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CC 2018 07 09 CHANHASSEN CITY COUNCIL REGULAR MEETING JULY 9, 2018 Mayor Laufenburger called the meeting to order at 7:10 p.m. The meeting was opened with the Pledge to the Flag led by Steve Tarpey with Boy Scout Troop 479. COUNCIL MEMBERS PRESENT: Mayor Laufenburger, Councilman McDonald, Councilwoman Ryan, and Councilman Campion COUNCIL MEMBERS ABSENT: Councilwoman Tjornhom STAFF PRESENT: Todd Gerhardt, Chelsea Petersen, Kate Aanenson, Paul Oehme, and Roger Knutson PUBLIC ANNOUNCEMENTS: None. Mayor Laufenburger: Thank you Steve. Nice to have you with us tonight. I want to welcome everybody to this council meeting. Those of you that are present in the chambers as well as those of you that are watching on Mediacom cable channel or via our Chanhassen website watching this council meeting from anywhere in the world. Just as a record the council members are present tonight with one exception. Bethany Tjornhom is an excused absence. Our first action tonight is the agenda. Council members are there any modifications to the printed agenda this evening? There being none we will proceed with 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. Approval of City Council Minutes dated June 25, 2018 2. Receive Planning Commission Minutes dated June 19, 2018 3. Resolution #2018-38: Appoint Election Judges for State Primary and General Elections and Approve Rate of Pay 4. Approval of Retail On-Sale Intoxicating Liquor Sales for Off-Premise Consumption for Buy Chanhassen’s “Night on the Town” on Thursday, July 26, 2018 5. Approve Settlement Agreement with Mediacom All voted in favor and the motion carried unanimously with a vote of 4 to 0. Chanhassen City Council – July 9, 20128 VISITOR PRESENTATIONS. None. RED CEDAR POINT: APPROVAL OF PRELIMINARY AND FINAL PLAT WITH A VARIANCE FOR A TWO LOT SUBDIVISION. Mayor Laufenburger: Is this your’s Ms. Aanenson? Kate Aanenson: Yes it is. Mayor Laufenburger: Good evening. Welcome to the council. Kate Aanenson: Thank you. Thank you Mayor, members of the council. This item is a request th for a two lot split. It did appear before the Planning Commission on June 19. They did recommend approval and I will go through some of the comments on that in a minute but tonight before you then is for the final plat with approval of a variance and adoption by resolution. The location is at 3861 Red Cedar Point. There have been some other remodeling’s and tear down’s with variances on Red Cedar Point but this is a much larger lot. Just a little over one acre so it’s, meets the requirements as far as area. It’s deficient on some of the frontage which I’ll go through in a minute. Again the second lot in off of Minnewashta Parkway on Red Cedar Point and the house was built in 1957 and now they would like to be able to sell and split the lot. So the minimum requirement is 15,000. Both lots will exceed the minimum requirement. The variance is for the portion of the frontage. There is an existing garage on the proposed new lot and that will be removed and then built onto the attached to the existing house. So again the garage must be replaced. All single family dwellings do require two car garage. Except for the width on the one lot, the one will be 23,000. The other will be just over 20,000 square feet. Again there’s a pretty good tree canopy on both lots. As you can see on the proposed lot there will be some tree removal for the placement of the home but the significant amount of tree will remain. Both canopy covers do meet the coverage requirements. For the park plan there are trails and Roundhouse Park servicing this lot and there will be a charge for the park fee as a part of the extraction for the new lot. Again the right-of-way and easements. There is an existing drainage easement and new drainage easements will be required around the perimeters of the property. So the variance request itself then will be 10 feet deficient on the frontage so in looking at the opportunities to, other ways to accomplish the variance request would be one would be to put an eyebrow in. Do kind of a caddy whompis lot line or get a variance for a flag lot so the staff in reviewing this, because both lots exceed the minimum felt that the 10 foot deficiency on the frontage could be accomplished a number of different ways so we were supportive of the variance itself. So with that we did recommend approval because all the other requirements can be met. So again there was some neighborhood comments and those were just regarding a precedent of maybe not meeting the lot width and then future setback issues. There are no other variances and there’s plenty of lot coverage so if they wanted to add on even in the future either house has that capability. So again one property within the 500 feet, properties on Red Cedar Point did not meet the requirements. The subdivision can go forward with no variance so we are supportive of that and we believe that minimizing the impervious surface 2 Chanhassen City Council – July 9, 20128 within the shoreland district, which this lot is, and the importance of the 90 foot frontage and again because they are well in excess of the area and that we are recommending the preliminary plat approval with the variance. So with that we are recommending approval of the final plat with a 10 foot variance and the conditions of approval and adoption of the Findings of Fact and Decision and approval of the resolution so with that I’d be happy to answer any questions that you have. Mayor Laufenburger: Alright, thank you Ms. Aanenson. So we have a staff report. Is there any questions or comments from council? Mr. Campion I think you. Councilman Campion: Pointing at him. Mayor Laufenburger: Oh you were directing to Mr. McDonald. Mr. McDonald, do you have a question or comment? Councilman McDonald: I have a question. I read through the report and okay I’m a little confused. So if I am you can tell me but you said that if we did some type of a cul-de-sac then at that point there wouldn’t be a need for the variance and I didn’t understand that. How could that? Kate Aanenson: Sure. It’s on this one here. If you can see this one. This would create an eyebrow. We have one of those on Lake Lucy so it’d just create additional hard cover. Additional pavement width there and that would make the 90 foot frontage. Both houses meet 90 feet at the front setback line. It’s just that part that’s contiguous to the right-of-way so we have that situation on Lake Lucy. Do you see what I’m saying this eyebrow here so that would be paved so they’d have frontage on and dedicated. You could dedicate that so you’re just adding to the impervious in that area so we felt like, because you’re trading one benefit to you know to get to the frontage without the variance. Councilman McDonald: Right and that’s already an area where we have enough problems with runoff. Kate Aanenson: That’s correct. That’s why we didn’t feel that was a viable solution so there would be a way to make it work but it seems to make more sense to. Councilman McDonald: Okay, well I appreciate that and I have a better understanding now. Thank you. Mayor Laufenburger: As to your question Mr. McDonald, the answer is yes. You were confused. Councilman McDonald: Yes. 3 Chanhassen City Council – July 9, 20128 Mayor Laufenburger: Alright, any other questions or comments? Councilwoman Ryan: I just have a question. Mayor Laufenburger: Go ahead please Councilmember Ryan. Councilwoman Ryan: General area when I was looking at the map, can you, I think it was your very first slide and it’s not, I know we’re trying to be specific to this but how, when you divide those lots that doesn’t affect access to any of those center lots. Kate Aanenson: No. Councilwoman Ryan: It just when you talk about the development, the future development and we’re starting to change some of the lot lines and variances. Kate Aanenson: Correct. Councilwoman Ryan: How, if, and I know that was a concern of one of the neighbors. How does that then impact the subdivision or the division of other lots in that area? Kate Aanenson: Yeah, so that’s a good question because we’re working on some other ones right now. Everybody’s looking for lots that they can split right? So there’s, our goal as the planning department is to make sure you’re not creating, splitting one lot at the deference of somebody else. They can’t, you know so you’re land locking somebody so we have that to say, is there an opportunity to provide access to the piece to the south so Mr. Gonyea can tell you that was one of the first questions we ask because there is a potential for the property to the south to subdivide. There’s a big wetland and it’s a steep slope and so really the connection couldn’t be made at that piece but that’s a great question. That’s something we always look at to say, how does this affect the surrounding properties. Councilwoman Ryan: Right. Kate Aanenson: So in this piece it kind of goes by itself. Councilwoman Ryan: Okay. Kate Aanenson: The other properties would get access, you try not to come out additional access onto a collector so we would not want to provide additional access onto Minnewashta Parkway but there are other opportunities. There’s some just remnant pieces in there but we looked at other ways to assemble some of those that they could be subdivided. Councilwoman Ryan: Okay. Okay. 4 Chanhassen City Council – July 9, 20128 Kate Aanenson: That was a good question. Councilwoman Ryan: Thank you. Mayor Laufenburger: Anything else? Is the applicant with us this evening and would you like to address the council? State your name please and address. Tom Gonyea: Sure. Good evening Mayor and members of the council. Tom Gonyea representing Estate Development, 15250 Wayzata Boulevard in Minnetonka. I think Kate’s presentation was pretty complete. It’s a fairly simple lot split. We did look at some of the options in the other, accessing other properties around it and there is some restrictions to that. It really seemed like the best option to do it exactly how we’re proposing tonight and I think it will definitely be an add to the area and one new house and the other one, plan on putting an attached two car garage with a little bit of space behind it potentially. Anyways so it should enhance the value of that house as well. Mayor Laufenburger: Alright Mr. Gonyea you’re familiar with all of the Findings of Fact and all of the stipulations associated with the subdivision? Tom Gonyea: Yes I am. Mayor Laufenburger: Oka, alright. And they’re agreeable to you? Tom Gonyea: Yes they are. Mayor Laufenburger: Okay, alright. Any questions or comments for Mr. Gonyea? Okay, thank you very much Tom. Tom Gonyea: Thank you. Mayor Laufenburger: Alright. Let’s bring it back to the council. Unless there’s any further questions I would be ready for a comment or action. Councilwoman Ryan: Mr. Mayor? Mayor Laufenburger: Councilmember Ryan go ahead. Councilwoman Ryan: I’d like to propose a motion that the City Council approve the preliminary and final plat for Red Cedar Point and a 10.04 foot lot frontage variance for Lot 1, Block 1, Red Cedar Point as shown in plans dated May 15, 2018 subject to the conditions of approval and the adoption of the Findings of Fact and Decision and the resolution. Mayor Laufenburger: I believe we have a valid motion. 5 Chanhassen City Council – July 9, 20128 Roger Knutson: Yes. Mayor Laufenburger: We do, thank you Mr. Knutson. Is there a second to that motion? Councilman Campion: Second. Mayor Laufenburger: Thank you Mr. Campion. Any further discussion on the motion to approve the preliminary and final plat? Resolution #2018-39: Councilwoman Ryan moved, Councilman Campion seconded that the City Council approve the preliminary and final plat for a two lot subdivision, and a 10.04 foot lot frontage variance for Lot 1, Block 1, Red Cedar Point as shown in plans dated May 15, 2018 subject to the following conditions and the adoption of the Findings of Fact and Decision: Building: 1. Provide a 1:200 “clean” plat drawing. 2. Demolition permits required for the removal of any existing structures. 3. Buildings may be required to be designed by an architect and/or engineer as determined by the Building Official. 4. A final grading plan and soils report must be submitted to the Inspections Division before permits can be issued. 5. Retaining walls over four feet high require a permit and must be designed by a professional engineer. 6. Each lot must be provided with separate sewer and water services. Engineering: 1. Drawing 4 – Site and Utility Plan: a) Change detail 1006 (Gate Valve and Box Installation) to detail 1005 (Water Service). b) Add City details 5202A (Bituminous Street Patching), 5203 (Curb and Gutter), 5208 (Concrete Driveway), 5209 (Bituminous Driveway), and 5221 (Tie Card). c) An abandoned watermain exists between the sanitary sewer and the watermain. Add note to make this known to the sanitary sewer and water installation contractor. 2. Drawing 5 – Grading, Drainage, and Erosion Control Plan: a) Add City details 5301 (Rock Construction Entrance) and 5302B (Erosion Control for Individual Lots) b) Provide geotechnical report. c) Include first floor elevation of buildings on adjacent lots. 6 Chanhassen City Council – July 9, 20128 d) Existing and proposed elevations shall be shown at each lot corner and top of the curb at the lot line extension. e) Identify proposed soil stockpile locations. f) If importing or exporting soils for the development of the site is necessary, the applicant will be required to supply the City with a detailed haul route and traffic control plan. 3. SAC and WAC fees due at the rate in force at time of building permit application. Environmental Resources: 1. Tree protection fencing must be properly installed at the edge of the grading limits as shown on the plans dated 5/15/18. This must be done prior to any construction activities and remain installed until all construction is completed. Any trees lost to construction activities shall be replaced. 2. No equipment or materials may be stored within the tree protection area. 3. One tree must be planted in the front of each yard, as per city requirements. Parks: 1. Park dedication fees for one lot at the rate in force at the time of final plat approval. Planning: 1. An escrow of 110 percent of the estimated demolition costs for the demolition of the detached garage on lot 2, block 1 must be received, and the detached garage must be removed within four months of the approval of the final plat. Water Resources: 1. All permits and approvals must be received from other regulatory agencies prior to issuing permits. 2. Must show existing and proposed drainage. 3. The applicant will need to pay the surface water management (SWMP) fee for 1.010 acres at the rate in force at the time of final plat approval. All voted in favor and the motion carried unanimously with a vote of 4 to 0. Mayor Laufenburger: That motion carries 4-0. Congratulations Mr. Gonyea. Good luck with your subdivision. Tom Gonyea: Thank you. Mayor Laufenburger: Look forward to seeing that home built yet this summer perhaps. 7 Chanhassen City Council – July 9, 20128 Tom Gonyea: Soon as we can. Mayor Laufenburger: Alright, thank you very kindly. That concludes our formal business for this evening. COUNCIL PRESENTATIONS. Mayor Laufenburger: Are there any council presentations this evening? Mr. McDonald, do you have anything you’d like to comment on? Councilman McDonald: I do. Nothing to do with the council per se but I want to talk about the Red Birds. Well my other favorite subject. I just wanted to say that there was a couple of articles in the paper and I was really appreciative of the fact that the Villager had mentioned the fact that we’re now giving away a dollar to the kids that retrieve foul balls and I think that is really great and I’d like to see the word get out. You know bring the kids to the ball game. A dollar really goes a long way. This past weekend my grandson is visiting and got him to go just because of that and sure enough he got a foul ball and collected a dollar and before you knew it it was spent on concession stand goodies so the point is that a dollar now goes a lot further in buying concession stand goodies for kids so parents you need to bring your kids out. There’s always a bunch of new friends that they can make. It’s always a good game and again it makes for a lot of great summertime memories and I think when the kids can get out there and it’s one of the few places where I think they can actually run free so that’s all I wanted to say was I wanted to thank the paper for pointing that out and I hope that people will read it and more people will come to the games. It’s a great team this year. Mayor Laufenburger: And by the way they won last night. Councilman McDonald: Yes they did. Mayor Laufenburger: They beat our. Councilman McDonald: Beat our arch rivals. Mayor Laufenburger: Arch rivals the Victoria Vic’s 7 to nothing. Yeah so we’re making hay while the sun shines here. Any other council presentations? Todd Gerhardt: Just to add to that we are also supporting the dentistry business here in town. Mayor Laufenburger: With the candy. Todd Gerhardt: Yeah. 8 Chanhassen City Council – July 9, 20128 ADMINISTRATIVE PRESENTATIONS. Mayor Laufenburger: Mr. Gerhardt, any administrative presentations? th Todd Gerhardt: Oh I have so many thank you’s for the 4 of July activities from my entire staff. I’m always amazed after each day everything’s packed up. Cleaned up. You come out to the site and you can’t tell that there was 10,000 people at a dance underneath a tent. They pick up all the garbage and thanks to the volunteer fire department. The law enforcement. The Rotary. We cannot thank them enough for everything that they do to make that event really special for the community in organizing the parade. The beer garden. The Taste of Chanhassen. A lot of positive feedback from the Taste people that this is the best event they’ve had in a long time and appreciate the support that they got from the Rotary and the City and setting up the tables and chairs so it was just a nice event. The weather pretty much held off for a mid week event. Everybody did well. We introduced ATM’s for the first time this year. Amazing how much money was dispensed from two little machines that were spent at the Taste and probably the beer garden and the carnival so you know it was just a nice clean event. No incidents that I’m aware of where anybody was hurt or injured and that’s always the cherry on top of the sundae so thank you to all my staff. The fishing contest was well attended and organized again and just a great th way to celebrate the 4 and create memories with your family. So thank you to them and Todd Hoffman and his entire staff. And to have the longevity in this is huge. Knowing and seeing things year after year. Jerry Ruegemer, Katie, they’re the go to people when you have questions and they’ve experienced a lot. Especially Jerry over the years and that helps out in planning the event so. And Jill even got involved. We have compostable plates and napkins and forks and spoons and I forget the lady from the County from the Environmental Center. She worked her tail off in organizing and mix and matching what’s compostable. What was recyclable and she worked her tail off in making sure she got the right things in the right bins so what a great event. Mayor Laufenburger: I would agree Mr. Gerhardt. Those of us that experienced it, what you see here is just a grand small town all American reunion. 35 years now that this event has been going on in Chanhassen. Casablanca Orchestra and Ragtown provided band music on Tuesday evening. CBO, this is 21 years in a row. They consider this a branding event for their organization for Casablanca Orchestra. I had an opportunity to talk with a couple people who had been part of the park and rec organization in the past and they shared with me how they have observed that the event has grown over time. How at one time there was no carnival and then the carnival came in. And then no Taste of Chanhassen. Taste of Chanhassen came in. And it should give us all a great deal of civic pride to know that Chanhassen is branded so much by the welcoming, the hospitality that is provided through not only the city staff but the businesses. The Rotary. The 10 different Taste of Chanhassen vendors. Yes, the beer garden but everybody behaved so well and as long as you continue to provide the weather that you do Mr. Gerhardt then I think we’ll be in just fine shape. 9 Chanhassen City Council – July 9, 20128 Todd Gerhardt: I know one of the vendors said you’re in charge of this rain so it better not rain and I said well I’m in charge of the bad weather. You better talk to the Mayor if you want good weather so he must have talked to you Mr. Mayor. Mayor Laufenburger: Well we do have the National Weather Service right here in Chanhassen. Dan Luna is the manager of the National Weather Service and he tells me that he’s planning th good weather next July 4 so. Todd Gerhardt: Alright. Mayor Laufenburger: So we’re in good shape there. Anything else Mr. Gerhardt? Todd Gerhardt: No. Just thank you again to the Rotary and everybody that, the car show was great. There are so many things that we’re blessed for in this community and just fun for everyone and the kids especially. Mayor Laufenburger: And one last note. The Senior Commission raised over $1,000 dollars for bingo so go figure. That’s wonderful. Todd Gerhardt: They lined up an hour before bingo to get their spots. Mayor Laufenburger: Alright, council any comment on the correspondence elements? CORRESPONDENCE DISCUSSION. None. Councilman McDonald moved, Councilwoman Ryan seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 4 to 0. The City Council meeting was adjourned at 7:30 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 10