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CC Minutes 1996 08 26
CHANHASSEN CITY COUNCIL REGULAR MEETING AUGUST 26, 1996 Mayor Chmiel called the meeting to order at 7:30 p.m. The meeting was opened with the Pledge to the Flag. COUNCILMEMBERS PRESENT: Mayor Chmiel, Councilwoman Dockendorf, Councilman Mason, and Councilman Senn COUNCILMEMBERS ABSENT: Councilman Berquist STAFF PRESENT: Don Ashworth, Roger Knutson, Charles Folch, Todd Gerhardt, Todd Hoffman, Kate Aanenson, Sharmin Al-Jeff, Scott Ham and John Rask APPROVAL OF AGENDA: Councilman Mason moved, Councilman Senn seconded to approve the agenda with the following additions: Mayor Chmiel wanted to discuss soccer fields under Council Presentations. All voted in favor of the agenda as amended and the motion carried. PUBLIC ANNOUNCEMENTS: None. CONSENT AGENDA: Councilwoman Dockendorf moved, Councilman Mason seconded to approve the following Consent Agenda items pursuant to the City Manager's recommendations: c. Resolution #96-71: Approve Change Order No. 1 to Well No. 3 Repair Contract, Project No. 94-3-3. d. Approve Construction Plans for the Song Addition, Project No. 94-3-3. e. Resolution #96-72: Approve Signal System Agreement with MnDot for Trunk Highway 101/Trunk Highway 212 Intersections, SP. 1013-63/PW290C. f. Final Plat Approval, Creekside 2nd Addition, Heritage Development and Approve Addendum to the Development. g. Approval of Bills. i. City Code Amendment Concerning Tobacco Sales, Final Reading. j. Ordinance Amending Chapter 9 of City Code Concerning the Volunteer Fire Department, First Reading. k. Findings of Denial, Town & Country Homes. 1. Resolution #96-73: Approve Resolution Regarding Issuance of Refunding Bonds, Heritage Park Apartments. All voted in favor and the motion carried. l(h). APPROVAL OF MINUTES. Mayor Chmiel: Kate. Would you like to make that correction? Kate Aanenson: Yes. In the Minutes, on page 17. The motion was to approve a variance for Jim Jasin for 26 feet. In order to accomplish that the motion needs to read, 3 feet side yard, where it says 7 feet and it says 6 feet. Those should both be 3 feet because what you're doing is giving him, required is 10. You're giving 7 on each side so City Council Meeting - August 26, 1996 really what it should say is the 3 feet...but that's consistent with what the motion was about, so it needs to say 3 feet side yard variance. Councilwoman Dockendorf: Is that consistent with how the staff report read? Kate Aanenson: Yes, but what happened is, there was.., negotiations as we were going through the meeting and the motion... Councilman Senn: Approve it as amended. Mayor Chmiel: Is there a second? Councilman Mason: Yep. Councilman Senn moved, Councilman Mason seconded to approve the City Council Minutes dated August 12, 1996 as amended on page 17 to reflect a change in the motion for a variance for Jim Jasin and to approve the Planning Commission Minutes dated August 7, 1996 as presented. All voted in favor and the motion carried. VISITOR PRESENTATIONS: Mayor Chmiel: I understand we have Mr. Art Walsher and is it Jeannie Hanson? Jeanne Hanson: Yes. Mayor Chmiel: And I did ask that allowances for visitor presentations run up to 15 minutes so with that I would like you to please come forward. Introduce yourself. Who you're representing and your address as well. Art Walston: My name is Art Walston. I live at 2183 St. Clair Avenue in St. Paul. I teach at the University of Minnesota, and I'm a member of the St. Lukes Catholic Church in St. Paul. Thank you for allowing me and the others to speak at your.., are here as representatives of the St. Paul Ecumenical Alliance of Churches and the Minneapolis based Interfaith Action. Together these two organizations are supported by...Protestant and Catholic member churches in one community group in the Twin Cities and surrounding suburbs. We have come to ask the members of the City Council to recommit Chanhassen to the goal of 50% affordable and low cost housing and to reconsider, ask you to reconsider your decision to deny the zoning changes necessary to build 140 low cost townhouses, which you have previously undertaken to consider. We need just about 15 minutes maximum of the time to make our case and we thank you again for giving us this opportunity. Interfaith Action... have been committed to integrating various types of housing into all communities for some time. We don't think it is desirable to have communities of exclusive, conspicuous luxury and others of concentrated poverty. We don't believe that gated communities are consistent with the Biblical message or with American values. We also believe that if the Twin Cities area is to stay vibrant and healthy and not grow the way some other metropolitan areas.., all of us needs a regional vision. One that seeks ways to address and solve social problems rather than.., and we know that many in Chanhassen share that vision. We're here to lend support to those who do. We're also here to express our puzzlement on what has recently taken place. When Chanhassen undertook to expand it's stock of affordable housing. We applauded them. Mayor Chmiel effectively articulated why it was in all of our interest, but especially in the interest of the people of Chanhassen, to undertake the project. We believe that Mayor Chmiel and people should be able to afford housing in the communities in which they work and...that when a loss of a job or illness or divorce changes unexpectedly a family's finances, that the need to move should not be added to that family's burden. Finally many of us feel personally embarrassed and hurt by the public statements made by the organized group that opposed Mayor Chmiel's initiative. Some of us felt for the first time to be the target of distrust and discrimination. We thought that what was suggested about those who might eventually live in the townhomes was inaccurate and that the fears expressed were unwarranted. We would then like to take what time remains to try to dispel those fears and correct those inaccuracies by letting you know who we are, and many of us City Council Meeting - August 26, 1996 are from families that can barely afford to purchase houses at the lower end of those envisioned by the project. Yet we regard ourselves as the type of good neighbors and good citizens that should be welcomed into the community. Jeanne Hanson: My name is Jeanne Hanson. As of the end of this week I will be at 6311 Cherry Avenue South in Richfield. I'm a member of staff at Oak Grove Lutheran Church in Richfield which is, and also a member of that church. I'm a member of Interfaith Action and the Chair of Metro Stability Committee... In 1985 I bought a condominium in Plymouth at $66,000.00. I was making about $30,000.00 at that time working in a bank, and I was really excited to be able to afford to own a place less than 5 miles from where I worked. My neighbors in the condo were mostly first time buyers like me, or retired people and we all worked hard over the entire time that I lived there to make that a property that we felt proud of. When I bought the condo, much of that part of Plymouth was undeveloped and since that time, by the way that's become fully developed. Houses are priced from about $175,000.00 to $225,000.00. There are also some apartments and townhomes and it is a pleasant neighborhood. My husband and I are now buying a home in Richfield where I work, and where we are already both active in the church and community. That house is priced in the neighborhood of $100,000.00 to $125,000.00. I want to let you know that I feel it's important to have affordable housing in every community. I applaud Chanhassen's record of affordable housing of 32% so far and I support Mayor Chmiel in his efforts to create affordable and middle class housing throughout Chanhassen. I feel the City will continue to benefit from this, as new citizens become active in the community. So I do ask for the City Council to reconsider their decision to deny zoning changes for the middle class townhomes in Chanhassen and to recommit themselves to the 50% affordable housing. Thank you. Mayor Chmiel: Thank you. Is there anyone else? Terry Keiser: My name is Terry Keiser. an Environmental Consulting Engineer. $150,000.00. I live in St. Paul. I am a member of St. Lukes Catholic Church and I'm I work with Speak and I live in a house that is valued at less than Betty McKensie: I'm Betty McKensie. I'm from St. Paul...and I live, I'm a member of Speak... and I live in a small apartment in an old house that was remodeled in a very middle class neighborhood where neighbors help each other. Linda Nelson: I'm Linda Nelson at the Gustavous Aldophous Lutheran Church in the Phalen Lake area of St. Paul. I'm the past President of the Congregation Council. I'm currently Co-Chair of Speak. I work at 3M. My husband's a professional with the State of Minnesota. We bought our home in St. Paul 27 years ago because it was affordable. It still is at... $100,000.00. I choose to live there because it's a diverse neighborhood. A pleasant neighborhood...law abiding citizens. You'd like any one of us for a neighbor. Ed Jenson: I'm Ed Jenson. I live in North Minneapolis. I've lived in my house for 41 years. I'm a member of the... Council. I'm now acting Treasurer. I raised four children in a house that was just under $100,000.00. Pamela Twist: I'm Pamela Twist. I'm employed full time as a staff of Speak and my husband is employed full time as well. He's also the...leader on our block and we own a house in South Minneapolis that's valued under $100,000.00. Beth Correy: I'm Beth Correy. An active member at St. Lukes Catholic Church in St. Paul. I'm also an administrator at the College of St. Catherine's. Currently I rent but in the next year I'll probably be looking at homes and a townhome under $100,000.00 is probably what I can afford as a single woman... Stephanie Stassel: My name is Stephanie Stassel. I'm the former Co-Chair of St. Paul Ecumenical Alliance... I am single. A teacher in the St. Paul public school. I live in...well under $100,000.00 and I'm very... Pam Carley: My name is Pam Carley. I'm a member of the Gustavous Adolphous Lutheran Church and I'm active in the Young Adults Group and I'm... Speak there. I'm the Family Services Collaborative Manager... I live City Council Meeting - August 26, 1996 in St. Paul where I rent part of a duplex and I hope to be buying a home in the next year in the range of $85,000.00 to $100,000.00. Bob Ryerson: I'm Bob Ryerson from Gustavous Adolphous Lutheran Church on the east side of St. Paul also. I am active as a...committee. I'm a retired principal and I've lived in the house for about 36 years and belonged to the church for about 36 years and it's also worth about $100,000.00. Herman Kubbel: I'm Herman Kubbel. I'm from North Minneapolis. I'm a retired plumber and I'm also a member of St .... Church and I think that we need affordable housing all over the United States. Not these exclusive places. Thank you. Russ Adams: I'm Russ Adams. I'm an owner occupant of a duplex in South Minneapolis. I also work for the Alliance for Metropolitan Stability, and Speak is a member of our Coalition and I'm here to urge you to continue your support for affordable housing for homeowners as well as renters. Luther Vaxelle: I'm Luther Vaxelle and I live on the north and east end of St. Paul in the Hillcrest area...and the house I am buying is under $90,000.00 in value. I'm also a pastor at...Lutheran Church a mile north of the State Capitol. An inner city neighborhood where the houses might top out at under $90,000.00. I'm a pastor of a congregation of sturdy people who are perhaps looking for suburban living as something they would like to sample and be a part of and... Chris Lang: My name is Chris Lang. I'm the Director of Holy Apostles Episcopal Church on the east side of St. Paul and I also grew up in Excelsior and grew up about 2 miles from here and... Speak from it's inception in St. Paul... church in St. Paul and a rural churches around Minnesota and I keep in close touch with my high school classmates and those who are still in this area, including my brother who's a resident of Chanhassen... I'm very glad that you all are opening hearing our views and I'm thankful for what our representatives have said tonight. Renee Lundgren: My name is Renee Lundgren. I work full time in North Minneapolis. I'm with Gustavous Adolphous Lutheran Church in St. Paul. I recently bought a home in St. Paul. My house is valued at $65,000.00 and I am one terrific neighbor. Art Walston: Thank you very much for giving us this time and just ask you once again to recommit to the goal of 50% affordable housing and to reconsider the project. Change your mind on it. Thank you. Mayor Chmiel: Good. Thank you. Appreciate very much you coming in today and it's sort of nice to look and see all the people that are here who are under that $100,000.00 or around that number. When you look at those faces, they're the kind of faces I'd like for neighbors so we thank you very much for coming in and at least giving some direction and thought that you have. Councilwoman Dockendorf: Mr. Mayor? Mayor Chmiel: Yes. Councilwoman Dockendorf: Can I make a few comments, if you don't mind. Mayor Chmiel: Sure. Councilwoman Dockendorf: I didn't expect this tonight so I'm speaking extemporaneously. My name is Colleen Dockendorf and I'm an active member of St. Therese Catholic Church in Deephaven as an Eucharistic minister. The next comments I going to make don't mean to be defensive but just want to show our commitment to affordable housing, and I think there has been some misinformation, or some lack of information perhaps that's been printed in the Star Trib. We recently completed a senior housing unit, which is partially subsidized for the senior members of our community, who we realize have a tough time staying in their homes because of land values City Council Meeting - August 26, 1996 and subsequently property taxes are getting out of hand. And also for, we recently, this spring approved a proposal for single family homes that are partially subsidized over on Lake Riley, which is an attractive area of our town. The very night that we denied the proposal for the 140 unit townhomes, we also approved a major project which included I think how many rental units Kate? Kate Aanenson: Total number of units, 300. Councilwoman Dockendorf: 300 rental units. Most of which would meet the affordable housing goals set out by the Livable Communities Act. So I just want to let you know and reaffirm that we are committed to affordable housing. We realize how important it is in our community, not only for our businesses but just to have a diverse, active community so I wanted to let you know that I really appreciate you coming tonight. Councilman Mason: I'd like to comment too. The first home I bought was in the Phillips neighborhood in South Minneapolis for under $70,000.00. The next home I bought was in Chanhassen for $84,000.00. I want to reiterate what Colleen said. I think we do have a commitment to affordable housing. A couple of teachers are in the group over there. I also teach and anyone that's in education knows that what methods we're supposed to use swings wildly and if there's one pocket of a method that doesn't work, we come up with something else to make it work and I think some of the things that we've all read in the newspaper has made it, has hung the hat of affordable housing on one project in the City of Chanhassen, and that quite honestly is not the commitment that this group of people and this staff has for affordable housing in the city. At the risk, as Councilwoman Dockendorf says, of sounding defensive, we always need to look beyond what we read to really find out what the truth is and I think there's a group of people, at least sitting behind this table that is committed to affordable housing and it will happen in this city. But if a plan doesn't work, we need to find something that will work and we will do that. And this took me by surprise but quite honestly this helped. Your talk helps me reaffirm my belief in affordable housing so thanks for coming in. CONDITIONAL USE PERMIT REQUEST TO ALLOW A COMMERCIAL KENNEL, COMMERCIAL STABLE, TWO BUILDINGS ON A SINGLE LOT, SITE PLAN REVIEW FOR THE COMMERCIAL KENNEL AND STABLE; VARIANCE TO ALLOW A METAL BUILDING AND A PYLON SIGN IN A BF, FRINGE BUSINESS DISTRICT, LOCATED ON THE NORTHEAST CORNER OF HIGHWAY 212/169 AND TH 101; PAWS, CLAWS AND HOOVES PET BOARDING, NANCY LEE AND PATRICK BLOOD. Sharmin A1-Jaff: Thank you Mr. Mayor and members of the City Council. I'll make this very brief. On August 12th the City Council discussed this application at length. There was no opposition to the proposed use, or the pylon sign. However, the City Council denied the use of corrugated metal as the main exterior material. The applicant was instructed to investigate other types of materials for at least the exterior of the stable building. We spoke to the applicant after the meeting and was informed that for financial reasons they cannot change the materials. Staff is recommending approval of the proposal with modifications to the conditions of approval. Specifically relating to the exterior materials. Using metal siding on one building, which is the stable but the other building which is the commercial kennel, would be constructed of wood, stucco, brick, cut face rock or tilt-up panels with some architectural relief. Thank you. Mayor Chmiel: Thank you Sharmin. The applicant is here. Is there something that you'd like to say at this time? Nancy Lee: I think.., and for the most part.., several hundred thousand dollars more for the project. It's not economically... That's a real big concern. We looked at materials and on keeping it clean. Personally I wouldn't want to leave my dog there and...and I think that should be a real important concern because it is...If you have any other questions, I'll be ready to answer them. Mayor Chmiel: Are there any questions? City Council Meeting - August 26, 1996 Councilwoman Dockendorf: Nancy, have you looked into more about the elimination of feces, etc? Have you looked into that issue anymore? Nancy Lee: No I didn't. To be quite honest after we were denied...last meeting...to be quite honest I did not want to put a lot of time into it...which is almost the entire length of the building along almost a 100 foot building is where the outdoor kennels are and the kennels are every 12 feet so there's going to be a 13 foot roof line over that so I'm not really sure why a metal building would not be proper. No one's going to be able to see it. The distance it's back, much less the distance it's off of Highway 212... Mayor Chmiel: Mark. Councilman Senn: Sharmin, can you clarify for me where, in relationship, Sharmin. How... proposed resolution. Sharmin A1-Jaff: A motion was made to approve. Kate Aanenson: Condition number 17 was the one that was modified. Councilman Senn: That's on building materials? Kate Aanenson: Correct. Councilman Senn: Okay. How was the disposal? Kate Aanenson: I believe that was number 10 on page 7. As far as necessary permits and that would include disposal, and we added Carver County because they were the ones that raised some of the issue about spreading manure and it relates back to what we had concerns with natural wetlands, which still hasn't been delineated and which we still have some concerns... Still had some concern about how close the wetland is to the natural wetland. So that's why we added Carver County to make sure that we're concerned about the runoff from that into the wetland. So to change it, we show... Councilman Senn: No other questions. Mayor Chmiel: I guess I don't have any other questions either. Thank you. I just thought I'd like to mention something this evening. Last Thursday I happened to just dial in our Council meeting for probably about 15 to 20 minutes and I noticed that we were having some problems with projecting over the microphones and if I would ask staff to please bring those microphones up close so that people here can hear as well as the people that are viewing it. Maybe that would help some. Thank you. Is there any other discussion? Colleen? Councilwoman Dockendorf: Sure. Well, I mean the last time we voted on this I was not in the majority. I think their proposal, if they can figure out how to dispose of the waste and get that wetland delineated so we know we're not causing eventual hazards there, I don't have a problem with a metal building. I think Ms. Lee makes a very good point insofar as the dog runs are quite a ways out from the building. It's completely screened by natural resources around it so I see no reason to deny it. Mayor Chmiel: Okay, Mike. Councilman Mason: I don't know. This is a tough one. We have ordinances that say we can't have metal buildings, for very good reasons I might add. But now we have a situation that it's out of the way. Nobody's going to see it. So why don't we allow it? Now I think we all need to wrestle with that. Certainly at first blush I say no problem. But as I voted with Colleen on the issue. But then what do we say to the next group that comes in with a metal building that can be seen? That's the only issue I'm wrestling with right now on this. That's my only issue. Councilwoman Dockendorf: Well can't we attach findings to this for extraneous reasons? Such as... City Council Meeting - August 26, 1996 Councilman Mason: Yes Mr. City Attorney. Mayor Chmiel: If I could just say something to this. I think that Mike's comments are very well done and would be the position that I would take. I have concerns with those buildings, even though they may be screened, with shrubs. Not shrubs but trees and evergreens and whatever. That's one particular area that we have been looking at for an awful long time. Even before my time and people in and adjacent to that area are saying, why are we not being treated equally as the Highway 5 corridor? Is we allow one metal building in, how can we then stop the others even with conditions? They can take it forward and bring it back in and say, we'll do everything that we're going to do to comply with that and we will plant trees around it so you wouldn't see it. But yet it's still not upgrading that specific corridor and I guess that's my concern. Roger. Roger Knutson: You certainly have the right to distinguish between different locations and if you find that a metal building is appropriate because of this particular situations, certainly you can do that. If somebody comes back in a situation that's not the same, you find it to be different, you don't have any legal problems in turning down a request for a different application. The courts, City Councils frequently talk about equal protection or precedent or... The courts say that unless essentially an identical applications come in at the same time, are pending at the same time, you have no obligation to grant approval to one person just because you've done it for someone else. You have the right first, to change your mind and second, to distinguish between the situations. So if you want to give approval based upon these particular circumstances, you can point out those circumstances for the record and... Mayor Chmiel: Good, thank you. Mark. Councilman Senn: I don't really have a lot to offer...I did offer a compromise and I wish the compromise would have...in 25 to 30 years of construction development, you can't convince me that metal is a better use in this purpose... Mayor Chmiel: Okay, thank you. I guess one thing too that I was just going to add is the fact that we have one time to do what's right before we establish a precedent within a particular area and if we don't do it right, we're going to have problems, and Councils after us are going to have problems. So with that I would entertain a motion in regards to the proposal. Councilwoman Dockendorf: Well I would move the Paws, Claws and Hooves Pet Boarding Site Plan #96-8, including a conditional use permit and variance to allow metal buildings and pylon signs in the BF District, with a change to condition number 17. So it should read, I guess we just don't need a condition there. We did want some architectural relief on the expanse of it however. Is that dealt with somewhere else? Sharmin A1-Jaff: No. Councilwoman Dockendorf: Didn't we talk about last time that they needed some type of interest? Kate Aanenson: There was a lot of things discussed. I guess we understood this as the direction that you wanted. You originally voted to deny it. Then you reconsidered your vote and said, Mark offered a compromise of metal siding on the one building as the other alternative.., metal building so that's what we understood the direction as far as a compromise. Councilwoman Dockendorf: I guess we're going to offer that we strike condition number 17 altogether. Councilman Mason: Would you consider Findings of Fact on why you would allow metal siding then? Councilwoman Dockendorf: Yes. City Council Meeting - August 26, 1996 Councilman Mason: I will second that. Mayor Chmiel: We have a motion on the floor with a second. Councilwoman Dockendorf moved, Councilman Mason seconded to approve Site Plan Review #96-8 for the construction of an 8,152 square foot commercial stable and 12,936 square foot commercial kennel with a variance to allow a metal building for the stable only and a pylon sign in a BF, Fringe Business District, as shown on the plans dated June 14, 1996, subject to the following conditions: 1. The applicant and/or contractor shall notify the City upon encountering any existing drain tile on the site. The City will determine whether or not the drain tile can be abandoned or relocated. All construction vehicles shall access the site at approved rock construction entrances only. Haul routes shall be pre-approved by the City. The applicant will be required to maintain haul routes and clean the streets of any dirt and mud accumulated from vehicles tracking. Any damage to City streets, curbs or other public facilities will be the responsibility of the applicant. Type 3 erosion control fence shall be installed adjacent to wetlands. Type 1 shall be installed on the remainder of the site. Additional silt fence or rock filter dikes shall be constructed at the culvert inlets. Erosion control measures shall be in place and maintained at all times until the site has been fully restored, revegetated, and removal is authorized by the City. 4. Storm drainage calculations shall be submitted to the City Engineer to verify culverts are sized correctly. 5. The applicant shall obtain and receive the necessary permits from the regulatory agencies such as the Watershed District, MnDOT, and the Chanhassen Building Department. The access drive shall intersect Trunk Highway 101 at a 90° angle. All drive aisles shall be paved with a bituminous surface a minimum of 24-feet wide. The curb shall be a rolled bituminous and the drive aisles shall be constructed to a 7-ton design up to the kennel. The gravel portion past the kennel shall also be constructed to a 7 ton design and may be 22 feet wide and inspected periodically. The maximum grade for the drive aisles shall be 10% (Section 20-1118). 7. The waste water holding tank and/or proposed drainage swale shall be relocated to avoid potential contamination of the stormwater runoff. The applicant will need to develop a sediment and erosion control plan in accordance with the City's Best Management Practice Handbook and the Surface Water Management Plan requirements for new developments. The plan shall be submitted to the City for review and formal approval. Type 1 erosion control fence shall be installed around the downstream side of the construction limits and Type 3 erosion control along the perimeter of the wetlands. Rock construction entrances shall be employed and maintained at all access points until the street has been paved with a bituminous surface. 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. 10. The applicant shall provide a storm water runoff plan that does not drain directly to the wetland. A water quality pond to pre-treat stormwater shall be constructed adjacent to the wetland outside the street right-of- way. The pond shall be designed in accordance with "NURP" standards. Detailed pond calculations shall be submitted to the City for review and approval. A wet meadow seed mix should be used to encourage native plants in and around the wetland. City Council Meeting - August 26, 1996 11. The applicant shall retain a professional wetland delineator to determine the wetland edge and, if necessary, adjust the development accordingly. 12. Building Official Conditions: Install holding tanks(s) to directly receive wastewater and toilet room waste, with tanks sized and monitored in a manner approved by the City. Obtain a feedlot permit from Carver County. Provide covered, containerized onsite storage for animal waste in a manner approved by the City. Provide copies of solid waste disposal contract(s) to the City. Contract(s) must provide for continuous disposal of all solid animal waste generated. 13. Fire Marshal Conditions: Dead end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. Pursuant to UFC Section 10.204 ©. Submit radius turns for the west driveway on the stable. Fire lanes signage in accordance with Chanhassen Fire Department/Fire Prevention Policy 06-1991 shall be installed on the service road starting at the west end of the kennel to the east end of the stable. This is to assure that fire apparatus will have access in the event of a fire. Driving surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with a surface as to provide all weather driving capabilities pursuant to UFC Section 10-204. (b) Submit road design to City Engineer and Fire Marshal for review and approval. Submit radius turns from the driveway off State Hwy. 101. Comply with Fire Department/Fire Prevention Policy 29-1992 regarding premise identification. Additional numbers will be required at the driveway entrance. Number size and location must be approved by the Fire Marshal. Timing of insulation on fire protection including fire apparatus access roads for fire protection, is required to be installed. Such access road shall be installed and made serviceable prior to and during the time of construction. Pursuant to UFC Section 10-502. 14. The applicant must install tree protection fencing at the grading limits near any existing trees. Fencing must be installed at the time of the silt fence installation. 15. A complete sign plan shall be submitted to the City for review and approval by the Planning Commission and City Council. 16. The applicant shall provide proof of parking for 38 parking spaces. The City has the right to require the applicant to provide these additional spaces if staff determines that additional spaces are needed. All parking spaces shall be screened from views from Highway 212, as required in the site plan ordinance. 17. Deleted. 18. Five trailer parking spaces and six vehicle parking spaces shall be provided by the Commercial Stable. The applicant shall show proof of parking for seven horse trailer spaces and six vehicle parking spaces for a total of 12 horse trailer parking spaces and 12 vehicle parking spaces. Should the need arise for the City Council Meeting - August 26, 1996 additional spaces, the applicant will be required to provide them. Adequate turnaround for vehicles with trailers attached to them shall be provided. The turnaround shall be approved by the Stable Inspector. All parking spaces shall be screened from views from Highway 212, as required in the site plan ordinance. Screening shall be provided in the form of vegetation and berming. The City Council also approves of Conditional Use Permit 96-3 to allow a commercial kennel and commercial stable in a Fringe Business District, and a conditional use permit to allow more than one principal building on a single lot; as shown on plans dated received June 14, 1996, with the following conditions: 1. All structures on the site must be in compliance with Chapter 5, Articles II and III. 2. The following criteria relates to commercial kennels for dogs and cats: Housing enclosures for dogs and cats shall be at least two hundred (200) feet from any neighboring residential structure used for human habitation. The proposed chain link fence which will surround each dog compartment shall be sturdy to keep dogs confined. Accumulations of feces shall be located at least two hundred (200) feet from any well. The applicant is showing a waste water holding tank located 180 feet from a well location however, they have not shown the location of feces accumulation. Such information must be provided. All accumulations of feces shall be removed at such periods as will ensure that no leaching or objectionable odors exist, and the premises shall not be allowed to become unsightly. e. All dogs and cats shall be housed indoors overnight (8:00 p.m. to 7:00 a.m.). All dogs and cats shall be housed indoors when the commercial kennel employee(s) is not present at the subject property. Dogs are not allowed to habitually bark in a manner considered a nuisance as defined by the City Code or Nuisance Ordinance. Outdoor exercise (dog runs) confinement areas shall be screened and buffered. Such screening and buffering may be accomplished by using berms, fencing, a green belt planting strip (evergreens), or natural topography. i. The following conditions must be upheld in regard to the site's animal quarters: 1) Indoor housing facilities must be structurally sound with ample heat, light, and ventilation. 2) Animals kept outside must have continual access so animals can get in and out to shelter and protect them from sun, rain, and snow. 3) If animals are confined by chains, such chains must be attached so not to become entangled with chains of other dogs. 4 Individual animal enclosures must be of a size to allow each dog to turn around fully, stand, sit, and lie in a comfortable condition. City Council Meeting - August 26, 1996 5) The temperature of indoor housing facilities shall not be less than 50 degrees Fahrenheit for dogs not accustomed to lower temperatures. 6) Disposal facilities are provided to minimize virus infestation, odors, and disease hazards. 7) Adequate storage and refrigeration is provided to protect food supplies against contamination and deterioration. 3. The following criteria relates to commercial stables for horses: Minimum acreage for two horses shall be one and one-half acres and for three horses shall be two acres, and additional one-third acre shall be required for each additional horse. The site has an area of 13.16 acres allowing a maximum number of 35 horses. The area where horses are kept shall be enclosed by a sturdy wood, metal, or electrical fence which will keep the animal or animals confined within. The shelter or stabling facility shall be clean and sanitary such that it will not be a harborage for rodents, flies and insects. Keeping, storing, stabling, or maintenance of horses shall not directly contribute to the pollution of any public body of water. Covered, containerized solid waste storage is required. The operation will be generating large amounts of solid waste. To prevent run off from the site, waste awaiting disposal should be covered to protect it from rain and snow, and contained within barriers to keep it consolidated in a designated area. e. Accumulations of manure shall be located at least one hundred feet from any well. All accumulations of manure shall be removed at such periods as will ensure that no leaching or objectionable odors exist, and the premises shall not be allowed to become unsightly. All dog runs must maintain a minimum of two hundred (200) feet from wetland area, 50 feet from public or private road right-of-way, and 200 feet from an adjacent single family residence or a minimum of fifty feet from a side or rear lot line, whichever is greater. The applicant shall obtain a permit from the City to maintain and operate the commercial kennel and stable as regulated by the City Code. Both commercial kennel and stable shall be enclosed or fenced in such a manner as to prevent the running at large or escape of animals confined therein. Both commercial kennels and stables shall be open for inspection by the City authorities at any time. The applicant is showing light fixtures shielded under the roof canopy. All light must meet ordinance requirements. Only shielded fixtures are allowed and the applicant shall demonstrate that there is no more than 1/2 foot candles of light at the property line as required by ordinance. A detailed lighting plan should be submitted when building permits are requested. No outdoor speakers are allowed. The applicant must apply and obtain all necessary permits from regulatory agencies such as Lower Minnesota Water Shed, Minnesota Pollution Control Agency, U.S. Army Corps of Engineers, Carver County, etc. City Council Meeting - August 26, 1996 11. Only animal carcasses are permitted to be cremated. A temperature monitor must be attached to the crematory. The City may require testing of the ashes. 12. The applicant must supply the city with monthly waste tracking log submitted on monthly bases. Such log should be signed by the landfill operator where the feces are being disposed of. 13. Five trailer parking spaces shall be provided. The applicant shall show proof of parking for the remaining seven spaces for a total of 12 horse trailer parking spaces. Should the need arise for the additional spaces, the applicant will be required to provide them. Adequate turnaround for vehicles with trailers attached to them shall be provided. The turnaround shall be approved by the Stable Inspector. All parking spaces shall be screened from views from Highway 212, as required in the site plan ordinance. 14. The applicant shall show the location of hay storage. 15. The applicant shall show the area where horses will be allowed to graze and exercise outdoors. The current trail located north of the site does not allow any horses. The applicant shall meet with the City's Stable Inspector prior to issuance of a building permit to provide answers and comply with the three previous conditions (13, 14, and 15) outlined above. Councilwoman Dockendorf and Councilman Mason voted in favor. Mayor Chmiel and Councilman Senn voted in opposition. The motion failed with a tie vote of 2 to 2. Mayor Chmiel: We'll have to bring this back one more time when Steve is here for this. Roger Knutson: The motion fails. Mr. Mayor? Mayor Chmiel: Yes. Roger Knutson: If you wanted to, this won't pass it here I guess. I would just suggest if you wanted to, you could approve it without...with no metal siding. Even though the applicant does not like that condition, if you think that's appropriate, you could make that motion. Mayor Chmiel: Well I think as it reads within item 17 as brought up, that be consistent with the site plan ordinance requirements, wood, stucco, brick, cut face block or tilt up panels, with architectural relief. Roger Knutson: So if the majority of the Council is in favor...then you could pass that. Then they'd still have the choice of proceeding or not proceeding. Mayor Chmiel: Right. And leave item 17 in. Roger Knutson: Correct. That probably wouldn't be the applicant's choice... Councilman Mason: Can I make that motion having seconded Colleen's motion? Roger Knutson: Certainly. Councilman Mason: I'll move approval of Paws, Claws and Hooves Pet Boarding Site Plan #96-8, Conditional Use Permit #96-3 and variance to allow metal building and pylon sign in the BF District as stated in the staff report, which includes item 17. Building material for commercial kennel shall be consistent with site plan ordinance requirements. The stable may be constructed of metal siding. Mayor Chmiel: Okay. Is there a second? City Council Meeting - August 26, 1996 Councilwoman Dockendorf: I will second it. Councilman Senn: Point of clarification. When you just read that you said, approval of variance to allow a metal building and a pylon sign. Councilman Mason: Okay, you're correct. I was reading the subject heading. I will re-state my motion. Approve Site Plan #96-8 for construction of 8,152 square foot commercial stable, 12,936 square foot commercial kennel with a variance to allow a metal building for the stable only and pylon sign in the BF, Fringe Business District as shown in plans dated June 14, 1996 with conditions as stated in the staff report. Mayor Chmiel: It's been moved and seconded in regard to that proposal and still...leaving in item 17 as per the staff report says. Councilman Mason moved, Councilwoman Dockendorf seconded to approve Site Plan #96-8 for the construction of an 8,152 square foot commercial stable and 12,936 square foot commercial kennel with a variance to allow a metal building for the stable only and a pylon sign in the BF, Fringe Business District, as shown on the plans dated June 14, 1996 with the following conditions: The applicant and/or contractor shall notify the City upon encountering any existing drain tile on the site. The City will determine whether or not the drain tile can be abandoned or relocated. All construction vehicles shall access the site at approved rock construction entrances only. Haul routes shall be pre-approved by the City. The applicant will be required to maintain haul routes and clean the streets of any dirt and mud accumulated from vehicles tracking. Any damage to City streets, curbs or other public facilities will be the responsibility of the applicant. Type 3 erosion control fence shall be installed adjacent to wetlands. Type 1 shall be installed on the remainder of the site. Additional silt fence or rock filter dikes shall be constructed at the culvert inlets. Erosion control measures shall be in place and maintained at all times until the site has been fully restored, revegetated, and removal is authorized by the City. Storm drainage calculations shall be submitted to the City Engineer to verify culverts are sized correctly. The applicant shall obtain and receive the necessary permits from the regulatory agencies such as the Watershed District, MnDOT, and the Chanhassen Building Department. The access drive shall intersect Trunk Highway 101 at a 90° angle. All drive aisles shall be paved with a bituminous surface a minimum of 24-feet wide. The curb shall be a rolled bituminous and the drive aisles shall be constructed to a 7-ton design up to the kennel. The gravel portion past the kennel shall also be constructed to a 7 ton design and may be 22 feet wide and inspected periodically. The maximum grade for the drive aisles shall be 10% (Section 20-1118). The waste water holding tank and/or proposed drainage swale shall be relocated to avoid potential contamination of the stormwater runoff. The applicant will need to develop a sediment and erosion control plan in accordance with the City's Best Management Practice Handbook and the Surface Water Management Plan requirements for new developments. The plan shall be submitted to the City for review and formal approval. Type 1 erosion control fence shall be installed around the downstream side of the construction limits and Type 3 erosion control along the perimeter of the wetlands. Rock construction entrances shall be employed and maintained at all access points until the street has been paved with a bituminous surface. City Council Meeting - August 26, 1996 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. 10. The applicant shall provide a storm water runoff plan that does not drain directly to the wetland. A water quality pond to pre-treat stormwater shall be constructed adjacent to the wetland outside the street right-of- way. The pond shall be designed in accordance with "NURP" standards. Detailed pond calculations shall be submitted to the City for review and approval. A wet meadow seed mix should be used to encourage native plants in and around the wetland. 11. The applicant shall retain a professional wetland delineator to determine the wetland edge and, if necessary, adjust the development accordingly. 12. Building Official Conditions: Install holding tanks(s) to directly receive wastewater and toilet room waste, with tanks sized and monitored in a manner approved by the City. Obtain a feedlot permit from Carver County. Provide covered, containerized onsite storage for animal waste in a manner approved by the City. Provide copies of solid waste disposal contract(s) to the City. Contract(s) must provide for continuous disposal of all solid animal waste generated. 13. Fire Marshal Conditions: Dead end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. Pursuant to UFC Section 10.204 ©. Submit radius turns for the west driveway on the stable. Fire lanes signage in accordance with Chanhassen Fire Department/Fire Prevention Policy 06-1991 shall be installed on the service road starting at the west end of the kennel to the east end of the stable. This is to assure that fire apparatus will have access in the event of a fire. Driving surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with a surface as to provide all weather driving capabilities pursuant to UFC Section 10-204. (b) Submit road design to City Engineer and Fire Marshal for review and approval. Submit radius turns from the driveway off State Hwy. 101. Comply with Fire Department/Fire Prevention Policy 29-1992 regarding premise identification. Additional numbers will be required at the driveway entrance. Number size and location must be approved by the Fire Marshal. Timing of insulation on fire protection including fire apparatus access roads for fire protection, is required to be installed. Such access road shall be installed and made serviceable prior to and during the time of construction. Pursuant to UFC Section 10-502. 14. The applicant must install tree protection fencing at the grading limits near any existing trees. Fencing must be installed at the time of the silt fence installation. City Council Meeting - August 26, 1996 15. A complete sign plan shall be submitted to the City for review and approval by the Planning Commission and City Council. 16. The applicant shall provide proof of parking for 38 parking spaces. The City has the right to require the applicant to provide these additional spaces if staff determines that additional spaces are needed. All parking spaces shall be screened from views from Highway 212, as required in the site plan ordinance. 17. Building material for the commercial kennel shall be consistent with the Site Plan Ordinance requirements (wood, stucco, brick, cut face block or tilt up panels with architectural relief). The stable may be constructed of metal siding. 18. Five trailer parking spaces and six vehicle parking spaces shall be provided by the Commercial Stable. The applicant shall show proof of parking for seven horse trailer spaces and six vehicle parking spaces for a total of 12 horse trailer parking spaces and 12 vehicle parking spaces. Should the need arise for the additional spaces, the applicant will be required to provide them. Adequate turnaround for vehicles with trailers attached to them shall be provided. The turnaround shall be approved by the Stable Inspector. All parking spaces shall be screened from views from Highway 212, as required in the site plan ordinance. Screening shall be provided in the form of vegetation and berming. And the City Council also approves Conditional Use Permit #96-3 to allow a commercial kennel and commercial stable in a Fringe Business District, and a conditional use permit to allow more than one principal building on a single lot as shown on the plans dated Received June 14, 1996, with the following conditions: 1. All structures on the site must be in compliance with Chapter 5, Articles II and III. 2. The following criteria relates to commercial kennels for dogs and cats: Housing enclosures for dogs and cats shall be at least two hundred (200) feet from any neighboring residential structure used for human habitation. The proposed chain link fence which will surround each dog compartment shall be sturdy to keep dogs confined. Accumulations of feces shall be located at least two hundred (200) feet from any well. The applicant is showing a waste water holding tank located 180 feet from a well location however, they have not shown the location of feces accumulation. Such information must be provided. All accumulations of feces shall be removed at such periods as will ensure that no leaching or objectionable odors exist, and the premises shall not be allowed to become unsightly. e. All dogs and cats shall be housed indoors overnight (8:00 p.m. to 7:00 a.m.). All dogs and cats shall be housed indoors when the commercial kennel employee(s) is not present at the subject property. Dogs are not allowed to habitually bark in a manner considered a nuisance as defined by the City Code or Nuisance Ordinance. Outdoor exercise (dog runs) confinement areas shall be screened and buffered. Such screening and buffering may be accomplished by using berms, fencing, a green belt planting strip (evergreens), or natural topography. City Council Meeting - August 26, 1996 The following conditions must be upheld in regard to the site's animal quarters: 1) Indoor housing facilities must be structurally sound with ample heat, light, and ventilation. 2) Animals kept outside must have continual access so animals can get in and out to shelter and protect them from sun, rain, and snow. 3) If animals are confined by chains, such chains must be attached so not to become entangled with chains of other dogs. 4 Individual animal enclosures must be of a size to allow each dog to turn around fully, stand, sit, and lie in a comfortable condition. 5) The temperature of indoor housing facilities shall not be less than 50 degrees Fahrenheit for dogs not accustomed to lower temperatures. 6) Disposal facilities are provided to minimize virus infestation, odors, and disease hazards. 7) Adequate storage and refrigeration is provided to protect food supplies against contamination and deterioration. 3. The following criteria relates to commercial stables for horses: Minimum acreage for two horses shall be one and one-half acres and for three horses shall be two acres, and additional one-third acre shall be required for each additional horse. The site has an area of 13.16 acres allowing a maximum number of 35 horses. The area where horses are kept shall be enclosed by a sturdy wood, metal, or electrical fence which will keep the animal or animals confined within. The shelter or stabling facility shall be clean and sanitary such that it will not be a harborage for rodents, flies and insects. Keeping, storing, stabling, or maintenance of horses shall not directly contribute to the pollution of any public body of water. Covered, containerized solid waste storage is required. The operation will be generating large amounts of solid waste. To prevent run off from the site, waste awaiting disposal should be covered to protect it from rain and snow, and contained within barriers to keep it consolidated in a designated area. e. Accumulations of manure shall be located at least one hundred feet from any well. All accumulations of manure shall be removed at such periods as will ensure that no leaching or objectionable odors exist, and the premises shall not be allowed to become unsightly. All dog runs must maintain a minimum of two hundred (200) feet from wetland area, 50 feet from public or private road right-of-way, and 200 feet from an adjacent single family residence or a minimum of fifty feet from a side or rear lot line, whichever is greater. The applicant shall obtain a permit from the City to maintain and operate the commercial kennel and stable as regulated by the City Code. City Council Meeting - August 26, 1996 Both commercial kennel and stable shall be enclosed or fenced in such a manner as to prevent the running at large or escape of animals confined therein. 7. Both commercial kennels and stables shall be open for inspection by the City authorities at any time. The applicant is showing light fixtures shielded under the roof canopy. All light must meet ordinance requirements. Only shielded fixtures are allowed and the applicant shall demonstrate that there is no more than ½ foot candles of light at the property line as required by ordinance. A detailed lighting plan should be submitted when building permits are requested. 9. No outdoor speakers are allowed. 10. The applicant must apply and obtain all necessary permits from regulatory agencies such as Lower Minnesota Water Shed, Minnesota Pollution Control Agency, U.S. Army Corps of Engineers, Carver County, etc. 11. Only animal carcasses are permitted to be cremated. A temperature monitor must be attached to the crematory. The City may require testing of the ashes. 12. The applicant must supply the city with monthly waste tracking log submitted on monthly bases. Such log should be signed by the landfill operator where the feces are being disposed of. 13. Five trailer parking spaces shall be provided. The applicant shall show proof of parking for the remaining seven spaces for a total of 12 horse trailer parking spaces. Should the need arise for the additional spaces, the applicant will be required to provide them. Adequate turnaround for vehicles with trailers attached to them shall be provided. The turnaround shall be approved by the Stable Inspector. All parking spaces shall be screened from views from Highway 212, as required in the site plan ordinance. 14. The applicant shall show the location of hay storage. 15. The applicant shall show the area where horses will be allowed to graze and exercise outdoors. The current trail located north of the site does not allow any horses. The applicant shall meet with the City's Stable Inspector prior to issuance of a building permit to provide answers and comply with the three previous conditions (13, 14, and 15) outlined above. Councilwoman Dockendorf and Councilman Mason voted in favor. Councilman Senn and Mayor Chmiel voted in opposition. The motion failed with a tie vote of 2 to 2. Councilwoman Dockendorf: Still fails then. We need 4/5th's. Mayor Chmiel: Yeah. Roger Knutson: This is a conditional use. You need the majority of the entire Council. Mayor Chmiel: Yeah, you need 4/5th's. Roger Knutson: No, this is not a rezoning. Mayor Chmiel: Oh, that's right. It's a conditional use, that's right. So it fails. Councilwoman Dockendorf: No. Mayor Chmiel: Yes. City Council Meeting - August 26, 1996 Roger Knutson: You need three positive votes. Councilwoman Dockendorf: I thought the Mayor... Mayor Chmiel: No. I was just going to say something. I understand the applicant's problem but yet it is still starting with another metal building in that particular area. If we're ever going to clean that up, that is establishing again a precedent. So I guess on this particular issue I would have to vote no. Councilman Senn: The reason I voted no is the same reason I stated last time. I'd be happy to advocate a metal building for stable use only so long as there are some special conditions attached to it as it relates to for city use and for city disposal and other things like that which would allow us some very special conditions attached to that project that effectively is not creating a situation that would be very easy to duplicate...that compromise is not acceptable... Councilwoman Dockendorf: Did you have specifics in mind as to what you wanted? Councilman Senn: Well it's a little hard to get specific. My suggestion last meeting was that they go talk to Scott and his people and work out... Nancy Lee: ...I'm sorry...but I did talk to. Mayor Chmiel: Would you like to come up to the microphone and indicate what. Nancy Lee: Yeah, if it helps... I have talked to those people. I have talked to everybody on our concept. Even Carver County, the DOT. Everyone and I think you're overlooking a lot of that. But yes I did check with those people. Councilman Senn: And? Nancy Lee: They didn't really suggest anything. They said after it passes come back and talk to me... Councilman Senn: Is that true... ? Kate Aanenson: Nothing was communicated to us. Councilman Senn: There's nothing in the report saying they did otherwise. Mayor Chmiel: Roger. Roger Knutson: Mayor, I would suggest that a motion would be in order to direct staff to prepare Findings of Fact... consistent with your action tonight. Mayor Chmiel: Okay. Councilman Mason: If I may. You know we're certainly all entitled to our own opinions here. I'm confused by this and I don't feel as though we need to make people jump through hoops to get things here and I kind of feel that's just what happened here and maybe I'm missing something but I, a compromise was offered and it may not have been exactly the way some people on Council wanted it but it seems like we're heading in the right direction here and I'm quite honestly confused by the turn of events. Mayor Chmiel: Okay, anything more? City Council Meeting - August 26, 1996 Councilman Mason: Nope. Not for me. Mayor Chmiel: If not, as per Roger's discussion indicating the need for, would you re-state that Roger. Roger Knutson: That staff and the City Attorney's office be directed to prepare Findings of Fact consistent with your action.., and be brought back to your next Council meeting. Mayor Chmiel: Alright. Do you need a motion on that portion? Roger Knutson: It'd be helpful. Mayor Chmiel: Okay, I'd so move that. Councilman Senn: Second. Mayor Chmiel moved, Councilman Senn seconded to direct staff to prepare Findings of Fact consistent with the City Council's action denying the request for Site Plan Review #96-8 and Conditional Use Permit #96-3 for Paws, Claws and Hooves Pet Boarding. All voted in favor and the motion carried. TRUCK TRAFFIC AND SPEED ISSUES ON BLUFF CREEK DRIVE~ FILE PW230C. Public Present: Name Address Gary Delaney Diane & Dick Maloney 1161 Bluff Creek Drive 1315 Bluff Creek Drive Charles Folch: Thank you Mr. Mayor, members of the Council. This item was first brought formally to your attention at the July 8th Council meeting where a number of residents along the Bluff Creek corridor raised some concerns about the impacts that they were experiencing due to heavy truck traffic. Noise, speeds of vehicles, using the roadway, etc. As a result the Council directed staff to review this matter. Enclosed in your packets tonight is the staff report dated July 18th, which is also copied and sent to all of the residents who spoke at the previous Council meeting and this staff report basically provides some general background history regarding the roadway. The current conditions and status of the road as well as some municipal state aid information. In the past few weeks the Public Safety department has also conducted a speed survey along the corridor and those results are also included in the packet. Just some brief results of that. They clocked 572 vehicles. The average speed was found to be 33.5 mph. The highest speed recorded was 54 mph and according to the study the majority of the offenders that were found were primarily cars, in terms of vehicles that were found to be exceeding the speed limit. Eleven citations were written during the speed study. Just to go over kind of the executive summary if you will of some of the options that were suggested and considered. The first of which was suggested to remove the municipal state aid designation and/or prohibit truck by imposing a weight restriction or restricting trucks totally from the roadway corridor, and as was discussed in the staff report, this does not appear to be an economically feasible option since municipal state aid dollars were used to construct that road back in 1989 and if we remove that designation or prohibit trucks it will change the classification of the road and the State would look for reimbursement of nearly a half a million dollars for that roadway. It was also suggested to look at implementing all way stop conditions to slow cars down and to discourage truck traffic. I included some information regarding all way stop conditions in the staff report also, and it's pretty clear from studies that have been conducted across the country that using all way stop conditions to control speeds, or for any other inappropriate manner, has actually tended to create some additional problems as motorists realize that it's not installed appropriately. There's disregard for the signs. You can actually increase speeds between intersections as people try to make up time for time that was lost. And you could potentially increase accidents. In any case we did conduct a complete study along this corridor. We related City Council Meeting - August 26, 1996 to the installation of all way stop conditions and we did not find anywhere along the corridor where any of the warrants for the installation of an all way stop condition as outlined in the Minnesota Manual of Uniform Traffic Devices, were not found at any location on the corridor to warrant installation so from that standpoint staff would have to discourage that option. The third option considered was to try to control the intense truck hauling that does occur along the corridor a number of times during summer, particularly when there's a project. Heavy road construction or development project that's either importing material or exporting material from the job site and staffbelieves this can be handled by basically providing language in the standard development contracts of all private development projects which would basically regulate haul routes for the import and export of material. In the same fashion we can provide language in the city standard specs for constructions on each project that would involve the heavy road construction. That would actually again restrict the use of that corridor, if you will, for intense hauling. Import of granular sand material or export of excess material from the job site. And as Scott mentions in his staff report, there's really a couple. In regards to the speed issue. There's really two options you can take there. You can either, if you ask the State to take a look at it, they'll do the same speed survey and they'll say well geez. All the cars, the majority of the cars are going faster. Maybe we should take a look at raising the speeds. I don't think any of the residents want to do that and I'd tend to agree with them. The other option is to control the speed is to have them enforce it. And if that's done I think, if that's the Council's decision to go with a recommendation like that, I think that would certainly have an impact on motorists speed travels along that corridor. But at this point in time staff would recommend taking the steps to provide language in the development contracts, and the standard specs to limit the intense truck traffic. That way it does not hurt in any fashion, does not hurt our MSA status. You're still going to have occasional trucks going up and down the corridor for whatever route but at least you won't have the intense hauling of 30 trucks an hour up and down that corridor, which can tend to happen a dozen or so times or more a summer, depending on what types of projects are going on. Mayor Chmiel: Thank you. Are there any questions? Colleen. Councilwoman Dockendorf: When you talk about putting conditions in development contracts, you're not just talking about road projects in the city of Chanhassen. You're also talking about private. Charles Folch: Both public and private. Councilwoman Dockendorf: Of course we couldn't control any of that happen for the city of Chaska or Carver County but. Charles Folch: No, but if you wish I could certainly approach to see if Chaska and see what type of cooperation we could get with projects that are occurring in that northeast quadrant of the city up there. Councilman Mason: What kind of, I understand this is a MSA, Municipal State Aid system. Because of that, help me out with this Charles. We can't put any weight restrictions on the road then? Charles Folch: That's correct. Other than the spring weight restriction. Into the spring thaw, the road has to be open to 9 ton axle limits throughout the rest of the year. Councilman Mason: I guess my preference then would be to at least on the short term increase traffic patrol and Charles, I like your suggestion of what we can do with developmental contracts and also contacting Chaska and the County of Carver and telling them our situation and see if we can get any cooperation with them. Mayor Chmiel: Yeah, that would be. Mark. Councilman Senn: Effectively all the things have been mentioned in what's being suggested. I think they're fine. I'd still like to see a stop sign along there but... I'd still be willing to work on that. I think it's not a real safe condition there and I don't know if that would slow it down a little bit. City Council Meeting - August 26, 1996 Mayor Chmiel: The only problem is the fact that MnDot would probably shoot that down anyway and it's being...explored with them. I'm sure that if we could, we really should but we really can't unfortunately. Councilman Senn: We can... Mayor Chmiel: So other than that, is there any direction other than what Michael has indicated to pursue that to see if we can have the adjacent cities next to us. Maybe make that a condition of their contract as well. Is there a motion? Councilman Mason: I'll move that and I would also like Charles, if you can, to give Council some feedback on what Chaska and Carver County had to say on it and then maybe we can deal further on it. Mayor Chmiel: Yeah, Gary. Gary Delaney: Well I appreciated the effort that you folks are going through because I think we're finally realizing that it is a critical problem and I'd like to just emphasize some of the safety things. As you may well know, just this last week a motorcyclist going anywhere from 40 to 70 mph was coming down the hill. Missed the turn and...himself on a bush. They had to chop the bush down in order to carve him off. I don't know if he lives or not. This isn't the first accident that's happened there and I don't know what happens to this report. Whether it becomes a part of the permanent record or not but I did have to take exceptional exception to the part that, where it says that in one part of the report is that this study is not yet completed. However I am told that to date there have been no tickets written and in general speeds have been within the law. I sat in a police car across from our place, t 161 Bluff Creek Drive, for about 20 minutes about 2 weeks ago. There was one single car that came down that road that was under 33 mph. He gave two tickets away and he yelled out the window to probably 8 or ta of them, and most of them were between 35 and 40 mph and that's just coming down the hill. But I don't know where this report comes from but there is no one that lives in that area that doesn't know that the speed on that road is just awesome. It is not true that the average speed is at 33 or 34. That is just not the case. You can come and sit in my parlor and I've called some of you on the phone and I've had you there, in terms of the trucks. Those trucks go up and down all the time. When they were doing their report, they had the counter on the highway, but that was at the time when they had road restrictions because they were fixing up the pavement when it bubbled I guess is what you call it. So there were no trucks that were going up and down at the time. There are plenty of 18 wheeler trucks and yes, there are spells when the big belly trucks get rolling and that's what excites everybody. It seems like that you did part of what you suggested here is some of that. Some of the answer. Long term, I guess I'm under the impression that eventually the County and the City will be asked to take parts of TH tat down and be responsible for them after certain upgrades have been made. And along through the years we've talked about making trades. This coalition goes back to 1972 and for some reason this road was decided to be up to the State standard. I don't think anybody ever intended it to be a major roadway as we have to live with it today. Perhaps there is a trade. You guys that put the stuff together, the trade I would guess with MnDot or with services that you have to render to TH tat, maybe you trade this...corridor of space and this little road so you can control it and not have it be a thoroughfare. I don't know if that's feasible or not. But you probably could clarify one thing for me and that has to do with if the toll road should go through, which I personally kind of hopes it does, what would happen to the CR 17 and whether that would render parts of Bluff Creek Drive, well I don't know how it all interconnects and where but it could be that there would be quite a bit added onto it in order to connect onto what I perceive to be CR 17 which would be further down Pioneer Trail. East on Pioneer Trail and so you'd have a handle with that State Aid road and then you might have a half of it that would be built to the less standard. I don't know if any of you follow what I'm saying here but I feel positive that probably TH 212 is going to be built someday and all those.., roads around there are going to be realigned in some fashion or another and you've got this portion of a State Aid road that you may have to abandon anyway because it's going to be expanded some place. More of thing you add on, if it indeed is going to connect onto CR 17 or TH tat or Pioneer Trail. So I'm just suggesting that it could be a long term solution to it but please do whatever you can as far as short term to help those cars going down that street, contrasting what this report says. And I'll bake you some muffins and pour you the best coffee that you've ever had and sit on my porch and every one of you will know that I'm telling you the truth. City Council Meeting - August 26, 1996 Mayor Chmiel: Thanks Gary. Anyone else? Dick Maloney: Hi. I'm Dick Maloney and I live, the first house just over the crest of the hill. I've been there since '72 and we bought out there when it was a gravel road and you know your kids could play jacks in the middle of the road. So you can imagine how I think. And I'd like you all just to kind of close your eyes and visualize wherever you live and having 50 trucks a day, or 50 trucks an hour going by 50 feet from your front door. Just think about it... I mean the road is supposed to be a city street, you know. I mean okay, so the suggestion to put the stop signs. That's the best thing I've ever heard. We've got to slow the vehicles down. They're going to kill somebody. They almost killed, at any rate. You go down, you come over that hill. First off, I can't even come out of my driveway. I have a U shaped driveway. I'm the first driveway. I have to peek out. IfI had to back out, I'd be in trouble. The other driveway, they can't see me at all. The people coming over that hill. And I agree with Gary. He's way down at the bottom of the hill. They've already braked to go over the railroad track or trail, and slow down by the time they even get to him. They're coming over the hill, boy ifI had to average, I'd say 45 to 50. So I don't know where, I never saw a cop car sitting in my yard. But the other day I was driving down the hill and I don't speed on my own road. And just as I got to that trail, three kids on bikes came out. I was doing maybe 25 mph. Those kids didn't stop until halfway across. They're going to get it. And coming up is just as bad. The sight lines on that road, if you want to go to MnDot, they'd crucify you. They really would. And I think the answer is stop signs. Please. At the farm road, if you put some stop signs there and then at least going down the hill. You're going to save somebody's life if you do that. And that should be painted probably because, and to even have a sign saying trail crossing. There's not even that. And it's nuts. They go by there. So at any rate, stop signs and I hear this report. I didn't get the report. I'd like to but I've heard it and to suggest that an all way stop sign would be more dangerous than not having it, I've got a problem with that. So please, can you help us out? I guess that's where I'm coming from. I've heard what you've done for other people around here, and I commend you for that. Now hey, maybe it's our turn. Please. Thanks. Mayor Chmiel: Charles. Charles Folch: Thank you Mr. Mayor. Just to comment on a couple of items that came up. Mr. Delaney's comments on the earlier preliminary staff report from July 18th. The information at that point in time regarding the speed study they had just begun that week and verbally I was told from the Public Safety's office that at that point in time they had not written any tickets to date. The speed study that you see that was included in this report was completed on August 12th, nearly a month later. That includes all the up to date information that was collected. Regarding potential connection of Bluff Creek, and what happens to that with proposed 212. The alignment plans for 212 indicate that Bluff Creek Drive would be actually connected back with a parallel road to 212, back to CR 17. It would intersect CR 17. It would not have a direct connection with 212. Regarding the railroad connection, or the old railroad bed crossing. There is new State law legislation that goes in effect September 1st of this year which states that any pedestrian that's crossing at an intersection, whether it's a designated crosswalk or not, a motorist must stop and yield to the pedestrian. And that they will, MnDot's going to be initiating a big publicity campaign, information campaign if you will, both radio and newspaper, to get the word out of this new legislation that was passed which basically goes into effect that any pedestrian crossing at an intersection, unsignalized intersection, the motorist is required to stop and yield to the pedestrian. Mayor Chmiel: Is there any way that maybe a, if we can't get a stop sign as you've indicated, is there any way that some signage could be put there. Slow, crossing. Charles Folch: What we could do with the railroad crossing is, they've got a new format of signs that will go into effect that basically indicates that motorists must stop. Must yield to pedestrians. We could place that at the proper intervals north and south of the old railroad bed alignment. That can be done. That's basically got a pathway that's crossing there. That can be done. Mayor Chmiel: I think that probably should be. Bicyclists do shoot out. I know I watch the kids on our street as well. They don't slow down for the curve. It scares me as well. City Council Meeting - August 26, 1996 Dick Maloney: Can I make one more comment? Mayor Chmiel: Sure. Dick Maloney: I did discuss this with a couple of civil engineers who do work on roads, and I asked if there was any problems putting in stop signs and they said none whatsoever. If you want, if the citizens want it, put them in. Period. So for whatever that's worth. Councilman Mason: A question for Charles. Charles, in the report it talks about serious, if we were both MSA designation, serious financial implications. What do you mean? Charles Folch: Basically we receive funds from the State. Well, we receive two forms of funding for our road system, municipal state aid road system each year. It's based on the current mileage we have and our population base. We this year I believe received just under $20,000.00 in maintenance dollars that were provided to the city. There is also a construction allotment. Now the construction allotment is not released to the city until you apply for it with an approved municipal state aid road plan improvements. Basically if we were to take a state aid street and improve it, we have to design the plans, as it was done with Bluff Creek Drive. Those plans were submitted to the State. They approved it as a project under state aid standards and then you could basically apply for the annual construction funding. You can actually build up a couple years of funding if you will in the kitty and then request it. Last year I think our allotment was up to a little over half a million dollars for an annual construction allotment. And what that means is, as I indicated in the staff report, they would look at the remaining value of that road like, which was basically a 25 year design. It's about 7 years old so there's about 18 years left. They would prorate the initial investment they have of $670,000.00, which is roughly $470,000.00 in dollar value remaining. If we revoke that, they would basically withhold or basically deduct that from a future year's allotment to the city for construction improvements of MSA roadways. Councilman Mason: So you're saying about half a million dollars? Charles Folch: Correct. Councilman Senn: Okay but from our end, voting to put in a stop sign or asking the State, we're asking the State to put in a stop sign... Charles Folch: You don't need state aid approval to put in stop signs. Councilman Senn: Okay...funding. Charles Folch: You can put in stop signs wherever you like. There's just a system of criteria of warrants that are used to justify the appropriate installation of stop signs but you're able to decide what you want to do. Gary Delaney: Is that true with speed limits too? Charles Folch: No. Speed limits are governed by the Commissioner of Transportation. Every speed limit, whether it's local or a county road or state highway. Gary Delaney: But there are state highways that have 20-25 mph speed limits. Charles Folch: Statutory minimum is 30 mph in the State of Minnesota. Anything that's below 30 mph would have had to receive special approval from the Commissioner of Transportation. Gary Delaney: Is that just a letter? Charles Folch: No, that's almost an act of Congress I believe. City Council Meeting - August 26, 1996 Gary Delaney: Well then this could warrant an act of Congress... Mayor Chmiel: I think Roger, would you just say that. I was eavesdropping on that. Roger Knutson: I was just commenting that the Association of Metropolitan Municipalities... consideration right now of enacting legislation to drop the basic speed limit from 30 to 25. Mayor Chmiel: And once that's. Roger Knutson: I believe Iowa and several other states have already done that. Mayor Chmiel: And once that happens, then it's law and will change all 30 speed limits to 25. Roger Knutson: That's the way it works, yes. Mayor Chmiel: Okay. Councilman Senn: Have we got a motion on the floor? Mayor Chmiel: Not yet. Councilman Mason: I didn't know that this required a motion but you know, there's a lot of emotion involved in putting in stop signs and for what it's worth for you people on Bluff Creek Drive, that's one of my workout routes on a bike because of the hill, so I've been there. I certainly have to defer to the opinion of our city engineers and I am reading here, the Minnesota Manual of Uniform Traffic Control Devices and I'm not convinced that stop signs are the answer there. My first preference, and I will make a motion to this, that I would like to see, my motion is to enforce, rigorously enforce the speed limit and to work with our developmental agreements to keep truck traffic off of Bluff Creek Drive, as well as checking with Carver County and the City of Chaska to see if they'll do the same. And I would like a report back, feedback from the other communities on that and I'd like to do this one step at a time so my motion is to enforce the speed limit and see what we can do with development agreements. Mayor Chmiel: If I could add just as a friendly amendment. To put all adjacent cities. Councilman Mason: Yeah, good. Councilwoman Dockendorf: May I offer another friendly amendment? Councilman Mason: Please do. Councilwoman Dockendorf: To put the trail crossing signs in as well. Councilman Mason: Absolutely. Councilwoman Dockendorf: And I'll second your motion. Mayor Chmiel: Okay. There's a motion on the floor with a second. Councilman Mason moved, Councilwoman Dockendorf seconded to direct the Public Safety Department to rigorously enforce the speed limit, install Trail Crossing signs, and to work with developmental agreements to keep truck traffic off of Bluff Creek Drive, as well as checking with Carver County and all adjacent cities and report back with feedback from the other communities. All voted in favor and the motion carried. City Council Meeting - August 26, 1996 REQUEST FOR SITE PLAN APPROVAL TO CONSTRUCT A 30' X 48' CANOPY OVER THE EXISTING GAS PUMPS AND A SIX (6) FOOT VARIANCE FROM THE 25 FOOT FRONT YARD SETBACK REQUIREMENT~ 7910 DAKOTA AVENUE~ SINCLAIR STATION. John Rask: Thank you Mr. Mayor, members of the Council. Sinclair Oil is requesting site plan approval and a variance to construct a 30 x 48 foot canopy over existing gas pumps. The gas canopy will encroach 6 feet into the required 25 foot setback from Dakota Lane. Other minor improvements are proposed to the building. The proposed canopy will have an overall height of 17.5 feet. The facia of the canopy will contain two white bands. Or excuse me, two green bands with a white background. Signage will be located on the north and east elevations of the canopy and will be back lit. The remainder of the canopy facia will be non-illuminated. The applicants will be removing the existing signs, and I believe they've probably already done some of that off the existing building so there will be no wall signs left on the building. They're doing the signage on the canopy in place of the wall signs on the building. The existing pylon sign will remain on the site. On August 7th the Planning Commission held a public hearing to consider the site plan and variance. The Planning Commission recommended by unanimous vote approval of the site plan with 8 conditions. Condition 2 of that recommendation stated that light levels may not exceed half a foot candle along the property lines. Since the time I wrote the report, I have received some additional information from the applicant on this. The applicant's revised their lighting plan to make use of those shielded fixtures I refer to in the staff report. The original plans called for a lens that actually hung down, which allows light to move vertically as opposed to shining straight down, so they did shield it and lower the canopy. Reduce the light intensity along the property lines. If you notice they're next to nothing along the south property line here. And same holds true with the west and north. Really the only place they don't meet the half a foot candle on the property line is a small segment right here at the drive and I'll let the applicant discuss this a little further. They've done some additional research on the lighting. With that staff is recommending approval of the site plan and variance subject to the 8 conditions outlined in the staff report. I'd be happy to answer any questions. Mayor Chmiel: Any questions for John at this time? I guess there are not. You're lucky. John Rask: Thank you. Mayor Chmiel: Would the applicant come forward and please state your name, your address and who you're representing. Larry Feldsien: Good evening. Mr. Mayor, Council members. My name is Larry Feldsien. I'm with Sinclair Oil Corporation. I have with me tonight Mr. Bill Davis, who is with Sinclair Oil, Ivan Johnson who operates the station on Dakota Avenue, and John O'Neil with the Carins Group who are our lighting specialists. I guess we have worked with the staff and tried to meet all the requirements to meet the ordinances. I guess I would like to call Ivan up here and have him explain to you why he needs the canopy and how his business operates. And then after that I would, we can maybe go into the part of the lighting issue. Mayor Chmiel: Okay. He just doesn't want to get wet. Ivan Johnson: Mayor, Council members. My name is Ivan Johnson. I'm a business owner at Ivan's Sinclair in Chanhassen here. I've been there for 15 years. Basically with everything changing the way it has. With everything new coming in and stuff, I've been after Sinclair to give me a hand and I would buy the canopy if they would let me put it on their existing property and I've been working at that for 8 years, so we're close. So anyway, we're one of the last full service stations around that I know in this area. We even help keep air in the tires during the winter and holidays when everybody else's air things are frozen and stuff like that. It's probably my last point of where I can get, increase the gas volume and compete with the other ones that are around town because of the fact that they all switched from full service stations to selling pop and everything else. In many ways it's probably a better deal but we're going to try and keep, maintain the full service station that we have for a long time and stuff like that so any help would be appreciated. Thank you. Councilman Mason: I've just got a question for you. Did the concrete shortage get taken care of? City Council Meeting - August 26, 1996 Ivan Johnson: Yeah. Yes it did. Councilman Mason: I went to get a propane tank filled there and it truly is a full service station. They were waiting on concrete. Larry Feldsien: Okay, I guess John and I have had quite a few discussions about the lighting issue, and I'd like to have John O'Neil discuss with you a little bit or maybe explain. John if you could put up, I think they might want that diagram. John if you could explain the lighting, and what we're proposing to do and maybe answer any questions that Council might have. John O'Neil: Mr. Mayor, Council members. My name is John O'Neil. I work for the Carin Group. We're a lighting manufacturer's representative in Eden Prairie. Larry contacted me and asked me ifI could give him a hand on getting the lighting laid out with the canopy here. They had a little tight situation on the east side of the canopy and that's only about 19 feet off their property line and so they had tried to meet a half foot candle at the property line at that point but still get enough light to create a safe atmosphere underneath the canopy so that you could come in and buy gas from him. One of the things that we did is we went from what would be the standard drop lens to a flat...fixture which will act an awful lot more like your shoeboxes in your street lights. It throws lights down but they cut it off from the side so you don't get an awful lot of... light moving. One of the other things we did is that if any of you checked on the standard of most the canopies that go up, they use a 400 watt.., source. We have dropped that down to 250 watt source so that essentially it's going to bring it in a little bit more. Bring some of the levels down. What you have up on the overhead is actually it's called a point by point program. I don't know how familiar you are with it. It's a computer based program that takes the total metric distribution of the fixtures and it actually will plot out what you can expect to read on a meter on that area, on the ground. These are maintained levels. So what we, we just add.., the light source with especially the metal.., light source. When you first turn it on, it's not producing full light. It takes about 100 hours for it to burn in. At that point in time it's putting out the most lighting it's going to put out before it burns out. Then it slowly starts to degrade. That's called.., depreciation of the lamp. They figure from a maintenance factor, you go to about half the light for the lamp then you figure that for your foot candle levels. IES recommended levels generally are all based on maintained levels. You also have to look at the environment and you have to figure.., and it kind of comes to a conclusion...gas station with outside lights. The rain washes them. That's about it. So if you're under a canopy, trucks, diesel tractors, they come up underneath. So we ended up running the degradation of what's going to happen in a... situation. The points that we have on here as compared to the gas stations in the area, which would be the Amoco, the Total and Holiday, we're probably about 20% lower than any of those sites. The half foot candle actually we could have a foot candle on what used to be the property line until some of that property is taken back by the city, but that is still left at that point... So again we took a look at some of the other areas. The biggest point in our design obviously basically was for safety. People have to be able to come in. You've got a store that's open at night. We want to make sure that there's enough light there that people don't decide that's a good place to... so if there are any questions. Mayor Chmiel: Are there any questions by Council? Councilwoman Dockendorf: So we're meeting the half foot candle with the exception of the east side? John O'Neil: Just as a couple points on Dakota that are not going to, they're going to be a little bit above. Actually they're really somewhere around, I think the worst case scenario, there's about 1.3 at that portion of the property line. One other note here, there are no street lights on Dakota... so when we came and took these readings we happened to be lucky enough to be out in the rain last night and it's tough to see in there. It's a pretty dark street down Dakota so I don't think... Councilwoman Dockendorf: Thank you. Mayor Chmiel: Mike, anything? City Council Meeting - August 26, 1996 Councilman Mason: I can't resist. This has been an illuminating discussion. I know you've heard that before but I had to say it. Mayor Chmiel: I thought you were going to say you light up my life. Larry Feldsien: Mr. Mayor, Council, do you have any other questions? I guess I'd like to emphasize, well we have already taken the wall signs off. We worked with staffto try and work that trade-offback and forth so we're looking forward to putting this up and adding to our business. Mayor Chmiel: Good, thank you. Is there anyone from the neighborhood that may have any concerns? Seeing none, I guess not. Councilman Mason: A real quick question. Is staff comfortable? I'm sorry, staff's comfortable with that minor variation there along Dakota? John Rask: Yeah. Our primary concern was the, to reduce the light to the neighbors to the south. We have residential right there so we want to reduce that. We're also concerned that there wasn't any bright glares on the street, being this close. I think what this report demonstrated that there... Kate Aanenson: ...close to the McDonald's signs. Councilman Mason: Right, right. Thank you. That's all I needed to hear. Councilman Senn: Move approval. Councilman Mason: Second. Mayor Chmiel: Motion's on the floor with a second. John Rask: Mr. Mayor? Can I just make, to condition 2. It states light levels shall not exceed a half a foot candle. If we could just replace that with light levels shall not exceed the foot candles as shown on the photometry report dated August 27th. Mayor Chmiel: Sure. John Rask: And that they used the 250 watt bulb as opposed to the 500. Councilman Senn: Amendment is accepted. Councilman Mason: Second approves... Councilman Senn moved, Councilman Mason seconded that the City Council approve Site Plan #96-10 for the construction of a 30' x 48' canopy and a 6 foot variance from the front yard setback subject to the plans dated July 5, 1996, and the following conditions: 1. Canopy lighting shall utilize a recessed or shielded fixture to reduce light trespass and glare. 2. The applicant shall prepare a photometry report using the point by point method, at the property line, measuring foot-candles and reflective light. Light levels shall not exceed the foot-candles as shown on the photometry report dated August 27, 1996. City Council Meeting - August 26, 1996 3. The applicant shall submit a landscaping plan consistent with City Ordinances for the area adjacent to Highway 5. The plan should consist of a variety of shrubs and trees. Small berms may also be necessary to help screen the parking area. 4. Signage shall be permitted on the north and east elevation of the canopy only. Wall signs on the building are prohibited. 5. All existing wall signs shall be removed from the building. 6. The height of the canopy shall not exceed seventeen and one-half (17.5) feet. 7. No public address system shall be permitted, except as required by State Law for safety purposes. 8. The canopy lights can only be on during the hours of operation (6:30 a.m. to 10:00 p.m.)." All voted in favor and the motion carried. PRELIMINARY AND FINAL PLAT APPROVAL TO SUBDIVIDE A 0.8 ACRE PARCEL INTO 2 LOTS; LOCATED AT THE CORNER OF LAKE LUCY ROAD AND SHADOW LANE, SHADOW RIDGE 2~'~ ADDITION, COFFMAN DEVELOPMENT. John Rask: Thank you Mr. Mayor, members of the Council. The applicant is proposing to subdivide a .79 acre into two lots. The property contains an existing single family home. This lot was originally a part of Shadow Ridge. Lot 1 contains an existing home and will gain access off of Lake Lucy as it currently does today. Lot 2 will receive access from Shadow Lane. There will be some additional, or modifications to the retaining wall that's currently there. The Planning Commission, after the public hearing did recommend approval of the subdivision with the 12 conditions. With the conditions outlined in the staff report. With that I'd be happy to answer any questions that you may have. Mayor Chmiel: Okay. Are there any questions for John? Okay. Is the applicant here? Is there something that you'd like to cover and would you please state your name and your address and who you're representing. Bill Coffman: Mr. Mayor, members of the Council. My name is Bill Coffman, Coffman Development. Developer of Shadow Ridge and Shadow Ridge 2nd. With me tonight I have A1 Harvey who is the resident on Lake Lucy Road. They have lived there for 31 years. Nothing else to add other than we agree with staff's conditions for approval. I am available for questions if you may have any. Mayor Chmiel: Okay. Are there any questions for the applicant? No. I guess not. Thank you. Is there going to be something that's going to be put on that property showing and designating the property line with a fence or something? John Rask: There is a fence located between the proposed house and existing house. I believe that's Lot 2 of Shadow Ridge and this fence here will be relocated to the back of the property. The site will come down a couple of feet to accommodate the home and to reduce the slope of the driveway. So this will be re-graded to direct storm water towards the street, towards the storm water system. In addition, those trees that are located there next to the fence will also be relocated to the rear of the lot. Mayor Chmiel: Good. Councilwoman Dockendorf: John are these, condition number 11. Those are our standard hours of construction, are they not? Or is it 8:00 on Saturday? City Council Meeting - August 26, 1996 John Rask: I do believe those differ slightly. It's 7:00 to 7:00 is consistent. I believe it's 9:00 to 7:00 on Saturday in our ordinance if I'm not mistaken. Councilwoman Dockendorf: Oh. So this is just cutting short out there. John Rask: Yeah, I think the concern being you have an established neighborhood there and they wanted to reduce the construction hours. Mayor Chmiel: Michael? Mark? Councilman Senn: No. Mayor Chmiel: Is there a motion? Councilwoman Dockendorf: I will make the motion with a comment that I recall when this was originally plotted and it was one of those, geez I wish it could stay the way it was but that's progress I guess. Anyway, I will move approval of the preliminary and final plat for Shadow Ridge 2nd Addition. Councilman Mason: Second. Councilwoman Dockendorf moved, Councilman Mason seconded to approve the preliminary and final plat for Shadow Ridge 2nd Addition as shown on the plat dated June 27, 1996, and subject to the following conditions: The existing home on Lot 1, Block 1 will be required to connect to City water once the well on the property fails. Full park and trail fees shall be paid at the time of building permit approval in the amount in force at the time of building permit application. The applicant and/or contractor shall notify the City upon encountering any existing drain tile on the site. The City will determine whether or not the drain tile can be abandoned or relocated. All construction vehicles shall access the site at approved rock construction entrances only. Haul routes shall be pre-approved by the City. The applicant will be required to maintain haul routes and clean the streets of any dirt and mud accumulated from vehicles tracking. Any damage to city streets, curbs or other public facilities will be the responsibility of the applicant. Erosion control measures shall be in place and maintained at all times until the site has been fully restored, revegetated, and removal is authorized by the City. All areas disturbed as a result of construction activities shall be immediately restored with disc-mulched seed, wood fiber blanket, or sod within two weeks of completion of each activity in accordance with the City's Best Management Practice Handbook. Drainage swales shall be constructed along both the north and south sides of the proposed house to maintain stormwater runoff to the street (Shadow Lane). The existing outbuildings and any septic system or wells on the site shall be abandoned in accordance with City and/or State Codes. 9. The existing driveway along the westerly property line of Lot 2 shall be abandoned. City Council Meeting - August 26, 1996 10. Individual grading, drainage, tree removal and erosion control plans will be required by the City with building permit application for Lot 2. 11. Hours of construction and grading activity shall not exceed 7:00 a.m. to 7:00 p.m. Monday through Friday, and 9:00 a.m. to 5:00 p.m. on Saturday. All voted in favor and the motion carried. CONDITIONAL USE PERMIT REQUEST TO ALLOW A 75 FOOT AMATEUR RADIO TOWER ON APPROXIMATELY 7 ACRES OF PROPERTY, 1225 HESSE FARM CIRCLE, JEFFREY MAY. Sharmin A1-Jaff: Mr. Mayor, members of the City Council. The applicant is requesting approval to locate a 75 foot high self supporting amateur radio tower on a 7 acre parcel located south of Hesse Farm Circle and north of Hennepin County Regional Railroad Authority Trail .... relating to the use in that it requires that the tower either be designed to collapse progressively or they shall be set back from all property lines a minimum distance equal to the height of the tower. The current proposal is consistent with that requirement. There are setbacks greater than the height of the tower provided in all directions. We note that the height of 75 feet for this tower, it will not require a night time lighting to satisfy the Federal Aviation Administration. In many respects the proposal is a reasonable one. The tower is well screened by existing trees. The location is secluded as it's wedged into an area adjacent to the trail and bordered by mature trees to the east, west and south. Staff regards the proposal as reasonable use of the land. We are recommending approval with conditions outlined in the staff report. Thank you. Mayor Chmiel: Thank you. Are there any questions of Sharmin? Is the applicant here? Please state your name and your address. JeffMay: Mr. Mayor, members of the Council. I'm JeffMay and I live at 1225 Hesse Farm Circle. I just wanted to point out one thing. If you look at the staff report, page 5. Just to update the Planning Commission update on paragraph two. It notes that some members present at the meeting voiced their opposition. There were two people here. I subsequently had some private time with them. Showed them what I was doing. I also met with the homeowners group on the 19th. Presented to them and I have a letter from that group that grants approval. So I just wanted to basically point that out. Are there any other questions? Mayor Chmiel: Is this permitted according to your association? Homeowners association. Jeff May: Yes. Mayor Chmiel: It is? I know that we have gotten a few of these antennas within the city and I don't think we've ever experienced one quite 75 feet and that being the high point. JeffMay: Yes sir you have. Mayor Chmiel: Have we? JeffMay: Yes. Yes, this is a tower that I've had for 8 years at 745 Pleasantview Road and I'm simply moving it. Mayor Chmiel: Ah, okay. When was that put in? Jeff May: 1989. Mayor Chmiel: Okay. I was looking at couple others here. One was 33 feet and the other being 45 feet. Being a high point on the bluff, is the need really for a 75 foot? City Council Meeting - August 26, 1996 JeffMay: Yes, I can tell you why. If you look at the property that I have, you'll see that it slopes down greatly. I lose 25 feet in height from where my house sits to where the base of this tower actually is. So if I don't have it up about 75 feet, I'm actually not going to be much more than about 50 feet going to the north. The one thing that I committed to do is keep it below, at or below the northern and eastern tree lines. The western tree lines. You really can't see it. I've had a temporary structure up there for the past few months and no one has ever noticed it. That has ever called me or ever said anything. Any of the neighbors that were interested, I invited them over. They seemed to be satisfied. The tree line is so high that you really cannot. This particular tower is 75 feet, at 745 Pleasant View Road for 7 years and it never caused a problem and it was visible. If you wanted to look for it, if you wanted to really look for it there, you could see it. But the location that it is now, it's going to be very difficult for anybody to see it so from the city point of view, it's going from an area where it was easily seen if you wanted to really look for it to one where it's very difficult to actually find it. Mayor Chmiel: and of course I notice that you have quite a bit of acreage so there isn't any real concerns with that tower falling. Jeff May: No sir. First of all, on two different counts. One of them is, it collapses inward so if the winch broke, it would simply come downward. If a wind made it fall over, it would fall well within my own line. It's 200 and some feet from the nearest property line. Mayor Chmiel: Good. Okay, thank you. Colleen. Councilwoman Dockendorf: No, I have no issues. Mayor Chmiel: Michael. Councilman Mason: None. Mayor Chmiel: Mark. Councilman Senn: No. Mayor Chmiel: Okay. Is there a motion? Councilman Senn: Move approval. Councilman Mason: Second. Councilman Senn moved, Councilman Mason seconded to approve Conditional Use Permit #96-4 as shown in the attached site plan, subject to the following conditions: 1. All existing towers/antennas shall be removed prior to installation of the proposed tower. The tower shall be grounded to protect against natural lightning strikes in conformance with the National Electrical Code, as adopted and amended by the City. 3. Comply with Section 20-915 of the Zoning Ordinance. 4. Obtain all applicable State, County and City permits. All voted in favor and the motion carried. AN INTERIM USE PERMIT AND WETLAND ALTERATION PERMIT REQUEST FOR A GRADING PROJECT TO CONSTRUCT A PLAY AREA AND PARKING LOT IN MINNEWASHTA REGIONAL City Council Meeting - August 26, 1996 PARK; LOCATED ON HIGHWAY 41 APPROXIMATELY ONE-HALF MILE NORTH OF HIGHWAY 5, CARVER COUNTY. Sharmin A1-Jaff: Just a very brief background on this application. In December of 1977 the City of Chanhassen approved a conditional use permit for Minnewashta Regional Park. The intent was to complete construction of the park in phases. The agreement between the City and the County stated that detailed development plans within the proposed park be submitted to the city for review and comment prior to the County itself approving the phases. The proposed grading is the second phase of the approved Lake Minnewashta Regional Park development master plan and the existing conditional use permit issued by the City. The project will provide active play areas, including parking lots for field games and future shelter area. The proposed grading will result in excavating approximately 90,000 cubic yards and in banking 86,000 cubic yards of material. All excavated materials are proposed to remain on site. Wetlands exist to the west of the proposed area to be graded. Silt fences are proposed around the entire area to protect the wetlands from erosion. Wetlands will not be impacted by this work with the exception of a very small area that is proposed to be replaced. As part of this application, the applicant will be constructing NURP ponds to pre-treat runoff prior to discharge into the wetlands. The applicant has taken all measures to stay within the guidelines of the approved master plan of the conditional use permit for the park. The applicant has also met all of the requirements for the interim use permit. This project is being carried by Carver County. It is benefiting the city of Chanhassen as it's enhancing a park area in the city. The County is running short on funds to complete this project and they have requested that the city waive the application and grading fees. Staff feels that this project benefits the community and since Carver County is a governmental agency, we are recommending that the fees be waived. Staff is recommending approval of this application with conditions outlined in the staff report. Thank you. Mayor Chmiel: Thank you Sharmin. Any questions? Councilwoman Dockendorf: What's the dollar amount on those fees that were waived? Sharmin A1-Jaff: I believe it's $400.00 for the grading application. And another $400.00 for the interim use permit. Mayor Chmiel: Mike? Mark? Councilman Senn: No questions. Mayor Chmiel: Okay. Is the applicant? Jack Mauritz: Mr. Mayor, Council members. My name is Jack Mauritz. I live at 6930 Tecumseh Lane in Chanhassen. I am here as a representative for Carver County Parks Department on this project. Mike Liddicoat, Parks Director who was with me at the Planning Commission has a family problem and couldn't make it tonight so he asked me to step in. If there's any questions, I'd be happy to answer them. I have no comments prepared or anything like that but. Mayor Chmiel: Any questions? Any concerns? Okay, is there a motion? Councilman Senn: Move approval. Councilwoman Dockendorf: Second. Councilman Senn moved, Councilwoman Dockendorf seconded to approve Interim Use Permit #90-1 and Wetland Alteration Permit as shown on the plans for a grading project for a play area for Minnewashta Regional Park and subject to the following conditions: WETLAND ALTERATION PERMIT City Council Meeting - August 26, 1996 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. Applicant will meet wetland rules and regulations as stated in Corps of Engineers section 404 permit, the State Wetland Conservation Act, and the City's Wetland Ordinance. Mitigation work shall be implemented prior to or concurrent with wetland fill activity in all phases of the project. The applicant shall apply for and obtain permits from the appropriate regulatory agencies i.e. Minnesota Pollution Control Agency, Minnesota Department of Natural Resources, Army Corps of Engineers and Minnesota Department of Transportation and comply with their conditions of approval. 4. The proposed stormwater ponds must have side slopes of 10:1 for the first ten feet at the normal water level and no more than 3:1 thereafter or 4:1 throughout for safety purposes. INTERIM USE PERMIT 1. The applicant shall obtain and comply with all permit requirements of the DNR, Army Corps of Engineers, and MnDOT. 2. Upon completion of the site grading, the applicant shall supply the City with a letter from the Project Engineer certifying that the grading plan has been completed in compliance with the approved plan. All site restoration and erosion control measures shall be in accordance with the City's Best Management Practice Handbook. A stockpile must be provided for the topsoil which will be respread on the site as soon as the excavation and site grading is completed. Topsoil and disc-mulched seeding shall be implemented immediately following the completion of the graded areas unless the City's Best Management Practice Handbook dictates otherwise. 4. Noise levels stemming from the operation are not to exceed Minnesota PCA or EPA regulations. If the City determines that there is a problem, such tests shall be paid for by the applicant. 5. Hours of operation are limited to 7:00 a.m. to 6:00 p.m., Monday through Friday, and 9:00 a.m. to 5:00 p.m. on Saturdays, and no work on national holidays or Sundays. 6. The applicant shall construct and maintain gravel construction entrances during the grading operation. 7. The applicant shall enter into an earthwork permit with the City to guarantee compliance with the Conditions of Approval. All grading work shall be completed by November 15, 1996. All erosion control measures shall be installed prior to commencement of grading operations and be maintained until all disturbed areas have been fully restored. The applicant shall also be responsible for removal of all erosion control measures upon completion of site grading. The City Engineer will determine the appropriate time and authorize the applicant to remove the erosion control measures. 9. The applicant shall notify the City Engineer of all drainage tiles encountered during site grading. The City Engineer shall determine the appropriate abandonment or rerouting of all existing draintile systems. 10. Erosion control fence adjacent to wetlands shall be the City's Type III version. Rockfilter dikes shall be installed and maintained in the drainage swales until the site is revegetated. City Council Meeting - August 26, 1996 11. Grading shall be prohibited within 10 feet of all wetlands. Erosion control fence shall be installed outside the 10 foot buffer except as indicated on the grading plans. 12. The Interim Use Permit earthwork fees shall be waived. 13. The grading should be revised as follows: a. All stormwater treatment basins shall be constructed with 4:1 side slopes or 3:1 with a 10:1 bench at the normal water level for the first one foot depth of water. b. The drainage culverts which are proposed to end at midslope need to be extended to discharge at the base of all slopes or at the normal water level in the ponding basins. c. Combine proposed drainage swales west of Parking Area No. 1 into one drainage swale. d. Add a sediment basin west of Parking Area No. 1, upstream of the culvert crossing the drive aisle at approximately midpoint of Parking Area No. 1. e. Detailed drainage ponding calculations for a 10 and 100 year storm event (24 hour duration) shall be submitted to city staff for review and approval to confirm pond and culvert sizing. 14. That the applicant shall install a temporary sign at the entrance of the park for the general public's benefit providing the following information. a. The location of the construction area. b. The project completion time line. d. Hours of operation for the construction portion of the site. All voted in favor and the motion carried. CONCEPTUAL AND PRELIMINARY PLANNED UNIT DEVELOPMENT APPROVAL FOR A MEDIUM DENSITY RESIDENTIAL DEVELOPMENT ON 7.03 ACRES LOCATED SOUTH OF COULTER BOULEVARD AND EAST OF STONE CREEK DRIVE EXTENSION; REZONING OF PROPERTY FROM A2~ AGRICULTURAL ESTATE TO PUD-R; PRELIMINARY PLAT OF 25 LOTS~ ONE OUTLOT~ AND ASSOCIATED RIGHT-OF-WAY; SITE PLAN APPROVAL FOR 25 TOWNHOME UNITS; AND A CONDITIONAL USE PERMIT FOR EXCAVATION AND FILLING WITHIN THE FLOOD PLAIN~ TOWNHOMES AT CREEKSIDE~ HERITAGE DEVELOPMENT. Kate Aanenson: Thank you Mayor, members of the Council. As you indicated, there's three actions for your approval tonight. One, the rezoning. Second, the conditional use to fill the flood plain and the third is the site plan review. The project is rather small in size and if you recall when we looked at the Highway 5 corridor study we felt that because it's isolated based on the new frontage road that's going in, Coulter and Stone Creek Drive, topographically it was an isolated piece that we felt that this may be an appropriate place to upgrade it from low density to medium density which gives a range of 4 to 8 units an acre. And we certainly hope that, staff did that this project would come in a little bit different configuration. The first time it came in before the Planning Commission, staff had recommended that it be tabled for changes because there was buildings shown located in the flood plain. The plan that the Planning Commission did recommend approval upon the second review does meet the staff's criteria, although the watershed district still needs to get review as well as the Federal Merchant Management, who has jurisdiction. There was one...on the project itself from the Planning Commission because they felt that really this site, there's a lot of different things that could have happened on the site as far as configuration or types of units that maybe a project that met more of the affordable or more intense development on City Council Meeting - August 26, 1996 this. It is, because of the flood plain, it does have some design constraints but certainly this type of unit, the way it's laid out, maximizes the footprint. We think that some other type of units. So there was one no vote from the Planning Commission who felt that some other type of units could have been placed on that that maybe could have met the affordable housing goals. And some of the other issues, there was, as you're aware, Council approved extension of Coulter. Right here is Stone Creek Drive and part of that is coming up to tie into Coulter. There will be a sidewalk along here and then also the trail along there. There will be a storm water pond on the south side, which is adjacent to Bluff Creek. As a part of this project we did look at how the Bluff Creek study that you'll be reviewing shortly, how the recommendations of that relate to this project and we believe that they are consistent with that. One of the issues that the Planning Commission also raised was architecture. The applicants here does have some samples but they wanted to see a little bit more variety and they had recommended that the staff work with the applicant to provide a little bit more variety in the types of...25 similar type units. That they work with the staff to provide some variety. With that the Planning Commission had recommended approval with the conditions in the report and I'd be happy to answer any questions. Mayor Chmiel: Good, thanks Kate. Are there any questions? No questions? Is the applicant here and would you like to. Please state your name and your address. John Dobbs: Good evening. My name is John Dobbs with Heritage Development. As Kate mentioned we have spent a lot of time meeting with staff and...the Planning Commission to try to work out constraints from the side at the Creekside...this one has gone reasonably well. I think it is a difficult site. As Kate mentioned, it's small but there.., setbacks from the center line.., acres is actual usable and buildable... We tried to come up with a townhouse that is more affordable than the Creekside site. Certainly it is not based on Metropolitan Council's...affordable. Certainly it doesn't meet that criteria. However I think it's a good transition between the house types that are in Creekside subdivision.., and industrial property on the west side of Coulter. I guess as Kate mentioned, we also, these were the original color schemes put together. Shingles, siding, soffit, window color. I did talk to the builder, which is MGM Construction by the way and has a model that is open for inspection in Creekside so he's going to be the builder. You can see the footprints in the staff report. They have, they're happy to try and come up with a couple three different color schemes. They expressed a desire to stay in the taupes and the earth tones.., building color and type that wasn't all the same so it'd all be the same color. We reviewed the staff comments as well as the Planning Commission... I can answer any questions that anybody would have. Ken Adolf from Schoell and Madson is here also to answer wetland questions. Mayor Chmiel: What is the height on that structure? John Dobbs: How's that? Mayor Chmiel: To the top roof line. The height. John Dobbs: Well, this is the front. And I honestly don't know the answer to that question off the top of my head but I would guess it's somewhere around about 25 feet probably. Very similar to a single family home. This would be the back and then if there's a walkout, which... Mayor Chmiel: Okay. Are there any specific questions? Councilwoman Dockendorf: What price range are we looking at there? John Dobbs: The builder believes they're going to come in somewhere in the neighborhood of $130,000.00 to $170,000.00, depending on the options... Square footage isn't really a true description because the ceilings are very vaulted. There's a lot of interior open space inside of the units themselves. So although the square footage is from 1,400 and 1,800 square feet respectively, there's a lot of interior space. It feels very open and it's probably a little bit more expensive to build than a standard 12 foot... Councilwoman Dockendorf: Charles, how is a private street maintained? Is that the City's responsibility? City Council Meeting - August 26, 1996 Charles Folch: That's maintained by the private, it's either a homeowner or association ofthe property. Councilwoman Dockendorf: And how will that be handled Mr. Dobbs? John Dobbs: There will be a homeowners association that will take care of not only landscaping but also the streets and the irrigation system and plantings. Councilwoman Dockendorf: Just a related question if you will. I think you've got maybe four homes up in Creekside 1st Addition. When do you expect final build out of that? John Dobbs: ...Well we have a number of them sold. It's just currently they're sold to a variety of folks...my hope is it would be sold out somewhere towards the end of next year... Councilwoman Dockendorf: So being sold but not actually built by the end of next year so we're looking at maybe '98? John Dobbs: Hopefully both. Hopefully sold and built... Councilwoman Dockendorf: Okay, thank you. Mayor Chmiel: Mike. Councilman Mason: No, nothing. Mayor Chmiel: Mark. Councilman Senn: You aren't going to be the builder of this project? John Dobbs: No sir. Councilman Senn: Okay, and you aren't the builder in Creekside either, correct? John Dobbs: No, I'm the developer. There are going to be five builders in Creekside. Councilman Senn: In terms of staff's suggestion on the density trade-off. John Dobbs: I'm sorry. Councilman Senn: The trade-off in terms of giving more density to the site which would lower the price point on the units. John Dobbs: Well for a variety of reasons I guess. It's a difficult site, as you can see. The overhead that Kate had up earlier. It's fairly long and narrow. So the footprint has been an issue on the project or a number of different issues on how to do one that's wide and not as deep and vice versa. The unit type, because I'm not a builder...finding a partnership that I can work with as builder developer. Currently right now this is the builder in the site.., appears compatible.., the site in and of itself. Given the fact that Stone Creek Drive and Coulter both are going to be paid for or assessed on some level on this very small development. There's some cost issues associated with that... Councilman Senn: Did you talk to approach any other builders who build a little bit more...price point is. City Council Meeting - August 26, 1996 John Dobbs: We talked to Town & Country Homes about actually a bigger site than this one and we had talked to other builders and I've done other projects that were...I'd be happy to try to find some ground that works. It seems like... Councilman Senn: I mean I'm just saying here, I mean here you have a city staffwho in effect you know approached, suggested that you look at higher density and do that. I just, I'm not hearing. John Dobbs: I guess the two issues are, one it's market. It's a market issue. And the second one is, it's the cost to cover the cost of Stone Creek Drive and Coulter Boulevard as well as the streets that it takes to get internal. We're going to be building Stone Creek Drive all the way from the northern down to Creekside. This project has to finance that... It's an expensive site. Councilman Senn: But I don't get the economics. John Dobbs: Lot price. The unit price is unfortunately directly related to how much... Councilman Senn: Well I understand it very well but I'm just saying, if you trade off density and you're talking about you know, leaving density here effectively with $130,000.00 to $170,000.00 price point, okay... John Dobbs: No, it's a double sided, double loaded kind of townhouse, more like the Rottlund kind of thing that you have.., on both sides and not accessed in the center. The site kind of lends itself to having one road. Looking off of both sides and then you have the expanse of the flood plain and.., around a cul-de-sac so you end up... smaller unit per se. You just get a smaller unit. That was what our...but anyway when we found this partnership with a builder and... Councilman Senn: Have you built, now have you started building the houses across the way? John Dobbs: I'm sorry? Councilman Senn: Have you started construction on any of the house across the way? John Dobbs: In Creekside? Councilman Senn: Yeah. John Dobbs: There are four models up and there's a couple single family. Councilman Senn: But nothing up adjacent to this site? John Dobbs: No. That are unoccupied. Mayor Chmiel: Any other questions? Thank you. John Dobbs: Thank you. Mayor Chmiel: Is there anyone wishing to address this proposal? Seeing none, we'll bring it back to Council. Colleen. Councilwoman Dockendorf: I guess I don't have a lot of comments.., dealt well in the conditions of approval. I can certainly appreciate the Chairman of the Planning Commission's comments on looking for areas. Particularly on small pieces like this which may lend themselves to more affordable units but I think there are some constraints with the land. And also given the consideration that that is guided for low density house, I think it's appropriate and I think this project works. City Council Meeting - August 26, 1996 Mayor Chmiel: Okay, Mike. Councilman Mason: No comments. Mayor Chmiel: Mark. Councilman Senn: Well, this was one of the parcels we talked about earlier and like I say, I'm disappointed if we can't put...an ideal parcel to push the density up and achieve what we do want to achieve in relationship to some of this affordable housing.., only rationale in this is that.., higher price point in the houses built across the way... Mayor Chmiel: Okay. Kate, have we heard anything back from Metropolitan Council in regard to affordable housing dollars? They had some discussion about raising those figures. Kate Aanenson: Right. They're still at $115. Mayor Chmiel: They're still at $115. Kate Aanenson: I called to check and I haven't heard...I've heard that number thrown around but I called to verify. It hasn't been approved. Mayor Chmiel: Alright. Good. Is there a motion? Councilwoman Dockendorf: I'd move approval of the project. Councilman Mason: Second. Councilwoman Dockendorf moved, Councilman Mason seconded to approve Conceptual and Preliminary Planned Unit Development, PUD, for a 25 unit medium density residential development on 7.03 acres rezoning of the property from A2, Agricultural Estate to PUD-R, preliminary plat of 26 lots, 2 outlots and the associated right-of-way on approximately 29 acres, site plan approval for 25 townhomes units and a conditional use permit for the excavation and filling within the flood plain, Townhomes at Creekside, subject to the following conditions: The applicant will be responsible for applying for and obtaining changes to the FEMA flood plain maps to reflect developed conditions. The applicant shall further define, graphically, the proposed flood plain boundary and provide justification for the changes. The applicant shall notify and obtain a permit from the Bluff Creek Watershed district as needed for the activities of altering a flood plain and discharging storm pond runoff into the Bluff Creek. The city shall review comments from the Bluff Creek Watershed District before final plat approval. All buffer areas shall be surveyed and staked by the applicant in accordance with the City's wetland ordinance. The City will install wetland buffer edge signs before construction begins and will charge the applicant $20 per sign. The final plat shall dedicate the appropriate utility and drainage easements over all utilities, wetlands and pending areas outside the right-of-way. Consideration should also be given for access for maintenance of the storm sewer lines as well as pending areas and wetlands. 5. The storm ponds shall be constructed with the initial site grading. City Council Meeting - August 26, 1996 Water quality fees will b based in accordance with the City's SWMP. If the applicant constructs the water quality ponds as proposed, these fees will be waived. Water quantity fees will b based in accordance with the City's SWMP. Storm sewer trunk fees will be evaluated based on the applicant's contribution to the SWMP design requirements. The fees will be determined by staff upon approval of the construction plans. 7. The applicant shall report to the City Engineer the location of any drain tiles found during construction and shall relocate or abandon the drain tile as directed by the City Engineer. All utility and street improvements shall be constructed in accordance with the latest edition of the City's Standard Specifications and Detail Plates. Detailed street and utility plans and specifications shall be submitted for staff review and City Council approval. The applicant shall provide detailed storm sewer calculations for 10 year and 100 year storm events and provide ponding calculations for storm water quality/quantity ponds in accordance with the City's Surface Water Management Plan for the City Engineer to review and approve. The applicant shall provide detailed pre-developed and post-developed storm water calculations for 100 year storm events and normal water level and high water level calculations in existing basins. Individual storm sewer calculations for a 10 year storm event between each catch basin segment will also be required to determine if sufficient catch basins are being utilized. In addition, water quality ponding design calculations shall be based on Walker's Pondnet model. 10. The applicant shall enter into a development contract with the City and provide the necessary financial security to guarantee compliance with the terms of the development contract. 11. The applicant shall apply for and obtain permits from the appropriate regulatory agencies, i.e. Carver County, Watershed District, MWCC, Health Department, PCA, DNR, Army Corps of Engineers, and MnDot, and comply with their conditions of approval. 12. Prior to final plat approval the applicant shall submit to the City soil boring information. On lots with fill material that have been mass graded as part of a multi-lot grading project, a satisfactory soils report from a qualified soils engineer shall be provided to the Building Official before the City issues a building permit for the lot. 13. No berming or landscaping will be allowed within right-of-way areas. 14. The lowest flood elevation of all buildings shall be a minimum of two (2) feet above the high water level calculated according to the shoreline ordinance guidelines. 15. 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. 16. Type III erosion control fence shall be installed adjacent to wetlands. Additional erosion control measures such as rock construction entrances may be incorporated on the final construction plans. 17. A buffer strip of 0 to 20 feet with a minimum average width of 10 feet shall be maintained adjacent to ag/urban wetlands. The principal structure setback shall be 40 feet measured from the outside edge of the buffer strip. 18. All structures shall be set back a minimum of 100 feet from the project boundaries which are adjacent to Bluff Creek and it's tributaries. City Council Meeting - August 26, 1996 19. Stone Creek Drive shall be designed and constructed in accordance with City street standards, i.e. standard boulevards. 20. The storm sewer system shall be redesigned to limit discharge points to one on Stone Creek Drive. 21. If the applicant installs the trunk sanitary sewer, they shall be compensated by means of credits against their Coulter Boulevard assessments for the cost difference between an 8 inch lateral line and the 18 inch trunk sewer line. 22. Street A shall be constructed as a private street with a 26 foot wide street section. 23. The developers and designers should meet with the building official as early as possible to discuss commercial building permit requirements. 24. Submit street names to the Public Safety Department, Inspections Division, for review prior to final plat approval. 25. Adjust property lines to permit code complying projections or revise plans to remove projections. Adjust property lines to permit screen porches or revise plans to remove porches. This should be done before preliminary plat approval. 26. If parking on the street is desirable, the roadway must be widened to 28 feet. However, this will allow parking only on one side of the street. "No Parking Fire Lane" signs must be installed per Chanhassen Fire Department Policy #06-1991. 27. A ten foot clear space must be maintained around fire hydrants, i.e., street lamps, trees, shrubs, bushes, NSP, NW Bell, cable television, transformer boxes. This is to insure that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance 9-1. 28. Land within the 50 foot creek setback will be dedicated public property. 29. Heritage Development will construct Trail "A" and Connector "A" within the 50 foot setback. Heritage will be compensated for the construction and engineering costs associated with these trails. Heritage will also be granted park fee credit for the linear area required for these trails based on a calculations of length times 20 feet in width. The proposed plat, at 25 multi-family units generates a land dedication requirement of two- thirds of an acre. 30. Heritage Development will also construct Trail Extension "B" within the right-of-way of Stone Creek Drive. Heritage will be compensated for the construction and engineering costs associated with this trail. The staking of these trails are to be approved by the Park & Recreation Director and City Engineer prior to construction. These improvements are to be bid as a unit of the larger public improvement projects being sponsored by the applicant as a part of this site work. Upon certification by the city of a low bidder for the trail components, said work shall be completed. Upon completion and acceptance of trail components, the applicant shall be reimbursed for engineering and construction costs associated with the trails utilizing trail acquisition and development funds. 31. Staff shall work with the applicant to come up with a variety of base colors for the units. 32. The staffwill review the parking issue. 33. Landscaping shall be enhanced on the east side to improve buffering. 34. The applicant shall submit for approval a foundation planting plan for each of the units. City Council Meeting - August 26, 1996 All voted in favor, except Councilman Senn who opposed, and the motion failed with a vote of $ to 1. Roger Knutson: Mayor. This is a rezoning. It needs a 4/5 vote. Mayor Chmiel: Oh that's right. It needs a 4/5*h's. This will have to probably be carried over to the next Council meeting. Roger Knutson: Right now the motion has failed. The only way it can come back is a motion to reconsider. Mayor Chmiel: Okay. Councilwoman Dockendorf: And a motion to reconsider has to come from? Roger Knutson: Someone on the failing side. Mayor Chmiel: From the three aye's. Councilwoman Dockendorf: No. Mayor Chmiel: Oh, I'm sorry. Don Ashworth: Or Councilman Berquist. Roger Knutson: Or Councilman Berquist, yes. Councilman Senn: Can anybody second it? Roger Knutson: Yes. Councilman Senn: I'll be happy to make a motion to reconsider. I think that it's only fair that Councilman Berquist be granted an opportunity to comment on this. Mayor Chmiel: Okay. What date would this be put back on Council agenda? Councilman Senn: Do you have the date here? Councilman Mason: 9th I believe. Mayor Chmiel: 9*h? Okay. Is everyone going to be here for that particular? Okay, yes. Kate Aanenson: You need a motion. Mayor Chmiel: Yeah. John Dobbs: I have a quick question. Is it all of the motion...that had to take place or was it just the rezoning? Kate Aanenson: Roger, just for a point of clarification, it was all posed in one motion. That's how the staff report read. Mayor Chmiel: There are three different items that are on there. Okay. Is there a second to that motion? Councilwoman Dockendorf: Second. City Council Meeting - August 26, 1996 Councilman Senn moved, Councilwoman Dockendorf seconded to reconsider Conceptual and Preliminary Planned Unit Development, PUD, for a 25 unit medium density residential development on 7.03 acres rezoning of the property from A2, Agricultural Estate to PUD-R, preliminary plat of 26 lots, 2 outlots and the associated right-of-way on approximately 29 acres, site plan approval for 25 townhomes units and a conditional use permit for the excavation and filling within the flood plain for the Townhomes at Creekside. All voted in favor and the motion carried. LAKE ANN PARK BALLFIELD LIGHTING PROJECT; REVIEW CONTRACT DOCUMENTS AND AUTHORIZE ADVERTISEMENT FOR BIDS. Todd Hoffman: Mr. Mayor, members of the City Council. On July 22nd we discussed the Lake Ann Park ballfield lighting project. That evening City Council authorized the preparation of plans and specifications for the project and for ballfields 4 and 5. Ballfield 4 being the Chanhassen Lions Field. Per that directive please find in your packet four items. The ballfield lighting project final design. Bidding and construction time line. Second item is the photocopies of a portion of the bid documents. I've got the full package here with me this evening. Engineer's estimate of the project. And then a photocopy of the electrical site plan... Briefly to summarize the project. At present we have ballfield # 1 lit. It's power source comes from the telephone pole off of Highway 5 and runs to the back of the gate house. That gate house will be removed, replaced and probably reconstructed as a part of the Arboretum Boulevard frontage road project. So the power source, the connectors, the breaker boxes and that sort of equipment will be moved to the back of the gate house up to the concession building which is located just right up here at the top of the hill. That's a portion of the project and then power distribution for both 4 and 5 and then obviously the right poles and illuminaries for field 4 and 5. Funding sources which we've identified, and... 22nd included, the $98,000.00 contribution from the Chanhassen Lions. Mr. Earl Erickson who's President of the Lions requested my presence at their membership meeting this evening. I was at the Legion from about 6:30 until 8:00 for the meeting .... had dinner with them and then going over the project, they remained very sincere to... to this project and to their funding. However they would like to tell you that Pauly's, as you know will close down for a couple months so their gambling revenues will cease for at least two months during this time period that they're being displaced. They do not however see any problem... The other budgeted monies from the City of Chanhassen would be $60,000.00, which was budgeted for the project. And then $30,000.00 transferred from the capital monies in the Recreation Center. $10,000.00 fees for service and then $7,000.00 from the general contingency, from the Fund 410. And all these dollars are designated as coming from Fund 410. That fund is where we deposit the park and trail dedication fees which are generated from all the new resident, commercial and industrial development. Expenditures include engineer's estimate of $179,000.00 for the work that I went over earlier. $2,500.00 for modular block retaining walls. The Lions monument sign is $6,800.00 and the engineering fees, we're talking $16,700.00. With that I recommend that the City Council authorize the advertisement for bids for the Lake Ann Park ballfield lighting project field numbers 4 and 5. In the event this action is taken, the Council should direct the City Manager to establish a project fund in which to deposit the initial Lions Club contribution and city dollars. We currently are holding the initial contribution of $24,000.00 from the Lions. We have a check in safe keeping. With that I'll answer any questions from the Council. Mayor Chmiel: Any questions? I guess not. Is there any discussion? Colleen. Councilwoman Dockendorf: Well I'm coming up with the same questions that I had when we originally discussed accepting the donation from the Lions. I know that Lake Ann is our premiere park and that we do have severe demands for lighting the fields and it's an important part of the community spirit, etc, etc and so on. I'm just still not really clear, I'm really not happy with the fact that we're funding it in advance. And I'm not terribly clear as to why we need to match like dollars with it. And I'm wondering, I keep looking at that Bandimere site and shaking my head. I don't know, maybe these are just ruminations but I'm just not happy about this project. I don't know. Maybe it's because I'm not a ballplayer. I understand it's been budgeted for and it's been part of the plan for a number of years. I don't know, I'll listen to the rest. City Council Meeting - August 26, 1996 Mayor Chmiel: Okay, Mike. I don't have much to say other than the fact that the Lions Club is willing to donate quite a hunk of money for this. It's in the park budget and Park and Rec thinks it's justified. Lake Ann is certainly an up and coming place in the City of Chan. I was not privy, I was camping when this last discussion took place, although I did read the Minutes and I didn't quite understand what some of the problems were with it. It seems reasonable to me. Mayor Chmiel: Okay, Mark. Councilman Senn: Well, I think the project is really worth while. I think the Lions have picked the ballfield because it really makes sense in terms of, you know effectively some...attention to the Lions. I also think it's something, part of their contributions to the community. My preference still remains that we approach this as a one field deal. Not two field deal because I still don't like the idea of taking the contingency out of the Rec Center when I think we're going to end up short in the Rec Center, and I know it's capital funds but if we end up short in the Rec Center, that comes out of the general fund. Otherwise we don't have other funds anywhere...in the Rec Center. And so I would prefer the approach of going ahead with the one field being the Lions field and holding our cards so to speak on the second field. We just have so many other things coming at us right now, including a hundred and some thousand dollars I guess were assigned.., and I'm just not sure... Mayor Chmiel: Okay. Councilwoman Dockendorf: May I ask? Mayor Chmiel: Yes. Councilwoman Dockendorf: Todd, have you looked into, I mean what kind of economies of scale are we getting doing the two at the same time? Could it be phased reasonably? Todd Hoffman: Councilman Senn and I spoke about that today and I didn't have the exact numbers but the...is cost of the contract and then the consulting services to split the project and then bring it back through the process so... could be significant. To 20%. Mayor Chmiel: Yeah and I guess that's true to a certain point. Normally if you delay it, you normally run into about another 10% with activating those additional people. Getting ready to put this into gear. There is some additional cost. I don't know if it's an additional 10 but I'd say you're getting pretty close. Todd Hoffman: Park and Recreation Commissioner Frank Scott is in the audience if he would like to talk about the need or the desire of the community. You don't have the constituents who utilize the facility here this evening. The Lions certainly made their contribution with the intent that it would be a participatory type project. I'm not sure how to react to...field lighting. Mayor Chmiel: There's an old saying when you look at something like this. You never look at gift horse in the mouth. And by that I mean, really that they are really civic minded within this community. They have donated many dollars to assist, which is not costing the taxpayers those additional dollars as well. If you didn't have that funding coming from them, you would not probably be able to do the project because it's really cutting it back. Mike. Councilman Mason: Todd, as Park and Rec Director, what are your comments on what Councilman Senn had to say about the contingency funds and what not. About using this money. Todd Hoffman: Well the contingency dollars that could be identified with the Recreation Center was $30,000.00. During the development of the 1996 budget, the Commissioners were concerned that potentially some item was left out of the contract that would be necessary to make that recreation center a... They didn't want to get caught short and not having dollars to use in their project if so needed. We have been open now since last September and those City Council Meeting - August 26, 1996 dollars, a project has not been identified for those dollars. It's capital money which I would think if you would talk to any park commissioners they would say, they started the ball rolling with $60,000.00. They received a pledge contribution of $98,000.00. They'd certainly appeal to you to go back to the fund for that $30,000.00, back into the 410 Park Acquisition and Development Fund and pull that money out of there to make this project work. Mayor Chmiel: Is there anything that you might like to add to this? Frank Scott: We did have a discussion about the money for the Rec Center and we had the Rec Center people in at the time when we decided to move it. Talked about what they might use it for and they really did not make a recommendation for using those dollars. And the other thing is, what you're really getting here is two additional ballfields without the additional maintenance... We can use those parks for...you don't have the landscaping problems. You're really getting two parks for the cost of lights is what you're getting and one of the things about ballparks are, you have to mow the lawn, you have to come out and work so you're really gaining more with this than just the lights. You're getting a few extra ballfields. That's all I've got to say. Mayor Chmiel: Thank you. Don Ashworth: Mr. Mayor? Mayor Chmiel: Yeah. Don Ashworth: I should note that there's really two $30,000.00 contingency accounts out there. One was put through 410 as part of Park Commission action. The whole budgetary process as we established the 1996 budget. The second $30,000.00 is the contingency that was established by HGA for the construction of the facility and the last accounting on the facility itself, you had like $115,000.00 in the sheet that I distributed to the City Council. Since that point in time payment has been made to the School District and the difference, the amount of money that is still sitting in that capital account is also $30,000.00. Which is Mark's point is correct, it doesn't really matter which 30 you've got sitting aside for that. But their recommendation is to be able to use one of the two $30,000.00 amounts to get this project going. Does that clarify things? Councilman Mason: I would make a motion. Mayor Chmiel: Go ahead. Councilman Mason: I would move the City Council authorize the advertisement for bids for Lake Ann Park Ballfield Lighting Project (Fields number 4 and 5), and also direct City Manager to establish a project fund in which to deposit the initial Lions Club contribution and city dollars. Mayor Chmiel: Is there a second? I'll second that. Any other discussion? Councilman Mason moved, Mayor Chmiel seconded that the City Council authorize the advertisement for bids for the Lake Ann Park Ballfield Lighting Project (Fields No. 4 & 5) and direct the City Manager to establish a project fund in which to deposit the initial Lions Club contribution and city dollars. All voted in favor and the motion carried. COUNCIL PRESENTATIONS: Mayor Chmiel: Mike, I wasn't at the Housing and Redevelopment Authority because of another meeting that I had that night. Would you like to elaborate on what... Councilman Mason: I wasn't there either. Mayor Chmiel: Okay. City Council Meeting - August 26, 1996 Councilman Mason: Todd, have you got any comments? You were there. Todd Gerhardt: I was there. Mark was there. There was really two items on the agenda. One was the refinancing, or the financing for the resale of the Hanus facility. That item was tabled to direct staff to go back and look at, and see if the repurchase agreement is still valid. Staff has contacted the City Attorney's office and they're reviewing that at this point. Where the HRA felt that the agreement might not be valid is that it ran out in October of 1995. However, after reviewing that repurchase agreement, it was our obligation to set up a closing so thus it's the attorney's opinion that the repurchase agreement is still valid. It was our responsibility to establish the closing. So that will be back on for HRA's consideration again in September. Second item was an update on the refinancing of the bowling center for back taxes. To date appraisals have been completed which have been forwarded over to the financial institutes that are looking at providing that financing and we should know more in about a week and a half. Mayor Chmiel: Good. Thanks. Todd Gerhardt: Minutes were approved. Mayor Chmiel: Colleen. Councilwoman Dockendorf: We met last week and are working on the 1997 budget. Southwest Metro. One of the good pieces of news to report is that due to the passage of the local levy authority this past session at the Minnesota Legislature, we now have approximately $300,000.00 more dollars in our budget than we did last year. And we're pouring all of that into service, including a bus to St. Paul. Mayor Chmiel: Okay. How about the Bluff Creek corridor. Kate, maybe you can. Kate Aanenson: Yes, thank you. I'd be happy to comment on that. I hope all of you received your second draft of the Bluff Creek. We are planning on a work session, which is a regularly scheduled Planning Commission meeting on September 4th from 6:00 to 8:00. Besides the Planning Commission we've invited the Council and the Park and Rec Commission. We'll have the consultants that worked on the draft plan. It's really to get you oriented and direction and philosophy behind the document before Planning Commission holds a public hearing so hopefully you'll attend and we'll just be sending another reminder of that. But again that's the 4th. Mayor Chmiel: Todd, can you give an update on the Park Task Force? Todd Hoffman: Or Nancy. Co-Chair Mancino. Nancy Mancino: Nancy Mancino, 6620 Galpin Boulevard. Current Chair of the Park Referendum Task Force. We're just getting back going again. We had a month and a half recess so Alison...two weeks ago.., starting meetings. We will be meeting two, the second and fourth Monday of the month and so we'll be starting.., land options. Getting together a survey. Creating a survey for a telephone survey in January. And we will be getting back to you at the end of September and get you the project schedule and giving you an update. For an update. Mayor Chmiel: Good. Thank you Nancy. The thing that I wanted to talk about is the lack of soccer fields within the city. As you remember last winter we had some discussions in regard to the basic needs for soccer fields. We have a gentleman in our community who has a piece of property in and adjacent to, and that's Mr. Jerome Carlson. Over at the United Mailing they have some additional land that they felt could be utilized for short term until they particularly have concerns on expanding United Mailing and he would be willing to have us utilize that and it would be a leasing portion and the price is right. It's about $1.00. It's going to need a little bit of grading and some additional work. It doesn't appear it's going to be that bad or that much. And some of the fill that is going to be needed can be gotten from some of the city's maintenance department and excess fill is available from the local road construction project. But the city maintenance department could also do this work, which would save us City Council Meeting - August 26, 1996 a few more dollars. What I would like to do is get Council's endorsement to direct staffto prepare a grading plan and lease agreement with Mr. Carlson for the dollar and to develop the site as a soccer field. I would also place the condition that staff not spend more than $1,000.00 in preparing these documents and the money should come from staff's current budget. Councilwoman Dockendorf: And their salaries. Councilman Mason: Just a quick question on that. What's the city's liability in a situation like that? Mayor Chmiel: I think I'll let Roger answer that. Councilman Mason: You know in the event of injury. Mayor Chmiel: Well I would imagine we would have the same coverage on that... Don Ashworth: Anytime that we go over with the schools, they always ask us for an endorsement on our insurance policy and that's really more for their protection. Councilman Mason: I just, out of curiosity, the cost on that's pretty negligible? Don Ashworth: Yeah, we've never received a bill for it. Councilman Mason: Oh. Well that sounds good to me. Councilwoman Dockendorf: And parking would be off hours I would think. Well of course they have three shifts. Mayor Chmiel: Well they have, when they go through, they still have sufficient parking within the lot. Councilman Senn: What kind of terms are you talking about? Mayor Chmiel: Well, that'd be up to his discretion as to when they probably plan on moving that expansion. It doesn't look like that's, how long Todd? Todd Hoffman: I would think we'll get five years out of it hopefully. It may be shorter than that but it will take a year to grow grass. So we would grow grass next year and play on it the spring of 1997. It's been out there for quite some time right now. If we can get 5 years out of it, then the soccer folks would be very happy for those five years. And the sixth year if it goes away, they would be very sad but. Councilman Mason: Well I'm willing to take that risk. Councilman Senn: Well I mean it sounds real generous on Jerome's part. I think it'd be nice to see the cost information in terms of what it's going to take to do it and I mean just in terms of our thought process, how does that compare to improving the same way a portion of Bandimere, which we already own and we don't have to lose the improvements later. I mean again, but again cost wise it may be so far offthat you know we'd say geez. You know Jerome's deal is fantastic. Let's jump at it but we don't know enough to know that yet. Mayor Chmiel: Bandimere is a dire need as well as you know. Upgrading within that park and I think we had an estimate on that several years ago and that was about a million dollars. Councilman Senn: But that's to do the whole, that's to do the whole park. Mayor Chmiel: That's the entirety of the park. City Council Meeting - August 26, 1996 Councilman Senn: And that's what I'm just saying, we should look at it... Todd Hoffman: The current infrastructure that's in place down at Instant Web and United Mailing is the real treat here. The parking that's adjacent to it. The access. Bandimere has no access. No parking. And grading would be significant there to get a field in place. The soccer organizations have been beating on my door to start initial improvements or temporary improvements or call them what you will at Bandimere. That really takes a full scale, or at least a large portion of a full scale effort to get on the level and get this site graded. To get the parking lots in and having infrastructure in. We have Jim Tyson now on staff as a heavy equipment operator and we leased a CAT for the summer to do all these park projects so the folks that want to get rid of the fill will dump that there free of charge. We will place it. Place the top soil and then seed the site so are costs are going to be real, a contract to put in a silt fence at $500.00-$600.00 and some other real minor costs. Seed. Councilman Senn: It sounds like your cost specifications are... Mayor Chmiel: Okay Mike, you made a motion. Is there a second? Councilwoman Dockendorf: Absolutely. Councilman Mason moved, Councilwoman Dockendorf seconded to direct staff to prepare a grading plan and lease agreement with Mr. Carlson for one dollar to develop the site adjacent to United Mailing as a soccer field with a condition that staff not spend more than $1,000.00 in preparing these documents and that the money should come from staff's current budget. All voted in favor and the motion carried. ADMINISTRATIVE PRESENTATIONS: A. ENERGY AUDIT CONTRACT, BISSONETTE ENGINEERING, CITY MANAGER. Don Ashworth: The first item is the energy audit contract. I've been really pleased with Bissonette Engineering and how he has been able to not only outline what type of energy work we needed to do but to take it all the way through the project to do the next stage. The bidding, the installation and then finally reimbursement from NSP, which is not under his control but has been a...in any type of project. I would, this program runs through July of 1997. I would like to take and move ahead with some of our other structures and I guess to pick two out, I would really start with the fire station and public works. I think there's going to be some major savings associated with wells and lift stations, but the council may very well want me to start a little slower. Just have me work on the other two. One of the things I found with City Hall installation is we not only saved major costs there. Let's say the roof top units were taken into account from a savings standpoint in terms of older units versus newer but one aspect that I did not take into account, that Bissonette...is in actually getting up there we found a number of those units were on the brink of collapse and so we were talking about literally having to replace them anyway so this program was a great deal in terms of identifying a number of items that we might very well have, or we would have paid for out of just our regular general fund dollars. You know as a replacement. I'm sure we're going to find that to be true as we go through the fire station and public works and I guess I wanted to ask if all of that makes sense. ...initial report type of thing. Then he presents that back. It shows what type of savings can be, he thinks can be achieved and then once we review that and agree, then he actually does a final report and the bids. So what I'm asking for is permission to tell him, go ahead. Start on this initial report and the City would like to have you look at for at least these two structures. Mayor Chmiel: Any questions? Councilman Senn: Which two structures? Mayor Chmiel: The fire station and public works. Do you need a motion on this? Don Ashworth: It's not really required but. City Council Meeting - August 26, 1996 Mayor Chmiel: It'd be nice. Don Ashworth: No, I don't think so, unless there's opposition. This gets into kind of the step where we go through 19, whatever your budget we establish. Whatever equipment we might need and we come back to you and say alright, we'd like to start with specs and whatever else. It's a lot of work for Harold. And if you really have changed your mind, and really don't think we should do a particular grade or what not, we should let Harry know that in advance. This kind of works the same way .... initial report we don't have any desire to have him do it, then why should we have him do it. Mayor Chmiel: Not the case. B. PLANNING COMMISSION VACANCY, PLANNING DIRECTOR. Kate Aanenson: As you're aware, the Planning Commission does have a vacancy. The commission interviewed seven applicants. Of that they felt only one they'd like to recommend for your consideration. I know it's your general policy that you'd like two forwarded. What they're proposing to you is that if you did want to consider another one, that their preference would be to re-advertise so what we're looking for is a date that you could consider the interview process or if you had concerns about that having the one candidate, that you recommend that we re-advertise. That was the commission's recommendation. Mayor Chmiel: Okay. Any opinions? Councilman Senn: Well we had seven applicants, right? Kate Aanenson: Correct. Councilman Senn: I really think we ought to send it back to the Planning Commission and have them send us the top three names, as the policy asks for. I think we have, know very well in fact who they favor as the best candidate but I think we should follow our policies since we set them and I don't think it's, you know having gone through the process. Seven people applied. I think it's, our policy says we should... Mayor Chmiel: I think they had one more. Did one more person make that application or did I misunderstand? Kate Aanenson: No. Just seven. Mayor Chmiel: Okay. So you just had the seven. The eight one is not? Kate Aanenson: Yes. Mayor Chmiel: Okay. Councilman Senn: In talking to Nancy today, and Nancy correct me if I'm wrong. I think there's some confusion on the Planning Commission what the policy was and I think that confusion kind of led somewhat to this coming forward this way and I don't think they have a problem going back and saying here's our top three choices. Even though they may not be enamored by them all. Nancy Mancino: Well we definitely felt, first of all let me explain a little bit of background. Over the last two years we've had six new Planning Commissioners. There have been three of us that have stayed stable over the last two years so we've had a lot of new, we've had a lot of kind of helping people to get up to speed so it's very important to us to get a good, obviously a good candidate. A good commissioner. We have made, all those that are on the commission right now, in blood sign their life that they will stay for the rest of their term. But in all seriousness. When we interviewed the seven people, we weren't sure how to proceed. We didn't know if you were City Council Meeting - August 26, 1996 going to be interviewing all seven, as you did the last time. I think 3 names or 4 names were given to you but you interviewed all the people who had applied. Or should we give you 2 or 3 names. When it came to a vote, we all very honestly and forth rightly just, we came up with one name that we felt comfortable giving you as a recommendation. So that's why we passed this onto you saying that we have gone through the voting process and unanimously we came up with one name that we felt very, very comfortable with and in fact this person, one of the things that was helpful is that we have a lot on our plate right now with Bluff Creek. Looking at affordable housing, etc. We thought it was important that this person has been on a task force, as that does give a person a little bit of history. Being someone who was first on the Highway 5 task force and then on Planning Commission, it was very helpful. And we felt would give us, which was our number first priority, number one priority, is diversity on the Planning Commission. Not only diversity of perspective but diversity of gender, diversity of location, etc. So it's certainly up to you if you would like us to give you three, we can. But anyway... Mayor Chmiel: Okay. Nancy and I had some discussions too and knowing the feel of the discussion, they were quite satisfied with the one particular member and I think if you're going to work with people, you want to have people there that you feel are going to be comfortable for them as well as making a right decision as well as having some diversity as she indicated. So I think that once in a while maybe we should listen to those commissions and, I don't think we know more than what they do. At least that was the direction that I said to Nancy, so. Councilwoman Dockendorf: Well I agree with you Mr. Mayor and we have, of the candidates here, we have interviewed three of them already and we know an additional one from being before the Council and various commissions so I feel, don't quote me Cathy. It would be not an exercise in futility but somewhat, not an effective use of our time and of the applicant's time to go through the motions just because that's our policy so I'm willing to support the Planning Commission. Mayor Chmiel: Okay, Mike. Councilman Mason: I concur with the last two. Yeah, with you and the Mayor. Mayor Chmiel: Roger on this one, do we need a motion? ...discussion. Roger Knutson: I was reviewing something else. A motion for what? Kate Aanenson: It's a policy that they send two names up. It's just a policy. Councilman Senn: We have a policy... Roger Knutson: So what do you want to do now? Kate Aanenson: Amend the policy. Mayor Chmiel: Amend the policy and look at the direction that the Planning Commission has been given to us. Councilman Mason: Well the policy is not an ordinance. Councilwoman Dockendorf: And I wouldn't say amend it. I would say make an exception. Roger Knutson: And move to appoint this person? Councilwoman Dockendorf: No. Not move to appoint but. Roger Knutson: If you wanted to do that, a motion would be appropriate. City Council Meeting - August 26, 1996 Mayor Chmiel: Okay. Councilwoman Dockendorf: I would move that we make an exception in this case. Councilman Mason: I second that motion. Councilwoman I)ockendorf moved, Councilman Mason seconded to make an exception to the policy regarding appointments to commissions and take the one recommendation from the Planning Commission to interview for the vacancy. All voted in favor, except Councilman Senn who opposed, and the motion carried with a vote of 4 to 1. Councilman Senn: You're not even going to interview her? Kate Aanenson: Yeah...that was what I was going to ask for. Mayor Chmiel: You bet, and then there was also, we were going to go out and re-advertise? Councilwoman Dockendorf: No. Mayor Chmiel: Or is that not, okay. Kate Aanenson: I guess that's what we're asking for is a work session. If you're not happy, then we'd probably re-advertise. Councilman Mason: So let's set an interview then. Don Ashworth: Well one candidate, we should be able to do like a 7:15 or 7:00. Councilman Mason: 7:15 on the 9th? Kate Aanenson: Let me see if I've got a board meeting. Mayor Chmiel: 7:00 on September whatever it is. Kate Aanenson: I'm just saying there might be a conflict because I think we have two items on the Board of Adjustment that night. That's the big conflict. We may have people on this board. Don Ashworth: And what about going out to the 23~'d's tOO late? Kate Aanenson: We've been without. It puts a lot of pressure on the Planning Commission. Nancy Mancino: This started the end of May. If you could do it before Bluff Creek, that would be great. How about 15 minutes before Bluff Creek? Kate Aanenson: I'm not sure they're all going to be here. Councilwoman Dockendorf: Yeah, I won't be here. Do we have a work session? Don Ashworth: We should have one, I think on the 2nd. Councilman Mason: That's Labor Day. City Council Meeting - August 26, 1996 Kate Aanenson: I just have two items for the Board so can we tentatively say for the 9th and we'll try to make sure. We'll schedule the Board... Mayor Chmiel: Okay. Why don't you do that. C. TAX INCREMENT DISTRICT, SCHOOL DISTRICT ll2/CITY/HRA, CITY MANAGER. DonAshworth: The School District has really been pressuring me. They're in their budget process...and wanted to know whether or not these TIF dollars. They...if working on a formula they...bottom position is, we can't give them something that we don't have. Secondarily, I read this as if we guarantee this money to them into the future, even if they.., so I would suggest that the City Council approve a motion of having the City Attorney redraft the agreement so as to encompass the two points that I was trying to make there and the amount that was supposed to be returned to the School District shall not be greater than the amount actually received and payment shall not be made until the city physically has in it's hands the dollars that were generated because of the School District. I sure there will be other points but those were the two key ones. Mayor Chmiel: Is there a motion? Councilman Mason: I'll move what Don said. Mayor Chmiel: Is there a second? Councilwoman Dockendorf: Yes. Councilman Mason moved, Councilwoman Dockendorf seconded that the City Council approve the two concepts listed in the staff report, the amount proposed to be returned to the School District shall not be greater than the amount actually received, and the payment shall not be made until the city physically has in it's hands the dollars that were generated because of the School District, and direct the City Attorney's office to prepare a binding agreement which will incorporate these two points for presentation back to both the HRA and City Council. All voted in favor and the motion carried. Mayor Chmiel: One of the better things about this now is the adjournment. Is there a motion? Councilman Mason moved, Councilwoman Dockendorf seconded to adjourn the meeting. All voted in favor and the motion carried. The meeting was adjourned at 10:10 p.m. Submitted by Don Ashworth City Manager Prepared by Nann Opheim