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CC Minutes 7-13-09Chanhassen 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. th 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. th 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 3 Chanhassen City Council – July 13, 2009 it on their property. They felt for the outdoor storage putting the pond on the Nick’s Storage area encumbered their property and worked to move it off site. Again the City’s interest is having the storm water pond constructed. The next part of the staff report, we did make a site inspection just to make sure everything was in compliance. There’s some other minor things that need to be rectified but we believe those can be done. As a reminder, besides outdoor storage of the sign issue too so if we get the storm water pond constructed, that we would be, and a few other minor details here, we would be in compliance. Let’s see, again the details on the pond itself. The view. Existing site conditions. The Phase I and Phase II. The outdoor parking limited. That was the one area that we had to store an outdoor bus which would be rectified. So the motion that we’re asking for you tonight to consider is that, that the City Council move revocation of the th Conditional Use Permit #87-2 and Interim Use Permit #92-1 to September 14 City Council meeting. Allowing the applicant time to resolve this issue. Otherwise we would just put it on consent and then it would be revoked. So with that I’d be happy to answer any questions that you may have. Mayor Furlong: Thank you. Are there any questions for staff? No? I see the applicant’s here. Anything you’d like to address? I assume you might want to address… Craig Mertz: …that was hand held that I. Mayor Furlong: If you could come forward to the podium, just so people at home can hear a little bit better. Craig Mertz: Okay. Craig Mertz speaking on behalf of the applicant. We thought that we had this whole matter resolved the last time it was before the council. The council may recall that one of the documents that was submitted to council was something that we called a Cooperation Agreement that was signed by the partnership that owns the adjoining land and signed by my client, Progress Valley Mini Storage and that Cooperation Agreement was signed by one of the partners and signed by Progress Valley and the so called Cooperation Agreement provided that my client was to get an immediate right of entry to go on the partnership property to do the construction, that we were going to do the storm water construction at our cost and that the partnership agreed that it was going to sign an easement deed in favor of the City of Chanhassen for utility and drainage purposes. The snag that we have run into is that one of the two partners on the adjoining property has apparently changed his mind and now believes that there’s no need to have the drainage construction done on the site and believes that there’s no need to sign an easement and believes that the present configuration of the land, the adjoining land is adequate for drainage purposes so we’re between a rock and a hard place in that we thought that we had dotted all of our I’s and crossed our T’s by getting this partnership to sign this Cooperation Agreement and our position is that the signature of one partner on that partnership agreement should be sufficient to bind the partnership. I think they’re obligated to cooperate with us. Nonetheless we cannot produce the documents here. I think that we are in compliance on all the physical things, even the school bus stop that you flashed on that school bus. It’s moved since the staff report was done. The remaining items are just to get the drainage construction done so our request is that the City Council do nothing more drastic other than to table this consideration until September 14, 2009 meeting so that we can attempt to meet with Mr. Brown and Mr. Dungey and come to some resolution on why the Cooperation Agreement is being backed away 4 Chanhassen City Council – July 13, 2009 from. And I had sent a letter to the planning department which I basically lays out everything and I said to you today, and I thought that was going to be handed out for today’s meeting. I’m open for questions if anybody has a question. Mayor Furlong: Any questions? Mr. McDonald. Councilman McDonald: I’ve got a question. Is the City going to be a part of these discussions because it sounds as though someone on the other side has decided what the City’s requesting is not needed. Have they come forward and said anything to the City about this? Kate Aanenson: I think early on we were asked to negotiate. We don’t feel it’s our role but in deference to that we did speak to Mr. Brown. Trying to be an advocate is really not job to get in the middle of a civil issue but we did speak to him and got nowhere so that contact was made. So really it’s back to the partners. Craig Mertz: Well, the City does have a role in this. We’re plowing old ground again. The City does have a role in this because the drainage facilities that we’re talking about were supposed to have been constructed 20 some years ago when, before my client was even on the scene. So that’s our request. Don’t do anything more drastic to us other than table this til that September th 14 meeting and allow my client to work on this problem with the partnership. Mayor Furlong: Question. Ms. Aanenson, I guess by my memory that preferred solution to this was what we’re trying to do and that’s put storm water management on the adjoining property, is that, that’s originally what we did? Craig Mertz: Right. We spent in excess of $10,000 on engineering fees on this and the gist of the engineering reports were that trying to address drainage on the site that my client owns is second best at best. That the better solution was to do the plan that’s on the board where the, that pond is in the northerly corner of the adjoining partnership property. Mayor Furlong: So is it your recommendation to the council then that if we go forward with the th proposed resolution here to defer this until the 14 of September. th Craig Mertz: Give us til the 14 to meet with the partnership. Mayor Furlong: By that time will you have the construction complete or just another agreement? Craig Mertz: Well we need. Mayor Furlong: What should we expect to have… Craig Mertz: …access the property to do this construction and the City wants the signed utility easement to back up the construction and I can’t provide you know either one at the moment. th Mayor Furlong: So and I guess I’m trying to clarify. What should we expect by the 14 of September in your mind? 5 Chanhassen City Council – July 13, 2009 Craig Mertz: Well I’m hoping that I will have the signature of the partners on the easement deed and permission to enter the property and do the construction, but I’m not in control of that party so all I can tell you is we’ll use our best effort to break the impasse. Mayor Furlong: Okay. Councilman Litsey: One quick question. If you reach agreement sooner obviously you’ll start that process quicker? Or not. Craig Mertz: The sooner we get the permissions, the sooner we can get going. We’d like to end this chapter in the life of this business. Mayor Furlong: For everyone I’m sure. I guess the other question then is if you’re unable to th achieve that by the 14. Craig Mertz: Well then we’ll have to come back and talk to your planning experts here and see what, if anything we can propose to the council. th Mayor Furlong: Okay. So we’d want to do that with enough time in advance of the 14. Kate Aanenson: Yeah, we will schedule, this will be put on the docket for that meeting. Mayor Furlong: For that meeting. Kate Aanenson: Correct. Mayor Furlong: At which point we will see where we are. Kate Aanenson: That’s correct. Mayor Furlong: Thank you. Any other follow-up questions? Any discussion? Request seem reasonable to both staff and the applicant agree with the request so, is there any discussion or a motion? Councilwoman Ernst: I’ll make a motion. Mayor Furlong: Please. Councilwoman Ernst: Make a motion that we move to table the revocation of CUP 87-2 and IUP 92-1 until the September 14, 2009 City Council meeting to enable the applicant the opportunity to provide a resolution for all outstanding issues. Mayor Furlong: Is there a second? Councilman McDonald: I’ll second. 6 Chanhassen City Council – July 13, 2009 Mayor Furlong: Okay, thank you. Any discussion on the motion? Councilwoman Ernst moved, Councilman McDonald seconded that the City Council table the revocation of CUP 87-2 and IUP 92-1 until the September 14, 2009 City Council meeting to enable the applicant the opportunity to provide a resolution for all outstanding issues. All voted in favor and the motion carried unanimously with a vote of 4 to 0. Mayor Furlong: Thank you gentlemen. Craig Mertz: Thank you. Mayor Furlong: Yes, you’re welcome. COUNCIL PRESENTATIONS: Mayor Furlong: That completes our items of business this evening. We’ll move into council presentations and we have a few things to talk about I think. First of all maybe we can pick these up because I know we all had different levels of involvement but we had a little event a couple rdth weeks ago on the 3 and 4 of July. That was attended by a few of, or I should say tens of thousands of our closest friends so Todd, maybe you could just give us a quick update. I’m sorry to put you on the spot but since you’re here. It was a wonderful city party basically. Todd Hoffman: Absolutely. Two day event. Friday and Saturday. Friday was a holiday for most people and staff spent the day here setting up the evening’s event which included the street dance, the carnival, all the family games, the expanded venue heading all the way north on the playground. A much improved carnival layout and midway which people appreciated and we really sensed that we had the largest crowd of any year in our 26 year history of the event that evening and they stayed right up until the 11:00 bell and I asked the carnival, when do you shut down and they said well when people leave so they’ll stay open as long as the last people are available. The Rotary participated that evening again with their Taste of Chanhassen and the thth Rotary Beer Garden, which both went very well. CBO was back for their 11 or 12 year I believe it was and they entertained the crowd in a great fashion. They really appreciate the crowd here. It’s their favorite night of the year. They love coming to the Chanhassen Street Dance and playing. We opened up the next morning with the adult fishing contest at 7:00 a.m. so after a 1:30 clean-up the previous night and a 5:30 wake up, we’re down at the Lake Ann beach and boat access for 50 eager participants in that event. It’s become a real tradition in our community and then we follow that with a kid’s fishing contest. Games at the beach. Sand sculpture. The treasure hunt and then we move back up town for the parade at 2:30 which again a great day. Ended up would be about 80 registrants and again the Rotary sponsored that event th as well on the 4 of July. Many of you were in the parade or attended the parade and participated so a great day and then we wrapped it up with the fireworks and the carnival and all the other activities that took place that day so, wonderful 2 days. We receive many thank you’s from the community. People just stop in the middle of the street and roll down their window and th say thank you for the 4 of July. They really appreciate it. 7