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CC Summary Minutes 9-27-04 City Council Summary - September 27,2004 All voted in favor and the motion carried unanimously with a vote of 5 to O. REQUEST FOR AMENDMENT TO THE ARBORETUM BUSINESS PARK PUD DESIGN STANDARDS TO PERMIT RETAIL USES ON BLOCK 1, ARBORETUM BUSINESS PARK 4TH ADDITION; LOCATED SOUTH OF HIGHWAY 5. WEST OF CENTURY BOULEVARD. AND NORTH OF CORPORA TE PLACE; HELSENE PARTNERS. LLC. Bob Generous presented the staff report. Mayor Furlong asked for the applicant's input. Chris and Brenda Helsene, 5685 Great Lorenz Road, Shorewood and Gene Helsene, 11613 Shady Oak Road, Minnetonka spoke in support of the PUD amendment to allow commercial. Staff explained their recommendation of denial and addressed the issue brought up at the Planning Commission meeting suggesting the use of an Interim Use Permit. Mayor Furlong stated, and Councilman Peterson concurred, that they did not see a compelling reason to grant the amendment request. Councilman Lundquist moved, Councilman Labatt seconded that the City Council denies the amendment to the Planned Unit Development (PUD #92-6) development design standards to permit retail uses based on the amended findings of fact and recommendation attached to this report. All voted in favor and the motion carried unanimously with a vote of 5 to O. REQUEST FOR AN INTERIM USE PERMIT FOR GRADING AND RESTORA TION OF THE MOON VALLEY GAVEL MINE. BEATRICE ZWIERS. Bob Generous presented the staff report and an update on the Planning Commission review. Mayor Furlong asked staff to address the question of escrow and what happens if the developer can't continue part way through the 5 year project from an erosion and storm water standpoint. He also asked where the grading plan faHs in terms of maximizing development at the expense of the natural resources, very specifically trees. Councilman Labatt asked staff to show where the current buildings and mining activity took place in relation to the restoration plan. The developer Dan Herbst, 7640 Crimson Bay, Chanhassen and the engineer, Justin Larson with Sathre-Berquist were present. Mr. Herbst talked about his company's future plans for the restoration area. Councilman Peterson moved, Councilman Ayotte seconded that the City Council approves Interim Use Permit Case #04-27 to permit grading, excavation and slope restoration as proposed on the plans prepared by Sathre-Berquist, Inc., dated 7/16/04, subject to the following conditions: 1. The interim use permit shaH be approved for a period of five (5) years from the date of City Council approval. Annually the grading permit must be renewed. The applicant will need to request a formal extension 60 days prior to the expiration date of the permit. 3 City Council Summary - September 27,2004 2. The existing buildings and outbuildings and any septic system or wells on site shall be abandoned in accordance with City and/or State codes. 3. The applicant shaH perform a Phase I Environmental Audit of the property to determine if the gun range or other site operations have environmentally impacted the property. 4. The applicant must provide the City with a cash escrow or letter of credit in the amount of 100% of the construction costs for the appropriate phase of the grading operations to guarantee erosion control measures, site restoration and compliance with the interim use permit. 5. Permits from the appropriate regulatory agency must be obtained; including but not limited to the MPCA and MnDot. 6. Details for the proposed pond outlets shall be submitted for review by the City. 7. On-site ponding shaH be adjusted, if necessary, at the time of site development to meet the City's requirements for proposed build-out conditions. 8. If erosion control measures instaHed in conjunction with this interim use permit are deemed by the City to be effective, the City shall inform the applicant in writing of any deficiencies. The applicant shall work with the City to remedy the deficiencies in a timely manner. 9. Stabilization of the toe (first 150 feet of the slope) shall be completed immediately upon final grade. Stabilization shall be done in phases. Large portions of the site shall not be left exposed over weekends or during forecasted heavy rains. 10. The slopes shall be tracked with a dozer at aH times. The dozer shall be run perpendicular to the slope to track the slope. 11. The northeast "corner" of the slope (north of soil boring 18, south of soi I boring 14 and inbetween soil borings 10 and 15) shall be stabilized so as to promote long term stability. This may include a terrace, turf reinforcement mat and slope drain. 12. AH blankets installed on site shall be properly applied. The blankets shaH make 100% contact with the soil, stapled according to manufacturer's specifications and head trenched. 13. Geotextile and riprap or geogrids or other approved stabilization shall be used to provide toe protection. 14. The seed mix specified (MN DOT 500) shaH be changed to MN DOT Native Mix 340 (Sandy Mid Height, dry conditions- i.e. south facing slope). An application 4 City Council Summary - September 27, 2004 rate of 16 pounds per acre is recommended (20 pounds per acre for hydoseeding or broadcasting). 15. Silt fence shaH be installed at least 25 feet away from the toe of the slope to provide storage and allow the silt fence to function properly. As stated on the plan, the temporary sediment basins shall be installed prior to grading activities. Berms may be needed to divert runoff into the basins along TH 212. 16. The applicant must provide a proposed haul route for review and approval. 17. If the excess material is hauled to another site in Chanhassen, a separate grading permit will be required for the other property. 18. All disturbed areas as a result of construction are required to be reseeded and mulched within two weeks of site grading. 19. The applicant must pay the City an administration fee of $7,124 prior to the City signing the permit. 20. Add the benchmark to the plan that was used for the site survey. 21. End the grading on the eastern side of the creek at the proposed high-point elevation in the usable area of 756. 22. In the future, when a development proposal is submitted, drainage and utility easements over the ponds and creek will be required. 23. Add Type I silt fence in the southeast corner of the site around the grading limits and around the proposed pond outlet. 24. Permitted hours of operation will be 7:00 a.m. to 6:00 p.m., Monday through Friday, and 9:00 a.m. to 5:00 p.m. on Saturday with no work permitted on Sunday or legal holidays. 25. Appropriate signage for hauling along TH 212 is required. 26. Tree preservation fencing must be instaHed at the edge of grading limits. 27. MN DOT Native Mix 340 be used for the seeding. 28. AH restored slope shall be planted with trees. The trees shall be bare-root, native species, one-half to one inch in diameter, five to ten foot spacing in a random pattern from the top to the toe of the slope. The approximate number of trees needed is 20,000 (7' x 7' spacing). 5 City Council Summary - September 27,2004 Spacing (feet) 5x5 6x6 7x7 8x8 lOxlO Trees per acre 1,742 1,210 889 681 436 29. A driveway access to 230 & 240 Erie Avenue must be maintained at all times during construction. 30. Submit a plan showing a permanent driveway access alignment for 230 & 240 Erie A venue. 31. The harvesting of timber shall be limited to the area within the grading limits. 32. The applicant's engineer must work with city staff to revise the drainage calculations per city standards and NURP requirements. All voted in favor and the motion carried unanimously with a vote of 5 to O. COUNCIL PRESENT A TIONS. Councilman Ayotte suggested that the City Council and legal counsel investigate changing the term of mayor from 2 to 4 years after 2006. Mayor Furlong provided an update on meetings he's attended in recent months with the Southwest Corridor Transportation Coalition working with Carver County and MnDot in regards to the upgrade of Highway 5 west of Highway 41 through Victoria, Waconia, to Norwood Young America. ADMIINSTRA TIVE PRESENT A TIONS. Todd Gerhardt provided an update on the dedication ceremony that was held for the new senior center space. CORRESPONDENCE PACKET. None. Councilman Peterson moved, Councilman Ayotte seconded to adjourn the meeting. All voted in favor and the motion carried. The City Council meeting was adjourned at 8:00 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 6