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CC SUM 2011 11 28 CHANHASSEN CITY COUNCIL REGULAR MEETING SUMMARY MINUTES NOVEMBER 28, 2011 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 McDonald, Councilwoman Tjornhom, Councilwoman Ernst, and Councilman Laufenburger STAFF PRESENT: Todd Gerhardt, Laurie Hokkanen, Paul Oehme, Kate Aanenson, Todd Hoffman, Roger Knutson, Greg Sticha and Sharmeen Al-Jaff PUBLIC PRESENT: Jim & Julie Wagle 8411 Egret Court Jason, & Karey White 1000 Butte Court Clara Winters 1001 Butte Court Thomas & Kathy Bader 8571 Drake Court Adele Pint 1641 Koehnen Circle Scott B. Haas 7264 Pontiac Circle Ryan & Susan Hoffa 970 Lake Susan Hills David Kressler 1750 Valley Ridge Trail No. Matt Blewett 2396 Harvest Way Christoph Leser 8110 Marsh Drive Steve Taborek 8022 Cheyenne Avenue Jenny Pharis 1815 Valley Ridge Trail So. Doug Jacobson 1121 Dove Court Sarah Thomas 2555 Longacres Drive Anita Steckling 8320 West Lake Court Barb Vanderploeg 7706 Vasserman Kathy Peterson 7713 Vasserman Place Laurie Susla 7008 Dakota Avenue Craig O’Connor 1702 Valley Ridge Charles Littfin 7609 Laredo Drive Dennis & Holly Rakocy 880 Kimberly Lane Ronald K. Tonn 8300 West Lake Court th George Beniek 412 West 76 Street Ken Wencel Lake Susan Sharon Gatto 9631 Foxford Road Paul & Jackie Ottoson 7080 Harrison Hill Trail Jesse Sutton 8417 Rosewood Drive th Ellis Thomas 406 West 76 Street Chris Johnson Nez Perce Mary Rabai 7340 Frontier Trail Shelley Kerber 6025 Whitney Circle, Shorewood Ben & Sheila Allrich 1040 Lake Susan Hills Drive Jane Revsbech 2155 Murray Hill Court Stephanie Fisher 1451 Heron Drive Mark Arrington 870 Lake Susan Hills Drive City Council Summary – November 28, 2011 Linda Landsman 7329 Frontier Trail Elizabeth Kressler 1750 Valley Ridge Trail No. Gloria Cox 6990 Shawnee Lane Jean Allard 8425 Rosewood Drive Marc Dubinsky 2013 Clover Court Kurt Kuhlmann 8445 Powers Place Laura Helmer 8596 Drake Court Kyla & Lucia Anderson 1440 Heron Drive Rosemary Soltis 8429 Rosewood Drive Steve Hansen 7920 Kerber Boulevard Chris Maiden 2116 Emerson Avenue Chris Berrens 2504 Girard Avenue Laurie Johnson 1807 Valley Ridge Trail No. Judy Anderson 8584 Flamingo Drive Wendy O’Connor 1702 Valley Ridge Trail No. Brad Karels 8105 Dakota Lane Jeff & Carol Anderson 991 Butte Court Kate McGuire 7973 Autumn Ridge Lane Abby & Neil Ellis 2332 Stone Creek Drive Scott Hadden 8345 Keller Pond Drive, Victoria Jack Fess 6280 Ridge Road Dan Mertes 8671 Flamingo Drive Cathy Holmes 8453 Rosewood Drive Debbie Lloyd 7302 Laredo Drive Joyce Arlt 8434 Burlwood Drive Frank Butkowsky Byerly’s Chanhassen th Patty Horton 800 West 78 Street Gary Hein 1011 Lake Susan Hills Drive Larry Pastorek 7071 Shawnee Lane Debra & Kent Ludford 8615 Valley View Court Juliene Furst 8574 Powers Place Mary Ann Carr 8547 Powers Place Connie Kurtz 8554 Powers Place Martin Schaeferte 1111 Dove Court Joe & Bernadette Morrison 10053 Trails End Road Ben Lohs 7951 Tartan Curve, Eden Prairie Lee Kaufman 300 Hidden Lane Alan Young 7580 Walnut Curve Rebecca & Edwin Everett 6301 Near Mountain Boulevard Jeff Fox 5270 Howards Point Road Rick Dorsey 14215 Green View Court, Eden Prairie Frank Ernst 840 Cree Drive Brad Bohlman 8667 Stonefield Lane PUBLIC ANNOUNCEMENTS: Mayor Furlong invited the public to attend the annual Christmas Tree rd Lighting Ceremony which will be held on Saturday, December 3 at City Center Park. CONSENT AGENDA:Councilwoman Ernst moved, Councilman McDonald seconded to approve the following Consent Agenda items pursuant to the City Manager’s recommendations: a. Approval of Minutes: 2 City Council Summary – November 28, 2011 -City Council Work Session Minutes dated November 14, 2011 -City Council Verbatim and Summary Minutes dated November 14, 2011 Receive Commission Minutes: -Planning Commission Verbatim and Summary Minutes dated November 1, 2011 -Park and Recreation Commission Verbatim and Summary Minutes dated October 25, 2011 Resolution #2011-63: c. TH 5 Improvements: Approve Agreement with MnDOT to Act as the City’s Agent for Federal Aid. d. Approval of Nominations for 2011 Environmental Excellence Awards. Resolution #2011-64: e. Approve Resolution Authorizing Certification of Hook-Up Charges to Property Taxes. All voted in favor and the motion carried unanimously with a vote of 5 to 0. LAW ENFORCEMENT/FIRE DEPARTMENT UPDATES. Lt. Jeff Enevold reminded people about the continuation of thefts from vehicles, especially at the Lake Minnewashta dog park, Lake Ann Park, Bluff Creek Elementary and the Landscape Arboretum before providing an update on the sheriff department’s participation in the Click It or Ticket Enhanced Seatbelt Education Enforcement Campaign and prescription drug take back event. Chief John Wolff reviewed the department’s reorganization of officer positions, a recent training session attended by 24 members of the department at the Edina Fire Training Facility, recent calls for service and holiday fire safety tips. VISITOR PRESENTATIONS. Wendy O’Connor, who started an organization called Chanhassen First along with her neighbor, asked to speak about the rezoning request. Mayor Furlong clarified that visitor presentations are for items not listed on the agenda and that the public hearing for that item took place at the Planning Commission. Joe Scott, 935 Bavaria Hills Lane, Chaska and representing Buy Chanhassen, st informed the public that the buychanhassen.com website will be launched on December 1. Judy Anderson, 8584 Flamingo Drive expressed her frustration with the City’s website and the inability to access all of the staff report files associated with the Walmart application. WALMART: REQUEST FOR CONCEPT PLANNED UNIT DEVELOPMENT (PUD) APPROVAL FOR A COMMERCIAL DEVELOPMENT OF A 120,000 SQUARE FOOT WALMART STORE ON APPROXIMATELY 14.10 ACRES OF LAND LOCATED AT THE SOUTHWEST CORNER OF HIGHWAY 5 AND POWERS BOULEVARD (1000 PARK ROAD). APPLICANT: WALMART, C/O KIMLEY-HORN AND ASSOCIATES, INC. Being an employee of Target Corporation, Councilwoman Ernst recused herself from this item. Kate Aanenson and Paul Oehme presented the staff report and Planning Commission update on this item. Councilwoman Tjornhom asked staff to explain the intent of changing this parcel to Community Commercial in 2009. Councilman Laufenburger asked for clarification of the City’s parking ordinance, and the traffic and parking study. Councilman McDonald asked for clarification of the Concept PUD, feedback from the business community, law enforcement and the fire department, the findings in the McComb’s study, permitted uses on the site, road improvements associated with this development, and access in and out of the site. Councilwoman Tjornhom ask about meetings with the public. Councilman Laufenburger asked for a history of use on the site. Mayor Furlong asked for clarification on the parking standards before inviting the applicant to speak. Lisa Nelson with Walmart Public Affairs explained that the biggest challenge with this site is the building size and parking before introducing Walmart’s Land Use Attorney, Sue Steinwall with the Minneapolis law firm of Fredrikson and Byron. She reviewed the 3 City Council Summary – November 28, 2011 process and expectations of the concept PUD before introducing the architect, Jackie Cook-Haxby with SAIC who reviewed the architectural revisions made to the building. Will Matzek reviewed the changes made to the site plan since the Planning Commission meeting related to natural resources, pedestrian and traffic circulation, and parking. Lisa Nelson answered questions regarding developments in Minnesota and store sizes. Mike Sims explained the process of selecting this site for the Walmart store. Will Matzek discussed traffic circulation and ingress/egress. After questions and comments from council members, the following motion was made. Councilwoman Tjornhom moved, Councilman McDonald seconded to table Planning Case 2011-11 for Walmart. Councilwoman Tjornhom and Councilman McDonald voted in favor. Mayor Furlong and Councilman Laufenburger voted against. The motion failed with a tie vote of 2 to 2. After further comments from council members, the following motion was made. Councilman Laufenburger moved, Councilwoman Tjornhom seconded that the Chanhassen City Council direct staff to prepare Findings of Fact consistent with denial of the Concept Planned Unit Development for Planning Case 2011-11, Walmart. All voted in favor and the motion carried unanimously with a vote of 4 to 0. The City Council took a short recess at this point in the meeting. COUNCIL PRESENTATIONS: Councilman McDonald provided an update on the ribbon cutting ceremony for the new Chanhassen Station parking ramp located next to the Dinner Theater on December thth 9, with service beginning on Monday, December 12. Mayor Furlong informed the council that he has been asked to serve on a legislative working group related to looking at changes in the LGA, local government aid formulas and calculations. ADMINISTRATIVE PRESENTATIONS: Todd Gerhardt discussed the celebration for Dale Gregory’s 40 years of service with the City. CORRESPONDENCE DISCUSSION. None. Councilwoman Tjornhom moved, Councilwoman Ernst 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