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SUM 2003 09 08CHANHASSEN CITY COUNCIL REGULAR MEETING SUMMARY MINUTES SEPTEMBER 8, 2003 Mayor Furlong called the meeting to order at 7:10 p.m. The meeting was opened with the Pledge to the Flag. COUNCILMEMBERS PRESENT: Mayor Furlong, Councilman Lundquist, Councilman Ayotte and Councilman Peterson: COUNCILMEMBERS ABSENT: Councilman Labatt STAFF PRESENT: Todd Gerhardt, Justin Miller, Roger Knutson, Todd Hoffman and Teresa Burgess PUBLIC ANNOUNCEMENTS: Mayor Furlong reminded everyone that the Dave Huffman Memorial Race will be held on Saturday, September 13, 2003. The race starts at 9:00 a.m. so people should arrive at the Americlnn at about 8:00 a.m. and will be bused over to Lake Ann. If there are any questions, call City Hall and the Park and Rec Department. CONSENT AGENDA: Councilman Ayotte moved, Councilman Peterson seconded to approve the following consent agenda items pursuant to the City Manager's recommendations: Rice Lake Manor 2nd Addition, 8590 Tigua Lane, Kurt Miller: 1) Final Plat Approval. c. Approval of Sign Variance for Applebee's Restaurant. Resolutiong2003-75: Authorize Advertisement for Rebidding Minnewashta Watermain Loop, Project 02-08. Approval of Minutes: -City Council Work Session Minutes dated August 25, 2003 -City Council Summary and Verbatim Minutes dated August 25, 2003 Receive Commission Minutes: -Planning Commission Minutes dated August 19, 2003 go Resolutiong2003-76: Call for Public Hearing of a Modification to the Tax Increment Financial Plan for the Downtown Chanhassen Tax Increment Financial District. h. Approval of Temporary On-Sale Beer & Wine License, Edina Realty Foundation, October 11, 2003 i. Resolutiong2003-77: Project Acceptance, 2002 Trail Connectors. City Council Summary - September 8, 2003 j. Approval of Ordinance Amending Chapters 11 & 14 of Chanhassen City Code Concerning the Discharge of Bows. k. Resolutiong2003-78: Award of Bids, Kings Road Pond, Project SWMP 12-A-A. Ali voted in favor and the motion carried unanimously with a vote of 4 to 0. I(A). APPROVAL OF SOUTHWEST LIGHT RAIL TRANSIT TRAIL AS A SNOWMOBILE TRAIL. Councilman Lundquist's question was surrounding the insurance certificate naming Suburban Hennepin Regional Park District an additional name, and that the city agrees to defend, indemnify and hold harmless the park district, it's officials. It also talks about the city being responsible for repairs to the trail and lots of other things, so he was wondering if that is standard policy. Todd Gerhardt stated that the Chanhassen Snowmobile Club has maintained and repaired any damage that has occurred on the trail. Todd Hoffman stated the snowmobile club marks the trail and does any maintenance and grooming. There's never been a damage claim back to the city due to snowmobiling. Roger Knutson commented on the liability issue with the hold harmless agreement and suggested at the beginning of that paragraph adding the language, (subject to the limitations and immunities in Minnesota Statute Chapter 466,). Resolution g2003-79: Councilman Lundquist moved, Councilman Ayotte seconded to approve the Southwest Light Rail Transit Trail as a Snowmobile Trail as amended. All voted in favor and the motion carried unanimously with a vote of 4 to 0. B. RICE LAKE MANOR 2~m ADDITION, 8590 TIGUA LANE, KURT MILLER. e APPROVAL OF CONSTRUCTION PLANS & SPECIFICATIONS AND DEVELOPMENT CONTRACT. Councilman Lundquist asked staff to explain what changes still needed to be made on this item. Teresa Burgess stated she didn't know the specifics but it would bring it into compliance with city code and city standards. Councilman Lundquist moved, Councilman Peterson seconded to approve the Construction Plans and Specifications and Development Contract for Rice Lake Manor 2na Addition, 8590 Tigua Lane, Kurt Miller. All voted in favor and the motion carried unanimously with a vote of 4 to 0. VISITOR PRESENTATIONS. Conrad Fiskness, 8033 Cheyenne Avenue was present representing the Riley-Purgatory-Bluff Creek Watershed. On behalf of their Board of Managers, he expressed to the City of Chanhassen in general and to Todd Hoffman in particular their appreciation and thanks for the opportunity to work with the City of Chanhassen on paying for the bridge that was constructed on a trail on the west side of Rice Marsh Lake. He presented a check in the amount of $23,750 to Mayor Furlong on behalf of the Watershed Board. Boyd Peterson, 9860 Pioneer Circle was present representing the Chanhassen Snowmobile Club. As the trail coordinator he thanked the council for the approval of the Southwest Light Rail Transit Trail for snowmobile use. 2 City Council Summary - September 8, 2003 REQUEST FOR A CONDITIONAL USE PERMIT AND SITE PLAN FOR A GOLF COURSE LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF GREAT PLAINS BOULEVARD AND PIONEER TRAIL, SMG INC., CHANHASSEN SHORT COURSE. Public Present: Name Address Ron Saatzer Kevin Norby Denis C. Oukir Gerald Slocum David Walstad 9450 Foxford Road 6452 City West Parkway, Eden Prairie 9940 Deerbrook Drive 9920 Deerbrook Drive 10071 Great Plains Boulevard Kate Aanenson presented the staff report and gave an update from the Planning Commission. Councilman Peterson asked if the hydrologic study had been completed. Teresa Burgess stated the hydrologic study is something that was discussed with the Department of Health as being the only way to determine if this commercial well would have a negative impact on the surrounding wells. They did recommend it as an alternative to a wait and see, which was very concerning to the Planning Commission. Councilman Ayotte stated that due to the fact that we have a capacity issue in the city of Chanhassen, to what degree would this have an affect on that capacity. Teresa Burgess stated because it was far enough away from the city's well, it would not have an affect. Councilman Lundquist asked about the cost, length and extent of the hydrologic study. Mayor Furlong asked if the hydro-geological study would be paid for and provided by the applicant. He also asked staff to address the issues on traffic and traffic flow along Pioneer Trail and the left turn lane, right turn lane. Kevin Norby, the golf course architect addressed some of the concerns brought up by the Planning Commission. Mayor Furlong asked Rich Slagle to speak on behalf of the Planning Commission. Councilman Peterson stated he did not feel the water issues had been adequately addressed and was looking for information on the fiscal impact of putting a golf course in this area as opposed to residential development. Councilman Ayotte stated he favored Councilman Peterson's position of needing more information. Councilman Lundquist's position is that them are processes, procedures, permits, everything already in place in jurisdictions outside of our control. The DNR and the Department of Health, we have to trust that they're going to do their job as well. Not knowing the cost of something like that, he thinks it's unfair to burden this particular applicant with an unknown cost. Other businesses, Halla and Bluff Creek weren't burdened with it. It's not a common practice for golf courses to do these types of things. He felt the city was over stepping their bounds by putting an unnecessary condition on the applicant when there's already two state agencies or federal agencies that are in place to monitor and regulate that. Mayor Furlong stated he was hearing that the only other option is a wait and see type option, which while all indications are that it won't cause a problem, it'd be nice to know what the cost is. What the timeframe is to complete that hydrological study to find out if there's a problem up front rather than trying to address it after it happens. He liked to at least make sure to look at it diligently and get the information to find out whether or not this request for the study is onerous and burdensome or not. Roger Knutson explained how the normal well interference process works. Councilman Peterson moved, Councilman Ayotte seconded that the City Council table the request for a conditional use permit and site plan for a golf course located at the southeast 3 City Council Summary - September 8, 2003 corner of Great Plains Boulevard and Pioneer Trail. All voted in favor, except Councilman Lundquist who opposed, and the motion carried with a vote of 3 to 1. APPROVAL OF 2004 PRELIMINARY TAX LEVY. Public Present: Name Address Sam & Nancy Mancino Ron Saatzer Chanhassen 9450 Foxford Road Councilman Peterson asked about the timeframe issue due to the new information received over the weekend and the fact that one council member was not present. There was discussion between the council and the city attorney on the final filing date and whether the City Council could meet on the 15th and meet the requirements. It was felt as long as the City Council acted by the 15t~ it would meet the filing requirements. Councilman Peterson moved, Councilman Lundquist seconded to continue the approval of the 2004 preliminary tax levy to Monday, September 15, 2003 at 4:00 p.m. All voted in favor and the motion carried unanimously with a vote of 4 to 0. COUNCIL PRESENTATIONS. Councilman Peterson provided an update on Southwest Metro Commission and the new additions to the transit center in Eden Prairie. Councilman Ayotte spoke about the water treatment committee and discussions with staff that water treatment is basically not only a question of capacity but distribution and compliance. He wanted to state on the record that the City Council needed to quickly identify a time line and that the action plan would not include the term quote study. The city needed to identify the requirements and the time line for those requirements with the cost of how to meet those requirements, especially with respect to capacity and with respect to compliance, as a part of that action plan. Statements to where we are and are not in compliance and at what risk to the city in those areas, and what is the likelihood of that not compliance. ADMINISTRATIVE PRESENTATIONS: None. CORRESPONDENCE DISCUSSION: None. Councilman Lundquist moved, Councilman Ayotte seconded to adjourn the meeting. All voted in favor and the motion carried. The City Council meeting was adjourned at 8:10 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim