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CC Minutes 1998 05 26CHANHASSEN CITY COUNCIL REGULAR MEETING MAY 26, 1998 Mayor Mancino called the meeting to order at 6:35 p.m. The meeting was opened with the Pledge to the Flag. COUNCILMEMBERS PRESENT: Mayor Mancino, Councilman Senn, Councilman Berquist, and Councilman Engel COUNCILMEMBERS ABSENT: Councilman Mason STAFF PRESENT: Don Ashworth, Roger Knutson, Kate Aanenson, Sharmin A1-Jaff, Anita Benson, Steve Kirchman, Pam Snell APPROVAL OF AGENDA: Councilman Berquist moved, Councilman Engel seconded to approve the agenda amended to delete item l(a)(b) and (c) from the agenda. 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: Resolution #98-50A: Approve Setting Date to Sell 1998 Bonds Series D for June 22, 1998. Resolution #98-50B: Approve Setting Date to Sell 1998 Bonds Series E for June 22, 1998. Approve Temporary Beer License, July 3 & 4, Chanhassen Rotary Club for Annual Fourth of July Celebration. f. Approval of Bills. g. Planning Commission Minutes dated May 6, 1998 Approval of a Wetland Alteration Permit for 1998 Trail Projects along Highway 7, Galpin Boulevard, Powers Boulevard, Great Plains Boulevard and Pioneer Trail. All voted in favor and the motion carried. G. CITY COUNCIL MINUTES DATED MAY 11, 1998. Councilman Senn: Let's see here, page 10. Relating to the restaurant... I just want to make sure that we don't loose track or change in effect the motion that was made. If you look at the 1, 2, 3, 4, fifth paragraph, that is in fact the motion that was made and accepted. Even though it would appear that that was kind of changed as you go down into the highlight section and take the motion so I want to make sure we don't loose track of that. Mayor Mancino: Okay. Is there any questions on that Kate? City Council Meeting - May 26, 1998 Kate Aanenson: Mayor Mancino: Councilman Senn: Yeah, I'm not sure exactly what you're... Okay, what's the issue? If you could. Okay, if you could look at 1, are you on page 107 Kate Aanenson: Correct. Councilman Senn: Okay, right down there it says I'll move approval, Wheatstone Restaurant located just south of Highway 5 and east of, okay do you read the motion there? Kate Aanenson: Yes. Councilman Senn: That is the motion that was made and accepted. Kate Aanenson: With the caveat regarding. Councilman Senn: But I want to make sure that that's in the motion. Identified in the motion and is carried in the record as part of the motion. It's been taken out. Kate Aanenson: You want that listed specifically as a condition? Councilman Senn: Yes. Mayor Mancino: And Roger, is there a concern with that? Roger Knutson: I'm just trying to see where the vote was taken. Councilman Berquist: Isn't it more of a condition for us to staff to deal with as opposed to the applicant? Councilman Senn: Well that's the motion that was made. Yeah, I'm just saying. That's the motion that was made and seconded and voted on right there. Okay. Inherent in that motion were the following approvals that are highlighted, okay. But I don't want that motion to be changed or lost so I would like that portion highlighted as the motion and be entered in the record as the motion which was passed identifying then the following actions as additions or adjunct to that motion. Mayor Mancino: And Roger, if you want to take a few minutes, we can come back to this. Roger Knutson: Kate Aanenson: Don Ashworth: Councilman Senn: Fine by me. Mayor Mancino: I think that's a great idea. agenda. I'm just looking for where the vote was. Right, and trying to figure out what the caveat is regarding. Why don't you put this item at the end of the agenda and let Roger look at it. Good, we'll come back to that. Then let's go forward in the City Council Meeting - May 26, 1998 VISITOR PRESENTATIONS: None. AWARD OF BIDS: AWARD THE SALE OF 1998 BONDS, SERIES A, B, & C; AND APPROVE CONTRACT FOR SERVICES FOR ARBITRAGE COMPLIANCE AND CONTINUING DISCLOSURE REQUIREMENTS. Don Ashworth: Paul... of Springsted is present this evening and will present the bids that were actually received and opened earlier this morning for the three sales. With that, Paul. Paul Donna: Good evening Madam Mayor, members of the Council. We have for your consideration resolutions that would award the bonds for the Series 1998A, 1998B and 1998C bonds. The 1998A is $4,970,000.00 of general obligation park bonds. Proceeds of which will be used to fund the acquisition and betterment of park facilities. A referendum was held on this issue June 14th of 1997. The Series 1998B bonds is in the amount of $1,325,000.00. And that was an improvement bond. Proceeds from those bonds will be used to fund improvements associated with Phase 1 of the Gateway West project. And the third series, 1998C $820,000.00, general obligation water revenue bonds will be used to fund two water utility projects including the water tower and well. The debt service on the Series 1998A bond will be paid for from property taxes. The Series 1998B bonds through special assessments and the Series 1998C bonds from a combination of water revenues and tax increment. Associated with the sale of the bonds, the city applied for Moody's, or Standard and Poors rating. Your rating was confirmed as an A- with a stable outlook. It reflects the growing property tax base, the significant financial reserves that you have and the overall healthy economy in the Minneapolis-St. Paul area. Staff has been given a copy of the Standard and Poors report which you can view at any time I'm sure. We received bids at 10:30 this morning. I've got bid tabulations that I'll take you through. I've got extra copies for anybody who would like. For Series 1998 bonds, which is the first page and on the back side of that page, we received a total of four bids. They are ranked from low bid to high bid and we evaluate the bids based on a true interest cost which is shown in the right hand column of the bid tabulation. Dain Rauscher Incorporated, formerly Dain Bosworth submitted the low bid at a 4.63%. Cronin and Company, along with several other banks formed a syndicate and bid a 4.66%. On the reverse side we had the remaining two bidders of A.G. Edwards & Sons out of Chicago and Norwest Investment Services along with Piper Jaffray. The range from low bid to high bid was at 4.63% from Dain to 4.70% from Norwest. You can see that bidding on the Series 1998 bonds, as you'll see with the other two bonds is very close. In comparison to when the Council authorized procedures to sell the bonds. Council was provided with some recommendations and estimates of cost. At that point we were estimating a 4.97% interest rate. This interest rate, the winning bid from Dain is approximately .34% lower which translates into over $138,000.00 in interest cost reduction from originally projected over the life of the issue. And in comparing this information with the information that was provided on the ballot question when these bonds were authorized, the results come in slightly less and so you kept face with your voters. In fact you did better on tax impacts and tax increases than what was originally thought. Councilman Berquist: I'm sorry, did you say 4.9% Is that what they're asking? Paul Donna: Correct. On the second page is the bid tabulation for the Series 1998B bonds. Again, four bids. The same bidders. Slightly in different order but Dain Rauscher was again the low bidder at a 4.47%. And that compares to a 4.77% when it was originally estimated. A difference of .30%. And then the third series 1998C, four bids. All three of the four, Dain Rauscher, Cronin & Company, and Norwest continue to bid and then we had another bid from Bernardi Securities, which is a firm out of Chicago that City Council Meeting - May 26, 1998 rounded out the bidding. Dain Rauscher again was the low bid at a 4.58% and that compares to 4.89%. A difference of .31% from what was originally projected. I think what the, the market has improved slightly since you authorized to proceed. I think a little bit more of the difference in some conservative estimates, particularly when you use the bonds based on a referendum you like to build in a little cushion with interest rates. The market has improved and in comparing it with bonds, other bonds that were sold today that we saw on the market, Chanhassen's A- rating compared favorably to some of the other communities that sold bonds in the A rated category. So you're on the market. From a competitive standpoint and from an interest rate standpoint as far as what your peers.., out in the market as well. Any questions of the bond sale process or anything? Councilman Berquist: Why were we rated at AAA on the S & P on the park issue and A- on the.., water tower and well? Paul Donna: Sure. With each bond issue, provided in the terms of offering, we allowed the bidders to purchase bond insurance at their own cost and they weigh the economics of that. Whether it makes sense for them to purchase insurance. Pay the premium and then market the bonds at a AAA rating. Because the bond insurance companies are automatically rated at AAA. So this bond issue will carry a AAA rating because it was insured and they pay the insurance premium. It's interesting to note though that Dain, the successful bidder on the other two issues chose not to bid the other two issues with insurance. Different investors. They had different markets in the three bonds so. Mayor Mancino: Councilman Senn. Councilman Senn: Now the interest rates that you have listed here are effectively the interest rate in that year of the bond issue basically on them? Paul Donna: Correct. Councilman Senn: And I'm assuming that since the balances are higher in the initial years, that that lower interest rate is more key to it in the initial years than it is in the later years? Paul Donna: The rate is, correct. You're paying more interest up front because of the weighted, correct. That's correct. Councilman Senn: Help me understand something because just at a glance it's not making sense to me. If I look at Dain Rauschers bid on the first issue, we have an interest rate of 4.40%, 2002 to 2007. And I look at Norwest on the last page and they have an interest rate rating ranging from 4.10 to 4.50 during those same initial years. If you just purely go and balance it off, there's more interest savings up front on a pure percentage basis than there is on the back side and looking at the bond issue from a basis that you know the interest rate would have a bigger benefit on the front, I don't understand how we're coming out with a net result that the issue from Dain is more favorable than the issue from Norwest. Paul Donna: I think it's a combination of things happening. If you compare the Norwest bid, they're slightly higher on the long end, at a 460 and a 465 and 9 and 10, which will offset that a little bit but also we have to look at the bid price which is the third column there. And that's what they offer the City up front in dollars to purchase the bonds. With a bid price of $4,911,000.00 from Dain Rauscher, they're taking less compensation and in a sense giving you more bond proceeds up front. And with the true interest rate. City Council Meeting - May 26, 1998 Councilman Senn: So they're taking less out in terms of... Paul Donna: They're taking less out, right. And a true interest rate factors that in as...It's a combination. Councilman Senn: Thanks. Mayor Mancino: Thank you. May I have a motion please? Councilman Berquist: I'll move approval of the proposal for bonds A, B and C and the successful issuers be Rauscher Incorporated. Mayor Mancino: For all three bonds? Councilman Berquist: For all three. Councilman Engel: Second. Councilman Berquist moved, Councilman Engel seconded to award the sale of 1998 bonds to Dain Raushcer Incorporated for the following bond items: Resolution #98-51A: $4,970,000 General Obligation Park Bonds, Series 1998A. Resolution #98-51B: $1,325,000 General Obligation Improvement Bonds, Series 1998B Resolution #98-51C: $820,000 General Obligation Water Revenue Bonds, Series 1998C All voted in favor, Councilman Senn was silent, and the motion carried. CABLE TV FRANCHISE RENEWAL~ SECOND AND FINAL READING. Public Present: Name Address Tom Bordwell Paul Pecora Jane Bremer Brian Grogan 2105-129 Avenue NW, Coon Rapids 55448 1506-2nd Street SE, Waseca 56093 Larkin, Hoffman Law Firm 4800 Norwest Center, Minneapolis 55402 Don Ashworth: We do have Brian Grogan, the City's representative in regards to cable franchise items. As City Council is aware, we have been negotiating a franchise update for nearly one year. The final documents have been reviewed by City Council over various City Council meetings. I think that the, I'll call it tweaking has been done here in the last 2 or 3 weeks. We do have representatives of Triax here as well. I guess at this point in time I would like to introduce Brian Grogan... Why not, if you wouldn't mind, just a brief overview of what we have completed to date and your recommendation. Brian Grogan: Certainly. Mayor, members of the Council. Again my name is Brian Grogan. I'm an attorney with Moss and Barnett in Minneapolis. I think we have accomplished finally, as Don suggests, through a long process, we've brought before you documents that I think greatly improve your ability to City Council Meeting - May 26, 1998 provide your citizens improved cable television service. What we actually have is a regulatory ordinance that will govern any provider of cable television in the city and it will govern those providers in an even and fair manner so that no one provider has a competitive advantage over the other. Second, that we have an actual franchise agreement or a contract this city would enter into with Triax Cablevision that would require Triax to accomplish certain things to improve cable service. Through the efforts of Don Ashworth and City Council, many issues were raised. Number one being improved customer service. Secondly, the attempt to get a new cable system and fortunately both of those main objectives were accomplished and within 18 months we will have a new cable system serving the city which we hope will improve picture quality and capacity and improve reliability and also help to reduce pressure on customer service and so in effect improve customer service provided by Triax. And to Triax's credit they have stepped up to the plate and have responded to the city's issues and concerns and have agreed to comply with these requirements and they have been very cooperative through the process. The process took a long time admittedly but 1 think the end product is well worth that and without going into too much detail, maybe that's a summary and I'd be happy to respond to questions about it. Don Ashworth: Thank you Brian. Mayor Mancino: Thank you very much. Any questions for Brian at this time? Councilman Senn: Move approval. Mayor Mancino: Thank you. This is our second reading. It's been moved for approval. Second? Councilman Berquist: Second. Councilman Senn moved, Councilman Berquist seconded to approve the second and final reading of the Cable TV Franchise Renewal ordinance. All voted in favor and the motion carried. REQUEST FOR A HOUSE MOVING PERMIT~ TIGUA LANE, ERIC PETERSON. Public Present: Name Address Eric Peterson Joe Hautman 3729 Blackhawk Road, Eagan 55122 8551 Tigua Lane, Chanhassen Steve Kirchman: Mayor and Council. If the house move is approved the applicant plans to subdivide 8571 Tigua Lane into two complying lots and move this dwelling onto the new lot. The home on the current lot, Lot 2, Block 1, Rice Lake Manor was built in 1989. Chanhassen City Code, Article lll, Section 1743 requires a hearing be conducted by City Council after notification of property owners within 350 feet of the subject property. A notice of hearing was mailed to the property owners on the enclosed list on 5/15/98. City Code requires a new home moved to Chanhassen to comply with the Uniform Building Code, be well maintained and in good state of repair. Comply with Chanhassen City Code, Chapter 20 and not materially depreciate surrounding property values. In regards to complying with the Uniform Building Code, the inspection staff inspected the home on May 8th, 1998. The applicant was given a list of items required to bring the home up to current code. These items will be incorporated into building.., and HVAC permits that will be required as part of the move. As far as the dwelling condition, the home which was built in City Council Meeting - May 26, 1998 1957 has been generally well maintained. The roof is old with evidence of leaking and should be replaced. I have enclosed exterior pictures of the dwelling taken by inspection staff as well as a copy of the... brochure. Regarding compliance with Chapter 20, as stated earlier, the applicant plan to subdivide an existing lot, if the house move is approved. The applicant is aware of the proposed lot split is subject to requirements of the Chanhassen City Code. The main level of the home is 1,250 square feet, which exceeds the minimum required area for all types of homes in Chanhassen. The home currently has a two car garage. Plans have not been submitted for the foundation or additions to the moved buildings but a two car garage will be required. Additionally, the proposed building location will be required to comply with all building setback requests. Regarding property values of surrounding property. The surrounding homes were built in a range from 1980 to 1994. The following table shows the building and land values. The average building value in this particular subdivision, and this is just for the building, is $194,550 and the median value is $162,050. Recommendation. Staff recommends approval of a house moving permit subject to the following conditions. The applicant shall obtain building, plumbing and HVAC permits from the Inspections Division prior to moving the dwelling. The applicant shall obtain a road use permit from the city prior to moving the dwelling. The applicant shall obtain required permits from MnDOT and applicable counties. The replat of Lot 2, Block 1, Rice Lake Manor shall be recorded with the county before moving the dwelling onto the property. The applicant, Eric Peterson, is with us this evening. Mayor Mancino: Thank you very much. Now this has nothing to do with the lot split. So the lot split will come back in front of the City Council? Is that correct? Steve Kirchman: That's correct. Mayor Mancino: And Kate, do you know when that is? Or has it gone through Planning Commission yet? Kate Aanenson: No, they're submitting it preliminary for us to look at. Mayor Mancino: Okay. So in the next month or two we will be seeing the applicant's lot split. Thank you. So this is just for moving the house. I just want to make sure everyone knew that. Thank you. And is the applicant here? And would you like to address the Council? Eric Peterson: I would. Mayor Mancino: Please. Come up to the podium. State your name and address and if you have any comments or would like to put questions. Eric Peterson: Okay. My name is Eric Peterson. I currently live in Eagan, Minnesota. I was born and raised there. I work for a custom home builder in the Twin Cities metro area and this is a home that we have worked on in the past and the intent is to move the home.., in Edina and to build a spec home. So the lot has been, as Steve pointed out, well maintained over the last 10 years anyway when the current homeowner had lived in there. There are many fine features in the home that are shown in the brochure. Hardwood floors and.., counter tops and redwood siding. I believe.., very good fit in the neighborhood and would be... Mayor Mancino: Okay, thank you. Any questions for the applicant? Councilman Engel: Yeah, who's the builder again? City Council Meeting - May 26, 1998 Eric Peterson: ... Mayor Mancino: Any more questions for Mr. Peterson? My only question was, the leaky roof. And what are you going to do about that? Obviously. Eric Peterson: Well what had happened was there was a satellite dish on the roof that was removed and in the course of taking the satellite dish off the roof, that's where the leakage is occurring. So it's a really minor fix. I think when the inspectors were out there, they noticed a leak and then as the house... northwest comer of the home and.., address that. Mayor Mancino: And how old is the roof? Eric Peterson: The roof is approximately 12 years old. So it is something that will need to be addressed if not immediately, in the very near future and is something that I intend to do but would like to not include in the move for financing... Mayor Mancino: Any other questions? Thank you. Is there anyone here tonight that would like to comment to the Council on this? And please state your name and address. Joe Hautman: My name is Joe Hautman and I live next door to this proposed lot or this place where the house would go. I don't know whether any of you have seen the area but it's something that could be worth your while. I suggest because of it's uniqueness that there be an additional condition which would be that the house, if moved there, would be put in the front of the lot near the street because the subdividing of the lot, and I know you're all waiting for me to quit so you can say this is not about subdivision. But, it is a condition. Mayor Mancino: Were you on the Planning Commission at one time? Joe Hautman: But my point is, is this is a unique woods with trees 20 inches in diameter, 60-70 feet high. Now if that lot is 90 feet wide, if you're to move a 50 or 60 foot house into there, you would totally destroy. You'd have a 60 foot swath in a 90 foot lot. Therefore it does not seem reasonable to put that house back where the existing houses are, which were built in their place. I would have no problem with this house being located out near the street. And that would be greatly to the developer's advantage. It would save him thousands and thousands of dollars in hooking up to utilities. But as it is, it would be a real affront to the city's plans, wish to maintain wetlands and forests and so forth. So the uniqueness of the lot should be considered and one of the conditions, in my opinion, should be that it be located without injuring trees. For the trees which can be done in the front. I do not object to it. The advantage of trying to move it further back where the existing houses would be the view of the swamp. There is no view of the swamp. That is solid green in there and that cannot be cut because it's in a wetland area. Right by where the city's easement runs through. So the only advantage in moving the house way up towards the swamp is the view. That view does not exist. Mayor Mancino: Okay. Thank you very much. Councilman Berquist: Mr. Hautman? You live at 8551. Is that the house directly to the north then? Joe Hautman: Yes. That's the Tom Klingelhutz built... He was the developer who assured us that these lots could never be divided. City Council Meeting - May 26, 1998 Councilman Berquist: Well I'm confused because I'm looking at the stack from the applicant. I find the proposed house on 8561, which I'm assuming would be south of 8551... Mayor Mancino: Steve may be able to help you with that. Steve Kirchman: 8561 would be the proposed address after the split. The lot, the shaded lot on your drawing here is actually 8571. So Mr. Hautman is the lot to the north of that. Councilman Senn: ... complication is that we don't have any shading. Councilman Engel: It's the second one around the comer. Steve Kirchman: Okay, sorry about that. Because I'm trying to place it too because I'm thinking the same thing. Councilman Engel: The shading is really this one. Councilman Senn: The second lot up is what... Steve Kirchman: That's what's shaded. It's supposed to be shaded. Councilman Senn: Okay, the second lot is the one being divided as it sits now? Steve Kirchman: 8571. Second lot is the one proposed to be divided, that's correct. And the new address, or the new lot would be created on the north side of that lot. Councilman Senn: Okay. So in your shaded area is both lots, I just want to understand that. Steve Kirchman: That's correct. Councilman Senn: Okay. So 8571 and 8561 are both there and then 8551, which this gentleman is referencing is then the third lot basically on the current drawing? Steve Kirchman: That's correct. Councilman Engel: Your address was 8551 then, just north of the existing 8571 ? Joe Hautman: Yes. Councilman Engel: Okay. Now I've got all the players right. Councilman Berquist: Well, that just confuses me .... existing home.., and then we have a proposed home which indicates and I'm looking at this as the proposed home to move... Mayor Mancino: This is going to be a long tonight. City Council Meeting - May 26, 1998 Steve Kirchman: I apologize. That was the site plan that the applicant proposed and he used an existing survey out of the file so that, where it says proposed house, that house was built in 1989. Councilman Berquist: And now we're putting this on... Steve Kirchman: That's correct... Mayor Mancino: I'm glad you came. Councilman Berquist: So we don't have any idea how this thing is going to fit on the lot? Kate Aanenson: We can certainly look at all those issues. Mayor Mancino: Okay, so when it goes through Planning Commission you will look at the site. You will look at keeping significant trees, etc. Kate Aanenson: Right. But I mean we can only do what the ordinance allows and he has to be back at least 30 feet.., setback from the wetland... Mayor Mancino: And Eric, is your plan to save the trees and make it a nice wooded lot? I mean I'm assuming that it is. Eric Peterson: ...my intent is to keep it as close... Joe Hautman: Are you going to live there? Eric Peterson: Yes. Joe Hautman: You personally? Mayor Mancino: That's your new neighbor. Councilman Senn: You just said it was a spec. Mayor Mancino: No. The house in Edina is. Eric Peterson: ... Councilman Senn: Could I ask Roger a question? Mayor Mancino: Yes. Councilman Senn: Roger, when the lot split comes back in, those are conditions I'm assuming we can attach to the lot split? Roger Knutson: You can attach reasonable conditions... 10 City Council Meeting - May 26, 1998 Councilman Senn: I mean moving a house onto the property is going to require more destruction of that building.., so I mean what I'm trying to say is can we answer those questions strictly on the lot split or are those questions you have to answer in relationship to the house move? Kate Aanenson: It does meet the qualifications for a metes and bounds split. Roger Knutson: ... Kate Aanenson: It could. It meets the criteria. Just on the face of it right now, it looks like it could meet the criteria for a metes and bounds split. Roger Knutson: Approve a metes and bounds. You can take that as a condition... Mayor Mancino: Make sure it goes to Planning Commission and then comes to us. Or if it comes to us, make sure that we review the lot split. Okay. We'll make that as a part of the motion. Councilman Senn: I would move approval of the house move with the condition that the lot split issue return to the City Council for review and so that the appropriate comments, conditions and etc can be attached. Councilman Berquist: I'll second it. Councilman Senn moved, Councilman Berquist seconded to approve the house moving permit to move a house to 8561 Tigua Lane with the condition that the lot split issue return to the City Council for review and comment, and subject to the following conditions: The applicant shall obtain building, plumbing and HVAC permits from the Inspections Division prior to moving the dwelling. 2. The applicant shall obtain a road use permit from the City prior to moving the dwelling. 3. The applicant shall obtain required permits from MnDOT and applicable counties. The replat of Lot 4, Block 1, Rice Lake Manor shall be recorded with the county before moving the dwelling onto the property. All voted in favor and the motion carried. SITE PLAN REVIEW TO REMODEL A PORTION OF THE FRONTIER BUILDING (PART OF THE ENTERTAINMENT COMPLEX); LOCATED EAST OF CHANHASSEN CINEMA, BLOOMBERG COMPANIES. Public Present: Name Address Fred Oelschlager Robert J. Davis 7410 Chanhassen Road 9973 Valley View, Eden Prairie 11 City Council Meeting - May 26, 1998 John D. Rice Gary Boyle Vernelle Clayton Bob Copeland 551 West 78th Street, Chanhassen 7214 Frontier Trail 422 Santa Fe Circle Sharmin A1-Jaff: Thank you. The applicant is requesting to remodel a portion of the Frontier building into retail space. The portion that's proposed for remodeling has three facades. The south, east and west elevations. The existing materials.., on the building include wood and glass on the south elevation and corrugated metal, wood and block on the east and west elevations. The site which the building is situated on is highly visible and will most likely become the most important area in Chanhassen's central business district. The owner of the property wishes to add a facade that would resemble the Dinner Theater. The windows on the south elevation are proposed to be lowered and enlarged. The wood painted or treated with a stain and a new mansard roof added. The west side of the building is proposed to remain corrugated metal. Staff had a few discussions with the applicant and informed them that this is not an acceptable solution. After we finished the staff report and earlier that day we had some conversations with the applicant's representative. They did submit a resolution that's attached to your staff report. They would rather maintain the corrugated metal. However, as an alternative they would side it with the same type of wood that is proposed along the front of the building and stain it. Along the alleyway the applicant is showing five new light fixtures. They resemble the light fixtures that are currently seen on the Chanhassen Cinema .... will give the alley a sense of balance and make it more pedestrian friendly. Also the sidewalk is being extended to the alley. The east elevation is proposed to be covered with lap siding and brick veneer along the base. Mansard canopies are proposed at the entrances. There's a large garage door along the east elevation and the applicant is proposing to remove it and a wall will take it's place which we believe is an improvement to that area. There is a trash enclosure located along the east side of the building. With this application the applicant is proposing two trash enclosures. One will serve the upper level and the second one will serve the lower level of the building. The exterior material for the structure is proposed to be decorative block to match the retaining wall currently found along the rear of the Dinner Theater. There will also be an 8 foot privacy fence that will screen the storage area for Maytag delivery as well as storage. This will also provide a much needed improvement in this portion. Signage on the building will require a variance since this building doesn't have a street frontage and staff is recommending approval of this variance. One of the conditions originally when we presented this to the Planning Commission, we recommended that the signs would be lowered below the roof line. Mayor Mancino: And when the applicant gets up and shows the rendering, will you show us where? Sharmin A1-Jaff: Absolutely, I will do that yes. And at the Planning Commission they felt that it would benefit the applicant to raise the signage up to the roof and amend the conditions of approval per Planning Commission's request. Mayor Mancino: Okay. So does staff still feel that that's correct or would you still like to see it down underneath the canopy? Or do you just want to give us Planning Commission's recommendation? Sharmin A1-Jaff: One of the recommendations that we made was that the applicant add dormers to the roof line, just to break that mansard roof. The applicant feels that the sign will give that added architectural interest. We feel that there will be a conflict. It's either the signs or the dormers. Mayor Mancino: Oh, okay. But signage is... okay. Okay. 12 City Council Meeting - May 26, 1998 Sharmin A1-Jaff: So basically the applicant has agreed to all of the conditions outlined in the staff report with exception of adding dormers to the roof line. We also made a recommendation that the brick be extended to the top. That's another condition that they don't feel will work. Mayor Mancino: So the two are dormers and brick? Sharmin A1-Jaff: Correct. The other one deals with the roof. The applicant is proposing they sheet drain the roof. Staff was recommending they add gutters. Their condition basically reads that if it works design wise, they will add them. However. Mayor Mancino: Who's going to decide if it works or not? Sharmin A1-Jaff: I believe that it's going to be. Mayor Mancino: Our building inspector? Sharmin A1-Jaff: As well as engineering. Together they would decide. Councilman Berquist: Which way do they plan to sheet drain? Which way does it sheet drain now? Sharmin A1-Jaff: Along, it just. Kate Aanenson: But there's gravel there right now. Eventually that will all be asphalt... Councilman Berquist: So it sheet drains to the east and west? Sharmin A1-Jaff: Correct. Yes, it does. Mayor Mancino: But the west is where the sidewalk is... right? Sharmin A1-Jaff: Correct. It hasn't been, it's gravel right now. There will be a sidewalk added. Now the way the applicant is showing the design, they think that it will, there's a cut in the sidewalk where they feel the water will drain and then it will be piped into the street. So staff is recommending approval of this application with conditions outlined in the staff report. Mayor Mancino: Okay, thank you. I may have some questions a little later on on the alley. On the whole alley way and the purpose.., and get more specific on that. The applicant can come up in just one second. I do want to make sure everyone knows that this will then go in front of the EDA. Tonight we're at the Council reviewing it. We are not the EDA and talking about TIF funding, etc but we are a Council and the EDA will be meeting at the end of June. It will not be meeting on June 4th because there are many members who will not be able to make it on June 4th. So I just wanted everyone to know about it. Is the applicant here and would you like to present to Council please. Please state your name and address. Robert Davis: Good evening, my name is Robert Davis. I office at 9973 Valley View Road in Eden Prairie. I'm an architect. I'm working with Bloomberg Companies on this project. John Rice: My name is John Rice. I'm an attorney for the Bloomberg Companies. I'm located at 551 West 78th Street in Chanhassen. Located in the infamous Frontier Building. And Madam Mayor, with 13 City Council Meeting - May 26, 1998 your permission I have prepared, I have made some revisions on the resolution. There was a question about whether the resolution did, as proposed by the, did or did not deal with a south elevation. I made a couple of corrections there. I made.., on the signs and with the Chair's permission I would give to the members of Council... It also includes a letter that I asked Dave to prepare regarding the matter of the roof.., on the south elevation. Mayor Mancino: Excuse me, before you go ahead. Sharmin, we will be, they have to go through the signage permit and everything too? Sharmin A1-Jaff: Yes. Mayor Mancino: That will come back? Kate Aanenson: They're requesting that as part of this application tonight. Mayor Mancino: Okay. The variance for.., okay. John Rice: Madam Mayor, I would also respectfully... Mayor Mancino: I'll pass these down. Well we don't have very far to go to look at it. Robert Davis: Let me try and explain a few items about this project and answer a few questions. The building is 33 years old that we're dealing with. It was the original Frontier Lumber and Hardware store. The hardware was in the front. The rear which we're dealing with tonight was the lumber yard warehouse. The building front, and it has fronted on your main street. We're dealing with a couple of significant issues here. One is we're making what was the rear of this building now the front. And we're changing it to retail use from the lumber yard originally and then it's been, for over years just a storage space. Let me talk about the arrangement here. This direction here, north is this direction. Is the original front of the building. Main street is this way. This is what you see on the north elevation. We're talking about the west, south and the west.., with the cinema finishing their wall. This is the corrugated metal wall we're talking about. We are extending a sidewalk which now runs across the front, down the alley, between the two buildings and this being the new front, retail space of the building. The sidewalk comes across this side and then if you keep runoff.., from the roof, which was mentioned. It comes off on the west .... come off the roof. It's a big curved on it so half of the roof drains off this way. The other half runs off. What we have shown and are proposing is a concrete.., swale which will catch the water as it comes off the roof and then it runs out under the sidewalk in a trench drain.., with a metal cover, exactly like we have across the alley at the cinema now. They do the same. I think the question was, will this work? How much water is going to come off? I think we've left it in the Planning Commission stage to say, it was the Building Inspector and City Engineer, we think it will work. If it doesn't, everybody wants it right. The owner wants to correct it. We plan to... so water has been coming off there for a year. Mayor Mancino: But nobody's really wanted to walk there. You may have more people walking there now. Robert Davis: We do think it will .... Well, let's go back and look at the west elevation. This is a long wall. This is the.., existing office space. This is the old lumber yard. A metal corrugated wall. For interest we've added these murals down the wall depicting some of the history of Chanhassen. We think the wall, being in an alley, works the way it is. There's been a big question about...what should we put on 14 City Council Meeting - May 26, 1998 it. What should we cover it up with. What we're asking for is to paint it out and leave the rest. I will let some other parties address that subject further. Let me explain what we're doing at the top. This was the rear of the building, the back. It's 32 feet high at the top. It is high, not as high as the cinema which is a tall building for retail. We're using it at a 10 to 12 foot high retail, one story space. So there's a lot of height there that's not used. A lot of height to this roof, existing and proposed we've covered up with this mansard roof. We're looking at four elements to deal with what is a very high existing structure. That's bringing the roof down with wood cedar shakes. Bring that down. Use a wood siding across. We're putting in new glass section and this is an 80 foot long section of storefront glass. New system. Set up on modular spacing so we can cut in doors or move doors with.., depending on the retail mix. If we have two tenants, three tenants, four tenants, we have the ability to shuffle space there. The bottom is a brick led up to the bottom of the retail. Very similar to what we've... The peak elevation then had those nice landscaped comers. We're taking out the garage door.., putting on mansard roof elements over the existing doors there. There is a couple of offices here.., inside. This wall will be sided over then and finished. The brick does carry around.., elevation. The style of this really has been generated from three things. It is the original Frontier building that Herb Bloomberg owns. This is his character of building. The design here is based on his other buildings which is based on the retail use which we've been able to get tenants for. And it's based on the existing frontier character of the other buildings. There's been a lot of discussion about should we try and mask something else? Should we carry the cinema theme over? I think it's appropriate. This is part of the frontier building. To carry the same character and materials around to the back and in fact in this case we're making the back the new front. The issue of the sign on the south wall. We wanted to keep them as high as we can to get the retail value of, this is a new front.., lower them down to this level here. Let me show you, can you catch this on the screen? And go over to the High Timber Lounge which is in this area. Okay. That's exactly what we have on that building. The high shingle, cedar shingle roof and the sign is up on that... This is what we have down.., with the signs on the roof. Mayor Mancino: ...signs... Robert Davis: We're talking about this element here. The shingle roof... I think at this point then I'm going to let John Rice fill in some of the discussion that the staff and Bloomberg Companies had regarding the refinement of some of these elements, particularly the south wall and the west wall. John. Mayor Mancino: Is this going to be from a legal standpoint or from the architectural standpoint? John Rice: Oh, no it's not legal. Mayor Mancino: Because I want to ask some questions architecturally. Robert Davis: Okay. Mayor Mancino: Okay, just a couple. If you're the person I should be asking. The signage, I'm just thinking, color of signage. Color of buildings. Color of brick. Robert Davis: Oh, let me fill you in on all those. We've got... Mayor Mancino: I mean just take a few minutes. Robert Davis: Sure. I think we've got a good color pallet. Wood siding as stained will be this color gray and that you can see...that is the color. The doors are a teal color... The brick. 15 City Council Meeting - May 26, 1998 Mayor Mancino: Does that match the cinema? Robert Davis: It matches the from of the.., are you talking about the brick or? Mayor Mancino: I'm talking about the cornice on the theater. It's in that range? Fred Oelschlager: Yes, it's dam close... Robert Davis: And the brass finish color would the window molding and then hardwood... Mayor Mancino: Okay... and signage? Robert Davis: I don't think we have a color decided for the tenants yet do we?... Mayor Mancino: Okay, so it will come back then? Kate Aanenson: Well no, I guess what we were saying is that.., spread out the parameters and if that's where you want it to go, then.., separate permit. If that's where you want it to be located... They can only have so much square footage based on the size of the building which they... It's all wrapped together. Mayor Mancino: They're all going to be the same color I assume... Robert Davis: That would be my choice. We don't have all the... Mayor Mancino: The same type used and the same color I'm assuming. Or will it be individual? Robert Davis: I think I could let the owner speak to that... Mayor Mancino: Okay. Well I know that staff brought that up in their report... Clayton Johnson: It's probably dictated once there's a McDonald's or Hallmark or something like that. Then you run into a problem. Most the tenants usually... Mayor Mancino: Okay, thank you. Any other questions... ? John Rice: Madam Chair? Could I disagree with Mr. Johnson? Mayor Mancino: You'll be up next, just a second .... architectural questions. Councilman Berquist: I have one quick question regarding the sign. The side, the west side. You're proposing to paint that.., wall. I went over there and looked at the building over the weekend as well as today. How are you going to, how would you propose to clean that wall so it's going to hold paint.., get it to hold a future paint job. Robert Davis: It probably would have to be sand blasted or water blasted and cleaned. I mean what's flaking or deteriorating certainly has to come off. 16 City Council Meeting - May 26, 1998 Councilman Berquist: ... John Rice: The comment I was going to make about the sign, maybe Vernelle, she knows a lot more about it than I do but it would seem to me that there might be tenants who have a particular logo that they would want and especially if it's a trademark logo of a particular color or design.., otherwise within the confines of the sign ordinance, that it's something that could be permitted and we shouldn't just say everything shall be all green and shall be all beige or whatever. Mayor Mancino: Oh, I agree with that. It's just that a lot of times architecturally you like to see the building looking the same and there being the same signage that was the same color. Whether it's different type face or not. Just for the integrity of the architect and that's what... John Rice: My particular letter is directed basically towards there's two things that after discussing this at some length with Sharmin last week and there seemed to be... Planning Commission and in the...the primary issue that maybe it's been beaten around enough so that everybody has the issues well in mind. First one is the west wall and whether or not metal can be permitted. It is, they are formed, structural steel panels and they form the bearing wall. It's still there. They're still functional. One of the reasons, or some of the reasons to keep them and one is the sculpted effect or the.., corrugation really does sort of grate on my ears .... but what it is is a texture and there are light shadows that will come off of it and if we were to have the three dimensional mural panel that were put up, that would be very effective against this in and out background rather than something flat up against the flat wall. Or simply the board and batten wall that covers up the existing steel wall. That's why we think that that should be permitted. Another reason is, as I said, the structural part of the building.., will be as attractive as the other painted portions of the building. Had some discussions with the staff person regarding whether or not the building codes prohibit any exposed metal on the buildings. Well, it says that metal shall not be used except for trim. I do think that it does not mean that you can't have this building and maybe you don't want to promote metal buildings but we should also recognize it's not some pole barn off of the farm that's used to handle machinery. But if it's otherwise acceptable. If it's not otherwise acceptable, then we can move on but if it's otherwise acceptable I would think that that is not prohibited by Section 21-16B of the zoning code. The south elevation is the other issue and there are several issues all related to that south elevation. One of the things that has been talked about is the size and the height and appearance of the height of this building. One of the reasons why I took those pictures and brought them to you tonight is that while on A3, the exterior elevation, standing alone it's outside of the Frontier building does look big. We take a look at it in context, next to the cinema building which is 40 feet away and in front of the cinema building perhaps 100 feet south of the Frontier building. It's almost dwarfed by the cinema. Partly because the cinema facade is higher and because of the massive appearance and with the concrete block and the.., built into the cinema. When you look at it in that situation, that context, it doesn't look that big. But nonetheless what the design that Mr. Bloomberg and Mr. Davis have done is to minimize the affect of height and any disproportion appearance of height. And that's done with the design and the location of the different elements. The brick and the window and the lap siding and the mansard roof. All arranged in effect, both contrasting and complimentary colors in the horizontal fashion which brings down the appearance of the height of the building. It's just like tall people don't wear striped suits and short people don't wear horizontal striped suits. Or dresses or clothes because it emphasizes one or the other. The horizontal effect of both the materials and the color basically minimizes as much as possible and makes, in our view, an attractive the front of this building. As far as the brick is concerned, that's really the most serious difficulty. The brick design that was put in basically a foundation with brick accents, carries around to the new frontier facade. The same treatment that has been used on the West 78th Street side of the Frontier building and in some places carrying over towards the Chanhassen Dinner Theater building. The difficulty with having an entire 17 City Council Meeting - May 26, 1998 wall of brick is that the exact opposite effect, we think will occur. That is it now is emphasizing the height and the size of the building rather than minimizing. The other important affect, and this is what is addressed in Mr. Davis' letter, is that the redesign, using brick would require a redesign of the wall and would require a steel beam across the top of the window panel section so that it would support the brick above it. And that then requires columns in the windows to support the beams. And the result is that we no longer would have the flexibility to move the panels and the tenant door entries about depending upon both the space and location of the particular space that a tenant would want. There's some very significant and being able to fix and provide the rental spaces that tenants want. And that is just very important. As it is to design as it is very flexible. We've got 80 feet of window space and we've got, we could move tenant spaces according to the size of the bay and make appropriate use of all of the bays and all the space. The sign on the mansard are important in that they provide the visibility to the tenants business and names that they are there. Location is important. Visibility is important. The visibility of signage is important. That is why we want the signs to be approved on the mansard and the question of the dormers and the signs both are just incompatible at that place. The Planning Commission seemed to have been very concerned about transition from the cinema to the Frontier to some other building. But this building we should tie in to the 78th Street frontage of the Frontier building and to the Dinner Theater building. That is what is truly a part of and we, the cinema building as the pictures show are, I mean it is so different. There is no way that we can make a cinema look alike a cinema similar but cinema transition piece out of this Frontier building. And what it will do is in effect provide, not necessarily the same look but it will look good and it will be complimentary to the cinema building and that's what we are seeking. And that's why we're asking for the approval. Mayor Mancino: Can I ask you a question? The rest of the land to the east, is also owned by Bloomberg Corporation? John Rice: Yes it is. Mayor Mancino: Okay. So if that were to be redeveloped, that will also be in the same vein as this building? That we're looking at. John Rice: I would not want to say that. Mayor Mancino: Okay. So you have no plans? No long range plans for, you only have a plan for this one building? You don't have any plans for going east at all? John Rice: Not with this building. Mayor Mancino: Well with any type of architecture. John Rice: Pre-decided? No. Mayor Mancino: Right now. John Rice: Correct. There is no pre-set form of architecture decided for further development to the east. Mayor Mancino: Thank you. Is there anyone else from your team that would be. 18 City Council Meeting - May 26, 1998 John Rice: Well, Vernelle Clayton is here. IfI might mention one other thing. I don't know when the next EDA meeting is. I got the word it was June 30th. This, we have a tenant, I have been dealing, I'm telling you this. I don't want to necessarily reveal the name or the..., I've been dealing with the lawyer and they want to sign a lease and we want to sign the lease and we want, we both want a contingency in the lease about whether or not we can get the city approval. There is nothing other than a few minor details of cost. There's nothing else holding up the signing of this lease and this is for a business that is seasonally sensitive and wants to occupy August 1. You can't solve all our problems but this, it really is important that we be able to get a decision and be able to proceed because this is a. Mayor Mancino: Well we will certainly make as a Council a decision tonight. And then it will, if you are asking for TIF financing, it will have to come in front of the EDA then to decide that. So we will certainly be able to give you a decision tonight at the Council and then it's up to you whether you're asking for TIF financing or not, it will need to come in front of the EDA. Because then we become kind of business partners and there we'd have to take a very good look at it. From a number of points of view. John Rice: I understand that. We have Vernelle Clayton here. She can give or answer any questions regarding tenants and leases perspective and Mr. Copeland who is our good neighbor to the west. Vernelle Clayton: I actually gave serious consideration not to say, to say nothing tonight but given the opportunity I can't resist. It's real hard to sit out here and not talk. Just a couple of things. I don't know but I think you might want to clarify, I talked about two things at the Planning Commission and I'll try to restrict my conversation to that...tonight also. One of them was, and I'll just be more brief tonight. On the west side. Mayor Mancino: Vernelle, who are you representing? Vemelle Clayton: Who do I represent? Mayor Mancino: Yeah. Vernelle Clayton: Let me, yes. It just occurred to me, to give a longer speech and tell you exactly that. First of all I was involved with this project when it was a joint effort and Bloombergs were a part of that... It was cinema, bowling and what we called the retail building. The Frontier building was the retail building. And so if there's something about history that you would like to know, you can ask me. I might remember about that. Tonight though I am not working as the developer but I should disclose that I am working with the tenant that he has referenced. So my perspective is probably kind of... and historian. Most everything I do lately is historian. But anyhow. Mayor Mancino: You're not that old. Vernelle Clayton: Oh yeah. We're getting there. I just wanted to mention, I think the plan for the west side is corrugated with what I think is those cute little murals which I think is a little more in keeping with what we originally intended, which was at one time as you may recall we even talked about graffiti. Planned graffiti drawn on those alley walls to make it look truly like an alley. I think.., has prevailed since.., not the planned graffiti but I do like the idea of those little murals. I think they add something fun and festive to the kind of a walkway. We want to change the alley into a little bit of a walkway. I think though that it's my understanding that the plan does not...put in those murals on, if it's the flat surface. Is that right? 19 City Council Meeting - May 26, 1998 Audience: Correct. Vernelle Clayton: So you are not only choosing whether you want the boards on the wall, or the.., but you're also choosing whether you want those murals. I don't think that was clear at the Planning Commission. I don't think I made that clear when I was talking about it either. One of the things though that is very important to me and my role of working the tenant is their signage. It's always important to them. Visibility is the name of the game and retail people pay several dollars a square foot more if you can be seen by greater amounts of traffic than smaller amounts of traffic. Those with the greater amount of cars going by... higher rent. We have to make it so that tenants can be seen and these folks over there have a disadvantage in that they're tucked away. They're all.., kind of tucked back into.., the parking lot. I don't feel that tenants would be apt to be very happy at all.., below that mansard roof. As I mentioned, and I may be repeating myself because you may have read the Minutes but if hung below you'd have all of the clutter of the windows and whatever is going on behind and so it'd be hard to see them. You'd have less distinctiveness of the signs. The Bloomberg Company likes to write in their leases that the tenant.., at least competitive quote from the one particular sign company and if you looked at the newer signs over at the Bloomberg's, they're really quite nice. Well done. They all have a sort of frame around them and that would be lost. You couldn't have that if it were hung below. It'd be hard to have say a window...open sign and window and then a sign, with any kind of lighting, it'd just be hard to have it lit.., down below. With that then, the value.., for one reason or another that the signs and the windows wouldn't work so I won't have to go into why I think it would look funny to have windows on a mansard that's simply over a walkway. Windows with no where to go. Well, I've lost my audience and... Do you have any questions about what we're, how it relates to what... Mayor Mancino: ...no. Thank you. Anyone else? Bob Copeland: Good evening. My name is Bob Copeland and I represent the cinema which is located at 571 Pauly Drive. And the cinema is the neighbor most affected by this project. And I want to tell you folks tonight that we are very much in favor of it. We like the design. We think it will fit in very well with the surrounding architecture and properties. We feel that it'd be a dramatic improvement to what is there now and that if you do approve it tonight, I think you'll be on your way to having 2/3 of that area redeveloped and improved. So we'd just like to let you know that we are definitely in favor of it and that we urge you to approve it. Mayor Mancino: Any questions? Thank you. Is there anyone else here tonight that would like to make any comments or whatever? Okay. Seeing none, I'll turn it back to Council. I just have a few general questions, if you don't mind Council. Sharmin, on the alley way. You know I was back there today and it's kind of, I don't know what it is. What is the purpose of that alley way? I'm assuming, and this has a lot to do with parking. Where are we in our parking counts and whether we're going to be over crowded with parking because I'm assuming that we're relying on some of the parking to come from that upper northern parking lot so people are going to have to walk down here to the cinema to get. You know I've got people from Chaska coming and I guess they love the cinema and they're coming to the cinema so we might get a lot of, you didn't say too much about parking and do we feel we have enough or... people up there so I don't understand the alley. It's kind of confusing to me. I'm not sure what it's supposed to be. Sharmin A1-Jaff: The alley is really intended to encourage pedestrian movement. You would be able to park in the front and then walk. In the front I mean. 20 City Council Meeting - May 26, 1998 Mayor Mancino: The north side? Sharmin A1-Jaff: The north side, and then be able to walk to the southern portion of the building. As far as. Mayor Mancino: Can you be able to drive there too, anybody at any time can drive up that way too? Sharmin A1-Jaff: No. It's not a very wide alley. Therefore, driving through it is not, you can do it but you won't be able to go... really restrictive. Mayor Mancino: And how wide, and I'm sorry I couldn't tell from the plans and maybe the architect.., but how wide is the sidewalk on that east side? Because on the west side next to the cinema, there is no sidewalk anywhere. It stops at where the trash pick-up is. So you cannot walk on the west side, from the cinema up to Timber Lounge. By Timber Lounge. You have to go on that east side. How wide is that planned sidewalk? I mean if it's a 2 foot, 3 foot wide sidewalk, that just is not a pedestrian friendly area. I'm concerned that we haven't really focused on that being pedestrian friendly by what I'm seeing. And again. Sharmin A1-Jaff: I believe it's more like 6 feet, 5 or 6 feet. I would need to measure it. Mayor Mancino: Robert, can you kind of answer that about the alleyway because I think it's going to serve a very big purpose in the future. I don't want to make a big deal about an alley but I also want it to be practical and purposeful and functional. Robert Davis: The sidewalk is proposed at 4 feet wide. There's an access there to a loading dock for the.., so it will come down partway from 78th Street to the loading dock on the... It is 40 feet wide... Mayor Mancino: And can you make the sidewalk wider than 4 feet and still have enough room is what I want to know because that again, that 4 feet is not particularly pedestrian friendly. When you have groups of people coming down to the movie theater, etc. I mean all of our trails in the city are 8 feet, etc. Clayton Johnson: 5 feet is a reasonable number, isn't it? The blacktop will be restored. Right now.., extra blacktop... Mayor Mancino: Sure. But I don't expect people to walk on the blacktop. I want them to walk on the sidewalk if we're going to have trucks at some point. But we could relook at that area. Okay. Clayton Johnson: ... reasonable number... Mayor Mancino: Okay, well let's relook at that. That area. Regardless of what and when goes down, I think that making sure it's a good, wide sidewalk. Yeah, can...a little bit about parking and the study that we're doing and what are we finding out and how is it going to relate to this and. Kate Aanenson: The purpose of this, the parking study.., at the future use of the bowling alley and... There is sufficient parking for what's there today. Mayor Mancino: That's what there today is what? For the cinema and nothing else. 21 City Council Meeting - May 26, 1998 Kate Aanenson: It's for the Frontier... Mayor Mancino: And you project with the occupancy, etc, that it will go up? It will increase? Parking needs will increase, I'm assuming. Kate Aanenson: For which? Mayor Mancino: I'm sorry, for the Frontier building. Kate Aanenson: No. It will go up but there is sufficient parking. The parking study accommodates the bowling alley and additional.., would be on the Frontier building on the site.., building design, the Dinner Theater. What would be an appropriate mix. Whether it be office, more retail. How much that relates to the parking lot. There is sufficient parking for the... Frontier building. Councilman Senn: That's included leaving the park and ride there too, correct? Kate Aanenson: Correct. As it is today. It really would... Mayor Mancino: My other question, on the parking. On the parking on that south side there. There is, we are going to be able to go all the way through from Market Boulevard to. Kate Aanenson: Great Plains. Mayor Mancino: Thank you, Great Plains. And does that mean, are we going to have two lanes to the south there where you can actually travel from one to the other? So you don't have to cut through the parking lot or. You have to cut through a parking lot...able to enter on both sides. It's not going to be an entrance on one side and exit on the other? Kate Aanenson: Right. Mayor Mancino: At this point. Kate Aanenson: It's more it's private... Mayor Mancino: Okay. And is there no way to do it so that we actually have two lanes on the far south of this so that people don't have to cut through the parking lot? Kate Aanenson: Well it's a similar situation we have on the north side. You come in and you'd be the first to... Mayor Mancino: Because we've got a lot more parking. Kate Aanenson: Well yeah on the north side.., it's the same. You come through and you've got the parking aisles so it's the same situation... Mayor Mancino: ... 22 City Council Meeting - May 26, 1998 Sharmin A1-Jaff: That was what we had originally but we ended up vacating it. At the request of the applicant. You wanted to increase the number of parking spaces at this time... Mayor Mancino: ... Kate Aanenson: A public street. Mayor Mancino: ... my general questions at this point. Comments from council members. Councilman Berquist: I've got a number of comments and the first thing I'd like to do is just get a point of reference for the height. In looking at the pictures, Mr. Rice I saw you out taking pictures this afternoon. In looking at the photographs, the facade as it's drawn, is the same height as existing or is it proposed to be higher? John Rice: I think it's the same exact height. Councilman Berquist: Same exact height. Robert Davis: It is 32 feet from... Councilman Berquist: Okay. That was one question. Before I start making the rest of my comments, let's see. Where do I want to start? I've got to admit that I originally attended the Planning Commission meeting where this thing, this project was not particularly well received. At that point I honestly, I was not enamoured with it whatsoever. Having had a month or so to think about this, the mansard roof, and I never thought I'd say this but it has a tendency to, it's had a tendency to grow on you, especially as I look at the building next to the cinema. There's an inherent falseness about the other plan that I was less fond of. In talking about the west side, I'm concerned about how we plan on finishing the alley. One of you gentleman made reference to the artistic elements of the corrugated steel and I agree with that. I went over there on Saturday, over the weekend and took a look at it. I went over there again today and I took a look at it and there is an inherent attractiveness, and if it was refinished properly, I think it would, I really do think it could add to the building. I'm not, I don't think I'm in favor of spreading it out and putting flat siding on it. As far as the mansard roof, again I've grown to appreciate it a little bit more. I didn't want it any higher than what the existing Frontier building is. By the way, I've got to preface my, the rest of my remarks by saying I'm putting my council hat on here. The EDA hat will go on whenever the EDA meets so I'm looking at this purely from a site plan approval perspective. As far as signage goes, I don't believe the building nor the tenants nor the overall economic viability of that whole area would be enhanced by lowering the sign to anywhere other than on the mansard roof. And I'm not so certain that I would like to have five different signs along there.., basically you have five outlets planned for five different signs, that'd be a lot of signs on a 110 foot facade. Is that roughly. Audience: 120. Councilman Berquist: 1207 But I don't know how to handle that. Let's see. Covered the corrugated metal. In looking at the Planning Commission recommendations, architectural interest. Item number 8. Architectural interest in the mansard roof. I think I'm okay with the mansard roof in the site plan approval process. Item 9. The applicant shall add flower boxes. I mean that to me is a decision by the owners. And then, is there something in the ordinance that says.., control runoff. Control the runoff to be construed as having sheet drain to a. 23 City Council Meeting - May 26, 1998 Kate Aanenson: Well that's the interpretation of... Anita Benson: If I could. The concern was having the downspouts on the building. Right now the applicant's proposing having a four inch deep, 3 foot wide concrete flume and then having the 4 foot wide sidewalks. Concern is with the building and the winter, spring, with the thawing that there are icicles hanging down and there'd be a liability issue. If it's going to be a maintained walkway in the wintertime and in the spring, that by putting the downspouts there we could solve that issue and not have that concern and you could also increase the width of the sidewalk without losing alley width. Utilizing that 3 foot concrete.., area. Councilman Berquist: Believe it or not I never considered winter. Isn't that amazing? Mayor Mancino: Not this year. Councilman Berquist: Okay, well that makes sense. I think I've said everything I need to say. Mayor Mancino: Okay, Councilman Engel. Councilman Engel: Well I originally thought I was going to be against any changes to the existing plan but after I've seen some of their options, I'm not so sure I haven't changed my mind. I like the idea of the murals. I'd like to see how they would look in conjunction with what we're going to do with that west wall. It's really the only question I have left. The signs and the frontage, I could go either way on. Like I said before, I don't even buy pictures for my own house anymore so I'm not going to pass judgment on that. I'm okay with that. I just want to see more detail on what we're going to do with the west wall. The colors and along those murals. How they combine. Councilman Senn: One a velvet painting of dogs playing cards... ? Councilman Engel: The velvet Elvis'. Mayor Mancino: Councilman Senn. Councilman Senn: Let's see here. As far as design goes, I don't know, downtown Chanhassen is kind of a hodgepodge of architectural styles now. I don't see that the current design is all that much different from other things that are currently there. I don't see a problem with the design in terms of it's basically in keeping with the.., ordinances. As far as specifications go, I had one quick question. I'm sorry Sharmin... but why in item number 1 does it talk about the proposed rooftop equipment being screened from views, specifically Highway 5 ? Sharmin A1-Jaff: It's just a condition that we attach to any site plan. Councilman Senn: But really what we mean is including Highway 5, correct? Sharmin A1-Jaff: Correct. Councilman Senn: Because we aren't saying screened from views specifically from Highway 5. We're saying from all views, including Highway 5, correct? 24 City Council Meeting - May 26, 1998 Sharmin A1-Jaff: The elevation of Highway 5 is higher than the existing area. Councilman Senn: I understand. So including. As far as signage goes, I don't see a problem with ... variance. I don't see a problem with the signage on the mansard. West wall, I don't like the corrugated metal. I don't like the concept of the murals I guess they're being called. I have a real hesitancy towards allowing that building materials to remain because we haven't allowed it anywhere else. It's not an allowable material under the current code. As far as drainage goes, I think we could leave it that the drainage must be acceptable and approved by the City Engineer and that... I would like to see the sidewalk on the west side of the building get some special treatment in terms of pedestrian friendly and at least 5-6 feet wide. Mayor Mancino: Keep the dormers?... Councilman Senn: Dormers, well given what I've said about signage, I don't really think that dormers will add much myself. It doesn't give me warm fuzzies one way or the other. I think that's all the issues on the site plan. However I do also want to say that, just so there's no misunderstanding if this thing goes on. I don't want anybody to assume anything inherent in what happens tonight as, and my opinion and it's nothing more than my personal opinion as one EDA member, I would have a very difficult time supporting any allocation of TIF for this project. For facade improvements .... with what we originally had planned for what.., recapture funds. Mayor Mancino: Okay, thank you. I will also really just go over the Planning Commission recommendations.., other council members have and.., council perspective. And that is on number 1. I'm fine with that and I would... Number 2. Get a sign permit prior to, that's fine. Number 3...height. Number 4 is fine. Number 5. Number 6, I also agree with Councilman Senn. I'm sorry but, and I've walked it and looked at it, etc. I would like, I just think that the corrugated metal should not stay and that it should be... Yes, I do think you can get architectural, you know texture, etc from different materials and I agree with that. I'd like to see different materials used. The corrugated is just something that I don't think.., and I would like to see the alleyway defined much more pedestrian friendly because I... used that way.., so much parking and people going back and forth. I think it's real important and I think it's important for the health of the cinema and for the health of... it's very comfortable and it feels comfortable. And that it has a nice, clean, crisp feel to... Part of 6 is the brick on the building shall be extended higher. That's kind of, I don't know what that means. Are we saying the height.., should be brick? Sharmin A1-Jaff: Up to the roof. Mayor Mancino: Up to the rooftop. Sharmin A1-Jaff: Well, no. The lower part of the roof. It would be up to the mansard roof. Mayor Mancino: Can you kind of. Oh, all the way up the side. And is there some problem with I-beams spanning that and being able to, what is the right product? I don't know, I'm not a structural engineer at all. Does that make it harder to change the size from... ? I'm asking. Councilman Berquist: Are you asking me? Mayor Mancino: ... construction business. 25 City Council Meeting - May 26, 1998 Councilman Berquist: It removes your flexibility for the future, yeah. It limits your flexibility. Cost. It's going to cost you down the road if it's going to change. Mayor Mancino: Thank you. Councilman Berquist: So you're saying you want it all the way up. Basically you want it from gray to 22, 20 feet. Was that a condition, that was a Planning Commission condition? Mayor Mancino: Yes. The brick on the building shall be extended higher, but there.., nobody every really spoke to that. Councilman Senn: Well I mean, I'm sorry I missed that. I mean in my mind, as far as the brick goes, I don't know what the.., required under site plan review other than to say, for some reason we're giving a sign variance because.., my last statement which.., whole separate issue but it does... Mayor Mancino: Number 7 is fine. Number 8 I think we need to...because I do agree if the signage is up there, that it... Adding flower boxes. The only thing I would say is, you know there needs to be some street furniture, architectural furniture with the flower boxes and that could be... The runoff again I would think it needs to be acceptable. If engineering.., you're walking next to it and it hits the pavement and splatters up on you, it's not a lot of fun. And then I obviously.., sidewalk on the west side of the building and make it more pedestrian friendly. May I have a motion? Councilman Berquist: I want to talk.., need a motion. Councilman Senn: I would move approval of the Planning Commission's recommendation as laid out in the report with the following changes. Item number 1, I would change the word specifically to including. Number 2 is fine. Number 3 is fine. Number 4 is fine. Number 5 is fine. Number 6. I would have the west elevation shall be redesigned in a fashion that would cover the corrugated metal so that it conforms to the allowable building materials. And then I would delete the second sentence, the brick on the building shall be extended higher. 7 is fine. 8 I would delete. 9 would be okay but also include, or I mean how would I say? Include or some you know adequate, how would you say street furniture or landscaping. Items number 10 and 11 I would delete and I would create a new condition saying drainage must be acceptable to and approved by the City Engineer. And then would add another condition that the alley way, or I should say that the sidewalk be 5 to 6 feet in width and that the alley way include some pedestrian friendly elements in addition to the sidewalk and the pavement. I think that would be it. That's the motion. Mayor Mancino: Okay, is that clear? The motion. I'll second that. All those in favor? Councilman Berquist: Can we discuss? Well go ahead. The discussion I had was counter to the motion so go ahead. Councilman Senn moved, Mayor Mancino seconded that the City Council approve the Site Plan for the Frontier Building #98-7 SPR, with a variance to allow signs on a building that does not have direct frontage on a public street, as shown on the site plan dated March 23, 1989 and revised on April 27, 1998, with the following conditions: 26 City Council Meeting - May 26, 1998 All existing and proposed rooftop equipment shall be screened from views, including from Highway 5. 2. The applicant must obtain a sign permit prior to erecting any signage on site. The letters and logos shall be restricted to 30 inches in height. All individual letters and logos comprising each sign shall have a minimum depth of five inches and shall be constructed with a translucent facing over neon tube illumination. Tenant neon illuminated signage shall consist of store identification only. Copy is restricted to the tenant's proper name and major product or service offered. Corporate logos, emblems and similar identifying devices are permitted provided they are confined within the signage band and do not occupy more than 15% of the sign area. The applicant shall consider utilizing a font/sign style that is compatible with the building. The applicant and/or their assignee shall be responsible for any additional sewer and water hook up charges associated with remodeling the building based on the number of SAC units determined by the Metropolitan Environmental Sewer Commission. 5. Fire Department recommends the following policies be followed (copies attached). Policy #01-1990 Policy #02-1990 Policy #04-1991 Policy #06-1991 Policy #07-1991 Policy #29-1992 Policy #34-1993 Policy #36-1994 Policy #40-1995 Policy #44-1997 The west elevation shall be redesigned in a fashion that would cover the corrugated metal so that it conforms to the allowable building materials. The applicant shall enter into a site plan agreement with the City and provide the necessary financial security in the form of a letter of credit or cash escrow to guarantee compliance with the conditions of approval. The applicant shall add flower boxes around the base of the columns along the south elevation or some adequate street furniture or landscaping. 9. Drainage must be acceptable to and approved by the City Engineer. 10. The sidewalk shall be 5 to 6 feet in width and the alley way shall include some pedestrian friendly elements in addition to the sidewalk and the pavement. All voted in favor, except Councilman Berquist who opposed, and the motion carried with a vote of 3 to 1. 27 City Council Meeting - May 26, 1998 Mayor Mancino: Thank you. Thanks for coming. REQUEST FOR PRELIMINARY PLAT APPROVAL OF LOT 2~ BLOCK 1~ CHANHASSEN EAST BUSINESS CENTER SECOND ADDITION (3.46 ACRES) INTO 2 LOTS; SITE PLAN REVIEW OF TWO BUILDINGS (15~005 SQ. FT. AND 12~727 SQ. FT); LOCATED IN THE SOUTHWEST CORNER OF DELL ROAD AND HIGHWAY 5; CHANHASSEN EAST BUSINESS CENTER PHASE III; CSM INVESTORS. Sharmin A1-Jaff: Thank you. Madam Mayor, the first thing I should do is make a correction. On the agenda it does say preliminary and final. In reality we're only doing preliminary at this time. Mayor Mancino: Thank you. Sharmin A1-Jaff: I apologize for that. This is a straight forward application. It starts with the subdivision. The applicant is requesting to subdivide a 3.46 acres into two lots. Each parcel will contain an office building and again it's the request that's relatively straight forward. The second request deals with site plan approval for two office buildings. The buildings are referred to as Buildings A and B. They're similar in design. Materials are different on each building. There are also some differences in the architectural design of each one of those buildings. When we first started working with the applicant on this project, keeping in mind that there are three buildings along Highway 5 that are very similar in design. There's a fourth building that was. Mayor Mancino: Exactly similar. Sharmin A1-Jaff: There is a fourth building that has been approved by the City Council. What the applicant is doing is taking this building. Mayor Mancino: The fourth one? Sharmin A1-Jaff: The fourth one, which they would need to withdraw their site plan approval on, and put in those two buildings and we told them that that would make the City Council very happy. There was some discussion as to the type of materials to be used on the exterior of the two new buildings as well as colors and design and the applicant is really open as to which colors they use. One of the first issues that came up was the canopy. They wanted to use the same color teal as the existing building, which is what you have here. Planning Commission asked the applicant to investigate other options... We also talked about the colors of brick to be used on the building. An existing building has.., red color and.., three different alternatives, and again they're flexible. And since the City Council feels more strongly about it, they will provide.., and there are renderings.., each one of those. I will let the applicant introduce these to you. There is a berm, 3 to 4 feet in height along Highway 5 that will screen the parking lot. The landscaping is a continuation of existing landscaping along Highway 5 right now from phases 1 and 2. Fairly straight forward application. Staff is recommending approval with conditions. Thank you. Mayor Mancino: Thank you. Is the applicant here and would you like to come and, and your three buildings that look alike, and they're gorgeous buildings. We look forward to looking at two a little different now but being as equally as good looking. Mark Kusnierek: As we are too. My name is Mark Kusnierek. I'm the Senior Project Architect for CSM Corporation. We're located at 2575 University Avenue in St. Paul. As Sharmin has mentioned, we have 28 City Council Meeting - May 26, 1998 come forward from the Planning Commission with some options and some challenges that they brought to us and we felt that challenge was very good. We thought we had some improvements and we're looking for you for what you would like to see as far as the exterior of the buildings. We have these options available for you. Originally we did have the teal and we came forth with the blue color now. It does bring out the canopies a little bit more. These are also accented with a glazed block, accent pieces along some of the piers .... located along in here. At the entrances there will be a light on either side. They're metal lights with smaller squares and illuminated in the back... Also what we have done with the striping is we've got a block, rock faced block. Similar to that.., this is all brick with the exception of a darker... And then variations of courses with the brick. There will be some.., underneath the windows will be corbelled back to give a little bit of depth and shadows to the area around the windows .... the Planning Commission that they were concerned that it was somewhat similar to the existing buildings and we had shown them that these are very much different in the way that the windows are designed. These are larger windows. The existing buildings also had more.., which is the original design and then Option 1 was to change the roof. Option 2 basically changes the colors of just the first building. In that respect they've changed the block to a lighter color and the brick is a darker color. The Planning Commission asked us to change the brick... We'd rather separate the two... Mayor Mancino: Any questions of Mark at this point? Mark, which color option... Mark Kusnierek: The one that we've been looking at, and we've had a couple responses and even... Mayor Mancino: Can you bring that a little closer so we can see... I'm sorry. My eyes are changing. Mark Kusnierek: This is Option 1 for Building A which has the... Option 2... What they were looking at was the small square and.., look at more is the larger... Mayor Mancino: Thank you so much for the options and I don't know if... Mark Kusnierek: Anything else? Mayor Mancino: Any other questions? Is the landscaping very much like the other buildings? Mark Kusnierek: It has a similarity. There are, there was I think two tree changes and Westwood had discussed those with the Planning Commission and they agreed they were an enhancement to it and they were just mostly in the ornamental trees. If you wish... Councilman Berquist: I have a question regarding lighting. On the two buildings that are east of this, there's a tremendous amount of... tremendous number of lights on the building. Albeit they're somewhat low wattage but there's a lot of lighting. And do you find similar.., entryways and parking lot lights and that's about it. Are you planning similar concentrations of lighting? Mark Kusnierek: No. The lights that you see on the building here will be 8 lights. Two per each entrance. There are four entrances on each building. Councilman Berquist: So you're not going to be as heavily lit as the other buildings? 29 City Council Meeting - May 26, 1998 Mark Kusnierek: No. Not like you see the round lights on the other one. The parking lot is going to be similarly lit because of the security issues that come with it. We try to meet the city ordinance right on the nose with that. We will be getting photometrics for that. Councilman Berquist: Have you made a decision, you made a decision to build those two buildings for a lot of light along the perimeter around that building. Why did you, I'm just curious. I want to understand the thinking process behind it. Why did you.., discard that idea on these two? Mark Kusnierek: The difference between the buildings is that one, they are larger buildings and being multi tenant buildings, they're again harder to determine where the entrances could end up being. With the smaller buildings we have pre-determined, to an extent that it makes it difficult, even as far as how the tenants are split with them. We're looking at probably a maximum of four tenants for each building whereby working around the existing entrances that we've provided and keeping a nice design to the building. And that's why you see more lights and we wanted to make sure that the tenants had lights around their entrances. On the original building. Mayor Mancino: Any other questions? Councilman Senn: These are now single story buildings, correct? Mark Kusnierek: Correct. Councilman Senn: Gathering from the comments you just made, they are not single user buildings? Mark Kusnierek: No. These are multi tenant buildings as well. They could end up being a single tenant if one decides to come and take the whole building. Councilman Senn: But they are pure office buildings? Mark Kusnierek: They are 100% office buildings, yes. Councilman Senn: And from a pure planning standpoint... Mark Kusnierek: It will be above the entrances. So you'd have a sign just above each door possibly. We have submitted a sign to your packet to the staff and that follows true with options, the original and option 1. With option 2 we might have to change the colors slightly to the building so it shows up a little better with the darker background. Councilman Senn: And your entrances will be where? Mark Kusnierek: As shown on? Councilman Senn: On your east and west elevations, correct? Mark Kusnierek: Correct. There are none on the north. Mayor Mancino: I'm assuming the signage.., existing buildings. 30 City Council Meeting - May 26, 1998 Mark Kusnierek: The design of it is the same but the color changes. With Option 1 and what we had submitted was a block color. Mayor Mancino: Rooftop equipment. Mark Kusnierek: It will be screened with the parapet. The roof is approximately 3 feet below the top of the parapet. And with Highway 5. Mayor Mancino: 3 feet though, I've seen huge heating units that are 10 feet tall. Mark Kusnierek: The units that you'll see in this building are very small... We also have restrictions as to where they can place them. We do set them back from the parapet themselves so there is some room in there to work. Mayor Mancino: Thank you very, very much. Is there anyone here tonight that would like to comment on this? You can say anything you want. Hearing none. Councilman Senn: One more question. There's no retail at all on the plans? Mark Kusnierek: No. Mayor Mancino: Can I have a motion? Councilman Senn: Before, two issues I'd like to discuss. One is, if in effect this is going to be a one story building, okay. And with the change in architecture and stuff, I really think we should cut down the berming in front to highlight the building in relationship to the landscape along that section where you focus on and identify with the buildings in more of a break in relationship to what else can go on there. If you keep the high berm there, because of the parking lot, you are going to cut out the visibility on most of the building. A very good chunk of the building. And it's only a one story building. Mayor Mancino: So is the existing one, isn't it? Councilman Senn: No. Mayor Mancino: Yeah. Mark Kusnierek: The existing one is one story office/warehouse. Councilman Senn: Yeah, but high is it? Mark Kusnierek: It runs up about... Councilman Senn: Yeah, you just answered my question before and said this was a single story building in height which means it's not 20 some feet tall. Mark Kusnierek: The building itself, the bottom...would be at 15 feet and the... Councilman Berquist: 17 and 26 to the top of the parapet. 31 City Council Meeting - May 26, 1998 Mayor Mancino: So this is about the same size as the other one. Councilman Senn: Well now wait then. You're not building. Mark Kusnierek: No, shorter because the blocks... Mayor Mancino: By a few feet. Mark Kusnierek: Because what we're trying to do here is create more of a parapet with... Councilman Senn: But if you're 15 foot to bottom of joist, you're going to eat up a few more feet in mechanical. Is that, the ceiling, you're going to have about 12 foot ceilings. Mark Kusnierek: You could run 12. You could actually go to a 14 foot... We have a variety of tenants... Some of them will even go not... Councilman Senn: Okay, well I misinterpreted that. I thought, I mean when I talked about building heights and you said one story versus the allowable two story under the ordinance, I was assuming it was going to be the height of the... I was assuming it was going to be somewhere more in the neighborhood of 15-16 feet in height which would be a nice break elevation wise to what's there and again... But if it's going to be a 20 some foot building, then no. I would say.., and you're actually going to increase the berm by 2 feet. Again, if it's shorter buildings either way. I think that might be getting carried away in terms of what we're trying to accomplish. I don't think we're trying to make the building. Mayor Mancino: Yeah, but I think one, if they feel comfortable with it. And number two, as you know... Highway 5 corridor ordinance, etc, we're trying to screen some parking and I don't know about you, but if the applicant feels comfortable with what's there right now, I mean you certainly get a sense of the buildings there. With what's there right now Mark. The three buildings that are there. I don't feel like they're hiding at all. Councilman Senn: Well there would be other buildings... I mean here you're not going to have effectively any parking on that side of the building. The parking's going to be on the east and west sides of the building. Okay, so I'd rather, I mean I'd rather.., some low level screening to that berm as it goes back and leaving as much of his building visible than contract the other building. Than to try to mm around and... Mayor Mancino: Let's have them work that out with staff. Councilman Senn: I'd like to just see some different consideration to that other.., increasing the height of berm. The second issue was, and given the size of these buildings, and a pure office use, my preference would be to see an office building. It is office space. It's going to go a lot higher rate per square foot. You know the building can afford that. I guess maybe my other question is, I assume since these are small office buildings... Is there a reason why... ? Mark Kusnierek: There is some competition as you... Councilman Senn: Well, I don't have an answer... 32 City Council Meeting - May 26, 1998 Councilman Berquist: There's one site more to the west. There's one additional lot to the west. Mayor Mancino: And tell me again your rationale for the all brick. Councilman Senn: Well everything else to the west of it is all brick. The Goodyear's. The McDonald's. The... I mean basically everything else is brick. I mean granted this becomes kind of the transition but I'd rather keep the high standpoint for them than the low standpoint. I mean again, if you're talking office warehouse, to me it wouldn't be that big of an issue but when it's pure office space.., higher standard. Mayor Mancino: ... would you need to come back if that's something that we wanted to see? Mark Kusnierek: We're very hopeful to get a decision tonight... Councilman Berquist: Do we even have the ability to require that? ... not part of the ordinance. Councilman Senn: Under the Highway 5 ordinance you do. I thought. Mayor Mancino: No, we can ask for good quality materials but I don't think... Councilman Senn: Well you required it on all the other buildings there to the west. Kate Aanenson: Those are conditional uses though. Those are all conditional uses. Councilman Senn: So those are attached as part of conditional use? Kate Aanenson: Correct. Councilman Senn: There are no conditional uses here or anything else, right? Mayor Mancino: Yeah, that may be something we want to consider... I take it all back. I thought it was part of the Highway 5 ordinance. That that was the Councilman Senn: code. Mayor Mancino: Well there's a range of materials within the Highway 5. Councilman Senn: But I thought it got down to more use specific. Wanted to see a higher standard for the office and the retail. Mayor Mancino: But it didn't get down to material.., and that might be something we want to look at... May I have a motion. Councilman Berquist: You're the one that likes Option 1, you make it. Mayor Mancino: Well I do, I do like Option 1. Councilman Senn: I'll move Option 1 as a site plan review and preliminary plat approval. 33 City Council Meeting - May 26, 1998 Councilman Engel: As shown per staff conditions. Councilman Senn: Well that's all in there, yes. Councilman Engel: Okay, I'll second that. Councilman Senn moved, Councilman Engel seconded to approve Option 1 for Site Plan Review/t95- 18 for CSM Phase III, as shown on the site plan received March 2, 1998, subject to the following conditions: 1. Planting schedule shall be revised to reflect use of some of the Lake Drive boulevard tree species used in the landscape plan for previous CSM phases. 2. The applicant shall revise the landscape plan to include shrubs in buffer yard plantings along Highway 5. 3. Parking lot islands shall be a minimum of 10' in width. If the applicant does not increase the width, aeration tubes shall be installed. 4. Landscape materials used along the south of the trash enclosure shall be repeated along the north portion of the structure. 5. Signage criteria: a. Each building shall share one monument sign. One monument sign per lot. Monument signage shall be subject to the monument standards in the sign ordinance. b. Wall signs are permitted on no more that 2 street frontages. The letters shall be located within a designated sign band. 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. No illuminated signs within the development may be viewed from the residential section south and west of the site. g. Back-lit individual letter signs are permitted. h. Individual letters may not exceed 2 feet and logos may not exceed 30 inches in height. i. Only the name and logo of the business occupying the unit will be permitted on the sign. 34 City Council Meeting - May 26, 1998 j. The applicant must obtain a sign permit prior to erecting the signs on site. A detailed sign plan incorporating the method of lighting, acceptable to staff should be provided prior to requesting a sign permit. k. One stop sign must be posted on the driveway at the exit point of both sites. The applicant shall enter into a site plan agreement with the city and provide the necessary financial securities as required for landscaping. 7. Fire Marshal conditions: a. ~'No parking fire lane" signs and yellow curbing shall be provided. Contact Chanhassen Fire Marshal for exact location of signs and curbing to be painted. The proposed fire hydrant between Building A and Building B must be relocated to the south. Contact Chanhassen Fire Marshal for exact location. Post Indicator Valves will be required. Contact Chanhassen Fire Marshal for exact location. Comply with Chanhassen Fire Department/Fire Prevention policy regarding premise identification. Pursuant to Chanhassen Fire Department/Fire Prevention Policy #29-1992. (Copy Enclosed.) Submit radius mm dimensions to City Engineer and Chanhassen Fire Marshal for review and approval. Comply with Chanhassen Fire Department/Fire Prevention policy regarding fire department notes to be included on all site plans. Pursuant to Chanhassen Fire Department/Fire Prevention Policy #04-1991. (Copy Enclosed.) Comply with Chanhassen Fire Department/Fire Prevention policy regarding pre-fire plans. Pursuant to Chanhassen Fire Department/Fire Prevention Policy #07-1991. Comply with Chanhassen Fire Department/City of Chanhassen Policy regarding water service installation for commercial and industrial buildings. Pursuant to Inspection Division Water Service Installation Policy #34-1993. (Copy Enclosed.) Comply with Chanhassen Fire Department/Fire Prevention Policy regarding maximum allowed size of domestic water service on a combination domestic fire supply line. Pursuant to Chanhassen Fire Department/Fire Prevention Policy #36-1994. Comply with Chanhassen Fire Department/Fire Prevention Policy regarding fire hydrant installation. Pursuant to Chanhassen Fire Department/Fire Prevention Policy #47-1998. (Copy Enclosed.) Comply with Chanhassen Fire Department/Fire Prevention Policy regarding fire department witnessing flushing of underground mains which come in to the building for 35 City Council Meeting - May 26, 1998 fire suppression systems. Pursuant to Chanhassen Fire Department/Fire Prevention Policy #40-1995. Concurrent with the building permit, a detailed lighting plan meeting city standards shall be submitted. 9. Revise plans to introduce a different pitched element on the buildings. 10. All rooftop equipment must be screened in accordance with city ordinances. 11. Enter into a cross parking/access agreements. 12. The applicant shall officially withdraw the site plan for CSM Phase II Building 2. 13. Meet with the Building Official to discuss building plans." 14. The applicant shall investigate other color options for the canopy and provide more contrast between the two shades of brick used on buildings A and B. All voted in favor and the motion carried. Councilman Senn moved, Councilman Engel seconded to approve preliminary plat for Subdivision #95-18 for Chanhassen East Business Center Third Addition as shown on the plat received March 2, 1998, with the following conditions: 1. Park and trail dedication fees to be collected per city ordinance. The name of the subdivision shall be changed to Chanhassen East Business Center Third Addition and lots shall be described as Lots 1 and 2, Block 1. The applicant shall dedicate a cross access/parking easements over the two lots. The applicant shall enter into a site plan agreement with the City and provide the necessary financial security to guarantee compliance with the permit. The installation of traffic signals at the intersection of Lake Drive East and Dell Road is expected in the future. The developer shall be responsible for a share of the local cost participation of this signal on a percentage basis based upon traffic generation from full development of this site in relation to the total traffic volume on Dell Road. The developer and/or property owner shall waive any and all procedural and substantive objections to the special assessments, including but not limited to hearing requirements or any claim that the assessment exceeds the benefit to the property. All areas disturbed as a result of construction activities shall be immediately restored with seed and disc-mulched or wood-fiber blanket or sod within two weeks of completion of each activity in accordance with the City's Best Management Practice Handbook. All catch basins shall be protected with silt fence or hay bales until the parking lot is paved. The appropriate front, rear and side yard drainage and utility easements shall be dedicated on the final plat. 36 City Council Meeting - May 26, 1998 The applicant shall escrow with the city $4,000.00 to guarantee boulevard restoration and/or repairs to existing City utilities or street improvements damaged as a result of construction. The applicant shall apply for an obtain permits from the appropriate regulatory agencies, i.e. Watershed District, Metropolitan Council Waste Water Services, Minnesota Health Department, Minnesota Pollution Control Agency and Minnesota Department of Transportation and comply with their conditions of approval. 9.. No berming or landscaping will be allowed within street right-of-way. 10. The final construction plans and specifications for the site utility improvements shall be designed and constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates and/or state plumbing codes. 11. A cross access and maintenance agreement shall be executed over the easterly lot to permit utility extension and street access to the westerly lot. 12. All driveway access points along Lake Drive East shall be constructed in accordance with the City's Industrial Driveway Detail Plate No. 5207. 13. The applicant shall enter into an addendum to the development contract with the city and provide financial security in the form of a letter of credit to guarantee site improvements and pay administration fees for review and recording the final plat. All voted in favor and the motion carried. I(G). APPROVAL OF MINUTES: Mayor Mancino: And Roger, I hope you've had enough time to figure out what we did. What page was that, 107 Roger Knutson: Page 10. Councilman Senn: Maybe I can be clearer on my request. My request is to highlight the paragraph I mentioned as the motion and to also insert the vote that was taken after it says Councilman Mason seconded, which is... That's effectively what I'm suggesting... Roger Knutson: Mayor. Councilman Senn. I did find, it took me some looking. On page 13 the vote is recorded. Towards the top after the number 3. Mayor Mancino: All voted in favor of all the previous items and the motion carried. Roger Knutson: I had to look it up three times to find it. Councilman Senn: Yeah. Following through, here's my problem. The problem is is that the motion as stated were not made. More or less when you go in where it says Councilman Senn moved, Councilman Mason seconded to approve the following items for Wheaten Restaurant Group located south of Highway 37 City Council Meeting - May 26, 1998 5, east of Market Boulevard. That is not a motion that was made. The motion above was made and inherent in that motion was the approval of the site plan. The approval of the preliminary and final plat. The approval of Addendum B and I think that was it. And the liquor license. Roger Knutson: IfI could make a suggestion. I think the record, I thought about lots of ways in making clear on what happened. If you were just to delete those two bold faced lines that you just read Councilman Senn. Councilman Senn moved, Councilman Mason seconded with the following items for da, da, da, da. If you'd just take that out. Councilman Senn: And replace it with the paragraph above turned into bold basically. Roger Knutson: Yeah. I mean you wouldn't even have to say it again if you didn't want to. It's stated. That's the motion and then there's no confusion as to what the motion was. Councilman Senn: Which we usually highlight so I mean. Roger Knutson: You could put your motion in bold. Councilman Senn: Okay. So I would move approval of the Council, these Minutes with the following changes on page 10 and that is to make paragraph 5, the motion in bold and to delete paragraph 10, the two sentences. Two lines of paragraph 10. Mayor Mancino: I'll second that motion. Councilman Senn moved, Mayor Mancino seconded to approve the City Council Minutes dated May 11, 1998 as with the following changes on page 10 and that is to make paragraph 5, the motion in bold and to delete paragraph 10, the two sentences. All voted in favor and the motion carried. Mayor Mancino: Now, is there any discussion on Admin? Councilman Berquist: I want to know about...the landscape company down there. We've got a letter. Didn't we send a letter to them on the 8th? Kate Aanenson: No, we mailed them today. Councilman Berquist: Mailed them today? Kate Aanenson: Yes. Councilman Berquist: Were they... ? Councilman Senn: Why do we have to keep getting that back under control? Councilman Berquist: Well what I wonder, you know we gave them approval to put up a 4 x 8 piece of plywood for a sign .... Kate Aanenson: That's not my department. 38 City Council Meeting - May 26, 1998 Councilman Berquist: Oh my lord. Councilman Senn: Well again, I mean I want to make a little point here. We bent over backwards to help these people and it seems like it's just a recurring issue of problems. Councilman Berquist: ... landscaping and they're not supposed to be doing landscaping... Kate Aanenson: Well that was our point. We tried to... went beyond that so we had a good meeting today. Councilman Senn: Well... so it doesn't have to come back again? Kate Aanenson: That's possible. Councilman Berquist: It will always come back... Are we adjourned? Kate Aanenson: No. Councilman Berquist: Can we adjourn? Mayor Mancino adjourned the City Council meeting at 9:00 p.m. Submitted by Don Ashworth City Manager Prepared by Nann Opheim 39