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CC 2003 05 27CHANHASSEN CITY COUNCIL REGULAR MEETING MAY 27, 2003 Mayor Furlong called the meeting to order at 7:05 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, Tom Scott, Kate Aanenson, Teresa Burgess, Bob Generous, and Todd Hoffman PUBLIC PRESENT FOR ALL ITEMS: Kristin Johnson Steven Lillehaug Jim Bohn Glenn Stolar Judy Schmieg Kali Veerman. James Fuhrmann Jerry & Janet Paulsen 816 Ashley Court Planning Commission EDA 6395 Oxbow Bend 200 West 77th Street 2520 Christian Drive, Chaska 7614 Kiowa Avenue 7305 Laredo Drove PUBLIC ANNOUNCEMENTS: PRESENTATION OF MAPLE LEAF AWARD TO ALISON BLACKOWIAK. Mayor Furlong: Our first item of business, public announcement is a presentation of Maple Leaf Award to Alison Blackowiak. So Alison, I saw you here. If you could join me here down in front. Alison served on the Planning Commission for the city since 1996 through 2003. Also during that period I think you also served as Chair or Co-Chair of the Park Referendum Committee as well, which is a lot of work I know and produced great results for our city. So in addition to serving on the Planning Commission she served as Chair of that commission for two years and I know that's a lot of effort and time in addition to just preparing for the meetings themselves so Alison, on behalf of the City Council and all the residents of Chanhassen, thank you for all your efforts and contributions that you've made to our city and for your contributions on the Planning Commission. Thank you. Alison Blackowiak: You're very welcome. Mayor Furlong: This is your last chance. Alison Blackowiak: This is my last chance, okay. I just want to say it's really been an honor and a privilege to serve the city of Chanhassen on the Planning Commission. Despite what people say it really has been a lot of fun. I've learned a lot and if anybody's interested you know, different commissions are always looking for good people so step up and be a part of the city because it's a lot of fun. Mayor Furlong: Thank you. City C~ncil Meeting ~ May 27, 2003 CONSENT AGENDA: approve the following recommendations: Councilman Labatt moved, Councilman Lundquist seconded to consent agenda items pursuant to the City Manager's Receive Commission Minutes: - Planning Commission Minutes dated May 6, 2003 d. Approval of Renaming Ball Fields North of City Hall. AH voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Furlong: Unless there's objective we'll consider items l(b) and, or excuse me, l(a) and l(c) under, as item 7 under new business. Without objection. VISITOR PRESENTATIONS. Jill Shipley: Good evening. My name is Jill Shipley. I reside at 261 Eastwood Court in Chanhassen and I'm here tonight representing the Friends of the Chanhassen Library. The most significant addition to our city since the Chanhassen Dinner Theater will be opening in 81 days. We know that you all know I'm referring to the Chanhassen Library and how excited we all are about that. It's been so fun watching the building progress and we're excited aboutthe park that's going to accompany it. About 20 members of the Friends are busy working on the grand opening celebration and the-Friends of the Library will be funding about 80 percent of that celebration for the whole community. 294 children participated in the Children's Tile Project. Many of your children were there. I'll warn you there's going to be a real traffic jam in the children bathroom on opening day as everyone is looking for their tile. For the public record, and for our city history we want to use this opportunity tonight to update you on the status of the Friends space in the new library, specifically as it relates to the light snack and beverage service or coffee shop service. That was a component of the new library that was clearly identified in the needs assessment that drove the referendum. On December 9, 2002, just last December, this issue was lengthily discussed at the City Council meeting and at the conclusion of that meeting the City Council unanimously passed a motion directing staff to work with the applicant, Friends, to bring back to the council an analysis of proposal for a coffee shop that would do three things. One, provide a self-supporting program and everything that would be encompassed in that defmition. Two, the cost benefit of the proposal including some sort of a valuation on the services that would be provided to the community out of this space as a result of the city's investment. And three, the potential and a plan for the return to the city of some portion, if not all of the up front investment. The Friends initiated discussion with the city staff on January 70' of 2003 and asked for clarification on proceeding. We met with city staff on January 30th and were told that the council will not support any concept unless the city can recoup every penny they have put into it. City staff advised us that condition number one of the motion must be fulfilled, fully satisfied before conditions 2 and 3 would even be considered, which in effect voids condition number 3 of the motion that was passed. Furthermore, city staff was unwilling to explore the discrepancies in the cost, the actual cost of the build-out of the coffee shop where the Friends had had a contractor bid it out and had a price estimate of less than $50,000. The City has been operating with the numbers of $80,000 to $120,000 and we have repeatedly objected to that number, saying it is falsely high. The Friends had commitments for partial funding of the cost of this, but not for all of it. We know that you approved a plumbing change order so that the ten'azzo floor will not have to be jack hammered up if you figure out a way to get a coffee shop in the new library in 3 years, 5 years, 10 years, whenever. But we're really sorry and want this stated on the public record that we were unwilling to meet your demands of paying every cent of 2 City Council Meeting - May 27, 2003 the build-out. It seemed like we were really close. The library board had approved this. The design team had approved it. We had a plan that worked in the existing space. We had a willing and capable contractor, vendor to come in and work on it with us. And it seemed like we might be able to provide the community with the amenities that they had requested. That they had approved and that they had also paid for with the 2000 referendum. The anticipated $50,000 cost for the build-out is going to turn out to be one-half of one percent of the entire cost of the project that we're doing out there. I wish we could have achieved the coffee shop. Thank you. Mayor Furlong: Thank you. Are there any other individuals wishing to speak during the visitor presentations this evening? If there are none we'll close visitor presentations and move on to the other items on our agenda. LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE. Lt. Widmer: Good evening everybody. I've just got a little monthly updates from a year ago, Sergeant Olson put these figures together. He wasn't able to make it tonight. I guess for those who don't know me I'm Lieutenant Widmer and I take care of the patrolling division of the sheriWs office. Calls were about 262 calls up from last year by this time, in April. And traffic details, last year you had one traffic detail in April. This year you had 47. Really concentrating on putting more spotted details in the different neighborhood where you get complaints. Did about 131 more traffic stops than last year. Suspicious activity is up by 19, and that's a lot of you know complaints of door to door salesmen, other activities that the citizens are starting to call in more, especially at night time when they see something suspicious. They're not scared to call... car prowls and various activities like that. Alarms have gone up about 26 more than a year ago. Miscellaneous non-criminal, you know citizen assist...property, .general law enforcement questions, civil and juvenile disciplinary problems. Gun permits to acquire were up by 14. Starting tomorrow I think everybody knows they passed the law that people will be allowed to carry a lot easier than they used to so that's going to be a new challenge for the sheriff's office. The sheriff' s office is the one that takes care of everybody in the county that can carry a handgun or long gun in the state of Minnesota so the paperwork is going to start flowing tomorrow and it's going to be quite exciting. Then the citations are up 64 more than a year ago last April. Lately you've been having, this past month you've been having a few thefts from vehicles. They're concentrating on business park on the east end of Chanhassen and apartment complexes and going after car stereos and added on. A lot of people keep their CD's or cell phones laying on their front seats, their purses, everything...people are starting to break into the cars and take them items so keep in mind to keep your valuables out of sight. Take them with you in the house or apartment or business or put them in your mink, someplace where they're not so easily visible and tempting to people. A lot of people are going to them areas because there's a lot of concentration of cars. They can hide inbetween a couple cars really easy and nobody's going to see them very. You look out and you do a quick duck and you're not going to see them like in a private yard. We're having a rash of business burglaries in the last month too. I know you had a couple over the weekend again. They're hitting industrial park...keys so trying to encourage business people to put some better locking systems on their businesses and Crime Prevention Specialist Beth Hoiseth will be willing to help anybody that's got questions or better ways to do security for your business. Crime Prevention Specialist and Sergeant Olson went to a Neighborhood Watch meeting last week and Councilman Ayotte was there and...they really appreciated that. Beth also put out two crime alerts on the business burglaries. Project Leadfoot, we'll be meeting next week with the residents on Highway 101 just south of Highway 5. We've been getting some complaints about their traffic in their area so we're going to see what they can do to help. The other area now with the Highway 101 being closed just north of 212, they're getting a little more traffic on Bluff Creek Road so they're going to try to do some more traffic 3 City Council Meeting - May 27, 2003 enforcement in that area and try to keep the people from speeding through the short, they've even got detours. People like to go...speed up to make up for the lost time so they're going to concentrate on that some more. Anybody got any questions for the sheriff's office? Mayor Furlong: Councilman Ayotte. Councilman Ayotte: First off again, and I'll comment I was at the last Neighborhood Watch meeting and for the people at home and the people here, soliciting the support of Sergeant Olson and Beth Hoiseth in participating in Neighborhood Watch and possibly getting one going is something the community really needs to expand upon. It's a great program. They do a great job. With respect to homeland defense, it's another step in the right direction. We really need to continue to concentrate along that line and I hope that we can get some more support for this fine program that Chanhassen has. With regard to traffic details. It's up. It's great. It's very positive. Lieutenant I know you won't be able to answer some of these questions but I ask that you take them back, see if you can get some information. It is a revenue generator. I've mentioned that in the past. It also seems to be working with respect to hitting our areas that are a problem Our city manager does a great job in identifying that. I know he'll continue to do that. The 30 percent, there's a breakout in that revenue. The County gets so much. The City gets so much. Could you find out what the rational is for that particular percent breakdown? I'd be curious. Also is it realistic to keep up the gain that we're experiencing? I mean it's very positive because I'm sure it's paying dividends. Do you think that's an area that we can continue to see that sort of growth? And I don't know if you can answer that now or. Lt. Widmer: I guess I don't understand the question. Councilman Ayotte: The number of tickets. You're doing a great job doing that. I'd like to see more tickets. Do you see that's a realistic possibility to help defer the traffic problems we've had in the city? Lt. Widmer: You know it's, I think it's a good possibility. We've been having, what we call our double up days where we cut down our training that we used to do on the double up days almost in half so we're always looking for items like traffic details where we put 4 or 5 squads in one area and concentrate on speeders, stop sign, passing on the right and stuff, so that's a good possibility. No guarantees but that's the stuff we try to instill in the deputies to really concentrate on that. Councilman Ayotte: Okay, last question. I see a little bit of a dip, DUI typically is a problem in Carver County, and I would suspect that's still a major concern for us. Is that tree? Lt. Widmer: That is correct. Councilman Ayotte: And I see that we dipped a little bit. Is there a reason why we're under the traffic and alcohol, that we're not seeing an increase in the number of DUI's because usually if there's an increase in traffic activity, I would suspect typically there's a positive correlation that there would also be an increase in DUI or am I under a misconception there? Lt. Widmer: It's true but it also, you know if the number of calls that our officers, you know we had 262 more calls, it takes less time away from other things like traffic and stuff. It correlates and stuff, a lot more people are calling in on their cell phones which helps catch a lot of these that people all of a sudden see a squad car, they do a lot better job driving or concentration more than when they don't, but those citizens behind them are a little more careless about it. But you know City Council Meeting - May 27, 2003 it's up and down and now with the wanner weather, people think more in the partying mood for a while and then they forget about themselves when they get behind a motor vehicles and start driving which is a big problem in Carver County. Mayor Furlong: Thank you. Other questions? Councilman Labatt. Lundquist. Councilman Ltmdquist: Lieutenant Widmer, the Project Leadfoot that you're getting ready to meet with the resident of 101, has the sheriff's department had any extra visibility or any extra effort concentrated even since a month ago when we talked with those citizens about that or are you kind of waiting to frame up with Project Leadfoot to see what your actions are going to be? Lt. Widmer: Sergeant Olson is you know encourage the deputies to try to spend a little bit more time in that area and see if they can determine what the problem is. I guess the citizens want the speed limit lowered but MnDot, the speed limit's fine so I guess the perception of how fast people are driving a lot of times and they think they may be going a lot faster than they really are so, I think he said he did a traffic survey and it was an average speed of like 42 miles an hour in a 40 miles per hour speed zone which isn't outrageous. Councilman Lundquist: Thank you. Mayor Furlong: Other questions? Councilman Labatt: No, none. Mayor Furlong: None. Lieutenant thank you. Appreciate your time and all your support, thank you. Chief Wolff, good evening. Chief John Wolff: Good evening Mayor, council. Quick report. The DNR burning ban that was put in place earlier this spring is over, effective a few weeks ago, which now allows people to burn with permits. The rec burning was never in a burning ban scenario. The rec buming's any pile less than 3 feet in diameter. And citizens can do that without permits. Our paid on call staffing's at 42. It's stable. It's been stable. It's been there within one or two for at least 6 months. We do have one on leave at this point. Our year to date calls are up 28 percent from last year. About 10 percent higher than any year we've had. Not driven by any particular mix of calls. It's really just the overall mix increasing. Last year was an unusual year. The only year we saw in the last 10 years where it didn't go up, it went down. Once again we're back on the curve that we always were on which was about 10 percent a year growth. Driven by population and commercial infrastructure, roads, you name it, we get called out on a lot of things that are impacted by those factors. We do have severe storm season in the upper Midwest approaching. What you saw in the South a month ago will start hitting north, further north and so we've been fortunate the past 3 or 4 years without any major severe weather up here in the spring but I think you can only play that numbers game for a while and it does hit us in cycles. Prepare for mass casualty type events. We do a drill once every 3 years. This year we're doing a drill in two weeks, on the 16~ of June at the Dinner Theater in cooperation with the Dinner Theater. It's going to be kind of along the Homeland Defense theme where actually I think, I mean I don't have the full picture because we're part of the response but the folks that have developed this indicated that it's going to be a release of a chemical in the Dinner Theater and that's about all we know, and we'll respond locally. We'll have county assets, regional assets and state assets also assisting us if we need them for that drill. The council and city staff are welcome to also join us at that event on June 16*. Lieutenant Widmer mentioned the conceal and carry change tomorrow. It only affects the fire department really from two perspectives. One, it does make City Council Meeting - May 27, 2003 ~tgpofi~iing potentially a slightly different scenario, particularly with motor vehicle accidents. So we're getting some training around that. We always respond with the sheriff's department, any time we know that there is a weapon or we think that there's a weapon involved and we wait until the scene is secure. But the other side of the equation is that we're building policy for our fane fighters so that they understand that it's not an option for them to bring weapons on calls, and believe it or not that issue comes up when you change the law like that. But we're not going to allow that. It's not going to be a policy of our department to allow any weapons to be carried, either at the station or on calls. Does council or the Mayor have any questions? Mayor Furlong: Questions for the chief. Councilman Ayotte: Yeah I do John. With regard to other fire departments in areas where carrying a side arm has been a long term practice, example Texas, have we had any information exchanged on how those fire departments react and deal with the fact that there may be a firearm involved in an accident? Chief John Wolff: That's a good question councilman. There are 36 or 37 states that allow conceal and carry and for the most part the fire service, on a national basis doesn't promote firearms for first responders for either EMS or fire hazmat response. We work really closely with the county. They typically have one or two vehicles in the city at all times and I wouldn't say it never happens but it usually happens that they arrive first, just because of their proximity to downtown or their proximity to the city relative to our members. We have to go from home to the station, pick up our equipment and then go. Probably the members with the most exposure would be someone like myself who responds directly from home in a staff vehicle and I guess I'm not convinced that that's something we need to do or even look at doing. But it's certainly something that we would keep, you know as conditions change and events change, you know we might keep that as an option but at this point there really is not a national practice for that or really any kind of a precedent outside of the one you mentioned. And I don't know if that's unique to the Lone Star state or not. Councilman Ayotte: In Texas they do a number of things that I won't, but what I was referring to, not so much with our fires and carrying, I'm asking whether or not there are other measures that they may take. For example tack jackets. Do you know if any other fire department does that sort of thing? Chief John Wolff.' I know that the Los Angeles Fire Department issued tack jackets after the South Central riots because their fire fighters were being shot at. As a practice day in and day out, I think there are in certain cities, certain ladder engine companies, depending on their location, that issue that kind of equipment. That kind of safety equipment. I don't think we're in that kind of an exposure area but we certainly would weigh that on an ongoing basis. Mayor Furlong: Good. Any other questions? Councilman Labatt: Yeah I've got one. You know I was just thinking here, reading about your retrofitted grass rig 217 and looking at greater flexibility and better effectiveness in fighting grass fires and how the grass fire in Eden Prairie burned two homes. Chief John Wolff: Two homes. City Council Meeting - May 27, 2003 C6UnciI~ Labatt: Has the fire department thought about contacting Polaris? They have those ATV's that they will give to public safety agencies and look at retrofitting one of those. Maybe a 6 by 6 with a water tank. Chief John Wolff.' It's a good question. We have had contact with Polaris over the past 2 years. Some of their regional marketing people, and we've also worked with some dealers and I didn't do the direct negotiating with the vendors but the individual that did, the report I got was that that program has been fairly tapped, but they would be willing to work with us on either a used or a new vehicle, lease or purchase kind of scenario. So the other thing I'll say about that is, we are interested in a 6 by. We think there's a lot of applications that it makes sense for given our service area and the kinds of calls that we may need it. Our dive team could use it to access difficult areas, bringing tanks in and out. Certainly the winter weather brings challenging terrain, off road, on road, and grass fa'es. When we had a very large grass fire 3 or 4 years ago, we contacted a number of mutual aid fire departments in the county that had off road vehicles like that and they provided a great deal of assistance, so there's a lot of applications for them. Councilman Labatt: You may even want to re-evaluate or re. Chief John Wolff.' I mean if you have some contacts that we could perhaps, you know maybe we should talk off line because. Councilman Labatt: Give me a call. Chief John Wolff.' Yeah, be happy to do that, thanks. Mayor Furlong: Good, thank you. Other questions? Chief thank you. Chief John Wolff: You bet. Mayor Furlong: Appreciate all your efforts and those of your department. Thank you. PUBLIC HEARING: CONSIDER REOUEST FOR AN ON-SALE INTOXICATING LIOUOR LICENSE FOR CHIPOTLE. 550 WEST 79TM STREET. Public Present: Nsme Kaela Brenner Chris Peterson Address 800 Nicollet, Minneapolis 3470 Washington Drive, Eagan Todd Gerhardt: Mayor, this is a public hearing. Staff did background checks. No negative comments were received. At this time we would ask that you open up the public heating for citizen comments. Mayor Furlong: Thank you. We will open the public hearing at this time. If there's anybody who wishes to speak on this issue, please come forward and identify yourself. Is there anybody who wishes to speak? If not we will close the public hearing. Back to council. Council are there any questions for staff at this time? If there are none, is there any discussion? There's no discussion. Is there a motion? 7 City Council Meeting - May 27, 2003 Councilman Peterson: Motion to approve. Mayor Furlong: Is there a second? Councilman Lundquist: Second. Mayor Furlong: Any discussion on the motion? Hearing none we'll call the question. Councilman Peterson moved, Councilman Lundquist seconded to approve an On-Sale Intoxicating Liquor License for Chipotle Mexican Grill of Colorado, LLC, dba Chipolte Mexican Grill. AH voted in favor and the motion carried unanimously with a vote of 5 to 0. CONSIDER REOUEST FOR A LAND USE AMENDMENT FROM RESIDENTIAL LARGE LOT TO RESIDENTIAL LOW DENSITY: REZONING FROM A2- AGRICULTURAL ESTATE DISTRICT TO RSF. SINGLE FAMILY RESIDENTIAL: AND SUBDMSION OF LOT 1. BLOCK 1. HILLSIDE OAKS INTO 5 LOTS WITH A VARIANCE FOR THE USE OF A PRIVATE STREET: 8800 POWERS BOULEVARD. ARILD ROSSAVIK, POWERS CIRCLE. Public Present: Name Address Arild Rossavik Mark Kelly Donald & Virginia Coban George Bizek Kristi Buan 8800 Powers Boulevard 351 2~d Street, Excelsior 8821 Sunset Trail 8750 Powers Boulevard 8740 Flamingo Drive Bob Generous: Good evening. Thank you Mr. Mayor. Council members. I'll be brief. Basically there's three parts to this application. The first one is a policy decision. The land is currently guided for residential large lot development, which means a minimum 2 Va acre lot size. The applicant is requesting a land use amendment to residential low density which permits density, or development down to 15,000 square feet. A couple weeks ago the Planning Commission voted to recommend denial of the land use amendment and therefore the subsequent rezoning and subdivision were also denied because they'd be inconsistent with that. Unfortunately in this instance staff has a conflicting motion. We believe that the land use amendment should be approved and then the subsequent rezoning and subdivision would be consistent with that land use. Historically the city has provided infrastructure improvements to this area to support a more suburban style development. The subdivision, the applicant has revised his plans to comply with all the RSF district regulations. We have worked out the bluff setback on the rear of the property which is on the west side of the property and sufficient building pads are available on all those sites. There have been discussions with the, or at least letters with the abutting property owner to expand the subdivision to incorporate them. The original subdivision on this property did include the property to the north. The street was down the middle of the property and provided access to both properties and allowed Mr. Rossavik to have 6 lots that complied with ordinance. However without the property to the north, all the infrastructure improvements have been located on this property and he's down to 5 lots. Again, the Planning Commission recommended denial of the land use amendment. Staff is recommending approval and it's up to you to make a final determination. With that I'd be happy to answer any questions. City Council Meeting - May 27, 2003 Mayor Furlong: Thank you. Are there questions for staff at this time? Councilman Lundquist: Bob, back on that, the drawing that has the five lots coming off the cul- de-sac. Access to Lots number, the two farthest south. Yeah those two. Is that a private driveway that comes off of that? Bob Generous: Correct. There is a variance as part of this subdivision to provide a private street. One of the conditions, number 17 would be to extend the easement down to the south property line so that if in the future that property came in for development, they could access through this site and the applicant is agreeable to doing that. Councilman Lundquist: Okay. Is there, second question. On Powers Boulevard, where this cul- de-sac would be drawn, is there a break in the median at that point in the Powers where you'd come out of that and turn left going north onto Powers? Bob Generous: No. Councilman Lundquist: So it's a right-in/right-out? Bob Generous: It's right-in/right-out. Councilman Lundquist: Okay. Thank you. Mayor Furlong: Other questions? Bob, a question. Follow-up on Councilman Lundquist's question on the private drive. Is there a limitation on the use of private drive or number of residences right now by ordinance? Bob Generous: Yes. A maximum of 4 lots may be accessed via private street without a variance. Mayor Furlong: Okay, and under this plan there would be 4 on this? Bob Generous: They'd have 2 under this. Mayor Furlong: The last 2, okay. Bob Generous: Lots 2 and 3. Mayor Furlong: Okay. Thank you. Is the applicant here this evening? We did receive copies of the comments of the Planning Commission meeting so, but if there are other things you'd like to add or issues you'd like to make sure the council's aware. Mark Kelly: I'm ready to answer any questions you might have. My name's Mark Kelly. I'm here on behalf of Arild Rossavik, the applicant so if there's questions I'd be happy to answer them. Mayor Furlong: Okay. Are there any questions at this time? For the applicant. If none, we'll bring it back to the council for discussion. What is there to discuss? Councilman Lundquist. Councilman Lundqulst: My general feeling on the development is, I think it's the, eventually I believe that it's going to be the right thing to have that property developed. Along Powers and it matches the townhouses that are there. It matches some of the Lake Susan area things. However, 9 City Council Meeting - May 27, 2003 a number of concerns that I have are the right-in/fight-out with no break in the median in Powers. That's going to cause a number of different things, you know U-tums on Powers and all kinds of things like that, in my opinion. And having that property develop without the property to the north being developed, kind of puts this, puts a little development in the middle of a, kind of on an island and I understand Mr. Rossavik's letters around the investment that the city has in the infrastructure improvements but I believe those infrastructure improvements were put those because of the improvements on Powers and were put there to go along with that and it made sense at that time so. And I know that we have some issues with the property to the north and Mr. Rossavik trying to come together on that but at this time I'm inclined to decide to go with the Planning Commission's motion to deny and wait and see if we can get the property to the north or work out something where we can get some better access on and off of Powers before we go ahead and change the zoning and go ahead with the subdivision. Mayor Furlong: Okay, thank you. Other comments or discussion from council members. Councilman Ayotte: Could I just know whether or not the Councilman Lundquist's desire, can you put time line to that? Do you have any sense as to the area to the north and what might be percolating in that area. Councilman Lundquist: By percolating? Councilman Ayotte: Interest. Has anyone had an interest in developing the other area that Councilman Lundquist was referring to? Councilman Peterson: Is that a question to staff or to whom? Councilman Ayotte: To staff. Kate Aanenson: There's a non-conforming business being mn out of that. I think at this point I'm not sure that that owner is interested in moving or developing the property at this time. Councilman Ayotte: So right now or in no foreseeable future do you see any evolution for that? Kate Aanenson: I can't speak for the owner... Councilman Ayotte: Okay. Thank you. Mayor Furlong: Other discussion. Councilman Labatt: I tend to agree with Mr. Lundquist in this one that. I tend to agree with Mr. Lundquist that this creates an island. I mean if you look at, we put in the easement there for a private drive to look at the future development of the southern lot. It just seems like, if this area is envisioned to be this, we should do it all at one time. Let's put the circle in the right way. When we look at cutting the median if we have to. Put in a turn lane so you don't create a right- in/right-out. I just think this is just a bit premature for doing it. If we're going to do it, let's do it all at one time. Mayor Furlong: Other comments. Councilman Peterson: I agree. I think my position a year or two ago when it was here was that it was not appropriate for the current time and I think when you do it, when we have the 10 City Council Meeting - May 27, 2003 OpportUfiity in front of us to rezone, wherever that might be, this is the greatest, or strongest latitude I would say of making a decision. I think when we do consider rezoning, it has to be compelling and compelling would potentially define as having a unique product to make a decision on it. That everybody is supportive of. And we don't necessarily have either of those here tonight so I think that's another reason over and above what my fellOw councilmen have already stated so. Mayor Furlong: Okay, thank you. And I would concur with the earlier comments in terms of sense of prematurity where we have 1 out of I believe there are 7 parcels within this development. We will create that island which I don't think makes sense. Traffic issues, if that can be addressed, we still have the issue of the single rezoning within a development so I would at this time also concur with what I think my council members will say, and that it is not the time for this. So are there any other discussions or is there a motion? Councilman Lundquist: Motion to deny the land use map amendment from residential large lot to residential low density, to deny rezoning from A2 to residential single family and deny the preliminary plat of Subdivision g97-12. Mayor Furlong: Is there a second? Councilman Labatt: Second. Mayor Furlong: Is there any discussion on the motion? Tom Scott: Mayor, as I, the staff report, is the maker of the motion adopting the Planning Commission's recommended vote? Councilman Lundquist: Yes. Tom Scott: Which also includes the language that based on the project being premature without the inclusionoof the abutting properties? Councilman Lundquist: Yes. Tom Scott: Okay, that's fine. Just wanted to clarify that. Mayor Furlong: And there was a second. Is there any discussion on the motion? If there is none we'll call the question without objection. Councilman Lundquist moved, Councilman Labatt seconded that the City Council denies the Land Use Map Amendment from Residential-Large Lot to Residential Low Density for Lot 2, Block 1, Hill.qide Oaks based on the project being premature without the. inclusion of the abutting properties; and denies the rezoning from A2, Agricultural Estate District to RSF, Single Family Residential for Lot 2, Block 1, Hillside Oaks based on inconsistency with the comprehensive plan; and denies the preliminary plat of Subdivision g97-12 creating five lots with a variance for the use of a private street for the Powers Circle Addition based on non-comPliance with the zoning ordinance. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Furlong: Next item on our agenda is a request, I'm sorry. 11 City Council Meeting - May 27, 2003 Tom Scott: You do need to add on the rezoning and the preliminary plat. Mayor Furlong: My sense was we were trying to deal with all those in one motion. Tom Scott: I apologize. Mayor Furlong: We're trying to be efficient here. Tom Scott: I apologize. Mayor Furlong: No that's fine. My sense was it was all one motion. Is the council consensus as well? Thank you. CONSIDER REOUEST FOR A LAND USE MAP AMENDMENT FROM RESIDENTIAL MEDIUM DENSITY TO PUBLIC/SEMI-PUBLIC: REZONING FROM RSF, SINGLE FAMILY RESIDENTIAL AND OI-OFFICE INSTITUTIONAL TO A2, AGRICULTURAL ESTATE DISTRICT: A CONDITIONAL USE PERMIT FOR THE USE OF THE PROPERTY AS A CEMETERY: AND SITE PLAN REVIEW: 381 WEST78TH STREET, SANDERS, HACKER, BERGLEY, INC., AND ST. HUBERT'S CHURCH, ST. HUBERT'S CEMETERY. Kate Aanenson: Yes, thank you Mr. Mayor and members of the council. There's actually four motions as a part of this request. The existing St. Hubert's church, the existing cemetery and the future expansion which St. Hubert's is requesting. This site was guided. It has two different zonings on it. One is office institutional and the other is single family residential. At this time what the staff's goal is to try to make those consistent. The current cemetery is non-conforming in it's zoning request. In looking at the site plan...portion of the expansion we looked at the residential. One of the concerns that the staff had, there was some talk of putting some office there at one time is that there is residential across the street which is a very nice neighborhood and as you got the Chapel Hill across the street trying to maintain the integrity of that as the traffic moves through that area, is preserving that. So the expansion of the cemetery in the staff's mind really provides a nice buffer edge for the traffic on the other side and to protect the integrity of that nice neighborhood across the street. So in accomplishing a couple of the goals and making the land use and the zoning consistent, again there's four motions. With the current cemetery expansion of the 3.43, being just slightly over 5 acres of cemetery which will allow for another 3,000 grave sites. Again the motion's a land use amendment. Changing this from residential to an expansion site. Residential back to public, semi-public. That would be again accommodating future use. The rezoning again would be agricultural. We would be changing everything back to A2 except for the existing church which would be OI, which is consistent. It wouldn't be a spot zoning. It'd be consistent with what's across the street, the Chapel Hills so it ties in with that. We do put sight plan findings. I'll just take a minute and go through the site plan itself. One of the things that we wanted to do is to preserve the existing trees as they're laying it out most of the trees will be sited in such a way that they can be preserved. There will be one way in, one way out through there depending on which side of the cemetery as far as the processionals will be parking on site. It's wide enough that you can actually park 2 deep and again those are generally controlled. That was brought up at the Planning Commission. Making sure that we didn't have a traffic problem on the site. Again, we didn't do a lot of site plan review. Most of these are tended to be lower profile. Not a lot of statutes, although there will be some on the site. Again, it won't have any internal lighting. One of the issues that the staff had brought up is the possible access to across the bridge. We did receive feedback from the railroad. They are excited about that possibility. Movement, pedestrian movement across the Uacks is a 12 City Council Meeting - May 27, 2003 concern: We do have people that mOve across those tracks. There's no plan fight now to move forward with any bridge connection, but through this site plan they've agreed to allow access in the future if we want to work towards that so it's in a public space again which is a nice amenity. It won't be lit. There is a street light that's out on the eastern edge which we're asking them that they pay for so we'll have street light and a sidewalk along this entire stretch of West 78t~, which again will be street lit so there's a nice pedestrian movement on that side. So with that we believe that again it's a nice amenity. I again, a conditional use is required. There are findings in the staff report, and I apologize for the smmnm3~ report in your staff report. We left out some of the motions and minutes so if I can just reference you back to starting, the motions start on page 9. You can' follow there. The Minutes that were attached in your packet that you approved as part of the consent agenda, are the Minutes that are consistent with these motions. They've also been modified to reflect the amendments that the Planning Commission made so with that I would recommend approval of those four motions and I'd be happy to answer any questions that you have. Mayor Furlong: Questions for staff. Councilman Lundquist: Kate, on the two eastern sections of that piece, isn't there a house or some structure on one of those right now? Kate Aanenson: There's currently a house on that site. And the church does own that house. Councilman Lundquist: Okay, so does this rezoning affect that property? Obviously they're going to tear it down eventually. Kate Aanenson: The house is,consistent with that A2 zoning so when they're ready to move that off. Councilman Lundquist: Okay. Councilman Labatt: Can you just kind of ballpark where that house is on that site plan you're looking at? Kate Aanenson: Wliere the house is? Councilman Labatt: Where the house currently might be sitting. Just so I can try to get a. Kate Aanenson: I think I can get pretty close. Bill Sanders: Yeah, that's right. Kate Aanenson: The old Schlenk.property. Councilman Labatt: Yeah. Mayor Furlong: Kate the, just for clarification. The additional conditions, 17 through 20 were added at the Planning Commission, is that correct? Kate Aanenson: That's correct. 13 City Council Meeting - May 27, 2003 Mayor l~urlong: Okay, and I take it by the item 17, which is a sidewalk as shown will be included. Kate Aanenson: The sidewalk is shown on the site plan. Unfortunately it was missed by the staff but it is currently on their site plan. It's their intention to complete that sidewalk on the property. Mayor Furlong: So they would pay for that sidewalk and it's installation? Kate Aanenson: That's correct. And those street lights. Mayor Furlong: Okay. And is staff in concurrence with the additional conditions of the Planning Commission? Kate Aanenson: That's correct. Mayor Furlong: Thank you. Other questions at ail for staff?. If there is none, is the applicant here this evening? It's not a public hearing but if you'd like to address the council or raise any issues. Good evening. Bill Sanders: Good evening. I'm Bill Sanders. I'm a landscape architect that prepared the planning work for the church and here tonight too is Father Larry Blake with the St. Hubert's so we're happy to respond to any questions. If you'd like a presentation we can do that. If not we'll respond to questions. Mayor Furlong: good, thank you. Any discussion? Thank you. Are there any questions at this time for the applicant? No. Very Thanks for coming. With that we'll bring it back to council for discussion. Councilman Peterson: I think it's a reasonable request. The only thing that I would maybe throw in and no pun intended when I say good faith. One of the things that we've had a relationship, the City' s had a relationship with St. Hubert's for quite some time. We have old St. Hubert' s church. Now we as a council haven't talked about that. This is kind of, you know having this come before us tonight generated my mind working a little bit saying, should we truly be in the church business of managing and operating a church, and I don't think tonight's the night that we necessarily should discuss that but I'd like to potentiaily present it to you Father Blake to, I think my perspective is that the City shouldn't be in the church leasing business and if we can in a good faith effort potentially work with staff to potentiaily return the church back to you for managing it, I think that would be a nice thing to have happen. So as a matter of point of discussion only, I'd certainly like you to consider that and work with staff to see what we can do to benefit both parties. Father Larry Blake: I don't know if it's proper for me to respond to that but I'd like to say, Father Larry Blake. I'm the Administrator at St. Hubert's and we have in years past, recent years past, with the previous city manager, been in discussion about that property and kind of came to an impasse about it and then Todd's predecessor moved on and we've not opened up that discussion with Todd but I think we'd be willing to do that with Todd and the staff down the road. Councilman Peterson: I think it'd be great. 14 City Council Meeting - May 27, 2003 Mayor l~urlong: Good; thank you. Any other discussion? No? Okay. I would concur with Councilman Peterson. I think this is a reasonable request and will be a good addition in this area so with that, is there a motion? Or series of motions. Councilman Peterson: I'd make a motion that the City Council adopt the land use plan amendment, the rezoning amendment, conditional use permit and the site plan as presented by staff this evening. Mayor Furlong: Is there a second? Councilman Labatt: Second. Mayor Furlong: A second's been made. Is there any discussion on the motion? Councilman Lundquist: For clarification that was the site plan with conditions 1 through 20. Councilman Peterson: That's aff'u-mative. Mayor Furlong: Any other discussion? If there is none we'll call the question without objection. Councilman Peterson moved, Councilman Labatt seconded that the City Council approve Land Use Plan amendment ~03-1 from Residential-Medium Density to Public/Semi-Public contingent on Metropolitan Council review and approval of the amendment. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Councilman Peterson moved, Councilman Labatt seconded that the City Council approve Rezonlng ~03-1 of the property from Single Family Residential, RSF and OI, Office Institutional to Agricultural Estate District, A2, with the following conditions: 1. Approval of the rezoning is contingent upon approval of the land use plan amendment, conditional use permit and site plan. 2. Zoning of the church portion of the site shall remain Office Institutional. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Councilman Peterson moved, Councilman Labatt seconded that the City Council approve Conditional Use Permit, CUP 02003-1, to permit the use of the property for a cemetery, subject to the following conditions: 1. The applicant enters into a conditional use permit agreement with the City. 2. Approval of the conditional use permit is contingent upon approval of the land use amendment and rezoning. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Councilman Peterson moved, Councilman Labatt seconded that the City Council approve Site Plan 02003-3, plans prepared by Sanders, Wacker, Bergly, dated April 4, 2003, subject to the following conditions: City Council Meeting - May 27, 2003 ~e applicant shall enter into a site plan agreement with the City and provide necessary security to guarantee erosion control, site restoration and landscaping. Building Official conditions: ao the The owner or their representative shall meet with the Building Inspections Division to determine permit requirements. A maximum graded slope of 3:1 is allowed. Revise the grading plan in the south central portion of the site to comply or install a retaining wall. The applicant shall install water service for irrigation of the site. 10. All plans must be signed by a registered professional engineer. The grading plan shall be revised as follows: Add Type I silt fence along the north property line of the site and Type II silt fence along the east and south property limits. Show all existing site features, i.e. house, driveways, street lights and sidewalk along West 78t~ Street, utilities within West 78~ Street. Add the benchmark used for the site survey to the plans. Revise the legend to define all of the different line types, i.e. utilities, existing and proposed contours, etc. Add a rock construction entrance per City Detail Plate #5301. Show pedestrian ramps at all necessary locations, per City Detail Plate #5215. Add the following City Detail Plates: 5203, 5300, 5301, 5311 & 5312. Show the location of the existing house on the "Existing Conditions" plan. All disturbed areas as a result' of construction activities shall be immediately restored with seed and disc mulch or wood fiber blanket or sod within two weeks of completion of each activity in accordance with the City's Best Management Practice Handbook. The applicant shall apply for and obtain permits from the appropriate regulatory agencies, i.e. Watershed District, Minnesota Pollution Control Agency and comply with their conditions of approval. All of the existing curb cut accesses shall be removed and restored with sod, sidewalk, and curb. 11. 12. 13. 14. Concrete driveway aprons are required at the two proposed access points for the new driveway. The driveway aprons shall be constructed per City Detail Plates #5207. Removal of the existing single family home will require a permit. Approval of the Site Plan permit is contingent upon approval of the land use amendment, conditional use permit and rezoning. Phase I of the expansion shall include the construction of the internal roadway and landscaping along the roadway and West 78a Street. 16 City Council Meeting - May 27, 2003 15. All parcels shall be combined under a single Parcel Identification Number. 16. Ground water testing shall be done to determine high water table and springs located on the site. 17. That the sidewalk as shown on the plan be included as shown. 18. The applicant shall submit storm water and runoff computations to include the rain garden treatment and storage capacities to the staff to ensure existing runoff rates are maintained and not increased. 19. Add the word "potential" to pedestrian bridge references. 20. The applicant shall install and pay for a street light along West 78t~ Street. The location of the light fixture shall be worked out with the engineering staff. All voted in favor and the motion carried unanimously with a vote of 5 to O. REQUEST FOR PRELIMINARY AND FINAL PLAT APPROVAL TO CREATE TWO LOTS ON LOT 1. BLOCK 1. ARBORETUM BUSINESS PARK 2s° ADDITION: AND SITE PLAN REVIEW FOR A 20.000 SOUARE FEET (EXPANDABLE TO 28.000 SOUARE FEET) OFFICE WAREHOUSE BUILDING. 2932 WATER TOWER PLACE. ~EFF PEDERGOIS AND STEINER DEVELOPMENT. INC.. VENGRA DESIGN. Public Present: Name Address Peter Kordonowy JeffBerends Jeff Podergois 810 Ramsey Avenue, Carver 3610 County Road 101, Minnetonka 1620 West Farm Road Bob Generous: Thank you Mr. Mayor, Council members. Arboretum Business Park is an office industrial l~ark on 5 and 41. The property that's being proposed for subdivision is right on the north side of Water Tower Place and Highway 41. The subdivision's very straight forward. They're creating two lots. The smaller one is the one that's in for site plan review. It would be the easterly lot. In the future an office showroom space would be developed on Lot 1. They're doing preliminary and final. There are no public improvements required as part of this subdivision. Everything's in place. They're just putting in a new lot line. The site plan is for 20,000 square foot building. It's office warehouse space. It complies with the design standards for the development. The original building elevation, staff was concerned that they provide additional windows on the south elevation which is adjacent to Water Tower Place, and that they break up the building along it's length. They've agreed to make changes to the front elevation by creating more windows as part of the entrance. And then they're also going to put in some vertical elements on the side and that will help break up that length. Staff was recommending approval of the subdivision and site plan subject to the conditions in the staff report. The Planning Commission did recommend approval of both the subdivision and site plan. With that I'd be happy to answer any questions. Mayor Furlong: Thank you. Are there questions for staff at this time? 17 City Council Meeting - May 27, 2003 Councilman Peterson: Bob the only one that I had, not having a copy of the Planning Commission minutes, it's tough to, I don't want to be redundant but one of the things as I look at the color patterns, knowing that these things are very difficult to get tree colors. It just seems more bland than what we've normally got coming in. There wasn't much color separation and I don't know whether that was talked about at the Planning Commission or not. Bob Generous: It wasn't a big issue there and I do have materials upstairs. I forgot to bring them down. They're not quite like that. They're more sand color. More natural color. The windows were the big element that we were concerned with. That's going to be it's big presence. They are doing extensive landscaping on the site so you don't get that green in with the dark block color. Councilman Peterson: And that's really what I was, you look at the color picture. It's all so brownish green that it just kind of disappears. Anyway, good thanks. Mayor Furlong: Other questions for staff?. If there is none, is the applicant here this evening? Are there any issues you'd like to bring up to the council at this time? Okay. Very good. Yes. Steve Lillehaug: Mr. Mayor, councilmen, I'm Steve Lillehaug with the Planning Commission. I would like to touch on something also, if I could. Mayor Furlong: Sure. Steve Lillehaug: We added condition number 19, now it's 17 and it stated future expansion of Lot 2 is contingent upon proof of adequate track circulation on the site. We did have extensive conversations regarding the access and to incorporate the site plan for the future Lot 2 as there is cross access agreements that will have to be made for that. At this point I want to just stress a little on this condition that it should not only be contingent upon future expansion of Lot 2, but it should also be contingent upon the interconnecfion of State Highway 41 because the cul-de-sac will reconfigure the internal circulation of that site to development. So in essence it's cuffing off the westerly access point so the tracks will have to be routed back through, and just looking on this sketch here. The trucks will be routed from Lot 1, around Lot 2 and currently they'll be able to go through this cul-de-sac portion of the roadway, but when 41 is connected to Water Town Place, this access will be deleted so this track traffic will have to be routed back through this parking lot. So I would like to have you look at adding the contingency of when it's connected with Highway 41. Mayor Furlong: Okay, thank you. Comments from staff?. Kate Aanenson: We concur. We did talk to the applicant regarding not only the expansion but the types of trucks and the trips being generated. Also I think the Planning Commission thinking ahead if this use changed, we're on notice, every business has a different type of delivery and exporting so we would let the applicant be on notice that they need to be aware of how this operates and affects the next one. Certainly the underlying property owner in the lease agreements has to be aware of that too but we think that's important and we're happy to modify that condition. Mayor Furlong: Okay. Do you have some suggested language for us? Kate Aanenson: Well I think if you take 17 and just leave it as it is and then say the interconnection, furore connection of Century Boulevard to 41. To State Highway 41. 18 City Council Meeting - May 27, 2003 Bob Generous: Water Tower Place. Kate Aanenson: Water Tower Place, excuse me. Water Tower Place to State Highway 41. Councilman Lundquist: So that would be condition 18 or? Kate Aanenson: I would just modify 17. Just say future expansion of Lot 2 is contingent upon adequate track circulation and the connection of Water Tower Place to State Highway 41. Mayor Furlong: And Kate have you had this discussion with the applicant and in this case it would probably be Steiner Development. Kate Aanenson: Correct. Mayor Furlong: ...particularly concerned about that and they're in concurrence? Kate Aanenson: Yes. Mayor Furlong: Okay. Any other comments at this point? Councilman Lundquist: Steve would that language satisfy the Planning Commission's? Steve Lillehaug: That would be adequate, yes. Councilman Lundquist: Okay. Mayor Furlong: Any other questions .at this time? If not, I'll bring it back to council for discussion. Is there any discussion on the application? Councilman Ayotte: I'd like to ask the question. With Steve's cormnent and concern, although he says this is fine. With regard to the size of tracks and so forth, how did you address it? I don't know if I caught that. Kate Aanenson: The applicant, as part of the minutes. You don't have as detailed minutes on this. The applicant did explain the types of trucks, the volume, the frequency and for an industrial type it's more showroom type. They don't have the same volume as a production, but that doesn't mean a production use couldn't go in in the future, which I think the Planning Commission again thinking ahead, anticipating it. Everybody's on notice that both properties have to work together in the future. Councilman Labatt: So, are ,we talking the 52 trailers coming in here? Kate Aanenson: No. Councilman Labatt: So there won't be any 18 wheelers? Kate Aanenson: Not with this project, no. Councilman Labatt: Okay. 19 City Council Meeting - May 27, 2003 TOdd ~rhardt: But if they Should happen to sell the building... Kate Aanenson: Right. Bob Generous: That could be accommodated on the existing site plan. It's the expansion that becomes a problem. Kate Aanenson: Right. Right, and again this doesn't have the same size loading docks as some of the other buildings there so it's form function sort of thing but it's just good to keep everybody on notice that the other use could you know kind of exasperate what's going on so. Mayor Furlong: Okay. Good, thank you. Thank you Steve. Other discussions? Questions? I guess my only comments is I know the, Mr. Podergois is currently, his business currently is in Chanhassen and that this is due to a growth of his business so it's nice to see local businesses growing and expanding and choosing to stay here in Chanhassen so we appreciate that. ff there is other discussion. No? Otherwise is there a motion, or series of motions? Councilman Lundquist: Motion to approve Site Plan g2003-4, prepared by Steiner Construction Services dated April 4, 03 with conditions 1 through 17, and 17 having the additional language at the end. And connection of Water Tower Place to Highway 41. Mayor Furlong: ff we can defer that. Do we need to do the other motion first? Councilman Lundquist: Did I skip one? Oh I did. Councilman Labatt: Preliminary and final first. Mayor Furlong: Okay, so let's do the preliminary and final fn'st. Councilman Lundquist: Motion to approve the preliminary and final plat for Arboretum Business Park 5th Addition subject to conditions 1 through 14. Mayor Furlong: As presented. Is there a second? Councilman Peterson: Second. Mayor Furlong: Any discussion on that motion? If there is none we'll call the question without objection. Councilman Lundquist moved, Councilman Peterson seconded to approve preliminary and final plat for Arboretum Business Park 5a Addition creating two lots as shown on plans prepared by Schoell & Madsen, Inc., dated April 4, 2003, subject to the following conditions: The development of the lots must comply with the Arboretum Business Park Development Design Standards. Prior to final plat approval, a professional civil engineer registered in the State of Minnesota must sign all plans. City Council Meeting - May 27, 2003 3~ The applicant will be required to submit storm sewer sizing design data for a 10 year, 24 hour storm event with a drainage area map. The interior lot storm sewer will require private easements to be dedicated where the sewer crosses from one lot to another. ~ Staff recommends that Type II silt fence be used. The applicant should be aware that any off-site grading will require an easement from the appropriate property owner. Silt fence shall be removed upon completi°n of construction and re-vegetation of the site. Installation of the private utilities for the site will require permits and inspections through .the City's Building Department. 7. Add City Detail Plate Nos. 1006, 2101, 3101, 5201, 5300 and 5214. The underlying property has been previously assessed for sewer, water and street improvements. The remaining assessment due payable to the City is $47,616.22. This remaining balance may be re-spread against the newly platted lots on a per area basis or paid at the time of final platting. In addition, the sanitary sewer and water hookup charge is $1,400 per unit for sanitary sewer and $1,876 per unit for the watermain. The hookup charges are based on the number of SAC units assigned by the Met Council for the new lots. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the time of building permit issuance. Permits from the apprOpriate regulatory agencies must be obtained, including but not limited to the Watershed District. 10. On the plan sheets show the 20 foot private drainage and utility easement for the storm sewer. 11. On the utility plan: a) b) Add note "Any connection to existing utility structure must be core drilled." Revise CB 1 to CBMH 1. 12. On the grading plan: a) b) c) d) Revise MG1 to CBMH 1 Show the benchmark used for the site survey. Revise construction entrance note from 35 feet to 75 feet minimum. Revise the berm side slope to 3:1 maximum. 13. Cross-access easements for the shared driveway access must be obtained and recorded against the lots. 14. Full park and trail fees shall be collected per city ordinance for all lots in the Arboretum Business Park 5th Addition at the time of final plat recording. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Furlong: Is there another motion? Mr. Lundquist. 21 City Council Meeting - May 27, 2003 ~0unciiman Lundquist: D° you want me to say that whole thing again? Motion to approve the site plan 2003-4 as presented subject to conditions 1 through 17, with the addition of and connection of Water Tower Place to Highway 41 at the end of condition 17. Mayor Furlong: Thank you. Is there a second? Councilman Peterson: Second. Mayor Furlong: Is there any discussion on the motion? If there is none we'll call the question without objection. Councilman Lundquist moved, Councilman Peterson seconded to approve Site Plan 02003- 4, plans prepared by Steiner Construction Services dated April 4, 2003, for a 20,000 square foot, one story office warehouse building on Lot 2, Block 1, Arboretum Business Park 5t~ Addition, subject to the following conditions: The developer shall enter into a site plan agreement with the city and supply the security required by it. The applicant shall work with the city to revise the landscape plan so that it meets minimum requirements prior to final approval. A 10 foot clear space must be maintained around fire hydrants, i.e. street lamps, trees, shrubs, bushes, Qwest, Xcel Energy, Cable TV and transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance g9-1. The builder must comply with water service installation policy for commercial and industrial buildings. Pursuant to Inspection Division Water Service Installation Policy #34-1993. The building must comply with the Chanhassen Fire Department/Fire Prevention Division regarding maximum allowable size of domestic water on a combination water/sprinkler supply line. Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #36-1994. The builder must comply with the Chanhassen Fire Department/Fire Prevention Division regarding premise identification. Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy g29-1992. The building must comply with Chanhassen Fire Department/Fire Prevention Division regarding notes to be included on all site plans. Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy g4-1991. The hydrants as shown on the plan are acceptable. However, if building is expanded in the future an additional fu'e hydrant may be required. The owner may want to consider adding the additional hydrant at this time. Please contact the Chanhassen Fire Marshal for exact location. Submit to Fire Marshal type of business that will be moving into the building, i.e. office/ warehouse, storage and other information necessary. 22 City Council Meeting - May 27, 2003 10. 11. Mechanical equipment, satellite dishes, other utility hardware and trash enclosures, whether located on the roof or exterior of the building or on the ground adjacent to it, shall be screened from the public view and with materials identical to or strongly similar to building material or by heavy landscaping that will be effective in winter. The building is required to have an automatic fire extinguishing system. 12. The building plans must be prepared and signed by design professionals licensed in the State of Minnesota. 13. Three (3) accessible parking spaces must be provided. 14. Detailed occupancy requirements cannot be reviewed until complete building plans are submitted. 15. The owner and/or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. 16. Type II silt fence shall be used. The applicant should be aware that any off-site grading wilt require an easement from the appropriate property owner. Silt fence shall be removed upon completion of construction and re-vegetation of the site. 17. Future expansion of Lot 2 is contingent upon proof of adequate track circulation on the site and the future connection of Water Tower Place to Tnmk Highway 41. All voted in favor and the motion carried unanimously with a vote of 5 to 0. CONSENT AGENDA: Mayor Furlong: I assume you want to take these separately Mr. Lundquist? Councilman Lundquist: Yes. A. FUTURE CHANGE ORDER FOR ADDITIONAL WORK ON TH 101, 97-12-3. Councilman Lundquist: l(a). My concerns were first of all, Teresa thanks for the heads up and giving us some warning that this is coming. But my concerns are, as I'm reading through the list of change on punch list, I see a lot of redo and repair and items like that on the 57 conditions and then the comments about, the remarks about re-hydro seeding when it didn't come out right the first time. Realizing that this is a walk through and that you're creating a punch list, my concerns are that we just pay attention to what is truly our responsibility versus what is the contractor's responsibility for repairing something that wasn't done properly the. first time. Teresa Burgess: And that will be taken into account in negotiating the change order. Some of these items will appear on the change order as no cost. Some will not appear at all. However, residents separate the list out, I felt it was better for the council to see the full list of items that remain on the trail. Councilman Lundquist: Okay, fair enough. 23 City Council Meeting - May 27, 2003 Mayor Furlong: Any other iSsues or questions? ff there are none, is there a motion to approve? Councilman Peterson: So moved. Mayor Furlong: Is there a second? Councilman Lundquist: Second. Mayor Furlong: An y discussion on the motion? Heating none we'll call the question. Resolution g2003-50: Councilman Peterson moved, Councilman Lundquist seconded to approve the future change order for additional work on TH 101, City Project 97-12-3. All voted in favor and the motion carried unanlmously with a vote of 5 to 0. C. AWARD OF BID, BLUFF CREEK RESTORATION PROJECT, SWMP 12'Y. Councilman Lundquist: Concerns on this one. Todd, we're funding out of the CIP, storm and water fund. And 12 on the CIP plan is approved in December. Is the $305,000 category, and although this is substantially less than that, my concern is that we've committed I believe one or maybe more projects out of that fund this year and just for my own piece of mind, do you have a figure that we previously committed? Todd Gerhardt: We have two projects underway right now. The one that you're approving tonight and the last item that you approved about a month ago was the Lake Susan pond restoration and expansion. Both projects total about $245,000 and that leaves us with roughly about $50,000, $55,000 in miscellaneous projects that Lori will be approving that are underneath the contract language where the council would have to see it. Councilman Lundquist: Okay. Todd Gerhardt: So we will be below the CIP budget this year. Councilman Lundquist: Good. Mayor Furlong: Any other questions? If there is none, is there a motion? Councilman Labatt: Move approval. Mayor Furlong: Is there a second? Councilman Ayotte: Second. Mayor Furlong: Any discussion on the motion? Resolution g2003-51: Councilman Labatt moved, Councilman Ayotte seconded to approve the award of bid for the Bluff Creek Restoration Project, SWMP 12-Y. All voted in favor and the motion carried unanimously with a vote of 5 to 0. COUNCIL PRESENTATIONS. None. City Council Meeting - May 27, 2003 ADMINISTRATIVE pRESENTATIONS. Todd Gerhardt: The only item I have to update, we did meet with the School District 276 as a part of our leader meeting there, Mayor Tom Furlong and myself attended last Tuesday's meeting. They're looking at approximately 118, if I remember right. 118-111 drop in enrollment in the school district next year so they will be looking at approximately $600,000 worth of budget cuts as a part of that enrollment decrease. And are moving ahead in doing environmental review on possibility of building a dome where the football field sits right now. And looking at artificial turf and using that as more of a multi-purpose facility for indoor activities during our winter months. So other than that, everybody talked about waiting for the legislators to get done and see what the impact is. Mayor Furlong: Any questions for Mr. Gerhardt. If there are none, thank you. CORRESPONDENCE DISCUSSION. Councilman Peterson: How significant is Kelley's award? Is that pretty big deal or average deal or? Todd Gerhardt: I'd, average. A lot of communities looked at it from project to project type of arrangement with infiltration. What he did was an overall assessment of some of our infiltration and then will take part of that analysis and do it from a year to year basis. It was like investing the wheel for these people and they gave Kelley recognition for that and he did'a great job. Councilman Peterson: So recognized. Mayor Furlong: Very good. Any other questions? Discussion? ff there is none, and no other items to come before the council this evening, is there a motion to adjourn? Councilman Peterson moved, Councilman Ayotte seconded to adjourn the meeting. All voted in favor and the motion carried. The City Council meeting was adjourned at 8:15 pan. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 25