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CC VER 2020 11 09CHANHASSEN CITY COUNCIL REGULAR MEETING NOVEMBER 9, 2020 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 Tjornhom, Councilman McDonald, Councilman Campion, and Councilwoman Coleman STAFF PRESENT: Heather Johnston, Jake Foster, Kate Aanenson, Charlie Howley, Kelly Strey, Andrea Poehler, Richard Rice and Matt Kerr PUBLIC PRESENT: Mark Webster 6527 2nd Avenue South Luis Berrospid 7406 Frontier Trail Mayor Ryan: Good evening again everyone. Thank you for joining us tonight. For the record we have all of our council members present tonight with two of them attending via Zoom. Since we are operating with City Council members both present and online I will be taking roll call votes this evening. Our first action is our agenda approval. Council members are there any modifications to the agenda as printed. Please with respond with yeah or nay. After the roll call vote there were not changes to the published agenda. PUBLIC ANNOUNCEMENTS: Mayor Ryan: There were no public announcements that were posted but I did want to bring something up for public consumption and to share with City Council. Although there’s no action item related to this it was something that I think we all received today as part of, or on an email and it has to do with some lock down measures that Governor Walz is going to take and I just wanted to bring it to council’s attention as well as a public. There was an article in the Star Tribune that was released just before noon today and it states that Governor Walz will be speaking with legislators on Tuesday and unveil some plans for a more targeted approach to lockdown due to rising Coronavirus numbers. The point that I wanted to bring up and share with council is that Walz also stated today that the State is looking closely at the use of mobile devices that can record the movements of people and their proximity to other people and this just jumped out and was alarming to me so I wanted to share with council that I did forward that onto our legislators so Senator Osmek and Jensen as well as Representatives Morris and Boe to let them know of the concern about tracking the movements that we have so there’s no action from council but I did want to make that public comment and share that with council as well as the public. I did hear back from Senator Jensen and he is going to be discussing it with his Chanhassen City Council – November 9, 2020 2 colleagues as well in preparation for his meeting with the Governor tomorrow so I just wanted to share that as part of the public announcements. Are there any questions from council? Councilman McDonald: How are they going to track us? Mayor Ryan: Well that’s what I don’t know and so that’s what I asked for them to follow up on to get some clarify around a statement like that was concerning to me so I asked to make sure that there is some questioning and clarity provided to you know the folks of Minnesota on what exactly that means. Councilman McDonald: Thanks. Thank you. CONSENT AGENDA: Councilman McDonald moved Councilman Campion seconded to approve the following consent agenda items pursuant to the Interim City Manager’s recommendations: 1. Approve City Council Minutes dated October 26, 2020 2. Resolution #2020-61: Adoption of Livable Communities Act 3. Approve Contract for Lakeridge Road Stormwater Pond Repair 4. Tort Liability Waiver 5. Approve Access Easement Agreement with John and Carrie Tietz All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS. None. REQUEST FOR RENAMING TH5/AUDUBON ROAD/MCGLYNN ROAD. Charlie Howley: Thank you Mayor, council. No prepared power point here. This is a two part agenda item. One would be to consider passing a resolution of support and the other one is more informational feedback from council to staff if we want to proceed down the path of potentially renaming two of our local roads. So we’ll do, I’ll talk about all of it and then you can take the motion for the resolution and then the direction as you wish. So if you remember at a council meeting on August 22nd I believe it was we received a citizen action request form from Mr. Bob Finn requesting potentially renaming two local streets in honor of Prince Rogers Nelson. So those streets would be Audubon Road essentially between Lyman and Trunk Highway 5 and the McGlynn what is it Drive, and I’ll show a little map here in a second. And then other ask was the Trunk Highway 5 itself potentially renaming the highway as a memorial so on that front that that’s not anything the City can do. That’s has to be done by the State and the State Legislature Chanhassen City Council – November 9, 2020 3 so Mr. Finn is talking to Representative Boe and potentially some others to bring this forward to the legislature. So other than that we really haven’t provided much information. We don’t have much to say so a resolution has been prepared should you wish to pass it. It was in your packet and it would generally be the City’s support for renaming a portion of Trunk Highway 5 in the honor of Prince Rogers Nelson. What that name would be I guess we’ll let them figure it out. The other part which is where I’ll put up the map right here. Hopefully that comes up. So if you look here’s Paisley Park. That’s Paisley Park. Here’s Trunk Highway 5. Here’s Audubon all the way down and here’s Lyman. McGlynn Drive is that short little segment right there that has the, where the daycare property right on the corner. Otherwise this is all undeveloped land. So the ask was should the City should consider renaming either or both McGlynn Drive and Audubon Road or a potion of Audubon Road to something that would honor the memory of Prince. The purpose of this map really is to identify the properties that have a mailing address on Audubon Road and there are 11 of them and they are highlighted in red. These are obviously single family residential properties on the south closer to Lyman and then these are commercial industrial businesses on the north, and Paisley Park is one of them. So let me go back to the staff report here if I may. Heather Johnston: And while Mr. Howley’s doing that just to clarify, the initial request was for just a small portion of Audubon Road and so the staff though, it’s somewhat confusing sometimes if you have different segments of a road so we, which is why as Mr. Howley said we looked into the entire segment of that because it just made more sense from a road naming standpoint so. Charlie Howley: Yes thank you. So McGlynn Drive let’s tackle that one first. It’s a short little segment. This may be helpful. Zoom here on the resolution. Oh yeah so you can’t see it. So there’s the daycare. Short segment undeveloped land. So that address is McGlynn Drive for the daycare facility. Staff’s opinion is that due to the uncertainty of any future development of this large tract of land that there is a potential at least for this roadway, right-of-way McGlynn Drive to be vacated. Not saying anything is eminent. There’s no applications in. Kate can correct me if I’m wrong but we don’t think going through the process of renaming this little short segment of street if one year, two year, five years the street goes away. So that property isn’t highlighted. Staff would say maybe not the best idea but you know welcoming your feedback on that. As far as Audubon, go back to the staff report here. Again 11 properties. What we did, and things to think about would be what should we change the name to? It’s not up to us. The applicant has some suggestions but we need to make sure that we have a name that would be selected, doesn’t have any conflicts with any other existing road names in the city and I know The Park development has got a lot of Prince related road names so we’d have to figure out the best name there. We’d have to alert the post office of the change. We’d have to update the County’s property information database. We’d have to of course consider the impacts to the private property owners. Drivers license. Utility billings and things that they have a mailing address associated with would need to be changed. Private utility companies need to know the new name of roads so that they can appropriately react and figure out their systems. Then if there’s some costs incurred by this whole process who should bear the cost? Should that be a City cost? Chanhassen City Council – November 9, 2020 4 Should the applicant who is requesting the change pay for this cost? All of those things would have to be thought about and we haven’t spent a ton of time thinking about all those things until you think yeah, this might be a good idea. Then we’ll take it to the next level. What we did do because one of the biggest ones is the impacts to those 11 properties and what we did as a planning staff made calls. Tried to reach out to all of them and we heard back from 5, is that the latest number? And 3 were strongly opposed and 2 were in favor. So whatever that’s worth we wanted to bring that to you as part of that. Talking about costs that potentially being incurred from the City’s point of view is we’ve got street signs that might have to get changed so there’s a cost to replace them. A couple thousand dollars. Not a huge deal but something to consider. So with that unless there’s anything else that we need to talk about we want to hear feedback from you about whether we should take this to the next step and those steps would be identifying a name. Certainly reaching back out to all of the property owners and getting out in front of that outreach and communication. This would have to be done by an ordinance and we would have to hold a public hearing and take action on it and then go through with the actual logistics of making the name change. So with that I think I missed anything? Heather Johnston: Nope I think that’s good and Mr. Finn couldn’t be here tonight but his colleague is here so that if there are questions for the folks who raised this they are here to represent. Thank you. Mayor Ryan: Great, thank you. Thank you Mr. Howley. So just for clarification for the council tonight we can do a couple things or one thing but what is presented, if we wanted to pursue the route of Trunk Highway, the memorial Trunk Highway 5, that’s the motion in terms of moving it forward with a resolution of support to rename Trunk Highway 5 between Audubon and Powers or would it be up to the State or MnDOT? Who would determine the length of the road or the portion of the road? Charlie Howley: Mayor, council I believe the request was to name, renaming or identify Trunk Highway 5 from where 5 and 212 split in Eden Prairie all the way to Galpin, right? And then west it would stay Arboretum Boulevard or what have you. Mayor Ryan: All the way to Galpin. Okay. Okay. Charlie Howley: Which is the map’s not up on your screen but you know obviously half a mile west of Audubon. Mayor Ryan: Okay. Charlie Howley: And we don’t make that decision. That would be the negotiations with MnDOT and the State Legislature obviously of what they would allow. What’s being asked. The things along those lines. Chanhassen City Council – November 9, 2020 5 Mayor Ryan: Okay. Okay. And may I ask the applicant before I turn over to council for any additional questions, have you been in touch with Representative Boe or any of the legislators and what has their feedback been? If you wouldn’t mind coming up to the podium that would be great. And just your name and address for the record. Mark Webster: Mark Webster. My address is 6527 2nd Avenue, Richfield, Minnesota. Mayor Ryan: Thank you Mr. Webster. Mark Webster: So the question was? Mayor Ryan: The question was have you been in touch with legislators and what is their response been to date? Mark Webster: Yeah, Bob Finn has gotten in touch with I think is name is Boe. Last name is Boe and he was very delighted and favored. He did tell us that we would probably have to research a little bit more but he was more in favor of trying to rename the highway. Mayor Ryan: Okay, thank you. I appreciate it. Mark Webster: Yep. Mayor Ryan: Council do you have any questions for the applicant or staff? Councilman McDonald: Yeah I’ve got a question. Mayor Ryan: Councilman McDonald. Councilman McDonald: At one time there was a thing where there used to be brown signs. You know they would rename a memorial road or something with that but they would keep the original name. Have we looked, is that a possibility and then would that alleviate some of the problems of Audubon Road? Heather Johnston: Madam Mayor, Councilman McDonald. I did talk to Mr. Finn and please correct me if your understanding is different and he said that they had thought about that. Their preference would be to actually change the name itself but certainly that is something that you all could consider and that’s just a question of you know the official name change versus having signs and the signs just you know, I think the preference was to change the actual road itself. Mark Webster: That’s correct. That’s correct. Chanhassen City Council – November 9, 2020 6 Councilman McDonald: And then what about, you say you don’t want to do just a piece of Audubon because that causes as much problem but like from Audubon and 5 down to Coulter. That would have minimal impact on anybody. Heather Johnston: Madam Mayor, Councilman McDonald you certainly could do that. You could choose to do that. I think it’s, we try to avoid generally having portions of streets names different things just so there’s not confusion from a navigational standpoint. Obviously people have navigation on their phones so it’s probably not as much of an issue as it used to be from a public safety standpoint. I think that concern is more of a make sure you don’t name it the same as something else but I don’t know if Charlie feels… Charlie Howley: Yeah I would agree. It’s all about difficulty of navigation and the emergency response right? Oh I’m on Audubon. Oh wait this isn’t Audubon anymore. The name changed as I’m flying down the street. All things that are just stopping completely. But one of the things in my mind about Audubon, and potentially renaming the whole thing is there’s always some navigational challenges with the word Audubon as it is because of the County State Aid highway Audubon that goes south of Lyman, right? There’s this job right where you’ve got to go over on Lyman and then north on Audubon which Heather first hand knowledge kind of got messed up the first time she was here trying to get around. It’s confusing to some people. If there was any road in the whole city limits that would make sense to change it’s name frankly this might be one of them. Right? That’s not the compelling reason to do it but it may soften the blow if you will of the, not the pain and suffering but the challenges of doing it right? My position would be do all of it or do none of it but that doesn’t mean that it can’t be done. Just go to Coulter. And then if that’s the direction you come up with we’ll you know research it and make sure that there isn’t something there that would create more problems than what we’re thinking of here. Councilman McDonald: So the process is if we decide to go forward with it there has to be a public hearing and we have to do a lot more research about the name of the road and all like that and then before the public hearing would you have a proposed name at that point or is that after the public hearing? Heather Johnston: Councilman McDonald we would hope to have a name. I think one of the things that we were going through the applicant, with Mr. Finn was you know what are all the names that are out there and what are their preferences? I think it wasn’t clear. Initially it was Paisley Parkway was the request right? And so it was really just, there’s a Paisley Road in the Prince development. Now all of this has to be approved by the family. Any use of some sort of likeness. My understanding is that Mr. Finn and his colleague have reached out to the family and they’re supportive of the concept. Ultimately they would have to approve whatever name that was but we would like it to be sufficiently different from the names that are already in The Park development. That’s really where we end up with confusion I think from a navigational and public safety response standpoint. Chanhassen City Council – November 9, 2020 7 Mark Webster: We did get to talk to the family and the family approved a name change is possible so. Mayor Ryan: Alright thank you. Councilman McDonald: I have nothing else right now? Mayor Ryan: Councilman Campion, you look like you want to say something. I’m not sure if you want to wait and I can turn it over to Councilwoman Tjornhom or Coleman unless you want to speak. Councilman Campion: I’m supportive of the idea. You know I think having a public hearing on it to gather even more input you know I think Paisley Park being in Chanhassen and all that is special and potentially having a road names after it as well, you know right there would draw even more attention to it. Mayor Ryan: Okay. Councilwoman Tjornhom. We can see you. Councilwoman Tjornhom: Can you hear me? What I’m wondering is in recent past…longer than recent past I guess, I’m trying to recall have we ever had any other of these requests and what has our policy been? Mayor Ryan: They’re looking at…that’s why there’s the silence. Charlie Howley: To our knowledge, no. Certainly there’s no policy developed on the situation right? Councilwoman Tjornhom: Yeah so I mean this is kind of obviously a new concept for all of us to be considering and so I think that we just need to be mindful, excuse me. That is why I’m not there tonight. We just need to be mindful of you know what the community’s will is and you know whatever we do moving forward will kind of set a precedence for whatever we do in the future when it comes to renaming roads and how that would happen so I’m certainly in favor of community involvement and making this a joint effort. Mayor Ryan: Great, thank you. Councilwoman Coleman. Councilwoman Coleman: Thank you Madam Mayor. I’m fully in support of this. Prince is one of the things that Chanhassen is known for. It’s one of the things people are most proud to say when they try to explain to people who aren’t familiar with Chanhassen, where and what it is all about and you know on the concern of setting precedent. I would love if we had another superstar at the level of Prince come here so I, you know I’m not even sure if that will ever happen again and I think that this is such a great way to honor someone who did so much for Chanhassen City Council – November 9, 2020 8 music in the world and for Chanhassen. I am still interested in the other gentleman’s idea though if the sign could be purple. Mayor Ryan: Thank you. My two cents is, you know I think asking staff to get some more feedback around the street name. I really support pursuing the state highway aspect. I think there’s a lot more visibility along Highway 5. I think you know Prince is special to Chanhassen but I think he’s equally as special to all Minnesotans and I think it would be really important for our legislators to get behind acknowledging the contributions he’s made to the state and then of course Chanhassen so I would very support a resolution asking our legislators to pursue changing the, or recognizing for the highway and we can obviously in going along the same time pursue what impacts there would be. Some costs. Get public feedback if we wanted to do Audubon but my preference is the acknowledgement along Highway 5. I think that is grander and has more of an impact for people traveling east and west on Highway 5 so I think we need two things. One if anyone from City Council wants to make the motion which would be in support of a resolution and then from what I’m hearing from council is we’d still like to pursue what impacts, costs associated with changing Audubon to a different name and just getting a little more you know information for council to review at that time but I think well two things really. One pursuing it from, with Representative Boe or we have other legislators that we would share this resolution with as well but if you’re looking from Highway 212 then that involves Eden Prairie. You know and we could share this with the folks in Eden Prairie to get their support as well so I think it’s bigger than just Chanhassen. It is Chanhassen. That’s where Paisley Park is. That’s Prince but I’d like to see it on a bigger scale on Highway 5 so with that staff I think the direction is clear with Audubon Road and then I would wait for council to see if there’s any motion in terms of the resolution. Is there any motion from council? Councilman Campion: I’ll make a motion. Mayor Ryan: Councilman Campion. Councilman Campion: I move that the City Council approves a Resolution of Support for designating a portion of Trunk Highway 5 as a memorial highway named after Prince Rogers Nelson. Mayor Ryan: Thank you Councilman Campion. We have a valid motion. Is there a second? Councilwoman Coleman: So moved. Mayor Ryan: Thank you Councilwoman Coleman. With a valid motion and a second I will now take a roll call vote. Resolution #2020-62: Councilman Campion moved, Councilwoman Coleman seconded that the City Council approves a Resolution of Support for designating a portion of Trunk Chanhassen City Council – November 9, 2020 9 Highway 5 as a memorial highway named after Prince Rogers Nelson. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Ryan: That motion carries 5-0 so thank you. We will get that letter as a resolution of support off to our legislators and then we’ll be in touch with you in terms of follow up and Mr. Finn in terms of following up with the next steps with Audubon Road. Thank you for being here tonight. Appreciate it. Mark Webster: Thank you very much. Appreciate it. APPROVE PRELIMINARY AND FINAL PLAT, DEVELOPMENT CONTRACT,. AND CONSTRUCTION PLANS AND SPECIFICATIONS FOR A SUBDIVISION CREATING THREE LOTS (BERROSPID ADDITION) WITH A VARIANCE FOR THE USE OF A PRIVATE STREET ON PROPERTY LOCATED AT 7406 FRONTIER TRAIL. Mayor Ryan: This is Ms. Aanenson. Kate Aanenson: Thank you Mayor, members of the council. This is an application for a subdivision from Luis Berrospid and it did appear before the Planning Commission on October 20th and I apologize the Minutes didn’t get in because we didn’t have a meeting on election day, we got off the cycle so we did forward those to you because there was some good discussion at the Planning Commission level on this project. We also included in there a number of comments from the neighbors too so I’ll go through that in a little bit more detail but again this is a request for an existing home to split into two lots so it uses the flag lot which does require a variance for the use of a private street for up to 3 homes which this would include. So the location here is on 7406 Frontier Trail. The property is guided single family residential so typically if you look at a single family residential subdivision the minimum lot size would have to be 15,000 square feet and it is guided low density which this then does conform to. So just to kind of show you the existing conditions as you go from Frontier Trail it gets steeper as you go up. This is the existing driveway here shaded and that driveway is what would be used, improved to make the private which is the 30 foot right-of-way in 20 ton design. So what this subdivision does, it’s hard to see and I’ll show it illustratively on another slide but there’s some right-of-way of this property that actually goes out into Frontier Trail so that provides right-of-way that crosses all the big property lines and removes the driveway from going onto the neighboring lot with the new private drive so it resolves a couple of problems. Originally this came in with a one lot subdivision and it ended up being 3 lots and I’ll go through that in a minute here but so creating these two lots, additional lots so the existing home is shown on that other slide is on Lot 3 and that lot’s going to be 44,000. The middle lot would be just over the 15,000 minimum and then Lot number 1 would be at the 18,000 square footage so again this subdivision will create the 3 lots. Two new ones. Dedicate the right-of-way. Kind of more illustratively shown here on Frontier Trail. Get access via the private street. Extend sewer and water and then provide stormwater treatment. The variance then is for the private street. Again in order to serve these homes via a private street that does require a variance so that’s really the Planning Commission and City Council can Chanhassen City Council – November 9, 2020 10 weigh in on their discretion. We looked at when we do a subdivision we always look at what would be the impact on serving this with a private street. Those 2 homes and the staff looking at the impact of that in the wooded area felt like the private street was sufficient kind of falling in the same place where the existing driveway was. So we thought based on the variance criteria it met that criteria. So the variance findings are here. I’m not going to go through those all, all of them but if you have questions on that again the staff felt like it met the criteria. The one vote in the dissenting was the fact that there was some tree loss and I’ll go through that and that’s one of the things that they felt, again the staff position by putting in the private street they could make all the 15,000 square foot lots work. You’re just going to lose more trees. So there is some grading to the site. Again here’s the existing home. Let me see if I can make that a little bit brighter here. The existing home and that driveway so that, the road would be improved. Again moving it further away from the property. Adjacent property. There’ll be a retaining wall and then the grading on the two lots so there was two private retaining walls that will be about 4 feet in height. Again that’s to hold back the grades as it drops down. Also showing the existing drainage pattern. If I get off the mark I’ll let the City Engineer jump in and correct me. So private street will have a 10 percent grade and transition to 2 so it flattens out as we like as it gets towards Frontier Trail. Again the cut and fill within the flood plain is reviewed and approved by the watershed district. So I’m going to just go back to this, so there’s some stormwater here. I think there’s a little bit more detail in the slides on that but that was one of the original proposes when the applicant did the one lot subdivision. The watershed district asked them to put in a more significant containment and so the cost of that motivated the applicant to go with two lots to cover those costs. There was a wetland. Concern about the potential of being a wetland on the site so a wetland delineation was done and we did receive a wetland delineation issuing a Notice of Decision so that wetland concern has been removed from the situation and that’s new information since this went to the Planning Commission so we just got that I believe just today. So the surface water management. Maybe Charlie if you want to talk a little bit about that that would be good. Charlie Howley: You bet. So what they’re proposing is an underground system. It’s kind of over sized pipes and it’s in the area shaded in yellow or orange if you will. That would be a private system owned and operated privately. Not public so it’s not going to be in our stormwater pond list. Upstream of that is a sunk catch basin. That’s kind of the yellow dot and that would be a public structure that we would vac out and inspect from time to time and that’s a pre-treatment not only for their underground system but it also acts as a water quality treatment for the flow that’s by-passed around these new lots and down to the ditch along Frontier Trail so it is intercepting a mix of off site flow and on site flow and that’s why there’s some elaborate re- routing of storm water as part of this system. So it meets all of the rules and requirements in what’s noted in the conditions and the stormwater of the watershed district has blessed it. Ready to get for permits so they did a real nice job of getting that ironed out before coming through the Planning Commission and having a lot of back and forth so the applicant approached it the right way as far as I’m concerned. Kudos to them. Chanhassen City Council – November 9, 2020 11 Kate Aanenson: So also I would add too that one of the conditions of the staff report is not only the private drive but they too have to be managed by those 3 homes. They would manage it. Not the City as Charlie mentioned but that’s put into a condition of approval so however they set it up through a cross access agreement or an HOA but that’s how that would be managed. Charlie Howley: The public utilities, the green is sewer and the blue is water so they’d extend a public water main off of the street. There’d be a hydrant there and then all 3 homes would take their water services from that new line. And then the sanitary sewer, it’s a stub. A public sewer stub that would connect to an existing manhole just to the north of the property line and the new homes would tie into that so pretty straight forward from a utility perspective. Kate Aanenson: Okay. And then finally tree removal. The quantitative stuff is in the staff report but it’s like 55 percent being saved. I think so there’s this, what was thought to be a wetland area down here and then the improvement for the underground containment system took out some, quite a bit of trees there too so the 55 percent is the minimum they can remove and that is where they’re at. I also want to point out one of the questions that was brought up at the Planning Commission was whether or not this lot could be split again in the future so if that was to be split it would have to come from the north in order to make that work so that would be, this property here would have to work with this property owner here to provide that but that would be a whole separate application. A whole another subdivision. They’d have to demonstrate they would meet all the criteria of the zoning district. Sewer and water and those kind of things but that question was asked and I just want to point that out, that would have to be a separate application in the future. So again the Planning Commission did hold a public hearing and reviewed the development. The 6 to 1 vote. Again the concern was the amount of tree removal on the property and then again talked about that westerly, I wanted to show that a little bit more in a picture whether or not it was technically feasible and again that’s the steeper part of that lot so they’d have to demonstrate that they could make that lot work so they’d have to accommodate everything that would be part of a future subdivision. Also with this with the 2 lots, there’s a condition in the staff report that they again would be obligated for their park and trail fees and that would go towards the improvements in that area. So with that the Planning Commission 6-1 did recommend approval so the staff is forwarding that onto you and recommending approval. Again this is a preliminary and final plat and then approval of the construction plans and so with that I’d be happy to answer any questions you may have. Mayor Ryan: Great, thank you Ms. Aanenson. I know the applicant’s here. Kate Aanenson: Yes. Mayor Ryan: I mean why don’t you, if you want to come forward. If you have anything to add feel free and then if questions arise from council we can ask them at that time. So just your name and address for the record please. Chanhassen City Council – November 9, 2020 12 Luis Berrospid: Hello my name is Luis Berrospid. I’m at 7406 Frontier Trail. I’ve been working on this project for over a year and a half. Thank you for the great presentation. I think you guys did a good job presenting it and the only thing I have to add I guess is that I think I’m also improving the property value of the houses around it and I’m also improving how the water goes inbetween I guess my property and the neighboring property. I’m trying to take some of that relief I guess of the water into my driveway and going into a system and so I think that will also help the neighbor next to me trying to relieve some of the water that comes into his property too so beyond that I’m here for any type of questions you guys have and thank you. Mayor Ryan: Thank you. Appreciate it. Thank you. We’ll begin with questions for either the applicant or staff. Councilwoman Coleman, any questions at this time? Councilwoman Coleman: No questions at this time, thank you. Mayor Ryan: Councilwoman Tjornhom? Councilwoman Tjornhom: No questions at this time. Mayor Ryan: Alright. Councilman Campion? Councilman Campion: None at this time. Mayor Ryan: Councilman McDonald? Councilman McDonald: Well I have to ask the applicant. You mentioned that you’ve been working on this for a year and a half. Do you intend to be the general contractor or have you got somebody else that’s going to do all the construction and things like that? Luis Berrospid: I am not the construction company. I will probably develop what is called a…and then I will have a builder property buy the lots. I do work for a construction company and what we do is excavation so I’m pretty family with the grading and utility work. So I intend to do that with my own company. I guess with the company I work with because that’s what we do. We work for Mortenson, Ryan Company, McGough and we do all the excavation and grading and utility work for them so I might do that on my own. I’m not sure yet but they houses I am pretty sure I will sell that and have somebody else build the houses. Councilman McDonald: Well the other thing that’s intriguing about this development is you’re going to do a water retention system and an underground water retention system. There’s been a couple of those I think done within the city and they seem to work okay but do you have experience doing that type of work or is that something that you company does? Chanhassen City Council – November 9, 2020 13 Luis Berrospid: No I do, yes I mean the company has been operating for 35 years but nowadays everybody has underground systems for anything now. I mean if you see, if you go to any parking lot you won’t see them but they are below that. We probably do about 40 to 50 a year. Councilman McDonald: Okay. Luis Berrospid: So I am pretty familiar with it if we do with the company I work for. Councilman McDonald: Okay well that’s also an improvement to the land and if you’re able to capture the water and retain it for a while. I have no further questions Your Honor. Mayor Ryan: Thank you Councilman. I have just a few questions that came up. Thank you sir. I went out and looked at the land because I was having a hard time picturing it on the map and you know just because was such a strange compared to the neighboring lots you know just how the length of the, the size or shape I guess was a little peculiar for that neighborhood so I was just curious. I know you answered some of the questions of the private street. So by putting in the private street that is to lessen hard cover surface? Kate Aanenson: Exactly, yes. It lessens the hard, so what would you achieve by putting in that way for the 3 lots is you’d be increasing the hard cover. The City would maintain it at that point and then in addition there’d be more tree losses so. Mayor Ryan: Because would the, if you just did, you couldn’t just do additional driveways off of Frontier? Kate Aanenson: No. Mayor Ryan: They’d also have to come off that driveway? Kate Aanenson: The City Engineer prefers one location so that’s also for safety reasons so we have one point of visual contact and less turning movements especially when they’re coming around that corner as you may be aware. There’s sometimes speeding on that street so there’s better sight line, yeah. Mayor Ryan: Okay. Which I’ll get to that. I know there was a lot of, well I’m there so obviously there was a lot of concern about construction traffic. I mean it is a very narrow part of Frontier and with that sharp curve, how are we going to manage that? I mean that just seems to be a challenge in that area. Kate Aanenson: So, I’ll address from the building side. That’s something that we inform the builders themselves. There are homes being constructed across the street. A lot was recently split there too so as the inspectors go out those are things that they try to manage too. I know the street department does too. Chanhassen City Council – November 9, 2020 14 Charlie Howley: Well and there’s a development agreement as part of this approval which sets expectations and construction meetings and going over and talking at length with the applicant about things to be cautious of and I mean they have to do the work. Mayor Ryan: Right. Charlie Howley: That goes without saying so just make sure you proceed and do it safely and use traffic control as needed and follow the hours of operation that are in city code and things along these lines and erosion and sediment control, all these things that come with every construction project so. Mayor Ryan: Okay. Charlie Howley: So yeah a heighten level of traffic control because of the location on the curve certainly. Mayor Ryan: Okay. And then we, Councilman McDonald talked a little bit about the private water system in catching storm water and I know, I think it was Commissioner McGonagill that asked in the commission meeting about the time line of when we go out and inspect to make sure. Is it one year? Is it two year to make sure that they are operating correctly and being maintained? Charlie Howley: The template for the owner agreement, operations and maintenance agreement has one year required inspections. They have to submit a report if you will to, in this case our Water Resources Coordinator Matt. Mayor Ryan: Okay. Charlie Howley: And the nice thing about this new BS&A system we’re going to get, we’re going to get it loaded because it’s going to be put in there and it’s not going to get overlooked or forgotten about on some spreadsheet so I’m really looking forward to that automatic alerts but yeah they’ll be required to submit a report and a system like that, if everything is kind of stabilized upstream and they’ve got that sump structure upstream of it they’ll have to look at it every year but they won’t have to clean it out for many, many, many years for the most part. Mayor Ryan: Okay. And so when, and I don’t know if it was you or Matt, I guess it doesn’t matter who went out and looked. I know some of the neighbors concern was the water runoff and you can’t really get the sense of the grade change. You know it’s like 50 feet grade change I think you know from where the current house is down to where these two new homes are going to be built. And then you have now a bigger driveway and so I just think of the hard cover and the water and we get so many concerns from water spilling over Frontier and the drainage into Lotus Lake and the impact to the water clarity on Lotus Lake and so I guess, I mean it’s multiple Chanhassen City Council – November 9, 2020 15 questions in one just kind of triple checking to make sure that the way that it’s going to be graded and set up is going to do it’s job effectively because it’s not just the neighbors to the north and south but it’s also the impact to Lotus Lake and some of those neighbors so I just, I know you answered this or Mr. Bender answered this or I guess it was Mr. Unmacht who answered it in the commission meeting. Just to reiterate that it’s going to do it’s job with this grading because that’s always the danger especially to the neighbors with the water runoff. Charlie Howley: Absolutely and it’s a nicely designed system. The existing condition once the project comes in and if it gets built per design it’s going to be an improvement. It will because we’re actively managing the water where right now it’s not, right? And so this is an opportunity to help and that’s why we have these permits and why the watershed district is so keen on developments is for that very reason that you just explained so this is a good thing for the water quality and storm water management. Mayor Ryan: Perfect. Well thank you for the clarity and then I’m getting to the end of my questions here. I noticed you know in terms of the cutting of the trees, obviously that’s always a sensitive issue with neighbors. Understanding that with development trees get cut down. I did notice that there some trees already cut down so how does that then impact, recent I mean it was fairly recent. How does that impact the overall number of trees? Do we go back out there to evaluate or, okay. Kate Aanenson: So just like any other project there’ll be a preconstruction meeting and the City Forester is still going to go out and make sure everything is properly staked. Those preservation areas and then engineering will also make the erosion control is up. Mayor Ryan: Okay, and I think most of those were up by your house. If you want to come forward and answer. I just noticed some big trees down. Luis Berrospid: Yeah, since I bought the house I’ve been piling up I guess a lot of dead trees and branches that sometimes a storm comes and they just come down so I’m pulling it all the way down to the lower area because you know I was thinking I was going to develop so whoever constructs, he was going to go and take it away so I’ve been just piling it up there. And then I did remove some trees, actually in my back yard and that has nothing to do with the developer. It has something to do with my wife wanted more back yard and more kids. Mayor Ryan: I was thinking more on the, the more easterly side of the property. I wasn’t in our back yard. Luis Berrospid: Yep, no. Yep the back yard was we just wanted more yard for the kids but for the developing side it’s just me just piling up dead branches and things like that that over the two years. Just leaving it down there because I was thinking in my head okay someday somebody would come and remove everything out and clear it out. Chanhassen City Council – November 9, 2020 16 Mayor Ryan: Understood, thank you. And just to the one with the next to where the new road is going to be, those all stay the same so that would be on the north side of the driveway. Kate Aanenson: Yeah if we could just maybe put that illustration up really quick. So where he may have removed some trees, those aren’t included in the calculations so this is the area that I think that you were saying so this is where the road’s coming up. The private drive. Mayor Ryan: Right. Okay. Kate Aanenson: So again I think the City Forester is really good at walking these sites and seeing if there’s areas that we can preserve additional trees. I think she’s done that on pretty much every project and maybe tweaked a few things that we can, if there’s significant trees that should be saved. Mayor Ryan: Okay. And then the last question that I have, thank you again. I appreciate it. Is that there was some concern and I don’t know if I saw it in this about the turn around for a fire truck. There was a concern about a turn around for a fire apparatus and no one had seen that yet so I didn’t know if we had seen it or approved, or the Chief had approved it. Could you answer that, that would be great please. Luis Berrospid: Yes. It was brought up on, actually it was a fixed, before the Planning Commission but it didn’t get to the meeting but it was fixed on the plans so the plans that you guys have actually show the turn around that actually meets the requirements from the fire truck, yep. Mayor Ryan: Okay perfect. I just wanted clarification, I know there was some question around whether or not a fire truck could get into that. Kate Aanenson: They do have construction plans. They’re not part of this slide but so it would be rectified on the construction plans. Mayor Ryan: Okay. I guess there was one more. I didn’t see the construction agreement in here. Kate Aanenson: It’s in the motion to approve it and it was on the beginning… Mayor Ryan: And my only question is, I’m going back to this again because it caused some consternation with the Lennar thing is the working on a Saturday. I’m still hearing about that and I just think we should address it now as council. This is a tight area for working and I’d rather establish whether or not we believe that working grading and cutting trees and work on a Saturday is appropriate in this area so before they get to construction meetings and we approve this I’d rather have council address it now if we want to allow. It is a tight residential area and I again have concerns about working on a Saturday because I’m still getting calls with the other Chanhassen City Council – November 9, 2020 17 projects so I would open, or I would take feedback on that before we move forward with any final construction agreements. Development contract I think is usually where it’s in is in the development contract correct? Charlie Howley: Yep, Madam Mayor may I ask a question? Mayor Ryan: Sure. Charlie Howley: Maybe we can ask the applicant what his schedule is for doing the grading and utilities and maybe it’s not a non-issue or is he trying to get it started tomorrow and he needs every working hour. I really have no idea. It might be worth the question. Luis Berrospid: The company I work with we don’t work Saturday or Sundays. It’s an exception when the GC want to work us you know but yeah I’m not planning on working on Saturdays and Sundays. I’m not planning on paying overtime for Saturdays and Sundays so that’s not my plan. Mayor Ryan: Okay perfect, thank you for the clarification. Alright I think most of the, those are my questions so thank you for answering them. Council is there any further questions of staff or the applicant who’s been so great with answering a lot of the questions so thank you or a motion? Councilman McDonald: I’ll make the motion. Mayor Ryan: Councilman McDonald. Councilman McDonald: I would recommend that the Chanhassen City Council approves the preliminary and final plat for a 3 lot subdivision with a variance for the use of a flag lot and private street subject to the conditions of the staff report. That the development contract for Berrospid Addition and the construction plans for the development and adopts the Planning Commission Findings of Fact. Mayor Ryan: We have a valid motion. Do we have a second? Councilman Campion: Second. Mayor Ryan: Okay we have a valid motion from Councilman McDonald, second by Councilman Campion. I will now take a roll call vote. Please say aye or nay. Councilman McDonald moved, Councilman Campion seconded that the Chanhassen City Council approves: 1. The preliminary and final plat for a 3 lot subdivision with a variance for the use of a flag lot and private street subject to the following conditions: Chanhassen City Council – November 9, 2020 18 2. Development Contract for Berrospid Addition, and 3. The construction plans for the development. And adopts the Planning Commission Findings of Fact: Building 1. A building permit must be obtain prior to beginning work at the property. Engineering 1. All driveways shall have direct access only to the proposed private street. 2. Calculations supporting the 7-ton private street design shall be submitted by a professional engineer for review and approval prior to grading operations. 3. The applicant shall submit updated designs for the private street utilizing either a crowned street or a uniform and continuous cross-sloped street to adequately direct stormwater to the proposed stormwater conveyance system prior to grading operations. 4. The final plat shall be updated prior to recording to include public drainage and utility easements as follows: a 10’ wide D&U on the west property line of Lot 2 and 10’ wide D&Us centered over all newly proposed public utilities including stormwater, sanitary sewer, and water mains. 5. An updated existing condition survey shall be submitted prior to grading operations that includes all existing utilities within and surrounding the property. 6. An encroachment agreement for all existing structures within public drainage and utility easements shall be filed concurrently with the recording of the final plat. 7. Updated grading plans shall be submitted that illustrate drainage arrows and adequate grading to drain stormwater away from structures, specifically the proposed home on Lot 1, prior to grading operations. 8. Updated utility plans shall be submitted illustrating draintile locations for Lot 1. 9. Updated grading plans shall illustrate the location, width, and grades of the driveway to Lot 1. 10. The applicant shall conduct a soil boring near the proposed structure on Lot 1 to ensure groundwater elevations are a minimum of 3 feet below the lowest floor elevation. 11. An erosion and sediment control plan, a stand-alone document (separate sheet), in accordance with CCO Sec. 19-145 shall be included with updated plan submittals prior to grading operations. 12. All newly installed sanitary sewer, water, and stormwater mains and appurtenances shall be publicly owned and maintained by the city after acceptance of the public improvements by the City Council. 13. Construction plans shall be updated to show the 25’ D&U located on 7404 Frontier Trail, the means of how utility work in the D&U will not encroach onto private property, and a note prescribing restoration methods of the disturbed areas within the D&U. Chanhassen City Council – November 9, 2020 19 14. All applicable permits required by Riley Purgatory Bluff Creek Watershed District shall be obtained and adhered to. CONSTRUCTION PLANS 1. On sheet 1.0, Title Sheet: show hydrant symbol at end of leader for benchmark call-outs; update contact information for City Engineer to “Jason Wedel”. 2. On sheet 2.0, Grading Plan: all references to “shared driveway” or “driveway”, as it pertains to the private street, shall be updated to read “private street”; show tree protection methodology on plans; show stockpile locations, including required topsoil; reference detail plate #5202A for street patching where Frontier Trail and private street meet; update the symbol for “proposed silt fence” as it closely resembles “existing retaining wall”, for clarity; on the private street profile section call-out 10% grade as “maximum”. 3. On sheet 3.0, Utility Plan: provide profile views for all public utilities; call-out detail plate #2204 for insulated pipe section; relocate sanitary MH-2 within the private drive hard surface area; relocate curb box for Lot 2 to be and within the drainage and utility easement over the water main; update material type for public water main to be C900; call-out for “ex. curb stop damaged” shall add note to remove and abandon service and lateral; call-out for FES-1 should note that no guard shall be installed; all sanitary service sewer laterals shall be updated to be 6”; extents of removal of existing services shall be illustrated to go from where the new sanitary service and water service are being connected to Lot 2 down to the curb stop for Lot 1’s water service and the property line for Lot 1’s sewer service; use a darkened line type for proposed storm sewer within the “Legend”; add a note regarding coordination with Public Works 48-hours prior to any work on public utilities; add a note that the governing specifications for utility work shall be the City Standard Specifications and Detail Plates. 4. On sheet 4.1, Construction Details; remove detail plate #3101 and replace with detail plate #3102; add a note to detail plate #3108 that no trash guard shall be installed on FES-1 (outlet). 5. On sheet 4.2, Construction Details; Add detail for tree protection, street patching detail plate #5202A, and pipe crossing insulation detail plate #2204. Fire 1. Private road will need to follow City of Chanhassen Code for Private Roads – including a turnaround for emergency vehicles. Parks 1. Full park fees in lieu of additional parkland dedication and/or trail construction shall be collected at the rate in force upon final plat submission and approval. Planning 1. The front lot line for Lot 1 shall be the northerly property line. Chanhassen City Council – November 9, 2020 20 2. The front setback for Lot 1 shall be from the point at which the lot measures 100 feet. 3. An access and maintenance agreement for the private street shall be recorded with the plat. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Ryan: That motion carries 5-0. Thank you very much. Thank you for being here tonight. Thank you Ms. Aanenson and Mr. Howley. COUNCIL PRESENTATIONS. Mayor Ryan: Council do we have any council presentations tonight? Councilwoman Coleman or Tjornhom any council presentations? Councilwoman Coleman: Nothing from me. Councilwoman Tjornhom: Nothing from me. Mayor Ryan: Councilman McDonald? Councilman McDonald: Nope. Mayor Ryan: Councilman Campion? I don’t have a presentation but Wednesday is Veterans Day and so I would like to thank all of our residents, or all veterans. How much we value and appreciate your service to our country. I’d like to extend particularly thank you for your service to Councilman McDonald who is a proud veteran so thank you for your service. We have tomorrow we’re serving breakfast at the Rec Center for seniors correct from 9:00 to 11:30? 9:00 to 10:30? Heather Johnston: Is that tomorrow or Wednesday? Mayor Ryan: Tomorrow, yes. That’s fantastic. Yes on Tuesday. I will be there so I look forward to seeing those who can stop by and attend. I look forward to seeing you there. ADMINISTRATIVE PRESENTATIONS. Mayor Ryan: Anything in terms of administrative presentations? Heather Johnston: No Madam Mayor. CORRESPONDENCE DISCUSSION. None. Chanhassen City Council – November 9, 2020 21 Councilman McDonald moved, Councilman Campion 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 8:00 p.m. Submitted by Heather Johnston Interim City Manager Prepared by Nann Opheim