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CC Minutes 12-11-06City Council Meeting - December 11, 2006 Jon Day: Okay, thank you. Mayor Furlong: Thanks Jon. Anyone else? Okay, seeing none we'll move on. CHANHASSEN HIGH SCHOOL; LOCATED NORTH OF LYMAN BOULEVARD, SOUTH OF THE TWIN CITIES AND WESTERN RAILROAD, AND WEST OF BLUFF CREEK; APPLICANT ANDERSON-JOHNSON ASSOCIATES, INC., INDEPENDENT SCHOOL DISTRICT 112: REQUEST FOR AN INTERIM USE PERMIT TO GRADE THE SITE IN PREPARATION FOR DEVELOPMENT, REVIEW ENVIRONEMTNAL ASSESSMENT WORKSHEET, AND CONSIDER APPROVAL OF A RESOLUTION DECLARING NO NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT. Kate Aanenson: Thank you Mayor, and members of the City Council. This item did appear before the Planning Commission twice. The subject site located on Lyman, south of the railroad tracks… The applicant is Independent School District 112. This item appeared before the Planning Commission twice. Based on some additional information that was requested. Ultimately the Planning Commission did recommend approval of the…6 to 1. When this item appeared before the Planning Commission the first time, there was an issue regarding potential… that was presented to the Planning Commission and Planning Commission concurred with staff's interpretation of the bluff. Or non-bluff… The definition was put in…and I'm not going to go through that unless there's a specific request from the council to do that…the issue at hand which is the grading permit…and some comments from the neighbor that… So the first step would be the project itself and grading. I'm going to give, the overall site plan has not been approved. I just wanted to put this up for a better understanding of the site. It's again Lyman Boulevard and the access points. So because of the size of the building, over 400,000 square feet, it did require an environmental assessment. Some of the issues that were brought by the neighbors were…can the building be located somewhere else. If you recall the school district was looking…the city, they were looking for a secondary school and they hadn't decided whether or not this site would be a high school or not. It wasn't until they did their study and then went out to finalize it that it would actually be a high school site. Being that it's a high school site, and they want…drove the amount of design…regarding location of the access points. Audubon Road. Chaska…sub station…The other place for access coming off of the Chaska Industrial Park, making that a T intersection…so that's kind of the location, access points and the drive. The parking lot location and then the building itself. In looking at the overall grading, up to the…as indicated in the staff report, there is a gas line that runs through the property also…material will be stored on site. I also wanted to point out in the staff report that because they are using a walk out on the back side of the building…looking at the grading footprint itself. This project will come back before the Planning Commission for the overall site design and the specifics regarding lighting, parking lot and those sort of things…the question was raised regarding the amount of grading, but there's still a 70 foot change based on this building being a walkout to the bottom of the creek, so they are using the grade itself so it's not like it changes… So the grading itself, with the… So with that, I'll move forward to the environmental assessment… There are three main issues that were raised in the Environmental Assessment. The majority of that's regarding traffic and when this project comes in for site plan review, we'll be attaching some conditions regarding the circulation of traffic itself, regarding signalization…at Audubon and…so that's one of the issues that was… The other was the wetland impact. Right now with the grading they're not impacting wetlands… 5 City Council Meeting - December 11, 2006 but based on the potential environmental impact…so we are recommending that no environmental impact statement is required. So with that we put a resolution in the packet to that effect, requiring no environmental impact statement… So with that, starting on page 8, the recommendations for the two motions. Approve the Negative Declaration. Motion A. And you would also be approving…and B which would be the approval of…regarding the Interim Use Permit for the… So with that I'd be happy to answer any questions. Mayor Furlong: Thank you. Questions for staff. Ms. Aanenson, I guess with regard to storm water runoff and the amount of grading and such like that, what precautions are place? I saw some things in the staff report with regard to, we've had some history in the past where we have developers start the grading before all the improvements are there to manage the storm water when we get the storms, and so I guess the, especially with the wetland and Bluff Creek corridor to the east of this site, what precautions are put in place here from storm water measures. Kate Aanenson: We're over sizing the temporary basins, and that's the only…so that these temporary basins will be super sized to manage that catastrophic event. And then also make sure that we've got… Mayor Furlong: Such as silt fencing and those sorts of things. Kate Aanenson: Yeah, and also the row fencing. Some of… Mayor Furlong: Okay. So we'll work with the applicant or inspect the site. Kate Aanenson: Yeah… Mayor Furlong: Okay. Any other questions at this point for staff? Okay. Is the applicant here? Anything that, Mr. Pomeroy anything you want to add or others? Jay Pomeroy: Good evening Mayor and councilmen. Mayor Furlong: Good evening. Jay Pomeroy: I am Jay Pomeroy with Anderson-Johnson…so if you have any questions, we can certainly answer them. The traffic consultant as well… Mayor Furlong: Traffic, obviously there were two things brought up there. I think one was during construction traffic issues, as well as post construction. Kate Aanenson: That's correct. Mayor Furlong: So are we comfortable there that they've got plans in place to. Kate Aanenson: Correct, and keeping the streets clean and those sort of issues that engineering will be monitoring. 6 City Council Meeting - December 11, 2006 Mayor Furlong: Okay. Any questions for the applicant at all from the council? Okay. We had two evenings of Planning Commission hearings on this. Kate Aanenson: That's correct. Mayor Furlong: And discussions so we're not going to have a formal public hearing here but I guess, what we have as a council we've received the verbatim minutes of those meetings so if anybody, if there's any new information, if somebody would like to make sure the council's aware of on this, we'd be happy to take some public comment now. But again we received and reviewed the information at the Planning Commission as well as some of the emails that residents sent to staff raising questions as well. So if anybody would like to address the council on any new matters here on this item. Okay, very good. Thank you. With that, if there's no other questions for staff or the applicant at this time, thoughts. Discussion. Members of the council. Councilman Lundquist: Mr. Mayor, one quick question. Probably either for Kate or the applicant. Kate, what do you expect, or Mr. Pumper, what's the duration of time that you'll have the excavation? When do you plan to start? When do you believe it will be substantially complete? Jay Pomeroy: I'm almost Mr. Pumper. This Phase I, or this first part of the project we anticipate starting grading in the next few weeks…until about mid-March, as I understand. And then the next phase will start. We'll be back in front of you in March with a full site and landscaping, lighting. The whole ball of wax. That part of the process will take place right after this first phase, so once we start it's going to continue until the school opens in 2009. Fall of 2009. Construction will pretty much complete in May of '09. Councilman Lundquist: Okay. So you're 2, a little over 2 years? 26, 27 months. Something like that? Okay. Thank you. Kate Aanenson: Back to your question Brian, I think too, when we look at the site plan and there's more construction activity, we'll probably re-evaluate access points and if that's adequate. Right now what we're addressing for access would just be for the grading. And once they get the equipment on, it will stay on site so there won't be quite as much, I mean they don't intend to export a lot but I think when we look at the next iteration of the site plan, there will be a lot more construction traffic but I think we'll have to look a little more carefully at. For access. Mayor Furlong: Thoughts. Comments. Councilman Peterson: Mr. Mayor, I think that the staff and Planning Commission certainly did due diligence on it for the amount of time they spent on it and presenting. I certainly can't argue anything different than that so I would certainly recommend approval. Mayor Furlong: Thank you. Councilman Lundquist. 7 City Council Meeting - December 11, 2006 Councilman Lundquist: I would concur and I think, you know this is a big first step and as we've received some comment, it will have a big impact and as you talked about before Mr. Mayor and me and my details, 350,000 cubic yards is what they're talking about, which is a little over a million and a half wheelbarrows full. But maybe to put it more in perspective, if you imagine the size of a football field being 100 yards by 50 yards wide, that's approximately a football field by 70 feet high for a pile of dirt, so as we're driving around in that area over the next 2 years, we're going to see a pretty dramatic change to the landscape out there and I think it's important and encumbent upon us to make sure that we do keep up the erosion control and a lot of the stuff that's out there in that wetland because 350,000 cubic yards is a lot of dirt to be pushing around and it will have impacts that we, if we don't stay on top of it, it will anyway but certainly will change things a lot so, just ask that we stay on top of that and people should be prepared I think to see a lot flatter ground out there in that big, big pile of dirt but am in favor of moving forward. Mayor Furlong: Okay, thank you. And I think, you know as Councilman Lundquist as you just explained or painted the picture, the whole reason to make sure that we're aware and that staff is aware and confident in terms of some of the issues if there is store problems and such, and we've got, as a city we've got a great working relationship with the school district. We've had a number of meetings already and I assume that those are going to continue throughout the process and I'm confident that they'll be able to work with us and we'll work with them and in the end it's going to be a new high school. A Chanhassen High School that everybody's going to be proud of so, but these are details that we need to work with and I'm glad that everybody is working together and as much as the goal is to get the new high school there, we need to focus on the details and get it done right too, so I concur with your thoughts there. And to Councilman Peterson, I'm glad that the staff and the school district, their advisors and their Planning Commission are spending the time that they are to get into the details because it saves us time. I am supportive of this. I think the questions raised have been answered satisfactory and I think it's, I would move to, that we move forward with this this evening. The motion starts on page 8 of the staff report. 175 in the electronic copy. Is there a motion? We have two before us this evening requested. Councilman Peterson: To that end Mr. Mayor, I would move and recommend that the City Council approve resolution of negative declaration. City Council also approve Interim Use Permit with conditions 1 through 25, subject to the findings of fact as supported by staff this evening. Mayor Furlong: Thank you. Is there a second? Councilman Lundquist: Second. Mayor Furlong: Made and seconded. Any discussion on that motion? Hearing none we'll proceed with the vote. Resolution #2006-91: Councilman Peterson moved, Councilman Lundquist seconded that City Council approve a resolution of Negative Declaration of the Need for an Environmental Impact Statement for the Chanhassen High School Campus. All voted in favor and the motion carried unanimously with a vote of 3 to 0. 8 City Council Meeting - December 11, 2006 Councilman Peterson moved, Councilman Lundquist seconded that the City Council approve an Interim Use Permit to permit grading on the property in preparation of development, plans prepared by Anderson-Johnson Associates, Inc., dated 10-19-06, subject to the following conditions: 1.The 50-scale plans should be revised to clearly depict the wetland boundary and wetland buffer areas. 2.Wetland buffer areas at least 16.5 feet in width should be preserved, surveyed and staked in accordance with the City’s wetland ordinance prior to grading commencing. All wetlands and wetland buffer areas should be protected by silt fence during grading. 3.The applicant should keep the goals set forth in the Bluff Creek Watershed Natural Resources Management Plan (BCWNRMP) for the Lowlands Region in mind as a plan is developed for the site and should work with staff to achieve these goals for this property. The Primary Zone boundary and the 40-foot setback should be shown on the plans. No grading is permitted within the first 20 feet of the 40-foot setback. 4.The erosion and sediment control plan should be aimed at minimizing the amount of exposed soil at any given time and preventing erosion of exposed soil. Sediment control (especially perimeter controls such as silt fence) should be viewed as a last resort. The applicant, the contractor and all subcontractors should recognize that one silt fence at the bottom of a large slope of exposed soil will not be sufficient to protect down gradient resources in even moderate precipitation or snowmelt events. To decrease the potential for discharge of sediment-laden water off-site, the applicant should prepare a plan for phasing the grading of the project. In general, the areas within 200 feet of wetlands should be graded first and permanently stabilized as soon as possible. Disturbed areas should be stabilized as soon as possible after grading to minimize the total amount of exposed soil on site. New areas should not be graded until after previously graded areas are stabilized. 5.Sediment & Erosion Control (SWPPP) Note 2.a.2 on Sheet C1.2 states that slopes steeper than 6:1 should be “cat tracked.” The applicant should take extra measures to ensure that this occurs because cat tracking has been shown to significantly decrease the potential for erosion on long, steep slopes. A detail should be provided for cat tracking. 6.The haul route between the Construction Staging Area and the Temporary Stockpile Area should be shown on the 50-scale plans. 7.All upland areas disturbed as a result of construction activities shall be immediately restored with seed and disc-mulched, covered with a wood-fiber blanket or sodded within two weeks of completion of grading in each disturbed area. If practical, a seed and blown-compost mix should be considered in lieu of dormant seed and straw mulch. The plans should be revised to call out erosion control blanket locations and to provide a detail for blanket installation. 8.Chanhassen Type II silt fence should be provided adjacent to all areas to be preserved as buffer (both 16.5-foot wetland buffers and the 20-foot “no grading” zone around the Primary 9 City Council Meeting - December 11, 2006 Zone). The silt fence should be installed in overlapping “J-hooks” to break up the sections and provide additional water and sediment retaining capacity. Orange tree protection fence should be installed upslope from the Type 2 silt fence around the wetland between Temporary Sediment Basin No. 3 and Temporary Sediment Basin No. 4 as added protection so equipment operators do not impact the wetland by driving heavy equipment through it. 9.The plans should be revised to include Chanhassen’s standard details where available (e.g., Detail 5300 for silt fence; Detail 5301 for rock construction entrance). It appears that detail 3 on Sheet C1.4 is intended to depict the proposed checks within the temporary drainageways shown on Sheet C1.2. This should be clarified and the checks should be installed as often as is necessary to minimize the velocities of runoff in the drainageways. The plans should be revised to show a minimum 75-foot long rock construction entrance. 10.In lieu of the proposed outlet pipes for the temporary sediment basins, temporary perforated risers and stable emergency overflows (EOFs) are needed; details should be included in the plan. The basins should be properly sized for the watershed areas, according to NPDES requirements (i.e., the basins should provide storage below the outlet pipe for a calculated volume of runoff from at least a 2-year, 24-hour storm from each acre drained to the basin, except that in no case shall the basin provide less than 1800 cubic feet of storage below the outlet pipe from each acre drained to the basin). The outlet pipes should discharge upstream from the edge of the receiving wetlands and should be stabilized with riprap. 11.In the present design, water is routed into the wetland in the northeast corner of the site instead of into Temporary Sediment Basin No. 4. The grading in this area of the site should be revised to ensure that all discharge from disturbed areas is directed into either Temporary Sediment Basin No. 3 or Temporary Sediment Basin No. 4 prior to discharge into the wetland. 12.Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as needed. 13.The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley-Purgatory-Bluff Creek Watershed District, Minnesota Pollution Control Agency) and comply with their conditions of approval. 14.All temporary stockpiles shall be temporary seeded and mulched within 7 or 14 days, in accordance with the NPDES Phase II construction site permit. 15.Rock dissipation shall be installed at all pipe outlets within 24 hours of placement of the outlet pipes. 16.Slope lengths greater than 75 feet shall be broken up with a minimum 12-foot wide bench every 75 feet. 17.A minimum12-foot buffer area shall be maintained between the perimeter control and all stockpiles to provide access around the stockpiles for maintenance purposes. 10 City Council Meeting - December 11, 2006 18.Dewatering activities shall only be allowed after consulting with the on-site city inspector of the project to ensure compliance with the NPDES permit for dewatering activities. 19.Silt fence shall be placed parallel to contours. In locations where silt fence will cross contours, J-hooks shall be installed at 75-foot intervals. Silt fence shall not be staked on site by scaling off the proposed plan, but shall be staked by the survey crew taking shots in the field. The applicant shall contact SWCD staff prior to silt fence installation so staking on site can be reviewed to ensure compliance with this request. 20.Drainage swales and ditch cuts shall be employed during mass grading to maintain a positive flow of stormwater to the temporary basins. 21.During final grading of the site, the height of the berm over the sanitary sewer shall be reduced to the maximum extent practicable, otherwise additional drainage and utility easements may be required. 22.The developer is required to televise the section of sanitary sewer over which grading operations will occur before and after construction to determine if the site grading damaged the pipe. 23.ISD 112 shall be responsible for repairing any sections of sanitary sewer damaged during construction. 24.The developer must place sanitary sewer manhole sections on the existing manhole to bring the top of manhole up to the existing grade. 25.No more than eight inches of rings is allowed on the sanitary sewer manhole.” All voted in favor and the motion carried unanimously with a vote of 3 to 0. AUTOBAHN MOTORPLEX; LOCATED ON THE WEST SIDE OF AUDUBON ROAD NORTH OF TWIN CITIES AND WESTERN RAILROAD; APPLICANT BRUNO J. SILIKOWSKI/G.E. OSMONICS: A. REQUEST FOR REZONING OF THE WESTERN PORTION OF THE SITE FROM AGRICULTURAL ESTATE DISTRICT (A2) TO INDUSTRIAL OFFICE PARK (IOP); B. REQUEST FOR A CONDITIONAL USE PERMIT FOR MULTIPLE BUILDINGS (UP TO 14) ON ONE PARCEL; C. SITE PLAN APPROVAL FOR 12 BUILDINGS (ONE CLUBHOUSE/MUSEUM BUILDING AND 11 STORAGTE BUILDINGS TOTALLING APPROXIMATELY 150,000 SQ. FT.); AND 11