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CC Minutes 2000 05 22CHANHASSEN CITY COUNCIL REGULAR MEETING MAY 22, 2000 Mayor Mancino called the meeting to order at 6:35 p.m. The meeting was opened with the Pledge to the Flag. COUNCILMEMBERS PRESENT: Mayor Mancino, Councilman Engel, Councilwoman Jansen, and Councilman Senn COUNCILMEMBERS ABSENT: Councilman Labatt STAFF PRESENT: Scott Botcher, Roger Knutson, Kate Aanenson, and Bob Generous APPROVAL OF AGENDA: Councilman Senn moved, Councilman Engel seconded to approve the agenda as amended by Councilman Senn to add an item under Council Presentations. All voted in favor and the motion carried unanimously. PUBLIC ANNOUNCEMENTS: None. CONSENT AGENDA: Councilman Engel moved, Councilwoman Jansen seconded to approve the following consent agenda items pursuant to the City Manager's recommendations: Approve Reimbursement of Sanitary Sewer Costs, Whitetail Cove, Project 99-6. Resolution #2000-37: 99-5. Accept Utility Improvements in Arboretum Business 3rd Addition, Project Resolution #2000-38: Receive Feasibility Study and Call for Public Hearing for Crestview Circle Improvement Project 00-05. Approval of Public Gathering Permit, Pheasant Hill Park. Approval of Bills. Approval of Minutes: · City Council Work Session Minutes dated May 8, 2000 · City Council Minutes dated May 8, 2000 Receive Commission Minutes: · Planning Commission Minutes dated May 3, 2000 Approve Consultant Contract for TH 101 Trail Concept Plan Preparation - Project No. 97-12-3. Approve Contract for Law Enforcement Services, Truck Inspections and Overweight Enforcement Services, Carver County Sheriff's Office. City Council Meeting - May 22, 2000 Approve Settlement Agreement with Larry & Elizabeth Van De Veire for Galpin Boulevard Improvement Project 93-26. Resolution #2000-39: Approval of Gambling Permit Request for St. Hubert's Church, August 20, 2000 k. Approve 800 mhz Radio Analysis. All voted in favor and the motion carried unanimously. VISITOR PRESENTATIONS: Mayor Mancino: Please come forward and state your name and address. Mike Ryan: It's Mike Ryan, 2595 Southern Court. I'm back. What I'd like to address to the council members and specifically to the Mayor an open letter to Mayor Mancino. Dear Mayor Mancino. Thank you and your fellow council members for the opportunity to present this open letter. On March 16th there was a brief announcement of the Metro Mayors Regional Housing Task Force organized by the Metropolitan Council, and Madam Mayor has been selected as one of the 16 area mayors. In the press release it states that the task force is charged with developing an action agenda for maintaining and increasing the supply of affordable housing in the Twin Cities metropolitan area. It goes on to say in the press release, the proposed policy programs and including legislative recommendations for 2001. My purpose of this open letter is to know what is your agenda Madam Mayor with this task force and how you plan to represent Chanhassen's interest. I have tried to obtain information and Minutes from the Met Council with little success. I'm aware you and the task force convened two weeks ago at the State Capital but at this time nothing else could be shared with me. As elected Mayor for Chanhassen, and not for the Met Council, your responsibilities are to represent the interest of Chanhassen. Therefore as our elected representative for our city I would like to know your position and objectives with this task force. I also kindly request your written reply and information as to what potential impact that this may have for our city. I think it's also important to remind citizens that the Met Council's a non-elected political body that taxes the metro citizens controls over $500 million annually. They use a carrot and stick approach to get their agendas through. I take issue that my tax dollars are being used without my ability to hold the Met Council accountable. Your role in the task force has the appearance of one more initiative that subjugates Chanhassen to the Met Council. If I were a council member, I would be particularly concerned about the erosion on local control that could be orchestrated by you and the task force. And the transference of power over to the Met Council. And as a constituent I'm very concerned about this action agenda and the limited information revealed to date. No one questions housing as an issue in Minnesota or in the country. It is a noble effort to have appropriate housing for all citizens. In the case of housing for Chanhassen, what needs to be taken into consideration is local government and local constituents involvement in charting Chanhassen's course. This task force appears to short circuit this process and go over the heads of your fellow council members and the citizens of Chanhassen. It is my hope you are working on behalf of the people in this room and the citizens of Chanhassen. I have confidence in our local government and how we design smart growth for Chanhassen. I do not have confidence in 16 mayors and the Met Council designing smart growth and controlling our city's destiny. My question to you as Mayor, do you believe the people of Chanhassen can do right by our city or that the Met Council can do better? And I repeat this task force is treading into new territory that potentially diminishes local city government authority. My question is what steps have you taken to protect and maintain local government control versus seeding City Council Meeting - May 22, 2000 control to the Met Council? A potential outcome of this task force is to promote legislative recommendations mandating our city to housing quotas rather than current targets that we are currently guided by the Met Council and/or it could increase our metropolitan property taxes to pay for subsidized housing. I'm sure there will be other costly initiatives potentially to come out oft his task force. Again your constituents need to know how you are representing Chanhassen in the development of legislative recommendations and the implications for our city. As Ted Mondale states in the press release, it's members are movers and shakers that can make things happen at the local level. Mayor Mancino, your constituents are the local level who will be directly affected by your actions. I look forward to a written reply on your role and positions with this task force in respect to Chanhassen and I also kindly ask to receive Minutes from your task force meeting and I will post this letter tomorrow. Mayor Mancino: Okay, thank you. Mike Ryan: Thank you. Mayor Mancino: Anyone else wishing to address the council? LAW ENFORCEMENT UPDATE: Mayor Mancino: Okay we will go forward and the next item on the agenda is law enforcement update. Sgt. Dave Potts and John Wolff, who may come from the Chanhassen Fire Department, and Beth is here. Sgt. Dave Potts: Good evening Mayor and council members. Referring to my memo dated May 16th. I gave you a copy of the Sheriff's office call report for the Chanhassen area. Sheriff's office citation report for Chanhassen. Any immediate questions come to mind? Mayor Mancino: I just had one. I noticed that the property damage vandalism, is that an area that in the city has gotten, you know in the summer months with the kids away from school, is that an area that we kind of target in the city? And it goes up or down depending on you know the summer months versus kids in school, etc? Sgt. Dave Potts: It's one of those seasonal things. A lot of vandalism type activities is juvenile activity and that of course will occur more in the summer months when kids are out of school and running around more. As far as ways to kind of prevent that or more actively attack that, it can be real difficult to know where they're going to be at any given moment of the day or night. So that's one of the things under the work plans, the juvenile issues in general and of course that's one of the big ones that we're looking to hopefully address with not necessarily predicting where they're going to be but with how we handle them once we get our hands on them kind of the deal. And get the word out. Mayor Mancino: Well I'm sure that's where Neighborhood Watch comes into play quite a bit. Beth Hoiseth: Yeah. That's comes into play. What I do at all Neighborhood Watch meetings is they, each member gets a copy of the ordinance and we discuss juvenile issues as well as every other type and part of the program is to encourage people to call on all suspicious activity and be aware of the ordinance. If they hear a crash and banging going on at midnight and they think that there might be a curfew violation or vandalism occurring, we just color that, we just get the word out to encourage citizens to call. So that's one way of combating it is just more awareness. And keeping us alert to what's going on. City Council Meeting - May 22, 2000 Sgt. Dave Potts: That might be a good point to go onto our next item which is, Beth has an update about the neighborhood... Beth Hoiseth: This is a, this shows the coverage of active Neighborhood Watch groups and I'm not sure if you can see the heavier areas, the blue is shown the area of the Neighborhood Watch is current. And right now there are 32 Watch groups and they vary from size. Anywhere from 40 homes to 180 .... 40 homes but we do have several groups that are larger. We broke up the meetings but yet we've got.., and pretty soon we're going to be covering this entire area. The Stone Creek and Boulder Creek areas. This is their area. We are currently scheduling meetings. We have three scheduled for June and so... up to 36 active groups. What I mean by active groups is, those are neighborhoods where I'm communicating with the block contact. And that block contact board leader.., whether it be an annual neighborhood newsletter or a... so as long as they're active we can stay in touch with them and getting information out to the neighborhood and we're trying to have an annual meeting. That's kind of a challenge for our Neighborhood Watch. What we're trying to do this year, we're going to do something new. We're going to celebrate National Night Out which is scheduled for August 1st and Chanhassen along with the other cities in the nation are going to celebrate National Night Out. What we plan on doing is having officers visit various neighborhoods throughout Chanhassen, and at about 15 minute blocks we'll stop by. You know make an acknowledgement of National Night Out. Recognize the Neighborhood Watch. You know a short message about what citizens can do and then maybe hand out sticker badges for the kids. And so what we're doing is again keep our active groups motivated by doing this and that way they've met their annual meeting requirements. And National Night Out will be offered to the entire city. So any neighborhood can participate that night but starting with the Watch groups and we'll just kind of go from there and see how many people we get interested in National Night Out. So any other questions? Scott Botcher: Could you just run a copy of that for me so I can give it to council? Do you guys wants a copy? Mayor Mancino: Yeah, sure. Very great. Thank you. Beth Hoiseth: You're welcome. Sgt. Dave Potts: Under miscellaneous items, the first thing we have here is something I just titled, "A Day in April". And that was something that just made up. It's kind of a FYI. You know here's a typical day... Just gives you something to read and see the various calls that officers respond to. And certainly some days are heavier. Some days are lighter. It's just one day I grabbed off the Sheriff's blotter and typed it up. Thought that might be an interesting tidbit for the council. Mayor Mancino: I love the kids on roof throwing water balloons. Sgt. Dave Potts: I don't have the details. It's only what you see there. But it was just, I'm kind of looking, doing some brain storming from time to time and different things that I can bring to the council that I think may be of interest. Maybe update them on things they haven't heard of before when you get to law enforcement and that type of thing so this was just something I thought of and thought you might like to see what happens in a day. It certainly doesn't list everything that the officers do. Mainly the calls that come out of dispatch to the officers. Councilwoman Jansen: That was interesting to see. Thanks for including that. City Council Meeting - May 22, 2000 Sgt. Dave Potts: On Project Leadfoot, Pleasant View Road is an ongoing process of delivering or distributing their neighborhood fliers and asking people to sign a petition. It sounds like an overwhelming majority in support they're finding. We'll be furthering our steps down as Steve Beddor gets back to us once they've completed some other neighborhood pieces of the project. But I did bring along, to show you tonight our traffic sign that on the Pleasant View Road case we'll be posting one sign at each end of the Pleasant View Road where the 25 mph sign starts. And the County Public Works Department has a pretty sophisticated sign making device and they made these signs for us. They're, it's a pretty new machine so they're deciding to see how things go before they look at targeting other county departments for these types of things. This was done free of charge by County Public Works and initially made up 8 signs for us and then we'll see how we go from there. I just wanted to show that to you. Just a few cases I've touched on as far as updating the council on things that have happened in the city. We had fairly substantial vandalism by three juvenile youths recently. The city's victimization of that totaled to $375.00. And the Chanhassen youth and a couple of friends from Chaska. Unfortunately a semi truck and trailer were also vandalized with spray paint. Spray painted street signs. Spray painted sidewalks. Spray painted a semi truck and tractor and that will probably be a substantial dollar loss there, but the city got away pretty lightly and that was May 13th was when that occurred. All three of the juveniles involved are being charged in that situation. Mayor Mancino: So you were able to find them and apprehend them? Sgt. Dave Potts: Yeah. I mentioned at a couple of meetings previously how important citizen tips and information is, and this was a citizen driving down Kerber Boulevard. Saw kids hanging around a semi trailer at night. Seemed suspicious and stopped and talked to them. Actually got one of their names or something and then came up to City Hall. Found an officer up here and... Coulter, just east of Galpin. Apparently four street lights were broken by rocks or what not. About $200 damage there. I don't believe we have any suspects in that situation. That was near the end of April. April 24th. And then previously I talked about 'tis the season for thefts from vehicles left parked outside unattended at parks with valuables left inside. We did have a few recent cases of that over on Tanagers Lane. Somebody left a couple of sets of keys in plain view on the dash of their vehicle with their vehicle unlocked and those keys were stolen. Interesting twist to that is our Chief Deputy was at Herman Field Park for his own recreation and found a set of those keys to the Senior Center in Shorewood I believe it was. Bent Bow had a theft from a car which was again unlocked. The car was in a garage but the garage door was opened during the night, thus the easy access for somebody looking for that type of thing. At Lake Ann Park, somebody left their sunroof open. A purse and other valuables in the vehicle that were taken and again an interesting twist to this case is a West Hennepin Officer made a traffic stop sometime after this theft occurred. Before the, I think the victims were even aware of it, and for some reason during that traffic stop had caused the search of the vehicle and find the purse and other stolen items from that car. So it was a West Hennepin Officer notified the victim before the victim had even had time to report it to us. So that was kind of a fortunate twist to that story. Also the last thing I have this evening, I was hoping to have a couple of our contract deputies stop in for a little introduction to the council. Talked to the Mayor a couple of weeks ago when she was asking who are contract deputies that work in the city. Sometimes they do change and what not, so I thought I'd try to get a couple to come down tonight. I have Deputy Keith Walgrave here. Keith came to us previously a Hennepin County Correctional Officer and he's been a deputy with the Sheriff's office now for 9 years. 5 of those years have been patrolling in Chanhassen. And as some of you are aware, I used to be a canine handler. My dog retired in 1997 and after that Keith was appointed to become a new canine handler and went to train with the St. Paul Police Department so he's been a canine handler since then with his dog Titan. I just wanted to bring them in so you can kind of put a name to a face and when you see them around. Keith worked the over night shift. City Council Meeting - May 22, 2000 Keith Walgrave: Mayor and council members. I appreciate being here tonight just to meet you in person and have you meet my partner Titan. Just to give you an example, for the most part all the times I've worked in Chanhassen I'm always been on a p.m. shift or the overnight shift, which I enjoyed. The night hours that are less traffic, and I can be a little bit more nosey in my police work and investigating people that are behind businesses or driving through neighborhoods late at night. They don't have a good excuse...just the mere presence of the dog I think makes people think twice about doing burglary in this city knowing that there is a dog present. My squad is well marked. He barks all the time at people and I think...that makes a big decision in their mind to not commit a crime where we're working. To give you an example, in 1999 Titan and I were involved in 100 calls throughout the year, and when I say his involvement that's where he was actually taken out of the car and present on calls. 44 of them were in the City of Chanhassen, of course because I'm assigned to Chan. We had 17 incidents last year where people were arrested for a total of 23 people. Just last week, just the mere fact of telling somebody on a traffic stop that I had a narcotics trained dog, I got a confession of drugs. I recovered 10 baggies of marijuana. $171 in cash and.., vehicle. Our main purpose as a patrol, canine unit is searching buildings tracking for people that are suspects or medical people. People with Alzheimer's. People that might be lost. And searching for evidence that may have been left such as crow bars or wallets or keys or anything of evidence of a crime. Our secondary purpose is narcotics and I think we've done well so far... So enjoy working in Chan and I'd like to stay here as long as I can. Mayor Mancino: Good. Well we love having you here so, Titan too. Sgt. Dave Potts: I had hoped to have two deputies and I see my second one is walking in. This is John Brownfeld. He was tied up interviewing a suspect just for a few minutes also. He wasn't sure if he was going to be able to make it here or not but since he did, John Brownfeld has been with our department for about 12 years. 7 years as a detention deputy. 3 years of detention supervisor and the last 2 years of patrol deputy. And he just started working in Chan here when we did our annual shift bidding and switch and he started about the beginning of February when we all rotated to the new shifts. So John is a newcomer to the city of Chanhassen. Mayor Mancino: Good. Well welcome and I hope you enjoy the city and keep us safe and sound. Thank you. Any other questions from council? Comments? No, but thank you very much and thank you for coming. Keith Walgrave: Titan would like to say good-bye. Mayor Mancino: I'll tell you anything you want to hear. APPEAL DECISION OF THE PLANNING COMMISSION~ DENIAL OF A REQUEST FOR A FRONT YARD VARIANCE FOR THE CONSTRUCTION OF A PORCH~ 1834 VALLEY RIDGE TRAIL~ TOM EDSTROM. Kate Aanenson: Thank you. The applicant originally requested two variances. The Planning Commission recommended denial of both. It was staff's literal interpretation of the ordinance, felt that there was no hardship. The applicant appealed the front porch variance. He needs a 1 foot variance to accomplish a 6 foot front porch. His reason is, some of the other porches and I'll let him go through. You can see the pictures he has of other homes in that area and he's concerned about the long term maintenance of the home without the porch. The pictures that I've shown here that were asking at the Planning Commission, some City Council Meeting - May 22, 2000 of the rationale is architecturally why does it need to be at the scale that it does. And those were all.., in order to accomplish that, he made the 6 as opposed to the 5 foot. So with that staff is still recommending denial. I'd be happy to answer any questions. Mayor Mancino: Okay, thank you. Any questions for staff? Thank you. Is the applicant here and would you like to address the council? Tom Edstrom: You already have copies? Mayor Mancino: Yes, thank you. Tom Edstrom: Hi. My name's Tom Edstrom. I'd like to thank you for your time tonight listening to my request for the appeal of the earlier decision. Just briefly I'll kind of take you through the package. The first exhibit there is just a picture of the front of the house as it currently exists. Just so you have the flavor of what it looked like. And what we're really trying to gain by adding the porch is a number of different things. One is, to protect the front entryway from the weather. The exhibit right here, number 5. It's hard to make out but you can see on there that there's that front area gets a fair amount of weather damage and I think if we could build an overhang there that it would prevent that from happening, as well as inside the front door. I don't have a picture of it but the rain blows in the front door as well and there's a hardwood floor inside. And I understand that a variance, or I mean a porch in fact can be built without the approval of the variance, but my concern is that it's not really worth building a porch that would be that narrow. The structure would actually, the roof line would actually extend out 7 feet which is 1 foot past where it needs to be. Or where it's allowed to be I should say. And that extra foot is really critical to the area directly in front of the windows, because this porch, in order to incur the expense of putting this porch on, I want to protect the front of the home. I want to have an area out front below those two windows that we can sit and have some chairs and be able to watch the kids play in the front yard and such. And without that foot it becomes not even worth while to do because it's so crowded in there. You'd only have approximately 4 feet of useable space and that 4 feet would have to include an area to walk by and you know it's a several thousand dollar expense to go through and add the porch and to not be able to have that porch serve for it's original purpose, it doesn't make sense to me and so I'm requesting that I be granted a 1 foot variance in order to construct a porch that in my mind is worth you know constructing it. To me it makes a difference of doing the project or not doing the project and that's why I'm back for a second time to be granted that variance. I don't believe, I haven't heard, I'm not aware of any objections from the neighbors for extending out another foot. We currently are 30 feet back from the edge of the garage is 30 feet back. The 3 foot, there's a 30 foot setback. Right at the comer of the garage here, it sticks out 3 feet from the front of the house. And from my understanding I can go beyond... 30 feet by 3 feet so I'm asking for an additional foot on top of that. Mayor Mancino: Okay, thank you Tom. Any questions for Tom? Councilwoman Jansen: No. Mayor Mancino: Okay, thank you. Is there anyone here tonight wishing to address the council on this? Okay, bring it back to council. Councilman Senn, for discussion and a vote. Councilman Senn: I don't have any problem with the 1 foot variance. I mean there's no public safety issues involved here or whatever. I'm not going to haggle over 1 foot. City Council Meeting - May 22, 2000 Mayor Mancino: Okay. Councilwoman Jansen. Councilwoman Jansen: I know it sounds petty but I guess where I always hesitate is the same place that the Planning Commission as well as staff hesitate and what's once you have gone the 1 foot, then it's what's wrong with 2? What's wrong with 3? Where do you actually draw that line? So I hate to be petty on it but I guess I would tend to go with staff's recommendation for denial realizing that it again kind of sets a precedent to break from the ordinance. Mayor Mancino: Okay. Councilman Engel. Councilman Engel: I don't have a problem with a foot. A porch is a good thing and as long as it's not getting so close to the sidewalk you can reach it with a broom, then I'm okay with it. Mayor Mancino: Well, this is one of those hard ones for me. I'm such a lover of front porches. I think that they're good for the neighborhood. Good for the safety in the streets and I certainly do wish that they would have put the porch on to begin with. There's no question about that. Because most of the porches in that neighborhood, or most of the houses in that neighborhood do have front porches. So I think on this one I'm okay with the 1 foot variance. So may I please have a motion. Councilman Senn: Move approval. Councilman Engel: Second. Councilman Senn moved, Councilman Engel seconded that the City Council approve the appeal for the variance request #00-7 for a 1 foot variance from the 27 foot front yard setback for the construction of an open porch. All voted in favor and the motion carried unanimously. ECKANKAR RELIGIOUS CAMPUS, NORTHWEST CORNER OF WEST 78TH STREET AND POWERS BLVD: A. COMPREHENSIVE PLAN LAND USE AMENDMENT FROM LOW DENSITY RESIDENTIAL, MEDIUM DENSITY RESIDENTIAL, PUBLIC/SEMI-PUBLIC, AND PARKS AND OPEN SPACE TO PUBLIC~SEMI-PUBLIC. CONCEPTUAL AND PRELIMINARY PLANNED UNIT DEVELOPMENT-OFFICE/ INSTITUTIONAL APPROVAL. SITE PLAN APPROVAL FOR A 60,000 SQ. FT. ADMINISTRATIVE OFFICE AND ARCHIVE BUILDING AND A 10,000 SQ. FT. CHAPEL. ENVIRONMENTAL ASSESSMENT WORKSHEET ADDRESSING POTENTIAL ENVIRONMENTAL IMPACTS OF THE PROPOSED DEVELOPMENT AND MAKING THE APPROPRIATE FINDINGS AND DECISIONS ON THE NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT. Bob Generous: Thank you Madam Mayor, council members. I'll try to be brief. There's four approvals to this starting at the most important ones are the comprehensive plan land use map amendment. Currently this site has four different land uses. We recommend to the applicant that they put it all under one land use. City Council Meeting - May 22, 2000 That would be public/semi-public which is consistent with the use of the property. Secondly they are requesting concept and preliminary planned unit development for an office institutional use. That would, as part of the PUD developed a total parameters for the development of this site. I should note that both the land use amendment and the preliminary PUD are the first reading on this. The land use amendment will go to the Met Council for their review and then will come back to us and you will give a final approval as well as the rezoning to planned unit development. We would have another reading on that, or a hearing to approve that. Thirdly is a site plan approval for a 60,000 square foot administrative office building with some archive areas, storage space in it. We worked diligently with the applicant to come up with some articulation on all elevations of the building and we think this will be a nice addition to the community, especially on Highway 5 there. During construction they also have a 10,000 square foot chapel. It will be an open air chapel. There is one revision to our recommended conditions of approval and I gave you a copy earlier. It would be on page 24. It's item number 20. We would delete that. The architect and the building official met and they don't really see the need for us to put in bathroom facilities for a seasonal operation like that where they'll have it available in other buildings. And then finally because of the scope of this project, an environmental assessment worksheet was prepared to look at the potential impacts of the project. This looks at everything from storm water to traffic to air pollution. The study came up and this use would actually have less impact on our environment than if they were to develop under the existing land use. With that staff is recommending approval of the project subject to the conditions in the staff report. Thank you. Mayor Mancino: Thank you very much. Is the applicant here and would you like to address the council please? Bill Griffith: Mayor Mancino, we're here this evening to answer any questions you have. Unless you'd like a presentation. Mayor Mancino: The only thing I'd like to see are the materials, if you don't mind please. And if you could come up and state your name and address. Bill Griffith: Mayor Mancino, Council members. My name is Bill Griffith representing Eckankar, the applicant in this matter. Peter Skelskey, the Executive Director of Eckankar is here this evening and can also answer questions for you. Greg Hollenkamp is here from KKE Architects and I'll call Greg up to describe the building materials. Charlene Zimmer is here from SRF Consulting Group. And their group prepared the EAW along with the traffic study. And Dave Nash is here this evening from McCombs Frank Roos, civil engineers and they've prepared all of the storm water calculations, grading and drainage plans and all the civil engineering work so we have our full development team here for you and would make ourselves available to you. And Mr. Hollenkamp can now address the building materials. Mayor Mancino: Thank you very much. Greg Hollenkamp: Good evening. I guess the best place to start, if you look at the elevations. This is the administration building and you're probably familiar with the materials on the existing temple. It's probably easier if I just bring this up. We did them in the same materials that we have on the temple. This is an architectural pre-cast that would go on the outside of the buildings so basically the entire faCade and columns around are all made out of the architectural pre-cast. And then the same finish, same coloration as what we have up there now. And then inside of the columns is an anodized metal where it's... And this is the material here would be the color of the.. Again, everything is consistent with what we've done on the temple. The only difference is when we get to this...we wanted the chapel to, because of it's setting. It's City Council Meeting - May 22, 2000 set back from the woods and we wanted that to have a little different feel. It has wood shakes on the roof line. Then we're also putting in the cupola, golden cupola. Similar to what we have in material on the temple. The columns that support the chapel are the pre-cast columns again with the instep. So basically the same materials. Mayor Mancino: Okay, thank you. Any other questions? Questions on EAW, etc that council members have? Anything? Councilwoman Jansen: I only have one question within the development design standards that we're drafting for the project. Under permitted uses, page 5. If there is a question as to whether or not a use meets the definition, the Planning Director shall make that interpretation. Mayor Mancino: Scary isn't it? Kate Aanenson: Ultimately any person aggrieved to my decision would appeal it to you so that's how it works. I mean I'll make the decision. If they're unhappy with my decision, the due process would appeal it to the Planning Commission who would make a recommendation to the City Council. Roger Knutson: But the Planning Commission is the Board of Adjustments and Appeals so you are the decision making. Ultimate decision makers. Councilwoman Jansen: Okay. And the only reason I ask, and it's not questioning your judgment. It was recalling when we went through the Family of Christ PUD when we were putting together just a long list of uses and some of the things that they as a church felt were relatively standard for a church. Because if one of those came in, that there would be a little, maybe council input because some of those seemed like they might be issues that council would want to weigh in on in the future. Was my only thought. Mayor Mancino: Okay, thanks. The only other one I had I think is directed towards Bob on page 9. The number 13, under building materials and design. It says windows shall be provided on a minimum of 50% of the wall face perimeter of the building. What does that mean? Bob Generous: That's one of the issues that the applicant has and we need to revise it. Basically we were looking at a way to describe that they have to provide sufficient fenestration in the building to give us all these different looks. And the way I was doing it is by, I said if you took a line drawing of the perimeter of the building and show all the spots where windows were in and measured that, half of the face of the building would have to have. Mayor Mancino: On the total? Bob Generous: Yes. Mayor Mancino: 50% on the total? Kate Aanenson: Right. Bob Generous: So that's, between now and the final hopefully we'll come back with more clarity. Clearer language to describe that and maybe put in some drawings as to what the applicant is suggesting. 10 City Council Meeting - May 22, 2000 Mayor Mancino: Great. Councilwoman Jansen: Oh that'd be good. Mayor Mancino: That would be helpful. Because it seems to be a little bit in conflict with number 2 so I just wanted to make sure that. Kate Aanenson: They raised the same issue. Mayor Mancino: Oh! Good. Somebody else is smart. No, I'm just kidding. Thank you. Any other questions? Councilwoman Jansen: We get all of those clarifications then back as you said once it comes back to the final? Okay. Mayor Mancino: Okay. Then I think we're ready to go forward here. Is there anyone here tonight wishing to address the council on this? Okay. Then may I please have a motion and a second and let us try to do it all in one motion. Councilman Senn: Move approval of the comprehensive plan land use amendment for low density residential and medium density residential, public/semi-public, and parks and open space to public/semi- public. And approval of conceptual and preliminary planned unit development, office institutional. And site plan approval for a 60,000 square feet administrative office and archive building and a 10,000 square foot chapel. And approval of the Environmental Assessment Worksheet addressing potential environmental impacts of the proposed development. Mayor Mancino: And did you also do the negative declaration? Councilman Senn: Yes. Mayor Mancino: Is that what you just said? Okay, I'm sorry. Councilwoman Jansen: Second. Councilman Senn moved, Councilwoman Jansen seconded that the City Council approves the Comprehensive Plan Land Use Amendment from low density residential, medium density residential, public/semi-public, and parks and open space to public/semi-public contingent upon Metropolitan Council review. All voted in favor and the motion carried unanimously. Councilman Senn moved, Councilwoman Jansen seconded that the City Council grants Conceptual and Preliminary Planned Unit Development-Office/Institutional approval of PUD #00-1, subject to the following conditions: The developer shall enter into a Planned Unit Development Agreement and provide the necessary security required by the agreement. 2. The developer must comply with the Eckankar Religious Campus Development Design Standards. 11 City Council Meeting - May 22, 2000 A conservation easement or other form of preservation mechanism shall be established to permanently preserve the natural areas. All voted in favor and the motion carried unanimously. Councilman Senn moved, Councilwoman Jansen seconded that the City Council approves Site Plan #00-5 for a 60,000 square foot administrative office and archive building and a 10,000 square foot chapel, plans prepared by Korsunsky, Krank, Erickson Architects, Inc., dated May 11, 2000, subject to the following conditions: 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. Increase parking lot landscaping to meet minimum requirements for trees and islands. Provide 5-7 evergreens for buffering of the loading dock area. The plantings shall be located on the west side of the NURP pond. The proposed lighting will be consistent with the lighting used at the Temple, dark brown anodized with square heads. Lighting shall use shielded fixtures and be directed away from public right-of- way. Sufficient lighting shall be provided to illuminate all areas of the parking lot to provide adequate levels of safety. 5. A separate sign permit application will be required for signs. 6. The developer is required to provide a landscaped pedestrian passageway through the parking lot. A sidewalk shall be installed from the access lane northwest of the building to the access lane southeast of the building. A sidewalk or trail shall be installed along the access drive leading from West 78th Street to the interior of the site. 9. PIV (Post Indicator Valves) will be required for all buildings. 10. "No Parking Fire Lane" signs and yellow curbing will be required. Contact Chanhassen Fire Marshal for exact locations of signage and curbing to be painted yellow. 11. Additional information will be required to determine fire sprinkler classification for the two story high storage area. Contact Chanhassen Fire Marshal for additional information regarding contents and room classifications. 12. Fire apparatus access roads and water supplies for fire protection are required to be installed and made serviceable prior to and during time of construction. Pursuant to Chanhassen Fire Code Section 901.3. 13. Further discussion will be needed to determine building address numbers or if driveways need private street names. Due to the large number of buildings and future expansions, building address 12 City Council Meeting - May 22, 2000 numbers and locations will need to be determined for rapid fire, police and ambulance response. One suggestion could be a fire lane only to connect Phase I and Phase II parking lots. 14. All buildings and facilities must be on an accessible route. 15. The concept utility plan was not reviewed by the Inspections Division at this time. 16. The office building must be protected by fire sprinklers. 17. The office building must comply with the high pile storage requirements of the Fire Code. 18. Seven accessible parking stalls must be provided. 19. Detailed occupancy related code requirements will be reviewed when complete plans are provided. 20. Detailed occupancy related code requirements will be reviewed when complete plans are provided. 21. The developer shall supply the City with a detailed haul route for review and approval by staff for materials imported to or exported from the site. If material is required to be hauled off-site to another location in Chanhassen, that property owner will be required to obtain an earthwork permit from the City. 22. The applicant will need to develop a temporary sediment and erosion control plan in accordance with the City's Best Management Practice Handbook. The plan shall be submitted to the City for review and formal approval in conjunction with final plat submittal. 23. All areas disturbed as a result of construction activities shall be immediately restored with seed and disc-mulched or wood fiber blanket or sod within two weeks of completion of each activity in accordance with the City's Best Management Practice Handbook. 24. All utility improvements shall be constructed in accordance with the latest edition of the City's Standard Specifications and Detail Plates. Detailed utility plans and specifications shall e submitted for staff review and City Council approval prior to issuance of a building permit. Open cutting of West 78th Street for the extension of utilities will not be permitted. Upon completion the utilities located outside the city's right-of-way shall be owned and maintained by the applicant. If the applicant desires for the city to maintain the private utilities then a maintenance agreement and drainage and utility easement will need to be prepared and recorded against the property. The watermain in Phase I shall be looped back out to the watermain along Powers Boulevard with a future phase of development. 25. All private streets/driveways shall be constructed to support a minimum of 7 ton per axle design weight in accordance with the City Code 20-1118 "design of parking stalls and drive aisles". 26. Type III erosion control fence shall be used adjacent to wetlands in lieu of Type I. 27. The applicant shall apply for and obtain permits from the appropriate regulatory agencies, i.e. Minnesota Department of Transportation, Watershed District, Metropolitan Environmental Service 13 City Council Meeting - May 22, 2000 Commission, Minnesota Department of Health, and Minnesota Pollution Control Agency, and comply with their conditions of approval. 28. No berming or landscaping shall be permitted within the city's right-of-way. A 2% boulevard grade must be maintained along the City's right-of-way. The applicant shall be responsible for relocation of all utilities, streetlights, and landscaping along West 78th Street as a result of site construction activities. 29. The rock construction entrances shall be shown on the Erosion control plans at all construction access points. The rock construction entrances shall be maintained until all disturbed areas are revegetated or the driveway/parking lots paved with asphalt. All catch basin inlets shall be protected with silt fence, rock filter dikes or hay bales. 30. Drainage easements shall be dedicated to the City over all ponds and wetlands up to the 100 year flood level. 31. The applicant shall enter into a site plan agreement with the City and provide the necessary financial security in the form of a letter of credit or cash escrow to guarantee compliance with the terms of site plan approval. Detailed cost estimates for site restoration, erosion control, grading for storm water ponds, sanitary sewer and watermain extension to the site shall be supplied to city staff for review and approval. These cost estimates shall be incorporated into the site plan agreement to determine the amount of security required by the City. 32. The maximum driveway access at West 78th Street shall be 42 feet face to face unless the applicant is proposing a center median at the entrance. Pedestrian ramps shall be installed where the driveway intersects the trail along West 78th Street. The applicant shall work with staff in modifying the parking lot layout to meet the Fire Marshal's turning radius requirements. 33. The applicant shall post signage stating that their trail system is open to the public. All voted in favor and the motion carried unanimously. Resolution #2000-40: Councilman Senn moved, Councilwoman Jansen seconded that the City Council approves a resolution of Negative Declaration of the Need for an Environmental Impact Statement for the Eckankar Religious Campus. All voted in favor and the motion carried unanimously. Bill Griffith: Thank you Mayor and Council. Mayor Mancino: You're very welcome. Councilwoman Jansen: Very nice project. Mayor Mancino: Thank you for putting it all together and making it easy for us to review. COUNCIL PRESENTATIONS: Mayor Mancino: I'll talk for a second on what Mr. Ryan brought up. 14 City Council Meeting - May 22, 2000 Scott Botcher: For what it's worth, Kate did a really a lot of work on this one. Councilman Senn: Yeah, they put a lot of work into that staff report. Scott Botcher: And deserves some of the credit as well so. Mayor Mancino: It was an excellent staff report. Councilman Senn: Under, let's see Council Presentations I'd like to make a procedural motion pertaining to the fact that the Mayor and I are both going to be absent it appears at roughly the same time so the procedural motion I would make is that, I temporarily resign as Deputy Mayor from a period from May 26th through June l0th. That Mark Engel be appointed Deputy Mayor for that same period of time, at which time on June 10th he will resign and I would resume my duties as Deputy Mayor. And that was in the form of a motion. Mayor Mancino: And is there a second to the motion? Councilman Engel: Second. Councilman Senn moved, Councilman Engel seconded that Councilman Senn temporarily resigns as Deputy Mayor from a period from May 26th through June l0th and appointing Councilman Engel as Deputy Mayor for that same period of time. All voted in favor and the motion carried unanimously. Councilwoman Jansen: So does that encompass like one council meeting? Is that what we're doing there? Mayor Mancino: Oh for anything that has to be done. Councilman Senn: Well mainly for signatures or if something comes up that requires a signature, that sort of thing. Scott Botcher: Honestly I can't imagine anything that we would need but god forbid a disaster.., we needed a disaster declaration or something. Councilman Engel: I get to be the Pope. Councilwoman Jansen: I was just going to suggest if it's the only council meeting where Engel's going to get to play Mayor, let's make it a tough one. Councilman Engel: That will be the shortest one on record. It will break all previous records. Mayor Mancino: Okay we'll move forward. Very quickly before we close the meeting. There was a mayors meeting, regional meeting on life cycle housing. One meeting last week and everybody just met each other so we don't even know what the program is going forward and certainly we're doing our housing strategy and everything that I will take forward will reflect the council and the city and where we're going on life cycle housing. Councilman Engel: You mean you didn't hatch a secret plan? 15 City Council Meeting - May 22, 2000 Mayor Mancino: We didn't hatch a secret plan. No conspiracy theories here. Councilwoman Jansen: So when you say life cycle you were referring to that affordable housing task force? Mayor Mancino: They're calling it life cycle housing. Councilwoman Jansen: Life cycle? Oh okay. Mayor Mancino: Like Life Cycle Housing Task Force. The Governor did show up and say hello and said that he is very, very. Scott Botcher: Big. Mayor Mancino: Yeah, he's big. It's very important to him and I think it's great that we as a city have a voice and can hear things and I will certainly report back to you what other cities are doing. And for us to find out what's going on in the metro area. Councilwoman Jansen: So in renaming it to life cycle instead of affordable, are they changing the focus of the committee? Will it encompass more like cycle than just, I picture that as a broader issue than just affordable. Mayor Mancino: But we haven't even, nobody's even really talked about it yet. You know it was again a meeting of everybody. Councilwoman Jansen: But they're changing the name. Mayor Mancino: But they talked about whether, you know do we want to just stay with affordable or do we want to do more life cycle so everybody talked about maybe changing it to life cycle but there was no consensus yet. Yet it was a very short, preliminary meeting and we have our housing strategy discussion on what, June 17th? Scott Botcher: June 17th, something like that. Mayor Mancino: 17th or 19th. So I think that will be, we'll be paralleling a lot of things. But I will report back to you and let you know what's happening on that and take forward the ideas that we're using at the city too. Any other questions on that? Scott Botcher: I've just got one addition. And Roger and I are going to check with each other. I did ask Roger to draft a hunting ordinance. Remember you guys, I think Linda you asked me about that. Councilwoman Jansen: Yeah. Councilman Engel: So we can shoot from our rooftops? 16 City Council Meeting - May 22, 2000 Scott Botcher: Well I think those kids getting on top of Byerly's... He said he drafted it and e-mailed it. haven't found it yet. So what we're going to, you're going to have it in a couple weeks. So it is drafted. We just have to find it in cyberspace somewhere. Councilwoman Jansen: Good. So since it's an ordinance, that will require a public hearing? Roger Knutson: No. Councilwoman Jansen: Oh! Roger Knutson: Basically your land use stuff does. Otherwise it doesn't. Councilwoman Jansen: Okay. Mayor Mancino: But it requires a vote. Scott Botcher: And any public comment. I don't know if there will be much but. Councilwoman Jansen: Okay, thank you. Mayor Mancino: Any other? Mayor Mancino adjourned the City Council meeting at 7:25 p.m. Submitted by Scott Botcher City Manager Prepared by Nann Opheim 17