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CC 2014 09 22 CHANHASSEN CITY COUNCIL REGULAR MEETING SEPTEMBER 22, 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 Laufenburger, Councilwoman Ernst, Councilwoman Tjornhom, and Councilman McDonald STAFF PRESENT: Todd Gerhardt, Laurie Hokkanen, Paul Oehme, Kate Aanenson, Todd Hoffman, Meghan Gess, and Roger Knutson PUBLIC PRESENT: Geoff & Chris Olson 402 Cimarron Circle Larry J. Anderson 400 Cimarron Circle Katie & Jennifer Olson 7405 Chippewa Trail Marlene Bentz 8596 Powers Place th Jason Biederwolf, Homestead Partners 525 15 Avenue So., Hopkins Solvei Wilmot 7101 Shawnee Lane Mayor Furlong: Thank you and welcome everybody. Those here in the council chambers as well as those watching at home. We’re all glad that you joined us here this evening. At this time I would ask members of the council if there are any changes or modifications to the agenda. I will be adding one other public announcement at the beginning of the program this evening, or meeting this evening. Any other changes? If not we’ll proceed with the agenda as published. PUBLIC ANNOUNCEMENTS: Mayor Furlong: I’d like to start tonight with a public announcement regarding a recognition that the City of Chanhassen received this last week from the International County and City Management Association. The IMCA through its 2014 Voice of the People’s Award for Excellence. You can see these awards right down in front of the council chambers down here. The awards were based upon responses from the 2013 National Citizen Survey, which the City of Chanhassen has reported the highest levels of satisfaction in these areas as compared with responses from over 300 cities nationwide who participated in their respective surveys. The Voice of the People’s Awards are presented annually by the ICMA and the National Research Center in order to recognize the highest quality from the perspectives of the residents themselves in 8 areas to define a City’s quality of life. These include community engagement, safety, mobility, foundations of livability, recreation and wellness, education and enrichment, natural environment, built environment, and economy. Following our most recent citizen survey and based upon the very high responses related to service delivery, satisfaction of our local government and positive perception among Chanhassen residents, Chanhassen was selected to receive the Award for Excellence in four of these eight categories. The categories included the built environment which involves development of the city, planning and engineering services. Our natural environment, which is our natural amenities and open spaces. Recreation and wellness. Our parks and recreation programs. And safety. Fire services and law enforcement. These awards were presented last Monday evening at the Annual ICMA Conference in Charlotte, North Carolina. The awards really have special meanings because they are based upon our residents own view of the very high quality of life and local government services that we all enjoy. On behalf of the City Council, our residents and businesses, Mr. Gerhardt and others I’d like to extend our thanks and appreciation for our professional city staff for all of their efforts day in and day out Chanhassen City Council – September 22, 2014 to make our city such a great place for all. And to all our civic and public and private organizations that helped make Chanhassen a great place for all of us to live, work and raise a family. We can all be proud of our city, of our local government and the great quality of life that we enjoy and we can be proud to have been recognized by the ICMA through these prestigious national awards. Mr. Gerhardt, you were there Monday night in Charlotte to accept the awards. Any thoughts or comments? Todd Gerhardt: Well you know looking at the list of cities that won awards, Park City, Utah. Several cities in Arizona. We were in a good group but the thing that really stood out, there wasn’t another city that was in the Excellent Category where they won 4 out of the 8 categories for excellence and my hat goes out to each of the different departments here at the city. Our fire and police. Planning, engineering, park and rec, and also environmental services. Jill’s and Terry’s department have done a fantastic job. The only person not recognized was administration for some reason so. Mayor Furlong: You guys don’t do anything anyways. Todd Gerhardt: They didn’t have a category for that but. Councilman Laufenburger: Wait a minute. Wait a second. It seems to me that was recognized last year up in Brainerd. Mayor Furlong: Well it was. It was. Great award. Just want to emphasize sometimes the awards come and go. What’s interesting about this, and our City’s been nationally recognized before as a great place to live and work. These awards are based upon our residents view of their own city and that’s why it makes it so special so congratulations to everybody involved and again to our professional staff for their good work. Councilwoman Tjornhom. Councilwoman Tjornhom: I have a request. Mayor Furlong: Sure. Councilwoman Tjornhom: If it’s okay, could we get a picture of the council regarding this award? Do we have the award with us? Todd Gerhardt: Yeah. They’re right down in front. Councilwoman Tjornhom: Would that be alright if we got a picture? Mayor Furlong: Yeah. Let’s go. Let’s get down in front and Todd, do you want to join us? Todd Gerhardt: Yep. Here’s proof that we were there. Mayor Furlong: Now we have some other awards to give out this evening to some volunteers to the city. Meghan, you want to come join me? Gess: Yep. Mayor Furlong: Excellent. Meghan Gess, Recreation Supervisor with Chanhassen Park and Recreation Department is here with me tonight to present our teen, or 2014 Teen Volunteer Recognition. On behalf of the City Council and Park and Recreation Commission I’m pleased tonight to recognize our 2014 teen volunteers. These 13 through 16 year olds were selected out of many candidates who applied for these positions to help and serve the city voluntarily with our recreation programs this last summer. So tonight 2 Chanhassen City Council – September 22, 2014 I’d like to recognize them and thank them for their service to the City. Together they compiled over 300 hours of service which is really fantastic for teenagers to be involved and to get involved, that’s something that we’re very proud of for each of them and we wanted to make a note and take time to recognize them so as I read your name if you’d come forward please and we’ll give you a certificates. Abbey Hamann. Eric Benson. Emily Saurer. Laura Price. Thomas Price. Anne Murphy. David Hodel. Quinn O’Connor. Mariah Aker. Blake Wosje. Kelly Klingelhutz. Luther Wilmot. Thank you. Appreciate your service. Thank you very much. Thank you. Let’s get a picture… Oh yeah, you’re free to go if you want to. Welcome to stay but free to go. Yeah that’s a great program and Meghan and Todd, thank you very much for providing that opportunity for teens in our city to be involved and to help with service. We really appreciate that. I’d like to move on now to next items on our council agenda. CONSENT AGENDA: Councilman Laufenburger 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 September 8, 2014 2. Receive Planning Commission Minutes dated September 2, 2014 3. Receive Park and Recreation Commission Minutes dated August 26, 2014 4. Approval of Conditional Use Permit for Cell Tower, 2290 Lyman Boulevard, American Tower Company th 5. Preserve at Bluff Creek 6 Addition: a. Final Plat Approval b. Approval of Development Contract and Plans and Specifications 6. Award of Quote: Concrete Work Associated with Neighborhood Picnic Shelters for Sugarbush, Stone Creek and Roundhouse Parks. 7. Approval of Fireworks Display Permit, Pyrotechnic Display Fireworks, Chanhassen High School Homecoming, September 26 All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS: EAGLE SCOUT PROJECT FOR KERBER POND PARK, GEOFF OLSON, TROOP 330. Mayor Furlong: We do have Eagle Scout candidate Geoff Olson with Troop 330 here to present a proposal for an Eagle Scout project at Kerber Pond Park. Good evening Geoff, how are you? Geoff Olson: I’m good. How are you? Mayor Furlong: Good. Thanks for coming. Todd Hoffman: Kate’s going to load up the presentation and this is a paper copy for all the council members. Mayor Furlong: Is it up? 3 Chanhassen City Council – September 22, 2014 Kate Aanenson: Yeah, we’ll put it on. Mayor Furlong: There we go. Alright. Geoff Olson: Hi, my name is Geoff Olson. I’m with Troop 330 out of Chanhassen, Minnesota and I’ll be presenting tonight my Eagle Scout project proposing my Kerber Pond improvement project. So my project has four parts to it. The first part being some erosion that I noticed. So you can see here we’ve got Laredo Drive coming down. We’ve got an arrow pointing down the walking path to the area. We’ve got a picture right here of walking down this path and pictures right and left of the eroded area. And next we have a close up picture or close up pictures of the area where you can see that water has washed away the soil. And as a solution I proposed to plant prairie grass around the rock accents. The prairie grass will maintain the foundation of the soil while remaining cost effective. The prairie grass will be covered in a seeding blanket that will retain the moisture. Protect the seeds that will overall control the erosion. A second part to my project will be a weed removal. There are two major hot spots of Canadian Thistle in my project area that are circled. These are some pictures of some dormant Canadian Thistle that I took this spring that just shows how bad it is. And my proposed solution would be to pull these invasive plants to improve the landscape and promote the desired plants at Kerber Park Pond. Or Kerber Pond Park, sorry. The third part of my project would be the mulching of the previously mulched path that goes around the pond. Here are some pictures just of the path that you can just see where the mulch is washed away over years of use and weather. And my proposed solution would be to add 2 to 3 inches of mulch that will enhance the appearance of the walking path and reduce the compaction and erosion. And my fourth and final part to my project would be to add a bench down a little ways from the mulch path. And here is a picture of where the bench would be placed. It would be placed off the mowed path so that it wouldn’t create a problem for the people who mow the path. Here’s a picture of a, or what it would look like looking out from the bench and here’s a picture of me standing as a scale picture. And the bench would be concrete construction that would be mounted on a concrete slab one week prior to assembling the bench to ensure that it is structurally sound. We will be placing iron rebar in the concrete slab to create a structural soundness to the slab. And the bench will be standardized for the City of Chanhassen. Oops. So my budget would be, so I’ve got prairie grass. Grass netting and netting spikes. I’ll be looking for donations or reduced pricing from local businesses. And I will be needing concrete and water for the concrete base of the bench. Along with food and drink for the volunteers and safety equipment such as gloves. I’ll be needing some wood 2 by 4’s for setting the concrete base of the bench, and Class V to go under the concrete base. Tools will be brought by volunteers helping on my project which creates a total cost of $345. Are there any questions from the council? Mayor Furlong: Thank you Geoff. Nice presentation. Questions? Mr. Laufenburger. Councilman Laufenburger: Thank you. Geoff, nice presentation. Can you go back to the first segment, the erosion? Just maybe you can talk about it. What has caused that erosion, do you know Geoff? Geoff Olson: Yes. So I mean I can just talk about this a little bit. Councilman Laufenburger: Yeah like that in there. Geoff Olson: So these pictures coming, looking on the right and left, the two bottom pictures, you can see that the path is sloped downhill and you can, the rain water has been running down that path over years and then you can just see where the water’s just created paths where it runs by the rocks which are supposed to be for sitting and it’s just created a, kind of a muddy, sloppy looking area that I plan to put some grasses down just to hold the soil. 4 Chanhassen City Council – September 22, 2014 Councilman Laufenburger: Sure, that makes sense. Also does your, I noticed these pictures were taken in April. Geoff Olson: Right. Councilman Laufenburger: And then we had a significant rainfall in June. Geoff Olson: That’s correct. Councilman Laufenburger: So is the erosion worst now than it even shows in this picture, do you know? Geoff Olson: I did, I walked down there a couple weeks ago and it seems pretty similar to this but it probably has like gotten a little worst. Councilman Laufenburger: Sure, okay. Also did I understand the third project is mulching the trail? Geoff Olson: Correct. Councilman Laufenburger: Does this budget include the mulch for the trail or will that come from the City? Geoff Olson: I’ve been working with Mr. Hoffman and he has a connection with the, yeah correct. The City mulch pile. Councilman Laufenburger: He has lots of connections Geoff, you should remember that. Mayor Furlong: The City mulch pile. Councilman Laufenburger: You should remember the connections with Mr. Hoffman. Okay. And also this bench Geoff, will there be a nameplate on the bench identifying it as a project that you completed? Geoff Olson: I’ve been told that there will be, yes. Councilman Laufenburger: Okay. Did Mr. Hoffman tell you that? Geoff Olson: Right, yep. Councilman Laufenburger: Okay, you can believe him. Mayor Furlong: That’s from our City play pile. That’s where the nameplate will come from. Councilman Laufenburger: He has connections. Nice job Geoff. Todd Hoffman: It will have his name on it as well and his Boy Scout Troop. Councilman Laufenburger: For permanent right? Thank you Geoff. Mayor Furlong: Thank you. Any other questions? Geoff, you mentioned food and drink for the volunteers. How many volunteers do you think you’re going to need and how much total time do you think they’re going to spend? 5 Chanhassen City Council – September 22, 2014 Geoff Olson: I plan to have 12 to 15 volunteers over a span of two days spread over a week. The first week would be to set the concrete base because we want to give it enough time to completely like harden before we, because we, there needed two holes that need to be drilled in order to put the bench into place and I want to make sure that that’s structurally solid. Mayor Furlong: Sure. Geoff Olson: And yeah, I’m thinking around 12 to 15 people. Probably more on the second day to pull the weeks and to do some of the landscaping and mulch work. Mayor Furlong: Sure, very good. Do you have a date when you’re anticipating, or when are you currently planning to do this? thth Geoff Olson: I’m planning to do it the weekend of October 11 and the week before. I think it’s the 8. th Mayor Furlong: The 4. th Geoff Olson: Or the 4, that’s correct. That’s right. Mayor Furlong: Alright, very good. Thank you. Any other questions for Geoff? Anybody would, somebody care to make a motion to approve his project and proposed budget. Councilwoman Ernst: So moved. Mayor Furlong: Thank you. Is there a second? Councilman McDonald: Second. Mayor Furlong: Motion’s been made and seconded. Any discussion? Seeing none we’ll proceed with the vote. Councilwoman Ernst moved, Councilman McDonald seconded that the City Council approve the Eagle Scout project and budget proposed by Geoff Olson for Kerber Pond Park. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Furlong: Thank you Geoff. Look forward to seeing the completed project. Geoff Olson: I’d like to thank the council, Mayor and Mr. Hoffman for letting me present my Eagle project proposal. Mayor Furlong: You’re very welcome. Thank you. Good luck. Geoff Olson: Thank you. Mayor Furlong: We’re still in visitor presentations if anybody else would like to come forward this evening. If not then we’ll move on. 6 Chanhassen City Council – September 22, 2014 LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE. Mayor Furlong: Tonight we’re receiving our monthly updates from law enforcement and fire department. I don’t, we’ll start. I’m sorry. Okay. Chief Don Johnson is here with the Chanhassen Fire Department. Good evening Chief. nd Chief Don Johnson: Nice to see you Mayor and council. My report for the 22 of September, our staffing remains at 48. I’m happy to report that our 4 probationary fire fighters are well into their academy and doing very well. On calls, right now we’re at 437 calls for the year. That’s 17 ½ percent up from last year at 372 at this time. If you can see in your packet I did provide where we were at for the month. Right now for this year our average is about 55 calls per month so August was a little down from what our monthly averages are. If we stay on this pace we’re projected to do about 655 calls for the year which you can see is up from the past 4 years. And this is our calls for August of this year. You can see we did have 3 fire calls which one was a grass fire. We did have a structure fire which we talked about at the last council meeting which was on the deck of a multi-family townhome and then we did respond to a structure fire in Eden Prairie. We had 24 medical calls. Hazardous condition calls and our good intent calls that are traditionally ones that were started on and cancelled before we get there by PD or Ridgeview. This one got a little messy. I apologize. So this is our calls laid out by year. By the type of call so you can see again we’re pretty heavily weighted on our emergency medical services. And then I did add these, this next two slides. Councilman McDonald you kind of wanted to know about where we were at for the year in medicals so I laid out the last 5 years and our projected calls for this year based on our numbers. Don’t get too concerned about the 43, and I can tell you in the next slide where that’s from. That would be if everything stayed on pace to where we’re at right now that would be a projected, that would be a projected number for our fire calls. And then the last slide, before I move on you can see that we’re pretty much within our range of standards and means. It’s not, it’s not, there’s nothing that’s standing out over and above anything else other than where we’re at potentially for our calls for fire service. And the last one breaks down those same just fire calls so if you look at building fires, which would be your typical structure fires, cooking fires, grass fires, car fires and then there’s a lot of other types that would be trash, rubbish, trash cans, burnt food, those types of things would be classified in those other so those are our actuals for this year. In just the fire category. Moving on our staff and training time continue to be falling just a little under where we were at in 2013. We’ve again worked on our basic fire fighting skills during training the month of August. I am happy to report that on August th 25 we did finish all of our comprehensive medical evaluations for all of our fire fighters on the fire department so we do bring in a health strategy service. There’s an EKG. Blood draw. Several blood tests. There’s making sure our respiratory protection is up to where it’s supposed to be and we can wear respirators, all those types of things for OSHA compliance that we have to have and to get everybody done in one night is pretty tremendous for us so usually people are out and about and scattered around and we’re not able to get everybody in on one night. Before I move on I did talk about the Nicholas Way fire th last council meeting which was smoking material. On September 16, after I completed this packet we th did have two fires in Chanhassen on September 16. It started in the morning at about 5:50 in the morning. We had a fire in Highgate which was in a basement. We did do the fire investigation and we did determine that that was spontaneous combustion. It was staining. A homeowner was doing some staining and left some rags and materials in the basement and those had a chemical reaction and started a fire. Why that’s interesting to us is that same day Victoria had two fires. One in their Rec Center and one in a residential home that were also spontaneous combustion so we’re going to be looking at working with Victoria and potentially some of the media in the area here to get some word out to the citizens about that. A lot of the chemicals that we use in our home today, and we clean up and we think that we can just throw them in garbage cans and a lot of things that are out there will heat up to the point where they flash over and start fires, whether they’re in our garbage cans or in this case unfortunately in a basement that caused a lot of damage so that hopefully we can get the word out and we can, it’s pretty odd to have 3 of those within a pretty close proximity to each other all in the same day so be looking to work something 7 Chanhassen City Council – September 22, 2014 out in the near future with the Villager or another way to get to the citizens. We are heavy in the planning th process right now for our major fire prevention event. On October 12 we’d like to invite everyone out that can show up from 1:00 to 4:00 at the fire station. We expect over 800 attendees for our open house. We’ll be doing fire truck rides. We’re going to be using our stove kitchen fire simulator. We’ll be doing an auto extrication demonstration. We’re going to be allowing kids to spray fire hoses and climb on fire trucks. We’ll have some displays from the Carver County Sheriff’s Posse and the Sheriff’s Office. The Hennepin County Burn Unit is going to be there this year. We’re going to draw, be holding a drawing for aerial platform rides. We’ll have free food and refreshments. Paramedics and ambulance and other vendors. At the same time we are also planning our school visits where the school, the children from all the area schools come to the fire station for fire prevention week which we’ll do 1,100 to 1,400 students that week in the fire station. So a lot of events coming up for us to keep up with over that week of fire prevention. And that's my report for tonight. Mayor Furlong: Thank you Chief Johnson. Any questions for the fire department? No? Very good. th Thank you very much and look forward to seeing you on the, October 12 for the open house. Chief Don Johnson: Thank you. Mayor Furlong: Typically we receive a report from the sheriff’s office as well. Lieutenant Enevold is not here this evening. Any questions on the public safety report from the sheriff’s office to pass along to Mr. Gerhardt or Mr. Enevold? Thank you very much. VISTAS AT BENTZ FARM, 7280 & 7300 GALPIN BOULEVARD, APPLICANT: HOMESTEAD PARTNERS, INC: REQUEST FOR REZONING FROM AGRICULTURAL ESTATE (A2) TO RESIDENTIAL-LOW & MEDIUM DENSITY (RLM); CONDITIONAL USE PERMIT TO ALLOW DEVELOPMENT IN THE BLUFF CREEK CORRIDOR; AND PRELIMINARY PLAT WITH VARIANCES CREATING 15 LOTS, 4 OUTLOTS AND PUBLIC RIGHT-OF-WAY ON APPROXIMATELY 19 ACRES. Mayor Furlong: Let’s start with the staff report please and then we’ll hear from the applicant. Kate Aanenson: Thank you Mayor, members of the City Council. This item did appear before the nd Planning Commission on September 2. They did recommend 5-0 to approve the plat. It did go to the Planning Commission twice and I’ll go through that in a little bit more detail in a moment. The subject location is at 7280 and 7300 Galpin Boulevard. There’s actually two properties. As you can see the existing home to the north and then the farm property to the south. The request is three. For a rezoning from A2 to RLM. A conditional use permit for development within the Bluff Creek Overlay Corridor and a preliminary plat with a variance for a private street. We have 15 lots being created with 4 outlots. The zoning is currently agricultural and it’s guided low density and that’s what this is. The RLM is low density. As you recall in the RLM is a zoning that we put in place a few years ago. To get the RLM you have to preserve some upland. Otherwise you would go with a normal RSF zoning district and this development does preserve a significant amount of upland but it does allow them for some flexibilities. While the lots really except for one are over the 15,000 which would be the traditional RSF, it does allow for some narrow lot frontages. The property to the north, Forest Meadow was actually subdivided and as a condition of that this property, there was some requirements. There was a rural road easement going back here and this property here was one that was included in the subdivision so this is the home and then this is the farm property. The reason we brought it back to the Planning Commission is the developer chose to leave that off. The homeowners that showed up to the hearing were, lived up in the Longacres area and were concerned about what was going to happen back there. Our ordinance doesn’t allow, permit to leave a landlocked piece of property so it appears that the person that has this property here, which also has a horse barn on the property is acquiring this. We do have a condition of approval. We 8 Chanhassen City Council – September 22, 2014 believe that transaction has taken place but will close approximately when this property goes for final plat and gets closed but that is a condition of approval. Therefore eliminating the concern that we have a landlocked piece of property. The conditional use is for work within the Bluff Creek Overlay District. This property is very challenging. We had quite a few developers try to look at it. It changes grade in 30 feet. Over 30 feet and so it’s difficult to work with without, not only within the Bluff Creek but with the change in grades, trying to get the lots with access so the conditional use does permit for work within the primary zone. Secondary zone. They are preserving this upland area here so that will be untouched. Preservation again. That’s one of the conditions with the, to get the RLM zoning. So the subdivision itself, let me go, is for private street also as we talked about the change in grades this, our ordinance does allow for 4 homes to be served off of a private street. The private street is approximately 317 feet long. Again there’s 4 homes on that. All those homes are in excess of the 15,000 square foot and the cul-de-sac radius meets our ordinance. Again we just require a 30 foot right-of-way but 25 foot of pavement width so all the lots have the appropriate frontages on there so there’s no cross access agreements off that private street or anything like that. The site will be massed graded. There’s a significant amount of trees on that north end. You can see these green areas here that will be revegetated. I also want to point out, we talked about the change in grade, that there will be a retaining wall that’s about 235 feet and that retaining wall’s located on the backs of these lots that are on the north side. We did have the applicant ghost plat this property and, oh there’s the tree removal. For those areas to the, to the areas to the north and so that horse property to the north and that Fawn Hill would then tie into the street to the north so if in the future that can be accommodated. Again there was a private access for the property along here. That will be removed with this because it’s no longer required for that property to the rear because that will be owned by the property to the north so that can eliminated and that is a condition of approval also. Utilities, again it’s got sewer and water to it and so it’s easy to be connected. Again we’re providing the stub to the north so if in the future at some point utilities want to go forward, it can be accomplished. There is historic building on the structure. The Historic Society has looked at that. We have requested and the applicant is willing to put some historic marker on the site identifying that, the Martha and Henry Lyman Farm so that also will take place. With that we are recommending approval, as did the Planning Commission and I’d be happy to answer any questions that you may have. Mayor Furlong: Thank you Ms. Aanenson. Questions for staff. You mentioned utilities and the road being stubbed to the property to the north for future development, and then that’s a ghost plat there for that development. Kate Aanenson: Yeah…we were on that one but this is a ghost plat. Again so some of these lots will not be built until such time but we are accommodating, asked the developer to accommodate that so we get a feasible layout so that we’re not left with something non-desirable in the future. Mayor Furlong: Now the, with the ghost plat there with the right-of-way moving up to the north, is that going to align then with I guess it’s Fawn Hill Road coming down? Kate Aanenson: That’s correct. It will tie right into that street. Mayor Furlong: Okay. And is this street also going to be named Fawn Hill Road? Kate Aanenson: Yes it is. Mayor Furlong: Okay. So that will be continuous then. Kate Aanenson: Yes. It may be confusing for a little while. We’ve got north and south or something like that so yeah, so just the fact that you can’t get through. 9 Chanhassen City Council – September 22, 2014 Mayor Furlong: I can understand how that’d be confusing but it’d be easier to be confused for a little bit than to change a name later. Kate Aanenson: Correct. Correct. Mayor Furlong: Thanks, so very good. Thank you. Any other thoughts or questions at this time for staff? The applicant, Homestead Partners, is a representative here? Kate Aanenson: Yep. Mayor Furlong: If you’d like to address the council with anything or make any comments. Jason Biederwolf: Just thanks for seeing our piece and staff did a great job. I don’t have anything else to add and just thanks for your time. Mayor Furlong: Okay. You’ve seen the council, or the packet that came to the council this evening? Jason Biederwolf: Yep. Mayor Furlong: You’re comfortable with it? Jason Biederwolf: I am, yep. Mayor Furlong: Any concerns about any of the conditions? Jason Biederwolf: No. We’ve kind of worked through everything and we feel real confident about it. Kate Aanenson: He did meet with Bob Generous, who’s the project planner on this one this morning so. Jason Biederwolf: Yep. Mayor Furlong: Okay. Jason Biederwolf: Just to make sure we had all the details covered. Mayor Furlong: Continue to work through that, very good. Jason Biederwolf: Yep, thank you. Mayor Furlong: Thank you very much. Any questions for the applicant? There was a public hearing I know at the, well both Planning Commission meetings. I don’t believe anybody spoke at this last one but. Kate Aanenson: Actually the same people that showed up the first time just wanted to make sure that that is, that we’re tracking and make sure that that doesn’t get left off. Yeah. Mayor Furlong: And I guess that’s the case. It’s part of what’s being proposed tonight and if the council goes forward with the proposed recommendation with conditions they’d have to show proof that that parcel was sold as a condition of the approval, is that correct? Kate Aanenson: Correct, and that’s attached. 10 Chanhassen City Council – September 22, 2014 Mayor Furlong: To the property contiguous. Kate Aanenson: That’s correct. Mayor Furlong: Okay. Alright. Councilman Laufenburger: Mayor? Mayor Furlong: Councilman Laufenburger. Councilman Laufenburger: Yeah. Kate, I’m familiar with the trail, and Mr. Hoffman isn’t here but there’s a trail that comes from the west. Will it connect with this? Kate Aanenson: I’m going to go to the aerial on this. Councilman Laufenburger: Yeah. Kate Aanenson: Actually that portion of the trail is being eliminated. As it comes through the Bluff Creek trail and ties back down. I’m not sure if it’s on this one but it does come through the. Councilman Laufenburger: It’s actually on the north side of Bluff Creek, yeah. Kate Aanenson: Correct. Yep, it comes through the Longacres or the Moccasin. Councilman Laufenburger: It’s on the south side of that Moccasin, yep. Kate Aanenson: And that segment is being eliminated going south so that will not connect up back through there. Councilman Laufenburger: Okay. Kate Aanenson: Yeah. Eventually there will be a trail on Galpin but that won’t be until that Galpin’s upgraded and that will get them up to Sugarbush Park. Councilman Laufenburger: Okay. Kate Aanenson: Which is just to the north of this subdivision. Councilman Laufenburger: And go back to your development slide. The one that was on here right about there. Okay. So Sugarbush is actually above the ghost plat, is that correct? Kate Aanenson: Right up in here, correct. Councilman Laufenburger: Okay. Alright. Thank you Mr. Mayor. Mayor Furlong: Thank you. Any other questions at this time? Any comments? Thoughts on the project. I guess I’d like to just make the comment to thank the developer and staff for working together and working through these issues and addressing the concerns and questions to our residents to the north that they had and I’m glad everything was able to work out here and be nice to see this project move forward so. 11 Chanhassen City Council – September 22, 2014 Jason Biederwolf: Thank you. Mayor Furlong: Thank you to everybody involved. It’s a nice looking project and some challenges with the natural features around the area. The historic features but we’re glad that we’ve been able to work through that and appreciate everybody’s efforts. With that I would entertain a motion. Councilman Laufenburger: Mr. Mayor? Mayor Furlong: Councilman Laufenburger. Councilman Laufenburger: I move that the Chanhassen City Council approves the rezoning of the property from Agricultural Estate (A-2) to Residential Low and Medium Density (RLM). Also a conditional use permit to permit development within the Bluff Creek corridor and preliminary plat approval for 15 lots, 4 outlots and public right-of-way with a variance for the use of a private street for a single family detached subdivision subject to the conditions of the staff report and adopt the Findings of Fact. Councilwoman Ernst: Second. Mayor Furlong: Thank you. Councilwoman Ernst: Second. Mayor Furlong: Motion’s been made and seconded. Thank you. Any discussion on the motion? Seeing none we’ll proceed with the vote. Councilman Laufenburger moved, Councilwoman Ernst seconded that the City Council approve rezoning of the property from Agricultural Estate (A-2) to Residential-Low & Medium Density (RLM); a Conditional Use Permit to permit development within the Bluff Creek Corridor; and Preliminary Plat approval for 15 lots, 4 outlots and public right of way with Variances for the use of a private street for a single-family detached subdivision subject to the following conditions, and adopts the Findings of Fact and Recommendation: Rezoning 1. The rezoning shall apply only to the platted lots within Vistas at Bentz Farms and exclude the outlots. Conditional Use Permit 2. Dedicate Outlot A to the City as permanent open space. Subdivision Building Official Conditions 1. Provide a 1:200 “clean” plat drawing. 2. Demolition permits are required for the removal of any existing structures. 12 Chanhassen City Council – September 22, 2014 3. Buildings may be required to be designed by an architect and/or engineer as determined by the Building Official. 4. A final grading plan and soils report must be submitted to the Inspections Division before permits can be issued. 5. Retaining walls over four feet high require a permit and must be designed by a professional engineer. 6. Each lot must be provided with separate sewer and water services. 7. The applicant and/or their agent shall meet with the Inspections Division as early as possible to discuss plan review and permit procedures. Engineering Conditions 1. The developer shall update the title search for this property and find the documentation for the roadway easement on Parcel 2. 2. The final plan submittal must show the proposed elevation at the proposed building corners. 3. Proposed lots shall be graded to drain away from building locations. 4. The grading plan must show proposed elevations at the center of the proposed driveway at the curb line. 5. The lowest building opening for properties adjacent to an Emergency Over-Flow (EOF) must be a minimum of 1 foot above the EOF elevation. 6. The plans must identify proposed stockpile areas. 7. The retaining wall must be designed by a professional engineer registered in the state of Minnesota. 8. The following materials are prohibited for retaining wall construction: smooth face, poured in place concrete (stamped or patterned is acceptable), masonry, railroad ties and timber. Walls taller than 6 feet shall not be constructed with boulder rock. 9. A Homeowners Association (HOA) must be created to take ownership and maintenance responsibility of the retaining wall and any drain tile that will cross property lines. 10. Curb and gutter are required for the private street. 11. The engineering department’s preference would be to remove the farm drives and the culverts underneath them. The developer’s engineer shall work with Carver County staff to accomplish this. 12. The proposed watermain pipe shall by C900. 13. An assessment for the Lake Ann Interceptor improvements from 2003 is outstanding for this property. The principal of $187.50 must be paid or reassessed to the individual lots at the time of final plat. 14. An assessment for water and sewer improvements from 2002 is outstanding. The principal of $38,922.00 must be paid or reassessed to the individual lots at the time of final plat. 13 Chanhassen City Council – September 22, 2014 15. Water and sewer partial hook-ups are due at the time of final plat. The partial hook-up fees will be assessed at the rate in effect at that time. Fire Marshal Conditions 1.A three-foot clear space must be maintained around fire hydrants. 2.Prior to combustible construction, fire hydrants must be made serviceable. 3.Temporary street signs shall be installed prior to and during construction. 4.Prior to combustible construction, fire apparatus access roads capable of supporting the weight of fire apparatus shall be made serviceable. 5.No burning permits will be issued for trees, brush that is removed. 6.The center island in the proposed cul du sac is not allowed. 7.Submit proposed private street name to Chanhassen Fire Marshal and Building Official for review and approval. 8.An additional fire hydrant will be required at the northwest corner of Galpin Boulevard and Fawn Hill Road. 9.“No Parking Fire Lane” signs will be required on the east side of the private drive/road. Spacing shall be 75 feet, wording on both sides of posts. Contact Chanhassen Fire Marshal for more information if needed. Natural Resource Specialist Conditions 1. Tree protection fencing will be required around any preserved trees. It shall be installed prior to grading. 2. Tree preservation fencing shall be installed at the dripline around tree #432. The applicant shall revise the grading plan to show no grading within a 20’ diameter around the trunk of the tree, with the exception of the street installation to the west of the tree. 3. The applicant shall remove all hazard and diseased trees in the bufferyard area prior to final acceptance of the completed development. 4. Each lot shall have a minimum of three trees planted, at least one of those trees must be in the front yard. 5. In the plant schedule, the applicant should correct Picea abies as Norway spruce, not Norway pine. Parks Conditions 1. Full park fees in lieu of additional parkland dedication and/or trail construction shall be collected at the time of final plat recording. 14 Chanhassen City Council – September 22, 2014 Planning Conditions 1. The applicant needs to calculate the lot areas of Lots 1 through 4 excluding the lot area encompassed within the private street easement. 2. Lots within the development are limited to single-family detached homes. 3. The applicant shall work with the Carver County Historical Society to create and install a historic marker or plaque for the property commemorating the Lyman Farm. 4. Unless the property to the northwest is combined with the property to the north of this development as a zoning lot, which is ghost platted in conjunction with this plat, the developer will be required to show how to this parcel will be accessed and developed. Water Resource Specialist Conditions 1. The developer’s engineer shall work with staff to provide more clear and concise demarcation of the Bluff Creek Overlay District and the setback from the Bluff Creek Overlay District. 2. The Bluff Creek Overlay District boundary shall be demarcated with appropriate signage at all points of intersection with lot lines and at all major angle points. This signage shall be show on the plat, site plan and erosion control plan. 3. All signage for the Bluff Creek Overlay District shall be installed prior to any earth-disturbing activity unless otherwise approved by the City in writing. 4. That portion of the Bluff Creek Overlay District and applicable setback disturbed for site grading shall be vegetated in native vegetation and a planting plan and schedule shall be provided. 5. Outlot A shall be dedicated to the City. 6. The swale behind Lots 13 and 14 shall have a drain tile installed as part of the site grading and utility installation. This shall be included before final plat approval. 7. The pond designs shall include either the installation of forebays as described in the City’s Surface Water Management Plan or provide for the installation of environmental manholes or four-foot or deeper sump manholes with a SAFL baffle at CBMH A2 and B2. 8. The filtration bench shall be lined with an impervious geotextile fabric to prevent intrusion of ground water into the trench and due to the lack of adequate separation to water table. 9. A comprehensive, stand-alone SWPPP document with all elements required by Part III of the NPDES construction permit shall be prepared and submitted to the City for review and comment before final plat approval. 10. The applicant must demonstrate the infeasibility of alternate methods of volume reduction to justify the absence of any volume reducing management practices as is currently proposed before final plat approval. 11. The applicant must comply with the requirements of all other jurisdictional agencies with authority over the project area. 15 Chanhassen City Council – September 22, 2014 12. Surface Water Management connection charges are estimated to be $57,136.00. This connection charge will be due at the time of final plat. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Furlong: Thank you everyone. That completes our items of new business this evening. COUNCIL PRESENTATIONS. Mayor Furlong: Mr. Laufenburger. Councilman Laufenburger: Just a brief one Mr. Mayor. Yesterday I had the privilege of participating in an event that I think was sponsored essentially by the Carver County Historical Society and in conjunction with the Chanhassen Historical Society. There were events at the St. Hubert’s facility. The old St. Hubert’s church and it was culminated with an re-enactment of an 1860’s ballgame at our 2014 version of baseball stadium called Storm/Red Birds Stadium and it was quite an interesting experience to see how the game has changed so differently over the last 150 years. From the Civil War time to the baseball game that we know today. Anyway it was a great element to see what baseball was like 150 years ago versus right now so, and I’m happy to report that the team of Chanhassen area athletes narrowly edge the St. Croix Baseball Club by a score of 17 to 15 in 9 innings so. Mayor Furlong: A real pitchers dual. Councilman Laufenburger: Yeah, exactly. Anyway, thanks very much. Mayor Furlong: Thank you for that update. Any other council presentations this evening? ADMINISTRATIVE PRESENTATIONS. Mayor Furlong: Mr. Gerhardt, administrative presentations. Todd Gerhardt: Just one thing to note that Berquist Companies, one of our companies here in Chanhassen was sold to Hinkle AG and Company. Berquist Companies makes thermal materials. Thermal sub-strands and membrane switches that are used in a variety of different components in the appliance industry so. Happy for Berquist. Sad to see them with a new name but the company is still staying here and welcome Hinkle AG and Company to Chanhassen. Mayor Furlong: Thank you. Any questions for Mr. Gerhardt or his directors? We had this evening for our work session was a tour of the city and to see a number of the street projects and developments that are going on and I want to thank Mr. Gerhardt, for you and for Ms. Hokkanen and others for organizing that and participating. It was, thank Southwest transit for providing the trolley service. It was nice to go around town. Good for people to see the trolley come by. We got a few waves and smiles as we went by so that was nice but just a lot going on and I think it was a great way to get out and see it. You know we may drive by these projects prior to coming to the meeting but to then go back afterwards and see them coming to fruition is kind of nice so I think it was very informative so thank you for everybody involved for doing that. Todd Gerhardt: You’re welcome. Thanks to Laurie for organizing it and Kate for narrating and Paul stepping in and giving you an update on roads. Good team effort. 16 Chanhassen City Council – September 22, 2014 Mayor Furlong: Very good, thank you. 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 7:40 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 17