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CC SUM 2012 09 10CHANHASSEN CITY COUNCIL REGULAR MEETING SUMMARY MINUTES SEPTEMBER 10, 2012 Mayor Furlong called the meeting to order at 7:00 p.m. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilman McDonald, Councilwoman Tjornhom, and Councilman Laufenburger COUNCIL MEMBERS ABSENT: Councilwoman Ernst STAFF PRESENT: Todd Gerhardt, Roger Knutson, Laurie Hokkanen, Kate Aanenson, Paul Oehme, and Greg Sticha PUBLIC PRESENT: nd Ed Schneider 410 West 82 Street Peter Moe 7161 Minnewashta Parkway J.R. Relick 425 Chan View Rollie Neve 7635 Nicholas Way Matt Winterer 2210 Melody Hill Kirk Pettis 2742 Piper Ridge Lane PUBLIC ANNOUNCEMENTS: None. CONSENT AGENDA: Daniel White, 380 Deerfoot Trail asked that the Sunny Slope PUD-R be removed from item 1(g) for further discussion. Councilwoman Tjornhom moved, Councilman McDonald seconded that the City Council approve the following consent agenda items pursuant to the City Manager’s recommendations: a. Approval of Minutes: -City Council Work Session Minutes dated August 27, 2012 -City Council Verbatim and Summary Minutes dated August 27, 2012 Receive Commission Minutes: -Planning Commission Verbatim and Summary Minutes dated August 21, 2012 Resolution #2012-44: b. Lyman Boulevard Improvement Project 10-08, Proposed Noise Walls: Approve Resolution. Resolution #2012-45: c. Approve Resolution Authorizing the City to Apply for and Accept a Grant from the Metropolitan Council for Inflow/Infiltration Related Projects. Resolution #2012-46: d. Approve Resolution Appointing Election Judges. e. Approve 2013/14 Joint Assessment Contract with Carver County. f. Approve Fourth Restated Joint Powers Agreement, Southwest Transit. City Council Summary – September 10, 2012 g. Amend Planned Unit Development-Residential (PUD-R) Planning Case 2012-04-5 Hidden Valley and Rezoning from PUD-R to Single Family Residential (RSF), and approve the publication for summary ordinance. Approve ordinances rezoning the following Planned Unit Development-Residential (PUD-R) to Single Family Residential (RSF): Fox Chase, Orchard thnd Hills, Sunrise 4 Addition, Waldrips 2 Addition and Whitetail Ridge and adopt the attached Planning Commission Findings of Fact. h. Authorization to Distribute Comprehensive Plan Amendment (Functional Roadway Classifications) for Jurisdictional Review. i. Approval of Temporary On-Sale Liquor Licenses for the German & Cana Dinners, St. Hubert Catholic Community, 8201 Main Street. All voted in favor and the motion carried unanimously with a vote of 4 to 0. VISITOR PRESENTATIONS: Matt Winterer, 2210 Melody Hill, a candidate running for City Council, expressed concerns with the budget. Rollie Neve, 7635 Nicholas Way presented a petition with 40 signatures in opposition to the funding increase in the city budget. Kirk Pettis, 2742 Piper Ridge Lane, a candidate running for City Council, explained he was representing friends, family and a majority of the citizens of Chanhassen that oppose the continuous spending increase in the budget. Dr. Ed Schneider outlined the Minnesota Landscape Arboretum’s strategic plan for the next 5 years and master plan for growth and expansion of facilities. Councilman Laufenburger asked for clarification of how the pedestrian underpass at Minnewashta Parkway into the Arboretum will function. CANINE CLUB & SPA EXTENSION (SUPERDOG II): REQUEST FOR SITE PLAN REVIEW FOR A 5,281 SQ. FT. BUILDING EXPANSION TO THE APPROVED 21,020 SQ. FT. BUILDING NDRD AREA; 2910 82 STREET (LOT 1, BLOCK 1, ARBORETUM BUSINESS PARK 3 ADDITION); APPLICANT/OWNER: KAREN JACKSON. Kate Aanenson presented the staff report and Planning Commission update. Karen Jackson explained the plans for expansion and agreed to post escrow to delay planting of 15 trees. Council members asked for further clarification on how the ultrasound system works to stop dogs from barking, if the applicant was comfortable with the escrow, and timeframe for monitoring the facility. Councilman McDonald moved, Councilwoman Tjornhom seconded that the City Council approve a 5,281 square-foot expansion to the approved site plan for a total of 26,301 square feet of building area subject to the following conditions and adoption of the attached Findings of Fact and Recommendation: Building Official Conditions: 1. The buildings are required to have automatic fire extinguishing systems. 2. Building plans must be prepared and signed by design professionals licensed in the State of Minnesota. 3. Retaining walls over four feet high must be designed by a professional engineer and a permit must be obtained prior to construction. 2 City Council Summary – September 10, 2012 4. The owner and/or their representative shall meet with the Inspections Division as soon as possible to discuss property line issues as well as plan review and permit procedures. 5. Any work on existing utilities on site will have to be coordinated carefully with the affected utility to insure there is no interruption of customer service. Engineering Conditions: 1. Additional information and calculations must be submitted to determine if the regional pond can accommodate the proposed additional impervious areas. The applicant shall work with staff on revised calculations. 2. If importing or exporting material for development of the site is necessary, the applicant will be required to supply the City with detailed haul routes. 3. The developer will need to work with staff to minimize the height of the retaining wall on the west side of the proposed parking lot. Currently, the finished wall is outside the drainage and utility easement, but the structural support will likely be located within the drainage and utility easement. All structural support for the wall must be located outside of the drainage and utility easement. 4. Building permits are required for all retaining walls four feet tall or higher and must be designed by a Structural Engineer registered in the State of Minnesota. Due to the height of the retaining wall, a fence must be placed on the top for safety at any location that the vertical separation of the ground is greater than four feet. 5. The City of Chaska will be providing sewer and water service to this site. Approvals, permits, and fees for sewer and water will be with the City of Chaska. 6. The sanitary sewer along the west property line, storm sewer along the east property line, and storm sewer along the south property line shall be publicly owned and maintained. All other utilities within the property boundary will be privately owned and maintained. 7. Details must be provided for all proposed storm sewer, sanitary sewer, and watermain crossings. Actual elevations of existing utilities shall be verified for accuracy. A minimum vertical separation of 18 inches is required at all storm, sanitary, and watermain crossings. Contact Gordy Stauff at 952- 227-1166 with the City of Chanhassen Engineering Department 48 hours prior to connecting to the storm. 8. Each new building is subject to sanitary sewer and water hookup charges. Sanitary sewer and water hookup fees are unknown at this time, but will be need to be paid to the City of Chaska. 9. All of the utility improvements are required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. The applicant is also required to provide the City with the necessary financial security in the form of a letter of credit or cash escrow in the amount of $9,000.00 to guarantee the installation of the storm sewer, erosion control, and seeding. The applicant must also notify the City after installation of the erosion control and 48 hours prior to the commencement of grading. Permits from the appropriate regulatory agencies will be required, including the MPCA and the Dept. of Health. 10. Encroachment agreements will be needed for the fence in the drainage and utility easements. 3 City Council Summary – September 10, 2012 11. The applicant shall work with staff to make changes to plans according to staff redlines. Environmental Resource Specialist Conditions: 1. Increase plantings for bufferyard areas in order to meet ordinance requirements. 2. Transplanted trees will not be accepted as quantities to meet minimum landscape requirements. 3. To control noise the applicant must install, maintain and operate an ultrasonic noise abatement system. City staff will review the effectiveness of the system 6 months after the system is operational and then 12 months after it is operational. If city staff concludes there’s an issue with noise they will bring it back to the City Council and the City Council may require the planting of 15 trees to replace the noise abatement system. The applicant shall escrow X dollars as determined by city staff to guarantee that the trees are planted. 4. Fire Marshal Conditions: 1. A three-foot clear space shall be maintained around the circumference of the fire hydrant per MSFC Section 508.5.5. 2. Nothing shall be placed in a manner that would prevent operation of the fire hydrant by firefighters. MSFC Section 508.5.4. Planning Conditions: 1. The applicant shall enter into a site plan agreement with the City and provide the necessary security to guarantee erosion control, site restoration and landscaping. 2. Mechanical equipment shall be screened through the placement on the roof, the use of parapet walls and the use of low-profile equipment. 3. The applicant shall extend the sidewalk on the west side of the building to the south to connect to the sidewalk across the south side of the buildings, and to the north to the sidewalk along the north side of the building. 4. A separate sign permit is required for each sign. 5. The applicant shall prepare and implement an additional noise abatement/mitigation plan. Water Resource Coordinator Conditions: Surface Water Drainage and Treatment 1.While it does not appear that the site will exceed the maximum 70% hardcover as allowed by §20-505, calculations must be provided. These calculations shall include the artificial turf areas. 2.The submittal shall indicate if there is an underdrain system for the artificial turf areas. If there is, show how this is connected to the public conveyance system. The applicant must also describe how this system prevents animal wastes from entering the storm sewer 4 City Council Summary – September 10, 2012 system. 3.The landscape plan calls out non-woven weed mat. This should be changed to reflect that -1 the fabric must have a minimum permittivity of 0.7 sec as described in ASTMD -4491 and an apparent opening size maximum of 0.25 mm. If this is not acceptable for the landscaping purposes, this area shall be calculated as hardcover for both planning and stormwater modeling purposes. Erosion and Sediment Control 1.The applicant shall provide the NPDES Permit number prior to commencement of earth disturbing activities. 2.The SWPPP shall be amended such that under Project Contacts, the City contact is Terry Jeffery, Water Resources Coordinator 952-227-1168 and Chip Hentges, Carver County SWCD, 952-393-1146 shall be added. 3.That portion of the SWPPP with the heading “Responsibility Requirements” shall be completed in full and submitted to the City and included in the on-site SWPPP prior to the commencement of earth disturbing activities. 4.Per Part III. A. 3 of the NPDES permit, a narrative describing the timing and placement of all erosion prevention and sediment control BMPs must be included in the SWPPP. All voted in favor and the motion carried unanimously with a vote of 4 to 0. CONSENT AGENDA: 1(G). REQUEST TO AMEND THE SUNNY SLOPE PLANNED UNIT DEVELOPMENT-RESIDENTIAL (PUD-R) TO INCORPORATE UNIQUE DEVELOPMENT STANDARDS AND REFERENCE THE SINGLE FAMILY RESIDENTIAL (RSF) DISTRICT. Daniel White asked that this item be tabled to allow neighborhood residents an opportunity to communicate with the planning staff to better understand what is being proposed. Councilman McDonald moved, Councilwoman Tjornhom seconded that the City Council table the request to amend the Sunny Slope Planned Unit Development-Residential (PUD-R) to incorporate unique development standards and reference the Single Family Residential (RSF) District and request staff meet with the residents in this neighborhood. All voted in favor and the motion carried unanimously with a vote of 4 to 0. PROPOSED 2013 BUDGET: RESOLUTION APPROVING/CERTIFYING MAXIMUM PROPOSED PRELIMINARY LEVY TO THE CARVER COUNTY AUDITOR. Greg Sticha presented details of the proposed 2013 budget and scenarios for setting the preliminary levy. Councilman McDonald asked for clarification of employee wage increase and health care costs. Councilman Laufenburger asked for clarification of budgeted and actual spending of expenditures and the fire relief line item. Mayor Furlong asked for clarification on expenditures, new growth numbers, salary increase comparisons to other cities, and the pay for performance program. After comments from council members the following motion was made. 5 City Council Summary – September 10, 2012 Resolution #2012-47: Councilman Laufenburger moved, Councilman McDonald seconded that the Chanhassen City Council adopt the resolution establishing the preliminary 2013 General Fund Budget of $9,747,400 and establish a total preliminary levy of $10,338,690 for 2013. All voted in favor and the motion carried unanimously with a vote of 4 to 0. COUNCIL PRESENTATIONS. Councilman Laufenburger congratulated and recognized the Victoria Vics for capturing the Class B State Baseball Championship. ADMINISTRATIVE PRESENTATIONS. The City Manager did not have any administrative presentations. Mayor Furlong asked Paul Oehme to provide an update on the street project in the Minnewashta Heights neighborhood and construction of the water tower at Minnetonka Middle School West. CORRESPONDENCE DISCUSSION. None. Councilwoman Tjornhom moved, Councilman McDonald seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 4 to 0. The City Council meeting was adjourned at 9:00 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 6