CC Minutes 1998 06 22CHANHASSEN CITY COUNCIL
REGULAR MEETING
JUNE 22, 1998
Acting Mayor Mason called the meeting to order at 6~30 p.m. The meeting was opened with the Pledge to
the Flag.
COUNCILMEMBERS PRESENT: Acting Mayor Mason, Councilman Berquist, Councilman Senn and
Councilman Engel
COUNCILMEMBERS ABSENT: Mayor Mancino
STAFF PRESENT: Roger Knutson, Don Ashworth, Kate Aanenson, Sharmin A1-Jaff, Robert Generous,
Anita Benson, Todd Gerhardt, and Todd Hof'knan
APPROVAL OF AGENDA: A motion was made by Councilman Berquist and seconded by Councilman
Engel to approve the agenda with the following items being removed from the consent agenda for ~urther
discussiom Items 1 (b) Approve Revised Addendum B to the Development Contract/PUD Agreement for
Arboretum Business Park, Project 98-10, 1 (d) d. Accept Utility Improvements in Villages on the Ponds,
Phase I & II, Project Nos. 96-13 and 97-8, and 1(1) Revise Bond Sale Date for 1998 Series D & E to July
6 and Authorize the Sale of' Refunding Bonds of' 1998, Series F. All voted in favor and the motion carried.
PUBLIC ANNOUNCEMENTS: None.
CONSENT AGENDA: Councilman Berquist moved, Councilman Engel seconded, to approve the
following Consent Agenda items pursuant to the City Manager's recommendations:
a. Resolution #98-58: Approve Purchase/Land Sale Agreement with Chaska Gateway Partners for
Water Tower Project No. 97-1B-1.
c. Bluff Creek Corporate Center~ 1) Final Plat Approval and Final Reading of` a Zoning Ordinance
Amendment Rezoning the Property from A2 to PUD; and 2) Approve Development Contract (with
revisions as distributed at the work session at 5 ~30 p.m.)
e. Resolution #98-60: Approve Amendment to Grading Plan, Walnut Grove, Project No. 97-13.
f. Chanhassen Pointe Business Center: 1) Final Plat Approval; and 2) Approve Development
Contract (with revisions as distributed at the work session at 5:30 p.m.)
g. Resolution #98-61:1998 Trail Project, Approve Change Order No. 1.
h. Approve Temporary and Permanent Easement Payments; 1998 Trail Project.
i. Resolution #98-62: Approve 1999 Maximum Property Tax Levy, Southwest Metro Transit.
j. Approval of Bills.
k. City Council Minutes dated June 4, 1998
City Council Meeting - June 22, 1998
City Council Minutes dated June 8, 1998
Planning Commission Minutes dated June 3, 1998
Resolution/t98-63: Approval of Certificate of Mayor and City Manager Regarding Treasury
Regulations, Section 1.150-2.
All voted in favor and the motion carried.
CONSENT AGENDA ITEM I(B) - APPROVE REVISED ADDENDUM B TO THE
DEVELOPMENT CONTRACT/PUD AGREEMENT FOR ARBORETUM BUSINESS PARK;
PROJECT NO. 98-10: A motion was made by Councilman Berquist and seconded by Councilman Engel
to approve Addendum B to the Development Contract/PUD Agreement for Arboretum Business Park
conditioned upon the developer supply the city with a letter of credit in the amount of $66,000 and
administration and recording fees in the amount of $16,455. Acting Mayor Mason and Councilmen
Berquist and Engel voted in favor. Councilman Senn abstained. Motion carried.
CONSENT AGENDA ITEM I(D) - ACCEPT UTILITY IMPROVEMENTS IN VILLAGES ON
THE PONDS PHASES I AND II; PROJECT NOS. 96-13 AND 97-8: Vernelle Clayton of Lotus
Realty addressed the Council and requested that they be given an extension until July 13, 1998 to comply
with the completion of all punch list items, including seeding, sodding and erosion control. Vernelle stated
that she did not feel they would need until July 13; however, due to inclement weather concerns she felt that
that date would be reasonable. She asked that Houlihan's be granted a building permit as they were not the
party responsible for the violation of the development contract, that party being Lotus Realty and
AUSMAR Development, Inc.
A motion was made by Councilman Senn and seconded by Councilman Berquist that: 1) the City not
accept the utilities at this time; 2) that the City grant Houlihan's a building permit; and 3) that the developer
be given a final extension for grading and erosion control compliance until July 13, 1998. Should the
developer fail to comply with that final date of July 13, 1998, the City will use the letter of credit to
perform the work necessary. The following voted in favor: Acting Mayor Mason, Councilmen Berquist,
Engel, and Senn and the motion carried.
CONSENT AGENDA ITEM I(L) - REVISE BOND SALE DATE FOR 1998 SERIES D AND E
TO JULY 5, 1998 AND AUTHORIZE THE SALE OF REFUNDING BONDS OF 1998 SERIES F:
Resolution 98-63A: A motion was made by Councilman Berquist and seconded by Acting Mayor Mason
to approve a Resolution Authorizing the Issuance and Sale of General Obligation Tax Increment Bonds,
Series 1998D, 1998E, 1998F, and 1998G. The following voted in favor: Acting Mayor Mason,
Councilmen Berquist and Engel. Councilman Senn voted no. Motion carried.
VISITOR PRESENTATION~ PRESENTATION OF PLAQUE~ SOUTHWEST CORRIDOR
TRANSPORTATION COALITION~ BOB LINDALL AND MEMORANDUM OF
UNDERSTANDING: The city received a plaque from the Southwest Corridor Transportation Coalition
in recognition of their support of construction of Highway 212 in Eden Prairie. Mr. Lindall will attend the
July 27th meeting to discussion the Memorandum of Understanding.
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City Council Meeting - June 22, 1998
CHASKA COMMUNITY HOCKEY ASSOCIATION DONATION: Don Ashworth stated that he
and Todd Hoffman have been in discussions with the association. A motion was made by Councilman
Senn and seconded by Councilman Engel to approve the donation to the Chaska Community Hockey
Association subject to the following conditions:
1)
2)
The city stay with the original agreement of $6,000 per year for a 5 year period; and
The City Attorney draft an agreement between the City and Chaska Community Hockey
Association.
All voted in favor and the motion carried.
CHAPEL HILL ACADEMY, 7707 GREAT PLAINS BOULEVARD (ST. HUBERT'S SITE) -
REQUEST FOR AN INTERIM USE PERMIT TO ALLOW A MODULAR CLASSROOM ON
AN OFFICE/INDUSTRIAL SITE; ZONING ORDINANCE AMENDMENT TO ALLOW
TEMPORARY BUILDINGS IN THE OFFICE/INDUSTRIAL DISTRICT; APPROVAL OF
FIRST AND SECOND READING; SIDE YARD SETBACK VARIANCE TO ALLOW A
TEMPORARY BUILDING TO BE LOCATED 8.5 FEET FROM A SIDE LOT LINE: Sharmin
A1-Jaff presented the staff report.
Dan Blake, the applicant, presented an introduction on Chapel Hill Academy. He stated that the addition
would be completed within 2-3 years. He stated that they have a lease to buy agreement and have not yet
purchased the property.
A motion was made by Councilman Berquist and seconded by Councilman Senn to approve the request
from Chapel Hill with the following conditions:
Interim Use Permit
Interim Use Permit #98-1, with a variance to locate a modular structure 8.5 feet from the northem property line,
as shown in plans dated April 4, 1998, with the following conditions:
The applicant shall submit a complete site plan application no later than one year after issuance of a
Certificate of Occupancy.
The wood siding on the temporary building shall be painted the same color "brown" as the existing
building.
The Interim Use Permit shall expire in 5 years from the date approved by the City Council or until the
expansion of the school is completed, whichever comes first.
The temporary structure shall be used as classroom space only.
The City shall not be held liable for any damage to the proposed temporary building as a result of
performing repairs to the existing sanitary sewer line.
City Council Meeting - June 22, 1998
Provision to maintain the existing neighborhood drainage shall be incorporated into the plan for
staff review and approval.
Building Official conditions:
a)
The portable classroom and the existing church/school must be altered to comply with
building code provisions for wall and opening protection at property lines with the
exception of the north wall of the portable classroom.
b) Existing exiting for the church/school must be maintained.
c)
New accessible parking stalls must be provided in compliance with the current building
code.
d) New construction must meet all current building code requirements.
e)
Plans must be submitted to the Inspections Division for review and building permit
approval prior to the building being moved to the site.
Meet with Fire Prevention Division for Fire Code requirements.
In the event the lease of the property is terminated, Chapel Hill Academy shall remove the modular
structure within 30 days.
Zonin~ Ordinance Amendment
Approve the first reading and waives the second reading to amend the Zoning Ordinance Section 20-796, Office
Institutional District, by adding a section to read as follows:
Section 20-796 Interim uses:
1. Temporary Classroom structures for use by public or private schools needed for temporary use.
All voted in favor and the motion carried.
REQUEST FOR SITE PLAN FOR A 55,911 SQ. FT. OFFICE/WAREHOUSE BUILDING ON
LOT 1, BLOCK 2, ARBORETUM BUSINESS PARK 2m~ ADDITION; LOCATED EAST OF
HIGHWAY 41 JUST SOUTH OF COULTER BOULEVARD, ALL ABOUT LIGHTS; DESIGN 1
OF EDINA, LTD. AND
REQUEST FOR SITE PLAN APPROVAL FOR A 52,956 SQ. FT. OFFICE/WAREHOUSE
BUILDING ON LOT 1, BLOCK 1, ARBORETUM BUSINESS PARK 2N~ ADDITION;
LOCATED EAST OF HIGHWAY 41 JUST NORTH OF COULTER BOULEVARD, ON THE
LEVEL, INC., DESIGN 1 OF EDINA, LTD.
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City Council Meeting - June 22, 1998
Bob Generous presented the staff report for both items. The only issue of discussion on All About Lights
site plan was staff's recommendation for additional architectural details: 1) the use of 16 x 16 inch CMU-
1 block on all outside comers of the building, 2) the north patio entrance be enhanced through the use of
16 x 16 CMU-1 proportioned to the other building entrances; and 3) burnished 8 x 8 inch CMU-1 shall be
used between the showroom windows on the north end of the building.
The issues on the site plan for On the Level were the use of 16 x 16 inch CMU-1 block on all outside
comers and the installation of a berm in the northeast comer of the site.
Councilman Berquist asked staff's rationale for the additional architectural details. The added comer
treatments were to enhance the backside of the building. The design standards of the project state that all
elevations visible from public rights-of-way be given equal architectural treatments. The north entrance
treatment was to mimic the main entrances by providing additional architectural treatment along the street
frontage. The third item was not really an issue since the applicant had already agreed to it.
Councilman Senn said that inclusion of the block around the loading dock areas would only get it roughed
up by trucks and loading dock equipment. In all likelihood, the comers would be covered.
Tom Christiansen, the applicant/owner of All About Lights, stated that he had just a couple of issues and
introduced his architect, Bob Davis to address them.
Bob Davis stated that they intended to use the 16 x 16 inch block on the four main comers, but that it
would cost $3,000 to add it around the loading docks, which would probably be protected anyway. In
addition, they did not want to add 16 x 16 inch block to the north entrance because that would only confuse
people who came to the building. The entrance treatments, for the five tenants, are located on the west side
of the building.
Chris Thompson, applicant/owner of On the Level, said that he had no problem incorporating the berm but
he did object to using 16 x 16 inch block in the loading area.
A motion was made by Councilman and seconded by Councilman Engel to approve Site Plan 98-10 for All
About Lights dated April 30, 1998, prepared by Design 1, for Lot 1, Block 2, Arboretum Business Park 2nd
Addition, subject to the following conditions, including modification of condition #3 deleting the first and
second item:
1. The development must comply with the Development Design Standards for Arboretum Business Park.
2. 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.
3. The developer shall incorporate the following architectural detail -- burnished 8 x 8 inch CMU-1 shall
be used between the showroom windows on the north end of the building.
4. The applicant shall revise the landscaping plan to include two overstory trees in each of the three
sodded areas in the rear of the building.
City Council Meeting - June 22, 1998
5. All driveway access points shall be constructed in accordance with the City's industrial driveway detail
plate no. 5207.
6. The city's boulevards must be restored with sod.
Site plan approval is contingent upon the City authorizing and awarding of public improvement project
no. 97-1D for Arboretum Business Park 2nd Addition and recording of the final plat for Arboretum
Business Park 2nd Addition.
8. Detailed storm drainage calculations including drainage area maps for a 10-year, 24-hour storm event
shall be submitted to the City Engineer for review and approval prior to issuance of a building permit.
Connection to the City's utility system shall be prohibited until the city's utility lines have been tested
and accepted by the City. The sanitary sewer and water lines and storm sewer on the site will be
privately owned and maintained by the property owner and not the City. The contractor will be
responsible for obtaining the appropriate sewer, water, and plumbing permits from the City's building
Department. Cross access easements for the utilities and driveways shall be dedicated over the lot.
10. The site plan shall be modified to incorporate sidewalks out to Coulter Boulevard at a location to be
determined by the applicant and staff.
11. Refer to Utility plan. A post indicator valve must be added to the 8 inch water main going into the
building. NFPA 13 1991 Section 4-5.1.1.7.
12. The post indicator must have tamper protection which is connected to the sprinkler system monitoring.
Chanhassen Fire Department/Fire Prevention Division Policy #40-1995.
13. Revise the parking on the Site Plan to comply with the building code.
14. Meet with the Inspections Division plan reviewer as soon as possible after approval to begin the
building code plan review process.
The following voted in favor: Acting Mayor Mason, Councilman Engel and Councilman Berquist.
Councilman Senn abstained. The motion carried.
A motion was made by Councilman Engel and seconded by Councilman Berquist to approve Site Plan 98-
11 for On the Level, Inc., dated April 30, 1998 as prepared by Design 1 on Lot 1, Block 1, Arboretum
Business Park, subject to the following conditions, and including the deletion of condition # 14 as
recommended by staff:
1. The development must comply with the Development Design Standards for Arboretum Business Park.
2. 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.
City Council Meeting - June 22, 1998
3. All driveway access points shall be constructed in accordance with the City's industrial driveway detail
plate no. 5207.
The applicant shall incorporate an earth berm in the northeast comer of the site adjacent to the truck
loading dock area. The berming area shall be up to six feet in height with landscaping of additional
conifers to help to break up the building mass.
5. The City's boulevards must be restored with sod.
Site plan approval is contingent upon the City authorizing and awarding of public improvement project
no. 97-1D for Arboretum Business Park 2nd Addition and recording of the final plat for Arboretum
Business Park 2nd Addition.
7. Detailed storm drainage calculations including drainage area maps for a 10-year, 24-hour storm event
shall be submitted to the City Engineer for review and approval prior to issuance of a building permit.
Connection to the City's utility system shall be prohibited until the city's utility lines have been tested
and accepted by the City. The sanitary sewer and water lines and storm sewer on the site will be
privately owned and maintained by the property owner and not the City. The contractor will be
responsible for obtaining the appropriate sewer, water, and plumbing permits from the City's building
Department. Cross access easements for the utilities and driveways shall be dedicated over the lot.
9. The site plan shall be modified to incorporate sidewalks out to Coulter Boulevard at a location to be
determined by the applicant and staff.
10. Revise the parking on the Site Plan to comply with the building code.
11. Meet with the Inspections Division plan reviewer as soon as possible after approval to begin the
building code plan review process.
12. Refer to the Utility plan. A post indicator valve must be added to the 8 inch water main going into the
building. NFPA 13 1991 Section 4-5.1.1.7.
13. The post indicator must have tamper protection which is connected to the sprinkler system monitoring.
Chanhassen Fire Department/Fire Prevention Division Policy #40-1995.
The following voted in favor: Acting Mayor Mason, Councilman Engel and Councilman Berquist.
Councilman Senn abstained. The motion carried.
ADJOURNMENT: A motion was made by Councilman Berquist and seconded by Councilman Engel to
adjourn the meeting at 7:53 p.m. All voted in favor and the motion carried.
Don Ashworth
City Manager