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CC SUM 2013 11 12 CHANHASSEN CITY COUNCIL REGULAR MEETING SUMMARY MINUTES NOVEMBER 12, 2013 Mayor Furlong called the meeting to order at 7:00 p.m. Boy Scout Matthew Clark from Troop 409 led the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilman McDonald, Councilwoman Tjornhom, Councilwoman Ernst, and Councilman Laufenburger STAFF PRESENT: Todd Gerhardt, Laurie Hokkanen, Paul Oehme, Kate Aanenson, Greg Sticha, and Tom Scott PUBLIC ANNOUNCEMENTS: Mayor Furlong welcomed members in the audience from Boy Scout Troop 409 and Holy Family High School students. CONSENT AGENDA: Councilman Laufenburger moved, Councilwoman Ernst seconded to approve the following consent agenda items pursuant to the City Manager’s recommendations: 1. Approval of City Council Minutes dated October 28, 2013 2. Receive Park and Recreation Commission Minutes dated October 22, 2013 Resolution #2013-54: 3. Accept $500 Donation from Community Bank Chanhassen for the Senior Center Holiday Party. Resolution #2013-55: 4. Resolution Regarding the Administration of the Wetland Conservation Act. Resolution #2013-56: 6. Resolution Approving Year End (12-31-12) General Fund Surplus Transfers. Resolution #2013-57: 7. Resolution Approving Special Assessment Agreement between Bloomberg Companies, New Chanhassen Holding Company, LLC and the City of Chanhassen; Approve Assessment Reapportionment. All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS. None. POWERS POINTE; LOCATED AT THE SOUTHWEST CORNER OF POWERS BOULEVARD AND THE RAILROAD TRACKS, OUTLOT F, CHANHASSEN LAKES BUSINESS PARK; APPLICANT, UNITED PROPERTIES: A. REQUEST FOR PRELIMINARY AND FINAL PLAT REVIEW OF 16.94 ACRES ZONED INDUSTRIAL OFFICE PARK (IOP) AND SITE PLAN REVIEW FOR A 140,800 SQ. FT. OFFICE/WAREHOUSE BUILDING. B. CONSIDER APPROVAL OF DEVELOPMENT CONTRACT AND PLANS AND SPECIFICATIONS FOR A PUBLIC UTILITY. City Council Summary – November 12, 2013 C. CONSIDER APPROVAL OF THE METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES SEWER CONNECTION AND MAINTENANCE AGREEMENT. Kate Aanenson presented the staff report on this item. Councilman Laufenburger asked for clarification of the approval process for the Met Council Environmental Services Sewer and Maintenance Agreement and park fees. Mayor Furlong asked for clarification of condition number 3 under landscaping. Brandon Champeau with United Properties thanked staff and noted they were excited to start grading this fall. Councilman Laufenburger asked about Outlot B being used as a future city well location. After council members voiced their support for this project, the following motions were made. Councilman McDonald moved, Councilman Laufenburger seconded that the Chanhassen City approve a Preliminary and Final Plat of 16.94 acres into one lot and two outlots Council (Powers Pointe); Site Plan Approval for construction of a 140,000 square-foot office/warehouse building as shown in plans dated received September 20, 2013 subject to the following conditions, and adoption of the attached Findings of Fact. Planning 1.The applicant shall enter into a site plan agreement. 2.The architecture shall be revised to match the plan dated October 4, 2013. 3.Recycling space shall be contained within the trash enclosure located on the north side of the building. 4.All signs including future business wall signs are required to obtain permits and meet city standards. Landscaping 1.The applicant shall install a total of 11 islands/peninsulas in the parking lot and 66 trees. 2.The applicant shall specify a columnar evergreen species for the northeast landscape peninsula. 3.The applicant will work to provide screening along the north and east property lines. 4.The applicant shall correct the botanical name for Imperial honey locust in the plant schedule. Park 1.A sidewalk shall be placed along the entrance drive at Lake Drive West that connects to City trails. 2.Full park fees in lieu of parkland dedication shall be collected in full at the rate in force upon final plat submission and approval (2013 rate at $12,500 per acre). 12.40 x 12,500 =$155,500 2 City Council Summary – November 12, 2013 Building 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. 4.Detailed occupancy related requirements will be addressed when complete building plans are submitted. 5.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. Engineering 1.Outlots A and B shall be deeded to the City by Limited Warranty Deed upon recording of the final plat, subject to review of an updated title commitment to the Outlots and approval of title by the City Attorney. A use restriction preserving the property for open space may be recorded against Outlot A by Developer immediately prior to the recording of the Limited Warranty Deed, provided the use restriction has been approved by the City Attorney. These use restrictions may be modified by approval of the City and the owner of Lot 1, Block 1, Powers Pointe. The property being conveyed to the City shall be subject to all easements of record, provided the easement does not interfere with the City’s intended use of Outlot A, and a Declaration of Development Standards and Protective Covenants dated December 19, 1988, as document no. 59565. Developer shall use commercially reasonable efforts to cause this declaration to be removed from title by a proceeding subsequent to be completed after the plat has been recorded. 2.The sight line and turning movement information for each access must be submitted to Carver County for review and approval. 3.The developer must obtain the necessary permits for the work within the Powers Boulevard right of way and submit any required security before work in the right of way can commence. 4.The current streetlight locations provide adequate lighting at the proposed driveway intersections. 5.This parcel was not assessed for the trunk watermain improvements; therefore, the City Water Access Charge (City WAC) shall be collected with the building permit at the rates in effect at that time. 6.The City Sewer Access Charge (City SAC) is waived because the property was assessed and paid the trunk sanitary sewer fee with City Project 78-3. 7.The developer’s contractor must notify the Chanhassen Utility Department a minimum of 72 hours in advance of the wet tap. 3 City Council Summary – November 12, 2013 8.Prior to installation of the private watermain the developer must obtain any necessary permissions to install the hydrant within the gas and electrical easement on the site. 9.The property owner shall pay for any costs incurred from the terms of the MCES agreement within four (4) years of sanitary sewer connection. 10.Prior to connection the developer shall acquire the necessary permits/permissions to connect to the Met Council sewer and must obtain an MPCA Sewer Extension permit. 11.Staff and the developer’s engineer are working to modify the storm sewer design at the full access to improve energy dissipation. Design changes must be completed prior to City Council consideration of the final plat. 12.The developer must provide catch basin spacing calculations to Carver County for review and, if necessary, provide additional catch basins prior to City Council consideration of the final plat. 13.Upon City Council approval of the final plat, the developer is authorized to proceed with site grading operations prior to submittal of the final plat and related documents, provided that the project security has been submitted. 14.Before the retaining wall can be constructed the developer must obtain the necessary approvals (if any) to install the wall within the gas and electrical easements. 15.Walls over four feet high require a building permit and must be designed by an Engineer licensed in the State of Minnesota. 16.Temporary sediment basin(s) will be required during mass site grading. 17.Dewatering of temporary sediment basin(s) will require the use of a floating skimmer methodology. 18.Winter shutdown will require all exposed soils to be stabilized. If soils are frozen, the site shall be hydro mulched. If the site is snow covered the area will need to be frost seeded and have straw mulch blown atop the snow. This shall be included as a note in the erosion prevention and sediment control plan and within the Storm Water Pollution Prevention Plan (SWPPP). 19.The SWPPP and all pertinent plans shall be updated to reflect that Lake Susan is within one mile of the site, receives drainage from the site and is impaired for excess nutrients. 20.Appendix A of the General Permit Authorization to Discharge Stormwater Associated with Construction Activity under the NPDES shall be incorporated into the Erosion Prevention and Sediment Control Plan, the Grading Plan, the SWPPP and the storm water management plan as well as anywhere else it applies. 21.Prior to recording of the final plat calculations shall be provided showing that one inch of runoff from the new impervious surface is retained on site either through infiltration and/or reuse from the underground storm sewer vaults. 4 City Council Summary – November 12, 2013 22.Construction of the rain garden shall not occur until after the majority of the site is stabilized and at least the base course is installed in the paved areas. 23.The proposed rain garden area shall be protected from construction-related activities until such a time as it is ready to be constructed. This shall be indicated on the plans where appropriate. 24.Best Management Practices such as j-hooked silt fence or properly sized and staked biorolls or wattles shall be installed to break up the run on the slopes located in the southeast and southwest corners of Lot 1. 25.The plans shall include all pertinent setbacks and buffers including: a.Shoreland Overlay District (300’ from centerline of Bluff Creek) b.Fifty (50) foot setback from Riley Creek. c.All bluff impact zones. d.All wetland boundaries and buffers from those boundaries. 26.Given the proximity to the wetland along Powers Boulevard, the applicant shall make available the necessary evidence to determine that no loss of jurisdictional wetland will result from the proposed activities. 27.Vegetative and topographic alterations shall only occur as necessary for the construction of the facility and appurtenant infrastructure. The wall located southwesterly on the site labeled “Wall 2” in the staff report, shall be relocated easterly to minimize aforementioned alterations. 28.Tree preservation shall occur in those areas where grading is not integral to the intended purpose or construction of the site. Tree protection fencing shall be shown on the plan and installed concurrently with the initial erosion prevention and sediment control BMPs. 29.Stabilization of all exposed soil areas must be initiated immediately but in no case later than seven (7) days after construction activities have permanently or temporarily ceased in that area. 30.The $240.879.40 Surface Water Management Fee must be paid before the final plat is recorded. The fee was calculated as follows: Water Quality 12.4 acres($16,440/acre)= $203,856.00 Water Quantity 12.4 acres($8,110/acre)= $100,564.00 SWMP Credit 7.73acres (0.5*$16,440/acre)= -$63,540.6” All voted in favor and the motion carried unanimously with a vote of 5 to 0. Councilman McDonald moved, Councilman Laufenburger seconded that the Chanhassen City approves the Development Contract and Construction Plans and Specifications for Council Powers Pointe. All voted in favor and the motion carried unanimously with a vote of 5 to 0. 5 City Council Summary – November 12, 2013 Councilman McDonald moved, Councilman Laufenburger seconded that the Chanhassen City approve the attached Metropolitan Council Environmental Services Sewer Council Connection and Maintenance Agreement, MCES Connection Permit No. 1792, MCES Interceptor No. 8253-328. All voted in favor and the motion carried unanimously with a vote of 5 to 0. RESOLUTION APPROVING CONCURRENT DETACHMENT AND ANNEXATION OF LAND WITH THE CITY OF VICTORIA. Kate Aanenson presented the staff report on this item. Resolution #2013-58: Councilwoman Ernst moved, Councilman McDonald seconded that the City Council approve a resolution authorizing the concurrent detachment of land from Victoria and annexation to Chanhassen. All voted in favor and the motion carried unanimously with a vote of 5 to 0. COUNCIL PRESENTATIONS. Councilman McDonald commented on the Veteran’s Day program he and Councilman Laufenburger attended at Chapel Hill Academy. Councilman Laufenburger commented on the Veteran’s Day program he attended at Crown College. Mayor Furlong commented on the Beyond the Yellow Ribbon Military Appreciation Breakfast that was held at the American Legion on Saturday, the Veteran’s Day program at Chaska Middle School West that he and Councilman Laufenburger th attended, and thanked everyone who participated in the school district elections on November 5. ADMINISTRATIVE PRESENTATIONS. Todd Gerhardt provided an update on the cancellation of the sale of bonds to extend payments for the 212 sewer and water improvements into the 2005 MUSA area. Paul Oehme provided updates on the various street projects in town that are wrapping up for the season. CORRESPONDENCE DISCUSSION. None. Councilwoman Ernst moved, Councilman McDonald 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 7:45 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 6