Loading...
CC 2013 11 12 CHANHASSEN CITY COUNCIL REGULAR MEETING NOVEMBER 12, 2013 Mayor Furlong called the meeting to order at 7:00 p.m. Boy Scout Matthew Clark from Troop 409 led the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilman McDonald, Councilwoman Tjornhom, Councilwoman Ernst, and Councilman Laufenburger STAFF PRESENT: Todd Gerhardt, Laurie Hokkanen, Paul Oehme, Kate Aanenson, Greg Sticha, and Tom Scott PUBLIC ANNOUNCEMENTS: Mayor Furlong: Thank you Matthew. Appreciate that and welcome to everybody here in the council chambers. We have a large contingent from Boy Scout Troop 409 here tonight. We’re glad that they joined us. They’re working on their communication and citizenship in the community merit badge. We also have some students from Holy Family High School observing us tonight so welcome to them and everybody else here and those watching at home. We’re glad that you joined us this evening. At this time I would ask members of the council if there are any changes or additions to the agenda. There is one item that we are adding to the consent agenda that was distributed by the City Manager this afternoon and it will be item E(8) and that deals with, what do you want to title that? Just an allocation of assessments for the Chanhassen Transit Station property? Todd Gerhardt: Yeah. Bloomberg Companies and Chanhassen Dinner Theater have come to an agreement on transferring assessments from Bloomberg Company over to the Chanhassen Dinner Theater property so the City Attorney has requested that the council approve transfer agreement and pass a resolution. Mayor Furlong: Okay, thank you. So at this point we will add that to item E(8). The eighth item on our consent agenda unless there’s objection and unless there’s objection we’ll proceed with the rest of the agenda as it was published. We’ll move now to the consent agenda. CONSENT AGENDA: Councilman Laufenburger moved, Councilwoman Ernst seconded to approve the following consent agenda items pursuant to the City Manager’s recommendations: 1. Approval of City Council Minutes dated October 28, 2013 2. Receive Park and Recreation Commission Minutes dated October 22, 2013 Resolution #2013-54: 3. Accept $500 Donation from Community Bank Chanhassen for the Senior Center Holiday Party. Resolution #2013-55: 4. Resolution Regarding the Administration of the Wetland Conservation Act. Resolution #2013-56: 6. Resolution Approving Year End (12-31-12) General Fund Surplus Transfers. Chanhassen City Council – November 12, 2013 Resolution #2013-57: 7. Resolution Approving Special Assessment Agreement between Bloomberg Companies, New Chanhassen Holding Company, LLC and the City of Chanhassen; Approve Assessment Reapportionment. All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS. None. POWERS POINTE; LOCATED AT THE SOUTHWEST CORNER OF POWERS BOULEVARD AND THE RAILROAD TRACKS, OUTLOT F, CHANHASSEN LAKES BUSINESS PARK; APPLICANT, UNITED PROPERTIES: A. REQUEST FOR PRELIMINARY AND FINAL PLAT REVIEW OF 16.94 ACRES ZONED INDUSTRIAL OFFICE PARK (IOP) AND SITE PLAN REVIEW FOR A 140,800 SQ. FT. OFFICE/WAREHOUSE BUILDING. B. CONSIDER APPROVAL OF DEVELOPMENT CONTRACT AND PLANS AND SPECIFICATIONS FOR A PUBLIC UTILITY. C. CONSIDER APPROVAL OF THE METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES SEWER CONNECTION AND MAINTENANCE AGREEMENT. Kate Aanenson: Thank you Mayor, members of the City Council. As you indicated, the agenda shows it as preliminary and final plat and that’s what you are recommending so I did that in motion. I apologize it’s not in the cover memo of the staff report. There’s actually three action items. Then what also besides the preliminary and final plat would also be the site plan approval. There’s also a development contract and approval for an agreement with the Metropolitan Sewer for access to their service line. As indicated this project is on 8100 Powers Boulevard. This property is not only guided. It has a land use designation of office industrial so it’s the appropriate zoning, as is the surrounding property around it office industrial. The entire site is just short of 17 acres. It is an existing outlot of a property that was part of the Chan Lakes Business Park which was platted in 1979 so here we are a number of years later finally getting a project on this. The complexity of this piece, besides the topography is it’s bordered by Riley Creek on the western side of the property. The City owns this parcel here. It was taken, there’s setbacks from that property. In addition you have the Twin Cities and Western Railroad on the north side of the property. There’s also a gas transmission. There’s also a utility easement running along this portion of the property too. So from the center of the site and from Riley Creek there’s a change in topography of 40-50 feet so that’s what’s made it challenging and so we’re excited that a project has come forward advancing this to a final plat. The subdivision itself is actually creating 3 lots. Lot 1 would be the 12.4 acres. That’s the site that the building will go on. Outlot B would be a potential future well site for the City. That’s that small, little .34 acres, and then Outlot A which is the significant amount of tree cover and slope and that will be put in through preservation. It’s difficult to built on that portion of the site. As shown you can see here the slopes and the creek running through the property. Again the shoreland district which is the property that the City owns right here right now, and then there’s steep slopes along here and I’ll show a little bit more detail regarding grading and drainage and the use of retaining walls on the site. There’s also wetlands on the site that were identified. Again the ones around the creek itself will not be disturbed but identification of the wetland as pointed out on this slide here. Identification that would need to be officially delineated and then this drawing also shows where there’ll be the underground water storage for their storm water. Because of the grades it wasn’t possible, there wasn’t any alternative site to put the storm water so it’s going underground. This is some of the reasons why this project has been slightly delayed. As they went out to bid and the numbers came back quite a bit higher so it’s been a lot of pencil sharpening on all parties. Landowners. The City is trying to be creative and the developer trying to get 2 Chanhassen City Council – November 12, 2013 this project to come to fruition. I think as we moved along everybody kind of understood why it’d been sitting there a little while. It was a very complex piece so but we’re happy to say that we believe we’ve got all the issues addressed now regarding that. So grading, one of the issues that was brought out is, as we get toward Riley Creek it’s very steep. You can kind of see in this area over here the steep grades and the trees and that’s where you have to connect to the sewer. Down to the Metropolitan Council’s utility line through that area. Wanted to make sure we minimize impacts in that area so care we want to make sure happens that we preserve that and not into the creek and provide the additional retaining walls. That was some of the other complexity. Additional retaining walls not only from the City’s perspective but also from the gas line added to the complexity. They want to make sure that the grading on the north side didn’t impact the gas line that runs next to the railroad tracks. So what’s shown here, these would be the walls that would be put in place with the City. Some of those walls as we put in the original report may be slightly different but you can see the lengths of some of those walls that were identified in the staff report. For example Wall 1 is 170 feet. Wall 2, these are just the lengths. Wall 2 would be another 175 feet. Wall 3, 190 feet and Wall 4 was 370 feet. Now some of those walls have been adjusted as we looked at ways to minimize some of the grading and reduce some of their costs on those retaining walls. What this doesn’t show is the additional wall that was required from the gas company to provide protection from their buried gas line there. Mayor Furlong: Ms. Aanenson, if I may. Kate Aanenson: Yep. Mayor Furlong: On that wall on the north property line there, along the railroad tracks then, will the drive lane there be below the wall or above the wall? Kate Aanenson: The grading’s actually I believe on the outside of this, right along the property line so they should be able to, the driveway’s still in place. That was another issue that was worked out in the beginning. They wanted full access there because you’re coming underneath the bridge there. The sight lines weren’t that great so they County did acquiesce and say they could have a right out, which help frees up their access for their trucking movements in that property. In the project. Mayor Furlong: And I guess what I’m trying to clarify is the drive lane there, the loading docks there on the north side of the building. Is that at a lower elevation than where the railroad tracks are and where the. Kate Aanenson: Quite a bit higher. I’ll show you a perspective in a moment. Mayor Furlong: Quite a bit higher. Kate Aanenson: Yep. Quite a bit higher. I’ll show you in a perspective. Mayor Furlong: Thank you. Applicant: Kate it’s lower. Kate Aanenson: Oh excuse me. Applicant: Yeah, the truck dock is lower than the tracks. Kate Aanenson: Oh I’m sorry. Yeah, I’m sorry from Powers Boulevard, it is lower. Okay. 3 Chanhassen City Council – November 12, 2013 Councilman Laufenburger: The wall prevents erosion from the tracks to the driveway on the retail. Kate Aanenson: Well also the gas company didn’t want additional dirt buried on top of their gas line so they didn’t want any grading because they had a construction easement to grade into that but they didn’t want additional dirt buried on top. Mayor Furlong: Maybe you could show us when you get to that point. Kate Aanenson: Sure. So this is a perspective from Powers Boulevard. You can see this site line, so you’re significantly higher going up. If you look at the bottom picture, the sight line from Powers Boulevard, the change in elevation. So one of the issues for the, that we looked at was you would see rooftop equipment. This site is really has limited visibility from all perspectives except for Powers Boulevard and the property to the north which has visibility to the loading docks and we’ll talk about that when we get to landscaping but they do have parapet walls that will be 12 to 24 inches so you shouldn’t see any rooftop equipment. So here’s the look at the architecture. Building materials are here. Highly articulated. We went through the findings for the subdivision and believe that it meets and exceeds all the standards that we have for the site plan review. Again highly articulated materials and would support the approval of that. There’s some additional drawings here that show their perspective. Again this would be on the south side. Again limited visibility because you’ve got that large stand of trees in addition to the preservation, the other 4 acres that the developer’s proposing to preserve. So again this is office warehouse showroom so the parking is adjusted to meet that, and here’s another perspective. Coming up off of Powers Boulevard on the northern access. One of the things that we did put in here, looking at this property, you’re connecting to a city trail on Powers Boulevard. That a sidewalk be added along this portion of the. Of that and that would get you down to the city trail and so that still needs to be incorporated into the plans and then the other thing, there’s some deficiency here. This is the most visible area then to the property to the north where they would see the loading docks. So this is where you’re asking about the change in grade from the railroad tracks. Mayor Furlong: Right. Kate Aanenson: Right, so you’re right. At that elevation. Mayor Furlong: How much higher are the railroad tracks there above the surface, the drive area? Kate Aanenson: Yeah, about 15 to 20. Mayor Furlong: 15 to 20? And how tall is the building itself? Kate Aanenson: Yeah, correct. 24 feet. So with that we did put the findings in for the subdivision and for the architecture. Again worked through a lot of issues here the last few weeks trying to resolve some grading issues and retaining wall issues but I think we’ve accomplished that and we also have a development contract for you to approve so there’s the preliminary plat. Preliminary and final plat and the approval of the development contract and then approval of the Metropolitan Council Environmental Services so it should say preliminary and final plat on that first one. Mayor Furlong: Okay. Kate Aanenson: So with that I’d be happy to answer any questions that you may have. Mayor Furlong: Thank you. Any questions for staff at this time? Mr. Laufenburger. 4 Chanhassen City Council – November 12, 2013 Councilman Laufenburger: I just have one Mr. Mayor. Kate is this action tonight, specifically I’m referring to the approval of the Met Council Environmental Services Sewer and Maintenance Agreement, is the action the City takes tonight final action or does this action have to go in front of the Metropolitan Council? Kate Aanenson: I’m not sure if it’s in the, what it states in the development contract. If that’s been approved. Maybe the City Engineer. Paul Oehme: Mayor, City Council members. I think that’s a staff approved agreement for the connection so it’s. Mayor Furlong: At the Met Council level. Councilman Laufenburger: Oh, it’s already been approved and we’re just using language that they? Paul Oehme: Yeah, it’s a standard agreement that Met Council gives to local entities to connect into their sewer system. Kate Aanenson: I think one of the issues that came up too is that we need to provide an additional easement because the Metropolitan Council wanted to make sure that they had an easement to get to that because it does become public. Originally it was going to be a private connection and that was one of the additional things that we put into the development contract so there is an easement covering that because it now becomes a public. Councilman Laufenburger: Okay. And I lied. I have a second question Mr. Mayor. I noticed that there are park fees associated with this. Kate Aanenson: This is correct. Councilman Laufenburger: Is that correct? Kate Aanenson: Yes. Councilman Laufenburger: But there is no, there’s no park land give away or anything or exchange or anything like that, is that correct? Kate Aanenson: No. No. For the conservation of the additional 4 acres, that was incorporated into the stormwater fees because that area is being preserved and have the trees. Councilman Laufenburger: That was the discount to the stormwater fees. Kate Aanenson: Correct. Councilman Laufenburger: Was the $60,000 or something like that. Kate Aanenson: That’s correct. Councilman Laufenburger: Okay. Thank you Kate. Mayor Furlong: Any other questions for staff at this point? I want to get back to questions on the northern landscaping. It’s requirement number, or condition number 3 under landscaping. Page 17 of the 5 Chanhassen City Council – November 12, 2013 Planning Commission staff report and I guess my question is, is this, it talks about the north and east property lines so it’s the green area that you have there. Does the east property line, does that include Powers Boulevard? Kate Aanenson: Correct. Mayor Furlong: For this condition. Kate Aanenson: Yeah. I think one of the things. Mayor Furlong: And is there, I’m sorry. Go ahead. Kate Aanenson: One of the things we looked at with the change in grading is that probably putting some sort of native vegetation up there. Something that doesn’t have to be mowed because now we’re going to be a little bit steeper right there so we’ll be working with the applicant to put something in there that’s really low maintenance. Probably it’s not somewhere you want to mow but something that’s a vegetative cover. Because of the elevation that I showed you, you’re really not going to have a lot of sight lines of that. Mayor Furlong: Right. Kate Aanenson: So I don’t think that it’s a big issue as really modifying it to the back. We did go over to the parking lot to the north of that site and you are looking towards those loading docks, and I know that was a complexity with the retaining wall. Trying to find that space so we are working with the developer to find that right balance on that. Mayor Furlong: And I guess that’s the question not, on the property to the north and it looks like that’s the back end, the loading docks of another industrial building. Kate Aanenson: Yeah. Mayor Furlong: Is that property higher or at the same grade as the railroad tracks or is that also lower? Kate Aanenson: It’s also lower. I can show that in the first photo. Yeah, the building sits in the middle of that. Mayor Furlong: Yeah. Kate Aanenson: But then there’s parking on either side. Mayor Furlong: Yeah. Kate Aanenson: So again trying to find that. It’s definitely lower. Mayor Furlong: I guess my question there, if there’s a question is buffer yard to me typically means we’re trying to buffer or hide or affect the view and I’m not sure that there is any view or if we’re protecting views from parking lots and loading docks, maybe we don’t need to be doing that if there’s some low maintenance planting that can be done up there. Minimize costs. I think that would make sense from a, and I don’t know if that condition needs to be adjusted for that. Kate Aanenson: Probably should modify that. 6 Chanhassen City Council – November 12, 2013 Mayor Furlong: Or am I missing something there on that from a site standpoint or? Kate Aanenson: Well there was a parking lot there and so we were just trying to find that right balance and again this condition was put in place before we added, before the developer was notified that he had to put a retaining wall and so no, I think if we want to modify that just to say to work with the applicant to provide screening so we’ll see how that retaining wall works out. Mayor Furlong: Okay. Kate Aanenson: They’ve worked, tried to get that modified. Reduced a little bit the size of that retaining wall and the length of it, yeah. Mayor Furlong: And again I think my question is one where we’re buffering a parking lot and loading dock from a parking lot and loading dock so I don’t know how much we need to be buffering from a view standpoint. But certainly from erosion and, would be appropriate. And so on the east side, is that the Powers Boulevard side? Kate Aanenson: Correct. Mayor Furlong: In this condition. And will the grading plan take out trees all the way on the east side of the lot? Will that have to be replanted? Kate Aanenson: Quite a bit of that. Mayor Furlong: Or will some of those current trees be preserved? Kate Aanenson: Well I think where the City is interested in the well site, I think the City Engineer’s asked that we not grade a majority of that but I think with the change in grading, some of that is going to be changed so that’s why we’re saying it needs some sort of ground cover. Some sort of. Mayor Furlong: And that makes sense. Especially on the east side I think. Kate Aanenson: Right. Mayor Furlong: You know appropriate landscaping there. Kate Aanenson: So when we say landscaping now, what we’re talking about now is probably some sort of native vegetation. Mayor Furlong: On the east side? Kate Aanenson: On the east side. Yeah. Mayor Furlong: Okay, because there are trees there now correct? Kate Aanenson: Correct. But that. Mayor Furlong: And maybe if you want to address this when you come up. Kate Aanenson: Yeah. Yeah. 7 Chanhassen City Council – November 12, 2013 Brandon Champeau: Yeah I’m Brandon Champeau. I’m with United Properties. Mayor Furlong: Thank you. Good evening Mr. Champeau. Brandon Champeau: The developer and owner for the property. Or future owner for the property. Thank you Mr. Mayor and council members. Yeah, the east side of the property the, I don’t want to say majority but I would say everything except for the entry roads, the main entry road and that secondary access, we’ll be conserving all the trees inbetween there, or conserving as much as possible. Mayor Furlong: Okay. Brandon Champeau: The way my civil engineer described it, he said there’ll still be a forest in front of the, just along Powers Boulevard there so. Mayor Furlong: Okay. So again I think to the specific issue of landscaping on the northeast side, working with staff but understanding the direction. I don’t know if there’s anything you want to add on that specific issue. And then I would like to have you have an opportunity to address the council on anything else you’re interested in at this point. Brandon Champeau: I guess yeah, the only thing I would add is that, well we appreciate all the work that Kate and Alyson and her staff have done. Mayor Furlong: Thank you. Brandon Champeau: This was a very challenging site to figure out and it came down to the wire last week but we’re excited about the outcome and I think you know where we’re at right now is going to allow us to proceed with this and as a company we’re very excited to get going so. Mayor Furlong: Great. Anything else you can tell us about the development of the property? Brandon Champeau: Our plan would be to break ground in a couple weeks on it. We still haven’t closed on the property so obviously we have to do that first but that will be the next step after tonight and no, I mean I guess it’s an exciting project. This is a market that is really difficult for tenants to find space in and especially newer space. I mean it’s just an established market so we’ve had a lot of interest, even you know with companies not even knowing if we’re going to proceed. We’ve got a lot of people interested in the project so we’re really excited to get going. Mayor Furlong: Thank you. Any questions for Mr. Champeau from the council? Kate Aanenson: I did kind of gloss over but it’s 140,000 square feet. We haven’t done that much raw so it’s very exciting. Mayor Furlong: Right, it’s a significant. Kate Aanenson: Yeah, and he hasn’t shared with you but he has some strong interest in some significant users so we’re pretty excited to again trying to keep this going and get it graded and move forward so. Mayor Furlong: Alright, thank you. Mr. Laufenburger, did you have a question? Councilman Laufenburger: No. 140,000 I’m excited about the opportunity here. 8 Chanhassen City Council – November 12, 2013 Mayor Furlong: Absolutely. Any other questions for Mr. Champeau? Thank you. Brandon Champeau: Thank you. Mayor Furlong: Appreciate it. Let’s bring it back to council then for comments and discussion. Thoughts and comments. Mr. Laufenburger, why don’t you just start. Councilman Laufenburger: Yeah, I did have a question for Mr. Oehme. The Outlot B, which is identified as a potential site for a future well, is there anything that we have to do to validate or qualify that particular location for the well? Are we confident that the aquifer’s down there and a reasonable length, etc? Paul Oehme: Yep Mr. Laufenburger, it was probably about 5 years ago, 6 years ago that the City did initiate a well study for the community and this site was identified as a high valued site for future wells. For a future well. You know especially if the future well would be a Jordan well, the Jordan in that area is fairly consistent. It’s kind of a known quantity so we’re fairly confident that if a well would go in there in the future, especially in a Jordan, it would be a good producer. Councilman Laufenburger: And the size of the Outlot is sufficient to support a well and all of the machinations that would be needed for that, is that correct? Paul Oehme: Right, I believe it is. The size of the outlot was sized specifically for the necessary setbacks. Setbacks that are required for the… Councilman Laufenburger: Thank you Mr. Oehme. Well Mr. Mayor I, as I was reviewing this in the packet and heard rumblings about this, this is a wonderful, will be a wonderful addition. I’m excited for United Properties and all of the people that potentially will be stepping in here for, be it for retail or for warehousing, as Mr. Champeau has said. There’s need for this type of space, especially new space. Get some new blood, new business blood in the community so I will support this. Thank you. Mayor Furlong: Thank you. Other comments? Councilwoman Ernst. Councilwoman Ernst: Sure. Well it has been indicated. You know it’s been a challenging project and I just appreciate the collaboration with everyone involved to make such a great project so I would definitely support the project as well. Mayor Furlong: Thank you. Any thoughts Councilwoman Tjornhom? Councilwoman Tjornhom: Yeah, I definitely will be supporting it also I think for all the reasons that Councilman Laufenburger already mentioned so. Mayor Furlong: Thank you. Mr. McDonald, any comments? Councilman McDonald: No, I would just go along with the rest of my colleagues on the council. I think it’s a good opportunity and welcome to the neighborhood. Mayor Furlong: Yeah, I concur. Appreciate, I know that it was a challenge as was mentioned and thank you so much for working and dealing with the challenges and find solutions. This is going to be a nice development and opportunity for more businesses to locate here or expand in the city which is what we’re always looking for and so very much welcome and look forward to seeing it get going here in the next 9 Chanhassen City Council – November 12, 2013 weeks. I hope that works out. So with that let’s, why don’t we, unless there’s an objection I think we can deal with all these items in a single motion. So Kate, do you mind putting that up, that motion up there again and this is both preliminary and final for A, is that correct? Kate Aanenson: Correct. That’s correct. Mayor Furlong: Entertain a motion. Would somebody like to make a motion? Councilman McDonald: I’ll do it. Mayor Furlong: Mr. McDonald. Councilman McDonald: I make a motion that the City Council approves a preliminary plat of 16.94 acres into one lot and two outlots. Powers Pointe would be the name. Site plan approval for construction of a 140,000 square foot office warehouse building and adoption of the attached Findings of Fact. Also approval of the development contract and plans and specifications for a public utility. And finally approval of the Metropolitan Council Environmental Services Sewer and Maintenance Agreement. Mayor Furlong: Thank you. And just for clarification, for A it would be preliminary and final plat, is that correct? Kate Aanenson: That’s correct. Mayor Furlong: Is what we’re looking for tonight Mr. McDonald? Councilman McDonald: Yes. Mayor Furlong: And then if we can include under condition 3 under landscaping, to pick up the comments from the notes. Our earlier comments, if that’s okay. Councilman McDonald: I would concur and that’s fine with me. Mayor Furlong: Thank you. Councilman Laufenburger: Second. Mayor Furlong: Motion’s been made. Motion’s been seconded. Thank you Mr. Laufenburger. Any discussion on the motion? Hearing none we’ll proceed with the vote. Councilman McDonald moved, Councilman Laufenburger seconded that the Chanhassen City approve a Preliminary and Final Plat of 16.94 acres into one lot and two outlots Council (Powers Pointe); Site Plan Approval for construction of a 140,000 square-foot office/warehouse building as shown in plans dated received September 20, 2013 subject to the following conditions, and adoption of the attached Findings of Fact. Planning 1.The applicant shall enter into a site plan agreement. 2.The architecture shall be revised to match the plan dated October 4, 2013. 10 Chanhassen City Council – November 12, 2013 3.Recycling space shall be contained within the trash enclosure located on the north side of the building. 4.All signs including future business wall signs are required to obtain permits and meet city standards. Landscaping 1.The applicant shall install a total of 11 islands/peninsulas in the parking lot and 66 trees. 2.The applicant shall specify a columnar evergreen species for the northeast landscape peninsula. 3.The applicant will work to provide screening along the north and east property lines. 4.The applicant shall correct the botanical name for Imperial honey locust in the plant schedule. Park 1.A sidewalk shall be placed along the entrance drive at Lake Drive West that connects to City trails. 2.Full park fees in lieu of parkland dedication shall be collected in full at the rate in force upon final plat submission and approval (2013 rate at $12,500 per acre). 12.40 x 12,500 =$155,500 Building 1.The buildings are required to have automatic fire extinguishing systems. 2.Building plans must be prepared and signed by design professionals licensed in the State of Minnesota. 3.Retaining walls over four feet high must be designed by a professional engineer and a permit must be obtained prior to construction. 4.Detailed occupancy related requirements will be addressed when complete building plans are submitted. 5.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. 11 Chanhassen City Council – November 12, 2013 Engineering 1.Outlots A and B shall be deeded to the City by Limited Warranty Deed upon recording of the final plat, subject to review of an updated title commitment to the Outlots and approval of title by the City Attorney. A use restriction preserving the property for open space may be recorded against Outlot A by Developer immediately prior to the recording of the Limited Warranty Deed, provided the use restriction has been approved by the City Attorney. These use restrictions may be modified by approval of the City and the owner of Lot 1, Block 1, Powers Pointe. The property being conveyed to the City shall be subject to all easements of record, provided the easement does not interfere with the City’s intended use of Outlot A, and a Declaration of Development Standards and Protective Covenants dated December 19, 1988, as document no. 59565. Developer shall use commercially reasonable efforts to cause this declaration to be removed from title by a proceeding subsequent to be completed after the plat has been recorded. 2.The sight line and turning movement information for each access must be submitted to Carver County for review and approval. 3.The developer must obtain the necessary permits for the work within the Powers Boulevard right of way and submit any required security before work in the right of way can commence. 4.The current streetlight locations provide adequate lighting at the proposed driveway intersections. 5.This parcel was not assessed for the trunk watermain improvements; therefore, the City Water Access Charge (City WAC) shall be collected with the building permit at the rates in effect at that time. 6.The City Sewer Access Charge (City SAC) is waived because the property was assessed and paid the trunk sanitary sewer fee with City Project 78-3. 7.The developer’s contractor must notify the Chanhassen Utility Department a minimum of 72 hours in advance of the wet tap. 8.Prior to installation of the private watermain the developer must obtain any necessary permissions to install the hydrant within the gas and electrical easement on the site. 9.The property owner shall pay for any costs incurred from the terms of the MCES agreement within four (4) years of sanitary sewer connection. 10.Prior to connection the developer shall acquire the necessary permits/permissions to connect to the Met Council sewer and must obtain an MPCA Sewer Extension permit. 11.Staff and the developer’s engineer are working to modify the storm sewer design at the full access to improve energy dissipation. Design changes must be completed prior to City Council consideration of the final plat. 12 Chanhassen City Council – November 12, 2013 12.The developer must provide catch basin spacing calculations to Carver County for review and, if necessary, provide additional catch basins prior to City Council consideration of the final plat. 13.Upon City Council approval of the final plat, the developer is authorized to proceed with site grading operations prior to submittal of the final plat and related documents, provided that the project security has been submitted. 14.Before the retaining wall can be constructed the developer must obtain the necessary approvals (if any) to install the wall within the gas and electrical easements. 15.Walls over four feet high require a building permit and must be designed by an Engineer licensed in the State of Minnesota. 16.Temporary sediment basin(s) will be required during mass site grading. 17.Dewatering of temporary sediment basin(s) will require the use of a floating skimmer methodology. 18.Winter shutdown will require all exposed soils to be stabilized. If soils are frozen, the site shall be hydro mulched. If the site is snow covered the area will need to be frost seeded and have straw mulch blown atop the snow. This shall be included as a note in the erosion prevention and sediment control plan and within the Storm Water Pollution Prevention Plan (SWPPP). 19.The SWPPP and all pertinent plans shall be updated to reflect that Lake Susan is within one mile of the site, receives drainage from the site and is impaired for excess nutrients. 20.Appendix A of the General Permit Authorization to Discharge Stormwater Associated with Construction Activity under the NPDES shall be incorporated into the Erosion Prevention and Sediment Control Plan, the Grading Plan, the SWPPP and the storm water management plan as well as anywhere else it applies. 21.Prior to recording of the final plat calculations shall be provided showing that one inch of runoff from the new impervious surface is retained on site either through infiltration and/or reuse from the underground storm sewer vaults. 22.Construction of the rain garden shall not occur until after the majority of the site is stabilized and at least the base course is installed in the paved areas. 23.The proposed rain garden area shall be protected from construction-related activities until such a time as it is ready to be constructed. This shall be indicated on the plans where appropriate. 24.Best Management Practices such as j-hooked silt fence or properly sized and staked biorolls or wattles shall be installed to break up the run on the slopes located in the southeast and southwest corners of Lot 1. 25.The plans shall include all pertinent setbacks and buffers including: 13 Chanhassen City Council – November 12, 2013 a.Shoreland Overlay District (300’ from centerline of Bluff Creek) b.Fifty (50) foot setback from Riley Creek. c.All bluff impact zones. d.All wetland boundaries and buffers from those boundaries. 26.Given the proximity to the wetland along Powers Boulevard, the applicant shall make available the necessary evidence to determine that no loss of jurisdictional wetland will result from the proposed activities. 27.Vegetative and topographic alterations shall only occur as necessary for the construction of the facility and appurtenant infrastructure. The wall located southwesterly on the site labeled “Wall 2” in the staff report, shall be relocated easterly to minimize aforementioned alterations. 28.Tree preservation shall occur in those areas where grading is not integral to the intended purpose or construction of the site. Tree protection fencing shall be shown on the plan and installed concurrently with the initial erosion prevention and sediment control BMPs. 29.Stabilization of all exposed soil areas must be initiated immediately but in no case later than seven (7) days after construction activities have permanently or temporarily ceased in that area. 30.The $240.879.40 Surface Water Management Fee must be paid before the final plat is recorded. The fee was calculated as follows: Water Quality 12.4 acres($16,440/acre)= $203,856.00 Water Quantity 12.4 acres($8,110/acre)= $100,564.00 SWMP Credit 7.73acres (0.5*$16,440/acre)= -$63,540.6” All voted in favor and the motion carried unanimously with a vote of 5 to 0. Councilman McDonald moved, Councilman Laufenburger seconded that the Chanhassen City approves the Development Contract and Construction Plans and Specifications for Council Powers Pointe. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Councilman McDonald moved, Councilman Laufenburger seconded that the Chanhassen City approve the attached Metropolitan Council Environmental Services Sewer Council Connection and Maintenance Agreement, MCES Connection Permit No. 1792, MCES Interceptor No. 8253-328. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Furlong: Thank you everyone for being involved. RESOLUTION APPROVING CONCURRENT DETACHMENT AND ANNEXATION OF LAND WITH THE CITY OF VICTORIA. Kate Aanenson: Thank you Mayor, members of the City Council. This is, we haven’t done one of these for quite a while. An annexation detachment and this came about from working with 14 Chanhassen City Council – November 12, 2013 some of the neighbors that are kind of stuck between the two cities and so we looked at it from a practical perspective and working with the City of Victoria came with a resolution. So what started as a project that was done in 1958, the Pleasant Acres. This is how this subdivision looked and then Pleasant Acres Second in 1959 included all this parcels. So everything was going along until in 1966 Victoria did an annexation and they ran their property line right through the middle of some of those parcels. So this red line now represents the city jurisdictional line between Victoria and Chanhassen so it split a piece of property off from the church. It split right down the middle of two homes and then this lot here, and what precipitated this last discussion was this homeowner here came in trying to see if they could get a lot, they thought they had a separate lot. When you have a lot of record then it’s a little bit different how you would challenge that as far as getting a building permit but as it was determined it’s part of the Pleasant Acres. It’s actually one lot. It just has, it’s taxed under two different jurisdictions. Victoria for the vacant lot and Chanhassen for the one with the house that was on there. All of these properties are serviced by City of Chanhassen sewer and water and they’re also plowed by the City. They gain access through a city street so in looking at the practicality of how those properties are being served, this lot being in Chanhassen, a little bit more problematic because of it’s slope. Being able to, whether or not it can be developed or not and then this parcel to the back in the city of Victoria and then clearing up both of these homes so they’re under one jurisdiction because when they go to get additions to their houses, things that would need building permits, they come. They don’t know if they should go to Chanhassen or Victoria so trying to clear all that up. So between the two cities we did meet. Had a neighborhood meeting. Only one of the neighbors showed at that meeting. We did send notice out to the 5 property owners that were affected by this to let them know of the meeting. If they had questions. I did send a staff report to one of the neighbors. The City of Victoria approved the resolution on their th meeting October 28 and they also notified all the property owners that would be affected by this potential annexation detachment. So what would the new property line would then be, the outside of this yellow line here. Coming down, picking up all those properties and then picking up the church piece would then now be part of the city of Chanhassen. We left these parcels off that are in Victoria. This is a street that’s maintained by the City of Victoria and those are all still on septic and wells so it’s not the same issue as far as they’re being accessed. We’re plowing their streets. Providing sewer and water so we left those to be dealt with by this, as they are with the City of Victoria. How they’re being treated. We also did an impact, looking at the th taxes in 2013. Because this is after August 8, then the taxes will probably be still paid to the same jurisdictions and that won’t be completely rolled over until 2015. So the action that we’re requesting that the council take tonight is to approve the Joint Resolution that’s required by state statute and again the City of Victoria has approved that and I put a copy in there for your review. So if you would approve that resolution then this would go up for the review by the Administrative Law Judge so if you have any questions on that we would recommend that you approve the resolution and I’d be happy to answer any questions if you have them. Mayor Furlong: Thank you. Any questions for staff? Councilman McDonald: I have one question. Mayor Furlong: Mr. McDonald. 15 Chanhassen City Council – November 12, 2013 Councilman McDonald: Have you got something that shows what the new city lines will look like as far as the new boundaries? Kate Aanenson: No I don’t. Just the outside of the, outside of this yellow line following along. And coming back and then this yellow line here. Councilman McDonald: Okay. That’s it. Thank you. Mayor Furlong: No questions? Councilman Laufenburger: I do have one yeah. Kate so this action by Victoria was done in 1966. At that time Chanhassen was a township is that correct? Kate Aanenson: Yes. Councilman Laufenburger: So it’s not like they inappropriately took some of our land. It’s just that. Kate Aanenson: No, if you look at the boundaries of the cities, that just went straight up and some of the oldest parts of the city are actually that northern part of Minnewashta. Lake Minnewashta. That was platted pretty early following along Highway 7 where there was good access so they just brought the line straight up but they ignored the fact that they were splitting lots and the homes probably came later but the lots were platted and so it just creates a lot of conflict. Councilman Laufenburger: Is there any other property like this on any of our boundaries? Eden Prairie. Minnetonka. Anything like this as far as you know? Kate Aanenson: There might be one or two. I think some of the complexity comes in and we actually have people are getting different taxes where they’re split by watershed districts. If they’re in different watershed districts or school districts. We have some of those kind of boundaries. We are working, we have a list of PID’s where they’re not assembled so we’re trying to get those resolved with the County. Sometimes somebody lost a piece of land that was forfeited for taxes and it really belongs with that parcel and it’s landlocked so we’ll be trying to resolve those in the next year. Councilman Laufenburger: So we deal with them as a situation comes up. In this case somebody was looking for a permit. Kate Aanenson: Correct, and some of the other ones we’ve advised residents. You know we’ve talked to them. Brought them in. Maybe their timing isn’t right to resolve these issues but we’ve tried to inform people as we become aware of them. Yep. Councilman Laufenburger: Okay, thank you. Kate Aanenson: But this one seemed a little bit more complicated with the lot lines going through the house. Right through the middle of the house. We don’t have that too often. Councilman Laufenburger: How do they know where they live right? Kate Aanenson: And vote. Councilman Laufenburger: Now they will. 16 Chanhassen City Council – November 12, 2013 Mayor Furlong: Now they will. Councilman Laufenburger: Thank you very much Kate. Thank you Mr. Mayor. Mayor Furlong: Any other questions? Comments. Kate, thank you and also please extend our appreciation to your counter part in Victoria. Kate Aanenson: Yeah, Holly did a lot of work on this too. Mayor Furlong: I think this is good government when we can clean these things up and do it in a way that makes sense for everybody so just thank you for doing this and I appreciate the City of Victoria as well for their working on this with us. With that if there are no other comments, I’d be happy to entertain a motion. Councilwoman Ernst: Sure Mayor I’ll make it. Mayor Furlong: Councilwoman Ernst. Councilwoman Ernst: I make a motion that City Council approve a resolution for the concurrent detachment and annexation of land with the City of Victoria. Mayor Furlong: Thank you. Is there a second? Councilman McDonald: Second. Mayor Furlong: Motion’s been made and seconded. Any discussion? Seeing none we’ll proceed with the vote. Resolution #2013-58: Councilwoman Ernst moved, Councilman McDonald seconded that the City Council approve a resolution authorizing the concurrent detachment of land from Victoria and annexation to Chanhassen. All voted in favor and the motion carried unanimously with a vote of 5 to 0. COUNCIL PRESENTATIONS. Councilman McDonald: If I could, what I would like to bring out is that yesterday Councilman Laufenburger and I attended the Veteran’s Day program over at Chapel Hill and all I can say is you know speaking as a veteran and also as a City Council member I was very impressed by the program. I think they do an excellent job of bringing in veterans from throughout the community. They had a number of little skits and plays that again the school participated in. The students there were just amazing and I mean the patriotism you can almost feel it so I was very proud to you know represent the City and to go there and I would encourage everyone to go next year when they do this. This is an annual program but it was just amazing to meet the people who were there and participate in a program so my hat’s off to Chapel Hill. It was a very, very good program. It’s not to take away from Saturday’s program but I’ll let Mr. Laufenburger talk about that one. Mayor Furlong: Mr. Laufenburger. Councilman Laufenburger: Actually I was going to leave the Saturday program to be talked about by either you or my other two colleagues but I was at Crown College yesterday and they had a similar program. They didn’t have the same age group of kids at Crown College as they did at Chapel Hill 17 Chanhassen City Council – November 12, 2013 Academy but nonetheless the program was very good. Former council member of City of Chanhassen, Council Bob Ayotte spoke and shared some very valuable insights on the importance of recognizing veterans for their service and it just reminded me of another attempt on the part of President Joel Wiggins to make that college open to the community so that was done very, very well. And there was something on Saturday but I don’t recall all of that. Mayor Furlong: Councilwoman Ernst. Councilwoman Ernst: Well I’ll defer to the Mayor to make the comments on Saturday’s event. For the breakfast. Mayor Furlong: That’s fine. Beyond the Yellow Ribbon Chanhassen put on a great breakfast in cooperation with the American Legion for about 120 people at the American Legion to honor and show our community’s appreciation for the veterans. This is the second annual breakfast, Military Appreciation Breakfast by the Beyond the Yellow Ribbon group and well attended. Other than the welcome very good speeches, and I say that in jest. It was great to appreciate and to show recognition for everybody. And then on top of that I know Mr. Laufenburger and I also attended an event yesterday morning at Chaska Middle School West, which is also, these are middle school students now did a great job of bringing in probably about 30 to 40 veterans I would assume, if my math is correct and very, very well done again and the band played and the choir sang and there was a soloist, some speeches and just another great event. And I think all of these together are great, shows just the overall appreciation within our community for those who are serving and have served and for their families too. It’s not just the individual serviceman or servicewoman that makes that commitment but it’s the family as well so great event. Glad to hear about it and hope to continue participating in those going forward. Other comments, council presentations? One thing just a quick comment of thanks and appreciation to all the people who th participated in the November 5 election for the school board and school referendums. Glad to see that participation was as high as it was so thank you to everybody that participated and voted. ADMINISTRATIVE PRESENTATIONS. Todd Gerhardt: Just an update. I think it was at our last council meeting we were going to call for a public hearing for the sale of bonds to kind of extend out the payments for the 212 improvements. Sewer and water into the 2005 MUSA area. Since the last meeting additional payments did come in so the dollars to pay off those bonds are probably at the level where we don’t need to sale bonds and so we have cancelled that bond sale and will be looking to fund it internally. Any questions on that? Mayor Furlong: Questions? Councilman Laufenburger: Yeah just Mr. Mayor. Mayor Furlong: Yeah. Councilman Laufenburger: Mr. Gerhardt. The fact that we have those funds, will there be any savings for the City as a result of that? Todd Gerhardt: Yes. Significant savings. Just the bond sale itself would probably be in the $45,000 range and then the additional interest that we’d have to pay for that extension is probably in the six figure. Councilman Laufenburger: Okay. So that represents, that’s a good amount of money but we’re not putting that fund at risk by using those monies, is that correct? 18 Chanhassen City Council – November 12, 2013 Todd Gerhardt: No. No. Councilman Laufenburger: Okay. Alright, thank you. Nice job. Mayor Furlong: Thank you. Any questions for Mr. Gerhardt or his staff? Mr. Oehme, any updates on the street projects. Various street projects and road projects in town. Paul Oehme: Sure. Mayor, City Council members. The big 101 project down to Pioneer Trail, most of that roadway has now been paved for the year. Everything’s 4 lane pavement was put in last week down thth to 96 Street. They are going to be paving a little transition section south of 96 Street this week. Striping should go on the following week and signage so we’re anticipating opening up 101 later half of stnd the third week of November. The 21 or 22 so we’ll get notification out when we know, when the time gets closer to exact date when that will be open so. Mayor Furlong: Good. Thank you. Pleasant View and 101 project. Paul Oehme: Pleasant View and 101, the striping contractor said he’s going to be out there tomorrow striping the lanes so we can get the barrels off the Highway 101 so, and restoration crews, trees should be going in this weekend or next. Mayor Furlong: Very good. Any outstanding issues on the neighborhood projects this year? Melody Hills. Paul Oehme: Melody Hills. Mayor Furlong: Not specifically that one but the 4 or 5 neighborhoods. Paul Oehme: Sure. That project more or less wrapped up for the year but there’s still a bunch of punch list items that need to take place and then some restoration that’s going in next year now but you know we’re pretty much done with that project for the year. Mayor Furlong: Great, thank you. Very good. CORRESPONDENCE DISCUSSION. None. Mayor Furlong: If there’s nothing else to come before the council, we will continue our work session item that we recessed in the Fountain Conference Room immediately following tonight’s meeting, but at this time is there a motion to adjourn? Councilwoman Ernst moved, Councilman McDonald seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The City Council meeting was adjourned at 7:45 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 19