CC Minutes 08-09-2010Chanhassen City Council - August 9, 2010
Resolution #2010-68:
b. Medical Arts Parking Rehab Project 10-05: Call Public Hearing
for Assessments.
c. Approve Code Amendment to Section 4-30(5), Sewer and Water Fees.
Resolution #2010-69:
d. Red Cedar Point Project 10-01B: Accept Plans and
Specifications; Authorize Ad for Bid.
f. Approve Amendment #1 to Water Tower Antennae Agreement for the Purposes of
Installing a ClearWire WiMax Antennae on the Downtown Water Tower; Nextel West
Corporation.
g. Table Severe Weather Policy Governing City of Chanhassen Owned and/or Operated
Outdoor Recreational Facilities.
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
VISITOR PRESENTATIONS:
None.
PUBLIC HEARING: THE ARBORS, CONSIDER VACATION OF TRAIL EASEMENT.
Todd Hoffman: Thank you Mayor and members of the City Council. The Arbors is a plat as
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you know that is west of the church on West 78 Street down near Dogwood Road. The
original, there was a lot split on the lake. That lot split was divided. The City requested a trail
easement along Dogwood Road which is now Dogwood Road. The property owner did not want
to grant that trail easement at that time. This is some years ago. Probably close to 20 years ago.
So there was a trail easement that was taken around the exterior of the property at that time and
continue down this side. Now that Dogwood Road has been constructed and there’s a sidewalk
along that public street, there’s no longer any need for this trail easement and it just really mixes
up the titles on these properties and so it’s been the property owner’s request to remove that and
we agree with that. Staff agrees with that.
Mayor Furlong: Questions for staff. Mr. Hoffman, the question, the Dogwood Road right now
there is a, did you say there is a trail or?
Todd Hoffman: There’s a sidewalk on the other side.
Mayor Furlong: A sidewalk on the north side of Dogwood?
Todd Hoffman: East side.
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Mayor Furlong: Okay. And then is there a sidewalk as well on the West 78 street there?
Todd Hoffman: I believe there is, yes.
Mayor Furlong: There is? Okay.
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Chanhassen City Council - August 9, 2010
Todd Hoffman: The trail ends back farther to the east and then it continues as a sidewalk.
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Mayor Furlong: So then somebody using the sidewalk could stay on West 78 and then stay on
Dogwood…
Todd Hoffman: Correct.
Mayor Furlong: Alright. Thank you. Any other questions for staff? Mr. McDonald.
Councilman McDonald: I’ve got a question. Was the trail ever developed or is it just an
easement or is there anything else we have to do as part of the vacation?
Todd Hoffman: No. The trail was never developed. It’s actually, it’s only a 10 foot wide.
Normally we get 20. We would never develop a trail, it’s not very common in a 10 foot
easement so there’s no improvements within that easement.
Councilman McDonald: Okay. That’s all I have.
Mayor Furlong: Thank you. If there are no other questions for staff I’ll open up the public
hearing and invite any interested party to come forward and address the council on this matter.
Please. If you could state your name and address for the record.
Jason Wedel: Good evening Mayor, members of the council. My name is Jason Wedel and I’m
with Pulte Homes, the applicant for tonight. Really don’t have anything to add other than it’s
really, the vacation of the easement came up when we did our title search and it was really just to
clean up the property records so that as we begin to sell homes out here, people would
understand you know what easements are necessary on the property and the trail easement could
have potentially caused some confusion if they thought a trail might be coming or in the future or
not and it would impacts on our home buyers so we wanted to clear that up.
Mayor Furlong: Okay. Very good. Any questions for the applicant? Okay, thank you.
Jason Wedel: Thank you.
Mayor Furlong: Appreciate you being here. Anyone else that would like to speak on this
matter? If not then without objection we’ll close the public hearing and bring it back to council
for discussion and action. Is there any discussion? If not, would somebody like to make a
motion? Councilwoman Ernst.
Councilwoman Ernst: I make a motion that we approve the resolution vacating the trail
easement within the Arbors plat.
Mayor Furlong: Thank you. Is there a second?
Councilwoman Tjornhom: Second.
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Chanhassen City Council - August 9, 2010
Mayor Furlong: Made and seconded. Any discussion on the motion?
Resolution #2010-70: Councilwoman Ernst moved, Councilwoman Tjornhom seconded to
approve the resolution vacating the trail easement within The Arbors plat. All voted in
favor and the motion carried unanimously with a vote of 4 to 0.
PUBLIC HEARING: FOX HILL, CONSIDER VACATION OF DRAINAGE AND
UTILITY EASEMENTS.
Paul Oehme: Thank you Mayor, City Council members. The applicant for this development has
requested the lot line within the Fox Hill plat be relocated and subsequently drainage utility
easements along the side yards also will need to be adjusted for that request. The development,
Fox Hill is located just off of 101 in the northeast corner of the city. It’s a 3 lot development just
south of Fox Hollow Drive. The easements in question are shown here in yellow are currently
proposed easements to be vacated along both along the property lines of Lots 2 and 3 and the
proposed easements to be dedicated are shown in the green here and the red lines here are
showing the new property line. The new drainage and utilities will be dedicated in conjunction
with this vacation if it moves forward. Gopher State One has also been called out to locate any
potential existing utilities along these property lines or what’s in these easements and none have
been located so staff is in support of vacating the easements at this time in conjunction with
dedication of drainage and utility easements along the future property lines so with that if council
has any questions I’d request that a public hearing be open at this time.
Mayor Furlong: Okay, thank you. Questions for staff? Just one point of clarification with
regard to the picture up here on the screen. The dashed lines, is the inside of that, is that where
we consider the buildable area of the lot?
Paul Oehme: Yes.
Kate Aanenson: That’s correct.
Mayor Furlong: Do they represent other easement or setback requirements?
Paul Oehme: What’s just shown here is the easements along the exterior of the property lines
and there’s also a drainage utility easement down here and likewise for the entrance drive there is
also.
Kate Aanenson: Yeah, that’s a private street. That’s why it looks a little different.
Mayor Furlong: Alright. Thank you. Very good. Any other questions for staff? Councilman
McDonald.
Councilman McDonald: I was just going to ask did they redraw the lot lines or something? Why
are we so far off on it?
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