CC Minutes 10-11-2010Chanhassen City Council - October 11, 2010
Mayor Furlong: If not, if somebody would like to make a motion. Councilman Litsey.
Councilman Litsey: Sure. Make a motion approve the request for an on-sale intoxicating liquor
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license for Apple Minnesota LLC, Applebee’s Neighborhood Bar and Grill at 590 West 79
Street.
Mayor Furlong: Thank you. Is there a second?
Councilman McDonald: I’ll second.
Mayor Furlong: Made and seconded. Any discussion on that motion? Hearing none, proceed
with the vote.
Councilman Litsey moved, Councilman McDonald seconded that the City Council approve
the request for an on-sale intoxicating liquor license for Apple Minnesota LLC, Applebee’s
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Neighborhood Bar and Grill at 590 West 79 Street. All voted in favor and the motion
carried unanimously with a vote of 4 to 0.
Mayor Furlong: We could take another recess or move onto our next item. Let’s just go.
Audience: Can I ask, is a caterer have intoxicating liquor or not? If you have a catering.
Mayor Furlong: We’re getting all sorts of questions.
Todd Gerhardt: Free legal advice.
Roger Knutson: It depends upon what’s in the keg but assuming it’s beer, beer would not be
called intoxicating liquor, which is not to say it isn’t intoxicating liquor. It’s not labeled
intoxicating liquor. It’s labeled beer. Now there’s two types of beer. Strong beer and 3.2 beer.
Councilwoman Ernst: Oh my gosh.
Mayor Furlong: Thank you.
Roger Knutson: You’re welcome mayor.
M.A. GEDNEY COMPANY EXPANSION: REQUEST FOR SITE PLAN REVIEW FOR
A 39,000 SQUARE FOOT WAREHOUSE ADDITION, 2100 STOUGHTON AVENUE.
Kate Aanenson: Thank you. Again this is a request for Gedney Pickles for an expansion.
Shown on the site plan is the location. This is the very southern portion of the city. Bordering
Chaska. If you can see on the yellow here where this is located. Again the most southerly part
of the city. This property is actually bordered by, there’s a little narrow piece of Chaska here.
I’ll show this in a little bit more detail and then most recently we did the Minnesota Valley
Electric substation was built next to that most recently down in this area. And then this is the
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Chanhassen City Council - October 11, 2010
subject site right here. I just want to talk a little bit about some long term planning in this area.
In working with Chaska we’ve looked at Highway 10 coming down and providing access to all
this property here in front. That driveway could service, actually coming back to behind the
property here where we just approved kind of the storage units back in that area. There is
potential development property down in there so how we provide access. Again working with
Chaska extending 10 into that area so not all access would have to be off of Stoughton. There is
also when Chaska upgraded Audubon Road there is access to the Gedney property on this site so
there is potential development so what I wanted to point out with this application, when I showed
the site plan, there is potential development adjacent to now Flying Cloud. Was County Road 61
and then in addition we work with Chaska for the, that’s kind of the window, the front part of
that so we have been in communication. Gedney Pickles has kind of laid out an ultimate
development plan but at this time not going forward with that. Just doing the expansion to the
building itself so it is bordered on all sides, really except for the Minnesota Valley Electric, by
the city of Chaska. So again the site plan request is for 39,000 square feet and the Planning
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Commission did hold a public hearing on September 21. They did vote 5 to 0 to approve the
application. The expansion as proposed would be immediately to the east of the property. The
last expansion that was done on this site, shown here in pink, was in 1979 and I’ll just give you a
little bit of a pictorial kind of the area itself. This is the original Gedney. I’ll go down and show
you right here the first expansion going back into, well our records show the 60’s. This
expansion here. And then this shows a little bit closer up again the city limits. When this
expansion did occur the City of Chaska did provide sewer and they are providing sewer into the
future with this addition. So this is currently again how it sits on the site. Again kind of
surrounding the Chaska area. There is additional access off of this Crystal Lane. Again we do
always look at the big picture. Seeing how the pieces all fit together. Providing additional
access to the north for development along this. Again they’ve got excellent frontage on a
collector street and then again providing access to that property behind the storage units will be
sometime when we’re down there in the future with sewer that that can be developed into the
future. So the expansion again would be taking place immediately in this area right here.
Currently this is how the site looks. This would be the area view from Stoughton. Again this
area is adjacent to a high tension power line and I’ll show that in a little more detail. The
Planning Commission had a couple questions on that. This is the building elevation itself. It
would match the existing building which is a cut face block. Painted white and I’ll show you
that in a little bit more detail. This would be the front looking across from County Road, which
is now 61. Kind of that cut face rough block masonry unit which would be painted white. And
then this is again the side of the building where there is outdoor storage. One of the
requirements again would be the additional landscaping on the site. As I mentioned before we
have the concrete rock face. Additional landscaping. The 39,000 square feet 26 feet high so the
big issue then that we are working with, with this site plan itself is just the storm water runoff
and then working through with the City of Chaska. They would be applying for their connection
fees through the City of Chaska. And again this is the front of the building which I showed you
kind of zeroed in on that. Again this is the area where the expansion would occur so there could
be potential additional development in front and they’ve looked at some other uses. This is
guided office industrial so it is consistent with the existing zoning. It could have gone through
an administrative approval but it’s larger than the percentage allowed by the City Code to do
administrative approval. One of the issues that the Planning Commission had, you can see the
brown stripes that are on the site. There is a high tension power line that currently runs over the
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Chanhassen City Council - October 11, 2010
building. The new addition is not underneath the building. Excuse me, the easement is just to
the east of that easement so they’re outside of that. Even so they would work through any
permitting that they would need to get the additional construction. So then lastly because this
site was built a number of years ago, 30-40 years ago, there wasn’t a lot of storm water runoff so
what we’re trying to…with this plan and trying to be efficient in how we’re working that, is
they’re actually doing on site storm water kind of draining all that property which I showed you
between 61 or old 212 and this site to accommodate the storm water runoff on site and
channeling. Chaska had some concerns but between working between now and the issue of the
building permits, they’re getting ready to go. We’re trying to expedite that here the next week or
two. Get that in place. The site plan agreement. Get the sewer assessment through Chaska that
we would accommodate then, as would Chaska, looking at the numbers accommodating just the
storm water kind of trenching on site to accommodate, they’ve got plenty of land to make that
happen. So with that the Planning Commission did recommend approval so we are
recommending the City Council that they approve the square foot addition and as stated in the
staff report and adoption of Findings of Fact and I’d be happy to answer any questions that you
have.
Mayor Furlong: Thank you. Any questions for staff? Were there any components that didn’t
meet requirements? I noticed there was an issue about parking spaces but I’m sure there’s.
Kate Aanenson: There’s plenty of parking on site, correct.
Mayor Furlong: Yeah, okay. So all material matters this meets the ordinance?
Kate Aanenson: Correct. And I think the only concern that the Planning Commission had a little
issue with, there was just some ambiguity in the wording of that. Chaska needed, wanted to be
also, because they’re reviewing the plans. Because they are providing the sewer, that everything
was in conformance and the big issue there was the storm water but we’ve worked through that
issue.
Mayor Furlong: And I noticed there is one of the recommended conditions.
Kate Aanenson: Is modified.
Mayor Furlong: Is specific to the City of Chaska with regard to the Metropolitan Council SAC
fees.
Kate Aanenson: That’s correct.
Mayor Furlong: Okay. Is that property to the north, is that.
Kate Aanenson: This piece?
Mayor Furlong: Is that within the boundaries of the city of Chanhassen?
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Chanhassen City Council - October 11, 2010
Kate Aanenson: This property to the north is actually the abandoned right-of-way for the
railroad tracks and that is actually under the city of Chaska has jurisdiction over that property.
Mayor Furlong: Okay. Alright. Very good. Any other questions for staff at this time? If not,
Mr. Johnson is here representing the applicant. Anything you’d like to address to the council this
evening Mr. Johnson?
Mr. Johnson: Not unless there’s some questions.
Mayor Furlong: Okay, thank you. Any questions for the applicant? Okay. Very good. Let us
go ahead then for the council and bring it back to the council for any thoughts or comments.
Seems fairly straight forward. It’s nice to see a business looking to expand within town and
that’s always something that we’re looking to do and accommodate and it sounds like they’ve
been very accommodating trying to upgrade some of the features such as storm water
management that weren’t there at the time that the building was.
Kate Aanenson: Right and that’s a delicate kind of thing because the property will be expanded
in the future so, and it’s going to, it’s cosmetically they’ll be screened in the future so we’re
trying to allow them to accommodate the expansion needs and then as they continue to grow on
that property, address that at a future date.
Mayor Furlong: And I think that’s the issue, especially with the easement. We don’t want that
to be, get in the way of allowing a business to continue to expand. I mean we look for other
opportunities in the future.
Kate Aanenson: Correct.
Mayor Furlong: It would not be something that I think we expect to be a permanent but more a
temporary. Any other thoughts or comments?
Councilman McDonald: I see that the pickle business is doing well.
Mayor Furlong: And with that comment Mr. McDonald, would you like to make the motion?
Councilman McDonald: Sure I’ll make, I’ve got to go up here to the top. Okay I will make the
motion that the Chanhassen City Council approves the site plan for a 39,000 square foot, one
story warehouse expansion subject to the conditions of the staff report and adoption of the
Planning Commission’s Findings of Fact.
Mayor Furlong: Thank you. Is there a second?
Councilwoman Ernst: Second.
Mayor Furlong: Made and seconded. Any discussion on the motion? Hearing none we’ll
proceed with the vote.
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Chanhassen City Council - October 11, 2010
Councilman McDonald moved, Councilwoman Ernst seconded that the City Council
approve the proposed 39,000 square-foot, one-story warehouse expansion and adoption of
the attached findings of fact subject to the following conditions:
Fire Marshal:
1.The applicant shall provide information of the product commodity per 2007 Minnesota Fire
Code Section 2303 and the proposed storage height in order to determine if fire apparatus
access is required to parts of the building. If apparatus access is required but not practical
due to topography, power lines, railways or similar conditions, the fire code will accept
additional fire protection in lieu of apparatus access. Contact Chanhassen Fire Marshal for
additional information.
City of Chaska:
2.A Metropolitan Council SAC determination will still be required and Chaska shall be
reimbursed at a rate of $1,157 per SAC unit for providing trunk service to the building
expansion.
Building Official:
1.The entire facility must have an automatic fire extinguishing system for consideration as an
“unlimited” size building (Ref. 2006 IBC Sec. 507); if any portion of the facility is not
sprinkled, fire-wall separations may be required.
2.The plans must be prepared and signed by design professionals licensed in the State of
Minnesota.
3.Compliance with Minnesota Accessibility Code (MSBC 1341) is required.
4.The owner and or their representative shall meet with the Inspections Division as soon as
possible to discuss plan review and permit procedures.
5.A demolition permit is required for building removals that take place before the building
permit for the addition is issued.
Environmental Resource Specialist:
1.The applicant shall increase the number of overstory trees by four. The applicant shall
submit a revised landscape plan for City review and approval prior to issuance of a building
permit.
2.The blue spruce and Redbud species shall be replaced from the City’s approved list of
landscape material.
3.All ornamental trees must be at least one inch in diameter.
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Chanhassen City Council - October 11, 2010
Planner:
1.Mechanical equipment shall be screened if any is installed. No wooden fences shall be used
on the roof for screening.
2.The developer shall show that 213 parking stalls can be accommodated on site.
3.The developer should investigate the use of clerestory windows around the building
expansion.
4.The expansion should investigate the use of columns to help break up the building elevations
at approximately 40-foot intervals.
5.The addition encroaches into the electric transmission easement. Staff recommends that the
applicant verify with the utility company that the proposed addition is acceptable.
6.There are wooden bollards around the existing electrical tower. Any bollards damaged or
removed with construction must be replaced.
7.Prior to the development of the vacant property north of the existing building, the City will have
to undertake a feasibility study to determine the cost effectiveness of the extension of utilities to
the property.
Water Resource Coordinator:
1.The developer must provide rate control for an area equal to the addition.
2.The developer must provide water quality treatment for the same area.
3.The developer must comply with any requirements for discharging to an Outstanding
Resource Value water. This can be accomplished through infiltration and discharge through
non-structural BMPs at a relatively low cost.
4.The developer will need to apply for and receive an NPDES Small Site Construction permit
in the event that one acre or more of disturbance results on the entire site.
5.The developer must provide a detailed grading and erosion control plan compliant with City
Code.
6.A drainage easement shall be recorded over the area of the parcel to be used for surface water
treatment.
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
COUNCIL PRESENTATIONS:
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