CC 2003 04 14CHANHASSEN CITY COUNCIL
VERBATIM MINUTES
RF~ULAR MEETING
APRIL 14, 2003
Mayor Furlong called the meeting to order at 7:10 p.m. The meeting was opened with the
Pledge to the Flag.
(~QUNCIL MEMBERS PRE~: Mayor Furlong, Councilman Labatt, Councilman Ayotte,
Councilman Lundquist, and Councilman Peterson
STAFF PRE~ENT: Todd Gerhardt, Roger Knutson, Justin l~dler, Kate Aanm~on and Teresa
Burgess
PUBLIC PRE~ENT FOR Al.l. ITEMS:
Jerry & Janet Paulsen
Debbie Paulsen
Bruce Feik
7305 Laredo Drive
7302 I_aredo Drive
Planning Commission
PUBLIC ANNQUNCEMEN'I~:
INYITATIQN TO ~ EASTER EGG (~ANDY HUNT, APRH. 19, 2003.
Mayor Furlong: We have a couple of public announcements, trrrst of all I'd like to invite
everybody to this Saturday, April 19~, the City's annual Easter Egg Candy Hunt. This is one of
the annual events that the city park and rec department sponsors, and works with our local
businesses to sponsor a number of special events and this is one of those. This Saturday, starting
at 9:00 is the Easter Egg Candy Hunt. It's at the Rec Center and it will be a fun time, as always
for the children. There will be music en~-tainment featuring the Splatter Sisters, as well as an
Easter Egg hunt, candy hunt, and prizes for coloring contests and those that find the golden egg
so I would invite everyone to come and enjoy a fun time. Mr. Hoff'man has again guaranteed nice
weather for the event so the Easter Egg hunt will be outside. I cermidy hope to see a lot of
people there. Also I'd like to invite, is David Happe here this evening?
Todd Gerhardt: Just LuAnn tonight. David is tabled for 2 weeks. He had another commitment
he had to go to.
PR~ENTATION QF MAPI.I~. I.I~.AF AWARD: LI~ANN ~[DNEY, PLANNING
CQMMISSIQN MEMBER.
Mayor Furlong: If I could invite LuAnn Sidney to come forward please and join me down here.
I want to take this oppommity this evening, LuAnn served on the Park and Rec. Or excuse me,
wrong one. Start over. Planning Commission for 6 years. Served on the Planning Commission
for 6 years. It was clearly given her strong science background was insmunental in helping to
work through a number of the projects from the development proposals and specialized
specifically in areas of noise and lighting environmental concerns. She was an advocate I know
for residential development in the process and that was i ~mportant to her and i .mportant for us and
we appreciate her efforts there. I also understand that she was always very well prepared for the
meetings which I, having seen some of the information that comes from the Planning
Commission, I can appreciate the time that that really takes to do that I know I've had an
City Council Meeting - April 14, 2003
opportunity to talk to LuAnn as well and I know specifically of her desire to get people involved.
I know how you got involved and you've got to be careful what you start speaking up about
because you're going to get more involved probably than what you think but, after 6 years she's
stepping down and so at this time on behalf of the City Council and all tbe resi~ of
Chanhassen we'd like to thank you for all your efforts for the last 6 years and present you with
this Maple Leaf Award which is bestowed upon residents and citizens that volunteered a
minimum of 5 years of service so LuAnn: thank you very much for your efforts. Would you like
to say a few words?
LuAnn Sidney: I'd like to thank everybody. Thank the planning staff for their support. I really
appreciate it and I'll be around.
Mayor Furlong: Oh yeah. We already figured out how to keep Alison arotmd so we'll get you
back too. Thank you LuAnn,
CONSENT AGENDA: Council Peterson moved, Coundiman Lundquist seconded to
approve the following consent agenda items pursuant to the City Manager's
recommendations:
a.
Resolution g2003-37: Cancel Feasibility Study for the 2003 Street I .mpmve~t Project;
Authorize Preparation of a Feasibility Study for the 2004 Street Improvement Project
Resolution g2(g}3-38: Award of Bid, Lake Susan Regional Pond Rec4mstruction, Pile
SWMP 12-X.
d.
Resolution g200~: Approval of Plans and Specifications and Authorize Advertising
for Bids; Bluff Creek Re-meandering Project, trfle SWMP 12-Y.
g,
Approval of Minutes:
-City Council Summary and Verbatim Minutes dated March 24, 2003.
Receive Commission Minme. s:
-Planning Commi.~sion Summary & Verbatim Minutes dated March 18, 2003
-Planning Commission Smnmaxy & Vertnifim Minutes dated April 1, 2003
h. Vasserman Ridge 2~ Addition:
1)
2)
Approval of Final Plat
Approval of Development Contract and Construction Plans & Specifications,
Project 03-03.
Approval of a Variance for Wall Signage, Buffalo Vflld Wings, 550 West 79~h Street,
Clearwater Development Group, LLC.
Approval of Temporary Lifting of No Parking Zone on Kerber Boulevard and Market
Boulevard.
Resolution g2003-40; Approval of Change Order to Relocatm Trans~ as a Part of
City Center Commons Project
City Council Meeting- April 14, 2003
Appointment of Becky Olson to Minnetonka Community Education and Services
Advisory Board.
n. Approve Purchase of CIP Vehicles.
All voted in favor and the motion carried unanimoualy with a vote of 5 to 0.
Mayor Furlong: We'll move items l(f) and l(j) to the end of our new business. Without
objection, or is there?
Councilman Labatt: The applicant for lij) is here in the a~n~ a~ I'd hate to keep him here
for upwards of 4 hours if we can.
Mayor Furlong: I don't nm 4 hour meetings.
Councilman Labatt: I hope not Tom-
Mayor Furlong: Is there any objection to de~_ling with item l(j) at this time? Seeing none, why
don't we go ahead and do that.
APPR0¥AL QF A ¥ARIANC~E FQR SIGNAGE, GIANT PANDA. 463 ~ 79TM
STREET~ MIKE RAM~EY.
Councilman Peterson: My only question was, in looking at the variance, I visited the site. I
noticed that there's a ventilation system on the roof that isn't ~ly screened, and this is one of
the few opportunities we have to put a condition on to fix that to maintain it to current ordimm~.
And I would just entertain that either do 2 thin~ tonight. Fd be happy to table it for the applicant
to look at the issue more thoroughly, or I think I have a pretty simple solution that if they could
either screen or paint the unit to the same color that the other screen_ ing of the roof already has, I
think we'd be going a long way in trying to correct the non-compliance issue that stands today.
Mayor Furlong: Is there any staff comments on thi~ issue that Councilman Peterson is raising?
Kate Aanenson: Yeal~ I did speak to the applicants. The owner. Co-applicants. The owner of
the building and they would like some additional time to discuss the two options which, for
screening which would be to eisa' paint the rooftop equitnnent to a similar color of the blue
that' s standing seam siding, or whether or not to put a parat~t wall. If the council was to move in
that direction they want some additional time to. The 60 days expires ~w so if you do
want to extend that we would request that we ask for the additional 60 days to give some time,
and the applicant has concurred with that ff you do table that. Just tell you mat_ So they would
like some additional time.
Mayor Furlong: Okay, so the applicant...
Kate Aanenson: If you're going to move for something different than what's in the packe~ they
would like some additional time.
Mayor Furlong: And do we need a full 60 days, is that typical?
Kate Aanenson: No. Fm assuming we could get it on the next agenda. We're just going to ask
for that.
City Council Meeting - April 14, 2003
Mayor Furlong: Okay. Okay, and the applicant is concurring with the 60 day, or with the
extension?
Kate Aanenson: Yes. Their request was if you want to do something other than what's in the
packet, they would like some additional time to respond to that.
Mayor Furlong: Fair enougiz Alright. Any other questions or discussion? Councilman LabatL
Councilman Labatt: If we're going to change at the eleventh hour on them, they could, if we
delay it and they're at 60 days, if we don't act...approve it. Right? If we don't act on it toni~hL
If they don't give an extensiom
Kate Aanenson: Right, but I'm assuming you'd put a condition in them that they meet the
standard.
Roger Knutson: Mayor, under applicable statutes, Minnesota Statute Chapter 1599, you have an
initial 60 days and if you need more time, the City can say we're taking an extra 60. Put that in
writing telling them we have an absolute right to take up to 8dditional 60 days if you feel you
need it.
Mayor Furlong: Without regard to their consent on that additional 60.
Roger Knutson: Beyond 120 days that we need their approval. I assume we're, it's not at 120
days?
Kate Aanenson: No, we're at 60 days tomorrow on the 15~ so we have an additional 60 days.
Roger Knutson: So we would have to give them a written notice that we're taking the extra 60
days and it's due immediately, if that's what you want to do.
Mayor Furlong: Okay. Alright. Is there any other discussion?
Councilman Labatt: So, I just you know. This is, to get a phone call at 4:00 from the owner of
this that there's some last minute changes is upsetting to me. I don't think that's the way we
should be doing business as a City Council or as the city. And I would, you know this rooftop
ventilation system has been up there for years. I would just hope that we could move this
approval tonight and let this go. We're here because of a,'it's been documented in the packet
why we're here and let's not create more problems on behalf of the city. So I would just move
that we approve this as it stands.
Mayor Furlong: Any other questions? Comments?
Councilman Lundquist: Mr. Mayor, or maybe it's a question for Roger. Roger, what's our other
options if we wanted to approve the sign variance and then pursue the non-compliant ventilation
system separately7
Roger Knutson: FI1 have to make some assumptions because I just learned about this at 5:00.
Presumably what's there now, when it was done it was done lawfully, and I don't know that for a
fact but let's assume that to be the case. Then it's a legal non-cxmformity. And unless you have a
City Council Meeting- April 14, 2003
right to attach it as a condition to some sort of approval, then you cannot require them to change
that non-conformity.
Mayor Furlong: And I guess my question is, is it our understanding that the attorney's
assumption is correct? That it was done...
Kate Aanenson: Correct. I mean the nexus is you have an oppommity to apply based on they are
requesting a variance. To bring the thing into conformity. The question is whether or not that's
the appropriate level. As Steve is being polite and not saying, the staff made an adminiswafive
error so a new owner came in. Didn't undemtand the previous owner. Someone issued a permit
in error and now we're kind of, I guess what Steve was trying to say, we, staff takes some of the
blame for the problem so, that we're in right now and that was issued in eiror.
Councilman Labatt: I think let's just approve it and move om
Mayor Furlong: Okay. Any other comments?
Councilman Peterson: My perspective Steve is that this is the prefabs that we use that's
appropriate. We get a packet on a Wednea~y or Thursday and we go out and look at the
property. If we see something that's non-conforming, then we bring it back and I think that we
normally wouldn't even be able to get to the applicant prior to the meeting. We were able to do
that in this case. So I think that what's happening tonight is exactly the way things should
happen. Now we talked about tabling it to give the applicant more time. I think that's
appropriate, but if we don't do that, I mean why would we, I don't know any other way to get
something that's in non-compliance into compliance. We have the leverage tonight and we don't
any other time. I don't understand your point of, at the last hour this is what we do. This is
where we get packets a week before. That's why we visit the places to look at them so I disagree
with you.
Mayor Furlong: Councilman Ayotte.
Councilman Ayotte: What size is the hiccup?
Kate Aanenson: What happened is, when the building was approved a much larger HVAC
system for the commercial kitchen was put on the roof. It wasn't screened. It has a large fresh air
intake. It's very large. When you're coming down 5 you can see that bxfilding. It's not screened.
The other rooRop pieces are screened. They did get a permit for that. Unfortunately the permit
was never reviewed by the planning depanmeat. It was, the pem~t was issued by the building
department. That was about 5 years ago. Those corrections have been made. Any permit comes
back to planning department because it was over sized and you could see it and that's not the
intent when that building was apgroved.
Councilman Ayotte: So it's an eye sore.
Kate Aanenson: Yes. So the two remedies are cme, to paint it blue to match some of the parapet
elements, or to screen it. And the applicant and the owner of the building wanted some additional
time to review that if you're going to make that change.
Mayor Furlong: Any other comments? Questions? I guess my thought is I don't know how I
will feel about the screening or the painting or leaving it alone, but if the applicant would like to
take a little extra time, not that I want to delay thin~ but I'd just as soon have the oppommity to
City Council Meeting- Ala'il 14, 2003
address the issue so I'd hope we could get this resolved before 60 days, would be my thought. So
out of courtesy to the applicant as well as just keeping the process going.
Councilman Labatt: So if the issue is either painting or the screening of the flesh air intake and
not the sign, can we as a part of the tabling allow the owner of the Giant Panda to hook up the
sign to electricity and start using his sign. Obviously his sign's not the problem. So can we make
that as a part of the condition of tabling and allow him to contract.
Kate Aanenson: I'll let the city attorney address that one.
Roger Knutson: You have the power to do what you think is a~. But, if you do that
you're granting them the variance, at least on a temporary basis. I'm not sure if I am aware of
any basis for a temporary variance. You either have the variance or you don't.
Mayor Furlong: So if we were to do that, then to come back latex if there was a decision. I guess
my question is how quickly can we see this back? Can we see this next meeting?
Kate Aanenson: I hope so. Absolutely. They just wanted time to discuss it. Sit down with staff.
Look at all the options. We want to give you all the options too and the applicant so if they want
that time, we certainly intend to put it on the next meeting.
Mayor Furlong: I mean I agree with your comment Councilman Labatt as far as the lateness of
the timing. At the same time I understand Councilman Peterson. We get the paeke~ We look
through. We have questions. We have to be able to move things quickly.
Councilman Labatt: And I realize that but when the owner gets called at I don't know, 3:00 or
4:00 and she calls me at 4:15 and says that she just found out, I mean that's not the way we
should be doing business.
Councilman Peterson: Steve, how else could we do it? I mean rm confused. I don't get it,
Councilman Labatt: This has been discussed for 2 weeks Craig at the Planning Commission. We
knew about it. We've discussed it. We've talked about it. How many times do we drive by
Highway 5 and look at it? I drive by Highway 5 6-7 times a day. Bring it up earlier.
Councilman Ayotte: My concern on the whole thing is I don't like the idea of painting HVAC~
You know, that's never good. And I'm concerned that a fence might be, well what if it's an ugly
fence? I mean the point is that if there is an issue, and I don't like the idea of 60 days at all so I
think we need a quick turn on this. I think staff has made a mistake and you must pay for your
sins. So let's, I think we should have a quick return on this thing, I don't know if Tom or Steve
said that but in addition to that I don't think we should put the constraint of a fence or painting. I
think what can be done to fall within the parameters without having anybody's nose bent out of
shape.
Mayor Furlong: And Councilman Ayotte, I would agree. I want it done faster. I wouldn't want
to do anything in this motion to limit our legal right to have the full 60 days if necessary. So the
intention is if we choose to table it or to take our extra 60 days, which we are allowed to do, let's
take those but let's not use them all if we cam
Kate Aanenson: Right, and the~ might be another design alternative.
City Council Meeting - April 14, 2003
Mayor Furlong: Yeah, let's not limit ourselves.
Kate Aanenson: Yes.
Councilman Ayotte: One other point, since there may be some other design alt~*mafives, staff
should really work hard to find that for them given the, okay.
Kate Aanenson: Yes, absolutely.
Mayor Furlong: Minimizing cost as well. Any other comments or discussions? If there's none is
there a motion?
Councilman Peterson: Motion to table.
Mayor Furlong: Is there a second?
Councilman Lundquist~ Second.
Mayor Furlong: Any discussion on the motion? Seeing none Ill call the question without
objection.
Councilman Peterson moved, Councilman Lundquist seconded to table the request for a
variance for wall signage, Giant Panda~ 463 We/If79th Street. AIl voted in favor and the
motion ~arried unanimously with a vote of 5 to O.
Mayor Furlong: ff there's no objection we have moved item l(f) to the end of our new business
and I think that's not really to anybody in attendance.
VI~ITOR PRESENTATIONS.
Mayor Furlong: One of the items this evening that we approved on our consent agenda was the
appointment of Becky Olson to the lVfinnetonka Community Education Services AdvisiKy Board,
and I'd like to open up visitor presentations and invite Ms. Olson to greet us and say a few wards.
Good evening, and congratulations.
Becky Olson: Thank you. My name is Becky Olson. I live at 97 Casco_tie Circle. I'd like to
thank the Chanhassen City Council for appointing me the Chanhassen rep to the MCES Advisory
Board. MCES serves C-tmnhassen area residents in Minnetonka School District 276. In addition
to the community at large. It provides swimming lessons, lifeguard services to our Lake Arm
Park, as well as life long learning classes and other activities. The Board is looking to i ,rein'ore
it's communication with the various cities that it serves. My family and I have lived in
Chanhassen since June of 1984. We have enjoyed participating in the many city area activities,
the MCES functions, Lake Ann activities over the last 19 years. I'm involved in Friends of the
Chanhassen Library as VP of their public relations. I volunteered at the Minnetonka I-~gh School
in various capacities. I appreciate all the work my predecessor Ann Osborne has done in her 17
years as the Chanhassen rep to the MCES Advisory Board and hope to continue in her footsteps
and the path she has made for all of us in Chanhas~. I've met with MCES Executive Director
Dan Kuslick, various individuals on the advisory board several times. I'm excited to have this
opportunity to be of service to the community in this capacity. I have for the council's additional
information if you would like the current work available through MCES, a copy of their by-laws
as well as the advisory board committees. Thank you.
City Council Meeting - April 14, 2003
Mayor Furlong: Thank you. Are there any questions at all? Okay, very good. Thank you.
Congratulations. That'd be great, thank you very much. Are there any other visitor presentations
this evening? Mr. Kiingelhutz, good evening.
Al Klingelhutz: Al Klingelhutz, 8600 Cyreat Plains Boulevard. I see there was something on the
agenda tonight about Lake Susan pond but I guess Mr. Wentz, my neighbor tm the lake, he's out
of town and he tn'esented me with some facts on Ia~ke Susan which I already knew about. We're
having a considerable amount of erosion down there. W6 believe that there should be no wake
when the water's above a certain level. Last year when the tom'nament was held down there, the
water was over my dock and I had 6 feet of water on my shore, and boats were going
continuously for 2 days and it didn't really help any about the erosion on the lake. There's one
thing we'd like to ask the city to, is not allow any more to--ts on Lake Susan because of
the size of the lake and the damage it's been doing. Mr. Wentz went clean arotmd the lake last
winter and walked the shore and took several pi~. He didn't give me a copy of these pictures
but it showed, espec~y on the north side of the lake there was considerable erosion. I believe
the city did have some erosion work done on Lake Susan, and there was an estimate for 500 feet
of control on the north side of the lake. The price was $74,719. And the next 1,000 feet the
estimate was $128,812. I think a lot of these problems could be avoided if we had a no wake on
the lake when there was a high water like we had several times last summer. I'd like to get on the
council agenda possibly the next meeting and see if we can solve some of these problems. I'm
sure it could even he a public hearing if you wanted to hold one, and notify all the lakeshore
owners. I don't know if that's necessary but we don't want to throw the baby in the bath and
exclude all activities on the lake. It's just the fact that we'd like to at least somehow control
what's going down there and avoid all the erosion that's taking place, which in time could
possibly really affect the quality of the water down there. There's a lot of money been spent on
Lake Susan. In fact they sealed the bottom of the lake here some years ago which i ,reproved the
quality of the water maybe 120 percent, but ~ these kind of dollars for erosion eontrol
when it can be done much more, maybe not much more effectively than putting complete erosion
control clean around the lake. I think could be many dollars saved so I would like to get on the
council agenda. I believe it will be the 28~?
Mayor Furlong: That is our next meeting, yes. Yes sir. I know the council is aware of some
erosion problems. We have a trail that goes along the shoreline there. We've dealt with, is there
some comment at this time?
Kate Aanenson: Yeah. To do a hearing, a public heating on no wake in 2 weeks is i .mpossible.
Yeah. We're doing a couple prong approach. One is Loft, the Water ~source Coordina~ is
working on some of the erosion problems besides planting immediate.
Al Klingelhutz: Notify the watershed district too because we've presented this to the wateazhed
district and they said we should really do something and they'll have a representative here too.
Mayor Furlong: And I believe the council _rec~ved a letter from the watershed district, Mr.
Wentz presented there. I know he sent a letter to each of us.
Kate Aanenson: Right, but I think there's a little bit more bac~und work that needs to be clone
before we have a public hearing in 2 weeks about no wake.
Councilman Peterson: We already have a no wake oxdinance though don't we?
City Council Meeting - April 14, 2003
Kate Aanenson: There is two different ones for people that live on the lake and then the motor
size ff you're launching a boat. So there's some different issues. It's a little bit more complex
and I think we need to spend a little bit more time. The Water Resource CooMinat~ is working
on that issue and I'd like to bring the City Council up to date of what we're doing tha~ There's
some things that Loft's got in the works right now besides the planting that he's talking about that
we've got the DNR and I think that would probably be even more productive, kind of show you
what direction we're moving first. Certainly a no wake is an option that could he considered.
Mayor Furlong: Your issue is we may not be ready at the next cotmcil meeting in 2 weeks to
make a decision on and I think that's.
Kate Aanenson: Maybe at a work session we could do that but yeah.
Mayor Furlong: Well we'll want to move quickly because spring is coming and boating season is
coming so.
Al Klingelhutz: The one thing Fd like to have you do though is not sign any contract with the, I
believe it's Minnetonka Boat Works that's been holding these tournaments down the~ before we
have that meeting.
Councilman Ayotte: That's a fair statement
Al Klingelhutz: And you'd better talk to the park board about that.
Todd Gerhardt: That application comes back to the City Council every year for your approval.
Al Klingelhutz: I'd like to read a short letter that Mr. Wentz wrote. In the past years a group or
club of wake boarders and water skiers have been permitted to hold a 2 a day tournament on Lake
Susan. In consideration of the high wave action ~ by this event and the considerable
shoreline erosion developing on the lake, it is requested that a permit not be accepted. If
requested this year or until the lakeshore can handle the wave action and not further erode the
shoreline.
Mayor Furlong: Okay, thank you.
Al Klingelhutz: You don't think you can get it on by the 28m then huh?
Kate Aanenson: No. There's just a lot of other issues that the council needs to get up to speed
on. A lot of other bac~und dsta but we are aware. Lori's working with the watershed district
right now with some other immediate erosion problems.
Al Klingelhutz: When we went to the watershed district last week, that was the date they
suggested to have...
Kate Aanenson: Al, I'd be happy to give you a call tomorrow and tell you what we're doing.
Al Klingelhutz: Okay, thank you.
Roger Knutson: Mayor, just to point out one of the complicating issues in doing this is we need
DNR approval to adopt any ordinance.
City Council Meeting - April 14, 2003
Kate Aanenson: Right, that's what Fm saying. It's a little mom complex.
Roger Knutson: You have to go through an application process and other things so it takes a little
longer than normal.
Mayor Furlong: Okay. Thank you. Are them any other, thank you Mr. Klingelhutm Any other
presentations? Visitor presentations thi~ evening. If there am none we'll close visitor
presentations and move on in our agenda.
CoN m .R TIQN OF q atyr, R nmn F,
DEPARTM]gNT:
Al
.oo3 POLIC C0 rrgAcr.
ADOENDIJ'M TO PROVIDE FQR A CHANHASSEN ER( EANT.
2003 WORK PLAN.
Mayor Furlong: This was an item tabled from our hst meeting I believe. Is there an update to
the staff report.
Todd Gerhardt: Yes Mayor, Council members. Attached in your packet is the 2003 police
contract with Carver County Sheriff's office. Highlights of the 2003 contract incl-de a 2.8
percent increase over the 2002 contract No hourly change from 2002. Total hours are 17,520
hours. Staff recommends approval of the 2003 contract
Mayor Furlong: Are there any questions of staff at thi~ time?
Councilman Lundquist: Mr. Mayor I had the, I asked for the item to be tabled last time and staff
did a good job of getting those questions angwered so.
Mayor Furlong: Okay, very good. We'll bring it back to the council. Any discussion on the
item?
Councilman Ayotte: If I may Mayor. I had a conversation with Sergeant Olson today, trwst off,
a lot of folks realize that I've been cfiu~ of public safety, not with respect to the service we
purchased but the concern I have in the area and I've got to tell you, Sergeant Olson and others
have done a great deal of, to i .mpwve it and I'm hoping that somehow the information this council
receives with respect to what's going on in public safety gets to the public. I know we've got the
Villager now putting in some information on occasion on a weekly basis, but the substance of thi~
stuff is a quantum leap to where it was before. In large part from a little bit of prodding from a
I-Ienuepin County deputy, but I really would ask that we would see how we can communicate the
value that's in these documents, and the actions coming out of it. There's been a lot of, not just
paper but action out of Olson and others so I hope we can do son~ing about that.
Mayor Furlong: Okay. Any other co~ts or discussion from the council?
Councilman Lundquist: Motion to approve the 2003 police contract, addendum to provide for a
Chanhassen Sergeant and the 2003 work plan.
Mayor Furlong: Is there a second?
Councilman Ayotte: Second.
lO
City Council Meeting - April 14, 2003
Mayor Furlong: Any discussion on the motion7 Seeing none Iql call the question Mthout
objection.
Councilman Lundquist moved, Councilman Ayotte seconded to approve the 2003 Police
Service Contract with Carver County and the Carver County Sheriff's Department; the
Addendum to the Police Contract with Carver County for a sergeant to be assigned to the
City of Chsnhassen in the amount of $81,868.35; and the 2003 Work Plan for Law
Enforcement Services. All voted in favor and the motion carried unanimously with a vote
of Sto0.
REQUF~T I~R ~ITE PLAN REVIEW FOR AN APPROXIMATE 45~600 ~QUARE
FQQT QFFI~E WAR~QI~[~E ADDITION AND A 730 SQUARE FOOT T- ~:RMAL 0IL
BUILDINO WITH VARIAN~ AND A CONDITIONAL USE PERMIT FOR
DEyELQPMENT W1Ti=flN ~ BLI.~F ~tEEK OVERLAY DI~TRICT~ 8000
AUDUBON ROAD~ GENERAL 1Vl~J~q.
Public Present:
Name Address
Tammy Ziegenbein, General Mills
Jack Wemer, AMEC
Mark Wasescha, AMEC
4400 Jewel Court No, Plymouth
3721 Impatiens Lane No., Brooklyn Park
179 S. Fairview Avenue, St Paul
Kate Aanenson: I'd just like to frame up where this ~ is and give you some of the
bac~und. When this property originally came in, it was owned by McGlynn's and they own
~ from here all the way up to Highway 5. That 'property was sold off, this northern piece
when we put in Coulter Boulevard and has since been acquired by a single property owner after
the daycare went in. Since McGlynn's bought it, Pillsbury bought it and bought additional land
over here and is now General Mills. The Bluff Creek Overlay District follows the approximste
green line. No development will occur in the overlay district There is a storm water pond that
was built with thc original McGlynn's ~ and that was a condition of the vcrification of the
ponding size. With this request there's two actions that the applicants are seeking. One would be
the site plan. Actually it's 3. The site plan. The conditional use permit to do work within the
overlay district. Although the property is in the overlay district, the development itseff would not
impact. And the second would be a relief from the design standards. So what the applicants are
proposing is the additional 46,500 square feet for the loading dock area, which is located in this
area. Olrmntly the loading dock, that's the bays access the ott~ way so with this the bays are on
the front. The concern the staff had with that and that worked best for their needs, was the noise.
The noise would now be going the forward way but they have actually got the _berm in place so it
actually circulates and helps with that noise al~uuation going towards the front. They are
providing additional parking. The original proposal had all the traffic going in one driveway but
we worked with them to actually provide for truck traffic on a separate driveway from the
employee parking. Again this is input for product and the side is the output where the product
comes out. The large refrigeration units. It did go to Planning Commission twice. The first time
the Planning Commission concerned was with the development of the plans. They did come back
on April 1 u with revised plans. Again: this plan shows the amount of berming on the front The
Planning Commission did add some sdd_ifional conditions regarding silt fencing, some of the
selection of the trees that were called out, and the screening of the units on the roof~. Ttiem
was some concern about the existing ordinance. The design standards say that the application of
11
City Council Meeting - April 14, 2003
the new design standards should go with the addition part and not the entire building, as not to
burden that, but to work with the addition and try to get that into compliance. Again the nexus
con~.s at a place when you're asking for the variance but I think that tile conditions that the
Planning Commission worked to get are reasonable and the applicant has agreed to those, so with
that the staff is recommending approval with the conditions as modified by the Planning
Commission which are found on page 2 and 3 of the staff report and all the supporting
documentation is behind it so I'd be happy to answer any questions that you have.
Mayor Furlong: Thank you. Questions for staff. One question Kate on the berming you
mentioned and I think you showed on your map. Is that, does that show it expanded berming
specifically to the west? That was one of the issues raised.
Kate Aanenson: No. They will when they, they'll have to revise ttmse plans and that was one of
the recommendations was along this western side here and that's with the noise going to the
property to the west, that they have to increase the size of that berm~ That was a
recommendation.
Mayor Furlong: So they will be following Planning Commission's recommendation there?
Kate Aanenson: Correct They'll have to submit a revised plan that we'll sign off before we
issue the building permit. And I just wanted to go over too, the small little building right hem
that's used for the manufactur~g. They came in, generally anything under 10 percent can be
administratively approved but they came in at the same time and we didn't want it to ~ that
the staff was kind of looking at one and letting the other one go so we kind of held them both up
to come in at the same time.
Mayor Furlong: Is that the hot oil building7 The 730.
Kate Aanenson: The thermal oil building. Yeah, hot oil.
Mayor Furlong: Sorry. Yeak
Kate Aanenson: Thermal hot, that's what that is for.
Mayor Furlong: You also mentioned that the applicant now owns the pmpeay to the west as
well.
Kate Aanenson: Correct They had bought that~ Pillsbury bought that so actually one of the
recommendations we're making to this protma~ to the south has development pot~tial. It is
guided industrial. There's a large wetland in the back of that. They do own this piece. One of
the recommendations we're doing is that they combine both pieces for the i ,mlx~viom surface
requirement. That is the Bluff Creek area that hms through there, but we are making a
recommendation that both pieces have the same PID number, and therefore they can balance the
impervious surface onto that one too.
Mayor Furlong: Okay, thank you. Any other questions for staff?
Councilman Peterson: So did the applicant agree to all the recommena_~tions from the Planning
Commission?
Kate Aanenson: Yes. And they are here too.
12
City Council Meeting - April 14, 2003
Mayor Furlong: Okay. Would the applicant like to say anything at this time? Don't have to.
Don't have to. Okay. With that we'll bring it back to council and ask if there's any comments or
questions.
Councilman Peterson: I'm comfortable moving ahead.
Mayor Furlong: Anything else?
Councilman Labatt: The only question I had, and tmfommately the fire people, I should have
asked them earlier. The thermal oil buildi~. Maybe Todd this is for you. In the event of fire in
that building, obviously it's going to be sprinklered on it but do we have the ~ equipment to
assist in eliminating that fire? Is there any special apparatus or, I'm not sum...
Kate Aanenson: I think someone from AMEC can answer that question. They're the, this is a
little bit different type of a project. Actually the architects am preparing it to go out to bid, which
is sometimes what happens so it's kind of a, that's why when the plans went to the Planning
Commission they were a little concerned they were a little loose, but they're actually putting it
out to bid to get the final drawings so there's some other things that they neecL Storm water calcs
but Mark Littfin has approved those and I'll let s~neone f~om AMF. K2 ask those questions
regarding the thenml oil building.
Mark Wasescha: Fm Mark Wasescha, architect. The thermal oil building is.
Mayor Furlong: Excuse me, could you sl~ to the microphone so the people at home can hear.
Thank you.
Mark Wasescha: I'm Mark Wasescha, architect The thermal oil is actually mineral oil and it has
a very high flash point It's about 380 to 420 degrees, and the quantities are pretty low so it's not
as hazardous occupancy so we consider that a low hazard and it's so considered by the building
code. It's just the same occupancy as we back...the warehouse buildings so. So it's not as, it's
probably not the level of hazard as you might be thinking. Also the permanent building is served
by a fire loop and we're going to maintain that and it's actually going to have to change a little bit
to go around this addition also.
Mayor Furlong: Okay, good. Thank you.
Todd Gerhardt: Mayor, council me~. The applicant will have to follow aH building codes
and fire codes for him to, for them to get their occupancy permit, like any other applicant for
building permit. So you know, it will be a safe ~.
Mayor Furlong: Any other comments?
Councilman Lundquist: We have a Planning Commission me~ present in the audience. Do
you want to say anything to represent the Commigsion and any of the concerns that your group
had on this?
Bruce Feik: Really, I'm Bruce Feik. The Planning Commission was primarily concerned with
noise to the west and to the south. It was brought up by numerous of the residents and that was
why it was focused on as well as ~dditional tree~ on the north side.
13
City Council Meeting - April 14, 2003
Councilman Lundquist: And do you feel like the additional beaming and that will satisfy those
requirements and mitigate those?
Bruce Feik: It will definitely help visually. It's a long haul from that parking lot to the
residences. I'm not sure what else you could do...
Councilman Lunckluist: Okay, thanks.
Mayor Furlong: Any other comment or questions? I guess quick comment I'd make, and this
would be I think a request of Mr. Gerhardt to one of the issues that camm up at the public hearing
at the Planning Commission was with regaxd to traffic and the speed of traffic along Coulter
them, and that might be something that we can relay back to Sergeant Olson so that they could
maybe watch that a little bit more closely or put their trailer over there or something to help
people recognize what the speed limit is. The other comment I'd like to say is, plain and simple,
thank you to General Mills for making the continued commitment to our city. You've been a
good corporate neighbor and through the comanen/s that I saw in the Planning Commission notes,
being attentive to our neighbors concerns about noise and traffic and we appreciate that so thank
you for making the commitment to our city. We very much enjoy that. Is them, if there are no
other comments, is there a motion?
Councilman Peterson: Motion to approve.
Mayor Furlong: Is there a second?
Councilman Labatt:
Kate Pumenson: There's two motions.
Mayor Furlong: I'm sorry. Do you want to do these separately.
Roger Knutson: You can combine them in one motion.
Kate Aanenson: I just want to make sure it was clear that them was.
Councilman Peterson: That was my inten~
Mayor Furlong: And that was your's too? Alright. Without objection, even staff objection, we'll
call the question.
Councilman Peterson moved, Coundlman Labatt seconded to approve the Conditional Use
Permit #2001-2 to permit development within the Bluff Creek Overhy Dislriet as ~hown on
plans dated March 24, 2003, based on the findings of fact and subject to the following
condition:
1. The developer shall enter into a site plan agreement for the property.
All voted in favor and the motion carried nnanimously with a vote of 5 to O.
Councilman Peterson moved, Councilman Labatt seconded to approve Site Plan Review
02003-2 for a 45,600 square foot office warehouse addition and a 730 square foot thermal oil
14
City Council Meeting - April 14, 2003
building as shown on plans dated March 24, 2J)03 with variances, subject to the foIlowing
conditions:
,
Submit storm sewer sizing for a 10 year, 24 hour storm event and pond design
calculations.
.
Add the latest City standard detail plate numbers 1002, 2202, 2203, 3101, 3102, 3104,
5201, 5203, 5207, 5214, 5215, 5217, 5300, 5301, and 5302.
3. Show the proposed watermain and storm sewer pipe, class and slope.
4. Any off-site grading will require temporary easements.
5. Any retaining walls over 4 feet in height need to be designed by a registered engineer.
6. Add a storm sewer schedule.
7. Add a note "Any connection m existing manholes shall be core drilled."
.
The underlying property has been previously assessed for sewer, water and street
improvements. However, the sanitary sewer and water hook up charges will be
applicable for the new addition. The 2003 mink hook up charges are $1,440 for sanitm'y
sewer and $1,876 for watermaim Sanitary sewer and watermain hook up fees may be
specifically assessed against the parcel at the time of building permit issuance and are
based on the number of SAC units for the new building add_itions.
9. Two additional signs shall be posted, no left exit and no left turn.
10.
Manholes with two foot sumps shall be installed as the last road accessible structures
prior to discharge into the stormwater pond.
11.
The applicant shall work with staff to ensure the existing storm water infras~ is
maintained and functioning properly, including any necessary i ,mpmv~ such as
increase in pond volume to accomnmdme any increased runoff rates.
12.
The applicant shall apply for and obtain permits from the appropriate regulatory agencies
(e.g. Riley-Purgatory-Bluff Creek Watershed District, Minnesota Pollution Control
Agency, Minnesota Depamnent of National Resources, Army Corps of Engineers), and
comply with their conditions of approval.
13. Building official conditions:
a.
The addition is required to have an automatic fire extinguishing system.
The plans must be prepared and signed by design professionals licensed in the
State of Minnesota.
Detailed oc~upailcy ~ buildiI~ area relatt~d cod~ require~l~ts cannot be
reviewed until ftuther inf~on is provided. It is evident that the proposed
addition will create exiting and high pile storage issues in the existing building
that must be examined.
14. Silt fence shall be removed when consuucfion is completed.
15
City Council Meeting - April 14, 2003
15. Work with staff to select possible alternate evergreen over the Colorado Spruce.
16. Place at least 2 more evergreens on the northeast in front of the cooling units.
17. Work with staff to consider screening to the wesL
18. Work with staff to check lighting compliance.
19.
The parapet will be increased in height as necessary to fully screen the rooftop equipment
on the addition as required by ordinance.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
REQ~ FQR AN AM~NDMIr~NT TO ~ ARBQRETUM BU~ PARK ~
STANDARD8 TO PERMIT ~NAL ~_,,R~~ AS A PERMrI'FED I,I~E~ AND
REQ~ FOR ~ITE PLAN APPROVAL FOR A 9J~0 SOUARE FOOT ONE-S~RY
BUILDIN0~ LO(~ATED AT (~QRIN)RATE PLA(~ AND t~_.aNTURY BOULIWARD~
CENTIeqiY BQI. YLEVARD (~QI~T~ l~,I~ PARTNER~ LLC A[~ 8~
DEVELOPMENT~ INC.
Name Address
Patti E. Newman
Jeff Berends
Gene I-Ielsene
Chris Helsene
Fred Richter
20006 Texas Avenue, Prior Lake
3610 County Road 101, Wayzata
11613 Shady Oak Drive, Minnetonka
5685 Grant Lorenz Road, Shorewood
3610 Cotmty Road 101, Wayzata
Kate Aanenson: Thank you. Again there's 3 actions for tonight. One would be amendment to
the PUD standards, the second is site plan approval, and the third is the sign variance. I'd like to
just take a minute and kind of go back and talk about this PUD. When this PUD came in, it's
guided industrial. We did allow for up to 25 percent ancillary co~, and I think the City
Council at that ~ was pretty discriminaW~ in how they decided where those commercial and
what type. Kind of a short list of what worked to support the indusuial. For example we've got
the gas station at the southern end. We approved the bank. So part of this amendment for
services which we've attached at the back, which we use the standard industrial classificatio~
What we talked about is, and looking at that there's probably some other uses that would suppart
this development. Specific in this area is hair care, but some other ones too. Photographic
studios, those sort of things that would again, so in your staff report, nc~ only does thig PUD
amendment apply to this specific application tonight but there's two otlz~ co~ properties
that are shown with a star that those two apply. So this is the entire PUD. The commercial ones
were called out here so... This is our subject site in kind Of a larger super block, which is actually
on this site. It's Lot 1 up there. So we've approved the bank. The daycare is in and now we're
talking about this. This came in, it was a subject site called Lot 2. It has changed, which I'll
show you in a miuute, but when this originally came in there was a traffic study that was done for
the area. There was concern that this was an uncontrolled access off of Century. We didn't want
the traffic to back up into the site so there's actually a condition put in there that says when it gets
to service level D or F that the City could go back and evaluate that I know questions did come
16
City Council Meeting- April 14, 2003
up. I don't know but I have a copy of that so there is quantitative measurement tools that we can
go back and m-address it and that' s a part of the subdivision, so it applies with the sulxlivision is
the problem, and the City Engineer can take those, take that study and again those are standard
tramportation model manual that we can go back do that, so with that it is right now a full access.
Again that was tied with the subdivision. So the ~c set-up that we're looking at tonight is
this piece. The lot too. When this went to the Planning Commi~ion, when it first cax~ in they
were looking at fast food. Again fast food wasn't contemplated in this area. I think it just brings
a different type of lxaffic circulation patterns and peaks so we never anticipated fast food so that
application, while it may be fast food, the ctrive thru is not, no longer an application was
originally came in, that was contemplatecL The building also shifted orientation. Again the
applicant worked well with the staff to come up with...desiLms. The site plan itseff, all brick
building with some EIFS on the top. Again it's compatible axchitecmre with the existing bank
and the daycare so it fits in really well. The Planning Commission had some concerns about
additional articulation and so they've added a condition on that. The other issue was the
sidewalk. There is sidewalks on the bank and on the daycare side, which would be the extension
of the street. There was a condition or concern on Planning Commission that Atla_itional sidewalks
be on Century. Aga~ that's part of the subdivision. This is a site plan. It'd be hard to go back
and ask this applicant to put that back in, but that was ~y a concern that was raised. So
with that, the conditions, there's two motions in hem. Three motions. They're shown on page,
starting on page 2. Again with the Planning Commission update. Again the one, if you look at
the difference between the staff and the Planning Commission, the ~ Commission s_d_d_~
additional 31. The applicant be shown to direct the median opening. That doesn't follow through
on our conditions. We only go up to 30. The staff again; that condition nnmher 31. The llexus
for that or the appropriate place for that condition would close with that subdivision of that piece
of property. This isn't being subdivided but we're tracking that issue too and are aware of that, if
that makes sense. It'd be difficult to put the sidewalk on somebody else's property when this is
coming in for a site plan, there's no subdivision.
Mayor Furlong: Excuse me Kate. 31 speaks to the median open_ lng. But you address that, that's
already taken care of.
Kate Aanenson: That's with the subdivision.
Mayor Furlong: Once traffic gets to a point we have a right to make changes.
Kate Aanenson: Right. Right. Right, and the sidewalk issues. Othea'wi~ the conditions are
consistent. So that is tracked somewhere else, I'm sotry...but that is tracked somewhere else,
right, and that's in the subdivision and the applicant's aware of that. And the owner of the
building. So with that, I'd be happy m answer any questions that you have.
Mayor Furlong: Questions for staff.
Councilman Peterson: The windows that we talked about, which builds some architectural
interest. Were they real windows or were they facades?
Kate Aanenson: They're real windows. Yeah. Let me just talk about the sign variance real
quick, I'm sorry. They wanted signs on four buildings. On four sides of the building, let me go
back to the site plan. They have 2 street fixmtages. This is similar to the Giant Panda issue
where you've got 2 sm~et frontages but most of the visibility's coming faxma here, so they did
allow with the variance to give them 3 ~ frontages, but not on this...because the north side
faces the bank and you're really not getting much visibility on that side, so the Planning
17
City Council Meeting - April 14, 2003
Commission did concur to give the variance for one additional side. Excuse me, south, east and
west for the variance for the sign.
Councilman Lundquist: Kate and you said that the bank blocks the north view from Highway 5
anyway?
Kate Aanenson: Correct. The bank in front that building, yeah.
Councilman Lundquist: Okay. And the applicant's here too.
Mayor Furlong: Thank you. Any other questions for staff at this time? Would the applicant like
to say anything? Or address the council.
Fred Richter. Fred Richter with Steiner Construction Services. With me tonight are Gene and
Chris Helsene, the owners and they're also the major tenant. They're bringing their business to
Chanhassen. The hair studio or salon. And Paul Nelson's with them and is the broker doing the
leasing on the building. I think everything is straight forward. Falargi~'ng the windows, the
sidewall Everything is not an issue and we're taking any debate with all of these clauses in the
development contmcL The only thing we want to focus on is the siomaage issue. This building's
location, the small building. It's one of the few commercial type buildings that will be in
Arboretum Business Park It was design~ as a, kind of a multi-sided, symmetrical with the
gables so it's really set up to accept signs on all sides. The leasing plan of the building is one that
they are developing this building for long term, various small tenants that will have the service,
support service to the park so they can break up the building in the elongated pattern or they can
split it up where entrances can come into, entrances from all four sides. ~ we did present this
to the Planning CommissiOll it's fair to say it was very late, midnighL They were gett~ a little
exhausted and we had a good dialogue on what the signage should be. Knowing that the city's
zoning ordinance or sign ordinance talks about street frontage on 2 sides, thi~ is a very unique
situation just because of the easement roadway around this site. The bank sits on the north
towards Highway 5. This building south of that faces Century, faces ~ place and faces
the, to the west to develop ultimately in the ~ carious. And the developer really feels,
with a taste of this architecture, the exposure of the building, it's really good for the development
to have signage on all 4 sides. So...the building is setting up in these gables for rather small
amount of signage inbetween the gable, very similar to the bank. And the owner of the building,
obviously I'm speaking for their concerns also... I don't know if you want any more detail.
Mayor Furlong: Okay, thank you. Are there any questions for the applicant at this time?
Councilman Lundquist: The way this, that building is laid out there's no parking currently on
that north side? Is that correct? If rm looking at the right drawing here. Right, okay.
Kate Aanenson: This is the easement...
Councilman Lundquist: Right. So there's only parking on the east alld west side and the road to
the south.
Fred Richter. Right. And there's, but there's car movements.
Councilman Lundquist: A driveway along the north side, okay.
18
City Council Meeting- April 14, 2003
Councilman Peterson: So Fred point out the potential sites for signs ttm~ just to get a good
visual.
Fred Richter: There's 1, 2, 3 gables on the east. 3 gables on the west. One gable on the north,
one gable on the south. What I talk about, and Helsene found, right now they're negotiating with
the tenant that is a sit down, small restaurant property for this area, and then they've got their
barber shop here. There could be a tenant going this way and that way and another end cap. The
kind of goal from a leasing standpoint is really support services that don't fit in the larger
Arboretum Business Park building. Our smallest tenant is basi~y 6,600 square feet in the
majority of our buildings. The All About Lights building is maybe 4,000, so thig is the only place
where 1,000 square feet, maybe even 500 if it's a small oh insurance agency, small brokerage
house. Maybe a small dry cleaners, that type of thing. So that' s kind of the back?ound to this.
The building architecturany is very conservative in the sense that it's the darker brick. The
gables ties in with basically the same character of the Kindercam and the bank.
Mayor Furlong: Any other questions? What's the, and it's probably in the packet and I just don't
recall, what's the total square footage of the buildi~?
Fred Richt~. About 10,800.
Mayor Furlong: Okay. Any other questions for the applicant at this time? No? Thank you.
Discussion. We'll bring it back to council for discussion purposes.
Councilman Peterson: I think the real issue is the sign. Everything else in the building, it's a nice
looking building. It fits in there and it serves a value to that business park. I don't have a clear
decision or answer on the sign issue. Fd be probably leaning towards approving the vaxiance, but
not without a reason.
Councilman Labatt: Well maybe I can make you lean a little n~re Craig. As you drive by 5
you're going to see this building, you know and with all your signage on the front, what's in that
building. Taking a quick look, you're not going to see. I'm strongly in favor ofthe variance. It's
set back off a little bit. It's a nice building with the gables and it would to me, it would have that
gable there and have advertisements or signage on the other gables and the east and west and
south side. Nothing on the north side. I just, there's aspects of our sign ordinance that I disagree
with and this is one of them where I think that we should be giving a variance here to allow for
signage on the north side. Where it's set back off of a road a little bit more than average and if I
were a tenant or a owner of the building I would want maximum exposure to my business. They
invest in our community here and let's show some latitude.
Mayor Furlong: Other comments?
Councilman Ayotte: I'll go with the variance also. I don't, because of the appeal to balance the
building I feel pretty good about it and I think we have to take each one individually and the fact
that a small business needs every edge. So I feel comfortable with ic
Mayor Furlong: Yeah I guess my comment given the multi-tenant of small business, if that could
be a sole entrance to a business and if you could have sole entrances to businesses on all 4 sides,
for the last business in not to have a sign doesn't seem to make much sense to me. That doesn't
work so on that regard, given the specific nature of thi~ building and it's location I would concur
with the sign variance. Any other discussion? We have 3 motions that we need to address here,
is that right Kate?
19
City Council Meeting - April 14, 2003
Kate Aanenson: That's correct
Mayor Furlong: ...need to be modified so is there a motion? We could either take these
separately or together, either one. Is there a motion?
Councilman Labatt: I'll move that we approve an ordinance amending the Planned Unit
Development for Arboretum Business Park ad_din~ personal services as a permi~ co~
use, and as the Third Amendment to the Arboxetum Business Park Development Cxmtmct/PUD
Agreement.
Mayor Furlong: Is there a second? That's item A in our packet.
Councilman Peterson: Second.
Mayor Furlong: Any discussion on that motion? Seeing none and without objection we'll call
the question.
Councilman Lalmtt moved, Councilman Peterson seeonded to approve an ordimmee
amending the Planned Unit Development for Arboretum Business Park odaing person~!
Business Park Development Contract/PUD Agreement. Ail voted in favor and the motion
carried unanimously with a vote of 5 to 0.
Mayor Furlong: Is there a motion on B?
Councilman Labatt: And I would approve, move that we approve Site Plan g2003-1, plans
prepared by Steiner Construction dated February 14, 2003 and revised March 12~, subj~ to the
following conditions 1 through 30.
Mayor Furlong: 1 through 30 as presented. Is there a second to that motion?
Councilman Peterson: Second.
Mayor Furlong: Any discussion on that? Seeing none and without objection we'll call the
question.
Councilman Labatt moved, Councilman Peterson seconded to approve Site Plan ~1,
plans prepared by Steiner Construction Services, dated February 14, 2003, revised March
12, 2003, subject to the following conditions:
The developer shall enter into a site plan agreement with the City and provide the
necessary security to guarantee erosion control, site restoration and landscaping.
1
The developer shall provide an addition al 150 square feet of fenestration on the south end
of the building and 190 square feet of f~on on the east side of the building. Faesade
transparency on street frontages shall maintain 50 percent of the wall area to the top of the
brick.
City Council Meeting- April 14, 2003
,
,
,
,
Si
1
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
01
Sidewalk connections and pedestrian ramps shall be included from this site to the
properties to the north and west. Additionally, pedestrian access, including pedestrian
ramps, shall be provided from the building to the trail on Corporate Place.
The developer shall add parking facilities for bicycles. Is a restaurant use is included on
the site, benches or tables shall be added.
The trash enclosure shall be made of the same msterial as the building and may not use a
chain link fence.
The developer shall increase landscape plantings in the east buffer yard to meet ~
requirements. A revised landscaping plan shall be submitted before final approval.
Storm sewer design data shall be submitted for staff review.
A professional civil engineer registered and licensed in the State of Minnesota mllst sign
all building plans.
Sanitary sewer and watermain hookup char~ will be applicable for each of the new lots.
The 2003 trunk hookup charge is $1,440 for sanitary sewer and $1,876 for watenmi~
Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at
the time of building permit issuance.
Relocate the parking lot from the north side to the east side of the building.
Add two more street lights along the west side of the building at the southwest and drive
Add the latest City Detail Plate No. 3101, 5201, 5203, 5206, 5215, 5300, 5301.
Add a note "Any connection to existing manholes shall be corn drilled".
Show existing sewer details, type, class, slope, size.
In the utility plan, revise the proposed catch basin (BC- 1) invert to match the existing stub
invert.
Add a benchmark to the plans.
Revise the existing storm sewer flow direction along the south side of Corporate PLace.
The building is required to have an automatic fire exfingni.qhing system.
The msible parking space access aisle on the east side of the building must be a
minimum of 8 feet wide to accom~ste- van parking.
Detailed occupancy retailed requirements cannot be reviewed until complete plans are
submitted. The owner and/or their representative shall meet with the Inspections Division
as soon as possible to discuss plan review and permit procedures.
21
City Council Meeting - April 14, 2003
21.
22.
23.
27.
A PIV (Post Indicator Valve) will be required on the fire service water line coming into
the building. Contact Chanhassen Fire marshal for exact location.
Fire lane signs and yellow curbing will be required. Contact Chanhassen Fire marshal for
exact location of '~no parking fire lane" signs and curbing to be painted yellow.
One additional fire hydrant will be required on site in line with the fire service water line
coming into the building. Contact Chanhassen Fire marshal for exact location of
additional hydrant.
All radius tums shall be designed to acco~ the turning of Chanhassen FLre
Department's largest apparatus. Submit radius turns and dimensi~ to the Chanhassen
City Engineer and Chanhassen Fire Marshal for review and approval. Pumuant to 1997
Uniform Fire Code Section 902.2.2.3.
A 10 foot clear space must be ~ around fire hydrants, i.e. street lamps, trees,
shrubs, bushes, Qwest, Xcel Energy, cable TV, and transformer boxes. This is to ensure
that fire hydrants can be quickly located and safely operated by fire fighte~. Pursuant to
Chanlutssen City Ordinance #9-1.
Builder must comply with water sea'vice installation policy for ~ ami industrial
buildings. Pursuant to Inspection Division Water Service Installation Policy W34-1993.
The builder must comply with the Chanhassen Fire Depmrtmen~ Prevention Division
regarding maximum allowable size of domestic water on a combination water/sprinkler
supply line. Ptn, suant to Chanhassen FLre DepartmeaR/FLre Prevention Division Policy
#36-1994.
The applicant shall install Type H silt fencing and remove it upon completion of
construction.
29. The applicant shall get an approved pav~t section from engineering staff.
All voted in favor and the motion carried unanimously with a vote of ~ to O.
Councilman Labatt: And I would move that we approve a sign variance to permit wall signage
on the west, east, south and north side of the subject property. I guess I didn't take them the
compass order.
Mayor Furlong: I was waiting for the top to come in. Is there a second on that motion?
Councilman Ayotte: Yeah, I'll second.
Mayor Furlong: Any discussion? Seeing none and without objection weql call the question.
Councilman Labatt moved, Councilman Ayotte seconded to approve the sign variance to
permit wall signage on the north, south, east and west side of the building. All voted in
favor and the motion carried unanimo~ with a vote of 5 to O.
Mayor Furlong: And again, thank you for your commitment to our city and welcome to the new
businesses.
City Council Meeting - April 14, 2003
Councilman Peterson: Get the last ones done Fred. You don't have much left.
Fred Richter: One other person to introduce. This is Jeff Berends from our office. He'll be
dealing with the city...
Kate Aanenson: Fred's leaving.
Mayor Furlong: Thank you Fred.
Kate Aanenson: And we're sad about that.
Councilman Peterson: Retiring because you rrmd_e so much money in that park?
Kate Aanenson: He's been great to work with.
Fred Richter. You don't want to know.
Councilman Peterson: Thanks Fred.
~ CQDE AMENDMENT, ~ 18, ENVIRQNMENTAL ~ ~rlJ-DY FEE~i
IN~UDING APPROVAL OF SUMMARY QRDINANI~E FQR PI~LIC.~ATIQN
P~'OS~.
Kate Aanenson: That's pretty much it. I just want to make one clarification. This ordinance
allows us to again recoup the costs of requiring environmental studies which we'll be shaatly
undertaking. And I just want to clarify, when we talk about the word cost, that we can probably
also include that...cost to include administrative and finandal costs. So just faa your clarification
SO.
Mayor Furlong: Thank you. Any questions? To staff. Any discussion? I guess the issue on the
cost was a question I raised and is that something that we have to specifically amend aa is that
just something that is a practice aa is that SOmewhere else in our code? I think the issue hem is
when we're, when the city is funding such as the AUAR faa 2005 MUSA, we're funding that
now, the development doesn't occur faa a number of years. We're up-fronting that money,
there's an opportunity cost there. Adminislrufive cost
Roger Knutson: There's a financial cost to the city in up-fronting the money. I think that's
included.
Mayor Furlong: That falls within cost.
Roger Knutson: ...if you feel more comfortable you could add those terms.
Mayor Furlong: That is not necessary. I would just, this covers that?
Roger Knutson: Yes.
Mayor Furlong: Thank you. I have no more questions. Any discussion? Is them a motion?
Councilman Peterson: Motion to approve.
City Council Meeting- April 14, 2003
Mayor Furlong: Is there a second?
Councilman Lundquist: Second.
Mayor Furlong: Any discussion on the motion?
Councilman Peterson moved, Councilman Lundqulst seconded to approve City Code
~.mendment to Chapter 18, li]nvironmeiltal Stxldy Fee~ illC[ndtnoo approval of summary
Ordinance for publication purposes. Ail voted in favor and the motion carried
unanimously with a vote of S to 0.
Roger Knutson: Mayor, we also have a motion to approve the summary for publication. That
would save you some money.
Mayor Furlong: Thank you.
Todd Gerhardt: Good catctL
Mayor Furlong: We have two motions on thig item. Thank you. Is there a motion to approve
summary ordinance.
Councilman Peterson: I moved both.
Kate Aanenson: That's what I assume. We put those in the paper.
Roger Knutson: Alright. I was going to ask but I didn't want to...
Councilman Peterson: You should know by now, whenever there's 2 or 3 1 always means all of
them.
Kate Aanenson: Just to be clear, that goes in the paper.
Councilman Peterson: Unless otherwise stated.
Todd Gerhardt: Same thing on those police contracts Nann.
Mayor Furlong: I think we broke those down.
Todd Gerhardt: Okay I'm sorry, I missed that one.
Councilman Lundquise Craig likes the broad ~
Mayor Furlong: Okay we'll move on.
CON$] NT A( ] NOA: (F) APPROVAL OF CHAN( g ORO R POLICY.
Councilman Lundquise A question I had. Roger the, under Roman Nmma'al 1I on the policy,
number 6 is, city contracts relating to projects proceeding under MS429 will not be expanded by
more than 25 percent. And under number, Roman Numeral 111: Procedure, number 6. It talks
about a change order, approval amounts and there's an ove~ 75,000 that will be considered a work
scope change and procesr~ as a supplemental agreement My q~stion is, if thexe's smmthing
City Council Meeting - April 14, 2003
that falls inbetween there, let's say it's a $100,000 contract and we have a $30,000 change order.
We have one thing that said it wouldn't, that it won't be expanded by more than 25, and we have
another one that says that it doesn't have to be a work scope change unless it's over 75, so.
Roger Knutson: The more restrictive would apply in the situation. For example, the 25 percent
on item number 6 is fight in Minnesota Statute Chapter 429, which would specifically prohibit
you. So if you have to go more than that, then you might far example have to go out and get
another bid potentially.
Mayor Furlong: Okay. Is that all?
Councilman Lundquist: Yes.
Mayor Furlong: Any other questions or discussion?
Councilman Labatt: I just wanted to make a comment to, thi~ is a great document to have. It
would have been nice to have it 2 weeks ago but it's.
Todd Gerhardt: This will be included in all our plans and specifications when we go out to bid
too. So we'll attach it as an addendum to those, or include them in those contracts.
Mayor Furlong: Yeah I agree. I think in terms as well of bringing everything in aecardance with
city policies, we passed a purchasing policy earlier this year which laid out some guidelines. I
know this was done consistently but aiso that included ethical practices as well so that eliminates
some of those questions as well so I agree with Councilman Labatt, very well done and appreciate
the quick tuna around. Any other questions or comments or discussions? Do you want to make a
motion?
Councilman Lundquist: Motion to approve the Change Order and Suppl~t Agreeamms
Policy.
Mayor Furlong: Is there a, you're going to do both of them in the same one?
Councilman Lundquist: Yep, I'll go for, since Craig's not here.
Mayor Furlong: Is there a second?
Councilman Labatt: Second.
Mayor Furlong: Any discussion on the motion?
Councilman Lundquist moved, Coundiman Labatt seconded to approve the Change Order
and Supplement Agreements Policy. All voted in favor and the motion carded
nnnnimflusly with a vote of 4 to O. (Cl~ Peterson was not preseat for the vote.)
COUNCIL PRESENTATIONS.
Councilman Lundquist: Nothing on Highway 41.
Mayor Furlong: Wasn't there an open house on Highway 417
City Council Meeting - April 14, 2003
Councilman Lundquist: There was.
Mayor Furlong: Okay, very good. Any other council presentations? We did have a, I think
everybody, most everybody was there, at the Eastern Carver County Les_d_e~rship. An opp~
to present our city's strategic plan along and hear the strategic plans and initiatives of our
neighboring cities and the school district and the county which was a very good evening. Time
well spent so I think that's good. It's a way for us to work together with neighboring cities and
with the school district and county to coordinate our initiatives. Look for opporttmities to work
together where we have commoll gOals.
Todd Gerhardt: I sent out a summary e-mail from that meeting. Did everybody receive that?
No? Then I must not have sent it out. Alright, I'll do that.
Todd Gerhardt: I got a summary from the school district.
Mayor Furlong: We'll look for that tomorrow.
Todd Ger~t: Thought I sent that out.
Mayor Furlong: Okay. Any other council presentations? If not, any administrative presentati~
Mr. Gerhardt?
Councilman Lundquist: I'll take a mulligan Mr. Mayor. Fll take a mulligan on the cotmcil
presentations. We, for the audience at home, we had an opportunity tonight to tour the new
library that's under construction and I have to say it's a big building. It looks i .m~sive at this
point and looking forward to the opening on the 16~ of August is slated right now. Open for
business, so.
Mayor Furlong: Gocxt, thank you.
ADMINISTRATIVE PRESENTATIONS.
Todd Gerhardt: Just any questions on the correspondence packet? The~ were 2002 un-audited
revenue and expenditures in there. Just wondering if anybody had the opporumity to look at thac
If you haven't, you can give me your comments later on. I'm going to be sitting down with
Bruce later in the week to go through some of those items so if you have any questions let me
know. Other than that, there's nothing new to reporC
Mayor Furlong: Okay. Thank you. We've completed our items. If there's no other items before
the council we will hold off on adjournin~ for another 2 hours and 45 minutes so that we get our 4
hours in. Mr. Labatt said that he wanted to... Is there a motion to adjourn Councilman Labatt.
Councilman Labatt moved, Councilman Lundquist seconded to adjourn the meeiing. All
voted in favor and the motion carried. The City Coundl meeting was adjourned at 8:4S
pall
Submitted by Todd C~rhardt
City Manager
]:~rep~ by Nnnn Opbeirn