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CC 2007 05 29 CHANHASSEN CITY COUNCIL REGULAR MEETING MAY 29, 2007 Mayor Furlong called the meeting to order at 7:00 p.m.. The meeting was opened with the Pledge to the Flag. COUNCILMEMBERS PRESENT: Mayor Furlong, Councilman Peterson, Councilwoman Ernst and Councilman Litsey COUNCILMEMBERS ABSENT: Councilwoman Tjornhom STAFF PRESENT: Todd Gerhardt, Roger Knutson, Laurie Hokkanen, Kate Aanenson, Paul Oehme, Lori Haak, and Todd Hoffman PUBLIC PRESENT FOR ALL ITEMS: Kathleen Thomas Planning Commission F. Ernst 840 Cree Drive M. Senn 7160 Willow View Cove Tom Workman 181 South Shore Court Mark Undestad 8800 Sunset Trail Forrest Adams Chanhassen Villager Rick Dorsey 1551 Lyman Boulevard Debbie Lloyd 7302 Laredo Drive Dennis Hansen 6450 Pleasant View Circle PUBLIC ANNOUNCEMENTS: Mayor Furlong: Thank you and good evening to everyone. To those in the council chambers as well as those watching at home. We're glad that you joined us. On behalf of the City Council, it looks like everybody had an enjoyable Memorial Day weekend and spent time with family and also remembering our veterans that served. At this time I'd like to ask members of the council if there's any modifications or changes to the agenda? If not, without objection we'll proceed with the agenda as published. CONSENT AGENDA: Councilman Litsey moved, Councilman Peterson seconded to approve the following consent agenda items pursuant to the City Manager's recommendations: a. Approval of Minutes: -City Council Work Session Minutes dated May 14, 2007 -City Council Verbatim and Summary Minutes dated May 14, 2007 nd d. Approval of Lease with Cingular for Cell Tower on West 82 Street Water Tower. City Council Meeting - May 29, 2007 e. Approval of Encroachment Agreement, Autobahn Motorplex. f. Approval of Extension of Preliminary Plat, Liberty at Creekside. All voted in favor and the motion carried unanimously with a vote of 4 to 0. 1(B). APPROVAL OF LODGING TAX. Councilwoman Ernst: Mayor, I feel that this is a very significant issue and I, so I feel that all City Council members should be present before voting on this. Mayor Furlong: Okay. Councilwoman Ernst: So I'd like to make a motion to table. Mayor Furlong: Okay. Is there a second? Councilman Peterson: I'd second that. Not for the same reason but. My second would be, and basically I just, I wasn't, didn't have the opportunity to be at the last meeting it was discussed at the work session so I would just like a little bit more opportunity to discuss it so I don't think every council member needs to be here for that but I think we mixed a few budget meetings without all council people but so I'm comfortable seconding the motion on that basis. Mayor Furlong: In terms of, Councilman Peterson just so I understand. Your thoughts in terms of spending some more time. How would you propose? Councilman Peterson: I guess to spend my issue is just to talk to the Chamber a little bit more. I did that earlier today. I just want to have really more dialogue with them to get a perspective of what the money's going to be spent on so I could accomplish that myself. I know Mr. Litsey, Councilman Litsey's already offered to attend that meeting so. Councilman Litsey: Yeah, I think that's a reasonable thing is to postpone this for now so we can have some more dialogue. So I'd support that too. Mayor Furlong: Alright. Todd Gerhardt: Mayor, council members, would you like this as a work session item? You want to just address it on the side? You just can't have more than 2 council members attend. Mayor Furlong: I guess, it sounds like it's not a big issue. Councilman Peterson: No, I just need more time so. Mayor Furlong: Councilman Litsey was at the work session. You're familiar with that. I say let's do it with the two of them and depending on the nature of that and the information they 2 City Council Meeting - May 29, 2007 receive back from the Chamber, if it warrants another work session we can do that. But let's see what the results of their discussion and inquiry is at this point. Councilman Peterson: By chance if we can get everybody there, great. Mayor Furlong: Okay. Alright, there's been a motion to table. It's been seconded. Councilwoman Ernst moved, Councilman Peterson seconded to table the lodging tax. All voted in favor and the motion carried unanimously with a vote of 4 to 0. Todd Gerhardt: Mayor, I'd just like to extend thank you to the Chamber members that attended. We'll be in contact with you. VISITOR PRESENTATIONS: Doug Swanson: I'm not sure what the mass exodus is all about. My name's Doug Swanson, 1780 Koehnen Circle West. I'm under the kind of condition that's a little muddy around my house because they're doing the construction right now. I was here a couple months ago and I talked to all our neighbors and I've had them sign, the only thing we were requesting about 2 months ago, year and a half ago was that we get the surmountable curb. Instead we're going to get the 16 inch curb. I've talked to the guys who are actually doing the construction and their engineering plans actually say no, we didn't get what we asked for. So I've gone around and the only person I haven't, I don't know who to give this to, but the only person I have not talked to. Or I should say I've talked to them all. The only one I really can't touch in person is Gary Brown. He's up at his cabin, so I know he's very, he's been in Chanhassen a long time but he's obviously at his cabin. He's the only one I did not get to sign that. There was one other gentleman that did not sign but a majority of us did on Koehnen Circle West. The only thing we were asking for is to, I mean if we're going to pop for some of this money, we would just like the surmountable curb to be installed, at least in our dead end if you want to call it, or cul-de-sac. The Pheasant Hill Addition is right next to us. Has the same style of curb, it was about 2 months ago when the engineer was here and talking about this. He really couldn't say the price was any difference. I do remember one of the council members, or council person made a motion to find out what the actual price difference was, or if there was a price savings or what. I don't know what became of that. Mayor Furlong: Well I think I'll defer to City Engineer Mr. Oehme but I know that was a question brought up before the project was approved and the city staff spent some time contacting residents on this same issue so, Mr. Oehme? Paul Oehme: Yeah, we did follow up with a neighborhood meeting after the bids were opened and we did take bids on the alternate, surmountable curb and gutter issue that this gentleman alludes to. You know at that time we did follow up with several property owners and at that time we did not feel that there was an overwhelming support for the surmountable curb. We brought back the pros and the cons each of those types of curbs and at that time we did not hear an overwhelming support for either one so staff recommended going with the B618 high back curb. 3 City Council Meeting - May 29, 2007 Doug Swanson: Our whole addition, no one ever told us, involved being contacted, of all the people, the 8 people that are living on that addition, or that dead end. We were not contacted so I don't know if you skipped our corner. I know we live you know so far, we're only one lot away from Hennepin/Carver County line and I actually do more of my accessing into the Minneapolis- St. Paul area through Highway 7 so I don't usually come through here so I feel like I'm kind of guessing up there. Like some other people in your little corners of Chanhassen but we were not contacted for this opinion, and that's why I'm here. Paul Oehme: Okay. Mayor Furlong: I guess what I would suggest at this point Mr. Swanson, why don't you meet with Mr. Oehme and talk to him. See what can be done, if anything. Find out the information. Doug Swanson: Yeah, they were just barely my end down, more rock and everything else. The waste water, where you want ground water hasn't even been installed yet. I mean it's not too late and that's why I'm here. Mayor Furlong: And I appreciate the time with us but obviously you should meet with him and find out, with Mr. Oehme and find out what can be done and what the options are. Doug Swanson: We've been bounced around to a couple people and stuff like that and everybody says finally go to City Council… Councilman Litsey: I guess curious as to one question here. Why the preference for that type of curbing? Doug Swanson: I mean I grew up in Minneapolis. There was actually another Swanson on there that is not related to me. She has kids with some of these smaller cars. I mean I lived in Humboldt Avenue in Minneapolis, over there by Lake Calhoun. I remember getting into regular sized cars, everybody piles in the cars when the door was open. The doors, or the cars squat down a little bit. Scraps the bottom of the door. Concrete anything. A lot of these cars are coming out and they're smaller and smaller and there's smaller profile. You can actually have more damage to bottoms of cars, especially with these kids starting to drive smaller cars. So there is that aspect. There's a lot of people that would like to have relatives park in their yard when they have a party or even just driving the garden tractor. If it goes off that 6 inch curb, you could damage your garden tractor. So there's a lot of different aspects. We could sit here all night and discuss them but I know you guys have got some better things to do so. Councilman Litsey: I'm just curious because the other actually there's another name for is it V curb. Is a V curb, is that what you were? Paul Oehme: B. B, yep. Councilman Litsey: B. 4 City Council Meeting - May 29, 2007 Doug Swanson: But there's actually a 6 inch long curb. I mean that's all I grew up with you know and I moved up to Chanhassen not really to get away from a lot of things but I just like the idea of even having the tar curb that we originally had when I first moved in 30 years ago. So I built in '78 and it was very easy to build here and I'd like to stay another year but I don't know, the curb and the actual road construction I guess to serve a lot of people in our area but you know it's progress and we understand that. All we're asking for helping to pay for it is get what we want. Todd Gerhardt: Mayor, I think that was a good suggestion. Paul will be in contact with you and we'll get a solution to this issue right away. Doug Swanson: And I did not go down Cardinal Avenue. I did not go down Koehnen Circle West. I went down where I actually live and people that live just west of me on the same cul-de- sac so, thank you. Mayor Furlong: Okay, thank you for coming this evening. Todd Gerhardt: Well I was out in that area today so I know what you're going through. It's kind of a war zone over there right now and appreciate you putting up with the construction. You have no blacktop anywhere in that neighborhood and anybody trying to go down your street today probably didn't get access to their garage this afternoon so, we'll be in contact. Mayor Furlong: Okay, thank you. Anyone else under visitor presentations that would like to address the council? On any matter. Okay, very good. Thank you. We'll move on with the next items on our agenda. LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE. Mayor Furlong: At this point I would invite Sergeant Ross Gullickson to come forward. Good evening Sergeant. Sgt. Ross Gullickson: Good evening Mr. Mayor. Members of council, city staff. Sheriff's report and monthly statistics for the month of April, 2007. There were 94 criminal calls for service last month consisting of 28 Part I crimes and 66 Part II crimes. Part I offenses were broken down in the following. We did have 1 arson that was reported in April on Arboretum Drive that turned out to be a trash pile that was not intentionally set on fire so when you see that 1 arson report, that was not an actual case of arson. We did have 1 aggravated assault reported th on Lake Drive East on the 16 April. The suspects and victims in this case were all Eden Prairie residents. This particular incident stems from an earlier assault that occurred in the city of Eden Prairie. Through the course of investigation the suspects were located and interviewed and nd ultimately 1 person was charged with 2 counts of 2 degree assault. Two counts of felony riot and 2 counts of, and 1 person was charged with fifth degree assault. I want to be clear with the council as to what felony riot means in this case as you may be thinking we had an all out melee going on, and why didn't we hear about this before? Felony riot is applied in this case in that there were more than 3 suspects involved in this assault and 1 person was carrying a makeshift weapon at the time. Two victims did sustain minor injuries in the assault, so when you apply the 5 City Council Meeting - May 29, 2007 definition of riot to the offense of this particular case, a charge of riot is warranted and for the nd council's knowledge, 2 degree riot is defined as quote, when there are more, when 3 or more persons assemble, disturb the peace, public by an intention act or threat of unlawful force of violence to a person or property. And when each participant is armed with a dangerous weapon or knows that any other participant is armed with a dangerous weapon, is guilty of riot. So to be clear there was no actual riot in the traditional sense that we had rocks and bottles and stuff being thrown. Believe if that would have been the case, you would have heard from me directly. We also had 2 burglaries that were reported in April, both of which were to private residences. Through further research I learned that these incidents were more of a suspicious incident type of call and that no entry was gained to these residences and nothing was taken. But it did appear that the doors may have been tampered with. The facts are inconclusive that there was an entry. There were 22 theft reports in April, and 2 vehicle thefts, both of which turned out to be unfounded. They were civil matters. Part II offenses increased slightly from March to April, from 53 to 66 incidents being reported. A majority of these calls were related again to property damage, disturbing the peace calls and we saw an increase in alcohol related traffic accidents and/or arrests. There were 938 non-criminal calls for service which brings us in April to 1,032 calls for service handled in Chanhassen in the month of April. Chanhassen deputies also conducted 322 traffic and issued 191 citations city wide. Finally Mr. Mayor and members of the council, as you are aware this is my last monthly report to you as the Chanhassen liaison Sergeant. My duties with the sheriff's office will conclude this Friday as I move on to a new position with the Three Rivers Park Police. I wanted to extend my best wishes to you as the council and also to city staff who I've worked with cooperatively over the last 11 months. They are truly a talented group of people who I've learned a great deal from and I will take those lessons with me as I assume my new duties. Mr. Mayor, members of the council, that will conclude my monthly sheriff's report on statistics. I would be happy to entertain any comments, questions or concerns that you have of me as a council. Mayor Furlong: Very good, for the few days left. Before you move on to that, I know there may be some questions of the council as well but on behalf of the council and all the citizens and businesses of Chanhassen, we appreciate your service over these last many months. You've been in the position a relatively short time but during that time you've raised the bar and identified some things that will allow us to do some things more than what we've been doing in the past with regard to public safety and crime prevention especially and we appreciate that for your service. Sgt. Ross Gullickson: Thank you Mr. Mayor. Mayor Furlong: Questions of the sergeant at this point? Councilman Litsey: Well I'd just like to echo those comments. Appreciate your service to the community and wish you well as you move on to a new opportunity so. I did have a question in regards to citations, which I presume are mostly traffic related, is that correct? Sgt. Ross Gullickson: Predominantly correct. 6 City Council Meeting - May 29, 2007 Councilman Litsey: Okay. I noticed that hear to date in 2007 there was 874 and in comparison to 2006 there was 1,416. A difference of 542 which is a reduction close to 40%. I also took a look, because sometimes that can correlate to your traffic accident statistics as well. I looked at injury accidents that occurred during those same timeframes and noticed that those were up about 40% as well and I was wondering what could account for that rather large difference between this year and last year during the same time period. Sgt. Ross Gullickson: Well Councilman Litsey there either could be a number of things that attribute to that. There could, without actually looking at each and every citation that was issued in the same period last year I would venture to say that part of those would be snowbird violations. During the same time period last year we also had a number of people in field training and a majority of their monitored or evaluated field activity is heavily weighed on traffic, so I know a lot of traffic stops were initiated in those type of context as well. Absent of looking at all the citations I guess I'd have to do a little bit more research and get back to you on that. Or my predecessor would maybe do that for you. But there might be a number of different explanations as to why the difference in traffic citation numbers. Councilman Litsey: This is one you get to pass along so. Sgt. Ross Gullickson: That's right. Councilman Litsey: And I guess what I was looking at a little bit is, last year in the same time period there was an unmarked traffic enforcement unit being used and my understanding is during this time period this year there's not. There's a fully marked squad. I was wondering how that might factor into that and what plans there are to put that unmarked traffic car back. Sgt. Ross Gullickson: At the same time period last year, January, February, March, if I recall correctly, the unmarked traffic unit did have a Chevy Lumina assigned to it. Councilman Litsey: Yes. Sgt. Ross Gullickson: And that changed throughout the course of time. That might have something to do with it as well. It's well known that unmarked traffic units do have a higher likelihood of running into traffic violations, but looking at the numbers I don't think that alone would warrant the difference that we see, or that we are seeing currently. Councilman Litsey: Okay. Can you briefly speak to the plans to bring that unmarked, I know the Dodge Charger controversy and I've already stated my position very clear on that. I thought that was unwarranted but what are the plans now to bring back an unmarked vehicle? My understanding was once the new fleet comes in. Sgt. Ross Gullickson: Once the new fleet comes in there will be an unmarked vehicle. Currently that's scheduled to come back, it will be a Crown Victoria. Unmarked Crown Victoria that will be assigned to Chanhassen. Councilman Litsey: Okay. I'll stop there. Thank you. 7 City Council Meeting - May 29, 2007 Mayor Furlong: Any other questions? If not, again thank you. Appreciate your service. Good luck. Sgt. Ross Gullickson: Mr. Mayor, I believe Sheriff Olson is here. I don't know if he wanted to say a few words or. Mayor Furlong: Sheriff, good evening. Sheriff Bud Olson: Good evening Mayor and Council. Ross, where you going? I don't think you're done are you? You know we've had quite a privilege here in the county mayor and council. Just 3 years ago I got to hire this wonderful young man and I never thought in the world in a 3 year period of time we'd put him on as a deputy and move him into a contract policing and go through a promotional process and end up, he's one of the top candidates and he'd take on a challenge of one of my largest contracts that we have in the county and do such a stellar job so you know I really do believe before we let him go we should give him a round of applause for really the wonderful job he has done for the city and for us. Sgt. Ross Gullickson: Now I'm done. Sheriff Bud Olson: If I might address Councilman Litsey's issue regarding the traffic and the changes. We're reviewing a report that Ross has written relative to the traffic safety program in the city and we're looking at some of these comparisons and we will bring a report back to the council and we will talk about how you want to proceed forward. I am not opposed to bringing an unmarked back in the community if we feel that's an appropriate model that we want to run with. I know Ross was talking some staffing concerns that we had during that time and the traffic safety deputy that we have, had to roll into regular duties for a period of time Councilman Litsey and had to run just regular shifts for us and that really cut back on his time that he spent dedicated to this so we'll put a report to you, a summary report and we'll talk about the next steps we take here so I thank you for the opportunity to allow Ross to work in your community. I think he's done a marvelous job. For those that don't know, he also finished his masters degree while he was serving here and I think all of that in combination will serve him well as he moves to his next great challenge as the number 2 over there in Three Rivers Park District so thank you very much. Mayor Furlong: Before you leave Sheriff, can you explain a little bit about the process you'll go through in terms of identifying his replacement? Just working with Mr. Gerhardt and. Sheriff Bud Olson: Absolutely. One thing that I feel so strongly about is two things that communities look for in supplying their local service and that's local control and local identity and as you know we've done a lot of study about this. We've looked not only locally, regionally but nationally and how best to do this. One of the things that we've always built into our work plans in the contract communities is the community has a say, or at least has an opinion to offer up as we assign people to these different communities. Currently we're going through a process of identifying folks in the office that would like to take on the challenge of this wonderful program here and this community liaison sergeant and so we have some options. We're 8 City Council Meeting - May 29, 2007 interviewing with the City Manager, Todd right now and I think that he and I will make a recommendation to you and we'll move ahead on that process, so we're in that process now. Mayor Furlong: Very good. Thank you. Sheriff Bud Olson: You bet. Councilman Litsey: Can I ask you one question? Has there been any thought given to making that position a lieutenant rather than a sergeant given the number of officers under that person's span of control. Little unusual to have kind of a supervisory position as a sergeant for that kind of detail. I know it comes down to cost a little bit but seems to me that model would be more conducive to a lieutenant's position. Sheriff Bud Olson: Mayor and council and Councilman Litsey, I think as we look forward I think that's exactly what our recommendation will look like. We've already had some general conversations about the future and I think later in our work session that's probably a good opportunity to really discuss this is you know at what pace do we throw that out and at what pace do we offer it at a lieutenant's rank versus a sergeant's rank. I'm open to that and I think that's a good discussion to have. Councilman Litsey: Thanks. Sheriff Bud Olson: You bet. Mayor Furlong: Thank you. Sheriff Bud Olson: Thank you. Mayor Furlong: Fire Chief Greg Geske is here this evening too. Good evening Chief. Chief Greg Geske: Good evening. It's been pretty slow lately. We did have a structure fire since our last council update and I just wanted to take a moment to thank Excelsior and Victoria Fire Department. It was a fire on Hummingbird Road and we had again Excelsior and Victoria come for mutual aid. It was in the 80's in the high temperatures and humidities that night and sure put a lot of strain on our own fire fighters. We were somewhat limited in the people response that we had and we also had Eden Prairie stand by our station. We had a couple small injuries that night, a sprain, a facial burn and some heat exhaustion but again I want to thank the departments that responded to mutual aid that night. We do have summer plans that we're gearing up for, including our fire fighters participating in the safety camp, July 4th pretty well involved in and hoping to have our new engine for the parade but it's touch and go whether it will be filled by that time, and we also participate in National Night Out in August so we're putting up sign up sheets for that stuff going on so that's about all I had tonight. Mayor Furlong: Okay, thank you. Any questions for the Chief? Councilman Litsey: So all those injuries were super, or less… 9 City Council Meeting - May 29, 2007 Chief Greg Geske: Somewhat minor, yeah. Councilman Litsey: No one was seriously hurt. Chief Greg Geske: The sprain was checked out later. We did have the facial burn was some second degree burns to the face and that went to the hospital and checked out after that and the heat exhaustion was checked out. Councilman Litsey: I think it's a good opportunity to show you know the good job that you do and how you go out there and put yourself at risk to help others and very much appreciate the sacrifices that you and your department make to protect ourselves so thank you. Chief Greg Geske: You bet. Mayor Furlong: Quick question because the question's come up to me. Recreational fires. We're getting into the season a little bit more. Can you explain what's allowed in terms of size and also from a fuel standpoint. Chief Greg Geske: If you go on the web site, it is spelled out in there. Basically it's a 3 by 3. You can only burn you know wood that you cut down. Logs and such. We can't burn refuse. Chairs that have wood in them do no. If people want to burn weeds and stuff, you can't do that. It's basically just wood, recreational type fires contained in a 3 by 3 but there is a description also. You want to refrain when winds are high of course and such like that but there is a description in the city web site. Mayor Furlong: Okay, thank you. Any other questions or comments for the Chief? Very good, thank you. PUBLIC HEARING: NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) PUBLIC HEARING AND ANNUAL REPORT. Public Present: Name Address Linda Landsman 7329 Frontier Trail Lori Haak: Mayor Furlong, council members. As you're aware, the City of Chanhassen is subject to the requirements of the Minnesota Pollution Control Agency, the National Pollution Discharge Elimination System Phase II, Municipal Separate Storm Sewer, or MS4 permit. The permit was issued in 2002 and has been amended several times since then so the city has consequently updated it's application for the permit. The permit that we're under currently is our 2003 application, although we have since then submitted an additional application as a result of some changes that were made by the Pollution Control Agency. So although we are currently reporting on this permit and it's requirements, there's actually another one kind of sitting in limbo 10 City Council Meeting - May 29, 2007 if you will right now. And generally speaking the city is required to address 6 different areas of pollution control, including public education and outreach, public involvement and participation, illicit discharge detection and elimination which is just prohibiting and trying to detect discharges into the storm sewer system that are not storm water, so if a cement, or concrete company is washing out it's truck into storm drains, that would be an example of illicit discharge. Also construction site runoff control. Working with construction site supervisors. Post construction runoff control, which would be pond maintenance and inspection. And then pollution prevention and good housekeeping which is training our own employees, our City Council, our Planning Commission and especially our public works and parks maintenance folks on ways that we can be better stewards of our storm water. So annually the permit requires us to hold a public meeting, receive public comment on the status of our program and then submit an annual report to that end. So I just wanted to real briefly give you an updated list of the things that we've been working on in 2006, and many of these were included in your council packets. And basically all of these are related to storm water and improving the storm water quality so the 5,213 visits to the Carver County Environmental Center actually are related to storm water because presumably people wouldn't be dumping those things down storm drains. Whether it's leaves or solvents or other things of that nature. We've estimated we recovered about 3,500 tons of debris through our street sweeping efforts which is a measurable. We have conducted 64 documented construction site inspections. Our sites within Chanhassen and we've also increased by the number of individual home sites that we've inspected. Some of the other things that we've worked on are increasing the number of Chanhassen Connection articles that appear. The amount of information that's available on the city's natural resources web page and I always like to mention our local boy scout troop recycled 219 Christmas trees in January of this year, so that was, that keeps those out of our wetlands and ponds and lakes actually. And then we had in 2006 volunteers cleaning 6 parks as part of the city's Arbor Day celebration, and I think this year we actually had a few more groups than that out so those are the types of things that we're working on as part of this permit. Some additional things, I always like to take this opportunity to talk a little bit more about some other storm water things. We did construct 4 rain gardens at Lake Ann Park, and we're in the process of getting those vegetated. We worked with the watershed district to reconstruct 5 storm water ponds in Lake Riley and Rice Marsh Lake. We worked with Plowshares Development in their Stonefield neighborhood to construct and expand 3 storm water ponds, and we worked on a couple of drainage issues. In addition as the council saw a few months ago we adopted some slow/no wake ordinances on Lake Susan and Lotus Lake. And then the big project would be the Second Generation Surface Water Management Plan which will really prepare us for storm water in the future, and then the code updates that the council has begun to adopt in response to those plan recommendations. Then just real briefly looking forward, in 2007 and 2008 we anticipate some additional ordinance updates. We actually have mostly completed the enlarging of the storm water pond in Curry Farms Park. As part of the street project that was discussed earlier, we are retrofitting the Koehnen and Yosemite area with curb and gutter, as well as storm sewer and storm water ponds. As well as another street improvement project, Dogwood Road will also receive some storm water treatment. And then there's several other projects including the rain gardens and some lakescaping measures. And then we will be working with homeowners around Lake Susan and Lotus Lake is what we've identified thus far to improve some storm water situations in those areas as well. So with that staff is requesting the City Council receive public comment on the annual report and 11 City Council Meeting - May 29, 2007 approve the annual report for the Mayor's signature and submittal to the Minnesota Pollution Control Agency. With that I'd be happy to take any questions. Mayor Furlong: Thank you. Any questions for Ms. Haak? Councilman Litsey: Just a real nice list of accomplishments. Shows the value of what we're doing and your position, very much appreciate what you're doing here so thanks. Mayor Furlong: Thank you. At this point then I would open up the public hearing and invite any interested parties to come forward and address the council on this matter. Seeing none, without objection then we will close the public hearing and bring it back to council for discussion and consideration of the motion. Any discussion on the motion or proposed motion? If not, is there a motion that the Chanhassen City Council authorize the Mayor to sign the City's NPDES Phase II 2006 Annual Report as attached? Councilman Litsey: So moved. Mayor Furlong: Thank you. Is there a second? Councilwoman Ernst: Second. Mayor Furlong: Any discussion on the motion? Councilman Litsey moved, Councilwoman Ernst seconded that the Chanhassen City Council authorizes the Mayor to sign the City's NPDES Phase II 2006 Annual Report as attached. All voted in favor and the motion carried unanimously with a vote of 4 to 0. TH ARBORETUM BUSINESS PARK 7 ADDITION/MAMAC SYSTEMS, LOCATED ON ND THE NORTHEAST CORNER OF CENTURY BOULEVARD AND WEST 82 STREET; APPLICANTS, CHASKA GATEWAY PARTNERS, LLP AND S. ASIM GUL: REQUEST FOR SUBDIVISION APPROVAL FOR TWO LOTS AND ONE OUTLOT, CONDITIONAL USE PERMIT FOR DEVELOPMENT WITHIN THE BLUFF CREEK CORRIDOR, AND SITE PLAN APPROVAL FOR A 51,800 SQUARE FOOT OFFICE/ WAREHOUSE BUILDING WITH VARIANCES. Public Present: Name Address Joe Smith 1654 Elm Circle, Minnetonka Todd Mohagen 1000 Twelve Oaks Court Drive nd Philip Geib 2116 2 Avenue So., Minneapolis S. Asim Gul 855 Partanwood, Orono Kate Aanenson: Thank you Mayor and members of the City Council. This item appeared before th the Planning Commission at a public hearing on May 15. There was no comments on the 12 City Council Meeting - May 29, 2007 project itself and the Planning Commission did recommend approval of the project. There's actually four items for your consideration tonight. One being the subdivision. The second being a conditional use for development within the Bluff Creek corridor. A site plan review and a variance to the window requirement on plan to the north. The subject site located in an industrial park, Arboretum Business Park. There's one lot that…preserve. This lot will be split into 2 lots. The storm water pond which was previously put in place with the original subdivision itself, is existing and there's a wetland on the lot to the north. This is the middle lot of the subdivision so part of the project is… The project itself will be 51,000 square foot office manufacturing building…and there will be a future development on the 16,000 as a second phase… With this we get the completion of a loop trail continuation around what will be a very nice trail along that park, which will be a nice amenity not only for the people in that park but the residential on the other side. A very nice continuation… The architecture of the building…there is a buffer on the Bluff Creek overlay district that kind of separates the traffic coming off of Century Boulevard between the truck traffic and the resident car traffic. So this drive right in here, we've asked them to remove that…narrow that where the cars have to get out of the primary zone itself. The buffer of the primary zone. They're not in the primary zone. It's the buffer, so there is a noticed variance for that. And there is the conditions on, or the mitigation for the variance and the rationale with the Findings of Fact…as part of the mitigation again for that encroachment into the buffer…requirements for the landscaping itself. So with that, the conditions of approval are listed on page 16…staff report. We are recommending approval and the Findings of Fact are attached in the staff report and I'd be happy to answer any questions that you have. Mayor Furlong: Thank you. Questions for staff. Councilman Litsey: I just had a question about the variance being asked for. Is it a foregone conclusion that they're going to need that or is that just kind of a safeguard? Kate Aanenson: It's a safeguard. We're working to see if we can pull that driveway up. It's a little bit wider than it needs to be. That's not for the truck traffic so we believe that can be met and… Councilman Litsey: Okay. So the goal is to preserve that if you can? Kate Aanenson: Correct. Councilman Litsey: Will they have to come back to this body if they do? Kate Aanenson: Well we noticed it with a variance…encroachment into that buffer zone and that… Councilman Litsey: It sounds like you're on top of it but I'd just ask that you do everything you can to preserve that. Kate Aanenson: Yep, absolutely. 13 City Council Meeting - May 29, 2007 Councilman Litsey: …utilize that variance but if there's just going to be a small encroachment then I don't have a problem with that. Thank you. Mayor Furlong: Are the conditions in tonight's report allow us to do that if we grant the, pass the variance and there are a couple there I think. There's one for the windows too but. Kate Aanenson: Correct. Mayor Furlong: But on that one, can you put that back up please Nann? Is it just the part that Bluff Creek, the variance within the setback, is that correct? Kate Aanenson: Yes. Mayor Furlong: Are we going into the primary zone? Kate Aanenson: No. Mayor Furlong: So this is a secondary zone or the setback from the primary? Kate Aanenson: The setback from the primary zone. Mayor Furlong: Okay. So is it just that row of parking there that. Kate Aanenson: Right in here, correct. Mayor Furlong: Okay. So if what we approve tonight, will that still give you the authority to be able to move that in if you can and work with them? Kate Aanenson: Yes. Mayor Furlong: Okay. Alright. Kate Aanenson: And then the other one was for the windows. There is a significant change in grade and the reason it was granted for the fenestration look which we talked about in the amendment, because of the change in topography, they can't get that big of a, a very big window in there and so the fact, they could put a window in there but there's, the change in the grade makes it impossible. So the Planning Commission felt like that the hardship…the slope and the topography was the rationale… Mayor Furlong: How does the percentage here compare with the buildings in the rest of the area? What's the amount of windows in the percent of total? They're requesting an 18% variance so that tells me there's 32% of window coverage? Is that the way it works coming off of 50%? Kate Aanenson: Yes. 14 City Council Meeting - May 29, 2007 Mayor Furlong: I'm on page 11 of your staff report. Top paragraph. Kate Aanenson: Right, and again this is a different standard that the other buildings in that park were held to. Mayor Furlong: And what I'm guessing is this is a more stringent standard, is that correct? Kate Aanenson: That's correct. Correct. Mayor Furlong: Off hand, do you know what the other amount? The 32%, is that still going to exceed what most, what the other buildings have in that area? Kate Aanenson: Yeah. At least be comparable to what's out there. Mayor Furlong: Comparable or more, okay. Kate Aanenson: And again that was some of the rationale for the Planning Commission and that's basically again, the project…limits the ability to put those windows in so they've got, so the hardship was not self created… And just to go back to that point about the fenestration, the Planning Commission…talking about how they wanted to interpret that so you have not seen that amendment yet. It's not part of the Chapter 20 coming before us tonight because the Planning Commission's still working on that issue. Mayor Furlong: That's good because that was something we talked about at the… Kate Aanenson: Yeah, they want some additional information so that code amendment has not been forwarded to you. Mayor Furlong: Very good. Any other questions for staff? Okay, then the applicant's here this evening. Is there anything you'd like to share with the council this evening? No? Okay. Any questions for the applicant from council? No? Okay. Public hearing occurred at the Planning Commission. I don't know if there's any desire for any comment by members of the public. Any comments? Okay. Bring it back to council for discussion then. Any thoughts or discussion? If not, is there a motion? Councilman Peterson: Have we got 3 motions? Mayor Furlong: 3 or 4? Councilman Peterson: I'd move that the City Council approves subdivision for two lots and one th outlot, Arboretum Business Park, conditions, subject to plans by Schoell & Madsen, April 16, subject to conditions 1 through 23. Mayor Furlong: You want to take them all as one? Can we do them all as one? Councilman Peterson: If I can page down there fast. 15 City Council Meeting - May 29, 2007 Roger Knutson: Just to make it clear, that's preliminary and final plat I believe. Councilman Peterson: That's correct. Also would recommend that the City Council approve the Conditional Use Permit subject to conditions 1 and 2. And also recommend that the council approve the site plan for the 51,800 square foot building with the variance permit as indicated subject to the following conditions 1 through 25, and subject to Findings of Fact as submitted by staff. Mayor Furlong: Thank you. Is there a second? Councilwoman Ernst: Second. Mayor Furlong: Made and seconded. Any discussion on the motion? Councilman Peterson moved, Councilwoman Ernst seconded that the City Council approve the preliminary plat and Resolution #2007-34: for final plat of the Subdivision for two lots th and one outlot (Arboretum Business Park 7 Addition), plans prepared by Schoell & Madson, Inc., dated April 16, 2007, subject to the following conditions: 1.Submit 1:200 scale plan of proposed lots (required for addressing purposes). 2.A 10-foot clear space must be maintained around fire hydrants, i.e., street lamps, trees, shrubs, bushes, Xcel Energy, Qwest, cable TV and transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by firefighters. 3.No burning permits shall be issued for trees to be removed. Trees and shrubs must either be removed from site or chipped. 4.The developer shall be responsible for planning, engineering, and constructing the “wetland trail.” Connection points for this new trail shall be the terminus of the Trotters Ridge trail, nd the intersection of Century Boulevard and West 82 Street, and the intersection of Century Boulevard and Water Tower Place. Bid documents, including plans and specifications, shall be approved by the Park & Recreation Director and City Engineer prior to soliciting bids. Project bidding shall occur in a competitive environment with a minimum of three bids being received. The results of the bidding process shall be reviewed with the Park & Recreation Director and City Engineer prior to award. Cash payment for trail construction shall be made from the City of Chanhassen to Steiner Development upon completion, inspection, and acceptance of the trail. th 5.Trail easements within Lots 1 and 2 and Outlot A, Arboretum Business Park 7 Addition (formerly Outlot C, Arboretum Business Park) shall be dedicated to the City to accommodate the “wetland trail”. 6.The developer shall pay trail fees in the amount of $10,190.00 prior to the recording of the final plat. 16 City Council Meeting - May 29, 2007 7.The developer must prepare plans depicting an agreed-upon trail alignment and details for a required bridge crossing and typical construction cross section for a 10-foot wide trail prior to recording the final plat. 8.A wetland buffer with a minimum width of 16.5 feet shall be maintained around all Ag/Urban wetlands. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City’s wetland ordinance. The applicant shall install wetland buffer edge signs, under the direction of City staff, before construction begins and shall pay the City $20 per sign. All structures shall maintain a setback of at least 40 feet from the wetland buffer edge. The wetland buffer setback shall be shown on the plans. 9.All structures shall be set back at least 40 feet from the Bluff Creek primary zone. The first 20 feet of the setback from the primary zone cannot be disturbed. The plans shall be revised to show the primary zone boundary, the 40-foot setback from the primary zone and the 20- foot buffer area adjacent to the primary zone. If alteration is proposed within the 20-foot buffer area adjacent to the primary zone, a variance will be required. 10.Signage for the Bluff Creek Overlay District should be posted at least every 300 feet along the primary zone boundary. 11.The general notes on erosion and sediment controls are incomplete. A new SWPPP shall be developed by the engineer for the site. The SWPPP shall be in place prior to applying for the NPDES permit. Additional information regarding SWPPP requirements can be obtained through the MPCA Storm Water Web Site. The SWPPP shall include all details, sequencing of the project and seeding and mulching specifications. 12.Temporary and permanent erosion control plans and details shall be included in the plans. Temporary erosion control may consist of type 1 mulch, as well as temporary and permanent seed mixes. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Type of Slope Time (Maximum time an area can Steeper than 3:1 7 days remain open when the area 10:1 to 3:1 14 days is not actively being worked.) Flatter than 10:1 21 days These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. 13.Inlet controls are needed for all inlets throughout the project and shall be installed within 24 hours of inlet installation prior to casting. Filter fabric held down by steel plates with 12” of ¾-inch rock over each cover may be used. Once casting of inlets takes place, inlet controls 17 City Council Meeting - May 29, 2007 shall be installed within 24 hours. Inlet protection shall be maintained on a regular basis. The plans and SWPPP shall be revised to include standard details for all inlet protection devices. 14.Manholes with two-foot sumps shall be installed as the last road-accessible structures prior to discharge into the stormwater pond. 15.Chanhassen Type 2, Heavy Duty silt fence shall be installed around all wetlands and stormwater ponds; Chanhassen Type 1 silt fence shall be used around the remaining areas. All areas of silt fence shown on the plan that are not parallel to the proposed contours of the property shall to have J-Hooks installed every 50 feet. 16.The existing stormwater pond and areas downstream of the pond shall be protected from sediment produced by the construction site. For example, if turbid water is found in the stormwater pond, a plug could be placed in the flared-end section (FES) of the outlet structure so sediment does not go off-site. Once settling of the sediment occurs, the water could be slowly released. 17.Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as-needed. Provisions for street cleaning shall be included in the SWPPP. 18.Drainage and utility easements (minimum 20 feet in width) shall be provided over all existing and proposed storm water infrastructure. 19.The total SWMP fee, due payable to the City at the time of final plat recording, is $102,838. th 20.The developer may dedicate Outlot A, Arboretum Business Park 7 Addition to the City. 21.The developer’s engineer must submit hydrology calculations that verify that the site design is consistent with the preliminary plat assumptions, and that the pond meets NPDES requirements for this site. 22.When a site plan for Lot 2 is submitted for approval, the applicant must submit calculations verifying that the proposed design meets the pond design assumptions and meets other agency requirements (e.g. NPDES Phase 2 permit). 23.Upon approval of the site plan for Lot 2, the applicant must post an escrow for the street repair required for the utility service extension.” All voted in favor and the motion carried unanimously with a vote of 4 to 0. Councilman Peterson moved, Councilwoman Ernst seconded that the City Council approve the Conditional Use Permit, subject to the following conditions: 1.All structures shall be set back at least 40 feet from the primary zone. The first 20 feet of the setback from the primary zone cannot be disturbed. The plans shall be revised to show the 18 City Council Meeting - May 29, 2007 primary zone boundary, the 40-foot setback from the primary zone and the 20-foot buffer area adjacent to the primary zone. If alteration is proposed within the 20-foot buffer area adjacent to the primary zone, a variance will be required. 2.Signage for the Bluff Creek Overlay District should be posted at least every 300 feet along the primary zone boundary.” All voted in favor and the motion carried unanimously with a vote of 4 to 0. Councilman Peterson moved, Councilwoman Ernst seconded that the City Council approve the Site Plan for a 51,800 square-foot office/warehouse building (Mamac Systems) with a variance to permit only 32 percent building transparency on the western building elevation and with a 20-foot setback variance for the drive aisle in the southeast corner of the site for th development within the Bluff Creek Corridor on Lot 1, Block 1, Arboretum Business Park 7 Addition, plans prepared by Clark Engineering Corporation and Mohagan Hansen Architectural Group, dated April 13, 2007, subject to the following conditions: 1.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. 2.The future building expansion shall continue the same architectural detailing and window treatment as the initial 35,000 square-foot building. 3.The developer shall extend a sidewalk from the building to the trail on Century Boulevard and include pedestrian ramps at all curbs. The monument sign shall be relocated to the north side of the driveway access; and a sidewalk installed on the south side of the driveway access. 4.The developer shall incorporate a gathering space in the eastern portion of the site including benches and/or tables overlooking the natural areas to the east. 5.The developer shall submit a plan for the restoration of areas adjacent to the Bluff Creek Corridor with species consistent with the City’s Bluff Creek Watershed Natural Resources Management Plan. 6.The parking lot drive aisles on the eastern and southeastern side of the building shall be reduced to 26 feet. 7.The building is required to have an automatic fire extinguishing system. 8.The building plans must be prepared and signed by design professionals licensed in the State of Minnesota. 9.Four (4) accessible parking spaces must be provided. 19 City Council Meeting - May 29, 2007 10.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) and comply with their conditions of approval. 11.Increase plantings for parking lot trees and buffer yard areas in order to meet ordinance requirements. 12.The applicant shall extend the sod line only 15 feet from the edge of the parking lot on the east and south sides. The remaining area shall be seeded with a native seed mix approved by the City. If necessary, erosion control materials will be required on the seeded areas. 13.Contact Chanhassen Fire Marshal for exact location of fire hydrants to be installed. 14.A 10-foot clear space must be maintained around fire hydrants, i.e., street lamps, trees, shrubs, bushes, Xcel Energy, Qwest, cable TV and transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by firefighters. 15.No burning permits shall be issued for trees to be removed. Trees and shrubs must either be removed from site or chipped. 16.The general notes on erosion and sediment controls are incomplete. A new SWPPP shall be developed by the engineer for the site. The SWPPP shall be in place prior to applying for the NPDES permit. Additional information regarding SWPPP requirements can be obtained through the MPCA Storm Water Web Site. The SWPPP shall include all details, sequencing of the project and seeding and mulching specifications. 17.Temporary and permanent erosion control plans and details shall be included in the plans. Temporary erosion control may consist of type 1 mulch, as well as temporary and permanent seed mixes. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Type of Slope Time (Maximum time an area can Steeper than 3:1 7 days remain open when the area 10:1 to 3:1 14 days is not actively being worked.) Flatter than 10:1 21 days These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. 18.Inlet controls are needed for all inlets throughout the project and shall be installed within 24 hours of inlet installation prior to casting. Filter fabric held down by steel plates with 12” of ¾-inch rock over each cover may be used. Once casting of inlets takes place, inlet controls shall be installed within 24 hours. Inlet protection shall be maintained on a regular basis. 20 City Council Meeting - May 29, 2007 The plans and SWPPP shall be revised to include standard details for all inlet protection devices. 19.Manholes with two-foot sumps shall be installed as the last road-accessible structures prior to discharge into the stormwater pond. 20.Chanhassen Type 2, Heavy Duty silt fence shall be installed around all wetlands and stormwater ponds; Chanhassen Type 1 silt fence shall be used around the remaining areas. All areas of silt fence shown on the plan that are not parallel to the proposed contours of the property shall to have J-Hooks installed every 50 feet. 21.The existing stormwater pond and areas downstream of the pond shall be protected from sediment produced by the construction site. For example, if turbid water is found in the stormwater pond, a plug could be placed in the flared-end section (FES) of the outlet structure so sediment does not go off-site. Once settling of the sediment occurs, the water could be slowly released. 22.Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as needed. Provisions for street cleaning shall be included in the SWPPP. 23.The private storm sewer should be realigned so that it will not lie within the footprint for the future expansion. 24.The site developer for Lot 1 must remove the curb and gutter at the approved access locations and construct a concrete apron per City Detail Plate 5207. 25.The site developer must replace the catch basin casting at the northern access with a surmountable casting.” All voted in favor and the motion carried unanimously with a vote of 4 to 0. OUTSET, INC., LOCATED AT 2460 GALPIN COURT, APPLICANT: EDEN TRACE CORPORATION: REQUEST FOR SITE PLAN APPROVAL FOR A 48,000 SQUARE FOOT OFFICE/WAREHOUSE BUILDING WITH VARIANCES. Public Present: Name Address Tom & JoEllen Radermacher 2479 Bridle Creek Trail Dan Luna 2483 Bridle Creek Trail Brian Houwman New Brighton Kate Aanenson: Thank you Mayor, members of the council. This item too was held on May th 15 for a public hearing. The Planning Commission did vote 6-0 for approval of this project and there were no issues raised at the meeting, although we did receive a letter from one of the 21 City Council Meeting - May 29, 2007 residents and Bob Generous in presenting his report to the Planning Commission went through the letter…specifically one of the main concerns was lighting…landscaping. Again this site is part of the business park. Located off of Galpin Boulevard. You've approved other projects in this park, most recently the…which would be a 48,000 square foot office/warehouse and there was a variance with it for the logo in the building front. As I mentioned the site itself it's pretty close to what was originally approved and it shows different elevations on the project itself. As you recall on the neighboring lot…outlot preserving the trees. As staff we recommended… shows the preserved area just to the west. There was some questions regarding tree removal in that area. There is a retaining wall along this side so it builds up into…so some of those, a minimal amount of trees will be removed just along the edge. There will also be a wing wall that provides a buffer. This roof itself is 12 feet high…200 feet past the wetland…minimal perspective as far as the visual impact on that building itself… On the project itself, if we can show this. This is proof of parking. It's not, we didn't put it in right away. If additional parking is needed, they have provided that…where we try to preserve, create more green space. If it's deemed that we need to put additional parking in, it is shown…but based on how the applicant sees… The building itself, the architecture…with the logo on it, that was a request that the Planning Commission did support. Having the logo. The landscaping exceeds, significantly exceeds the requirement on the site itself. ...as I mentioned earlier, there is a retaining wall… so again there is a variance request for the logo size and the smaller Outset itself will be smaller. They're not exceeding the overall sign area, but what they wanted…the Planning Commission felt that since they didn't exceed the sign area, they feel comfortable with that logo. It's not in a highly traveled area. You'd have to come back in there to actually…street frontage. So with that they did support the variance and the Findings of Fact are also in your staff report. So with that, we are recommending approval with the conditions in the staff report and the Findings of Fact. I'd be happy to answer any questions that you have. Mayor Furlong: Thank you. Questions for staff? Ms. Aanenson, with regards to the retaining wall and the extension of the berm, if I saw it correctly, it's going into, the berm is being extended into Outlot C? But it's being extended into an area that's not, there are significant trees, is that correct? Kate Aanenson: This is the retaining wall right here, and there is some trees down through here. In addition there will be a wing wall…to create a little bit better buffer which… Actually at the end of the berm itself, there is a better buffer… Mayor Furlong: Okay. With regards to the sign logo variance, I saw a condition added that also limited the size. The ordinance as I understand limits the logo as a percentage of the sign? Kate Aanenson: Correct. Mayor Furlong: So this is basically allowing them to have the logo be the sign? Kate Aanenson: Correct, and that was...variance that you can't exceed that total area… 22 City Council Meeting - May 29, 2007 Mayor Furlong: Have we had other instances in the city where we've dealt with logos versus signs? And I guess my question is, is there a precedence being set here or is this something that we worked with and we try to accommodate it where we can? Kate Aanenson: Well I think the other factor that went into it, it's not in a commercial district where it's highly visible and that tends to be where we have the biggest request for that. Where the logo is really the identifying and we really encourage…but because this isn’t in a high traffic area, you have to go back, it's in the back lot so it's really just identifies, if you're looking for that building…it's a destination. Mayor Furlong: Okay. You don't see this as creating any precedent? Kate Aanenson: A similar…in an industrial park in a similar situation, that would be one rationale… Mayor Furlong: The factors here are not unique, is that your point? Kate Aanenson: Correct. Mayor Furlong: For this site and this type of zoning. Thank you. Any other questions for staff? If not, the applicant's here. Good evening. Anything you'd like to address to the council? Okay. Any questions for the applicant? No? Again a public hearing took place at the Planning Commission. I don't know if there have been any significant changes between the Planning Commission and council. Are there any desire for members of the public to comment on this? No? Okay. Bring it back to council then for discussion. Oh! No, that's fine. Tom Radermacher: My name's Tom Radermacher. My wife and I, JoEllen live at 2479 Bridle Creek Trail. We're just directly north of the development. I just had a question on that 170 foot retaining wall. I guess I'm not sure where that wall is. Is that right on the border of the outlot or is that north? Kate Aanenson: It's in the right-of-way. Tom Radermacher: There's some stakes out there now that say, show not the property line but the outlot line. Kate Aanenson: This is the edge of the property. This is the edge of the wetland. Way up in here. Tom Radermacher: Yeah, well I guess there's a note in here on page 9 that the developer's engineer must submit a sketch verifying construction of this retaining wall will not compromise the tree preservation, and there's a lot of oaks. They said 12 trees. I guess that's why I'm wondering where the line is because there's well over 12 trees within that border. And that's where the outlot is and I think there's like a dozen 100 year oaks that will have, be compromised. I'm wondering if that engineer's drawing was done and. 23 City Council Meeting - May 29, 2007 Kate Aanenson: That will be one of the conditions that will have to be…project before they can…submit to engineering a detail of how they're going to hold the wall back. If it's over 4 feet it has to be engineered… Tom Radermacher: Do you know how many feet it is from the outlot? Kate Aanenson: I'd have to ask the developer…outlot. Tom Radermacher: Yeah, I know it's on the outlot but where, how many feet because I've seen the stakes and I'm wondering if that's where the wall's going to be… Kate Aanenson: …stakes offset…but we'll verify that. According to this it's not on the property line. Tom Radermacher: No. Well I guess my point is that there's, if it's where the stake is, there's well over the 12 trees that they had in the plans. It's got to be in the 20 to 30 range. And like I say, some of those, several of those are oak trees. 100 year oak trees. And I just want to verify it's on the, if the retaining wall's on the line or if it's, where it is exactly. Kate Aanenson: I'd be happy to…and we'll verify that. Tom Radermacher: Okay. I'd just like to make it a condition that that be done and we determine that it's within the 10 feet from the wall so that that is indeed only 12 trees that are being taken down. Kate Aanenson: …field verify that… Mayor Furlong: Okay, thank you. Dan Luna: Good evening. My name is Dan Luna and I. Mayor Furlong: Why don't you just stand back a little bit so the, it will pick you up standing up straight. Thank you. Dan Luna: I live at 2483 Bridle Creek Trail and my concern is how soon construction can begin on the berm. And what assurance do we have that the berm may be built this summer because my wife and I and my family, we've looked at this construction zone, storage area back there for the better part of a year and a half and now that there's a proposed building going in, I'd really like to see some completion done back there in terms of aestheticness. Kate Aanenson: Typically during excavation, the berm would go up pretty much simultaneously with the building. The last thing to go in would be the landscaping…what they excavate they'll be using for the berm itself, so that should happen simultaneously… but the berm should go up simultaneously with the building. Dan Luna: So no guarantees that the landscaping would be done this year at all? 24 City Council Meeting - May 29, 2007 Kate Aanenson: In order to get that, typically the city takes a letter of credit to ensure that that gets done. They have to make sure that they get the rest of the building done and…those are the last things to go in. The first thing they do is… Dan Luna: When you say sprinkling system, am I, is it a safe assumption to say that the berm is irrigated? Kate Aanenson: Typically we've done that but… Dan Luna: Alright. Thank you. Mayor Furlong: Okay, thank you. Councilman Litsey: Could those concerns be addressed now? Dan Luna: Do you want me to stay in case there's another concern? Brian Houwman: I'll answer the two. I'm Brian Houwman. I'm the architect. The stakes that they see out there are the property line so the retaining wall will be back from that. It's approximately between 10 and, 6 to 10 feet depending on the way you have to work those trees that they're concerned with. That is the goal. As far as putting in the grading, that takes place right away so we will be digging out the footings. We will be creating the berm. The berm will be to the side. The planting on it, we certainly want to try to get it done this fall so as soon as we can get started, that timeframe will happen. Mayor Furlong: Alright, thank you. Councilman Litsey: Thanks. JoEllen Radermacher: Mayor Furlong, council members. My name's JoEllen Radermacher. I live at 2479 Bridle Creek Trail and the comments that I would like to make tonight is regarding a previous issue we discussed at the planning committee regarding hours of operation. I'd like to expand on that a little bit. Our request for that is, mostly what we would, I'd like to make reference to the permitted use section of the original PUD and it defines the light industrial and it includes language, there shall be negligible impact upon the surrounding environment by noise, vibration, smoke, dust or pollutants. And our main concern and why we even brought this up for our neighborhood is regarding external operations of any tenant and by these external operations we're referring mostly like vehicles. Like trucks that are left running and large doors opening and closing after business hours, particularly at night is what we're concerned about. So our request is that we would appreciate acknowledgement that this would not be allowed based on the terms of the PUD and the definition of light industrial. Thank you. Mayor Furlong: Thank you. 25 City Council Meeting - May 29, 2007 Kate Aanenson: …interpreted light industrial on that…metal fabrication, composite…work outside. Any outdoor activity. This is intended to be indoor. Typically we don't regulate service, delivery times. Certainly if there's an excess of noise, then…but as part of the normal operations typically it's all inside… Mayor Furlong: Did we discuss hours of operations when we were considering the PUD? Kate Aanenson: No. I think what she's reading is the light industrial…as opposed to heavy industrial…and I know we've had concerns with the metal fabrication next door in Chaska. With sometimes start skid loading…outside. Bringing the metal indoors and that can… For the most part the noise you're going to have is…backing up of a truck with the door. Mayor Furlong: Okay. Councilwoman Ernst: So what kind of hours would that be Kate? I mean would that be during. Kate Aanenson: …as we have with any other business so as far as, a lot of businesses do… I'm not sure, you can ask the applicant what they believe most of their… For example General Mills is 24-7. Pretty much… Brian Houwman: Yeah, we're a regular shop so it will be just daytime hours. Part of the problem you may run into is that if an over the road rig makes a delivery and if they show up early, well you can't…truck drivers are running their loads and then if they have to sit there and idle until people show up. Councilman Litsey: Can you show on the drawing where most of those deliveries will be made and is that factor into that at all? Kate Aanenson: I hope so. This the berm. The 12 foot berm would be here. Where the deliveries would be on this site here. We've got a couple hundred feet between here and the houses that are. Councilman Litsey: So that berm should help protect. Kate Aanenson: Sure…but we've worked hard to try to reduce the light spillover and all that. We've located all the lights on this side of the building. Councilman Litsey: And the planting should help. Kate Aanenson: Right, and that's what I said when you get to the planting part, that's where you want to put it, where you get the most effective mitigation for light and noise and those sort of things. I just don't want to mislead anybody…sometimes it happens where truckers can't get to the site on time. They get there late or they get there early. Councilman Litsey: And then they leave their truck idling? 26 City Council Meeting - May 29, 2007 Kate Aanenson: Well unless sometimes…you can work with. We've had good relations with… It's not very often that…and how they manage their operations… Mayor Furlong: To the extent that there is something that rises to a level of a nuisance, we certainly have ordinances in place already to address those. Okay. Thank you. Anyone else from the public who would like to make any comments on this? Alright. Good, bring it back to council for thoughts and discussion. Consideration of a motion. Councilman Litsey: Well I just hope that every consideration is given to building up that berm and getting those plantings in this year if at all possible. I think do what we can in terms of the noise but, help somewhat with that but do our best, or the developer do their best to buffer that. Otherwise the rest seems reasonable to me. Mayor Furlong: Okay, thank you. Other comments, thoughts? Councilman Peterson: No, it's a good project. I'd recommend approval of the site plan for the 48,000 square foot office building with the variance for the 12.9 square foot logo above the main entry. Making it subject to the Findings of Fact and also subject to reiterating obviously the goal is to get it done. I think that's everybody goal probably to get it done this year so. Mayor Furlong: Thank you. Is there a second? Councilwoman Ernst: Second. Mayor Furlong: Made and seconded and I guess one comment I'll make too. I'm glad that staff will be out there on site with regard to the location of that wall and making sure that that's put in a place that's, eliminates ideally any tree loss on Outlot C. There was a lot of effort put into preserving those trees at the beginning. I know you did it, most of it and so there's not a desire to see that go away. Thank you. There's a motion made and seconded. Any other discussion on the motion? Councilman Peterson moved, Councilwoman Ernst seconded that the City Council approves Site Plan for a 48,042 square-foot, one-story office warehouse building with a Variance for a 12.9 square-foot logo above the main entry, plans prepared by Houwman Architects, dated 4/13/07, subject to the following conditions: 1.Architectural elements, such as the use of tiling, creating colored block patterns or the use of circular windows, shall be added in the wall panels on the north side of the building to provide additional articulation. 2.The developer shall connect the internal sidewalks to the public sidewalk in Galpin Court. Pedestrian ramps shall be installed at all curbs along this pathway. 3.The berm on the north side of the building shall be extended into Outlot C, Chanhassen West Business Park. 27 City Council Meeting - May 29, 2007 4.The Park Dedication Fee for Lot 5, Block 2 is $39,960.58 to be paid at the time of building permit issuance. 5.The applicant shall revise the landscape plan to show a total of 19 overstory trees within the vehicular use area. Two landscape peninsulas shall be added to the west parking area. 6.Tree preservation fencing is required to be installed prior to any construction around existing trees in Outlot C and any trees preserved along the north property line. 7.A 10-foot clear space must be maintained around fire hydrants, i.e. street lamps, trees, shrubs, bushes, Xcel energy, Qwest, cable TV and transformer boxes. 8.No burning permits shall be issued for trees to be removed. Trees and shrubs must either be removed from site or chipped. 9.A Storm Water Pollution Prevention Plan shall be developed by the engineer for the site. The SWPPP shall be submitted to the City for review by the Carver Soil and Water Conservation District prior to beginning construction. The SWPPP shall be in place prior to applying for the NPDES Phase II Construction Permit. Additional information regarding SWPPP requirements can be obtained through the MPCA Storm Water Web Site. The SWPPP shall include all standard detail plates, sequencing of the project and seeding and mulching specifications. 10.Temporary and permanent erosion control plans and details shall be included in the plans. Temporary erosion control may consist of Type 1 mulch, as well as temporary and permanent seed mixes. 11.Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. 12.All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Type of Slope Time (Maximum time an area can Steeper than 3:1 7 days remain open when the area 10:1 to 3:1 14 days is not actively being worked.) Flatter than 10:1 21 days These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. 13.Inlet controls are needed for all inlets throughout the project and shall be installed within 24 hours of inlet installation prior to casting. Filter fabric held down by steel plates with 12 inches of ¾-inch rock over each cover may be used. Once casting of inlets takes place, inlet controls shall be installed within 24 hours. Inlet protection shall be maintained on a regular 28 City Council Meeting - May 29, 2007 basis. The plans and SWPPP shall be revised to include standard details for all inlet protection devices. 14.Chanhassen Type 2, Heavy Duty silt fence shall be installed around all wetlands and stormwater ponds; Chanhassen Type 1 silt fence shall be used around the remaining areas. All areas of silt fence shown on the plan that are not parallel to the proposed contours of the property shall have J-Hooks installed every 50 feet. 15.Erosion control shall be installed and inspected prior to any site grading. 16.Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as needed. Provisions for street cleaning shall be included in the SWPPP. 17.The applicant shall apply for and obtain permits from the appropriate regulatory agencies (i.e. Carver County Water Resource Management Area, Minnesota Pollution Control Agency) and comply with their conditions of approval. 18.The plan must be revised so that the grades over the existing storm sewer on the west side are not altered. 19.The plans must be modified so that the wall is a minimum of 15 feet from the storm sewer. 20.The property owner must sign an encroachment agreement for the western retaining wall. 21.The developer’s engineer must submit a sketch verifying that construction of the retaining wall on the east side of the property will not compromise the tree preservation area within Outlot C. 22.The contractor must call the City to inspect the connection to the sanitary sewer manhole. 23.The buildings are required to have an automatic fire extinguishing system. 24.The plans must be prepared and signed by design professionals licensed in the State of Minnesota. 25.Retaining walls over four feet high must be designed by a professional engineer and a permit must be obtained prior to construction. 26. The total sign area for the building shall not exceed 73 square feet including the approved logo. All voted in favor and the motion carried unanimously with a vote of 4 to 0. Mayor Furlong: Appreciate your comments. Thank you everyone. 29 City Council Meeting - May 29, 2007 1(c). APPROVAL OF ORDINANCE AMENDMENTS TO CHAPTER 20, ZONING, CHANHASSEN CITY CODE. Mayor Furlong: Maybe start quickly with a staff report summary on this. Kate Aanenson: On all the changes? Mayor Furlong: Let's start with an executive summary and then we'll see where we go from there. Kate Aanenson: Sure. Periodically we make changes to the zoning…things that are brought to our attention from internal. From external. The first one is to…Bluff Creek Boulevard which is a new street and has been added… The other one is a code change regarding liquor licenses and it got struck in one section and not another section so this change… Oh sorry. A malt liquor license is allowed with the applicant applies and so while we did put it in another section, it needed to also be put into this section. So again that's kind of just the incorporation part of itself. And then there was some citations that were wrong regarding the landscaping, or excuse me, off street parking. So those are just each district, again a wrong citation that was given so kind of just a Scribner's clarification. And then accessory structures was a discussion ongoing as we become more urbanized that we have folks that choose to put in significantly large outdoor storage structures that tend to be things other than just for storage. So it's becoming a nuisance problem of people running businesses out of those, so we're looking at, as we become more urbanized, we felt it was time to really kind of address that and limit those square footage. Now if you're agricultural, certainly you're exempt from that but this is people that are kind of on the fringe of a larger lot or a hobby farm that sometimes buy those thinking that they can run a business out of those and so this would hopefully reduce that. Another note that we found is that we don't specifically prohibit barbed wire fencing but we don't prohibit electric fences so we wanted to be clear on that so that was another one that was changed. And the façade issue that's in here, is all crossed out because the Planning Commission wanted to spend some more time going through that so you'll probably be seeing that in another iteration of some code amendments. And then the last one was the clarification of again something that got eliminated from the H2 district and for some reason, again another thing that was eliminated when we updated. We did a major code update in 2004 but for some reason this was eliminated and just to go through the brief history of that. We adopted the Highway 5 corridor study. As a part of the Highway 5 corridor study, this was back in '94 when we actually recommended some design standards for the down, for the whole corridor. In place already was a major part of the downtown was already had buildings on it so there were two things we wanted to accomplish. One was architectural design, which we hadn't really addressed before city, the entire city. Difference design standards. And the second one was to introduce different design standards and orientation along the corridor itself. For example that's how we got the façade and the, from the Arboretum Business Park that you just saw on one of it's projects tonight. That's where that transparency and orientation came into place when you were facing the Highway 5 corridor. And because the central business district was pretty much built up, it wouldn't meet those standards so we built two different zoning districts. And that was actually articulated in the H1 and H2 zoning districts. And can you just zoom in on this… and then the other district on that property. This map is dated 2002 and the Highway 1, Highway 2 zoning district. As a result of 30 City Council Meeting - May 29, 2007 the zoning and the architectural standards, we actually created the zoning, architectural standards and we applied those city wide because everyone felt that we shouldn't have had the standards along the corridor itself. We apply them city wide and those were actually done in 2001. So what that did was, so the Highway district itself really just became two different standards for setbacks because now the architectural standards which were really just intended for the Highway 5 corridor, and there's a line that goes so many feet either side, applied city wide. So the distinction between Highway 1 corridor district and 2 was really the setbacks within those two different districts. And that's how it was intended to be. So that was not reflected in the, when we did the major codification, somehow that got left. Language got left out so that was intended to fix that. So that's how we've always interpreted that. Councilman Litsey: Kate, that got left out of the code at that time or? Kate Aanenson: Yeah. Just like some of these other things when we, when we sent our code down to Municipal Code Corporation in Florida, there was a major hurricane and we got lost in the shuffle for almost a year. We were kind of in flux with the code and they, instead of waiting for us to receive a draft, it would have been another 6 months, we just said go ahead and make the changes and send it to us. Unfortunately, what that left is some of the things that we didn't get a chance of, we would have caught maybe a few of these. They just went ahead and made the change and sent them all back up. But we've caught other ones. You know it happens that things get missed in the translation and the codification but clearly the intent, if you go back to the original ordinance, which we have attached in here, was to have the two separate districts because if you said now everything has to be 70 feet, you pretty much make everything on the east side of Powers non-conforming. Because they wouldn't meet the setbacks, all those original buildings that were put in place. Councilman Litsey: So what timeframe were we out of sync here? Between? Kate Aanenson: 2004. Yeah. Councilman Litsey: Up til now? Kate Aanenson: Correct. Correct. Councilman Litsey: So some of these projects along 7 like next to McDonalds, Abra is it? Kate Aanenson: Yeah. Councilman Litsey: And stuff, those were. Kate Aanenson: All those meet the standards. What the underlying district does in that, where they are, it says all you have to do is meet the underlying zoning district. Everything on the other side of Powers has to have a 70 foot setback. So all those buildings have a choice to go to the minimum. Put parking in front. And that's how they were all developed and that was the intent. So that one is correct. With it's underlying zoning district. The problem was that the Highway corridor district, the language got, the header got left out in the code itself. 31 City Council Meeting - May 29, 2007 Councilman Litsey: Just one other brief question. So if this is adopted, that building actually would be out of compliance now then right? Kate Aanenson: No. It is in compliance today. Councilman Litsey: It will be in the future. Kate Aanenson: It will be in the future, correct. It meets the district standards. What happened is. Mayor Furlong: With this omission, when the code was being corrected or changed, whatever, you continued to apply the code as… Kate Aanenson: Absolutely. As…'94, through '96. Right. Mayor Furlong: There was no, my understanding is there's no change in the way the code's been applied. It's just how it was… Kate Aanenson: Right, which we would credit to the codification error by the Municipal Code Corporation in giving us an incorrect draft. Back. As were these other ones that I just pointed out. As was the wrong reference citation. That was just an error. Error of omission. There wasn't any intent so it's in that same vein of corrections. Todd Gerhardt: And we do this you know probably bi-annually. We bring them back. Kate Aanenson: Yeah, at least bi-annually, correct. Todd Gerhardt: Municipal Code does a good job but you know we still have to double check them and we find mistakes periodically and we bring them back for correction. Mayor Furlong: Any other questions at this point Councilman Litsey? I think Ms. Lloyd wanted to make some public comments as she made the comment earlier so. Debbie Lloyd: Debbie Lloyd, 7302 Laredo Drive. I'll take these off because I don't have bifocals so in order to read all the material. First of all I want to say I'm glad to see that Bluff Creek Boulevard has been put in as a collector street, as all along it has been noted as a collector street in every staff report and I would assume that this would not make a change whatsoever in the way it's always been. It's just documenting it as a collector street formally in the code. Mayor Furlong: Can you clarify that? I think that's. Kate Aanenson: Yeah, that's correct. Mayor Furlong: Yep. 32 City Council Meeting - May 29, 2007 Debbie Lloyd: Okay. Second of all, relative to the item you were just covering with the changes in code and everything, on the setback issue here for Highway 5, I went back to 1994 to the minutes and they read, amendments to City Code creating the Highway 5 Overlay District which establishes development and design standards for the Highway 5 corridor, final reading. And unfortunately I couldn't go back to see what that all read because you don't have everything on the web site and I didn't have time today when I came here for another issue for this, but there's some real important points I think made in here that the setback was established at 70 feet and there was some comments here because Fleet Farm was coming in at that time and there's a gentleman by the name of Christopher Diets who implored the council not to use the 70 foot setback. And he said the city is setting it up for arguments regarding whether a harmonious, suitable, high quality, etc to be standards. And this is how I read Section 20-462 provides that the minimal building setback for such lots is 70 feet from Highway 5 and 50 feet from the access boulevard. And this gentleman was complaining because it would take away so much of his property rights. All you have to do in my opinion is look at the boulevard. Look at everything that's been established. Those new buildings past Abra are all set back, I mean it's obvious to your eye. Abra's the only one that's not. Look down the corridor. I think the intent was to have this nice green space and not have buildings adjacent to the right-of-way of a highway. I mean 50 feet from the pavement. Now I think the right-of-way's a few feet off the pavement at that point, but I still would ask you to hold off on this until more research is done. I'm not, I haven't seen those reports that Kate has but. Kate Aanenson: There is an ordinance file too. Christopher Diets representing Mills Fleet Farm did make that argument. For the record Mills Fleet Farm was intending to build on the intersection of Highway 5 and 41. On the northeast corner. It was a huge impact to them. Again we're talking about the west side of Powers. Always. Even on that map. There's two separate districts. There always was when it was put in place. One, because if you go back and read the intent of the entire ordinance, there was a prevailing development pattern in the core of downtown. That was already in place. We would have made all those buildings non- conforming. The intent was to go from Powers out to the rest of the city. And we've always had, when it was put in place from the very beginning, had two separate setbacks. One for the new development and one for the core of downtown. Mayor Furlong: You know the other issue that occurs to me, Ms. Lloyd by your comments about the distance buildings are back from the road, even east of Powers. Mr. Oehme, the right- of-way does not necessarily fall an equal distance back from the asphalt along Highway 5 or even other streets and roads. I mean I, and the reason I ask that question, if I recall correctly when we were asked a number of years ago with regard to a variance on a setback for the Legion with regard to their. Kate Aanenson: Patio. Mayor Furlong: Patio, and when we looked at the map there was a, there wasn't a smooth line across. It was a certain distance in one place and much less in another place and so I think with line of sight, it may look different but when we get to looking on the surveyor's lines, is that right-of-way even of does it jog in and out along the corridor? 33 City Council Meeting - May 29, 2007 Paul Oehme: I'd have to look specifically in that corridor but yeah, it does vary substantially in MnDot right-of-way. County right-of-way. Even City right-of-way in terms of where the back of curb is to where the right-of-way line will be so it does vary. Mayor Furlong: Okay. Kate Aanenson: But you're correct, we did give a variance to the Legion for that specific anomaly. They had, for some reason MnDot had taken a, kind of a chunk out of that middle of that site so you felt it was punitive for them to, but if you do look at Park Nicollet, it's not set back that greater distance either. All those buildings along that, it was part of the intent of that central business district to give, if you go back to the discussions on the entire Highway 5 corridor, you wanted that sense that you were in the core of downtown, and that that was kind of th what we've done also on West 78 when you enter downtown. We've pushed those buildings th closer to the street on West 78, that same kind of discussion when we talked about design for the Highway 5 corridor. Mayor Furlong: Okay. Todd Gerhardt: And if you check the curb for McDonald's parking lot as it runs parallel to the drive thru, it almost matches up with the building, Abra's building. Mayor Furlong: Alright, thank you. Any other discussion or comments? Relating to these code sections. Proposed amendments. Councilman Litsey: Does doing this now with what's being recommended, does it jeopardize any concerns previous to this? Kate Aanenson: This is what we have in place. You can ask the City Attorney but it's an error in the codification so it's not our ordinance that's in place. It got translated wrong. Councilman Litsey: I mean holding off on this particular section, what would that accomplish? Would it just more research and, you're saying it would come to the same conclusion. Kate Aanenson: Well right because our ordinance, what's wrong is how it got changed from the Municipal Code Corporation who does our codification. Our ordinance is correct and that's just what we're saying. We're giving false information to people. That would be my concern. Councilman Peterson: So the real question is whether or not we want to change the ordinance. Kate Aanenson: Let me clarify that. We're not changing the ordinance. We're fixing an error in the code, if that's correct. Roger Knutson: Yeah, you're correcting a codifier's error. Councilman Peterson: But to your point Bryan, if we want to change that look and feel that Abra is, you need to change the ordinance. Two different things. 34 City Council Meeting - May 29, 2007 Councilman Litsey: Okay. This is a housekeeping measure basically? Kate Aanenson: In staff's opinion, yes. As were the other ones that I had mentioned. That there were wrong citations or something to put in the wrong section of the code that should have been carried over to a different, the liquor license. Councilman Litsey: Okay. Mayor Furlong: Any other questions? Comments. If not, is there a motion relating to item 1(c)? Is there a motion to adopt staff's recommendation? Or to make any changes to staff's recommendation? Councilwoman Ernst: So moved. Mayor Furlong: Moving to adopt staff's recommendations? Councilwoman Ernst: Yes. Councilman Peterson: Second. Mayor Furlong: Thank you. It's been moved and seconded. Any discussion on the motion? Councilwoman Ernst moved, Councilman Peterson seconded to approve the Ordinance Amendments to Chapter 20, Zoning, Chanhassen City Code as presented. All voted in favor and the motion carried unanimously with a vote of 4 to 0. COUNCIL PRESENTATIONS: Councilman Litsey: Yeah I had one. I know it's getting on in time here and we have a work session after this so I'll skip over a couple things until another time but I just wanted to bring up that there has been an ad hoc Heritage Preservation Committee formed. They had their first st meeting on Saturday afternoon on March 31 at the Historic St. Hubert's Church. And then there th was a follow-up meeting this past Thursday evening, May 24 at the Chanhassen Library. It's been reported some in the Chanhassen Villager so I'm not going to go over a lot of that part of it but generally three things have kind of filtered out through that process in terms of what needs to be looked at and one is potentially partnering with the City to form a Heritage Preservation Committee. I believe, well I know Excelsior has one and Chaska has one. Many communities have them. The second is forming a Chanhassen Historical Society that may or may not partner with Carver County Historical Society. There's advantages to that but that would need to be looked at. And then perhaps forming a specific task force to take a look at preserving the historic St. Hubert's Church. So kind of three different areas that just wanted to let you know that may be coming before the council and I'd be more than willing to work with this committee and I have attended both their meetings and have an interest in the work they're doing so I think the first step at this point, at least what I suggested and maybe council has different ideas but was that we perhaps meet at the staff level to talk through some of this stuff and then depending on 35 City Council Meeting - May 29, 2007 time constraints and so forth, maybe coming before a work session or something down the road so, just wanted to let you know about that and I'll forego all the other comments. Thanks. Mayor Furlong: Okay. Any other council presentations? No? Mr. Gerhardt, administrative presentations? ADMINISTRATIVE PRESENTATIONS: None. CORRESPONDENCE DISCUSSION. None. Mayor Furlong: We will immediately upon adjournment we will convene as Economic Development Authority and then subsequent to that meeting we will reconvene our work session in the Fountain Conference Room. At this point is there a motion to adjourn City Council meeting? Councilwoman Ernst moved, Councilman Litsey seconded to adjourn the City Council meeting. All voted in favor and the motion carried unanimously with a vote of 4 to 0. The City Council meeting was adjourned at 8:25 p.m.. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 36