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CC Minutes 01-12-2015Chanhassen City Council – January 12, 2015 Mayor Laufenburger: Okay. I’ll take that as a motion. Is there a second? Councilwoman Ryan: Second. Mayor Laufenburger: Thank you Ms. Ryan. We have a motion and a second. Any discussion on the motion? Councilwoman Tjornhom moved, Councilwoman Ryan seconded that the City Council appoint Councilman Jerry McDonald to the Fire Relief Association Board of Trustees. All voted in favor and the motion carried unanimously with a vote of 5 to 0. PUBLIC ANNOUNCEMENTS: None. CONSENT AGENDA: Councilman McDonald moved, Councilwoman Tjornhom seconded to approve the following consent agenda items pursuant to the City Manager’s recommendations: 1. Approve City Council Minutes dated December 8, 2014 2. Receive Park and Recreation Commission Minutes dated November 25, 2014 Resolution #2015-01: 3. Highway 101 (Pioneer Trail to CSAH 61) Project 14-08: Approve Joint Powers Agreement between the City and Carver County for Environmental Assessment and Preliminary Design. 4. Award of Bid, Two Fire Department Command Vehicles, Capital Improvement Project. 5. Deleted. Resolution #2015-02: 6. Approve Resolution Modifying Storm Water Fees for Chanhassen Retail Fourth Addition (Noodles Site). 7. Approval of Temporary On-Sale Liquor License, Chanhassen Rotary Club, February Festival, February 7, Lake Ann Park. All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS: None. NEW BUSINESS: CONSIDER AMENDMENT TO CONSERVATION EASEMENT; LOT 4, BLOCK 1, MINGER ADDITION; 2224 LUKEWOOD DRIVE; MICHAEL & MEGAN MEYER. Kate Aanenson: Thank you Mayor, members of the City Council. As you indicated this is consideration for the homeowners requesting release of a part of the conservation easement in order to construct a swimming pool on the subject property at 2224 Lukewood Drive. The 6 Chanhassen City Council – January 12, 2015 subject property located here in yellow is Lot 4, Block 1 of the Minger Addition. The conservation easement was put in place when this subdivision was created in 1994 and at that time it was just a straight 50 foot easement around the, pretty much a 50 foot. Some areas are 30, around the perimeter of the property and then through the backs of the lots of the subject site. The conservation predominantly was on the rear and at that time, as was the conservation easement was constructed, it said that no structures were permitted in that area and in addition tree removal and grading was also prohibited. The existing conditions on this, there is a swing set in this area. Again that was done without permit and this isn’t the original owner of when that went in. When this property was subdivided the original driveway going back to the existing home followed along this line. Back in this area here so the conservation easement currently has lawn and a play structure, a sandbox, a fire pit, an existing woods within it and that’s in this area here. If approved the play structure and sandbox and the like would be removed and the wooded area which, this area here which contains oaks, lindens, elms and ash and maple would remain and again there’s several large oaks within this area outside of that. In this area too so there are some significant trees. So the proposed area for the swimming pool to go in, so this would be the location of the swimming pool is in an area that really is non-wooded. It’s fertilized. It has hard surface coverage on it so with that, the staff felt that because it met the impervious surface requirements and it wasn’t being impacted significantly with trees that the staff felt that modification to the easement would be okay. Would be advisable. So we are recommending that you approve the amendment to the conservation easement again with the conditions that we stated and just a majority vote of the council is required and I’d be happy to answer any questions you have. Mayor Laufenburger: Thank you Ms. Aanenson. Council members, any questions of staff? Councilwoman Tjornhom: I have one. Mayor Laufenburger: Councilwoman Tjornhom. Councilwoman Tjornhom: Kate when, generally when pools are put in I thought, what is the rule when it comes to pervious versus impervious surfaces? Kate Aanenson: The pool itself we don’t count. It’s just the decking around the pool that counts towards the impervious. Not the, because the, part of what we do for water quality and quantity is that the pool is actually holding water if it rains. It’s not dissipating it so we don’t count the pool area itself. Just the decking around it. Todd Gerhardt: The applicant…the impervious surface coverage. Kate Aanenson: Yeah. Yeah, the 25 percent. I also did hand out to you, we did receive letters. Some emails and so I did put those on your desk because they came in after the packet went out so there are some people in support and someone that is opposed to the request also. So there was two emails from neighbors in support and one visit and then an email phone call from someone that was opposed. Mayor Laufenburger: Councilwoman Tjornhom did you have another question at this time? 7 Chanhassen City Council – January 12, 2015 Councilwoman Tjornhom: No. Mayor Laufenburger: Okay, alright. Any other questions from council to staff? Councilwoman Ryan: Mr. Mayor I have a question please. Mayor Laufenburger: Councilwoman Ryan. Councilwoman Ryan: In looking at the map I noticed that, I believe one that you showed with an overview of the neighborhood. Is there a swimming pool to the west? Kate Aanenson: Yes. There was an easement encroachment in this area here. When this house originally came in there was some easements granted. Encroachment agreement for the house. Easement, excuse me encroachment into the easement to get the house on there because there were other significant trees to be saved and then a pool was granted for encroachment on that lot here. Councilwoman Ryan: And so when the developer came in and the City in 1994 established this 50 foot buffer, do we know why they put that in if they’re granting? Kate Aanenson: Sure. Maybe I’ve got an additional slide here that might show some more detail. This is the house when it first went in. Went into that easement area. Again as I stated this is the original driveway kind of came through here. Kind of it was a little bit circuitous and went to the, this is the original home for this area before it was subdivided so there was some encroachment into that easement for the location of this house to preserve some trees. This one was given a pool and this home down here, there was actually someone that removed some trees and because that was significantly heavily wooded we actually had them replace the trees that were cut down to put up a fence and they did apply to get a fence and that was denied because of the significant amount of trees. Again the interpretation on this is there’s already a structure, or the staff’s recommendation because there already is a structure there and the significant trees are there, there’s no significant trees there. They’re on the other side of the lot that the staff felt comfortable allowing the pool to go in at that location. This location excuse me. Councilwoman Ryan: Okay, thank you. Mayor Laufenburger: Any other questions from council? Councilman Campion: But besides the trees in that conservation area, there was no other targeted natural conservation? Kate Aanenson: No. No. Again you know we don’t get a lot of requests so it’s not something. You know we take each one on a case by case basis. We don’t get a lot of requests. Most of the people that move into these areas, as we always advise people that are looking at wooded lots and we had this conversation with the Planning Commission too when we’re looking at wooded lots, if your desire is to have a sport court or something that you probably want to look at a lot 8 Chanhassen City Council – January 12, 2015 that has not significant trees in the area. Again in this area where the pool’s going, no significant trees will be removed and that was really the goal. For the preservation easement. Councilman Campion: Okay. Mayor Laufenburger: Any other questions Mr. Campion? Councilman Campion: No. Mayor Laufenburger: Okay. Kate, Ms. Aanenson I have a couple questions. Do we have any other conservation easements in place in the city? Kate Aanenson: Yes, on numerous subdivisions. Mayor Laufenburger: Okay. So it’s common practice for a conservation easement to be in place. Have any of them been amended before? You made reference that there was, even in this area there’s an encroachment amendment. Is it reasonable practice for us to amend a conservation easement? Kate Aanenson: Again we always look at the practicality and look at, is there a rational basis to do that and advise them that we wouldn’t support it or if we could support it and look at each one on a case by case but we don’t have a rash of them. Mayor Laufenburger: And it sounds like your reference to the property in this southeast area of this Minger Addition, that these are easements that we watch over and we are, we’re the stewards of these easements so we have to make good decisions about, especially when those easements are violated without permission, is that correct? Kate Aanenson: Yes. I think what we’ve learned too is the neighborhoods on that, the neighbors in these subdivisions take ownership of that and that’s one of their source of pride is that they have a nice. If you look at the aerial it is a heavily wooded subdivision. It’s a beautiful subdivision and so that they take pride in that so often they might be this person that would call. Someone in the subdivision saying someone’s trimming a tree. We want to make sure they’re not clear cutting, those sort of things so I think the owners also take pride in that. Mayor Laufenburger: Okay. Let’s see. Just a, I’m remembering some language in previous council meetings. There was discussion about a preservation easement and a conservation easement. Is there a distinction between that and is that a question that I should address to you or? Kate Aanenson: I would address it to the city attorney please. Mayor Laufenburger: Okay. Mr. Knutson, can you weigh in on that? I know you’re not, I didn’t give you a heads up on that but I think you’re always prepared for these sorts of questions anyway. 9 Chanhassen City Council – January 12, 2015 Roger Knutson: I hope so. Mayor Laufenburger: Okay. Can you just, what’s the difference between a preservation easement and a conservation easement? Roger Knutson: The title isn’t as important as to what’s the substance of what the easement says. Conservation easements are by statute. Preservation easements are not. Really the, the real distinction is what is in the text of the easement. What are you protecting? How can it be amended? That sort of thing. Mayor Laufenburger: Okay, so then I should ask this question. We must also have preservation easements in place in Chanhassen, is that correct Ms. Aanenson? Kate Aanenson: That’s correct. That’s correct. Mayor Laufenburger: Okay, alright. I realize that you know this council is learning a little bit about this as we go along here. Kate Aanenson: Yes. Mayor Laufenburger: Is it in our authority, just a moment. Is it in the City’s authority to make this amendment or do we have to go beyond the City Council to approve this amendment to the conservation easement? Mr. Knutson. Roger Knutson: The landowner has asked for your permission to do it and you are the grantor of the, the grantee of the easement so yes I think it’s within your authority. Mayor Laufenburger: Okay so we have been granted the easement by the original property owner. That would be the Minger’s, is that correct? Roger Knutson: Minger’s, that’s correct. Mayor Laufenburger: So it’s in our authority to manage and control this easement and include, including amending it. Roger Knutson: Certainly. Someone can always challenge anything that you do but yes. Mayor Laufenburger: Okay, alright. Thank you. Alright, any other question of staff? Okay, Ms. Councilwoman Ryan. Councilwoman Ryan: To your point Mr. Mayor, your question, so then do we also have the authority to lift or change what is classified as a conservation area? Or who, what I’m getting at is if many people along this road are going into the easement then does that say that that land isn’t really a protected area. So do we have the authority then to change that classification of the land? 10 Chanhassen City Council – January 12, 2015 Roger Knutson: Not unilaterally. The landowner would have to agree. Mayor Laufenburger: So we can’t act capriciously and arbitrarily. We can only, we have been granted the stewardship of this easement. It’s our responsibility so the only thing that we can do is if a, if a property owner comes to us and asks for an amendment to that easement, then we can modify the easement. But I interpret this to mean that we cannot just say the easement disappears and you can do whatever you want with your property, is that correct Mr. Knutson? Roger Knutson: That is correct Mayor. Mayor Laufenburger: Okay, alright. Councilwoman Ryan: But about the conservation area. Not the specific property but that, the whole area that I’m assuming it goes to the other side. I mean there’s homes on the other side of that kind of grassland. Kate Aanenson: Yeah this is the entire easement running along the northern perimeter. Running along the easterly perimeter, southerly and then going to the backs of lots. That’s where the easement runs so all we’re addressing is the one lot with the request tonight and that would just be the amendment to that easement. Mayor Laufenburger: On their property only. Okay. Todd Gerhardt: Kate do we have a conservation easement on the Timberwood side of the subdivision to the north? Kate Aanenson: No, we do not. Todd Gerhardt: Okay. I think that’s the question right? Mayor, council members. This is the first amendment that we’ve made to a conservation easement. What we’ve kind of handled in the past was encroachment agreements into conservation easements so we’re modifying our practice. This allows the public an opportunity to come in and state their views on any amendment that may occur so you may want to open it up for public comment and solicit any input you may want on that. Mayor Laufenburger: Okay, thank you Mr. Gerhardt. If there’s no further questions for staff at this time, is the applicant present tonight and would he or she like to come forward and address the council? And I would simply ask that you state your name and your address for the record and then address your comments to the council. So step forward right by that microphone. That little, pretend you’re Madonna and talk into the microphone. Michael Meyer: Michael and Megan Meyer. We are the property owners at 2224 Lukewood Drive here in Chanhassen. We did request the amendment. Originally we did actually request an encroachment into the area. We worked with Jill Sinclair on that. Jill came out and took a look at the property to make sure that we weren’t going to be taking down any trees or encroaching on any of that area. We did that at the advice of our neighborhood from two doors 11 Chanhassen City Council – January 12, 2015 down who did get an encroachment agreement a few years ago and were allowed to purchase their, or to put their pool in. When our application for the encroachment agreement went in, we heard back from Attorney Knutson that we couldn’t be granted the encroachment at which point I actually contacted Councilman McDonald and through his guidance steered us towards this direction so that’s kind of how we arrived here today requesting the amendment was through attempting a couple other avenues and we weren’t able to do that so that’s kind of why we’re here tonight. Mayor Laufenburger: Okay. Alright. Any questions of the applicant from the council? Alright, thank you very much. Megan Meyer: Thank you. Mayor Laufenburger: As Mr. Gerhardt has suggested I would now open this opportunity for public comment. If there is any member, any public present we will invite comment on this particular amendment. And if you’d like to if you step up to that same friendly microphone and state your name and address please. Ann Healy Allen: Good evening council members. My name is Ann Healy Allen. I live at 2250 Lukewood Drive. The property immediately to the west of the applicant and I thank you for the opportunity to present comment tonight. Just first a little background on the property two doors down with their pool. They did not do their due diligence when they purchased their property and were not aware of the easement and had originally expected to put a large pool in the northwest corner of their property. They weren’t the original owners. They didn’t build the house and through the process they learned of the easement and through the process they ended up with a smaller pool tucked up against their house to minimize the impact in this area and encroaching trees and other things. So just some additional background to the history and the precedence set by those actions as well as we’re talking about them here tonight. We bought our home in, my family and I bought our home in 1999 after looking at probably more than 20 properties in the area and what attracted us specifically to this property was the natural beauty. You feel like you’re in nature. It’s very wooded. There’s lots of wildlife. It reminded me of the home that I grew up in and as we researched prior to making a decision to buy the project, buy the property we discovered the conservation easement and that was a benefit to us to, knowing that the natural beauty would be protected for all time. Forever basically is what the conservation easement says. We learned of this project that our neighbors, and we love our neighbors. They’re great neighbors in the few years they’ve been there they’ve been wonderful neighbors and so we’re not opposed to them having a pool. We’re simply opposed to granting an amendment into this conservation area for several reasons. As I said we learned about the project when the postcard came in the mail. I think it was Monday of last week asking for written comment the following day. It was difficult to get that done. The information provided online was incomplete for us or any neighbor in the area I believe to make an informed and knowledgeable decision about the project. The plan shown online did not include, did not show the full conservation easement as it exists today. It only showed the area that they were requesting be amended. It also did not show any required fence which is a requirement of any pool so no one could visualize where that was at. Nor did it show any drainage that would be addressed with this project. There’s a lot of flooding in the area and that’s a problem and in 12 Chanhassen City Council – January 12, 2015 talking with the city staff I’ve learned that there is a plan for a, I forget the name for it. A concrete ditch on the north side of the property to help deal with that. That’s not shown on the drawings online either. Further there is no copy available in the link provided by staff nor elsewhere that provides access to the actual conservation easement itself. The only information about the conservation easement is the comment from staff that this request does not negatively impact trees and therefore it’s being approved. That’s the only information when in fact the conservation easement is much more broad reaching than simply dealing with trees. So for those reasons I don’t anyone could make an informed decision on whether to support it or not. We have gone forward and done, excuse me, additional research and we believe that as we said there are conservation easements throughout Chanhassen and they’re provided for good reason. It’s good environmental planning. They are not tree protection instruments only but they protect the entire environment. The wildlife. The natural beauty and of course the trees. But they’re there for good reason and they’re there for the good of all of Chanhassen. The residents of the neighborhood and the residents that they impact beyond the immediate neighborhood. Certainly approving this amendment would set a precedent. We’ve already been talking about the other modifications that were made in the area and perhaps that makes people feel more comfortable approving additional amendments so I think it provides an opportunity for creep into amendments in this area and other areas. That’s my husband. Coming late from work. So I think that’s a dangerous precedent to be setting by making this approval. As the plan showed this impacts 17 properties in the Lukewood neighborhood. It’s not just about the Meyer’s. It’s not just about us. It’s a far reaching and protects many aspects of the environment, specifically reading some language from the easement itself, it grants quote, the City a permanent conservation easement over, under and across the premises. In addition to protecting trees the conservation, that was end quote after premises. Excuse me. In addition to protecting trees the conservation easement states that quote, the following are prohibited in perpetuity on the subject property. A quote, constructing, installing, or maintaining anything made by man including but not limited to structures, buildings, and walkways. Certainly the pool, the concrete deck around it and the fence would all violate this portion of the conservation easement. Second quote, excavation or filling, end quote. The proposed in-ground pool requires, is large and requires significant excavation and therefore violates this portion of the conservation easement as well. Third quote, activity detrimental to the preservation of the scenic beauty, vegetation and wildlife. There’s several varieties of wildlife that travel through this conservation corridor. Deer. Turkey. Fox. Coyotes. We had a fawn born in my back yard. Mallard ducks come with their ducklings and as you, you know if you would put up the sketch of the whole easement throughout the neighborhood again please. You can see how it provides a corridor east to west, north to south and all the way around for those wildlife to travel. Eliminating one section from that corridor is really going to interrupt that travel of that wildlife. The proposed amendment also extends the conservation easement farther than is necessary for the pool and deck design that is shown. I don’t know if there’s an opportunity to show a drawing or, you should have a copy of it in your packet as well. It looks like this. Mayor Laufenburger: I think it was the. Todd Gerhardt: You can lay it on the counter and the camera will zoom in on it. Kate Aanenson: It’s on the screen right now. 13 Chanhassen City Council – January 12, 2015 Ann Healy Allen: Actually this is different. This is provided in my packet. Is this a good place to do that? Todd Gerhardt: Put it right on top of that. Mayor Laufenburger: Just a moment Ms. Allen. It is the council, it’s the document that’s part of what was stapled and it’s the last page of that stapling. Just for reference if you could give us an opportunity to see that. Ann Healy Allen: Certainly, thank you. And so it is different than what’s provided by staff. This was provided to me by staff when I visited her office on Friday. And you can see the proposed pool in this area, as staff has mentioned. The conservation area which goes in this, across this dotted line and over here, the northwest corner is larger than required by this proposed plan. You can see here there’s 16.5 feet between the edge of the concrete deck and the northern property line. The fence could be put right immediately to the north of the pool, thereby not needing this extra northern space of 16 ½ feet. The whole pool project itself could be moved down closer to the house as the neighbors did 2 doors down. Could be moved down probably as far as 15 feet and that would provide another 15 feet at the north end that would not need to be included with this amendment. If the amendment were approved as it is and then the pool was shifted to the south, which may make more sense for drainage issues in the area anyway, then you’ve got a large area to the north of the pool that anything could be built on. There’s no longer a conservation easement in that area. I don’t know if these neighbors have plans for a future property owner could put a storage facility there. A gazebo. Anything in that area. And similarly we have the same condition to the west. Or the east rather of this. This line here is what staff had said their drawing showed is where the proposed fence would be. But the conservation easement goes all the way out here 8 ½ feet past where the fence would be so if this amendment were approved as presented the fence could be moved adjacent to the pool or it could be moved all the way to the west 25 feet from the pool and that allows a large area there again to the east of the pool where any structure could be built. A beautiful art studio. It has wonderful views for that. It could be a wood working shop. A storage facility. A gazebo. The sky would be the limit in that area. So I think the area shown in this amendment is certainly much larger than what would be required to put the pool in the northwest area of the lot. Mayor Laufenburger: Any other comments Ms. Allen? Ann Healy Allen: Yes, thank you. Just a little bit more. And then lastly the pool, it is a large design. It’s 62 feet in length, which is pretty large. Just to put that in perspective the distance across the back of their home is 54.5 and it includes kitchen, bathroom, you know all the living space across the back so it is a large design. But having said that you could still fit it here in the hash marked area and not require any amendment to the conservation easement. There is some wooded area here that’s not protected by the conservation easement but I don’t think we have any survey of what trees are in there or where they’re located. When I view the property, or is there a survey? 14 Chanhassen City Council – January 12, 2015 Kate Aanenson: No but the City Forester did look at that and it was her recommendation that there are some significant trees still outside of that and by the construction as shown on that drawing would impact some of those trees by the time you dig so that was her concern with that location. Ann Healy Allen: And I think if that’s…trees and construction are a concern then we need a specific survey that shows where those trees are located. I went and looked at the property and it looked to me like most of this southern area is inhabited by buckthorn, which is an invasive species. What I saw was a tree in this area here near this X which was planted by the previous owners a year or two before these owners moved into the property and then a similar sized tree a little bit larger over in this area that would be outside the easement and then I saw 2 trees in this area that appeared to be just inside the easement. Again it was not an official survey but it didn’t seem like there were any right there that would be… Kate Aanenson: Sure and I can only go by the comments that the City Forester made and she felt that there were several large trees outside of the easement that would be impacted. Not buckthorn type, no. Ann Healy Allen: And if trees are going to be impacted by construction then we should consider all trees that would be impacted by the construction. In this plan, in the plan shown by staff it doesn’t look at trees outside of the Meyer’s property. We in fact have 5 trees along this property line. One possibly two that are within the conservation easement and would be negatively impacted by any excavation and compacting and traveling of heavy equipment. Those types of things so those should be surveyed, positioned and information should be provided on what the impact of this pool would be on those as well. There may also be some up in this area in the property owner to the north in Timberwood that could be affected by this construction as well. So in summary I think there are several reasons to vote against this amendment. It does not need to be as large as it is shown in this area. It does not take into consideration the impact on trees around it. And finally the conservation easement in 3 key areas. Excavation, man made structures, and the preservation of the natural beauty and wildlife of the area. Removing this section from the conservation easement would negatively impact the wildlife that travels around that corridor and around the entire area and have impacts beyond just myself and our neighboring property owners. So thank you for your time. Any questions? Mayor Laufenburger: Thank you Ms. Allen for your preparation and your diligent work on this behalf and your willingness to stand in front of that microphone. I know that can be intimidating. Thank you very much. Ann Healy Allen: Thank you. Mayor Laufenburger: Any questions of staff as a result of the comments from the public? Before that, is there anybody else that would like to speak from the public? Please step to the microphone and state your name and address please. Jeff Cobb: My name is Jeff Cobb. I am actually here to represent the contractor. I’m not a resident of this fabulous city but. 15 Chanhassen City Council – January 12, 2015 Mayor Laufenburger: State your name and address again please. Jeff Cobb: Jeff Cobb. I live in St. Michael. 404 Elder Avenue, St. Michael. Mayor Laufenburger: Okay, thank you Mr. Cobb. Jeff Cobb: One thing I should commend. Congratulations on your new position by the way. I should commend the city because this is the toughest city by far to construct a swimming pool in. There’s been a lot of other cities that actually have carbon copied you guy’s kind of model so you know good for you guys. Mr. Gerhardt I think is correct when he stated before that you guys are looking at the proper avenue for allowing a homeowner now versus the neighbor a couple houses down that went through the other process to try to put his pool in so I truly believe from a contractor’s point of view you guys are approaching this the proper way to allow this homeowner to enjoy their you know private property rights. However I don’t know the neighbors, I haven’t met them yet. I have nothing against them. She’s got some valid points however this really comes down to this homeowner trying to accomplish enjoying private property rights. There will be silt fence installed along the property lines. There’ll be no trees on their property that will be affected. We looked at all different kinds of avenues on where to put this pool and it will not go in the side ways. When you construct a pool and you do any excavation you need to stay outside of the drip line of any tree because there’s roots. There’s things that will damage that tree down the road so you don’t even want to travel across these roots so this is, this is what these homeowners are requesting is that location that is in there. I think the due process with Jill and the other engineers and people in the city here that have gone through this process are, have really understood this and looked at this and it’s conforming with the neighborhood in my opinion when you look at two houses down with another one. She brought up, the neighbor here brought up some drainage issues. Fencing issues. There is a drainage plan that was applied for during the permit process and that during the construction and inspection process is when all of that gets dealt with and will be obviously taken care of properly. I’ve been doing pools for 28 years. It’s my profession and I mean to please this homeowner and I usually try to get everybody in the neighborhood so happy they put a pool in too so if you have any other questions I’m open. Mayor Laufenburger: Thank you Mr. Cobb. Any questions? Mr. Campion. Councilman Campion: I have one. You mentioned the fence that would be going in. Can you say a little bit more about that? Mayor Laufenburger: I think you were referring to a silt fence during construction, is that correct? Jeff Cobb: Silt fence, yep. Yes. Councilman Campion: So just during construction. 16 Chanhassen City Council – January 12, 2015 Jeff Cobb: Yeah. That silt fence is put in place so that any silt or dirt, soil, if it downpours does not damage any other property other than this property in the construction zone area only. As far as permanent fence, that is applied for as well and that is put up and installed and that’s when the silt fence comes down when the yard’s finalized and the permanent fence is put up at that point. Councilman Campion: Okay. Mayor Laufenburger: Any other questions at this time? Mr. McDonald. Councilman McDonald: Question. Thank you for addressing the suggestion of orienting the pool east/west and the reasons why we can’t do that. On the north/south axis is there a reason why the pool couldn’t shift to the south? Jeff Cobb: Well I mean it could move a foot or two, 10 feet either way but we have setbacks from the home. We have setbacks from side property. Rear property lines that need to be met and all of them would be met once this conservation easement is vacated in this area where there’s no trees. That was a driveway in the past for this old farm property. Councilman McDonald: Okay, thank you. Kate Aanenson: I just have a question on the setback from the house. What setback from the house were you talking about? Jeff Cobb: There’s a minimum setback from the footings of the house to the footings of the pool. It’s a minimum of 10 feet. Mayor Laufenburger: Is that, that’s part of our city ordinances is that correct? Kate Aanenson: Correct. Jeff Cobb: It’s pretty much standard, blanket in the state. Mayor Laufenburger: And this new plan does comply with that Ms. Aanenson? Kate Aanenson: It’s in excess of 10 feet. Mayor Laufenburger: It complies in that it’s more than. It’s at least 10 feet. Kate Aanenson: Yes, that’s correct. Mayor Laufenburger: Okay. Alright. Okay. Councilwoman Tjornhom: I have. Mayor Laufenburger: Yes, Councilwoman Tjornhom. 17 Chanhassen City Council – January 12, 2015 Councilwoman Tjornhom: Excavation was brought up and so perhaps you Mr. Cobb or Kate can talk about the plan for excavation. I know that you know obviously there’ll be a hole dug and that excess dirt will have to go somewhere. Fill probably brought in so what is the plan for that? Jeff Cobb: All of that is addressed during the permit process as well. Councilwoman Tjornhom: Okay. Jeff Cobb: And that will be through the inspection process. You know and all that will be taken care of during that time. Councilwoman Tjornhom: So at that, during the construction of the pool we will have inspectors coming out to make sure that everything is being complied with when it comes to what we require? Jeff Cobb: Yeah this, and definitely the inspectors you have here do not let anybody get away with too much you know so you should commend them. Mayor Laufenburger: Ms. Aanenson, maybe you can clarify for us. The only action that we’re concerned about tonight is the modification to the, or the amendment to the conservation easement. Anything that comes along regarding construction of the pool, that’s not being addressed at this time, is that correct? Kate Aanenson: Right although there’s some sort of a nexus between the two but yes. That’s what the request is for tonight is to amendment. To amend the. Mayor Laufenburger: Correct but the builder’s compliance with the city ordinances, that will be dealt with through the building permitting process, is that correct? Kate Aanenson: Correct. Mayor Laufenburger: Okay. Okay. Alright, thank you Mr. Cobb. Councilwoman Ryan: Mayor? Mayor Laufenburger: Oh excuse me. Councilwoman Ryan. Councilwoman Ryan: Two questions, and maybe Ms. Aanenson you can help. So if the setback minimum is 10 feet, I couldn’t find the numbers on here. Where are we at? Todd Gerhardt: 18 feet. Councilwoman Ryan: 18, okay. And then you mentioned about the drip line and that’s why you’d be unable to orient the pool east/west. Have you looked at the drip line for the set of trees that was mentioned prior on the neighbor’s property? 18 Chanhassen City Council – January 12, 2015 Jeff Cobb: They will not be affected because we are, we’re 12, 11.5 feet on that neighbor’s side. They won’t be affected. Councilwoman Ryan: Thank you. Mayor Laufenburger: Thank you Mr. Cobb. Ms. Allen, did you have another comment or question? Ann Healy Allen: I do. Mayor Laufenburger: And just ask that you keep it brief if you can alright. Ann Healy Allen: Yes certainly. First of all the setback was mentioned at 18 feet which is the distance from here to here when in fact the setback is I believe is to the edge of the pool, not the edge of the concrete. Kate Aanenson: That’s, yeah. Ann Healy Allen: So you would have, you’d have 18 plus 13 that you could move the pool in the southerly direction and still meet the setback requirement. Is that correct? Mayor Laufenburger: I read, I don’t read it that way Ms. Allen. I read that the edge of the pool, if in fact the setback requirement is 10 feet and right now according to this it’s listed at, is it 12 Ms. Aanenson? Is that correct? And then you talk about another 18 feet so it can’t move 30 feet. Kate Aanenson: This distance right here, if I may is 18 feet. This decking right here is arbitrary. Oh, sorry. Mayor Laufenburger: Yeah, thank you very much. Kate Aanenson: Thank you. So this distance right here is 18 feet. Mayor Laufenburger: Yes. Kate Aanenson: This concrete deck is an arbitrary. That’s the concrete patio around the decking. That could be a lot narrower. You know that’s really the designer’s choice for what they want for decking around the pool. Mayor Laufenburger: Okay. Kate Aanenson: Okay, so I think that’s the question is if, if the pool itself have to be the 10 foot separation. There is flexibility in that separation from the house. If that’s how you’re understanding. Ann Healy Allen: Yes, that’s my understanding. 19 Chanhassen City Council – January 12, 2015 Kate Aanenson: Yeah, right. Ann Healy Allen: That it could move to the south. Kate Aanenson: Because you have a concrete patio here and another concrete patio here so that separation, here you’re going to be closer but if you’re taking it from this back then it would be the back of the house. Mayor Laufenburger: I think I’m confused Ms. Aanenson. Is the 10 feet setback from, you place your red dot over a little bit. Kate Aanenson: That’s the edge of the pool. Mayor Laufenburger: Yeah, yeah. Kate Aanenson: Okay, this is just concrete decking. Mayor Laufenburger: Yep. Kate Aanenson: This right here so that’s. Mayor Laufenburger: So where does the 10 feet begin? Kate Aanenson: From the footings of the house. Mayor Laufenburger: Okay, so those footings that you’re at right now? Kate Aanenson: Yes. Mayor Laufenburger: Versus the footings over on that. Kate Aanenson: There is a footing over here too so there’d be a separation of 10 feet that way and 10 feet. Mayor Laufenburger: Yeah. Oh there’s clearly 10 feet there, yeah. Kate Aanenson: Yes, so I’m saying. Mayor Laufenburger: So realistically if the distance from the edge of the, if the edge of the pool to the edge of the concrete is, let’s call it 12 feet and then the edge of the existing concrete to the footing where the pool equipment appears to be identified, that could be moved to within 10 feet of that and still be in compliance with the setback? Kate Aanenson: Correct. So you’ve got some flexibility here and some on, so some on the west side and some of the north side there. 20 Chanhassen City Council – January 12, 2015 Mayor Laufenburger: Okay. Todd Gerhardt: So it can move south 21 feet. Kate Aanenson: Something like that, yeah. You’d just reshape the existing patio. Mayor Laufenburger: Sure. Todd Gerhardt: Because you’ve got at least 10 feet difference from the concrete patio to the pool. Mayor Laufenburger: Thank you Ms. Allen. Ann Healy Allen: Thank you. Just one other comment concerning the trees. Our, the drip line of our trees does extend well beyond the 11 feet between the pool structure and our property line. It goes well into the middle of the pool structure here so that would be worth considering as well. Thank you. Mayor Laufenburger: Thank you. Jeff Cobb: Can I speak again please? Mayor Laufenburger: You get the last word Mr. Cobb and make it brief please. Jeff Cobb: There is each individual homeowner has air rights on their property. Their trees do not. Mayor Laufenburger: Just a moment. Is that true Ms. Aanenson? Kate Aanenson: I’ll let the City Attorney address that question. Mayor Laufenburger: Mr. Knutson, is that true? We have air rights? Roger Knutson: I’m not sure what he’s talking about. You own. Mayor Laufenburger: The vertical. Roger Knutson: Yes, above. Mayor Laufenburger: Okay, alright. Very cool. Alright, so continue Mr. Cobb. Jeff Cobb: And these trees do not go anywhere near their pool concrete excavation site. Mayor Laufenburger: Well there seems to be some disagreement on that but I’ll accept comments Mr. Cobb. 21 Chanhassen City Council – January 12, 2015 Jeff Cobb: Feel free to talk with whoever’s been on the site that’s been at the city, or Jill and whoever else been out there. Mayor Laufenburger: Alright, thank you Mr. Cobb. Any other member of the public that would like to speak to this at this time? Okay. Let’s bring it back to council here for a second. Any questions for staff as a result of the public comment? Councilman McDonald: Mr. Mayor. Mayor Laufenburger: Mr. McDonald. Councilman McDonald: Currently on the site Ms. Aanenson is a swing set that evidently takes up a large portion back there. Is that concrete, gravel or what’s the surface of that particular structure? Kate Aanenson: It’s my understanding that’s concrete. Ann Healy Allen: It’s not. It’s gravel. Todd Gerhardt: No. Kate Aanenson: Gravel, which we consider hard surface coverage. Councilman McDonald: Okay. If we move the pool back we don’t affect the play set then, is that right? Kate Aanenson: Correct and that was some of the rational basis that the City Forester looked at in location of, or amending the conservation easement is because this, we consider this a hard surface coverage. Compacted gravel as hard surface so we’re saying that’s already been impacted by hard surface coverage in that area. Councilman McDonald: Okay so, and if we go and put the pool in where it’s currently planned for, at that point that area would go away as a part of putting the pool in, is that correct? Kate Aanenson: Correct. Except that it’s not going to go all the way to the edge. This looks like it goes closer to the edge. The pool doesn’t go that far back. Councilman McDonald: Right but the hard surface area, then the gravel and everything, would that be part of what’s excavated out of there? Kate Aanenson: We would recommend that be removed, yes. Councilman McDonald: Okay, so then at that point we end up regaining roughly, what is it? 10 feet. A little bit more than 10 feet so we regain that area back into the pathway toward the back of the property then. 22 Chanhassen City Council – January 12, 2015 Kate Aanenson: A portion of that, yeah. Councilman McDonald: A portion of that. Kate Aanenson: Because some of it’s going to go further to the, further to the west. Councilman McDonald: Okay so I don’t know, if the square footage might be equal or greater than. Audience: That area’s not currently fenced however. Councilman McDonald: Well the fence isn’t going to extend all the way to the edge of the property line either. I haven’t heard anything that says the fence is going to extend all the way back and there’s no requirement that it would go that far back either. Ann Healy Allen: There’s a sketch of it in this drawing. Mayor Laufenburger: Let’s do this. Ms. Aanenson, did you have another question Mr. McDonald? At this time. Councilman McDonald: Well I guess I’m getting toward what my point is but go ahead. Mayor Laufenburger: Ms. Aanenson can you just clarify for us, what is the action that is before the City Council tonight? Kate Aanenson: Your action is to consideration of amending the conservation easement. Mayor Laufenburger: Okay. And the, and our consideration is either to accept or deny the amendment as it’s presented, is that correct? Kate Aanenson: That’s correct. Mayor Laufenburger: So it’s not in our responsibility or our approved action tonight to re-design the features of this amended easement, is that correct? Kate Aanenson: That’s correct. Mayor Laufenburger: Okay. Kate Aanenson: Can I qualify that in just saying. Mayor Laufenburger: Sure you can. Kate Aanenson: You could modify the amended amount that you’re looking at. The amendment to the conservation easement, you could modify that. 23 Chanhassen City Council – January 12, 2015 Mayor Laufenburger: Okay. Could it also be that we would request staff to work with the applicant to bring back a modified amendment to the east, is that also a possibility? Kate Aanenson: Yes. Mayor Laufenburger: Mr. Knutson is that a possibility? Roger Knutson: Yes. Mayor Laufenburger: Okay, alright. Okay now Mr. McDonald, do you want to continue with your question? I just needed that clarification on what’s our responsibility tonight. Councilman McDonald: Well I think having said that, there is no point in going forward. It’s just we either accept it or we ask that it be modified. Then it makes absolutely no difference at that point what happens to anything else or where the distances are so it’s pointless to ask those questions so I would yield. Mayor Laufenburger: Okay. Anybody have any other, or any council members have a question of staff as a result of the applicant? I do Ms. Aanenson. There was mention of the placement of a concrete ditch. Do you know anything about a concrete ditch out on the north side of the property or running through into the north side of the property? Kate Aanenson: No, I think there was just some concerns about drainage from, that again we weren’t here to discuss all those issues regarding that but that was some of the concerns that were brought up. Mayor Laufenburger: Okay. Let’s see. Todd Gerhardt: Mr. Mayor, I think they talked about a drainage swale on the west side of the pool is what I think the property owner was talking about. Mayor Laufenburger: Okay, alright. And that swale could be concrete. It could be hard surface. It could be even just a depression. Kate Aanenson: Correct, correct. Mayor Laufenburger: Alright, okay. Well I guess I would open up for any council comment at this time. Councilwoman Tjornhom: Mr. Mayor. Mayor Laufenburger: Councilwoman Tjornhom. Councilwoman Tjornhom: Thank you. I believe Mayor Laufenburger brought up the point twice tonight about what we were really here to do and that is to decide whether or not to grant or to 24 Chanhassen City Council – January 12, 2015 allow the amending of this conservation easement and my question I usually ask when it comes to these circumstances is the request reasonable and I believe Ms. Aanenson said that you know she believed it was because of the practicality of it all and I’m very leery of taking someone’s backyard and redesigning it especially when it’s their backyard and it’s their private property and so I believe that leaving this the way it is would be a mistake. Granting them the easement is the right thing to do. They have a right to enjoy their property at a reasonable level and so I will be in favor of granting this request. Mayor Laufenburger: Okay, thank you Ms. Tjornhom. Any other comment or, from council? Mr. McDonald. Councilman McDonald: Yes Mr. Mayor. I think as the applicant said I was contacted about this and I did give advice as to what to do and basically the reason I gave advice is that we come up with a lot of these where people do not ask the City. They act and then we’re forced to react or we’re forced to do something and I do applaud the applicant because again I suggested that he work with staff and try to come up with a plan that would be acceptable and it sounds as though he did that so I thank you for doing that. Having said all that, well I have to address the issue. I mean the biggest concern that the neighbors to the west have got is that it’s going to upset kind of the balance of nature. Well I’ll tell you I’ve seen enough of these within Chanhassen that whatever man does it does not upset the balance of nature. Deer will still go through there. Turkeys will still go through there. Wildlife will adapt. They always do and it will be back to the way it always was. I think that I do agree with the premise that again it’s private property and as much as possible a person should be able to enjoy their property. This is a good compromise in the fact that if they go in any other direction that they would legally be allowed to go in, you’re going to lose a lot of trees down there and I think that will impact wildlife a lot more than putting in a pool. So I too would be in favor of accepting this and moving forward again with this so I will be voting for it Mr. Mayor. Mayor Laufenburger: Alright. Thank you Mr. McDonald. Any other comment? Councilwoman Ryan: Mr. Mayor I’ll make a comment please. Mayor Laufenburger: Councilwoman Ryan please. Councilwoman Ryan: I struggled with this when I first read it, about it in the packet. I did go and visit the site and just looking at the land behind your homes. I know it is not very wooded but it is grass and understanding the views from both of your property and what you like to do with your property. I definitely respect the rights of private property owners and what you do to your land. However in this case I feel like we are setting precedent to grossly encroach a conservation easement. I would be, before making a final decision on whether or not a pool goes in or what you choose to do with your property, I would be in favor of a modification of this amendment and somehow redesign to bring it closer to the house to have less of an impact on this conservation easement so my recommendation would be a modification of the amendment or I will not be able to vote in favor. Thank you. Mayor Laufenburger: Thank you Ms. Ryan. Any other comment? 25 Chanhassen City Council – January 12, 2015 Councilman Campion: Yes, I’ll comment Mr. Mayor. Mayor Laufenburger: Mr. Campion. Councilman Campion: I agree with many of the comments made by Councilwoman Tjornhom and Councilman McDonald. I believe that this is a sensible proposal. As they have it laid out I believe it has the minimal amount of impact to the trees in the area and thus the least amount of impact on the wildlife. I will be supporting the amendment as proposed. Mayor Laufenburger: Alright, thank you Mr. Campion. Well it’s quite interesting. This amendment has taken on great magnitude for a couple of reasons. First of all this is the very first council meeting of this new council and what you’re seeing is a result of everybody wants to be very, very, hopefully very smart and very intelligent and very responsive regarding this so there’s a lot of detail that’s been paid attention to and I think that’s good because that sets the stage for how we will deal with these issues in the future. Let me again say that I’m pleased to have the Meyer’s as residents of Chanhassen. It sounds like they have great plans for their family. Their, is it a daughter, is that correct? And I applaud the Allen’s for doing the research that was necessary to speak your view as well. I still have to come back to what, the question that I asked Ms. Aanenson and that is that this council, we can’t make a decision about what this pool design looks like. We can make suggestions and we can encourage the proper placement of the pool to do the least amount of disruption to the grass space or to the conservation easement but if we were to grant this easement then we are essentially granting the Meyer’s the ability to do what they choose to as long as it complies with our ordinances with that property that is in the easement as it’s described. Is that correct Ms. Aanenson? Kate Aanenson: That’s correct. Mayor Laufenburger: Okay. So I think that the, in this case based on, I would agree with Mr. McDonald that for the most part what man attempts to do to maybe disrupt nature, nature has a way of overcoming that. I’ve noticed that in previous properties that I’ve owned. As much as I tried to put a fence to deter deer from eating in our garden, they would find a way in there anyway so I think that the animals, the critters, those critters, they will find a way to make use of the land that’s available. So I would, I think that it’s important that we, we understand and acknowledge that the property owners have come to us following our process, albeit very constraining for Mr. Cobb and apparently the reputation that Chanhassen has but we do that for a reason. Because we want to make sure that we’re protecting that which we have in Chanhassen so with that being said, is there a motion? Councilman McDonald: Mr. Mayor. Mayor Laufenburger: Mr. McDonald. Councilman McDonald: Make a motion that the Chanhassen City Council approves the amendment to the conservation easement for 2224 Lukewood Drive. 26 Chanhassen City Council – January 12, 2015 Mayor Laufenburger: Is there a second? Councilman Campion: Second. Mayor Laufenburger: Thank you Mr. Campion. We have a valid motion. Is there any discussion? Councilman McDonald moved, Councilman Campion seconded that the Chanhassen City Council approves the Amendment to the Conservation Easement for 2224 Lukewood Drive. All voted in favor, except Councilwoman Ryan who opposed and the motion carried with a vote of 4 to 1. Mayor Laufenburger: Thank you Ms. Aanenson. Thank you public. COUNCIL PRESENTATIONS. None. ADMINISTRATIVE PRESENTATIONS. Todd Gerhardt: Well I’d just like to publicly recognize Mayor Laufenburger for his appointment to the Transportation Advisory Board. We are looking forward to his leadership on that board as they review plans for the upcoming year for a variety of public road projects. And also Mayor Laufenburger and I will be hosting the 112 Easterly Carver County Leaders meeting here Friday morning at 7:30. This is where mayors and administrators meet with 112 Superintendent Bauck and his staff to talk about collaboration and upcoming projects in and around the area. All the mayors and city managers from Carver, Chaska, Victoria attend that meeting so we’ll be hosting. That’s all I have. Mayor Laufenburger: Thank you Mr. Gerhardt. I just would like to acknowledge that we have a new City, Assistant City Manager joining us for the first council meeting. No reflection that Mr. Gerhardt didn’t make any mention of this Chelsea but. Chelsea Peterson: Thank you for acknowledging me Mr. Mayor. Mayor Laufenburger: We’re pleased to have Chelsea Peterson join us as Assistant City Manager. We look forward to a long and wonderful relationship so thanks for joining us Chelsea. Chelsea Peterson: Thank you very much. Todd Gerhardt: Yeah, thanks Chelsea. Chelsea Peterson: Thanks boss. Todd Gerhardt: The last one wasn’t like that. 27