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CC Packet 2013 07 22AGENDA CHANHASSEN CITY COUNCIL MONDAY, JULY 22, 2013 CHANHASSEN CITY HALL, 7700 MARKET BOULEVARD CITY COUNCIL WORK SESSION, FOUNTAIN CONFERENCE ROOM Note: If the City Council does not complete the work session items in the time allotted, the remaining items will be considered after the regular agenda. Second Quarter 2013 Budget and Investment Update budget and investments.pdf Review City's Snow Plowing Benchmarks a -2 review snow plowing benchmarks.pdf Receive Information on the Other "New Normal," Understand How Healthcare, Federal Tax Changes, etc. Impact the City a -3 update on the new normal.pdf Discuss Rice Marsh Lake Trail Construction Project a -4 rice marsh lake trail project.pdf Implement a Community Survey to Help Determine the City's Strengths, Weaknesses, and Community Needs. a -5 community survey.pdf Discuss Massage Therapy Licensing a -6 massage therapy licensing.pdf REGULAR MEETING, CITY COUNCIL CHAMBERS CALL TO ORDER (PLEDGE OF ALLEGIANCE) PUBLIC ANNOUNCEMENTS Invitation to Chanhassen Day at the Arboretum, Friday, August 2 d -1 invitation to arboretum day.pdf CONSENT AGENDA All items listed under the Consent Agenda are considered to be routine by the City Council and will be considered under one motion. There will be no separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and considered separately. City Council action is based on staff's recommendation for each item. Refer to the council packet for each staff report. Approval of City Council Minutes June 10, 2013 Work Session Summary Verbatim June 24, 2013 Work Session cc ws minutes 6 -10 -13.pdf, cc sum minutes 6 -10 -13.pdf, cc verbatim minutes 6 -10 -13.pdf, 06 -24 -13 -cc.ws.pdf Receive Planning Commission Minutes dated June 18, 2013 Summary Verbatim 06 -18 -13 -pc -sum.pdf, 06 -18 -13 -pc.pdf Receive Park & Recreation Commission Minutes dated June 25, 2013 Summary Verbatim 06 -25 -13 -prc -sum.pdf, 06 -25 -13 -prc.pdf TH 101 GAP Project (Pioneer Trail to CR 61): Approve Resolution of Support and Priority Designation. th 101 gap.pdf The Preserve 5th Addition, Chanhassen Residential Development Partners: Final Plat Approval e -5a the preserve final plat.pdf Approve Development Contract and Plans and Specifications e -5b the preserve at bluff creek 5 approve dc.pdf Approve Addendum to the Development Contract e -5c the preserve at bluff creek 5 approve addendum.pdf St. Hubert Catholic Community, 8201 Main Street: Approve Requests for Temporary On -Sale Liquor Licenses, August 17 & 18, September 28, and October 11. e -6 st hubert liquor license requests.pdf Verizon Wireless: Approve Lease Agreement for Downtown Water Tower, 500 West 76th Street. e -7 verizon cell tower lease.pdf Resolution Approving Decertification of Tax Increment District #8 e -8 decertify tif 8.pdf VISITOR PRESENTATIONS See guidelines for Visitor Presentations at the end of the agenda. LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE Lt. Jeff Enevold, Carver County Sheriff's Office g -1 law enforcement update.pdf Chief John Wolff, Chanhassen Fire Department g -2 fire dept report.pdf PUBLIC HEARINGS UNFINISHED BUSINESS NEW BUSINESS Jeurissen First Addition/Camden Ridge, 1500 Pioneer Trail Request for Preliminary and Final Plat Approval and Approval of Development Contract j -1a jeurissen 1st addition.pdf Camden Ridge, Applicant: Lennar/Owner: Bruce Jeurissen Request For Rezoning From Agricultural Estate (A2) To Planned Unit Development - Residential (PUD -R); Subdivision Of Approximately 36.2 Acres Into 32 Single Family Lots, 26 Twinhome Lots, And 7 Outlots; And A Conditional Use Permit To Allow Development Within The Bluff Creek Overlay District. j -1b -1 camden ridge rezoning subd and cup.pdf Consider Approval Of Development Contract For Grading Prior To Final Plat Approval j -1b -2camden ridge dev contract.pdf COUNCIL PRESENTATIONS ADMINISTRATIVE PRESENTATIONS CORRESPONDENCE PACKET correspondence.pdf ADJOURNMENT GUIDE FOR VISITOR PRESENTATIONS Welcome to the Chanhassen City Council meeting. In the interest of open communications, the Chanhassen City Council wishes to provide an opportunity for the public to address the City Council. That opportunity is provided at every regular City Council meeting during Visitor Presentations . 1.Anyone indicating a desire to speak during Visitor Presentations will be acknowledged by the Mayor. When called upon to speak, state your name, address, and topic. All remarks shall be addressed to the City Council as a whole, not to any specific member(s) or to any person who is not a member of the City Council. 2.If there are a number of individuals present to speak on the same topic, please designate a spokesperson that can summarize the issue. 3.Limit your comments to 5 minutes. Additional time may be granted at the discretion of the Mayor. If you have written comments, provide a copy to the council. 4.During Visitor Presentations, the council and staff listen to comments and will not engage in discussion. Council members or the City Manager may ask questions of you in order to gain a thorough understanding of your concern, suggestion, or request. 5.Please be aware that disrespectful comments or comments of a personal nature, directed at an individual either by name or inference, will not be allowed. Personnel concerns should be directed to the City Manager. Members of the City Council and some staff members may gather at Brindisi's Pub, 501 West 78th Street in Chanhassen immediately after the meeting for a purely social event. Members of the public are welcome. A.5:30 P.M. 1. Documents: 2. Documents: 3. Documents: 4. Documents: 5. Documents: 6. Documents: B.7:00 P.M. C. D. 1. Documents: E. 1. Documents: 2. Documents: 3. Documents: 4. Documents: 5. a. Documents: b. Documents: c. Documents: 6. Documents: 7. Documents: 8. Documents: F. G. 1. Documents: 2. Documents: H. I. J. 1. a. Documents: b. 1. Documents: 2. Documents: K. L. M. Documents: N. AGENDA CHANHASSEN CITY COUNCIL MONDAY, JULY 22, 2013 CHANHASSEN CITY HALL, 7700 MARKET BOULEVARD CITY COUNCIL WORK SESSION, FOUNTAIN CONFERENCE ROOM Note: If the City Council does not complete the work session items in the time allotted, the remaining items will be considered after the regular agenda.Second Quarter 2013 Budget and Investment Update budget and investments.pdf Review City's Snow Plowing Benchmarks a -2 review snow plowing benchmarks.pdf Receive Information on the Other "New Normal," Understand How Healthcare, Federal Tax Changes, etc. Impact the City a -3 update on the new normal.pdf Discuss Rice Marsh Lake Trail Construction Project a -4 rice marsh lake trail project.pdf Implement a Community Survey to Help Determine the City's Strengths, Weaknesses, and Community Needs.a -5 community survey.pdf Discuss Massage Therapy Licensing a -6 massage therapy licensing.pdf REGULAR MEETING, CITY COUNCIL CHAMBERS CALL TO ORDER (PLEDGE OF ALLEGIANCE)PUBLIC ANNOUNCEMENTS Invitation to Chanhassen Day at the Arboretum, Friday, August 2 d -1 invitation to arboretum day.pdf CONSENT AGENDA All items listed under the Consent Agenda are considered to be routine by the City Council and will be considered under one motion. There will be no separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and considered separately. City Council action is based on staff's recommendation for each item. Refer to the council packet for each staff report.Approval of City Council Minutes June 10, 2013 Work Session Summary Verbatim June 24, 2013 Work Session cc ws minutes 6 -10 -13.pdf, cc sum minutes 6 -10 -13.pdf, cc verbatim minutes 6 -10 -13.pdf, 06 -24 -13 -cc.ws.pdf Receive Planning Commission Minutes dated June 18, 2013 Summary Verbatim 06 -18 -13 -pc -sum.pdf, 06 -18 -13 -pc.pdf Receive Park & Recreation Commission Minutes dated June 25, 2013 Summary Verbatim 06 -25 -13 -prc -sum.pdf, 06 -25 -13 -prc.pdf TH 101 GAP Project (Pioneer Trail to CR 61): Approve Resolution of Support and Priority Designation. th 101 gap.pdf The Preserve 5th Addition, Chanhassen Residential Development Partners: Final Plat Approval e -5a the preserve final plat.pdf Approve Development Contract and Plans and Specifications e -5b the preserve at bluff creek 5 approve dc.pdf Approve Addendum to the Development Contract e -5c the preserve at bluff creek 5 approve addendum.pdf St. Hubert Catholic Community, 8201 Main Street: Approve Requests for Temporary On -Sale Liquor Licenses, August 17 & 18, September 28, and October 11. e -6 st hubert liquor license requests.pdf Verizon Wireless: Approve Lease Agreement for Downtown Water Tower, 500 West 76th Street. e -7 verizon cell tower lease.pdf Resolution Approving Decertification of Tax Increment District #8 e -8 decertify tif 8.pdf VISITOR PRESENTATIONS See guidelines for Visitor Presentations at the end of the agenda. LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE Lt. Jeff Enevold, Carver County Sheriff's Office g -1 law enforcement update.pdf Chief John Wolff, Chanhassen Fire Department g -2 fire dept report.pdf PUBLIC HEARINGS UNFINISHED BUSINESS NEW BUSINESS Jeurissen First Addition/Camden Ridge, 1500 Pioneer Trail Request for Preliminary and Final Plat Approval and Approval of Development Contract j -1a jeurissen 1st addition.pdf Camden Ridge, Applicant: Lennar/Owner: Bruce Jeurissen Request For Rezoning From Agricultural Estate (A2) To Planned Unit Development - Residential (PUD -R); Subdivision Of Approximately 36.2 Acres Into 32 Single Family Lots, 26 Twinhome Lots, And 7 Outlots; And A Conditional Use Permit To Allow Development Within The Bluff Creek Overlay District. j -1b -1 camden ridge rezoning subd and cup.pdf Consider Approval Of Development Contract For Grading Prior To Final Plat Approval j -1b -2camden ridge dev contract.pdf COUNCIL PRESENTATIONS ADMINISTRATIVE PRESENTATIONS CORRESPONDENCE PACKET correspondence.pdf ADJOURNMENT GUIDE FOR VISITOR PRESENTATIONS Welcome to the Chanhassen City Council meeting. In the interest of open communications, the Chanhassen City Council wishes to provide an opportunity for the public to address the City Council. That opportunity is provided at every regular City Council meeting during Visitor Presentations . 1.Anyone indicating a desire to speak during Visitor Presentations will be acknowledged by the Mayor. When called upon to speak, state your name, address, and topic. All remarks shall be addressed to the City Council as a whole, not to any specific member(s) or to any person who is not a member of the City Council. 2.If there are a number of individuals present to speak on the same topic, please designate a spokesperson that can summarize the issue. 3.Limit your comments to 5 minutes. Additional time may be granted at the discretion of the Mayor. If you have written comments, provide a copy to the council. 4.During Visitor Presentations, the council and staff listen to comments and will not engage in discussion. Council members or the City Manager may ask questions of you in order to gain a thorough understanding of your concern, suggestion, or request. 5.Please be aware that disrespectful comments or comments of a personal nature, directed at an individual either by name or inference, will not be allowed. Personnel concerns should be directed to the City Manager. Members of the City Council and some staff members may gather at Brindisi's Pub, 501 West 78th Street in Chanhassen immediately after the meeting for a purely social event. Members of the public are welcome. A.5:30 P.M.1.Documents:2.Documents:3.Documents:4.Documents:5.Documents:6.Documents:B.7:00 P.M.C.D.1.Documents:E.1. Documents: 2. Documents: 3. Documents: 4. Documents: 5. a. Documents: b. Documents: c. Documents: 6. Documents: 7. Documents: 8. Documents: F. G. 1. Documents: 2. Documents: H. I. J. 1. a. Documents: b. 1. Documents: 2. Documents: K. L. M. Documents: N. AGENDA CHANHASSEN CITY COUNCIL MONDAY, JULY 22, 2013 CHANHASSEN CITY HALL, 7700 MARKET BOULEVARD CITY COUNCIL WORK SESSION, FOUNTAIN CONFERENCE ROOM Note: If the City Council does not complete the work session items in the time allotted, the remaining items will be considered after the regular agenda.Second Quarter 2013 Budget and Investment Update budget and investments.pdf Review City's Snow Plowing Benchmarks a -2 review snow plowing benchmarks.pdf Receive Information on the Other "New Normal," Understand How Healthcare, Federal Tax Changes, etc. Impact the City a -3 update on the new normal.pdf Discuss Rice Marsh Lake Trail Construction Project a -4 rice marsh lake trail project.pdf Implement a Community Survey to Help Determine the City's Strengths, Weaknesses, and Community Needs.a -5 community survey.pdf Discuss Massage Therapy Licensing a -6 massage therapy licensing.pdf REGULAR MEETING, CITY COUNCIL CHAMBERS CALL TO ORDER (PLEDGE OF ALLEGIANCE)PUBLIC ANNOUNCEMENTS Invitation to Chanhassen Day at the Arboretum, Friday, August 2 d -1 invitation to arboretum day.pdf CONSENT AGENDA All items listed under the Consent Agenda are considered to be routine by the City Council and will be considered under one motion. There will be no separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and considered separately. City Council action is based on staff's recommendation for each item. Refer to the council packet for each staff report.Approval of City Council Minutes June 10, 2013 Work Session Summary Verbatim June 24, 2013 Work Session cc ws minutes 6 -10 -13.pdf, cc sum minutes 6 -10 -13.pdf, cc verbatim minutes 6 -10 -13.pdf, 06 -24 -13 -cc.ws.pdf Receive Planning Commission Minutes dated June 18, 2013 Summary Verbatim 06 -18 -13 -pc -sum.pdf, 06 -18 -13 -pc.pdf Receive Park & Recreation Commission Minutes dated June 25, 2013 Summary Verbatim 06 -25 -13 -prc -sum.pdf, 06 -25 -13 -prc.pdf TH 101 GAP Project (Pioneer Trail to CR 61):Approve Resolution of Support and Priority Designation.th 101 gap.pdf The Preserve 5th Addition, Chanhassen Residential Development Partners:Final Plat Approval e -5a the preserve final plat.pdf Approve Development Contract and Plans and Specifications e -5b the preserve at bluff creek 5 approve dc.pdf Approve Addendum to the Development Contract e -5c the preserve at bluff creek 5 approve addendum.pdf St. Hubert Catholic Community, 8201 Main Street:Approve Requests for Temporary On -Sale Liquor Licenses, August 17 & 18, September 28, and October 11.e -6 st hubert liquor license requests.pdf Verizon Wireless: Approve Lease Agreement for Downtown Water Tower, 500 West 76th Street. e -7 verizon cell tower lease.pdf Resolution Approving Decertification of Tax Increment District #8 e -8 decertify tif 8.pdf VISITOR PRESENTATIONS See guidelines for Visitor Presentations at the end of the agenda. LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE Lt. Jeff Enevold, Carver County Sheriff's Office g -1 law enforcement update.pdf Chief John Wolff, Chanhassen Fire Department g -2 fire dept report.pdf PUBLIC HEARINGS UNFINISHED BUSINESS NEW BUSINESS Jeurissen First Addition/Camden Ridge, 1500 Pioneer Trail Request for Preliminary and Final Plat Approval and Approval of Development Contract j -1a jeurissen 1st addition.pdf Camden Ridge, Applicant: Lennar/Owner: Bruce Jeurissen Request For Rezoning From Agricultural Estate (A2) To Planned Unit Development - Residential (PUD -R); Subdivision Of Approximately 36.2 Acres Into 32 Single Family Lots, 26 Twinhome Lots, And 7 Outlots; And A Conditional Use Permit To Allow Development Within The Bluff Creek Overlay District. j -1b -1 camden ridge rezoning subd and cup.pdf Consider Approval Of Development Contract For Grading Prior To Final Plat Approval j -1b -2camden ridge dev contract.pdf COUNCIL PRESENTATIONS ADMINISTRATIVE PRESENTATIONS CORRESPONDENCE PACKET correspondence.pdf ADJOURNMENT GUIDE FOR VISITOR PRESENTATIONS Welcome to the Chanhassen City Council meeting. In the interest of open communications, the Chanhassen City Council wishes to provide an opportunity for the public to address the City Council. That opportunity is provided at every regular City Council meeting during Visitor Presentations . 1.Anyone indicating a desire to speak during Visitor Presentations will be acknowledged by the Mayor. When called upon to speak, state your name, address, and topic. All remarks shall be addressed to the City Council as a whole, not to any specific member(s) or to any person who is not a member of the City Council. 2.If there are a number of individuals present to speak on the same topic, please designate a spokesperson that can summarize the issue. 3.Limit your comments to 5 minutes. Additional time may be granted at the discretion of the Mayor. If you have written comments, provide a copy to the council. 4.During Visitor Presentations, the council and staff listen to comments and will not engage in discussion. Council members or the City Manager may ask questions of you in order to gain a thorough understanding of your concern, suggestion, or request. 5.Please be aware that disrespectful comments or comments of a personal nature, directed at an individual either by name or inference, will not be allowed. Personnel concerns should be directed to the City Manager. Members of the City Council and some staff members may gather at Brindisi's Pub, 501 West 78th Street in Chanhassen immediately after the meeting for a purely social event. Members of the public are welcome. A.5:30 P.M.1.Documents:2.Documents:3.Documents:4.Documents:5.Documents:6.Documents:B.7:00 P.M.C.D.1.Documents:E.1.Documents:2.Documents:3.Documents:4.Documents:5.a.Documents:b.Documents:c.Documents:6.Documents:7. Documents: 8. Documents: F. G. 1. Documents: 2. Documents: H. I. J. 1. a. Documents: b. 1. Documents: 2. Documents: K. L. M. Documents: N. AGENDA CHANHASSEN CITY COUNCIL MONDAY, JULY 22, 2013 CHANHASSEN CITY HALL, 7700 MARKET BOULEVARD CITY COUNCIL WORK SESSION, FOUNTAIN CONFERENCE ROOM Note: If the City Council does not complete the work session items in the time allotted, the remaining items will be considered after the regular agenda.Second Quarter 2013 Budget and Investment Update budget and investments.pdf Review City's Snow Plowing Benchmarks a -2 review snow plowing benchmarks.pdf Receive Information on the Other "New Normal," Understand How Healthcare, Federal Tax Changes, etc. Impact the City a -3 update on the new normal.pdf Discuss Rice Marsh Lake Trail Construction Project a -4 rice marsh lake trail project.pdf Implement a Community Survey to Help Determine the City's Strengths, Weaknesses, and Community Needs.a -5 community survey.pdf Discuss Massage Therapy Licensing a -6 massage therapy licensing.pdf REGULAR MEETING, CITY COUNCIL CHAMBERS CALL TO ORDER (PLEDGE OF ALLEGIANCE)PUBLIC ANNOUNCEMENTS Invitation to Chanhassen Day at the Arboretum, Friday, August 2 d -1 invitation to arboretum day.pdf CONSENT AGENDA All items listed under the Consent Agenda are considered to be routine by the City Council and will be considered under one motion. There will be no separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and considered separately. City Council action is based on staff's recommendation for each item. Refer to the council packet for each staff report.Approval of City Council Minutes June 10, 2013 Work Session Summary Verbatim June 24, 2013 Work Session cc ws minutes 6 -10 -13.pdf, cc sum minutes 6 -10 -13.pdf, cc verbatim minutes 6 -10 -13.pdf, 06 -24 -13 -cc.ws.pdf Receive Planning Commission Minutes dated June 18, 2013 Summary Verbatim 06 -18 -13 -pc -sum.pdf, 06 -18 -13 -pc.pdf Receive Park & Recreation Commission Minutes dated June 25, 2013 Summary Verbatim 06 -25 -13 -prc -sum.pdf, 06 -25 -13 -prc.pdf TH 101 GAP Project (Pioneer Trail to CR 61):Approve Resolution of Support and Priority Designation.th 101 gap.pdf The Preserve 5th Addition, Chanhassen Residential Development Partners:Final Plat Approval e -5a the preserve final plat.pdf Approve Development Contract and Plans and Specifications e -5b the preserve at bluff creek 5 approve dc.pdf Approve Addendum to the Development Contract e -5c the preserve at bluff creek 5 approve addendum.pdf St. Hubert Catholic Community, 8201 Main Street:Approve Requests for Temporary On -Sale Liquor Licenses, August 17 & 18, September 28, and October 11.e -6 st hubert liquor license requests.pdf Verizon Wireless:Approve Lease Agreement for Downtown Water Tower, 500 West 76th Street.e -7 verizon cell tower lease.pdf Resolution Approving Decertification of Tax Increment District #8 e -8 decertify tif 8.pdf VISITOR PRESENTATIONS See guidelines for Visitor Presentations at the end of the agenda.LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE Lt. Jeff Enevold, Carver County Sheriff's Office g -1 law enforcement update.pdf Chief John Wolff, Chanhassen Fire Department g -2 fire dept report.pdf PUBLIC HEARINGS UNFINISHED BUSINESS NEW BUSINESS Jeurissen First Addition/Camden Ridge, 1500 Pioneer Trail Request for Preliminary and Final Plat Approval and Approval of Development Contract j -1a jeurissen 1st addition.pdf Camden Ridge, Applicant: Lennar/Owner: Bruce Jeurissen Request For Rezoning From Agricultural Estate (A2) To Planned Unit Development -Residential (PUD -R); Subdivision Of Approximately 36.2 Acres Into 32 Single Family Lots, 26 Twinhome Lots, And 7 Outlots; And A Conditional Use Permit To Allow Development Within The Bluff Creek Overlay District.j -1b -1 camden ridge rezoning subd and cup.pdf Consider Approval Of Development Contract For Grading Prior To Final Plat Approval j -1b -2camden ridge dev contract.pdf COUNCIL PRESENTATIONS ADMINISTRATIVE PRESENTATIONS CORRESPONDENCE PACKET correspondence.pdf ADJOURNMENT GUIDE FOR VISITOR PRESENTATIONS Welcome to the Chanhassen City Council meeting. In the interest of open communications, the Chanhassen City Council wishes to provide an opportunity for the public to address the City Council. That opportunity is provided at every regular City Council meeting during Visitor Presentations . 1.Anyone indicating a desire to speak during Visitor Presentations will be acknowledged by the Mayor. When called upon to speak, state your name, address, and topic. All remarks shall be addressed to the City Council as a whole, not to any specific member(s) or to any person who is not a member of the City Council. 2.If there are a number of individuals present to speak on the same topic, please designate a spokesperson that can summarize the issue. 3.Limit your comments to 5 minutes. Additional time may be granted at the discretion of the Mayor. If you have written comments, provide a copy to the council. 4.During Visitor Presentations, the council and staff listen to comments and will not engage in discussion. Council members or the City Manager may ask questions of you in order to gain a thorough understanding of your concern, suggestion, or request. 5.Please be aware that disrespectful comments or comments of a personal nature, directed at an individual either by name or inference, will not be allowed. Personnel concerns should be directed to the City Manager. Members of the City Council and some staff members may gather at Brindisi's Pub, 501 West 78th Street in Chanhassen immediately after the meeting for a purely social event. Members of the public are welcome. A.5:30 P.M.1.Documents:2.Documents:3.Documents:4.Documents:5.Documents:6.Documents:B.7:00 P.M.C.D.1.Documents:E.1.Documents:2.Documents:3.Documents:4.Documents:5.a.Documents:b.Documents:c.Documents:6.Documents:7.Documents:8.Documents:F.G.1.Documents:2.Documents:H.I.J.1.a.Documents:b.1.Documents:2.Documents:K.L.M.Documents:N. CHANHASSEN CITY COUNCIL WORK SESSION JUNE 10, 2013 Mayor Furlong called the work session to order at 5:30 p.m. COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilman McDonald, Councilwoman Tjornhom, and Councilman Laufenburger COUNCIL MEMBERS ABSENT: Councilwoman Ernst STAFF PRESENT: Todd Gerhardt, Laurie Hokkanen, Paul Oehme, Kate Aanenson, Todd Hoffman, Greg Sticha , and Danielle Washburn PUBLIC PRESENT: Laurie Susla 7008 Dakota Avenue REVIEW 2012 AUDIT REPORT, DAVE MOL AND ANDY HERING, HLB TAUTGES REDPATH. Greg Sticha introduced Dave Mol and Andy Hering with HLB Tautges Redpath who presented highlights of the 2012 CAFR . Dave Mol reviewed the following r eports issued by the auditor: Opinion on Financial Statements which reported a clean opinion; Report on Internal Controls result ing in one item; Report on Compliance with Minnesota Legal Compliance Audit Guide which resulted in no findings of noncompliance; and Communication with those Charged with Governance which noted matters not included in other reports as issues involved with the 2009A Debt Service Fund and sewer charges. Andy Hering review the financial summary of governmental funds. Mayor Furlong asked about the amount levied in relation to the fund balance requirement. Andy Hering continued with review of the General Fund budget performance, and review of the three enterprise funds (water, sewer and surface water management). Greg Sticha noted staff will be monitoring the fund balance for the surface water management fund into the future. Mayor Furlong asked for clarification o f the debt service balance in the water fund. Andy Hering thanked Danielle Washburn and her staff for assisting in the audit. Mayor Furlong asked for clarification of the internal controls report. INTERVIEW APPLICANTS FOR YOUTH REPRESENTATIVES TO THE PARK AND RECREATION COMMISSION. The City Council interviewed Jacob Stolar and Ryan Lynch f or positions as youth representatives on the Park and Recreation Commission. Council members discussed if the commission was prepared for new youth representatives and asked about commission member mentors. Consensus of the council was to move forward with appointing both youth representatives. OVERVIEW OF PROPOSED 2014 STREET IMPROVEMENTS, PROJECT 14-01. Paul Oehme reviewed purpose and need and watermain breaks in the proposed 2014 street project in the Minnewashta He ights area and Kiowa Trail . Council members discussed the issues involved with the option of connecting Kiowa Trail and Springfield Drive. Mayor Furlong adjourned the work session at 6:55 p.m. Submitted by Todd Gerhardt , City Manager Prepared by Nann Opheim CHANHASSEN CITY COUNCIL REGULAR MEETING SUMMARY MINUTES JUNE 10, 2013 Mayor Furlong called the meeting to order at 7:00 p.m. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilman McDonald, Councilwoman Tjornhom, and Councilman Laufenburger COUNCIL MEMBERS ABSENT: Councilwoman Ernst STAFF PRESENT: Todd Gerhardt, Laurie Hokkanen, Paul Oehme, Kate Aanenson, Todd Hoffman, and Greg Sticha PUBLIC PRESENT: Wes Dunsmore 730 West 96 th Street Gary Bendzick 731 West 96 th Street Marty Schutrop 540 Lakota Lane Mayor Furlong added item number 4 under New Business, Appointment of Youth Commissioners to the Park and Recreation Commission. PUBLIC ANNOUNCEMENTS: None. CONSENT AGENDA: Councilman Laufenburger moved, Councilman McDonald seconded to approve the following consent agenda items pursuant to the City Manager ’s recommendations: a.Approval of Minutes: -City Council Work Session Minutes dated May 28, 2013 -City Council Verbatim and Summary Minutes dated May 28, 2013 Receive Commission Minutes: -Planning Commission Verbatim and Summary Minutes dated May 21, 2013 b.Lift Station 10 Improvements, Project 13-07: Approve Consultant Contract. c.Resolution #2013-35: 2014 Street Improvement Project 14-01: Approve Consultant Contract and Authorize the Preparation of Feasibility Study. d.TH 101 (Lyman to Pioneer) Project 12-06: Amend Consultant Contract with Kimley-Horn for Final Design. e.Approve Dedication of Drainage and Utility Easement, Lot 4, Block 1, Wynsong. f.Deleted. g.Approve Purchase Agreement for Excess Right-of-Way with Center Companies, Sinclair Redevelopment Project, 7910 Dakota Avenue. City Council Summary – June 10, 2013 2 h.Approve Special Assessment Agreement to Finance SAC Fees, First Steps Daycare. i.Approve Temporary On-Sale Liquor License, July 2, 2013, Chanhassen Rotary Club. All voted in favor and the motion carried unanimously with a vote of 4 to 0. VISITOR PRESENTATIONS. None. BLUFF CREEK WOODS: REQUEST TO REZONE 3.57 ACRES OF LAND FROM AGRICULTURAL ESTATE DISTRICT (A-2) TO SINGLE FAMILY RESIDENTIAL DISTRICT (RSF); SUBDIVISION WITH VARIANCES FOR THE CONSTRUCTION OF A PRIVATE STREET AND USE OF A NECK LOT; AND A CONDITIONAL USE PERMIT TO ALLOW DEVELOPMENT WITHIN THE BLUFF CREEK OVERLAY DISTRICT; 7331 HAZELTINE BOULEVARD. APPLICANT: MARTIN SCHUTROP. Kate Aanenson presented the staff report and Planning Commission update on this item. Councilman McDonald asked for clarification of the green and orange shown on the map delineating the Bluff Creek Overlay District primary zone and buffer yard and the impact on the buildable area of the lots. Councilman Laufenburger asked about the developer ’s proposal and staff ’s recommendation. Mayor Furlong asked what type of uses would be allowed in the primary zone and buffer yard areas. Councilman McDonald asked the applicant, Marty Schutrop to explain what type of house s co uld be built on these lots because of his concern with the size of the lots and what homeowners would be permitted to build in the future. Mayor Furlong suggested changing the conservation easement to a preservation ea sement and council members discussed what that would accomplish. After discussion on clarification of wording, the following motion was made. Councilman McDonald moved, Councilwoman Tjornhom seconded that the City Council approve the rezoning of property from Agricultural Estate District (A-2) to Single Family Residential District (RSF); Preliminary Plat with Variances for a neck lot and the construction of a private street; and a Conditional Use Permit to allow development within the Bluff Creek Overlay District, subject to adoption of the amended Findings of Fact which changes references to conservation easement to preservation easement and the following conditions: 1.At the entrance off Hazeltine Boulevard, a monument sign displaying all four address numbers shall be installed. In addition, at the start of the individual driveways to each home, an address sign shall also be installed. Submit proposed signage to Fire Marshal for approval. 2.Park fees shall be collected in full for the two new homes at the rate in force upon final plat submission and approval. 3.Any use of or work within or affecting MnDOT right-of-way requires a permit. Permit forms are available from MnDOT ’s utility website at http://www.dot.state.mn.us/utility/. 4.Outlot A and the preservation easement shall be coincidental with the primary zone for the Bluff Creek Overlay District and shall be recorded with the final plat. The primary zone shall extend to a point 18 feet from the northeast corner of Lot 3. City Council Summary – June 10, 2013 3 5.A structure setback of 40 feet is required from the primary zone. No disturbance shall occur within the first 20 feet of the setback. The proposed grading plans shall be amended to show how the lots may be developed. 6.The Bluff Creek Overlay District primary zone and the corresponding setback shall be shown on all plan sheets. 7.S igns clearly demarcating the Bluff Creek Overlay District primary zone shall be installed at all major angle points and at the intersection of lot lines with the primary zone boundary. Site plans shall be amended to show the placement of the signs. This item will be revisited by staff regarding the location of signage. 8.In keeping with the purpose of the Bluff Creek Overlay District to protect natural resources, the proposed driveway for Lot 1 shall share a common drive with Lot 2 until the existing hammerhead. 9.The applicant shall provide drainage calculations for pre-development and post-development conditions. 10.Preservation of natural vegetation shall be allowed as a volume and rate control tool. Water quality best management practices are still required. This shall meet the requirements of the NPDES permit for drainage to an impaired water or NURP plus enhanced treatment, whichever is stricter. 11.SWMP charges shall be reviewed in lieu of in-perpetuity protection of land through a combination of preservation easement and the dedication of Outlot A to the City. 12.Water that now heads west and then south along the trail and away from this area will be directed northwest into the depression north of the shared entrance. An adequate outlet must be provided for this area and the existing drainage patterns must be maintained. 13.Prior to grading, each lot shall install tree protection fencing at the edge of grading limits. 14.Building permit surveys for each lot shall be required to show all inventoried trees within the grading limits and 10 feet beyond and their removal or preservation status. 15.The developer must revise the Existing Conditions plan to show the power pole, utility box, propane tank and shed. 16.Ground shot elevations must be shown on the Existing Conditions plan to verify that a topographic survey was completed. 17.The developer shall work with staff to realign the access to Lot 1. 18.The developer must provide proof that the common portion of the driveway to Lots 1 and 2 meets a 7-ton design. City Council Summary – June 10, 2013 4 19.If the existing driveway does not meet the 7-ton design standard, the developer must install the 7-ton driveway and submit an escrow with the final plat to ensure that the driveway meets this specification. 20.The driveway easement shall be recorded as a separate document; all references to the driveway easement shall be removed from the preliminary plat. 21.The grading plan must be revised so that the grades do not exceed 3H:1V. 22.A permit is required from MnDOT to install the sewer and water services as well as grading in the right-of-way. 23.The City must be notified a minimum of 72 hours before the sewer and water services are to be installed. 24.The sewer and water service connections must be inspected and approved by the City. 25.The developer must submit an escrow for the necessary boulevard restoration associated with the service installation. 26.Lots 1 and 3 will be subject to the City sewer and water hook-up charges and the Metropolitan Council Sanitary Access Charge. These fees shall be collected in accordance with the City Code at the rate in effect at the time. All voted in favor and the motion carried unanimously with a vote of 4 to 0. REQUEST FOR A VARIANCE FROM SECTION 20-904(A)(1) OF CHANHASSEN CITY CODE TO CONSTRUCT AN ACCESSORY STRUCTURE IN EXCESS OF 1,000 SQ. FT. ON PROPERTY ZONED AGRICULTURAL ESTATE DISTRICT (A-2); LOCATED AT 760 WEST 96 TH STREET; APPLICANT: CHUCK WORM. Kate Aanenson presented the staff report and Planning Commission update on this item. Councilman Laufenburger asked for clarification o f the aerial photo regarding property location, use and number of structures. The applicant, Chuck Worm explained how and what equipment is stored currently and the need for more inside storage. Council members asked questions of the applicant to clarify what and where equipment is stored and why the need for storage on this property in Chanhassen. After discussion and comments the following motion was made. Councilman McDonald moved, Councilwoman Tjornhom seconded that the City Council table the request for a variance from Section 20-904(a)(1) of Chanhassen City Code to construct an accessory structure in excess of 1,000 square feet at 760 West 96 th Street and direct staff to work with Mr. Worm, taking into account all comments made by council, in bringing back an agreement as soon as possible. All voted in favor and the motion carried unanimously with a vote of 4 to 0. APPOINTMENT OF YOUTH COMMISSIONERS TO THE PARK AND RECREATION COMMISSION. City Council Summary – June 10, 2013 5 Mayor Furlong moved, Councilman Laufenburger seconded to appoint Jacob Stolar and Ryan Lynch to the Park and Recreation Commission. All voted in favor and the motion carried unanimously with a vote of 4 to 0. COUNCIL PRESENTATIONS. Councilman McDonald explained activities involved with the first Night on the Town, being sponsored by Buy Chanhassen, on Thursday, June 13 th . Mayor Furlong commented on the dedication for the Al Klingelhutz Memor ial Picnic Pavilion at Lake Ann Park which was held on Sunday, June 9 th and thanked Councilwoman Tjornhom for her good service. ADMINISTRATIVE PRESENTATIONS. Todd Gerhardt provided updates on road construction projects. CORRESPONDENCE DISCUSSION. Councilman Laufenburger congratulated everybody involved with Chanhassen ’s Fourth of July Celebration which was named Best Community Festival by Southwest Metro Magazine. Councilman McDonald moved, Councilwoman Tjornhom seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 4 to 0. The City Council meeting was adjourned at 8:50 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim CHANHASSEN CITY COUNCIL REGULAR MEETING JUNE 10, 2013 Mayor Furlong called the meeting to order at 7:00 p.m. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilman McDonald, Councilwoman Tjornhom, and Councilman Laufenburger COUNCIL MEMBERS ABSENT: Councilwoman Ernst STAFF PRESENT: Todd Gerhardt, Laurie Hokkanen, Paul Oehme, Kate Aanenson, Todd Hoffman, and Greg Sticha PUBLIC PRESENT: Wes Dunsmore 730 West 96 th Street Gary Bendzick 731 West 96 th Street Marty Schutrop 540 Lakota Lane Mayor Furlong: Thank you and welcome to those here in the council chambers and those watching at home. We ’re glad that you joined us this evening. At this time I would like to add one item to our agenda this evening. We ’ll call it item number 4 under new business and that would be for the council to consider appointments for youth commissioners to our Park and Rec Commission so without objection we ’ll add that to the agenda. And then I would ask members of the council if there are any other modifications or changes to the agenda. If not, we ’ll proceed with the agenda as published without objection. PUBLIC ANNOUNCEMENTS: None. CONSENT AGENDA: Councilman Laufenburger moved, Councilman McDonald seconded to approve the following consent agenda items pursuant to the City Manager ’s recommendations: a.Approval of Minutes: -City Council Work Session Minutes dated May 28, 2013 -City Council Verbatim and Summary Minutes dated May 28, 2013 Receive Commission Minutes: -Planning Commission Verbatim and Summary Minutes dated May 21, 2013 b.Lift Station 10 Improvements, Project 13-07: Approve Consultant Contract. c.Resolution #2013-35: 2014 Street Improvement Project 14-01: Approve Consultant Contract and Authorize the Preparation of Feasibility Study. d.TH 101 (Lyman to Pioneer) Project 12-06: Amend Consultant Contract with Kimley-Horn for Final Design. e.Approve Dedication of Drainage and Utility Easement, Lot 4, Block 1, Wynsong. Chanhassen City Council – June 10, 2013 2 f.Deleted. g.Approve Purchase Agreement for Excess Right-of-Way with Center Companies, Sinclair Redevelopment Project, 7910 Dakota Avenue. h.Approve Special Assessment Agreement to Finance SAC Fees, First Steps Daycare. i.Approve Temporary On-Sale Liquor License, July 2, 2013, Chanhassen Rotary Club. All voted in favor and the motion carried unanimously with a vote of 4 to 0. VISITOR PRESENTATIONS. None. BLUFF CREEK WOODS: REQUEST TO REZONE 3.57 ACRES OF LAND FROM AGRICULTURAL ESTATE DISTRICT (A-2) TO SINGLE FAMILY RESIDENTIAL DISTRICT (RSF); SUBDIVISION WITH VARIANCES FOR THE CONSTRUCTION OF A PRIVATE STREET AND USE OF A NECK LOT; AND A CONDITIONAL USE PERMIT TO ALLOW DEVELOPMENT WITHIN THE BLUFF CREEK OVERLAY DISTRICT; 7331 HAZELTINE BOULEVARD. APPLICANT: MARTIN SCHUTROP . Kate Aanenson: Thank you Mayor, members of the City Council. This application is located on 7331 Hazeltine Boulevard which is also known as 41. Across from Camp Tanadoona and kind of the entrance there to Westwood Church. The request involves a couple of actions. The first is to rezone the property from Agricultural Estate to Single Family Residential. There ’s a subdivision with variances for a neck lot and the construction of a private street. Also for a conditional use to allow development within the Bluff Creek Overlay District. So the applicant is proposing to develop 3 residential lots as shown here. Again the reason why it would need to have the variances for the private drive is that the only way to really access this property is to come off of the existing driveway there. It ’s very steep coming off of 41 and the turn movements. The State wouldn ’t allow those extra driveways. The City ordinance allows only 4 driveways. There ’s the existing 2 homes. The one home on the property was built in 1966 and then there ’s an additional home just to the north of the subject site up in this area here so the 2 additional homes would make the 4 homes off the private street. So with the 4 lots, they all exceed minimum lot size would be 15,000. They all exceed that requirement and then there will also be an outlot created which I ’ll talk about in a minute. So when this item appeared before the Planning Commission on May 21 st they did recommend approval 7-0. There was a concern from the neighbor just to the north of the site that has access via this private drive regarding the confusion of the trail and the existing driveways. We tried to show the color differentiation. There is a trail that runs along here and then goes into the Longacres neighborhood so this would be the driveways as they come into the different properties. This would be to Lot 3, Lot 2 and what we ’re recommending then, this would be the common portion of those. Again those portions that are common have to meet the 7 ton design. This part through here and then the driveway to the existing home. Staff did meet with the neighbor to the north here regarding some of the drainage issues on that property and access and working on posting that to make sure it ’s clear. The trail access not to be confused with the driveway and when this does have to come back for final plat so there ’s a few issues that need to be further clarified that were not shown on the original site plan and that would be one thing that we ’d make sure gets addressed before it comes back for final plat. And again typically on final plat, if they meet all those conditions that we ’ve identified with the staff report, then we w ould just put that on consent but I think we ’ve addressed that issue regarding access and drainage. And again with this there is a variance required. Because of the steep grades there, really the best way to access this and the turn movements and the speed on 41 would be coming off the existing driveway that ’s in place right now for the current home and then the home just north of this proposed property. So we believe that it ’s not going to be detrimental. We ’re controlling the access point there and due to the Chanhassen City Council – June 10, 2013 3 constraints there ’s no other way to subdivide this property. It meets the ordinance. It does allow up to 4 with a variance and we believe that it ’s a reasonable, it ’s not just inconvenience. It ’s really the only way to develop and because these aren ’t the minimum lot sizes, we ’re not trying to force anything in there that we believe that the variance is warranted. So the Bluff Creek Overlay District runs over the entire property. Again when we looked at the Overlay District, what the ordinance says is that you go out and field verify the location of that. Again with the subdivision you have to treat your storm water so the thinking of that was after walking the site is that Outlot A would be preserved for the, in lieu of the stormwater pond, providing that additional extraction, that area to control the storm water. In addition that Outlot A has a knoll on it too so there ’s two kind of knolls on the property at 970. The wetland itself is at 960 so that does provide for some nice noise, light attenuation as people are driving on 41 for some of that, kind of that sound barrier. Then in addition this is kind of that orange would be primary zone. New line there would be that orange so Outlot A would be in lieu of paying stormwater fees. Preservation of that and then the primary zone, follow the orange and what we ’re showing here on the green is the setback from that. So these houses, these lots are plenty deep. The buildable area is shown on here. It just needs to be pushed out a little bit from that. Both of these and there ’s plenty of room on those lots to accommodate that. So on the grading and drainage again I just explained kind of the higher knolls. This would be the area that would be served. Again it ’s a heavily wooded site. Existing home here and then the grades on this. This is all going to be custom grades. Again between now and final plat want a little bit more identification of some of the grading on those lots but believe that can all be accommodated and meet the city ordinances. There is utilities. This project did get utilities when we did the BC7, BC8 project which accommodated going all the way out to Pulte Homes an d then out to Westwood Church which provided the sewer and water for this area. The applicant did do a tree inventory and removal plan and buffer yard plantings are required so that ’s all being accommodated and it does meet city ordinance as the project is proposed. There is a trail, as I indicated, that goes along the front of this property that also goes through Longacres and now that we ’ll make that new connection it will actually be able to go through the Longacres neighborhood and then come back out onto, to get over to the regional park in that area so we ’re not requiring any additional dedication at this time but rather the park and trail fees for the two new lots. So with that we ’re recommending that you approve the plat with the rezoning with variances and the conditional use for the alternation into the Bluff Creek Overlay District and approval of the Findings of Fact. And I ’d be happy to answer any questions that you have. Mayor Furlong: Thank you. Any questions for staff? Councilman McDonald: I ’ve got a question. Mayor Furlong: Mr. McDonald. Councilman McDonald: Could you go back to the, I guess it ’s the orange and green. Can you explain, okay especially within the third lot down there. If I put a house down there, what ’s the significance of the green and the orange? What does that mean as far as the home? Kate Aanenson: This is the primary zone and we ’re just saying that this is a buffer to that primary zone so this house pad, there ’s plenty of area there. It just needs to push forward so it ’s outside of that. That building envelope, same as this would have to go kind of to the south. Just move out of that primary zone. Councilman McDonald: Okay, and as I understand it they couldn ’t build anything within the primary, or within the setback, the buffer area or the primary zone, is that right? Kate Aanenson: (Yes). Chanhassen City Council – June 10, 2013 4 Councilman McDonald: Like patios and those kind of things would have to be outside. Kate Aanenson: A permit, something that would need a building permit, correct. Addition to the house. A screen porch, something that would require a building permit we would not permit. That ’s something that would need a permit. Councilman McDonald: Okay, and with those zones and the chart you have within the packet, does that give us the buildable area that ’s available, even with, you know the buildable area with the setbacks and everything included or? Kate Aanenson: No. Councilman McDonald: What ’s in that number? Kate Aanenson: That would be the gross, but they ’re still in excess of 29,000 to 40,000 so there ’s plenty of room on all those lots. Councilman McDonald: Okay, so Lot 1 I ’ve got 43,000 square feet but that ’s gross. That doesn ’t take into account the green. Kate Aanenson: Lot 1 would be just about 30,000 taking that out. Councilman McDonald: Okay. Kate Aanenson: Lot 2 would be about 40,000. Councilman McDonald: Okay. Kate Aanenson: And Lot 3 would be 56,000 taking that out so they ’re still well in excess of the minimums. Councilman McDonald: Okay. Kate Aanenson: Excuse me, Lot 3. I ’m sorry, Lot 3 would actually be, I was giving you Outlot A. Would also be just about 29,000. I ’m sorry, Lot 3. Councilman McDonald: Okay. Kate Aanenson: Again the minimum is 15,000. Again looking at this based on the topography, that ’s kind of some of the challenge there too. With these lots sizes, because you can only get 3 homes, kind of that ’s the best way for the utility to try to make them lay out and working with the grades and so there is room on there to alter the, to move these outside of that area so just abutting it or to the like. Councilman McDonald: And then where is Bluff Creek in relation? Is it to the south or to the east of the orange itself? Kate Aanenson: It ’s to the south and behind it. Let ’s see if I can, I have a map here. This is the Overlay District but maybe it might be better if I got a map up here that would show it within. So if you look on this is the, this is all in the Overlay District. All of this property ’s in the Overlay District in here and I can show that to you in a couple different ways on this map. This is another map of the Overlay District. This is the subject site so if you go all the way down, if you look at the apartment, this would also include Chanhassen City Council – June 10, 2013 5 that property that the apartments was pretty consistent with that. Then I think you can also see it on the park and trail plan. Some of that stuff that ’s been preserved so this is the subject site in yellow. Sorry, I ’ll go back to the subject site in yellow. So that ’s part of that creek over shot. It ’s not just the creek. It ’s the flood way also too and that ’s, there ’s a significant wetland immediately abutting this property. So we talk about that when you look at that elevation and the noise attenuation, that ’s why it ’s important to kind of save that knoll and those heavily wooded trees. I think that will provide a nice buffer for those homes. Those new homes that are going in there. Councilman McDonald: Okay. That ’s the only big question I had. Mayor Furlong: Okay, thank you. Mr. Laufenburger. Councilman Laufenburger: Thank you Mr. Mayor. Kate, can you go back to, there was a slide that had proposed, developer ’s proposal and then staff recommendations. Right about there. Has the developer agreed with the staff recommendations specifically on that driveway? Kate Aanenson: Yeah , yeah. Yeah, I think the issue there too was, you know we ’ve had that concern that we have enough back up area. We don ’t overlap because that does count towards our hard cover so. Councilman Laufenburger: Yep, okay. Kate Aanenson: But we still provide a back up so the last person doesn ’t have the back up. Councilman Laufenburger: So on this particular slide with the staff recommendation shows in looks like to be like a turquoise is , that will be the connector to whatever driveway is used to go to the house in Lot 1, is that correct? Kate Aanenson: That ’s correct. So wherever they, again it will be custom graded so that will be kind of that touch down point and that would be the 7, where it ’s common would be the 7 ton design. After that it would just be a single purpose driveway to wherever that house lands, correct. Councilman Laufenburger: Alright, thank you. That was my only question Mr. Mayor. Mayor Furlong: Thank you. Any other questions? Councilwoman Tjornhom. Councilwoman Tjornhom: Yeah. There ’s a lot of stuff going on on Highway 41 right now in that area. Do you perceive any problems with even more construction? Kate Aanenson: Well that was, I think because sewer and water ’s available there and because they ’re going to be custom graded, I think we can work through those issues as far as access management of that. I think that was the one concern the neighbor to the north had so we said we ’d also work with them in using better signage and the like during the construction and making sure we ’re managing that. That would include mud onto the streets and the trails and that sort of thing too. Was that your question? Councilwoman Tjornhom: Yeah. Mayor Furlong: Ms. Aanenson, following up on Mr. McDonald ’s questions about use and such like that. Within the, as is proposed here, within the green and the orange shaded area, what type of uses would be allowable? Chanhassen City Council – June 10, 2013 6 Kate Aanenson: In the primary zone there ’s no permitted use within that but in the green area, if it doesn ’t require a building permit, as long as your principle structure is set outside of that, then that ’s just a setback from the primary so just for the principle structure or anything again requiring a building permit. So if it was a large gazebo or something like that. There are some things that would not require a building permit that someone could use it for as part of their yard space and the like. Mayor Furlong: Thank you. Councilman McDonald: Can you give us an example of what that would be? Kate Aanenson: Swing set. Those sort of things. A dog run. Those sort of things. Mayor Furlong: But a gazebo would not be allowed? Kate Aanenson: If it ’s over 100 square feet, those usually require a building permit. So if somebody did a smaller fire pit or something like that. Typically it just depends on the size that would require a permit. Mayor Furlong: And what ’s the measurement or the distance on Lot 1 there? From the southerly property line to the north end of the primary zone. What ’s that distance? The orange segment from the, yeah. Right in there. Kate Aanenson: I believe it ’s 70 feet. Mayor Furlong: 70? Kate Aanenson: (Yes). Mayor Furlong: Okay. And then the green is another 40? Kate Aanenson: I believe so. Mayor Furlong: So about 110 then from the property line. Kate Aanenson: Well the 70 ’s a no, would only be the demarcation of the 40 would then be that kind of the buffer that you ’re trying to not to put a principle structure in. Mayor Furlong: Or even 40 feet next to that. Kate Aanenson: Yeah, for the principle, correct. So you have a back yard, correct. Mayor Furlong: Okay. Alright, thank you. Any other questions for staff at this time? Is the applicant here this evening? Is there anything you ’d like to address the council on? Okay. Any questions for the applicant? Councilman McDonald: Yeah, if the applicant wouldn ’t mind coming forward, I have a couple questions. This Lot 3, what kind of home do you intend to build on there? How many square feet and, because when I look at this you don ’t have a lot of room there. Marty Schutrop: Actually the building pad is I would say, I ’m not sure what we drew those at but they ’re I would say at least what, 2,400 square foot building pads. Chanhassen City Council – June 10, 2013 7 Kate Aanenson: Yeah, they ’re pretty substantial I would say. Equivalent to what we have in Longacres or bigger, yeah. Marty Schutrop: But right now there is no plans for the house plans for the building. I mean whatever I do do has to be, has to stay within that little postage stamp area that they ’ve given us which. Kate Aanenson: It ’s this area here. Marty Schutrop: Yeah, I mean we can fit it in there. You know we weren ’t, I mean the green part was thrown on us. You know we didn ’t, I wasn ’t aware of that part and that was one of the staff proposals I think that we saw after the Planning Commission meeting so. Councilman McDonald: Well I guess I ’m really concerned about Lot 1 because I just don ’t see a lot of room down there. And what I ’m looking for is, what ’s the homeowner going to end up doing. I mean you can probably put a pad on there and you can put a house on there but then what can a homeowner add? Marty Schutrop: They can have a yard. It ’s mostly trees there so the trees are just going to stay and very minimal yard area in the back. Councilman McDonald: So you wouldn ’t be looking at building a deck or doing anything as far as landscaping? Marty Schutrop: Well there ’d be a deck but we ’d pull the whole thing to the south and to the west. The whole house pad. Kate Aanenson: Can I ask a question because I ’m not sure. Mayor Furlong: Sorry, are you looking at 3 or, Lot 3 or Lot 1? Kate Aanenson: Yeah. Marty Schutrop: One. Kate Aanenson: Well that lot is again, that lot with outside of that on Lot 3 was 30,000 square feet so if, even at this if you wanted to put a deck, I mean the lot ’s 30,000 square feet. That ’s double the size of a typical lot, which would be, you could put a 5,000 square foot home on there. We ’re just saying if you pull it forward, there ’s a significant amount of trees. The further back you go the more you cut down trees also to put the driveway in so that ’s what we ’re saying. We want to look at those. They ’re custom graded. What works best for whatever your buyer wants, which you don ’t know. Whether they want a ramble or a big two story so we ’ll look at that on a case by case basis but we ’re just saying that we think if we can pull these out, and this same map went to the Planning Commission so I just want to be clear on that. Marty Schutrop: Yeah well and yeah, I didn ’t see it until then. Kate Aanenson: Okay, yeah. Marty Schutrop: The green part. Chanhassen City Council – June 10, 2013 8 Kate Aanenson: Okay. So all we ’re saying is just pull these forward. The lots are 20, almost 30,000 square feet so we ’re just recommending that we pull it forward to give the buyer some flexibility and again we ’re going to look at it on a case by case basis. No one ’s saying that ’s where the house will go. The buyer may not want it there. They ’re going to be custom graded. Councilman McDonald: Well I guess what I ’m looking at is, you know we had the problem in Pinehurst. They built lots this way that we put restrictions on and suddenly you can ’t be building decks. You couldn ’t put boulder walls in the back. You couldn ’t do landscaping and we went through a lot of trouble and the buyer was under the impression they could. It ’s up to the builder to tell them they can ’t but then again when people are building houses they sometimes don ’t hear all that and they don ’t understand about what these restrictions are upon them and then suddenly they come back to the City and they ’re all upset. What I ’m asking is, you know is this reasonable for you to be able to put a house on there and then someone be able to move in and they ’re going to do what most people in this city do. They add decks. They add patios. They add stuff in the back that again will start to encroach in this area and we ’ve got to tell them you can ’t build there. Marty Schutrop: That ’s why there ’s rules when you submit a building permit so. Councilman McDonald: That ’s fine when you submit a building permit but most homeowners don ’t and that ’s a reality that we have to deal with. Marty Schutrop: Well that ’s, I wouldn ’t, I ’m a contractor so I guess I wouldn ’t know that so. Anything I would build has to have a building permit so. Councilman McDonald: Right, but what I ’m looking at is the eventual homeowner and what kind of a problem are we creating for ourselves in the future. Marty Schutrop: Well if it was my preference I would get rid of the green zone because I, I mean there ’s so much buffer zone. There ’s so much protected. I mean Outlot A is almost you know three quarters of an acre that we ’re donating to the City. Kate Aanenson: Well let ’s clarify that. You ’re not having to pay stormwater fees in lieu of that donation. Marty Schutrop: Right. Yeah but I ’m just saying is that when you look at the acreage of this site and when you look at, there ’s only two additional lots on it. That ’s a very minimal use of that acreage so it ’s very, it doesn ’t impact the site dramatically. And the amount of trees that we ’re going to be taking out on Lot 1 is minimal and then Lot 3 they ’ll just be, you know just enough to take the, you know to put the house in there and that ’s just the way, because it ’s a wooded site so. But as far as keeping somebody, there ’s no rule you can do to keep somebody from building or doing something that they want to do. I mean you can ’t. Councilman McDonald: Well yeah, there ’s no way you can stop them from doing it but then we go tell them, you ’ve got to tear it down. That ’s not the position I think the City ought to. Marty Schutrop: Well then maybe we shouldn ’t let them build at all. I mean that ’s kind of where you g e t and I ’ve lived in this city for a long time and I know that people do what they want to do you know but you can ’t, I mean you can make all the laws you want but people are still going to break them so. Councilman McDonald: Well again what I ’m trying to get at is, what would be a reasonable thing to do for this particular lot because I just don ’t believe you ’ve got enough there to put a house on there and then be able to have something for a homeowner to do something with their property with. That ’s all I ’m Chanhassen City Council – June 10, 2013 9 trying to get at. Marty Schutrop: Well if you pull those pads forward you still have plenty of room within those pads to do a house and a deck. Councilman McDonald: Okay, and how far forward are you talking about going? All the way up to where the driveway ’s at so you would shift the house toward the front where 41 ’s at? Marty Schutrop: Yeah, well that ’s what the City is, they ’re proposing is that we have to pull those. Kate Aanenson: Just forward slightly. Marty Schutrop: Forward a little bit yeah. Kate Aanenson: Again the lots are 30,000 square feet so I mean these are pretty large ones. Councilman McDonald: Well yeah it ’s a lot of lot but it ’s the shape of the lot. That ’s what I ’m getting at. It ’s long and narrow. You ’re hemmed in on the sides as to what you can do. Kate Aanenson: I think part of the problem is we ’re being, we ’re reviewing this when we don ’t have a plan in front of us. Marty Schutrop: Right. Kate Aanenson: So what we ’re saying is that we want to create a buffer. So if you take the green buffer away and say stay out of the orange one, now you ’re stuck with the same problem. Is someone going to stay out of the orange buffer so the goal is to say, let ’s pull the house forward slightly and then give them enough room to operate. To provide them flexibility on the lot. Again we don ’t know. That ’s going to be the orientation of the house. They ’ve kind of looked at a base where they think the garage should go based on some of the grading, which we looked at too. Kind of what would be a typical but again these are, you know besides Wynsong some of the largest lots we ’ve done in the city for quite a while so there ’s a lot of flexibility. Councilman McDonald: Maybe that ’s the question. Why is the orange so large? I mean you explained where Bluff Creek is at and everything and that ’s a large area that ’s been taken out for the overlay there. Why is that? Why don ’t we push the whole line back towards the back of the property line? Kate Aanenson: Well because the whole area was in the Overlay District. We walked it and defined where it should be based on existing topography. Again this has the knoll that provides some noise attenuation. Some buffering so. Marty Schutrop: Yeah and my preference was to actually, when we originally looked at this property was to add another lot too but because of the knolls and the trees and the stormwater and all that stuff, we ended up just going with just two additional lots instead of three. Kate Aanenson: Right, let ’s be clear on that too. The city ordinance only allows 4 homes off of a private drive so there was already one so you could only have 2 more. Marty Schutrop: Right, so I mean yeah. I mean. Mayor Furlong: And this is a shared drive with the property to the north, correct? Chanhassen City Council – June 10, 2013 10 Kate Aanenson: That ’s correct so that ’s your fourth, correct. Marty Schutrop: Well we could have made, instead of doing Outlot A we originally were just going to make Lot 1 bigger but I ’m not sure where that orange line would be and again as a, somebody ’s that ’s trying to develop it we ’re kind of, you know we ’re trying to work with the City and we ’re trying to meet all these rules to at least get one more lot there so. Mayor Furlong: Mr. Laufenburger, did you have a question? Councilman Laufenburger: Kate, can you give a pretty close dimensions. I ’m looking at Lot 1 and what is the, what is the distance from the edge of the green to what must be a setback from the property line adjacent to the property two? What ’s the width of that buildable? The white space is buildable right? Kate Aanenson: Correct. Councilman Laufenburger: Yeah, yeah. So what ’s the width there? I ’ve got to believe that ’s got to be maybe 70 or 80 feet. Can you tell? Kate Aanenson: On Lot 1? Councilman Laufenburger: On Lot 1, yeah. Kate Aanenson: Well it ’s 120 across the front so minus the 40. 80. Councilman Laufenburger: So 80 and what ’s the setback from the property line, 10? So that ’s 70 feet so if you built a 70 by 70 , that ’s 4,900 square feet. You ’re going to build smaller than that aren ’t you? For a foot print. Marty Schutrop: Well I don ’t know. I mean yeah, of course more than likely it ’s going to be a lot smaller than that but that ’s what I ’m saying, it ’s kind of deceptive when you look at that. You look at well there ’s just this little spot but it ’s the pad. I think our pads are drawn at, aren ’t they drawn at like 50 by 50? Councilman Laufenburger: It ’s looks like that ’s drawn about 60 by 40. Kate Aanenson: Yeah. That ’s. Marty Schutrop: Our lot pads are 50 by 50, yeah. Mayor Furlong: And I think there ’s that buildable area in the white area. What I ’m hearing from Mr. McDonald too is the homeowner ’s use of the property after it ’s built. Councilman Laufenburger: Yep. Mayor Furlong: And from structure standpoint as well as just other uses. Marty Schutrop: Well and the homeowner is allowed to use that property and mow it and put you know lawn furniture in the green zone. Councilman Laufenburger: Mow it? Mow it? Chanhassen City Council – June 10, 2013 11 Marty Schutrop: Well yeah they have to mow it. Councilman Laufenburger: Flowers and stuff like that in it? Marty Schutrop: Well and there ’s nothing restricting that so, it ’s just basically saying you can ’t put a structure in that area. That ’s all it ’s saying. Councilman Laufenburger: A structure that requires a permit. Marty Schutrop: Right. Put a garden shed in that area if it ’s just for like a storage shed for a lawnmower. That doesn ’t impact it but what the City is saying, you c an ’t build a, you know a garage back there or something that requires a permit so. Councilman Laufenburger: Can you just, you didn ’t identify yourself right at the beginning. Maybe that would be worthwhile. Marty Schutrop: Right, Marty Schutrop. I ’m the. Councilman Laufenburger: Thank you. Marty. Mayor Furlong: Thank you. I ’m sorry. Councilman Laufenburger: If this development goes forward, is it your intent to comply with the City guide lines and the City rules and ordinances? Marty Schutrop: Well obviously, yes. As a building contractor if I don ’t I ’m in trouble so. Councilman Laufenburger: Just wanted to clarify that. Marty Schutrop: No, and I ’ve worked with the City for many, many years and I ’m in good standing with them. You know I would prefer not to have the green zone either and be less restrictive but from what I understand there ’s really no negotiation on that green zone with the City, as I understand it so. Councilman McDonald: Well and again the thing I ’m looking at, if we ’re looking at trying to set that house back to attenuate for noise and everything from 41, we just took a lot of space away from you and we just pushed it up towards 41. And I guess all I ’m looking at is, again someone ’s going to show up here, maybe all 3 of them will show up here and they ’re going to complain about the restrictions that ’s placed on their lots and they ’re going to be upset that all they get to do is mow it and then pay taxes for the rest of it. You should have use of your property and we ’ve done that on all other locations. I ’m just trying to understand why this one is different and why we ’re restricting it. I mean that ’s a lot of property that we ’re taking away and you ’re telling me it ’s okay with you. Marty Schutrop: It isn ’t okay with me but you know when you ’re in a position where you want to get, just get it through, I mean you could fight for 6 months to a year to get something like this taken out and that, all that time costs us time and money to try to develop the property so. Councilman McDonald: Well you don ’t have to fight 6 months to a year. You make your case before us tonight and we can do something about it. If you don ’t have a case to make then fine, I ’m going to go along with the staff ’s position. Chanhassen City Council – June 10, 2013 12 Marty Schutrop: Well my, yeah and again my case to make is that I don ’t want to delay the project any longer than I have to but yes. My intent when we placed them back there was to get them farther away from the existing roads and the farther back you get on those properties the quieter it gets. The one existing house on Lot 2 is you know, there ’s a lot of noise in the front of that house because it ’s you know right up against 41. Councilman McDonald: Right against the road. Marty Schutrop: So my, yeah. I would prefer to put it back but you know whoever buys those properties is going to decide where they want the house and they might want a bigger back yard so they might pull the house forward. Mayor Furlong: And use the house to block the noise for the back yard. I guess the question, Ms. Aanenson with the Wynsong development we were looking at conservation easements there and we ended up changing that to a, I don ’t recall what we called it. Was it a preservation easement or something like that? I think that ’s one comment because I think to Mr. McDonald ’s concern, which I agree with is the homeowner ’s use subsequent to the building. I think we can deal with setbacks and such like that and you can find a place but it ’s that use afterwards. I think one thing that maybe we can consider is to take away a conservation easement and put the preservation easement in there which gives the City then, Mr. Gerhardt we ’ve talked about this before. In fact I think we all talked about it with Wynsong. It gives the City the opportunity, if there ’s a reasonable request for use in those areas, to provide an encroachment agreement and we do that quite a bit and I think even in that case, that preservation easement was taken in lieu again of the stormwater management fees. Clearly I think, well with regard to Outlot A, that ’s going to be dedicated to the City, correct? Is that correct or is it going to be maintained? Marty Schutrop: Haven ’t done it yet but that ’s the intent so. Kate Aanenson: That ’s the recommendation because it ’s in lieu of the stormwater fees. Marty Schutrop: No, but we do have the option to pay those stormwater, the fees and not donate it to the City. Kate Aanenson: That ’s true and then we ’d have to kind of review that. Where we would manage those stormwater on the site so then we ’d have to kind of go back and revisit the plat. Mayor Furlong: Well but. Kate Aanenson: Can I just make one point of clarification? The staff is recommending altering the conditional use for the Bluff Creek Overlay District because this whole property is in the Overlay District which we agreed was probably not the best way to handle it so what the ordinance says is that we go back and we walk it. So we had all, the stormwater, forester and a planner go walk it to determine where we believe that it should be revised so it has been reduced down to the entire property to get to where we are today. So if we ’re going to modify then, we ’d also have to modify the conditional use if we ’re going to take the Overlay District off completely. Then we would want to modify that too. Mayor Furlong: Yeah and that ’s, I guess taking it off completely is one consideration. I ’m just thinking that if it stays on there, if the orange area stays, that instead of calling it a conservation easement over that area, we look at a preservation easement which may address some of Mr. McDonald ’s questions of use. If a resident has a use in those areas, it ’s something that we could deal with at the City through an encroachment agreement. Chanhassen City Council – June 10, 2013 13 Kate Aanenson: Just a point of clarification again then I ’ll ask the City Attorney to speak, because we ’re calling it the primary zone because we ’re altering the Bluff Creek Overlay District that was defined as a primary area and secondary zone is how we ’ve identified it on this map so if you ’re not calling it the Overlay District and calling it preservation, then we ’re further modifying the conditional, which is fine. I just want to make sure we ’re clear on what we ’re doing. Marty Schutrop: And for me too the, I mean w hen, if we didn ’t have the green zone, what I would do with Lot 1 is I would try to turn the house a little bit to pull it a little farther away from the other house so they aren ’t crammed together you know 3 in a row too so that ’s, and one of the reasons we made Lot 1 120 feet was so that we can get a little more distance from the other house. The existing house on Lot 2. But with this it ’s going to be pretty much up to the setbacks to be able to fit a house on there so. Mayor Furlong: Is it your intention at this point to keep house 2 as it is? Keep the existing house. Marty Schutrop: That ’s, yeah. That ’s already, that ’s not going to change so. Mayor Furlong: I guess Ms. Aanenson, to answer your question, and maybe this is something for clarification for me and the rest of the council. If the orange area remains the primary zone, as I understood the staff report there was going to be a conservation easement over the primary zone. What I ’m asking is when we had a, similar to the other development, instead of a conservation easement over the primary zone, put a preservation easement over the primary zone. Preservation being a city controlled easement as opposed to, as I understood it from Mr. Knutson, conservation easement has statutory and other restrictions that take the control out of the city and. Roger Knutson: That ’s correct. Mayor Furlong: So, so it ’s not necessarily, I mean I have concerns any time we start putting easements over private property. I understand sometimes we have to do it. I understand setbacks and while they limit the area that you can build in, what I ’m trying to do is, and I agree with Mr. McDonald, from the City and the contractor ’s standpoint you ’re trying to, and I think you even used the word negotiate. You ’re trying to negotiate what ’s workable. Kate Aanenson: Right. Mayor Furlong: And the thing that we want to keep in mind too is, eventually a family ’s going to move in here and they ’re going to want to use and enjoy the property and so how do we give them some flexibility on that use and enjoyment that isn ’t too black and white restrictive. Councilman McDonald: Not too restrictive. Kate Aanenson: Right. Mayor Furlong: A preservation easement providing some reasonable uses is something that, might be a way to look forward to here. If there ’s not a desire to move the lines, then how do we keep the lines there and provide some more flexibility to the home, the ultimate homeowners and residents that are moving in there? So that ’s one thought I have. I think you know with regards to Outlot A, whether that ’s dedicated or not, as this is being proposed, there would be an easement preservation as I ’m suggesting, or conservation over that area in any event and so, and that would not be, that would remain as an outlot. It ’s non-buildable, correct? Kate Aanenson: Correct. An outlot would be not be buildable, correct. Chanhassen City Council – June 10, 2013 14 Mayor Furlong: So to do anything with that they ’d have to come through an entire process. Kate Aanenson: That ’s correct. Mayor Furlong: From a use other than just keeping it as it is. And that would require City Council approval, if I ’m not mistaken, for an outlot. For any use to an outlot. Kate Aanenson: That ’s correct. Mayor Furlong: Since there ’s no plat or anything on that at this point so that ultimately, Mr. Schutrop is always your decision there. So maybe Mr. McDonald, I mean I agree with you. The less orange and green on this map the better I think for the use and so maybe that ’s one way on the orange area to look at a preservation easement with the idea being that some reasonable uses in that area would be okay. Marty Schutrop: Well in the orange area I totally understand that. That ’s not an issue. The green area is, like you said, I was surprised to see how much was green because it does restrict what somebody can do to the property and the reality is, is that there ’s so much orange. I mean I don ’t know. Again I don ’t really have the authority to say this or that with it so but I would prefer if the green area wasn ’t there. You know the only part is I prefer to have the houses back farther just away from the other house. And by pushing them up farther it ’s just going to get them closer to 41 which is not going to be the best. I think a homeowner ’s going to complain more about that. Councilman McDonald: Right. Marty Schutrop: Then they are about anything. Just having to go so far forward when they have so much property behind them so. Councilman McDonald: Well I ’ve been on the house on Lot 2 out in the front quite often and it is noisy. Marty Schutrop: It is in the front. The back is really quiet but the front is very noisy and it sits up on the top too so it catches more noise. Councilman McDonald: Right, but if that one is going to remain the way it is, then it is what it is. But that ’s why I ’m asking a question and then if we go to what the mayor is talking about, preservation easement, then does the green go away and the yellow shrink or orange shrink or what happens? Mayor Furlong: I don ’t know if the green goes away. If the orange is still the primary zone, does our current ordinance require a 40 foot setback from the primary zone? Kate Aanenson: Correct. Mayor Furlong: That ’s what our current ordinance says. Kate Aanenson: Yes. Mayor Furlong: So we ’d have to. Kate Aanenson: Right. But what we ’re saying is that, it ’s an area that you know again, as a setback you can ’t put a permanent, a structure that requires a permit but you can use that property but protect that so. Chanhassen City Council – June 10, 2013 15 Councilman Laufenburger: Well, Mr. Mayor? Mayor Furlong: Yes, Mr. Laufenburger. Councilman Laufenburger: Kate, do I understand this correctly? If the nomenclature that we put on the orange changes from conservation to preservation easement, the green stays. The green setback stays, is that correct? Kate Aanenson: (Yes). Councilman Laufenburger: And you can ’t build a permitted structure in the green. So what are we accomplishing by changing that from a conservation easement to a preservation easement? Y es, we as a City Council could make a decision to adjust the lines or could we also make a decision to relieve the setback rules? Is that something we could do with the green? Kate Aanenson: I ’ll let the City Attorney respond to that one. Roger Knutson: If the City Council changed the rules on the primary zone and the setback, if you had a conservation easement it would be, you couldn ’t implement those changes. Councilman Laufenburger: Because the conservation easement is statute oriented. Roger Knutson: Yes. Councilman Laufenburger: But the preservation easement is council. Roger Knutson: And so you, the council could approve an amendment to that as well. Councilman Laufenburger: And that amendment could include adjusting the lines of the green setback. Roger Knutson: Yes. Councilman Laufenburger: Thank you. Mayor Furlong: Yeah. Councilman Laufenburger: I think that answers my question. Mayor Furlong: There ’s flexibility and with regard to the location and the lines I guess that ’s part of what ’s being discussed here as well. Councilwoman Tjornhom: Mr. Mayor? Mayor Furlong: Yes, Councilwoman Tjornhom. Councilwoman Tjornhom: Is it going to cost the contractor any more money by doing that? Changing that. No? Mayor Furlong: To a preservation? No. I think my thought is, and I think it ’s similar to what we discussed with the Wynsong development was that, where there was some stands of trees and areas that were being maintained in lieu of payment of stormwater management fees, which is what is being Chanhassen City Council – June 10, 2013 16 proposed here as well. That it was a preservation rather than conservation so if somebody, if the homeowner wanted to do a small type of use in that area and it still was okay, it was reasonable, then that was something that the City could grant, which we would not be able to do if it was a conservation easement. As I recall with that development. Kate Aanenson: That ’s correct and those preservation easements would be developed and ready to, you ’d see those with the final plat. Mayor Furlong: Right. Kate Aanenson: When it would come back. Correct. Mayor Furlong: Yeah. Councilman McDonald: Then let me ask the developer, if we go and do all that and we do something about the green zone, what does that do for that lot, Lot 1 and also for Lot 3 as far as now housing? Would that change the pad? Marty Schutrop: I don ’t think it ’s going to change the size of the house that ’s put on there. It ’s just going to maybe change the position of the house is all it ’s going to change. Councilman McDonald: Okay, and at that point does that give a future homeowner more use of their property if they want it? Marty Schutrop: I think it gives them more flexibility because again you can turn the house maybe a little bit more or orientate it better because you ’re not stuck with just that narrow strip right there. I think it would actually position the house better if you had a little less green zone on it and a little more, you know just, and I ’m not saying enc roaching you know. Even if you, it doesn ’t have to be that much. It just has to be enough, like you said. Right now you ’re basically 70 feet minus 10 so you ’re at 60 foot. You have a 60 foot strip that you can build on and when you look at the size of that lot, that ’s not a very big strip to build on so. Councilman McDonald: Right. Mayor Furlong: I ’m sorry, you ’re saying the white, the width of the white area on Lot 1? Marty Schutrop: Yeah, that ’s because you have a 10 foot setback. Okay, so you have 120 feet minus 40 so that gets down to 80. Councilman Laufenburger: That ’s 80. Marty Schutrop: Okay, 80 feet minus 10 so that ’s 70 feet that you ’ve got a variance there. I mean I prefer not to put on a house 10 feet from the lot line either. I would prefer to put it 15 or 20 feet away to give it a little more space between the two homes so. Mayor Furlong: Yeah, how far is the existing home north of that lot line, do you know? Marty Schutrop: Well what we did was we moved part of the reason we put the lot line there is because I wanted to allow the homeowner that bought the existing house to be able to add a third stall so we allowed for that on that property so we allowed for a third stall and still made the setback because that ’s one of the things people are going to come in and it ’s a two stall garage. They ’re going to say well I want Chanhassen City Council – June 10, 2013 17 to add a third stall garage and if I didn ’t position it right, they wouldn ’t be able to do that so in order, that ’s why we, so I could. You know at this point I could move the lot back 10 feet again but then I have to replat the whole thing so. Councilman Laufenburger: What ’s your additional stall, is that about another 20 feet? Is that about right? Marty Schutrop: No, it ’s like 10 feet. Councilman Laufenburger: Oh, okay. Mayor Furlong: Do you know what the current distance is between the southern lot line of Lot 2 and the existing house? Marty Schutrop: It should be, I think it was. Kate Aanenson: Well it ’s 10 feet to here so. Probably 30. Marty Schutrop: 25 or 30 feet, yeah. Kate Aanenson: Probably closer yeah, 30. Mayor Furlong: So Mr. McDonald let ’s, I understand with what you ’re saying on the green area. Unless we want to move the orange, since our current ordinance says that 40 foot. We ’d have to move the orange I think it move the green. Am I, is that not correct or. Todd Gerhardt: Reduce this down to move this, this way. Roger Knutson: You would have to reduce the orange. Mayor Furlong: Because the current ordinance, yep. Roger Knutson: These are established by ordinance so you ’d. Marty Schutrop: Well and one of the questions I had was why there was more on the south border versus the east border as far as the orange. The primary zone so and I guess I wasn ’t really, I mean it ’s one of those arbitrary things that was put out that I don ’t really, it ’s, and I don ’t know as I haven ’t worked in this type of a zone before as far as the Bluff Creek Overlay but I don ’t know how that ’s determined and I ’m sure Kate knows more than I do. Mayor Furlong: Do you want to respond? Kate Aanenson: There ’s a significant wetland. The high quality wetland immediately to the south on that so I ’m assuming that ’s some of the factor that went into it. This is heavily wooded back behind here but this is the wetland area. If we go back and look at the. Todd Gerhardt: Do you have the air photo. Kate Aanenson: Yeah, we can go back to this. Chanhassen City Council – June 10, 2013 18 Roger Knutson: And the zones are delineated on the Bluff Creek Water Management Plan so you ’d have to change, which is incorporated by reference in your ordinance, so you ’d have to start by changing that. Kate Aanenson: Yeah. Mayor Furlong: Well I think the current line covers most of the property, or is that the far north end? Kate Aanenson: Right, I guess that ’s what I ’m saying. When we negotiated that ’s what we started. It seems pretty heavy handed to have the whole thing in there so this was our first thing to say. Well let ’s see what we can do to make this reasonable and that ’s when we walked it so you can see this is where the wetland is. Along this portion of it here. A pretty significant wetland here and then this is that high knoll and we looked at where the significant trees were on the property. Trying to build within that envelope that we looked at there so. So that ’s where that came from. I ’m assuming that ’s it. Again that ’s using the field walking of the property with, it ’s not just the water. It ’s also the quality of trees. Slopes. All those things go into factor defining that line so we started with it being over the entire piece and said let ’s pull that back and. Mayor Furlong: Okay. Any other questions? Councilman McDonald: Well just so I understand. So if we want to affect the orange, that ’s really a separate meeting because now you ’re telling me we have to go into the Bluff Creek Overlay ordinance and change something there, is that right? Mayor Furlong: Well if I ’m not mistaken, with this approval we are effectively changing . Roger Knutson: Yes. Kate Aanenson: That ’s correct. Mayor Furlong: The line for the primary. Kate Aanenson: Correct. Mayor Furlong: Because the current primary line runs along the north edge of the property and actually. Kate Aanenson: Covers the whole thing, yeah. Mayor Furlong: A little bit of 3 and then everything south of Lot 1, 2, most of 3 and Outlot A are all within the current delineation of the primary zone. Councilman McDonald: So then we could push it back even further then? If we ’re already pushing it back, what ’s to stop from pushing it all the way down to the lines? Mayor Furlong: Yep. Councilman McDonald: And I guess, I mean my feeling is that again just knowing how people do things, I think we ought to at least accommodate a future homeowner and allow at least some flexibility and freedom as to placing a house on that lot because 41 is a noisy road and I ’m not trying to help the developer but I am looking for a future homeowner. I wouldn ’t want to live, I wouldn ’t want to be pushed out toward 41. I wouldn ’t buy the lot and there ’s probably a lot of people that would feel the same way. Now granted there ’s someone for everything and eventually you ’ll find someone but then Chanhassen City Council – June 10, 2013 19 they ’re going to want to add stuff so they can use the back yard and that ’s going to come into conflict with our ordinances and stuff and we ’re just going to end up fighting with them. Marty Schutrop: Well and we could take Outlot A, we could move that line back maybe 15 feet to the south and then that, and still keep the green zone just to allow, I mean the line, when we set the 120, 120 feet on Lot 1, I wasn ’t anticipating that they were going to take another 40 feet from that outlot line and so that ’s kind of, I guess we weren ’t really aware of that when we were designing it so. Councilman Laufenburger: But isn ’t it true Marty the, you ’re releasing Outlot A is in lieu of paying the, is it the surface water fees, is that right? Kate Aanenson: That ’s correct. Marty Schutrop: Yeah. Councilman Laufenburger: Right, right. So I understand that the placement of the orange line is really the judgment of staff based on the forester, the water and the planner walking it, right? Am I saying that correct? Kate Aanenson: That ’s correct. Marty Schutrop: But see you could still move that line and have the green zone and still nothing ’s going to be in that area. I mean there ’s not going to be any buildings down there anyway. It ’s too low down in that area so. The house is going to be shoved up kind of where it is a little bit anyways. Councilman Laufenburger: But I think we can accomplish what you ’re suggesting by naming the orange a preservation easement. That would give the council the ability to have flexibility of moving the lines or moving the thickness of the green. Am I saying that correct Mr. Knutson? Mayor Furlong: Putting a preservation easement over the orange. It would still, we ’re still doing it as a primary zone. Councilman Laufenburger: Right. But it ’s a primary zone as a preservation easement as opposed to a conservation. Mayor Furlong: Right. Councilman Laufenburger: Because a conservation easement, it ’s rules are guided by statute whereas a preservation easement is guided by council decision. Mayor Furlong: And maybe that Mr. McDonald provides a flexibility because as Ms. Aanenson said, this is being proposed without a specific plan in place and so maybe you know I ’d be comfortable keeping the orange and the green where they are tonight with a preservation easement for the reasons Mr. Laufenburger mentioned, which if there is something specific or something, when we have something specific in front of us to consider, then we could look at that. I think the preservation easement also provides that flexibility if everything goes forward with this, and I think you know to Mr. Laufenburger ’s point, staff by moving these to where they are has already accommodated the property from the original delineation of the primary zone, and I think appropriately and I ’ll put it on record, thank you for doing that because to say it ’s all in the primary zone makes it a little difficult for anything. So I think a lot of what the preservation easement provides is flexibility to the homeowner. To the future homeowner if there ’s room to work it in there. If something specific comes up that we don ’t know of now because of a Chanhassen City Council – June 10, 2013 20 specific plan, then that can be dealt with at the time. If that makes sense. Because I think that would provide future flexibility to the homeowner. It keeps the control of that easement in the control of the City so if there ’s a reasonable use that may not fit something else, that ’s fine but it still respects the work that ’s already been done here. Councilman McDonald: Well but at that point does that allow the builder then to do what you ’re talking about as far as moving the pad a little bit further or a little bit deeper into it and turning it sideways and then the homeowner would have a use of that property if it ’s a permitted use? Councilman Laufenburger: Well it doesn ’t, Mr. Mayor it wouldn ’t allow the homeowner or the contractor to do that without first coming to the council. Councilman McDonald: Without coming back to, right. Without coming back to the council. Councilman Laufenburger: Yeah, we would like to be out to the, Marty might come and say we want to be into the setback area 10 feet or 12 feet and then we would then make the decision. W ould we allow that? And the answer would be yes or no. Is that how you ’re interpreting that? Councilman McDonald: Sounds fine to me. Mayor Furlong: Ms. Aanenson, does this? Kate Aanenson: I think that ’s fine. Again you know most people want a side loaded house. I think more than likely it ’s going to kind of be at that orientation. Marty Schutrop: Well no what I ’m saying is that you ’d just take the house and maybe pivot it so that it ’s not facing straight parallel to the lot line. Kate Aanenson: Correct. Marty Schutrop: That you can maybe turn it and make it more of a. Councilman Laufenburger: Not unlike the house in Lot 2 which is turned at a little bit of an angle. Kate Aanenson: Correct, yep. Mayor Furlong: And these will be custom designed homes I assume. Marty Schutrop: Yeah, they ’re all custom and same with the grading on these lots. They ’re all custom graded lots. Mayor Furlong: So there ’s nothing that says the wall of the house has to be straight either. I mean there can be. Marty Schutrop: Yeah well and again, it ’s homeowners what they ’ll push the envelope no matter what you give them so. Kate Aanenson: You know I think we understand what the developer ’s goals and the flexibility and certainly pulling the house forward. If this person puts a garage on, people want the separation. You know it ’s a little bit different when you have a larger lot that there ’s an expectation so we understand that. I think that ’s how we built it. That ’s where we started from. You know it ’s all in the Overlay District. Chanhassen City Council – June 10, 2013 21 Trying to find that match and it appears that we ’re not quite where some people would like it but I think we understand, you know we want to get a good product out here and make it work and I think we can deal with it, work with that. Todd Gerhardt: Mayor, council. Mayor Furlong: Yes. Todd Gerhardt: Staff can sit down with Mr. Schutrop and work out the details. I think we got good direction from council tonight and when we bring back the final plat we ’ll show you what we come up with and work with Mr. Schutrop and getting these are custom lots and fitting them in. We may move you know, as Marty brought up, Outlot A to the south or maybe reducing the preservation easement a little bit but kind of move them around to see what works best. Marty Schutrop: Yeah well and actually on Lot 3 the bigger issue is that if we didn ’t have the primary zone on that lot at all, which I mean the City owns all those wooded acres to the east. That would give that lot a lot more flexibility too because that ’s all heavily wooded and a very kind of a steep side bank on that and it would be better actually if I had a little more room to position that house in for grading and drainage too so that would be, when I look at that, that ’s probably the, a better option on that lot too so. And like I said, the wetland is so far away from there it really doesn ’t impact it at all. Councilman McDonald: Right. Mayor Furlong: Okay. The request tonight is for preliminary approval, is that correct Ms. Aanenson? Kate Aanenson: That ’s correct. Mayor Furlong: Okay. If, with regard to what ’s been discussed here. I know there ’s some conditions in the, there ’s some statements in the conditions that talk about conservation easement versus preservation easement. There ’s signage being requested and such like that so, is that something that we need to delineate those changes tonight or? Kate Aanenson: My understanding anywhere it says conservation that you want that changed to preservation. Mayor Furlong: I think that ’s what we talked about. Kate Aanenson: Correct. Correct. And then as the City Manager stated we ’ll look at those. Revisit those definitions of where they ’re aligned. Mayor Furlong: And then 7 talks about some signage on the property as well. Kate Aanenson: We ’ll revisit that too. Mayor Furlong: Okay. Okay. So and I think 11 talks about, well this is probably. It deals with the conservation easement again and so that will be dealt with under. Kate Aanenson: Yeah. Mayor Furlong: What some uses will be for the homeowner. Okay. Alright, thank you. Chanhassen City Council – June 10, 2013 22 Marty Schutrop: Thank you. Mayor Furlong: Our questions and comments kind of merged together there but I think we ’re moving towards a conclusion which is ultimately our objective here so other thoughts or comments on the proposal. Overall I ’d like to thank Mr. Schutrop and staff for working together and trying to come up with something that ’s workable for everybody here and I think I know the Planning Commission spent some time on this as well and got into a lot of the details about the tree coverage and drainage areas and things so I appreciate their efforts but if there ’s other discussion or comments, that ’s great. Otherwise maybe we could go forward. Mr. McDonald would you like to work on a motion? Or did you have some questions? Councilman McDonald: Well no I was just going to say, yeah you were thanking everybody for working together and I do want to you know thank staff for again, you ’re right. You could have just said the whole thing ’s in the Bluff Creek Overlay and that would have been the end of it but yeah, I just. And the only reason I bring it up is because again I do want to look at someone who ’s going to live there, I would like to give as much flexibility to the homeowner as possible and I know that makes your job easier if you ’ve got flexibility so that ’s the only reason I really bring it up and is to just look at that particular area within those lots. I mean that ’s what I was trying to get at was again the buildability as it was being portrayed with those lots just seemed out of whack and that ’s what I wanted to look at so, I want to thank everybody for working together. Mayor Furlong: Thank you. Councilman McDonald: And then as far as putting a motion together, can I get with the City Attorney? Mayor Furlong: We ’ve got a proposal in front of us. Maybe we can start with that and then make sure that the comments are incorporated or however. Councilman McDonald: Well I guess as I understand it we ’re going to change within the findings anything that talks about conservative. Councilman Laufenburger: Conservation. Councilman McDonald: Conservation to preservation so we ’re going to change those wordings around. Mayor Furlong: In the conditions as well. Councilman McDonald: In the conditions as well. And then what was the one about the signage? Councilman Laufenburger: Point number 7. Mayor Furlong: Point number 7. Councilman McDonald: Point number 7 would be relooked at? Mayor Furlong: Yeah. And the question there is just signage on the property as opposed to the property line perhaps. Councilman McDonald: And then there ’s really nothing else is there with beyond that? Mayor Furlong: I think that will, is that, will that cover what we ’ve talked about here? Chanhassen City Council – June 10, 2013 23 Roger Knutson: And then you move the items. Mayor Furlong: Yep. So if you want to make that motion. Councilman McDonald: I ’ll give it a shot here. Okay, City Council approves the rezoning, preliminary plat with variances and conditional use subject to conditions in the staff report with the changes to the use of the wording for conservation easement to preservation easement and also to look at point 7 which talks about signage and to relook at that and address that based upon conversations between staff and the developer. And also within the Findings of Fact to adjust those to what I just talked about with the two different easements. Is that close enough? Mayor Furlong: Incorporating our comments. Thank you. Councilman McDonald: And incorporating our comments from today. Mayor Furlong: Direction, yep. Is there a second? Councilwoman Tjornhom: Second. Mayor Furlong: Any discussion on this? Mr. Laufenburger. Councilman Laufenburger: I think it ’s valuable for us to pay attention, as Mr. McDonald has to the, not just the decision that ’s made today but also the decisions to be made by the contractor, the builder and the homeowner and I just commend Councilman McDonald for making sure that we pay attention to that. Mayor Furlong: Thank you. Any other discussion? Hearing none let ’s proceed with the vote. Councilman McDonald moved, Councilwoman Tjornhom seconded that the City Council approve the rezoning of property from Agricultural Estate District (A-2) to Single Family Residential District (RSF); Preliminary Plat with Variances for a neck lot and the construction of a private street; and a Conditional Use Permit to allow development within the Bluff Creek Overlay District, subject to adoption of the amended Findings of Fact which changes references to conservation easement to preservation easement and the following conditions : 1.At the entrance off Hazeltine Boulevard, a monument sign displaying all four address numbers shall be installed. In addition, at the start of the individual driveways to each home, an address sign shall also be installed. Submit proposed signage to Fire Marshal for approval. 2.Park fees shall be collected in full for the two new homes at the rate in force upon final plat submission and approval. 3.Any use of or work within or affecting MnDOT right-of-way requires a permit. Permit forms are available from MnDOT ’s utility website at http://www.dot.state.mn.us/utility/. 4.Outlot A and the preservation easement shall be coincidental with the primary zone for the Bluff Creek Overlay District and shall be recorded with the final plat. The primary zone shall extend to a point 18 feet from the northeast corner of Lot 3. Chanhassen City Council – June 10, 2013 24 5.A structure setback of 40 feet is required from the primary zone. No disturbance shall occur within the first 20 feet of the setback. The proposed grading plans shall be amended to show how the lots may be developed. 6.The Bluff Creek Overlay District primary zone and the corresponding setback shall be shown on all plan sheets. 7.S igns clearly demarcating the Bluff Creek Overlay District primary zone shall be installed at all major angle points and at the intersection of lot lines with the primary zone boundary. Site plans shall be amended to show the placement of the signs. This item will be revisited by staff regarding the location of signage. 8.In keeping with the purpose of the Bluff Creek Overlay District to protect natural resources, the proposed driveway for Lot 1 shall share a common drive with Lot 2 until the existing hammerhead. 9.The applicant shall provide drainage calculations for pre-development and post-development conditions. 10.Preservation of natural vegetation shall be allowed as a volume and rate control tool. Water quality best management practices are still required. This shall meet the requirements of the NPDES permit for drainage to an impaired water or NURP plus enhanced treatment, whichever is stricter. 11.SWMP charges shall be reviewed in lieu of in-perpetuity protection of land through a combination of preservation easement and the dedication of Outlot A to the City. 12.Water that now heads west and then south along the trail and away from this area will be directed northwest into the depression north of the shared entrance. An adequate outlet must be provided for this area and the existing drainage patterns must be maintained. 13.Prior to grading, each lot shall install tree protection fencing at the edge of grading limits. 14.Building permit surveys for each lot shall be required to show all inventoried trees within the grading limits and 10 feet beyond and their removal or preservation status. 15.The developer must revise the Existing Conditions plan to show the power pole, utility box, propane tank and shed. 16.Ground shot elevations must be shown on the Existing Conditions plan to verify that a topographic survey was completed. 17.The developer shall work with staff to realign the access to Lot 1. Chanhassen City Council – June 10, 2013 25 18.The developer must provide proof that the common portion of the driveway to Lots 1 and 2 meets a 7-ton design. 19.If the existing driveway does not meet the 7-ton design standard, the developer must install the 7-ton driveway and submit an escrow with the final plat to ensure that the driveway meets this specification. 20.The driveway easement shall be recorded as a separate document; all references to the driveway easement shall be removed from the preliminary plat. 21.The grading plan must be revised so that the grades do not exceed 3H:1V. 22.A permit is required from MnDOT to install the sewer and water services as well as grading in the right-of-way. 23.The City must be notified a minimum of 72 hours before the sewer and water services are to be installed. 24.The sewer and water service connections must be inspected and approved by the City. 25.The developer must submit an escrow for the necessary boulevard restoration associated with the service installation. 26.Lots 1 and 3 will be subject to the City sewer and water hook-up charges and the Metropolitan Council Sanitary Access Charge. These fees shall be collected in accordance with the City Code at the rate in effect at the time. All voted in favor and the motion carried unanimously with a vote of 4 to 0. REQUEST FOR A VARIANCE FROM SECTION 20-904(A)(1) OF CHANHASSEN CITY CODE TO CONSTRUCT AN ACCESSORY STRUCTURE IN EXCESS OF 1,000 SQ. FT. ON PROPERTY ZONED AGRICULTURAL ESTATE DISTRICT (A-2); LOCATED AT 760 WEST 96 TH STREET; APPLICANT: CHUCK WORM. Kate Aanenson: Thank you Mayor, members of the City Council. This item also appeared before the Planning Commission on May 21 st . It did not receive the affirmative vote of three -fourths. It was a 5 to 2 vote so therefore it automatically goes to you for a recommendation. As you stated it ’s 760 West 96 th Street. The property had received in the past a conditional use for riding stable so there ’s a riding stable on a portion of the property and then a contractor ’s business is run out of here and then also some of the hay is stored in the other building on the site. This is on the end of a, of West 96 th Street. The request again is for a variance to construct a 7,120 square foot accessory structure for storage of hay and agricultural equipment. There currently exists on the property a 10,240 square foot accessory building and an additional 9,960 square foot accessory structure for the total of 20,912. So on May 10 th , as I stated earlier, in 2004 the City approved an interim use to allow for the riding academy and annually renewable stable permit for continued use of the riding stable so and, then also there is a Chuck ’s Excavating in one of the other businesses, the other structure on the site. So oops, going the wrong way. So this is the proposed, this is where some of the contractor ’s yard, the riding stable so we had given, the council did give approval for some accessory structures in this area. One was for property that had collapsed. A Chanhassen City Council – June 10, 2013 26 building that had collapsed and the applicant wanted to modify that for some runoff. The other one the applicant had proposed a storage unit but hadn ’t built it on the property. Had kind of graded it and waited a few years before he came in so the council did approve that 2,560 square foot accessory structure and then there was one built on the property without a permit. And then there was another one built over, over here for 1,000. That would be off of Homestead Lane. 1,177 so this one is significantly larger than those. So here ’s kind of accumulation of some of those in the area of the summary of the square footage in the area. Again this is an agricultural area. There are some of these, and we talked about it in the past have been used for other types of storage. We did say if it ’s for agricultural, for horses we had recommended those. I know the applicant has stated that he does do haying and stores some of the hay and provides hay for other people in the area too so our concern was that if some of the contractor ’s yard, storage wasn ’t in there that maybe there might be additional space in the current building is our rational basis on that. Again the Planning Commission didn ’t have the super majority of the three-fourths so this item comes before you so the, we ’ll be putting the same motion in to the City Council which was the excess . Denial of the excess of the 1,000 square feet. And with that I ’d be happy to answer any questions that you may have. Councilman McDonald: Excuse me, can you go back to the statement you made about if he took some stuff of one of the structures? Kate Aanenson: Yeah, there is a. Councilman McDonald: What ’s in there? Kate Aanenson: An excavating business. Councilman McDonald: Okay, so he ’s running a business off of this? Kate Aanenson: Back then, when we talked about some of these business, buildings up in here there was businesses. You remember the one that had the collapsed structure. He had a business in there for a while but is no longer using it for that and so when he wanted to rebuild he wanted to use it for storage of antiques and the like so. Mayor Furlong: Okay, questions? Other questions at this point. Councilman Laufenburger: I do. Mayor Furlong: Mr. Laufenburger. Councilman Laufenburger: Kate, looking at this aerial photo you have in front of us, can you tell us how many of those north/south rectangles belong to the applicant? Kate Aanenson: Yes. This one. Councilman Laufenburger: Yep. Kate Aanenson: And this one. Councilman Laufenburger: Okay, so it ’s the two that are adjacent. Kate Aanenson: That ’s correct. Chanhassen City Council – June 10, 2013 27 Councilman Laufenburger: Okay. And it ’s on the smaller of the, there. That one right there, that the 9,600 is on. Kate Aanenson: That ’s correct. Right. Councilman Laufenburger: What are you, can you tell me what, is that the accumulated square feet of all, what looks to be three structures? Kate Aanenson: Yes. Yes. Councilman Laufenburger: Is that right? Okay. Alright. And the other, on the western property, that building is a singular structure of over 10,000 square feet. Kate Aanenson: Correct. And the new one. Councilman Laufenburger: And do we know what ’s in that structure? Kate Aanenson: That ’s what I was saying. There is some hay in there and it ’s our understanding there ’s also some equipment in there too. Councilman Laufenburger: Equipment. Farming equipment or excavation equipment? Kate Aanenson: I ’ll let the applicant answer that question. Councilman L aufenburger: Okay. So, and how about the 9,950 square feet in the eastern property , do we know wh at that is being used for? Kate Aanenson: That ’s part of the horse operation. Riding academy. Councilman Laufenburger: Okay. Okay. And then a home, the home is also on that narrower, right there. Kate Aanenson: That ’s correct. Councilman Laufenburger: Okay. Thank you Kate. Mayor Furlong: Other questions for staff at this time? If not, is Mr. Worm here? If you ’d like to address the council. Good evening. Chuck Worm: Good evening. I ’m Chuck Worm. I ’m here for the, to get hopefully another building possibly built for a variance. I ’ve been there since 1987 and we ’ve been doing our hay farming even previous before I built the residence at where I live right now. Over the years of course we you know got more equipment and stuff like that and we were making 20,000 bales. Small square bales of hay and now we probably make about 10,000 but now we make probably 300 to 400 round bales which are sized 4 by 6 in size and so we just, we do have a family owned and operated excavating business out of there with my son living on the western edge of Chaska where we do have a conditional use permit for a building out there so with that we do s tore equipment back and forth. Farm equipment. Excavating equipment at both places. We always for the storage in the past years we rented farm buildings. Two barns just west of me a half mile, well one of them got torn down a couple years ago and the other one is abandoned now and not able to use and we just keep losing these farm buildings for storage and I ’ve just got to keep going further away and further away. So I don ’t plan to move yet, as of now. If I knew my property was Chanhassen City Council – June 10, 2013 28 in possible development in the near 3 to 5 years or something I wouldn ’t be here for this but I ’ve got a neighbor, Tim Erhart which adjacent my property and he at this time doesn ’t have no intentions for development. So the only way I could develop is if he did so right now I ’m just, the equipment we go t, the big building on the 8 acre parcel we built to accommodate the equipment and everything that was, I think we built that about 12 years ago but now with losing the barns and all this stuff, it ’s tough to find rental place or storage for the hay so. We do rent hay from the Minnesota Arboretum. There ’s 86 acres out there and surrounding areas. Chaska, Victoria and Chanhassen here too. I find parcels of hay to make so I ’m still doing a fair amount of hay and stuff so but just. Mayor Furlong: How many acres of hay do you farm? Chuck Worm: We probably got probably about 100 acres this year. Mayor Furlong: So 86 at the Arboretum and then another 14. Chuck Worm: 86 yep plus another probably 50, yeah. Mayor Furlong: Okay, so closer to 140-150. Chuck Worm: Yeah. Yeah. Mayor Furlong: Okay. Chuck Worm: And I know they did in the paper here. In the report they compare, you know do a comparison with Gayle Degler which is a farmer nearby me too. Gayle Degler, he makes some hay but he don ’t run around and make hay like I do. He does crop farming. He ’s got grain bins. Easy storage. It ’s a little more, what I do, it takes storage. You know it takes buildings to do it and I don ’t, at small square bale of hay just last week at $12.50 a bale, I ’m about to store it outside and that ’s a big factor too in having quality material. Hay. Councilman Laufenburger: Mr. Mayor? Mayor Furlong: Yes, Mr. Laufenburger. Councilman Laufenburger: Mr. Worm, this property that we ’re looking at here. Let ’s just call that the western rectangle where that must be where you do your horse academy, right? Chuck Worm: Yeah. Councilman Laufenburger: Okay. Are you haying any of this property? Chuck Worm: We ’re haying just south of that one. Councilman Laufenburger: South of the building. Chuck Worm: Big building, yeah. Councilman Laufenburger: And that hay is stored in the 10,000 square foot building. Chuck Worm: Yes. Chanhassen City Council – June 10, 2013 29 Councilman Laufenburger: So you ’re bringing hay from the other locations, the 86 and the 50 to this location to store it inside. Chuck Worm: Yes. Councilman Laufenburger: Because you have this as a location to store it right? Chuck Worm: Yeah, because it ’s my own. Councilman Laufenburger: Okay. And the other, I think I ’ve seen a Chuck ’s Excavating Sign on what used to the Creek Road. Chuck Worm: County Road 10. Councilman Laufenburger: Yeah, by the railroad track. Chuck Worm: Yes. Councilman Laufenburger: Okay. So is there no storage area there? Chuck Worm: I ’ve got storage there. I mean one, at the planning board they proposed well take your equipment from my. Councilman Laufenburger: From Chanhassen. Chuck Worm: From Chanhassen and put it in Chaska. And if I bring my equipment from Chaska to Chanhassen, I ’m not gaining anything because the buildings are full right now because I can ’t find a barn to pile hay in. I ’ve got, well one bigger building on the 2 1/2 acre parcel that I fill completely so that, when I do that now in the last couple years, that pushes all my equipment outdoors or somewhere else. Councilman Laufenburger: And this is the farming equipment and the excavating equipment, is that correct? Chuck Worm: Yes. Councilman Laufenburger: Okay. That ’s all for right now. Mayor Furlong: Other questions for Mr. Worm? Councilman McDonald: Yes. Mayor Furlong: Mr. McDonald. Councilman McDonald: Okay, I understand that to do the trade of equipment back and forth really doesn ’t gain anybody anything. If you get this structure can you take out the excavating equipment and now move that off of this site down there and this becomes strictly farm? Chuck Worm: I possibly could. It ’s basically I mean it ’s myself and my two boys that are in, that ’s the excavating company. I started it back I think in ’89 or something, or ’90 and it just, my boys just stayed with me and I just continued doing it and it you know just stayed on my property because I do own 10 1/2 acres total. Chanhassen City Council – June 10, 2013 30 Councilman McDonald: The reason for my question is that you know down here, as you ’re well aware, we have granted some variances in the past year but it ’s based upon non-commercial use. Now the land is zoned agricultural and farm and I ’m okay with all that but again what I ’m looking for is that an excavating business is not agricultural. That is a business. Chuck Worm: It is Jerry. Excuse me. Councilman McDonald: No, that ’s fine. Chuck Worm: It is because my Bobcats do all the removal of the manure. I ’ve got trucks that haul the material off site to local fields. Farmer fields and things like that so I mean it ’s just not that I ’m on this property and I ’m just an excavator. I ’m, my equipment works with my farm a lot so it ’s a combined really for me business between the two of them. Councilman McDonald: So you ’re telling me they ’re so intertwined that it would create a hardship to remove the excavating equipment down to Chaska and just have this for strictly a farm and store your tractors and balers and all that stuff. It just, that doesn ’t gain you anything either. Chuck Worm: Not really. I mean it would be, now I ’ve got to go back out to my son ’s house. Bring the equipment back here to clean my horse yards and things like that and that ’s just another truck down the road. Fuel consumption. Time and things like that lost again and time for me is pretty precious. Councilman McDonald: It ’s money. How much land are we talking about between the two lots? Between the western and the eastern lot. How much land is all that would you say? Chuck Worm: 10 1/2 or 10 point, yeah. It ’s over 10 acres. Councilman McDonald: Okay, you ’ve got, now you ’ve got the 10,000 foot structure that ’s shown here or that ’s what you ’re going to build? Kate Aanenson: No, that ’s existing …just south of that. Mayor Furlong: There ’d be additional nine. Chuck Worm: Yeah, what was the square footage? 70. Kate Aanenson: 7,120 is what you ’re asking for. Chuck Worm: Okay, and I did have a bump out on that structure off of the 60 by 108. There was a 28 by 30 foot structure on the back of, on the south side and that ’s 840 square foot addition on that building I ’m proposing. I ’m proposing to eliminate that part of the building so I just want to go with a straight 60 by 108 feet and so I ’m removing 800. I think it ’s 840 square feet. Councilman McDonald: Okay, and then what ’s going to happen to your riding business? Does this begin to impact that? Does that get curtailed? Chuck Worm: No. No. Councilman McDonald: Okay. I don ’t have any more questions. Chanhassen City Council – June 10, 2013 31 Mayor Furlong: Mr. Laufenburger. Councilman Laufenburger: Mr. Worm, it sounds like you ’re, as you were describing the predicament o r the circumstance that you ’re in, it ’s really predicated or caused by these buildings out in Chaska that, not available or wind torn down or whatever it is. Chuck Worm: Yeah. Yeah. Councilman Laufenburger: So the lack of the buildings out there causes you, the solution that you ’d like to have is replace those, that lack of buildings with a building in Chanhassen to bring the hay in to put it under roof. Chuck Worm: Under roof, that ’s correct. And I know then it ’s on my property. Councilman Laufenburger: Isn ’t your property out on County Road 10? Chuck Worm: That ’s my son. Councilman Laufenburger: Oh, okay. Chuck Worm: That ’s my son. Councilman Laufenburger: Does he share in the business with you or not? Chuck Worm: He works for me in my excavating business and they help. We ’re all part of this. Councilman Laufenburger: So the machinery goes both ways. Chuck Worm: Exactly. Councilman Laufenburger: The brothers go and the sons go both ways, okay. Chuck Worm: Exactly, yes. Yeah. Councilman Laufenburger: Okay. Mayor Furlong: Councilwoman Tjornhom. Councilwoman Tjornhom: Yeah it seems to me that the issue here is the concern that there ’s going to be a business run out of the building. Is that Kate what the main concern is? Chuck Worm: No. No. Councilwoman Tjornhom: From, if you ’re looking at it from what potentially could go wrong with … Mayor Furlong: Ms. Aanenson, would you like to. Councilwoman Tjornhom: And maybe you know I ’m asking … Kate Aanenson: Well I think it ’s kind of a slippery slope between the, what you use to, for the horse riding academy, feeding the horses, cleaning up manure, equipment for that and then equipment for the Chanhassen City Council – June 10, 2013 32 excavating. Some of it kind of cross pollinates. I guess that ’s going back to what someone said, what equipment can you keep there for the horse operation and not for the other but it sounds like the pieces go both ways. Councilwoman Tjornhom: So the hay storage, it ’s not, it ’s to use specifically for your riding operation and not, you don ’t sell it? Kate Aanenson: Yes. Chuck Worm: We do sell some to. Kate Aanenson: That ’s why he needs to store it. He sells it. Chuck Worm: Yeah, yeah. Neighbors and surrounding people usually around us that still have horses. Kate Aanenson: So it comes in and then he stores it and then it goes back out when somebody wants it, right. Chuck Worm: The majority of it usually or yeah, we sell quite a bit and we still feed quite a bit so. Councilwoman Tjornhom: So really there are two businesses that are going on right now on the property? Chuck Worm: Yes. Councilman Laufenburger: Three. Councilwoman Tjornhom: Or maybe three. Excavating. The riding. Councilman Laufenburger: The academy. Councilwoman Tjornhom: Yep. Kate Aanenson: And the hay sales. Councilwoman Tjornhom: And so what, I guess what I can ’t figure out is what changes with or without the structure because the excavating business will still be there. The riding academy will still be there and it would just be the expansion of a place for you to store your hay. Chuck Worm: Correct. It ’s hard to find. It ’s hard to find an old dairy barn or something you know within the area. You just drive around and you don ’t see dairy barns and hay storage around. Councilwoman Tjornhom: And right now do you store hay on the property? Chuck Worm: On my property? Yes. Yeah. Mayor Furlong: And I ’m sorry, is that in the 10,200 something. The north building there. Chuck Worm: That ’s on the 2 1/2 acre, the south. The most southern building on that 2 1/2 acre strip. Mayor Furlong: So on the eastern part, that one right there that the arrow is over now? Okay. Chanhassen City Council – June 10, 2013 33 Councilwoman Tjornhom: So then what happens to those structures? If they ’re not being used to store hay, is that where your excavation equipment will go into or? Chuck Worm: My excavation equipment is in already part and in my son ’s building out in Chaska. I mean we, I ’m just, it ’s all mixed together you know. I mean it ’s. Councilwoman Tjornhom: Yeah, no I understand. Chuck Worm: It ’s just you know, I can ’t run part of my horse, or Sandy ’s horse operation you know without some of my equipment to you know for the manure removal and the, and things like that. Mayor Furlong: Ms. Aanenson, or I ’m sorry. Mr. McDonald. Councilman McDonald: Just a follow up. So the 9,000 square foot building which you currently store hay in, you build the 10,000, will you use both of those? 19,000 square feet for hay then? Chuck Worm: Yes. Councilman McDonald: Okay, and that ’s because again storage for hay at other places where you do it is going away and so now it ’s either you cut back on your business. Chuck Worm: Exactly. Councilman McDonald: Or find something else to do. Councilman Laufenburger: Or find another place to store the hay. Chuck Worm: It ’s always farther out though all the time you know. I don ’t plan on moving yet, or at least I don ’t want to and I like where I am I guess and it ’s, it keeps a lot of little kids happy too so. Mayor Furlong: Ms. Aanenson the Planning Commission voted 5-2 to deny the application for a variance. We ’ve got the information in our Minutes but could you summarize the concerns of those who voted to deny what their concerns were. Kate Aanenson: Yeah I guess you know. Mayor Furlong: In general. Kate Aanenson: It was the, he explained at the Planning Commission, correct me if I ’m wrong Mr. Worm, is that you have the opportunity to expand your hay making business so that was part of it too. Mayor Furlong: So this is to accommodate an expansion of the hay making business. Kate Aanenson: Right, and it was hard for them to separate the comingling as we ’re talking about so some of the equipment clearly you need to keep on the site to, for the riding stables and the hay. To load the hay onto the trucks to ship off to somebody else so it ’s kind of hard getting the equipment so they kind of felt like really it ’s an expansion. While it is agricultural in some respects, it kind of crosses over to a lot of different. It was kind of hard to figure all that out. That ’s my understanding of what their concern was. Chanhassen City Council – June 10, 2013 34 Mayor Furlong: Okay. Mr. Worm how would you or what ’s your response to those concerns? Chuck Worm: To what the planning board had said? Mayor Furlong: Yeah. Chuck Worm: I don ’t think they quite understood my situation. I don ’t know, remember her name but it seemed like she was asking kind of like well how big is a bale of hay or this or that and kind of like what a bale of hay was to me but you know, I think that, I just think that they maybe I didn ’t speak enough about the total situation maybe like I have to you now. That maybe they didn ’t quite understand you know my situation. Mayor Furlong: Well, okay and I appreciate that. I think you know one of the concerns that I, from the staff report and Minutes too is this issue of the excavation business and the potential expansion of the excavation business into the new facility or into the existing facilities. If you take hay out of your existing buildings. The one on the eastern property and move it over to the new one then your excavation business expands. I think that ’s a concern raised by staff and others. Chuck Worm: Well my excavation, I mean it ’s my two boys and myself and that ’s the way it ’s been for, I think I ’ve been doing it 14 years and I don ’t plan to expand there. If I, you know I just, I ’ve got enough. It ’s enough with just my two boys and myself and I don ’t plan that. I ’d rather expand my farm is what I ’d like to do more yet but. Councilman Laufenburger: Your farm being? Chuck Worm: Just my 10 1/2 acres. Councilman Laufenburger: Oh your 10 1/2 acres. Chuck Worm: Yeah, yeah. Yeah. Councilman Laufenburger: How would you do that? Chuck Worm: How would I? Councilman Laufenburger: How would you expand that farm? Are you thinking of like develop, moving it or buying land around that 10? Chuck Worm: It ’d be nice to buy Tim Erhart ’s but I can ’t. Councilman Laufenburger: I think he ’s selling. Chuck Worm: Yeah I don ’t think I could afford it. You know as long as I can stay where I am, I just see, I don ’t see possibly any development myself in my area down West 96 th Street for I ’m guessing 10 years. And if I can make it another 10 years with our haying equipment, or our haying operation. Sandy ’s Riding Academy and stuff like that and I like the location where I am and I got, I ’ve never had a complaint of all the neighbors going down that road before. I don ’t think anybody ever called the City on us about, if it ’s hay equipment or construction equipment. We drive slow. We respect everybody going down the road so yeah, in the future yeah I ’d probably pick up sticks if my land went for development and move out west. Chanhassen City Council – June 10, 2013 35 Mayor Furlong: Ms. Aanenson, have we received any , has the City received concerns or complaints from the neighborhood with regard to the. Kate Aanenson: Not in the recent. There was in the past of some erosion and the like but I think that ’s been a while. Mayor Furlong: Okay. Todd Gerhardt: Mr. Worm, can you talk about your conditional use permit that you have in Chaska? What ’s that you allow you to do? Chuck Worm: That allows me to store my excavating equipment on that property. Todd Gerhardt: Okay. Usually they limit it to a number of dump trucks, Bobcats, graders, backhoes. Did they do that to you? Chuck Worm: No, they limited us on the, pretty much the size of the building. Todd Gerhardt: Okay. So everything has to be inside? Chuck Worm: Pretty much, yeah. And we ’ve got nothing outside that structure. Todd Gerhardt: So you don ’t have any haying equipment in Chaska? Chuck Worm: Yeah I do. Todd Gerhardt: You do. What I hear the council talking about is that, you know maybe if you moved your excavating business to the Chaska location short of maybe one Bobcat, a dump truck that you need for removal of manure and you know moving hay around and kept the haying operation as an agricultural use at this location, I think that would give them something to hang their hat on. Chuck Worm: I think that ’s, I think a pretty good possibility of what I would do if I, if we can manage to get this building built and then I could yeah, like you say. Most of my haying equipment and farming equipment at my Chanhassen residence and then move more of my construction equipment out on the Chaska property so yeah, but I can ’t totally eliminate it you know, and I think you guys, you know understand that because I do have the use for my trucks and Bobcats and other smaller grading things and stuff. Mayor Furlong: How much reduction do you think you ’d make in terms of your excavating equipment? Chuck Worm: I probably could make 50% maybe of what I you know have right now at my residence to move out to Chaska. I could do that. Mayor Furlong: And then the agricultural equipment might come here. Chuck Worm: Then my ag, yeah. Then it would have to because of course I don ’t have, wouldn ’t have the room. Mayor Furlong: Right but . Chuck Worm: But yes. Chanhassen City Council – June 10, 2013 36 Mayor Furlong: But ag use is permitted with the property here. Chuck Worm: Yeah, okay. Yep. Mayor Furlong: Right? Chuck Worm: Yep. Mayor Furlong: So if I understand correctly. Todd Gerhardt: But I ’d need clarification from either the City Attorney or our Planning Director but. Councilman McDonald: If I could before you do. I mean that is the point I was trying to get at with all of this and if I understood you correctly what you were telling me was that the 9,000 square foot building would continue to be used for hay storage along with this new building because again it ’s not that you ’re expanding the hay business. It ’s that storage has disappeared and you now need a place to do it. It ’s not that you ’re going to expand the excavation business by bringing stuff from Chaska over to Chanhassen. Chuck Worm: Right. Councilman McDonald: And that ’s what I ’m asking you is my understanding correct there? Mayor Furlong: But I think Mr. McDonald the other thing I heard Mr. Gerhardt ask is it sounds like there ’s an opportunity with this additional building to move some of the excavating equipment to Chaska, where it ’s permitted and have the agricultural equipment or use equipment here and I guess my question is Ms. Aanenson is that, is that an appropriate? Kate Aanenson: It ’s zoned agricultural so you can have an accessory structure. It ’s how you ’re using it for the business that ’s the issue. Mayor Furlong: And by business I mean I think as we ’ve, what I ’m seeing is there are 3 businesses. The excavation business, which I think is non-agricultural related. Kate Aanenson: Which is not permitted, correct. Mayor Furlong: Which is not permitted. The horse riding. Kate Aanenson: Which has a conditional use which is permitted. Mayor Furlong: Which is permitted. And then the hay business. Kate Aanenson: Right. Mayor Furlong: Which is agricultural, correct? So that would be permitted? I ’m sorry. Kate Aanenson: Yes. Mayor Furlong: Okay. So Mr. Knutson, thoughts? Chanhassen City Council – June 10, 2013 37 Roger Knutson: What you could do if you chose to, I ’m putting words in your mouth, you could say you approve this variance for example for this new building conditioned upon the following. No more than X square feet of a building you would designate, I don ’t know the number of it or whatever it is, can be used for the storage of excavation equipment. And the only equipment that can be on site, that is called dual purpose are the following. And then you can, one Bobcat. Two Bobcats. Dump truck. Mayor Furlong: Itemize dual purpose equipment. Roger Knutson: Then you would condition the approval of the variance on that happening and then he can build a new building when that has occurred. Kate Aanenson: If I may Mayor, I did just in case you did move in this direction. So taking off on what the City Attorney put in place, the building may be approved for agricultural. Then I think we can further clarify condition number 1 on that and then specify, if you want to go by square footage or pieces or equipment only for agricultural so we would further modify that to state whether it ’s, how much. Mayor Furlong: Expand condition one to, as recommended by the attorney. Kate Aanenson: Yeah, how many pieces of equipment or how much square footage. Mayor Furlong: And obviously working with Mr. Worm to figure out what ’s appropriate there. Just a second, Ms. Aanenson were you finished? Councilwoman Tjornhom. Councilwoman Tjornhom: If you go and look at the picture and you see the other lots, his neighbors, I mean are they held to those same conditions or are we doing something? Kate Aanenson: Yes. I think, no we said the other ones could not have businesses and he can have his business. There are some things that he needs to run the riding stables that he needs the hay for. That he needs the equipment for so we, I think we acknowledge that that needs to happen for the hay business. He needs the equipment. That ’s what we need to find out. What pieces of equipment he needs to, for the trucks to travel back and forth with hay so that ’s what we would clearly identify. That would be the pieces that would be allowed under number one so we ’d identify that. Mayor Furlong: Well and I think what Mr. Knutson was also talking about was, was also recognizing that there is some storage for the excavation equipment. Kate Aanenson: Well that ’s what I ’m saying, yeah. Roger Knutson: Well I call it dual use equipment. Kate Aanenson: Dual use. Right, the uses that you need for that. Then we would say also, because a building permit would be required, that ’s the ordinance and then maintain existing drainage patterns because we ’ve looked at where that site is going to go and we may need a retaining wall for a portion of that building and then also if I heard you Mr. Worm, you dropped that building down to 6,480 square feet, is that correct? Chuck Worm: Yeah, that south part was. Kate Aanenson: If you go by the 60 by 104. Mayor Furlong: 108. Chanhassen City Council – June 10, 2013 38 Kate Aanenson: 108, excuse me. So that came out to 6,480 would be the square footage as opposed to the 4,120. Roger Knutson: Just pointing out there are already several buildings so you want to refer to all the buildings. Kate Aanenson: Correct. Roger Knutson: None of the buildings can be used for anything but storage of hay or the horses or the dual use equipment and that ’s limited to X square feet and certain listed equipment. Mayor Furlong: Does this seem a reasonable approach Mr. Worm? Chuck Worm: Yeah. Mayor Furlong: Okay. What I would suggest then, Mr. Gerhardt? Todd Gerhardt: I was only going to suggest that maybe we could table this. Sit down with Mr. Worm. We ’re kind of rushing to put this all together. Let ’s make sure that he feels comfortable and put an agreement together that he can live by. We can live by and just have some time to say, you know what piece of equipment is going where and what ’s staying. Mayor Furlong: Absolutely. And we ’re not going to create that list tonight. Todd Gerhardt: Bring it back on the 24 th . Councilman McDonald: Then in that case I ’d make a motion to table. Mayor Furlong: With direction for staff to work with Mr. Worm. Councilman McDonald: With direction for staff to work and bring it back on the 24 th . Chuck Worm: Okay. Mayor Furlong: And well the 24 th be happy to have it back, I would say bring it back as soon as it ’s ready. Kate Aanenson: Yep. Councilman Laufenburger: Is there any discussion? Mayor Furlong: Rather than designating the 24 th . Councilman McDonald: Well I thought that was our next council meeting. Mayor Furlong: It is and if we can get it back that quickly that ’s great. If it ’s not ready then let ’s bring it back when it ’s ready. Okay, motion ’s been made to table. Mr. Laufenburger? Councilman Laufenburger: Is that discussable? Oh you need a second first. Chanhassen City Council – June 10, 2013 39 Mayor Furlong: I need a second. It ’s generally not discussable. So Mr. McDonald, do you want to withdraw your motion for the moment? Councilman McDonald: I ’ll withdraw my motion. Mayor Furlong: Thank you. Mr. Laufenburger. Councilman Laufenburger: Yeah, thank you Mr. Mayor. I appreciate Mr. Worm ’s willingness to dialogue on this but there is something that ’s occurring here that does concern me a little bit. This is a unique area of Chanhassen and by adding 6,480 square feet of storage, and is that a two story building? Whatever it is. Chuck Worm: Single story. Councilman Laufenburger: How many bales, no. But what we ’re doing is we ’re increasing the usage in that area. We ’re increasing, more hay will come in. More hay will go out and that is a, you know this is 96 th Street. We ’re improving Highway 101 down there. It ’s becoming more of a residential and over time my guess is it will be even greater residential. Maybe there will be a time in the future when it will not be approved for agriculture and we just need to think about is it the right thing to increase the use of this property, this 10 1/2 acres to bring in more storage. He ’s already at, what ’s the square footage? 20,000 square feet. Kate Aanenson: Correct. Councilman Laufenburger: Yeah, he ’s at 20,000 square feet. This will take him up to 27,000 square feet. He will have more accessory s pace on there. He ’ll have twice as much accessory space on that property as is on any other property down there. I think I ’m saying that correctly, is that correct? Kate Aanenson: That ’s correct. Councilman Laufenburger: So I ’m not opposed to the dialogue but what we ’re setting ourselves up for here is additional storage and, with all respect for Mr. Worm, is it cheaper for him to build a 6,480 square foot building here in Chanhassen and transport that hay from Arboretum and from County Road 10 or is it, might it be worthwhile for him to explore building a 6,480 square foot building in conjunction with somebody who already has property out there where the hay is so I just, that ’s my only point Mr. Mayor. Thank you. Mayor Furlong: No, and I appreciate those thoughts. Councilman McDonald: Well if I could address that. I mean what I ’m looking at is, and I can take, I ’m only taking Mr. Worm at his word in that he has already looked for something such as that and in order to find it he ’s got to go further west so that places a hardship upon his business. To address the issues about what are we doing down in this area. We ’re intensifying a business, it ’s already zoned for agricultural use. At some point, as Mr. Worm has stated, that is going to change and when that change is, he is probably going to have to leave, and he recognizes that and that ’s going to impact that entire area because once those lots start to go, because of the size of them, that ’s probably the next development within the city. That ’s going to be one of the prime areas so it will happen. Until it happens I think what he ’s asking us to do is that he has a business. He has a hardship and he ’s come to us to address an issue so he can continue with his business and based upon all that, I would think that you know the council should be looking to help it ’s citizens where it can. Chanhassen City Council – June 10, 2013 40 Councilman Laufenburger: I ’m not suggesting Mr. McDonald that we shouldn ’t help him but there are other alternatives for him continuing his business. Kate, are those two buildings, or the 20,000 square feet, are they legally non-conforming? Or is the. Kate Aanenson: That ’s correct. That ’s correct. Councilman Laufenburger: So the amount in excess of 1,000 square feet, which the ordinance allows, those are legally non-conforming. Kate Aanenson: Correct, and I just want to go back. I know this area is unique but I just want to go back and talk about why we put that cap in place because once you get a building this size, even though the neighborhood h as changed, there ’s said value in having an opportunity like this inside an urban setting that they don ’t go away because nobody, it ’s an opportunity to store boats or do other businesses. Whether it ’s a haying operation or becomes something else so we ’re just saying long term wise Mr. Worm may leave . Councilman Laufenburger: But those buildings will be there. Kate Aanenson: May not because they have a value of some sort. Todd Gerhardt: Council, the one point to that is that it is for agricultural purposes is the key to that agreement. So Mr. Worm has to be put on notice that the only thing that that building can be used for is agricultural purpose. Mayor Furlong: And I think that ’s, that ’s the benefit here and Mr. Worm ’s accommodation to delineate the use of the buildings and the equipment, the dual purpose equipment and for agricultural purposes so that in the future if there is a change of ownership in the property, I ’m assuming that those requirements would go along with the property. Kate Aanenson: Yeah. Mayor Furlong: As a part of that agreement so anybody buying the property would know that it ’s use is for agriculture. Kate Aanenson: Right, or they come back and ask for relief, yeah. Mayor Furlong: Well and then at least the council at that time can evaluate the request but I think you know both in terms of, if I can speak for a little bit of why I think we may, I would support a motion to table going forward is there ’s been stated by Mr. Worm to reduce the request for the size of the variance, or the increase of the variance with his new building and his willingness to work with the City to enter into an agreement to identify and what I ’m hearing here, willingness to reduce the excavating business on the two combined properties and emphasize the agricultural business and also what ’s not allowed in that area which is the agricultural business being more consistent with the current zoning so you raise good points Mr. Laufenburger. I think there ’s some, I think with Mr. Worm ’s proposals here to accommodate, I think that gives everybody a better, clearer understanding of what we ’re doing so … Councilman Laufenburger: Well let me restate again what I thought I said right in the beginning, and Nann will attest to this in the Minutes but I did, I did appreciate that Mr. Worm is willing to have that dialogue. Mayor Furlong: Absolutely. Chanhassen City Council – June 10, 2013 41 Councilman Laufenburger: Because I think that speaks to, that speaks to his desire to remain in this community which is worthwhile. Mayor Furlong: Absolutely. No, I heard that as well so. Councilman Laufenburger: Thank you. Mayor Furlong: Is there any discussion on the direction that ’s being proposed here? To table this to a future meeting, hopefully as quickly as our next meeting where this can come back after staff and Mr. Worm have had an opportunity to work through it. If there ’s no other discussion in that direction, Mr. McDonald would you like to restate your motion? Councilman McDonald: Well I ’ll restate my motion to table based upon conversation that we ’ve had at this point because I would like all those points to be taken into consideration and that Mr. Worm work with staff again to put together a plan which meets the direction that the council has given. That what we do is intensify the allowed use and try to de-emphasize the unallowed use which is the excavating business but a recognition be made that again there is dual use equipment and that ’s part of the conversation. Mayor Furlong: Thank you. Is there a second to that motion? Councilwoman Tjornhom: Second. Mayor Furlong: Motion ’s been made and seconded to table. Generally non-discussable. Councilman McDonald moved, Councilwoman Tjornhom seconded that the City Council table the request for a variance from Section 20-904(a)(1) of Chanhassen City Code to construct an accessory structure in excess of 1,000 square feet at 760 West 96 th Street and direct staff to work with Mr. Worm, taking into account all comments made by council , in bringing back an agreement as soon as possible . All voted in favor and the motion carried unanimously with a vote of 4 to 0. Mayor Furlong: Thank you Mr. Worm, Ms. Aanenson, Mr. Gerhardt. Mr. Knutson as well, thank you. APPOINTMENT OF YOUTH COMMISSIONERS TO THE PARK AND RECREATION COMMISSION. Mayor Furlong: Earlier this evening the City Council had the pleasure of interviewing two applicants for our Park and Rec Commission. As I call them up here, Jacob Stolar and Ryan Lynch. Both did excellent jobs as they met with the council and talked about their desire and willingness and enthusiasm to serve, as youth representatives on the Park and Recreation Commission. Following their interviews we had discussion and I would certainly move to nominate both Jacob Stolar and Ryan Lynch to serve as youth commissioners on the Park and Recreation Commission and ask for a second. Councilman Laufenburger: Second. Mayor Furlong: Thank you. Any discussion on either of these two young gentleman? Very impressive and appreciate their willingness and desire to serve and they both did a great job tonight in front of the council so. This is actually, these are new positions that the council has added to our Park and Recreation Commission for youth representation and we look forward to both Jacob and Ryan serving in that capacity so with that, if there ’s no other discussion, motion ’s been made and seconded to approve Jacob Chanhassen City Council – June 10, 2013 42 Stolar and Ryan Lynch to the Park and Recreation Commission. Mayor Furlong moved, Councilman Laufenburger seconded to appoint Jacob Stolar and Ryan Lynch to the Park and Recreation Commission. All voted in favor and the motion carried unanimously with a vote of 4 to 0. COUNCIL PRESENTATIONS. Councilman McDonald: I have one, if I can go up to the podium so I can put this up on the TV. Thank you for doing that Kate. I appreciate it. What I wanted to do was just to kind of tell everybody that this Thursday night the downtown council Buy Chanhassen has put together what they consider to be their f irs t annual Night on the Town and what this is, it ’s an opportunity to try to do something. Again we always talk about economic development with our downtown business district. This is an attempt of a council to try to begin to pull this stuff together. This is the first annual so it ’s still baby steps that are going forward but this came together rather quickly and what I would, all I ’m asking is that everyone consider it and there should be music and hopefully the weather will cooperate and it would be a nice night if nothing else to just walk around the town. With that thank you. Mayor Furlong: And that ’s this coming Thursday? Councilman McDonald: This coming Thursday. 4:30. Mayor Furlong: 4:00 to 10:30 it says. Councilman McDonald: 4:00 to 10:30. Mayor Furlong: Right there, alright. Very good, thank you. And is there, I believe that evening is also our first Concert in the Park, is that correct Mr. Gerhardt? Todd Gerhardt: Yes it is. Mayor Furlong: Concert in the Park that evening as well. Councilman McDonald: That is included as part of it. Mayor Furlong: 7:00? Todd Gerhardt: Yes. Mayor Furlong: Thank you. Thank you Mr. McDonald. Other council presentations? I ’d just like to make a comment. Yesterday all of us were present at the dedication for the Al Klingelhutz Memorial Picnic Pavilion at Lake Ann. It was just a great event. I ’d just like to thank the Klingelhutz family for their participation there in the program and the Historical Society, Chanhassen Historical Society and also city staff for their great work in planning, preparing and participating in the event so . Unfortunately the weather didn ’t cooperate but it was, fun was had by all and it was great to see so many good people there enjoying and talking about stories of Al and his service and other antics as well so thank you to everybody involved with that. ADMINISTRATIVE PRESENTATIONS. Chanhassen City Council – June 10, 2013 43 Todd Gerhardt: I don ’t have anything this evening. Road construction is down you know with the rainy weather we ’re delayed on 101. They ’re doing some utility work up on Pleasant View so we have moved a little dirt up there but the mill and overlays, they started milling in the Greenwood Shores area so we are getting to do some work that, you know with the wet weather but we ’d like to be a little farther along than what we are so. Mayor Furlong: Thank you. Any questions for Mr. Gerhardt or his staff? Hearing none we ’ll move on. CORRESPONDENCE DISCUSSION. Mayor Furlong: Any discussions on the items included there? Mr. Laufenburger. Councilman Laufenburger: Yeah just one. I think great, great bravo Zulu goes to our Park and Recreation Commission for the Chanhassen 4 th of July celebration beating two you know paramount festivities and this takes nothing away from Nickle Dickle Day or Victoria ’s Volksfest. They ’re very, very good but the Chanhassen Fourth of July festival is the cat ’s pajamas as far as I ’m concerned so thanks to the Park and Recreation for making that in conjunction with Rotary and Southwest Chamber of Commerce. It really is a community event and I just kudos to those folks for that recognition. Suitable for framing I ’d say. Mayor Furlong: I think it is upstairs. Councilman Laufenburger: Oh, okay. Mayor Furlong: As a matter of fact. Councilman Laufenburger: Thank you Mr. Mayor. Mayor Furlong: Thank you. Any other comments on the correspondence packet? If not, if there ’s nothing else to come before the council this evening, is there a motion to adjourn? Councilman McDonald moved, Councilwoman Tjornhom seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 4 to 0. The City Council meeting was adjourned at 8:50 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim CHANHASSEN CITY COUNCIL WORK SESSION JUNE 24, 2013 Mayor Furlong called the work session to order at 5:30 p.m. COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilman M cDonald, Councilwoman Tjornhom, and Councilman Laufenburger COUNCIL MEMBERS ABSENT: Councilwoman Ernst STAFF PRESENT: Todd Gerhardt, Laurie Hokkanen, Paul Oehme, Greg Sticha , Terry Jeffery , Chief John Wolff, and Lt. Jeff Enevold DISCUSS 2014 BUDGET EXPECTATIONS AND REVIEW BUDGET EFFICIENCY IDEAS/SUGGESTIONS. After discussing the budget calendar Greg Sticha review ed market value adjustments, cost of living numbers , estimated health insurance cost s , and the increase in the 2014 police contract . Mayor Furlong asked for a breakdown of catch up money associated with the police contract. Councilman Laufenburger asked for clarification of police contract numbers. Greg Sticha continued with an update on the impact of the last legislative session regarding sales tax and levy limits. Todd Gerhardt pointed out impacts to the Revolving Assessment Fund. Mayor Furlong asked about assumptions used in the revolving assessment fund numbers and suggested staff prepar e budget options using the levy limit, real growth scenario and lower revenue number s using half of new growth. Todd Gerhardt pointed o ut key points in the debt levies and the affect on the revolving assessment fund. UPDATE ON MEDIACOM FRANCHISE RENEWAL. Todd Gerhardt noted the current franchise agreement expires in August , provided an update on meetings with Mediacom and outlined areas of Chanhassen that cable service can be provide d . There was d iscussion on permit fees being charged for Mediacom to dig in c ity right-of-way and that Mediacom is contesting those fees because of the franchise agreement. Mayor Furlong suggested looking at fee comparisons with surrounding communities. Laurie Hokkanen discussed the City ’s desire to broadcast Channel 8 as high definition in the future , the possibility of having city meetings available on demand, and revenue calculations . Councilwoman Tjornhom asked to have a future discussion regarding PEG fees. Mayor Furlong suggested the City stop collecting PEG fees. Todd Gerhardt stated staff will pre pare a historical revenue study. LAW ENFORCEMENT ANNUAL REVIEW. Lt. Jeff Enevold shared a 911 call for service where a young man had stopped breathing and poli ce officers and Ridgeview Ambulance service revived him. Regarding staffing levels, he review ed the nine step process to produce a comprehensive staff estimate usin g workload/performance analysis and sources of information used. Councilman McDonald asked for clarification of the shift relief factor chart. Based on the analysis of all factors presented Lt. Jeff Enevold recommended the City add an additional FTE (full time employee) for the dayti me shift in 2014 and one more additional in 2015. Councilman McDonald asked why the need for additional FTE when trends for crimes seem to be going down. Councilman Laufenburger asked who decides when a deputy is dispatched on a call. Councilwoman Tjornhom asked how much money is spent on overtime. Todd Gerhardt asked Lt. Enevold to explain deputy ’s court time. Mayor Furlong stated he appreciated the analysis to see historically what ’s happened and to use as a tool City Council Wok Session – June 24, 2013 2 for planning in the future. Councilman McDonald suggested having a discussion on law enforcement being reactive versus proactive. There was a short recess at this point in the work session. STORMWATER MANAGEMENT UPDATE. Terry Jeffery explained the need to update the City ’s Surface Management Plan is primarily related to implementation prioriti es and regulatory requirements, changes in implementation priorities, consistency with changes in watershed management and science and regulatory compliance. Moving forward staff will bring back the results of RFP ’s for consulting firms , he reviewed the schedule to adopt a final plan by December, 2014 or early 2015 and funding sources. Councilman Laufenburger asked for costs associated with the last update. Mayor Furlong asked about the hierarchy for rules and regulations i.e. city, watershed district, state, etc. noting that City rules need to meet the City ’s goals. HIGHWAY 101: UPDATE ON RIVER CROSSING PROJECT, INCLUDING THE LAST PHASE BETWEEN PIONEER TRAIL AND HIGHWAY 61. Todd Gerhardt shared information regarding the Southwest Reconnection Project. Council members stated they did not receive copies of letters he had sent to state legislators. Paul Oehme provided background information prior to reviewing diagrams of the Highway 101/County Road 61 intersection and flood mitigation project , and construction phasing plan. Mayor Furlong asked about detour plans. Paul Oehme continued with a concept of a Chanhassen monument sign associated with the roundabout. Council concurred with moving forward with the monument sign concept. Paul Oehme continued with review of t he trail bridge railing design. Councilman Laufenburger suggested historical/environmental plaques be located in bump out areas. Paul Oehme continued with project cost estimates, plans for Highway 101 between Pioneer Trail and Flying Cloud Drive, preliminary alignment of Creekwood Drive to Flying Cloud Drive and preliminary project financing associated with that section. Mayor Furlong asked about MnDOT ’s support of this project. DISCUSS PUBLIC ART PROGRAM. Laurie Hokkanen asked for council feedback on the request by the Carver County Arts Consortium to install a mural on the back wall of the Chanhassen Library Parking Ramp , and reviewed possible grant opti o ns before showing a photo of what is being done in Eden Prairie. A fter discussion Councilman Laufenburger voiced his support moving forward with the idea. Given the location and limited audience, the remaining council members would like the group to research questions related to location, city cost, and future maintenance. Councilman Laufenburger asked if there was any mention of community art in the City ’s Comprehensive Plan . Council members discussed public versus private sponsorship of art in the community. Mayor Furlong adjourned the work session at 8:05 p.m. Submitted by Todd Gerhar dt City Manager Prepared by Nann Opheim CHANHASSEN PLANNING COMMISSI O N REGULAR MEETING SUMMARY MINUTES JUNE 18, 2013 Chairman Aller called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Andrew Aller, Kim Tennyson, Lisa Hokkanen, Maryam Yusuf, Stephen Withrow, and Steven Weick MEMBERS ABSENT: Mark Undestad STAFF PRESENT: Kate Aanenson, Community Development Director; Bob Generous, Senior Planner; and Paul Oehme, City Engineer/Public Works Director PUBLIC HEARING: CAMDEN RIDGE: REQUEST FOR REZONING FROM AGRICULTURAL EST A TE (A2) TO PLANNED UNIT DEVELOPMENT-RESI D ENTIAL (PUD-R); SUBDIVISION OF APPROXIMATELY 36.2 ACRES INTO 32 SINGLE FAMILY LOTS, 26 TWINHOMES LOTS, AND 10 OUTLOTS; AND A CONDITIONAL USE PERMIT TO ALLOW DEVELOPMENT WITHIN THE BLUFF CREEK OVERLAY DISTRICT. PROPERTY IS LOCATED AT 1500 PIONEER TRAIL. APPLICANT: LENNAR. OWNER: BRUCE JEURISSEN, PLANNING CASE 2013-13. Bob Generous presented the staff report on this item. Chairman Aller asked for clarification on what conditions needed to be met prior to grading , if infrastructure was capable of handling the number of proposed units , and hard cover analysis . Commissioner Hokkanen asked for clarification on the location of the farmstead access and extension of Bluff Creek Boulevard. Commissioner Weick asked about the tree preservation plan. Commissioner Yusuf asked for clarification of the noise study. Chairman Aller opened the public hearing. Joe Jablonski with Lennar/U.S. Home Corporation stated he was proud and comfortable with the ir proposal and was available to answer any questions. John Chadwick, 4477 Manitou Road, speaking on behalf of Mr. Jeurissen, reviewed the recommended conclusions in their memo dated June 18, 2013 related to assessments and access. Hokkanen moved, Yusuf seconded that the Planning Commission recommends the City Council approves Rezoning from Agricultural Estate (A2) to Planned Unit Development-Residential (PUD- R); Subdivision into 32 single family lots, 26 twinhomes and 9 outlots; and a Conditional Use Permit to allow development within the Bluff Creek Overlay District subject to the following conditions and adoption of the attached Findings of Fact and Recommendation: Building Conditions : 1.Demolition permits are required for the removal of any existing structures. 2.Buildings may be required to be designed by an architect and/or engineer as determined by the Building Official. 3.A final grading plan and soils report must be submitted to the Inspections Division before permits can be issued. Planning Commission Summary – June 18, 2013 2 4.Retaining walls over four feet high require a permit and must be designed by a professional engineer. 5.Each lot must be provided with separate sewer and water services. 6.The applicant and/or their agent shall meet with the Inspections Division as early as possible to discuss plan review and permit procedures. 7.Submit proposed street names to Chanhassen Building Official and Chanhassen Fire Marshal for review and approval. Engineering Conditions : 1.The developer must obtain right-of-way for the part of River Rock Road that connects to Bluff Creek Boulevard. 2.The proposed “Easement Detail ” must be revised to include how the easements around the perimeter of the twinhome lots will be platted. 3.The developer ’s engineer must adjust the grading on the trail near Outlot F so that it will meet ADA standards. 4.The contours near the northwest corner of Pond 2, between Lots 6 and 7 must be smoothed out. 5.Additional information needs to be noted (such as elevation points between the lots) between lots on the north side of Street B to show the grading will allow water to drain away from the structures. 6.The final plans must note the survey benchmark on the plan set. 7.The final plans must note the existing and proposed elevations at the corners of each lot. 8.The grading behind all the retaining walls must be modified so that water will not drain down the face of the wall. 9.Walls taller than 6 feet shall not be constructed with boulder rock. 10.Retaining Wall B must be moved so that it is outside the drainage and utility easement at the back of the lots. 11.A Homeowners Association must be created to take ownership of all retaining walls and the draintile along the face of Retaining Wall B. 12.Local streets must be within a 60-foot wide right-of-way. Planning Commission Summary – June 18, 2013 3 13.At final plat, the Engineering Department will review the profile of Street A between stations 2+00 and 4+00 to ensure the profile meets the minimum length requirements for vertical curves. 14.The proposed centerline grade at the intersection of River Rock Drive and Street A must not be greater than 3%. 15.The existing driveway access to TH 212 must be closed. 16.The developer ’s engineer must design a Street C typical section. 17.The development is adjacent to Bluff Creek Boulevard and is therefore subject to the arterial collector fee at the time of final plat. 18.The developer ’s engineer must incorporate pressure-reducing valves and a surge protection system into the watermain plans. 19.The developer ’s engineer will ensure that CBMH-102 does not conflict with the nearby watermain. 20.At the time of final plat, the Bluff Creek Boulevard Improvements assessment must be paid or reassessed. 21.Water and sewer hook-up fees must be paid at the time of final plat. Fire Conditions : 1.A three-foot clear space must be maintained around fire hydrants. 2.Temporary street signs must be installed prior to home construction.   3.No burning permits will be issued. Any trees removed must either be chipped on site or removed from site. 4.Water mains shall be made serviceable prior to combustible construction.   5.Posts, fences, utility boxes etc. shall not be placed near fire hydrants which would hinder firefighters to quickly locate and/or operate fire hydrants in a safe manner. Natural Resources Conditions : 1.The applicant shall increase bufferyard plantings to meet minimum requirements. 2.The applicant shall plant a minimum of 130 trees in the development. Planning Commission Summary – June 18, 2013 4 3.The applicant shall diversify the plant schedule so that no one species comprises more than one third of the total number of trees. 4.The applicant shall specify vegetation proposed for Outlots A, B and C. 5.The applicant shall submit a revised landscape plan to the city prior to final approval. 6.The applicant shall preserve trees #1301, 1302, 1303. These trees along with trees #1393- 1398 shall be protected by fencing prior to and during any grading or construction activities. 7.The developer shall install signage at lot lines to demarcate the Bluff Creek Primary Zone. Parks Conditions : 1.Full park dedication fees shall be collected per city ordinance in lieu of requiring parkland dedication. 2.Construction of Bluff Creek Trail from its current southerly terminus, extending between the new homes and Bluff Creek to a terminus point at TH 212. The developer shall provide design, engineering, construction and testing services required of the “Bluff Creek Trail.” All construction documents, including material costs, shall be delivered to the Park and Recreation Director and City Engineer for approval prior to the initiation of each phase of construction. The trail shall be 10 feet in width, surfaced with asphalt and constructed to meet all city specifications. The applicant shall be reimbursed by the City for the cost of the aggregate base, asphalt surfacing, and storm water systems utilized to construct the trail. This reimbursement payment shall be made upon completion and acceptance of the trail and receipt of an invoice documenting the actual costs for the construction materials noted. Labor and installation, design, engineering and testing services are not reimbursable expenses. Planning Conditions : 1.The developer shall pay $6,285.00 as its portion of the 2005 AUAR prior to recording the final plat. 2.The developer shall prepare a noise analysis for noise generated by traffic on Highway 212. The analysis shall identify appropriate noise mitigation measures to meet noise standards for residential homes as specified by the Minnesota Pollution Control Agency, which shall be implemented by the developer. 3.Dedication of the Bluff Creek Overlay District primary zone shall be made to the city or a preservation easement shall be established over said outlot(s). 4.The property owner shall provide appropriate technical information, including but not limited to a topographical survey, flora and fauna survey and soil data deemed necessary for the city to determine the exact watershed zone boundary on Outlot C, Jeurissen 1 st Addition. Data Planning Commission Summary – June 18, 2013 5 for watershed zone delineation shall be generated and provided by a qualified professional specializing in watershed management, environmental science or other related profession. 5.The property owner must advise the city of the intended use of Outlot C, Jeurissen 1 st Addition, and how it shall be accessed. This Outlot may not be developable or accessible in the future. 6.Final plat approval will be contingent on the developer resolving the access issue. Either an access easement or right-of-way must be in place prior to any site development. 7.Individual lots may not exceed the maximum hard cover per lot established in the compliance table. Water Resources Conditions : 1.Land disturbance within the first twenty feet of the Bluff Creek Overlay District setback shall not be allowed unless the applicant can demonstrate that the goal cannot be achieved without the proposed disturbance. 2.A mitigation/restoration plan must be provided for any disturbance within the Bluff Creek Overlay District or setback from the BCOR. 3.Trail must be aligned to minimize the encroachment into the BCOR primary zone and minimize loss of natural vegetation and habitat. 4.Efforts must be made to minimize the number of inlets into each pond. 5.The proposed ponds must be designed with a forebay. 6.The plans must demonstrate how water quality basin #1 and water quality basin #3 will be accessed. This includes all inlets, outlets and filtration benches as well as sediment removal from forebay and water quality volume. 7.The stormwater design shall, to the greatest extent practicable, seek to maximize infiltration, extend detention times and protect Bluff Creek from scour and other erosive conditions. 8.The applicant must evaluate downstream flow conditions as indicated in Section 19-144. 9.A Surface Water Pollution Plan and all required elements must be provided to the city for review. This plan must be compliant with NPDES requirements as well as the requirements of Chapter 19 of city code. 10.SWMP trunk fees due at final plat are estimated to be $113,350.25. 11.The development must comply with the MN Rules chapter 6120 and the DNR must issue their concurrence to this effect. Planning Commission Summary – June 18, 2013 6 12.No alterations are allowed within the primary corridor or within the first 20 feet of the setback from the primary corridor.  Grading activities have been observed within this area  along the south side of Bluff Creek.  The applicant should submit a plan for the revegetation  of this area that incorporates native plants and is consistent with the City ’s Bluff Creek Natural Resources Management Plan Appendix C.  Any such areas that have been disturbed  through the removal or addition of soils material prior to approval shall be addressed prior to commencement of other grading activities but no later than seven (7) days from approval. All voted in favor and the motion carried unanimously with a vote of 6 to 0. APPROVAL OF MINUTES: Commissioner Hokkanen noted the verbatim and summary Minutes of the Planning Commission meeting dated May 21, 2013 as presented. CITY COUNCIL ACTION UPDATE AND FUTURE PLANING COMMISSION AGENDA ITEMS . Kate Aanenson provided update s o f upcoming agenda items and action update s from the May 28 th and June 10 th City Council meeting s . Chairman Aller adjourned the Planning Commission meeting at 7:50 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim CHANHASSEN PLANNING COMMISSI O N REGULAR MEETING JUNE 18, 2013 Chairman Aller called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Andrew Aller, Kim Tennyson, Lisa Hokkanen, Maryam Yusuf, Stephen Withrow, and Steven Weick MEMBERS ABSENT: Mark Undestad STAFF PRESENT: Kate Aanenson, Community Development Director; Bob Generous, Senior Planner; and Paul Oehme, City Engineer/Public Works Director PUBLIC HEARING: CAMDEN RIDGE: REQUEST FOR REZONING FROM AGRICULTURAL EST A TE (A2) TO PLANNED UNIT DEVELOPMENT-RESI D ENTIAL (PUD-R); SUBDIVISION OF APPROXIMATELY 36.2 ACRES INTO 32 SINGLE FAMILY LOTS, 26 TWINHOMES LOTS, AND 10 OUTLOTS ; AND A CONDITIONAL USE PERMIT TO ALLOW DEVELOPMENT WITHIN THE BLUFF CREEK OVERLAY DISTRICT. PROPERTY IS LOCATED AT 1500 PIONEER TRAIL. APPLICANT: LENNAR. OWNER: BRUCE JEURISSEN, PLANNING CASE 2013-13. Generous: Thank you Mr. Chairman, commissioners. As you stated this is a Camden Ridge development. It ’s Planning Case number 2013-13. The developer is U.S. Home Corporation and the owner of the property is Bruce B. Elmer Family Farm, LLC. I should point out that for tonight ’s meeting I did have two corrections to the staff report and I put them out for everyone. On page 12 we revised the square footages and the number of homes. When we were putting this together we had three estimates for the shoreland district and we got a final one so all the numbers are consistent in that page. And then on page 29 under planning condition number 3 we changed the word conservation to preservation. That ’s the only changes that we ’re making in the staff report right now. And I also did hand out to you a letter from Chadwick Group Inc. to the Planning Commission and City Council. It ’s representative of the property owner and he wanted to make sure that this got on the record so. Aller: Yes, and we have received that item as well as the two changes and the item from John Chadwick, the Chadwick Group Inc. has been received and read and will become part of the record. Generous: Okay, thank you. Location of the property is 1500 Pioneer Trail. The current farm access is via, off of Pioneer Trail. There ’s a driveway that comes under Highway 212 and then goes into the farm. As part of this development they are going to provide access from the northwest via River Rock Drive South which will come off Bluff Creek Boulevard so that will be the future access to the property. The existing access will not serve any of the development. It will be retained for I think farm access to the property for the southern site. Part of the site. It ’s located just to the west of Highway 212 and it ’s in the, we call it the 2005 MUSA area which I ’ll explain later. The southern half of the site is in the Bluff Creek Primary Zone. This is a zone that was established by the City in 1996 and it ’s an area that the City ’s trying to preserve for permanent open space. The site was actively farmed up to last fall. I don ’t know if they ’re farming it this year or not. There are woodland area that runs through the northwest corner of the site and there ’s a significant drop on the property. There ’s over 75 feet from the northern property line down to the creek which runs through the southern third of the property. The property is currently zoned A2 which Agricultural Estate District. As part of this development they are rezoning it. The property is guided for medium density residential. Residential medium density uses which permits density of 4 to 8 Chanhassen Planning Commission – June 18, 2013 2 units per acre on a net basis. The proposal, they ’re requesting a rezoning of the property from Agricultural Estate to Planned Unit Development Residential. As part of the PUD we would develop standards for the property. The subdivision review would be for 32 single family home sites and 26 twinhome sites. And the conditional use permit is for development within the Bluff Creek Overlay District. All the properties that are within that district must go through this process. Again the existing conditions. Like I said there ’s a 70 foot elevation change from the northern part of the site down to the creek. The farmstead is located just to the west of Highway 212 on the southeastern part of the site. Access currently is via Pioneer Trail which is this Outlot D in the Jeurissen Addition and then they have an easement under the 212 corridor and the road continues up to the north. Bluff Creek runs diagonally through the property. It has a nice jog in it. It ’s very wooded on both sides of the creek. And the Bluff Creek primary zone is shown surrounding the developable area of the property. In 2006 the City approved 146 unit townhouse development for this site for Liberty at Creekside. However that approval expired in 2012 because they didn ’t extend it any further. This property, there are many issues that we looked at in reviewing this property. There was an Alternate Urban Areawide Review that was done for this entire area. There were assessments for city improvements that were done for Bluff Creek Boulevard. There are access issues regarding this property. The Bluff Creek corridor and the primary zone are within this property. Because of the creek there ’s a shoreland district regulations that they have to follow, both the City and the DNR. And also there ’s some discussion the property owner will need to provide additional analysis to determine whether the southern half or a third of the property is within the Bluff Creek primary zone or not. And also to address interim access and use issues. The Alternate Urban Areawide Review was done, it looks at cumulative impacts of development and what the City did was look at the 2005 MUSA area, which is that area bounded by Powers Boulevard on the east, Lyman Boulevard on the north, Audubon Road on the west and Pioneer Trail on the south. We took all the land uses that were in there and looked at what their impacts were to the environment and to the infrastructure system and any development that comes through must be consistent with that review and meet the mitigation requirements that were spelled out in that. What one of the major points of the Bluff Creek or the 2005 AUAR was that we were looking at minimizing the number of creek crossings in this area and we were hoping to maintain just one creek crossing for public streets. In 2005 a feasibility study was done for the MUSA, the urban services that were going to be needed in this area. Now the second part is assessments. As part of that 2005 urban area development the City installed Bluff Creek Boulevard sewer and water services to serve this area and each of the properties within the 2005 MUSA area were assessed that property. At that time Town and Country Homes, the previous owner or developer for Liberty at Creekside agreed to the assessments so we ’re going forward under that assumption. Access to this property is via Bluff Creek Boulevard. However the connection within the Preserve has not been dedicated yet so it is a condition of approval for the Preserve development but they haven ’t platted this area and so we don ’t have it as a dedication so we need to resolve that access issue before this project can go forward. As part of the Pioneer Pass development the City did pick up a corner of this property for access purposes to provide that little connection and also to preserve the Bluff Creek corridor and provide drainage and utility easements. Sewer and water services will be coming down this corridor as a part of the development. A big thing in this is the Bluff Creek Watershed District. This runs through most of the city from up on Highway 41 down to the Minnesota River valley. In 1996 the City completed a Bluff Creek Watershed Natural Resources Management Plan. This looked at all the environmental features within that corridor and it tried to develop educational and infrastructure improvements that would be necessary to help preserve this corridor for the City. It ’s a significant corridor in the city and 2 years later the City developed a Bluff Creek Overlay District ordinance which is in Chapter, Article XXXI of the City Code to actually provide the protection for the corridor and design requirements that developments must provide. The primary one is a 40 foot setback from the primary zone boundary. The first 20 feet of which are a buffer zone so it ’s supposed to remain in it ’s natural state. Within this development, it ’s within the shoreland district and it ’s covered by both City shoreland requirements and the DNR shoreland requirements. Under the DNR shoreland requirements 50% of the land within the shoreland area must be preserved as permanent open space and this example shows that the City is proposing that Outlot B be Chanhassen Planning Commission – June 18, 2013 3 dedicated or donated for open space purposes or a preservation easement recorded over it. This just reiterates a 40 foot setback and then there ’s a little buffer zone there. The shoreland district extends 300 feet on either side of the creek so it ’s a 600 foot corridor plus the width of the creek. Hard cover within the shoreland district is limited to 25%. We had the developer ’s engineer calculate all the hard cover that they ’re proposing only comes to 17.9% so they ’re within that calculation, and the total shoreland area is 17.4 acres in size so that ’s the number that I corrected on page 12 of the report for everyone. Under the PUD where the City will actually be rezoning this property and the PUD provides all the development standards that will be followed, if there ’s anything unique to the property. It will permit the 32 single family homes and the 26 twinhomes. The development standards include an intent, the permitted uses, setbacks, lot coverage and minimum lot requirements and they ’re all spelled out within the report and are included as an ordinance attached to the development. What ’s unique about this, to maintain the 25% hard cover within the shoreland district and also the 35% within the overall development we have established a maximum hard cover for each of the lots and so as they go forward we ’ll be able to monitor that when they come in for their building permits so we ’ve used it on the Preserve and it ’s pretty consistent system to go forward with and people understand it very easily and when they develop that they took the house pads that the developer already had and then added driveways and put in patios and sidewalk areas and the little fluff area if you will so that people could do some expansions in the future. So we believe that it will adequately address the needs of the residents that move into this development. As I stated the subdivision proposal is for 32 single family lots and 26 townhouse lots. They area numerous outlots that are in here but all of them will be for public purposes, either trails or stormwater ponding so. The grading plan, there ’ll be a significant amount of grading and as we pointed out in the staff report the developer would like to enter into a development contract with the preliminary plat to start site grading so it ’ll take a long time. They propose to grade the entire property. Again we ’ll begin with the preliminary plat and they ’ll need to have River Rock Road, the easement or the right-of-way agreement in place before we allow any of this to go forward. There are a few issues with the grading is these highlighted areas on the plan are potential areas where they will be encroaching into the Bluff Creek primary zone setback buffer area and so we need them to re-evaluate either the grading plan or the housing types to make sure that they can stay out of it. As it was pointed out they may have to look at either a lookout type unit instead of a walkout to make this area work where they ’re going farther down the, or creating a more hill area. As part of the development the infrastructure improvements will include the sewer and water services. All the public streets. The trail systems and the stormwater ponding. Access extension is again River Rock Drive south and the only thing that we pointed out in the staff report is this segment of the River Rock Road or Drive was shown as a 50 foot right-of-way. They are required to put a 60 foot right-of-way in so it will revise the plat slightly. What we think is this outlot will be get smaller and this one will get smaller. They have a 20 foot easement for a trail and we don ’t need quite that much. It ’s an 8 foot trail so. Tree preservation. They do not meet the targets for tree preservation. The only areas that are taking out are allowing the st eep slope areas. They ’re coming in and there ’s no way to avoid that and then right behind, in this curve on the property. It ’s all outside the primary zone boundary so what they have to do, in instances when they don ’t meet preservation targets, they ’re penalized and provide additional landscaping and their landscape plan was pretty close. They needed to add one more tree and then they also need to provide additional buffering along the 212 corridor so additional planting requirements. I should point out that one of our conditions is that the developer complete a noise study for this project to make sure that they meet all federal and state guidelines. And there ’s a landscaping plan so they need to provide additional landscaping along this area. Parks and recreation. The development itself does not need to provide any parks. It ’s within the Pioneer Pass Park district. As part of the project however they will be providing the Bluff Creek trail from it ’s terminus just to the north of this development down to the Highway 212 corridor. We do have a condition in the report to work with the property owner to see if we can get that final connection out to Pioneer Trail done but it ’s not necessarily as part of this project. It ’s something the City would have to undertake or wait til development on the south side of 212 to come forward. They will be paying full park and trail fees but then we will be reimbursing them for the trail construction. And this is the first, Chanhassen Planning Commission – June 18, 2013 4 what they ’re proposing to plat initially is it will create 4 outlots on the entire property. Outlot A to the north would be the future Camden Ridge development. Outlot B is the Bluff Creek primary zone that will be preserved as permanent open space. Outlot C is property that will, the current property owner would like to keep and we ’re saying well what are you, we ’d like to know the interim use for it and access points and then also have him develop an environmental study to determine the appropriate watershed district classification for this property. And then Outlot D is the current access into the site. It ’s where the driveway goes out to Pioneer Trail. Finally the conditional use permit is for all development within the Bluff Creek corridor. It requires a 40 foot setback from Bluff Creek primary zone with the first 20 feet being a buffer area and so as part of the grading plan we ’ll have them make revisions to that. We believe that again Bluff Creek corridor goes through most of the city and it surrounds this property. There ’s a wooded hill to the north. If you ’ve ever been out there you can see it from 212 which is on the Fox property and then it surrounds it on the west and then on the southern portion of the site. Again the primary zone has a 40 foot setback and so part of this would be used to maintain open space. With that staff is recommending approval of the rezoning, subdivision and conditional use permit for Camden Ridge development subject to the conditions in the staff report as amended and adoption of the Findings of Fact and Recommendation. And with that I ’d be happy to any questions. Aller: Bob, were all the studies that were recommended, are they to be, are they number one conditions and number two, are those conditions to be met prior to any grading? Generous: Not for the environmental study. We would wait til that came, until that property came forward for future development. Aller: And then my understanding is the River Rock access, that has to be done and decided before anything occurs here? Generous: That ’s correct. They ’ll have to. Aller: So that ’s a pre-cursor to any work being done. Generous: Either an easement in place or that land purchased in fee title ownership. Withrow: Is there any concerns about that? Any risk that you ’re aware of? Aanenson: Maybe I could give a little background on that. They have been working on it for, it was a condition of approval of the plat on the Preserve so when they come in for their next phase it will have to be acquired at the developer and expedite that and they can certainly work on that as a separate agreement. I just want to clarify too on that Outlot C, whether it goes forward or not. Obviously the council, whatever you recommend will go forward to the council too to see how they want to handle that issue too. It ’s typically when you have a developer propose an application they ’re in control of all the property so you have the underlying developer developing and dedicating separately which is very unique and then the developer ’s only acquiring what he ’s platting so you ’ve got two different things so we ’re just saying there ’s a lot remnant and our ordinance does allow you to create a remnant lot that does not have planned access to it so that ’s just one of our concerns. We want to make sure that a farm road in our mind does not constitute you know long term. I guess if they wanted to farm it in the future . We just want to make sure we understand that so we ’ll hoping between now and when it goes to City Council some of those issues will be further clarified. Aller: So if we adopted and have the recommendation move forward as stated, then there ’s access right now that would allow for the condition on the property they ’re farming now. But if we allow for the motion to be passed, it moves forward in that manner, then one of the conditions is that there ’s an access Chanhassen Planning Commission – June 18, 2013 5 required to Parcel C. Aanenson: Yeah, I ’ll just take that a little bit further. The Carver County ’s first response was to close the access so if we say that we don ’t know that there ’s development potential on that property, and the property owner wants to continue to farm, then we may have to go back to the County and say that ’s how it ’s intended to be used and see if that changes. And again we ’re trying to get that clarification between now and when it goes to City Council. Then the other issue is, you know does it have, is it developable and how would you get access to it? Again we don ’t want to create a lot or a potential that there could be so, and it may. We just want to make sure that that ’s clarified. To go back to your question, could they continue grading. Working on that. We don ’t want to hold up this developer but we do also want to create another problem in the future so we ’re trying to get some of those answers as quickly as we can. Aller: Thank you. Commissioners have any more questions at this point? Hokkanen: I have, can we pull up the map that shows that access point? I think one of them was parks and rec too. This one. Does this show? No. Generous: No, not very well. Outlot D in the bottom of this is part, is where that driveway comes off of Pioneer Trail. There it is. Hokkanen: It ’s right there, okay. Generous: And it follows right under that blue coloring and then goes under 212 and then just to the east of that pond and then it goes up to the farmstead. Hokkanen: I know where it is now, okay. Can we go just to the, it said parks and rec. It was more of an overview since we ’re talking about access. Up above in the blue so it would be north of this development. That road. Extension of Bluff Creek Boulevard. When is that scheduled to ever, is it ever? Aanenson: Yes. As part of the AUAR, the condition of the AUAR is Bluff Creek Drive needs to tie into Powers Boulevard. How that happens and when it happens is dependent upon the property owners underneath that. Hokkanen: We talked about that like a year ago didn ’t we? Aanenson: We talked about it a lot. Yeah. We ’re not in control, yep. Hokkanen: I know. Well, nice. Because you ’re adding all these, another development that then has, so I ’m just a little concerned about that. Okay. That ’s my only question for the access. Weick: So access will be just then from that northwest corner into this property. Generous: That ’s correct. Weick: As it stands. Aanenson: Yeah, maybe we should clarify that. If you can go to the plat. There is an emergency access that was provided for. It ’s more like a fire lane on the western side. Yep, there you go. Right there. Generous: This little. Chanhassen Planning Commission – June 18, 2013 6 Aanenson: Yeah. Generous: They call it Street C in the report. Aanenson: So that could tie into the property to the north and that would be a secondary access in and out. It wouldn ’t be a public street. It ’d be more like a fire lane. Generous: Yeah, 20 foot wide pavement width within a 30 foot easement. Weick: And the units per acre, this falls well within correct? Aanenson: Well Bob, it ’s a lot of detail in the staff report but it ’s 4 to 8 units an acre so 4 could be low density. 4 could be medium density but it has to be at least 4 units an acre so we went through a lot of different iterations of potential layouts and they looked at doing the residential low density which would include twins and single family ’s but they needed a lot of variances on that so, and even in that case that district also requires that you preserve a significant area. In order to compress the density then you would need to preserve so there ’s some things kind of running, kind of counter intuitive there so we decided to go with the PUD, which we did in the Preserve, as Bob indicated that allow you to average some of those hard covers and kind of accomplish the same goals without the variances. So you set the framework for each one. We looked at their typical house plans to see how they would fit on there and that ’s also what we did on the Preserve. Weick: And could you, the slide that has the, I think you described it had shaded areas and you described it as the, that was the area that trees were going to be taken out. Generous: The tree preservation. Weick: So the dark shade. Generous: Are trees to be removed. Weick: Removed. So it ’s really wooded along the creek and most of that stays. Generous: Oh yes, except for this little knuckle. Weick: That little part right there. Generous: (Yes). Weick: So even the lots that will back up onto the creek. Generous: Yeah, they won ’t see, if you go out there now you don ’t see the creek because the trees are so thick. Weick: And they ’ll keep that. Generous: (Yes). Weick: Okay. Chanhassen Planning Commission – June 18, 2013 7 Aller: That will be a good buffer. What about the infrastructure? How that ’s look out there? It ’s certainly capable of handling the number of units on the proposed lots? Oehme: Chair, Planning Commission members. The areas and size for this size of development, when the AUAR and the feasibility study for the 2005 MUSA project was drafted up so we feel confident that the water and sewer capacities are adequate to support this development and all the other developments in the area. Aller: Anything else at this point? Yusuf: Was there some mention about a noise study? Aller: Yes. Yusuf: Can you explain? Generous: Yes. It ’s under the planning conditions. It ’s just to determine what mitigation requirements would be done with the development to meet state and federal standards for noise. Often times it ’s just to make sure that the homes have air conditioning would meet the standards. Sometimes they need to put up noise walls. It looks at all those issues and what needs to be done so that they comply with standards. Yusuf: Okay, thank you. Aller: And that would be done before final? Generous: Yes. Aller: Okay. Anything else from commissioners at this point? Alright, we ’ll move forward and we will open the public hearings. Anyone wishing to speak for or against the item please step forward. State your name and address for the record. Aanenson: Mr. Chair too, you might want to let the applicant for the proposal maybe come before the public. Joe Jablonski: Good evening Mr. Chair, members of the commission. My name is Joe Jablonski here this evening representing the applicant, Lennar Corporation. I appreciate the work that staff has put in on this. It has been a little bit of give and take and we ’ve been able to come up with a good plan here that ’s something that we ’re comfortable with and proud of and we hope the City will be as well. In doing so appreciate the fact that it is a difficult site because of the topography. Because of the limitations and the boundaries around it because of the creek going through the middle does certainly provide not only some challenges but also creates some nice amenities for the site, and I think that we ’ve done a good job preserving where we could through there and some of the trees that were taken out really if that property were to develop, you know we looked at it a number of ways and it just, there wasn ’t a way that we could do that to preserve those, so I think that the plan that you see tonight is a result of a lot of work that ’s been done on staff ’s level and with us and I ’d be happy to answer any questions specific to the report or to any items that. Aller: Well let me ask this. You had an opportunity to take a look at the report because you ’ve been working with staff. Joe Jablonski: Correct. Chanhassen Planning Commission – June 18, 2013 8 Aller: Is there any particular condition that you feel as though you would have a problem meeting? Joe Jablonski: You know we ’re in the process of working with the neighboring property owner to work through the easement situation. I think that it ’s important for us to know that we ’re going to be able to do that before we go forward with it anyways so we understand that very clearly. As far as everything north of the creek and what ’s going on in the Camden Ridge portion, I think we ’re pretty clear and appreciate all the work that staff has put into it and that we ’re comfortable moving forward. Now there are some representatives of the sellers here tonight that might have some questions on what happens south of the creek but we are certainly in favor of moving forward at this point and it has come to a point where timing and things become critical because we would like to see it move forward and get going so that we have the opportunity to take advantage of the few summer months that we have left, if you can call it that. Aller: Well that ’s what we ’re looking at the application before us. Joe Jablonski: Correct. Aller: So that ’s why I ’m asking you as far as the conditions that we would be imposing if we moved the motion forward. Did you have a problem with that? Joe Jablonski: Did not. Aller: And it sounds like you don ’t so that ’s great. Number two, can you give us a little bit of flavor abo ut the types of units you ’re going to put on. The number of bedrooms. The quality of materials. The price point. Joe Jablonski: Sure, we can go through that real quick. The twinhomes would be a single story with a basement type of home. They are viewed as more of a empty nester type of product but fit very well with young professionals as well. It ’s a 3 bedroom. Two bedrooms up or a den and a master bedroom and then another, the ability to finish one or two bedrooms down below. Roughly 2,800 square feet finished so, and those would be full association maintained. Full maintenance of both the exterior and the grounds around them. The rest of it would be single family detached which would range in size from 2,500 square feet probably up to about 3,500 square feet with the ability to finish more square footage down below in the lower level. It would be very similar to what we are building in our Reflections community. In fact this is a great opportunity for us to see this or look at this as a replacement community as that one starts to wind down. The materials, which we used in Reflections, included kind of a hard board or it ’s actually LP siding so it ’s a cement. Wood fiber cement. Make sure we do plan to carry that into this community as well so. Price point wise we ’re looking at the twinhomes probably in the mid 300 ’s to start with and the single family would be in the low 400 ’s or in the 400 ’s I would think. Maybe going up a little bit for the premium bluff lots which are both bigger and allow for a little bit bigger h ome because of the impervious requirements and things. Aller: Then we talked about hard cover and that the way that this is laid out now is that there ’s a hard cover analysis done on each particular unit or lot and then there is going to be some left over for additional. Is that going to go to the association then to divvy out amongst owners or do you have a plan on how you ’re going to deal with the rest of the potential hard cover? Joe Jablonski: What we would do on the, it would be a credit to that individual lot so in the case of the single family homes it would give those folks the opportunity to add porches, decks with whatever the balance of that hard cover is and similar to what we did in Reflections is those homeowners get through their disclosure process exactly what the home that is being built at and the balance of what is allowed on Chanhassen Planning Commission – June 18, 2013 9 their particular lot so they have a very clear understanding. In fact they sign off on that knowing how many square feet they have kind of left to use. In the case of the multi-family or the twinhomes there, I think what we would do a similar thing, although improvements on those are a little bit different. They ’re more, they would probably be more association wide. You know some day they may want the ability to put on a little bit bigger deck on an individual unit or something but there are definitely size variations will allow some of them to have the ability to do that more than others. Aller: Okay. And it ’s great that you ’re thinking about that because otherwise variances come at us. Joe Jablonski: Right. Aller: …kind of see whether or not that ’s … Joe Jablonski: Very good at making sure we understand that up front too so. Aller: Great. Any other questions? Withrow: I have one. You mention association. Does that apply just to the twinhomes or to all of them? Joe Jablonski: We would have a, what we would consider more of a general or generic type association for the single family as well which would deal more with architectural controls. Because there will be some open space or some areas that will require maintenance, we ’ll have to have some of that responsibility fall on the association. It won ’t be, you know we ’re not planning any private improvements on the single family part but it will just be maintaining general open space or architectural restrictions. Withrow: Thank you. Aller: Thank you very much. Joe Jablonski: Thanks. Aller: Okay, continuing on to the public hearing which is open. Any individual wishing to come forward, please state your name and address for the record. John Chadwick: Good evening commission, staff. My name is John Chadwick. I reside at 4477 Manitou Road, Excelsior, Minnesota. Good to be with you this evening. We ’ve been after this for a while as you know. I ’ve been before this body a few times for various things. I actually started working on the Bluff Creek area in 2001 on the Sever Peterson farm. You look at some of the stuff and you know the Bible is a long book and I ’m not going to take you through the whole thing here tonight but I ’d like to share with you some of the twists and turns we ’ve been on and ask for consideration with those this evening. I ’m speaking on behalf of Mr. Jeurissen who ’s here with us this evening and while we could go through everything point by point, the Sunday School teacher generally loses the class when you do that. I would like to go to page 3. There ’s some conclusions in there and try to hit those if you will. Conclusions recommended and basically there are 3 or 4 issues here. There ’s some assessment issues and there ’s access issue s and we ’ve got the assessments listed first. The program was, there ’s 30 acres of not wetland out of 36 acres. You buy 36 units and let ’s say your 36 units is 36 driveways. Please go with me for a minute and so you bought 30 driveways. You ’re not going to use 6 acres. We know that ’s wetland. You ’re never going to drive on them anyway and that, those 30 acres represent Bluff Creek Drive. Now we ’re going to go out there and plow that for you. Every day charge you interest on it every single day but we ’re not going to let you use it. That ’s the situation that Mr. Jeurissen has been in since 2006. Chanhassen Planning Commission – June 18, 2013 10 Every day interest goes by. Every day we ’re paying for something but we ’re not getting it and I ’d kind of ask you, turn to your neighbor and ask them how they feel about that if they ’re having to pay for something they don ’t get so as kind of a, and there ’s been other assessments have been paid on all 30 acres so far and so we ’re asking for just a little bit of relief here on some of the interest on some of those assessments and if we have driveways that we ’re going to essentially give away to the City over conservation, never getting to drive on them ever, why should you pay for those driveway units? And then lastly this 5 acres that Mr. Jeurissen will retain, pay for those driveway units when he ’s going to use them. Just looking kind of for a fair and equitable way to do this. I ’m sure there ’s a thousand different ways to look at it but I ask you to consider that. And as far as the south portion, which that Outlot C, there ’s been a wrangler going on with MnDOT. I won ’t drag you through all of that but it ’s going on for a year now and as of today we received a letter it ’s being transferred out of one department to another so I guess we get to start over there. Not particularly happy with that of course. And part of that whole issue came up with there was going to be a frontage road built to Mr. Jeurissen ’s property in the diagrams and during the taking. Everything was fine there. Mr. Jeurissen signed off. They did a design build. Changed that and if you look at Exhibit 1a, this one, you ’ll see some things that say frontage road and that frontage road is not there folks. That was never built. That ’s why that Outlot D needs to be retained so we can get in there and keep farming. We ’re still working on that. Also as part of. Aanenson: If you want to put those on the table. Right on that photo. Aller: Right on the photo. There you go. John Chadwick: Alright. Frontage road right here. Boy this is great video folks. First class. Okay, there ’s a frontage road right here. Just like that. Would have served both the north sides of the creek. Didn ’t get built. Never built. As recently as mid-May MnDOT went in and actually did a cost study. What would it cost to build that with the bridges? It was a million one. They said hey, we ’re not interested Mr. Chadwick. Well great. You know that ’s not particularly helpful. So then he got transferred to another department. I realize I ’m airing a little bit of God ’s wrath here but that ’s what it is. The second part, this little stove pipe I just drew right there. Subsequent when Peterson sold his property, MnDOT does own 66 feet here so there is access available. Sometime if we ever get some resolution with MnDOT, MnDOT owns all the way from this back to Pioneer Pass. That ’s all right-of-way owned by MnDOT so we ’d sure, we need some time here to work things out with MnDOT. That has been kind of a slow process and some help and forbearance on those interests, the interest on his assessments would be a nice thing to have here given the situation we ’re in and having to go through some other access issues that have been problematic. Aller: Thank you. I have read the document that you were referring to. It has been made part of the record and your comments are now part of the record as well . As a commission we ’re looking at the application, as I ’ve said before, we ’re looking at the application before us with the property in the condition that it ’s in now and so, although it ’s an interesting history as far as where the property has moved and the conditions and things of that nature, we are not an assessing body so we have no control and would not be able to grant your desires at this point. It is part of the record. It will go the City Council and it can be taken up through the proper channels there. John Chadwick: Okay, thank you very much. Appreciate it all. Aller: Any other individual wishing to come forward speaking for or against? Seeing no one coming forward, I ’m going to close the public hearing. Thank you for your comments. Commissioners. I think the report is extensive. Hokkanen: Very. Chanhassen Planning Commission – June 18, 2013 11 Yusuf: It is. Aller: I think it goes through everything that needs to be done. I would again note that we read and considered all the items and comments on pages 3 and 4 of the document provided to us. Weick: Is it okay to ask another question? Aller: Sure. Weick: There ’s a, I think there ’s mention made of the park that ’s within the mile radius so you don ’t have to build a park within this development. Generous: Right. Weick: I guess one thing that popped up when he mentioned empty nesters and that ’s sort of this idea of accessibility is there. Accessibility from this development to that park or is there planned accessibility? Meaning a path or something. Generous: There is a proposed trail to connect to it which would, if we can get it to Pioneer you could go either way. Weick: Okay. Generous: So it will make a nice loop eventually when it ’s all complete. Weick: Okay. Aller: And some of that trail is going to be the result of additional development if and way that happens. Generous: Yeah, to the south. Aller: To the south. Weick: Okay, thank you. Aller: Okay. Any other comments? Sounds like it will be a diverse grouping of homes in a very difficult area to create a nice living environment. It sounds like this is going to be nice. Any other questions or comments? I ’ll entertain a motion if anyone feels like making a motion. Hokkanen: The Chanhassen Planning Commission recommends approval of the rezoning, subdivision and conditional use permit for the Camden Ridge development subject to the conditions of the staff report and adoption of the Findings of Fact and Recommendation. Aller: I have a motion. Any discussion on the motion? Do I have a second? Yusuf: Second. Aller: Any discussion? Chanhassen Planning Commission – June 18, 2013 12 Hokkanen moved, Yusuf seconded that the Planning Commission recommends the City Council approves Rezoning from Agricultural Estate (A2) to Planned Unit Development-Residential (PUD- R); Subdivision into 32 single family lots, 26 twinhomes and 9 outlots; and a Conditional Use Permit to allow development within the Bluff Creek Overlay District subject to the following conditions and adoption of the attached Findings of Fact and Recommendation: Building Conditions : 1.Demolition permits are required for the removal of any existing structures. 2.Buildings may be required to be designed by an architect and/or engineer as determined by the Building Official. 3.A final grading plan and soils report must be submitted to the Inspections Division before permits can be issued. 4.Retaining walls over four feet high require a permit and must be designed by a professional engineer. 5.Each lot must be provided with separate sewer and water services. 6.The applicant and/or their agent shall meet with the Inspections Division as early as possible to discuss plan review and permit procedures. 7.Submit proposed street names to Chanhassen Building Official and Chanhassen Fire Marshal for review and approval. Engineering Conditions : 1.The developer must obtain right-of-way for the part of River Rock Road that connects to Bluff Creek Boulevard. 2.The proposed “Easement Detail ” must be revised to include how the easements around the perimeter of the twinhome lots will be platted. 3.The developer ’s engineer must adjust the grading on the trail near Outlot F so that it will meet ADA standards. 4.The contours near the northwest corner of Pond 2, between Lots 6 and 7 must be smoothed out. 5.Additional information needs to be noted (such as elevation points between the lots) between lots on the north side of Street B to show the grading will allow water to drain away from the structures. 6.The final plans must note the survey benchmark on the plan set. Chanhassen Planning Commission – June 18, 2013 13 7.The final plans must note the existing and proposed elevations at the corners of each lot. 8.The grading behind all the retaining walls must be modified so that water will not drain down the face of the wall. 9.Walls taller than 6 feet shall not be constructed with boulder rock. 10.Retaining Wall B must be moved so that it is outside the drainage and utility easement at the back of the lots. 11.A Homeowners Association must be created to take ownership of all retaining walls and the draintile along the face of Retaining Wall B. 12.Local streets must be within a 60-foot wide right-of-way. 13.At final plat, the Engineering Department will review the profile of Street A between stations 2+00 and 4+00 to ensure the profile meets the minimum length requirements for vertical curves. 14.The proposed centerline grade at the intersection of River Rock Drive and Street A must not be greater than 3%. 15.The existing driveway access to TH 212 must be closed. 16.The developer ’s engineer must design a Street C typical section. 17.The development is adjacent to Bluff Creek Boulevard and is therefore subject to the arterial collector fee at the time of final plat. 18.The developer ’s engineer must incorporate pressure-reducing valves and a surge protection system into the watermain plans. 19.The developer ’s engineer will ensure that CBMH-102 does not conflict with the nearby watermain. 20.At the time of final plat, the Bluff Creek Boulevard Improvements assessment must be paid or reassessed. 21.Water and sewer hook-up fees must be paid at the time of final plat. Fire Conditions : 1.A three-foot clear space must be maintained around fire hydrants. 2.Temporary street signs must be installed prior to home construction.   Chanhassen Planning Commission – June 18, 2013 14 3.No burning permits will be issued. Any trees removed must either be chipped on site or removed from site. 4.Water mains shall be made serviceable prior to combustible construction.   5.Posts, fences, utility boxes etc. shall not be placed near fire hydrants which would hinder firefighters to quickly locate and/or operate fire hydrants in a safe manner. Natural Resources Conditions : 1.The applicant shall increase bufferyard plantings to meet minimum requirements. 2.The applicant shall plant a minimum of 130 trees in the development. 3.The applicant shall diversify the plant schedule so that no one species comprises more than one third of the total number of trees. 4.The applicant shall specify vegetation proposed for Outlots A, B and C. 5.The applicant shall submit a revised landscape plan to the city prior to final approval. 6.The applicant shall preserve trees #1301, 1302, 1303. These trees along with trees #1393- 1398 shall be protected by fencing prior to and during any grading or construction activities. 7.The developer shall install signage at lot lines to demarcate the Bluff Creek Primary Zone. Parks Conditions : 1.Full park dedication fees shall be collected per city ordinance in lieu of requiring parkland dedication. 2.Construction of Bluff Creek Trail from its current southerly terminus, extending between the new homes and Bluff Creek to a terminus point at TH 212. The developer shall provide design, engineering, construction and testing services required of the “Bluff Creek Trail.” All construction documents, including material costs, shall be delivered to the Park and Recreation Director and City Engineer for approval prior to the initiation of each phase of construction. The trail shall be 10 feet in width, surfaced with asphalt and constructed to meet all city specifications. The applicant shall be reimbursed by the City for the cost of the aggregate base, asphalt surfacing, and storm water systems utilized to construct the trail. This reimbursement payment shall be made upon completion and acceptance of the trail and receipt of an invoice documenting the actual costs for the construction materials noted. Labor and installation, design, engineering and testing services are not reimbursable expenses. Planning Conditions : Chanhassen Planning Commission – June 18, 2013 15 1.The developer shall pay $6,285.00 as its portion of the 2005 AUAR prior to recording the final plat. 2.The developer shall prepare a noise analysis for noise generated by traffic on Highway 212. The analysis shall identify appropriate noise mitigation measures to meet noise standards for residential homes as specified by the Minnesota Pollution Control Agency, which shall be implemented by the developer. 3.Dedication of the Bluff Creek Overlay District primary zone shall be made to the city or a preservation easement shall be established over said outlot(s). 4.The property owner shall provide appropriate technical information, including but not limited to a topographical survey, flora and fauna survey and soil data deemed necessary for the city to determine the exact watershed zone boundary on Outlot C, Jeurissen 1 st Addition. Data for watershed zone delineation shall be generated and provided by a qualified professional specializing in watershed management, environmental science or other related profession. 5.The property owner must advise the city of the intended use of Outlot C, Jeurissen 1 st Addition, and how it shall be accessed. This Outlot may not be developable or accessible in the future. 6.Final plat approval will be contingent on the developer resolving the access issue. Either an access easement or right-of-way must be in place prior to any site development. 7.Individual lots may not exceed the maximum hard cover per lot established in the compliance table. Water Resources Conditions : 1.Land disturbance within the first twenty feet of the Bluff Creek Overlay District setback shall not be allowed unless the applicant can demonstrate that the goal cannot be achieved without the proposed disturbance. 2.A mitigation/restoration plan must be provided for any disturbance within the Bluff Creek Overlay District or setback from the BCOR. 3.Trail must be aligned to minimize the encroachment into the BCOR primary zone and minimize loss of natural vegetation and habitat. 4.Efforts must be made to minimize the number of inlets into each pond. 5.The proposed ponds must be designed with a forebay. 6.The plans must demonstrate how water quality basin #1 and water quality basin #3 will be accessed. This includes all inlets, outlets and filtration benches as well as sediment removal from forebay and water quality volume. Chanhassen Planning Commission – June 18, 2013 16 7.The stormwater design shall, to the greatest extent practicable, seek to maximize infiltration, extend detention times and protect Bluff Creek from scour and other erosive conditions. 8.The applicant must evaluate downstream flow conditions as indicated in Section 19-144. 9.A Surface Water Pollution Plan and all required elements must be provided to the city for review. This plan must be compliant with NPDES requirements as well as the requirements of Chapter 19 of city code. 10.SWMP trunk fees due at final plat are estimated to be $113,350.25. 11.The development must comply with the MN Rules chapter 6120 and the DNR must issue their concurrence to this effect. 12.No alterations are allowed within the primary corridor or within the first 20 feet of the setback from the primary corridor.  Grading activities have been observed within this area  along the south side of Bluff Creek.  The applicant should submit a plan for the revegetation  of this area that incorporates native plants and is consistent with the City ’s Bluff Creek Natural Resources Management Plan Appendix C.  Any such areas that have been disturbed  through the removal or addition of soils material prior to approval shall be addressed prior to commencement of other grading activities but no later than seven (7) days from approval. All voted in favor and the motion carried unanimously with a vote of 6 to 0. Aller: Okay, thank you very much. Thank you for your input. APPROVAL OF MINUTES: Commissioner Hokkanen noted the verbatim and summary Minutes of the Planning Commission meeting dated May 21, 2013 as presented. CITY COUNCIL ACTION UPDATE AND FUTURE PLANING COMMISSION AGENDA ITEMS . Aanenson: Included in your packet is the upcoming items. Unfortunately we ’ve got a couple of meetings that we won ’t be able to have. One, we don ’t traditionally meet the second meeting, the first meeting in July because it falls during the 4 th of July week which we sometimes have a hard time getting a quorum. Having said that, that means our second meeting in July will be quite a bit busier. We do have two variance requests on. We also have another subdivision. A PUD for single family and then also a senior living. Another senior living project so, so it will be a little bit longer and we ’ll do our best to try to get it to you in a manner that makes it easier for you but so that will be a little bit bigger meeting. Also on the top we do have some other projects coming in. We anticipate either the first or the second meeting, or excuse me that first meeting in August then is National Night Out. We ’ve chosen to let all of you be with your neighborhoods and also the department heads typically go out too to different neighborhoods so that first meeting in August we do anticipate a couple of commercial, small commercial projects on for that application so we ’re working through those so I think they ’re pretty exciting. So we know for that. And then we talked about with our joint tour, I thought there was a memo in there and I apologize, that we picked September 11 th or 10 th so that ’s your off meeting night. It would either be a Tuesday or Wednesday so if you felt like staying with the Tuesday, that would be great but we will have a tour we ’ve done with the Environmental and the Park Commission so, if you want to show hands for the 10 th and we ’ll count or 11 th and then we ’ll kind of. Chanhassen Planning Commission – June 18, 2013 17 Aller: Is everybody open, is anybody not available for the 10 th or 11 th ? Aanenson: Would you prefer a Tuesday? Weick: Of September? Aanenson: September, yeah. Withrow: Is that a Tuesday or Wednesday? Aanenson: Yep. So if you want to stick with a Tuesday. We ’re either on, it ’s like Environmental Commission ’s meeting night or yeah. So either one works. Hokkanen: It ’s all the same for me. Weick: Okay what days, I ’m sorry? Aanenson: Tuesday or Wednesday. Weick: Yeah, okay. No preference. Aanenson: Okay, great. Well we ’ll get that scheduled and get that onto your calendars for that. Planning Commission update. Excuse me, City Council update. The Bluff Creek Woods was approved with some modifications so with preliminary plat they ’re going forward with the final plat. Then the variance for the Worm, the City Council heard that and then actually the applicant, they tabled it for some additional information and then the applicant chose to withdraw that application so that one will not be going forward. I think they wanted some additional information on that so, and then I skipped over back on May 28 th then the Bluff Creek Gardens. That line adjustment down at the bottom of the Y in kind of preparation for some of the changes happening down there with the river crossing was also approved. And then I did want to point out, I included just a couple, I did include an article on, or two articles. One on that new PCA rules and that ’s going to be part of our tour. Talking about more stormwater so this is kind of a good primer for you to be thinking about as we go out there and then a good article too on shoreland variances. I thought that was pretty interesting. I know if somebody ’s taken that GTS class, I think you probably talked about some of those too but it ’s another good perspective on shoreland variances. So with that, that is all I had Chair so we will not be meeting again until July 16 th so. Aller: Great. Anything further from any commissioner? Alright, the meeting is adjourned. Chairman Aller adjourned the Planning Commission meeting at 7:50 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim CHANHASSEN PARK AND RECREATION COMMISSION REGULAR MEETING SUMMARY MINUTES JUNE 25, 2013 The Park and Recreation Commission toured capital improvement projects from 5:30 p.m. to 7:30 p.m. Chairman Kelly called the meeting to order at 7:40 p.m. MEMBERS PRESENT: Cole Kelly, Steve Scharfenberg, Brent Carron, Jim Boettcher, Rich Echternacht, and Luke Thunberg MEMBERS ABSENT: Elise Ryan YOUTH REPRESENTATIVES PRESENT: Jacob Stolar and Ryan Lynch STAFF PRESENT: Todd Hoffman, Park and Rec Director; Jerry Ruegemer, Recreation Superintendent; Mitch Johnson, Recreation Supervisor; and Jodi Sarles, Rec Center Manager PUBLIC PRESENT: Gary Carlson 3891 West 62 nd Street APPROVAL OF AGENDA: Chairman Kelly welcomed new youth representative members Jacob Stolar and Ryan Lynch to the Park and Recreation Commission meeting. PUBLIC ANNOUNCEMENTS: 2013 KLEINBANK SUMMER CONCERT SERIES. Mitch Johnson provided an update on the KleinBank Summer Concert Series. 30 TH ANNUAL CITY OF CHANHASSEN 4 TH OF JULY CELEBRATION. Mitch Johnson provided highlights of activities associated with the three day 4 th of July celebration. Commissioner Boettcher asked about the flier listing all the activities. Commissioner Scharfenberg asked about volunteer opportunities. YOUTH COMMISSIONER INTRODUCTIONS. Jacob Stolar and Ryan Lynch provided background information on their school s and activities. APPROVAL OF MINUTES: Echternacht moved, Boettcher seconded to approve the verbatim and summary Minutes of the Park and Recreation Commission meeting dated May 29, 2013 as presented. All voted in favor and the motion carried unanimously with a vote of 8 to 0. VISITOR PRESENTATIONS. Gary Carlson, 3891 West 62 nd Street expressed concern with the lack of a stormwater drainage plan for Cathcart Park which has become 5 acres of hard surface coverage . He asked the City to look at changes to the park to help address runoff onto his property noting the problem being that the park is on Chanhassen property but the City of Shorewood developed and maintains it. Chairman Kelly asked Todd Hoffman to explain the arrangement between the City of Chanhassen and the City of Shorewood. Todd Hoffman stated he would be in contact with Terry Jeffery, the City ’s Water Resources Coordinator, Paul Oehme, City Engineer and Public Works Director, Mike Wegler Street Superintendent and the City of Shorewood and respond back to Mr. Carlson. Park and Recreation Commission Summary – June 25, 2013 2 PARK AND TRAIL CONDITIONS OF APPROVAL-CAMDEN RIDGE-REQUEST FOR REZONING FROM AGRICULTURAL ESTATE (A2) TO PLANNED UNIT DEVELOPMENT- RESIDENTIAL (PUD-R); SUBDIVISION OF APPROXIMATELY 24 ACRES INTO 32 SINGLE FAMILY LOTS, 26 TWINHOME LOTS, AND 7 OUTLOTS; AND A CONDITIONAL USE PERMIT TO ALLOW DEVELOPMENT WITHIN THE BLUFF CREEK OVERLAY DISTRICT. PROPERTY IS LOCATED AT 1500 PIONEER TRAIL. APPLICANT: LENNAR. OWNER: BRUCE JEURISSEN. Todd Hoffman presented the staff report on this item. Chairman Kelly asked about revenue generated from park dedication fees. Commissioner Echternacht asked about the location of the trees being saved. Commissioner Scharfenberg asked about the approval process. Scharfenberg moved, Carron seconded that the Park and Recreation Commission recommends the City Council apply the following conditions of approval concerning parks and trails for Camden Ridge: 1.Full park dedication fees shall be collected per city ordinance in lieu of requiring parkland dedication; and 2.Construction of Bluff Creek Trail from it ’s current southerly terminus, extending between the new homes and Bluff Creek to a terminus point at TH 212. The developer shall provide design, engineering, construction and testing services required of the “Bluff Creek Trail ”. All construction documents, including material costs, shall be delivered to the Park and Recreation Director and City Engineer for approval prior to the initiation of each phase of construction. The trail shall be 10 feet in width, surfaced with asphalt and constructed to meet all city specifications. The applicant shall be reimbursed by the City for the cost of the aggregate base, asphalt surfacing, and storm water systems utilized to construct the trail. This reimbursement payment shall be made upon completion and acceptance of the trail and receipt of an invoice documenting the actual costs for the construction materials noted. Labor and installation, design, engineering and testing services are not reimbursable expenses. All voted in favor and the motion carried unanimously with a vote of 8 to 0. RECREATION CENTER REPORT. Jodi Sarles reviewed summer hours at the Rec Center, which began Memorial Day weekend, program information regarding Dance for Fun, Youth Safety Trainings, Rec Center Sports, Little Free Library and upcoming Rec Center events. PARK AND TRAIL MAINTENANCE REPORT. Todd Hoffman informed the commission of Dale Gregory ’s unofficial announcement of his retirement after 42 years with the City of Chanhassen ’s park department. Commissioner Carron brought up the issue of drainage on the new trail crossing at Highway 41. SENIOR CENTER REPORT. Todd Hoffman provided an update on the Senior Center activities and invited commission members to attend the annual Evening with the Mayor that will take place Thursday, July 18 th at 5:00. 2013 FOURTH OF JULY CELEBRATION. Mitch Johnson passed out brochures and provided an update on activities planned for the 30 th Annual 4 th of July celebration being held on July 2 nd through July 4 th . Park and Recreation Commission Summary – June 25, 2013 3 2013 KLEINBANK SUMMER CONCERT SERIES. Mitch Johnson expressed appreciation for KleinBank ’s sponsorship of this program. ADMINISTRATIVE PACKET. Chairman Kelly asked about feedback from the Star Tribune article he had brought up regarding new restrictions from the State . Commissioner Boettcher commented on the Al Klingelhutz pavilion dedication on June 9 th . Carron moved, Echternacht seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 8 to 0. The Park and Recreation Commission meeting was adjourned at 8:45 p.m. Submitted by Todd Hoffman Park and Rec Director Prepared by Nann Opheim CHANHASSEN PARK AND RECREATION COMMISSION REGULAR MEETING JUNE 25, 2013 The Park and Recreation Commission toured capital improvement projects from 5:30 p.m. to 7:30 p.m. Chairman Kelly called the meeting to order at 7:40 p.m. MEMBERS PRESENT: Cole Kelly, Steve Scharfenberg, Brent Carron, Jim Boettcher, Rich Echternacht, and Luke Thunberg MEMBERS ABSENT: Elise Ryan YOUTH REPRESENTATIVES PRESENT: Jacob Stolar and Ryan Lynch STAFF PRESENT: Todd Hoffman, Park and Rec Director; Jerry Ruegemer, Recreation Superintendent; Mitch Johnson, Recreation Supervisor; and Jodi Sarles, Rec Center Manager PUBLIC PRESENT: Gary Carlson 3891 West 62 nd Street APPROVAL OF AGENDA: Kelly: Anything anybody needs to add to the agenda? Boettcher: How about introduction of our new members. Kelly: Oh yeah, we ’d like to welcome Jacob Stolar and Ryan Lynch as our new commissioners. Congratulations for being appointed gentlemen. So nothing will be added to the agenda. PUBLIC ANNOUNCEMENTS: 2013 KLEINBANK SUMMER CONCERT SERIES. Johnson: Good evening commissioners. My name is Mitch. I ’m the Recreation Supervisor with the Park and Rec Department. KleinBank Summer Concert Series is in full swing. We have 2 concerts in. This week tomorrow, or excuse me Thursday we have our first noon concert or afternoon concert. It starts at 11:00 a.m. It ’s the Wonderful World of Woody. Then we take a week off the 4 th of July then we get into the Daisy Dillman Band and a couple other big names to wrap up the summer. The Okie Dokie Brothers and things so every Thursday night throughout the summer, 7:00 p.m. except this Thursday it ’s 11:00 a.m. to 12:00 p.m. 30 TH ANNUAL CITY OF CHANHASSEN 4 TH OF JULY CELEBRATION. Johnson: And move on, 4 th of July. 30 th Annual 4 th of July celebration begins next week, July 2 nd , 3 rd and 4 th . July 2 nd is Family Night at the carnival. July 3 rd is the street dance and the big night here at City Center Park. And then on the 4 th we go out to Lake Ann Park for some fishing contests and some beach games and also here at the 4 th in downtown we ’ve got the parade and the fireworks back out at Lake Ann Park so. Kelly: Any questions for Mitch? Park and Recreation Commission – June 25, 2013 2 Boettcher: Mitch, do you have the, like you did last year, the handout with all the events and stuff on it? Johnson: Yep, I do. I brought a whole stack here. I ’ll make sure you get some. Boettcher: Okay, good. Scharfenberg: Mitch are you going to contact us for any assistance, help this year? Johnson: We ’re going through the schedules now. I don ’t think we ’ll need assistance but I ’ll certainly keep you guys in mind if we could use you anywhere. Scharfenberg: Okay, and so if I wanted to do the raffle then talk to Terry Kimble. Johnson: You could, yep. Alright. Hoffman: Are they running it? Johnson: They ’re not running it this year. Scharfenberg: Oh they ’re not? Johnson: So the booster club backed out, just for lack of participation and finding volunteers and stuff. Scharfenberg: Okay. Johnson: So we reached out to CAA and a couple other youth organizations and nobody was interested. Scharfenberg: So we ’re not doing one this year? Johnson: Not doing one this year. Scharfenberg: Oh really. Johnson: One of those things I think that ’s kind of fizzled out over time and then I don ’t know if you take a year off if it will spark back up next year or just one of those things that you can move on from. Scharfenberg: You get all those regulars that are used to hanging out back there buying tickets. Johnson: Yep, exactly. Kelly: I was able to make the first KleinBank series. That was just a wonderful night. Wonderful concert. If you can make it out there you should try to get out there when you can. It ’s just a wonderful venue. And I ’m looking forward to the big celebration coming up Mitch, thanks. Johnson: Yep, thank you. YOUTH COMMISSIONER INTRODUCTIONS. Park and Recreation Commission – June 25, 2013 3 Kelly: Well we kind of did the youth commissioner introductions already. Todd, anything you want to add about them? Hoffman: If you want to introduce yourselves. Kelly: You want to tell us a little bit about yourself? Each of you can take a turn. Stolar: I ’m Jacob Stolar. I go to Minnetonka. I ’m going to be a junior. I play baseball and basketball and as you all know my dad served on the board for. Lynch: I ’m Ryan Lynch. I go to Holy Family. I will be a senior next year. Play football, hockey and I also do trap shooting. Yeah, great. Hoffman: Nice job. Appreciate it. Kelly: Welcome to the board and again congratulations on your appointment. APPROVAL OF MINUTES: Echternacht moved, Boettcher seconded to approve the verbatim and summary Minutes of the Park and Recreation Commission meeting dated May 29, 2013 as presented. All voted in favor and the motion carried unanimously with a vote of 8 to 0. VISITOR PRESENTATIONS. Kelly: Do we have a visitor here tonight? Yes we do. Sorry about that. Gary Carlson: Good evening. My name is Gary Carlson. I reside at 3891 West 62 nd Street in Chanhassen. I live in the Cathcart home. I live on the corner of West 62 nd and Cathcart and I own the 5 acre hobby farm that ’s there and that house has been there since 1862. Been a home there. I once owned the land on both sides of Cathcart Park and used to raise corn on Cathcart Park so Gary Carlson goes back a while in the neighborhood. What we need to work on is, that park is totally in Chanhassen and through the years Shorewood would send a letter and say we ’re putting in a baseball diamond and Chanhassen must have said fine. We ’re putting in a tennis court. Chanhassen must have said fine because it ’s within Chanhassen ’s regulations. But there was never a stormwater drainage plan done. So it has slowly become a full 5 acres of hard surface. Whether it ’s hard mowed lawn, tennis courts, parking lot. So 5 acres of water comes onto Gary Carlson ’s property in a one 7 to 12 inch high wave. It ’s washed out Cartway Lane many, many times and we try and kind of solve like the doctor, well we ’ll treat that symptom. We ’ll treat this symptom. Our street department has been wonderful. They ’ve been very accommodating. The City of Chanhassen has come out many times and fixed the little gravel road that goes by the ho use but it ’s time to get into the process. Look at budgeting. Hire an engineer and what ’s happened is it ’s Shorewood ’s park but it ’s in Chanhassen so Chanhassen wants to do, can do, wants to do. Shorewood wants or can do but it ’s in Chanhassen. I mean it ’s, it ’s getting to be quite a, it ’s getting to be time. I ’ve been very patient to get this looked at. Solved. Put in the budget process. Hire some engineering and say okay, let ’s get this park, as anybody else in the city develops 5 acres, Chanhassen has been very good and very thorough. They make you do all the planning. They make you, which is proper. That you handle your stormwater. You retain it on site and only let it go out at the rate that it used to go out before it was developed. You know if it was a forest. If it was a field or if it was a pasture or, but this has slipped through the cracks because you know, well you don ’t know. You want to put in a baseball diamond? Well there ’s no building involved. You don ’t need a building permit for it I mean so it ’s, it ’s got cracks that it ’s been happened. So I ’m just here to say, you might see this and if there ’s someone that lives up there, they might kind of take it and run. You know help run with it in the next couple years. I ’ve talked to our staff. They ’re very good. Very accommodating and it ’s just a matter of lining up the Park and Recreation Commission – June 25, 2013 4 ducks. Now I don ’t know if everyone of Chanhassen ’s parks are just developed that way. I don ’t know that. You guys might question that as you ’re going forward. Are all our parks just drained however they were when they were first said, well you ’re a park now and you can picnic on it and the next thing you know there ’s a baseball diamond on it. Next thing you know there ’s hockey rink on it. You know what happens to all that water? Is that just dumped onto the neighbor, but it ’s happened on this park and so going forward any help I can be or any help I can give or be asked to come and get it started but it just needs to say well we have some money for a study. Hire, you know if the city engineering staff can do it, as to how to hold the water. Retain it on the park because going forward our street department keeps berming the road and now what I ’m saying, my house. I own two houses on this property so you say well Mr. Carlson, you live way up at the corner. Well I also own a home on the other end of my property that was built back when Chanhassen was a township and that ’s the house that gets inundated. I ’ve taken out all the carpet and have ceramic tiled the lower floor. It ’s a walkout and it was graded and built according to Chanhassen regulations. Has plenty of fall from the house but when 7 inches of water comes down your driveway and you only have a 2 inch fall on your driveway, you can see I lose. I lose all the time and I ’ve had a 500 year event. I ’ve had two 100 year events and now we just had the 3 inch event which washed out the road and I ’m not that close to 100 yet. I don ’t deserve all these events being, okay well hopefully going forward someone will pick up the ball and kind of guide it to, because the park needs it. If they keep berming the road which if you drive out there and see at that end of my property where that house is, the City of Chanhassen has got quite a rise in that road now to try and hold the water at least on that side. Well when they hold it on that side of the, it goes into another neighbor and then he ’ll be in front of you so it would be good that that park solve it ’s stormwater retention and deal with it with you know in line to the next, there ’s storm sewers down, I mean downhill from it that are handling their waters and you might be able to get into that system and dump the excess there or something but I ’m not an engineer but I thank you for your time. Kelly: Thank you Gary. Anybody have any questions for Gary or Todd? Todd I ’m familiar with Cathcart Park. I ’ve been there a few times and I am familiar that Shorewood developed the park but we still own the land or it ’s still in Chanhassen or how does that work? Hoffman: The City of Shorewood owns the land and the park and it ’s within the city of Chanhassen. Gary Carlson: Yeah they ’ve asked us to, and I think we do share the lawn, I guess we do the lawn mowing. Hoffman: Not anymore. Gary Carlson: Well now you ’ve changed that so I mean it was a sharing. Sometimes Chan would mow the lawns there just because they had the big equipment up that way or something but it was a sharing thing that ’s happened through the years and it has b een a free gift to Chanhassen …and they put in a nice swing set there last year. So how it gets paid for, the problem is that Cartway Lane and Church Road were never, they ’re township roads that were just paved so there ’s along them there ’s no stormwater handling properly …roadway doesn ’t dump that much water so all the neighbors and residents take it up but it was a city street here you know you ’d be curb and gutter and have catch basins and all that so all that water also comes onto mine because I ’m downhill from even the corner of Church Road and West 62 nd which is the prime corner of the park. Even that, I get all the water off of that park, from that park which the park, when they put in that last parking lot Shorewood said well our water drains to Church Road. On our new parking lot. Well sure it is. Well Church Road then drains down to Cartway Lane which ends in my property so because it wasn ’t, any highway engineer wouldn ’t have designed it that way. It ’s just how those roads on the border between Shorewood and Chanhassen so that road maintenance has always been, you ’re going to do it or I ’m going to do it. Unfortunately …those kind of border line properties, they always take a lot of teeth grinding and citizen input to keep things rolling Park and Recreation Commission – June 25, 2013 5 along. Sorry to take up so much of your time on it but if I can answer any of your questions. Kelly: Thank you Gary. Scharfenberg: Todd, is this something that ’s on the City ’s radar at all? Hoffman: Yes it is. Scharfenberg: Okay. Hoffman: And Terry Jeffery, our Water Resources Coordinator and Paul Oehme, our City Engineer and Public Works Director, Mike Wegler our Street Superintendent, they ’re all very familiar with this so I ’ll follow up with those staff members and the City of Shorewood and assess where it ’s at with the stormwater issue in the park and then we ’ll respond back to Mr. Carlson. Kelly: Okay, thank you Gary. Thank you Todd. No other visitor presentations. PARK AND TRAIL CONDITIONS OF APPROVAL-CAMDEN RIDGE-REQUEST FOR REZONING FROM AGRICULTURAL ESTATE (A2) TO PLANNED UNIT DEVELOPMENT- RESIDENTIAL (PUD-R); SUBDIVISION OF APPROXIMATELY 24 ACRES INTO 32 SINGLE FAMILY LOTS, 26 TWINHOME LOTS, AND 7 OUTLOTS; AND A CONDITIONAL USE PERMIT TO ALLOW DEVELOPMENT WITHIN THE BLUFF CREEK OVERLAY DISTRICT. PROPERTY IS LOCATED AT 1500 PIONEER TRAIL. APPLICANT: LENNAR. OWNER: BRUCE JEURISSEN. Hoffman: Thank you Chair Kelly, members of the commission. This is a property we visited just some probably half hour, 45 minutes ago. Camden Ridge is a new development being proposed by Lennar Group and then the owner of the property, Bruce Jeurissen. It ’s situated in Bluff Creek, in the Bluff Creek corridor area. Areas of the plat are near or in the primary Bluff Creek watershed and where we stopped on our tour, we drove right down this temporary trail and we were stopped right at the end of our trail system, which our trail ends right here. So as you looked to the south and back to the east, that ’s the field where these homes, new homes would be constructed as a part of the Camden Ridge. The proposed motion for the commission tonight, recommending that the City Council apply a couple of conditions of approval concerning parks and trails for Camden Ridge. That full park dedication fees be collected per city ordinance in lieu of acquiring parkland dedication. In this case a single family home is $5,800. The twins are less than that. That is collected at the time of the platting. At the time of the final platting and those dollars are then deposited in the City ’s park fund to help pay for all the other improvements that are going on in the area in parks and trails. The second proposed motion for Camden Ridge is the construction of the Bluff Creek trail from it ’s current southerly terminus, which we took a look at extending between the new homes in Bluff Creek to a terminus point at Highway 212, and how we do those is, this trail section would be a part of the Comprehensive Plan. It ’s on our trail plan so when the developer is developing the adjacent piece of property, we want them to grade, install the trail but we don ’t feel like it ’s their complete obligation to build that trail for the entire community so we want to pay them back for the gravel, the asphalt, and the stormwater improvements. The other costs are incidental to the development of the property and those are expected to be paid for by the developer. So the trail should be 10 feet in width. Surfaced with asphalt and constructed to meet all city specifications and then the applicant will be reimbursed. Labor, installation, design , e ngineering and testing services are not reimbursable expenses. That ’s been a common use practice in our community and constructing trails concurrent with development and Camden Ridge, or their representatives have not been notified of any dispute to that recommendation. Background of the property. We ’re not going to go through that in great detail. Parks and open space. We have a half a mile park service area and the park for this, these homes Park and Recreation Commission – June 25, 2013 6 would be Pioneer Pass Park. So it ’s on the exterior is on the outside. It ’s not, it ’s at the 1 1/2 mile radius and it is obviously, there are some hills but there is a trail system. That ’s how you would connect to the Pioneer Pass Park. In this situation many of these residents would choose to load up their family, especially small children and drive to that park site which is also convenient and then park in the parking lot to access the park. So the park needs are met. There ’s also the woods which is just to the north. Portions or all of that will be preserved into a park preserve type setting. That is part of the primary zone and the Bluff Creek Overlay, and that ’s the woods. The large woods which is right up in this hill so there will be much open space in the area. The trail plan, we ’ve already talked about that. This section of the Comprehensive Plan, City ’s comprehensive trail plan is on this property and so would run right along the creek from north down to south. Everybody calls it the spider bridge on 212. That ’s located right here. When we get to that terminus of the plat we would like to work with the owner, Bruce Jeurissen and Lennar to try to extend this at least on a temporary basis and so people can get up to Pioneer Trail down that driveway. That gravel driveway. They ’re going to do it anyway. You ’re so close now that they ’re going to want to make that connection and so, but there may be some property issues that they don ’t want to get involved with so we ’ll have to have those conversations but when dealing with the plat, what is outlined in black, those are the recommendations that we have for you tonight and again I ’ve heard no negative comments from the developer. Be happy to answer any questions of the commission and then I recommend you make a motion to the City Council. Kelly: So Todd what, if we got full fees would it be about $300,000? Hoffman: I ’ve not done the calculation. Kelly: I ’m sorry. Hoffman: I ’ve not done the calculation. Echternacht: Todd, if I recall, is it Degler that has one little area there so all the trees behind that area would remain. Hoffman: Correct. Echternacht: Okay. Just those 6 lots or 7 lots , okay. Hoffman: All those trees are likely to remain. That ’s into a future development but it ’s in the primary Bluff Creek zone which says by zoning that they shall, it shall remain and it ’s recommended to stay but until that land comes in for development there really is no definitive answer on what will happen to that particular location. Because it ’s under private ownership. Scharfenberg: Todd where is this request in terms of the rezoning process? Hoffman: It ’s at the Planning Commission and it was approved at the preliminary level and so now you ’ll incorporate your recommendations and it will go to City Council next. Scharfenberg: Okay. Hoffman: Another interesting thing to take, at least be aware of. This road extension is likely to be a fire lane that will extend on the east side of the trees all the way back up to Bluff Creek Drive. So this would be a through road but would not be open and it may be utilized as a pedestrian trail in the interim so it would be a full width road but it would be closed to traffic unless you have a fire lane situation where it could be opened … Park and Recreation Commission – June 25, 2013 7 Kelly: I just figured it based on roughly $6,000 for single homes and $3,000 for twin homes. I don ’t know what, you said it was $5,800 I think. Hoffman: Yep, $5,800 for the single, yep. Kelly: And I don ’t know what the double homes are. Hoffman: $3,800 or slightly more than that. Kelly: So my estimate should be a little low. Echternacht: Todd is it pretty standard that parks are within a mile and a half? Is that what? Hoffman: Half a mile. Echternacht: Oh half a mile, okay. Hoffman: So there ’s a park service area map on page 3 of the packet. Echternacht: Yep. Hoffman: It shows the Pioneer Pass Park service area and the green circle incorporates all of Camden Ridge so they ’re within a half a mile of Pioneer Pass Park. Basically what that is saying to them, if you want a park within a half mile of everyone ’s front door you certainly should not be more than that because you can ’t afford to pay for them, construct them and maintain them in the future so you want just enough park to service everyone. In this case it would be the full half mile walk to the park but that ’s within the park service area. Thunberg: In the neighborhood across the street, is that The Preserve? There ’s a small park in the middle of that development. Is that a city park or is that just within? Hoffman: That ’s association. Thunberg: That ’s association. So there is a small park across, on that location. Hoffman: But that ’s, we wouldn ’t include that in our calculation. I think in the future when that wooded area develops, there would be a chance for a pocket park kind of right up alongside the road so to incorporate almost like a trailhead so if you had trails in that woods, you ’d have a little pocket park. It ’d be up in, just up in the north here so there might be that opportunity. Kelly: So Todd the construction of the trail, it looks like you want the applicant to do pretty much everything but what are we paying for on that? Hoffman: Rock, asphalt and then the stormwater pipe. Kelly: So we ’re just paying for the materials and they ’re doing all the work as part of the deal? Hoffman: Correct. It ’s a good arrangement. That ’s the time when the trail should be built. It ’s in such tight proximity that when they ’re grading for those lots, then they should go ahead and grade that trail bench in. It really doesn ’t work to have them do their work first and then have us come back and … Park and Recreation Commission – June 25, 2013 8 Kelly: Right, so what do we estimate our costs at? Hoffman: We don ’t have those numbers. Kelly: Yeah. What ’s a best educated guess? Hoffman: 100 bucks per foot. Kelly: Okay. Hoffman: And I don ’t know what the … Over a 1,000 feet so, yeah $150,000 or less probably. Kelly: Okay. Hoffman: We ’ll get those numbers. Once it ’s approved they ’ll go ahead and estimate those numbers and I can report back on those costs. Kelly: Any other questions for Todd at the moment? Does anybody want to provide a motion? Scharfenberg: I ’ll make a motion. I would move adoption of staff ’s recommendations for Camden Ridge for full park dedication fee to be collected per city ordinance requiring parkland, in lieu of parkland dedication. Along with construction of the Bluff Creek trail as set forth in staff ’s proposal. Kelly: Is there a second? Carron : Second. Kelly: All those in favor. Oh questions? Do you have a question? Scharfenberg moved, Carron seconded that the Park and Recreation Commission recommends the City Council apply the following conditions of approval concerning parks and trails for Camden Ridge: 1.Full park dedication fees shall be collected per city ordinance in lieu of requiring parkland dedication; and 2.Construction of Bluff Creek Trail from it ’s current southerly terminus, extending between the new homes and Bluff Creek to a terminus point at TH 212. The developer shall provide design, engineering, construction and testing services required of the “Bluff Creek Trail ”. All construction documents, including material costs, shall be delivered to the Park and Recreation Director and City Engineer for approval prior to the initiation of each phase of construction. The trail shall be 10 feet in width, surfaced with asphalt and constructed to meet all city specifications. The applicant shall be reimbursed by the City for the cost of the aggregate base, asphalt surfacing, and storm water systems utilized to construct the trail. This reimbursement payment shall be made upon completion and acceptance of the trail and receipt of an invoice documenting the actual costs for the construction materials noted. Labor and installation, design, engineering and testing services are not reimbursable expenses. All voted in favor and the motion carried unanimously with a vote of 8 to 0. Park and Recreation Commission – June 25, 2013 9 Echternacht: Question for you. Hoffman: Yeah. Echternacht: Do our new commissioners realize that they can vote as well? They may not know the rules. Hoffman: Just say aye or nay. Kelly: Yeah, you guys vote and ask questions, you know that right? Okay. RECREATION CENTER REPORT. Sarles: Great, thank you Chair Kelly. Greetings commissioners from the Rec Center. I ’m Jodi Sarles. I ’ m the manager out there. Welcome you guys. We are now on summer hours so starting Memorial Day we kind of shorten our days a little bit. We go 5:30 a.m. to 9:00 p.m. so we cut an hour out of the day there. Weekends we go 8:00 to 6:00 and Sundays we ’re closed in the summer. Just kind of based upon the usage of the Rec Center and people in and out, kind of a little bit of money savings but also due to lack of use out there so. We ’ve got a few things. Summer maintenance is going to come up faster than we think but August 15 th and so we shut down from August 15 th through Labor Day this year. It ’s about the same every year. The amount of time that we go down for basic overhaul cleaning. They sand down the floors and re-surface the gym and the studio there. The last week we ’re open we tried, last year usually they try to make us stay open for 4 days but we don ’t have a gym or studio. This year they ’re only going to sand it one of those days so we were able to slim that down just a little bit this year so we can let our basketball players and our dancers and everybody to continue to use the space. Let ’s see, it feels like it ’s been a while but Dance for Fun, we just had our year end recital. That was in May over at the Chan High School. We had around 200 dancers participating. We sold over 730 tickets for the 3 shows. We worked with some in town, Chanhassen Floral to sell the flowers out there. We did t-shirts and DVD ’s and already we ’re starting, we ’ve placed 44 dancers into competition teams and they ’re starting to work for next year already so just is kind of a never ending process there. We keep the girls dancing all summer into the fall so. Youth safety training. I should update these numbers for you today. Today we had 16 more achieve their babysitting training certificates so it ’s 32 now so far for the year. 21 kids have done the Safe On My Own class. We added 11 more yesterday so now we ’re up to 32 on that one. Those are great classes for kids. That teaches them how to be safe when they ’re at home and then the babysitting one, all the kids want to get those certificates so they can go out and earn some summer dollars here helping out the neighbors. Rec Center Sports. It ’s been a challenging summer a little bit with the weather. We had a slow start to a few of the programs but for the spring the Small Fry Sports, we just had overwhelming. We would fill those programs up right away so we weren ’t able to keep up with the demand so for the summer we expanded our roster sizes which added the challenges because we couldn ’t bring them back into the gym because you can ’t have 25 kids playing, little, little ones playing soccer so, so we had a few cancels but we ’re back up and we did some reschedules and some refunds and reschedules and so we ’re working with our staff to get that settled and hoping that that second session works much better. That the weather stays away. At least I ’m crossing my fingers for Mondays, or Tuesdays and Wednesdays is when we run programs and about the first two weeks this summer, both those days were not good days to have them. So but we ’ve run the little ones, we had 68 soccer players . Our first session of the Small Fry t-ball had 51 kids. When we did run that one in the gym we did end up having whiffle balls and plastic bats and a little more safe equipment in there for those kids. Our 4 to 6 year old children, those are the Lil Stars and again wet weather so it ’s been difficult there but we had 40 kids that they played soccer and now we are just finishing up next week with the make-up games we ’ll be finishing up with 94 kids participating in that first session of t-ball so it continues to be a great program for kids and families to kind of learn and play and have a good time here. After school sports, it seems Park and Recreation Commission – June 25, 2013 10 like that ’s another one we haven ’t seen kids in the school for a while so 26 kids were in our After School Sports activities. We did soccer, flag football and tennis. Looks like in the fall we ’re going to add lacrosse as one of our sports but we ’re kind of asking if you guys have any additional suggestions to what we can do to kind of revamp that after school program. Any ideas that maybe you two new commissioners here could help us out or point us in any direction you think might help us boost up those numbers a little bit and get more kids participating. We have a few challenges since we just offer them a couple days a week. It ’s not an every day. It ’s not a daycare type aspect that we do. It ’s more fun and sports so. Kelly: So how many days a week do you offer each of these? Sarles: We do one on Tuesdays and one on Wednesdays. We kind of match the same schedule. Kelly: So just those two days that we need the good weather for, okay. Sarles: Yeah we only need Tuesday, I mean I personally would like weekends if you can add that for me I would appreciate that as well but, no. Let ’s see moving on we, if you haven ’t been by the Rec Center lately we have a Little Free Library out in front in the little courtyard area right in front. I guess it ’s not a courtyard. There ’s a bench there. We installed the Little Free Library this June. It went along with the Hooked on Books event this year with the library and the school district had created this and they were looking for a home and I raised my hand and I said we ’d love to have that out there and we actually have some people coming up and say where can we get books? So now we have our own little free library and it ’s got a life of it ’s own. People dropping off books. People picking up books. I check in every now and again but yeah, everything, pretty much everything ’s turned over so it ’s good. People are using it. We have a couple stewards that are helping us out with the project so they ’re just making sure that everything is functioning and nobody vandalizes it and the books are appropriate and that ’s Dave and Jan Lundquist and they ’re very frequent users of the Rec Center so they ’ve agreed to help us out out there. And then now for a few upcoming events out at the Rec Center. We continue to do the pickleball clinics so we have free pickleball clinics on the outdoor courts there so Cole, yeah. You can come out and take part. We ’ve got trainers on hand. Kelly: Just what I need. Sarles: Yeah, so we ’ve kind of tried to put them like the next one will be July 9 th and that ’s 9:00 to 10:30 in the morning. And then on the 29 th we ’ve bounced that one back and did the 5:30 to7:00 p.m. so everybody ’s welcome. We provide the equipment. Equipments available to check out from the Rec Center too if you want to go play so it has no cost to it at all and we ’ve got a great relationship with the Southwest Metro Pickleball Association or Club so they ’re a good group. And then we start our Dance for Fun open houses in August so we ’ve got first one coming up August 6 th . Then the 14 th and then we do one right when the kids go back to school on September 4 th so big recruiting effort for our dance program. But those are the updates from the Rec Center. If you have any questions or comments for me. Kelly: Questions for Jodi. Scharfenberg: Jodi for the pickleball equipment, does it check out until what, 8:00 or? Sarles: Basically til 9:00. You know we typically just take a license or most people leave us their car keys. Come up. Grab the bag and go out and play so each bag has 4 rackets or paddles and then 4 balls so. Scharfenberg: Okay. Park and Recreation Commission – June 25, 2013 11 Echternacht: The After School Sports, what time is that? Like 3:30 to 5:30? Sarles: We run them right, the school that we ’re attached to, Bluff Creek Elementary, they get out of school at about 10 to 4:00 so they ’re the latest in the bunch so then our program runs from 5:00. The kids coming right at 4:00. You know 10 to 4:00 so we run it til 5:00. Stolar: For the After School Sports, is it like, is it just like organizing? Just have like counselors there or how is it organized? Sarles: Yeah we have, depending on the amount of people that are registered, we at least have 2 people out there helping out with the sports. You know if we ’re doing something more like dodgeball, which is more fun play versus instructional, then we tend to have maybe 2. If it ’s a bigger group of kids we throw in another 2 or 3 staff to make sure that we ’re giving them the right attention. Stolar: Okay, thank you. Kelly: So Jodi, how ’s that new equipment we bought the past few years holding up? Sarles: So far so good. You know we ’ve replaced a few things but everything seems to be holding up well. We ’ve added a few, you know a couple helmets here. Somehow when we got the baseballs or the small softballs we ’ve acquired more than we bought so that was a good thing for us. Somehow they ’re finding them out on the field but everything seems to be, you know when it comes to replacement time, it ’s only a few pieces here and there so it ’s not, it hasn ’t become a huge problem for us. You know the biggest things of what we buy is like dodge balls because those just kind of break down. Kelly: So what needs do you have that you don ’t, something you don ’t have? Sarles: Well we just purchased some lacrosse equipment. Depending on how that program starts up for us in the fall, that ’s another one that could grow in expense quite a bit. We only bought enough equipment for about 12 so that we could start it up and create that. Anytime you start a different, like you know people are looking more at those alternative type sports sometimes like lacrosse or now we ’ve got a demand for archery so we ’ve been partnering with Carver County so they ’ve brought in some equipment for that. But anytime we do anything new or start up, that ’s when we would require more. Right now with the ages of the kids that are using our equipment, it doesn ’t get beat up as much. Now like if I have a basketball, that gets beat up right away so. Kelly: So it sounds like everything ’s going very well. Sarles: Right, yeah. It is going very well. Kelly: Well thank you for all the great work you ’re doing over there. Sarles: Thank you very much. PARK AND TRAIL MAINTENANCE REPORT. Kelly: Dale ’s not here so I have a feeling I know who ’s speaking for him. No? Oh, Todd gets to speak for Dale. Go ahead Todd. Park and Recreation Commission – June 25, 2013 12 Hoffman: Dale as you know has unofficially announced his retirement and so we don ’t have an official date yet but when those dates and celebrations of his career are set, we will certainly let you know. 42 years with the City of Chanhassen. The entire time serving as either Park Foreman or Park Superintendent and so when you think about Dale has really seen the construction and development of anything and everything we ’ve ever done in our city that has to do with parks and trails so we ’re very proud of that accomplishment and we will duly celebrate his retirement once he officially names the date. He is out this evening taking care of home selling issues and other things related to that. In his division they are busy, busy, busy. It ’s very difficult to, you hate to get him on the phone to add one more thing to the list because there ’s just not room anyway so why waste the time talking to him about another issue. The storm damage, they did respond to. We really dodged a bullet with that. Storm damage was very minimal in Chanhassen so we ’re thankful for that in our area. Any issues regarding maintenance that I can bring to his attention? Carron: Just one thing that I don ’t think we should look at, or do anything now but something to look at in the future is the new trail that we just put in at 41. Hoffman: Yep. Carron: At the tunnel. Coming down off that hill. Granted there ’s no cover on that first lot that just, or that lot that ’s being built but it ’s always wet and it ’s always draining across there and I don ’t know if a French drain or something like that would be a good idea but I think in the constant moisture and the wetness there is going to deteriorate that trail. Hoffman: Correct. I agree with that and I talked to SRF and that ’s a design issue. My response to SRF is that the people of Chanhassen, the people of Carver County deserve better. To design a trail that does not function is not our, it ’s not where we want to be so they ’ll be responding back with a fix in two areas. Right at the tunnel and then up the hill on that high portion there ’s also, to the north of there there ’s also some drainage. And so they ’ll be responding back with a fix. I ’m not sure if it ’s going to be Rosti that ’s going to be installing that or somebody else but we have to get that water out of the asphalt so we don ’t have the premature aging of the asphalt surface. But we also, if we have that water in there too long we ’re going to develop algae and then people will start to slip, especially on their bikes. Carron: Good. Hoffman: So we ’re addressing that and we ’ve talked about icing in the tunnels. We try to prevent it. It did occur so we ’re going to work on some additional drainage corrections there. Project, any project has it ’s in ’s and out ’s and up ’s and down ’s and water and this one is one of the biggest issues we have right now so, we ’re not interested. I ’m not interested in investing $1.8 million dollars of the public ’s money and not having a product that is brand new and shiny and ready to be used so we ’ll be addressing that. Carron: Okay. Hoffman: Any other maintenance issues? Kelly: Any other questions for Todd on the park and trail? Hoffman: Just keeping up with grass is the biggest challenge right now. Kelly: When Dale does decide when his retirement is you ’re going to let us know right away I assume and let us know what the plans are. Park and Recreation Commission – June 25, 2013 13 Hoffman: We will. Kelly: Thank you. SENIOR CENTER REPORT. Hoffman: Senior Center Activities, in the summer the senior population grows in our community and thus programs always take off. Sue and her volunteers do a wonderful job and Sue works hard so she ’s off on a vacation for a week and a half or so. Taking some time away from the senior center but all of their programs are full. Very well received. Our senior participants are happy with what goes on in the building, and outside the building on trips. Mark down Thursday, July 18 th , 5:00 if you ’d like to come and rub elbows with the Mayor and the other seniors, that would be a great evening to do so. It starts at 5:00 with a dinner and then we go outside for the concert, and what ’s our concert that night? Big band? Johnson: Minnesota Community, Minnesota Valley Community B and. Hoffman: So if you have the opportunity mark that down. Come visit with the Mayor and the seniors and then take in the concert that evening and we would appreciate your participation. So that ’s what ’s going on at the senior center. Always popular. Very nice place to be. Kelly: Any questions on the senior center for Todd? Thank you Todd. 2013 FOURTH OF JULY CELEBRATION. Johnson: Thank you Chair Kelly and good evening again commissioners. I passed out, we kind of touched on it a little bit earlier during public announcements the 4 th of July celebration. I passed along our colored brochure for this year as well as our tri-fold. The tri-fold will be inserted in the Villager this Thursday and the color magazine you may have seen in the Villager last week. It was also mailed to all residents who don ’t receive the Villager. Really happy with the way it turned out this year. Being it ’s the 30 th annual celebration we try to go for a little vintage look to it. You know a little distressed look which seems to kind of be in style nowadays. We kind of put the collage of the old pictures on front. Staff actually designed the entire cover and then we partnered with Southwest Newspapers for the publication and some of the articles written too. This is a great you know publication we look forward to every year and I think a lot of people really embrace over the years. We kind of hit on some of the history of the event and kind of some how it ’s developed. We developed some new event maps as well as a new parade route map. In the center you can see the schedule of events. We kind of lay it out by date and kind of highlighted some of the key events like the street dance, the family night, the carnival, the parade and then of course the fireworks out at Lake Ann Park. Also included is the parade Grand Marshal. We include that with the parade page and then of course on the back are all of our sponsors who sponsor all of our community events. 4 th of July is number 3 of a series of 4. Without these sponsors you know events like this wouldn ’t be possible. I think our sponsorship now is over $31,000 in cash and donations so very thankful for those sponsors who try to do as much as we can to kind of provide some additional exposure for them. In the tri-fold like I said, this is kind of a nice piece for people to put in their pockets for the event to kind of carry with them. Kind of lays out all the events. We kind of cleaned it up this year. Some of the descriptions so we could kind of keep it to an 8 1/2 by 11 page. In the past it was legal but we went to color printing this year and we kept that in-house to kind of save on some costs as well, and then once again we ’ve got all the sponsors listed on that for some additional exposure. On the back you ’ll see we ’ve got 4 th of July t-shirts that we ’re selling this year. I brought some samples that people can check out. Kind of something fun on the front of the cover. You ’ll see the kid in the red shirt is actually wearing one of the 4 th of July t-shirts so thanks to the magic of graphic design we were able to make that happen and kind of help with some pub of the shirts so check those out. Like I said those are going to be Park and Recreation Commission – June 25, 2013 14 all over the community or else they ’re distributing them at the Rec Center and City Hall. Like I said the event begins Tuesday, July 2 nd . We ’re actually up to 8 food vendors now. The report says 7. The Chanhassen Dinner Theater was the eighth food vendor that just signed up. Thanks to the Rotary Club. Chanhassen Rotary Club. They organize the Taste of Chanhassen as well as the car show and also the parade. We do partner with a lot of organizations including the Minnesota Twins for the baseball clinic out at the Storm/Red Birds Stadium. Like I mentioned the Southwest Newspapers publication. Also the Southwest Metro Chamber of Commerce sponsors the Business Expo so we ’re thankful for those partnerships and look forward to continuing to grow the event over the years. Of course CBO will be back for the street dance this year so we ’re excited on the third. Something new we have this year, we ’re actually adding some video screens behind CBO. There ’s going to be a three piece video crew that will actually be projecting the singers and the concert onto these big LED screens and then during the intermissions the City has the right to put whatever they want on the screens so we ’re going to run some slides of old photos of the event over the years. You know put our sponsors up there and kind of events to look forward to on the 4 th and stuff so really excited about that. You know kind of that step it up a notch I guess and I think it will add some nice color with the big white tent too so we ’re looking forward to that. Like I said we ’ve got some great PR going out in the Villager as well as a couple ads. And then I mentioned the shirts that we can take a look at after the meeting if you ’d like. Does anybody have any questions on the 4 th of July celebration? Kelly: It ’s very impressive. Very nicely done. Johnson: Thank you. Kelly: Any other questions? Let ’s move on. Hoffman: Question for Jacob or Ryan. Have you participated in the past for the 4 th of July? Stolar: Yeah. Hoffman: What ’s been your impression or what do you like about it or what? Stolar : Well I ’ve done some, like the basketball tournament before. I always do the Water Wars. I think that ’s really fun. Food ’s always good. Hoffman: Great. Lynch : Yeah actually we have some family coming in for this year ’s 4 th of July and they ’re all excited about the Street Dance. And then I think we ’re going to watch the parade and we go to it every year. I mean it ’s always really fun so, good time. Hoffman: Good, thank you. Johnson: Any other questions? 2013 KLEINBANK SUMMER CONCERT SERIES. Kelly: I guess you ’ve already kind of touched on that too. Park and Recreation Commission – June 25, 2013 15 Johnson: Yeah, kind of touched on that. You know just a big thanks to KleinBank across the street here. They ’ve been the title sponsor for the last few years. They ’ve donated or sponsored worth $2,000 which covers half the cost of the concert series so we ’re very thankful for them. They provide free water at all the events. For the kids concerts they do balloons and face painting and we really appreciate that partnership. The City ’s once again selling little concessions out there. We ’ve got our popcorn machine. The first two concerts we ’ve already done more sales than we have all of last year so we ’re really excited about that. I think people are coming to expect that so the 50 cent popcorns kind of add up over the length but nothing to pay for the series so thanks to KleinBank for that. We developed fliers. You may have seen around town with all the event listings. We ’ve got magnets that we ’ve distributed the first couple concerts and hopefully everybody got one of those. We ’ve also had a nice write up in the Villager the last two weeks highlighting the events and then Facebook seems to be very popular and the website also to kind of plug those events. Kelly: Great, thank you very much Mitch. Johnson: Thanks. ADMINISTRATIVE PACKET. Kelly: Todd before we get to the administrative packet, I was wondering if you had a chance to run down that Star Tribune article I talked about last meeting and talk to our Water Resources Coordinator? Hoffman: I did and Mr. Jeffery reported that what we ’re talking about, he ’s up to speed with and he didn ’t really feel the need to come down and give a report to the commission but he ’s tracking, I don ’t recall the specifics of the article but I did talk to him and he didn ’t have any great concerns. Kelly: Okay great, thank you Todd. And then I guess that brings us onto the administrative packet. Anything you want to point out specifically Todd? Hoffman: No, not that I recall. Picnic evaluations I believe in there. Kelly: Yeah, I think Jerry ’s getting really good reviews on the evaluations. Good job Jerry. Hoffman: Then I guess we did include the, all the fourth graders from Chanhassen Elementary designed a park so Sunnyside Park was one of the parks that was designed and the kids were very enthusiastic about the project and the STEM program. Science, Technology, Engineering and Math so that was a fun project for that group. Kelly: Any other questions for Todd? Any other issues anyone would like to bring up? Boettcher: I just wanted to mention that Luke and Steve and I and Todd, we were at the pavilion dedication. Al Klingelhutz, was that 3 weeks ago? Hoffman: June 9 th . Boettcher: Yeah. It was very neat. Great to see the whole family there and son and daughter get up there and talk about their dad and it was pretty interesting. Weather was bad but we all huddled under the pavilion and waited until the rain broke and then the Mayor went out there and they unveiled the memorial to them but it was really a good time. Park and Recreation Commission – June 25, 2013 16 Kelly: Well good, I ’m glad we had a good showing there of commissioners. Anybody would like to call the question ? Carron moved, Echternacht seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 8 to 0. The Park and Recreation Commission meeting was adjourned at 8:45 p.m. Submitted by Todd Hoffman Park and Rec Director Prepared by Nann Opheim