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SUM 2003 11 10CHANHASSEN CITY COUNCIL REGULAR MEETING SUMMARY MINUTES NOVEMBER 10, 2003 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 Labatt, Councilman Ayotte, Councilman Lundquist, and Councilman Peterson STAFF PRESENT: Todd Gerhardt, Roger Knutson, Justin Miller, Bob Generous, Matt Saam, and Bruce DeJong PUBLIC PRESENT FOR ALL ITEMS: Janet & Jerry Paulsen Uli Sacchet Melissa Gilman Rholan Larson 7305 Laredo Drive Planning Commission Chanhassen Villager 429 Halsey Avenue S.E., Buffalo PUBLIC ANNOUNCEMENTS: Mayor Furlong amended the agenda to include item (q) under the consent agenda addressing item A on the work session relating to the appointment of council members to hear the appeal on the Chanhassen Chiropractic Relocation issue, and tabling item 5, consideration of a wetland alteration permit for a dock at 6539 Gray Fox Curve to a future City Council meeting. CONSENT AGENDA: Councilman Peterson moved, Councilman Ayotte seconded to approve the following consent agenda items pursuant to the City Manager's recommendations: Approval of Minutes: -City Council Work Session Minutes dated October 27, 2003 -City Council Verbatim & Summary Minutes dated October 27, 2003 Receive Commission Minutes: -Planning Commission Verbatim & Summary Minutes dated October 21, 2003 Resolution #2003-95: Accept Utility Improvements in Ashling Meadows 2nd Addition, Project 02-07. c. Minnewashta Watermain Loop, Project 02-08: 1) Approval of Financial Agreement with the University of Minnesota 2) Resolution #2003-96: Award of Bid City Council Summary- November 10, 2003 Approval of Consultant Contract for TH 212 Municipal Consent Services, Project 03 -09. Resolution #2003-97: Accept Utility Improvements in Banta Printing, LUR No. 03 -02. Adopt Lease Agreement with the Chanhassen Chamber of Commerce for Old Village Hall. Acceptance of Portable Radio through Carver County Metro Radio Board Grant Award. i. Approval of Amendment to Chapter 4 of City Code Concerning Fees. Resolution #2003-98: Approval of Change Order No. 10, Chanhassen Library Project. Resolution #2003-99: Termination of Easement and Mutual Release for Southwest Metro Transit Commission Park and Ride Permanent Easement. Approval of Increase in Unreimbursed Medical Expense Salary Deferral for Flexible Spending Accounts. n. Authorize Extension of Auditor's Contract. Resolution #2003-100: Partial Release of Covenant Agreement with Bloomberg Companies for Property Located within Market Street Station Project. p. Approve payment to Plehal Blacktopping :for Lake Ann Park Pathway. q. Appointment of Appeal Board for Chanhassen Chiropractic Relocation Claim. All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS. None. PUBLIC HEARING: VACATION OF PARKING LOT EASEMENT: DATALINK CORP. 8145 UPLAND CIRCLE~ LOT 6~ BLOCK 1~ CHANHASSEN LAKES BUSINESS PARK 7y}I ADDITION. Bob Generous provided the staff update on this item. Mayor Furlong opened the public hearing. No one spoke and the public hearing was closed. There was no council discussion. 2 City Council Summary- November 10, 2003 Resolution #2003-101: Councilman Labatt moved, Councilman Peterson seconded to approve Vacation #2003-4 vacating a parking easement on Lot 6, Block 1, Chanhassen Lakes Business Park 7th Addition as legally described in Attachment 1. All voted in favor and the motion carried unanimously with a vote of 5 to 0. PUBLIC HEARING: VACATION OF EASEMENTS ASSOCIATED WITH THE MARKET STREET STATION DEVELOPMENT. Matt Saam presented the staff report on this item. Mayor Furlong opened the public hearing. No one spoke and the public hearing was closed. Councilman Labatt asked for specifics on the closing date. Justin Miller stated they were hoping for the end of November, but more than likely in December. Resolution #2003-102: Councilman Labatt moved, Councilman Peterson seconded to approve a resolution vacating existing easements located within the Chanhassen Bowling Alley redevelopment property subject to the following condition: Legal description of the easements to be vacated must be supplied to the City for recording. All voted in favor and the motion carried unanimously with a vote of 5 to 0. APPEAL DECISION OF THE PLANNING COMMISSION FOR DENIAL OF A VARIANCE FOR THE CONSTRUCTION OF AN ADDITION, 900 HIAWATHA DRIVE, KENT & MARY BRAUN. Bob Generous presented the staff report on this item. Councilman Peterson asked for clarification on the distance of the new garage to the pavement. Councilman Lundquist asked staff to explain where on the site an addition could be placed without a variance. Kent and Mary Braun, the applicants provided their comments to the City Council. Councilman Ayotte asked if there were any comments from neighbors. The applicant and staff stated there were no negative comments. Councilman Lundquist asked the applicant to comment on staff' s recommendation that an addition can be accommodated elsewhere on the property. Mayor Furlong asked if the applicant had considered any other configuration of the house to lessen the amount of variance. Councilman Peterson asked if there were any other variances of this magnitude that have been approved. Councilman Labatt asked for clarification on the side yard setback. Mayor Furlong opened it up for council discussion prior to a motion. Councilman Peterson moved, Councilman Lundquist seconded to deny Variance #2003-13 for a 13 foot variance from the 30 foot front yard setback requirement based upon the findings in the staff report. All voted in favor and the motion carried unanimously with a vote of 5 to 0. City Council Summary- November 10, 2003 WALNUT GROVE 2ND ADDITION, 7305 GALPIN BOULEVARD, KLINGELHUTZ DEVELOPMENT: 1) REQUEST FOR REZONING FROM AGRICULTURAL ESTATE DISTRICT (A2) TO MIXED LOW DENSITY RESIDENTIAL DISTRICT (R4). REQUEST FOR PRELIMINARY PLAT APPROVAL TO CREATE 5 LOTS CONSISTING OF ONE SINGLE FAMILY HOME AND FOUR TWIN HOME UNITS WITH A VARIANCE FOR THE USE OF A 3) PRIVATE STREET. REQUEST FOR A CONDITIONAL USE PERMIT FOR DEVELOPMENT WITHIN THE BLUFF CREEK OVERLAY DISTRICT. Mayor Furlong excused himself from this item due to a conflict of interest with Klingelhutz Development Company. Councilman Peterson handled this item as Acting Mayor. Bob Generous presented the staff report and provided the Planning Commission update. Councilman Labatt asked for clarification on the accesses into this site and the existing home. Councilman Lundquist asked staff' s opinion relating to the Planning Commission's comments on the development's shape and density. Uli Sacchet provided input from the Planning Commission and their concerns with the setbacks and the cul-de- sac. Councilman Ayotte asked what the down side was of sending this application back through the process. The applicant stated he was willing to work with the city, and because of the time of year, timing would not be an issue. Councilman Labatt moved, Councilman Ayotte seconded that the City Council table the Walnut Grove 2nd Addition request for rezoning, preliminary plat and conditional use permit and send it back to the Planning Commission with direction to look at the cul-de-sac or hammer head more closely and on Lots 4 and 5, to look at the setbacks, building size and location. All voted in favor, except Councilman Lundquist who opposed, and the motion carried with a vote of 3 to 1. COUNCIL PRESENTATIONS. Todd Gerhardt provided an update on the meeting he and Councilman Ayotte attended with Mike Fahey regarding public safety, specifically CrimNet. Mayor Furlong informed the council that he has been invited to serve on a mayoral advisory committee for Senator Norm Coleman's office. The first meeting was last Friday and he will advise the council of upcoming meetings if they have any issues they want addressed. ADMINISTRATIVE PRESENTATIONS. Todd Gerhardt provided an update on the progress of the landscaping in City Center Park adjacent to the library. CORRESPONDENCE DISCUSSION. None. 4 City Council Summary- November 10, 2003 Councilman Lundquist moved, Councilman Peterson seconded to adjourn the meeting. All voted in favor and the motion carried. The City Council meeting was adjourned at 7:52 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim