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CC 2003 07 28CHANHASSEN CITY COUNCIL REGULAR MEETING JULY 28, 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 Ayotte, Councilman Peterson, and Councilman Lundquist COUNCIL MEMBERS ABSENT: Councilman Labatt STAFF PRESENT: Todd Gerhardt, Roger Knutson, Justin Miller, Teresa Burgess, Kate Aanenson, and Todd Hoffman PUBLIC PRESENT FOR ALL ITEMS: Janet & Jerry Paulsen Debbie Lloyd Tom Workman Fudd, Elmer Joshua Duff Bruce Feik 7305 Laredo Drive 7302 Laredo Drive Chanhassen Chanhassen 7317 Pontiac Circle Planning Commission APPROVAL OF AGENDA: Mayor Furlong: Thank you. Good evening to everyone here and welcome to everybody watching at home. We'd like to start the agendas were distributed, are there any changes to the agenda? Todd Gerhardt: Mayor, council members, I'd like to table item number 4 to allow staff additional time to research some new information that came available today. Mayor Furlong: Okay, without objection item 4 will be tabled. Todd Gerhardt: And just for the public, that's a compliance check with Axel's Restaurant. Mayor Furlong: Okay, if there are no other changes, without objection the agenda will be approved. Hearing none. PUBLIC ANNOUNCEMENTS. RECOGNITION OF CHANHASSEN AMERICAN LEGION CLUB POST 580 DONATION: COMMANDER BERNARD HAMILTON AND GAMBLING MANAGER, PAUL DIFFERDING. Mayor Furlong: One public announcement this evening, we wanted to take an opportunity to recognize some of the financial contributions that the Chanhassen American Legion Post 580 has made to the city this year. And two substantial contributions they've contributed over $27,000 that has gone towards meeting a variety of needs for the city. In the Park and Rec Department, some of these funds contributed to children's entertainment program, the 4th of July Street Dance, and other programs for children and adults. And Fire Department, there was a number of different items, defibulators, and other gear and equipment for the fire fighting department. City Council Meeting- July 28, 2003 Crime Prevention, some of the money donated contributed towards a Senior Safety Seminar and other programs, and as well for our senior center, so while these are just a sampling, we wanted to take an opportunity to publicly recognize the Legion and thank them for their contributions, financial contributions and on behalf of all the residents and City Council, I'd like to publicly thank Commander Bernard Hamilton and Gambling Manager Paul Differding for their generosity and would hope that everybody recognize them and thank them as well. CONSENT AGENDA: approve the following recommendations: Councilman Peterson moved, Councilman Ayotte seconded to Consent Agenda items pursuant to the City Manager's b. Approval of Request for a Conditional Use Permit for a Fence in Excess of 6.5 feet, 8140 Maplewood Terrace, Alison Blackowiak c. Resolution #2003-64: Approval of Document Retention Schedule. d. Approval of Minutes: -City Council Work Session Minutes dated July 14, 2003 -City Council Verbatim and Summary Minutes dated July 14, 2003 Receive Commission Minutes: -Planning Commission Summary and Verbatim Minutes dated July 1, 2003 -Park and Recreation Commission Summary and Verbatim Minutes dated June 24, 2003 Resolution 02003-65: Approval of Resolution Supporting Funding for the Construction of Highway 212 in the Southwest Metro Area. All voted in favor and the motion carried unanimously with a vote of 4 to 0. VISITOR PRESENTATIONS. None. LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE. Sgt. Jim Olson: Good evening. Beautiful night tonight. You have in your packet a copy of the city report for Chanhassen for the month of June. I have also included in there an update from Jeff Meixner, the Community Service Officer and also from Beth Hoiseth, the Crime Prevention Specialist for the city. I've also put in some crime updates, or crime alerts that Beth Hoiseth has put out. First I'd like to go over the reports, or briefly go over the reports that the city received. Total calls for service for the month compared to last year was up by 170. I attribute some of that to higher traffic details for the month. Last year we did 6. This year we did 38. Traffic stops were up by 37. Citations were up by 55 from last year. 245 for this year compared to 190 for last year. We did have burglaries that were up for this year from 4 to 9. We also had damage to property and I'll talk a little bit about these two things a little bit later, but damage to property is up to 23 to 45 for the month. Suspicious activity was up by 34. That's a good thing. That means people are calling in and telling us about what's going on in the city, so that's a good thing. Medicals were up by 15, so medicals have been up this month as well as pretty much all year. Alarms were up by 13 and accidents were down for the month which is a good thing. Reference burglaries, we're still seeing some business burglaries around the city. We're not seeing a pattern to them at this time with the ones we've had in the past month, but our investigation is looking into it and again I encourage people to give us a call if they see anything that looks unusual in any of the business areas or parking lots or so on. On July 17~ Chanhassen sponsored a Safety Camp City Council Meeting - July 28, 2003 for the seventh year. There were 90 kids that were registered this year which is a good number. It was a beautiful day. The kids had fun and they even learned something, which is important. Some of the topics that were covered were water safety, bike safety, animal safety and they even had a helicopter that flew in from the National Guard and a talk about drugs and the kids seemed to really enjoy that. Beth did a real good job with organizing it this year, as she does every single year and Beth is an asset for the city. August 5th is National Night Out this year and this is a nationwide program to get people involved in crime prevention and to get people to know their neighbors. There's about 30 Neighborhood Watch organizations this year that are involved in the National Night Out. Law enforcement as well as I know some city council people will be coming out. We also have posse people, or posse members and fire department that will be visiting the National Night Out groups that have signed up. If you don't have a Neighborhood Watch organization at this time, where you live and you're interested in starting one, contact Beth Hoiseth at 952-227-1610 and Beth can help you out with starting a Neighborhood Watch in your community. I also want to talk about vandalism a little bit. Vandalism is still up and we're not, we don't have a real good handle on that at this point. I encourage people if they see anything suspicious, just like the burglaries, to give us a call. And parents also, if you could try to have an idea where your kids are at at night and what they're doing, that would certainly help us with trying to get a handle on the vandalisms that are going on around the city. Comments or questions from City Council for me. Mayor Furlong: Questions council? Councilman Ayotte: A couple. With the program that you, I know you were doing some research. I don't know if you had any further success on the curfew enforcement. Can you talk to that at all? Any other development? Sgt. Jim Olson: Sure, I've gotten some information from some cities that have done that. Crystal had a multi-jurisdictional project that they had out involving 6 or 7 communities that was somewhat successful. They had a lot of people that were involved from around the Hennepin County. They have stopped that this year now because of funding issues and they also had some cities that dropped out of it over the past couple of years, so it started out very well and then went downhill somewhat I think. Champlin does a, for kids that are picked up and are charged, they do a divergent program with the kids and I also believe with the parents that are involved, that they've had some good luck at. I'm looking at the second one. The problem that we're having with trying to do some big pushes around the county is people stay with these kids. Our Reserve program is pretty tapped at this time and we don't have the people available to stay with the children once they've picked them up. I talked with the County Attorney's office and we do need to stay with these kids until we get some other alternatives for them to go. So I'm still working on a couple of other things, but right now I'm trying to get something going with the program after they get picked up. Mayor Furlong: As a follow-up Sergeant, could you remind us what the hours are for the current curfews. Do you have those with you and approximately? Sgt. Jim Olson: From 15 to 17 years old it is 11:00 Monday through Thursday and then it's 12:00 for Friday and Saturday. For 13 to 15 years old it is 10:00 Monday through Thursday and then 11:00 on Friday and Saturday. And then for the 11 to 13 years old it is 9:00 and then it goes to 10:00 if I remember correctly. Mayor Furlong: Okay, thank you. City Council Meeting - July 28, 2003 Sgt. Jim Olson: So thank you. Mayor Furlong: Other questions for Sergeant Olson. No? Very good, thank you. Sgt. Jim Olson: Thank you, have a nice evening. Mayor Furlong: Thank you. We did receive in the packets a report fi.om the fire department. There is no representative here tonight. Were there any questions fi.om council to be directed towards staff as follow-up questions. There were none. Any comments then in addition? Okay. Todd Gerhardt: As to the curfew, we can air that over the cable access channel too as an item, just so everyone understands that. Mayor Furlong: Good. I think we are now at number 2. PUBLIC HEARING: VACATION OF RIGHT-OF-WAY ON GOOSEBERRY ROAD, FILE VAC 2003-2. Public Present: Name Address Randy & Bobbie Schlueter Jason & Cindy Boldenow Joe Betz Patrick McRaith 580 Fox Hill Drive 6890 Lotus Trail 6940 Lotus Trail 6900 Lotus Trail Teresa Burgess: Thank you Mr. Mayor. If we could zoom in. The property owners at 6890 Lotus Trail have requested the vacation of a section of right-of-way. The section that they've requested is this piece right here known on the plat as Gooseberry Road. The eastern section of this piece goes directly adjacent to their property has never been improved except for a private driveway. The western section has been improved with a gravel surface, however it is not intended to bring this through because of the steep grade in the area. A little bit better map to show the proposed vacation. The property owners originally petitioned for this piece that is outlined as proposed vacation. When staff reviewed it, it was determined that it was really not feasible for us to retain this piece and didn't make any sense so staff has recommended that we vacate the entire 40 foot easement and retain a 30 foot utility and drainage easement across that portion as well as requiring an easement for the neighboring property private driveway. The property owners have stated their intention to attempt to split their property. They would like to include this piece into their property to do that. The purpose of us vacating it is simply to give up our rights to the property. The property owners have to go to the County to apply to take that piece of property. The property owners to the south have been informed of their rights as well as their ability to go and claim that piece that staff is also recommending being vacated. If there's any questions I'd be happy to answer those, otherwise tonight is a public hearing. Mayor Furlong: Thank you. Questions for staff. No? Okay. Thank you. At this time I'd like to open up the public heating on this matter. Residents and others are invited to come forward and present their opinions to the council. If there's none, nobody wishing to speak, at this time then we'll close the public heating and bring it back to council for discussion or additional questions. Any items of discussion? On this. If there's none, is there a motion? City Council Meeting -July 28, 2003 Councilman Peterson: I move that we approve the resolution vacating a portion as presented this evening. Councilman Ayotte: Second. Mayor Furlong: Motion's been made and seconded. Is there any discussion? Teresa Burgess: Mr. Mayor, if I could please request, we do need the easement, the conditions of that resolution to be stated with the easements. Councilman Peterson: As presented by staff in the report. Mayor Furlong: Conditions 1 through 3 as presented. Is that sufficient? Teresa Burgess: Yes, thank you. Mayor Furlong: Thank you. It's been made and seconded. If there's no discussion, without objection we'll proceed with the vote. Resolution 02003-66: Councilman Peterson moved, Councilman Ayotte seconded that the City Council approves a resolution vacating a portion of the public fight-of-way on Gooseberry Road as defined in the attached vacation description, subject to the following conditions: . A 30 foot wide utility and drainage easement shall be retained over the existing sanitary and water lines. . A private driveway easement is required for the portion of the driveway for 6900 Lotus Trail that crosses the north half of the vacated right-of-way. . The vacation shall include the entire 40 foot wide right-of-way adjacent to 6890 Lotus Trail. Ail voted in favor and the motion carried unanimously with a vote of 4 to 0. CLEARWATER DEVELOPMENT, NORTHEAST CORNER OF THE INTERSECTION OF HIGHWAYS 5 AND CENTURY BOULEVARD (SOUTH OF WEST 78x~ STREET): Ae PHASE I: PRELIMINARY PLAT OF AN OUTLOT INTO 2 LOTS: SITE PLAN REVIEW FOR THE CONSTRUCTION OF A CAR WASH, COFFEE SHOP/GAS STATION/CONVENIENCE STORE AND STRIP MALL: CONDITIONAL USE PERMIT TO ALLOW A CONVENIENCE STORE WITH GAS PUMPS WITH VARIANCES: AND A PLANNED UNIT DEVELOPMENT AMENDMENT TO ALLOW A DRIVE-THRU. B® PHASE II: PRELIMINARY PLAT OF AN OUTLOT INTO 1 LOT WITH AN AREA OF 1.95 ACRES: SITE PLAN REVIEW WITH VARIANCES FOR A MULTI-TENANT BUILDING ON PROPERTY ZONED PLANNED UNIT DEVELOPMENT. Public Present: City Council Meeting - July 28, 2003 Nflme Address Michael Thomas Scott Schmitt Kathleen Heller David & Jenn Forbes 548 Apollo Drive, Lino Lakes 24 So. Olive Street, Waconia 4536 35m Avenue, Minneapolis 437 Shakopee Avenue E, Shakopee Kate Aanenson: Thank you. This item appeared before the City Council on July 14th and was tabled to give the staff some time to review specifically the drive thru. Just as a refresher there was four items for consideration. One was the PUD amendment and there's actually two underlying PUD' s. One with the Vasserman Ridge and the other one Arboretum Village and the PUD amendment would accommodate the request from the applicant for a drive thru as well as criteria for the sign. The second action was for a conditional use permit which allow gas pumps with a convenience store. The third action would be a subdivision which would create three lots and then the final action being requested is a site plan approval. So with that, at your last meeting you directed the staff to develop some criteria for a drive thru and included in your packet was a review, a picture of a couple in Eden Prairie. The conclusion of the staff, we looked at that over the lunch hour. We did look at another drive thru coffee shop during the morning. Again you have to look at the scale of the center and kind of comparing apples to apples. If I can just put this over. This is two approximate locations where there's active. The third one we looked at wasn't open yet. A Caribou. This would be the Rainbow store in Eden Prairie, which on the end, behind Baker's Square is a drive thru, and it was observed that there was up to 7. It didn't seem to be a lot of stacking problems. There's a restaurant on either side. There wasn't similar conflicting possible traffic movements for the other ones. Maybe going into the restaurant might be a longer duration and kind of off-set peak hours. The other one that we looked at was in this location here. And at that drive thru there was a coffee shop that was opened in the morning, which has since closed, open til 10:00 and then after 10:00 you drive past that one and go to the Sub shop. And then there was also a car wash on the other side that you came through the other way so actually that one was probably a little bit more similar in the scale and the amount of trips generated. Again, going back to this site plan, the fuel station's kind of more the Kwik Trip, coming in and filling up and moving. Again the staff s concern is we did develop some criteria if the council chose to put the language in for the PUD amendment. Again in the past as I've indicated, some of these conditions of approval may be a little bit more difficult to try to manage or make sure they're in compliance. Specifically what they're selling, percentage of gross sales. Those sort of things. Again this is a BN district and staff had advised the applicant that we felt uncomfortable with that because there isn't any other BN neighborhood district that has a drive thru but there is the criteria in place should the council choose to do the drive thru. So with that, again there's 4 motions if you choose to put the drive thru, we did develop some criteria and reviewed that with the city attorney and I'd be happy to answer any questions that you have. Mayor Furlong: Any questions for staff?. On this issue. No? Okay, thank you. I see the applicant here, is there anything additional you'd like to add following last meeting? Okay, unless there are questions or follow-up questions for the applicant. Okay, thank you. With that we'll bring it to council for discussion on this matter. Councilman Peterson: Generally I think the development, I like it with the only exception of the drive thru. And I wasn't here at the last meeting but I diligently read the minutes and understand the different perspectives but my position over the years has been pretty clear. We've got an ordinance that says we don't allow drive thru's in these areas and whether it's a coffee shop or not, I don't feel comfortable saying what I'll allow as a drive thru and what I won't allow as a City Council Meeting -July 28, 2003 drive thru. Staff has come back with some ideas about how we could, if we do allow it, how we could do it and administering what they're requesting is certainly onerous trying, going on a yearly basis and finding their gross revenue and policing what they can and can't sell out of that drive thru I think is something that we're asking a lot of staff to do, which I don't think is appropriate so. At the end of the day I'm not going to be able to support a coffee shop or anything with a drive thru in that area, that we clearly have said that we don't want a drive thru. So other than that I think it's ready for approval. Mayor Furlong: Other discussion. Councilman Ayotte: I'm less enamored with it this time around than I was last time around because of the setting, I don't know why Kate you were there so long at the Starbucks. I think you could have gotten the same information in a much shorter period of time but we won't go into that. I'm still more or less leaning on the side of saying yes to a drive thru but with the importance of things in life today, yes or no to something like that isn't as important but I kind of side with the folks that want to put it in because I don't think it's that big of a deal, and I don't want to downplay your point Craig. I just don't think it is, I'm as fixed for not having it. I don't see a problem in having it so, but in terms of spending a lot of staff time monitoring something, that too is something I have a little bit of an issue with but I'd give in to a drive thru. Mayor Furlong: Maybe a follow-up question for staff. Are there other locations, commercial zoned or other zoning areas that this would be allowed without a variance or a conditional use within the city? I mean there are places within the city where you can have a drive thru obviously. Kate Aanenson: Yes. Mayor Furlong: We have some of those? Kate Aanenson: Yes. Mayor Furlong: So it's just this particular area with this PUD where it was specifically stated that they didn't want drive thru. Kate Aanenson: Neighborhood Business which doesn't permit the drive thru and the underlying, under the PUD the underlying district is Neighborhood Business so that was the intent. Mayor Furlong: Okay. Councilman Lundquist any comments? Councilman Lundquist: I'm also a little less enamored with the idea from last time. I like the way that the developer put forth the effort into going the extra mile to get that in there. However, it seems like a lot of work and a lot of administration and a lot of things to do to put a drive thru in for this one thing, and then down the road who knows what could end up in there and what kind of problems that could create down the road so I liked the development and everything with the exception of the drive thru. Mayor Furlong: Okay, thank you. My comments from last time, I won't repeat those but it's been expanded here from about two sentences of allowable conditions to 11 bullet points and I think either we should allow drive thru's in the area or we shouldn't. I guess I'm looking at more black and white rather than trying to pick which businesses we as a government body want to allow to have drive thru's and which ones we don't so from that standpoint again I can certainly City Council Meeting - July 28, 2003 you know, appreciate that a business such as a coffee shop would want a drive thru. At the same time this is not the area within the city where we've designated to have that and I don't, I haven't seen the compelling reason to make that change. So on that issue I guess I would, my thoughts haven't changed significantly, in fact if anything have been reinforced by the additional information that we've had. Before we, unless there's any discussion on the drive thru, I will ask that the other item was the location of the crosswalk. I probably should have asked this at your staff report, I apologize. Kate Aanenson: I'm sorry, I forgot to bring that up. There was a discussion on the sidewalk that was recommended. The Planning Commission recommended we carry it out through here. The direction from the public safety was that more than likely there's going to be crossing. They felt as long as there's going to be crossing we should try to do it safely. I'm not sure you're going to get concurrence between engineering and planning and public safety on this issue. We do believe some people are going to cross. Obviously the safest place is at the intersection. Really the only way to find out the true impacts of that is probably to use some sort of study, pedestrian movement study, so they felt like people are probably going to cross there and we should probably mark it as such and put the sidewalk in place. That was the direction of the public safety. Mayor Furlong: Okay. Do we have something similar to that? Is this layout and traffic flow similar for the Kwik Trip site down at Galpin and West 78th? Teresa Burgess: If I could answer that, no. We do not have the mid-block crosswalk at that location, and in hind sight we probably would put it in if we had had foreseen that potential. By putting in the crosswalk we're encouraging people to walk an extra 30 feet and cross so that they are protected by the raised median at the middle. Otherwise it's our anticipation people would stop on the yellow line. That's a wide street and we would anticipate that people will not be able to make it all the way across in one crossing. Mayor Furlong: Okay, thank you. I guess I continue to have concerns there, given that there's an intersection about how far to the west of that proposed crosswalk. Basically at the end of the property. Kate Aanenson: Basically they discussed at the Planning Commission to put the additional sidewalk. Mayor Furlong: Really we're talking about the crossing over West 78th there, correct? Kate Aanenson: Correct...was to depress this, as Teresa had mentioned, to depress the median so you're in the median area, at least you've got the protection of looking both ways and striping it. Mayor Furlong: Alright, thank you. Any discussion on that point or any other points from council? This is preliminary. We have four items. We need to handle them separately, is that correct? Kate Aanenson: Yes, and actually the motions start on, I forgot to mention that, page 19 would be the first motion. That would be for the PUD and then they follow the four. Mayor Furlong: Okay. Is there a motion related to the PUD? City Council Meeting -July 28, 2003 Councilman Peterson: I make a motion the City Council approve the Planned Unit Developme,nt Amendment in the commercial portion of Arboretum Village clarifying parking setbacks and establish sign criteria for both Arboretum Village and Vasserman Ridge contingent upon approval of the final plat of Arboretum Shopping Center as follows amended in bold as supplied by staff, conditions through 9. Mayor Furlong: And are you including or excluding the drive thru? Condition. Councilman Peterson: I would not. Mayor Furlong: Excluding. Roger Knutson: And that motion I assume includes the findings of fact relative to the drive thru? Councilman Peterson: That's affn'mative. Mayor Furlong: Is there a second? Councilman Lundquist: Second. Mayor Furlong: Is there any discussion on this motion? Hearing none we'll proceed with the vote without objection. Councilman Peterson moved, Councilman Lundquist seconded that the City Council approves the Planned Unit Development amendment in the commercial portion of Arboretum Village, clarifying parking setbacks and establish sign criteria for both Arboretum Village and Vasserman Ridge, contingent upon approval of the final plat of Arboretum Shopping Center as follows: ARBORETUM VILLAGE PLANNED UNIT DEVELOPMENT AMENDMENT WITHOUT DRIVE THRU: Arboretum Village (1992-2 PUD) PUD DEVELOPMENT STANDARDS b. Permitted Uses The permitted uses within the neighborhood commercial zone should be limited to appropriate commercial and service uses consistent with the neighborhood. The uses shall be limited to those as defined herein. If there is a question as to whether or not a use meets the definition, the Planning Director shall make that interpretation. The type of uses to be provided on this outlot shall be low intensity neighborhood oriented retail and service establishments to meet daily needs of residents. Such uses may include small to medium sized restaurants (no drive thru windows), office, day care, neighborhood scale commercial, convenience store, churches, or other similar type and scale uses as described in the Comprehensive Plan. No single use shall exceed 5,000 square feet. c. Setbacks The PUD ordinance requires setbacks from roadways and exterior property lines. The following table displays those setbacks. City Council Meeting- July 28, 2003 Setback From Collector Street From Exterior Lot Lines Interior Public Right-of-Way Hard Surface Commercial Required Minimum Proposed 50 feet 50 feet 30 feet 30 feet 30 feet 7 Variance granted by City Council 70% 68.3% Parking Setback if screening is provided 10 feet 10 feet e. Signage Criteria Monument Sign . , Lot 1 shall not contain any monument signs. In return, the applicant shall be permitted to place a 10 foot high sign with a maximum area of 48 square feet along Highway 5 on Lot 2. Lot 2 will contain one monument sign at the intersection of Highway 5 and Century Boulevard. The height of the sign shall not exceed 5 feet with an area of 24 square feet. All signs shall be built of materials similar to those used on the exterior of the buildings and complement their architectural design. The signs must maintain a minimum 10 foot setback from the property lines. Wall Mounted Signs . 2. 3. 4. 5. 6. . . . Building "A" shall be permitted signage along the south and west elevations only. Building "B" shall be permitted signage along the west and south elevations only. The gas pump canopy shall not be permitted to have any signage. The carwash shall be permitted to have one sign along the south or east elevation. All signs require a separate permit. The signage will have consistency throughout the development and add an architectural accent to the buildings. Consistency in signage shall relate to color, size, materials and heights. Back-lit individual letter signs are permitted. Individual letters may not exceed 30 inches in height. Only the name and logo of the business occupying the building will be permitted on the sign. The applicant must obtain a sign permit prior to erecting the signs on the site. A detailed sign plan incorporating the method of lighting, acceptable to staff should be provided prior to requesting a sign permit. Vasserman Ridge (2002-2 PUD): PUD DEVELOPMENT STANDARDS c. Setbacks The PUD ordinance requires setbacks from roadways and exterior property lines. The following table displays those setbacks. 10 City Council Meeting- July 28, 2003 Setback From Collector Street From Exterior Lot Lines Interior Public Right-of-Way Hard Surface Commercial Parking Setback if screening is provided Required Minimum Proposed 50 feet 50 feet 30 feet 30 feet 30 feet 60 feet 70% Not available at this time 10 feet 10 feet e. Sign Criteria Monument Sign . Lot 3 will have one monument sign facing Highway 5. The height of the sign shall not exceed 5 feet with a maximum area of 24 square feet. The base of the sign shall be built of materials similar to those used on the exterior of the buildings and compliment their architectural design. The signs must maintain a minimum 10 foot setback from the property lines. Wall Mounted Signs . . . Building "C" shall be permitted signage along the west and south elevations only. All signs require a separate permit. The signage will have consistency throughout the development and add an architectural accent to the buildings. Consistency in signage shall relate to color, size, materials and heights. Back-lit individual letter signs are permitted. Individual letters may not exceed 30 inches in height. Only the name and logo of the business occupying the building will be permitted on the sign. The applicant must obtain a sign permit prior to erecting the signs on the site. A detailed sign plan incorporating the method of lighting, acceptable to staff should be provided prior to requesting a sign permit. All voted in favor and the motion carried unanimously with a vote of 4 to 0. Mayor Furlong: The next item, where do we move to next? Kate Aanenson: 23. Mayor Furlong: 23? Conditional Use Permit? Is there a motion? Councilman Lundquist: I'd move the City Council approves CUP #2003-2 to allow the construction of a convenience store with gas pumps on Lot 2, Block 1, Arboretum Shopping Center with conditions 1 through 9. Mayor Furlong: Is there a second? Councilman Ayotte: Second. Mayor Furlong: Is there any discussion? Hearing none we'll proceed with the vote. 11 City Council Meeting - July 28, 2003 Councilman Lundquist moved, Councilman Ayotte seconded that the City Council approves Conditional Use Permit 02003-2 CUP to allow the construction of a convenience store with gas pumps on Lot 2, Block 1, Arboretum Shopping Center, with the following conditions: 1. No unlicensed or inoperable vehicles shall be stored on premises. 2. No repair, assembly or disassembly of vehicles. 3. No public address system shall be audible from any residential parcel. . Gas pump stacking area deemed to be appropriate by the city shall not intrude into any required setback area. . No sales, storage or display of used automobiles or other vehicles such as motorcycles, snowmobiles or all-terrain vehicles. 6. Facilities for the collection of waste oil must be provided. . Gas pumps and/or storage tank vent pipes shall not be located within one hundred (100) feet of any parcel zoned or guided for residential use. . All light fixtures under the canopy shall be recessed into the canopy and screened. The canopy must be constructed of an opaque material to prevent light from shining through. . For Phase I, approval of this application is contingent upon approval of the following applications: a. PUD Amendment 1992-2 PUD. Site Plan Review 2003-6. Subdivision 2003-8. All voted in favor and the motion carried unanimously with a vote of 4 to O. Mayor Furlong: Is there a motion regarding the subdivision? Councilman Peterson: I'd move the City Council approve the preliminary plat to replat Outlot D Arboretum Village and Lot 1, Block 4, Vasserman Ridge (4.79 acres), 2003-8 SUB into 3 lots as shown on the plans dated June 4th subject to conditions 1 through 4. Mayor Furlong: And is there a second? Councilman Lundquist: Second. Mayor Furlong: Is there any discussion on the motion? Hearing none we'll proceed with the vote. Councilman Peterson moved, Councilman Lundquist seconded that the City Council approves the preliminary plat to replat Outlot D, Arboretum Village and Lot 1, Block 4, Vasserman Ridge (4.79 acres), 2003-8 SUB into three lots as shown on plans dated June 4, 2003, subject to the following conditions: 12 City Council Meeting - July 28, 2003 . The developer shall provide a cross access and cross parking agreement for the three parcels. . The following park dedication charges will apply: Lot 1- $8,540; Lot 2- $11,620; and Lot 3 - $13,650 which shall be paid prior to recording of the final plat. . The total SWMP fees of $58,824.57 are due payable to the city at time of f'mal plat recording. . Public utility improvements will be required to be constructed in accordance with the city's latest edition of Standard Specifications and Detail Plates. Detailed construction plans and specifications will be required at the time of final platting. The applicant will also be required to enter into a development contract with the city and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA, Department of Health, Watershed District, MnDot, etc. All voted in favor and the motion carried unanimously with a vote of 4 to 0. Mayor Furlong: Is there a motion regarding the site plan? Councilman Peterson: I'd move the City Council approve Site Plan Review #2003-6 SPR for the construction of three multi-tenant buildings, one of which contains a convenience store with gas pumps and coffee shop and a car wash as shown on plans prepared by Damberg, Scott, Gerzina, Wagner Architects dated and received May 16, 2003, subject to conditions 1 through 35. Councilman Ayotte: Second. Mayor Furlong: Is there any discussion on the motion? Hearing none we'll proceed with the vote. Councilman Peterson moved, Councilman Ayotte seconded that the City Council approves Site Plan Review 2003-6 SPR for the construction of three multi-tenant buildings, one of which contains a convenience store with gas pumps and coffee shop, and a car wash as shown in plans prepared by Damberg, Scott, Gerzina, Wagner Architects dated Received May 16, 2003, subject to the following conditions: Correct the driveway dimensions on the site plan (Sheet A0) to read 26 feet in width. Also, dimension the turn lane widths and taper ratios. The taper ratio for the West 78~ Street turn lane shall be a minimum of 5:1. 2. On the grading plan: a. b. c. Increase the rock construction entrance to a minimum of 75 feet in length per City Detail No. 5301. Revise the existing 980 contour that crosses with another illegible contour on the existing topography. Likewise, correct the proposed 978 crossing contour lines. Provide erosion control blankets on the steep slopes along the west side of the entrance drive and along the east side of the Phase II building. 13 City Council Meeting - July 28, 2003 , , . , . . 10. 11. 12. d. e, g. ho Revise the boulevard slope in the West 78~ Street right-of-way to a maximum grade of 2% within 15 feet of the curb line. Provide emergency overflows for catch basin nos. 3 and 4. The overflow elevation must be a minimum of one foot lower than the finished floor elevation of the adjacent building. Show all existing and proposed easements. Show the existing pond to the east of the site and include the NWL and HWL. Also, show the existing storm sewer in the pond area. Show the proposed lot and block numbers. Limit the number of inlet aprons to the eastern pond of one inlet. Add a benchmark to the plan. On the utility plan (Sheet C2): a, do g. Show all proposed utility easements. Revise the watermain to loop through the site and connect with the existing main in West 78~ Street. Show the existing watermain in West 78th Street and the storm sewer in the pond to the east. Move sanitary manhole no. 6 into the main drive aisle for access purposes. The minimum allowable storm sewer between catch basins is 12 inches in diameter. Revise where necessary. All of the public watermain will be PVC C-900 pipe. Revise where necessary. Add street lights at the southeasterly corner of West 78th Street and Century Boulevard and at the proposed driveway connection with West 78th Street. Add all applicable City of Chanhassen Detail Plates to Sheet C3. The applicant will work with staff to determine the best possible location to provide a crosswalk across West 78th Street. The crosswalk will be from the south to the north side of West 78th Street and connect with the existing bituminous trail and provide the additional sidewalk connection as shown in Attachment #1, as amended. The applicant will work with staff to determine if a "No U Turn" sign will be required at the north end of the median on Century Boulevard and West 78th Street. The silt fence on the east side of the site must be Type III, heavy duty. The property line dimensions for the Phase II parcel must match the final plat for Vasserman Ridge. Private easements are required for the storm sewer lines that rnn from one lot to another. Show the pavement sections for the bituminous path and private street/drive aisle on the plans. Provide an internal sign to direct cars out to West 78m Street for Highway 5 bound traffic. Seed and mulch or sod the site within two weeks of grading completion. If dirt is required to be brought into or out of the site, provide a haul route for review and approval. 14 City Council Meeting- July 28, 2003 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. The applicant has submitted drainage calculations for the site, however additional information is required. Staff will work with the applicant's engineer to revise the calculations. Prior to final platting, storm sewer design data will need to be submitted for staff review. The storm sewer will have to be designed for a 10 year, 24 hour storm event. Minimum 30 foot wide easements will be required over the public portion of the utility lines. Installation of the private utilities for the site will require permits and inspections through the City's Building Department. The existing contours for the Phase II portion of the site should reflect the Vasserman Ridge 2~ Addition grading. Sanitary sewer and water hookup charges along with the Met Council's SAC fee will be due at the time of building permit issuance. All of these charges are based on the number of SAC units assigned by the Met Council. The current 2003 sanitary hookup charge is $1,440 per unit, the water hookup charge is $1,876 per unit, and the SAC fee is $1,274 per unit. The main drive aisle through the site will be a private street sine it serves multiple lots. As such, the road must be a minimum of 26 feet wide, built to a 9 ton design and enclosed within a 40 foot wide private easement. Concrete driveway aprons, per City Detail Plate #5207 are required at the two proposed access points to the site. For Phase I, approval of this application is contingent upon approval of the following applications: a. Subdivision 2003-8 SUB. PUD Amendment 1999-2 PUD. Conditional Use Permit 2003-2 CUP. For Phase II, approval of this application is contingent upon approval of the following applications: a. Subdivision 2003-8 SUB. PUD Amendment 2002-2. Landscaping Requirements: Phase I: a. b, The applicant shall increase plantings to meet minimum requirements for buffer yards, boulevard trees and parking lot trees. A revised landscape plan shall be submitted to the City prior to City Council approval. The applicant shall fully screen parking lots from adjacent roadways through the use of berming or increased landscaping. 15 City Council Meeting -July 28, 2003 23. 24. 25. 26. 27. 28. 29. 30. Phase II: b. The applicant shall increase landscape plantings to meet minimum requirements for buffer yards, boulevard trees and parking lot trees. A revised landscape plan shall be submitted to the City prior to City Council approval. The applicant shall fully screen parking lots from adjacent roadways through the use of berming or increased landscaping. The applicant shall show the west and north elevations of the car wash. All roof top equipment shall be screened. The trash enclosure shall be built with the same type of materials used on the buildings. The applicant shall introduce a pitched element to Building "B". The parking lot islands shall be increased to 10 feet in width or aeration tubes will be required to be installed. The applicant shall enter into a site plan agreement with the city and provide the necessary financial securities. Fire Marshal conditions: ao b. d. e. g. 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. "No Parking Fire Lane" signs and yellow curbing will be required. Please contact Chanhassen Fire marshal for exact location of signs and curbs to be painted yellow. The building must comply with 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. Copy enclosed. The builder must comply with the Chanhassen Fire Department/Fire Prevention Division regarding premise identification. Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #29-1992. Copy enclosed. A Post Indicator Valve will be required on the new building that have fire service water coming into the building. Submit radius turns and dimensions to City Engineer and Chanhassen Fire marshal for review and approval. Phase II. The fire hydrant shown on Building "C" will need to be relocated in front of the building. Contact Chanhassen Fire Marshal for exact location. Building Official conditions: a. bo The buildings are required to be protected by automatic fire extinguishing systems. The plans must be prepared and signed by design professionals licensed in the State of Minnesota. 16 City Council Meeting - July 28, 2003 C. d, Building A must have a minimum of 3 accessible parking spaces, one of which must have an 8 foot access aisle. Building C must have a minimum of 5 accessible parking spaces. Separate water and sewer services must be provided for each piece of property. Detailed occupancy related requirements cannot be reviewed until complete plans are submitted. The owner and/or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. 31. The applicant will need to apply for on-sale liquor licenses for the restaurants in Phase II. 32. Applicant will work with staff on the transparency or breaking up the east and west side of the carwash with the intent that it doesn't necessarily have to be windows. 33. If the drive thru is not carried on with the City Council, that the parking spaces be revisited with staff and the applicant. 34. The right-in/fight-out access on Century Boulevard shall be permitted contingent upon MnDot approval. 35. The applicant shall work with staff to review the yellow color on the canopy. All voted in favor and the motion carried unanimously with a vote of 4 to 0. CONSIDER REOUEST FOR REZONING OF PROPERTY FROM A2, AGRICULTURAL ESTATE TO lOP, INDUSTRIAL OFFICE PARK, 9201 AUDUBON ROAD, ERIC THESmP-ROSALES. Kate Aanenson: The subject site is located on Audubon Road. It's currently zoned A2. The applicant is requesting a rezoning to IOP. The applicant would like to rezone the easterly 120 feet of the property so they can keep their house and use the back half to operate a business. The site is located in the 2005 MUSA area. Sewer and water is currently not available to the property. The site is being used as a single family home with a separate storage garage building that's being used as a business. The comprehensive plan states that regardless of a property's land use designation, properties not served by urban services shall not be rezoned to a zoning designation for the land use designation until such time urban services are available. The current zoning of the parcel of less intense land use designation may remain. Intensification of land should only happen when there's provision of urban services, and this is an area the city is currently studying in how to provide those urban services. The IOP district does require a minimum lot area of 1 acre. The applicant does not meet that criteria and is under the requirement, again so not complying with district regulations. The site does have access via a gravel driveway and with the rezoning the use, one of the uses that would have to be brought up to code, the industrial building because it does not meet city standards also so for the following reasons the staff did recommend denial, as did the Planning Commission at their hearing on July 1st when they reviewed the development. They recommended 7-0 to deny the request. So with that, this is the subject site. The existing home and the use on the property. I'd be happy to answer any questions that you may have. Councilman Peterson: Kate, have we ever done anything like this before? I mean my past history I can't recall any. 17 City Council Meeting - July 28, 2003 Kate Aanenson: No. Only agricultural zone we've done things that are conditional use or interim use, but a rezoning, correct. Councilman Peterson: And not to put you on the spot, but I will. Are there other, I'm assuming that there would be other, numerous other individuals that have home occupations or occupations on their site that would like to have a spot rezoning. Would that be a safe assumption? Kate Aanenson: That would be a concern, sure. Mayor Furlong: Thank you, other questions? Councilman Lundquist: Kate, as I was reading through the packet as well the staff report, isn't there also a requirement for IOP to have public sewer and water connected to that property? Kate Aanenson: And that would be one of the major findings for that being premature. There's not municipal services available to the site. Mayor Furlong: Thank you. Kate I noticed in the comments that the applicant made to the Planning Commission, through kind of a, somewhat of a difficult situation. He relocated his business in February to this site. Can you tell us when the City became aware of it and what actions, if any, the City or you or your staff have done to work with him or to understand what the applicant was doing in finding alternative locations. Kate Aanenson: Sure. This spring the staff was informed that the applicant was running a business out of the separate building, which is in violation of the city ordinance. A letter was sent to the applicant advising him that he's in violation of the city ordinance. As standard protocol we give 30 days. As long as there's good faith that the applicant is moving to try to reconcile the situation, we certainly work with them and as we've indicated that to the applicant. I would consider ihis application a good faith effort to try to reconcile, even though we had advised him that we probably wouldn't support it. That's certainly his right to seek this type of remedy. He also has given the staff a list of some of the properties that he had tried to work through that fell through so we would certainly like to continue working with him to seek some other site. Mayor Furlong: Okay, thank you. Councilman Ayotte, sure. Councilman Ayotte: I wanted to go through this again real quickly as I was going through it and I didn't see it. In the boat refurbishment, is there the use of chemicals or anything along that line that would require any environmental consideration in addition to what's been addressed here? Kate Aanenson: Right. Well that would be required under the building permit requirement. Right now it's a pole shed which doesn't meet the industrial if it was rezoned standards. Councilman Ayotte: So in all likelihood there'd be...issues and so forth? Kate Aanenson: Well I will certainly address that and he does use heavy power equipment but that would be something that we would look at as far as, because right now it doesn't allow that but if that was to be something of an industrial building, all of those things would be taken into consideration as part of a normal building permit process to manage that. Councilman Ayotte: Okay, thank you. 18 City Council Meeting - July 28, 2003 Mayor Furlong: Okay thank you. Any other questions for staff?. Is the applicant here this evening? Sure, good evening. We did have the opportunity of seeing a copy of the Planning Commission minutes so if you have additional items that you'd like to have or if there's been some new information that's come along, I'd be happy to hear it. Eric Theship-Rosales: I just would like to ask if you got the letter that I sent each of you. Mayor Furlong: Yes. Eric Theship-Rosales: And read it and considered it. Mayor Furlong: Yes. Eric Theship-Rosales: I think the major issue here on my part is having a lack of knowledge when I started into the process of getting a permit for this building. There are a lot of things I could say but it comes down to the fact that I've made some mistakes and also the city has made some mistakes also in the whole process of informing about rights and privileges on the plot, on the area. I mean I don't know where to take this, along with the notes it's an important issue to me. Mayor Furlong: Sure. Eric Theship-Rosales: I didn't understand when I applied for the permit that I would not be able to rezone with a simple paperwork and a fee and be able to move my business in there when my business was ready to move into this pole barn. Mayor Furlong: Okay. Okay maybe, are there any questions for the applicant. Okay. Okay, well I guess with that, unless there's something else, maybe we'll just bring it to the council for discussion and let's see where that discussion takes us. Eric Theship-Rosales: Thank you. Mayor Furlong: Okay, thanks. Any discussion? On the item. Councilman Lundquist: A couple of questions. Mayor Furlong: Sure. Councilman Lundquist: Maybe these are questions for Roger. If we deny the rezoning and obviously the business is operating, they're still in violation of the city code ordinance. What's the, what's our timber remedy, further action, what's the next step after that? Roger Knutson: Well as Kate said they work with any property owner and give them a reasonable opportunity to abate the violation. When they've exhausted that, the next step is a citation. We don't like to get there but that's why we work with people first. Councilman Lundquist: Sure. Is there a time limit that we f'mally come up to a deadline and say that it's required to do a citation or that's basically up to staff and council to determine? Roger Knutson: Yes, there's discretion there. It depends on the particular circumstances and why they're doing it and how egregious things are and that sort of thing. You know if someone 19 City Council Meeting - July 28, 2003 needs 2 weeks to stop and get out or a reasonable period of time, that's fine. But once we conclude, and I'm not referring to this application, that they are just stalling, then we issue a citation. Mayor Furlong: Other questions or discussion. Councilman Peterson: I certainly empathize but as I kind of alluded to earlier that we have a lot of situations that we are experiencing currently, or we have experienced with non-conforming businesses that we've held the line on pretty well. To that end, to Brian's point I'd be amenable in giving him a reasonable period of time, months to find another place for this business. I don't want to kick him out in 2 weeks, so I'd be amenable to something longer than a couple weeks and less than a year probably, to find a new place but I can't see rezoning it. There's nothing compelling about doing that. Councilman Ayotte: In terms of, anything else Craig? I didn't mean to cut you off. In terms of the time line, I go even a little bit more towards staff to see what conclusion can be reached but I don't see a reason to rezone. Mayor Furlong: Councilman Lundquist, any comments. Councilman Lundquist: My thoughts are, it's an unfortunate situation that Mr. Rosales is put in the time and effort and put this in, but for a lot of reasons, the location and a lot of other things in the findings of fact and other things that have been talked about in the Planning Commission, I just don't think the rezoning is the way to fix the problem and is going to give us any what we're really looking for so I'm not in favor of anything happening real fast on this as far as, I can support giving a longer period of time to Mr. Rosales to work, to f'md another spot to locate his business, and I'm sure that staff will be helpful as they have been to this point to get through that process. Mayor Furlong: Thank you. I think, again there's been stated, I'm a small business owner. I know what it takes to move a business. I also know what it takes to try to move a business twice in a year timeframe and so I concur with the prior statements in terms of being reasonable. I know, my understanding is the staff has been reasonable in terms of knowing that there's progress being made and I think that needs to continue to happen and whether or not we put dates on it tonight, I don't know if that's appropriate as opposed to providing both the applicant and the staff with understanding. I think without reiterating the statement of facts and other requirements that just are not in place prior to rezoning that suggest that this is premature at this point and as such I would not be in favor of the application but I would very much be in favor of giving reasonable time to allow the applicant to, in addition to moving the business he's got to run his business and there are only so many hours in the day so I think a reasonable, as long as he's making reasonable efforts, I think that we should accommodate that. So with that I guess I would ask if there's any other discussion. Points of discussion. And if not, is there a motion? Councilman Ayotte: I so move that Chanhassen Council denies the rezoning of property from A2, Agricultural Estate District to IOP, Industrial Office Park based on the findings of fact on page 6 and 7 attached to the staff report dated July 1, 2003. Mayor Furlong: Is there a second? Councilman Peterson: Second. 20 City Council Meeting- July 28, 2003 Mayor Furlong: Is there any discussion on the motion? Hearing none we'll proceed with the vote. Councilman Ayotte moved, Councilman Peterson seconded that the City Council denies the rezoning of property from A2, Agricultural Estate District to IOP, Industrial Office Park based on the findings of fact on page 6 and 7 attached to the staff report dated July 1, 2003. All voted in favor and the motion carried unanimously with a vote of 4 to 0. PRELIMINARY PLAT REOUEST TO SUBDIVIDE 5.93 ACRES INTO 10 SINGLE FAMILY LOTS AND 1 OUTLOT, 4141 KINGS ROAD, LUNDGREN BROTHERS CONSTRUCTION. Public Present: Name Address Bob Payette Mike Burton Marc Anderson Margie Borris 150 So. Broadway, Wayzata 935 E. Wayzata Blvd, Wayzata 935 E. Wayzata Blvd, Wayzata 4071 Kings Road Kate Aanenson: Thank you. The subject site is east of Minnewashta Parkway, south of Kings Road known as the Carlson property, but it's not subdivision has now been named Country Oaks? Countryside. There's a home existing on the property and shed. A couple of buildings. Just to give you an overview of the site itself. Again the subject property is 6 acres is here. There is another property, this is limits of Chanhassen. Victoria to the east and there's another piece of property that the subdivision will provide furore access. One of the issues that came up at the Planning Commission that wasn't dealt with in the staff report was the extension of Kings Road. A couple of years ago there was a discussion of the extension of Kings Road. This plat does not do anything. That's a separate decision for the extension of Kings Road. It does provide adequate facilities for the subdivision. This is the most recent subdivision we just received today. Revisions on the plat. When the Planning Commission heard this item, back on July 1st there was a few issues that were raised. One, I indicated the future extension of Kings Road and I'd just like to go through some of the other concerns. Lot 11 is actually going to be an outlot until such time. Right now this is the termination, excuse me, of the Carlson property does go down this far but the road does not extend that far down. If some time in the future that the Kortgard's do subdivision their property and that road is extended, they would have access to a public street. But until such time there will be 10 lots and that lot will be outlotted. That was an issue that wasn't clarified in the staff report. Street right-of-way. Again, Kings Road, if you look at that road, it has not, does not have 60 feet the entire width of right-of-way but the portion closest to Minnewashta Parkway is actually 50 feet of fight-of-way. As it comes across this property, it is 60 feet of right-of-way and the platting of this, well the completion of this street has 60 feet of right-of-way, does allow these lots to the north to be final platted. I believe there's approximately 7 lots and that would go on consent. Final plat of that Country Oaks subdivision. One of the other concerns that the Planning Commission had was the configuration of this lot. That has been I believe addressed and the lot does meet the standard requirements. There will be a stop sign located, I'm not sure if the traffic warrants it but there will be a stop and a right so there won't be a radius on that curve which is some of the Planning Commission had talked about have the engineering staff look at. There was some concerns with the neighbors. On July 9th engineering met with the neighbors and the Scott's, or excuse me, Borris' and the Kortgard's regarding some of the drainage issues and tree loss and tree removal. So that meeting was held. Also there was a 21 City Council Meeting- July 28, 2003 concern about the existing well and trunk hook-up charges. That information was provided to those property owners because of the extension of services so that information was passed onto them. The other concern that the Planning Commission brought up was a preservation of some of the existing trees on the site. On Lot 5 there were two large trees. A 38 inch silver maple and 36, another 36 inch silver maple. In looking at the proximity to the house pads, we've learned through experience that when we have, for expectations try to save a tree that close, what happens over time with the construction methods is that it may live a year. It may live 2 and then the homeowners stuck with a tree that's probable survivability is pretty low. The City Forester added comments on that regarding proximity to the construction and the age of the trees. Again survivability is probably lower so her recommendation was that we not take extraordinary measures to try to save those trees. Again we've learned over time that it creates ill will when we try to save something and through no fault of the homeowner, 2 years later the tree may die. So it would not be her recommendation at this time to try to save the trees. The other question again that was raised with the extension of Kings Road, I hope I've addressed that and that is at this time the entire fight-of-way is within the city limits of the City of Chanhassen. It's not the intent to extend the road with this plat. There was some wetlands on the site. The shoreland district falls on the very southern end of the plat. Within the shoreland district any house cannot exceed 35 feet in height. There was also, the staff had recommended a Phase I environmental. The applicants did do that as well as Phase II. That's in the staff report. Because there was a construction business on the site and things may have been buffed or the like, the staff did ask for that. There is a condition regarding that asking for soil reports to be given periodically if there's still concern as to whether or not the soil tests hit all the appropriate locations... It is within, as I mentioned, the shoreland district. This outlot when it comes in still falls, there is a wetland here. It still meets standards within the shoreland district when that comes in with a future plat. There was some minor changes. This revised plat accomplishes those but that will come back for final plat. Little corrections. There's just some typo's on there. So with that we are recommending approval. I indicated to you that the Planning Commission asked for additional follow-up. Those changes are reflected on page 8. Conditions recommended preliminary plat approval. Those are shown in bold. The recommended changes. And with that I'd be happy to answer any questions. Mayor Furlong: Thank you. Questions for staff. Councilman Lundquist: Kate, Kings Road, as we show it on the plat drawings. Where does the road currently go or where was the extension? Kate Aanenson: It's hard to see on this one but you have a sheet up there, it's in light gray. The existing paved surface is in light gray. Actually the road swings a little south of that. Councilman Lundquist: So does it come around the comer to cover Lots 1, 2 and 3? Kate Aanenson: Right here? It comes around the curve and then the extension, this cul-de-sac will stop here. If and when the Kortgard's subdivide, that road cul-de-sac will be converted and tied back up to Kings Road. Right now it's a cul-de-sac and this road will dead-end noting it will be extended in the future. Councilman Lundquist: Okay. So the Kings Road extension is talked about in, I don't know if it's Teresa's or whoever's, or your staff report is the section of Kings Road coming down between Lots 8 through 10 and 5 through 7? 22 City Council Meeting -July 28, 2003 Kate Aanenson: Well it's a little bit bigger than that. The Kings Road extension actually would go towards Victoria was one of the concerns because at one time Lundgren Brothers had requested that. Councilman Lundquist: So that comes all the way down and around the corner. Teresa Burgess: That would be the third leg of that, right now it's an L intersection that the city is recommending. It would be the T. Would make it into a T and extend directly west into Victoria. Kate Aanenson: If we go back to this revised plan. Councilman Lundquist: Yeah, do that one. Mayor Furlong: Yeah, that corner right there Kate. Kate Aanenson: That's the revision that we just got today. Councilman Lundquist: So what staff is recommending is Kings Road stops where? Kate Aanenson: At the end of the subject site. Teresa Burgess: I think what you're asking Brian...extend it would be right here. Councilman Lundquist: Okay. And then that takes it to the border of Victoria. Teresa Burgess: This is the border of Victoria right there. Councilman Lundquist: Okay. So you stopped it like. Teresa Burgess: We stop it within the city right-of-way which is completely contained within the City of Chanhassen. Councilman Lundquist: Oh okay, I see. So then if the Westar properties wanted to come in and connect up to Kings Road, then they would have to come back to the City of Chanhassen to finish that piece of the road. Teresa Burgess: Correct. Kate Aanenson: Correct. Councilman Lundquist: Okay. And the major reason for that is. Teresa Burgess: To make sure we have a say in that potential extension into Victoria. That we would have a chance to decide if we agree with that decision. Rather than having Victoria make the decision for us. Councilman Lundquist: And if we decided, the other option is you're going to have, if Victoria puts a road in there, they're going to have a barricade and then 20 feet later we're going to have a barricade and that road isn't going to go through. 23 City Council Meeting - July 28, 2003 Teresa Burgess: That is a potential. Kate Aanenson: Yeah, or there's other options for them to get out through other Lundgren subdivisions further south. South...Tristan Heights. There's access back out onto their property too so there's other access points. Councilman Lundquist: Okay. Mayor Furlong: Thank you. Other questions? Question with regard to the tree preservation and I think that was, I had it marked and then I turned. Condition number 39 which was added by the Planning Commission. That is according to City Forester's directions. We now have that information that the City Forester is recommending not to take steps to try to preserve that so would that be appropriate to take that out? Kate Aanenson: I would concur with that. Mayor Furlong: If we were to follow the City Forester's recommend, okay. Okay, were there any other conditions added by the Planning Commission or other conditions that based on additional information you've received should be adjusted out? Kate Aanenson: I believe the rest of them should be. Mayor Furlong: Okay. Any other questions for staff?. If not, is the applicant here this evening? Is there any issues you'd like to raise. Good evening. Again, we did receive copies of the Planning Commission minutes so. Marc Anderson: Mayor Furlong, members of the City Council. My name is Marc Anderson. I'm with Lundgren Brothers. I'd like to address you tonight briefly, just on this topic of Kings Road. It was probably a year ago that we approached the City of Chanhassen. Did a feasibility report for the building of Kings Road into the Westar property. Paid for that feasibility report and when we got to the hearing we were told well you're not a stake holder in Chanhassen so we have really no interest in doing this at this time. At that time we talked with staff about the opportunity, what it would look like to purchase land in Chanhassen. There's property to the north and south of Kings Road. We talked with those property owners and we did strike up a transaction with the Carlson property which is before you here tonight. If you recall that property has been an eyesore and a problem for many, many years in the city in that it's an outside storage contractors lot that's been grandfathered in. The City has tried on a number of occasions I understand to try to get that cleaned up but really could do nothing. So one of the thoughts we had is we could clean that area up. Prevent any potential pollution problems and so forth and at the same time have Kings Road extend into Victoria. Now this is not the first time that Lundgren Brothers has been involved in a multi-city project with Victoria. The Tristan Heights subdivision that was mentioned earlier is south along Highway 5, and the Chanhassen component of that is known as Highlands on Lake St. Joe. I'll put another drawing up here. North is to the top of the drawing. Highway 5, State Highway 5 is down here. The area in light green is the city of Chanhassen. This is the drawing that we used for marketing purpose of Highlands of Lake St. Joe. And the darker area is in the city of Victoria, and you can see the dashed lines where Ridge Road, Ridge Hill came down through into that area, and when we went to Victoria they wanted the access extended out to the west. Over to other property that we do not own or have control on. So there would be a continued flow into the next property over. So this is somewhat of a similar issue where it's a multi city arrangement. I know that one comment that was made by staff earlier today was that there has been no request from Victoria for an extension. That's City Council Meeting -July 28, 2003 understandable since there's no application over there at this time. What we have is just a preliminary drawing that we are in discussions with that city, and I will show this here. This is Kings Road at this point. Stubbing into what we call the Westar property. And showing on this drawing, as I mentioned this has not been submitted, 34 home sites. The difficulty comes in just in terms of the general circulation in the whole area. As you know we are very close to Highway 7 here, and MnDot has gone through a reconstruction of Highway 7 starting at 494 all the way out to St. Boni. And they went through that on a multi year project very meticulously working with every city, closing certain access points and wanting to have certain places where you would have access, and that of course would be Minnewashta Parkway. It would not be on the existing access point right here that goes into the Westar property. That is basically closed and off the table from MnDot's perspective. So basically what would occur is this is...tie into Tristan Heights Drive. Now when staff is saying that the way that this property can have access is through Tristan Heights, I would ask the question does this city allow a 5,000 foot cul-de-sac? I don't think so. That is not going to work. What we need is a circulation system that works for all of the cities, both cities as well as MnDot. So what I'm doing here tonight is our request has always been for what you see here. Where Kings Road stubs into Victoria. Now I know this is a big issue for you folks and I just learned about this today that what we thought we were always asking for was not what staff was thinking that we should have. So I'm not necessarily saying let's rule on this up and down today. What I'm saying is let's get into a discussion here. If we need to work with Victoria, we need to work with Victoria. If we need to talk about what it means to Chanhassen and how to mitigate problems, then let's talk about that. But I'm looking globally. I'm looking 20 years down the road. How is this all going to work? I don't think we're going to solve it right now, but let's, you know we hope that there's a spirit of cooperation where we can all work together and figure this out. Certainly all the comments that I have. Mayor Furlong: Thank you. Are there any. Marc Anderson: Any questions you might have? Mayor Furlong: Are there any questions? Kate Aanenson: Can I just add one comment? That question specifically was asked, and in my professional ethics, I have been, because that specific question was asked by the Planning Commission and by the neighbors. They wanted to know if the road was going to be extension and that discussion was clearly not had at the Planning Commission. So I think there would have been more in your notes, in your minutes had that question come up. Yes we are, we'd like to have an extension in the future but that was not discussed at the Planning Commission public heating. It was clearly asked by residents who had that concern and the Planning Commission. Mayor Furlong: Okay, thank you. Teresa Burgess: And Mr. Mayor, if I could add to that discussion. I'd like to defend staff a little bit. I've taken a couple of notes here and have written out my thoughts. The statement was made about the previous feasibility study. At that time it was determined that it was not an appropriate idea to extend based on neighborhood concerns about potential traffic, as well as staff concerns about the impacts to Minnewashta Parkway and the intersections of Minnewashta with Highway 5 and Highway 7. As well as the potential impacts on the parklands in the city of Chanhassen since we would be potentially serving a number of property owners from the city of Victoria. If you look at the original plats that were proposed by Lundgren Brothers, they proposed a curved, instead of having a T type intersection, they proposed a curve into that area which would have actually made it much more difficult to ever future extension into Victoria. The city staff looked 25 City Council Meeting - July 28, 2003 at it and felt that the L intersection was the best intersection for this location both from a traffic calming standpoint and also to address that potential future extension into Victoria. Staff has felt it's important to address both contingencies. The potential for extension into Victoria and to ensure that the City of Chanhassen has a say in that future extension. We have never been proposed the opportunity or the discussion of looking at the proposed plat in Victoria. We have not been able to make an analysis of the potential impacts on the city of Chanhassen and we have never been approached by the City of Victoria to do that extension. Our discussion with them during the feasibility stage that we did a year ago on Kings Road was that it was premature. They did not feel it was necessary at that time. And to bring it up now really does not give staff a chance to look at those things and to make a determination. That is why we are not recommending that extension at this time. Mayor Furlong: Okay, thank you. Is there any questions for the applicant or for staff?, ff there are none we'll bring it back to the council for discussion. Any discussion on the matter, either on Kings Road or any other matter? Councilman Lundquist: My thoughts on Kings Road. Although I understand staff's concerns about doing further study and looking at the impact, it doesn't make a lot of sense to me to stop that road 30 feet short and put up the barricade. As I look at anything that would happen on that Westar property, I would think that for flow in and out and through those neighborhoods we would create something along the lines of a major east/west way through those neighborhoods rather than trying to get an access point out on Highway 7 every few blocks so. I think it makes sense at this time to take the Kings Road ail the way to the border so that that's there for access in the future for it to tie into any future development in Victoria if that happened and stopping that road 30 feet short just seems like the only thing that would ever end up happening was you'd have a barricade there because with that amount of room, there just isn't anything, any room to do anything but extend it straight to that border it doesn't look like from the drawing so I would ask that, well we'll get to that in a motion. That's fine. That's ail the comments I have. Mayor Furlong: Okay. Thank you. Other comments? Councilman Peterson: With the exception of Kings Road I agree with Councilman Lundquist. I think that a different perspective on Kings Road is, what we don't know today, I don't even know what Victoria has zoned that area. I'm assuming it's not high density, but I don't know. And if it is high density, or higher density or if it's more than 45 homes that has been presented today, maybe it's 100. Again I don't know and I would be concerned if it is 100 going through and using our park system, our roads and the traffic. So I don't know if I understand the need to, you know I suspect Victoria won't do something until we do something. We don't do something until Victoria does something so you know what I'd like to do is find a creative way to get the answers so we can get both projects moving ahead. I don't have that answer. Staff you can maybe help or Roger can maybe help but I think it's reasonable to put the road through if the project on the Victoria side is appropriate for the road. But that I don't know the answer to tonight. I think the applicant is alluding to that, so let's figure out a way to accomplish both things without committing ourselves. Mayor Furlong: Other comments? Councilman Ayotte. Councilman Ayotte: The only thing I'll add is you know, I'm here and I know that you guys are here to mitigate risks to Chanhassen so for that reason I agree with Craig. I think we've got to find out what's going on in the Victoria side. I really do and I think we should charge staff to 26 City Council Meeting -July 28, 2003 figure out a way of doing that but I don't feel comfortable in extending it all the way at this point for the same reason. Mayor Furlong: I guess maybe a point of clarification for my part, and again you had the updated subdivision plot but when we say extending it all the way or holding it short of the city line, does it not go up where the right-of-way goes up to the border and that intersection. Okay, and I guess the question I have is, this property or the right-of-way will be, or the, for the north/south section of the road there, the right-of-way on the western side will be at the border? Teresa Burgess: Correct. Mayor Furlong: Is that correct? Kate Aanenson: Correct. Mayor Furlong: And so the intersection is just a normal setback. Okay. So I mean I think it's coming up the full way through the city effectively but for maybe a few feet that could easily be rectified, and I guess for that reason, you know for us tonight to allow that, that to me is a separate issue beyond this preliminary subdivision and while I'm not necessarily opposed. You know I won't sit here and say never will Kings Road go through but let's see what's coming from the other side and what the effect would be, and address that as a separate issue so that we know what the effect is. But for the fact that that's a city boundary, if the property to the west was in the city of Chanhassen, we'd be much more comfortable because we would know we'd have the ability to manage the process through the planning, through the Planning Commission. Through the council like we're doing here for this one, and given that we don't have that, we have to maintain that control. At the same time I think we need to look for opportunities to work with other cities and our neighbors. There may be some parts of our city where we may one day want to be asking for some access, similar access to one of our neighbors and I think we have to keep that option open, but just manage it and be able to manage it appropriately so. Those are my thoughts on it. I think overall it's a good subdivision and it deals with some of the issues that Mr. Anderson brought up. I guess one quick question Kate. I forgot to ask in my comments. Lot 6 was non-conforming in terms of the dimension. Has that been corrected with this plan? Kate Aanenson: I didn't scale that. That was for the lot corners that was undersized but it can meet it. It will be modified. It has to meet the requirements... Mayor Furlong: For the final plat, okay. I don't know if that's a condition. Kate Aanenson: It is. Mayor Furlong: Okay, so that's not an issue here tonight. But overall I think it makes sense and it seems to not only provide effective subdivision for the existing property but provide opportunities both to the south and to the west, if appropriate when the time comes. So those are my comments. Any other discussion or follow-up items? If there are none is there a motion? Councilman Peterson: I move the City Council approve the preliminary plat Subdivision #2003-7 for Carlson property including 10 residential lots, 1 outlot as shown on plans dated May 16, 2003, subject to the findings in the staff report and the following conditions 1 through 44. Councilman Ayotte: Friendly amendment? 27 City Council Meeting -July 28, 2003 Mayor Furlong: I'm sorry, do you want to second first and then amend? Councilman Ayotte: Sure. Mayor Furlong: Okay. Councilman Ayotte: Second with a friendly amendment. Mayor Furlong: Councilman Ayotte. Councilman Ayotte: Strike number 39 out of that. Councilman Peterson: What is 39? Kate Aanenson: The tree. Mayor Furlong: 39 dealt with the tree. Councilman Peterson: That's fine. Are we voting on that amendment or is that a friendly amendment? Mayor Furlong: Yeah, we'll second it. Come on guys. We'll second it on the amendment. Is there any discussion on striking number 39 from the conditions? Councilman Ayotte moved, Mayor Furlong seconded an amendment to the motion to delete condition 39. All voted in favor and the amendment carried unanimously with a vote of 4 to 0. Mayor Furlong: With that is there any other discussion on the amended motion? Councilman Lundquist: I'd propose an amendment to add condition 45. That Kings Road continue to the border of Chanhassen/Victoria. Mayor Furlong: Is there a second? There's no second. The amendment dies for lack of second. Is there any other discussion? If there's none we'll proceed with the vote without objection. Councilman Peterson moved, Councilman Ayotte seconded that the City Council approves the preliminary plat (Subdivision g2003-7) for Carlson Property including 10 residential lots, 1 outlot as shown on plans dated May 16, 2003, subject to the findings in the staff report and the following conditions: 1. The developer shall revise landscape plan to show a minimum of 63 trees to be planted. 2. A minimum of two deciduous, overstory trees shall be required in the front yard of each lot. 3. The developer shall be responsible for installing all landscape materials proposed in rear yard areas. 4. Tree preservation fence shall be installed at the edge of the grading limits on Lots 1, 7, 9, 10, Block 1 prior to any construction. 28 City Council Meeting -July 28, 2003 . . . . . 10. 11. 12. 13. 14. 15. 16. The developer shall apply for an exemption from the Wetland Conservation Act for impacts to Wetland 2. In lieu of an approved replacement plan an exemption shall be obtained prior to wetland impacts occurring. A wetland buffer 10 to 30 feet in width (with a minimum average of 20 feet) shall be maintained around Wetland 1. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's wetland ordinance. The developer shall install wetland buffer edge signs, under the direction of city staff, before construction begins and must pay the city $20 per sign. All structures shall maintain a 40 foot setback from the wetland buffer edge. The proposed buffer widths and 40 foot setback shall be shown on the grading plan. The plans for the proposed development shall show the location of the OHW of Lake St. Joe and the required 150 foot setback from the OHW. Storm water calculations shall be submitted to ensure the proposed storm water pond is sized adequately for the proposed development. Drainage and utility easements shall be provided over all existing wetlands, storm water infrastructure (including swales) and storm water ponds. The swale on Lots 8 and 9 shall be moved toward the rear property line as far as possible and a 20' drainage and utility easement must be dedicated over the entire swale. A 20 foot wide drainage and utility easement shall be provided from the cul-de-sac to the storm water pond along the storm sewer alignment. This easement may be vacated upon the future extension of the street and construction of a new connection to provide drainage from the streets to STMH #1. A minimum 20 foot easement is required for the storm sewer pipe between STMH #2 and STMH #1. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All upland areas disturbed as a result of construction activities shall be immediately restored with seed and disc-mulched, covered with a wood fiber blanket or sodded within two weeks of completion of each activity in accordance with the City's Best Management Practice Handbook. Type Ill silt fence shall be provided adjacent to all areas to be preserved as buffer and removed upon completion of construction. Based on preliminary estimates, the water quality fees for the development are $5,628 and the water quantity fees are approximately $13,924. At this time the estimated SWMP fee, due payable to the city at the time of final plat recording is $19,552. Approval of the sidewalk and utility easements must be received from the city of Victoria. The demolition of structures on the site must be done in accordance with MPCA guidelines and permits must be obtained from the city prior to demolition. The on-site sewage treatment system and well must be abandoned in accordance with Minnesota Rules Chapter 7080 and a permit must be obtained from the city. A final grading plan and soils report must be submitted to the Inspections Division before permits can be issued. 29 City Council Meeting- July 28, 2003 17. All lots must be provided with separate sewer and water services. 18. The applicant will be required to pay a one time park dedication charge of $26,400 at the time of plat submittal. 19. Prior to final plat approval, a professional civil engineer registered in the State of Minnesota must sign all plans. 20. A temporary easement is required for the paved portion of the temporary cul-de-sac which is outside of the right-of-way. 21. Revise the street right-of-way to 60 feet along the westerly side of Lots 1, 2, and 3 and add a temporary cul-de-sac at the south end of the development. 22. Type III silt fence shall be used adjacent to the edge of the wetland and removed upon completion of construction. Also, add an erosion control blanket on the north slope of the pond. The applicant should be aware that any off site grading will require an easement from the appropriate property owner. All disturbed areas are required to be restored with seed and mulch within two weeks of grading completion. The existing roadway will be removed and the property on the east where the road needs to be removed will be established with turf. 23. Installation of the private utilities for the site will require permits and inspections through the City's Building Department. Each newly created lot will be subject to City sanitary sewer and water hook-up charges at the time of building permit issuance. The 2003 trunk utility hook-up charges are $1,440 per unit for sanitary sewer and $1,876 per unit for water. 25. Public utility improvements will be required to be constructed in accordance with the City's latest editions of Standard Specifications and Detail Plates. Detailed construction plans and specifications will be required at the time of final platting. The applicant will also be required to enter into a development contract with the City and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA, Department of Health, Watershed District, Carver County, etc. 26. Add the following City of Chanhassen latest Detail Plate Numbers: 1002, 1004, 1005, 1006, 1009, 2001, 2002, 2101, 2109, 2109A, 2110, 2201, 2202, 2204, 3101, 3102, 3104, 3106, 3107, 3108, 3109, 5200, 5203, 5205, 5206, 5214, 5215, 5240, 5241, 5244, and 5300. 27. The retaining wall along the east side of Lots 10 and 11 shall be moved out of the drainage and utility easement. Any retaining walls over 4 feet in height need to be designed by a registered engineer. 28. On the utility plan: a. Show sanitary sewer flow direction. 30 City Council Meeting- July 28, 2003 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. bo Co Show the watermain and sanitary services stubs including eight services for the north side of Kings Road (Outlot B). Show sanitary sewer pipe class, length, slope and type. Show watermain pipe class and type and call out the fittings. On the grading plan: ao Add a storm sewer schedule. Show the benchmark used for the site survey. Show the storm sewer invert and manhole rim elevations. Show the storm sewer pipe slope, length, class and flow direction. Show a minimum of 75 foot rock construction entrance. Revise CBMH #1 with a 2 foot sump. Add street lights to the plans. Add a pedestrian curb ramp and sidewalk along the east side of Lots 5, 6 and 7. Supply the city with a detailed haul route for review and approved by staff. Revise plans: Lot 6 shall have a minimum square footage of 15,000 square feet and Lot 9 shall have a minimum 90 foot frontage. The plat will be contingent upon agreement with the property owner to the north of the development regarding the dedicated road right-of-way. The applicant will work with staff and neighbors to consider the possible extension of the drainage swale along the east side of the development to ensure drainage goes not just from 8 and 9 through the swale but also 10 and 11 to the drainage pond Applicant will work with staff and neighbors to establish buffer planting along the eastern edge of the development, specifically on Lot 8 and 9. The turning radius of the road on the northeast comer shall meet current city design standards and current city code. The applicant agrees to perform ongoing monitoring for soil contaminants during excavation. On the utility plan show the water and sanitary sewer stubs for the neighbor to the east of Lots 8 and 9. Also, revise the invert of sanitary manhole No. 5 from 982 to 980. On the plans, show the existing house and/or existing buildings on the property to the east. Revise the area of Kings Road along the northwest comer of the site to include an "L" intersection within the City of Chanhassen along with a stop sign, dead-end sign and a barricade. Change Lot 11 to an outlot. 31 City Council Meeting - July 28, 2003 All voted in favor and the motion carried unanimously with a vote of 4 to 0. COUNCIL PRESENTATIONS: None. ADMINISTRATIVE PRESENTATIONS: ROUNDHOUSE RENOVATION PROJECT UPDATE, PARK AND RECREATION DIRECTOR. Todd Hoffman: Good evening Mayor Furlong and members of the City Council. I'm here tonight to update you on the round house renovation project. In May the City Council approved a renovation contract or an agreement with Castle Roofing to renovate the exterior of the round house. Roundhouse Park is in the same area as the last topic of discussion. Just at the end of the section of Kings Road and Minnewashta Parkway, in the western part of our community. Located directly on Minnewashta Parkway between Highway 7 to the north and Highway 5 to the south. Parkland is 12 acres in size. It was acquired in 1995 after a long wait. Approximately a 10 year search in the western half or the west Lake Minnewashta area for parkland. The City really had it's eye on this location for it's prominence on Lake Minnewashta and it's appearance on Minnewashta Parkway for the entire neighborhood running north and south. There were a variety of buildings on the site when it was acquired. A single family home which was moved off. A barn in the back which was burned. A single family home and a garage on the property again which was burned by the Fire Department. And then the round house which was saved as a sort of curiosity or a local landmark. It was moved there and reconstructed out of an old water tower in the early 50's. However the round house sat looking very unattractive for a number of years in that condition. It became an eyesore of the neighborhood. There was a variety of projects in excess at one time a complete renovation contract in excess of $100,000 to completely renovate the building inside and out. And those failed for a variety of reasons, but then again as I mentioned earlier, in May the City Council approved a contract for $25,000 with Castle Roofmg and this is the round house building we have today which is a marked improvement to the former structure. I've met with Castle Roofing, their representatives. Their work is complete. A new roof has been constructed, shingled, new paint on the exterior, new windows installed, and the neighborhood has been working mainly I believe on Thursday evenings and Saturdays and they've completely cleaned out the interior of the structure and have started their renovation work. It is their hope to have the building heated and ready for the winter skating season so the City will not have to haul in a temporary structure yet this winter. They'll continue their work through fall and then I believe they're going to host a neighborhood picnic and invite representatives of the city out this September so. It's come a long ways. It's got a ways to go but it looks you know much better from the exterior of the building. From an exterior viewpoint and from all reports the neighbors are happy. Mayor Furlong: Thank you. Any questions? Comments. Councilman Lundquist: Todd, there originally, back a couple months ago when we were talking there was some prospects of some Eagle Scout projects or something along those lines to do some benches and things like that inside. Would that be something they would come through your department, through the city to do that or work directly with the neighborhood or what's the, what would be the flow of information and things going on that way? Todd Hoffman: A couple different ways. They could work directly through our office. In fact I'm meeting with a boy scout tomorrow on an Eagle Scout project. Our office does that a couple times a year. Or they could work directly with the neighborhood and through their coordination efforts so either way. 32 City Council Meeting - July 28, 2003 Councilman Lundquist: Thank you. Mayor Furlong: Okay, very good. Thanks for the update. Looks better, thanks. Any other items for administrative presentations? Mr. Gerhardt. Todd Gerhardt: I just had a meeting with the sheriff last week regarding the sheriffs proposed CSO program. I'll include in your next correspondence package the power point presentation and also he went through an extensive accounting system of hours that could have been used through the sheriffs office for potential CSO. If I remember the numbers right it was around 1,800 hours that could have been associated back to a CSO so just less than a full time position. They used an 8 month analysis of their call out's so no question that the County could support a full time CSO program through those estimated numbers. There was good attendance from the townships and a few cities there, and no decisions were made. He's moving ahead with the analysis on the sheriff's contract and...study, I think they've got to meet here every 2 weeks in the coming months to get up to speed on making a presentation back to each city. Other than that, I don't think anything else came of that meeting. Mayor Furlong: I guess to the point that we, this was an update, a quarterly update Mr. Gerhardt and I attended but we do have Mr. Miller and others attending the weekly meetings or bi-weekly meetings so we have good representation there. Understanding the process they're going through and representing our interests as well, since we are a large user of the contract policing services so. Councilman Ayotte. Councilman Ayotte: If I may ask for further inquiry with regard to ordinances. Our local Chanhassen ordinances on base level of service and the difference of our ordinances to ordinances that may be at the County level, and which ones do they enforce to. If we get a clarification of that, what they're obliged to enforce to first and what they do enforce. I think that's something that we may find as useful information down the road. Mayor Furlong: Sure. And that may be a question outside of the contract policing study itself. Yeah, or part of it sure. Okay. Todd Gerhardt: Mayor, I just had one other item to update you on. I don't know if Jeff has officially submitted his resignation. Jeff Meixner our CSO will be resigning. I think his last day is August 8a. Justin Miller: August 7th. Todd Gerhardt: 7~h. And we have gone through the interview process and we have another gentleman by the name of Jeff who will be delivering packets and performing the CSO responsibilities so you'll see a new face out there as packets are delivered at your homes so I just wanted to give you the heads up on that. Mayor Furlong: Good, thank you. Councilman Peterson: How did we move so fast on that? That was days to fill the position. It's a record. Todd Gerhardt: Well Jeff has been interviewing for the past 6 months and the only question that he had here the last month was to be successful in his psychological evaluation and then the 33 City Council Meeting - July 28, 2003 would offer him the job so to gear up so Jeff could assist in the training of the new individual, we started that selection process. Letting the candidates know that depending on Jeff's acceptance of the job, we would hold off on filling that position. So credit goes to Justin and his staff and putting out the applications and making sure that we don't lose a step as Jeff leaves to be a police officer in California. Mayor Furlong: Okay, very good, thank you. Any discussion on the correspondence packet? CORRESPONDENCE DISCUSSION. Councilman Lundquist: I just had one other point to add to Sergeant Olson that don't forget that August 5~ is National Night Out so a good chance for everybody to get out and meet your neighbors. Find out who they are if you don't know them already. And the rest of the fire department and the sheriff's office and some of us will be going around doing the same as well so it's a good chance to get out and meet your neighbors. Hope to see everyone out there. Mayor Furlong: Very good, thank you. Any other items or discussion points? If there's none is there a motion to adjourn? Councilman Peterson moved, Councilman Lundquist seconded to adjourn the meeting. All voted in favor and the motion carded. The City Council meeting was adjourned at 8:30 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 34