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CC SUM 2007 04 09 CHANHASSEN CITY COUNCIL REGULAR MEETING SUMMARY MINUTES APRIL 9, 2007 Mayor Furlong called the meeting to order at 7:05 p.m.. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilman Litsey, Councilwoman Ernst, Councilwoman Tjornhom, and Councilman Peterson STAFF PRESENT: Todd Gerhardt, Roger Knutson, Laurie Hokkanen, Kate Aanenson, Lori Haak, Paul Oehme, and Todd Hoffman PUBLIC PRESENT FOR ALL ITEMS: Rick Dorsey 1551 Lyman Boulevard Mark Peterson 6330 Trapline Circle Amy Johnson 2905 Butternut Drive Matt Rasmussen 1026 Bluff Pass South, Chaska PUBLIC ANNOUNCEMENTS: None. CONSENT AGENDA: Councilman Peterson moved, Councilwoman Ernst seconded to approve the following consent agenda items pursuant to the City Manager's recommendations: a. Approval of Minutes: -City Council Work Session Minutes dated March 26, 2007 -City Council Verbatim and Summary Minutes dated March 26, 2007 Receive Commission Minutes: -Planning Commission Verbatim & Summary Minutes dated March 20, 2007 c. Gauer Addition, 3820 Lone Cedar Lane: Lot 4, Block 1, Cedar Crest; Applicant, Scott and Laurie Gauer: Approval of a Two-Lot Subdivision with a Variance for Access Off a Private Street. Resolution #2007-24: d. Lake Lucy Ridge, Project 01-03: Accept Streets and Utilities. e. Approval of City Code Amendment to Chapter 10 Concerning 3.2 On-Sale Beer Licenses (Housekeeping Item). Resolution #2007-25: f. Approve Purchase of Utility Vehicle. All voted in favor and the motion carried unanimously with a vote of 5 to 0. City Council Summary - April 9, 2007 1(b). 2007 STREET IMPROVEMENT PROJECT 07-02: CALL ASSESSMENT HEARING. Resolution #2007-26: Councilman Peterson moved, Councilwoman Ernst seconded to call the assessment hearing for the 2007 Street Rehabilitation Project No. 07-02 for May 14, 2007, and approve the attached resolution. All voted in favor, except Councilman Litsey who recused himself, and the motion carried unanimously with a vote of 4 to 0. VISITOR PRESENTATIONS: CHANHASSEN LIBRARY ANNUAL REPORT, JANET KINNEY, BRANCH MANAGER. Janet Kinney, Branch Manager for the Chanhassen Library, welcomed Mark Peterson, the new Chanhassen representative to the Carver County Library Board before reviewing the 2006 Annual Report for the Chanhassen Library. She talked about such items as the increased hours, including Sunday service, programs being offered and being planned for 2007, i.e. targeting teens 11 to 14 years old, increasing marketing and publicity, and the start of their strategic planning process. Mayor Furlong asked about the use of the library by the business community. T-MOBILE CELL TOWER, OUTLOT A, HALLA MARYANNE ADDITION: APPLICANT, T-MOBILE: CONSIDER SITE PLAN REVIEW FOR THE CONSTRUCTION OF A 145 FOOT CELL TOWER WITH A 4 FOOT LIGHTNING ROD AND A CONDITIONAL USE PERMIT TO ALLOW A FENCE OVER 6 1/2 FEET. Kate Aanenson presented the staff report and Planning Commission update on this item. Councilwoman Tjornhom asked how condition 9, that the driveway off Creekwood Drive may not be used to service nor access the Halla Nursery, was going to be enforced. Councilman Peterson asked about heights of other free standing cell towers in town. Councilman Litsey asked about neighborhood feedback and FAA requirements for a beacon. Councilwoman Ernst asked for clarification of multiple users and service area. Mayor Furlong asked about conditional use versus interim use permit and clarification of the height and materials used for the fencing. After discussion the following motions were made. Councilman Peterson moved, Councilwoman Ernst seconded that the City Council approves Site Plan Review #07-04 for a 149-foot telecommunication tower and a 6-foot privacy fence as shown on the site plan received January 19, 2007, subject to the following conditions: 1.The applicant shall enter into a site plan agreement and submit financial security to guarantee the improvements. 2.Clearing for the tower and equipment pad shall be no greater than 15 feet from the edge of the pad. 3.A maximum of 25 feet is allowed for clearing the access road to the site. Trees shall be preserved to the greatest extent possible. 2 City Council Summary - April 9, 2007 4.The applicant shall install a minimum of eight Black Hills spruce around the equipment platform. Trees shall be at least six feet in height. 5.Site grading and vegetation removal shall be minimized to the greatest extent practical. If any excess material is anticipated to be generated as a result of access road construction, the disposal location must be approved in writing by City staff prior to road construction. 6.A rock construction entrance complying with the City’s standard detail (#5301) shall be included on the Erosion and Grading Plan and shall be constructed prior to the remainder of the gravel road. 7.If applicable, the applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley-Purgatory-Bluff Creek Watershed District, Minnesota Pollution Control Agency) and comply with their conditions of approval. (Watershed district and MPCA permits are necessary if the total disturbed area is in excess of 1.0 acres). 8.The monopole/tower shall be moved 25 feet to the west for a total setback of 175 feet and maintain a minimum of 150-foot setback from the north, west and south property lines. 9.The driveway off of Creekwood Drive may not be used to serve nor access the Halla Nursery commercial operation. 10.Building Official Conditions: a.A building permit is required to construct the tower and equipment platform; the tower must be designed for a wind load of 90 MPH for 3 seconds (ref. 2000 IBC, Sec. 1609) and include the effect of one-half inch of radial ice (ref. MSBC 1303.1800). b.The plans (tower and platform) must be signed by a professional engineer licensed in the State of Minnesota.” All voted in favor and the motion carried unanimously with a vote of 5 to 0. Councilman Peterson moved, Councilwoman Ernst seconded that the City Council approves Conditional Use Permit #07-04 for a 149-foot telecommunication tower and a 6- foot privacy fence as shown on the site plan received January 19, 2007, subject to the following conditions: 1. The applicant shall enter into a conditional use permit agreement and submit financial security to guarantee the improvements. 2. The tower shall comply with the requirements in ARTICLE XXX. TOWERS AND ANTENNAS of the Zoning Ordinance. 3 City Council Summary - April 9, 2007 3. The tower shall not be illuminated by artificial means and shall not display strobe lights unless such lighting is specifically required by the Federal Aviation Administration or other federal or state authority for a particular tower. 4. No signage, advertising or identification of any kind intended to be visible from the ground or other structures is permitted, except applicable warning and equipment information signage required by the manufacturer or by Federal, State, or local authorities. 5. The applicant shall submit documentation at the time of building permit application showing the height above grade for all potential mounting positions for co-located antennas and the minimum separation distances between antennas. A description of the tower’s capacity, including the number and type of antennas that can be accommodated should also be provided. 6. The monopole color shall be the brand “Tnemac” and the color “Blue Elusion”. 7. All outdoor storage associated with the Halla Nursery and located within Outlot A, Halla Maryanne Addition, shall be removed prior to issuance of a building permit for the tower and the area shall be revegetated.” All voted in favor and the motion carried unanimously with a vote of 5 to 0. APPOINTMENTS TO THE PARK AND RECREATION COMMISSION, SENIOR COMMISSION, AND ENVIRONMENTAL COMMISSION. Mayor Furlong reviewed the process by which candidates for the commissions were interviewed and picked. Mayor Furlong moved, Councilwoman Tjornhom seconded that the City Council make the following appointments: Senior Commission: Curt Robinson and Charlie Robbins, terms expiring in March of 2010. Carol Buesgens, term expiring in March of 2008. Park and Recreation Commission: Tom Kelly and Thor Smith, terms expiring in March of 2010. Daniel Campion, term expiring in March of 2009. Environmental Commission: Dennis Hansen and Rose Kircher, terms expiring in March of 2010. All voted in favor and the motion carried unanimously with a vote of 5 to 0. 4 City Council Summary - April 9, 2007 CONSIDER AMENDMENT TO CITY CODE REGARDING WETLAND BUFFERS AND SETBACKS. Lori Haak reviewed actions taken to date, noting amendments regarding impervious surface and the revised wetland ordinance which were tabled, still needed to be discussed. Councilwoman Tjornhom asked for a comparison of the new regulations versus the current regulations. Councilman Peterson asked for clarification on how wetlands are classified and specific examples of each classification. Councilman Litsey asked staff to give their rationale for determining the buffer width amounts. Mayor Furlong asked staff to clarify the recommended setbacks and why Chanhassen should be higher than other cities. After discussion, the following motion was made. Councilwoman Tjornhom moved, Councilman Litsey seconded to table consideration of amendment to the City Code regarding wetland buffers and setbacks. All voted in favor and the motion carried unanimously with a vote of 5 to 0. COUNCIL PRESENTATIONS: None. ADMNISTRATIVE PRESENTATIONS: None. CORRESPONDENCE DISCUSSION. None. Councilwoman Ernst moved, Councilwoman Tjornhom seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The City Council meeting was adjourned at 8:20 p.m.. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheimxx 5