Loading...
CC Minutes 4-14-08City Council Meeting - April 14, 2008 AUDUBON CORPORATE CENTER/IDI DISTRIBUTORS, 8301 AUDUBON ROAD, APPLICANT: EDEN TRACE CORPORATION/IDI DISTRIBUTORS: REQUEST FOR SUBDIVISION APPROVAL OF 7 ACRES INTO TWO LOTS; SITE PLAN APPROVAL FOR A 55,200 SQ. FT. 2 STORY OFFICE/WAREHOUSE BUILDING WITH A FUTURE 16,272 SQ. FT. EXPANSION; AND A WETLAND ALTERATION PERMIT TO ALTER OR FILL WETLANDS ON SITE. Bob Generous: Thank you Mayor, council members. As you stated, this is a three part approval. The first part is a subdivision. This property is located on Audubon Road, just south of the railroad tracks. It’s on the east side of the road. To the south of it is the Chanhassen Lakes Business Park. To the west of it is Chanhassen Business Center. The subdivision is in two lots on a 7 acre parcel. And this is actually since the Planning Commission saw that, saw this, the applicant has revised the plat slightly to provide additional land to the north property to enhance the wetland protection potential for that property, as well as to make the property owner a little more comfortable about the development potential for that lot. These lots have, the north lot has increased approximately half an acre in size by this lot line change, and the south lot has gotten approximately a half acre smaller. Mayor Furlong: So the line moved south? Bob Generous: It moved south about 53 feet. Mayor Furlong: Okay. So both of the lots will meet the, they exceed the minimum requirements for IOP district regulations so they comply with all other standards that we have. The only issue as part of the subdivision is that there…wetlands on the site. The wetland 1 is right at the entrance to the property. And because of the filaments on there, it’s impossible to avoid these wetlands so they’re completing fill this and mitigating that one. As part of the development of the northern property, they’re looking at potential wetland impacts. However at this time they don’t have a final development plan so we’re not sure that their proposed impacts are, the minimum that are required to actually develop the property. As part of the subdivision we are recommending that this northerly lot be platted as an outlet at this time to allow the developer to come in with a final development plan and a final grading plan, and at that time you can evaluate whether or not it meets the requirements of the Wetland Conservation Act for avoidance and then minimizing impacts and then finally the mitigation requirement. On the south side there’s one other wetland that is avoided through the development of the property so there’s no impacts on that. Staff is recommending approval of the subdivision to create one lot at this time and one outlot for the northern property. They would have a joint access from Audubon Road for both properties so there’d be a cross access agreement. Additionally all the truck traffic would be limited to an access that was preserved through, to the development to the south and so this is where the semi trailers coming into the site will be limited to that, and that’s primarily because of the sight distance issues coming over the bridge on Audubon onto the site. Mayor Furlong: Bob, excuse me. Before you, can you show us where the, you said there’s a cross access across the northern lot. 8 City Council Meeting - April 14, 2008 Bob Generous: It will come in here and then they’ll be able to share this for truck traffic if it’s necessary to this property. Mayor Furlong: Okay. Bob Generous: This northerly parcel will basically they’ll split that roadway or that driveway area and then this will be an access agreement between the two properties. Mayor Furlong: Okay. So the one off Audubon there will serve both. Bob Generous: Serve both lots, correct. Mayor Furlong: Both lots, and then the other cross access is to the south for the truck traffic. Bob Generous: Right, for truck access to the site. Mayor Furlong: Okay. And would that also serve as truck access for the northerly lot too? Bob Generous: Yes, semi trailers. Mayor Furlong: Semi trailers, okay. Bob Generous: Then our conditions of approval is that they revise this final plat document to show the, Lot 1 as shown here becomes an Outlot A. And then Lot 2 becomes Lot 1. And then as part of the grading this southern grading plan shows they’re providing a storm water ponding. They’re actually expanding the ponding to the east to handle this. There’s something unique about this property. It’s actually in two watershed districts. The northern property goes to Bluff Creek and this other one goes to Lake Susan so we have to make sure that we continue to direct the water in the appropriate location as part of any development proposal. And that’s, when the applicant originally when he came in under the grading plan they showed impacts to this northerly wetland that came all the way into here and impacted that. We advised them that they need to revise this. They haven’t done completely what we directed, but they have improved the impacts and reduced the amount. One of the things that we’re recommending is that they use the finished floor elevation on this building down to 952. Apparently they showed this at 954 so they can drop that can that reduces the grades of the grading that will have to take place on this site. So with that staff however is recommending approval of the plat as stated with conditions in the staff report. And those begin on page 16. The second part is the site plan. And this is on the southerly lot, which would be Lot 1. It’s ultimately it will be approximately a 71,000 square foot office warehouse building. The first phase is 55,200 square feet. They have just 45,200 square feet on the footprint and then another 10,000 square feet on the second floor. The office space is limited to the west side of the building. The entire first floor area would be warehouse except for the entry into the office. One story building. I don’t know if this shows up on this. It’s a cement finished building. There’s an added concrete and I have the material samples here. And faux stone finish and the columns and at the lower level like a light stone around the building. Again the second floor on the west elevation is the office space and so that’s where all the articulation and windows are located. However they are, most of them including window 9 City Council Meeting - April 14, 2008 space on the lower level. We believe this is an attractive building and it complies with all the requirements of the Chanhassen City Code for site plan review. We are recommending approval of the site plan for this development based on the conditions of the staff report. And finally for the wetland alteration permit. Again we’re only recommending approval of the impacts to the wetland 1. The one that’s right at the entrance to the site. When they’re ready to come in the final plat, the northerly lot, the outlot and have a site plan review, then we’ll review that wetland impact wetland alteration permit at that time and give it approval. With that I’d be happy to answer any questions. Thank you. Mayor Furlong: Thank you. Any questions for Mr. Generous? Um, go ahead. Councilman Litsey: Well I was just going to say, I guess I’m still a little unclear. We talked about the impacts of the wetlands and that they’ve met some of the things that were asked of them. Where’s that at? I mean is it, how much more needs to be done with that? Bob Generous: Yes. On the first building they’ve met all our discussions on that. On the second building they just have a concept right now so we don’t really know if they need all those impacts. They show, the revised landscaping, or grading plan that they brought in is their second iteration and we’ve seen that they can have reduced the potential impacts to that site but we don’t really know what the final use of that property is. We can’t do the evaluations to determine if it complies with the Wetland Conservation Act and city ordinance on that. We think, they’re moving in the right direction. We think there’s possibly some additional things that would help. One, like I said, reducing the finished floor elevation by 2 feet reduces the, how far out they have to grade the site and so that will, may help it some more. We don’t know yet. We don’t have that information and so when we do we can make that evaluation. Councilman Litsey: But you’re comfortable with the safeguards that are in here to help control that process so that we’ll make sure that happens. Bob Generous: Yes. Councilman Litsey: Okay. Kate Aanenson: So the end is just a future decision. We want to, until we actually have a real building. Councilman Litsey: Right. Okay, that helps. Thanks. Mayor Furlong: And it’s clear on here that that is a future decision. That that’s. Bob Generous: Yes. And both the subdivision and the wetland alteration permit specify that. Mayor Furlong: Can you put the plat back up again? Actually we can start with that picture because I had a question on that too for the site plan. Bob Generous: We’ll start with this one? 10 City Council Meeting - April 14, 2008 Mayor Furlong: Start with that one right there, sure. The green hash area to the north of the purple box, it says future addition. Bob Generous: Yes. Mayor Furlong: Now is that, did you look at this as if that addition was being. Bob Generous: That’s correct. As far as our evaluation for site coverage and parking, that would be included in that. Mayor Furlong: Okay. Alright. Bob Generous: Right now we’re saying you can enhance the environment there. Plant some additional trees so that employees have a place to sit outside and then when you need to expand, you can go ahead and cut those trees down and there’d be no penalty against it. Mayor Furlong: Okay. Okay. If you have the one with the two lots that shows the wetlands on it. I think that might be getting back to Councilman Litsey’s point… The one that they’re impacting, as we look at this, is the lower left. And that’s being filled in and mitigated for other means. Bob Generous: Right. They’re buying wetland credits. Mayor Furlong: Okay. And then the one that Mr. Litsey was talking about, Councilman Litsey is that one up there, that you’re pointing to now? Bob Generous: Correct. Mayor Furlong: That one up there so everybody knows exactly which one I’m looking at when I say that one right there. That’s going to look real good on the minutes too. The wetland to the far right there over by Lot 1. Are they impacting the lower one there, yes? You’re pointing to it now. I don’t know if that’s 2 or 3 or what number that is. Bob Generous: This is Wetland 3 and they are not impacting. They’re combined with the buffer yard requirements and all setback requirements. Mayor Furlong: Okay. Okay, good. Thank you. Did you get? Councilman Litsey: Yep. That helps, thanks. Mayor Furlong: Other questions. Councilwoman Tjornhom. Councilwoman Tjornhom: There seems to be this discrepancy when it comes to the landscaping and trees in the parking lot. Required is 24 overstory and proposed is 4. That’s a huge 11 City Council Meeting - April 14, 2008 difference. What formula did we use to decide that we needed 24? That’s in our landscaping. And also to Bob, islands versus 8. There’s a chart. Bob Generous: Yes, I see that. I didn’t realize there was that big a discrepancy. I do have the landscaping plan. Councilwoman Tjornhom: Is it a typo? Bob Generous: I think it’s because they’re not showing the landscaping… There’s ample opportunities to provide those to the site. Councilwoman Tjornhom: Okay. Bob Generous: On the back and adjacent to the truck access area up in the northwest corner of the site. Councilwoman Tjornhom: And what is the methodology for deciding 12 islands versus 8 islands? Bob Generous: The ordinance requires a landscape island for every 6,000 square feet of vehicular use area so when you calculate all the drive area, it’s an equation and then they come up with those numbers. Mayor Furlong: So I guess to follow up on that question is, right now it’s one of the conditions that they meet the requirements. Bob Generous: That they comply with the city ordinance, correct. Mayor Furlong: Okay. Other questions at this time for staff? The applicant, any comments? Thoughts? Make any comments? Mark Undestad: Just one quick one mayor and council members. Mark Undestad with Eden Trace. Just what’s kind of going on recently on that north lot. The current owner of that, we are going to put together a grading plan, a building design plan to get that thing rolling. Up until just a few days ago the thought was to plat it out and then… Just to get all this stuff worked out right now. And hopefully get some of the dirt work and stuff cleaned up now before we put that building in and we’re not doing damage to the parking lot and roads. Mayor Furlong: So are you going to be grading much up into that outlot now into the northerly lot or? Mark Undestad: No, not right now. What we’re going to do is we’re going to put a plan together right now to show you know what can go on there. Future building and… Mayor Furlong: Okay. 12 City Council Meeting - April 14, 2008 Mark Undestad: Once we get that all in here and approved, then we can get the site graded. The dirt work ready now but the building may not go in for a year or two. Mayor Furlong: On the northerly lot as well? Okay. Mark Undestad: But again that would be a separate grading. Separate… Mayor Furlong: Oh, that would come back through? Kate Aanenson: Our ordinance requires that they’d have to have grading approval in order to put, you know if they wanted to balance the site and make it work so they didn’t have to come back and do that later, which is often prudent but because it involves the wetland permitting, we’d have to have more detail on that so that’s something that we would work through. Mayor Furlong: That would be a second proposal, application coming through so. Kate Aanenson: Yes, exactly. Mayor Furlong: Okay, okay. Alright. Good, any questions for Mr. Undestad, the applicant? Okay. No? Very good. Thank you. Any follow up questions at all? Other than that, comments. Thoughts. Mr. Litsey. Councilman Litsey: I think it’s been answered and I’m comfortable with what staff recommended. Mayor Furlong: Okay, thank you. Councilwoman Ernst. Councilwoman Ernst: No. I’m fine with the proposal. Councilwoman Tjornhom: No, I think it will be a good project and a nice looking building and so it will be another good building in Chanhassen. Councilman McDonald: It ends up being a good fit for the neighborhood that it’s in and everything. I think it will add something so I’m fine. Mayor Furlong: Okay. Very good. I agree with council because I think a lot of work has been done and it’s ready to go. I think that it is a good looking building and it’s going to add to the, that corridor there along Audubon Road and the businesses along there so I think that’s good. Any other comments? If not, the motions. We have 3 motions. They begin on page 151 of our electronic packet or page 16 of the staff report. Todd Gerhardt: Mayor, I just wanted to add a comment. John Sullivan I think kind of gave a great preamble to this development. This has kind of been our signature here for the past 6 years and watching a lot of office industrial come into the community and you’re going to probably see some more of this in the coming year so I think Mark has done an excellent job with some of his developments. Working with Steiner on their’s. It is very tastefully done and it creates jobs. It 13 City Council Meeting - April 14, 2008 feeds our retail community and Dave has been a long time resident and community business person and you know it’s nice to see him maximize the use of his property this way so, I think he really cares on how this development is done so you have 2 good people working on this one. Mayor Furlong: Sounds great. Thank you for those comments. Anybody who’d like to start with a motion? Councilwoman Tjornhom: I’d love to start with a motion. The Planning Commission, let’s see. The Chanhassen City Council, I’d like to make a motion that the Chanhassen City Council approve the subdivision, preliminary and final plat creating one lot and one outlot and right-of- way for Audubon Road, plans prepared by McCombs Frank Roos Associates, Inc, dated 2/15/08, revised 4/04/08, subject to the following conditions 1 through 39. Mayor Furlong: Okay. Councilman McDonald: I second. Mayor Furlong: That’s fine. Any reason, does anybody object to us taking all 3 at the same time? Just to go faster. Why don’t we go ahead and go with B. Councilwoman Tjornhom: Let me get that. I’d also like to make a motion that the City Council approve the Site Plan for IDI Distributors for a 71,500 square-foot, two-story, office-warehouse building to be built in two phases, plans prepared by Houwman Architects, dated 01-24-08, revised 03-05-08 and 04-04-08, subject to the following conditions 1 through 26. And then I’d like to make the motion the City Council approves the Wetland Alteration Permit for the grading and filling of wetlands on the site, plans prepared by, dated received February 29, 2008, revised 04/04/08,subject to the following conditions 1 through 9. Mayor Furlong: Very good. Mr. McDonald, second? Councilman McDonald: I second all three. Mayor Furlong: Thank you. Any discussion? No? Resolution #2008-26: Councilwoman Tjornhom moved, Councilman McDonald seconded that the City Council approves the subdivision (preliminary and final plat) creating one lot and one outlot and right-of-way for Audubon Road, plans prepared by McCombs Frank Roos Associates, Inc, dated 02/15/08, revised 04/04/08, subject to the following conditions: , 1.Lot 1as shown in the preliminary plat, shall be designated as Outlot A until the ultimate development of the lot is determined and a revised grading plan submitted that shows the wetland impacts. 2.The applicant shall use BWSR U8 in all graded areas along the eastern property line. 14 City Council Meeting - April 14, 2008 3.Existing City boulevard trees will be protected with fencing during all phases of construction. The applicant will be responsible for replacing any trees that die as a result of construction activity. 4.The north lot will be required to provide buffer yard and parking lot landscaping as required by ordinance at the time of site plan approval. 5.All trees on the north lot within the wetland buffer and setback shall be preserved until a final grading plan is approved for the lot. The developer shall work with staff as part of the development of the site to preserve these trees through revised grading and the use of retaining walls. 6.A wetland buffer 20 feet in width and a 30-foot setback from the wetland buffer must be maintained around all wetlands on the property. Secondary structures are allowed to encroach up to 50% of the setback. It appears that the retaining wall has exceeded the allowed encroachment and needs to be moved out of this 15-foot setback. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City’s wetland ordinance. The applicant must install wetland buffer edge signs, under the direction of City staff, before construction begins and must pay the City $20 per sign. 7.The retaining wall needs to be moved so that it is at least 15 feet from the edge of the buffer or 35 feet from the wetland edge. 8.A NPDES Phase II Construction Site Storm Water Permit will be required from the Minnesota Pollution Control Agency (MPCA) for this site. 9.The proposed storm water pond shall be constructed prior to disturbing upgradient areas and used as a temporary sediment basin during mass grading. Diversion berms/ditches may be needed to divert water to the pond and a temporary pond outlet shall be provided. The outlet could be a temporary perforated standpipe and rock cone. The plans shall be revised to include a detail for the temporary pond outlet. 10.A detailed construction plan needs to be created for the pond construction which shows how water quality of the existing pond and adjacent water body will be protected. At a minimum, this must show how the pond will be dewatered and what best management practices will be employed. 11.All silt fence that is not laid parallel to the contours shall have J Hooks installed every 50-75 feet. 12.A stable emergency overflow (EOF) for the stormwater pond shall be provided. The EOF could consist of riprap and geotextile fabric or a turf reinforcement mat (a permanent erosion control blanket). A typical detail shall be included in the plan. The overland route from the EOF to the existing wetland shall be shown on the plans and shall be encumbered by a drainage and utility easement. 15 City Council Meeting - April 14, 2008 13.Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Type of Slope Time (Maximum time an area can Steeper than 3:1 7 days remain open when the area 10:1 to 3:1 14 days is not actively being worked.) Flatter than 10:1 21 days These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. 14.Inlet protection may be needed prior to installation of the castings for the curbside catch basins. In that case, all storm sewer inlets shall be protected by at least fabric draped over the manhole with a steel plate holding the fabric in place. 15.At this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $59,365.80. 16.The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Minnesota Pollution Control Agency, Minnesota Department of Natural Resources (for dewatering)) and comply with their conditions of approval. 17.Full park fees in lieu of parkland dedication and/or trail construction shall be collected as a condition of approval for this subdivision. The park fees shall be collected in full at the rate in force upon final plat submission and approval. 18.Approval of the subdivision in no way should convey to the applicant, the land owner or any subsequent owners and occupants approval of the wetland impacts indicated within Wetland 2 as shown on the conceptual grading plan or any other wetland impacts resulting from the development of this parcel. Any grading which, as a result of the development of Lot 1, occurs on Lot 2 must provide sediment and erosion control best management practices to protect the wetland and the buffer area. 19.No burning shall be issued for trees to be removed. Trees and shrubs must be removed from site or chipped. 20.Remove all existing structures prior to the commencement of grading. 21.This site must be mass graded to minimize future truck traffic upon completion of the southern parcel. A 20-foot buffer is required around the wetland on the northern parcel to prevent grading from taking place. Please revise the grading plan and show silt fence in this location so the contractor can determine the grading limits. Also, the building pad 16 City Council Meeting - April 14, 2008 elevation of the northern parcel shall be lowered to an elevation of 952 to minimize the impacts to the wetland. 22.The grading plan needs to be revised. The proposed contours on the northern property need to be revised showing the wetland buffer of 20 feet. Show the existing conditions within 100 feet of the property line. 23.Normal water level of the existing wetlands should be shown on the plan. Also, include the normal water level and high water level of the revised pond. Show emergency overflows on the plan. Keep a minimum of 2 percent slope in the grass areas, 1 percent in the pavement areas, and .5 percent along the curb lines. 24.Development of the northern parcel will require a stormwater pond to treat the water prior to discharge into the wetland. This pond should discharge to the wetland northeast of the site. 25.Revise the drainage calculations. The existing drainage map should include three areas: One area discharges to the northern wetland, one to the eastern wetland and one to the existing pond. Revise the calculations to show the pre- and post-development peak discharge into the northern and eastern wetland. Post-development peak discharges must remain less than pre-development peak discharges for the 2-, 10-, and 100-year storm events. Drainage calculations must be signed by a Professional Engineer registered in the State of Minnesota. 26.Rational method calculations, including drainage map, must be provided for the sizing of the storm sewer. 27.If importing or exporting material for development of the site is necessary, the applicant will be required to supply the City with detailed haul routes. 28.Building permits are required for all retaining walls four feet tall or higher and must be designed by a Structural Engineer registered in the State of Minnesota. Additional top and bottom elevations should be added to the retaining wall. 29.All of the utilities within the boundary should be privately owned and maintained. These utilities must be covered by a cross-access agreement. The proposed watermain th connection into Chanhassen Lakes Business Park 7 Addition must wet tap the existing watermain. 30.Utility plans shall show both plan view and profiles of all utilities (sanitary sewer, water, and storm sewer lines). 31.Determine actual elevations of existing utilities. A minimum vertical separation of 18 inches is required at all storm, sanitary, and watermain crossings. Provide details of each crossing to ensure minimum separation. 17 City Council Meeting - April 14, 2008 32.Each new lot is subject to the sanitary sewer and water hookup charges. Lot 1, Block 1 will get credit for 8 trunk sanitary sewer charges. Lot 2 will get credit for 15 trunk sanitary sewer charges. No trunk water charges have been paid. The 2008 trunk hookup charge is $1,769 for sanitary sewer and $4,799 for watermain. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the time of building permit issuance. All of these charges are based on the number of SAC units assigned by the Met Council and are due at the time of building permit issuance. 33.All of the utility improvements are required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. The applicant is also required to provide the City with the necessary financial security in the form of a letter of credit or cash escrow in the amount of $13,200.00 to guarantee the installation of the pond, erosion control, and seeding. The applicant must also notify the City after installation of the erosion control and 48 hours prior to the commencement of grading. Permits from the appropriate regulatory agencies will be required, including the MPCA and the Dept. of Health. 34.Easements are required to provide access to Lot 1, Block 1. A private drive easement will be required to provide access to Lot 1, Block 1 off of Audubon Road. An additional private easement will be required to provide truck access through Chanhassen Lakes th Business Park 7 Addition and up to Lot 1, Block 1. The easements for the gas line and power line must be shown on the plat. No work will be allowed in this area without the approval of the owner of the easement. A drainage and utility easement will be required over the proposed pond for Lot 2, Block 1. Also, a temporary drainage and utility easement should be placed on the entire Lot 1, Block 1 until the time of final plat of this parcel. Provide location and easement for pond access. 35.Shift proposed drive off of Audubon Road so that the center of the driveway is located 70 feet north of the Kingdom Hall drive. Due to limited site distance, this driveway location will be limited to passenger vehicles only. Truck-trailer access must be provided to Lot th 1, Block 1 through Chanhassen Lakes Business Park 7 Addition. 36.The boundary survey and preliminary plat need to be revised. Add existing conditions and property lines within 100 feet of the boundary. Also, the legal description does not match the bearings on the preliminary plat. 37.Upon completion of the public street, the applicant shall submit a set of “as-built” plans signed by a professional engineer. 38.Collector and Arterial Roadway Traffic Impact Zone fees will be collected with the final plat. The fee will be based on the commercial rate of $3,600 per developable acre. 39.All outstanding assessments must be paid prior to final plat.” All voted in favor and the motion carried unanimously with a vote of 5 to 0. 18 City Council Meeting - April 14, 2008 Councilwoman Tjornhom moved, Councilman McDonald seconded that the City Council approves the Site Plan for IDI Distributors for a 71,500 square-foot, two-story, office- warehouse building to be built in two phases, plans prepared by Houwman Architects, dated 01-24-08, revised 03-05-08 and 04-04-08, subject to the following conditions: 1.The applicant shall enter into a site plan agreement with the City and provide the necessary security to guarantee erosion control, site restoration and landscaping. 2.The development shows metal halide lighting which must be revised to high-pressure sodium vapor. All light fixtures shall be shielded. 3.The developer shall provide a sidewalk connection from the site to the trail on Audubon Road. Pedestrian ramps shall be provided at all curb cuts. 4.The future building expansion shall continue the same architectural detailing of the first phase of the building. 5.The applicant shall meet minimum requirements in all bufferyard areas. 6.The applicant shall plant three boulevard trees along Audubon Road in the empty spaces created by entry drive rearrangements. 7.The applicant shall meet minimum requirements for parking lot trees. 8.The future expansion area will be seeded with a fescue mix and planted with bare root aspens, or other trees as approved by the City, at a spacing of 15 feet. These trees may be removed with no penalty when the expansion is needed. 9.The applicant shall use BWSR U8 in all graded areas along the eastern property line. 10.Existing City boulevard trees will be protected with fencing during all phases of construction. The applicant will be responsible for replacing any trees that die as a result of construction activity. 11.A wetland buffer 20 feet in width and a 30-foot setback from the wetland buffer must be maintained around all wetlands on the property. Secondary structures are allowed to encroach up to 50% of the setback. It appears that the retaining wall has exceeded the allowed encroachment and needs to be moved out of this 15-foot setback. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City’s wetland ordinance. The applicant must install wetland buffer edge signs, under the direction of City staff, before construction begins and must pay the City $20 per sign. 12.The retaining wall needs to be moved so that it is at least 15 feet from the edge of the buffer or 35 feet from the wetland edge. 19 City Council Meeting - April 14, 2008 13.A NPDES Phase II Construction Site Storm Water Permit will be required from the Minnesota Pollution Control Agency (MPCA) for this site. 14.The proposed storm water pond shall be constructed prior to disturbing upgradient areas and used as a temporary sediment basin during mass grading. Diversion berms/ditches may be needed to divert water to the pond and a temporary pond outlet shall be provided. The outlet could be a temporary perforated standpipe and rock cone. The plans shall be revised to include a detail for the temporary pond outlet. 15.A detailed construction plan needs to be created for the pond construction which shows how water quality of the existing pond and adjacent water body will be protected. At a minimum, this must show how the pond will be dewatered and what best management practices will be employed. 16.All silt fence that is not laid parallel to the contours shall have J Hooks installed every 50-75 feet. 17.A stable emergency overflow (EOF) for the stormwater pond shall be provided. The EOF could consist of riprap and geotextile fabric or a turf reinforcement mat (a permanent erosion control blanket). A typical detail shall be included in the plan. The overland route from the EOF to the existing wetland shall be shown on the plans and shall be encumbered by a drainage and utility easement. 18.Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Type of Slope Time (Maximum time an area can Steeper than 3:1 7 days remain open when the area 10:1 to 3:1 14 days is not actively being worked.) Flatter than 10:1 21 days These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. 19.Inlet protection may be needed prior to installation of the castings for the curbside catch basins. In that case, all storm sewer inlets shall be protected by at least fabric draped over the manhole with a steel plate holding the fabric in place. 20.The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Minnesota Pollution Control Agency, Minnesota Department of Natural Resources (for dewatering)) and comply with their conditions of approval. 20 City Council Meeting - April 14, 2008 21.A 3-foot clear space shall be maintained around the circumference of fire hydrants except Section 508.5.5 MSFC. as otherwise required or approved 22.Post fences, vehicles, growth, trash, storage, and other materials shall not be placed or kept near fire hydrants, Fire Department inlet connections or fire protection control valves in a manner that would prevent such equipment or fire hydrants from being immediately discernable. The Fire Department shall not be deterred or hindered from Section 508.5.4 gaining immediate access to fire protection equipment or fire hydrants. MSFC. 23.No burning shall be issued for trees to be removed. Trees and shrubs must be removed from site or chipped. 24.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. 25.Yellow curbing and no parking fire lane signs will be required. The developer shall contact the Chanhassen Fire Marshall for exact location of yellow curbing and locations of signs to be installed. 26.Dumpsters, if placed outside, shall be properly screened.” All voted in favor and the motion carried unanimously with a vote of 5 to 0. Councilwoman Tjornhom moved, Councilman McDonald seconded that the City Council approves the Wetland Alteration Permit for the grading and filling of wetlands on the site, plans prepared by , dated received February 29, 2008, revised 04/04/08, subject to the following conditions: 1.The applicant shall produce an Application for Withdrawal of Wetland Credits and a purchase agreement for the application to be considered complete. Upon receipt of this information, a notice of application will be sent to the required recipient list and comments must be accepted for at least 14 days. At the end of the comment period, a decision on the proposed impacts and mitigation can be finalized. It appears that sequencing flexibility would be applicable to this wetland. 2.A wetland buffer 20 feet in width and a 30-foot setback from the wetland buffer must be maintained around all wetlands on the property. Secondary structures are allowed to encroach up to 50% of the setback. It appears that the retaining wall has exceeded the allowed encroachment and needs to be moved out of this 15-foot setback. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City’s wetland ordinance. The applicant must install wetland buffer edge signs, under the direction of City staff, before construction begins and must pay the City $20 per sign. 21 City Council Meeting - April 14, 2008 3.The retaining wall needs to be moved so that it is at least 15 feet from the edge of the buffer or 35 feet from the wetland edge. 4.That portion of the wetland buffer adjacent to the proposed earthwork shall be planted in a suitable native seed mix. 5.As the area at the toe of the retaining wall is unlikely to be mowed, a suitable BWSR seed mix shall be used below the retaining wall within the area to be graded. 6.Approval of the subdivision in no way should convey to the applicant, the land owner or any subsequent owners and occupants approval of the wetland impacts indicated within Wetland 2 as shown on the conceptual grading plan or any other wetland impacts resulting from the development of this parcel. Any grading, which as a result of the development of Lot 2 occurs on Lot 1 (Outlot A), must provide sediment and erosion control best management practices to protect the wetland and the buffer area. 7.In order for any impacts to occur on the northern parcel, Lot 1 (Outlot A), a detailed site plan and wetland application would need to be submitted. With this submittal, a thorough discussion of sequencing considerations for wetland avoidance and/or impact minimization is required. 8.The applicant needs to show that the wetland was avoided or provide documentation indicating why wetland avoidance is not possible. If wetland avoidance was shown to the satisfaction of the Local Government Unit to not be possible, the applicant would need to show that the impacts were minimized to the greatest extent practicable. 9.No impacts are indicated for Wetland 3 and a no net loss decision will be rendered for this area.” All voted in favor and the motion carried unanimously with a vote of 5 to 0. APPOINTMENTS TO COMMISSIONS. Mayor Furlong: Over the last few meetings, during the meetings in March we interviewed a number of candidates for our various commissions. We made appointments to the Planning Commission earlier at our March meeting, and I cannot get to, is there a paper copy? Thank you. We also had interviews, interviewed residents that were interested in serving our park and rec, our environmental and our senior commission as well, and there was a number of good candidates as usual. Interested in serving. After much discussion of the council at the last one decided to move forward with a number of the applicants for appointments. For the Park and Rec Commission there are three-3 year positions and it will be the intention here this evening to appoint Glenn Stolar, Steve Scharfenberg, and Scott Wendt to those 3 positions on the Park and Rec Commission. For the Environmental Commission we had two-3 year positions. We move forward this evening with appointment of J. Richard Relick and Beverly Foster to those two positions on the Environmental Commission. And then there were also two positions on the Senior Commission and we’ll move forward and appoint Carol Buesgens and Fred Prinz to those 22