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1d Approval of MinutesCHANHASSEN CITY COUNCIL WORK SESSION APRIl. 14, 2003 Mayor Furlong called the work session to order at $:20 pan. COUN(~L MEMBER~ PRESENT: Mayor Furlong, Councilman Peterson, Cotmcilman Ayotte, Councilman Labatt and Councilman Lundquist ~TAFF PRF~ENT: Todd Gerhardt, Justin Miller, Kate Aaneoson, Teresa Burgess, Bruce DeJong, Greg Hayes, Richard Rice, and Corey Hoen A. DISCUSSION QF I.mRARY GRAND OP~NING ~C~-L~RATION, Melissa Brechon and Amy Haas, the Library Grand Opening Committee Co-Chairs were present to update the council on the plans for the celebration, outlining an invitation only celebration on Thursday, April 14m with beverages and desserts. Melissa Brechon asked if May~r would emcee the event. On Saturday, August 16m the library will open to the public for business with refreshments being donated from community sponsors, e~tertahxmeot and an appearance from Governor Pawlenty between 1:00 and 5:00 that ~emoon. Todd Ger~ asked Corey Hoen to keep the Mayor informed as to the governor's arrival time. There was discussion over various people that could be asked as dedication speakm~ Councilman Peterson asked about serving liquor on city premises. Todd Gerhardt stated city ordinance would be followed. Councilman ~ asked for clarification on the budget for this event. B. rR - OI ING. Jim Proesser and Mark Ruff from Ehlers and Associm~ were present to go over the final draft of the Key Financial Strate~es document and asked for any co~ts or suggestions from council members. Councilman Peterson asked how the C~ty implements the recommendations into Jim Proesser and Mark Ruff both explained how communicatioo with the public and other taxing entities was so i .mportant. Councilrrum Ayotte asked for clarification on commerci~mdusuial set a time within the next 30 days to adopt the Key trmancial Strategies. Todd Gerhardt and Bruce DeJong discussed the changes in rules for bonding and ~ the council to be prepared to act on bonding for vehicles by the end of the montlz Mayor Furlong adjourned the work session at 6:30 p.m. Submi~ by Todd Cmrhardt City Manager Prepared by Nann Opheirn CHAN-HASSEN BOARD OF EQUALIZATION AND REVIEW APRrL 14, 20O3 Mayor Furlong called the Board of Equalization and Review meeting to order at 6:35 p.m. (~QIj'N~IL MEMBERS P~: Mayor Purlong, Councilman ~ Councilman Lundquist, Councilman Ayotte, and Councilman Peterson Dan Salsendahl, Hennepin County Assessor BO a D Or g. QULTZnTION Rgv w. Todd Gerhardt: The City of Chanhassen conlracts with Carver County for our assessment services. Angie Johnson is our Carver County Assessor, and she's here to give an overview of the assessment practices for 2003. Angie. Angie Johnson: Here tonight also is Steve Clay, our Senior Appraiser who does the residential ~es in Chanhassen, and representing Henuepin County is Dan Salsendahl. Basically every year we nm a 12 month sales survey with the Deparmteat of Revenue. This past year we had 432 residential sales in the city of Chanhasse~ Basically the 12 month sales survey starts the first of October and hms to the end of September which determ_ ines our estimat_ed market value for January 2, 2003. Basically overall we had about a 9 perceat increase overall in the market value for the city of Chanhassen. About 10 percent for residential properties. About 4 to 6 petceat for commercial/industrial. 6 percent for apartments. Overall 9 to 10 percent for all other which is basically agricultural properties. Basically tonight is the night that citizens and property owners can appeal their estimated market values or their classifications and they still, some of them have already contacted us and we do have some recc~nmendafions ready and I don't know if there's anybody that hasn't contacted us. We usually ask that ~ owners call our office first That way we can review the information prior to this meeting and come to the Board prepared with a recommendation right away, but if we need to reconvene we can reconvene also. Otherwise we could also close tonight. Is there any questions? Todd Gerhardt: Angie, how many appeals have you received to date7 Angie lohnson: Well basically we had about 3 that said that they would be coming to the meeting. I don't know if they're coming or not. We had about maybe only a couple dozen phone calls actually. It's been very, very quiet county wide. Unbelievable. I don't know. Value's been going up and everything else too but it's county wide it's just very quiet. Todd Gerhardt: Nobody's filled out a formal form? Angie Johnson: I think we have a couple. Todd Gerhardt: In the box tonight? Okay. At this time we'd welcome any residents that would like to speak in front of the Board to give an overview of their assessment and too high or too low. Board of Equalization and Review - April 14, 2003 John Ridley: I guess I'll lead off. I'm John Ridley. Mayor Furlong: Could you give us your address too please. John Ridley: Yeah, 590 Bighorn Drive here in Chart. It doesn't happen very often but tonight I'm speaking for my wife and L Usually she has her say. She can't be here tonight. I guess the reason I'm here tonight is to appeal both the taxable market value and the estimated market value that has been displayed on this notice of valuation and classification that came out for assessment year 2003, which will be used for next year. I've already met with Steve Clay. We walked through the house together. I expressed my concerns about valuation and why I felt that they were not in line with what I believe the marke~ value of that house is. And he came back with a proposal of a quality adjustment of $10,000 on an overall estimated market value of $371,000. You know I'm not in the real estate business. I am a homeowner and concerned about obviously what the value of my home is and how it compares with the market, and also the assessed value and taxes I pay. But I live in the Shadowmem subdivision which I don't know when that subdivision was started. When I bought the ~ it was in the fall of '91 and at that time out of 26 lots there was only about 3 of them that were left to be developed. The house was a spec house built by a builder that apparently bellied up somewhere in the process. It was finished by Lyman Lumber Company. I really believe that Lyman Lnmber Company decided that they were going to clean out their inventory of materials that people had ordered but they didn't want, or that they were buying to sell people because they finished it on the cheap, and that's okay. I mean you look at the overall package and you decide whether you're interested for what the property sells for and you move ahead. But comparatively spes~g to the rest of the houses in that subdivision, our house is smaller in size and the quality of the fininhing~ are 8igllific.~tlltly different than the others, and I'm not going to waste all of your time to enumerate that but the size of that house is 1,100 square foot a level and there's 3 levels. We're a total of 3,300 square feel Most those homes in that area are in the 4,000 to 5,000 range. I could go on and on about the finighing but just basically there are no name brand windows in that home. There's no quality fixtures in any of the plumbing locations. The main entry is not a wood entry. It's some kind of a pressed wood entry. I believe the realtor called it wonder wood because you wonder what it is. But there's several things about it that are not going to demand or command a pmminm igice when you go to sell it. And I just think that that, those features have not been taken into consideration. I know Steve's offer of a reduction of $10,000 may sound like it's si~nificant but not when you look at the overall assessed value of what that house has now risen to. You know I'm looking at what has happened to that taxable market value in the last 2 years going from 2001 to 2003, it's an increase of 23 percent. It was sitting at $294,500 and now the, for 2003 what we're trying to get to is $362,900 which is a 23 percent increase over the 2 years. The estimated market value which I guess is what it should sell for was raised from $294,500 to $3'/1,300. That's 26 percent. I don't know that I can go out on the market and get over $335,000 for that house. I think that's the max. I haven't tried to sell it. I'm not in that position but I just, I think that those numbers that have been submitted on this notice of valuation need an adjustment and I don't believe that the $10,000 that Steve proposed is adequate. Mayor Furlong: Good, thank you. Questions? Todd Gerhardt: Mayor, it's not our place tonight to make a decision on it. I would recomn~nd that you continue to work with Angie in the next 2 weeks. ~ decision from the council will be made April 28~ at 6:30 in this room ~. Right now tonight the objective is to receive commen . ~ve you work with Carver County Assessor's olYice to come to some conclusion. If not, then this City Council board will make a decision at their April 28~' meeting. And then from Board of Equalization and Review - April 14, 2003 that it will go down to Carver County Board and then if you're not satisfied with this council or the Carver County Board decision, you always have District Court as your next step. John Ridley: Okay, thank you. Mayor Furlong: And there is an opportunity if people do not wish to make a public statement to just file a written? Todd Gerhardt: Correct. Mayor Furlong: Request too as well. Todd Gerhardt: But your verbal is enough tonight to put you on record. Mayor Furlong: Okay. Are there any other individuals that wish to speak up in front of the Board? Okay. councilman Peterson: Angle, did I misunderstand you. I thought I heard you say that we could make this the final meeting tonight. Angle lohnson: Yes you could. councilman Peterson: So as Todd walks away. Angle Johnson: Basically we've always been at two before. This meeting and a second meeting because we've had so many people cominE to the meetings, but basically the other meeting is basically for the convenience of knowing that we have a set meeting schedule, although since we only have one appeal here, and Steve has already talked to him. councilman Peterson: That was my point so. Angie Johnson: And has his recommendation ready because the one gentleman that I talked to basically I had a recommendation ready but he didn't have time to hear my reco~on of no change and such so. People that we talked to, we basically told them that they would have to present their appeal to the Board tonight and it would have to be tonight and the ones that we have talked to, we have recommendations for. Steve does have r~ommendAtions already tonight for this property. Councilman Peterson: So that being said Todd, I mean I don't see any reason to have another meeting. Todd Gerhardt: What was in the notices? Angle Johnson: )ust the first night. Todd ~t: Just tonight? Angie Johnaon: If you do not. Todd Gerhardt: We don't put the second one? Board of Equalization and Review- April 14, 2003 Angie Johnson: ...because we've always done that before. Todd Gerhardt: Our past practice has been to hold two meetings to solicit input, but in the past, I think last year we had 12 appeals.' Prior to that I think it was 40. I've been here when we've had 200 appeals before. I think AI's been at a few of those meetings, and it's. Steve Clay: That was before we. Todd Gerhardt: That was before you guys, yeah~ Those were Orlin's days. Angie Johnson: We want to state that we weren't here at that time. Todd Gerhardt: They were not fun meetings. And it's up to the council. If you want to make a decision tonight, you're within your realm to do that. Councilman Labatt: I'd just like to ask Mr. Clay a couple questions on this property. Steve Clay: You can do that but I can pass out the information... Councilman Labatt: Could you7 Mayor Furlong: I've got a question as you're doing that. Is there, just f~r my edification frc~ a notice standpoint. The meeting starts at 6:30. Generally we were planning to nm this to 7:00 prior to our council meeting. Is there any desire to make sure we give people the proper time to get here? I guess it's beei1 20 minutes so we're probably covered from that standpoint. I wouldn't want to make a decision tonight and keep somebody. Councilman Peterson: We'll wait til 7:00. Mayor Furlong: Yep, and that's fine. Todd Gerhardt: That would be a good practice. Mayor Furlong: If somebody's running a little late. Angie Johnson: In the meantime Steve could distribute his infcamaafion to you and you can have a discussion on it. Mayor Furlong: And were there any requests left written out in the hallway Todd? Angie Johnson: Apparonfly not. Mayor Furlong: So this is the only one at this point? Angie Johnson: Apparently. Mayor Furlong: Okay. Well unless there's objection, maybe we can start talking through this particular property. Steve Clay: I guess maybe we could start with the last page. Photos of the ~. This subdivision where he lives is basically one long city block. I don't know, at the end of this block Board of Equalization and Review- April 14, 2003 there's 3 or 4 lakeshore, or 5 lake. shore properties. The one at the end has a new house being constructed on it. You had to make some decisions about pilings and setbacks. If you're familiar with this neighborhood. What part of town... I~ house is, as he spoke of course is subject... The other 3 sides. Councilman Ayotte: Steve, talk a little louder into the mic. Steve Clay: It's stuc~ front and wood on the. Councilman Peterson: Steve, talk right into the microphone otherwise we won't be able to hear you. Steve Clay: Mr. Ridley is right, this house has a lot more appeal from the street than it does when you get inside. The rooms are broken up fairly small for this type of house. And his description was fairly accurate. If you were to, the other homes on that street we would rate at a quality level of 50's or 60's out of a scale of about 10 to 100. And what I've got his, aPter inspecting it, was 40 quality so regardless of it's exterior appeal, I am: I did adjust the quality level down. And the 3 comparables that I used, them were no real comparable sales on bis immediate street so I did use two sales about half a mile north of him in...subdivision south of Highway 5. Look at those 3 sales, the sale prices and then with them all sold in summer of last the 3 corntmrable sales and the subject. The general rule of thumb of an analysis like tMa, and this is very, extremely similar to what a field appraiser uses when they're doing an appraisal for your mortgage or a second mortgage. If the comparable sale is superior to the subject to subtract money and it's approximate market value, wbate, ver the difference is. If the comparable is inferior to the subject, that would ~_dd money to the sale price. Doing that to all 3 sale prices gives us 3 indi~te~l_ values at the bottom which says that if ~ble one sold for $345,000, after making adjustments for these differences, the subject would sell for $363.500. $365,000 for the second comparable and $276,400 for the third. This final estimated value, the computer's just doing an average of those 3 numbers. Our original estimated value when the notices went out was $371,300. Councilman Petermn: How much? Steve Clay: $371,300. And after looking at the property and adjusting the quality a little bit, we're now looking at a reco~on of $361,400. It'd be $9,900 reduction so we're recommending $361,400 which is the number that our computer calculates. And we're looking at the comparable sales analysis of these 3 sales, it suggests that the value is slightly mc~re than that so I think we could be safe with the 361. Mayor Furlong: Okay, thank you. Are there any questions? Councilman Lundquist: Steve, when I'm looking at this ~le grid, on the subject ~ you've got quality of cons~on listed as above average. And I think we just heaud Mr. Ridley say that. Steve Clay: Well that is, yeatL We give arbiUm'ily give names to these different n~ code levels. We call, we start with below average, average, above average, above average plus and good. Gtxxi plus. It's for no other reason than just to put a name to these different levels of quality. Board of Equalization and Review - April 14, 2003 Councilman Lundquist: So if then they're all of similar quality, comp 1, 2 and 3, does that mean that all 3 of those houses have poor, or you know, nothing fancy on the inside? Steve Clay: They would be of a similar quality. Similar quality cabinets, doors, ceiling heights, things like that. Houses can vary quite a lot by character and where sometimes yon have to practice the art of appraisals when you're judgi, fng quality. As you go into a house you look at things like how high are the ceilings and what's the quality of the cabinets. How much flooring is wood or ceramic tile or cheap vinyl or carpeting. What kind of railings do you have on the stairway or is it just a haft sheet rock wall and a border across the top. Is it hollow core doors or 6 panel doors and if they're 6 panel, are they fir or are they maple or are they birch. And you may have some aspects of one quality level represented in the house and other aspects of a lower quality. You have to sort of look at all these things together and come up with an average or an aggregate for those feamnv, s to say this house is generally this quality. Councilman Lundquist: Okay. Mayor Furlong: Any other questions? Councilman Ayotte: Of the homeowner but is that appropriate now7 Mayor Furlong: Certainly. Councilman Ayotte: So you didn't think $10,000 was enough of a reduction. What do you believe is an appmpria~ reduction and why? John Ridley: I had, what I put in my letter to Steve or the Board was, I figured a 10 percent reduction of that value. Because I think the original, the original value in 2001 was $294,500. Estimated market value was the same. But that was 60,000 last year and now it's in~ again this year and I just think that it's about $30,000 high. Councilman Labatt: Steve, can you go and look at both the dwelling and the land value in what the increases were in the land only over this same period of time too? Do you have that? The estimated land value is 88. Fm wondering what that was increased from last year, if it was. And how that relates into the total total. Angie Johnson: Actually last year we were at $95,000 so the land was reduced to $88,800. The building was at 265,400 and it incremsed to 282,500. Basically his value increatsed from $360,400 to $371,300. Mayor Furlong: So last year the assesmmnt total was $360,400. Angle Johnson: In 2001. Mayor Furlong: And now the recommendation is 3617 Steve Clay: Correct. Mayor Furlong: 400. Councilman Lundquist: It'd be $1,000. Board of Equalization and Review- April 14, 2003 Councilman Labatt: Okay. Todd Gerhardt: And why did the land go down7 Steve Clay: As he stated, and I can't remember if he stated it at the podium or if I read this in the letter he gave me. Also that there's no underground sprinkling system- The landscaping is fairly minimal for that neighborhood. The drop off is fairly steep limiting some of the back yard functional use. Adjusted the land a little more. Mayor Furlong: How do you address from overall percentages, you said market value increase of about 9 percent overall. The resident's comment about the 23 percent over 2 years. Angie Johnson: We're just looking at last, we only look from one year to the next. We can't go back any further. Mayor Furlong: Okay. Just, and maybe not specific to this property but property values in general, what were the caiculat~ if it was 9 percent from last year to this year, do you recall what the comparable increase was a year ago? Steve Clay: The year prior was about, no I think it was about 10 or 12. Councilman Peterson: Yeah, I think it was closer to 12. Steve Clay: Our adjusting values by individual neighborhoods in town so one neighbodxx)d might be higher or lower. General adjustment than another. We don't just do one adjustment for the whole city anymore, which is part of increasing the equality and the equity between the two areas ofthe city. On average it's been 10-12 percent the hst 2 or 3 years. Mayor Furlong: Okay. Councilman Labatt: I would just go with the assessor's reconm~endation. What he's come up with here for a decrease. I think it's fair. Councilman Ayotte: Talk a little louder Steve. Mayor Furlong: Do you want to make a motion? Councilman Labatt: I would move that we approve the assessor's recommendation of a decrease of $9,900 to a new estimst_ext market value of $361,400. Mayor Furlong: Is there a second on the motion? Councilman Peterson: Second. Mayor Furlong: Any discussion? Councilman Ayotte: I'd like to again query him. Vfnen you said that the closest comps were how far away? Councilman Labatt: 7/10~'s of a mile. Board of Equalization and Review - April 14, 2003 Counc/lman Ayotte: 7/10~ of a mile. Now, is that unusual? Typical? Atypical? Not to find any other houses closer by than that to get a comp7 Steve Clay: It depends a lot on the neighborhood. This particular street that he's on is fairly unique. If you go south of it or north, the quality and the age of the homes is lower so really isn't anything similar within a quarter mile or something. By underwriting standards for mortgage companies, things like that, you typically look at 1 mile as being acceptable. Mayor Furlong: Okay. There has been a motion discussion on this property? Councilman Labatt moved, Councilman Peterson seconded to approve the assessor's recommendation of a decrease of $9,900 to a new estimated market value of $3~1,400 for the property located at 590 Bighorn Drive. Ail voted in favor, except Councilman Ayotte who opposed, and the motion carried with a vote of 4 to 1. Mayor Furlong: At this time are there any other, I'm sorry. Todd Gerhardt: We have one more appeal. Mayor Furlong: Okay. Todd Gerhardt: Just for the gentleman that did submit his appeal. Carver County will be meeting as of their Board of Equalization on June 17~ at 1:30 down at the Carver County Courthouse building in Chaska. That's June 17~ at 1:30. Mayor, we have one more appeal that did come in. Nancy, do you want to speak or, we're trying to make a decision tonight on all the apw. ah. We only received 2 appeah. Nancy Mancino: Oh okay. Nancy Mancino, 6620 Galpin Boulevard. We've been out of town and we just got it when we came back inw town a few days ago so I would just like to have the time to talk to the assessor. Have them come out to our ~, etc. We left I think on the 23~t, March 23r~ and haven't been in town so Fm wondering if you can go ahead and pass everyone else and then can you come back and do that again Mr. Mayor? I don't know how you do that so. Mayor Furlong: Okay. Well to the extent that you're here this evening, that's a start so. Nancy Mancino: Okay, thank Mayor Furlong: If it's the desire of the committee, I think have you had an opportunity to view her property yet? Steve Clay: Last year. Mayor Furlong: A year ago. ' Steve Clay: Last year's Board. Nancy Mancino: So I have some questions about the value that went up excessively thi~ year. Mayor Furlong: Okay. Alright. I guess the question is, would you be prepared to talk thi.~ evening about her situation for thi.~ year's assessiig.'nt? Board of EqualiTation and Review -April 14, 2003 Steve Clay: Well just spealdng. Nancy Mancino: I mean I didn't come with anything prepared or I didn't know that this was going on tonight so, it kind of caught me. Steve Clay: I didn't make any changes to eithe~ the cbaractexislics in our computer valuating system. I didn't make any changes to the charactm-istics of tl~ land or the house on what they were last year so any increase she has would have been the same increase that was put on everybody's building values or land values in that class of land. Mayor Furlong: Okay. Nancy Mancino: I think it was over 9 percent thought that it we~t up. Steve Clay: 9 percent would be fight in line with the rest of the city. Nancy Mancino: But I think it was way over that. Steve Clay: Mol~ than that? Nancy Mancino: No, I don't have anything with me, I'm sony. I just went to th~ accountant today to get our taxes done and that's when I saw it so. Councilman Ayotte: Well typically if it's a 2 week period anyways, why not give hex the chance to. Mayor Furlong: I agree. I agree. I guess I'd like to ~xtain a motion to continue until April 28~ and request that the assessor work with Ms. Mancino to come back with a x~mm~mdatiom Is there a second? Councilman Lundquist: Second. Mayor Furlong: Any discussion on the motion? Okay. Seeing none, we'll call the question without objection. Mnyor Furlong moved, Councilman Lundquist seconded to recess the Board of Falunlizntion nnd Review unlil April 28~ 2003 nt 6:30 p.m. All voted in fnvor nnd the molion carried unnnimonnly with n vote of 5 to 0. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim CHANHAS$~ CITY COUNCIL SUMMARY MINUTF~ REGULAR MEE~G APRH. 14,2003 Mayor Furlong called the meeting to order at 7:10 p.m. The meeting was opened with the cOUNCIL MEMBEI~ PRESENT: Mayor Furlong, Councilman Labatt, Councilman Ayotte, Councilman Lundquist, and Councilman Peterson STAFF PRES~: Todd Gerhardt, Roger Knutson, Justin Miller, Kate Aan~ and Teresa Burgess PUBLIC PRESENT FOR ALL ITEM~: Jerry & Janet Paulsen Debbie Paulsen Bruce Feik 7305 Laredo I)cive 7302 Laredo Drive Planning Commi.,~don PUBLIC ANNOUNCEMENTS: INVITATION TO ~ EASTER ~ CANDY APRIL 19~ 2003. Mayor Furlong invited the public to a_n__end the annual Easter Egg candy hunt at the Chanhas~ Recreation Center on April 19, 2003 starting at 9:00 n_m. and outlined the schedule of events. PRF.~ENTATIQN QF MAPLE LEAF AWARD; LI~ANN ~I)NEY, Iq.,AI~NING COMMISSION MEMBER. Mayor Furlong presented the Maple Leaf Award to LuAnn Sidney for her 6 years of service on the Planning Commigsion. CONSENT AGENDA; Councilman Peterson moved, Councilman Lundquist seconded to approve the following consent agenda items pursuant to the City Manager's recommendations: Resolution g200~7: Cancel Feasibility Study for the 2003 Street Improvement Project; Authorize Preparation of a Feasibility Study for the 2004 Street Improvement Project. C. Resolution//2003-38: Award of Bid, Iatke Susan Regional Pond Reconstmclio~ File SWMP 12-X. d. Resolution t~1(1~9: Approval of Plans and Specifications and Authorize Advertising for Bids; Bluff Creek Re-meandering Project, trfle SWMP 12-Y. g. Approval of ~_mutes: -City Council Summary and Verbatim Minutes dated March 24, 2003. Receive Commission Minutes: -Planning Commission Summary & Verbatim Minu~ dated March 18, 2003 -Planning Commission Summary & V~ Minu~s dated April 1, 2003 City Council Meeting - April 14, 2003 1) 2) Approval of Final Plat Approval of Development Contract and Consm~on Plans & Specifications, Project 03-03. Approval of a Variance for Wall Signage, Buffalo Wild Wings, 550 West 79~ Street, Clearwater Development Group, l J J2. Approval of Temporary Lifting of No Parking Zone on Kexber Boulevard and lVlarket Boulevard. Resolution g2{g)3-40: Approval of Change Order to Relocate Transformer as a Part of City Center Comm~fls Project Appointment of Becky Olson to 1VFmnctonka Community F_xlucation and Smric~ Advisory Board. n. Approve Purchase of CIP Vehicles. All voted in favor and the motion carried unanimo~y with a vote of S to O. VISITOR PRESENTATION. Becky Olson, who was appointed as the Cbanhassen rc-pmsen~ve on the Minnetonka Community Education Service Advisory Board, introduced herself to the City Council. A1 Klingelhutz asked the City Cotmcil to comicl~r a request at their next mee~g to adopt a no wal~ ordinance on Lake Susan to help alleviate the problem of shoreline erosion due to the high water. He also asked that the City Council consider not allowing the waterski to~t to be held on Lake Susan this year. Kate Aanenson stated it was a very complex issue and that the item could not be on the next agenda. Lori Haak, the Water Resom'c~ Coordinator was working on the issue of erosion at Lake Susan and would hold a public hearing as soon as possible. N$mERATION OF NTRAG'I wrr CAR COUN smear'S Ao 2ooz POLICE ADDENDI, YM TO PR0¥IDE FQR A I~ANHA,~qEN ISERG~, 2OO3 WORK PLAN. Councilman Lundquist, who had asked that this item be tabled at the last meeting, stated his questions were answered. Councilman Ayotte stated he would like the information the council receives with respect to what's going on in public safety to get out to the public. The Chanhassen Villager is including some of the information on a weekly basis, but the substance of the infca'mation is a quantum leap to where it was before. Councilman Lundquist moved, Coun~lman Ayotte seconded to approve the 2003 Police Service Contract with Carver County and the Carver County Sheriff's Department; the Addendum to the Police Contract with Carver County for a sergeant to be assigned to the City of Chanhassen in the amount of $81,868,35; and the 2003 Work Plan for Law City Council Meeting - April 14, 2003 Enforcement Services. All voted in favor and the motion carried unanimously with a vote of Sto0. REQUF.~T FQR ~ITE PLAN REVIEW FOR AN APPRQXIMATE 45,600 ~QUARE FQOT OFFICE WAREHOU~E ADDmON AND A 7~00 SQUARE FQQT 'rH ~:gMAL 0IL BUILDING WITH VARIANCES. AND A CONDITIONAL USE PERMIT FQR DEVELQP wrrmN DISTmCT, S000 AUDUBON ROAD~ GENERAL Public Present: Name Address Tammy Ziegenbein, General Milla Jack Wemer, AMEC Mark Wasescha, AMEC 4400 Jewel Court No, Plymouth 3721 Impatiens T-~ue No., Brooklyn Park 179 S. Fairview Avenue, St. Paul Kate Aauenson presented the staff report and provided an upda~ from Planning Commission. Councilman Labatt asked about the thermal oil building and in the event of fire in that building, if the city has the proper equipment to assist in e 'kminafing that fire. Todd Gerhardt st_s_t_~ that the applicant would have to conform to all buil~ and fire codes before obtaining an occupan~ permit. Councilrrum Lundquist asked Bruce Feik, who was present representing the Planning Commission for his input Mayor Furlong stated one oftbe issues that came up at the public hearing at the Planning Commi~ion was with regard to traffic and speed of traffic along Coulter Boulevard and asked that staff relay that information to Sexgeant Olsom Mayor Furlong also thanked General Mills for being a good corporate neighbor to the city. Councilman Peterson moved, Councilman Labatt seconded to approve the Conditional Use Permit g2001-2 to permit development within the Bluff Creek Overlay District as shown on plans dated March 24, 2003, based on the findings of fact and subject to the following condition: 1. The devel~ shall entex into a site plan ~ for the ~. All voted in favor and the motion carried unanimously with a vote of 5 to O. Coundlman Peterson moved, Councilman Labatt seeonded to approve Site Plan Review t~r2003-2 for a 45,600 square foot ofltee warehouse addition ami a 730 square foot thermal oil building as shown on plans dated March 24, 2003 with variances, subject to the following eonditioas: Submit storm sewer sizing for a 10 year, 24 hour storm event and pond design calculations. 1 Add the latest City standard detail plate numbers 1002, 2202, 2203, 3101, 3102, 3104, 5201, 5203, 5207, 5214, 5215, 5217, 5300, 5301, and 5302. 3. Show the proposed watermain and storm sewer pipe, cLus and slope. 4. Any off-site grading will requi~ temporary easements. City Council Meeting- April 14, 2003 5. Any retaining walls over 4 feet in height need to be designed by a registered en~neer. 6. Add a storm sewer schedule. 7. Add a note "Any connection to existing manholes shall be core drilled." , The underlying property has been previously assessed for sewer, water and street improvements. However, the sanitary sewer and water hook up charges will be applicable for the new addition~ The 2003 trunlc hook up charges are $1,440 for sanitary sewer and $1,876 for watermain. Sanitary sewer and watermain hook up fees may be specifically assessed against the parcel at the time of building permit issuance and are based on the number of SAC traits for the new building additions. 9. Two additional signs shall be posted, no left exit and no left turin 10. Manholes with two foot sumps, shall be installed as the last road accessible ~ prior to discharge into the stormwater pond. Il. The applicant shall work with staff to ensure the existing storm water infraslxucture is maintained and functioning properly, including any necessary i ,mprove~ such as increase in pond volnme to accommodste any increased runoff ra~. 12. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g. Riley-Purgatory-Bluff Creek Watershed District, Minnesota Pollution Control Agency, Minnesota Department of National Reso~, Army Corps of Engineers), and comply with their conditions of approval. 13. Building official conditions: a. The addition is required to have an automatic fire extin~~ system, The plans must he prepared and signed by design professionals licensed in the State of Minnesota. reviewed until further infatuation is provided. It is evident that the ~ addition will create exiting and high pile ~ issues in the existing building that must be examined. 14. Silt fence shall be removed when construction is completed. 15. Work with staff to select possible alternate evergreen over the Colorado Spruce. 16. Place at least 2 more evergreens on the northtmst in front of the cooling traits. 17. Work with staff to comider screening to the west. 18. Work with staff to check lighting compliance. 19. The parapet will be increased in height as necessary to fully screen the foot'wp equipment on the addition as required by ordinance. AH voted in favor and the motion carrl~ unanimously with a vote of 5 to O. City Council Meeting- April 14, 2003 REQUF~T FOR AN AMENDMENT TO ~ ARBO~ BUSINES~ PARK PUD ~TANDARI~ TO PERMIT PERSONAL ~ERyI~__~ AS A PER_Mrrr~o USE; AND REQUF~T FOR SITE PLAN APPROVAL FOR A 9~00 SQUARE FQOT QNE-STORY BUILDING; LOC.~TED AT (~QRI~RATE PLACE AND (~_,NTIj-RY BQIj-I.I~ARD; CENTURY BQULEVARD ~I~T; iqEISENE PARTNERS~ LLC AND STEINER DEVELOPMENT~ INC. Name Address Paul E. Newman Jeff Berends Gene Helsene Chris Helsene Fred Richter 20006 Texas Avenue, Pri~r lake 3610 County Road 101, Wayzata 11613 Shady Oak Drive, Minnetonka 5685 Grant Larenz Road, Shorewood 3610 County Road 101, Wayzata Kate Aanenson presented the staff report on this item and gave an update from the Plmming Commission. Council asked questions regarding architectural detailing and the sign variance. Fred Richter explained the layout and uses proposed for the building. The following motions were made. Councilman Labatt moved, Councilman Peterson seconded to approve an ordinance amending the Planned Unit Development for Arboretum Business Park ~_d_dtnoo personal Business Park Development Conm~dPUD Agreement. All voted in favor and the motion carri~ unanimously with a vote of S to 0. Councilman Labatt moved, Councilman Peterson seconded to approve Site Plan ~1, plans prepared by Steiner Construction Services, dated February 14, 2003, revised March 12, 2003, subject to the following condiflom: The developer shall provide an ~ddition al 150 square feet of fenestration on the south end of the building and 190 square feet of feaestration on the east side of the building. Fac~l~ transparency on street frontages shall maintain 50 percent of the wall area to the top of the brick. 1 Sidewalk connections and pedestrian ramps shall be included from this site to the properties to the north and west Additionally, pedestrian access, including pedestrian ramps, shall be provided from the building to the trail on Corporate Place. 1 The developer shall add parking facilities for bicycles. Is a restaurant use is inclo0~ on the site, benches or tables shall be addecL The trash enclosure shall be made of the same rn~t _~rial as the building and may not use a chain link fence. City Council Meeting- April 14, 2003 1 1 1 1 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 01 21. 22. The developer shall increase landscape plantings in the east buffer yard to meet minimum requirements. A revised landscaping plan shall be submitted before final approval. Storm sewer design data shall be submitted f~r staff review. A professional civil engineer registered and licensed in the State of Minnesota must sign all building plans. Sanitary sewer and watermain hookup charges will be applicable for each of the new lots. The 2003 trunk hookup charge is $1,440 for sanitary sewer and $1,876 for watermain. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the time of building permit issuance. Relocate the parking lot from the no~ side to the east side of the building. Add two more street lights along the west side of the building at the southwest and drive thru accesses. Add the latest City Detail Plate No. 3101, 5201, 5203, 5206, 5215, 5300, 5301. Add a note "Any connection to existing manholes shall be core drilled". Show existing sewer details, type, class, slope, size. In the utility plan, revise the proposed catch basin (BC- 1) invert to match the existing stub invert. Add a benchmark to the plans. Revise the existing storm sewer flow direction along the south side of ~ Place~ The building is required to have an automatic fire extinguishing syste~ The accessible parking space access aisle on the east side of the building must be a minimum of 8 feet wide to acco~ van parking. Detailed occupancy retailed req~ts cannot be reviewed until complete plans are submitted. The owner and/or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. A PIV (Post Indicator Valve) will be required on the fire service water line coming into the building. Contact Chanhassen Fire marshal for exact location. Fire lane signs and yellow curbing will be required. Contact Chaztha~en ~ marshal for exact location of'~no parking fire lane" si~ and curbing to be painted yellow. coming into the building. Contact Chanhas~n l~tre marshal for exact location of additional hydrant. City Council Meeting - April 14, 2003 All radius turns shall be designed to accomm~late the turning of Chanhassen Fire Department's largest apparatus. Submit radius turns and dimensions to the Chanhas~n City Engineer and Chanhassen Fire Marshal for review and approval. Pmsuant to 1997 Uniform Fire Code Section 902.2.2.3. 5, A 10 foot clear space must be maintained around fire hydrants, i.e. street lamps, trees, shrubs, bushes, Qwest, Xcel Energy, cable TV, and transf~ boxes. This is to ensure that fire hydrants can be quickly located and safely operated by fire fighters. ~t to Chanhassen City Ordinance 09-1. 6. Builder must comply with water service installation policy for commemial and indusuial buildings. Pursuant to Inspection Division Water Service Installation Policy #34-1993. 27. The builder must comply with the Chanhassen Fire Department/true Prevention Division regarding maximum allowable size of domestic water on a combination water/sprinkler supply line. Pursuant to Chanhas~n Fire Depot/Fire Prevention Division Policy #36-1994. The applicant shall install Type H silt fencing and remove it upon completion of construction. 29. The applicant shall get an approved pavement section from en~neering staff. All voted in favor and the motion carried unanimously with a vote of 8 to O. Councilman Labatt moved, Councilman Ayotte seconded to approve the sign variance to permit wall signage on the north, south, east and west side of the building. Ail voted in favor and the motion carried unanimously with a vote of 5 to 0. ~ (~QDE AMEND1V~.NT~ CHAPTER 18~ ENYIRQNMENTAL ~TI~Y FEE~ INCLUDIN0 APPRQyAL QF ~H~MMARY ORDINANCE FOR PUBLICA~QN PURI~SES. Kate Aanenson outlined the reasons for this request. Mayor Furlong asked for clarifi~on on the cost. Councilman Peterson moved, Councilman Lundquist seconded to approve City Code Amendment to Chapter 18, Environmenial Study Fees, lncludtnoo approval of mnnmary Ordinance for publication purposes. All voted in favor and the motion carried unanimously with a vote of 5 to O. CQN~ENT A(~ENDA: (F) APPROVAL QF (~k_NGE ORDER PQLI~/'. Councilman Lundquist asked that this item be pulled off the consem agenda for discussion. He asked for clarification. Councilman Labatt stated it was nice to have this docume~L Mayor Furlong thanked staff for their work in getting this item together so quickly. Councilman Lundquist moved, Councilman Labatt seconded to approve the Change Order and Supplement Agreements Policy. All voted in favor and the motion carried unanimously with a vote of 4 to 0. (Craig Peterson was not present for the vote.) City Council Meeting- April 14, 2003 COUNCIL PRESENTATIONS. Mayor Furlong talked about the Eastern Carver County I.eadetship. An opportunity to present the city's strategic plan and heatr the strategic plans and initiatives of neighboring cities, the school district and the county. An oppommity to work together on common goals. Councilman Lunckluist spoke about the council's tour of the new library that's under constmc~on and informed the public that it's projected opening day is August 16m. ADMINISTRA~ PRF_~~ATIQi~0. Todd Gerhardt asked if the council had any question relating to the report on un-audited revenue and expenditures. Councilman Labatt moved, Councilman Lundquist seconded to adjourn the meeting. All voted in favor nnd the motion carried. The City Council meeting was adjmn'ned at 8:45 l}.m- Submitted by Todd Gerhardt City Manager P~ared by Nann Opheim CHANHASSEN CITY COUNCIL VERBATIM ~ RF~ULAR MEETING APRIL 14, 2003 Mayor Furlong called the meeting to order at 7:10 p.m. The meeting was opened with the Pledge to the Flag. ~TAFF PR~ENT: Todd Gerhardt, Roger Knutson, ~ustin b~tller, Kate Aanenson and Teresa Burgess PUBLI(~ PRESENT FQR ALL ITEM~: Jerry & Janet Paulsen Debbie Paulsen Bruce Feik 7305 Laredo Drive 7302 Laredo Drive Planning Commission PUBLI(~ ANNOUN(;/EMENTS: INVITATIQN TO ~ EASTER ~ CANDY l~rt~, APRIl. 19, 2003. Mayor Furlong: We have a couple of public announcements. Frrst of all I'd like to invite everybody to thi~ Sauuday, April 19~, the City's annual Easter Egg Candy Hunt. This is one of the annual events that the city park and rec department sponsors, and w~rks with our local businesses to sponsor a number of special events and this is one of those. This Satmxlay, starting at 9:00 is the Easter Egg Candy Hunt. It's at the Rec Comer and it will be a fun time, as always for the children. There will be music eatertainment featuring the Splatt= Sisters, as well as an Easter Egg hunt, candy hunt, and prizes for coloring conte, sm and those that find the golden egg so I would invite everyone to come and enjoy a fun time. Mr. Hoffman has again guaranteed nice weather for the event so the Easter Egg hunt will be outside. I certainly hope to see a lot of people there. Also I'd like to invite, is David Happe here this evening? Todd Gerhardt: Just LuAnn tonighL David is tabled for 2 weeks. He had another commitment he had to go to. PRESE~A~ON QF MAPLE LEAF AWARD: COMMI~ION MEMBER. LUAN sm , Mayor Furlong: If I could invite LuAnn Sidney to come forward please and join me down here. I want to take this ~ty this evening, I. arAnn served on the Park and Rec. Or excuse me, wrong one. Start over. Planning Commi.~sion for 6 years. Served on the Plmming Commission for 6 years. It was clearly given her strong science backgrotmd was inslxt-nental in helping to work through a number of the projects from the development proposals and specializ~ specifically in areas of noise and lighting environmental concerns. She was an advocate I know for residential development in the process and that was i .mpommt to her and i .mportant for us and we appreciate her efforts there. I also understand that she was always very well prepared for the meetings which I, having seen some of the information that comes from the Planning Commission, I can appreciate the time that that really takes to do thaL I know I've had an City Council Meeting - April 14, 2003 opportunity to talk to Ltha. nn as well and I know specifically of her desire to get people involved. I know how you got involved and you've got to be careful what you start speaking up about because you're going to get more involved probably than what you think but, after 6 years she's stepping down and so at this time on behalf of the City Council and all the residents of Chantmsen we'd like to thank you for all your efforts for the last 6 years and present you with this Maple Leaf Award which is bestowed upon residents and citizens that volunteered a minimum of 5 years of service so LuAnn, thank you very much for your efforts. Would you like to say a few words? LuAnn Sidney: I'd like to thank everybody. Thank the planning staff for their support. I really appreciate it and I'll be around. Mayor Furlong: Oh yeah. We already figtmxl out how to ke~ Alison around so we'll get you back too. Thank you LuAnn. CONSENT AGENDA: Councilman Peterson moved, Councilman Lundquist seconded to approve the following consent agenda items pursuant to the City Manager's recommendations: al Resolution g2/g}3-37: Cancel Feasi~ty Study for the 2003 Street I ,mpwvement Project; Authorize Preparation of a Feasibility Study for the 2004 Street I ,mpmven~nt Project em Resolution/F2003-38: Award of Bid, Lake Susan Regional Pond Reconsuu~on, trfle SWMP 12-X. dl Resolution #2003-39: Approval of Plans and Specifications and Authadz~ Advertising for Bids; Bluff Creek Re-meandering Project, trde SWMP 12-Y. gl Approval of Minutes: -City Council Summary and Verbatim lYF_mutes dated March 24, 2003. Receive Commission Min~: -Planning Commission Summary & Verbatim Minutes dated March 18, 2003 -Planning Commission Summary & Verbatim Minutes dated April 1, 2003 h. Va~s~ Ridge 2"a Addition: 1) 2) Approval of Final Plat Approval of Development Contract and ~on Plans & Specifica~ons, Project 03-03. Approval of a Variance for Wall Signage, Buffalo W'fld Wings, 550 West 79~ Street, Clearwater Development Group, LLC. Approval of Te~ Lifting of No Parking Zone on Kerber Boulevard and Market Boulevard. Resolution ~F20(B-40: Approval of Change Order to Relocate Transformer as a Part of City Center Commons Project. City Council Meeting - April 14, 2003 Appointment of Becky Olson to Minne~onka Community ~luc~on and S~'vice~ Advisory Board. n. Approve Pm'c~ of CIP Vehicles. All voted in favor and the motion carried unanimously with a vote of S to O. Mayor Furlong: We'll move items l(f) and l(j) to the end of our new business. Without objection, or is ~7 Councilman Labatt: ~ applicant for l(j) is here in the audience and I'd hate to keep him here for upwards of 4 hours if we can. Mayor Furlong: I don't nm 4 hour meetings. Councilman Labatt: I hope not Torn. Mayor Furlong: Is there any objection to dealing with item 10) at this time? Seeing none, why don't we go ahead and do that. Je APPROVAL OF A yARIANI~E FQR ~IGNAGE~ GIANT PANDA~ 463 ~ 79TM ~TREET~ ~ RAMSEY. Councilman Peterson: My only question was, in looking at the variance, I visited the site~ I noticed that there's a ventilation system on the roof that isn't properly screened, m~l thi~ is one of the few opportunities we have to put a condition on to fix that to maintain it to cunent m'dinanc~. And I would just entertain that either do 2 thin~ tonight. I'd be happy to table it for the applicant to look at the issue more thoroughly, or I think I have a pretty simple solution that if they could either screen or paint the unit to the same color that the other screening of the roof already has, I think we'd be going a long way in trying to conect the non-compliance issue that stands today. Mayor Furlong: Is there any staff comments on this issue that Councilman Peterson is raising? Kate Aanenson: Yeah. I did speak to the applicants. The owner. Co-applicants. The owner of the building and they would like some additional time to discuss the two options which, for screening which would be to eiflaer paint the roo~ equipment to a similar color of the blue that's standing seam siding, or w~ or not to put a parapet wall. If the cotmcil was to move in that direction they want some a_dd_itional time to. The 60 days expires tomorrow so if you do want to extend that we would request that we ask for the additional 60 days to give some time, and the applicant has concurred with that if you do table that. 1ust tell you that. So they would like some additional time. Mayor Furlong: Okay, so the applicant... Kate Aanenson: ff you're going to move for something different than what's in the packet they would like some additional time. Mayor Furlong: And do we need a full 60 days, is that typical? Kate Aanenson: No. I'm assuming we could get it on the next agenda. We're just going to ask for that. City Council Meeting - April 14, 2003 Mayor Furlong: Okay. Okay, and the applicant is concurring with the 60 day, or with the extension? Kate Aanenson: Yes. Their request was if you want to do something oth~ than what's in the packet, they would like some additional time to restxmd to thaL Mayor Furlong: Fair enougl~ Alright. Any other questions or discussion? Councilman Labatt. Councilman Labatt: If we're going to change at the eleventh hour on them, they could, if we delay it and they're at 60 days, if we don't act...approve it. Right? ff we don't act on it tonight. If they don't give an extension. Kate Aanenson: Right, but I'm assuming you'd put a condition in there that they meet the standard. Roger Knutson: Mayor, under applicable statul~s, Minnesota Statute Chapter 1599, you have aa initial 60 days and if you need more time, the City can say we're taking an extra 60. Put that in writing telling them we have aa absolute right to take up to additional 60 days if you feel you need it. Mayor Furlong: Without regard to their cxmsent on that s_ddifional 60. Roger Knutson: Beyond 120 days that we need their approval I assume we're, it's not at 120 days? Kate Aanenson: No, we're at 60 days tomorrow on the 15~ so we have aa additional 60 days. Roger Knutson: So we would have to give them a written notice that we're taking the extra 60 days and it's due immediately, if that's what you want to do. Mayor Furlong: Okay. Alright. Is there any other discussion7 Councilman Labatt._ So, I just you know. This is, to get a phone call at 4:00 fram the owner of this that there's some last minute changes is upsel~ to me. I don't think that's the way we should be doing business as a City Cotmcfl or as the city. And I would, you know this roofhap ventilation system has been up there for years. I would just hope that we could move thi~ approval tonight and let this go. We're here because of a,'it's been documented in the packet why we're here and let's not create more problems on behalf of the city. So I would just move that we approve this as it stands. Mayor Furlong: Any other questions? Co~? Councilman Lundqulst: Mr. Mayor, or maybe it's a question for Roger. Roger, what's our other options if we wanted to approve the sign variance and then pursue the non-compliant ventilation system separately? Roger Knutson: I'll have to make some assumptions because I just learned about this at 5:00. Presumably what's there now, when it was done it was done lawfixlly, and I don't know that for a fact but let's assume that to be the case. Then it's a legal non-conformity. And unless you have a City Council Meeting - April 14, 2003 right to attach it as a condition to some sort of approval, then you cannot require them to change that non-conformity. Mayor Furlong: And I guess my question is, is it our undemtanding that the attorney's assumption is correct? That it was done... Kate Aanenson: Correct. I mean the nexus is you have an oppommity to apply based on they are requesting a variance. To bring the thing into conformity. The question is whether or not that's the appropriate level. As Steve is being polite and not saying, the staff made. an adminifi~afive error so a new owner came in. Didn't understand the previous owner. Someone issued a permit in error and now we're kind of, I guess what Steve was trying to say, we, staff takes some of the blame for the problem so, that we're in right now and that was issued in emar. Councilman Labatt: I think let's just approve it and move on. Mayor Furlong: Okay. Any other comments? Councilman Peterson: My perspective Steve is that this is the process that we use that's appropriate. We get a packet on a Wexlnesday or Thursday and we go out and look at the ~. If we see something that's non-conforming, then we bring it back and I think that we normally wouldn't even be able to get to the applicant prior to the meeting. We were able to do that in this case. So I think that what's ~ing tonight is exactly the way things should happen. Now we talked about tablin~ it to give the applic, alR more time. I think that's appropriate, but if we don't do that, I mean why would we, I don't know any other way to get something that's in non-compliance into compliance. We have the leverage tonight and we don't any other time. I don't understand your point of, at the last hour this is what we do. This is where we get packets a week before. That's why we visit the places to look at them so I disagree with you. Mayor Furlong: Councilman Ayotte. Councilman Ayotte: What size is the hiccup? Kate Aanenson: What happened is, when the building was approved a much larger HVAC system for the comumrcial kitchen was put on the roof. It wasn't screened. It has a large fresh air intake. It's very large. When you're comin~ down 5 yOU can see that building. It's not screened. The other rooflx~p pi~es are screened. They did get a permit for that. Unfommately the permit was never reviewed by the planning depaxtment~ It was, the permit was issued by the building department That was about 5 years ago. Those corrections have been made. Any permit comes back to planning department because it was over sized and you could see it and that's not the intent when that building was approved. Councilman Ayotte: So it's an eye sore. Kate Aanenson: Yes. So the two remedies are one, to paint it blue to mat_eh some of the pm'apet elements, or to screen it. And the applicant and the owner of the building wanted some additional time to review that if you're going to make that change. Mayor Furlong: Any other comments? Questions? I guess my thought is I don't know how I will feel about the screening or the painting or leaving it alone, but if the applicant would like to take a little extra time, not that I want to delay things but I'd just as soon have the oppommity to City Council Meeting - April 14, 2003 address the issue so I'd hope we could get this resolved before 60 days, would be my thought. So out of courtesy to the applicant as well as just keeping the proc~s going. Councilman Labatt: So if the issue is either painting or the screening of the fresh air intake and not the sign, can we as a part of the tabling allow the owner of the Giant Panda to hook up the sign to electricity and start using his sign. Obviously his sign's not the problem. So can we make that as a part of the condition of tabling and allow him to conffagt. Kate Aanenson: I'll let the city attorney address that one. Roger Knutson: You have the power to do what you think is appropriate. But, if you do that you're granting them the variance, at least on a temporary basis. I'm not sure if I am aware of any basis for a temporary variance. You either have the variance or you don't. Mayor Furlong: So if we were to do that, then to come back later if there was a decision. I guess my question is how quickly can we see this back? Can we see this next meeting? Kate Aanenson: I hope so. Absolutely. They just wanted time to discuss it. Sit down with staff. Look at all the options. We want to give you all the options too and the applicant so ff they want that time, we certainly intend to put it on the next meeting. Mayor Furlong: I mean I agree with your comment Councilman Labatt as far as the lateness of the timing. At the same time I understand Councilman Peterson. We get the packet. We look through. We have questions. We have to be able to move things quickly. Councilman Labatt: And I realize that but when the owner gets called at I don't know, 3:00 or 4:00 and she calls me at 4:15 and says that she just found out, I mean that's not the way we should be doing business. Councilman Peterson: Steve, how else could we do it? I mean I'm confused. I don't get it. Councilman Labatt: This has been discussed for 2 weeks Craig at the Planning Commission. We knew about it. We've discussed it. We've talked about it. How many times do we drive by Highway 5 and look at it? I drive by Highway 5 6-7 times a day. Bring it up earlier. Councilman Ayotte: My concern on the whole thing is I don't like the idea of painting HVAC. You know, that's never good. And I'm concerned that a fence might be, well what if it's an ugly fence7 I mean the point is that if there is an issue, and I don't like the idea of 60 days at all so I think we need a quick turn on this. I think staff has made a migta~ and you must pay for your sins. So let's, I think we should have a quick return on this thing. I don't know if Tom or Steve said that but in addition to that I don't think we should put the constraint of a fence or painting. I think what can be done to fall within the parameters without having anybody's nose bent out of shape. Mayor Furlong: And Councilman Ayotte, I would agree. I want it done faster. I wouldn't want to do anything in this motion to limit our legal right to have the full 60 days if necessary. So the intention is if we choose to table it or to take our extra 60 days, which we are allowed to do, let's take those but let's not use them all if we cam Kate Aanenson: Right, and there might be another design ai~ve. City Council Meeting - April 14, 2003 Mayor Furlong: Yeah, let's not limit ourselves. Kate Aanenson: Yes. Councilman Ayotte: One other point, since them may be some other design almmafives, staff should really work hard to find that for them given the, okay. Kate Aanenson: Yes, absolutely. Mayor Furlong: Minimizing cost as well Any other comments or discussions? ff there's none is there a motion? Councilman Peterson: Motion to table. Mayor Furlong: Is there a second? Counc~rm~ Lundquist: Second. Mayor Furlong: Any discussion on the motion? Seeing none HI call the question without objection. Councilman Peterson moved, Councilman Lundquist seconded to tame the request for a variance for wall signage, Giant Panda, 463 West79th Street. All voted in favor and the motion carried unanimously with a vote of $ to 0. Mayor Furlong: If there's no objection we have moved item l(f) to the end of our new business and I think that's not really to anybody in atteodance. VISITOR PRES~A~ONS. Mayor Furlong: One of the items this evening that we approved on our consent agenda was the appointment of Becky Olson to the 1Vlinnetonkn Community Education Services Advisory Board, and I'd like to open up visitor presentations and invite Ms. Olson to greet us and say a few words. Good evening, and congramlatious. Becky Olson: Thank you. My name is Becky Olson. I live at 97 Cascade Circle. I'd like to Board. MCES serves Chanhassen area residents in Minnetonlm School District 276. In addition to the community at large. It provides swimming lessons, lifeguard services to our Lake Ann Park, as well as life long learning classes and other activities. The Board is looking to i ,reprove it's communication with the various cities that it serves. My family and I have lived in Chanhassen since 1une of 1984. We have enjoyed participating in the many city area activities, the MCES functions, Lake Ann activities over the last 19 years. I'm involved in Friends of the Chanhassen Library as VP of their public relations. I volunteered at the M'mnetonka I-~gh School in various capacities. I appreciate all the work my predecessor Ann Osborne has done in her 17 years as the Chanhassen rep to the MCES Advisory Board and hope to continue in her footsteps and the path she has made for all of us in ~ I've met with MCES Executive Dimaor Dan Kuslick, various individuals on the ad~ board several times. I'm excited to have this oppommity to be of service to the community in this capacity. I have for the council's ~dd_itional information if you would like the current work available through MCES, a copy of their by-laws as well as the advisory board committees. Thank you. City Council Meeting - April 14, 2003 Mayor Furlong: Thank you. Are there any questions at all? Okay, very good. Thank you. Congratulations. That'd be great, thank you very much. Am them any other visitor ~ons this evening? Mr. Klingelhutz, good evening. A1 Kiingelhutz: A1 Klingelhutz, 8600 Great Plains Boulevard. I see there was something on the agenda tonight about Lake Susan pond but I guess Mr. Weutz, my neighbor on the lake, he's out of town and he presented me with some facts on Lake Susan which I already knew about. We're having a considerable amount of erosion down there. W~ believe that them should be no wake when the water's above a certain level. Last year when the tournament was held down there, the water was over my dock and I had 6 feet of water on my shore, and boats were going continuously for 2 days and it didn't really help any about the erosion on the lake. There's one thing we'd like to ask the city to, is not allow any more tournaments on Lake Susan because of the size of the lake and the damage it's been doing. Mr. Wentz went clean around the lake last winter and walked the shore and took several pictures. He didn't give me a copy of these pictures but it showed, especially on the north side of the lslce there was considerable erosion. I believe the city did have some erosion work done on Lake Susan, and there was an estirrmt_o, for 500 feet of control on the north side of the lake. The price was $74,719. And the next 1,000 feet the estimate was $128,812. I think a lot of these problems could be avoided if we had a no wake on the lake when there was a high water like we had several times last summer. I'd like to get on the council agenda possibly the next meeting and see if we can solve some of these problems. I'm sure it could even be a public heating if you wanted to hold one, and notify all the lakeshore owners. I don't know if that's necessary but we don't want to throw the baby in the bath and exclude all activities on the lake. It's just the fact that we'd lilm to at least somehow conlrol what's going down there and avoid all the erosion that's talcing place, which in time could possibly really affect the quality of the water down there. There's a lot of money been spent on Lake Susan. In fact they sealed the bottom of the lake here some years ago which i ,mlu~ved the quality of the water maybe 120 percent, but spending these kind of dollars for erosion control when it can be done much more, maybe not much more effectively than putting compiete erosion conlrol clean around the lake. I think could be many dollars saved so I would like to get on the council agenda. I believe it will be the 28~'? Mayor Furlong: That is our next meeting, yes. Yes sir. I know the council is aware of some erosion problems. We have a trail that goes along the shoreline there. We've dealt with, is there some comment at this time? Kate Aanenson: Yeah. To do a hearing, a public hearing on no wake in 2 weeks is i .mpossible. Yeah. We're doing a couple prong approach. One is Loft, the Water Resource Coordinator is working on some of the erosion problems besides planting immediate. A1 Klingelhutz: Notify the watershed district too because we've presented this to the watershed district and they said we should really do something and they'll have a represemative here too. Mayor Furlong: And I believe the council _rec~ved ale, ls~ from the w~ district, Mr. Wentz presented there. I know he sent a letter to each of us. Kate Aanenson: Right, but I think there's a little bit more back~und work that needs to be done before we have a public hearing in 2 weeks about no wake. Councilman Peterson: We already have a no wake ordinance though don't we? City Council Meeting- April 14, 2003 Kate Aanenson: There is two different ones for people that live on the lake and then the motor size if you're launching a boat. So there's some different issues. It's a little bit more cou~lex and I think we need to spend a little bit more time. The Water Resource Coordinator is working on that issue and I'd like to bring the City Council up to date of what we're doing thaL There's some things that Loft's got in the works right now besides the planting that he's talking about that we've got the DNR and I think that would probably be even more productive, kind of show you what direction we're moving firsL Certainly a no wake is an option that could be c. onsi~. Mayor Furlong: Your issue is we may not be ready at the next council meeting in 2 weeks to make a decision on and I think that' s. Kate Aanenson: Maybe at a work session we could do that but yeah. Mayor Furlong: Well we'll want to move quickly because spring is coming and boating season is coming so. Al Klingelhutz: The one thing I'd like to have you do though is not sign any eontxact with the, I believe it's Minnetonka Boat Works that's been holding these tournaments down there before we Councilman Ayotte: That's a fair ~t. Al Klingelhutz: And you'd better talk to the park board about that. Todd Gerhardt: That application comes back to the City Council every year for your approval Al Kiingelhutz: I'd like to read a short letter that Mr. Wontz wrote. In the past years a group or club of wake boarders and water skiers have been permi~ to hold a 2 a day tournament on Lake Susan. In consideration of the high wave action created by thia event and the considerable shoreline erosion developing on the lake, it is requested that a permit not be accepted. If requested this year or until the lakeshore can handle the wave action and not further erode the shoreline. Mayor Furlong: Okay, thank you. Al Klingelhutz: You don't think you can get it tm by the 28m then huh? Kate Aanenson: No. There's just a lot of other issues that the council needs to get up to speed on. A lot of other background data but we are aware. Lori's working with the watershed district right now with some other immediate erosion problems. Al Klingelhutz: When we went to the watershed disuict last week, that was the date they suggested to have... Kate Aanenson: Al, I'd be happy to give you a call tomon-ow and ten you what we're doing. Al Klingelhutz: Okay, thank you. Roger Knutson: Mayor, just to point out one of the complicating issues in doing this is we need DNR approval to adopt any ordinance. City Council Meeting - April 14, 2003 Kate Aanenson: Right, that's what I'm saying. It's a little more complex. Roger Knutson: You have to go through an application process and other thin~ so it takes a little longer than normal. Mayor Furlong: Okay. Thank you. Are there any othex, thank you Mr. Klingelhutz. Any other presentations? Visitor present~tlons thi~ evening. If there are none we'll close visitor presentations and move on in our agenda_ ¢oN mERATIQN OF ¢ONTRACI WITH CARVER COUNTY Sm II 'S Ae 2oo3 POLIC CONTR Cr. ADDENDI.~t TO PRQyIDE FOR A ~ ~ERG~. 2003 WORK PLAN. Mayor Furlong: This was an item tabled from our last meeting I believe. Is there an utxtate to Todd Gerhardt: Yes Mayor, Council me~. Attached in your packet is the 2003 police contract with Carver County Sheriff's office. Highlights of the 2003 contract include a 2.8 percent increase over the 2002 conUacc No hourly change from 2002. Total hours are 17,520 hours. Staff recommends approval of the 2003 cxmuacc Mayor Furlong: Are there any questions of staff at this time? Councilman Lundquist: Mr. Mayor I had the, I asked for the item to be tabled last time and staff did a good job of getting those questions answered so. Mayor Furlong: Okay, very good. We'll bring it back to the council. Any discussion on the item? Councilman Ayotte: If I may Mayor. I had a conversation with Sergeant Olson today. First off, a lot of folks realize that I've been critical of public safety, not with respect to the service we purchased but the concern I have in the area and F ve got to tell you, Sergea~ Olson and otbem have done a great deal of, to i ,reprove it and Fm hoping that somehow the information this cotmcil receives with respect to what's going on in public safety gets to the public. I know we've got the Vilhger now putting in some information on occasion on a weekly basis, but the substance of this stuff is a quantum leap to where it was before. In large part from a little bit of prodding from a Hennepin County deputy, but I really would ask that we would see how we can communi~ the value that's in these doc~ts, and the actkms cominE out of it. There's been a lot of, not just paper but action out of Olson and others so I hope we can do some~ about that. Mayor Furlong: Okay. Any other comments or discussion from the council? Councilman Lundquist: Motion to approve the 2003 police contract, s_dd_~ndum to provide for a Chanhassen Sergeant and the 2003 work plan. Mayor Furlong: Is there a second? Councilman Ayotte: Second. 10 City Council Meeting- April 14, 2003 Mayor Furlong: Any discussion on the motion? Seeing none YI1 call the question without objection. Councilman Lundquist moved, Councilman Ayotte seconded to approve the 2003 Police Service Contract with Carver County and the Carver County Sheriff's Department; the Addendum to the Police Contract with Carver County for a sergeant to be assigned to the City of Chanhassen in the amount of $81~868.35; and the 2003 Work Plan for Law Enforcement Services. All voted in favor and the motion carried unanimously with a vote of Sto0. $1T PLA gOR nPPRO T 45, 0 SQt nm root orrIC WSR QVS noi rri0s A soon u FOOT OIL BUH~DING WITH VARIAN(~_~, AND A CQNomONAL V~ P~a~MYr FQR OEWLOP m T wrrmN 0 AY OI Tm , S000 AUDUBON ROAD~ GENERAL MrLL~. Public Present: Name Address Tammy Ziegenbein, General Mills Jack Werner, AMEC Mark Wasescha, AMEC 4400 Jewel Court No, Plymouth 3721 Impatiens Lane No., Brooklyn Park 179 S. Fairview Avenue, St. Paul Kate Aanenson: I'd just like to frame up where this ~ is and give you some of the background. When this property originally came in, it was owned by McGtynn's and they own property from here all the way up to Highway 5. That ~ was sold off, this nonhero piece when we pm in Coulter Boulevard and has since been acquir~ by a single ~ owner after the daycare went in. Since McGlynn's bought it, Pillsbury bought it and bought additional land over here and is now General Mills. The Bluff Creek Overlay District follows the approximate green line. No development will occur in the overlay district. There is a storm water pond that was built with the original McGlynn's ~ and that was a condition of the verification of the ponding size. With this request there's two actions fl~t the applicants are seeking. One would be the site plan. Actually it's 3. The site plan. The conditional use permit to do work within the overlay district. Although the ~ is in the overlay district, the develotnnent itseff would not impact. And the second would be a relief from the design standards. So what the applicants are proposing is the ~OOitional 46,500 square feet for the loading dock area, which is located in this area. Currently the loading dock, that's the bays access the other way so with this the bays are on the front. The concern the staffhad with that and that worked best for~needs, was thenoise. The noise would now be going the forward way but they have actually got the berm in place so it actually circulates and helps with that noise attenuation going towards the front They are providing additional parking. The original proposal had all the traffic going in one driveway but we worked with them to actually provide for truck traffic on a separate driveway from the employee parking. Again this is input for product and the side is the output where the product comes out. The large refrigeration units. It did go to Planning Commission twice. The first time the Planning Commission concerned was with the development oftbe plans. They did come back on April 1 ~ with revised plans. Again: this plan shows the amount of berming on the front The Planning Commission did add some s_a_d_ifional condifi~ regarding silt fencing, some of the selection of the trees that were called out, and the screening of the units on the rooftop. The~ was some concern about the existing ordinance. The design standards say that th~ application of 11 City Council Meeting- April 14, 2003 the new design standards should go with the addition part and not the entire building, as not to burden that, but to work with the addition and try to get that into compliance. Again the nexus comes at a place when you're asking for the variance but I think that the conditions that the Planning Commission worked to get are reasonable and the applicant has agreed to those, so with that the staff is recommending approval with the conditions as modified by the Planning Commission which are found on page 2 and 3 of the staff report and all the suppox'dng documentation is behind it so I'd be happy to answer any que~ons that you have. Mayor Furlong: Thank you. Questions for staff. One question Kate on the berming you mentioned and I think you showed on your map. Is that, does that show it expanded berming specifically to the west? That was one of the issues raised. Kate Aanenson: No. They will when they, they'll have to revise these plans and that was one of the recommendations was along this western side here and that's with the noise going to the property to the west, that they have to increase the size of that berm. That was a recommendation. Mayor Furlong: So they will be following Planning Commission's recommendation there7 Kate Aanenson: Correct They'll have to submit a revised plan that we'll sign off before we issue the building permit. And I just wanted to go over too, the small liRle buil~ right here that's used for the manufacturing. They came in, generally anything under 10 percent can be administratively approved but they came in at the same time and we didn't want it to appear that the staff was kind of looking at one and letting the other one go so we kind of held them both up to come in at the same time. Mayor Furlong: Is that the hot oil building? The 730. Kate Aanenson: The thermal oil building. Yeah, hot oil. Mayor Furlong: Sorry. Yeah. Kate Aanenson: Thermal hot, that's what that is for. Mayor Furlong: You also mentioned that the applicant now owns the pmpe~ to the west as well. Kate Aanenson: Correct They had bought that. Pills~ bought that so actually one of the recommendations we're making to this ~ to the south has development potential. It is guided industrial. There's a large wetland in the back of that, They do own this piece. One of the recommendations we're doing is that they combine both pieces for the i .mpervious surface requirement. That is the Bluff Creek area that runs through there, but we are making a recommendation that both pieces have the same PID number, and therefore they can balance the imperviom surface onto that one too. Mayor Furlong: Okay, thank you. Any other questions for staff? Councilman Peterson: So did the applicant agree to all the recommendations from the Planning Commission? Kate Aanenson: Yes. And they are here too. 12 City Council Mee. ning - April 14, 2003 Mayor Furlong: Okay. Would the applicant like to say anything at this time? Don't have to. Don't have to. Okay. With that we'll bring it back to council and ask if there's any comments or questions. Councilman Peterson: I'm comfortable moving ahead. Mayor Furlong: Anything else? Councilman Labatt: The only question I had, and unfommately the fire people, I should have asked them earlier. The thermal oil building. Maybe Todd this is for you. In the event of fire in that building, obviously it's going to be sprinklered on it but do we have the ~ equl~ to assist in eliminating that fire? Is there any special apparatus or, I'm not sure... Kate Aanenson: I think someone from AMEC can answer that question. They're the, this is a little bit different type of a project Actually the architects are preparing it to go out to bid, which is sometimes what happens so it's kind of a, that's why when the plans went to the Planning Commission they were a little concerned they were a little loose, but they're actually putting it out to bid to get the final drawings so there's some other tl~gs that they need. Storm water calcs but Mark Littfin has approved those and I'll let someone from AMEC ask those questions regarding the thermal oil building. Mark Wasescha: Fm Mark Wasescha, archite~ The thermal oil building is. Mayor Furlong: Excuse me, could you step to the microphone so the people at home can hear. Thank you. Mark Wasescha: Fm Mark Wasescha, architect. The thermal oil is actually mineral oil and it has a very high flash point. It's about 380 to 420 degrees, and the quantities are pretty low so it's not as hazardous occupancy so we consider that a low hazard and it's so considered by the building code. It's just the same occupancy as we back...the warehouse buildings so. So it's not as, it's probably not the level of haTard as you might be thinking. Also the permanent building is served by a fire loop and we're going to maintain that and it's actually going to have to change a little bit to go around this addition also. Mayor Furlong: Okay, good. Thank you. Todd Gerhardt: Mayor, council members. The applicant will have to follow all building codes and fire codes for him to, for them to get their occupancy permit, like any other applicant for building permit. So you know, it will be a safe stmcUu~. Mayor Furlong: Any other comnmns? Councilman Lundquist: We have a Planning Commi.~sion member present in the audience. Do you want to say anything to represent the Commission and any of the concerns that your group had on this? Bruce Feik.. Really, F m Bruce Feik. The Planning Commigsion was primarily concerned with noise to the west and to the south, h was brought up by numerous of the residents and that was why it was focused on as well as additional trees on the n~h side. 13 City Council Meeting - April 14, 2003 Councilman Lundquist: And do you feel like the additional berming and that will satisfy those requirements and mitigate those? Bruce Feilc It will definitely help visually. It's a long haul from that paddng lot to the residences. I'm not sure what else you could do... Councilman Lundquist: Okay, thanks. Mayor Furlong: Any other comment or questions? I guess quick co~t I'd make, and this would be I think a request of Mr. Ger~ to one of the issues that came up at the public hearing at the Planning Commission was with regard to traffic and the speed of traffic along Coulter there, and that might be something that we can relay back to Sergeant Olson so that they could maybe watch that a little bit mc~ ciosely or put their trailer over there or something to help people recogniTe what the speed limit is. The other comment I'd like to say is, plain and simple, thank you to General Mills for making the continued commi~t to our city. You've been a good corporate neighbor and through the comments that I saw in the Planning C_xymmission notes, being attentive to our neighbors concerns about noise and traffic and we appreciate that so thank you for making the commitment to our city. We very much enjoy that. Is there, if there are no other comments, is there a motion? Councilman Peterson: Motion to approve. Mayor Furlong: Is there a second? Counci.ln'um Labatt: Second. Kate Aanenson: There's two motions. Mayor Furlong: I'm sorry. Do you want to do ~ separately. Roger Knutson: You can combine them in one motiom Kate Aanenson: I just want to maim sure it was clear that there was. Councilman Peterson: That was my intent. Mayor Furlong: And that was your's too? Alright. Without objection, even staff objection, we'll call the question. Councilman Peterson moved, Councilman Labatt seconded to approve the Condltioml Use Permit tF2001-2 to permit development within the Bluff Creek Overlay District as shown on plans dated March 24, 2003, based on the findings of fact and subject to the following condition: 1. The developer shall enter into a site plan agreement for the property. All voted in favor and the motion carried nna~mously with a vote of $ to O. Councilman Peterson moved, Councilman Labatt seconded to approve Site Plan Review g2003-2 for a 45,600 square foot office warehouse addition and a 730 square foot thermal oil 14 City Council Meeting - April 14, 2003 building as shown on plans dated March 24, 2003 with variances, subject to the following conditions: Submit storm sewer sizing for a 10 year, 24 hour storm event and pond design calculations. Add the latest City standard detail plate numbem 1002, 2202, 2203, 3101, 3102, 3104, 5201, 5203, 5207, 5214, 5215, 5217, 5300, 5301, and 5302. 3. Show the proposed watermain and storm sewer pipe, class and slope. 4. Any off-site grading will require temporary easements. 5. Any retaining walls over 4 feet in height need to be desired by a registered engineer. 6. Add a storm sewer schedule. 7. Add a note "Any connection to existing manholes shall be core drilled." The underlying ~ has been previously assessed for sewer, water and sueet improvements. However, the sanitary sewer and water hook up charges will be applicable for the new addition. The 2003 trunk hook up charges are $1,440 for sanitary sewer and $1,876 for watermain. Sanitary sewer and watermain hook up fees may be specifically assessed against the parcel at the time of building permit issuance and are based on the number of SAC traits for the new building ~dditions. 9. Two additional signs shall be posted, no left exit and no left turn. 10. Manholes with two foot sumps shall be installed as the last road acce-ssible smactmes prior to disch~ge into the stormwamr pond. 11. The applicant shall work with staff to ensure the existing storm water infrasUucUa~ is maintained and functioning properly, including any necessary i .m!mavements such as increase in pond volume to accommod_ ~_~te any increased runoff rates. 12. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g. Riley-Purgatory-Bluff Creek Watershed Distri~ ~/finnesota Pollution Control Agency, Minnesota Depammot of National Resources, Army Corps of Engineers), and comply with their conditions of approval. 13. Building official conditions: a. c, The addition is required to have an automatic fire extinguishing sysmm. The plans must be prepared and signed by design professionals licensed in the State of Minnesota. addition will create exiting and high pile swrage issues in the existing building 14. Silt fence shall be removed when consmLefion is completed. 15 City Council Meeting - April 14, 2003 15. Work with staff to select possible alternate evergreen over the Colorado Spruce. 16. Place at least 2 more evergreens on the northeast in front of the cooling units. 17. Work with staff to consider screening to the west. 18. Work with staff to check lighting compliance. 19. The parapet will be increased in height as necessary to fully screen the rooftop equi~t on the addition as required by ordinance. All voted in favor and the motion carried unanimoualy with a vote of 5 to 0. REQUEST FOR AN AMENDMENT TO ~ ARBO~ BU~ PARK PIJ-D STANDARDS TO PERMIT ~NAL ~ERVICE~ A~ A PER~'rr~o USE~ AND RF_OUEST FQR SITE PLAN APPRQyAL FOR A 9~0 SQUARE FOOT O~RY BIj-H.DINC~ LOC.~ATED AT CORPQRATE PLACE AND CENTIjRY BQIJ-LEV~ CENTURY BOULEVARD COURT~ HELSENE PARTNERS~ 1.I~: AND STEINER DEVEI.~PMENT~ INC. Name Address Paul E. Newman Jeff Berends Gene Helsene Chris Helsene Fred Richter 20006 Texas Avenue, Prior Lake 3610 County Road 101, Wayzata 11613 Shady Oak Drive, Minnetonka 5685 Grant Lore~ Road, Shorewood 3610 County Road 101, Wayzata Kate Aanenson: Thank you. Again there's 3 actions for tonight. One would be amendment to the PUD standards, the second is site plan approve, and the third is the sign variance, rd like to just take a minute and kind of go back and talk about this PUD. When this PUD came in, it's guided industrial. We did allow for up to 25 percent ancillary commercial, and I think the City Council at that time was pretty di~'iminatory in how they decided where those c. omme~cial and what type. Kind of a short list of what worked to support the ind--. For example we've got the gas station at the southern end. We approved the bank. So part of this amendment for services which we've attached at the back, which we use the standard industrial classification. What we talked about is, and looking at that there's probably some other uses that would support this development. Specific in this area is hair care, but some other ones too. Photographic studios, those sort of things that would again, so in your staff report, not only does this PUD amen~t apply to this specific application tonight but there's two other commercial properties that are shown with a star that those two apply. So this is the entire PUD. The com~ ones were called out he~ so... This is our subject site in kind Of a larger super block, which is actually on this site. It's Lot I up there. So we've approved the bank. The daycare is in and now we're talking about this. This came in, it was a subject site called Lot 2. It has changed, which I'll show you in a minute, but when this originally came in there was a traffic study that was done for the area. There was concern that this was an uncontrolled access off of C. enun~. We didn't want the traffic to back up into the site so tbem's actually a condition put in them that says when it gets to service level D or F that the City could go back and evaluate thar I know questions did come 16 City Council Meeting- April 14, 2003 up. I don't know but I have a copy of that so them is quantitative measurement tools that we can go back and m-a_da_mss it and that's a part of the subdivision, so it applies with the sulxlivision is the problem, and the City Engineer can take those, take that study and again those are standard transportation model manual that we can go back do that, so with that it is fight now a full access. Again that was fled with the subdivision. So the specific set-up that we're looking at tonight is this piece. The lot too. When this went to the Planning Commi.qsion, when it first came in they were looking at fast food. Again fast food wasn't cxmtemplated in this area. I think it just brings a different type of traffic circulation patterns and peaks so we never anticipated fast food so that application, while it may be fast food, the drive tlwu is not, no longer an application was originally came in, that was contemplated. The building also shifted orientation. Again the applicant worked well with the staff to come up with...desi,~tms. The site plan itself, all brick building with some EIFS on the top. Again it's compatible architecture with the existing bank and the daycare so it fits in really well. The Planning Commission had some concerns about additional articulation and so they've a_dd_exl a condition on that. The other issue was the sidewall There is sidewalks on the bank and on the daycare side, which would be the extension of the street. There was a condition or concern on Planning Commission that ~dditional sidewalks be on Century. Again that's part of the subdivisiom This is a site plan. It'd be hard to go back and ask this applicant to put that back in, but that was ceaainly a concern that was raised. So with that, the conditions, there's two motions in here. Three motions. They're shown on page, starting on page 2. Again with the Planning Commission update. Again the one, if you look at the difference between the staff and the Planning Commi.qsion, the Planning Commission additional 31. The applicant be shown to direct the median opening. That doesu't follow through on our conditions. We only go up to 30. The staff again: that condition numl~ 31. The nexus for that or the appropriate place for that condition would dose with that mflxlivision of that piece of property. This isn't being subdivided but we're tracking that issue too and are aware of that, if that makes sense. It'd be difficult to put the sidewalk on somebody else's propeay when this is coming in for a site plan, tbem's no subdivisiom Mayor Furlong: Excuse me Kate. 31 speaks to the median opening. But you address that, that's already taken care of. Kate Aanenson: That's with the subdivision. Mayor Furlong: Once traffic gets to a point we have a right to make changes. Kate Aanenson: Right. Right. Right, and the sidewalk issues. Otherwise the conditions are consistent. So that is tracked somewhere else, Fm sorry...but that is tracked somewhere else, right, and that's in the subdivision and the applicant's aware of that. And the owner of the building. So with that, I'd be happy to answer any questions that you have. Mayor Furlong: Questions for staff. Councilman Peterson: The windows that we talked about, which builds some architectmal interest. Were they real windows or were they facades? Kate Aanenson: They're real windows. Yeah. Let me just talk about the sign variance real quick, Fm sorry. They wanted signs on four buil~. On four sides of the building, let me go back to the site plan. They have 2 street fi'ontages. This is similar to the Giant Panda issue where you've got 2 street frontages but most of the visib'dity's coming from hem, so they did allow with the variance to give them 3 street frontages, but not on this...because the north side faces the bank and you're really not getting much visibility on that side, so the Planning 17 City Council Meeting- April 14, 2003 Commission did concur to give the variance for one 0_dditional side. Excuse me, south, east and west for the variance for the sign. Councilman Lundquist: Kate and you said that the bank blocks the north view from Highway 5 anyway? Kate Aanenson: Correct. The bank in front that building, yeah. Councilman Lundquist: Okay. And the applicant's here too. Mayor Furlong: Thank you. Any other questions for staff at this time? Would the applicant like to say anything? Or address the council. Fred Richter: Fred Richter with Steiner Construction Services. With me tmaight are Gene and Chris Helsene, the owners and they're also the major tenant. They're bringing theh' business to Chanhassen. The hair studio or salon. And Paul Nelson's with them and is the broker doing the leasing on the building. I think everything is straight forward. Enlargi~'ng the windows, sidewallc Everything is not an issue and we're taking any debate with all of these clauses in the development contract. The only thing we want to focus on is the signage issue. This building's location, the small building. It's one of the few commercial type buildin~ that will be in Arboretum Business Park. It was designed as a, kind of a multi-sided, symme~c~ with the gables so it's really sex up to accept si~ on all sides. The leasing plan of the building is one that they are developing thig building for long term, various small tenants that will have the service, s~ service to the park so they can break up the building in the elongated pattern or they can split it up where enlrances can come into, entrances from all four sides. When we did present thig to the Planning Commission it's fair to say it was very late, midnight They were getting a little exhausted and we had a good dialogue on what the signage should be. Knowing that the city's zoning ordinance or sign ordinance talks about sm~ frontage on 2 sides, thi~ is a vcxy unique situation just because of the easement roadway around this site. The b~nk sits on the north towards Highway 5. This building south of that faces C~tury, faces ~ place and faces the, to the west to develop ultirr~tely in the corpm-ate camp~. And the developer really feels, with a taste of this architecture, the exposure of the building, it's really good for the development to have signage on all 4 sides. So...the building is setting up in these gables for rathe~ small amount of signage inbetween the gable, very similar to the bank. And the owner of the building, obviously I'm speaking for their concerns also... I don't know if you want any more detail. Mayor Furlong: Okay, thank you. Are there any questions for the applicant at thi~ time? Councilman Lundquist: The way this, that building is laid out there's no parking currently on that noah side7 Is that correct? If Fm looking at the right drawing hem. Right, okay. Kate Aanenson: This is the easen~nt... Councilman Lundquist: Right. So there's only parking on tJ~ ~ ~ we~t $id~ and ~ load the south. Fred Richter. Right. And there's, but there's car movements. Councilman Lundquist: A driveway along the north side, okay. 18 City Council Meeting- April 14, 2003 Councilman Peterson: So Fred point out the potential sites for siva there just to get a good visual. Fred Richter: There's 1, 2, 3 gables on the east 3 gables on the west. One gable on the north, one gable on the south. What I talk about, and Helsene found, right now they're negotiating with the tenant that is a sit down, small restaumm property for this area, and then they've got their barber shop here. There could be a tenant going this way and that way and another end cap. The kind of goal from a leasing standpoint is really support services that don't fit in the larger Arboretum Business Park building. Our smallest tenant is basically 6,600 square feet in the majority of our buildings. The All About Lights building is maybe 4,000, so this is the only place where 1,000 square feet, maybe even 500 ff it's a small oh insurance agency, small brokea~ge house. Maybe a small dry cleaners, that type of thing. So that's kind of the bac~und to this. The building architecturally is very conservative in the sense that it's the darker brick. The gables ties in with basically the same character of the Kindeavau~ and the bank. Mayor Furlong: Any other questions? What's the, and it's probably in the packet and I just don't recall, what' s the total square footage of the building? Fred Richter:. About 10,800. Mayor Furlong: Okay. Any other questions for the applicant at this time? NoV Thank you. Discussion. We'll bring it back to council for discussion p~. Councilman Peterson: I think the real issue is the sigm Everything else in the building, it's a nice looking building. It fits in there and it serves a value to that business park. I don't have a clear decision or answer on the sign issue. I'd be probably leaning towards approving the variance, bm not without a reason. Councilman Labam Well maybe I can make you lean a little more Craig. As you drive by 5 you're going to see this building, you know and with all your signage on the front, what's in that building. Taking a quick look, you're not going to see. I'm strongly in favor of the variance. It's set back off a little bit. It's a nice building with the gables and it would to me, it would have that gable there and have adv~ments or signage on the other gables and the east and west and south side. Nothing on the north side. I just, there's azpe~ of our sign ordinance that I disagree with and this is one of them where I think that we should be giving a variance here to allow for signage on the north side. Where it's set back off of a road a little bit more than average and if I were a tenant or a owner of the building I would want maximum exposure to my business. They invest in our community here and let's show some latitude. Mayor Furlong: Other comments7 Councilman Ayotte: Fll go with the variance also. I don't, because of the appeal to balance the building I feel pretty good about it and I think we have to take each one individually and the fact that a small business needs every edge. So I feel comfortable with it Mayor Furlong: Yeah I guess my comment given the multi-tenant of small business, if that could be a sole entrance to a business and if you could have sole entrances to businesses on all 4 sides, for the last business in not to have a sign doesn't seem to make much sense to me. That doesn't work so on that regard, given the specific nature of this building and it's location I would concur with the sign variance. Any other discussion? We have 3 motions that we need to sd_dress here, is that right Kate? 19 City Council Meeting - April 14, 2003 Kate Aanenson: That's correct Mayor Furlong: ...need to be modified so is there a motion? We could either take these separately or together, either one. Is the~e a motion? Councilman Labatt: 1'11 move that we approve an ordinance amen~ the Planned Unit Development for Arboretum Business Park adding personal services as a permitted co~ial use, and as the Third Amendment to the Arboretum Business Park Development ContmcedPUD Agreement. Mayor Furlong: Is there a second? That's item A in our packet. Councilman Peterson: Second. Mayor Furlong: Any discussion on that motion? Seeing none and without objection we'll call the question. Councilman Labatt moved, Councilman Peterson seconded to approve an ordinance amending the Planned Unit Development for Arboretum Bnniness Park od_ding person~! Business Pnrk Development Contract/PUD AgreemeaL Ail voted In fnvor and the motion carried unnnimonsly with n vote of 5 to O. Mayor Furlong: Is there a motion on B? Councilman Labatt: And I would approve, move that we approve Site Plan g2003-1, plans prepared by Steiner Construction dated February 14, 2003 and revised March 12~, subject to the following conditions I through 30. Mayor Furlong: 1 through 30 as presented. Is there a second to that motion? Councilmnn Peterson: Second Mayor Furlong: Any discussion on that7 Seeing none and without objection we'H call the question. Councilman Labatt moved, Councilman Peterson seconded to approve Site Plan g2003-1, plans prepared by Steiner Construction Services, dated February 14, 2003, revised March 12, 2003, subject to the following conditions: The developer shall enter into a site plan agreement with the City and provide the necessary security to guarantee erosion control, site restmation and laMsea~g. , The developer shall provide an addition al 150 square feet of fenestration on the south end of the building and 190 square feet of fenestration on the east side of the building. Favv~ transparency on street fronmg~ shall maintain 50 percent of the wall m-ea to the top of the brick. City Council Meeting- April 14, 2003 . 1 1 1 1 . 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. Sidewalk connections and pedestrian lamps shall be inclnded from this site to the properties to the north and west. Additionally, pedesuian access, including pedestrian ramps, shall be provided from the building to the trail on Corpomm Place. The developer shall add parking facilities for bicycles. Is a resmtmmt use is included on the site, benches or tables shall be added. The trash enclosure shall be made of the same material as the building and may not use a chain link fence. The developer shall increase landscape plantings in the east buffer yard to meet minimum requirements. A revised landscaping plan shall be submitted before final approval. Storm sewer design data shall be submitmd for staff review. A professional civil engineer registered and licensed in the State of l~[innesota mllst sigll all building plans. Sanitary sewer and watermain hookup ctut~ will be applicable for each of the new lots. The 2003 tnmk hookup charge is $1,440 for sanitary sewer and $1,876 for watermain. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the time of building pemfit issuance. Relocate the parking lot from the north side to the east side of the building. Add two more street lights along the west side of the building at the south~t and drive thru accesses. Add the latest City Detail Plate No. 3101, 5201, 5203, 5206, 5215, 5300, 5301. Add a note "Any connection to existing manholes shall be core drilled". Show existing sewer details, type,, class, slope, size. In the utility plan, revise the proposed catch basin (BC-1) invert to match the existing stub invert. Add a benchmark to the plans. Revise the existing storm sewer flow direction along the soufl~ side of Corpomm Place. The building is required to have an automatic fa~e extinguishing system. The accessible parking space access aisle on the east side of the building must be a minimum of 8 feet wide to accomm~ van parking. Detailed occupancy retailed req~ eauaot be reviewed until complete plans are submitted. The owner and/or their representative shall meet with the Inspecti~ Division as soon as possible to discuss plan review and permit Nroc~lums. 21 City Council Meeting - April 14, 2003 21. A PIV (Post Indicator Valve) will be required on the fire service water line coming into the building. Contact Chanhassen Fire marshal for exact location. Fire lane signs and yellow curbing will be requit~ Contact Chanhassen Fire marshal for exact location of "no parking fire lane" sigtlS and curbing to be painted yellow. 23. One additional fire hydrant will be required on site in line with the fire service water line coming into the building. Contact Chanhassen Fire marshal for exact location of additional hydrant. All radius turns shall be designed to accom,m~__ote the turning of Chanhassen trtre Depmmment's largest appara_ms. Submit radius mrna and dimensions to the Chanhassen City En~neer and Chanhassen Fire Marshal for review and approval. Pmsuam to 1997 Uniform Fire Code Section 902.2.2.3. A 10 foot clear space must be ~ around fire hydrants, i.e. street lamps, trees, shrubs, bushes, Qwest~ Xcel Energy, cable TV, and transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by fire fighters. Pursuant to Chanhassen City Ordinance #9-1. Builder must comply with water service installation policy for commercial and industrial buildings. Pursuant to Inspection Division Watex Service Installation Policy g34-1993. The builder must comply with the Chanhas~a Fire I)epamnent/F'tre Prevention Division regarding maximum allowable size of domestic water on a combination water/sprinkler supply line. Pursuant to Chanha~en Ftre Departum~t/Fire Prevention Division Policy #36-1994. 28. The applicant shall install Type II silt fencing and remove it upon completion of construction. 29. The applicant shall get an approved pavement section from en~neering staff. All voted in favor and the motion carried unanimously with a vote of 5 to O. Councilman Labatt: And I would move that we approve a sign variance to _permit wall signage on the west, east, south and north side of the subject ~. I guess I didn't take them the compass order. Mayor Furlong: I was waiting for the top to come in. Is there a second on that motion? Councilman Ayotte: Yeah, F Il second. Mayor Furlong: Any discussion? Seeing none and without objection we'll call the qnesti~ Councilman Labatt moved, Councilman Ayotte seconded to approve the sign variance to permit wall signage on the north, south, east and west side of the building, All voted in favor and the motion carried unazfunously with a vote of S to O. Mayor Furlong: And again; thank you for your commitment to our city and welcome to the new businesses. City Council Meeting - April 14, 2003 Councilman Peterson: Get the last ones done Fred. You don't have much left. Fred Richter: One other person to introduce. This is Jeff Berends from our office. He'll be dealing with the city... Kate Aanenson: Fred's leaving. Mayor Furlong: Thank you Fred. Kate Aanenson: And we're sad about that. Councilman Peterson: Retiring because you made so much money in that park? Kate Aanenson: He's been great to work with. Fred Richter: You don't want to know. Councilman Peterson: Thanks Fred. CITY cODE VlEI MENT, INi UDING APPRQyAL OF IMARY QRDINANI FOR PUBLIi ATION Kate Aanenson: That's pretty much it. I just want to make one clarification. This ordimmce allows us to again recoup the cc~ of requiring environmental studies which we'll be shortly undertaking. And I just want to clarify, when we talk about the word cost, that we can probably also include that...cost to include administrative and fimmn~ costs. So just for your clarification $O. Mayor Furlong: Thank you. Any questions? To staff. Any discussion? I guess the issue on the cost was a question I raised and is that something that we have to specifi~y amend or is that just something that is a practice or is that somewhere else in our code? I think the issue here is when we're, when the city is funding such as the AUAR for 2005 MUSA, we're funding that now, the development doesn't occur for a nnmher of years. We'r~ up-fronting that money, there's an opportunity cost there. Administrative cost. Roger Knutson: There's a fiuanc~ cost to the city in up-fronting the money. I think that's included. Mayor Furlong: That falls within cost. Roger Knutson: ...if you feel more comf~le you could ~dd those terms. Mayor Furlong: That is not necessary. I would just, thi~ covers that? Roger Kuutson: Yes. Mayor Furlong: Thank you. I have no more questions. Any discussion? Is there a motion? Councilman Peterson: Motion to approve. City Council Me. ting- April 14, 2003 Mayor Furlong: Is there a second? Councilman Lundquist: Second. Mayor Furlong: Any discussion on the motion? Councilman Peterson moved, Councilman Lnndquist seconded to approve City Code Amendment to Chapter 18, Environmental Study Fees, including approval of summary Ordinance for pubfication purposes. Ail voted in favor and the motion carried unanimously with a vote of 5 to 0. Roger Knutson: Mayor, we also have a motion to approve thc summary for publicatiom That would save you some money. Mayor Furlong: Thank you. Todd Gerhardt: C_nxxi catch. Mayor Furlong: We have two motions on this Rcm. Thank you. Is there a motion to approve summary ordinance. Councilman Peterson: I moved both. Kate Aancnson: That's what I assmmd. We put those in thc paper. Roger Knutson: Alright. I was going to ask but I didn't want to... Councilman Peterson: You should know by now, whenever there's 2 or 3 1 always means all of them. Kate Aancnson: Just to be clear, that goes in thc paper. Councilman Peterson: Unless otherwise stated. Todd Gerhardt: Same thing on those police contracts Nanm Mayor Furlong: I think we broke those down. Todd Gerhardt: Okay I'm sorry, I missed that one. Councilman Lundquist: Craig likes thc broad brush. Mayor Furlong: Okay we'll move on. Councilman Lundquist: A qtmsfion I had. Roger the, under Roman Nmneaal H on thc policy, number 6 is, city contracts relating to projects proceeding under MS429 will not be expanded by more than 25 percent. And under number, Roman Numeral ffl, Procedure, number 6. It talks about a change order, approval amounts and there's an over 75,000 that will be considered a work scope change and proces~ as a supplemental agreement. My question is, if there's something City Council Meeting- April 14, 2003 that falls inbetween there, let's say it's a $100,000 contract and we have a $30,000 change order. We have one thing that said it wouldn't, that it won't be expanded by more than 25, and we have another one that says that it doesn't have to be a work scope change unless it's over 75, so. Roger Knutson: The more restrictive would apply in the simatiom For example, the 25 percent on item number 6 is right in Minnesota Statute Chapter 429, which would specifically prohibit you. So if you have to go more than that, then you might for example have to go out and get another bid potentially. Mayor Furlong: Okay. Is that all? Councilman Lundquist: Yes. Mayor Furlong: Any other questions or discussion? Councilman Labatt: I just wanted to make a comment to, this is a great doctunem to have, It would have been nice to have it 2 weeks ago but it's. Todd Gerhardt: This will be inclpd~ in all our plans and specifications when we go out to bid too. So we'll attach it as an addendum to those, or include them in those eontxacm. Mayor Furlong: Yeah I agree. I think in terms as well of brining everything in accordance with city policies, we passed a purchasing policy earlier this year which laid out some guidelines. I know this was done consistently but also that included ethical tmwfices as well so that eliminate-~ some of those questions as well so I agree with Councilman ~ very well done and appreciate the quick mm around. Any other questions or comments or discussions? Do you want to make a motion? Councilman Lundquist: Motion to approve the Change Order and Supplement Agree~ts Policy. Mayor Furlong: Is there a, you're going to do both of them in the same one? Councilman Lundquist: Yep, I'll go for, since Craig's not here. Mayor Furlong: Is there a second? Mayor Furlong: Any discussion on the motion? Councilman Lundquist moved, Councilman Labatt seconded to approve the Change Order and Supplement Agreements Policy. All voted in favor and the motion carried unanimously with a vote of 4 to 0. (Craig Peterson was not present for the vote.) COUNCIL PRF_~ENTATIONS. Councilman Lundquist: Nothing on Highway 41. Mayor Furlong: Wasn't there an open house on Highway 417 City Council Meeting- April 14, 2003 Councilman Lundquist: There was. Mayor Furlong: Okay, very good. Any other council presentations? We did have a, I think everybody, most everybody was there, at the Eastern Carver County Leadership. An oppammity to present our city's strategic plan along and hear the strategic plans and initiatives of our neighboring cities and the school district and the county which was a very good evening. Time well spent so I think that's good. It's a way for us to work toge~ with neighboring cities and with the school district and county to coordinate our initiatives. Look for oppommities to work together where we have common goals. Todd Gerhardt: I sent out a summary e-mail from that meeting. Did everybody receive that? No? Then I must not have sent it out. Alright, Fll do that. Todd Gerhardt: I got a summa~ fi'om the school district. Mayor Furlong: We'll look for that tomorrow. Todd Gerhardt: Thought I sent that out. Mayor Furlong: Okay. Any other council presentations? If not, any adminislxative presentations Mr. Gerhardt? Councilman Lundquist: I'll talin a mulligan Mr. Mayor. I'll take a mulligan on the council presentations. We, for the audience at home, we had an opportunity tonight to tour the new library that's under consuucfion and I have to say it's a big building. It looks i ,repressive at this point and looidng forward to the opening on the 16~ of August is slated right now. Open for business, so. Mayor Furlong: Good, thank you. ADMI_~TIyE PRF.~ENTATIQNS. Todd Gerhardt: Just any questions on the ~ paek~? There were 2002 un-audited revenue and eXlXmditures in there. Just w~ if anybody had the oppommity to look at that If you haven't, you can give me your comments later on. I'm going to be sitting down with Bruce later in the week to go through some of those items so if you have any questions let me know. Other than that, there's nothing new to retxn'L Mayor Furlong: Okay. Thank you. We've completed our items. If there's no other items before the council we will hold off on adjourning for another 2 hours and 45 minutes so that we get our 4 hours in. Mr. Labatt said that he wanted to... Is there a motion to adjourn Councilman Labatt. Councilman Labatt mov .ed, Councilman Lundquist seconded to adjourn the meeting. AH voted in favor and the motion carried. The City Council meeting was adJo~ at 8:45 Submitted by Todd Ger~t City Manager Prep~ by Nann Opheim