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CC 2015 02 23 CHANHASSEN CITY COUNCIL REGULAR MEETING FEBRUARY 23, 2015 Mayor Laufenburger called the meeting to order at 7:00 p.m. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Laufenburger, Councilwoman Tjornhom, Councilman McDonald, Councilwoman Ryan, and Councilman Campion STAFF PRESENT: Todd Gerhardt, Chelsea Peterson, Paul Oehme, Kate Aanenson, Todd Hoffman and Roger Knutson PUBLIC PRESENT: Mike Cohrs 1025 Creekwood Debra Roesser 1025 Creekwood Jill Kaiser 10326 Magic Drive, Eden Prairie Mike Hoagberg, Headwaters Development 17550 Hemlock Avenue, Lakeville Dave Kirkbrios 2080 Boulder Road Eric Reiners, Sperides Reiners Architects 4200 West Old Shakopee Rd, Bloomington Keith Matte, SRF Consulting One Carlson Parkway No, #150, Minneapolis Chapin Hall 14451 Highway 7, Suite 204, Minnetonka th Robert Boecker 610 West 96 Street Mayor Laufenburger: Well good evening and welcome to this council meeting. Those who are present in the chambers as well as those who are watching on Mediacom Channel 8 in your homes. I hope you’re staying warm tonight. First item is let’s just review the agenda. Council members are there any modifications to the agenda? If not then we will proceed with the agenda as printed. PUBLIC ANNOUNCEMENTS: None. CONSENT AGENDA: Councilwoman Tjornhom moved, Councilwoman Ryan seconded to approve the following consent agenda items pursuant to the City Manager’s recommendations: 1. Approve City Council Minutes dated February 9, 2015 2. Receive Planning Commission Minutes dated February 3, 2015 3. Receive Park and Recreation Commission Minutes dated January 27, 2015 4. Award of Quote for Concrete Work, Neighborhood Park Shelter Project. Chanhassen City Council – February 23, 2015 Resolution #2015-10: 5. 2015 Street Rehabilitation Project (Kerber Boulevard): Approve Plans and Specifications th Resolution #2015-11: 6. Approve No Parking Resolution on West 86 Street from CSAH 101 to Mission Hills Way West. Resolution #2015-12: 7. TH 101 (Pioneer Trail to CSAH 61) Improvement Project 14-08: Resolution Approving Master Contract with MnDOT. 8. Zoning Ordinance Amendment: Approval of Amendment to Chapter 20 of City Code to Permit the Sale of Wine on Golf Courses located in the Agricultural Estate (A2) District: Applicant: Mike Cohrs, Bluff Creek Golf Course. All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS. None. LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE. Mayor Laufenburger: Sergeant Anderley is here. Our police liaison with Carver County Sheriff’s. Sergeant Anderley, welcome. Nice to see you. Sgt. Peter Anderley: Good evening Mayor, council. You have the January reports if there’s any questions on any of the numbers there, I can certainly go over through that. If you don’t. One thing I did kind of want to talk about tonight a little bit just for people out there, kind of make you aware of something. It’s been around a little longer, a little while but a new law took effect st in August 1 of 2014 regarding Narcan. It’s a prescription drug that will reverse the side effects of drug overdoses such as heroin and oxycodone and opioid overdoses. I know the fire department probably talked about it earlier or late last year. They have it. It allows first responders and deputies to carry that drug to administer to somebody when they have it. One of the big things about the law is it does provide immunity to the people who call 911 so if someone collapses from a drug overdose and is not breathing, it provides immunity for them to call 911. They’re not going to get in trouble for the heroine so we can get there and administer first aid to those people. The sheriff’s office started carrying it mid-January after everyone was trained in it. Last Wednesday Chaska had a medical call of a party unresponsive and one of our deputies responded and administered Narcan to a person who was not breathing. Within a minute that person woke up and was actually talking and come full circle so that’s the first time we used it but just want to make you aware of it that we are carrying it and there’s the whole law about immunity so we encourage people if they have a medical emergency like that we are able to get there and help fast. Mayor Laufenburger: So Sergeant this is, this drug Narcan, this is obviously not an over the counter drug. This is a controlled substance, is that correct? Sgt. Peter Anderley: It is. 2 Chanhassen City Council – February 23, 2015 Mayor Laufenburger: And it’s available to law enforcement and fire is that correct? Sgt. Peter Anderley: Correct. Mayor Laufenburger: And what was the law that took effect in August? Sgt. Peter Anderley: It allowed the first responders to be able to carry it and administer it. And then it also, like I said it has a caveat on there that it provides immunity to people who report the drug overdose. Mayor Laufenburger: So to people in the chambers as well as those maybe watching at home this is an encouragement that if you encounter somebody that you know is experiencing the effects of drug overdose, you are immune from prosecution for participating in the heroin, is that correct? Or whatever the drug might be. Sgt. Peter Anderley: Whatever the drug is, yeah. For calling, we encourage people if they go into basically unresponsive and they’re not breathing, again seconds count. The faster we get there the faster we can administer this, the more probability that they’re going to come back and make a full recovery so we encourage you know that people when they see this happening that they’re calling 911 and alerting us to the issue. Mayor Laufenburger: Okay, that’s wonderful. Anything else Sergeant? Sgt. Peter Anderley: That’s all I have for the council. Mayor Laufenburger: Any questions of Sergeant Anderley? Alright, thank you very much Sergeant. Chief Johnson, fire department for the monthly fire department update. Chief Don Johnson: Good evening Mayor and council. This is department report for the month of January. We did have 53 calls for service in January. None of them were of any substance that really have anything calling out. I did, if you look at the report I did kind of highlight, we’ve had a busy training cycle here for the last couple months and we’ve responded to, in response to trauma. Application of advanced airways and tonight the fire department would like to invite anyone that feels like it to come down, on the council and help with ice rescue training so we’re out on Lotus Lake. We’ve got a couple of holes cut and we’re working in the ice. Mayor Laufenburger: I’m sure I have something committed at that time. I know you didn’t tell me the date yet but I’m sure I. Chief Don Johnson: So that’s going on tonight so after I’ll be putting on an ice rescue suit and getting in the water when I’m done here tonight so it’s fun for us but it’s also something that we really do have to practice on an annual basis so. We did sent 3 officers up to Arrowhead for the Minnesota Fire Chiefs Association Officer training. We’re working hard on officer development for the department and this is a great way for us to participate in that and one of the nice things about the Fire Chiefs Association is they made this a family oriented event so you bring your family up. It’s at the Arrowhead Water Park. The spouses and children can go out and play and 3 Chanhassen City Council – February 23, 2015 have a good time while the officers are actually going through some pretty quality learning so we’re lucky to take part in that. And it is also reimbursable through our training money so it’s kind of win/win for us. Chief Don Johnson: By the way if you would do some of that ice rescue training at Arrow Wood, I’ll sign up for that. Chief Don Johnson: I heard the ice is about 32 inches thick up there so hopefully you’ve got a long bar saw to get through there. We’ve got, the Fire Marshal and myself have been doing the co-council updates for the fire sprinkler systems and the fire alarm systems. We’re getting updated quite regularly with the State of Minnesota and new codes coming out. We’ve got quite a bit of commercial construction going in so us being up to date on those systems is pretty important. Also attended some of the emergency management classes put on of the recent Governor’s Emergency Management Council so a lot of training going on in the fire department right now. We’re currently working with multiple vendors to put the two new, newly approved command vehicles on the road. We do have one on the road now. We should have the other one on the road here in a month. Hopefully with my next council report I’ll bring some pictures or be able to, maybe it will be nice enough to, at a work shop to go take a look at those, those new vehicles so appreciate council’s support on those. And we did help out Eden Prairie with an engine company and a chief to stand by at their station while they went through their holiday party so it’s nice to be a good mutual aid partner there. I listed out our monthly Fire Marshal report. As you can see we’ve got quite a bit of commercial inspections that we’re doing. As you know that we’ve got quite a bit of construction going on in town here and Mark or myself or both are out on a quite a frequent basis making sure that the buildings are safe and the systems that are going in are up to par so. From the 53 calls that we had in January, that’s about a monthly average for us. Looking at some of the graphs and charts I included in your packet. We did have 23 medical responses out of the 53. Two were motor vehicles accidents and we did respond to one grass fire. What is unique about that is that was actually started by a car accident. So a car accident on 5 took out a light pole which when they went to re-energize the poles lit a transformer on fire and the fire lines and everything else dropped into the road so we had a nice little grass fire going along Highway 5 there at rush hour so one call ended up having a couple of different incidents involved in it so. I’ve included some of the calls by days of week and then also by time of day. And in your council packet, as you can see we’re still last year was kind of our first benchmark or where we’re going to be with response times and our busiest times still appear to be about 8:00 in the morning to 8:00 at night so, and I also included some response by vehicles so we’ll start continuing to work with that and report on that through a monthly basis with council. And that concludes my report for January. Mayor Laufenburger: Alright, thank you Chief. Any questions of Chief Johnson? Councilwoman Ryan: Mayor? I don’t have a question but Chief I’d like to publicly acknowledge the comment cards that were included in our packet that you received for overall performance an excellent rating on all the cards that we saw so thank you for your hard work and representation and care of our citizens of Chanhassen. So well done. 4 Chanhassen City Council – February 23, 2015 Chief Don Johnson: Thank you very much. Thank you. We try to send those out, I review reports on a weekly basis and we’ll continue to send those out and I’ll send whatever the comments are forward but the community is very supportive of us and as you can see that’s kind of our report card to you as well so thank you. Appreciate it. Mayor Laufenburger: Okay. Any other comment or question? Thank you Chief. Chief Don Johnson: Thank you. Mayor Laufenburger: See you next month. MISSION HILLS SENIOR LIVING: REQUEST FOR PUD AMENDMENT, SUBDIVISION AND SITE PLAN REVIEW WITH VARIANCES FOR A 134-UNIT SENIOR HOUSING STRUCTURE AND 9 TWIN HOMES (18 INDEPENDENT LIVING UNITS) ON 8.64 ACRES ZONED PLANNED UNIT DEVELOPMENT; 8600 GREAT PLAINS BOULEVARD, OUTLET E, MISSION HILLS); APPLICANT: HEADWATERS DEVELOPMENT. Kate Aanenson: Thank you Mayor, members of the City Council. The Senior Hills Living is Headwaters Development. It appeared before the Planning Commission back in January. It took, they had to make some pretty substantial revisions to the plan regarding the location of the building. Just sliding it back so the engineering had to be changed so there was a gap between when it went to the Planning Commission and now before you so we’ve edited the staff report and happy to say that they’ve really modified all the conditions that were in the staff report and it’s a pretty clean project so we’re happy about that. So for your review tonight there’s actually 3 actions. One is the PUD amendment. Number two is looking at the site plan and then a subdivision of a preliminary plat. Mayor Laufenburger: And are these 3 independent actions or would we be… Kate Aanenson: No, they’re included all in one motion. Mayor Laufenburger: Okay. Kate Aanenson: Yeah. Mayor Laufenburger: Thank you very much. Kate Aanenson: Yes. So the location of the subject site is off of Great Plains Boulevard or County Road 101 and just north of 212 is the location of the site. So first I’m going to talk a little bit about the history with the land use plan. So this subject site, again the interchange of 212 and 101 was given mixed use development so there was actually on this site the category allowed for the mixed use development. There’s only two locations in the city that allowed for this type of land use and that would either accommodate either commercial or high density residential. So when the Mission Hills came in, they held that piece of property out for commercial and that’s how that PUD was established. So again that commercial was put in 5 Chanhassen City Council – February 23, 2015 place prior to the development at the other corner. It would be the southwest corner of 101 and 212 where we’ve got the Kwik Trip and some of the other commercial development there. So with that the PUD again was established. The land use designation for the mixed use we looked at in 2008. We did a study as we were in a lot of flux in that area with the park and ride coming in. There were some concerns from the neighborhood how this area was all being viewed. What was happening. Also the corner, the southwest corner of 101 and Lyman Boulevard as some of those properties in the area. There was a lot of change going on with the new interchange right there so we actually worked with, hired SRF to go through and look at some of the, some templates of some land use recommendations to say what were some options. So this is one piece of property. The subject site that we actually looked at and had recommended now that we knew that the commercial would probably go at the Kwik Trip site. That would probably be more served for what we suggested was residential and had recommended that senior housing would be more acceptable there. There was an access to this property that was given to continue the use. Everybody kind of knows it as the pumpkin patch property so that was giving them kind th of the access to the farm property. Otherwise the access was limited off of West 86. While it was given commercial designation staff really didn’t have any interest in that. I know there was someone looking at it for high, more intense office but because of the trip generation located on th 86 and the turning movements, it’d really be problematic. There’s a lot of trips coming in in that intersection. Coming out it’s, it’s a restricted turn movement. It’s very narrow so we didn’t see a lot of interest in that so we were pleased to see a senior housing project move forward in that because we felt all along that that was the right designation for the subject property. So with that the, whoops. With that the amendment then would take place on this. Again the underlying land use allows for either commercial or residential but to reconcile that then your first action would then would be to recommend this amendment going back to the commercial land use. So I’ll explain how that works on the next couple of slides here. So what we looked at for what would the density would allow. 16 units an acre. There was some excess density in some of the existing Mission Hills development so there’s the low density that comes off of Mission Hills Lane. The subject site right here. And then you’ve got some medium density on both of these properties so they were all developed a little bit differently. Again there’s one way out, right out on this property here and so that the main access would be off of the commercial. Or excuse me, th the West 86 Street. So there was excess density. This next chart kind of shows you how we came to what the total number of units could be on the site so what also drives a development of this site, while you can, it may allow for, the density may allow for more units. It’s really driven by can you meet the other standards. It’s in the shoreland district. You have a 50 percent open space. There’s a height requirement within the shoreland district so there’s other factors. Parking. Managing stormwater. All these factors then allows for, or drives how the development’s going to look. So the applicant then, while it may allow for higher than that, how it got developed on the site, meeting all the criteria of the district shaped how that would be so the 134 plus the townhouse units is what’s recommended on the site. The existing conditions on the property, again it’s currently being farmed. There’s some change in grade as you get to 212. One of the other issues that we thought were good about this project is it provides for noise attenuation as you look, coming off that off ramp onto the 101. Some of the people in Mission Hills commented on some of the noise that’s coming off of 212 right now so provides attenuation with the taller building for that noise buffer. So again with the total number of units they came in with their project and the other factor driving this was the shoreland district. Within 1,000 feet of the shoreland district you can’t be higher than the 35 feet so that also affected that. So 6 Chanhassen City Council – February 23, 2015 this drawing is what’s changed, what you’re seeing tonight is changed from the Planning Commission to meet those requirements of the shoreland district and the 50 percent open space. So you can only be 35 feet as I mentioned within that so they had to tip the building a little bit to make that work so this is the redesign making it work. You can see the shoreland district line so it meets the 50 percent open space and then 35 feet outside of the shoreland district. So the building itself as I mentioned, 134 apartments. Within those 134 apartments is independent living and assisted, memory care. Some what we would call service enriched type units and then the 9 rental twin homes in here so it really does make a nice transition between the existing medium density on the north side and then we worked really hard with the developer to get this building and the orientation of that building so that the mass of the building wasn’t immediately to the backs of those townhouses. There’s a slight grade change but I think they did a good job th of matching that up to make it the least imposing. Access to the site as I mentioned is off of 86 Street and you can see there’s a control there regarding the turning movements and I’ll let the City Engineer take a few minutes just to talk about some of the access issues and traffic. Mayor Laufenburger: Mr. Oehme. Paul Oehme: Sure, thank you Mayor and City Council members. So like Ms. Aanenson had th indicated the only access to the development is off 86 Street as shown here. Internal access would be, these roadways are all private. The staff had required that a traffic study be completed for this development. We looked at the number of units out here and looked at existing traffic and future, thank you. And future traffic based upon the design. Also we looked at the current th single family development that’s being constructed at this, along 86 Street as well so based upon all the inputs and the existing traffic that’s currently generated through Mission Hills and th 86 Street, the traffic for this development we’re anticipating to be around 500 trips per days. The peak period intersections, back up or the level of service for each of those intersections, we’re not anticipating those service levels to change greatly at all at this intersection or at Mission Hills Drive or at the intersection of Lake Susan Drive and 101. This development is again senior citizen living so the traffic generations are a little bit different than if we would have a market driven apartment complex or townhouse and developed at market rate in this area too so. With that we feel comfortable that the traffic generated for this site can easily be supported by the infrastructure and existing infrastructure that’s already there today. There are some th modifications that we’d like to see along 86 Street. Namely that the median that currently is th along the access at the intersection, at the entrance to 86 Street be removed for a turning radius th considerations as well and we also are looking, or have looked at no parking along 86 Street here. Along on the curve here. We had some comments from some property owners out there, poor sight distance issues and lack of sight distance around the curve when parked, cars are parked there so that has been also considered. In the traffic study there was comments about stop signs which are included in the final recommendations in the plans currently and then some additional one way traffic circulations shown here that are also included in the current design as well. So with that brief overview of the traffic staff feels that the existing infrastructure and the way it’s designed can support, that the existing roadway system can support this development. Mayor Laufenburger: Thank you Mr. Oehme. Kate, you want to continue? 7 Chanhassen City Council – February 23, 2015 Kate Aanenson: Yeah, I was just going to add too that the access, the access that’s currently used to get to the farm fields is being eliminated with this project. And also in addition the parking does meet the requirement based on the tenant mix so that also meets the city ordinance. So here’s the architectural elevations of the building itself. I do have a material board in the, shown in here but we think it’s highly articulated building. It looks nice. We think it will be again based on the massing and the orientation should fit well into the site. Here’s the material boards. That was one comment that the, on the twin homes that the Planning Commission did comment on is that they seemed a little bit homogeneous. Looked pretty similar. Some of the architectural features were actually in the gables so they are rental townhomes so we think that they’ll look nice. Again just complimentary to their building which is what the goal they were seeking. It does have a monument sign on the entrance to the site. The big, excuse me, an entrance sign over here but the main monument sign will be on 101 just to give you indications. Assuming a lot of people coming off of 212 coming to this site so that would give them the ability to see that and then the monument, the entrance sign, excuse me. Yeah, the smaller entrance sign here but the identification sign would be on 101. Parks, there is park locations within the area so what the park commission is recommending is park and trail fees. One of the things that we’ve looked at in there to being sure we’re consistent with other types of developments so we’re going to re-examine those fees for park and trails. There might be a minor correction and we would come back with that at final plat but we are revisiting that and that is actually condition on page 27. Park and trail fees. So we will re-examine that and come back to you with final plat and make sure that we’ve got the correct number there. Mayor Laufenburger: Kate is that new information? Kate Aanenson: Yes it is. Mayor Laufenburger: Is the developer aware of that? Kate Aanenson: Yes. He was just informed. Yeah he’s been informed since today so. Mayor Laufenburger: Alright, thank you. Kate Aanenson: So the final action then, so you’ve got the PUD amending and then you’ve got the site plan approval and this is your third action. This is an outlot. In order to build on it you need to create the lot and the lot is where the extractions come in. The park and trail fees by the rd creation of the subdivision lot so this would be Lot 1, Block 1, Mission Hills 3 Addition so that would be creating the lot for this development to go on. So with that the staff is recommending approval of the 3 motions. Again for the 134 senior housing apartments and the 9 twinhomes. The preliminary plat and the site plan approval so with that I’d be happy to answer any questions you may have. Mayor Laufenburger: Okay, thank you Ms. Aanenson. In just a moment I’ll ask the applicant would like to address the council but are there any questions that the council has of staff at this time? Councilman McDonald: Mr. Mayor? 8 Chanhassen City Council – February 23, 2015 Mayor Laufenburger: Councilman McDonald. Councilman McDonald: Yes I have a question but it’s probably directed towards Mr. Oehme. The new intersection down there, because there will be more traffic, is that going to qualify for a stop light warrants? th Paul Oehme: Mr. McDonald, so you’re referencing 101 and 86 Street? Councilman McDonald: 101 and Mission Hills Boulevard, yes. Paul Oehme: Sure. So we did look at that intersection briefly. We did talk to Carver County as well who has jurisdiction on 101. Since it’s a T intersection and there is about, there will be about 1,700 trips per day coming out of the intersection. However the back up or the level of service, the queuing of the intersection at that location would not warrant a signal at this time. There is turn lanes on 101 to provide access and stacking along 101 so based upon the trip th generation that we were seeing and what we think is going to be the amount of traffic on 86 Street, we looked at the accidents at the intersection as well which are not very high. You know we feel it’s not going to warrant a signal at this time. Councilman McDonald: Thank you. Mayor Laufenburger: Okay. Any other questions of staff at this time? Okay, alright. Is the applicant present and would he or she like to address the council? And we ask that you state your name and your address. Mike Hoagberg: Hi, I’m Mike Hoagberg, President of Headwaters Development and I’m from Lakeville, Minnesota and we’re here tonight to present the proposed development plan and really appreciate the time. Mayor Laufenburger: Good. Mike Hoagberg: You know we have spent a lot of time and effort to really make sure that we understand the City of Chanhassen and understand what our development is going to provide for the city and we also understand that a development of this size is important to the city and it’s residents and so we wanted to spend a lot of time talking to city members. Talking to neighbors and really try to get the feedback and input for this type of project and how they felt about what our proposal was and by spending that time we were able to really incorporate all of that feedback into our plan and make sure that we’re abiding to all the requirements that were set forth by the City and all of that has been incorporated into the plan that we’re reviewing tonight and we hope that you can appreciate the effort that we did put in to make sure that we tried to accommodate everyone to the best of our ability. I also wanted to introduce the rest of my development team that’s here tonight with us. Our operating partner Ebenezer is here and as you may know they’re the leading provider for senior housing management in the state of Minnesota. We also have our architectural firm here, Sperides Reiners Architects and they’ve been involved in many senior housing projects in the state of Minnesota and have been a great partner with us 9 Chanhassen City Council – February 23, 2015 from the beginning of the Mission Hills project here that we’re proposing. So again thank you for the opportunity to speak with you guys tonight and put forth our proposal and if you have any questions from our development team, please don’t hesitate to address us. Anyone that’s here. Mayor Laufenburger: Okay, would you just remain there for a moment to see if anybody on the council. Mike Hoagberg: Yep. Mayor Laufenburger: Any questions or comments from the council to Mr. Hoagberg? Apparently you’ve done your homework Mr. Hoagberg. Mike Hoagberg: And you pronounce my name well. I like that. Mayor Laufenburger: It’s written right in front of me here so. I just, I do want to make a comment. I think that what you’re bringing to Chanhassen is vitally important to the future of Chanhassen. One of the things that, one of my roles as mayor is to participate in Carver County discussions related to what is the County doing to serve this building and booming population called the baby boomers so on behalf of the, all of the citizens that currently are in the range of your market and those of us that are going to be there soon. I’m actually in the range already. I think it’s wonderful and I know that the, I know that Carver County looks upon this as one of the vital elements to serving the entire population of Carver County so on behalf of all of the citizens who fall in that range I thank you for coming to Chanhassen and choosing to build a very quality property right here in Chanhassen so thanks Mike. Mike Hoagberg: Thank you. Mayor Laufenburger: Let’s bring it back to the council. Does anybody have any questions for staff at this time? Councilwoman Ryan: Mayor I have one question. Mayor Laufenburger: Councilwoman Ryan. Councilwoman Ryan: Ms. Aanenson, in looking through the information I believe I read somewhere that there was, that you had asked for them to agree to an increase in buffer yard plantings. They were deficient in some areas. Has that been agreed to? Kate Aanenson: Yes. The revisions, they’ll accommodate those in some of these areas here. There is a berm there but we want to make sure that we’ve got that and along Trunk Highway 101 where you’ve got more noise so yep. Councilwoman Ryan: Okay, thank you. And then the last one goes back to the traffic patterns. I know Councilman McDonald asked, is there, I know the County has to handle this and that there isn’t intended to be an increase of traffic but do they take in consideration who that traffic is? My concern is with the, you know the senior building pulling out onto a busy road, is there 10 Chanhassen City Council – February 23, 2015 going to be, is there an option or a possibility for a safe zone by the median as opposed to crossing. If you’re taking a left and turning you know south on that road. I get concerned with the people coming off of a highway turning right headed down 101, picking up speeds and then that turn lane. That people get caught. Paul Oehme: Sure. Yep, so Councilwoman Ryan. So we did look at you know again the signal was our first review and it’s not going to meet warrants under current state statutes and requirements. There is a fairly wide median out here. I believe it’s 12 feet wide in the middle of the intersection so there is a quasi safe zone out there for people to travel through the southbound lanes before they head, or cross the northbound lane before they head on the southbound lane so 101 was improved back in I think 2005 with the 212 project so it is up to CSAH standards for roadway width. Turning lanes. Sight distances and those type of things so I think 101 is up to current standards right now so you know I think our best bet is to monitor it and if there are issues in the future, you know we always work with Carver County to address those type of things and if it does warrant a signal we’ll definitely look and encourage Carver County to make those improvements at that time. Councilwoman Ryan: Great thank you. And I would remiss if I didn’t say to encourage the Rice Marsh Lake loop after being on the Park and Rec. That’s a great location so I encourage them using that loop. Mayor Laufenburger: Well that raises, thank you Councilwoman Ryan. That raises a question. Is there easy, not easy but is there identifiable access from this property to Rice Marsh Lake trail and if so how would that be? Mr. Hoffman can you speak to that? Todd Hoffman: I sure can. Through a sidewalk connection. So heading out of this property and then immediately to the right or back to the east, there’s a sidewalk that would lead to a cul-de- sac and a newly developed 16 Preserve at Rice Lake so there’ll be a connection there. An easy connection to make access from this property. th Mayor Laufenburger: So they would exit this property. Immediately turn to the east along 86, is that right? Todd Hoffman: Correct. Mayor Laufenburger: And then, okay. Good. Todd Hoffman: And make their way in and conduct that loop. It’s a 3 mile loop. One of the nicest trail loops in the southwest metro area for sure. Todd Gerhardt: How would you get to the Lake Susan trail loop Todd? Todd Hoffman: You would take a left. Head north and you can get to Lake Susan so. Mayor Laufenburger: And that’s a tunnel. It’s protected. It goes underneath. 11 Chanhassen City Council – February 23, 2015 Todd Hoffman: Underneath Highway 101, yep. Great trail connections here and then they have access to Lake Susan Park and Bandimere Park as well. Mayor Laufenburger: Alright, great location. Any other questions of city staff? Kate I have one for you. You talked about excess density and I think what, to use a different word. That would be unused density, is that what it is? Kate Aanenson: Yes. Yeah. Mayor Laufenburger: So it’s density that was allowed in other parts of Mission Hills but it was not used so are you moving or are you transferring that density? Kate Aanenson: Right, the PUD allows you to transfer some of that density but what I’m saying the product choice that you make and the parameters of how you can develop on that site, because you’re in the shoreland district. The parking standards. The height requirements. All those determine how many units you can get on the site so you may not be able to maximize all of those units that would be on the site so. Mayor Laufenburger: Are they, they as Mr. Hoagberg and his organization, have they done as much in terms of maximization as they can? Kate Aanenson: They’re pretty close. Based on what they want to do. Now they want to do the twinhomes out there to get the 50 percent because they have clustered something and maybe done something more, you know they can’t go over 35 feet within that area because of the shoreland district so those are the things that drive it but we think this is a very well suited for the site. Making the transitions. Creating those buffers. Mayor Laufenburger: Okay. And one last thing. You mentioned that the park fees, that there may be an adjustment. What needs to happen to determine whether or not there will be an adjustment? Kate Aanenson: We’ll work with them to understand the types of uses within the building. It’s mostly they got the apartments and then they’ve got some other service enriched we call which would be the memory care or the like so we’ll get that and how it’s licensed and get clarification from Ebenezer on those. Mayor Laufenburger: Okay, so you work with Ebenezer on how they’re going to actually deploy the building, is that correct? Kate Aanenson: Correct. Mayor Laufenburger: Okay, alright. And was the developer satisfied with that? Kate Aanenson: Yes. 12 Chanhassen City Council – February 23, 2015 Mayor Laufenburger: Okay. Mr. Oehme, on that traffic island, as you going to take that whole thing out? Paul Oehme: We’re not proposing to take it all out. We’re proposing to take out the part that’s in the curved area so the center median at 101 basically to where it starts to make the turn for the left turn lane there. That’s the portion that’s being proposed to be eliminated. Mayor Laufenburger: You talked about turning radius. Are you thinking about service vehicles that would come into Mission Hills? Is that what you’re thinking about? Paul Oehme: Correct, delivery trucks. Moving trucks, those type of things. Mayor Laufenburger: Okay, alright. Okay. Okay, Kate could you bring the motion back up to the screen for just a second? If we provide approval to this tonight Kate, does this, will this need to come back to the council at all? Kate Aanenson: Yes for final plat. And the conditions that go with the final plat would be the extractions including the park and trail fees so you will see that for final plat. So you will see that again. Mayor Laufenburger: Okay so we’re essentially giving permission for the developer and the City to move forward as their plans develop and when would you expect that final plat to come to us? Kate Aanenson: Well preliminary plat is usually contingent upon getting all your engineering work done so that would be some of the street ones that we just talked about. Some of the civil for sewer and water, some of those sort of things. And then security for any public improvements. Landscaping, that sort of thing so that would come back for final plat. Typically final plat’s on consent. You would look at the conditions but typically those are on final plat. On consent, excuse me. Mayor Laufenburger: And has the developer talked with you about when they expect to put shovel in the ground? Kate Aanenson: We were anticipating that would be this spring. You could clarify that with them. Mayor Laufenburger: Mr. Hoagberg would you like to speak to that? Mike Hoagberg: Yes. There are still several factors that go into when we can and are able to put a shovel in the ground and we anticipate sometime this summer is what we’re planning. Mayor Laufenburger: Okay, okay. And that’s probably if things go well occupancy sometime in 2016 then, is that correct? Mike Hoagberg: If things go smoothly. 13 Chanhassen City Council – February 23, 2015 Mayor Laufenburger: If things go smoothly. Mike Hoagberg: Yeah we think this is a little bit of a larger development. It may take a little longer than we would typically to construct but that’s about right. It will build out in 2016. Mayor Laufenburger: Okay, good. Well I know there’s a lot of people looking forward to this so thank you Mr. Hoagberg. Any council comment or motion? Councilwoman Tjornhom: I’ll make a comment Mr. Mayor. Mayor Laufenburger: Councilwoman Tjornhom. Councilwoman Tjornhom: One thing I’ve always liked about the city of Chanhassen is that we strive to be a community for life and earlier today in our work session we were talking about all the young families that the average age you know is like 38, 39. They all have kids and there’s kind of a gap sometimes between people who are empty nesters and where do they really fit in and so I think this is a really good step forward to giving them yet another option to stay here for life and so I’m glad you’re here. It looks like a wonderful project and so I will be in full support of it. Mayor Laufenburger: Thank you Councilwoman Tjornhom. Anybody else comment or motion? Councilwoman Tjornhom: I’ll make a motion too. Mayor Laufenburger: Thank you very much councilwoman. Go ahead. Councilwoman Tjornhom: I’d love to make a motion. I’d like to propose a motion that the Chanhassen City Council approves a Planned Unit Development Amendment to the existing standards, site plan approval for the construction of 134 unit multi-tenant senior housing apartment building and 9 twinhomes, and preliminary plat approval to replat 8.64 acres into one rd lot, Block 1, Mission Hills 3 Addition and the adoption of the Findings of Fact. Mayor Laufenburger: Well spoken. Is there a second? Councilman Campion: Second. Mayor Laufenburger: Thank you Councilman Campion. We have a valid motion. Is there any discussion? Councilwoman Tjornhom moved, Councilman Campion seconded that the Chanhassen City Council approves the Planned Unit Development amendment in the attached ordinance for Mission Hills to allow High Density Use on the site and set standards for the structures as shown below with the following conditions, and adoption of the attached Findings of Fact: 14 Chanhassen City Council – February 23, 2015 1.The site must comply with the DNR Shoreland Rules. 2.The site shall comply with the following standards: Mission Hills Zoning Standards a. Intent The purpose of this zone is to create a PUD mixed density housing zone. The use of the PUD zone is to allow for more flexible design standards while creating a higher quality and more sensitive proposal. All utilities are required to be placed underground. Each structure proposed for development shall proceed through site plan review based on the development standards outlined below. Except as modified by the Mission Hills standards below, the mixed density housing development shall comply with the requirements of the R-8, Mixed Medium Density District. Except as modified by the Mission Hills standards below. rd Lot 1, Block 1, Mission Hills 3 Addition shall comply with the R-12, High Density District. b. Permitted Uses The permitted uses within the development shall include the following:  Single Family Residential  Medium Density Residential  High Density Residential c. Setbacks In the PUD standards, the building setback for commercial is 50 feet from any public right-of- way. The High Density parking setback shall be 35 feet from any public right-of-way and/ or interior property line. There shall be a buffer separating the residential portion from the High Density portion of the site. This buffer shall be in the form of a berm and landscaping. The following setbacks shall be observed: Residential Residential Commercial Street High Density Medium Density Parking Parking Building Setback* Building Setback Setback Setback* Highway 101 * 50’ 20’ * Highway 212 * 50’ 20’ * West 86 th Street * 30’ 20’ * 0’(from commercial) 0’ (from commercial) Interior Lot Lines 0’ 0’ 50’(from residential) 35’ (from residential) * Setbacks shall be established pursuant to section 20-505 of the Chanhassen City Code. d. Development Standards Tabulation Box 15 Chanhassen City Council – February 23, 2015 Minimum Lot Size multi-family units: Mission Hills: As approved on October 24, 1994 in the Plat of Mission Hills; Mission Hills th Villas, A Condominium, Common Interest Community No. 8, 9 Supplemental filed April 10, th 1996; Mission Hills Villas, A Condominium, Common Interest Community No. 8, 10 Supplemental filed April 10, 1996; Mission Hills Villas, A Condominium, Common Interest th Community No. 8, 11 Supplemental filed May 7, 1996; and Mission Hills Villas, A th Condominium, Common Interest Community No. 8, 12 Supplemental filed May 20, 1996; nd Mission Hills 2 Addition: Area: 2,100 square feet Width: 46 feet Depth: 47 feet rd Mission Hills 3 Addition: Area: 376,358.4 square feet Width: 480 feet Depth: 620 feet Net Lot Hard Surface BLOCK USE Density Area Coverage Mission Hills 3 rd 152 Multi-Family 8.64 acres 17.5 50% Addition Units 138 Multi-Family Block 1, Mission Hills 18 acres 7.66 37% Units Block 4, Mission Hills 56 Multi-Family Units 8.92 acres 6.28 43.2% RESIDENTIAL 1.Building exterior material shall be a combination of prepainted 5-inch aluminum siding and brick. 2.Arched transoms and soffit returns shall be used over the entries of the one-story units and horizontal transom windows over the 2 story windows. Introduce some variation among the buildings through the shape of windows, adding louvers, shifting entry ways, and adding dormers. 3.Colors used shall be earth tones such as soft gray, creamy white, pearl gray, shell white, etc.). 4.Each unit shall have a minimum of one overstory tree within its front yard. 5.All units shall have access onto an interior street and not 86th Street. rd 6.The apartment building located on Lot 1, Block 1, Mission Hills 3 Addition shall: a.Have pronounced entrance. b.Insure that all foundation walls are screened by landscaping or retaining walls. 16 Chanhassen City Council – February 23, 2015 c.Have materials which include masonry, painted siding, and exterior finish and insulation system (E.I.F.S.) and the structures will have sloped shingle roofs. All elevations that can be viewed by the public have received equal attention. e. Site Landscaping and Screening The planting plans prepared for the site are intended to create a strong sense of street tree plantings using overstory deciduous trees such as Summit Ash, Linden, and Sugar Maple. Highways 101 and 212 will be buffered with a combination of overstory evergreen trees and ornamental deciduous trees. The outdoor private living areas will be buffered with the use of evergreen trees. The wetland will be highlighted with the introduction of native wetland species. In addition, to adhere to the higher quality of development as spelled out in the PUD zone, all loading areas shall be screened. Each lot for development shall submit a separate landscaping plan as a part of the site plan review process. Berms of 2 to 3 feet high shall be added along the Highway 101 and 212 right-of-way. These berms shall be seeded and/or sodded and bushes and trees shall be planted on them. All disturbed areas within the single family lots shall be seeded and/or sodded. Two trees with a minimum of a 2½ inch caliper shall be planted within the front yard setback. These two trees shall consist of one overstory evergreen tree and one ornamental deciduous tree. 1.All open spaces and non-parking lot surfaces (outlot) shall be landscaped, or covered with plantings and/or lawn material. 2.Outdoor storage is prohibited. 3.Loading areas shall be screened from public right-of-ways. Wing wall may be required where deemed appropriate. 4.The Outlot shall be seeded and maintained in a weed free condition in all areas proposed for future development. f. Signage One monument sign along Great Plains Boulevard shall be permitted for Lot 1, Block 1, Mission rd Hills 3 Addition. 1.Monument signage shall be subject to the monument standards in the sign ordinance. 2.Wall signs are permitted on no more than two street frontages. The total of each wall mounted sign display areas shall not exceed 24 square feet. 3.All signs require a separate permit. 17 Chanhassen City Council – February 23, 2015 4.The signage will have consistency throughout the development and shall tie the building materials to be consistent with the signs. Signs shall be an architectural feature, they shall not be solely mounted on a pole of a foundation. 5.Consistency in signage shall relate to color, size, materials, and heights. rd 6.No illuminated signs within Lot 1, Block 1, Mission Hills 3 Additionmay be viewed from the residential section of the PUD. 7.Only back-lit individual letter signs are permitted. 8.Individual letters may not exceed three feet in height. 9.Only the name and logo of the business occupying the unit will be permitted on the sign. RESIDENTIAL One monument identification sign shall be permitted for the residential development. The sign may not exceed 24 square feet in area and 5 feet in height. g. Lighting 1.All light fixtures shall be shielded high-pressure sodium or LED fixtures. Light level for site lighting shall be no more than one-half foot candle at the property line. This does not apply to street lighting. The maximum height of a residential street light shall not exceed 15 feet. rd Light fixtures within Lot 1, Block 1, Mission Hills 3 Additionshall not exceed 25 feet. 2.Glare, whether direct or reflected, as differentiated from general illumination shall not be visible beyond the limits of the site from which it originates. 3.Lights shall be on a photoelectric cell to turn them on and off automatically as activated by yearly conditions. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Councilwoman Tjornhom moved, Councilman Campion seconded that the City Council approves the preliminary plat to replat Outlot E, Mission Hills into Lot 1, Block 1, Mission rd Hills 3 Addition, as shown in plans dated received December 22, 2014, including the attached Findings of Fact and Recommendation, subject to the following conditions: 18 Chanhassen City Council – February 23, 2015 Park and Trail Conditions 1.Full park fees in lieu of additional parkland dedication and/or trail construction shall be rd collected as a condition of approval for Lot 1, Block 1, Mission Hills 3 Addition. The park fees will be collected in full at the rate in force upon final plat submission and approval. Based upon the current residential park fee rates of $3,800 per apartment dwelling and $5,000 per twin home dwelling, the total park fees will be $599,200. Engineering Conditions: 1.The estimated Surface Water Utility fees are $108,921.60. These shall be due with the final plat. 2.The applicant must prepare an operations and maintenance manual that provides for the protection and preservation of the stormwater best management practices (BMPs) to provide for the designed water quality benefit in perpetuity. 3.The applicant must enter into a maintenance agreement with the City and record that agreement against the property. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Councilwoman Tjornhom moved, Councilman Campion seconded that the City Council approves the site plan consisting of a 134-unit senior housing apartment and nine twin homes, Planning Case 2015-01 as shown in plans dated received January 29, 2015, and including the attached Findings of Fact and Recommendation, subject to the following conditions: Environmental Resource Conditions: 1.The applicant shall submit a revised landscape plan for approval. The revised plan shall incorporate increased plantings of evergreens and ornamentals along Highway 101 to provide additional screening for the twin homes at the north end of the project site in order to met minimum bufferyard requirements. Building Official Conditions: 1.The building plans must be prepared and signed by design professionals licensed in the State of Minnesota. A “Code Record” is required (Code Record schematic plans may be same scale as architectural). For “Code Record” information go to MN Department of Labor and Industry website: http://www.dli.mn.gov/CCLD/PlanConstruction.asp. 2.Buildings must be protected with automatic fire suppression systems. 3.An accessible route must be provided to buildings, parking facilities, public transportation stops and all common use facilities. 19 Chanhassen City Council – February 23, 2015 4.Parking areas, including parking garages, must be provided with accessible parking spaces dispersed among the various building entrances. 5.Accessible dwelling units must be provided in accordance with Minnesota State Building Code Chapter 1341. 6.The building owner and/or their representatives should meet with the Inspections Division to discuss plan review and permit procedures (in particular, type of construction and allowable area issues must be addressed). Fire Marshal Conditions: 1.A three-foot clear space must be maintained around fire hydrants. 2.“No Parking Fire Lane” signs and yellow painted curbing will be required. Contact Fire Marshal for specifics. 3.Street names are required for the main road entering the project and the loop road serving the twin homes. Street signs shall be installed prior to building construction. Proposed street names must be submitted to Chanhassen Fire Marshal and Chanhassen Building Official for review and approval. 4.Fire hydrants shall be installed and made serviceable prior to combustible construction. 5.Prior to combustible construction fire apparatus access roads capable of supporting the weight of fire apparatus shall be made serviceable. 6.In lieu of a fire lane to the back side of the building, additional fire protection features shall be provided, including but not limited to Class 1 standpipes installed per Fire Department requirements. 7.Provide to Chanhassen Fire Marshal radius turn dimensions for accessing the building. The concern is the center islands for getting fire apparatus to the front doors. Engineering Conditions: 1.The grading plan must show a spot elevation between the two buildings near Infiltration Basin No. 5, to show that water will flow away from both structures. 2.Proposed grades at the northwest corner of the western parking lot must be revised so as not to exceed a 3:1 slope. 3.The following materials are prohibited for retaining wall construction: smooth face, poured- in-place concrete (stamped or patterned is acceptable), masonry, railroad ties and timber. 4.Walls taller than six feet shall not be constructed with boulder rock. 20 Chanhassen City Council – February 23, 2015 5.Any wall taller than four feet must be designed by a professional engineer licensed in the State of Minnesota. 6.If a wall is taller than six feet, a fence or other barrier would be required to provide separation from any drive or walkway within 10 feet. 7.The top and bottom wall elevation must be labeled on the southwestern retaining wall. 8.The plans must show names for these streets. 9.The developer’s engineer must submit documentation that the street pavement meets a 7-ton design. 10.The plan set shall include turn movements for a fire truck to navigate the medians for entry access to the main building. 11.The developer shall incorporate the recommendations from the traffic study into their plan set. 12.The parking lot aisles must be a minimum of 26 feet wide. 13.Pedestrian ramps shall meet ADA requirements. 14.All water main and sanitary sewer main constructed in this project shall be privately owned and maintained and must meet the city’s requirements for public utilities. 15.This parcel has paid the city for one water and sanitary service hook-up. All additional units must pay a water and sanitary service partial hookup fee at the time of final plat. 16.The developer shall work with the Building Department to determine the City SAC and WAC fees for the main building. 17.All work within the MnDOT right of way must be approved by MnDOT. 18.A full SWPPP meeting all the requirements of the NPDES permit must be provided to the city for review and approval prior to recording the final plat. 19.The applicant shall evaluate the practicality of implementing, to the “maximum extent practicable”, volume-reducing practices including re-use. 20.All swales directing surface flows towards surface water features, including but not limited to storm sewer infrastructure, and off the subject property shall be stabilized within 48 hours of cessation of grading activities. 21.Erosion control blanket shall include the swales in their entirety. 22.The design of the stormwater BMPs shall follow the guidelines of the MN Stormwater Manual unless the City Engineer agrees to a deviation for those guidelines. 21 Chanhassen City Council – February 23, 2015 23.Pretreatment shall be provided for all filtration basins accepting water from driving and parking surfaces. 24.A planting plan for the filtration features will be required before recording the final plat. 25.It is the applicant’s responsibility to assure that permits are received from all other agencies with jurisdiction over the project. 26.Topsoil shall meet, at a minimum, MnDOT specification 3877-2 “Loam Topsoil Borrow”. 27.It is the applicant’s responsibility to assure that permits are received from all other agencies with jurisdiction over the project. Planning Conditions: 1.The applicant shall work with staff to improve the screening of the southwesterly portion of the site through the use of berming and landscaping. 2.All rooftop and ground equipment must be screened from views. The site is permitted one monument sign facing Great Plains Boulevard. Sign illumination and design shall comply with ordinance. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Laufenburger: Thank you staff and development and Ebenezer. We’re looking forward to having you being a vital element of this community. Thank you very much. TH 610 WEST 96 STREET: REQUEST FOR VARIANCE FOR AN ACCESSORY STRUCTURE IN EXCESS OF 1,000 SQUARE FEET ON APPROXIMATELY 4.5 ACRES ZONED AGRICULTURAL ESTATE (A2); APPLICANT/OWNER: ROBERT AND CHRISTIN BOECKER. Kate Aanenson: Thank you Mayor, members of the City Council. This item is a request for a variance that appeared before the Planning Commission back in November. The applicant asked rd to be extended to this date, February 23 and the reason it’s before you today is that it didn’t have the super majority for the Planning Commission. Therefore it was appealed by the applicant. It was denied. Excuse me, it was denied by the Planning Commission but the th applicant has the right to appeal any decision. The location is 610 West 96 Street. The subject th site again off of, gets access off of West 96 Street and 101. This is Pioneer Trail. So this is the subject site here. So the property is requesting a variance to construct 38.5 foot by 48 foot horse shelter expansion which is approximately 1,848 square feet on the existing pole barn and 11 foot by 24 foot day shelter. So the existing, the city code that applies to this would be structures. That was adopted in 2007 that says you can’t exceed 1,000 square feet and then also the agricultural district, the A2 district has four accessory structures that he already has a combined square footage of 12,706 and with the expansion there’d be 14,818 square feet. So the history of this property was in 1986 a permit was given for the 24 by 20 garage. That’s number 1. In 2000 22 Chanhassen City Council – February 23, 2015 the City issued a permit for the 48 by 72. That’s number 2. And then in number 3, in 2002 the City issued a permit for a 48 by 100 steel arch building and number 4 we didn’t have record of a building permit being issued for that one. And this is the request before you now. This issue, a stop work order was issued on it after we received a complaint from someone that stated that a structure was going on so. So a history of variances in the neighborhood. Most recently the Planning Commission did approve one on this property for a horse barn and that was just slightly over the 1,000 square feet. But then you can look at the variances here for the 7,120 square feet. That structure was denied. And then a variance for 1,800 square feet, accessory structure was approved on this building here. And then on this subject site there was a 2,560 square feet approved on this site here. And then just in that same area, this is off of Homestead Lane there was approval for a variance for 1,177 structure so just kind of to give you the sense of what’s in the area. So this one, the subject site is the largest as far as square footage of accessory buildings in the area and again when we adopted the ordinance was to limit the proliferation. If you look at agricultural use and not being able to operate a business out of your home, the intent was there. If it’s for agricultural purposes. For people that have horse barns. People that have those type of activities related to the property itself, agricultural. So we looked at prohibiting those and if they came to the Planning Commission, if they were over on a case by case basis. If it met the intent of the ordinance just like the last one the Planning Commission looked at was for 4 horses. They did grant a variance on that. Making it large enough for the owner to keep hay in the barn. So that’s kind of again a history. I’m not sure if you can see all those square footages if you want to go through but you start at, most of them on the north side. 2,000 square feet. 3,000. 4,000. 4,000. 1,300. Again this subject site being the largest. So the applicant is requesting again to add onto the existing structure intended for agricultural purposes, as they’ve stated in their application. Existing building with the addition on the site. Mayor Laufenburger: So just a moment. Are we looking at what you identified as building 2? Kate Aanenson: Correct. Mayor Laufenburger: Okay. And this is a picture that was taken when? Kate Aanenson: Last fall. Mayor Laufenburger: About the time of the stop work order. Kate Aanenson: Correct. Mayor Laufenburger: Okay. Kate Aanenson: There’s a close up of that. So this is the existing other, existing storage building. Mayor Laufenburger: Which one is? Kate Aanenson: This is I believe the one that’s furthest. 23 Chanhassen City Council – February 23, 2015 Mayor Laufenburger: South. Kate Aanenson: Most southerly one, correct. Mayor Laufenburger: Okay. Kate Aanenson: And then this would be the one that we didn’t have a record of permit on. Mayor Laufenburger: Okay. Kate Aanenson: So with that the Planning Commission denied the variance request and directed the applicant to demolish the horse barn shelter expansion and adopt the Findings of Fact 7-0 so they were unanimous in their recommendation so again the applicant has requested appeal which as anybody aggrieved of a decision has a right to appeal and requested to be on this one. This meeting date. So with that we are still recommending denial of the variance request and still recommend the demolition and adoption of the Findings of Fact so I’d be happy to answer any questions that you have. Mayor Laufenburger: Okay. Before I ask the applicant to come forward, are there any questions of staff at this time? Councilman McDonald. Councilman McDonald: Ms. Aanenson, I’d like to get a clarification. You said a stop work order. Was that because you found out that construction of a building was going on? Kate Aanenson: Yes. We were informed by someone that there was a building going on. Councilman McDonald: Okay so no permit had been pulled for this building that was under construction. Kate Aanenson: The addition, that’s correct. Councilman McDonald: Okay, thank you. Mayor Laufenburger: Any other questions? Councilwoman Tjornhom. Councilwoman Tjornhom: Yeah, is it okay if we go back to the picture of, okay. So according to the Planning Commission you know they denied the request for the variance and action will be to demolish what we see under construction right now, is that correct? Kate Aanenson: That’s correct. Councilwoman Tjornhom: Could he just leave it the way it is or does he have to take down every, I mean what has to go? Kate Aanenson: Well I guess. 24 Chanhassen City Council – February 23, 2015 Councilwoman Tjornhom: If that would be something council, the direction council would go. Kate Aanenson: Well the additional part that was put on is that area there. That was what their recommendation was. Councilwoman Tjornhom: Okay so starting from where the framing starts. Kate Aanenson: Yeah, correct. And I didn’t show the, let me just back up. Where the other, oops. Sorry. I’ll go to the slide that showed the areas here. We talked about the additional 264 square feet that was also shown on this site. Mayor Laufenburger: Is that 264 square feet, is that, that’s part of this request as well? Kate Aanenson: That’s correct. Mayor Laufenburger: Okay. Kate Aanenson: I’m sorry I didn’t, I jumped over that but that’s for that one shown. Councilwoman Tjornhom: I’m sorry, I’m not understanding that. Can you go back? Kate Aanenson: That one’s kind of an open area to give you a cover. So it’s really just a roof and structure. It’s not enclosed. Councilwoman Tjornhom: Okay. Kate Aanenson: I’ll let the applicant addressed specifically more how that’s being used. Councilwoman Tjornhom: Okay. Mayor Laufenburger: Any other questions of staff at this time? Councilwoman Ryan: I do. Is there a maximum accessory structure and where is? Kate Aanenson: The City ordinance in this district allows 25 percent. I just add up the accessory structure and you’re close, with what’s being proposed. What’s there right now, just the accessory. Not the house is close to 20 percent. Excuse me 17 percent. With the addition you’re close to 20 percent. That doesn’t include the house and I took off what’s on the wetland because we don’t count the wetland area towards the upland so you’re getting close to the 25 percent. Councilwoman Ryan: So is it, was it denied or was the issue the size of the structure? The number of structures. The fact that a permit wasn’t pulled. Kate Aanenson: The fact that the permit wasn’t pulled wasn’t the main point. I mean that’s important because we have no record of a permit on another building there but the main point is, 25 Chanhassen City Council – February 23, 2015 we have a limit on accessory structures. This one has by far the most accessory structures. The reason we limit those is because if they’re for agricultural purposes people have horses and the like, that’s what the proposed intent is. Not for other types of activities. One of our biggest problems that we have is other types of uses out of accessory structures. Any business and the like has to be in the principal structure and it can’t be in an accessory structure. Often these types of uses become, these types of buildings are used for commercial businesses and those become a complaint problem so that’s why we went back. We were having a number of problems with those and so we went back in 2007 and regulated those. Controlled those so we know what they were, who was building them and what they were for. Mayor Laufenburger: But isn’t it true, to piggyback on what Councilwoman Ryan is asking, the ordinance that limited the accessory structure size in 2007, if structures were in place prior to 2007 do we have any record where we went in and said you have to take a structure down? Kate Aanenson: No. We’re not saying that. Mayor Laufenburger: Okay. So that would essentially, would that qualify as quote, legally nonconforming? Kate Aanenson: Correct. I would say except for the one. Mayor Laufenburger: The building. Kate Aanenson: The buildings, yeah. Except for the one we don’t know about the permit, yes. The other one, there’s two that were permitted. Those are nonconforming. Legal nonconforming, correct. Mayor Laufenburger: Okay. So in that case let’s based on what we’re looking at right now, Building 1. Building 2 and Building 3 clearly legally nonconforming. And though Building number 4 we don’t have record of that being built, if it was in place prior to 2007 would it be automatically called legally nonconforming? Kate Aanenson: I would have the City Attorney address that question. Mayor Laufenburger: Mr. Knutson, can you answer that question? Roger Knutson: If it met the requirements of a zoning ordinance at the time when it was built then it would be legally nonconforming. Kate Aanenson: But it didn’t get a permit. Roger Knutson: That, the issue on the permit depends on if you’re building an agricultural building for agricultural purposes as a defined term you don’t need a building permit. Mayor Laufenburger: You mean prior to 2007? 26 Chanhassen City Council – February 23, 2015 Roger Knutson: Now. Even now. Mayor Laufenburger: Even now. An agricultural building does not need a building permit. Roger Knutson: That’s correct. Mayor Laufenburger: If it’s in an agricultural zone. Roger Knutson: That’s correct. Mayor Laufenburger: Thank you Mr. Knutson. Okay, Councilwoman Ryan I intercepted your question there a little bit. Councilwoman Ryan: No. Mayor Laufenburger: You’re okay? Councilwoman Ryan: Yes I’m good Mayor, thank you. Mayor Laufenburger: Okay, alright. Anybody else any questions? Is the applicant present tonight and would the applicant like to make a comment? State your name and address please. Chapin Hall: Yes. My name is Chapin Hall. I’m an attorney from Minnetonka, Minnesota and. Mayor Laufenburger: What’s your address Mr. Hall? Chapin Hall: It’s the Commons Minnetonka, Suite 204, 14451 Highway 7, Minnetonka 55345. Mayor Laufenburger: Good. I think our recording secretary got that. Chapin Hall: Okay. Mayor Laufenburger: Thank you. And Mr. Hall, are you the applicant? Chapin Hall: I am representing the applicants. Mayor Laufenburger: Okay. Chapin Hall: Mr. Boecker is here as well and I’d just like to say it’s my pleasure to be here tonight and it’s my privilege to represent Robert and Christin Boecker regarding this variance request. I believe the staff has done a great job of giving sort of the history and what I’d like to do is just touch on the history. Talk about sort of the big picture and then drill down to the details on this variance if I may. Mayor Laufenburger: Okay Mr. Hall I just want to remind you of a couple things. Number one, be sure to address your comments to me. 27 Chanhassen City Council – February 23, 2015 Chapin Hall: Yes. Mayor Laufenburger: And number two, be aware of the fact that the council has reviewed the packet which includes comments and the verbatim from the Planning Commission and so what we are most interested in is if there’s some new information. Chapin Hall: Perfect. Mayor Laufenburger: Okay? Chapin Hall: Thank you very much. Let me then address the first issue which was the four existing accessory structures were all in place as of May 29, 2007. That’s when Section 20-904, the accessory structures had the amendment that then said okay we’re going to limit that to 1,000 square feet. So essentially where you’d say legally nonconforming, the way I would describe that is they were sort of grandfathered in. That’s another way of saying the same thing. Mayor Laufenburger: Okay. Chapin Hall: So these structures were grandfathered in. So let’s talk about the concern about that amendment. The concern is that the accessory structures may be used in conjunction with home occupations. They become a common cause of complaints, traffic, parking and noise. But in this case the Boeckers have never had a complaint and furthermore the Boeckers do not use their accessory structures in conjunction with a home occupation. There was some concern at the Planning Commission level about some of that and a couple of Mr. Boecker’s business associates used his address as a delivery place. That’s all come to an end so there isn’t any occupation that’s going on with the accessory structures. The next concern that’s raised is that the property may be sold in the future and the new owner may want to run a business out of these accessory structures. Great concern. Easily understood. However it just simply doesn’t apply in this case and this is why. The four accessory structures already exist on the property. The proposed addition, keep in mind the proposed addition is for a horse stable. That’s what the addition is and so whether or not, let’s just say that the council turns down the request for a variance. Those four accessory structures are still going to be there. Some day when the Boeckers sell the property, whoever the new owner is, those accessory structures are going to be there. That person is or isn’t going to run an occupation out of that based on a horse stable. Now the Boeckers specifically purchased this property with the goal of having horses some day and they believe as their neighbors all agree that having horses in this part of the city is perfectly appropriate. And in fact the City has specifically determined that a variance for a horse stable is one, an appropriate use of an accessory structure in keeping with the character of the neighborhood and two, entirely consistent with the 2013 Comprehensive Plan. And the reason we know this is because the council has approved such projects. The projects that we talked about, the other variances that have been granted. Mayor Laufenburger: Mr. Hall I think we’re clear on what other variances have been approved so you can skip over that portion of your presentation. 28 Chanhassen City Council – February 23, 2015 Chapin Hall: Thank you. So let me move then specifically to Section 20-58. These are the specific criteria for granting a variance and there are 6 specific criteria. I’m sure Your Honor and the council is familiar with them. Number 6 doesn’t apply. That applies to earth structures and we don’t have that here and neither did any of the other ones. And so when we look at number 1 where the variance shall only be permitted where they are in harmony with the general purposes and intent of the chapter and when the variances are consistent with the Comprehensive Plan. This proposed variance is precisely in harmony. The proposed variance has identical architecture to the already existing building to which it is an addition. We saw the picture of it there. You can hardly even tell where the roof line is and where the change is. It fits right in. And the use, which is a stable for horses has already been approved via variance request approval for other neighbors in the A2, Agricultural Estate District. So we know that the idea of a horse stable with horses in the A2 district, that’s a good use. That fits in with the neighborhood. Therefore the Comprehensive Plan contemplates that horses being stabled in the A2, Agricultural Estate is consistent and also consistent just with the whole idea of the highest best use. And keep in mind that before any subdivision or further development can occur the City Planning Commission must be engaged in further oversight will occur so I invite and respectfully submit to Your Honor and to council that we not speculate about a potential future buyer running a business out of there. That we look at what’s actually on the table now. I can tell you the Boeckers have a 2 year old son, Grayson. They plan to be around for a long period of time. The Boeckers propose to use the property in a reasonable manner not permitted by this chapter, and this is criteria number 2. And there is some new information since the Planning Commission because the Planning Commission did on January 20, 2015 approve a horse stable under very similar circumstances and I don’t know if you have those Minutes but the Minutes th from the January 20 are very instructive and part of it is because of the specific information that went into, there was more of an explanation about the needs of the horses and that was a case where you were looking at 4 horses on 2 ½ acres and there was a question about a variance, which was 1,440 feet. Square feet in that so there’s no question it requires a variance. And what happened was, was that you need to have enough area for each individual horse to have their own separate stall and Carol Dunsmore interacted with staff on that case and Carol Dunsmore has interacted with the Boeckers on this case. And Ms. Dunsmore is in charge of inspecting stables and she explained that horses need enough room to have room to stand up and room to lie down and there needs to be enough room for each stall so that the horse is able to get up without getting stuck and the word to use is cast. Cast means getting stuck under the stall. And also we need to take into account and part of the reason for the size of the project, there’s two pieces to that that I want to emphasize is the Boeckers are looking to have 2 horses at the present time but they’d like to have enough space so that they could have 4 horses in the future. Add 2 more in the future, they’ve got that flexibility and so that’s part of the size. They really don’t want to come back and go through this again. Mayor Laufenburger: So it sounds like Mr. Hall then this particular point, you’re trying to identify that this is the space that’s needed for 2 and possibly 4 horses. Chapin Hall: Correct. Mayor Laufenburger: I agree. 29 Chanhassen City Council – February 23, 2015 Chapin Hall: And for the feed. Mayor Laufenburger: Okay. Chapin Hall: And for the feed because they have to have a 5 month supply of hay during Minnesota winters because fresh hay won’t be available and let’s see. Going onto number 3, the purpose of the variance. It says the purpose of the variation is not based on economic considerations alone and that is certainly the case here. It meets this criteria. The purpose of the variance is to build a stable that will allow 2 horses adequately stabled. It’s a quality of life issue. Just like the other horses that are stabled in the A2 lots nearby. And then the fourth one is the plight of the landowner is due to circumstances unique to the property not created by the landowner. The variance request here results from the grandfathered in structures and so when you look at this parcel, every other parcel whether it has as much accessory space or less th accessory space, once you have May 29 of 2007 come in, all those parcels are the same and when you’re talking about okay, I want to add something more than 1,000 square feet, it’s got to go through the variance process and we just don’t believe that the Boeckers should be penalized because they built perfectly appropriate buildings at the time. Now could they be building these buildings now? No, but they got, they were all in existence and got grandfathered in. So the plight of the Boeckers is the same as the Haverly’s who were just approved by the commission th on January 20. And I know that no two cases are identical. I’m not trying to argue that you have to approve it because you approved the Haverly’s but I think the Haverly’s situation was very instructive. And then number 5, the variance if granted will not alter the essential character of the locality. The essential character will not be altered. The accessory structures are already there. Other stables are already there. Here we’re talking about adding on a stable to the already existing pole barn. And so one other thing I just simply want to touch on is because I don’t th know if it’s part of your packet but specifically the Planning Commission on January 20, and this was Senior Planner Sharmeen Al-Jaff and she indicated when she was talking about the staff report. However if you have an agricultural use that met the intent of the ordinance then it would be up to the Planning Commission and City Council to evaluate those situations and determine if that variance would be approved and in this case having horses on site is a use that is compatible with agricultural uses and again staff is recommending approval. And so the idea of a horse stable and horses on these, and again this is all in the A2, Agricultural Estate and I think that’s very important. One other thing I just simply wanted to add in as well is, is that horses average about 1,000 pounds and they need to eat 2 percent of their body weight per day. That’s about 20 pounds in normal temperatures and when the temperature gets below zero horses actually stay warm by eating more food. That’s what’s called a hindgut fermenter is where they use the bacteria in their digestive tract and a by product and that’s how they heat up and stay warm. And so the whole idea is, is you can’t put these horses in any of the other accessory structures that are there because it has to have certain building criteria to keep them warm in the wintertime. To allow air flow and to have it cool in the summertime so they can regulate their temperature so that the Boeckers can have enough room for 4 stalls and 4 horses which we know is the perfectly th appropriate number because that was just approved on January 20 so the number per se and to have the space to bring in the hay in the wintertime to adequately take care of the horses. I hope that addresses the concerns. I’m happy to answer any questions that Your Honor or the council may have. 30 Chanhassen City Council – February 23, 2015 Mayor Laufenburger: Does the council have any questions of Mr. Hall? Councilman McDonald: Mr. Mayor? Mayor Laufenburger: Mr. McDonald. Councilman McDonald: Well good evening and thanks for the walk through. It answers a lot of questions. Is the 1,848 square feet, is that for the horses or does that also include usage within that facility structure number 2? Chapin Hall: It’s for the horses. It’s to allow adequate room, more than adequate room for 2 stalls but enough room to have 4 stalls eventually if they so decide but it’s to house the horses. To have the right size so they can lie down and stand up and to also have the hay in the wintertime where it’s separate, away from other buildings. Away from the house so that adequate hay can be stored in for the wintertime and it’s right there and handy. Councilman McDonald: Okay and I guess, you know you’re probably familiar with, well I guess I’ll call it cabin law in Minnesota about nonconforming structures that are within the boundaries of a lakeshore. Are you familiar with those laws? Chapin Hall: Yes I am. Generally yes. Councilman McDonald: And basically they’re also nonconforming uses. However if something happens to one of those structures and you try to re-build it, you have to re-build it exactly as it was upon the footprint that was there. Would you agree with that? Chapin Hall: Yes, that’s generally true. Councilman McDonald: Okay. Tell me how that differs on number 2 where what your client is doing is basically re-building structure number 2. At that point doesn’t it lose some of it’s status as being a prior nonconforming structure? He now needs to bring it up to code. Chapin Hall: Well what they’re doing is the structure’s perfectly good as is but what they’re doing is they’re adding onto it specifically for the horse stable and making it look seamless and beautiful so that, I’ve been out to the property and, because I wanted to take a look at all of this for myself first hand and when you stand there, that’s a perfect pic. When you stand there, once this is finished off with the stables on the right hand side of the picture, you’ll look at that and go, wow. That looks like it was all built all at one time. Councilman McDonald: However you know and there’s case law against what you’re arguing because if you go and try to add onto one of those structures it now has to conform with whatever the zoning regulations are which means a lot of people either tear down their cabins and move them back so they can do a bigger cabin or they don’t add on. Chapin Hall: Right and what we have here is we don’t have an encroachment on the lakeshore. We don’t have any setbacks issues. 31 Chanhassen City Council – February 23, 2015 Councilman McDonald: No, no I’m not saying you do. What I’m saying is, is that your argument is that this is a nonconforming structure. However you’re now adding on to a nonconforming structure and what I’m asking is, well then doesn’t lose it’s nonconforming status at which point it must now conform to whatever the zoning laws are. Chapin Hall: I would disagree with that because it’s an addition on to comply with the Comprehensive Plan and also to architecturally look nice. Councilman McDonald: Okay, we’ll leave it at that. We could probably disagree on that and that would be a matter of law to be addressed. The other thing we talk about businesses. Are you aware of how many businesses are registered at this address? Chapin Hall: Yes. There were some businesses registered at the addressed. Councilman McDonald: Do you know the exact number? Chapin Hall: I don’t know. I believe it was 4 or 5. Councilman McDonald: Do you know what those businesses are? Chapin Hall: Some of the businesses have to do with motorcycle parts and repair. Councilman McDonald: Okay one of them is, your client does salvage lumber which I understand he processes on site wherever he finds the lumber. However paperwork and those things are handled from a home office. Would you agree with that? Chapin Hall: That’s correct. That’s his existing business at the present time, yes. Councilman McDonald: Okay. And then what’s Boecker’s Properties? What do they do? Chapin Hall: Boecker’s Properties is, Bob do you want to handle this? Robert Boecker: We own townhomes. Mayor Laufenburger: I just, Mr. Hall you’re welcome to answer any questions you can but if you’re going to ask Mr. Boecker to speak, then I would ask him to come up to the podium so that our, so we can record it if anybody’s listening so. Chapin Hall: Of course, yes. And I want to get accurate information and I want to be sure it’s accurate so Bob why don’t you come on up to the. Mayor Laufenburger: Invite him to join you. And just for the record would you please state your name and your address please. th Robert Boecker: Yep, Robert Boecker, 610 West 96 Street, Chanhassen, Minnesota. 32 Chanhassen City Council – February 23, 2015 Mayor Laufenburger: Great. Councilman McDonald: Okay so tell us a little something about Boecker’s Properties. Robert Boecker: Boecker’s Properties. Councilman McDonald: Yeah, what does it do? Robert Boecker: My wife used to be in mortgages and at the time we bought multiple properties and rented them out so that’s the LLC that we used when we owned those properties. But we no longer, we sold off all those properties but we still have that LLC just in existence. Councilman McDonald: Okay, so it also was pretty much just a paper LLC. Robert Boecker: Correct. Councilman McDonald: What’s the other one? The Devaan-Sellers. Robert Boecker: Devan-Sellers and Cheap Thrill Motorsports are two of my friends that race, that I race with and we set those up so that when we, I also restore vintage motorcycles and when we need to buy parts for those, in order for us to get discounted parts we need to have an established business name and address in order to do that. To get to buy basically parts at wholesale price. Councilman McDonald: Okay so Cheap Thrills Motorsports is part of that so those two are really kind of one entity more or less? Robert Boecker: Yep. Yep. Councilman McDonald: Okay. And you say what it’s for, it’s for restoring motorcycles that you find. How many motorcycles do you end up restoring in a given period of time? Say 6 months to a year. Robert Boecker: Maybe 3 or 4 but most of them I collect. I have a collection of cars and motorcycles and snowmobiles. Councilman McDonald: How many motorcycles do you currently have? Robert Boecker: 12. Councilman McDonald: And what happens, now you said you buy parts to restore these. Robert Boecker: Right. Councilman McDonald: Then what happens to the other parts? 33 Chanhassen City Council – February 23, 2015 Robert Boecker: The old parts? Councilman McDonald: Yeah the old parts and so in the Planning Commission you had said something about you sell them on Craig’s List. Robert Boecker: Well at the commission I posed the question that if I’m restoring a truck and I need to replace the fender or I decide to but the fender is savable and I sell that on Craig’s List, is that running a business? I posed that question because then yes, I will take the fender off of something that I’m restoring and instead of throwing it away I will sell it so you know is that considered running a business? Councilman McDonald: Well at any given time when you’re refurbishing these motorcycles, how many parts are salvageable versus how many do you have to buy new? Robert Boecker: Well that totally depends on the condition of the bike when you get it so, you might be replacing 50 percent of the parts on it. On a bike. Councilman McDonald: And then do you sell these parts as is or you know do you refurbish them or do you do anything with them? Robert Boecker: No, just as is. Councilman McDonald: Just as is. And. Robert Boecker: Or keep them for future use because some of them can be refurbished and then would be able to be used on one of those bikes in the future if one of those bikes has that part go out. Councilman McDonald: Okay and so you sell these on Craig’s List? Robert Boecker: Well I collect them. Councilman McDonald: You collect them. Robert Boecker: Yep and race. Councilman McDonald: Okay. So when I do a Google search on Cheap Thrills Motorsports and I get a site on EBay listing parts, is that your’s? Robert Boecker: That is not mine. Councilman McDonald: Who’s is that? Robert Boecker: That’s Eric and Chase Devaan and Sellers. That is the Cheap Thrills Motorsports. My name is not on Cheap Thrills Motorsports. 34 Chanhassen City Council – February 23, 2015 Councilman McDonald: But, well now wait a minute. According to the State of Minnesota your address is listed as the primary address for this business. Robert Boecker: Right, so that we could use it to buy parts but the business, that business that they have, you know they’re running. They’re doing the racing is not part of myself. And actually if you Goggle search, that’s what we touched on earlier was that they had sold some parts and that has since stopped so. Councilman McDonald: So when you say sold. Mayor Laufenburger: Just a second. What has stopped Mr. Boecker? Robert Boecker: Any type of part sales on a site like he’s. Mayor Laufenburger: By you? Robert Boecker: I don’t sell any, no. Mayor Laufenburger: And by Mr. Devaan and Mr. Sellers? Robert Boecker: Not from my property, they do not. Councilman McDonald: Okay going back to these parts you say everything stopped. Then why on EBay are you still the contact for all of this? Robert Boecker: I am not. Councilman McDonald: Why are there over 8 pages worth of parts? How can this be from refurbishing motorcycles? Robert Boecker: This is, well when they tear them down they sell the parts but this is not me. I don’t, I have nothing to do with Devaan-Sellers and Cheap Thrill Motorsports. Those are their entity. Is my name on any of those? Councilman McDonald: Now legally you are associated with them because you’ve allowed your address to be used as their place of business so whether you’re running the business or they’re running a business, a business is being run on your property. Now whether you’re involved in it or they’re involved in it doesn’t make any difference at this point. There is a business there. That’s what I’m trying to get at. Would you agree with that? Robert Boecker: Not any longer there is not. Councilman McDonald: When you say not any longer, you were just before the Planning Commission not more than 2 ½ months ago, was there a business being run at that time? 35 Chanhassen City Council – February 23, 2015 Robert Boecker: Yes there, well there was the sale of parts and so that is considered, would be. Councilman McDonald: Okay well you seem to go round and round circles about that when you were asked about that by Mr. Aller who was the Chairman of that commission. He couldn’t seem to get a straight answer out of you and that’s where you bring things about Craig’s List. There is a difference between Craig’s List and EBay. On EBay I understand why you would want to be incorporated because there is a liability issue for any retailer selling parts. So that again circles back to why are you incorporated if you have nothing to do with it and yet there is a business that you’ve just admitted to being run off your property. Robert Boecker: But my name’s not on that. I don’t have anything to do with the actual sale. Councilman McDonald: Again it doesn’t make any difference if your name’s on it or not. The fact is a business is being run on your property. And then we get back to the issue of why do you need such an extensive number of out buildings? I will concede the fact that as of 2007, whatever’s there is there and it’s off the table so you can have whatever’s there. Going forward you do have to meet the ordinances and the requirements. Now if we take that as the premise going forward, now what you’re asking for is a variance of about 800 and something square feet. If we were to say no. You have to live within what the ordinance says, 1,000 square feet and that’s it, are you going to be able to still continue with that? You may not be able to get 4 horses. Maybe you can get 3. Robert Boecker: I would like to proceed as originally drawn up. I guess the expense of doing that, removing that from the design would be kind of an extensive and expensive undertaking. I’d prefer to go as designed and make sure that we meet any type of business requirements as far as your concerns with sales or any type of EBay sales that happened out of this location. I’d rather make sure that we comply there fully, whatever it would take to do that. Councilman McDonald: Well are you using any of these buildings as a warehouse? Robert Boecker: This, what you see on the left hand side is all, is where I keep all my motorcycles on that side so that’s, so I have parts off of those motorcycles, yes. Councilman McDonald: Okay and who’s parts are those? Your’s or your friends? Robert Boecker: My parts. They do, they have race bikes there though. So they do have race bikes there so I can’t say that it’s all mine because they have a couple plastics that are off of their bikes at my house. Councilman McDonald: Okay. I guess where I’m going with this and I disagree with your counsel is the fact that if you make a modification to a nonconforming structure, I believe under the law you’ve now got to make that a conforming structure which means we need to relook at the square footage. We’ll turn that over to the City’s Attorney and get an opinion on that because I’m just you know giving you my opinion. Robert Boecker: Right. 36 Chanhassen City Council – February 23, 2015 Councilman McDonald: But I think that you know if we’re going to look at all of this then we probably need to look at it and find out exactly where you’re at as far as the ordinance is concerned and if you’re going to add onto this building, that’s a question I’ve got is, okay does that affect the rest of the building because you’ve connected the roof so it’s now one building. You’ve got the walls in common. You’re now adding on to an existing structure and I think at that point you bring the whole structure back into question and so now you’re already at that point in excess of the 1,000 square feet that the ordinance would allow so we wouldn’t really need to approve the stuff you’re adding on. I mean that’s where I think this needs to go is we need to get a legal question answered is that, if you’re now going to modify a nonconforming structure, does that mean it needs to be brought into compliance with the current zoning laws. Mayor Laufenburger: And just Mr. McDonald, just for clarification for me and for other members of the council. What you’re suggesting is, if the non-conformance, if the legal non- conformance is lost because he’s adding to this building, then this building would be subject to agricultural building use. Is that what you’re saying? Councilman McDonald: That’s what I’m saying. It needs to go back and if you’re going to take that cloak off of it at that point I think the whole thing needs to be looked at and what I’m basing this on is cabin law because at that point, and that is no different. That is also zoning issues and anytime you go in and you do a modification to a nonconforming structure you now have to meet the zoning requirements and there are cases that you can go look at where they’ve had to either tear down the cabin or they had to tear down the add-on. So that’s where I think we’re at is that you’ve raised the legal issue here that needs to be resolved before I feel that we could actually vote on this. Mayor Laufenburger: Okay. Mr. Robert Boecker: Can I ask a question? Mayor Laufenburger: Just a moment please. Mr. Knutson, would you like to comment on Mr. McDonald’s questions or thoughts? Roger Knutson: Sure. A nonconforming structure is, you can’t expand a nonconforming structure. Mayor Laufenburger: You can not expand a nonconforming structure. Roger Knutson: Unless you bring the structure into conformity as a general law. Mayor Laufenburger: Okay, so that would be your legal opinion. Roger Knutson: That’s correct. Alright. Just a moment Mr. Boecker, okay? Mr. McDonald, do you have any other questions at this time? 37 Chanhassen City Council – February 23, 2015 Councilman McDonald: Well I think we, this is the big issue. The whole thing about the businesses, yeah we can look into that a little bit more but that would probably deal with other issues besides whether we can do the buildings or not. I think this is the issue that’s got to be decided as to whether or not this building can continue to exist or if it has to now conform with existing zoning. Mayor Laufenburger: Okay, alright. Roger Knutson: If I could. Mayor Laufenburger: Mr. Knutson. Roger Knutson: I could just quickly read it. It’s one sentence. Mayor Laufenburger: And what are you referencing from here? Roger Knutson: State Statute 462.357, Subdivision 1e. Any nonconformity, including the lawful occupation or use of land or premises existing at time of adoption of additional controls under this chapter may be continued until repair, replacement or restoration, maintenance or improvement but not including expansion. Mayor Laufenburger: Thank you Mr. Knutson. Mr. Hall, do you have a comment on that at all? Chapin Hall: I do. One of the reasons we’re here in this variance proceeding is because, I got involved in this late. Mayor Laufenburger: I would agree with you. That is one of the reasons this is here. Chapin Hall: Right. And what we’re asking for is the council does have the authority to approve the variance even if it now includes legally if you want to, the whole building. Mayor Laufenburger: Right. Chapin Hall: That can still be a variance because it’s in excess of 1,000 square feet and whether it’s 840 square feet in excess or you say it’s now going to be the whole building because of that. Mayor Laufenburger: Right. Chapin Hall: The council still, to me there’s a distinction there but it’s not a critical one when we’re looking at the six part test and the real life quality of life issue that Bob and Christin Boecker just simply want to have horses on their property. Mayor Laufenburger: Sure. Okay I would agree with you. We as a council we are often reminded by our legal counsel that we can do anything that we want. Oh excuse me. Chapin Hall: No I’m just saying it’s not an insurmountable problem but it does require. 38 Chanhassen City Council – February 23, 2015 Mayor Laufenburger: I would not disagree with you. It is not an insurmountable. Mr. Boecker, you had a question. All I would ask is that there are other council members that may have questions. Could I ask you to hold your question for just a second please? Robert Boecker: Sure. Mayor Laufenburger: Is that okay? Robert Boecker: Yeah. Mayor Laufenburger: Any other questions of council? From council. Mr. McDonald? Councilman McDonald: No, no. Mayor Laufenburger: Okay, alright. Councilman McDonald: I’m sorry, I got mixed up with lawyers so. Mayor Laufenburger: Any other? Councilwoman Ryan. Councilwoman Ryan: Yes Mayor. And maybe you addressed it before but I’d like to hear it again. Why was a permit not pulled initially? Robert Boecker: Well when you read through it says just like Roger said, that an agricultural building does not require a permit so we thought that since it was a horse structure, that that’s all we were adding on, that we wouldn’t need it because that’s what it says. And then when we went, when we had the stop order and we went up there, then we were informed that since we were under the 10 acre minimum to be considered agricultural, that you had to apply to the, or adhere to the, that you had to get a building permit basically. And then we applied for it. Councilwoman Ryan: Okay, thank you. And then you had mentioned at the Planning Commission meeting the reason why, I think the question was asked whether or not you were willing to put horses in another one of your structure and you said no because of you know. Robert Boecker: Yeah the reasoning for that is that when those structures were built they were built for a certain purposes. I do like I said, I have snowmobiles. I have cars and motorcycles and I don’t want to introduce the animal, the horse, the hay into an area where I have my classic cars stored. Councilwoman Ryan: So then how, so that gets me to this specific building. If you’re concerned about the cross contamination between hay and horse and classic, vintage motorcycles, then how is this structure any different when it’s going to be the same structure? Robert Boecker: Because the existing structure you see there is staying intact. The end wall that you see that’s on the inside stays intact. The only reason we attached the two structures was so 39 Chanhassen City Council – February 23, 2015 that aesthetically it was all one building so they are still separated with the existing exterior wall. That stays in place so when you walk into the horse stable the exterior wall of that shed is still there so there is no connection between the two. And that was actually what my question was going to be. What if the two weren’t connected? Because they do not need to be. The one doesn’t need the other. We just, like I said we just connected them for appearance. So what if they were two feet apart? Mayor Laufenburger: So Mr. Boecker are you saying that you’re prepared to demolish the connection between the two buildings? Is that what you’re saying? Robert Boecker: I would be willing to do that and separate the two buildings. Mayor Laufenburger: Okay. Robert Boecker: By a foot, two feet, 12. Whatever would work out as far as having access. Kate Aanenson: I’m not sure building code would be, require separation between buildings. We’d have to verify that too. Mayor Laufenburger: Yeah, subject to appropriate ordinances. Councilwoman Ryan, did you have any other questions? Councilwoman Ryan: That’s it. No thank you Mayor. Mayor Laufenburger: Okay, anybody else? Can you bring up the map that shows all the buildings? Kate Aanenson: Oh, on this site? Mayor Laufenburger: Yeah. It’s the one that has 1, 2, 3, 4. I’m going to address this to Mr. Hall but if you want to have Mr. Boecker answer this you’re welcome to. Tell us what’s in Building 1? Robert Boecker: Building 1 is our, that’s where we park our cars. Our everyday cars. Mayor Laufenburger: So it has. Robert Boecker: Building 1, our house doesn’t have a garage. Mayor Laufenburger: So it has cars. It has. Robert Boecker: That’s our detached 3 car everyday parking. Mayor Laufenburger: Okay. And when was that built? Robert Boecker: That was there when I bought the house so. 40 Chanhassen City Council – February 23, 2015 Chapin Hall: 1986. Mayor Laufenburger: Okay, alright. And Ms. Aanenson a permit was issued? Describe again what’s in Building 2. Robert Boecker: Building 2 is the picture, is the one that we’re adding onto and that’s the one that has my motorcycles in it. Mayor Laufenburger: So just give me a picture of that. Motorcycles, are they on the floor? Are they suspended from the ceiling? Robert Boecker: No, they’re on the floor lined up and I also have a couple shelves in there with some of my stuff on to. Mayor Laufenburger: You said. Robert Boecker: And there’s a couple of snowmobiles on that one too. Up on pallet racking. Mayor Laufenburger: Alright and you said that in this building there are some materials that are, belong to Devaan or Sellers? Robert Boecker: Only the parts off of their race bikes. Mayor Laufenburger: The parts off of their race bikes. Robert Boecker: Yeah. Plastics basically. Mayor Laufenburger: Okay, alright. And that building was built with a permit in 2000. Let’s go to Building 3. That’s the one on the southern most part of your building or of your lot. Robert Boecker: Yeah. Mayor Laufenburger: What’s in there? Robert Boecker: Classic cars. That’s where I keep them. Mayor Laufenburger: How many cars? Robert Boecker: There’s probably 22. 23. Mayor Laufenburger: Okay. Robert Boecker: There’s also cars in 4. 3 is kind of my. 41 Chanhassen City Council – February 23, 2015 Mayor Laufenburger: Well let’s just deal with 3 right now. So these are all your cars in number 3, right? Robert Boecker: Yes. Yep. This is all my personal storage. My cars. Mayor Laufenburger: And are there used parts in there too? Robert Boecker: No, they’re all complete cars. Mayor Laufenburger: So these are, this is like Jay Leno’s right? Robert Boecker: I wish it was to that extent not, but yeah. Those are the restored ones. Mayor Laufenburger: So they stay in there. Do you sell them? Do you buy more? Robert Boecker: They’re just for occasional use in the summer. Mayor Laufenburger: Okay. Okay. Now let’s talk about Building number 4. Robert Boecker: Building number 4 has unrestored cars in it and there are some parts in there. Fenders and stuff like that because that structure was just a structure that’s temporary in order to, I don’t really, if it collapsed or something it would be a great loss because none of those cars are restored. So after I do what, get the cars to the point I want then it gets stored in number 3. Mayor Laufenburger: Okay. So number 4 and Mr. Knutson my question for you is, if that building was built prior to 2007 for purpose other than agriculture would a permit be required? Roger Knutson: If it were built before 2007 for something agricultural, yes. Mayor Laufenburger: And why is that? Roger Knutson: All buildings require, with certain exceptions require building permits. Mayor Laufenburger: Okay. Roger Knutson: Agricultural buildings don’t. Mayor Laufenburger: Okay, alright. So Mr. Boecker, when that building was built what prompted you to build that building? Robert Boecker: Just for the storage of unrestored cars. Mayor Laufenburger: And is there a particular reason why you didn’t pull a permit on that building? 42 Chanhassen City Council – February 23, 2015 Robert Boecker: I didn’t think, because it’s a hoop house. It’s a temporary structure so I didn’t think that there was, that they required. That the City required a permit for that. For a temporary structure. There’s no footings. It’s just the pipe in the ground so. But I have no problems applying for it and permitting that structure. It was built in 2006 so it was before the deadline so I would have no problem permitting it up to whatever the City. Mayor Laufenburger: This is just a comment. Your, parts of what you’re telling us seem to tell us that you’re vigilant about reading about buildings such as you read that an agricultural building doesn’t need a permit. Robert Boecker: That was only after the stop order. Mayor Laufenburger: Oh, okay. Alright, that’s good to know. So Building number 4, you’re prepared to apply for and receive a permit, and if the permit is denied would you take it down? Robert Boecker: Well I don’t think it should have to come down because it was before 2007. Mayor Laufenburger: But if it were denied. Robert Boecker: I would not want to. Mayor Laufenburger: Well I understand that. I understand that, okay. Let’s see. I want to understand a little bit more about the, the extension on Building number 2 or the expansion. About when did you start building that? Robert Boecker: Oh, well do you have the date of the stop Kate? th Mayor Laufenburger: August 28. Robert Boecker: Yeah, so it would have been 4 days before that. th Mayor Laufenburger: Fast workers. Then, so August 28 you informed to stop the work order. th Stop the work. And then on September 24 you applied for a permit for the addition, or there about’s. Robert Boecker: Right because then after finding out that it had to be full building permits, I had to wait for the building, Ram Buildings to get stamp drawings because I had drawings. Mayor Laufenburger: Yep. Robert Boecker: But I didn’t have structural stamp drawings so that delay was waiting for those plans. th Mayor Laufenburger: Okay. Then on or about August 16 you came in to, that’s when the variance was applied for right? 43 Chanhassen City Council – February 23, 2015 Robert Boecker: Sounds about right. Mayor Laufenburger: Okay. About the same time you applied for a fence permit. Robert Boecker: Correct. Mayor Laufenburger: And what’s that for? Robert Boecker: That’s for the horses. It’s a, you have to apply for a permit to put up your horse fence. So that’s what, and that’s approved and already ready to go. Mayor Laufenburger: Yeah, okay. And then on 11-18 the Planning Commission denied the th variance and then on just related material or timeline, on February 13 received a letter from Mr. Chapin Hall, that’s you, suggesting that we simply change the ordinance to affect properties only less than 4 acres, is that correct? I mean it had other things in it but that was one of the remedies. Chapin Hall: More than 4 acres. Mayor Laufenburger: Yeah, affect properties more than 4 acres. Chapin Hall: More than 4 acres. Mayor Laufenburger: Excuse me. Okay. Okay. Misters Devaan and Sellers who are apparently are Cheap Thrill Motorsports. Robert Boecker: Correct. Mayor Laufenburger: Where do they operate their business? Robert Boecker: They live in Chanhassen also. I don’t know their address of their house though. Mayor Laufenburger: Anytime in the last 3 years have they used your property as warehouse for their used parts? Robert Boecker: They, they have had parts there and bikes that they were working on so. Mayor Laufenburger: But have they used your buildings as their quote warehouse? Robert Boecker: I’m going to say no. They’ve wrenched on stuff at my house and. Mayor Laufenburger: Wrenched, what’s that mean? Robert Boecker: Or worked on… 44 Chanhassen City Council – February 23, 2015 Mayor Laufenburger: Oh okay. That’s motorcycle jargon. Robert Boecker: Now if they sold something then that was, where they sold it and how they sold it has not, I don’t have knowledge of that. How they do it. Mayor Laufenburger: You have no knowledge of these two good friends of your’s and where they do this? Robert Boecker: Well no, I know that they have a website but as far as warehousing parts and stocking, I don’t have any of that. I have no part of that. Mayor Laufenburger: So there is none of their warehousing business is done on your property. Robert Boecker: On my property, correct. But they do have bikes. They have their race bikes on my property like I said and some of the plastics off of them. Mayor Laufenburger: Okay. Why do they have their race bikes on your property? Robert Boecker: Because we work on them together. Mayor Laufenburger: Okay. Councilman Campion: I have one question. Mayor Laufenburger: Mr. Campion, yes. Councilman Campion: There, it looks like, looking on Google maps it looks like there’s an additional structure. Something between 1 and 2 to the east near the driveway. Robert Boecker: There is a playhouse over there. Yeah, it’s a 12 by 16 playhouse. Councilman Campion: Okay. Mayor Laufenburger: I have one more question and then I’ll, did you have a question Mr. McDonald? Councilman McDonald: I had a follow up. Do you want to do your’s and I’ll follow up? Mayor Laufenburger: Let me do this one. Mr. Hall, you used the words not a home occupation came to an end. Look at your notes. Chapin Hall: Yes. Mayor Laufenburger: Am I capturing that correctly? Chapin Hall: That’s correct. 45 Chanhassen City Council – February 23, 2015 Mayor Laufenburger: What came to an end? Chapin Hall: The association between Mr. Boecker and the motorcycle guys. In terms of. Mayor Laufenburger: And when did that come to an end? Chapin Hall: In terms of using his address to have an address for the corporation to be wholesale. Mayor Laufenburger: When did that come to an end? Robert Boecker: Shortly after, after the Planning Commission meeting. Mayor Laufenburger: So when it was challenged about regarding you operating a business, it was after that that you brought that relationship with Sellers and Devaan to an end? Robert Boecker: Right because they asked, I didn’t even, you know when they did their search and said you know this address is on there, that’s when I went and talked to them and said you know hey, I understand what you need to do in order to buy wholesale parts but you know obviously I can’t. You can’t have my address you know associated with that so I cut that tie and made it very apparent to them that that’s not acceptable. And that has been changed. So if you. Mayor Laufenburger: Eventually it will show up on the internet. Robert Boecker: Yeah, so if want to go on there and search that, and whatever address they are located at, that will come up but I don’t happen to know it. What that is. Mayor Laufenburger: Mr. McDonald, you had a follow up question. Councilman McDonald: Yeah, it’s along those same lines. One of the problems I’m having about all of this is, one of the complaints that we get is you get a lot of UPS trucks. That smells of a business because that’s even more than when you’re refurbishing one or two motorcycles, that you shouldn’t have that many UPS visits. Explain that to me. Robert Boecker: We have UPS. We have Speedy Delivery. Councilman McDonald: Yeah, why are you getting? Robert Boecker: You’re going to have to talk to my wife. She’s an Amazon. We buy everything through Amazon. We get, we probably have the truck there every 3 days we have some type of something that we purchased. Councilman McDonald: Well it can cut both ways. You know UPS could be picking up there also. 46 Chanhassen City Council – February 23, 2015 Robert Boecker: Well we’re not shipping out of there. Councilman McDonald: Okay. Mayor Laufenburger: What’s the, Mr. Hall or, what’s a day shelter? There’s 264 square feet of day shelter proposed. What’s that? Chapin Hall: Yes. Robert Boecker: You want me to answer it? Chapin Hall: Yes. Robert Boecker: So a day shelter is just a three sided, one side open shelter so that when the horses or whatever animals you have are down pasturing, that they have a spot to get out of the elements. The sun, rain, whatever without having to go all the way back up to their stable area. So it’s just basically somewhere to get out of the elements but it’s not their stable. Mayor Laufenburger: So is it possible for you to describe Mr. Boecker where you’re going to have the fence? Robert Boecker: Yeah there’s actually a fence permit and that’s drawn on. Mayor Laufenburger: Is it on one of these? Robert Boecker: Is it on that site plan you have right there? If you turn the camera on I guess I could draw it here. On there and just kind of show you about where it is. Mayor Laufenburger: Does the fence encompass any building besides the day shelter? Robert Boecker: Yes. Mayor Laufenburger: Our wizard with the cameras is about to show that to us. Robert Boecker: Okay, so this right here is the proposed horse shelter. Mayor Laufenburger: Yeah. Robert Boecker: So right here, coming off this corner. Following this property line down here. Actually it is drawn on here. That’s what this dashed line is right here. See this dashed line? Mayor Laufenburger: Yep. Robert Boecker: It comes up and then comes up to the corner of the new hoop house. Mayor Laufenburger: Okay. 47 Chanhassen City Council – February 23, 2015 Robert Boecker: So it encompasses two, two of the buildings but these two buildings have, we talked to Carol about that. About using those buildings and you’ve got two buildings that are extremely hot buildings in the summer. It will exceed 120 degrees in that building so without modifying these buildings, these are not very acceptable structures for horses. Mayor Laufenburger: Okay. Robert Boecker: And that brings us back up to this building. Mayor Laufenburger: Okay, so the purple on here is the day shelter? Robert Boecker: Yep, the purple’s the day shelter. Mayor Laufenburger: I think on one of the other slides it shows it down one building. Kate Aanenson: That’s correct. Robert Boecker: Yeah. Mister, well on one of them Mr. Generous had drawn it down here just kind of guessing. Mayor Laufenburger: Okay. Robert Boecker: And that’s actually where we’re going to put it. Mayor Laufenburger: Okay. Okay. Did you have a question Mr. Boecker that you wanted to raise or was that raised already? Robert Boecker: We talked about whether or not, if we disconnected the buildings and only looked at this as a stand alone building, what difference that would make as far as the nonconforming. Mayor Laufenburger: Okay, alright. Thank you Mr. Boecker. Mr. Hall, did you have anything else? Chapin Hall: Just this. In a perfect world he would have applied for the permit before he did anything and we would have talked about not having an addition onto an already existing building. But we are where we are and I hope you and the council appreciate that and we’re trying to have something that looks nice in the neighborhood and is consistent with what other neighbors have done although he certainly does have more accessory structures than any other neighbor but they were, I think you understand the legal issue. Mayor Laufenburger: Sure. Chapin Hall: They were all there in May. Tried to go through that and explain that and I think, I think Your Honor and the council has an understanding of the whole situation. 48 Chanhassen City Council – February 23, 2015 Mayor Laufenburger: Okay. Alright, thank you Mr. Hall. Chapin Hall: Thank you. Mayor Laufenburger: Alright. Is, let’s see. This is not really a public comment but there’s some new information that came out tonight I think. Is there anybody in the public or anybody present that would like to make a comment of any sort? Okay. Mr. Knutson, I do have a procedural question for you. The question that was raised by Mr. McDonald that brought out your reading from State Statute, is it your suggestion that we, that we interpret that as this is no longer a variance for 1,864 and 264 but rather a variance for a much larger building because of what the builder’s intent is. You understand my question Mr. Knutson? Roger Knutson: I understand your question Mayor. Mayor Laufenburger: Okay. Roger Knutson: You could interpret it that way or you could say here’s what they’ve applied for and deal with what they’ve applied for. On their application which has been through the Planning Commission which is an expansion of that one building. Mayor Laufenburger: So do I interpret that to mean that the council can decide not to bring the legal nonconformance of the other, of the existing building into question. That it would just remain there and we simply act on the additional square footage. Roger Knutson: And you could do that but then they would have to be separated. Mayor Laufenburger: What do you mean separated? Roger Knutson: A separate building. Mayor Laufenburger: Oh because we cannot take an action that is in violation of a State Statute. Roger Knutson: Well, you could grant a variance but that variance hasn’t been applied for. Councilman McDonald: It’s not the variance before us. Mayor Laufenburger: Right. Roger Knutson: It hasn’t gone through the process. That variance. So, I’m not telling you what you want to do but I mean you could say for example, you have to have that as a separate building and the separate building, I forget how many square foot it is. Mayor Laufenburger: 1,864 yeah. 49 Chanhassen City Council – February 23, 2015 Roger Knutson: Yeah. Has to be separated from the existing building and the separation will be determined by the building official. I don’t, there’s a set, there’s a distance requirement between buildings and I don’t recall what it is. Kate Aanenson: That’s correct. Roger Knutson: You could proceed with that if you chose to and make your decision on whether they meet the standards for a variance. Mayor Laufenburger: But really the only thing we can act on right now is the variance request. Roger Knutson: Yes. Mayor Laufenburger: So if, if we would be, if we would be willing to consider a variance of an acceptable building separate from this, that would have to be dealt with independent of tonight’s action. Roger Knutson: Right if you wanted to say, we will treat the whole building and grant a variance for the whole building, the existing building, that goes beyond what you’ve been advertised for and what went to the Planning Commission so I don’t think you should be able to do that. Mayor Laufenburger: Right. Roger Knutson: But tonight if you chose to you could say, you can have that variance but it has to be in a separate building and it has to be moved at least the minimum distance required by the building code between buildings. If you chose to but that doesn’t mean, the ultimate thing you have to do is determine whether in your judgment they meet the criteria for granting a variance. That’s whatever it is. Mayor Laufenburger: Okay, thank you Mr. Knutson. Any other questions or comments from the council? Councilwoman Ryan: Mr. Mayor? Mayor Laufenburger: Councilwoman Ryan. Councilwoman Ryan: I don’t know if it’s Mr. Knutson or Mayor or Councilman McDonald but I just want to be clear. Have we determined or do we need to determine whether or not this is now considered a nonconforming structure or is that what we’re trying to figure out with this building? Mayor Laufenburger: Well I believe, Mr. Knutson do you want to speak to that? Roger Knutson: It’s my understanding what I heard from Kate that the existing building is nonconforming. 50 Chanhassen City Council – February 23, 2015 Kate Aanenson: That one, well let’s see. As far as whether or not it had a permit or? Mayor Laufenburger: Building number 2 had a permit. Kate Aanenson: Correct. Roger Knutson: So building number 2, is Building 2 as it stands now conforming? Kate Aanenson: That one did receive a permit, correct. Roger Knutson: So that Building 2 currently is conforming? Kate Aanenson: Correct. Mayor Laufenburger: Well it’s conforming to, it’s conforming that which was in place when the building was built. Roger Knutson: But right now it’s nonconforming. Kate Aanenson: Right. Roger Knutson: And they didn’t get a variance. Kate Aanenson: Right. Roger Knutson: From our current ordinance. Kate Aanenson: Right but now it’s, because it’s over the 1,000 square feet, the 1,000 square feet requirement so they’re adding to that. Roger Knutson: And so right now it’s over 1,000 square feet so right now that building is legally nonconforming. Mayor Laufenburger: Right, legally nonconforming. Kate Aanenson: That’s right. Roger Knutson: Because they don’t have, they didn’t get a variance. They didn’t need a variance but to build it today they would. Mayor Laufenburger: Yep. Roger Knutson: And so today it is nonconforming. Legally nonconforming. 51 Chanhassen City Council – February 23, 2015 Councilwoman Ryan: And you said that legally they are not allowed to put an additional structure on a nonconforming building. Roger Knutson: That’s correct. Without a variance. Councilwoman Ryan: Without a variance. Roger Knutson: And they’ve not applied for that variance. Kate Aanenson: That was not the hearing we held before the Planning Commission. So it would have to go back to that process. Councilwoman Ryan: Okay. Roger Knutson: So you could, this is difficult. But you could approve the variance, if you choose to. If you find it meets the criteria and I’m not suggesting you do or don’t. That’s your decision but what they would have to do is move it as a separate building. So the horses would be in a separate building. Mayor Laufenburger: And that building would have to comply with building separation, setbacks from property and stuff like that, correct? Kate Aanenson: That’s correct. Councilman McDonald: Well it would also have to come before us because he’s asking for 1,800 square feet. Mayor Laufenburger: Right, versus 1,000. Now if he chose, if he chooses to make that building 1,000 square feet and that’s all, then that permit would be allowed and he can build that building as long as it’s separate from the building that exists, correct? Kate Aanenson: Correct and under the interpretation of agricultural purposes. If it’s for agricultural purposes, yes. Mayor Laufenburger: Agricultural purposes, right. Kate Aanenson: Yeah. For horses. Mayor Laufenburger: Well, notwithstanding all of the things that keep us from being in a perfect world, the big question for me has been, or the question for me is, is there new information that we now have that the Planning Commission did not have? So that’s one question in my mind. And number two, is there anything flawed or erroneous in the judgment that the Planning Commission applied? And has the Planning Commission considered all the relevant facts. And then lastly is there a compelling reason for the council, or for me and my vote to reverse a decision 7 and 0 to deny the variance. Now I suppose one piece of new information that came forward is the fact that there is an end to the relationship between, at least he has stated, an end to 52 Chanhassen City Council – February 23, 2015 a relationship between Mr. Boecker and the other gentlemen who had this business registered at th 610 West 96 Street. So I would think that Mr. Boecker must have felt that at least there was some connection there that he needed to sever in order to demonstrate that he is not occupying, not doing a home business out of any of those buildings so that could be new. I don’t think there’s anything flawed or erroneous in the judgment of the Planning Commission. I think that they, what they did was, in evaluating the Findings of Fact, all of the situation I think, I don’t think there was anything flawed. Has the Planning Commission considered all the relevant facts? I think they have with one exception and that exception is what Mr. McDonald introduced in the form of the adding onto a legally nonconforming building. That, attempting to expand that makes the building, the whole building nonconforming. It would have to come forward for variance and clearly it would have to be approved. So that’s one thing that’s new. Then lastly is there a compelling reason for the council to reverse the decision of the Planning Commission? And those are the questions that I think are before me tonight. Councilwoman Tjornhom: Mr. Mayor? Mayor Laufenburger: Councilwoman Tjornhom. Councilwoman Tjornhom: I think we’ve spent quite some time tonight investigating this piece of property and what’s going on there. You know are there businesses going on there? Is there agricultural uses actually happening on the property? And those are all legitimate questions I think obviously because they were brought up at the Planning Commission also and by other people but for me it always boils down to with a variance, especially like this is, is there reasonable use of the property right now? You know does this resident have the ability to enjoy life on his property and I just have to say that answer is yes. And so the fact that he would like 4 horses, you know that’s a personal choice that he’s making and that really you know he can obviously, I mean he is planning for it and was building for something like that but that really is not under our realm of trying to decide if that’s a reasonable use or not. And so because of that reason I am certainly going to stand by what the Planning Commission and what their opinion was on this situation. Mayor Laufenburger: Okay. Thank you Councilwoman Tjornhom. Any other comments? Could you bring the motion in front of us please. Councilwoman Ryan: Mayor? Mr. Mayor I have a. Mayor Laufenburger: Councilwoman Ryan. Councilwoman Ryan: Another question actually. Mayor Laufenburger: Sure. Councilwoman Ryan: And it’s actually for Councilman McDonald. When you asked about the, to lower the number of horses, was that so then a structure to build another structure or what? 53 Chanhassen City Council – February 23, 2015 Councilman McDonald: Well no, what that was for was that if you separate the structures you’re still looking at 1,800 square feet. The cut off is 1,000 and what I’m saying is, is are you willing to cut that back down to 1,000 square feet and if the 1,800 is based upon 4 what I said was, well okay maybe at that case it means you can only have 3 horses. You know there are other alternatives to this. Four seems to be an arbitrary number. Councilwoman Ryan: Right. Thank you. So for where I’m coming from is that, is the building issue itself. The fact that it’s a legally nonconforming building and so that makes the whole building nonconforming and if you have the desire to have horses, you stated that you would be comfortable with taking down the addition as it stands today and doing something else and so I too will be denying this variance, variance request and encourage if you have the desire to have horses to go through those next steps to make your, you know build a new building or what, and go through that process with the Planning Commission and the City but at this point I am not comfortable in accepting this variance request. Thank you. Mayor Laufenburger: Thank you Councilwoman Ryan. Anybody else want to make a comment? Councilman Campion: I’ll make a comment. Mayor Laufenburger: Alright, Mr. Campion. Councilman Campion: So I had reviewed this while I was on the Planning Commission and was part of that 7 nothing decision. While I do you know encourage residents to use their property as they see fit, this is an extreme use of accessory structures. Just the, you know the square footage and if there was that strong of a desire to have horses it seems that you know you could consider repurposing the rest of this large structure and reorganizing some of your, the stuff that’s stored in there so I’ll be consistent with my previous decision and also be voting against the variance. Mayor Laufenburger: Not required Mr. McDonald but do you want to make a comment? Councilman McDonald: Sure. I need to kind of justify my vote. I am one of the council members who have always voted for the variance request along this street because the residents have come in there and I’ve thought the requests were reasonable for what they wanted to use the property for. I cannot vote for this one because you’ve already got 12,000 square feet. I don’t see the hardship. I just don’t see the need for us to again plop another structure down there and again make an ordinance just pretty much ridiculous. I mean there has to be a line and with me you’ve definitely crossed it. We won’t discuss the businesses or any of those kind of things. I wouldn’t ask anything about repurposing because again all those buildings are legally nonconforming. You can do whatever you want to in them. It’s not my job to tell you what to do in them. However when you begin to add to what’s already there I have to take that inventory into account and that’s what I’ve done. If we were to approve this you’re now up over 13,000 something square feet in buildings. That’s a lot of space. I understand the desire for horses and such but again, maybe you need to make a choice what’s more important the motorcycles and cars or the horses. You talk about the buildings not being in compliance for horses. Well the one where you store your motorcycles probably would be. You probably just need to put some 54 Chanhassen City Council – February 23, 2015 insulation in there and do something with the motorcycles so it comes to priorities to me. What’s more important. I think you’ve got enough space on the property to do whatever you want so I could not support adding structure space to all of this and the way that this has been approached I think that yeah, I’m not going to be voting for it. I think you need to go back and do a reboot if you want to come back forward and bring something forward that meets with the ordinances. Mayor Laufenburger: I am, thank you Mr. McDonald. I am so pleased that we allow council comment because Councilwoman Tjornhom brought this home for me and that is reasonable use and as I, you’re right. The building usage, yes there’s some question in my mind whether there’s some home occupation but that’s not relevant. I still have a question in my mind about the sequence of events beginning construction before, or without a permit. The building of Building 4 without a permit. Yeah there’s some questions there but the real question for me is number one, is there a compelling reason to overcome or overturn a decision by the Planning Commission that included a debate and consideration of reasonable use and I think the answer is no. So I am going to make a motion and I’ll ask somebody to follow but the motion that I would make is as follows. That the. Todd Gerhardt: Mayor? Mayor Laufenburger: Excuse me. Todd Gerhardt: Roger has a motion. Mayor Laufenburger: Mr. Knutson. Roger Knutson: Suggestion. Motion would be to affirm the decision of the Planning Commission denying the variance request based on the Findings of Fact and Decision as set forth in the Planning Commission’s findings. You’re adopting the Findings of Fact and Decision, Findings of Fact of the Planning Commission by reference. So you’re affirming the decision of the Planning Commission. You’re denying the variance based upon the Findings of Fact in, as set forth by the Planning Commission in their findings. Mayor Laufenburger: So here’s my motion. Councilman McDonald: Excuse me a second. There was also another part to that in that the Planning Commission recommended the demolition of the expansion. So if we’re going to follow through with what the Planning Commission had recommended I think that needs to be in there also. Roger Knutson: That’s fine but technically that’s not part of the variance but you’re denying the variance. Councilman McDonald: Okay. Kate Aanenson: That would still be handled through building code. 55 Chanhassen City Council – February 23, 2015 Mayor Laufenburger: So the motion that I would make is that the Chanhassen City Council affirm the decision of the Planning Commission denying the variance and enforcing the appropriate building codes. Excuse me, denying the variance and accepting the Findings of Fact of the Planning Commission. Insuring that enforcement of the building codes would be applied to the expansion building that was already put in place and thirdly, that if the applicant chooses to return to the council with a variance for a separate building, that any fees normally associated with that variance application be waived. Can I do that? Roger Knutson: Sure. Councilman McDonald: So that’s your motion Mr. Mayor? Mayor Laufenburger: That’s my motion Mr. McDonald. Councilman McDonald: I’ll second. Mayor Laufenburger: Alright. We have a motion and a second. Any discussion? Mayor Laufenburger moved, Councilman McDonald seconded that the Chanhassen City Council affirm the decision of the Planning Commission denying variance request #2014-33 and accepts the Findings of Fact of the Planning Commission; insuring that enforcement of the building codes are applied to the expansion building that was already put in place; and if the applicant chooses to return to the council with a variance for a separate building any fees normally associated with that variance application be waived. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Laufenburger: Thank you staff. Thank you applicant for allowing us to have good debate about this. We have one more item on our agenda this evening. CSAH 61 CORRIDOR: CONSIDER RESOLUTION APPROVING AMENDMENTS TO 2030 COMPREHENSIVE PLAN CHAPTER 2, LAND USE (LAND USE MAP AND FIGURES 2-1 AND 2-2. Kate Aanenson: Thank you Mayor, members of City Council. This item, as you’re aware, we had a joint meeting at the end of the year, in December to talk about where we were with this process and the Planning Commission did hold a hearing and we had a pretty good turnout at that meeting from property owners and neighbors in the area. Obviously they’re not here tonight but I’ll try to reiterate their concerns. So again the subject area is located along 61. Also kind of the 101 being the main intersect of the, and Bluff Creek Drive being the main east, excuse me. North/south intersect. So what’s driving this project as we’ve talked about is the 101 bridge and then also the upgrade of County Road 61. So we looked at the development constraints. I’m going to go through some of these slides rather quickly. The developmental traits in the area restricted it to less than 200 acres of development so the question was, as the infrastructure being put in place raises the value or the visibility of this property and really to go back and look at the land uses that were put in place to see if they still made sense and look at the appropriate land uses and whether or not we could provide municipal services to the property. So with that we’ve 56 Chanhassen City Council – February 23, 2015 got the river crossing, 61 design. Again the sanitary sewer and water. Looked at the lift stations. Where they would go. Again lift station for this area to develop needs to be developed and that’s actually north of Lyman Boulevard so as we informed in the neighborhood meetings that we’re a ways from that. I know the City Engineer has an open house tomorrow on the 101 corridor so that’s still a lot of questions that people have in this area is when municipal services are going to be provided and it’s predicated on what happens to the north. Again looking at where water would come. The City Engineer’s recommendation to loop that and I believe that’s his intent with the 101 corridor that we’ve sleeve some of that. Again that’s of interest to some of the property owners and we did as the council asked us to do is on the notification for the public hearing before the Planning Commission, notified not only those people along the corridor but also the people that were north that could be impacted by this which would include those people on Lakota. Some of those residents, Mandan Circle and then also the Hesse Farm area and we did have representation from those groups at the Planning Commission who spoke too. So this is the water. So we’ve got the 101 alignment. So existing land uses are shown on the top half. Again we put a lot of industrial in this area kind of as a place holder. This is all before the DNR bought the Seminary Fen property so we thought kind of a good steward of that property would be if we had an office user and then preserve some of that property but as it turns out that, and that would be area number 2, go back to my laser pointer here. Is actually now the Seminary Fen site there that the DNR interpretative center. So looking at some of those land uses so we also included if you look at 8 and 9, those properties are in the floodplain. Both those property owners were at the meeting, the public hearing before the Planning Commission, although they did not speak. I think most of the property owners that were at the public hearing did not speak. Some of the other people that did speak were people in the Hesse Farm area asking questions about impacts to well. The City Engineer was at that meeting to speak to that. We don’t intend to put wells down in this area so that was one of the concerns that was addressed. And then some of the other ones were view sheds which we’ll talk about in a little bit more detail. So the only down zones then would be that area 8 and 9 and again those are in the floodplain. As we talked about in the work session the goal with getting this land use changes and same with getting funding for some of the other clean up was we know, did when we tried to clean up the Moon Valley site to get what was the shooting range, is to try to get that cleaned up. We didn’t point out very well because development wasn’t eminent. You’re kind of ranked on that so this will help us moving forward that we have a plan that we can demonstrate is developable. So we showed again some of the changes that we intend to do here so this is map area 1. So this is the area just to the west of the Seminary Fen so we just showed how that would look. Again illustratively what our goal would be then to cluster that. So that would go to medium density. And then this would be map area 2, office to parks and open space. This is the Seminary Fen and then large lot residential to medium density again to make some of that work. These are the ones that we’re recommending changing. Office, map area 4, office to residential medium. And then map area 4 and 5, on our Comprehensive Plan we always identified this area as a potential commercial so this is what we would call a convenience commercial area so this would have some medium density and then some commercial. A gas station or the like and again we identified that in our Comprehensive Plan when we submitted that or completed that in 2008. Obviously for this to happen 101 needs to be realigned. For any development to happen down here we need again the sewer and water to come down and that’s predicated on 101 so that’s the message we keep reminding the developers, or the property owners down there. We did include their comments in your packet and again the property owners are supportive of the changes and 57 Chanhassen City Council – February 23, 2015 opportunities to redevelop their property. Again we talked about some of the uses that are down there now getting higher and better uses so this would be office to mixed use and that would be the commercial. This would be the underlying zoning district on that. Then office industrial again to be commercial with 101 being realigned. This is showing the current alignment and then office industrial, the high density residential so we extended that a little bit more so we’re just immediately west of what we call the Moon Valley site and this is the Moon Valley site here. This is an area that we did get some comments from the residents in Settlers West were deeply concerned of their view sheds there and wanted us to acquire the properties such as Eden Prairie did on the other side. It’s hard to explain to people but there’s different ways to get conveyance when you’re doing a development. Sometimes a developer will dedicate to the city in lieu of park dedication fees and maybe a tax consequence so we don’t know how that all occurred but the mining operation on the Moon Valley site was prior to the development on the Settlers West and that park, which the Richard T. Anderson Park. So this is the Moon Valley over here and this is the Richard T. Anderson so there was no mining on that so it was left in the state. In it’s natural state so one of the things that we talked about with the residents with Settlers West, which we spent a lot of time talking about that is they’re sitting up here. Their view shed is actually overlooking that. We talked about the retaining wall that will be in place on County Road 61 with the development of that road so really you’re overlooking that development. These would be 3 story buildings. So they asked that the Planning Commission revisit when we update the Comprehensive Plan. It’s been high density for over 20 years. So the last two Comprehensive Plans which span 10 years so it has been in place for that long. So that was all in place before those homes were built. In addition to that when we, when Moon Valley closes which they anticipate with the completion of 61, in a couple of years. Prior to that we got it cleaned up. It took us quite a few cycles. The developer ultimately paid for getting out all of the lead out of the hillside so it’s been cleaned up and really the best way to get this property cleaned up and a good use is have a developer come in. Revegetate. Do a project on the site. We think that’s the best way to really to bring that project, to bring this property into the best situation that we can get through. Let the market forces take a hold of that and then get the reclamation of it done. Yes a developer has to revegetate but it’s not going to be to this level that we would get with a development proposal so I would say the well and this site were probably the two biggest concerns that we had during the public hearing. Talked about the Richard T. Anderson and that’s a little bit different. Again the Settlers West, while it’s in the city of Chanhassen, topographically it’s really up on the north half so they do get sewer and water from Eden Prairie and come out that way but their view sheds, we did take some conservation easements over some of those slopes up on the top but that was their concern of overlooking that. Again you know the timeframe on that is predicated on getting sewer and water down there so these are some of the properties that we’re looking at for the open space. Again these properties are so narrow and are problematic to back flooding on the back corners of these so we think giving them the open space. So one of the questions that did come up on this is, some of the property owners that we did meet with, we invited all the property owners to meet with us prior to the public hearing. That would be separate from the public hearing that all the other surrounding property owners came and some of their concern is, what’s going to happen to my property now. While you’re legal nonconforming, you can continue to operate the way you’re operating today. Not only that you can sell it to somebody else if they continue to operate the way it is. It’s when you want to expand. Similar to the circumstance we just talked about tonight. That would change that but it would allow them to continue to operate the way they are 58 Chanhassen City Council – February 23, 2015 now but not expand. And then the other one that would be open space would be, this looks a lot different than this picture now. There’s quite a few less cars out there and the operation is a lot different now but again that would be. Mayor Laufenburger: There’s less cars today than there is in this picture? Kate Aanenson: Correct. Correct. Mayor Laufenburger: So they’re scaling back? Kate Aanenson: Correct. Mayor Laufenburger: Are people buying the cars? Kate Aanenson: It’s salvage. People buy parts. So again open space and again this is one that we talked about before that would be helpful to get the clean up. So how does this relate to what we need to do. So we need to submit this to the Met Council because it’s a Comprehensive Plan amendment. So what we’re submitting then would show the differences in acreage and I just want to summarize for you really the biggest changes on this is going to be that we’re adding additional, more residential. Less office. And so the percent increase would be, decrease would be 8 percent decrease in the office and then we’re increasing the medium density. The commercial we had identified on there so that didn’t change too much but we took away that office area and then added more medium density, which we think the market would support. Again there’s fantastic views down there too so what we are submitting to the Met Council would be our change. The land use recommendation change so we have to fill out these types of tables to submit to them. We’ve been working with the Met Council. To date we’ve met our jurisdiction review comment period so right now as a part of your motion, this is all predicated on the reviewal by the Met Council so what we’re recommending is that you adopt the resolution approving the land use amendments within the 61 corridor and these again would be subject to the Metropolitan Council so we will let you know after they approve it. Your motion would be to approve it tonight subject to that but then once they approve it then we will let you know that and then we would modify that with the City’s mapping so it would be reflective of what those changes are. With that I’d be happy to answer any questions that you have. Mayor Laufenburger: Thank you Ms. Aanenson. Are there any questions of Ms. Aanenson regarding this recommendation? Councilwoman Ryan: I do Mayor. Mayor Laufenburger: Councilwoman Ryan. Councilwoman Ryan: Ms. Aanenson, just for my own clarification. So when, if this goes through and it changes the land use changes, none of the people that are down there, the businesses are down there, they don’t have to do anything to their business. 59 Chanhassen City Council – February 23, 2015 Kate Aanenson: No, and again we met with all them. We’re not going to buy them out. The market’s going to take over so they can continue to operate the way they are today. There are some people that have conditional uses and interim uses that are in violation of those. We’ve been working with them over the last couple years. We’ve met with them and kind of worked out a plan to get them into compliance but no. They can stay the way they are. Yeah. Unless we’ve met, I think a few people had some right-of-way acquisition but that’s a whole separate negotiation but not part of this. Councilwoman Ryan: Okay, thank you. Mayor Laufenburger: Thank you Councilwoman Ryan. Any other questions or comments? Councilman Campion: Not at this time. Mayor Laufenburger: Kate I noticed that there was one, one comment from a neighbor who suggested a different. I’m trying to think who it was. Kate Aanenson: A different land use recommendation? Mayor Laufenburger: Yes. Kate Aanenson: Yes, that was on Settlers West. It was on the Moon Valley site. Mayor Laufenburger: Oh. Kate Aanenson: They wanted it taken from medium density to low density. My point back to the Planning Commission, it’s been that way for 20 years. Mayor Laufenburger: So it wasn’t a property owner that was asking that? Kate Aanenson: No, it was a person, somebody else. Mayor Laufenburger: Okay. Alright. Kate Aanenson: If I may Mayor, the two people that are most interested in development, and we’ve talked about this before, is the people on both extremes. On the Gedney Pickle site and then also on the Moon Valley so they’re the furthest away and they had really the biggest pieces and the most potential for redevelopment. Easy redevelopment. When I say easy the parcel sizes and that sort of thing so. Mayor Laufenburger: So both of those sites would be attractive for redevelopment. Kate Aanenson: That’s what I meant to say, yes. Mayor Laufenburger: The problem, or the problem. 60 Chanhassen City Council – February 23, 2015 Kate Aanenson: Challenge yeah. Mayor Laufenburger: Or the challenge that needs to be overcome is delivery of municipal services to both of those properties correct. Kate Aanenson: Exactly. Mayor Laufenburger: Yeah because they are, because they’re on the two ends they’re, they’re farthest away from where that pipe would be delivered. Kate Aanenson: Right. And as we explained at the work session, you know you’ve got the Robert T. Anderson property so Eden Prairie can’t service that. Mayor Laufenburger: Right. Kate Aanenson: And Chaska doesn’t have the capacity so it’s incumbent upon us whether or not we can provide it and that’s what we demonstrated through this process is that we can provide municipal services down there. Mayor Laufenburger: And to your point the market will help determine correct. Kate Aanenson: That’s correct. Mayor Laufenburger: Okay, alright. Just remind Ms. Aanenson, the action that we take tonight is essentially to modify the existing Comprehensive Plan with these land uses and the modification to the percentages that are reflected in the plan, correct. Kate Aanenson: That’s correct. Mayor Laufenburger: And is it possible that the Metropolitan Council can come back and say why didn’t you just wait until your next Comprehensive Plan? Kate Aanenson: Yeah, that’s a good question. We did have the discussion with them. We’re going under the old rules. The new rules are changing and we want to go underneath the old rules of making use. There’s some other housing issues and some other things that just makes it more complicated. They’re comfortable with this. They understand really what’s driving this is an infrastructure improvement that was not anticipated. Mayor Laufenburger: Right. Kate Aanenson: Which sets us up to do a Comprehensive Plan amendment because we weren’t anticipating this and to set ourselves in a good position to plan for our future so they understand that. 61 Chanhassen City Council – February 23, 2015 Mayor Laufenburger: The improvements to which you refer are principally the land bridge of 101. The Eden Prairie Highway 61, CSAH 61 which is being done in Hennepin County so those are, okay. Kate Aanenson: Exactly. I just want to make one other point. Mayor Laufenburger: We lost you. Kate Aanenson: I’m sorry, I’m back on. I just want to make one other point and I think we did hear from some of the residents that they’re interested in some other opportunities to do trail connections in that area, which is something we talked a little bit about when we had our open houses. People see that as an opportunity, especially on that south side. Making some fantastic turnouts where you can actually look at the river so that’s something as we look at planning with the next iteration of the Comprehensive Plan I think we’ll look at those opportunities. Mayor Laufenburger: Does this action preclude us from doing that? Kate Aanenson: Absolutely not. Mayor Laufenburger: Okay. Good point. Alright. Any other comment or motion? Councilwoman Ryan: I’ll make a motion. Mayor Laufenburger: Councilwoman Ryan. Councilwoman Ryan: Chanhassen City Council adopts the resolution approving the land use map amendments within the CSAH 61 corridor subject to the approval by the Metropolitan Council. Mayor Laufenburger: We have a valid motion. Is there a second? Councilman Campion: Second. Mayor Laufenburger: Thank you Mr. Campion. Any discussion? Resolution #2015-13: Councilwoman Ryan moved, Councilman Campion seconded that the Chanhassen City Council approves the Land Use Map Amendments within the CSAH 61 Corridor and the corresponding amendments to Figures 2-1 and 2-2 of the Land Use Element and subject to approval by the Metropolitan Council. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Laufenburger: Thank you very much Ms. Aanenson. COUNCIL PRESENTATIONS. None. ADMINISTRATIVE PRESENTATIONS. 62 Chanhassen City Council – February 23, 2015 Todd Gerhardt: Mr. Mayor, council members. Just want the public to understand there’s going th to be an open house on the preliminary design for 101 this coming Wednesday, February 25 at the Chanhassen Library from 4:00 to 6:00. So anybody interested in seeing how the proposed 101 would be aligned. I think we have several alternatives to show at that meeting and it’s at the Chanhassen Library this coming Wednesday. Mayor Laufenburger: And just to clarify so there’s no confusion, this is realignment of 101 from Pioneer Trail south to CSAH 61, correct. Todd Gerhardt: That’s correct. Mayor Laufenburger: Okay, alright. Wonderful. Anything else? Todd Gerhardt: That’s all I have. Mayor Laufenburger: Alright, thank you. CORRESPONDENCE DISCUSSION. None. Mayor Laufenburger: Just a reminder to council that we will be convening in the Fountain Conference Room to continue our work session briefly immediately following the council meeting. Is there a motion to adjourn? Councilwoman Tjornhom moved, Councilwoman Ryan 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 9:30 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 63