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SUM 2004 08 09 CHANHASSEN CITY COUNCIL REGULAR MEETING SUMMARY MINUTES AUGUST 9, 2004 COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilman Ayotte, Councilman Lundquist, Councilman Peterson and Councilman Labatt STAFF PRESENT: Todd Gerhardt, Justin Miller, Roger Knutson, Paul Oehme and Kate Aanenson. PUBLIC PRESENT FOR ALL ITEMS: Debbie Lloyd Marcia Crist Mike Crist Joshua Burrington Eric Fitts Mitchell Ford Jacob Simmer Steve Thorpe 7305 Laredo Drive 6501 Wesley Court 6501 Wesley Court 6869 Yuma Drive 375 College Avenue, Excelsior 1711 E. Koehnen Circle 5735 Echo Road, Excelsior 8896 Lake Place, Eden Prairie PUBLIC ANNOUNCEMENTS: Mayor Furlong invited all Chanhassen residents to Chanhassen Day at the Minnesota Landscape Arboretum on Thursday, August 26. Admission will be free and the first 500 residents will receive a free watering wand and Chanhassen Centennial History book. He also thanked staff for coordinating this event. CONSENT AGENDA: Councilman Labatt moved, Councilman Lundquist seconded to approve the following consent agenda items pursuant to the City Manager's recommendations: a. Approval of Minutes: -City Council Work Session Minutes dated July 26,2004 -City Council Verbatim & Summary Minutes dated July 26, 2004 Receive Commission Minutes: - Planning Commission Summary & Verbatim Minutes dated July 20, 2004 b. 2004 Elections: - Resolution 2004-50: Appointment of Election Judges for the Primary and General Elections and Establishing their Rates of Pay. - Approval of Joint Powe3rs Agreement with Carver County for Absentee Ballot Services. c. Approve Joint & Cooperative Agreement with Suburban Rate Authority, PW 416. City Council Meeting - August 9, 2004 d. Approve Invoices Associated with 2003 Lake Vegetation Monitoring. e. Resolution 2004-51: Approval of Change Order for Well No.9, Project 03-02. f. Resolution 2004-52: Approval of Change Order No.1, MSA Street Rehabilitation Project 04-02. g. Resolution 2004-53: Resolution Approving Limited Use Permit, Highway 41 Trail Connection Project. All voted in favor and the motion carried. VISITOR PRESENTATIONS: None PUBLIC HEARING TO CONSIDER V ACA TION OF DRAINAGE & UTILITY EASEMENT. 501 BIG WOODS BOULEVARD. FILE 04-05: Matt Saam explained that during the development of this parcel, staff required a 50 ft. drainage and utility easement, but when the plat was filed a 70 ft. easement was shown. Since it met/exceeded staffs requirements at the time, the plat was accepted as presented. The property owner now wants to construct a pool within the 70 ft. easement area and is requesting that the city vacate the difference between the 70 ft. easement that he granted and the 50 ft. easement city staff required. Staff does not object to this since the 50 ft. is what was described in the development contract initially. Staff recommends approval. Mayor Furlong opened the public hearing. No public comments were received. The public hearing was closed. Resolution 2004-54: Councilman Peterson moved, seconded by Councilman Labatt to approve the Resolution vacating a portion of existing public drainage utility easement for 501 Big Woods Drive, David Igel as described in the staff report. All voted in favor and the motion carried. PUBLIC HEARING. CONSIDER V ACA TION OF DRAINAGE & UTILITY EASEMENT. 1450/1460 KNOB HILL LANE. FILE 04-04: Public Present John Knoblauch 1450 Knob Hill Lane Matt Saam stated that staff has received a request from John Knoblauch, the property owner of both 1450 and 1460 Knob Hill Lane. Mr. Knoblauch owns both properties and is requesting that the city vacate a typical side lot line easement, which is the north property line of the smallest lot. Mr. Knoblauch wants to construct a retaining wall on the 2 City Council Meeting - August 9, 2004 existing property line. Staff is in support of this request provided that the city receives new easements to replace the ones that are vacated. Mayor Furlong opened the public hearing. No public comments were received. The public hearing was closed. Resolution 2004-55: Councilman Peterson moved, seconded by Councilman Lundquist to approve the Resolution vacating the existing public drainage and utility easement for 1450/1460 Knob Hill Lane as defined in the staff report subject to the following condition: 1. Six-foot wide public drainage and utility easements must be granted along each side of the revised property line between Lots 4 & 5, Block 1, Knob Hill. All voted in favor and the motion carried. PUBLIC HEARING TO CONSIDER AUTHORIZING THE SALE OF HOUSING DEVELOPMENT REFUNDING BONDS. SERIES 2004. CITY OF CHANHASSEN GENERAL OBLIGATION. CENTENNIAL HILLS PROJECT: Public Present: Julie Frick Kathy Aho Carver County Housing & Redevelopment Authority Springsted, Inc. Kathy Aho from Springsted gave a PowerPoint presentation that gave background on this project and explained the request from the Carver County HRA. Basically, by authorizing the sale of these refund bonds, the city will be released from an approximate $32,000 annual subsidy of the Centennial Hills project and it will release $372,310 in debt service reserve escrow. Resolution 2004-56: Councilman Peterson moved, seconded by Councilman Lundquist to approve a Resolution Approving the Issuance by the Carver County Housing and Redevelopment Authority of its Housing Development Refunding Bonds (City of Chanhassen, Minnesota unlimited Tax General Obligation- Chanhassen Apartments Project), Series 2004 in an Aggregate Principal amount not to exceed $5 million and the Pledge of the Full Faith and Credit of the City of Chanhassen thereto, and Authorizing the Execution and Delivery of Related Documents. All voted in favor and the motion carried. LIFE TIME FITNESS. REQUEST FOR AN AMENDMENT TO THE ARBORETUM BUSINESS PARK PUD TO PERMIT A HEALTH CLUB: SITE PLAN APPROVAL FOR SAID HEALTH CLUB AND CORPORATE OFFICES WITH A VARIANCE FOR PARKING: FINAL PLAT APPROVAL: AND APPROVAL OF DEVELOPMENT CONTRACT AND CONSTRUCTION PLANS AND SPECIFICATIONS: ARBORETUM BUSINESS PARK 4TH ADDITION: ALLIANT ENGINEERING & GA TEW A Y PARTNERS LIMITED. 3 City Council Meeting - August 9, 2004 Public Present: Jeff Melby Jeff Sandberg Mark Zaebst Parham Jabaheri, Dave DeCon Tracey Rust Ben Wikstrom Life Time Fitness, 6442 City West Parkway, Eden Prairie Life Time Fitness, 6442 City West Parkway, Eden Prairie Life Time Fitness, 2325 Hunter Drive, Chanhassen Alliant Engineering, 233 Park Ave. South #200, Minneapolis 2540 Christian Drive, Chaska, MN 55318 Life Time Fitness, 6442 City West Parkway, Eden Prairie Life Time Fitness, 6442 City West Parkway, Eden Prairie Kate Aanenson explained that Life Time Fitness is requesting a PUD Amendment to allow a fitness center; site plan approval for a 109,000 sq. ft. fitness center; and two (100,000 sq. ft.) office buildings with a variance for parking in the front setback; and request for a temporary permit for a sales trailer. The Planning Commission recommended approval of the site plan and temporary sales trailer, but denied the variance request. Councilman Peterson asked if the parking lot had more islands than a normal lot. Kate Aanenson explained 8% of their parking area must be green space and they need to provide these islands to meet the minimum requirements. Mayor Furlong asked if there is a traffic congestion concern with having only one entrance. Traffic consultant Ed Terhaar stated that his firm completed the traffic study and stated that he is confident that the intersection will work in an acceptable manner. Mark Zaebst, Senior Vice-President of Real Estate for Life Time Fitness gave an overview of the company's goals and philosophies. They have over 40 locations in 8 states, employ over 7,000 people, and have over a quarter of a million members. Councilman Lundquist asked Mr. Zaebst how he felt about staff s recommendation to deny the up-lighting of the building. Mr. Zaebst stated that he wanted to clarify that the lighting plan is more like landscape lighting and not a spotlight shining up into the air. He feels that it is low voltage lighting and enhances the look of the building at night. Bill Doer, Director of Architecture for Life Time Fitness explained the lighting plan in detail including the wattage and foot candle levels. He stated that the lighting is in the rhythm of the architecture in the front of the building, and it doesn't emit light off of the building, it just accents it. Kate Aanenson explained that this up-lighting would require a variance from the ordinance. The only variance that was legally published in the newspaper was for parking and therefore, the Council cannot act on this variance tonight. It would have to be published and brought back to the Planning Commission. Councilman Labatt feels that our ordinance requirements concerning up-lighting should be changed. 4 City Council Meeting - August 9, 2004 The Council indicated their support of the project and stated that it is something that the community has wanted for years. The Council also stated that they would like to drive by an existing Life Time Fitness facility that has the up-lighting in place so they could see how it looks, but they don't want that issue to hold up the project. The Council would like to see the lighting issue back before them as soon as possible. Councilman Lundquist moved and Councilman Labatt seconded to approve the amendment to the Arboretum Business Park Development Design Standards, PUD #92-6, Permitted Uses to permit health clubs on Lot 5, Block 4, Arboretum Business Park PUD Plan (Outlot A, Arboretum Business Park 4th Addition to be platted as Lot 1, Block 1, Life Time Fitness). All voted in favor and the motion carried. Councilman Lundquist moved and Councilman Peterson seconded that the City Council approve Site Plan Planning Case #04-22 for a two-story, 109,000 square- foot health club with a pool and two three-story, 100,000 square-feet office buildings, and the temporary use of a sales/membership trailer, plans prepared by Alliant Engineering, Inc., dated 6/18/04, revised 7/28/04, based on the findings of fact attached to the staff report and subject to the following conditions: 1. The developer shall enter into a site plan agreement with the City and provide the security required by it. 2. The developer shall final plat Outlot A, Arboretum Business Park 4th Addition, prior to issuance of any building permits. 3. The temporary sales trailer may be located in the southeast corner of the site. The temporary sales trailer shall comply with the standards used for sales trailers for residential developments. The temporary sales trailer shall be removed within 10 business days of the issuance of a certificate of occupancy for the fitness center. 4. Wall-mounted light fixtures shall be shielded with a total cutoff angle equal to or less than 90 degrees. Lighting shall not be directed skyward. 5. All signs shall require a separate sign permit. 6. Applicant shall install undulating berms along northwest property line. 7. The parking directly adjacent to Highway 5 must be deleted and additional berming provided in the location where the parking was deleted. 8. The buildings must be protected with automatic fire sprinkler systems. 9. The building plans must be prepared and signed by design professionals licensed in the State of Minnesota. 5 City Council Meeting - August 9, 2004 10. If the property will be re-platted into separate lots, consideration must be given to the location of the property lines in relation to the proposed buildings. 11. Complete utility plans need to be submitted for review and approval by the engineering and building inspection staff prior to issuance of the building permit. 12. The plans were reviewed for general building code compliance. Detailed building plans need to be submitted for review and approval by city staff. 13. The applicant is responsible to obtain and comply with all regularity agency permits including but not limited to MnDOT, Watershed District, MPCA, etc. 14. A professional civil engineer registered in the state of Minnesota must sign all plans. 15. Installation of the private utilities for the site will require permits and inspections through the City's Building Department 16. If importing or exporting material for development of the site is necessary, the applicant will be required to supply the City with a detailed haul route and traffic control plan. 17. All disturbed areas must be sodded and/or seeded and mulched within two weeks of grading completion. At the completion of Phase I, seeding or sod shall be placed on the sites of Phase II and III. 18. Sanitary sewer and water hookup charges will be applicable for the new lot. The 2004 trunk hookup charge is $1,458.00 per unit for sanitary sewer, $2,814.00 per unit for watermain and the SAC fee is $1,425 per unit. All of these charges are based on the number of SAC units assigned by the Metropolitan Council. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the time of building permit issuance. And that the Chanhassen City Council denies the parking variance to permit two rows of parking between Office Building 1 and Highway 5 based on the findings of fact attached to the staff report. All voted in favor and the motion carried. Councilman Peterson moved, Councilman Labatt seconded to approve the final plat for Life Time Fitness creating one lot and associated right-of-way for Corporate Place (plans prepared by Schoell & Madsen, Inc.) subject to the following conditions: 1. The total SWMP fees are $223,841.00 and are due payable to the City at the time of final plat recording. 6 City Council Meeting - August 9, 2004 2. The developer shall be required to enter into a PUD Agreement/Development Contract with the City and provide a financial security in the form of a letter of credit or cash escrow to guarantee site improvements. 3. Type III erosion control fencing will be required adjacent to wetland areas. Additional erosion control fence may be necessary at the toe of steep slope areas and adjacent to storm water ponds after the grading has been completed. 4. All areas disturbed as a result of construction activities shall be immediately restored with seed and disc-mulched or wood fiber blanket or sod after completion of each activity in accordance with the City's Best Management Practice Handbook. 5. Wetland buffer areas shall be surveyed and staked in accordance with the City's wetland ordinance. The City will install wetland buffer edge signs before construction begins and will charge the applicant $20 per sign. 6. The applicant shall apply for and obtain permits from the appropriate regulatory agencies, i.e. Carver County, Watershed District, Metropolitan Waste Control Commission, Health Department, Minnesota Pollution control Agency, Minnesota Department of Natural Resources, Army Corps of Engineers and Minnesota Department of Transportation and comply with their conditions of approval. 7. The lowest floor or opening elevation of all buildings shall be a minimum of 2 feet above the 100-year high water level. 8. The applicant shall report to the City Engineer the location of any drain tiles found during construction and shall relocate or abandon the drain tile as directed by the City Engineer. 9. The development shall comply with the development design standards for Arboretum Business Park. 10. Full trail fees shall be collected per city ordinance for Life Time Fitness. 11. A professional civil engineer registered in the state of Minnesota must sign all plans. 12. Sanitary sewer and water hookup charges will be applicable for the new lot. The 2004 trunk hookup charge is $1,458.00 per unit for sanitary sewer, $2,814.00 per unit for watermain and the SAC fee is $1,425 per unit. All of these charges are based on the number of SAC units assigned by the Metropolitan Council. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the time of building permit issuance. 7 City Council Meeting - August 9, 2004 13. The underlying property has been previously assessed for sewer, water and street improvements. The remaining assessment due payable to the City is $308,807.60. This assessment is due at the time of final plat recording. 14. The applicant is required to upgrade the cul-de-sac to current City standards with a 60- foot right-of-way radius, a 48-foot pavement radius, and B-618 concrete curb and gutter. Because of the substandard street section, the existing cul-de-sac pavement will have to be removed and the street will need to be repaved per City Detail Plate No. 5201. 15. The cul-de-sac center island in Corporate Place will be allowed but an encroachment agreement will be required for the placement of the island within the right-of-way and for maintenance of the island. And further, that the construction plans and specifications dated July 28, 2004, prepared by Alliant Engineering, Inc. and the development contract dated August 9, 2004 be approved conditioned upon the following: 1. The applicant shall enter into the development contract and supply the city with a cash escrow or letter of credit in the amount of $127,312 and pay an administration fee of $279,878. 2. The applicant's engineer shall work with city staff in revising the construction plans to meet city standards. All voted in favor and the motion carried. COUNCIL PRESENTATIONS Councilman Ayotte commented on the work session earlier concerning public safety needs. He feels that we are headed in the right direction and that some analyses will be prepared to identify our needs and to see if we're going down the right path. Mayor Furlong stated that he attended both National Night Out and Safety Camp. He noted that Beth Hoiseth, Crime Prevention Specialist organized both of these events and that they were well-attended and wonderful. He also noted that Chanhassen is the only city in Carver County to participate in National Night Out. Councilman Labatt stated that he would like to budget for a defibrillator for the CSO vehicle. Todd Gerhardt stated that there may be money available now to make the purchase. ADMINISTRATIVE PRESENTATIONS: Todd Gerhardt stated that the Bowling Alley was about half demolished and that the party wall will be going up soon. He also commented on a joint project with the 8 City Council Meeting - August 9, 2004 Chamber of Commerce on replacing some windows and the front door at the old Village Hall. CORRESPONDENCE PACKET. None. Councilman Lundquist moved, Councilman Labatt seconded to adjourn the meeting. All voted in favor and the motion carried. The City Council meeting was adjourned at 8:30 p.m. Submitted by Todd Gerhardt City Manager Prepared by Karen Engelhardt 9