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CC 2007 11 26CHANHASSEN CITY COUNCIL REGULAR MEETING NOVEMBER 26, 2007 Mayor Furlong called the meeting to order at 7:10 p.m.. COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilman Litsey, Councilwoman Ernst, Councilwoman Tjornhom, and Councilman Peterson STAFF PRESENT: Todd Gerhardt, Roger Knutson, Kate Aanenson, Paul Oehme, and Todd Hoffman PUBLIC PRESENT FOR ALL ITEMS: Laura Wondra 9590 Foxford Road Kristine Kubisiak 1461 Heron Drive Erin Schliesman 843 Ramsey Avenue, Carver Madison Miller 8500 Allegheny Circle Janet Paulsen 7305 Laredo Drive Deb Lloyd 7302 Laredo Drive Nick & Sarah Wierzbinski 7511 Canyon Curve PUBLIC ANNOUNCEMENTS: Mayor Furlong: Thank you and good evening and welcome to everybody here in the council chambers as well as those joining us at home. I'd like to at this time just ask for members of the council if there's any additions or modifications to the agenda. Otherwise without objection we'll proceed with the agenda that was published with the packet. I'd like to start with public announcements. First of all, with the holiday season approaching the city of Chanhassen in cooperation with the Chanhassen Chamber of Commerce and our local businesses is proud to announce our 2007 Tree Lighting party. The event will be held this coming Saturday, December st 1 at City Center Park, right here by City Hall. The event runs from 5:00 to 6:00 p.m.. This is a great time for family, children of all ages, parents, grandparents, children, grandchildren to come out, enjoy some hot chocolate, some caroling. A visit from Santa. The lighting of our city Christmas tree and other fun activities so would encourage people to come out this coming Saturday between 5:00 and 6:00 p.m. here at City Hall. Excuse me, the City Center Park. Also some other things going on, just to make sure people are aware the Chanhassen Lions Club this year is conducting it's Christmas tree lot over by Cub Foods, so I encourage people to take a look nd there. And this coming Sunday, December 2 from 8:00 a.m. to 1:00 p.m. the City of Chanhassen, along with the Chanhassen Rotary Club is sponsoring their annual Breakfast with Santa. That's a pancake breakfast again for children and families of all ages so hope to see people at those events. And at those locations. CONSENT AGENDA: Debbie Lloyd requested that item 1(e) be pulled to hear the vote on that item. City Council Meeting - November 26, 2007 Councilman Litsey moved, Councilwoman Ernst 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 November 13, 2007 -City Council Verbatim and Summary Minutes dated November 13, 2007 Receive Commission Minutes: -Planning Commission Verbatim and Summary Minutes dated November 6, 2007 Resolution #2007-71: b. Stonefield Project 06-07: Approve Street and Utility Improvements. c. Approve Master Contract with Barr Engineering Company for Consulting Services, PW009B. d. Approve Nominations for 2007 Environmental Excellence Awards. Resolution #2007-72: f. Approval of Resolution for Advancement of State Aid Funds for Lyman Boulevard Improvement Project 06-03. All voted in favor and the motion carried unanimously with a vote of 5 to 0. 1(e). LAKESIDE DEVELOPMENT, NORTHWEST CORNER OF LYMAN BOULEVARD AND LAKEVIEW ROAD EAST, APPLICANT: SIENNA CORPORATION: APPROVAL OF MINOR PUD AMENDMENT TO ADJUST INTERNAL SERBACK REQUIREMENTS FROM 20 FEET TO 15 FEET AND ADJUST THE WETLAND SETBACK CONSISTENT WITH CURRENT WETLAND SETBACK REQUIREMENTS. Mayor Furlong: At this point then is there a motion to adopt item 1(e). Councilman Litsey: So moved. Mayor Furlong: Is there a second? Councilwoman Ernst: Second. Mayor Furlong: Any discussion on the motion? Councilman Litsey moved, Councilwoman Ernst seconded to approve the Minor PUD amendment to adjust internal setback requirements from 20 feet to 15 feet and adjust the wetland setback consistent with current wetland setback requirements for Lakeside Development at the northwest corner of Lyman Boulevard and Lakeview Road East, 2 City Council Meeting - November 26, 2007 applicant, Sienna Corporation. All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS: Debbie Lloyd: Good evening. Happy Thanksgiving to everybody. That was a slam dunk. That hasn't happened before but that's alright because I didn't have time to hang around tonight anyway. Mayor Furlong: I'm sorry, what are you? Debbie Lloyd: My visitor presentation. I just had some questions for you. Mayor Furlong: Okay. Debbie Lloyd: Were you aware that if Eden Prairie didn't approve grading on the Eden Prairie side of Lakeside, that the final plat wouldn't fit as proposed? Do you know if Eden Prairie approved the grading? Were you aware that a condition of approval for the Lakeside final plat was to meet the wetland setback ordinance? Were you aware that the new wetland setback ordinance that you approved was the only nay vote being from Councilman Litsey were lower standards for that particular wetland? Did you ever see a list of wetlands when reviewing the ordinance changes? Do other land owners know how the changes affected them? Did you sent out notification to all landowners with wetlands and advise them about the changes? Are you aware that these lower standards, along with the amendment, which you just approved, the change in the building side yard setback, were needed to make the Lakeside development meet the wetland setback? Ironic don't you think that we need to lower standards and ease up on the superior design of a PUD in order for the original condition of approval to be met. Mayor Furlong: Anyone else from a visitor presentation standpoint? Okay. We'll move on then. LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE. Sgt. Peter Anderley: Good evening Mayor, councilmen. You should have in your packet the numbers and stats for last month. If there's any questions I'd be happy to answer those. Couple of things that I want to remind the public about, one reminder is the winter parking is in effect stst from November 1 to April 1. No vehicles can be parked on the street between 1:00 a.m. and 7:00 a.m. or during the day when we have 2 or more inches of snowfall and those streets have been plowed. Just to remind everybody again. So far it's been pretty good. We get a lot of cooperation and the guys out working the road are not running into a lot of problems with the on street parking. Second thing is Chanhassen has a number of lakes in the city. It's starting to get cold. We're starting to get some ice forming on there. Remind parents and everyone to you know watch their kids. Make sure they're being safe on the ice. You know you need at least probably, at least 4 inches before you even think about walking out there and every year you know it seems like we hear somebody falls through and we'd like to try to avoid that if we can. Second thing going along with the winter months, the driving. Remember when the roads start 3 City Council Meeting - November 26, 2007 getting bad, take a little time getting to where you're going. Leave a little early. And the second thing is, we're still having a few thefts from vehicles occurring. You know again I'll just as a reminder, make sure we're taking our personal belongings inside at night. The purses. The laptop computers. Take some extra time and make sure you're securing your valuables before you go. From a staffing point in the city, Corporal Eric Kittleson was promoted today to Sergeant and is doing a general patrol position and he has been replaced with Deputy Phelps who was offered the corporal position and took over as corporal in Chanhassen. So if you see him, congratulate him and he will be here through 2008 as a corporal. Mayor Furlong: We'll welcome him home as well so, any other questions? Questions for Sergeant Anderley? No? Okay. Very good. Appreciate the update. Fire Department update was included in our packet as well. Because of scheduling conflicts, no one is here from the fir department. We did meet with the Chief this evening at our work session. Any questions for Mr. Gerhardt that we can pass along to the fire department from their staff report this evening? No? Okay. Then we'll just accept the report. Move on to the next item before us this evening. T-MOBILE: REQUEST FOR CONDITIONAL USE PERMIT AND SITE PLAN REVIEW AMENDMENTS TO ALLOW A 145 FOOT TELECOMMUNIATIONS TOWER WITH A 4 FOOT LIGHTNING ROD AND A 6 FOOT PRIVACY FENCE; LOCATED WEST OF GREAT PLAINS BOULEVARD, NORTH OF CREEKWOOD DRIVE, SOUTH OF HALLA NURSERY, AND EAST OF BLUFF CREEK GOLF COURSE (OUTLOT A, HALLA MARYANNE ADDITION). APPLICANT: T-MOBILE USA. Kate Aanenson: Thank you Mayor, members of the council. You saw this item back on April, 2007 and did approve a conditional use and site plan permit. Since that time it was determined that approval was required from the State's Historic Preservation Office. Cell towers, because they're regulated by the FCC, is required to get their approval. It is noted that there is a property eligible for the historic preservation and therefore they did request, the State Historic Preservation, working with Carver County, to move that location so I'll go through and explain a little bit about that. Again, as you indicated, the site just south of the Halla Nursery. The property here. The location that was previously approved was in this area. I'm not going to go back through and explain how we ended up at this location because I think that you're on the record stating that this…T-Mobile most suitable location. But this was approved and shows the… This is the property that is eligible for the Historic Register. Because of that and the FCC requirements for historic preservation, it was determined to be moved over to this side of the property. They moved it up in here. If you can just back out for a second. So this is the building envelope area that would be permitted, leaving all the setbacks because of the height of the structure that's required. It's 145 feet with a 5 foot antenna. It does require a certain fall area, so this area in the black is the area that would be permitted with the zoning regulations so they moved it over to this corner here, and I'll go through that. Mayor Furlong: Where did, excuse me? The yellow is where it was originally? Kate Aanenson: Where it was, yeah. So I'll show you again this is the tower, approximate tower location again and then some site perspectives from the, so we've got, so we'd be going back. 4 City Council Meeting - November 26, 2007 There's 1, 2, 3, so Creekwood… This is the first perspective of the tower. This would be from the site along the...and then this would be the one on the easterly side. Again the site itself will be fenced. They will have equipment. It will be landscaped around the entire structure. Because it's in the middle of that landscaped area, it shouldn't be visible, the structure itself. Again it's th 145, 145 feet high. At the Planning Commission meeting on November 6 there was some discussion regarding visibility, does blend in or not. Staff believes that the color meets that intent. We actually went through a lot of discussion with the Planning Commission trying to decide to use different colors but the majority in the 6 to 1 vote felt that that was the best color. There was some other comments regarding obsolete technology which we discussed, and also who benefits from that and again that's part of the whole regulations permitting process that they're required to do. So with that and the Planning Commission's recommendation 6 to 1 to approve staff is recommending approval for the relocation to meet the requirements of the Historic Preservation Act with the conditions of approval in the staff report so I'd be happy to answer any questions. Mayor Furlong: Thank you. Any questions for staff? Councilwoman Tjornhom: I have one question. I should have asked this myself Kate so I'm sorry but when you just showed us the views from the tower, those views, I know, is that from someone's back yard that we're seeing that? I should know… Kate Aanenson: It's a little hard to see the red dots, but that'd be the view from the Mills property…sampling of their property so that would be the views from those properties to the tower. Councilwoman Tjornhom: And they're residential properties? Kate Aanenson: That's correct. Correct. Councilwoman Tjornhom: And did you hear from those residents? Kate Aanenson: Yes. Yeah, at the Planning Commission there was the concern, moving it. While it protected the historic house, actually there's more homes on that side, the golf course side and Creekwood, Mandan. Some of those residents felt that they had the more visual impact. I'm not sure there's a good answer for us in that regard. But it meets the requirements for the view from the historic home, that's what the requirement. They were concerned about that. That they were now, have the impact. Councilwoman Tjornhom: Yeah, because it is out there. Kate Aanenson: Correct. Mayor Furlong: Any more questions? Couple things. Clarification. This is a conditional use permit, correct? Kate Aanenson: Correct. 5 City Council Meeting - November 26, 2007 Mayor Furlong: Not an interim use permit. Kate Aanenson: Correct. Mayor Furlong: So this will go with the property. The question raised about obsolescence and such like that is, I understand from reading the report that local municipalities have some, are somewhat restrictive in terms of limiting these towers but from an obsolescence standpoint, is there any opportunity to include as far as conditional use permit, something with regard to abandonment and requiring it to be removed at that point? Roger Knutson: I think you could do that. I don't see why not. Sure. It's the first time I've heard anyone suggest it. Everything gets obsolete at some point I guess. They're still putting them up. They're still using them. Mayor Furlong: Right, but I think you know the question was raised in terms of technology advancing and clearly we've dealt with that on other issues here and if perhaps you know we address that at that time, if the use of the tower you know for some period of time or it's no longer used for a period of. Roger Knutson: I can suggest a year. Mayor Furlong: 12 months, that it would need to be removed. Roger Knutson: I think that'd be perfectly fine. Kate Aanenson: And then I just wanted to also indicate that the way we set up our ordinances to encourage co-location. Mayor Furlong: Right. Kate Aanenson: So if somebody else was to come on this, like we had a strong indication that another user provider will be on that, it does not go back through the process because that's encouragement to co-locate. Mayor Furlong: Absolutely. Kate Aanenson: So they would, another user could go on this site and they're working, negotiating on that now. Mayor Furlong: On the same tower. Kate Aanenson: That's correct. Mayor Furlong: Yep, and that I think, you know so we don't have 3 or 4 towers sitting next to each other, I think that's a very good policy. But at the same time if there are no more users and 6 City Council Meeting - November 26, 2007 you know, at some point in time in the future, since there is no other limit with that, I would suggest that and offer that to the council for consideration at least. Any other questions? Councilwoman Ernst: Just a comment. Then just basically you're saying what was in our packet, it looks like the tower will probably become obsolescence within 5 years? Or after 5 years. Kate Aanenson: I'm not sure. Mayor Furlong: I think that was someone's. Councilwoman Ernst: I thought it was saying that it'd be less than 5 years. Mayor Furlong: That might have been a statement by someone at the Planning Commission. I guess I would avoid any false hopes if someone has that. My only thought is, as a conditional use, which if that's what's being asked for, that we would you know, if it's no longer being used, then it would be removed, or required to be removed and then if there's another use in the future, they'd go through the process. Councilwoman Ernst: I was just surprised to see that. I didn't think 5 years, 5 years seemed like an awful short time. Mayor Furlong: But to Ms. Aanenson's point about co-location and, I think that's a good policy and certainly support that. Absolutely. Any other questions? For staff at this point. Okay. There was a public hearing at the Planning Commission, correct? Kate Aanenson: That's correct. Mayor Furlong: Okay, I didn't know, is there anybody here that wanted to provide public comment that they didn't have an opportunity to provide at the Planning Commission? If not then we'll bring it to council for thoughts and discussion. Councilman Litsey: I like your suggestion of I think the 12 month if it's not in use, take it down. Otherwise I think it's pretty straight forward. Mayor Furlong: Okay. Any other thoughts or comments? Okay. There's a motion in the staff report. What page is it on? Kate Aanenson: I believe it's on page 17. Mayor Furlong: 17 of the staff report that went to the Planning Commission? Kate Aanenson: I believe the motion is actually on page 16. The condition use is where you want to amend for the 1 year would be on page 17. Mayor Furlong: Okay, let me find that. …would be 18. 7 City Council Meeting - November 26, 2007 Kate Aanenson: Yeah, would be the beginning of the conditional use. Mayor Furlong: I want to get there so I can have, do you have it there Bryan? Kate Aanenson: It'd be condition, you'd add number 8. Councilman Litsey: I'm on page, on 18. Mayor Furlong: So there's a site plan review as well as the conditional use. Kate Aanenson: The conditional use would be the non-use for one year would… Mayor Furlong: Under the conditional use conditions? Is there specific language you want us to include in there Mr. Knutson? Roger Knutson: If the tower is not used for communication purposes for a continuous 12 month period, it shall be removed. Mayor Furlong: At the cost of the owner. Roger Knutson: At the cost of the owner, of course. Mayor Furlong: So that would be suggested language for condition number 8. Councilman Litsey, would you like to make the motion there starting with going on page, bottom of page 16? Councilman Litsey: Yeah. Site Plan Review, make a motion the City Council approve the amendment to the site plan permit 07-04 for a 149 foot telecommunication tower and a 6 foot cedar fence as shown on the plan received October 5, 2007 subject to the following conditions, and there's conditions 1 through 10. Should we do these in two separate motions or? Mayor Furlong: Let's do them together, unless there's objection. Councilman Litsey: Okay. Then under conditional use permit, City Council recommend approval of the amendment to the Conditional Use Permit 07-04 for a 149 foot telecommunication tower as shown on the site plan received October 5, 2007, subject to the following conditions 1 through 7 and also 8 as discussed tonight. Mayor Furlong: As stated by Mr. Knutson. Councilman Litsey: As stated by Mr. Knutson, thank you. Mayor Furlong: Thank you. Is there a second to that? Councilman Peterson: Second. 8 City Council Meeting - November 26, 2007 Mayor Furlong: Made and seconded. Any discussion on the motion? No? Councilman Litsey moved, Councilman Peterson seconded that the City Council approves the Amendment to the Site Plan Review #07-04 for a 149-foot telecommunication tower and a 6-foot cedar fence as shown on the site plan received October 5, 2007, subject to the following conditions: 1.The applicant shall enter into a site plan agreement and submit financial security to guarantee the improvements. 2.Clearing for the tower and equipment pad shall be no greater than 15 feet from the edge of the pad. 3.A maximum of 25 feet is allowed for clearing the access road to the site. Trees shall be preserved to the greatest extent possible. 4.The applicant shall install a minimum of eight Black Hills spruce around the equipment platform. Trees shall be at least six feet in height. 5.Site grading and vegetation removal shall be minimized to the greatest extent practical. If any excess material is anticipated to be generated as a result of access road construction, the disposal location must be approved in writing by City staff prior to road construction. 6.A rock construction entrance complying with the City’s standard detail (#5301) shall be included on the Erosion and Grading Plan and shall be constructed prior to the remainder of the gravel road. 7.If applicable, 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. (Watershed district and MPCA permits are necessary if the total disturbed area is in excess of 1.0 acres). 8.The current driveway grades near the pad are up to 20%; the area should be graded so that the maximum grade does not exceed 5%. 9.The driveway off of Creekwood Drive may not be used to serve nor access the Halla Nursery commercial operation. 10.Building Official Conditions: a.A building permit is required to construct the platform and tower; the tower must be designed for a wind load of 100 MPH 3-second gust wind load (ref. 2000 IBC, Sec. 1609) and include the effect of one-half inch of radial ice (ref. MSBC 1303.1800). b.The plans (tower and platform) must be signed by a professional engineer licensed in the State of Minnesota.” 9 City Council Meeting - November 26, 2007 c.The contractor shall meet with the Inspections Division as early as possible to discuss plan review and permit procedures. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Councilman Litsey moved, Councilman Peterson seconded that the City Council approves the Amendment to the Conditional Use Permit #07-04 for a 149-foot telecommunication tower as shown on the site plan received October 5, 2007, subject to the following conditions: 1. The applicant shall enter into a conditional use permit agreement and submit financial security to guarantee the improvements. 2. The tower shall comply with the requirements in ARTICLE XXX. TOWERS AND ANTENNAS of the Zoning Ordinance. 3. The tower shall not be illuminated by artificial means and shall not display strobe lights unless such lighting is specifically required by the Federal Aviation Administration or other federal or state authority for a particular tower. 4. No signage, advertising or identification of any kind intended to be visible from the ground or other structures is permitted, except applicable warning and equipment information signage required by the manufacturer or by Federal, State, or local authorities. 5. The applicant shall submit documentation at the time of building permit application showing the height above grade for all potential mounting positions for co-located antennas and the minimum separation distances between antennas. A description of the tower’s capacity, including the number and type of antennas that can be accommodated should also be provided. 6. The monopole color shall be the brand “Tnemac” and the color “Blue Elusion”. 7. All outdoor storage associated with the Halla Nursery and located within Outlot A, Halla Maryanne Addition, shall be removed prior to issuance of a building permit for the tower and the area shall be revegetated.” 8. If the tower is not used for communication purposes for a continuous 12 month period, it shall be removed at the cost of the owner. All voted in favor and the motion carried unanimously with a vote of 5 to 0. COUNCIL PRESENTATIONS: None. ADMINISTRATIVE PRESENTATIONS: Todd Gerhardt: Nothing to add. Been a quiet 2 weeks here so. 10 City Council Meeting - November 26, 2007 Mayor Furlong: Just ask how the League of Cities went. Todd Gerhardt: It was great. We attended most of the sessions and there was courses in sustainability, transportation. We heard speakers from Mayor Bloomberg from New York speak. New Orleans Mayor Najin, I think was his name, and. Councilwoman Tjornhom: Nagin. Todd Gerhardt: Nagin, there you go. And encouraged people to spend lots of money and help the community, like all good mayors do. But especially in New York and New Orleans with their tragedies that they had. We did get the opportunity to tour some of the devastated areas which Katrina had happened to go through there and where the levies broke. What was it, Ninth Ward still hasn't been reconstructed. I think we traveled several miles in that area. Some of the commercial buildings you were starting to see come back but none of the single family homes. I think we saw one in the Ninth Ward that was reconstructed. A couple of them are starting to remodel but they definitely need more help down there financially. I think there's some policy decisions that they need to make locally regarding allowing some of the people to re-build in those areas. Those people that do re-build have to raise their homes up. I think that has some issues. There's no uniformity in the housing stamps as you look at it, as you drive along the boulevard. But you know they still need a lot of help in rebuilding. The market's changed. There are a lot of people moved out of town. Hundreds of thousands of people and that's changed their market so you know a lot of businesses had to close because of that so, they're really trying to reinvent themselves. The downtown's strong. You know that's up to about 100% capacity and definitely you've got to have the tours and things going on there and Bourbon Street and the casino and the river walk area is doing well there. Mayor Furlong: Very good, thank you. Any other questions for Mr. Gerhardt? CORRESPONDENCE DISCUSSION. None. Mayor Furlong: If not, we will continue the last item of our work session in the Fountain Conference Room and we will be following, that will be a public session, even though it was listed as an executive session. Also I see we might have some students here tonight. Just a suggestion, make sure you sign in to the sheet over at the table over there. If you're not on that list, please do so so you get credit for being here. With that, is there a motion to adjourn? Councilwoman Ernst moved, Councilman Peterson seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The City Council meeting was adjourned at 7:35 p.m.. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 11