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WS 1999 07 26CHANHASSEN CITY COUNCIL WORK SESSION JULY 26, 1999 Mayor Mancino called the work session to order at 5:35 p.m. COUNCILMEMBERS PRESENT: Mayor Mancino, Councilman Senn, Councilwoman Jansen, and Councilman Engel COUNCILMEMBERS ABSENT: Councilman Labatt STAFF PRESENT: Anita Benson, Cindy Kirchoff, Bob Generous, Bob Zydowsky, Todd Gerhardt and Roger Knutson CONSENT AGENDA: a. Approve Chanae Order No. 1 to 1999 Sealcoat Proiect 99-2. Councilman Senn asked what the amount of the budget was that was approved for this project. The City Engineer stated that this project was still under budget. Approve Chan~e Order No. 2 to West 78th Street (Lake Ann Park Entrance to CSAH 17) Proiect 95-21. Mayor Mancino asked if this request was "robbing Peter to pay Paul". The City Engineer stated it wasn't intentionally doing that on this project. c. Approve Revised Gradin~ and Drainage Plan for Springfield 5th Addition, Proiect No. 99-3. Councilwoman Jansen asked why this item had been placed on the Consent Agenda after Mr. Larry Klein had requested speaking on the subject. The City Engineer stated the item could be pulled from the consent agenda for discussion. Mayor Mancino asked if the berm had been changed and the City Engineer stated that the berm was bigger than originally proposed and that the developer had been removing material from the berm of the last few days. Mayor Mancino asked why the berm had been so large. The City Engineer stated that the berm was actually a stockpile of material taken from the site and was larger than anticipated due to poor soil conditions and wanted to create a buffer between Highway 101 and future homes to be buik in the subdivision. Mayor Mancino asked who would be responsible for the upkeep of the berm and was told that it would be the responsibility of the Homeowners Association. Mayor Mancino asked if the City enforces weed control. Bob Zydowsky stated that the city only responds to complaints of noxious weeds such as thistles, purple loosestrife. Councilwoman Jansen asked about the seed mix required and if the City has a choice in the height of the berm. The City Engineer stated that the height was the issue before the council. Mayor Mancino asked if staff was comfortable with the 28 foot height for the berm and the City Engineer stated that she was comfortable with that proposal. Councilwoman Jansen asked how the berm impacted the adjoining property owned by the Finger's. The City Engineer stated that the Finger property was not shown on the map but that Dave Hempel had been meeting with the Finger's regarding drainage swales. Councilwoman Jansen then asked about the landscaping requirements and Bob Generous stated that the developer had exceeded the ordinance with their landscaping plan. City Council Work Session - July 26, 1999 The Woods at Lon~acres 5th Addition~ Lund~ren Bros: Final Plat Approval; Approve Development Contract and Construction Plans and Specifications. Mayor Mancino question why the developer is not paying SWMP fees on this project. The City Attorney stated he was not sure but there may have been a previous agreement exempting them from paying SWMP fees. Mayor Mancino asked if the item could be tabled to find out the answer to that question. Cindy Kirchoff stated that the developer was anxious to continue on with the process. The City Attorney stated that the item could be approved contingent on all applicable fees being paid. Mayor Mancino then question the condition regarding two trees being planted in each front yard and condition number 2 be changed to reflect that requirement. The Woods at Lon~acres 6th Addition~ Lund~ren Bros: Final Plat Approval; Approve Development Contract and Construction Plans and Specifications. Todd Gerhardt stated that the developer had received a copy of the staff report over the weekend and had requested in writing some changes to this item. The City Engineer reviewed the requested changes with the City Council. Councilwoman Jansen questioned the 25 foot front yard setback versus 20. Cindy Kirchoff stated that the city would like to keep the setback at 25 feet to accommodate parking in the driveway, and that the developer is requesting 20. f. Approve Joint Powers A~reement with City of Shorewood for I/I Drainage Improvement Proiect No. 98-2. Councilman Senn asked for an update on this item. The City Engineer stated that she had talked with the City of Shorewood and they would cooperate with the two failing septic systems located in their city. The Shorewood City Council would be taking action on this item at their meeting tonight. g. Approval of Chan~e to Pillsbury Sewer Charge Calculation. No questions were asked on this item. Approve Lions Club Liquor License for Re~ion III Softball Tournament at Lake Ann Park~ August 13-15. No questions were asked on this item. i. Approval of Bills. Mayor Mancino asked for a copy of the the money spent on the legislative work for TIF for 1999 and then asked about the water tower construction. The City Engineer gave an update on the progress. Councilman Senn asked about the money spent on body work for the Fire Chief's car. j. Approval of Minutes. No questions were asked on this item. City Council Work Session - July 26, 1999 k. Approval of Resolution Authorizing City to Apply for TIF Funds. No questions were asked on this item. 1. Approve Resolution Authorizing Participation in Safe & Sober Grant. Mayor Mancino asked what the amount of the grant would be. Bob Zydowsky stated he didn't know the amount but it was based on shifts. Mayor Mancino asked if this program was making a difference for the city and Bob Zydowsky stated it was. Approve Adoption of a Program for Development District No. 4 and Plan for Tax Increment Financing District 4-1. Todd Gerhardt passed out a handout with the payment schedule requested by Councilman Senn on paying the district off sooner. Mayor Mancino asked if the City Council could stipulate a four year plan. Todd Gerhardt stated that they could, but if the district was not paid off, they would have to come back for a request for an extension. Appeal Decision of the Planning Commission for a 5 foot variance from the 30 foot front yard setback for the construction of an open porch, 8028 Dakota Avenue, Don and Joyce White. No questions were asked on this item. Appeal Decision for a 5 foot front yard and 30 foot bluff setback variance approved for construction of a single family home for Pat and Judy Neuman, Lot 4, Block 4, Chanhassen Vista, Jori and Laurie Clausen and John and Laura Podergois. Councilman Senn asked if the size of the proposed home was comparable to the rest of the neighborhood and was told it was. Councilwoman Jansen asked for clarification between conservation easement and the bluff setback. Mayor Mancino asked if the deed would show the conservation easement. Cindy Kirchoff stated that because of the age of the plat recording, she would have to go down to the County offices to get that information but the surveyor would document the location of the conservation easement. Councilwoman Jansen stated that neighbors of this property had been warned previously by the city about doing work in the bluff area. Request for an Amendment to the PUD for Arboretum Business Park to permit church assembly worship as an ancillary use in the development; Waiver of Second Reading of Code Amendment; Approve Interim Use Permit for New Life Christian Fellowship, Steiner Development. Mayor Mancino asked if churches were listed an Interim Uses in the PUD. Bob Generous stated that conditions could limit the size of a church. Councilman Senn asked if the city would be under any obligation to expand the use and Bob Generous stated that the church would have ask for an amendment to the Interim Use Permit. Councilman Senn asked if the City was 100% protected from this church asking for a tax exemption. Bob Generous stated that the church was not the underlying property owner and was only leasing the space, but that the city could limit this use to only this one building in the PUD with a 6% maximum. City Council Work Session - July 26, 1999 Eden Trace Corporation: Preliminary Plat approval to replat Lots 9 and 10, Block 1, Chanhassen Lakes Business Park 7tn Addition into Lots 1, 2, 3, Block 1, and Outlots A and B, Chanhassen Lakes Business Park 8tn Addition on property zoned lOP, Industrial Office Park; and Site Plan Review approval for a 20,195 square foot buildin~ and conditional use permit for a daycare facility to be located on Lot 3, Block 1, Chanhassen Lakes Business Park 8t Addition on property zoned lOP, Industrial Office Park, Scott & Associates. Mayor Mancino voiced concerned over the amount of work left to be done, i.e. landscaping, etc. Bob Generous stated this was only preliminary plat and that that work would be completed by final plat approval. 9. Law Enforcement Update, Chief Law Enforcement Officer and Fire Chief. No questions were asked on this item. Mayor Mancino adjourned the work session meeting at 6:25 p.m. Submitted by Scott Botcher City Manager Prepared by Nann Opheim