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CC Minutes 7-14-08 CHANHASSEN CITY COUNCIL REGULAR MEETING JULY 14, 2008 Mayor Furlong called the meeting to order at 7:05 p.m. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilman Litsey, Councilwoman Ernst, Councilwoman Tjornhom, and Councilman McDonald STAFF PRESENT: Todd Gerhardt, Roger Knutson, Laurie Hokkanen, Kate Aanenson, and Paul Oehme PUBLIC ANNOUNCEMENTS: Mayor Furlong: Thank you and good evening. Welcome to everyone that has joined us here in the council chambers, as well as those watching at home. We’re glad that you joined us this evening. At this time I would ask members of the council if there are any modifications to the agenda. If not, without objection we’ll proceed with the agenda as published. CONSENT AGENDA:Councilman Litsey moved, Councilwoman Ernst seconded to approve the following consent agenda items pursuant to the City Manager’s recommendations: a. Approval of Minutes: -City Council Work Session Minutes dated June 23, 2008 -City Council Verbatim and Summary Minutes dated June 23, 2008 Receive Commission Minutes: -Planning Commission Verbatim and Summary Minutes dated June 17, 2008 Resolution #2008-40: b. Approve Resolution Establishing a No Parking Zone on TH 101 North. c. Approval of Amendments to Purchasing Policies and Procedures Manual. All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS: None. PUBLIC HEARING: CROSSROADS OF CHANHASSEN, NORTHWEST CORNER OF TH 101 AND LYMAN BOULEVARD, KRAUS-ANDERSON: A. PUBLIC HEARING ON THE VACATION OF OLD TH 101 RIGHT-OF-WAY. ND B. FINAL PLAT APPROVAL, CHANHASSEN CROSSROADS 2 ADDITION. City Council Meeting - July 14, 2008 C. APPROVAL OF QUIT CLAIM DEED CONVEYING .02 ACRES FROM THE STATE OF MINNESOTA TO THE CITY. Mayor Furlong: Now we will go on to item number 2 and there will be public hearings here associated with item 2(a), is that correct? Kate Aanenson: That’s correct. Mayor Furlong: But 2(b) and 2(c) do not necessarily require a public hearing. Kate Aanenson: That’s correct, but if it’s alright with you Mayor and members of the council, I’d just like to present it as one item and then you can ask for a public hearing afterwards. I think see how they’re inter-related. Mayor Furlong: Absolutely. Without objection let’s go ahead with that and we’ll start with the staff report please on items 2(a) through (c). Kate Aanenson: Sure. The application for the vacation is intrinsically linked with approval of the site plan. In order to approve the site plan we have to vacate the right-of-way. The subject site, Crossroad Plaza is located at the intersection of Lyman Boulevard and 101. You have approved the first phase but again as I mentioned the 101, the old 101 as shown on here, this area here. The old right-of-way needed to be vacated in order to approve the rest of the plat. So since that has been vacated and the easement is no longer needed, the city does want to retain a drainage and utility easement over the rest of that, and I’ll show you how that relates to the site here. Again this is a site that was approved, the site plan. So this is part of the old 101 here where the buildings are sitting. So that vacation needs to occur for those buildings to go forward. This is the vacation right here. Again approximately where the buildings are. This portion of the road was approved with the first phase but the vacation needs to occur for those buildings to be platted in the second phase. So that’s the issue that relates to the vacation, and that motion is on that first part of your staff report. 2(a). And what the motion says is that you’re approving the resolution but technically you’re approving the vacation through a resolution. So the next part is the final plat for Phase II, which is on this plan Outlot A which creates. This is what’s originally approved on the other side. Those two lots. So with the second addition you’re approving Lots 1 and 2 so if you go back to the other one, there’s two sites included with that. Outlot 1 and Outlot 2 are proposed for retail buildings. Outlot A will have the wetland and then the rest of that’s in a storm water pond up on the northern portion. With this, because we are platting, there is extraction with this. There is the stormwater fees. Quantity and quality fees. There’s also a 101, a collector and arterial fee. And park and trail fees. Again as I mentioned with the new vacation of the road right-of-way, we are maintaining drainage and utility easements in that area. But all the conditions of the staff report for the vacation we showed in the staff report all the original conditions that apply to this plat and showing whether they’ve been met and need to continue to be met so with that we are recommending approval and there are 21 conditions of the staff report. So again the two motions are on the plat. Is there any questions about the plat itself? Kind of go back, whoops. This first one. If there’s questions on kind of that layout. They are up there grading right now on the site. Putting in the utilities. We did approve the, with that first phase so they are working on the site. 2 City Council Meeting - July 14, 2008 So with that we’d recommend approval of the two motions. If you have any questions, I’d be happy to answer them. Again we need a public hearing on the first one. Mayor Furlong: Okay. We actually have 3. Does that include (c) too which is the purchase? Kate Aanenson: Oh I’m sorry. There is a, I missed one. (c) is also, yeah. The accepting the 2 acres adjacent to the Crossroads. I’m sorry. And that’s (c). Mayor Furlong: That’s item (c). Kate Aanenson: Correct. Mayor Furlong: Okay. Alright. Any reason that, well let’s defer on that question. Any questions at this point on any of the items listed under 2(a), (b) or (c) for staff? No? Okay. If not then it’d be appropriate to proceed with the public hearing on item 2(a) and I would invite any interested parties to come forward to the podium and please state your comments to the council. Okay, seeing nobody at this time, without objection we’ll close the public hearing and bring it back to council for discussion. Any discussion on any of these items 2(a), (b) or (c)? Straight forward. This is again probably the third time at least that we’ve seen this item as a council. Kate Aanenson: Yeah. Mayor, for this item right here. This is that little piece on (c). Mayor Furlong: Yep. Kate Aanenson: Okay. I’m sorry. Mayor Furlong: …and it’s excess right-of-way that the city’s taking. It will be part of the underlying public road right-of-way. Very good. Is there a motion to adopt the recommended motions for items 2(a), (b), (c) and (d)? Councilwoman Tjornhom: I’ll move that one. Mayor Furlong: Okay, thank you. Is there a second? Councilman Litsey: Second. Mayor Furlong: c? Todd Gerhardt: a, b and c, correct. Mayor Furlong: a, b and c. Is that what I said? That’s what I meant to say. Todd Gerhardt: Thought you added a (d) in there. 3 City Council Meeting - July 14, 2008 Mayor Furlong: Well just, you know in case we needed something more. A, b, c. Very good. That’s the motion. It’s been made. It’s been seconded. Any discussion on the motion or clarification on what we’re voting on? Very good. Resolution #2008-41: Councilwoman Tjornhom moved, Councilman Litsey seconded that the City Council approve a resolution vacating the roadway, drainage and utility easement located adjacent to and west of Crossroads Boulevard, and within Outlot A of Crossroads of Chanhassen. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Councilwoman Tjornhom moved, Councilman Litsey seconded that the City Council grants final plat approval to subdivide 6.15 acres into two lots and one outlot, Crossroads nd of Chanhassen 2 Addition, as shown on plans stamped “Received May 12, 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 $24,611.56. 4.Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Type of Slope Time (Maximum time an area can Steeper than 3:1 7 days remain open when the area 10:1 to 3:1 14 days is not actively being worked.) Flatter than 10:1 21 days These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man- made systems that discharge to a surface water. 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 4 City Council Meeting - July 14, 2008 be covered by a cross-access agreement. The proposed watermain must wet tap the existing watermain. 8.Any gas, electric, cable, or telephone located outside of a public easement must be relocated. Provide plans which show the new location of these utilities. 9.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. 10.A 30-foot drainage and utility easement is shown on the Second Addition Final Plat. This easement must be changed to 35 feet due to the depth of the storm sewer. A private cross- access agreement will be needed over the proposed storm sewer servicing both lots. nd 11.Approval of Crossroads of Chanhassen 2 Addition is contingent upon the City Council approving the vacation of Old Highway 101 Right-of-Way. 12.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. The total amount due at the time of final plat recording is $6,730.66. 13.Encroachment agreements are required before the construction of signs within drainage and utility easements. 14.All outstanding assessments must be paid prior to final plat. 15.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. 16.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. 17.The applicant shall meet minimum bufferyard requirements for the west and south property lines. Escrow funds in the amount of 110% of the value of the landscaping cost shall be received by the City prior to issuance of any building permits on Lots 1 and 2, Block 1, nd Crossroads of Chanhassen 2 Addition. 18. All of the maintenance for landscaping and irrigation within the City right-of-way must be maintained by the developer. 5 City Council Meeting - July 14, 2008 19.Any existing public utility not covered by right-of-way or easement will require drainage and nd utility easements to be dedicated on the final plat for the Crossroads of Chanhassen 2 Addition. 20.The sidewalk on the west side of Crossroads Boulevard will need an easement over the portion which is not in the right-of-way. nd 21.Storm runoff from Crossroads of Chanhassen 2 Addition must discharge to the drainage pond constructed with Crossroads of Chanhassen. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Councilwoman Tjornhom moved, Councilman Litsey seconded that the City Council accept the +\- .02 acres of land adjacent to Crossroads Boulevard Right-of-Way from MnDot and approve the Quit Claim Deed. All voted in favor and the motion carried unanimously with a vote of 5 to 0. NICK’S STORAGE & PARKING, 1900 STOUGHTON AVENUE, APPLICANT: JACQUES GIBBS: REQUEST FOR AMENDMENT TO CONDITIONAL USE PERMIT NO. 87-2, VARIANCE REQUESTS. th Nick’s Storage. This item did appear before the Planning Commission on June 17. The Planning Commission unanimously approved the project. There’s two motions. One to amend a conditional use and one for a variance for a sign permit. So I’d like to give you the background on this application. It’s a little complex. When it first came before the staff, we spent a lot of time trying to resolve how to reconcile the application itself and we took a course of action that we felt, based on the circumstances, seemed to make the most sense. The site itself is located along the 212 corridor on Stoughton Avenue. This would be Stoughton and this is 212. It’s also bordered by Chaska. Chaska has these pieces here, and also the abandoned trail along here. This is Chaska and the Gedney Pickle site which is in Chanhassen. And then this parcel here is with the newly upgraded Xcel Energy site. So the site itself is zoned business fringe. Business fringe does allow cold storage, as this is, and outdoor storage. The site was approved way back in 1987, so it’s been in place for over 20 years and was amended in 1992, and that’s where some of the ambiguity comes in place with the conditional use and the interim use. So the property that was approved for a site plan was on Parcel A, and then there’s Parcel B. The interim use and the conditional use go over both parcels, so the entire property within that conditional and interim use is 16 acres, or 16 acres. So there were 3 phases. The first 2, this was the first phase. These buildings. Phase II and then Phase III. Again that included 8 storage buildings. So with Phase I and II, 20% of the 16.29 acres were built on and there’s additional phasing for 2 additional buildings on Parcel A. Back in 1992 they wanted, the applicant went to the City Council to get the original conditions approved to allow trucks and trailers so the interim or the business fringe district was amended to allow the outdoor storage for the sales trailers. And then behind that were the conditions outlined for those terms to be met. Staff in their report put together what those original conditions were and have they been met or not. Again the conditions were that the, quantify the number of outdoor storage and then the screening and where they could be confined to. Again everything was confined to Area 1. It should be noted too at that time there was a ponding requirement on the property in Parcel B. So in 1992 then after a second reading, 6