CC 2014 10 23
CHANHASSEN CITY COUNCIL
REGULAR MEETING
OCTOBER 13, 2014
Mayor Furlong called the meeting to order at 7:05 p.m. The meeting was opened with the Pledge to
the Flag.
COUNCIL MEMBERS PRESENT:
Mayor Furlong, Councilman Laufenburger, Councilwoman Ernst,
and Councilwoman Tjornhom
COUNCIL MEMBERS ABSENT:
Councilman McDonald
STAFF PRESENT:
Todd Gerhardt, Laurie Hokkanen, Paul Oehme, Kate Aanenson, Todd Hoffman,
and Roger Knutson
PUBLIC PRESENT:
Dan Campion 340 Trappers Pass
Bob Adomaitis, Riley Lake/SWMLC 9503 Highview Drive, Eden Prairie
Naomi Carlson 6411 Bretton Way
Jerry Story 6281 Teton Lane
Robert Rabe 6307 Teton Lane
Mayor Furlong: Thank you and welcome to everybody. Those here in the council chambers as well as
those watching at home. We’re glad that you chose to join us this evening. At this point I would ask
members of the council if there are any changes or modifications to the agenda. If not, without objection
we’ll proceed with the agenda as published.
PUBLIC ANNOUNCEMENTS:
Mayor Furlong: I’d like to start with a public invitation this evening to our annual Halloween Party. The
City of Chanhassen with the support of our local community event sponsors is proud to announce the
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fourth and final community event for this year, 2014 which is going to be our 30 Annual Halloween
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Party. I invite everybody to join us on Saturday, October 25 for an evening of fun. Children 13 years of
age and under are invited to participate in a wide variety of activities including Trick or Treating, hayrides
weather permitting, games, optional spooky room, refreshments, family entertainment and magic show
featuring the Halls of Magic. I invite all area residents, their families and friends to join us at the
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Chanhassen Rec Center from 5:30 to 7:30 on Friday, October 24. Excuse me, it’s at the Chanhassen Rec
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Center from 5:30 to 7:30. All this is going to be on Saturday, October 25. Please register by Friday the
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24, the day before at either City Hall or the Rec Center. The fee is $5 per child. Adults are free and that
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covers all activities so Saturday, October 25. Halloween Party at the Chanhassen Rec Center. 5:30 to
7:30. Please register by the Friday before, or the day before. It’s always a fun event and I do want to,
ahead of time thank all the volunteers that are involved. I know our Planning Commission gets involved
with that. Excuse me, our Park and Rec Commission members and others get involved so great event.
Fun event for all. Let’s move forward now with the next items on our agenda.
CONSENT AGENDA: Councilwoman Tjornhom moved, Councilwoman Ernst seconded to
approve the following consent agenda items pursuant to the City Manager’s recommendations:
1. Approval of City Council Minutes dated September 22, 2014
Chanhassen City Council – October 13, 2014
2. Receive Planning Commission Minutes dated September 16, 2014
3. Receive Park and Recreation Commission Minutes dated September 23, 2014
4. Approve Amendment to Purchase Agreement with Halifax Development, LLC (Noodle
Restaurant).
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
VISITOR PRESENTATIONS.
Bob Adomaitis: My name is Bob Adomaitis and I live on Lake Riley. I’m actually a resident of Eden
Prairie.
Mayor Furlong: Good evening.
Bob Adomaitis: Good evening.
Mayor Furlong: Could you state your street address please.
Bob Adomaitis: 9503 Highview Drive.
Mayor Furlong: Thank you very much.
Bob Adomaitis: Two doors from Chanhassen so.
Mayor Furlong: Well maybe someday we can annex that and allow you to live here as well.
Bob Adomaitis: …quasi Chanhassen as well. Thank you. Honorable Mayor, members of the
Chanhassen City Council and Chanhassen city staff, thank you for the opportunity to speak to you today.
Again my name is Bob Adomaitis. I’m a resident of Eden Prairie and I live on Lake Riley. I’m also the
current President of Lake Riley Improvement Association. A lakeshore homeowners group that has been
in existence for going on 40 years. My purpose today is to formally introduce to you a newly formed
organization called the Southwest Metro Lakes Coalition. The homeowners associations from a number
of lakes within the Riley-Purgatory-Bluff Creek Watershed District came together on an ad hoc basis to
combine our resources of time and expertise to create a unified lakeshore owners representation in the
ongoing rule making process of the Riley-Purgatory-Bluff Creek Watershed District. In the course of
doing this we soon realized the benefit of transitioning the group to a formal entity. The lake
homeowners associations that are current members of the Southwest Metro Lake Coalition are from
Mitchell, Red Rock, Lake Riley in Eden Prairie and Chanhassen and Lakes Lucy and Lotus from
Chanhassen. We estimate that we represent over 1,000 households. In our Articles of Incorporation we
state our purpose as, to promote and support activities to preserve and protect the lakes within the Riley-
Purgatory-Bluff Creek Watershed District and conduct non-partisan research, education and informational
activities to increase public awareness of conditions and events that may impact such lakes. I want to
make one thing regarding our coalition perfectly clear. We are not opposed to regulation of lakes,
streams, and wetlands. You will not find people more caring of our lake quality than the homeowners
represented by this group. We conscientiously refer to the DNR and City rules for development and
maintenance of our lakeshore properties. We do however challenge the Riley-Purgatory-Bluff Creek
Watershed District regarding their authority to supersede these municipal ordinances already in place.
We lakeshore owners pay close attention to the science of what improves our water quality than what is
detrimental. We challenge this watershed in their decision making process regarding projects in this
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Chanhassen City Council – October 13, 2014
district as often lacking the most basic cost benefit analysis and science to justify the spending of our tax
dollars. On a positive note the Southwest Metro Lakes Coalition homeowners associations have a long
history of working with the Riley-Purgatory-Bluff Creek Watershed District on many improvement
projects in the past. For example, the Lake Riley Improvement Association provided funding and active
participation in partnership with the Watershed District to the University of Minnesota on a multi-year
carp study that is now gaining worldwide recognition for it’s findings. Lotus Lake homeowners
contribute $15,000 a year for aquatic invasive species inspections at their public access. The members of
the Southwest Metro Lakes Coalition believe that the best use of the watershed district’s taxpayer
provided funding is to identify and provide financial support to water quality improvements that would
provide the greatest amount of return for the largest number of citizens as possible. In conclusion, the
Southwest Metro Lakes Coalition intends to continue the tradition of it’s member homeowners
associations of vigorously protecting and promoting the health and water quality of our lakes. We believe
and hope you agree that access to clean and functional recreational lakes by all of our citizens is part of
the reason that Chanhassen is consistently rated as one of the best places to live. The Southwest Metro
Lakes Coalition is dedicated to the continuous improvement of these precious resources. Thank you
again for the opportunity to speak tonight. I’d be glad to answer any questions if there are any.
Mayor Furlong: Thank you very much. Any questions? No. Appreciate the information.
Bob Adomaitis: Thank you.
Mayor Furlong: Thank you. Anyone else that would like to address the council under visitor
presentations this evening? Okay. Very good, thank you. Let’s go ahead then and we’ll move on with
the next items on our agenda.
SHOPS AT CHANHASSEN, OUTLOT A, CHANHASSEN RETAIL ADDITION AND A
PORTION OF THE TARGET PARKING LOT: REQUEST FOR PRELIMINARY PLAT AND
SITE PLAN REVIEW FOR A 4,412 SQUARE FOOT RETAIL/RESTAURANT BUILDING.
APPLICANT: HALIFAX DEVELOPMENT, LLC/OWNER: TARGET CORPORATION.
Kate Aanenson: Thank you Mayor, members of the City Council. This item did appear before the
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Planning Commission on September 16 and they did recommend approval of the preliminary plat and
the site plan. The applicant, Halifax Development is actually out of Denver. So again there are two
actions being requested tonight. Subdivision and site plan review. The subject site is located on, between
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West 78 and Highway 5. The outlot. The City got this outlot remnant as part of the construction of
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West 78 and the extension of that with Powers Boulevard. As you recall when we were looking at the
downtown, intensifying the downtown we talked about when we rezoned this to Central Business we met
with a lot of the property owners along there and actually we envisioned that maybe an outlot could be
placed in this area of Target parking lot and that’s kind of what we anticipated. As it turned out the
applicant was looking at putting it closer to Highway 5, which certainly met the same need because no
matter we would have to provide additional parking that was removed from Target would have to be
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placed back there so in either development scenario, whether it was placed adjacent to West 78 or
Highway 5, that site would have to be graded and provide parking so with that we are replatting the
Outlot A. So this is a little bit more complex than just our subdivision. In order for this application to go
forward, so the subdivision, the preliminary plat is of the City’s property but in conjunction with that
Target will also be participating so they have a purchase agreement with Target’s the separate but Target
doesn’t want to do a subdivision so through our ordinance we do allow an administrative split so in
working with the attorney’s office we had the sequencing set together so they will purchase from the City
of Chanhassen the property. Subdivide that, which is the action you’re taking tonight and then at closing
they’ll administratively take that portion from Target to make the project whole and that project needs to
occur in order for the site plan to get approved because they need all that parking and access for the
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Chanhassen City Council – October 13, 2014
project to go forward so you can see on there the total square footage of the property. Be about 34,250
square feet. Some of that again from the City and some from Target. So on this side over here is actually
the preliminary plat as shown.
Mayor Furlong: Ms. Aanenson, just to clarify then.
Kate Aanenson: Yes. Yes.
Mayor Furlong: The parcel that will be included in this from the current Target parcel, that’s not going to
come back through for council approval?
Kate Aanenson: No.
Mayor Furlong: You said that will be administratively.
Kate Aanenson: No because it’s an administrative subdivision, yep.
Mayor Furlong: Okay.
Kate Aanenson: So it will happen at closing. The description is included in the documents for closing.
Mayor Furlong: Okay, thank you.
Kate Aanenson: And I’ll show this a little bit more illustratively why that needs to happen. Actually
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we’re improving the access onto that Target Lane as it comes off of West 78. You can see right here so
this project actually, you have that quick U turn here to get into the three restaurants that are currently
located there. The Taco Bell, Leeann Chin and Perkin’s. So this actually creates a better access going in
and better sight lines coming in so the reconstruction of the Target parking lot provides for a better flow
and still maintaining, they have an existing pylon sign there so again in order for the project to go forward
we actually made sure that Target had enough parking. They had parking to give up which we kind of
determined earlier but went back and re-evaluated that and then looked at what they, the business wanted.
So originally they were looking at one use. The Noodles and as it turns out they had enough parking
between the two that they could actually provide for another building so actually there’s two users on
there. The only one they know right now would be the Noodles and the have a couple ideas for a
secondary tenant but that hasn’t been determined yet. So the landscaping plan, as shown on the picture on
the left meets the city ordinances. Again they will have a pylon sign. They’re looking at putting that in a
location which gives them better visibility and then they’ll also have wall signs I want to say closer to
Target Lane as opposed to Highway 5 so when you’re coming in off that way because they’ll get the
visibility from Highway 5 from the wall sign. So we do have the materials here too. The material boards
here. Originally when it was submitted it was a little bit darker in colors so we asked that they lighten the
building up a little bit. Again you’re going to have visibility from Highway 5. It does have a parapet wall
and it also has outdoor seating adjacent to Highway 5 and it was hard to see in the landscaping plan. The
landscaping plan, there is outdoor seating but that’s also well screened so that would be a nice opportunity
there for outdoor dining. So this is the renderings of the site plan. It does meet the city ordinance. The
Highway 5 architectural standards. The pitched roof elements and the like so it does meet city code so
with that we are recommending approval of the preliminary plat and the site plan and I’d be happy to
answer any questions that you have.
Mayor Furlong: Thank you Ms. Aanenson. Questions for staff. Mr. Laufenburger.
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Chanhassen City Council – October 13, 2014
Councilman Laufenburger: Thank you Mr. Mayor. Kate, I think this is a great plan and I expect that this
may be a typo but the sum of the two lots that you identify in square footage doesn’t equal the total and I
just.
Kate Aanenson: I think it’s correct in the staff report now.
Councilman Laufenburger: I’m looking at what identifies as page G-1. Well.
Kate Aanenson: I’ll check those numbers.
Councilman Laufenburger: Yeah, as long as what we record identifies that we’re not creating even 2 or 3
square feet out of nothing I think is important.
Kate Aanenson: Yes.
Councilman Laufenburger: Okay. Also you talk about the second retail. We are not approving a
Noodles here.
Kate Aanenson: No.
Councilman Laufenburger: We are approving the plan, is that correct?
Kate Aanenson: That’s correct.
Councilman Laufenburger: Okay.
Kate Aanenson: It’s our understanding it could be a Noodles.
Councilman Laufenburger: It could be something else.
Kate Aanenson: But it could change, that’s correct.
Councilman Laufenburger: Okay. Okay. And as long as it’s a retail that meets our plan then we’re
saying bring it on right.
Kate Aanenson: Correct. As long as it meets the parking standards and sign controls.
Councilman Laufenburger: Alright, thank you very much. That’s it Mr. Mayor.
Mayor Furlong: Councilwoman Tjornhom.
Councilwoman Tjornhom: Kate do you foresee ever, and…without looking at the plans but where they
could somehow, at some point turn it into a drive thru?
Kate Aanenson: No. Actually there’s a change in grade as you get behind, it’s hard to see on the, behind
the Perkins there. It gets narrow right through there and you’re actually behind, this is the dumpster for
the Perkins in their parking lot. It’s actually too narrow of a site to have that happen.
Councilwoman Tjornhom: Okay. And there is sufficient parking for two?
Kate Aanenson: Yes there is. Yes.
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Chanhassen City Council – October 13, 2014
Mayor Furlong: And I think to follow up on that question, for two what types of uses? For two
restaurants or for retail?
Kate Aanenson: Yes it could be two restaurants. It could be two restaurants, yes.
Mayor Furlong: Okay. Alright.
Councilwoman Tjornhom: One more question. When it comes to delivery trucks, where are those
entrances?
Kate Aanenson: They’re actually going to use the front door entrances, yep.
Councilwoman Tjornhom: Okay.
Mayor Furlong: Other questions? Ms. Aanenson from the topography, this building will sit down below
Highway 5, is that correct?
Kate Aanenson: That’s correct.
Mayor Furlong: Have we done anything with regard to screening of the HVAC equipment?
Kate Aanenson: Yes.
Mayor Furlong: More than just what might happen for a typical building?
Kate Aanenson: Yes, along Highway 5 we do require that it be effectively screened so this building does
have parapet walls that does screen it and they’re tipped in so it should effectively screen that. And with
landscaping.
Mayor Furlong: So we think with the sight lines for vehicles driving by, we want them to be able to see
the business name but we also don’t want them looking down on the equipment.
Kate Aanenson: Right. The highest point was you’re actually on the bridge as you’re kind of on the high
point.
Mayor Furlong: Okay.
Kate Aanenson: And as you’re coming down towards Powers you’re coming down.
Mayor Furlong: Sure.
Kate Aanenson: Yeah, so it would be on, going westbound that you’d have the best visibility of that.
Mayor Furlong: And I guess, and that’s what I wanted to know is did we look at the topography of this
site and what the sight lines would be from Highway 5.
Kate Aanenson: Yes.
Mayor Furlong: And we’ve taken the appropriate precautions for screening the equipment.
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Chanhassen City Council – October 13, 2014
Kate Aanenson: Yes, we had the architect give us those drawings to show those perspectives.
Mayor Furlong: Okay. Okay. Thank you. Any other questions for staff at this time?
Todd Gerhardt: Mayor.
Mayor Furlong: Mr. Gerhardt.
Todd Gerhardt: Just want to thank Kate and her staff for working on this development. It does feed into
our goals of trying to intensify retail development in the downtown area. And also the City is selling
some remnant land here so a little over $200,000 that the council can decide where you’d like to see that
money go to. It could go to the road assessment fund. It could go to park and trails. So council is free to
designate those dollars wherever you wish and but can’t count on the money right now until closing
occurs and we can bring that item back at a future council meeting once we have a successful closing.
Mayor Furlong: Okay, thank you. Questions. Councilwoman Tjornhom.
Councilwoman Tjornhom: One more question.
Mayor Furlong: That’s fine.
Councilwoman Tjornhom: I’ve got to get the planning commissioners out of me at some point. Signs.
Where will the signs be for this? Obviously it’s tucked in.
Kate Aanenson: Yeah, so when you’re coming down Target Lane, their monument sign they’re going to
have facing so as you come past Perkins, it’d be on the interior. Not, would not be on the Highway 5 side
so it’d be in Target Lane.
Councilwoman Tjornhom: Are there any signs there now? I don’t remember.
Kate Aanenson: There’s a Perkins sign.
Councilwoman Tjornhom: There is?
Kate Aanenson: On the other side of the island there on the island. And then they will have wall signs on
three sides because they have three frontages.
Councilwoman Tjornhom: Okay.
Kate Aanenson: Highway 5, the Target Lane and then the back side of Highway 5 so.
Councilwoman Tjornhom: And so their sign, when you say their sign, that’s the sign that will be used for
both, whoever comes in there? Both businesses. They’ll have to share that one sign location?
Kate Aanenson: For the monument, that’s correct.
Councilwoman Tjornhom: Monument.
Kate Aanenson: That’s correct.
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Chanhassen City Council – October 13, 2014
Councilwoman Tjornhom: Okay.
Mayor Furlong: Ms. Aanenson with that picture that you have there, Target Lane is a public street is that
correct or is it private?
Kate Aanenson: That is a public street, that’s correct.
Mayor Furlong: Okay. And where does that terminate? Is it about where the monument sign is?
Kate Aanenson: Yeah if I can go back to, there’s a drawing on here that shows. So now it’s going to be
extended. Right now it, you just had a legged intersection so now you actually can travel through that
lane and it actually creates better circulation for that end of Target too.
Mayor Furlong: And that’s my question. Will Target Lane be extended then all the way past there? Will
that continue to be a public street?
Kate Aanenson: It will be private after that point.
Mayor Furlong: Okay.
Kate Aanenson: Yep.
Mayor Furlong: And are there, this property abuts Target Lane which is a public street, correct?
Kate Aanenson: Correct.
Mayor Furlong: So we don’t have to worry about access easements or anything from the neighboring
property owners.
Kate Aanenson: No, that’s why this project took quite a while to figure out how to get that and it was
kind of an oddly shaped piece of property.
Mayor Furlong: Sure.
Kate Aanenson: So the only way this project could come forward is actually working with Target to
modify the parking and that’s between the two. A negotiation between the City and Target so that took a
little time.
Mayor Furlong: And I think credit, Mr. Gerhardt when we’re thanking people credit should go to Target
as well for.
Kate Aanenson: Yes.
Todd Gerhardt: Yep.
Mayor Furlong: Their cooperation and working with the City and the property owner.
Kate Aanenson: Yes. And I did want to note that the developer was here today. He was meeting with
Target and finalizing his agreements but he’s on the way back to Denver right now.
Mayor Furlong: Okay. Okay.
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Chanhassen City Council – October 13, 2014
Kate Aanenson: We didn’t think there’d be any issues so.
Councilwoman Ernst: Mr. Mayor?
Mayor Furlong: Yes.
Councilwoman Ernst: I should have mentioned this before but I would like to recuse myself from this
particular.
Mayor Furlong: Okay, as an employee of Target.
Councilwoman Ernst: Yes.
Mayor Furlong: As an employee of Target, that’s fine. Thank you Councilwoman Ernst. With that are
there any other follow up questions at this time?
Councilman Laufenburger: Comment.
Mayor Furlong: Anybody from the developer?
Kate Aanenson: That’s what I was saying. He was in here earlier today.
Mayor Furlong: Okay. Did he have any concerns that you’re aware of on any of the conditions set forth
in the plan?
Kate Aanenson: No, we went through everything that needs to be done and Andrea Poehler from the
attorney’s office has been working closely with the closing documents so I think everything’s moving
right along. It will come back for final plat. There are no public improvements so we will do a site plan
agreement.
Mayor Furlong: Okay.
Kate Aanenson: So the developer will be signing that and this property is still in the name of the HRA so
we’ll convert that. That document’s being drafted so when we come back for final plat you will also be
transferring that property to the City Council but everything’s in line to have that happen. We anticipate a
closing sometime in December.
Mayor Furlong: Thank you. Okay. Very good. There were no public comments I believe at the
Planning Commission.
Kate Aanenson: That’s correct.
Mayor Furlong: If I’m remembering correctly so no need for public comments here. With that comments
and discussion by the council members. Mr. Laufenburger.
Councilman Laufenburger: Yes, thank you. Great addition. My, I can count on my grandson visiting
more. He loves the pesto on the menu at Noodles so amen to that. Or whatever they say in Noodles
country.
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Chanhassen City Council – October 13, 2014
Mayor Furlong: Councilwoman Tjornhom.
Councilwoman Tjornhom: No I think these are always good evenings when we’re approving a plat like
this where new businesses are coming into town, especially restaurants because we all know that that’s
one of our favorite things to welcome into town so.
Mayor Furlong: Yeah I agree. I’m pleased to see it coming and I think as Mr. Gerhardt complimented
the staff and others involved, when you look at this, while it’s coming to us and it’s in very clean form
and ready to go, we know that didn’t just happen and there was a lot of work behind the scenes
throughout our planning department and engineering department and others. The developer. Target, the
neighboring property owners. A lot of different people were involved so these things don’t just happen. I
know this has been something that’s been in the works for many, many months and as Mr. Gerhardt said,
this is part of our strategic initiative as a city to look for ways to intensify a little bit the downtown and
take advantage of the area we have within our downtown and to enhance and promote our local economy
so when we see these occurring, this is an area that clearly can, and I do like the way the traffic’s going to
flow. It’s actually going to improve access I think to Target and to that whole area so I think it’s just a
wonderful project from a design standpoint. Planning standpoint but also from an amenity and a new
business coming to town for our residents and our local economy so very pleased to see it. If there are
other comments that’d be great. Otherwise would somebody like to offer a motion?
Councilman Laufenburger: May I?
Councilwoman Tjornhom: Yes you may.
Mayor Furlong: You want to rock, paper, scissors for it?
Councilman Laufenburger: Mr. Mayor I move that the City Council approves Planning Case 2014-28
consisting of a preliminary plat to replat 63,372 square feet into one lot of approximately 26,000 square
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feet and one outlot of approximately 37,000 square feet. Chanhassen Retail 4 Addition as shown in
plans dated and received October 6, 2014. Approval of a site plan dated August 13, 2014 and adoption of
the attached Findings of Fact and Recommendation.
Mayor Furlong: Thank you. Is there a second?
Councilwoman Tjornhom: There’s a second.
Mayor Furlong: Thank you, second. Mr. Laufenburger you brought up the comment about the numbers
not adding up. Did you read the numbers off there or did you read them off?
Councilman Laufenburger: I read them off the screen.
Mayor Furlong: The screen, do those numbers add up?
Kate Aanenson: That’s correct. That’s the City’s property that we’re splitting. That’s not including the
two parcels of Target and the Chanhassen parcels so there’s different numbers. This is for the plat. What
I showed you that I think you were talking about the numbers that didn’t match were the parcels, yeah.
Mayor Furlong: So do the, because some of the numbers here are including the 7,000. Some are not
including the 7,000 of Target.
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Chanhassen City Council – October 13, 2014
Kate Aanenson: What you’re approving is this big piece right here of the area of this and you’re splitting
off.
Mayor Furlong: Yes.
Kate Aanenson: That’s what those numbers represent.
Mayor Furlong: And did the motion numbers add up to that, to Mr. Laufenburger’s earlier question.
Todd Gerhardt: No.
Councilman Laufenburger: The numbers on this, the one person I’m looking at on this screen, if we’re
only talking about the City portion of the property, they don’t add up to the 63,372.
Mayor Furlong: That was my concern.
Roger Knutson: If I can make a suggestion.
Mayor Furlong: Yes. Would this be administrative?
Roger Knutson: Yeah, you could just take out those numbers.
Kate Aanenson: I would say the same thing, yeah. They’re on the plat.
Roger Knutson: They’re on the plat so.
Mayor Furlong: We’re replatting the 63,372 square feet into one lot and one outlot. Chanhassen Retail.
Is that a fair, are you acceptable with that modification Mr. Laufenburger?
Councilman Laufenburger: Absolutely. Hence my words of approximately so.
Kate Aanenson: Okay.
Mayor Furlong: Councilwoman Tjornhom, you’re also acceptable to that?
Councilwoman Tjornhom: Yes I am.
Mayor Furlong: As the seconder, thank you. Any other discussion on the motion? Seeing none we’ll
proceed with the vote.
Councilman Laufenburger moved, Councilwoman Tjornhom seconded that the City Council
approves Planning Case 2014-28 consisting of a preliminary plat to replat 63,372 square feet into
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one lot and one outlot, Chanhassen Retail 4 Addition as shown in plans dated received October 6,
2014; approval of a site plan dated August 13, 2014; and adoption of the attached Findings of Fact
and Recommendation, subject to the following conditions:
Engineering
1. Before the final plat is recorded the Surface Water Management fees, Park Dedication fees, and GIS
fees must be paid as well as any recording fees not collected with the final plat application.
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Chanhassen City Council – October 13, 2014
2.The applicant shall submit $25,000 in lieu of constructing stormwater best management
practices. This shall be due at time of final plat to be put into an account to be used
exclusively for the improvement of water quality downstream of the site.
3.The Storm Water Utility fee is estimated to be $18,525.10 and shall be due at final plat.
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 Shops at Chanhassen. The park fees will be collected in full at the rate in force
upon final plat submission and approval.
Site Plan
Environmental Resource
1.The applicant shall provide Rational Method calculations for proposed pipe design. The
applicant shall work with City staff to assure downstream system has adequate capacity to
handle the additional volume directed from the new impervious surface.
2.The erosion prevention and sediment control plan must be consistent with Section 19-145 of
Chanhassen City Code.
Building Official
1. The building is required to have automatic fire extinguishing systems.
2. Building plans must be prepared and signed by design professionals licensed in the State of Minnesota.
3. Retaining walls over four feet high must be designed by a professional engineer and a permit must be
obtained prior to construction.
4. Detailed occupancy-related requirements will be addressed when complete building plans are submitted.
5. The owner and or their representative shall meet with the Inspections Division as soon as possible to
discuss plan review and permit procedures.
Engineering
1.The developer must work with the neighboring property owners, including the City, to
acquire temporary construction easement for all off-site grading and construction.
2.The developer must acquire a permanent easement over all improvements the developer shall
own and be responsible for maintaining, such as the storm sewer.
3.The developer must obtain an access agreement from the City for construction and
maintenance of the sanitary sewer and water main within the right of way of Target Lane.
4.The developer’s engineer shall include the Perkin’s parking lot islands in the topographic
plan. Current plans do not show all islands within the survey area.
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Chanhassen City Council – October 13, 2014
5.Final plans shall include existing and proposed elevations at the property corners and
structure corners.
6.The grading plan shall include drainage arrows to indicate the direction of water flow.
7.The developer shall submit an accurate soils report indicating soil conditions and
permeability.
8.The grading plan shall identify proposed stockpile areas.
9.The grading plan shall show the top and bottom elevation of the retaining wall near the
Target sign.
10.The parking spaces shall be adjusted so that minimum dimensions are measured from the
gutter flow line.
11.The developer must pay the partial payment of the SAC fees and the WAC fees with the final
plat.
Planning
1.All rooftop and ground equipment must be screened from views.
2.Sign illumination and design shall comply with ordinance. Wall signs shall be limited to the
north, east and south elevations. Wall and monument signage shall comply with the sign
ordinance. All signs require a sign permit.
3.The applicant may share a monument sign within the same PUD contingent upon the removal
of the existing monument sign.
4.The exterior material for the trash enclosure must be of the same exterior material as the
building. Recycling space and other solid waste collection space should be contained within
the same enclosure.
5.Light levels for site lighting shall be no more than one-half foot candle at the project
perimeter property line. This does not apply to street lighting. All fixtures must be shielded.
6.Provide and maintain a cross access agreement with Target for parking.
7.Approval of the site plan is contingent upon approval of the subdivision and the
administrative lot line adjustment for Target as shown in Exhibit # 7
All voted in favor and the motion carried unanimously with a vote of 3 to 0. As an employee of
Target, Councilwoman Ernst recused herself from this item.
At this point Councilwoman Ernst rejoined the City Council for the remainder of the meeting.
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Chanhassen City Council – October 13, 2014
TH
FRETHAM 19 ADDITION, 6397 AND 6411 BRETTON WAY: REQUEST FOR
PRELIMINARY PLAT REVIEW FOR A FOUR-LOT SUBDIVISION WITH VARIANCES FOR
HARD COVER AND SETBACK. APPLICANT: LAKEWEST DEVELOPMENT, LLC/OWNER:
NAOMI CARLSON.
Kate Aanenson: Thank you Mayor, members of the City Council. This item did appear before the
th
Planning Commission on their September 16 meeting. There was residents in attendance regarding this
application and had some concerns. I’ll go through those as we go through the staff report. Again the
developer, Lakewest and the underlying property is Naomi Carlson. The subject property actually
includes two parcels. Two addresses there. 6397 and 6411 and located off of Bretton Way and access,
that’s how the access will be gained. I just wanted to give you a little bit of background on the request for
the four lot subdivision and that’s. Sorry. Here we go. So the history of this property is 6397 and 6411,
the two parcels there. So there is some history on this property and I just want to briefly go through this.
th
On March 11 of 2013 we talked about the non-conforming uses that were on this property and in 1988
nd
the Curry Farms 2 Addition was approved which is surrounding this property so this is a remnant parcel
kind of created in that area. So there’s a registered land survey that goes back to 1988 that created those
two parcels. Again in 1986 the property was rezoned to Single Family Residential from Residential
Agriculture and there was in 1970 a Precision Manufacturing business on the site. So there’s been a
lengthy history on this piece of property and now the applicant’s coming forward to plat four lots on this
subdivision. So your application then is for preliminary plat review of the four lot subdivision with
variances for hard cover and setback. So to create the four lots as shown on here there is an easement to
the north which I’ll spend a little bit more time on that. That easement serves other parcels so Mrs.
Carlson owns the property underneath but there’s two easements that run. One to this homeowner and
one to this homeowner. The easements. So because of those easements, that’s where the hard, the
variance comes into play because there’s the hard surface coverage is calculated towards each of those
lots. Again the underlying property owns those but there’s an easement over them. So there is a
significant amount of grading on this. It’s challenging slopes in the area. One of the other requests then
is for a variance to move this house forward. You can see the grading on this site because of the retaining
wall along here. The retaining wall’s about 305 feet long and averages 8 to 12 feet in height along that so
this property number, this lot right here actually goes up, the only access to it is via this property through
here. This easement driveway through here so they need that to maintain the lot area requirement.
Mayor Furlong: And can I interrupt with questions as you’re going through?
Kate Aanenson: Sure.
Mayor Furlong: That little portion of the parcel to the north that you were just highlighting, which of the
three lots or four lots, excuse me.
Kate Aanenson: It goes with the second lot.
Mayor Furlong: Second lot.
Kate Aanenson: Correct.
Mayor Furlong: And when we’re talking about lots 1 through 4, as we’re looking at this, is Lot 1 on the
left and Lot 4 on the right?
Kate Aanenson: Yes.
Mayor Furlong: So Lot 1 is west of the property and Lot 4 is on the east side of the property.
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Chanhassen City Council – October 13, 2014
Kate Aanenson: This is correct. Yep.
Mayor Furlong: Thank you. Okay.
Kate Aanenson: So this little remnant parcel then, to get the lot area needs to be attached to this.
Mayor Furlong: To Lot 2?
Kate Aanenson: Correct, and because of the significant amount of grading and the retaining wall which
you can see on there, which is 8 to 12 feet in height, the only way to get to the back of that lot would then
be along this easement. Again the underlying property owner owns that property.
Mayor Furlong: Right.
Kate Aanenson: There’s just easements on top of it.
Councilman Laufenburger: Mr. Mayor?
Mayor Furlong: Mr. Laufenburger.
Councilman Laufenburger: Thank you. Ms. Aanenson, can you just re-state for me? You’re talking
about a retaining wall. The retaining wall does not exist today, is that correct?
Kate Aanenson: That is correct.
Councilman Laufenburger: This is a planned retaining wall.
Kate Aanenson: That is correct.
Councilman Laufenburger: Okay. And just one more thing. This, when you talk about in Lot number 2
you talk about getting the lot size. You’re referring to the lot size that is required for building size, is that
correct?
Kate Aanenson: You’re correct.
Councilman Laufenburger: Okay.
Kate Aanenson: So in the compliance table that we have in the staff report lots are required to be 15,000
square foot minimum and they do meet that and that’s important to have, for them to have the lots to
make it work.
Councilman Laufenburger: But.
Kate Aanenson: So this is a challenging piece. Just to get the four lot yield, we see some of these when
it’s infill development. More challenging with some of the encumbrances on it and the change in grade
so the wall, which is expensive to put up to make that work, again protecting those homeowners because
you have people that are using this easement to access their property. Snowplowing and the like so we
did have conditions on there. Engineering did put on the conditions on there for the design of the wall
and also for the wall that, because it crosses over property lines they want to make sure that we’re not
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Chanhassen City Council – October 13, 2014
impacting anybody to the negative but they also want to make sure that there’s a barrier. Some sort of
fence along that southern side so there’s protection there because of the change in grade.
Councilman Laufenburger: Mr. Mayor?
Mayor Furlong: Mr. Laufenburger.
Councilman Laufenburger: Kate the, you’re using the term easement on that northern portion of the
property.
Kate Aanenson: Correct.
Councilman Laufenburger: This is a, can you further describe this easement?
Kate Aanenson: Yep, I’m going to go through a couple slides and go through that in more detail.
Councilman Laufenburger: Okay. Okay.
Kate Aanenson: So just kind of give you why, set up why the, why there needs to be relief on some of the
lots to push this house further down. Because of that we talked about the two homes that access here and
this property owner, to get to the back of their lot will need to access there, is to push that house further
away so you’re not right adjacent to that easement. Again our ordinance doesn’t have a setback from an
easement. Just from a property line but we think it makes sense to pull that lot down and because coming
off of Bretton Way would make it a tuck under. We think it’s more desirable to have the house shown as
is but given a variance and I’ll go through that in a little more detail. So these are the easements so one
easement remains on 6305. The first easement goes to that home. Then there’s an easement that goes to
6281, the home in the back. Then there’s a couple other easements that are on here. Oops, a couple other
easements that are on here that should also be removed and those are some older easements that when
they go to finalize the plats that will also need to be extinguished so those are the easements that are
currently on the property. So did you have a question on this?
Councilman Laufenburger: I did.
Kate Aanenson: Go ahead.
Councilman Laufenburger: May I Mr. Mayor?
Mayor Furlong: Please.
Councilman Laufenburger: Okay, so the easement that’s on the screen right now which shows the, I’m
going to use a different word. It’s access so the owner of the subject property has granted access for a
period of time for the property owners at 6305 and 6281 to drive along the private property of the subject
property.
Kate Aanenson: Correct.
Councilman Laufenburger: In order to get to their homes.
Kate Aanenson: That’s correct.
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Chanhassen City Council – October 13, 2014
Councilman Laufenburger: Okay. Is that easement a City easement? Is the City a part of that easement
at all?
Kate Aanenson: No.
Councilman Laufenburger: With that agreement.
Kate Aanenson: No. No.
Councilman Laufenburger: Why not?
Kate Aanenson: It’s a private easement. Because the underlying property owner granted an easement to
that property and the City was not a part of that easement.
Councilman Laufenburger: So we as a City, we have no, I don’t know what the right word is.
Kate Aanenson: Jurisdiction.
Councilman Laufenburger: Jurisdiction over that, is that correct?
Kate Aanenson: That’s correct.
Councilman Laufenburger: Okay, we have no jurisdiction over that. So that agreement is between those
property owners or those users of that access.
Kate Aanenson: Right, and the underlying property owner, correct.
Councilman Laufenburger: Okay.
Kate Aanenson: And that would be the same with the easement that goes to the property.
Councilman Laufenburger: 6281.
Kate Aanenson: That’s correct.
Councilman Laufenburger: Okay. Is it?
Roger Knutson: Mayor and council, just to be clear, what’s happening here if approved will not affect
their easement rights.
Councilman Laufenburger: Oh it won’t?
Roger Knutson: We can’t affect their easement rights.
Mayor Furlong: And when you say easement rights you’re talking about the Teton Lane property owners.
Roger Knutson: Yes.
Mayor Furlong: 6305 and the 6281.
Roger Knutson: Right. They will continue to be in effect.
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Chanhassen City Council – October 13, 2014
Mayor Furlong: They will have access within that 14 foot wide.
Roger Knutson: We will not take, we don’t have the right to take it away and we’re not attempting to
take it away. It will remain.
Kate Aanenson: Right.
Mayor Furlong: Okay. Thank you.
Kate Aanenson: Right. Right. Right.
Todd Gerhardt: And Kate can you switch to the other two easements you were talking about?
Kate Aanenson: Yep.
Todd Gerhardt: Now those we do have the right to eliminate those easements as a part of the plat.
Roger Knutson: Yes.
Kate Aanenson: Yeah, we’ve asked that those be extinguished as a part of the plat.
Mayor Furlong: As a condition of approval.
Kate Aanenson: Because they would, the houses would fit, or actually lie on top of those easements so
we typically don’t like to build over an easement so we’d want those extinguished.
Councilman Laufenburger: For what purpose were those easements in place?
Kate Aanenson: Access easements.
Councilman Laufenburger: Okay. Okay.
Kate Aanenson: Again there was a couple commercial uses that are, or a larger commercial use that was
in there. The barns that were there. That provided access for those.
Councilman Laufenburger: But they’re no longer needed so.
Kate Aanenson: That’s correct, with the subdivision so. Okay. So back to the four lots then. The
stormwater management is being proposed to be treated with rain gardens so these, there’s two ways that
the water would be started on the western side moving towards the east and then ultimately could be tied
into an existing private system or then tied into the City’s system so those, we’ll have that resolved by the
time of final plat but that’s the direction of how the stormwater will be managed in this area. The
landscaping plan, that meets city ordinance. And the variance. As I mentioned the variance for the hard
cover is because our ordinance, because it’s the underlying property, counts that hard cover for those
easements so they’re being penalized for that as far as the hard cover requirements of the lot so the lot
sizes are big enough. It’s just the fact that the hard cover is over the percentage so staff did recommend
approval, as did the Planning Commission. Then the front setback as we talked about for Lot 1, we also
recommended that that be given a 20 foot front yard setback so that can be moved closer actually to
Bretton Way giving greater separation from that private easement on the north. So that was to get it
further away from this. So this is again that hard cover that’s counting towards all the lots so you can see
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Chanhassen City Council – October 13, 2014
the property line is up here on that north side so those, all that hard cover is going against their
calculations. So with that I’d still be happy to answer any questions, if there’s still more questions.
Mayor Furlong: Oh I’m guessing there might be.
Kate Aanenson: I’m guessing there’s going to be a few. So we are recommending approval and I think
there was specific concerns from the neighbors but I also think there were a lot of neighbors that were
happy that it was becoming houses too.
Mayor Furlong: Why?
Kate Aanenson: Just because there’s been some complaints up in the neighborhood for the use of the
barn and the like.
Mayor Furlong: And maybe I’ll start, as the property sits today it’s non-conforming.
Kate Aanenson: Correct.
Mayor Furlong: With the neighborhood, correct?
Kate Aanenson: Correct.
Mayor Furlong: And the uses are not consistent with residential.
Kate Aanenson: That’s correct.
Mayor Furlong: Usage and obviously this, there have been matters before the council in the past and I
know some concerns but it’s, yet I think you also mentioned it is zoned for residential.
Kate Aanenson: That’s correct.
Mayor Furlong: That’s what makes it non-conforming. It’s a different use. It was a use in place prior to
the zoning changing to residential.
Kate Aanenson: That’s correct.
Mayor Furlong: Is that…
Kate Aanenson: At one time it was permitted. That’s correct.
Mayor Furlong: It was permitted. It continues to be permitted as a non-conforming until such time. How
do we typically when we’re dealing with, from a planning standpoint and from a zoning and use
standpoint, what are we looking for when there’s a request from a non-conforming property owner to
make a change? Whether seeking variances or in this case subdivision. Is there some goals and
objectives from the City with regard to seeking to eliminate the non-conforming use?
Kate Aanenson: Well I think the main thing is to have it fit the character of the neighborhood and I think
the challenge here was as I, you know this is infill development which is kind of the remnant piece that
was left. It has some nuances, specifically the narrowness and the grading of the slope going up towards
the easement. There was other ways to develop some of those properties to the north but they also have
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Chanhassen City Council – October 13, 2014
larger lots so some of those properties to the north could be subdivided into the future so again just trying
to maintain the character of kind of the Curry Farms. The lot size there and make it fit in.
Mayor Furlong: But isn’t it a goal to try to reduce or eliminate non-conforming uses?
Kate Aanenson: Absolutely.
Mayor Furlong: From an overall city objective.
Kate Aanenson: Correct.
Mayor Furlong: Consistent with our Comprehensive Plan correct?
Kate Aanenson: Right, yeah.
Mayor Furlong: Okay.
Kate Aanenson: But again in this circumstance sometimes you have to be a little bit, give some relief
with variances in order to make that happen because of the complexity.
Mayor Furlong: There’s some value being received publicly because the non-conforming use is going
away.
Kate Aanenson: That’s my point, yes.
Mayor Furlong: And you’re saying working with the property owner to find a way that fits for
everybody.
Kate Aanenson: The best we can, exactly.
Mayor Furlong: The best we can, thank you. Okay. I probably have some other questions but I’ll defer
to the questions of council first. Mr. Laufenburger any questions at this point?
Councilman Laufenburger: Yeah just Kate, I think you’re using very good words to describe the situation
we’re in. I do want to talk about this setback first of all. The setback on Lot 1, in this case the variance
they requested and the picture we’re looking at right now is the existing structure, is that correct?
Kate Aanenson: Yeah, right. The house would actually would be right in here is where.
Councilman Laufenburger: So what essentially we’re doing is we’re allowing the builder or the owner of
Lot 1 to move their house closer to Bretton Way. Farther away from what will be a retaining wall, is that
correct?
Kate Aanenson: That’s correct.
Councilman Laufenburger: Okay. To give them some clearance.
Kate Aanenson: Correct.
Councilman Laufenburger: Okay. So the only, what we’re, what the applicants are asking for is that give
us the ability to move the house a little bit closer to Bretton Way than the current setbacks allow.
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Chanhassen City Council – October 13, 2014
Kate Aanenson: That’s correct.
Councilman Laufenburger: Okay, alright. So now I understand that one. Now talk about the variances.
Lot 1, which is where that current house is and then also Lot 3, you’re saying, I think you’re saying that
what, the land that is in the private easement, we, are we obligated to count that as hard cover?
Kate Aanenson: Yes because their underlying property is still a part of this plat.
Councilman Laufenburger: Even though that surface may be a permeable surface?
Kate Aanenson: Right.
Councilman Laufenburger: Okay. So we’re saying including that, that adds more hard cover surface to
the lots and therefore to give appropriate building platform or building footprint it’s necessary to raise the
amount of allowable hard surface on those lots 1 and 3.
Kate Aanenson: That’s correct.
Councilman Laufenburger: Okay.
Kate Aanenson: And again I just want to add the complexity of working with this narrow lot. Working
with the grades. Trying to get the lots, the houses to sit just so. Again looking at this first lot, Lot 1. To
give them some reasonable lot area which would really be on the eastern side, that’s probably the more
desirable and not having that tuck under so could you have moved the lots? Then it effects where the
stormwater is going. How the grading. How the retaining wall works so it’s a lot of details.
Councilman Laufenburger: But these four lots in total square footage of these lots meet the minimum
requirement of our RSF.
Kate Aanenson: That’s correct. That’s correct.
Councilman Laufenburger: Single family, okay. That was my questions, thank you Mr. Mayor.
Mayor Furlong: Any other questions?
Councilwoman Ernst: Mr. Mayor?
Mayor Furlong: Councilwoman Ernst.
Councilwoman Ernst: Kate can you tell me when, and Councilman Laufenburger referred to this. The
permeable surface that we’re talking about and we’re counting as hard cover.
Kate Aanenson: Yes, it’s the existing easement. So you can see right now this is where that easement
falls but that’s also, this dark line on the north side there is part of the underlying property owner, Mrs.
Carlson’s property. So even thought it’s compacted gravel we still count it towards hard surface.
Councilwoman Ernst: And has that been common practice?
Kate Aanenson: Yes. Yes.
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Chanhassen City Council – October 13, 2014
Mayor Furlong: Any other questions?
Councilwoman Ernst: Thank you.
Mayor Furlong: Ms. Tjornhom? I have a few and certainly we’ll have an opportunity to hear the
property owner and developer at some point here but with regard to the easement and this access
easement that we’re looking at here, and I think Mr. Knutson you may have raised the point. The
easement provides the two property owners to the north access through this 14 foot strip across the top of
the property. But the property owner still owns that property underneath and as long as they’re not
obstructing the access to the property owners that have the easement, that’s still their property and they’re
free to use it as they choose to depending on, have we looked at, have you looked at the easement
agreement? I mean they could still access that and I think that was even mentioned by Ms. Aanenson
about the need for Lot 2 to be able to get to their property to the north there.
Roger Knutson: Yes we have looked at the easement agreements. I have them with me tonight.
Mayor Furlong: Okay.
Roger Knutson: And we cannot and will not obstruct their, by what we’re doing here tonight, their ability
to continue to use that easement for access to their property…
Mayor Furlong: And as long as it’s not obstructed though. I mean that doesn’t, the easement doesn’t
preclude the property owner from also driving along that.
Roger Knutson: No.
Mayor Furlong: Or doing something along there as long as they’re not obstructing the access that’s
granted through the easement.
Roger Knutson: Yes.
Mayor Furlong: With that Ms. Aanenson you mentioned Lot 2, in order for them to gain access up there.
Kate Aanenson: Correct.
Mayor Furlong: Will likely use the same driveway that exists currently. Is one of our conditions that Lot
2 will have a cross access across Lot 1 so that they’re able to do that?
Kate Aanenson: They’d have to go back out on Bretton Way. Come back up this way because there is
that 12 foot retaining wall.
Mayor Furlong: And so because of that, does our staff report include a right for Lot 2 property owner to
access across Lot 1 or along that same 14 foot…
Kate Aanenson: Actually all the property owners still have those rights is what I heard the city attorney
say because it goes with the underlying properties.
Mayor Furlong: Well but as soon as we subdivide I don’t think Lot 4 would have any legal right to
access across Lot 1 unless that’s specifically granted. And 3 and 4, obviously Lot 1 can let anybody cross
the property who wants to but from a legal access I’m wondering if Lot 2 should have that as part of a
condition so that Lot 1, sometimes neighbors don’t get along. Lot 1 can’t keep them from getting up to
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Chanhassen City Council – October 13, 2014
their property. And I don’t need an answer tonight unless we do as part of the preliminary plat to make
that a condition. That Lot 2 would have a cross access through this same 14 foot wide easement up
above. Mr. Knutson.
Roger Knutson: The easement rights exist today but, before the plat will not be impaired by the plat.
Mayor Furlong: Right.
Roger Knutson: You want to create additional rights.
Mayor Furlong: My question is, should Lot 2 be, have cross access across Lot 1 through the same
existing private easement so that Lot 2 can access the northern part of their parcel because there’s going
to be a retaining wall obstructing their access otherwise. If they want to mow the grass or do something
up there, how do they get up there unless they access across Lot 1?
Roger Knutson: It’s my understanding that they can go around and use that access.
Mayor Furlong: Well but if it’s a private access, if it’s not a public access how is, what if Lot 1 property
owner doesn’t want Lot 2 property owner crossing his property to get to Lot 2’s property on the other side
of the retaining wall? On the north side of the retaining wall.
Todd Gerhardt: He has underlying rights to go up that way from the original easement.
Mayor Furlong: He has to let the properties to the north access because they already have the easement
but Lot 2 doesn’t, wouldn’t have an easement at this point.
Roger Knutson: That’s correct.
Mayor Furlong: So I think that should.
Councilman Laufenburger: Well, Mr. Mayor?
Kate Aanenson: Can I just tell you want our recommendation was is that you know really the person that
needs to use that driveway is Lot number 2.
Mayor Furlong: And for reasons…
Kate Aanenson: And that’s where we were trying to go but that’s what I thought I heard the city attorney
say, they would still have a right to it but we were trying to minimize those people using the back of there
for storage or the like. The only person that really needs to access that would be Lot number 2.
Mayor Furlong: Right and Lot number 1 can drive up and down that or do whatever they want as long as
they’re not obstructing the access easements that already exist.
Kate Aanenson: Right.
Mayor Furlong: I’m just saying that, that once this is subdivided Lot 3 isn’t going to have, be a part of, to
my understanding. Now maybe it will be but unless it’s a condition, Lot 3 and 4 wouldn’t be able to drive
up and down that private easement on Lot 1 or 2.
Roger Knutson: Unless they’ve given an easement.
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Chanhassen City Council – October 13, 2014
Mayor Furlong: Unless they’re given an easement rights and that’s why I’m thinking we should probably
make sure that Lot 2 has easement rights in that same section so that there’s no more burden to Lot 1
other than what’s currently existing so that they can access, or have that same access easement up to their
property line. Mr. Laufenburger.
Councilman Laufenburger: Mr. Mayor as you’re talking about this one thing I’m thinking is, today prior
to the subdivision the property owner of these four lots, but it’s one lot, that property owner is one entity
so the private easement is between that single owner and let’s identify her as Ms. Carlson and that
agreement is between Ms. Carlson and the owners of 6281 and 6305 so there’s an easement between
those. My question perhaps for Mr. Knutson would be, when those, when this is subdivided will it be
necessary for Mrs. Carlson to write in her selling agreements with whoever buys the lots that she chooses
not to hang onto, that there will be then for example 6281 on the property on the north to the right, or to
the east, will they have to have 4 individual private easements in place in order for them to be able to
drive all the way along that private easement? Do you understand my question Mr. Knutson?
Roger Knutson: Yeah. The underlying.
Mayor Furlong: …public interest. I’m sorry.
Roger Knutson: The underlying fee owner, Mrs. Carlson who owns the underlying fee. What the
easements are laying on top of can grant additional easements to different property owners. They’ve not
inclusive.
Councilman Laufenburger: Okay.
Mayor Furlong: And the question I have is, is should as a condition of the subdivision because once it’s
subdivided the properties can be sold separate. The fee interest can be sold separate and therefore the
purchaser of the second lot, in order to gain access to the northern part of that second lot should have
access rights across Lot 1.
Roger Knutson: You could condition your preliminary approval on that.
Kate Aanenson: That’s what we had in our recommendation. On only Lot 2.
Mayor Furlong: Is it in there?
Kate Aanenson: Yes. I’m trying to find it.
Mayor Furlong: Okay.
Kate Aanenson: That was our recommendation. Only Lot 2 so we’re not increasing that.
Mayor Furlong: We’re not increasing that, okay.
Kate Aanenson: Or potential conflicts in the future.
Mayor Furlong: Okay, thank you.
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Chanhassen City Council – October 13, 2014
Kate Aanenson: I just wanted to point out one other thing too that I didn’t bring up is there’s existing
buildings on the property. We did state in the staff report that’s a condition that those buildings must
come down before anything else were to go forward if the project was to advance.
Mayor Furlong: With regard to some other questions that were raised at the Planning Commission, with
regard to the demolition of the property. Are we comfortable that we have the resources on staff or can
obtain those through an outside consulting firm to appropriately evaluate the…
Kate Aanenson: The applicant’s responsible to do that. Do the assessment of the buildings to make sure
before they come down. Yeah, that’s their obligation. They do that through the building department.
Mayor Furlong: And do we have sufficient staff or can we access sufficient outside advisors as necessary
to make sure that that’s done in a safe manner.
Todd Gerhardt: Yeah, as a part of their building demolition permit they have to give us an environmental
assessment of the property.
Mayor Furlong: Okay.
Todd Gerhardt: And so somebody.
Mayor Furlong: By a qualified professional?
Todd Gerhardt: By a qualified firm and they would go in and review for asbestos and any other materials.
Tanks and what have you and make sure that they’re properly disposed of.
Mayor Furlong: The variances that are being requested, one for the hard cover. The other for the
assessment, I think this was asked but the setback variance is being requested for Lot 1 only.
Kate Aanenson: That’s correct.
Mayor Furlong: And now is there anything, and perhaps topography would make this impractical but
there’s nothing to prevent a house to be built on Lot 1 that would use the existing driveway within the
easement as a driveway to that property as well?
Kate Aanenson: Well that’s why I think our goal we tried to make a condition.
Mayor Furlong: And as I.
Kate Aanenson: Make a condition that makes that condition a separate driveway, correct.
Mayor Furlong: Well but as I’m saying that, I wouldn’t necessarily be opposed to that if that’s the best
way to build a house and such like that. At the same time I think for flexibility having that setback
variance in place makes some sense as well.
Kate Aanenson: Okay.
Mayor Furlong: But if the best, if the way the person wants to develop the house utilizes that existing
driveway.
Kate Aanenson: Sure.
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Chanhassen City Council – October 13, 2014
Mayor Furlong: I just want it on the record that that would be allowable.
Kate Aanenson: Yep. Yeah, there’s some.
Mayor Furlong: It’s their property as long as they don’t obstruct it and there may be some reasons why
that wouldn’t work.
Kate Aanenson: There was some clean up that we’re recommending on this because part of the gravel
road in this area here. I’m not sure you can see that.
Mayor Furlong: I can see it’s outside the easement.
Kate Aanenson: It’s outside the easement and we recommended that that be cleaned up but that’s
something that we can look at. I’d let the developer speak to that because they would have a better
indication of the grades and how that would work with the style home.
Mayor Furlong: Okay. And I think this gets back to the issue that it’s a non-conforming property as it
sits today and the basis, but the hard cover variance, that’s one of those give and takes I assume, is that
correct?
Kate Aanenson: That’s correct.
Mayor Furlong: Because to avoid a precedence here, just because somebody provides an access easement
across their property and somebody builds in a driveway across there, that doesn’t necessarily provide
them an opportunity to come to City Hall and ask for a variance on hard cover surface.
Kate Aanenson: Right. It’s just.
Mayor Furlong: It’s a private easement. It’s an impairment that they offer to their own property so, I
mean the give and take here is because this is a non-conforming use and we’re trying to bring it into
conformance. Is that part of that?
Kate Aanenson: That’s correct and just so you know when they first met with staff I, they were told they
couldn’t get that relief and there was no way this project was going to move forward. They actually met
with some of the surrounding properties to see if they could get, they worked really hard to try to come
with some of, this is the only way it could move forward with the four lots. Building these retaining wall
to be, to give some relief and not penalize them for that easement hard cover.
Mayor Furlong: And so it’s a very specific.
Kate Aanenson: It’s unique to this property.
Mayor Furlong: Unique to this property.
Kate Aanenson: Correct.
Mayor Furlong: And all the circumstances and facts associated with the property.
Kate Aanenson: Correct.
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Chanhassen City Council – October 13, 2014
Mayor Furlong: And in the staff report there were questions about the location of that retaining wall to
the easement and a request that it be set back from that easement but the staff report doesn’t require any
setback correct?
Kate Aanenson: Well we wanted, we’d like to see the design of that but again part of that setback is to
allow for some sort of barricade so you’re not, a person driving on that easement isn’t right adjacent to a
12 foot drop so you’ve got some room to put some sort of barricade. Whether that be fencing or just
balusters or something so we’ll look at that engineering as we get into some of the final plat details.
Mayor Furlong: Okay. So that would be something that staff would review with the developer as they
look at their grading plan?
Kate Aanenson: That’s correct. Engineering wants to look at that again.
Mayor Furlong: Okay. But nothing specific from a condition standpoint at this time? Okay.
Kate Aanenson: There is conditions that they put some sort of barricades and fencing and that’s in there.
Mayor Furlong: I saw that.
Kate Aanenson: Yeah but it didn’t, we didn’t call out the specific designs. I think we called out the type
but not a boulder wall. Some of those specifics on the type of wall were put in there but we’d work
through that as they submit those drawings.
Mayor Furlong: Okay. And can you tell me where that condition is that allows that cross access for Lot
2. I must have missed that one.
Kate Aanenson: I was looking for it too.
Mayor Furlong: Okay. Maybe you can keep looking and if we can’t find it then we’ll make sure it gets
in there. I’d rather be redundant than omit.
Kate Aanenson: Sure.
Mayor Furlong: Thank you. Is the applicant here this evening and would you like to address the council
this evening? Good evening sir.
Ben Wikstrom: Mayor Furlong and council members. Good evening. My name is Ben Wikstrom. I’m
with Lakewest Development, 14525 Highway 7 in Minnetonka.
Mayor Furlong: Good evening.
Ben Wikstrom: Good evening. Thank you to staff for that report and for, to all of you for getting almost
all of the questions out of the way or all of my talking points. We, I just want to mention we had a
th
neighborhood meeting before the Planning Commission meeting on September 11 was our meeting and
we’ve also met individually with some of the neighbors about some of their concerns. The response was
generally favorable. I think the neighborhood would like to see single family homes there rather than that
use that’s there now but we would be happy to meet with individual neighbors going forward as well but I
think we’ve satisfied most of their concerns and as I said their reaction was favorable overall. There were
some questions in the, at the Planning Commission meeting as well and at our neighborhood meeting
about some of the stormwater management and the grading and drainage and things like that and our
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Chanhassen City Council – October 13, 2014
project engineer is here tonight so, Marty Campion. He could come up and answer any specific questions
you have about those but I think those were well addressed at the Planning Commission meeting as well.
We believe that the easement we’ve been talking about at length here is an evident practical difficulty for
this site which of course you need to prove for a variance but if you look at a couple of the tables that are
in the staff report you’ll see that that hard surface coverage being used up is over half of what’s allowed
on those lots and in fact our proposed house and driveway on Lot 1 are less than what’s impervious in
that easement area. Then on Lot 3 it takes up about a third of what is allowed on that lot so, or actually it
takes up a higher percentage but it will be a third of what is on that lot. So there are those other
easements that Kate mentioned and we will certainly vacate those. Those are old access easements for the
use of those manufacturing buildings. The, what we are calling that access easement on the north side,
that 14 foot wide easement is from 1969. It’s not very well defined at all but the Story’s and Mr. Rabe
and whoever lived there before them have been using it as an access easement and there’s also I believe a
sewer line through there and a gas line through part of it so we don’t wish to challenge the use of that
easement or something so we’re asking for this relief on the setback. In general we think this will be an
improvement to the neighborhood. We think the houses and the builders, the builders we work with and
the houses that we would propose would be architecturally compatible with the neighborhood. Kind of
the 20 year, 25 year newer versions of what’s in the Curry Farms subdivision. Two story homes. Some
of our recent examples are, we have a subdivision in Eden Prairie. A couple in Minnetonka and they are
all similar homes to what you see in Curry Farms. Just newer ones and we of course aren’t the builder
but we have a good relationship with 4 or 5 builders. We don’t limit ourselves to that if we’re doing a
larger subdivision but in this case we have had some interest from some of those same builders so we
think the housing types that will be there will fit in nicely with the neighborhood. I will try to answer any
questions you have and as I stated our project engineer is here too so thank you.
Mayor Furlong: Okay, thank you Mr. Wikstrom. Any questions for the applicant? No? Thank you and
thank you for working with staff and the neighbors as well.
Ben Wikstrom: Thank you.
Mayor Furlong: We appreciate that. There was a public hearing held at the Planning Commission and I
know that there are a number of residents that spoke there. Some of those questions I think have been
addressed either in the staff report or this evening. If there are any new information that members of the
public would like to address to the council through public comments we’d certainly entertain those at this
time.
Jerry Story: Good evening. I’m Jerry Story. I live at 6281 Teton Lane. I’m the homeowner that has the
deeded easement. I feel that I requested several things at, from the planning, Bob Generous and Kate and
I got no response from them. What I would like to see, actually I see no stipulation in the planning report
regarding my part of the easement. My coming and going. My property is landlocked. I don’t know if
you understand what landlocked is. That means I don’t have owned property on a street and so the only
way to get to my property is through either a granted easement or a hostile easement. We do have a
granted easement. I’ve been using it by ourselves for 23 years. We’ve owned the property 23 years. No
one else has ever used it. I’ve maintained it. Rob has easement down to our property line and he uses the
front part of it. He’s never used the back part of it and I’ve maintained that easement all those years.
Paid for all the upkeep myself. What I’m requesting is to get some sort of recognition that I have an
easement and I don’t see why the integrity of the easement that I’ve had for 23 years should be
compromised in any way.
Mayor Furlong: And I guess let me ask you that question Mr. Story because clearly that’s a concern. Do
you see that this subdivision is obstructing your use of that easement or compromising that easement?
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Chanhassen City Council – October 13, 2014
Jerry Story: I don’t see it as obstructing. I talked to Kurt Fretham personally in the beginning when they
first sent out their thing. I gave him an alternative. I said if the land is deeded you won’t need it for hard
cover. If it’s deeded to me you don’t need it for the hard cover and because I’ve got enough land to take
care of that hard cover and he said I have enough. There’s enough property there to get 4 houses and still
deed that property away. He told me that and but for some reason they didn’t seem to want to do that so.
Mayor Furlong: Okay.
Jerry Story: There’s other ways that this can be done I think and not compromise the integrity. I also
requested a 10 foot setback of any retaining walls and homes and that was never addressed in the planning
report either. There’s papers regarding that, that I submitted to the planning committee or planning
workers but none of it was addressed in the planning report. So and the little outlot that goes up into
Robbie’s property has a very steep grade. There’s no way you could ever drive up there anyway so it’s
kind of redundant.
Mayor Furlong: Okay.
Jerry Story: You know I know Bob mentioned something about storing boats and trailers but it’s too
steep to even drive up let alone store something there so is it buildable that little piece of property?
Kate Aanenson: I think there’s a storage building on there right now.
Jerry Story: There is, yeah. It’s an electrical building.
Mayor Furlong: But I think isn’t it Ms. Aanenson that northern part of Lot 2 is part, would be part of Lot
2 with this subdivision.
Kate Aanenson: That’s correct.
Mayor Furlong: And so it, it is Lot 2 in it’s entirety is a buildable lot.
Jerry Story: Right, yes.
Mayor Furlong: Right and so as I understand it and Ms. Aanenson correct us, Lot 2 with this subdivision
going forward would include that northern most parcel to the north of the.
Jerry Story: Yeah.
Kate Aanenson: Yes.
Mayor Furlong: Okay. Okay.
Jerry Story: I don’t have a problem with the subdivision.
Mayor Furlong: Okay.
Jerry Story: My problem is with maintaining the integrity of my easement that I’ve had rights for 23
years. I don’t think that should be compromised in any way. If you divide it up into four properties, now
I’ve got to deal with four neighbors instead of one. It’s totally ridiculous.
Mayor Furlong: Well and I guess.
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Chanhassen City Council – October 13, 2014
Jerry Story: It can be done in some other way.
Mayor Furlong: I mean given the private easement that goes with the property so if this subdivision
occurs is the easement still exist?
Roger Knutson: It still exists.
Mayor Furlong: It would still exist.
Roger Knutson: Yes.
Jerry Story: But isn’t there a city code that you can only have so many properties on an easement?
Kate Aanenson: All these properties would access Bretton Way or unless we wanted to let the other one
off you can have three off of a private drive. That was what the Mayor had mentioned earlier but all the
other three, Lots 2, 3 and 4 all have access off of a public street. So it’s not.
Mayor Furlong: Well and even Lot 1 has access off a public street.
Kate Aanenson: Pardon me?
Mayor Furlong: All four of them have access off public streets don’t they?
Kate Aanenson: Right but I’m saying even if, even if what you had recommended potentially could use
existing.
Mayor Furlong: That would be an option for Lot 1.
Kate Aanenson: That would be an option, that’s correct.
Mayor Furlong: Yeah.
Jerry Story: The easement was created for my property because it was landlocked when the properties
were subdivided back in ’69 so, and they keep saying it’s not inclusive but it is inclusive because it was
created for my property and you can’t get to any other properties from that easement except to my
property so in my opinion that’s inclusive. And state law says that a landlocked property has dominant
possession of the easement. Not the land owner. I’m the dominant. She’s the serbiant. Serviant, I’m
sorry.
Mayor Furlong: And help us understand what this subdivision is doing that is going to, you said it isn’t
going to obstruct your use of that easement so where is the, where is the, what with your right to access
your property through that easement, if that’s not going to change. If that’s still going to be available,
help us understand where the problems are.
Jerry Story: Well for 23 years no one’s ever driven down there until Mrs. Carlson started driving down.
Mayor Furlong: Okay.
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Chanhassen City Council – October 13, 2014
Jerry Story: I would like to maintain that. Why should, now four other cars, four other properties be able
to drive down the driveway that I maintain. It’s ridiculous. It’s, my deed says there should be no
encumbrances and to me that’s an encumbrance. And it’s going to devalue my property.
Mayor Furlong: Well the underlying property, if I’m mistaken Mr. Knutson. Does the underlying
property owner of the easement, that’s still the property owners, right?
Roger Knutson: There’s a fee owner and the easement owner.
Mayor Furlong: Fee owner. So the fee owner still has use of that property as long as they’re obstructing
the easement owner from their easement.
Roger Knutson: That’s correct.
Mayor Furlong: Which is the access.
Roger Knutson: That’s right.
Mayor Furlong: Okay. So they couldn’t plant a tree in the middle or somehow obstruct Mr. Story’s
ability to access his property.
Roger Knutson: That’s correct.
Mayor Furlong: Okay. But I mean, I’m not an attorney. I’ve successfully avoided becoming one in my
life but if you still have access to your property.
Jerry Story: I don’t have a problem with having access.
Mayor Furlong: I’m trying to understand what this subdivision does.
Jerry Story: I’m having a problem with, if I’ve got one bad neighbor and what if I get four bad
neighbors?
Mayor Furlong: Well, okay. From our standpoint, and again I’ll defer to the attorney. What we’re
looking at here as the city council is, is a subdivision request.
Jerry Story: Yes.
Mayor Furlong: In looking at it does it meet our ordinances and is it consistent with the Comprehensive
Plan and are there reasons why if for example this subdivision, part of the condition, or the components of
the subdivision were obstructing your private access. Access to your home through your private
easements, I think that would be something that we would consider and so that’s why I’m trying to focus.
I mean yes there will be four property owners versus one but from a standpoint of what the City Council’s
looking at in terms of the subdivision request, that’s what I’m trying to focus on here tonight so that’s
where I’m looking for help there.
Jerry Story: Well the other thing is, is building a retaining wall right, their first plan was to have it right
up against the easement and what about my grandkids?
Mayor Furlong: Well and I guess.
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Chanhassen City Council – October 13, 2014
Jerry Story: They’re going to fall down a 12 foot embankment?
Mayor Furlong: That was a question that we raised earlier and I think city staff is saying there has to be
some barrier there and that will be part of the review process with the grading plan. To take a look at that
exact issue.
Jerry Story: And they put that house on their first drawing right up against the easement. Where are we
going to put the snow? Where are you going to put the snow? Is that why you did the setback? To give a
10 foot setback from the easement.
Kate Aanenson: Mayor, members of the City Council.
Mayor Furlong: Yes.
Kate Aanenson: If we were to vacate this, if Mrs. Carlson was to say you know I give this property to the
two property owners to the north, the subdivision would look the same. There’d still be a retaining wall
there. There’d still be some sort of barricade because the shape of how those lots are.
Mayor Furlong: Because of the topography.
Kate Aanenson: Right so, I’m just trying to separate those two issues a little bit. I think there’s just some
concern of control of that easement and that’s something that’s outside of our control.
Mayor Furlong: Understand. Okay. So I think what I understand Mr. Story is, and Ms. Aanenson
correct me if I’m wrong, that we recognize that there’s a 14 foot easement there and that there will need
to be because of the topography a retaining wall running along side.
Kate Aanenson: Correct.
Mayor Furlong: Question is how far away so that there can be an appropriate barrier there. 10 feet may
or may not be the right distance and what I think Ms. Aanenson is requesting, it’s up to the council to
approve or not, but to work with the developer to find what’s an appropriate distance because that’s still,
that’s still their property and so to come out further into their property. Now you’re impeding upon their
property rights as well.
Jerry Story: Yes, I understand.
Mayor Furlong: So that’s why it’s all trying to find that right balance as you know and I think what Ms.
Aanenson is saying is, let’s look at what’s a distance away from the easement necessary, and the existing
driveway. Just because the easement’s there, if the, depending on the location of the driveway within the
easement, you may not need any distance at all. There may be some other ones. It looks like there’s
some area where the driveway comes outside so all that has to be part of the discussion.
Jerry Story: The problem is, is I never get any consideration to even negotiate with them. They decide on
their own what to do and they never take my suggestions at all.
Mayor Furlong: Okay. Alright.
Jerry Story: Why shouldn’t I have a little bit of negotiating power here?
Mayor Furlong: Well.
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Chanhassen City Council – October 13, 2014
Jerry Story: What’s the harm of putting something in this to protect the integrity of the easement?
What’s that harm?
Mayor Furlong: Put something in the conditions here?
Jerry Story: And the planning report.
Mayor Furlong: I think with the, as I understand it from the staff report and the planning that clearly
there is consideration of that easement along there and dealing with the barrier of some form for the issues
that you’ve mentioned.
Jerry Story: Okay.
Mayor Furlong: With regard to negotiating with the property owner, people are free to negotiate as much
or as little as they want and again what we’re looking at from the City standpoint is the subdivision
request. Does it meet the ordinances? Does it meet our Comprehensive Plan and does there need to be
some relief for some of the ordinances because of the uniqueness of the property?
Jerry Story: So I get no consideration at all?
Mayor Furlong: I didn’t say that. I think consideration of your private easement across the property has
been considered.
Jerry Story: Okay, thank you.
Mayor Furlong: Alright, thank you.
Councilwoman Ernst: Mr. Mayor, a question?
Mayor Furlong: Yes, Councilwoman Ernst and then we’ll certainly accept more public comment as well.
Councilwoman Ernst: Kate can you, in regards to the comments that were made regarding the
consideration and the language in the report, can you kind of spell that out? Where that is and what it is?
Kate Aanenson: Well, I can’t agree to, I don’t have the authority to negotiate a private easement. What
we did try to put in the staff report, we did try to put a condition in there that tried to limit, because all
those lots have access off of Bretton Way but Outlot 2 does need to have access off that private drive so
we did try to make some awkward attempt at that and I’ll let the city attorney address whether or not
that’s legal or not but we did try to put a condition in there and I did find it on page 285 of your staff
report.
Mayor Furlong: Thank you.
Kate Aanenson: It talks about that the neighbors try to work together to clarify that. The easements but
again we have no control over that but we did ask, and that was put in the conditions of approval. It’s
probably a little awkward and maybe let the city attorney address whether or not but it was just trying to
clarify maintenance and use of that easement.
Councilwoman Ernst: Okay.
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Chanhassen City Council – October 13, 2014
Roger Knutson: I think the language in condition 4 is appropriate.
Councilwoman Ernst: In the 285?
Roger Knutson: It says.
Mayor Furlong: Thank you. Go ahead.
Roger Knutson: The easement must assure that the property owner of Lot 2 has access to the property.
Mayor Furlong: To their property via this easement.
Roger Knutson: Yes.
Mayor Furlong: Thank you.
Councilwoman Ernst: I just don’t know if that, if that addresses the integrity that he’s talking about.
That’s my question and maybe I need to know what he means by integrity.
Jerry Story: Well…
Mayor Furlong: If I could have you come back up to the microphone so we can hear you at home and on
the recording, thank you Mr. Story.
Jerry Story: It’s snow removal. It’s coming and going. Today we came home from an eye appointment
and Ms. Carlson was in the driveway, stopped on top of the hill. She moved but she wasn’t too quick
about moving.
Councilwoman Ernst: So does that mean you were not able to get to your house then from there?
Jerry Story: Well I had to wait til she got out of the way.
Councilwoman Ernst: So.
Kate Aanenson: I can only guess that happens on other occasions with the other properties too.
Councilwoman Ernst: Yeah.
Kate Aanenson: I guess that’s why we were trying to clarify with property number 2 who does have
access rights, that they try to work together. We can’t you know just so there’s understanding of
maintenance. We’ve been trying to work on this issue for 9 months and I’m not sure that we can solve
those problems. The parties that have.
Mayor Furlong: It’s still a private.
Kate Aanenson: The parties that have an interest have to solve the problem.
Mayor Furlong: Right. Okay. Does that answer your question?
Councilwoman Ernst: Yeah, and the snow removal I mean the City.
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Chanhassen City Council – October 13, 2014
Kate Aanenson: Those are the parties that have interest right. The City doesn’t plow it and maintain it,
correct.
Councilwoman Ernst: Okay.
Mayor Furlong: Alright, thank you.
Jerry Story: And the fact that I’ve owned it for 23 years and no one’s ever used it ever. Until recently.
Mayor Furlong: Okay. Sir, did you have public comment as well?
Robert Rabe: I’m Robert Rabe and I live at 6305 up there. And I’ve learned there for 22 years and so
there are a few things, and we talked about you know some of them. I do intend to preserve all of my
current rights for that easement certainly and it does give me access to the back part of the lot. If you
look there’s that key, right. So indeed.
Kate Aanenson: This is your house and your lot.
Robert Rabe: Right, exactly.
Kate Aanenson: So that easement goes all the way to that.
Robert Rabe: Correct.
Kate Aanenson: To the terminus.
Mayor Furlong: To your back property line?
Robert Rabe: Correct.
Councilman Laufenburger: Actually Mr. Rabe, do you have access to the entire length?
Robert Rabe: Correct.
Councilman Laufenburger: Or only to the end of your property line.
Robert Rabe: I’d have to read the easement again. Certainly to the end of the property, my property line.
Councilman Laufenburger: As far as you would need to go.
Robert Rabe: Correct.
Councilman Laufenburger: I mean the only reason you would need to go onto the easement farther is if
you were perhaps driving to visit Mr. Story.
Robert Rabe: Right. I don’t know that for sure. I don’t have any idea.
Councilman Laufenburger: Okay.
Robert Rabe: It would seem likely it stops at some point. At about the property line. I don’t know that.
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Chanhassen City Council – October 13, 2014
Councilman Laufenburger: Okay.
Robert Rabe: I can check. Let’s see, we mentioned that the house is very, that house number 1 is very
close to the easement. I think we’re all in agreement that that’s too close if it’s not given a variance to
move to the south.
Councilman Laufenburger: Do you, excuse me Mr. Rabe.
Robert Rabe: Yep.
Councilman Laufenburger: Does this picture that’s on the screen, does this depict where the house is
right now?
Robert Rabe: The house right now? Naomi’s house?
Councilman Laufenburger: Yes.
Robert Rabe: No.
Councilman Laufenburger: Okay.
Robert Rabe: Naomi you’d have to indicate where that is exactly. No, there’s no home there now.
Kate Aanenson: Yeah I’d have to look at there’s an underlying one here. I mean there’s a property here.
Robert Rabe: Right. It’s down.
Kate Aanenson: It’s down so that’s where this would slide to.
Councilman Laufenburger: Oh, okay.
Kate Aanenson: This is a registered land survey. That’s why it’s showing that as a separate lot. It would
slide down.
Mayor Furlong: And I think for clarification there, what I heard earlier is the City doesn’t have any
setback, as part of our ordinances we don’t require any setbacks from easements but in order to provide
opportunities what’s being recommended by the staff and was approved, recommended by the Planning
Commission was to provide a setback along Bretton Way, is that correct?
Kate Aanenson: That’s correct.
Mayor Furlong: A variance. A reduced setback requirement along Bretton to provide that flexibility but I
think there’s still, I mean even the property outside of the easement is their property and so if there’s no
setback requirement within our ordinances for us to require that I think would be beyond. What we can
do is provide relief so that they can move the property, or that home.
Robert Rabe: So is the baseline plan to move the house farther to the south?
Kate Aanenson: Yes.
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Chanhassen City Council – October 13, 2014
Mayor Furlong: What’s our ordinance requirement Ms. Aanenson with regard to location of homes
within, is it buildable area or just as long as it’s within the setbacks?
Kate Aanenson: As long as it’s within setbacks. If you look at this lot you can see this is the envelope
that it could go into but what they’re requesting is to slide it down closer over here.
Councilman Laufenburger: So this picture does not depict?
Kate Aanenson: That’s correct.
Councilman Laufenburger: What’s going to happen.
Kate Aanenson: That’s correct.
Councilman Laufenburger: This picture, what does this picture depict?
Kate Aanenson: This meets the setback requirements but it’s not desirable.
Councilman Laufenburger: Okay. So this is what the setbacks would require and I’m looking at the area
to the south of this picture. That’s what would be 20 feet would be required.
Kate Aanenson: I don’t know do you have a drawing of the, of that lot with the revised?
Mayor Furlong: And just for clarification, all I’m saying is, and I’m in favor of the setback relief for
exactly the reason that you’re commenting but I’m also recognizing that this will be somebody’s property
and that as long as they’re within the city setback ordinances, if they wanted. If they didn’t want to take
advantage of that relief, they wouldn’t have to. Is that fair?
Kate Aanenson: Correct.
Robert Rabe: So at what point does that get determined?
Mayor Furlong: Well tonight we’re going to be considering whether we give relief or not. If we didn’t
give relief, which I would be in favor of giving relief. If we didn’t give relief then they’d have to fit it
within the, if you can show the dashed lines there. Where that building kind of sits right now.
Kate Aanenson: Yeah. Yeah.
Mayor Furlong: So we’re.
Kate Aanenson: That’s the building envelope.
Mayor Furlong: What staff is recommending, and then highlight that line there Kate? Ms. Aanenson,
where the relief would come from.
Kate Aanenson: Sure. So they’re moving it down.
Mayor Furlong: It’s along that one.
Kate Aanenson: And the developer stated that’s their desire to move it down that way.
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Chanhassen City Council – October 13, 2014
Mayor Furlong: Okay.
Kate Aanenson: So it’s a better lot so, yeah. I don’t think if they were given that relief that they wouldn’t
use it. Yeah.
Robert Rabe: Currently there’s no building right up against the easement though.
Kate Aanenson: Correct.
Robert Rabe: Okay.
Kate Aanenson: Yeah.
Robert Rabe: So then assuming that the variance is given, is it essential or mandatory that that be
followed or could they stay.
Kate Aanenson: Well that’s what I was just saying. It’s their desire to move it away from the road right-
of-way. It makes a better lot. A better driveway and…
Robert Rabe: So it’s binding then once it’s approved?
Mayor Furlong: No.
Kate Aanenson: No.
Mayor Furlong: No, it’s not binding.
Robert Rabe: So the builder could still choose to move it back. And at what point, how does it get
determined then with all this discussion you’d think there’d be some resolution.
Mayor Furlong: Well, with regard to the location of the building on that lot?
Robert Rabe: Right.
Mayor Furlong: What’s being recommended by staff and the Planning Commission is that the, is that we
approve relief so that they, that setback from Bretton Way is reduced so that they can move the property.
Robert Rabe: Right.
Mayor Furlong: Which from Ms. Aanenson’s comments is their expectation at this point. But they’re not
required to do that and as long as they meet the setback requirements of the city. Now could they build
within the easement? No because that would likely obstruct the access of use.
Robert Rabe: Alright. So but the plat approval would show the house in the new location.
Mayor Furlong: Does the plat include the house?
Kate Aanenson: When they come back for final plat we’ll have better identification of kind of the
retaining wall and where that’s going to sit and that will give them a better idea but they, they’re asking
for the variance because that’s what they believe desires a better lot. They wouldn’t be asking for it if
they didn’t think that would…
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Chanhassen City Council – October 13, 2014
Robert Rabe: There are two people involved here. Two parties right?
Kate Aanenson: Correct, there’s the builder too.
Robert Rabe: Right.
Kate Aanenson: But I think they’re, they know what makes a good, sellable lot. That’s why they’re
asking for the relief.
Robert Rabe: But it’s, there’s no builder present.
Kate Aanenson: That’s correct.
Robert Rabe: So it would seem that it would be a binding agreement. Once we have this much
discussion about it, thought and planning but.
Mayor Furlong: What we can do is provide relief if there’s a practical difficulty. Is that correct standard
Mr. Knutson? If the council so chooses to provide that variance, that relief through the variance process.
Robert Rabe: Just trying to be clear.
Mayor Furlong: Right.
Robert Rabe: So then should the builder decide not to take advantage of it then we’re right back here
again? Is that right?
Mayor Furlong: Mr. Knutson first.
Roger Knutson: Mayor, members of the council. The variance, if approved, gives them the right to build
it in the area shown by the variance.
Robert Rabe: Right.
Roger Knutson: They also have the right under the ordinance to build it anywhere our ordinance allows
them to build it.
Robert Rabe: Right.
Roger Knutson: They don’t have to use the variance but every indication is they intend to and will use it
but are they legally required to use it? No.
Robert Rabe: Right, I understand. But we’re here discussing the approval of the plan based on some
assumptions so should the assumptions assume that they do build it with the variance or that they do not
build it with the variance? What assumptions do we?
Roger Knutson: We assume they’ll build with the variance or they’re required by the zoning ordinance.
We don’t dictate which they have to do.
Robert Rabe: No, I’m not asking that. Right.
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Chanhassen City Council – October 13, 2014
Roger Knutson: We’re not making any assumption.
Robert Rabe: So then we should take a more conservative approach which would be that that would not
be, excuse me, an attractive building site. Because they could build it there, right. So then we would not
want to favor the approval based on that.
Roger Knutson: But that would not be a basis for turning down a subdivision if they meet all the
requirements for a subdivision.
Robert Rabe: But that’s why we’re here.
Roger Knutson: The question is, do they meet requirements of the ordinance.
Robert Rabe: Well not just right? But it is one items.
Roger Knutson: Do they meet the ordinance? Do they meet ordinance requirements?
Robert Rabe: I agree but it’s not the only consideration because that’s why we’re here.
Roger Knutson: No. That’s why we’re here to determine whether they meet ordinance requirements.
Robert Rabe: But they already do so why have a discussion?
Roger Knutson: But the City Council hasn’t made that decision yet.
Robert Rabe: Okay. So then the other items. I’m not sure if, does an easement mean they have, the new
property owners have access via vehicle or that they just have access? Do we know? In other words does
access mean they can walk from their property up on the easement or does it mean they have to be given a
vehicle access? Any idea?
Roger Knutson: I have copies of their easements and I believe they’re intended to allow vehicle access.
Robert Rabe: Yeah I don’t know, right. Okay.
Roger Knutson: But whatever the easement say, the easements, we cannot enlarge or subtract from those
easement documents. Those are property rights that are there.
Robert Rabe: Yep, makes sense. The property region that has that second lot extension, as Jerry said it is
about as steep as a stairway and about as high as the ceiling here probably and it’s directly adjacent to my
house and I’ve maintained it for you know a long time and so it’s probably an impediment. It’s probably
a problem and I don’t know what to do next about it necessarily but we probably should contemplate it.
And kind of a similar item is with regard to the point where the easement hits Teton. Moving that paved
area into the area that’s not paved currently is not attractive so it’s been there probably 40 years. I don’t
know. So that’s another area that we’ll have to discuss and then of course as Jerry’s mentioned, making
sure that the easement is still granted and in force with all the property owners is going to be really
important. I don’t know what process. How does that actually happen? What occurs to make sure that
that is in place?
Mayor Furlong: Mr. Knutson.
Roger Knutson: The easements are of record.
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Chanhassen City Council – October 13, 2014
Robert Rabe: Right but after the new.
Roger Knutson: They’ll remain of record.
Robert Rabe: What’s that?
Roger Knutson: They will remain of record. They can’t be extinguished without the, without your
approval.
Robert Rabe: So are there no, what’s the process though?
Roger Knutson: There is no process.
Kate Aanenson: He’s asking can they be re-negotiated.
Roger Knutson: Oh you can.
Kate Aanenson: All the parties that have an interest in it could.
Roger Knutson: Could sit down and re-negotiate something if there’s an agreement, sure.
Robert Rabe: So that I think has to happen right?
Roger Knutson: No.
Robert Rabe: So what, there must be some process because it must be a new easement.
Roger Knutson: No, there is no new easement. The easement is of record. It’s there. It continues.
Robert Rabe: So the existing description just gets amended or attached to each of the properties? Is that
how it goes?
Roger Knutson: It will, their deeds will have to be subject to these easements. The easements are of
record and without your approval they cannot be amended. Those easements are permanent.
Robert Rabe: And so I’m just not aware. So each of the properties will have a deed. It will have a legal
description. Does the language of the easement just get basically cut and pasted right into every one of
those? Is that how that goes?
Roger Knutson: Yes.
Robert Rabe: Okay without any change whatsoever.
Roger Knutson: Correct.
Robert Rabe: Okay.
Kate Aanenson: But another option could be, the underlying property owner or the new owner if it got
sold could meet with the two other interested parties and construct.
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Chanhassen City Council – October 13, 2014
Roger Knutson: They can amend it.
Kate Aanenson: Amend it.
Robert Rabe: And does the City get involved in that in any way?
Roger Knutson: No.
Robert Rabe: Not. Okay. Okay. I have concerns but.
Mayor Furlong: Mister, help me understand. You’ve mentioned the northern most parcel of Lot 2.
Robert Rabe: Right.
Mayor Furlong: And I think you used the word impediment but I want to understand if there are any
aspects of this subdivision that they fail to meet the ordinance or?
Robert Rabe: Right. So if you were standing on my back steps it would be what, roughly where that
bench is right there.
Mayor Furlong: Okay. That’s where the property line is?
Robert Rabe: For the bump out.
Kate Aanenson: Yeah.
Mayor Furlong: Okay.
Kate Aanenson: Yeah.
Robert Rabe: And on that property section, is that a pump house that was? I think that’s why it was
made like an aberration.
Mayor Furlong: Okay.
Robert Rabe: Because that pump house has a well that supplies the big barn building down below I
believe. That’s right, right Naomi?
Naomi Carlson: Just a little cottage.
Robert Rabe: Okay. And so that pump house is right there and it’s you know a story tall and it’s kind of
cute and all and so I paint it and I you know keep the animals out of it and stuff like that and I have done
so for 22 years so to have another property right there, which is uphill about that distance is going to be
problematic. I mean it will just be inherently problematic so it needs attention.
Mayor Furlong: Mr. Rabe?
Councilman Laufenburger: Mr. Mayor?
Mayor Furlong: Mr. Laufenburger.
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Chanhassen City Council – October 13, 2014
Councilman Laufenburger: Mr. Rabe, so this pump house that you’re describing that you’ve painted, that
you’ve kept the animals out, is that on your property?
Robert Rabe: Not officially. It’s on, it’s in my back yard.
Councilman Laufenburger: But is it on your property?
Robert Rabe: No. It’s within that extension.
Councilman Laufenburger: So it belongs to, right now it belongs to Ms. Carlson.
Robert Rabe: Correct, yep.
Councilman Laufenburger: Thank you.
Robert Rabe: But it’s not a usable parcel for the person in house number 2.
Councilman Laufenburger: But isn’t that really the determination of the owner of the lot number 2?
Robert Rabe: Depends I guess, right. Whether you want a harmonious neighborhood or not, kind of. I
mean it’s not wise to plan a neighborhood that might lend itself to a difficulty. It’s just not smart. Plus
it’s really unhandy. I mean it’s so far away and higher than the house so.
Mayor Furlong: Okay. Councilwoman Tjornhom.
Councilwoman Tjornhom: Could I just ask then what your solution would be to that piece? That parcel
you’re just talking about.
Robert Rabe: I do have some thoughts. I guess I wouldn’t rather not state them on record but I think they
can be addressed. I don’t know who to take it up with though. Is it with Naomi or is it with Ben or the
City or how?
Mayor Furlong: Well depending on what the thoughts are and not being able to read your mind I think
what’s being asked for the council this evening is to consider preliminary approval of this subdivision so
if it’s an issue that the City needs to consider with regard to the subdivision, now would be the
opportunity.
Robert Rabe: Okay.
Mayor Furlong: If it’s an issue with the current property owner, you can do that at any time.
Robert Rabe: Okay, I did talk to Bob Generous but it wasn’t clear what the right approach would be so
Ben and I talked a little bit about the access to Teton being moved which is highly unattractive to me. It
encroaches on trees. It’s you know different lot setting, etc. It’s kind of a green space right there and I
need it for a buffer against a new house in a large sense but I.
Mayor Furlong: And I’m sorry, just for clarification. Are you talking about the same northern part of Lot
2?
Kate Aanenson: No, he’s talking about the driveway right here.
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Chanhassen City Council – October 13, 2014
Mayor Furlong: Okay. Okay.
Kate Aanenson: It’s not inside the easement area.
Robert Rabe: Right.
Mayor Furlong: Okay, so the portion that’s outside the easement.
Robert Rabe: Correct.
Mayor Furlong: Okay.
Robert Rabe: So the road has been over to the left by 10 feet for 40 years and it’s just really unattractive
to move that up. The land where, like we’ve been talking about for the bump out is really high and not
accessible. And there’s a hedge row in there and everything. The land to the east of there, there’s a steep
grade down is lower so I think there could be an arrangement where part of that, keeping the same square
footage is taken away from the top of the hill with his proximity and moved down, which would be more
usable because it’s got the right grade.
Mayor Furlong: Are you recommending a change in the property ownership and the lot lines?
Robert Rabe: Moving of the lines maybe.
Mayor Furlong: Okay. And Mr. Knutson if there was an issue of moving lot lines would that be a private
matter? That wouldn’t be an issue that we could deal with this evening, correct?
Roger Knutson: If you want to move a lot line it needs approval of the city.
Mayor Furlong: But it would, it would.
Roger Knutson: We’re not dealing with that.
Mayor Furlong: We’re not dealing with that tonight.
Roger Knutson: No.
Mayor Furlong: That would be a separate application.
Roger Knutson: Yes.
Mayor Furlong: And something that would come from the property owners.
Roger Knutson: Yes.
Robert Rabe: So it would be a more valuable arrangement for lot number 2 because that is kind of a
usable region whereas the top of the hill is really not. But I don’t know again how to tackle it.
Kate Aanenson: So the impact’s on taking off the, the top hat. The chimney on Lot 2 is that it’s 65 by 42
so it’s like 2,700 square feet. That’s what I talk about it impacts the area of the Lot number 2.
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Chanhassen City Council – October 13, 2014
Mayor Furlong: But if there was, and I’m just saying here that, that’s got to be something negotiated or
discussed and agreed to among the property owners, doesn’t it?
Kate Aanenson: Right. Yeah he’s got, he had talked to Bob. There’s some things that he can do to work
through to resolve that. To still keep that property intact so there’s some options that we can do
administratively.
Mayor Furlong: With the property owners and work with the property owners.
Kate Aanenson: That’s correct. That’s correct. And still maintain this whole lot so.
Todd Gerhardt: Kate they need it for impervious surface too.
Kate Aanenson: Correct. Yep. So he would still maintain that area but it could be accommodated a
couple different ways so which is his objective, which I understand is because he’s looking right at it. So
he’s saying if I could make that go further to the east.
Robert Rabe: Correct. And that.
Mayor Furlong: But that would be something that is not part of the subdivision before us this evening.
Kate Aanenson: That’s correct.
Mayor Furlong: And it would be something that would be negotiated and discussed among the property
owners.
Kate Aanenson: Correct.
Mayor Furlong: First.
Kate Aanenson: First.
Mayor Furlong: And then if the property owners were in agreement, the City could perhaps
administratively. Hopefully administratively.
Kate Aanenson: That’s correct. That’s correct. Throw something out.
Mayor Furlong: Could work and help support the property owners.
Kate Aanenson: That’s correct.
Robert Rabe: And so that would be in concert with the point at which the easement hits Teton Lane also.
Kate Aanenson: Something to work through, yep.
Robert Rabe: I mean just in general.
Kate Aanenson: Yeah.
Robert Rabe: Yeah, I appreciate it. Okay. I think that’s it.
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Chanhassen City Council – October 13, 2014
Mayor Furlong: Okay.
Robert Rabe: If there’s any question for me feel free to call.
Mayor Furlong: Okay.
Robert Rabe: And then so when we say property owners, it’s kind of in flux right now. Who are the right
people? Naomi?
Kate Aanenson: Well the current owner would have to turn over the rights to the future owner so you
kind of have both to negotiate with.
Robert Rabe: Okay. Okay, thank you.
Mayor Furlong: Alright, thank you. Is there anyone else that would like to provide public comment this
evening? Okay, thank you. Let’s bring it back to council then for any follow up questions. Or
comments. Any thoughts or comments on this? Otherwise I can start with just a couple and see if
anybody wants to add. I think as I started out we’re dealing with a property here that is non-conforming.
It’s zoned for residential but it’s clearly not a residential use and that has caused some challenges for the
neighboring properties and I know there’s been many discussions here at City Hall as well trying to work
with the property owners to try to come up with ways that, to find that right balance as I mentioned
before. To me this subdivision is the best alternative to finding ways to illuminate some of the challenges
that have existed before. I think we’ve spent a lot of time talking about easements. There are clearly
property rights along, within that easement line that are owned by the properties to the north and the key
here from my standpoint is to make sure that this subdivision doesn’t infringe upon those rights. Might it
change the way the easement or the property is used from where it has been before? Perhaps. That may
happen but as long as there isn’t an obstruction to the access easement, I think that’s clearly the decision
in front of us this evening. I do appreciate staff’s willingness to work with the property owners and see if
there can be some accommodations with regard to Lot 2. The driveway access but again you know the
easement provides rights outside that easement. The rights are limited or nonexistent so I think when I
look at this, the variance requests are reasonable and appropriate because of the uniqueness of this
property and are helping from a public benefit standpoint the elimination of a non-conformity of this
property currently so all things considered, and there are many things to consider. It seems to me that this
is an overall win for everyone concerned. It may not be perfect. It may not be exactly what everybody
might want the property to do but ultimately we’ve talked a lot about property rights this evening and the
property owner has a right to develop their property and subdivide it within the ordinances. That’s what
we’re looking at here this evening and I think it has been a challenge to get to this point and I thank
everyone involved. The developer. Property owners. The neighbors. The staff for slugging through this
and trying to make sure that we get, in the end four new homes. Four new families. Four new neighbors
that are going to be coming into this neighborhood and being a part of the city of Chanhassen and that’s
what I think long term the positive that we’re looking at so from my standpoint I want to thank everybody
for their involvement but also recommend to the council that we do move forward with this as being
recommended by staff and the Planning Commission. Though certainly I’d be open to other comments as
well. Mr. Laufenburger.
Councilman Laufenburger: Thank you Mr. Mayor. I would agree. I think this is good news for the
neighborhood. I do support the variances and I think it’s important just a comment on future presentation
Kate. The screen that I’m looking at right now, I believe that the dot dash line that we see in Lot 1.
Kate Aanenson: Oh here.
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Chanhassen City Council – October 13, 2014
Councilman Laufenburger: Yeah. The dot dash line that, there. That line. That is the line that depicts
the setbacks required with current ordinances, is that correct?
Kate Aanenson: That is correct.
Councilman Laufenburger: Yeah. It would be nice to have a little red line that moves that bottom line
down 10 feet to show okay this then becomes the envelope. The buildable area and the truth is once we
approve the variance, which I do support, then the builder can build anywhere within that, is that correct?
Kate Aanenson: That’s correct.
Councilman Laufenburger: Okay, so I think that perhaps might have provided a little clarity for Mr. Rabe
when, with his question so that’s just a thought for the future.
Kate Aanenson: Sure.
Councilman Laufenburger: And just the last thing, and this is I’m probably out of bounds in saying this
but, I don’t think we can ordinance harmony in the neighborhood. I don’t think that’s a, it doesn’t mean
it’s not a responsibility but I think the primary responsibility for harmony in the neighborhood lies with
those in the neighborhood so as much as I listen to and hear the dissonance that is created, I think that this
step on the part of the owner to subdivide for residential lots, I think there’s a great opportunity for
incredible harmony in the neighborhood and I think that’s probably what the owner and the developer is
looking for. And then one last question Ms. Aanenson. You described this current usage of this lot as
non-conforming. Legally non-conforming, is that the right term?
Kate Aanenson: That’s correct.
Councilman Laufenburger: What action on the part of the City, if anything, made this a legally non-
conforming lot?
Kate Aanenson: When we rezoned it to residential.
Councilman Laufenburger: And when did we do that?
Kate Aanenson: In the staff report it was in 1986.
Councilman Laufenburger: So there’s nothing that this property owner has done to earn the scorn of the
City that they don’t have residential lots there because what they, they built the lot in accordance with the
zoning that was in place when they built it.
Kate Aanenson: That’s correct.
Councilman Laufenburger: Alright, okay. So thank you Ms. Aanenson. That’s all I have Mr. Mayor.
Mayor Furlong: Thank you. Any other thoughts or comments? Councilwoman Tjornhom.
Councilwoman Tjornhom: Mr. Mayor, I remember one of my first times on council, I won’t talk about
how long ago, sometimes some city businesses like making sausage you don’t always want to know how
it’s done but you hope that it turns out well in the end and I think this is a perfect example of what you
explained to me. I think we have a parcel that was non-conforming and way back in it’s time it served it’s
purpose. I believe it was a farm and then also housed or housed people maybe or it was businesses.
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Chanhassen City Council – October 13, 2014
Small businesses so it did have a purpose there and now I think it’s kind of come full circle where now
it’s going to become residential and I believe harmony will be found once that does happen but it just, it’s
going to take a while to get there. It’s going to take a lot to get through those growing pains and you
know a lot of those growing pains come from the unknown and some of those unknown elements
obviously are the easements. These are binding easements that you have that you’ve privately used this
property for years and years and so hopefully within time everybody will become comfortable with how
everything will turn out when it comes to the use of these easements. That everyone will still have
reasonable access to their property and let’s hope that at one point all these four houses will use these
easements to go visit each other and be a neighborhood. I don’t know when it’s going to happen but I
have a, I’m optimistic that at one point this will happen. And so I too am in favor of the variances and I
really do look forward to seeing how everything turns out and I look forward to maybe National Night
Out 2 years from now checking it out and having a glass of lemonade with everybody so thank you.
Mayor Furlong: Thank you. Any other comments?
Councilwoman Ernst: Sure.
Mayor Furlong: Councilwoman Ernst.
Councilwoman Ernst: So it’s sounds based on all the information that I’ve heard tonight that some of the
neighbors really got caught up in a change that happened some time ago and were, it basically was out of
their control but I’m hoping that the neighbors can collaborate and work together to figure this out and it
sounds like staff is willing to work with the neighbors once there’s some consensus there and hopefully
move forward. That’s all.
Mayor Furlong: Thank you. Appreciate everybody’s comments and again thank you to everybody that’s
been involved in this. It’s been a challenge for all concerned and I know that but we’re grateful for the
work that you’ve done because of the comments that you’ve heard tonight. I think long term in the big
picture this is a great step forward for the neighborhood. As Councilwoman Tjornhom mentioned that
maybe some growing pains still as we go through the demolition and the construction but hopefully
everybody can work together for the greater good. With that I will certainly entertain a motion.
Councilwoman Tjornhom.
Councilwoman Tjornhom: I can do that. Mr. Mayor I’d like to make a motion that the Chanhassen City
Council approves the preliminary plat creating four lots, approves the hard cover variance of Lots 1 and 3
of 7.4 percent and 3.2 percent respectively as well as the front setback variance for Lot 1 of 10 feet (20
foot front setback on Bretton Way). Subject to the conditions of the staff report and adopts the Findings
of Fact.
Mayor Furlong: Thank you. Is there a second?
Councilman Laufenburger: Second.
Mayor Furlong: Motion’s been made and seconded. Is there any discussion on the motion? Hearing
none we’ll proceed with the vote.
Councilwoman Tjornhom moved, Councilman Laufenburger seconded that the Chanhassen City
Council approves the preliminary plat creating four lots, approves the hard cover variances for
Lots 1 and 3 of 7.4 percent (32.4% hardcover) and 3.2 percent (28.2% hard cover respectively), as
well as the front setback variance for Lot 1 of 10 feet (20 foot front setback on Bretton Way),
subject to the following conditions and adoption of the Findings of Fact:
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Chanhassen City Council – October 13, 2014
Subdivision with setback and hardcover variances:
Building:
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.
Engineering:
1. The easements per Documents T15149 and T17882 must be extinguished prior to final plat approval.
2. Prior to final plat submittal the developer shall coordinate with the gas company to verify the location
of the gas line. If the gas line is not within an existing easement the developer must provide and
dedicate the necessary easement or relocate the gas line to lie within an easement area in accordance
to CenterPoint Energy’s specifications.
3. The drainage and utility easements on the north side of Lots 1 and 3 can be reduced to 10 feet.
4. Any portion of the gravel surface on the north side of the property that is disturbed with this
development shall be paved.
5. It is the developer’s responsibility to coordinate access to the gravel surface with the affected
residents during construction.
6. The proposed retaining wall shall comply with the following:
a) A building permit is required,
b) The design shall comply with the Minnesota Department of Transportation standards for retaining
walls,
c) The drainage design for the wall shall consider the surface runoff that will sheet drain towards the
wall,
d) The wall crosses over property lines and therefore it shall be built in conjunction with the
subdivision and a homeowners association must be formed to own and maintain the wall,
e) An encroachment agreement will be required before the retaining wall building permit is issued if
the retaining wall is to be installed within the platted drainage and utility easement.
f) The developer shall ensure that the wall construction does not compromise the private sanitary
sewer service or the gas line in the area.
g) The developer shall install a barrier (fence, berm, landscaping or other barrier) between the
private gravel street and the top of the retaining wall.
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Chanhassen City Council – October 13, 2014
7. All driveways within the development shall meet the 10% maximum driveway slope. The developer
is encouraged to consider a driveway design that many homeowners desire which includes a landing
(typically 3%) at each end of the driveway (at the street and at the garage).
nd
8. Sewer and water services to each of the proposed four lots were installed by the Curry Farms 2
Addition developer; therefore, the sewer and water lateral fees do not apply.
9. Prior to final plat approval the developer shall identify which of the four lots will receive the City
SAC and City WAC credit.
10. The remaining three lots shall be subject to the City SAC and WAC, 30% of which will be collected
with the final plat at the rate in effect at the time of final plat approval.
11. All lots are subject to the Metropolitan Council Environmental Services Sanitary Access Charge
(MCES SAC), which is paid with the building permit.
12. A portion of the private sanitary sewer service to the home located on 6281 Teton Lane will encroach
into the platted drainage and utility easement; therefore, an encroachment agreement is required.
Natural Resources:
1. Tree protection fencing will be required at the edge of grading limits near any preserved trees. It shall
be installed prior to grading.
2. Trees required to be planted are as follows: Lot 1 – 5 trees, Lot 2 – 2 trees, Lot 3 – 4 trees, Lot 4 – 7
trees.
Planning:
1. The developer shall perform a phase I environmental audit on the property surrounding the
commercial building prior to recording the final plat.
2. The existing buildings on the property, including sheds, house and the long building must be
demolished prior to recording of the final plat.
3. A ten-foot building setback from the access easement (Doc. No. 14111 and 14055) is required.
4. The developer shall work with the neighboring property owners to clarify the use, permitted users and
maintenance responsibility of the easement. Specifically, the easement must assure that the property
owner for Lot 2 may access the rear of their property via this easement. The developer shall ensure
that the necessary easement is in place so that the future property owner of Lot 2 can access the
northern tip of the property. A revised easement document shall be recorded with the plat.
Water Resources:
1. The applicant shall either procure a drainage and utility easement over the entirety of the culvert or
they shall install a catch basin manhole in Bretton Way just west of the driveway for Lot 4 and tie this
into the existing public storm sewer system. In either event, the applicant shall model the conveyance
choice to assure adequate capacity and provide a safe and stable emergency overflow.
2. The applicant must provide clarification to resolve the disparate impervious surface calculations and
assure adequate volume reduction.
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Chanhassen City Council – October 13, 2014
3. The applicant shall provide infiltration/water quality volume adequate to address the volume
reduction requirements for the runoff from all impervious surfaces in the development.
4. The applicant must provide a detail of the rain gardens which is consistent with the recommendations
and requirements of the Minnesota Stormwater Manual before final plat approval.
5. The applicant shall provide a detailed planting schedule for the rain garden areas.
6. The applicant shall provide a hydrograph showing the duration of ponding is less than 48 hours and
shall reduce the ponding depth so the bounce does not exceed MN Storm Water Manual guidance or
correct the soils and demonstrate that they are commensurate with HSG A or B soils.
7. The side slopes into the rain gardens shall not exceed three horizontal feet for every one vertical foot.
8. Discharge velocities into the rain gardens shall not exceed four cubic feet per second or the applicant
shall provide scour calculations and adequate energy dissipation to assure erosion will not be an issue.
9. Pre-treatment shall be provided to minimize sediment deposition into the rain gardens.
10. Drain tile services must be provided to all properties that will flow from the back to the front of the
lot.
11. Erosion Control plan /SWPPP must include all elements required under Chapter 19 of City Code.
12. Engineer estimate of quantities for erosion control and sediment prevention, including those
necessary for final site stabilization, shall be provided and used to calculate escrow amount.
13. A Storm Water Management Utility fee estimated to be $9,168.00 shall be paid with final plat.
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
Mayor Furlong: Thank you everybody.
APPROVE CONTRACT FOR TH 101 ENVIRONMENTAL ASSESSMENT AND
PRELIMINARY DESIGN.
Paul Oehme: Thank you Mayor, City Council members. Let me bring up the power point presentation
here that I have. I’d like to maybe just go through a little bit of background on how we came to this point
for 101. Back in 2006-2007, if you recall the City entered into a contract with MnDOT and Carver
County to help fund the corridor study along 101 south of Lyman Boulevard. This was basically right
after 212 was constructed and at that time the City was concerned about you know when 212 came in the
additional traffic out in this area and the safety issues that were known at that time with the corridor so
that study was completed in 2007. Since then 101 has been improved from Lyman Boulevard down to
Pioneer Trail and actually back in August of this year that section of roadway was improved. This was
another joint project between Carver County, MnDOT and also federal funds were also available. Made
available for this project to make the improvements at that time. We took out steep curves. Blind
intersections. Straighten out the road as best as we can. We had neighborhood meetings associated with
that project and built it to a 4 lane design. We had a lot of residents and citizens concerned about the
project itself. The impacts to the boulevard or to the area with tree loss and how the alignment was going
to work. Since that time we’ve heard some really positive comments from the neighbors and others in,
that have commented back to city staff how well that project turned out. Just this year we started
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Chanhassen City Council – October 13, 2014
construction on the 101 river crossing project on 101 basically from Shakopee up to Flying Cloud Drive
in conjunction with another study with Carver County, the City and MnDOT to improve this corridor
section of 101 because it was flooding so we’re underway with building a new bridge. Removing the
causeway and improving the intersection of Flying Cloud Drive and 101 to make it more efficient and
plan for future development and growth in this area. And then also this year staff, we finished up a
corridor study and utility study along Flying Cloud Drive. The lower bluff area to see how feasible
utilities would be able to be brought out here. Economically too for potentially future development,
redevelopment of some of these properties down here and then also looking at land use in this area and
potentially changing some land uses along this corridor as well. Basically the impetus was for this project
was with the improvements on the transportation system in this area we’ve had a lot of comments. Staff
has had a lot of comments from residents and property owners about potentially redevelopment and
improvements to their property in conjunction with the improvements on 101. So with that the, again the
section of 101 north of Pioneer Trail shown here has been improved this year and obviously the river
crossing project is currently being improved at this time so the last section of 101 south of Highway 5 that
really needs improvement at this time is the section from Flying Cloud Drive up to Pioneer Trail. That
section of 101, we did preliminary study that back in 2007 again. You know here this drawing just kind
of shows you some of the challenges associated with improving this corridor to today’s standards.
Roadway standards. We have 15 miles per hour curves. Blind intersections. Steep grades going down
the bluff. About 13 percent. There is topography from the top of the bluff down to Flying Cloud Drive
is about 190 foot relief so there’s a lot of challenges to make there to make a roadway connection. And
then also the LRT trail is a poor connection. Blind trail crossing right now and how to make that
improvement or make that trail connection more safe. So we also preliminarily looked at safety
improvements. This drawing shows where some of the accidents have been along the corridor north of
Flying Cloud Drive down to, up to Pioneer Trail. When we studied the accidents the, you know 5 years
ago this had rated out to be you know 3 times severity rate was 3 times greater than the average roadway
corridor with the same amount of traffic comparatively so we do notice that there is a lot of problems with
accidents in this area, especially kind of run off the road type of accidents or poor shoulder accidents.
Things that can be changed with geometric changes and upgrades to the roadway. Here is just showing
you one of the hairpin turns by the nursery on 101 looking north so. So staff is looking at trying to make
improvements and the City to 101 and prepare ourselves for improvements in the future. Best position
that the City for those future improvements so we think the benefits to making improvements at this time
would be to improve the safety of the corridor. Improve regional connectivity along 101 since this is kind
of the last piece of roadway that has not been improved and plan for future growth not just in Chanhassen
but in the area too. We anticipate this roadway section to take a lot more traffic in the future. So we did,
the study that we’re currently considering, we’d like to consider some of the objectives that we would like
to look at would be identify preferred build alternative. That would include looking at you know again
continuity of the corridor. Building to a 4 lane design. Gain local support for the project. We’re going to
plan to have several neighborhood meetings and meet with individual property owners, especially the
ones impacted along the corridor. Obtain environmental approval. General and approve a layout for the
roadway and then develop and document right-of-way needs along the corridor as well so we’d like to,
after the study try to officially map this corridor so landowners and people know that you know if and
when the roadway comes, when it comes that this is the footprint that it’s going to take so finishing up
this study would allow us to compete for future funds. Not just say federal funds but then also state funds
if they potentially become available because any time we have a project that’s more or less shovel ready
we always have a, stand a better chance to get that project funded. We also through the study would look
at preliminary designs. We’ll actually start working on a plan set. Look at cross sections and look at
what are the impacts and put that into a usable format. So scope of the project. Large component of the
project would include public agency involvements like I had mentioned earlier. We’d like to have several
neighborhood meetings. At least 2 county board and City Council meetings and above and beyond that
we’ll probably have several work sessions as well. We’d like to study the geotechnical aspects of this
area too to define what the soil types are and what roadway needs, pavement needs. What would be
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Chanhassen City Council – October 13, 2014
necessary also. There’s potentially going to be some retaining walls. We’d like to study that to make
sure we have an understanding of what the impacts and how to design those walls. Surveying, mapping,
we’ll have to do that to accommodate the preliminary design traffic forecasts. We’ll use the Carver
County regional model as our base and then look at this area in more detail for future traffic forecasts and
then also complete a traffic study. This is more localized with local access. We’re looking at geometrics
of the roadway, those type of things. Again we’ll put together a preliminary plan set for the corridor.
Kind of identifying where the construction limits would be. We’ll look at alternative alignments along
the corridor to make sure we vetted every possible scenario and have a highest and best use plan and most
cost effective plan that we can design. And then we’ll like I said again access alternatives for several
properties along the corridor too. In conjunction with that we’d like to finish up an environmental
assessment worksheet. That gives us a standing with the state agencies that we potentially could use that
document as our base to finish up with final plans and specs if state funds were to become available. And
then also right-of-way needs would be reviewed too and look at what those impacts would be. I should
just note that the environmental assessment worksheet does not include reviews of the federal agencies so
if we were to get federal funds in the future that would have to be additional study associated with getting
that approval. That’s basically just soliciting more of the federal agencies to review the plans and the
documentation so that’s a smaller step that would have to be added onto the current scope of the project.
And then also the project does not include archeological on site digs as well. I know that the Carver
County project along Flying Cloud Drive for the Minnesota River crossing they had to complete an
archeological dig and then Hennepin County also had an archeological dig that they were required to
complete in conjunction with their project too so that’s kind of, that’s kind of an unknown right now so
that’s, we’ll have to see if that’s going to be necessary with the agencies that review those type of things.
So knowing that scope and where the framework of what we would like to complete with this study, the
three agencies, Carver County, MnDOT and the City of Chanhassen sent out a request for proposal to
three consultants that are in our consultant pool that we thought we could easily complete this project that
have worked in the corridor and have knowledge about processes and those type of things. So these firms
you know again had worked on 101 and in the area on traffic related projects with Carver County. We
did receive a proposal back from Kimley-Horn and Associates and they did partner with one of the other
firms that we had sent a solicitation to so those two came together with one proposal. We did receive a
letter back from SRF Consultants. I think I set the letter in the packet that they basically came down to
their work load was too busy for them to complete this project at this time so they declined to send us a
proposal for it. However Kimley-Horn and Associates did complete the last environmental study for the
section of 101 north of Pioneer Trail and their work has been, was acceptable. With any consultant
contract, you know the fees, the times and materials work would be at a limit not to exceed amount so any
change orders would have to come back to City Council or the City Manager’s office for approval. Hours
would be, monthly hours would be billed separately for each project area so different aspects of the
project would have to be invoiced separately to the City. As with all engineering contracts, the consultant
must submit periodic invoices that staff will review for processing. The consultant will be required to
submit time sheets to verifying hours and we’ll review those time sheets and expense sheets as they
would come in for consideration for approval in line with the original contract. Staff will review the
invoices again and expense sheets for accuracy in conformance with the contract as well so that’s
typically what we do with engineering contracts and these type of studies. If the project were to move
forward we’d like to get going on the project this fall yet and complete the project potentially at the end of
2015. Fall of 2015. The reason why we’d like to get going on the project right now, there is a fall or a
November solicitation for federal funds and in order to apply for that money it would be nice to have
some of the information documented at this time so it would help our application. Funding for the project
would come again from MnDOT and Carver County and City of Chanhassen. The City of Chanhassen
split is proposed to come from the pavement management fund and has been budgeted in 2014. And also
I’d like to say that MnDOT staff has been really encouraging and supporting this project and this process
that we’ve been undertaking so far. They’re going to be looking at cultural resources. Basically if there’s
any historical properties along the corridor that would need a review, that would be part of their to do list.
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They have provided surveying information as well and they will anticipate, have told us they will provide
soil borings as well so along the corridor which is a very significant cost savings. Just not for the City of
Chanhassen but for everybody as well so they’ve been a great partner for this process up to this point so.
That’s a really quick overview of the process and the project that we’d like to undertake. If there’s any
questions I’d be more than happy to try to answer them at this time.
Mayor Furlong: Thank you. Any questions for Mr. Oehme? Mr. Laufenburger.
Councilman Laufenburger: Thank you Mr. Mayor. The bid from Kimley-Horn in conjunction with the
other firm, SEH, that total bid was $265,000 is that correct?
Paul Oehme: Correct.
Councilman Laufenburger: So what portion of that would come down to Chanhassen’s responsibility?
Paul Oehme: It’d be a third.
Councilman Laufenburger: So it’s a third between us, county and MnDOT right?
Paul Oehme: Yes. That’s a great point. I should have put in my background too.
Councilman Laufenburger: That’s alright.
Paul Oehme: That there is, all the agencies have agreed to that split. Unfortunately, or MnDOT is
drafting up the agreement for the joint powers agreement. It’s not done right now. It’s in draft format so,
the next subsequent council meetings we’ll have that agreement before you for consideration.
Councilman Laufenburger: So essentially what you’re asking for us tonight Mr. Oehme is just for
permission to proceed with the assumption that the City Council will approve one-third of that contract?
Paul Oehme: That’s correct.
Councilman Laufenburger: Okay. So the $265,000 just, do you have a, do you have an estimate of what
this total project would cost in terms of total dollars? Any thoughts on that?
Paul Oehme: If it were to go to construction?
Councilman Laufenburger: Yeah.
Paul Oehme: So we looked at that very high level right now and you know we’re at about $26 million.
In that ballpark right now.
Councilman Laufenburger: Okay so in that range. So this $265,000 for this consulting represents, that
sounds like about one percent of the. Is that a reasonable number?
Paul Oehme: Absolutely, yeah.
Councilman Laufenburger: Okay.
Paul Oehme: Yeah and we did, I did look back at our last EAW that we had for 101 north of Pioneer
Trail and the cost is really similar to what they’re proposing for this project. The scope is really similar as
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well. There’s obviously a few nuances under this section but there’s a couple things on the north section
that are deleted from this proposal. So overall I think money wise or the cost wise I think it’s right in line
with where it should be.
Councilman Laufenburger: So then the follow up question is, in your view, the fact that we received only
one bid that SRF due to their business. They weren’t able to respond, you’re comfortable that that one
bid does represent a competitive bid.
Paul Oehme: I do because yeah. I don’t think.
Councilman Laufenburger: Yes would be an acceptable answer.
Paul Oehme: Yes it would be. There you go, thank you.
Councilman Laufenburger: That’s all I had Mr. Mayor.
Mayor Furlong: Thank you. Other questions? Other questions? Mr. Oehme you mentioned a couple of
phrases, comments. One was official mapping. What’s the effect, which would be one of the outcomes
of this consulting service. What is the benefit? What can be done once the corridor is officially mapped
that maybe can’t be done currently?
Paul Oehme: Sure. So thank you Mayor. So with officially mapping and the City attorney can help me
out with this too but once a corridor is officially mapped it gives the city or county or somebody else a
better opportunity to negotiate or to get land if say an adjacent property is up for development. If, to take
as an outlot or to take it as an easement or something else so it gives the, it gives the city or county a
better opportunity to preserve right-of-way along the corridor.
Mayor Furlong: So it gives the City the opportunity or the government agencies to preserve right-of-way
but doesn’t it also provide clarity to the residents and the property owners along the corridor?
Paul Oehme: It does. It does and we’ve, I’ve heard that comment from a lot of property owners along the
corridor. There’s a lot of unknowns right now.
Mayor Furlong: Right.
Paul Oehme: With the study and I think once we go through the process and come to some resolution at
the end I think it will give the property owners a lot more clarity in terms of okay, I think I maybe want to
move or I want to stay and make improvements to my property…
Mayor Furlong: Or I know where I can make improvements.
Paul Oehme: Exactly.
Mayor Furlong: Because I know where the road’s going to be.
Paul Oehme: Exactly.
Mayor Furlong: And is that the reason why one of the items that was emphasized, I think you made
emphasis to it as well as the Kimley-Horn proposal was the interaction with property owners and
residents and the community outreach that’s part of this process.
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Chanhassen City Council – October 13, 2014
Paul Oehme: Right.
Mayor Furlong: To make sure that people’s concerns are addressed as much as possible.
Paul Oehme: Absolutely. That’s a key to a successful completion of this project would be that outreach
and we’ll have a website available too if people need to get information about the project on a day to day,
or you know on a regular basis. If anybody has questions or want to meet on site too we’re going to be
available to meet with any and all property owners along the corridor.
Mayor Furlong: And even though the funding, and we’re grateful for the cooperation from the county,
Carver County and MnDOT for this, at this point the City would be leading this consulting project, is that
correct?
Paul Oehme: That’s correct. Yeah we would be leading the consultant in this project specifically. Where
it goes from there we don’t know yet. There’s no funding for construction at all at this time.
Mayor Furlong: Okay. And so the benefit really is that this project moves us down the road to getting
this segment of 101 upgraded to an urban standard, similar to what was done to the north.
Paul Oehme: Correct.
Mayor Furlong: Within the appropriate aspects of this corridor.
Paul Oehme: Correct. It allows us to you know, this is basically the first step to constructing the project
and getting construction dollars allocated for potential future improvements so this is, it’s a great, good
first step to really identify and hash out what the concerns are. What the problems are going to be and
really take a good hard look at what, at a design and come up with a preferred alignment.
Mayor Furlong: Thank you. Any other questions for Mr. Oehme? Thoughts and comments on this? I
mean I’ll go ahead. I think it’s a great next step to what is needed to be done and we’ve identified. I want
to certainly thank Mr. Oehme for your leadership, Mr. Gerhardt too for all the work that you’ve done.
This is obviously been a step process and with the improvements that were completed on the 101 corridor
to the north of Pioneer Trail and now with the river crossing being upgraded, this is the last gap of this
segment from Highway 5 down to Shakopee and so it’s, again to have Carver County and MnDOT not
only supportive of this but providing funding and for MnDOT to be providing that extra services as well,
it’s just wonderful to see it come together. That’s how we got the other parts done is by working together
and that’s how we’re going to get this done too so thank you for leadership from the City to get this done
but also to our partners and to all the residents and property owners along the corridor that are going to be
working with us, thank you in advance for your cooperation so that we can come up with a plan that
works for everybody. Unless there are other comments would anybody like to make a motion?
Todd Gerhardt: Mayor just one.
Mayor Furlong: Oh, Mr. Gerhardt.
Todd Gerhardt: The proposed motion should include direction to staff and city attorney’s office to
prepare a joint powers agreement. Three party agreement with Carver County, MnDOT and City of
Chanhassen.
Mayor Furlong: Okay. So whoever makes the motion can.
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Chanhassen City Council – October 13, 2014
Todd Gerhardt: Oh yeah.
Mayor Furlong: And what else?
Todd Gerhardt: And review the contract. The City Attorney has the opportunity to review the contract
between Kimley-Horn.
Roger Knutson: So we won’t be signing the contract with Kimley-Horn until a joint powers agreement is
in place.
Todd Gerhardt: Contingent upon.
Mayor Furlong: Contingent, okay.
Todd Gerhardt: Sorry.
Mayor Furlong: No, that’s fine. Would somebody like to make a motion incorporating the
recommendations from staff? Mr. Laufenburger.
Councilman Laufenburger: I’ll try.
Mayor Furlong: You can just refer to what they just said.
Councilman Laufenburger: Yeah I will, Mr. Mayor I move that the City Council approves a consultant
agreement with Kimley-Horn and Associates in the amount of $265,610 for TH 101 Environmental
Documentation and Preliminary Design between Pioneer Trail (CSAH 14) and Flying Cloud Drive
(CSAH 61), Project No. 14-08 predicated upon a successful completion of a joint powers agreement and
approved review by our City Attorney.
Councilwoman Ernst: Second.
Mayor Furlong: Thank you. Any discussion on that? Question and clarification. What’s the timing on
the joint powers? Because I thought that there was clarification in here that to try to get this going, well
to start going but if for some reason there’s delay on the joint powers we’re not going to go any higher
than one-third.
Paul Oehme: Right and that was the original intent so I’ll talk to the consultant and see if he’s okay with
moving forward at this time with, at least starting the work. Hope within a month we should have that
joint powers agreement drafted and the council, or the attorney sign it.
Mayor Furlong: And the reason I’m concerned about, and I understand from a fiscal standpoint we’re not
going to spend more than that. The reason I want to make sure that it’s clear that we’re moving forward
with this is so our application as possible with the regional solicitation so I just want to make sure that the
language is there so that they can get started making sure that we have the protections in place that we
need.
Councilman Laufenburger: Mr. Mayor?
Mayor Furlong: Yes, Mr. Laufenburger.
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Councilman Laufenburger: Mr. Oehme, have you gotten pre-agreement that all three parties will sign this
joint powers agreement and you’re just waiting for the State of, or for MnDOT to prepare it and then once
that’s in place…
Paul Oehme: Right. I emailed, Carver County emailed me back and said they’re on board and MnDOT’s
been working with us.
Councilman Laufenburger: So it sounds like Mr. Knutson, the City Attorney he’s simply saying this
agreement between three parties is predicated on the fact that there is an agreement between the three
parties.
Todd Gerhardt: We have a verbal, not a written.
Mayor Furlong: We have a verbal.
Roger Knutson: The joint powers agreement has to come back here and be approved by the council.
Mayor Furlong: Joint powers will have to come back but we can move forward.
Councilman Laufenburger: Want us to wait for it tonight Mr. Knutson?
Mayor Furlong: No, it’d be a long meeting.
Roger Knutson: Call the State and I’m willing to wait.
Mayor Furlong: But I think the key here was to try to get this moving forward knowing.
Paul Oehme: Right.
Mayor Furlong: That it’s in the works from a timing standpoint in large part because of the regional
solicitation or deadlines associated with that. So there’s a motion made. Is that going to allow us to
move forward with this or is that going to preclude us until that, Mr. Laufenburger I guess it’s in the
intent of the motion.
Councilman Laufenburger: That’s correct.
Mayor Furlong: So.
Councilman Laufenburger: That is my intent that we move forward.
Mayor Furlong: With this agreement.
Councilman Laufenburger: With this agreement. And the attorney’s approval. I think that was in the
language that I had.
Mayor Furlong: Okay. Alright. If that’s everyone’s understanding let’s move forward then. Is there
any other discussion on this? Seeing none we’ll proceed with the vote.
Resolution #2014-62: Councilman Laufenburger moved, Councilwoman Ernst seconded that the
City Council approves a consultant agreement with Kimley-Horn and Associates in the amount of
$265,610 for TH 101 Environmental Documentation and Preliminary Design between Pioneer Trail
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Chanhassen City Council – October 13, 2014
(CSAH 14) and Flying Cloud Drive (CSAH 61), Project No. 14-08 predicated upon a successful
completion of a joint powers agreement and approved review by the City Attorney. All voted in
favor and the motion carried unanimously with a vote of 4 to 0.
COUNCIL PRESENTATIONS.
None.
ADMINISTRATIVE PRESENTATIONS.
Mayor Furlong: Mr. Gerhardt.
Todd Gerhardt: I’ve got one item tonight Mayor and City Council members. Kind of want to explain the
detour that is going on down at the lower wye and we had 5 maps Paul.
Kate Aanenson: Sorry. I closed it out. Shut it down.
Todd Gerhardt: Okay, there we go.
Paul Oehme: This one or?
Todd Gerhardt: There you go. As you come down 101 and get onto County Road 61 you’ll have a free
right to continue on existing 101 as you head to Shakopee. If you want to go to Eden Prairie you would
follow that same path and make a left hand turn and go on what would be Flying Cloud Drive to the east.
There you go. So the access is there and you can do the same thing coming back from Flying Cloud and
turn at the signal right there and turn right if you want to go to Chaska or go north on 101. So the road,
the east/west road where the roundabout is, that is still closed but the full intersection is at the intersection
where the light is today.
Mayor Furlong: The southern light along the.
Todd Gerhardt: Correct.
Mayor Furlong: The most southern light of the three.
Councilman Laufenburger: Is that light in the same place where the light was previously?
Todd Gerhardt: Yes.
Councilman Laufenburger: Okay, so now we’re just simply asking traffic that is moving east on 61 to
make a left turn where they were previously prohibited from making a left turn, is that correct?
Paul Oehme: That is correct.
Todd Gerhardt: That’s correct.
Paul Oehme: They made some improvements to that intersection to accommodate those, that traffic. It’s
pretty tight but it’s going to have to work until next March.
Mayor Furlong: It’s temporary.
Paul Oehme: It’s temporary. It’s better than taking the detour up to 212.
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Chanhassen City Council – October 13, 2014
Mayor Furlong: Absolutely. Absolutely.
Todd Gerhardt: So we have movement. You can get east, west, north, south and the fun part of it is that
you can watch the construction of the bridge and the many pilings that are going in and so commuters are
going to enjoy that part of the trip during the day.
Councilman Laufenburger: Is there also an observation area down there for people who want to stop and
look?
Todd Gerhardt: It’s pretty tight. They do have J barriers. I suggest being on the outside of the J barriers
but it’s open and we can get to Shakopee and Shakopee can get to Chanhassen so that’s a good thing.
That’s all I have.
Mayor Furlong: Thank you. Any questions for Mr. Gerhardt?
CORRESPONDENCE DISCUSSION.
None.
Councilwoman Ernst moved, Councilwoman Tjornhom seconded to adjourn the meeting. All voted
in favor and the motion carried unanimously with a vote of 4 to 0. The City Council meeting was
adjourned at 9:25 p.m.
Submitted by Todd Gerhardt
City Manager
Prepared by Nann Opheim
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