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CC SUM 2013 03 11 CHANHASSEN CITY COUNCIL REGULAR MEETING SUMMARY MINUTES MARCH 11, 2013 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 McDonald, Councilwoman Tjornhom, Councilwoman Ernst, and Councilman Laufenburger STAFF PRESENT: Todd Gerhardt, Laurie Hokkanen, Paul Oehme, Kate Aanenson, Todd Hoffman, and Roger Knutson PUBLIC PRESENT: Marcus Zbinden 6460 Bretton Way Sara Harvey 6281 Teton Lane Jerry Story 6281 Teton Lane John Chadwick 4477 Manitou Road Daniel Feller 6430 Bretton Way CONSENT AGENDA:Councilman Laufenburger 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 February 25, 2013 -City Council Verbatim and Summary Minutes dated February 25, 2013 Receive Commission Minutes: -Planning Commission Work Session Summary Minutes dated February 19, 2013 Resolution #2013-19: b. Approve Resolution Accepting Donation of Batting Cage Improvements at Lake Ann Park, Chanhassen Athletic Association. c. TH 101/Pleasant View Road and TH 41 Trail Improvements: Approve Construction Administration and Inspection Contract with Kimley-Horn. d. Approve Clarification of Stipulation Agreement, Halla Nursery/The Mustard Seed as amended by staff. e. Approval of the 2013-14 Lake Ann Beach Lifeguard Contract with Minnetonka Public Schools ISD 276. f. Approval of Amendments to: -Chanhassen Personnel Policy -City Code Section 9-2 Concerning Fire Department Bylaws. All voted in favor and the motion carried unanimously with a vote of 5 to 0. City Council Summary – March 11, 2013 VISITOR PRESENTATIONS. John Chadwick, representing Bruce Jeurissen, asked for help from City Council and city staff in working through issues to get Mr. Jeurissen’s land developed, specifically regarding access. CONSIDER APPROVAL OF NON-CONFORMING USE PERFORMANCE STANDARDS, NAOMI CARLSON, 6411 BRETTON WAY. Kate Aanenson presented the staff report on this item. Councilman McDonald asked for clarification on the standard for the number of parking spots per business. Councilman Laufenburger asked for clarification on the number of businesses allowed in the building and the parking standard wording. Mayor Furlong asked about the neighborhood meeting before inviting residents to speak. Marcus Zbinden, 6460 Bretton Way commented on the building being an eyesore in the neighborhood and because of that neighborhood property values are decreasing. He commented on the summary of the neighborhood meeting prepared by Mr. Generous which cited traffic and poor maintenance as the two main concerns. Mr. Zbinden added a third concern which is outside storage. He requested that the City require the owner to come into compliance with the building code violations, that a limit be placed on the number of businesses allowed and elimination of any outside storage including the trailers and trucks. Sara Harvey, 6281 Teton Lane stated she agreed with everything Marcus Zbinden said and asked that the property owner be held accountable in complying with the performance standards. Daniel Feller, 6430 Bretton Way expressed concern with allowing 2 vehicles per business, limiting the number of businesses that can be in the building and hours of operation. Jerry Story, 6281 Teton Lane commented that there is still outside storage on the east side of the building and expressed concern with parking on the north side of the building. After comments and discussion by council, the following motion was made. Resolution #2013-20: Councilman McDonald moved, Councilwoman Tjornhom seconded that the Chanhassen City Council adopts the Resolution Approving Non-Conforming Uses at 6411 Bretton Way with the following performance standards and conditions: 1. The City shall be notified when a tenant vacates the building. 2. The City shall be notified of new lessees prior to occupancy of the building. Such uses shall comply with the performance standards approved by City Council. 3. Any other use must be submitted to City Council for approval of changes in use. 4. Performance Standards:  The business shall be conducted entirely within the building.  Office use is permitted as long as it meets the other performance standards.  Artist studios are permitted.  Woodworking shop is permitted.  Indoor storage for small business is permitted.  Outdoor storage of materials and equipment is prohibited.  No mechanical or electrical equipment requiring the use of voltage in excess of 220 volts single phase shall be used in the conduct of the business.  No traffic shall be generated by any business in greater volume than would normally be expected in a residential neighborhood.  No more than two parking spaces per business shall be permitted.  No commodities, merchandise, or supplies shall be sold or offered for sale upon or from the premises, whether at retail or wholesale. 2 City Council Summary – March 11, 2013  Exterior parking of one trailer per business is permitted.  Parking of commercial vehicles in excess of 22 feet in length is prohibited. No commercial vehicles in excess of 9,000 pounds gross weight shall be used in connection with the business or parked on the property. All voted in favor and the motion carried unanimously with a vote of 5 to 0. COUNCIL PRESENTATIONS. Mayor Furlong provided an update on the morning meeting held with Southwest Metro Chamber of Commerce and Congressman Paulson. ADMINISTRATIVE PRESENTATIONS. Todd Gerhardt commented on the Leaders Meeting with School District 112 on Friday where the issue of internships can be brought up. CORRESPONDENCE DISCUSSION. None. Councilwoman Ernst moved, Councilman McDonald 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 8:05 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 3