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CC Minutes 10-13-08City Council Meeting - October 13, 2008 e. Approval of On-Sale Temporary Liquor License for November 8, 2008, St. Hubert Catholic Community, 8201 Main Street. Resolution #2008-51: f. Approval of Quotes for City Hall Standby Generator Improvements. Resolution #2008-52: g. 2008 Street Improvement Project 08-01: Approve Quote for Storm Pipe Replacement on Beachlot. Resolution #2008-53: h. Public Works Maintenance Facility Project 08-03: Approve Quotes for Granular Borrow Material and Trucking Services. Resolution #2008-54: i. Resolution Authorizing Execution of Limited Use Permit with State of Minnesota, Department of Transportation for a Pedestrian Trail in the Right-of- Way of State Highway 41. All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS: None. NICK’S STORAGE & PARKING: REQUEST FOR AMENDMENT TO CONDITIONAL USE PERMIT, 1900 STOUGHTON AVENUE, APPLICANT: JACQUES GIBBS. Mayor Furlong: Let’s start with the staff report please. This is an item that we’ve had before us so maybe if you could give us an update of where we were and where we are to this evening. Kate Aanenson: Thank you Mayor. This item has been on for a number of City Council meetings. So we do have a quick power point just to kind of remind everybody how the issues. Originally there was 3 issues. Expansion of the outdoor storage, signage variances, and so we think, and amendment to that conditional use so I think we resolved a couple of the issues so I’ll go through those again. Reminding you the site is outlined in yellow on the picture here. And located on Stoughton Avenue at 212 as you indicated. The original request for the amendment to the conditional use and interim use permit was for the 60 outdoor storage parking stalls. As you recall we did resolve that if the additional buildings were to be placed on the site, then that would eliminate the outdoor storage. That would have to go away with the expansion of the next phase, so that would eliminate that and I think there’s concurrence on that. The other issue, issue number 3 that we did resolve was the storage. They did work out with the adjoining property owner to provide the storm water pond. One of the conditions of approval with this application then would be to get security to make sure that happens in a timely manner. So that issue has been resolved. Then the last issue that we spent quite a bit of time on last meeting was actually the signage, and we talked about what were the ordinances in place, and we felt that there could be some relief, but as it turns out in looking through the variance, or the standards that were in place in 1986, that it really eliminated, they have to eliminate one sign but other than that the rest of the signs that stay in place do meet the requirements. There have to be some minor modifications, which the applicant has agreed to, so therefore the sign variances do go away. I’ll show those specifically by location. The first sign, the entrance sign is a, must be a ground low 5 City Council Meeting - October 13, 2008 profile. Again these are to be legal, non-conforming. Have to be consistent with the standards that were in place in 1986. So this is what they would be. A low ground profile so it means it has to be as our ordinance defined it back then, affixed to the ground so that needs to be lowered. Sign number 2 must be removed from the site. It’s off premise and that’s the one we showed that we had recommended a variance before but now we’re going with a variance free, going back to the 1986 rules. Sign number 3 was permitted. A pylon sign was permitted in 1986. Again there’s still disagreement whether or not there was permits issued but we’ve agreed to acquiesce on that issue and just follow those 1986 rules. So they will re-face the sign and then again get a sign permit to be consistent with the ordinance. And then the fourth sign would be the directional sign removed from the site, so the signs, the two signs permitted then which they’ve agreed to. So with that, we are recommending approval. Again it’s the amendment to the conditional use which would allow the outdoor storage, and that goes away with Phase III. And again they do have to do conditions in the staff report and specifically a lot of those relate to the drainage and the security posting and make sure that that is resolved. So with that we are recommending approval. Mayor Furlong: Questions for staff. Anybody want to start? Councilwoman Tjornhom. Councilwoman Tjornhom: You know actually I don’t. I think the staff report was pretty self explanatory. I think this is the third meeting obviously we’ve had so I’m just relieved that everything got resolved. It’s working out for all parties. On working on the issues. Mayor Furlong: Thank you. Any other questions at this point? The, could you go back to the sign number 3 which I think is the pylon sign. You say a sign permit is required. Kate Aanenson: Correct. Mayor Furlong: So as part of the condition they’re going to have to submit for a sign permit for this pylon sign. Kate Aanenson: Yep. Mayor Furlong: And then is the current design of that sign, did that meet the standard? Kate Aanenson: That’s correct. Mayor Furlong: Okay. So the lights on the inside and the plastic. Kate Aanenson: Yep, and the one issue that we did resolve was the size of the logo. There’s a certain percentage requirement. They did calculate that so it is compliant with the current regulations as far as what can appear on the sign itself. Mayor Furlong: Okay. And all that information would be contained in the permit that they. 6 City Council Meeting - October 13, 2008 Kate Aanenson: Correct. And we have verified that ahead because if they did want a variance, we wanted to make sure we didn’t have to come back again so all that, the actual permit was reviewed so it is compliant so it’s just a matter of issuing it after your direction tonight. Mayor Furlong: Okay. Alright. And so the, just to be clear what staff is recommending is the red lined motion that’s in the staff report. Kate Aanenson: That’s correct. And we did do new Findings of Fact because things have changed. The variances are no longer applicable so the Findings of Fact have been revised and that’s also a part of the motion there too. Mayor Furlong: Okay. Alright. Any other questions at this time? Councilman Litsey: Just quickly. So then in essence we’re going back to 1986. Using that as our benchmark for whether or not these signs meet the ordinance at that point in time? Kate Aanenson: Correct. Councilman Litsey: And that was kind of a compromise worked out and everyone’s in agreement. Kate Aanenson: Yes, that’s correct. Councilman Litsey: Good work coming to a resolution. Mayor Furlong: And I think the clarification there is, is that they have to be conformance with what was in place in. Councilman Litsey: At that time. Mayor Furlong: At that time so. Kate Aanenson: That’s correct. So they still had to make some modifications. The one sign that was too tall. Didn’t meet even back then the monument definition. Mayor Furlong: Yep. Kate Aanenson: So they did have to make some changes. Mayor Furlong: And the other ones are coming out. The pylon sign is allowed. Kate Aanenson: Right. And then what the lettering and the logo meets the current sign ordinance so it’s a compromise. Mayor Furlong: Okay. 7 City Council Meeting - October 13, 2008 Councilman Litsey: So it created more common ground in which to reach a compromise basically. Kate Aanenson: I think so. I think so yeah. Councilman Litsey: Great, okay. Kate Aanenson: And that from the beginning was their issue was getting the pylon sign. Again we acquiesced on whether or not there were permits issued at that time. The legality of that. We just went back to what the rules were in place and again tried to find that middle ground. Mayor Furlong: Alright. Any other questions for staff at this time? The applicant’s here, or at least their representative is here. Would you like to come forward sir? Craig Mertz: We support the staff report. Mayor Furlong: If I can have you come to the microphone just to make sure people at home can hear and introduce yourself for the record. Craig Mertz: Craig Mertz here, attorney for the applicant and we have read the staff report and Mr. Gibbs, the President of the company is here along with his on-site manager and we support the staff report. Mayor Furlong: Okay, thank you. Any questions for the applicant? No? Okay. Let’s bring it to council then. Any thoughts or discussion? Councilman McDonald: Well I guess I’m just glad to find that the, we’re able to resolve this in a manner beneficial to both parties so hats off to staff and also to the applicant for working with staff, so thank you. Mayor Furlong: Anything else? No? I would concur. That being said, if there’s no further discussion on this item, is there a motion? I believe it begins on page 12 of the staff report. Kate Aanenson: Or you can read it on the front page too. Councilwoman Tjornhom: Does the front page one work too? Kate Aanenson: Yes it will. Councilwoman Tjornhom: Okay. I’ll go ahead and make a motion. Mayor Furlong: Councilwoman Tjornhom. Councilwoman Tjornhom: Make a motion the City Council approves an amendment to the Conditional Use Permit #87-2, Planning Case #08-10 to permit a total of 60 outdoor storage 8 City Council Meeting - October 13, 2008 spaces to be located in Phase III of the site subject to conditions 1 through 15 on pages 12 through 14 of the staff report and the attached Findings of Fact and Decision. Mayor Furlong: Thank you. Is there a second? Councilman Litsey: Second. Mayor Furlong: Motion’s been seconded. Any further discussion of the motion? Councilwoman Tjornhom moved, Councilman Litsey seconded that the City Council approves an amendment to Conditional Use Permit #87-2 to permit a total of 60 outdoor storage spaces to be located in Phase III of the site and the attached Findings of Fact and Decision, subject to the following conditions: 1.The 60 parking stalls for various vehicle storage, shall be confined to the area labeled Phase III in the staff report and the area shall have a gravelor grass surface. 2.The applicant shall provide 15 Black Hills Spruce along the fence line to provide 100 percent screening of the outdoor storage area. a.The applicant shall submit a letter of credit to cover the cost of material installation and one year warranty. 3.Drainage and utility easement is shown but must be revised to include: a.Add ten feet of width for a total of 20 feet of easement between the drive entrance and the pond easement. b.Provide drainage and utility easement description and drawing. c.Drainage and utility easement must cover entire 944 contour on the east side of the pond. 4.Update sheet 2 of 2 skimmer detail to show a berm elevation of 744. 5.Plans and report must be signed by a registered engineer registered in the state of Minnesota. 6. Security of $12,000 must be provided to the city for the construction of the pond and maintenance of erosion control, along with the signed CUP agreement. 7.The pond must be completed no later than November 15, 2008. 8.A detailed erosion control plan will be needed. At a minimum, this plan shall include: a.Erosion control blanket (category 3) on all slopes 3:1 or steeper. This includes the ponds. b.Perimeter silt fence needs to be shown. A re-vegetation plan for all disturbed areas. Deep-rooted woody vegetation is encouraged north of the outdoor storagearea. c.An inspection of erosion control must be conducted prior to construction commencement. 9 City Council Meeting - October 13, 2008 9.Any additional development to Parcel A or Parcel B shall require additional stormwater ponding. (This would include Phase III of Parcel A). 10.The 60 outdoor storage units shall not increase the hard surface coverage on the site. 11.The outdoor storage shall be removed from the site upon completion of Phase III of the mini- storage facility. 12.Sign 2, the ground low profile sign along Old Highway 212, must be removed. 13.Sign 4, the directional sign at the corner of Old Highway 212 and Stoughton Avenue, must be removed. 14.Sign 1, the entrance sign along Stoughton Avenue: a.Shall meet the definition of a ground low profile sign in that it must be in contact with the ground; b.May not exceed 64 square feet of sign display area; c.May not be greater than 8 feet in height; d.A sign permit must be approved prior to alterations and Signs 2 and 4 must be removed prior to sign permit approval. 15.Sign 3, the pylon sign along Old Highway 212 - A sign permit must be approved prior to alterations and Signs 2 and 4 must be removed prior to sign permit approval. All voted in favor and the motion carried unanimously with a vote of 5 to 0. ARBORETUM SHOPPING CENTER: CONSIDER REQUEST FOR A MINOR PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT TO ALLOW AN LED MOTION SIGN ON THE PERMITTED SIGN ON PROPERTY LOCATED AT 7755 CENTURY BOULEVARD (LOT 2, BLOCK 1, ARBORETUM SHOPPING CENTER). APPLICANT: SIGN SOURCE & NORTH COAST PARTNERS, LLP. Kate Aanenson: Thank you. This application is an amendment to a PUD. This is a neighborhood shopping center district and this item was held, a public hearing was held before nd the Planning Commission on September 2. They did spend some time discussing motion signs and how they’re interpreted and I’ll discuss that in a minute as we go forward. This sign does, this property is located on the intersection of Century Boulevard and Highway 5. When the sign package was put together, that back lot does abut residential. While there is a buffer there because of the Bluff Creek overlay zoning district, the property in this corner up in here is part of the Arboretum Village. So in looking at the sign package there it was intended to actually put a sign for this property, instead of on the street frontages, to Highway 5 where it got better visibility. So this is the sign we’re talking about. The PUD says monument signs only. Not to exceed 10 feet, and then the Lot 2, which is this front, also has a sign, a monument sign for the gas station. So in looking at that amendment, and the location of the signs, the applicant wanted to do a pretty large scrolling, changeable copy sign. So in looking at reviewing that, we want to 10