CC Minutes 5-26-20Chanhassen City Council – May 26, 2020
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Mayor Ryan: Councilman Campion?
Councilman Campion: No questions.
Mayor Ryan: I do not have any questions either so I hereby open the public hearing. Please step
forward and state your name and address for the record and if there are any phone calls for this
public hearing the phone lines are open. Any phone?
Charlie Howley: No calls.
Mayor Ryan: No calls, okay. I will close the public hearing and return it to council for any
questions or a motion. Councilman Campion.
Councilman Campion: Madam Mayor I will make a motion.
Mayor Ryan: Go ahead.
Councilman Campion: I move that the City Council adopts a resolution approving the vacation
of the subject public drainage and utility easements as 8005 Cheyenne Avenue in Chanhassen
subject to establishment of new public drainage and utility easements along the adjusted property
lines.
Mayor Ryan: Thank you councilman. We have a motion. Is there a second?
Councilman McDonald: Second.
Mayor Ryan: Thank you Councilman McDonald. We have a valid motion and a second.
Resolution #2020-37: Councilman Campion moved, Councilman McDonald seconded that
the City Council adopts a resolution approving the vacation of the subject public drainage
and utility easements as 8005 Cheyenne Avenue in Chanhassen subject to establishment of
new public drainage and utility easements along the adjusted property lines. 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 Mr. Howley.
Charlie Howley: Thank you.
APPROVE A REQUEST FOR THE SUBDIVISION OF 6.4 ACRES INTO TWO SINGLE
FAMILY LOTS AND ONE OUTLOT, PRELIMINARY AND FINAL PLAT,
DEVELOPMENT CONTRACT, AND CONSTRUCTION PLANS AND
SPECIFICATIONS FOR PROPERTY AT 1641 WEST 63RD STREET (NYE ADDITION).
Chanhassen City Council – May 26, 2020
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Mayor Ryan: I’ll let you get set Ms. Aanenson. Wipe everything down.
Kate Aanenson: Thank you Mayor, members of the council. This item appeared before the
Planning Commission on May 5th and I’ll give a little bit more detail on that at the end of this
presentation. The application is for a subdivision on the Nye property. Planning Case 2020-06.
Just to update you we included a lot of things in your packet. A lot of information but we did
receive a phone call on Friday that was from Mrs. Barbara Solum and she is in support of the
application and that was via a phone call so I just wanted to make sure that was conveyed to you.
So the application is for 1641 West 63rd Street. As you can see shown in yellow here. Currently
it’s accessed via 63rd Street. Let’s see if I can make this a little brighter here. 63rd Street and
then off of Wood Duck Lane. So the applicant is proposing to subdivide 6.4 acres into two lots
so there’s an existing home on the property that sits in this area here and this would be the new
lot. Lot 2. So Lot 1 would continue to gain access off of 63rd Street and Lot 2 would gain access
via Wood Duck Lane. There is sewer available to the property which will go forward in a little
bit more information. That too has an existing structure that would have to come down. We
don’t allow accessory structures prior to a house being built. So as I mentioned access again
would come off of 63rd continue for the existing home so there’d just be one new home coming
off of Lot 2. The city code requires that the, that Lot 1’s existing connection and then there was
a lot of discussion of whether or not when this was subdivided to come off of 63rd Street or
coming off of Wood Duck Lane. Again looking at all the grading, walking the site with that
access could be gained off of Wood Duck Lane. The staff had recommended the Wood Duck
Lane for that southern lot. So accommodating the Wood Duck Lane there is a temporary cul-de-
sac. Again I’ll show that in a little more detail. We would take additional right-of-way. This
existing street Wood Duck Lane is 50 foot right-of-way. Our current standard is 60 so with this
we would maintain the existing development pattern. So we would take additional right-of-way.
They would dedicate that right-of-way. The road would not be constructed at this time but we
would have the dedication of that right-of-way to get to the 50 foot if that street was to go
forward in the future. Again the time to get that extraction would be with the subdivision. Again
it’s constrained by some private properties in the area. The other issue on that coming off of the,
using the existing cul-de-sac is it’s really, it’s over 1,900 feet long which exceeds our minimum
so putting a better cul-de-sac bulb on the end was also a desire. So if you look at the existing
brown is the current. So the fire department and emergency access, snow plowing and the like
would benefit from a wider turnaround at the end of that cul-de-sac so the applicant is proposing
to construct a temporary cul-de-sac at the end of Wood Duck and bring it into conformance with
city standards and ordinance. Again that’s improving the situation on the site. As I mentioned
the sewer and water are available on the southern and will be extended so Lot 1 currently has
sewer and water off of 63rd and they would remain that so this would be the only additional
service that would be added. Lot 2 would require that they be tapped in and watermains through
the Wood Duck on the south so this would also require the developer to extend the sanitary
sewer 150 feet to the property, to the terminus of the property on the south. The applicant also
delineated the wetland so that wetland would be dedicated to this Outlot A would be dedicated to
the City and there’s also wetland buffer which the proposed house would meet all the setbacks
Chanhassen City Council – May 26, 2020
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based on the type of wetland. There is significant tree canopy. The only potential removal
would be again where the existing house is. That would be on this area here in purple proposed
for being removed. One of the other things we’re looking at with the subdivision is access to
parklands. There are two parks within the service area as required in the Comprehensive Plan so
no additional parkland would be required at this time. There’s also trails in the area. So I just
wanted to update you on May 5th the Planning Commission did hold a public hearing and the
commission took public comment. There’s neighbors that were at that meeting and Mr. Ashfeld
and Mr. Meyer both attended. Both adjoining property owners and gave their comments
regarding that. We did include a lot of the petitions in the packet. As you’re aware Mrs. Nye
tried to look at subdividing the property and there was a lot of concern from neighbors not only
on 63rd who felt they had a lot of traffic but also the extension of Wood Duck so she chose to go
forward with just a one lot subdivision and it does meet the city standards for the subdivision.
We know there was differing opinions and the Planning Commission asked a lot of questions.
One motion was floated to approve the subdivision with a requirement to allow for a private
street but the Planning Commission can’t bind the City Council to require that. It’d be a separate
variance which wasn’t noticed and that didn’t give comments for other people in the
neighborhood to go forward with. We were asked about the private street. A variance is allowed
or made for up to 4 homes on a private street but that would have to demonstrated that that’s the
best development pattern. Whether it’s preserving trees and the like. There was also a question
asked about a PUD. You need 5 acres to request a PUD rezoning which would give you some
flexibility so that would be a separate discussion at a later date by the applicant himself so what
we have before you is this application is for the one lot subdivision. So at this time that motion
failed. The first motion to request or require that there be a private street so the Planning
Commission did recommend unanimously to approve the preliminary plat with the conditions
that are in the staff report so with that we are recommending that the City Council approve the
preliminary and final plat to subdivide into two lots based on the plans before you. With that I’d
be happy to answer any questions that you may have.
Mayor Ryan: Alright thank you Ms. Aanenson. Councilman McDonald any questions?
Councilman McDonald: Not at this time, no.
Mayor Ryan: Councilwoman Tjornhom?
Councilwoman Tjornhom: Not at this time.
Mayor Ryan: Councilman Campion?
Councilman Campion: Not at this time.
Mayor Ryan: Councilwoman Coleman?
Councilwoman Coleman: Not at this time.
Chanhassen City Council – May 26, 2020
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Mayor Ryan: I have one. Thank you for explaining. I know that we received obviously
petitions early on with the initial application or conversation. I don’t even know if an application
was formally submitted.
Kate Aanenson: Right, no.
Mayor Ryan: It was just conversation on what was going to happen to that property. So thank
you for including all that information. You mentioned about a temporary cul-de-sac. Is that
because the intent is then to build it all the way through or is that just?
Kate Aanenson: Well that would be decided on a future application. It gives the motion options
so we always try to do the best planning we can anticipating the future. Obviously there was a
lot of discussion when Wood Duck came in whether it should go through or not so if we look at
what we have in front of us here. If we can go back to this for a minute. So if the street was to
go through you’ve got a property owner here that would block that so someone would have to
acquire that portion of the property or buy that property owner out but the dedication we took on
the Nye property on the north would allow, so that would tie in so we took that initial right-of-
way there and then someone else would have to accommodate additional right-of-way there. So
with the temp cul-de-sac making it, the radius better on that for better turning movements that
solves the problem right now.
Mayor Ryan: Perfect.
Kate Aanenson: So but it also provides in the future by taking the additional right-of-way to
construct that street to a 50 foot width which would be the prevailing pattern in that area so that
would be a future decision.
Mayor Ryan: Okay and I think that’s my question and I know that it was discussed quite a bit at
the Planning Commission and you mentioned it again tonight. We have to handle each
application separately so all the plan, the future plans may be to go through. I know there’s
private property obviously along Yosemite Avenue you know and then internally but that would
be under a separate application so we can only consider what’s before us tonight.
Kate Aanenson: That’s correct Mayor so the owner of 6480 and then, which has a private drive
coming off of that currently, that was, that’s well short of 5 acres to do a PUD but could pursue
their own application. And then the other applicant at 1611 63rd Street also was interested.
They’ve got a potential wetland in the back so we don’t know what the potential of that
development is so but the best information we have that’s our recommendation and we feel
confident in that.
Mayor Ryan: Okay perfect, thank you. And you know I know there’s some folks here tonight.
We did hold a public hearing already so we won’t be taking public comment. However if the
Chanhassen City Council – May 26, 2020
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applicant wants to come forward and say something. I’m looking at all of you not that I would
know with or without your masks but if you wanted to say a few things I welcome comment.
Woody Love: Madam Mayor...
Mayor Ryan: Could you just state your name and.
Woody Love: I was going to right after I addressed the Mayor and council and staff. My name
is Woody Love. I’m with Engel and Volkers Real Estate and I represent Ann Nye in this sale.
Ms. Nye has been a steward of the property for 35 years. Over the last year we’ve looked at
options to allow her to sell the property and move on with her life. We appreciate the time of the
staff and the Planning Commission and council has spent reviewing this so we respectfully stand
for questions.
Mayor Ryan: Thank you very much. Council I will stand if you have any questions of the
applicant, Ms. Aanenson or a motion.
Councilman McDonald: Can you put the motion back up?
Kate Aanenson: Yeah. Sorry.
Councilman McDonald: I’ll make a motion Madam Mayor.
Mayor Ryan: Thank you.
Councilman McDonald: I would propose that the Chanhassen City Council approves the
preliminary and final plat to subdivide 6.4 acres into two lots and one outlot as shown in plans
dated March the 27th, 2020 and construction plans and specifications and development contract
subject to the conditions of approval and adopts the Findings of Fact and Decision.
Mayor Ryan: Thank you Councilman McDonald. Do we have a second?
Councilwoman Tjornhom: Second.
Mayor Ryan: Thank you Councilwoman Tjornhom. We have a valid motion and second. I will
go for a roll call vote.
Councilman McDonald moved, Councilwoman Tjornhom seconded that the Chanhassen
City Council approves the preliminary and final plat to subdivide 6.4 acres into two lots
and one outlot as shown in plans dated March the 27th, 2020 and construction plans and
specifications and development contract subject to the conditions of approval and adopts
the Findings of Fact and Decision:
Chanhassen City Council – May 26, 2020
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SUBDIVISION
Engineering:
1. Private fencing extending into the public right-of-way or into the proposed subdivision
shall be removed. Continued coordination with all affected property owners shall be the
responsibility of the developer.
2. The developer shall abandon all existing wells in accordance with all federal, state and
local regulatory agencies’ standards, and obtain all necessary permits for said
abandonments prior to building permits being issued. Prior to commencement of
abandonment activities, a copy of all required permits from the appropriate regulatory
agencies shall be provided to the city.
3. The applicant shall dedicate public right-of-way adequate for a 50-foot wide corridor for
the possible future extension of Wood Duck Lane prior to recording of final plat.
4. Outlot A shall encompass the delineated wetland and also encompass the appropriate
buffer determined by the Riley Purgatory Bluff Creek Watershed prior to recording of
final plat.
5. The developer shall reconstruct the temporary cul-de-sac located at the end of Wood
Duck Lane in accordance with city Standard Specifications and Detail Plates, subject to
review and approval by the city. The extension shall be owned and maintained by the city
after acceptance of the public improvements by the City Council.
6. All retaining walls exceeding 4’ in height shall have plans and details prepared by a
registered engineer prior to issuance of a Notice to Proceed.
7. The developer shall extend the existing public sanitary sewer main within Wood Duck
Lane right-of-way. All extended sanitary sewer mains shall be public sanitary sewer
mains, owned and maintained by the city after acceptance of the public improvements by
the City Council.
8. The developer or their contractor shall schedule an inspection of the existing manhole in
which the extension is to be had from (MH 04-110) to ensure it is in good condition and
meets city standards. Any required repairs will be the responsibility of the developer.
9. The developer’s contractor shall schedule a preconstruction meeting with Engineering
and Public Works Utilities prior to the commencement of any work to the sanitary sewer
main extension.
10. All conditions, comments, and applicable permits required by the Riley Purgatory Bluff
Creek Watershed District shall be adhered to.
Construction Plan Review:
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1. On sheet 3 of 12: For clarity add a note referencing where erosion and sediment control
details can be found (currently sheet 9 of 12).
2. On sheet 6 of 12: For clarity, call out water and sanitary services to Lot 2 along with
separation requirements; update buffer strip widths according to RPBCWD rules and
regulations and the “Wetland Buffer Calculation” table, reflect changes throughout plan
set and final plat; relocate temporary barricade approximately 30 feet east in order to
accommodate snow storage; remove second temporary barricade located at
approximately station 3+00.
3. On sheet 7 of 12: Note 6 of the “Grading Notes” requires a rock construction entrance, in
accordance with city standards, however no construction entrance is illustrated on the
plans, update accordingly; Note 10 shall be updated to include 48-hour notification prior
to dewatering and approval of a dewatering plan by the city’s Water Resources
Coordinator; the “Hold Down Detail Single-Family Home” does not appear to be site
specific, update accordingly.
4. On sheet 8 of 12: Update plans to include double BMPs up-gradient of the wetland;
illustrate locations of all construction entrances for clarity; illustrate location of
“temporary parking and storage area”; update note referencing “install inlet protection on
downstream inlets” to include the intersections, or, show inset of catch basins to be
protected, for clarity; update SWPPP BMP quantities “topsoil respreads area/volume”;
under “Notes to Contractor” remove reference to “the city” for transfer of erosion control
responsibilities, this will remain the contractors responsibility throughout the life of the
project; update legend for the erosion control blanket to call out type (MnDOT Cat. 3).
5. On sheet 9 of 12: Update details to include tree protection as called out under “Erosion
Control General Notes 9.”; Note 10 and Note 1 of “Erosion Control General Notes” and
“Erosion Control Schedule”, respectively, shall include language to schedule initial
inspection with the city and provide the appropriate contact information; if the site will
include a portable restroom update the “Pollution Prevention Management Measures”
accordingly.
6. On sheet 10 of 12: Note 2 shall include language expressing the need for a
preconstruction meeting with the city prior to commencement of construction activities;
Note 6 shall be updated to allow for 48 hours’ notice; Note 9 shall be updated to reflect
PVC/PEX water services in accordance with detail 1006 as type “k” copper is no longer
allowed; as the temporary cul-de-sac detail has been modified ensure call-outs and notes
clearly indicate the areas requiring full depth street construction; it is highly
recommended that the slope of the sanitary sewer allows for better constructability as it is
currently proposed at the minimum slope, staff recommends 0.50%; begin stationing on
sheet or clearly indicate where station 0+00 is located; where the dead-end sanitary
manhole is installed, extend embankment further east to allow for proper maintenance as
plans currently illustrate a -28.00% slope immediately following casting.
Chanhassen City Council – May 26, 2020
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7. On sheet 12 of 12: Extend wetland buffer seed mix to edge of existing property line.
Parks:
1. Full park fees in lieu of parkland dedication and/or trail construction are collected. The park
fees shall be collected in full at the rate in force upon final plat submission and approval. At
today’s rate, these fees would total $5,800 (1 lot x $5,800 per lot) for the one new lot
without an existing home.
Environmental Resources Coordinator:
1. Tree preservation fencing must be installed at the edge of grading limits prior to any
construction activities.
Building Official:
1. Demolition permits must be obtained prior to demolishing any structures on the site.
2. A building permit/plans must be submitted and approved prior to construction.
3. Retaining walls (if present) more than four feet high must be designed by a professional
engineer and a building permit must be obtained prior to construction.
4. Separate sewer and water services must be provided for each lot.
Planning:
1. An escrow of 110% of the estimated removal cost of the existing accessory structure on
Lot 2 shall be posted with the city prior to recording of the final plat. The accessory
structure must be removed within four months of the approval of the final 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 for being here tonight.
Woody Love: Thank you Mayor, council and staff, thank you.
COUNCIL PRESENTATIONS. None.
ADMINISTRATIVE PRESENTATIONS.
Mayor Ryan: Mr. Gerhardt.