Loading...
SUM 2004 03 08CHANHASSEN CITY COUNCIL REGULAR MEETING~SUMMARY MINUTES MARCH 8, 2004 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 Ayotte, Councilman Peterson, Councilman Lundquist, and Councilman Labatt STAFF PRESENT: Todd Gerhardt, Roger Knutson, Justin Miller, Kate Aanenson, Paul Oehme, and Matt Saam APPROVAL OF AGENDA: Mayor Furlong added item number 8, consideration of appointments to Southwest Metro Transit Commission for the City of Chanhassen and Planning Commission. CONSENT AGENDA: Councilman Ayotte moved, Councilman Lundquist seconded to approve the following consent agenda items pursuant to the City Manager's recommendations: Approval of Minutes: -City Council Work Session Minutes dated February 23, 2004 -City Council Summary and Verbatim Minutes dated February 23, 2004 Approval of 2004 Reach for Resources Contract for Adaptive Recreation Services. Acceptance of $3,000 Donation from the Chanhassen Lions Club for Ball Field Lights on Lion's Field at Lake Ann Park. All voted in favor and the motion carried unanimously with a vote of 5 to 0. PUBLIC ANNOUNCEMENTS: PRESENTATION OF $3,000 DONATION FROM THE CHANHASSEN LIONS CLUB FOR BALL FIELD LIGHTS ON LION'S FIELD AT LAKE ANN PARK. Mayor Furlong read a list of contributions made by the Chanhassen Lion's Club to the city and introduced Paul Palmer who presented a check in the amount of $3,000. l(e). APPROVAL OF KEY FINANCIAL STRATEGIES AND STRATEGIC PLAN. Councilman Lundquist presented items he had issue with in the documents. Mr. Gerhardt proposed new wording to address those concerns. City Council Summary - March 8, 2004 Councilman Lundquist moved, Councilman Peterson seconded to approve the Key Financial Strategies and Strategic Plan as amended. All voted in favor and the motion carried unanimously with a vote of 5 to 0. PUBLIC HEARING: CONSIDER VACATION OF A PORTION OF KIRKHAM ROAD RIGHT-OF-WAY (JAMES PELTON), VACATION FILE 04-06. Matt Saam presented the staff report on this item recommending the City Council approve the vacation request. Councilman Lundquist asked staff to explain the difference between having the city own the land or having a private driveway easement. Dan Revsbech, representing the property owner, stated this request was to bring the structure into conformance with city requirements. Mayor Furlong opened the public hearing. No one spoke and the public hearing was closed. Resolution #2004-10: Councilman Peterson moved, Councilman Ayotte seconded to approve a resolution vacating a portion of the public right-of-way on Kirkham Road as defined in the attached vacation description, subject to the following conditions: A 30 foot wide utility and drainage easement shall be retained over the existing sanitary sewer and water lines within the vacated area. A private driveway easement is required over the vacated right-of-way for the benefit of 3800 Red Cedar Point Road. All voted in favor and the motion carried unanimously with a vote of 5 to 0. UPDATE ON INTERNAL COMPLIANCE CHECKS, AXEL'S, 560 WEST 78TM STREET. Cristi Anderson, the manager of Axel' s, Linda Young, the owner and Tonya Swenson, past manager were present to provide an update on their internal compliance checks. Councilman Labatt asked what the people from Axel's got out of the Victim Impact Panel they attended. Mayor Furlong asked if they have seen any benefits from doing these internal compliance checks. Councilman Labatt asked what procedures are used when an underage person attempts to buy alcohol with a fake ID. Mayor Furlong thanked Axel's for coming in and updating the council and to keep up the good work. CONSIDERATION OF A KENNEL PERMIT APPLICATION; PAWS, CLAWS & HOOVES, 10500 GREAT PLAINS BOULEVARD. Kate Aanenson provided background information and explained that the reason it is before the City Council for consideration is because of comments received from the publishing of this kennel application. Councilman Lundquist expressed concern that the noise ordinance should be tracked and enforced without City Council direction to do so. Councilman Ayotte questioned whether the current ordinance, the way it's written, is 2 City Council Summary - March 8, 2004 enforceable. Mayor Furlong stated he would prefer the city act as facilitator to get the parties to work together themselves rather than trying to do something through the ordinance. Neal Blanchett with Larkin Hoffman Law Firm, 7900 Xerxes Avenue South spoke on behalf of Paws, Claws & Hooves. He stated they support staff's recommendation to approve the permit and would be willing to work with city staff in revising the ordinance. Councilman Ayotte asked Neal Blanchett to explain how Paws, Claws & Hooves deals with noise issues. Todd Gerhardt asked the applicant to consider keeping the dogs inside permanently. Councilman Labatt suggested that Paws, Claws & Hooves provide a 24 hour contact via phone or pager to the city. Mayor Furlong stated that since he had skipped over visitor presentations, he invited any interested parties to speak at this point. Susan Rech, 1000 Hesse Farm Road stated she was one of the neighbors who have written letters complaining about the noise. She was also representing the Force' s and the Ladd' s who were unable to be at the meeting. They all live on Hesse Farm and have been dealing with this problem for a number of years with the incessant barking of these dogs. She cited numerous conditions of the conditional use permit which are not being followed, and written complaints filed with the City of Chanhassen. Councilman Labatt suggested the neighbors use a video camera to record the time and date and record the barking dogs. Debbie Lloyd, 7302 Laredo Drive suggested that because of the topography, an officer might observe a barking dog and not hear it outside the fence as much as the neighbor up on the bluff. After discussion regarding the legalities involved with tabling or approving the permit and the time frame when a new ordinance can be brought in front of the council, the following motion was made. Councilman Lundquist moved, Councilman Labatt seconded to approve the commercial kennel permit for Paws, Claws & Hooves at 10500 Great Plains Boulevard. All voted in favor, except Councilman Ayotte who opposed, and the motion carried with a vote of 4 to 1. REQUEST FOR A LOT COVERAGE AND FRONT, SIDE, AND LAKESHORE VARIANCE, 3637 SOUTH CEDAR DRIVE, TOM & JACKIE JOHNSON. Kate Aanenson provided background information and action taken at the Planning Commission meeting. Council members asked for clarification on the drawing of what was existing and what was proposed. Dan Anderson spoke on behalf of Tom and Jackie Johnson at 3637 South Cedar Drive. Tom Johnson clarified the location of the 75 foot setback in relation to the deck design. The council asked staff for suggestions to amend the motion to approve the variances for shoreland setback and impervious surface coverage with conditions. Tom Johnson asked for clarification on what was being discussed by staff and council. Councilman Peterson moved, Councilman Lundquist seconded that the City Council approve variances for a 19.3 foot front yard setback, a lakeshore setback to allow 4 feet to connect the two decks, and variance from the impervious surface for the expansion of the house at 3637 South Cedar Drive based on the findings of fact in the staff report and subject to the following conditions: City Council Summary - March 8, 2004 The impervious surface shall be reduced to less than the current 40 percent impervious surface. The driveway shall be removed and re-vegetated as shown on the attached "Impervious Surface Reduction" schematic to achieve a reduction in the impervious surface. Tree protection fencing must be installed prior to any work commencing around all trees near the construction limits. Fencing shall remain in place until all construction is completed. The applicant shall work with staff to provide a vegetative buffer between the principal structure and Lake Minnewashta. Permits must be obtained before beginning construction, alterations and demolition. The tower and other elements of the project which are beyond the scope of Chapter 9 of the Minnesota State Building Code must be designed by a licensed engineer. All voted in favor and the motion carried unanimously with a vote of 5 to 0. REQUEST FOR A COMPREHENSIVE LAND USE AMENDMENT FROM OFFICE-INDUSTRIAL ONLY TO OFFICE-INDUSTRIAL AND OFFICE- INSTITUTIONAL; LOCATED EAST OF GALPIN BOULEVARD AND NORTH OF LYMAN BOULEVARD; SCHOOL DISTRICT 112. Kate Aanenson presented the staff report and update from the Planning Commission. Councilman Peterson asked staff to explain how they are planning to compensate for the loss of this industrial office property. Bev Stofferahn who lives at 8123 Marsh Drive and is Superintendent of School District 112 spoke on behalf of the school board asking for the council's approval. Councilman Lundquist stated he will be working and watching staff to locate industrial zoning elsewhere in the city and the 2005 MUSA area. Resolution #2004-11: Councilman Peterson moved, Councilman Labatt seconded that the City Council approve the Land Use Amendment to Office/Industrial and Office/Institutional subject to the attached findings of fact and conditioned upon approval of the Amendment from the Metropolitan Council. All voted in favor and the motion carried unanimously with a vote of 5 to 0. APPOINTMENT OF COMMISSION MEMBERS. Mayor Furlong requested that this item be added to appoint members to the Southwest Metro Transit Commission and Planning Commission. 4 City Council Summary - March 8, 2004 Councilman Peterson moved, Councilman Ayotte seconded to appoint Vicki Ernst to the Southwest Metro Transit Commission. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Councilman Ayotte moved, Councilman Peterson seconded that the City Council appoint Dan Keefe and Craig Claybaugh to 3 year terms on the Planning Commission beginning April 1, 2004. All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS. Mayor Furlong asked if there was anyone present to speak at visitor presentations since he had skipped over it earlier in the agenda. Stephanie Unze, 1080 Lyman Court who was on the school referendum committee to locate a secondary school in Chanhassen, stated her strong desire to see a secondary school built in Chanhassen. Mayor Furlong clarified the action taken by the council. COUNCIL PRESENTATIONS. Councilman Peterson updated the council that Southwest Metro Transit commission would be at the next work session meeting to discuss issues such as the park and ride, the downtown facility and how it all works together. Mayor Furlong stated he, along with other council members, have received numerous e-mails from neighbors along the 212 corridor and will work to answer all of their concerns. ADMINISTRATIVE PRESENTATIONS. Todd Gerhardt reminded the council of their special work session meeting on Monday, March 15th at 5:30 for a Southwest Metro Transit update and commission interviews. He also updated the council on the closing scheduled for the bowling alley property. CORRESPONDENCE DISCUSSION. None. Councilman Peterson moved, Councilman Labatt seconded to adjourn the City Council meeting. All voted in favor and the motion carried. The meeting was adjourned at 9:05 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim