CC 2015 06 08
CHANHASSEN CITY COUNCIL
REGULAR MEETING
JUNE 8, 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 Petersen, Paul Oehme, Kate Aanenson, Todd
Hoffman, Greg Sticha, and Roger Knutson
PUBLIC PRESENT:
Heidi Hoks Waconia
Kathy Bognanni Chanhassen Library
James Neilson 118 East Main Street, Anoka
Tyler Stevens 6330 Hazeltine Boulevard
Ben Gowen 6440 Hazeltine Boulevard
Mayor Laufenburger: Thank you and welcome to this council meeting. To those present in the
chambers, as well as those of you that are watching on Mediacom Channel 8 at home, nice to
have you here. Our first action tonight is related to the agenda. Council members are there any
modifications to the agenda? And if not we will proceed with the agenda as printed. Alright,
that’s exactly what we’ll do then.
PUBLIC ANNOUNCEMENTS:
Mayor Laufenburger: We do have a public announcement this evening. Can you hear me alright
Nann? Okay. I believe at the last council meeting we accepted a large check from KleinBank
for their support of our community summer concert series so I want to extend an invitation to
everyone to the 2015 KleinBank Summer Concert Series presented by the City of Chanhassen.
thth
Join us on Thursdays beginning June 18 through August 13 at City Center Park Plaza. All
concerts are free for everyone to enjoy and they feature music from a variety of genres. Most
concerts begin at about 7:00 p.m., weather permitting of course. However there is one children’s
show that begins at 11:00 a.m. so pack a picnic. Invite your family and friends out for some
great outdoor music and this event is sponsored by KleinBank of Chanhassen and presented by
the City of Chanhassen so I encourage all residents and people from surrounding communities to
come out and enjoy some music in the out of doors.
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 May 26, 2015
Chanhassen City Council – June 8, 2015
2. Receive Planning Commission Minutes dated May 19, 2015
3. Approval of Park and Recreation Department Annual Report
th
4. Metes and Bounds Subdivision of Lot 3, Block 2, Moline’s Addition, 2061 West 65
Street, Applicant: John Brudas/Owner: John Corey:
Resolution #2015-35:
a. Approval of Resolution Amending the Metes and Bounds
Subdivision
b. Approval of Amendment to Development Contract
5. Item Deleted
Resolution #2015-36:
6. Approve Quote for Standby Generator Emissions Upgrade, East
Water Treatment Plant
7. Approval of Amendment to Section 20-19(f) of Chanhassen City Code Regarding Hours
of Liquor Sales on Sundays
8. Award of Bid, Audit Services for Audit Years 2015-2017
9. Dayco Concrete CUP/SPA Amendments: Approval of Amendment to Conditional Use
Permit 2001-02 and Site Plan Agreement 2001-05 to Allow Screened Outdoor Storage on
Property Zoned Planned Unit Development (PUD), Located at 1850 Lake Drive West,
Applicant/Owner: LDW Properties
Resolution #2015-37:
10. Approve Resolution of Support of an Application to the State of
Minnesota Job Creation Fund from a Private Business (Nicknamed Project Polly II)
11. Award of Bid, Partial Roof Replacement at Fire Station No. 1
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
VISITOR PRESENTATIONS: CHANHASSEN LIBRARY ANNUAL REPORT, HEIDI
HOKS.
Mayor Laufenburger: We do have one visitor who has scheduled a presentation to us. I
welcome Heidi Hoks who is the librarian for Carver County, is that correct Ms. Hoks?
Heidi Hoks: The Library Director.
Mayor Laufenburger: Library Director for Carver County.
Heidi Hoks: Yes, thank you.
2
Chanhassen City Council – June 8, 2015
Mayor Laufenburger: Nice to have you with us tonight.
Heidi Hoks: Well thank you. Thank you Mr. Mayor. Thank you council people and city staff.
Both the branch manager, Kathy Bognanni and I are thrilled to be here to talk to you about the
library. Both the Carver County library and specifically our beautiful Chanhassen Library that
you can see is all surrounded by those beautiful fall maple leaves. The Chanhassen Library is
part of the Carver County Library and as such it is a system of 6 libraries that band together for
group purchasing. Efficiencies in economies for efficiencies in economies of programming and
of staffing and so we’re very pleased that we’re able to offer you more for your money because
of that. But even more than that we are a member of the MELSA system. It’s a regional library
system. Metropolitan Library Services Agency. We are the smallest of the seven counties but
because of MELSA we are an equal partner and receive benefits including E resources from
MELSA. Programming. Any number of things from MELSA and we get them as a member of
MELSA. We do not pay for them so that’s a wonderful bonus for all of our people in our
particular county but the monies that we do receive we’re very careful to spend as strategically as
possible and we work with a strategic plan that has four points. We enhance access to content
and technology. We optimize staff resources by training and hiring the best people possible. We
expand our community presence whenever possible and we transform our spaces and
experiences and Kathy is going to be talking to you exactly about what’s been happening in that
area and a few others as soon as she comes up. But because of what we’re doing all throughout
Carver County we found that in 2014 we yet again exceeded the circulation of one million. Now
we were down just a tad in print books for our e-books circulation more than made up for it so
we actually had a net gain of 30,000 so that’s better than any of our cohorts in the MELSA
region. We also did a number of upgrades and I’m not going to read them all for you but they
really helped us so that we could become the best service provider for you that is possible. One
of the things I do want to draw your attention to however is that a grant that was written by one
of your own Chanhassen librarians went on to be funded, an LSTA grant and we were able to
install Makerspaces. Early Literacy Makerspaces in all 6 of our branch libraries in Carver
County so our people work for each other and we’re very pleased to have Chanhassen as one of
our libraries. What has happened with all of this working together and all of the improvements
we made is not only in increased circulation but in attendance. Our adult program attendance
and class attendance has been this last year 3,582. Our storytime attendance over 15,000. Tours
at 1,828. We reach out with programming and services to 7,446 individuals in 2014 alone.
There were 1,292 volunteers that logged 12,976 hours and there were many people who chose
not to physically walk into our doors. They chose to stay in their jammies at home and visit us
yet on our website and to download our e-books and e-audios and any number of things. If
you’ll notice on there 284,298 web visits for 2014 alone. What does that mean to you? Well let
me turn it over to Kathy so she can tell you exactly what it means for you.
Kathy Bognanni: Thank you Heidi. One of the things that Chanhassen Library is especially
proud of, besides our beautiful building, is that we have 4 different meeting rooms in the
building that we can use not only for the public to meet there but for library programs and we try
to have quite a large number of programs for children and adults in the library. This last year we
were able to add a staff member who specializes in children’s services. A second one and as a
result of that we’ve added toddler story times. We’re planning to add Sunday afternoon story
times in the fall and also try something new called a sensory story time for autistic children. Our
3
Chanhassen City Council – June 8, 2015
children’s programs are specifically strong in the summer coming up in our summer reading
program so I hope if any of you have children that you know of at home that you’ll encourage
them to come to the library this summer. Our teen programs and volunteers are active. We have
a bookmark contest for teenagers every summer and we have a lot of teenagers who volunteer to
help us with our summer reading program which not only helps us but gives them an opportunity
to do some community service work here in their community. Adult programs, we offer a very
wide variety of those over the course of the year. We have music programs. Art programs.
Computer programs. Community discussion series. Lots of authors and many of those programs
attract 80 or more people so our community really does enjoy those. The Chanhassen Library
th
building, believe it or not is, was opened in 2003 so we’re into our 12 year. We’ll celebrate that
in August and while the building is in great shape overall and we often receive compliments
from the community about the wonderful building, you all know that after 12 years there are
things that you start to do to kind of keep up the building a little bit and some of those have been
that we have added some new computers and upgraded some of our computers. We’ve also tried
to add some new furnishings to the library this year. A few of our tables showed a little
scratching and wear and tear so we’ve added those in a couple of our meeting rooms. Some new
easy chairs. We’ve refurnished or reupholstered a couple of chairs in the children’s area and a
new bench in the hallway. As Heidi mentioned we kind of balance the kinds of resources our
library offers. Our community still overwhelmingly checks out print resources or music or
DVD’s but increasingly people are interested in downloadables and those can be downloadable
e-books. Downloadable audio books and also downloaded magazines and those it’s easy for you
to do off of our website. You just need to get a library card. Our Friends of the Library are a
great support to our library system generally. Each of our branches have one. We especially
love the group here in Chanhassen. They help us in so many ways. They raise a lot of their
funds through a book sale similar to the one in this slide here and they use that money to help
support summer reading. They support a lucky day book collection for the library system. They
support our great decisions discussion series and they also help us with a lot of individual
programs over the course of the year so we are very grateful for that community support. I think
that reaches the end of our official presentation but we’d love to answer questions if anyone has
any.
Mayor Laufenburger: Alright council any questions? Mr. Campion.
Councilman Campion: I have a question. Can you tell me more about the Makerspace grant and
what is, has been done or will be done with it?
Kathy Bognanni: This particular one is for our children and what it does is offers a variety of
hands on learning experiences about things like cooking or gardening or how to be a
veterinarian. That we rotate throughout the county each of our buildings will have one of these
in the children’s area for maybe a couple of months and then we’ll rotate those to another library
and switch those out so it’s, did you want to say more about that?
Heidi Hoks: Oh they were based on the early literacy research that has been done nationally and
we were very, very adamant about basing those Makerspaces on that research so that children
would not only get the best quality of play time, which of course is their work time but parents
could also learn how they could take those concepts and apply them at home. There are actually
4
Chanhassen City Council – June 8, 2015
cards that are there at each of the Makerspaces that give them hints of what they could do to
extend the experience for their children.
Councilman Campion: Very cool, thank you.
Mayor Laufenburger: Any other questions or comments? Before you go this library card, over
85,000 of them, if there per chance are some people in Chanhassen, either in the chambers or
watching at home that don’t have a library card, this must be a very expensive card to get, is that
correct?
Heidi Hoks: Oh my, it’s priceless. And because we can’t put a price on it we give it to you for
free.
Mayor Laufenburger: Wonderful.
Heidi Hoks: Because you are priceless as well.
Mayor Laufenburger: Alright, well thank you Heidi. One more thing, that card entitles you to
not only access to the Chanhassen but the facilities in all over Carver County plus the
participating MELSA libraries like Hennepin County, is that correct?
Heidi Hoks: It does and it also gives you access to all the collections in all the libraries in the
state of Minnesota.
Mayor Laufenburger: Wow, that one card?
Heidi Hoks: One card.
Mayor Laufenburger: Don’t leave home without it.
Heidi Hoks: There we go.
Mayor Laufenburger: Well thank you very much to both of you and Kathy you just, you were
involved in the opening of the Victoria library weren’t you?
Heidi Hoks: I was yes.
Mayor Laufenburger: Okay, and I know that that’s new and it’s in the City Hall building in
Victoria is that correct?
Heidi Hoks: It is.
Mayor Laufenburger: It is. Well we very much appreciate the asset of the, not only what the
library brings but what it means to the citizens of Chanhassen and I’m especially interested in
seeing an increased population of young people using that library. Seems like the electronic
5
Chanhassen City Council – June 8, 2015
media that’s the trend nowadays, there’s nothing like having a book being read to you by a real
person so that’s my history.
Heidi Hoks: And even nationally teenagers have been polled that they actually still prefer print
by a large percentage so you would think that might be the group that might be drifting the most
to electronics but they still like their print.
Mayor Laufenburger: Well when you have the classics that have been around for, you know
hundreds of years, those classics need to be enjoyed in print I think. Thank you to both of you
and best of luck in your continued work with the library.
Heidi Hoks: Thank you.
Mayor Laufenburger: Thank you very much Heidi. Thanks Kathy. Is there any other visitor
that would like to address the council this evening? Alright.
PUBLIC HEARING: REQUEST FOR VACATION OF DRAINAGE AND UTILITY
EASEMENT AND STREET RIGHT-OF-WAY, LOT 5, BLOCK 1, COUNTRY HILLS,
8281 SUNSET TRAIL, APPLICANT: MARK UNDESTAD.
Paul Oehme: Thank you Mayor, City Council members.
Mayor Laufenburger: Thank you very much.
Paul Oehme: The property in question for the proposed vacation is at 8750 Sunset Trail. Sunset
Trail as you know is just north of Lyman Boulevard and just south of Power Hill Park. The plat
at this site was dedicated in 1987. At that time the roadway right-of-way did go all the way up to
the northern boundary of the plat. The plat does include right-of-way on both sides of the street
for potential roadway expansion but at this time there is no plan for the road, Sunset Trail to be
extended out to Power Hill Park. There’s nothing in the comp plan that says this road should be
extended and is the City’s, City concurs that the road right-of-way here is not needed at this time
so staff is supportive of vacation of the roadway right-of-way and some of the drainage utility
easements. The proposed vacation is shown here along with the drainage utility easement.
Sunset trail, the roadway right-of-way at this location is 50 feet wide. The subject property is,
has 25 feet of that right-of-way which is proposed to be vacated. Again it’s on the east side of
the lot. There’s also a 10 foot drainage utility easement that would also be proposed to be
vacated at this time shown in yellow. The new easement, talking with city staff there might be
potential need for a trail at this location out to the park in the future so we’d still like to have that
ability to place a trail, construct a trail in the future for that use so staff is proposing that a trail
easement be dedicated 10 feet wide along the property line here. And also a 10 foot drainage
utility easement in the same location as the trail as shown here in orange and then also subject
drainage utility easements to tie into the existing easements there on the north and the south side
of the lot as shown here in yellow so those are just kind of connecting the existing drainage
utility easements to the other easements. So with that brief background on the proposed vacation
shown here is the recommendation by staff and at this time I’d stand for questions and ask that a
public hearing be opened for this matter.
6
Chanhassen City Council – June 8, 2015
Mayor Laufenburger: Alright, thank you Mr. Oehme. Before we go to the public hearing is
there any questions the council has of Mr. Oehme? Councilwoman Ryan.
Councilwoman Ryan: This may actually be for Mr. Hoffman. Is there, is the trail, proposed trail
is that part of our comprehensive trail plan? Is it a missing segment or would this just be an
addition to the trail?
Todd Hoffman: This would be a neighborhood link and so there’s a park to the north. Power
Hill Park. Currently neighbors of Sunset Trail they cross over somebody’s lot that allows them
to do that but in the future there’s no guarantee that type of a situation would continue so the
City in this instance should really in the best interest of all the residents of that area preserve that
trail easement for the future possibility that there may be a request to gain access to Power Hill
Park which is just a few hundred feet away from most of the residents. If you did not have that
easement availability it would be over a mile to walk around to get to the park.
Councilwoman Ryan: Okay, great. Thank you.
Mayor Laufenburger: Okay, any other questions for either Mr. Oehme or Mr. Hoffman? I’m,
before I open to, well as part of the public hearing I declare it open and I would invite, if the
applicant is present and would like to speak on behalf of the recommended vacation.
Brian Sund: Hi. My name is Brian Sund. I’m the attorney that represents the applicant, Mark
Undestad.
Mayor Laufenburger: Okay.
Brian Sund: I don’t have anything to say I mean except that I fully support the recommendation
and hope that the City Council adopts the resolution vacating a portion of the Sunset Trail right-
of-way and takes the 10 foot drainage easement. I’m here to respond though to what I know I’m
going to hear an objection to it so that’s when I’d like to reserve my comments.
Mayor Laufenburger: You’re certainly welcome to reserve that but I want to give you a first
opportunity so the fact that you’re in support of it is just fine.
Brian Sund: Okay great, thank you.
Mayor Laufenburger: Thank you. So is there anybody, the public hearing is now open. If there
is anybody that would like to speak to this item, please step up to the podium. State your name
and address for the record. Good evening.
Jim Neilson: Good evening Mr. Mayor, members of the City Council. For the record my name
is Jim Neilson. I’m an attorney at 118 East Main Street on the other side of town in Anoka. I
represent Roseanne M. Boyum and Jim Boyum who own the property at 8805 Sunset Trail in
Chanhassen which is immediately to the east of the applicant’s property at 8750 Sunset Trail. I
understand that Mr. Undestad will support the proposed vacation by Boyum’s of the east half of
7
Chanhassen City Council – June 8, 2015
Sunset Trail. My son, Scott Neilson who is also an attorney and represents the Boyum’s
attempted 3 weeks ago to have a joint applications for the total vacation of Sunset Trail between
Undestad property and the Boyum’s property but this apparently was not applicable or not
acceptable to Mr. Undestad. My client is worried that the City will vacate the Undestad
easement but then not vacate the Boyum’s easement. Boyum’s will support the Undestad
vacation if Undestad supports the Boyum vacation and only if the City vacates both sides. In the
event the City of Chanhassen vacates the west half of Sunset Trail as petitioned by Mark
Undestad then there is a need to also vacate the east half of Sunset Trail. The interest of the
public will be advanced since the remaining east half of Sunset Trail is only 25 feet in width
which is less than the minimum width of the public road and there is one statute that provides a
public road has to be 66 feet in width. Of course many municipalities don’t comply with that.
25 feet of course is a lot less than 66 feet. A vehicle on 25 feet could not travel down this
remaining road safely and turn around without trespassing on private property. It also would be
unjust to vacate Undestad’s portion and not Boyum’s portion. We are operating under
Minnesota Statute 412.851 which requires a petition of the majority of owners of land abutting
on the street which has not been provided in this case. In a letter to James Boyum dated April 6,
2015 from Brian Sund, the attorney for Mr. Undestad and this was 32 days prior to the Undestad
application to vacate his property, he stated in this letter and I quote, the City has agreed. This is
as of April 6, 2015. The City has agreed to vacate 25 feet of it’s easement located on Mr.
Undestad’s property period. My client is not attempting to remove the 25 feet, foot easement
that the City owns pertaining to your property. That 25 feet will remain intact unquote. I do not
understand why Mr. Undestad believes that it is necessary to vacate one half of a road in order to
sell his property. Both the Undestad lot and the Boyum lot have been sold twice since the plat
was filed in 1987. It’s also interesting to know that the plat truly did not dedicate an easement to
the public. It was already done in 1966. There is a Quit Claim Deed in 1966 that went to the
Chanhassen Township on the exact same legal description as in the plat but the plat only covered
the west half. The Quit Claim Deed in 1966 covered the whole property. The Boyum’s also
received a notice for this hearing on Saturday, May 30, 2015 and at this time I would specifically
state that the Boyum’s reserve all their rights and protections provided to them in Minnesota
Statutes 412.851 and at this time I’d like to present you for the record the letter from Mr. Sund
and also the notice that was received by the Boyum’s.
Mayor Laufenburger: Mr. Neilson, the information that you want to present, is that information
that has been presented to the City in the past or is this the first time? As far as you know. Has
this been given.
Jim Neilson: The letter that came from the Undestad attorney.
th
Mayor Laufenburger: The April 25 letter?
Jim Neilson: Yes. That has not been presented to the City.
Mayor Laufenburger: Okay. Alright. Then I would.
Jim Neilson: But the letter is from Mr. Sund.
8
Chanhassen City Council – June 8, 2015
Mayor Laufenburger: Directed to you or to.
Jim Neilson: No, directed to.
Mayor Laufenburger: To the Boyum’s.
Jim Neilson: The Boyum’s.
Mayor Laufenburger: Okay, so it was not addressed to the City so there’s no reason why it
would have been delivered to the City.
Jim Neilson: That’s correct.
Mayor Laufenburger: Okay.
Jim Neilson: And I didn’t say it was delivered to the City. All I said was this is what was stated
32 days before the application was file that the City already agreed to it.
Mayor Laufenburger: I heard you read that portion of the letter.
Jim Neilson: Okay.
Mayor Laufenburger: Would you like to present that to the City Manager please?
Jim Neilson: Yes I do.
Mayor Laufenburger: Okay.
Jim Neilson: And I also want to present the actual notice that my client received from the City
th
as of May 30. It came from the City.
Mayor Laufenburger: Yeah, so that’s our normal communication methodology, is that correct
Ms. Aanenson?
Kate Aanenson: Yes.
Mayor Laufenburger: Okay. Alright. You’re welcome to present that second one to us if you’d
like but we already have that on record.
Jim Neilson: That’s fine. You might not have this one.
Mayor Laufenburger: Okay.
Jim Neilson: Who do you want me to present it to?
Mayor Laufenburger: Mr. Gerhardt please.
9
Chanhassen City Council – June 8, 2015
Jim Neilson: I will also present the same two items to Mr. Sund.
Mayor Laufenburger: Is there anything else?
Jim Neilson: Thank you very much.
Mayor Laufenburger: Mr. Neilson before you go, I want to make sure I heard this correctly.
Your client is stating that they will support the vacation of the easement on the Undestad
property if Mr. Undestad supports the vacation of the similar easement on your client’s property.
Did I understand that correctly?
Jim Neilson: That is correct Mr. Mayor.
Mayor Laufenburger: Okay, alright.
Jim Neilson: And an application already has been submitted to the City as of Thursday, June the
thth
4 with an additional item as of Friday, June the 5.
Mayor Laufenburger: Okay, and Ms. Aanenson we have that application is that correct?
Kate Aanenson: I’d ask the City Engineer if he’s received it. An application.
Paul Oehme: I’m not, I believe we have. I just haven’t seen it yet.
Kate Aanenson: I’m not aware of one either so.
Paul Oehme: Yeah so.
Mayor Laufenburger: So it’s probably, it’s in process.
Paul Oehme: Yeah I’m assuming it’s being processed.
Mayor Laufenburger: Okay, alright. Thank you Mr. Neilson. Is there anything else you wanted
to say at this time?
Jim Neilson: That’s all, thank you.
Mayor Laufenburger: Okay. I may ask you to return but let’s, first things first here.
Jim Neilson: I will stay around.
Mayor Laufenburger: Okay, yeah don’t go far. Thank you. Okay. Ms. Aanenson, or who do I
direct these to? Mr. Oehme? Mr. Oehme is there, the only thing the council is dealing with right
now is the application for the vacation on the Undestad property, is that correct?
10
Chanhassen City Council – June 8, 2015
Paul Oehme: That’s correct.
Mayor Laufenburger: Okay. Mr. Knutson, are you familiar with the statutes that Mr. Neilson is
referencing?
Roger Knutson: Yes.
Mayor Laufenburger: Can you help us a little bit on this?
Roger Knutson: By statute you can vacate an easement if you determine it does not serve a
public purpose. It’s your call. Your discretion.
Mayor Laufenburger: So, and in the staff’s recommendation this easement does not serve a
public purpose. Therefore you’re supporting, you’re recommending the vacation of this
easement is that correct?
Paul Oehme: That’s correct.
Mayor Laufenburger: Alright. Mr. Sund would you like to make any comment in response to
Mr. Neilson?
Brian Sund: Again for the record Brian Sund. Not really. I’m not, I’m not really hearing much
of an argument from Mr. Boyum or his attorney. It sounds like he’ll support it if you guys
support his petition but I would submit for the record that whether you support his petition to
vacate is irrelevant to my client’s and Mr. Knutson is exactly correct. The statute that he
references does give you the right to vacate it on your own. To the extent that we have a
disagreement and unfortunately we do and there are two lawsuits that are right now pending
against Mr. Boyum, they can feel free to bring up their defenses to that if they don’t like what the
City does but it’s not the City’s responsibility. It’s not the City’s opportunity or City’s interest
really in what my client and his private grievances are with Mr. Boyum.
Mayor Laufenburger: Okay.
Brian Sund: And he certainly doesn’t want to make it the City Council’s issue. That to which I
would say it is not.
Mayor Laufenburger: Okay.
Brian Sund: So no argument though and no objection to Mr. Boyum wanting to petition for his,
if that’s what he wants to do. If there’s a pending petition.
Mayor Laufenburger: And it appears, and I don’t dispute Mr. Neilson that the Boyum’s have
made application and my guess is that it will processed through the system and if staff
recommends or if staff views appropriate it will be brought to the council for review and
consideration my guess is.
11
Chanhassen City Council – June 8, 2015
Brian Sund: Very well. I would just, I would just ask that the council not hold up my client’s
petition to have the land vacated pending the review and application from Mr. Boyum.
Mayor Laufenburger: Alright, thank you Mr. Sund.
Brian Sund: Thank you.
Mayor Laufenburger: Mr. Knutson, you’re our lawyer. Is there anything that Mr. Sund said that
is not true?
Roger Knutson: I can’t comment since I have no knowledge that there’s a dispute between the
two neighbors.
Mayor Laufenburger: Yeah just as it relates to this particular application.
Roger Knutson: As far as vacation, you’re under no obligation to wait. You can vacate this half
if you choose to. If you determine it’s in the public interest. There’s no public purpose for the
existing easement.
Mayor Laufenburger: Okay. Mr. Oehme is there, can I see that, the letter just real quickly.
Councilwoman Tjornhom: Mr. Mayor.
Mayor Laufenburger: Yes, Councilwoman Tjornhom. Yes.
Councilwoman Tjornhom: Okay. I’m not sure who to address this to either so everyone listen
and answer I guess. This to me seems like it’s just a matter, a legal matter between two parties.
Two private parties and so I’m just wondering what the City’s role is in this. It seems like we’re
here just to approve a vacation of a portion of a piece of property and so I’m just a little confused
as to how this pertains to the City Council when it comes to the disagreement between the two
private parties.
Roger Knutson: Mayor, members of the council. We have no role in, as far as we know because
we don’t, even know what their disagreement is. The only thing you’re doing here tonight is
determine whether it’s appropriate to vacate the easement that they’ve requested be vacated.
Councilwoman Tjornhom: And one part of, one part of the discussion that was brought up is
mutual support. That the Boyum’s would support the applicant’s application if he would support
their’s. That type of thing. I’m a little confused about the issue there either. I mean can one not
happen without the other or is it just once again something between two private parties.
Mayor Laufenburger: And is it even applicable to the City Council?
Roger Knutson: Their agreement or disagreement on whether something should or should not be
vacated really is not the legal issue. The only legal issue is does it, you have a vacation request
12
Chanhassen City Council – June 8, 2015
before you and if that easement does not have any public purpose anymore because the road
won’t be extended, then that’s the issue. Not whether they agree or disagree.
Mayor Laufenburger: Does that answer your question okay?
Councilwoman Tjornhom: (Yes).
Todd Gerhardt: Mr. Mayor?
Mayor Laufenburger: Mr. Gerhardt.
Todd Gerhardt: I’ve communicated with Mr. Boyum’s attorney and they’re in the process of
preparing documentation to vacate their portion and you know there is a public hearing process
in this. We couldn’t do both of them tonight because Mr. Boyum’s half was not as a part of that
public hearing notice so Mr. Boyum’s attorney is asking that they be treated equally as Mr.
Undestad and we are doing that. Unfortunately we can’t predict what’s going to happen 10 days
from now and who may come forward to state any reasons why they think that should not be
vacated so unfortunately until that process comes back to City Council, we can’t answer that
portion.
Mayor Laufenburger: But your comment Mr. Gerhardt that we are dealing with these equally,
we have a process by which we follow to consider the vacation of easements and that process is
being adhered to now with Mr. Undestad’s application and it will be adhered to with the
Boyum’s application as it shows up, correct?
Todd Gerhardt: Correct. Correct.
Mayor Laufenburger: So the, it would seem to me that the important facts in this are we have an
application and we as a council can make a decision on that application. Okay. Is there anybody
else who would like to address the council on this matter in the public hearing? Okay with that I
will just declare the public hearing closed. Council, is there any questions that you have at this
time of Mr. Oehme or Mr. Knutson or Mr. Gerhardt? Councilwoman Ryan.
Councilwoman Ryan: Mr. Mayor I don’t have a question but I would like to say that there was a
part of Mr. Neilson’s comments that were I found, what’s the appropriate word? A little
disappointing or not that they’re true or not but when you said that Mr. Undestad, excuse me.
Said that he had agreement from the City that this was already approved and to have that on
public record and come before the council that is disconcerting to me that he, that Mr. Undestad
had the impression that he has gotten approval from somebody from the City before coming to
council and that just makes me uncomfortable so I would just like to acknowledge that this is the
first, other than the packet that I have had any discussions but that’s a statement that doesn’t sit
well with me when it’s, when it’s put out there so I just wanted to acknowledge that.
Mayor Laufenburger: Just to clarify. That was a statement that was in a letter that was, that
th
came from Mr. Undestad’s lawyer to Mr. Boyum. That was the April 25 letter and what we
don’t know is what words might have transpired between somebody in City and either Mr.
13
Chanhassen City Council – June 8, 2015
Undestad or the lawyer that would have caused the lawyer to write those words. We don’t know
what those were. Certainly there are many things that we, I would say that if City staff says to
somebody who comes in for an application and if the applicant were to say to that person who
takes the application will this be approved? I can imagine that the person who receives the
application says if everything looks in order and all ordinances are followed there’s no reason
why it shouldn’t be approved. Now that’s not the same as the official act of approval which can
only be given by the City Council so.
Councilwoman Ryan: Right and I understand that it was just, it was the statement and the
suggestion that some decisions had been made before it came to council and I just think that that
should be acknowledged.
Mayor Laufenburger: Appreciate that. Any other question or comment? Anyone care to make a
motion?
Councilman McDonald: Mr. Mayor.
Mayor Laufenburger: Councilman McDonald.
Todd Gerhardt: I want to confuse your motion again.
Mayor Laufenburger: Mr. Gerhardt.
Todd Gerhardt: We’ve got to have at least one confused motion every meeting and.
Mayor Laufenburger: We’re at quota then.
Todd Gerhardt: Yep. That the recommendation also includes that the condition that the new
drainage and trail easements be signed before the resolution is given to the City. The drainage
and trail easements are given to the City before the resolution is executed and recorded at the
Carver County Recorder’s Office. And that the easement also include a trail easement language
in there instead of just drainage easement. Right now it just says drainage. In the resolution.
Councilman McDonald: You’re talking about this one that was handed out?
Todd Gerhardt: Correct, in your packet.
Councilman McDonald: That’s not what the recommendation here says.
Todd Gerhardt: Correct.
Councilman McDonald: Okay. Okay I’ll still give it a try.
Mayor Laufenburger: And Mr. Knutson will be here to help us if we need help.
14
Chanhassen City Council – June 8, 2015
Councilman McDonald: Yes he will. Mr. Mayor, council I make the following
recommendation. The City Council adopts a resolution vacating a portion of the Sunset Trail
right-of-way and a portion of the drainage and utility easement on Lot 5, Block road Country
Hills. And approves the dedication of a trail easement and a drainage and utility easement on
Lot 5, Block 1, Country Hills. Will that cover?
Todd Gerhardt: And what City Manager Gerhardt read into the record.
Councilman McDonald: And what City Manager Gerhardt read into the record.
Todd Gerhardt: Is that right?
Roger Knutson: Perfect.
Mayor Laufenburger: We have a motion. Is there a second?
Councilman Campion: Second.
Mayor Laufenburger: Thank you Councilman Campion. Any further discussion?
Resolution #2015-38: Councilman McDonald moved, Councilman Campion seconded that
the City Council adopts the attached resolution vacating a portion of the Sunset Trail right-
of-way and a portion of the drainage and utility easement on Lot 5, Block 1, Country Hills
as described on the attached exhibits; approves the dedication of a trail easement and a
drainage and utility easement on Lot 5, Block 1, Country Hills as described on the attached
exhibits; that the drainage and trail easements are given to the City before the resolution is
executed and recorded at the Carver County Recorder’s Office; and that the language in
the resolution include a trail easement along with the drainage easement. All voted in favor
and the motion carried unanimously with a vote of 5 to 0.
Mayor Laufenburger: Thank you very much.
ND
BEEHIVE 2 ADDITION, LOCATED AT 6440 HAZELTINE BOULEVARD,
APPLICANT: TYLER STEVENS/OWNER: TYLER STEVENS AND BEN & HIDEKO
GOWEN:
A. REQUEST FOR REZONING OF APPROXIMATELY 2 ACRES FROM SINGLE
FAMILY RESIDENTIAL (RSF) TO MIXED MEDIUM DENSITY RESIDENTIAL
(R-8); REPLAT OF PROPERTY LOCATED AT 6330 HAZELTINE
BOULEVARD AND 6440 HAZELTINE BOULEVARD INTO TWO LOTS
ND
(BEEHIVE HOME 2 ADDITION) WITH VARIANCES; AND SITE PLAN
REVIEW FOR A 10,700 SQUARE FOOT ADDITION TO A CONTINUING CARE
RETIREMENT FACILITY (BEEHIVE HOMEs), WITH VARIANCES.
B. PUBLIC HEARING REQUESTING VACATION OF DRAINAGE AND UTILITY
EASEMENT.
15
Chanhassen City Council – June 8, 2015
th
Kate Aanenson: This item did appear before the Planning Commission on May 19 and they
gave you, the application for BeeHive Homes and it’s Planning Case 2015-10. There’s 3 actions,
actually 4 actions for your consideration tonight. One is the rezoning of .94 acres of property
that’s single family residential to medium density R-8. A subdivision with a preliminary and
final plan including two lots with a variance. Site plan approval for a 10,700 square foot
addition to a continuing care retirement facility and vacation of a drainage and utility easement.
I did, there’s modifications of that. I’ll go through that in the staff report. That’s the easement
you have in front of you. There’s a modification of that easement and I’ll go through that as I go
through the report. Two subject properties then are the existing BeeHive which is located at
6330 on Hazeltine Boulevard and then the Gowen home which is 6440. I just want to remind
you kind of that underlying property where the current BeeHive was, was the Reed family. At
one time that was a drive in and we looked at giving that, that was office and medium density.
We dual guided that with the comp plan update. As we did with Mr. Gowen’s property, we re-
guided that to medium density also looking at the location of that so when we did our continuing
care retirement we created a new zoning district which allowed for the BeeHive to go in and we
have another continuing care on the southern end of the city that will be opening up soon so with
the success of the facility the applicant wants to expand and has been working with Mr. Gowen.
I also wanted to point out besides the Reed family, Mr. Gowen has lived on this property, he’s a
long time resident of the city and he’s also here with us tonight. So again as I stated the 2030
land use plan shows the property as guided for medium density. At this time we are just
rezoning that portion of property that is being added to the subject site which is this property
right here shown in yellow so this property will be added to the existing, this .94 acres to the
existing facility. So the rest of the property will remain in the residential single family zoning
district until such time that that is developed. So for the subdivision plat, this piece of property
right in here will be attached. So this is the .94 that’s being attached to the existing continuing
care. The Lot 2 then would be the, this makes up the subdivision because this lot is being added
to. It’s not considered a subdivision but this portion will be the remaining lot. We do ask, we
wanted them to show how this property could be developed in the future with access to roads and
sewer and water to make sure that we’re not creating a lot that’s unbuildable by the application
of this facility. So one of the things when the existing, when we looked at a traffic study and we
looked at kind of the surrounding areas to make sure that we get a safe access. So by, with the
proposed addition the benefit is now we’re moving that access down to become a T intersection
with the driveway to the middle school which creates a safer condition. Again Mr. Gowen’s
home will remain on the property as well as existing greenhouse. And I just also wanted to point
out that this area right here, this proposed access will be part of the variance because we’re using
a private drive to serve a couple different properties which does require a variance. In your staff
report on page 12 or on the electronic version 521 are all the findings of a variance for a private
street. Those are included in your staff report. So again you can see how the new building will
be attached via breezeway to connect those two building and there’ll be 17 additional beds. So
you can see here the layout of the new facility. So there’s 17 beds and about 6,000 square foot of
about communal living area in this building. The architecture’s going to match the architecture
of the existing building which is a wonderful attractive building so again a little more detail on
that building. Material sample. I’ll let the City Engineer talk over the next couple slides which
talk about drainage.
16
Chanhassen City Council – June 8, 2015
Paul Oehme: Sure, thanks Ms. Aanenson. City Council members. This slide just shows you the
existing site and it’s drainage patterns so the red outlined area basically goes into the existing
pond that was constructed with that first phase of the development. Everything in yellow
basically flows back into the existing pond to the northwest there. The new site is shown here.
This is more or less the drainage patterns. The red and the orange areas are mainly going to flow
back to the north to the existing infiltration swale and into the pond. We are working with a
developer on potentially water re-use, capture facility for the area in the orange and then also,
and then the area in blue the majority of the site does still flow to the west and that area was
potentially we’re looking at a small infiltration basin at this location to capture that runoff until
the site is fully developed and potentially in the future. So there are numerous different
improvements in storm water quality that will be going on with this project. We also did a traffic
update for this phase and we feel that the traffic impacts on Highway 41 will be minimal based
upon the new development site.
Kate Aanenson: That was one of the questions that came up at the Planning Commission. I
think the Planning Commissioners were hopeful that that would meet the warrants for a signal at
that intersection. It does not but we also reminded that our engineer department secured that safe
crosswalk so there will be a sidewalk along this connecting this property to the one to the north
and then you have the safe crossing so some definite improvements along the 41 corridor there.
Again looking at the kind of that ghost plat, we looked at where that future sewer and kind of
with the grades there. Some challenging grades. A little bit on that. That’s something that will
have to be a little bit further articulated in the future but we have some, a good point of
beginning. Again that’s at some time in the future when that project would come forward. With
this request there’s also a vacation easement vacation so most of the easement vacation aligns
with the combining the utilities for the existing site and then the future site. So this is currently
what’s on site right now. The existing easements. There is a private easement over this green
area and so that reflects the new description that I gave you. That gentleman didn’t want the
City to release their underlying easement even though they’re two separate ones and so his way
to not to complicate that we did leave that easement in place but this is the private easement I’m
talking about. The recreational easement on the part of Lot 9, Block 1, Reeds Orchard Ridge so
we’re not including that in the vacation but this would be the new easement. So now you can see
that the new easement then encompasses the perimeter of the new addition so that would be the
new drainage and utility easements which typically we have running around the perimeter of the
property. So that includes the easement. So with that staff is recommending approving of the
rezoning of the property from single family residential to the mixed medium density. Again that
is consistent with the Comprehensive Plan. In addition we’re recommending preliminary and
final plat approval of the 8.69 acres and to the two lots and with a variance for the private street.
We’re also recommending approval of the site plan for the 10,700 square foot addition to the
continuing care retirement facility and also a resolution approving the vacation of the public
drainage and utility easement described in the modified description that I gave you and we’ve
also included in our staff report the attached Findings of Fact. And I didn’t spend a lot of time
on the architecture because you’ve seen the existing building. It’s just a pretty much a mirror of
that so I kind of focused on the some of the perimeters but with that I’d be happy to answer any
questions that you have.
17
Chanhassen City Council – June 8, 2015
Mayor Laufenburger: Thank you Ms. Aanenson. Council members before I open this to public
hearing do you have any questions of Ms. Aanenson? Kate can you just clarify, you gave us a
picture of what the development on Lot 2 may look like.
Kate Aanenson: That’s correct.
Mayor Laufenburger: But in no way is that up for approval tonight, is that correct?
Kate Aanenson: That’s correct. It is guided for you know medium density which allows up to 8
units an acre. Depending what the market’s like in the future, that will be shaped how, whatever
the market comes in as but we just wanted to show something illustratively how it could be laid
out.
Mayor Laufenburger: But the further development of BeeHive will be using an entrance that is
in Lot 2, is that correct?
Kate Aanenson: That’s correct.
Mayor Laufenburger: Okay. And that means the entrance that they currently have, which is
right by that mammoth tree, that will be vacated, is that correct?
Kate Aanenson: That’s correct. So there was 3 existing access. Mr. Gowen’s access, the
BeeHive access and there was a third one so those are all being combined into one which really
gives us a much safer condition there.
Mayor Laufenburger: Okay. Alright, okay. Let me at this time then open this to public hearing.
Would the applicant like to speak regarding this four part program? Welcome Mr. Stevens. Tell
us your name and your address please.
Tyler Stevens: Thank you. My name is Tyler Stevens. I live at 6505 Fox Hollow Court in
Chanhassen. My family and I own and operate BeeHive Homes and I don’t know how many of
you were here a few years ago.
Mayor Laufenburger: Yes.
Tyler Stevens: About 3 years ago when we were here for the original City Council meeting but
you know what this project really is all about is this, what this assisted living building was kind
of built upon the principle that it’s supposed to look, feel and run like a regular home. You know
assisted living is no different than any other type of living environment. That basically means
that there’s a lot of different types. There’s assisted livings that are big. There’s assisted livings
that are kind of institutionally based but this, BeeHive was kind of based upon the motion that it
was supposed to look, feel and operate like a home so the good news is, is over the last a little
over a year the demand has been there for a building like this that you know kind of mirrors
home and the, to the most that it possibly can. So this addition is going to allow us to kind of fix
a few things. One, open up some more beds and also allow us to increase our activity space by
18
Chanhassen City Council – June 8, 2015
over 6,000 square feet for all the residents to enjoy with the bigger patio and some outdoor space
and that. So that’s what this is about.
Mayor Laufenburger: Good. BeeHive’s been a wonderful addition to Chanhassen so I thank
you for choosing to expand that a little bit. Thank you.
Tyler Stevens: Yes.
Mayor Laufenburger: Thank you. Just we may have other questions for you but.
Tyler Stevens: Okay, I’ll stay around. Thank you.
Mayor Laufenburger: Alright, okay. Is there anybody else present that would like to speak for
this, for or against this development? Mr. Gowen, would you like to say a word or two? I think
you’ve earned the right to speak to the council Mr. Gowen.
Ben Gowen: Well I’ve been involved in this property since 1937.
Mayor Laufenburger: Do I say your name, is your name Ben Gowen?
Ben Gowen: Ben Gowen, 6440 Hazeltine.
Mayor Laufenburger: Very good Mr. Gowen, continue.
Ben Gowen: I’m in favor of what Tyler’s trying to do here. I knew it was coming some day.
I’ve got a lot of stuff to get rid of. I’m in favor of it anyway.
Mayor Laufenburger: Well Mr. Gowen you’ve been in this community 78 years is that correct?
Ben Gowen: Since 1937.
Mayor Laufenburger: That’s about right. And your location there on 41 and Hazeltine,
whatever you want to call it, you’ve been a fixture in this community for a long, long time and I
know there’s a lot of people that consider you to be a great friend of this community so.
Ben Gowen: Well we’ve had a lot of fun growing flowers.
Mayor Laufenburger: Absolutely.
Ben Gowen: I did it for 44 years. My folks did it for 30 some years so we’re fixed here.
Mayor Laufenburger: Yeah well we are a blooming community because of you Mr. Gowen.
Thank you very much. Appreciate your support of this project. Is there anybody else who
would like to speak on behalf of this project? Alright then I will close the public hearing and
bring it back to council for any comments, questions or motions. Anyone?
19
Chanhassen City Council – June 8, 2015
Councilwoman Ryan: I’ll make a motion.
Mayor Laufenburger: A four part motion?
Councilwoman Ryan: The one in the packet.
Mayor Laufenburger: Alright.
Todd Gerhardt: No changes on this item.
Mayor Laufenburger: Alright.
Councilwoman Ryan: I’d like to make a motion the City Council approves rezoning of property
from Single Family Residential District to Mixed Medium Density Residential District.
Preliminary and Final Plat to replat 8.69 acres into two lots with a variance for a private street.
Site Plan Review for a 10,700 square foot addition to a continuing care retirement facility,
BeeHive Homes. A resolution approving the vacation of public drainage and utility easement
described in the attached legal description and adoption of the attached Findings of Fact and
Recommendation.
Mayor Laufenburger: Thank you Councilwoman Ryan. Is there a second?
Councilman McDonald: Second.
Mayor Laufenburger: Thank you Councilman McDonald. Any further discussion on the
motion?
Councilwoman Ryan moved, Councilman McDonald seconded that the Chanhassen
City Council approve Planning Case #2015-10 to rezone 0.9 acres of property from RSF,
Single Family Residential District, to R-8, Mixed Medium-Density Residential for Lot 1,
nd
Block 1, BeeHive Home 2 Addition subdivision contingent upon final plat approval, as
shown in plans dated received April 17, 2015, and adoption of the Findings of Fact and
Recommendation. All voted in favor and the motion carried unanimously with a vote of 5
to 0.
Councilwoman Ryan moved, Councilman McDonald seconded that the Chanhassen City
Council approve the preliminary and final plat with a variance to allow a private street for
nd
Planning Case 2015-10 for BeeHive Home 2 Addition as shown in plans dated received
April 17, 2015, and including the attached Findings of Fact and Recommendation, subject to
the following conditions:
Engineering Conditions:
1.All conveyances, drainage ways and stormwater treatment devices must be included within a
drainage and utility easement as required in Section 18-76 (c).
20
Chanhassen City Council – June 8, 2015
2.The perimeter drainage and utility easement must be vacated and re-platted to border the new
property lines.
3.The proposed drainage and utility easement over the proposed sanitary sewer must be
widened to facilitate the utility maintenance and excavation of the pipe.
4.The portion of the private driveway that would be shared for access will be considered a
private street under the city code. It must, therefore, have a 7-ton design and a joint access
and maintenance agreement must be created between the two parcels.
5.The private street will need a name labeled on the plans. Name suggestions shall be
submitted to the City for approval.
6.The drive aisle of the parking lot must be revised to provide 26 feet wide from face of curb.
7.The new trunk lines will be owned and maintained by the City. The services connecting to
the buildings will be private.
8.In order to provide gravity sanitary sewer to the southern parcel, the developer shall extend
the sanitary sewer at a maximum slope of 0.50% to the centerline of the new shared driveway
access to TH 41. Alternatively, it would also be acceptable for the developer to submit a
layout to City staff that would provide gravity sanitary sewer to the future development from
another sanitary line.
9.Plan and profile sheets are required for all publically-owned utilities.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
Councilwoman Ryan moved, Councilman McDonald seconded that the Chanhassen City
Council approve the site plan consisting of a 10,700 square-foot addition for a continuing
care retirement facility, Planning Case 2015-10 for BeeHive Homes as shown in plans dated
received April 17, 2015, and including the attached Findings of Fact and Recommendation,
subject to the following conditions:
Planning Conditions:
1.The existing monument sign shall be moved to the new access into the site to clearly define the
access for emergency vehicles.
2.Approval of the site plan is contingent upon approval of the rezoning, subdivision and vacation
of drainage and utility easement.
3.All rooftop equipment must be screened.
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
21
Chanhassen City Council – June 8, 2015
architectural). For “Code Record” information go to MN Dept. of Labor and Industry:
http://www.dli.mn.gov/CCLD/PlanConstruction.asp
2.Retaining walls in excess of 48 inches in height must be designed by a professional structural
engineer licensed in the state of Minnesota.
3.A demolition permit is required for removal of any existing structures.
4.The buildings must be protected with automatic fire sprinkler systems.
5.An accessible route must be provided to buildings, parking facilities, public transportation stops
and all common-use facilities.
6.All parking areas, including parking garages, must be provided with accessible parking spaces
dispersed among the various building entrances.
7.Accessible units must be provided in accordance with Minnesota State Building Code Chapter
1341.
8.The building owner and/or their representatives should meet with the Inspections Division to
discuss plan review and permit procedures. In particular, occupancy group, type of construction
and allowable area issues must be addressed.
Fire Marshal Conditions:
1. “No Parking Fire Lane” signs and yellow-painted curb will be required on the new driveway.
Only one side of the driveway will be posted “No Parking.” Contact the Chanhassen Fire
Marshal for exact locations.
Engineering Conditions:
1.A stable conveyance must be provided to the weston the drainage plan.
2.The applicant is required to meet a water quality volume of one (1) inch runoff from all new
impervious surface or demonstrate why this volume cannot be met.
3.The applicant must provide a water quality model, as required by Section 19-144 of the city
code, showing that there is a 60% reduction in TP and 90% reduction in TSS as required by
city code and the NPDES permits. Demonstration of 1” abstraction will be considered
equivalent treatment.
4.The plan set shall include a detail specific to the bioretention feature which is consistent with
the MN Stormwater Manual.
5.Plugs and live plants shall be used in lieu of seed and a planting schedule and maintenance
plan shall be developed and submitted for city approvals and record retention for both
bioretention features.
22
Chanhassen City Council – June 8, 2015
6.The applicant shall prepare and submit to the City for approval a Surface Water Pollution
Prevention Plan (SWPPP) consistent with the NPDES Construction Permit which shall
contain all required elements as listed in Parts III and IV of the permit.
7.The plans shall indicate that six (6) inches of topsoil are to be placed on all disturbed areas to
be vegetated and a stockpile area shall be indicated on the plan set.
8.A final stabilization plan shall be prepared for the site.
9.The plans shall show locations proposed for stockpile areas.
10.A soils report shall be submitted to staff indicating soil conditions and permeability if
infiltration is to be used.
11.The grading plans must be revised to show the first floor elevations of adjacent lots.
12.Spot elevations must also be shown to illustrate the drainage pattern near the existing home’s
driveway.
13.The proposed grades on the site shall be no greater than 3:1.
14.The engineer shall coordinate with MnDOT and incorporate their comments.
15.The radius of the driveway curves must be shown on the plan set.
16.The trail width shall be labeled on the plan set.
17.The plan shall be revised to reconstruct the trail further north to create a better connection.
18.The new addition is subject to sanitary sewer and water hookup charges. These charges are
based on the number of SAC units assigned by the Met Council and are due at the time of
building permit issuance.
19.The developer’s engineer must incorporate the latest edition of Chanhassen Standard
Specifications and Detail Plates into the plan set.
20.The applicant must work with a qualified designer and contractor to design a system to
capture and abstract a volume of runoff equivalent to one inch (1”) from the new roof area.
This system must be reviewed, approved and installed prior to the issuance of the certificate
of occupancy.
Environmental Resource Conditions:
1.Install tree protection fencing around all preserved trees shown on grading plans. The
fencing shall be installed prior to any construction activity and remain until site construction
is completed.
23
Chanhassen City Council – June 8, 2015
2.Site plantings shall be increased to meet minimum bufferyard requirements. Plantings shall
be located so as to soften direct views in areas where the proposed building is closest to
property lines.
3.Bufferyard plantings shall be located on the west side of the entryway drive rather than on
the east as proposed.
4.A revised landscape plan shall be submitted to the city showing proposed plantings adjacent
to the entire parking area that limit direct views of the pavement and the vehicles.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
Resolution #2015-39: Councilwoman Ryan moved, Councilman McDonald seconded that
the Chanhassen City Council adopts a resolution approving the vacation of all the drainage
and utility easements over, under and across all of Lot 1, Block 1, BEEHIVE HOME. All
voted in favor and the motion carried unanimously with a vote of 5 to 0.
Mayor Laufenburger: Thank you Mr. Stevens. Thank you Mr. Gowen.
Tyler Stevens: Thank you.
Ben Gowen: Thank you.
Mayor Laufenburger: That concludes our business at this time.
COUNCIL PRESENTATIONS.
Mayor Laufenburger: Are there any council presentations? I have one I’d like to make. Well
this is sports related but tonight I’m going to highlight some incredible student athletes in our
community. Chanhassen is fortunate to be part of both District 112, Easter Carver County
Schools and also District 276, Minnetonka Schools and this, I’m sure every spring for the last
umpteen years athletes have participated in, with excellence and have qualified for state
competition but I think that there are certain things that need special mention tonight so let me
take an opportunity to, this is not a resolution or a proclamation. This is just recognition on
behalf of the Chanhassen City Council and my apologies if I forget some names or
mispronounce them. You’ll understand or you’ll accept my apologies I’m sure. First of all
Minnetonka Schools have been in place for, I can’t remember when they weren’t in place as a
matter of fact. A long, long time but this year the Minnetonka boys tennis team took fourth place
in the State as a team and Jonah Salita was a singles qualifier for the State tennis tournament.
Golfing at Minnetonka, there were two individual qualifiers for the ladies and also two for the
men. The ladies were Katie McMillan and Bella Broin and the boys qualifiers for Minnetonka
were Ben Sigel and Miles McCarthy. And in track the girls 4 by 800 relay, they were the
champions of the State and they were Grace and Lucy Hoelscher, Marla Bailey and Meghan
Janssen. And the 4 by 100 boys relay for Minnetonka actually broke the State record but
finished second and that was Vance Barnes, Paul Affilitto, Chanhassen resident, Jack Samuelson
and Goodness Akindemowo and there were many other qualifiers. Now that was Minnetonka.
24
Chanhassen City Council – June 8, 2015
In Chanhassen there were two boys tennis players, Matt Dorn and Brock Dillon qualified for the
State. They won their first match and I think they finished, I think they finished third in the State
if I’m not mistaken. In golf there were two qualifiers for the ladies, Laura Taylor and Lexi
Hanson. In softball the ladies qualified, the first time the ladies softball team from Chanhassen
qualified for the State and they took a sixth place finish and they have a very bright future. They
have only one senior on this entire team so look for them in the future. And in track the,
Chanhassen can boast the State champion in both the 100 meter and the 220, or the 200 meter
and that is Jedah Caldwell. She’s the State champion in both of those sprints. Also the 4 by 100
relay team broke the school record taking second place in the girls. That was Brittany Ness,
Sophie Pawlyshun, Quinn O’Connor and Jehad Caldwell. And Anastasia Korzenowski was a
state finalist in both the one and two mile runs and the girls actually finished third in the State.
And the boys baseball team made it to the State tournament and you might have heard the
cheering last Wednesday night. Chanhassen and Chaska got into a major dual that lasted 9
innings down at Chaska Athletic Park and Chanhassen prevailed 7 to 6 in the championship
game so the Chanhassen Storm baseball team are going to State. They play on Thursday at the
new Saints ballpark. Also the Chanhassen, Chaska, Prior Lake and Shakopee team called the
Southern Stars in the State adapted softball league, they won the State championship and there
were 3 members of that team, Brett Erdman, Austin Moore and Mack Praus who were made all
state in that event. Anyway it was quite a, quite a spring for sports in the community of
Chanhassen. Both Chanhassen High School and Minnetonka and I certainly want to recognize
not only them but also wish all the seniors that graduated the best of luck as they continue their
career so that’s the news from the sports world. And yes tomorrow night the Chanhassen Red
Birds host the Jordan Brewers at Chanhassen Storm/Red Bird Stadium and it is Chanhassen
Employee and Volunteer Recognition Game and I think we have somebody to throw the first
pitch, is that correct Mr. Gerhardt?
Todd Gerhardt: Correct.
Mayor Laufenburger: Good you’ve been limbering up your arm a little bit?
Todd Gerhardt: No.
Mayor Laufenburger: Yeah.
Todd Gerhardt: Karen Engelhardt.
Mayor Laufenburger: No I think she’s opted out of that.
Todd Gerhardt: She’s opted, oh well then yes.
Mayor Laufenburger: I think it might be either you or Gretchen. Chelsea, excuse me. But
somebody will throw that first pitch.
Todd Gerhardt: Yes.
25
Chanhassen City Council – June 8, 2015
Mayor Laufenburger: Anyway we’re excited about the sports world here in Chanhassen. Now
given that as an entrée, anybody else want to have a council presentation? Wait a minute, we
had a grand opening this week didn’t we?
Todd Gerhardt: Yeah.
Mayor Laufenburger: Last week. Tell us about it.
Councilwoman Tjornhom: I would love to tell you about the grand opening. It was amazing.
Once again the luck is that whenever a mayor is out of town and I’m supposed to be speaking on
the Mayor’s behalf, it rains. It’s just what happens every time and so it was a little rainy on what
night was it? Wednesday night?
Mayor Laufenburger: Tuesday.
Councilwoman Tjornhom: Tuesday night, yes. But we still persevered and we had the grand
opening in the Rec Center and it was a really good, good event. I cannot tell you the enthusiasm
there is for pickleball in the world. I never knew this world existed but boy it’s a big world and.
Mayor Laufenburger: Don’t get in their way either right?
Councilwoman Tjornhom: I don’t get in their way and I am looking for a racquet now just
because it looks like it’s a lot of fun. And not only Chanhassen but I had Eden Prairie residents
that came up to me afterwards. They were thrilled that we had new pickleball courts and they
intended to use them right away so I’m not sure if we could put a toll or something by the
pickleball courts for Eden Prairie residents so we can you know, I don’t know at least get some
profit from it or something but we made a lot of people happy by opening up those courts so I
want to thank the rec department and also the park and rec committee for coming up with the
idea. Following through with it and making it happen. It was a great event. There was cake
served. I’m not sure if that was because I was there.
Mayor Laufenburger: I’m sure it was.
Councilwoman Tjornhom: Or if it was something they would have done anyway but it was a
good event so thank you Mayor for letting me attend that on your behalf.
Mayor Laufenburger: Thank you very much.
Councilwoman Tjornhom: And I believe we also have another event coming up with the Yellow
Ribbon Breakfast, is that correct? I think Chelsea is the one who has the information on that,
who’s in charge of it.
Todd Gerhardt: I think Gretchen handles this one.
Mayor Laufenburger: Assistant Manager, Assistant City Manager Chelsea Petersen, would you
have comment that you’d like to make on that?
26
Chanhassen City Council – June 8, 2015
Chelsea Petersen: Yes the Chanhassen, Eden Prairie and Chaska Beyond the Yellow Ribbon
committees along with the Legion in town is sponsoring a breakfast for all graduating seniors
th
that are entering the service this weekend. It’s going to be Saturday, June 13 at 10:00 a.m. All
seniors that are entering service have been invited through their various schools but in the event
anybody has not RSVP’d or needs more information they can call me at City Hall tomorrow.
Mayor Laufenburger: Wonderful. Great event and we’ve been doing that, is this like the third?
Chelsea Petersen: This is the fourth year I believe, yep.
Mayor Laufenburger: Fourth year, wonderful. Wonderful. Thank you Chelsea. Anybody else?
ADMINISTRATIVE PRESENTATIONS.
Todd Gerhardt: The Assistant City Manager Chelsea Petersen covered my area so I think we’re
good on the administrative side.
CORRESPONDENCE DISCUSSION.
None.
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 8:10 p.m.
Submitted by Todd Gerhardt
City Manager
Prepared by Nann Opheim
27