CITY OF WACONIA October 15, 2018

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1 Pursuant to due call and notice thereof, the regular meeting of the City Council of the City of Waconia was called to order by Mayor Sanborn at 6:00 p.m. The following members were present: Jim Sanborn, Kent Bloudek, Charles Erickson, Marc Carrier. Absent: Lynn Ayers. Staff Present: Susan Arntz, Craig Eldred, Nicole Meyer, Mike Melchert, Jackie Schwerm, Marty Scheerer, Lane Braaten, Ann Meyerhoff, Ethan Nelson. Visitors: Matt Yetzer, Kellie Sites, Nicole Waldron, Chris Stokka, Cathy Thom, Mike & Amy Neitzel, Jeff Mair, Chad Dauwa. Pledge of Allegiance was led by Mayor Sanborn. ADOPT AGENDA: Motion by Carrier, seconded by Erickson to adopt the agenda as presented. All present voted aye. MOTION CARRIED. VISTOR S PRESENTATION: Chris Stokka and Matt Yetzer from MWF Properties gave the Council a brief update on the possible project located at 861 Vista Blvd. ADOPT CONSENT AGENDA 1) Approve October 1, 2018 City Council Meeting Minutes. 2) Authorize Payment of Expenditures. 3) Adopt Motion Approving Request for Lodging Tax Reimbursement. 4) Adopt Motion to Approve Rink Management Corporation Expenditures for Waconia Ice Arena Incurred in September ) Adopt Motion to Approve Rink Management Corporation Expenditures for Safari Island Community Center Incurred in September ) Adopt Resolution No , Accepting Cash Donation for Adaptive Playground Equipment. 7) Adopt Resolution No , Calling Hearing on Proposed Certification of Delinquent Utility and Other Charges for Services for Payment with 2019 Taxes. 8) Adopt Resolution No , Approving Amendment to Extend Contract with Active Network for CLASS Software. 9) Adopt Resolution No , Authorizing Lease for Parking Spaces. 10) Adopt Resolution No , Approving the Revised Job Descriptions for the Public Services Technician Position. 11) Adopt Resolution No , Approving the Building Permit Application submitted by William Otting for 30 Lakeview Terrace Boulevard. 12) Adopt Resolution No , Approving A Minor Subdivision. 13) Adopt Resolution No , Authorize Storm Water Drainage and Reuse Agreement. 14) Adopt Resolution No , Amend Reuse Agreement with Ridgeview Medical Center 15) Adopt Ordinance 715, Amending Chapter 415 related to Storm Water Reuse 16) Adopt Resolution No , Declaring Cost to be Assessed and ordering the Preparation of Proposed Assessment. 17) Adopt Resolution No , Receiving Proposed Assessment and Calling for Public Hearing on Proposed Assessment. Motion by Erickson, seconded by Carrier to Adopt the Consent Agenda as presented. All present voted aye. MOTION CARRIED. COUCIL BUSINESS Variance Request 838 Beach Road: Ethan Nelson presented a variance application from Michael and Amy Neitzel. The request is to allow improvements that encroach within the 30 minimum rear yard setback and exceed the 35% impervious surface maximum. The applicant is requesting approval to construct a porch addition with a 27.9 ft. rear yard setback and to

2 allow a 44.1% impervious surface maximum. Nelson explained the site conditions, displaying pictures along with describing the improvement locations. Nelson mentioned several aspects of the variance by showing a site survey the City had on file which does not show the extended driveway or other impervious surface items. He shared planning considerations which included: 1. The principal structure was approved via a building permit on July 17 th, According to the Certificate of Survey and subsequent staff review, the proposed plans were likely in conformance with the 35% impervious surface maximum when reviewed and approved by the City. 2. Access driveways for single-family dwellings shall not be less than 12 feet nor more than 24 feet wide measured along the property line between curb faces of the driveway. The applicant has revised their proposed plan to meet City Ordinance via the Impervious Surface Survey dated 10/9/ The DNR requested that the City Council consider whether the request and conditions meet the statutory criteria for granting a variance, in addition to providing the Shoreland & Floodplain variance guidelines for review (see Attachment #8). 4. Staff and the Planning Commission recommend the consideration/requirement of storm water mitigation techniques such as permeable surfaces, rain gardens, buffers, etc. that have been required in various other variance approvals. 5. It appears that the property owner may be maintaining a portion of the City s stormwater pond property, which has resulted in some natural vegetation being removed (see attachment #8). The Planning Commission reviewed and recommended requiring restoration in the area subject to the review and approval of the Public Services Director. 6. The Planning Commission reviewed proposed survey dated 8/17/18 and re3commended the applicant reduce their impervious surface coverage to a maximum of 40%. The applicant has revised their site plan to 38.9% with the removal of driveway area and the replacement of patio/sidewalk area with permeable paver surfaces as shown on the Impervious Surface Survey dated 10/09/18. The Planning Commission, at their regular meeting on October 4, 2018, reviewed the Variance application request by Michael and Amy Neitzel to allow proposed improvements and recommended approval via a 3-1 vote with the following 3 conditions: 1. The driveway access shall not be less than 12 feet nor more than 24 feet wide measured along the property line between curb faces of the driveway. 2. The applicant shall submit a stormwater management plan for review and approval by City staff and the Planning Commission, which restores the buffer areas that have been maintained, removes excess impervious surface area from the existing driveway and improves certain impervious surface areas with pervious paver type surfaces to mitigate the excess impervious surface on the property. 3. The total impervious surface shall not exceed 40% of the total lot area. Permeable surfaces shall be reviewed to the satisfaction of the City Engineer and the Public Services Director. Motion by Erickson, seconded by Carrier to Adopt Resolution , Approving the Variance Application for the Property located at 838 Beach Road. All present voted aye. MOTION CARRIED. Interlaken Village 2 nd Addition Preliminary and Final Plat Applications: Lane Braaten stated that Waconia Interlaken OVA, LLC, submitted preliminary and final plat applications, which propose to subdivide the properties located at 824 Main Street East and 836 Main Street East into one commercial parcel and two outlots. The plat is titled Interlaken Village 2 nd Addition. Braaten added that the applications are being reviewed in association with the Twin Cities Orthopedic Site Plan and Design Review applications. Braaten displayed the location of the Preliminary and Final Plat and surrounding area. The Preliminary and Final Plat meets all lot sizing and zoning requirements. There are no concerns with outlot sizing. Park dedication is required as a part of the original Interlaken Village development so they will pay the cash in lieu of the land.

3 Interlaken Village included a trail and sidewalk plan. The external and Target Site have been completed to date. Future development of properties within Interlaken Village 2 nd Addition shall meet City pedestrian and trail requirements. Utilities and storm water have been reviewed by the City Engineer and Public Services Director. As a condition the city attorney requested the City include a condition requiring the property owners of Outlot A and Outlot B to execute an amendment agreement for Interlaken Village stating that those outlots stay with the obligations of the original Interlaken Village Developers Agreement. Braaten presented and explained the overall development of the original approved Plat. The Planning Commission reviewed the applications and held a public hearing on October 4, 2018 and recommended the City Council approve the Interlaken Village 2 nd Addition Preliminary and Final Plat applications via a 4-0 vote with the following conditions: 1. The Interlaken Village 2 nd Addition Preliminary and Final Plats shall be completed as approved and as conditionally revised by the Planning Commission and the City Council. 2. All applicable permits are applied for by the applicant with all supporting documentation and issued prior to the start of construction. 3. The applicant shall obtain, if necessary, Carver County Water Management Organization (CCWMO) approval and permitting for erosion control and storm water management. A copy of any approvals or permits shall be submitted prior to any land disturbing activities. 4. The applicant shall obtain, if necessary, a General Construction Stormwater Permit (NPDES) from the Minnesota Pollution Control Agency and submit a copy to the City prior to any land disturbing activities. 5. All indirect costs related to the permitting, review, and plans associated with engineering and administrative costs shall be paid by the applicant/owner. 6. The easement, watermain, sanitary sewer, grading and storm water issues shall be resolved to the satisfaction of the City Engineer and Public Services Director prior to the issuance of a building permit for the Interlaken Village 2 nd Addition development. 7. Compliance with applicable items contained in Chapter 1000 of the City of Waconia Subdivision Ordinance. 8. The future development of Outlot A and Outlot B, Interlaken Village 2 nd Addition shall require Site Plan and Design Review at a minimum, and depending upon the proposed improvements may require modifications/amendments to the Interlaken Village developer s agreement or approval of another developer s agreement. 9. The applicants shall work with City staff to resolve the addressing and street name issues prior to the recording of the Interlaken Village 2 nd Addition Final Plat. 10. The applicant shall be required to pay $5,000 per gross acre for park dedication as stated in Chapter 1000 of the City Code prior to the issuance of any building permits for Interlaken Village 2 nd Addition. 11. Execution of a Developer s Agreement for Interlaken Village 2 nd Addition. 12. The Interlaken Village 2 nd Addition final plat signature page shall be revised to include all current property owners, which include Avalon Interlaken II, LLC and Waconia Interlaken OVA, LLC. 13. All mortgagees of Outlot A, Interlaken Village shall consent to the Interlaken Village 2 nd Addition final plat and the Development Agreement. 14. The final plat shall be revised to match the 2012 legal descriptions that were used when Outlot A, Interlaken Village was subdivided in Based on a review of the Interlaken Village 2 nd Addition plat some of the distance calls for Outlot B do not match the previous legal descriptions provided. The plat shall be revised or corrective deeds shall be prepared. Motion by Carrier, seconded by Bloudek to Adopt Resolution , approving the proposed Interlaken Village 2 nd Addition Preliminary and Final Plat Applications. All present voted aye. MOTION CARRIED.

4 Site Plan and Design Review Twin Cities Orthopedics: Braaten explained the location of the subject parcel and indicated that the property is currently zoned B-1, Highway Business District. Medical related clinics/uses and offices are permitted uses in the B-1 zoning district. The applicant, Twin Cities Orthopedic, has submitted a Site Plan and Design Review application proposing the construction of an 18,938 square foot sports performance building within the Interlaken Village commercial development. Additionally, they are seeking approval of not only the initial building, but a future 18,821 square foot phase/expansion on the site. Braaten explained that access to the subject parcel will be off of the Target entrance. Further, the proposed landscaping meets all requirements except some of the trees need to be upsized to meet the minimum sizing requirements state in City Code. The proposed building meets all setbacks, impervious surface requirements, equipment screening requirements, off street parking requirements and pedestrian access requirements. Grading, drainage and utilities have been viewed by Public Services and City Engineer stating these requirements are in compliance. Braaten explained the proposed building materials and a revised material plan indicated that all the design standards have been met. The City approved a Sign Plan for the Interlaken Village commercial development, which is how the Target monument sign is located in its current location. The applicant is aware that any modification to the Sign Plan requires review and approval by the City. The Planning Commission reviewed the request by Twin Cities Orthopedic for Site Plan and Design Review and recommended approval via a 4-0 vote at their regular meeting on October 4, 2018 with the following conditions: 1. The proposed improvements shall be completed as approved and as conditionally revised by the Planning Commission and the City Council. 2. All applicable permits are applied for by the applicant with all supporting documentation and issued prior to the start of construction. 3. The applicant shall work with the City Engineer to revise the grading, drainage and utility information to the satisfaction of the City prior to any work commencing on site. 4. The applicant shall provide the City with a letter of credit to guarantee the proper installation and growth of the approved landscape plan. The letter of credit shall be submitted by the developer prior to obtaining a building permit that is equal to the amount of the required landscaping to be installed in phase 1 of the project. The letter of credit shall be held by the City and must cover one full calendar year subsequent to the installation of said landscaping and must be conditioned upon complete and satisfactory implementation of the approved landscape plan. A subsequent landscaping letter of credit will be required for phase 2 prior to building permit issuance and must also meet the minimum requirements stated above. 5. All indirect costs with the building permit, review, and final plans associated with engineering and administrative costs shall be paid by the applicant/owner. 6. The applicant shall revise the final landscape plan in conformance with the City Ordinance requirements. Specifically, the applicant shall comply with the minimum tree sizing stated in City Code. 7. The site plan shall be revised to show pedestrian ramps in all locations where sidewalk connects to streets or parking lots and long the accessible route, crosswalk striping between sidewalk connections at the entrance to the property, and pedestrian ramps shall be added to the internal sidewalk system. Additionally, a sidewalk connection shall be planned for to cross to the east side of the entrance road near the northerly connection of the entrance road to the proposed parking lot. 8. All future signage shall require a sign permit from the City of Waconia. Future monument signage may require an amendment to the Interlaken Village Sign Plan, which requires City Council approval.

5 9. All future exterior mechanical equipment shall be screened in conformance with City Ordinance requirements. 10. Written verification from the property owner of 836 Main Street East indicating their approval and acceptance of the proposed lighting plan is necessary. Further, light poles and standards shall not exceed 35 feet. 11. The applicants and property owners of Outlot B, Interlaken Village 2 nd Addition shall execute and record a cross access easement/agreement to insure legal vehicular access to the subject property. 12. The Fire Chief shall review and approve the final plans for any required fire access lanes and hydrant placement prior to work commencing on the site. 13. The applicant shall contact the City Planning Department for a final site inspection when all conditions of approval regarding this application have been completed. 14. The City Council shall approve the Interlaken Village 2 nd Addition preliminary and final plat applications. 15. Execution of a Developer s Agreement. Motion by Bloudek, seconded by Carrier to Adopt Resolution , approving the Site Plan and Design Review application for the proposed Twin Cities Orthopedics project for the property located at 824 Main Street East. All present voted aye. MOTION CARRIED. ITEMS REMOVED FROM CONSENT AGENDA: None STAFF REPORTS: Arntz gave a few reminders including the 90 day window for removing permanent dock starts November 1 st along with Winter Parking. Direct Balloting for the General Election starts October 30 th. BOARD REPORTS: Councilmember Erickson Park Board Meeting Thursday, October 18, 2018 Councilmember Bloudek CIP Meeting Councilmember Carrier No Report Councilmember Ayers No Report. Mayor Sanborn It was an honor to attend the dedication at Parkside Church. Had many compliments on how easy it was to work with City Staff. ANNOUNCEMENTS: None ADJOURN: Motion by Erickson, seconded by Bloudek to adjourn the meeting at 6:42 p.m. All present voted aye. MOTION CARRIED. James P. Sanborn, Mayor ATTEST: Ann Meyerhoff, Office Assistant