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CC SUM 2008 11 10 CHANHASSEN CITY COUNCIL REGULAR MEETING SUMMARY MINUTES NOVEMBER 10, 2008 Mayor Furlong called the meeting to order at 7:00 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, Kate Aanenson, Paul Oehme, Greg Sticha, Terry Jeffery and Bob Generous PUBLIC ANNOUNCEMENTS: None. CONSENT AGENDA: Councilwoman Ernst moved, Councilman Litsey 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 October 27, 2008 -City Council Verbatim and Summary Minutes dated October 27, 2008 Receive Commission Minutes: -Planning Commission Verbatim and Summary Minutes dated October 21, 2008 Resolution #2008-63: b. Resolution Approving Waiver of Municipal Consent for TH 101 Mill and Overlay Project Between TH 212 and Bandimere Park. th c. Table the Cell Tower Lease, T-Mobile, West 76 Street Water Tower. d. Approval of Temporary On-Sale Liquor License, St. Hubert Catholic Community, 8201 Main Street. All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS: None. PETERS VARIANCE, 7301 LAREDO DRIVE, APPLICANTS: RICHARD & EUNICE PETERS: REQUEST FOR A VARIANCE FROM THE SHORELAND SETBACK TO EXPAND AN EXISTING NON-CONFORMING DECK INTO A PORCH AND ADDING ANOTHER DECK. Kate Aanenson outlined staff’s recommendation for this item since it was tabled at the City th Council meeting on October 27. Council members asked for clarification on the size and City Council Summary - November 10, 2008 location of the decks being proposed. The applicants, Rich and Eunice Peters explained how they would prefer to enclose the existing 15 by 20 foot deck into a porch and forget about the additional deck rather than go along with what was being proposed by staff. After comments and discussion between council members and staff, the following motion was made. Councilman McDonald moved, Councilwoman Ernst seconded that the City Council approve Planning Case 08-19 for a 15 foot shoreland setback variance to construct a 15 by 20 foot enclosed structure on Lot 12, Block 1, Sunrise Hills Addition and adopt Findings of Fact to be supplied by staff at the next City Council meeting, with the following condition: 1. Design the roof such that drainage off the roof is not concentrated to create hazards to the bluff below. All voted in favor and the motion carried unanimously with a vote of 5 to 0. ARBORETUM SHOPPING CENTER, 7755 CENTURY BOULEVARD, KLMS GROUP, LLC: REQUEST FOR A MINOR PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT TO ALLOW A DRIVE-THRU AND SITE PLAN REVIEW WITH VARIANCES: LOT 2, BLOCK 1, ARBORETUM SHOPPING CENTER. Public Present: Name Address th Bryan Monahan 7500 West 78 Street, Edina th Andrew Ronningen 2669 West 78 Street Lynne Etling 7681 Century Boulevard Kate Aanenson passed out copies of two letters of support before presenting the staff report and Planning Commission update on this item. Council members asked for clarification on the traffic flow on the site in relation to the location of the drive thru window. Mayor Furlong asked what type of uses are allowed in other neighborhood business districts. Roger Knutson commented on making the PUD amendment specific to this type of use. The applicant, Mark Leutem expressed a willingness to work with staff on a design that both he and staff would be comfortable moving forward with. Although the public hearing was held at the Planning Commission, Mayor Furlong opened the meeting for public comment. Dan Herbst, 7640 Crimson Bay Road and co- owner with Ron Clark of Century Wine and Spirits, and having been in the commercial and residential business for 40 years, noted the Findings of Fact indicate this drive thru window request is very consistent with all the other uses in Arboretum Shopping Center. Lynne Etling, 7681 Century Boulevard expressed her biggest concern was with traffic and it’s effect on decreasing property values. Brian Monahan with Ron Clark Construction, owners of the center just north of this proposal, voiced support for the request which will increase traffic onto the site. Andrew Ronningen, owner of Fantastic Sams, voiced his support for this proposal citing the increased traffic would be good for his business which is currently under performing compared with other Fantastic Sam stores. Lynne Etling asked if the City could provide landscaping to 2 City Council Summary - November 10, 2008 buffer the noise from this center to their neighborhood. After discussion and comments from council members, the following motion was made. Councilman McDonald moved, Councilman Litsey seconded that the City Council table the request for a minor PUD amendment to allow a drive thru and site plan review with variances for Lot 2, Block 1, Arboretum Shopping Center to allow the applicant and staff time to prepare a more detailed plan. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The City Council took a short recess at this point in the meeting. Mayor Furlong, with the consent from council, amended the agenda to table item 4(b), the update on 2008 stormwater best management projects, to a future meeting. WEST-CENTRAL LOTUS LAKE IMPROVEMENT PROJECT 08-02: UPDATE COUNCIL ON FEASIBILITY STUDY. Terry Jeffery provided background information before introducing Todd Hubmer with WSB & Associates Inc, presented the findings and recommendations from the feasibility study which looks at three separate phases over a series of years to address the overall issues. Councilman Litsey asked if the study had looked at the possibility of enlarging the pond versus raising the berm. Councilman McDonald asked for clarification on the bidding process for the different phased projects and where funding for these type of projects comes from. Mayor Furlong asked for clarification on how the series of berms will impact the rate and quality of the storm water runoff into Lotus Lake. There was no formal action required for this item. The council agreed that staff proceed with the schedule as presented. CONSIDER FINAL ADOPTION OF THE 2030 COMPREHENSIVE PLAN. Kate Aanenson presented highlights of the final draft and Metropolitan Council comments regarding the city’s 2030 comprehensive plan. Todd Gerhardt thanked everyone involved. Resolution #2008-64: Councilwoman Ernst moved, Councilwoman Tjornhom seconded that the City Council approve the resolution adopting the City of Chanhassen’s 2030 Comprehensive Plan . All voted in favor and the motion carried unanimously with a vote of 5 to 0. COUNCIL PRESENTATIONS: Councilman Litsey congratulated Councilman McDonald and Councilwoman Tjornhom on being re-elected to the City Council. ADMINISTRATIVE PRESENTATIONS: Todd Gerhardt informed the council that Lyman Boulevard was opened between Audubon Road and Galpin Boulevard, provided an update on the soil correction work taking place at the site of the new public works facility and thanked Karen Engelhardt and all the election judges for their work with the elections. CORRESPONDENCE DISCUSSION. None. 3 City Council Summary - November 10, 2008 Councilwoman Ernst moved, Councilman Litsey 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 9:50 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 4