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CC 2008 03 10 CHANHASSEN CITY COUNCIL REGULAR MEETING MARCH 10, 2008 Mayor Furlong called the meeting to order at 7:15 p.m. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilman Litsey, Councilwoman Ernst, and Councilman McDonald COUNCIL MEMBERS ABSENT: Councilwoman Tjornhom STAFF PRESENT: Todd Gerhardt, Roger Knutson, Laurie Hokkanen, Kate Aanenson, and Paul Oehme PUBLIC PRESENT: Teri Voehl 770 Creekwood Street Steve Buan 8740 Flamingo Ashley Bystrom MPA Student, Hamline University PUBLIC ANNOUNCEMENTS: Mayor Furlong: Thank you to all those that are here in the council chambers, as well as those watching at home. We’re starting a few minutes late tonight. I apologize. We appreciate your patience. We were interviewing residents for potential positions on our various commissions this evening that ran a little bit long so thank you for your patience with us. I’d like to start at this time first of all ask any members of the council if there are any modifications or changes to the agenda. Otherwise without objection we’ll proceed with the agenda that was distributed. I’d like to start by making a public announcement for our Easter Egg Candy Hunt. It says here springtime is almost here, and I think we’ll just have to believe it. With the weather outside, that spring is here. We will be hosting our annual Easter Egg Candy Hunt that is sponsored by the nd City and our local community, businesses this coming March 22 at 9:00 a.m. It will be held at the Chanhassen Rec Center. This is a great time, a lot of fun for the children, grandchildren. Friends and neighbors. Look forward to seeing you there. The event starts off with musical entertainment performed by J. Shawn Sweeney. Immediately after there will be the Easter Egg candy hunt for various age groups, so even the younger children will have a chance to win some of the prizes. Children under 12 are invited to participate in a coloring contest. They can get information at City Hall or Chanhassen Rec Center, or on the city’s web site. There is a fee this year again for $3.00 for participants but pre-registration is available again at City Hall or Chan Rec Center. This is a fun event. Very family oriented and something that I know everybody would enjoy so I hope we’ll see a lot of people there. CONSENT AGENDA: Councilwoman Ernst moved, Councilman McDonald seconded to approve the following consent agenda items pursuant to the City Manager’s recommendations: City Council Meeting - March 10, 2008 a. Approval of Minutes: -City Council Work Session Minutes dated February 25, 2008 -City Council Verbatim and Summary Minutes dated February 25, 2008 Receive Commission Minutes: -Planning Commission Verbatim and Summary Minutes dated February 19, 2008 Resolution #2008-13: b. 2008 Sealcoat Project 08-06: Accept Bids and Award Contract. Resolution #2008-14: c. 2008 Inflow/Infiltration Project 08-07: Accept Bids and Award Contract. Resolution #2008-15: e. Well No. 12 Project 08-04: Approve Quote for Electrical & SCADA System. Resolution #2008-16: f. Well No. 13 Project 08-05: Approve Quote for Electrical & SCADA System. Resolution #2008-17: g. Stormwater Maintenance: Approve Quote for 2008 Stormwater Pond Cleanout. h. Award of Bid: Recreation Center Lobby Furniture. i. Acceptance of $2,000 Donation from KleinBank of Chanhassen for Summer Concert Series. All voted in favor and the motion carried unanimously with a vote of 4 to 0. VISITOR PRESENTATIONS: Teri Voehl: Hi. Teri Voehl, 770 Creekwood Street. Mayor Furlong: Good evening. Teri Voehl: Hello. We are homeowners of 3 years at a location near where the T-Mobile cell phone tower is going to be impacted. Actually we’re the closest family, and we were not notified of the change of locations, and the cell phone tower is now going to be 231 feet out our front door. And we would like to know why we weren’t notified. We were told an affidavit of mailing was sent. We didn’t receive it. We are extremely irate about this. What it’s going to do to our property value and what it’s going to do to the enjoyment of our property. Mayor Furlong: Okay. I know there was a question that you raised when you sent the email. I don’t know if Mr. Gerhardt… 2 City Council Meeting - March 10, 2008 Todd Gerhardt: Mayor, Kate Aanenson has just, do you have the site plan? Did you bring that down Kate? Kate Aanenson: Sure. Todd Gerhardt: Just want to briefly give the council an update on what the issue is and kind of how we came to making our decision on that. Kate Aanenson: When the original application came in, it was notified and notice in the paper. Notified property owners, and then the development sign went up. At that time the Planning Commission and the City Council did recommend approval. Subsequent to that, because there is a FAA requirement, it does tip the State Historical Preservation Office. Upon reviewing it we noticed the whole application. The same process that went to, for the first application, the sign. The notice in the paper. The property owners. The same list of property owners, based on our evidence. We didn’t get notices that came back on either case. We went back to the file but nothing came back that there wasn’t addressed properly or the such so, it may not have got to the property address but we did what we believe was the same process, and it did get moved. Maybe if I show this one first. The State Historical Society met with T-Mobile. If we can back that out a little bit. Met with T-Mobile to identify, this bigger area met the criteria for the setback but the State Historical Society identified this triangular area as the only place that was acceptable under the State’s criteria. So based on that location, it’s where it ended up which would be moving then over to this side of the property, which met the criteria for the state. In reading the application, it met the criteria of the conditional use and as was pointed out in the staff report, it wasn’t our first choice to move it. You know physically impacted more people, which we recognized, but again we were bound by the State Historic rules, which trumped the City’s regulations on this matter. So we had to recommend that approval. So with that it went, the Planning Commission held a public hearing. Then it went to City Council who approved it at this location. Mayor Furlong: Thank you. Teri Voehl: We were notified of the original location, and my husband attended the Planning Commission’s meetings on that, and the City Council meeting on that. We were never notified that it changed, and we weren’t, this became aware to us on Saturday after we heard some drilling out of our front door behind some pine trees. We looked at the web site and saw that it had been moved. But we were not notified. I would think it’s the City’s responsibility to make sure that the homeowners directly around this are all aware of it. We weren’t aware. We weren’t aware there was a meeting. We weren’t aware that there was a proposed change. We just assumed it was still at the original location. We didn’t receive the mailing. Councilman Litsey: I know one of the things after received your email and then we had a chance to talk a little bit and I sent you some stuff this morning, because I did research it a little bit on my own and then deferred it to staff as well but, there were notice, mailings that went out on the, th I believe it was the 25 of October, which was prior to the Planning Commission public hearing. And I know your name was listed on there and address but that never got to them? 3 City Council Meeting - March 10, 2008 Teri Voehl: It did not, and it also says Drive instead of Street. Our address is Creekwood Street. Councilman Litsey: Street. Teri Voehl: We didn’t get it. Kate Aanenson: But they did get the first mailing, and there are different address. Some say Street, some say Creekwood Drive. The County’s legal says, but none of them came back. They all got the first thing so none of them came back to say they were addressed in error so. Teri Voehl: We didn’t get it. Kate Aanenson: I’m not disagreeing that you didn’t get it. I’m just saying all the first ones went out. They did receive the first one. The same address was used the second time and that’s all I’m trying to understand. Teri Voehl: This, yeah I think it’s strange also, but we didn’t get it. I mean this is now 230 feet out our front door. We would certainly have been at any follow-up hearings or meetings regarding this. It’s going to kill our property value. Councilman Litsey: I know when I read through it a little more too, at the Planning Commission there was some residents there that expressed some concerns. Teri Voehl: Yeah, and I read that too. I met with Sharmeen this morning. She gave me. Councilman McDonald: If I could, could I speak to that because I chaired both of those meetings and they were quite heavily attended. In fact you’ve got another couple neighbors over there who were very upset. There was another gentlemen who I think may be even closer. Teri Voehl: No, he’s not closer. Councilman McDonald: Well at the time, as I recall, he was within about 200 feet because that was his whole complaint too was this was right outside his back door. Teri Voehl: He’s much further. Councilman McDonald: He seemed to indicate it was much closer but, we were very upset with the way that this had worked out, and I think I expressed quite a bit of that but as Kate said, it was out of our hands. We had approved the original positioning, where it was at, and again the State came in and at that point we had no choice. And some of my comments at that were, T- Mobile evidently knew about different locations and I think one of the things that I had asked staff to look at in the future was, we can’t just take these guys at their word. If we had known about this a little bit better and had more foresight as to a number of different locations, which I felt we were not given, maybe at that point we could have had better involvement within the community but when it was brought to us on the first time through, this was the most ideal spot and because of the need for cell phone communications in that area, that was one of the reasons 4 City Council Meeting - March 10, 2008 why the commission you know agreed to approve it where it was at. When it came back through the second time, we really felt we did not have much choice and that the impact again, those meetings were attended. A number of your neighbors did speak out about why it was being moved. It was explained. I was under the impression and again within that neighborhood there was a group that was together in all this and that the word would have spread and that everybody who was opposed to it would have been there because the one neighbor you had, he was very vocal in his opposition to it. Teri Voehl: Well the new location is better for him and worst for us. Could you put that back up here so I can. Basically this is our front door. We have windows all along this. This new location is right out our front door. All the windows to the front of our house. When it was originally over somewhere around here, right? Obviously, he lives here. This was going to be, probably within his view but a lot further away from it than we are. I can’t see any reason why somebody didn’t make sure that we were aware of this thing being moved. We found out Saturday, and the footings are in and it’s now up to you all a foregone conclusion and it’s devastating to us. We moved here because it’s a beautiful area and it’s peaceful and it’s quiet and it’s visually very appealing and this was devastating to us. I mean from all of our front windows, our front door, we have a front patio. This is going to be what we look at. Before it was over here we were upset, but now I mean if we would have been notified. One mailing is all? I mean no follow up? No letters? No nothing saying anything, anything was even finalized or anything was being considered. Supposedly one card was sent. We got the original card. My husband attended the meetings. He signed in. He met Sharmeen. He met probably many of you. Well me met many people on the Planning Commission. No one noticed the absence of the person who lives right here? These people over here too are certainly not happy about it. He was out of town for the meeting and couldn’t attend, but he’s irate as well. I mean if it was summertime we do see our neighbors a little more but this all happened over the winter. Nobody sees anybody or we would have heard from somebody. I assume they all thought we knew and probably would see them at the meeting but I mean these ladies are 80 some years old. We don’t run into them often. Mayor Furlong: Okay. What is the normal process of notification? There is a mailing within a certain area. What are the different levels of notification. Kate Aanenson: Yeah, our ordinance exceeds the law. It’s 300 feet. We go typically 500 feet. Sometimes we go beyond that. We did speak to some of the people before the meeting who chose not to show up to the meeting. The two elderly women you’re talking about came in that day or the day before to talk to us about that. We explained to them the State Historic Preservation. Again we’re stuck with that triangular area with what the State approved somewhere in that site. But they did come in and did tell us that they wouldn’t be at the meeting and voiced their concerns. We did share that at the meeting that they had come in so. Mayor Furlong: But other than mailings, are there any other? Kate Aanenson: That’s our typical process. Todd Gerhardt: Put up the development sign. 5 City Council Meeting - March 10, 2008 Kate Aanenson: Yeah, and a notice in the paper. Teri Voehl: But nobody moved that sign either. I mean it was originally off 101. Kate Aanenson: It came down and then it went back up though. Teri Voehl: But it didn’t go over here to tip us off either. Councilman Litsey: Where did the sign stay Kate? Over more by 101. Kate Aanenson: Correct. Todd Gerhardt: And you want it to be visible you know. It’s on the property that’s being impacted so, as the number of cars that go by, if we put it back over there, some of the people that live closer to 101 may not see it so. We try to keep our web site up to date on all the development activity going on. There was a public hearing at the Planning Commission. That was advertised in the paper, and I know everybody doesn’t look at that. We send out notices. I apologize that you didn’t get notified. Staff will sit down and talk about what other procedures we can go through to try to notify people. Bottom line is that I don’t know, our hands were tied. I think Roger might be able, the city attorney might be able to give you more detail, but our hands were tied on this. We didn’t have a lot of choices when it came down to, I think Kate showed you the triangle of where this thing could be located and that’s not a lot of room to move the tower around. Teri Voehl: Even within the triangle, do you have? Because at probably the worst possible location for our home, and the best for Mr. Halla. It’s right here. It’s in the furthest most corner of his, of this, it’s closest to our house. Our house is right here. I mean even if it was up here it would be better but the whole thing is devastating to us. Todd Gerhardt: Understand. Councilman Litsey: I certainly understand your concerns and wish you had received the mailing and had a chance to you know, to come. Earlier on in the project when you were tracking it, was it just kind of your assumption that it was going to be, was a done deal where it was at? That it was over with? Teri Voehl: Well we knew it was a done deal where it was at. I mean I didn’t even know there was a potential for them to change it. The City Council voted and I mean that all was, right? I mean it was all. Todd Gerhardt: You’re absolutely right. I mean when it originally went through, you know everybody probably left that meeting thinking it was concluded. 6 City Council Meeting - March 10, 2008 Teri Voehl: Yeah, we had no reason to assume there was going to be any changes and we didn’t hear from anybody that there was going to be any changes and we didn’t hear from anybody that there was going to be any changes. Todd Gerhardt: And then when SHPO got involved, the State Historical Society, you know they challenged the location of it and not 100% sure who contacted them to have it modified and changed. Once they made application for that change, we had no choice. We followed the same procedures that we followed the first time it was approved. Used the same mailing list and notice and processes, and I know you weren’t notified or didn’t receive the mailing. Teri Voehl: But don’t you think it’s extremely strange that the people that live right here, when you move it to right here, or right here, didn’t show up for the next meetings and hearings on this? We had no idea. Mayor Furlong: And I guess all we can say is, to, and I think Mr. Gerhardt said it. We’ll take a look at the process. Teri Voehl: That doesn’t do me any good. Mayor Furlong: And I don’t know that you’re going to get an answer that you’re looking for tonight if that answer is to not have that tower built there. If that’s what your question is about. The issue that’s concerning is whether or not people get noticed. You say you didn’t get it. I believe you, and yet I hear what was done and it was the same process used the first time. It’s the same process that we use all the time. Teri Voehl: It’s one card sent out, and if you miss that you get a 150 foot cell tower? Mayor Furlong: Well what I heard is that was the notice for the public hearing. It’s directly sent to property owners within a certain area. There’s also the development sign that goes up on the property, which went up the second time I understand. Teri Voehl: In the same location. Mayor Furlong: But, and that could have been development of something with nothing to do with the cell tower too. If there was another application brought in by that property owner, the sign would go up. And I know we notice in the newspaper as well and not everybody reads all those but I guess the question is, and what Mr. Gerhardt said is, we’ll take a look at it and see what. Teri Voehl: Well we get the Chaska paper, not the Chanhassen paper. Mayor Furlong: Excuse me? Teri Voehl: We get the Chaska paper. Mayor Furlong: Okay. 7 City Council Meeting - March 10, 2008 Teri Voehl: Not the Chanhassen paper. Mayor Furlong: Okay. And our official newspaper is the Chanhassen Villager, and that’s what we designate every year so that’s where our official notices go so that’d be part of the problem too. But we can empathize with your situation. I think the challenge here and the reason it was moved is because the State Historical Society, as I understand it by statute, has over riding authority in this situation. Even though it was originally approved, they disapproved it and therefore it was not allowed to go there. Teri Voehl: I understand the process but I don’t understand why there was not a second attempt made to notify us. Mayor Furlong: Well, and I think that’s something that we’ll consider is how many attempts are reasonable number of attempts to let people know, and that’s something we can review. Teri Voehl: So what is our recourse? Mayor Furlong: With regard to? Teri Voehl: Trying to stop this cell tower from being outside of our front door? Mayor Furlong: Mr. Knutson? Roger Knutson: There is no recourse available through the City. The City has approved it. They’re under construction. Teri Voehl: So we have to find a real estate attorney and see if we can have an injunction? Roger Knutson: Certainly that’d be your own, you can try. Teri Voehl: As a taxpayer of the city, I am extremely upset that we weren’t notified. I think everybody in this audience would like to know if there was a 150 foot cell tower put right outside their front door. Councilman Litsey: I certainly understand your concerns and I think the concerns were brought forward, at least to some extent, at the Planning Commission meeting. I think they did take a look at those concerns from some of your neighbors in the area to see whether or not it was, those were at least taken into account. And then of course you have to go by what’s legally, we can and can’t do in terms of projects and then we move forward. So I think it’s good to look at the process. It doesn’t help you tonight. I understand that. I think that’s all we really can do at this point unfortunately. Councilman McDonald: Mayor, one point. I was just going to say if I could, one of the things that we did try to do at the Planning Commission because there was involvement from everyone, we did put extra requirements on the cell phone tower as far as to try to camouflage it a little bit 8 City Council Meeting - March 10, 2008 because we were sensitive to the fact that yes, everyone in that area is now going to go out at some angle and that they would see this tower up in the air. And they did bring forward a number of ways to paint it or to try to at least minimize the visual impact. I understand that it’s still there but we did try to take all that into account. We looked at a number of different items but again by the second time it came through, I really felt that the commission’s hands were tied. We couldn’t do anything about it at that point. Councilman Litsey: The other thing too, if my memory serves me right and I think it was Mayor Furlong who brought this suggestion up was that if the tower wasn’t used for a period of a year or so, that it had to be removed. Not that that helps you immediately but I know there was some talk about that technology maybe being obsolete within 5 years and if that’s the case, and if in fact it’s not used, then at least that was what memorialized in that approval that they’re going to have to take it down so it doesn’t sit there for another 20 years, just for no reason. And I thought that was a great amendment at the time and probably will come into play. Not immediately but hopefully down the road. Mayor Furlong: Okay, thank you. Anyone else for visitor presentations this evening? Okay. Let’s move on with our next items. JIMMY JOHN’S, 7851 MARKET BOULEVARD, APPLICANT, KRAUS-ANDERSON, INC.,LLC: REQUEST FOR SITE PLAN APPROVAL WITH VARIANCES FOR A 1,650 SQUARE FOOT ONE-STORY RESTAURANT BUILDING; AND A CONDITIONAL USE PERMIT TO ALLOW A FREE STANDING, FAST FOOD RESTAURANT IN THE CENTRAL BUSINESS DISTRICT (CBD) LOCATED ON LOT 1, BLOCK 1, MARKET STREET STATION. Kate Aanenson: Thank you. This item appeared before the Planning Commission on their th February 19 meeting. The Planning Commission unanimously recommended approval. The site itself for the Jimmy John's is part of the Market Street Station project, which was approved th in 2003. Located just south of West 78 Street. The request is for a conditional use for the restaurant. When we approved the original site for Market Street Station we looked at a restaurant pad here and an additional restaurant attached to the Dinner Theater itself. At that time this was originally approved for 2 sites. The project that’s being requested tonight is just for one use itself, and the other factor on that is, that this does require a conditional use. As you recall one of the issues that we talked about with the code updates is that a free standing restaurant in the central business district probably doesn’t need to be a conditional use. At this point that’s how the code reads so we are getting a conditional use that’s one, I just want to circle back to that point. That’s one of the things that we would be changing. A free standing. It’s not a drive through. That we wouldn’t make that a conditional use. The architecture itself would be similar to what’s at Market Street Station and it does meet all the requirements of the district itself regarding the pre-cast stucco and the like. It will have an entrance facing, I’ll just show the elevation. It does meet the requirements for fenestration. We added additional, the applicant added an additional window. The front itself faces, this is the back side of the hotel. This is the existing dumpster. So the back side, the patio side is actually to the interior. There will be a door here but that’s the control point coming in would be this so that’d be exit only so there’s sidewalks. The Planning Commission did discuss access and sidewalks that is shown more 9 City Council Meeting - March 10, 2008 clearly on here. On the site plan itself. Parking was one issue that was raised by some of the property owners in Market Street Station itself. How the parking’s allocated. There is sufficient parking. Everybody likes to park towards the front and Market Street Station they were concerned that the restaurant, how that would impact the, the managers of Market Street Station have addressed that and if you have questions on that, I’ll let them talk about that themselves. But other than that, it does meet all the requirements of the zoning district. The one that’s still unresolved is the trash dumpster. They’re showing it here. Our recommendation was to try to work with the redevelopment of the hotel itself. They’re working through, re-siding their building. If they can combine together, it makes more sense. We certainly want the trash on the back side as you’re kind of behind the hotel itself right there for quiet. But with that we are recommending approval, or the Planning Commission did and the conditions are outlined in the staff report and I’d be happy to answer any questions you had. Mayor Furlong: Thank you. Questions for staff. The materials. If you put up, are they identical to Market Street, or is it going to look like this is the same materials? Same architecture? Same style? Kate Aanenson: Correct. Same style. Mayor Furlong: So it’s a mini twin effectively. Kate Aanenson: That’s correct. Mayor Furlong: Okay. And then if you could put up the picture of the site plan again. Help us understand the flow a little bit there. I know this was something they were talking about. You had the color of the green one. Well maybe we’ll get back to this one in a minute. The green and purple. So the main parking area for this would likely be to the. Kate Aanenson: In this area here. Mayor Furlong: Okay. Kate Aanenson: And the convenience is, there’s a lot of parking for Market Street. The bank that’s on this end. Because if you, and let’s switch back here. And this is something that we recommended and I believe the management company agreed to too. If you look at the parking up in here, there is plenty of parking. It’s just a little bit more coming and walking around, so we talked about putting a break through there and that’d be happening yet this spring or summer, so it’s just an easier walk from the upper to the lower without having to go all the way around, because there is adequate parking. Mayor Furlong: And there is elevation change there, right? Across that island? Kate Aanenson: Correct. Correct. And just the convenience so the people that walk in that, that want to go in here, could be on this end and that was their concern is are they going to be pinched for some of that when there’s the lunch hour rush, so there is adequate on this side so they’re working to have assigned parking and then make that cut to make it an easier access. 10 City Council Meeting - March 10, 2008 Mayor Furlong: But this is all the same, it’s all the same property owner and. Kate Aanenson: Kraus Anderson has the underlying parking access, right. Mayor Furlong: Alright. Okay. Other questions. Councilman McDonald: Excuse me, yes. There were two other issues that came up during that, and I’m not sure if you’re the one to answer that or if it’s the applicant themselves. We talked about the south side parking and the problem with that was again getting through the building because of the way it’s designed. Had anything been resolved on that? I know there were, or is that something better left… Kate Aanenson: Yep, I think they can answer that question. Councilman McDonald: Okay. Then the other issue that was brought up was that intersection because now as you go out, you’re directly across from the entrance into the Cub and I know the question was brought up about have we created a traffic problem there because the restaurant will have more people coming in and out. Kate Aanenson: And that would be, I don’t know if I could have the City Engineer maybe comment. The most difficult move’s going to be the left turn coming out and going south, and when you’ve got to cross the northerly traffic. I believe Alyson addressed that a little bit in her comments but I don’t know if you wanted to comment on that Paul. Paul Oehme: Yeah, I mean from the trips that are being generated here, we don’t feel that it’s going to be a substantial increase from the current traffic flow at that intersection. We are monitoring it. We plan to do additional traffic studies this summer as well to keep on it. To look at it and see if it warrants additional improvements, additional turn lanes, those type of things in the future but from what we were seeing from the data, we have received, we don’t see any justification for modification of that intersection at this time. Councilman McDonald: Okay, thank you. Mayor Furlong: Couple other questions. You had mentioned the trash, and I see it’s, I think it’s condition number 2 asking that they continue to pursue an option of sharing the trash with the hotel. If they don’t, what’s our screening there or what’s the view that we’re going to see from Market Street? Do you have an elevation view of the back? Kate Aanenson: Yeah, one of the things that we. Mayor Furlong: That is the back of the building right? Kate Aanenson: Yeah. We did recommend that they provide that additional landscaping. We do have this, this would be the view perspective here so. They have like a wing wall and the enclosure. We put landscaping around that but coming down. 11 City Council Meeting - March 10, 2008 Mayor Furlong: Would that be looking south at it or is that? Kate Aanenson: Yeah, it’s going to be in front, right. It’ll actually be in front of the back door, which is over here. Mayor Furlong: Okay, can you slide it? Kate Aanenson: Sorry. Mayor Furlong: So that’s what you’re going to see was the main. Kate Aanenson: Right. So the view that, or the goal then would be to provide additional landscaping in front of that. You have to be able to roll this out to get it out there so, we’re pretty confident that this will work together and that makes more sense but it’s rolling it back and forth. Sometimes they get left out and the same sort of thing, it’s a good distance to roll so that’s our first choice. And they’ve made good contact on that. These folks are in the middle of remodeling and they’re in early negotiations so we’re hoping by the time we get to that point in construction, we can make that happen but that was a concern. That visibility from that side looking at it. That we landscape that so we’re not looking right into the doors of the, so it should be architecturally compatible with the wing walls and all that. Mayor Furlong: Okay. And then the other question I have on the conditions is condition number 8, which I’m trying to understand the significance of this…energy dissipation relating to the discharge probably to the outlets? Is that something that’s pertinent here? Kate Aanenson: I’ll let the City Engineer see if he wants to comment on that. Oh, this is going down to the pond? That’s actually. Mayor Furlong: But the pond is where? The pond is, is the pond back across from the Haskell piece? Kate Aanenson: Yeah, or the one. Then it eventually goes over to the one behind Cub is where it goes, correct. I think the bottom line is the reinforced erosion control may be required. Mayor Furlong: But on this particular site or? Kate Aanenson: No, when it gets to the, yeah, they’re still responsible for adding additional hard cover so, and so they’re still responsible for the, at the end of the pipe. What comes out there. They’re adding additional hard cover. Mayor Furlong: Okay. So this is an appropriate condition? Paul Oehme: I believe it is. I mean I think it’s an existing condition too and this is just manifesting the issue. 12 City Council Meeting - March 10, 2008 Mayor Furlong: To the entire? Paul Oehme: To the entire development, right. Mayor Furlong: Development. So we’re maintaining that for, because it’s the entire development. Alright. Thank you. And then with regard to condition number 18, which was added in by the Planning Commission trying to address that parking issue. There was discussion about trying to create a walkway from the south side through the building to the atrium. Are we pretty much just focusing on that island up by the northern part of the parking? Kate Aanenson: Well there’s two issues, yeah. And Councilman McDonald brought up the other one and that was the access to the building. The main access is at this point, which is why a lot of people like to park on this area because there is some other cut through opportunities and people are less comfortable with it. So the recommendation to the Kraus Anderson management was to sign that better. Make it more comfortable for people to access other parts of the building to get to that upper level, and that seemed to be some of the people that had office buildings that want to have that comfort level of going to that second floor without having to come through the back side. So that’s the issue that they’ve addressed through, working through a parking management plan. Mayor Furlong: Okay. But as far as working with the staff, that’s more the issue of the exterior parking lot on the outside. Alright, thank you. Any other questions? Councilwoman Ernst: Yeah, I just want to be clear on Councilman McDonald’s question. When we’re talking about the proposed sidewalk connection, pedestrian, is that, are we talking about the same issue there or is that something different? Kate Aanenson: There’s two issues. Councilwoman Ernst: For the safety concern. Kate Aanenson: The one was coming down to the upper lot. Councilwoman Ernst: Yep. Kate Aanenson: Because this is the main entrance coming to the building on the back side. There is other entrances on this side but you’re kind of going through another business, so trying to cue that so it’s a more comfortable space and people feel like they can go through there without disrupting something else. So it’s just for the management to make that a more friendly or you know identifying that space as the opportunity to come through. And just shifting some of the employee parking to those other areas so that they’re no parking in the pack. Councilwoman Ernst: Okay, so we’ve addressed that concern? Kate Aanenson: Correct. 13 City Council Meeting - March 10, 2008 Councilwoman Ernst: Thank you. Mayor Furlong: Okay. Any other questions for staff at this time? If not, is the applicant here? Like to address the council. Cindy McDonald: Good evening council members. Yes, that is one thing that we are looking at. Mayor Furlong: I’m sorry, if you could just for the record identify yourself. Cindy McDonald: Cindy McDonald, Kraus Anderson Realty. Mayor Furlong: Thank you Cindy. Cindy McDonald: We are looking at putting in steps between the upper parking and the lower parking with that landscape and fence in that area right now, which will alleviate some of the people that are parking in that far corner, coming into the main entrance of the building. And we also have a variety of retailers on that southeast corner that have access from the front of the building to the back of the building, and they welcome customers coming through their space. They want that activity and they want that thoroughfare from the front to the back of the building. Mayor Furlong: Alright. And then anything else in terms of the other questions we asked about in terms of the location of the, the back side of the building which is really facing the street and the location of the trash collection. Kate Aanenson: Somebody from Jimmy John's can probably answer that. Jack Appert: Mr. Mayor, members of the council. I’m Jack Appert with Kraus Anderson. As far as the trash enclosure, we, or I have talked with…Sand who just bought the Country Inn and Suites and he seemed very receptive to working together. He’s going to tear down his existing trash enclosure and build a new one and we will work something out so we can both use that and then that will be stricken from the plan. The one we have on there so, but that won’t happen probably until the construction phase. Mayor Furlong: Okay. Alright. Very good. Anything else or any other questions for the applicant? Mr. McDonald. Councilman McDonald: Yes, I have a question concerning the south side. Again this became a very big issue and I’ve heard you say there are retailers there who are willing to let people come through. The reason it wasn’t working on the east side was everyone felt very uncomfortable about walking through CJ’s. How have things changed on the south side? Are you going to mark a common entrance so that people know to park in that lot and then walk through to get up to these businesses? 14 City Council Meeting - March 10, 2008 Cindy McDonald: We’ve been working with our signage company to help us come up with some type of signage that will further demonstrate that there is that access there. And besides CJ’s too there is also Inside Out which is a little closer to go all the way to the back. Councilman McDonald: Okay. The only questions I have. Mayor Furlong: Very good. Any other questions? Okay, very good. Thank you. There was a public hearing at the planning commission so I don’t know if anybody here has a particular comment. I don’t think there were too many changes between what was at the Planning Commission and here so. Unless there’s anybody that wanted to talk about this, we’ll bring it to council for discussion, thoughts and comments. Councilman Litsey. Councilman Litsey: No, everything seems to be covered well. Staff did a good job presenting the report and addressing the concerns that had come up and I’m comfortable. I mean it’s going to add to the traffic congestion there and pedestrian traffic but it’s you know an appropriate use for that area and something’s going to go in there. I think this is fine so I’m fine with how it’s been presented and how it’s been addressed and how we’re going to move forward. Mayor Furlong: Very good. Thank you. Councilwoman Ernst. Councilwoman Ernst: I agree. I think that any of the questions that I had have certainly been addressed here and I think it’s going to be a nice addition to the city. Mayor Furlong: Thank you. Councilman McDonald. Déjà vu all over again. Councilman McDonald: Well I probably said most everything I said at the Planning Commission. I welcome the addition of this. I think that it is good for downtown because again it adds another point for people to come to. Another variety that I think we can add to the city itself so from that standpoint I was always in favor of it. The questions I had, it sounds as though Kraus Anderson has begun to address those because again I am concerned about the residents of your building and that this would impact their business. Again the chiropractor, the attorneys that deal with the elderly and everything. They do want to have convenience so that people can get into the building so I think you’ve done a good job there as far as resolving some of that. I hope you will continue to push in those directions because we really do need this to be a successful piece of downtown Chanhassen. So from that standpoint, I am still in favor of it. I was in favor of it when I voted for it. You’ve kind of eased my reservations about any of it so I appreciate that. Thank you. Mayor Furlong: Okay, thank you. This is one that makes sense. I think that the staff and the applicant have worked well together clearly in terms of making this look as if, even though it’s going to be built here now a few years after the original main building and one of my thoughts and concerns was that it would look the same as if it wasn’t built at different times and it sounds like that’s the case. It’s going to be, continue the good look in our downtown. It brings another restaurant to our downtown. We’re always appreciative of that and I always appreciate when issues are raised at the Planning Commission and then between the time it gets here, the property owner and the staff are already working to address those issues so by the time they get here we 15 City Council Meeting - March 10, 2008 have more information that’s already in the works so thank you to everyone involved with that. Unless there’s any other discussion, is there, the motion in the staff report begins on page, if somebody’s there, I think it’s page 9. If somebody would like to make the motion. Page 9 with the conditions and Findings of Fact. Councilman Litsey: I can make the motion to approve the conditional use permit and site plan, Planning Case #08-02 for a 1,650 square foot one story, stand alone restaurant building, plans prepared by Pope Architects dated January 25, 2008, subject to the following conditions 1 through 18. And also adopt the attached Findings of Fact and recommendation. Mayor Furlong: Thank you. Is there a second? Councilman McDonald: I second. Mayor Furlong: Thank you. Any discussion on that motion? Councilman Litsey moved, Councilman McDonald seconded that the City Council approve the Conditional Use Permit and Site Plan – Planning Case #08-02 for a 1,650 square-foot, one-story, stand-alone restaurant building, plans prepared by Pope Architects, dated received January 25, 2008, subject to the following conditions: 1.The south elevation shall be revised to meet the 50 percent façade transparency requirement. 2.The applicant shall continue to pursue the option of a shared trash enclosure with Country Suites Hotel. 3.The applicant shall install self-latching hardware on the door located on the west elevation of the building. 4.All roof-top equipment shall be screened. 5.The existing trees shall be protected during construction; the applicant will be responsible for replacing any damaged or killed trees. 6.The applicant shall provide erosion and sediment perimeter control. 7.All silt fence that is not laid parallel to the contours shall have J Hooks installed every 50 -75 feet. This shall be noted on the plans and discussed at the preconstruction meeting. 8.Energy dissipation shall be provided at the inlet to the proposed pond and at the end of the discharge pipe that outlets to the wetland within 24 hours of pipe installation. The discharge location for the outlet of the proposed pond shall be evaluated to ensure that the proposed discharge will not cause erosion issues. Reinforced erosion control matting may be required. 16 City Council Meeting - March 10, 2008 9.Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Type of Slope Time (Maximum time an area can Steeper than 3:1 7 days remain open when the area 10:1 to 3:1 14 days is not actively being worked.) Flatter than 10:1 21 days These areas include any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. 10.Inlet protection may be needed prior to installation of the castings for the curbside catch basins. In that case, all storm sewer inlets shall be protected by at least fabric draped over the manhole with a steel plate holding the fabric in place. 11.The plans shall be revised to show a rock construction entrance (minimum 75 feet in length although site constraints may require alternative length) wherever construction traffic will access the site. The rock construction entrance shall be constructed in accordance with Chanhassen’s Standard Detail 5301. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as needed. 12.The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Minnesota Pollution Control Agency, Minnesota Department of Natural Resources (for dewatering)) and comply with their conditions of approval. 13.If off-site hauling is required, the developer must work with City staff to determine an appropriate haul route. 14.The building plans must be prepared and signed by design professionals licensed in the State of Minnesota. 15.The building is required to have an automatic fire extinguishing system (Chanhassen has adopted MN Rules Chapter 1306, Subp. 2). 16.Retaining walls over four feet high must be designed by a professional engineer and a permit must be obtained prior to construction. 17. Sign permits are required for all signs prior to the installation, to ensure compliance with all applicable regulations. 18. The developer work with city staff to make any traffic and parking mitigation possible under the circumstances. All voted in favor and the motion carried unanimously with a vote of 4 to 0. 17 City Council Meeting - March 10, 2008 CROSSROADS OF CHANHASSEN, LOCATED AT THE NORTHWEST CORNER OF TH 101 AND LYMAN BOULEVARD, APPLICANT, KRAUS ANDERSON REALTY CORP: REQUEST FOR PLANNED UNIT DEVELOPMENT AMENDMENT; VARIANCES; PRELIMINARY PLAT TO SUBDIVIDE 14.90 ACRES INTO 5 LOTS AND 1 OUTLOT; AND SITE PLAN APPROVAL FOR THE CONSTRUCTION OF 8 BUILDINGS. Kate Aanenson: Thank you Mayor, members of the City Council. This item too also appeared th before the Planning Commission on their February 19 meeting. Planning Commission did recommend 7-0 to approve the request. This is a complex application. Mayor Furlong: We’ll take our time. Kate Aanenson: Just the fact that there’s a site plan amendment to a PUD. We’re approving a lot of buildings. A variance. PUD amendments and of course the subdivision application so I’m going to try to break it down into bite size pieces. Sharmeen Al-Jaff on our staff certainly did a great job in putting the staff report together and reviewing the project. The site itself is located at the confluence of 101 and Lyman Boulevard. The new interchange there at 101. This project itself has some history specifically regarding the mixed use development, or zoning application on the site. That zoning actually goes back to 1991 where we actually allowed high density residential or allowed commercial in the site, and depending on the application that came in. When the Southwest Transit project came forward, at that time the staff met with the neighbors and project put together a conceptual PUD and that’s what we did at the time to kind of frame up what was happening in that area itself. And with that we did build a conceptual PUD and put some things in there, in place, and that was done back in 2005. Again we didn’t have a project in front of us so just kind of understanding what was happening in the community at the time, tried to put together a specific plan. That plan was reflected in this project layout right here so this would be right now, which is open, the Southwest station site. And this was the conceptual approval for the project that we’re talking about tonight. Another project that was built in this area is the Gateway housing project. The rest of this has not come forward. So that was part of that original PUD. So since that time, this has been sold off and Kraus Anderson has the project that’s going before you tonight. Again the conceptual approval for that PUD is one of the things we’ll be addressing tonight and the amendment to that, they are seeking in order to amend that PUD to get their project approved. Since that original one we’ve had numerous meetings with the neighbors regarding desires. The kind of the changes. Certainly this is an area of significant change because of the interchange at 101 and 212 for the neighbors and the concern of some of the things, and how rapidly things are changing down there so with that in mind, working with the developer, trying to be sensitive to a lot of those issues. So I’m going to try to break this down into the specific projects itself. Trying to give you an overview. I’m going to start with just the overview of the project itself. As you can see there was originally a large apartment complex on this side of the project that has been eliminated. There are some other opportunities to do multi family in kind of that super area of the 101/212 interchange. So looking at that, putting that together we thought made some sense in eliminating that from the project. One of the biggest concerns then was the square footage and the types of uses and the mix that were within that project itself. So what we’ve done is identify each of the projects, and we go back 18 City Council Meeting - March 10, 2008 and forth between the site itself. What that project is and then talk about what amendments to the PUD, and again I want to clarify a PUD amendment is different than a variance. Has different standards so there are two variance requests with this and that’s for setback. They’re different than the PUD amendment. So as I go through each of those, I’m going to try to differentiate the requests that are here. Mayor Furlong: And just real quick, in 20 words or less, the difference between a PUD amendment and a variance. Kate Aanenson: A variance has a different test for approval. Mayor Furlong: And it’s a variance to city code. Kate Aanenson: The city code, right. The PUD amendment, you establish whatever those are so that’s just a request to say we re-thought our standards for them because you develop those standards yourself. So because we already adopted that conceptually, so we’re going to say do we want to change that rule and that’s just an internal rule. Not a city code. Mayor Furlong: We want to hold with the conceptual or change as we go forward? Kate Aanenson: That’s correct. Mayor Furlong: Thank you. Kate Aanenson: Okay. Before I go through each of the projects, because I think it’d be helpful just again trying to do big picture as we move down conceptually… Kind of give you an overview of the design itself. So this is the look that would be at the corner looking at Lyman, from the corner of 101. Shooting across this way. The materials itself have, block on the bottom, brick and then the stucco on that second level with the aluminum siding. We believe it’s very nice, high quality buildings throughout the project. This is one perspective. Second perspective. This would be an interchange coming off of 101. This would be right at the corner. Coming off the interchange at 101. And this would be on 212, driving past the site so you’d be just on the north side looking south. Mayor Furlong: And is that a right elevation angle? Kate Aanenson: This would be the, coming over the overpass. Coming over from, so this is you’re on 212 looking. Mayor Furlong: But that’s the actual view that a car would have? Kate Aanenson: Correct. Approximate. Mayor Furlong: For topography. 19 City Council Meeting - March 10, 2008 Kate Aanenson: Yeah, we actually have a shoot perspectives…I’ve got it on a smaller scale. I’m not sure if it’d be productive but it ties back in when we look at the lighting height. We did ask them to shoot elevations across on both sides, so we have that information. Mayor Furlong: Okay. Kate Aanenson: And then finally an internal shot of the buildings themselves. So it’s kind of an overview of the generalized architecture. I’ll go through each of the buildings more specifically but I think it kind of gives you an overview of the direction that they’re taking. So the first project we’ll talk about, 4A. It’s actually the Kwik Trip site. The gas station. This is one. Zoom in on that a little bit. This is one that Sharmeen spent a little bit more time trying to tie it in architecturally with the existing businesses. I think you know we do have another Kwik Trip in town. Different architecture than what’s existing in town. Again, wanted to tie into what’s existing in the center. We believe that this response, it matches up very well. It does have, it meets all the design standards all the way around the building. It does have a car wash with it, and the car wash was not described as an accessory use so that’s one amendment to the PUD. To allow a car wash as accessory. We do allow that in other zoning districts. You don’t want a separate car wash but if it’s ancillary or supporting a gas station itself, that we would see that as a support. So the car wash and the gas station is what we’re looking at here. Mayor Furlong: Is that on a separate parcel from the? Kate Aanenson: Yeah, I’ll show you how that breaks out. This is the gas canopy, and I’ll show that in a second, so this is the gas station and that’s the car wash. Mayor Furlong: And are all those on a single parcel or are they separate parcels? Kate Aanenson: They’re all on the same parcel. That would be lot, this lot. Lot 1. Mayor Furlong: Okay. Kate Aanenson: So it meets all those standards. I do want to show the canopy real quickly. Again we do allow banding, do allow lighting…on that canopy. One of the issues that got raised before, we take pride in the way that we do our canopies as far as the lighting’s recessed in so we don’t have that excessive glow. That was one of the issues that we wanted to make sure that we address with the neighborhood and we’ll talk about in a minute, but the height of the lights, the intensity and that sort of thing so that did come up. We believe that it’s consistent with our other gas stations and we do have a good standard there. Mayor Furlong: What, is it similar height to other gas stations in town? Kate Aanenson: Yes, correct. Correct. Then the other issue that came up, that we did spend some time on was signage for the Kwik Trip itself. The gas station that they have actually out on th West 78 had a little bit different monumentation and signage so we did discuss that. We did agree to let the, there are, each individual lot gets a monument sign so we did agree to allow again, this is a PUD standard. It’s not a variance. To allow this to be the 8 foot high and allow 20 City Council Meeting - March 10, 2008 for a bigger square footage and wouldn’t say multi tenant. This would be clearly just to identify pricing of gas and electronically report that they want. The issue that we did not concur on and the Planning Commission also supported the staff was that we didn’t want a pylon sign on Highway 5. That’s one of the things we’re talking about with the city code. We don’t want to give that now, and we want to go back and look at the entire 212 corridor. We don’t want other applications on 101, especially in the neighborhood areas, kind of look at that impact. Where they should be, so they’ve got some construction time out there. That’s something if we amend our code, they can come back and ask but we want to study that. Not with a specific application but kind of go back and study that up and down the corridor where those appropriate places would be. Councilman Litsey: Are you talking about you don’t want the pylon sign like on that one side there? Kate Aanenson: This pylon sign, if you looked on the other site plan. Mayor Furlong: Is, but I think Councilman Litsey, is that the one to the left of the screen? Kate Aanenson: Correct. Mayor Furlong: That they’re asking for but you’re recommending not to approve. Kate Aanenson: Correct. 40 feet high, correct. Councilman Litsey: Right. Kate Aanenson: Right. Councilman Litsey: Okay. Thank you. Kate Aanenson: Yep. That’s what we’re saying we didn’t support. There are individual signs and I’ll talk about those in a minute too. So that’s the first land use. Or the first site plan. So you saw the site plan. I talked to you about what the amendments are. Again one other issue on that was outdoor storage. I think the Planning Commission talked about that a little bit. Typically there’s ice and some of those other things out there. They just wanted to make sure that it’s architecturally compatible and they’re working on that and we believe that can be accomplished and that doesn’t interfere with traffic. I think some of the comments from the neighbors like it’s a really nice building, let’s not have all the appendixes out there. While it is convenient to put the car wash, windshield fluid, some of that stuff out there, that they didn’t want it to deviate from the nice building itself. Okay, so the second one. Any questions on Kwik Trip itself before I move on to the second building? Councilman Litsey: You just mentioned about lighting and lighting impact. What residential housing would that really impact? Kate Aanenson: The lighting of that. It’s on the other side of 212. 21 City Council Meeting - March 10, 2008 Councilman Litsey: Actually kind of going over 212 and onto the other side? Kate Aanenson: Yeah. It’s really what we call kind of the glow effect, so we’re trying to keep it downcast and that’s why we lowered those, the overall lighting itself. It’s, even though it’s 25 feet, you’re still going to have some glowing effect, and that’s, as opposed to you know not necessarily night sky. They still seem more illuminated. Councilman Litsey: So it’s not a direct impact? It’s the aesthetic glow...type of thing. Kate Aanenson: Absolutely. Right. Correct. Councilman Litsey: Thank you. Kate Aanenson: The second site plan then would be building 4B. This is for a multi tenant building with an area of 11,000 square feet. This request that we’re amending on the PUD is for a drive thru for a coffee shop. As we talked about again with the code amendments, our code typically in the past we’ve just addressed drive thru’s for banks. There are other types of drive thru’s that we said that are not restaurant related food service, including dry cleaning, drug stores. We also felt that you know that a coffee shop would be an appropriate use. The neighbors supported that, so we did recommend the PUD amendment to allow for the drive thru coffee shop on this building itself. And that would be along this end up here. On this end up here. Mayor Furlong: So that’s the location of the drive thru up there? Kate Aanenson: That’s correct. Up there. So that would be the PUD amendment there. Let’s see. And then I’ll show you that building itself. Again a multi tenant building. Building 4C is a two story multi tenant. They have a second floor of 11,000 square feet. The signs on this building, on the second floor. It’s a condition that we have in the city code that says that when they’re on the second floor that they not be illuminated. That’s kind of to let neighborhood tolerance. That glowing. Kind of what we talked about. While it may not necessarily shine in your eyes, it’s still that light that can be a nuisance so we’re recommending that the signage on the second floor be eliminated. Mayor Furlong: And signage for this building, it backs up to Lyman. Are there going to be lit signs on the Lyman side as well as lit signs on the parking lot side? Kate Aanenson: Correct. Only on the first floor. …second floor may not be illuminated at all. Mayor Furlong: But there will be signs on both floors or did I see somewhere that you wanted to limit the signs to the first floor? Kate Aanenson: Yeah, that’s a discussion when I get to the signs too, we talk about…we have a certain height of 20 feet. I think they want the flexibility within that parapet area so we wanted to make sure that we went…but there will be some taller ones on that. Is that your question? 22 City Council Meeting - March 10, 2008 Mayor Furlong: It’s my question, I thought I saw somewhere that the desire to limit the signs to the first story only. Kate Aanenson: No, and it just said they can’t be illuminated. I’m reading from page 10, where we just say that they can have them. That we just don’t want them lit. Mayor Furlong: Okay. Let’s keep going. Kate Aanenson: Then Building 4D. Another restaurant. Potential restaurant site. Would be for 8,000 square feet retail building. There’s no PUD amendments with this one. 4E is the bank building. The bank building itself is 5,000 square feet. Does have the drive thru which we did put in the original PUD. The sixth one is the smaller building. 4F, the smaller retail building. That’s 3,400 square feet. Again no amendments on that. And then the final one would be the 4G. And then the last one would be the 4G which is to be a 10,000 square foot building. Deli and liquor store, but the condition in there would be that the liquor not exceed 60%. There’s other businesses in there. Restaurant and the like. Deli. In the PUD it said no single user greater than 8,000 square feet. The underlying zoning district, the BN district which the comprehensive plan references. Says that this should be based on that district. Does not cap any square footage so that came out of kind of that concept where we’re doing that, so again we didn’t know what those users would be. A lot of things got thrown around at kind of what would be an appropriate use down in this area. This one seemed to, seemed to be a nice mix for the rest of the development in there. So we are recommending going up to the 10,000 because it would be a single use, although there are kind of 2 or 3 businesses in there. I don’t want to split hairs on that and say it is one user. Running different types of businesses in there. So with that, there was a couple concerns that were brought up by the neighbors and we want to address them. I’m not sure we can do that right now but they were concerned about some of the noise on the, if there’s an outdoor patio. What they’re showing so we kind of want to work with that project when it comes in and see what they do. Whether we need to provide. We do have some of that, where there is residential already in the core of downtown. Outside businesses. We don’t anticipate live bands. We’d look at that. We do require speaker, but if there is some music, we want to make sure that that’s not a nuisance for those across the street that have a lot of that kind of attractive nuisance sort of issues. And that goes with some of the other things that we’ve talked about already. Lighting and that sort of thing so I think we can work through that issue itself. Councilwoman Ernst: So Kate when you refer to the four outdoor seating areas, is that the patio area that you’re talking about? Kate Aanenson: This one, yeah. The outdoor patio, yeah. But if they were to sit outside and have a fire pit or music or something, some of the neighbors were concerned, and rightly so, that that’s not loud across the street and down the way. That we make sure that that’s addressed. Mayor Furlong: And if that happens, are there, where’s the ability to address it? 23 City Council Meeting - March 10, 2008 Kate Aanenson: Well they haven’t come in for that, we’ve got a site plan approved. I think what they’re going to have to demonstrate to us is who’s sitting out there. How they’re providing the noise attenuation so we’d make a condition, or modify that when it comes in, that they need, when they pull the building permit, show us how they’re going to provide for noise attenuation which is a requirement of our city code already. That they can’t violate that noise ordinance. We just want to make sure that they’re aware of that and the neighbors have raised that as an issue. I think it can be done through landscaping. Mayor Furlong: Okay. Kate Aanenson: So you know muffling that, and we make sure the lighting out there isn’t bright. That people sitting outside heavily lit, those sort of things. I think we can address it that way. Mayor Furlong: You think that can be done at the permitting process or? Kate Aanenson: Yeah, when they come in and show us exactly how they’re going to use it. Right now there’s not that dimension on that. You know we try to encourage some of those such as we’ve done on Axel’s, on Houlihan’s. They’ve outdoor seating. They don’t have loud speaker systems or a lot of noise out there. Houlihan’s has some music but it’s pretty low key, and there is residential right within that development itself too. So we don’t have too many complaints but there is single family residential within that and we just want to make sure the noise isn’t traveling, and that’s how we’ve addressed it through those kind of techniques. And maybe they have to put up some wing walls. When we see how the patio’s being used, then we’ll address it after that. Just so they’re aware of that condition that’s a concern. Mayor Furlong: And as long as we’re talking about that building, because we have a larger size than what we originally entailed. While there’s an anticipation at this point that it’s going to be a deli-liquor store, it could be another use in the future. Kate Aanenson: It could be. It could be. Mayor Furlong: So, I guess with regard to the issue of noise, that we were just addressing as well as the size, is there any concern that you have of the size of that for a use that would not necessarily meet with this neighborhood business? Kate Aanenson: That’s a great question. I think a lot of what’s going to drive it is they’re going to still have to meet the parking demands so if it came, a liquor store’s going to have a different retail. It’s going to be different than if it was a larger restaurant, something of that nature. They would still have to meet the parking demand and that’s where, they might not be able to accomplish that if some of the other uses went away. If something went away to accomplish providing that. Additional parking requirement. That’s what’s going to be the catch on that. Because it would require more parking if it went away from a store as opposed to some other type of use. Mayor Furlong: And is there, would there be a need to come back to the city if it was just a different use? 24 City Council Meeting - March 10, 2008 Kate Aanenson: Well if it’s in the PUD, if it met those criteria. But if there was a significant change, then we would certainly come back. Mayor Furlong: So if there was a request for a change in the PUD. Kate Aanenson: Yep. If it went to something very similar, then we probably wouldn’t but definitely if it went from something drastically different. Okay. I’m now on page 12 of the staff report. I mentioned a little big about lighting signage again. Originally at 30 foot, we did ask them to shoot some cross sections on both sides and we did ask that they reduce the lights down to 25 feet again. I’m not sure they’re looking in anybody’s window per se, but it’s just that glowing effect that we were trying to reduce. We talked about Kwik Trip already and we did agree to the 48 square feet on that one sign, with the 8 feet in height, and that would be this size sign. Again it would…just for identifying, up in this area, identifying the gas pricing. There’s also signs that are on the perimeter of the entire site. A sign here. Those are located at the entrances right here, right here. There’s a larger one here and then at this site too. Each individual lot by ordinance is allowed a monument sign, and those are the smaller ones. Individual identification signs. Certainly going in to the bank, they would have a sign identifying that, as with these individual lots. Also get a sign…the pylon sign. There are some additional architectural features, including fencing around again…for that residential across the way that will be in front of the park and ride. Reducing some of that so that looks very nice. And then parking. Meets all the standards of our parking requirements. I talked a little bit about the architecture. What I’d like to do now, I’m on page 18 of the staff report. The subdivision itself and what we’re doing there. We’re creating the lots. 5 lots and an outlot and again as I mentioned, each lot does allow a separate monument sign but this is how the extraction, the number of lots created generates the fees and the extractions and those are in the staff report. There was a change, which I did hand out to you, and that’s regarding storm water fees based on net developable acreage. And then there was one other minor change regarding location of the propane tanks and proximity to another power line so that was one minor change which I did give you in your staff report. So with that, I’m on page 18. I just want to again remind you of the amendments that you’ll be making the motions on. If you want to track that. Again the first PUD amendment would be the drive thru window. The second one would be increasing the size of any single tenant by up to, from 8,000 to 10,000. That’s actually on two buildings. Building G and Building 4C. And that could be all one office use on the second floor. That’s kind of what we were looking at there. If one office use wanted to go on that second floor, we would not be opposed to that. Accessory use to allow the car wash for the gas station. Mayor Furlong: So I’m sorry, if I could back up then. For Building G, did you show us which one that one is? Kate Aanenson: That’s this one. That was 8 and now we said no single use greater than 8. That would allow it to go to 10,000. Mayor Furlong: Right. Kate Aanenson: And they have one of those buildings 4C. 25 City Council Meeting - March 10, 2008 Mayor Furlong: 4C. Kate Aanenson: The whole second floor, if they had one single tenant office use across the whole top, we would not be opposed to that. Mayor Furlong: And this just speaks to, does this speak to the second floor only or? Kate Aanenson: No, it actually speaks to both floors. I stand corrected. Mayor Furlong: So you could have a single tenant across the entire building? Kate Aanenson: Correct. More than likely we don’t anticipate that but that’s how that reads, and if you wanted to clarify that. Only on the second floor, then that might be another amendment. Mayor Furlong: And what’s the size of that building? What’s the square footage? Kate Aanenson: 13 and 11 I believe. 13 on the first floor and 11 on the second. Mayor Furlong: So we could conceivably have a 13,000 square foot tenant on the first floor? Kate Aanenson: Correct. The one thing I did, okay let me finish the PUD. Okay, so we talked about the accessory for the car wash. And then the other one would be the setbacks. We’re doing similar to what we did. We’ve got a lot of green space here so we’re reducing the setback to make that more urban feel. We did it across the street. Put the row houses on the park and ride lot, and also the park and ride commercial on that side. Again we’ve got a large spans of 101 crossing and do have residential on both sides. We want to make it a comfortable walk across so you’re not going across this large sea, so we are recommending a setback, that does require a 50 foot so we are supporting that. That that is being reduced to 20 feet. So that’s just the setback to the property line. We still have a significant amount between the property line and to the right-of-way and so again trying to make that, not a insurmountable walk across, where it seems like you’re forever going across. We also have sidewalks on both sides. That issue was addressed. This sidewalk is showing actually 6 foot of trail actually on the other side of the street so it’s again a very pedestrian friendly because we do anticipate quite a bit of walking traffic in that area too. I still want to go back to accessory use for the car wash, gas station. We also talk about outdoor storage. Amended to allow for that. Signs, we talked about the signs. I don’t think I need to say anything else about that. We talked about the project having an identification sign…and wall signs which… No on the pylon signs. Talked about the illuminated signs. Lighting be reduced to 25 feet. We do have the Findings of Fact in there for the PUD. Again the variance would be, because this is a requirement of a PUD, the setbacks so that does require that is a PUD setback, a PUD standard. By city code that we are amending, so that does require a variance. The 50 down to the 20. So that’s the only variance. The findings are in the staff report. And then, last but not least, the subdivision itself. Again creating the 5 lots and the outlot for the stormwater pond and the wetland. And the street right-of-way. So with that, if you go to page, PUD itself and the recommended changes start on page 33. And also in there are the 26 City Council Meeting - March 10, 2008 motions and the page numbers they’re at, so there’s 4 motions. One for the PUD amendments. One for the variance. One for the subdivision. And one approving all the site plans. With that, I apologize for the length and the detail but I’d be happy to answer any questions that you have. Mayor Furlong: We might have one question or two. Who would like, any questions for staff? Councilman McDonald: I have a question. Mayor Furlong: Councilman McDonald, please. Councilman McDonald: I’m sorry for having to do this to you Kate but I do, you know I’ve got some background on this one too. I remember the meeting. One of the, you covered all the issues. The only question that I really have was again the entrance onto Lyman. I know that we had asked something there about the potential for a problem and a number of the residents had come in and they talked about trying to actually turn to the south onto their property off of Lyman, and we were wondering about the impact of this as you now have traffic coming out onto Lyman. Are we creating a problem, and I think we did discuss, because of the distance to the corner, we’re not going to be doing a stop light. It is controlled by the county and I’m just wondering what have you found out really since the Planning Commission as far as that. Kate Aanenson: Sure, I’ll let Paul address that. I’ll just say you know, we recognize over time that this, they may lose that as a full access. But we certainly want to work with these property owners to tie into that development, but I’ll let Paul comment. The City Engineer comment on that. Paul Oehme: Yeah, since the Planning Commission met…changed significantly. I mean that access might be restricted to right in only. So we’re, we’ll be monitoring in the future again but you know from the County’s perspective, I don’t think a signal is warranted at that location so in terms of the property owners that currently exist there, you know we’re trying to work with them as alternative access alignments for them too so we’ve talked to them in the past and we’ll try to continue to try to work with them on those type of issues. Kate Aanenson: I think the key is going to be when this property develops, is trying to work that driveway into the access to this parcel too so. And that project…something else coming forward in the future. Councilman McDonald: Okay. I just wanted to, because you hadn’t brought that up. Again as I said, you addressed all the issues that were brought up before and thank you for the resolution to all of that so, thank you. Mayor Furlong: Thank you. Any other questions at this time? Councilwoman Ernst: Just one question. Mayor Furlong: Please. 27 City Council Meeting - March 10, 2008 Councilwoman Ernst: Kate, you know on, I looked at this and I saw another bank building, and is it really going to be another bank? Kate Aanenson: It is. Councilwoman Ernst: Okay. Just had to ask that question because I know we have a lot of banks in this town and it’s another bank there so. Councilman Litsey: Becoming the Wall Street district. I had a quick question on, there is a wetlands there. Kate Aanenson: Yes. Councilman Litsey: And obviously concerned to protect that between this development and the Highway 212 corridor there. There was something about a retaining wall in there that had to be, that’s been. Kate Aanenson: Yeah, I can just show you real quick. One of the issues that was kind of a sticking point as we worked through the different designs, is this retaining wall right here. Originally I think they tried to get maintenance through 212. We weren’t happy about that so we did work through, they made some changes to the design to make sure that we can get access to the pond. I’ll see if Paul wants to. Paul Oehme: Yeah, I think the retaining wall that’s shown on this drawing too has been reduced significantly too so the easterly half of that wall, northeast portion I think is going to be eliminated. Final design. Councilman Litsey: So it’s consistent with the setback requirements and things too there? Kate Aanenson: Yes. Yes, so this will…sheets that you got also in your packet. Mayor Furlong: Couple questions in no particular order. The drive thru that’s over on the 101 side. The flow of traffic there will come from the north and, is that right or? Kate Aanenson: Yes, it’s coming this way. Mayor Furlong: Okay. And so what, since it’s coming out of the parking lot, I mean stacking isn’t an issue. What about views from 101 as people are passing on 101? Kate Aanenson: That, and I might not have done a complete justice to that, was the fence and, right here. There’s additional fencing. You can see some of it here but also goes along this stretch, and that is shown in this detail here. Mayor Furlong: So it was mentioned that it’s a wrought iron type fence. Kate Aanenson: Correct. 28 City Council Meeting - March 10, 2008 Mayor Furlong: Okay. Okay, so it’s open slates? Kate Aanenson: Yeah, but there’ll be landscaping there too and that will also divide that screening from the lights and some of that other noise attenuation and those sort of things from, so it’s not, when you drive by you’re not just looking at cars stacked up but you’ll see… Mayor Furlong: Okay, and so the landscaping there, what are you landscaping? Are you landscaping with like evergreen shrubs and so forth, so it’s opaque basically or are they over story trees so you’d be looking underneath it anyway or what do you have? Kate Aanenson: Correct. It’s consistent with the profile. Again this is illustrative so it’s not going to be the exact. So that’s the intent. To have some deciduous. Some evergreens. Different heights so you’re also providing something to shade some of the lighting, and then also the car lighting, so we’ll have a little of both, which is what’s shown on this plan itself. You can see the detail on the… Mayor Furlong: Okay, but in front of the drive thru itself, it’s going be the wrought iron so it’s going to be see through? Kate Aanenson: Right, yeah and we’ll make sure that there’s landscaping in front of that for that. We talked about. Mayor Furlong: Actually my question, I think my preference would be that you wouldn’t be able to see much in terms of the car lights coming across from a safety standpoint. Kate Aanenson: I understand what you’re saying. I think the landscaping, that sometimes when we have a solid, there’s some often, you know when you’re snow plowing and some of that sort of thing too, I want to make sure that that works. Mayor Furlong: And that’s fine but. Kate Aanenson: Yeah, so if I understand the goal is to screen it. Mayor Furlong: That’s just my preference in terms of cars stacking and such like that and to the extent it’s off to the side, it’s not going to effect the architecture as much. Kate Aanenson: Well, I’ll let the architect. Mayor Furlong: But they can work with you on that. Kate Aanenson: Yeah, I’d let the architect defer that but sometimes that can also be a visual kind of heavy barrier too to have that much kind of brick so I think we want to, right. Mayor Furlong: Yeah, and I’m not saying necessarily go with the brick but use landscaping but evergreens versus just overstory. 29 City Council Meeting - March 10, 2008 Kate Aanenson: Absolutely. A mix. Mayor Furlong: So you’re not seeing any, yep. Yep. The, on the signs. Can you show us where each of the, on the plans, where each of the signs are and what type of sign expecting to be there? Kate Aanenson: Monument signs? Mayor Furlong: Let’s start with those. Kate Aanenson: Okay. These are going to be the entrance signs. This one. Mayor Furlong: And that’s the entrance for the, that’s the big, wide entrance sign, correct? Kate Aanenson: Correct. Mayor Furlong: There’s one there and one at the corner? Kate Aanenson: It will also be this one here. This one we try to do all 4 corners so they’re similar. And then there’s one here and here. And those would be the lower, profile. That would be this sign. Mayor Furlong: Which would be, which ones are those? The little ones then. Kate Aanenson: That would be the one I just pointed to with the landscaping on the perimeter. Mayor Furlong: Okay. Okay. Kate Aanenson: The gas station wanted a taller one. Mayor Furlong: And that’s the, is that the. Kate Aanenson: 48 square feet. 8 feet high. Mayor Furlong: And that’s the second one on this sheet of signs that you just showed? …okay. Now how does that compare to the Kwik Trip one on Highway 5? Kate Aanenson: Same size. There was a lot of discussion that were they being treated the same. It was a different there based on the comparing the two lots. The location. That they could have had more so, that was again the PUD. Compromise that the council gave. Putting that PUD standard in. We took the more restrictive on the other ones. The 24 square feet on the other ones. Level of profile so that would be for the other lots. It’s for each individual lot… subdivision so obviously the bank will have one and other lots will each get one and that would be, because this is…so the bank would get one. There’d be one on, there’s just one lot for all of this. So there’d be one monument sign identifying all these. And then one separate one, this one 30 City Council Meeting - March 10, 2008 is also a separate lot as is this one, so there’d be separate monuments for that one. And that’s allowed by the current sign ordinance. Each. Mayor Furlong: That’s the public street that runs through there, correct? Kate Aanenson: Correct. Mayor Furlong: So it’s. Kate Aanenson: And if it’s a separate lot, you get a monument sign. Mayor Furlong: Okay. Kate Aanenson: In addition to that, every frontage, every street frontage is allowed a wall sign. So, and those are clearly identified on the plans that we showed you for the multi tenants and the like. That’s pretty much the sign band and maybe I didn’t make that clear, and I apologize, when we talked about the sign band itself. There was a question as far as the height and what that should be, and the recommendation was that it be just under the parapet. We recommended a certain height and I think we don’t want it to come back if it’s slightly over. I think the goal is to show where it is on the band, and that would be that stucco area. So that would be consistent. The only different again, it’d be on that south side of Lyman in that second story that they’re not be lit. Mayor Furlong: So if you go back to the site plan, is it the large lot there in the south? Kate Aanenson: This would be the street frontage. Mayor Furlong: Okay. Kate Aanenson: So you could have lights on the street frontage, street frontage, street frontage. Mayor Furlong: And then what would be interior to the. Kate Aanenson: This has one frontage on, so this would be on that frontage. And the bank would have this frontage. Mayor Furlong: And the three buildings under 4D, C and B, what are their signage on the interior side? Kate Aanenson: They’re allowed 2 front, 2 sign bands so they will also have a, it shows up on the, see 4C. This shows the different fascia’s so that would be consistent. That’s what is allowed by ordinance. And more than likely it’s not going to be that heavily. They showed how many options. I don’t think you’re going to have that many signage out of the visual cuing nightmare. Mayor Furlong: Do we have the Market Street, do we have signs up on the second story? 31 City Council Meeting - March 10, 2008 Kate Aanenson: Yeah, actually on that other plan it shows you. I think that one drawing. If you look at this one, it’d be similar kind of banding and it would be along the back side. Mayor Furlong: Okay. But we don’t, but they’re all at that same level? Kate Aanenson: Well there’s some on the back side that are taller. There are some on the second floor. I’m not sure…but some of the office buildings. Cindy McDonald: It’s Spalon Montage and Americana. Mayor Furlong: And that was, I know those were both special ones that we addressed. Kate Aanenson: Right. Mayor Furlong: But that wasn’t part of the original. Kate Aanenson: Right, anticipating what’s going to happen on this site, we tried to address that. Make that amendment up front so they’ve got that option. So it also affects, of course any tenant wants to know when they’re going in there, do I, can I have a sign? Can people identify? Do they know where to park? What building I’m in so, anticipating what will happen on the other one, we tried to build the ordinance for that. Mayor Furlong: Okay. Kate Aanenson: It’d be similar to this. Mayor Furlong: Okay. And then in terms of the architecture, I guess looking at the different architecture styles along the different buildings. The one that jumped out at me that doesn’t seem to be at the same level is the gas station, convenience store and the car wash. In terms of the articulation. In terms of the differences in colors. The one that we’re seeing on the screen right here. Just lay the gas station over that. It seems significantly less I guess. Kate Aanenson: I think, again from where it came in originally and Sharmeen working, Sharmeen Al-Jaff on our staff working with the applicant, we really tried to make that more cohesive as far as using the brick and the similar colors. But it is two different architects. So we did our best to try to blend this. The other project is all being managed by one developer so you get a little bit different feel. This is a different owner. Different builder on this one so we tried our best to try to match. You’ve got that…block on the bottom and the brick, but it is a little bit different style. But from where we started. Mayor Furlong: I’ve got no doubt that you’ve made progress. I’ve got no doubt. Kate Aanenson: We’re very happy with where it ended up. It’s a lot different than what they have on Highway 5. 32 City Council Meeting - March 10, 2008 Mayor Furlong: I’m trying to see if we’ve gotten it far enough, yeah. Kate Aanenson: It does meet you know, it is a PUD. The one, you know we talked about some of the things we got with the PUD. We think we’ve gotten a really good, high quality architecture on this project itself. That’s one thing I think that, a lot of developers don’t care to go through the PUD because of some of the onerous regulations, but I think in this circumstance we did get a really high quality design. And I don’t think Kwik Trip’s got another one like this right in this area that’s going to look like this. Mayor Furlong: Well and maybe I can talk to the applicant about that or they can address that, because I, this one seemed to stand out from the other ones in terms of the look and the feel. Okay. Any other questions at this time? For staff. I’m sorry, did you have one? Councilwoman Ernst: Yeah. Kate when you refer to the access drive being 26 feet wide for that public street, it’s actually connecting to the public street. Sorry. Kate Aanenson: This one? Councilwoman Ernst: Yeah. So, you’re saying that the. Kate Aanenson: It’s this one here. It’s this first drive. It’s addressed in that first page, yeah. Councilwoman Ernst: Oh, okay. Kate Aanenson: Yeah, I think there was concern about that. That drive itself. That’s on page 2 of the cover memo. That’s this access point right here. Councilwoman Ernst: So you said that the, that the access drive connecting to the public street must be modified. So what is it? Kate Aanenson: I can check but I believe that has been modified. What page are you, or what condition number are you on? Councilwoman Ernst: 33. Kate Aanenson: I think that was the one that we modified. Yeah, originally we had modified to 26 feet, is that what we’re talking about? Paul Oehme: Yeah. Kate Aanenson: We’ve acquiesced and made it wider. Left it wider, which our city code does allow to, and that’s, so we don’t have back up. So we’re getting people in and out of this main point. 33 City Council Meeting - March 10, 2008 Paul Oehme: That was one of the main issues surrounding the traffic flow in this area is that one access point so we went back and forth several times on the location of that. How that, how wide it should be at the sight distances. So this is what we have come up with. Mayor Furlong: And is your question where is it and? Councilwoman Ernst: Well where is it number one, and number two. Kate Aanenson: It’s this access point. Councilwoman Ernst: Okay. Kate Aanenson: The main access coming into the Kwik Trip site. Councilwoman Ernst: And so you’re saying that the maximum width is 26 feet. Acceptable is 26 feet, right? Paul Oehme: Right. Councilwoman Ernst: And so how wide is it? Is that access? Kate Aanenson: We modified that. That got struck. Mike Korsh: …was 30 and the other was at 36 and the other’s at 32. Kate Aanenson: Yeah, but we also, that was one of the modifications. We did strike that condition. That was the modifications that were to allow that to be wider. That condition was struck and that’s condition number 24. Page 45 of 51. Councilwoman Ernst: Okay. Okay, because I, as I was looking at it on 33, it looked like it was still a valid piece of it. So we’re saying that’s out? Kate Aanenson: Correct. It’s out. That’s probably where the most turn movements are going to come in right off there, cutting through the gas station so we left it wider. Councilwoman Ernst: Okay. Mayor Furlong: Okay for now? Councilwoman Ernst: Thank you. Mayor Furlong: Okay. The applicant’s here. Thank you. We may have some other follow up questions. I know they’re here. If you’d like to come forward. Mike Korsh: Mr. Mayor, members of the council. My name is Mike Korsh with Kraus Anderson Realty. Appreciate your time tonight. We worked long and hard with the 34 City Council Meeting - March 10, 2008 neighborhood and the staff who did a great job sort of putting all these moving parts together. We are, sounds like you have a couple of questions. I’m here with Kathy Anderson, the architect and Dan Parks with Westwood. I think also San Van Tassel with Kwik Trip. I think we can answer any questions that you have. Mayor Furlong: Okay. Any questions for the architect or for the applicant? Councilman McDonald: I have none. Councilman Litsey: No, not at this time. Mayor Furlong: I guess one I’d like to talk about would be the architecture. I brought it up about the convenience store and especially relative to the rest of the development. Mike Korsh: The Kwik Trip? Mayor Furlong: Yes. Mike Korsh: Yeah, I think that they’re the same materials. Mayor Furlong: You’ve got those pictures there still? Mike Korsh: The architect’s worked together and again maybe Kathy can explain this a little bit. Kathy Anderson: I think we’ve done a great job as far as tying it together. I think the difference is you’ve got two different renderers so you’ve got from my firm all the other buildings. However, the Kwik Trip is going to have the exact same brick materials on the material board. Exact same block materials. Also we were real careful, we have some sloped roof elements on the 10,000 square foot liquor-deli building and also the shingles will be exactly the same so I think you’re going to see it tying in very well. I just think in these two renditions, this is a larger scale than the other buildings. Little tiny elements even such as the arched form over the entry, and we’ve got arched forms repeating throughout the rest of the buildings, and the banding and certainly the proportions of the building. Councilman McDonald: Could I ask a question? The conflict you’re having there, is it partly because, again at the north end is where the single story buildings are at, and when you get to the south is where the two stories and there’s a difference. Is that part of what it is that? Mayor Furlong: Well it’s that and maybe it’s the renderings but it’s the use of different features. Do you have a picture of the other buildings that you can lay up there. And maybe it’s the colors but there’s more contrast. The style of those, especially at the roof line. The Kwik Trip at the roof line simply has the one peak, where these have the more column like look to them. Kathy Anderson: Right. As you can see. Mayor Furlong: And Haskell’s you did a peak there but it’s a different style. You know. 35 City Council Meeting - March 10, 2008 Kathy Anderson: But we do repeat the sloped, small roof elements exactly like the Kwik Trip. I think that will tie it in well, and then I think these arched forms that repeat throughout on the first level is very similar proportions and we want to make sure their entry carries that arch form in. You can see the same banding and soldier coursing. The same brick, block based proportions. I just think it’s in rendering, there’s two different color tones but again, we’re being exact as far as the same specifications of materials. Mayor Furlong: Exactly same materials? Exact same colors? Exact same? Kathy Anderson: Yep. Everything building in this development. Mayor Furlong: Okay. Kathy Anderson: Also I think differently too when you get to the retail buildings, there’s large store front sizes of windows which makes it different. When you get to the bank and the Kwik Trip, the smaller windows are going to repeat. Mayor Furlong: Yeah. Why don’t you put the Kwik Trip back up. Okay. In terms of the windows running across that, obviously, if I’m correct, the side to the left of the screen would run along 101, is that correct? Kathy Anderson: Yes. Mayor Furlong: And one of the things that, and you obviously asked them a question about the drive thru. You know as much, this is, given it’s location as well as the traffic that goes along 101, having a good solid, you know above average. You know we’re not from Lake Wobegon where everybody’s above average but looking for always to have a very nice look along our roads and so it seems that this building, and particularly in the car wash, the back of the car wash was the other one. You’ve got that right there. It looked, and I’m reacting. I’m not an architect so all I’m doing is reacting. Looked very boxy. And again here especially, this was probably the one that caught my eye first and then when I looked back I noticed the difference with the Kwik Trip and the style and the look relative to the rest of the development. Kathy Anderson: Well a little background on where we came up with the style in general is, we thought it was very important to tie into the transit urban character of the transit development, and that was not the sloped roofs and such. However I do think bringing in a few, in some of these areas, the slight amount of the shingles is a good kind of tie in. Little bit moving away from the urban, as you transition to residential. So it is a boxy style but that is that urban character and I think it is going to really play off well with your other development. Mayor Furlong: And maybe the difference is here, and again just reacting, and maybe it’s just the rendering but this building, I know it’s a small building. It’s an accessory building but even the convenient store, doesn’t have that same vertical look to it that the other buildings do. In terms of the lighter colors. 36 City Council Meeting - March 10, 2008 Kathy Anderson: Yep, it does have on the street side you know that bump out, which is a similar proportion. Mayor Furlong: And so you’re saying that look would be identical to the look of the other buildings? With the pop out’s there too. Kathy Anderson: Similar to, where’s the smallest? Kate Aanenson: Yeah, the bank is the smallest. Kathy Anderson: Or that little free standing. Here. I think when you look at the styles of those again some of the proportions are repeating. That is a form that sticks out, protrudes from the building. Again the same base. Mayor Furlong: Okay. In terms of the signage, there was a request for a pylon sign that staff is not recommending. Maybe you could address that. Kathy Anderson: Where is that 3D rendering? Mike Korsh: We spent a lot of time talking about the pylon sign on the highway. We feel it’s very important and relevant. Very important to the potential tenants in the development. We understand that the idea is to do a more global corridor study, and to determine what pylon sign is appropriate and we’re fine with that. We’d love to be involved and put our two cents in from an owner’s or developer’s perspective. But again we want to make sure that we let you know that we feel that it’s very important and will be for the development in the future. Kathy Anderson: We thought it was very important too that it wasn’t you know, when you think of pylon you think of something on some poles that are shooting up in the air and I think this rendering shows it well that it’s much in scale with the buildings. It’s much in scale with the architecture. Again the same repeated forms of the arch and the brick. But also we had discussions about not needing the monument sign per lot. It’s more important that we get for these tenants, well each one is going to ask first thing is, will we have any exposure from the freeway. And it’s very important for leasing. But once you get internal to the site, it’s not, all those little monument signs I don’t think are as necessary as something like this. Mayor Furlong: Okay, thank you. Councilman McDonald: If I could, you know when we discussed this, I was in favor of the monument sign but again I thought something was brought up about consistency. The other thing that I think also needs to be brought out in this, that we went through this in great detail. This really is not going to be a neighborhood draw. This is really a regional draw. One of the things that really came to pass in all of this is that you can get onto 312 down around 41 and you’re going to have to drive way past Eden Prairie before there’s any kind of convenience stores. So one of the big draws to this is going to be off of 312 as people commute back and forth. That’s why yeah, the pylon sign will probably help those businesses to attract people in there. And we all felt that this needs to be successful and that 312 helps to go toward that. The 37 City Council Meeting - March 10, 2008 pylon sign is probably part of it but yet the same time we as a city should look at what are we going to do from a consistency standpoint because this probably is not going to be the only development along 312 and we do need time to kind of look at what is our approach but. I do understand what the applicant is saying. I am in favor of something there but I’m also in favor of it needs to be consistent within city rules. Kate Aanenson: Mayor, if I may add too. Mayor Furlong: Please. Kate Aanenson: You know the underlying zoning district is neighborhood commercial, which doesn’t allow pylon signs. Herein lies the problem. Clearly the developer stated that you know, this is going to be a bigger draw. Okay. Well now is everybody going to make that same point along this corridor. What does that mean? So I think we need to step back and look at the implications. Do we want pylon signs up and down the new corridor and on 101 and we just want to understand that, just as the commissioner, former commissioner said. You know there was a lot of discussion on that so you know it’s a big issue. We’ve taken a pretty strong stance on signs in the community so we’ll look at it carefully. Mayor Furlong: And I would agree with the comments made. I appreciate your willingness to support staff on this and be involved in the process because I think, this is the first one but there will be more and we want to make sure we do it right for that sense. I mean this is, the zoning is neighborhood commercial. Neighborhood business and because of that, you know the types of businesses are not just wide open and while there will be draw from, clearly from 312, I think there’s benefit to our residents who live south of Highway 5 for this development as well so. Points well made. Any other questions for the applicant at this point? Okay, very good. Thank you. Any follow up questions for staff? Thoughts and comments. Mr. McDonald, would you like to start? Councilman McDonald: Thank you Mr. Mayor. Again I think that this is a very well thought out development. I really applaud the staff for the work that they put into it. I understand more your concern about the consistency, and I guess maybe if you want to, that’s something that we could look at, but I’m not sure how far we can go with it. I was okay with the materials. There is consistency there. It’s not going to be as though the gas station was added on after the fact by somebody totally different, so I think there is some tie in there to make it consistent, which is important. The other thing, as I said, as we begin to go through this, it kind of became clear to us that the potential here is that we end up with a regional draw. It does benefit the people around the neighborhood. It provides them with again a grocery store south of 5. It provides them with some of the other amenities. The coffee shops. We don’t know what other kind of retail business will go in there, and I think Vicki, one of the things you brought up about another bank. You know I thought I’d seen all the banks in the world come through here but evidently there’s not enough and as long as people are willing to bank, there will be another bank. So it provides a lot of things but it kind of became clear to us that this is maybe a little bit more than just a typical neighborhood development and it’s all because of 312. Again that’s why when Kate brought up this thing about the pylons, I agree with that. That it does need to be consistent and we do need to talk about it. As far as the variances and everything, we did cover those and I think one of the 38 City Council Meeting - March 10, 2008 things that you know we’re in favor of there is that on that stretch of 101, and once the eastern side would hopefully be developed, it provides more of a calming effect for that road because it does give it more of a, I think a downtown feel. That should help us you know keep people from speeding up and down through there so that was another reason why I think that that variance is a very good idea in this particular case. And I think other than that we’ve, you know gone through every building. Looked at every use. I still would support staff as far as the overall plan and again I would just reiterate that I thought they did an excellent job so that’s all my comments. Mayor Furlong: Great, thank you. Councilwoman Ernst. Councilwoman Ernst: Well it’s very obvious that you’ve done a good job of working with staff and trying to meet the standards of what the city has in place today with the existing structures. I do have some of the same concerns that the mayor expressed with some of those single buildings as in the car wash. Just to make sure that we are being consistent as far as roof lines go, and the architecture in general of the buildings. I think that they’re beautiful buildings. The material seems to be very consistent and I mean I would support moving forward with the site plan. Mayor Furlong: Okay. Thank you. Councilman Litsey. Councilman Litsey: I think everyone’s expressed it real well already. I don’t really have a whole lot more to add. I think there’s still a little work to be done obviously. This is, we’re making progress but I think it’s, I commend staff too and the developers for working hard to get it where it’s at. I think in the end it’s going to be a really nice addition. Something that’s needed in that area of the city and will tie in well with the new 212 corridor so. Share the same concerns. I think we can deal with those and I think the project will be an asset to the city. Mayor Furlong: Okay, thank you. I’m still a little concerned about the architecture on the convenience store, and especially on the car wash just because of their proximity and location. I’m wondering if it makes sense to take some time and see what can be done there. You know I think I’m comfortable with the diligence that’s taken place with the applicant and the staff, especially with regard to lighting. That’s always an issue. We’ve seen other situations where especially the down lighting underneath the canopy is a spot light for the surrounding properties and that’s obviously something we’re not going to do here and I like that. I’m glad that we looked at limiting the height of the poles in the parking area. I’m comfortable with the variance. Absolutely. I mean that is, especially given the distance between the curb and the property line. Add to that, I think that will create a good feel and is very appropriate for the area. I’m okay with the single tenant in the one building. I think that was, is it G that is the liquor store deli? Kate Aanenson: That is correct. I’ve got concerns about 4C with the two story, potential single tenant taking up 24,000 square feet as I see that. And the, or a single tenant even on the first floor of 13,000 square feet. I’ve got concerns. I think that misses what the objective of this zoning is, which is neighbor convenience. The biggest concern that I hear from residents, I know as a council and planning commission, staff, we’ve discussed this, is as 312 develops, creating competition for downtown or replicating, moving downtown out along the corridor and that is not something we want to do and that was one of the reasons when we first went through this concept plan, as I recall, that we started at the 8,000 square foot single user. I’m comfortable 39 City Council Meeting - March 10, 2008 going to the 10,000 here because we have an idea of what’s coming there. But now basically what we’re looking at is potentially a 13,000 square foot retail space, which is even 30% more than the 10 and almost 1 ½ times the 8 that we started with, plus the 11 on top. The 11 on top from an office user, that doesn’t concern me so much. Kate Aanenson: Sure. Maybe. Mayor Furlong: But I, the 13 on the bottom, or the potential that that entire building could be a single user in an area that could be retail or commercial. I think that’s different than what we were looking for. Kate Aanenson: Sure, and maybe it’s worded awkwardly, but on 36 where we described the permitted uses in the district. Under the bullet points of neighborhood scale commercial. Mayor Furlong: Which bullet point? Kate Aanenson: It’s under permitted uses. Mayor Furlong: Neighborhood scale commercial… Kate Aanenson: Correct, this is the intent of the PUD, and then specifically call permitted uses. This kind of goes back to your question on you know if this came in and became something else, for example a pharmaceutical type use. That’s not you know, if it needed more parking that would drive it but a grocery store’s not permitted in here and some of those things so if you have to go through the permitted use. Something that would be completely different. But the square footage, where we attempted to adopt that, we said neighborhood scale commercial. Up to 8,000 square feet per tenant, with the exception of 4C. A tenant may. Mayor Furlong: And that’s, 4C is the two story building? Kate Aanenson: Yep, I just want to clarify where we’re struggling here. A tenant may occupy up to 10,000 square feet of said, a building. No individual service components of a retail may occupy more than 8,000 square feet. So maybe I read it awkwardly before. And then the liquor store may not, so they could go up to 10,000 but not more than 60% of that could be the liquor portion. Mayor Furlong: And maybe we need to clean that up to be very clear. Kate Aanenson: That’s what I’m saying, I think it’s a little awkward. Mayor Furlong: Because I wouldn’t want to go forward with somebody being able to say, well 4C’s excluded. Kate Aanenson: Maybe we just need to break it out separately. 40 City Council Meeting - March 10, 2008 Mayor Furlong: I’d rather make sure on that. And again my thought is, and I’d be happy to listen to the rest of the council, clearly, but the intention here of this development all along was to provide that neighborhood convenience and neighborhood commercial. The convenience store clearly provides that. It’s not a full grocery store but it’s a convenience store, and that’s what we’re looking for. That’s a type of need that clearly will work in this area and it is a need that our residents, especially south of 5, have expressed time and again that is lacking. But maybe we need to re-word this because, and if others disagree with my thoughts, that’s fine but my thought is simply that continuing to expand the allowable uses, or not being clear that it’s, is it your intention Kate that it’s up to 10,000 for any single user throughout the entire development? Kate Aanenson: No. No. It’s up to 8,000 with the two exceptions. There’s only two exceptions. 4G, which is the liquor store and that could have 60% liquor related, and 4C which allows any tenant to occupy up to 10,000. And let me clarify with the applicant but I believe the first floor of 4C is 13,000 square feet. Mike Korsh: Correct. Kate Aanenson: And then the second floor, so it wouldn’t take up the whole first floor of 13. That tenant could be one single tenant. And the second floor is 11,000 square feet? Mike Korsh: Well I think it’s actually larger than that. Kate Aanenson: It is, and I don’t remember that number so just to be clear, in that circumstance, they still could not occupy more than 10,000 square feet. Any single user so they wouldn’t take up the entire building. Nor could they take up more than one floor as a single. So you could have two users at 10,000 on the first floor, one on the second floor, and then there will be some additional space on both floors for another user. Mayor Furlong: And what’s the footprint of 4C? 13? Mike Korsh: 15. Mayor Furlong: 15. Kate Aanenson: Per floor. Mike Korsh: Well, 13 square feet. 13,000 on the first floor. 15 on the second because there’s a lobby down on the first floor so that’s the difference. The intent is really just to provide some flexibility. We would not expect a full floor user. Mayor Furlong: Thank you. Mike Korsh: That building is laid out. 41 City Council Meeting - March 10, 2008 Mayor Furlong: I could hear you fine. It’s just the people at home that had no clue what we were doing. Mike Korsh: That building’s really laid out for smaller, individual tenants. It’s 60 feet deep and the floor plan will probably show 12,000 foot tenants. That’s the type of user that we expect. On the second is where it becomes a little more problematic to have really very small tenants or restrictions so you know we would expect that it’s possible for an office user to be larger, and so flexibility is really what we’re. Councilman Litsey: So basically what you’re allowing is an additional 2,000 square feet. That flexibility within those buildings. Kate Aanenson: Correct. Because if the first floor is 15, it still can only be 10,000 of one single user. Councilman Litsey: Right. Kate Aanenson: But a lot of that flexibility, if there’s an office user that wanted to take up, on that second floor, up to 10,000, we feel comfortable with that. And that’s more than likely where the most single tenant can go. Although if you look at the Edina Realty building, it’s kind of why it has three uses, it’s really one use. You’ve got something like the mortgage business, the realty business and the title company, so you actually have 3 under 1 and we get into a lot of discussions how we split it but it’s really kind of one business. So it’d be a similar circumstance here where you’ve kind of got that much square footage and so, based on our experience in the past, we thought that that seemed to make some sense. To build in that flexibility now so they can lease it and not have to come back and get a separate interpretation because it’s not the entire square footage, and I want to be clear on that… Mayor Furlong: Okay. And that does change what I understood earlier. Kate Aanenson: Okay. Mayor Furlong: That it would be not only the entire square footage but also the entire building. And maybe if there’s some clarifying language here, because as I read this, not even 4G is allowed to be above 8,000, and we know that that’s going to be a single. Councilman McDonald: Well actually Mr. Mayor on 4G, we went through this. Because of the nature of what that is, that building will have to be divided if they’re going to sell liquor on one side and food on the other so they don’t, it may be one business but they don’t get 10,000 square feet to sell alcohol. Mayor Furlong: Well, I think they could if they changed their use in the future, or if another tenant came in there. Kate Aanenson: Yeah, the state law requires that it has to be barricaded… 42 City Council Meeting - March 10, 2008 Mayor Furlong: If you have two different businesses. I understand that. I was just saying that as I read this here, it looks like only 4C allows that single tenant. Kate Aanenson: It’s worded awkwardly. Mayor Furlong: Okay. Roger Knutson: Mayor, can I suggest some language? No tenant in any building may occupy more than 8,000 square feet, except in Buildings 4C and 4G. In Buildings 4C and 4G a tenant may occupy no more than 10,000 square feet. Kate Aanenson: Correct. That’s correct. Todd Gerhardt: That may allow 4G to have a 10,000 square foot liquor store. Kate Aanenson: Right. Todd Gerhardt: Unless you have the language in there that a liquor store may not exceed more than 60% of the. Roger Knutson: Or we can say a liquor store may not exceed 6,000 square feet. Mayor Furlong: Well and, I guess the question I would have back then is, and maybe this is something to look at is, what’s a reasonable expectation for a liquor store? Is 10,000 too much or 6,000 too little or, you know I don’t know if this is what we want to do right here tonight. Councilman McDonald: Could we just keep the last sentence in there about. Kate Aanenson: 60%. Councilman McDonald: If there is a liquor store, you can occupy no more than 60% of the total building. Kate Aanenson: Can we leave that in? Todd Gerhardt: That’s 6,000. Councilman Litsey: Still it comes out the same. 6,000. 60%. Todd Gerhardt: Of G. Mayor Furlong: Is that okay? Todd Gerhardt: G’s 10,000. 60% of that is 6,000. I think they’re proposing 8. 43 City Council Meeting - March 10, 2008 Mayor Furlong: So we’ll keep the last sentence in there. And keep the sentence, no individual service component, do we want to keep that in there as well? So then I guess the real question is whether we want to take another look or see what can be done on the convenience store building and the car wash. And I guess is that something that could be done to try to get a sense there of what more could be done? Mike Korsh: Yeah, do we want to talk at all about what we’ve done so far and? Councilman Litsey: You know you had talked about a rendition too and that not doing justice. Is there a way to provide one? Mayor Furlong: Especially, and again my concern is simply the views from the street and the. Kate Aanenson: The material board has, you’re approving this material board so this would be the same materials in both buildings. So just to be clear on that. I’m not sure that that was expressed. Councilman McDonald: Well I think what the issue is, it’s not so much the materials. I mean I see what you’re talking about. It’s the shape of the buildings and the fact that okay, you’re main buildings that you get back in there, yeah the columns are very prominent architectural features so, over space it shows up. The convenience store doesn’t have that space so now what happens is when you put those in they tend to get lost. And I think all we’re saying is, is that it looks different. It’s not the same blending as your other buildings in there. Am I getting that correct? Mayor Furlong: You are and because of that I hate to use flavors but it looks more bland. It doesn’t have the same high style that the rest of the development does and that’s, and again I’m reacting. I’m not an architect so I can’t suggest changes and I wouldn’t presume to do so. Sam Van Tassel: My name is Sam Van Tassel. I’m with Kwik Trip and I’m not an architect either, obviously. But our architect didn’t like the lines of these buildings, these other buildings on our smaller building. He thought they’d be out of text. Out of proportion with the buildings that Kathy designed. So now you’ve got you know the beauty’s in the eye of the beholder and we thought that we have a beautiful building here with the archways. With the corbelling. With the pop out of the building so it’s not just one box. We can look at some other things. I’m just looking here what you’re referring to may be these elements on the buildings so maybe the roof line of the car wash is not flat. You’re looking more to relief of a parapet on top possibly. Councilman McDonald: Right. It comes down to a smaller scale of these being duplicated within the car wash and the Kwik Trip itself. Mayor Furlong: And that might do, you know that might do it. Repeating the ends there. You still have, I’m just. Sam Van Tassel: And we can certainly look at that. Mayor Furlong: I’m reacting I guess. I’m trying to. 44 City Council Meeting - March 10, 2008 Sam Van Tassel: Understand. We tried not to mimic the other, intentionally. We tried not to mimic the other building because we want to make it Kwik Trip. Todd Gerhardt: And that’s, Mayor if I could. Sam Van Tassel: We wanted to compliment the other buildings and not mimic it. Now one thing about architecture, the other building we built in town, that was our standard architecture for 10 years. Everybody knows that’s a Kwik Trip. Just look at it. We’re giving that up here, and we’re willing to do that. But we wanted to have an attractant that we thought would be more unique to us and not blend in necessarily, if that’s the right way to put it. Todd Gerhardt: And I think you just hit on what the Mayor was saying. Is that when you look at the rest of the development, it looks like, you know I don’t want to call it a corporate campus but it all blends together. Architecturally it all looks the same, and then when you put up the rendering of the Kwik Trip, it’s distinctly different than the rest of it, and that was kind of his question. Is that your goal here to make the Kwik Trip look different than the rest of the development, because I think in the council’s mind, they’re looking at this as one development and that it all look the same. When you look at the bank, you look at the Rapid Oil, you look at the liquor store and the rest of it, it all blends together as the same architectural style. And then Kwik Trip stands there alone. It looks a little different than the rest of it. And I think that was your intent. You tried to keep the Kwik Trip design. Sam Van Tassel: Well, no. This is rather different for Kwik Trip. We first came with a pitched roof, and that’s what Kate was referring to. We came, our standard pitched roof and that got a quick response that that doesn’t fit in, and Kathy said the same thing. Doesn’t fit in with the rest of the development. So okay, let’s take the same materials. Try to make them different from the other buildings, so we didn’t want to homogenize it. That’s another word. We didn’t want to make it look homogenize. The whole thing is the same. I think when people look at this building, will not say oh, that’s a Kwik Trip because it’s different from any other store we have ever built. This will be an it. There’ll be no other store like this one. So that’s maybe good, but maybe not far enough from what, you maybe wants to tie in some more elements from the other buildings to make it look a little more like the other buildings but still maybe keep some differences. Todd Gerhardt: And I think that’s a philosophical discussion that the council has to have is, do they want Kwik Trip as a part of this to look different than the rest of it. And I know you have a branding. I know this is a little different but you’re still trying to get you know that Kwik Trip image with the building. Councilman McDonald: Yeah, I think one of the things that you know this kind of becomes a little, mini community and one of the things that we’re looking at here is that, it’s easily identifiable. You know it’s a community and I think one of the things that I tried to do also for you is, you’ve got a bigger sign. You know that’s in recognition of the fact that because of the type of business it is, you probably do need something more but by the same token, it should fit in with the area, you know the way that it’s being developed and I guess we would like to see it 45 City Council Meeting - March 10, 2008 so that it looks like it was built at the same time and you don’t have these add on’s with, you know every style being different. Sam Van Tassel: I understand, and I appreciate the comment on the sign because we are two distinct businesses. And the inside sales are food sales. We project another 2 or 3 years the profit dollars from food sales will be greater than they are on fuel sales, and that’s how much our business is changing. And that’s why this building is a 1,200 feet bigger than the other building we just built only 6 years ago. Mayor Furlong: And I will comment, and I don’t think I made a comment about the sign but I’m glad that we did that adjustment and made it bigger. Made it similar, especially with the location and the distance back from the curb. That was the right thing to do. So don’t take the fact that I didn’t comment on it. Sam Van Tassel: No, I understand. Mayor Furlong: I think we offered as a good…so is it something that, right exactly. And I think that will look good, and that will help with that identification. Sam Van Tassel: We have to educate the public and that’s our charge really. When we were at the neighborhood meeting there’s two gentlemen from Wisconsin. Grew up and raised in Wisconsin. I said you know about milk in the bag don’t you? Oh, we love milk in the bag. I told other people and what is milk in a bag? Well that’s our challenge. We’ve got to get the message out there. We want to develop a loyalty to come to our store, not just as a gas station. It’s there. It’s a Kwik Trip and we offer things that other people don’t. So that was really the thrust… Mayor Furlong: Well I guess if it is something that can be accomplished relatively quickly to see if we can capture in a couple more elements and still try to accomplish what you’re doing, which is keep some uniqueness and some identity. Sam Van Tassel: Would you like us to try to put something together and bring it back to your next meeting on the architectural elements? Mayor Furlong: I would hope that it’d be quick because I don’t think it would take a lot. Todd Gerhardt: You can bring this one back with the final plat. This is a subdivision so we can incorporate it with the final plat. Mayor Furlong: Isn’t it a site plan approval as well? Todd Gerhardt: Yep. Well, this is site plan approval tonight but the final plat needs to come back for council approval. Mayor Furlong: No, is it? Because this would be more of a site plan issue, wouldn’t it? Than a plat issue. 46 City Council Meeting - March 10, 2008 Todd Gerhardt: But we could bring it back together as two items. Roger Knutson: You can bring back the site plan for this, for the Kwik Trip along with the final plat. Mike Korsh: No, no, no, no. Hang on a second. Kate Aanenson: Yeah, he’s got a deadline he’s trying to meet. th Mayor Furlong: Right, right. Right. I mean the deadline I saw here was the 18 of March that we have to decide something so. Kate Aanenson: Correct. Mayor Furlong: I’m hoping that this could be something that maybe at our next meeting even we could take a look at it. If it’s something that can be done that quickly, I don’t know. I don’t want to. Kate Aanenson: Is that something you want to direct staff to work through. Or do you want to see those changes? Mayor Furlong: I guess I’d like to see it if we could. Todd Gerhardt: I don’t know why you couldn’t do it with the final plat. You can’t do it with final plat? Mayor Furlong: Is that possible to do that? I mean I appreciate your schedule and we’re trying to keep you on it but. Mike Korsh: Sure. Mayor Furlong: Is that, is that time frame doable for you or? Mike Korsh: Yeah. Kate Aanenson: This is the one project that’s a go, is this. This is what’s driving the whole thing is to get… Mike Korsh: I’m not sure I understand if that’s going to slow us down at all for, I don’t know if I know the word. Final plat. Kate Aanenson: I think it may. Mike Korsh: To get final plat so. 47 City Council Meeting - March 10, 2008 Kate Aanenson: Yeah, they’re trying to turn it around to get the final plat done too so it’s kind of pushing everything else. Mike Korsh: Can we work with staff to try to. Kate Aanenson: That was my original question but they would like to see it. That’s what I heard so. Mike Korsh: I guess my comment is, is that both Kathy and Sam’s architect worked with the same materials to ensure that what you’re saying has been met, and I know that they look a little bit different, and we probably had an equal amount of comments saying, why don’t you make these buildings more different instead of, as opposed to more similar and we’ve sort of been working through all those issues and people, you know some have kind of, the staff and everyone else is talking about this because we spent a lot of time on this building trying to do exactly what you’re saying. And there’s been a lot of different renditions and this is sort of what we came up with as a compromise by everybody again. It’s a Kwik Trip that’s never been built before and that was done solely to accommodate the city’s and the neighborhood’s wishes for a certain type of building and that’s what we’ve, according to several architects and I guess some of the people feel that we’ve sort of met that criteria already. Mayor Furlong: Understand and I guess you know my only thought is, and maybe it is something if they’re willing to work and take a look at it, you know and if the council’s comfortable with, that the staff has an understanding where we’re going to try to keep this moving, I can do that but I think we’d like to see some other things here so. Whether the entire council wants to see it or whether they’re comfortable working with staff on this. Kate Aanenson: Can I just get a clarification on the. Mayor Furlong: We can move forward. thth Kate Aanenson: Because we have the 18. I believe your next meeting is the 24 so we’d have to, I’m just looking at the applicant. Mayor Furlong: We’d need an extension. Kate Aanenson: Yeah. Mayor Furlong: Yep. And please so you understand too. This is a pretty big project. A lot of work has gone into this. We’re very appreciative of all the work. We’re down to one or two issues out of all the issues that you’ve been working on. It’s also the first time that we’ve seen it and so we’re trying to work through it. Because so much good work has taken place before, we’re only dealing with this one or two issues so. And if. Kathy Anderson: I guess I was curious, you know if we could keep on the same schedule. I think I certainly hear what you’re saying. That there are some details and elements that would 48 City Council Meeting - March 10, 2008 make the Kwik Trip fit in closer, and I think we can do that. But couldn’t we stay on the same schedule and work through with Kate and Sharmeen and. Mayor Furlong: And can we do that, I don’t know if, is this the bottle neck to the schedule time line or are there other things that we can move forward and hold this for a couple more weeks or 4 weeks. Todd Gerhardt: I still don’t understand Mayor why this couldn’t be done with the final plat. I mean you could approve the site plan tonight contingent upon staff working with the architects to work out the minor details on the Kwik Trip. And then when the final plat comes back, we present you with those renditions that staff and the architect have come up with and then you would approve those and then the final plat. We’re not changing your time schedule Mike. You’re still moving ahead. There’s no risk in that. Mayor Furlong: So are we just not approving the site plan for this one because the building is not. Todd Gerhardt: You’re approving the site plan tonight contingent upon final revisions of the Kwik Trip and the car wash. Making sure that staff and the architect meet. Bring that back with the final subdivision that you need, I mean you can’t do anything until you get the subdivision. Mike Korsh: Right. Kate Aanenson: Yep. Todd Gerhardt: And so bring it back at that point. Then we present you, you know include in that final subdivision, the site plan for the Kwik Trip and the car wash. Kate Aanenson: Correct, and the tie back is, as the City Attorney has always advised us, they’re all tied together so under your site plan conditions, condition number 25 says approval of the site plan is contingent upon the final plat. So it would all tie back together so you can’t do anything without that so, as the City Manager recommended, I would just add another condition that says, revisions to the Kwik Trip must be made prior to the, at the time of final plat because the site plan approval is contingent upon final plat. Mayor Furlong: So we’d make it a condition of the plat. Kate Aanenson: Correct. If you go to the, all the motions start on, site plan is motion number, starts on page 46 of 51. So if you were to go to the last page of those conditions. There’s some that are specific to individual sites, which we can talk about that specific building but on page 49 of 51, condition number 25 says approval of the site plan is contingent upon the final plat. So they’ve got some time for that yet. Mayor Furlong: Okay. 49 City Council Meeting - March 10, 2008 Kate Aanenson: But then we have specific sites so if we want to put it under that specific site, which I’m not sure we’ve got anything on Kwik Trip or not. Mayor Furlong: You’re saying so this is still under the site plan approval? Kate Aanenson: Correct. But, so we would say modifications need to be made to Kwik Trip, and I need my little master. What number, that is number 4A. I was going to see if there’s anything under 4A. Mayor Furlong: Because once we approve the site plan, that doesn’t come back, right? Kate Aanenson: But it says the site plan is not approval because there is a condition already in there. Condition 25 says, it’s not approved until you approve the final plat. So it’s in a holding pattern. Mayor Furlong: Okay, and so should this be part of a condition on the final plat then? Is it a condition of approval of for the plat? To tie it back. I’m concerned. I’m trying to understand I guess. Not concerned. Kate Aanenson: Well the condition today is going to say that modifications must be made to the Kwik Trip to be consistent with the overall theme… Roger Knutson: It’d be a condition you’d put in your site plan. Mayor Furlong: Okay. Roger Knutson: And then in your condition of final plat approval, or preliminary approval you would say, that final site plan detail must be brought back with the final plat. Mayor Furlong: Okay. Kate Aanenson: So Mayor, there is under 25, there’s conditions to individual sites. The first site that we address that conditions need to be made are 4A. Building 4A, which is Kwik Trip. This one up here. So if you follow along with me, I’m on page 49. Condition (a). So if it’s Building 4A, which is known as the convenience store/gas station, we’ve got conditions for site plan parochial to that issue. But this is where I’d recommend that you add your architectural issue. Mayor Furlong: Insert some language with regard to, and. Kathy Anderson: Maybe architectural detailing more consistent with the rest of the buildings? Mayor Furlong: Working with staff. Councilman McDonald: Working with staff to make the architectural detailing more consistent with the rest of the development. 50 City Council Meeting - March 10, 2008 Mayor Furlong: Okay. Councilwoman Ernst: And I do have some concerns on that because we’re talking about making, I just for clarification purposes, talking about making Kwik Trip more consistent with the rest of the architecture. But I mean I thought our concern was really to address the stand alone car wash and. Kate Aanenson: It’s both. It’s 4A includes everything on that. Councilwoman Ernst: So, I mean I personally like the Kwik Trip. Mayor Furlong: Well and again, I think it’s the car wash. It’s the Kwik Trip together. Kate Aanenson: Correct. Mayor Furlong: So it’d be 4A is both of them. Kate Aanenson: Right, if you look at. Councilwoman Ernst: So I just want to make sure that we’re not going to make the Kwik Trip look more like the car wash. Councilman Litsey: No. Mayor Furlong: I think I’m looking at elements of those buildings and it’s elements. Councilman McDonald: I think 4A becomes more like all the others. 4B, 4C, 4D, 4F. Mayor Furlong: And I’m not looking for identical, but some more elements to take away some of the boxy feel. Okay. Todd Gerhardt: Mayor can I just. Mayor Furlong: Yep. Todd Gerhardt: Have one clarification. The reason the site plan is mentioned in the subdivision is having the site plan incorporated with the subdivision allows us to enforce the conditions of that site plan. So that’s why we incorporate the site plan into the subdivision. Mayor Furlong: Great. I don’t see this as a. Todd Gerhardt: Our teeth into it. Mayor Furlong: This is not an insurmountable issue here. This is hopefully. Todd Gerhardt: I just to clarify…trying to understand why it’s going in the subdivision. 51 City Council Meeting - March 10, 2008 Mayor Furlong: …and I appreciate that. So we’re comfortable we can get. Todd Gerhardt: Yep. Mayor Furlong: And we’ve got it? Kate Aanenson: Yep. Mayor Furlong: Okay. So you’ve got language there so there’ll be something on condition 1. Or under conditions for specific, you’ve got some language there. And do we need different language or is it already in there as far as the tie? Roger Knutson: It’s tied in. Mayor Furlong: It is tied already within everything? Kate Aanenson: Yep. Yeah. Mayor Furlong: Alright. Okay, now my next item. No, just kidding. Councilman Litsey: Moving right along. Mayor Furlong: No, I think that’s good and so I think we’ll also take and do the clean up the language with regard to the usage that we talked about. Kate Aanenson: Correct. As so stated. Mayor Furlong: Do we do that now as well? I assume. Any other comments or thoughts on this or? We’re kind of moving into re-writing this so I’ll make sure everybody has a chance to express their ideas. Councilman McDonald: Well I support what it is you’re doing. It’s kind of a nuance but when you draw attention to it and you begin to look at it, it does begin to stand out that wait a minute. This doesn’t quite blend in. It’s just little things. Not a big deal but it’s little things that kind of add up so I would support your direction on this. Mayor Furlong: Well why don’t we move into then, if everybody’s comfortable with this, let’s move into the motions. We have 4 of them, is that correct? Kate Aanenson: That’s correct. Mayor Furlong: And begin on page 35 of the staff report, or 250 of the electronic file. And let’s work with these individually and make sure we get them. If we want to deal with them in a single vote, I think we can, but I want to make sure we present each one individually and we get 52 City Council Meeting - March 10, 2008 whatever modifications are required from staff and so, would somebody like to start with the Planned Unit Development amendment? Councilman McDonald: I’ll start with that. Mayor Furlong: Okay, thank you. Councilman McDonald: I’ll make a motion that the City Council approves the Planned Unit Development amendment in the attached ordinance for Chanhassen Gateway clarifying setbacks, signage, and retail building size incorporating the changes as shown below, and that’s I guess (a) through (m), and including the attached Findings of Fact and recommendations. Mayor Furlong: Okay, thank you. Do we need any modi, we needed some. Roger Knutson: Mayor? Mayor Furlong: Yes sir. Roger Knutson: I think on permitted uses, the seventh bullet is it? Neighborhood scale commercial. Kate Aanenson: Correct. Roger Knutson: That should be amended consistent with the discussion previously had. I can read that if you’d like. Mayor Furlong: Please. Roger Knutson: No tenant in any building may occupy more than 8,000 square feet except in Building 4C and 4G. In Building 4C and 4G a tenant may occupy no more than 10,000 square feet. The liquor store may not occupy more than 60% of the total area of Building 4G. Mayor Furlong: And are we keeping in the sentence that says no individual service component of a retail building shall occupy more than 8,000 square feet of the building? Roger Knutson: You want that in? Kate Aanenson: Yes. Roger Knutson: Okay, we’ll leave that in. Mayor Furlong: So that’s still in. So really you modified the first and second sentences. Roger Knutson: I took out the first and second sentences and replaced them with what I read. Mayor Furlong: Okay. Thank you. Mr. McDonald, you’re comfortable with that? 53 City Council Meeting - March 10, 2008 Councilman McDonald: I’m comfortable with that. I accept it. Todd Gerhardt: We’ll call you. Mayor Furlong: Sure we got that. Was there anything else under this? Councilman Litsey: That should cover it I think. Mayor Furlong: Okay. Then let’s, we’ll go to staff’s recommendations on the signs and then we’ll come back to that. Part of the overall. Let’s go to number 2 then. The variance. Mr. McDonald. We’ll do these as a single motion. Just work through them individually. Councilman McDonald: Okay. I’ve got to scroll down it. Mayor Furlong: Page 257 electronically or 40. Down near the bottom. s Councilman McDonald: Okay. Number 2. The variance. The City Council approve variance request #08-01 to allow a 20-foot setback from Lyman Boulevard and a 20-foot setback from Highway 101, as shown in plans dated received January 18, 2008 and including the attached Findings of Fact and recommendations with the following conditions. Looks like number 1. Mayor Furlong: That’s correct. No modification required there. Want to go to 3? s Councilman McDonald: Okay. Number 3. Subdivision. The City Council approve the preliminary plat for Planning Case 08-01 for Crossroads of Chanhassen as shown in plans dated received January 18, 2008, and including the attached Findings of Fact and Recommendation subject to the following conditions number 1 through 29. Todd Gerhardt: 29. Kate Aanenson: Mayor, those are the two subdivision ones we did hand out for corrections, if I might for the record. Mayor Furlong: Those are here? Kate Aanenson: Correct. Number 4. The amount of the stormwater fees was reduced to $1,000. Excuse me, $186,153. And then number 24. The first sentence modified, the access drive to 26 feet was struck. Mayor Furlong: Okay. And then the next change for the next motion, is that correct? Kate Aanenson: Correct. Mayor Furlong: Okay. So we’re comfortable then with 3? No more changes required on that for what we’ve discussed tonight? Okay. Then number 4. Site plan approval. 54 City Council Meeting - March 10, 2008 s Councilman McDonald: Number 4. The City Council approve the seven site plans consisting of a 5,300 square-foot convenience store with gas pumps and a 2,805 square-foot car wash (Buildings 4A), a multi-tenant building with an area of 11,000 square feet (Building 4B), a two-story multi- tenant building with a first floor area of 13,800 square feet and second floor area of 15,000 square feet (Building 4C), a one-story retail building with an area of 8,000 square feet (Building 4D), a 5,000 square-foot bank with drive-thru window (Building 4E), a 3,400 square-foot retail building (Building 4F), and a 10,000 square- foot Deli and Liquor Store (Building 4G), Planning Case 08-01 for Crossroads of Chanhassen as shown in plans dated received January 18, 2008, and including the attached Findings of Fact and Recommendation subject to the following conditions, which should be 1 through 25. And 25 also has additional conditions attached to that which would be 1 through 8. And I believe that’s where you would want to make a change. Mayor Furlong: Okay, and so how do we? Roger Knutson: Mayor, I believe you were talking about making an addition to paragraph on 25, or condition 25. That would say, the site plan for the, what is the, Kate what is the number? Kate Aanenson: Can I just clarify? Can we go under 1, just for your clarification. The specific conditions for 4A, which is the gas station, car wash and the canopy. So if we could put the condition for improve the architecture under that specific site. Councilman McDonald: It’d be 1(h). Kate Aanenson: So 1, actually it’d be (h), (i), (j), so it might be (k). Councilman McDonald: (k), I’m sorry. Kate Aanenson: That’s alright. So 1(k) would read something like, that the staff will work with the applicant to improve the architecture in the buildings, including the car wash, and the gas station to make them more compatible with the other buildings. Roger Knutson: And then you could add, because it’s not in 25, just to make it abundantly clear that this detail must be brought back at the time of final plat approval for approval by the City Council. Mayor Furlong: That would be under that same condition? Roger Knutson: Yes. Mayor Furlong: Okay. And then there was also a modification, what’s this one here Kate? The third page of the handout. Did we get that in already? Kate Aanenson: Yeah, I’m sorry. That one should be noted too. So that would be, actually we’re on the same page, right above it on (j). Instead of 10 fee it should say 5 feet. I’m sorry I missed that one completely. So that would be 1(j) under 25. 55 City Council Meeting - March 10, 2008 Mayor Furlong: So (j) under Building 4A. Kate Aanenson: Correct. Mayor Furlong: Okay. Alright. Anything else on any of these? Thank you. We have a motion before us. Is there a second? Councilman Litsey: Second. Mayor Furlong: Would you like a re-reading of the motion? Councilman Litsey: I don’t know that I dare ask that. I’m just glad somebody made it. Mayor Furlong: Motion’s been made and seconded. Any discussion on this? I’ll just make a quick comment. We got kind of bogged down and I think it took away from the chance for some of us to talk about how pleased we are with all the work. I think I made some comments but this is going to be an asset to our city. It is going to provide some much needed retail, convenience retail, neighborhood retail south of Highway 5 for our residents that currently live in that part of our city, and that the many that will move into this area so this is, I think this is clearly going to be an asset to the city. I know it’s going to be an asset to the area and I want to make painfully clear how much we appreciate everybody’s efforts. Both from the staff, the Planning Commission, the neighborhood, the applicants and everybody working together to get this done. We’re very grateful. Councilman McDonald: I would second that. Mayor Furlong: Thank you. With that, is there any other discussion? Councilman Litsey: No, it’s a very impressive development. Thank you. Councilwoman Ernst: Nice job. Councilman McDonald moved, Councilman Litsey seconded that the City Council approves the Planned Unit Development amendment in the attached ordinance for Chanhassen Gateway clarifying setbacks, signage, and retail building size incorporating the changes as shown below (amendments are shown in bold), and including the attached Findings of Fact and Recommendation: CHANHASSEN GATEWAY PUD DEVELOPMENT DESIGN STANDARDS a. Intent The purpose of this zone is to create a MIXED USE PUD including a 56 City Council Meeting - March 10, 2008 NEIGHBORHOOD COMMERCIAL, OFFICE AND RESIDENTIAL. The use of the PUD zone is to allow for more flexible design standards while creating a higher quality and more sensitive development. Each structure proposed for development shall proceed Exhibit A through site plan review based on the development standards outlined below. reflects the site layout and buildings as referenced herein. b. Permitted Uses ? The permitted uses in this zone should be limited to appropriate commercial and service uses consistent with meeting the daily needs of the neighborhood. The uses shall be limited to those as defined herein. If there is a question as to whether or not a use meets the definition, the Community Development Director shall make that interpretation. The type of uses to be provided on these lots shall be low intensity neighborhood oriented retail and service establishments to meet daily needs of residents. Commercial and office uses shall be limited to the area located south of Highway 212. Residential uses shall be located north of Highway 212 and along the western portion of the southern half. ? Small to medium-sized restaurant-not to exceed 8,000 square feet per building (no except drive-thru windows are allowed for tenants whose drive-thru windows primary use is the sale of coffee. The drive-thru lane shall be screened and the exterior wall of the drive-thru shall contain the same level of architectural detail as any other elevation visible by the public. ? Banks with a drive-in service window ? Office ? Day care 57 City Council Meeting - March 10, 2008 ? Neighborhood scale commercial: No tenant in any building may occupy more than 8,000 square feet except in Buildings 4C and 4G. In Buildings 4C and 4G a tenant may occupy no more than 10,000 square feet. The liquor store may not occupy more than 60% of the total area of Building 4G. No individual service component of a retail building shall occupy more than 8,000 square feet of the building ? and car wash. Convenience store with or without gas pumps ? Specialty retail (Book Store, Jewelry, Sporting Goods Sale/Rental, Retail Sales, Retail Shops, Apparel Sales, etc.) ? Personal Services(an establishment or place of business primarily engaged in providing individual services generally related to personal needs, such as a Tailor Shop, Shoe Repair, Self-Service Laundry, Laundry Pick-up Station, Dry Cleaning, Dance Studios, etc). ? Residential High Density (8-16 units per net acre). The total number of units for the entire site may not exceed 150 units. c. Building Area ? Commercial/Office – Not to exceed 75,000 square feet for the entire development ? Maximum Commercial/Office lot usage is a Floor Area Ratio of 0.3 ? Maximum office/commercial building area per tenant may not exceed 8,000 square feet ? Maximum residential units may not exceed 150 units. d. Prohibited Ancillary Uses ? , coffee shops Drive-thru Windows except banks or pharmacies. ? such as propane, salt, window washer Outdoor storage and display of merchandise fluid, etc. except on the sidewalk surrounding the convenience store 4A. The outdoor display of merchandise shall not impede nor interfere with pedestrian traffic. e. Setbacks The PUD ordinance requires setbacks from roadways and exterior property lines. The following table displays those setbacks. Boundary Building/ Parking Setbacks (feet) Lyman Boulevard 20/20 Highway 101 North of Highway 312 50/50 Highway 101 South of Highway 312 20/20 Highway 312 50/50 Northerly Project Property Line 50/20 Westerly Project Property Line 50/20 58 City Council Meeting - March 10, 2008 Boundary Building/ Parking Setbacks (feet) Internal Project property lines 0 /0 Internal Right-of-Way (Crossroads Boulevard) 20/20 Hard Surface Coverage-Residential 50 % Commercial and Office Hard Surface Coverage 70 % Maximum Commercial (Retail) Building/Structure Height 1 story Maximum Office Building/Structure Height 2 stories Maximum Residential Building/Structure Height 35 or 3 stories, whichever is less f. Non Residential Building Materials and Design There shall not be underdeveloped backsides of buildings. All elevations shall receive nearly equal treatment and visual qualities. Buildings and site design shall comply with design standards outlined in Article XXIII. General Supplemental Regulations, Division 7 of the Zoning Ordinance. g. Residential Standards Buildings and site design shall comply with design standards outlined in Article XXIII. General Supplemental Regulations, Division 9 of the Zoning Ordinance. 1.All units shall have access onto an interior private street. 2.A design palette shall be approved for the entire project. The palette shall include colors for siding, shakes, shutters, shingles, brick, stone, etc. 3.All foundation walls shall be screened by landscaping or retaining walls. h. Site Landscaping and Screening The intent of this section is to improve the appearance of vehicular use areas and property abutting public rights-of-way; to require buffering between different land uses; and to protect, preserve and promote the aesthetic appeal, character and value of the surrounding neighborhoods; to promote public health and safety through the reduction of noise pollution, air pollution, visual pollution and glare. 1.The landscaping standards shall provide for screening for visual impacts associated with a given use, including but not limited to, truck loading areas, trash storage, parking lots, Large unadorned building massing, etc. 2.Each lot for development shall submit a separate landscaping plan as a part of the site plan review process. 59 City Council Meeting - March 10, 2008 3.All open spaces and non-parking lot surfaces, except for plaza areas, shall be landscaped, rockscaped, or covered with plantings and/or lawn material. Tree wells shall be included in pedestrian areas and plazas. 312 4.Undulating berms, north of Lyman Boulevard, north and south of Highway and west of Highway 101 shall be sodded or seeded at the conclusion of grading and utility construction. The required buffer landscaping may be installed where it is deemed necessary to screen any proposed development. All required boulevard landscaping shall be sodded. 5.Loading areas shall be screened from public right-of-ways. Wing walls may be required where deemed appropriate. 6.Native species shall be incorporated into site landscaping, whenever possible. i. Street Furnishings Benches, kiosks, trash receptacles, planters and other street furnishings should be of design and materials consistent with the character of the area. Wherever possible, street furnishings should be consolidated to avoid visual clutter and facilitate pedestrian movement. j. Signage The intent of this section is to establish an effective means of communication in the development, maintain and enhance the aesthetic environment and the business’s ability to attract sources of economic development and growth, to improve pedestrian and traffic safety, to minimize the possible adverse effect of signs on nearby public and private property, and to enable the fair and consistent enforcement of these sign regulations. It is the intent of this section, to promote the health, safety, general welfare, aesthetics, and image of the community by regulating signs that are intended to communicate to the public, and to use signs which meet the city's goals: a.Establish standards which permit businesses a reasonable and equitable opportunity to advertise their name and service; b.Preserve and promote civic beauty, and prohibit signs which detract from this objective because of size, shape, height, location, condition, cluttering or illumination; c.Ensure that signs do not create safety hazards; d.Ensure that signs are designed, constructed, installed and maintained in a manner that does not adversely impact public safety or unduly distract motorists; 60 City Council Meeting - March 10, 2008 e.Preserve and protect property values; f.Ensure signs that are in proportion to the scale of, and are architecturally compatible with, the principal structures; g.Limit temporary commercial signs and advertising displays which provide an opportunity for grand opening and occasional sales events while restricting signs which create continuous visual clutter and hazards at public right-of-way intersections. j.1. Project Identification Sign One project identification sign for the commercial portion of the development located at the entrance off of Highway 101. Project identification signs shall not exceed 80square feet in sign display area nor be greater than eight feet in height. The sign shall be setback a minimum of 10 feet from the property line. As an alternative, the project identification sign may be located at the southeast corner of Lot 2, Block 1. If the sign is located in the right-of-way, an encroachment agreement must be obtained. Otherwise, the sign must maintain a 10 foot setback from property lines and may not exceed 24 square feet nor be higher than 5 feet. j.2. Monument Sign One monument sign shall be permitted at the entrance to the development off of Lake Susan Drive. One monument sign per lot shall be permitted for the commercial portion of the site. One multi-tenant sign shall be permitted at the entrance into the development off of Highway 101 and two signs off of Lyman Boulevard. These signs shall not exceed except Kwik Trip, 24 square feet in sign display area nor be greater than 5 feet in height located on Lot 1, Block 1, shall be permitted a 48 square-foot, 8-foot high monument sign. These signs must comply with all ordinances pertaining to size and percent of sign area dedicated to gas prices as well as any other applicable regulations. These signs shall be set back a minimum of 10 feet from the property line. j.3. Wall Signs a.The location of letters and logos shall be restricted to the approved building sign parapet height bands, the tops of which shall not extend above . The letters and logos shall be restricted to a maximum of 30 inches in height. All individual letters and logos comprising each sign shall be constructed of wood, metal, ortranslucent facing. Second story b.illuminated signs that can be viewed from neighborhoods outside the PUD site, are prohibited. c.Tenant signage shall consist of store identification only. Copy is restricted to the tenant’s proper name and major product or service offered. Corporate logos, 61 City Council Meeting - March 10, 2008 emblems and similar identifying devices are permitted provided they are confined within the signage band and do not occupy more than 15% of the sign area unless the logo is the sign. d.Wall signs are limited to two elevations per building. j.4. Festive Flags/Banners a.Flags and banners shall be permitted on approved standards attached to the building facade and on standards attached to pedestrian area lighting. b.Flags and banners shall be constructed of fabric or vinyl. c.Banners shall not contain advertising for individual users, businesses, services, or products. d.Flags and banners shall project from buildings a maximum of two feet. e.Flags and banners shall have a maximum area of 10 square feet. f.Flags and banners which are torn or excessively worn shall be removed at the request of the city. j.5. Building Directory a.In multi-tenant buildings, one building directory sign may be permitted. The directory sign shall not exceed eight square feet. j.6 Directional Signs a.On-premises signs shall not be larger than four (4) square feet. The maximum height of the sign shall not exceed five (5) feet from the ground. The placement of directional signs on the property shall be so located such that the sign does not adversely affect adjacent properties (including site lines or confusion of adjoining ingress or egress) or the general appearance of the site from public rights-of-way. No more than four (4) signs shall be allowed per lot. The city council may allow additional signs in situations where access is confusing or traffic safety could be jeopardized. b.Off-premises signs shall be allowed only in situations where access is confusing and traffic safety could be jeopardized or traffic could be inappropriately routed through residential streets. The size of the sign shall be no larger than what is needed to effectively view the sign from the roadway and shall be approved by the city council. c.Bench signs are prohibited except at transit stops as authorized by the local transit authority. 62 City Council Meeting - March 10, 2008 d.Signs and Graphics. Wherever possible, traffic control, directional and other public signs should be consolidated and grouped with other street fixtures and furnishings to reduce visual clutter and to facilitate vehicular and pedestrian movement. A system of directional signs should also be established to direct traffic within the commercial area and away from residential areas. j.7.Prohibited Signs ? Pylon signs are prohibited. ? Back lit awnings are prohibited. ? Window Signs are prohibited except for company logo/symbol and not the name. Such logo shall not exceed 10% of a window area. ? Menu Signs are prohibited. j.8. Sign Design and Permit Requirements a.The sign treatment is an element of the architecture and thus should reflect the quality of the development. The signs should be consistent in color, size, and material and height throughout the development. A common theme will be introduced at the development's entrance monument and will be used throughout. b.All signs require a separate sign permit. c.Wall business signs shall comply with the city’s sign ordinance for the Neighborhood business district for determination of maximum sign area. Wall signs may be permitted on the “street” front and primary parking lot front of each building. k. Lighting 1. Lighting for the interior of the development shall be consistent throughout the development. High pressure sodium vapor lamps with decorative natural colored pole shall be used throughout the development parking lot area for lighting. Decorative, pedestrian scale lighting shall be used in plaza and sidewalk areas and may be used in parking lot Parking lot light poles may not exceed 25 feet in height. areas. in areas other than parking lots 2. Light fixtures should be kept to a pedestrian scale (12 to 18 feet). Street light fixtures should accommodate vertical banners for use in identifying the commercial area. 3. All light fixtures shall be shielded. Light level for site lighting shall be no more than ½ foot candle at the project perimeter property line. This does not apply to street lighting. 63 City Council Meeting - March 10, 2008 4. Lighting for parking areas shall minimize the use of lights on pole standards in the parking area. Rather, emphasis should be placed on building lights and poles located in close proximity to buildings. l. Non Residential Parking 1.Parking shall be provided based on the shared use of parking areas whenever possible. Cross access easements and the joint use of parking facilities shall be protected by a recorded instrument acceptable to the city. 2.The development shall be treated as an integrated shopping center and provide a minimum of one space per 200 square feet of commercial/retail area. The office/personal service component shall be treated as an integrated office building and provide 4.5 space per 1,000 square feet for the first 49,999 square feet, four per thousand square feet for the second 50,000 square feet, and 3.5 per thousand square feet thereafter. m. Residential Parking shall comply with city code requirements.” All voted in favor and the motion carried unanimously with a vote of 4 to 0. Councilman McDonald moved, Councilman Litsey seconded that the City Council approves variance request #08-01 to allow a 20-foot setback from Lyman Boulevard and a 20-foot setback from Highway 101, as shown in plans dated received January 18, 2008 and including the attached Findings of Fact and Recommendation with the following condition: 1.Approval of the variance applications is contingent upon approval of the final plat, site plan and the PUD amendment – Planning Case 2008-01.” All voted in favor and the motion carried unanimously with a vote of 4 to 0. Councilman McDonald moved, Councilman Litsey seconded that the City Council approves the preliminary plat for Planning Case 08-01 for Crossroads of Chanhassen as shown in plans dated received January 18, 2008, and including the attached Findings of Fact and Recommendation, subject to the following conditions: 1.Full park fees in lieu of parkland dedication shall be collected in full at the rate in force upon final plat submission and approval. 2.The width of the sidewalk located west of Highway 101 shall be increased to 8 feet. 3.Encroachment agreements are required for any extensive landscaping or signage and sidewalk proposed. 4.At this time, the estimated total SWMP fee, due payable to the City at the time of final plat $186,153.00 recording, is . 64 City Council Meeting - March 10, 2008 5.Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Type of Slope Time (Maximum time an area can Steeper than 3:1 7 days remain open when the area 10:1 to 3:1 14 days is not actively being worked.) Flatter than 10:1 21 days These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. 6.The proposed stormwater pond shall be constructed prior to disturbing up-gradient areas and used as a temporary sediment basin during mass grading. Diversion berms/ditches may be needed to divert water to the pond and a temporary pond outlet shall be provided. The outlet could be a temporary perforated standpipe and rock cone. The plans shall be revised to include a detail for the temporary pond outlet. 7.The applicant shall locate all boulevard trees behind the sidewalk along the public street. Trees are not permitted between the sidewalk and the street. 8.The applicant must submit a landscape plan with a complete Plant Schedule and all species and quantities noted on the plan. 9.Resize the pond to the required dead storage. Lower the normal water level (NWL) of the pond to 908.0. MnDOT requirements regarding the rate to the wetland and the bounce of the wetland must still be met. 10.The proposed storm sewer will need to be adjusted. High points on the public street should be located near the access points to allow better sight distance. Resize the pond to minimum requirements to allow the county storm to remain in place. Rational method calculations are needed for the sizing of the storm sewer. 11.The grading plan needs to be revised. The HWL listed on the plans does not match the hydrologic calculations. The drainage calculations need to be reorganized. Revise the outlet to the wetland so that the flared end section is adjacent to the wetland buffer. Show emergency overflows on the plan. 12.If importing or exporting material for development of the site is necessary, the applicant will be required to supply the City with detailed haul routes. 13.Remove or lower the retaining wall along the existing watermain. The dead storage in the pond is oversized. Changes in grading and removing some of the excess dead storage should 65 City Council Meeting - March 10, 2008 allow the wall to be removed in this area. 14.Building permits are required for all retaining walls four feet tall or higher and must be designed by a Structural Engineer registered in the State of Minnesota. 15.The sanitary sewer, storm sewer, and watermain within the public right-of-way and along the Old Highway 101 corridor shall be publicly owned and maintained. All other utilities shall be covered by a cross-access agreement. The proposed watermain must wet tap the existing watermain. 16.Utility plans shall show both plan view and profiles of all utilities (sanitary sewer, water, and storm sewer lines. 17.Determine actual elevations of existing utilities. A minimum vertical separation of 18 inches is required at all storm, sanitary, and watermain crossings. Also, provide 10 feet of horizontal separation between storm, sanitary and watermain. Any gas, electric, cable, or telephone located outside of a public easement must be relocated. 18.Each new lot is subject to the sanitary sewer and water hookup charges. The 2008 trunk hookup charge is $1,769 for sanitary sewer and $4,799 for watermain. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the time of building permit issuance. All of these charges are based on the number of SAC units assigned by the Met Council and are due at the time of building permit issuance. 19.All of the utility improvements are required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. The applicant is also required to enter into a development contract with the City and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. The applicant must be aware that all public utility improvements will require a preconstruction meeting before building permit issuance. Permits from the appropriate regulatory agencies will be required, including the MPCA, Dept. of Health, Carver County, Watershed District and MnDOT. 20.A drainage and utility easement of 20 feet is required over the existing county storm sewer. Remove the drainage and utility easements from the private utilities and cover these with cross-access agreements. 21.The developer will need to work with the City and MnDOT to acquire access to the site and acquire the land from Old Highway 101. 22.Access to the site must be via a public street designed to Minnesota State Aid Standards. This street will be maintained by the City. The public street connection on Highway 101 must align with the lanes provided with the off ramp of Highway 212. Survey existing lanes to ensure that the proposed lanes will line up with existing. The public street must be named and the name found acceptable by the City. Modify the right-of-way at intersection of Lyman Boulevard and the public street to accommodate the trail. No parking will be allowed 66 City Council Meeting - March 10, 2008 on this public street. Add no parking signs to plans. 23.Upon completion of the public street, the applicant shall submit a set of “as-built” plans signed by a professional engineer. 24.Remove any objects placed in the horizontal sight triangles of the intersections. A commercial drive entrance shall be added to each connection with the public road matching City Detail 5207. 25.Collector and Arterial Roadway Traffic Impact Zone fees will be collected with the final plat. The fee will be based on the commercial rate of $3,600 per acre. 26.The preliminary plat needs to be adjusted. Fix the text error for Parcel 3 and determine why the boundary does not close. 27.Encroachment agreements are required before the construction of the signs within the drainage and utility easements. Shift the pylon sign 10 feet south of its current location to allow room for the pond access road. 28.All outstanding assessments must be paid prior to final plat. 29.A left turn lane leading into the Kwik Trip site located on Lot 1, Block 1, shall be added to the Crossroads Boulevard design.” All voted in favor and the motion carried unanimously with a vote of 4 to 0. Councilman McDonald moved, Councilman Litsey seconded that the City Council approves the seven site plans consisting of a 5,300 square-foot convenience store with gas pumps and a 2,805 square-foot car wash (Buildings 4A), a multi-tenant building with an area of 11,000 square feet (Building 4B), a two-story multi-tenant building with a first floor area of 13,800 square feet and second floor area of 15,000 square feet (Building 4C), a one-story retail building with an area of 8,000 square feet (Building 4D), a 5,000 square-foot bank with drive-thru window (Building 4E), a 3,400 square-foot retail building (Building 4F), and a 10,000 square- foot Deli and Liquor Store (Building 4G), Planning Case 08-01 for Crossroads of Chanhassen as shown in plans dated received January 18, 2008, and including the attached Findings of Fact and Recommendation, subject to the following conditions: Conditions common to all site plans: 1.All landscape islands must have a minimum interior width of 10 feet. 2.Staff recommends that Cornell structural soil be used in all parking lot islands. 67 City Council Meeting - March 10, 2008 3.The applicant shall increase canopy trees within the east and south bufferyards to meet minimum requirements. 4.The applicant must submit a landscape plan with a complete Plant Schedule and all species and quantities noted on the plan. 5.The applicant shall remove Norway maple and Colorado spruce from the Plant Schedule. All species of ash will only be allowed in minimal quantities. 6.A wetland buffer 16.5 feet in width and a 30-foot setback from the wetland buffer must be maintained around Wetland 1. Secondary structures are allowed to encroach up to 50% of the setback. It appears that the retaining wall has exceeded the allowed encroachment and should be moved. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City’s wetland ordinance. The applicant must install wetland buffer edge signs, under the direction of City staff, before construction begins and must pay the City $20 per sign. 7.A vegetation management plan needs to be developed for the buffer. Currently the buffer is dominated by reed canary grass and agricultural weeds. The buffer for a Manage 3 wetland must have, at a minimum, 50% dominance of native plant species. 8.A NPDES Phase II Construction Site Storm Water Permit will be required from the Minnesota Pollution Control Agency (MPCA) for this site. A Storm Water Pollution Prevention Plan (SWPPP) has been developed and submitted to the appropriate agencies for review. The Carver Soil and Water Conservation District is to be invited to the preconstruction meeting for the project. 9.It shall be noted on the SWPPP that all areas that will not be permanently stabilized within the timeframe required by the NPDES permit shall be temporary mulched and seeded. A note shall be included in the dewatering section of the SWPPP that states: “If construction of the proposed temporary/permanent sediment pond is not completed prior to dewatering, the City’s on-site construction observer must approve proposed dewatering methods prior to beginning dewatering.” 10.All silt fence that is not laid parallel to the contours, or that have a continuous run greater than 300 feet, shall have J Hooks installed every 50 -75 feet. This shall be noted on the plans and discussed at the preconstruction meeting. 11.Energy dissipation shall be provided at the inlet to the proposed pond and at the end of the discharge pipe that outlets to the wetland within 24 hours of pipe installation. The discharge location for the outlet of the proposed pond shall be evaluated to ensure that the proposed discharge will not cause erosion issues. Reinforced erosion control matting may be required. 12.A stable emergency overflow (EOF) for the stormwater pond shall be provided. The EOF could consist of riprap and geotextile fabric or a turf reinforcement mat (a permanent erosion control blanket). A typical detail shall be included in the plan. The overland route from the 68 City Council Meeting - March 10, 2008 EOF shall be shown on the plan set. 13.Inlet protection may be needed prior to installation of the castings for the curbside catch basins. In that case, all storm sewer inlets shall be protected by at least fabric draped over the manhole with a steel plate holding the fabric in place. 14.The plans shall be revised to show a 75-foot rock construction entrance wherever construction traffic will access the site. The rock construction entrance shall be constructed in accordance with Chanhassen’s Standard Detail 5301. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as needed. 15.In the event that dewatering is needed, the field inspector shall be contacted prior to any dewatering activities. 16.All diversions necessary to direct stormwater flow to the temporary basin shall be clearly indicated on the plan. 17.A concrete washout area needs to be shown on the plan. 18.A detail for the temporary pond outlet needs to be included in the plan. 19.The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Minnesota Pollution Control Agency, Minnesota Department of Natural Resources (for dewatering)) and comply with their conditions of approval. 20.Make a notation in the SWPPP that the contractor with overall day-to-day responsibilities of the project/General Contractor must be the contractor for the NPDES permit. The applicant needs to have an individual qualified to complete stormwater inspection reports weekly, and after each one-half inch rainfall event. A box will need to be placed on site for these specific documents. 21.Cross-access and cross-parking agreements shall submitted to the City for approval and recording. 22. Fire Marshal Conditions: a.An additional fire hydrant (one) will be required near the car wash. Contact Chanhassen Fire Marshal for exact location. b.The 4-inch water line shown for the gas station and car wash is required to be a minimum of 6 inches per NFPA 13 Sec.15.1.3.1. c.Contact Chanhassen Fire Marshal for locations of NO PARKING FIRE LANE signs, and curbing to be painted yellow. Per MSFC Sec. 503.3. 69 City Council Meeting - March 10, 2008 d.A 3-foot clear space shall be maintained around the circumference of fire hydrants except as otherwise required or approved. Per MSFC Sec. 508.5.5. e.Posts, fences, vehicles, growth, trash, storage and other materials shall not be placed or kept near fire hydrants, fire department inlet connections or fire protection system control valves in a manner that would prevent such equipment or fire hydrants from being immediately discernible. The fire department shall not be deterred or hindered from gaining immediate access to fire protection equipment or fire hydrants Per MSFC Sec. 508.5.4. f.When fire apparatus access roads or a water supply for fire protection is required to be installed, such protection shall be installed and made serviceable prior to and during the time of construction, except when approved alternate methods of protection are provided. Temporary street signs shall be installed at each intersection when construction of new roadways allows passage by vehicles in accordance with section 505.2 of the MN. State Fire Code. Per Sec. 501.4. 23. Building Official Conditions: a.The buildings are required to have automatic fire extinguishing systems. b.Building plans must be prepared and signed by design professionals licensed in the State of Minnesota. c.Retaining walls over four feet high must be designed by a professional engineer and a permit must be obtained prior to construction. d.Structure proximity to property lines (and other buildings) will have an impact on the code requirements for the proposed buildings, including but not limited to: allowable size, protected openings and fire-resistive construction. These requirements will be addressed when complete building and site plans are submitted. e.Detailed occupancy related requirements will be addressed when complete building plans are submitted. f.The owner and or their representative shall meet with the Inspections Division as soon as possible to discuss property line issues as well as plan review and permit procedures. 24.All rooftop and ground equipment must be screened from views. 25.Approval of the site plan applications is contingent upon approval of the final plat, variance and the PUD amendment – Planning Case 2008-01. Conditions specific to individual sites: 70 City Council Meeting - March 10, 2008 1.Building 4A with an area of 5,300 square feet convenience store, gas pumps and a 2,805 square-foot car wash located on Lot 1, Block 1. 48 8 a.The monument sign may not exceed square feet in area nor be higher than feet. The sign shall be located 10 feet from the property line. b.No more than two signs are permitted on the convenience store and one sign on the east carwash buildings. Signs on the convenience store shall be limited to the north and elevation. Sign on the carwash shall be limited to the east elevation. c.Outdoor storage of merchandise may be permitted on the sidewalk around the convenience store with the condition that the outdoor display of merchandise shall not impede nor interfere with pedestrian traffic. d.No signage is permitted on the canopy nor can it be illuminated. Lights below the canopy must be recessed. e.A one-way is required for the lane between the gas station and the car wash. Add sign and arrows showing one-way traffic. f.Show turning movement for appropriate size delivery trucks. g.Adjust cleanout on the west side of the gas station so that it is less than 100 feet between the cleanout and the catch basin. h.Show drainage arrows and percent of slope to ensure 1% minimum slope across the asphalt surface and .5% minimum slope along the curb lines. i.The watermain must be relocated because it is too close to the building. Also, the sanitary sewer and storm sewer must maintain a 10-foot separation. 5 j.Shift underground gas tanks feet south of their current location. k.Staff will work with the applicant to improve the architecture of the car wash and gas station/convenience store to make them more compatible with the buildings in the overall development. The item will be brought back at the time of final plat approval for approval by the City Council. 2.Building 4B, a multi-tenant building with an area of 11,000 square feet located on Lot 2, Block 1. a.Approval of this site plan is contingent upon approval of the PUD amendment to allow drive-thru windows for coffee shops. b.Signs shall be limited to the east and west elevations of the building. c.Drive-thru lane shall be widened to 16 feet. 71 City Council Meeting - March 10, 2008 d.Show turning movements for appropriate size delivery trucks. e.Show drainage arrows and percent of slope to ensure 1% minimum slope across the asphalt surface and .5% minimum slope along the curb lines. 3.Building 4C, a two-story multi-tenant building, first floor with an area of 13,800 square feet, second floor with area of 11,000 square feet, located on Lot 2, Block 1. a.Drop off lane shall be widened to 22 feet. b.The wall signs are limited to the north and south elevations only. Any signage on the second floor may not be illuminated. c.Show turning movements for appropriate size delivery trucks. d.Show drainage arrows and percent of slope to ensure 1% minimum slope across the asphalt surface and .5% minimum slope along the curb line. 4.Building 4D, a one-story retail building with an area of 8,000 square feet located on Lot 2, Block 1. a.Show turning movements for appropriate size delivery trucks. b.Show drainage arrows and percent of slope to ensure 1% minimum slope across the asphalt surface and .5% minimum slope along the curb lines. 5.Building 4E, a 5,000 square-foot bank with a drive-thru, located on Lot 3, Block 1. a.Approval of the site plan is contingent upon vacation of old Highway 101. b.Show drainage arrows and percent of slope to ensure 1% minimum slope across the asphalt surface and .5% minimum slope along the curb lines. 6.Building 4F, a 3,400 square-foot retail building located on Lot 1, Block 2. a.Approval of the site plan is contingent upon vacation of old Highway 101. b.Trash enclosure drive shall be widened to 16 feet. c.Show turning movements for appropriate size delivery trucks. d.Show drainage arrows and percent of slope to ensure 1% minimum slope across the asphalt surface and .5% minimum slope along the curb lines. 8.Building 4G, a 10,000 square-foot Deli and Liquor Store located on Lot 2, Block 2. a.Trash enclosure drive shall be widened to 16 feet. 72 City Council Meeting - March 10, 2008 b.Show turning movements for appropriate size delivery trucks. c. Show drainage arrows and % of slope to ensure 1% minimum slope across the asphalt surface and .5% minimum slope along the curb lines.” All voted in favor and the motion carried unanimously with a vote of 4 to 0. Mayor Furlong: The motion prevails. Very good. Thank you everyone. COUNCIL PRESENTATIONS: Mayor Furlong: Presentations from the council. Councilwoman Ernst, please. Councilwoman Ernst: I would just like to say thank you to Bryan. It was a well, it was very much a learning experience to go to the Leadership Emergency. Mayor Furlong: Oh, the Leadership, yes. Councilwoman Ernst: Yes, it was very helpful to understand what should happen in those type of situations and what our role was, to basically back off so. So it was very good. Mayor Furlong: And maybe to clarify a little bit. A couple weeks ago, I guess it was the last week of February, the entire council attended an emergency management training session as part of the, I guess National. Councilman Litsey: National Management System… Mayor Furlong: And we attended along with a number of other elected and appointed officials for neighborhood communities. It was very informative. I agree with you. Well worth our time and effort. That was one of the strategic initiatives that as a council we wanted to address, was to increase our own training this year and I know we’ll be working with staff on some other things later on but I would second the thanks and appreciation for South Lake Tonka and the Excelsior Fire District. Scott Gerber did a great job. We miss him here at Carver County. He used to fill that role in Carver County as Emergency Preparedness Management but it was well done and so thank you for bringing that up. Councilman Litsey: I just want to say too, I appreciate the council attending. It’s an important thing to get on board with and have this coordination when it comes to, hopefully it never happens in your community but if there’s a disaster that strikes, that we’re all on the same page working together and I know this council has a lot of meetings to attend and it was just one more to have to go through but I think it was, hopefully was, provide some good direction for the council and if and there’s a question of when it’s going to strike in the metro area. But I mean many communities already have had experienced it with Rogers had the tornadoes and so forth. You always hope it’s not here but if it is, that we’re prepared to deal with that and can take action on behalf of the residents and people that live here so, thank you for going. 73 City Council Meeting - March 10, 2008 Mayor Furlong: Yep, thank you. And you know as a city we have an emergency operations plan. It is something that has been developed over the years. We continue to look at it and modify it and it’s something that we every other year we work through mock drills. The fire department I know does major mock drills every year and so those things will be coming up as well but, it’s our ongoing practice to try to stay prepared and I agree with you Councilman Litsey. You hope we never have to use it, but if we do, it’s nice to know we have a plan in place and as many people are going to be involved in that we want to get trained to follow it so. Very good. Any other comments for council presentations? If none, Mr. Gerhardt. ADMINISTRATIVE PRESENTATIONS: Todd Gerhardt: I handed out a meeting notice with the Alliance Park, or All Park Alliance for Change. This was notified to the Mayor and City Council. We do have a staff representative attending this. This is for the 41 river crossing, and the All Parks Alliance for Change is a group of people that have concern regarding housing along the 41 river crossing, and they also are getting involved in protect the Seminary Fen as a part of that so they’re stemming out from th housing into the fen now. So they do have a meeting scheduled for March 20 at 6:00. That’s a Thursday at Eden Lake School in Eden Prairie so I do have staff members that will be attending this, and all was sent to you so I’d just let you know, you may attend but we will have staff representatives there. Mayor Furlong: What I would ask of members of the council, if you do plan on attending, just let Mr. Gerhardt know so that if, and let him know in advance if possible so if 3 or more of us are going to be there, they can be properly posted so, but again. Just let Mr. Gerhardt know if you plan to attend and he can take care of that. Thank you for bringing that to our attention. Todd Gerhardt: No problem. Last item is, take a look at Channel 8. We’re no longer doing power point presentations. We have a new software called Billboard, and it’s connected to the National Weather Service so you will see frequent updates on weather occurring in Chanhassen. So Laurie Hokkanen, the Assistant City Manager has done a great job in putting that out. I use it occasionally and check the time and the weather and what’s going on in Chanhassen so I think that’s a nice change. Councilman Litsey: It scrolls along the bottom then? Mayor Furlong: No, I have seen it and it’s looking good. Todd Gerhardt: That’s all I have this evening. Mayor Furlong: Thank you. Any questions for Mr. Gerhardt or the staff? No? Okay. CORRESPONDENCE DISCUSSION. None. Mayor Furlong: We will be immediately following adjournment we will be reconvening as the Economic Development Authority. Deal with some administrative issues and then continuing our work session immediately following that, if we can keep everybody awake. 74 City Council Meeting - March 10, 2008 Councilwoman Ernst moved, Councilman McDonald seconded to adjourn the meeting. All voted in favor and the motion carried. The City Council meeting was adjourned at 9:40 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 75