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CC SUM 2008 07 28 CHANHASSEN CITY COUNCIL REGULAR MEETING SUMMARY MINUTES JULY 28, 2008 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 McDonald. STAFF PRESENT: Todd Gerhardt, Roger Knutson, Laurie Hokkanen, Kate Aanenson, Paul Oehme, and Todd Hoffman PUBLIC ANNOUNCEMENTS: Mayor Furlong read invitations to Chanhassen Day at the st Minnesota Landscape Arboretum on Friday, August 1 and National Night Out on Tuesday, th August 5. CONSENT AGENDA: Councilman Litsey moved, Councilwoman Ernst seconded to approve the following consent agenda items pursuant to the City Manager’s recommendations: a. Approval of Minutes: -City Council Work Session Minutes dated July 14, 2008 -City Council Verbatim and Summary Minutes dated July 14, 2008 Receive Commission Minutes: -Planning Commission Verbatim and Summary Minutes dated July 1, 2008 c. Approve Amendment to Chapter 19 to Clarify Chanhassen City Code Concerning Lawn Sprinkling. Resolution #2008-42: f. Approval of Quotes for Annual Sanitary Lift Station Rehabilitation Program. g. Approve Extension of Development Contract and Final Plat for Boulder Cove. h. Approve Utility Easement on Lyman Boulevard for Minnesota Valley Electric Co. Resolution #2008-43: i. Accept Street and Utility Improvements for Liberty at Bluff nd Creek 2 Addition. k. Crossroads of Chanhassen: Approve Amendment to Development Contract. All voted in favor and the motion carried unanimously with a vote of 5 to 0. City Council Summary - July 28, 2008 VISITOR PRESENTATIONS: None. 1(D). APPROVE MASTER AGREEMENT BETWEEN THE CITY OF CHANHASSEN AND INDEPENDENT SCHOOL DISTRICT 112 REGARDING USE OF ATHLETIC FIELDS AT CHANHASSEN HIGH SCHOOL. Public Present: Name Address Janet Lash 7001 Tecumseh Lane Todd Neils 990 Saddlebrook Curve Lyndell Frey 1822 Valley Ridge Trail North Dick Mingo 7601 Great Plains Boulevard Rod Franks 7669 Ridgeview Way Councilwoman Ernst explained her reasons for pulling this item off the consent agenda and not being able to support the request. She asked about the possibility of upgrading existing fields as opposed to going forward with this agreement and expressed concern with alcohol being served in conjunction with town team baseball. Councilwoman Tjornhom asked staff questions about the cost to construct new ballfields, how the city plans to meet demands in the next 20-25 years, and the funding source. Mayor Furlong asked about the cost associated with converting the ballfield at Lake Susan Park into a ballfield/softball complex similar to the one proposed at the high school before inviting all interested parties to speak on the issue. Lyndell Frey, 1822 Valley Ridge Trail North noted the need to address the demand at the younger age level before investing in the high school facilities, and clarification on how priority scheduling would work. Rod Franks, Chairman of School District 112 School Board, discussed the elements of the joint powers. Prior to Councilman Litsey leaving the meeting, he voiced support for the master agreement between the City of Chanhassen and School District 112. Jan Lash, 7001 Tecumseh Lane and former 13 year member of the Park and Recreation Commission, spoke in support of this agreement and highly encouraged the council to support this proposal. Dick Mingo, 7601 Great Plains Boulevard, 52 year resident of Chanhassen and a former member on two former town teams, the Chanhassen Red Birds and Chanhassen Mavericks, noted his full endorsement of the proposal. Todd Neils, 990 Saddlebrook Curve, current President of the Chanhassen Little League, voiced their support on all counts. After comments from council members, the following motion was made. (Councilman Litsey had to leave the meeting for prior commitments during discussion of this item and did not vote.) Councilwoman Tjornhom moved, Councilman McDonald seconded that the City Council approves the attached Master Agreement between the City of Chanhassen and Independent School District 112 regarding use of athletic fields at Chanhassen High School. All voted in favor, except for Councilwoman Ernst who opposed, and the motion carried with a vote of 3 to 1. 2 City Council Summary - July 28, 2008 LAW ENFORCEMENT/FIRE DEPARTMENT UPDATES. Chief Gregg Geske provided the monthly update from the Fire Department. Due to a scheduling conflict, there was not a representative from the sheriff’s department present. PUBLIC HEARING: REQUEST FOR ON-SALE INTOXICATING LIQUOR LICENSE, SCHOOL OF THE WISE CHAN, 600 MARKET STREET, SUITE 170. Laurie Hokkanen presented the staff report, recommending approval. The applicant, Ann Clifford, 7608 Debbie Lane, Eden Prairie explained the nature of the business and future plans. Councilman McDonald asked for clarification on the menu and layout for the musical acts. Mayor Furlong asked about the liquor license in the Victoria location before opening the public hearing. No one spoke and the public hearing was closed. Todd Gerhardt asked the applicant to explain how the name, “School of the Wise” was chosen. Councilwoman Ernst moved, Councilman McDonald seconded that the City Council approve the request from CM Chann, LLC for an on-sale intoxicating liquor license for School of the Wise Chan at 600 Market Street, Suite 170. The licensed premises shall also include the outdoor patio area. Approval of the license shall be contingent upon receipt of liquor liability insurance and the license fee, which will be calculated once the square footage of the location has been determined. 1(B). APPROVE AMENDMENT TO CHAPTER 11 OF THE CHANHASSEN CITY CODE CONCERNING FIREARMS. Public Present: Name Address Sever Peterson 159900 Flying Cloud Drive Bert Notermann 812 E. Co. Rd. 78, Shakopee Mark ? 1827 Valley Ridge Trail South Michael S. 823 East Bluff Avenue, Shakopee Todd Hoffman presented the staff report on this item. Mayor Furlong invited members of the public to speak. Bert Notermann who owns the former Ted Paul property with Sever Peterson, would like to continue hunting deer with slugs. He explained how being a gun safety instructor with the DNR for 25 years, the lengths he and his family take to hunt safely. Sever Peterson, noting his family has lived and farmed in this area for over 100 years, explained how hunting allows them to control the deer population where they farm, and the procedures they employ for safe hunting. He suggested forming a hunting safety committee which would include landowners. After extensive discussion amongst council members regarding the different provisions to the ordinance, the following motion was made. Councilman McDonald moved, Councilwoman Tjornhom seconded that the Chanhassen City Council amends Chapter 11 of the City Code concerning firearms, restricting the use of a firearm by permit to bow and arrow on properties ten acres and larger, and shotguns 3 City Council Summary - July 28, 2008 on properties designated by a firearm shooting area map, and amends Chapter 4 regarding fees to establish the permit fee to discharge a bow and arrow or to discharge a firearm to $20 each. All voted in favor and the motion carried unanimously with a vote of 4 to 0. CW-III: REQUEST FOR SITE PLAN REVIEW FOR A 30,480 SQUARE FOOT OFFICE/WAREHOUSE BUILDING; AND PUD AMENDMENT TO INCREASE THE OVERALL SQUARE FOOTAGE OF BUILDINGS WITHIN CHANHASSEN WEST BUSINESS PARK ON PROPERTY LOCATED AT 2451 GALPIN COURT (LOT 3, BLOCK 2, CHANHASSEN WEST BUSINESS PARK). APPLICANT: EDEN TRACE CORP. Public Present: Name Address JoEllen Radermacher 2479 Bridle Creek Trail Kate Aanenson presented the staff report and Planning Commission update on this item. Mayor Furlong invited anyone from the public to speak. JoEllen Radermacher asked that the council consider preserving the row of oak trees during construction. Councilwoman Ernst moved, Councilman McDonald seconded that the Chanhassen City Council approves the amendment to the Planned Unit Development design standards for Chanhassen West Business Park to permit a total development building square footage of 365,000. All voted in favor and the motion carried unanimously with a vote of 4 to 0. Councilwoman Ernst moved, Councilman McDonald seconded that the Chanhassen City Council approve the Site Plan for Planning Case #08-14 for a 30,500 square foot, one-story office/ warehouse building, plans prepared by Houwman Architects and McCombs Frank Roos Associates, Incorporated dated 5/23/08, and adopt the attached Findings of Fact, subject to the following conditions: 1.The applicant shall enter into a site plan agreement with the City and provide the necessary security to guarantee erosion control, site restoration and landscaping. 2.The developer shall provide exterior benches and/or tables. 3.One additional parking stall shall be provided. 4.At least six of the parking stalls located east of the building shall be relocated to the side of the building. 5.The developer shall provide a pedestrian connection from the site to the sidewalk on Galpin Court. Pedestrian ramps shall be installed at all curbs along this pathway. 4 City Council Summary - July 28, 2008 6.The plan specifications shall be revised to incorporate high pressure sodium vapor lamps instead of the metal halide lamps 7. A three-foot clear space around fire hydrants shall be provided. Fire Code sec. 508.5 8.Nothing shall be placed near fire hydrants or fire department inlet connections that would deter or hinder from gaining immediate access. Fire Code sec. 508.5.4. 9.No PIV (post indicator valve) will be required. ” 10.Contact Fire Marshal for location of “No Parking Fire Lane signs, and curbing to be painted yellow. 11.Park fees in the amount of $31,387.67 shall be paid at the time of building permit issuance. 12.The buildings are required to have an automatic fire extinguishing system. 13.The plans must be prepared and signed by design professionals licensed in the State of Minnesota. 14.Retaining walls four feet high or higher require a building permit and must be designed by a structural engineer registered in the State of Minnesota. 15.The applicant shall increase the inside width of all islands and/or peninsulas to 10 feet or greater. 16.Tree preservation fencing is required to be installed prior to any construction along the north and west property lines. 17.On the Grading plan: a.Show the existing contours on the east side of the site. Provide spot elevations of the driveway connections. b.Show NWL and HWL on the pond. c.Add benchmark. d.Reduce slope on the southern drive. 18.Encroachment agreements will be needed prior to building permit issuance for any driveway or retaining wall in the drainage and utility easement. 19.On the Utility plan: a.Provide details of each utility crossing. b.Add cleanout to the sanitary sewer service. c.Add note to notify City of Chanhassen Utility Department 48 hours prior to connecting to the watermain (952-227-1300). 5 City Council Summary - July 28, 2008 d.Watermain must be looped around the building. This watermain shall be privately owned and maintained. 20.Show location of heavy duty versus light duty pavement sections. 21.Add Detail Plates 3107 and 5215. 22.The northern driveway must be either shifted to the south to remain on the site being developed or secure a private drive easement from the property to the north.” All voted in favor and the motion carried unanimously with a vote of 4 to 0. COUNCIL PRESENTATIONS: Councilwoman Tjornhom encouraged people to attend the farmers market during the summer, as she did the previous weekend. Mayor Furlong encouraged people to attend the Lunchtime Lyrics/Twilight Tunes series, like he and his family did the previous week. ADMINISTRATIVE PRESENTATIONS: Todd Gerhardt provided updates on the Laredo Drive street project and thanked the Mayor and city staff for helping with the Chamber picnic. CORRESPONDENCE DISCUSSION: None. Councilwoman Ernst moved, Councilman McDonald seconded to adjourn the meeting. All voted in favor and the motion carried with a vote of 4 to 0. The City Council meetingwas adjourned at 9:30 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 6