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SUM 2003 06 09CHANHASSEN CITY COUNCIL REGULAR MEETING SUMMARY MINUTES JUNE 9, 2003 Mayor Furlong called the meeting to order at 7:20 p.m. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilman Labatt, Councilman Ayotte, Councilman Lundquist, and Councilman Peterson STAFF PRESENT: Todd Gerhardt, Justin Miller, Roger Knutson, Kate Aanenson, Bob Generous, Todd Hoffman, Teresa Burgess, Matt Saam, and Bruce DeJong PUBLIC PRESENT FOR ALL ITEMS: Jerry & Janet Paulsen Debbie Lloyd Judy Christensen Uli Sacchet Jim Bohn Alex Shaine Melissa Gilman 7305 Laredo Drive 7302 Laredo Drive 7100 Utica Lane Planning Commission EDA Lakeshore Weekly News Chanhassen Villager PUBLIC ANNOUNCEMENTS: RECOGNITION OF BOKOO BIKES FOR TRAIL MAP PARTNERSHIP. Ed Vigil from Bokoo Bikes was presented with a framed edition of the Chanhassen Parks and Recreation Guide for the City of Chanhassen, which Bokoo Bikes contributed $5,000. CONSENT AGENDA: Councilman Peterson moved, Councilman Lundquist seconded to approve the following consent agenda items pursuant to the city manager's recommendations: b. Approval of Preliminary and Final plat to Replat Two Lots into Three Single Family Lots with Variances, 185 Pleasant View Road and 6430 Pleasant View Lane, Schroeder Addition, Larry & Doug Schroeder and Linda Peterson. Co Approval of Minutes: -Verbatim City Council Minutes dated May 12, 2003 -City Council Executive Session Minutes dated May 27, 2003 -City Council Work Session Minutes dated May 27, 2003 -Verbatim City Council Minutes dated May 27, 2003 Receive Commission Minutes: - Verbatim Planning Commission Minutes dated May 20, 2003 do Approval of Stipulation of Settlement and Order for Judgment, Tax Increment Financing District 2-1. All voted in favor and the motion carried unanimously with a vote of 5 to 0. City Council Summary Minutes - June 9, 2003 VISITOR PRESENTATIONS. Judy Christensen introduced herself as a Chanhassen resident on the District 112 referendum task force and stated that she was going to be interested in hearing the position of the City Council as it relates to the referendum and siting a middle school or high school in the City of Chanhassen. REQUEST FOR INTERIM USE PERMIT TO BRING IN FILL IN EXCESS OF 1~000 CUBIC YARDS~ 6421 DISTRICT 276. Public Present: HAZELTINE BOULEVARD~ Name Address MINNETONKA SCHOOL Mike Remington Mike Condon Inspec, Inc. Minnetonka Schools Matt Saam presented the staff report on this item, highlighting the new drive aisle for buses and cars, new parking arrangement, and the addition on a drainage pond on the site. Councilman Ayotte asked for clarification on mosquito control in the pond. Mike Condon, the Building and Grounds Supervisor for Minnetonka Schools stated that the school district currently works with Minnesota Mosquito Control on all their sites in Minnetonka and would be happy to allow them to land on their property in Chanhassen for mosquito control. Councilman Lundquist felt this was a good opportunity to add a condition of approval that the Minnetonka School District lead a reasonable effort to resolve the drainage and trash issues brought forth by the Mancino' s, aided by Chanhassen city staff as necessary. Councilman Peterson agreed with the additional conditions being proposed. Councilman Labatt stated his opposition to last minute additions. Mike Remington, the Senior Project Engineer with Inspec expressed concern with the limited hours for hauling operations from 8:30 a.m. to 3:30 p.m. and asked that the council reconsider that item. Uli Sacchet, Chairman of the Planning Commission, affirmed that the Planning Commission had pretty strong consensus about the safety and traffic issues involved with trucks hauling during rush hour. After discussion and amendments to the motion, the following motion was made and voted on. Councilman Ayotte moved, Councilman Peterson seconded to approve Interim Use Permit g03-02 with the following conditions: The applicant shall provide the City with a cash escrow or letter of credit in the amount of $8,400 to guarantee erosion control measures and site restoration and compliance with the interim use permit. The applicant must also pay the City an administration fee of $296 prior to the City signing the permit. , Storm sewer sizing calculations will have to be provided for a 10 year, 24 hour storm event. 3. The applicant must provide a proposed haul route for review and approval. , If excess material will be hauled to another site in Chanhassen, a separate grading permit will be required for the other property. City Council Summary Minutes - June 9, 2003 . , . 10. 11. 12. 13. 14. 15. 16. 17. 18. All disturbed areas as a result of construction are required to be reseeded and mulched within two weeks of site grading. A rock construction entrance must be installed at the beginning of the driveway construction. Add a four foot high chain link fence to the west side of the proposed bituminous path along the entire length of the pond. The applicant shall obtain and comply with all permit requirements of the Watershed District and MnDot, if applicable. The applicant shall supply the City with a mylar as-built survey prepared by a professional engineer upon completion of excavation to verify the grading plan has been performed in compliance with the proposed plan. A stockpile must be provided for the topsoil which will be re-spread on the site as soon as the excavation is completed. Top soiling and disk mulch seeding shah be implemented immediately following the completion of excavated areas. Noise levels stemming from the operation are not to exceed MPCA and EPA regulations. If the city determines that there is a problem warranting such tests shall be paid for by the applicant. Hours of operation and hauling operations are limited to 7:00 a.m. to 6:00 p.m. Monday through Friday, 9:00 a.m. to 5:00 p.m. Saturdays, and prohibited on Sundays and national holidays. If the City Engineer determines that traffic conflicts result due to rush hour traffic flows, the hours of operation will be appropriately restricted. The applicant shall be responsible for any and all road damage sustained from the truck hauling and construction activities. In addition, if any dirt or debris is tracked onto Highway 41, the applicant will be required to sweep the road as necessary. Use the City's standard outlet control structure for the pond outlet, as per City Detail Plate //3109. Also, add the other following Detail Plates to the plans: 5300 & 5301. Show the NWL and HWL of the proposed pond. Show the proposed grading for the new bituminous path for the entire distance to Melody Hill Road. Revise the drive aisle widths of the eastern parking lot to be 26 feet in width, as per city code. Building Official conditions: a. The plans must be signed by a professional engineer licensed in the State of Minnesota. b. Provide plans and details of the accessible parking space signage for review. c. A plumbing permit must be obtained before beginning work on the site utilities. City Council Summary Minutes - June 9, 2003 19. The applicant shall verify the hawthorns planted on the south side of the parking lot have adequate growing space and protection if planted within the sidewalk. The applicant shall make the minimum inside width of all landscape islands 10 feet. An on-site water truck is required for daily dust control. 22. Minnetonka School District 276 introduce a mosquito control plan that would be acceptable to both the school and what the city staff recommends, based on what's an acceptable norm. 23. The Minnetonka School District lead a reasonable effort to resolve the drainage and trash issues brought forth by the Mancino' s, aided by Chanhassen city staff as necessary. All voted in favor and the motion carried unanimously with a vote of 5 to 0. REQUEST FOR LAKESHORE AND SIDE YARD SETBACKS~ LOT AREA WIDTH AND HARD SURFACE COVERAGE VARIANCES~ 9221 LAKE RILEY BOULEVARD~ TOM AND SUE SUTER. Public Present: Name Address 20. 21. Jim Hamilton Tom and Sue Suter 9225 Lake Riley Boulevard 9221 Lake Riley Boulevard Kate Aanenson presented the staff report and highlighted the changes that had been made to the plan since the Planning Commission meeting. Tom Suter went over a handout he prepared providing a summary of the variance approval process they went through and highlighting the chain of events and the actions taken in order to meet the recommendations and the suggestions of the Planning Commission as well as staff. In an effort to educate the neighbors and anybody else who is interested, the Suter's plan to hold seminars or use their home and lakescaping as a model for demonstrations. There was discussion around the flexibility of design elements on the west side and what was legally acceptable. The following wording was decided to be added to the conditions, to allow encroachments on the west wall of the residence of non-foundation items such as dormers, bay windows, wing walls of up to one foot or 12 inches beyond the eaves. Councilman Labatt moved, Councilman Peterson seconded that the City Council approve Variance g2003-7 for a 13,535 square foot variance from the 20,000 square foot minimum lot size; 55 foot variance from the minimum 90 foot lot width requirement; a 38 foot variance from the 90 foot lake shore width; a 6'$" foot variance from the 10 foot west side yard setback, for the first 11.5 feet of the house only then reducing the setback to 5 feet for the eaves; a 4-5 foot variance from the 10 foot east side yard setback; and an 18 foot variance from the 75 foot shoreland setback for the reconstruction of a single family home on an existing 6,465 square foot lot based upon the findings in the staff report and based upon the following conditions: A building permit must be applied for within one year of approval of the variance or the variance shall become null and void. City Council Summary Minutes -June 9, 2003 2. The submitted survey shall be signed by a licensed surveyor, engineer, or landscape architect and shall include: a north arrow; show a 12 inch or greater trees on the site and along the neighboring property lines; and the existing shed to the east. 3. No grading within 37.5 feet of the Ordinary High Water elevation. Type III silt fence must be provided during demolition and during construction on the lake side. Type I silt fence shall be installed along the side property lines. Silt fence shall be removed when the construction is complete and the site has been revegetated. 4. As part of the building permit submittal, a grading, drainage and erosion control plan must be prepared for city review and approval. 5. The applicant shall use all reasonable means to protect and save the trees along the western property line. Tree protection fencing shall be installed prior to site grading. A landscape plan must be prepared for city review. 6. Develop and install a landscape and lakescape plan. 7. Encroachments on the west side of the residence of non-foundation items, i.e. dormers, bay windows, wing walls, of up to 12 inches beyond the eaves will be acceptable. All voted in favor and the motion carried unanimously with a vote of 5 to 0. REQUEST FOR INTERIM USE PERMIT TO BRING IN FILL IN EXCESS OF 1~000 CUBIC YARDS~ 1916 CRESTVIEW CIRCLE~ BRIAN CARNEY. Matt Saam presented the staff report on this item, highlighting what action has occurred since the Planning Commission meeting. There were three main issues or concerns that were raised at Planning Commission. Those were the location of the access point or driveway to the site. Whether it came off of Crestview or Galpin. The second would be sight distance. Existing sight distance on Galpin Boulevard. And lastly the safety of the proposed driveway. Councilman Peterson expressed concern over the size of the culvert and it's ability to handle a 100 year rain event. Mayor Furlong has concern over the amount of woods and wetlands being filled. Councilman Labatt asked if the applicant had submitted a haul route, or if it was included in the conditions. He suggested adding a condition relating to dust control and clean-up of the streets of all dirt and debris as a result of the hauling. Brian Carney, the applicant, explained about the size and flow of the creek. Councilman Labatt moved, Councilman Peterson seconded that the City Council approve Interim Use Permit 903-1, subject to the following conditions: The applicant shall provide the City with a cash escrow or letter of credit in the amount of $5,000 to guarantee erosion control measures and site restoration and compliance with the Interim Use Permit. 2. Culvert sizing calculations will have to be provided for a 100 year, 24 hour storm event. 3. The applicant must provide a proposed haul route for review and approval. . If fill is coming from another site in Chanhassen, a separate grading permit will be required for the other property. City Council Summary Minutes - June 9, 2003 o , , o 10. 11. 12. 13. 14. 15. 16. 17. All disturbed areas as a result of construction are required to be reseeded and mulched within two weeks of site grading. The applicant shall pay the City an administration fee of $208 prior to the City signing the permit. An erosion control blanket must be installed on the south side of the driveway slope. Add the benchmark to the plan that was used for the site survey. Comply with the Carver County conditions of approval letter dated April 11, 2002 for a driveway access permit to the site. The applicant shall obtain and comply with all permit requirements of the Watershed District. The applicant shall supply the City with a mylar as-built survey prepared by a professional engineer upon completion of excavation to verify the grading plan has been performed in compliance with the proposed plan. A stockpile must be provided for the topsoil which will be re-spread on the site as soon as the excavation is completed. Topsoiling and disc mulch seeding shall be implemented immediately following the completion of excavated areas. Noise levels stemming from the operation are not to exceed MnPCA and EPA regulations. If the city determines that there is a problem warranting such tests shall be paid by the applicant. Hours of operation are limited to 7:00 a.m. to 6:00 p.m., Monday through Saturday and prohibited on national holidays. If the City Engineer determines that traffic conflicts result due to rush hour traffic flows, the hours of operation will be appropriately restricted. The applicant shall be responsible for any and all road damage sustained from the truck hauling and construction activities. The applicant shall construct and maintain a rock gravel construction access to the site. Access to the site shall be restricted to this access point only. Building Official conditions: a, co do The retaining walls must be designed by a professional engineer. Soil and compaction testing is required on the proposed building site if any fill will be placed there, the results must be submitted to the Inspections Division before building permits will be issued. If city sewer service is not available to the property, two (2) acceptable on-site sewage treatment sites must be located by a licensed professional and the information must be submitted to the Inspections Division. The sites must be marked and protected to prevent damage from the grading activity. The address for the property shall be 6591 Galpin Boulevard. City Council Summary Minutes - June 9, 2003 18. The applicant shall plant a minimum of five trees and shrubs and 20 shrubs on the slopes of the proposed drive to help minimize mn-off and improve erosion control. The tree species shall be deciduous and a minimum 1 inch diameter for the trees. Shrubs shall be at least 2 feet high when planted. Proposed planting sites and species selection shall be approved by the city prior to planting. 19. Grading will be revised near the garage and house pad to minimize the slope. 20. The driveway will be revised to have a maximum 2 percent for the first 15 feet directly adjacent to Galpin. 21. Submit fill material types and borrow sources to the city for approval. 22. Add a turn around to the driveway. 23. Submit an as-built survey to the city upon completion. 24. The applicant will work with staff on the installation of a barrier along the north and south side of the driveway. 25. The driveway shall line up with the driveway on the opposite side of Galpin Boulevard. 26. If any dirt or debris is tracked onto Lake Lucy or any residential streets, including Galpin Boulevard, the applicant will be required to sweep the road as necessary. All voted in favor and the motion carried unanimously with a vote of 5 to 0. REQUEST FOR COMPREHENSIVE PLAN LAND USE MAP AMENDMENT FROM OFFICE-INDUSTRIAL TO RESIDENTIAL MEDIUM DENSITY; REQUEST FOR CONCEPT PLANNED UNIT DEVELOPMENT APPROVAL FOR A 427 UNIT TOWNHOME PROJECT ON 94.8 ACRES, LOCATED SOUTH OF THE TWIN CITIES AND WESTERN RAILROAD~ EAST OF LYMAN BOULEVARD AND WEST OF BLUFF CREEK; TOLLEFSON DEVELOPMENT AND CHARLES MATTSON. Bob Generous presented the staff report on this item and stated that staff was recommending denial of the land use map amendment and denial of the concept PUD. Jason Osberg from Tollefson Development presented the developer's case for the land use amendment and the request for the townhome development on the property as opposed to office industrial development. Councilman Ayotte and Mayor Furlong asked staff to clarify issues brought up by the applicant, such as tax implications and grading. Charles Mattson, the owner of the property talked about his desire to see his property developed, and he did not believe it would be developed industrial in the near future. Carl Tollefson disputed the information brought up by staff on the cost of services versus revenue for residential and industrial land, saying that the report was too old and not relevant in today's market of townhomes. During council discussion, Councilman Labatt stated he did not want to change from the comprehensive plan guiding because that's what the residents in Stone Creek and Valley Ridge thought they were buying next to when they bought their properties. Councilman Ayotte felt the development was premature and preferred to wait a little bit longer to see the impacts of Highway 212. Councilman Lundquist was in favor of the proposal. He though it made a good transition and liked the City Council Summary Minutes - June 9, 2003 financial implications. Councilman Peterson and Mayor Furlong both felt the development was premature and wanted to wait to see the results of the 2005 MUSA area study. Councilman Labatt moved, Councilman Ayotte seconded to deny the Lane Use Map Amendment g2003-2 from Office/Industrial to Residential-Medium Density based on the following findings: The proposed land use amendment has been considered in relation to the specific policies and provisions of the comprehensive plan and has been found to be inconsistent with the official City Comprehensive Plan. City land use goals and policies require that the city maintain an appropriate balance of land uses, preserve a tax base mix and create new employment opportunities. The city needs to preserve industrial land for development since only 8.3 percent of the land is guided for office/industrial uses. The proposed land use amendment represents a reduction of 7.6 percent of the industrial acreage in the community. This 7.6 of industrial land use equals an estimated 16 percent of future industrial development and future industrial tax base. The proposed land use amendment will be incompatible with the present and future land uses of the area. Industrial development exists and is planned to the south and west of this property. The noise from the substation located in the southern part of the site is incompatible with residential development. Noises, traffic and smells from the industrial development conflict with any residential development in this location. All voted in favor, except Councilman Lundquist who opposed, and the motion carried with a vote of 4 to 1. Councilman Labatt moved, Councilman Ayotte seconded that the City Council denies the concept Planned Unit Development g2003-1 for a townhouse development based upon the following findings: Development must be consistent with the Comprehensive Plan. The proposed development is inconsistent with the comprehensive plan designation of the property for office/industrial uses. The proposed development does not conform to all performance standards contained in the Zoning Ordinance for office and industrial development. The development of the site for residential townhouses does not preserve the bluff area as required by the bluff protection ordinance, nor adequately preserve the Bluff Creek Corridor. All voted in favor, except Councilman Lundquist who opposed, and the motion carried with a vote of 4 to 1. APPROVAL OF KEY FINANCIAL STRATEGIES~ JIM PROSSER~ EHLERS AND ASOCIATES. Jim Prosser from Ehlers and Associates presented the Key Financial Strategies plan that he and staff and the council have been working on over the past 9 plus months for final approval by the City Council. Councilman Lundquist moved, Councilman Peterson seconded that the City Council approve the final report of the Key Financial Strategies as presented. All voted in favor and the motion carried unanimously with a vote of 5 to 0. City Council Summary Minutes - June 9, 2003 CONSENT AGENDA: APPROVAL OF ON-SALE BEER LICENSE, FOURTH OF JULY CELEBRATION (~IULY 3~° AND 4~I), CHANHASSEN ROTARY CLUB. Councilman Peterson was questioning whether or not this application for a beer license, why it couldn't also include wine. Todd Gerhardt informed him that to sell wine they would have to amend the ordinance. The beer license pertains to the sale of 3.2 malt beverages only. Councilman Peterson moved, Councilman Lundquist seconded to approve the On-Sale Beer License for the 4th Of July Celebration (July 3 & 4), Chanhassen Rotary Club. All voted in favor and the motion carded unanimously with a vote of 5 to 0. RESOLUTION PROVIDING FOR A SALE OF GENERAL OBLIGATION EQUIPMENT CERTIFICATES. Bruce DeJong stated this item was to request that the City Council reduce the amount of the bond sale by $100,000 that's included in the original issue because of a legislative decision that prohibits the City from using this money to fund the remodeling of the senior center space. Mr. DeJong was requesting that the City Council set the date for adoption of the bond sale to July 13, 2003, their first meeting in July. Mayor Furlong asked if the city staff had identified alternative sources of funding for the remodeling. Resolution g2003-53: Councilman Peterson moved, Councilman Labatt to approve the resolution to modify the general obligation bonds for equipment certification. AH voted in favor and the motion carded unanimously with a vote of 5 to 0. FUTURE PUBLIC SCHOOL CAMPUSES IN CHANHASSEN. City Council considered approval of a resolution for siting a middle school or high school for District 112 in Chanhassen and directed staff to execute the resolution and send it down to the school district for their consideration. Councilman Peterson made suggestions to the wording of the resolution for the City Council to consider. Bev Stofferahn, the Superintendent of District 112, expressed what a wonderful partnership they have with both Chanhassen Elementary and Bluff Creek and of a similar situation can be done on a future site in Chanhassen, it makes very good use of land and gives the taxpayers a better return on their dollar. Resolution g2003-54: Councilman Peterson moved, Councilman Labatt seconded to approve a resolution of support for siting a District 112 middle school or high school/park campus in the City of Chanhassen as amended by Councilman Peterson. All voted in favor and the motion carried unanimously with a vote of 5 to 0. COUNCIL PRESENTATIONS. None. ADMINISTRATIVE PRESENTATIONS. None. CORRESPONDENCE DISCUSSION. None. Councilman Ayotte moved, Councilman Lundquist seconded to adjourn the meeting. All voted in favor and the motion carded. The City Council meeting was adjourned at 9:20 peme Submitted by Todd Gerhardt City Council Summary Minutes - June 9, 2003 City Manager Prepared by Nann Opheim 10