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CC SUM 2013 04 22 CHANHASSEN CITY COUNCIL REGULAR MEETING SUMMARY MINUTES APRIL 22, 2013 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 McDonald, Councilwoman Tjornhom, Councilwoman Ernst, and Councilman Laufenburger STAFF PRESENT: Todd Gerhardt, Paul Oehme, Kate Aanenson, Todd Hoffman, Greg Sticha, Jill Sinclair, and Roger Knutson PUBLIC PRESENT: Lance & Diane Erickson 7735 Vasserman Trail Daly Myers 7421 Windmill Drive Cathy Meyer 7662 Ridgeview Way Kathie Price 7569 Ridgeview Point Miron Marcotte 7240 Galpin Boulevard Tom Bell 7381 Fawn Hill Road Ken Wench 8412 Waters Edge Drive Anny Heggelman 7712 Vasserman Trail Kathryn Peterson 7713 Vasserman Place Roger Van Haafter 2102 Clover Court Norma May 2050 Clover Court Denn Kelly 9100 Overlook Court Dan Bock 7677 Vasserman Trail Stacy Beno 7563 Ridgeview Point William Brown 7676 Prairie Flower Boulevard Chuck & Loretta Gaetzing 7521 Windmill Joel Robertson 7596 Walnut Curve Lori Moser 7632 Ridgeview Way Joe Kieffer 7602 Ridgeview Way Andy Maus 7656 Ridgeview Way Keith & Regina Deanes 7651 Ridgeview Way Nicole Muschewske 2241 Hunter Drive Eileen Kieffer 7602 Ridgeview Way Craig & Nora Stacey 7699 Ridgeview Way David & Shawna Kersten 7561 Beacon Court Jinjun Xrao 7704 Vasserman Place Brad Hodgins 7633 Vasserman Trail Mike Shields 7759 Vasserman Trail Larry Martin 7725 Vasserman Trail Laurie Susla 7008 Dakota Avenue Paul Brady 2028 Clover Court Ron Kleve 7307 Laredo Drive Cole Kelly 1556 Bluebill Trail Luke Thunberg 1701 Mayapple Pass Brent Carron 7059 Highover Drive City Council Summary – April 22, 2013 Debby Tysdal 7661 Arboretum Village Lane Stephanie Klein 7710 Ridgeview Way Melissa Crow 7663 Ridgeview Way Mike Muffenbier 7675 Ridgeview Way Scott Yager 2351 Hunter Drive Jeff Weyandt 7626 Ridgeview Way J.P. Meyer 6980 Lora Lee Lane, Eden Prairie Art Roberts 7762 Vasserman Place Dave Callister 7541 Windmill Drive Mark Magnuson 7715 Vasserman Trail Doug Allen 2250 Lukewood Drive David Windschitl Vasserman Ridge Neighborhood Matt Thomas 2555 Longacres Drive PUBLIC ANNOUNCEMENTS: Mayor Furlong invited the public to attend the Arbor Day Celebration th activities being held on Saturday, May 4 at Lake Susan Park. PRESENTATION OF ARBOR DAY POSTER CONTEST WINNERS. Katie Mahannah and Matthew Myers from the Environmental Commission helped Mayor Furlong present awards to the following fifth graders for the Arbor Day Posters contest: Adam Beer, Carley Connelly, Sydney Curtis, Miguel Lantigua, Adelaid McGinnis, Elizabeth Murphy, Dain Nelson, Rocky Paullus, and the grand prize winner, Lucy Treat. Brandon Acosta, Allison Sosa Lopez and Nora Wagner were not present to receive their awards. PRESENTATION OF AWARDS/CERTIFICATES FOR OUTGOING COMMISSIONERS. Mayor Furlong presented a Certificate of Appreciation to Peter Aldritt and Maple Leaf Awards to Kathleen Thomas and Tom Kelly. William Colopoulos and Robert Kircher were not present to receive their awards. CONSENT AGENDA: Councilman Laufenburger moved, Councilwoman Ernst seconded to approve the following consent agenda items pursuant to the City Manager’s recommendations: a. Approval of Minutes: -Joint City Council/Planning Commission Work Session Minutes dated April 2, 2013 -City Council Work Session Minutes dated April 8, 2013 -City Council Verbatim and Summary Minutes dated April 8, 2013 Receive Commission Minutes: -Planning Commission Verbatim and Summary Minutes dated April 16, 2013 -Park and Recreation Commission Verbatim and Summary Minutes dated March 26, 2013 b. Approve Purchase of Riley Ridge Park Playground Equipment and Picnic Shelter. c. Approve Amendment to City Code Concerning Park and Recreation Commission Membership. d. Award of Bid: Replacement of City Hall Copiers. Resolution #2013-24: f. Approve Trunk Highway 5 Signal Painting Quote. Resolution #2013-25: g. Approval of Resolution Proclaiming Arbor Day as May 4, 2013. 2 City Council Summary – April 22, 2013 h. Approval of Fireworks Display Permit for Lake Minnewashta Fireworks Committee, July 4, 2013, Americana Fireworks Display Company. Resolution #2013-26: i. Approve Resolution Accepting 2013 Community Events Sponsorship Donations from Area Businesses. All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS. Laurie Susla, Dakota Avenue thanked council members for the productive conversation that happened during the working session regarding AIS inspections at city lakes and supported the idea of forming a task force, consisting of people from different points of view, to come up with a plan that is a little stronger than the one that’s currently proposed. LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE. Lt. Jeff Enevold explained the actions taken by Judy Frane to receive a Citizens Coin. However she was not present so this item will be rescheduled in the future. Lt. Enevold then reviewed safety tips for teen drivers, and provided an update on a burglary at Gina Marie’s Pizza. Chief John Wolff announced the retirement of the Fire Department’s most senior fire fighter, Dale Gregory after 42 years of service and read his list of accomplishments over those years. His wife Roseanne was also recognized for her involvement in the fire department and support of Dale over those years. CHANHASSEN APARTMENTS, LOCATED ON THE NORTHWEST CORNER OF HIGHWAY 5 AND GALPIN BOULEVARD, APPLICANT: OPPIDAN, INC./OWNER: AMERICANA COMMUNITY BANK-CHANHASSEN: A. REQUEST FOR REZONING APPROXIMATELY 14 ACRES FROM AGRICULTURAL ESTATE (A-2) TO PLANNED UNIT DEVELOPMENT-RESIDENTIAL (PUD-R); B. SITE PLAN REVIEW WITH VARIANCES FOR A 155-UNIT APARTMENT BUILDING, LAND USE MAP AMENDMENT FROM RESIDENTIAL-LOW DENSITY AND OFFICE TO RESIDENTIAL-LOW AND HIGH DENSITY AND OFFICE AND RESIDENTIAL- HIGH DENSITY PLANNED UNIT DEVELOPMENT (PUD). Kate Aanenson presented the staff report and Planning Commission update on this item. Brandon Bourden with Kimley-Horn and Associates reviewed the traffic analysis report information. Regarding the traffic study, Councilman McDonald asked if future development numbers were taken into account, and clarification of zoning, number of units per acre, and fees. Councilwoman Ernst asked for clarification of what’s considered acceptable in the traffic study regarding U turns and the right-in/right- out movements. Councilwoman Tjornhom asked about safety concerns with having only one access. Councilman Laufenburger asked about the traffic study and suggested doing a follow up traffic study a year or two after the project is completed to see if the traffic predictions were accurate. Mayor Furlong asked about comparing traffic generated from high density residential versus office/retail, future traffic predictions, length of time to gather information for the traffic study, clarification on building height, parking requirements, and wording for the conservation of the northern Parcel A. The applicant’s representative, Paul Tucci addressed issues regarding traffic, the unit count, the height of the building, positioning of the building, and fees. Mayor Furlong opened the meeting for public comment. Larry Martin from the Vasserman Ridge neighborhood commented on the dangers associated with an th increase in bike traffic along West 78 Street and Galpin Boulevard, that continual maintenance on the landscaping in Parcel A be paid by the developer, not the City, installation of berms to shield headlights, concern with the traffic study being conducted on only one day, and the number of parking stalls. Art 3 City Council Summary – April 22, 2013 Roberts, 7762 Vasserman Place commented on public reaction to statements that merchants in the city center are putting pressure on city officials not to put office/commercial in this area. Cathy Meyer, 7662 Ridgeview Way asked for clarification on why 16 units per acre versus 8 or 10 units per acre. Dave Callister, 7541 Windmill Drive asked why is the City looking to amend it’s Comprehensive Plan. He discussed that the northern Parcel A is already in the Bluff Creek Overlay District and has sanitary sewer easements and does not see a good reason or trade off for the density transfer due to the fact that the th previous property owner was compensated for road right-of-way to build West 78 Street and the sanitary sewer easement. Mr. Callister continued with this concern with the addition of 2,000 medium and high th density residential units being planned along to the east on West 78 Street in the future. Mark Magnuson, 7715 Vasserman Trail discussed the reasons why the 2006 project showed the northern parcel being undevelopable, his belief that the size of the project is too big for the site when compared to the Lake Susan Apartments, and his concern with the number of U turns currently and into the future. Lori Moser, 7632 Ridgeview Way explained why she thinks this project is putting the cart before the horse, th meaning the traffic situation at Galpin Boulevard and West 78 Street has to be addressed before doing anything else. Cathy Price, 7569 Ridgeview Point commented that collecting traffic data in March doesn’t take into account the human factor and opposed the property being rezoned. Doug Allen, 2250 Lukewood Drive expressed safety concern with pedestrian traffic going to recreational facilities on Galpin Boulevard. David Windschitl, Vasserman Ridge neighborhood, asked for clarification of the traffic study asking if future high density development to the east was considered, and that he was still struggling with the amount of density and the overall size and scope of the height of the building. Matt Thomas, 2555 Longacres Drive questioned why staff was so willing to change the Comprehensive Plan for this project, funding sources for a sound dampening wall, and the length of time conducted for the traffic study. J.P. Meyer, 6980 Lora Lee Lane, Eden Prairie, being a realtor in the city explained how this project will decrease the value of neighboring properties and the need to look long term when planning the city’s growth. Dan Bock, 7677 Vasserman Trail stated his belief that the plans are going in the right direction but aren’t done yet, explained his need to protect his investment, and concerns with traffic, density, and the height of the building. Joel Robertson, 7596 Walnut Curve stated his concerns specifically with the high density being created with the existing traffic. Josh Kimber, being a small town kid and being anchored to Chanhassen, stated he and his wife were looking forward to a hospital, businesses, or offices in this area. Eileen Kieffer from the Vasserman Ridge neighborhood talked about the lack of sidewalks on their side of Galpin and the fact that she does not let her high school son drive to th school because the West 78 Street and Galpin Boulevard intersection is so dangerous. Mayor Furlong closed the public portion of the meeting and brought it back to council members for comments. After comments and discussion the following motions were made. Resolution #2013-27: Councilman Laufenburger moved, Councilman McDonald seconded that the approve a Land Use Map Amendment from Residential-Low Density Chanhassen City Council and Office, to Residential-Low and High Density and Office and Residential-High Density Planned Unit Development (PUD) subject to the following condition: 1.Approval of the Land Use Amendment subject to the Metropolitan Council determination of consistency with system plan. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Councilman Laufenburger moved, Councilman McDonald seconded that the Chanhassen City Council approve Rezoning of approximately 14 acres from Agricultural Estate (A-2) to Planned Unit Development-Residential (PUD-R) subject to the following condition and adoption of the attached Findings of Fact and Recommendation: 4 City Council Summary – April 22, 2013 1.Adoption of the Chanhassen PUD Ordinance, which shall be created to govern the site and design standards. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Councilman Laufenburger moved, Councilman McDonald seconded that the Chanhassen City Council approve a Site Plan for a 155-unit Apartment Building with a Variance for parking subject to the following conditions; change to Section 9 of the ordinance to read as follows: T he ordinance shall be effective upon the recording of a conservation easement on Parcel and adoption of the attached Findings of Fact and Recommendation: A satisfactory to the City; 1.Approval of the Land Use Amendment subject the Metropolitan Council determination of consistency with system plan. 2.Adoption of the Chanhassen PUD Ordinance, which shall be created to govern the site and design standards. 3.Execution of the Site Plan Permit. 4.Payment of $294,500 park and trail fee and $116,500 stormwater fee prior to the issuance of a building permit. 5.Parcel A shall be dedicated to the City, or have a conservation easement placed on it, for management consistent with the Bluff Creek Management Plan, the Bluff Creek TMDL and nd the 2 Generation Surface Water Management Plan. 6.The applicant and the City should work together to develop an appropriate mitigation scenario. 7.Any portion of the wetland presumed to be impacted under an alternate development scenario, which would require the use of Parcel A and is subsequently transferred to Parcel B for density calculations, be mitigated for at a 1:1 ratio. This mitigation should occur within the Bluff Creek Overlay District but does need to be in the form of wetland. The developer must calculate the net developable acres of the site and wetland acreage. 8.The wetland delineation report shall be finalized. 9.All existing trees proposed to be saved must be protected with fencing during construction or replaced after construction if damaged or dead. 10.The selections of Colorado spruce must be replaced by a different evergreen species in the plant schedule. 11.Before final approval for the project, the applicant will need to determine future management plans for the existing ash trees. If preserved, the applicant will be required to chemically 5 City Council Summary – April 22, 2013 protect or, if infested, remove and replace the trees. If the applicant decides to remove and replace the trees at this time, a revised landscape plan will be required. 12.Staff recommends that the curb radius at the driveway access be increased to facilitate the turning movements of larger vehicles. 13.Appropriate signage must be installed 10 days prior to and for the duration of the work within West 78th Street. 14.The developer must coordinate the closure of West 78th Street with the Engineering Department minimum 72 hours prior to the closure. 15.A $10,000 escrow must be provided to ensure that West 78th Street is properly restored. Once the street has been restored to satisfactory condition, 50% of the escrow will be released; the remaining 50% will be released if the patch is in satisfactory condition after one freeze-thaw cycle. 16.Minimum 18-inch vertical separation is required between the private watermain and the private storm sewer crossing. 17. The developer shall submit $5,000 with the site plan agreement to cover half of the cost of the signal modification at TH 5 and Galpin Boulevard to accommodate a flashing yellow passive-permissive signal. 18.The developer shall pay one-half the cost of the traffic study. 19.City trunk sanitary sewer hookup fees (City SAC), City trunk watermain hookup fees (City WAC) and the Met Council Sanitary Access Charge (Met SAC) are due with the building permit at the rate in effect at that time and shall be based on the SAC unit determination per the Met Council. 20.A “General Permit Authorization to Discharge Stormwater Associated with Construction Activity Under the National Pollution Discharge Elimination” will be required for this project. Proof of permission from the PCA must be provided to the City before grading can commence. 21.A Surface Water Management Plan is required and shall be submitted to the City for review and comment. This plan shall incorporate the required elements of Parts III, IV and Appendix A of the NPDES permit. 22.Both the Bluff Creek Total Maximum Daily Load Implementation Plan and the NPDES Permit require that a portion of the Water Quality Volume is infiltrated on-site. The Stormwater Management Study shall be modified to address this requirement and incorporated into the SWPPP. 6 City Council Summary – April 22, 2013 23.Because the site discharges to an impaired water, the discharge rates for the one-year design event must also be equal to or less than the existing discharge rates. The Stormwater Management Study shall be modified to address this requirement and shall be incorporated into the SWPPP. 24.In order to protect Bluff Creek, meet the goals of the Bluff Creek Natural Resources Management Plan and the Bluff Creek TMDL Implementation Plan, staff is recommending th that the portion of the property north of West 78 Street be preserved through an easement to th the City and that this density should be transferred to that portion south of West 78 Street. 25.Sheet C-3 GRADING AND EROSION CONTROL PLAN shall be amended to include the following: a.The swale draining into the proposed pond shall be stabilized for its entirety as it is less than 200 feet in length. b.An appropriate perimeter BMP shall be shown and installed around the proposed outlet modification for the southern wetland. c.Silt fence or another acceptable BMP shall be installed on the north end of the culvert th under West 78 Street. d.The EOF from the pond to the wetland shall be permanently stabilized. This is addressed in the Drainage Report but is not included in the Grading and Erosion Plan. A turf reinforcement mat is an acceptable practice as is called out in the drainage report. 26.Minnesota Department of Transportation will need to review and approve the drainage plan. 27.The applicant shall revise the plans to incorporate sidewalk connections to existing trails. 28.The building plans must be prepared and signed by design professionals licensed in the State of Minnesota. A “Code Record” is required (Code Record schematic plans may be same scale as architectural). For “Code Record” information go to MN Dept. of Labor and Industry: http://www.dli.mn.gov/CCLD/PlanConstruction.asp 29.The building(s) must be protected with automatic fire sprinkler systems. 30.An accessible route must be provided to buildings, parking facilities, public transportation stops and all common use facilities. 31.All parking areas, including parking garages, must be provided with accessible parking spaces dispersed among the various building entrances. 32.Accessible dwelling units must be provided in accordance with Minnesota State Building Code Chapter 1341. 7 City Council Summary – April 22, 2013 33.The building owner and/or their representatives should meet with the Inspections Division to discuss plan review and permit procedures (in particular, type of construction and allowable area issues must be addressed). 34. Due to the large size of this building, class III Fire Dept, standpipes will be required. Have developer contact Fire Marshal for exact locations. MSFC Sec. 905.3.9. 35.“ No Parking Fire Lane “ signs will be required. Have developer contact Fire Marshal for exact locations. MSFD Sec. 505.3| 36. An additional on site fire hydrant will be required. Contact Fire Marshal for location. 37.A PIV ( post indicator valve ) will be required. 38.A three-foot clear space must be maintained around fire hydrants. MSFC Sec 508.5.4.” All voted in favor and the motion carried unanimously with a vote of 5 to 0. (The City Council took a short recess at this point in the meeting.) TH 101 (LYMAN BOULEVARD TO PIONEER TRAIL) IMPROVEMENT PROJECT: ACCEPT BIDS AND AWARD CONSTRUCTION CONTRACT; APPROVE RESOLUTION AND PROJECT FUNDING AGREEMENT CONTRACT WITH MNDOT. Paul Oehme presented the staff report on this item outlining the purpose, scope of the project and proposed construction schedule. Mayor Furlong asked for clarification on funding sources and allocation and detour routes. Councilman McDonald asked about the timelines associated with the construction. After comments from council members, the following motions were made. Resolution #2013-28: Councilman McDonald moved, Councilman Laufenburger seconded that the Chanhassen City Council accepts bids and awards a contract to Eureka Construction, Inc. in the amount of $7,434,402.60 for the TH 101 (Lyman Boulevard to Pioneer Trail) Improvements, Project 12-06. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Resolution #2013-29: Councilman McDonald moved, Councilman Laufenburger seconded that the Chanhassen City Council approves the Funding Agreement with MnDOT. All voted in favor and the motion carried unanimously with a vote of 5 to 0. COUNCIL PRESENTATIONS. Councilman Laufenburger commented that he and his family attended the production of Joseph and the Technicolor Dreamcoat at the Chanhassen Dinner Theater. Councilman McDonald commented on the Rotary’s Gala where Vernelle Clayton was given the Distinguished Service Award. Mayor Furlong thanked Mr. Gerhardt for allowing the Chanhassen Historical Society to use the Maple Room for their annual meeting. 8 City Council Summary – April 22, 2013 ADMINISTRATIVE PRESENTATIONS. Todd Gerhardt discussed a video of snowplow driver Tony Abernathy’s encounter with Lucky the snowman, and the display at City Hall showing the new river crossing bridge design. CORRESPONDENCE DISCUSSION. None. Councilwoman Tjornhom moved, Councilwoman Ernst seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The City Council meeting was adjourned at 11:30 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 9