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CC Minutes 2001 08 27CHANHASSEN CITY COUNCIL REGULAR MEETING AUGUST 27, 2001 Acting Mayor Labatt called the meeting to order at 7:00 p.m. The meeting was opened with the Pledge to the Flag. COUNCILMEMBERS PRESENT: Acting Mayor Labatt, Councilman Peterson, Councilman Ayotte and Councilman Boyle COUNCILMEMBERS ABSENT: Mayor Jansen STAFF PRESENT: Todd Gerhardt, Roger Knutson, Teresa Burgess, Bruce DeJong, Kate Aanenson, Bob Generous, Julie Hoium, and Todd Hofknan. PUBLIC PRESENT FOR ALL ITEMS: Deb Lloyd 7302 Laredo Drive Janet Paulsen 7305 Laredo Drive Sherry Ayotte 6213 Cascade Pass PUBLIC ANNOUNCEMENTS: Acting Mayor Labatt: Okay under public announcements we have one statement that Craig wanted to make. Councilman Peterson: Mr. Mayor I would like to make a motion on behalf of the council that this evening we approve an appointment agreement dated on the 27th of August between the City of Chanhassen and what will be the newly appointed City Manager, Todd Gerhardt. Acting Mayor Labatt: Any other thoughts or comments? Councilman Ayotte: Second. Councilman Peterson: Thanks for your comments Bob. Councilman Ayotte: When can we eat the cake? Acting Mayor Labatt: Okay, so ifI can then have a motion on this employment agreement with the City of Chanhassen and Mr. Todd Gerhardt. Councilman Peterson: So moved. Acting Mayor Labatt: Is there a second? Councilman Boyle: I'll second. City Council Meeting - August 27, 2001 Councilman Peterson moved, Councilman Boyle seconded to approve an City Manager Employment Agreement dated August 27, 2001 between the City of Chanhassen and Todd Gerhardt. All voted in favor and the motion carried unanimously 4 to 0. Acting Mayor Labatt: Motion passes. Congratulations Todd. Now we're going to take a quick recess and have cake and celebrate Todd's appointment so Bruce, if you would. Where did Bruce go? There he is the cake cutter and this is not normal but. The City Council took a short recess at this point in the meeting. CONSENT AGENDA: Resolution #2001-50: Reject Bids on Construction Contract for Quinn Road Sanitary Sewer Project 01-02. Resolution #2001-51: Approve Resolution for Support for the Establishment of CSAH 15 from CSAH 14 (Pioneer Trail) to CSAH 18 (Lyman Boulevard). f. Big Woods on Lotus Lake; Coffman Development Services: 1) 2) Final Plat Approval Approval of Plans & Specifications and Development Contract g. Resolution #2001-52: Accept Utility Improvements in White Oak Addition, Project 00-10. Resolution #2001-53: Accept Streets & Storm Sewer Improvements in Marsh Glen, Project 00- 06. Resolution #2001-54: Approve Change Order Request from TMI for the Lake Lucy Water Reservoir, Project 00-02. j. Approval of Bills. Approval of Minutes: - City Council Work Session Minutes dated August 13,2001 - City Council Minutes dated August 13,2001 Receive Commission Minutes: - Planning Commission Minutes dated August 7, 2001 - Park and Recreation Commission Minutes dated July 24, 2001 Approve Amendment to the Planned Unit Development Agreement to Allow Decks to Encroach 12 feet into the Required 30 foot setback, Chaparral 2nd and 3rd Additions. Resolution #2001-55: Resolution in Support of Grant Application for Congestion Mitigation Air Quality (CMAQ) Grant Funds, Southwest Metro Transit. All voted in favor and the motion carried unanimously 4 to 0. City Council Meeting - August 27, 2001 Me APPROVAL OF SITE PLAN REQUEST TO CONVERT AND EXPAND A SELF CAR WASH STALL TO A TOUCH-FREE CAR WASH; AND A VARIANCE TO THE IMPERVIOUS SURFACE COVERAGE AND SETBACKS; 7901 GREAT PLAINS BOULEVARD; RON BROWN, BROWN'S CAR WASH. Acting Mayor Labatt: I had pulled that for separate discussion. I just met with the applicant and Mr. Generous. It relates to under the items under the recommendation number 11 where the, discussing the curb cutting. And the applicant, when he looked at it he informed me that the entrance is not wide enough for, to allow large vehicles to come in and make the angle into the wash gate so if we could have him discuss it or Bob, if you'd like to just speak to everybody. Bob Generous: Thank you Mr. Mayor, Council members. Item 11 was actually recommended for deletion by the Planning Commission because of the expansion of the self-serve car wash, the entrance is closer to the street and so the existing curb line people would have to make a sharper curve in there. However in staff reviewing that after the deletion we discovered that the proposed driveway width would be 52 feet under the proposed plan and city ordinance says that it should be 36 feet. So we went back with the original recommendation to leave that in because it was a deviation from our standards. However like I said, the Planning Commission did recommend that that item be deleted. They were cognizant of the larger vehicles in the community may have a difficult time making it through that touch free car wash. Acting Mayor Labatt: Okay. Well this picture here Gary is showing the curb, this curb in the plan actually comes out like this and the problem was these cars can't make this sharp mm there. But you can have Gary, can you go over that blueprint so we all. Ron, I'm sorry. Gary's your dad. And if you could just state your name. Ron Brown: Yeah, Ron Brown, 8102 Dakota Lane representing Brown's Car Wash. This curb cut here, this is Great Plains Boulevard. This is West 79th Street. This line right here is the existing curb line. This is the proposed wash bay. Right in about here there has to be a box where you insert your money or your token. So you come in with any vehicle right here, it would be real tough to position your car, well which is that long, within this area. Planning Commission saw this. They suggested we do away with that curb cut altogether. Make it a straight line. Make it easier and safer for people to enter. The distance between the curb lines as they sit today are 36 feet and what we want to do is get rid of this, that brings it to 52 feet wide. Acting Mayor Labatt: Does anybody have any questions? Councilman Ayotte: I still want to get back to Bob, your reaction to it is? Bob Generous: Well, we were following the ordinance requirements. The original proposal was trying to preserve some of the green space and so however we are, as part of the applicant they are providing additional landscaping around the site so there's a trade-off you always have. From a circulation standpoint he's probably correct, it will work for the larger vehicles a lot better than keeping the curb cut in. Councilman Boyle: Makes sense to me. Councilman Peterson: Well it will work better for the smaller vehicles too so all the way around. City Council Meeting - August 27, 2001 Acting Mayor Labatt: in it's entirety. Councilman Petersan: Acting Mayor Labatt: So I guess what I would recommend is that we approve this deleting item number 11 I agree. Okay. Is that okay with you Ran? Ran Brown: That's wonderful with me. Acting Mayor Labatt: Okay. So ifI could have a motion and a second then. Councilman Boyle: So moved. Councilman Ayatte: Second. Acting Mayor Labatt: Deleting item number 117 Councilman Boyle: 11. Acting Mayor Labatt: Okay. You were seconded by who, Bob? Okay. Councilman Boyle moved, Councilman Ayotte seconded to approve Site Plan #2001-9, shown on plans prepared by Peter Curtis Architect, dated July 6, 2001 with an 8.8 percent variance to the lot coverage and a 1,309 square foot variance to the lot area based on the findings of fact and subject to the following conditions: 1. The applicant shall enter into a site plan agreement with the City and provide the necessary security to guarantee erosion control, site restoration and landscaping. 2. Add a benchmark to the plans which was used for the site survey. 3. Add a legend to the site plan. 4. Show all proposed and existing contour lines. 5. The proposed addition cannot be built across the property line therefore Tract B and Parcel A must be combined into one lot. 6. Detailed retail occupancy requirements cannot be reviewed until complete plans are submitted. 7. The owner and/or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. 8. The developer shall plant eight trees on site in the following locations: two ornamental trees at the north end of the grass area between the buildings, one overstory deciduous tree in the peninsula to the east, one ornamental tree in the northeast comer of the property, three overstory deciduous trees in the southeast comer of the property. City Council Meeting - August 27, 2001 9. The developer shall submit a landscape plan to the city prior to the building permit. 10. Prior to the issuance of the building permit for the expansion, the signs on the touch free buildings shall be replaced. All non-conforming signs on the self service car wash building shall be removed. New signs on the self-serve car wash building will be installed after the remodeling. A separate sign permit is required for each sign. All voted in favor and the motion carried unanimously 4 to 0. VISITOR PRESENTATIONS: None. LAW ENFORCEMENT UPDATE. Sgt. Dave Potts: Good evening Mayor, Council. I'm here this evening as one of the walking wounded. That's why I'm not in my typical uniform addressing the council this evening. I didn't work today. Injury at home due to some exercise. Hopefully be back at it pretty quick here. But I did want to come in to give my monthly report. You do have the sheriff's area, or sheriff's office area report for July attached in your packet. You'll see my note regarding the citation listing. The records division is still working with their new software and have some glitches there as far as generating a citation report so you don't have that this month. You have JeffMixner's monthly highlights for July. And then just some miscellaneous items I wanted to touch on for this evening. First was National Night Out on August 7th. 21 neighborhoods signed up to participate this year. I believe that was the same number as last year. Sheriff's office was able to provide 4 officers for the event who traveled to the different neighborhoods. However that was the unfortunate night where Chaska Officer Ben Anderson was shot in the ensuring stand-off with the gunman there that lasted throughout the night so the officers that were participating in National Night Out were called away. Beth Hoiseth was able to stop at each of the neighborhoods just to let them know what happened and that an officer wouldn't be able to make a personal visit to their neighborhood. She was able to do that for every one of the neighborhoods except one that she made phone contact with the next morning I guess to explain that so a little bit of a problem there but that's part of life on the job. Safety Camp August 14th. The sheriff's office was able to provide 6 officers to participate as team leaders or presenters for this year's Safety Camp. The Sheriff was also there in the morning and again the afternoon for the opening and closing ceremonies. And this was my first opportunity to participate in Safety Camp this year. I was one of the team leaders and I just wanted to let you know that I was very impressed with the work that Beth Hoiseth puts into this event each year. It just showed me what a lot of work that she has to go through in coordination with the city's Park and Rec Department as well. And the event was quite successful. And a couple other things I didn't note on my memo to the council was just an update on the Legion robbery. I'm sure you probably saw in the newspaper that the third suspect has been arrested regarding the Legion robbery and the investigation continues. And I think this is one of those examples where a significant crime occurs, an investigation starts and people have kind of an assumption I believe often times that investigations are resolved one way or another relatively quickly. Well you can see how long this one has gone on. It's just one example and it continues to this day. Some city vandalism I wish to report to the council as I try to keep council updated on anything that affects the city directly. The lift station down on Lyman Boulevard you may have seen or heard about, had some graffiti spray paint on the garage doors down there. And then a city barricade over at Kiowa and Springfield where the two roads kind of come together but don't meet, the barricade suffered some damage and again that would be a city barricade. City expense so I had to mention those items specifically to the council. And that's my short and quick update for this month. Are there any questions or comments from council? City Council Meeting - August 27, 2001 Acting Mayor Labatt: I noticed on the way in tonight that we have trailers up on Pleasant View. How often do you move that? Sgt. Dave Potts: Excuse me? Acting Mayor Labatt: The radar trailer is up on Pleasant View I noticed on the way in. Sgt. Dave Potts: The radar trailer is put out every day that either the trailer and/or the officer that is assigned to put it out is put out every day and it's used county wide. What I do is I give a list to him of all the areas in Chanhassen that I'd like to see it and they try to schedule it. Typically 2 days at a time on a street so they can get both directions. The radar trailer clocks one direction and so you get it 2 days in a row to get it both directions on that particular street and then it's moved somewhere else so it comes in and out of Chanhassen. Acting Mayor Labatt: Okay. Does that provide you with data on a printout after? Sgt. Dave Potts: No. No, what that does it just has a big readout for the drivers education basically. Kind of clock their own speed as they're driving by. Teresa Burgess: IfI may, we do have the speed traffic counters that do provide that data and so if there's a specific area, we try to coordinate with the Carver County Sheriff's Department and get those out and get the data for them. Sgt. Dave Potts: As part of the Project Leadfoot program we are currently gathering data on several streets throughout the city. Some streets where we've had complaints on. Other streets where we felt we want to do some comparisons against the streets we've had complaints on so a number of different areas we're using that traffic counters that log the speed and the types of vehicles and the number of vehicles, all that information. Acting Mayor Labatt: Okay, any questions or comments? Thanks Dave. PUBLIC HEARING: TH 101 TRAIL, PROJECT 97-12-3: me B. C. D. PUBLIC HEARING FOR THE MINNESOTA DNR OUTDOOR RECREATION GRANT PROGRAM. CONSIDER RESOLUTION FOR GRANT APPLICATION. AUTHORIZE PREPARATION OF FEASIBILITY STUDY; APPROVE CONSULTANT CONTRACT. LETTER OF THANKS TO REPRESENTATIVE WORKMAN FOR HIS EFFORTS IN OBTAINING THE DNR GRANT. Public Present: Nflme Address Sandy Carlson Beth Ludtke 7271 Kurvers Point Road 7231 Kurvers Point Road City Council Meeting - August 27, 2001 Brenda Vatland Rathana Bo Nick & Sandy Gassman Pat & Mike Miller Jim & Carolyn Erny Bryan & JoEllen Price Charles B. Hallau Frank Mendez Robert Mortenson Jeff Grover George & Janet Weaver Smith Drew Carlson Franklin J. Kurvers Mel Kurvers Lynn Thorpe Diane Whiting Margaret Paulson Leon & Marilyn Narem 7290 Kurvers Point Road 7004 Sandy Hook Circle 6800 Brule Circle South 71 Choctaw Circle 7008 Sandy Hook Circle 7006 Sandy Hook Circle 115 Choctaw Circle 7361 Kurvers Point Road 7371 Kurvers Point Road 60 Twin Maple Lane 31 Hill Street 7271 Kurvers Point Road 7220 Kurvers Point Road 7240 Kurvers Point Road 41 Hill Street 51 Hill Street 7200 Juniper Road 20 Sandy Hook Road Teresa Burgess: Tonight is the time that's been set for the public hearing for the Minnesota DNR Outdoor Recreation Grant Program. As part of the grant program we are required to have a public hearing to discuss whether we want to apply for the grant. We are not intending for tonight's meeting to be discussing the roadway, although I realize that they are related to the neighborhood. The intention is to just discuss the grant tonight and with that I don't have anything specific. I'd be happy to answer any questions that come up during the public hearing or that the council may have. Acting Mayor Labatt: Okay. Anybody have any questions before we open this up? Councilman Ayotte: Just with regard to the proposal that we received. Teresa Burgess: That's a separate item. If you want me to answer it now I can but I can when we get to it. Councilman Ayotte: I'll wait. Teresa Burgess: I've got more. Acting Mayor Labatt: Okay, we'll now open this up for public hearing. So those people wishing to discuss the 101 trail. If you want to state your name. Hi Frank. Frank Mendez: Hi Steve. My name is Frank Mendez. I live at 7361 Kurvers Point Road here in Chanhassen and I just wanted to start off with just a few notes here. A lot has been said over the course of 2 ½ or more years. State Representative Tom Workman has secured a $500,000 matching grant from the Minnesota Department of Natural Resources to be used for the construction of a trail along Highway 101 in Chanhassen. This is a huge accomplishment benefiting the entire city of Chanhassen and the Chanhassen residents who have been landlocked between Highway 101 and Lotus Lake for years. This trail serves to finally connect these neighborhoods and families to the community of Chanhassen. We really want to be part of this community. We've been driven, a lot of people ask us why are you driven? And City Council Meeting - August 27, 2001 we've been driven by our desire to be connected, to be safely connected to our community, not disconnected. And it's really that simple. And I'd like to quote Tom Workman. The previous City Council set aside $800,000 for the trail so the money is available. Now it's up to the current City Council. Councilperson Craig Peterson, Councilperson Bob Ayotte, Councilperson Gary Boyle, Councilperson Steve Labatt and the person who's not present, Mayor Linda Jansen, I would like to ask those of you who are here specifically to please, and I'd like to emphasize please, expedite the 101 trail process. This would allow us, and we're people of all ages, to be walking, biking, and smiling to downtown destinations such as the pedestrian friendly library, and the rest of our community by this time next year. We're awaiting the fulfillment of promises with great anticipation. Thank you very much. Carolyn Erny: I'm Carolyn Erny and I live at 7008 Sandy Hook Circle and I am here also to endorse the trail on 101. I'm one of the senior citizens that Frank mentioned last week and I can see this just really enhancing the quality of life in our neighborhood, not only for our family, but for the other families as well. There's so many young children in our neighborhood. From newborn through teenage years and I think it would be really wonderful to have these young people to be able to be connected to Chanhassen and there really are so many things that would open up to all of us if this trail is put in place. And thank you so much for your consideration. Acting Mayor Labatt: Thank you. Drew Carlson: Hi. I'm Drew Carlson and I live on 7271 Kurvers Point Road and I'd like a trail so I could get around to my friends neighborhoods. I enjoy Rollerblading here at the skate park, but it's hard for me to get here sometimes because there's no trail so I have to take the long way through the neighborhoods and I would enjoy a trail because I'm 13 and 14 next year I would be able to get a job so, somewhere here in Chanhassen so I'd like to have a trail so I could bike to my job maybe. Thank you. Acting Mayor Labatt: Thanks Drew. (There was a tape change at this point in the public hearing.) Eric Lavanger: ... all of the neighborhoods along 101 and I think as well the rest of the city of Chanhassen needs this trail to connect us with not only ourselves within the community, but other neighborhoods outside of Chanhassen. It was many years ago, soon after I moved to Chanhassen, that a trail along 101 came up. It was 8-9 years ago probably at this point, and it was a challenge then and there's no doubt today it's a challenge again, but the reality is that it's something that's needed and nothing of this sort is ever going to be easy but it certainly is something that I think we all would deeply benefit from and I hope that you'll give it your very favorable and positive consideration. Thanks. Acting Mayor Labatt: Eric, what was your last name? Eric Lavanger: Lavanger, L-a-v-a-n-g-e-r. Acting Mayor Labatt: Thank you. Anybody else? Janet Weaver Smith: Hi. I'm Janet Weaver Smith, 31 Hill Street, Chanhassen. I just have a question, and I don't know if this is the place to ask it or not but I'd like to present it, and that is when I read the article that the funds had been set aside in the last council, are those funds still there and if they're not, where are the funds for the trail? City Council Meeting - August 27, 2001 Teresa Burgess: I guess Bruce left already so I'll answer that, if the council doesn't mind. They are designated in our CIP, our Capital Improvements Program which means that they were not set aside for last year, they were set aside for this year. They were programmed into the budget for us to spend. Acting Mayor Labatt: The funds are still there. Teresa Burgess: The funds are still there. They have not been spent elsewhere. Although I would like to explain, we don't have a big pot of money sitting there waiting either. The money is invested properly. Acting Mayor Labatt: Anybody else? We do have Mr. Workman in the back row over here so I just wanted to point out that he is in the audience. Not to get you up here Tom but. We'll wait another couple seconds for somebody to build up some courage. If not we'll wrap this public hearing up. Okay, we'll bring it back to council. Tom do you want to come up? Tom Workman: I can get 3 breaths out in 30 minutes, right Roger? Thanks for having me. Tom Workman, 181 South Shore Court in Chanhassen. Not too far from the 101 trail, and a lot of neighbors in the room who made sure I remember that that trail needed to be done and so I want to say thanks to all of them. They're the reason I worked to do that. I think I introduced, and chief authored about 40 pieces of legislation this year. This one was a little bit different and a little bit under the radar on purpose. Keep your money under the table and work hard and I kept an eye on that and did a lot of things. Had fun time at the Capitol this year. This is something that I have worked with staff on and staff has put a lot of hard work in with this thing. I have the full layout of 101 in my Capitol office and I think I said back in January or February that I was going to design this highway if we couldn't get about the business of doing it and I think with the meeting that we had earlier this week with the Mayor, there's some good things that are occurring so we can get an even better fix on the highway and some permanent fixes. I think my only strong point at that meeting this week was, not 2003. 2002. Let's get it done. We could all be dead, moved or forgotten in 2003 so let's really try and get this thing done. Let's not wait for 3 years for that cash. It's not earning us any interest so let's get it done, but I've had a lot of fun with this and I'm going to stay involved, aren't I? So we're going to hopefully get as much accomplished, both with the road which I think is important, and the trail, and it's going to be a big celebration at Frank Mendez' house. Thank you. Todd, congratulations. Acting Mayor Labatt: Anybody else? Not to put people on the spot here but I do see Mr. Senn, former Councilmen for 8 years who worked diligently on this project too so, even though he's no longer up here he deserves a lot of recognition for his work as well. Bring this back to council. Any comments? Todd? Teresa, did you have? Teresa Burgess: No I don't. You ready to go onto the next? Acting Mayor Labatt: So may I have a motion to close the public hearing. Councilman Peterson moved, Councilman Boyle seconded to close the public hearing. All voted in favor and the motion carried. The public hearing was closed. Acting Mayor Labatt: So that takes care of 3(a), correct? Teresa Burgess: Yes. City Council Meeting - August 27, 2001 Acting Mayor Labatt: Now we go to 3(b). Teresa Burgess: As you can tell from the staff report we did anticipate that the public would be in support of this resolution. We are requesting to approve a resolution for the application for the grant funds for $500,000. The resolution is in the packet. It is a standard resolution that authorizes the City Engineer/ Public Works Director to apply on behalf of the City of Chanhassen and also states that we have the ability and the desire to maintain such a trail if it is built. Normally this item would be on the consent agenda. However, because of the public hearing we placed it after the public hearing so unless there's any questions, there is a recommended motion in the staff report. Acting Mayor Labatt: Do we need to read the resolution now? Roger? Roger Knutson: No you don't. Acting Mayor Labatt: Okay. Any questions from council? Councilman Boyle: No questions. Acting Mayor Labatt: Okay. May I have a motion? Councilman Peterson: I'd more to adopt the attached resolution to apply for a $500,000 Minnesota DNR grant for Trunk Highway 101 trail. Councilman Boyle: I would second that. Resolution #2001-56: Councilman Peterson moved, Councilman Boyle seconded to adopt the attached resolution to apply for a $500,000 Minnesota DNR grant for Trunk Highway 101 trail. All voted in favor and the motion carried unanimously 4 to 0. Acting Mayor Labatt: Okay, we're not done with 101 yet. 3(c) Teresa. Teresa Burgess: This item again would normally be on the consent agenda. However, because of the public hearing we did want to delay it until after the public hearing. We are asking council for authorization for the $10,000 for the feasibility study. The feasibility study for the trail is a requirement by statute for us to do a public improvement project. This would allow the consultant to begin that feasibility study including working with MnDot in obtaining the LUP, Limited Use Permit for placement of the trail. We are not at this time requesting authorization for the $150,000 design. That would be done when the plans and specifications are recommended for preparation. When we come to the council for authorization to do that. In the meantime we do want to get started on the feasibility study. If there's any questions from the council I'd be happy to answer those. Councilman Ayotte: Because of. Acting Mayor Labatt: Go ahead Bob, I won't cut you off. Councilman Ayotte: Thank you. Because of the interest on everyone's part for a beginning and end, is there a period of performance identified? What's the turn time to get this feasibility study done? 10 City Council Meeting - August 27, 2001 Teresa Burgess: What we have directed the consultant services to do is to work as soon as possible. We have not given them a drop dead date that they must have this done but they have been told that this is one of their primary responsibilities. They are also doing our MSA street project and we have told them that because these two projects are time sensitive, we will be pushing them on those and we'd prefer that they focus on them rather than take on additional city work, until those projects are done. Councilman Ayotte: But without asking for a drop dead date, do you have an estimated period of time? Teresa Burgess: A lot of that depends on MnDot and where things go with them. Right now we are working with them and trying to coordinate with them. We are also trying to work with Carver County and coordinate with them with the trail, and if those meetings go well, and we are able to address most of their concerns, we would anticipate a feasibility typically taking one month. This one is a little complicated so maybe a month and a half to 2 months. Councilman Ayotte: If there's a delay I would suspect your back-up plan would be to go to outside agents and solicit some support to push it through MnDot. Some of those agents might be in the room. Teresa Burgess: Representative Workman has already stated his support and has stated that directly to MnDot. Councilman Ayotte: But about a 6 week turn? Teresa Burgess: That's what we're anticipating. Our intention is to iron out most of those issues that MnDot raised during the feasibility study so that we don't spend money and time designing and re- designing. We'd rather get them ironed out up front. These are what they are expecting to be seen in the plans. That way when we do the set of plans, we'll be able to go to them, get approval and not have to come back and spend the money again for design. Councilman Ayotte: I understand, thank you. Acting Mayor Labatt: Okay. Any other questions Bob? Councilman Ayotte: No sir. Acting Mayor Labatt: Craig? Gary? Okay, so ifI could have a motion and a second please. Councilman Peterson: I'd move to authorize feasibility study preparation and also move to approve consultant contract for $10,000 with HTPO for preparation of said feasibility report. Councilman Boyle: Second. Councilman Peterson moved, Councilman Boyle seconded to authorize feasibility study preparation and also approve consultant contract for $10,000 with HTPO for preparation of feasibility report for TH 101 trail, Project No. 97-12-3. All voted in favor and the motion carried unanimously 4 to 0. Acting Mayor Labatt: Okay 3(d). This is the last one folks on 101. Teresa. 11 City Council Meeting - August 27, 2001 Teresa Burgess: At the last council meeting on August 13th Representative Workman requested that we, actually made a motion that we prepare a thank you letter to Representative Workman and thank him for his efforts so far. Staff did do that and it has been signed already by Mayor Jansen since she could not be here this evening. I'd just like to read it out loud and then if each of the council members could sign it. It says, Dear Representative Workman. We are writing to express our genuine thanks and gratitude for your efforts on behalf of the City of Chanhas sen in obtaining a $ 500,000 grant for the Trunk Highway 101 trail. In addition we are requesting your continued support and efforts in our dealings with MnDot and the Minnesota DNR to obtain approvals for a minimum impact trail in this corridor. Sincerely, City of Chanhassen and there's a signature blank here for each of the council members and the Mayor. Councilman Boyle: Who requested that letter? Acting Mayor Labatt: We had requested it. Councilman Ayotte: I also wanted more money. Acting Mayor Labatt: Tom, thank you for your work on this. It's very much appreciated. Thank you Mark for your work too. Okay, well that takes care of the 101. Folks, thank you for your support and hard work on this too. The neighbors and the affected residents. Appreciate that. Okay moving on. Actually for the, please let me make a quick message. The 101 folks here, if you want to stay for the rest of the meeting you're welcome to but we just need you to step into the senior center. Teresa Burgess: If there's a number of people that would like to stay, I can certainly take you up to one of the conference rooms. We expect a lot of people for the Westwood discussion so if you're just staying to watch. Acting Mayor Labatt: We're not kicking you out but feel free to stay. Grab a piece of cake on the way out if you're going home. Thank you. APPEAL DECISION FOR A REQUEST FOR A SIDE YARD SETBACK FOR THE CONSTRUCTION OF A SCREENED PORCH; 6800 BRULE CIRCLE, NICK GASSMAN. Acting Mayor Labatt: Okay we'll call this back into session here. Just for the folks from Westwood that came in, did you grab a piece of cake on the way in? If not, you can go out that door, there should be some more out there of the cake. Please have a piece. If not, next item is item number 4 which is an appeal to the decision for a request for a side yard setback for the construction of a screened porch, 6800 Brule Circle, Nick Gassman. Staff report please first Nick. Julie Hoium: Thank you. On June 17th the Planning Commission reviewed and recommended denial for this variance request. The applicant is appealing the decision. The applicant's requesting a 2 and a 4 foot variance from the side yard setback for the construction of a screened porch, if you can show it on, on the side of their home. While the buildable area on this lot is limited, it was staff's literal interpretation of the zoning ordinance that a hardship was not demonstrated, thus we are still recommending denial of the variance. With that I will take any questions. Acting Mayor Labatt: Okay, any questions for staff? Councilman Ayotte: I've got a couple comments. 12 City Council Meeting - August 27, 2001 Acting Mayor Labatt: Well why don't you save your comments until after. Councilman Ayotte: I'll wait for the comments, alright. Acting Mayor Labatt: Okay, the applicant. Nick, if you'd like to state your name and address. Nick Gassman: Good evening. My name's Nick Gassman. I live at 6800 Brule Circle in Chanhassen and as stated I'm here to request a consideration by the council to change the Planning Commission's rejection or denial of my side yard setback variance. And I'm here to answer any questions. You guys have the packet. You've been able to review the situation. It's all pretty much in black and white. We find that we've gone through the exercise of saying where the best location is. What's the minimal impact. I've gotten letters of support and recommendations from my neighbors, especially those that it would minimally impact. I've also sat through the Planning Commission and the hearing where they split 3 to 2 and they felt that it was in my best interest and they highly recommended that I come before you since you have the leeway or the jurisdiction that you can say, you know this one does make sense regardless of the strict adherence of the variance laws so I'm here asking for your blessing to be granted the variance for the side yard setback. Acting Mayor Labatt: Okay, thank you. Any questions for the applicant from council? Councilman Ayotte: A couple. So the approach that you're going towards, I would suspect you've costed it out and it'd be less cost to you obviously taking the approach that you're recommending, correct? Nick Gassman: Significantly less cost, yes. Councilman Ayotte: And that taking the approach that you would take, you would basically mitigate risk to foundation because the approach you're taking wouldn't be moving soils, is that correct? Nick Gassman: Correct. Councilman Ayotte: Okay. And number 3. Taking the approach that you would take, you would save trees because, would you definitely have to take trees out? Nick Gassman: Well the trees would be jeopardized because of the root systems. If we moved the dirt, these are old growth, mature oak and maple trees and when you push dirt and you cut into the root systems, being old and mature they have a tendency to die. They get diseased and so yes, there is a substantial risk to the trees. I would not have to literally go out and chop the tree down to build the site, as you can see here. But any pushing to the west towards that wall would cause harm to the trees, yes. Councilman Ayotte: Are the neighbors that are in support of you building it the way you want it here? Nick Gassman: Quite a few of them are. Audience: Do you want a hand raise? Councilman Ayotte: Yeah. Any problem? 13 City Council Meeting - August 27, 2001 Audience: No. We're all for it. Councilman Peterson: If you would before you leave, could you bring out the original plat and kind of show where the neighbors, you've got formal approval. Nick Gassman: Yes, we have 44 neighbors in the neighborhood. Councilman Peterson: Kind of point which ones have formally said that they would agree. And what their lots are. Acting Mayor Labatt: Just put an X on their lots. Nick Gassman: With the letters of recommendation? Councilman Peterson: Yes. Nick Gassman: This one and this one. Letters of recommendation. Those were the only two I sought only because those are the only two that can see the screened porch. And that would be Lauby and Dragsten. Councilman Boyle: What about the lot, would that be north of there? Nick Gassman: No, that's actually the. Audience: The lot north is me. And I don't have any problem with that. Audience: And I'm to the east and I don't have a problem with it. Councilman Peterson: We're getting your pretty well covered here. Councilman Boyle: Let's see east, west. We did it. Acting Mayor Labatt: Okay. Anything else Bob? Councilman Ayotte: No sir. Acting Mayor Labatt: Gary? Councilman Boyle: Well just one thing. Again, on what side, and I'm a little confused as to where the porch, the screen porch would be. Could you show that to me please? Nick Gassman: I can show you pictures. Here's the back... The porch is going to be on this wall. South wall... Councilman Boyle: And the alternative would be where? Nick Gassman: There is none... Councilman Boyle: Okay, understand. Thank you. 14 City Council Meeting - August 27, 2001 Acting Mayor Labatt: Comments? Craig. Councilman Peterson: i think it's reasonable. Acting Mayor Labatt: Bob. Councilman Ayotte: i think it's reasonable, i have some caveats to it, but i'll wait until we make a motion. Acting Mayor Labatt: You can make them now if you'd like. Councilman Ayotte: Okay. This is how I'm going to word the motion. The City Council approves Variance #2001-2 for 4 foot variance from the 10 foot side yard setback on the southwest comer of the proposed porch, and a 2 foot variance from the 10 foot side yard setback on the southeast comer of the same proposed porch as shown on plans dated June 1,2001 with the following conditions: Number 1 that the variance shall be recorded with Carver County. That the applicant shall be responsible for the attorney recording fees. And that number 2. The applicant shall maintain the natural drainage of the site. Councilman Peterson: Staff, you comfortable with that? Kate Aanenson: Yeah, sure. Acting Mayor Labatt: Gary, do you have anything? Councilman Boyle: No, I'm with it. i'll vote. Acting Mayor Labatt: Yeah, when you have abutting affected neighbors that are in support of it, i don't see a reason. Councilman Ayotte: I'm not going to cross them. Acting Mayor Labatt: So we have a motion from Bob. i'll take that. Councilman Boyle: i'll second it. Councilman Ayotte moved, Councilman Boyle seconded that the City Council approves Variance /12001-2 for 4 foot variance from the 10 foot side yard setback on the southwest corner of the proposed porch, and a 2 foot variance from the 10 foot side yard setback on the southeast corner of the same proposed porch as shown on plans dated June 1, 2001 with the following conditions: 1. That the variance shall be recorded with Carver County. That the applicant shall be responsible for the attorney recording fees. 2. The applicant shall maintain the natural drainage of the site. All voted in favor and the motion carried unanimously 4 to 0. 15 City Council Meeting - August 27, 2001 CONSIDER REOUEST FOR A LAND USE AMENDMENT AND REZONING TO PERMIT A RELIGIOUS FACILITY; WETLAND ALTERATION PERMIT TO ALTER AND FILL WETLANDS; SITE PLAN REVIEW FOR THE FIRST PHASE OF A RELIGIOUS CAMPUS; AND A VARIANCE FROM THE DISTRICT REGULATIONS; 3101 TANADOONA DRIVE, WESTWOOD COMMUNITY CHURCH. Public Present: Name Address David Happe Bill Coffman Dorothy Downing 604 Summerfield Drive 600 West 78th Street, #250 7200 Juniper Road Bob Generous: Thank you Mr. Mayor, Council members. As you stated, this is a hearing to review, there's 4 parts to it. A land use amendment from residential low density to public/semi-public. A rezoning from Rural Residential to Office Institutional. Wetland Alteration Permit and Site Plan Review with variances to building height. This property is located west of Highway 41, north of the northern property for Minnesota Landscape Arboretum. To the north of this property is the Camp Tanadoona across Tanadoona Drive. To the south is 80 acres that's owned by Minnesota Landscape Arboretum. There are some developable sites on the northwest and southwest comers of this property. Currently their access off of Tanadoona Drive and Dogwood Road. As part of the city's utility expansion for this area we are realigning the entrance off of Highway 41 to make a 90 degree mm there rather than, that's just a very sharp angle so there is some concern for sight distances in that area. The applicant originally could come in under the existing zoning and request a conditional use permit for a church. Rather than that we requested that they do a full disclosure and let the community know what their ultimate vision for this property was. To do that they needed the, we advised them that they request a land use amendment and the rezoning. The rezoning does permit the proposed development, long term development that they're looking at. However as each phase come in they would have to do an additional site plan review as well as a conditional use permit. At that time we'd be able to look at any conditions to impose on the development to mitigate any potential negative impacts on the project. Staff is recommending approval of the land use amendment and rezoning. We believe it's consistent with the surrounding development, the public/semi- public uses both north and south and it's compatible with the residential uses that would remain in the area. The proposed wetland alteration permit is for, to provide what we advised the applicant is we want to see what the total impacts to wetlands would be on this site at ultimate build-out. The impacts that they're looking at would be to provide this either driveway system or public road into the project to serve their ultimate build-out on the project. We have them do the wetland impacts upfront because then we can get them to do all the wetland mitigation. Have that in place and determine that it can actually fit on the site. Staff is supporting the wetland alteration permit with some conditions. We want them to maintain the existing water levels in the wetland and preserve the wooded area. This provides additional habitat diversity through the preservation of the trees. The first phase of this development is a site plan review for a 69,756 square foot interim worship hall, fellowship hall and educational building. This is a 3 story building. The two zonings that would impact this are the Highway 5 Overlay District which permits 3 story development but has a height limitation of 40 feet. The OI District, Office Institutional District permits 2 stories, however it has no height limitation on the building. There's where we come to a conflict in their proposal. The applicant is requesting a 3 story building which violates the OI District regulations. This would accommodate the lower level would have their educational facilities. The main level would be the fellowship hall and interim worship space and then the upper level would be their administrative offices. 16 City Council Meeting - August 27, 2001 This is located in the central portion of the site and all the future development would radiate out from this. Staff believes the granting of the one story variance is appropriate in this case to help them facilitate this project. They're also required to receive a 2 ½ foot height variance. Originally we, staff had assumed that this would be the focal point of the project. We have since been advised that there may be a potential for a larger building to come in. Rather than continue to have a variance request come in, we've suggested that we deny the variance for the height on this instance and allow them to come in in the future. This is a 57 acre site. While the 2 ½ foot variance may not be a lot on such a scale, we believe we didn't want to set a precedent with that. The overall issue with the project that we've discovered was a concern about traffic impacts on the neighborhood and Highway 41. As part of this review we requested that the applicant prepare a traffic study. The study showed that there's adequate capacity at Tanadoona Drive to accommodate the first phase of the development. However, any additional phases would require a second access point .... look at the extension of West 78th Street across this property to the properties to the west. Staff is recommending approval of the site plans with the building story variance. With that I'd be happy to answer any questions. Acting Mayor Labatt: Questions? Councilman Ayotte: With respect to the traffic studies and so on, are there plans to, and there was a concern by the community. Are the plans to discuss with the community the results of the traffic plans and what's intended to educate the neighbors? Kate Aanenson: Well I guess the intent of the traffic study was to demonstrate whether or not with the first phase of the building, whether Tanadoona can accommodate. Councilman Ayotte: Kate, a little louder. Kate Aanenson: Whether Tanadoona could accommodate the traffic. That was the intent of the traffic study with the first phase. It was always our belief, if they had the ultimate build-out that they would need a secondary access and certainly believe if we can get them to the light at West 78th, that's the best. Since that time there's been other movement to possibly develop property behind the church. That development would like to provide access out through this possible driveway. The church is only obligated to provide a driveway. They're not obligated to provide a public street. The property to the south would like to see a public street. I think at this point it appears that there may be some negotiations between the two parties that provide a public street, and that's the purpose of the feasibility study which we said was the correct mechanism to have that dialogue. So the feasibility study is being prepared. At that point the church and the developer will take a look at that and the City Council will decide if that makes sense. As West 78th Street comes to the termination right now at State Highway 41, it's 100 foot right-of-way. Certainly it doesn't need to be anything close to that as it goes between the church and the possible development to the south so we believe that we're moving in the right directions and all parties are working together for ultimate best circulation for the entire project, not only the church but development to the south of the church or... to the west. Councilman Ayotte: Once it comes to fruition though is there a point where we're going to have an opportunity for the community at large to understand what's going on? Kate Aanenson: Yes. 17 City Council Meeting - August 27, 2001 Teresa Burgess: The community at large has been involved in that petition drive and also the developer has done a good job of having both this developer and the other developer that is out there looking at the residential property, has done a good job of having informational meetings to discuss their proposals and what they plan to do and the traffic impacts of those. The traffic study is very clear and it does state very clearly what's going on. I have had a couple people come in and get copies of it to understand it. The proposal for the West 78th Street extension, that petition was signed by several of the property owners as well as the developer that is working out in that area and Westwood Community Church. Councilman Ayotte: So the answer's yes. Okay. Teresa Burgess: That's backwards Bob. Usually you take what I say and make it longer, not the other way around. Acting Mayor Labatt: Bob, any more questions? Councilman Ayotte: No. Acting Mayor Labatt: Gary? Councilman Boyle: No I haven't. Acting Mayor Labatt: Kate, or Teresa the question I have, Tanadoona will be used for the access to the site for construction. Teresa Burgess: Correct. Tanadoona is their, currently their only access to the site and they do have the legal right to use that for construction purposes. We are currently we are scheduled to tear out Tanadoona September 9th. We are keeping it open until that date to accommodate a car show that is taking place, a private car show at the Tanadoona Campfire Camp, but we are scheduled to tear that out and to build the by-pass and during that time we'll be laying the watermain and sanitary sewer that will serve not only Westwood Community Church but also the 3 properties that are currently on the mound system out on Tanadoona and Dogwood. Acting Mayor Labatt: Okay. So when that road is rebuilt it will be what, a 9 ton road then or? Teresa Burgess: When we rebuild that road it will be built to city standards. We don't generally do what the tonnage is on that but it will be designated a 9 ton road up to the property line. Past that property line it would only be a 7 ton road. Acting Mayor Labatt: To what property line? Teresa Burgess: The western property line of the Westwood Community Church. Acting Mayor Labatt: Okay. Kate Aanenson: Maybe I could just add one other thing to Teresa, that we are realigning with the project Teresa's talking about. The touch down point of Tanadoona at State Highway 41 so the sight line is much improved. 18 City Council Meeting - August 27, 2001 Acting Mayor Labatt: So they won't come out as a northerly angle, or northeast angle, it will come out more. Teresa Burgess: It will come out nearly 90 degrees with Highway 41. The reason we're doing that, and that was in cooperation with the Westwood, the church itself. When we realized that we were going to have to tear up the road for part of our project, and we knew that they were going to have to tear up the road for their project because that would have been a requirement of their development to realign that roadway, we had discussions with them and discussed that rather than do it twice, the city would realign the intersection on their behalf and they would pay the cost of that. So we do have an assessment agreement with Westwood for the realignment of that intersection to assist them with their development, rather than do it twice. Acting Mayor Labatt: So there is a cost sharing. Teresa Burgess: Correct. Well actually it's not really a cost share. Westwood did take up most of that cost. Acting Mayor Labatt: Okay. And in the report you discuss recommending, or not allowing the, creating the wetland. Raising the elevation. Kate Aanenson: Correct. Acting Mayor Labatt: With the water. Kate Aanenson: Yes. Acting Mayor Labatt: Can we just talk about that a little bit? I'm trying to find it in here again. Kate Aanenson: Sure. With this phase the only trees on the property are located in this area and. Acting Mayor Labatt: Can you just point out where? Kate Aanenson: The only trees on this portion of, there are trees on the southern, or as you get down towards Dogwood, there is a stand of trees but the only significant trees up in this area are on that site where the pond is and by increasing the water level you're going to take those trees out. It was staff's opinion and the Water Resource Coordinator's opinion that it'd be best to leave it in it's natural state. We worked with them. I think we've had some great discussions about they want it aesthetically pleasing and we think that we can accomplish that goal through some of the vegetation we plant to make it look nice as you look out from their buildings and I think we're in agreement on understanding what they would like to do with it and still stay within the framework of trying to keep it a wetland with some trees in it. Acting Mayor Labatt: Okay. And that just, the triangular piece to the east of the property, east property line, that was, that's a city part of the Puke project. Kate Aanenson: That's correct. And that will always remain trees. It's now been dedicated to the city of Chanhassen, that's correct. Councilman Boyle: And where is that piece? 19 City Council Meeting - August 27, 2001 Kate Aanenson: There is a wetland in the, right there. That was being put in as part of the Pulte replacement. There was a drainage ditch through there and some of our project is also improving that project. Teresa Burgess: We, as part of our BC-7 & 8 utility extension do have to do some wetland mitigation and so if you can see in that grading area, we are expanding the size of the wetland that is on that triangular piece and have an easement with the Westwood property for expansion of that wetland onto their property to accommodate the wetland impacts of our project. Kate Aanenson: But that would be all in the city of Chanhassen's property. The rest of that, and all the trees would remain as is then on the rest of that portion south. Acting Mayor Labatt: Of the triangular. Kate Aanenson: Of the trail, right. Of that first part, yeah. Acting Mayor Labatt: Okay. That's all I had. We'll open this up for comments from Westwood. John Justus: Thank you. My name's John Justus. I'm an architect with Hammel-Green-Abrahamson and my address is 701 Washington Avenue North in Minneapolis. And I'll be the spokesperson for tonight. I'd like to introduce a few people that are with our group or with the church and with our team. I'm an architect. We've got Bruce Chamberlain who's a landscape architect. Ed Tirhar who is our traffic engineer, consultant with Benshoof. And we've got the Chairperson of the committee and some other church committee members here and I'd just like to introduce Pastor Joel Johnson. He'd just like to bring a greeting, if he could. Acting Mayor Labatt: Sure. Joel Johnson: Joel Johnson. I live at 1806 Valley Ridge Trail North in Chanhassen and I just want to say that we're glad to be here after our very long journey. Some of you know our history. We came out here Easter of 1995. Met in the Chanhassen Dinner Theater in the Fireside Theater to begin with and then eventually into the main Dinner Theater. And then in December of 1997 we went to the High School and we've had a very cooperative working relationship. They've been gracious to let us stay there but very clear that we need to move on and it's great to be at this point where we can finally do that. We've given our focus to building people and we want to continue to do that but we also look forward to our own buildings that will serve as our future home so glad to be here. Acting Mayor Labatt: Thanks Joel. John Justus: I'll be very brief. I think you have a very good understanding of our submission and we'll be pleased to answer any questions you might have after my brief presentation. I just want to say something about Westwood. I've had a chance to work with a lot of church groups and I just want to compliment them because as they came to us and asked us to be engaged with them, they asked us to make sure that this building made a contribution to their community and I thought that was really a great comment of their's, and they really want to fit in to Chanhassen so I just, that kind of drove the architectural concept, just their attitude. And I want to first talk about the design of the master plan ifI could, and we were aware and cognizant of the fact that there's kind of a rural character that begins at the area west of 20 City Council Meeting - August 27, 2001 Highway 41. It's a beautiful rural environment and it seems like suburbia's encroaching up until Highway 41, but west of there it's still is a wonderful environment. And so we were concerned about how to integrate a master plan and a building design into this area. We were also aware of the fact that there are 4 large parcels of property starting with Minnewashta Park, Camp Tanadoona, this large parcel which is 57 acres and the beautiful Landscape Arboretum. So we wanted to make sure that there was an integration or kind of a visual linkage between those. That we preserve as best we could that character. The master plan is therefore organized in an informal way. And in so doing we felt that we had greater harmony with the land and have a greater balance and integration with it. The structures, we took the program which is described in your master plan drawings, they took that program and broke it down into 4 buildings. We wanted to create, kind of break down the scale of it so that it wasn't one large building, but we broke it down as best we could. And that's demonstrated in this drawing that you should be able to see here. This is the Phase I building in the middle as Bob said, and in the future there will be a student building here for probably junior high and up. And then this becomes, this yellow circle is a diagram of what I call the heart of the campus. It's a gathering or social space. But then the buildings to the southwest would be the future home of the worship space. The first phase building, as Bob said, is an interim worship space which will eventually be the fellowship hall. And eventually then the worship space will be built in this kind of chain of buildings at the southwest end. We also wanted to take the parking and break it up into about 6 different areas. The Phase I parking is the gray you see. There's two distinctive lots and we tried to learn from the orchard forms along Highway 5. That as you drive about in that direction it's nice where these orchards sit upon the land. We thought it'd be nice if we organized the parking areas in very similar fashion and I just want to commend the landscape architecture, the design of the parking lots. These are going to be very, very good parking lots. I think they're terraced. They have large landscape areas between each bay of parking. We're very proud of the way they're designed. So in Phase I there are two parking lots, about 500 cars total. In the future there are additional parking areas that are spread around the site for a total of 6 parking areas and they're, we call them geometric kind of car parks or orchard parks organized on the site. We purposefully did not build the buildings at the high point of the site. A lot of times when you drive around rural countryside you see churches are set up on the high point and it was our intent to slide the buildings down from the high points. They didn't sit up like a white church on a hill but again they harmonized with the land. And so the high point is at elevation 1037 and we set the buildings and the main floor down at 1007, so about 30 feet down the hill. And then we also developed in the architectural form, we made sure that there were like a walkout architecture so that it integrated, again slid it into the hill to more easily integrate into the site. I'm going to show you the, I think Bob had up here is the sketches. These are elevation drawings describing the architecture and I'll just spend a moment on that. The buildings are designed to integrate with nature and the natural features of the site. Phase I, and it will set the partie for the rest of the master plan, but Phase I, the idea is to kind of recall the historic architecture. We're going to call it park architecture and if you've all been to national parks or to state parks and there's kind of a humble simplicity to buildings. They utilize very simple forms and also they utilize very natural materials. And we wanted the buildings to grow out of the site and so what we did is developed a strong stone base to the buildings so they come out of the earth and then we developed a lights and band of windows that's almost all glass from the top of the base to the underside of the roof. There's a glass band so the roof kind of floats upon the site and upon the building. And the buildings are quite simple in their use and I'll just finish up by showing the two sketches that we prepared. This is the top view is, well let's start with the bottom view. The bottom view is a little, from a further off from the east and you see the wetland that was talked about on left on the right hand side. So this would be essentially the view from 41. And you can see the stone base, the simple roof structure that floats upon it, and then the top view is as you come in the churches driveway, off of Tanadoona, you can see that the building is 2 stories towards the parking lot or towards the residents that are existing and it's 3 stories on the wetland side of the site. You can see the way it steps down the site. I'm not going to throw these at you but these stones are part of the 21 City Council Meeting - August 27, 2001 base. This is the character of the base of the building. The stone work here and the middle of the building is primarily glass and there will be some bronze colored aluminum frames. The wood on the left represents some of the trim detail to the building, and the stone to the right here, I mean the wood to the right here represents some of the structure that you'll be seeing. And then up in the left hand comer we're hoping to have a wood shingle roof, but we must also consider an asphalt shingle which would be in character with the wood shingles as best we could, just because of some of the cost considerations that may have to be considered so. This is a general palate of the building. Natural materials, natural colors. That's the extent of what I wanted to share with you and we are welcome your questions and we'll try to make sure we have the experts to answer them. Thank you very much. Acting Mayor Labatt: Any questions for Mr. Justus? Councilman Boyle: I don't have anything. Acting Mayor Labatt: When are you going to determine whether you go with the shakes or the asphalt shingles? I realize that was an issue at the Planning Commission. Brought up there. John Justus: We are developing a design at this time and we're doing periodic cost estimates and what we were hoping to do is defer this decision until we had some more cost input for the project and we may need to carry that almost into the end where we have a series of alternates where wood shingles would be an added to alternate and the asphalt shingles perhaps would be a deductible or something like that, so we'd like to carry it for a while if we could. Councilman Boyle: I have a question. On the 3 story issue on the OI regulations, where do we go with that? What does that mean? Does that mean there cannot be a 3 story building? Bob Generous: That's essentially what the OI district would prescribe. That they don't have the third story. Councilman Boyle: And how do you feel about that? Or what's your course? Alternative or course of action. John Justus: Well what we want to do is impact the land in terms of footprint in as minimal way as possible. We have the component of the program with some staff offices and our idea was to integrate them into the roof and so there's an appearance of a 2 story building but the offices are kind of contained within this large roof area. You might even call it an attic area or something like that. So there's never an expression of a 3 story building in the sense you'd have story upon story but we've put it into the roof area. And I think that shows up in this sketch if I could. This is the office area is really contained within this space right here so it's part of the roof structure and you do see a 2 story gable end from the parking lot side, but from the side elevations the offices are tucked into this roof area. So that was our way to kind of mitigate that issue. And the footprint of the third floor is I think about, I'm going to guess 7,000 square feet so it's just probably 1/5 of the footprint. Does that help? Councilman Boyle: I think so. Thank you. Acting Mayor Labatt: What about sidewalks? At the Planning Commission the, one of the commissioners discussed the lack of sidewalks I believe in the parking area. And access from the parking to, or around the parking. 22 City Council Meeting - August 27, 2001 John Justus: One of the Planning Commissioners had a suggestion that we have a sidewalk through this particular landscaped area right here, and I don't know if you could come in on that. If it would be possible. Yeah, that might help. There's a way of getting through the parking area, through the middle and they just felt, that person felt like this area right here was far enough that people would tend to cut through so they suggest this is a sidewalk right here. And we're planning on doing that, it's just we haven't gotten to it yet but we'd be glad to do that. Acting Mayor Labatt: Okay. John Justus: That was it. Acting Mayor Labatt: I didn't realize it was just a short, little sidewalk. John Justus: Yeah. Maybe it's 20 or 30 feet. Acting Mayor Labatt: Okay. Any other questions of Mr. Justus? If not we'll open up to public comments. Okay at this time we'll open this up for public comments. Anybody wishing to address the council on this issue come on up. Nobody? Councilman Peterson: Motion to close public hearing. Acting Mayor Labatt: Okay, is there a second? Second to close the public hearing Gary? Councilman Boyle: Oh, second. Acting Mayor Labatt: Okay. The public hearing is closed. Councilman Boyle: I thought it was Bob's mm. Acting Mayor Labatt: Okay, we'll bring this back to council then. Any questions or comments from anybody? Councilman Peterson: My comments are pretty simple. I think it's a phenomenal project. I've watched it kind of grow up over time and I think the applicant and particularly staff and the Planning Commission has done an exceptional job of having created, as was mentioned earlier, an asset to the community. It clearly will be a physical asset, not to mention the spiritual side of it so it's just a wonderful space. I look at it and go, that's just neat. So I think it's a great one to start building. Acting Mayor Labatt: Bob. Councilman Ayotte: No comment. Councilman Boyle: I could echo some of Craig's comments. I think you did an excellent job, both the applicant and staff. My first reaction I have to admit was gee, why don't we get something in there that's going to produce revenue. But that's the old again, you look at the budget and you say gee, it'd be nice if we had the money but it's not really realistic. This is so much better. Excellent. 23 City Council Meeting - August 27, 2001 Acting Mayor Labatt: Okay. In the efforts of getting out early I would just echo your comments Craig and Gary and having known many members, Pastor Johnson of Westwood, it's going to be a pleasure to have them in our community. So Mr. Justus. John Justus: I just wanted to thank you very much for the kind comments and the church really appreciates them and it's been a pleasure working with your staff. And the Planning Commission was just outstanding. I've been in front of a lot of them, and they were just a great group. Very wonderful so thank you very much for your comments. Acting Mayor Labatt: Thank you for your comments. Councilman Boyle: Thank you. Acting Mayor Labatt: Okay, so I could have a motion and a second. Maybe I should have several to do. I'll direct you to the right page. We have actions, it starts on page number 16. Councilman Peterson: I'd recommend that the City Council adopt the following motions. That City Council approves Land Use Amendment from Residential-Low Density to Public/Semi-Public based on the findings in the staff report and contingent upon the Metropolitan Council review and approval. City Council approves rezoning of the property from Rural Residential, RR to Office and Institutional, OI based upon the findings in the staff report. I also recommend that the City Council approves Site Plan #2001-10 plans prepared by Hammel, Green and Abrahamson Inc. dated July 6, 2001 with a one story variance from the office institutional district regulations based upon the findings in the staff report subject to the following conditions, 1 through 37. Acting Mayor Labatt: Okay, so we have a motion. Roger Knutson: Do you want to go on the Wetland Alteration Permit? Councilman Peterson: Yeah, I'll go on. And I also recommend the approval to Wetland Alteration Permit to alter and fill 32,315 square feet (0.74 acres) of wetlands subject to conditions 1 through 12. Acting Mayor Labatt: Okay. So we have 4 motions. I just need one second. Councilman Boyle: Second to all of them. Resolution #2001-57: Councilman Peterson moved, Councilman Boyle seconded that the City Council approves a Land Use Amendment from Residential-Low Density to Public/Semi-Public based upon the findings in the staff report and contingent upon the Metropolitan Council review and approval. All voted in favor and the motion carried unanimously 4 to 0. Councilman Peterson moved, Councilman Boyle seconded that the City Council approves the rezoning of the property from Rural Residential, RR to Office and Institutional, OI based upon the findings in the staff report. All voted in favor and the motion carried unanimously 4 to 0. Councilman Peterson moved, Councilman Boyle seconded that the City Council approves Site Plan #2001-10, plans prepared by Hammel, Green and Abrahamson, lnc., dated July 6, 2001, with a one 24 City Council Meeting - August 27, 2001 story variance from the Office and Institutional District regulations based on the findings in the staff report and subject to the following conditions: 1. The applicant shall enter into a site plan agreement with the city and provide the necessary security to guarantee erosion control, site restoration and landscaping. 2. The proposed culverts under the southern road embankment shall be installed at grade. 3. All proposed vegetated, depressed areas within the parking lots shall be maintained on a regular basis to remove sand and sediment. Regular maintenance shall keep the area aesthetically pleasing and functioning properly. 4. Drainage and utility easements shall be provided over all existing wetlands, wetland mitigation areas, buffer areas used for mitigation credit and storm water ponds. An easement for access purposes is also required for future maintenance of the wetlands. 5. All upland areas disturbed as a result of construction activities shall be immediately restored with seed and disc-mulched, covered with a wood-fiber blanket or sodded within two weeks of completion of each activity in accordance with the City's Best Management Practice Handbook. 6. The applicant shall apply for and obtain permits from the appropriate regulatory agencies, e.g. Minnehaha Creek Watershed District, Minnesota Pollution Control Agency, Minnesota Department of Natural Resources and Army Corps of Engineers and comply with their conditions of approval. 7. No burning allowed, trees removed need to be chipped or hauled off. 8. Tree protection fencing shall be installed prior to site grading. 9. All signs shall require a separate sign permit. 10. Include the south and north parts of the site in a minimum 50 scale drawing. 11. Add the benchmark to the plans that was used for the site survey. 12. Show the NWL and HWL of the proposed ponds on the plans. 13. Add all existing and proposed easements to the grading plan. Also, show the storm sewer on the grading plan. 14. Define all of the different line types and symbols in the legend on the plans. 15. For all proposed and existing utilities, show the pipe type, slope, manhole rim and invert elevations. Also, call out all watermain tees, bends, etc. 16. Add a detail sheet to the plan set, using all applicable city of Chanhassen detail plates. 17. Show a proposed concrete driveway apron at the entrance off of Tanadoona. 25 City Council Meeting - August 27, 2001 18. Should earthwork quantities not balance on site and materials need to be imported or exported from the site, the developer will need to supply the city with a detailed haul route for review and approval by staff. In addition, if material is proposed to be exported to another location in Chanhassen, if should be noted that the properties would be required to obtain an earthwork permit from the City. 19. All areas disturbed as a result of construction related activity must be sodded and/or seeded and disc mulched within two weeks of disturbance. 20. Both storm water ponds must be designed to National Urban Runoff Program (NURP) water quality standards and provide rate control that meets the pre-developed conditions for a 10 year and 100 year, 24 hour storm event. Staff has received drainage calculations for rate control of the ponds but water quality calculations are still required. 21. Prior to building permit approval, storm sewer design calculations will need to be submitted. The storm sewer will have to be designed for a 10 year, 24 hour storm event. 22. Show all erosion control on the grading plan. In addition, silt fence should be added along the south property line at the edge of the grading limits. All sift fence adjacent to ponds, creeks, wetlands, etc must be Type III heavy-duty fence. Add a wood fiber blanket over the steep slopes on each side of the proposed building. A rock construction entrance must also be added at the access drive to the site. All silt fence shall be removed upon completion of construction. 23. All of the utility lines within the development will be considered private and will require permits and inspections through the City's Building Department. 24. Prior to any development after Phase I, a second access point to the site is required at the intersection of Trunk Highway 41 and West 78th Street. 25. The building is required to have an automatic fire extinguishing system. 26. The building must be of Type I, II-F.R., II one-hour, III one-hour or Type IV construction. 27. The building plans must be prepared and signed by design professionals licensed in the State of Minnesota. 28. Detailed construction and occupancy related requirements cannot be reviewed until complete plans are submitted. 29. The owner and/or their representatives shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. 30. A 10-foot clear space must be maintained around fire hydrants, i.e. street lamps, trees, shrubs, bushes, Xcel Energy, Qwest, Cable TV and transformer boxes. This is to ensure that the fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1. 26 City Council Meeting - August 27, 2001 31. Fire lane signs and yellow curbing will be required. Contact Chanhassen Fire Marshal for exact curbs to be painted and exact location of fire lane signs. Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #6-1991 and Section 904-1 1997 Minnesota Uniform Fire Code. 32. Required access. Per 1997 Uniform Fire Code Section 902.2.1 fire apparatus access roads shall be provided in accordance with Section 901 and 902.2 for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction when any portion of the facility or any portion of an exterior wall of the first story of the building is located more than 150 feet from fire apparatus access as measured by an approved route around the exterior of the building or facility. See also Section 902.3 for personnel access to the building. Exception # 1. When buildings are completely protected with an approved automatic fire sprinkler system the provisions of Section 902.2.1 and 902.2.2 may be modified by the chief. Exception #2. When access roads cannot be installed due to location on property, topography, waterways, non- negotiable grades or other similar conditions, the chief is authorized to require additional fire protection as specified in Section 1001.9. Summary: because of the topography and non- negotiable grades and wetland alterations, in lieu of fire apparatus access roads, the fire department will allow the site plan as submitted with the addition of the fire department standpipes to be located in areas so designated by the fire department. These fire department standpipes will be equipped with 2 ½ inch outlets. The fire sprinkler contractors bidding the project should be made aware of the fact that standpipes will be required even though the fire code does not require standpipes. The architect must contact the Chanhassen Fire Marshal for the number of and locations for the standpipes. 33. When fire protection, including fire apparatus access roads and water supplies for fire protection is required to be installed, such protection shall be installed and made serviceable to and during the time of construction. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with the surface so as to provide all weather driving capabilities. Pursuant to Section 902.2.2.2 1997 Uniform Fire Code. This access road shall be made serviceable and maintained prior to construction. Submit plans for road design to the City Engineer and Chanhassen Fire Marshal for review and approval prior to permit being signed by the Fire Marshal. 34. The fire hydrant shown on page C-501 will need to be re-located a short distance. Contact Chanhassen Fire Marshal for exact re-location of hydrant. 35. The developer will be responsible for a portion of the cost of the future traffic signal at the intersection of Trunk Highway 41 and West 78th Street. 36. The City may require the applicant to provide alternate traffic demand strategies e.g. carpooling, scheduling, traffic, police, shuttle, etc. (This shall include coordinating activities with the adjacent uses including Camp Tanadoona and the Minnesota Landscape Arboretum.) 37. The applicant shall consider improving pedestrian movement by adding sidewalks on the southeast islands of the western parking lot. And adding sidewalks north of the turf area further to the east to connect with the mowed trail. All voted in favor and the motion carried unanimously 4 to 0. 27 City Council Meeting - August 27, 2001 Councilman Peterson moved, Councilman Boyle seconded that the City Council approves Wetland Alteration Permit to alter and fill 32,315 square feet (0.74 acres) of wetlands subject to the following conditions: 1. All applicable plan sheets shall be modified to incorporate the revised wetland boundary. Wetland replacement shall occur in a manner consistent with the Minnesota Wetland Conservation Act (MR 8420). The applicant shall submit a complete wetland replacement plan that includes a wetland monitoring plan. 3. The City shall approve a wetland replacement plan prior to any wetland impact occurring. The applicant shall provide proof of recording of a Declaration of Restrictions and Covenants for Replacement Wetland. A wetland buffer 0 to 20 feet in width (with a minimum average of 10 feet) shall be maintained around all existing and proposed wetlands. (Those buffers proposed to be counted as PVC shall maintain a minimum width of 16.5 feet). Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant shall install wetland buffer edge signs, under the direction of city staff, before construction begins and shall pay the City $20 per sign. 7. All structures shall maintain a 40 foot setback from the edge of the wetland buffer. 8. The proposed culverts under the southern road embankment shall be installed at grade. Drainage and utility easements shall be provided over all existing wetlands, wetland mitigation areas, buffer areas used for mitigation credit ad storm water ponds. 10. Type III sift fence shall be provided adjacent to all wetland fill areas, areas to be preserved as buffer, or if no buffer is to be preserved, at the delineated wetland edge. 11. Any disturbed wetland areas shall be reseeded with MnDot seed mix 25A or a similar seed mix that is approved for wetland soil conditions. 12. The applicant shall apply for and obtain permits from the appropriate regulatory agencies, e.g. Minnehaha Creek Watershed District, Minnesota Pollution Control Agency, Minnesota Department of Natural Resources and Army Corps of Engineers and comply with their conditions of approval. All voted in favor and the motion carried unanimously 4 to 0. COUNCIL PRESENTATIONS: COUNCIL/COMMISSION LIAISON UPDATE. Councilman Ayotte: We got 2 new commissioners on the Environmental. 28 City Council Meeting - August 27, 2001 Acting Mayor Labatt: I will say that Ms. Henkens from the Environmental Commission, we had a neighborhood block party in our neighborhood and she was there with an environmental display. Composting information. It was kind of neat to see her there with that stuff. So that's from the Environmental Commission. Councilman Boyle: I've got Senior Commission and no update. Acting Mayor Labatt: Craig, you're off and Park and Rec was cancelled so that's it from me. Mr. City Manager. ADMINISTRATIVE PRESENTATIONS. Todd Gerhardt: The only update I had for you is that we'll be on the vacation the rest of the week. Acting Mayor Labatt: Wait a minute, wait a minute. Didn't you put a clause in that employment agreement? Todd Gerhardt: Is this a great job or what? So if you have any questions or concerns please call Bruce. He knows how to get a hold of me. He's going to be in charge this week while I'm gone and that's all I have. I did put information in the administration section. If you have any questions give me a call. Councilman Ayotte: I'll call tomorrow but the generator thing on Lotus, any movement on that thing? Todd Gerhardt: Yes. The generator, we do have a temporary construction easement. We have clear cut some of the trees to get the generator back there. We are taking quotes from the electrical contractors. We hope within the next couple of weeks to have that wired. Councilman Ayotte: Good, thanks. Acting Mayor Labatt: Nothing else? Bob Generous: Mr. Mayor, ifI may a point of clarification. On the motion for the church's site plan there were, in the staff report we have the 2 ½, or the one story height variance and there's also a 2 ½ foot height variance... (There was a tape change at this point in the discussion.) Acting Mayor Labatt: Boy, if nothing else, Todd congratulations on your appointment again. Todd Gerhardt: Thank you. Acting Mayor Labatt: It will be a pleasure to work with you. Councilman Boyle: And have a nice vacation. Councilman Peterson: Bring some cake with you. Councilman Ayotte: I'm not going to hear the end of that. I asked you guys. 29 City Council Meeting - August 27, 2001 Acting Mayor Labatt: Okay, can I have a motion to adjourn. Councilman Peterson moved, Councilman Ayotte seconded to adjourn the City Council meeting. voted in favor and the motion carried. The meeting was adjourned at 8:30 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim All 30