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CC VER 2019 07 08CHANHASSEN CITY COUNCIL REGULAR MEETING JULY 8, 2019 Mayor Ryan called the meeting to order at 7:00 p.m. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Ryan, Councilman McDonald, Councilman Campion, and Councilwoman Coleman COUNCIL MEMBERS ABSENT: Councilwoman Tjornhom STAFF PRESENT: Todd Gerhardt, Kate Aanenson, Jason Wedel, Roger Knutson, and Greg Sticha PUBLIC PRESENT: Liv Horneland 16924 68t Avenue North Larry Koch 471 Bighorn JoAnn Syverson 489 Pleasant View Road Donna Burt 6645 Horseshoe Curve Mary Freeburg Osborn Historical Society Mayor Ryan: Thank you everybody. Welcome to this evening’s meeting. To those of you watching at home either on Mediacom’s city cable channel or those who are livestreaming from Chanhassen’s website, we are glad that you can join us. For the record we have all members present except for Councilwoman Tjornhom is absent tonight. Our first action is our agenda approval. Council members are there any modifications to the agenda as printed? If not we will proceed with the published agenda. No public announcements so next we have the consent agenda. PUBLIC ANNOUNCEMENTS: None. CONSENT AGENDA: Councilwoman Coleman moved, Councilman Campion seconded to approve the following consent agenda items pursuant to the City Manager’s recommendations: 1. Approve City Council Minutes dated June 24, 2019 2. Receive Planning Commission Minutes dated June 18, 2019 Chanhassen City Council – July 8, 2019 2 3. Approve Temporary Modification of the Licensed Premises to Serve On-Sale Intoxicating Liquor in Axel’s Parking Lot for their 20th Anniversary Celebration to be held on August 11, 2019, located at 5609 West 78th Street 4. Adopt Water Supply Plan 5. Resolution #2019-32: Approve a Resolution of Support for the Carver County Highway 61/41 Corridor Study 6. Approve Lease Agreements with Verizon Wireless, LLC for the Arboretum, Lake Lucy and Minnetonka Middle School Water Towers 7. Approve a Special Assessment Agreement for 2630 Orchard Lane 8. Resolution #2019-33: Approve a Resolution Authorizing Transfer of 2018 General Fund Surplus as amended 9. Approve a Parking Easement Agreement on City Property for Redevelopment of the Applebee’s Site All voted in favor and the motion carried unanimously with a vote of 4 to 0. VISITOR PRESENTATIONS. Mayor Ryan: I know we have some scheduled visitor presentations so I will start and welcome Senator David Osmek. Welcome Senator. Senator David Osmek: Madam Mayor, members of the council, good to be with you tonight. There’s a new face here. Unfortunately I’m very low on business cards and it looks like we have some repositioning here so congratulations to the new few people here. I’m here for my annual report as well as to listen to any issues that you might be interested in bringing to my attention. The legislative session finished with a little extra overtime this year. Was quite different. I’ve experienced actually this will be now I’ve experienced all four different iterations of what a legislative body could be. A full Democrat. Full Republican. Democrat house, Republic Senate and Democrat Senate, Republican House so in my now 8 years it’s very interesting to see how each of them works a little differently. Just to go through a few things. We did pass a budget. It wasn’t perfect but you know what the old saying is, is if all three sides in this case with the Governor think that they weren’t terribly happy it must have been a good compromise so we did get out of session with what I think is a reasonable budget. It increased spending for priorities which included education spending. It also maintained what we had in our pockets for transportation which I know that’s Councilmember McDonald’s interest in Southwest. I’m a very big supporter of the Southwest Transit system. I did want to talk about a couple of different things. One, we did have an Opioid Bill that passed the Senate and passed the House and was Chanhassen City Council – July 8, 2019 3 enacted and actually is now law. I voted against it. I was one of the few, I think there were only 5 in the Senate. I want to explain why. I didn’t disagree with the Bill itself. With the program itself. I thought it actually was a pretty good idea. The problem is we’ve created a plan which is about $20 million dollars that is going to be a new fee or licensing fees on drug manufacturers and on physicians. My issue is this. The vast majority of the problem with opioid addiction and abuse isn’t really the people who are legally getting them prescribed. There’s a little bit of it and over prescription is a problem but right now the insurance companies and even the State of Minnesota regulate and monitor that so thoroughly that very little in my opinion, very little is coming from that source. It’s far more illicit drugs. When we create that fee structure and we put it on manufacturers or put it onto doctors for license fees we’re passing that onto the consumer and the vast majority of those consumers are not the ones who are causing the problem. My position has always been this. We have had a budget surplus at least 3 out of my 4 term, legislative session terms. We had the money. We as Minnesotans should all be paying for it. Not a small group that’s very much not the problem when it comes to this particular issue so that was my reasoning behind it. It was not necessarily the program. It was far more how you fund it just like as a City Council if you decided well we want to fund our parks. Great idea but we’re going to create a street fee or we’re going to put in parking meters downtown and then push that money out to parks. You can do it. It’s just not necessarily the right way to do it so that’s one of the issues that I wanted to bring your attention. The other one was distracted driving. Last time I was here I talked about it. We did pass one of the two Bills. Unfortunately the one Bill that didn’t pass was mine. The distracted driving, the Hands Free Driving Bill did pass. Was signed by the Governor. Will be law on August 1st. The State Patrol and policing agencies have been trying to tell people put this, where is it? I know it’s here someplace. Put this down. We’re killing people and I was proud to be a co-sponsor on the Bill and we did get it through the legislative process. What we didn’t get done was changes to my Bill which was the distracted driving penalties Bill where it didn’t matter if it was a cell phone or if you were using your cell phone, not hands free. You were distracted. You killed someone. You’re going to be treated like a drunk driver. So we’re working on that. I’m hopeful, it did pass the Senate floor with a very wide bipartisan margin. I’m hoping that the House will take it up and take it, and put it into conference committee for next year. I’m also very optimistic that we can get some energy policy in Minnesota to continue us down, or continue us towards a cleaner energy environment or energy economy because if you’ve seen the commercials Xcel Energy is moving in that direction. But the House’s plan was far more extensive, far more and I’ve used the term radical than the directions that we in the Senate have been going. I’ve been going in the interim as we call it, going to the Senate quite a few times last month and I was there today, continuing to work with stakeholders on getting something that not only can environmental concerns be agreeable to but also business, industrial and residential. Because the more we heap onto our energy rates the more expensive it gets behind the scenes when you pay your electric bill so I continue to work on that during interim as well as a number of different issues and as well as any issues you might bring up tonight so with that I’ll answer any questions you might have or any concerns you might have. Chanhassen City Council – July 8, 2019 4 Mayor Ryan: Thank you. Council any questions or comments for the Senator? Well I would like to say that I was very happy to see you supporting the distracted drivers Bill. I remember asked you about it last year and there was, you had your concerns about it and so I was very pleased that, that the State took action and that you all did something about it because it is a problem and I was very happy to see that you were involved in it and that it got done this year so I appreciate that so I wanted to. Senator David Osmek: Step one. Mayor Ryan: Step one yes. Yes step one is always a good first step though so I appreciate that. Senator David Osmek: Yes. Mayor Ryan: I’ve asked some of the other folks that have come before us in terms of getting in touch with you. Your constituents. What’s the best way? Times? Numbers? What’s the best way to contact you if they would like to discuss any of their issues? Senator David Osmek: Always the best way is to contact me through my Senate email which comes in here too. Sen.David., I’m sorry. Let’s see, Sen.David.Osmek@Senate.MN or just go to the Senate.MN. Look for me on the list of senators you’ll find me. Mayor Ryan: Perfect. Senator David Osmek: The other one is you can always call my office at 651-296-1282 but you know what I really don’t get a lot of phone calls. People like to use emails and being the Chair of Energy and Utilities one thing I bring up to people if you’re having problems with your WiFi and we’re having problems with that in the northern section of my District, certainly contact me because I have the gavel for that particular subject matter area and me bringing that to the attention of the telecoms gets a lot more attention so to speak. Mayor Ryan: Okay thank you. And Representative Boe and Senator Jenson came and it was while they were in session and they said that they were in the area on Fridays so I didn’t know if there were certain days, I know it’s a little bit different now. You have all the time in the world but if there. Senator David Osmek: Actually I do have quite a bit of time. I was actually lit dropping in your city today so. Mayor Ryan: Nice. Senator David Osmek: I do get around but it’s really not very far for me to come down out of Mound. It takes me about 10 minutes so happy to come out and talk with any constituent that needs some help. Chanhassen City Council – July 8, 2019 5 Mayor Ryan: Wonderful, thank you. Thank you for being here tonight. Senator David Osmek: Thank you very much. Mayor Ryan: We appreciate it. Next we have the Chanhassen Historical Society. I don’t know who’s presenting this evening. Welcome. Mary Freeburg Osborn: Good evening. Mayor Ryan: Good evening. Mary Freeburg Osborn: Thank you for allowing Chanhassen Historical Society a few minutes to speak to you for a second time in a number of weeks. Jack Atkins, excuse me I can’t pronounce his name. Jack Atkins presented a few weeks ago and Paula Atkins, the President of the Historical Society asked that I present for our organization this evening. My name is Mary Freeburg Osborn and I was fortunate enough to grow up here in Chanhassen. We are requesting from the City of Chanhassen stewardship of the historical Village Hall as a museum and event center. CHS, Chanhassen Historical Society is a 501C(3) organization and we are requesting the City of Chanhassen incur the costs of maintaining that facility. CHS would have a physical address and provide validity to our organization which would make our goals obtainable. Our strategic goals are to increase community visibility in order to expand the Society’s membership. Goal 2, increase business memberships. Goal 3 is to attract new members and volunteers. Goal 4 is to organize our tasks and responsibilities within our organization and goal 5 is to expand our fundraising capability. We would like to provide to the City Council a status report on our goals and actions on an annual, bi-annual or whenever requested by the council. Even though we are a non-profit organization we could incur a portion of the utility costs on an annual basis if requested. This past week we had the privilege of sharing our artifacts in the Historic Village Hall on July 4th and it was an overwhelming success. We asked people that walked through the facility to sign a petition and we have over 150 people that signed the position so an overwhelming amount of people that came in and we would like to see a marriage of the Historic Village Hall and our society preserve that facility and that we become the stewards of that facility. Mayor Ryan: Thank you. I appreciate your presentation. Mary Freeburg Osborn: Do you have any questions? Mayor Ryan: Council any questions? No questions. I you know, we appreciate you being here tonight and the service that you provide. When Mr. and Mrs. Atkins came to the meeting previously we had discussed, we had a great discussion and at that time while we weren’t able to offer support in moving forward it wasn’t a no and I wanted to make sure that, you know that that’s very clear but what we would like to be able to do and what we had shared is that it will be Chanhassen City Council – July 8, 2019 6 a consideration as we move through our budget process. Also heard great things about the 4th of July. Spoke with Ms. Atkins as well and she shared the same comments about being open and the number of visitors that you had so you know we recognize the interest. What you provide and the importance that you provide for the City from a historical perspective and it will definitely be part of our conversation as we move through the budget process so that is still 100 percent on the table for discussion for us. Mary Freeburg Osborn: Terrific. Mayor Ryan: So thank you again for being here this evening. Mary Freeburg Osborn: And thank you for your time. Mayor Ryan: Appreciate it. Thank you. Other visitor presentations this evening? Mr. Koch? Larry Koch: Would you like to go first? Go ahead if you don’t mind. Mayor Ryan: No, absolutely. JoAnn Syverson: Good evening, I’m JoAnn Syverson. I live at 489 Pleasant View Road. July 4th this year I was going to have a party. 15 kids ages 1 to 13, about 15 adults. They were expecting to wake board and tube all day but when they came I said I’m sorry, we’re not having a wake on our lake. It’s just too high so we have to find fun in other ways. They ask why. Instead of watching other boats zipping by sending wake towards shore, and I said because we are courteous neighbors and we care about this lake. I had them look at the shoreline as the waves crashed in and I said you know our damage isn’t even as great as many other people who live on this lake. So they asked well why wasn’t there a no wake ordinance placed on the lake during this busy holiday weekend and I said because the City messed up. Lotus Lake had extremely high water over this last weekend. I heard that we had even hit the new lower high water level that would automatically kick in a no wake ordinance but the City had not filed the proper paperwork or done the correct steps with the DNR to enact a new measurement. I don’t know if that was true. That is what I had heard. But I was shocked we did not have an emergency no wake ordinance called on Lotus this weekend. Doesn’t the City have the power to enact a no wake on our lake? Especially because of projected high volumes of boaters on a holiday weekend. I was told the City Council was not meeting until tonight, July 8th so no measures would be taken. Why was a planned monthly meeting needed to handle a crisis situation? I would like you to address the reason Lotus Lake did not have a no wake restriction this last weekend. What was your reasoning? Isn’t it a part of your job to protect the natural resources in Chanhassen? You are responsible to protect the City’s beauty and resources for our future generations. You are their voices. Not just the voices of the voters today. Sometimes you have to say no to people short term fun for the righteous long term benefits for all. This is your job. Thank you. Chanhassen City Council – July 8, 2019 7 Mayor Ryan: Thank you Mrs. Syverson and actually I can address a couple of the questions that you brought up. You asked about why we didn’t do anything and enact a no wake zone. The reason why we did not enact a no wake zone is because you had not reached the high water mark. We took the measurements and on July 3rd the lake, and this email had gone out. The lake level remains below the no wake elevation in our city code at that time is 896.6 and just below at the lower one that we had proposed was 896.3. On the, at the time of, on July 3rd the Lotus Lake level was 896.24 which was already down from .05 from the previous day and there was no expected high rainfall in the next few days so we were not even at the high water level to enact a no wake zone and that is why the City did not take any action. In terms of your comment about the City did not do anything. There is a process that we have to follow and again this has been communicated to different members of, or residents on Lotus Lake. I’m not just talking about the Lotus Lake Association but there is a process in order to change the existing of 896.6 and the process is that we have to file it through the DNR. We have to hold a public hearing and so there is a process in place to actually change it to the one that we have recommended to lower it to 896.3 so we are going to begin the process. There’s an application that has to be filled out. It has to be reviewed by the DNR. We have to hold a public hearing. That does not just include the residents on Lotus Lake but it includes a public hearing for anyone that wants to comment on it and so we are going to begin that process. But to suggest that we didn’t act, we didn’t act because it had not reached the high water mark. Any other visitor presentations? Donna Burt: Good evening, I’m Donna Burt of 6645 Horseshoe Curve. I’d like to start and mention that I’ve lived in Chanhassen for 19 years. I’ve been boating for almost twice that amount of time and today I’d like to share a bit of background pertaining to the boating experience that both me and my husband Mike have. And share some photographs and some short video clips taken over the past holiday weekend. I’ve been boating all of my life. I grew up boating on the bays of the Atlantic Ocean. At age 5 Mike and his family began sailing on Lake Pepin and they continued this tradition for the better part of two decades racing in regattas. I’ve had 3 different boats during the past 19 years in Minnesota. A 30 foot cruiser used on the St. Croix and Mississippi Rivers and a large deck boat kept out on Lake Waconia Mike has captained 11 different sailboats and can sail each of them completely solo. Combined we have roughly 80 years of boating experience. We have acquired the experience and skills to understand what safe, practical and courteous boating is as well as what is reckless and uninformed. In any outdoor sport one must concede to Mother Nature. When it’s lightning games are called. When there’s no snow we can’t ski. When there’s no ice we can’t ice fish. Boating is no different. The elements of wind, water and changing weathers are all things that we need to heed and respect. These are all part of safe boating. I have photographs that illustrate that it is unquestionably clear that the water level on Lotus Lake constitutes an emergency. It is too high to operate at speeds that create a wake without harming others. The State of Minnesota has provided us with the ability through Minnesota Rule 61-10-3700 Subpart 9 and it is our duty to act. It is a ridiculous assertion that conditions on Lotus Lake are safe if you know what you’re doing. If you point your boat in the right direction or if you take personal responsibility. The traffic on the lake this past weekend was extreme. That in combination with the high water and the small surface area creates a very hazardous condition. I could share our Chanhassen City Council – July 8, 2019 8 experiences and two specific close calls but with 5 minutes to speak and videos to show there just is not enough time. The level of Lotus Lake has been high since spring. On two occasions breaching our shoreline. The City has been provided with ample information to act yet has still not done so. When a fatal accident occurs or injury more severe than just bruised ribs happens none of us can say we were not cautioned. We were not made aware. We didn’t know. These safety concerns are very real and based on facts. In close we need to enact emergency no wake at the level the lake is today. I will show you some videos. I hope this works. This is all day, every day. Into the evening boats are towing people at night as well. Here is from the dock. You’re not seeing the boats go by because it takes a minute and 7 seconds for the wakes to reach my shore. That is 750 native plantings, over $10,000 in what the DNR recommends as a buffer. We meet that with all the hardscape rocks that have fallen. If the water was just high my property would be dry. It is the high water in combination with the wakes. Here is a photo, I don’t know how well this is going to show but in here this is water. Back here is the easement for the city sewer line. This photo is taken from the opposite direction. Back here you can see the cover and back here you can see the water. So the water is 10 feet in. Again would not be there without the wakes. Here’s the other side of the yard. I have roughly an 8 to 10 foot natural vegetation buffer as well as hardscaping to meet that and the water is still cresting the shoreline. Here is photos of the beach. We tried to sandbag it. Here is what it looked like at the end of the day. And this is a tree across the lake from us. Here is Carver Beach Park. This tree has not fallen in the water and two of our trees are about to go. One of them is the tree that runs beneath the sewer line. The City Engineer came out and explained that they could raise the opening higher. He assured me that it is sealed and no water can get in there. That is not the concern. The concern is that when the root system goes it will actually ruin the sewer line from beneath. As the shoreline erodes and shifts it erodes and shifts from the bottom up and it is unstable. Raising the opening is not going to help that. The level for the proposed amendment to the permanent no wake is not high, is not set low enough. I’m not asking anything about that amendment tonight. I’m asking about an emergency no wake. We have the power to do that and we should have done that and these photos and videos show that without question. That is all. Mayor Ryan: Thank you. Mr. Knutson, for clarification what constitutes an emergency? Roger Knutson: The rule does not define local emergency. That’s something you have to determine on your own based on your understanding… Mayor Ryan: Okay. Thank you. Before I make a couple other comments any comments or questions from council? I just want to follow up. I mean we obviously, and I know Mr. Koch is going to speak as well. Well why don’t I let you go ahead and speak first. Go ahead. Larry Koch: Thank you. My name’s Larry Koch, 471 Bighorn Drive in Chanhassen. First of all I want to thank you for allowing me to speak last time and thank you for opportunity to speak to you tonight. I earlier this evening sent you a letter which I have a copy of and which I will go through regarding this issue of the high water and I think it’s a very important issue that we need to cover and I’m going to, I always think visuals are helpful to really to understand the level and Chanhassen City Council – July 8, 2019 9 the extent of the issues so let me begin. I know your time is valuable. So first of all I don’t know if you’ve had time to read my letter from the last meeting and the pictures but if you haven’t please do. Effectively what I’m here to tonight to ask for is that the council adopt an emergency resolution pursuant to Minnesota Rules that will lower the level at which boats have to, or excuse me. Have to travel at slow or no wake speed. Specifically 895.88 feet or 895 feet 10.6 inches. Now use this to show the issue. This represents basically 895 feet so at the bottom. Currently out outlet from Lotus Lake is at this level. 895.4 feet. The average level of Lotus Lake is right here at 895.53. That’s the average using the State of Minnesota’s data over the last 10 years so you can see how close this is, our average to the outlet and it stands to reason. This up here is what has been called the ordinary high water mark. Now that’s defined by Minnesota as being that line or that elevation at which the, they call it the terrestrial plants. Where the grasses and the trees meet the aquatic plants. In other words the water has been on that, below that the water has been there sufficiently that it’s basically aquatic plants. Above that it’s effectively grass, okay and trees. At this point any water that goes above that is going to have an impact on everybody’s grass, trees, and other shrubs. Right here is the current no wake level. This is over 5 inches above the place where the aquatic plants and the terrestrial plants meet. Here’s what that means. Basically on my property I’m going to have to have 5 inches of water over almost all of my property before our no wake would kick in which means that if any boat goes past, okay at the normal speed using the data from the, I believe it’s called the Water Sports Industry Association, it’s 5 more inches. So I’m flooded by 5 inches. The normal boat goes by, I’ve got another 5 inch wave that’s casting across my property. Then if you take using again the WSIA’s own information, if you take a wake boat and go by at 300, both of these are at just 300 feet, this is where the waves are going to go. I’m going to have over a foot of moving water across my landscape and it’s going to be taking dirt, grass, everything else. Taking it back and putting it into water. My point is is that clearly the current no wake is not justified. It does not protect anything. It’s basically super flood. If we get above 5 inches above the ordinary high water mark we’re in big trouble so you have to have a no wake line much below this and it has to be below the ordinary high water mark because at the ordinary high water mark, which is where let’s just say my grass and the aquatic vegetation starts, any wave is going to be another 5 inches above that so it’s going to go onto my property. If I use, if we have a wake boat go I’m going to have 12 inches across my property. So the proposal that I have is to set the no wake should be 5 inches below, a minimum of 5 inches below the ordinary high water mark. And that is to protect the surrounding properties from the impacts, that’s just of a regular boat. Wake boats because they’re another 5 inches, at least 5 inches bigger wakes should literally the no wake for them should be down here under actually the 10 year average. So I’m asking you to pass an emergency resolution as allowed by Minnesota Rules to lower that level to right here at 895.88 feet for regular boats and the 10 year average for wake boats. It’s a minimum we have to do in order to protect the shoreline. This is why Mrs. Burt and others are having this type of damage. I want to correct, one thing I want to add I think there’s some, there was misunderstanding and the past is the past. I think there’s misunderstanding what maybe what the City could do and couldn’t do but clearly they can pass an emergency resolution which is good for 30 days. The DNR basically has no input on it but you have to pass it but it can only be for 30 days. We should, I believe you should immediately pass this emergency resolution to protect our shoreline Chanhassen City Council – July 8, 2019 10 while the water is so high. Once it gets, once the water gets down here to the average we’re in pretty good shape. We’re going to have enough shore for the waves to roll up and not be a problem. And in many years you know the water level is low but this year is one of those abnormalities. And I think it’s important to remember that Chanhassen’s own statute, ordinances are nuisances cover the issues and the problems caused by wake boats. Particularly it says that it’s going to be a nuisance to unlawfully interfere with uses or obstructs or tends to obstruct or render dangerous for passage of lakes, stream, navigable river, or public water. It also says depreciates the value of the property of the inhabitants of the city and anyone that renders the inhabitants of the city insecure in life or use of property. We’ve already heard that people have been injured and damaged because of the high wakes on the high water. And what’s really important is Section 13.3, it’s the duty on the City Manager to enforce these rules so we already have rules in place that we should be enforcing to protect people’s person and property. So I call upon the City not only to pass an emergency ordinance so it’s clear to everybody these, this level is just too high. The wakes caused by that are going to cause damage. Do that and in addition where necessary enforce your very own ordinance of pertaining to nuisances. Excuse me. Now I heard at the last presentation or the last council meeting about waiting for the DNR and two things. One we can’t wait for the DNR and two, that’s not how the DNR works. The DNR process is clear. A local government unit comes up with the statute or ordinance and then submits it to the DNR for approval. I’ve read the rules. I don’t see anywhere in the rules where it even requires a public hearing. I’m not saying that’s not a, that’s a bad idea or a good idea. I don’t see that it’s requires it. Notwithstanding what somebody else might say. I just read the rules and that’s what the rules say. This council can pass it. Send it down to the DNR for their comments. They have 120 days in which to decide whether or not they want to approve it so I think during this, so I ask we put in this 30 day period. During that period of time you need to look at the long term issues here with water levels and wake boats and deal with that and submit revised ordinances to set appropriate rules, guidelines and particularly water levels so that we can protect our individuals and their property. And as Ms. Burt says I mean there’s a time and a place for everything. It’s just this is not the time for large wake boats with this high level. There were a couple comments at the last meeting I think is very important to address and Mr. Donen made some comments and I think they have to be responded to. In particular as I heard his responses it was like blame the victims. We’re the property owners. We’re at fault. We should be taking the responsibility. Disclaiming any responsibility on the part of the operators and as I said in my other letter Minnesota law already says persons operating watercraft are responsible for their wakes. It is not appropriate to then turn around and blame the victims okay, for the damages caused by the boaters under Minnesota law. Mr. Donen chose to use an analogy of golfers and we should be expecting you know golf balls to hit our property. Well an errant golf ball is one thing but if you want to use the golf analogy this is an analogy to use. You line up the golfers on the fairway facing the house along the fairway and everybody intentionally shoots at the house because that’s exactly what happens when a wave. A wave can only go in two directions. It goes left and right from a boat and if you’re going down Lotus Lake it’s going to go left to a shore and right to a shore. And as stated in my prior letter the waves by wake boats are over twice as powerful as the ordinary wake caused by a cruising boat so they’re more dangerous. More powerful and we need to, we need to be considerate of the damage that they Chanhassen City Council – July 8, 2019 11 can do. Another analogy though I think that it’s appropriate. I understand, thank you. Another analogy though is appropriate. If anybody else had their property and the neighbor took a fire hose and started going back and forth on their property eroding their property what would anybody say? No you don’t do that. It’s not reasonable. By the same token it’s not reasonable to use these wake boats with this high water so I, and included in my package and I leave with you I drafted a proposed resolutions with basis for doing so, so I ask that you adopt that at this meeting. And in my package to make clear, again this is the information from the WSIA itself. You can see that 300 feet, the regular one is 5 inches. It’s over 12 inches so again more than two, twice as much so again I ask you to pass this emergency ordinance so that we can protect the lakeshore until such time as we can come up with an appropriate permanent amendment to the ordinance. And any questions I can answer? Mayor Ryan: Council any questions? No thank you. Larry Koch: Thank you very much. Mayor Ryan: And I’ll leave it up to council in terms of whether or not they want to make, take any action tonight but I did want to clarify one thing that you had mentioned Mr. Koch about the, whether or not you have to go through a process with the DNR. There’s actually a water surface, and I know you received this sheet but applicants for water surface use ordinances are required by Minnesota Rule 6110.3600 to supply the following information regarding the water body to be regulated and there is very specific information that they request from the City to fill out so they can review it and you know your request in terms of making a change for 5 inches below what is currently being proposed as a change in the resolution, you know would definitely fall into this category so there is a process in place because while I’m sensitive to your issues and the concerns of others that have reached out to us, there are other people that have to be a part of the process in terms of, in terms of making these decisions and that’s why there is a process in place to regulate. Larry Koch: I’m sorry I…say that but I believe you’re incorrect. That requirement. Mayor Ryan: But I’m not, okay. Larry Koch: Those requirements and those restrictions apply to permanent changes. There is nothing in the rules okay but an emergency change. Mayor Ryan: Okay but we have not reached the high water mark as it stands today. Not the proposed changed ordinance nor in the existing ordinance so we have not reached that and if somebody else on the council wants to make that motion I’ll leave it up to them but we have not reached either of the two high water marks to change it. That is why we are going to go through a public process with you know including the DNR. Getting public feedback to change the ordinance of the high water mark and I’d like to leave it at that. If council wants to take any Chanhassen City Council – July 8, 2019 12 action on what’s requested they may do so at this time. Alright any other visitor presentations? Alright next on our agenda. PUBLIC HEARING: APPROVE VACATION OF WELL AND WATER MAIN EASEMENT AT 7141 GALPIN BOULEVARD. Mayor Ryan: Ms. Aanenson I think this is you. Oh sorry Jason. Jason Wedel: Thank you Mayor, members of the council. So the public hearing tonight is for the vacation of an existing easement for water well and water main. This is in regards to the property at 7141 Galpin Boulevard which is the new development known as The Park which is also on the agenda later this evening so this is an existing easement that was put in place back in the early 70’s for future water improvements. There was some anticipated need at that time. This is the location right off of Galpin. We do have an existing well and well house there currently but you can see in yellow that’s where these easements are and after reviewing where the easements are located and what our future water needs are going to be, and actually on the consent agenda this evening was our water supply plan that was approved. That water supply plan does not involve any needs for future water improvements in either of these locations. So this is the survey of those easements and what specifically we’re asking council to consider this evening is vacating the areas shaded in gray on this survey. From a staff perspective we don’t see any need for these easements moving forward and so as part of The Park project the applicant is asking for these easements to be vacated. So as part of that process it’s necessary to hold a public hearing whenever we vacate easements that are dedicated to the City so that’s the process we’re at this evening. Mayor Ryan: Perfect. Before I open the public hearing, council any questions? Okay with that I hereby open the public hearing. Please step forward and state your name and address for the record. With nobody coming forward I will close the public hearing. Council any further questions or action on this? Councilman Campion: I’ll make a motion. Mayor Ryan: Okay Councilman Campion. Councilman Campion: The City Council adopts a resolution approving the vacation of well and water main easements dedicated as follows: 1. Easement dated December 28, 1972, recorded in the Office of the Registrar of Titles of Carver County on January 25, 1973 as Document No. 18018; and 2. Easement dated December 28, 1972, recorded in the Office of the Registrar of Titles of Carver County on January 25, 1973 as Document No. 18019. Chanhassen City Council – July 8, 2019 13 Mayor Ryan: We have a valid motion. Is there a second? Councilwoman Coleman: I’ll second the motion. Resolution #2019-34: Councilman Campion moved, Councilwoman Coleman seconded that the City Council adopts a resolution approving the vacation of well and water main easements dedicated as follows: 1. Easement dated December 28, 1972, recorded in the Office of the Registrar of Titles of Carver County on January 25, 1973 as Document No. 18018; and 2. Easement dated December 28, 1972, recorded in the Office of the Registrar of Titles of Carver County on January 25, 1973 as Document No. 18019. All voted in favor and the motion carried unanimously with a vote of 4 to 0. Mayor Ryan: That motion carries 4-0. CONSIDER CAMP TANADOONA SITE PLAN REVIEW FOR DEMOLITION OF EXISTING DINING HALL AND CONSTRUCTION OF NEW DINING HALL AND CONNECTION OF CITY WATER AND SEWER, DEVELOPMENT OF ACCESS ROAD AND DROP OFF. Mayor Ryan: Ms. Aanenson are you? Okay. Camp Tanadoona. Kate Aanenson: Thank you Mayor, members of the City Council. I’m please to present to you a project from one of our long standing residents of the community, Camp Tanadoona. This item did go to the Planning Commission on June 18th. A public hearing was held. Nobody was present but the Planning Commission was very excited about the project and vote unanimously to approve. I also want to reiterate that you had seen this in a work session too prior to it going to the Planning Commission. I’m having problems with this keyboard on this side. So what they’re going for, that’s zoned Rural Residential and it’s, the guiding is public/semi-public and the current use is for the day camp. Summer camp and they use it for also some special events. So as you’re aware they’ve got a master plan. This is Phase 2 of the master plan which is the replacement of the dining hall and also connecting to sewer and water. Some sewer was brought to the site a few years ago with some of the septic issues they were having out there. So this proposal again includes the existing dining hall being removed and the construction of a 10,500 square foot dining hall. The capacity would be approximately 200 people so the connection to the sewer and water will also be incorporated with this plan and will realign the entry road and add additional parking. So the site context again it’s in the shoreland overlay district but the project itself will not be in the district. In addition it’s bordered by low density residential on all four, on all sides except for the lake itself so again it does not trigger any of the other shoreland or wetland ordinances for this project. So here is the dining hall. The rendering. Again very Chanhassen City Council – July 8, 2019 14 nice architecture fitting the surrounding. Again the Planning Commission was very pleased at how it blended in. Again this height 17, just over 17 feet. Again the capacity and then the dining room. And then in the lower level too there will be some additional program space so here it is from the back. Again the trails around the perimeter. So they’re exempt from the design standards. Again we believe this is a highly articulated attractive building that blends into the existing setting and I know they spent a lot of time working on that trying to capture some of the feel of the existing and then also the expanses with a lot of glass opening it up to the beautiful scenery in the area. So the site furnishings, some of the amenities. There’s a patio. A free standing fireplace on the south patio with the campfire ring with seating and mulch walking paths that would be around the perimeter. Decks along the south elevation. Trash enclosed. No light poles or parking, lighting proposed and limited signage. Again just some way finding. Access will come off the existing drive. 20 foot stalls with deeper and fire lanes. This is one of the issues that we did work with the Fire Marshal and Camp Tanadoona did too to make sure that they have adequate access on a narrower street again trying to keep the character of the camp itself but yet provide safe access for to get fire equipment in and so designing the roadway to meet those standards so I think that was a good compromise for both sides. Again sewer and water will be brought to the site. Again that was part of their long term plan and this is what took them time with the capital plan to provide for the sewer and water expansion. There will be some grading on the site. Again the City Forester has looked at that regarding some of the trees and those are specified in the conditions of approval. A small retaining wall as you can see in this area here around the perimeter of the building and then some berm kind of recapturing, re- using some of the excess material. Stormwater, there will be some stormwater captured on the site and that again meets the conditions they were working with the Minnehaha Watershed District on that. So it does meet all the city code requirements and so we are recommending approval as did the Planning Commission and adoption of the Findings of Fact. With that I’d be happy to answer any questions. Mayor Ryan: Council any questions? Kate I just had, Ms. Aanenson I just had one. In terms of the construction plan with moving you know the grading what will be entailed? I know it’s a pretty private street but you know what are the plans with that? Kate Aanenson: So typically on those we do have a pre-con meeting. The goal for getting this through the process now is they’ll get their bid plans put together and so they can as soon as camp season’s over they can get the building down and get that window of good weather this fall. Mayor Ryan: Right. Kate Aanenson: And so typically as part of that pre-con we’ll be looking at where traffic will be coming in. Obviously it’s during school time too so we’ll work with them and engineering on the traffic management. Is that your question? Mayor Ryan: Yeah. Okay. Chanhassen City Council – July 8, 2019 15 Kate Aanenson: Yep. Mayor Ryan: And then in terms of the creation of the berm is that just, are they making a new berm or adding to it? Kate Aanenson: I believe they’re making a new berm. Mayor Ryan: Oh making a new berm. Kate Aanenson: Yep they’re just taking some of the excess and incorporating it into the sight lines and back up in that area too as you go further to the northeast is there’s the storage shed out there. The utility and construction building there too. Mayor Ryan: Okay. And then last question because you answered my other one in terms of working with the Fire Marshal because I know there were some so I’m glad you worked through that. Just with the parking itself for the overflow, they’re just going to continue to park on the grass and. Kate Aanenson: Correct. Correct because they meet the minimum. I think those are just, again that’s kind of adding to the charm. We’re keeping that character. Mayor Ryan: Yep. Kate Aanenson: And I think that was a good compromise too so. Mayor Ryan: Okay. Kate Aanenson: I would also say that the team is here if you wanted them to come up and introduce themselves. Mayor Ryan: I was going to invite them up next. If you’d like to come forward and it’s not required but you’re welcomed to come up and make some comments. Welcome. Marnie Wells: Well good evening. Thank you Mayor and council members. I’m Marnie Wells and I am the CEO of Campfire Minnesota and we own and operate Tanadoona. And thanks to the staff. It’s been a fantastic process for us to be in partnership with all of you. This new community and dining center will serve 7,000 kids and we’ll be able to connect them to nature and we do believe nature is the catalyst for change so we support any opportunity we can to get more kids out. Especially our neighborhood kids so thank you for being in partnership with us and if you have any questions happy to answer them. Mayor Ryan: Council any questions? Well we are very excited. Chanhassen City Council – July 8, 2019 16 Marnie Wells: Thank you. Mayor Ryan: And you have certainly been a long time staple in the community and it’s fun to see, we’re excited with the new drawings and what it’s going to be and just happy that you continue to grow it and build upon the success that it’s been so. Marnie Wells: Thank you. Mayor Ryan: Yeah thank you. Anything else? Kate Aanenson: No… Mayor Ryan: Perfect. Council if there’s no more questions, if there’s a motion. Councilman Campion: I will make a motion. Mayor Ryan: Councilman Campion. Councilman Campion: The Chanhassen City Council approves the site plan for a 10,500 square foot dining hall, kitchen and program area building subject to the conditions of approval and adopts the Planning Commission’s Findings of Fact. Mayor Ryan: We have a valid motion. Is there a second? Councilwoman Coleman: I second the motion. Mayor Ryan: With a valid motion and a second. Councilman Campion moved, Councilwoman Coleman seconded that the Chanhassen City Council approves the site plan for 10,500 square-foot dining hall, kitchen, and program area building dated May 17, 2019 subject to the following conditions and adopts the Planning Commission Findings of Fact: Building 1. The building is required to have automatic fire extinguishing systems. 2. Demolition permits must be obtained prior to demolishing any structures on the site. 3. Building plans must be prepared and signed by design professionals licensed in the State of Minnesota. 4. Building plans must include a code analysis that contains the following information: Key Plan, Occupancy group, Type of construction, Allowable height and area, Fire sprinklers, Separated or non-separated, Fire resistive elements (Ext walls, Bearing walls - exterior or Chanhassen City Council – July 8, 2019 17 interior, Shaft, Incidental use), Occupant load, Exits required (Common path, Travel distance), Minimum plumbing fixture count. 5. Detailed occupancy-related requirements will be addressed when complete building plans are submitted. 6. Structure proximity to property lines (and other buildings) will have an impact on the code requirements for the proposed building, including but not limited to: allowable size, protected openings and fire-resistive construction. These requirements will be addressed when complete building and site plans are submitted. 7. Retaining walls (if present) more than four feet high must be designed by a professional engineer and a building permit must be obtained prior to construction. Engineering and Water Resources 1. Provide top of wall and bottom of wall elevations for entire retaining wall build, which includes retaining wall built below grade, i.e. bottom of wall. 2. Salvage existing topsoil and indicate all proposed stockpile location(s) on the plan. 3. Connection to the existing sanitary sewer manhole will require a core drill and installation of a boot to facilitate a water-tight connection. 4. Appropriate city permits for construction within the public right-of-way shall be obtained prior to construction. Work within city streets requires a traffic control plan. 5. A preconstruction meeting with Public Works and Engineering shall be scheduled by the contractor prior to the connection of any public utilities. 6. All call-outs on construction plans that reference a detail shall be updated to incorporate the sheet the detail is illustrated on and the detail number referenced for construction. 7. Watermain fittings shall be epoxy coated. 8. Hydrant lead pipe shall be C900 PVC. 9. The Contractor shall examine the existing 6-inch gate valve identified to remain. If mild steel bolts are in-place on the valve or as part of the fittings the bolts shall be changed out with stainless steel or Cor-Blue bolts. 10. It is the applicant’s responsibility to ensure and submit proof that permits are received 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, MPCA, etc.). Environmental Resources 1. All tree proposed for preservation shall be protected with tree preservation fencing installed at the dripline or furthest point possible away from the trunk. Fencing shall remain in place until construction is completed. 2. A walk through of the tree preservation fencing prior to start of construction is required. Fire 1. Full Fire Alarm and Full Sprinkler system required in the new structure. 2. Hydrant locations are acceptable. Chanhassen City Council – July 8, 2019 18 3. No parking Fire Lane signs will be needed on both sides of all roads under 26 feet in width. Yellow curb paint is required on both sides of all roads under 26 feet in width where curbs are present. 4. Parking shall be limited to designated parking spaces. 5. Provide information showing that the gravel roadway can support up to 75,000 pounds. 6. All landscaping, rocks, planters, etc. will need to be kept back away from the roadway to allow for proper turnaround of emergency apparatus. Additional space shall be provided along all sides of the turnaround lane and entrance to allow for property maneuvering. 7. The location and design of all landscaping, rocks, plants etc, within 3 feet of the turnaround lane and entrance is subject to the review and approval of the Fire Marshal. Planning 1. The applicant shall enter into a site plan agreement and provide the security required by it prior to receiving a building permit. 2. The applicant may install directional and wayfinding signage as need for the safe and efficient navigation of the site, provided it meets the height, size, and location standards in section 20-1255(2) of the City Code. All voted in favor and the motion carried unanimously with a vote of 4 to 0. REVIEW REVISED PRELIMINARY PLAT AND APPROVE A GRADING PERMIT FOR THE 1ST ADDITION OF THE PARK (GALPIN SITE). Mayor Ryan: Alright Ms. Aanenson I think you’re still going here with the review of the preliminary plat and approval of grading plan for the 1st Addition of The Park. Kate Aanenson: Thank you Mayor, members of the City Council. I’d like to just kind of frame this discussion because everybody’s kind of where are we going with this so when you approved the preliminary plat on March 11th you gave directions for revisions so those revisions were submitted and they’re dated May 24th so all the plans we’re referring to are the May 24th plans. So what we did with this preliminary plat to show transparency to everybody we went through Lennar with their engineer and made all the corrections based on the information and I’ll go through that in a minute but I just want to reiterate what the preliminary plat does as opposed to the final plat. So the preliminary plat is the marching order for the different phases. It’s not all going to come in at once and I’ll go through the phase plans too. But really it’s the complete set of what they propose to do. Number of lots. We included in your attachments the complete set of plans so anybody watching if they want to go to this agenda item the complete set of plans is there. We also attach the PUD ordinance so as they go through all the different models which you saw and we also said that they could add to if they met, you know the requirements that you had so they’ve already introduced some other models which we’re excited about. That we have something unique to this site and that also they revised their compliance table. So all those lots have to fit on there so let me go through each of the plat. We’ll show the compliance for each final plat. So the compliance table is done for all the preliminary so what you see on the staff Chanhassen City Council – July 8, 2019 19 report reflects all the conditions as modified to the revised plat. So we wanted to make sure that everybody was comfortable but they met those requirements because when we approved it on the 11th a little bit of a mismatch. We want to make sure everyone’s moving forward with the correct plans so I’ll go through that first and then talk a little bit about what’s the next step. So your goal here tonight is just to approve a grading permit. So this is the final plat so it’s hard to see and I’ll break it down a little bit but this is the 169 lots with the trails going through. Ultimately the dedication of the parkland will be included in that but this is the final plat. The narrative portion is in the shoreland district and those were all the 15,000 plus lots and then the smaller lots with a variety of ranges are in the south of that. So this is hard to see but this is the landscaping plan so if you want to look at this in detail but you also asked is that these two streets be a cul-de-sac. These are the northern off of Majestic. Those are cul-de-sacs and there’s additional landscaping on both of those. Now when those come in for final plat you’ll see the specific. They’re all on there right now if you were to look at these plans but again show you in detail when that comes in for final plat and we’ll go through that final plat again in a minute but those changes were made. In addition what you had requested is that there be a buffer on the southern end so those lots were pushed to the north and there’s a greater buffer on the south end. In addition the trail was put along the perimeter of those lots. That again was your recommendation from March 11th meeting. In addition you asked for an 8 stall parking lot and I’ll go through that in a minute. This is where the parking lot is so this is the plat itself and a different scale without the landscaping. It’s a little easier to see so this is this portion of it with all the lots again, they show the compliance table. All those lots meet requirements. All the streets. We’ve had a lot of questions on street names. The street names get approved with the final plat. They are still working through the underlying owners of the property to work through those street names. You will approve those street names. The staff internally looks to make sure there’s no conflicts with other street names. We have street names like Huron, Heron which gets confusing so we want to make sure there’s no conflicts so we’re still working through that so you will approve those when we come in for the final plat. So this is one portion of the plat and this is the northern portion of the plat. Again the cul-de-sac, this is the two cul-de-sacs here and Lake Lucy Ridge. This is the parking lot that you asked to be incorporated. You asked for an 8 lot parking lot. It’s recommended that it be moved to this area so that’s one of the reasons why we’re not doing the final plat tonight. There’s some engineering that needs to be done on that so the parking lot was shown here. It’s being moved closer to the trail on the south. There will be a retaining wall that’s required on that south end but they will still have access to the trail on the west of the site. So that will come in with final plat. So there is a phasing plan. The phasing plan is 3 to 5 years depending on how the market works. Each of these phase requires a final plat. All of those final plats have to come back to the City Council so the preliminary plat has all the conditions and when they come in for final plat the conditions that apply to each phase we’ll put into a development contract and you will review that development contract. For example the street names up here will not be incorporated down here so you will approve that when that comes in, so development contract for each of those phases. Again those typically go on consent but you will see that it meets all the conditions that were in the preliminary. We say this applies to this phase or it doesn’t so this is phase 1, the blue. Phase 2, 3 and 4. Again depending on market conditions will be how fast that gets developed. The grading plan is a little bit different Chanhassen City Council – July 8, 2019 20 than the phasing plan. Grading plan for Phase 1 is a little bit larger than the plat itself in the fact that there’s some additional grading for stormwater, street utilities and the like so it goes a little bit beyond that. So tonight when the City Engineer will show a little bit more detail in the grading plan but with the grading plan we also have construction, erosion control. That’s what I’m trying to say…City Forester so we usually have a pre-con in that to make sure that everything is, all the conditions are met. They are also posting security as a part of that. So typically we have let grading plans go ahead because there’s work that can be done ahead of getting the final plat and they should be back with final plat within the next meeting or the meeting after so you’ll see it within, at the latest one month. They are going to put a temporary sales trailer, that’s very common. Once a model gets built, and it’s my understanding they’d like to have a model up later this fall. Once a model is up the sales trailer goes away. The City Forester has met with them where that sales trailer is. This is up on the high point of where the existing home was. We think we’ve kind of walked that area there so the sales trailer, we’ve sent them a letter with all the standards that has to be with that and that’s run through the building department but once a home is built then it becomes a model and the sales trailer would go away. So that will be located here so they’ll be accessed off the existing driveway to the original homestead. Again that’s all required by permit so I just want people to be aware even with the preliminary plat the sales trailer will be going out there. So again looking at the whole project, this is Phase 1 right here. The final plat will be coming in so this is approximately where the grading’s going to be. So I’ll let the City Engineer talk a little bit about the grading plan. Jason Wedel: Yeah thank you Mayor, members of the council. So what’s shown there is what’s going to be graded as part of this first phase. The blue areas are where the proposed stormwater basins are going to go and the green is the wetlands. So as a part of our engineering review we look at protecting the wetlands and looking at the impacts there. Making sure the stormwater ponds are designed appropriately to meet our stormwater requirements. We look at where the locations of the silt fence are going to be. Where tree protection fence is going to be and as Ms. Aanenson mentioned earlier there is a pre-construction meeting so before they even start moving dirt they have to put up all that fencing. The erosion control fence and the tree protection fence and we’ll go walk that as will Jill Sinclair our environmental person to make sure that those are on all the right places and the right things are being protected before the earth work equipment can actually start moving dirt. So those plans have all been reviewed and we are comfortable with moving forward with this phase of the grading. The biggest stormwater pond, the one that’s kind of shown on the right side of the screen that’s going in with this first phase. That actually is the stormwater pond that’s going to serve a majority of the site so it’s good to have that done with the first phase. That way it’s in place. They can get vegetation re-established on it and that will be up and running before the future phases come in. Kate Aanenson: So again I’m going to talk a little bit about what the final plat does. The final plat will then dedicate right-of-way so when they come in for that. So right now we’re just giving them permission to grade. Move the dirt around while they’re coming back within 2 to 4 weeks with the final plat. The final plat will show the dedication of the right-of-way. We’ll also take the dedication of the large park area with that. We anticipate with this project we will take Chanhassen City Council – July 8, 2019 21 right ownership of all the ponds and wetlands so those will be in control of the City to manage those so as each phase comes in with the appropriate phase we would also take those but with the first phase we will be taking the parkland so that’s clear and then like I said we’ll come back with the street names and overall master, that’s the other thing that they are still working on too so the grading plan does not incorporate sewer and water. Those plans have been reviewed. I think we’re pretty close. I think there’s just a couple of tweaks we need to make on that so that will be the next step with the final plat so again as the City Engineer had mentioned we’ve reviewed the plan. The preliminary plans and the final plans for this but we’re not ready to give you the final approval for that but just for the grading permit so that’s really all we’re looking at so we wanted you to be assured that we’ve gone through everything in the preliminary plat to match up what your recommendation was in March and modifying the location of the parking lot. We’ll come back with the final plat and let them proceed with security in place for the grading permit for this first addition. So we are recommending approval and I’d be happy to answer any questions that you have on the process or concerns. It’s a lot to take in. Mayor Ryan: It is. Council any questions? No? Councilwoman Coleman anything? Well I have some questions please. I know you knew I was going to say that. So a couple of things that you, Ms. Aanenson could you scroll back and then I’ll go through some other notes. Just that go two forward. Almost the last slide I think you presented. It has the stormwater and. Kate Aanenson: Oh the grading plan? Mayor Ryan: Yes. Kate Aanenson: Sure. Mayor Ryan: So Mr. Wedel this is probably for you since you talked about this slide specifically. When you determine stormwater basins without getting too much in the weeds, no pun intended but how do you determine how many you’re going to need and the location? And the reason why I ask that is because of the considerable you know grading on the overall on the site but then the concern of that it’s a very wet area, especially on that southern end. If you could just explain how, why, you know the number is determined as is. In layman’s terms. Jason Wedel: Thank you Mayor, members of the council. So stormwater ponds are two purposes. One is to control the rate of stormwater leaving the site and the other one is to control the quality of the stormwater leaving the site. So when they put in a new development they have to account for all the new impervious area that’s going to be added to the streets and the homes and how much quicker water when it rains would run off those surfaces and leave the site so these ponds have to be sized such that the rate of the water leaving the site doesn’t happen any quicker after the development as it did compared to what it was the pre-development conditions. And then likewise those ponds also have to be designed to treat the stormwater from a phosphorus and sediment removal depending on the size of the basin and the depth. There’s Chanhassen City Council – July 8, 2019 22 removal rates that are calculated to accommodate the water quality too so based on those criteria the ponds are sized accordingly to meet those requirements. Mayor Ryan: Okay and the concern you know in addition to the wetness of the area was you know where it was draining and the impact to you know Lake Ann and Lake Lucy and so I was curious about that. Another piece in terms of the grading. You mentioned some of the erosion prevention, sediment control and when I look across you know the southern side and the western portion of it obviously that all goes into wetlands in that area and we know that if graded improperly there could be impacts with sink holes or losing you know the ground and I want to make sure that we don’t run into that situation. So how do you protect residents from that? Jason Wedel: So Mayor the grading is reviewed during construction. They are required as part of their permitting they have to get a permit from the MPCA that requires them to perform weekly inspections or after a half inch rainfall event would also trigger a permit so there’s a lot of eyes that are going to be on this site watching it as the grading work progresses and if they are not in compliance with those requirements then they could get shut down or we could use their security in essence to fix anything that needs to be fixed. Mayor Ryan: Okay. I’ll kind of leave that alone for now. One of the conditions that I read, and Ms. Aanenson this might just be more for you. Sorry I don’t have the exact number but it was, it talked about the trees and it was modified from the requirement of 590 to 461 trees and I didn’t understand where that was taking place or why. What area we were losing all those. Kate Aanenson: That may have come from the City Forester regarding areas that we changed around. I’m guessing it’s probably some of this area down in here that we preserved along the south side that we preserved so I can find out because it’s coming back for final plat. Mayor Ryan: Okay. Kate Aanenson: But I will check on that. Mayor Ryan: Okay, okay. And then with that I guess that leads to my next question, I think some of those questions may be more appropriate for final plat in terms of the, some of the specifics so I’ll leave that for now. In the interest of, I know as council we received some emails and questions. The timeline for the final plat. What are we looking at? Kate Aanenson: Sure. Let me go back up to that map. Again so the final plat will be before you within a month is my understanding from Lennar. Again they see the buildout in 3 to 5 years. All that depends on market forces so, and again anticipating as were colored, as I mentioned the one, the blue, the yellow, the pink and then the green on the top but something could change if the market got hot and everybody wanted to move there so. Mayor Ryan: And so the only grading that’s taking place is in the blue area? Chanhassen City Council – July 8, 2019 23 Kate Aanenson: Correct. Except the. Mayor Ryan: Nothing else is going to be. Kate Aanenson: Correct except a little bit beyond that in order to get the stormwater pond in. Just slightly, maybe a little bit in this area but that’s all in, show in here yep. Mayor Ryan: Okay. And when it comes back for final plat we’ll have an opportunity to discuss this in it’s. Kate Aanenson: Yeah so you’ll see the street names. You’ll see the specific landscape plans. All that will be with that final plat and be consistent with again the preliminary conditions will show all those meet again. Mayor Ryan: Okay perfect. Thank you. Thank you. Yes. Todd Gerhardt: And Kate can we have the developer also show a detailed landscape plan for Topaz and how they’re going to buffer the two cul-de-sacs. Kate Aanenson: Sure. Yeah we will do that with that final phase but they have that. I probably could have shown that separately yeah or if anybody’s interested. Todd Gerhardt: It’s just difficult when you zoom in to see that so what I’m looking at is a cross section of just that area so you can see where the trees are going to line up. It’s difficult when you send it out, it’s just very blurry. Kate Aanenson: Yep we can do that. I think the one thing is what we’ve learned is sometimes once we get the house picked out and we’ve had better success is trying to put back trees where they’re most effective. So we would like to do that, you know I can show that now but I think we always try to be flexible. I think the City Forester likes that too is once you get the home picked out, the one next to the existing one that they work to put the trees in the best place to provide the most buffer. I think that’s where you’re going to but we can show what they have right now in a better scale, yep. Todd Gerhardt: Just so there’s some comfort in the neighborhood so they understand what that, what we mean by buffer and which is a little different than the buffer to the south. Mayor Ryan: In addition I think that there is concern as well along the northern part, the tree loss on the bluff and how much it’s going to be cut into the bluff to get those two houses in there. So to clarify that as well would be great. Alright council if there’s any further questions, now is the time. Otherwise if there is a motion, I would entertain a motion. Chanhassen City Council – July 8, 2019 24 Councilwoman Coleman: I’ll make a motion. Mayor Ryan: Councilwoman Coleman. Councilwoman Coleman: The City Council approves the grading permit for the first addition of The Park. Mayor Ryan: Is there a second? Councilman Campion: Second. Councilwoman Coleman moved, Councilman Campion seconded that the Chanhassen City Council approves the grading permit for the 1st Addition of The Park. All voted in favor and the motion carried unanimously with a vote of 4 to 0. Mayor Ryan: That motion carries 4-0. COUNCIL PRESENTATIONS. Mayor Ryan: Alright next council presentations. Any council presentations? I would like to extend my appreciation for a fantastic, another fantastic 4th of July celebration. There is as anyone who knows and attends we get, I think they say over 70,000 visitors to the city over the course of the 3 days and what’s amazing is that, as a spectator or not even a participant everything looks seamless and that is due totally in part to the hard work of our city staff. I know that there is countless hours that go into planning this event so I just want to acknowledge how much I appreciate, we all appreciate how hard city staff works as well as law enforcement and the fire department for the commitment and dedication to making this such a successful event. And I would remiss if I didn’t also say thank you to the vendors that participated. I know you were going to say that as well but you know and the Rotary we couldn’t do it without, without all of them but I know a lot of the heavy lifting goes right back to city staff so I just want to say it was a tremendous event. A lot of fun and just really appreciate how you just really make Chanhassen shine so congratulations on a fantastic 4th of July. Appreciate it Todd Gerhardt: Yeah I did it all myself. Mayor Ryan: Well done. Todd Gerhardt: Yeah. But Todd Hoffman and his team are a well oiled machine. Jerry, Audrey, Nathan. You know Jill Sinclair ran the recycling program and that gal went nonstop on Wednesday night on recycling and her team. I think she had some County staff helping her out and they’re the ones that really deserve the credit. And the Rotary. Without the Rotary’s help you know with the parade, of course the beer garden and the Taste and the local vendors that we had participate all did very well and enjoyed the event and got their message out. Where they’re Chanhassen City Council – July 8, 2019 25 located. Some of our new ones. Café Thyme was very excited and got to tell people where they’re located and we have a couple other people looking at trying to locate here in Chanhassen that live here so it’s exciting to hear what their future may be in Chanhassen so it was just you know a little rain before the parade that kind of just cool things down and so credit goes to the Mayor for good weather is what we always do. Bad weather is my fault and so congratulations Mayor on the great weather and again I didn’t do anything bad so that was good and I can tell you all the deputies have Band-Aids now so if anybody has a cut they’re there with a Band-Aid so. But no they did a great job and our city staff, public works guys who did a lot of the heavy lifting. Summer help. Fantastic job. Mayor Ryan: Yeah it was a great event. Any other administrative, oh I’m sorry. Councilman McDonald. Councilman McDonald: Well if I could. No one mentioned it but I did get comments about the music. You know there was some I guess concern because Casablanca had kind of broken up and retired and all like that. Their replacement I heard nothing but good things so you did a good job there too. I think that was, everybody was very pleased. Todd Gerhardt: Yeah. I don’t know how many armadillos we have around this area but we had some great ones that night that’s for sure and we did hear a lot of compliments. On Facebook were asking do we have to pay to listen to these people you know because at some of the events if you want to listen to them you have to pay before you go in so we paid them. So it was on our dime but I think it was kind of a maybe a little different crowd but than usual but that’s good that we brought different people in to experience the whole event so, but the band did a great job. Mayor Ryan: Well said. ADMINISTRATIVE PRESENTATIONS. Mayor Ryan: Anything else on the Administrative Presentations? Todd Gerhardt: Not tonight. CORRESPONDENCE DISCUSSION. None. Councilman Campion moved, Councilwoman Coleman seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 4 to 0. The City Council meeting was adjourned at 8:25 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim