CC Minutes 4-28-08City Council Meeting - April 28, 2008
next month here I want to bring up that we will be recognizing 2 of our members, one that has 20
years of service and one that has 35 years of service so it’s our second fire fighter that’s had 35
years of service…so we’ll be recognizing them in the next month.
Mayor Furlong: Very good. Thank you. Any questions for the Chief this evening? No? Very
good. Thank you very much.
CHANHASSEN CROSSROADS ADDITION, LOCATED ON THE NORTHWEST
CORNER OF TH 101 AND LYMAN BOULEVARD:
A. SITE PLAN REVIEW, KWIK TRIP.
B. FINAL PLAT APPROVAL.
C. APPROVAL OF DEVELOPMENT CONTRACT.
Bob Generous: Thank you Mayor and council members. As you stated, this is a request for final
plat approval for a 3 lot subdivision and 1 outlot on 14.9 acres located at the northwest corner of
th
Lyman Boulevard and Highway 101. On March 10 this project came through for City Council
approval. It was approved for the preliminary plat, as well as site plan approval for 7, well 8
buildings if you count the car wash, within the Crossroads of Chanhassen development. As a
condition of that site plan approval they requested that the Kwik Trip building come in for an
additional architectural review. The specific request was that staff will work with the applicant
to improve the architecture of the car wash and gas station, convenience store to make it more
compatible with the buildings in the overall development. And if you could switch screens for
me please. There’s a subject site at Lyman and 101. And then this is the overall site plan that
was approved. There’s a, Crossroads Boulevard is a new public street that will connect from the
entrance ramp to east bound 312 at the intersection of Highway 101 and then it will curve down
through the project and access onto Lyman Boulevard. That was all approved. But as stated, the
convenience store was the building that came in for further review. The architect has provided
revisions to the plan, specifically they’re looking at, there’s these column elements have been
added at all the corners of the building and they’re, they’re very similar to the columns that are
within other buildings in the project and I’ll show you one example later. Additionally they
provided additional window breaks over the doorways so they provided more articulation. A
little bit higher elevation on the…to help it stand out, so that’s on the north elevation. On the
west elevation, again they’ve added the wider column elements, as well as incorporating the
various brick colors into it to create a better patterning and articulation on the corner of the
building. Again they’ve added additional window panels above the doorway entrance at the west
side of the building. This is on the south elevation. There’s several things. One, they’ve
attached the outdoor storage area into the building and pushed it a little closer. Changed the
brick patterning on it, and then added the corner column elements that are wider and taller than
the rest of the building. Additionally they’ve added the 3 window elements above the door.
Two doorways on the right side of the building elevation. Then finally on the east elevation,
again they’ve revised the column element. Made it a little more, it stands out better. It uses 3 of
the brick elements and it incorporates some patterning on the top, as well as widening and are
highly articulating the column in the front corner of the building. Then we move to the car wash.
Again they’ve incorporated that tower element over each of the doorways and have raised the
building parapet height to give it additional articulation. And then on the east elevation, which
7
City Council Meeting - April 28, 2008
would be on 101, they’ve showed the corner elements have been enhanced and widened in the
different colored bricks will be used to help articulate that. And then finally they, previously
they didn’t show the south and west elevations but they’ll repeat the east and north elevations,
except for they won’t have any signage on them. And this was another building within the
development. It’s in the southwest corner of the site, but as you can see they’ve incorporated
these column elements from this building into it. Additionally above the windows they have the
shingled canopy area that is incorporated as a part of the convenience store site. Then finally, so
we believe they have met the architectural detailing for the rest of the group and now we’re
going, for the final plat approval they’re creating 3 lots. Actually it shows up a little better here.
The public right-of-way. That will connect the arterial streets. And then the outlot on the west
side, they’re waiting for the vacation of the existing Highway 101 corridor which used to run
through this property. Part of the roadway goes over that, and then once it’s vacated, they’ll plat
that into 2 lots and an outlot. Staff is recommending approval of the final plat and the
development contract and construction plans subject to the conditions in our staff report. With
that I’d be happy to answer any questions.
Mayor Furlong: Thank you. Any questions for staff this evening?
Councilman McDonald: I had one question. In your report you were saying that they were still
deficient as far as trees. For the landscaping.
Bob Generous: Right, and that’s something that we’ll make sure they, when they come in for the
construction plans, that they have everything revised and the counts all work out.
Councilman McDonald: Okay, but you have had discussions with them concerning that
deficiency?
Bob Generous: Yes.
Councilman McDonald: Okay. That’s all I had.
Mayor Furlong: Is that a condition?
Bob Generous: I believe.
Todd Gerhardt: I think it was included in the last.
Mayor Furlong: With the site plan?
Councilman McDonald: It should be number 20. No, that’s not it.
Bob Generous: I don’t see it specifically that they do it, but it’s, they need to comply with the
code.
Mayor Furlong: They need to comply with code.
8
City Council Meeting - April 28, 2008
Bob Generous: For our buffer yard requirements and our plantings.
Councilman McDonald: Because what you had there are below code. Okay.
Mayor Furlong: Okay. Mr. Generous, what’s the timing in terms of vacation of the old
highway, Trunk Highway 101? Is that a MnDot issue or?
Bob Generous: Yes. We’ve received a letter from them that they’re moving forward on that.
Paul Oehme: It will be several months before I think we actually have title to it.
Mayor Furlong: Alright. It has to go through them first and then does it come here as part of the
vacation?
Paul Oehme: That’s my understanding. It would come to us and then we’d go through the
vacation process.
Mayor Furlong: Okay. Alright. Very good. Any other questions at this time for staff? No?
Okay. If not, I see the applicant is here. Any thoughts or comments you’d like to share with us
this evening?
Applicant: I think he’s covered it all very well.
Mayor Furlong: Alright. Very good. Any questions for the applicant? No? Okay. Comments.
Thoughts from members of the council.
Councilwoman Ernst: I would just like to say that I know we had quite a number of concerns
and lengthy discussions at the last meeting we had, and I want to thank you for addressing those
concerns. Everything that I see here was very well addressed and you did a fabulous job of
coming back with new architecture. Good job.
Councilman McDonald: I guess the only thing I would want to add is we did you know I think
you expressed some concerns about the upgrade on the architecture that we were looking for. I
think you did a very good job of doing that and I really appreciate you working with staff to do
that. It does I think add to the development itself. I mean you had raised it to a higher standard I
think on the other buildings, which is what we noticed, and now I think the entire development is
up at that level so I really appreciate you working with Kwik Trip and I know it was like pulling
people through a briar patch, but we really appreciate it. Thank you.
Mayor Furlong: Thank you. Any other comments?
Councilwoman Tjornhom: I think both, I think you know, it’s already been addressed. Of
course the architectural standards went up but I think this kind of sets the benchmark for all our
other developments coming through this area and so I think you’ll be proud of it, or we all will
be proud of this development in the end and what the outcome was and I know that it’s going to
be greatly used and needed in that area so it’s just another good thing coming to our town.
9
City Council Meeting - April 28, 2008
Mayor Furlong: Thank you.
Councilman Litsey: Yeah, I’ll just echo pretty much what’s already been said. It’s important to
get this right because this does set the standard for other developments that are going to go along
that corridor and I do appreciate the work that went into this by the applicant and the staff to get
the architecture upgrade to a comfort level that we can all agree on so thank you for doing that.
Mayor Furlong: I will say thank you as well and as usual the council has said it best so I won’t
say anything so, but job well done. Unless there are any other thank you’s and congratulations.
Is there a motion to adopt the recommended, or to approve the motions in the staff report. Where
do those start?
Bob Generous: Page 15.
Councilman McDonald: I’ll go ahead and do it.
Mayor Furlong: Okay, thank you.
Councilman McDonald: I’d like to make a motion Mr. Mayor that the City Council grants the
final plat approval of Planning Case 08-01 for Crossroads of Chanhassen for 3 lots and 1 outlot
as shown on the plans stamped received March 28, 2008, subject to the following conditions 1
through 27 I believe. 28?
Mayor Furlong: Are there Findings of Fact with this or?
Todd Gerhardt: With the development contract, all the conditions are in the contract.
Mayor Furlong: All the conditions are in the contract. And does this adopt the development
contract as well? This motion?
Bob Generous: No, this is for the plat.
Mayor Furlong: This is for the plat. We also have, what are the other, that’s what I’m asking.
Bob Generous: …just one page.
Mayor Furlong: Okay. Can we deal with all the motions in a single time?
Bob Generous: Yes.
Mayor Furlong: So where’s the second?
Councilman McDonald: Okay. And I’d like also to submit a second recommendation that we
approve the construction plans and specifications for Crossroads of Chanhassen dated March the
th
28, 2008, prepared by Westwood Professional Services, Incorporated and the development
10
City Council Meeting - April 28, 2008
th
contract dated April the 28, 2008, be approved conditioned upon the following conditions, 1
through 2(c) or? Or 1 through 2(c).
Mayor Furlong: I’m just seeing 2 on mine. Is there?
Bob Generous: The c is the copy.
Councilman McDonald: Oh the c’s, I’m sorry. 1 through 2 then.
Mayor Furlong: Okay. Alright. Very good. And then does that complete the motions then?
Bob Generous: Yes.
Mayor Furlong: That we need to do this evening? That’s everything? Very good. Is there a
second to the motion?
Councilwoman Ernst: Second.
Mayor Furlong: Made and seconded. Any discussion?
Councilman McDonald moved, Councilwoman Ernst seconded that the City Council grants
final plat approval of Planning Case #08-01 for Crossroads of Chanhassen for three lots and
one outlot, as shown on the plans stamped ‘Received March 28, 2008, subject to the following
conditions:
1.Full park fees in lieu of parkland dedication shall be collected in full at the rate in force upon
final plat submission and approval.
2.Encroachment agreements are required for any extensive landscaping, signage or sidewalk
proposed into County or State right-of-way or City easements.
3.At this time, the estimated total SWMP fee, due payable to the City at the time of final plat
recording, is $169,297.80.
4.The storm sewer in the public street will need to be adjusted according to city comments.
Revised rational method calculations are required.
5.If importing or exporting material for development of the site is necessary, the applicant will
be required to supply the City with detailed haul routes.
6.Building permits are required for all retaining walls four feet tall or higher and must be
designed by a Structural Engineer registered in the State of Minnesota.
7.The sanitary sewer, storm sewer, and watermain within the public right-of-way and along the
Old Highway 101 corridor shall be publicly owned and maintained. All other utilities shall
be covered by a cross-access agreement. The proposed watermain must wet tap the existing
11
City Council Meeting - April 28, 2008
watermain.
8.Utility plans shall show both plan view and profiles of all utilities (sanitary sewer, water, and
storm sewer lines.
9.Determine actual elevations of existing utilities. A minimum vertical separation of 18 inches
is required at all storm, sanitary, and watermain crossings. Also, provide 10 feet of
horizontal separation between storm, sanitary and watermain. Any gas, electric, cable, or
telephone located outside of a public easement must be relocated.
10.Each new lot is subject to the sanitary sewer and water hookup charges. The 2008 trunk
hookup charge is $1,769 for sanitary sewer and $4,799 for watermain. Sanitary sewer and
watermain hookup fees may be specially assessed against the parcel at the time of building
permit issuance. All of these charges are based on the number of SAC units assigned by the
Met Council and are due at the time of building permit issuance.
11.All of the utility improvements are required to be constructed in accordance with the City's
latest edition of Standard Specifications and Detail Plates. The applicant is also required to
enter into a development contract with the City and supply the necessary financial security in
the form of a letter of credit or cash escrow to guarantee installation of the improvements and
the conditions of final plat approval. The applicant must be aware that all public utility
improvements will require a preconstruction meeting prior building permit issuance. Permits
from the appropriate regulatory agencies will be required, including the MPCA, Dept. of
Health, Carver County, Watershed District and MnDOT.
12.A 20-foot drainage and utility easement is required over the County storm sewer. This
easement will be taken at the same time as the vacation of Old Highway 101.
13.The developer will need to work with the City and MnDOT to acquire access to the site and
acquire the land from Old Highway 101.
14.Access to the site must be via a public street designed to Minnesota State Aid Standards.
This street will be maintained by the City. The public street connection on Highway 101
must align with the lanes provided with the off ramp of Highway 312. Survey existing lanes
to ensure they align with proposed lanes. No parking will be allowed on the public street.
15.Upon completion of the public street, the applicant shall submit a set of “as-built” plans
signed by a professional engineer.
16.Collector and Arterial Roadway Traffic Impact Zone fees will be collected with the final plat.
The fee will be based on the commercial rate of $3,600 per acre.
17.Encroachment agreements are required before the construction of the signs within the
drainage and utility easements.
18.All outstanding assessments must be paid prior to final plat.
12
City Council Meeting - April 28, 2008
19.The applicant shall either move the retaining wall to reduce the encroachment to 50% of the
wetland setback or apply for a setback variance.
20.A vegetation management plan needs to be developed for the buffer. Currently the buffer is
dominated by reed canary grass and agricultural weeds. The buffer for a Manage 3 wetland
must have, at a minimum, 50% dominance of native plant species. The W5 mix shown for
the setback area is an adequate seed mix.
21.Erosion control blanket shall be included for the final 200 feet of the drainage swale along
Highway 101. Inlet protection needs to be shown on the ditch inlets consistent with the
remainder of the plan.
22.In the event that dewatering is needed, the field inspector shall be contacted prior to any
dewatering activities. All diversions necessary to direct stormwater flow to the temporary basin
shall be clearly indicated on the plan. In the event that these are to be field located, BMPs must
be installed and the SWPPP must be amended to reflect the routing.
23.Make a notation in the SWPPP that the contractor with overall day-to-day responsibilities of
the project / General Contractor must be the contractor for the NPDES permit. The permittee
needs to have an individual qualified to complete stormwater inspection reports weekly, and
after each ½-inch rainfall event. A box will need to be placed on site for these specific
documents.
24.The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g.,
Minnesota Pollution Control Agency, Minnesota Department of Natural Resources (for
dewatering)) and comply with their conditions of approval.
25.All of the maintenance for landscaping, and irrigation within the City right-of-way must be
maintained by the developer.
26.The plans shall be revised to incorporate a sidewalk along the west side of Crossroads
Boulevard as shown on the preliminary site plan (Sheet 5 of 10).
27.Should the applicant install street lights other than approved Minnesota Valley Electric
Cooperative street lights, then the developer shall pay for installation, future maintenance and
power.”
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
Councilman McDonald moved, Councilwoman Ernst seconded that the City Council
approve the construction plans and specifications for Crossroads of Chanhassen dated
March 28, 2008, plans prepared by Westwood Professional Services Inc., and the
development contract dated April 28, 2008, subject to the following conditions:
13
City Council Meeting - April 28, 2008
1. The applicant shall enter into the development contract and supply the City with a cash
escrow or letter of credit for $647,130.00 and pay a cash fee of $299,751.80.
2. The applicant’s engineer shall work with city staff in revisiting the construction plans to
meet City standards.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
Mayor Furlong: Good luck with your development. We’re looking forward to seeing it.
COUNCIL PRESENTATIONS.
Councilwoman Ernst: I have one.
Mayor Furlong: Councilwoman Ernst.
Councilwoman Ernst: Mayor, I received some concerns about the noise that is created as a result
of trains blowing their whistles and their horns, and causing disturbances. I had a brief
conversation with Todd regarding this so I know that you already have some data, and I have a
copy of the ordinance that Coon Rapids passed that prohibits trains from blowing their horns and
whistles and I would like to think that it’s just as easy as creating an ordinance, but I’m sure it
isn’t. So I’d like to turn this over to Todd and his staff, if you wouldn’t mind. This is just a copy
of it. To do the research and come back to the council with any financial ramifications that may
be as a result to the city. Or any other ramifications, so it would be interesting to see, not only
the data that you already have, but any additional data that you could present to council.
Todd Gerhardt: And Mayor and council, we can bring back some information on that. Paul and
I have talked about it in the past and received calls from residents adjacent to the railroad tracks
and bring it back as an informational item under our work session in the future.
Mayor Furlong: That’d be great.
Councilwoman Ernst: Alright, thank you.
Mayor Furlong: Okay, thank you. Any other items for council presentations this evening?
ADMINISTRATIVE PRESENTATIONS.
Todd Gerhardt: Paul, you want to give a little update on our wells is really the only thing I had.
We’re moving along with the wells. The two new wells under construction at South Lotus Park
area and over off of Lake Drive East and Paul, give a little update of where we’re at and how
close we are on schedule and.
Paul Oehme: Yeah, we’re doing okay. This weather’s holding us back just a little bit but they’ll
be a week or two ahead of schedule of where we’re at right now but we’re moving right along.
14