CC Minutes 7-13-09Chanhassen City Council – July 13, 2009
to come and enjoy a free day at the Arboretum. This year in 2009 the Arboretum summer
exhibits include Waterosity and various format gardens. The Arboretum admission will be
waived throughout the day on Chanhassen day at the Arboretum for residents with valid
identification. I encourage all residents to go and experience this great national treasure that we
have right here in our city. The day will begin at 9:00 a.m. with a pre-guided nature walk by
Arboretum Naturalists. At 10:00 a.m. interim Arboretum Director, Dr. Mary Meyer and I will
give a special welcome to visitors at the visitor center. Complimentary bagels and coffee will be
available and various activities throughout the day. Waterosity, as I mentioned, is their summer
exhibit. They also have intriguing arts in the garden, cutting edge and lawns, rain gardens. Take
a guided tour. The Trumpet Creeper Tram will be providing rides along 3 mile drive. That’s a
great drive if you ever get a chance. If you’re ever out there, take the time to just drive through
the 3 mile drive on your way out. It’s a great way to reset everything and enjoy the activities.
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There’ll be kids, children’s activities as well. Great day. That’s August 7. Friday, August 7
at the Arboretum. Very good. And then with that, that completes our formal public
announcements this evening. Let’s move on with our agenda items. We’ll go to consent agenda.
CONSENT AGENDA:
Mayor Furlong: I’d like to add one item. It would be item (k) under number 1 and that is a
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consideration of a motion to change the speed limit on West 78 Street from Powers Boulevard
west to Century Boulevard up to 40 miles an hour based upon our engineering department’s
recommendation. So without objection I’ll add that it item (k) on our 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 22, 2009
-City Council Verbatim and Summary Minutes dated June 22, 2009
Receive Commission Minutes:
-Planning Commission Verbatim and Summary Minutes dated June 16, 2009
Resolution #2009-54:
b. Approve Resolution Establishing No Parking Zone along
Chanhassen Road.
c. Public Works Facility, Project 08-03: Approve Change Orders.
d. Approval of Off-Sale 3.2 Beer License, 8921 Crossroads Boulevard, Kwik Trip.
Resolution #2009-55:
e. Approve Resolution Accepting Donation from the Chanhassen
Lions Club to the Chanhassen Fire Department.
f. Award of Contract for Audit Services, 2010-2012.
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Chanhassen City Council – July 13, 2009
g. Request for Extension of Final Plat and Development Contract, Boulder Cove, Cottage
Homes.
h. Approval of Easement Acquisition from Russ Barto for Lakota Lane Cul-de-sac.
Resolution #2009-56:
i. TH 5 Improvements, PW067B2a: Approve Support Resolution
for HSIP Application.
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Resolution #2009-57:
k. Speed Limit Change on West 78 Street from Powers Boulevard
to Century Boulevard.
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
VISITOR PRESENTATIONS:
None.
PUBLIC HEARING: CONSIDER REVOCATION OF CONDITIONAL USE PERMIT,
NICK’S STORAGE, 1900 STOUGHTON AVENUE.
Kate Aanenson: Thank you Mayor, members of the City Council. Staff is requesting tonight
from the City Council the consideration of revocation of a Conditional Use Permit #87-02 and
Interim Use Permit #92-11 for Nick’s Storage and Parking. Revocation is subject to the city
code. When conditions have not been met in the permit a public hearing’s required before the
City Council in which this action is before you tonight. The property owner has been notified as
required by the city code for potential revocation. Included in the staff report is a history of this
project. This outdoor storage which goes back to 1987. I’m not going to focus on that. What
I’m going to speak to is the permit that was issued in October of 2008. On the site plan you can
see the entire property. If you recall the conditional use for additional parking separated, the sale
of the property separated and created some ambiguity that all the density or all the use went with
the one site where Nick’s Storage is. The rest of the property surrendered any development
potential until such time sewer and water becomes available. So what the applicant did, Nick’s
Storage did is ask for additional outdoor storage space. In order to accomplish that a storm water
pond needed to be created on the site, and that was a condition of approval. To date, after that
they couldn’t meet that agreement so they went back to the original underlying property owners
and agreed to, through your hearing process, agreed to put it on that property owned by Mr.
Dungey and Mr. Brown. To put the pond there which met the conditions that we had provided
storm water management, so that again was one of the conditions. The issue before you today
then is that the conditions, the pond was supposed to be constructed no later than November 15,
2008. Because of the length of time to get the permit approved, McCain and Associates, acting
on behalf of Nick’s Storage, requested an extension in writing to have it no later than 4 weeks, or
the time that the road restrictions were lifted off that area in order to get the equipment in.
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Which were May 18. To date no work has occurred on the subject site to get the storm water
ponding in place, so we’re moving close to one year. So it appears that there’s some ambiguity
of, between the property owners that may not all parties are involved. Again the City’s not a part
of that. Our interest lies in the fact that we need to see the storm water issue resolved. Again the
Parcel A and Parcel B. You can see the ponding area that was represented that that’s where it
would be constructed, shown on that diagram. Again the staff’s originally proposal was showing
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