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CC Minutes 1998 06 08CHANHASSEN CITY COUNCIL REGULAR MEETING JUNE 8, 1998 Acting Mayor Mason called the meeting to order at 6~30 p.m. The meeting was opened with the Pledge to the Flag. COUNCILMEMBERS PRESENT: Acting Mayor Mason, Councilman Berquist, Councilman Senn and Councilman Engel COUNCILMEMBERS ABSENT: Mayor Mancino STAFF PRESENT: Roger Knutson, Don Ashworth, Kate Aanenson, Anita Benson, Jerry Ruegemer, and Todd Gerhardt APPROVAL OF AGENDA: Councilman Senn moved, Councilman Berquist seconded to approve the agenda with the following deletions~ Item l(m) on the Consent Agenda, the 1998 Budget Amendment to Include the Goose Removal Program, and item 3, Lake Lucy Estates were deleted from the agenda. All voted in favor and the motion carried. PUBLIC ANNOUNCEMENTS: None. CONSENT AGENDA: Councilman Berquist moved, Councilman Senn seconded to approve the following Consent Agenda items pursuant to the City Manager's recommendations: a. Resolution #98-S3A: Approve plans and specifications for the Lake Lucy Road Improvement Project 98-1 dated May 28, 1998, and authorize advertisement for bids; and Resolution #98-S3B: approve the resolution prohibiting parking on both sides of the roadway. b. Resolution #98-54: Approve Plans & Specifications for Coulter Boulevard Phase IV; Authorize Advertising for Bids, Project 97-1D. c. Resolution #98-55: Accept Utility Improvements in Lotus Lake Woods, Project 95-15. d. Approve Ownership Transfer of Outlot B, Highover, Project 97-15. f. Chanhassen East Business Center Phase III, CSM Investors: 1) Final Plat Approval g. Approval of Bills. h. City Council Minutes dated May 26, 1998 Planning Commission Minutes dated May 20, 1998 i. Approval of Summary Ordinance for Cable TV Franchise Renewal for Publication Purposes. k. Approve Temporary and Permanent Easement Payments, 1998 Trail Project. City Council Meeting - June 8, 1998 1. Approval of Contract for Lifeguard Services at Lake Ann Beach, Minnetonka Community Services. All voted in favor and the motion carried. VISITOR PRESENTATION: None. AWARD OF BIDS: SEVERE WEATHER SIRENS AND INSTALLATION. Don Ashworth: We did take bids this morning, or open bids. Unfortunately only one bid was received. The amount, and that was from Federal Siren. They did comply with our specifications. They will install five sirens this year with four being installed next spring. Total cost over the two year period of time would be $127,196.00. They did provide an option whereby the City could take and carry the cost of the sirens up to a five year period of time. At any point in time if we wanted to cancel that contract or pay offa portion of the principle, we could use naturally the interest cost would be reduced. Staff is recommending the award of the low bid from Federal Siren in the amount of $127,196.00. Councilman Senn: i'll move approval of the bid and the installation of five sirens this year and four sirens next year and of the five sirens going in this year, at the approximate cost of $70,000.00. That $70,000.00 will come from a combination of the reserve and available TiF district funds on applicable sirens. Councilman Engel: i'll second that. Acting Mayor Mason: Is there any further discussion by Council on that? Councilman Senn: And i should add to that, the five for next year will simply become a funding. I'm sorry, four sirens for next year would become a funding issue as it relates to the '99 budget. Councilman Engel: Second. Resolution #98-56: Councilman Senn moved, Councilman Engel seconded approval of the bid and the installation of five sirens this year and four sirens next year. Of the five sirens going in this year at the approximate cost of $70,000.00, that $70,000.00 will come from a combination of the reserve and available TIF district funds on applicable sirens with the four sirens for next year becoming a funding issue as it relates to the '99 budget. All voted in favor and the motion carried. REQUEST FOR SITE PLAN REVIEW OF A 15,000 SQ. FT. OFFICE/WAREHOUSE/ MANUFACTURING BUILDING; LOCATED AT THE SOUTHWEST CORNER OF LAKE DRIVE WEST AND AUDUBON ROAD ON LOT 1, BLOCK 1, CHANHASSEN BUSINESS CENTER 4TM ADDITION; QUANTUM CONTROLS, INC., EDEN TRACE CORPORATION. Kate Aanenson: As you indicated, Eden Trace, the applicant is requesting approval for Site Plan of a 15,000 square foot office building as part of the Chan Business Center. It's bordered by Audubon Road and Lake Drive West. It does have, as part of the buffering requirements because it's close to Lake Susan Hills area, there is a buffer requirement, but the applicant has modified since the original Planning Commission. The developer recently had site plan approval for the property to the south of this and when we did the original PUD... more office component. This will have some... We think it compliments that City Council Meeting - June 8, 1998 building. The Planning Commission did unanimously recommend approval and we are recommending approval of the site plan with the conditions in the staff report. Acting Mayor Mason: Okay. Does the Council have any questions for staff? Would the developer, Eden Trace, do you have anything further to add? I think we're all pretty familiar with, yeah. Is there anyone else in the audience that would like to comment on this? And the applicant is back there. Councilman Senn: I'll move approval. Councilman Engel: Second. Acting Mayor Mason: Any further discussion? Councilman Senn moved, Councilman Engel seconded to approve Site Plan #98-9 for Eden Trace Corporation-Quantum Controls as shown on the plans dated received April 24, 1998, and subject to the following conditions: All driveway access points onto Lake Drive West shall incorporate the City's industrial driveway apron (Detail Plate No. 5207). The developer shall be responsible for relocating any conflicting street lights along Lake Drive West. Rock construction entrances shall be maintained by the applicant until all parking lots are paved with a bituminous surface. In addition, all catch basins inlets shall be protected with silt fence, rock filter dikes, or hay bales, as well. All drive aisles shall be revised to meet the City Code requirements (20-1101 and 20-1118). Driveway radiuses onto Lake Drive West shall be increased to 20 foot radii. Sanitary sewer and water hookup charges shall be applied to the building permit. Charges shall be based upon the number of SAC units determined by the Metropolitan Council Environmental Services. The applicant shall provide the city with a financial guarantee in the amount of $2,500. To guarantee boulevard restoration as a result of the driveway access point. The contractor and/or developer shall contact the City's Engineering Department for inspection of the driveway apron and curb/street restoration prior to pouring the concrete. A 24 hour notice is required to schedule an inspection. All utility improvements shall be constructed in accordance with the latest editions of the City's Standard Specifications and Detail Plates and/or State Plumbing Codes. Detailed utility plans and specifications shall be submitted in conjunction with the final plat approval for staff review and approval. The private utilities will be inspected by the City's Building Department. The developer and/or builder shall be responsible for obtaining the necessary permits from the City. The final utility plans shall be revised to include an inside drop for the sewer service connection to the existing manhole. One lane of traffic must be maintained at all times. The street (Lake Drive West) shall be restored in kind within 7 days after work commences. The contractor shall be City Council Meeting - June 8, 1998 10. 11. 12. responsible for providing and maintaining traffic control. The developer shall escrow with the City in the form of a letter of credit or cash escrow in the amount of $2,500 to guarantee street restoration. All existing trees shall be protected during the construction of the berm and replaced by the applicant if necessary. Landscaping along Audubon Road shall be consistent with buffer yard B planting requirements of the landscaping ordinance. Overnight parking of motor vehicles will not be permitted unless applicable portions of the building is designed to meet the code requirements for a parking garage. Meet with the Inspections Division plan reviewer as soon as possible after approval to begin the building code plan review process. 13. Fire marshal conditions: 14. 15. 16. 17. a. Refer to Utility Plan. A post indicator valve must be added to the 8 inch water main running into the building. NFPA 13 1991 Section 4-5.1.1.7. b. The post indicator must have tamper protection which is connected to the sprinkler system monitoring. Chanhassen Fire Department/Fire Prevention Division Policy #40-1995. c. Contact Fire Marshal for exact size and location for installation of a lock box on the side of the building for fire department access. MN Uniform Fire Code 1991 Section 10.302. The applicant shall enter into a site development contract with the city and provide the necessary financial security to guarantee compliance with the terms of approval. All roof mounted equipment shall be screened by walls of compatible appearing material. Wood screen fences are prohibited. All exterior process machinery, tanks, etc. are to be fully screened by compatible materials. As an alternative, the applicant can use factory applied panels on the exterior to the equipment that would blend in with the building materials. All freestanding signs shall be limited to monument signs. The sign shall not exceed eighty (80) square feet in sign display area nor be greater than eight (8) feet in height. The sign treatment is an element of the architecture and thus should reflect with the quality of the development. A common theme will be introduced at the development's entrance monument and will be used throughout. Each property shall be allowed one monument sign located near the driveway into the private site. The monument sign must maintain a ten foot setback from the property line. The signs should be consistent in color, size, and material throughout the development. The applicant should submit a sign package for staff review. A separate permit is required for all signage on site. Lighting for the interior of the business center should be consistent throughout the development. A decorative, shoe box fixture (high pressure sodium vapor lamps) with a square ornamental pole shall be used throughout the development area for area lighting. All light fixtures shall be shielded. Light level for site lighting shall be no more than ½ foot candle at the property line. This does not apply to City Council Meeting - June 8, 1998 street lighting. Lighting equipment similar to what is mounted in the public street right-of-ways shall be used in the private areas. Wall pack units may be used provided no direct glare is directed off-site and no more than ½ foot candle of light is at the property line. 18. Park fees shall be paid in accordance with city ordinance requirements. All voted in favor and the motion carried. OLIVEWOOD; LOCATED JUST SOUTH OF SANDPIPER TRAIL AND WEST OF PIPER RIDGE LANE; COFFMAN DEVELOPMENT SERVICES, INC: A. REQUEST FOR PRELIMINARY AND FINAL PLAT APPROVAL FOR 8 SINGLE FAMILY LOTS WITH VARIANCES TO THE FRONT YARD SETBACKS AND WETLAND SETBACKS AND TWO OUTLOTS AND A WETLAND ALTERATION PERMIT FOR WETLAND MITIGATION. APPROVAL OF CONSTRUCTION PLANS & SPECIFICATIONS AND DEVELOPMENT CONTRACT, PROJECT 94-11. Kate Aanenson: As you can see this application has a wetland alteration permit and... When it originally came in there was 9 lots. There are two homes on the property. Mrs. Newman and the Weimerskirch's home. When this first came before you in 1994 you did recommend to approve the plat. It originally had 9. You had requested it down to 8. At that time they had to do wetland replacement. Since that time there have been changes to the wetland... 2,000 square feet so they're not required to...so that's a modification. They are doing a recreational beachlot which the DNR... recommended before, there are 7 of the 8 lots are riparian. We recommended that there be one large dock which the DNR did permit before and they are recommending approval of that again. ...One of the issues between this approval and the one that was done in 1994 was we had a better handle on the wetland management plan. Some trees were missed as far as the Council. We did ask the applicant to provide a woodland management plan which we think is better than what was originally approved. So with that we are recommending approval of the subdivision. It's very similar with some minor modification of what was done in 1994. With the conditions of the staff report, the Planning Commission also recommended approval. I'd be happy to answer any questions. Acting Mayor Mason: Council have any questions for staff'? Would the applicant like to come forward and say anything? Bill Coffman: Acting Mayor, members of the Council. My name is Bill Coffman. I'm the President of Coffman Development Services. With me tonight I have Ann and Arne Weimerskirch, the owners and developers of the property. We have no, I have no comments. I'm just available for any questions that you may have. Acting Mayor Mason: Does Council have any questions? Guess not. It's been on the books on and off for a while so I think we're all pretty familiar with it. I have no comments. Is there anyone from the audience that would care to have any questions or comments at this time? Councilman Senn: I'll move approval. City Council Meeting - June 8, 1998 Councilman Engel: Second. Councilman Senn: I'll move approval of both preliminary and final. I guess do we need to do these separate or just altogether? Roger Knutson: One's fine. Acting Mayor Mason: 4(a) and 4(b). Councilman Senn: 4(a) and 4(b). Acting Mayor Mason: And the second. Councilman Engel: Second on a and b. Councilman Senn moved, Councilman Engel seconded that the City Council approves the preliminary and final plat (#94-3) of 25.95 acres into 8 single family lots with variances for Olivewood, as shown on the plans stamped April 24, 1998 and subject to the following conditions: 1. A 20 foot front yard setback variance for Lot 1, Block 2. 2. The applicant shall provide the legal description for the vacation of Minnewashta Avenue. 3. Approval of the 50 foot right-of-way for street. The radius of the cul-de-sac shall be 60 feet. 4. A moving and demolition permit for the existing homes as per Building Official's memo dated May 6, 1998. 5. Revise grading plan to include the following:] a) Erosion control measures in accordance with the City's Best Management Practices Handbook. Type III erosion control fence shall be installed along the wetlands and stormwater pond b) Provide boulevard per City's typical street detail along Lots 1 and 2, Block 2. c) Denote temporary stockpile to be removed upon completion of the project. d) The dike along the proposed pond shall be constructed with structural fill material. e) The high point on Tanagers Point shall be relocated from Station 3+00 to Station 1+00 to reduce drainage to Sandpiper Lane. 6. Replacement plantings for the development total 46 trees. The applicant shall submit a planting plant to the city that includes location, species, and size. 7. The applicant shall submit sample tree preservation easement document to the city for review City Council Meeting - June 8, 1998 Tree preservation fencing will be required around all trees to be saved. Fencing shall be installed prior to grading and excavation for homes on each lot. Lowest floor elevations of the homes adjacent to the wetland areas shall be two feet above the wetland's ordinary high water level. 10. Individual detailed grading, drainage, tree removal and erosion control plans will be required for all lots. The plans shall be submitted to the City for review and approval at time of building permit application. 11. The applicant shall pay the appropriate storm water quality and quantity fees or provide storm water management improvements in accordance to the City's Surface Water Management Plan. 12. Storm water calculations for ponding and piping shall be submitted to the City Engineer for review and approval. All storm water ponds shall meet Walker standards. The storm sewer shall be designed for a 1 O-year storm event. 13. All utility and street installation for public improvements shall be in accordance with the City's latest edition of standard specifications and detail plates. Detailed construction plans and specifications shall be submitted to the City at least three weeks prior to final plat consideration for review and formal approval in conjunction with final plat approval. 14. The applicant shall be required to enter into a development contract with the City and provide the necessary financial security to guarantee installation of the public improvements and conditions of final platting. 15. The applicant shall receive and comply with all pertinent agency permits, i.e. Watershed District, DNR, MWCC, MPCA, Minnesota Dept. of Health, etc. 16. Submit street name to Public Safety Department for review prior to final plat approval. 17. Accept full park and trail dedication fees for the Olivewood Subdivision in lieu of parkland dedication and/or trail construction. One-third of the park and trail cash contribution shall be paid contemporaneously with the filing of the subdivision plat. The balance, calculated as follows, shall be paid at the time building permits are issued: rate in effect for residential single family property when a building permit is issued minus the amount previously paid. 18. The City shall establish a No Parking Zone in the cul-de-sac. The cul-de-sac shall be posted and signed as per the Fire Marshal for no parking. 19. Any existing or deferred assessments against the parcel shall be respread over the development on a per lot basis. 20. The existing wells and septic system on the site shall be abandoned in accordance with City and/or State codes. 21. The street construction plans shall include a traffic signage plan. City Council Meeting - June 8, 1998 All voted in favor and the motion carried. Councilman Senn moved, Councilman Engel seconded that the City Council approve Conditional Use Permit #94-2 for the recreational beachlot subject to the following conditions: 1. Receive DNR approval for dock with more than 4 slips and updated DNR permit. 2. Verify water depth and submit the appropriate configuration of dock. 3. The dock shall have a maximum of 8 boat slips. 4. The recreational beachlot shall meet all of the General Issuance Standards of Section 20-232, conditional uses. All voted in favor and the motion carried. Councilman Senn moved, Councilman Engel seconded that the City Council approve Wetland Alteration Permit #94-2 for mitigation of a wetland subject to the following conditions: As per WCA deminimis rules, 812 square feet of the wetland on Tanager Court may be filled in without replacement. The discharge of dredged or fill material into any wetland or water area requires authorization under Section 404 of the Clean Water Act from the Corps of Engineers. 3. The following wetland setbacks shall be maintained: Natural wetland Ag/urban wetland 10'-30' buffer strip and 40 foot structure setback 0-30' buffer strip and 40 foot structure setback All voted in favor and the motion carried. Resolution #98-57: Councilman Senn moved, Councilman Engel seconded to approve a resolution for vacation of Minnewashta Avenue (Vacation #94-2) subject to final plat approval of Olivewood Subdivision. All voted in favor and the motion carried. Councilman Senn moved, Councilman Engel seconded that the City Council approve the construction plans and specifications for Olivewood dated July 8, 1994, revised June 5, 1998, prepared by Schoell & Madson, Inc. and the development contract dated June 8, 1998 conditioned upon the following: The applicant enter into the development contract and supply the City with a cash escrow or letter of credit in the amount of $202,851.00 and pay an administration fee of $20,044.30. The applicant's engineer shall revise the construction plans and specifications per staff's recommendation and submit revised plans to the City on Friday, June 5, 1998. All voted in favor and the motion carried. City Council Meeting - June 8, 1998 APPOINTMENTS TO THE PARK & RECREATION COMMISSION. Acting Mayor Mason: Before I offer up the motion, I would like everyone to know out in camera land, because there aren't too many people here tonight. The group, the people, the applicants were many and they were quite good. I've been on Council, well this is my seventh year and there was a point that it was next to impossible to get people to apply for things and fortunately, lately, we've been getting a lot of applications which certainly I think makes for a better city, and it's nice to see people wanting to participate in the process. The unfortunately thing is when lots of people want to do something, not everyone gets a chance at it. So I hope and I will direct staff, as we always do, to write letters to the people that are accepted, not accepted as well as accepted, expressing our thanks and hoping that just because they did not get appointed to the commission this time, that they will maintain an interest in the city. That quite honestly is what makes a city, or a group better. With that I will move the reappointment of incumbents Fred Berg and Jim Manders to Park and Rec Commission. There is a motion on the floor and a second. Acting Mayor Mason moved, Councilman Berquist seconded that the City Council reappoint Fred Berg and Jim Manders to the Park and Recreation Commission. All voted in favor and the motion carried. COUNCIL PRESENTATIONS: None. ADMINISTRATIVE PRESENTATIONS: Councilman Senn: Just one question if I could. Acting Mayor Mason: Now wait a minute. Wait a minute. Councilman Senn: Two minutes. We've got two minutes. Just a quick question to Don. There wasn't a news alley this week. Don Ashworth: That's correct. Councilman Senn: Okay. I just wanted to make sure. That's all. Don Ashworth: Generally if it's a packet week, we'll try to make sure that... Councilman Senn: Well I just want to make sure I wasn't missing part of it, since I didn't get the whole packet the week before. I thought I might be missing part. I'll move to adjourn just so Mason can set the record. Acting Mayor Mason: Second. Councilman Senn moved, Acting Mayor Mason seconded to adjourn the meeting. The meeting was adjourned at 6:45 p.m. Submitted by Don Ashworth City Manager Prepared by Nann Opheim