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1c. Extension of Final Plat, Burdick 2nd Addition M 1c. r_ w CITY OF I i r• . _ . N _ , --_ _.- e- vk. L. .---- CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147• CHANHASSEN,MINNESOTA 55317 I ' (612)937-1900• FAX(612)937-5739 Action by CItY AdminfstFatBT FMotue R- liodif4c' I MEMORANDUM Rejecte De: —6 — O TO: Don Ashworth, City Manager Date Submitted to Commission IFROM: Jo Ann Olsen, Senior Planner U Date Submitted to Coi*4 DATE: June 6, 1990 //—'/O ISUBJ: Burdick Second Addition - Final Plat IOn August 3, 1987, the City Council approved the Burdick Second Addition final plat. If after two years from final plat approval, the plat has not been filed with :Carver County, the City has the I right to require the applicant to 'again go through the final plat ' review. The mylars for BurdickSecond Addition had been submitted for City signatures but they did not contain the required I easements. Until all of the easements required for approval had been submitted, the City would not release the plat. The applicant refused to revise the plat and the question of the validity of Ieasement requirements was in the process of being litigated. The applicant has now agreed to provide the required easements and wishes to proceed with the filing of the plat. Since it has been I well over two years since final plat approval, and the plat will now show the required easements, staff requested that the applicant submit new plat sheets with the requiredohaiged for staff review I and City Council approval. The following easements are required to be shown on the final plat: 1. Standard utility and drainage easements ,on each lot, being 10 foot easements on all exterior `lot`° "lines `linciuding the southerly lot line) and 5 foot easements onpthe' interior lot lines. A 2. A drainage easement over _ he proposed on-site storm water retention pond. .. . 3. A 15 foot utility easement -all along the West 78th Street frontage centered over the existing sanitary sewer line as 1 shown on the attached plan sheets 2 and 3, Project No. 87-30. 4. A temporary and permanent trunk sewer easement as shown in Attachment #1. I 11 4 11 Burdick Second Final Plat June 6, 1990 Page 2 ' 5. A temporary cross-drainage easement encompassing the existing drainage ditch on the subject property to accommodate drainage from the property to the north until the West 78th Street detachment improvements are completed. The submitted plat provides for the easements requested under ' Condition #1, #3, and #4 and is consistent with the approved preliminary plat. The drainage easement over the proposed on-site storm water retention pond (#2) should reflect the future drainage easement as shown on MnDOT plans (Attachment #4) . A second 1 document should be submitted for the cross drainage easement (#5) . A final minor correction to the plat is to show the correct easement arrows on Lot 2. '; °: =___:.__<_ = The plat also shows the ' street as C.S.A.H. 16. The County has vacated this and it is now West 78th Street. The final plat should reflect this change. Right-of-Way ' The Minnesota Department of Transportation (MnDOT) is in the process of obtaining additional right-of-way from the subject site for Hwy. 5 improvements. The negotiations are in the final stage so that the right-of-way description is farily definite. Staff requested the applicant to designate the right-of-way as an outlot so that the outlot could be transferred to MnDOT and the remaining lots would correctly reflect the property lines. The applicant does not wish to designate the right-of-way as an outlot at this time. Therefore, staff is recommending that the applicant enter into a development contract which will require the applicant to replat the property once condemnation is completed. ' RECOMMENDATION Staff recommends the City Council adopt the following motion: ' "The City Council approves the final plat #86-6 for Burdick Second Addition as shown on the plans dated June 4, 1990, subject to the following conditions: ' 1. The drainage easement shown on the plat shall be amended to be located over the future drainage easement as shown on the MnDOT plan. 2. A separate document shall be submitted which provides a ' temporary cross drainage easement encompassing the existing drainage ditch on the subject property to accommodate drainage from the property to the north until West 78th Detachment Improvements are completed. 3. The easement arrows shall be corrected on Lot 2. i 1 Burdick Second Final Plat June 6, 1990 Page 3 4. The C.S.A.H. 16 designation shall be removed from the plat and instead designate the street as West 78th Street. 5. The applicant shall enter into a development contract with the 1 City which will require replatting the property once condemnation of MnDOT right-of-way is completed." ATTACHMENTS 1. City Council minutes dated August 3, 1987. 2. Letter from Barbara Dacy dated August 6, 1987. 3. Letter from Jo Ann Olsen dated May 29, 1990. 4.. Plan with MnDOT drainage easement. ' 5. Final plat dated June 4, 1990. 1 i 1 1 1 1 1 1 1 1 1 1 • r, City Council Meeting - August 3, 1987 7. Fire hydrant placement shall be as follows: [-- a. one at each entrance. ' b. Cne on the west side of the building in the alley around the building, one-half the distance to the errs of the street. I . 8. No signage will be allowed on the gas canopy. 9. All rooftop equipment shall be screened. 10. The trash enclosure shall be screened on three sides with a 100% opaque screen one foot higher than the trash receptacle. ' 11. There shall be no unlicensed or inoperable vehicles stored on premises and no repair, assembly or disassembly of vehicles. 12. No public address system shall be audible from any esidential parcel and no sales, storage or display or used automobiles or other vehicles such as motorcycles, snowmobiles, or all-terrain vehicles. 13. 10 foot easement be placed over existing utilities in areas of right-of-way to be vacated. ' 14. The "temporary" status of the storage pond on Lot 2, Block 1 is subject to the feasibility study being completed by BRW, along with the City Engineer's approval. 15. Submittal of a satisfactory Grading and Erosion Control Plan, especially as it relates to fill and ponding areas. 16. The applicant shall come back for Planning Commission and City Council review if the structure is constructed in phases. 17. A free right turn easement be made at the intersection of Powers Blvd. and West 78th Street. 18. The applicant receive all the necessary permits from appropriate agencies i.e. Watershed District, etc.. All voted in favor and motion carried. REALIGNMENT OF WEST 78TH STREET: CONSIDERATION OF FINAL PLAT, BURDICK 2ND ADDITION. Barbara Dacy: This item was tabled from the June 29th Council meeting so ' that two issues could be resolved regarding the subject plat. One was the permanent and temporary utility easement as needed by the city in regards to the current sewer construction project that is occurring in West 78th [E7 Street. The second issue was the drainage issue which again, was to be . resolved prior to this evening in the feasibility study. The Council action 16 II _ . 149 _ City Council Meeting - August 3, 1987 I/ ! was to go for Alternate A which directs the drainage to the west to the Eckankar site. Therefore, the second condition of approval on the plat should be that a drainage easement should be indicated somewhere on the plat with enough area to accomodate the run-off that would occur from just the II proposed five lots. The Attorney's office says the utility easements have been instructed to work with the applicant on that issue. Therefore, Staff is recommending approval of the final plat subject to retaining the II premanent utility easement as is shown in Attachment #1 and providing that the applicant provide a temporary easement as requested in Attachment #1. Secondly, reserving a drainage easement encompassing an are that meets the II storage requirements generated by final plat. B.C. Jim Burdick: The final plat was approved two weeks ago. All of you were nice enough to approve it unanimously. I was shocked when Brian saw II this in the newspaper and called it to my attention. I didn't know it was coming up tonight. 13 months ago the preliminary plat was approved and two weeks ago the final plat was approved unanimously so I don't even know what II we're talking about tonight. These easement things don't have anything to do with the plat. I have some very interested people down there and all this would be doing is holding it up. In other words, 2 weeks ago you approved it unanimously and the only requirement was a formality that the II City Manager, the Mayor and we sign the plat and take it to Chaska. Mayor Hamilton: I think Jim you're correct in saying two weeks ago on the ' agenda it did appear as though the final plat approval was on there. In fact what that was was the extension of the one year period of time so the time period would not lapse on your plat and I believe it may have been an II error in typing up that. We did extend for 6 months the plat approval process so that this could be done without your having to go back through the whole process again. There isn't any intent on anyone's part to hold you up or to keep you from doing anything that you want to do with your I property and I'm a little surprised that the utility easements haven't been completed prior to this time since it was quite some time ago that we asked _ the City Attorney to work with you on getting those. I know that you have I given easements for going across your land to put in the utilities so that doesn't appear to be a problem but I guess I don't understand the whole process. Why that hasn't been completed especially when Jim has been more _ than willing to let the company on the land to do whatever they want to do. II Barbara Dacy: Just for an update, I did speak with Mr. Farrell on Wednesday and he was going to give your attorney a call at the end of last week. I did not hear back from Mr. Farrell about the utility easements. I just II wanted to clarify for the record also that despite the dispute on the final plat or when it was approved or whatever, the issues are that the utility Ieasements and the drainage easement issues arise as a result of the projects that have occurred within the last 6 to 12 month period. During the past year we've authorized that sewer improvement. Mr. Burdick received preliminary plat approval I believe it was May of 1986. That project was I authorized beyond that. The drainage issue arose from the Watershed District study where we're without County stormwater management plan again resulting in the need to go back and look at the function of that entire area so the final plat is up for consideration tonight for official action - 17 I I I 10V City Council Meeting - August 3, 1987 by the Council. We believe the two conditions are reasonable and typical of plat reviews. B.C. Jim Burdick: But gentleman, if I can speak for another moment, I do ' not believe that this is the situation at all and I have been held up for a month. I would like to give you the transcript of the last meeting. ' Mayor Hamilton: I don't think that's necessary Jim. We've had it. We've read it. ' B.C. Jim Burdick: There's no question it was passed and I have no position except this is just delaying me and I'm being harmed and if this had been brought up because of the preliminary plat 13 months ago, fine but when the plat is approved as Attorney William Frank Kelly said, the ballgame is over. ' It's just a formality from then on in and all I want to do is go ahead with this formality of signing the plat and filing it. ' Mayor Hamilton: Well, as soon as we finish this evening you'll probably have the opportunity to do that and I guess if you feel you've been harmed or grieved in some way, then there are ways to remedy that. ' Councilman Johnson: Do you have a problem with the two conditions? B.C. Jim Burdick: Absolutely. Completely. ' Mayor Hamilton: Why? B.C. Jim Burdick Because it has nothing to do with the plat. I'm willing ' to sit down anytime and discuss those and discuss this easement with some 'responsible person but it has nothing to do with filing of the plat. ' Councilman Johnson: Easements have to be on the plat, do they not? Barbara Dacy: I would suggest also that if we wouldn't have acted to extend ' preliminary plat approval and a recommendation could have easily have been because of the changed conditions ,of the property, we could have required the applicant to go through the preliminary plat process. Again, we have no ' intent to hold up the applicant. We're going through standard construction procedures. I have nothing more to say. Councilman Johnson: We took action two weeks ago to extend the preliminary ' plat in order not to delay this project any further than it had been delayed. I know that was exactly what I was doing was two weeks before that I wanted to extend it at that time thinking that two weeks may not have been ' enough but that didn't come up so. Councilman Geving moved, Mayor Hamilton seconded to approve the final plat for Burdick Second Addition subject to the following conditions: I 1. Identifying the pe rmanent utility easement as reflected in Attachment #1, and provision of a temporary easement as reflected in Attachment #1. [E: 18 . City Council Meeting - August 3, 1987 I/ 2. Reserving a drainage easement encompassing an area that meets the storage requirements dictated in the feasibility study. All voted in favor and motion carried. 1 Mayor Hamilton: Now we'll sign your plat. Councilman Geving: You can take it to Carver County tomorrow. B.C. Jim Burdick: I don't think we're going to under these circumstances. 1 Mayor Hamilton: Well, you're free to do what you want, let's put it that way. 1 Councilman Geving: I think we've been very fair with you Jim. Look what we've given you. If the vacation of the property on West 78th Street goes through. If the right-in/right-out roadway onto Powers Blvd. goes through, you've acquired an awful lot of property. We brought water all the way over from the Industrial Park just to serve your property. We've done a lot for Mr. Burdick. I think you have to recognize that. 1 B.C. Jim Burdick: Yes, I agree with this and there is wisdom in what you say but I say it is not fair to require me to spend the month of September _ in Chicago to have my plat filed. Councilman Geving: Let's put it this way, you can take your plat and file it. 1 B.C. Jim Burdick: I don't understand that way but I respect what you're saying. 1 REQUEST FOR DEANNEXATION, MERLE D. VOLK. Mayor Hamilton: Merle Volk has sent us a letter and I've discussed this with Barb and I talked with Merle today about it. I guess Barb, do you want to go through this? Barbara Dacy: Mr. Volk has requested to appear before the Council tonight to discuss a proposal. to deannex 40 acres of his property that lies north of CR 18 and Lyman Blvd.. This area is outlined in red. Mr. Volk owns the property to the east and all the way to Galpin Blvd.. This area here is where Gardeneer and Mr. Volk's existing contractor's yard is and R & W Sanitation. This area in Chaska, this boot shaped parcel is now under construction for industrial development. West 82nd Street and this area is now under construction also by the City of Chaska. As the Council recalls, a street agreement was approved with Chaska. Chaska is assuming the apparent cost for this street construction. If included into the City of t_- Chanhassen, unless we provide more street connection down to Lyman Blvd.. This area is also within the Watershed District and Drainage District in Chaska in their watershed. Utilities would also likewise be moved. • 19 1 1 . CITYOF 1 .1:..,,,,.i .,.,i;,f;- ...:- . ' l .4 CHANHASSEN it,,,,,, .. „ ,.,. ., ..,..„ . _____. IW': . 7.* 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 •; (612) 937-1900 I . August 6, 1987 Mr. B. C. Burdick 426 Lake Street IExcelsior, MN 55331 Dear Mr. Burdick: IThis is, to confirm that the City Council at the August 3, 1987, meeting approved your final plat subject to: Ii . Identifying the permanent utility easement as reflected in Attachment #1 of the staff report and provision of a tem- porary easement as reflected in Attachment #1. ' 2 . Reserving a drainage easement encompassing an area that meets the storage requirements dictated in the feasibility study. IAs you know, the Council approved Alternate A in the feasibility study for the direction of a stormwater drainage. As a result, I the stormwater ponding requirements on your property need to be sized for the amount of runoff that is generated solely from your property. Therefore, a drainage easement area should be indicated somewhere on the plat sized to accommodate runoff from I the property. It is suggested that your engineer provide calcu- lations verifying the rate of runoff, amount of storage, and ponding size to verify the dimensions of the drainage easement. IShould you have further questions, please feel free to contact me. IISi ere , Bar ara Da y City Planner II BD:v cc: Roger Knutson Pat Farrell Gary Ehret Larry Hanson II II z.- a . _ 4_44., .. 0 , c CITYOF I/f ' . . • 2P ,, y . tHANBAssEN r .:, -.z_ 690 COULTER DRIVE• P.O.BOX 147• CHANHASSEN,MINNESOTA 55317 (612)937-1900•FAX(612)937-5739 • . .' Nay 29, 1990 1 - Mr. B.C. Burdick 426 Lake Street I Excelsior, MN 55331 Dear Mr. Burdick: - I This letter is to confirm what staff will be requesting as conditions of approval for the Burdick Second Addition final plat. These conditions were discussed at the May 29, 1990 meeting between I yourself, Brian Burdick, Paul Krauss, Gary Warren and myself. Staff will be requesting the following easements for final plat I approval: =` 1. Standard utility and drainage � sements on each lot bein g 10 ft. easements on all fraxterior lot lines (including the II southerly lot line) and 5 ft. a cements on the interior lot lines. - i 2. A drainage easement over the proposed on-site storm water retention pond. - ii _, 3. A 15 ft. utility easement all al tr .g the West 78th Street frontage centered over the existing. sanitary sewer line as shown on the attached plan sheets 2 tad 3, Project No. 87-30. 1 4. A temporary-Sand e - - - , _war; - sems,n s shown in Attachment No. 1 - --°°° I 5. A temporary cross-drainage easement enc. • sing the existing drainage ditch on your-pre ccommodate drainage from the property to the n 7 until the West 78th Street detachment improvements a ompleted. I Staff would prefer that the property be platted after condemnation I of the TH 5 right-of-way has been completed so that the plat accurately reflects the property boundaries. Since you do not wish to delay platting the property, staff will be conditioning approval upon entering into a development contract which will require you to replat the property once condemnation is completed. I • 1 • - 11 Mr. B.C.. Burdick May 29, 1990 . Page 2 1 Ten paper copies of the amended final plat should be delivered to me by the afternoon of June 1, 1990 for the item to be scheduled for the June 11, 1990 City Council agenda. 1 If you have any questions regarding these conditions, please feel free to contact me. 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