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CC 2015 04 27 CHANHASSEN CITY COUNCIL REGULAR MEETING APRIL 27, 2015 Mayor Laufenburger called the meeting to order at 7:05 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 Petersen, Paul Oehme, Kate Aanenson, Todd Hoffman, Jill Sinclair, and Roger Knutson PUBLIC PRESENT: Luther Wilmot 7101 Shawnee Lane Murphy Lealos 3637 LeRive Way Lindsey Stibal 55316 Rolling Acres Road Nick Charpentier 6556 Arrowhead Lane Drew Pearson 874 Braunworth Court Elizabeth Feliciano 531 Shadowmere John Schwendinger 7334 Bent Bow Trail Mason Waymire 2081 Timberwood Drive st Jayden Schmieg 1443 81 Street, Victoria Julia Anderson St. Hubert’s School Sydney Underwood Chapel Hill Academy Kenna Pesta 315 Bluff Road, Carver Keith Anderson 8043 Cheyenne Avenue Amy Wenner 5675 Star Circle Denise L.A. Gray 871 Nez Perce Court Tyler and Curt Kobilarcsik 9149 Springfield Drive Chris May 6400 Teton Lane Mayor Laufenburger: Thank you and welcome to this council meeting. All those of you that are in the chamber with us and also those watching on cable channel 8, Mediacom Channel 8 at home. I first must say that I’m pleased to hear that the average pitch of the voice saying the American Pledge to the Flag was just a little bit higher today so thank you very much. First action on for tonight is agenda action. Council members, are there any modifications to the agenda? If not we will proceed with the agenda as printed. PUBLIC ANNOUNCEMENTS: INVITATION TO ARBOR DAY CELEBRATION. Mayor Laufenburger: I have a public announcement tonight. This is the invitation to the Arbor Day celebration. In 1876 Minnesota became the fourth state to adopt Arbor Day as an annual celebration. Today Chanhassen celebrates Arbor Day each year in order to set aside a time to consider what trees do for us and our community. Planting trees adds beauty and character to Chanhassen City Council – April 27, 2015 our neighborhoods. It reduces energy costs. Increases property values. Reduces pollution and it replaces trees that we’ve lost in our community. Perhaps Elton Trueblood said it best when he wrote, a man has finally begun to discover the meaning of human life when he plants a tree under which he knows full well he will never sit. Let us plant today the trees of tomorrow, and I don’t mean today. I mean on Saturday because on Saturday I invite, or today I invite all area nd residents, their families and friends to Chanhassen’s Arbor Day event on Saturday, May 2 at Chanhassen Hills Park. We will gather at 9:00 a.m. at the playground for a welcome from myself and city commissioners and will be treated to some live music performed by students from The MacPhail Center for Music located right here in Chanhassen. Volunteers will plant 19 trees around the park. Refreshments and tree related information will be available before and after the plantings. The event will be held rain or shine, so be sure to dress for the weather and the work and I think the weather’s going to be beautiful on Saturday. Can we be assured of that there Jill. Jill Sinclair: We’ll try. Mayor Laufenburger: Okay, alright. So please bring a shovel if you can. I encourage everyone to come to this free event and help plant a tree on Arbor Day so all are invited. Thank you. PRESENTATION OF ARBOR DAY POSTER CONTEST AWARDS. Mayor Laufenburger: Now I have some contest winners and some Arbor Day poster winners. Let me just read a little bit of this and then I’ll come around in front to call up the individuals. On behalf of the Chanhassen City Council and the Environmental Commission I want to congratulate all the winners of this year’s Arbor Day poster contest. The City has been sponsoring this contest for 16 years in order to express our commitment to trees in our community and every year local fifth graders are invited to submit their drawings based on an annual theme. The theme for 2015 is, Trees are Terrific, Root for Trees. The City would like to thank all the fifth graders from Bluff Creek Elementary. Show of applause here for Bluff Creek Elementary. Chapel Hill Academy. And St. Hubert’s School for their wonderful drawings. We also want to thank The Garden for their generous donation of a gift card for the grand prize winner and the framed winning picture will hang in City Hall along with the past winners. So now I’m going to come out front. All I need is this right? And I’m going to ask Amy Omann, a member of the Environmental Commission to join me. So please come forward when your name is called and then when all of the kids from each school are present up here we’ll get a picture, alright. This is from Bluff Creek Elementary. Kenna Pesta. And clapping is encouraged. Come over here by me. That’s part of your punishment… Thomas Weber. Kyra Huges. Am I saying that right? Trinity Munsisoumang. John Schwendinger. Mason Waymire. And Lindsey Stibal. Congratulations. Okay this is the Bluff Creek Elementary. Now from St. Hubert’s School. Normally I’m good with names. Murphy Lealos. Congratulations Murphy. Alex Beer. Congratulations on this. Evelyn Miller. Julia Anderson. Elizabeth Feliciano. Congratulations. Nick Charpentier. Congratulations. Now come closer for this picture. This is St. Hubert’s School. Congratulations boys and girls. Alright, from Chapel Hill Academy. Caleb Beckerin. Drew Pearson. Congratulations. Play your cards right you could be an NFL receiver. Jayden Schmieg. Congratulations. Lauren DuMoulin. And Maddie Fults. Okay, we’ve got to balance this a little bit so you’re going to stand on my left and you’re going to stand on my right. This is 2 Chanhassen City Council – April 27, 2015 Chapel Hill Academy. Congratulations. Now I want to invite our grand prize winner Sydney Underwood. For your efforts Sydney I am pleased to present you with a gift card from The Garden and please help me show Sydney our appreciation for her excellent poster and here it is and this will be on display, permanent display. You okay with permanent display? Very good Sydney. One more? Jill Sinclair: Yep, sorry. Mayor Laufenburger: Sydney is from Chapel Hill. Congratulations. So I want to say thanks to all the participants and thank you for making trees so important in our community. As we say trees are terrific. Root for trees. Thanks for coming everybody. PRESENTATION OF CERTIFICATES OF APPRECIATION TO COMMISSIONERS. Mayor Laufenburger: Now this evening we are also going to be recognizing some commissioners for the City of Chanhassen that are ending their service to either one of the commissions that we have here in Chanhassen so at this time I’m going to ask Keith Anderson to come forward. Keith. Keith was appointed to the Environmental Commission in 2012 and brought passion, dedication and diligence to the commission. During his term the commission accomplished a number of projects which included numerous educational articles for the Villager. The annual city Arbor Day tree planting event. The commission onboarding materials rd and participating in the July 3 Business Expo so on behalf of the City Council and the entire staff Keith, I want to extend to you our appreciation and present you with this Certificate of Appreciate. So congratulations. Keith Anderson: Thank you. Mayor Laufenburger: Thank you for your service. Is Jacob Stolar here? Todd Hoffman: Sports. Mayor Laufenburger: And I think I’m going to wait for him to come later, is that right? And Tyler Kobilarcsik also not here, is that correct? And how about Kim Tennyson. I think she’s not going to be here tonight so in her absence I’m going to just read a tribute to Kim. Kim was appointed to the Planning Commission in April, 2011. Since April, 2013 Kim has been the Planning Commission Vice Chair. During her tenure the commission accomplished a number of projects including the 61 Corridor Land Use Amendments, and the Residential Planned Unit Development Amendments. Kim was also involved in numerous development reviews including th 80 West 78 Street, Goodwill. The Canine Club and Spa expansion. Beehive Homes. Bluff Creek Cottages. Powers Pointe. 140,000 square foot office warehouse. Chanhassen Great Plains Center. The Business Impact Group II. Dakota Retail. Village Shoppes of Chanhassen th and Shoppes at Chanhassen and numerous subdivisions including Wynsong, Fretham’s 15 Addition, Bluff Creek Woods, Preserve at Rice Lake, Camden Ridge, Lake St. Joe’s Cove, Arbor Cove, Boulder Cove, and Vistas at Bentz Farm. Now that’s a lot but that’s indicative of what’s been going on in this community over the last 4 years. Kim has been a resident of Chanhassen for approximately 12 years. Her unique perspective as a business woman, lawyer, and long time 3 Chanhassen City Council – April 27, 2015 resident was an asset to the Planning Commission and her passion for the City was evident in the decisions she made. She’s not able to be with us tonight but I will show all of you, this is the Certificate of Appreciation that will be presented to Kim so let’s give Kim a round of applause. You keep that? Todd Hoffman: Yep. Mayor Laufenburger: And hold it in high regard too. I would also at this time like to make a presentation of a Maple Leaf Award to Amy Wenner of the Environmental Commission. Amy. Nice to see you again. Amy Wenner: You too. Mayor Laufenburger: Amy Wenner was appointed to the Environmental Commission in 2010 and brought passion, commitment and knowledge to the commission. She spearheaded many projects and was often the first to volunteer for additional duties. In 2011 she served as Vice Chair for the commission. While serving on the commission she contributed to the following accomplishments. Revitalizing the annual Arbor Day celebration with tree plantings to honor the spirit of the day. She sought out additional public education opportunities to learn more about water related issues and shared her knowledge with the commission. She offered numerous public education pieces on the commission’s key focus topics so Amy on behalf of the City Council and the City staff I present you with the Chanhassen Maple Leaf Award presented to Amy Wenner. Environmental Commission 2010 to 2015. So that’s for you to hold and congratulations. Am I done with this Chelsea? Chelsea Petersen: Only if you want to be sir. Mayor Laufenburger: Just so the council is aware if Tyler and Jacob arrive we will pause at an appropriate time to recognize them for their participation with the Park and Rec Commission. CONSENT AGENDA: Councilwoman Tjornhom moved, Councilman McDonald seconded to approve the following consent agenda items pursuant to the City Manager’s recommendations: 1. Approve City Council Minutes dated April 13, 2015 2. Receive Planning Commission Minutes dated April 7, 2015 Resolution #2015-23: 3. 2016 Sanitary Sewer Televising (I/I) Project No. 16-02: Approve Quote. nd Resolution #2015-24: 4. Approve Resolution Proclaiming May 2 as Arbor Day in Chanhassen. 5. Item Deleted. 4 Chanhassen City Council – April 27, 2015 6. Receive Park and Recreation Commission Minutes dated March 24, 2015 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: I think we have a special guest here, Sheriff Jim Olson. I welcome you to the podium Sheriff. Sheriff Jim Olson: Thank you Mr. Mayor and members of the council. It’s good to be here again. It’s been a little while. Mayor Laufenburger: Nice to have you here Sheriff. Sheriff Jim Olson: I spent a lot of time up here at this podium over the years and it’s feels wonderful to be back again. Thanks for the opportunity. Mayor Laufenburger: You’re always welcomed. Sheriff Jim Olson: Thank you. If I could do a couple of invitations real quick first before I do my introduction of Lieutenant Kittelson. Tomorrow night is the Carver County Sheriff’s Office Award Banquet that we have every year where we honor our residents and employees that have gone above and beyond over the course of the year and it’s a very nice way to honor them. It starts at 7:00 and I would invite you and also residents of Chanhassen to come down to the Carver County Sheriff’s Office in the Emergency Operation Center if they would like to partake in that. It’s a wonderful event and we’ve got some good employees here with the sheriff’s office that have done a wonderful job over the past year. Mayor Laufenburger: Say again, what time does that start? Sheriff Jim Olson: 7:00. Mayor Laufenburger: Okay, and as you go in the parking lot it’s the door far to the right, is that correct? Sheriff Jim Olson: It’s the, yes. Yes depending on which parking lot you go into but yes, it’s on the far southern side of the complex. Mayor Laufenburger: Okay. Sheriff Jim Olson: Is where it’s at. And coming up here in a couple of weeks is National Law th Enforcement Week and 2015 is the 160 anniversary of Carver County as a whole as well as the th Carver County Sheriff’s Office. On May 12 we are doing a celebration celebrating those 160 years. We’re having historical displays and in the course of our 160 years we’ve had 3 officers 5 Chanhassen City Council – April 27, 2015 that have lost their lives in the line of duty and we are officially retiring their badges. We had Donny Reimann. Deputy Donny Reimann that lost his life in 1988 and then Richard Lura and Ronald Kalkes who lost their lives in 1973 in a car accident but we will be officially retiring their badges and will also be doing a tour where some of the sheriff’s and our 3 fallen officers, where their final resting places are and doing ceremonies at those 3 places so I would encourage and invite the City Council and residents to attend that as well. We’ve got a number of historical displays that we’ve got set up for that. th Mayor Laufenburger: And that’s May 12 at what time? th Sheriff Jim Olson: That’s May 12. It starts at 11:00. Mayor Laufenburger: 11:00 a.m. Sheriff Jim Olson: Correct and it goes til oh about 3:00 or so. Mayor Laufenburger: So it’s more like an open house? Sheriff Jim Olson: It is. Mayor Laufenburger: Food? Sheriff Jim Olson: Oh maybe for you we can work something out Mr. Mayor. Mayor Laufenburger: Thank you Sheriff. Sheriff Jim Olson: We’ll have some cookies and refreshments and so on that will be there. So next I am excited to introduce Lieutenant Eric Kittelson. Lieutenant Kittelson is the new liaison lieutenant for the City of Chanhassen overseeing policing operations. Law enforcement operations here for me. Eric began his career in security management and transitioned to community corrections shortly thereafter. He continued to explore other opportunities and came to the Carver County Sheriff’s Office in 1997 as a detention deputy. He found his calling in police work and has served as Lieutenant of Patrol Operations. He’s been there for the past 3 years. And then he has also worked as a detention deputy. A patrol deputy. A corporal. A sergeant. A field training officer. Defensive tactics instructor. Crime scene technician and a gas team leader on the Sheriff’s Office Emergency Response Team. He’s also an all around good guy and he’s also a great dad so he’s done a number of things with the sheriff’s office over his years with us. He has received certificates in management training from the Minnesota Bureau of Criminal Apprehension and in supervision of police personnel from Northwestern University and has a Bachelor of Arts Degree in Criminal Justice from St. Cloud State. He’s also completed the School of Staff and Command from Northwestern which is a very prestigious school that he’s been through. He lives in Farmington with his family and with that I’d like to call up Lieutenant Eric Kittelson. Lt. Eric Kittelson: Thank you Sheriff. Mr. Mayor, council members. I just wanted to, just a little bit to add to what the Sheriff said is, you know I spent the majority of my career with the 6 Chanhassen City Council – April 27, 2015 sheriff’s office in the city of Chanhassen working as a patrol deputy and supervising the deputies at night that work in the city so this appointment for me comes, you know it’s real easy for me because the pride and ownership that I have with the city of Chanhassen is kind of where my heart’s always been with the sheriff’s office since this is where I’ve served most of my time serving the citizens of Chanhassen as a deputy. As a sergeant at night and now as the new liaison so really, really happy to be here and excited to continue that tradition of serving the citizens of Chanhassen. Mayor Laufenburger: Lieutenant before you continue. Lt. Eric Kittelson: Yes. Mayor Laufenburger: I just want to say we just warmly welcome you and before you sit down Sheriff I just want to acknowledge too that you’ve been very supportive of Chanhassen and we’re pleased that you allowed Jeff Enevold to serve with us and then Sergeant Anderley in kind of an interim position while we were waiting for Eric Kittelson to be born. I mean to be delivered. Delivered. Delivered to this community or return to this community so thank you for your support. We are very, very pleased with our relationship with Carver County Sheriff’s Office and we’re getting early reports Lieutenant that you’re doing a wonderful job already. You’ve been on the job I think 3 weeks, is that right? Lt. Eric Kittelson: Three weeks, yep. Mayor Laufenburger: Yeah and I know that you’re having an impact with the things that you’re doing so we warmly welcome you to serving the people of Chanhassen and I know that over time they’ll get to appreciate not only your commitment to public safety but also your commitment to leadership of this team so thank you very much for joining us. Lt. Eric Kittelson: Thank you and you know one thing that Sheriff Olson has already preached is he held this position many years ago and each person just tries to bring something else to that position and make it better for the next person that takes that seat and so I’m following in some big shoes here so. Mayor Laufenburger: Well you have an opportunity to raise the bar. Lt. Eric Kittelson: That’s right. That’s right. Mayor Laufenburger: And that will be a challenge for you as well because he’s fondly, Sheriff Olson is fondly remembered here in this community. Lt. Eric Kittelson: Yes. Just a couple public safety messages and the month of March police report. We’ve had a number of applications for soliciting in the city so it’s that time of year again to remind people that anyone soliciting for profit in the city should have a City of Chanhassen picture ID. They can complete an application with City Hall. They’ll have a background check and then they’ll be issued a photo ID. Just some reminders with that, there are some window clings that can be picked up at City Hall if you choose not to have solicitors come 7 Chanhassen City Council – April 27, 2015 to your home. It needs to be 48 font and 3 and three-quarter by 3 and three-quarter lettering so, and those are available at City Hall or you can have them made up yourself as well. If someone comes to your house to solicit that does not have the picture ID, please call 911. If someone is aggressively pushing sales or making you uncomfortable you should also call 911. And with that, with the warm weather you know just a reminder to lock your car doors if your cars are parked in the street or in your garage, you know with the garage open or in your driveway. Remember to lock your doors and keep your valuables out of sight. With that in mind, that’s one thing that drew my attention if, in the council packets under the 2015 year to date area report under March you’ll see that theft related went from 5 to 6 to 45 in the month of March. A lot of that can be contributed to 3 major calls where it was one offender in multiple offenses and each new address or location will be cause for another ICR to be created which can increase those numbers a little bit but that’s something that we want people to be aware of at this time of year as it’s getting warmer. Also with it getting warmer pedestrian and cycling safety is a big issue and concern. Just remember to share the roadway when you’re driving and you know if bicyclists or cyclists are in the roadway they have a right to be there and follow the semaphore and traffic laws and to signal their turns and then also to watch out for pedestrians in the crosswalk because it’s that time of year where it’s getting warmer out and people are getting out there trying to enjoy that as well. And that’s pretty much all I have for you this evening unless you have questions for me. Mayor Laufenburger: Questions for the Lieutenant. Councilwoman Ryan: Mr. Mayor. Mayor Laufenburger: Councilwoman Ryan. Councilwoman Ryan: I don’t really have a question. Welcome Lieutenant. Lt. Eric Kittelson: Thank you. Councilwoman Ryan: This is more for the staff. Could we post on Facebook about the soliciting information that the Lieutenant just shared with us because I get a lot of questions about how to handle soliciting and what to do and who to call. I think it would just be, knowing that the season is upon us I think it would be a helpful reminder. Todd Gerhardt: Good idea. Councilwoman Ryan: Thank you. Mayor Laufenburger: And I appreciate your commenting that if it’s suspicious at all call 911. This is something that I know that sometimes citizens have a hesitant. Well, does this really merit calling 911? The answer is if you’re thinking about it, it probably is a good reason to call 911 so appreciate your encouragement. Lt. Eric Kittelson: Absolutely. 8 Chanhassen City Council – April 27, 2015 Mayor Laufenburger: Thank you Lieutenant. Welcome aboard. Lt. Eric Kittelson: Thank you. Mayor Laufenburger: We’ll see you next month. Todd Gerhardt: Mayor, council I just want to also thank Sheriff Olson for coming down and introducing Lieutenant Kittelson. You know we’re in a great position here in the city of Chanhassen being able to contract with Carver County for law enforcement services. Just listening to the resume of Eric and Jim’s is very similar and Lieutenant Enevold’s is very similar. The County does a great job of rotating employees around to get different experiences so when we have a new chief law enforcement officer here, they come with a lot of experience and well rounded and probably have patrolled Chanhassen in the past so I just want to thank the Sheriff, Lieutenant Enevold and really look forward to working with Lieutenant Kittelson here in the future. I think we’re in good hands and thank Jim for his service to all Carver County. So that’s it. Mayor Laufenburger: Ditto. Alright. Our monthly fire update. Chief Johnson is here with us tonight. Chief, welcome. Chief Don Johnson: Good evening Mayor and council. This is my report for the month of March. As I’ve reported all along we’ve been doing really well with personnel and since then now we’ve lost two. We did have one retirement and we’ve had another one move from the area. I know of two more that are going to depart here in the next few months. We’ve got an additional retirement coming up and another fire fighter moving from town so with that it leads into our segue here. We’ve got 13 to 14 viable candidates in our pool. We had over 20 applicants for fire fighter and we did have to screen some out with the geographical requirements that we have being within 8 minutes of one of our stations. We do have a good strong candidate th pool that we’re comfortable with. May 5 is our informational night for the candidates and their families to come and talk about the fire department and hear from us and kind of talk about what they’re getting themselves into before the testing and interview phases start so we do have a th tentative hiring date of July 13 and be working with city staff on the number of positions we’re going to have after the interviews shake out. For March we had 48 calls for service. We did have one structure fire. It was fortunately in another city so we did go and help them with their fire. We did have two motor vehicle accidents. One involving a pedestrian over at Byerly’s. No serious injuries but everyone’s fine after that. Our training since we’ve talked last, we’ve had a team building fitness training. Fire fighter skill proficiency stations. We did finish the second phase of the emergency driving course that we take every 2 years at Dakota County. The fire fighters each sign up for an extra Saturday and we went to Dakota County and Dakota County Tech with our vehicles and some of their’s and ran the actual course. Course work with our vehicles which is irreplaceable training for us when we get put in, you know get to test those kind of things on the street so it’s a safe environment and it teaches us a little bit more about our vehicles and hopefully we don’t have to use evasive maneuvers and things like that in our response here. We also had radio communications training and we did send 7 fire fighters to Mankato State School. They took classes in active shooter and response to IED’s. Crash investigations. Intro to Fire Department Relief Associations. Rope rescue and highway safety 9 Chanhassen City Council – April 27, 2015 incident and this is another great avenue for us to be both supporting the state school system but our fire fighters all getting trained in the newest and up to date training. Other activities that we’ve had. We have compliance that we have to comply with for the National Fire Protection Agency with some of our trucks and our equipment and those are annual compliances that we have to come up with. Two of those have been done already. We had pump certifications on all fire apparatus in Chanhassen. Any repairs that were necessary were done with the vendor and/or our shop folks. Annual Self-Contained Breathing Apparatus equipment was all tested. That includes our face masks and the actual tanks and mechanisms for our safety so again we’ve got a couple more coming up and those are annual compliance factors that we have to meet. I have some information there on the fire inspections. We had no fire investigations to report of. As the council’s aware we’ve been very busy with a lot of the businesses with either plan reviews, pre-plan fire system certifications and walk through’s and sign off’s and that will continue as well as you know we’ve got other things going on within the city. I do have a message for the citizens. We’ve been dealing with grass fires in the past here. Some of our climate this year is very dry. We did have a gentleman in the western district burn about an acre off of his back yard and some others and basically his response was, I didn’t realize how fast this could get away. We have extremely dry conditions right now and what I’d like to do is remind everyone here that we do have restrictions in Chanhassen. The State does post on the DNR website what the fire conditions are for the state of Minnesota by county. We look at that daily. As of today we were in high fire danger and we are now in a burning permit required phase. It came off of the no burning restrictions for many counties but that can change on a daily basis. If we continue to have very little to no rain we’re going to continue to get worsen conditions to deal with. Setting aside that we do have an ordinance for recreational or camp fires here in Chanhassen. All of those rules are posted on our Chanhassen website. If you are out of compliance with those rules you may end up talking with Lieutenant Kittelson’s staff if you cause a situation that either endangers others. Endangers property or gets out of your control in a hurry and a couple of those I can talk about. We need you at 25 feet from combustible house, shed, fence. You can only burn clean materials so I think there’s a misnomer that people can take all of their leaves and just burn them all day long in their back yard. You cannot burn leaves. Leaves smolder. You don’t know when they’re out. You can burn clean firewood as branches, things like that but you cannot burn leaves and other yard waste materials. You can’t burn anything that’s painted, stained. Any of that type of thing and the fire has to be 3 by 3 by 3. We want people to enjoy themselves. We want them to have fun but the 12 and 15 foot fires where you’re burning up oak cabinets and things like that will get you into trouble when either the fire department shows up and/or our law enforcement partners so we want people to be safe. We want them to have fun and enjoy those type of things with the warmer weather but understanding what’s going on in the state here. We have to be very careful and cognizant of other people’s property and hopefully don’t cause a life safety situation so with that, that is my report for March. I can stand for questions. Mayor Laufenburger: Any questions for the Chief? Just a clarification Chief. You said high danger, permits required. Chief Don Johnson: Correct. Mayor Laufenburger: Even recreational permits? 10 Chanhassen City Council – April 27, 2015 Chief Don Johnson: No. If you’re in a 3 by 3 by 3 fire pit in your back yard we’re not requiring permits at this time. Mayor Laufenburger: So 3 feet means 3 feet wide, 3 feet deep, and no more than 3 feet tall. Chief Don Johnson: Three feet tall. Mayor Laufenburger: Flames 3 feet high, is that correct? Chief Don Johnson: Correct. Correct. Mayor Laufenburger: Okay so as long as you’re in that compliance. Chief Don Johnson: Correct. Mayor Laufenburger: And 25 feet from combustible. Chief Don Johnson: Areas. Mayor Laufenburger: And burning clean, then you’re okay. Chief Don Johnson: Correct. Correct. The Fire Marshal’s monitoring any other burn permits. We obviously have homeowners with large areas still in town here. Mayor Laufenburger: Yep. Chief Don Johnson: If folks do have a question about burning larger piles, some of the developers like to burn off the old wood when they clear areas. They can contact myself or the Fire Marshal through the website and the Fire Marshal does monitor that. We’ve been holding off quite a few folks that want to have bigger burns until things green up and we do monitor that daily but the Fire Marshal is a good resource for asking those types of questions and dealing with it from the beginning to the end. And the other thing is we do have some prescribed burns going on set aside. The Arboretum today we did have some burning going on at the Arboretum. I believe Eckankar has a permit to burn quite a bit of acreage and they do hire a company. Usually Prairie Restorations to do that for them and then that does require a DNR permit and a permit from the City of Chanhassen. Mayor Laufenburger: And then you also, you may or may not choose to monitor the burn is that correct? Chief Don Johnson: We will monitor all burns in town and we continue to do that. The Fire Marshal and myself. Mayor Laufenburger: Wonderful, alright. Chief thank you very much. 11 Chanhassen City Council – April 27, 2015 Chief Don Johnson: Thank you. PUBLIC HEARING: 2015 STREET REHABILITATION (CARVER BEACH AREA) PROJECT NO. 15-01: ASSESSMENT HEARING; AWARD CONTRACT. Mayor Laufenburger: Let’s begin with a staff report and then we’ll go to a public assessment hearing, okay? Paul Oehme: Thank you Mayor, City Council members. I have a brief presentation here for you. This year’s street improvement project is the Carver Beach area. It’s approximately 4.3 miles in length. This project was started basically back in last summer where we visited with the council about the proposed project for this year and we did have a neighborhood meeting in November to talk about the project with the area residents. We did have another public hearing, formal public in January with the council and tonight we’d like to finish up the public approval process with the assessment hearing. The streets in this area are varied. They vary in width between 16 and the 26 ½ feet wide. Some areas are overgrown with, which reduce the visibility of the street so that city crews have cleaned up a majority of the brush and some of the overhang branches in the area to plan for the street reconstruction project. Streets in this area are generally about 40 years old. Nez Perce Court is a little bit newer than that. That has curb and gutter. The area has been sealcoated several times for minor maintenance. Back in 1993 and 1998 as well. Existing curbs are mainly in the Nez Perce area as well. This slide shows the condition of the streets. The numbers associated with each of the streets show the PCI. The performance condition index so basically from a 100 represents a newer street back to a zero which represents a zero represents a gravel street basically so there are a lot of streets in this area that are in the lower range of conditions. The area is needing basically under this scenario a total reconstruct or a, in this case replacement of the entire pavement section. The streets can not be maintained any more with just minor maintenance such as sealcoating or just pothole repairs. It just becomes very onerous. Street improvements, majority of the streets are proposed to be full depth reclaimed. Basically grinding up the existing pavement. We use that material for base material and also fixing softer areas within the streets. Some of the material will be trucked off though. We do intend to replace the milled up pavement with 4 inches of new pavement as well. We’re fixing some minor drainage areas along the way and some low spots. Roadway width will generally stay the same. Installation of curb and gutter behind storm sewer structures and other critical drainage areas is also recommended just for longevity of those areas as well in the storm sewer system in general. Street widths, streets with curb and gutter are proposed to be surface milled so basically we would be milling off the edge of the pavement against the curb about 6 feet and tapering to 0 and then overlaying the streets with a new 2 inch mat. Basically paving the street with a better curb or a crown that it has today so the water can drain off that section of road better than it does today so basically those improvements are proposed in the Nez Perce Court area. Nez Perce Drive area. Just want to touch briefly about, on some of the utility improvements that are being proposed. There are a bunch of storm sewer improvements that we’d like to make in conjunction with this project. First project area is Woodhill Drive. There’s a low point on the east side of the project area. The culvert underneath the road has deteriorated. We’d like to replace that along with replacement of that culvert we’d like to reshape or raise the profile of the road there. On heavier rain events this roadway section has flooded over time. We’d like to change the low point of the road there too to try to get it off an adjacent property 12 Chanhassen City Council – April 27, 2015 owner as well. Installation of storm sewer systems upstream from here too is also recommended. Down on Lotus Trail along Lotus Lake we’d like to make some improvements along this section of roadway. There are several out falls that directly discharge into the lake without any treatment. We’d like to try to capture some of that water into environmental manhole. A SAFL baffle which takes out the fine particulates as best as we can in a storm sewer structure. It also takes out the floatable materials if there’s any oil or pop cans or things that can float in there but mainly it takes the sediment, the sands and some of the silts that wash out in this area and captures in the catch basin before it discharges into the lake. City crews would then on occasion monitor these sump manholes. We’ll Vactor those out and maintain the water quality in the lake better than it is today. Watermain improvements. We have looked back at the watermain breaks in this area. They are very low. We only, I think we only identified one watermain break. However some of the, most of the hydrants in this area have mechanical issues with them so we’d like to replace the hydrants at this time. There are some hydrants that city staff, utility department would, will also be replacing outside of the contract area. The sanitary sewer improvements that we’ve identified. We did televise all the sanitary sewers in the area. We did find more problem areas than we had anticipated in our feasibility study. There are approximately, in the contract right now there’s 453 feet of sanitary main underneath the road that we’d like to replace. Either it has a belly or it has a crack. I and I problems or it’s smooshed. It’s egged. There’s some maintenance problems with that pipe that we’d like to replace. There are 3 manholes in the project area that are leaking or have cracked or structurally are not sound. We’d like to replace those 3 manholes in conjunction with this project as well so we don’t in the future don’t have to dig up the road. Each one of the manholes, sanitary manholes in the project area we like to put I and I barriers in. Basically that’s the top plastic covering over the manhole rings just so the surface water does not get into the manholes as well. And then there are, we did televise the project area again and there are 10 services or Y’s within the right-of-way that are problems with the I and I that we’d like to also take care of. We did offer up to the property owners, staff, the camera to televise their lateral services and we have not found any services that need to be replaced at this time in conjunction with this project. The assessment area is basically Carver Beach is an old plat. Basically it was platted back in 1927. Lots were I think 10 by 20 at that time on 100 feet long and over time the area has developed and all these parcels have combined into one form or another but kind of haphazardly and what we’re finding is there, you know there are vacant lots that are within the project area that we feel are potentially development or can be built upon and based upon our assessment practice if there is a lot that’s in the project area that has potential development associated with it, or can be built upon those lots are proposed to be included in the assessment roll. There are many existing lots of record that don’t meet City zoning ordinances so there are smaller parcels out there that can’t be built on so we negated those parcels from the development, or from the assessment roll but the ones that we feel, working with the planning department that can be developed, those are the ones we did include in the assessment roll. The highest use of vacant properties were assumed to be assessed as I had indicated. There are 5 properties in the area that have continuous parcels basically. They have two lots that either are built upon or are vacant and we had talked to those property owners about if they wanted to combine those parcels into one lot then they would only be assessed for one assessment unit. Otherwise if they wanted to keep them separated they would be proposed to be assessed for two lots since we feel that these lots can be developed in the future. Thus showing that we have a benefit for that parcel. One example is, was over on Mohawk. This lot right here or these two lots are owned by the same property owner. One is, 13 Chanhassen City Council – April 27, 2015 has the house on it and one is currently vacant but potentially can be built upon so this parcel here is being proposed for assessment. We did again offer up this property owner the opportunity, if he wanted to combine the lots there would only be one assessment at that time so. Mayor Laufenburger: So in this case same property owner of both lots. Paul Oehme: Exactly. Mayor Laufenburger: Okay. Paul Oehme: Yep, same property owner and same lot. There’s two lots. There’s two assessments proposed in the project area for these two lots but we still offered up the opportunity to the property owner if they wanted to combine the lots into one parcel there would only be one assessment so knowing that this is a unique area I think we tried to accommodate you know the resident’s concerns about what can be assessed or what should not be assessed as best as we can. So assessment analysis. If any of the property owners submit proof of the lot combinations prior to November of this year staff recommends that the council a public hearing and modify the assessment roll based upon the combination of those lots and we’d like to eliminate that parcel or that parcel from the assessment roll at that time. We have been working with several property owners in this area, since November. Since we first met with them and I know there are at least 3 or 4 property owners that have combined their lots so they wouldn’t be assessed more than one unit. That’s basically a brief background of the project itself. We did take bids back in March. The bid totals are here. Bids that we did receive. GMH Asphalt was the low bidder on the project. They have worked with the City, on city projects like this before. Their work has been acceptable. Based upon the construction costs or the bids that we received, GMH costs associated with the project are shown here and what was budgeted. We did include contingencies and indirect costs basically paying for the soil borings and surveying work and those type of things necessary for the project and the project costs. We did add some contingencies to the utility costs as well. Estimate as well so staff is requesting from the Riley- Purgatory Watershed District to help out with some of the storm sewer improvements. We are adding I think 4 or 5 sump manholes. Environmental manholes to the project area. We’d like to have partner with the Watershed District to help pay for some of those improvements. Staff is also requesting that the sanitary sewer budget in 2015 be adjusted to reflect the additional storm sewer or the sanitary sewer infrastructure needs for this area as well. With that the proposed assessments are shown here. The assessments are based upon the assessment practice that we have at the City of Chanhassen here. We’re 40 percent of the benefiting costs for roadway improvements are proposed to be assessed back to the property owner so for example the Nez Perce, the edge mill area, there’s about $30,000 worth of improvements for streets in that area. 40 percent of that cost is proposed to be assessed back to the benefiting property owners. There’s 13 parcels in that area with a unit price of $937.08 and again this is based upon the bid that we received from GMH. Likewise with the full depth mill and overlay, or full depth mill and overlay which is a majority of the Carver Beach area, the proposed assessments going through the same calculation methodology is $2,596.96. There is one property on Nez Perce Drive where there’s a transition between the full depth mill and the edge mill so we did give some compensation or some acknowledgement that they didn’t get one or the other project area fully so. For all the assessments there, the terms of the assessments are proposed to be 8 years at 14 Chanhassen City Council – April 27, 2015 5 and a quarter percent interest. The property owners do have the ability to pay that assessment off in full before the end of November without interest as well. So if the project were to move forward per the schedule that’s here, the contractor would start the beginning of June. The contractor anticipates about 6 weeks of utilities within the area. We’re not going to allow the contractor to mill up the entire streets all at one time. We’re going to try and do it in about 4 or 5 stages. Generally I think we’re going to work from south to north with Carver Beach going to the west to Powers Boulevard being the last section of roadway that will be worked on this year. Substantial completion we’re anticipating the end of the summer, weather permitting. Owners will be notified basically the staging and scheduling as soon as we know from the contractor when they’re going to start or where they’d like to start and then ongoing notifications will primarily be through our website and then door hanging and if there’s any specific work going on in front of somebody’s house our inspector would be notifying those property owners at least 24 hours in advance. So with this if there’s any questions I’d be more than happy to answer them but prior to the assessment hearing I’d just like to reiterate that any property owners who want to object to the assessment must file a signed written objection before the assessment hearing is closed. Filing an assessment objection after the public hearing or the assessment hearing would not be valid and to date the City has not received any written assessment objections for this project. And with that I’d like to, oh I’d like to stand and if there’s any questions. Mayor Laufenburger: Thank you Mr. Oehme. Any, let’s begin with any questions from council for Mr. Oehme. Mr. Campion. Councilman Campion, go ahead. Councilman Campion: I’ve got a couple questions. Paul, how do these assessments compare with the estimate in the early notice? Paul Oehme: Sure. They’re below what the original estimate was. I should have brought that along. I think the original estimate was like $2,900. I think it was like $2,800-$2,000 dollars. Councilman Campion: Okay. And second question was, the cost impact of the sanitary sewer replacements that were worst than expected, did that have a big impact or, it sounds like it didn’t push it over the original budget. Paul Oehme: Overall the budget is shown here so basically we budgeted a little over, or $2.2 million. A little over $2.2 million. The total budget or the total bid amount that we received was $1.947 million so overall we are under the budget that was established but sanitary sewer wise we’re a little bit over based upon the bids that were received back just because of the. Councilman Campion: So that item came over a little bit but the others made up for that? Paul Oehme: Yep. Exactly. So what would mainly was under budget was the street project so originally we had budgeted, or we had estimated $1.6 million dollars. This was in the feasibility study. $1.6 million dollars and the street portion of the project came in at $1.43 million so we did receive very favorable bids this year for the streets. Councilman Campion: Okay. 15 Chanhassen City Council – April 27, 2015 Mayor Laufenburger: And Mr. Oehme just to clarify, the sanitary sewer work is paid for by the City. Not through assessments, is that correct? Paul Oehme: That’s correct. Mayor Laufenburger: Okay, so though the sanitary sewer work is a little bit more than we had originally planned, that has no impact on financial impact on the residents. Correct? Paul Oehme: Exactly, or has no impact on the assessment amount. Mayor Laufenburger: Okay, alright. Any other questions for Mr. Oehme. Todd Gerhardt: Mayor, council just to. Mayor Laufenburger: Mr. Gerhardt. Todd Gerhardt: Clarification on the total cost of the edge and, edge mill and overlay, the $30,455, that’s $929 dollars less than the feasibility estimate of $1,866. Mayor Laufenburger: Of the assessment you mean? Todd Gerhardt: Correct. On the per unit assessment. Mayor Laufenburger: Right. Todd Gerhardt: And then on the full depth mill and overlay it’s $255.80 less than the feasibility estimate that we presented back in January. Mayor Laufenburger: Okay, so financially this is better news than they, than the residents had heard before? Paul Oehme: That’s correct. Mayor Laufenburger: Okay, alright. Any other questions for Mr. Oehme? You mentioned something about, you’ve approached the watershed to help with some of the work down in Carver Beach. Any indication of whether or not they’re going to be able to help? Paul Oehme: Well we’re going through the process. I think they, Terry Jeffery out of our office had approached the Watershed District on that. I think they’re scheduled to talk about it at a future Watershed District meeting. Mayor Laufenburger: Okay, good. Let’s see. Okay. At this time I’m going to open the public hearing on assessments and as I open this I just want to remind any residents who may want to speak at this time regarding the assessment, or the project, that as Mr. Oehme said if you would like to object to the assessment for your particular parcel for any reason, we just ask that you 16 Chanhassen City Council – April 27, 2015 submit in writing prior to me closing the assessment hearing so I’ll, Mr. Gerhardt you’ll remind me of that won’t you? Todd Gerhardt: Yes. Mayor Laufenburger: Okay. So at this time I will open the public hearing. If there’s anybody present that would like to speak to this project, this street rehabilitation project, please step to the podium and tell us your name and address. There you go. You are welcome. Denise Gray: I just have a quick question. Mayor Laufenburger: Tell us your name please. Denise Gray: My name’s Denise Gray and I live at. Mayor Laufenburger: Denise Gray, where do you live? Denise Gray: I live at 871 Nez Perce Court. Mayor Laufenburger: Okay. Denise Gray: Is this the assessment hearing that they would have to have submitted? Mayor Laufenburger: That’s correct. This is, we are now in this process and so if. Denise Gray: Okay. Okay that’s really all I really wanted to know because I have some friends who have complained and I said well go to the meeting. But it’s too late then. Mayor Laufenburger: Well if they show up before I say closing the assessment hearing. Denise Gray: I doubt it. Mayor Laufenburger: If they’re not here. If you want to text them, please do. Denise Gray: No, no. That’s all. Mayor Laufenburger: Okay. Alright. Denise Gray: Okay thanks. Mayor Laufenburger: Well thank you very much. Anybody else like to make a comment regarding this proposed project? Alright before I close the assessment hearing Mr. Oehme could you just clarify for me. You did talk to the residents, specifically those residents of these multiple parcels, is that correct? Paul Oehme: That’s correct. 17 Chanhassen City Council – April 27, 2015 Mayor Laufenburger: Okay. And you said of the 5 that you identified, 3 or 4 of them have already submitted application to combine their parcels, is that correct? Paul Oehme: Actually the 5 that I had previously mentioned, those haven’t been combined yet so there’s 5 that we identified out there that are still outstanding. Mayor Laufenburger: Oh okay. Paul Oehme: We would like, they still have the opportunity I think from a staff’s perspective they still have the opportunity to combine them but they have to be done by the end of the year before the assessment roll is sent to Carver County. There’s I think 4 or 5 of them that we already, the property owners have already combined and gone through the process at Carver County so those are already done. There’s I think. Mayor Laufenburger: And those are not specifically highlighted or identified in this packet. Paul Oehme: That’s correct. Mayor Laufenburger: So the ones that are in the packet, I think there was 5 properties. Paul Oehme: Right. Mayor Laufenburger: These are people who have not taken steps. Paul Oehme: Right. Mayor Laufenburger: But have they talked to you about it? Paul Oehme: They have. Right, exactly. Mayor Laufenburger: Okay. So they may be in the process of doing that. Paul Oehme: Exactly and we heard from one property owner that he’d like to go through the process yet last week so he’s, it sounds like he’s going to start the process and work with Carver County on getting those done in the near future. Mayor Laufenburger: Okay. And related to that Mr. Oehme, so I’m looking at what you have on the screen right now. There are 216 assessable parcels. That includes some of those multiple parcels from a single owner, is that correct? Paul Oehme: That’s correct. Mayor Laufenburger: And if let’s say for example 3 of those choose to combine their lots. Combine the parcels to create one lot and 3 parcels are eliminated, does that mean that the number 216 of assessable parcels will drop to 213? 18 Chanhassen City Council – April 27, 2015 Paul Oehme: Well what we’re proposing is, we could do it that way. We could do that. Mayor Laufenburger: Or? Paul Oehme: Or the City just. Mayor Laufenburger: Absorb. Paul Oehme: Absorbs the rest of the assessments so. There’s two options there. Mayor Laufenburger: Do you have a recommendation? Paul Oehme: I’d like, well Roger. Mayor Laufenburger: The other thing is, Mr. Knutson is there anything by Statute that would require that? Roger Knutson: The next result is the same thing. Because if you combine them you’re only going to be charging them for one parcel except for the City will be absorbing the rest. We’ll process that in November if anyone wants to combine. Paul Oehme: Right. So basically. Mayor Laufenburger: As always Mr. Knutson has a perfect answer. Okay. That answers my question Paul. Paul Oehme: Okay, thank you. Mayor Laufenburger: Okay once more. Is there anybody that would like to speak during the assessment hearing? Therefore at this time I will close the assessment hearing bringing this action back to the council for comment or motion. Any council member want to make a comment? Or motion. Councilman McDonald: I’ll do a motion Mr. Mayor. Mayor Laufenburger: Alright, Mr. McDonald. Councilman McDonald: Make the following motion. That the City Council adopts the attached Resolution accepting the bids and awards the contract for the 2015 Street Rehabilitation Project 15-01 to GMH Asphalt Corporation in the amount of $1,805,590.57. Further that the City Council adopts the assessment roll for City Project 15-01, Carver Beach Area Street Rehabilitation and the attached Resolution. Mayor Laufenburger: Thank you Councilman McDonald. Is there a second? 19 Chanhassen City Council – April 27, 2015 Councilwoman Tjornhom: Second. Mayor Laufenburger: Thank you Councilwoman Tjornhom. Is there any discussion? Resolution #2015-25: Councilman McDonald moved, Councilwoman Tjornhom seconded that the City Council adopts the attached Resolution accepting the bids and awards the contract for the 2015 Street Rehabilitation Project 15-01 to GMH Asphalt Corporation in the amount of $1,805,590.57. Further that the City Council adopts the assessment roll for City Project 15-01, Carver Beach Area Street Rehabilitation and the attached Resolution. All voted in favor and the motion carried unanimously with a vote of 5 to 0. PRESENTATION OF CERTIFICATES OF APPRECIATION TO COMMISSIONER TYLER KOBILARCSIK, PARK AND RECREATION COMMISSION. Mayor Laufenburger: Before we go to our next item, I see that one of our, one of the commission members for whom we are presenting a Certificate of Appreciation has arrived so I’m going to pause in the agenda and step out front for just a moment. I would ask Tyler Kobilarcsik, if you’re here if you’d come forward. So you had a track meet, is that right? Tyler Kobilarcsik: Yeah, I just came straight here. Mayor Laufenburger: You ran all the way? …is that your? Tyler Kobilarcsik: That’s my number, yeah. Mayor Laufenburger: So how did you do? Tyler Kobilarcsik: Good. We actually got first in the 4 by 800. We got second in the distance medley and we got second in the 4 by 400. Mayor Laufenburger: My gosh. Tyler Kobilarcsik. Ladies and gentlemen, this is Tyler Kobilarcsik. Tyler was youth representative on the Park and Recreation Commission for one year. During his time serving as a youth commissioner Tyler brought a fresh perspective that gave the commission into insight into new trends and what the younger population was looking for in program offerings and community events. Tyler’s input will be missed and we wish him the very best for a very bright future so Tyler it is on behalf of the entire council and City staff and the citizens of Chanhassen I present you this Certificate of Appreciation. What waits for you after this year Tyler? Tyler Kobilarcsik: I haven’t yet decided. Got 4 days to decide. I’ve gone to 4 schools to choose from. Mayor Laufenburger: How many days? Tyler Kobilarcsik: Four days. 20 Chanhassen City Council – April 27, 2015 Mayor Laufenburger: Four days to decide between four schools. Tyler Kobilarcsik: Yeah. Mayor Laufenburger: Are you thinking about throwing dice or how are you going to do that? Tyler Kobilarcsik: Haven’t yet decided. Maybe flipping a coin. Make a bigger bracket possibly. Mayor Laufenburger: But you’re a skier aren’t you? Tyler Kobilarcsik: Yes. I’m a skier and runner so. Mayor Laufenburger: Nordic or alpine? Tyler Kobilarcsik: Nordic. Mayor Laufenburger: Nordic. Tyler Kobilarcsik: Yeah. That makes it difficult. Academics and athletics balance, it’s pretty hard. Mayor Laufenburger: Well Tyler on behalf of all of us it’s been a pleasure watching you with the Park and Rec Commission but also watching you at Chanhassen High School. I wish you the best of luck in your future career. Tyler Kobilarcsik: Thank you. Thank you. Mayor Laufenburger: Alright, thanks Tyler. Todd Gerhardt: I guess Florida State’s out. Mayor Laufenburger: Probably. REDSTONE RIDGE, 6341 AND 6400 TETON LANE, APPLICANT/OWNER: CHRIS MAY/CITY OF CHANHASSEN: A. CONSIDER APPROVAL OF PRELIMINARY PLAT WITH VARIANCES OF 2.74 ACRES INTO FOUR LOTS (TWO NEW HOMES) ON PROPERTY ZONED SINGLE FAMILY RESIDENTIAL (RSF) AND LOCATED AT 6341 AND 6400 TETON LANE. APPLICANT/OWNER: CHRIS MAY/CITY OF CHANHASSEN. B. PUBLIC HEARING: CONSIDER ADOPTION OF RESOLUTION APPROVING VACATION OF RIGHT-OF-WAY/EASEMENTS. 21 Chanhassen City Council – April 27, 2015 Kate Aanenson: Thank you Mayor, members of the City Council. I’ve actually in this presentation combined the preliminary plat with variances with the right-of-way vacation so, and both motions will appear at the end. Mayor Laufenburger: Okay. Kate Aanenson: So as you stated this is an application for, to subdivide property by the owner at th 6400 Teton Lane. This item did appear before the Planning Commission on April 7. They unanimously approved approval of the request. There was a concern from a resident regarding some drainage issue which I’ll go through when we get to that section. Again the City Council does approve the vacation of a right-of-way so that was re-noticed as a part of this application. While we discussed at the Planning Commission that’s within your purview. So again there’s two existing lots of record. 6341 and 6400 Teton Lane and you may remember that we had a subdivision up in this area right here. The Fretham so this is immediately south of that again on Teton Lane. So there’s two existing homes that are being reconfigured to create two additional lots so the existing homes will stay and there will be two new lots so there is some, as the City Engineer’s talked about, sometimes you have separate PID’s but they’re under similar ownership so that is the circumstance here on this property. The site is 2.74 acres with the 4 lots. The property is zoned Residential Single Family and the homes will stay as I indicated. There’s a swimming pool and detached garage on the one home and the driveways will all exit either Bretton or Teton Lane. So as I indicated this is the right-of-way. Street right-of-way that we’ll be vacating and I’ll go through that process in just a minute. So as always we ask an applicant to show what the implication would be if you met the city ordinance, in this circumstance providing 60 foot right-of-way with a cul-de-sac. It did do excessive amount of grading on the site and with the two existing homes we felt that it could be better served using a neck lot and that’s what the variance is for is to provide for the neck lot. So you can see here, this I the preliminary plat so the existing home again that would be served with what we call a flag lot. A neck lot and that’s what the variance is for. So within your staff report we did put the Findings for the variance request. All of the lots are in excess of 15,000 and actually the largest one is almost 30,000 square feet so all the lots meet the minimum requirements of the RSF zoning district. In addition they all meet the 25 percent. We believe they meet the 25%. Before they come back for final plat we’ve asked them to re-calculate that. Mayor Laufenburger: Hard surface. Kate Aanenson: Hard surface calculation, correct. On those. Again the subdivision findings are also in your staff report. So the vacation for the right-of-way is as shown on the plat here is a part of the right-of-way is usually dedicated as part of Registered Land Survey No. 11, Tract 6. The staff has determined that this right-of-way is not needed for any roadway purposes. Again it’s really adjacent to another parcel that’s owned by the applicant so we believe it makes sense to put it on the tax roll and vacate that portion so, because it has no purposes for roadway access we would recommend vacating that. So to again just to note to address the private utilities on the vacation shall include existing, will have affect, vacating does not affect any utilities that are within that right-of-way so that’s always something that we would verify too. So again this is the plat showing the lots. When this item went before the Planning Commission there was some concern regarding drainage. This is relatively steep along this side here so the City, engineering 22 Chanhassen City Council – April 27, 2015 department did address those concerns stating how the drainage is going back towards the streets. That was just the concerns of some of the residents on that neighborhood and I believe that those were adequately addressed. So with that we are recommending the preliminary plat with the variance for the neck lot and then we also are recommending approval of the vacation of the right-of-way and I’d be happy to answer any questions that you may have. Mayor Laufenburger: Alright, thank you Ms. Aanenson. Council have any questions of Ms. Aanenson on this? Councilman Campion, please. Councilman Campion: I have one question Kate. So the property owners were receptive to changing from the cul-de-sac to the neck lot? Kate Aanenson: Yeah. I think their first choice was to do this but we always, we always want to show that if we put a private street in, that’s always the preferred method but because there’s two existing lots and the amount of grading pushing that to that slope and the tree loss there, we felt because the two homes here will stay. It seemed like a lot of impact to the two existing home. The two new homes will meet the required frontage and they would access also off of the public street so we didn’t feel it was necessary to provide a cul-de-sac for that purpose. Councilman Campion: Okay. Mayor Laufenburger: Any other questions? Ms. Aanenson. You made reference to, I think your phrase was similar ownership so the existing, there are two existing lots right now and these two owners, they must be similar. Either familial or good neighbors that they’re agreeing with this arrangement, correct? Because it looks like one of these lots, Lot number 4 specifically is going to be smaller than it was. Kate Aanenson: Correct. Correct. Mayor Laufenburger: Is that right? Kate Aanenson: Yes or under one ownership, yes. Mayor Laufenburger: Okay. So maybe I’ll have the applicant speak to that. Kate Aanenson: Yes. Mayor Laufenburger: Okay. Alright. And then secondly we are not creating any non- conformance by these lot lines, for example the setbacks. Kate Aanenson: That’s correct. Mayor Laufenburger: Okay, alright. Kate Aanenson: So the only, and that was something that’s always the creative part of doing it is you know when you take the existing conditions and you look at kind of these anomalies of 23 Chanhassen City Council – April 27, 2015 separate PID’s. How these were, as we talked about in Carver Beach, kind of these remnants. So it cleans this all up and then the existing lots that was a variance just making sure, depending on the type home. We always have them show a 60 by 60 pad but as you know they may build something different but we want to calculate that for the hard coverage before we final plat. Mayor Laufenburger: Okay. Well before I open the public hearing on this I guess I will ask the applicant to step forward and if he or she would like to make any comments. Is the applicant present tonight? Chris May: Sure. Mayor Laufenburger: Okay. Just ask that you state your name and your address. I’m hoping it’s one of these two. Chris May: Hi, I’m Chris May. I own the house at 6400 Teton Lane. That’s the large parcel on the east side. Mayor Laufenburger: Number 3? Chris May: Yep. Mayor Laufenburger: Okay, alright. Chris May: So we are familiar as my brother is the neighbor next door and we worked it out internally to do a property line adjustment for the road frontage along Teton Way and we’ll actually go together with you know it’s kind of a joint venture to kind of subdivide that out and most likely sell the lots off or build something, custom homes on those first two lots. Mayor Laufenburger: Gotch ya. And you’ll be, it looks like you’re going to have to move your driveway, is that right? Chris May: Yeah it’s unfortunate. It’s probably maybe a year old. We had an old gravel driveway that went down to the end that we paved like last summer and so we’ll have to redirect that out but I think it’ll be a lot less shoveling. Mayor Laufenburger: Probably so. Any other comments? Chris May: No, I just appreciate you looking this over and offering to take a look at the variance for the bottle neck of the driveway. You know for us it’s preferred to kind of keep the existing homes and avoid having to have a cul-de-sac so. Mayor Laufenburger: Sure. If you wouldn’t mind just a minute, any council members have any questions for Mr. May? Okay, I think you’re good to go. Thanks Chris. Chris May: Alright, thank you. 24 Chanhassen City Council – April 27, 2015 Mayor Laufenburger: Alright. At this time I will open the public hearing. Ms. Aanenson I think the public hearing is required for the vacation of the right-of-way, is that correct? Kate Aanenson: That’s correct. Mayor Laufenburger: Alright, but if anybody is present in the chamber that would like to speak to the proposed vacation of the right-of-way please step to the podium and state your name and address. Alright, there being none I will close the public hearing and bring it back to the council for any questions, comments or motions. Could you put that motion up there Kate? Thank you. Any questions or comments or a motion? Councilwoman Tjornhom: I’ll make a motion. Mayor Laufenburger: Thank you Councilwoman Tjornhom. Councilwoman Tjornhom: Unless there’s more comments. I’m sorry. Mayor Laufenburger: Did you have a comment Mr. McDonald? Councilman McDonald: No, no comment. I was just getting ready to, go ahead. Councilwoman Tjornhom: Alright. Mayor Laufenburger: I want to say this too. This is for people both in the chambers as well as people watching at home. We ask for staff reports on everything but I want you all to understand that we have a very extensive packet that’s delivered electronically to us about 5 days before every council meeting and we as council members, our responsibility is to review that packet so the first time we’re hearing something is not the first, not when Ms. Aanenson or Mr. Oehme or Mr. Hoffman say something to us, we’ve had extensive time to read and review and in some cases even ask questions of the council so when you don’t hear any council comment it doesn’t mean that we don’t care. It just means that we’ve gotten all of our questions answered and we’re prepared to move forward. I think we’re prepared to move forward, are we Councilwoman Tjornhom? Councilwoman Tjornhom: Absolutely. Mayor Laufenburger: Alright. Councilwoman Tjornhom: Alright Mr. Mayor I’d like to make a motion that the City Council approve preliminary plat with variances to replat 2.74 acres into 4 lots, Redstone Ridge on property zoned Single Family Residential and located at 6341 and 6400 Teton Lane and adoption of the attached Findings of Fact and Recommendation. Moving on I’d also like to make the motion the City Council adopts a resolution approving the vacation of the right-of-way area dedicated as RLS 11, Tract C described in the attached legal description. Mayor Laufenburger: Very good. Is there a second? 25 Chanhassen City Council – April 27, 2015 Councilwoman Ryan: Second. Mayor Laufenburger: Thank you Councilwoman Ryan. Any discussion? Councilwoman Tjornhom moved, Councilwoman Ryan seconded that the City Council approve Preliminary Plat with a Variance for the use of a neck lot to replat 2.74 acres into four lots, Redstone Ridge, as shown in plans dated received February 14, 2015, including the attached Findings of Fact and Recommendation, and subject to the following conditions: Park and Trail Conditions 1.Full park fees in lieu of additional parkland dedication and/or trail construction shall be collected as a condition of approval for Redstone Ridge for the two new housing units only. The park fees will be collected in full at the rate in force upon final plat submission and approval. Based upon the city’s 2015 single-family park fee of $5,800 per unit, the total park fees for Redstone Ridge would be $11,600. Engineering Conditions: 1.The plans shall show the first-floor elevations of existing buildings on adjacent properties. 2.The grading plans shall be revised to show the proposed elevations at each lot corner and at the corners of the proposed structures. 3.Draintile service must be provided for Lots 1 and 2 where runoff will flow from the back to the front of the lot. 4.A soils report is required indicating soil conditions, permeability, slope and water level if detected. 5.The plan must indicate that all swales discharging off site are to have the final 200 feet stabilized and the method to be used. 6.The silt fence must comply with City Detail 5300 which requires the use of metal tee-posts. 7.The silt fence shown across Lots 3 and 4 must be placed twenty (20) feet from the top of the bluff to ensure that entire bluff impact zone is protected. 8.Inlet protection shall be shown on all existing catch basins with the potential to receive runoff from the site or tracked material. 9.Plan must demonstrate the placement of a rock construction entrance and include a detail. 10.A note shall be made that no less than six (6) inches of topsoil, meeting the MnDOT specifications for 3877.2 Loam Topsoil Borrow must be placed to achieve the final grade and prior to the placement of any sod. 26 Chanhassen City Council – April 27, 2015 11.The plan must show a stockpile area for stripped topsoil. 12.The erosion escrow shall be required reflecting the quantity of topsoil necessary to place six (6) inches over Lots 1 and 2 excluding the 25% hardcover allowed with the Development Contract. 13.The grading plan shall label the elevation at the centerline of the proposed driveways. 14.The plan must label the proposed grade of the new driveway for the home on Lot 3. 15.The new driveway pavement being installed at Lot 3 may not exceed a width of 50 feet. 16.Escrow for the construction of the new sanitary sewer and water services and the associated restoration of part of Teton Lane will be collected with the Development Contract. 17.Surface Water Management Utility fees totaling $6,025.80 shall be due at final plat. 18.Partial water and sewer hookup fees will be due at the time of final plat; the remaining hook- up fees will be due with the building permit. The fees will be assessed at the rate in effect at that time. Environmental Resource Conditions: 1.Tree protection fencing will be required at the edge of grading limits near any preserved trees. It shall be installed prior to grading. 2.Each lot will be required to have a minimum of one tree in the front yard. Planning Conditions: 1.Approval of the subdivision is contingent on approval of the right-of-way vacation. 2.All lots must maintain a maximum hard surface coverage of 25%. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Resolution #2015-26: Councilwoman Tjornhom moved, Councilwoman Ryan seconded that the City Council adopts a resolution approving the vacation of a portion of the public right-of-way deeded as RLS 11, Tract C. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Laufenburger: Thank you very much Mr. May. Best of luck to you and your brother with whom you’ve duked it out for whatever you needed to do. Kate Aanenson: This will be back for final plat but typically we just put those on consent. Mayor Laufenburger: Alright, that will be fine. Thank you. 27 Chanhassen City Council – April 27, 2015 APPOINTMENTS TO THE ENVIRONMENTAL COMMISSION. Mayor Laufenburger: Over the last several council meetings we have made appointments to the Planning Commission, the Senior Commission, the Park and Rec Commission and the remaining commission we have to make appointments to is the Environmental Commission and first of all I want to say thank you to all of the applicants who applied for positions on the commissions. We do this every year in the February-March-April timeframe so I just, I’m pleased to say that we met many very accomplished and very capable candidates for these commission spots and I’m please to announce that we are appointing Mr. David Hess and Mr. Don, or I make this in the form of a motion. Of David Hess and Don Vasetka to, each to a 3 year term on the Environmental Commission and I will make that as a motion. Mayor Laufenburger: Is there a second? Councilman McDonald: I’ll second. Mayor Laufenburger: Thank you Councilman McDonald. Any discussion? Mayor Laufenburger moved, Councilman McDonald seconded to appoint David Hess and Don Vasetka to 3 year terms on the Environmental Commission. All voted in favor and the motion carried unanimously with a vote of 5 to 0. COMMISSION PRESENTATIONS. None. ADMINISTRATIVE PRESENTATIONS. Todd Gerhardt: Just wanted to announce that previous Mayor Tom Furlong was selected as the Rotary’s Citizen of the Year and will receive his award this coming Saturday at the Rotary Gala and I think Mayor Laufenburger will be kind of inducting him as our Citizen of the Year. Mayor Laufenburger: I’ll be launching him with a bottle of champagne perhaps. Todd Gerhardt: There you go and so very deserving award for him and for his years of service here on the City Council and being mayor of Chanhassen. Mayor Laufenburger: This is a, thank you Mr. Gerhardt. This is an award that Chanhassen th Rotary Club, part of Rotary International, they have been doing now, this is I think the 11 year if I’m not mistaken. The first award winner back in oh it must have been ’05, am I saying it right Todd? Was Al Klingelhutz and a number of people all very, very deserving citizens of Chanhassen have received this distinguished service award of citizen of the year and same thing was true this year. There were many, many candidates. More than 50 organizations were invited to submit nominees to this event and Rotary voted on it. I think was it a week ago or a couple weeks ago and Mr. Furlong, Mayor Furlong will receive that award on Saturday night at the Rotary Gala held at Oakridge and tickets are available if you would like to attend. This is a major fundraiser by the Rotary Foundation every year and they raise money and that money is returned to the city of Chanhassen and every year there are worthy causes that are the recipients 28 Chanhassen City Council – April 27, 2015 of the funds from this Rotary Foundation so if you’re interested just Google or Yahoo or whatever your search tool is for Chanhassen Rotary Foundation and this year’s theme is Super Heroes, Above and Beyond so it’s a wonderful event and it’s one of the social events of the year so we’re very proud of Mayor Furlong. Anything else Mr. Gerhardt? Todd Gerhardt: We also have our Firemen’s Banquet this coming Friday recognizing some of our retiring fire fighters and then also recognizing some of their accomplishments this past year so I’ll be attending both. Mayor Laufenburger: Okay. Anything else Mr. Gerhardt? Todd Gerhardt: That’s all I have. CORRESPONDENCE DISCUSSION. Mayor Laufenburger: Any comments on the correspondence packet? I would just make one. I noticed that there was a notice in there that Mr. Oehme you have contracted the study for the water treatment, is that correct? Can you just speak to that a little bit? I know that that’s within the authority of your role but can you just speak to that. Paul Oehme: Sure. Thank you Mayor, City Council members. So we did solicit bids for consultant work for the west water treatment plant and we did receive 3 bids back. Very favorable bids. It’s City Manager Todd Gerhardt has authority to sign off on that so we went ahead with that budgeted for and we’ll start going through the process of looking at options for water treatment and have a visitation with City Council on, I think it was in July of this year to talk about it and what our findings are so, and just a draft report at that time. Mayor Laufenburger: So from that will be more information to the City Council can learn about feasibility. Need. That sort of thing. Paul Oehme: Yep, correct and costs and those type of things so if City Council were to want to move it along we’ll have enough time to put that information into a rate study and look at those numbers in the fall. Mayor Laufenburger: Okay, alright. Thank you very much. Paul Oehme: Thank you. Todd Gerhardt: Mayor. Mayor Laufenburger: Yes. Todd Gerhardt: Just to add a few more words to that. We did solicit the 3 bids and typically in a project like this you will see very, very competitive bids. It’s not really a percentage of the overall project cost. The engineers were very competitive because they would like to be the engineers on the overall treatment plant is where you’re going to pay for most of this service so 29 Chanhassen City Council – April 27, 2015 in this initial study you know I think SEH came in around $11,000 and, which was very favorable for what we had budgeted. Mayor Laufenburger: Good, wonderful. Well we’re glad to hear that. Okay, thank you very much. Just a reminder before we adjourn, immediately following adjournment the City Council will go into Executive Session, which is not open to the public and it’s for purposes of discussion of an approved, can I speak to what it is about? Todd Gerhardt: Negotiate a purchase agreement. Mayor Laufenburger: Okay, negotiate a purchase agreement and so that will, we’ll remain here in council chambers. That will occur after adjournment and then we do have some additional work session work to do in the Fountain Conference Room for anybody who would like to be part of that discussion so with that do I have a motion for adjournment? Councilwoman Tjornhom moved, Councilman McDonald 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 8:30 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 30