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CC 2005 07 25 CHANHASSEN CITY COUNCIL REGULAR MEETING JULY 25, 2005 Mayor Furlong called the meeting to order at 7:00 p.m.. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilwoman Tjornhom, Councilman Peterson, Councilman Labatt and Councilman Lundquist STAFF PRESENT: Todd Gerhardt, Roger Knutson, Justin Miller, Paul Oehme, Kate Aanenson, and Todd Hoffman PUBLIC PRESENT FOR ALL ITEMS: Cheryl, Jeff & Adam Peckron 968 Bluff Point Drive, Chaska Janet Paulsen 7305 Laredo Drive PUBLIC ANNOUNCEMENTS: Mayor Furlong: Thank you and good evening and welcome to those that are joining us here this evening and those watching at home as well. Glad that you’re joining us. At this time I would ask if there’s any modifications or additions to the agenda. If not, without objection we’ll proceed with the agenda that was published with the council packet. Tonight I’d like to make a public announcement and general invitation to National Night Out which will be this, on Tuesday, August 2, 2005 in the city of Chanhassen, along with a National Night Out that is an event nationwide. This is an event that encourages citizens to get out, get to know their neighbors. Learn about crime issue. Help promote crime prevention. Provide an opportunity for public safety representatives to meet and discuss issues of concern with our citizens. The City of Chanhassen takes great pride in continuing to be a safe place to live and work and part of keeping Chanhassen safe is a partnership between the citizens and those who serve this city. National Night Out supports the efforts of reminding citizens that their involvement is an integral part of maintaining safety in Chanhassen and we encourage citizens to get involved. This is a great opportunity to meet neighbors and to renew acquaintances and to be involved. On August nd 2, that’s a Tuesday night, coming up a week from tomorrow. A week from tomorrow, representatives from Carver County Sheriff’s office, Chanhassen Fire Department and others will be visiting various block parties. I think tonight there are about 31, 32 block parties already organized. There is always room for more. If you’re interested in finding out if your neighborhood already has a block party, or organizing one for your own neighborhood, please call city hall at 952-227-1610. Hope to see everybody there. CONSENT AGENDA: Mayor Furlong: I would ask if there’s any desire to separate or pull off any item from the consent agenda for separate discussion. If there is none, is there a. City Council Meeting – July 25, 2005 Ralph Burrell: Mayor? Separate discussion, please explain. At this time or after another meeting. Mayor Furlong: Is this regarding one of the items on the consent agenda itself? Ralph Burrell: Yes. Mayor Furlong: Okay. Why don’t you come forward to the microphone sir and just identify yourself. Maybe identify the item you’re referring to. Ralph Burrell: Okay. My name is Ralph Burrell. I live at 7555 Frontier Trail. We’re here to discuss Mr. Stinson’s suggestion to subdivide Lot number 4 I think in Subdivision number 3 of Frontier Trail. Mayor Furlong: Okay. We’ll bring that up under new business. Is that public hearing? Kate Aanenson: Right. Mayor Furlong: It’s in the public hearing so that is later in our agenda already sir. Are there any other items on the consent agenda? This is items 1(a) through (f). If there’s a desire for separate discussion. If not, is there a motion to approve. Councilman Lundquist moved, Councilman Peterson seconded to approve the following consent agenda items pursuant to the City Manager’s recommendations: a. Approval of Minutes: -City Council Work Session Minutes dated July 11, 2005 -City Council Verbatim & Summary Minutes dated July 11, 2005 Receive Commission Minutes: -Park and Recreation Commission Verbatim & Summary Minutes dated June 28, 2005. d. Approval of Plans & Specifications; Authorize Advertising for Bids; Lake Susan Playground. e. Approval of Membership to the Surface Water Management Plan Update Task Force. Resolution#2005-63: f. Approve Letter of Support and Resolution; Carver County Application for Transportation Enhancement (TE) Funds for Trunk Highway 41 Bicycle/ Pedestrian Underpass and Trails. All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS: 2 City Council Meeting – July 25, 2005 HIGHWAY 212 UPDATE, JON CHIGLO, MNDOT, PROJECT 03-09. Mayor Furlong: We do have two presentations scheduled for visitor presentations, but we’re not limited to those two but at this time I’d like to invite Mr. Scott Risery who’s the, with ZRC, the design build team for Highway 212 to come forward and give the council and our citizens an update on the Highway 212 project. Scott Risery: Thank you Mr. Mayor and council. I’d like to give you a brief presentation on the project and where we’re at today. As you’re quite familiar with the corridor, we’ve got a… topography corridor, starting from Eden Prairie Road, going through County Road 147 through Carver. There’s a number of reconstructors. We’re the contractor for the State. The project cost about $238 million dollars. We’ve got 31 bridges, 7 interchanges, noise walls, some transit facilities and utilities that we’re constructing as part of this project. The interchanges, Eden Prairie Road, Dell Road, Highway 101, Powers, Highway 41, Engler and 147. We have several different areas of noise mitigation that we’ll be doing. The main noise mitigation option is going to be through berms. We will then proceed with noise wall where we don’t have the room for the berms and in most cases we’ll have a combination of berms and walls. The maximum wall height that we’ll have on this project is 20 feet. There will be some environmentally sensitive areas that we’re working in. We have some things that we do to stay out of these areas. We won’t work in the channel crossing during rainy seasons. We try to turn the ravines, instead of clearing and grubbing the entire way throughout, where possible we avoid streams. Working in the streams. And we have a big monitoring effort to make sure that we comply with our environmental protection procedures we have. We developed an environmental protection plan with the state to protect the area. Here’s a short video simulation that we developed for the project. Starting here with Dell Road. We’re approaching Riley Creek. 101 will be coming up pretty quick and stop it right about here where we get through Chanhassen. Whoops. Now we’ve got to start again. Before you start let me give them a brief introduction to the video. We developed a simulation for a proposal to help show our construction, how it’s going to impact the community. And what you see on the top is the existing and the bottom you’ll see it going through is the final condition when we’re done, and here starting at Eden Prairie Road and what we’re seeing, and it kind of goes pretty quick and we’ll stop it at 101 and Powers so you can see how it impacts the two interchanges in the city. Here we cross Riley Creek. And here comes 101 right here. Can’t stop it? Okay. And here comes to Powers. The new road, interchange at Powers which is the extension from Lyman all the way to Pioneer Trail. Unfortunately, there is a way to stop this. Sorry for the technical problem. Aileen Zimmer: Sorry, I can’t get it to stop so. Scott Risery: You know how to do that Paige? Paige Andrews: Ah no. Scott Risery: Okay. Sorry about that. Let’s just go through it one time and we’ll just let it run through and you can see, it goes the entire 12 miles and it’s only about 2 minutes long. On the white areas, those are sound walls that we’ll be looking throughout the corridor. The blue are ponds that we have to contain our water. And here we are going through 101 again and you’ll be 3 City Council Meeting – July 25, 2005 coming up, there’s Lyman. New bridge at Lyman. Here’s a new interchange at Powers which is an extension of Powers to Pioneer Trail. Going across Bluff Creek. Then across Pioneer Trail. And we’ve got quite a bit realignment of Pioneer Trail that we’ve got. You probably saw, some people weren’t aware, that was part of our project so. Working our way through Hundtermark and Highway 41 which is one of our big interchanges. East Chaska Creek. Bavarian. Working our way through. Coming up towards the tail end here, County Road 140 and the last interchange will be at 147, which was added at the very end of the proposal process, right here. And it’s going to end real quick as we die in back to existing 212. That’s the corridor. Wish we could stop it to show you more but let’s go ahead. Moving on to our schedule. We have until 2008 to complete this project. The plan though is to open the project in three different stages. We will open, working our way from the east to the west. We’ll open from Eden Prairie Road to Dell by the end of 2006. So that will be fully operational. The interchange of Dell Road will be open as well as a full interchange at Eden Prairie Road. By the end of 2007 we’ll open 101 and the Powers Boulevard interchanges, making those fully operational through Chanhassen. And in 2008 we will complete the rest of the project and open the entire project up for traffic. Some of the major milestones. This is a big earthwork job. We plan to have all the earthwork complete by the fall of 2007, which is a full year before the completion of the project which gives us plenty of time to allow for settlement of the roadway to take place before we do the final paving. We would have 6 bridges under construction this year, and 12 more under construction next year. We hope to have about 12 bridges actually complete in 2006. Got to update this slide. It says actually under construction. We should have 10 to 12 actually complete by the end of 2006. Work this year. We will start construction in late August. We’ll start clearing and grubbing down at Eden Prairie Road, working our way to the west. We will have all the way to Powers Boulevard under construction this season. The main gist of our work will be trying to get the new Powers Road extension from Lyman to Pioneer Trail. That will, you’ll see that work going on here this summer. We want to get that open by the end of next year, which will allow us then to work on Lyman and Audubon as. We’ve got to get Powers open and we’re allowed two closures on Lyman and Audubon for short periods of time. We’ve got to have that work complete before we actually do those closures. So we’ll start that work this summer. We’ll start the bridges right after Labor Day. One of the bigger operations you’ll see as well is, throughout the corridor, especially at 101 and Powers there’s a lot of muck areas. There’s areas with unsuitable material that we actually got to take out, and we’ll put sand back in those places. And a lot of that work’s going to happen over the winter. You don’t normally see roadway work in the winter but the muck removal, that’s the best time to do it because the material kind of freezes up a little bit and gives us the opportunity to get the material out, and you’ll see that happening over the winter. Back to the bridge construction for this year we’ll have Dell, the two bridges at Riley, 101, Lyman, Powers and Bluff Creek. The main branch under construction this year. Those will be the 6 primary bridges we have going. Hope to have those, except for Bluff Creek complete by the end of next year. Traffic impacts. Traffic impacts for Chanhassen will be mainly through 101 and Powers. We don’t have any major closures in the next year for those. We have for Lyman we’ll be building a bypass around. There’ll be a closure later on the following year. We’ll have, the other two on there are mainly for Eden Prairie and Chaska, which I’m not sure you guys are too concerned about. Trails. We will try to keep the trails open as long as we possibly can. We actually want to keep them open almost the entire way. There may be a day closure, a couple day closure while we do some temporary tie in but the plan is keep the trails open. There’s a couple of major ones that we’ve got one in Hennepin County that 4 City Council Meeting – July 25, 2005 we’re working with a detour on. Now to get a hold of us. We have several different ways that you can get a hold of us. The public can. We have a web site that right now you’ll go through MnDot, and we’re in the process of developing a special 212 web site that’s under construction right now that we’re working on. There’s a hotline number that we have. We will be sending out instruction flyers for upcoming events or when we’re going to be working in certain areas or doing closures. News releases and we have a series of public meetings that we’ve got scheduled next week. Open houses that we’re going to have in each of the three primary cities where we’ll, the public’s invited and we can come in and we can show them what’s going on and what’s going to be happening in their neighborhoods, when and where. The first one’s going to be in ndrd Chaska on the 2. They’ll proceed through Chanhassen on the 3 and then we’ll be in Eden thth Prairie on the 4. We have a ground breaking ceremony that’s scheduled for August 20. That will be open to the public. It will be at the Chaska Freshman Center from 11:00 to 2:00 where we’re going to have several special events. We’ll have a series of speakers and we’ll have a series of different community events that we’re going to have planned as well. If you have any questions I’ll be more than happy to answer anything you’ve got. Mayor Furlong: Thank you Mr. Risery. Questions. Councilman Lundquist: The construction that’s going to be going on starting this fall in those areas that, some of those are residential. Hours that you plan to work and have the earth moving going on. Scott Risery: Right now we are mandated, can no longer work from, oh excuse me. Only work from 7:00 to 7:00, Monday through Saturday, and that’s our plan. Mayor Furlong: Thank you. Other questions? Traffic flow, you talked a little bit about that but during the construction, keeping roads open, especially north/south roads. Maybe you can expand a little bit upon that. Scott Risery: We will keep all the roads open, with the exception, working our way, Eden Prairie Road stays open all the way throughout. Dell Road stays open all the way throughout. We get to 101, that’s built off line so 101 stays open. We get to Powers, there’ll be no closures on Powers as it is but we’ll be extending Powers down to Pioneer Trail. When we do the connection onto Pioneer Trail we’ll have about a one week closure on Pioneer Trail which we’re allowed to do by the contract, to do that tie in work. Lyman, the contract allows us to do a 3 month closure once we get Powers open to do the final work on there, but we’re building a bypass around, on Lyman to decrease that closure down to 2 months is where we’re at right now. Same thing with Bavaria. Bavaria we’ve got a 6 month closure we’re allowed. We’re going to move that down to 5. Audubon we were allowed a 3 month closure. We’ve got that down to 2 as well. Lyman will happen next year in 2006. Audubon should happen in 2007. Mayor Furlong: And what’s stretch of Audubon is that? Is that down on Pioneer or? Scott Risery: That’s down just south of Pioneer Trail. That’s where the corridor crosses just south of that. The school there. 5 City Council Meeting – July 25, 2005 Mayor Furlong: Okay. Alright. Any other questions? I guess the open house is again next week? Scott Risery: Next week. rd Mayor Furlong: August 3, Wednesday here in these council chambers. Scott Risery: I believe so, yes. Mayor Furlong: Right, so if residents have individual questions you’re certainly welcome to come to that. Scott Risery: Yeah, we’ll have a short presentation and then we’ll be open it up to question and an open forum that we can. Mayor Furlong: Excellent. Very good. Thank you. At this time I’d like to invite Mike Crist to come forward and make a presentation to the council. EAGLE SCOUT PROJECT, CURRY FARMS PARK, MIKE CRIST. Mike Crist: Mayor Furlong, City Council members. Other viewers. My name is Mike Crist. I live at 6501 Welsley Court and I’d like to build some benches and plant some trees at Curry Farms Park as my Eagle Scout project. As you probably know the park recently had an extreme makeover where they redid everything with new playground equipment and I got interested in helping with this project. Currently there’s a large area surrounding the playground equipment that you built and not very much shade there. These white circles are the existing trees. And for my project I’d like to put a bench here, next to the basketball court. One here next to this shady area and then plant 6 trees next to the playground. I’ll help to select the trees and order the benches from the manufacturer’s catalog and I’ll arrange for volunteer work crews to plant the trees and help install the benches. I have another photo here of the park. These yellow dots are where I’m planning to put the trees. These 6 dots here, and then there 2 dots that are over here, those are the basketball court. And I’m asking that the city fund the purchase of the 8 trees to be placed around the park as shown. And I’m also asking that the city cover the costs of one bench, which is probably going to be about $350. I will cover the cost of the other bench through other donations and through my own fundraising. I got some cost estimates for the trees and benches but I haven’t really talked it over enough with Mr. Hoffman so I don’t really know the exact cost figures. I’d be happy to answer any questions about my project and I’m looking forward to working on it. Mayor Furlong: Very good, thank you. Appreciate your initiative in coming forward with this. Mike Crist: Thank you. Mayor Furlong: I guess at this point are there any questions on this project, either for Mike or for staff. 6 City Council Meeting – July 25, 2005 Councilman Lundquist: Mike, when do you plan to start or when would you plan to start and what would the duration be? th Mike Crist: I’m planning to start like on September 24, or around then. And if it rains, I might schedule it to around the first of October. And I’m planning to work like about, 6. Have our guys work about 6 hours. I’m going to organize of work crew of some of my fellow scouts and other volunteers. We’re going to work about 6 hours on this project. Mayor Furlong: Mr. Hoffman, from a, one from a budget standpoint, in terms of the funds. Do we have them budgeted? Is that correct? Todd Hoffman: On an annual basis we allocate what we call bench or Eagle Scout money for Eagle Scout projects, and annually we complete a couple of these per year and so Mike’s done a wonderful job with his presentation. And he’s one of the few scouts that is actually going out and raising cash on his own so I compliment him for that as well. Mayor Furlong: Excellent. Any other questions? Well I guess from my standpoint, again thank you for your initiative and appreciate the level of work you’ve done already in scouting to be at this point in your advancement career and know that you’re going to have some work to do but this certainly sounds like a very worthwhile project, not only to the city but a good one from an Eagle Scout standpoint. So at this point I guess I’d ask if there’s any discussion or a motion from the council in terms of approving Mike’s request. Councilman Lundquist: Mr. Mayor, a quick point. Mike I would also echo the mayor’s sentiments. As an Eagle Scout myself I know these are difficult to come by. Mike Crist: Oh you’re an Eagle Scout? I didn’t know that. Councilman Lundquist: So I’m strongly in favor of your proposal. You’ve already put a ton of work into this and look forward to the benefits to the city and everything else. Would move that the City Council support Mr. Crist’s request for trees and a bench and the work plan as laid out to put those in at Curry Farms Park. Mike Crist: Thanks. Mayor Furlong: Thank you. Is there a second? Councilwoman Tjornhom: I’ll second that. Mayor Furlong: Very good. Is there any discussion on that motion? Councilman Lundquist moved, Councilwoman Tjornhom seconded that the City Council approve to purchase trees and one bench for Curry Farms Park as requested by Mike Crist for his Eagle Scout project. All voted in favor and the motion carried unanimously with a vote of 5 to 0. 7 City Council Meeting – July 25, 2005 Mayor Furlong: We’re still within visitor presentations. If anyone else would like to come forward and make a presentation to the council or discussion some issue, they’re invited to do so at this time. If not we welcome people every meeting to come forward during visitor presentations so we’ll close visitor presentations for this evening and move on with the rest of our agenda. LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE. Sgt. Jim Olson: Thank you and good evening. This month I have the sheriff’s office area report for the month of June. The area citation list for the month of June, the community service officer report for June, and also a copy of a couple of crime alerts that were put by Crime Prevention Officer Beth Hoiseth. I also have a couple other items that I’d like to talk to the council about. For our monthly numbers, the total calls for service were up by 201 for the month of June. The criminal calls themselves were down by 5, which is a good thing for the month as compared to June of last year. And total calls for year to date are down by 21. The thefts were down by 1 for the month, and for the year they’re down by 39 and property damage is up by 6 over last year and the year to date they’re up by 17. One of the big things with the calls for service being up by 201 where traffic stops were up by 164 for the month of June alone, and they’re up by 156 for the year. And citations for June were 297, and that’s up by 119 for the month and then for year th to date it’s up by 179. Chanhassen is now at full strength with 12 deputies as of June 25 I think is when we went to full strength, plus myself working in the city, and they’ve been doing extensive enforcement at Powers, at Pleasant View and at Kerber for violators passing on the right in the turn lane there. We’ve had a lot of reports of near misses with both vehicles and pedestrians at those two intersections. We’ve had new signage that has been put up there with, and signage states that the right lane must turn right and then we’ve also put flags on the post to try to draw attention for people at those intersections. Vehicles cannot pass on the right and in turn lanes at any intersections at all. We’re still having a number of violators but we’ve been doing a lot of enforcement there. Any questions on monthly numbers at all? For the month of June. Mayor Furlong: Questions for the Sergeant? Councilman Lundquist: Sergeant Olson, looking at, on the criminal numbers for the month versus last year. Drug violations, more than a two fold increase. Is that an enforcement initiative from the sheriff’s office as a whole, or just more occurrences or what’s, any thoughts on that? Sgt. Jim Olson: Our task force has been very active, not only just in the city but county wide, and we’ve had a number of searches and so on in the city involving the task force, as well as just the routine patrol and traffic stops. Interaction with deputies with individuals has also contributed to that. Councilman Lundquist: And then the theft related category, do those kind of, theft related, theft vehicle, theft, I mean if you put all those all together they’re down substantially over last year but that one category shows, is that more of a classification thing than anything? 8 City Council Meeting – July 25, 2005 Sgt. Jim Olson: The theft related involves forgeries, identity theft, those types of crimes and they have been up this year. Chanhassen, county wide, nation wide. It has been up substantially. Councilman Lundquist: And I think Mr. Ayotte’s probably at home smiling as he hears the traffic citation numbers. Sgt. Jim Olson: They have been hitting that very, very hard. I’ve had a lot of positive comments regarding the unmarked traffic car of the city. The unmarked aspect of it has certainly been an advantage for us. Just the other day Deputy Walgrave had a vehicle pass him oh about 30 miles an hour over the speed limit, and they never knew it was an officer until he turned his lights on of course. But then he realized it very quickly so, but that has been a good thing for that unmarked, and he’s been all over the city. And has done a lot of good work, so. Councilman Lundquist: Do you ever get any comments about that unmarked versus say the highway patrol that has their requirements to have at least a placard on the door or anything like that? Sgt. Jim Olson: And our unmarked also has a placard on the door. We do need to have that. The highway patrol’s unmarked is a Crown Victoria so it looks a little bit more like a police car versus the one that we’re using, which is a Lumina but it does have the placard and the lights and so on. Mayor Furlong: That would be a green one, right? Dark, dark green. Sgt. Jim Olson: Yeah, green pick up truck actually. I also wanted to share for a moment something that actually just read about in the paper yesterday. That the State has passed a new law regarding motorized electric and gas operated scooters. I’ve done a little bit of research and st as of August 1, according to this new state law, these scooters will be legal for children 12 and over to operate on the streets. The operators need to wear a helmet but do not need to be licensed, and the scooters that are legal cannot be capable of going over 15 miles per hour or the wheels, and the wheels must be smaller than 10 inches in diameter. Staff will be looking into this and possible making some recommendations to council for future action, but we’ll be taking a look at it and see if there’s something we should be doing with that. There’s been a few cities apparently that have done some local ordinances to outlaw those from their streets so, we’ll take a look and come back to you with something. Any other questions for the sheriff’s office or myself? Mayor Furlong: Any questions? Very good, thank you. Sgt. Jim Olson: Thank you. Have a nice evening. Mayor Furlong: Thank you. Also with us this evening is Chief Greg Geske. Welcome Chief Geske. Chief Gregg Geske: Good evening Mayor, council. Basically in our numbers were also up since the last report we gave. Had a very busy June and also into July. As reported we did have a 9 City Council Meeting – July 25, 2005 couple fires that were related to fireworks. Luckily they were only grass fires so we were able to put those out and really no damage to any property or anything. New hires that we did take on will be starting their fire fighter training and it’s really nice to see the excitement. There’s a lot of excitement in the new hires that we have so it’s refreshing bringing those in and look forward to the, and the grueling year that they’re going to have going through all the classes that they take so, excited about that. As you can see coming by the station we do have a new apron that’s in the process of being put in. It’s a little hard for us because we always have to get trucks out of the station so they were able to do half and then next week they’ll do the other half so we’re staging some of our trucks at other locations in the city to enable us to respond to calls still. We can never be closed of course but, so that’s something we’re working through right now. Has been a rash of, as you saw in the report also Port-a-Potty fires so hopefully we haven’t had a couple of those for a couple of weeks but I know they did have problems with also in Eden Prairie with playground equipment and we did have one fire in playground area too. Working on the budget for 2006 and also we put up a sign up sheet for National Night Out and we had that filled rather quickly so that’s a good night for us. We enjoy going out that night too and the good public relations too for us. Are there any questions? Mayor Furlong: Questions for the Chief. Okay, very good. Thank you. Chief Gregg Geske: Have a good night. Mayor Furlong: Thank you. PUBLIC HEARING: REQUEST FOR VACATION OF UTILITY AND DRAINAGE EASEMENTS LOCATED ON LOTS 8 & 9, BLOCK 2, WALNUT GROVE, 7571 WALNUT CURVE, VACATION FILE NO. 05-02. Paul Oehme: Thank you Mayor, City Council members. The area in question is shown on this drawing here. It’s basically two lots currently and the lots are just off of Walnut Curve, just east of Galpin and north of Trunk Highway 5. The two lots are shown here as Lots 8 and 9. The applicant currently lives at 7571 Walnut Curve and that’s this property right here. This house. The easements vacation request is in conjunction with the lot split and also is proposed to eliminate a structural encroachment onto Lot 9, which is currently at this location here. This is this line right here represents the current location of the property line. The area in blue is showing the easements requested to be vacated, and the new property line will be established at this location in the dark black line and new drainage and utility easements are shown here in pink. So the proposed lot split combination will also bring the house on Lot 9 into conformance with side yard setback requirements. The proposed lot division in combination with the creation of Lots A and B, and again this is Lot B and Lot A is shown here. The existing house will be within Lot B. 5 foot wide side, drainage and utility easement will be dedicated along the east side of Lot A and along the west side of Lot B. Staff has no record of any public utilities or private utilities within the proposed easement vacation. Any proposed house on Lot A must meet minimum setback and other pertinent requirements stipulated in the zoning ordinance. At this time I stand for questions and I recommend that a public hearing be open at this time and the applicant is here as well. 10 City Council Meeting – July 25, 2005 Mayor Furlong: Thank you. Questions for staff. Just one Mr. Oehme, if you could put that, or maybe just get the picture back up with your blue and pink. The blue and pink cross on the, at the top of that picture, is that correct? Paul Oehme: Yeah. Mayor Furlong: So, and I think by your statement while we’re vacating the current, we’re going to re-establish 5 feet on each side of the new, all the way from the front to the back. Paul Oehme: That’s correct. Mayor Furlong: Thank you. Just to clarify. Very good. I see Mr. Lillehaug is here as the applicant. Anything you’d like to discuss with council? Good evening. Steve Lillehaug: Mr. Mayor, council members. Thank you for your time this evening. I think I can just make this short and sweet. I could go into a whole convoluted path on the 2 ½ years it took me to get here but you don’t want to hear that. I do want to thank staff for some of the negativity, or not thank them for that but I directed some negativity towards them and I want to thank them for dealing with it over the past couple years. Kate, Justin, thank you. I think it stands for itself. I need this property to make my house whole that I currently live in right now and that’s the bottom line. Mayor Furlong: Very good, thank you. Any questions? Okay, no? This is a public hearing. I’d like to open it at this time and invite any interested parties to come forward to discuss this matter with the council. If anybody wants to come forward, this would be the time. Otherwise we will close the public hearing. Seeing nobody then we’ll close the public hearing and bring it back to council for discussion. Is there any discussion on this matter? Hearing none, is there a motion to approve the request? Councilman Peterson: So moved. Councilman Labatt: Second. Mayor Furlong: Made and seconded. Any discussion on the motion? Hearing none, proceed with the vote. Resolution#2005-64: Councilman Peterson moved, Councilman Labatt seconded that the City Council approve Vacation of Drainage and Utility Easements for Lots 8 and 9, Block 2, Walnut Grove, Vacation File No. 05-02. All voted in favor and the motion carried unanimously with a vote of 5 to 0. PUBLIC HEARING: REQUEST FOR A METES AND BOUNDS SUBDIVISION OF LOT 2, BLOCK 1, FRONTIER THIRD ADDITION INTO TWO PARCELS, APPLICANT, CHARLES STINSON, PLANNING CASE NO. 05-21. Public Present: 11 City Council Meeting – July 25, 2005 Name Address Charles Stinson 18304 Minnetonka Boulevard, Deephaven John & Genell Lemley 7523 Frontier Trail Ralph Burrell 7555 Frontier Trail Theresa Watt 7423 Frontier Trail Dave Howe 400 Santa Fe Trail Tom Manarin 7552 Great Plains Boulevard Kate Aanenson: In September, 2003 the City Council approved a subdivision of Frontier Third Addition. At that time there was two lots that were approved. If you follow this blue line, that was one lot and the black was the second lot. Right now the request is for splitting the one lot. The lot had not been recorded. It’s in the process of being recorded, that subdivision. There was some title issues and, on that. I just want to give a little bit of background on that subdivision because it did access via Great Plains, which serves a private drive for the one lot to the north. This doesn’t show the lot but the original one to the north. And then access via a public street to the south. There was talk of vacating a portion of that street, but this private drive serves 1, 2 and then the one home to the north, 3. In reviewing these staff always tries to anticipate some additional subdivisions that may occur. Current ordinance allows up to 4 homes off of a private street, so if this gentleman did choose to further subdivide he could access via the public street. So with that, that brings us forward to the proposal in front of you today which is the split of the most southerly two lots. Access to the new lot would be off of a public street. It is a metes and bounds subdivision which by City Council rules you are allowed to have a public hearing at the City Council because it meets all the requirements of the subdivision as far as lot width and size, and it has access to either a public or a private street. In this circumstance it does access via a public street. So again it meets all the requirements of lot width, area and the like, so with that the remaining parcel too, that would also meet all the requirements of the city ordinance so with that staff is recommending approval of the conditions of subdividing it. One of the conditions is that this wouldn’t be executed until the other one’s almost recorded, and that’s executed. So that would be. Mayor Furlong: So once the original subdivision is recorded, then this one would follow. Kate Aanenson: That’s correct. With that I’d be happy to answer any questions. Mayor Furlong: Thank you. Questions for staff. Councilman Lundquist: Kate, just for clarification then. The west lot there would still come off of the private drive and the east lot comes off of Frontier trail. Kate Aanenson: Yeah. Let me just clarify. It appears that that’s coming off of a private drive but the original interpretation is this is still a portion of a public street so this is still coming off of a public street. Councilman Lundquist: So that would be a driveway off of Great Plains? 12 City Council Meeting – July 25, 2005 Kate Aanenson: Yeah, this one’s coming off the private drive. The one to the north, so then this would come off of a public street. Councilman Lundquist: Okay. So that driveway for that west lot is still considered a driveway off of Great Plains? Kate Aanenson: That’s correct. That was the original interpretation. When this came in before it did require a variance because it was a double fronted lot. Now it’s not a double fronted lot. But it was granted a variance at that time. Councilman Peterson: So going back to your first picture Kate, the 4 houses. Councilman Lundquist: The aerial view. Councilman Peterson: Yeah, the aerial view. Point out the 4 and the potential. Kate Aanenson: Sure. So this would be the public street. If we were to split this through here, can you see my red line? This lot to the north comes off of a private common platted drive. That common drive also serves this home and this home. So this lot is large enough, it could be further subdivided. They could also come off that private street. This lot comes off of a public street and when we split this, this also would come off of a public street. So there’s no variances. Councilman Peterson: So the one up to the northeast is off of Frontier, right? Kate Aanenson: That’s correct. Councilman Lundquist: So if they wanted to divide the north lot they could come off of Frontier Trail as well. Kate Aanenson: This one probably wouldn’t because of the bluff but this one probably wouldn’t be further subdivided, yeah. That’s, maybe we should back to this. There’s some bluffs there, but there is a potential for further subdivision in that area. So all the lots do meet, but this one that’s being subdivided, because it has access via public or private does meet the requirements of subdivision requirements. Councilman Lundquist: And we’re not backing ourselves into a corner down the road? Kate Aanenson: No. Again, trying to provide additional subdivision access to somebody else in that area that may want to subdivide. Mayor Furlong: Currently the subject lot here, the southern lot is accessed via a driveway off of Frontier Trail? Kate Aanenson: These two lots. 13 City Council Meeting – July 25, 2005 Mayor Furlong: Or not off Frontier, excuse me. Great Plains. Kate Aanenson: Yes, correct. Mayor Furlong: Right. The private street issue is an issue for the lot to the north and the 3 north of that. Kate Aanenson: Yeah. Maybe I can show it just a little bit more clearly on this, it’s, where there’s circuitous, there’s an existing home that comes off right here. This portion right here is still a public street and then it splits to the private drive which would serve the one home to the north that was originally approved, and then there was going to be one here that would come off the public street. Mayor Furlong: So that’s public right-of-way, that stub out there? Kate Aanenson: That was our interpretation that it’s access via public street. As with the new lot also come off of a public street. So this is the only part that’s changing off of Frontier Trail. Mayor Furlong: Okay. Other questions for staff. Storm water. Storm water management. There’s some issues there. This is an area of town that has some challenges and we have some slopes here so can you explain a little bit about some of the things we’re trying to do. Kate Aanenson: Sure. This area drains back towards the Frontier Trail Association beachlot. So this would be the two lots, and then this lot. It’s going back and this is one that we’re working with the association to provide additional ponding on their, in negotiations with that. So this will not go past the Frontier Trail. That’s where it’s currently going. So it wouldn’t increase. Or go any differently. Mayor Furlong: Okay. Thank you. It looked like in the conditions we’re also requiring some mitigation in terms of rip rap and other, on this lot as well. Kate Aanenson: To direct the water. Mayor Furlong: To direct and slow the flow. Okay. Todd Gerhardt: Mr. Mayor, may I? Kate, do you have this drawing here? Kate Aanenson: Yes. Todd Gerhardt: Can you explain the road right-of-way where it abuts the private property so that it’s not taking a driveway, private driveway, then to the street. There’s not a gap inbetween there. Kate Aanenson: Yeah. That was what I was trying to show on the other one. Todd Gerhardt: Yeah, but it didn’t show up very well. 14 City Council Meeting – July 25, 2005 Kate Aanenson: So this is. Mayor Furlong: Can you zoom in on that please? Kate Aanenson: This is the end of that area that I was showing. It’s a little bit off center, but this is accessing, this is the lot that’s the subject site that’s in for a split so the lot behind accessed via this line, which is the private drive which serves this property and this property. Again there’s enough that that lot may be subdivided in the future. So this one’s coming back the public street to this lot and the new lot that’s being split will have access via Frontier Trail. Councilman Lundquist: So the public street abuts that private property line on that southwestern lot. Kate Aanenson: That’s correct, so both of them have access via a public street. Although metes and bound subdivision as per our city code does say whether it’s public or private street, can be a metes and bound as long as they have the required width and area and meet all the other conditions of the subdivision ordinance which the new lot does. Mayor Furlong: You said the new lot does meet? Kate Aanenson: All the lot area and frontage requirements, that’s correct. And that’s, otherwise it would have gone to the Planning Commission if it needed relief from any of those criteria. Mayor Furlong: From a variance standpoint. Kate Aanenson: For a one lot split. Mayor Furlong: So even the bluff, or most of the time the. Kate Aanenson: From the other lot. Mayor Furlong: Some of it, or some of the setback from the bluff extends into this southern lot. Kate Aanenson: That’s correct. Mayor Furlong: Okay. And any, there’s no relief from that bluff setback. Kate Aanenson: No. So when they come in they’ll have to put that on their survey line to show the home placement plan. That would be the only thing that we’d review. Again this is just a representation. When they come in to pull the building permit they will show that on the survey of the building permit and the home location and we’ll check that. Mayor Furlong: Okay. Thank you. Any other questions for staff at this time? If not is the applicant here? Is there any information you’d like to share with the council this evening? 15 City Council Meeting – July 25, 2005 Charles Stinson: My name is Charles Stinson. I’m an architect and done a lot of homes in the neighborhood here. I was approached by the previous owner on several occasions about purchasing the property and when I realized he was going to put it on the open market I went to the city and researched it to determine if it was subdividable and indeed it was so at that point we purchased the property and just now are getting around to it so. We do, I think you had a copy, I just received a copy from the President of the Frontier Trail Association in support of the project so we’ve been working here for 12 years in the neighborhood and our goal is to do a great job and be an example of how development can happen to save trees and plant new trees and put architecture that’s in a reasonable scale to the property. And I also just want to say you know been working again with the city 12 years and Chanhassen has been great to work with. Great staff and very professional and if you have any more questions I’m here. Mayor Furlong: Thank you. Any questions for Mr. Stinson? Very good, thank you. We will have a public hearing. There is a public hearing for this item so at this time I’d like to open the public hearing and invite any interested parties to come forward and address this matter to the council. John Lemley: Good evening Mayor and members of the council. My name is John Lemley. I live at 7523 Frontier Trail. We received first notice of this with the mailing of the notice. It happened to come at a time when we were on vacation. Have not had a chance to really discuss it much with the neighbors but we do have some of them here. Other neighbors have been on vacation at the same time. Now Mr. Stinson has said that he has received the Frontier association’s approval letter but no one else has been even notified. Kate Aanenson: Let me clarify that. He, the President dropped it off. Said he was not representing the association. John Lemley: Okay, okay. Of all the people I’ve talked to, no one has been talked to or had this whole plan discussed with them in the area. By Mr. Stinson. This was also the case when we did the quote unquote Second Addition. Now I live in the, what is the initial addition which was supposed to be the only addition. It was supposed to be a 9 lot unique subdivision. Architecturally unique subdivision. Since that point the owner of Lot 5, when they came to purchase their lot, I inquired both at the city and with the builder about whether or not the Second Addition, or what is now known as the Second Addition, didn’t think it’d ever happen there and they were assured because of the lots, bluff lines, all that, that nothing could happen there. So with that we know now that it’s been approved and we’ve added 3 more driveways onto that lot. It was never discussed with any of us in that. And I’m trying to give you a little bit of background here to, give you a feeling of why I would recommend that you turn this down. In putting together or starting to implement the infrastructure, modifications were needed for that second addition. Access was taken to get back in there through the private drive of Frontier Trail. That accesses Lots 3, 4 and 5. Nobody was ever contacted about accessing through that, and in fact trees on Lot 5 were taken down. Numerous trees were taken down on Lot 5. Even after being requested by the owner of Lot 5, who couldn’t be here tonight, the workers continued to work that particular lot, and then putting in the infrastructure improvements. Now we come to this particular, or this particular subdivision. And you’ll hear from some people here tonight that have inquired about the same lot in which they were told that that lot could not be subdivided. 16 City Council Meeting – July 25, 2005 And now it is determined that it can be subdivided, so when we initially went into, or we. The owners of Lot 3 who were the initial owners of the 9 acre parcel which is now known as, where this subdivision or the first addition, they went out and actually had neighborhood meetings. Had two neighborhood meetings in which they actually brought the neighborhood in. Discussed what they’re going to do. Let them go back. Contemplate what was going to happen. Have them come back and give their opinions on what was going to happen. None of this has ever occurred with either, what is now known as the Second Addition of Frontier, or now what is being called the Third Addition. What is also not being taken into consideration is that we’ve added now 4 new driveways onto, with the subdivision of those lot that now consist of the third, plus the new house that was just built across the street from our private drive. Plus we’re going to be adding this, plus there are other houses that are now looking to subdivide and build multiple houses. I don’t know if any of you have ever say and watched that bend there. It is very difficult, especially for people that live there, to get out of your driveway. You can look one way. You can look another way, and as you’re starting to pull out, someone is flying around at 40 miles an hour. And that is not only dangerous for kids, but just the other night I almost got hit in my car and on numerous occasions have almost got hit going around there with me on my bike. So at this point I would like to recommend that you deny this subdivision. That Mr. Stinson be required to discuss his plans with the rest of the neighborhood. That appropriate measures be taken to correct or to address the traffic situation that is being created there because as you look at what’s happened along that street, everybody’s got big lots. They’re seeing what’s happened, and don’t get me wrong. I love what Mr. Stinson does. We have a Stinson home, okay. But what it’s creating is a situation that is becoming more and more dangerous. It is not what people bought into. There are a number of issues that just need to be addressed. We need to address the traffic issue. Maybe putting a speed bump. Those types of things. We’re also concerned about the trees. The initial subdivision went through because everything was coming off the top there. That would be the trees, the nature of what you saw coming down that road. That’s all natural. We bring in a driveway now from Frontier, that’s going to come down. The most recent example is the most recent house that was built there. All those trees came down. It’s cleared off and it is now just wild flowers growing there. So I guess at this point I would recommend that the city deny approval of this. Number two, with respect to the drainage, I have a real concern about the drainage. With the building of the first addition, there was not adequate fencing put up to repel the accumulation of silt in that creek way that runs, that takes the runoff water down to Lotus Lake. Now with the addition of that Addition, the Second Addition and…over the winter, there’s been accumulation of silt that now we have ponds that accumulate. The ducks will actually land in. And the fear is that trees will die. We had a similar situation in the First Addition, and I hate to call it that because again it was supposed to be the only Addition, but the driveways, the way it was built, they’re not adequately put in there or put in there correctly so that the driveway went down on, and killed a 100 year old oak tree, which was not the expense of the developer. It was not expense of Mr. Stinson. It was expense of the homeowner. Us. And that you know 100 year old oak tree, aside from the monetary expense, which is significant, but the character of that kind of a tree is something that can’t be replaced. And if we’re going to be, continue to approve this and look at the drainage, he’s got to continue to finish, whether it be him or his builder partner, to finish what they’ve started. And I guess the biggest disappointment, the lack of communication. No communication at all. And I guess with that I’ll leave it to others that are here to talk. Thank you very much. 17 City Council Meeting – July 25, 2005 Mayor Furlong: Thank you. Ralph Burrell: Mr. Mayor, council members. Again my name is Ralph Burrell. I live at 7555 Frontier Trail. I’m a neighbor of John Lemley. I would like to echo a couple of points that I just wanted to reiterate on this particular project. We’re the third lot to buy in this particular subdivision, which is now subdivision one, which is disappointing because it sounds like we have a bunch of tract houses down here. Subdivision 1. Subdivision 2. Subdivision 3. To my understanding Frontier Trail was the owners of the first 9 lots and not the next 4 lots and the next 3 lots. So first thing I’d like to see is this is no longer called Frontier Trail Subdivision 2 or Lot 3 or whatever it happens to be. Secondly I’d like to talk about the drainage. My lot is sitting on and right now the way the drainage with all the silt that is built up in the original natural drainage coming off of the hills there, is just ponds in my back yard and I’m starting to lose my trees, as John indicated. Especially with all the hard rain we’ve had, it just does not drain. There is just a huge silt pond built back there, so I view that as the responsibility of probably the builder more than it is Mr. Stinson. And like John I appreciate what Mr. Stinson does, but I think too many of these things are done in a vacuum these days. I think some of the things miscommunication, and I’m glad, thank you for clarifying that to us, is not in the best interest of the homeowners that have existed there. What we were told was going to happen to all these lots was, I know the nature of the business, things change. Opportunities present themselves but it’s disappointing when we don’t have a say. Now we, the last time Mr. Stinson was here we approved his lot across the street, which would be the first house in Subdivision 3 I suspect that is now. And that was fine. Nice homeowners there. But again too many things are done in vacuum. I think Mr. Stinson has just taken upon himself, thinking that he can do what he wants here. I think he pretty much gets rubber stamped sometimes from the city as to what he can do, and there is no communication back and forth, so like Mr. Lemley I would suggest that we disapprove his request for splitting this lot. Thank you. Mayor Furlong: Thank you. Good evening. Terry Watt: Good evening. I’m Terry Watt. I live at 7423 Frontier Trail. The summer of 2003 I decided to buy a home in Chanhassen and I went door to door passing out flyers saying would you like to sell your house. I’d like to buy it maybe. So I went around the neighborhood, because this is an area I really wanted to live in and I went and looked at the school systems here. I looked at the area and it was very much similar to a home area that I lived in when I was growing up, so I wanted to live in Chanhassen and I chose Chanhassen for the school system and the area that you’ve established here. In the summer of 2003 I looked at a house at the end of Great Plains, 7554 which butts up against this area that we’re talking about, and I also looked at a house at 7520 Frontier Trail. I came into City Hall and I asked to speak with somebody about the plan for that area, and I was specifically told that they could not build on the area adjacent to 7554 Great Plains because it did not have public access to that area. And then as I walked over and looked at the bluff area there that’s adjacent to Frontier Trail I was specifically told by people here in City Hall, that the lady I spoke with, that they could not build anything there because it was a natural bluff and they could not build into a natural bluff. So I did not even consider buying, I would not have even considered buying these homes had that been wanting to be subdivided or had I known that that was going to be subdivided. And if I remember correctly she said September of 2003 they decided to subdivide that, so the summer of 2003 when I was 18 City Council Meeting – July 25, 2005 buying my home, I wouldn’t have even considered buying either one of these 2 homes if I knew that that was going to be subdivided. And that these homes were going to be so close to this and one was on a natural bluff, and one had no access I was told to the city street. Also I did purchase a home though on Frontier Trail at 7423 and I kind of want to piggy back, that area is really, really well traveled and the higher speeds there, I have to walk my kids across the street to play with their friends because when you’re coming around that corner, you cannot see around that corner and the speeds that these people go back and forth on Frontier Trail there are dangerous to my children. And are dangerous to the children in and around that area. Mr. Stinson’s a very gifted man. I’ve seen his homes and they’re very beautiful but I think we need to do something to maybe curb the amount of building that’s being built there. Thank you. Mayor Furlong: Okay, thank you. Dave Howe: Mayor and Council, my name is Dave Howe. I live at 400 Santa Fe Trail. I’d like to refer to this picture. My house is just at the edge of this access here, right at the beginning of Western Hills, and we just moved here last summer. One of the things we really loved about the house was looking at the woods over there, where you’re talking about putting a couple houses. The other thing that I don’t think was really honestly told to you was, that’s not a road. That is not a road. There’s a little circle there. That’s not like a straight road like that picture is drawn at all. It is not like that. You can drive down there and look at it. There’s a little circle there. And the private drive goes off of that circle. There is no road going in like that at all. There’s just a circle there. That’s an abandoned roadway. And when they improved Santa Fe Trail last summer they didn’t go into there because, at all, even into the circle. That’s an abandoned roadway, so that was not honestly told. My other concern is if you put, I love those houses on Frontier Trail. They’re really awesome but I’m concerned about pulling one up on the hill and a big architectural mismatch between Western Hills and this high design house. I just think it will kind of look odd. So I’m concerned about that. So those are my concerns. Thank you. Mayor Furlong: Okay, thank you. Is there anybody else who would like to speak at the public hearing here? Any responses at this point Ms. Aanenson on some of the issues raised? Kate Aanenson: Sure. There is a bluff in the area, and that is shown on this most northerly lot. If you look on, I’ll go back to that end portion of it as you mentioned, falls onto the proposed new lot, so nothing can be built onto the proposed new lot. So nothing can be built on this northern part. It is a bluff. Mayor Furlong: Why don’t you zoom out of that one, if that’s. Could you show us where the bluff is? Kate Aanenson: Sure. So this would be the bluff right here. So a portion of that bluff does fall into this lot. As I indicated when this home comes in for a building permit they’ll have to show the lot, the bluff line and the setback from the bluff itself. So you cannot build on a 30% slope. This does meet that definition, that’s why this house is sitting here and that’s where the majority of the trees are in this area. There is a requirement for tree canopy and tree removal. Again there’s a 55% and the applicant is at the 57%. Again working to preserve again the majority of the trees in this area being preserved. The driveway is being located in this portion, the most 19 City Council Meeting – July 25, 2005 southern portion of the lot. Again the trees, the majority of the trees being up in this area there. As far as the public street, there were conditions. Again the original plat that is being recorded has the two lots or conditions regarding improvement of that public street. That’d go with the first plat. So that will be upgraded. It wasn’t the developer’s responsibility for that, and that would be with this lot when that one gets built. That home. That would be covered with that. And executed and secured with the first plat. As far as whether or not there’s going to be second or third additions, I’ve never had that question before and limiting somebody to say you cannot provide additional style homes, that question hasn’t been arisen before. Someone pursuing, wanting to be in the neighborhood and continuing to expand. I’m not sure how to answer that question, so again it does meet the ordinance requirements as far as the further subdivision so. Mayor Furlong: Okay. Thank you. Any follow up questions to staff at this point? If not, is there any, before we move too far on here. Are there any new comments from a public hearing standpoint? People that have not spoken. Tom Manarin: I’m Tom Manarin at 7552 Great Plains Boulevard. I am two-thirds owner of the private drive that came up in question earlier and you know it’s not a matter of whether or not this meets the criteria’s for separating this and whether it’s subdivision 3, 2 or 1. I guess my question is, which I have not obtained a good explanation. I would say for at least 2 years, that’s pretty close isn’t it Kate, that we worked on at least 6 different drawings. You had at least 3 didn’t you Charles for driveways going in. And the driveways that I’m talking about was coming off of Santa Fe. The whole reason was is because initially there was a proposal for the 3 lots. One of the lots would cross our private drive. I said I wanted the option in the future to be able to subdivide. At that point in time is when everything else materialized to where we had all kinds of different drawings. Moving driveways. Changing cul-de-sacs. Going to bubbles. Hammer handle, that is currently approved, which there again it was my understanding that in the city’s eyes it’s a non-conforming but we’re just cleaning up what was there. All to gain access to this lot because there was no other way of gaining access. Now all of a sudden there’s another access off of Frontier. Why did we go through all the rigmarole and stop vacation of the old road bed at our property to allow them to come in through the public road. And that’s what I don’t understand. Because everywhere around everybody gained land except for myself and the other owner that owns the third. And the reason, my understanding again was the city would not land lock that parcel, and by vacating it past our property and not, in other words going all the way out instead of stopping where our property is, that would land lock them. Doesn’t look to me as if it was landlocked if you can come off of Frontier. Okay, that’s all I have. Thank you. Mayor Furlong: Okay, thank you. Comments. Or response. Kate Aanenson: Yeah, there was a drainage and utility easement through this right here. It was determined that that probably wouldn’t be the best way, even in the back parcel where we’ve got the private street, and I’ll go back to this gentleman’s lot which is right here. Even if you came down so to further subdivide that, it’s going to require a variance because of the shape and the current private drive. There’s no other way to get a public street, because our ordinances say 90 feet of fronting on a public street. So it would come off of a private drive, whether it go this way or that way. So in looking at the original analysis of what were the best ways, whether it was two lots, it was determined that for this lot to come off here, and the second lot to come off the 20 City Council Meeting – July 25, 2005 private street, because in doing the public bubble, and that was what he was talking about, we looked at putting a cul-de-sac, always our first choice is to try to access it via public street. So it was numerous iterations of looking at what’s the best way without, and the gentleman spoke to not consuming some of his property too and providing the best access. So that goes back to the underlying two lot plat, which this is included in. So that decision was made, the best way to service it is to continue to allow for additional split, which would require a variance. To come off that private drive and go back out to Great Plains or Santa Vera. Mayor Furlong: Okay. Kate Aanenson: So what I’m saying is whether there’s a public street here or not it doesn’t reconcile the requirement for the variance on that other lot. Mayor Furlong: Okay. Thank you. Is there anybody else that would like to speak at the public hearing? That hasn’t spoken yet, or had an opportunity. No? If not then without objection I’ll close the public hearing and we will bring it back to council for additional questions of staff, if there are any. Kate, one of the issues raised was with regard to public meeting, public notice, and maybe this is as much a question for Roger. Periodically we have open houses, we have neighborhood information. Is that necessarily required as part of our ordinance? To do that or is this the notification… Kate Aanenson: This was the notification. Mayor Furlong: For this hearing. That’s a public meeting. Kate Aanenson: That’s correct. Mayor Furlong: With regard to continued subdivision of these two lots, obviously the southern one is the one that we’re dealing with tonight. The northern one, given the location of that bluff, would you envision that it could be subdivided without a variance on the bluff? Kate Aanenson: Without a variance, no. I wouldn’t envision that. As our current ordinance stands today, it would require a variance. Mayor Furlong: Alright. Okay. Okay, any other questions of staff? If not I’ll bring it to council for discussion. Thoughts. Ladies and gentlemen. Councilman Peterson: Mr. Mayor I think historically my views on subdividing lots are pretty clear in that I’d like to minimize that throughout the city and…my reasons that the residents primarily don’t, most of them don’t want smaller lots. They moved out here for larger lots and more trees and so I generally look for ways to minimize subdivisions and as I look at this, they meet the legal requirements of the subdivision and I can’t, other than just being totally out of our ordinance and saying no, I can’t see a reason why we can legitimately and legally deny this subdivision. I mean they aren’t asking for variances. They meet everything. It’s not really about interpretation. It’s pretty straight forward that I don’t think we have any option but to approve it. Roger, is that a pretty safe summary of the legal position we have to take? 21 City Council Meeting – July 25, 2005 Roger Knutson: Mayor, council members. As we’ve talked about many times in the past, this is what you classified as a quasi judicial decision. The question is not whether you like it or not. You’re not making policy. The question is, has this application satisfied your ordinance requirements. That’s the question before you. Once you answer that question, if it does, then you really do lack discretion. If you determine it meets ordinance requirements. Councilman Peterson: So in summary then, I can’t see anything here that would, that doesn’t meet ordinance. So to that end I think we’re obligated to move ahead. Mayor Furlong: Okay, thank you. Other comments. Discussion. Councilwoman Tjornhom. Councilwoman Tjornhom: I think the three issues with the neighbors I think are drainage, traffic speeds and communication. Drainage issues I think that’s probably something more for our engineering department to look at or someone that deals with that to help them out with that. Traffic speeds, that I think is a continual problem in the city and as we grow larger and larger, people driving and driving fast and so that too I think is a concern. Maybe when you have, I don’t know if you’re having a, the open, what was it? The safety night out? Mayor Furlong: National Night Out. Councilwoman Tjornhom: National Night Out. Maybe that’s when you could address if you’re having a party in your neighborhood, with law enforcement regarding speeds and safety in your neighborhood. And the communication, that seems to always be a problem. Some people get notified. Some people don’t, and I think it always, these things always go smoother when there is communication between the developer and the neighborhood so concerns be put to rest and people feel more at ease with what’s happening, but I have to agree that there’s nothing here that I can vote against. It meets the requirements and so I too will support it. Mayor Furlong: Thank you. Councilman Lundquist. Councilman Lundquist: Well my comments would be similar and again I think the communication thing is unfortunate but the reality is, when someone has private ownership of a piece of property and decides that they want to do something that meets ordinances and everything else, they’re not obligated whatsoever to do any communication. Obviously getting along with your neighbors probably would suggest that that happen, but it’s not a requirement to do that and so as unfortunate as that may be, it is what it is and Mr. Stinson is the owner of the property and has chosen to subdivide within our ordinances and I’m sure that he will continue to perform as he has in the past with his architecture and other things and can’t find a reason to not support our ordinance so I will support it as well. Mayor Furlong: Thank you. Councilman Labatt. Councilman Labatt: I don’t disagree with any of you guys. He has a reasonable use of his property. It’s zoned. It meets all the requirements. We unfortunately can’t stop it or delay it at 22 City Council Meeting – July 25, 2005 the request of the homeowners for lack of communication or lack of a neighborhood meeting so I support it. Mayor Furlong: Without reiterating, on the issues of drainage, which is one area that I continue to receive calls on and is an area especially in this part of our city. I know the city has been trying to work with the homeowners association and other interested residents in and around this area in particular to try to better manage our storm water drainage. I guess I would encourage, because there are problems there that need to be corrected, but it’s going to take cooperation of residents, property owners along with the city to get that done and I think there’s a willingness on the part of the city to try to do that so I would encourage those residents that spoke here tonight about some of the problems, if they’re interested in learning more about what the city has been trying to do in that area or to work with their neighborhoods, neighbors to talk to Ms. Aanenson or contact the city and talk to some people because that is an area, we have various parts of our city that have storm water issues and so the, some of the other parts we can do more about it. Here, this is an area that developed a while ago and so there’s some more cooperation that needs to take place. At least I’m somewhat pleased with some of our conditions on this subdivision specifically dealing with storm water drainage in an attempt to manage control and also slow the flow. Reduce erosion in this area as well so that would be one area that I would encourage people to, if they’re interested in being involved or getting involved in this neighborhood, that that would be something to do. With regard to the ordinance, this does meet the requirements in my opinion and it’s always frustrating, I can certainly empathize with everybody that is told something will never happen and then it happens. I mean that’s not just, it’s always difficult to deal with change in our neighborhood but when it’s change that’s unexpected, it’s even more difficult so we certainly understand and appreciate that. At the same time we operate by a rule of law and those laws, those ordinances are there to protect neighbors but also to provide, to reasonably provide people that opportunity to improve their property and by ordinances we try to strike a balance between protecting neighboring properties and property owners as well. So from that standpoint I would concur with fellow members of council that in my opinion this does meet the ordinance as it sits here today but given the comments that were made tonight, I think there’s some improvements we can make in that area that will improve everybody’s property, both values and enjoyment of life, specifically in the storm water management. That we have some opportunities to make some improvements in that part of our city and I think the city stands ready to work with the associations and the neighbors to see that that gets done. Any other thoughts or comments on this matter? Before a motion. Is there a motion? Councilman Lundquist. Councilman Lundquist: I would, Mr. Mayor I would move that the City Council approve the metes and bound subdivision 05-21 of Lot 2, Block 1 Frontier Third Addition into two lots as shown on plans stamped received June 10, 2005, subject to conditions 1 through 14 in the staff report and the findings of fact. Mayor Furlong: Thank you. Is there a second? Councilwoman Tjornhom: Second. Mayor Furlong: Made and seconded. Any discussion on the motion? 23 City Council Meeting – July 25, 2005 Resolution#2005-65: Councilman Lundquist moved, Councilwoman Tjornhom seconded that the City Council approve the metes and bound subdivision (#05-21) of Lot 2, Block 1 Frontier Third Addition into two lots as shown on plans stamped “Received June 10, 2005”, subject to the following conditions: 1.Water Resources Coordinator Conditions: a.The bluff area on the property (i.e., slope greater than or equal to 30% and a rise in slope of at least 25 feet above the toe) shall be preserved. In addition, all structures shall maintain a 30-foot setback from the bluff and no alterations shall occur within the bluff impact zone (i.e., the bluff and land located within 20 feet from the top of a bluff). b.The plans shall show a culvert under the driveway on Parcel B. c.The applicant shall ensure adequate riprap is installed at the flared end section in the southwest corner of Parcel A. d.Erosion control blanket shall be installed on all graded slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Type of Slope Time (Maximum time an area can Steeper than 3:1 7 days remain open when the area 10:1 to 3:1 14 days is not actively being worked.) Flatter than 10:1 21 days These areas include any exposed soil areas with a positive slope to a storm water conveyance system, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. e.The plans shall show four 6” diameter biologs in the drainageway along the southern property line (one biolog for every four feet in elevation change) from the flared end section to the 10” ash to reduce storm water velocities and encourage sedimentation behind the biologs. The ends of the biologs shall be pointed slightly upslope. f.The applicant shall apply for and obtain permits from the appropriate regulatory agencies and comply with their conditions of approval. 2.Prior to building permit issuance for Parcels A and B, detailed grading, drainage, erosion control, and tree removal plans are to be submitted to the City for review and approval. 3.Driveway grades for Parcel B will not exceed 10%. Show spot elevations. 4.Parcels A and B are to be custom graded lots. 24 City Council Meeting – July 25, 2005 5.Supply a detailed street closure and patching plan on Frontier Trail for water service hookup to Parcel B. 6.Show 75' rock construction entrance to Parcels A and B. 7.Erosion control measures and site restoration will conform to the MPCA's "Protecting Water Quality in Urban Areas" (BMPH). Type I silt fence is to be used in accordance with the plans and the City of Chanhassen's Detail Plate No. 5300. Extend erosion control measures along grading limits for driveway on Parcel B. 8.Water and sewer service for Parcel B will be constructed at the time of home construction. 9.Storm sewer, water, and sewer service for Parcel A will be constructed in conjunction with rd Frontier 3 Addition and all its conditions of approval. 10.All water and sewer service construction will require a permit from the City of Chanhassen's Building Inspection Department. 11.Building Official Conditions: a.Final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued. b.Both parcels must be provided with separate sewer and water services. c.Retaining walls over 4’ high require a permit and must be designed by an engineer licensed in the State of Minnesota. d.The building foundations must be designed by a professional engineer due to the slope of the property. 12.The developer shall pay full park dedication fees. 13.Typical drainage and utility easements shall be dedicated on the rear property line of Parcels A & B. 14.Approval of this metes and bounds subdivision is contingent upon recording of the plat of Frontier Third Addition.” All voted in favor and the motion carried unanimously with a vote of 5 to 0. COUNCIL PRESENTATIONS: None. ADMINISTRATIVE PRESENTATIONS: 25 City Council Meeting – July 25, 2005 Todd Gerhardt: Mr. Mayor, council members, I only have one item. I have a rendering here done by an artist out of Edina of City Center Park and the library and she will be selling Christmas cards of this rendering at Byerly’s, so I’m going to pass that around and you have to tell me who you think the gentlemen on the steps are. Councilman Peterson: Can the people at home participate by writing in or do we have an interactive web cam. Todd Gerhardt: If they want to e-mail me. Councilman Lundquist: Do I get a free card if I guess it? Todd Gerhardt: Yep. I don’t think you’re going to guess it. Mayor Furlong: Okay. Todd Gerhardt: But just a couple local businesses that opened this past week. CVS. The best drug store in town based on the sign on top of their building, which is a prescription bottle balloon. Councilman Labatt: Did they get a permit? Todd Gerhardt: I don’t know if they made it through our planning department or not but it’s a nice addition to that corner. I think the neighborhood and locals will enjoy that business. And then Park Nicollet has also opened up their clinic and services they’re providing. We’ve had some of our employees already use the urgent care facility so. Councilman Labatt: Some of your employees? Todd Gerhardt: Yeah. Councilman Lundquist: During non work hours. Todd Gerhardt: It was not work comp related so. Road projects are continuing to move along. Curb is on one side of Lake Lucy. And if you have noticed our parking lot out front is, it’s gone. It’s, can’t even say it’s being rebuilt. It’s gone but that storm water project that falls down along Great Plains Boulevard, it’s going to take a lot of our icy conditions away this winter from the drainage we receive off of the park to the north. And that work is expected to be completed by around August 1, weather permitting. I noticed the gentleman from 212 did not say weather permitting on any of his construction schedules so. Councilman Lundquist: They’re going to work through the winter. They don’t care about the weather. Mayor Furlong: We lost a bank building. 26 City Council Meeting – July 25, 2005 Todd Gerhardt: Yep. Walgreen’s has come in to get a demolition permit on the old Americana Bank building and Americana has moved into their new facility at West Street Station and is open and operational. Councilman Lundquist: I bet nobody ever thought we would knock down a bank in this town. Mayor Furlong: Thus worthy of mention… Todd Gerhardt: The land’s going for $50 a square foot in that area so. Has anybody guessed who the gentleman on the steps is? Councilman Peterson: George W. Todd Gerhardt: Alright. Congratulations. So if you want to get a copy of that, you have to go to Byerly’s and buy your Christmas cards of the City Center Park and the library. That’s all I have. Mayor Furlong: Very good. Any questions for Mr. Gerhardt or staff? CORRESPONDENCE DISCUSSION. Councilman Peterson: Send the PR Release to more places. Television stations. Radio stations. That kind of thing. Todd Gerhardt: A lot of the local TV stations ran it already. Councilman Lundquist: I saw it on the TV station that next morning. Todd Gerhardt: WCCO did it on Monday, the day it came out. Councilman Peterson: Don’t send it to them then. Mayor Furlong: Wouldn’t the City Manager and Welcome to Minnesota be interested in that press release in it? Somebody there must be interested. Todd Gerhardt: Yeah. A publication of Money Magazine is out now so if you go to your local magazine sites, pick one up. Mayor Furlong: Just a quick mention too, I’m sure we’ll have a public announcement at our next th meeting but those still watching, August 19 I believe is Chanhassen Day out at the Minnesota thth Landscape Arboretum. The 19. That’s Friday the 19. So for residents to put that on their calendar. There’s a full day of events that I’m sure will be represented in the Villager in one of their upcoming issues as well as advertising through a public announcement here at the upcoming meeting so, that’s just a few weeks off as well. Second annual. So we’re looking forward to that as well. If there is no other business to come before the council this evening, is there a motion to adjourn? 27 City Council Meeting – July 25, 2005 Councilman Lundquist moved, Councilman Peterson seconded to adjourn the meeting. All voted in favor and the motion carried unanimously. The City Council meeting was adjourned at 8:25 p.m.. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 28