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CC Minutes 1999 06 14CHANHASSEN CITY COUNCIL REGULAR MEETING JUNE 14, 1999 Acting Mayor Senn called the meeting to order at 6~40 p.m. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Acting Mayor Senn, Councilman Engel, and Councilman Labatt COUNCIL MEMBERS ABSENT: Mayor Mancino and Councilwoman Jansen STAFF PRESENT: lloger Knutson, Todd Cierhardt, Anita Benson, Kate Aanenson, Cindy Kirchof'f', and Phil Ciravel, Consultant APPROVAL OF AGENDA: Councilman Labatt moved, Councilman Engel seconded to approve the agenda as presented. All voted in favor and the motion carried. PUBLIC ANNOUNCEMENTS: None. CONSENT AGENDA: Councilman Labatt moved, Councilman Engel seconded to approve the following Consent Agenda items pursuant to the City Manager's recommendations: b. Resolution #99-46: Accept Utility Improvements for Lot 5, Block 1, Sun P, idge, Project 97-19. d. Family of' Christ Lutheran Church Addition~ 1) Final Plat Approval 2) Approve Development Contract as amended by staff`, and Plans and Specifications, Project 99- 10. d. Table to June 28, 1999 City Council meeting the Update on Y2K Assessment for Public Works; Authorize Preparation of` Specifications for Needed llepairs. f'. Resolution #99-47: Approve Plans & Specifications; Authorize Advertising for Bids for Lake Drive West Street & Utility Improvements, Project 9g-16. g. Chanhassen Lakes Business Park 7th Addition, Eden Trace Corporation~ 1) Final Plat Approval 2) Approve Development Contract and Construction Plans & Specifications, Project 9g-12. h. Approve Signal Justification lleport; Authorize Preparation of` Plans & Specifications for Temporary Traffic Signal at TH 41 & §2nd Street West, Project 97-1B-3. i. Resolution #99-48: Approve Change Order No. 3, Century Boulevard Street/Utilities (§2nd Street North to Couker Boulevard), Project 97-1A (98-1). City Council Meeting - June 14, 1999 j. Villages on the Ponds 4th Addition, AUSMAR, LLC: 1) Final Plat Approval 2) Approve Addendum C to Development Contract/PUD Agreement k. Villages on the Ponds 5th Addition, AUSMAR, LLC: 1) Final Plat Approval 2) Approve Addendum D to Development Contract/PUD Agreement Approval of Temporary On-Sale Liquor License, Chanhassen Rotary Club, Fourth of July Celebration. Table to the June 28, 1999 City Council meeting the Resolution Exercising Local Levy Option, 2000 Transit Services. n. Approval of Bills. Approval of Minutes: City Council Work Session Minutes dated April 19, 1999 City Council Work Session Minutes dated May 24, 1999 City Council Minutes dated May 24, 1999 Receive Commission Minutes: Planning Commission Minutes dated May 19, 1999 Resolution #99-49: Revocation of Conditional Use Permit, Temporary Sales Trailer, Kerr Companies. Establish Public Hearing for Assignment of Cable TV Franchise from Triax Midwest Associates, L.P. to Mediacom LLC All voted in favor and the motion carried unanimously. VISITOR PRESENTATION: None. PUBLIC HEARING: PROPOSAL TO REALLOCATE 1997-98 URBAN HENNEPIN COUNTY CDBG FUNDS FROM HOUSING/HOME OWNERSHIP TO LAND ACQUISITION. Kate Aanenson: In 1997-98 we were allocated $50,000, a total of $50,000 for... We did not receive money for 1998-99. We had programmed that money for home acquisition.., and the local bank the last couple years to try to make this deal happen. We've had some difficulty in doing that. Last year we programmed out 99-2000 dollars for land acquisition for relocation of homes that we own and also working with Habitat for Humanity. That $50,000 will not go too far in a lot acquisition so working with Hennepin County and the fact that we haven't been able to use that previous year's dollars, that we would recommend and they would support, reallocating 97-98 dollars to land acquisition. There is a resolution attached that we're recommending you approve for reallocation. City Council Meeting - June 14, 1999 Acting Mayor Senn: Any discussion? If not, could I have a motion. Councilman Labatt: Motion to approve. Councilman Engel: Second. Resolution/t99-50: Councilman Labatt moved, Councilman Engel seconded to approve that the 1997-98 CDBG funding of $50,729 be reallocated for land acquisition for affordable housing. All voted in favor and the motion carried. TRAFFIC CONTROL SIGNAGE FOR STRIPING REQUEST EVALUATION ON LAKE LUCY ROAD~ PROJECT 97-5. Anita Benson: As this traffic analysis was done for a four way stop on Lake Lucy Road in response to a petition received from resident in the Woodridge Heights subdivision. And per Council direction. Acting Mayor Senn: Is there anybody here from Lake Lucy Road tonight? Let's see here. We've already had the hearing and stuff on this I believe, correct? Audience: I'm sorry? Acting Mayor Senn: No, I'm just asking Anita a question. Anita Benson: Mark ifI could, I will elaborate a little further on the findings of the traffic study. Acting Mayor Senn: Do you want to go into that first then? Okay. Anita Benson: We did collect traffic volumes for the intersection April 29th through April 30th and did perform a traffic analysis to determine whether a stop sign was warranted at the intersection or not. The results of the traffic analysis indicated that no warrants were met and that indeed a stop sign is not needed at the intersection. The function of a stop sign, just so everyone is aware, is to assign right-of-way at an intersection. It has been shown in many traffic studies to be ineffective to control speed which I believe was one of the concerns of the residents. And since the concerns of the neighborhood are primarily with the speed, the traffic travels on Lake Lucy Road and the safety of the crossing at Manchester Drive taxes the trail on the north side of Lake Lucy Road, I recommended that a double yellow, no passing zone striping be reinstalled along Lake Lucy Road to provide for the 8 foot parking lane which was previously acted on on the south side. Also that a crosswalk be installed on the east side of the intersection of Manchester. Just an update for Council. The striping has been installed for that crosswalk and the signing is in the process of being installed. Also recommend that public safety provide additional enforcement of the 30 mph speed limit on Lake Lucy Road and I guess as a closing comment, it's important to remember that this is a collector roadway. It's function is to carry higher volumes of traffic and as such the installation of a stop sign would be counter productive to it's function in the city's transportation system. Thank you. Acting Mayor Senn: Any questions for staff? Councilman Engel: None. City Council Meeting - June 14, 1999 Acting Mayor Senn: Questions? Would you, you have some comments you'd like to make? Larry Marty: I'm Larry Marty. I'm a resident on Lake Lucy Road, 2117 Lake Lucy Road. In reviewing the data that was collected, first of all I guess the, when I reviewed the information it said Tuesday, April 29th through Thursday, April 30th, which first of all raised a couple of concerns because first of all 29th and 30th is two days and this is indicating that it was Tuesday through Thursday, which I'm confused as to how long the study was actually done. From my college days and taking statistics I understood that you need to get a very serious amount of data before you can even determine a baseline. And two days of data on traffic that varies throughout the day over a week, is not sufficient enough data to make this determination. Also wanted to point out that the 29th and 30th were not Tuesday and Thursday, so the dates are incorrect. I think the data itself, even when we understood about talking about this intersection, was that we might not meet the criteria, whatever that criteria was and now when we saw this we see the criteria. That we might not necessarily meet the criteria. But we think because of several of the other issues, this one deems exception. Our concern is certainly with speed but it's more for the protection of the children in the neighborhood. This neighborhood is new. It's a little over a year old. We have over 55 kids in the neighborhood to date and the neighborhood is not complete. This particular intersection is where the school pick-up is for the school buses. For students, 5 to 15 years of age. The path that exists throughout the neighborhood to go up to the Minnetonka Middle School West is on the north side. Everyone who primarily the majority of the neighborhood is on the southern side of Lake Lucy and therefore would need to cross the road to that path. And I see that there's been a crosswalk put in which we appreciate, but that's really a very small band aid approach to it. It will only indicate where our kids will be hit when the cars come through the intersection in my opinion. The traffic there as posted at 30 mph. The traffic exceeds that quite exceptionally. The fact that it does have double lines.., that it will also encourage traffic to go at a faster pace. The fact that the double lines there are to, really for the intent of to discourage passing scares me a little bit. That anybody would even consider passing in that section of road, especially with or without those lines. I understand that it is a collector road and that the volume of that road will be higher. We understood that when we purchased our home. But this is one stop sign where it is an intersection. This is the highest point of that road coming from either direction, from the east or the west. The visibility is limited because of the height of the road and coming from the east to the west, you're approaching from a curve. And from the east, the elevation so it's a very poor visibility for children that might be in the crosswalk or crossing it there. A lot of the information that was in here talks about the inconvenience of a stop sign. What I guess I'm trying to look at is not the inconvenience of stopping of traffic once between Galpin and Highway 41. It's not like there will be a series of stop signs through there. It will be a way to protect the children and keep them much safer. The chance of people, as it states in here about being inconvenienced and people not respecting the stop sign, I disagree with. People may roll through stop signs. People do that all the time but I would rather have a chance of a child potentially being hit by a car rolling through a stop sign than a car speeding at 35 or 40 mph as we commonly see through our neighborhood. All of this together talks about the data and I guess I want to get outside the data. This is a collector road. We know traffic over the years, and as this development grows, will continue to get higher. So that's the reason you want to put the stop sign in now so that you don't deal with the issue down the road or we don't have to come back or we don't have to potentially even deal with the death or an injury, a serious injury of an individual or child. We've seen, with all the data here, we've seen the data put down but we haven't seen enough data collected. If you want to go by data, we haven't seen data collected. It's in the morning. It's 7:00 to 9:00 a.m. It's 3:00 to 6:00 p.m. is when the heavy times are. And on Saturdays. Saturdays are an extreme amount of traffic. There are a lot of parents that rush their kids up to the Middle School because they're late for soccer practice. They're late for cross country. They're late for golf so they're rushing up there. They know that. They understand that. They wouldn't certainly be inconvenienced to the point of dealing with a stop sign. I guess my last point is the fact that we City Council Meeting - June 14, 1999 also look at the speed and to my knowledge that there's been no speed tests or measurements done. We do occasionally see a patrol car through the neighborhood which we're appreciative for. We'd like to see more of it. We had requested that the county put out that trailer that measures speed in the neighborhood. And I understand there's only one of those trailers for Carver County so getting it was difficult, and it may not have been able to be obtained in the time frame but we were told that if that wasn't possible, that a squad car would be there to measure speeds, which to our knowledge has never happened. And we think that that would also give us a little bit more data to be able to better determine whether this is happening. But again, like I say today, double lines, crosswalks, even reducing the speed to 25 mph on that stretch of road which I don't think will make a difference because people will still continue to exceed it, the best thing that we can do is to put in one set of stop signs there. It will be a very minor inconvenience to the traffic itself and could be much more substantial to the City and to the safety of the individuals that would be impacted by it. Thank you. Acting Mayor Senn: Thank you. Anybody else? Bring it back to council then. Any questions or comments? Councilman Engel: I personally wouldn't mind seeing.., study that showed the actual speed and volumes of the cars on the east/west route on this road. I mean I see they've talked about, having gone through it and said it didn't meet the minimum criteria. And I don't really see the results of the study. I see they're well in excess of the 500 cars per hour on the east/west leg but not on the north/south. But the speed itself, I had questions on what it actually is. Going east/west. Anita Benson: Mark ifI could. The 500 cars, the counts that you see there are per day counts. So that's a 24 hour count so you divide that number by 24 and you'll get your hourly. But really there are peak traffic volumes in the morning and the evening. Councilman Engel: Per day versus per hour. I'm missing that per hour, okay. Councilman Labatt: Did the study or survey, did it show the hourly, like 6:00 and 7:00 in the morning, how many vehicles? Did they break it down? Councilman Engel: Yeah, so you know right at rush hour, 7:00 to 8:00 and then 5:00 to 6:00. Anita Benson: We can do that. Councilman Engel: That'd be nice to know because I know it's going to be nil during the day, I mean pretty obviously. What is it at rush hour? How many people are zipping from the east side to the west? Using that thing. Like a thoroughfare. I'm sure it's a few. I just don't know if it reaches this level. I know it's not going to reach it at 1:00. Acting Mayor Senn: What's the designation of Lake Lucy Road? Is that a? Anita Benson: It is a Class I collector and it is a municipal state aid route. Acting Mayor Senn: Okay, so being municipal state aid, for us to do any stop signs or anything like that requires what? City Council Meeting - June 14, 1999 Anita Benson: I have left a message for our state aid people. However, I did not get a return call on it yet. But this is the Minnesota Manual on Traffic, Uniform Traffic Control Devices is put out by MnDOT. It's a federal highway document that's modified specifically for Minnesota and that's the criteria and standards that we utilize when we're constructing a new project. Councilman Engel: That's right, if it's a state aid road we're limited in what we can do on that, aren't we? Acting Mayor Senn: ... want to put a stop there, can we without their approval? Councilman Engel: That's what I was wondering. I don't think so. Anita Benson: What's what my question was to them. If we were installing, if this is a new construction project, they would not allow it. Acting Mayor Senn: Right, but as an existing one. Anita Benson: That I do not have an answer for. Acting Mayor Senn: As far as the crosswalk you're suggesting. How was that intended to be signed? Just crosswalk or? Anita Benson: No, our standard crosswalk sign which also we do have a supplemental sign that informs people of a relatively new law that requires all vehicles to stop for pedestrians in the crosswalk. There's a supplementary sign plaque that we include on those now. Acting Mayor Senn: So we finally beefed that one up huh? Anita Benson: Correct. I believe there's a $4,000 fine for violating that, that has not been as well publicized. I think if there was a public information campaign out of the public safety department, could probably help. Councilman Engel: How about a sign that says it? Acting Mayor Senn: I mean could that be part of the signage? I mean you know, vehicles must yield to pedestrian traffic, you know $4,000 fine or something or is that not part of it? Councilman Engel: Is that too wordy? Anita Benson: It is a regulatory sign and you're limited on what you can put on that. Maybe on a temporary basis they could be. Councilman Engel: It should say, if you can't read this sign, you're liable for a $4,000 fine, right? Acting Mayor Senn: Well what does council then, do you want to table this until we can get some speed studies back from public safety and also get additional information on the breakdowns as I was hearing for. Councilman Engel: That would be important if we could even do anything. First thing I think we've got to find out is the first point is I'd like to hear back from the State because we may be. City Council Meeting - June 14, 1999 Acting Mayor Senn: Councilman Engel: Acting Mayor Senn: Councilman Engel: Bound anyway. We may be really bound here. Which would not surprise me. Okay, could I have a motion? I think he raised his hand. He wants to make another. Larry Marty: I just have one question. Why wasn't that the first thing addressed? Councilman Engel: Can you go back up there so you get in the minutes? They don't collect that if you don't go into the microphone. Larry Marty: I guess to me that's the first question that should have been done. Acting Mayor Senn: Well it sounds like she was trying to do it but she didn't get a return call so, understand. Larry Marty: ... first question should be asked, is this even a possibility. We did a study. We wasted time, dollars and your time tonight. My point is, let's get the answer to that question right away and get back to us so that we can you know really address this or say nothing we can do. That would have helped us even understand it from the get go. Acting Mayor Senn: Don't get me wrong okay, but I mean the study and the data is, doesn't go unnecessarily even if we are told that we can't put a stop sign there. It gives us data we need to go back and negotiate with them in terms of possibly other improvements. If they have effectively the control over a stop sign, they also have control over every one of the other features that Anita has suggested that we go ahead and implement here, okay which means they could say no on those too. But so the more data you have and the more information you know allows us basically to go back and talk with them and negotiate with them and see what we can get out of them so I wouldn't look at it as being a waste of our time. Larry Marty: Okay. Acting Mayor Senn: And one other thing, some of us, and I've been a long standing critic of this. I don't agree with the Manual, okay. But that doesn't necessarily mean that we have effectively control over it. Larry Marty: Understood. Acting Mayor Senn: Okay, so sometimes whether we like it or not we're stuck with going with it but it doesn't mean we have to agree with it. Larry Marty: So noted. Acting Mayor Senn: Can I have a motion to table then? Councilman Engel: Motion to table. City Council Meeting - June 14, 1999 Acting Mayor Senn: Is there a second? Councilman Labatt: Second. Councilman Engel moved, Councilman Labatt seconded to table action on the traffic control signage and striping request for Lake Lucy Road. All voted in favor and the motion carried. Senn: Alrighty, tabled to the 28th, right? And we should have no problem getting the info Acting Mayor back by then? Anita Benson: I would hope not. Acting Mayor Senn: Alright. There's no time frame we're on there on that anyway is there? There's no time frame we have to act on or anything? Anita Benson: No. REQUEST FOR SITE PLAN REVIEW FOR A 19,490 SQ. FT. OFFICE/WAREHOUSE BUILDING TO BE LOCATED ON LOT 3, BLOCK 1, CHANHASSEN BUSINESS CENTER 3lm ADDITION; ON PROPERTY ZONED PUD PLANNED UNIT DEVELOPMENT; LOCATED ON LAKE DRIVE WEST, DOVER BUILDING D. GREIG SHEPHARD. Cindy Kirchoff: Thank you. This item was reviewed on the May 19th Planning Commission meeting and it was approved at that meeting by unanimous vote. Overall the site plan did receive complimentary remarks. However, there was a concern raised over the location and the screening of the trash enclosure. Staff does believe that the trash enclosure is located appropriately on the site. In response to the concern about the screening of the trash enclosure, the applicant has revised the buffering. Added a tree and clustered the proposed spruce trees on the site and also slightly elevated the earth berm around the area as to screen it from the adjacent residential. The building exterior has been changed slightly. The original proposal did call for dormers on the roof of the building. The proposal that's in front of you tonight has three chimneys so the dormers have been removed from the building and replaced with the three chimneys. Staff does not have an issue with this. It is still an attractive addition to the industrial park. It does comply with the zoning ordinance requirements and the PUD for the Chanhassen Business Park and therefore staff does recommend approval with the conditions that are outlined in the staff report. Thank you. Acting Mayor Senn: Thank you. Any questions from council? Any questions from anyone in the audience? Kris Dahl: My name is Kris Dahl. I live on 1774 Valley Ridge Trail. My house is probably about six houses west of the proposed project. I will be able to see this building in the winter time when the trees lose their leaves. There's no doubt about it. These plans that you see here show what the building is going to look like and they showed what it's going to probably look like in the winter time, but when you look out our back window you're going to see this building sitting there. I met with the Mayor, she did not, unfortunately she's not here to comment on some of my issues but I have some pictures and I don't know if this shows the true reality. Acting Mayor Senn: Yeah, it'd probably be best if you'd hand them. City Council Meeting - June 14, 1999 Kris Dahl: I have some descriptions behind it that kind of say here you're walking down...the City of Chanhassen planners have done in the past. They've got residential housing, trees along one side of the bunker to hide the commercial buildings. And on the other side you've got residential buildings that are also hid by trees. Also along that trail, just down the road just a little bit further you see. Acting Mayor Senn: I tell you what, do you guys want to see them? If not, why don't you just bring them up here and there's only three of us here so we can kind of look at them collectively as you. Kris Dahl: Can you get my voice up there? Acting Mayor Senn: No, what I'm saying is could you, I assume you know what's on the back by heart? Kris Dahl: Yes. Acting Mayor Senn: Okay, why don't you just give me all the pictures. Kris Dahl: Well I don't know them by heart. Acting Mayor Senn: Oh, okay. Alright. Kris Dahl: I'm just a CPA. I know numbers. That is down the trail a little further that says wildlife sanctuary and when I moved into this house a little over a year ago, that was probably one of the key points that I thought that this land was land that could not be developed. When I talked to other residents, they were appalled at them potentially building a house on this area. I've got another picture here that's a little further down the trail. Show where the building is going to be placed. And if you can see in that picture, that's where the building's going to be placed and if you see, there's a little red sign. Well that's the park. That's the city park. So as you come down the berm, around the comer, there's a bunker they put there on the right, and it's put there intentionally by the prior Planning Commission to tell the people that are going to be potentionally developing this area, that that bunker's got to remain. In normal city works where you have residential, then you've got apartments, duplexes, and then you've got commercial. In this area you don't have that buffer, that's why you need that extra area. You need the extra area because you don't have the rental apartments in between the residential and commercial area. From that picture I just gave you, here's a picture from above the hill as you're looking down towards the residential area. And a picture's worth a thousand words. Who's ever house that is, and there's Bob over here who I don't have a picture of his house. If I'm down a little further, he can see where the building's going to be. He's going to be staring right at a dumpster that's proposed to be there. They say that it's going to be hidden and all that, but I'd like to see what.., the pictures here just kind of show on top of the hill looking down at the wildlife scenery trail. See off to the right here, that is the park. The park sign. It shows how close that that building's going to be to the park. And I'd like to say, I sent a letter to the Mayor. I haven't got any real response. Talked to her. The bunker and wooded fence on the north side of the city trail which hides the commercial buildings and natural tree line on the south side, and the trees on the north side, or the south side, which hides the residential houses, keep the wildlife sanctuary and the parkland trail intact. That's the way I'd like to keep it. I moved into Chanhassen and that was one of the key factors. That trail there was a selling point. That attracts people to this area. I challenge that the City Council, if they make a move on this project, to go take a walk down the trail and see what it's actually going to do. I challenged the prior Planning Commission and nobody took me up on that. I sent them all letters and no response. The prior Planning Commission, they had the foresight to build that bunker there for a reason. And the reason is, we've got to keep the commercial away from the residential area and you need that natural buffer. Natural City Council Meeting - June 14, 1999 trails are an integral part of our city. They are extremely important attracting people to move into Chanhassen. Please take a walk down the trail, but the one thing I want to make sure if you're up there, be careful because there is 15 foot holes up there that were dug that are probably about a foot width and I took a picture here that had been up there for a month. And my little dog is you know a fairly nice sized dog and I've got a picture of her right next to it. And if you look at the hole you'll see that this is is a potential problem that somebody just never covered up these holes. And my question is for the City Council. Has anybody walked down that trail? Have you ever walked down the trail? Acting Mayor Senn: Been on the trail before. Councilman Engel: I live there, I bike it. Kris Dahl: You do? Do you enjoy the scenery when you're going down? Councilman Engel: Enjoy them all. Kris Dahl: Yeah. Do you see the red tail hawks in the woods and all that just a little bit further? Councilman Engel: Saw a cardinal. Kris Dahl: Yeah, okay. And there are throned owls too. And last picture here shows the, once you get into the park, just down just a little bit further you see a big oak forest that it's extremely well populated with wild animals and this is kind of a wildlife sanctuary. Kind of what I'd like to keep it that way. I guess Pillsbury planted some trees on the west of this trail and it shows Pillsbury's commitment to keep wildlife areas and parklands parkland and keep commercial buildings away from parkland areas. I'm all for the development in Chanhassen. But lastly I'd like to say that if you're going to build it, hide it. It's not something that I don't think residents like to be walking down a park trail and be staring at by the two story glass commercial building and thank you very much for your time. Acting Mayor Senn: Thank you. Any questions? Councilman Engel: Not right now. Acting Mayor Senn: Okay. Kate, any comments based on? Kate Aanenson: ... Mr. Dahl at the Planning Commission there was an EAW. I'm delighted to hear that there's all that wildlife there once we put the industrial in. That shows us that we're working well. Pillsbury cooperated with us on Arbor Day and did a wonderful job planting. There was an article in the paper. That was a city project, the Arbor Day, which Pillsbury cooperated with. Again, showing the public/private partnership there. We do have the wildlife. That's moving up and down as part of the Bluff Creek watershed. So that kind of ties into where Pillsbury is as far as Bluff Creek. Some of the projects that we're doing there. The Planning Commission felt that, ifI can quote in their minutes, this is as good as it gets. It's never our intention to completely screen these buildings. Our protection ordinance allows for residents to also buffer. We've got numerous situations in this city where industrial is abutting residential. You're going to see three more in just a few minutes up against Lake Susan Hills where the neighbors will see part of the buildings. It's not an uncommon situation in Chanhassen. We've found it works really well. The trails are very well received and again the Planning Commission thought it was a nice looking building. We did pull all the documents again for Mr. Dahl to come look at. Unfortunately he 10 City Council Meeting - June 14, 1999 didn't, we did pass out the letter that he did send to the Mayor and gave you comments. And provide an opportunity for him to comment. Understand how we put that trail in and it was also to be used by the residents of that industrial park, but we felt that this was an office use. It works well. The Post Office, the City put that up there based on a lot of issues. A fence and the landscaping at the City's cost but it was never our intent to do 100% screening. It's just not going to happen. Again, the situation occurs throughout the city so. Acting Mayor Senn: How long has that land been guided or zoned commercial? Kate Aanenson: The property was approved in 1992. The Chan Business Center. It's been guided commercial under the 1991 Comprehensive Plan I believe. Acting Mayor Senn: And as far as the, from looking at this and evaluating it, I mean this seems to be pretty much kind of the lesser of all. Kate Aanenson: That's how we felt. It's an office. Acting Mayor Senn: I mean the office is probably the least. Kate Aanenson: As far as delivery trucks and that sort of thing, right. That's what we felt. That's what the Planning Commission felt too. It's a good use at the end there. Acting Mayor Senn: Is there anybody else to be heard on this? Bob Beduhn: Hello, my name is Bob Beduhn. I live at 1798 Valley Ridge Trail North. I'm one of the residents that will be looking at the facility. And I was at the last Planning Commission meeting and I guess I wanted to correct the record or ask that the record be corrected on the statement made by the planning staff regarding concern about screening the trash buffer. I clearly stated, and I believe if you still have the tape you'll hear that I asked about the trash and that the comer also be soften. The comer of the building that I'll be looking at. And right as they were closing the resolution I even stopped the Chairman of the Planning Commission and clarified that point. Just so that there were two points to my concern to be addressed with both the screening of the trash receptacle and the softening of that comer. I was faxed a landscape plan by the architect for the project and I've modified that with what I believe is a reasonable redesign of that screening to kind of soften that comer. I'm also a registered professional engineer in the State of Minnesota so I'm confident to work on a grading plan like this, just so you have that background. IfI could put that on the table. My house sits essentially, well kind of off in this part of the house and then looks straight into where the comer of this building would be. There's a red flag there right now where the comer of this building is going to be. In the current plan they show, basically they leave a little berm at... post office berm. The first plan shows just leaving the top part and then grading it down to the comer of the building and it tapers off...this row of pine trees right here. In this comer of the building... I think that's the objection that my neighbor has regarding the project is that essentially this building will be hanging right off the edge of the hill and wrap all the way around. And so that's the concern about, when you come down the trail, and I think with some minor earth work you could extend the, wrap this berm around to avoid all the existing trees and there's an, I believe there is an excess of dirt on the site. And that it would be easy to just grade the berm and kind of soften this comer and transition from kind of the post office where you've got the fence and the berm and it steepens up... with some cottonwood trees and then works it... pocket of trees and then you can work the trees down the side of the slope there. And I talked to the architect today about that and they had some just general concerns about maybe some drainage around 11 City Council Meeting - June 14, 1999 their building but that would be pretty minor work. I faxed this to Kate's attention this afternoon as well. And so that's my main point is to ask that they consider and put that extra grading in. It usually costs about $4.00 a yard to grade dirt and it costs $10.00 a yard usually to haul it off site and dispose of it and if there is an excess of dirt on this site, which I believe there is since they're taking out the entire existing dirt on the site, that this would be a cost to benefit for the developer and would I think address some of the concerns about screening the building. Just one comment about Kate's response. All the landscaping at the post office site is not in. I haven't seen a schedule yet as far as when all the other trees and shrubbery we were promised was going to be in so I appreciate the fence but all the landscaping is not in on that site yet. So that's probably my neighbor's nervousness about taking the city at face value on that, so just wanted to make that noted. Thank you. Acting Mayor Senn: Okay, thank you. Is there anybody else here? Kris Dahl: One more last statement. I wonder does, I never got to see the Environmental Impact Statement. Has it been revised for the removal of the bunker and hills? Kate Aanenson: That's a stockpile. It was never intended. Kris Dahl: But the drainage goes into a natural wetland which is the DNR. Kate Aanenson: That was all approved. The ultimate grading plan matches the Environment Assessment. Kris Dahl: But the problem is is that the residential people in the area don't know really what's going on with this project. They're kept out in the cold. They've got other things to do. We're the ones that keep them advised of what's kind of going on. I recommend that this be tabled until the conditions are fully explained to the residents or, I'm still left out on kind of what's going to be done with the bunker or the trash compactor or the hill. City of Chanhassen promised to put some trees in the hills on the bunker and that's never been done so I just want to see something in writing and I vote for that this be tabled until another day. Acting Mayor Senn: Thank you. Councilman Labatt: ... Kate Aanenson: It's consistent. The only comments we've received are from the two gentlemen that spoke tonight. Mr. Beduhn's property isn't abutting. Again our landscape ordinance requires that the homeowner's also responsible for some of the buffering. 75% is on this. This plan is consistent with the EAW and meets all the standards of the zoning ordinance, the PUD and site plan. Acting Mayor Senn: Meet all the ordinances. Kate Aanenson: Right. We can certainly work with the applicant if they want to massage some of that grading but we are concerned about the drainage in that area too. We have ordered the landscaping for the site. There was a funding issue but Todd Gerhardt, the Assistant City Manager does have that available. We have worked with Wilson's to get that ordered. It should be happening any day now. Acting Mayor Senn: Yes sir. 12 City Council Meeting - June 14, 1999 Rich Keeman: Hi, my name is Rich Keeman with KM Building Company and I'm here representing Greig Shephard with Dover Group. He's the developer. Along with me with Beth Stosser. She's here with Charles Radloff Architects. I just want to make a couple comments in regard to the landscape items in regard to the trash area. The items that we just did take a look at these things that Bob had sent over and what he's proposing here in regard to some modifications, we see, the first time I've had a chance to take a look at it. I see no problem making the modifications and massaging this area through here. We would obviously consult with our engineer, Rader and Associates and sit down with them and make, I don't see any problem making those.., modifications. In regard to the general comments about the building. Mr. Shephard has taken I think really good steps in regard to try.., very attractive, transitional type of building into this area with the trussed roof and so forth and the shingled roof and actually trying to keep it a low profile building. We appreciate the work that staff has done with the project and we're just here to answer any questions that you may have. Thank you. Acting Mayor Senn: Well, okay one more. Couple minutes, okay? Something new. Bob Beduhn: ... Kate's comment about screening is I have planted pine trees. I own a very small little sliver of a top of a hill that I can plant one pine tree on and I planted a pine tree there. That's the extent to which I can buffer. The area that I overlook that looks in the building is my neighbor's garden and they are not going to be planting a bunch of trees to buffer. I don't have control of that property and so I've done what I can but I only own about maybe a 10 x 10 area on top of the hill to do any screening on. Because my house, my yard's kind of a valley so that's my only point and I just ask, I'll work with these people and if you make your order contingent upon softening that comer, I'd be happy. Thank you. Acting Mayor Senn: Just as a point of clarification. Kate's point really was though that these people have met our requirements under the codes and ordinances for screening and landscaping which means we can't force them to go beyond that basically, okay. Her point wasn't that you could or couldn't and stuff so I mean that makes a difference. That's why we have the ordinances. Any more comments or motion or? Councilman Labatt: Go ahead. Well I think office has a slight impact on... First impression of the building when I saw it was I thought it was a golf course country club.., add a fifteenth amendment to the building thing that the applicant and staff... Acting Mayor Senn: And the applicant and staff... Councilman Engel: Basically we added where I would have gone which was soften that comer which is what they're asking for and the applicant has indicated they're willing to do. My concern with this in this area, we went through a long process with the post office. This is not as severe a use as has been pointed out that you have with a high traffic volume user, which is a manufacturing facility or delivery distribution facility. In that regard it is... It's awful hard to just want everything, to control all the developments around us and we don't any more than the applicant does or than abutting property owners do. It's hard to find I think a perfect match for everybody. So I want to go along with this but I'd like to see them work with you to get a little more buffering on that comer, recognizing that they're already meeting all of the ordinance requirements and we are going to improve, and already agreed upon plantings on the postal site. We talked about this a lot when we were doing the postal building and that was, there was fear we were opening sort of a Pandora's Box by trying to get all we could at that postal site and we just can't do it at every turn. There's too much undeveloped land in Chanhassen that's going to be abutting every neighborhood, and mine is one of them. And I recognize that. There's a limit of city resources that we can put into this and there's a limit of control that we can exert on development. And the ordinances primarily 13 City Council Meeting - June 14, 1999 spell that out. So I think we've done a good job on ordinances and when we've had some impasses, people have worked with the developer. I'd like to see that continue. Acting Mayor Senn: Could I have a motion then please. Councilman Engel: He had the condition, go ahead and give it. Councilman Labatt: I make a motion that we approve the site plan #99-7 for the Dover Building as shown on the plans dated received June 7, 1999, subject to the following conditions and those are spelled out 1 through 14 in the staff report. And with the addition of number 15 that the applicant and staff work together to better buffer the southeast comer, especially in the area of the trash collection. Acting Mayor Senn: Okay, is there a second? Councilman Engel: I'll second that. Councilman Labatt moved, Councilman Engel seconded to approve Site Plan/t99-7 for the Dover Building as shown on the plans dated received June 7, 1999, and subject to the following conditions: 1. The applicant shall demonstrate that the eight foot decorative light fixtures meet the 90 degree cut-off as required by ordinance. 2. The lighting plan shall show all existing light fixtures that may impact the site. 3. The sign plan must be revised to delete the external illumination for the monument sign. 4. All roof and ground mounted equipment shall be screened from view. 5. Staff and the applicant shall work together in resolving the following storm sewer modifications: a. Extend a catch basin southerly along the west curb line to the northeasterly comer of the parking lot. b. Redesign the storm sewer system from the underground garage drive aisle to the west. Include a 3 foot sump catch basin with catch basin No. 4. c. Erosion control fencing (Type I) will be required after the storm sewer has been installed west of the building. 6. The applicant shall provide landscaping screening in lieu of the 6 to 8 foot high earth berm along the southerly portion of the building to provide screening/buffering from the neighbors in Bluff Creek Estates. 7. The applicant will need to supply the city with detailed storm sewer calculations for review and approval prior to issuance of a building permit. 8. The applicant will need to apply for and obtain a grading permit through the Riley-Purgatory-Bluff Creek Watershed District. All areas disturbed as a result of construction activities shall be 14 City Council Meeting - June 14, 1999 immediately restored with seed and disc-mulched or wood-fiber blanket or sod within two weeks of completion of grading activities in accordance with the City Best Management Practice Handbook. All slopes steeper than 3:1 shall be restored with erosion control blanket. The city's boulevard area along Lake Drive West shall be sodded. The applicant shall escrow with the city $2,500 to guarantee boulevard restoration and installation of the driveway apron. 10. Plumbing permits will be required by the City's Building Department for extension of the utilities through the site. 11. The Building Official requires that with 74 parking spaces provided, 3 must be handicapped accessible. One must be located in the parking garage. 12. Fire Marshal conditions: a. The owner must comply with the Chanhassen Fire Department Policy premise identification. Fire Prevention Policy #29-1992. Copy enclosed. A 10 foot clear space must be maintained around fire hydrants, i.e. street lamps, trees, bushes, shrubs, NSP, US West, Cable TV and transformer boxes to ensure that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance 9-1. c. Submit radius mm dimensions to City Engineer and Fire Marshal for review and approval. Pursuant to 902.2.2.3, 1997 Uniform Fire Code. Fire lane signage and yellow curbing will be determined by the Chanhassen Fire Marshal. Contact the Fire Marshal for the exact location of fire lane signs and curbing to be painted yellow. Pursuant to Section 904-1 Uniform Fire Code. e. Submit size of address numbers to be included on monument sign to Fire Marshal for review and approval. Comply with Chanhassen Fire Department Policy regarding fire department notes to be included on all site plans. Pursuant to Chanhassen Fire Department/Fire Prevention Policy 04-1991. Copy enclosed. g. Comply with Chanhassen Fire Department Policy regarding premise identification. Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #29-1992. Copy enclosed. 13. All signage shall require a separate permit. A monument sign shall be limited to eighty (80) square feet in sign display area and eight (8) feet in height. 14. The applicant shall pay two-thirds of the park fees at the time of building permit. 15. The applicant and the staff work together to buffer the southeast comer of the building, especially in the area of the trash enclosure. 15 City Council Meeting - June 14, 1999 All voted in favor and the motion carried unanimously. REQUEST FOR SITE PLAN REVIEW FOR TWO 19~632 SQ. FT. OFFICE/WAREHOUSE BUILDINGS TO BE LOCATED ON LOTS 1 AND 2~ BLOCK 1~ CHANHASSEN LAKES BUSINESS PARK 7TM ADDITION; LOCATED ON LAKE DRIVE WEST; MONK PROPERTIES, EDEN TRACE CORPORATION. Kate Aanenson: Thank you. Make this a short staff report. This is part of the Chan Lakes Business Park 7th Addition, which you recently approved final plat tonight and you've also ordered the road improvement project. One of the issues that the staff did have on approving these site plans is contingent upon access to the property. I believe we've worked out a way for some of the site plans to go forward because we do have to have hard surface coverage in order to make sure that we can get emergency vehicles to the site. This first project is at the end of Lake Susan Hills, Bittern Court, and it consists of two buildings. I've shown the materials here. It's well conceived buildings. Screening the loading docks and we believe the plan is well designed. It's consistent with city ordinances. Staff is recommending approval with the conditions in the staff report and I'd be happy to answer any questions you may have. Acting Mayor Senn: Any questions at this point? From Council? Councilman Engel: No. Acting Mayor Senn: Is there anybody here who would like to be heard or comment on this matter? If not, I'll bring it back to Council for a motion for discussion. Councilman Engel: Move approval. Acting Mayor Senn: Move approval by Councilman Engel. Is there a second? Councilman Labatt: I'll second it. Councilman Engel moved, Councilman Labatt seconded to approve Site Plan #99-4 for two office warehouse buildings with an area of 19,632 square feet each, to be located on Lot 1 and 2, Block 1, Chanhassen Lakes Business Park 7th Addition as shown on the plans dated April 16, 1999, revised June 4, 1999, subject to the following conditions: 1. The applicant shall increase plantings for buffer yard areas in order to meet ordinance requirements. The parking setback along Lake Drive West shall be 30 feet. Within the 30 foot setback, the applicant will be required to provide a 3 to 4 foot meandering berm. The berm shall be extended along Audubon Road to maximize screening of the parking lot. Full park and trail dedication fees shall be paid for Chanhassen Lakes Business Park 7th Addition in accordance with ordinance requirements. One ground low profile business sign is permitted per lot. The area of the sign may not exceed 80 square feet and a height of 8 feet. Also, one wall mounted sign per business shall be permitted per street frontage. The total display area shall not exceed 15% of the total area of the building wall 16 City Council Meeting - June 14, 1999 upon which the signs are mounted. No sign may exceed 90 square feet. following criteria: All signage must meet the a. All businesses shall share 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 than 2 street frontages. 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 of the site. g. Back-lit individual letter signs are permitted. h. Only the name and logo of the business occupying the unit will be permitted on the sign. i. 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 building permit. The applicant shall meet with the Building Department to discuss commercial building permit requirements. The applicant shall provide 5 accessible parking spaces. The location of these spaces must be dispersed among all the accessible building entrances. Fire Marshal conditions: a) b) c) d) Additional fire hydrants will be required. Contact Chanhassen Fire Marshal for exact number and location. A 10 foot clear space must be maintained around fire hydrants, i.e., street lamps, trees, bushes, shrubs, NSP, US West, Cable TV and transformer boxes to ensure that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance 9-1. Submit radius mm dimensions to City Engineer and Fire Marshal for review and approval. Pursuant to 902.2.2.3, 1997 Uniform Fire Code. Contact Chanhassen Fire Marshal for exact location of fire lane signs and curbing to be painted yellow. Pursuant to Section 904.1, 1997 Uniform Fire Code. 17 City Council Meeting - June 14, 1999 e) Install and indicate on plans the location of the PIV (Post Indicator Valve). Contact Chanhassen Fire Marshal for exact location. Comply with Chanhassen Fire Department Policy regarding fire department notes to be included on all site plans. Pursuant to Chanhassen Fire Department/Fire Prevention Policy 04-1991. Copy enclosed. g) Comply with Chanhassen Fire Department Policy regarding premise identification. Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #29-1992. Copy enclosed. The applicant shall provide details on the decorative elements along the upper portion of both buildings. Details shall include materials and application. A lighting plan shall be submitted to the city. Only shielded fixtures are allowed as required by ordinance. A detailed lighting plan should be submitted prior to city council review. Street lights consistent with Lake Drive East and West will be at 200 feet intervals, staggered from one side to the other. 10. The site plan fails to show the trash enclosure location. The dumpsters must be screened by a wing-wall and doors with siding and trim to match the building. Current state statutes require that recycling space be provided for all new buildings. The area of the recycling space must be dedicated at the rate specified in Minnesota State Building Code (MSBC) 1300.4700 Subp. 5. The applicant should demonstrate the required area will be provided in addition to the space required for other solid waste collection space. Recycling space and other solid waste collection space should be contained within the same enclosure. 11. Rooftop equipment and ground mounted mechanical equipment are not shown on the plans. All equipment must be screened from views. 12. The 30 future parking spaces shown along the northern portion of the site shall be eliminated. 13. The applicant shall enter into a site plan contract with the city and provide the necessary financial securities as required for landscaping. 14. Final grading shall incorporate berming along Lake Drive West and Audubon Road outside of the city's right-of-way. 15. The applicant shall work with staff in revising curb radii on the plans to accommodate fire apparatus vehicles. 15. A cross-access agreement for parking and utilities purposes which also addresses maintenance responsibilities and scheduling shall be prepared by the applicant and recorded against the benefited lots (1, 2 and 3, Block 1). In addition, a cross-access agreement for driveway purposes shall be granted to the parcel north of the site (Stockdale) over Lots 2 and 3, Block 1 to gain access to Lake Drive West. 18 City Council Meeting - June 14, 1999 16. Detailed storm drainage calculations for a 1 O-year, 24-hour storm event shall be submitted to the city for review and approval prior to issuance of a building permit. 17. Installation of the public utilities throughout the site will require building permits through the City's Building Department. 18. The proposed driveway access onto Lake Drive West shall incorporate an industrial driveway apron and pedestrian ramps in accordance with the city details and pedestrian ramps. 19. The applicant will need to provide financial security in the amount of $2,500 to guarantee installation of the driveway aprons, boulevard restoration, and erosion control measures. Security may be in the form of a letter of credit or cash escrow which will be returned upon satisfactorily completing the project. 20. All areas disturbed as a result of construction activities shall be immediately restored with seed and disc mulch or wood fiber blanket or sod in accordance with the approved plans within two weeks the completion of each activity in accordance with the City's Best Management Practice Handbook. 21. All utility street improvements shall be construction in accordance with the city's latest edition of Standard Specifications and Detail Plates. The plans shall be revised to provide individual sewer services to each lot from the property line and lower driveway grade at entrance off Lake Drive West to 4.0% or less. 22. All private streets/driveways shall be constructed to support a minimum of 7-ton per axle design weight in accordance with City Code 20-1118. 23. The applicant shall apply for and obtain permits from the appropriate regulatory agency, i.e. Watershed District. 24. No berming is permitted within the city's right-of-way. Landscaping improvements may be permitted subject to staff review and approval. 25. Site plan approval shall be contingent upon final platting of Chanhassen Lakes Business Park 7th Addition. 26. The lowest floor or opening elevation of the building shall be a minimum of two feet above the flood elevation, the adjacent wetland or stormwater ponding area." All voted in favor and the motion carried unanimously. REQUEST FOR SITE PLAN REVIEW FOR A 48,565 SQ. FT. OFFICE/WAREHOUSE BUILDING TO BE LOCATED ON LOT 4, BLOCK 1, CHANHASSEN LAKES BUSINESS PARK 7TM ADDITION, LOCATED ON LAKE DRIVE WEST, CHAN LAKES PARTNERSHIP LLP, EDEN TRACE CORPORATION. Kate Aanenson: Thank you. This one, the site plan is at the end of Swan Court. One larger building, screening of the loading dock. This site plan, similarly with the other one, we had some modifications that required additional setbacks. Those changes have been made. This site plan is consistent with the zoning 19 City Council Meeting - June 14, 1999 ordinance and meets all the requirements. Staff is recommending approval with the conditions in the staff report. Planning Commission also did recommend approval.., on their May 19th Planning Commission meeting. Acting Mayor Senn: Any questions for staff? Okay, is there anybody here to be heard on this matter? No comments? Return to council for a motion then. Councilman Engel: Move approval. Councilman Labatt: Second. Councilman Engel moved, Councilman Labatt seconded to Site Plan #99-5 for a 48,565 square foot office warehouse building to be located on Lot 3, Block 1, Chanhassen Lakes Business Park 7th Addition, as shown on the plans dated April 6, 1999 and revised June 4, 1999, subject to the following conditions: The applicant shall increase plantings for buffer yard areas in order to meet ordinance requirements. The parking setback along Lake Drive West shall be increased to 30 feet. Within the 30 foot setback, the applicant will be required to provide a 3 to 4 foot meandering berm. Full park and trail dedication fees shall be paid for Chanhassen Lakes Business Park 7th Addition in accordance with ordinance requirements. One ground low profile business sign is permitted per lot. The area of the sign may not exceed 80 square feet and a height of 8 feet. Also, one wall mounted sign per business shall be permitted per street frontage. The total display area shall not exceed 15% of the total area of the building wall upon which the signs are mounted. No sign may exceed 90 square feet. All signage must meet the following criteria: All businesses shall share 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.- c. All signs require a separate permit. 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. No illuminated signs within the development may be viewed from the residential section south of the site. g. Back-lit individual letter signs are permitted. 2O City Council Meeting - June 14, 1999 10. h. Only the name and logo of the business occupying the unit will be permitted on the sign. i. 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 building permit. The applicant shall meet with the Building Department to discuss commercial building permit requirements. The applicant shall provide 5 handicapped accessible parking spaces. The location of these spaces must be dispersed among all the accessible building entrances. Fire Marshal conditions: a) Additional fire hydrants will be required. Contact Chanhassen Fire Marshal for exact number and location. b) A 10 foot clear space must be maintained around fire hydrants, i.e., street lamps, trees, bushes, shrubs, NSP, US West, Cable TV and transformer boxes to ensure that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance 9-1. c) Submit radius mm dimensions to City Engineer and Fire Marshal for review and approval. Pursuant to 902.2.2.3, 1997 Uniform Fire Code. d) Contact Chanhassen Fire Marshal for exact location of fire lane signs and curbing to be painted yellow. Pursuant to Section 904.1, 1997 Uniform Fire Code. e) Install and indicate on plans the location of the PIV (Post Indicator Valve). Contact Chanhassen Fire Marshal for exact location. Comply with Chanhassen Fire Department Policy regarding fire department notes to be included on all site plans. Pursuant to Chanhassen Fire Department/Fire Prevention Policy 04-1991. Copy enclosed. g) Comply with Chanhassen Fire Department Policy regarding premise identification. Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #29-1992. Copy enclosed. The walls along the east and west side of the loading area shall be built of the same materials as the rest of the building and incorporate the decorative bands. A lighting plan shall be submitted to the city. Only shielded fixtures are allowed as required by ordinance. A detailed lighting plan should be submitted. Street lights consistent with Lake Drive East and West will be at 200 feet intervals, staggered from one side to the other. The site plan fails to show the trash enclosure location. The dumpsters must be screened by a wing-wall and doors with siding and trim to match the building. Current state statutes require that 21 City Council Meeting - June 14, 1999 recycling space be provided for all new buildings. The area of the recycling space must be dedicated at the rate specified in Minnesota State Building Code (MSBC) 1300.4700 Subp. 5. The applicant should demonstrate the required area will be provided in addition to the space required for other solid waste collection space. Recycling space and other solid waste collection space should be contained within the same enclosure. 11. Rooftop equipment and mechanical equipment are not shown on the plans. All equipment must be screened from views. 12. The 34 future parking spaces shown along the northern portion of the site shall be eliminated. 13. The applicant shall enter into a site plan contract with the city and provide the necessary financial securities as required for landscaping. 14. Final grading shall incorporate berming along Lake Drive West outside of the City's right-of-way. No berming is permitted within the City's right-of-way. Landscaping improvements may be permitted subject to staff review and approval. 15. The applicant shall work with staff in revising curb radii on the plans to accommodate fire apparatus vehicles. 16. A cross-access agreement for parking and utilities purposes which also addresses maintenance responsibilities and scheduling shall be prepared by the applicant and recorded against the benefited lots (1, 2 and 3, Block 1). In addition, a cross-access agreement for driveway purposes shall be granted to the parcel north of the site (Stockdale) over Lots 2 and 3, Block 1 to gain access to Lake Drive West. 17. Detailed storm drainage calculations for a 1 O-year, 24-hour storm event shall be submitted to the City for review and approval prior to issuance of a building permit. 18. Installation of the public utilities throughout the site will require building permits through the City's Building Department. 19. All driveway access points along Lake Drive West shall incorporate an industrial driveway apron and pedestrian ramps in accordance with the City details and pedestrian ramps. 20. The applicant will need to provide financial security in the amount of $2,500 to guarantee installation of the driveway aprons, boulevard restoration, and erosion control measures. Security may be in the form of a letter of credit or cash escrow which will be returned upon satisfactorily completing the project. 21. All areas disturbed as a result of construction activities shall be immediately restored with seed and disc mulch or wood fiber blanket or sod in accordance with the approved plans within two weeks the completion of each activity in accordance with the City's Best Management Practice Handbook. 22. All utility street improvements shall be construction in accordance with the City's latest edition of Standard Specifications and Detail Plates. The plans shall be revised to provide individual sewer services to each lot from the property line and lower driveway grade at entrance off Lake Drive 22 City Council Meeting - June 14, 1999 West to 4.0% or less. 23. All private streets/driveways shall be constructed to support a minimum of 7-ton per axle design weight in accordance with City Code 20-1118. 24. The applicant shall apply for and obtain permits from the appropriate regulatory agency, i.e. Watershed District. 25. The final grading plan shall incorporate erosion control measures around the downstream side of the grading limits and adjacent the pond. 26. Site plan approval shall be contingent upon final platting of Chanhassen Lakes Business Park 7th Addition. 27. The lowest floor or opening elevation of the building shall be a minimum of two feet above the flood elevation, the adjacent wetland or stormwater ponding area." All voted in favor and the motion carried unanimously. REQUEST FOR SITE PLAN REVIEW FOR AN 18~388 SQ. FT. OFFICE/WAREHOUSE BUILDING TO BE LOCATED ON LOT 4~ BLOCK 1~ CHANHASSEN LAKES BUSINESS PARK 7TM ADDITION; LOCATED ON LAKE DRIVE WEST, CHAN LAKES PARTNERSHIP LLP~ EDEN TRACE CORPORATION. Kate Aanenson: This one is in the interior of the project itself. Again it's one large building. 18,000 square feet. Approximately 2.9 acres. It does abut a wetland in the back. It does meet all city ordinances and we are recommending approval as did the Planning Commission with the conditions of the staff report. Acting Mayor Senn: Questions from council? Councilman Labatt: This has the fenced area for outdoor play area. Is that right? Kate Aanenson: It's not going in. Okay. Good. No questions. Alright, is there anybody here to be heard on this matter? If not, I'll bring it back to Councilman Labatt: Acting Mayor Senn: council for a motion. Councilman Engel: Councilman Labatt: Move approval. Second. Councilman Engel moved, Councilman Labatt seconded to approve Site Plan #99-6 for an 18,388 square foot office warehouse building to be located on Lot 4, Block 1, Chanhassen Lakes Business Park 7th Addition, as shown on the plans dated April 16, 1999, subject to the following conditions: 23 City Council Meeting - June 14, 1999 The applicant shall Increase plantings for buffer yard areas in order to meet ordinance requirements. The parking setback along Lake Drive West shall be increased to 30 feet. Within the 30 foot setback, the applicant will be required to provide a 3 to 4 foot meandering berm. Full park and trail dedication fees shall be paid for Chanhassen Lakes Business Park 7th Addition in accordance with ordinance requirements. One ground low profile business sign is permitted per lot. The area of the sign may not exceed 80 square feet and a height of 8 feet. Also, one wall mounted sign per business shall be permitted per street frontage. The total display area shall not exceed 15% of the total area of the building wall upon which the signs are mounted. No sign may exceed 90 square feet. All signage must meet the following criteria: All businesses shall share 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.- c. All signs require a separate permit. 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. No illuminated signs within the development may be viewed from the residential section south of the site. g. Back-lit individual letter signs are permitted. h. Only the name and logo of the business occupying the unit will be permitted on the sign. i. 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 building permit. The applicant shall meet with the Building Department to discuss commercial building permit requirements. The applicant shall revise the southern exterior elevation by adding windows or landscaping to breakup the blank portions. Fire Marshal conditions: a) Additional fire hydrants will be required. Contact Chanhassen Fire Marshal for exact number and location. 24 City Council Meeting - June 14, 1999 10. 11. 12. b) A 10 foot clear space must be maintained around fire hydrants, i.e., street lamps, trees, bushes, shrubs, NSP, US West, Cable TV and transformer boxes to ensure that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance 9-1. c) Submit radius mm dimensions to City Engineer and Fire Marshal for review and approval. Pursuant to 902.2.2.3, 1997 Uniform Fire Code. d) Contact Chanhassen Fire Marshal for exact location of fire lane signs and curbing to be painted yellow. Pursuant to Section 904.1, 1997 Uniform Fire Code. e) Install and indicate on plans the location of the PIV (Post Indicator Valve). Contact Chanhassen Fire Marshal for exact location. Comply with Chanhassen Fire Department Policy regarding fire department notes to be included on all site plans. Pursuant to Chanhassen Fire Department/Fire Prevention Policy 04-1991. Copy enclosed. g) Comply with Chanhassen Fire Department Policy regarding premise identification. Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #29-1992. Copy enclosed. h) If any trees are to be removed, they must be either chipped or hauled off site. Due to close proximity of neighboring homes, no buming permits will be issued. A lighting plan shall be submitted to the City. Only shielded fixtures are allowed as required by ordinance. A detailed lighting plan should be submitted. Street lights consistent with Lake Drive East and West will be at 200 feet intervals, staggered from one side to the other. The site plan fails to show the trash enclosure location. The dumpsters must be screened by a wing-wall and doors with siding and trim to match the building. Current state statutes require that recycling space be provided for all new buildings. The area of the recycling space must be dedicated at the rate specified in Minnesota State Building Code (MSBC) 1300.4700 Subp. 5. The applicant should demonstrate the required area will be provided in addition to the space required for other solid waste collection space. Recycling space and other solid waste collection space should be contained within the same enclosure. Rooftop equipment and mechanical equipment are not shown on the plans. All equipment must be screened from views. The applicant shall enter into a site plan contract with the city and provide the necessary financial securities as required for landscaping. Final grading shall incorporate a three to four-foot high berm along Lake Drive West outside of the City's right-of-way. 25 City Council Meeting - June 14, 1999 13. Construction activities adjacent to wetlands shall be protected with Type III erosion control fence. 14. The applicant shall enter into an encroachment agreement with the City to construct a parking lot and landscaping improvements within the City's drainage and utility easement. 15. Detailed storm drainage calculations for a 1 O-year, 24-hour storm event shall be submitted to the City for review and approval prior to issuance of a building permit. 16. Installation of the public utilities throughout the site will require building permits through the City's Building Department. 17. The proposed driveway access onto Lake Drive West shall incorporate an industrial driveway apron and pedestrian ramps in accordance with the City details and pedestrian ramps. The other access point at Marshland Circle shall also incorporate an industrial driveway apron. 18. The applicant will need to provide financial security in the amount f $5,000 to guarantee installation of the driveway aprons, boulevard restoration, and erosion control measures. Security may be in the form of a letter of credit or cash escrow which will be returned upon satisfactorily completing the project. 19. All areas disturbed as a result of construction activities shall be immediately restored with seed and disc mulch or wood fiber blanket or sod in accordance with the approved plans within two weeks the completion of each activity in accordance with the City's Best Management Practice Handbook. 20. All utility street improvements shall be construction in accordance with the City's latest edition of Standard Specifications and Detail Plates. 21. All private streets/driveways shall be constructed to support a minimum of 7-ton per axle design weight in accordance with City Code 20-1118. 22. The applicant shall apply for and obtain permits from the appropriate regulatory agency, i.e. Watershed District. 23. No berming is permitted within the City's right-of-way. Landscaping improvements may be permitted subject to staff review and approval. 24. Site plan approval shall be contingent upon final platting of Chanhassen Lakes Business Park 7th Addition. 25. The lowest floor or opening elevation of the building shall be a minimum of two feet above the flood elevation, the adjacent wetland or stormwater ponding area." All voted in favor and the motion carried unanimously. REQUEST FOR SITE PLAN REVIEW FOR A 9,800 SQ. FT. SWIM SCHOOL; LOCATED ON OUTLOT G, VILLAGES ON THE PONDS 6TM ADDITION, CORNER OF GRANDVIEW ROAD AND LAKE DRIVE, JON FOSS SWIM SCHOOL. 26 City Council Meeting - June 14, 1999 Kate Aanenson: ...where this is. This is St. Hubert's. Highway 5... Acting Mayor Senn: IfI had it figured out right, it's basically as far east as you can go and still staying effectively to the south of Lake Drive. Kate Aanenson: Exactly. Acting Mayor Senn: Okay, good. Kate Aanenson: Exactly. Councilman Engel: Just directly north of St. Hubert's. Acting Mayor Senn: Of the gym. Kate Aanenson: The parking lot and the gym, correct. They would share a parking lot there. Just to give you some background on this. When we first met with the applicant we were excited about the use. We saw the opportunity to have recreation as a part of this. As a matter of fact in the EA we looked at institutional or recreational uses as one of the components of the center. So we were excited to work with the applicant. The issue that we had was the design. When it first came in, we had a design that was rather whimsy and we were concerned that that may not meet the intent of the PUD agreement that we had put in place. This was the original site plan and it had a shed roof, and again if you look at the design of itself from the front, it had a taller roof and although St. Hubert's is behind with the taller gymnasium building, we again felt that the shed roof didn't match what we were trying to create. We do have a pitched roof requirement in there. Although based on some of the buildings, we've allowed for pitched roof elements and we've tried to work on that. Then the other concern we had with the original design was the colors. It had the bright yellow, aqua marine and another blue. And so we were concerned about how that related because we're kind of going for more of the Midwestern vernacular was what the design standards called for. So in meeting with the architects we couldn't seem to come to some consensus so we went to the Planning Commission just under open discussion and met with them once and tried to get some ideas. The Planning Commission concurred with some of the concerns that the staff had and the applicant and their architects did agree to go ahead and put the pitched roof on, the gabled roof as opposed to the shed roof, and then also try to do the subdued colors. So that's what they went forward with. The PUD requirement says that they have to work through the architectural committee of the Villages, which is Mika Milo and his comments are on there. He also had some concerns about the subdued colors. They still have the white on the roof and they've taken the yellow and toned it down but it still has some elements around the window. The Planning Commission did approve this design but there was two descending votes and they thought that maybe the blue, which we've included in your packet with the approval of the applicant, that maybe the blue roof and the blue around the windows. This is adjacent to the residential area. While it is a smaller building, it does have some good elements of what we're trying to create with the Village concept and that is that you can on the sidewalk, there are the windows. You can look in. See the activity. Be a part of that. There is a nice plaza on the front that you can be waiting for your ride or be dropped off outside in the plaza area, but certainly there was some concern on the planning commission whether or not this fit in with the design of the Villages of the Pond but ultimately voted 5 to 2 to recommend approval to you. And maybe if we can get the applicant... Again, this is the building that has a certain form and function that drives the design and maybe if they could speak to that a little bit it might help you understand exactly what they're trying to do. But there are recommended conditions of approval and if you had additional questions, I'd be happy to answer those. 27 City Council Meeting - June 14, 1999 Acting Mayor Senn: Questions from council? Councilman Engel: Not yet. Acting Mayor Senn: Is there anybody here to be heard on this matter? The applicant. Kate Aanenson: He's the applicant. Acting Mayor Senn: Oh, okay. I'm just trying to find out first if there's anybody else here. One sec okay. Is there anybody else here on this? No, okay. Tim McIlwain: My name's Tim McIlwain. I'm with Hagen, Christensen, and McIlwain Architects. We've been commissioned to design this facility. And as you can see these are the new sketches with once again the gabled form. Very simple, crisp shape and the side units that have been pushed into it which would be the locker facilities and some of the mechanical on the back have been, we're going to be using an EFIS or a synthetic stucco that will be, we've toned it down to like a limestone color. The balance of the building is white. Mika in his review has approved everything except he said it was a Sunshine Yellow. What we've determined to do is on all the window frames and along an arcade that will be along the streetscape, where we had some span or like the lower windows, we'd like a little bit more height there because people are going to be sitting there in chairs and watching their kids in a pool. That will all be the aqua color. There was some suggestion to make the roof a green shape, a green tone and we would not prefer to do that. Number one because we thought it first of all had a lot more color than the original scheme. I think the coloring that was submitted is vastly more than I think the Villages covenants would allow, as a 10% being a very strong, bold color. And plus we just feel that it's a simple, crisp shape. Let's keep it one color with textured, integrally colored block and a bone colored standing seam. Simple shapes. Simple function. And then try to get a little bit of animation out of some of the window placement and once again going from the yellow to a aqua, but we'd still like to keep the simple entry fascia.., band that comes out of the building and covers the entrance piece. We'd like to make that yellow because it's a pretty important part on the interior of the architecture. It sort of binds all the spaces together and we did that on the first interior project and it's been pretty successful. And we discussed that with Mika early on and he seemed to approve that. So you know we haven't gotten official word from him but that's where we're at at this point. Are there any other questions? Kate Aanenson: We did talk about changing from all EFIS to. Tim McIlwain: I'm sorry. Kate Aanenson: We want to show that. Tim Mcllwain: There's gable shapes along the integrally colored rock face blocks so there will be some real texture to the gable form and the EFIS will just be the subordinate shapes that push into the overall large form. Kate Aanenson: That's the locker room portion with the EFIS. Tim Mcllwain: Yeah, there's a locker room and then on one side is a therapy center. I believe there are floor plans in the packages, yeah? 28 City Council Meeting - June 14, 1999 Acting Mayor Senn: Any other questions for the applicant at this point? Councilman Engel: I really want to see this project work. We're having some impasse here between staff and the architect and Mika and I guess internally on council so, I mean my kid goes so I think it's a fantastic business. I really want to see it in Chanhassen. When it comes to decorating, my opinion, my skill is next to zero. I want the business but I want the integrity of this community and Villages to be saved as well. I'm having a hard time trying to find the middle road here but I desperately want to find one. So I'm asking you, is there anything that we could do that we haven't tried yet? Kate Aanenson: Well let me just so we're all on the same page talk about where we've been and where we're at, just to make sure. When it originally came in it was all EFIS and had the two blues and the bright yellow on it. To date where we're at is, correct me if I'm wrong, added the cut face block on the main portion of the building. The two boxes which would be the locker room and retail part would still be EFIS. Those are the boxes on the outside. The yellow has been subdued and the yellow will not be around the bottom windows but on the upper. Tim Mcllwain: There won't be any yellow on the windows at all. The windows, all the frames will be the aqua. Kate Aanenson: The blue, which is what we included in your packet. Councilman Labatt: The second rendering? Kate Aanenson: Right, the roof may not be blue. The roof would still be white which was their desire, so that's the movement. Tim Mcllwain: Yeah I mean we've got, we've trying to make it as clean and simple a building as possible. Councilman Labatt: It will look something like this then? Kate Aanenson: Correct. Right, the only thing that that second sheet showed. Councilman Labatt: Was the blue roof. Kate Aanenson: Was the blue roof, which it will not have. That would still be white but the windows would be the blue. That's his recommendation. Councilman Labatt: I had a question for him. Tim, in the Minutes here I was reading from the Planning Commission that you talked about the air exchange system. Inside the building and how it's going to exchange air one to two times an hour in the winter time. Tim McIlwain: Actually quite a bit more from what we're finding out. Councilman Labatt: My question to you is, what odors will be? Tim McIlwain: That's a good question. What we're learning, actually Jon Foss, who is the owner of the company, has become very much an expert on mechanical systems. When you smell chlorine and coming 29 City Council Meeting - June 14, 1999 from a pool, that means that it's dirty water, quote unquote. Chlorine is odorless. Only when it combines with body oils and such does it formulate an odor so, and he's got the most, the quickest mm around in terms of water as well. He's turning around water I believe about every six hours. The water's completely filtered and circulated through. So he's very much on top. He checks his equipment several times a day so there should be absolutely no odor coming out of the building. If it's a problem, it'd be a problem noticed internally first and then it would be corrected. So it's not like an exterior pool that you're accustomed to. Acting Mayor Senn: Okay, this is the design here now? Kate Aanenson: That's correct. With the cut face block, the blue. The only thing that would be different from what we submitted would be the roof would not be blue. It would be. Acting Mayor Senn: It'd still be white. Okay. Councilman Engel: What were planning commission or others looking for from a color scheme? Kate Aanenson: Well they still had concerns that that yellow around the windows still seemed a bit whimsy. Playful which. Acting Mayor Senn: That's gone now. Kate Aanenson: That's gone, correct. Councilman Labatt: New aqua color. Kate Aanenson: Correct. And sounds like that's what they've agreed to. Councilman Labatt: The other hang-up was the. Kate Aanenson: They still had some issues whether or not the white, you know we do have two neutral color of roofs in the city. They're both on banks. The Chan Bank and the Richfield Bank have got the really almost a steel color on both their. Not all roofs are colored. You know it's not going to be reflective material. Councilman Engel: Can you talk about that a little bit? The roof? Tim Mcllwain: It will be a standing seam metal, prefinished metal roof and it's in a bone white matte finish. Councilman Labatt: Do you have samples of it at all? Tim Mcllwain: The owner, who was supposed to be here, has the samples. Kate Aanenson: He had them all at the Planning Commission. Tim Mcllwain: To be honest with you, there was the submittal by the one planning commissioner with the sketch, the colored sketch was submitted as a friendly amendment and I didn't get the feeling there was a resounding approval of it. It just was submitted and it wasn't as if it was embraced so once again I think if 3O City Council Meeting - June 14, 1999 we put a blue roof on it, my gut feel is it's going to look too retailish, or even like it should be sitting on the banks of the St. Croix River housing boats to be honest with you. I think a clean, simple shape is the most appropriate way. The blue roof by far would call a lot more attention to this building than anything we've done to date. Acting Mayor Senn: Your EFIS is going to be what, a lime color you said? Tim McIlwain: Limestone. Like a cream color. Acting Mayor Senn: And your, how about your rock face block? Tim McIlwain: This is a sample of the texture of the EFIS and the proposed color. Councilman Engel: What's the concrete block representing again? Tim McIlwain: That is the entire large pool building. That's the large, gable shape... Basically the entire gable shape, both ends have gable... Acting Mayor Senn: I think it's fair to say one of the big problems everybody's having with this, we spent a lot of time upfront conceptualizing and kind of predetermining what we wanted design wise on Villages on the Pond. Major decision for us to expand the commercial area and... And so if you take that concept and all the hours and discussion and review and stuff that we spent on it, there's very little with this that really conforms to what we were. Now that's not to say that this is negative. That's just, you know that's part of where we're on this learning curve is we all sat here expecting as the projects came in they meet this look and they meet this standard and this one's hardly doing that but then it's hardly a typical business either as it would relate to what was perceived coming in to us though. Tim Mcllwain: I understand your concerns. I just turned to the only official document that we've ever received, which would have been Mika's comments that he approved the design wholeheartedly. The forms. The functions and had a problem with the sunshine yellow which we have revised so in my opinion we've met the intent of all the requests that have been placed forward. Acting Mayor Senn: Well, let's hear from council. Councilman Labatt: It made me feel more comfortable seeing the colors rather than the color renderings here. Because this one was pretty bright. But as far as the business, you know I think it's a fabulous business to have here in Chanhassen. It's unique. It's nice looking. And I'm glad that the colors around the windows and doors have been. Councilman Engel: I'm pretty much feeling the same way. I mean the colors, the design are not exactly I'm sure what the designers of Villagers had in mind for every single building in that development. There's a lot of buildings in there. I think this is not the first of which we're going to have a few friendly amendments and it's going to take a little windage on so to say to change them so that everybody can agree but it is just a fantastic business in my opinion and I'd like to see it in Chanhassen and that outweighs any small reservations I might have left on the coloring. And I do feel a lot more comfortable with the coloring and the tinting having seen those materials as opposed to these drawings. They did look a little bright on paper as opposed to seeing that. So I favor it just on the basis of the business strength over the small concerns I have left that haven't been addressed on the colorings. 31 City Council Meeting - June 14, 1999 Acting Mayor Senn: Have you looked at materials other than the EFTS? Tim McIlwain: At one point we had talked about doing a, it's a creamed color integral block. Our only concern there is because of the new energy code. We have to elevate those subordinate boxes above an R20 in the wall to make up for some shortages in the bigger box... So what I'm saying is, is the most economical system is to put EFtS on that. And as well we like the two textural changes between the plaster look and the fairly textured block. Roughly textured block. We like that change of texture. So for those two reasons, that's why we're proposing EFtS versus if we went with a block, we'd have to go to a cavity wall situation where you have the internal block and external block. Acting Mayor Senn: And the durability of EFIS, especially in high traffic areas doesn't bother you? It doesn't have a wonderful reputation. Tim Mctlwain: Well, where we're putting it, it's really going to be held away from the public for the most part. Where we've had some, a friendly amendment to make the building more approachable from Lake Drive, so that people could come up and look in those large bay windows, or those large windows into the pool. That is block. But around the balance of the building we've got a maintenance concrete base. The EFtS comes down and sits on that so that there shouldn't be a maintenance issue with lawn keeping equipment. And beyond that, the good thing about EFTS, if it is vandalized, it can be patched quite easily. EFtS we've used over the years has held up fairly well. Councilman Engel: Move approval. Councilman Labatt: Second. Councilman Engel moved, Councilman Labatt seconded to approve Site Plan #99-8 for Foss Swim School, as shown on the architectural plans prepared by Hagen, Christensen & Mcllwain dated 5/25/99, and site plans prepared by John Oliver & Associates, Inc. dated 4/15/99, subject to the following conditions: 1. The applicant shall enter into a site plan agreement with the city and provide the necessary security to guarantee erosion control, site restoration and landscaping. 2. Site plan approval is contingent upon the site receiving final plat approval and recording of the subdivision. 3. The development must comply with the Development Design Standards for Villages on the Ponds. Two accessible parking spaces will be required for the twenty-six spaces that are provided. Access to the building from these spaces must also be provided. Parking lot improvements, including parking lot landscaping shall be installed prior to issuance of certificate of occupancy. 5. Submit utility plans to Fire Marshal for review and approval. Indicate the location of fire hydrants and PtV (Post Indicator Valve). 32 City Council Meeting - June 14, 1999 A 10 foot clear space must be maintained around fire hydrants, i.e. street lamps, trees, bushes, shrubs, NSP, US West, Cable TV and transformer boxes to ensure that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance 9-1. 7. Comply with Chanhassen Fire Department Policy regarding premise identification. Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #29-1992. Copy enclosed. 8. Comply with Chanhassen Fire Department Policy regarding fire department notes to be included on all site plans. Pursuant to Chanhassen Fire Department/Fire Prevention Policy 04-1991. Copy enclosed. 9. The pedestrian access from Lake Drive to the Plaza area shall be relocated to the western end of the site and the access be widened to approximately 10 feet (two squares). 10. The applicant shall pay park and trail fees at the time of building permit application pursuant to city ordinance. 11. The applicant shall be responsible for the warranty of the trees if they are planted before the site is developed. If the tother' trees are installed after the site is developed, the warranty will be covered by the Villages developer. 12. Additional landscaping, such as planter boxes, shall be added near the entrance of the building. 13. The overall Villages on the Ponds hardscape plan designates two benches to be located along the sidewalk adjacent to Lake Drive. These benches and landscaping improvements must be installed prior to issuance of the certificate of occupancy. 14. The pedestrian access from Lake Drive to the Plaza area shall be relocated to the western end of the site. 15. Wall business signs shall comply with the city's sign ordinance for the central business district for determination of maximum sign area. Wall signs may be permitted on the %treet" front and primary parking lot front of each building. All signs require a separate sign permit. The location of letters and logos shall be restricted to the approved building sign bands, the tops of which shall not extend greater than 20 feet above the ground. The letters and logos shall be restricted to a maximum of 30 inches in height. All individual letters and logos comprising each sign shall be constructed of wood, metal, or translucent facing. 16. 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. 17. The applicant shall revise the grading plan along the easterly side of the property to maintain the existing vegetation along Grandview Road. 18. Type I erosion control fence shall be installed and maintained along Lake Drive until all disturbed areas are restored. 33 City Council Meeting - June 14, 1999 19. The applicant shall consider providing additional pedestrian access from Lake Drive to the building in the area of the swimming pool. All voted in favor and the motion carried unanimously. ADMINISTRATIVE PRESENTATIONS: LAKE ANN PARKING ENTRANCE ROAD AND PARKING LOT RECONSTRUCTION. Acting Mayor Senn: There's just a memorandum in here. I assume there's nothing else for us to do with this, correct? Todd Gerhardt: Correct. Just to advise Council that Todd would like to table any work done out at Lake Ann to the year 2000. Acting Mayor Senn: Alrighty. Is his intention then essentially to set aside or allocate the funds then that we set aside for that and carry them forward to next year so designated? Todd Gerhardt: Correct. Acting Mayor Senn: Alrighty. That's okay with everybody? Okay. TABLED CONSENT AGENDA ITEMS: A. AWARD BID FOR INFILTRATION/INFLOW DRAINAGE IMPROVEMENT PROJECT 98-2. Acting Mayor Senn: I pulled l(a). As this has come and gone through our process I guess I've made no secret of my feelings on it. I'm not happy with the city getting into this new business, which benefits a few at the expense of all the taxpayers. This, in my opinion, is going to basically start a long list of these requests.., throughout the city. Especially a city which is predominantly built on clay, as we are, and this is going to continue to be an ongoing problem and with this action will become an ongoing fairly major expense to the city over the long term. So that is why I have opposed this all along and continue to oppose it so... question for I guess, does this require three? Roger Knutson: Yes. Acting Mayor Senn: So we have two options. We can table it so it doesn't go down in flames or we can vote on it tonight but.., it's up to you guys. Councilman Engel: I'd move to table until full council can weigh in. Councilman Labatt: Second. Councilman Engel moved, Councilman Labatt seconded to table the award of bid for infiltration/inflow drainage improvement project 98-2. All voted in favor and the motion carried. O. APPROVAL OF MINUTES: Acting Mayor Senn: I'd like to amend the May 17th minutes under Housekeeping/Miscellaneous items. The paragraph, it says Councilman Senn mentioned that the Mayor has the unilateral authority to place an 34 City Council Meeting - June 14, 1999 item on the agenda. I'd like it to go on to basically say the rest of what was said which was pointed out that all delineations between Mayor, Council and City Manager are well defined in State Statute, which do and will govern basically. Other than that I wanted to remove the memo from the minutes because it really is not part of the totality of what was discussed or agreed at the meeting so with those two I would move approval. Councilman Labatt: Second. Acting Mayor Senn moved, Councilman Labatt seconded to approve the Minutes of the May 17, 1999 City Council work session as amended. All voted in favor and the motion carried. ADMINISTRATIVE SECTION: No comments. Acting Mayor Senn: I see some people still sitting in the audience. That always makes me leery because it's like somebody missed something or we missed something or whatever but is there something you're here on that. Well we just want to make sure we didn't miss anyone, that's all. Okay? Everybody okay? Bev Ricker: I did have a concern. Acting Mayor Senn: On which item? Bev Ricker: It's not on any item on the agenda... Acting Mayor Senn: Oh, the visitor presentation? Sure, come on up. We have a couple minutes here to do that. Bev Ricker: I was here last winter and I have continuous concerns about the business being run down on the comer of Chan View and Great Plains, which is Country... Dry Cleaners. Acting Mayor Senn: Okay, all right. Bev Ricker: I called and spoke to Nancy Mancino. Actually our voice mails have spoken to each other back and forth. Acting Mayor Senn: You know I was reading an article about that the other day. Talking about how it takes us now 11 times to communicate with a live person. Bev Ricker: Oh I would believe that. And that's probably the average which means half... Acting Mayor Senn: Terrible, yeah. It's terrible. Bev Ricker: At any rate, it took six months and a court case to get the 30 washers and dryers that were stored outside down there last winter, cleaned up. And as of about 10 days ago there are 2 more sitting outside. They apparently got in his way inside. I was promised, again on my voicemail, by Scott Botcher that they would be gone by Friday afternoon. When I drove down here they are outside still sitting there. This man is flaunting the law. He's doing illegal outdoor storage. He's repeating his performance. We are trusting this man to be part of the voluntary clean-up for his toxic waste which is an additional issue. He's been doing this for 25 years. It's the most unsightly place in town and has been on and off for 25 years. 35 City Council Meeting - June 14, 1999 My understanding from Scott Botcher again via voicemail is that the MPCA is going to finally look and see if pollution has gone beyond the confines of his business. In the past they've simply said it hasn't but they've never done the testing. They're doing it somehow like this. No, it has not gone beyond the confines of this property. I don't find that a very scientific approach. Now apparently finally they're going to do something but how are we going to get this mess cleaned up when no matter what's done, there's no follow through. It's like pushing a jelly bean up a hill. The minute you let go, right back down. And he's got the most unsightly fence that he's put up around a rusted, falling apart utility shed. I have to drive by this every morning and every afternoon and look at it. It's in the middle of a moderate residential neighborhood. It's a junk yard. I understand Todd Gerhardt went out there on Wednesday and gave him 48 hours. It's now well over 100 hours since then. Acting Mayor Senn: Yeah, because we instructed staff to really crack down on it. Where do we sit? Todd Gerhardt: He was cited again this last Friday. Bob Zydowsky and I both visited the site and it was Bob Zydowsky, I don't know if he gave him 48 hours. I think it took Bob 48 hours to go through Roger's office voicemail and talk to somebody and, but and then them going through Bob's voicemail. But he was cited this last Friday and the Judge will not have any leniency on him as the fine. He's going to have to show up at court and pay the full misdemeanor charge which could be up to $700.00 and he does have two washing machines sitting out there. We took immediate action. Talked to Roger's office and he has a citation in the mail to him today. Acting Mayor Senn: Under our ordinances basically is that the extent of what we can do or can we remove it and charge it back against him? ... I mean that is sometimes a remedy. Roger Knutson: We don't have the right to go on people's private property and remove stuff like that without a court order. Acting Mayor Senn: Okay, so we have to get the court order to do it. Essentially we're, and we're asking for maximum penalty I assume? Roger Knutson: Certainly. Bev Ricker: His penalty for littering my neighborhood for over six months with over 30 washers and dryers I believe was $80.00. Acting Mayor Senn: Was that the first? Bev Ricker: He's been at it for 25 years. Acting Mayor Senn: No, no I understand that but I mean it is, I mean like I say when this came back before us we kind of asked staff to really crack down on it and stuff and I'm assuming that's the first. Bev Ricker: ... it's nowhere near the first and that he's had several court cases against him in Carver County. Roger Knutson: It's only the second one I've, we've started the second one that I'm aware of. If there's something else, I'm not aware of it. 36 City Council Meeting - June 14, 1999 Bev Ricker: Well Chaska's also in Carver County and they've gone after him. Acting Mayor Senn: Oh okay, but on this facility. Roger Knutson: From us, I don't know about anyone else. And I'll just point out. Bev Ricker: I would think the County knows him well by now. Roger Knutson: The 30 washers and dryers were removed. Unfortunately he's reoffending. Acting Mayor Senn: I'm a little beleaguered by the issue on the pollution. I mean we all know there's pollution on that site. In fact I thought that was the way the purchase agreement got called off before to purchase that property. I mean once that site's been turned in, I mean isn't it required under State law and the MPCA to define the scope of the pollution? Todd Gerhardt: He's done that. He has completed an environmental assessment on the property which has a remedial action plan in correcting the measures. However, there are another segment of that analysis to be completed. We talked with MPCA last Thursday-Friday. The bits of the conversation that I received is that the, he's in the volunteer clean-up program. He is receiving money through a dry cleaners superfund account to clean up that site and that's what's paying for the environmental assessment study. And from what MPCA is telling us that it could start later this summer with the clean-up on the site was his comment. Acting Mayor Senn: Did they not define off site? Usually you have to define all lateral and vertical. Todd Gerhardt: I haven't read the report at length. Bev Ricker: I have read the entire report. It does nothing to define anything beyond his property, including not even the effluent from his storm sewer. Acting Mayor Senn: Could you talk to the MPCA please about that because my understanding always was, or that you had to define lateral and the extent of the pollution before you can effectively submit a clean-up approval by the agency. Todd Gerhardt: Right, and I can't imagine MPCA accepting any report not knowing how big the plume is and where the plume is going. How deep it is. Is it affecting ground water? How close is it to fresh ground water and the water table? How close it is to our wells and. Acting Mayor Senn: Well you double check just to give her that.., so we can get some... Bev Ricker: My property itself is awash in ground water and I'm less than a block from there and Anita and I have gone over and over plans on how on earth we could remediate my ground water problem and there apparently is no solution to that. At least nothing within reason. And I don't know if it's polluted or not, because no one has looked. But I do know that the visual pollution is there and he's reoffending continually and has for the 25 years I've lived in Chanhassen. It's always been a pit. So I this time have decided it's not going to keep on going or I'm going. Acting Mayor Senn: If we can keep on it, okay? 37 City Council Meeting - June 14, 1999 Bev Ricker: Okay. Councilman Engel: Acting Mayor Senn: The promise was that it would be gone by Friday afternoon by Scott Botcher. That... I don't think we have the legal right to do that is the problem. I don't think Scott can promise that unfortunately but it sounds like we have gone ahead and taken the action to the citation and will go to court and we will recommend. Bev Ricker: What is the court date? Roger Knutson: I don't have a court date. You can call me and get it. Bev Ricker: How long are we talking about because I don't have the patience for another six months of this man doing this to all of us. Roger Knutson: It depends on the court's calendar. We get assigned a court date by the court. I don't want to guess but if you want to call Todd or myself, we'll give you the date when we have it. Bev Ricker: Ballpark, are we talking another 30-45 days? Roger Knutson: That's for a first appearance. Acting Mayor Senn: Can we ask for acceleration given the safety or anything like that? Roger Knutson: Can ask. Councilman Labatt: What about tell him to remove them again. If he doesn't, go back and repeat with the citation process. Roger Knutson: Oh yes. Councilman Labatt: I mean there's nothing wrong with going back next Friday and citing him again. Roger Knutson: In theory. Councilman Labatt: I mean if it's just going to sit there and... Bev Ricker: I would really like it if you could go out there on a daily basis until he goes broke and goes out of Chanhassen. Chaska managed to get him out. I don't think they should have more power than you. Councilman Engel: I have no problem with a guy that's been a repeated offender. Acting Mayor Senn: In practicality probably what would happen is the citations would probably irritate the Judge more towards him. At the same time he's probably not going to... Roger Knutson: In all likelihood they would all be combined. Bev Ricker: Yeah, well the maintaining of a junk yard was worth $80.00 for six months... 38 City Council Meeting - June 14, 1999 Acting Mayor Senn: I mean I don't see a problem with going out and citing him every day if that helps. Roger Knutson: I'll talk to our prosecutor about that. Acting Mayor Senn: Alright, we'll see what we can do. Thank you. Bev Ricker: ... on the toxic waste, the entire total net worth of that dry cleaners relief plan is... so that is a really bogus plan. That that's going to be cleaned up. Acting Mayor Senn: Well I assume... Alrighty, anything else? Mary Kaufman: Can I ask a question? Acting Mayor Senn: Well certainly. I thought you were leaving. Mary Kaufman: ... you got my curiosity when you were talking about Villages because, I'm Mary Kaufman and I live in the community adjacent to that and I'm. Councilman Engel: Just east of Grandview? Mary Kaufman: We're on Hidden Lane. Acting Mayor Senn: Okay. Mary Kaufman: You know right in there. And I'm remiss at not keeping up with my council minutes, I will admit it. But I did look in recently when you had the Chanhassen plan for the year coming out. I'm like okay, where does it say what's happening with Villages on the Pond and there was nothing in there that I could find. Talked to the neighbors and nobody seems to know really what the plan is for that. I'm glad to hear there's a business, the swimming business that's coming in .... kind of all sitting there and funding had run out so I'm just kind of curious. I don't think I have accurate and complete information. Where could I find that? What might be the. Acting Mayor Senn: That's easy enough to do. You've got, I'll write it down here for you. Call Kate Aanenson tomorrow. Give you her name and phone number and give her a call and she can get you a copy of the plan. I mean there's actually a physical plan but now you have to understand that Village on the Ponds is kind of like this, in our terms, this massive PUD which allows a lot of it to free flow except what it does is it designates basically kind of cluster of uses. Like commercial, or combined commercial residential. Or pure residential. There is one thing floating through for approvals now that's on the far west end, more or less across Market Boulevard on the far west end of Villages on the Ponds. It's a multi family residential apartments. I think safe to say relatively high end. Mary Kaufman: ... in the works. Acting Mayor Senn: Well they're in the works, yeah. I mean that's going through the process right now. I can't tell you where it's going one way or another. Other than that I'm just trying to think. Councilman Engel: Bicycle shop. 39 City Council Meeting - June 14, 1999 Acting Mayor Senn: Bicycle shop was on the agenda tonight. And the bicycle shop is an absolutely beautiful building. Probably the best of anything you've seen, even in Village on the Pond so far. And then essentially you have.., and did we have one more restaurant? Todd Gerhardt: Well Ruby Tuesdays has made application but I don't know exactly where they are right now. There's a question regarding that use. Acting Mayor Senn: There was a project that was approved that included Famous Dave's and a small office building but neither of those has proceeded. In fact my understanding was that Famous Dave's withdrew from it and they weren't proceeding with the small office building until they also got the restaurant or the retail component part of that going so that's kind of up in the air but what you're asking for just kind of a general plan of what's going to be where and stuff on the project. Kate should be able to give that to you. Mary Kaufman: ... know that it's still happening because it's been sitting sort of with nothing going on for quite a while and so there's been some concern. I think no one really has accurate information. Acting Mayor Senn: Well it could get longer. I hate to tell you that. What's happening though is more and more land, as they tone in, see they're governed by very specific restrictions there in terms of those types of uses. A lot of the property in there has to be used in the combined commercial residential context which is something they're having a great deal of difficulty marketing, is my understanding. And stuff so I mean that's going to probably continue to go very slow and they're pretty quickly reaching the outside confines or what they can allot to pure commercial or retail and stuff so I mean like I say, that's probably going to probably even start extending out more and more unless some hot buttons or whatever get pushed on those combined uses. A lot of Villages was originally concept or whatever to be like you know, you know retail on the bottom and apartments on the top and you know that type of thing and that's what's not happening. Mary Kaufman: I think the misinformation that's out there, that I'm aware of, is I would equate it to like a HUD home situation where whatever the plan was, the funding fell out and so now this has to sit here forever and ever and ever until you know HUD homes, until they reach that time where then they can go on the market. And so you're seeing it sitting there idol and bricks laying here and stuff there and it just looks kind of like an abandoned project so I was really glad to hear that there is something getting ready to go in there. At this point I don't care what it looks like, just get something in there you know so the streets will get plowed and what not. Acting Mayor Senn: Well to help cure the HUD homes part. The multi family project that's on the west end over there, is a HUD financed project but I think the rents in there are something like $1,100 per month. Mary Kaufman: ... equating with the, if you've had a HUD house on your home on your block, you see it deteriorate because.., empty and could have, you know be in shambles by the time someone buys it. It's that, equating it that way. Not with. Acting Mayor Senn: That's slated for there. I mean basically what's slated there is multi family but I don't think you'll... 4O City Council Meeting - June 14, 1999 Mary Kaufman: No, it's mostly just to know that something is going to happen and it's just not going to become tumble weed. Todd Gerhardt: And I think what you're associating with is that they received some Met Council funding. Put the bricks in in the bus stop areas and it's kind of unusual to see those type of improvements when you don't see buildings going up next to them. So what you will see over there will be the public improvements, the streets, the lights, the sidewalk and the bus shelters go up first without the uses. They got a concept approval. Then they go out and try to find people to buy into it and so they didn't have all the uses signed up right away when they got their approval. Mary Kaufman: That's okay. I think it's just important to know that progress is coming. It's not an abandoned project and that was kind of the misinformation that was out there so. Councilman Engel: Whatever happened to that office building on the southwest comer? Mika Milo was in here what a year, a year and a half. Acting Mayor Senn: Councilman Engel: Acting Mayor Senn: Councilman Engel: Acting Mayor Senn: That was the one with Famous Dave's. They came in tandem? Yeah, it was a tandem deal basically. One goes, the other goes or both go? Yeah, that was my understanding at the time. Okay, well thank you. Anything else? Acting Mayor Senn adjourned the meeting at 8:17 p.m. Submitted by Scott Botcher City Manager Prepared by Nann Opheim 41