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CC SUM 2014 05 27 CHANHASSEN CITY COUNCIL REGULAR MEETING SUMMARY MINUTES MAY 27, 2014 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, Councilwoman Ernst, and Councilman Laufenburger STAFF PRESENT: Todd Gerhardt, Kate Aanenson, Todd Hoffman and Roger Knutson Mayor Furlong added item number 4 under New Business. Appointment to the Planning Commission. PUBLIC ANNOUNCEMENTS. Mayor Furlong conducted the swearing in ceremony for Don Johnson as the first full time Fire Chief for the City of Chanhassen. His wife Renee pinned the badge on him during the Badge Ceremony. The meeting was recessed at this point for cake. CONSENT AGENDA: Councilwoman Ernst moved, Councilman McDonald seconded to approve the following consent agenda items pursuant to the City Manager’s recommendations: 1. Approval of City Council Minutes dated May 12, 2014. 2. Receive Planning Commission Minutes dated May 6, 2014. 3. Approve Amendment to City Code Concerning Solicitor and Peddler Licenses. 4. Approval of Resolutions Revoking Conditional Use Permits Issued by the City: Resolution #2014-33: a. #2003-08, 8170 Mallory Court Resolution #2014-34: b. #1997-05, 1905 Stoughton Avenue Resolution #2014-35: c. #1984-20, 7300 Galpin Boulevard 5. Deleted. Resolution #2014-36: 6. Approve Resolution Accepting $500 Donation from KleinBank Chanhassen for the Senior Center Life-Long Learning Program. 7. Next Steps Learning Center: Approval of Site Plan Review for a 3,000 square foot building expansion, 1430 Park Court, Lot 1, Block 2, Rome Park; Applicant: Jeremy Spaude. All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS: None. LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE. Sergeant Mike Walling provided an update on Carver County Sheriff Office’s participation in the statewide May Click It or Ticket seat belt thst mobilization program that will run from May 19 through June 1. Councilman Laufenburger asked for clarification on the change in the law where not wearing your seatbelt became a primary violation. Chief Don Johnson provided updates on fire fighter orientation, physical agility testing, interviews for new recruits, calls for service numbers, training, equipment compliance testing, meeting with apartment complex managers in the city to review severe weather, fire and security issues, and noted there was nothing to report on the fatality fire. City Council Summary – May 27, 2014 ND BLACK WALNUT ACRES 2 ADDITION; 6260 CHASKA ROAD, OUTLOT A, BLACK WALNUT ACRES; FAZEL AND SARIKA HARIS: APPROVE RESOLUTION APPROVING PRELIMINARY AND FINAL PLAT WITH VARIANCES TO SUBDIVIDE 2.4 ACRES INTO ONE LOT ZONED SINGLE FAMILY RESIDENTIAL. Kate Aanenson presented the staff report and Planning Commission update on this item. Mayor Furlong clarified that there were no variances associated with this request. Councilwoman Ernst asked for clarification on the grading plan. The applicants, Fazel and Sarika Haris clarified that the assessments had been paid in full and that they were working with a surveyor to fulfill drainage conditions. Councilman Laufenburger asked for clarification on the conservation easement with Shorewood. Councilwoman Tjornhom moved, Councilman Laufenburger seconded that the City Council approve a Preliminary and Final Plat for Black Walnut Acres Second Addition to replat 2.4 acres into one lot on property zoned Single Family Residential (RSF) and located at 6260 Chaska Road (Outlot A, Black Walnut Acres), Planning Case 2014-12, as shown in plans dated Received April 4, 2014; adoption of the attached Findings of Fact and Recommendation; adoption of Resolution 2014- 37, and subject to the following conditions: Engineering Conditions 1.Before the final plat is recorded the GIS fees must be paid as well as any recording fees not collected with the final plat application. 2. At the time of final plat all unpaid assessments plus additional accrued interest must be paid or reassessed. Environmental Resource Conditions 1.The applicant shall plant one 2½” diameter overstory tree in the front yard. Building Official Conditions 1. Appropriate permit(s) required for the demolition or moving of any existing structures. 2. A final grading plan and soils report must be submitted to the Inspections Division before building permits can be issued. 3. Retaining walls over four feet high require a permit and must be designed by a professional engineer. 4. Each lot must be provided with separate sewer and water services. Water Resources Coordinator Conditions 1.Prior to any earth-disturbing activities, the applicant shall provide a completed wetland delineation report and a Minnesota Wetland Conservation Act Application for Approval of Wetland Type and Boundary. Upon concurrence with the delineated boundary, construction activities may proceed. 2 City Council Summary – May 27, 2014 2.Wetland buffer monuments will need to be placed along the wetland buffer consistent with section 20-411 of Chanhassen City Code. 3.A detailed erosion control plan consistent with Chapter 19 of Chanhassen City Code will be required with the site plan/building permit application. Engineering Conditions 1.The developer must submit a soils report to the City indicating the soil conditions, permeability and slope. 2.The grading plan must show drainage arrows for proposed and existing water flow. 3.The developer’s survey shall show the benchmark location and elevation on the plan. 4.In order to understand the proposed grading, more spot elevations must be added. The plan needs to show a spot elevation at the center of the driveway at the curb line as well as the proposed elevation at the corners of the proposed building. 5.The plan shall be revised to show locations of any proposed stockpile areas. 6.The grades must be revised so that no slope is steeper 3:1. 7.The driveway must be revised to have one access from Chaska Road instead of the horse- shoe driveway shown. 8.The driveway must be outside of the 10-foot sideyard setback from the property line. 9.The services for the proposed house must be directionally bored to the water main and sewer main located on the south side of Chaska Road. 10.Partial water and sewer hook-up fees are due at the time of final plat. 11.The developer shall make revisions as necessary to address comments from MnDOT and other stakeholder agencies. Planning Conditions 1.Approval of the subdivision is contingent upon the applicant dedicating a conservation easement and restriction over the vacant parcel located in the City of Shorewood to remain as open space. All voted in favor and the motion carried unanimously with a vote of 5 to 0. THTH 3010 WEST 78 STREET REZONING, NORTHWEST CORNER OF WEST 78 STREET AND HIGHWAY 41, WESTWOOD COMMUNITY CHURCH: REQUEST FOR REZONING FROM RURAL RESIDENTIAL (RR) TO OFFICE/INSTITUTIONAL (OI) OF 1.25 ACRES. Councilman Laufenburger recused himself from this item due to a conflict of interest. Kate Aanenson presented the staff report and Planning Commission update on this item. Mayor Furlong asked for 3 City Council Summary – May 27, 2014 clarification on the difference between the Land Use Designation of Public/Semi-Public and the zoning as Office/Institutional. Speaking for Westwood Church, Scott Sturm, 1051 Anthony Way, Victoria explained that with the sale of property to Arbor Cove, this is an administrative clean up in terms of the legal description. Councilman McDonald asked about the use of the house. City Manager Gerhardt explained that according to State Statute council should first approve the re-guiding and then the rezoning. He asked that this item be tabled. Councilwoman Ernst moved, Councilman McDonald seconded that the City Council table action on th the rezoning of 1.25 acres of property located in the northwest corner of Highway 41 and West 78 th Street (3010 West 78 Street). All voted in favor and the motion carried unanimously with a vote of 4 to 0. DISCUSS FEES FOR GRAVES AT THE CHANHASSEN PIONEER CEMETERY. Todd Gerhardt presented the staff report on this item. Councilwoman Ernst asked how the revenue from the cemetery is spent. The City Manager suggested council members establish a special fund for the cemetery to track revenues and expenditures which would require a resolution. Councilman Laufenburger voiced support for the resident and non-resident fee and establishing a special fund, but suggested looking at such time when no more revenue is coming in but there are still expenses associated with maintaining the cemetery. He also brought up the idea of establishing a citizen advisory commission to act as the advisory group to the decision making body, which in this case would be the City Council. Council members concurred with the resident and non-resident fees, there was discussion regarding establishing market rates for grave sites and maintenance costs into the future and directed staff to bring back more information. No action was needed on this item to table. APPOINTMENT TO PLANNING COMMISSION. Mayor Furlong moved, Councilman McDonald seconded to appoint Dan Campion to a 3 year term expiring March 31, 2017 to the Planning Commission. All voted in favor and the motion carried unanimously with a vote of 5 to 0. COUNCIL PRESENTATIONS. Mayor Furlong extended the City’s thanks and appreciation to the American Legion for hosting the Memorial Day event. Councilman Laufenburger noted that the home th opener of the Chanhassen Red Birds was tonight, Friday night, May 30 is the Bountiful Basket Border Battle, and invited city employees, volunteers, council members and commission members to attend th Chanhassen Employee Recognition Game on Wednesday, June 4. Councilman McDonald noted that he thought Mayor Furlong’s speech at the Memorial Day celebration was very good in tying his trip to Washington into the speech. ADMINISTRATIVE PRESENTATIONS: Todd Gerhardt provided updates on road projects and detours. CORRESPONDENCE DISCUSSION. None. Councilwoman Ernst moved, Councilman McDonald seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The City Council meeting was adjourned at 8:35 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 4