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CC 2016 06 27CHANHASSEN CITY COUNCIL REGULAR MEETING JUNE 27, 2016 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, Councilman McDonald, Councilwoman Tjornhom, Councilwoman Ryan, and Councilman Campion STAFF PRESENT: Todd Gerhardt, Chelsea Petersen, Paul Oehme, Kate Aanenson, Todd Hoffman, and Roger Knutson PUBLIC PRESENT: Roger & Dorothy Downing 7200 Juniper Avenue Mayor Laufenburger: Well good evening and welcome to this council meeting. Those who are in the chamber with us tonight as well as those watching on cable channel 8 or 107.2 at home. For the record all members of the council are present this evening. First action is council members are there any modifications to the agenda? If not we will then proceed with the agenda as printed. PUBLIC ANNOUNCEMENTS: Mayor Laufenburger: We have a couple public announcements tonight. First of all those of you that are watching at home we now have another option for you to view the City Council meetings that take place at home. That take place here in City Council chambers. In a continuing effort to provide transparency in government and to all of our residents the City of Chanhassen recently partnered with Granicus to incorporate web access to live and archived streaming of City Council and Planning Commission meetings. Previously only Mediacom cable TV subscribers could view these meetings live on the City's public access channel, channel 8. High definition 107.2. With rebroadcasts available on the City's YouTube website but now anyone with internet access anywhere, any time will be able to view these meetings from anywhere on any device. An exciting new feature includes interactive meeting agendas with links to supporting documents for each agenda item. These links allow users to view and download only the documents that are important to them. Users viewing archived videos are also able to instantly jump to any topic in the video through index points on the agenda. Additionally users are able to subscribe to agendas or particular key word searches to get real time notifications when new content becomes available. The City of Chanhassen is excited to offer this service to our residents and the site can be easily accessed at www. cJ. c a.�� a.s_s n.,.n-u.s/ gen as. We are moving into the 21" century ladies and gentlemen. Feels good so those of you that may be watching at home on TV right now, grab your iPad. Chanhassen City Council — June 27, 2016 Your iPhone. Your Android. Your PC. Whatever. Go to the City's website forward slash agendas and you'll be able to see everything live streaming on your computer. Thank you. Next public announcement I have is we are about embark on the 33rd annual big party here in Chanhassen. I'm excited to invite everyone to the City of Chanhassen's largest community event of the year, the 33rd Annual 4th of July celebration. This celebration will be held on July 2nd 3rd and 4th and the event is presented by the City of Chanhassen and sponsored by the 2016 Community Event Sponsors and there are many of them. On Saturday, July 2nd Family Night at the Carnival from 3:00 p.m. until 10:00 p.m. Families with kids you'll want to take advantage of that. It's a great fun night. On Sunday, July 3rd activities begin at 3:30 in the afternoon and include the Southwest Metro Chamber of Commerce Business Expo. The Rotary Club of Chanhassen presents the Taste of Chanhassen and the Beer and Wine Garden. Carnival rides and concessions. Kiddie parade. A skate board competition. 3 on 3 basketball tournament. Live music from Ragtown and the every popular street dance featuring none other than CBO, Casa Blanca Orchestra from 7:00 p.m. til 11:00 p.m. and I understand that from some neighborhoods around Chanhassen people come out in droves to get in that last dance with Casa Blanca Orchestra. Then on Monday, July 4th events start early again with the adult fishing contest on Lake Ann at 7:00 a.m. Other events throughout the day at City Center Park include, and Lake Ann include a kids fishing contest. The medallion hunt. Live music from American Bootleg. Carnival rides and concessions. The Rotary Club presents a continuation of the Taste of Chanhassen and the Beer and Wine Garden. Rotary Club of Chanhassen's classic car show and of course the parade sponsored by the Chanhassen Rotary Club so be sure also to join us for a spectacular fireworks display over Lake Ann at 10:00 p.m. and bring your families so neighbors and friends, for 3 days of fun I look forward to seeing everyone there. Should be a fun event Mr. Hoffman. Todd Hoffman: Absolutely. Mayor Laufenburger: Anything you want to add to that? Todd Hoffman: Just looking forward to it. The weather forecast looks fantastic which is a big part of the event. Mayor Laufenburger: Is there a color theme for this year's 4' of July celebration Mr. Hoffman? Todd Hoffman: Red, white and blue. Mayor Laufenburger: Red, white and blue but I understand that there are also t -shirts available at City Hall in a very famous purple color is that correct? Don't be surprised if we are show. Say that again? Sold out? We've got more coming? Alright, fantastic. Fantastic. Next I'm honored to make a presentation of a Maple Leaf Award to a former member of the Planning Commission so Lisa you have to meet me right out here okay. Lisa Hokkanen: I was watching you live. It's really cool. 2 Chanhassen City Council — June 27, 2016 Mayor Laufenburger: 30 feet away. You could have been texting me rather than us talking to one another. I think I'm going to grab my phone and I'm going to text this presentation. Now I know Nann wants me to talk loud because, oh you're going to turn the mic this way? Okay. Ladies and gentlemen I'm about to present a City of Chanhassen Maple Leaf Award to Lisa Hokkanen. Here's why. Lisa was appointed to the Planning Commission in 2011. My, that's over 5 years ago. During her tenure the commission accomplished a number of projects including the Southwest Village Townhouses, Boulder Cove Subdivision, the Mission Hills Senior Living, Beehive Senior Housing, Children's Learning Adventure, honoring both ends of the age spectrum there, Total Wine and Chick-fil-A. Lisa brought a unique perspective to the Planning Commission and her passion for the city was evident in the decisions she made so in recognition of outstanding service and dedication to the community the Chanhassen City Council proudly presents to Lisa Hokkanen this Maple Leaf Award. Congratulations Lisa. Lisa Hokkanen: Thank you so much. My pleasure. Mayor Laufenburger: Thank you for your service Lisa. Here's a little added. Now be sure to catch us online. Lisa Hokkanen: I will. Mayor Laufenburger: Always fun to present those awards. Lisa was on the Planning Commission during busy time. We had a lot of development over the last 6 years so very good to have her be part of our volunteer role in the Planning Commission. Todd Gerhardt: And luckily she's not related at all to Laurie Hokkanen. Mayor Laufenburger: Oh she's not? Really? Todd Gerhardt: No. Mayor Laufenburger: Is that Finnish by the way, Hokkanen? Anybody know? It's not Norwegian is it Tjornhom? Councilwoman Tjornhom: I don't think so Laufenburger. Mayor Laufenburger: Well whatever it was it's definitely, it's a Chantastic name that's for sure. Okay the next item on our agenda tonight is our consent agenda. CONSENT AGENDA: Councilwoman Tjornhom moved, Councilman McDonald seconded that the City Council approve the following consent agenda items pursuant to the City Manager's recommendations: Chanhassen City Council — June 27, 2016 Approve City Council Minutes dated June 13, 2016 2. Receive Planning Commission Minutes dated June 7, 2016 3. Receive Park and Recreation Commission Minutes dated May 24, 2016 4. Approve Contract for Services for Park Master Plan and Park and Recreation Comprehensive Plan Update, HKGi. 5. Approve Resolutions of Support for Carver County Regional Solicitation Projects: Resolution #2016-45: CSAH 18 Reconstruction from approximately TH 41 to CSAH 15 (Galpin Boulevard); and Resolution #2016-46: TH 41 Reconstruction from CSAH 18 to TH 5. 6. Resolution #2016-47: Approve Resolution Calling for Redemption: 2009A General Obligation Bonds. 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: Lieutenant Kittelson or Chief Johnson did you flip a coin to see who goes first tonight? Okay let's follow the order then. Lieutenant Kittelson welcome tonight. Lt. Eric Kittelson: Good evening Mr. Mayor, council members. I have the law enforcement update for the month of May. This will be the last update with Part I and Part 11 crimes. Next months we're going to Part A and Part B in NIBRS. Mayor Laufenburger: Oh that's right we're going to that. Lt. Eric Kittelson: Also as a reminder Sergeant Moline will be here to do that presentation for you. So for the last report of that type, we had 188 citations for traffic and parking violations. 158 of those were for traffic. We had 446 warnings. Total calls for service we had 20 Part I crimes, 39 Part II crimes and we had 1,282 miscellaneous and non -criminal. Overall crime is down considerably this year and serious crime is down over 25 percent to date, year to date from last year's figures. We had the TZD or Towards Zero Death seatbelt education enforcement from May 23rd to June 5�h. We had 68 seatbelt citations county wide. 21 of those were in Chanhassen and we are up to 96.3 percent for seatbelt usage in the county and Chanhassen leads the way at 97 percent. Mayor Laufenburger: Bravo. 11 Chanhassen City Council — June 27, 2016 Lt. Eric Kittelson: Which is great to see. Mayor Laufenburger: Good job. Lt. Eric Kittelson: I'm sure Chief Johnson will get into the fire aspect of fireworks but we can never say too much about this as they can be quite dangerous so I will read the definition for you and then I will give you the easy version. Fireworks are any substance or combinations of substances or articles prepared for the purpose of producing a visible or audible effect by combustion, explosion, or detonation. So basically if it flies or goes boom it's illegal. If you buy it outside of Minnesota it's probably illegal. The term does not include sparkling items which are non -explosive and non -aerial and contain 75 grams or less of chemical mixture and the Fire Marshal and law enforcement may confiscate fireworks as well. It's a misdemeanor to sell, discharge or possess them. The illegal version so like I said I'm sure Chief Johnson will get into that a little bit more and the Chanhassen Connection article that law enforcement prepared this year for summer was on water safety and I was in the area of an event over the weekend where this was another reminder that we can't talk about this enough or too much. Don't ever substitute swimming aids for supervision when it comes to small people or non swimmers. Take turns supervising children in 15 minute increments and you should always, always, always be within arm reach of a non swimmer. And if you're out on the water, 75 percent of fatal boating accidents as a result of drowning and over half of them are not wearing their life vest. It's also the leading cause of injury related death for kids 1 to 4 years old so we can't emphasize that enough. We've had a beautiful summer. The parks are in great shape. The lakes are at a good temperature and so enjoy the water but please be safe out there as well. That concludes my report. I'll stand for any questions. Mayor Laufenburger: Council members anything? Thank you Lieutenant. Lt. Eric Kittelson: Thank you. Chief Don Johnson: Good evening Mayor and council. This is my report for May. Mayor Laufenburger: Good evening Chief. Good to have you here tonight. Chief Don Johnson: Thank you. My report for May. We are at 36 of 45 fire fighters. We do have, in May we did have 2 fire fighters on medical leave. I'm happy to report that we did extend 6 offers and they actually started last Thursday night with emergency medical response training so we're hopefully, we're going to get that out of the way first and be ready for them to hit the academy sometime at the end of August, beginning of September. Fire Department responses was 58 calls for service. We scheduled duty crews that took 9 of those calls in May including a structure on Fawn Hill Road. Today duty crew calls total 43 for the year. During the month we had 2 structure fires. They were both exterior fires and they're covered in the investigation but they were both discharging smoking materials into the mulch on the outside of Chanhassen City Council — June 27, 2016 the house which we covered last meeting. We did have one mutual aid commercial building fire in Chaska that we responded to. 17 EMS responses with 3 of those being motor vehicles accidents with injuries. Training since we last met, we focused on the Southwest Joint Ops group which is Bloomington, Edina, Eden Prairie, Minnetonka and several other cities that are part of that. We do a joint ops training with them quarterly which it's a great opportunity for us to train with our partners. Our mutual aid partners that we depend on and they depend on us on a routine basis and that was held at the Edina Burn Tower. We had auto extrication training and that served a dual purpose for us. We did it over our new mini -pumper that's coming in in September. That will need a new rescue tool so we brought in 3 vendors. Had them bring their tools with it. We had 4 cars that Shakopee Towing donated to us and we got to play with 3 different vendors tools and try to determine which is the best for us to put on the new truck so it worked our really well. And tonight we're out on Lake Susan. I don't know if we talked about that Todd but we're on Lake Susan doing boat training so if you hear anything about that or you want to stop by and get wet come on and see us after the meeting's over with. June 12th some volunteers, families from the fire fighters we did dig out the planter boxes in preparation for the memorial's construction. Just a quick update on that. Our steel framing is done. We're waiting on the precast order to come in. Mark Undestad and some of his vendors are now, we've got power run to the boxes and we're waiting to re -pour the sidewalk so we're waiting for Cold Stone to give us a final of when that stone's going to be ready so we can plan our public dedication. October 9th is tentative. That's hopefully we can stay on that. And then we did meet with the vendor for our, as I talked about our mini -pumper. We had the preconstruction meeting which again the first part of September we should have that truck on the road. With that I'd like to expand on with what Lieutenant Kittelson said. I know from the law enforcement standpoint those fireworks are illegal. From my standpoint we're starting to dry up again. The aerial devices are the ones that bother me the most because once you let you go you can't take them back. We've got quite a few homes in some of our areas with cedar shake roofs and once that thing lands on a roof it's just like throwing a cigarette butt in the mulch so it could ignite right away. It could wait for the wind and ignite days later but I would really caution anyone on using those aerial devices. I know the small ones that go boom are fun too but we end up with little ones around and just watch what you're doing. I wish we could say that we could stop it altogether from the fire chief's standpoint but that's just not a reality so please be careful if you're going to use those things. And if we do get called and we'll partner with our law enforcement partners and if we have to confiscate and we have a dangerous situation we'll certainly work with them to deal with that as well so with that I can stand for questions. Mayor Laufenburger: Any questions for the Chief? As we approach the Ryder Cup Chief several of us are getting questions. What role is Chanhassen playing in that? Can you just talk a little bit about your role and the public safety with the, who's got the lead in that and what role are you and your department playing. Chief Don Johnson: We've been requested as other fire departments in Carver County to assist with different roles on the course. There's going to be some opportunities to cover the city of Chaska with a fire engine and a fire crew as well as multiple assignments on the course so the 31 Chanhassen City Council — June 27, 2016 Chaska Fire Chief and the Fire Department has sent those out to all of the different cities and fire departments within the county area or within Carver County so we've all responded with those and filled those crews. I know that on special request Mark Litfin, the Fire Marshal, myself will be doing some tent inspections. We'll be assisting with that. We've started with weekly meetings on Thursdays at the site. There'll be a command post for sheriff's dispatch, EMS and fire on site next to the larger command post which is going to be your homeland security and the major ones so we're, the planning phases are well underway as far as what we're actually detailed to do. Right now we've got 2 on course assignments and 1 city coverage assignment that we're assigned right now. I know Chief Wiebe's working hard to make sure all of those assignments are covered and we're poised and ready to help him. Normal PGA events have been 33 tents to be inspected. They've got 82 tents going in and some of them are double deckers so I know they've changed the course around quite a bit just to manage how the Ryder Cup is done and the format of play so it's been helpful to, we had our first meeting on Thursday and then we'll meet every Thursday from now til, through the Ryder Cup. Mayor Laufenburger: So Chief Wiebe and Chief Knight are really the, taking the lead and we're in a supporting role acting as an arm extension of their organizations to help them is that correct? Chief Don Johnson: Correct. We'll have a fire incident command post running the fire unit, the sheriff's office and emergency management. Sheriff's office dispatch will be in there with us. EMS so we'll have the EMS and EMS carts on the course as part of this and then fire suppression crews assigned as well as we still are covering our assignments here as well so we do, we have events going on in town. We'll have a full busy town as well so we're still looking at planning for that. Mayor Laufenburger: Lots of people coming around. Chief Don Johnson: The last piece Mayor if I could add it is the 50th anniversary of the Chanhassen Fire Department. In true spirit I believe the Rotary's theme is music so we have, I can't disclose what our float is but we do have, it may have a burning ring of fire involved so we're planning a wonderful event to be part of the parade as well as we'll be supporting in different roles as well there with both the street dance we'll have an EMS crew handy. For the parade we've got several units both for the external city coverage and internal parade coverage working with the sheriff's office. We've got some master plans. Mayor Laufenburger: So the hour countdown is now 163 and counting down is that correct because next Monday at 2:30 is when we kick it off right. Chief Don Johnson: Correct. Mayor Laufenburger: Alright so everybody simonize your watches alright. Thanks Chief very much. 7 Chanhassen City Council — June 27, 2016 Chief Don Johnson: Thank you. Mayor Laufenburger: Thanks. Todd Gerhardt: The music portion for just the burning ring right? The music portion is the burning ring? Mayor Laufenburger: Yeah it's not going to be a real burning ring. Chief Don Johnson: Well we do have some... Todd Gerhardt: Oh we're going to have to talk Chief. Mayor Laufenburger: Chief our desire is to be a good example for the citizens of Chanhassen okay. Music accepted. Thank you Chief. PUBLIC HEARING: 3710 RED CEDAR POINT ROAD: APPROVE RESOLUTION VACATING PUBLIC RIGHT-OF-WAY. Mayor Laufenburger: Do we have a staff report? Mr. Oehme, is it you? Paul Oehme: Okay so this is a proposed vacation for property, 3710 Red Cedar Point. Good evening Mayor, City Council members. The vacation is off of Minnewashta Parkway just north of Highway 5 right off of Lake Minnewashta as well so just for perspective of where the site is located. The Red Cedar Point plat was originally I think dedicated or recorded in 1916 so it's a very, one of the oldest plats we have in the city. Lots 2 through 6 of Block 6 are the lots, original lots that are proposed to be in this area with the right-of-way being vacated adjacent to it. There's one single property owner that owns all these and would like to make some additions, building additions to this, to this lot so it's the Hancock Place road that is proposed to be vacated. The right-of-way in this area for that is 30 feet wide. The vacation again is shown here. This is the lot that's currently proposed to be built upon. Hancock Court is right here so this is a 30 foot right-of-way and half of it would be dedicated or vacated and would go back to these lots and that's standard practice. The area here is again shown for the vacation in green, 15 feet. There are some existing private and public utilities in this area so in order to gain access in the future and maintain and potentially put in new or different utilities the City would like to, or is requesting that the area that's being vacated put a drainage utility easement over so we have the ability to maintain and get access to this area in the future. This area in back is very flat and these lots basically drain to the Hancock Place so we're trying to work with a developer/builder property owner to try to improve the drainage out here as best as we can. It is a tough site to build upon just because it is so flat but we're going to try to improve the situation out there as much as we can when the building plans come before the City for review. With that if there's any questions I'd be more than happy to try to answer them. I'd request that a public hearing be opened for this vacation and again I stand for questions. Chanhassen City Council — June 27, 2016 Mayor Laufenburger: Alright in a moment I'll open for public hearing. Any council questions of staff at this time? Councilwoman Ryan. Councilwoman Ryan: Mr. Oehme could you just explain what happens then, it says in here that if the entire right-of-way is not being vacated and the other half of the right-of-way becomes part of a different property upon vacation so what, how is that recorded just to avoid any confusion or conflict in the future? Paul Oehme: Sure, so great question. So what's shown here again is the area in green is the area that's proposed to be vacated. Again the area that's the long narrow section that's the right-of- way for Hancock Court. Basically the vacation, how this typically works is half of the right-of- way, that 30 foot, 15 foot in this particular case would go back to the properties adjacent to this parcel for regular use and for that vacation. The other half that's not being vacated, potentially if these properties on the right hand side were to come in and request a vacation they would also have the opportunity to have that strip of right-of-way vacated so they have full use of that area for their future building sites or what have you. Councilwoman Ryan: Okay so then when if that, the property ever changes ownership does the vacation go with that property? Paul Oehme: Correct, yeah it goes with the title of the property. Councilwoman Ryan: With the title of the property okay. Kate Aanenson: Mayor can I just add a little bit. Mayor Laufenburger: Sure, please do. Kate Aanenson: So the way, the difference between when it's a right-of-way and an easement, an easement still gives us the ability to control our utilities in there but it can be used in your lot area. It doesn't affect your setback. When it's a right-of-way then it would have to have a setback of 30 feet so the intention of this property owner, because there's 4 lots, is actually to create 2 lots so by having it vacated from a whole street to a right-of-way allows for that to be included in their lot area and reduces the setback amount which makes them buildable. More buildable. Councilwoman Ryan: Okay, gotch ya. Kate Aanenson: So that's the really the purpose of going forward. But yet by keeping the easement over it it's still assures the City can get at the utilities. Councilwoman Ryan: Okay. I Chanhassen City Council — June 27, 2016 Kate Aanenson: Or any other private utilities. Mayor Laufenburger: Okay, just a reminder council members that our new software they'd like us to speak into the microphone okay. Councilwoman Ryan: So not lounge back? Mayor Laufenburger: Well you can lounge back but just carry the microphone with you okay. Councilwoman Ryan: Project the voice okay. Councilman McDonald: Mayor? Mayor Laufenburger: Yes, Councilman McDonald. Councilman McDonald: Yeah I have a question. Is there a road there right now or? Paul Oehme: No. There's no road. There's no plans for a road to be there in the future so that's the reason why we think vacating the right-of-way for future road purposes is okay with the City. Councilman McDonald: Okay thank you. Mayor Laufenburger: And Mr. Oehme on that Block 6 is there any buildings on any of those lots 1 through 6 of Block 6 at this time as far as you know? Paul Oehme: Not at this time. Mayor Laufenburger: I think it's just grass. Paul Oehme: I believe it's just a mowed field. Todd Gerhardt: Yeah the City of Chanhassen owns all of those. Paul Oehme: Well we own Lot 1. Mayor Laufenburger: Okay. Todd Gerhardt: Yeah the other one is owned by. Mayor Laufenburger: Okay. At this time then I would like to open this item for a public hearing. Anyone interested in speaking either in favor or in opposition to the vacation of this right-of-way, you're certainly welcome to step forward at this time if you'd like to. So please 10 Chanhassen City Council — June 27, 2016 step up to the microphone. Tell us your name and address. Anybody? Alright I will close the public hearing. Bring it back to council for comment or motion. Councilwoman Tjornhom: Mr. Mayor I'll make a motion. Mayor Laufenburger: Thank you very much. Councilwoman Tjornhom: Make the motion that the City Council adopts a resolution approving the vacation of a portion of the public right-of-way dedicated as Hancock Place of Red Cedar Point, Lake Minnewashta as described in the Exhibit A according to the recorded plat thereof. Mayor Laufenburger: There we go. We have a valid motion. Is there a second? Councilwoman Ryan: Second. Mayor Laufenburger: Thank you Councilwoman Ryan. Any discussion? Resolution #2016-48: Councilwoman Tjornhom moved, Councilwoman Ryan seconded that the City Council adopts a resolution approving the vacation of 15 foot portion of the public right-of-way dedicated as Hancock Place of Red Cedar Point Lake Minnewashta as described in Exhibit A according to the recorded plat thereof subject to the condition that a drainage and utility easement shall be recorded over the vacated area to allow the maintenance and installation of utilities and the existing drainage way. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Laufenburger: Thank you very much. Paul Oehme: Thank you. FOXWOOD — 9150 GREAT PLAINS BOULEVARD, APPLICANT -PROVIDENCE 55, LLC; OWNER: JIM WILSON AND PAUL PAULSON: APPROVE CONDITIONAL USE PERMIT FOR DEVELOPMENT IN THE BLUFF CREEK OVERLAY DISTRICT (BCOD), REZONING FROM AGRICULTURAL ESTATE DISTRICT (A2) TO RESIDENTIAL LOW AND MEDIUM DENSITY (RLM), AND A 52 LOT SUBDIVISION WITH VARIANCES ON 43.55 ACRES OF PROPERTY LOCATED AT 9150 AND 9250 GREAT PLAINS BOULEVARD. Mayor Laufenburger: Ms. Aanenson are you on tonight? Kate Aanenson: Yes I am. Mayor Laufenburger: Alright. Thank you Mayor, members of the City Council. This item, Foxwood subdivision went to the Planning Commission on June 7'. They did recommend 6-0. 11 Chanhassen City Council — June 27, 2016 They did have some questions regarding future development of the area to the south. Future lift station. Trail connections so I'll just spend a little bit of time going through that in more detail but the applicant did get a favorable recommendation. The subject site is just off of 101. It's called the Wilson Nursery property as we have called it. Mayor Laufenburger: Ms. Aanenson we're not seeing it right now. Kate Aanenson: Oh I'm sorry. My assistant wasn't helping me there. A wholesale nursery was on this site. It operated for a number of years and I do believe it has a conditional use so when it comes back for final plat then we would also extinguish the conditional use for the nursery at that time too. There's also a house on the property. Also included in this application is the Paulson property which is, get a laser pointer here. This piece of property here and then next to that is Mr. Blanski who's not being included in the subdivision but was impacted by the improvements to 101 but I'll show how those properties come into play on this slide right here. So the road, originally we intended that this driveway could maybe be the service to these properties but when we added the additional property to Bandimere Park that entrance to the Wilson Nursery site got moved here so these 2 properties share a driveway which as this development moves forward it makes a lot of sense to combine that. Eliminate the access points onto 101. So some of the constraints that went looking at the subdivision. It's very complex and their engineering did a great job putting together all these issues and working through them. You know we've got the grade, the Bluff Creek Overlay District, wetlands, sanitary sewer, trails and existing driveway so the developer worked with the 2 property owners and again I'll go through this in a little bit more detail to make sure that they could continue to have access but a better access coming off what they see is the property here so the Paulson's property was included in the subdivision. So the request is for a rezoning and I'll go through in a little bit more detail on the recommendation for the rezoning. The conditional use for development in the Bluff Creek Overlay District and then for a 46 lot subdivision with variances and again the variances relate to access to the driveway on the site. So in looking at what was the correct zoning for this, as you know in the low density there's different zoning options. Traditional would be the RSF which allows standard 15,000 square foot lots or PUD when you're getting some unique characteristics. Typically that might be a cluster home or the like but in looking at this project we were able to recommend or feel good about the RLM zoning. While most of the lots are averaging the 15,000 it does allow because the challenges with the grades and the topography it does allow some narrower frontage and that's really the difference there and some of the lots being a little bit smaller but in trade off for that all of the Overlay District is put in a separate lot as are the wetlands which we like to do and then we have those not part of somebody's lot. They're all being maintained outside of somebody's private property. Mayor Laufenburger: And non buildable. Kate Aanenson: Non buildable right so that was an extraction taken out so we felt that the RLM it met that criteria and we did recommend that so that's the rezoning then. So right now it is agricultural zoned so we'd be changing it to the RLM consistent with the low density zoning as 12 Chanhassen City Council — June 27, 2016 shown in the Comprehensive Plan. So again that conditional use permit is for grading in parts of the secondary primary zone and some of that's for infiltration that would be required on the north side here. So again this is the low density designation for the property right here and then the RLM would be consistent with that and then I'll show a little bit more detail on the plat itself in just a minute. I do want to step back and look a little bit at the overall property. These are some of the questions that the Planning Commission had and unfortunately didn't put this slide in there but I wanted to share this with you. We put this together when we did the 2030 Comprehensive Plan so this is what's in place right now. We actually walked this property with SRF and looked at how the property could be developed so this would be everything from Powers Boulevard on the west all the way over to 101 so you can see that things had changed. This was before the property was acquired north of Bandimere and that 101 was upgraded but this was some of the thoughts as we knew some of those corridors would be put in place so the goal then was to have a connection from 101 and kind of hugging the preservation area and then working it's way down to Powers Boulevard and we looked at this plan when we actually had gone through the process for the office park which is now 10 acres on the Erhart property and looked at where that location for the lift station would be. So because the office building didn't go forward the lift station also did not go forward but that's certainly in the plans for provisions to this property. But because this lift station is not in place this project is moving forward with a temporary and we'll show you how that works and I'll have the City Engineer talk a little bit more detail but this plan was the. Mayor Laufenburger: Ms. Aanenson. Kate Aanenson: Yep. Mayor Laufenburger: Is that road cut in on Powers Boulevard right now? Is it cut in there because I know there's a. Kate Aanenson: Yes there's a cut, yes. Mayor Laufenburger: There's a cut in? Kate Aanenson: Yes. MnDOT when they corrected, did that road they did provide that, that's correct. Mayor Laufenburger: Okay. Kate Aanenson: It is there. And as is the access that we're looking at for the on 101 also is in place. So I just want to share with you then that Mr. Erhart also put together a plan as how he saw, you know this would be the future office development. He's looking at another 3.2 acres but that is not guided. This additional property there. That would have to go through a comp plan amendment. It's going to be my recommendation that we look at that as part of the Comprehensive Plan update but then. 13 Chanhassen City Council — June 27, 2016 Mayor Laufenburger: So is this, is this what we're looking at right now, is this developed by. Kate Aanenson: Mr. Erhart. Mayor Laufenburger: Mr. Erhart. I see it's Westwood so he. Kate Aanenson: Yep. That's correct. Contract with them and it's illustrative to show you a plan but this too also shows the connections. When we looked at this before the grades, we looked at tying it to Homestead Lane. It's really steep through there. We eliminated that before but this connection was shown when we looked at the medical office user so then this street would then work it's way, however the developer chooses to put it would work it's way back up and tie into the Wilson property terminating somewhere through here. So however this works but we did look at a potential connection at 96th Street and then another potential back into Homestead Lane over here, giving access to those neighborhoods. Again that would all be development driven but this is consistent, Mr. Erhart's plan is pretty consistent with what we had shown before how to make these because we do think that connection between Powers and 101 is an important connection. East/west connection. School buses. Mail, the like. So that's kind of the framework that we looked at when this project came in and so this is the subdivision itself. So again getting access. T-ing into, this shows up black like these are additional easements along between the lots but getting access. Tying it to the access to Bandimere Park and then really providing a better access for the Blanski property and then Mr. Paulson's property so the applicant met with Mr. Paulson. Was able to buy some of his property. You can see the existing line here and these lots were created because you kind of had that no man's land so the variance is actually to allow a private drive to serve those 2 existing homes. Mayor Laufenburger: So taking it off of 101 is what you're doing. Kate Aanenson: That's correct. Giving him much better access so everybody's going to the same control point. Better visibility and better access and so both of the property owners and so we believe also this is a very positive thing for the subdivision to give them a better access. I know the City Engineer's working with some of the other properties further south and you've seen those official mapping trying to get those less than desirable access points. So as I mentioned, so the 46 lots and the 6 outlots so some of the outlots would be the bottom of the property. Paulson's property. Some of the outlots that we've acquired as I talked about with the Overlay District here. This is kind of the more nursery operations up in here. And again some of the outlots for the potential trail which we'll go through in just a minute. So with the grading I just want to talk a little bit about some of the challenges on the grading. There are retaining walls and if we go to the staff report there's a detail on the number of walls. There's 11 walls on the property. Again their engineering firm did some pretty heavy lifting trying to make this site balanced with all the challenges. If we go to, I believe it's page 11. All the retaining walls are on there in your staff report so again they range in height from 3 feet to the highest one 8 feet 14 Chanhassen City Council — June 27, 2016 and they're lengthy but again the views here and the challenge is what also makes it so interesting. The property. Really nice lots so. Todd Gerhardt: So it would be in the Planning Commission report to find that. Kate Aanenson: I'm sorry, yeah. Mayor Laufenburger: 11 of 24. Kate Aanenson: Yep, thank you. Yep. So just to be clear, we always like to point those out because sometimes we find out later that you weren't certain that they were going to have retaining walls. Yes there will be retaining walls in here so those are identified on the grading plan. Utilities, this is a typical street. 60 foot wide streets. 31 pavement width so these all meet our city standards except for the one, the private drive. Again that's to serve the 2 existing homes and you can see Mr. Paulson's home and then the Blanski home is over here. The backs of those lots are pretty wet. It drop down and there's a big wetland complex there. Looking at Mr. Blanski's property probably, unless someone was to take that house out probably not ability to subdivide into the future but they will also be able to be hooked up on sewer and water and I think that's the intent of the developer to hook those up too and get them off the septic and well as they're putting the sewer and water in. So with the sewer and water I'm going to let the City Engineer just take a minute if he wants to talk about how we're providing sewer to the site because we're not using the lift station. Paul Oehme: Sure. Thanks Ms. Aanenson. So with the 101 improvements that were made several years ago water was extended from Lyman Boulevard down to, actually all the way down to Pioneer Trail, trunk watermain so this development will connect into that watermain and extend down to the south end of the property and in the future, if and when the property owner to the south decides to develop that watermain will be extended through his development and all the way over to Powers Boulevard as well. As Ms. Aanenson had indicated this area, the sewer shed is planned to go to the large lift station off of Powers Boulevard. Obviously that's not in place at this time so the developer chose, elected to temporarily put in a lift station just for this development and basically at the bottom end of the property and pump the sewer up to an existing sanitary sewer system off of Lyman and Crossroads and service the development temporarily through that system. This area can be considered a premature development because of the sewer. The planned sewer in the comp plan is currently not in but in order to advance the development again the developer chose to put in this system. Along with the lift station that's going to be improved the City had anticipated that newer developments in this area, properties that would be using that larger lift station on Powers Boulevard be assessed approximately half the cost of that lift station. Obviously we haven't gone through that feasibility study yet and we haven't completely approved that but in order to capture some of those fees for that future lift station one of the conditions in the background is to have the developer pay for basically a connection charge. A future connection charge for helping out to pay for the, for that lift station so that number is still being looked at so we'll have a number in the future for the council to 15 Chanhassen City Council — June 27, 2016 consider and that will be at a future council meeting that that will be considered for approval in conjunction with this development so again sewer and water, we talked about that and then storm water, Ms. Aanenson talked about that a little bit as well. There's going to be some ponds and some infil, mainly infiltration ponds throughout the development that will meet the 1.1 inch infiltration rates and water quality and quantity as per the watershed district and other appropriate agencies so. Kate Aanenson: Thank you. There are 4 wetlands on this site. Approximate in this area that it's being pointed to. There's a contiguous wetland that we asked to have further investigation so when it comes back for, that one has to come back through the process so it will catch up when we do final plat. We're also hoping that this project can catch up with the project to, or the two projects can catch up. The one to the north may be advancing now again too. It went to the Planning Commission. It's scheduled for your approval and that was a smaller lot. Mayor Laufenburger: Is that Arbor? Kate Aanenson: Arbor Glen correct. Yep so that would really be nice to get both these projects at the same time and that's what we're hoping is going to happen here so. Mayor Laufenburger: Will they be able to use any of the, that trunk lift station or not? Kate Aanenson: They're still tying underneath over at. Mayor Laufenburger: Oh that's something different. Kate Aanenson: Yeah. I think they're still going to tie underneath so, going over towards Primrose there. Mayor Laufenburger: Okay. Kate Aanenson: I wanted to go to landscaping. There I am. Go too far, we've got utilities. Okay, tree preservation. Just want to talk about that a little bit. It's the southern part of it is heavily wooded again making some of the fantastic views so there's about 30 acres of wooded. 58 percent or 17 acres is being removed so that's, you have to have a minimum of 35 percent so in response to that they have met the requirements for the replacement which is about 120 trees or 2.5 acres so that will be part of their conditions of approval too. So I will let the Park Director talk about the trails and sidewalk. We spent quite a bit of time on that too. Mayor Laufenburger: Mr. Hoffman. This is an area of Chanhassen that not too many people see on a regular basis right? Todd Hoffman: That's correct. 16 Chanhassen City Council — June 27, 2016 Mayor Laufenburger: You going to tell us about it? Todd Hoffman: I will. Be glad to. Mayor Laufenburger, members of the council, I'm going to talk both about the development itself but then also Fox Woods Preserve which is originally a 32 acre and now over 55 acre with the added wetlands to the north that comes up to Lyman. Open space preserve. It was purchased by the City of Chanhassen with park referendum dollars in 1997. In fact it was the real reason behind that referendum back in 1997. There was a run up of development. Many subdivisions were going on in our community at that time and the citizenry thought it should be, would be wise to set aside some woodlands or some open space for future preservation in our community. That's what the vote was for. Some of those dollars were utilized to purchase this 32 acres from Frank Fox and his family so the land's been there since 1997-1998 when the purchase was finalized just waiting for development to touch it so then you could gain public access. Lacking public access there was no viable option to get to the park and we'll look at it in another slideshow. So the Park and Recreation Commission was really instrumental in taking a look at the quality of life. The desirability of a neighborhood has a lot to do with pedestrian and bicycle access so early on they were the first ones to take a look at this subdivision. Start studying trail connections, sidewalks and then connections into the preserve itself. One of the primary connections that's associated with this is the 101 trail connection on Highway 101 starting from the northern section of the plat and then heading south past the driveway. Continuing south to the underpass that is currently in place on Highway 101 at Bandimere Community Park and so we know that these future residents will want to gain access via either walking or bicycles, pulling wagons, other pedestrian vehicles to get to Bandimere Park. To the playgrounds. The ballfields. The disc golf course. All of the other activities that are over there and so it's important that this be put in place. How we do that with developers is that they understand it's important as well for the ability to sell their homes and to have happy families move in so the park dedication dollars which will be coming out of this subdivision then will be dedicated in probably in total and perhaps more to construction this trail section. The applicant will design it and install it and we split those bills for how that is done. The piece that is on their property, it's their responsibility or adjacent to their property to design it, engineer it and construct it. Grade it and build it and then we pay for the maintenance or excuse me the construction materials for that section. This piece that is off their plat we asked them to go ahead and still design it but we'll pay for that design since it's off of their plat. We'll negotiate with the property owner to obtain the necessary easements and then we'll pay the full construction cost as a part of that process. But when these homes are starting to be sold we want this trail to be in place so all the residents in that area can utilize it and also in the future another important connection going north, these homeowners will be able to walk right up to the commercial shopping. To the residential shopping areas that is there and take advantage of that. The sidewalks are put in as a part of the, they're required by the subdivision ordinance so the sidewalks are in place as a part of the development. These two connections are the first connections into the Fox Woods Preserve and so these are going to be trail connections coming off of these cul-de-sacs heading into the Fox Woods Preserve. One to the north off of this cul- de-sac and one to the south off of this cul-de-sac. These two touch down points will reflect in a trail plan which I'll show you in another slide. This is a comprehensive section of trail. It's on 17 Chanhassen City Council — June 27, 2016 the City's Comprehensive Plan. Then there are other trails that you plan as a part of subdivision so we want to take a look at that. A potential trail has always been noticed that when you come out of the box culvert it would be nice to go straight along this contour, alongside this wetland and gain access into this neighborhood. We have the ability to do that with the parts of the subdivision that are in this plat. We do not have the ability currently to do that with Mr. Blanski but we will discuss that. The applicant has been in conversation with them about that but they're not a part of this process right now so we'll discuss that. This connection when we're out discussing with Mr. Blanski this connection but that's something for the future. So this outlot, this trail corridor is in an outlot and we're taking it today for the future opportunity to build that trail at some point in the future. We also have this section as a part of an outlot so that's a trail corridor that's included in an outlot. And then we have an addition that has been added since the Park and Recreation Commission recommendation and the Planning Commission meeting and that is to take a 20 foot trail easement on the back of these 2 lots so then that could be finished in the future if no other access is ever developed into that Fox Woods which is more of a regional connection. We really want to take advantage of this box culvert and make a connection from Bandimere Park over to the Preserve. If you think about it in a large scope for this entire region of southern Chanhassen they're going to have a nature park on the west and they're going to have an active park on the east. The City does not intend to acquire or build any future parks in this area so all the people from the west to get to their active park preserve will need to go to Bandimere and then all the folks that live over there by Springfield and some of those other areas they'll be able to, they'll want to, their destination, they'll want to get to that open space preserve so they'll be utilizing the box culvert as well. So now let's take a look at another larger perspective. This gives you an idea of what's going on with the preserve itself and then some overall trail developments. So the ones we studied are right here. The 101 connection. We studied the sidewalks and then we took a look at this potential future connection. This possibly could happen in the future. Let's take a look at the preserve itself. This is the 32 acres that was acquired as a part of the referendum and then with the platting of 212 this remnant parcel was purchased by the City from MnDOT and added to that preserve so this makes this a really special park preserve for the people living in the area. The wildlife that currently resides there and it really provides a nice view shed off of Lyman Boulevard back down into this area. There'll be some natural surface trails in the red lines. Those are currently in place. Largely currently in place. That will take people through this wooded area. There'll be no interruption to the canopy as a part of that trail system. Just foot paths and nature paths. You know some of the neighbors have been taking advantage of that for the past 15 or 20 years since it's been there. Those that have access to it. It's a very beautiful site. Very nice wooded area. The planning division led by Jill Sinclair has been doing buckthorn control in there the whole time and so, that we've owned it. The City has owned it so it's very nicely maintained as a natural wooded area. There is a trail that we're studying on this corridor which then would bring the entire area. This would be an asphalt trail. Bring you back up around to the corner and so then residents in this area would have that opportunity to take you know an entire loop around this preserve in the right-of- way of 212. Looking to the future, if the property to the south would ever subdivide at some point in the future that's again a time when you plan potential future connections and this currently, this southern connection is what we see as the preferred connection to come out of the In Chanhassen City Council — June 27, 2016 box culvert. Head south. Continue in and take advantage of these wetlands and these alignments along the wetlands to gain access into the Fox Woods Preserve. Stay basically on that southern border separating the city property and the Erhart property and continue out to the west and then to a potential type of a trail head situation here in the future. So that's for future acquisition as a part of a subdivision. This is what we're dealing with today and the recommendation that we have before you includes everything that is needed to make you know a very well thought out and planned pedestrian accesses for those future homeowners in that location. I'll be happy to answer any questions and thank you Ms. Aanenson. Kate Aanenson: So again we're taking those easements today. Not constructing it but it gives you an option if, however the other piece comes in so a lot of discussion on that at the Planning Commission so I just wanted to make sure it's helpful to have a little bit more detail and better maps to show you the big picture. Mayor Laufenburger: When you say a lot of discussion was it related to the placement of that trail, is that what it was? Kate Aanenson: Yes or building it now. While it wasn't the preferred alignment to taking the easements now. It's sometimes hard to go in and build them later but we want to make sure there's at least, while not the preferred route a secondary access point. Mayor Laufenburger: So you have, you essentially you're saying that you now have, you have gained access for this City to build a trail there at some point in the future. Kate Aanenson: Yep. Mayor Laufenburger: Are there deer paths there right now so if somebody really wanted to walk there they could? Todd Hoffman: Absolutely. There's trails in the preserve right now. Why this, one of the reasons is this is not the preferred alignment is we have some significant grade issues right in this location. Very, some steep inclines and then it just kind of tightens everything up. If you study this ring when you come back down, we'd like to stay on the south border to make that just a little bit more of a nice loop. Mayor Laufenburger: These easements that you're getting are the ones in green, is that correct? Todd Hoffman: Correct. Kate Aanenson: Correct. Todd Hoffman: Those are there up into this point. The Blanski property is not there, correct. 19 Chanhassen City Council — June 27, 2016 Kate Aanenson: That's why we're not putting it in place now. Mayor Laufenburger: Okay. Kate Aanenson: But we're planning for the future so we've got options so. Mayor Laufenburger: That's what we do here in Chanhassen. Kate Aanenson: That's what we do. Alright so with that, again the variances were for the private street to provide access to the 2 existing homes which again we asked the developer to do to make that a better plat and not only that we did work with Mr. Paulson to incorporate some of his lots into the plat itself. And then for the Bluff Creek Overlay setback, again the applicant's providing much of the buffering adjacent to the Overlay District of outlot and putting it in a separate lot so it's not part of anybody's, it will be private. Not part of anybody's personal lot so be very difficult to try to administer those little pieces that are out there so we believe this is very supportive of the variance. I did give you the Findings of Fact are attached in the report but we did hand out the conditional use and the variance ordinances in front of you. So with that we are recommending approval of the rezoning and of the variances of the plat and the variances and adoption of the Findings of Fact. I'd be happy to answer any questions that you have. Mayor Laufenburger: So thank you Ms. Aanenson. Any questions for Ms. Aanenson or Mr. Oehme or Mr. Hoffman? Anybody? Councilwoman Ryan. Councilwoman Ryan: I do. I have a few questions. And I'm kind of going to jump all over the place just based on the way that the report came so. The first that I read was about the driveway grade. Whatever came of that? I know that there was, it said that some of the driveways had a 9 percent grade and the recommended was a 3 percent grade. Did those get changed or? Kate Aanenson: I believe driveway grades can be up to. Paul Oehme: Up to 10 percent. Kate Aanenson: Ten percent, yeah. Paul Oehme: So and some of the lots we were just concerned they were getting pretty steep so we're still working with the developer on trying to soften some of those grades up if we can. Kate Aanenson: So when it comes back for final plat, there's a couple little loose things there. We changed the easements. We're waiting to see the final determination of those wetlands so when that comes back for final plat we'll show you how we address those issues. Councilwoman Ryan: Okay. 20 Chanhassen City Council — June 27, 2016 Kate Aanenson: Yeah those are things that we're asking them as we tweak this before it goes back to final plat. Councilwoman Ryan: Okay. And then, and I think you said that you're still waiting on, I know that there were some concern initially about some of the drainage into the Bluff Creek and especially with the runoff into Lake Riley. Kate Aanenson: Correct. Councilwoman Ryan: And I think it was called and H and H report. Kate Aanenson: Yep. Councilwoman Ryan: Has that not come back yet? Kate Aanenson: I can ask the applicant if they got that back. What page are you on in the staff report? Councilwoman Ryan: Well see now I'm on this new. Kate Aanenson: Oh that's right. I'm sorry. I'm sorry. I was doing the same thing. Councilwoman Ryan: It was under. Kate Aanenson: Stormwater management? Councilwoman Ryan: Drainage. And it said, the stormwater management hydrologic and hydrologic study. Bill Coffman: Yes. Yes. We working on that and we're working with the watershed staff in preparing. Councilwoman Ryan: Okay, just because I know that when staff had reviewed it there was concern that it didn't meet the criteria in terms of runoff into the Bluff Creek as well as Lake Riley so. PaulOehme: Correct. Yep. Mark Rausch: Mr. Mayor and members of council. Mayor Laufenburger: Just identify yourself please. 21 Chanhassen City Council — June 27, 2016 Mark Rausch: Yep, Mark Rausch with Alliant Engineering. So we've been working with Terry and he took his first review of it and we've responded to several of his comments already and then we've submitted to the watershed. We kind of were holding off submitting to them until we flushed out some of these things with the trails and so forth to not waste their time as well but that has gone into them as well now. Councilwoman Ryan: Okay. Mark Rausch: So they provided a real basic review but now that will be part of their thorough process and so that study is definitely underway. Councilwoman Ryan: Okay. Kate Aanenson: So to their deference there was a lot of points that were, heavy lifting. We got into a couple situations there was go, no go. Whether we were going to continue to spend money so I think we believe we're confident they can meet those conditions as we move towards final plat now that we've worked the trail issues out and the like. Councilwoman Ryan: Okay. Thank you. Mayor Laufenburger: Thank you Mr. Rausch. Councilwoman Ryan: And then a couple other questions sorry let me. When you, when it was, let's see here, I think it was about the grading as well. Their recommendation to have just the, typically we ask for a 40 foot structural setback and the variance is for a 20 foot setback and I think it was out of convenience than an actual boundary. Could you explain what you mean by that please. Kate Aanenson: Yep, so in those areas where it's in the Overlay District itself or the easement, because they're giving that in perpetuity we felt like that had met the test of what we were trying to do and that was to get the preservation. Councilwoman Ryan: Okay. Kate Aanenson: So we believe that the retaining walls and the like are out of that area so. Councilwoman Ryan: So they're not going to be, you're not cutting anything down to put in a retaining wall. Kate Aanenson: Correct. 22 Chanhassen City Council — June 27, 2016 Councilwoman Ryan: Okay. That was one question. And then I don't know if it was a typo but I didn't understand when again with the talking about the intersection. It said creating a fun intersection. I didn't know what that was. Mayor Laufenburger: I saw that too. I want to know is that a technical term? It's not an engineering term I know that. Paul Oehme: Park and recreational term. Kate Aanenson: I don't know. That must have been a typo. ; Councilwoman Ryan: Okay. Kate Aanenson: I don't think Paul. Mayor Laufenburger: I thought maybe you were going to mount a video and then every week you would review the fun things that happen at that intersection. Councilwoman Ryan: I just, I found that very interesting. And then last 2 questions. Mr. Hoffman in terms of the trail to the north, I know you said the ultimate connection would be to Lyman. Would we do that at this point or would? Todd Hoffman: So it would happen with the adjoining property to the north. Councilwoman Ryan: Okay. Todd Hoffman: And it would be a similar sequence of events that happens here. You would work with the developer. Have them put it in. Split the cost and have it installed concurrent with development. Councilwoman Ryan: Okay so if they don't happen at the same time would it just be a dead end trail basically? Todd Hoffman: Yep, a terminus. Councilwoman Ryan: And then if that's the case, you know people will go down that is there, to access. You know people think they're still going to walk is there? Todd Hoffman: We'll sign it at the terminus point. We'll sign it at the intersection and then they have a choice if they want to head down there and there's really not much of a shoulder there to take them on 101 so. 23 Chanhassen City Council — June 27, 2016 Councilwoman Ryan: Right, okay. Just for safety reasons we'll have like you said signage there, okay. And then I know we got a note today about the maximum length of the connection of the road and if we could just touch on that and maybe explain what the letter was and touch on that. Kate Aanenson: An anonymous letter went to the Fire Marshal regarding that length of cul-de- sac. We had the situation arise, sometimes they're a permanent one. The only way based on topography it's topographically isolated. In this circumstance as we showed before, I was going to back up to, whoops I'm going the wrong way. Back up to the overall layout for this area. This will come back through and actually ties in a couple. Do we know what the timing of that is? No but the Fire Marshal felt confident that they can get in there and provide adequate service to any needs there so. Councilwoman Ryan: And so there's no liability to the City if, I think the suggestion was if a tree falls and then the fire truck can't access the end road, I mean what's the liability to the City if we didn't follow code in developing this piece of property? Roger Knutson: Mayor, members of the council. The short answer is none. Councilwoman Ryan: Okay. Roger Knutson: We have a good deal of discretion and immunity in reviewing and approving these things. Councilwoman Ryan: Okay. Mayor Laufenburger: Related to that, Mr. Oehme do we have any cul-de-sacs longer than 800 feet right now? Paul Oehme: We do. Mayor Laufenburger: Okay. A lot? 2, 3, 7, how many do you know? Councilman McDonald: It's at least 3. Paul Oehme: Yeah. At the least I'm thinking probably upwards of a dozen right now. Kate Aanenson: Highover. Paul Oehme: Yep. Mayor Laufenburger: Pipewood. I think Pipewood isn't it? 24 Chanhassen City Council — June 27, 2016 Kate Aanenson: Yeah. Probably Settlers West up which goes into the bluff in Eden Prairie. Mayor Laufenburger: That's right. Kate Aanenson: And we have a few. Paul Oehme: Bluff Creek Drive. I mean that's. Mayor Laufenburger: That's right. Right at River Rock and that area. But all of those were built, well not all of them but several of them were built with the notion that at some point development would continue on the other side. Paul Oehme: That's correct. Councilwoman Ryan: And so does it make sense then to take a look at the code and see if that 800 feet is still applicable to the City? Kate Aanenson: Sure, we can do that. Todd Gerhardt: Mayor, council. Mayor Laufenburger: Mr. Gerhardt. Todd Gerhardt: What we try to do is have an overall plan for the city as it develops. Each property owner has their own agenda of when, when's the proper time to sell and develop their property and we try to use best planning techniques to plan out the community but when adjacent property owners aren't ready to develop you know we're going to kind of run into the face of our own policies. But in this case I think we've shown where there's future accesses to gain this site so overall our planning is appropriate. From an ordinance standpoint of not wanting to have any long cul-de-sacs I think is a good rule. It helps and indicates to the developer to do their best efforts to try to plan their developments without one long cul-de-sac. But in some cases where a property owner, Settlers West is a perfect example where contours, grades don't allow for a secondary access but the property owners still has rights to develop their property so that's when we have to be flexible in our rules. And I think it says in there if there isn't an alternative access so you know it's a taking if you don't allow the developer to build but I think it's a great planning tool to connect neighborhoods and also from a safety situation. Bluff Creek Drive. We know that's a concern but we do have plans to make the connection over to Powers and we've been planning since 2007 and we're into 2016, almost 10 years later so but overall as long as we have a plan. The fire department, they carry chainsaws. If a tree falls down they'll cut up that tree. Move it. Pull it with their trucks to get it out of there. They would do everything within their efforts to get to that fire and so we do our best from a planning perspective and, but it wouldn't hurt to look at the ordinance down the line but I think it's good to have a guide in there of some sort. 25 Chanhassen City Council — June 27, 2016 Councilwoman Ryan: Okay. Thank you. Mayor Laufenburger: Anything else? Councilwoman Ryan: And then my last question, I know this will come back to us because I know there was a comment in there that there's going to be excessive clearing and grading and you touched on it about there will be 35 percent coverage but it will back to us to look again at their land. Kate Aanenson: Yep on final. Councilwoman Ryan: Okay, thank you. Mayor Laufenburger: Any other question or comment? I would like to speak to one thing. Councilwoman Ryan you bring up good points there were addressed in that letter. What I would like to say just as a side bar, I'm not accustomed to dealing with people who send us information but they don't tell us who they are. I think it's important to know and I'm speaking to anybody who would choose to send us something anonymously. Tell us who you are so we can identify the perspective from which you're writing. You know are you a property owner in the area? Are you thinking of buying a home in the area? So I would just encourage anyone who would, there is no risk. There is no repercussion associated with that. It helps us identify who you are when you tell us about an issue so that would just be kind of an ongoing message that I would say but I will reinforce that the questions that were raised were important questions to be answered so thank you. Any other questions or comments? Mr. Oehme can I ask you to speak to the issue that you addressed? You said that you would want to assess these 46 property owners to some degree for a future sewer connection through to the lift station on Powers. Can you just speak a little bit about that and how do you know how much to assess them for the future? Paul Oehme: Sure. So this is similar to what the City has done in other situations. This is a little premature for this development particularly but we have assessed for sewer improvements or for future road improvements. Lake Ann interceptor I think comes to mind as probably the last project that was assessed for a big trunk sewer improvement project but the lift station for this area, the trunk lift station will service the Wilson property and all the way south. All the way basically to the edge of the Bluff Creek bluff off of 101 too so that whole area for future development would be proposed to be, for new development proposed to be, help pay for that sizing of that lift station because there is a benefit to have that end lift station in there. It's a large lift station. Very expensive and for the City to have that all under connection charges, I think that was discussed and reviewed the last time we had the sewer rate study and connection fee discussion several years ago. At that time we had talked about assessing half of that lift station to the benefiting developments. Future developments in this area. Not the people that already have the parcels or are living in the property but anyone that's going to be future 26 Chanhassen City Council — June 27, 2016 connection for new developments so that's the methodology that we've used. There is a benefit we think for that lift station for future properties to develop. We came up with a percentage that we think is reasonable for the developers to pay for. It's just that we haven't gone through the complete feasibility study yet and the assessment methodology because we don't have a project yet for that lift station. We have estimates on how much the lift station will cost and we're basing our assessment methodology on those estimates at this time. Mayor Laufenburger: But that lift station on Powers will be serving, eventually will be serving Fox Woods. It will be serving any development in the Erhart property. Would it be serving any commercial property just north of the lift station? Paul Oehme: North of the lift station and west of the lift station. Mayor Laufenburger: Okay so it would also be servicing any development that happens at Bluff Creek Golf Course. Anything on Creekwood, Lakota and even along 61 so there's a lot of people that would be contributing in the form of assessments to this, is that correct? Paul Oehme: That's correct. And we did it basically and we looked at it from a high level. We looked at how much developable property for each of these lots are potentially you know developable. Looked at how much acreage they have out there and just go through the calculations based upon area. Areas and how much it's going to cost and try to base it upon a cost per acre. Mayor Laufenburger: But the trunk lift station that you refer to for this Foxwoods is really being built to accommodate essentially 46 homes. Paul Oehme: Correct. Mayor Laufenburger: Is that right? Paul Oehme: It's specifically just to develop, or just to service the parcels that are being proposed in this development specifically. Nothing else. Mayor Laufenburger: Okay. Paul Oehme: So once, if the trunk lift station on Powers is built and if the property to the south develops, that sewer will be extended all the way up to Foxwoods. Connect into the existing, or connecting into the existing sanitary sewer system and that temporary lift station that's being built with Foxwoods would be eliminated at that time. Mayor Laufenburger: Okay. I had one other question regarding the water. We recently dealt with a dead ended water location. I think it was Beacon Court up on 78th west of 41. Are we creating a loop here or is this a dead end? 27 Chanhassen City Council — June 27, 2016 Paul Oehme: Well right now like the road it's going to be a long cul-de-sac. This will be a long dead end. Mayor Laufenburger: Dead end, okay. Paul Oehme: At this time. We're looking at maybe an air relief manhole or something else if we do have a water hammer that at least release some of that pressure but in the future again just like the sanitary sewer it's going to be looped through. Connected through all the way to Powers Boulevard. Mayor Laufenburger: Okay, very good. Very good. Okay, any other questions? If not are you, could you just review the action you're looking for again Ms. Aanenson tonight. Kate Aanenson: So the action includes a rezoning. A conditional use for the Bluff Creek Overlay District. A subdivision plat. And then variance for the private street and the setback from the primary zone and approval of the Findings of Fact. Mayor Laufenburger: Okay, so the rezoning is permanent. Kate Aanenson: That's correct. Mayor Laufenburger: The action we take tonight that's currently changes it. Kate Aanenson: That's correct. Mayor Laufenburger: And the conditional use permit is subject to some conditions is that correct? Kate Aanenson: Correct, yes. Mayor Laufenburger: Okay. And the. Kate Aanenson: The variance would be too. The only thing that would not be permanent would be, well the preliminary plat is but you would see that one more time. Mayor Laufenburger: There we go, that's what I wanted. Kate Aanenson: Yeah you'll see the final plat and that will include some of the watershed district issues we talked about. Landscaping and final plans and all the lists, the checklist that's in your conditions of approval. Chanhassen City Council — June 27, 2016 Mayor Laufenburger: Okay. Alright, thank you Ms. Aanenson. Anybody wish to make a comment or a motion? Councilman Campion: I'll make a motion. Mayor Laufenburger: Mr. Campion go ahead. Councilman Campion: Alright, so the Chanhassen City Council approves rezoning from Agricultural Estate District (A-2) to Residential and Medium Density. Residential Low and Medium Density (RLM). A conditional use permit for development in the Bluff Creek Overlay District (BCOD). And 46 lots, 6 outlots and public right-of-way preliminary plat with variance for the use of a private street and a 20 foot setback variance from the Bluff Creek primary zone subject to the conditions of approval and adopts the Findings of Fact. Mayor Laufenburger: We have a motion. Is there a second? Councilwoman Ryan: Second. Mayor Laufenburger: Thank you Councilwoman Ryan. Is there any further discussion? Councilman Campion moved, Councilwoman Ryan seconded that the Chanhassen City Council approve the Conditional Use Permit for development in the Bluff Creek Overlay District (BCOD), rezoning from Agricultural Estate District (A-2) to Residential Low and Medium Density (RLM), and a 46 -lot preliminary plat with variances for a private street and a 20 foot Primary Corridor Boundary setback, plans prepared by Alliant Engineering, Inc. dated 5-6-16, subject to the following conditions, table the Wetland Alteration Permit and adoption of the attached Findings of Fact and Recommendation: Rezoning: 1. Contingent on final plat approval. Subdivision: Building: 1. Final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued. 2. Buildings may be required to be designed by an architect and/or engineer as determined by the Building Official. 3. Engineered design and building permits are required for retaining walls exceeding four feet in height. 4. Each lot must be provided with a separate sewer and water service. 5. Demolition permits must be obtained before demolishing any structures. 29 Chanhassen City Council — June 27, 2016 6. Proper removal, abandonment or sealing of storage tanks, on-site septic systems, wells, etc. is required. Permits are required, as applicable. 7. If applicable, existing home(s) affected by the new street will require address changes. 8. Provide a 1:200 "clean" plat drawing. Engineering: 1. The 16.5' wide telephone easement must be vacated before the City Council considers final plat approval. 2. The well on the property must be properly abandoned. 3. Label the contours on Sheet 2 of the Existing Conditions Survey. 4. The grading plan must be revised to eliminate the 3H:1 V slope within the temporary cul-de- sac. 5. The developer shall dedicate an easement over the temporary cul-de-sac; the easement exhibit shall be submitted with the final plat application. 6. The private street within Outlot B and must be built to a 7 -ton design. 7. Pedestrian curb ramps from the sidewalks to the street are required must be ADA -compliant. 8. The developer will install shallow monitoring wells or piezometers in the area of Lots 1-4, Block 5 and Lot 18, Block 1. Water elevations shall be monitored for a minimum of four weeks during a time when seasonally high water table would be expected. 9. An oversized drainage and utility easement is required at the back of Lot 1, Block 6 as this area conveys drainage from the adjacent parcel. Staff recommends that the 916' contour extend into the drainageway to create a swale versus the sheet drainage pattern that is currently shown; it has been staff's experience that landscaping/hardscaping/etc. on the downstream parcel tends to impede sheet drainage. 10. Per Section 18-40 (4) d. 2. v. a drain the service is required for Lots 1-4 Block 5, Lot 6 Block 5; and Lots 1-3 Block 6 as these lots are proposed to drain from the back of the lot towards the street. 11. The developer's engineer shall ensure that the maximum driveway grades shown on the plan are calculated such that a 10' landing is provided where the driveway connects to the street and a five to 10 -foot landing is provided at the garage. 12. On the grading plan label the existing contours. 13. The retaining wall on Lot 2, Block 4 must be outside of the drainage and utility easement. 14. The temporary lift station must be located outside of the temporary cul-de-sac. 15. The developer must work with staff to ensure that the invert elevation is at or higher than the invert elevation established during the concept planning of the undeveloped parcel to the south. 16. On Sheet 18 modify Note 2 to state that 10' horizontal separation is required between water and sewer lines and modify Note 11 to state that sanitary sewer services shall be 6" diameter. 30 Chanhassen City Council — June 27, 2016 Environmental Resources: 1. Prior to any grading, the applicant shall install tree preservation fencing using metal stakes. The fencing shall be placed fencing at the grading limits. Tree 42524 shall be included in the fencing area rather than fenced separately. These protections shall remain in effect until construction is completed. 2. Signage identifying outlot natural areas will be posted at property corners on lots 1, 3-6, 8-9, 17, 18, block 1 and lots 1, 2, block 2 and lots 8, 9, block 3 and lot 1-2, block 4. Fire: 1. A 3 -foot clear space shall be maintained around fire hydrants. 2. Submit propose street names to Chanhassen Fire Marshal and Chanhassen Building Official for review and approval. 3. Street signs (temporary allowed) shall be installed prior to building permits being issued. Fire Marshal must approve signage. 4. Prior to combustible construction fire hydrants shall be made serviceable. 5. No burning permits will be issued for tree/brush removal. 6. Prior to combustible home construction fire apparatus access roads capable of supporting the weight of fire apparatus shall be made serviceable. 7. Additional fire hydrants will be required or relocated. Parks: 1. Full park dedication fees shall be collected per city ordinance in lieu of requiring parkland dedication; and 2. Dedication of an outlot adjacent to Lot 12, Block 5 and across the southern portion of Lot 5, Block 5 to accommodate future construction of a trail. 3. Planning, engineering and construction of two planned 10 -foot wide trail connections leading from two cul-de-sacs into the Fox Woods Preserve. 4. Planning, engineering and construction of a planned 10 -foot wide Highway 101 trail connection between the current trail terminus at the Bandimere Park Pedestrian Underpass and the northern terminus of the plat adjacent to and along Highway 101. 5. Trail right of ways within the subdivision shall be provided within outlots as a condition of the plat. Acquisition of trail easements outside of the plat shall be the responsibility of the City of Chanhassen. 6. The Developer shall be responsible for the installation and payment of the two planned 10 - foot wide trail connections leading from two cul-de-sacs into the Fox Woods Preserve. 7. For those sections of the Hwy 101 trail situated north and south of their property boundaries, the Developer shall be reimbursed by the City of Chanhassen for the full cost of planning, engineering and construction of a planned 10 -foot wide Highway 101 trail connection 31 Chanhassen City Council — June 27, 2016 between the current trail terminus at the Bandimere Park Pedestrian Underpass and the northern terminus of the plat along Highway 101. 8. For that section of the Highway 101 trail located within or adjacent to the Developer's project boundary, the applicant shall be reimbursed by the City for the cost of the aggregate base, trail surfacing, retaining walls and storm water systems utilized to construct the trail. This reimbursement payment shall be made upon completion and acceptance of the trail and receipt of an invoice documenting the actual costs for the construction materials noted. Labor and installation for the trail surface and design, and engineering and testing services for all components of the Developers section, are not reimbursable expenses. 9. All trails shall be 10 feet in width, surfaced with asphalt and constructed to meet city specifications. 10. The granting of a permanent 20 foot wide trail easement across the rear of lots 8 and 9, Block 3. Water Resources Coordinator: 1. The model shall be modified to reflect the fact that current soil conditions and vegetative cover will have a lower bulk density and a higher infiltration rate than fully developed conditions. 2. The model must be modified to accurately reflect times of concentration for each drainage area. 3. In the absence of measured infiltration rates, the site should be modeled with conditions similar to what is anticipated given the soil survey and the proposed construction methodologies. 4. The wetlands cannot be used to meet rate control. Rate control must be achieved prior to discharge to any of the wetlands, MN DOT right-of-way or adjoining properties. 5. The infiltration basin areas shall be protected from construction traffic and other construction related activities throughout the duration of the project. This shall be noted on the grading plan, in the SWPPP and shown with pre -construction silt fence location. 6. The infiltration areas shall be graded last. The tributary area shall be graded and stabilized prior to excavation of the infiltration basins. 7. The mass grade phasing schedule shall include stripping and stockpiling of top soil material. 8. The grading and erosion plan shall include stockpile locations. 9. The SWPPP and erosion plan shall include topsoil quantities necessary to place six inches (6") on all disturbed areas to be re -vegetated. 10. A detailed planting schedule and plan shall be included for each infiltration basin. 11. Redundant perimeter controls are required for all disturbs soils draining to wetlands. This may be silt fence, biologs, wind -rows of salvaged and stockpiled topsoil or other as approved by the city. 12. The developer shall be responsible for procuring the NPDES construction permit and providing proof to the city prior to any land disturbing activities. 13. The developer must meet the requirements of MN Rules Chapter 8420 and the Federal Clean Water Act. 32 Chanhassen City Council — June 27, 2016 14. The development shall meet the CUP conditions for the Bluff Creek Overlay District. 15. Signage will be required at every lot corner and angle point along the private lots adjacent to the wetlands not bound by the BCOD. These must be installed prior to selling the lot. 16. Any grading within wetland buffers must be restored with native vegetation. A planting schedule and vegetation maintenance plan of at least 3 years shall be provided to the city for review and approval. 17. The Storm Water Utility Connection Charge due at final plat is estimated to be $218,662.84 Conditional Use Permit: 1. Infiltration basin IB 1 located north of Lots 10, 11, 16 and 17 of block 1 shall be evaluated for methods to reduce tree loss. 2. The Bluff Creek Overlay District Boundaries shall be shown to be incidental with the boundaries of Outlots A and C. 3. Any grading within the Bluff Creek Overlay District must be restored with native vegetation. A planting schedule and vegetation maintenance plan of at least 3 years shall be provided to the city for review and approval. Signage will be required at every lot corner and angle point along the private lots adjacent to the BCOD. The sign language shall be provided by the city and the signs shall be at the developer's expense. These signs shall be placed by the developer prior to selling any of the lots. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Laufenburger: Congratulations. Thank you very much. Bill Coffman: Thank you. COUNCIL PRESENTATIONS. Mayor Laufenburger: Any council presentations tonight? Mr. Campion, did you have one? Councilman Campion: I guess this is just more of an announcement. Mayor Laufenburger: Please do. You have the prerogative to do this. Councilman Campion: No just this past weekend I had the pleasure of coaching my daughter's 8U fast pitch softball team and they ended up winning their silver bracket state tournament championship. It was a pretty good event. The girls were amazing to coach and it was just a real positive experience. Mayor Laufenburger: Well congratulations. We love producing champions here in Chanhassen. Yeah we could have had cake. We could have had 8U cupcakes. Well congratulations. And her name? 33 Chanhassen City Council — June 27, 2016 Councilman Campion: Emily. Mayor Laufenburger: Emily. Wonderful. Congratulations Emily where you are. Councilman Campion: It was a very dramatic game. Mayor Laufenburger: They're the best. Councilman Campion: Oh yeah. Mayor Laufenburger: Anybody else? I would just like to make note of one thing. I know that there has been a lot of coverage about this but I was very pleased to be part of the Prince mural ceremony on Wednesday evening. You know our community has been placed in the spotlight for a number of things over the years. Most of it has to do with awards but to see and experience what this artist from New Zealand, Mr. G. Graham Hoete. To see what he accomplished in a matter of 5 days is nothing short of just absolutely astounding and I think that the, as much attention as has been drawn to Paisley Park, very appropriately so because of the memorial, to see this appear on the side of the Chanhassen Cinema where Prince often frequented and to have it be essentially donated by Martin Hubbard, the owner and President of Chanhassen Cinema, I think it's really quite phenomenal and if you haven't, if you haven't done so already, and I expect all of you have but I would encourage all of you to just go and take note of that. That incredible piece of artistry. It was quite spectacular. Very moving thing. Instant block party for the community and I know it's going to get a lot of attention during the 4th of July weekend as well. And I did want to say fireworks are dangerous. Be responsible if you're going to use sparklers of any kind. Councilwoman Ryan: Mr. Mayor? Mayor Laufenburger: Yes Councilwoman Ryan. Councilwoman Ryan: Just to add to the, you did a great presentation and dedication to the mural that evening and the celebration but I just thought it was great for how the City got involved right away and police and fire were there and then the, a lot of the local businesses jumped right in to provide food for all the people so I just, you know I heard when we were down there and just saw on Facebook and friends just said what a cool city we live in to have something happen so quickly and everybody just gets behind it and supports it so it was another proud moment in Chanhassen. Mayor Laufenburger: Yeah. Just a personal story. A couple were there from Luverne. Anybody know where Luverne is? So this couple. Todd Gerhardt: It's a great southern town. 34 Chanhassen City Council — June 27, 2016 Mayor Laufenburger: Well I remember their names but I'm going to protect them anonymity. They said Mr. Mayor I just want you to know that we love your city and I said well thank you. Where you from? They said we're from Luverne. Luverne? Yes we came up specifically for this ceremony. Well is this the first time you've been in the city? No. We've been here half a dozen times. Well why don't you buy a home here? We tried to but somebody else bought it and they were looking in Greenwood Shores so some house that they were looking at got bought before they could so more, are we over quota on people from Luverne yet? Todd Gerhardt: We never have our quota on southern Minnesota people. We've got the gates open for those people. Mayor Laufenburger: The city is open. Anyway that was very cool. Very cool. Mr. Gerhardt, administrative presentations. ADMINISTRATIVE PRESENTATIONS. Todd Gerhardt: Well I just want to thank the Mayor for his part in the dedication. To stand there when Mr. G is screaming at you and not running, I was so proud of you. And he even stuck his tongue out at you and but it's tradition to do, I call it a war dance but it's a dedication dance and you know thank you for representing us there and so proud of the private businesses really took off I was very careful that we would take a limited role in this because it is all private property and so with that said they grabbed the ball and ran and worked together. Kraus - Anderson. Five Star Cinema. A couple of our local residents that don't take no for an answer got heavily involved. Kirsten just did a fantastic job and so it's not just us. It's private people. It's our local businesses that really benefit from this and made it fun. I mean they grilled hotdogs and did a variety of things. The banks were there giving out water and so just a perfect public/private partnership that works in Chanhassen. That's all I have. Mayor Laufenburger: Okay. CORRESPONDENCE DISCUSSION. None. Mayor Laufenburger: Just to note the City Council will continue it's work session in the Fountain Conference Room. We had another item on our agenda to complete. Otherwise is there a motion to adjourn? 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 8:25 p.m. Submitted by Todd Gerhardt City Manager 35 Prepared by Nann Opheim