CC Minutes 12-10-2012Chanhassen City Council – December 10, 2012
Resolution #2012-66:
b. 2013 Street Rehabilitation Project No. 13-01: Accept Feasibility Report,
Call for Public Hearing.
Resolution #2012-67:
c. Approve No Parking Resolution for Lyman Boulevard between Audubon
Road and Powers Boulevard.
d. Approve Contract with the Carver County Sheriff’s Office for Police Services.
Resolution #2012-68:
e. Approve Resolution Accepting Donation from Mount Olivet Rolling
Acres in Lieu of Taxes.
Resolution #2012-69:
f. Comprehensive Plan Amendment/City Code Amendment: Approve
Amendment to the Transportation Element of the Comprehensive Plan Regarding Functional
Classifications; and Amendment to Chapter 20, Zoning, Section 20-5, Identification of Arterial
and Collector Streets.
Resolution #2012-70:
g. Resolution Designating Northland Securities as One of the City’s
Investment Providers.
h. Approve Temporary On-Sale Liquor License, January 1, 2013, St. Hubert Catholic Community,
8201 Main Street.
Resolution #2012-71:
i. Approve Resolution Accepting Donation from Community Bank for the
Senior Center Holiday Party.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
VISITOR PRESENTATIONS:
None.
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PUBLIC HEARING: MEYER ADDITION, 1611 WEST 63 STREET, APPLICANT: JAY
MEYER:
A. CONSIDER APPROVAL OF METES & BOUNDS SUBDIVISION.
B. CONSIDER VACATION OF DRAINAGE AND UTILITY EASEMENT.
Kate Aanenson: Thank you Mayor, members of the City Council. As you indicated this is a subdivision
for metes and bounds. As per City Code the City Council may approve a metes and bounds subdivision
of a lot into two lots inside the urban service area. Both lots meet the minimum requirements as provided
in City Code, Section 18-37 as this does so again the request for the metes and bounds is to create two
lots. And also as a part of this, so the public hearing is for the metes and bounds and also for a vacation
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of a utility and drainage easement. Subject location is off of 63 Street and Yosemite in this corner. A
little bit more detail than on the other slide. One of the conditions of approval is the lot survey that you
have doesn’t show this back lot and it could be misconstrued that it may be subdivided or not part of this
plat so one of the conditions of approval would be to show the entirety of that. I’m showing it to you now
for illustrative purposes because it’s not on the survey but that would be reflected in one of the conditions.
So the subdivision then would create two parcels A and B. Both of those parcels do meet the minimum
requirements of the subdivision lot. The Parcel A is approximately 43,687 and Parcel B is 18,000. There
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is a large retaining wall here on West 63 and so access to the lot being proposed would be off of
Yosemite. Again for infrastructure then access via Yosemite. There is water and sewer available to the
site. There are hook up fees required that are as part of the staff report. And then grading is limited to
that area required for building of the house and then stormwater piping is also under Yosemite. So again
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Chanhassen City Council – December 10, 2012
as a part of this there is vacation of easements and then placement of new easements so I’ll turn it over to
the City Engineer to do that portion.
Paul Oehme: Thanks Ms. Aanenson, Mayor Furlong, City Council members. First exhibit here shows
the area that’s proposed to be vacated for the drainage and utility easement. This easement was originally
dedicated when the area was originally divided. The second exhibit here shows the location of the
proposed drainage and utility easements that are requested for the subdivision. The staff has reviewed the
application and finds that the vacation of the current drainage and utility easement is acceptable and with
the subdivision we request that the drainage and utility easements be dedicated at that time.
Kate Aanenson: I was just going to remind you again that there’s that condition regarding the extra,
revised survey showing the continuous of the larger lot. The 43,000. That wasn’t completely shown on
that Parcel A so that would be a condition so with that change we do have other conditions outlined in the
staff report including the hook-up fees, park dedication or park fee required and the like so with that we
are recommending that the City Council approve the metes and bounds subdivision, but again before you
make any motion that you also open the public hearing and take any comment. I’d be happy to answer
any questions.
Mayor Furlong: Thank you. Questions for Ms. Aanenson.
Councilman Laufenburger: Mr. Mayor.
Mayor Furlong: Mr. Laufenburger.
Councilman Laufenburger: Kate, did you, you made public notice of this suggested change, is that
correct?
Kate Aanenson: That’s correct.
Councilman Laufenburger: Did you get any feedback from any of the surrounding neighbors.
Kate Aanenson: I know there’s a neighbor in the area that’s here tonight.
Councilman Laufenburger: Okay. I’ll reserve then. Okay, thanks Kate.
Mayor Furlong: So that, Ms. Aanenson, the change that you’re mentioning, I’m looking at the staff
report, is that Lot 4, is that an existing lot of record? The southern portion of that.
Kate Aanenson: Yeah. So if you were to look at, this is the southern portion.
Mayor Furlong: The highlighted area there, correct.
Kate Aanenson: Yeah.
Mayor Furlong: Is that currently an existing lot of record or?
Kate Aanenson: Yes. This is all one lot.
Mayor Furlong: The entirety is?
Kate Aanenson: Yes.
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Chanhassen City Council – December 10, 2012
Mayor Furlong: Okay.
Kate Aanenson: So the metes and bounds would then just be splitting off this portion right here so it
meets all the conditions of abutting a public street, access, so then the issue then is, it looks like this is
part of the lot so it looks like there’s a remnant piece so it looks like you’re creating an additional lot and
that’s not the intent and so we want to make sure that that revised plat come in as a part of the approval
process.
Mayor Furlong: Alright. Thank you. Any other questions for staff? If not we will open up a public
hearing on this matter and invite all interested parties to come forward and address the council. This
would be for both items, both the metes and bounds and for the vacation of the drainage and utility
easement. Alright seeing nobody, without objection we’ll close the public hearing and bring it back to
council for comment and action. Thoughts and comments. Seems very reasonable and I appreciate
staff’s efforts and the applicant’s efforts to work together. Is the condition that you’re asking for Ms.
Aanenson, is that, that’s not in our staff report, is that correct?
Kate Aanenson: It is in there.
Mayor Furlong: It is in there? For the additional condition.
Kate Aanenson: It’s under Planning conditions. Page 6 of your staff report. It says the legal description
for Parcel A should be revised to include the entire Lot 4 Block.
Mayor Furlong: Alright, thank you. Hearing no other comments would somebody like to make a
motion?
Councilwoman Ernst: Sure.
Mayor Furlong: Sure Councilwoman Ernst.
Councilwoman Ernst: I make a motion that we approve the resolution for the metes and bounds
subdivision creating two lots plus a vacation of a drainage and utility easement and adopts the Findings of
Fact and Decision.
Mayor Furlong: Is there a second?
Councilman Laufenburger: Second.
Mayor Furlong: Motion’s been made and seconded. Any discussion on the motion?
Resolution 2012-72: Councilwoman Ernst moved, Councilman Laufenburger seconded that the
approve the subdivision creating two lots subject to the following conditions
City Council
and adoption of the attached Findings of Fact and Decision.
Building:
1. A final grading plan and soils report must be submitted to the Inspections Division before
building permits can be issued.
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Chanhassen City Council – December 10, 2012
2. Retaining walls over four feet high require a permit and must be designed by a professional
engineer.
3. Each lot must be provided with separate sewer and water services.
Engineering:
1.If the retaining wall exceeds four feet in height, it must be designed by an engineer and a
building permit for the wall will be required.
2.The $10,173.00 cash fee must be paid before the deeds are recorded.
3.If the final subdivision submittals are received after 2012, the cash fee shall be recalculated
based on the rates in effect at that time.
4.The remaining 70% of the sanitary sewer and water hookup fees must be paid with the
building permit at the rate in effect at that time.
Environmental Resource Specialist:
1.Prior to grading, tree preservation fencing must be installed at the tree driplines on Parcel B.
If the trees are removed or damaged during construction, replacement will be required at a
rate of 2:1 diameter inches.
2.Building permit survey for each lot shall be required to show all trees and their removal or
preservation status. Tree removal for each lot shall be approved by the city.
3.Parcel B will be required to plant two trees.
Parks:
1.Parks fees of $5,800.00 shall be paid for each new single-family lot prior to the recording of
the property deed.
Planning:
1.The legal description for Parcel A shall be revised to include Lot 4, Block 1, Stoddart
Addition.
2.Deeds shall submitted to the city for review and recorded at Carver County for the two
parcels.
Water Resource Coordinator:
1. Total surface water management fees due prior to recording the property deed are $1,914.55.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
Resolution #2012-73: Councilwoman Ernst moved, Councilman Laufenburger seconded that the
City Council adopt a resolution to vacate a portion of the drainage and utility easements on Lot 1,
Block 1, Stoddart Addition, as shown on the attached survey prepared by Premier Land Surveying,
LLC, dated 11/05/2012 and subject to the dedication of additional drainage and utility easements as
shown on the "Proposed Drainage & Utility Easements" survey prepared by Premier Land
Surveying, LLC dated 10/29/2012, revised 11/19/2012.
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