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CC SUM 2014 11 24 CHANHASSEN CITY COUNCIL REGULAR MEETING SUMMARY MINUTES NOVEMBER 24, 2014 Mayor Furlong called the meeting to order at 7:00 p.m. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilman Laufenburger, Councilwoman Ernst, Councilwoman Tjornhom, and Councilman McDonald COUNCIL MEMBERS ELECT: Elise Ryan and Dan Campion STAFF PRESENT: Todd Gerhardt, Laurie Hokkanen, Paul Oehme, Kate Aanenson, Todd Hoffman, and Roger Knutson PUBLIC PRESENT: Emily Willenbring 1536 Beachcomber Boulevard, Waconia Cortney Buesgens 1351 Peitz Avenue, Waconia Gabi Schiffler 1428 Beachcomber Boulevard, Waconia Josh Mohling 1316 Beachcomber Boulevard, Waconia Ryan Pass 7650 Ridgeview Way James Brudos JMBC, 14846 Timber Hills Road, Minnetonka th Terry Atherton 2082 West 65 Street th Chris Jerde 2081 West 65 Street th John Favorite 2080 West 65 Street Peg Trager 2080 Crestview Bev Pitman 6500 Galpin Boulevard th Bill Ashenbach 2041 West 65 Street th John Corey 2061 West 65 Street PUBLIC ANNOUNCEMENTS: Mayor Furlong read an invitation to the Tree Lighting th Ceremony which will be held on Saturday, December 6 in City Center Park. CONSENT AGENDA: Councilman McDonald 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 November 10, 2014 2. Receive Park and Recreation Commission Minutes dated October 28, 2014 3. Approval of Final Development Plans for the Chanhassen Pioneer Cemetery Resolution #2014-77: 4. Approval of Resolution Certifying Hookup Charges to Property Taxes. All voted in favor and the motion carried unanimously with a vote of 5 to 0. City Council Summary – November 24, 2014 VISITOR PRESENTATIONS. None. LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE. Lt. Jeff Enevold reminded thst people of the holiday DWI enforcement wave beginning November 26 through December 21, reviewed the City’s work plan goals of providing public safety services in an efficient, cost effective manner and relayed a story about the grandparent green dot scam. Chief Don Johnson reviewed October numbers for calls for service, training, safety and compliance dates for 2014. Through the Fire Marshal’s office he reviewed fire investigations, fire prevention, education and burn permits. PUBLIC HEARING: REQUEST FOR A METES AND BOUNDS SUBDIVISION OF A TH 0.69 ACRE PARCEL INTO TWO LOTS, LOCATED AT 2061 WEST 65 STREET, APPLICANTS/OWNERS: JOHN AND KIMBERLY COREY. Kate Aanenson presented the staff report on this item. Mayor Furlong asked for clarification on the needed soil corrections, clarification of condition 9 under Engineering regarding the Interstate Geotechnical Engineering’s observations which talks about the minimum separation of 3 feet. Councilman Laufenburger asked for clarification on the grading required with surface water drainage, and how tree preservation will be implemented. The applicant’s representative, James Brudos discussed drainage. Mayor Furlong opened the public hearing. Terry Atherton, th 2082 West 65 Street discussed the high water table issues in the neighborhood and urged the th council not to accept this proposal. Chris Jerdee, 2081 West 65 Street discussed the high ground water levels in the area, concern that subdividing this property will change the character and property values of the neighborhood with roughly every lot on this street being three- th quarters of an acre. John Favorite, 2080 West 65 Street asked how grading was going to connect with the property to the south due to the elevation differences, concern with the hydrostatic pressure in the area, and his concern if the City is looking down the road with future development. Peg Trager, 2080 Crestview, the adjacent property owner expressed grading concerns and runoff onto her property. Deb Pittman, 6500 Galpin Boulevard expressed concern th that runoff and ground water issues were not being addressed. Bill Ashenbach, 2041 West 65 Street, the adjacent property owner to the east discussed standing water issues that currently exist and how the new lot being higher is going to affect the current house and surrounding area. Chris Jerdee spoke again about his concern with hearing a lot of hopeful’s and intent and who is going to make sure the improvements are done correctly before asking the council to not approve this development because there’s just too many unanswered questions. John Favorite continued to try to understand how raising the elevation on Parcel 1 won’t affect drainage patterns to surrounding properties. The applicant, John Corey, 6409 Oxbow Bend explained that over the last 4 months that they have been working on this project there haven’t been any water or drainage issues. Councilwoman Ernst moved, Councilman Laufenburger seconded to close the public hearing. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The public hearing was closed. Councilman Laufenburger asked staff to explain the term sheet draining, installation of the drain tile, clarified that no grading will occur until a building permit is pulled, and soil corrections. Councilwoman Ernst asked for clarification on the location of the drain tile. Councilman 2 City Council Summary – November 24, 2014 Laufenburger asked if drain tile systems have been done before in the city and if there were any variances included with this request. After comments from council members the following motion was made. Resolution #2014-78: Councilwoman Ernst moved, Councilman McDonald seconded that the Chanhassen City Council approves a metes and bounds subdivision creating two lots subject to the following conditions and adopts the attached Findings of Fact and Decision: Building 1. The existing structure on proposed Parcel 2 must be provided with sanitary sewer connection – permit required. 2. Properties must be provided with separate sewer and water services. 3. Existing Subsurface Sewage Treatment Site on proposed Parcel 1 must be properly discontinued and abandoned – permit required. Engineering 1. The City Attorney shall draft and the developer shall execute a “Grant of Permanent Easement for Public Drainage and Utility Purposes” document. This document shall be recorded with the metes and bounds subdivision. 2. A roadway, drainage and utility easement must be dedicated over the portion of the existing cul-de-sac within the property and 15 feet beyond the edge of the road. 3. Prior to recording the subdivision the developer shall pay the $45 GIS fee: $25 (subdivision) plus $10/parcel. 4. Prior to recording the subdivision a $10,000 security must be provided to ensure that the street is restored. The security can be released when the City determines that the patch is in good condition after one freeze-thaw cycle. 5. Sewer and water hookup charges are due for the new lot, a portion of which shall be collected before the metes and bounds subdivision is recorded: Water: 1 unit x $1,886/unit = $1,886 Sewer: 1 unit x $664/unit = $664 6. If the final subdivision submittals are received after 2014, all fees shall be recalculated based on the rates in effect at that time. 7. The remaining 70% of the sanitary sewer and water hookup fees must be paid with the building permit at the rate in effect at that time. 8. A plumbing permit is required for the private storm sewer; the plumbing inspector will inspect the connection to the city storm sewer manhole. 3 City Council Summary – November 24, 2014 9. On Parcel 1, the proposed home style as required by City Code Section 18-40(4)2(iii) is a slab-on-grade home. Based on the Interstate Geotechnical Engineering’s observations, the groundwater elevation is 1.8 feet below the ground elevation of the soil boring. The developer must verify the surface elevation of the boring location to determine the elevation of the groundwater; the lowest floor must be minimum three feet above that elevation per City Code Section 18-40(4)2(i). Environmental Resource Specialist 1. Tree protection fencing will be required around any preserved trees. It shall be installed prior to grading and located at the drip lines of the trees. 2. Parcel 1 is required to have one tree planted in the front yard. Parks 1. Park fees of $5,800 shall be paid for each new single-family lot prior to the recording of the property deed. Planning 1. Deeds shall be submitted to the City for review and recorded at Carver County for the two parcels. 2. A building permit shall not be issued unless all soil corrections have been completed as indicated in the attached exhibits titled “Subsurface Soil Investigation” dated October 25, 2014 and November 13, 2014. Water Resources Coordinator 1. Total surface water management fees due prior to recording the property deed are $1,914.55. All voted in favor and the motion carried unanimously with a vote of 5 to 0. AWARD OF BID FOR HIGHOVER BOULDER WALL REPAIR AND APPROVE AGREEMENTS. Paul Oehme presented the staff report on this item. Councilman Laufenburger asked for clarification on the location of the retaining wall, and landscaping. Councilman McDonald asked about materials being used to construct the wall and if city staff has validated the work of R.J. Valek Construction. Mayor Furlong asked about liability issues and if the contractor is properly bonded and insured. Resolution #2014-79: Councilman McDonald moved, Councilwoman Ernst seconded that the Chanhassen City Council accepts bids and awards the contract for the Highover Boulder Wall Repair to R.J. Valek Construction in the amount of $113,590 and approves 4 City Council Summary – November 24, 2014 agreements with the Highover Homeowners Association and property owner. Award of the contract is contingent on the City receiving the funding from the Highover Homeowners Association. All voted in favor and the motion carried unanimously with a vote of 5 to 0. COUNCIL PRESENTATIONS. Councilman Laufenburger commented on his visits to Excelsior Elementary School, Chaska Middle School West, and Chapel Hill Academy for Veteran’s Day ceremonies and thanked the American Legion who provided free meals to veterans on Veteran’s Day. ADMINISTRATIVE PRESENTATIONS. Todd Gerhardt commented on the successful closing on the Dakota Retail development at Dakota and Highway 5, and an update on the search for a new Assistant City Manager. CORRESPONDENCE DISCUSSION. Mayor Furlong asked the City Manager to thank Greg Sticha, the Finance Director for his work in receiving a positive report from the Wells Fargo Portfolio Analysis. Todd Gerhardt commented on the letter from Metropolitan Mosquito Control. Mayor Furlong announced that the City Council would be going into Executive Session to discuss the City Manager’s Performance Evaluation immediately following adjournment of the regular City Council meeting. Councilwoman Ernst moved, Councilman Laufenburger seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The City Council meeting was adjourned at 9:05 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 5