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CC 2018 10 22 CHANHASSEN CITY COUNCIL REGULAR MEETING OCTOBER 22, 2018 Mayor Laufenburger called the meeting to order at 7:10 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, Greg Sticha, MacKenzie Walters, Vanessa Strong, and Roger Knutson PUBLIC PRESENT: David Lieser 3881 Stratford Ridge Carin Moore 3480 Lakeside Drive, Minnetrista Kristina VanHauer 3480 Lakeside Drive, Minnetrista Dick Brown 2630 Orchard Lane M. Halama 670 Creekwood Street Briana Birkholz 3851 Stratford Ridge Harold Taylor 3861 Stratford Ridge Jane Bender 4001 Stratford Ridge Mark Halla 6055 Highway 212, Chaska Mayor Laufenburger: Thank you and good evening and welcome to this council meeting. To those of you that are present in the chambers with us this evening as well as those of you watching via Mediacom cable TV at home or via our Livestream from the world wide web. Nice to have you with us this evening. Let it be known that for the record all members of the council are with us tonight along with Mr. Gerhardt our City Manager. Mr. Knutson our City Attorney and other members of staff. First action tonight is on our agenda. Council members are there any modifications to the printed agenda we have in front of us tonight? There being none we will proceed with the printed agenda as it is printed. PUBLIC ANNOUNCEMENTS: INVITATION TO COMMUNITY CLEAN UP WATER QUALITY EVENT, SATURDAY, OCTOBER 27, 2018. Mayor Laufenburger: Our first item of business tonight is actually an invitation. The Chanhassen City Council wishes to invite all residents and service groups in our community to th volunteer on Saturday, October 27 are looking for volunteers who will work with the Chanhassen Environmental Commission and the Riley-Purgatory-Bluff Creek Watershed District to rake, sweep and shovel leaves, dirt and debris especially from curbs and streets at designated locations throughout the city. This organic Chanhassen City Council October 22, 2018 material is a major source of water pollution that causes excessive algae growth and depletes oxygen needed for fish and native plants. Impervious surface such as city streets provide a wonderful pathway for phosphorus to get into our local lakes. Volunteers are asked to register ci.chanhassen.mn.us. Go to the website and select a designated street to help clean. This would be great for neighborhoods. For boy scouts. Girl scouts. Civic organizations. I know that the Lions Club recently did a major city clean up. They volunteered good weather is that correct? Todd Gerhardt: Yes sir. Mayor Laufenburger: Alright. So if you would like to participate please visit at, as I said www.ci.chanhassen.mn.us/cleanup clean up for water quality. Thank you. CONSENT AGENDA: Mayor Laufenburger: Next item on our agenda is our consent agenda. Consent agenda items are usually considered to be routine and will be considered in a single motion based on staff recommendation unless anyone on the council or visitors present would like to have a discussion separate. We have consent agenda items 1 through 8. Is there any agenda item that would like to be taken off the consent agenda? Councilwoman Ryan: Mr. Mayor? Mayor Laufenburger: Councilmember Ryan. Councilwoman Ryan: Number 5 please. immediately following the consent agenda, is that acceptable? Councilwoman Ryan: Perfect. Mayor Laufenburger: Okay. Any other items to be motion to approve agenda items D(1) through (4) and (6) through (8). Councilman McDonald: So moved. Mayor Laufenburger: Thank you Mr. McDonald. Is there a second? Councilman Campion: Second. 2 Chanhassen City Council October 22, 2018 Mayor Laufenburger: Thank you Mr. Campion. Councilman McDonald moved, Councilman Campion seconded to approve the following 1. Approve City Council Minutes dated October 8, 2018 2. Receive Planning Commission Minutes dated October 2, 2018 3. Receive Park and Recreation Commission Minutes dated September 25, 2018 4. Approve Small Cell Facility Collection Agreement with Verizon Wireless 5. Item pulled for discussion. 6. Approve 2018 Service Agreement for Joint Assessment with Carver County Assessor 7. Resolution #2018-48: Approve Quote for Sanitary Sewer Televising (I/I) 8. Resolution #2018-49: Approve County State Aid Highway Designation for the Turnback of Highway 101 All voted in favor and the motion carried unanimously with a vote of 5 to 0. Councilwoman Ryan: Mr. Hoffman. Mayor Laufenburger: Mr. Hoffman are you prepared for this? Todd Hoffman: I am. Mayor Laufenburger: This is that trail between Century Boulevard and Arboretum right? Todd Hoffman: Correct. Mayor Laufenburger: Okay first of all Councilmember Ryan, was there a question or comment that you wanted to make before Mr. Hoffman? Hoffman to highlight it. 3 Chanhassen City Council October 22, 2018 Mayor Laufenburger: Okay, Mr. Hoffman. Todd Hoffman: Thank you Councilwoman Ryan, members of the City Council. And this is a County led project and the partners will include, financial partners will include Carver County, the Chanhassen Arboretum, Minnesota Landscape Arboretum and the City of Chanhassen and so as proposed to build a pedestrian trail from Century Boulevard on the south side of Highway 5 and then traveling west to Highway 41 where there will be an underpass. The underpass will lead underneath Trunk Highway 41. trail on the south side of Highway 5 to the entrance of the Minnesota Landscape Arboretum. If so this will have a deer fence and then the trail will be on the north side or just outside of that ance as a pedestrian or a bicyclist you can choose to either enter the Arboretum and pay the fee or have your membership card or you can just continue on the trail to the underpass which is at Minnewashta Parkway. And so the trail will be completed in about a one and a half year time span depending on the long ago for the community to have a trail, pedestrian trail to the Arboretum and this will complete that goal. Mayor Laufenburger: Did you have any other comments or questions? Councilwoman Ryan: No, just when we did the park review it was a highly noted trail gap and o thanks for your efforts. Mayor Laufenburger: And what, could you remind us what are the funding sources again Mr. Hoffman? eral grant. $1.2 million from Carver County and then each, the Arboretum and the City chip in about $600,000 at the current time. Mayor Laufenburger: Great. Well I recall when that funding alternative came in front of the Transportation Advisory Board. I think 2 or 3 years ago. Todd Hoffman: Correct. Mayor Laufenburger: And it was, it was important to get it passed so. 4 Chanhassen City Council October 22, 2018 us working together. Really happy to have the support of the City Council on the project. Mayor Laufenburger: Good. Okay. Councilmember Ryan do you want to make a motion to approve that one? Councilwoman Ryan: Yes please. l approves the Memorandum of Understanding between County of Carver and City of Chanhassen for Construction of Trunk Highway 5 Regional Recreational Trail and Underpass. Mayor Laufenburger: Alright thank you. We have a valid motion. Is there a second? Councilman McDonald: Second. Mayor Laufenburger: Thank you Mr. McDonald. Any further discussion? Councilwoman Ryan moved, Councilman McDonald seconded that the City Council approves the Memorandum of Understanding between County of Carver and City of Chanhassen for Construction of Trunk Highway 5 Regional Recreational Trail and Underpass. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Laufenburger: Thank you very much. VISITOR PRESENTATIONS. Mayor Laufenburger: Just a reminder to those that are present as well as those that are watching at home, visitor presentations are part of every regularly scheduled council meeting. We encourage residents or visitors who want to speak to anything in front of the council to do so at that and move to the next item on our agenda. FIRE DEPARTMENT/LAW ENFORCEMENT UPDATE. Johnson. You look eager to get to your training. Chief Don Johnson: Thank you Mayor and council. Mayor Laufenburger: Fire Chief Don Johnson. Nice to have you with us Chief. our activities over the last, since the last council meeting. Current staffing is at 42. We have 2 5 Chanhassen City Council October 22, 2018 school since the end of July. We hope to have them certified in Fire Fighter I by the end of December which will allow them that group of 4 is going through that. having that number of calls this year. We are total at 650 by the end of September which is, was er 2017 and our monthly averages went up to 72 calls per months so. 31 of those were EMS calls which included 8 motor vehicles accidents. We had one cooking fire. Our officer training for last month was incident command and residential structure fire response. We had EMS training and ththth then on the 16, 17 and 18 we had the manufacturer representative to do specialized training with our crew of the new ladder truck you got to see walking in the door tonight so. That training continues now in very small teams with the Captains working with the firefighters so service. The truck was actually inspected the last week of September by the truck committee and th arrived here in Apple Valley October 5. As a member of the Minnesota Chiefs Association as well as the Conference Chair for the Annual Conference it was a proud moment for me to have our truck on display in St. Paul with the ladder right in the middle of the conference show so it was, we got a lot of comments. That is the first 110 foot ascendant in the state of Minnesota so th council and city leadership on October 29 to the fire station at 6:30 service after that ceremony that night. The only other thing of importance is beginning October st 1 Ana Fatturi, our Admin Support Specialist has now started to go on medicals during the day. She actually went through and got her medical certification. As council may know she does work in Excelsior Fire part time as well and they also started that so in a way to augment some of us so kind of a big change for us this year on that. With change Mayor if I could ask for ing Fire Marshal Nutter up and discuss the fire prevention activities and the open house. Don has just done a wonderful job of making some changes. Not that we had to change to change but Don came in with a lot of experience in regards to actual fire prevention Mayor Laufenburger: Very well. pause for a second. Any questions or comments from the council for Chief Johnson? Okay, do so. Chief Don Johnson: Thank you. Mayor Laufenburger: Fire Marshal Nutter, nice to have you with us this evening. 6 Chanhassen City Council October 22, 2018 Fire Marshal Don Nutter: Thank you Mr. Some of you were here last time I was here and gave when Chief Johnson was absent and gave the fire department address but we did have the open house. It was a council night and again I apologize for that so VIP fire truck access for you guys next year for rides okay. the last year and we know that because we bought a lot of food and we ran out and had to send people to get more food. We gave out over 500 pieces of swag and bags to the kids and ran out of that. And we had long lines for our fire truck rides. We had new things this year. We actually partnered with community businesses so Lunds and Byerlys donated 500 cookies and milk. They came and actually were on site and handed them out. Cub Foods was on site handing out bottles of water. Chick-fil-A donated sandwiches to the staff and the workers of the event. Healthsource Chiropractic came. They were giving out free massages so it was a pretty good event. Overall we had new things. We offered a hands only CPR AED class to the public. That was successful and kitchen fire demo and then we demoed some smoke stops that we really push for people to put above their stoves. The demo went perfectly. As a matter of fact I spoke to a group of kids at Chapel Hill today and like 5 of them remembered exactly what it was called and what it did so. Fire Marshal Don Nutter: Learning took place yeah so it was a good time and we really appreciate, the fire department appreciates your continued support of being able to do these type of activities. Fire prevention has been turned from more of a week to a month for us. We have have an after school program with high training. All these things with kids that now days are really causing a lot of the fires and these are the kids that a Starbucks and the little kid pointed all I have. If you have any questions for me or comments. 7 Chanhassen City Council October 22, 2018 Mayor Laufenburger: Any questions for Fire Marshal Nutter? Well we love your energy and good idea Fire Marshal Don Nutter: Thank you. Mayor Laufenburger: Keep it up. Looking forward to that VIP ride next year. Alright. Next on our agenda is our law enforcement update. Lieutenant Kittelson. Lt. Eric Kittelson: Good evening Mr. Mayor, council members. I have the monthly law enforcement update for you this evening. September calls for service summary. We had 46 Group A crimes. 19 Group B crimes. 431 miscellaneous non-criminal calls for service. 361 total traffic incidents. 30 administrative functions and for a total of 887. Arrests, citations and verbal warnings summary. We had 49 individuals who were arrested and charged with 73 crimes in 40 separate incidents. The majority of those were for DUI and liquor law violations as well as drug violations and disorderly conduct. We had 55 traffic citations with almost half of those being speeding violations. Training update. Sergeant Breunig and Sergeant Stahn thth attended the FBI ELI. Executive leadership training hosted in Edina October 8 through 12. The Executive Leadership Institute is Part III of a 3 step leadership series that makes up the FBI ELI trilogy. The following is a list of topics covered in the ELI program. Trends in law st enforcement. Imp Century policing. Public trust and legitimacy. Bias and diversity. Employee wellness and power transformational leadership and social and emotional intelligence. Community relations. Deputies provided traffic control th for the Chanhassen High School Homecoming parade on Friday, October 5. The event was very well attended and there were no issues. I gave a presentation at the Senior Center on th October 8. This is part of an ongoing program we call Details with Deputies. We had a full house again and we discussed law enforcement training, education, and professional standards and again very well attended and we always usually have to break because of the questions continue so we do that regularly. Staffing update for 2019 Deputies Mike Hanson and Adam Heitz were selected as Patrol Corporals through our employee growth and development process. Very proud of Deputy Heitz and Deputy Mike Hanson and welcome them to our supervisory team as they continue their career development. And some Halloween safety reminders. Decorate costumes and bags with reflective tape or stickers and if possible choose light colors. -toxic face paint and make-up when possible. Have kids use glow sticks or flashlights to help them see and be seen by drivers. If kids are mature enough to be out without supervision remind them to stick to familiar areas that are well lit and to trick and treat in groups. And for the non trick or treaters remember that popular trick or treating hours are 5:30 to 9:30 so be especially alert for kids during those hours trips and falls. That concl Mayor Laufenburger: Alright thank you Lieutenant Kittelson. Mr. Campion did you want to make a comment? As a follow up to our work session. 8 Chanhassen City Council October 22, 2018 Councilman Campion: I spoke to Lieutenant Kittelson in the hallway. Mayor Laufenburger: Okay you did already, okay. Councilman Campion: And he was going to reach out for our work session follow-up after the council meeting. he work session. Councilman Campion: So we had a work session talking about mental health crisis response options and I just asked that you know Lieutenant Kittelson or someone that he delegates to teach the council a bit more about the interaction with the Carver County Mental Health Crisis Team and how law enforcement interacts with them. Mayor Laufenburger: Okay, can you speak to that Lieutenant Kittelson? Lt. Eric Kittelson: Yes. So I do have a scheduling conflict but Sergeant Bones was going to monitor the meeting online and join you as you reconvene afterwards in the work shop for any together for a future work shop or meeting. Mayor Laufenburger: Yeah I think it would be great if we could have some comment after this segment on a work session that would be okay too. Are you alright with that Mr. Campion? Councilman Campion: Yeah that sounds good. Mayor Laufenburger: Okay, any other questions or comments for Lieutenant Kittelson? Thank you. Lt. Eric Kittelson: Alright, thank you. Mayor Laufenburger: Oh by the way, and Halloween is celebrated, when will trick or treating occur? Lt. Eric Kittelson: Well you know popular hours are 5:30 to 9:30. Mayor Laufenburger: But what day? Will it be on that? st Lt. Eric Kittelson: October 31. 9 Chanhassen City Council October 22, 2018 Mayor Laufenburger: Wednesday right? Lt. Eric Kittelson: Yes. And I believe daylight savings time is the following Sunday afterwards so keep that in mind. n it will be a week later right? Mayor Laufenburger: Yeah. Okay, thank you Lieutenant Kittelson. Lt. Eric Kittelson: Alright, thank you. ORCHARD LANE AREA STREET AND UTILITY RECONSTRUCTION PROJECT: PUBLIC HEARING, ORDER PROJECT AND AUTHORIZE PREPARATION OF PLANS AND SPECIFICATIONS. Mayor Laufenburger: Alright the next item on our agenda is, we have two public hearings this evening. First is a resolution regarding 2018-50. This would be street and utility reconstruction Paul Oehme: Yes it is. Mayor Laufenburger: Welcome. Orchard Lane street improvement project that is proposed for next the plans and specifications. So Orchard Lane area is located on the northeast side of Lake Minn th include Orchard Lane, Oriole Avenue, 64 Street, Forest Avenue and Forest Circle. These are, needing improvement. The pavement conditions are fairly low. As you can see here they range between 33 and I think 13 with the park down below is 43. We rate our streets again from zero to 100. 100 being a new street. Zero being a gravel street so these are, these streets are definitely on the lower end of our paving condition and are in the range of streets that should be reconstructed. Considered for reconstruction. So again the purpose of the project is to improve these streets like we have been doing throughout this area. Streets in Orchard Lane area were th built in 1974 and are due for reconstruction. 64 condition or the OCI is the overall condition index of the streets range between 13 and 36 which is with an average of 26 which is definitely within the range of a reconstruction area. Any roads 10 Chanhassen City Council October 22, 2018 that are rated below a 45 are considered in the reconstruction area. Streets basically cannot be maintained with normal pavement management techniques like a sealcoat or just pothole about. Heavily potholed. Heavily cracked areas. Alligatored areas and deteriorated pavement with no curb and gutter. So what we are proposing is again to reconstruct these streets to our city of gravel here and then 18 inches of select granular which is the sand material that we use to both sides of the road. 4 inch drain tile so this all, this helps drain the water away from the pavement. Helps the pavement last a little longer and then it also gives the property owners an opportunity to tie into that drain tile if they, their sump pump discharges in this area as well. So proposing to put the streets back to the current width of the existing streets t we did over in Minnewashta Heights so. So watermain in this area The watermain is cast iron which has a tendency, more brittle and when it becomes older, we ul if we put a new street over this old are proposing to put back PVC watermain which is our standard pipe material that we use throughout the community in new developments. New service stubs would also be extended to each of the properties along the corridor so it would have new curb stop boxes and new copper that eas. Leaking joints and those type of things to try to take care of some I and I issues and then also putting in ironide barriers in sanitary sewer system. Storm sewer improvements in this area are fairly challenging. The city right-of- what the staff and the consultant have come up with was constructing a rain garden at the also looking at sump pump, or sump manholes throughout the development or the project area as well. That would capture some of the sediments and the floatable materials before they then also down on Forest Circle as well to try to capture that water before, and try to treat the water within the area before it discharges. This is a rendering of what the rain garden would potentially look like on Orchard Lane at the intersection of Oriole. We still need to work with 11 Chanhassen City Council October 22, 2018 Mayor Laufenburger: Is the property owner that business? Paul Oehme: It is, correct. Mayor Laufenburger: Okay. here. So the street costs are, we estimate at about $1.254 million dollars. Storm sewer improvements are in the range of $354,000. Sanitary sewer improvements are estimated at $182,000 and then the watermain replacement is a little over $500,000 for a total estimated project cost of right around $2.3 million dollars. projects is to assess 40 percent of the benefiting cost of the streets back to the property owners. In this case there are 48 properties within the project area that would benefit from these th improvements. Again the older sections of streets would be assessed at a different rate than 64 Street project so Orchard Lane, Oriole Avenue, Forest Circle and Forest Avenue would be proposed at this rate so total project street cost estimated for this section is a little over $780,000 with a 40 percent proposed assessment amount. We divide that into the 36 assessable units in this area and we come up with an estimated assessment cost of $8,720.13. Again this is just an estimate at this time. Once we -evaluate or re- calculate the assessments based on the cost that we actually receive and re-estimate the assessment amount. The assessment terms that the City proposes through the assessment practice for this project is a 10 year assessment at 2 percent over prime rate at the time of the th assessment hearing which would be next year. Likewise for 64 Street the cost associated with th 64 ents. There is 12 assessable units there. 40 percent of the construction cost for just the streets is a little over proposed assessment term of 10 years at 2 percent over prime rate. So proposed schedule if this together. Finish up that. The next steps would be to approve the plans and specs and order the advertising for Mid December sometime and then we would have a neighborhood meeting in January with the th proposed assessment hearing and award of contract in January as well. On January 25 we some other projects in April. Right after road restrictions are off and then have substantial completion in September you know based upon weather and schedule. Mayor Laufenburger: Thank you Mr. Oehme. Nick is there anything you need to add on this? Nick Preisler: Not at this time Mr. Mayor. Mayor Laufenburger: Okay. 12 Chanhassen City Council October 22, 2018 Nick Preisler: Thank you. Mayor Laufenburger: Alright. Staff any, before we open the public hearing any questions from staff? Excuse me, from council of staff. Anybody? Just Mr. Oehme, did you conduct the th neighborhood meeting on October 18? Mayor Laufenburger: What were the results? Paul Oehme: We had 3 property owners that were in attendance and they had some great questions and they had some good comments for us to take a look at. I would say all 3 property owners were in support of the project moving forward. So we did have a neighborhood meeting last year in August as well too Mayor Laufenburger: But assuming things move forward you said the next meeting would be in January, is that correct? Mayor Laufenburger: Okay, alri open the public hearing. This is a public hearing. If you would like to speak to the council or staff related to this resolution 2018-50 which is street and utility reconstruction on Orchard Lane and the surrounding area, please step to the podium and state your name and address. We welcome anyone. Okay. Dick Brown: Good afternoon or good evening. Mayor Laufenburger: Good evening. State your name and address. Dick Brown: My name is Mayor Laufenburger: Alright. Dick Brown: I just have a couple of questions. First is kind of silly maybe but on the boulevard . Paul Oehme: Yep. 13 Chanhassen City Council October 22, 2018 Mayor Laufenburger: Did you carve your initials in it Dick? Dick Brown: Not yet but I will. Mayor Laufenburger: You will. Dick Brown: Pardon? Dick Brown: It is. Paul Oehme: Okay. Dick Brown: Yes sir. Mayor Laufenburger: And did you say your address is 2630, is that right? Dick Brown: Right. 2630 right. Mayor Laufenburger: Okay, did you have any other comments or questions? Dick Brown: Yeah the other question I have is, in the reading it says the assessment methodology or amounts are not determined by the City Council meeting which is this. These issues will be addressed probably at a later meeting but there was some talk prior to this about a different methodology and it was going to be presented to the City Council charging maybe utilities to pay for the project. Has that ever been done or addressed? Mayor Laufenburger: Is it Mr. Brown, is that correct? Dick Brown: Yes. referring to is a consideration that the council is weighing to, how to fund the street improvement projects in the future. are called franchise fees in conjunction with other revenue sources, including the assessment of the 14 Chanhassen City Council October 22, 2018 benefiting property owners and since the council has not made a final decision on that going change could be made before this construction project takes place and a different methodology could be used but at present time the current practice that we use is assessing 40 percent of the street repair to the benefiting property owners and then the remaining 60 percent is essentially funded out of the pavement management program fund which is funded by all citizens in the village. Dick Brown: And I understand all that. Is there a time line for this council to look at the other method? Mayor Laufenburger: Well I know that city staff is encouraging the council to act as quickly as ake that decision yet Mr. Brown. done but as long as we save that tree. Mayor Laufenburger: Alright. Is there a yellow ribbon on it? Dick Brown: Not yet. Paul Oehme: Not yet, okay. Mayor Laufenburger: Not yet, okay. Alright, thank you Mr. Brown. t oak tree as much as we can for the utilities so it did not disturb the soil around it. Was it last fall I think we went in and, in conjunction with the forester. We hired a contractor to trim up some of the roots along the roadway there so that the con that will be another prevention. Another help to try to save that oak tree. Mayor Laufenburger: Okay, alright. Thank you very much Mr. Oehme. Is there anybody else who would like to spea going to close the public hearing at this time. Bring it back to the council for any questions, comments or direction. Councilwoman Ryan: Mr. Mayor? Mayor Laufenburger: Go ahead Councilmember Ryan. 15 Chanhassen City Council October 22, 2018 Councilwoman Ryan: Just two questions and I wanted to wait until after the public hearing because it has to do more of the plans and specs so to speak. I know we ran into some challenges with the Minnewashta Bay project with the moving of utilities which caused significant delays that same thing here? great question Mayor, Councilmember Ryan. So actually we worked with done in the next couple weeks here but we really strongly encouraged the utility companies to move their in the last project did. Councilwoman Ryan: G brought up and when you put plans together do you ever give any consideration to when you manager for help with communication with neighbors and being on site. Is that something that we would encourage? Nick Preisler: Yep, thank you for your question Councilmember Ryan. WSB has a staff. We do incorporate a construction manager into the project. Councilwoman Ryan: Are they there every day overseeing it? are there daily inspecting the project. Working with the contractor. We attend the weekly mee several times a week to make sure the project is going as scheduled. On grade during to happen the day of and the day after and try to stay tuned into that process as much as possible without actually being on site every single day to try to help preserve funds. Councilwoman Ryan: Okay and I really part of it has to do more with the communication. I advance warning so just some of those with that last road construction project. orward and work into a pre- construction meeting with the contractor and see what we can do to work with the contractor proactively to have better communication with the residents on those items. 16 Chanhassen City Council October 22, 2018 Councilwoman Ryan: Perfect, thank you. Mayor Laufenburger: Anything else? Councilwoman Ryan: No thank you. Mayor Laufenburger: Mr. Oehme who is the communications focal point on city staff for these projects? basis so we have, we give, he has a cell phone that we give out to all of our communications to well and you know property owners can always call engineering department and if they have any specific questions too. Mayor Laufenburger: So is that Mr. Ferraro? Paul Oehme: Mr. Ferraro. Mayor Laufenburger: Steve Ferraro, okay. Alright. Any other questions from staff? I mean from council. Mr. Oehme what about the April start? Are there school buses that are on that Orchard Lane? Paul Oehme: There are. Mayor Laufenburger: Talk about that please. about busing th them on as need be basis to make sure that those drop off and pick up points are working correctly. Mayor Laufenburger: Okay and that will be part of your neighborhood meeting too in January is that right? Paul Oehme: Yep, yep. Mayor Laufenburger: Okay, alright. With that any other questions or comments from council or any direction from council? Councilman McDonald: Mr. Mayor. 17 Chanhassen City Council October 22, 2018 Mayor Laufenburger: Yes sir. of plans and specifications for the 2018 street reconstruction project number 18-01. Mayor Laufenburger: Alright we have a valid motion. Is there a second? Councilwoman Ryan: Second. Mayor Laufenburger: Thank you Councilmember Ryan. Any further discussion at this time? Resolution #2018-50: Councilman McDonald moved, Councilwoman Ryan seconded that the City Council orders the project and the preparation of plans and specifications for the 2018 Street Reconstruction Project No. 18-01. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Laufenburger: That motion carries 5-0. Thank you Mr. Oehme. Paul Oehme: Thank you. Mayor Laufenburger: Thank you Mr. Preisler. Nice to have you with us. PUBLIC HEARING: CERTIFICATION OF DELINQUENT SEWER AND WATER ACCOUNTS TO THE COUNTY AUDITOR. Greg Sticha: Yep. Mayor Laufenburger: You and anybody else? Greg Sticha: No, just me. Mayor Laufenburger: Okay, alright. This also requires a public hearing. Greg Sticha: It does. Good evening Mayor and council. On an annual basis the City Council certifies to property taxes delinquent sewer and water bills from the customers in the city. This is allowed under Stat 203 accounts with a total value of $110,000 as compared to last year of 206 accounts totaling $119,000. Typically between now and when the amounts were certified to the council we get a significant payment of this hundred and some thousand dollars. 18 Chanhassen City Council October 22, 2018 Greg Sticha: Usually 20 to 30 percent. Mayor Laufenburger: Okay. Greg Sticha: So between now and then we will have a number of delinquent accounts be paid either in partial or in full. If the set up a payment program with the City we do allow that under certain circumstances assuming that the similar as compared to previous years. In all cases the delinquent accounts have received at a minimum two notices and in most, almost all circumstances 4 or 5 notices of the delinquency so delinquent over a year. So with that I would ask the council to certainly ask any questions if they have them about the delinquent accounts and then open a public hearing and allow for public comment. Mayor Laufenburger: Okay. Council any questions of Mr. Sticha regarding this list or the open a public hearing. Public hearing is required for it prior to the passing or the action on this the council at the podium at this time. Alright there being none I will close the public hearing and bring it back to the council for any questions or comments or action. Mayor Laufenburger: Alright, Councilmember Tjornhom. certifying delinquent utility accounts to the Carver County Auditor. Mayor Laufenburger: Alright we have a valid motion. Is there a second? Councilman Campion: Second. Mayor Laufenburger: Thank you Mr. Campion. Alright any further discussion? Resolution #2018-51: Councilwoman Tjornhom moved, Councilman Campion seconded that the City Council adopts a resolution certifying delinquent utility accounts to the Carver County Auditor. All voted in favor and the motion carried unanimously with a vote of 5 to 0. 19 Chanhassen City Council October 22, 2018 Mayor Laufenburger: That motion carries 5-0. Thank you Mr. Sticha. And by the way would you mind just as a follow up, before you go to the auditor could you just send a note to the council indicating how many accounts and the dollar value, what was paid between now and when you send it to the Auditor just as a point of record. Thank you very much. GLENDALE DRIVE SUBDIVISION REQUEST: APPROVE PRELIMINARY PLAT FOR 5 LOTS AND A VARIANCE FOR A 50 FOOT WIDE PUBLIC STREET. Mayor Laufenburger: To whom does this belong? Kate Aanenson: I will start and then. Mayor Laufenburger: Alright Ms. Aanenson nice to have you here this evening. Kate Aanenson: Thank you, and then the City Engineer will take over the bulk of it. Mayor Laufenburger: Okay. Kate Aanenson: So this application, when the applicant owner Lake West Development, Perry a little bit more detail but I also just wanted to let the Planning Commission, I mean the City th 120 days. Mayor Laufenburger: When you say the application, you mean the action deadline? Kate Aanenson: Correct, action deadline yes so. With that there were two requests for this acres to be divided into 5 lots and the property is located just to the west of Minnewashta time on and then the City Engineer will talk more specifically about those because most of the issues are regarding street improvements and an additional stormwater. So this item first th appeared before the Planning Commission on August 7. At that meeting the staff felt that there was multiple concerns and was felt like they needed to be addressed before this application went of the things that we did ask the engineering go through that in a little bit more detail but some of those changes were made even nd as late as last Friday. So it did reappear on October 2. At that time the staff had recommended again approval with some variances. It did include in your cover memo that there was a question from the neighboring property to the south regarding the extension of the street and that it was different application of hardship in our city 20 Chanhassen City Council October 22, 2018 code so hardship is the application here and the variance that was requested on this was for right- of-way for the street and we had recommended 50 foot of right-of-way which is typical in that area so we thought putting 60 foot in would be an undue hardship and that was our interpretation. Some of the neighbors to the south had a different opinion on that. That opinion also was reiterated by the City Attorney and that was included in your cover memo on that. recommendation is to accept a 50 foot right-of-way which would be a variance from the 60 foot right-of-way. Kate Aanenson: Correct. Under the. Mayor Laufenburger: Is that correct? Kate Aanenson: Under the subdivision regulations the test then would be hardship. Mayor Laufenburger: Okay. Alright. Kate Aanenson: And there was a little bit of difference of opinion on that so just again some of the background issues. to the south. The biggest issue for the staff as I said from the beginning is to, how do we through some of the different layouts in a minute and the issues there but this property has a little property here. We do, are recommending that that property. Excuse me, that that property be to t This other piece up here, the flag would then be creating an outlot. The property is within the shoreland district. This is the area shaded in green so th the height of buildings that can be within that area. So this again shows that property here. The city owned property and then this property, this portion of that city owned property makes the most sense to go to 3931 Country Oaks Drive and not this parcel because it creates a, just a little interesting nub there so we think it needs, should be serviced to the south. There are some challenging grades to the property and this comes into play when you look at how the property is to be served by stormwater. Again looking at all the properties together is what we do is saying gardens in the back of all those lots and we fe those properties as properties change over. Different homeowners not managing those and accommodating sufficient stormwater so that I know the developer has worked on making those changes. One of the other issues that we look at when a subdivision comes in is where is the this area and then also there is the trail that would get you down there. I know questions have 21 Chanhassen City Council October 22, 2018 manage is between the HOA and the existing underlying property owner that they would resolve that so we did not address that in our staff report. Now I regarding the right-of-way and the stormwater issues. Paul Oehme: Thank you Ms. Aanenson. City Council members. So just wanted to touch a little bit, Ms. Aanenson talked about the plat and the property on the west side. On the east side on -of- to us on the plat exactly comparing the plat which is on the, the proposed plat is on the right hand side and the GIS from -of-way is outside of our trail and in the right-of-way along Minnewashta Parkway. Mayor Laufenburger: Are you asking council for that action tonight or not? Mayor Laufenburger: Okay, alright. Paul Oehme: The staff report yep. Kate Aanenson: Again to be clear so this is preliminary plat. When this comes back for final plat it would have to have that resolved. Mayor Laufenburger: Right. Paul Oehme: That and then so again like Ms. Aanenson had talked about access and these fill in developments are very challenging especially when we have the grades like we do on this parcel. This is just again an overlay of the area. Stratford Ridge was developed in I think 1988. The plat here does show that the right-of-way abuts the property to the north which typically indicates that there was some thought about extending that road out in the future. You know -de-sacs as well and of this area. How things potentially could develop and when Stratford Ridge and some of the options that the council at that time looked at for connecting neighborhoods and for orderly in does show that the Stratford Ridge development to the properties to the south of the property in question right now. Again as Ms. Aanenson talked about the grades are very challenging. Again the grades fall mainly off to the 22 Chanhassen City Council October 22, 2018 s some steeper grades to the north of Stratford Ridge which makes any roadway extension in this area a little bit more challenging. This is a ghost plat that the developer had looked at. We asked the developer to look at how potentially these two lots to the south would develop. You know this is a concept. Again it would be challenging I think to make this layout to the south work just because of the grades that we know of. A lot of fill potentially would have to go in there. And then also from a prop So again he future. Look at you know how to service future parcels down the road. You know looking at the topography. The drainage. The traffic. Just trying to look at where services, city service would be. How to service these parcels in the future and then also just arranging the, arrangement of owners and this is both of these sections are in the subdivision ordinance so this is again relates to the property owners to the south of the property in question. One of the items that was discussed at the Planning Commission was the length of a cul-de-sac. So one of the, again the developer had proposed extending Stratford Ridge farther to the north to service the two properties. You know the definition of a cul-de- -de-sac is basically a dead end street. A no outlet street is a street that has one way in and one way out but it has another finger off to the side so I think our definition is based upon our, our definition is based upon you know emergency vehicles. You know getting in and getting out of these, trying to reduce the amount of one way in and one way out access points for roadways just from neighbors as well. Kate Aanenson: If I may Paul. Paul Oehme: Yep. Kate Aanenson: The City Attorney Mayor Laufenburger: And has our attorney weighed in on that? Roger Knutson: I concur with the staff -de-sac begins at Minnewashta as opposed to the corner of Stratford and. Roger Knutson: Correct. Kate Aanenson: Correct. 23 Chanhassen City Council October 22, 2018 Mayor Laufenburger: Alright. have you know north and south of Minnewashta inste -de-sac road. And again so if a cul-de-sac would be extended up a little farther it would be longer than 800 feet. road in the future. So these are conceptual layouts of potentially how to service properties. The properties to the south of the development in question. These were produced by the property owner to the south and staff did look at other options as well too and have laid out a few options so this layout does show a 60 foot wide road which you know staff is comfortable with a variance down to 50 feet so that gives the developer a little bit more wiggle room to play with as well but we are looking at a cul-de-sac and less than 800 feet. This alignment, this layout does lend itself better to future development on these two parcels just because of the existing grades that are out there today. It also gives us more opportunity to manage the stormwater on site. Likewise again this another option for this is a 5 lot subdivision here and just kind of showing illustratively the cul-de-sac layout as well. Mayor Laufenburger: Mr. Oehme this is a concept from the, not from the property owner on the top stripe but from the second stripe, is that correct? Paul Oehme: Correct. Mayor Laufenburger: And the property owner of the top stripe, Lake West, have they seen this? Kate Aanenson: Yes. not to connect. Kate Aanenson: Make the connection. Mayor Laufenburger: And SWM means stormwater management right? That blue area. Paul Oehme: Right. 24 Chanhassen City Council October 22, 2018 wing for if water, if it were necessary to treat with an excessive amount of water this is where it likely would go and this is where you need to be prepared is that correct Vanessa? Vanessa Strong: Yep that would take the entire development as shown. M Todd Gerhardt: Mayor? Mayor Laufenburger: Mr. Gerhardt. Todd Gerhardt: It should be noted that the development to the north would need some additional right-of-way from the property to the south which is the shaded area. Mayor Laufenburger: Yep in order for those lot sizes to meet the shoreland overlay, okay. Kate Aanenson: Correct. off of Glendale Road and development and having that developer, or h eliminate and then access for Lot 2 here would be very problematic off of Country Oaks Drive as well since the right-of-way is limited there as well. Ms. Strong, the Water Resources Coordinator to talk about stormwater management. Vanessa Strong: Thank you. You know every development we look at has to meet the same basic requirements for regulating stormwater but every development is a little different depending upon certain site constraints. For this particular development there were 5 kind of highlight areas that we really focused our attention on and those were based upon the topography of the site. How it grades from the north to the southeast and all directly onto the property to the south. The geology of the site. You know the underlying soils and the very high water table. The size of the project. How many lots are they trying to do and then the long term function and maintenance. How are they going to take care of the stormwater for this type of development and that was really how we were focusing our review to have a more thoughtful and responsible stormwater management system that fits for the city and the developer and the community. So e in with 5 small rain gardens on the south side on the bottom of each of those lots. Staff was concerned that the emergency overflows did not meet city code as well as how were they going to maintain each of th those. Staff had different discussions with the developer and on October 11 the developer did 25 Chanhassen City Council October 22, 2018 Lot 5 with a swale to capture the stormwater and direct it all into that area and that creates an emergency overflow that does meet city code. There is one emergency overflow only. That goes to the property directly to the south and staff still wants them to work with that property supportive of this design. The applicant has said that they will provide the necessary stormwater management report and other technical pieces to prove that this can work but at the moment staff is supportive of this conceptual design at this time. You do not need to read all of this. I just wanted to highlight some of the technical things that we need to look at when we talk about soils. The gist of it is that in this area we have very highly erodible soils. We have a very high water table. We have very poorly draining clay soils which creates runoff and rate control concerns which is why we were so concerned about the impact to the property to the south. We really wanted to ensure that as this development came in it did not create stormwater flooding erosion issues to the properties to the south. Next. Operation and maintenance. This is an ongoing issue for all stormwater in the city. Under our permit to the Minnesota Pollution Control Agency we do have to make sure that all these developments have to have a way to ensure that they are being taken maintenance plan that takes care of them permanently. There have been several issues in the city where an operation and maintenance plan was maybe placed on one property owner and it has created just so many concerns that we have moved to the concept of an HOA, and everybody loves an HOA but in this case it allows them to create a funding mechanism in perpetuity to provide to make sure that these are taken care of. Next. Placement of easements. Again these are, this is a private stormwater pond. This is just like a private driveway or private parking lot. ormwater device and so we just have to make sure comes in and that kind of thing so. Next. And then the last key piece is that there are several jurisdictional agencies involved. The DNR was one of them. In this case Minnehaha Creek so final approval and release of permits will depend upon their release of approval and permits as well and those are the big key items that we looked at for stormwater. recommended to the Planning Commission is that we provide access to the property to the south so they are consistent with the city ordinances not having another additional access on a collector hat the lot lines can be adjusted and with a 50 foot right-of-way picking up the extra property from the city that the 5 lots can potentially still be achieved so we are recommending the 2.4 acres with up to 5 lots and then the outlot which is that remnant piece and then the variance for the 50 foot right-of-way and Findings of Fact are in your staff report and those are based on the plans received August 28, 2018 so again that would be providing a public street to the south. 26 Chanhassen City Council October 22, 2018 Mayor Laufenburger: Okay. Ms. Aanenson would you do me a favor when you are, whoever has access to it. Could you bring up the concept plan which shows the presence of a 50 foot right-of-way. Can you, I think somebody, was it one from. There. Okay. So this is, this shows a specific location but city staff is not suggesting that this has to be the precise location, is that correct? Mayor Laufenburger: Okay. And so this is what came out of the Planning Commission is that correct? Kate Aanenson: The Planning Commission, again there was some ambiguity about the saying we interpret the length of a cul-de-sac wrong so Mayor Laufenburger: Okay. Mayor Laufenburger: Alright. So as it stands right now staff is recommending to the City Council to approve up to 5 lots on this property, this top stripe and included in that is a 50 foot right-of-way location which to be determined later. Kate Aanen Mayor Laufenburger: Okay. Now this does not require a public hearing is that correct Ms. Aanenson? Mayor Laufenburger: Okay but I think that if the council may want to hear from both the applicant and also from the adjoining property owners evening. Councilwoman Ryan: Mr. Mayor? Mayor Laufenburger: Councilmember Ryan, go ahead. Councilwoman Ryan: A follow up to your question. 27 Chanhassen City Council October 22, 2018 Mayor Laufenburger: Yeah. Councilwoman Ryan: So what is the staff recommendation? Are you recommending one of these plans or just the 50 foot? -of- way going to the south. Councilwoman Ryan: Right. two pieces to the south. Councilwoman Ryan: Correct. -of-way with the have -of-way comes in here and how that works out. Kate A challenging as the City Engineer said. It gets to be a little bit longer cul-de- om the north. Todd Gerhardt: Mayor, council members. Mayor Laufenburger: Mr. Gerhardt go ahead. Todd Gerhardt: If I can add. Paul do you want to show Concept 1? Okay Concept 1, Mr. Ryan. Mayor Laufenburger: Who is with Lake West. Todd Gerhardt: Right. Loses a lot based on this concept and so we looked at Concept 2 and he still has the 5 lots but he needs to acquire some additional land from the property owner to the changes of the cul-de-sac coming in. Councilwoman Ryan: And what is the feedback from the properties to the south about? 28 Chanhassen City Council October 22, 2018 Todd Gerhardt: Yeah the property owners that comes off of Stratford do not want the cul-de-sac extended to the north. Councilwoman Ryan: Yeah but we can wait. Kate Aanenson: Yeah they want access. recommendation and of course council we can modify that if we choose but the recommendation is for that top property, which is not outlined in red but the property right above it, be allowed to be subdivided into, up to 5 lots with a 50 foot right-of-way and that 50 right-of-way specifically is there to provide access to the Boylan property which is immediately south and the Kertson property which is just south of that so. like to speak off guard. Just state your name and address please. Lake West Development, 14525 Highway 7, Minnetonka, Minnesota. Mayor Laufenburger: Welcome Mr. Fretham, nice to have you here. Curt Fretham: Thank you. Where do I start? There was certainly a bit of confusion on our part. st 20 plus years, if this overhead is working. to get there. Just give us a second. We were experiencing a little bit of technical difficulty earlier. W in the past Mr. Fretham, is that what you want to show us? Mayor Lauf Todd Gerhardt: There we go. 29 Chanhassen City Council October 22, 2018 Curt Fretham: Thank you. Mayor Laufenburger: Okay if you can just focus it there Nann. Okay Mr. Fretham. about this size. Around 5 lots. I specialize on i controversial developments. A lot of discussion about should a variance or variances be approved. Where should the street come in? How should it be developed? So many questions. homes with a non- de recommendation. Well wait a minute, let me step back. After the Planning Commission voted to approve our 5 lot development as proposed without a variance, made that recommendation to recommended approval with the variance and I just had my team queue up the recording so if Mayor Laufenburger: So you should give us what your interpretation of what you heard Mr. Fretham. Curt Fretham: And I think all these people heard the same thing. There was nothing in the, in their recommendation for a right-of-way of any kind or a commented here from your staf The words were, the development cannot, I lost my train of thought on that. Be a detriment to t the use or need for granting a variance. Why are we trying to come up with such a convoluted proposal for a 5 lot development that requires multiple variances and is a detriment to our hear of our debate on the problems and challenges with alternates 2 through whatever number iness long enough. We looked at lots of layouts on how to do it before we submitted what we did. things up as we go and come up with a convoluted type of proposal for you to consider. variances. 30 Chanhassen City Council October 22, 2018 Curt Fretham: That is correct. on what you heard the Planning Commission say you believe that you should be able to develop your lot with those 5, your plat with those 5 lots. Curt Fretham: We know that. Mayor Laufenburger: Okay, alright. You mentioned these developments. Do you take these from here all the way through to completion Mr. Fretham? Curt Fretham: Yeah take them through to, we plat them. Mayor Laufenburger: Yeah. builders to build the homes but I put in the streets. The utilities. Mayor Laufenburger: Will you make them buildable? Curt Fretham: Buildable ready. Mayor Laufenburger: Shovel ready. Curt Fretham: Yep. Mayor Laufenburger: Okay. Curt Fretham: Building permit ready. Mayor Laufenburger: Okay, alright. Alright is there anything else you wanted to say Mr. Mayor Laufenburger: Okay. Introduce yourself please. Perry Ryan: Good evening Mr. Mayor, City Council and staff. Perry Ryan, Lake West Development, 14525 Highway 7 in Minnetonka. Mayor Laufenburger: And your role in the organization Mr. Ryan? 31 Chanhassen City Council October 22, 2018 Perry Ryan: Vice President. Mayor Laufenburger: Okay. ve listened to the recording that Mr. Fretham wanted to play for you, what we heard and we went back and read it again. Or listened to it again from the Planning Commission was the Planning Commission approved the project but they struck out every condition that had to do with a through street and every condition that had to do a stubbing utilities to the south because they know that I heard that in all of the staff speaking but I wanted to tell you that fairly and squarely. Mayor Laufenburger: Okay. Perry Ryan: We did, our attorney did submit to Mr. Knutson this afternoon our read on the definition of the cul-de- Mayor Laufenburger: And this is relevant? Tell me why. and you guys should r -de-sacs within a half mile as well. Mayor Laufenburger: Okay. Perry Ryan: If you can leave that zoom I think right where it is. This is in the letter, this is the cul-de- Mayor Laufenburger: This is from Chanhassen City Code? Perry Ryan: Yes it is, yeah. This is right from the letter that our attorney sent to Mr. Knutson good. Good. It says the length of a cul-de-sac shall be measured from the intersection of the cul-de-e center point of the cul-de-sac turnaround radius. This is the critical point. The maximum length of a street terminating in a cul-de-sac shall be 800 feet. We would contend that our cul-de-sac, not our cul-de-sac but the cul-de-sac to the south because we were asked by staff to put together this ghost plat. Mayor Laufenburger: Right. Perry Ryan: And so we would contend that Stratford Ridge ends at Stratford Boulevard and the 32 Chanhassen City Council October 22, 2018 it was said it was the fire department and I talked to the wrong Don today. I talked to the Chief hich one of them concurred that this was too long but Perry Ryan: Yeah, yes exactly. Yeah I just wanted to give you a copy. Zoom in just a little bit more please. Thank you so much. literal. That it says that the length of the cul-de-sac shall be to the street center line and so just case defined from Stratford Ridge all the way out to Minnewashta Parkway okay. So this first sheet shows 1, 2, 3, 4, 5, 6 different cul-de-sacs within the city within a quarter mile of the project. Turn to the second sheet. What this sheet shows is agai the one in purple is showing the, what we think is the clear reading of the interpretation. That from the center point of the cul-de-sac at Stratford Ridge to Stratford Boulevard that is 335 feet. wing the 782 feet which matches what staff is saying all the way out to Minnewashta Parkway so just a fair kind of look at, how we look at it and how the staff looks at it. So the next one is Stratford Ridge with 175 foot extension. Just to let you know the ghost that a little bit as well and show that. We believe from the strict interpretation of the ordinance would be 510 feet. And the way the staff would read it would be 957 feet. Again the distance o nd but we went through Minnewashta Creek 2 variance too because I worked on that 10 years ago. Red Cedar Point is 1,908 feet and then Oaks - de- engineering and fire department is what the report said. believe that number one, as Mr. Fretham pointed out, we have before you a 5 lot subdivision asking for no variances. But the variance discussion keeps coming up from staff in reports. We are not asking for a variance. That variance is for what they want to do and putting a roadway through our project. We are not asking for a variance. I want to be crystal clear on that. Over Mayor Laufenburger: Right. variance on your 5 lot. 33 Chanhassen City Council October 22, 2018 Perry Ryan: We do not need a variance in there. properties to the south. Perry Ryan: Yeah. Mayor Laufenburger: Okay, alright. Did you pass this around too Mr. Eggert? Thank you. So this is the next one. You might have right there, thank you so much. Okay, yeah. Perfect. Perfect. So this is the ghost plat on the left that we submitted. Staff requested that we put this together to put together a conforming plat t out. Stratford Ridge has a right-of-way to, up to the south property. Excuse me, to the Kertson would have for the extension of that. So the other th Alliant Engineering, just wanted to clarify. Mr. Mayor I know you asked if we had seen this before. Mayor Laufenburger: Yep. Perry Ryan: We saw it at the Planning Commission meeting for the first time and we were never given a copy of it until we saw this in the staff report. Mayor Laufenburger: Okay. Perry Ryan: So we never had a copy of it until I got the staff report. Perry Ryan: Yes sir. Perry Ryan: Yes this is our work, yes thank you. Mayor Laufenburger: Yeah, thank you. 34 Chanhassen City Council October 22, 2018 using less pavement by 40 percent. -de-sac here is 175 feet. This Concept 2 proposes a 240 foot cul-de-sac and so which one has less pavement by 40 percent Mayor Laufenburger: Alright. long time ago and put this right-of-way to there. You can say that one of the options back in 1988 showed that through street but the orientation is nothing like that. I think the neighbors to the south, I think the neighbors to the south did a very nice a nice job and they put the right-of-way to here suggesting that the street may continue. And as I a through street. Everybody bought on a cul-de-at they want. The other thing that I put in my third point here. Using the existing services on Glendale Drive. The other bit of good planning and engineering that the City did back many years ago was on Glendale Drive. On Glendale Drive they put 6 stubs for utilities for both water and sewer so they contemplated 6 t and point. What we had proposed in the ghost plat coming from the south and what Alliant is e away this access to the -de-sac. The next one, we talked about hardship. I think I really enjoyed the two comments that were made by the City Engineer Mr. Oehme. He referenced Code 18-57(A). Consider using existin this planned right-of-way to service those to the south. The other code that he mentioned which I thought was good was 18-60(F). Not cause undue hardship to your neighbor. So my next point was which one places hardship on a neighbor with double frontage lots. Well this one here. Everybody has a nice pretty typical standard layout. What the City or the neighbor to the south is proposing is to put a right-of- -of-way along a long cul-de- reason. Number wanted enough space to build a house they wanted to build and so this really, is going to ardship on us with double 35 Chanhassen City Council October 22, 2018 frontage lots. Concept 2 does. Which one places a hardship on the neighbor with smaller lots. I lots. Mayor Laufenburger: You p right-of-way in place? With the 50 foot right-of-way in place. Mayor Laufenburger: Okay, alright. Fair. Mayor Laufenburger: What are the size of the lots without your right-of-way? Mayor Laufenburger: Okay so as Mr. Gerhardt has said if the right-of-way, the 50 foot right-of- way variance, if the 50 foot right-of-way is in place in order for Lots 1 and 2 to meet the Mayor Laufenburger: Yeah I got it. I got it. that happens. buy, get any more space. Perry Ryan: Yeah or we just go with our conforming plat. yan. 2, I see street variance required put that street in. Mayor Laufenburger: 50 yeah. Pe what it comes to. It looks like it comes within 10 feet. It app 36 Chanhassen City Council October 22, 2018 Mayor Laufenburger: Your point is made Mr. Ryan, yep. Perry Ryan: Huh? Perry Ryan: Roadway grade change. this. Th-de-sac and by getting onto the e down to where this cul-de- Mayor Laufenburger: Yep. Perry Ryan: 8 feet over the 175 feet is not that much either so it meets the code. Mayor Laufenburger: Okay. south neighbors. You might wonder what are you talking about? Well if you look at our ghost plat this grade line here is the delineation between the middle property owner and the south this. When asked we did do a conforming layout. Now it very closely follows that. I would contend that if I spent a little time on it I could make that work so you could have conforming with other lot lines. What I mean by appropriate lot allocation, I put this line in here that goes ing to sit and work that deal out. We just think that our layout does a uth lot. It 37 Chanhassen City Council October 22, 2018 was developed and they put that right-of--of-way in there. You can do a very short. Mayor Laufenburger: Just to be clear, when you say the property to the south are you talking about Stratford Ridge. Perry Ryan: Yes sir. Mayor Laufenburger: Okay. Perry Ryan: The right-of-way is already into Stratford Ridge. This is the right-of-way going -of-way all along this line okay of right-of- land locking anybody. I heard the word landlock used. I was, I was impressed by Ms. e utilities within Glendale Drive so with that I stand for any questions. Mayor Laufenburger: Okay. Thank you Mr. Ryan. Mayor Laufenburger: Any questions of the developer, either Mr. Ryan or Mr. Fretham from council? Councilman McDonald: I have a question. Mayor Laufenburger: Mr. McDonald go ahead. the bottom that you need to add the lots 1 and 2. Have you approached the owner to the south about selling that? Perry Ryan: In the last, oh sorry. Councilman McDonald: Yep. Perry Ryan: Okay. In the last. Mayor Laufenburger: Could you just speak into the microphone. 38 Chanhassen City Council October 22, 2018 Perry Ryan: Very sorry. Mayor Laufenburger: I want to make sure we hear you. yes. Mayor Laufenburger: And what was your most recent conversation with them? We now it did, I know since we talked to them they did enter into a purchase agreement and what the s side and so it was where it makes sense is coming from t Mayor Laufenburger: Okay. Mr. McDonald anything else? selling you those. Perry Ryan: Never had the conversation. Councilman McDonald: Never had the conversation. Perry Ryan: No sir. Mayor Laufenburger: Do you have any interest in the conversation? e are Mayor Laufenburger: Right. Councilman McDonald: Okay. Mayor Laufenburger: Councilmember Tjornhom go ahead. 39 Chanhassen City Council October 22, 2018 Councilwoman Tjornhom: Can we talk about timing again? I know we have 120 days until this right here brought up to us that need to be resolved and probably more issues and so what are we looking at for timing and what are some options? feelings on the people from the south that gave their own petition, their own legal opinions on not going to worry about which direction it come from so they did recommend people on access somewhere. Mayor Laufenburger: Okay. Kate Aanenson: So we weighed those two positions. Mayor Laufenburger: What about the timing that Ms. Tjornhom? speak so. Mayor Laufenburger: Well I think before we ask them. e extension of the, you th know so we have a recommendation and then the 120 days ends October 27. Councilwoman Tjornhom: Because this started, did you say in. Kate Aanenson: Yes. Mayor Laufenburger: August. trying to meet with property owners. There has been miscommunication on all parties. Mayor Laufenburger: Okay so it sounds like, are you not able to address Ms. questions regarding options that we have to either extend or not extend? Kate Aanenson: I would turn that over to the City Attorney. 40 Chanhassen City Council October 22, 2018 Mayor Laufenburger: Mr. Knutson. Roger Knutson: Mayor, members of the council. Mayor Laufenburger: Do yo th 27 so unless you want to have another special council meeting or something you have to act tonight unless the developer gives you an extension of time within which to act. Roger Knutson: They can give us, give you an extension of time if they choose to. Councilwoman Tjornhom: Yep. Mayor Laufenburger: Any other questions of Mr. Ryan? Councilman McDonald: Mr. Mayor? Mayor Laufenburger: Go ahead Mr. McDonald. -de- Councilman McDonald: I think that may be a question of Ms. Aanenson. Kate Aanenson: So the property owner to the south wanted to position themselves to make sure that they understood what the implications of the development was so regardless of whether or meeting the shoreland district they could get to the 15,000 square foot lot. Understood they want right-of-way. The designs to the south were drawn by the property owners on the south to show how they could be preserved to get access from that direction. Councilman McDonald: Are they here tonight? Kate Aanenson: Yes. 41 Chanhassen City Council October 22, 2018 Mayor Laufenburger: Yep. So any further questions of Mr. Ryan or Mr. Fretham at this time? some, there were some issues that were addressed and some that were not. Are you able to, in discussions with Lake West. Or have all issues been addressed? Kate Aanenson: No I would think, we went through some of the stormwater. Mayor Laufenburger: Yep and they, and Lake West submitted a revised plan which shows a berm of some sort that would direct the water over to the bottom of Lot 1, is that correct Ms. Strong? conceptual design of how stormwater would be managed on the site. Mayor Laufenburger: But you still want substantiation that their design will work? Vanessa Strong: They still have to provide the documents that show, and they said that they would and as long as they do staff is comfortable with that. Mayor Laufenburger: Okay. Mr. Ryan did you have a comment on that? Perry Ryan: A clarification Mr. Mayor. Yeah the inference in here is that we did not give them to them but when these plans which are submitted 10-17-18 which is on the hyperlink on the staff report. Mayor Laufenburger: Yep. Perry Ryan: At the same time we submitted stormwater management plans so we did submit them. Perry Ryan: Okay. dokey on them. Perry Ryan: Underst them yet but I just wanted to clarify that. e. 42 Chanhassen City Council October 22, 2018 Vanessa Strong: And it is a condition of approval that it matches. Mayor Laufenburger: Sure. Perry Ryan: You bet. Mayor Laufenburger: And they understand that. You understand the conditions of approval? Perry Ryan: Totally, yes sir. Mayor Perry Ryan: We had suggested. ndering if they will. never heard that problem with enforcing the ONM o HOA or simply an ONM agreement. specific responsibilities and funding for maintenance of things like that. Perry Ryan: Sure. Mayor Laufenburger: We have a better, likely a better long term relationship. figuring that out. Mayor Laufenburger: Okay. And does the property that you own, this top stripe, does that property currently have access to Lake Minnewashta and is that important? Perry Ryan: It is part of the Pleasant Acres HOA. Mayor Laufenburger: Oh so it is part of the HOA? Perry Ryan: Yes sir. Yes. 43 Chanhassen City Council October 22, 2018 Mayor Laufenburger: Oh, okay. Okay I think that answers my question that you, so these 5 properties would become part of the Pleasant Acres HOA. Perry Ryan: We area already part of it yes. Mayor Laufenburger: You are part of it. Would these 5 lots be part of it? Perry Ryan: Yes, yes. Yes. Yes. Mayor Laufenburger: Okay. Mayor Laufenburger: Okay, alrigh to hear from some other property owners. Perry Ryan: Be happy to, thank you so much. Mayor Laufenburger: Alright. Thank you very much and Mr. Fretham, thank you for your investment and w owners to the south and I think that would be the Boylan or Kertson, and actually we have a, just a moment here. We have an email from Mr. Kertson. Is Mr. Kertson with us tonight? Jeff Kertson: I am. Boylan representative here and the Kertson representative here, so whoever wants to speak first? And I realize this is not a public hearing but I think the council is interested in hearing your perspective. Identify yourself and your address please. Carin Moore: Good evening Mayor, council members, staff. My name is Carin Moore and I am the personal representative of the Estate of James and Ruth Boylan who are my parents that are deceased. We are the property owners at 6760 Minnewashta Parkway. Mayor Laufenburger: Is that the address that you reside at too Carin? Carin Moore: No it is not. Mayor Laufenburger: Would you mind giving us your address? Mayor Laufenburger: Okay. Ms. Moore, go ahead. 44 Chanhassen City Council October 22, 2018 Carin Moore: I first want to address that I did send a letter last week as well just following up on Mayor Laufenburger: That was part of the packet, yep. Carin Moore: Wonderful. ndth Mayor Laufenburger: Both your October 2 letter and also the October 16 or whatever date that was. concepts. Other ideas. I reached out to another engineering firm and asked for just that. All of why you see the 60 foot right-of- s Concept 2 potentially that, or maybe 4 even. The one where it just split our property in half. Front to back and I was told then that the concept of adding a road inbetween all 3 properties was in the plan. In the plan for the city and that a subdivision splitting our property in half and having access to Country there. Mayor Laufenburger: Right. Carin Moore: I did petition originally to say okay give us that little sliver if just to help that process if you were going to give us access on the back side. The planning group says you know call. I just pull ng at you to help me We love this property but just because of the unfortunate circumstances that have hit our family in the last 2 years. Our neighbors to the south we worked together. We are on the same page. We want the best for each other but again the KertsonKertson problem with any through street. The concept of having a cul-de- 45 Chanhassen City Council October 22, 2018 from Stratford and there are no problems with health and safety and with what the rules are today for cul-de- trying to have the best option for everyone. The one thing I do want to point out with our two as well. Included into our property we have 187 feet of lakeshore. Almost about a half an acre of property. Mayor Laufenburger: Is that clearly delineated? Carin Moore: Yep. Mayor Laufenburger: Okay. Mayor Laufenburger: So this is your lakeshore access. Carin Moore: Correct. Mayor Laufenburger: And one just below that is the Kertson Carin Moore: Correct. Mayor Laufenburger: Okay. So the one above you. he HOA. Carin Moore: Yes. Carin Moore: Correct, yep. Mayor Laufenburger: Alright. Carin Moore: And that actually I know just because we were working on some relationships association anymore. Mayor Laufenburger: Okay. 46 Chanhassen City Council October 22, 2018 Carin Moore: So actually our property is actually not big enough for an association either so if we were to create an association out of our property we would have to combine or get 11 feet, or 13 feet, give or take, from the Kertson size for an association lakeshore today. Mayor Laufenburger: Or the council could grant. Carin Moore: A variance on that. Mayor Laufenburger: Right. work. We want to workinto any he said, she said. However I can say my father passed away in April of 2017. My first discussion with Lake West was in May of this year so 2 years, unless my parents were talking with them we have no concept of that and we have never talked about any value. Nobody has ever placed any offers to us or given us any negotiation. It was pure discussion and that was it. Carin Moore: No. We had a buyer. A personal buyer. Mayor Laufenburger: Came by. Carin Moore: That came by and they backed out for personal reasons as well. Mayor Laufenburger: Okay. Carin Moore: Which is the way it is right? And just really quickly too. The detriment basically, and I think I may have already mentioned this so I apologize if I am repeating myself but the -de- that becomes a detriment to us because now what do we do? We Mayor Laufenburger: Helicopter pad. Helicopter pad maybe. appreciate the efforts made that, with eliminating the rain gardens because that was a huge concern for us and the drainage and as anybody on that to make sure that our property stays the way it is. Obviously I do also want to point out any concept would be removing the current houses that are on the property so if you see a property line. 47 Chanhassen City Council October 22, 2018 Mayor Laufenburger: On your property. Carin Moore: And the Kertsontentially yes. Mayor Laufenburger: Okay. volously either. We had that thought in our head. Mayor Laufenburger: So thank you Carin, or Ms. Moore. Council any questions of Ms. Moore? Mr. Campion go ahead. comfortable with a cul-de-sac coming from the south. Councilman Campion: Okay. Carin Moore: What I, my understanding was with the grading, and again not an engineer but what I heard through these meetings is that the grading coming off of Stratford, if you actually -de-sac dropping into their lot so there would be a lot of fill to be ab required, again my understanding. That cul-de-sac would not, that is being proposed would not but I know that the fami other people that have opinions about that too. Councilman Campion: Okay. Carin Moore: Does that, did I answer your question? Councilman Campion: It does thank you. Carin Moore: Okay. now you know when you go to the end of the cul-de-sac you kind of push, part the ways like the Lion and the Witch and the Wardrobe did you know to get into Narnia. Carin Moore: Yep. 48 Chanhassen City Council October 22, 2018 Mayor Laufenburger: It is deep. be built there. Okay. Anything more of Ms. Moore? At this time. Alright. Thank you. We reserve the right to recall you though. Carin Moore: Great, thank you. Thank you for your time. Mayor Laufenburger: How about Mr. or Ms. Kertson? A representative from the Kertson property. State your name and address. Jeff Kertson: Kertson. 6810 Minnewashta Parkway. Just to the south of the Boylan property there. Mayor Laufenburger: Is that your homestead Mr. Kertson? Jeff Kertson: That is our homestead there. Mayor Laufenburger: Okay, alright. Jeff Kertson of some of the, what we would feel undue hardships on, you know on some things in terms of getting access to our prope want us to have access to the parkway any longer. Understandably for traffic and you know safety reasons so that really, that coming off of the eastern side really would not work because People come racing around that road and if you had 5 houses dumping out onto Minnewashta Parkway it might be a bit of an issue. Coming from the west side from Country Oaks Drive is also not a very viable option. In either. kind of the way that it needs to be. Ridge, I know what their concern is in terms of extending that cul-de-sac and having more traffic you know come through there and th they like to have their neighborhood the way it is and have it safe and everything else and if you add 5 more houses to it is that going to be you know a traffic issue so we can you know, I can see all points involved. We just want to make sure that whatever is decided that you know, that Not only has it become 49 Chanhassen City Council October 22, 2018 undue hardship but now to actually devalue our property by making it landlocked and kind of a mess. Mayor Laufenburger: Mr. Kertson how long have you been on your property? Jeff Kertson: Since 1986. The house has been in our f Mayor Laufenburger: Wow, century house almost. Jeff Kertson family for over 100 years also. Mayor Laufenburger: Do you, are you actively working to sell your property to? Jeff Kertson: Not at this time but. Jeff Kertson: No but I need to be you know, I need to be intelligent and smart about things and if them. Mayor Laufenburger: Okay. Have, Mr. Kertson have you had any conversations with the Lake West Development Group? Jeff Kertson: Just in passing. Curt had stopped by at one point in time and I, we spoke briefly sion. Mayor Laufenburger: Okay good. Any questions of Mr. Kertson from the council? Mayor Laufenburger: Go ahead Mr. McDonald. Councilman McDonald: From the south if we look at this cul-de-sac, give me a feeling what is the land like? What kind of elevation differences or anything like that? Jeff Kertson-de- e it drops down. It drops off fairly suddenly. When they came in, when Stratford Ridge came in with their development they came in and essentially excavated to the, excavated to that point and that was it. So there was a lot of, not only by the cul-de-s 50 Chanhassen City Council October 22, 2018 -de-sac were to exten property as far as being able to sell it? Jeff Kertson: Well not necessarily. In order for the, I would tell you this. In order for that cul- de-sac to come from the south and in that short of an area at 125 or 100 feet from side to side on excavating that would need to be done and also if you were to include that because of the change in elevation. We, our property essentially is the low point from that area. The elevation in the Glendale subdivision area is at about 980, 975, somewhere in that range. Whereas the elevation Councilman McDonald: Okay thank you. Mayor Laufenburger: Mr. Kertson Jeff Kertson Mayor Laufenburger: So your property which is the lakeshore property directly east, the line, the north, the northern boundary of your lot property and the bottom, southern boundary, that just goes right over to the lake. Jeff Kertson: Correct. Mayor Laufenburger: And you have access there? You have like a road or something that you actually. Jeff Kertson Mayor Laufenburger: Okay. Jeff Kertson access to that road and then we actually actually a driveway or road that we put in in conjunction with Jim. Jim Boylan to have access to our property. We also have steps to get down but. Mayor Laufenburger: You can walk. Jeff Kertson there. 51 Chanhassen City Council October 22, 2018 Mayor Laufenburger: Okay alright. Well thank you Mr. Kertson. Appreciate your comments. Jeff Kertson: Thank you. Jeff Kertson: Yes. any questions or comments and you can direct those questions to staff or to, or to any of the property owners that have met. Maybe I should ask first. Is there any clarification that Mr. Oehme, Ms. Strong or Ms. Aanenson want to provide? people on came in and so there was a lot of feelings on that. Mayor Laufenburger: Right and we, I think we all understand that people are in a cul-de-sac. They want to keep it that way. I mean we have other examples of that. Go ahead Ms. Strong. -de-sac, and folks is no guarantee because of shoreland regulations and floodplain regulations that you could fill in that area or what the cost or mitigation repercussions might be so that would definitely be outside those areas. Vanessa Strong: Because of where it happens to be within. Mayor Laufenburger: In the shoreland district. Vanessa Strong: In the regulatory zones yeah. Mayor Laufenburger: Okay. Who would have governing authority over that Ms. Strong? Vanessa Strong: Well the DNR will have a lot to say about that. The watershed district also has their own rules. 52 Chanhassen City Council October 22, 2018 Councilwoman Tjornhom: Unless we get an extension. David Lieser: Mr. Mayor? Will we have an opportunity? Mayor Laufenburger: And you represent? David Lieser: The Stratford Ridge. Mayor Laufenburger: Oh absolutely. My, please. Come up here. Thank you for asking. State your name please. David Lieser: My name is David Lieser. I live at 3881 Stratford Ridge. Mayor Laufenburger: Okay. David Lieser: Lived there since 1997. The obvious thing that bothers us is that every one of the 15 families in the Stratford Ridge neighborhood and homeowners association, none of them have ever had any knowledge that there was a plan in the background with the City of Chanhassen to in any of the title documents that led any of our attorneys to warn us about that possibility or anything of the sort and certainly the topography there is such that no one would have expected that anybody would want to build a roller coaster street from the end of our cul-de-sac to anywhere else in that area, let alone all t anybody that we talked to, to destroy our double cul-de-sac to perhaps give a different approach to getting onto Minnewashta Parkway the Kertson been told by staff that they want to get rid of their entry onto Minnewashta Parkway. But whatever people are put into this new subdivision, one way or the other, those people are all going to be going at one time or another so it, it defies common sense that that should be done and there have been other alternatives along even Minnewashta Parkway for development. For example at the Rocky Isle Lane subdivision of 3 or 4 houses that is north of the Glendale project en at one time or another when that was put in but those kind of options are also available for the development of the Boylan and Kertson have relied on this subdivision that we have that has that double cul-de-sac as our homes and as our investment and for the safety of our kids that that should be just destroyed so that the City can lop off another access to another of the existing access 53 Chanhassen City Council October 22, 2018 rid of this access if you decide to develop. Mayor Laufenburger: Well let me just clarify Mr. Lieser. David Lieser: Sure. putting pressure on either Kertson or Boylan to develop their land, is that correct? access points on Minnewashta Parkway for the public safety, that the access points should be David Lieser: Well I think there has been some pressure. Not pressure to develop but pressure by saying to them that they should look at it this way because you know if you want to develop d of the accesses to Minnewashta Parkway. City as part of the future planning to limit access points on, Paul is Minnewashta called a minor arterial? ajor arterial. Mayor Laufenburger: Major arterial so we know that in the long run. Mayor Laufenburger: Good call David. But I just, I was uncomfortable hearing your words Please continue 54 Chanhassen City Council October 22, 2018 access onto Minnewashta Parkway and that would the purpose as well. Mayor Laufenburger: Well that would be an improvement. David Lieser: Disturbing them. It would be an improvement. Mayor Laufenburger: Right. David Lieser: Something could be done along the lines of what is done at Rocky Isle Lane and so Kertson we should do this and we should do that. They made the applicant do a ghost plat showing, extending our cul-de-sac up across two properties and they pull out some old documents that some longer than others but none of the people in that neighborhood had any inkling that their neighborhood, their purchase for which we all figure into the price of what we buy the value of the privacy and the security. The seclusion for the kids in the neighborhood. And so for that reaso Mayor Laufenburger: We do. You presented to the Planning Commission. Commission did not recommend the proposal that was recommended by the staff today. We were there at that meeting. We took notes and I had gone back over the video of what the Planning Commission said and not that it does us any good necessarily but they clearly said to strip out of the motion any reference to variances and also any reference to a through street connecting with Glendale to our properties. Mayor Laufenburger: Okay. So Mr. Lieser can you concisely speak what you are presenting on David Lieser: Right. Right. Mayor Laufenburger: Okay. Do you have a homeowners association? David Lieser: We do have a homeowners association but I have not been officially appointed to present this. from various families is that correct? 55 Chanhassen City Council October 22, 2018 David Lieser: Right, right. Mayor Laufenburger: Okay, alright. disturbed. David Lieser: We want no change. Mayor Laufenburger: No change for you in Stratford Ridge. David Lieser: Right. Mayor Laufenburger: Okay. David Lieser: Exactly. Mayor Laufenburger: Okay, alright. Thank you Mr. Lieser. David Lieser: Thank you sir. Mayor Laufenburger: And thank you for asking me to recognize you. I appreciate that. Alright. yet this evening? Okay. Council, questions or comments. Councilman McDonald: Mr. Mayor? Mayor Laufenburger: Mr. McDonald. Sure you start. guess I think the gentleman that, from Stratford Ridge he brought out a very important point and future and what the staff has done to anticipate that is to go into the property to the north which would meet all of our requirements and try to impose upon them basically access to the two tonight t ly before us is a 56 Chanhassen City Council October 22, 2018 focus on. Anything about development of the two pieces of property to the south need to be addressed at a future time when we know what the development is going to look like. At that point we can look at all the options, whether or not we would grant access off of Minnewashta or are we going to re-open the thing about Stratford Ridge or maybe even coming off of Country Oaks which I can understand is not viable but in the future anything would be. So at that point I of the property to the north and right now he meets all of the requirements that we as a city have cul-de-sac or putting a right-of-way for a cul-de-sac into the property to the north because again o to and I think that you have to address what is currently there and so I would not support which is Concept 2 of taking property from the land to the north 2 to work he has somehow got to work a deal with the property to the south to get enough land to Mayor Laufenburger: Thank you Mr. McDonald. Anybody else want to make any comments? Councilwoman Ryan: Mr. Mayor? Mayor Laufenburger: Sure Councilmember Ryan, go ahead. Councilwoman Ryan: I agree with Councilman McDonald and he articulated it very very rare when we have developers come in with straight forward plans without requesting and property owners to come up with alternative designs for not part of you know the proposal Councilman McDonald did a great job explaining all of it and if he makes that motion I will be supporting it. Mayor Laufenburger: Okay. Anybody else? Councilmember Tjornhom, sure. Councilwoman Tjornhom: I can certainly echo what Councilman McDonald said. For me everyone got here going to be in the future this is the time to do it i be on top of the two lots that are kind of in the queue to someday be developed and so by kind of for us in the future so I mean I would rather get this ironed out now so everyone knows. The 57 Chanhassen City Council October 22, 2018 rea where no one really knows conceptually where things are going to be. So I, while I go along with what everything Councilman McDonald said I really would like more time to give everyone to the chance to sit down together and work this out before it moves forward. Mayor Laufenburger: Okay, anybody else? Sure Mr. Campion. Councilman Campion: Everybody else has talked, I think I should too. Now I mean Councilman McDonald made good points. To impose extra restrictions on a development that you know is coming forward meeting the ordinances, I would hate to impose an extra hardship before us. Mayor Laufenburger: Okay. Either Mr. Fretham or Mr. Ryan, would you come to the podium just for a second please? So let me ask a question and then you can answer it after I ask it. So Ms. Tjornhom has brought to our attention that we had, and Mr. Knutson has confirmed that we have 5 days in order to come up with a response to your application so let me make a formal request to you. Would you be willing to offer an extension so the council could spend more time on this? And you can answer it any way you want Mr. Fretham. Curt Fretham: I was going to answer the question before you asked me but I let you ask the question anyway. If the situation was different perhaps we could come up with some more time e timing but I believe it was over a year ago. Mayor Laufenburger: When you first made application? Curt Fretham: Okay. There was a title issue with our move forward with our application until the title issue was cleared so we had to go through a e with those cities. They move forward with their application. They put it down as a condition just like all the other conditions that are listed out and allow you to deal with those things concurrent so my point is we sat still for a long time. Mayor Laufenburger: Waiting for the title issue to be resolved? Curt Fretham: Which should have been able to be done concurrent with this and then if you process so gi 58 Chanhassen City Council October 22, 2018 Mayor Laufenburger: So is it yes or no? Mayor Laufenburger: Okay. Is your title issue cleared now Mr. Fretham? Curt Fretham: Yes. Mayor Laufenburger: Okay good, so you have. o move forward without clearing title. Mayor Laufenburger: Okay. And I understand that other cities may not do things the way Chanhassen does. Curt Fretham: Right. Curt Fretham: Mayor Laufenburger: Thank you. Okay thank you Mr. Fretham. I just had to ask that question. Any other comment? I just would say this. You know if we could wait for a big picture looking down on these three properties I think, I think if it were possible that all three properties could be Kertson their options are substantially limited. Yes we have a preference. Let me go to my points here. Yes we have a preference to take access off of Minnewashta Parkway but frankly if the Boylan and the Kertson property became a development or a parcel that somebody owned I would, you know if I was on the council I would certainly entertain a way of allowing access to that property without doing a cul-de-sac from Stratford Ridge and without a right-of-way from the north so that is my, I do have a preference b they are very cooperative with both the Boylan property owners and the Kertson property owners, does trouble me just a little bit. I think that the 5 properties, as long as those 5 properties have access through, is it Pleasant Acres is that right Mr. Ryan? Perry Ryan: Yes sir. 59 Chanhassen City Council October 22, 2018 owners of the Boylan, or the executor of the Boylan property. As long as that continued I think that would work out just fine. The, Ms. Strong you said that the stormwater solution is a give an official okey dokey you still have to work with them in order to come up with a solution is that correct? Okay. Is the watershed, Minnewashta Creek Watershed District, are they also part of that solution as well? Okay. Mayor Laufenburger: Okay, alright. And then the last question is, is there any reason why we or come forward with a plat. A subdivision which is acceptable. Yes it probably is not as satisfactory to the Boylan property and the Kertson t further comment or direction from any council member. t here and knowing that what I want to get at is to approve the plat as is without the City Council approves the preliminary plat to subdivide 2.14 acres into 5 lots. Mayor Laufenburger: Could I ask you to say up to 5? Mayor Laufenburger: Okay. Okay. Councilman McDonald: And then is the outlot part of that? Kate Aanenson: Correct. th is still good or? Councilman McDonald: Okay August 29, 2018 and then subject to the conditions of approval and adopts the Findings of Fact and then does that wrap in what water management wants for their conditions? 60 Chanhassen City Council October 22, 2018 Kate Aanen applicable. Mayor Laufenburger: Mr. Knutson. Roger Knutson: Could I suggest you say subject to compliance with the stormwater requirements. ion of approval. Mayor Laufenburger: The stormwater is a condition of approval. Roger Knutson: Okay subject to the conditions of approval set forth in the staff report. get on my, the Findings of Fact I believe were for the variance so they might not be. Roger Knutson: Those are the only Findings in the record, yes. Kate Aanenson: Yeah so they would be moot then correct? adopting those Findings. Kate Aanenson: Yeah or could we bring them back at the next meeting, just the adoption if we wanted to modify those? without a requirement for a variance and noting that there will be no extension of that cul-de-sac. Councilman McDonald: Okay. motion that does not include a variance to allow a 50 foot public right-of-way. Everything else is in place. Councilman McDonald: Correct. Mayor Laufenburger: Conditions of approval period. Councilman McDonald: Correct. 61 Chanhassen City Council October 22, 2018 Mayor Laufenburger: Alright. Council are you comfortable with this m looking for a second. Councilwoman Ryan: Second. Mayor Laufenburger: Alright, thank you Councilmember Ryan. Is there any further discussion? Just want to clarify Ms. Aanenson the Findings of Fact that you mentioned, those are Findings of Fact associated with the variance is that correct? modify these really quickly on the fly here. So Findings of Fact were that included. Pardon me? So except for, so if we could approve those except for everything from the variances. That would be struck from the Findings of Fact. Mayor Laufenburger: Okay Findings of Fact through G. Kate Aanenson: Correct and those would apply to the subdivision so we would just take out the portion that applies to the variance and then it would be, and then add the recommendation. Mayor Laufenburger: Okay. Kate Aanenson: If that makes sense. Mayor Laufenburger: Okay. So the motion that Mr. McDonald made is that the City Council approves a preliminary plat to subdivide 2.14 acres into 5 lots and one outlot. Kate Aanenson: Correct. Mayor Laufenburger: As shown in plans stamped Received August 29, 2018 subject to the conditions of approval and adopt the Findings of Facts through item G. Kate Aanenson: G, correct. Yep. Mayor Laufenburger: Alright. Councilmember you okay with that second on that Councilmember Ryan? Councilwoman Ryan: Yes. Mayor Laufenburger: Okay. nd Kate Aanenson: Can I just clarify the date too. That date I believe was actually the October 2 62 Chanhassen City Council October 22, 2018 on our current plan set I just want to ma a cul-de- Mayor Laufenburger: Yeah so to go through. want to make sure it was correct so I pulled it off. Perry Ryan: Okay, good. Alright. Kate Aanenson: So this is them. If I can blow that up a little bit. Mayor Laufenburger: Okay just leave it like that for right now. Can you read that Mr. Ryan? Kate Aanenson: There you go thank you. Mayor Laufenburger: You can leave it that size. Just get rid of that black thing. Perry Ryan: As it shows number 4. ve got the subdivision findings. Perry Ryan: So number 4 goes away too then because that was the first findings have to do with the cul-de-sac? 63 Chanhassen City Council October 22, 2018 Commission to consider seven possible. staff and the property owner to work together to ensure that these Findings of Facts properly reflect the sentiment of the council. Okay, alright? Kate Aanenson: Yeah and I wanted to make sure that was clear too so. Mayor Laufenburger: Alright. Any further discussion? Councilman McDonald moved, Councilwoman Ryan seconded that the City Council approves the preliminary plat to subdivide 2.14 acres into five (5) lots and one outlot as shown in plans stamped Received August 29, 2018, subject to the following conditions and adoption of the Findings of Fact through item (g) and Decision: SUBDIVISION Engineering: 1. Deleted. 2. Deleted. 3. Provide ROW over the entirety of the trail along the west side of Minnewashta Parkway. 4. The survey of existing conditions does not indicate ROW between Glendale Drive and to the south for approximately 100 feet. 5. No stationing is shown in the plan set. 6. The drawing and utility easements are shown only on the plat. They should also be conveyed on the site plan. 7. Indicate surface water drainage flow arrows on the grading plan. 8. Provide existing and proposed elevations at the following locations: each lot corner, top of curb or centerline of the street at each lot line extension, center of proposed driveway at the curb or edge of the road. 9. Additional conditions will be identified after the developer has an opportunity to revise the design based upon the current conditions that are considered to be major in nature as they will require significant changes to the design. 64 Chanhassen City Council October 22, 2018 Water Resources: 1. Private stormwater best management practices (BMPs) are not permitted in public drainage and utility easements. An encroachment agreement will be required for the private swale within all side yard drainage and utility easements. 2. Easements for private stormwater treatment devices must be recorded against the stormwater easement template and approved by the City Engineer. 3. A Homeowners Association (HOA) encompassing all lots is required to ensure the technical expertise and a funding mechanism for the operation and maintenance of stormwater treatment devices is ensured in perpetuity. 4. Operation and maintenance of private stormwater BMPs is required in perpetuity. An operation and maintenance plan must be approved by the Water Resources Coordinator nent inspection, maintenance, and funding mechanism that ensures stormwater BMPs will function as designed. 5. To ensure stormwater treatment devices function as designed, the developer is responsible for the operation, maintenance, and performance of all stormwater improvements including vegetation, structures, soils, inspections, and erosion/sediment control for the first five years after project completion. After the first five years, responsibility shall transfer to the HOA. The developer is responsible for ensuring all stormwater improvements are functioning as designed at the end of the first five years. If stormwater improvements are not functioning as designed at the end of the first five years, as determined by the City Engineer, than the developer shall remain responsible for all operation and maintenance until devices are functioning as designed. 6. of any primary structure. 7. If an emergency overflow route is adjacent to the property the lowest building opening must be a minimum of one foot above the emergency overflow (City Code Sec. 19-144). g. Developer proposes a 8. EOF routes shall not create a hazard or nuisance condition onto adjacent property (City Code Sec. 7-78). 65 Chanhassen City Council October 22, 2018 9. SWPPP contact must be identified. 10. Developer must provide an erosion and sediment control plan, and dewatering plan approved by the Water Resources Coordinator. 11. Maximum impervious per lot is 25%. 12. All pervious surfaces require six inches of topsoil and 18 inches of decompaction. Topsoil shall be tested and approved by the Water Resources Coordinator. 13. The developer shall provide an updated Hydrocad model and stormwater management plan that is consistent with and supports the engineered plans and geotechnical report. 14. The geotechnical report identifies the presence of groundwater at 972 elevation on Lot 5 (SB-1). There must be three feet of separation between the bottom elevation of stormwater infiltration devices and the water table. Based on the geotechnical report, the bottom elevation for an infiltration basin on Lot 5 can be no lower than elevation 975. water table. 15. The geotechnical report identifies moderately slow permeability of soils. Any infiltration swales must be size 24-48 hours. 16. Soil borings and infiltration tests must be performed within the perimeter of all ponds and infiltration device locations prior to final approval. 17. Design plans must be provided for all vegetated BMPs including contours, grading, inlet and outlet structures, underdrains, filtration media/amended soils, location and quantities of all species used. Ecotype must be native or approved native hybrid. 18. Details must be provided and approved for all stormwater treatment devices. 19. The proposed redevelopment requires Minnehaha Creek Watershed District (MCWD) development review and permits. 20. from all other agencies with jurisdiction over the project (i.e. Army Corps of Engineers, DNR, MnDOT, Carver County, MCWD, Board of Water and Soil Resources, PCA, etc.) prior to the City issuing permits. 21. Project must meet all stormwater requirements of the city and the MCWD. 66 Chanhassen City Council October 22, 2018 22. Project will require stormwater management fees associated with city development review and permitting process. Fees can be estimated but cannot be accurately calculated until approvals have been received from the MCWD. 23. The site plan must identify the ability to install a future stormwater pipe that could connect the development to a regional pond southeast of the development. 24.The development must use Chanhassen Standard Specifications and Detail Plates. Parks: 1. In lieu of parkland dedication and/or trail construction, full park dedication fees shall be collected at the rate in force at the time of final plat approval. A would total $29,000 (five lots x $5,800 per lot). Environmental Resources Coordinator: 1. The minimum number of overstory trees required to be planted in the development is 41. 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 buffer yard plantings on Lot 5 along Minnewashta Parkway. All voted in favor, except for Councilwoman Tjornhom who opposed, and the motion carried with a vote of 4 to 1. Mayor Laufenburger: That motion carries 4-1. Councilmember Tjornhom against. Alright, thank you very much staff and Mr. Fretham, Mr. Ryan, Mr. Lieser, Ms. Moore and Mr. Kertson. I wish you all the best of luck. That brings us to our next item on the agenda which is. This is item H-2 which is Resolution 2018-52. Consider modifying a Stipulation Agreement for the Mustard Seed Garden Center, Halla Nursery Incorporated. Could I ask you, thank you very here. The City Council took a short recess at this point in the meeting. Mayor Laufenburger: Alright following a brief recess we are reconvene as a council meeting on nd Monday, October 22. Our next item is item H-2. CONSIDER MODIFYING STIPULATION AGREEMENT FOR THE MUSTARD SEED (HALLA NURSERY, INC.). 67 Chanhassen City Council October 22, 2018 Kelly Lorenz Mr. Halla is requesting to be added to his list of permitted sales items are to her recollection have been sold on the property consistently from 1997. Got the email about middle of the day today you could look at it and see it. to consider amending the Stipulation Agreement that governs the use of the Mustard Seed Estate. Just to provide some neighborhood context, there are golf courses to the east and to the west. The surrounding land uses are predominantly larger lot residential. Most of these are a little over an acre. These ones tend to be 2 acres or more. And the Agricultural Estate zoning, I did not list every use. I did include those as an attachment to the staff report but I put here the a permitted use. It allows for roadside stands as a permitted accessory use. Wholesale nurseries as an interim use. Petting farms as an interim use. It is not, the district is not intended for commercial and retail use and it does not list temporary events as a permitted accessory use. The property in question is governed by a Stipulation Agreement. It is a wholesale nursery and the Stipulation Agreement limits the permitted uses on the property to those allowed by the agricultural estate zoning and those expressly listed in the Stipulation Agreement. The Stipulation Agreement strictly prohibits retail except as expressly allowed in the Stipulation Agreement so the Stipulation Agreement in Exhibit B lists a number of products by name that are allowed to be sold on the property and then corresponds them to different areas labeled on this map of the property which states what can be sold where. The Stipulation Agreement does not allow for the expansion of retail sales or an expansion to the list of products to be sold on the property without prior consent by the City. And as I mentioned each area of the property and each building it tends to be limited to a specific use. So for example Area R here and here is listed as limited to the storage, growing and outdoor display of plant material or supplies on pallets or wheels. So the Stipulation Agreement is fairly specific and provides a high level of specification as to what should be going on at each individual portion of the property. We did send out a notification on this hearing. We got a couple phone calls from the surrounding e any of them were planning to attend but they did ask that I relay their comments. They were all curious about what was being proposed. Two asked that I convey to the council concerns about the potential for increased traffic generation along Great Plains Boulevard. They wanted to make sure that if events were allowed in any capacity that very difficult to access Creekwood due to the large amount of tr or craft fairs might exacerbate that issue. One resident expressed concern that the site would become a strip mall or another commercial use. I clarified that that was not what was being requested nor was that being considered but I just, I said I would pass it along so I have. No one expressed concerns to be sold. So we went back and forth with Mr. Halla on a couple different iterations of his 68 Chanhassen City Council October 22, 2018 without going through all of the intermediate ones. Initially Mr. Halla requested that accessories be added to the clothing category. Food, drinks and snacks be added. Handicraft. Personal care products. Gifts. Decorations and then food trucks corresponding to a list of annual events that proposal was that adding the accessories and then also providing in the Exhibit B that governs the property it dictates where each item can be sold so staff looked at what was currently being allowed in the different areas and then added an appropriate number that we thought corresponded. Staff proposed vending machines for snacks and drinks. Staff was not concerned at all with the handicrafts, personal care products, gifts and decorations. Staff proposed that food trucks rather than being linked to a very expansive list of events be linked to zones be allowed to give him a little more flexibility in terms of where the products were being sold. to garden center and greenhouse and things of that nature. He is also requesting that the council allow agricultural products and that should read produce. My apologies. I did not catch that to -packaged snacks and non-alcoholic beverages and we can go into what some of the concerns are with that more expansive category. So going through the list of requested products, the reason why staff made the recommendations they did is when we looked at the items like handicrafts, gifts, decorations, accessories, those are substantially similar to w plants or materials for the aesthetic practical improvement or use of indoor and outdoor living spaces. Arguably handicraft, gifts, decorations could all be argued to already fall under those center that was already present in the Stipulation Agreement. Personal care products arguably are a little more of an expansion but again very compatible to the small household items currently listed in the Stipulation Agreement and allowed. Food, drinks and snacks staff feels is more of a qualitative expansion but we do feel that incidental items you know pre-packaged snacks. Letting someone buy a bottle of Coke there, things like that is not going to significantly The revised request of agricultural products and produce we feel would be that qualitative shift. We understand that you know the property does have an agricultural component and it is allowed to sell the goods that are grown on the property. Nothing that would be done with the Stipulation Agreement would prevent them from, if they grew tomatoes they could sell tomatoes there. Nothing would change that. However it would prevent off site materials and produce from being sold on site. So the concern there is the potential for a very large grocery or food sales component to be present which is not in any way indicated by the Stipulation Agreement and the controls on what retail goods were listed as permissible on site. Regarding the request to have food trucks and t that is a promotion, product demonstration, a thing of that nature is defined as a temporary event so we have required different businesses within the city when they want to have a food truck on their property to promote business we have consistently required them to get a temporary outdoor event permit. An example would be when the Oscar Meyer Weiner Mobile was in town a few months ago we 69 Chanhassen City Council October 22, 2018 made Lunds get a temporary event permit for that so. Under the zoning code and Stipulation Agreement temporary events are not allowed in the agricultural estate zoning. However staff feels that temporary event permit process does provide sufficient oversights and limits to prevent portunity to have food trucks and do those type of promotionals as other businesses in the city that are being said staff would subjected to the temporary event oversight as every other business in the city gets for those type of requests. With that being said I will go into as much additional detail as you would like. Mayor Laufenburger: Okay. In just a few minutes his request but are there any questions from council to staff? Councilwoman Tjornhom: I have one. Mayor Laufenburger: Go ahead Councilmember Tjornhom. Councilwoman Tjornhom: Can you go back to the stipul down. MacKenzie Walters: Like this direction? Councilwoman Tjornhom: Stop. MacKenzie Walters: Okay. Councilwoman Tjornhom: Okay, I want to talk about the agricultural products and produce. If I heard you correctly when you were talking about your reasoning for you know why you agreed with some things and why disagreed with some things. With the agricultural products and produce you were concerned about a grocery store? MacKenzie Walters: So essentially if I take, and I understand from what Mr. Halla said, you 15, 20 years, whenever down the line someone else acquires it and I acquire it with an amended list of products and I see agricultural products and produce. That covers anything grown. There he garden center I am running a use. Councilwoman Tjornhom: So when you go to the farmers market right here at City Hall parking lot what regulation or stipulation do they have to be able to do that? 70 Chanhassen City Council October 22, 2018 MacKenzie Walters: Yep so the difference would be one a matter of zoning. The City Hall farmers market is located in office and institutional zoning. It would be, so because our special events permit says events hosted you know in association and in sponsorship with the city do not allows it there is the fact that seasonal sales are allowed in office and institutional districts which restriction that it has to be grown on the property. For instance if Mr. Halla were to partner with commercial business and that commercial business was to apply for a seasonal sales permit to feature agricultural produce he grew and other farmers grew, they would be able to do that there in a commercial district. Mayor Laufenburger: There at the Mustard Seed? MacKenzie Walters: Yeah, not the Mustard Seed sorry. If it was a property zoned commercial. Mayor Laufenburger: Oh okay, like the corner of Crossroads. MacKenzie Walters: Crossroads where the pumpkin patch is would be a great example of a similar arrangement yep. Mayor Laufenburger: So Mr. Halla could make, enter into a new agreement with a commercial MacKenzie Walters: Right because the A2 zoning does not allow for special and temporary events as a permitted accessory use. there a way that he could be allowed to do that because I know no one wants to have him put up a strip mall with you know 7- carry on with the property forever. It just, it just stays with the prop suggesting tha Councilwoman Tjornhom: Okay. I mean like I said to me it just, I was trying to connect dots and make sense of it all. 71 Chanhassen City Council October 22, 2018 Counc just. Todd Gerhardt: I mean if you want to allow pumpkins and gour Mayor Laufenburger: But if the pumpkin or gourd was grown on this property then he could sell it in the equivalent of a roadside stand because a roadside stand is a permitted use. Roger Knutson: Correct. Mayor Laufenburger: There. So if he grows it there. Councilwoman Tjornhom: No I totally understand that. I get it. but somebody, if he brings in a pallet load of. person and thinking. Mayor Laufenburger: I understand. I understand. Councilwoman Tjornhom: You know it just makes sense. Let the guy sell some vegetables during the summer but yes. Mayor Laufenburger: Mr. Campion. Councilman Campion: I have a quick question along the similar lines. Is there a simple zoning stipulate where he can sell snacks or a Coke or vegetables? MacKenzie Walters: So yeah again this property is unique in the city because the A2 zoning district as written would not permit, well any of the retail goods that are sold on the property. This deals back to and Mr. Knutson has a lot more background on this than I do but the short was litigation and over a 3 year period eventually where arrived was the 1997 Stipulation non- these items alone may be permitted on this property. And so in, if I were for instance to acquire 72 Chanhassen City Council October 22, 2018 a larger A2 site I would not be able to sell items like this on my property. Did that help at all or not at all? ue based on what we know is coming forward with the 101 realignment and all that as well. idea but you certainly. Or you could do a PUD. impending movement of 101. Councilman Campion: I understand from speaking to Mr. Halla that the realignment of 101 you k but I understand how construction affects businesses when it happens right in front of them and if there are reasonable things we Mayor Laufenburger: Well what we have here i modified, is that correct? MacKenzie Walters: Yes. . Halla essentially is requesting. MacKenzie Walters: I believe paragraph 1 and then Exhibit B would be modified. Mayor Laufenburger: Well paragraph 2 makes reference to Exhibit B. MacKenzie Walters: Yes sorry, yeah. Mayor Laufenburger: Okay agreement with Mr. Halla in everything except for this phrase agricultural food products is that correct? going to get that from Mr. Halla in just a second. Is thee any other council member questions to staff? Go ahead Councilmember Ryan. 73 Chanhassen City Council October 22, 2018 Councilwoman Ryan: Would you just explain the asterisks? So the revised request of agricultural products and produce would not be required but it does allow retail and grocery food sales? e already allowed but it would theoretically again were someone interested in doing it you could use it to sell any agricultural produce or product on it were it be adopted with that amendment and that language. Councilwoman Ryan: And can we not like we have with the other you know detailed list of products can we not create a detailed list of what agricultural products and produce we would allow? come up with an exhaustive list and bring that back for you absolutely. MacKenzie Walters: It is. Mayor Laufenburger: And does he want to sell meat products? MacKenzie Walters: My understanding is some meat products are available on site. Mayor Laufenburger: As snacks? MacKenzie Walters: I will let him provide that. Mayor Laufenburger: Okay, okay. Okay. Councilwoman Ryan: Well we already have a list of some of the just seems a tedious. Councilwoman Ryan: Well no Councilwoman Tjornhom: No I agree, I agree. Councilwoman Ryan: Responsibility. 74 Chanhassen City Council October 22, 2018 Mayor Laufenburger: This is a. Mayor Laufenburger: I think we should hear from Mr. Halla. Just as Mr. McDonald go ahead. Before we hear from Mr. Halla. Councilman McDonald: Can you go to the list of potential I guess complaints you got from people? MacKenzie Walters: The yeah. Councilman McDonald: Yeah. Okay is he trying to, I mean how often do we have these events there with the food truck? same permitting process and approval process we use for other businesses because then we know how often things are being done. What the impact is and again it creates that level playing field. Councilman McDonald: Okay well let me ask you about worried about farmers markets, craft fairs being held every weekend MacKenzie Walters: I again would defer to Mr. Halla in terms of what he, again I think you saw in the attachment he provided the list of annual events. That is what staff received when we asked for clarification as to what events were going on and we were not given increased clarity when we requested for it. Councilman McDonald: Okay then I guess my questions would be for Mr. Halla. MacKenzie Walters: Yeah okay, sorry. Mayor Laufenburger: There is one other thing and that is, in his listing of annual events he talks about alcohol and you specifically do not mention alcohol in, or your recommendation is no alcohol is that correct? MacKenzie Walters: Yes. Mayor Laufenburger: I just want to make sure I get that part properly. Yeah pre-packaged snacks and non-alcoholic beverages. Okay. And Mr. Halla provided a document that said 75 Chanhassen City Council October 22, 2018 alcohol if any is only served as legally allowed by law. All legal and applicable rules and ordinances obeyed per law and stipulation of use. So in this particular case alcohol is not listed ricultural district. Mayor Laufenburger: Okay, alright. And just for clarification I read Mr. L note and I anything else out of this? just trying to generate business. Okay. I think Mr. Halla we need to hear from you if you Mark Halla: I am, thank you. Mayor Laufenburger: Alright state your name and address please. Mark Halla: Mark Halla, 6055 Highway 212, Dahlgren Township. Mayor Laufenburger: Okay. like it might. Mayor Laufenburger: It still might be. Mark family bought this property back in 1962 so the City was still a township at that time. There was no A2 zoning. It was just, we were here and we were doing some stuff and in 1994 as MacKenzie mentioned we built another building. Took down a building. Built another building better structure. We had contacted the building department and said do we need a building needed one. They sued us. Put a stop work order. Cease and Desist. We counter sued. Three years later we come up with a Stipulation of Use and we go through an exhaustive process of these are all the things that you are now legally allowed to sell. The City handled that really 76 Chanhassen City Council October 22, 2018 ed to. She happened to have been hired in 1997. Same time that this stipulation was done. Everything that we are requesting approval for any additional items attention that some people staff wise have been very literal in reading the list, there are some Mayor Laufenburger: Well just let me clarify one thing Mr. Halla. This happened before any of us were on the council. The council has a responsibility to essentially enforce and comply, you know we had some compliance as did you in accordance with a Stipulation Agreement. Mark Halla: Absolutely. Mayor Laufenburger: Well I think, I think the position of the staff is, at least right now is that Stipulation Agreement this council has the ability to modify that agreement so, to allow changes. Whatever those changes are. Is that correct Mr. Knutson? We can change that. ine and a snack machine. Staff says no. thought that I should you saying would you present some mercy and consider allowing us to have these extra items. They are items that we simply missed. Most of which are actually covered if you really play out m told now staff believes are in violation so that we can continue doing that. Fruits ct 77 Chanhassen City Council October 22, 2018 ffic. Already has a business. We do ression that all agriculturally allowed zoning allowed items would apply to our business. That was my understanding. That if you could do it under agricultural rule, you could do it here. I was told by staff that my interpretation is incorrect. That I desire to be a grocery so maybe if the thing is agricultural food products and produce but you meat products. products and they have elk products and sometimes bison and they have people come to our garden center to pick them up. Mark Halla: A Community Sup agriculturally produced items, mostly from Carver County. We contract out our honey growing produced on our site because the hives that we had all got killed by the golf course and their insecticides so we have other people producing the honey and we sell it as much as we can Mayor you mentioned that. We have catered events sometimes where we will have a ladies far as I reme shopping. Sometimes two. have a liquor license. Mayor Laufenburger: Okay. 78 Chanhassen City Council October 22, 2018 Councilman McDonald: Can you give it away? r. Mayor Laufenburger: Alright. Mayor Laufenburger: Any other comments? Mark Halla: No, thank you for hearing me out. Mayor Laufenburger: So your, do I understand correctly with one exception and that is you would like to have agricultural products and produce as an acceptable item for sale. Mayor Laufenburger: Everything else is acceptable? food trucks. This year we did four. where this all started. I want to give MacKenzie credit because come talk to us and Mayor Laufenburger: And did he ask you to do an event permit? Mark Halla: Yeah. Well I came in and talked with him right and I was intending to meet with Kate and I thought we were going to talk through things. She got called away and we talked really confused then becaus products so that was what stemmed me saying well maybe we need to go to the council as permitted by the Stipulation and ask for you to allow that. 79 Chanhassen City Council October 22, 2018 Mayor Laufenburger: So Mark. Mark Halla: The food trucks was asked by the way. Todd asked me to put that on my request from staff was that food trucks are not allowed on public property without an event permit. Mayor Laufenburger: Right. written very well that the over arching goal of that ordinance was to prevent people from having food tru Mayor Laufenburger: So when you started selling food what category of product on the permitted products list did you think food fell under? Mark Halla: I think that we believe that agricultural produce being sold from a garden center think pumpkins is listed. products knowing that this stipulation agreement was i Mark Halla: Yeah. Mayor Laufenburger: Please do. nnials that I sell. We simply said we sell plants so that was my process is that I thought that the underlying zoning Mayor Laufenburger: Do you sell feed for cattle? Mark Halla: We do. Not for cattle. For horses and chickens. Mayor Laufenburger: Okay. 80 Chanhassen City Council October 22, 2018 Mark Halla: And reindeer. ded. game farm products listed there. Yeah. Mayor Laufenburger: Right. been in place since 1997. Roger Knutson: Correct. Mayor Laufenburger: Has there been any attempt to modify it between 1997 and now? Mark Halla: We had no idea that we were considered in violation. Mayor Laufenburger: The answer is no. Mark Halla: No, absolutely not. Mayor Laufenburger: Right, okay. Alright. e Department of Ag. Inspected by the Department of Ag. By the USDA as well as the Minnesota Department. Mayor Laufenburger: On the Exhibit B it says products for the installation, sales, care, maintenance and ornamentation of plants, lawns, animals and other landscape features. And then it identifies all of these things. Mark Halla: Yep. 81 Chanhassen City Council October 22, 2018 Mayor Laufenburger: And the miscellaneous items, plants or materials for the aesthetic practical improvement or use of indoor and outdoor living spaces. Mark Halla: Yeah the concern at the time of the Stipulation was that we were a retail store like a permission to sell without even asking for it. Our concern was are you going to make a deal if, or an issue out of us selling labels. Is that going to be a problem? this but Mark this is, this is how I have kind of boiled this down. I believe that you sell products You also want to market and promote your business. You want to do things to improve the experience that people have when they come onto your site to buy your products. Your landscape and you know maintenance, ornament, plants, lawns, animals and the experienc they come onto buy your products, your landscape products and your agricultural products, that that now is becoming an expansion of your business. I fully support the creative marketing efforts that you have to hold events and stuff like that but when those events cross over the to reference your list that you provided like to have on your site? Mark Halla: No. Mayor Laufenburger: Okay. But it could, that could be considered a personal event right? Mark Halla: You were asking for a list, I was asked by staff to provide a list of events. My understanding of what an event is, under the rule of law in Chanhassen is very, very broad. We have Santa Claus Saturdays and Sundays. In the morning and in the evening. Mayor Laufenburger: Yep. afternoon is an event or how about just Saturday or Sunday? Mayor Laufenburger: I think it was probably a weekend event but that. Mark Halla: Well I would like to think so. Mayor Laufenburger: Yeah. 82 Chanhassen City Council October 22, 2018 have an event almost every single day right? I serve hot chocolate. I serve coffee. I serve tea. coming to your store right? business. coming to your business to buy the products that are sold in accordance with Exhibit B. Mark Halla: Correct. Mayor Laufenburger: Okay, alright. Well it appears that the only point of concern here is agricultural products and produce. because I thought it eliminated the concern that I would become a grocery store. I was trying to tha Mayor Laufenburger: Yeah. commercial this all goes away. Mayor Laufenburger: Council, what do you want to do? Councilman McDonald: Mr. Mayor? Okay I guess the, this is a tough one. Maybe not as tough expand this business into something like Wall Drug Store which is everything in the world, all kinds of products and that does attract people to get off the interstate but how, are you having events every weekend with like food trucks or your drawing people to the business? Explain to irst say that. I 83 Chanhassen City Council October 22, 2018 Mayor Laufenburger: Well MacKenzie shared the comments that he got from phone calls. Mark Halla: Sorry, before this notice was sent about these products of which none of the neighbors expressed any concern about the products. They expressed some events. Have there been filed complaints with the City regarding our use? MacKenzie Walters: Not to my knowledge. Mark Halla: Mine either. No police reports. No issues. Our events. Right the whole food truck a petting zoo and we bring in the children for the petting zoo and hopefully the parents spend some more time buying the stuff that we make money on. We added two food truck Fridays this year. about something. You said the easiest way is just rezone it and become commercial. Well at that point It was to kind of limit what your business is but yet at the same time there needs to be a got to have events to get people to come in. I understand all of that and what I wrestle with is, sell in a couple of years and someone else comes in and says ah, well I can do all of this. You from there. That was never our intent. Our intent would be that oka yes within that a lot of this stuff, honey and all of that comes from gardens. I can make the connection. The Coke machine should have been a no brainer. I mean you can walk into almost you can help me with Mayor Laufenburger: Do you have camels? Kate Aanenson: Reindeer. 84 Chanhassen City Council October 22, 2018 being expanded? your main business is landscaping, agricultural business which one of the permitted uses is the market and promotion of that, if we put in here some things that would support that and try to quantify that beca come up with some language kind of quantifying what those things would be. Work with you on that and just try to quantify what you are expecting on those weekends or those special events. Whatever those holidays are. worry about the food trucks. Councilman McDonald: I think the food truck is covered. Just get a special event permit. Mark Halla: Right. Kate Aanenson: Right. Mark Halla: So as far as expanding the actual business, I mean again these are things that we there. We simply missed getting them identified somehow in a category because of our own that plan that shows the R and the. Kate Aanenson: Yep. aware of is some is this an acceptable expansion. I think other than the greenhouses that are approved for there if you look at it that way. 85 Chanhassen City Council October 22, 2018 Kate Aanenson: So just going back to the CSA stuff, some of the honey. All that stuff which we would categorize as kind of supporting that, making that a sub- seasonal stuff. Try to find a category to kind of rework and to quantify that so we have a better hotdog. You sell the hotdog so people come to the store and buy the hotdog. Enjoy the experience of buying landscape materials right? oming to you because I want to be a man of integrity and if I need permission to have a pop machine then I need to come here and say may I violation since 1997. anything. There was an understanding considered to having Santa Claus there was an event. Mayor Laufenburger: Well I wonder if going on your comments Kate, I wonder can we, Roger we can modify the Stipulation Agreement is that correct? Roger Knutson: That is correct. Mayor Laufenburger: Okay. So we could modify the Stipulation Agreement to say that these products can be sold as part of your business and these activities can be, are agreed to be permitted on site for purposes of marketing and attracting customers. Kate Aanenson: Yeah or tie them into the agricultural part yeah. Yeah because the other thing, the other way we do it is we allow seasonal sales. This goes back to the corn huts. When I first Mayor Laufenburger Kate Aanenson: Yep so we permitted those. We have Christmas tree lots in town. Those are all seasonal sales. We have people that sell produce on commercial lots in town but they get permission from the owners so we know how to do that. We just want to quantify that. I think Mayor Laufenburger: Well thrive. Not for his business to expand to other areas but for his business to thrive so we like the 86 Chanhassen City Council October 22, 2018 he should have the ability to do things to improve the experience of his shoppers, and by the way his employees. Not only do stores have pop machines but offices have pop machines for s a way to give Mr. Halla an opportunity to increase the attractiveness and the traffic in his business and if he has a major event with a food truck or some other event that could impact the neighborhood, as Mr. bout it. Councilwoman Ryan: I agree. Councilwoman Tjornhom: I agree. Councilman McDonald: Yeah. Mayor Laufenb Mayor Laufenburger: In just a moment okay. Mayor Laufenburger: The answer is yes you can. Maryanne, is that right? Maryanne Halama: Yes. Mayor Laufenburger: Come on up. Maryanne Halama: And yes I love you. Mark Halla: Thank you. Maryanne Halama: And I want you to thrive. Mayor Laufenburger: State your name and address for the record. 87 Chanhassen City Council October 22, 2018 a, Mustard Seed to can go pet the animals. It brings families it is I think another way to increase more things to do. You know when we go places we want to eat you know for example. So yeah I do think it I, I think everything on the list is, should be s from neighbors, I decided to show up instead of write something. Traffic today at 5:15 it was all the way around the corner on 101 backed up because of the light at the bottom of the hill. It was backed up almost to the nursery that I could see out my throw that out there since it was brought up. I think you know what will it take to make him sking for. complaints whatsoever. Mayor Laufenburger: Thank you Maryanne. Mayor Laufenburger: So I, getting back to what, I th like to see a Stipulation Agreement modified to reflect the ability for him to sell the products that support his current business but also give him the latitude to be creative and permit marketing activities that draw people to his attraction. Now we have to recognize that he is in A2 and there are some limitations associated with A2 but you have the spirit of what the council would like to see in the Stipulation Agreement and I would just ask you to work with Mr. Halla. Kate Aanenson: Yep we can work with them and then bring it back to you. Mayor Laufenburger: Alright so. Any other comments? Mr. Campion. Councilman Campion: I mean at some point in the future do, if the easiest thing to do is to update Mayor Laufenburger: Maryanne did. 88 Chanhassen City Council October 22, 2018 Councilman Campion: Right. You know but I want to support small businesses in town something like that from what I. Councilman Campion: But I just, I for a long, long time. Mark Halla: May I respond to that? Councilman Campion: Yeah. Mark Halla: Okay so I think I can trust Kate. I think she understands the spirit of this. I think that we can work out an annual permit of some sort to say these are the types of things that are then if we need to talk about the event stuff we can sort that out. Councilman Campion: Okay. Mark Halla do I not sell pumpkins or issue with those things. Mayor Laufenburger: What kind of personal care products do you sell? about hand lotions. Right. echaneous stuff. going to sell these little mustard 89 Chanhassen City Council October 22, 2018 seed earrings and now we have people who make our little mustard seed earrings but by rule if, I gift to yourself so can say well how do we Mayor Laufenburger: Yeah well we could go back to 1997 and redo it then but we have the wisdom on hind sig real. Mayor that wants you to be successful. We want to do what we can to help you be successful and rmit I think that all contributes to giving you the guardrails that you can operate under. Mark Halla: Totally agree. Mayor Laufenburger: So. Councilman McDonald: Mr. Mayor? Mayor Laufenburger: Go ahead Mr. McDonald. Councilman McDonald: Yeah the only comment I would make is, you know as I said I want you suggested and I really think that will help. The only thing I will ask about you is that okay, I Mark Halla: I am not holding my breath. Councilman McDonald: But based upon you know the zoning you have I just want you to make sure you fully understand what that means and as part of this process of working with Kate 90 Chanhassen City Council October 22, 2018 re and that will help you, you know as far as a walk through about what I can and cannot do, if you understand what the zoning is and you bring that back you know with Kate and she can explain things as to why it serve you quite well. Mark Halla: I agree. Mayor Laufenburger: Thank you Mr. Halla. Mark Halla: So are we going to approve any of these items tonight? Mayor Laufenburger: No. Mark Halla: Or are you saying we just work through it. Okay. Awesome, thank you for your time. Mayor Laufenburger: But it does, whatever comes back to us we have the authority to modify that stipulation agreement. Mark Halla: Right you can say yes or no to it. Mayor Laufenburger: Yep exactly so. Mark Halla: I get it, thank you. Mayor Laufenburger: Thank you Mr. Halla. Mark Halla: Appreciate it. about infiltration and inflow. Todd Gerhardt: We can table that to the next agenda. Mayor Laufenburger: Next work session? Okay. COUNCIL PRESENTATIONS. None. ADMINISTRATIVE PRESENTATIONS. None. CORRESPONDENCE DISCUSSION. None. 91 Chanhassen City Council October 22, 2018 Councilman McDonald moved, Councilwoman Ryan seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The City Council meeting was adjourned at 10:50 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 92