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CC 2014 08 25 CHANHASSEN CITY COUNCIL REGULAR MEETING AUGUST 25, 2014 Mayor Furlong called the meeting to order at 7:00 p.m. The meeting was opened with the Pledge to the Flag led by Boy Scout Aaron Nowak. COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilman Laufenburger, Councilwoman Ernst, Councilwoman Tjornhom, and Councilman McDonald STAFF PRESENT: Todd Gerhardt, Paul Oehme, Kate Aanenson, Todd Hoffman, Jill Sinclair, and Roger Knutson Mayor Furlong: Thank you Aaron and welcome everybody here in the council meeting and those watching at home. We’re glad that you joined us this evening. At this time I would ask members of the council if there are any changes in any of the agenda? If not, without objection we’ll proceed with the agenda as published. PUBLIC ANNOUNCEMENTS: None. CONSENT AGENDA: Mayor Furlong: Based on some changes to one of the items, item number E(7), I’d like to pull that and move that to the second item, or bring that to new. Well it’s old but we’ll take it under New Business. We really don’t have an old business here on the agenda this evening but even though that could qualify so that will come under item, Section I. E(7). Are there any other requests either by members of the council or by the public present in the council chambers today to seek a separate discussion. Questions regarding items E (1) through (8), excluding (7). Seeing none, is there a motion to adopt items E (1) through (8) excluding (7)? Councilman Laufenburger: So moved. Mayor Furlong: Is there a second? Councilwoman Ernst: Second. Councilman Laufenburger moved, Councilwoman Ernst seconded that the City Council approve the following consent agenda items pursuant to the City Manager’s recommendations: 1. Approval of City Council Work Session Minutes dated August 11, 2014. 2. Receive Park and Recreation Commission Minutes dated July 22, 2014. 3. Bandimere Park Expansion Project PKI&T-114: a. Item Deleted. b. Approve Encroachment Agreement with Magellan Pipeline for Work in Pipeline Easement. Resolution #2014-53: 4. Preserve at Rice Lake: Approve MnDOT Noise Wall Agreement. Resolution #2014-54: 5. Apple Tree Estates: Accept Public Streets and Utilities. Chanhassen City Council – August 25, 2014 6. Approval of Temporary On-Sale Intoxicating Liquor License, German Dinner and Dance Event, October 11, 2014, St. Hubert Catholic Community, 8201 Main Street. 7. Moved to I(1). Resolution #2014-55: 8. Approve Resolution of Support for a Business Application to the State of Minnesota Job Creation Fund. All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS: EAGLE SCOUT PROJECT, INSTALLATION OF A COMMUNITY ORCHARD AT OLSON COMMUNITY GARDENS, AARON NOWAK. Mayor Furlong: If you’d like to come forward tonight under visitor presentations I’d invite you at this time. Tonight we are going to receive a presentation from Aaron Nowak who is a Life Scout working on his Eagle Scout project and good evening Aaron. Thanks again for helping us earlier tonight with the Pledge of Allegiance. Aaron Nowak: Yep, thank you. I’m Aaron Nowak from Troop 345 in Deephaven, Minnesota but I do live in Chanhassen and my project will be working at the Olson Community Garden in Chanhassen and we’ll be planting dwarf apple and cherry trees and also raspberry and blueberry patches. The key goals for this project is to give the community a place to go and pick fruit for their families and also there will be self sufficient plants and the wall will have a 30 year life span and trees even longer. Here is the work site that I’ll be working in. It’s at, it’s along Santa Vera Drive and it’s the long stretch from the entrance down to the end. And the project details is there will be a retaining wall with berry patches over it. There will be 16 berry plants. There will be 8 blueberry and 8 raspberry and then there will also be 3 dwarf apple trees along the long stretch and right next to that there will be 3 dwarf cherry trees. Here’s a blueprint of the orchard. Sorry if it’s hard to see but the retaining wall will be 38 feet by 12 feet long and it’s a 20 foot slope and then there, on the left there will be the 8 blueberry plants. On the right there will be 8 raspberry plants and then right next to that there is 3 cherry trees and 3 apple trees. Here’s the budget for this project. The retaining wall will be from Timber Masonry and it’s 38 feet and that will be $1,705.00. Then the trees and plants, there’s 3 Montmorency Cherry, 3 Honeycrisp Apple, 4 Chippewa Blueberry, 4 North Country Blueberry, 4 Heritage Raspberry and 4 Ann Yellow Raspberry and that would total $1,017.80 and the total for the whole entire budget will be like around $2,700. Here’s some more details on the wall but we won’t get into that tonight. And the labor cost, if we were to pay them $7.25 an hour minimum wage it would total 240 hours times $7.25 is $1,740 but it will be provided free th by the Troop 345. Here’s a timeline for the project. We plan on working, starting work September 20 and we’ll be building the retaining wall. We’ll be amending the soil for the berry patch which we will have to make sulfur and sand and then we’ll also plant the berries an edge for them that day. And then th the next, or the next week, September 27 we will dig the holes for the apple and cherry trees and they’ll th plant the trees and also mulch and water. Any additional work will be on October 11 and I will water them for the first year to make sure they get established. And for tonight’s actions I want, I was wondering if there was any questions for the project. I also want approval of the project and the budget. Mayor Furlong: Okay, thank you Aaron. Appreciate the presentation. Questions for Aaron? Councilwoman Tjornhom. Councilwoman Tjornhom: Aaron, we’ve seen a lot of boy scouts come up, or Eagle scouts, boy scouts and give presentations about ideas and tell me how you thought about this idea. 2 Chanhassen City Council – August 25, 2014 Aaron Nowak: Well I actually started meeting with Jill about, maybe around a year ago about this and we had a couple ideas about doing different projects and she told me that this was one project that we might actually want to do so I said sure, we can do it. Councilwoman Tjornhom: And just a couple more questions. So can you tell me a couple of your other ideas you had? Aaron Nowak: One was actually taking out all the mulch from the garden and putting weed barrier underneath them and re-posting the whole entire thing with new posts and new fences. Councilwoman Tjornhom: Wow, that’s ambitious. Aaron Nowak: Yeah. Councilwoman Tjornhom: Okay, and so now when these trees get planted and established they’re going to be for anybody to go pick these? Aaron Nowak: Yeah, anybody can go and grab the fruit or whatever. Councilwoman Tjornhom: That’s kind of a fun concept. I’ve never heard of that so I think it will be a great addition to our town. Aaron Nowak: Yeah. Councilwoman Tjornhom: Good idea. Aaron Nowak: Thank you. Mayor Furlong: Thank you Councilwoman Tjornhom. Other questions? Councilman Laufenburger. Councilman Laufenburger: Aaron, nice job and a nice presentation and you asked for the order which is an important part of your presentation. That you asked for the approval. Tell me this, when will these berries start, berry plants start to bear fruit? Aaron Nowak: Well we’re hoping fairly soon. Dependent upon when they actually do start, I don’t actually know that but. Councilman Laufenburger: Yeah, but I mean you plan to water them for a year for them to establish. My guess is we’re not going to see fruit that first year do you think? Maybe you could. Aaron Nowak: Yeah? Jill Sinclair: The raspberries. Aaron Nowak: The raspberries. Councilman Laufenburger: Oh really? Wow. Wonderful. Do you know how to make, bake pies Aaron? Aaron Nowak: My mom does. Councilman Laufenburger: Oh she does. Is that a commitment? Nice job Aaron. 3 Chanhassen City Council – August 25, 2014 Aaron Nowak: Thank you. Mayor Furlong: Other questions? Aaron, thank you for the presentation and we’ll get to the motion in just a second. In terms of long term care, you say you’re going to take care of the plants for the first year. Make sure they’re watered and get through. Aaron Nowak: Yes. Yes. Mayor Furlong: Long term, how do you anticipate the care for weeding the area and such like that or maybe Ms. Sinclair, long term plans for care and maintenance of the area? Aaron Nowak: I’m not real sure about weeding it or anything. Mayor Furlong: Okay. Aaron Nowak: I guess I could go and make sure it’s good every month or so. Mayor Furlong: Perhaps, and you’re probably going to have other things going on in the next few years. Aaron Nowak: Yeah. Mayor Furlong: Which may limit your ability to do that. Thoughts in terms of long term care. Jill Sinclair: Yeah, so the area is currently mowed by our parks department. Mayor Furlong: Sure. Jill Sinclair: And so the grass will still be mowed. The trees will all be mulched with wood mulch so there shouldn’t be a weed problem there. Mayor Furlong: Okay, and that’s part of the project? Jill Sinclair: Yep. The troop will be mulching the trees and the berry patch will be mulched as well. Mayor Furlong: Okay. Okay. Jill Sinclair: So weeds would be at about the same rate as they are inside the garden so. Mayor Furlong: Okay. Alright, that’s fair. That’s fair. And then just another question. You’re doing this project as a part of your requirements for Eagle scout. Aaron Nowak: Yes. Mayor Furlong: How many merit badges do you have there? You’ve got quite a few it looks like. Aaron Nowak: Ah, I don’t know. Like 30. Councilwoman Tjornhom: That’s very humble of him not to know. Mayor Furlong: Yeah for not knowing yeah. My quick count you’re well over 30 it looks like. 4 Chanhassen City Council – August 25, 2014 Aaron Nowak: Yeah. Mayor Furlong: How many do you need for Eagle scout? Aaron Nowak: I think 21. Mayor Furlong: 21. Aaron Nowak: And you need all the Eagle badges. Mayor Furlong: So you have all the requirements and you’re ready to go? Aaron Nowak: Yes, yes. Mayor Furlong: This is one of your last requirements then for Eagle scout? Aaron Nowak: Yes. Mayor Furlong: Excellent. Look forward to the project. Would anybody, he has asked us for a motion to approve the project and the budget. Certainly entertain that motion now. Councilwoman Ernst: So moved. Mayor Furlong: Thank you. Is there a second? Councilwoman Tjornhom: Second. Mayor Furlong: Motion’s been made and seconded. Any discussion on that? Seeing none we’ll proceed with the vote. Councilwoman Ernst moved, Councilwoman Tjornhom seconded to approve Aaron Nowak’s Eagle Scout project for installation of a community orchard at Olson Community Garden and associated budget. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Furlong: Very good, thank you. We’ll look forward to it. That was just for his budget Todd. Thank you. Anyone else for visitor presentations that would like to come forward this evening? If not, let’s move on with the next items on our agenda. LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE. Mayor Furlong: Tonight we receive our monthly updates from the sheriff and fire department so Lieutenant Enevold is here with the Carver County Sheriff’s Office. Good evening Lieutenant. Lt. Jeff Enevold: Good evening Mr. Mayor, council. Quick update here for you. There we go. The Green Dot scam continues. If you remember last month we recognized an employee from CVS pharmacy up here for helping a senior citizen save $3,000. Well that scam continues and some of the latest ones we’ve seen is you haven’t paid your electricity bill. If you don’t load this card and send it to us we’re going to turn your power off. You won a prize but you have to pay the shipping. Things like that so Beth and I had a meeting and we set out on an educational and awareness campaign and we talked with the managers of the businesses who carry these particular cards and we shared information with them to help 5 Chanhassen City Council – August 25, 2014 them educate their employees and place a poster up by the register informing them that these scams are occurring so be aware of it. And it was interesting because the managers at these stores told us that their employees are receiving phone calls from persons pretending to be from corporate and saying you need to load these cards up with money and then you know send it to us so, one of them actually got taken for $5,000 so I mean they’re aware of the scam and it’s actually happening so. We’re working with Sue Bill in the senior center to educate and make her seniors more aware of this scam. Councilman McDonald and I were out on National Night Out and we talked about this to all the folks that we went and saw so thought I’d take a little bit of time here tonight and try to educate the folks in the audience here and the folks who are watching at home so this scam is still out there and be aware of it. Really the bottom line here is that if anyone asks you, calls you up and says you know I want you to pay me with a Green Dot money pack card, 99.99 percent of the time that’s probably a scam so don’t do that. The last issue I have is this garage door damage. We’re seen 9 incidents in Chanhassen from July to August and there’s an estimated total damage of $16,000 plus dollars on these garage doors and what they do, our School Resource Officer, Bob Zydowsky has talked to some folks and they’ve knick named this birding. B-i-r-d- i-n-g and I’m guessing that’s because when, if you wash your windows and the birds fly into it and crash into it and I’m assuming that’s what it is. We haven’t verified that but we were, Beth and I coordinated with the Springfield neighborhood association and to offer $250 dollar reward and the City was kind enough to match that so we’ve got a $500 reward out there for information leading to the arrest or conviction of the person or persons responsible for this damage. Our School Resource Officer is talking with the kids. He’s got some leads that he’s following up on. We’re hoping that this reward will kind of expedite that and bring some more information in so. You’ve heard me say this many times before and I’m going to continue to say it as long as I’m standing up here. If you see something suspicious out there that’s out of the ordinary in your neighborhood that doesn’t look right, call 911. Send a deputy to investigate. We’d much rather come and investigate before something happens than get called the next day and you’re a victim and we have to take a report of a crime that occurred so don’t hesitate to call 911. Questions. Yes sir. Councilman Laufenburger: Lieutenant is this a vandalism? Is that how it’s prosecuted or what? Lt. Jeff Enevold: Well it’d be criminal damage to property. Yeah depending on the amount it would be categorized as a misdemeanor and felony gross misdemeanor so some of these garage doors are up to, one of them was $4,500 damage so that’s obviously a felony level crime that occurred. Councilman Laufenburger: Wow. Councilwoman Tjornhom: Mr. Mayor? Mayor Furlong: Yes Councilwoman Tjornhom. Councilwoman Tjornhom: You mentioned the Springfield neighborhood. Lt. Jeff Enevold: Correct. Councilwoman Tjornhom: So is that where all this is happening? Lt. Jeff Enevold: It is. All 9 of these incidents are in that particular neighborhood. I know last year we had some in the Longacres neighborhood but for some reason this year they’re targeting that particular neighborhood. Councilwoman Tjornhom: And is this an incident of problems in the neighborhood or have you noticed other calls for service? 6 Chanhassen City Council – August 25, 2014 Lt. Jeff Enevold: No. No, there’s nothing out of the ordinary with the exception of this and we’re trying to provide some extra patrol and our School Resource Officer has been assigned these cases because it’s more than likely we suspect some kids that are doing this. Any other questions? Mayor Furlong: Any other questions or anything on the staff report? Okay. Thank you Lieutenant. Lt. Jeff Enevold: Thank you Mr. Mayor, council. Mayor Furlong: Appreciate it. Chief Johnson is here with the Chanhassen Fire Department for our monthly update. Good evening Chief. Chief Don Johnson: Mayor, council, thank you. The fire department’s doing well. We’ve got 48 fire fighters. We do currently have 2 on leave and I’m happy to report that our 4 brand new hires will start th their academy September 8. We hope to have them probably in service within the next 3 months depending on how we can get their medical and their certification done so we’re excited to get them on the rolls as well. Year to date right now we’re running at 387 calls. The graphic’s a little small. We had 46 calls in July and, which is down a little bit from our average for the year at about 55. Again they were spread out over the periods of time. We’ve still got, we’re still running about 20 percent over where we were for last year. Projected to be about 663 depending if we stay on the pace that we’re on right now. The, this is the calls by the month of how they were broken down, and again systemically for us we do run a high, a lot of rescue calls. A lot of medical service calls. The good intent with the dispatch enroute is usually a medical that we get started on and then we’re cancelled to so again we’re here to help and when the ambulance or law enforcement determines that it’s a call they need us on we go so that’s where we’re at right now. And then the last one is a breakdown of our calls for the year and kind of where the buckets that they fit in so again you can see that we run a high level of medical calls and then a lot of false alarm calls with our CO’s and our commercial buildings. With this year our staff time is, we’re still down a little bit from where we were last year and training is down as well as far as our hours that we’re doing. We haven’t had any major focused training events that we’ve had in the past years with Blue Card and a lot of the right front seat that we’ve had these specialty trainings. We had FAO which zapped a lot of hours where you got everybody that has to do an extra 20 hours for that training cycle so we’ve kind of dropped back into the basic trainings for our certifications for the year which is kind of why the training hours are down. Safety and compliance is still one of our more important things. The compliance piece we’re right now as of today all 48 of the fire fighters are getting poked and prodded and blowing into the spirometer and making sure that we’re healthy to do our, healthy to do our jobs. We do the EKG. They do blood panels and then again we, to make sure that everybody’s, their baseline stays where it’s at to continue the fire service so that’s going on today. We’ve got one last certification with our air packs that they’ll come in and do this year yet. I believe that’s going to be scheduled next month and then we’re done with our OSHA and mandated compliance for this year. The Fire Marshal report, we’ve been working hard with fire inspections and obviously with July we touched the community in a lot of different ways with the parade. The street dance. We were out in force and then with National Night Out we had 4 apparatus and 2 command vehicles out. The party, I was fortunate enough to ride with Councilman Laufenburger and the parties were well attended again this year. We were happy to be out there so with the prevention part of things we are hitting the commercial businesses pretty hard right now. We’re trying to get through most of our commercial inspections. I’m happy to say that the City’s in very good shape with our hotels, motels, and the townhome structures that we’re doing with right now. We’ve got very minor problems that we’re dealing with some of the exit doors and things that need to be tweaked and we usually give them about 30 days to fix those and then go back and check them. The fire investigation piece on this report right now says we have nothing. I do want to report that as of August th 14 we did have another fire. It was a townhome on a deck that was again caused by smoking materials so it’s our second one this year that we’ve dealt with with outside smoking that’s created a fire situation. 7 Chanhassen City Council – August 25, 2014 We had a very good response for that call. We were there within 7 minutes and got the fire extinguished before we had to worry about an 8 person or 8 home townhome starting on fire so can’t stress enough for the folks that are smoking and throwing those materials outside, it’s still looming and causing us problems here in Chanhassen right now so, and we’ll continue to work with the community. We’ve got open house coming up here in October and that will be one of the things that we stress because that’s what we’re seeing now so. Mayor Furlong: Thank you Chief. Any questions for Chief Johnson? Councilman Laufenburger. Or I’m sorry, McDonald. Councilman McDonald: Chief, you know this is the first time I’ve seen a break out of services. Before we’ve only had number of calls per month and everything so I appreciate you doing that but the thing that really kind of jumps out at me is, you really didn’t go on that many fire calls and it looks like a lot of, you know what happened at least for July is rescue and emergency type calls. Is that normal or is this abnormal is my first question. Chief Don Johnson: Mayor, Councilman McDonald. Yes it is normal. Again from the fire service standpoint, a lot of the talks that we have at the chief level now is we are doing a lot more emergency medical response than actual fires and we’d like to say they’re prevention, prevention work is what’s leading to our fires being down. Councilman McDonald: Okay, and then over the past year then are the service, you know the rescue and emergency calls up? Are you seeing a trend there that you’re doing more of those calls because yeah, 3 fires. I don’t remember that many fires last year so. Chief Don Johnson: Again 911 in the community dictates what we go to so what we see right now is we’re probably running 1 to 2 medical calls a day. The sheriff’s office will handle some of those without paging us. It depends on the level of emergency that they’re dealing with but as far as out of, out of the reasonable realm, no. This is probably pretty consistent with what a fire service is going to do in a community these days. Councilman McDonald: Okay, thank you. Mayor Furlong: Other questions? Todd Gerhardt: Mayor, council. We can put together kind of a 5 year history of where our calls have been but the snapshot that Chief Johnson has showed you is probably going to be very similar give or take a couple of percent. Mayor Furlong: Other questions? Yeah, Mr. McDonald. Councilman McDonald: Well I guess unless anybody else on the council is wanting to see you don’t have to do it just for me. I was just kind of curious and that’s why I was wondering, is this typical because my thoughts had always been that you response more or less to fire calls. I did know that you do do emergency calls and such but I was just surprised by the numbers so that’s why I was just wondering is that what the majority of services were that you end up going to. Chief Don Johnson: I was just in Dallas at the International Association of Fire Chiefs and the retired Los Angeles Fire Chief was there and talked about changing the name of the fire service to incorporate EMS. Again in the community if you look at Ridgeview as your ambulance service and the sheriff’s office, that’s your primary first response. The Chanhassen Fire Department has, we’re all trained at least to the 8 Chanhassen City Council – August 25, 2014 minimum of a fire responder level. This is one of the fire departments that has a high percentage of emergency medical technicians. Trained to that next level up so we do take that very seriously and from meeting with the Ridgeview Medical Director, Chanhassen’s got a very good reputation for being part of that team and EMS. The community’s very well served by the fire department here with that training. And that is basically, we come down to who’s there to help and that’s what the fire service does. Councilman McDonald: Okay. Well I appreciate that and my hat’s off to you for the training and the fact that evidently the fire department has recognized where their services are really needed and you’ve got your training in that direction so I appreciate that. Chief Don Johnson: Thank you. Mayor Furlong: Did you have a question Mr. Laufenburger? Councilman Laufenburger: Yeah just a comment Chief. I want to acknowledge to you and your team that was involved in a significant rescue just earlier this month I believe. They just need to know that they’re really regarded not just as fire but really as safety for the city of Chanhassen and so pass along that to your chiefs. Your assistants and members of the staff. We appreciate what you do for these citizens. Thank you Chief. Chief Don Johnson: Thank you. Mayor Furlong: Other questions. Chief there were some emails that went back and forth I think last week where your meetings with Ridgeview Medical and some training or new training and services that the department’s going to provide. Could you just, with Narcan and others. Can you just talk a little bit about that? Or were you planning to bring that up at next month? Chief Don Johnson: We can talk about it now Mayor. That’s no problem. Mayor Furlong: Okay. Chief Don Johnson: I did meet with Dr. Sipprall who is our Medical Director who basically guides the service here with Ridgeview. Basically the Medical Director’s going to determine what level we can practice at. With the recent training that we did with the Joint Southwest Joint Op’s and the active shooter. They determined that we don’t have the access to tourniquets right now. That’s one of the key ingredients to a mass, like an MCI type scenario and even in vehicle accidents and some other farm type rescues, that’s a tool that we need. Right now we don’t have that and the Medical Director would be the one that would give us the blanket to use that tool after we’re trained so that was one of the primary st pieces of the meeting. And then as well as you’ve identified, August 1 the Minnesota law allows first responders, police and fire to carry Narcan which is a counter action. Counter drug to heroin overdose which unfortunately we, is coming to a higher percentage of utilization in all of our communities. And with that we have to be trained to carry that so we met with Dr. Sipprall. He’s agreed to come in. I believe we’ve got a date in October. Once we’ve got that training then we’ll all have that tools put in our bag so we’re better prepared if we came, we come across that. In this community sometimes it’s hard with Ridgeview as far out as they are. I’ve been in other communities where very rarely do you not meet an ambulance. In this community we beat an ambulance there probably 80 to 90 percent of the time so having those tools where we can actually do that first response is pretty beneficial to those that need us. Mayor Furlong: Well and I think you know with regard to the tourniquets, that’s why you go through those fields to figure out where the gaps are so it’s good to see that. 9 Chanhassen City Council – August 25, 2014 Chief Don Johnson: Exactly. Mayor Furlong: And with the Narcan, that’s very positive and certainly something that appreciate the law being changed so that that can be, because minutes matter. Chief Don Johnson: Exactly. Mayor Furlong: With regard to the delivery of that antidote or counter acting drug so thank you for that and as I understand it, I could have mentioned this when Lieutenant Enevold was here as well but the deputies, the sheriff’s department is also going to go through similar training so. Chief Don Johnson: Correct. Mayor Furlong: Whoever gets there first with the proper training can administer that and hopefully save some lives in tragic situations. Chief Don Johnson: Correct. In my short time here we’ve already experienced a patient that needed Narcan and it made a difference so unfortunately it’s one of those things that we, times are changing and we’re changing with them. Mayor Furlong: Well we need to be able to respond and provide the medical care as quickly as possible so. Chief Don Johnson: Correct. Mayor Furlong: Thank you for doing that and pursuing that. We appreciate it. Chief Don Johnson: Thank you. Mayor Furlong: Any other questions this evening? Chief thank you. Appreciate the report. Chief Don Johnson: Thank you. PUBLIC HEARING: CONSIDER METES AND BOUNDS SUBDIVISION REQUEST TO CREATE TWO LOTS, 6601 HORSESHOE CURVE; APPLICANT: RON HARVIEUX. Mayor Furlong: Let’s start with a staff report if we could and then we’ll have, if Mr. Harvieux’s here we’ll have a presentation there as well. Kate Aanenson: Thank you Mayor, members of the City Council. This is a metes and bounds subdivision. The City Council may approve a metes and bounds subdivision into two lots. The splitting of it if all the urban services are available and then both lots result in meeting the standards of the City, which in this circumstance they do. As you stated this lot is located on 6601 Horseshoe Curve. So the proposal then is for the two lots. This lot has a home on it and you’re creating Lot 1. This subdivision was approved back in 2012. Created a zoning lot and then it, so it was, there was an existing home to the south and these two lots were created. A house was built and then they were combined back in order to get, go back and create a lot you have to go through the subdivision process and in this circumstance again it’s the metes and bounds is the mechanism. So this is the as-built survey. So this is existing home here. Existing home here and then the proposed new subdivision lot. All these lots meet the minimum 15,000. The new lot being created is 15,064. We do have the compliance table in there. We did get a call from a few neighbors just making sure that the lot’s met the minimum and they do. Also we had the 10 Chanhassen City Council – August 25, 2014 hard surface calculation. Again just ensuring that no variance would be required in the future and making sure a house does fit on that lot. And as demonstrated it does so with that we are recommending approval of the subdivision and we’d be happy to answer any questions that you have. Mayor Furlong: Thank you. Any questions for staff? No? Okay. Is the applicant here this evening? Yep. If you’d like to address the council or anything you’d like to add or say? Ron Harvieux: Not really. Mayor Furlong: Okay. Ron Harvieux: Thank you for the opportunity but I think we’re going back to where we were before and thank you. Mayor Furlong: Okay. Thank you. Any questions for the applicant by members of the council? No? Okay. Thank you everyone. This is a public hearing is required, is that right Ms. Aanenson? Kate Aanenson: That’s correct. Mayor Furlong: So at this time I will open the public hearing and invite all interested parties to come forward and address the council on this matter. Seeing no one, without objection we’ll close the public hearing and bring it back to council for discussion and consideration of a motion. Any discussion? Everything seems to fit the requirements so is there a motion? Councilwoman Ernst: Mr. Mayor I’ll make a motion. Mayor Furlong: Certainly. Councilwoman Ernst. Councilwoman Ernst: I make a motion the City Council approve the two lot metes and bounds subdivision of Harvieux Addition subject to the conditions of the staff report and adopts the Findings of Fact and Decision. Mayor Furlong: Thank you. Is there a second? Councilman Laufenburger: Second. Mayor Furlong: Motion’s been made and seconded. Any discussion on the motion? Seeing none we’ll proceed with the vote. Resolution #2014-56: Councilwoman Ernst moved, Councilman Laufenburger seconded that the City Council adopt a resolution approving the two lots metes and bounds subdivision of Harvieux Addition subject to the following conditions; and adoption of the Findings of Fact and Decision: 1. The property shall comply with the original conditions of approval for the Harvieux Addition, Planning Case #2005-26. 2. Deeds shall be recorded at Carver County creating the new lots. All voted in favor and the motion carried unanimously with a vote of 5 to 0. 11 Chanhassen City Council – August 25, 2014 CONSENT AGENDA: 7. DAKOTA RETAIL, 7910 DAKOTA AVENUE: RESOLUTION APPROVING FINAL PLAT TO REPLAT 1.7 ACRES INTO ONE LOT AND ONE OUTLOT; APPLICANTS: CITY OF CHANHASSEN AND CENTER COMPANIES, LLC. Mayor Furlong: We took that off the consent agenda earlier this evening. Let’s start with a staff report please on material changes. Kate Aanenson: Thank you Mayor. I think I’ll just speak from here and then you can follow along. So what’s in your packet for tonight is the approval of this, the final plat. Back in April you approved the preliminary plat so the plat that’s shown in here does not show the easements that are required with the plat so that’s one of the changes so the revised plan would then look like, like this. We’re showing now the easements are on the property and the easement for the stormwater pond so that should be the corrected one. And then the other change would be the dates on this plat because we put in the conditions of approval the dates of the mapping so this date would be for the date, plans dated and received for the th plat would be, for the findings would be August 25. Today’s date and then also a security amount of $6,000 was also modified so those are the two substantive changes. Otherwise the staff report remains as is. Mayor Furlong: Thank you. Any questions for staff on any of these changes? Appreciate that Ms. Aanenson just for clarification on the changes. No? Mr. Gerhardt. Todd Gerhardt: One item is closing should occur on this property, the City had some excess right-of-way that they sold as a part of the Dakota Retail development and closing was scheduled for this week. There is some additional legal work that needs to be done so closing should occur probably first week in September. Mayor Furlong: Thank you. Just a point of clarification for the record Ms. Aanenson. The developer is in agreement with the changes that you mentioned this evening? Kate Aanenson: That’s correct. Mayor Furlong: To your knowledge. Kate Aanenson: Submitted by the developer actually so yes. Mayor Furlong: Okay. Alright. Thank you. Okay. That was the reason it came off consent. I don’t know if anybody else has any questions, discussion on this. If not, we can proceed with a motion. This would be for item E(7). Councilman Laufenburger: Mr. Mayor. Mayor Furlong: Mr. Laufenburger. Councilman Laufenburger: Yeah. I move that the Chanhassen City Council grants approval of the final plat for Dakota Retail as shown in plans dated August 25, 2014 and subject to the conditions of approval of the staff report. Councilwoman Ernst: Second. Kate Aanenson: And we can add the revised resolution. 12 Chanhassen City Council – August 25, 2014 Councilman Laufenburger: And the revised resolution. Kate Aanenson: Thank you. Mayor Furlong: Okay. Second Councilwoman Ernst? Yes? Councilwoman Ernst: Yes. Mayor Furlong: Okay thank you. Motion’s been made and seconded. Any discussion on the motion? Hearing none we’ll proceed with the vote. Resolution #2014-57: Councilman Laufenburger moved, Councilwoman Ernst seconded that the City Council grants final plat approval of Planning Case #2014-11 for Dakota Retail to replat 1.7 acres into one lot and one outlot as shown in plans dated Received August 25, 2014, subject to the following conditions: Engineering 1. Before the final plat is recorded the $35,022.82 Surface Water Management fee, $18,875 Park Dedication fee, and $45 GIS fees must be paid as well as any recording fees not collected with the final plat application. Park and Trail 1. Full park fees in lieu of additional parkland dedication and/or trail construction shall be collected as a condition of approval for Dakota Retail. The park fees will be collected in full at the rate in force upon final plat submission and approval. Based on the current proposed lot size of 1.51 acres and the City’s 2014 commercial/industrial park fee of $12,500 per acre, the total park fees for Dakota Retail would be $18,875. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Furlong: That completes our items of business this evening. Let’s go to council presentations. COUNCIL PRESENTATIONS. None. ADMINISTRATIVE PRESENTATIONS. Todd Gerhardt: Just a couple of things. This week we do have the Southwest Chamber Membership Appreciation Luncheon at Lake Ann and so any council members that haven’t already signed up that would like to attend, let me know. And then on Thursday, Paul and I will be attending a meeting in the City of Nicollet with St. Paul Mayor Chris Coleman to talk about a grass roots initiative on trying to find ways to fund our local roads and meet the needs of cities throughout the state of Minnesota so. And then Paul do you want to give an update on Lyman, 101 and how progress is coming on the lower Wye? Paul Oehme: Sure. Thank you Todd, Mayor, City Council members. So I’d like to maybe start out with the Lyman project. That as you know is reconstruction of Lyman from approximately that goes north to Powers Boulevard. That one they should have the section between Lyman to the west and Audubon to the north, that should be open, if it’s not already opened already this week so that’s ready to go before school starts. The main section of Lyman though however, Xcel Energy is still relocating some transmission lines to the north side of the road, which has slowed the progress down a little bit at this 13 Chanhassen City Council – August 25, 2014 point but once those small private utilities are moved, work should take place fairly rapidly after that point in time so the walls are all built. There’s some utility work that still is minor. Some utility work that’s going to be taking place yet but Carver County indicated last week that they estimate that that project will be completed end of October or maybe early November now so. Any questions on that one? The lower, or the river crossing project. That one is currently underway. Last week they did make some great progress on 61 with muck operations. They have a lot of, I think they have like 32 trucks out there now mucking away and working on sub-cut at that location. I know this week they’re supposed to, or indicated most of the tree removal contractors should be back in and removing the rest of the trees in there this week into next week but going forward it’s just going to be mainly muck operations, sub-cuts along 61 in that corridor there so we’re not anticipating to see any bridge work until end of September, early October now so that’s, that’s the plan at this point in time so, but they’re making some good progress here in the last 2 weeks. Other than that our street reconstruction projects are going fairly smoothly. Kiowa Trail now is paved. Restoration work is just left in that neighborhood. Minnewashta Shores neighborhood, we’re still working on watermain installation. Sub-cutting there. Approximately about half that project’s done now so we’re anticipating end of September that work should be completed so we’re a little bit behind schedule there with the weather and just some delays in the contractor in some utility coordinations but overall it’s been going fairly smoothly. Mayor Furlong: Questions for Mr. Oehme or Mr. Gerhardt. Councilman Laufenburger: Yeah. Mayor Furlong: Mr. Laufenburger. Councilman Laufenburger: Paul, regarding 101, Lyman to Pioneer. Are you, will that get a wear course yet this summer? Is that correct? So that will be included or can you speak to that? Paul Oehme: Right. Yeah absolutely. Thanks for bringing that up. So actually the contractor is planning to place that last wear course down this week. th Councilman Laufenburger: To 96 Street? Paul Oehme: Yep. All the way down to Pioneer Trail. Or yeah, Pioneer Trail. Lyman to Pioneer Trail. The whole wear course is supposed to be paved this week so that was, we had a meeting last week and that’s what the contractor had penciled in so I should be getting verification this week that that work should take place. Councilman Laufenburger: Will it be striped and then as? Paul Oehme: As 4 lanes, yeah. We stripe the planned 4 lane divided roadway section so. The trails are all paved and we’re just waiting to get that wear course on to finish up the rest of the restoration and the th rest of the tree plantings and some of the other vegetation will be planted after September 15. Todd Gerhardt: And Paul if you have settling, typically you like to wait a year before you put that final th wear course down so that segment from 96 Street down to Pioneer, we still have a one year warranty on that if you see settling or. Paul Oehme: Right, absolutely. If there’s any settling with the work that took place this year, the contractor will be, have to repair that if necessary but we think it’s important to get all the wear course down on that project this year. 14 Chanhassen City Council – August 25, 2014 Councilman Laufenburger: One more question on that. There’s a new storm water treatment pond right there on the south. Let’s see. On the west side of 101 just north of Pioneer, is that operating the way it’s supposed to? Paul Oehme: North? Councilman Laufenburger: North of Pioneer, west side of 101. Isn’t there a new pond right there? Paul Oehme: Yes. Yeah, down in that quadrant, there yeah. So that one’s functioning. Councilman Laufenburger: Isn’t that taking most of the water off that area? Paul Oehme: It is taking a large majority of water. The storm water from not only the roadway improvements but also the neighbors to the east. Councilman Laufenburger: Foxford. Paul Oehme: Foxford neighborhood. There is some culverts and everything that goes underneath 101 that’s, that water is being treated by that pond as well. Councilman Laufenburger: Okay, thank you. Mayor Furlong: Other questions? No? Councilwoman Tjornhom, no? Staying with 101 for a little bit. On the project with the storms that we had there was some runoff on the retaining walls just I guess to the west of Kiowa along 101 off Bandimere. Paul Oehme: Right. Mayor Furlong: Has a solution been found for that or has that been corrected at this point? Paul Oehme: It has. It has. So we went back in and re-graded a little bit of Bandimere Park and we also added another storm sewer catch basin to that area and refortified that slope going down to 101 and so we are planning to put in bituminous curb along the trail section that heads down to Kiowa Trail too so if that catch basin ever plugs again, you know the water instead of running over the trail and down the hillside and washing out that area would run down the trail and then to the catch basins that are at the bottom of the trail section right on Kiowa there so I think we found a good fix for that problem. Mayor Furlong: Okay, good. I don’t get that way often but I drove down the new 101 and it’s a really nice ride so, it’s not quite a hilly. It’s not going to be as fun on bikes and I apologize to all bike riders, both present and those watching at home but it is, at this point it looks like it’s a really nice addition to our road system so congratulations on getting near the end of this one. Paul Oehme: Yep absolutely and that project’s been a great project. We were really concerned with going into it with the muck material or unsuitable soils in that area but actually we came out fairly well and we’re right on budget with that project too so it’s a great team effort. Not just the city staff but the contractor and the engineer involved with that. It just turned out to be a great project. Mayor Furlong: Well and the Carver County and MnDOT were significant partners in this project too. Paul Oehme: Absolutely. 15 Chanhassen City Council – August 25, 2014 Mayor Furlong: I know you appreciate their efforts and we do as well so. Paul Oehme: Absolutely. Yeah we couldn’t have done it without them so. Mayor Furlong: That’s great, thank you. Any other questions for Mr. Gerhardt or Mr. Oehme? I guess Mr. McDonald is ready. Councilman McDonald: Thanks for calling me out. Mayor Furlong: Is there any discussion on the correspondence packet? I don’t think Mr. McDonald has any. CORRESPONDENCE DISCUSSION. None. Councilman McDonald moved, Councilwoman Ernst seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The City Council meeting was adjourned at 7:45 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 16