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CC VER 2019 08 12CHANHASSEN CITY COUNCIL REGULAR MEETING AUGUST 12, 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, Councilwoman Tjomhom, Councilman McDonald, Councilman Campion, and Councilwoman Coleman STAFF PRESENT: Todd Gerhardt, Jake Foster, Kate Aanenson, Jason Wedel, Todd Hoffinan, and Roger Knutson PUBLIC PRESENT: Larry Koch 471 Bighorn Drive JoAnne Syverson 489 Pleasant View Road Laura Wood Garden by the Woods Linda Walton 141 Fox Hollow Drive Mayor Ryan: Thank you and welcome everybody to this evening's meeting. To those of you that are watching at home, either on media 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 of our council members present tonight so our first action on the agenda is the agenda approval. Council members are there any modifications to the agenda as printed? If not we will proceed with the published agenda. We have no public announcements this evening. Next consent agenda. Tonight we have consent agenda items 1 through 8. CONSENT AGENDA: Councilman Campion moved, Councilwoman Coleman seconded to approve the following consent agenda items pursuant to the City Manager's recommendations: Approve City Council Minutes dated July 22, 2019 2. Receive Park and Recreation Commission Minutes dated June 25. 2019 3 Resolution #2019-37: Adopting the Carver County All -Hazardous Mitigation Plan 4. Consider a Conditional Use Permit and Site Plan Review Application for an Xcel Energy Meter Reader Pole Located at 2150 Lyman Boulevard 5. Approve Purchase of CIP Equipment — Network Storage Array Chanhassen City Council — August 12, 2019 6. Resolution #2019-38: Adopt Chanhassen Economic Development Commission Bylaws 7. Ordinance 644: Amending Chapter 9 (Fire Prevention and Protection) and Chapter 18 (Subdivisions) Concerning Adopting the Minnesota Fire Code; Revising the Fire Code Appeals Process; Establishing Recreational Fire and Burn Permit Standards; and Adopting Design Standards for Street and Fire Apparatus Access Roads 8. Resolution #2019-39: Authorize Entry Upon Property for Surveys and Examinations - County Property Identification No. 25-3060010. All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS. Mayor Ryan: I know we have one scheduled visitor presentations so I'm going to invite the Garden by the Woods, pollinator gardens to come forward. Welcome. Laura Wood: Thank you so much. Well hello everyone. I know many of you from past going on's in Chanhassen but my name is Laura Wood. I am owner of the Garden by the Woods. I'm right off Highway 5 and 101. Neighbors to Goodwill and we had a project that we just wanted to present to you guys. Let you know what' going on in the community. We're doing a pollinator garden very close to our facility and we're inviting members of the community to come out and actually help us plant and we're hoping that this is an ongoing project that every year we have a community event to schedule and engage the community so Linda's going to tell you a little bit more about what the project entails. Linda Walton: Alright, well thank you so much for hearing what we have to share tonight and hopefully you will embrace our vision for this project. You should have received some information on the project in your packet for the meeting tonight. But basically in a nutshell our vision is pretty grand but this is kind of just one of those stepping stones to the final end result but basically the vision is for the City of Chanhassen to have the highest concentration of pollinator gardens in Carver County and to that end as you look at the city as a whole we're kind of book ended by the Garden by the Woods on one end and the Minnesota Landscape Arboretum on the other end and so what we'd like to do is bring those two bookends together inside creating a lot of different pollinator spaces and I've been visiting some of these other pollinator spaces that we currently have within the city of Chanhassen. I've gone to Camp Tanadoona and saw what they've been doing. I went and looked at Lake Susan. They have a little spot there. We would like to really get the whole community to help us to create this beautiful pollinator space right near The Garden by the Woods and as the community sees it happening maybe residents and businesses alike would join in and create those pollinator spaces in their private lawns and get rid of those lawns and build those pollinator spaces or even office parks might embrace the idea too so that's kind of it in a nutshell as far as our vision. 2 Chanhassen City Council — August 12, 2019 Laura Wood: Yeah the space really is going to be on the intersection of 101 and Highway 5. There's where the railroad tracks come across that area. The idea is that we're going to overlay as part of the design for the garden, we're actually going to design the garden to lay out like the map of Chanhassen so it will actually look like the city itself. Yeah we can put it on here. Linda Walton: And I do have some handouts. Would you like to receive those now or just look here on the. Laura Wood: Yeah let's start with this guy here. Linda Walton: Okay yeah. Laura Wood: So this is the space to the top you can see 78th Street. So that's the front road that goes across Highway 5. On the top corner kind of off the plan is the railroad tracks but essentially we're going to start small. We're just going to do a few little patches of pollinator gardens here and there but ultimately to the end of laying out this garden to look like the city of Chanhassen. So as we walk through pathways you're actually walking on 101 north coming up through the south end of Chanhassen and going across Highway 5 going from The Garden by the Woods to the Minnesota Landscape Arboretum. The map itself won't become clear until we get kind of several years down the road but as people have pollinated those in a similar and identify where they are in the map of Chanhassen. It's the idea that as guests come and walk through the garden there's an actual representation of how many pollinator gardens there are in the city and that we can encourage that additional growth throughout the years so yeah. Mayor Ryan: Great. Linda Walton: And we do have a date that we would like to begin to invite the community and our customers to plant and that would be September 14th. We're hoping to have an event focus day at The Garden by the Woods. Hopefully sell a lot of Minnesota native perennials as well as provide some donated plant material from the business to get this underway and launched. Laura Wood: Yeah so we're not necessarily asking for anything from the City at this time. We're just kind of letting you guys know then we're going to adjust and clear on the details behind everything and The Garden by the Woods will be donating time to make sure that it's managed and tended and it still looks like a professional area but we're designing it in such a way that you know as community involvement changes this is going to be a sustainable area so it doesn't ever feel like it's abandoned if it can't be weeded or tended to and we're working with Jill to get specifications to make sure that the City can still mow and you know just manage more of the spaces is very easy. Mayor Ryan: Alright, well thank you for being here tonight. Before you sit down I first want to acknowledge Garden by the Woods and what a great community partner you are. We appreciate, you know we value having you in the community so thank you for that. And then you know this Chanhassen City Council — August 12, 2019 is a great idea. I have one quick question for you when you talk about being, you know being the biggest in Carver County. How do you keep track of that or what's that process all about? Laura Wood: That's a good question. Mayor Ryan: Is it locations? Is it? Laura Wood: Yeah I think we would say quantity of gardens so not necessarily physical square footage but quantity of gardens because we want to, even if the garden is small, is it a 2 by 2 area that's creating a pollinator space we'd love for every citizen to be kind of an active part of this and understanding the difference between like hybrids and native plants and why that, like the nutritional value of those plants were different and like Linda had mentioned specifically like office parks around us too. I mean they're not only tranquil spaces but we can just really improve our habitat around here so I think as the map develops again the physical representation of how many we have in the city would be there but I think our accounting of the quantity of gardens will evolve as we finish the garden too so we have connected as Linda said, she's connected with the University of Minnesota Bee Center and they're interested in being like a part of this. Again as being bookending both the east and west side of Chanhassen. I think they would be able to help us with that too. Mayor Ryan: Great. And as education obviously is part of it and people want to find information, I know there is a woman that works at Bluff Creek Elementary. I don't know if she's been in touch with you but I know she's very active in this and I believe working with maybe Mr. Hoffman or Ms. Sinclair along our trails and increasing pollinator plants along our trails as well so if people want to participate is it contacting by the Woods? I mean where would you like to direct them? Laura Wood: Yeah so contacting us at the store would be great. We have lots of ongoing communications on our Facebook page and Instagram account just to try to get more people engaged in the community so either way is fine as far as communication goes. Mayor Ryan: Great. Laura Wood: And you know as the garden develops you know we might consider putting additional signage on how to contact if people are walking through it but right now we're kind of focusing on the core parts of actually getting the pollinator plants in place. Mayor Ryan: Great. Well thank you for bringing forward an innovative idea to the city. We appreciate it. Council any other comments or questions? Perfect. Well thank you for coming. Laura Wood: Yeah thank you guys. Mayor Ryan: We appreciate it. It's very exciting. Any other visitor presentations this evening? Chanhassen City Council — August 12, 2019 Larry Koch: Thank you Madam Mayor, council members. I submitted late a request for action so maybe it didn't show up but nonetheless I'll proceed here. I'm here to talk about again the need for some action with respect to Lotus Lake and particularly the situation with large wakes. First of all I'm going to start out by thanking Councilmembers McDonald and Campion for visiting the situations on the lake. Taking a view of them basically first hand because I think I heard them say that seeing it first hand it makes a lot of difference so not only saying thank you but again inviting the remaining 3 council members to visit the various locations so you can see the damage that these large wakes do to the shoreline and the habitat. I think without recognizing that and seeing it it's difficult to put into perspective you know the need for taking appropriate action to save our lake. I think our lake is you know one of the jewels of the city. I think we have been very proud of it. We're going to continue to be proud of it. I continue with my presentation. I think it comes down to 3 primary items that we look to have and I give this letter on behalf of myself, my wife, and also Ms. Burt as well as the Syverson's so we've talked about this and made quite a bit about this but first of all we need to lower the high water mark. We need to lower it significantly to 895.8 feet. The current high water mark for purposes of slow no wake is just way too high. In fact it's over the top of the ordinary high water mark which means that you're literally flooding the surrounding shoreline before you stop boats from making additional wakes which area additional 5 to 12 inches higher than that. In certain areas of the lake, as I stated before I believe you need to prohibit the creation of large wakes by whatever is called wake boats but also by operation of other boats because you can operate any boat in a manner that creates wakes that are significantly larger than normal and create this significant damage to the shoreline. As I said before unfortunately Lotus Lake is a very, very narrow lake. We have this before I presented this before. This, these hash marks, areas basically should be such that cannot make the artificially large wakes, whether it's by what's called a wake boat or another boat operating in what we call... This area up here is only about, it's less than 400 feet wide. Similar in here. Here it's about 800 feet wide. Similarly here. About 800 feet wide. According to the data provided by the WSIA, and also by a study by the University of Quebec it takes, in order for these wakes created by these boats, either by wake boats or by plowing it takes over 900 feet for those wakes to dissipate and that's just a matter of the physics and how much water they push so unfortunately as you can, as I pointed out these areas of the lake are just too narrow to have that type of operation. Two areas that might work are the ones that I've shown here that do not have hash marks. Secondly even if we allow for the creation of these large wakes they should, those boats should be operated in the middle of each one of these areas to maximize the distance between the boat wake and the shoreline to give the maximum amount of distance for those wakes to dissipate so that less damage occurs when they, if they do reach the shore which they will in this case. And by that they should stay to the middle the farthest distance possible from the shores. And I just want to again emphasize that when we define, I use the term wake boats, and I'll provide a copy of my letter here but I don't mean just a wake boat as I said before. I mean a boat you're operating to create artificially big wakes. Whether you're going like this or you got 20 people in the back or however but it also includes those that are designed that way. Have apparatus, have ballast etcetera to make artificially large wakes. Even though the water level was significantly lower than it was when you take into 5 Chanhassen City Council — August 12, 2019 account the fact that these wakes can be over 12 inches high. In fact they're over 24 inches high near the boat. Those wakes travel and continue to this day to damage the lakeshore around the lake. We've already, I've already stated in my prior letters, I believe this operating these boats in this way constitutes a nuisance and by our own ordinances the City's obligated to cease those nuisances. The one thing that I noticed is that you've made grand efforts on the Prince property to save those significant wetlands and I want to commend you for doing that but I believe that Lotus Lake is equally valuable and I ask that you do similar grand efforts to save the lakeshore and the significant wetlands that abound around Lotus Lake and those of you if you have an opportunity to tour Lotus Lake you'll notice on the east side of the lake very significant wetlands and these large wakes significantly damage these wetlands which are very, very important so I ask you to apply that same desire to protect wetlands to Lotus Lake as you did on the Prince property. And so just to summarize again we ask that you restrict those that are making those large wakes in these areas. Operating wake boats. Where they do operate they stay in the middle, the farthest distance they possibly can from the lakeshore. And if you have any questions I'd be happy to answer them and also to invite again, repeat invite those 3 of you who have not been able to view the property. Come out and view the property so you can see first hand what happens on the shore. It's very difficult to make that judgment when you're in the middle of the lake. Can I answer any questions? Mayor Ryan: Council any questions or comments? Councilman Campion: Not at this time. Mayor Ryan: Okay thank you. Appreciate it. Next up we have old business. JoAnn Syverson: I would like to make a presentation. Mayor Ryan: Okay, please step forward. JoAnn Syverson: JoAnn Syverson, 489 Pleasant View Road in Chanhassen. I also too want to thank Councilman McDonald and Councilman Campion for visiting our lake to see first hand the issues that we are facing. Saying that you don't have enough information can only take you so far when you're an elected representative of the people of this city so out of taking steps to gain the information you need is important. So just to reiterate what Mr. Koch has said we're asking for two actions. Lowering the high water mark trigger for declaring the no wake to a scientifically proven credible measurement. We still don't know where the current measurement is coming from and the measurement that Mr. Koch is recommending of 895.8 feet he has proven with science to be the correct high water mark. The other action is to declare the narrowest sections of the lake to no wake. This is easily done. It's done on Lake Minnetonka. It's done on many lakes where having wakes would just be too destructive to the shoreline. I would recommend that a task force be instituted that would have all the stakeholders involved represented so that we can actually move ahead with these actions and get feedback from all sides of the issue. I would be happy to serve on that task force myself. Thank you very much. 71 Chanhassen City Council — August 12, 2019 Mayor Ryan: Thank you. Any other visitor presentations? And just to follow up Mr. Wedel I'll ask you real quickly in terms of where we're at in the process for lowering the high water mark. We're still engaged in going to the DNR moving process. Jason Wedel: Yeah Mayor, members of the council. Yes so there will be a process that's going to take several months that will include public hearings and a process to allow for public input as part of establishing what that no wake elevation will be so there will be more education and more information sent out to the public as we work through this process. Mayor Ryan: Perfect thank you. Julie Koch: I would like to say something. Mayor Ryan: Yes please step forward. Just name and address please. Julie Koch: My name is Julie Koch and I'm at 471 Bighorn Drive in Chanhassen. I've sat through several of these meetings and I hear comments like that and I hear your comments of course and nothing ever happens. I'm just curious when is this going to happen because you said it's going to take several more months now so what is that like October we're going to do this? And we have rights, we still are right in the middle of the boating season so I'm just curious when is something going to happen? That's my question. Mayor Ryan: Well I'll let Mr. Wedel follow up but as we have to follow, you change the high water level of the lake you have to go through the process and get approval for DNR and there is, and we've begun that process so there's. Julie Koch: When was this first brought up? When was it first brought up? I mean I don't know. Larry Koch: Middle of June. Julie Koch: Right and has anything happened since that time? Jason Wedel: The process for working through this with the DNR can take over a year. It's a long process when you're establishing what the no wake elevation is going to be. It's not something that happens quickly. It's not going to be in time for this boating season. We're going to be able to work through the process and have something, our goal is to have something established before the boating season next year. Julie Koch: So that's the goal is next year so this year is lost, is that correct? Jason Wedel: As far as establishing a new no wake elevation. 7 Chanhassen City Council — August 12, 2019 Julie Koch: Right. Jason Wedel: That would be approved by the DNR. That's just not possible to get it done this year. Julie Koch: Okay, thank you for your time. Thank you. Mayor Ryan: Thank you. Any other visitor presentations this evening? Okay moving forward old business. APPROVE FINAL PLAT, PLANS AND SPECIFICATIONS AND DEVELOPMENT CONTRACT FOR THE PARK. Mayor Ryan: Ms. Aanenson this is you. Kate Aanenson: Thank you Mayor, members of the City Council. The request before you tonight is for final plat approval which includes 50 lots and 6 outlots, approval of development contract and approval of plans and specifications. And so at your July meeting, July 5th you approved the, reviewed the phasing plan as it relates to the preliminary plat and we went through the preliminary plat and made sure that it was in alignment for what you approved back in March and so the phasing plan is four phases and what you're looking at for tonight is what's in blue at the bottom and that's the first phase which is the most southerly portion. Again each phase will come back before the City Council for approval so you'll have the opportunity to review each of the additional phases to make sure they're in compliance. Again they'll have a development contract, plans and specifications, and the like so we'll go through each of those when they come in. At your meeting on July 5th you did approve the grading plan and that included some of the tree removal which is underway right now. The tree removal. I think grading is getting close for a walk through sometime this week. So what we're looking at then tonight is the plat itself and I just want to review what's included in the plat. So with this plat there's the 50 lots. In addition to that there are 6 other outlots. Outlot A which is the largest part of this project. Want to get the mouse on there for me. So Outlot A is the 50 acres of woods. Thank you. 50 acres of woods and the wetland so that will be extracted and go to the City at this time via a warranty deed so when we execute the development contract that will be given to the City. In addition to that there's a stormwater pond on Outlot B right here. And then Outlot C which is the piece of the park, parking lot. Thank you. My mouse is, and so that will also be executed with this plat and then there is the Outlot D which is a wetland and drainage area right there and Outlot F which is actually the City's well house. We're doing a lot line adjustment there and that via a quit claim deed to the City. Then the last big chunk is Outlot G and that's a future phase. Again each of those phases as they get laid out will come back before the City Council for your approval and that includes the area to the north. Again you'll have an opportunity, I know there's some landscaping issues on that to make sure that those have all been addressed. N. Chanhassen City Council — August 12, 2019 Mayor Ryan: And that includes grading correct? Kate Aanenson: Correct, yep. You've got to approve grading and construction plans. They got broken up this time but typically those would all go together so you'd have a chance to review all that correct. Mayor Ryan: Thank you. Kate Aanenson: So this is again what the, what the plat looks like. The 50 lots. The street names were changed from this one. They are correct on the overall street naming that we sent out to the City Council but Paisley Path was the main one coming in. That comes off of Galpin Boulevard. Paisley Court would be the first short cul-de-sac. Roger Circle to the north. I did sit down with the Fire Chief and the building official. What we do is we make sure there's no names of conflict. Again the family had recommended some names on that too so that's how those got submitted. So this is the grading plan on that. One of the things we did add in the development contract was putting some additional trees along that southern property line. If my assistant could help me point to that area, thank you. I've got a good assistant going here. So there's additional 15 trees and what we would like to do there is I'll work with the City Forester and the property owners there to find the best place to locate those trees. Obviously the trail's coming close there. This is one of the changes that were made between some of the different iterations. Originally the lot lines went right up to the backs of those lots so when it got pushed forward some of the grading there on that slope so working with those evergreen trees and the City Forester and the neighbors to find out the best place for the best benefit for those property owners. Before I get to the motion there was a question too about the overall landscaping plan so in the landscaping plan they called out for a total number of 410 trees and the City Forester had said from the beginning that that was short about 51 trees so putting the additional 15 trees in there they're still short maybe 36 and as we look at those additional phases I think there's some opportunities to put some of those to the north. I think when there's some concern again this is all based on city ordinance. Replacement plan. If you look at the preliminary plat all the math and calculation were shown for what the replacement would be required on that so there is an opportunity if you want to put some more down in this area working with the developer but there is another 119 lots that would still come in. This is almost 3 trees per lot. Again some of this does, on that south side add additional buffering with that. So again you're approving a development contract which provides for all the mechanism for security. All the requirements of all the conditions of approval are then recorded against the document and that goes for a time in eternity and then the construction plans which tells the developer, that's the storm sewer. The water, how it's to be constructed and those plans have been reviewed a couple times. They've gone through the different changes and making sure they met all the requirements to the watershed district in addition to the city standard so all those plans and requirements are in place so with that the staff is recommending approval and again there's the motion includes 3 actions. The final plat. The first phase will be called Park Final Plat. Subsequent phases will say the 2nd Addition, 3rd Addition so you're approving the Park Final Plat, development contract and construction plans. With that I'd be happy to answer any questions. 9 Chanhassen City Council — August 12, 2019 Mayor Ryan: Great thank you. Council any questions for Ms. Aanenson? Councilman Campion: I had one. Ms. Aanenson you were talking about placement of those 15 trees. I didn't quite catch exactly where those were going. Kate Aanenson: Sure. Back in that area and then closer to the, a little more to the east behind the trail there where it's kind of coming closest. I think that would be the areas down in there. There's a wetland right up against Galpin, that first cut out there so they have already put in trees in there so again some of the tree removal, sight lines have changed there so the recommendation would be to work with those property owners to find the best spot for those trees to go. Councilman Campion: Okay thank you. Mayor Ryan: I have a few questions. Kate Aanenson: Sure. Mayor Ryan: So if you could just bear with me as I kind of go through my list and hopefully you can provide some clarification. For the parking lot that was Outlot. Kate Aanenson: C. Mayor Ryan: Outlot C and that's going to be an 8 stall parking? Kate Aanenson: Correct. Mayor Ryan: Okay. And in terms of landscaping what's going to go around that parking lot? Kate Aanenson: There is landscaping on the back side. That might be a spot to put some additional trees to make sure that there's adequate screening there. Mayor Ryan: Okay. Kate Aanenson: If that would be a recommendation. Mayor Ryan: Okay. I prefer to see additional screening around the parking lot. I know initially it had been on the other side of the street and for access to the trails it was moved over there but I think it would be beneficial to have some screening around the parking lot. Kate Aanenson: Yeah let me just add one other thing there too. I think the difference being here, and I'll let the developer correct me but there is a retaining wall that ended up in the back of that too. On the back of that parking lot. Yeah so I think we'll work on that. 10 Chanhassen City Council — August 12, 2019 Mayor Ryan: Okay. Kate Aanenson: Just to make sure that, because there's a grade change in the back there too. Mayor Ryan: Right, okay. Kate Aanenson: So definitely understand your concern there. Mayor Ryan: Okay. And then like I said I have quite a few so I'll just go in the order that I did it on my sheet of paper. Street names. I still, and I shared this sentiment before I still am concerned about calling it Paisley Parkway and Paisley Path. Paisley Park is off of Highway 5 and I think that while I know Google Maps is fantastic and everybody uses apps on their phone I think it leads to confusion. I don't know if residents want to be, have people drawn to this area just to you know because of the legacy of Prince. I am just concerned about the name. I know it started as Paisley Parkway which would have been extremely confusing. I still think Paisley Path is misleading that Paisley Park is somewhere in that vicinity and it is nowhere in the vicinity and so I do have concerns about the naming of Paisley Path. So I don't know if that's. Kate Aanenson: I'll let the developer speak to that. That one if you want him to comment on that if that's alright. Mayor Ryan: Okay. Kate Aanenson: When you get done. Mayor Ryan: Yep when he comes up that's fine. In terms of there was some mention of the crosswalk connections. I don't know if that's a crosswalk connection across Galpin. On whether it lines up or not but I know that that was a conversation on those that, where that crosswalk was going to connect and is it going to be able to be lined up accordingly. Kate Aanenson: I think I have an overall map on here with the crosswalks. Mayor Ryan: Do we know how they're going to access the trails? Todd Hoffman: To my knowledge there's not a crosswalk at that location. Mayor Ryan: Okay. Jason Wedel: Yeah Mayor, and as we get into the plans for Galpin which is scheduled to be reconstructed in 2022 we will be looking at where the appropriate locations are for crosswalks. don't know that we've made the exact determination. 11 Chanhassen City Council — August 12, 2019 Mayor Ryan: Okay so we don't need to identify those at this point? Jason Wedel: No. Mayor Ryan: Okay. On your, let me pull it up in the staff report here. Or was it the development contract. It was, it talked about the land swap of 163. Could you just explain what was involved with the land swap? Is that our well? Kate Aanenson: That's correct, yes. They'll put in some additional landscaping behind that. We do, sell water out of that well. We do have trucks going in there but there was some a land swap that made a lot, made our property better and then they gave us some of the back side so we're putting some trees behind it. Mayor Ryan: So then the City owns, or they're taking it over or I mean what was involved in the land? Kate Aanenson: It's our's. Mayor Ryan: I mean in the land swap. Kate Aanenson: Yeah it's just clarifying a line adjustment. So we still own our property. Mayor Ryan: Okay because it says a condition no longer applies so I just was curious about that. Kate Aanenson: Correct, yep, yep. Mayor Ryan: Okay so they're adding trees around that for screening. Kate Aanenson: On the back side correct. Mayor Ryan: On the back side. And then I know there was conversation and we heard from some of the homeowners along Majestic Way about the fence and keeping it or removing it. I don't know if that's, I mean obviously that's a discussion for council. What was and maybe Mr. Jablonski wants to speak to that as well so we can save that for him. And then this is more from a wetland perspective. I know that there's been comments and obviously the feedback from Riley -Purgatory -Bluff Creek Watershed but some of the comments that I heard from residents that they were very concerned about is that on the southern, kind of the most southeaster portion of kind of where that, if you go back to, right there. Kind of in that you know where the, now I guess it would be the northwest corner. I wish I had the laser. Anyways that it's very wet back there and with the extent of grading that's going to take place the overall impact to the homes on Majestic Way but also I know there's significant grades from the other homes. What, how do we manage that if there's excess water during the construction process? 12 Chanhassen City Council — August 12, 2019 Jason Wedel: As part of the grading approval we reviewed where the drainage would go. Where they would have, they're basically using their ponds as temporary sediment basins so it's designed such that the drainage goes to specific areas and those areas are protected with erosion control and all the other things that go in place to prevent sediment from washing off site and if they do fill up to a certain level they would naturally overflow to a spot that would put other properties in harm's way. It would naturally overflow towards low ground. Mayor Ryan: And who is responsible if it overflows? Jason Wedel: Well the developer is. It's their site to manage the erosion control and the stormwater runoff. Mayor Ryan: Okay. And with some of the stormwater runoff it was mentioned I think in the second to last paragraph it was mentioned about the stormwater being treated and obviously there's some concerns with it entering into the Lake Ann and Lake Lucy. Have they met all? Jason Wedel: So all the erosion control requirements that were necessary for their plans approvals have. Mayor Ryan: Alright. I'll have to find that paragraph on, and it sounded like they hadn't on a couple of the lots. Had not met that. It was page 18. Hold on. Jason Wedel: I think what that paragraph was stating Mayor was there's, ultimately when you have a new development you want all the runoff to go into the stormwater ponds for treatment first before it goes into the wetlands. Mayor Ryan: Right. Jason Wedel: There's a couple of back yards in a couple of lots where it's just physically not able to get that stormwater to a pond so there might be a few square feet of someone's back yard that might runoff directly into a wetland rather than going through the stormwater pond system. Mayor Ryan: Okay. Jason Wedel: So there was just no possible way to get the drainage from those couple of back yards to a pond. Mayor Ryan: Okay. And that's acceptable? Jason Wedel: Yes. Mayor Ryan: Bear with me, thank you. Well while I'm still looking through all of these I still am concerned about the landscape plan and I know overall it's condition number 4 under trees 13 Chanhassen City Council — August 12, 2019 and preservation. Page 15. It talks about that initially it's required to have 590 trees and we're down to 461. Kate Aanenson: Correct. Yep with the modified report that's the correct amount. Mayor Ryan: Can we just talk a little bit about that? I guess you know I was out there and I understand that there is the calculations of you know what Jill or city staff is identifying as trees and then what we take down and I am just, I am concerned about this first phase and then as it continues to phase 2, 3 and 4 the significant loss of trees. I've you know I've expressed this to city staff already so this is directed more at Mr. Jablonski that it's not only the properties that are along Majestic Way and the tremendous impact to the loss of trees that they're facing, that are gone but there is still considerable amounts of trees that are going to be taken and I am concerned that one we, even with the 15 trees as great as that is that's essentially one tree per lot with a grouping, you know with 9 lots. With a grouping where lots I think 1 and 2 as you enter Majestic Way lost all of their trees and so that will provide some screening for them but ultimately they have you know scrub trees now in their back yard and some of the large groupings of trees on that site in order to grade, and I understand that's part of the process but it's still a significant loss and when we looked through, when we approved the initial plans and we saw the illustration of what was going to be saved and what the buffers were going to look like you know it looked like these big green buffer areas and that is unfortunately just not the case and when you cut down 50, 60, 70 year old trees and replace them with starter trees it's a real change to that entire area and that development not only of the existing homes but the you know and what a change of that development is going to look like but also the, you know what future homeowners are going to want on, as part of that development so I'd like, excuse me, I'd like to see an increase in trees along the southern border. I'd like to see something better illustrated what is going to be saved along Galpin because there's a lot of trees that are gone already along, right along Galpin and cutting into that development. Is there any better illustration that we can see before we approve this landscaping plan? So it's drastic. I mean it is from what we saw at our meeting back in March it is, it is more than what I think any of us really understood so I'd like to see more trees and what that number is I'd be happy to discuss it with Mr. Jablonski if he wants to come forward. Joe Jablonski: Good evening Madam Mayor, members of the council. I'm Joe Jablonski here this evening to discuss The Park and the first addition and to answer questions and get this thing going hopefully. A few questions I think that, if I was taking notes and writing things down, going back to the first one was related to landscape around the parking lot. The landscape plan if you had that, if you could pull that up Kate. The landscape plan actually had not been updated since we moved the parking lot so you can see the buffering around that, it was on the north side of the road there. We did add some trees around the edges and we would intend to carry a similar theme. You know we want to buffer the new homeowners from the parking lot as well so once that landscape plan is updated to meet the location of the parking lot it will look very similar to that. That was the first item. Second item was related to, oh boy. I didn't have a pen so I was taking notes in my head. Well we could go right to the tree loss and we can talk about 14 Chanhassen City Council — August 12, 2019 that. That's open for discussion. I think that as we were going, well let's back up for a second. Street names was the other one that I think came up that is worthy of some discussion because I think that as this evolved not only from us at Lennar but from the family they began to recognize the importance to them of having some recognition of Prince on it and doing it in a tasteful way and doing it in a way that you know some of the ideas that they brought to our attention were probably not exactly street name worthy with different apostrophes and symbols and things but in their mind they really felt strongly or continue to feel strongly that they wanted to see this community and this have recognition of him and I think that some of the names that are proposed were worked on back and forth between us and them quite a bit and I think it would mean a lot to the family and I think that we would support that. The names that are presented. It has been communicated that it's important to them. You know to us street names are street names to a certain extent but to them it did have recognition of who used to live there so with that you know I would ask that you consider keeping them as is. I think that we, Paisley Park is on Audubon Road or Audubon Drive. It is in a different part of the city. While there could be some people going out there just for that, they're probably going to do that anyways. There's a park and a trail system that may at some time be named you know or recognized that way so that's my two cents on the street names. I'd be open to ideas or discussions but every time I get a different idea or discussion I have to go back to the heirs and that can be a difficult conversation because they keep asking where's just the name Prince Road or Prince Street and that doesn't necessarily work well for a street name either so that's my comment on that. Mayor Ryan: Okay. And then in terms of the landscape plan. Joe Jablonski: The landscape plan you know when we were going through the preliminary plat we were going through several different iterations and when we went from the removal of 519 or the replacement of 519 or whatever that number was down to what's been calculated now a lot of that was because we were preserving more on the south side of the community. We had lots backing right into and right up adjacent to Majestic Oaks and we are saving a little bit of a buffer but we've opened up quite a bit more space than what was there before and in doing that I think that we also had to accommodate a trail going through there which I think is a great idea but with that there's change and there's going to be some tree loss. We've agreed to replace and put in 15 because frankly we want our residents to have buffers as well but there may be other places throughout the community that also need buffering looked at and adjusted and things and usually we work through those things with staff and figure out the most appropriate places and more often than not we end up kind of going back and figuring out for ourselves which areas are maybe a little thin on trees and working with the forester or the city staff people to supplement that on our own and it's not uncommon for us to over plant in communities already so while they don't necessarily show up on the plan that you have in front of you it's really not uncommon for us to over landscape things. Mayor Ryan: And I appreciate that. I, no disrespect to you or Lennar but you know I don't think that you know I'll reserve my comment for, I won't say that. You know my, when looking at this what we're talking about right now is I think we're short trees. I mean black and white I 15 Chanhassen City Council — August 12, 2019 think we're short trees. One I think we don't see with this plan, nor did we with the grading plan the tree loss and the significant amount of tree loss per tree. We saw just kind of some glumps of trees but when you actually look at those 9 lots along Majestic Way the one on the further most to the west there are, because of the grading there are no trees there anymore and at the widest point it's 134 from, feet from their back yard but as you move towards lots again on Majestic Way you're going from left to right, you know Lot 7, 8, 9 you know it is cut down 30 feet from the back of their property line and all it is is scrub trees because the significant mass of trees of large growth trees are now gone and so when you talk about what the rest of the development is going to look like and we can add more buffering at, you know in phase 2, 3 and 4, well you know we'll re-evaluate phase 2, 3 and 4. We will evaluate 2, 3 and 4 when we get there in terms of grading and tree loss at that time. These trees are gone now. I mean they're gone and you know standing along Galpin or standing on Majestic Way you see all the way through and you see it was clear cut and I think that we owe it to the residents along, you know even on the west side of Galpin that are now looking into you know an open space as well as along Majestic to put more than one tree in a person's back yard that is going to be a 6 foot evergreen which is great because it's an improvement but you know, but it's forever changed that entire area and I think that the tree loss is much more significant than what was visually shown at our previous council meetings. Joe Jablonski: Madam Mayor. Mayor Ryan: So I'm not, I mean I'm just not ready to accept the landscape plan as is. I just think we can do better is my, and we don't know what it looks like around the parking lot and to say we'll do something I think we need to be more specific like we are with every other you know item that's listed in terms of approval. I think we need to be specific in what that landscaping looks like and I just don't think that we're there yet but let me move on in terms of the, I found where I was going with some of the, my other questions. For the mitigation, and I don't know if this is you Mr. Jablonski or somebody else. What did we do with the wetland? Are they getting wetland credits? For the mitigation do you recall? Joe Jablonski: I can answer that. Mayor Ryan: Okay. Joe Jablonski: The wetland credit purchase has already taken place. That was all done prior to the issuance of the grading permits by Riley -Purgatory. Mayor Ryan: And will those be applied? Joe Jablonski: For the replacement of where impacts were made. Mayor Ryan: Okay but in, still in this development. IV Chanhassen City Council — August 12, 2019 Joe Jablonski: No. Mayor Ryan: Not in this development. Where? Joe Jablonski: I don't remember what bank we bought them from but they were approved by both the watershed and the Board of Water Resources. Mayor Ryan: Okay. Okay. And let's see here. That's disappointing. Todd Gerhardt: Mayor and council it's more than likely outside of Carver County. Joe Jablonski: Yeah because there is no credits available really in Carver County. We used the ones that we had but they were not the right type so we used some of those. They were floodplain related ones and then we had to go outside of Carver County I think to purchase the balance which is fairly common practice actually. Mayor Ryan: And then I'm obviously into trees because everything that I have here. In terms of the conservation easement that's number 13 and it talks about loss of significant tree cover have conservation easement. This is obviously the trees are gone so we don't have any conservation easements. It's more of a note to both you Mr. Jablonski and staff that you know I'd like to look harder at some of the conservation easements as we go through phase 2, 3 and 4 so I don't know what that process is going to look like but just to. Kate Aanenson: I'm not sure, you know originally we talked about conservation easement on Outlot A but that's actually being taken as a city property. So typically I'm not sure there's a conservation easement anywhere else on the site. That was originally talked about. Mayor Ryan: And maybe this is. Joe Jablonski: ...north. Kate Aanenson: Oh way in the north. Mayor Ryan: Yeah. Kate Aanenson: Okay that's the one, yep. Mayor Ryan: Okay and that's what I'm saying is just going forward I want to make sure that. Kate Aanenson: Yep that'd be phase 4, yep. Mayor Ryan: Okay. 17 Chanhassen City Council — August 12, 2019 Todd Gerhardt: Can you show that map Kate of what's being acquired? You did an A, B, C, D. Kate Aanenson: But the northern portion isn't on that one so yeah. Todd Gerhardt: So everything that is highlighted in A will be in the City's name. It's not a conservation easement. Kate Aanenson: Correct. Something is right on the northern end as Mr. Jablonski said, the northern portion which isn't shown on this map up by the subdivision, Lake Lucy Ridge. There's a conservation easement up there correct. Mayor Ryan: Okay. Kate Aanenson: And that will have language and that will be part of when we approve that phase that language will be in the staff report and the development contract to be approved. Mayor Ryan: And how do we apply conservation easements? Who establishes those? Kate Aanenson: Typically we'll have them look at it. We send them over to the attorney's office to review them. There's standard language that we use. Mayor Ryan: Okay. But we as a city identify those areas that we want to place in a conservation easement. Kate Aanenson: Correct, yep. Yep Todd Gerhardt: It's highlighted on their plat and shows up in their title work. Mayor Ryan: Okay. Todd Gerhardt: So when the plat is drawn out it highlights a certain conservation easement and then the title company writes up a narrative describing that conservation easement so when the property owner acquires that property they can read it into their title so they're aware of how much property they physically own and what they can do and what they can't do on their property. Mayor Ryan: Okay, but it's again to clarify it's the City that identifies those areas and then. Todd Gerhardt: Will show up in the final plat. Mayor Ryan: Okay. Okay. So I guess that's it for my questions in terms of some of the specifics in the development contract and the overall final plat. Two questions that I'll bring back to council in terms of some of the concerns that I brought up. Would like feedback on the Chanhassen City Council — August 12, 2019 road names, specifically Paisley Path and then everybody's level of comfort with, or I guess in my mind lack thereof with the what we see for their landscape plan. So open to any comments or feedback from council. Councilwoman Coleman: Madam Mayor as part of the landscaping plan goes, I do share in your concern of not exactly knowing what we're looking at as far as the new parking lot and not approving things without having a clear cut image so I would be fine with waiting to get those renderings. Mayor Ryan: Okay thank you Councilwoman Coleman. Anybody else? Councilman Campion: I'll share my comments. Yeah I believe before approving the landscape plan we should see that issue around the parking lot finalized. I would like to see more trees in general. I'm not as concerned about the Paisley Path. It just doesn't seem overly confusing to me. Mayor Ryan: Okay. No comments? Councilwoman Tjornhom: No I do I'm just thinking about my comments so they come out in a concise manner. I'll take the easy one first. Paisley Parkway, you know as you brought that up Mayor I started thinking well what's confusing. If you take out Parkway it's the Paisley that's the attraction you're fearing to the neighborhood from tourists or sightseers and you know I think as this, and maybe the developer can help me with this but as this develops and continues on to phase 2, 3 and A, B. Whatever it's going to be, will the family have more names that are associated with Prince? And do you understand the question I'm asking? Joe Jablonski: Yeah I believe I do. Madam council member. We did provide a proposed street name list for the entire community so there are other references or other. Kate Aanenson: All the street names were made. Councilwoman Tjornhom: Okay. Kate Aanenson: And it's not Paisley Parkway. It's Paisley Path and then. Councilwoman Tjornhom: So I don't know why I saw Parkway. Kate Aanenson: It was. That was, but it's incorrect. Yeah it's incorrect. This is the correct right here. Councilwoman Tjornhom: Okay. 19 Chanhassen City Council — August 12, 2019 Kate Aanenson: So those were all the Pearl, Alphabet Street is not one of them so there's some wrong street names on there. Alphabet was eliminated. Joe Jablonski: No Alphabet was okay. It was Raspberry that was. Kate Aanenson: Eliminated okay. Pearl Drive. Councilwoman Tjornhom: Okay I think what I'm getting at is that whole development is going to have that tone to it and so I don't have a problem with it. I think that people are going to get it that it's a, not a Prince themed neighborhood but it's certainly going to have references to it's former owner and it's heritage so I don't have an issue with the name. And when it comes to the landscaping and the trees what the mayor is talking about again is seeing more of a picture of what that would look like. I'm not sure what that picture looks like and how that would happen so can we talk a little bit about that? If that's possible. Joe Jablonski: I'd be happy to talk about it. But I think as far as the parking lot goes I think that's a fairly easy one. That is something that is you know based on the discretion of, that's something that we would send an updated plan you know as soon as tomorrow to staff level and have them review it and how that gets circulated back out to the rest of you I guess is up to you but that is a city outlot as well so how and where the buffering is will kind of need some input from staff on that. The landscape around the perimeter, I'm having a little bit of a hard time with that as well. You know I heard some reference to their trees. There are trees that are on this property's property. We did have and do have a preliminary plat that allows our ability to follow that so we are a little bit short right now in our tree preservation count. That's something that we can certainly work with staff on to figure out where the most appropriate place for those to go. It is also common or fairly common that as we're going through and doing our tree clearing limits that certain trees that were marked to be removed are also saved so we have to go back and kind of recalculate that way as well. We're not going out and taking out extra trees on purpose. In fact more often than not we're probably working with the City Forester and saving some that maybe were shown on paper to be removed so we have to also kind of go back and by the time we get to the end of the community figure out what the final calculation is that way as well so it is fairly common to see you know a little bit of discrepancy in the initial phase knowing that there will be some modifications to where the tree line can go in both directions actually as we progress through the rest of the community so you know we can look at packing in all kinds of trees down on the south end but that may take away from some of the flavor of the rest of the neighborhood too. We're going to want to put some extra landscaping probably along Galpin and along the north entrance that right now probably isn't shown but you know those are, sometimes those are things that we like to address as we go to a certain extent but as far as the first phase goes if there's recommendations and if we need to revise the plan to show how the parking lot is screened and the condition that was added for the 15 evergreens and resubmit a plan we can certainly do that on short notice. Mayor Ryan: Okay thank you. Councilman McDonald. 20 Chanhassen City Council — August 12, 2019 Councilman McDonald: I guess I'll go ahead and weigh in so you know where the council stands. Yeah as far as the street names I don't have a problem with those. I think everybody knows that that was Prince's property so you're going to have a lot of sightseers out there. There's just no way around it. When he had the purple house people came to that. That's one of the reasons he tore it down. So I don't see that there's anything we can do and names are not going to stop people so I'm fine with the names. As far as the tree planting and stuff, we've been through development before. It's always kind of a give and take as you go forward. Staff has worked this kind of problem before. I think the initial plan's enough to get it started and I don't know how you come down and do a detailed tree plan because as was said this is an evolving process. This will go on until phase 4 is complete. I mean there'll still be trees and landscaping that will end up asking for so I don't see any point in holding up the project. I'm for moving forward. I think what we have is sufficient to get an idea of what's going on in there. Mayor Ryan: Thank you Councilman McDonald. Any other comments or questions? I have one just as it relates to you know Mr. Jablonski you talked about you usually add more. Ms. Aanenson this says the applicant shall meet the minimum requirement. Obviously that's all they have to do is the minimum requirement. Again my concern is that that is what you're going to do is the minimum and it does, this is an infill development. I know that there are a lot of developments where you go in and there's nothing around and if you clear cut you know that's just, that's the nature of the beast but right now you're developing a large parcel of land in the middle of existing homes and we will re-evaluate phase 2, 3, 4 when it comes before us and I'm glad we have that opportunity. You know I don't need to see a plan of 3 trees around a parking lot. I think I can probably visualize that but my concern is what does it look like around along Galpin Boulevard other than I don't, you know I'm struggling with what that looks like and as much as I appreciate the addition of the 15 trees again I have concern that one evergreen in the back yard, while I understand it is Prince's or Lennar's property at this point but the buffer of 30 feet and one tree does not screen the development and what's going on so I am concerned that that is a low number of directly impacted. There's no conservation easement there like the north is going to get. There is no, there is no significant buffer which was committed to these residents when this plan went through and I'm concerned about that so what it looks like along the southern border as well as along Galpin Boulevard so. I'm kind of at a loss here in terms of your willingness to increase the number, increase 15 trees along the southern border. Or if that's a direction. Kate Aanenson: Well we added it in as a condition so it's in the development contract they had to do that. Mayor Ryan: Right but more than 15. Kate Aanenson: Sure. I will only say working with Lennar if you look at the Woods at Longacres which is heavily wooded, there's a lot of trees that were changed. A lot of it depends on the house style that's picked so you know as you're working through each of those so sometimes depending on the plan that's picked how you work around those trees and I think 21 Chanhassen City Council — August 12, 2019 that's where Mr. Jablonski was talking about how the trees could be saved, that sort of thing. Obviously the majority of the trees are going for the road, the sewer and the water and stormwater. That's where the majority of the trees go. As our tree preservation has evolved we used to try to save a lot of trees and we had unhappy homeowners because they saved a tree right next to the house and then it died so we really worked at trying to come in. I think the other thing that was communicated is for them to have a successful project they want it look great from the outside too looking across the street so that's important to them. Where they're trying to save trees. We also had some significant trees around our well house that we're trying to save too so that's part of the visual. So I guess for us on staff working with Lennar who's done quite a few projects in town you know we have security in place and so when they ask to be released from that security for this phase it will not be released until all those conditions are met and I guess what you're asking them to say is that they're committing to do more than the 15 plus if that's what I hear you saying. Mayor Ryan: As a minimum. Kate Aanenson: Minimum correct. Correct. That's what she's asking. Mayor Ryan: And so what is that number? I mean in the staff report, and I know this was across the entire development. It was supposed to be 590 and now it's 461 and you mentioned something earlier tonight, I don't recall what the number is that they're not, you know there's still 32 trees. Kate Aanenson: 36 short correct. Mayor Ryan: 36 short. Where are those going to go? I mean I just, you know my concern is you know the expectations are that we're approving this plan and there's still a lot of variables of you know what is that? When it comes to and I know tree preservation is just a minute piece of this but again with the impact that it has to the surrounding neighbors it's, you know it is a big deal and it is concerning so I just feel like I, it's a little wishy washy for me to feel comfortable on what we're agreeing to do. Kate Aanenson: So again the question was whether or not you can do more than the 15 trees. Joe Jablonski: Perhaps the reason why I'm having a hard time answering is I don't know what that means. I don't know what your expectations are for sure. You know I would feel more comfortable with a condition that says something along the lines of work with staff to create a buffer for the south property line but it sounds like 15 trees isn't adequate but I don't know if your expectation is 200 trees or 20 or you know I need a little help understanding what you're looking for. I mean at one time we had proposed putting in a fence all the way across it and some of the people on the south side weren't real happy or excited about that idea either so we've offered to supplement. We've offered to buffer and some of that may, we may end up putting on our side of the trail because it's nice to have some buffering from the back yards to 22 Chanhassen City Council — August 12, 2019 the trail too you know so that is part of the trade off that right now as Kate kind of mentioned it's difficult for me to decide if it's going to go on our lot side which houses you know depending on which plans it is. How much room there's left in the back yard we'd like to put some of that on our lots probably too and not just in the city outlot and so I, you know I guess I'm willing to work with you but at the same time I need to know what you're looking for or what the expectation is because you know I'm, we want to meet the expectations and exceed the expectations of the City but at the same time they can't continue changing all the time. We need to understand and even the request to add the 15 was over and above what the original approval was for and I agreed to that and was happy to do it but at the same time first it was 15. Then it's something else. I need to help me understand where it stops or what you're looking for. Mayor Ryan: Well but you're short now right? I mean you're still. Joe Jablonski: That's for the overall development, not for the first phase. Mayor Ryan: I thought you said he was 36 short for this phase. Kate Aanenson: No. Mayor Ryan: It's for the entire. So where does the 590 down to 461 come from then? Kate Aanenson: Well Joe went back and recalculated that so that's between preliminary plat, looking at the original landscaping plans but since that time that was modified 3 times at least. If you look at the stamp on the bottom you can see it's been modified a number of times so that was part of that modification where they preserved because the first count didn't include on the southern end and some of the changes on the northern end too so if we call additional trees that are also put in place on the buffer on the north end between those two cul-de-sacs that was a request I think. Joe Jablonski: We saved more around the guard house area. Kate Aanenson: Correct around the guard house and then on the north end I know Councilwoman Coleman asked about that too. Those landscaping between those two cul-de-sacs up there. Additional landscaping was put up there and so there was some that was moved around so that number dropped down. That was part of that too. Mayor Ryan: Okay well I mean we'll address phase 2, 3 and 4 obviously when we get there so you know I'm open to council and their feelings on accepting this plan and working with Lennar in good faith that you're going to provide adequate screening, you know you talk about screening. I don't think screening is 200 trees. I don't know if one tree per lot is justified screening. I think that 15 is a good start. I again am concerned about what this looks like along Galpin and along the southern portion of this development when it's much more significant than what the initial landscape plan design, how it was portrayed to us initially. It's very different so. 23 Chanhassen City Council — August 12, 2019 Councilman McDonald: Excuse me Mayor? Mayor Ryan: Go ahead. Councilman McDonald: I guess we're at a point where I think we kind of need to take a vote to decide which way we're going to go with this so I would propose the motion that the City Council approves The Park final plat, development contract and construction plans. And then we can vote and go from there. Todd Gerhardt: Mayor and council I would like you to also make comment on the fence. Is it staying? Is it going? Do you want them to fix what is, needs to be repaired so that was an outstanding issue that staff didn't address. Councilman McDonald: So the fence is not a separate issue? Todd Gerhardt: The fence should be included as a part of the development contract. Mayor Ryan: What is it stated now in the development contract? Todd Gerhardt: It doesn't saying anything about the fence. Mayor Ryan: Comments on the fence. Councilman McDonald: I would be against maintaining the fence because we've had this problem in other areas of the city and the City's always taken the position we're not going to maintain fences. If we start maintaining it here we're going to open ourselves up to a lot of neighborhoods wanting either their fences back or repair fences so I would not be in favor of the City maintaining that. Todd Gerhardt: Well I'm asking do you want the developer to take the fence out or fix the fence? Councilman McDonald: I'd say take it out but I'll leave it to the rest of the council. Mayor Ryan: Any other comments? Councilwoman Tjornhom: This is kind of one of those issues that just kind of came up on us you know so it's kind of hard to make a wise choice in my mind with that because you know I've been quickly reading some of the emails we've received and some of them want it. Some of them don't and so some are saying well leave part of it and take part of it out which sounds like a horrible idea but you know and we just really haven't addressed it with the staff report or with anything. 24 Chanhassen City Council — August 12, 2019 Kate Aanenson: Well Mr. Jablonski is probably more interested. Councilwoman Tjornhom: Yeah exactly. None of us have addressed it. Mayor Ryan: Right. Joe Jablonski: Yeah regarding the fence you know we'd be happy to take it out but I think one of the things that should be understood is to get in there to take it out may require some tree removal and some undergrowth removal so you know it's the constant trade off of it is overgrown through there. There are sections of the fence that you know old limbs have fallen on parts of it so some of it's up and it looks pretty good. Some of it's down and it doesn't look too hot and we'd be happy to take it down and don't have a problem with it but I just want to make sure everyone understands that to get the proper equipment in there to remove it may require clearing paths and may require taking some additional trees out so you know it's kind of the trade off which you know for you folks to decide but we'd be happy to follow whatever direction you are willing to give us on that. Todd Gerhardt: Mayor and council, as you saw on that Outlot A the fence will become the property of the City of Chanhassen once the plat is recorded so it will be our fence and I know certain neighbors that will probably call and want us to repair the fence. Replace the fence and potentially cut a hole in the fence so people can have access to the trail so just want to let you know that once this is done the fence will be the property of the City of Chanhassen. And any damage that Lennar makes to the trees in removing the fence would be a part of the tree calculation and they would have to follow those caliper inch calculations. Mayor Ryan: So you had mentioned Mr. Jablonski, now we're onto the fence but you had mentioned that you had offered a fence at some point so is there, so that would be, include a replacement of the existing fence? Joe Jablonski: That is not the intent. The intent at this point is to remove it. Mayor Ryan: And I, I mean we quickly got emails council this evening so I. Councilman McDonald: Well again what I would reiterate is that due to the past history I do not think the City wants to own that fence. It will be a problem we do not want to deal with. So that's why I'm in favor of taking it down and as I understood Mr. Jablonski when you were talking about a fence you're talking about up on the trail to separate those lots from the trail. Is that the fence you were talking about? Joe Jablonski: When I had mentioned the fence that was in previous versions of the preliminary plat where we had lots backing right up to the property line. 25 Chanhassen City Council — August 12, 2019 Councilman McDonald: Oh okay. Joe Jablonski: So just to be clear that's when we had suggested that idea to... Councilman McDonald: Okay so the only thing you're offering is to take the fence down. Joe Jablonski: Correct. Councilman McDonald: Yeah you're not offering to put any fence up whatsoever. Joe Jablonski: Correct. Councilman McDonald: Okay. Mayor Ryan: But the City can make a requirement that they put up a fence? Todd Gerhardt: You could. Typically what the reason Lennar was putting a fence up is, if you remember there was a large retaining wall when all the homes were 30 feet from the property line and as a part of the retaining wall anything 4 feet or above needs a fence on it because of fall factor. Of anybody on top of that fence so I believe a big portion of the retaining wall was over 4 feet. Councilman McDonald: But I think we still get back to my point that even if you require them to put the fence up then it becomes our fence. Todd Gerhardt: Yes. Councilman McDonald: Which means we're responsible for maintenance and all kinds of stuff with it. Mayor Ryan: Well I know one of the concerns again and a quick review because we obviously started our work session earlier this evening and we were receiving emails all the way up until we sat down. You know one of the desires for keeping the fence from the residents is to have that divider because there's going to be a trail in the back, you know now in their back yard and so from a privacy and delineation between the two developments is to have some sort of border that makes it, you know divides the two pieces of property so back to the trees. If we take down the fences you know you're suggesting Councilman McDonald that I definitely understand that because the City doesn't want to have to be maintaining that and I think that the, you know the buffer or the divider has to be something more significant because it is very open from the back of that, you know of Majestic Way lots to this trail. I know that there's a grade change but it is, it is you know wide open and I know that that division between the two is something that is important to the residents so it's something that we may want to consider. And the emails that I all Chanhassen City Council — August 12, 2019 had a quick opportunity to read. I don't know Ms. Aanenson can you pull it back up, just the map of. Kate Aanenson: I'll go back to the landscaping plans. Mayor Ryan: Right there I got one. Right there. So you can see where that, where the property line exists. That's where the chainlink fence is today and if we remove that you know other than a couple properties they're pretty exposed and so I think again with the commitment of having a buffer and protection between the lots, if we remove the fence I would like to see some sort of buffer established between that. Councilman McDonald: You know if I could Mayor I would also point out that in other homes in other developments that the City's been involved with where we've put trails it's been up to the property owners to put up their own fence and they have done that. Especially on 101 and it is not unusual. This is not anything new but if the property owners feel that they want to have that they can certainly put up their own fence. I'm just maybe a bit little lost as to why we're spending so much time on the fence because I don't see it as a big deal. I understand from a resident's standpoint it could be a big deal. I've been there but I put up my own fence. I know others on the council have put up their own fences and it's not that big of a hardship to put up your own fence. I just don't think the City needs to get involved you know. We don't want to take on that responsibility. If we can get Lennar to take the fence down I think we ought to get them to take the fence down and save ourselves some money. Just my two cents worth. Mayor Ryan: Alright thank you. Todd Gerhardt: Mayor council I'd also like to add you can see the grades in the section of probably the last 5 lots. That is very steep. That is not an area where people are going to, you can go down to the trail but my guess you're not going to go up from that trail. That is 3 to 1 slope and very steep. I would suggest that we take at least several of those 15 trees and place them down close to where that trail is almost touching the properties. The last 2 to 3 properties where it bends and does a 90. Councilman Campion: To the west. Todd Gerhardt: The trail to, no the other way. Keep going west. Northwest. There. Right there is that is where most of the tree loss has occurred and that's where the trail is impacting or seeing the significant change in where the trail is going to be located between the two properties. So that calls for a buffer. Todd Hoffman: Mayor and City Council members something to think about long term is the City's going to own that outlot an everything to the south of the trail is just going to be left natural and so it will continue to grow up and increase as a buffer over time. If the City owns that fence and we have to get in there to repair it, remove it, paint it, we'll have to maintain a 27 Chanhassen City Council — August 12, 2019 maintenance trail which will eliminate that buffer. Fences are problematic when we own them and in a place where we shouldn't them and from a management standpoint it would be best to remove that fence so it's not there long term. Todd Gerhardt: And we need about 3 feet on each side of the trail so we can plow it to push snow too. Mayor Ryan: Alright well council let's quickly just share you know if you want to keep the fence or remove the fence so we can at least get back to Mr. McDonald's motion. Councilman Campion: I favor removing the fence. Mayor Ryan: Councilwoman Coleman? Councilwoman Coleman: You know I still have unread emails at this point that were coming in even during our interviews so I would like to take more time to address this issue and perhaps move the vote so I am at this point undecided. Mayor Ryan: Okay thank you. Councilwoman Tjornhom: I am in favor of the fence removal. Mayor Ryan: Okay. Councilman McDonald is. Councilman McDonald: You kind of know where I'm at. Mayor Ryan: Yeah you've made it clear. Okay well then the fence will be removed by, so that will have to be a condition. Todd Gerhardt: That will be part of your motion. Roger Knutson: Part of your motion. Councilman McDonald: Do I need to add that? Todd Gerhardt: Yep. Councilman McDonald: Okay. I would add to my motion that I've already made also the removal of the fence on the south property line. Todd Gerhardt: Yes. Mayor Ryan: We have a valid motion? Chanhassen City Council — August 12, 2019 Roger Knutson: Yes. Mayor Ryan: Yes. Okay we have a valid motion. Is there a second? Councilwoman Tjornhom: Second. Mayor Ryan: We have a valid motion and a second. Any comments that would like to be made before we take a final vote? Councilman Campion: Sure I'll give some comments. I do believe that we need to improve the buffer a bit and at the same time I'm willing to approve as is with the intent that efforts will be made to improve the buffer around those sections where the trail is coming close to the Majestic Way lots. Mayor Ryan: Thank you Councilman Campion. Anybody else? Alright I would like to make a comment. In efforts to you know obviously we're going to move this forward. I am very concerned about the trees and I would like a concerted effort to increase your tree count along the southern portion of this development. I'd like you to be cognizant of what happens along Galpin as well because we do have phase 2, 3 and 4 to come back and it is you know, this is a priority when we talk about infill development so doing the minimum is not, I know that's, you know that's all you have to do but I would ask that you do more than just the minimum in terms of planting trees and tree preservation so with that all those in favor please signify by saying aye. Councilman McDonald moved, Councilwoman Tjornhom seconded that the Chanhassen City Council approves The Park Final Plat, Development Contract with the addition of removal of the fence along the south property line, and Plans and Specifications with the following conditions: Dedication of Outlots The dedication of Outlots A -G, as illustrated on The Park Final Plat, shall be as such: Outlot A Warranty Deed to the City 50 Acres of Public Park Outlot B Warranty Deed to the City Drainage and Utility Easement Outlot C Warranty Deed to the City Drainage and Utility Easement and Parking Lot Outlot D Warranty Deed to the City Wetland and Drainage and Utility Easement Outlot E N/A Guard House 29 Chanhassen City Council — August 12, 2019 Outlot F Outlot G Parks and Recreation Quitclaim Deed to the City N/A City Well House Future Phases The planning, engineering, grading, and placement of aggregate and bituminous base for construction of a 10 -foot wide bituminous east/west trail connection between Galpin Boulevard and a location east of "Raspberry Lane", and in lieu of constructing a 10 -foot wide bituminous trail adjacent to Galpin Boulevard between "Paisley Parkway" and "Raspberry Lane", make a $120,000 (1,600 feet @ $75 per foot) contribution to the city's Trail Fund. 2. The east/west trail shall maintain a minimum 10 -foot setback from outside edges of trail to private property and be designed to minimize encroachment of wetland buffers. 3. The east/west trail crossing of "Paisley Parkway" shall be relocated from a midblock crossing as shown to the intersection of "Paisley Parkway" and "Raspberry Lane". 4. The east/west trail shall be designed and constructed so as not to require retaining walls. 5. The entirety of the east/west trail and associated buffers shall be constructed within the dedicated public outlots. 6. The planning, engineering and construction of the 10 -foot wide bituminous trails connecting both "Mattie Circle" and Topaz Drive/Ridge Lane to the planned trail at the western edge of Lake Lucy including trail easements. En2ineerin2 The developer shall abandon all existing wells and septic fields in accordance with all federal, state, and local regulatory agency standards, and obtain all necessary permits for said abandonments. Prior to commencement of abandonment activities, a copy of all required permits from the appropriate regulatory agencies shall be provided to the city. 2. A geotechnical engineering shall be on-site during grading operations. If groundwater is encountered during grading, grades shall be adjusted to maintain a three foot separation from the bottom floor elevation and adhering to the recommendations of the soil engineer on site. Changes to grades shall be submitted to the city for review and approval. 3. All curb ramps shall be constructed to meet ADA standards and the city's Detail Plates #5215-5215D. 4. A detail of the proposed street lights shall be provided prior to the issuance of building permits. 30 Chanhassen City Council — August 12, 2019 5. Street lights shall be installed at all intersections and at the end of each cul-de-sac subject to review and approval of the city prior to issuance of building permits. 6. All newly constructed water mains shall be public water mains, owned and maintained by the city, after acceptance of the public improvements by the City Council. 7. Water mains located on Paisley Path shall be tied into the high-pressure zone located on Galpin Boulevard. 8. The developer shall field verify the location of all water main taps to the existing public mains off Galpin Boulevard prior to the issuance of building permits and update the plans accordingly. 9. The developer's contractor shall schedule a preconstruction meeting with Engineering and Public Works Utilities prior to the commencement of any work to the watermain installation and tapping from Galpin Boulevard. 10. Updated plans indicating the location of all underground utilities on the east side of Galpin Boulevard, along with plans and profiles of any utility crossings on the east side of Galpin Boulevard, shall be submitted for review and approval prior to the commencement of any utility construction. 11. All utility crossings of potable water and sanitary and/or storm mains will require 18 inches of vertical separation and 10 feet of horizontal separation. The developer shall submit construction plans with profiles and plan views of the utilities for review and approval prior to the commencement of any utility construction. 12. All utility crossings of potable water and sanitary sewer that do not meet vertical separation requirements will require that the sanitary sewer main at that crossing be constructed of PVC C900 water main material. The developer shall submit construction plans indicating material type at these locations for review and approval of the city prior to the commencement of any utility construction. 13. Cluster valves located around water main tees shall be installed at a minimum of five feet from the tees to the valves, where feasible. All valve locations and any other water main appurtenances shall be reviewed and approved by Engineering and Public Works prior to the commencement of any utility construction. 14. All comments and conditions regarding fire appurtenances, spacing, and location set forth by the Fire Department shall be addressed by the applicant. 15. All newly constructed sewer mains shall be public sewer mains, owned and maintained by the city, after acceptance of the public improvements by the City Council. 16. PVC sanitary sewer pipes that will be constructed at a burial depth of 0-16 feet shall be constructed of pipe class SDR 35, burial depths of 16-26 feet shall be of pipe class SDR 26, and burial depths of greater than 26 feet shall be of pipe class C900. 17. Inverts that have a 20 -inch or greater differential shall be supplied inside drops per city standards and be constructed per the city's Detail Plate No. 2104. 18. No sump structures shall be installed in backyard pickups. 31 Chanhassen City Council — August 12, 2019 19. All public sanitary sewer utilities and sanitary sewer services shall have tracer wire installed. Detail plates and specifications shall be provided to the developer to meet this requirement and shall be defined in the supplemental provision for The Park Utility and Street Construction Project Manual. 20. All public streets' base course shall utilize an asphalt binder grade of "C" in accordance with MnDOT asphalt grades (Table 2360-2), plates and cross-section details shall be updated accordingly. 21. Driveways shall be setback at least ten feet from the side property lines in accordance with section 20-1122 of City Ordinances. 22. All driveways shall be located outside side lot drainage and utility easements. 23. The developer shall coordinate with the Building Department and Public Works Utility Department to determine which homes shall be required to install pressure reducing valves prior to the issuance of building permits. 24. The contractor shall contact the city inspector for inspection of all insulated pipe crossings. 25. On Sheet 1.3, provide a separate, enlarged inset detail of the proposed connection to the 24" DIP water main at the intersection of Galpin Boulevard and Hunter Drive/"Paisley Path" that includes plan and profile views of the location of all existing utilities. Include a note to coordinate this work with the Public Works Utility Department and city inspector 48 hours prior to wet tap. 26. On Sheet 1.5 of the sanitary sewer and water main plans: DIP tees for risers on "Purple Parkway" shall be updated to be C900 wyes; the 20' DIP stubbed out of MH 16-078 shall be PVC, also add note to address proper pipe support (compaction) under influence zone of pipe. 27. For all storm sewer plans: any HDPE pipe shall be called -out as "N-12" in accordance with city standard specifications. Stormwater Conditions & Wetlands An operations and maintenance plan for the proposed stormwater management system will be required prior to approval. 2. All comments and conditions set forth by the Riley Purgatory Bluff Creek Watershed District shall be addressed by the applicant. 3. Access routes for all proposed stormwater basins are required for maintenance purposes. Applicant should call out access locations for all proposed stormwater basins. 4. A defined riprap EOF spillway will be required for all stormwater basins per details provided on Sheet 33. Applicant should include location and elevation of all EOF spillways on the storm sewer plans. 32 Chanhassen City Council — August 12, 2019 5. The only remaining inconsistency to update is the weir in OCS 400B should be changed in HydroCAD from a four -foot weir to a five-foot weir. 6. Stormwater runoff shall not be discharged into wetlands without water quality pretreatment as prescribed by City Code. 7. Wetland Buffers. Wetland buffers and buffer monumentation will be required adjacent to the wetlands on site. Please indicate wetland buffer widths and locations where signage will be placed on a plan sheet. Please find additional information on signage placement in the city's guidance document. The WMO provides signs and sign posts for the cost of materials. Alternative signs (by the city or applicant) are also acceptable provided they contain similar information. Wetland buffers and buffer setbacks pursuant to section 20- 411 and consistent with the preliminary plat must be memorialized with a recorded wetland buffer agreement filed with the county recorder's office. 8. Where possible, the applicant shall update all storm sewer so the maximum pipe velocity is 12 feet per second. If not possible, pipe velocities should not exceed 15 feet per second per MnDOT guidance. 9. The 15" outlet pipe from CB -490 should be included in the HydroCAD model to ensure the pipe does not restrict flow and back up water at the low point. The 19" horizontal orifice should be routed to the 15" pipe. 10. The slope of the outlet pipe from Wetland 12 should be updated in the HydroCAD model to match what is illustrated on the plans. 11. For the basins where filtration is proposed, the infiltration in P8 should be routed to the downstream waterbody instead of out of the system for accuracy. It appears the proposed stormwater system will still meet water quality requirements after the updates. Landscanin2 and Tree Preservation Tree preservation fencing shall be installed around existing trees to be saved prior to any construction activities and remain installed until completion. 2. The applicant shall meet the minimum requirement of 461 trees for the development. All required trees must meet minimum size requirements for deciduous and evergreen species. 3. Buffer plantings shall be added to the east of the city well building. Five evergreen trees shall be planted to the east of the well house. 4. Any well house access road shall avoid removals of any significant trees in Outlot E or F. No significant oaks may be removed. 33 Chanhassen City Council — August 12, 2019 5. Northern Pin Oak shall be replaced with White, Bur, Red or Bi -color oak species in the plant schedule. 6. No tree Genus shall comprise of more than 20% of the total number of trees and no tree species shall comprise of more than 10% of the total number of trees. 7. Lots with significant tree cover contain conservation easements to protect the wooded areas. Lots 153 and 154 shall have protective easements over parts of the lot containing existing forest. Specifically, the westerly 200 feet of Lot 154, and the easterly 200 feet of Lot 153. All voted in favor, except Councilwoman Coleman who opposed and the motion carried with a vote of 4 to 1. Mayor Ryan: That motion carries 4-1. Any new business? No. COUNCIL PRESENTATIONS. Mayor Ryan: Council presentations? Councilman McDonald: Mayor? Mayor Ryan: Go ahead sorry. Councilman McDonald. Councilman McDonald: Part of my job on the council has been to report on the Red Birds so I thought I would give everybody a update. They have made it into the State Tournament. They got the number one seed coming out of the River Valley League so we're going to be in pretty good shape as we go into the tournament. Those games should be starting within the next week or so. I don't know where they're going to be at yet. I haven't seen the schedule but state tournament will not be held here in Chanhassen. We don't win on the field but Red Birds are going for a twopeat from last year and we'll see what happens. Thank you. Mayor Ryan: Awesome, thank you. Good luck. Anybody else? I'd like to just say two things. First I'd like to everybody who participated in Night to Unite. Council members, city staff, our fire department, law enforcement. We covered what was it 47. Todd Gerhardt: 44. Mayor Ryan: 44 parties around the community. Received great feedback and comments from residents but appreciate the residents that planned events and invited the City to come and join them at their events and appreciate those staff and the fire department and law enforcement and the sheriff's office for going out and being great representatives of our community so it was a fun night. It was a gorgeous night so thank you for that. And then the other thing I just want to thank Mr. Gerhardt and Mr. Wedel today for going to a round table with Representative Phillips 34 Chanhassen City Council — August 12, 2019 where we are talking about water quality and just the importance of addressing some of our funding needs and listening to other communities and agencies and some of the challenges that they're facing so thank you for taking time and sharing your insight and years of experience and it was very invaluable so thank you for your time today. Todd Gerhardt: Well thank you for your time. You know it, to have the tone of those meetings to have mayors there. Those leaders in our communities make a big difference so thank you for being there. That's who they really want to hear from. We can sit there and complain all day long but when the mayors are there they stand to attention and I think we got our point across and they really seem to care which is a great message I think that we bring back to you. That Mr. Phillips, Representative Phillips does care what's going on and he wants to make a change and so we need to work with him and take time and develop some good policies. ADMINISTRATIVE PRESENTATIONS. Mayor Ryan: Any administrative presentations? Todd Gerhardt: Well I'd like to introduce the new Assistant City Manager. Got to go out and introduce him to the public on the Night to Unite and I played my joke with some of the kids that he was a criminal in the back of the car and he could only get out if I opened the door so the kids started screaming and no. It was I don't know, my humor for myself is just pretty weird but we're lucky to have Jake Foster with us and Jake comes from us from Lake Elmo. We saved him from Lake Elmo and he spent 2 years there. He was with the City of Fridley for a year. Got to work under the tutelage of Wally and Wally is a unique city manager and I'm sure you learned a lot from Wally and he spent a lot of time at St. John's University for his undergrad and he went to the big school Northwestern for his masters and spent some time with United Health in their marketing and website. He does have quite a bit of website experience. He lives in Eagan but would like to move to this area. He's married. He has a 10 year old son. Jake Foster: 10 month. Todd Gerhardt: 10 month. Mayor Ryan: That's a big difference. Todd Gerhardt: Aged him quick. And he's teething right now so he takes his watermelon and smashes it on the table to soften it up so he can eat it. Saw some and great video of his son doing that and you know you've got to make that watermelon soft when you're chewing it when you need it and my day's coming on that one. But one of the big things at St. John's, if you don't know about this is that you get pinned and, I don't think you do but one of the things I told Jake I would do is give him a city pin so. We were playing around with this. He already got his city key which is a bottle opener. Jake on behalf of Mayor and the entire City Council and 35 Chanhassen City Council — August 12, 2019 department heads we welcome you to the City of Chanhassen. And to make you feel proud of your St. John graduation and if I can get this out I'm going to pin you. Jake Foster: Alright. Councilman McDonald: Don't hurt him. Mayor Ryan: Welcome Jake. Todd Gerhardt: So Jake if you'd like to say a few words. Hopefully I didn't take all your thunder there. Jake Foster: No I think you summed everything up pretty well. That pinning thing started as a complete joke but Todd followed through so yeah. But I'm happy to be here. I think Todd spoke pretty well to my experience and my credentials but it's been great so far the first two weeks and just excited to dig in more and keep going. Mayor Ryan: Great, well welcome. We're excited to have you. We've already heard great things from city staff and you're working hard and fitting in and we're very pleased to have you so looking forward to working with you. Jake Foster: Likewise, thanks. Mayor Ryan: Welcome. Todd Gerhardt: Oh Jake grew up in Hastings and already found a friend on Night to Unite that graduated from Hastings so we made a connection there so I had to make sure I found a friend in the community for him so they can talk about stories about Hastings so. Mayor Ryan: Going over and above. Todd Gerhardt: Yes. Mayor Ryan: Well done Todd. Alright thank you. Welcome again. 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 5 to 0. The City Council meeting was adjourned at 8:40 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim