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SUM 2003 12 08CHANHASSEN CITY COUNCIL REGULAR MEETING SUMMARY MINUTES DECEMBER 8, 2003 Mayor Furlong called the meeting to order at 7:10 p.m. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilman Labatt, Councilman Ayotte, Councilman Lundquist and Councilman Peterson STAFF PRESENT: Todd Gerhardt, Roger Knutson, Justin Miller, Bruce DeJong, Todd Hoffman, Kate Aanenson, and Matt Saam PUBLIC PRESENT FOR ALL ITEMS: Anna Buller Mitch Davis Pat Farrell Josie Tidke Michelle Gmach Suzy Karius Josh Iskierka Allison Alejo Jeff Windquist Jerry & Janet Paulsen Debbie Lloyd Tom Kelly Bruce Feik 2862 Timberview Trail, Chaska 679 Woodridge Drive, Chaska 6541 Minnewashta Parkway 300 Pondview Lane 670 Liberty Court 782 Liberty Heights Drive, Chaska 569 Summerfield 7465 Chippewa Trail 8705 Mary Jane Circle 7305 Laredo Drive 7302 Laredo Drive Park and Rec Commission Planning Commission PUBLIC ANNOUNCEMENTS: Mayor Furlong welcomed people in the audience and watching at home. The agenda was amended to delete item number 8 per the applicant's request. CONSENT AGENDA: Councilman Peterson moved, Councilman Ayotte seconded to approve the following consent agenda items pursuant to the City Manager's recommendations: Approval of Minutes: -City Council Work Session Minutes dated November 24, 2003 -City Council Verbatim & Summary Minutes dated November 24, 2003 -Truth in Taxation Minutes dated December 1, 2003 Receive Commission Minutes: -Planning Commission Verbatim & Summary Minutes dated November 18, 2003 City Council Summary - December 8, 2003 b. Call for Public Hearing on Municipal Consent for New TH 212, Project 03-09. Approval of Request for Conditional Use Permit #2003-8 to Allow a Food Processing Facility (Main Street Bakery) to be Located in an Existing Industrial Office Building; Located at the Northwest Corner of Mallory Court and Lake Drive West, Welman Sperides Architects. Approval of Request for Wetland Alteration Permit #2003-03 for the Placement of a Dock, 6735 Lakeway Drive, Anthony Roepke. Approval of Amendments to City Code; Including Summary Ordinances for Publication Purposes: 1) Chapter 3) Chapter 4) Chapter 5) Chapter 6) Chapter 7) Chapter 8) Chapter 9) Chapter 1, General Provisions, Definitions, as amended. 6, Boats & Waterways 9, Fire Prevention & Protection 10, Article VIII, Rental Dwelling Licenses 12, Motor Vehicles & Traffic 14, Parks & Recreation 17, Streets & Sidewalks 19, Water, Sewers & Sewage Disposal as amended. Burlwood First Addition, Located at the Southwest Corner of Lake Lucy Road and Powers Boulevard: 1) Final Plat Approval 2) Approval of Plans & Specifications and Development Contract Approval of Temporary On-Sale Beer License, Chanhassen Lions Club, February Festival on Lake Ann, February 7, 2004 i. Approval of 2004 Meeting Schedule Resolution #2003-104: Approval of Plans & Specifications and Authorization for Bids; Remodeling Project in the Lower Level of City Hall. k. Approval of: 1) 2004 Police Contract 2) Addendum to Police Contract Approval of Contract with Casablanca Orchestra for July 4, 2004 Celebration. m. Approval of Resolutions Authorizing Conveyance of Tax Forfeited Lands. n. Approval of Skating Rink Policy. 2 City Council Summary - December 8, 2003 All voted in favor and the motion carried unanimously with a vote of 5 to 0. C. APPROVAL OF REQUEST FOR A CONDITIONAL USE PERMIT #2003- 7 TO ALLOW A CONTRACTOR'S YARD WITHIN AN INDUSTRIAL OFFICE PARK; LOT 8, BLOCK 1, CHANHASSEN LAKES BUSINESS PARK 7TM ADDITION, BENIEK PROPERTY SERVICES. Councilman Labatt requested to delete condition number 3 and amend condition number 7 to delete the last sentence. Roger Knutson stated the last sentence should remain but be amended. Councilman Labatt moved, Councilman Ayotte seconded that the City Council approve the Conditional Use Permit #2003-7 to allow a contractor's yard in the lOP district for Beniek Property Services Incorporated, to locate at Lot 8, Block 1, Chanhassen Lakes Business Park 7th Addition as shown on plans dated received October 7, 2003, subject to the following conditions: 1. The applicant shall enter into a conditional use permit agreement with the city. 2. Compliance with conditions of site plan and plat approval. 3. No unlicensed or inoperable vehicle/equipment shall be stored on the premises. All chemicals shall be stored indoors in property storage facilities, specified by OSHA regulations. Materials stored within the contractor's yard shall be limited to miscellaneous landscaping material and vehicles, trailers or equipment related to a landscaping business. The northern boundary of the contractor's yard shall be clearly delineated with pavement striping specifically within the 2,971 square feet. The concrete block screen wall shall be made of the like exterior materials of the building. 8. Engineering shall verify adequacy of drive aisle prior to City Council. All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS: Mitch Anderson, 2853 Timberview Trail, Chaska spoke on behalf of a group of residents from the Autumn Wood neighborhood, which borders the 2005 MUSA and AUAR study area. They have been following the process and had a couple of observations and comments to make. In the face of all the data provided by the AUAR, it seems like the City Council Summary - December 8, 2003 comprehensive plan is out of scope. Some of the data suggests that fine tuning of the comprehensive plan might be appropriate and in fact very effective mitigation strategy. They would recommend that the council use the results of the AUAR as an optimum reason to revisit the comprehensive plan at this time, or at some point in the future. There are opportunities to increase the tax capacity of the area by relocating some of the medium density land uses closer to 212. Data shows that tax revenue per acre in Chanhassen is highest for commercial land uses at an average of about $35,000 per acre. Second highest for single family development at an average of $15,000 per acre. In addition both of those land uses have lower cost associated with them for both city services and for the school districts when compared to medium density. Concern is if the AUAR is approved tonight, it's not clear what tools the city has at it's disposal to prevent the worst case scenario from becoming the most likely scenario. LAW ENFORCEMENT UPDATE~ SERGEANT JIM OLSON~ CARVER COUNTY SHERIFF'S DEPARTMENT. Sergeant Olson reviewed the sheriff' s office area report and citation list for the month of October. Also included in the report is a copy of the crime alerts put out by Beth Hoiseth, the Crime Prevention Specialist, Crime Prevention report by Beth Hoiseth and a couple of miscellaneous items. He thanked the council for purchasing the speed trailer to assist in education and data collection. As was discussed in the work session, he outlined what was discussed with the 2004 work plan. He explained there is going to be a change over with deputies this year. Deputy Ken Brooks will be joining the city on December 15th, and Deputy Brian Strangberg will be going to a different area in the county. He provided background information on Deputy Brooks. Councilman Ayotte asked Sergeant Olson to explain his view on the need for an additional investigator for the City of Chanhassen and why he thinks it would or would not be a benefit. PUBLIC HEARING & ADOPTION OF THE 2004-08 CAPITAL IMPROVEMENT PROGRAM. Bruce DeJong explained that the public hearing has been advertised and recommended to go ahead and hold the public hearing. However, in discussions with the city attorney, Mr. Knutson, he' s determined the need to run the public hearings through the Planning Commission according to Minnesota Statute 462.356 and recommended this item be tabled until January. Mayor Furlong opened the public hearing. No one spoke and the public hearing was closed. Councilman Labatt moved, Councilman Lundquist seconded that the City Council table the adoption of the 2004-08 Capital Improvement Program until January, 2004. All voted in favor and the motion carried unanimously with a vote of 5 to 0. CONSIDER ADOPTION OF THE 2004 BUDGET AND THE AMENDED 2003 BUDGET. 4 City Council Summary - December 8, 2003 Bruce DeJong reviewed the budget process that has taken place to date and recommended that the council approve the 2004 budget. Mayor Furlong thanked staff for working so well with the council throughout this entire process. Resolution #2003-105: Councilman Lundquist moved, Councilman Ayotte seconded to approve the 2004 budget and tax levy as presented. All voted in favor and the motion carried unanimously with a vote of 5 to 0. ALTERNATIVE URBAN AREA-WIDE REVIEW (AUAR), 2005 MUSA AREA, CONSIDER ADOPTION OF MITIGATION. Public Present: Name Address Terry Matola Krista Novack Jeff& Susan Lundgren Jill & Mitch Anderson Aline Stewart Bryan & Claire Saathuff John Chadwick Eden Prairie Eden Prairie 2855 Timberview Trail, Chaska 2853 Timberview Trail, Chaska 2848 Timberview Trail, Chaska 2910 Butternut Drive, Chaska 11430 Zion Circle, Bloomington Kate Aanenson provided the staff report and update from two public hearings held at the Planning Commission. Councilman Ayotte asked staff to explain the time line associated with the process and feasibility studies. Councilman Lundquist asked for clarification on the process to update the comprehensive plan in this area. Mayor Furlong asked staff to explain what the AUAR does in terms of placing a commitment or obligations, either on the city or on future councils. Resolution #2003-106: Councilman Ayotte moved, Councilman Peterson seconded to approve the resolution adopting a final alternative urban areawide review (AUAR) and mitigation plan for the 2005 Metropolitan Urban Services Area (MUSA) as presented. All voted in favor and the motion carried unanimously with a vote of 5 to 0. City Council Summary - December 8, 2003 REQUEST FOR A SHORELAND SETBACK AND HARD SURFACE COVERAGE VARIANCES FOR THE CONSTRUCTION OF AN ADDITION ON PROPERTY ZONED RESIDENTIAL SINGLE FAMILY~ 114 SANDY HOOK ROAD~ SAWHORSE DESIGN. Public Present: Name Address Rick Riley Bill Chenvert Brad Schoen Sawhorse Designers and Builders Sawhorse Designers and Builders Sawhorse Designers and Builders Kate Aanenson presented the staff report and provided the Planning Commission update. Councilman Lundquist asked for clarification on when the house was built in relation to passing new setback requirements. Councilman Peterson asked staff to clarify it's recommendation on leaving the horseshoe driveway in or adding a turn around and how it affects the amount of impervious surface. Rick Riley with Sawhorse Designers and Builders spoke on behalf of the applicants. He explained how the level slope of the lot and pavers driveway helps with runoff. He requested that condition number 3 relating to removal of the horseshoe driveway be removed. He showed photos of properties in the neighborhood labeled A through G with horseshoe driveways. Councilman Lundquist moved, Councilman Peterson seconded that the City Council approves Variance #2003-17 for a 21 foot variance from the 75 foot shoreland setback requirement as shown on plans dated 9/30/03, prepared by Sawhorse Designers and Builders, and approve the 3.9% hard surface coverage variance from the 25% maximum standard, based upon findings in the staff report and with the following conditions: The applicant shall reduce impervious surface to 28.9%. The applicant shall install a silt fence prior to any excavation. The applicant shall protect the existing willow trees. All voted in favor and the motion carried unanimously with a vote of 5 to 0. REQUEST FOR SITE PLAN APPROVAL WITH VARIANCES FOR THE CONSTRUCTION OF A CLINIC; LOCATED AT THE SOUTEAST CORNER OF TH 5 AND GREAT PLAINS BOULEVARD~ PARK NICOLLET HEALTH SERVICES~ BWBR ARCHITECTS. Public Present: Name Address William Kenney 3800 Park Nicollet Blvd, St. Louis Park City Council Summary - December 8, 2003 Ed Terhaar Duane Spiegle Bob Verstraete Pam Hargis Connie VanderTop Cindy Schallock Mick Johnson Pat Hallisey 10417 Excelsior Blvd, #2, Hopkins 3800 Park Nicollet Blvd, St. Louis Park BWBR Architects, St. Paul 3800 Park Nicollet Blvd, St. Louis Park 3800 Park Nicollet Blvd, St. Louis Park 7501 Canyon Curve Wayzata Blue Circle Investment Company Kate Aanenson presented the staff report and provided the Planning Commission update. Councilman Lundquist asked staff to clarify the access onto Great Plains Boulevard and the shared access with the Legion and strip mall. Mayor Furlong asked for clarification on the schematic drawings and what is being proposed to be built at this time. Councilman Lundquist asked how the zoning and height of the Park Nicollet building compares with the Northcott building. Mayor Furlong asked staff to provide feedback from the neighborhood open houses that were held. Bill Kenney, the Operating Vice President for Park Nicollet Clinics at 3800 Park Nicollet Boulevard in St. Louis Park spoke on behalf of the applicant, explaining their proposal. Mayor Furlong asked the applicant to clarify if they were requesting that condition number 28 be removed. Duane Spiegle explained Park Nicollet's preference for a dual access onto Great Plains Boulevard. Pat Hallisey, managing partner with Blue Circle Investment Company explained the concerns of the strip mall which his company owns, adjacent to this proposal. They are requesting that the council add a condition that Park Nicollet install a catch basin and pipe water off site to alleviate the runoff problem they've been experiencing. Councilman Labatt asked engineering to address the issue of the driveway alignment brought up by Mr. Hallisey. Councilman Lundquist asked that condition 30 be deleted, which relates to stop signs in the future. Councilman Labatt asked that a condition regarding additional senior citizen parking be added. After discussion a motion was made and seconded. Mayor Furlong offered the following amendment to the motion and then council voted on the motion. Mayor Furlong moved, Councilman Lundquist seconded to amend condition 32 to read, the applicant shall work with staff and the Senior Commission to provide senior parking signs. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Councilman Labatt moved, Councilman Ayotte seconded that the City Council approve Site Plan Review #2003-10 for the construction of a three story clinic with a variance as shown on the site plan received September 19, 2003, based upon findings in the staff report and with the following conditions: The applicant shall install tree preservation fence around trees proposed to be saved prior to any grading or construction activities. Fencing must be placed at the furthest possible distance from the trunk of the tree and must remain intact until all construction activities have ended. Root area must be mulched with City Council Summary - December 8, 2003 wood chips and trees must be watered regularly during dry periods in the growing season. Any tree lost due to construction damage will be replaced at a rate of2:1 diameter inches. Parking areas along Highway 5 shall be screened with shrubs reaching a minimum of 3 feet at maturity if berms do not fully screen the parking. Eliminate the catch basin and associated grading located near the existing oaks to be preserved along the southern property line and any utilities within the peninsula. The applicant shall work with staff to reduce grading along the curb line near the existing oaks to be preserved along the southern property line. Submit private easement for the shared storm sewer before building permit issuance. Update the plans to include the latest revision of the City of Chanhassen Detail Plates. Cross access easements for the shared driveway accesses must be obtained and recorded against the lots. 8. The applicant must obtain a permit from MnDot for grading in the right-of-way. 9. Any off-site grading will require easements from the appropriate property owner. 10. Installation of the private utilities for the site will require permits and inspections through the City' s Building Department. 11. The 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. 12. Before building permit issuance, permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA, Department of Health, Watershed District, Carver County, etc. 13. On the utility plan: a. Relocate the 6 inch gate valve toward the south near the proposed fire hydrant and add another 8 inch gate valve at the beginning of the north branch. b. Show all existing and proposed utility easements. c. Show the proposed pipe slope, class and length of the storm sewer. 14. On the grading plan: City Council Summary - December 8, 2003 15. 16. 17. 18. 19. 20. 21. a. Show all existing and proposed easements. b. Type I silt fence must be used. Add tree preservation fencing at the limits of tree removal. On the site plan: a. Revise the south easterly drive aisle width to 26 feet. b. Show the private and public drainage and utility easements. c. Show the block and lot numbers. d. Any retain wall over 4 feet will require a building permit. e. Seed and mulch or sod the site within two weeks of grading. Submit haul route for city approval prior to any hauling. f. A concrete drive apron, per City Detail Plate #5207 is required at the Great Plains Boulevard access point to the site. g. Submit storm sewer sizing calculations for a 10 year, 24 hour storm event for staff review and approval before building permit issuance. The applicant must obtain a sign permit prior to erecting any signage on site. Provide a detail sign plan for review and approval. The signage shall meet the following criteria: a. Monument signage shall be subject to the monument standards in the sign ordinance. b. Wall signs are permitted on the north and west elevations only. The sign area shall meet standards set in the sign ordinance. c. All signs require a separate permit. d. The signage will have consistency throughout the development and add an architectural accent to the building. e. Consistency in signage shall relate to color, size, materials and heights. f. Back-lit individual letter signs are permitted. g. Only the name and logo of the business occupying the building will be permitted on the sign. The applicant shall include site furnishings such as benches along the entrance of the building. All rooftop equipment shall be screened from views. The applicant shall enter into a site plan agreement with the city and provide the necessary financial securities. Fire Marshal conditions: City Council Summary - December 8, 2003 22. 23. a. 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 the fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1. b. Fire lane signs and yellow curbing will be required. Contact Chanhassen Fire Marshal for exact location. Pursuant to 2000 Minnesota International Fire Code Sec. 503.3. c. The builder must comply with Chanhassen Fire Department/Fire Prevention Division regarding the maximum allowable size of domestic water on a combination water/sprinkler supply line. Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #36-1994. d. The builder must comply with water service installation policy for commercial and industrial buildings. Pursuant to Inspection Division Water Service Installation Policy #34-1993. Copy enclosed. e. 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. f. The building must comply with the Chanhassen Fire Department/Fire Prevention Division regarding notes to be included on all site plans. Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #4-1991. Copy enclosed. g. The southern most hydrant indicated on site plan must be relocated approximately 100 feet west. Contact Chanhassen Fire Marshal for exact location of hydrant to be relocated. Building Official's conditions: a. The building is required to have an automatic fire extinguishing system. b. The plans must be prepared and signed by design professionals licensed in the State of Minnesota. c. Contact the Fire Marshal and Mechanical Inspector regarding the size of the combined fire protection and domestic water service line. d. Provide an access cover for the sanitary sewer cleanout located in the parking lot. e. Detailed occupancy and building area related code requirements will be reviewed when complete plans are provided. f. The owner and/or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. Lot 1, Block 1, Park Nicollet Addition is subject to a park dedication fee at the time of building permit application. The total park dedication due from this parcel is $25,620. At the time this parcel was platted, $6,932 of this total was pre- paid. The remaining $18,688 shall be collected at the time of building permit application. 10 City Council Summary - December 8, 2003 24. The applicant shall include site furnishings such as benches along the entrance of the building. 25. The expansion of the third story will require site plan approval by the Planning Commission and City Council. Approval of the expansion will be contingent upon providing adequate parking as one of the criteria. 26. The maximum building height may not exceed 47 feet. 27. Approval to expand the third floor shall become null and void if not exercised prior to 10 years after the Certificate of Occupancy is issued. 28. The applicant will work with staff on the parking lot configuration deleting 4 parking spaces to ensure the survival of the oak trees numbered 7, 13 and 14. 29. There shall be no snow storage north of the Blue Circle property. 30. The applicant shall work with staff and the Senior Commission to provide senior parking signs. All voted in favor and the motion carried unanimously with a vote of 5 to 0. CONSIDERATION OF THE 2004 PROSECUTION CONTRACT WITH CAMPBELL KNUTSON ASSOCIATES. Todd Gerhardt stated staff is recommending changing the prosecution contract from the Carver County Attorney's Office to Campbell Knutson Associates. He introduced Elliott Knetsch from Campbell Knutson who provided background information of their firm in prosecution matters in the metro area. He stated he's met with the county attorney's office regarding the transition and with the Carver County Administrator regarding scheduling. Councilman Ayotte asked for clarification on the time line for the transition between the county and Campbell Knutson. Councilman Lundquist asked what the difference is between what cases the county attorney's office will continue to handle and if the city is still obligated to pay the county attorney to do that prosecution. Mayor Furlong asked Elliott Knetsch to address the concern regarding the difference with the county attorney and a private law firm providing this service. That there may be a profit incentive that would suggest that private practice would seek to settle cases sooner rather than taking them to trial. Councilman Labatt stated in talking with police officers from Plymouth, Burnsville and St. Louis Park, they spoke very highly ofElliott Knetsch's skills in the courtroom. Mayor Furlong felt it was important to put on the record that it was never an issue of performance at the county attorney's office that led to this but it was more a budget and financial issue. Councilman Peterson moved, Councilman Labatt seconded that the City Council approve the 2004 Prosecution Contract with Campbell Knutson in the amount of 11 City Council Summary - December 8, 2003 $1,700 per month plus out of pocket costs incurred. All voted in favor and the motion carried unanimously with a vote of 5 to 0. COUNCIL PRESENTATIONS: None. ADMINISTRATIVE PRESENTATIONS: Todd Gerhardt provided a schedule of meetings associated with the water treatment plant. CORRESPONDENCE DISCUSSION. None. Mayor Furlong thanked city staff and council members for a successful year and wished everyone a safe and happy holiday season. Councilman Lundquist moved, Councilman Labatt seconded to adjourn. All voted in favor and the motion carried. The City Council meeting was adjourned at 9:05 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 12