AGENDA CHAMPLIN CITY COUNCIL

MONDAY, JUNE 12, 2017 CITY COUNCIL CHAMBERS

7:00 P.M.

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COUNCIL WORKSESSION – MONDAY, JUNE 19TH AT 5:30 P.M. IN THE COUNCIL CONFERENCE ROOM COUNCIL WORKSESSION - MONDAY, JUNE 26TH AT 5:30 P.M. IN THE COUNCIL CONFERENCE ROOM CITY COUNCIL MEETING – MONDAY, JUNE 26TH AT 7:00 P.M. IN THE COUNCIL CHAMBERS CHAMPLIN ROUND UP PROGRAM – ROUND UP YOUR UTILITY BILL TO THE NEXT HIGHEST DOLLAR VALUE AND HELP SUPPORT YOUTH AND SENIOR ACTIVITIES. FOR MORE INFORMATION, OR TO SIGN UP FOR THE PROGRAM, VISIT THE CITY’S WEBSITE AT WWW.CI.CHAMPLIN.MN.US OR SEND AN EMAIL TO ROUNDUP@CI.CHAMPLIN.MN.US

SPECIAL PRESENTATIONS 1. OVERVIEW OF WORKSESSION DISCUSSION CONSENT AGENDA The Consent Agenda contains action items considered routine or non-controversial in nature, that need little or no additional deliberation based on the level of review, analysis or discussion that has been previously conducted by the City Council 2. AUTHORIZE PLANS AND SPECIFICATIONS FOR INSTALLATION OF A RAIN GARDEN/POND ON

INDEPENDENCE AVENUE 3. APPROVE HIRING OF NEW POLICE OFFICERS 4. ACCEPT RESIGNATION OF POLICE CHIEF KOLB AND OFFICERS WENTWORTH AND GNERRE

CITY COUNCIL AGENDA JUNE 12, 2017 PAGE 2 CONSENT AGENDA (CONTINUED) 5. AUTHORIZE CHANGE ORDER NO. 1 FOR THE MUNICIPAL CAMPUS RETAINING WALLS, IMPROVEMENT

PROJECT NO. 21607 6. RESOLUTION NO. 2017-48 FOR THE CITY OF CHAMPLIN LIMITED USE PERMIT WITH THE STATE OF

MINNESOTA DEPARTMENT OF TRANSPORTATION FOR A PEDESTRIAN TRAIL IN THE RIGHT-OF-WAY OF T.H. 169 BETWEEN HAYDEN LAKE ROAD AND THE MISSISSIPPI RIVER

OPEN FORUM Open Forum is an opportunity to discuss items that are not already on the agenda. Presentations are limited to five (5) minutes unless specifically extended by the Mayor. PUBLIC HEARING 7. REVIEW 2016 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM UNFINISHED BUSINESS 8. RESOLUTION NO. 2017-49 APPROVING THE ON-SALE WINE LICENSE APPLICATION FOR CHRISTINE DIEBEL NEW BUSINESS 9. RESOLUTION NO. 2017-50 APPROVING A PRELIMINARY PLAT AND RESOLUTION NO. 2017-51 APPROVING A

SITE PLAN, INCLUDING SITE VARIANCES, TO CONSTRUCT A 3,600 FOOT MULTI-TENANT RETAIL BUILDING AND RESOLUTION NO. 2017-52 APPROVING A CONDITIONAL USE PERMIT FOR A 2,200 SQUARE FOOT RESTAURANT (TIM HORTONS): HEMPEL COMPANIES (PROJECT 2017-07)

10. FIRST READING OF AN ORDINANCE REZONING FROM RESIDENTIAL AGRICULTURAL (R-A) TO SINGLE FAMILY RESIDENTIAL (R-1)/PLANNED UNIT DEVELOPMENT (PUD) AND RESOLUTION NO. 2017-53 APPROVING A PRELIMINARY PUD PLAN AND RESOLUTION NO 2017-54 APPROVING A PRELIMINARY PLAT FOR AN ELEVEN LOT SINGLE FAMILY RESIDENTIAL SUBDIVISION KNOWN AS THE COVE AT BRITTANY PARK: LANDMARK DEVELOPMENT (PROJECT 2017-12)

ADJOURNMENT

CITY OF CHAMPLIN REQUEST FOR COUNCIL ACTION

AGENDA SECTION

ORIGINATING DEPARTMENT

MEETING DATE

SPECIAL PRESENTATIONS ADMINISTRATION JUNE 12, 2017

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ITEM DESCRIPTION

PREPARED BY

1 OVERVIEW OF WORKSESSION DISCUSSION BRET HEITKAMP

I will give a brief oral report regarding the discussions that took place at tonight’s Worksession regarding the Mill Pond Improvement Project, the Fisheries Development Management Plan and the shovel-ready parcels on Highway 169.

CCIITTYY OOFF CCHHAAMMPPLLIINN REQUEST FOR COUNCIL ACTION

AGENDA SECTION

ORIGINATING DEPT.

MEETING DATE

CONSENT ENGINEERING JUNE 12, 2017

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2 AUTHORIZING PLANS AND SPECIFICATIONS FOR

INSTALLATION OF A RAIN GARDEN POND ON INDEPENDENCE AVENUE

T. TUOMINEN

BACKGROUND City staff has identified drainage and erosion issues on Independence Avenue adjacent to the Elm Creek. The drainage area includes Reynolds Park, Trussel Avenue and Independence Avenue (see attached map). Staff is proposing water quality improvements at Reynolds Park, at the Independence Avenue outfall to the Elm Creek. The storm water from this area has caused severe erosion at the discharge point to the Elm Creek. This problem was identified by NPDES program inspections and was included in the 2017 CIP/ Budget. The Storm Sewer Fund budget identifies $100,000 for water quality improvements and a 25% cost share from the Elm Creek WMC CIP. Based on a $125,000 project, the Elm Creek cost share would be $31,250 and the estimated City cost would be $93,750.

REVIEW OF ISSUES The proposed work includes the repair of the Elm Creek Stream Bank at Independence Avenue and the construction of a Rain Garden/Pond at Reynolds Park. The Rain Garden/Pond will provide treatment of storm water for the park area, along with the streets and yards of the Independence Avenue/Trussel Avenue drainage area. Also, the catch basins on Trussel and Independence Avenue will be constructed with a sump and baffle to prevent sediments from reaching the Elm Creek. In the long-term, the City will reconstruct storm sewer on Trussel Avenue and Independence Avenue as part of the future street improvement projects (2021 CIP) connecting to the new rain garden/pond. The anticipated benefits include a reduction in rate of flows to the Elm Creek and a reduction in the total phosphorous (TP) and total suspended solids (TSS) tributary to the Mill Pond. Also, this pond will serve as the compensatory storage for floodplain fill for the Cartway Road/Elm Creek Trail Connection. The Trail project is scheduled for construction in 2017 and requires permitting for the filling of flood plain and wetland mitigation. It is expected that this trail will also serve as a maintenance access to the west side of the Mill Pond. Funding Overview The proposed budget for the Rain Garden/Pond improvement is estimated at $125,000. The City has identified the funding through Storm Sewer Fund 2017 CIP in the amount of $100,000, along with a 25% cost share from the Elm Creek Watershed Management Commission. It is recommended that the City Council authorize the development of plans and specifications for the construction of the Independence Avenue Rain Garden/Pond, along with water quality modifications of storm sewer structures.

It is proposed that WSB and Associates provide engineering services, including design, permitting, bidding assistance and construction related services for this project. It is anticipated that this project will be bid and constructed together with the Cartway Road/Elm Creek Trail Connection Improvements. The indirect cost for engineering services is estimated at $14,500 (11.6% of project cost) and would be paid on an hourly not to exceed basis. The percentage cost for indirect costs is higher than typical (8%) due to small size of project and amount of technical detail of storm water and floodplain comps required.

Project Schedule

• Submit State Agency Permits June 2017 • DNR Permit August 2017 • Elm Creek WMC Permit August 2017 • Final Design/Approve Plans August 2017 • Bid Approval/ Award Contract To be determined • Start Construction To be determined • Substantial Completion December 2017

RECOMMENDATIONS Motion to authorize the preparation of plans and specifications for the Independence Avenue Pond/Rain Garden by WSB on an hourly not to exceed amount of $14,500 for engineering and construction related services. Attachments: Raingarden Location Map

Area Drainage Map Cartway Trail Map

CCIITTYY OOFF CCHHAAMMPPLLIINN REQUEST FOR COUNCIL ACTION

AGENDA SECTION

ORIGINATING DEPARTMENT

MEETING DATE

CONSENT AGENDA POLICE JUNE 12, 2017

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3 APPROVE HIRING OF NEW POLICE OFFICERS CHIEF KOLB

BACKGROUND Police Officer Luke Weinzetl resigned on January 10, 2017. Officer Gerald Gnerre retired effective May 24, 2017. The Police Department has conducted a comprehensive hiring process. As a result of that process, Louis Beauchane and Benjamin Nelson have been identified as excellent police officer candidates; they have been given offers of employment conditional on Council approval, physical testing, psychological testing, and negotiation of starting wage. Beauchane has been a Deputy of the Wright County Sheriff’s Office for the past 12 years. He is a graduate of Park Center High School and holds an Associate’s Degree from North Hennepin Community College. Beauchane is married with two young children. Nelson has been a Police Officer for the City of Gaylord MN for the past two years. He is originally from Michigan and holds a Bachelor’s Degree from Northland International University and a Master’s Degree from Central Baptist Theological Seminary. Nelson is married with three children. Both Beauchane and Nelson are currently working as licensed peace officers and earning more than the starting pay scale of our collective bargaining agreement. Due to retirement of senior officers and vacancies, the police payroll budget allows for starting pay that would be more in line with what these officers are currently earning, but still within the Champlin wage scale. A starting wage is being negotiated. REVIEW OF ISSUES The Champlin Police Department is currently below its authorized strength of 26 Police Officers and qualified candidates are available for hire. RECOMMENDATIONS It is recommended that the Council approve the hiring of Louis Beauchane and Benjamin Nelson conditional on successful completion of physical and psychological evaluations and successful negotiation of starting wage.

CCIITTYY OOFF CCHHAAMMPPLLIINN REQUEST FOR COUNCIL ACTION

AGENDA SECTION

ORIGINATING DEPARTMENT

MEETING DATE

CONSENT AGENDA ADMINISTRATION JUNE 12, 2017

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4 ACCEPT RESIGNATION OF POLICE CHIEF KOLB AND OFFICERS WENTWORTH AND GNERRE

BRET HEITKAMP

BACKGROUND The City’s legal counsel has recommended that the City Council take action to formally accept employee resignations. We have three employees who will be retiring from the Police Department. Police Chief Dave Kolb announced his retirement from the City of Champlin, effective June 30, 2017. Police Officer Brian Wentworth will also be retiring effective June 30, 2017. Officer Gerry Gnerre’s retirement was effective May 24, 2017. REVIEW OF ISSUES Collectively, these gentlemen have over 30 years of service to the City (Dave – 6, Brian – 20, Gerry – 14 ½). Their excellent level of service and commitment to the City of Champlin is to be commended. RECOMMENDATIONS Motion to accept the resignations of Dave Kolb and Brian Wentworth, effective June 30, 2017, and Gerry Gnerre, effective May 24, 2017.

CCIITTYY OOFF CCHHAAMMPPLLIINN REQUEST FOR COUNCIL ACTION

AGENDA SECTION ORIGINATING DEPARTMENT MEETING DATE

CONSENT ENGINEERING JUNE 12, 2017 ITEM

# ITEM DESCRIPTION PREPARED BY

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AUTHORIZE CHANGE ORDER NO. 1. FOR THE MUNICIPAL CAMPUS RETAINING WALLS,

IMPROVEMENT PROJECT NO. 21607

TIM HANSON, P E CITY ENGINEER

BACKGROUND The modular unit retaining wall located on the north side of the Finance Department parking lot is directly above a raw water line extending from wells 4 and 5 into the old pump house. The raw water line leaked, requiring the removal of a section of the modular unit retaining wall. This wall had previously been identified to be replaced due to failure of the concrete blocks from cracking, crumbling, and spalling. Two other retaining walls located by the Public Works building also had failing modular block units. Replacement of the three walls was completed utilizing a large block retaining wall system similar to the retaining wall adjacent to the Police Department. Large block retaining walls are wet cast concrete units. REVIEW OF ISSUES During construction, the lower retaining wall adjacent to the Public Works building was extended north to further reduce the slope that is maintained with mowing equipment. The Change Order also includes a deduct for the replacement of two concrete sidewalk panels. The panels will be replaced under a City-wide concrete maintenance project that will be completed later this summer. The Municipal Campus reconstruction project has available funding that can be utilized for Municipal Campus improvements. Reconstruction of the retaining wall utilized this funding source. Blackstone Contractors, of Corcoran, Minnesota is the Contractor for this project. RECOMMENDATIONS Staff recommended motion: Motion to approve Change Order No. 1 for extension of the retaining wall adjacent to the Public Works Building for the Municipal Campus Retaining Walls Improvement Project No. 21607, in the amount of $8,965. Attachment Change Order No. 1 L:\ENGINEERING PROJECTS\2016 ENGINEERING PROJECTS\21607 Municipal Campus Retaing Walls\Pay Voucher\Authorize Change Order No 1 RCA.doc

CCIITTYY OOFF CCHHAAMMPPLLIINN REQUEST FOR COUNCIL ACTION

AGENDA SECTION ORIGINATING DEPARTMENT MEETING DATE

CONSENT ENGINEERING JUNE 12, 2017 ITEM # ITEM DESCRIPTION PREPARED BY

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RESOLUTION FOR THE CITY OF CHAMPLIN LIMITED USE PERMIT WITH THE STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION FOR A PEDESTRIAN TRAIL IN THE

RIGHT-OF-WAY OF T. H. 169 BETWEEN HAYDEN LAKE ROAD AND THE MISSISSIPPI RIVER

TIM HANSON, PE CITY ENGINEER

BACKGROUND The City of Champlin will be constructing a pedestrian trail in the right-of-way of Trunk Highway 169 between Hayden Lake Road and the Mississippi River to promote the orderly and safe crossing of the highway. The State of Minnesota, Department of Transportation requires a Limited Use Permit for the construction and utilization of said pedestrian trail within Trunk Highway 169 right-of-way. REVIEW OF ISSUES The City of Champlin is required to enter into a Limited Use Permit with the State of Minnesota, Department of Transportation for the purpose of constructing, operating, and maintaining said pedestrian trail in accordance with the Limited Use Permit granted by the Minnesota Department of Transportation within the right-of-way of Trunk Highway 169 between Hayden Lake Road and the Mississippi River. The Limited Use Permit terminates in ten (10) years, at which time the City may extend the permit upon written request to Minnesota Department of Transportation. Minnesota Department of Transportation will review the facility to determine if the permit is extended, maintenance is required, or the facility must be removed. The permit covers all pedestrian facilities within Minnesota Department of Transportation right-of-way. The City is responsible for construction, maintenance, snow removal signage, and all maintenance operations. RECOMMENDATIONS Staff recommended motion: Motion to approve the resolution to hereby enter into a Limited Use Permit with the State of Minnesota, Department of Transportation for the purpose of the City to construct, operate, and maintain a pedestrian trail in accordance with the Limited Use Permit granted by the Minnesota Department of Transportation within the right-of-way of Trunk Highway 169 between Hayden Lake Road and the Mississippi River. Attachment Resolution Land Use Permit Location Map L:\ENGINEERING PROJECTS\MnDOT PROJECTS\RCA 6-12-17-PED TRAIL TH169 & HLR AND MISS RIVER.doc

CCIITTYY OOFF CCHHAAMMPPLLIINN REQUEST FOR COUNCIL ACTION

AGENDA SECTION

ORIGINATING DEPARTMENT

MEETING DATE

PUBLIC HEARING ENGINEERING JUNE 12, 2017

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ITEM DESCRIPTION

PREPARED BY 7

REVIEW 2016 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM

T. TUOMINEN

BACKGROUND MS-4 Permit The City of Champlin is currently operating under a General Storm Water Permit from the Minnesota Pollution Control Agency (MPCA). This permit is referred to as the National Pollutant Discharge Elimination System (NPDES) Phase II Permit was updated in 2013. Each year, the City is required to conduct a public meeting to educate the public and allow citizens an opportunity to comment on the existing Storm Water Pollution Prevention Program (SWPPP) and the progress towards reaching the required measurable goals. This is the first year under the new MS-4 Permitting Program. REVIEW OF ISSUES Municipal Separate Storm Sewer System (MS4) General Permit The current MS4 permit is based on Best Management Practices (BMP) established by the MPCA. Within the SWPPP permit, the City self-monitors its operations and practices by developing Minimum Control Measures (MCMs). The ultimate standard is the Maximum Extent Practicable. The reporting for the permit has stayed relatively consistent through 2014, however; there are more requirements focused on Public Works activities, Illicit Discharges, Pond Inventory, and Public Out-Reach in 2015. Last year there was greater focus on the upcoming new rules for cities (MS4s) like Champlin. Tracking, documenting, and reporting on the NPDES Permit annually requires staff time and resources, estimated at 1,475 hours for this year’s report. Most work invested is spent on street sweeping, pond and sediment basin inspection, illicit discharge inspection, plan review, NPDES tracking and reporting. Administration 70 hours Public Works 660 hours Community Development 75 hours Engineering 670 hours New Permit and 2015 Ordinance Updates In August of 2013, the MPCA Board adopted a new storm water permit for MS4 Cities. The City was reauthorized for our Storm Water Pollution Prevention Program (SWPPP) with the new rules in effect for 2015. The City adopted Engineering Guidelines for Storm Water Management and revised the City ordinance for Natural Resources governing Land-disturbing Activities. These standards brought the City in compliance with the new rules.

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The Environment and Resource Ordinance, Chapter 110, identifies regulations that safeguard property to preserve and enhance the natural environment including, but not limited to, water quality, by regulating, clearing and grading on public and private property. The ordinance sets regulations that control land disturbances, landfill, soil storage, erosion and sedimentation resulting from the above activities. Further, it established procedures for issuance, administration, and enforcement of permits. The City’s Storm Water Management Design Guidelines have been incorporated into this ordinance. The Guidelines shall serve as the official guide for storm water principles, methods and practices for development activities.

Impacts of New Rules Under the past program, the estimated annual cost for department services to manage and comply with the current permit is estimated at $50,000-$55,000/year. This work includes program management and the inspection of 35 ponds, 113 outfalls, and 740 structures in an average year. There has been a significant amount of additional staff time required to revise operating procedures and enforcement responses for the new permit. The full cost implication resulting from the new permit has not been fully determined. However, it is estimated that staff time has increased $5,000 -$10,000 per year. Also, it is expected that costs for Outside Services in an average year will increase by $5,000-$6,000 as the new rules are implemented. Future pond management is estimated to cost up to $18,000 per year in consultant and staff time and will be identified in the 2018 budget. Some of the greatest impacts are anticipated to be in the cost/benefit of meeting water quality goals for new development and redevelopment projects. These costs could increase 30%-50% depending on the type of treatment system that is used. As an example, the new infiltration requirements cost for the TOLD Development was upwards of $50,000 to construct the commercial grade infiltration system for the newly approved development at South Pond Center. Applewood Point II development will be installing raingardens to meet infiltration requirements. Total Maximum Daily Load (TMDL) Study Update Elm Creek On March 28, 2016, the City Council was presented with an overview of the Elm Creek TMDL Study. Three Rivers Park District (TRPD) staff, together with the MPCA oversight, conducted the TMDL study for the Elm Creek and its tributaries. The known impairment in the Elm Creek and Mill Pond is the lack of dissolved oxygen (DO) in the water and Total Phosphorus (TP). Champlin Load Allocation and Protection Strategies

• Elm Creek –Reduce TP by 67% o Implement Commission Standards for Runoff Volume and Rate Control (Complete) o Implement non-production animal operation and management ordinance by August 2017 o Improve Riparian Vegetation/ Establish Buffers for public waters by July 2017

• Goose Lake/Mud Lake Reduce TP by 27 lbs. /yr.

o Work with Property Owners to improve property management BMP’s by 2019 o Develop Intensive sweeping program in Goose Lake Road Area by 2021 o Perform maintenance and performance review of tributary ponds (ongoing) o Conduct Sub watershed assessment by 2021 and implement BMP’s by 2026

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• Mill Pond Reduce TP by 67% o Implement Elm Creek Dam Project/Bank Restoration (Complete 2016) o Implement Mill Pond Restoration / remove accumulated sediments (2019)

Project Partners The West Mississippi Watershed Management Commission (WMWMC) has agreed to partner with the City for construction of infiltration facilities as part of the TH169 Landscape Project. These improvements will reduce Total Phosphorous (TP) and Sediments (TSS) that impact the Mississippi River. Future water quality projects will include improvements that require working with residents on neighborhood rain-garden infiltration projects. Also, stream stabilization and habitat projects will focus on addressing dissolved oxygen impairment. The Elm Creek Watershed Commission has approved their proposed 2017-2018 CIP, which includes funding via district levy for several Champlin projects impacting the Elm Creek. Upper Mississippi River The MPCA has completed the study for the Upper Mississippi TMDL. The known impairment of the Mississippi River is bacteria concentrations of e-coli in the water. The City of Champlin was notified that we are no longer included in the TMDL project area. However, the City will still need to implement BMP’s (Best Management Practices) to reduce bacteria. However, we will not be required to quantify the reduction of bacteria from City storm sewer discharges. Metro Wide Chloride TMDL The MPCA initiated a study on the Metro-wide Chloride TMDL in 2016. This study will impact all cities in the Twin Cities Metro area. The MSWC and individual cities have provided comments to the MPCA regarding this study and balancing environmental concerns with public safety. Outcomes of this study are expected in 2018. Environmental Resources Commission Up-Date (ERC) As part of the 2016 Public Outreach, the Environmental Resources Commission (ERC) continued a larger role in meeting the City’s NPDES goals. The ERC with staff coordination, worked on the Earth Day Event Clean-up, which was also sponsored by the West Mississippi Watershed District (Great River Clean-up).The Commission also worked jointly with the Watershed Districts to sponsor the 2016 Metro Blooms Rain Garden workshop. The ERC conducted the Annual Earth Spring Clean-up Day. The (ERC) provided a grant program for residents to construct native plantings and rain gardens. In 2016, the ERC continues to promote recycling, and operate the informational booth at the City’s Farmers Market. Attached is the ERC 2016 Annual Report. Public Meeting The public meeting will consist of a presentation of the SWPPP, which will include:

• General history of NPDES • Status of compliance with Permit Conditions(Ordinances updates 2015) • Overview of the Best Management Practices outlined in the SWPPP • ERC 2016 Year End Report • Progress towards achieving the measurable goals for 2017-2018 • Update of Watersheds and Activities

Public comments will be taken after the presentation. Formal responses to all comments will be prepared and submitted to the MPCA.

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RECOMMENDATION No formal action is required. Attachments: Power Point

CITY OF CHAMPLIN REQUEST FOR COUNCIL ACTION

AGENDA SECTION

ORIGINATING DEPARTMENT

MEETING DATE

UNFINISHED BUSINESS GOVERNMENT SERVICES JUNE 12, 2017

ITEM #

ITEM DESCRIPTION

PREPARED BY 8

RESOLUTION APPROVING THE ON-SALE WINE LICENSE APPLICATION FOR CHRISTINE DIEBEL

Scott Lepak, City Attorney/

Roberta Colotti, City Clerk

BACKGROUND This is a continuation of a prior matter involving Christine Diebel’s application for an On-Sale Wine License (including beer and Sunday sales) for the establishment TR Bistro, LLC, also known as Thomas Reese Olive Oil Co. The public hearing on this matter was held and closed on May 22, 2017. At that time, Council directed further investigation pursuant to City Code Section 6-14. Following the last Council meeting, further investigation occurred. The only items revealed were that:

• The pending criminal matter of State of Minnesota v. Christine May Diebel, Case No. 02-CR-16-5501 had the plea hearing continued to July 25, 2017. It should be noted that records of arrest not followed by a valid conviction cannot be used in connection with any application for a license. Minn. Stat. Sec. 364.04.

• The Applicant’s check to pay the outstanding amount on the overdue Promissory Note associated with

the WAC/SAC payment was received. The City deposited the check and will confirm its validity prior to the Council meeting.

Accordingly, the material before the Council and developed during the public hearing constitutes the record in this matter. At the prior Council meeting, discussion focused on whether the applicant met the standard for issuance of a license under the following provision: State Law provides that no retail license may be issued to the following:

(3) a person not of good moral character and repute; or Minnesota Statutes Section 340A.402, Subd. 1. Champlin City Code Section 6-1 adopts the provisions of Minn. Stat. Sec. 340A.

REVIEW OF ISSUES Council will need to decide whether to grant or deny the license.

A. Note that the license cannot be issued if the applicant’s delinquent SAC and WAC fee/promissory note does not clear.

B. If the Council chooses to grant the license, it can be accomplished by motion noted below.

C. If the Council chooses to deny the license, it should specify the factual basis for such a determination.

RECOMMENDATION Staff recommends approval of the application. If a motion to approve the On-Sale Wine License Application is in order, the City Council needs to make a motion to Adopt a Resolution Approving The On-Sale Wine License Application For Christine Diebel. If a motion to disapprove the On-Sale Wine License Application is in order, the Council needs to make a motion to Deny the On-Sale Wine License Application For Christine Diebel. This motion must be followed by the basis for such denial which will then become the findings of fact supporting such denial.

CITY OF CHAMPLIN REQUEST FOR COUNCIL ACTION

AGENDA SECTION

ORIGINATING DEPARTMENT

MEETING DATE

NEW BUSINESS

COMMUNITY DEVELOPMENT

JUNE 12, 2017

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ITEM DESCRIPTION

PREPARED BY

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A RESOLUTION APPROVING A PRELIMINARY PLAT, A RESOLUTION APPROVING A SITE PLAN, INCLUDING SITE

VARIANCES, TO CONSTRUCT A 3,600 SQUARE FOOT MULTI-TENANT RETAIL BUILDING AND A RESOLUTION APPROVING

A CONDITIONAL USE PERMIT FOR A 2,200 SQUARE FOOT RESTAURANT (TIM HORTONS):

HEMPEL COMPANIES (PROJECT 2017-07)

SCOTT SCHULTE

BACKGROUND Hempel Companies proposes to develop a 0.71-acre site located in the southeast quadrant of T.H. 169 and 120th Avenue North. The parcel was created in conjunction with the Super Target development and the re-alignment of Business Park Boulevard. The request includes: 1) preliminary plat approval converting an outlot to a developable commercial lot; 2) site plan approval, including building setback and parking setback variances, for a 3,600 square foot multi-tenant retail building; and 3) conditional use permit approval for a 2,200 square foot restaurant (Tim Hortons) in said building. With the realignment of Business Park Boulevard at 120th Avenue, it was understood that parcel configurations would limit development opportunities. Specifically, the lot depth and street frontage create constrained parameters, which would require the need for variances. The site’s land use designation is Commercial (C) and the zoning is Commercial General Business District (C-2) / Planned Unit Development (PUD). The Champlin Retail Centre PUD was established in 2002 (attached). Retail buildings are defined as permitted uses and restaurants as conditional uses. REVIEW OF PRELIMINARY PLAT The preliminary plat converts Outlot C, Champlin Retail Centre into a 0.71-acre buildable commercial lot. The plat identifies appropriate drainage and utility easements. Park dedication commitments for this property were paid with the Champlin Retail Centre plat. REVIEW OF SITE PLAN AND VARIANCES Site Characteristics: The 0.71-acre parcel is directly south of 120th Avenue and west of Business Park Boulevard. The site is flat with existing grades lower than adjacent roadways. Directly west of the site is a stormwater retention pond, a portion of which is on the parcel. Site Layout/Setbacks: One entrance from Business Park Boulevard serves the development. Its location is adequately spaced from the Business Park Boulevard/120th Avenue intersection. Striped turn lanes on Business Park Boulevard are planned in support of the access.

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Given limited lot width and the unique shape of the parcel, the site layout involves setback variances. The variances are:

1. Building Setback Variance: A 6.8-foot building setback variance from the required 30 foot setback from the Highway 169 right-of-way. The property has frontage on three sides making building placement difficult. The building respects setbacks along Business Park Boulevard and 120th Avenue North and encroaches into the Highway 169 setback due to the large ponding area adjoining the Highway.

2. Pavement Setback Variance: In order to accommodate required parking, drive-aisle widths and a

drive-through, the developer is requesting a ten-foot variance to the pavement setback of 15 feet. To offset the pavement setback, the developer is providing additional landscape plantings along Business Park Boulevard and 120th Avenue.

Staff supports the variances understanding the unique parcel characteristics. The variances do not adversely impact neighboring properties nor do they impact public safety. Parking: City Ordinance requires nine parking stalls for the 1,385 square foot future retail use and 17 parking stalls for Tim Hortons. Plans provide the required 26 parking spaces. The limited parking does not support a second restaurant use. Utilities: Sanitary sewer and watermain are available via Business Park Boulevard. The building will tap into these utilities. The Fire Chief reviewed the hydrant location and has determined it adequately services the structure. Grading and Storm-Water Drainage: The site grade is relatively adjacent to Highway 169 and slowly transitions to higher grades along Business Park Boulevard. Plans provide for raising grade to support the development. Grades will match elevations along Business Park Boulevard, providing better visibility and accommodating sanitary sewer service depths. Drainage from the lot is collected from the building’s roof and catch basins. The runoff is routed to an underground infiltration system, which ultimately discharges into the pond adjacent the highway. Underground infiltration is needed due to lack of at-grade infiltration area. A retaining wall is planned along the west boundary. The wall supports raising grade to create a developable site similar in application to the bank and retail sites north of 120th Avenue. Large rough-textured concrete block (ReCon) will be used to ensure integrity and longevity. It is recommended that the color and texture of the wall complement the wall on the north side of 120th Avenue. The wall height is extended above grade to screen a guard rail between the wall and drive-aisle. Building Design: The proposed building façade embraces appropriate vertical and horizontal relief on all four sides including brick, cement board lap siding, and large windows (covered by metal awnings). The design is consistent with Tim Hortons branding effort; though cement board lap siding is not permitted under the Champlin Retail Centre PUD. Tim Hortons has a desire to maintain their brand and indicate that cement board lap siding is a more durable, attractive material that does not detract from the building’s look. Staff supports the introduction of lap siding as a secondary material to promote the “brand” and maintain a quality, durable aesthetic. Color renderings are attached in the packet. A materials board will be available at the meeting.

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A detached trash enclosure is located along the north building elevation. The enclosure shall mirror the primary building materials. The enclosure gate shall consist of durable 100% opaque material. Signage: The Sign Ordinance permits three wall-mounted signs with a restriction on the use of cabinet type signs. A comprehensive sign plan shall be submitted for the multi-tenant building as required. Open Space & Landscaping: The site is in conformance with the 25 percent open space/green space requirement. City Ordinance requires the provision of 14 over-story trees and 24 shrubs for the site development. The proposed landscape plan identifies 19 trees and 75 shrubs, which exceeds minimums. All landscaped areas are required to be irrigated. Site Lighting: As prescribed by the PUD, twenty-foot parking lot lights shall be distributed properly on the site. All site lighting shall be downcast with fully cut-off fixtures. Building mounted lighting shall be either downcast or up-lit from a concealed source to accent the facade. REVIEW OF CONDITIONAL USE PERMIT The westerly 2,200 square feet will be occupied by a restaurant (Tim Hortons). The use requires a conditional use permit.

Tim Hortons plans hours of operation from 6 a.m. to 8 p.m. Hortons typically has four to six employees working at one time at the restaurant which seats up to 30 patrons.

A drive-thru is planned in support of restaurant service. The drive-thru has ample stacking and meets the City’s width standards. Approximately 60 percent of the business will use the drive-thru. When considering a conditional use permit for a restaurant, the intent is to ensure that any potential negative externalities are addressed, including noise, odor and parking. Staff does not anticipate negative externalities with the proposed dining use. The site is adjacent to other commercial uses far from residential uses. With 17 dedicated stalls, parking ratios are consistent with other Tim Hortons and should be adequate for the use. PLANNING COMMISSION RECOMMENDATION On May 15, 2017 the Planning Commission held a public hearing on the project. Mr. Robert Telefor, general manager at Arby’s, expressed concerns for Tim Hortons impacting business at Arby’s. No other public testimony was offered.

Planning Commissioners discussed the proposed plans in detail. Commissioner Costello shared concerns with the retaining wall design. He recommended certified engineering of the wall plans to ensure longevity. The wall plans have since been certified. The Commission recommended approval of the development, including the plat, site plan and conditional use permit. Minutes from the meeting are attached. RECOMMENDATIONS By three separate motions, approve the following:

A. Approval of the Preliminary Plat for Champlin Retail Centre 3rd Addition.

B. Approval of a site plan, including setback variances for the building and parking lot/drive aisles, for

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a 3,600 square foot multi-tenant building, subject to the following conditions:

1. The applicant shall acquire all necessary permits from appropriate jurisdictions, including but not limited to MnDOT and MPCA.

2. The City shall approve final storm sewer, grading and utility plans. 3. The developer shall enter into a development agreement with the City, as modified herein and

pursuant to the conditions of site plan approval, and provide the escrow and financial guarantees for site improvements.

4. The developer shall remove all debris (concrete, garbage, rubble, wood, etc.) accumulated on

the property and dispose of it off site. 5. The developer shall provide certification that the grading was done in accordance with the

approved plans. 6. Survey monuments shall be placed in concrete on the site as directed by the City's Engineering

Department. 7. The developer shall obtain an NPDES permit for the site development. 8. An underground irrigation system shall be required for all landscaped areas. 9. All site lighting shall be shielded and directed downward with poles no higher than 25 feet. 10. A comprehensive sign plan shall be submitted for City approval. Three wall-mounted signs are

allowed for each tenant. Signage shall be individual letters. No “cabinet” type signs are allowed. Sign permits are required prior to installation of signage on the site.

11. The planned retaining wall material shall resemble the texture and color of the existing retaining

wall north of 120th Avenue.

12. Cement board lap siding shall be an acceptable material for the building elevations.

C. Approval of a conditional use permit for a 2,200 square foot restaurant, subject to the following conditions:

1. The building shall be limited to 2,200 square feet of restaurant space due to limited parking

availability. 2. The conditional use permit shall be recorded with Hennepin County.

Attachments. Project Aerial Photo Champlin Retail Centre PUD Plan Champlin Retail Centre 3rd Addition Plat Site Development Plans Building Perspectives and Elevations Planning Commission Minutes Resolutions

CITY OF CHAMPLIN REQUEST FOR COUNCIL ACTION

AGENDA SECTION

ORIGINATING DEPARTMENT

MEETING DATE

NEW BUSINESS

COMMUNITY DEVELOPMENT

JUNE 12, 2017

ITEM #

ITEM DESCRIPTION

PREPARED BY

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FIRST READING OF A REZONING, A RESOLUTION APPROVING A PRELIMINARY PLANNED UNIT

DEVELOPMENT PLAN AND A RESOLUTION APPROVING A PRELIMINARY PLAT FOR AN 11-LOT SINGLE FAMILY

SUBDIVISION KNOWN AS THE COVE AT BRITTANY PARK: LANDMARK DEVELOPMENT (PROJECT 2017-12)

SCOTT SCHULTE

BACKGROUND Landmark Development has a purchase agreement for a 4.6-acre parcel at 11091 Douglas Drive (west of Douglas Drive and north of 110th Lane). The plans call for razing the existing home and outbuildings in support of eleven single family residential lots. The homes access a planned cul-de-sac extending from 110th Lane North. The project involves the following approvals:

• Rezoning from Residential Agricultural (R-A) to Single-Family Residential District (R-1) with a Planned Unit Development (PUD) overlay;

• Preliminary PUD Plan for The Cove at Brittany Park; and • Preliminary plat for an eleven lot single-family subdivision, known as The Cove at Brittany Park.

REVIEW OF LAND USE The parcel is guided for low density residential (LD) land use allowing up to four single family lots per acre. The project density of 2.4 lots per acre is within low density residential limits. REVIEW OF ZONING The property is currently zoned R-A, which is consistent with agricultural and large lot use. To support the development, a rezoning to R-1 is recommended. The R-1 zoning is consistent with property south and west of the subdivision and is appropriate for the proposed single family residential subdivision. It is recommended that the development include a Planned Unit Development (PUD) overlay zoning, similar to adjacent single family neighborhoods. The PUD supports lot widths slightly below City standards, but that are in-line with surrounding lots. Details of the planned unit development provisions are below.

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REVIEW OF PLANNED UNIT DEVELOPMENT The newly created PUD is identified as The Cove at Brittany Park Planned Unit Development Plan. It is recommended that the PUD include stipulations for setback and lot dimension variances, landscaping and trails. The recommended PUD plan is as follows (staff’s comments in italics):

1. Variances

1) Front Yard Setbacks – Minimum front yard setbacks shall be 25 feet.

Code requires 30 foot front yard setbacks. The reduced front yard setback allows for flexibility in home placement.

2) Side Yard Setbacks – Minimum side yard setbacks shall be seven feet.

Code requires five-foot garage side yard setbacks and ten-foot home side yard setbacks. The requested setbacks are acceptable. These setbacks have been applied successfully in The Reserve at Elm Creek and in Plymouth, Maple Grove and Brooklyn Park neighborhoods.

3) Lot Width – The minimum lot width shall be 75 feet.

The City’s minimum lot width is 80 feet measured from the required front yard setback. Surrounding single family neighborhoods, developed in 1992 with Weidema Estates PUD, have lot widths ranging down to 70 feet and lot sizes less than 10,000 square feet (Code minimum is 10,000 square feet). 75 foot lot widths in the Cove are acceptable and blend well with the adjacent neighborhood. Even with narrower lots, the Cove minimum lot size will remain at 10,000 square feet.

2. Landscaping and Tree Preservation

• Lots in the development shall be fully sodded and irrigated, including all boulevard areas.

The boulevard is that area which lies between the property line and the street curb.

• A minimum of one 2.5-inch overstory tree shall be planted in the front yard boulevard area.

• All rear yard landscape trees shall be provided in accordance with the approved landscape plan.

3. Trail

• The developer shall install an eight-foot wide bituminous trail connecting existing trail in Weidema Estates 3rd Addition to existing trail along Douglas Drive.

4. Home Designs

For the purpose of creating a desirable neighborhood appearance, not more than two dwellings with the same exterior configuration shall be erected on any five abutting, contiguous, successive or adjoining lots starting at any point, leading in any direction or around any corner.

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Homes shall incorporate the following: (1) Utilize varying amounts of brick or masonry trim on dwellings; (2) Use exterior colors compatible with those on neighboring dwellings; (6) Utilize hip roofs and gable roofs; (7) Vary the placement of garages; and (8) Utilize built-out or extended entrances.

REVIEW OF PRELIMINARY PLAT The Cove at Brittany Park is an eleven lot single family residential subdivision. The site is occupied by a single family home and outbuildings. All existing structures will be razed. The site is constrained by an overhead power line which exists over a sixty-foot wide powerline easement. The easement restricts structures and overstory tree plantings. Grading A majority of the site will be graded and lowered to create split entry and split entry walk-out style lots and support sanitary sewer service. Since Planning Commission review, a strip of land along the north property line is now ungraded in support of preserving a row of trees to buffer the development from adjacent condominiums. Within the ungraded area is a chain-link fence installed by the condominium owners. As discussed at Planning Commission, the fence is mostly located on the development site and is planned to be removed. The applicant contends that the fence would cause boundary issues for future homeowners. In lieu of the fence, the area will be supplemented with additional overstory tree plantings. Staff recommends that the fence located on the development property be removed and provided to the Brittany Landing Association. The Association may then re-install the fence on their property. An erosion control plan shall be submitted and shall be approved by the City that complies with Metropolitan Council Interim Strategies to Reduce Non-Point Source Pollution, PCA’s Best Management Practices, the City of Champlin’s Surface Water Management Plan and Erosion Control Ordinance. Of particular concern is dust control during site grading. Utilities Stormwater Management – Development stormwater is managed with rear yard drain tile and storm sewer conveying stormwater to an infiltration/sedimentation basin. The basin is located in the northeast corner of the site. This area is useful for stormwater management as it is under an overhead power line encumbered by a transmission line easement. The basin area is platted as an outlot to be dedicated to the City. The basin is now smaller than presented at Planning Commission due to soil test results identifying mainly sandy soils. Sanitary Sewer – An eight-inch lateral sanitary sewer is being extended from Edgewood Circle into the development between Lot 6, Block 1 and Lot 1, Block 2. For this extension, the developer shall obtain public drainage and utility easements from the property north of the development. Since Planning Commission review, the sanitary sewer extension has been moved east. The relocation reveals the need to acquire off-site easement from the westerly twin home in Peaceful Valley and not the Condominium property. Attached is an exhibit identifying the easement location. Water main – An eight-inch lateral water main is being extended from 110th Lane North into the proposed cul-de-sac. The watermain shall be ductile iron. The watermain shall be six inches past the first hydrant.

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Street Lighting. Development plans identify two street lights, one at the entry from 110th Lane and one at the end of the cul-de-sac. The entry street light shall be adjusted into the radius at 110th Lane. Also, due to the 90 degree road curve, a third street light is required between Lots 3 & 4 per the City’s adopted street light policy. Tree Preservation / Landscaping. The site is partially wooded with secondary growth trees. The primary tree types are American Elm and box elder. In total, there are 615 caliper inches of healthy significant trees (trees greater than six inches in diameter). Under the Tree Preservation Ordinance, residential developments may remove up to fifty percent of the total inches of significant trees without penalty. If this threshold is exceeded, either reforestation or restitution is required. Tree Preservation Table: Total Caliper Inches on Site (excluding pond) 592.5 Allowed Removal (50%) 296.3 Caliper Inches Removed 353 Removal Percentage 59.58% Required Replacement Caliper Inches 56.8 Proposed Tree Replacement 180 (72 trees – 2.5 inches DBH)

Most trees are removed via grading, with the exception of a wooded buffer along the north property line. A majority of trees removed consist of secondary growth/non-native trees that have less long-term value to the neighborhood. The proposed landscape plan reforests the site with native tree species (oak, maple and evergreens) in areas where they are most needed, specifically rear yards as tree buffers and front yards to enhance boulevards. Access/Streets The development is accessed from 110th Lane and cul-de-sac’d. The connection point at 110th Lane was reviewed by the City’s engineering staff and determined to exceed spacing guidelines from the 90 degree turn. The street design shall meet City standards. Trails Pedestrian trails are a key part of Champlin’s residential fabric. As such, the development plans include extending a bituminous trail across the southeast corner of the development connecting to existing trail along Douglas Drive. Park Dedication Per the Subdivision Ordinance, the plat necessitates a monetary park dedication of $4,370 per lot or $48.070. Development Fees/Assessments The developer shall pay all current and previously levied and unpaid special assessments or fees against the property and all pending assessments on Development property. PLANNING COMMISSION RECOMMENDATIONS On May 15, 2017, the Planning Commission held a public hearing regarding the proposed development. Resident testimony was as follows:

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Mary Sutten, Brittany Drive resident, expressed concerns for increased traffic on Brittany Drive. She recommended a speed bump to help deter speeding drivers. Brenda Martinson, 11030 Florida Circle, questioned whether front yard trees would be required. She also stated concerns regarding increased traffic and safety for vehicles making the curve. Jeff Fenniger, 11014 Florida Circle, stated that he does not have concerns with the development. Angela Fenniger, 11014 Florida Circle, questioned if grades would be raised or lowered and how tall homes would be. Nathan Fair, Landmark Development, stated that grades would be lowered to allow for sanitary sewer service. He also noted that homes would be split entry or modified two-story. Jim Putnam, 11175 Edgewood Circle, asked if the existing fence near the northerly property line would remain or be replaced. Mr. Fair indicated that the fence is planned to be removed as it encroaches on the development property and must be taken out to clear title. He further commented that the area would be planted with a mix of deciduous and coniferous trees.

The Commission reviewed the development plans and recommended approval of the rezoning, PUD plan and preliminary plat. Commissioner Bolterman dissented on the PUD plan as he did not support the request for seven-foot side yard setbacks. His preference was to maintain the 10-foot (living space) and 5-foot (garage) setbacks as outlined in the Zoning Ordinance. RECOMMENDATION By three separate motions, approve the following:

A. First reading of a rezoning from R-A to R-1/PUD for the development.

B. Resolution approving a Preliminary Planned Unit Development Plan for The Cove at Brittany Park, including stipulations for variances to front and side yard setbacks and lot widths, landscaping, trails and home designs.

C. Resolution approving the Preliminary Plat for The Cove at Brittany Park, subject to the

following conditions:

1. The developer shall install all trees and landscaping consistent with the approved landscape plan.

2. Street lighting shall be provided and paid by the developer in accordance with City

standards. The entry street light shall be adjusted into the radius at 110th Lane. Also, due to the 90 degree road curve, a third street light is required between Lots 3 & 4 per the City’s adopted street light policy.

3. The applicant shall acquire all necessary federal and state permits. 4. The City shall approve final street, storm sewer, grading, development and utility plans.

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5. The developer shall enter into a development agreement with the City as modified herein

and pursuant to the conditions of final plat approval, and provide the escrow and financial guarantees for all utilities, street, grading and drainage construction, etc.

6. All street widths shall be a minimum of 31 feet within 50-foot right-of-ways. 7. An erosion control plan shall be submitted and shall be approved by the City that complies

with Metropolitan Council Interim Strategies to Reduce Non-Point Source Pollution, PCA’s Best Management Practices, the City of Champlin’s Surface Water Management Plan and Erosion Control.

8. The developer shall remove all debris (concrete, garbage, rubble, wood, etc.) accumulated

on the property and dispose of it off site. 9. The developer shall provide certification that the grading was done in accordance with the

approved plans. 10. The developer shall pay all current and previously levied and unpaid special assessments,

area charges or fees against the property and all pending assessments on Development property.

11. Developer shall obtain permits from the State Health Department for public watermain

extension. All watermain shall be constructed to City standards using ductile Iron pipe and copper services lines. All storm sewer lines shall be constructed with Reinforced Concrete Pipe (RCP). All pvc service lines shall have tracer wire.

12. Survey monuments shall be placed in concrete on the site as directed by the City's

Engineering Department. 13. All disturbed areas shall be seeded, mulched and disk anchored within 72 hours of

substantial completion of grading. 14. A drainage and grading plan depicting actual lot drainage shall be submitted and approved

by the City. This plan will be used by the Building Department for building permit issuance.

15. The Elm Creek Watershed Management Organization shall review and approve stormwater

management plans. 16. The developer shall pay a seal coat fee of $3,696 (11 lots X $336 per lot). 17. The developer shall clean streets no later than 48 hours after being notified by the City in

non-emergency situations. 18. Joint trenching should be implemented where applicable. 19. Outlot A shall be dedicated to the City. 20. Monetary park dedication of $48,070 (11 lots X $4,370 per lot) is required and shall be

paid by the developer.

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21. A public trail easement shall be recorded over the trail connection in the southeast corner of

the development. 22. The developer shall obtain public drainage and utilities easements for off-site sanitary

sewer extensions. 23. The portion of fence along the north property line that encumbers the development property

shall be removed and provided to the Brittany Landing Association to reinstall on their property.

Attachments. Project Location Aerial Preliminary Plat Development Plans Planning Commission Minutes Rezoning and Resolutions