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CC SUM 2010 02 22 CHANHASSEN CITY COUNCIL REGULAR MEETING SUMMARY MINUTES FEBRUARY 22, 2010 Mayor Furlong called the meeting to order at 7:10 p.m. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilman Litsey, Councilwoman Ernst, Councilwoman Tjornhom, and Councilman McDonald STAFF PRESENT: Todd Gerhardt, Greg Sticha, Laurie Hokkanen, Kate Aanenson, and Paul Oehme PUBLIC PRESENT: Averey Speed Marylee Horstmann Katie Horstmann Nathan Taylor Andrew Larson Elle Foislund PUBLIC ANNOUNCEMENTS: None. CONSENT AGENDA: Councilwoman Ernst moved, Councilman McDonald seconded that the City Council approve the following consent agenda items pursuant to the City Manager’s recommendations: a. Approval of Minutes: -City Council Work Session Minutes dated February 8, 2010 -City Council Verbatim and Summary Minutes dated February 8, 2010 Receive Commission Minutes: -Planning Commission Verbatim and Summary Minutes dated February 2, 2010 -Park and Recreation Commission Verbatim & Summary Minutes dated January 26, 2010 Resolution #2010-13: b. Well No. 4 Project 09-02: Approve Quotes for Rehabilitation. Resolution #2010-14: c. Approve Resolution Designating Park Road as a MSA Street. Resolution #2010-15: d. Crossroads of Chanhassen: Accept Streets and Utilities. e. Audubon Road Reconstruction Project 10-02: Authorization to Proceed with Temporary Easement Acquisition. City Council Summary – February 22, 2010 f. Approval of 2010 Key Financial Strategies. Resolution #2010-16: h. Approve Resolution Authorizing Interfund Loans for Chanhassen Transit Station Project. Resolution #2010-17: i. Public Works Building, Project 08-03: Approve Change Order. All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS: BRIAN RECKER, RJM CONSTRUCTION, RECAP OF PUBLIC WORKS BUILDING CONSTRUCTION PROJECT. Brian Recker reviewed the goals they had set at the beginning of the construction process. Mayor Furlong asked the City Manager to comment on how the construction management process worked in comparison with using a general contractor, which had been the process used in the past. Mr. Gerhardt commented that he was definitely sold on the construction manager approach. Councilwoman Ernst asked Mr. Recker to comment on how this project ranked among other cities and project’s he’s worked on. Mr. Recker stated it ranked at the top. Mayor Furlong asked Mr. Recker to comment on the teamwork aspect of the process. Councilman McDonald thanked RJM Construction for overseeing the quality of work on the project with having to use the low bid process. Councilwoman Tjornhom asked Paul Oehme to comment on the advantages of having the new public works building. LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE. Lt. Jim Olson asked if there were any questions on the monthly reports for January before provided an update on the final clearance rate for 2009 of 72.83%. He highlighted an arrest by Detective Ryan Thiel stemming from a theft at a local business in the past month, encouraged parents to talk to new drivers about the importance of going slow through neighborhoods, a reminder that winter parking remains in st effect until April 1, and to be aware of phone scams. Chief Roger Smallback reported on fire department calls for January noting a garage fire and medical call that resulted in a CPR save. He extended an invitation to the Mayor, City Council, Todd Gerhardt, and Laurie Hokkanen to witness or participate in a training exercise at the Edina Training Center. Mayor Furlong asked Chief Smallback to comment on snow clearing around fire hydrants. LOTUS RETAIL CENTER: REQUEST FOR SITE PLAN APPROVAL WITH VARIANCES FOR A 7,992 SQUARE FOOT RETAIL BUILDING AND AMENDMENT TO THE CONDITIONAL USE PERMIT FOR LOTUS LAWN AND GARDEN, THTH LOCATED AT 78 WEST 78 STREET AND 19900 WEST 78 STREET. APPLICANT: CENTER COMPANIES, LLC AND LOTUS LAKE GARDEN CENTER, INC. Kate Aanenson presented the staff report and Planning Commission update on this item. Councilwoman Ernst asked staff to explain their request that the applicant revise their lighting plan. Mayor Furlong asked if future parking requirements were spelled out in the conditions of approval. Councilwoman Tjornhom asked staff to explain what kind of control the council has over what’s allowed in the BH district. The applicant, Ben Merriman outlined the challenges 2 City Council Summary – February 22, 2010 they had to face in working with this site, i.e. easements and property line issues. Mayor Furlong asked the applicant to explain how they will address building security and lighting. Jay Kronick, property owner of Lotus Lake and Garden Center reflected on the history and stated he was looking forward to the redevelopment of the property. After comments from council members, the following motions were made. Councilman McDonald moved, Councilwoman Tjornhom seconded that the Chanhassen City Council approves an amendment to Conditional Use Permit #88-13 to eliminate the Hennepin County parcel for a garden center and to relocate the storage bins to the Carver County parcel. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Councilman McDonald moved, Councilwoman Tjornhom seconded that the Chanhassen City Council approves the Site Plan for an 8,000 square foot, one-story retail building, plans prepared by SEH dated 12/30/2009 with an 8% parking variance to permit 58% of the parking between the front façade and the primary street for property located at 19900 th West 78 Street, subject to the following conditions: Building Official 1. a. The buildings are required to have an automatic fire extinguishing system. b. The plans must be prepared and signed by design professionals licensed in the State of Minnesota. c. Accessible routes must be provided to commercial buildings. d. All parking areas must be provided with accessible parking spaces. As submitted the retail building must have a minimum of 2 accessible parking spaces, one of which must have an 8 foot access aisle. e. The owner and/or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit. Forester 2. a. This parcel is within the Emerald Ash Borer Quarantine area. All ash trees removed on site must be disposed of at an MDA approved ash tree disposal site. b. The Black Hills spruce proposed at the northwest corner of the building must be replaced with a deciduous selection in order to avoid future sight line conflicts. c. On the north property line the applicant is short over- and understory trees. Staff recommends that the applicant meet minimum requirements for buffer yard plantings on the east side. d. On the east property line the applicant is short over- and understory trees. Staff recommends that the applicant meet minimum requirements for buffer yard plantings on the east side. e. A line of shrubs must be planted along the parking lot on the south property line. The shrubs must have a minimum height of three feet at maturity. City approval of the shrubs species and planting spacing is required before installation. 3 City Council Summary – February 22, 2010 Water Resources 3. a. The following Standard City Plates shall be included in the submittal set: 1) Plate No. 5300 – Silt Fence (wooden posts are not to be used) 2) Plate No. 5301 – Rock Construction Entrance 3) Plate No. 6302A – Catch Basin Sediment Trap b. Sheet C1 of C5 calls out 8” PVC while sheet C5 of C5 indicates 8” PVC for the standpipes and 6” for the remaining perforated PVC. This discrepancy must be clarified. The Minnesota Stormwater Manual recommends an 8” draintile to reduce the potential for freeze up. c. No sock should be used around the under drain in the bio-retention areas. d. This will primarily be a Filtration Facility with Partial Recharge as described in the 2005 Minnesota Stormwater Manual. As such, the filter fabric over the gravel bed area but not extending to the side walls is adequate as shown. If insufficient separation is discovered between the bottom of the facility and the ground water, the fabric should be extended to the sidewalls as shown in Figure 12.BIO.4 of Chapter 12 in the 2005 Minnesota Stormwater Manual. e. Rock specifications are required for the draintile bedding in the bio-retention area. This rock must be clean, washed and may not include crushed limestone. f. No soil mixture is specified for the bio-retention area. Sheet L200 calls out a soil mixture for all areas to be planted with groundcover, perennials or annuals. This mixture is not suitable for the bio-retention area. The mixture may include not less than 40% sand by volume and may not incorporate any in situ soil materials. g. Measures must be taken to address the drain tile and curb cut discharge points into the bio0retention area to assure that they do not scour over time or fill up with debris. h. The invert elevations of the drain tiles where they enter the bio-filtration area must be called out on the plans. i. The applicant shall apply for and obtain permits from the appropriate regulatory agencies and comply with their conditions of approval. j. The existing grades are not legible on the civil plans. These must be clarified. k. The bio-retention area must be protected from heavy equipment traffic; this must be shown on the grading and utility plan sheets. l. The total disturbed area should be quantified and reported on the grading plan. If this is equal to one acre or more an NPDES permit and SWPPP will be required. m. The developer shall comply with the requirements of the Carver Soil & Water Conservation District as specified in the letter to Robert Generous dated January 20, 2010. Engineering 4. a. A cross-access and parking agreement must be executed and recorded. b. The developer must provide a trucking route to the Engineering Department for review and approval. c. The grading plan must be changed so that the bio-retention basin will not be over the existing trunk watermain and sanitary sewer easement area. 4 City Council Summary – February 22, 2010 d. The developer shall replace the trunk watermain and will be reimbursed for the cost to replace the trunk watermain, install two gate valves, replace a fire hydrant and produce engineering as-built drawings. The reimbursement will be based on the actual cost to complete this work and shall not exceed $25,000. e. The new watermain shall meet the minimum City requirements, including stainless steel hardware on the valves and hydrant. f. A snake pit for the tracer wire shall be installed at each end. g. The sanitary sewer will be televised to determine its condition. The City will work with the developer to include maintenance or repair work if needed. h. The developer’s engineer must submit cross sections at the proposed utility crossings for review and approval. i. All civil sheets must be signed by an engineer registered in the State of Minnesota. j. Any use that goes into the site must follow city ordinance for parking standards. General 5. a. In locations where the sidewalk crosses the curb, a pedestrian ramp shall be provided. b. The applicant shall review the light plan to meet the requirement for 1/2 foot candle illumination at the property line. A revised photometric plan shall be submitted with the building permit to verify compliance with City Code. c. All signage shall comply with City Code and requires a separate sign permit application. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Councilman McDonald moved, Councilwoman Tjornhom seconded that the Chanhassen City Council adopts the Planning Commission’s Findings of Fact. All voted in favor and the motion carried unanimously with a vote of 5 to 0. CONSENT AGENDA: (G). APPROVE RESOLUTION OF SUPPORT TO APPLY FOR EAID GRANT MONEY TO INSTALL HANDICAPPED ACCESSIBLE AUTOMATIC DOORS ON TWO POLLING PLACES. Councilwoman Tjornhom questioned whether it was the right thing to do to accept grant money to install automatic doors. Mayor Furlong agreed with Councilwoman Tjornhom. Councilwoman Ernst asked for clarification on the reason for bringing this proposal before the council. Councilman Litsey stated he could understand the need for installing the automatic doors. Councilman McDonald stated he could understand installing the automatic doors at public facilities but not at Christ Lutheran Church. Councilwoman Tjornhom moved, Councilwoman Ernst seconded to take no action on item 1(g). Approve Resolution of Support to Apply for EAID Grant Money to Install Handicapped Accessible Automatic Doors on Two Polling Places. All voted in favor, except Councilman Litsey who opposed, and the motion carried with a vote of 4 to 1. 5 City Council Summary – February 22, 2010 COUNCIL PRESENTATIONS: None. ADMINISTRATIVE PRESENTATIONS: Todd Gerhardt reported on the School District 276 Leaders Meeting which included the entire school board who asked for feedback on what’s working and not working with the cities within the district. CORRESPONDENCE DISCUSSION: Councilman McDonald commented on the letter from the General Mills employee for her appreciation in the help she received from a city employee. Councilwoman Ernst moved, Councilman Litsey seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The City Council meeting was adjourned at 8:20 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 6