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SUM CC 2006 08 14 CHANHASSEN CITY COUNCIL REGULAR MEETING SUMMARY MINUTES AUGUST 14, 2006 Mayor Furlong called the meeting to order at 7:05 p.m.. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilwoman Tjornhom, Councilman Peterson, and Councilman Lundquist COUNCIL MEMBERS ABSENT: None. STAFF PRESENT: Todd Gerhardt, Roger Knutson, Laurie Hokkanen, Kate Aanenson, Todd Hoffman, Paul Oehme, and Greg Sticha PUBLIC PRESENT FOR ALL ITEMS: David Jansen Chanhassen Villager Rick Dorsey 1551 Lyman Boulevard Jeff Fox 5270 Howards Point Road Debbie Lloyd 7302 Laredo Drive Janet Paulsen 7305 Laredo Drive Kurt Papke Planning Commission PUBLIC ANNOUNCEMENTS: None. CONSENT AGENDA;Councilman Peterson moved, Councilman Lundquist seconded to approve the following consent agenda items pursuant to the City Manager’s recommendations: a. Approval of Minutes: -City Council Work Session Minutes dated July 24, 2006 -City Council Verbatim & Summary Minutes dated July 24, 2006 Receive Commission Minutes: -Planning Commission Verbatim & Summary Minutes dated July 18, 2006 -Park and Recreation Commission Verbatim & Summary Minutes dated July 25, 2006 b. Chanhassen West Business Park, Project 05-15: Approve Addendum B to the Development Contract. c. Approve Quote for Lake Ann Ballfield Improvement Project. City Council Summary - August 14, 2006 Resolution #2006-51: e. Bighorn Drive Emergency Sewer Repairs, PW 419: Approve Quote. Resolution #2006-52: f. Approval of Resolution Appointing Election Judges for the Primary/General Election and Setting Rates of Pay. Resolution #2006-53: h. TH101 Gap Project 04-06: Approve Resolution Dispensing with Statutory Requirements Authorizing Conveyance of City Owned Property to the State of Minnesota. Resolution #2006-54: i. Water Treatment Plant, Project 04-08: Approve Change Order No. 2 for Wells 2, 5 and 6. Resolution #2006-55: j. Water Treatment Plant, Project 04-08-5: Approve Quotes for Security Contract. Resolution #2006-56: k. Approve Resolution Creating a Land Use Study Area at the Southwest Corner of Powers Boulevard and Lyman Boulevard. l. Accept Resignation of Councilman Steve Labatt. Resolution #2006-57: m. TH 212 Project 03-09: Approve Change Order for Turn Lane on Powers Boulevard. All voted in favor and the motion carried unanimously with a vote of 4 to 0. VISITOR PRESENTATIONS: None. PUBLIC HEARING: WAYTEK, INC., 2440 GALPIN COURT (CHANHASSEN WEST BUSINESS PARK), APPLICANT, EDEN TRACE CORPORATION: A. CONSIDER VACATION OF DRAINAGE & UTILITY EASEMENT. B. REQUEST FOR SITE PLAN REVIEW APPROVAL FOR A 100,000 SQUARE FOOT ONE-STORY OFFICE WAREHOUSE BUILDING (NOT A PUBLIC HEARING). Public Present: Name Address Kelly Morlock 2325 Boulder Road Joel Lehrke 2329 Boulder Road Kate Aanenson presented the staff report and Planning Commission update on this item. Mayor Furlong asked for clarification on the building lighting and berming. Councilman Lundquist asked about usage of the building related to traffic flow. Mayor Furlong 2 City Council Summary - August 14, 2006 opened the public hearing on the vacation of easements. No one spoke regarding the vacation of drainage and utility easements. Mayor Furlong invited anyone from the public who wished to speak on the site plan to come forward. Kelly Morlock, 2325 Boulder Road in the Stone Creek Addition, expressed concern with the developer's influence on the Planning Commission, the buffer yard distance, impervious surface coverage, traffic, pedestrian safety, access, and the size of the building. To summarize he suggested that the City Council not approve the application for the vacation of easements and suggested the City Council not approve the design of Building 6. He would like to see more understory and overstory trees added to the east, north and northwest side of the building, that Building 6 be made of brick, not block, like the surrounding neighborhoods, an updated traffic study which includes the effects of the 2 schools, possible development south of Lyman and employees of the business park and the installation of a stop light. Joel Lehrke, 2329 Boulder Road expressed concern with the materials, namely the tilt up concrete being proposed for the building. Mayor Furlong closed the public hearing. Roger Knutson clarified the council's discretion in decision making on site plan approval and lot line adjustments. After council discussion and comments the following motions were made. Resolution #2006-58: Councilman Peterson moved, Councilwoman Tjornhom seconded that the City Council approves a resolution vacating the drainage and utility easements within Lots 1, 2, and 3, Block 1, Chanhassen West Business Park. All voted in favor and the motion carried unanimously with a vote of 4 to 0. Councilman Peterson moved, Councilwoman Tjornhom seconded that the City Council approves Planning Case Site Plan #06-27 for a two story, approximately 110,000 square foot office-warehouse building, plans prepared by Houwman Architects, dated 6-16-06, subject to the following conditions: 1.The developer shall enter into a site plan agreement with the City and provide the necessary security to guarantee erosion control, site restoration and landscaping. 2.The developer shall extend the sidewalk from the building to the sidewalk on Galpin Court and include pedestrian ramps at all curbs. 3.The building is required to have an automatic fire extinguishing system. 4.The plans must be prepared and signed by design professionals licensed in the State of Minnesota. 5.The developer shall heighten the retaining wall on the south side of the northerly drive-in overhead door to create a wing wall that is a least 10 feet above the grade of the loading dock area. This wall shall extend from the building westerly at least 15 feet then may be stepped downward as it continues west. 3 City Council Summary - August 14, 2006 6.A temporary cover of seed and mulch shall be established on all areas of exposed soils not actively worked within a 14-day time period and within 14 days of achieving final grade. 7.The plans shall show temporary inlet control details for all proposed catch basins, including beehive catch basins. Existing catch basins immediately adjacent to the project shall be protected as well. Plans shall indicate that inlet protection shall be installed within 24 hours of inlet installation. 8.All sediment tracked upon paved surfaces shall be scraped and swept within 24 hours. Plans shall include a designated concrete washout area and/or plans on how the development will handle the concrete wash water. 9.An NPDES Construction Site Permit shall be applied for and received from the MPCA by the owner/operator of the site. 10.The area in which the rain garden is proposed shall be part of a project sequencing plan that will protect the rain garden site from compaction. The rain garden shall not be built until at least 70% of the contributing area is stabilized. The applicant shall submit a planting plan for the garden. 11.Architectural detailing shall be added on the northern building elevation between the smooth bands. 12.Overstory trees shall be added every 40 feet along the north building elevation. 13.The applicant shall revise the landscape plan to show a total of 39 overstory trees within the vehicular use area. Trees may be added to the west side within Outlot C if their installation does not damage root systems of existing trees within that area. 14.A row of four conifer trees shall be added north of the parking spaces in the northwest corner of the loading dock area. 15.Tree preservation fencing is required to be installed prior to any construction around existing trees along Galpin Boulevard, Outlot C and any trees preserved along the north property line. 16.All landscape plantings along Galpin Boulevard shall be field located as to not damage existing plantings. 17.The bufferyard plantings along the north property line shall be spread out between the property line and the building to provide screening in depth. 18.Areas proposed for the preservation of existing trees shall not be sodded. 19.The developer must install a storm sewer stub south of CBMH 6. 4 City Council Summary - August 14, 2006 20.The storm sewer downstream of CBMH 6 will not be owned or maintained by the City since it will not convey runoff from a public right-of-way. 21.The developers of Parcels A and B must enter into a maintenance agreement for this segment of storm sewer. 22.The outstanding balance of the Park Dedication Fees for Parcels A and B must be paid with the building permit. The amounts are $82,600.14 for Parcel A and $29,579.78 for Parcel B. 23.The height of the berm shall be increased and extended to the west to provide additional screening for the existing single-family homes to the north. 24.A revised grading plan must be submitted with the building permit application. 25.Retaining walls four feet high or higher require a building permit and must be designed by an engineer registered in the State of Minnesota. 26.Eight-inch watermain must be looped around the building. This watermain shall be privately owned and maintained. 27.Sanitary sewer and water hookup are due for this site. The 2006 trunk hookup charge is $1,575 for sanitary sewer and $4,078 for watermain. These fees may be specially assessed against the parcel at the time of building permit issuance. 28.A 10-foot clear space must be maintained around fire hydrants, i.e., street lamps, trees, shrubs, bushes, Xcel Energy, Qwest, cable TV and transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1. 29.Fire apparatus access roads and water supply for fire protection is required to be installed. Such protection shall be installed and made serviceable prior to and during the time of construction except when approved alternate methods of protection are provided. 30.Builder must comply with Fire Prevention policies numbers 4, 6, 7, 29, 84, 36, 40, 49 and 52. 31.Drive aisle widths shall be a minimum of 26 feet.” All voted in favor and the motion carried unanimously with a vote of 4 to 0. PUBLIC HEARING: CONSIDER VACATION OF ROADWAY EASEMENT WITHIN LOTS 29-31, BLOCK 1, RED CEDAR POINT, LAKE MINNEWASHTA. 5 City Council Summary - August 14, 2006 Public Present: Name Address Gary A. Peterson 3632 Hickory Greg & Peg Bohrer 3706 Hickory Lane Alfred W. Smith 3714 Hickory Road Richard Comer 3800 Red Cedar Point Drive, Excelsior Paul Oehme presented the staff report on this item. Mayor Furlong and Councilman Lundquist asked for clarification on the road right-of-way vacation and drainage and utility easement. Mayor Furlong opened the public hearing. Richard Comer asked for clarification on how much square footage the property has increased due to the vacation. Gary Peterson asked for clarification on the drainage and utility easement, setback requirements and why the City doesn't vacate the entire road instead of one little chunk. Greg Bohrer questioned the surveys that were done in the area and asked for clarification on the easement. Councilwoman Tjornhom moved, Councilman Peterson seconded to close the public hearing. All voted in favor and the motion carried. The public hearing was closed. After council discussion the following motion was made. Resolution #2006-59: Councilman Peterson moved, Councilman Lundquist seconded that the City Council approves a resolution vacating fifteen (15) feet of Hancock Place right-of-way located along the southwest property line of Lots 29 through 31, Block 1, Red Cedar Point Lake Minnewashta. All voted in favor and the motion carried unanimously with a vote of 4 to 0. PUBLIC HEARING: CONSIDER VACATION OF DRAINAGE & UTILITY EASEMENTS, 6541 & 6561 MINNEWASHTA PARKWAY, KEVIN FARRELL. Public Present: Name Address Kevin & Maureen Farrell 6541 Minnewashta Parkway th Ken Rennick 32670 195 Avenue, New Prague Dean Simpson 2590 Arrowhead Lane Paul Oehme presented the staff report on this item. Mayor Furlong opened the public hearing. No one spoke and the public hearing was closed. Resolution #2006-60: Councilman Peterson moved, Councilman Lundquist seconded that the City Council approves the vacation of drainage and utility easements for Lots 1 and 2, Block 1, Washta Bay Court, contingent upon 6 City Council Summary - August 14, 2006 simultaneous recording of the lot line adjustment, easement vacation and easement dedication. All voted in favor and the motion carried unanimously with a vote of 3 to 0. (Councilwoman Tjornhom was not present during the vote.) AWARD OF BID: CHANHASSEN FIRE DEPARTMENT PUMPER. First Assistant Fire Chief, Sherri Walsh speaking on behalf of the fire department, reviewed the bidding process and asked for City Council approval of the bid from Crimson Fire and Waterous Company for the engine and pump system. Councilman Lundquist asked about any catch with purchasing a demo pump system. Councilwoman Tjornhom asked about the pump being warrantied. Mayor Furlong extended thanks to the members of the truck committee and staff for all their hard work on the purchase. Todd Gerhardt also thanked the truck committee for the extra work they did on the bid specifications. Resolution #2006-61: Councilman Lundquist moved, Councilman Peterson seconded that the City Council approve the purchase of the replacement engine from Crimson Fire in the amount of $339,990 and from Waterous Company for the pump system and accessories in the amount of $29,567 for a total bid of $369,557.05. All voted in favor and the motion carried unanimously with a vote of 4 to 0. MODIFY HIGHCREST MEADOWS STORM WATER POND DESIGN, GRADING AND LANDSCAPING IN THE AREA. Todd Gerhardt asked City Council to table this item to give staff, the developer and members of the Longacres Association additional time and asked for 2 council members to volunteer to attend a work session along with members from the Longacres Association and the Highcrest Meadow developer to work through the details of the proposal. Councilman Peterson moved, Councilwoman Tjornhom seconded to table action on the Highcrest Meadows storm water pond design, grading and landscaping. All voted in favor and the motion carried unanimously with a vote of 4 to 0. ND CONSENT AGENDA: ITEM (d). LIBERY ON BLUFF CREEK 2 ADDITION: FINAL PLAT APPROVAL AND APPROVAL OF PLANS SPECIFICATIONS & AND DEVELOPMENT CONTRACT. Debbie Lloyd, 7302 Laredo Drive after noting the city's web site was unavailable on Saturday and the staff report incomplete, asked why the Lyman Boulevard, Audubon Road intersection was eliminated from this project and when it is planned to be upgraded. She also questioned the cul-de-sac length and private street. Councilman Lundquist moved, Councilman Peterson seconded that the City nd Council approve Liberty on Bluff Creek 2 Addition: 7 City Council Summary - August 14, 2006 1) Final Plat Approval. 2) Resolution #2006-62: Approval of Plans & Specifications and Development Contract. All voted in favor and the motion carried unanimously with a vote of 4 to 0. (The City Council took a short recess at this point in the meeting.) LOREN VELTKAMP, 6724 LOTUS TRAIL, PLANNING CASE 06-25: VARIANCE REQUEST FOR RELIEF FROM 30 FOOT FRONT YARD SETBACK REQUIREMENT FOR THE EXPANSION OF THE SECOND LEVEL OF A HOME WITH NON-CONFORMING SETBACKS. TWO SETBACK VARIANCES WILL BE REQUIRED BECAUSE THE PROPERTY IS A CORNER LOT ZONED SINGLE FAMILY RESIDENTIAL. Public Present: Name Address Jeff King 767 Carver Beach Road Pat & Keith Gunderson 6661 Mohawk Drive Bruce Johansson 6711 Mohawk Drive Matt & Liz Tibbetts 6699 Mohawk Drive Don & Sig Sennes 6680 Mohawk Drive Kate Aanenson presented the staff report and Planning Commission update on this item. The applicant, Loren Veltkamp outlined his request for the council, clarifying the setback and rental situation. Mayor Furlong asked for clarification of the effect of the applicant meeting the definition of a rental dwelling and clarification on the setback requirements. After council comments and discussion the following motions were made. Councilwoman Tjornhom moved, Councilman Peterson seconded that the City Council concurs with the Planning Commission and planning staff's interpretation that the owner of the property at 6724 Lotus Trail, Loren Veltkamp has been renting the property as defined in the City Code Article VIII, Rental Dwelling Licenses, Section 10-217, Rental Dwelling. All voted in favor and the motion carried unanimously with a vote of 4 to 0. Councilwoman Tjornhom moved, Councilman Lundquist seconded that the City Council denies the variance for 22 foot and 15 foot front yard setback variances for the expansion of the second level of a home with non-conforming setbacks in the Single Family Residential (RSF) District at 6724 Lotus Trail, based on the Findings of Fact contained in this staff report and the following: 1. The applicant has reasonable use of the property. 2. The applicant has not demonstrated a hardship. 8 City Council Summary - August 14, 2006 3. There is an alternative process to secure a rental license. All voted in favor and the motion carried unanimously with a vote of 4 to 0. COUNCIL PRESENTATIONS: Mayor Furlong recognized and thanked members of staff, the fire department and the Carver County Sheriff's Department, particularly the posse who serve on a volunteer basis, who came out in force to meet with the residents and various neighborhood parties. ADMINISTRATIVE PRESENTATIONS: Todd Gerhardt outlined the options for filling the council vacancy and recommended the council appoint the largest vote getter from the November election. He thanked members of the Rotary for the volunteers who thth helped paint old Village Hall on August 4 and 5, provided an update on the Barkus th parade that was held on August 12and introduced new Assistant City Manager, Laurie Hokkanen who provided background information on her education and work in city government. CORRESPONDENCE DISCUSSION: None. Councilman Lundquist moved, Councilwoman Tjornhom seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 4 to 0. The City Council meeting was adjourned at 9:45 p.m.. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 9