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CC 2017 08 14 CHANHASSEN CITY COUNCIL REGULAR MEETING AUGUST 14, 2017 Mayor Laufenburger called the meeting to order at 7:00 p.m. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Laufenburger, Councilwoman Tjornhom, Councilman McDonald, Councilwoman Ryan, and Councilman Campion STAFF PRESENT: Todd Gerhardt, Chelsea Petersen, Kate Aanenson, Paul Oehme, Todd Hoffman, and Roger Knutson PUBLIC PRESENT: Miron Marcotte 7240 Galpin Boulevard Tom Bakritges, Homestead Partners 6035 Culligan Way, Minnetonka Barry & Michelle Ervin 8525 Chanhassen Hills Drive So. Mayor Laufenburger: Thank you. Welcome to this council meeting to those of you present in the chambers this evening as well as those of you who are watching via Mediacom cable TV or through our website livestream. For the record please note that all council members are present this evening. Also City Manager and City legal counsel Roger Knutson. First item is to review the agenda. The agenda is printed. Council members are there any modifications to the agenda that you’d like to see this evening? Thank you. We will then observe the agenda as printed. CONSENT AGENDA: Councilman McDonald moved, Councilman Campion seconded to approve the following consent agenda items pursuant to the City Manager’s recommendations: 1. Approve City Council Minutes dated July 24, 2017 2. Receive Planning Commission Minutes dated July 18, 2017 3. Resolution #2017-54: Orchard Lane Area Street and Utility Reconstruction City Project 18-01: Accept Feasibility Study, Call Public Hearing. All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS. None. PUBLIC HEARING: WEST PARK: APPROVE RESOLUTION VACATING OLD HIGHWAY 101 RIGHT-OF-WAY. Chanhassen City Council – August 14, 2017 Mayor Laufenburger: Mr. Oehme, is this your’s? Paul Oehme: It is. Mayor Laufenburger: Good evening Mr. Oehme. Nice to have you here. Paul Oehme: Mayor, City Council members, this is a requested vacation by the applicant is West Park development which is shown here in the red area. This is a new development that has been approved by the City Council and the vacation is the old right-of-way of 101 is shown right here. Here’s a better illustration of the area in question to be considered for vacation. Back in I think it was 2009 MnDOT reverted this right-of-way back to the City because it was no longer necessary for 101 since 101 is relocated onto the west, or to the east in conjunction with the 212 project. The right-of-way for old 101 north of Lake Susan Drive became Waters Edge Drive here shown in yellow but the vacation area is shown here in the purple area which currently has private and public utilities in it and then also a trail as well. So the applicant is requesting that the right-of-way for this area be vacated and in conjunction with that the City staff is requesting that additional drainage utility easements and a trail easement be acquired in conjunction with this vacation so public and private entities can access this area. The vacated area would be nd incorporated in the plat for West Park 2 Addition if it would be recorded. So with that just a general overview of the vacation. If there’s any questions I’d be more than happy to try to answer them. Otherwise I’d request that a public hearing be opened at this time. Mayor Laufenburger: Alright before I open the public hearing, council members are there any questions of Mr. Oehme regarding this vacation of old Highway 101 right-of-way? Okay there being none. At this time I would like to open the public hearing. Anyone who would like to speak concerning the proposed resolution to vacate old Highway 101 right-of-way you may step forward and speak at this time. Alright there being none I will close the public hearing. Mr. Oehme for the record did you get any comments from citizens as a result of communications of this proposed resolution? Paul Oehme: Staff has not received any written comments. Mayor Laufenburger: Okay, alright. Let’s move to questions. Council members, any questions of staff? Then I would be pleased to hear a motion of some sort. Councilman McDonald: Question Mr. Mayor. Do you want the motion that’s on the screen or the motion that’s in the packet? Paul Oehme: The motion that’s in the packet. I think this was from the Planning Commission so the motion in the packet would be preferable. Mayor Laufenburger: Okay. 2 Chanhassen City Council – August 14, 2017 Councilman McDonald: I’ll make a motion Mr. Mayor. Mayor Laufenburger: Thank you. Councilman McDonald: I would propose that the Chanhassen City Council approves rezoning of the property from Agricultural Estate. Paul Oehme: No, no. Mayor Laufenburger: Wrong one. Kate Aanenson: Yep. It’s already been rezoned. I think the motion on the screen is correct because you’re just doing the vacation. Paul Oehme: You’re right. Councilman McDonald: Okay. That’s why I asked. Then I’ll recommend that the Chanhassen City Council adopts a resolution approving the vacation of public highway dedicated on the recorded plat of GATEWAY NORTH as described in Exhibit A. Mayor Laufenburger: We have a valid motion. Is there a second to that motion? Councilwoman Ryan: Second. Mayor Laufenburger: Thank you Councilmember Ryan. Any further discussion? Resolution #2017-55: Councilman McDonald moved, Councilwoman Ryan seconded that the Chanhassen City Council adopts a resolution approving the vacation of public highway dedicated on the recorded plat of GATEWAY NORTH as described in Exhibit A. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Laufenburger: Thank you. Paul Oehme: Thank you. FAWN HILL – 7240 GALPIN BOULEVARD: APPROVE REQUEST FOR REZONING FROM AGRICULTURAL ESTATE (A2) TO RESIDENTIAL LOW AND MEDIUM DENSITY DISTRICT (RLM); CONDITIONAL USE PERMIT FOR DEVELOPMENT WITHIN THE BLUFF CREEK CORRIDOR; AND PRELIMINARY PLAT WITH VARIANCES. 3 Chanhassen City Council – August 14, 2017 Mayor Laufenburger: This is a multi-faceted request. May we have a staff report? Is this your’s Ms. Aanenson? Kate Aanenson: Yes it is. Mayor Laufenburger: Alrighty. Kate Aanenson: Just give me one second. Thank you. This is a rezoning, a conditional use and a preliminary plat. Again the applicant is HP Holdings LLC and Chanhassen Investments and Anne E. Marcotte. This did go to the Planning Commission on July 18th. There was a few points of discussion which I’ll bring up in the staff report regarding tree preservation most specifically and some of the outlots but the Planning Commission did recommend approval 6-0. So this property is a remnant piece that there was an agricultural barn and a large home on the lot and the Fawn Hill, which is part of Forest Meadow just to the north here. So this comes down and then the most recent subdivision just to the south of Bentz Farms so it was anticipated that some day if this property was to subdivide, as we do in looking ahead and planning is that these two streets would connect so that’s what happened. The existing house will stay on the property but the barn will be removed. So with this request there’s actually a couple of actions. It’s currently zoned agricultural but it will be rezoned to low density and then a conditional use for development in the Bluff Creek corridor and preliminary plat approval with a variance for a double lot and that’s for the existing home will be on a double fronted lot and then street grade in excess of 7 percent. That’s our normal street grade. Again to make those, that subdivision tie to the north, it’s a little steep on that side so the variance is a requirement. So again the rezoning is currently A2. Residential low and medium density. In order to get this the intent in our zoning ordinance is that you have to preserve a significant area in order to get the little bit smaller lots so with this they are preserving a large area of wet upland and then also the Bluff Creek Overlay District. So here’s the Overlay District in itself. So the development within the Overlay District requires a conditional use. There will be some grading down where the storm water pond is and some of that drainage will be connected to that. I did want to bring up another point that was raised at the Planning Commission. Some of the neighbors to the north wanted the continuation. At one time there was a trail that went across the Longacres subdivision but that trail had been vacated because it really goes into the wetland. It was never going to connect up so the way that this project will get access to the park and to the trails would be through the existing sidewalks and then over to Sugarbush Park and then ultimately also onto Galpin Road so that was something that was brought up by the neighbors and that was clarified that that trail had been vacated. I did meet with engineering staff and myself with a couple of the neighbors just to kind of go through some of those issues that they had. So the subdivision itself is for 10 lots. This existing lot here has a little remnant piece with an outlot and then the developer had desires to potentially sell these in the future. The City zoning ordinance does not allow those lots to stay that way because they would be landlocked. Another discussion point was whether or not the City would want it. The City is again there’s no access to it. Didn’t see the value in that. We’d rather have it included in the lot. The applicant was trying to go forward with a final plat on this lot but some of the easements needed to be vacated so I’ll show you a revised plat in a minute 4 Chanhassen City Council – August 14, 2017 but I just want to show you where the existing house sits. So this is the double fronted lot on the cul-de-sac and then on the back the driveway will come off but that’s the only way that could be accommodated with a variance to the double fronted lot. So this is the revised plat. Again if a homeowner wanted, to the north wanted to buy a portion of a lot they could still split that off and add it to their lot. That wouldn’t be considered a subdivision because you’re taking a portion of one lot and adding it to another. You’re not creating a separate lot. Our goal is to make sure we don’t have pieces that are landlocked that someone would try to transfer ownership and then they have no access to it so I think we’ve worked with the developer and found a way to resolve that. In addition there was one little outlot here that was also then combined with Lot 6 so you’ll see that will go forward with the final plat so again 10 lots with one existing home. Grading, we touched on that a little bit. In order to get up the hill to tie the streets together going up to the existing Forest Meadows subdivision you’re exceeding the 7 percent grade but we believe overall it’s a well designed subdivision. One of the questions that came up regarding the pin oaks, and I think I have that on a separate slide. I’ll talk about that in a second. So storm water, going down to the existing pond potentially creating additional pond here. This one was built I believe to accommodate most of the storm water but they’ll have to do another cell with that. Utilities are there. It will be extended. Oops, I want to go back to the storm water again for a second. So I think one of the issues too was there’s some water that comes across Galpin Boulevard and providing, and accommodating some of that additional runoff that the developer is requesting some credit for. Utilities, again sewer and water are available there. Just the connection. And then landscaping. So one of the questions that came up at the Planning Commission was there was a stand of pin oak along the back so in order to preserve those the applicant went through the exercise of showing a retaining wall. It was a pretty significant retaining wall along the back in order to save those pin oaks and actually the City Forester’s opinion was, and she spoke to the planning commissioner who had the concern about that, probably don’t do as well in this soil as would be desirable and with some of the construction and the potential for the Galpin change in grade felt it might be better just to take those out and put a tree that would do better in those soils so that communication was had with the planning commissioner and I think they felt satisfied with that. We also didn’t want to see the large retaining wall so we do have a drawing on that so it’s a pretty long wall in order to accomplish saving all those pin oaks so again it was felt like maybe they wouldn’t do as well and trying to save something with a larger wall in the back of the homes might be well, better served to put up a more desirable species in there so that’s how it was left and I think that was a good solution. So with that we are recommending approval and again this is going back for final plat I think in 2 weeks. Just had the hiccup there with the vacation of the easements so with that we are recommending approval of the rezoning, the conditional use permit within the Bluff Creek corridor, the preliminary plat for 10 lots and the variance for the street grade and the double fronted lots and approval of the Findings of Fact. I’d be happy to answer any questions that you have. Mayor Laufenburger: Alright. Before I ask the applicant if they would like to speak, are there any questions of staff at this time? Mr. McDonald. 5 Chanhassen City Council – August 14, 2017 Councilman McDonald: I believe that wasn’t this the area where Riley-Bluff Creek had weighed in as far as the watershed district and were saying that the plans were deficient? Kate Aanenson: Not this one, no. Councilman McDonald: Not this one? Okay. Mayor Laufenburger: Any other questions of staff at this time? Councilmember Ryan? Councilwoman Ryan: Sure I just have a few. To go back to the outlots. So at the Planning Commission, so right now it’s Outlot A and it used to be like A through D, is that correct? Kate Aanenson: Correct. Councilwoman Ryan: And so you created just one outlot and then the, how’s that going to work? Kate Aanenson: No they’re no more. Yep good question. So on the screen now you can see that there was a series of outlots and they were hoping, and they did put a letter out to the adjoining property owners if they wanted to acquire these lots. Mayor Laufenburger: To the north. Property owners to the north. Kate Aanenson: To the north, correct. Yep and we met with some of those property owners. And so could they do that in the future? Maybe undecided now. If in the future they wanted to do it before they sold the lots they could still split those in the future and attributive but when you go to a final plat you can’t have a lot that’s landlocked. Mayor Laufenburger: And Outlot A and B and C and D would be landlocked. Kate Aanenson: Correct. So there’s no road to it so what we asked the applicant to do is actually create, so Councilwoman Ryan so what they do is they’re just larger lots so there is no outlots anymore in the back. So these folks have larger lots. Councilwoman Ryan: So they go all the way back now. Kate Aanenson: Yep. Councilwoman Ryan: Okay. Kate Aanenson: And if before they sell these, if someone to the north changes their mind and says I’d like some of that, it’s very, very steep. 6 Chanhassen City Council – August 14, 2017 Councilwoman Ryan: Okay. Kate Aanenson: Which is some of the reason that the staff didn’t feel it was as desirable and the homeowners to the north, while it may have additional green space if you had a lot of hard cover. Because it’s so steep it’s probably not as desirable and the current owner’s been mowing it so they have been enjoying it but I’m not sure that the same would take place but this, these two lots would be Lots 3 and 4 would be benefactors of having larger lots and. Councilwoman Ryan: Okay. I just remember reading from the Planning Commission that you were concerned about not having everything sold before this moved forward and I just wanted to clarify. Kate Aanenson: Yeah and I think they wanted the option to work on it later but it doesn’t work that way. Once you go to final plat they have to be shown in a lot because then someone could transfer and buy a lot that’s landlocked. Councilwoman Ryan: Okay. Kate Aanenson: Then it’s a problem. Councilwoman Ryan: Okay. Kate Aanenson: But we’ve resolved that. Councilwoman Ryan: Perfect. And then in terms of, you had mentioned the storm water pond. I know that there have been concerns and were also brought up but in terms of just the collection of water on some of those lots so that’s one question. And then you just mentioned that they’re requesting some credits. If you could clarify what you mean by that. Kate Aanenson: Sure and maybe the City Engineer can comment on that too but there is water currently coming off of the subdivision on the east side coming across to the west across Galpin Boulevard that they’re capturing some of that water so they have to treat the water coming from somebody else’s site. The other issue was the, this lot here. Lot 12 and again maybe the City Engineer knows a little bit more about that but I believe they’ve raised that elevation on that lot too because there was water that was a problematic situation there too. Councilwoman Ryan: Because didn’t, I think that you said that you were going to meet with the neighbor. The City was going to meet or the developer was going to meet with the neighbors to deal with some of the water concerns that affect, I think it was the, it’s still part of Bentz Farm. Not the older development. Not this particular development and so they were, now that there’s more grading going on that there’s going to be more runoff so there was concern so I guess my question is, has that been resolved? Has anyone met with the neighbor to address those issues? 7 Chanhassen City Council – August 14, 2017 Paul Oehme: I’m not aware specifically of the neighbor that’s being referenced. Kate Aanenson: I think the applicant can address those because that did come up at the Planning Commission too. Yep. Councilwoman Ryan: Okay, well that’s good for now. If I have further questions. Mayor Laufenburger: Any other questions of staff before we? Okay. If the applicant is present would you be willing to come forward and identify yourself and just tell us a little bit about your project. Tom Bakritges: Good evening Mr. Mayor, members of the council, staff and audience. My name is Tom Bakritges with Homestead Partners. JMS Custom Homes. Our address is 6035 Culligan Way, Minnetonka and Miron Marcotte is the property owner and is also present here in the audience. As you are aware this was kind of the hole in the donut or the last link of the neighborhoods in this area. Actually JMS Custom Homes developed the property to the north 20 some years ago and we’re the developer of Bentz Farms right now. Two different builders there and JMS Custom Homes will be the builder in these 9 lots with the existing home that will resell. So we’ve been working with staff on quite a bit of information here but it’s all been pretty much th resolved and we’re ready and moving to the final plat on the 28 and we’re excited to keep moving forward. In regards to your question on the credits, there are, there’s a huge area to the east and to the north. Mayor Laufenburger: Yep, Nann will pick that up. Tom Bakritges: There we go. And the reason is the guidelines a couple years ago were different. Or a few years ago in terms of water runoff and it’s virtually doubled now and because we’re creating this system we’re carrying all the water from the ditch from the north and which probably none of that is being treated but to the north somewhat’s being treated. To the east is somewhat being treated but there’s a gap and so because we’re going to be carrying all this additional water that’s what the credit is for. Mayor Laufenburger: So you want credit for taking care of water that is coming onto your property but it didn’t originate on your property? Tom Bakritges: That is correct Mr. Mayor. That is correct. Mayor Laufenburger: And Ms. Aanenson is that acceptable for the City? Kate Aanenson: Well that’s what engineering’s been working on. I’m not sure that’s been resolved or not but that’s. 8 Chanhassen City Council – August 14, 2017 Tom Bakritges: It will get resolved when we complete our modeling so today we discussed it and I authorized the modeling to take place. So we feel pretty comfortable. Kate Aanenson: Yeah just demonstrating what, how much they’re picking up. Paul Oehme: There’s some over sizing with the pipes to carry the water through this development that you know water off site has generated so we just need to figure out what that number is. Mayor Laufenburger: How is that water getting from Breaker, Majestic and Walnut, how’s that getting over to the west side? Is there a culvert underneath of some sort? Paul Oehme: There is a culvert underneath. Tom Bakritges: A storm sewer. Paul Oehme: Yep exactly and there’s a culvert underneath Galpin and all of like Walnut development is urbanized and has a storm sewer system in it. Mayor Laufenburger: Okay so that water is treated before it eventually goes into the Bluff Creek Overlay, is that correct? Paul Oehme: A portion of it is, yes. Mayor Laufenburger: A portion of it, okay. Alright. I remember Tom. I’m sorry I don’t remember your last name. Tom Bakritges: Bakritges. Mayor Laufenburger: Say it again. Tom Bakritges: Bakritges. Mayor Laufenburger: Bakritges. Tom Bakritges: It’s Greek so. Mayor Laufenburger: Well welcome. Tom Bakritges: Thank you. Mayor Laufenburger: Anything else? 9 Chanhassen City Council – August 14, 2017 Tom Bakritges: No and in regards to the outlots, our goal there was just to briefly say that we talked to the owners to the north, if they were interested to add on to their property. They were not at this time so we’re moving forward and eliminating those outlots and as the plan that Kate th had shown, that’s what we’re going forward with on the 28. Mayor Laufenburger: So the plan is you will have those larger lots on the north side and if the property owners to the north of those extended outlots desire to acquire that property in the future, you would make that possible through the sale of the lots but it would not require, would it require subdivision? You said no Kate, is that correct? Kate Aanenson: No. Mayor Laufenburger: Okay, alright. Kate Aanenson: Could do that administratively. Mayor Laufenburger: Okay, alright. Any questions of the applicant? Councilmember Ryan, go ahead. Councilwoman Ryan: Back to the pin oaks, and I know you had done, or looked into or put something together to show if you saved them and the retaining wall and the, you know the significant increase in the retaining wall. Is that because your desires to have walkouts as opposed to basements or even if you had basements in, I think it’s Lot 5 and 6, would those pin oaks be able to be saved? Tom Bakritges: It’s actually what we’re proposing is lookout’s on those lots. Councilwoman Ryan: Okay. Tom Bakritges: At the end of the cul-de-sac, in today’s market, any market really it’s more desirable to have lookout’s or walkout’s. People are paying premiums to locate in those areas. Could we do a flat lot? I supposed we could. It’s not the desire of what we want to do but that retaining wall, if we did that retaining wall, it’s 200 feet long and it’d range from 6 feet to 11 feet in height. We’re concerned with future maintenance for those 3 properties so what I came back with, to the staff was many of the species that we’re showing at 6 feet right now in height, we’re willing to plant 10-12 footers. Councilwoman Ryan: Great. Tom Bakritges: So we can work with staff, how many they want and we’ll be able to do that. I tried to look at saving the pin oaks. It’s just not feasible. Councilwoman Ryan: Alright. To get the lookout’s? 10 Chanhassen City Council – August 14, 2017 Tom Bakritges: Get the lookout’s. Mayor Laufenburger: Any other question or comment Councilmember Ryan? Did you have another one? Councilwoman Ryan: No. Mayor Laufenburger: Okay. Anybody else? Alright I’m not sure if this is to you, as the, has the trail that the neighbors were asking, the trail that goes along the southern boundary of Longacres, has that trail been destroyed do you know? Kate Aanenson: Yes it has been vacated. I’m trying to look for an overview. You can kind of see it here but that’s no longer there. Mayor Laufenburger: Okay. Kate Aanenson: That section has been eliminated. Oh I’m sorry, thank you. I do that all the time. This section right here has been eliminated. You can kind of see it on the aerial there. That’s been eliminated. That connection will not happen. Mayor Laufenburger: Okay so if somebody wants to get from the left portion of your drawing, or your photo over to Galpin, how would they get there? Kate Aanenson: If they’re up here they can come down Fawn Hill. Mayor Laufenburger: No, go farther, straight left. There. Somebody. Kate Aanenson: There’s a crossing here to come down. Mayor Laufenburger: Okay. Kate Aanenson: It’s not showing it but you can cross here and come down. th Mayor Laufenburger: Down to West 78? Kate Aanenson: Yes, ultimately you’re going to come into. Mayor Laufenburger: Okay, or if they go up, if they go north into Longacres. th Kate Aanenson: Yeah you’re going to come down off of West 78. Come down onto, in th Longacres there and then come down onto West 78, correct. 11 Chanhassen City Council – August 14, 2017 Mayor Laufenburger: Okay. Kate Aanenson: Yep. Mayor Laufenburger: Alright. Let’s see I think that’s it. Thank you Tom. Tom Bakritges: Thank you very much for your time. Kate Aanenson: Just to be clear the neighbors are walking it but it’s not a formalized trail you know because again this is when we did trails when, when this subdivision, we don’t do this anymore where you have a trail, a public trail going across the back of somebody’s lot, especially when they put their dog fences in the back and that sort of thing so we don’t do large lots into the wetlands. As you can see here the lots do not go out into the wetlands. Mayor Laufenburger: Okay show the, can you show the subdivision revised. The revised subdivision. There. So can you show approximately where that vacated trail is? Kate Aanenson: It’s off the screen. It’s way, it’s way over here. Mayor Laufenburger: Okay. Kate Aanenson: It’s north and over. Mayor Laufenburger: So there’s, if you said that there’s still walking. People are still walking that vacated trail. Kate Aanenson: That’s what they said at the Planning Commission meeting. They were still using that. They’re walking across someone’s property to get there and that’s a good neighbor thing. That’s fine. You know if people allow that but. Mayor Laufenburger: Okay. But eventually somebody’s going to own that property. Kate Aanenson: Well they’re walking, I think they’re staying up on top is my understanding. Staying up on top and cutting over so correct. It will change eventually with some other owner. Again that’s… Mayor Laufenburger: Somebody’s going to own Lot 4. Kate Aanenson: And they may put up a fence and they may right, prohibit the walking across. As I stated Mr. Marcotte has done a great job of mowing it and being a great neighbor and everybody’s benefited from it and have enjoyed living next to them so. Mayor Laufenburger: Good. Kate can you talk about what does double front mean? 12 Chanhassen City Council – August 14, 2017 Kate Aanenson: Sure. So you actually have, let me try to get a cleaner one here. You actually have a driveway. A home that has public access. Access onto a public street at two locations. One on the cul-de-sac and one of the back side so access will come in this direction. So that’s called a double frontage lot because it has frontage on two public streets. Mayor Laufenburger: So is there a driveway access off of Fawn Hill too? Kate Aanenson: No. Just off of Bentz Court will be the driveway access. It’s actually getting pretty steep as you, not pretty steep but it’s steeper going up this way. Mayor Laufenburger: So double front means they have property on two different public streets. Kate Aanenson: That’s correct. Mayor Laufenburger: And we normally don’t allow that? Kate Aanenson: Not in this direction. Often you could have a corner lot. That’s not pretty characteristic but you have. But now when you have it in the front and the back. Typically that’s, we don’t like to see that in a subdivision. But there’s no other way to resolve it. Todd Gerhardt: Typically you’ll see it on a collector road. Kate Aanenson: Yes. Todd Gerhardt: You know similar to the 3 lots onto Galpin. Kate Aanenson: These are, yep those are collectors. Todd Gerhardt: They’re not going to gain access on Galpin. Their main access will be on Bentz Court. Mayor Laufenburger: Okay. Any other questions of staff? Councilmember Ryan. Councilwoman Ryan: I do. I think this is a great completion to that area. I just want to clarify a few things that stuck out to me and to see if you’ve got answers since the Planning Commission. Kate Aanenson: Okay. Councilwoman Ryan: So in terms of just the general tree canopy, I know they were supposed to, they’re required to have 81 trees. Did everything come in? The final landscaping plan. I know that wasn’t. 13 Chanhassen City Council – August 14, 2017 Kate Aanenson: Yep it’s all in, yeah. And just to go further than that. We had the joint commissions tour last Tuesday and we actually drove by this project and we talked a little bit about the trees and the landscaping and it will exceed, as I stated, the City Forester thought that pin oaks probably wouldn’t do as well so, as long as they agreed to the same caliper and so the revised landscaping plan is in. Ready to go for final plat and it will meet all the requirements and exceed. Councilwoman Ryan: Okay. And the reason why I ask and I’ve talked to you about this is, you know when there’s a beautiful section of trees that neighbors are used to seeing and then all of a sudden they’re removed and houses go up, it’s a concern to neighbors so I just want to make sure… Kate Aanenson: Sure, no I appreciate that and to be clear we did get some calls from people across, the neighbors across on Galpin yes. Councilwoman Ryan: Okay. And then if you could, I’m going to pull it up from the report so I don’t misstate this. If you could just give me one second here. It has to do with just the subdivision and maybe this is all resolved in terms of the zoning and now that’s it the outlot but it speaks to specifically about 13 percent versus, it’s the transferring of density and 13 percent versus the norm of 28 to 48 percent for open space in this district. Can you just speak to that and help me understand? Kate Aanenson: Sure. So if we go back to the overlay district itself. What we’re getting. So you can see all of Outlot E which is a continuation. Let me go back and show it this way. So this is the entire Bluff Creek. So some of that was dedicated here with the Bentz Farm and then this is picking up the rest of it so it’s a continuation of that whole, what we call kind of that, I want to say just the watershed area but the, just all the amenities that go with it. Whether it’s the animal migration. The different vegetation. The trees. Kind of the flora and fauna that are located in that area so it’s a continuation of that so while these are going to be long lots back here, there will be no development in that primary zone and then the buffer too so we believe it does meet the intent. Again these infill developments are the most challenging, especially when you have a beautiful home in there. You’re trying to work into that so because of the shape of the lots it was hard for them to get, you know by the time you put the utilities in and pick up the extra storm water it makes it more challenging so we believe it did meet the intent of the RLM zoning. Councilwoman Ryan: Okay. Kate Aanenson: Because you can. Councilwoman Ryan: You know that’s a significant difference when you know they’re doing 13 percent of the site and it says right here that historically they dedicate between 28 and 48 percent and so I just… 14 Chanhassen City Council – August 14, 2017 Kate Aanenson: Yep and having said that you’ve got some extra large lots in here so that really bumps up your lot average by making those two lots significantly larger. Councilwoman Ryan: Okay. Todd Gerhardt: So Kate did you say Outlot A is going to be dedicated to the City? Kate Aanenson: Yes. Yep, and then so your smaller lots are you know the challenging ones up against Galpin but then the existing home is a larger lot so that, in making these two lots larger then brings up that average of the lot size and that’s what the RLM allows you to do is make little bit smaller lots because you have the accumulative preservation area. Councilwoman Ryan: Okay. And so then, and then back to the runoff. Does the grade of the road going from 7 percent up to, I know it was at 10 and a quarter. Now it’s coming down to 10 percent. Does that impact the, you know with the hard cover coming down and affecting some of those, you know whatever the lots. Kate Aanenson: Over on this side with Lots 3 and 4? Councilwoman Ryan: Yeah 3 and 4. Paul Oehme: No. From a drainage perspective Fawn Hill Road, it will be 10 percent. We have ample catch basins along Fawn Hill Road to capture that water as it comes down, down the hill there so none of the water that is generated or comes down Fawn Hill Road would end up on the adjacent properties so it would all be captured in our collection system and directed to the pond on the west. Councilwoman Ryan: Okay. Todd Gerhardt: They have a model program and use, what is that? 100 rain event on the impervious surface calculation and then that helps them size the storm water pipes and how many catch basins are needed along there. If they’re high flow catch basins or regular basins, it depends on what the model outcome would be. Councilwoman Ryan: Okay. Alright, thank you. Mayor Laufenburger: Any other questions from council? Or motions. Todd Gerhardt: Mayor just to add to that. Kate can you go back and show the pond? The pond to the left there is where it will be pre-treated. The water from the street before it goes into the wetland so the solids, they’ll settle out in the pond. 15 Chanhassen City Council – August 14, 2017 Councilwoman Ryan: And you are increasing the size of that or you’re not? Kate Aanenson: Yeah he’s increasing it, yes. Yep, and that’s also to pick up some of that extra water so I think that’s what’s kind of exasperating the one lot that we were talking about so digging all that up and solving that problem. Councilwoman Ryan: Okay. Kate Aanenson: So we’re actually solving a, by this subdivision we’re solving a bigger problem. Councilwoman Ryan: Bigger problem, okay. Thank you. Mayor Laufenburger: And Ms. Aanenson before we act on this, this will come back to us for final plat? Kate Aanenson: That’s correct. th Mayor Laufenburger: On August 28, is that correct? Kate Aanenson: Correct so we’re working on that report now. It was pretty much done until we found out we had to vacate the utility easements so yes. Mayor Laufenburger: Okay, so that final plat, will that be the last action that we as a council take on this property? Kate Aanenson: That’s correct and then typically they’re on consent agenda. Mayor Laufenburger: Okay. Todd Gerhardt: But there’ll be a public hearing on the vacation. Kate Aanenson: Correct. It will… Mayor Laufenburger: And would that occur at the same time? That same meeting? Kate Aanenson: Correct. Mayor Laufenburger: Okay, alright. Any comments or any further discussion or motion from the council? Councilman Campion: I’ll make the motion. Mayor Laufenburger: Mr. Campion. 16 Chanhassen City Council – August 14, 2017 Councilman Campion: The Chanhassen City Council approves rezoning of the property from Agricultural Estate (A2) to Residential Low and Medium Density (RLM); Conditional Use Permit to permit development within the Bluff Creek corridor; Preliminary Plat for 10 lots, one outlot and public right-of-way with variances for a double fronted lot for a single family detached subdivision and a roadway slope in excess of 7 percent, subject to the conditions of approval and adopts the Findings of Fact. Mayor Laufenburger: Alright, we have a valid motion. Is there a second to that motion? Councilman McDonald: Second. Mayor Laufenburger: Thank you Mr. McDonald. Is there any further discussion? Councilman Campion moved, Councilman McDonald seconded that the Chanhassen City Council approves rezoning of the property from Agricultural Estate (A2) to Residential Low and Medium Density (RLM); Conditional Use Permit to permit development within the Bluff Creek corridor; Preliminary Plat for 10 lots, one outlot and public right-of-way with variances for a double fronted lot for a single family detached subdivision and a roadway slope in excess of 7 percent, subject to the following conditions of approval and adopts the Findings of Fact: Conditional Use Permit: 1. Outlot E, encompassing the large wetland area, shall be dedicated to the City. 2. The developer shall install signage at lot lines corner and at the change in angle along the west portion of Lots 2, 3 and 4, Block 1 to demarcate the Bluff Creek Primary Zone. Subdivision with Variances: Building: 1. Provide a 1:200 “clean” plat drawing. 2. Demolition permits required for the removal of any existing structures. 3. Proposed street-name (Fawn Hill Road) is acceptable to the Building Official. 4. Buildings may be required to be designed by an architect and/or engineer as determined by the Building Official. 5. A final grading plan and soils report must be submitted to the Inspections Division before permits can be issued. 17 Chanhassen City Council – August 14, 2017 6. Retaining walls over four feet high require a permit and must be designed by a professional engineer. 7. Each lot must be provided with separate sewer and water services. 8. The applicant and/or their agent shall meet with the Inspections Division as early as possible to discuss plan review and permit procedures. Engineering: 1. The plat shall be modified to dedicate drainage and utility easements over the pipe from CBMH 2 to CBMH 12 to FES 13 and CBMH 14 to CBMH 7. The easements shall be sized to allow future excavation for a ratio of 1:1 (min) or 1:1.5 (preferred). 2. The developer will work with the city to resolve the drainage at the southeast corner of the proposed development and the northeast corner of Vistas at Bentz Farms. 3. The applicant shall submit a soils report indicating soil conditions, permeability and slope. 4. The benchmark location and elevation used for surveying shall be indicated on the grading plan. 5. Proposed spot elevations shall be shown on the grading plan at the center of the proposed driveway at the curbline and at corners of proposed building pads. 6. The plan shall be revised so that Note 10.A on the grading plan reads that disturbed areas will be restored with 6” of topsoil. 7. To provide draintile service where runoff will flow from the back to the front of lots, the plan shall be revised to include draintile between Lots 3 and 4 of Block 2. 8. Lot 4, Block 1 and Lot 4 Block 2 grading plans shall be revised to grade away from the building pads. 9. The proposed development will exceed one (1) acre of disturbance and will, therefore, be subject to the General Permit Authorization to Discharge Stormwater Associated with Construction Activity Under the National Pollution Discharge Elimination/State Disposal System (NPDES Construction Permit). 10. The applicant shall submit the full SWPPP document to the city for review prior to grading on site. 11. The plans shall identify the areas intended for stockpiling materials on site during construction. 12. The applicant shall meet the minimum requirements for stormwater set forth in City Code §9-VII and requirements of the Riley-Purgatory-Bluff Creek Watershed District. 13. The applicant must obtain a permit from RPBCWD prior to final plat recording. 18 Chanhassen City Council – August 14, 2017 14. The SWMP Fee is $58,915.20. The SWMP Credit given for meeting the 1.1” volume abstraction is $29,457.60. The applicant must still verify that the 1.1” abstraction is met for the site. The net SWMP Fee due at the time of final plat of is $29,457.60. 15. Both walls shall be moved outside the perimeter drainage and utility easements that will be dedicated with this plat. 16. The existing retaining wall at the temporary turnaround constructed as part of Vistas at Bentz Farms shall be removed. 17. The Fawn Hill plan set proposes a 10.25% slope, but the developer’s engineer shall revise the plan to achieve the 10.0% slope per the Forest Meadow as-built plans and the Vistas at Bentz Farms ghost plat of this parcel. 18. Fawn Hill Road and Bentz Court shall be public streets, owned and maintained by the city after acceptance of the public improvements by the City Council. 19. The street plan shall be revised to callout right-of-way widths and centerline gradients. 20. A street light shall be installed at the intersection of Fawn Hill Road and Bentz Court. A $300 fee shall be collected with the development contract for electricity costs for the first year of operation. 21. All proposed driveways shall follow the city setback requirements of 10 feet from the property line. The driveways for Lots 2-4 of Block 1 and 3-5 of Block 2 shall be revised to meet the setback. 22. ADA compliant pedestrian ramps shall be installed at the intersection of Bentz Court and Fawn Hill Road and at the entrance to Sugarbush Park. 23. Sanitary sewer shall be owned and maintained by the city after acceptance of the public improvements by the City Council. 24. The existing home on Lot 3, Block 2 shall be connected to the proposed sewer system and the existing mound system shall be removed prior to the acceptance of the public sanitary sewer. 25. Water main shall be owned and maintained by the city after acceptance of the public improvements by the City Council. 26. The existing home on Lot 3, Block 2 shall be connected to the proposed water system prior to the acceptance of the public water main. 27. Storm sewer installed with this subdivision shall be owned and maintained by the city after acceptance of the public improvements by the City Council. 28. The grading proposed will route some of the Galpin Boulevard ditch runoff as overland, sheet flow to a pick-up catchbasin located on Lot 5, Block 2. The plan shall be revised to include a pick-up catchbasin within the right-of-way rather than routing the stormwater onto the residential lot. 29. The plan shall be revised to locate CBMH 4 outside of the driveway area for Lot 1, Block1. 30. The plan shall be revised to include CBMH 14 in the structure table on plan page 4. 19 Chanhassen City Council – August 14, 2017 31. The plan shall be revised to show velocities on the FES table on plan page 4. All FES pipe shall have non-erosive velocities (3.5-5.0 feet per second). 32. The plan shall be revised to remove the environmental sumps from CBMH 7 and installed on CBMH 3 and 6. This CBMH are preferred because they are downstream to catch more debris and are on the street for easier future maintenance access. 33. The plan shall be revised to show the entire storm pond that the development is using for stormwater management. 34. To avoid having stormsewer pipe in backyard easements, staff recommends routing the stormwater system down Bentz Court and up Fawn Hill Road rather than between Lots 1 and 2 of Block 2. 35. The storm crossing elevation at Station 1+25 shall be corrected. 36. The plan shall be revised to increase the pipe slope to FES 13 to 1.00% or greater per the MN Stormwater Manual to prevent ice damage to the pipe. 37. The plan shall be revised to use 15” RCP as the minimum stormwater pipe size for future maintenance access. 38. Water and sewer partial hook-ups are due at the time of final plat. For 10 units, the sanitary partial fee is $6,910.00 and the water partial fee is $21,470.00. The remaining hook-up fees will be due with the building permit at the rate in effect at that time. Natural Resources: 1. The minimum number of overstory trees required to be planted in the development is 81. 2. Tree preservation fencing shall be installed around existing trees to be saved prior to any construction activities and remain installed until completion. 3. The applicant shall install the required bufferyard plantings along Galpin Blvd. Parks: 1. Full park fees in lieu of additional parkland dedication and/or trail construction shall be collected as a condition of approval for Fawn Hill. Planning: 1. The applicant shall resolve the issues with Outlots A, B, C, D and F prior to final plat approval. 2. Outlot E, encompassing the large wetland area, shall be dedicated to the city. 20 Chanhassen City Council – August 14, 2017 3. The developer shall install signage at lot lines corner and at the change in angle along the west portion of Lots 2, 3 and 4, Block 1 to demarcate the Bluff Creek Primary Zone. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Laufenburger: Thank you very much. Good luck Mr. Tom Bakritges: Tom. Mayor Laufenburger: Tom. Tom Bakritges: Thank you Mr. Mayor, members of council. Mayor Laufenburger: Borcasee, is that right? Tom? Tom Bakritges: Bakritges. Mayor Laufenburger: Bakritges. I’ll never forget it now, okay. You don’t have a yogurt by that name do you? I bet you do. Tom Bakritges: Thank you again. Mayor Laufenburger: Best of luck Mr. Marcotte too as well. Alright. Let’s see, that concludes all of the business items on our agenda. COUNCIL PRESENTATIONS. Mayor Laufenburger: Any council presentations at this time? Councilwoman Ryan: I have a question. Mayor Laufenburger: Go ahead. Councilwoman Ryan: Kate could, or Ms. Aanenson could you provide the update that you did in our work session about the downtown district study please? Kate Aanenson: Yep. So we’ve invited Hoisington-Koegler to come and just give an overview of kind of their working on the analytical part and just give you some overview of that and address questions that you may have and what their process is and where they’re at in the process and kind of the deliverables and expected outcomes. Councilwoman Ryan: At our next work session. 21 Chanhassen City Council – August 14, 2017 Kate Aanenson: At your next work session, yep. Councilwoman Ryan: Thank you. Mayor Laufenburger: Thank you Ms. Aanenson. Any other council presentation? Well in response to Mr. Knutson’s question just prior to the meeting I would like to give an update to council and all the members present in the chamber, and all the visitors present in the chambers as well as those watching online. The Chanhassen Red Birds on last Saturday evening won their game against the Eagan Bandits and they are now representing the Section 3, Class B as the number one seed into the state tournament. Now this is the first time that the Chanhassen Red Birds, the local amateur town ball, baseball team has qualified for the state tournament as a Class B team. A few years ago they made it into the state tournament as a Class C and back in 1949 the Chanhassen Red Birds also made it into the state tournament at that time and I would just make mention of this that in 1949 when the Red Birds qualified for the state tournament, their first game was on Sunday. On a Sunday and St. Hubert’s had early mass and the town closed down and everybody went up to Detroit Lakes to watch that game. I’m certainly encouraging members of the community to follow the Chanhassen Red Birds and this year our first game will be played in Green Isle at what’s known as the Irish Yard. This is in Green Isle, Minnesota. A little west of town here. Just a nice, comfortable drive through the beautiful bucolic farm country of Sibley County and that game is at 7:30 on Friday night, August I believe that’s the th 18. Todd Gerhardt: Correct. th Mayor Laufenburger: Yeah August 18 and we play the dreaded Sauk Rapids Cyclones so. Councilman Campion: And you’re closing the city that Friday? Mayor Laufenburger: We’re giving consideration Mr. Campion. We’re giving consideration, exactly. But the Red Birds have, they’ve been a very good team this year. Their record is 31 st and 7 and I think they’re 29 wins and just 3 losses since June 1 so they’re a red hot team. Todd Gerhardt: How many runs allowed in the last 3 games? Mayor Laufenburger: Let’s see in the last 3 games they’ve allowed a total of 5 runs I think so it’s, but we have some great young ball players, many of whom are from the Chanhassen High School or Chaska High School area and it’s a fun game. It’s a fun experience. We try to do our best to give the fans a great experience when they come out to watch the Red Birds. I want to say thank you to my Councilmember Jerry McDonald here who has been a big supporter of the Chanhassen Red Birds throughout their existence since the high school stadium was built. Anyway so 7:30, Friday night at the Green Isle Irish Yard against the Sauk Rapids Cyclones. th And if they win that game then they will play the following week, the following Friday the 25 22 Chanhassen City Council – August 14, 2017 at Hamburg. Another storied ballpark in amateur baseball lore in Minnesota so that’s my update on the Red Birds. Todd Gerhardt: None of those dates seem to affect any religious holidays that I know of. Mayor Laufenburger: Yeah you’re right so I would like, in fact you could even say that going to the ball game at Green Isle Irish Yard, that is a religious experience for many people, yeah. Todd Gerhardt: Yeah. Mayor Laufenburger: Yeah, and there will be appropriate alcoholic beverages available at that time for anybody who wants to participate in some form communion or something like that. Alright, having said that Mr. Gerhardt. You have any administrative presentations? ADMINISTRATIVE PRESENTATIONS. Todd Gerhardt: Well I wish I had as exciting news as the Red Birds but I’d like to kind of update you on some of our current road projects. The benefits of the rainy weather that we’ve had is given us some beautiful lawns and parks but however it hasn’t been conducive to road construction. I believe Paul, tell me if I’m wrong, we will get our mill and overlays completed this year in the Lake Susan. Paul Oehme: Hills. Todd Gerhardt: Or Lake Susan neighborhood. Paul Oehme: Yep. Todd Gerhardt: And so right now they’re getting close to first lifts going in that neighborhood. On Orchard Lane area we divided, if you remember that was a total reconstruction. With a total reconstruction we do all utility work. Sewer, water, streets, curb and road base. We opened up half of the road and the reason we open up half is for conditions like this year. That you know for some reason we can’t get all the work done in one construction season we don’t leave the roads into a dirt condition as we go through the winter months and unfortunately we are not going to be able to probably I say because I think there might be a little bit of hope but not much of opening up the second part of Orchard Lane for the reconstruction. So Paul’s going to have another meeting this week to confirm that but that’s our belief is that the second half will be held off until next year and the same thing on the assessments against those property owners that did not receive the benefit of having a road this year. So we have some details to work through on that but wanted to give you the heads up on that if you run into anybody that lives in those neighborhoods, that weather conditions have not allowed us to complete that project. 23 Chanhassen City Council – August 14, 2017 Mayor Laufenburger: Will there be any city council action required to adjust that timing Mr. Gerhardt? Todd Gerhardt: There may. Mayor Laufenburger: Okay. Todd Gerhardt: We’ve got to finalize some things with the contractor and meet with Roger and look at the contract and see how it’s exactly spelled out but get an early spring start on it so we can get the second half done in 2018. Mayor Laufenburger: Okay. Todd Gerhardt: Anything else you’d add to that Paul? Paul Oehme: No that’s a good summary, thank you. Mayor Laufenburger: Okay, anything else? Todd Gerhardt: That’s it. Mayor Laufenburger: I do have a question. I received some questions regarding the construction that is taking place, or it appears to be construction taking place west of Lake Ann th along 78 Street near Audubon. Can you talk about that? Todd Gerhardt: Yeah what goes through there is the Lake Ann Interceptor project. It’s a large sanitary sewer line that goes down to Blue Lake so sanitary sewer from our residents to the northwest flow through a large pipe and they’re doing some improvements to that pipe for infiltration. Mayor Laufenburger: Okay, this is a Met Council project, is that correct? Todd Gerhardt: That is correct. Mayor Laufenburger: Okay, so this is not a city project. Todd Gerhardt: No it is not. Mayor Laufenburger: Okay. Paul Oehme: So just to summarize too. They’re putting in a lift station right there. A temporary lift station so it will be pipes that will be put in in the future and it will go under Audubon and then under the pedestrian tunnel over by Paisley Park and some of the work will actually take 24 Chanhassen City Council – August 14, 2017 place right in front of Paisley Park. Some of the manholes that they’re replacing. That’s where their line ends up so right now what you’re seeing is just the construction for setting the temporary lift station on the MnDOT right-of-way there. Mayor Laufenburger: Okay, will their work interrupt or be invasive to either Paisley Park or Lake Ann? Paul Oehme: No. No, so we’re Lake Ann, Lake Ann Park is going to be fine. Paisley Park will operate normally. The trail underneath Highway 5 will have to be closed down temporarily during this construction time so notices will go out when that trail will be closed. Mayor Laufenburger: Okay, let’s make sure we put that on our website too. Paul Oehme: Absolutely. Mayor Laufenburger: Okay, thank you. Any other questions of administratively? Alright with that. CORRESPONDENCE DISCUSSION. None. Councilwoman Ryan 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 7:50 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 25