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CC Minutes 11-13-2012 CHANHASSEN CITY COUNCIL REGULAR MEETING NOVEMBER 13, 2012 Mayor Furlong called the meeting to order at 7:00 p.m. The meeting was opened with the Pledge to the Flag which was led by Will Carlson from Boy Scout Troop 409. COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilman McDonald, Councilwoman Ernst, and Councilman Laufenburger COUNCIL MEMBERS ABSENT: Councilwoman Tjornhom STAFF PRESENT: Todd Gerhardt, Laurie Hokkanen, Paul Oehme, Kate Aanenson, Todd Hoffman, and Roger Knutson Mayor Furlong: Thank you Will. I think they're here for their communications merit badge, is that correct? Will Carlson: Yes. Mayor Furlong: Great, thank you. Boy Scout Troop 409 out of Excelsior so welcome. And welcome to everybody else here in the council chambers as well as those watching at home. We're glad that you joined us this evening. We ask at this time of members of the council if there are any changes or modifications to the agenda. If not, without objection we'll proceed with the agenda as published. PUBLIC ANNOUNCEMENTS: Mayor Furlong: I'd like to start with a public announcement this evening. The announcement was intended to invite people to ChanJam 2012 this coming November 16 but unfortunately it's been cancelled so for those that were planning to attend we apologize but due to insufficient number of bands registering for the competition, this year's event will be cancelled so city staff was committed to working with local high schools to try to recruit additional bands for next year. If you do have a band with some of your friends and you'd like to participate in the ChanJam, please contact our Park and Rec's department, Mitch Johnson and he'd be happy to give you more information about this. CONSENT AGENDA: Councilman McDonald moved, Councilwoman Ernst seconded to approve the following consent agenda items pursuant to the City Manager's recommendations: a. Receive Commission Minutes: - Planning Commission Verbatim and Summary Minutes dated October 16, 2012 b. Approve Letter of Support for Shared Services Grant Application to State Fire Marshal's Office. c. Approval of Consent to Assignment of Interest in Limited Revenue Tax Increment Note as Related to TIF #5, North Bay/Rottlund Homes. d. Highway 101, Lyman Boulevard to Pioneer Trail: 1) Resolution #2012 -61: Approve Resolution for Advancement of MSAS Funds. 2) Resolution #2012 -62: Approve No Parking Resolution. 3) Bandimere Park: Approve Quit Claim Deed for TH 101 Right -of -Way. Chanhassen City Council — November 13, 2012 e. Approval of Findings of Fact, Appeal of Administrative Decision, Naomi Carlson. All voted in favor and the motion carried unanimously with a vote of 4 to 0. VISITOR PRESENTATIONS: None. WYNSONG; LOCATED AT 7042 GALPIN BOULEVARD, LOT 1, BLOCK 1, SONG ADDITION; APPLICANT: STEVE KROISS, GALPIN BOULEVARD PARTNERS, LLC; OWNER: CHARLES SONG: A. CONSIDER APPROVAL OF PRELIMINARY PLAT TO SUBDIVIDE 9.37 ACRES INTO 4 LOTS WITH A VARIANCE FOR A PRIVATE STREET. B. PUBLIC HEARING TO CONSIDER APPROVAL OF VACATION OF DRAINAGE AND UTILITY EASEMENTS. Mayor Furlong: There will be a public hearing, is that correct Ms. Aanenson with regard to the drainage and utility easement? Kate Aanenson: Yes there will. Mayor Furlong: Okay. Public hearing did take place for the preliminary plat at the Planning Commission if I recall correctly. Kate Aanenson: That's correct. Mayor Furlong: So we will have a public hearing with regard to the utility easements, drainage easements in due course. Let's start with the staff report please and that will be followed by the applicant and questions from council. Kate Aanenson: Thank you Mayor, members of the City Council. As you indicated this item did appear before the Planning Commission at their October 16 meeting. The Planning Commission did hold a public hearing and voted 5 to 0 to recommend approval of the plat with the vacation. And then the additional item, as you indicated on this would be vacation of drainage and utility easement. The subject site is located on Galpin Boulevard. The Song property. Again this is the site itself. There's an existing one home that access via Galpin Boulevard. One large lot. This property was actually part of the, was the original property that included the Big Woods and that property was subdivided back in '93 -'94 so this is the large estate that was left as a remnant piece that is now coming before you for subdivision. The proposal includes 4 large estate lots so the 9 acres, just short of 9 1/2 acres be platted into 4 lots so 3 new lots which the existing homestead. The city ordinance does allow for a private street if it can be demonstrated that it's used to be preserve natural features. In your staff report a private street criteria was reviewed in there. In looking at the prevailing development pattern does it make sense. Again there's 4 large lots. Significant amount of natural features including wetlands, trees, some slopes so looking at that we believe that the use of a private street would enhance the natural features in the area so with that we do believe it meets the criteria for the variance and are recommending approval of that. As did the Planning Commission. There's a significant amount of trees on this property so on this slide we're showing the homes. We do request that these, because they are being custom graded so as those projects come in they will show which trees will be removed but we do require that they show at least a pad of 60 by 60 to give some indication of where those trees will be removed. In your packet from the staff in your report we did include the neighbors to the south located in this area here that did have some concerns regarding tree loss 2