffman: And this field will accommodate up to about 10 to 12 year olds. Other than that you’re going to be hitting over the top of the hill. And then this is a pretty good sized field which will accommodate both soccer and lacrosse practice. Councilman McDonald: Okay. Good. Mayor Furlong: On the, basically past the outfield, past the trail by the ball park there on that steep grade. This is showing tree plantings. Will that, will those trees be planted or will it be retained as a sliding hill? Todd Hoffman: Those will be planted to prevent sliding. It’s just not going to be a safe condition. This bluff got, this slope got pushed out and so this got steeper than we had hoped and there’s just no run out until the hit the forest down at the bottom. Sliding can be accommodated over in this area but we actually want to re-vegetate that to prevent children and adults from sliding down and hitting those trees. Mayor Furlong: So they’ll hit the trees sooner in the sliding process? Todd Hoffman: Hopefully they don’t even get started. Mayor Furlong: Okay. So is, I guess then the question is, is there any other use for that space other than to simply just planting trees? 45 Chanhassen City Council – August 12, 2013 Todd Hoffman: No. Our greatest concern is just to maintain that slope and it’s integrity. It’s fairly steep and we just don’t want it to, part of the project includes stormwater which will be catching storm water before it goes down the hill and then directing it over to this pond so it’ll be taking storm water off the parking lot, this ballfield. Out of this ditch line and bringing it over to this pond by pipe and so we can stop some erosion issues that are ongoing in this location. Kate Aanenson: I was just going to add, it’s kind of hard to see on this drawing but this is part of, when you get to the bottom part of that park it’s the continuation of the remnant from the 212 right-of-way which we have some different land uses so actually it provides a nice transition buffer between, for those homes in Liberty and then also for the Pioneer Pass neighborhood so that also has, I think we put down there either some medium density or office down there. That’s kind of that long strip right along that old 212 interchange there too so. Todd Hoffman: This little wooded knoll here. This is actually a tributary to Bluff Creek which is located right down here so this needs to be preserved. Kate Aanenson: Yeah. Mayor Furlong: Okay. Other questions? Councilwoman Ernst. Councilwoman Ernst: Todd can you explain the alternate total and what that means? What was the alternate total in the bid? Todd Hoffman: So the $6,100 is for pedestrian improvements. If we go back right at this intersection and so there wasn’t a pedestrian crossing at this location so that’s building this pedestrian crossing, the curb cuts. Truncated domes. Ped ramps and the striping and the signage to allow for the neighbors to get across in a designated pedestrian crossing at that location. Councilwoman Ernst: Okay, thank you. Mayor Furlong: Okay. And again have we had K.A. Witt Construction construct, do this type of work in the city before? Todd Hoffman: They have. They’re a smaller firm down south. What town are they in, do you remember Paul? Paul Oehme: New Prague. Todd Hoffman: New Prague, thank you. Out of New Prague and so they met us on site and again they’re very happy and eager to get going with the project. They have some technologically advanced equipment. Once they get the plans and punch them into their computers, that’s why they can be so efficient on their machinery. It will really grade in a nice fashion and so they’re willing to get working th here on the 26 of August if approved by the City Council. Mayor Furlong: And when do we expect these Phase I improvements to be completed then? Todd Hoffman: Substantial completion by mid to late October and then final completion in the spring by the contract. Mayor Furlong: Okay. And then the second phase you said was going to be next summer sometime? 46 Chanhassen City Council – August 12, 2013 Todd Hoffman: Next summer. Mayor Furlong: Expect it, okay. Todd Hoffman: And we’ll enroll the services of both these neighborhoods to build their playgrounds. We’ll wait until the grass is green and growing sometime probably in June and then once those playgrounds are in and installed we’ll open up the park likely in July of next year. Mayor Furlong: Okay. Thank you. Any other questions for staff? If not, would somebody like to make a motion? Councilman McDonald. Councilman McDonald: I recommend that the City Council accepts the bids and awards the contract for Pioneer Pass Park improvements located at 9630 Bluff Creek Drive to K.A. Witt Construction in the amount of $191,329.85 for the base bid and alternate. Mayor Furlong: Thank you. Is there a second? Councilwoman Tjornhom: Second. Mayor Furlong: Motion’s been made and seconded. Is there any discussion? Seeing none we’ll proceed with the vote. Councilman McDonald moved, Councilwoman Tjornhom seconded that the City Council accepts the bids and awards the contract for Pioneer Pass Park improvements located at 9630 Bluff Creek Drive to K.A. Witt Construction in the amount of $191,329.85 for the base bid and alternate. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Furlong: Thank you Mr. Hoffman. Todd Hoffman: Thank you. Mayor Furlong: Good work. That completes our items of business this evening. COUNCIL PRESENTATIONS. Mayor Furlong: Councilwoman Tjornhom. Councilwoman Tjornhom: I have one. Mayor Furlong: Okay. Councilwoman Tjornhom: I would like to thank the Arboretum in Chanhassen for opening up their gates to us. It was a wonderful day. I remember when we discussed it, you had promised that the weather would be perfect and it was and so. Mayor Furlong: Don’t hesitate so long next time… Councilwoman Tjornhom: And it was just, it was fun to see everybody show up and have the parking lot full and just see the joy on people’s faces really just appreciating what we have. Like I said, I said that earlier. We have so many amenities here in town that you know it’s, we’ve very lucky to have the 47 Chanhassen City Council – August 12, 2013 Arboretum as one of those amenities also with the great things they do for education and just getting out to drive that 3 mile trail is really a great thing for us so thank you Mayor for letting me be you. Mayor Furlong: Absolutely. Thank you for being there. Councilwoman Tjornhom: And it’s perfect timing just talking about trails. You know I have discussed the fact that we have our new trail connection up at Minnewashta Parkway and I got cheers and then also you know talking about our next goal for Highway 5 and once again people are very enthusiastic. We love our trails here in Chanhassen and so we’re very lucky so thank you. And thank you to the Arboretum. Mayor Furlong: Thank you. To the Arboretum and thank you for standing in for me. I appreciate that. Other council presentations. Mr. Laufenburger, how did the Red Bird season? Councilman Laufenburger: Just a small one Mr. Mayor. Thank you very much. Mayor Furlong: Sorry it’s over. Councilman Laufenburger: The Chanhassen Red Bird’s season is over. We are sorry. You know I can hear humming of taps in the background here a little bit. No, it was a good year for the Red Birds. We, I would say clearly one of the highlights had to be the game in which our own City Manager Todd Gerhardt threw out the first pitch and he brought home a victory over our neighbor to the south, the people who will be taking the sewage from Bluff Creek Cottages. Mayor Furlong: It flows downhill. Councilman Laufenburger: Exactly. No it was a good season and of course as is our goal, the Red Birds organization’s goal every year is to do things to enhance the element of the Red Birds in the community and we had a couple of really, really good things happen this year. We did Beyond the Yellow Ribbon, or th we had the July 4 game in conjunction with Beyond the Yellow Ribbon, which was wonderful. And then we also had a great turnout for Little League Night and Scouting Night. We had over 250 people there and most of them were kids and it’s just another example of what we do to make this community really feel like a community and town ball is part of the community. Thank you for accommodating my passion of baseball Mr. Mayor. Mayor Furlong: No it’s easy to accommodate and thank you for what you and all those associated with the Red Birds organization have done these last several years. Councilman Laufenburger: I’ll pass that along. Mayor Furlong: To really make the Red Birds part of our town so thank you. Councilman Laufenburger: Good, thanks. Todd Gerhardt: Yeah, I’ve got to give kudos to that whole group. I mean the time and effort that they put in to organize that and the events and contacting everybody, that’s huge so Denny and being the voice, thank you for volunteering. I guess there isn’t a big paycheck coming every week or two weeks on that but it does. You know the quality of life around here and the competition between Victoria and Chaska, you know that’s special and whenever we can bring shredded potatoes from Chaska to Chanhassen, that’s super. 48 Chanhassen City Council – August 12, 2013 Councilman Laufenburger: I did want to highlight one other thing. The last regular season home game th was a reschedule of the game, originally scheduled for June 9 which was the day that the Lake Ann pavilion was dedicated in Al Klingelhutz’ honor and the stands were filled with Klingelhutz’s and that’s always good for concessions for a beer or two. I hope none of them are watching right now but it was wonderful to see Mary Jane just excited to throw that first pitch surrounded by her grandchildren and she threw, well she threw a good pitch Mayor. Mayor Furlong: Look at the time. Todd Gerhardt: And it’s so nice to have a mayor not try to show up the other mayor. Make them feel good. Mayor Furlong: Look at the time. Thank you. Other comments. Mr. McDonald, you wanted to say something? Councilman McDonald: Well I was going to just pile on, on top of the Red Birds thing but I think everything has been said has been said but yeah Denny, just tell the organization thanks because yeah, it makes summers here a little bit more fun so thanks. Mayor Furlong: And the sponsors as well, absolutely. Councilman McDonald: I didn’t want to brag. Mayor Furlong: Thank you. Other council presentations. Okay, thank you. ADMINISTRATIVE PRESENTATIONS. Todd Gerhardt: I just want to thank Bethany for stepping in with the Mayor at the Arboretum. She did a fantastic job and Gayle Degler was also there and spoke and just a beautiful day. You know thank you for doing that. It does make this community special and people appreciate it. They come up and tell me that and sometimes they don’t make it out there and they forget about it and when we have that day it reminds them to get out there and enjoy it so. I’d also like to thank my department heads for participating in National Night Out. Just a great opportunity for the city to get out onto the residents property and meet them on their turf and ask them what’s working and what’s not working in the community and got a lot of good feedback from residents and some pedestrian crossings. Some grading and drainage issues so the group I was with also got to wear the DWI goggles and that was fun watching people kind of stumble around and, but we didn’t tas anybody so I guess they had a taser too but just a fun night until the hail came and I was responsible for hail and any bad weather. It falls onto my plate so. Councilwoman Tjornhom: And I think you should tell the Mayor where you were sitting also because I thought it was very fitting. Todd Gerhardt: Yes. Councilwoman Tjornhom: Yes, he was in the back of the squad car. Mayor Furlong: Back of the squad car. Todd Gerhardt: Back of the squad car. Laurie was back there most the time but timing is everything and when we pulled up with Councilwoman Tjornhom and Councilman McDonald caught me in the back seat so taking pictures and having a good old time. 49 Chanhassen City Council – August 12, 2013 Councilman McDonald: You looked as though you belonged there all the time. Todd Gerhardt: Well it was nice they took the cuffs off at least. Todd Hoffman: We had a citizen call concerned about the City Manager… Todd Gerhardt: Yeah, but it was a good event. We had over 50 neighborhoods participate and also a big thank you to the posse. They make it special for a lot of the kids to see them ride around on their horses th and so you know we really appreciate their efforts in the 4 of July and National Night Out are the two events that they really participate in and they have fun also so I think we had over 12 posse members that night so thank you to them. And that’s all I have. Mayor Furlong: Okay, thank you. Please extend our appreciation to Beth Hoiseth too for all her work. Todd Gerhardt: Yeah. Mayor Furlong: 50, over 50 neighborhoods is the largest we’ve had isn’t it? Todd Gerhardt: Yep. Mayor Furlong: Yeah, that’s wonderful. That’s wonderful. Any questions for Mr. Gerhardt or his staff? Mr. Oehme, street projects coming along okay? Paul Oehme: They’re coming along. We’re going to be paving Sandy Hook tomorrow and on Wednesday so, and then hopefully we’ll jump right back over to Chaska Road and Melody Hills area and get that paved this week into next so we’re making good progress. Mayor Furlong: Okay, and the 101 project? Paul Oehme: The 101 south project is going, is going fine right now. Weather did slow us up last week a little bit but our underpass is constructed and wall construction continues so that will be going on for the next 2 to 3 weeks yet. We are pushing south so we’re about, we graded sub-grade down to Kiowa, or yeah Kiowa Trail now so we’re moving along. The intersection at Pioneer Trail and 101 will not be constructed this year. We just had too many rain delays this year so that will be pushed til next year. Next spring so, but 101. Mayor Furlong: Does that include road closures? Paul Oehme: Well intermediate road closures. We always had anticipated closing 101 south of Pioneer Trail for 2 weeks to make that connection but 101 north we don’t anticipate very significant road closures with that intersection improvements. Mayor Furlong: So will there be, when work is done this year, will there be access all the way through from south of Pioneer Trail to north…? Paul Oehme: Yep, absolutely. There’ll be two lanes of traffic like we had anticipated. Mayor Furlong: Okay. Paul Oehme: In November when the road project is completed for the year. 50 Chanhassen City Council – August 12, 2013 Mayor Furlong: Okay. Alright. And progress on the Pleasant View/101 intersection? Paul Oehme: It’s coming along. Xcel promised me they’ll be out there tomorrow. Starting tomorrow and moving power poles so once the power poles are moved by the end of the week here, we’ll be paving the east side of 101 and then shifting traffic over to the east side and then working on the trail on the north, up north of Pleasant View Road to Town Line Drive and that wall along 101 too so that’s the last component that we’ll need to work on to finish up the project so. Mayor Furlong: And are they going to coordinate the pedestrian crosswalk at 41 with that, at the same time they install it at 101? Paul Oehme: We’re still waiting on a permit from MnDOT for the 41 crossing. Mayor Furlong: What’s our expected timing on that? Paul Oehme: They said this week. They said that last week though too. Mayor Furlong: A lot of manana’s here. Okay. Paul Oehme: So we’re working towards that goal. We are corresponding with the school district. Mayor Furlong: Okay. Paul Oehme: If that work were to slide into school construction we’re going to have to limit the hours when the contractor can construct that portion of the trail and the median limited to when you know kids are coming and going. Mayor Furlong: What’s the, once the permit’s received by MnDOT, what’s the, how long will construction take? Paul Oehme: Yeah it’s about, say 3 weeks so. Mayor Furlong: Okay. Paul Oehme: And the mast arms have been ordered but they’re still not in yet. There’s another I think 2 to 3 week delay in those yet too so. Mayor Furlong: Alright. Thank you. Appreciate the updates. CORRESPONDENCE DISCUSSION. None. Councilwoman Tjornhom 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 9:25 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 51