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CAS-25_VACATION OF DRAINAGE & UTILITY EASEMENTSThomas J. Campbell Roger N. Knutson Thomas M. Scott Elliott B. Knetsch Joel J. Jamnik Andrea McDowell PochIcr Soren M. Mattick John F. Kelly Henry A. Schaeffer, III Alina Schwartz Samuel J. Edmunds Cynthia R. Kirchoff Marguerite M. McCarron 1380 Corpomte Center Come Suite 317 - Eagan, MN 55121 651-452-5000 Fax 651-452-5550 �.ck-lawxom G�- 4;)S CAMPBELL KNUTSON Professional Association Direct Dial. (651) 234-6222 E-mailAdd,ress: snelson@ck-l".com April 20, 2009 Ms. Jean Steckling City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 RE: CHANHASSEN — RECORDATION OF DOCUMENTS > Resolution 2009-05 — Vacating Drainage and Utility Easements at Lots 5&6, Block 1, Chanhassen Lakes Business Park 5 1h Addition (Public Works Park Place Site -- Planning Case File No. 08-25) Dear Jean: Enclosed for the City's files please find original recorded Resolution 2009-5 vacating draina t e and utility easements on Lots 5&6, Block 1, Chanhassen Lakes Business Park 5 Addition (Public Works Park Place Site), which was filed with Carver County on March 5, 2009 as Torrens Document No. TI 6974 1. SRN:ms Enclosure CITY OF A S S E N APR 2 2 2009 ENGINEER114G DEPT, Regards, CAMPBELL KNUTSON Professional Association Document NOP OFFICE OF THE REGISTRAR OF TITLES T 169741 CARVER COUNTY, MINNESOTA Receipt # Cert. # 20846 Fee� $46 00 Certified Recorded on 315QOM at 09:00 CgAM 1:1 PM 169741 (11 Cad W. Hanson, Jr. 111111111111111111 Registrar of Titles CERTIFICATION STATE OF MINNESOTA ) ) Ss COUNTY OF CARVER ) 1, Karen J. Engelhardt, duly appointed and acting Deputy City Clerk for the City of Chanhassen, Minnesota, do hereby certify that I have compared the foregoing copy of Resolution 2009-05, entitled "Vacating Drainage and Utility Easements At Lots 5 And 6, Block 1, Chanhassen Lakes Business Park 5 1h Addition (Public Works Park Place Site) Planning Case File No. 08-25" adopted by the Chanhassen City Council on January 26, 2009, with the original copy now on file in my office and have found the same to be a true and correct copy thereof. Witness my hand and official scal at Chanhassen, Minnesota, this 12th day of February, 2009. FIENNIVA, m CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: January 26, 2009 RESOLUTION NO: 2009-05 MOTION BY: McDonald SECONDED BY: Litsey A RESOLUTION VACATING DRAINAGE AND UTILITY EASEMENTS AT LOTS 5 AND 6, BLOCK 1, CHANHASSEN LAKES BUSINESS PARK 5 TH ADDITION (PUBLIC WORKS PARK PLACE SITE) PLANNING CASE FILE NO. 08-25 WHEREAS, the City of Chanhassen is requesting to vacate the drainage and utility easement of Lots 5 and 6, Block 1, Chanhassen Lakes Business Park 5th Addition (new Public Works Facility Park Place Site); and WHEREAS, the existing easement was granted in 1985; NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby approves vacating the drainage and utility easements at Lots 5 and 6, Block 1, Chanhassen Lakes Business Park 5h Addition (new Public Works Facility Park Place Site) as defined on the attached vacation description. Passed and adopted by the Chanhassen City Council this 260'day of January, 2009. ATTEST: 4odd- YES Furlong Litsey McDonald r- , , c�j' Thomas A. Furlong, Mayor C NO ABSENT Ernst Tjornhom EASEMENT VACATION EXHIBIT CITY OF CHANHASSEN PARCEL ID: 251930040 AND PARCEL ID: 251930050 N�-42� 'IT tZ, �Luw 4 "�onor 0( 1 Q Q 7� EASEMENT DESCRIPTION TO BE VACATED: IN That Part of Lot 5 and Lot 6, Block 1, CHANHASSEN LAKES BUSINESS PARK STH ADDITION, according to the plat thereof an file and of record in the Offine of the Recorder, Carver County, 141nnesot, being 7. 00 feet perpendicular to, parallel with and on each side of the following desaibed line: Commending at the Intersection of the easterly line of sa id Lot 6 and the right-of-way of Park Scale in feet Place; thence North 01 degree S2 minutes 07 seconds West along the easterly line of said Lot 6 a distance of 80.34 feet; thence North 69 degrees 42 seconds 08 seconds west a distance of 3239 feet to the point of beginning; thence 0 60 120 180 South 88 degrees D7 minutes 53 seconds West a distance of 172.50 feet; thence South 35 degrees 40 minutes 54 seconds West a distance of 394.28 feet and them terminating; TOGETHER WITH: LEGEND That Part of Lot 5, Block 1, CHANHASSEN LAKES BUSINESS PARK STH ADDMON, according to the plat thereof on file and of record In the Office of EASEMENT AREA the Recorder, Car�er County, Minnesota, being 5.00 feet perpendicular to, TO BE VACATED parallel with and on each side of the following described line: Commendng at the intersection of the easterly Jim of said Lot 6 and the right -4 -.ay of Park Place; thence North 01 degree 52 minutes D7 seconds West along the easterly line of said Lot 6 a distance of 80.34 feet; theme North 69 degrees 42 seconds 08 seconds west a distance of 32.39 feet; thence South 88 degrees 07 minutes 53 seconds West a distance of 172.50 feet; thence South 35 clegmes 40 minutes 54 seconds West a distance of 394.28 feet to the point of beginning; Thence South 01 degree 52 minutes 07 seconds East a distance of 10.00 feet LaidicapeAichileclue, and them terminating. hl� T� Peui Ousom. 0 CITY OF CHANHASSEN ENGINEERING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952) 227-1160 FAX (952) 227-1170 TO: Campbell Knutson PA 1380 Corporate Center Curve 317 Eagandale Office Center Eagan, MN 55121 WE ARE SENDING YOU El Shop drawings F1 Copy of letter 0 LETTER OF TRANSMITTAL DATE JOB NO. 2/18/09 PC No. 08-25 ATTENTION Sue Nelson RE Attached Under separate cover via the following items: Prints El Plans 0 Samples Ej Specifications E] Change Order F1 Pay Request 0— COPIES DATE NO. DESCRIPTION 1 1/26/09 Certified Vacation Resolution El Approved as noted F] As requested M Returned for corrections F1 For review and comment Z Recording [-I FOR BIDS DUE M PRINTS RETURNED AFTER LOAN TO US THESE ARE TRANSMITTED as checked below: Ll For approval El Approved as submitted E Foryouruse El Approved as noted F] As requested M Returned for corrections F1 For review and comment Z Recording [-I FOR BIDS DUE M PRINTS RETURNED AFTER LOAN TO US 0 Resubmit copies for approval [-] Submit copies for distribution E] Return corrected prints REMARKS COPY TO: SIGNED.� C -P Jean Steckling, (952) 227-1162 SCANNED Ifenclosures are not as noted, kindlynotity us at once. CERTIFICATION STATE OF MINNESOTA ) ) ss COUNTY OF CARVER ) 1, Karen J. Engelhardt, duly appointed and acting Deputy City Clerk for the City of Chanhassen, Minnesota, do hereby certify that I have compared the foregoing copy of Resolution 2009-05, entitled "Vacating Drainage and Utility Easements At Lots 5 And 6, Block 1, Chanhassen Lakes Business Park 51h Addition (Public Works Park Place Site) Planning Case File No. 08-25" adopted by the Chanhassen City Council on January 26, 2009, with the original copy now on file in my office and have found the same to be a true and conrct copy thereof. Witness my hand and official sea] at Chanhassen, Minnesota, this 12th day of February, 2009. 0 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: January 26, 2009 RESOLUTION NO: 2009-05 MOTION BY: McDonald BY: Litsev A RESOLUTION VACATING DRAINAGE AND UTILITY EASEMENTS AT LOTS 5 AND 6, BLOCK 1, CHANHASSEN LAKES BUSINESS PARK 5 TH ADDITION (PUBLIC WORKS PARK PLACE SITE) PLANNING CASE FILE NO. 08-25 WHEREAS, the City of Chanhassen is requesting to vacate the drainage and utility easement of Lots 5 and 6, Block 1, Chanhassen Lakes Business Park 5h Addition (new Public Works Facility Park Place Site); and WHEREAS, the existing easement was granted in 1985; NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby approves vacating the drainage and utility easements at Lots 5 and 6, Block 1, Chanhassen Lakes Business Park 5th Addition (new Public Works Facility Park Place Site) as defined on the attached vacation description. Passed and adopted by the Chanhassen City Council this 26ffi day of January, 2009. ATTEST: "�L City Manager YES Furlong Litsey McDonald Thomas A. Furlong, Mayor NO ABSENT Ernst Tjornhorn EASEMENT VACATION EXHIBIT CITY OF CHANHASSEN PARCEL ID: 251930040 AND PARCEL ID: 251930050 A 5.00 Ile, EASEMENT DESCRIPTION TO BE VACATED: That Part Of Lot 5 and Lot 6, Block 1, CHANHASSEN LAKES BUSINESS PARK 5TH ADDITION, accarding to the plot thereof on file and ofrecurd in the Office of the Recorder, Ca�e, County, Minnesota, being 7.00 feet perpendicular to, parallel with and on each side of the following described line: Commencing at the intersection of the eAsterty line of said Lot 6 and the right-of-way of Park Place; thence North 01 degree 52 minutes 07 seconds West along the easherty line of said Lot 6 a distance of 80.34 feet; thence North 69 degrees 42 seconds 08 sectwids West a distance of 32.39 feet to the point of beginning; thence South 88 degrees 07 minutes 53 seconds West a distance of 172.50 feet; thence South 35 clegmes 40 minutes 54 seconds West a distaince of 394.28 feet and them terminating; TOGETHER WITH: That part of Lot 5, Block 1, CHANHASSEN LAKES BUSINESS PARK STH ADDMON, according to the plat thereof on file and of record In the Office of the Recorder, Cawer County, Minnesota, being 5.DO feet perpendicular to, Parallel with and on each side of the following described line; C�mencing at the Intersection of the easterly line of said Lot 6 and the right-of-way of Park Place; thence North 01 degree 52 minutes 07 seconds West along the easterly line of said Lot 6 a distance of 80.34 feet; thence North 69 degrees 42 seconds 08 seconds west a distance of 32.39 feet; thence South 88 degrees 07 minutes 53 seconds West a distance of 172.50 feet; thence South 35 degrees 40 minutes 54 seconds West a distance of 394.28 feet to the point of beginning; Thence South 01 degree 52 minutes 07 seconds East a distance of 10.00 feet and them terminaiting. �y um 0`�' -11 ex� Scole in feet 0 60 120 180 LEGEND EASEMENT AREA TO BE VACATED .L1 " I Erigneering-Survyirg Archileclum Hmiivai Tnoii, P� OLsom, City Council Meeting - January 26, 2009 anything's possible, to answer the question but I think Mr. Gerhardt was right too. It's a cost of funds and we'd have to take that into account since the city is up -fronting the cost for the assessed portion as well as for the taxpayers. Obviously the taxpayer portion is a cost to the taxpayers but if we're up -fronting the costs from an assessment portion too, basically the city taxpayers are playing banker at that point for those homeowners. It's a policy that we have had and I think it's a good policy to allow property owners with assessments to pay them off over time, but it should be done at a fair interest rate, and that's why I'd like to look at our practice with the interest rate but then make sure that we're being fair to all parties and consistent. But I think moving forward this evening. Authorizing the plans and specs, specifications for all three of these project areas makes sense. I think it's the right thing to do. I think once we receive the bids back we'll be able to review at that time the true costs. We'll have better information. We'll also have two more months of economic information and I don't know if that's going to give us more answers or more questions but we can review it at that time and I think that's a prudent thing to do to keep this project on track so that we can, if we want to move forward we have the ability to move forward. So unless there are any other questions there's been a motion, a resolution that's been distributed to the council. If there are no other comments, is there a motion to adopt the resolution? Councilman McDonald: So moved. Mayor Furlong: Thank you. Is there a second? Councilwoman Ernst: Second. Mayor Furlong: Made and seconded. Any discussion on the motion, or the resolution? Resolution #2009-04: Councilman McDonald moved, Councilwoman Ernst seconded to adopt the resolution authorizing the preparation of plans and specifications for the 2009 Street Improvement Project 09-01. All voted in favor and the motion carried unanimously with a vote of 4 to 0. APPLICANT: CITY OF CHANHASSEN. A. CONSIDER VACATION OF DRAINAGE AND UTILITY EASEMENTS. B. SITE PLAN REVIEW FOR AN 82,500 SO. Fr. BUILDING. Public Present: Name Address Mary Borns Greg Fletcher Pat Neuman Tom Devine SCANNFA 7199 Frontier Trail 7616 South Shore Drive 740 Chippewa Circle 7640 South Shore Drive 25 01�1_03 0 0 City Council Meeting - January 26, 2009 Kate Aanenson: I'm kind of combining them both if that's okay. Mayor Furlong: Okay, absolutely. Ms. Aanenson, please go forward. Kate Aanenson: As you indicated Mayor, members of the council, there are two separate reports but I think to put it in context I'd like to just kind of show where the site plan is for you and everybody else. Mayor Furlong: Very good, thank you. Kate Aanenson: So our subject site, 7901 Park Place is the proposed new public works facility. This is located, maybe someone can point out on the aerial where the current public works is. It's just north of the current public works, thank you. South of Highway 5. Also south of Paisley Park there adjacent to Audubon Road. The site itself is actually I I acres. If you look at the floor area ratio we're using less than, significantly less than half the site. It's heavily wooded. If you recall last year you did give a grading permit approval for the site so there has been grading on this site, but the nice thing about this site with the wooded area against Audubon, it does provide a natural screen for the setting of the subject site itself. So with those I I acres it's actually two lots. This subject site was platted, there's a history in the staff report. The one I'm just going to refer to is the grading permit that I mentioned back in September of 2008 and then in March, 1986 the City Council approved the Chan Lakes Business Park #5 which these two lots were created. So within those two lots, getting access off of Park Road is how this would be served. There was a utility easement so this is the first action that requires a public hearing tonight would be the vacation of that utility easement. And in that staff report, when this Chan Lakes Business Park 5d, Addition was created the utility easement was put in place, and so since that time reviewing of the document that was filed in 1986 which showed the sanitary has been abandoned so that's no longer there so in order to put this building over this site we do require vacation of that utility easement so staff is recommending that. So I don't know if you wanted to wait to the end to kind of go back and circle back to that motion, I'll just go ahead and continue with the rest of the report if that's okay. Mayor Furlong: That's fine. Kate Aanenson: Okay. So what I'm showing you now on the rest of this project is the remaining portion of the site so again keeping in mind that this is just the part that the building's sitting on. Again this is adjacent to the creek itself on the north side. Maybe I should go back and just talk a little bit more of context of this site. If you look on Park Drive. Ifyoulookonthe east of Park Drive you see there's an existing storm water pond that was created there. Actually the creek runs through that. A meandering creek which affects some of the boundaries with variances which I'll talk again about in a minute. There's also a wetland to the south. If you see the two yellow highlighted parcels, there's a wetland and that probably, that does, that goes into the subject site and that also, there's a variance on that too. So I'll go through in a little bit more detail how that's affecting the layout of the site. And then again in reviewing this, trying to preserve as much of the trees, working in between the creek and the wetland were some of the criteria that was put in place. So there was several iterations of the site plan. Again while this is 0W.--iAf' t ozi 0 0 City Council Meeting -January 26, 2009 a city initiated project, we hold ourselves to the same standards as we would with any other developer so the planning staff working with engineering made some modifications to the site plan itself You can see the wetland, I'm not sure this is, on this portion. Maybe you can show that Paul where the wetland is. Thank you. That's the one wetland that's, we're seeking variance from, and I'll show that in a little bit more detail what percentage that is, but in order to get the drive circulation through the site and then you can see the creek to the north. Kind of a meandering, very circuitous as it works through the property right now. So some of the functions that were needed for this building, on the original site plan it was laid out in meeting with the planning staff we all try to figure out what needs to happen to get the circulation for the trucks to go through the bays. Provide public access. This is an opportunity for a voting place so we want easy access for public not to have to go into the back. Also providing screening for some of our outdoor storage that the city needs. The public building right now there is a significant salt storage that is a requirement so that same building, that same structure will be place on this site so trying to find an adequate place for that. So those are all the finictions of the public works itself that laid out how this should fit on the site, so from the original site plan we worked through some of those issues and modified it to the plan that is being proposed and the Planning Commission did make a recommendation too. The Planning Cornmission held their hearing on January 6h of this year and they had some concerns regarding the implications for the welland and also the creek setback. We were holding ourselves to the same standards so we had a good discussion on that itself And the way the creek is sitting now and how it's being used, there's direct flow into that creek right now so with this plan putting the curb in place, monitoring the drainage, that will actually improve the quality of that site itself, and I think my next slide shows the implication area. So you look at that brown minor area on the site. That's where the creek is, Not by the garage but on the east side. And then, north side. And then on the southern side by the wedand is a part that the wetland setback. And in looking at this area in the grading there was significant grading that's addressed in the staff report. In order to accomplish avoiding that wetland, significant grading would have to take place and more tree loss so looking at that area, it's always that conflict between the wetland impact, additional grading and tree loss, and again some of that tree provides a screening from Audubon. If you go now when you drive by the public works facility on Audubon, as you come over the bridge, you look right into that storage area so really this is a nice feature of this site is you won't see that. That outdoor storage so there is an impact there. Again providing the storm water pre-treatment. Saving, there's a significant tree that we're working to save. Coming around the, maybe you can show that Paul. There's a pretty significant oak tree right there we're also trying to save. So those are some of the features that we looked at in providing this layout itself. The Planning Commission as we went through those issues concurred that that seem to make some sense. Again the anomaly of the creek meandering through there. Working through to clean up, providing additional vegetation to control the runoff that's going to the site were all included in that. So there's the landscaping plan. Again providing for the mitigation and this additional storm water and the circulation to the site. There will be a retaining wall up against the Paisley Park studio site where those storage bins are. Kind of the area where there's additional storage. So, and I think the highest part of that would actually be approximately 14 feet. That's laid out in the staff report too. And that was one of the issues that we worked through to address too. Staggering that to get additional landscaping in that back area there also providing that buffer. There is a natural buffer as the change of topography from the back of Paisley Park to this site but also working that we're holding ourselves to that same standard. So again meeting the tree 27 0 0 City Council Meeting - January 26, 2009 preservation area does provide for that landscaping requirement. There was some additional landscaping to be put in place. So with that if there's any, isn't any more questions on the site layout itself then I'll move into the architectural standards and if I get any questions. Mayor Furlong: Do you want questions now? Kate Aanenson: If there's any questions on the layout or design, of that part of it or the vacation. Otherwise I'll move into the architecture part of the site plan. Mayor Furlong: Any questions at this point? Ms. Aanenson, I guess we'll be getting into the welland impact and the creek. Can you, you mentioned that there were some improvements to the drainage with curbs. Kate Aanenson: Yes. Mayor Furlong: Will, what's the, can you give us an idea of what improvements are being made in terms of storm water drainage on this site with the improvements. Kate Aanenson: Sure. Mayor Furlong: There'll be impervious, increase in hard cover surface but what are we doing to manage storm water? Kate Aanenson: Correct. There is no, it sheet flows right now so we're putting additional ponding in on site. Mayor Furlong: So it sheet flows just across the site. Kate Aanenson: Correct. Correct, and there's been a significant amount of erosion on this site so. Mayor Furlong: Where does the erosion occur? Kate Aanenson: Really throughout that whole kind of creek bed. Maybe you can show us that. The creek bed, yeah. Paul Oehme: Through the creek bed and then also into the wetland too. Kate Aanenson: Yes. Mayor Furlong: There's been erosion over there? Kate Aanenson: Yes, because really it has been unmanaged over the years. Since the business park was put in place and I think it's been altered over time. Mayor Furlong: Okay. 28 9 0 City Council Meeting - January 26, 2009 Kate Aanenson: So by doing that we're committing to improve that and then provide any additional landscaping, besides the landscape buffer to the wetland. And also the buffer, using correct vegetation. Cleaning out the creek itself and providing additional landscaping and the curb. Mayor Furlong: When you say cleaning out the creek. Of debris and? Kate Aanenson: Yes. Yes. Mayor Furlong: Is it man made debris or is it natural? Kate Aanenson: Yes, there's been a lot of dumping in over time. Mayor Furlong: Okay. Kate Aanenson: Yeah, so cleaning all that up, and then providing additional landscaping along that, which would be the native. That's just representative. We're working now to put in what would be upland type vegetation for that project so that would be the right type of filtering as we talk about for wetland infiltration. So again we've done several of these projects in the past. For example on, we worked with the General Mills. Remand that creek of vegetation so we know how to do these type of projects so in-house staff we will be doing that. Working through that as this project evolves. Mayor Furlong: And will the runoff from the parking area and elsewhere, will that go through storm water management to pond. Kate Aanenson: Yes. Mayor Furlong: So that's not just going to go straight into... Paul Oehme: There's a regional pond that's not shown on this drawing just east of here that all of the surface runoff from the parking lot area and the storage facility area that's going to be pre- treated before it ends up in the creek so we're managing our storm water on this site just like any other development and we're trying to improve upon that too and having some infiltration basins and some bio -retention areas in this area too. We're looking at that so, so I think we're doing a pretty good job in terms of water quality management. Kate Aanenson: Yeah, we're meeting the standards and exceeding that, and by that I mean because the site is devoid of vegetation because it's had a lot of sheet flow runoff. We're actually going to increase that by helping reduce the velocity and some of those sort of things which will help the erosion over the long term life of the creek. Mayor Furlong: Okay, thank you. 09 City Council Meeting - Jatn 26, 2009 0 Councilwoman Ernst: Kate, you have one of the proposed motions in here is, and I know we're going to get to that later but are you still asking for the variance then? Kate Aanenson: Yes. Councilwoman Ernst: From the creek and the wetland? Kate Aanenson: Yes. If you can, let's see. Those two areas are the areas that we are too close. Where that road comes in, and then the brown area adjacent to the creek. So again, to push the building further to the, we'd take out more trees on that west side so that was tying to figure out which would be the best way to go on that project. That wetland is, if I go back to, sorry. Make everybody dizzy here. Going back to this site plan you can see where that wetland falls in and there's a significant amount of trees. And then as the city engineer indicated where that storm water pond is already, that's where we're working with. So some of those things are in place already. Councilman Litsey: Which one's the regional pond? Paul Oehmc: This one right here. This one takes a good portion of this development up here and some of the Park Road as well. Kate Aanenson: Yeah, and I didn't point out but we're, where he was pointing to, that is also city property. Right there. It's kind of, it looks like a big scoop. It goes all the way towards 5. Mayor Furlong: The regional pond is on city property? Kate Aanenson: Yes, and then that bigger piece right there is all city property, so as a part of this project that's also where some of the creek right-of-way is too. Improving all that. So I'm just going to back up too on where I was there. So this is the site itself That wetland. Looking at again the kind of circuitous meander of the creek and the site itself arid then it's proximity to the project to the north. And then you can see that tree area. It's heavily wooded right next to the building and those are the trees that we're tying to save by not doing additional grading. And those are very mature trees so it's always that balance of where we want to go with that. Councilman Litsey: So you could make it work perhaps without the variance but you'd be destroying a considerable amount of trees in the process. Kate Aanenson: Correct. Councilman Litsey: So you're balancing that. Kate Aanenson: That was the factor. Councilman Litsey: The benefits, okay. 30 0 0 City Council Meeting -Jantlary 26, 2009 Kate Aanenson: Again looking at how you need to circulate through the building to get the trucks in. Councilman Litsey: Yeah. Kate Aanenson: So again, the most northerly encroachment would require a 25 foot variance. That's the widest part of that, and then would require the 15 foot variance. Excuse me, the 3.5 encroachment to the minimum wetland buffer so again we'll buffer that significantly, that area between the road and the wetland itself. Providing that. Okay, now I'll move to the site plan itself. This is the Planning Commission had some questions on the grading and drainage but I think we addressed that question already. The architecture itself. I'm on page 4 of the staff report went into quite a bit of detail of the style of the building itself It consists mostly of ribbed insulated pre -cast tilt up panels with exposed aggregate. With brick banding. The brick is also larger in size and dark brown in earth tones and maybe I can switch that, I know it's a little difficult to see that color. It also has a charcoal gray color with dark brown accents on it. So some of the features of this, it does meet the window fenestration requirements. It also has the clear story on die, go to this. The windows on this side which meets the fenestration requirements. The back side where we have all of the trees, because you can't see that. It does have some penetration through these upper story windows but that also meets the standard. So then you've got the clear story up above where the bays are again providing that indirect lighting. That light source which, so you don't always have to turn the lights on inside the building itself. So over the 50% transparency the first floor office, as I mentioned, so that does meet the requirements of the building. There is loading. The service yards. The wreckage area. Waste removal and other things again are all screened outside which we do require of all business so we're meeting our standard on that which is an improvement from where we are today, where you can clearly see the outdoor storage on that site so this is a significant improvement from the buffer, I mean from the public. And we do know that on this site too that will be used by the public so a lot of that storage will still be in that screened area if we do use it for voting or something like that, so it will still all be screened off to the side. It does on the compliance page, the compliance standards starting on page 6. It does meet all the city compliance standards except for the two variances that we did note. And if we do need additional parking, while it's not striped, while there's an event, it can be accommodated there with temporary markings or something of that effect. For some reason we needed additional parking for some public event that was to be held out there. I did mention the grading and we do have a grading permit out there now but again putting the grading and trying to do additional grading out there would exist trees that are out there. So other than that, if there's any additional questions I'd be happy to answer those. Otherwise there's two reports in front of you. The first report is for the vacation of the easement. And then the second would be approval for the site plan for the 82,500 square foot public works facility. With the variances. Oh excuse me, and that conditional use for the outdoor storage and that outdoor storage was the structure which holds the salt, which we have in place right now at our current public works facility. We do require a conditional use for outdoor storage. Mayor Furlong: Aren't there other outdoor storage bins on the north side of the property? 31 0 0 City Council Meeting - January 26, 2009 Kate Aanenson: Yes, those are screened which we do allow those sort of things. We have other businesses have those things but this because of the size of that, it does require a conditional use. Yeah. Mayor Furlong: And this is, this is the same structure? The same cover that we have at our current facility. Kate Aanenson: Exact same structure. MayorFurlong: We'd just be relocating it. Paul Oehme: Correct. Todd Gerhardt: Mayor and council. Mayor Furlong: Yes. Todd Gerhardt: I'd like to just give you a short little update of how we got here. For the public's benefit. This has kind of been a work in progress for the past A at least 4 years or more and our current public works facility was built in 19. Paul Oehme: 80. Todd Gerhardt: 80? Okay. And there was a couple of additions put on to that facility and it's about 24,000 square feet. Through our analysis we have a need for about 82,000 square feet is comparable to what other communities of our size. Nuinber of miles of streets. Number of miles of sewer and watermain that we have to maintain. That will house our utility department. Our park maintenance department. Our street department. And our mechanics that work on all the vehicles that we have, which are numerous, and through our analysis we presented to the City Council this past summer, we looked at building new on other vacant lots in town. We also looked at acquiring existing buildings throughout the community, and other communities, and what we found when you have an operation like we have here, most existing businesses don't allow for trucks that may come in that have been out plowing snow and the melting the occurs. The salt that occurs, so you need quite a drainage system that goes along with that. And then the mechanics bay, you need a variety of different types of hoists. You know our dump trucks need a heavier hoist so there's a major improvement that you would have to put into an existing building. And from our analysis at looking at this, we hired a private construction manager to come in and take a look at some existing buildings and do a full cost benefit of remodeling an existing building to meet our needs. The price of that was substantially higher than new construction if you remember, and the true cost of that was trying to put that drainage system in. And at the time that you get it all done, you still have a 15 or a 30 year old building that you remodeled versus a brand new facility that you would have today with the one that's before you. When people look at the cost of a new facility like this at the $100, there's some confusion that goes along with that. The $100 a square foot is also includes a lot of the equipment that will be inthisfacility. Thehoist. The wash bay and the wand that washes the trucks down. You'realso going to have office space finished out. Desks, chairs, conference room. Sowhenyougoout 32 0 0 City Council Meeting -.January 26, 2009 and look that you could buy a new building for $60 a square foot, you're buying a vacant building that doesn't have the equipment that would be housed in there. So with that little bit of history, kind of where we're at and any updated questions that the council has. Mayor Furlong: Okay, thank you. Any questions for staff at this time? Councilwoman Ernst: I have a couple questions. Mayor Furlong: No questions at this time? Okay. Councilwoman Ernst: No, I said I do. Mayor Furlong: Oh you do? I'm sorry. Councilwoman Ernst. Councilwoman Ernst: That's okay. Kate, when you were talking about the wetlands a couple questions I have are, can you tell me how close the underground fuel storage tanks are to Riley Creek? Kate Aanenson: Would you like to answer that please? Paul Oelune: I don't have a scale on me. Mayor Furlong: Can you tell us where on the site plan? Paul Oehme: Well the underground fuel tanks are right here and the creek is right about here. I'm venturing to say it's probably 200 feet away from the creek currently. Councilwoman Ernst: Do you feel that's enough from, to prevent any kind of contamination? Paul Oehme: Well I mean these, the new tanks, and the architect's here. He can probably speak to it more than I can but I mean they're tested annually in terms of leakage. These things are, the fiberglass it not going to rot out on us. They have a long life expectancy and I'm not too concerned about ground water, or ground contamination from these new tanks. They're highly, very structurally built and solid so I don't really see a problem there. And the only aspect of contamination that I would be concerned with, and that we are trying to address too is surface contamination. Say a gas tank overfills and dumps out into the parking lot. How do we address that so we're looking at that through our best management practices and storm water infrastructure that we're having on the site here, instead of try to mitigate those issues and try to capture them on site before it actually ends up in our storm sewer treatment pond and eventually into the creek. Councilwoman Ernst: Okay, and where would you be storing the chemicals? Like salt and that sort of thing. What part of the building? Paul Oehme: Yeah, the salt would be, the planned location for the salt storage facility is currently right here and that's completely housed. I mean there's going to be walls as currently 33 0 0 City Council Meeting - January 26, 2009 as today on our site. Walls on 3 sides and then there's a, kind of a fiberglass or a meshed type of material, cover that covers the entire salt storage facility too, so it faces south so you know prevailing winds from the north and to the west, you know it's well guarded against that. Plus any rain events, it's all paved underneath there as well too so there wouldn't be any salt infiltration into the soils. And plus it's on a flat surface so any runoff spillage is, there's really no place for it to go except on site and we'd get in there and sweep it up or probably ... and re -pile it into piles so. Councilwoman Ernst: I know you showed it to me before but I couldn't remember what the relationship was between the creek and the storage. Can you tell me if by any chance we looked at MTS building, or existing buildings? We did? Todd Gerhardt: Yep. Councilwoman Ernst: And that was the drainage issue as well? Todd Gerhardt: That one had drainage and then kind of the flowage, the truck driving through. You had posts every 30 feet? Paul Oehme: If that. Todd Gerhardt: If that. So there wasn't adequate drive through. You know trucks would have to back around inside. Same thing with the Teleplan building. Councilwoman Ernst: Thank you. Mayor Furlong: Any other questions? Councilwoman Ernst: No, that's it. Mayor Furlong: Questions at this time? Let's start by opening up the public hearing with regard to the vacation. Kate Aanenson: Correct on the utility easement. Mayor Furlong: Okay. If you can go back up to that slide. Who's ever controlling the pictures. The specific issue here, and this is a public hearing with regard to the request to vacate this easement and as I understand it there are no existing utilities in this easement? At this time. Paul Oehrne: Yeah, they have been removed. Mayor Furlong: They've been removed? Paul Oehme: All the public utilities have been removed and there's no private utilities out there. 34 City Council Meeting -January 26, 2009 Mayor Furlong: No private utilities? No anticipated need in the future for having this? Okay. So let me open up the public hearing with regard to the proposal to vacate the easement and invite any interested parties to come forward and comment at this time. Okay. Patrick Neuman: I didn't have anything prepared but I used to. Mayor Furlong: If you could state your name and address sir for the record. Thank you. Patrick Neuman: Okay. Patrick Newnan. I live on 740 Chippewa Circle, Chanhassen. And I've been getting wood chips out of that lot for a number of years. Since we moved here to Chanhassen in 2000, and I appreciate the effort that the project is involved in trying to save the woodlands because I think there are some really nice trees there. There's some nice maple trees. I remember some people going back and trying to collect maple syrup through there. I hope you're aware of those trees. Kate Aanenson: Yes I am. I didn't know they were doing syrup though. Patrick Neuman: I'm a little bit concerned about that this is a really nice, I mean location with Riley Creek, isn't that the creek that comes out of Lake Ann also? Kate Aanenson: That's correct. That's correct. Patrick Neuman: I mean it's a, everyone knows that Lake Ann is a special lake for Chanhassen so the water quality in the creek you know is good and I mean it would be good if it isn't polluted below that area you know, so I think it's important to manage this area well, you know for wildlife, and I have seen a lot of wildlife in this area while I was getting my wood chips, with approval from the public works people. They give you a key to get in. Now I go over to the Landscape Arboretum for my wood chips, but anyways I have seen a lot of owls and woodpeckers and wildlife in that area and so you know it's kind of subdividing it by putting a building there you know and so I think the city needs, Chanhassen needs to keep in mind that we need to keep some areas for wildlife that are not broken up into little pieces because certain kinds of wildlife of course need more space. Just they won't be here if there isn't that kind of an environment. And I'm also interested in if you're going to be putting in prairie vegetation? Kate Aanenson: We're going to put in is a more native that would be correct for the creek bed itself to stabilize that. Maybe I can go. I think the nice situation that we have here is what we've learned when we did the Highway 5 corridors. There's an actual deer movement corridors so one of them right now is going to be the creek itself, and we're preserving that. The city still owns that piece of property and by revegetating it should continue to make it a nice deer corridor. And then again through the wooded area in the back will still maintain the corridor for area for deer to go into in the back of the building while all the trees still are maintained so I think by putting that natural vegetation to actually improve that creek from eroding should be helpfid. Patrick Neuman: Okay, thank you. 35 9 0 City Council Meeting - January 26, 2009 Todd Gerhardt: Mayor I'd just like to point out, there are very few trees, if any that will be removed that aren't already gone today. So what you see there today is pretty much what's going to stay. Mayor Furlong: Thank you. Normally in this process we would have the applicant provide comments but since the city's the applicant, they've been doing it right along so let's go ahead if there are other individuals who would like to provide public comment on either the drainage casement removal or the site plan in general, that'd be fine too. Tom Devine: I'm Tom Devine. I live at 7640 South Shore Drive. This evening I came really to touch on really two issues as it relates to this, and some of it really relates to part of the process that's already been completed and done, and the rest really relates to the pieces going forward. I want to be very respectful of the work that Todd and Paul and Todd have done and the rest of the city people have done on the project. I understand the need for the project. I certainly understand it's been extremely well planned. It's a beautiful building. It's a nice city amenity and all of those things. What I would like to touch on prior to the granting of the variances, which as I understand have to be completed, and I'm asking that the City Council really give some thought to is a couple of things as it relates to where we are today. If we look at the extraordinary things that have happened in the last 60 days, 30 days. 60 days. Relative to the economy. I spent quite a bit of time up at the legislature on a variety of matters and I do, I am involved in seeing some construction projects and the re -bidding and that sort of thing. Much has happened here in the economy here in Minnesota particularly over the last 30 days and when we saw the announcement the Governor made earlier this month about the shortfall. The $5.2 billion dollar shortfall, I'm told that that budget shortfall is going to increase both in February, March and April with the additional layoff's and all of what's happening. There's a significant thing that's unfolding here in front of us and I think it's something that we need to look at, and I want to talk about what the impact is just purely to Chanhassen as it relates to this. If we look at you know moving towards 9% unemployment and all of that, this type of project is obviously a good project. It's a stimulant type project and some of the rest of that. But the issue that I'm most concerned about is the 3 corporate jets that flew to Washington D.C. and I say that as the example. The 3 jets that flew from General Motors, Ford and Chrysler out to a hearing in Washington D.C. It had kind of an ill effect in terms of what they were going out to do. We're asking the public right now to undertake, and as I understand the bonds have been sold or whatever for do an $8 million dollar project. At the same time we're going to be spending time at the legislature, the city will be, the county will be, and looking for additional fiands. State aid funds that are going to come down to the city and the county. The school districts are going to be up there looking for funds and I'm looking at what does this look like at the same time we have a front page picture in the Villager at the point that this starts of building a new $8 million dollar facility in part to store snow plows in and equipment and trucks and I wonder is now the time to be doing it. I don't question the need and I don't question the quality of what we're building or anything. What I'm concerned about is the appearance and the timing that we're talking about. We're talking about breaking ground, starting a project in April. At the same time the legislature will be moving towards a decision process to decide what kinds of funds we're going to be getting. You know the Governor's already announced that those workers that are with the state, city and county. Anybody that gets raises is going to be impacted negatively in how he divides up his pie to put, you know to circle down. I don't know what control he has but 9W City Council Meeting - Jant 26, 2009 0 I sat in speeches where he's given those things and I'm concerned about what the impact of all of this is going to be. And so that end when we look at these various things, you know we know building permits are going to be you know significantly reduced here this year and next year. I look at this and say I don't know what the bonding went out at but what is the possibility of looking at re -doing the bonds because the bond rates have obviously dropped since October and I also look at the issues of re -bidding and I was with one of the major contractors here in the Twin Cities here this past week on a project that I'm involved with from my professional standpoint and they sent the project back out to re -bid and they got about a 15% reduction in the cost of the project over what was bid for earlier this fall. So I say to you three. Obviously you're talking about a variance as it relates to water quality, or the water. Drainage issue and that, but there is an opportunity in extraordinary times to take extraordinary steps and I ask you right now to consider, is this the right time to be putting out a huge project like what we're talking about with the kinds of costs that are involved in it at this particular juncture. So I say that in a very considerate, polite way in terms of what you're doing and what you're undertaking right now, but I also look at that and say is it the message that we want going out from the city of Chanhassen you know in terms of what we're doing. I understand the project's been under, you know we've been talking about this for a number of years. A delay of another 24 months or whatever you know, what's the impact of doing that or waiting? The environmental, the only other thing I would just want to say is on the environmental piece. As most of you know I've been very involved in the water quality issues here in Chanhassen and I'm obviously a little bit bothered by the fact that the water is going down and end up in Lake Susan, and I don't know if anybody is here from Lake Susan this evening or not but clearly if it was over by my lake I'd be, I'd be a little concerned about that because clearly we're trying to do just the opposite of what you're asking for a variance for yourselves tonight on doing and so I think that that issue is another issue that comes to mind but anyway. That's all I really wanted to say unless there's a question. Mayor Furlong: Yeah Mr. Devine. On the last issue, with regard to the wetland, or the variance for the setback for the wetland. You said that's opposite of what we're trying to do across the city? Tom Devine: Well right now we're doing everything we can to clean up our lakes and streams and everything and the proximity of where this project is to that, to both the creek there and to the wetland area, if I was a private developer sitting here right now, and I understand what the needs of the city are different than the private developer but if I was a private developer, how would this project be looked at right now in terms of the water quality issues in terms of what's being proposed? Mayor Furlong: And that's a fair question. It's a question I asked staff earlier today and so I'd like them to respond to that question as well. TomDevine: Okay. And I'm saying this very respectfully. I'm just you know, we're all hereto talk and we're in the same boat you know. 37 0 0 City Council Meeting - January 26, 2009 Mayor Furlong: That's fine. And I think if we can talk, you raised some issues about the timing of the project based upon economic conditions as well as other factors going on in St. Paul, and then also the wetlands so maybe I'll defer to staff. Kate Aanenson: Sure, again those areas shown in brown, we're not impacting the wetland itself It's the buffer area requirement so again it's our intention on those two areas, the small brown area adjacent to the creek. So that's the buffer setback area that we're impacting. Not the creek itself Mayor Furlong: We see wetland alteration permits from time to time. Kate Aanenson: Right, this isn't a wetland alteration. Mayor Furlong: This is not an alteration? Kate Aanenson: It's the buffer requirement. So again if you look at the function of that building coming off, again we're trying to work out a couple of trees that are down there and Paul pointed that significant oak that's to the entrance there, but we're going to provide buffer in that area. Substantial buffering in the area where they come out of the, maybe you could show Paul on the, either side of that drive. Yeah. Right through, yeah. Either side of that driveway we'll have significant buffering and picking up that area and that existing trees that are there that we're going to try to work around so we're not impacting the wetland itself. It's the buffer. And I think the biggest issue that we've talked about there is how the water is being conveyed and that's to the creek and that's where over time that's significantly degraded and that's what we're going to spend the most amount of time is looking at that. We have experienced doing other re - re -meandering projects and not that we're going to re -re -meander it but to stabilize those... I think that's what some of that sediment is so we're going to try to reduce the velocity and the volume as it goes through there. Slowing it down. Putting the curb along that parking lot itself because how it functions today with some of that source that gets put out there, that's what's going into the creek so I think it will significantly improve what's going on out there today. That's our goal. Mayor Furlong: And to follow up on Mr. Devine's question too. How did the staff look at this? Did staff look at this any differently than if it had been a project a developer... Kate Aanenson: No, again you have to look at how the fimction is because no matter what, if someone went in there that wanted to circulate, this is an industrial. It's zoned IOP. It's an industrial office building. Pretty much everything that's out there has some traffic entrance to it where they would do storage. If you look at our industrial park. Back up. Even bay storage is pretty typical of an industrial building so that would probably be fitting on here so then again we're back to it's the implication of the trees as we heard earlier. A significant wildlife corridor. And trying to manage that the best we can. Saving some of those trees that are also adjacent to the building. That's what we were trying to measure and we went around with numerous designs with the architect trying to get that, what we believed was the best fit on this site with the least amount of impact. 38 0 0 City Council Meeting - January 26, 2009 Mayor Furlong: Okay, thank you. Todd Gerhardt: Mayor, I'd just like to point out one other point on that is the site coverage. You know if this property was under private ownership, most developers would maximize the investment into this property and our site coverage is. Kate Aanenson: .16. Todd Gerhardt: It's substantially below what the private sector would probably do if they owned this piece of property. And that was one of the reasons why we acquired it was to ensure that that large stand of trees stayed in place. And the other added benefit, it acts as a great buffer to us, the recording studio to the north and some of Paul's dirt piles that people are objecting to as they drive by, but you know we really put ourselves through the same rigors we would any private person that would come through and Terry did a great job of working with us and doing some creative things that even for the impact that we're doing in those buffer areas. Mayor Furlong: Okay. Thank you Mr. Devine. Other comments? Mary Boms: I'm Mary Boms, 7199 Frontier Trail and I am on the north side of 5 far away from Lake Susan but I am concerned mostly with the environmental issues and the close proximity to the lake. And itjust feels to me like we're not meeting our own standards and it seems only a year ago that we shorten our buffer setbacks and now we're trying to get a variance to the shorten, what was amended once before. I just, I don't think that we should be making the rules as we go. If it's a rule, it's a rule. In looking at the picture, Kate can you tell me what the percentage of impervious surface is? Kate Aancnson: Sure. It's, if you go to the, do you have a copy of the staff report? Mary Boms: No. Kate Aanenson: Okay. On the first page of the staff report the entire site is 11.95 so of that the floor area ration which is the building footprint is .16. So it's less than aquarterofthe site so that kind of goes back to again what we were U*g to say, if you had a typical developer, they would probably maximize the site and gone back further into the trees so that was what we were trying to balance. Some of that wildlife corridor and go back to, so this entire site. So if you see where the building's sitting on that, where the. Mayor Furlong: What's the percentage of impervious surface coverage allowed in this zoning area? Kate Aanenson: 70 percent. Mayor Furlong: 7-0? Kate Aanenson: That's correct. 39 0 City Council Meeting - January 26, 2009 Mary Boms: And if the variance doesn't, if the variances don't pass we still go ahead with the project? Kate Aanenson: That would be up to the City Council to make a decision on that. Todd Gerhardt: If City Council doesn't approve the variances, the project cannot move ahead unless we reconfigure the building and move it into the trees. Mary Boms: Well and that's my question is, you know would they make a different plan or would they just not go ahead with the project? Todd Gerhardt: It's something we'd have to evaluate. Mary Borns: Was it necessary in the steps that we took for die variance to come last. It feels Re there's been so much has gone forward and worked into this project and for us now to say if the variance didn't pass we have to start all over. It feels to me like we kind of put the cart before the horse in getting this far without... Kate Aanenson: Yeah that's a good question. Typically when we do a variance with a project they come together so you can see how it lays out. What your options are. As we indicated before we were trying to tie that into the entire site so you can see how it lays out on the site. The amount of grading. If you do additional grading and the tree loss so you really have to see how the layers work and the grading and drainage so, to look at a variance without looking at how the site lays on there, you really need to see it all together so that's pretty typical on a project. It wouldn't be any different if someone was to do an addition to their house. You'd have them actually draw it out on the house to see how that would actually fit to look at your options so that's pretty standard. Todd Gerhardt: Mayor, council. If you're referring to the bond sale, we were tying to anticipate interest rates going up at that time when we had the sale in November. We had 9 bidders on our bond sale and we got 4.38 if I remember right interest rate on those on a 20 year issue so. AAA rated Bloomington had a 4.5% interest two weeks prior to that so that was the reason we moved ahead on that. Mary Borns: No, I don't mean to be critical at all of the funding on it. I just think there's been a lot of steps and a lot of time and a lot of effort involved in a project that may not get off the ground if the variance isn't passed and that's all I'm saying is maybe that should have been looked at more firmly in the first place. I don't think that it's an ideal site by any means and I understand that the city already owns it. I would think that they could get a really good price for that particular site being that close to Lake Susan and the bike path and in such a nice area that maybe there's another site in town that would work better for us, but I realize that's already been figured out last fall. So I guess that's all I really have to say. My main concerns are the underground fiiel tanks. Same as Vicki Ernst, Councilwoman Ernst indicated. Looks like the ftiel tanks and the salt are going to be the closest to the lake out of the whole drawing and I don't like to see them on the site at all. There's going to be toxic waste from the oil. Some gas. Some exhaust. The cleaning of vehicles. Things that you talked about. You talked about washing the 40 0 0 City Council Meeting - January 26, 2009 vehicles inside and it is, it does have to drain so those are my main concerns. Thank you for your time. Paul Oehme: To address, yeah. Mayor Furlong: Please, address some of those questions. Paul Oehme: Some, the washing of the vehicles there. We do have a fairly significant sump man hole that's planned for this area. It separates out the solids from the liquids and that water does not leave this site through storm water conveyance system. That PCA rules that that has to go into the sanitary sewer system so that doesn't even make it to the lakes so a lot of that washing materials and those hazardous, potentially oils and other debris would not even make it into the storm sewer system so. Mayor Furlong: So is it, are we going to be washing any vehicles outside in the parking lot where it would drain to the storm water or would they all be done in such a way that any water will be contained within the sanitary sewer system? Paul Oehme: I wouldn't say in all cases it's going to be done inside but there would be some cases that it would have to be washed outside but in terms of the heavier vehicles, the salt laden vehicles in the winter time, all those type of really contaminated vehicles would all be washed inside. The only vehicles I can think of that potentially could be washed outside, maybe a skid loader that gets muddy. A street sweeper that you have to chunk off some dirt before we get into the building but vast majority's going to be done inside where again the conveyance system does not go to the storm sewer. It goes to the sanitary sewer. Mayor Furlong: Lake Susan's been mentioned a couple times. I've heard Riley Creek which runs along the east side. How far away are we from Lake Susan? Kate Aanenson: I'm not sure if it's on this other slide that would be better. There you go. So, there's the conveyance. Mayor Furlong: So about half way between Lake Ann and Lake Susan. Kate Aanenson: Yeah. And again I just want to, as the City Manager pointed out, we haven't maximized the site so you know you could have a significant larger parking lot on there so at the 70% hard surface coverage. So we don't have an ordinance that says you can't down any trees. What we say is if you cut down a lot of trees, then you have to replace them with a significant penalty but there is no requirement you can't cut down trees to develop a site. Paul Oehme: And again all the storm water from the development is going to be directed right into the storm water treatment pond. Regional storm water treatment pond. A very big storm water treatment pond. Curb and gutter around the entire site so they're directed into the catch basins and into the ponds so we are going to get I think better actually water quality from the development than pre because of the erosion that Ms. Aanenson had mentioned before and some of the other debris that's washes into the creek right now so. 41 0 0 City Council Meeting - January 26, 2009 Mayor Furlong: Thank you. Todd Gerhardt: Mayor, council members. Mayor Furlong: Yes. Todd Gerhardt: It goes through two storm water ponds. The one on-site just to the right of the cul-de-sac and then it drains into the pond next to Lake Susan and then into Lake Susan. Kate Aanenson: Yeah, that industrial pond. Mayor Furlong: So the storm water pond, I guess that's another question. The one that we had mentioned, maybe can we zoom in where we can see that storm water pond closer. I don't know if you can zoom but if you can. KateAanenson: I think Laurie, can youjust put the zoom in on the. Laurie Hokkanen: Not when it's on... Mayor Furlong: If you can't zoom in on that one, there's another picture further down where we saw the storm water pond earlier. Kate Aanenson: Ohl Was it the next slide or. Mayor Furlong: Yeah, back to that slide. Kate Aanenson: Okay. Mayor Furlong: That's the storm water pond there? Paul Oehme: That's correct. This one right here. Mayor Furlong: Tear drop. That drains from there into the Lake Susan storm water pond to the north west of Lake Susan? Paul Oehme: Yeah. Mayor Furlong: Okay. Paul Oehmc: It goes through this storm water area here as well. It's all overland flow as well. There's some other storm sewer ponds along the way so. Mayor Furlong: So it'd be all part of your current system in that area? Paul Oehme: Exactly. 42 0 0 City Council Meeting - January 26, 2009 Mayor Furlong: Sir. Jeff Oertel: Mr. Mayor, council. I thought I'd inteiJect and hopefully not belabor the meeting too long but my name is Jeff Oertel and I'm the head architect on the project and for the record I reside and work out of St. Paul. And we had actually discussed this project in a work shop last year but I wanted to address a few things that seem to be a concern. The fuel tanks and the fueling system are so highly regulated by the federal government that I think all the concerns that you know, that we've heard tonight have been addressed and realized by thousands and thousands of parties and municipalities. The tanks are a double wall tank and they have very sensitive sensors strapped around the entire, entire unit. If there's an infinitesimal leak of fuel, either diesel or regular gasoline that would leak out of the inner chamber, it should be sensed and immediately go to a panel that's in the building. A monitor would go off and the containment then would then, the innertiscial area would be equal to that of the greatest volume of fiiel that could be in the tank and then contained. As was indicated earlier the tanks are made out of fiberglass and in addition to the tanks they are double wall piping and incredible amount of detail that goes into these tanks so these systems are pretty safe as they come. I'd also like to give a view point, my view point on a few other things. Again I'll be quick. The City of Edina has gone through the process of looking at, I think we're up to 8 buildings trying to, you know look at a building that would serve as a new facility and in that case the city would love to have a new site. An open site. A site the size that's necessary to bring all their parties together and there's just no site available and so we finally glommed onto a building that appears to be pretty reasonable. Council's aware of it and reviewing that project right now over the last 3 months. The cost of that project is approaching a new building and it's probably close to equal to a new building and after it's all said and done, it's a renovated old building as was indicated earlier. My perspective on the site and the quality of the storm water and the creek is that, my opinion is after this project is completed, if approved by council, the quality ultimately of that storm drainage and creek water will be improved. There's no doubt in my mind because of all, I won't get into details but because of everything that's been said already tonight. That pretty much cover some of the high points that needed to be addressed. I felt I had to say something about the fuel tanks because that was key. Are there any other questions for me I'd take them now but I can come back. Mayor Furlong: Alright, very good. Thank you sir. Appreciate your comments. Anyone else that would like to provide public comments on any aspects of this project? No? Seeing nobody, okay. We do have a required public hearing with regard to the request to vacate the easements. Kate Aanenson: That's correct. Mayor Furlong: Okay. So unless there's anybody else that would like to provide comments there, without objection we'll close that public hearing and continue on with the project. Let's bring it back to council with regard to thoughts and comments or additional questions. Does anybody have additional questions at this time? Councilwoman Ernst: I do. 43 0 0 City Council Meeting - January 26, 2009 Mayor Furlong: For city staff. Councilwoman Ernst. Councilwoman Ernst: Paul how much do we have invested in the project as of today9 Paul Oehme: As of today? Oh I don't know. We have corrected the site for poor soils. We've made a pad for the building to sit on right now. The site still has to be graded somewhat but minimal cost there. There are some architectural fees associated with the pre -design. We're about maybe 60% done with the site, or for what the building itself right now so. There's some significant costs associated with that. But besides that. Councilwoman Ernst: I mean is it, can you give me a rock number? Paul Oehme: Oh um, it's in the hundreds of thousands because of the soil corrections. Councilwoman Ernst: So if it's, and Tom brought up some good points. If we went back to re - bond, could we, could we do that like after April? Todd Gerhardt: My guess the call feature on our bonds are probably 6 to 8 years out and you can do a refunding on that and depending on the interest rate difference that you would have and basically you know you find a second party to buy these and hold them until the refunding comes into place. It's something we're looking at now on the library you'll see in the next couple months. So my guess the interest rate, what we got back in November and what we'd get today would not justify it. I don't think you would have a savings enough to do it right now. Councilwoman Ernst: Today but maybe potentially after April. Who knows? Todd Gerhardt: Well we always look at our debt on a monthly basis, you know whatever the market's doing. Ehler's, our bonding consultants and Greg keep a close eye on that and what the interest rates are doing, and if there's any opportunities to do the refunding, a good example is the library that we're going to bring back to you and do a refunding on that. Councilman Litsey: Yeah, that can be done ... public safety facility that I'm familiar with figures into it, but that can be done any time it looks favorable. I mean it shouldn't really affect the timing of the project or anything because you can realize those savings at any point where it becomes advantageous to do so. Once you, you know once the bonds have been. Todd Gerhardt: Yeah, in the case of the library you won't see the true benefit until 2014 so. Councilman Litsey: But I mean you could initiate that action at any time that it looks like it's favorable to do so. So we could move ahead with the project and down the road if it seems the prudent thing to do, we can still do that at the time. Todd Gerhardt: Yep. Just like you would refinance your house at a lower interest rate. We do the same thing and right now we're proposing back to you to look at that on the library. 44 0 0 City Council Meeting - January 26, 2009 Councilwoman Ernst: But in addition to that it sounds like they're going to be talking about some things in the legislature where we might be able to get some additional state funding as well. Mayor Furlong: I'm not sure if Mr. Devine was saying there'd be additional state money or... Todd Gerhardt: ... anybody any money. Councilwoman Ernst: Either way, if it's even a reduction. I mean reduction of, maybe you could clarify that for me. Tom Devine: Me? Councilwoman Ernst: Yeah. Because I know you're down at the State Capitol a lot. Tom Devine: Well, you know right now the Governor has made a number of pronouncements. In December, you know before the start of the new budgeting cycle that's taking place currently in the legislature, and he put out some fairly clear edex relative to spending in terms of what's going on, and of course he's announced what he could do and of course he did that first series of cuts in December and those state aid funds that come out to the various cities, counties and what not were trimmed back. Now, what's in store? It's very difficult to predict what the legislature's going to do. My concern that I'm trying to express here today is we're undertaking a very visible, expensive, glamorous project and I'm looking at that and saying at the same time we're going to be fighting, I assume. Assuming that the State doesn't have new found income or whatever between now and the close of the legislature, to make up the $5.2 billion, I mean over the $5.2 billion is going to inflate by hundreds of billions between now and the close of the legislature. So consequently what's the effect going to be? The effect to Chanhassen is going to be fewer dollars are going to come down and there's going to be a fight between all the municipalities about who's going to get what and what projects and what things and what funding and you've already seen a lot of what's unfolding here. So my concern is the perception is, well they can afford to build an $8 million dollar place to park snow plows, what are you coming to us and complaining about we need, the State should be more generous in their state formulas back down to us or the State funding for specific projects or whatever. That's what I'm concerned about. We're talking about a time line that coincides with the close of the legislature here in terms of what we're doing so, whether there's savings from the bonds or whether you can go out and buy a new building, or an old building, and I do take this gentleman's comments about time you remodel and do this and that and make it to what it is, maybe it's not but clearly you can go out today and buy a building a lot cheaper than you could 6 months ago in the commercial marketplace, you know and I don't know what's available in Chanhassen but all I'm saying is I just bring up the perception. The 3 jets is the perception you know. Itwasn't necessarily all the reality but it's the perception that we've got to deal with and that's my concern. And I do know that those funds are going to get cut. He's announced it. It's clear as a bell that it's going to happen and that's the concern is that we're not penalized because we're doing such a visible you know, maybe what would be considered by a lot of municipalities an unnecessary project and they use that as a club against us. And I'm just trying to bring up the 45 0 0 City Council Meeting - January 26, 2009 political side of it because I think it's a reality. I don't think it's just a, you know slight perception issue out there in terms of what goes on. Councilwoman Ernst: So clearly it could have an impact on this project as well. No? Todd Gerhardt: Mayor, council members if I can address Tom's statements. The City of Chanhassen is one of many communities that does not receive local government aid. We get zero. And the other aid that the State provides out is market value homestead credit. Last year we were scheduled to get $160,000 in market value homestead credit. We got $90,000. So they kept the second half payment of $70,000. For 2009 we were scheduled to get $120,000 in market value homestead credit and we have not budgeted that money anywhere in our budget for 2009, 10 or 11. Tom Devine: Okay. So you're saying that the income pack, the income, the impact of Todd Gerhardt: State aid. Tom Devine: The impact of state funds coming back down into Carver County, that the city won't. Todd Gerhardt: Oh Carver County it will have an impact. Mayor Furlong: Absolutely. That's a different story. We're talking about the City of Chanhassen. Todd Gerhardt: City of Chanhassen. Tom Devine: Okay. Okay. It's the City of Chanhassen but I'm also looking taxpayer gets their tax statement. What's the effect on their tax statement at the end of the day? Mayor Furlong: And I guess to that. Tom Devine: And I understand this is city and you know. Mayor Furlong: No, that's fine but to that end with regard to the cost of funding this project, both from a capital project as well as an operating project, we've discussed that both at a council level to look ahead and what that would be. As well as the timing of this project is, as Mr. Gerhardt said earlier, this has been discussed for a number of years. We haven't been putting together drawings and everything for that entire time because we chose to wait until from a funding standpoint we had availability within our tax levy to do this in a manner that would not increase property taxes. So we are not, as our debts or our bonds come due at different times. Some are refinanced. Some are not. This is being timed now in large part because of funding capacity within our city's own ability to fund it. Okay. It's not dependent upon state aid. As Mr. Gerhardt said we haven't budgeted it going forward. In fact the last 6 years we have not budgeted in our general fund any funds coming from the state. We put any fund that is received we put into our street and road project fund and that goes to offset the taxpayer's side of costs for IR City Council Meeting - January 26, 2009 some of the projects, the street mill and overlays and reconstruction projects that we've done and that we discussed earlier this evening so we certainly, if the money is distributed from St. Paul, we certainly take it and put it to use in the city through streets but we don't, there are no staff salaries. There are no general operating services associated with that ftinding. To the extent that I think, and we can get into that in a little bit but I think clearly from a timing standpoint, modesty aside, I think there would be, the state would like to see a number of cities run the way we have run Chanhassen. We don't depend on outside sources. Now we have opportunities that other cities don't have, and so I don't want to say that everybody should do it our way but we found a way to do it with, to plan long term for projects such as this and to time the, to look at the timing of the projects such that we're not doing everything all at once that needs to be done, but looking at it methodically and logically and strategically on when these projects are considered, and that's been part of why you know, if initially when this was brought up, if we were just going to do the project without regard to the financial aspect and effect on the city's financial position and taxes, we would have been having this discussion 3, 4, 5 years ago. Okay because the need has been there. I think the other thing that hasn't come up with regard to need is currently our current facility is about 25, 26, 27,000 square feet? Paul Oehme: 24. Mayor Furlong: 24. He corrects too. And just about... And I'm just going to ask the question, what's the size of this facility? Paul Oehine: 82. Mayor Furlong: 82. Todd Gerhardt: Now you're getting it mayor. Paul Oehme: About. Mayor Furlong: The big question is, is how long will this facility last the city's needs since we are not ftilly built out. We are about 60% all the way developed. Once development occurs we are going to continue to develop, and I think we're going to get more than our fair share from a rate standpoint but how long will this facility meet our needs? Paul Oehme: I mean the building that we're putting before you tonight is the, should last the entire length of, until we're fully built out. I mean we have a little bit of capacity in this building for future expansion. We programmed that in. Into this facility. Not much but enough where we think we can get by out into the future until we're built out. Mayor Furlong: The bottom line is we're looking at a building tonight that is going to provide the needs of the city, even to the point in time when we are ftdly developed, and that was a question that came up. At some point we'll have to put another addition on, right? And that's why the site probably wouldn't handle another addition, but we don't need to because we're not building just what we need today and leaving for future council and residents to look at what they need. Why are we doing that? My opinion, I think it's more economical to do it today. 47 0 0 City Council Meeting - January 26, 2009 Anytime I've been involved in a project where you plan for an addition and you're going to save money on that. You end up never saying money, and you never you know. And I think we've all been there and seen that so I think that's the other thing we haven't talked about this evening. This is, this is a facility that is intended to support the city's needs even after 20, 30, when we are fully built out. So I think that's all part of it. Todd Gerhardt: Very similar concept that we did for the library. The library is built for the city's ultimate build -out. So it's 35,000 square feet when we have an ultimate population of about 35,000 so. Mayor Furlong: Okay, thank you. Councilwoman Ernst, other questions? Councilwoman Ernst: The last question is if you could just tell what the impact would be if we delayed the project? What would, I mean I know we have the costs out there but that doesn't mean that we've lost that money. ltjust means that it would be on hold. Todd Gerhardt: Well, some of it's a legal question. And then on the bonds it would be an arbitrage question that we sold bonds and earned interest without spending that down based on federal IRS guidelines so there would be a penalty for not doing that. If it's more than I think 9 months or something like that. Councilwoman Ernst: And so the legal part of it is? Todd Gerhardt: The legal part is that we've entered into contracts with the construction manager and architect and I don't know what the language in those two agreements call for. I'm sure there's parts in there where we could probably stop the project. So we'd need some contractual obligations there that we'd have to look at. Councilwoman Ernst: What's that? Roger, what'd you say? Roger Knutson: I was just saying you'd be paying interest on your bond debt. That's not a legal issue I guess. It's a financial issue. Until you reach your call period or equivalent. Todd Gerhardt: Well we'll be making a principal payment in 2010 so there'll be a $900,000 payment in 2010. But we have money for that. Councilwoman Ernst: So it concerns me that we're this far into the project and now we're coming back and asking for a variance. Todd Gerhardt: We grant variances almost all the time. Councilwoman Ernst: Well we deny a lot of variances too. Todd Gerhardt: Yeah. Mayor Furlong: Other questions? Comments. 48 0 0 City Council Meeting - January 26, 2009 Councilman Litsey: Well I hope people understand a lot of due diligence was put into this project. I mean we've been looking at this for quite some time. All these questions have been asked. I mean we looked at options. We looked at existing facilities. We looked at the current facility and what we might do there. And it came down to this was the best approach. The city's positioned itself financially to handle this project, as Mayor Furlong has very well laid out for the audience tonight and I look at this as an essential service that we provide the city you know. Keeping the streets plowed and public works is a real critical element of what we provide for the residents and the businesses in this community and there's no doubt the needs been there for quite some time but we have waited until financially we could do this. Fit it in within our current projections and so forth financially and so I think it's a needed project. It's a well thought out project. I commend everyone that's been part of it to make this work. I'm concerned a little bit about the wetland implications but I think it's been well pointed out that if this was a commercial development the impact would be considerably more perhaps and I think caution has been taken. It's on the radar screen moving forward that that's a sensitive part. I mean I'm very much into the wetland buffer zones and so forth. I've had issues with that before but I think that in this situation, given the need and the thought that's gone into it and the overall impact on this parcel of property is quite less than the commercial development would be potentially and that we realize that that's a sensitive thing we have to pay attention to. I think it's been well covered and I think we need to move forward with this. It's again I don't want people to get the impression this is just something we just kind of just, we're just thinking through some of these items now. All the questions that have been raised, all the things that we've talked about, we've talked about in great depth in work sessions and I don't think now's the time to go back. We've moved forward. We've done our due diligence and I think we need to continue. Mayor Furlong: Thank you. Other comments? Councilwoman Ernst. Councilwoman Ernst: I'm really struggling with this. We need this facility. I have no doubt in my mind that we need this facility. I have some major concerns about the environment with the location of where the chemicals are and where these fuel tanks are, and thank you for giving me the, or giving the information that you did. I still have some concerns with the chemicals because they're actually much closer to the creek than the fuel tanks are. Where the salt and the chemicals are. Todd Gerhardt: It's just salt. Councilwoman Ernst: It's just salt? Todd Gerhardt: No chemicals. Salt and sand. Councilwoman Ernst: And I'm feeling like okay, we're coming back with this variance tonight and I'm feeling like I'm forced into making this financial decision and I don't want to feel that way so I'm wondering if there's another, another option here as to how, I don't know if there is or not, in where those are placed. 49 0 0 City Council Meeting - January 26, 2009 Todd Gerhardt: Mayor, council members if I can just maybe get you to feel a little bit more comfortable about the salt. It's the salt we put on the roads and once we put it on the roads and it melts, it doesn't disappear. It goes into the storm water ponds. It goes into our creeks you know. It's part of Minnesota. This is something we have to do and to maintain our roads. In the parking lot there's an environmental manhole so some of the heavy stuff that may come from break pads will settle out there and then we will clean that out before it even goes into the series of ponds. Before it goes into Lake Susan. So the chemicals for the anti -freeze and that are all self contained inside the building and as Paul mentioned most of the car washing, the grease and the things from the vehicles will go into the sanitary sewer system and be treated at the sanitary sewer plant. So any spills that occur inside the building, same thing there. Councilwoman Ernst: And the other piece to it is, I don't have a clear picture of the whole financial impact if we did delay this for a while. And because I don't have those questions answered, I mean I want to support the project but I can't support the project based on what I know today. Councilman Litsey: I guess my frustration is that we've been down this road. We spent a lot of time on this. We've looked at all the different options and this seemed the most reasonable. The most prudent. They're doing their best to fit it on this parcel of property. A lot of this is going to be preserved the way it is. To push it back, well we're going to take out trees. I mean you've got to balance that out and this seems to be the best balance but I mean we've talked about all the issues. The options and best place to put it and the square footage and the architecture and all those things. We've been down that road for months. To stall it now, I don't see what the rationale is. Councilwoman Ernst: Like I said before, when we were looking at this before I was not, I did not see how that was in relationship to where the creek is. I saw that, I saw where it was placed but I didn't see that, there was not that relationship there. Councilman Litsey: Well that might be but the creek hasn't moved and this has all been talked aboutandso. I mean I'm trying to respect your viewpoint but I just, I'm frustrated because we've looked at this. We spent so many hours on it and itjust. Mayor Furlong: Okay. Councilman McDonald, your thoughts. Councilman McDonald: Well I guess I have to share Councilman Litsey's frustration because we have been over this for over a year. I am perfectly fine if it comes down to we don't want to go into the buffers. Fine. Then we move it up and over and we take care of the problem but at that point we are going to take out significant trees and we will begin to infringe upon the music studio above us. I think that you know we have granted these types of variances before. G.E. Osmotics comes to mind where we went in and we granted a variance within the buffer zone at that point because of what they wanted to do. This is not something new and this is not something new within this particular area. Again it is salt. It's going to get into the takes anyway because as Mr. Gerhardt said, it goes on the roads. It melts. It goes into the water system. There's nothing we can do about that unless we get rid of using salt on roads. The other 50 I A 0 0 City Council Meeting - January 26, 2009 thing you need to look at is that if we delay this, right now a snowplow, how much does a snowplow cost? Paul Oehme: About $180,000-$190,000. Councilman McDonald: We currently have assets of over a hundred thousand dollars just sitting outside because we can't fit them into a building. If you want to look at costs and what this is costing us, the deterioration of those assets will far exceed anything we do as far as delaying this project to re -bond it. Again we have looked at it for over a year. We have been through this. And again Chanhassen, as the mayor says, we are not dependent upon the State to do this so we're not going to get the look back and see that we're wasting the State's money because we're not wasting the State's money. So I think that you know based upon this, I am perfectly fine with going forward. If the problem is the setbacks and if the council feels that we need to do something about that, I don't see where that needs to delay anything. It's just start planning which trees we're going to cut down because it will fit upon the property with or without the variance and I guess the question is, do you want the trees there or do you want the variance. So I'm in full support of this project and I'm ready to go forward on it. Mayor Furlong: Okay, thank you. I think there have been some questions raised this evening. This has been a project that has been, that we've been discussing for a long time. We've looked at a variety of options and we continue to each step along the way peel back the onion a little bit more if you will in terms of some of the details. The site plan. Clearly the timing of this is appropriate when you actually, just like a private developer would, take a look at whether or not it's your best alternative and I think in terms of where the alternatives are, whether to buy and remodel or build new, that's always a decision that any property owner would go through. We looked at buying existing and completely remodeling. We looked at buying next, for the property right next to our existing facility and having a two building campus if you will. We looked at a number of the buildings that have been mentioned this evening as well as others, and in all the cases the, it came back to this was the most financially prudent and operationally best way to do what we're trying to do, and I think that's what we're always trying to do. There are more details. I think we're all concerned about impacts to wetlands and the creeks that run through our city and from lake to lake. Clearly that's the case here. This entire industrial park has I would guess, though I wasn't on the council at the time, had issues with the creek flowing through the area. The creek doesn't start and stop at the borders here. It's throughout the area and I'm sure that there have been issues addressed. In this particular case what gives me comfort is that with this project we're actually improving the storm water management on the site. Currently the water just runs off into the creek. There's debris there. Runs into the wetland. That all will be redirected and contained through a management system to reduce the rate at which the storm water enters the natural storm water system called our creeks and lakes. It will increase the quality of that. As we heard earlier tonight there's actually a series of ponds that the water will eventually flow through, including the last pond at Lake Susan which was just upgraded a few years ago, before it even enters into Lake Susan. So I am comfortable looking at this. I think the, you know it's always a balance and I look at these and try to say are we finding a fair balance between competing interests. The first interest is don't affect any of the natural resources, whether they're trees or water bodies or wetlands and yet at the same time provide a reasonable use. If this was a private developer coming to this site, as we heard earlier this 51 9 0 City Council Meeting - January 26, 2009 evening there would likely be greater intensity, as well as requests for some setbacks. Just in terms of the access to the property and almost naturally is going to require one. So I think these have come out in conversations. We kind of continue to move along as any private business owner would in looking at the site of where to locate. How to locate. How can we fit it on the best given what we have there. All these parameters. Chanhassen is not flat prairie. It is always rolls or creeks. That's what gives it the natural features that we all love, and so what we do is we have to do our best to protect those and I think this does it. In terms of the timing, the objective here is to go forward with the site plan and then we'll proceed and next time we see this we'll have bids for most of the major items and at that time we'll have again better information from a timing standpoint as well as what the actual costs are. We'll be in a better position to do that. And so I am comfortable going forward with this plan because I believe that it provides a fair balance with a reasonable use of this property based upon zoning as well taking into account the natural features of the site as well. We've tried to do this in a way that is both cost effective, fiscally responsible, as well as looking at the operational needs of the city and I think we're finding that we're going to be able to accomplish those goals. So all told I think we should move forward this evening on this project and continue to look at ways to save money. Make sure that we get this project in on budget or lower. If there's opportunities out there through bidding out the contract or running it through a contract manager system, as we're doing it, to save money long term, short term, we need to look at those. But we always need to look at what those options are and balance out the benefits against the costs so. So I'm comfortable going forward this evening. We can spend more time moving it around on the site but I don't know that we're going to gain any value from that in that whatever the variances are here, they're being mitigated I believe by better storm water management across the entire site. So I think we should move forward this evening with what we have and with the information we have before us. I think we're comfortable moving forward. Any other thoughts or comments? If not we have a motion before us. Two motions, correct? Kate Aanenson: Yes. The first motion is regarding the vacation of the utility easement. Mayor Furlong: And is that, is that the modified motion on page I of the staff report? Or is that, where is that motion on the. Todd Gerhardt: On the cover pages of each one. Mayor Furlong: The very beginning, proposed motion A, B and the adoption of the facts? Kate Aanenson: Yeah, that would be for the site plan and the conditional use. Mayor Furlong: And the variances and conditions. Kate Aanenson: The staff report before that on A would be adopt. Mayor Furlong: So first page, proposed motions. Any other thoughts or comments or would somebody like to propose a motion? 52 City Council Meeting - January 26, 2009 Councilman McDonald: I'll propose the motion. I'll do it. I make a motion that the City Council approves a resolution vacating the drainage and utility easements located on Lot 5 and Lot 6 of Chanhassen Lakes Business Park 5th Addition. Councilman Litsey: Second. Mayor Furlong: Is that the entire motion? Kate Aanenson: That's for the first one. Councilman McDonald: That's Part A. Kate Aanenson: That's A. Mayor Furlong: Okay. Councilman McDonald: Do you want to do these separate or? Todd Gerhardt: You can do it all as one or separate. Mayor Furlong: We can do it all as one unless there's any objection. Councilman Litsey: I'll withdraw my second then. Mayor Furlong: Okay. Go ahead Mr. McDonald. Councilman McDonald: Okay. I also propose that the Chanhassen City Council approve a Site Plan for an 82,500 square foot one story office warehouse building with a mezzanine storage area and setback variances from the creek and wetland for the parking lot areas, plans prepared by Oertel Architects and the City of Chanhassen dated December 5, 2008, subject to conditions I through 24 of the staff report. Also that the Chanhassen City Council approves a Conditional Use Permit for the outdoor storage subject to condition 1 of the staff report and adoption of the attached Planning Commission Findings of Fact. Mayor Furlong: Thank you. Is there a second? Councilman Litsey: I'll second that. Mayor Furlong: Andjust to clarify, I was looking at the first item that dealt with the wetland variances, correct? Kate Aanenson: Yes. Mayor Furlong: Mr. McDonald, correct? Councilman McDonald: Part A. Part A, we've got them all. M] 0 0 City Council Meeting - January 26, 2009 Kate Aanenson: We included them all, including variances. Mayor Furlong: Thank you for clarifying. So I've got a motion made and seconded. Any discussion on the motion? Resolution #2009-05: Councilman McDonald moved, Councilman Litsey seconded that the City Council approves a resolution vacating the drainage and utility easements located on Lot 5 and Lot 6 of Chanhassen Lakes Business Park 5"' Addition. All voted in favor, except Councilwoman Ernst who opposed and the motion carried with a vote of 3 to 1. Councilman McDonald moved, Councilman Litsey seconded that the City Council approves a site plan for an 82,500 square -foot, one-story office/warehouse building with a mezzanine storage area and setback variances from the creek and wetland for the parking lot area, plans prepared by Oertel Architects and the City of Chanhassen, dated 12/05/08, subject to the following conditions: 1. The developer shall provide exterior benches and/or tables. 2. Signage shall require a separate sign permit review to determine compliance with City ordinance. 3. The applicant shall mitigate for the lost functions and values of any buffer variance by replacing an equivalent area of buffer in a location which will provide the maximurn water quality benefit. Preliminary review indicates that area to be northeast of the wetland. 4. The applicant shall restore the stream channel as well as the top of bank and flood plain for Hey Creek including the removal of any construction and other debris in the area. 5. The applicant shall prepare a vegetation management plan for Riley Creek. This management plan shall be created in conjunction with the landscaping plan and the Environmental Resources Specialist and Water Resources Coordinator should be consulted in the creation of this plan. 6. The applicant will modify the existing NPDES permit to identify the construction manager for the project. 7. The applicant will provide adequate treatment for drainage directed to the wetland. The applicant should look for ways to promote infiltration and incorporate alternative stormwater management best management practices into the site design and build. One such measure is the construction of a bio -infiltration feature at the outlet from the drive aisle northeast of the wetland. Other features to investigate include pervious pavement systems, cisterns, biofiltration trenches, preservation or re-establishment of vegetation, etc. -, A 54 J City Council Meeting - January 26, 2009 9. The final 200 feet of the swale located west of the proposed facility needs to be protected with Category 2, Wood Fiber IS Erosion Control Blanket. 10. Those areas to be planted in BWSR seed mix U7 should be seeded at a rate of 15LBS PLS/acre where PLS means "Pure Live Seed". 11. The buildings are required to have automatic fire extinguishing systems. 12. Building plans must be prepared and signed by design professionals licensed in the State of Minnesota. 13. Retaining walls over four feet high must be designed by a professional engineer and a permit must be obtained prior to construction. 14. The 5 1 -inch and 45 -inch oaks located near the northwest and southeast comers of the building shall be protected by fencing throughout construction. 15. The site plan must show the dimensions of the lots. 16. The northern access must be revised so that the maximum width does not exceed 36 feet. 17. An encroachment agreement is required for the portion of the parking area that lies within the public right-of-way. 18. If feasible, the runoff from the cold storage area access should be conveyed to the existing storm sewer. 19. Revised drainage calculations and storm sewer sizing must be submitted to ensure that the existing downstream infrastructure can accommodate the proposed runoff. 20. An encroachment agreement is required to construct the northern retaining wall within the drainage and utility easement. 2 1. The proposed top and bottom of wall elevations must be shown. 22. The drainage and utility easement over the abandoned portion of the sanitary sewer must be vacated. 23. The existing drainage and utility easements and abandoned utilities must be labeled on the plan sheet. 24. The utility plan must include a note regarding the connection to the existing storm sewer." All voted in favor, except Councilwoman Ernst who opposed and the motion carried with a vote of 3 to 1. 55 0 9 City Council Meeting - January 26, 2009 Councilman McDonald moved, Councilman Litsey seconded that the City Council approves a conditional use permit for outdoor storage, subject to the following condition: 1. The proposed development must comply with the approved site plan, plans prepared by Oertel Architects and the City of Chanhassen, dated 12/05/08." All voted in favor, except Councilwoman Ernst who opposed and the motion carried with a vote of 3 to 1. Mayor Furlong: Thank you everybody and thank you for your comments this evening. That completes our items of business this evening. COUNCIL PRESENTATIONS: None. ADMINISTRATIVE PRESENTATIONS: None. None. Councilwoman Ernst moved, Councilman McDonald seconded to adjourn the City Council meeting. All voted in favor and the motion carried unanimously with a vote of 4 to 0. The City Council meeting was adjourned at 9:55 p.m. Submitted by Todd Gerhardt City Manager Prepared by Narm Opheirn 56 CITY OF CWNSEN 7700 Markel Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952,227.1100 Fax: 952.227.1110 Building Inspections Phow 952.227.1180 Fax: 952.2271190 Engineering Phone: 952.227.1160 Fax: 952.227,1170 lFinance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recregon Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227,1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952,227.1310 Serdor Center Phone: 952.227.1125 Fax: 952,227.1110 Web Site wwacithanhassernn.us 0 0 4 gal MEMORANDUM 49 TO: Paul Oehme, Director Public Works/City Engineer FROM: Joseph Shamla, Project Engineer DATE: January 26, 2009 6�/ , SUBJECT: Lots 5 and 6, Block 1, Chanhassen Lakes Business Park 5 Ih Addition (Public Works Park Place Site) Planning Case File No. 08-25: Approve Vacation of Drainage and Utility Easements 116 CIIAITIrLi "The City Council approves a resolution vacating the drainage and utility easement located on Lots 5 and 6 of Chanhassen Lakes Business Park 5th Addition." City Council approval requires a sirnple majority vote of the City Council present. The City of Chanhassen is requesting the vacation of drainage and utility easements across Lots 5 and 6 of Chanhassen Lakes Business Park 5h Addition. This easement was dedicated on the plat of Chanhassen Lakes Business Park 5d' Addition back in 1985. While reviewing the files from 1985, a document was discovered in the file dated 1986 which shows the sanitary sewer in this easement being abandoned in the future. See attachment. The sanitary sewer which was located in this easement was removed last fall with the construction of the building pad. Gopher State One Locates show no evidence of any public or private utilities within this portion of the proposed vacation area therefore, the drainage and utility easement is not needed. SCANINFA G \ENG\Va=ionsTubIic Works -PC 08-25\01-26-09 m memo.doe Chanhassen is a Community for Life - Providing for Today and Planning tor Tomorrow 9 0 A LOT 6 Easem:�n 0 it .9 , 0 be vaat,:dt: ;� —I'—Y P A q,; . E. G T 5 Attachments: 1. Application 2. Drawing and legal description of easement vacation 3. Notice of Public Hearing/Affidavit of Mailing/Location Map 4. Figure 4 Sanitary Sewer Improvements GAENGNVacationsTublic Works - PC 08-25\01-26-09 oc rmno.doc Applicant Name Email: 9 0 Planning Case No. CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227-1100 DEVELOPMENT REVIEW APPLICATION Owner Name and Addfess: 7790 A,/ kl pe'1111t, /d Contact: Phone: Fax: Email: NOTE: Consultation with City staff is reguired prior to submittal, including review of development plans Comprehensive Plan Amendment Conditional Use Permit (CUP) Interim Use Permit (IUP) Non -conforming Use Permit Planned Unit Development* Rezoning Sign Permits Sign Plan Review Site Plan Review (SPR)* Subdivision* Temporary Sales Permit XVacation of Right-of-Way/Easements (VAC) Variance (VAR) Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment Notification Sign — $200 (City to install and remove) X Escrow for Filing Fees/Attomey Cost" - $50 CUP/SPR/VACNARIWAP/Metes & Bounds - $450 Minor SUB TOTAL FEE$ r, 00 An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. *Sixteen (16) fu I I -size folded copies of the plans must be submitted, including an 8%" X 11 reduced copy for each plan sheet along with a digital cop in TIFF -Group 4 (*.tif) format. "Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. PROJECT NAME: LOCATION: -� 76 LEGAL DESCRIPTION AND PID: di : WA 0 TOTAL ACREAGE: &1es WETLANDS PRESENT: YES NO PRESENT ZONING: REQUESTED ZONING: PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: 9 FOR SITE PLAN REVIEW: Include number of existing employees: and new employees: This application must be completed in full and be typewritten or clearty printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owners Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate poor to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. Signature of Applicant Signature of Fee Owner Date Date Wplan\fo"sTevelopment Review Application.DOC Rev. 1/08 EARMENT VACATION EXABIT CITY OF CHANHASSEN PARCEL ID: 251930040 AND PARCEL ID: 251930050 Q C. t'T 1; 5.00 -ZW-- MOO EASEMENT DESCRIPTION TO BE VACATED That pan of Lot 5 and Lot 6, Block 1, CHANHASSEN LAKES BUSINESS PARK 5TH ADDITION, according to Me plat thereof on file and of record in the Office of the Recorder, Camer County� Minnesota, being 7. 00 feet perpendicular to, parallel with a nd on each side of the follow Ing descri bed Ii ne: Commencing at the Intersection of the easterly line of said Lot 6 and the right-of-way of Park Place; thence North 01 degree 52 minutes 07 seconds West along the easterly I ine of sa Id Lot 6 a dista nce of 80. 34 feet; thence North 69 degrees 42 seconds 08 mconds west a distance of 32.39 feet to the point of beginning; thence South 88 degrees 07 minutes 53 seconds West a distance of 172.50 feet; thence South 35 degrees 40 minutes 54 seconds West a distance of 394.28 feet and them terminating; TOGETHER WITH: That pan of Lot 5, Block 1, CHANHASSEN LAKES BUSINESS PARK STH ADDITION, according to the plat thereof on file and of record In the Office of the Recorder, Car�er County, Minnesota, being 5.00 feet Perpendicular to, parallel with and on each side of the following described line; Commencing at the interm,ction of the easterly line of mid Lot 6 and the right -of -.ay of Park Place; thence North 01 degree 52 minutes 07 seconds West along the easterly fine of mid Lot 6 a distance of 80.34 feet; thence North 69 degrees 42 seconds 08 seconds west a distance of 32.39 feet; thence South 88 degrees 07 minutes 53 seconds West a distance of 172.50 feet; thence South 35 degrees 40 minutes S4 seconds West a distance of 394.28 feet to the point of beginning; Thence South 01 degree 52 minutes 07 se,conds East a distance of 10.00 feet and them terminating. IN feet 0 60 120 180 LEGEND EASEMENT AREA TO BE VACATED -Lj � Eigmenng-Sureying Landscaip, Ajohiftclure H� T� P� Ousok, 0 CITY OF CHANHASSEN 9 AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) )Ss. COUNTY OF CARVER ) 1, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on January 14, 2009, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for the Vacation of D&U Easement on Lots 5 & 6, Block 1, Chanhassen Lake Business Park 5"' Addition (New Public Works Facility - 7901 Park Place) to the persons named on attached Exhibit "N', by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as sueb by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and s om to before this day olT- Notary Public gAeng\fonns\affidavit.doc 2009. JEAN M. STE:CKUNG Notary Pubfle-Mbines 4 ota Cmm�siw EXP'—.!J:m:3— SCANNED K Notice of Public Hearing Chanhassen City Council Meeting When is the Monday, January 26, 2009 at 7:00 p.m. public City Hall Council Chambers, 7700 Market Blvd. hearing: Proposal: Proposed Vacation of Drainage & Utility Easement Proposal: Planning Case File No. 08-25 Applicant: City of Chanhassen Address/ Lots 5 & 6, Block 1, Chanhassen Lakes Business Location of Park 5th Addition (7901 Park Place) Proposal: A location map is on the reverse side of this notice. A vacation proceeding extinguishes the city's What is a easement or right of way over the property. The vacation: vacated property generally reverts to the owner of the abutting property. This public hearing gives the neighborhood an opportunity to comment on the proposal. During the meeting, the Mayor will lead the public hearing What through the following steps: happens atthe 1. Staff will summarize the vacation request. meeting: 2. The applicant may comment on the request. 3. Comments are received from the public. 4. Public hearing is closed and the Council discusses the vacation request. If you'd like to review the proposal before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. Please contact Joseph Shamla at 952 - Questions & 227-1165 or e-mail jshamla@ci.chanhassen.mn.us Comments: if you have any questions or wish to submit written comments (please provide one copy in advance of the meeting - staff will provide copies to the I Council). Notire of this public hearing has been published in the Chanhassen Villager on January 8, 2009. Notice of Public Hearing Chanhassen City Council Meeting When is the Monday, January 26, 2009 at 7:00 p.m. public City Hall Council Chambers, 7700 Market Blvd. hearing: Proposed Vacation of Drainage & Utility Easement Proposal: Planning C se File No. 08-25 Applicant: City of Chanhassen Address/ Lots 5 & 6, Block 1, Chanhassen Lakes Business Location of Park 5 th Addition (7901 Park Place) Proposal: A location map is on the reverse side of this notice. A vacation proceeding extinguishes the city's What is a easement or right of way over the property. The vacation: vacated property generally reverts to the owner of the abutting roperty. This public hearing gives the neighborhood an opportunity to comment on the proposal. During the meeting, the Mayor will lead the public hearing What through the following steps: happens atthe 1. Staff will summarize the vacation request. meeting: 2. The applicant may comment on the request. 3. Comments are received from the public. 4. Public hearing is closed and the Council discusses the vacation request. If you'd like to review the proposal before the meeting, please stop by City Hall during office 41 hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. Please contact Joseph Shamla at 952-227- s Question, & 1165 or e-mail jshamla@ci.chanhassen.mn.us if Comments: you have any questions or wish to submit written comments (please provide one copy in advance of the meeting - staff will provide copies to the Council). �No ublic hearina has been published in the Chanhassen V111aaer on January 8, 2009. This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map am error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direclion or Precision in the depiction of geographic features. If emors or discrepancies are found please contact 952-227-1165. The preceding disclaimer is provided pursuant to Minnesota Statutes P66.03, Subc. 21 (2000), and the user of this map acknowledges that the CRY shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parfies which arlse out of the users access or use of data provided. This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to preparethismapare errorfree, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. If errors or discrepancies are found please contact 952-227-1165. The preceding disclaimer is provided pursuant to Minnesota Statutes §466.03. Subd. 21 (2000), and the user of this map acknowedges that the City shall not be liable for any damages. and expressly waives all claims, and agrees to defend. indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents. or third parties which anse out of the users access or use of data provided. Fl_A�NHASSEN LAKES BUSINESS PARK 5TH ADDITION ARBORETUM BOULEVARD (T.H. NO. 5) LOT 11, BLOCK I CHANHAS�EN LAKES BUSINESS PARK �__68 R -W LOT 6 BLOCK I PARK COURT > BLOCK 2 CHANHASSEN LAKES BUSINESS PARK lQ_'LILy C!EEK CFUTL70T— CHANHASSEN L KE ��_aNESS PA LOT EXISTING POND C5 BLO K x 60 R LOT I BLK I -p CHAN�ASSEN\ LAKES OUTLOT A BUSINESS PARK LOT 4 BLOCK 1 �Z_ , 4 LOT I BLOCK 2 10 LOT 3 BLOCK 1 '10 OC, Oj JkO rLOT 2 rLOT I x BLOC K 1 J�k f ,QC BLOCK I 8 3 R/w 80' Rlw_ CHANKA'SSEN, MN. SCALE: 1"-300' RCM NO.851035 CITY PROJ. NO. JANUARY,1986 ,10 \3\ r s -,"->-EXISTING SANITARY SEWER 0 -PROPOSED SANITARY SEWER FIGURE: 4 SANITARY SEWER IMPROVEMENTS 0 0 CITY OF CHANHASSEN AFFEDAVIT OF MAILING NOTICE STATE OF MINNESOTA) )ss. COUNTY OF CARVER ) 1, Karen J. Engelhardt being first duly sworn, on oath deposes that she is and was on January 14, 2009, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for the Vacation of D&U Easement on Lots 5 & 6, Block 1, Chanhassen Lake Business Park 5th Addition (New Public Works Facility - 7901 Park Place) to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and sworn to before this iq'*'�av o — I f� Notary Public g:\eng\forms\afrjdavit.doc 2009. JEAN M. STECnJNG Notary Pubtle-Mirrawla 4y C �sion EXP4� Jan 31.2m I omm� M Notice of Public Hearing Chanhassen City Council Meeting When is the Monday, January 26, 2009 at 7:00 p.m. public City Hall Council Chambers, 7700 Market Blvd. hearing: Proposal: Proposed Vacation of Drainage & Utility Easement Planning Case File No. 08-25 Applicant: City of Chanhassen Address/ Lots 5 & 6, Block 1, Chanhassen Lakes Business Location of Park 5 th Addition (7901 Park Place) Proposal: A location map is on the reverse side of this notice. A vacation proceeding extinguishes the city's What is a easement or right of way over the property. The vacation: vacated property generally reverts to the owner of the abutting property. This public hearing gives the neighborhood an opportunity to comment on the proposal. During the meeting, the Mayor will lead the public hearing What through the following steps: happens 1. Staff will summarize the vacation request. atthe 1. Staff will summarize the vacation request. meeting: 2. The applicant may comment on the request. 3. Comments are received from the public. 4. Public hearing is closed and the Council discusses the vacation request. If you'd like to review the proposal before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Questions & Friday. Please contact Joseph Shamla at 952 - Questions & 227-1165 or e-mail jshamla@ci.chanhassen.mn us Comments: if you have any questions or wish to submit written comments (please provide one copy in advance of the meeting - staff will provide copies to the Notim of this public hearing has been published in the Chanhassen Villaqer on January 8, 2009. I Council). Notim of this public hearing has been published in the Chanhassen Villager on January 8, 2009. Notice of Public Hearing Chanhassen City Council Meeting When is the Monday, January 26, 2009 at 7:00 p.m. public City Hall Council Chambers, 7700 Market Blvd. hearin : Proposal: Proposed Vacation of Drainage & Utility Easement Planning Case File No. 08-25 Applicant: City of Chanhassen Address/ Lots 5 & 6, Block 1, Chanhassen Lakes Business Location of Park 5 th Addition (7901 Park Place) Proposal: A location map is on the reverse side of this notice. A vacation proceeding extinguishes the city's 4V What is a easement or right of way over the property. The vacation: vacated property generally reverts to the owner of the abutting property. This public hearing gives the neighborhood an opportunity to comment on the proposal. During the meeting, the Mayor will lead the public hearing What through the following steps: happens atthe 1. Staff will summarize the vacation request. meeting: 2. The applicant may comment on the request. 3. Comments are received from the public. 4. Public hearing is closed and the Council discusses the vacation request. If you'd like to review the proposal before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. Please contact Joseph Shamla at 952 -227 - Questions & 1165 or e-mail jshamla@ci.chanhassen.mn.us if Comments: you have any questions or wish to submit written comments (please provide one copy in advance of the meeting - staff will provide copies to the I Council). Notim of this public hearing has been published in the Chanhassen Villaqer on January 8, 2009. This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, inforrmation and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map am error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or preasion in the depiction of geographic features. If effors or discrepancies are found please, contact 952-227-1165. The preceding disclaimer is provided pursuant to Minnesota Statutes §466.03, Subd. 21 (2000). and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User. its employees or agents, or third parties which anse out of the owes access or use of data provided. This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map am error free. and the City does not represent that the GIS Data can be used for navigational. tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. If effons or discrepancies are found please contact 952-227-1165. The preceding disclaimer is provided pursuant to Minnesota Statutes §466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arse out of the users access or use of data pmvided. CORE MPLS INDUST PORTF ETAL C/O CORE REALTY HLDGS MGMT INC 1600 DAVE ST #450 NEWPORT BEACH, CA 92660 -2447 LOVE 4 ONE ANOTHER CHARITIES 7801 AUDUBON RD CHANHASSEN, MN 55317 -8205 K & L PARTNERS 7870 PARK DR CHANHASSEN, MN 55317 -9500 PEERLESS INDUSTRIES INC 1969 WEST COUNTY ROAD C2 ROSEVILLE, MN 55113 -1246 MCGLYNN BAKERIES INC #366 C/O GENERAL MILLS TAX DEPT PO BOX 1113 MINNEAPOLIS, MN 55440 -1113 CAMPBELL PROPERTIES LP 11 C/O KNOWLEDGE LEARNING CORP ATTN TAX DEPT PO BOX 6760 PORTLAND, OR 97228 -6760 DAVID SWARTOUT 10028 INDIGO DR EDEN PRAIRIE, MN 55347 -12DB ALFRED A IVERSEN PMT CORPORATION 1500 PARK RD CHANHASSEN. MN 55317 -8200 TWO S PROPERTIES INC DEPT PT MN 08305 PO BOX 25025 GLENDALE . CA 91201 -5025 0 ROBERT D & CARMEN J CHRISTIANS 6851 CARDINAL COVE DR MOUND, MN 55364 -9535 PRINCE R NELSON 7801 AUDUBON RD CHANHASSEN, MN 55317 -8201 PRN MUSIC CORPORATION 7801 AUDUBON RD CHANHASSEN, MN 55317 -8201 MUSTANG LLC 7860 PARK DR CHANHASSEN. MN 55317 -9294 NOTICE OF PUBLIC HEARING VACATION OF DRAINAGE & UTHJT`Y EASEMENTS CITY OF CHANHASSEN NOTICE IS HEREBY GIVEN that the Chanhassen City Council will hold a public hearing on Monday, January 26, 2009, at 7:00 p.m. in the Council Chambers at Chanhassen City Hall, 7700 Market Boulevard. The purpose of this hearing is to considerthe request of the City of Chanhassen for the vacation of drainage and utility easements on Lots 5 & 6, Block 1, Chanhassen Lakes Business Park 50 Addition, Planning Caw File No. 08-25. Alegal description and drawing of the proposed vacation area � available for public review at City Hall during regular business hours. All interested persons are invitedtoattendthispublichearing and express their opinions with respect to this proposal. Joseph Shanda, Project Engineer Phone: 952-227-1165 (Published in the Chanhassen Villager on Thursday, January 8, 2009; No, 4156) 0 0 Affidavit of Publication Southwest Newspapers State of Minnesota) )SS. County of Carver ) Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- lager and has full knowledge of the facts hffein stated as follows: (A) These newspapers have complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 33 1A.02, 33 1 A.07, and other applicable laws, as amended. (B) The printed public notice that is attached to this Affidavit and identified as No. -//S(, was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columus of the newspaper specified. Printed below is a copy of the lower case: alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: abcdefghijklmn 7B3rW��d e A. Hartmann Subscribed and sworn before me on this _F14- day of -j-a �j, n 1 2009 No I P+Iic RATE INFORMATION JYMME J. BARK NOTARY PUBLIC - MINNESOTA MY Commission ExPrOs 01/31/2013 Lowest classified rate paid by commercial users for comparable space .... $31.20 Per column inch Maximum rate allowed by law for the above matter ................................ $31.20 per column inch Rate actually charged for the above matter .............................................. $12.43 per column inch SCA14HED 0 0 NOTICE OF PUBLIC HEARING VACATION OF DRAINAGE & UTILITY EASEMENTS CITY OF CHANHASSEN (�YV -03 NOTICE IS HEREBY GIVEN that the Chanhassen City Council will hold a public hearing on Monday, January 26, 2009, at 7:00 p.m. in the Council Chambers at Chanhassen City Hall, 7700 Market Boulevard. The purpose of this hearing is to consider the request of the City of Chanhassen for the vacation of drainage and utility easements on Lots 5 & 6, Block 1, Chanhassen Lakes Business Park 5dAddition, Planning Case File No. 08-25. A legal description and drawing of the proposed vacation area are available for public review at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal, Joseph Shamla, Project Engineer Phone: 952-227-1165 (Publish in the Chanhassen Villager on January 8, 2009) sc,ittINFU gAeng\vacations\pub1ic works - pe 08-25\pb notice to paper doc