Loading...
CC Minutes 11-23-09 Chanhassen City Council – November 23, 2009 TH CHANHASSEN TRANSIT STATION, 500 WEST 78 STREET: A. PUBLIC HEARING ON AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS. B. APPROVAL OF SITE PLAN WITH VARIANCES AND PRELIMINARY PLAT. C. APPROVAL OF PURCHASE AGREEMENT WITH BLOOMBERG COMPANIES; COOPERATIVE AGREEMENT WITH SOUTHWEST TRANSIT; REDEVELOPMENT AGREEMENT WITH BLOOMBERG COMPANIES; SPECIAL ASSESSMENT AGREEMENT WITH BLOOMBERG COMPANIES; RESOLUTION WAIVING APPROVAL BY THE PLANNING COMMISSION AND ACCEPTING THE DEED FROM THE ECONOMIC DEVELOPMENT AUTHORITY; RELOCATION AGREEMENT WITH EXCELSIOR ENTERTAINMENT, LLC. Paul Oehme: Thank you Mayor, City Council members. We’ll start off tonight with the public rd improvements portion of the project. As you may recall on March 23 of this year the council received a feasibility study for this project and reviewed the scope of the project as well. But since then the changes to the feasibility study were necessary as a result of continued coordination with Southwest Transit and Bloomberg Companies as the plans for this development have taken place. Attached to this background is the feasibility study amendment and identifies the details for the project as well. So tonight staff would like to review this feasibility study and amendments that go along with it and hold a public hearing. Since a large portion of the improvements are proposed to be assessed back to the benefitting property owners so with that I’d like to invite Jon Horn with Kimley-Horn Associates who has drafted the feasibility study to give a brief summary of the public improvement project and the associated plans for it. Mayor Furlong: Very good, thank you. Good evening. Jon Horn: Good evening Mayor, members of City Council. As Mr. Oehme mentioned my name is Jon Horn from Kimley-Horn and Associates and we’ve been working with city staff as well as the other project partners, Southwest Transit and Bloomberg Companies on the downtown transit station improvement project, specifically the public improvements that are required for the downtown transit station. Wanted to briefly tonight just kind of run through the project for you. Give you a little more information on the project background with costs and the financing plan. The public improvements are the site improvements necessary to support the development of a 420 vehicle parking ramp and transit station to be built by Southwest Transit. The site is located th south of the Chanhassen Dinner Theater, just west of West 78 Street. The project has required significant coordination with Southwest Transit in terms of trying to make sure that the public infrastructure matched in with the ramp improvements themselves. There’s a number of land acquisition pieces that I’ll touch briefly on, and then the project does require agreements with both Southwest and Bloomberg and those are included later on in your agenda tonight. In terms of the project location, the project is again just south of the Chanhassen Dinner Theater. Just th west of West 78 Street. There are city improvements as well as private improvements that are being constructed as a part of this project. The public or the city improvements include the demolition of an existing scene shop in the area that’s being used by the Dinner Theater. Some 38 Chanhassen City Council – November 23, 2009 grading and site preparation work. Relocation of the existing sanitary sewer and watermain in the project area, and some street and storm drainage improvements as necessary to provide access into the ramp facility. The portions of the project that Southwest are building is the ramp itself. They will build a parking ramp. There are some parking lot modifications and connections to public street improvements that Southwest will be doing, as well as some private utility relocation. The project is proposed to be phased really for coordination purposes. The first phase is a city contract. This will be a project that the city will let and includes the demolition of the scene shop. It includes the utility relocation. Some site grading and site improvements basically to prepare the site for the construction of the parking ramp. Once that’s complete the parking lot will come in and build all the remaining improvements. There are a portion of the public improvements that will be built as a part of that parking ramp project primarily for coordination purposes so that city street and city storm sewer and sidewalks will be built as a part of the parking ramp construction project. Land acquisition, the current project, the project will be built on land currently owned by Bloomberg Companies. As a part of this project there’s a number of land acquisition things that will happen. The City will acquire land as necessary for the existing depot station that’s in the area, as well as the public street right-of-way necessary to build the improvements. In addition there’s acquisition and a relocation cost for that Dinner Theater scene shop that I mentioned. There’s a temporary construction easement necessary to build all the improvements and then Southwest will be acquiring the property for the parking ramp directly from the Bloomberg Companies. This exhibit shows the land acquisition. In purple you can kind of see the purple corridor is the city right-of-way that the city will be acquiring. The triangular piece just south of that purple right-of-way is the land that Chanhassen will be acquiring for the depot station and Chanhassen also owns a small chunk of th property and existing monument is just west of West 78 Street, north of the right-of-way. The yellow parcel is the parcel Southwest will be acquiring with the construction of the parking ramp itself. There’s also a small utility easement, roadway easement just to the west of the roadway right-of-way that Chanhassen will also be acquiring as a part of some of the improvements that are included as part of the project. So that’s various, all the various land acquisition things that are happening as a part of the project. There’s been a plat that’s been prepared to basically facilitate all these land transfers. Watermain and sanitary sewer, I mentioned those are public improvements that Chanhassen will be funding. There’s currently watermain and sanitary sewer that runs right through the footprint of the existing ramp. As a part of this project we’ll be shifting those utilities south of the ramp to prepare the ramp site for the rail construction. Street and storm sewer. Everything’s shown in yellow and red on this exhibit. As a part of the public improvements Chanhassen will be constructing a street that provides access to the ramp as well as a continuous sidewalk along the north side of the street system that can provide a connection between the existing pedestrian facilities in the area. In terms of estimated cost, total project cost is a little over $1.8 million dollars, of which about 974 is for the various improvement costs and about $827,000 is associated with all the various right-of-way pieces. As you can see on the slide there’s a couple of components that are the City’s responsibility. The City will be paying the cost for the sanitary sewer and watermain relocation, and the acquisition of the land parcels that are necessary for the roadway as well as for the depot station site. The financing plan is really a partnership project. Southwest Transit’s paying for part of the project as well as Bloomberg and then the City of Chanhassen’s got a component. The agreements between Southwest and Bloomberg is that Southwest would pay for 49% of the proposed improvements that would be assessed. Bloomberg will pay 51% and the City’s paying for the sanitary sewer 39 Chanhassen City Council – November 23, 2009 and watermain as well as the land acquisition parcels that I mentioned. Chanhassen’s total contribution is a little over $307,000 of which a portion would come from the sanitary sewer utility fund, a portion from the water utility fund and a portion from the revolving assessment fund. In terms of the portion that says Southwest and Bloomberg are paying for, there are a number of agreements that have been established, prepared to identify that and again those are included later on in your agenda but I just wanted to mention them as a part of this presentation. In terms of the project schedule, Mr. Oehme mentioned that there was previously a feasibility th report that was done and received by the council back in March. On November 9 council received an amendment basically which was necessary as a result of continuing coordination with the project partners. Tonight’s the public hearing. If the council elects to proceed this evening, the project will continue on to the completion of final plans and specifications with the intention that those plans and specs would be done in January and be brought back to the council th on January 11 for review and approval. Assuming that happens at that time, we then go through the bidding process and again the Chanhassen, the Chanhassen piece, Chanhassen would bid the utility relocations and some of the site prep as a part of the city, as a city project. The roadway and storm sewer work would be included as a part of the project that Southwest Transit would build but again the bidding process would be very concurrent. The site improvements that Chanhassen, the City of Chanhassen would build would be done early in 2010. Between April and June which would allow the ramp construction improvements to occur after that. Likely starting in late June or early July and continuing on til August of 2011. That’s just a brief overview. With that I guess I’d be open to any questions or comments from the council. Mayor Furlong: Any questions for Mr. Horn? At this point. Okay. Councilwoman Tjornhom, nothing? Okay. Very good. We may have some in the future. Let’s go, I know we have representatives from Southwest Transit here, the applicant. We’d like to, anything you’d like to present at this time? Todd Gerhardt: Len had a power point to show some of the demands for ridership at this point. Why this project. Mayor Furlong: Little bit about the project. Thank you. Good evening. Len Simich: Good evening Mayor and members of the council. My name is Len Simich. I’m CEO of Southwest Transit. I’m here with members of our team. If you have any specific questions related to the site itself or the ramp or station that we will hopefully be starting construction on sometime in early 2010. Prior to the meeting I was informed that there was a few questions related to the project in terms of what is the future or anticipated use at this site. How we generated that information and so forth so I just wanted to kind of walk you through a little bit of that information. How do I control this? Okay, just a little bit of background. This project actually began for us back in 2005. We submitted for a federal grant, which we did receive. At that time the total was a request for federal dollars of $5.5 million and $1.3 would be coming through the State that we would access through the Metropolitan Council. This project did rank number 11 out of 21 applicants that year. It was the final project that was selected for funding. In terms of how it was selected, there were a number of factors. One included the growth of our system. The park and ride usage that we were experiencing. The projected population increases for this area. Corridor congestion and then there was a whole 5 step 40 Chanhassen City Council – November 23, 2009 modeling process that the Metropolitan Council looked at as well as a number of other studies that really kind of got to this specific use, and I’ll talk about each real briefly. In terms of the system growth, what you can see here is the entire metropolitan region from 2003 actually up through 2007. As you can see most of the transit systems across the metro area did see some significant growth during that time. None quite the same extent as Southwest Transit. We were the fastest growing system, not only here in the metro area but in the entire state. Here’s a shot of the capacity. The usage. I’ll draw your attention to the third column. That really looks at, or the fourth column. The number of stalls that are, were used at the time versus the number that we had in our system. Again Southwest Transit had the highest utilization at 99%. That has improved in terms of we have additional stalls now since the construction of the Southwest Village as well as the East Creek Station in Chaska, but this is a snapshot back in ’07 and in ’05 when the application was put in, it was looking pretty much the same. You’ve probably seen these. I’m not going to go through these. This came through the County but you can see that this county is growing and will continue to grow out through 2030. The demand for our services will be growing along with it. This is just a map again, this is a 2008 but as you can image back prior to even the 212 improvements the miles of congested freeway corridors that we travel on a daily was pretty severe so again that helped in terms of our overall application of why this project was funded over others. The five step model that I talked about, I won’t go through all the various factors that they look at, but this is very specific to this site. The Metropolitan Council through their modeling had a demand estimation of 450 by 2010. All the way up to 750, and this is in terms of stalls, by 2030. The County, Carver County and Southwest Transit partnered with the IBI Group, which is a national consulting firm to kind of look at transit ridership in our whole service area. Again from this specific site these were the numbers that they had come up with in terms of what they anticipated our demand would be all the way up through 2020. Both if we were putting in additional improvements and like when we talk about improvements really frequency of service to actually leaving it as it was back in ’06 so you can kind of see some of the demand estimations that were driven at that time. And this is another one that we kind of look at through our park and ride study that we had done. We really look at the entire corridor. The number of the workers commuting to downtown Minneapolis because again that’s pretty much our bread and butter in terms of our system. And then looking at estimated transit users and park and ride users. I should mention this chart doesn’t show but low is about 15% of all those commuters using transit to a high of 40. How we got to that, right now in the Minneapolis area about 40% of the workers access their jobs daily using public transit. We feel just that the make-up of our area and the type of jobs we probably would never read to that 40 but the medium is a 30 so it kind of gives you an example from a low of 15 to a medium of 30 there. So what’s changed since the application? Well, again we have, like all transit systems across the country for the most part, have seen less people using our system this year. Less people working. Less people using the bus. For systems like Southwest that really rely on that work force commuter, we’ve been hit pretty hard so we are down right now 10 to 12 percent over what has been consistently double digit increase growth up to this point. The fuel prices have stabilized. I think we’re all happy about that because we buy fuel but it does drive less people to the bus and more to their automobiles when the fuel prices are down or stabilized. The level of freeway congestion has improved. Again 212 has done a lot for us. Again unfortunately less people working. Less people driving so I think the peak hour commute has been better for many folks. Parking has become more available and affordable in the downtown core. Not that a lot of additional lots have been built but again, less people working has opened up those 41 Chanhassen City Council – November 23, 2009 additional stalls. Again driving some people more to using their automobile than using public transit. Our funding levels, and this is something I think the City Council should take notice of. Our funding levels have reduced. The MVST base, the motor vehicle sales tax is the primary source of funding outside of the fare box that we use to fund all of our services. Again less people buying cars. Less money coming into the system. But there’s also some other things that have happened and some of the other fundings that’s controlled by the Metropolitan Council. They have pretty much shut off the spigot to us and that’s the MVST. We call it discretioning, discretionary or I should say they call it discretionary. This is what transpired a few years ago when there was a Constitutional amendment putting more money into transit. They’re holding us pretty much to our base right now. We have in the past received additional dollars. We are hopeful we’re going to receive some of those dollars in the future but they’re becoming harder and harder to access. Same thing with some of the State supplemental funding. Some of the federal formula funding. Even homeland security funding has been cut off from our use so this is something that we’re very concerned about as we move into the future. As I mentioned our ridership did drop for the first time since 1996. This kind of gives you an indication. The last line there is where we think we’re going to come in at the year’s end. The one just before that is the actual ridership that we’ve had through October. So why should we move forward with this project now? I think you know like any of the, any transit, major transit project, we have to really be looking out into the future. Not just the what has transpired here recently, but the three big we have for our type of system. We have to be able to find stalls or park people that use our services. We have to have capacity to carry the people and we have to have the operating fund. Number 1 and number 2 take an incredible amount of time to line up. Not that number 3 doesn’t but number 1 and 2. Right now if I’m going to build a ramp like this, we started in 2004-2005 so again this isn’t the typical one but these things take time. Same thing with vehicles. Over a year just to bring a vehicle into your system so it takes time and again we know this area is going to rebound. It’s positioned very well for additional growth and additional use of our system. Completion of this project will open up some different development opportunities for this area so it’s not only just about us but it really helps complete I believe your downtown vision. We’re relocating this site. I think we’ll position ourselves well for some potential future commuter rail should that ever come about. Today we have a motivated partner. Again something we’ve been working on a long time. This is 3 agencies coming together to make this thing happen. And then last but not least the project execution deadline. It’s approaching quick. It’s going to be in March so this could be the only chance that we have to access federal funds. Like I said the last time we were on the bubble and to get dollars lined up for the project of this magnitude in the future is going to be difficult so. With that I would be happy to answer any questions about what I gave or if you have any specifics on the facility itself, members of my team are here. Mayor Furlong: Thank you. Questions Mr. McDonald. Councilman McDonald: Yeah I have one question. You talk about future you know use and stalls and all those kind of things. We’re building this one now for about 425-50 stalls. Do you have the ability in the future to add on vertically to this? Is it built so that it could support that or? Len Simich: This one is not. Again because of some of the height that it’s going to be at right now, and how the rest of the downtown is going to build out. We also kind of look at again as 42 Chanhassen City Council – November 23, 2009 you’ve seen some of the demand estimations. We think more and more of our demand as we go on will happen further to the west. And so our next steps we’ll be really looking at some additional sites. You know it could be the Victoria’s, the Waconia’s. We’re already working on one right now in the city of Carver so I think again we’ll have that 4 to 6 to 700 stall ramps in the future. What we have in Eden Prairie at 1,000, it’s nice but it also causes a lot of headaches in terms of additional traffic generation and congestion and things like that so our model is a little more scaled down now. Councilman McDonald: Okay. Mayor Furlong: I guess to clarify though within the city of Chanhassen obviously there’s Southwest Village down at 101 and 212 and that does have the ability to, or that was designed for an additional level, was it not? Len Simich: Good point. That is. That is designed to go up to 800. Right now from a transit perspective we’re, we have about 550 at that location but we will be able to expand that to 800 in the future. Councilman McDonald: Okay. Mayor Furlong: Other questions? Councilwoman Ernst. Councilwoman Ernst: So Len I notice in 2030 the growth is expected to be 750. 750 cars? Len Simich: That was one of the model growth, yes. That they said a demand at this location. Now again there are other things that aren’t taken into consideration when those were put forth such as some of the other locations that we are looking at expanding in because right now it’s not just Chanhassen residents that will park at this location. You know you look at the travelsheds and where people are coming and if we intercept them earlier they wouldn’t come to this location so we feel 400 is, or 425 is adequate at this location. Councilwoman Ernst: So today you talked about the 550 stalls right now being used at the Southwest Village. Len Simich: No, we are not. We are probably parking out about 275 a day at that location. Councilwoman Ernst: But capacity is 800? Or roughly. Len Simich: Could be. Right now we have about 550. Councilwoman Ernst: So potentially some of the overflow from Chanhassen Station could go to Southwest Village, right? I mean if we were up to that. Len Simich: Yeah, and that’s kind of what the beauty of the timing of this as well was on the slide but it gives us that advantage where we really, you know we will keep some services running from here but again during construction and things like that, the level of service will not 43 Chanhassen City Council – November 23, 2009 be as great but we have capacity down at the Village so we hope people will go down to that location at least temporarily until this one gets done. Councilwoman Ernst: So that’s a segway into my next question then. Do you expect any express service from Chanhassen to downtown or will it always be Chanhassen Station and Southwest Village to downtown? Len Simich: Good question. To make this really work you have to be direct, and we’ve had this discussion at the commission which is going to cost additional dollars and that’s why that one where I always said the money is very critical because if we have a number of stops what happens is people are going to go to that last stop and we’re already at capacity as you’re well aware of in Eden Prairie so we have to find a way to bring that direct service to this location. And we’re looking at a lot of different service plans right now that would do that. Councilwoman Ernst: Okay. And I, just a couple comments that I want to make. You know the drivers, I just have to say this because the drivers continue to be courteous and respectful and I think that is just a huge benefit for Southwest Transit. And I have to tell you I love the new quiet zone policy for cell phones. It’s an awesome policy so. In fact I hear a lot of very positive comments about that so that was a great program. Mayor Furlong: Could you explain that or…for those who might not know. Len Simich: Sure. This actually came about, through our ridership. Mayor Furlong: Since you bring it up. Len Simich: Yeah, it came about through our riders. We have a rider committee and it was a problem and it’s not only in the transit industry. If you’re in a movie theater or wherever, the cell phone use is a problem and we came up with a plan and we have signs on the bus and we have a quiet zone. Now is the bus going to pull over and tell you to hang up the phone? No. What it is, it’s almost self policing because you have the quiet zone. You have the signs up and it’s really the customers kind of policing each other and it has worked. In the beginning we had some people call in, they didn’t like the idea but I think overwhelmingly there’s a lot of support for it. And we’ve gotten a lot of play. Local news media as well as nationally trying to figure out what did you guys do here? How did this work and other transit programs across the country are looking at implementing something very similar. Councilwoman Ernst: Great, thank you. Mayor Furlong: Thank you. Any other questions for Mr. Simich at this time? Councilwoman Tjornhom. Councilwoman Tjornhom: Yeah, I think maybe it’s late and I’m getting, everything’s becoming to starting to blur for me but at some point isn’t there an agreement that some overflow during construction will go to Lake Ann? Or has that changed? 44 Chanhassen City Council – November 23, 2009 Len Simich: No. Well that’s another good question. No, this was part of the brokered deal. The other parties that weren’t talked about, because I try to forget. We have the, and I shouldn’t, yeah I know you’re on the TV. Your advisory committee to the TAB made it somewhat difficult to get this project completed within the budget that was available and some of the other things that were at play so we did strike a deal that should there come a time when we did need additional capacity that we would have the ability of 100 stalls of use during the day at Lake Ann. We also have property adjacent to Lake Ann so if it ever became an issue down the road where you know we’re going into that and we don’t have other locations out west, that is something that we could look at at that time but that was kind of the brokered deal that we have. Mayor Furlong: Okay. Councilwoman Tjornhom: Is there a time constraint on that? Len Simich: Yeah. Well we would be again using it, majority of our customers are coming back anywhere from about 4:00 to 6:00 so again we understand that at certain times of year when the baseball season and things like that, that 6:00 starts becoming on that envelope where we have some issues so we’d have to work those type of arrangements out. Really try to get those people that are either cutting their day short or not having that longer stay, use that location but I really don’t think we’re going to ever even get to that to be real honest. Councilwoman Tjornhom: Okay. Mayor Furlong: Okay. Any other questions? Very good, thank you. Len Simich: Thank you. Mayor Furlong: Appreciate it. What I want to do is try to make sure that we get as much information out here. I know we have a public hearing we have to go through and obviously there’s public comment. We appreciate that too. I see we have representatives from Bloomberg Companies. Anything that you’d like to add this evening or to address the council? Good evening. Clayton Johnson: Sure. I’ll be brief. Good evening. Mayor Furlong: Good evening. Clayton Johnson: I’m Clayton Johnson with the Bloomberg Companies and I’m here to speak in support of the ramp obviously after we’ve been working on it since, I think it was since 2002 somebody told me but. Mayor Furlong: How time flies when you’re having fun. Yes, exactly. Clayton Johnson: Yeah I’m here tonight, along with our legal counsel John Rice and two of our major shareholders, Rita Bloomberg and Meta Devine and I’d just like to make a few comments and then be happy to answer any of your questions but Herb and Carol Bloomberg started the 45 Chanhassen City Council – November 23, 2009 Chanhassen Dinner Theater in 1968 and I think their children, and obviously we know they love the theater and their children have the same kind of emotional ties to the theater. We have seen it become nationally famous and actually a landmark in Chanhassen and to many it’s how Chanhassen is identified. Herb always said he spent $500,000 a year advertising Chanhassen. The Bloomberg family wants to see the dinner theater survive and thrive for another 40 years. As a part of that commitment to do everything possible to assist various lease concessions have been made by the Bloomberg Companies to enable the theaters to weather the storm of the current economic conditions, and I think we all appreciate those issues. Theater ownership has been exploring, had been exploring a possibility of, as we’ve all heard, of going to the Mall of America and other locations. With that in mind we agreed to take on the special assessments of $750,000 which is rather kind of frightening given the current economic conditions and what we know is the unlikelihood that we’re going to be able to develop anything in 2011. The theater’s ownership and Bloomberg’s agreed on a lease amendment with concessions, extension of the lease, assistance on capital improvements and an option to renew and an agreement to work together on the parking ramp, all of which we felt was necessary to get that, over that hurdle and get them extended to 2013. The ramp, this is what enabled the ramp transaction to take place and so you might ask what does a Southwest Metro parking ramp do for the dinner theater? Well first of all I think we all agree that it’s going to be aesthetically pleasing. In fact we made some additional land contributions to the project in order to get what we felt was, and we’re very pleased with the architectural rendering that we’ve seen. The second thing is that it will provide covered parking in inclement weather and provide access via an elevator and concrete walkway to the main theater. But beyond that the biggest advantage to the theater is, when we were going through the discussions with, about the Mall of America and so on we really looked hard at the economics of the theater and one thing was evident and that is that the success of the theater in the past has been greatly dependent on developing another source of revenue other than the theater and for those of you that may remember the Bronco Bar was the hottest attraction in Carver County back in the early days but it was a very profitable part of the venture. So what we need today is we need to improve, give them another source of revenue and that source of revenue is banquet revenue and that means Friday. It means Saturday night, weddings and events that are going to put a great demand on the parking that we currently have, so that’s where the ramp will come in and help extend that stream of revenue that they so badly need. So the question is will the ramp project guarantee the future success of the theaters of Chanhassen? And much of that is outside of our control and outside of the control of the city. It’s more, it’s dependent on more than just the ramp project. But building the ramp certainly enhances the ability for the theater to survive. If the City were to be faced with the absence of the theater in the city, the ramp would be critical to the development of the 12.5 acres that are there that the theater occupies. You can illustrate the value of the parking ramp by this measure in that it takes about, it takes an acre of land to park 120 cars. So what we’re doing when we pick up 440 spots, we’re really adding 3 acres to this site in terms of it’s potential development. Whether it be retail or housing or office or what have you. So in conclusion the ramp project and it’s completion is important to both to the Dinner Theater and the City and we’d hope to have your support. Mayor Furlong: Very good, thank you. Any questions for Mr. Johnson? No? Very good. Thank you. Clayton Johnson: You bet. 46 Chanhassen City Council – November 23, 2009 Mayor Furlong: Anyone else in terms of, associated with the project before we go to the general public hearing. At this point that would like to address the council? Alright at this point we do need to have a public hearing, is that correct? And the specific issue related to public hearing that we’d be happy to listen to other comments is what Mr. Oehme? Paul Oehme: Just in terms of the public improvement themselves. That’s what we need to hold a public hearing for. Mayor Furlong: Okay. Alright, then at this time I will officially open the public hearing and invite all, any and all interested parties to come to the podium and address the council. Okay. Seeing none, without objection we’ll close the public hearing then and bring it back to council for any additional questions or comments. Any questions for staff? I guess general question for staff. We have a number of items before us this evening. Site plan approval request with variances and preliminary and final plat, is that correct? Kate Aanenson: That’s correct. Just preliminary. Todd Gerhardt: Just preliminary, not final. Kate Aanenson: Yes, just preliminary. Mayor Furlong: Okay because I thought the, I thought I read final somewhere in the staff report. Kate Aanenson: I believe the final plat is being fine tuned and we’ll also look at the vacation of th the utilities on your December 14 with the final plat on that meeting. Mayor Furlong: Okay so. th Kate Aanenson: You’re right, it did say it on the agenda but it will be on the 14. Mayor Furlong: Just so we’re clear, it’s only the preliminary plat. Kate Aanenson: That’s correct. Todd Gerhardt: That’s correct. Mayor Furlong: This evening. Okay, and then there are a number of agreements as well between the various parties, including the city and I guess on that regard, do we want to take a few minutes and talk through those agreements or, I know there’s one Mr. Gerhardt. Todd Gerhardt: Either or. I think if we go through the site plan approval and the council is approving of that site plan approval, then I think we can talk about the agreements. Mayor Furlong: Okay. 47 Chanhassen City Council – November 23, 2009 Todd Gerhardt: I hate to get the agreements of the something you may not like. Mayor Furlong: That’s fine. So we want to go through a site plan at this point? Kate Aanenson: Do you want to have a motion on the other first? Roger Knutson: Mayor, council? What I’d suggest is you listen to everything. Have your discussion and vote on all of it at once. Mayor Furlong: Okay. So we shouldn’t, okay so that would move us to item B at this point which would be the site plan. Todd Gerhardt: Yes. Mayor Furlong: Okay, let’s go there with the staff report. Kate Aanenson: Alright, I’m going to skip through a few of these slides because I believe you kind of have the framework put in place. So the request tonight on, is three actions. One is the preliminary plat, the site plan approval and then there’s some variances with that. I’m going to skip through and go to the preliminary plat. I believe you saw this in a little bit different form but there’s actually we’re creating, it’s 9.64 acres into 4 lots and 2 outlots. Lot 1, Block 2 will be the proposed parking ramp and will be for 420 cars replacing the current 120 parking spaces that are being used on surface. Lot 2, Block 1 will contain the Dinner Theater building. Lot 3, Block 1 will contain the, will contain the existing one story building. Lot 2, Block 1 will contain the historic train depot and Lot, Outlot A will contain the existing sign. And Outlot B, which is hard to see it from the Outlot A and B on the, maybe is Laurie could use your pointer there on Great Plains. Nope. Great Plains. Those lots right there. Those existing the Dinner Theater signs so this plat will clean up this existing area down there with, including the street right-of- way which I think the Kimley-Horn plan also showed. This shows a little bit clearer. This is the exact location then of the ramp itself. How it sits on the property and the road access that you saw before coming off of Great Plains Boulevard. This street will also, this street will tie into the private drive going through all the way out to Market Boulevard so there’s the two way access. Access via into the parking ramp will be off of Market Street Station. There’s also access on the upper level from the Dinner Theater parking lot with the change in grade and those are some of the modifications that Clayton Johnson spoke about that were made to the site. The Dinner Theater itself, the architecture, very well designed. Four stories. As I mentioned 420 parking stalls. This zoning district is Central Business District which has the highest the most uses that are permitted. Again there’s no hard surface coverage requirement so this use does fit in there and the height requirement, so it does meet all those standards. I do have material boards here. Brick, smooth and rough face block. There is a stairwell that was talked about, so this face, the south elevation that you’re looking at would be where the road is. If I can go back to this. So this would be the road going in front. That’s that elevation on the top that you’d be seeing if you were to go down that road on the top slide. Then the east elevation would be, if you are on Great Plains Boulevard so you can see the entrance where we talked about getting into the Dinner Theater side and then also how you access into the Dinner, to the parking ramp from the Dinner Theater property. Again this, the design itself was well suited as we talked about earlier. Taking 48 Chanhassen City Council – November 23, 2009 advantage of the grade. Pushing it up against that and also getting some visual interest for the back of the Dinner Theater. So the other side then facing the north would be facing the Dinner Theater side, and this is an area where there’d be the snow removal as there would be on the west end. So the west end would be facing Market Boulevard so as the people coming down Market Boulevard, which a lot of people do come in that entrance right now, will continue to come into that entrance there. The variance request then is for the parking stalls itself. To allow the parking spaces that are 8 1/2 feet wide as opposed to our 9 foot wide. The current station down in Southwest Village is the 9 foot. We did go visit, city staff and engineering department did go visit the Southwest Station and Eden Prairie and they have a smaller, smaller width and small narrow. A narrower drive lane. So our’s is, our standard is 26 and this is actually a little bit shorter than that. The 24. In reviewing what Eden Prairie has because we kind of had now, kind of that little bit tighter and then the one that’s at the Southwest Station, kind of the broadest range of the parking stalls and this is somewhere in the middle. Staff did support this variance, as did the Planning Commission based on the fact that the cars are sitting there. It’s not, they’re sitting and stationary all day. They pull in and there’s no backing in and out like you would with the shopping center where there’s a lot of movement so they felt comfortable allowing that. Again they gave the ability to reduce the landform and they could go more vertical but they felt comfortable giving the variances on the parking. Parking lot itself. Again on the architecturally you can see on this drawing here, the detail on the loading area. Again looking to the south, the landscaping in the front. That’s where you’d get dropped off. If someone was to drop you off for the buses, and then you can see the turn around for the busing itself. So the buses will be coming off Great Plains and making that turn movement there. There was some discussion from the property owners across the street which I’ll talk about in a second that had some concerns about access. They also had concerns about access sidewalk crossing in front of the entrance drive to the park and ride. Maybe you could point to that Laurie. The sidewalk up on the top if you were coming out of those elevators, crossing in front of the traffic, going into the park and ride itself. And you wanted to go to the Dinner Theater. If you came out of the elevator and wanted to cross the drive aisle and they just had some concerns about that so I think we just need to work that through the design itself just making sure people know that there’s traffic coming in. If you were to park in the parking ramp and come out to go to the Dinner Theater, are you aware that that’s a very active parking, a parking access point. That was one of the concerns that came up. Then on the site itself there was a variance for that. This is an off premise sign that staff supports this off premise sign. It needs to be 8 feet. The plan showed it 8 1/2 foot. The, we believe it is important to put on the site. It’s identifying the location of the park and ride itself. This is, will be the main entrance for the buses and the like. People that are using it now coming off of Market Street Station, if there is an indicator there but it also provides that visibility. There is a logo on the building itself but it does identify the entrance so while it’s an off premise sign, it’s also a directional sign to help find the site itself so the staff does support that variance too. Jon Horn talked about the sidewalks on this property, the connectivity. I mentioned the sidewalk on the top. That we just wanted to make sure the, it’s not related. That’s on the Bloomberg properties and not part of the development of any public improvements but they just wanted to make sure that there’s consideration for sidewalk there too as I indicated. If you’re crossing in front of the main entrance to the park and ride. And the other. Mayor Furlong: And just for clarification. That’s on the. 49 Chanhassen City Council – November 23, 2009 Kate Aanenson: Upper level. Mayor Furlong: Upper level where there surface parking is currently. Kate Aanenson: Exactly. Yep. Yeah. Just for queuing. Coming out at night. Elderly people. They just want to make sure that we think that through a little bit more on the safety on that. You can see the sidewalk going both stretches. There was a concern about crossing the street. People that may want to go across and I just want to visually kind of walk through that itself. There is, if you were to come off on the new sidewalk up to Great Plains, there is a crossing just north of the railroad tracks. That’s marked there existing sidewalk, crosswalk. That does take you to a sidewalk across the street which would take you through the Remax property, up to the city’s, the village hall, and then the Goddard School. There’s also a crosswalk as you get up on th Great Plains before you get to West 78. Right at that kind of triangle there, which is a good, safe place to walk. Get you to that median point so there was a request for the staff to look at that but we believe that’s the best place to cross instead of the middle of the intersection there where there’s not a sidewalk. If you were to cross coming right out, go straight across on Great Plains, there’s not a sidewalk on that side of the street so we think it’s in place already the best place to make those crossing points with the greatest visibility so we believe that is already in place. And then I did want to mention Mayor, as you pointed out, this will be on for final plat on thth December 15. 14, excuse me. In addition to that we need to vacate some utilities that have been noticed. We talked about the infrastructure improvements that will be taking place. Relocation of utilities so there is a drainage and utility easement that has been noticed for that th December 14 so that would require a public hearing too so those have been noticed. Mayor Furlong: Okay, and we’ll have that at the same time? Kate Aanenson: Correct. That’s correct. So with that, the staff is recommending approval of the three motions for the variance, the preliminary plat and the site plan and all those conditions are left in the staff report. Mayor Furlong: Okay. Thank you. Any questions for staff on the site plan or any of these factors? Mr. McDonald. Councilman McDonald: How do you know I had a question? Mayor Furlong: I’m getting good at this finally. Councilman McDonald: Okay. By going to an 8 1/2 foot width, how many additional stalls does that add to the parking ramp? Kate Aanenson: That question was asked at the Planning Commission and… Len Simich: About 30. Kate Aanenson: Yeah. 50 Chanhassen City Council – November 23, 2009 Councilman McDonald: I guess as a consumer of parking ramps, one of the biggest bugaboos I have are parking ramps that try to you know accommodate additional stalls at the expense of the patrons. Their cars. I understand that you know the thing we’re looking at here is people are going to be in transit, but there’s also people going to be using this at other hours and when you begin to squeeze people into small slots, you create damage to cars. You create you know people get a little bit upset about this. I mean this just a big thing for me and I know that a lot of people share the frustration but I’m just, why would you do that for just 30 additional stalls? I mean I would think. Len Simich: Mayor, council member. Again very good question and it’s not so much that we’re trying to just squeeze some additional stalls in for the purpose of just getting additional stalls. We have to deliver 420 stalls per the agreement we have with MnDOT and given the constraints we have and the amount of property that we have to deal with, this was the best way that we could come up to meet that minimum threshold. Mayor Furlong: Another option would have been to add another partial layer or to go vertical, which I think is, as I read in the staff report was part of the accommodation that the City was looking for in terms of the height issue. Is that correct? Todd Gerhardt: Mayor, council members. I didn’t think we had the option to go to another level. The reason we reduced it down from the 420 was that we couldn’t meet budget. We had to building, a structured parking stall like this is anywhere from 6 to $10,000. To still meet the 520 stall requirement we proposed moving 100 of them out to Lake Ann where an asphalt stall is anywhere around 3 to 4,000 so to stay in budget we went back to the TAC board or the advisory board at Met Council and requested the change down to 420 and they were very hesitant to do that. However we were able to replace 100 out at Lake Ann. Len Simich: And again both are correct. I mean it was a height issue and a budget issue as well. Councilman McDonald: Okay, I just wanted to ask the question. I didn’t really figure that we were going to be adding to the width but it’s just, from the standpoint of someone who uses you know stalls and everything on cars, there’s nothing worst than trying to squeeze into these small you know slots and stuff and people will be using this and carrying things back and forth to the car. I mean if what you know the Bloomberg Companies are wanting to do is to use this as a jumping board to some kind of retail development, you’re going to have people carrying packages so that was just, I was wondering why. You’ve got a good reason and you know it’s not going to 9 feet. I understand that but I just wish it had. Councilwoman Ernst: Don’t go away Len. Len Simich: Oh, okay. Mayor Furlong: Councilwoman Ernst. 51 Chanhassen City Council – November 23, 2009 Councilwoman Ernst: I have a couple more questions. So at Southwest Station do they have lighting and security? I know they have lighting but do they have security cameras in there as well? Len Simich: Yes we have both and we have the Code Blue. Kind of the emergency, if you need to push that and it goes right to someone who is monitoring that. Councilwoman Ernst: So will that be the same for this? Len Simich: Yes. Yeah, we have the security consultant on board now that will be working with our architects in integrating all of that. Councilwoman Ernst: And then where will the existing customers that right, that take the park and ride today out of that parking lot, where will they go when this is all under construction? Len Simich: We’re going to keep some service still in the area that we’re serving today. Again when the demo occurs for the scene shop and things of that nature, it’s going to be somewhat disruptive. The level of service isn’t going to be as great. We’re hoping, first we’re hoping everybody stays with us. Second that they would go down to the Village where we have the ample space today and a beautiful station. Councilwoman Ernst: Okay, thank you. And then I have a question for you Kate. Or Paul, I’m not sure which. So do we anticipate having to put signal lights in? Kate Aanenson: Putting in what? Councilwoman Ernst: Signal lights. Kate Aanenson: No. Councilwoman Ernst: No? Paul Oehme: No it won’t, I mean if a development would warrant a signal based upon our traffic study, we would request that the developer participate in the cost for a signal light but under this development we don’t anticipate the need for a signal either at Great Plains or anywhere else in this area. Councilwoman Ernst: Okay. Thank you. Mayor Furlong: Good, thank you. Any other questions regarding the site plan? Todd Gerhardt: Mayor, council members. Kind of to just tag off on Paul’s comment there. We’re hoping with an improved secondary access onto Great Plains to the east, that may alleviate some of the traffic concerns that you may be seeing already at Market. So having that secondary access we felt was very important for this area to redevelop. 52 Chanhassen City Council – November 23, 2009 Councilwoman Ernst: Okay. Mayor Furlong: Very good. Anything else on the site plan? Or the plat. Okay. Next item here, item 6(c) deals with some of the agreements. Hopefully all of the agreements which are so let’s defer now to Mr. Gerhardt and Mr. Knutson. Todd Gerhardt: Mayor, council members. For this project to move ahead we’re going to have to approve approximately 5 agreements. The first agreement is a redevelopment agreement between Bloomberg Companies and the City of Chanhassen. The intent of this agreement is to create a tax increment financing district to reimburse Bloomberg Companies for their special assessments. This is the incentive for Bloomberg to assume these special assessments. It’s limited to 10 years from the creation of the district and the district would be created later this year. What that would do is allow Bloomberg to recapture those special assessments against his property. If he develops the site with retail, apartments, offices, and the new taxes generated from those new developments would help to write down those special assessments. So we call that the redevelopment agreement between Bloomberg Companies and the City of Chanhassen. Bloomberg Companies have signed the attached agreement in here and staff recommends approval of that agreement. The next agreement is a cooperative agreement between the City of Chanhassen and Southwest Transit. Now this agreement in your packet we still need to make a few modifications to this agreement. Southwest was informed today that if they were to take ownership of any parcel of land or buildings in this area they would have to get a special appraisal since there are federal dollars involved so they have to justify the acquisition of any property as a part of their construction of this ramp. A way around this is to move that dollar amount associated with the scene shop back into an assessment to Southwest Transit so in doing so the agreement basically would be the same as it is shown to you today but it would not be Southwest intending to acquire the scene shop but to increase their assessment dollar amount based on the purchase price of that scene shop. So we need to modify that agreement. Both attorneys have to review that and make those changes. We are proposing to bring that back to thth you at your December 7 budget hearing that we would have on Monday, December 7. The third agreement is a purchase agreement between Bloomberg Companies and the City of Chanhassen for several parcels. The first one would be the scene shop. The scene shop is a 9,000 square foot metal building. We would acquire the scene shop for a dollar amount of $300,000 and that cost would go back against Bloomberg Companies and Southwest Transit. The other acquisition as the map shows is the blue area for road right-of-way. Because we do not have a plat here we cannot take road right-of-way so we have to acquire it. And with that acquisition we’ve agreed to $8.20 a square foot so that’s $286,008 to acquire the road right-of- way. And the last piece that we would be acquiring is the railroad depot. The railroad depot, we’ve been squatters here for several years and thanks to Bloomberg Companies and their board, they’ve allowed us to have the depot there and for as much as Herb thinks I got it backwards on site, we have come to an agreement again at the $8.20 a square foot to acquire that land so we can take ownership of the land underneath the railroad depot. And the fourth one is the assessment agreement between Bloomberg Companies and the City of Chanhassen. Basically what this assessment agreement is calling for is that Bloomberg Companies are agreeing to be assessed $726,548. That first payment would be due in 2010 and they would make those payments over an 8 year period at. 2012, sorry. And would make interest payments starting in February of 2010. At a rate of 6% until the unpaid balance is paid. Alright. And I have attached 53 Chanhassen City Council – November 23, 2009 the amortization schedule in your packet for you to see those payment schedules over the next 10 years. 8 years. 2 years of interest and 8 years of payments. Relocation agreements with Bloomberg Companies. You have two relocation agreements included in your packet. One for Bloomberg Companies and another one with International Theaters Corp. The Bloomberg Companies relocation is included in the land purchase price for the scene shop and the road right-of-way. The relocation for the scene shop, since they’re a tenant in the building and the City has actively tried to purchase the building, they have thus qualified for relocation benefits and our relocation specialist has estimated the cost of that to be around $100,000. So with that, that covers all the paperwork or the 5 or 6 agreements that I’ve just outlined. I open it up for any questions that the council may have on any of these agreements. As Roger has indicated he would like you to make one motion and to include that motion these agreements contingent upon approval of a cooperative agreement with Southwest Transit that we would bring back at your th December 7 meeting. Mayor Furlong: Okay, any questions? We got through all those agreement summary in a matter of few minutes. You’re not an attorney Mr. Gerhardt… An attorney would have taken more detail, right Mr. Knutson. Roger Knutson: It took more than a few minutes to prepare them all. Todd Gerhardt: I don’t know. As soon as we gave him my deadline agreements got done. Mayor Furlong: Thank you. Any questions on any of the agreements? Obviously it’s a complex, complex relationship that’s been documented here and I appreciate all the, all the people that participated. Any questions on the agreements? Okay. Anything else? That completes the items from presentations, correct? Or is there? Todd Gerhardt: There is, we did make a modification to the special assessment agreement. That should be sitting in front of you so the motion should reflect the special assessment agreement rd dated November 23 with the changes included in that agreement. Mayor Furlong: Okay. Alright. Is there any other discussion or questions or would somebody like to proceed with the motion? Councilman McDonald: Well is it the three motions that are at the beginning of the packet because now you’re talking about the agreements there and where do you do those? If a, b and c and I didn’t see anything about the agreements. Roger Knutson: I would suggest, and you can just divide it up as many times as you want to but maybe the, if you wanted to approve 6(a) as a motion. You could approve them all in one motion. You could just read 6(a), 6(b) and then list off the various agreements where 6(c) with exceptions of cooperative agreement and then you would make your approvals subject to approval of, subsequent approval of the cooperative agreement. Mayor Furlong: Mr. McDonald, would you like to? 54 Chanhassen City Council – November 23, 2009 Councilman McDonald: So the thing that, I’m just trying to get it all straighten out. Mayor Furlong: Nope, that’s fine. Councilman McDonald: Okay, so the thing that we would do is the proposed motions, the three of those, we would vote on those. Then the agreements we need to read separately? Roger Knutson: No. You could just read. If you want I can read a motion. Councilman McDonald: Sure, whatever. Help. Mayor Furlong: Mr. Knutson. Roger Knutson: A proposed motion would be City Council adopts the attached resolution ordering the project and authorizing preparation of plans and specifications for Chanhassen Transit Station park and ride Project 08-11 as set forth in the attached resolution. Council approves variance request, Planning Case 09-18, the preliminary plat, the site plan all subject to the conditions set forth in the resolutions and adoption of the Findings of Fact. Council approves the redevelopment agreement between Bloomberg Companies and the City of Chanhassen; the purchase agreement between Bloomberg Companies and the City of Chanhassen; and the assessment agreement between Bloomberg Companies and the City of Chanhassen; and the relocation agreements plural, all agreements subject to subsequent approval by the City Council of the cooperation agreement between the City of Chanhassen and Southwest Transit. Laurie Hokkanen: Isn’t there a sixth one? Relocation agreement with… Roger Knutson: That’s in the purchase agreement. Kate Aanenson: Can I get one clarification then. You mentioned the variance, preliminary plat, including site plan approval? Roger Knutson: And site plan approval. Did I forget site plan approval? Todd Gerhardt: And the special assessment agreement is the new one that was handed out. Councilwoman Ernst: Well good thing we have Roger. Councilman McDonald: I’ll give it a shot but. Mayor Furlong: Would you just like to make that motion? Councilman McDonald: Okay, I’ll make that motion. Mayor Furlong: Is that sufficient? Is there a second? We’ll be here til midnight. Is there a second? 55 Chanhassen City Council – November 23, 2009 Councilwoman Ernst: Second. Mayor Furlong: Made and seconded. Alright. Any discussions on the motion? Any questions or clarification on any of the motions? Councilman Litsey: Perfectly clear. Mayor Furlong: Very good. If there is none, I’m going to add one comment here prior, before we get going and take a vote. It’s clear which way this is going. It’s the right way to go and that’s approval of this. But there have been many hours spent by a number of people. Mr. Simich from Southwest Transit. Mr. Johnson from Bloomberg Companies and certainly Mr. Gerhardt from the City of Chanhassen. Having received various updates throughout those negotiations I can tell you that this has been an arms length negotiation process. Clearly there is, yet the common goal was to try to make, to improve transit opportunities for our residents and for residents around the area. To promote economic development and to really get a good project here in our downtown area. Developing and promoting our downtown economy is something that this council has made a significant commitment to. Continues to make that a priority and this is one of those steps in that direction so on behalf of the council and residents and businesses of Chanhassen, thank you to everybody involved and all the hard work and effort that’s been put forth here. I know that there’s been a lot of, a lot of accommodations on everyone’s part as well as seeking to make sure that it works for everybody and glad that it does and we’re here tonight. With that, if there’s no other comments or discussion I would, we’ll proceed with the vote for the motion as made and seconded. Resolution #2009-85: Councilman McDonald moved, Councilwoman Ernst seconded that the City Council order the project and authorizes preparation of plans and specifications for the Chanhassen Transit Station Park and Ride, Project 08-11. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Councilman McDonald moved, Councilwoman Ernst seconded thatthe City Council approves variance request #09-18 to allow parking spaces that are 8½ feet wide and drive aisles that are 24½ feet wide, as shown in plans dated received October 16, 2009, and including the attached Findings of Fact and Recommendation with the following condition: 1.Approval of the variance application is contingent upon approval of the final plat and site plan permit – Planning Case 2009-18.” All voted in favor and the motion carried unanimously with a vote of 5 to 0. Councilman McDonald moved, Councilwoman Ernst seconded thatthe City Council approves the preliminary plat for Chanhassen Transit Station –Planning Case 09-18 as shown in plans dated received October 16, 2009, subject to the following conditions: 1.Outlot B shall be conveyed to the City. 56 Chanhassen City Council – November 23, 2009 2.The preliminary plat must be revised to include the City’s standard drainage and utility easements. 3.Existing public and private utilities must be encompassed by a ten-foot wide drainage and utility easement centered over the utility. 4.The main drive aisle dimensions to the parking ramp shown on Sheet C200 must be clarified. 5.The parking ramp and surface parking area shall be privately owned and maintained. 6.The sidewalks within Outlot B shall be maintained by SouthWest Transit. 7.The grading plan is incomplete. It must show the existing two-foot contours on the north and west side of the proposed construction limits. The proposed contours must tie in to the existing contours. 8.The proposed concrete spillway that would convey runoff from the western 25 to 50 feet of the parking lot on Lot 1, Block 1 must be eliminated from the design as it would direct runoff across a sidewalk. 9.The hydrology calculations must be revised to include the drainage area to the north, particularly the flared end section that discharges approximately 55 feet north of CB B. 10.The developer’s engineer and the City’s engineering consultant must coordinate their respective designs to ensure that the rate and volume control requirements are met. 11.Hydraulic calculations must be submitted with the final plat submittals. 12.The developer’s engineer must work with the City’s engineering consultant for the public street project to ensure that the City’s storm sewer design will be able to accommodate the runoff from the parking ramp storm sewer. 13.A building permit is required for the proposed retaining wall. 14.It is the developer’s responsibility to coordinate any small utility relocation with the appropriate utility company. 15.The utility plan must be changed to reflect the following: a.Show the directional flow arrows on existing and proposed utilities. b.Adjust the line work so that the proposed storm sewer can be seen on the plan. c.Show the connection to the existing storm sewer on the southwest corner of the construction limits. d.Include a note where the rain leaders connect to the existing storm sewer. 57 Chanhassen City Council – November 23, 2009 16.Full park fees shall be paid in lieu of parkland dedication and/or trail construction. The fees shall be collected for Lot 1 Block 1 (1.45 acres) as a condition of approval for Chanhassen Transit Station. The park fees shall be collected in full at the rate in force upon final plat submission and approval. The current park and trail fee charge for commercial property is $12,500 per acre. 17.All plans must be revised to reflect a continuous sidewalk along the north edge of Market Street. 18.The plat must be revised to include a 20 foot wide drainage and utility easement centered over the existing watermain within proposed Lot 1, Block 2. 19.Approval of the subdivision is contingent upon approval of the vacation of the drainage and utility easement. 20.The executed temporary easement agreement must be submitted before the final plat is recorded.” All voted in favor and the motion carried unanimously with a vote of 5 to 0. Councilman McDonald moved, Councilwoman Ernst seconded thatthe City Council approves the site plan for the construction of the parking ramp and transit station for Planning Case 09-18 as shown in plans dated received October 16, 2009, subject to the following conditions: 1.The monument sign proposed on Lot 2, Block 1, shall not exceed 8 feet in height. 2.Only one logo shall be permitted along the east elevation. 3.A lighting plan that is in keeping with the approved standards shall be submitted to the City. 4.Approval of the Site Plan is contingent upon approval of the final plat and variance – Planning Case 2009-18. 5.Building Official Conditions: a.Elevator\office\lobby structure is required to have an automatic fire extinguishing system. b.The plans must be prepared and signed by design professionals licensed in the State of Minnesota. c.Accessible routes must be provided to commercial buildings, parking facilities and public transportation stops. d.All parking areas, including parking structure, must be provided with accessible parking spaces. e.The owner and or their representative shall meet with the Inspections Division as soon as possible to discuss property line issues as well as plan review and permit procedures. 58 Chanhassen City Council – November 23, 2009 6.Inlet protection will be required on all conveyance systems – existing and proposed. 7.Concrete washout area needs to be shown on the plan set. 8.A note is to be added to sheet C-600 under the Dandy Bag detail to indicate that the bag must be cleaned out any time it reaches one-half the capacity. 9.The curb cut inlets to the rain garden should be made as wide as practicable. A minimum of eight feet is recommended to avoid concentrated flows and subsequent erosion. 10.The concrete spillway should be replaced with a vegetated swale. 11.All exposed soil areas must be stabilized within 7 days after the construction activity in that portion has temporarily or permanently ceased. 12.If any credits are to be applied to the SWMP fees, the drainage calculations should be revised to include the rain garden. 13.Total SWMP fees due at the time of final plat are $34,731.48. It is possible that a credit may apply for the rain garden feature. However, as the drainage calculations do not address what area is being treated in the rain garden, this credit cannot be calculated. 14.The plans shall show all existing utilities including but not limited to aboveground and underground electric lines and underground gas lines. Utility companies shall be contacted for locates. 15.Approval of the site plan is contingent upon approval of the vacation of the drainage and utility easement and abandonment of the existing utilities within the vacated area. 16.The applicant shall enter into a site plan agreement.” All voted in favor and the motion carried unanimously with a vote of 5 to 0. Councilman McDonald moved, Councilwoman Ernst seconded thatthe City Council approve the following agreements contingent upon approval of the Cooperative Agreement with Southwest Transit: 1. Purchase Agreement between City of Chanhassen and Bloomberg Companies; 2. Redevelopment Agreement between City of Chanhassen and Bloomberg Companies; 3. Special Assessment Agreement between City of Chanhassen and Bloomberg Companies as amended on November 23, 20909; Resolution #2009-86: 4. Resolution Waiving Approval by the Planning Commission and Accepting the Deed from the Economic Development Authority; 5. Relocation Agreements. All voted in favor and the motion carried unanimously with a vote of 5 to 0. 59