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SUM 2004 01 26CHANHASSEN CITY COUNCIL REGULAR MEETING SUMMARY MINUTES JANUARY 26, 2004 Mayor Furlong called the meeting to order at 5:30 p.m. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Councilman Ayotte, and Councilman Peterson. beginning of the regular meeting. Furlong, Councilman Lundquist, Councilman Labatt arrived at the STAFF PRESENT: Todd Gerhardt, Justin Miller, Kate Aanenson, Matt Saam, Todd Hoffman, Bruce DeJong, Paul Oehme, Roger Knutson, and Kelley Janes Public Present: Name Address Brett Troyer Jack Broz Lisa Freese Larry Roybal Meg & Bob Nichols Dave Happe Curt Bardal Melissa Gilman Jon Chiglo Peter Wasko Doug Koch Jon Horn Patty & Craig Mullen Ken Wencl A1 Klingelhutz Rick Dorsey Vernelle Clayton Steve Lillehaug Kari Nettesheim Jim Sulerud Cory Nordmeyer Kent Exner JeffMallon Gary Devaan Bob & Suzanne Janssen Bob Quam Krista Flemming MnDot Metro District HNTB MnDot Metro District HNTB MnDot Metro District 607 Summerfield 10301 Heidi Lane Chanhassen Villager MnDot Metro District MnDot Metro District 9136 Springfield Drive Kimley-Horn 611 Summerfield Drive 8412 Great Plains Boulevard 8600 Great Plains Boulevard 1551 Lyman Boulevard 422 Santa Fe Circle Planning Commission 9151 & 9201 Great Plains Boulevard 720 Vogelsberg Trail 8707 North Bay Drive 8701 North Bay Drive 8743 North Bay Drive 8773 North Bay Drive 162 Lakeview Road 5120 West Street, Excelsior Town & Country Homes City Council Summary - January 26, 2004 Terry Matula Jim Wilson Sarah Lynn Bob Smithburg Carol Morimitsu Tim Erhart Richard Chadwick Kevin McShane James Haugen Cheryl Niebeling Debbie Lloyd Jerry & Janet Paulsen Town & Country Homes 9150 Great Plains Boulevard 1050 Lake Susan Drive 8657 Chan Hills Drive North 8769 North Bay Drive 964 Meadowlark Lane 9530 Foxford Road 180 South Shore Court 7800 Bavaria Road 10360 Heidi Lane 7302 Laredo Drive 7305 Laredo Drive PUBLIC HEARING ON MUNICIPAL CONSENT FOR NEW HIGHWAY 212~ PROJECT 03-09. Mayor Furlong welcomed people in the audience as well as those watching at home. He outlined the process the meeting would follow and asked Matt Saam to provide the staff update. Jon Chiglo, project manager with MnDot presented the Highway 212 project, providing the time line for construction, costs, and design details. Kate Aanenson provided a brief update on the park and ride parcel. Jon Horn of Kimley-Horn and Associates, the consultant working with the City on this project, reviewed the MnDot Municipal Consent package that was submitted to the city. Generally the two key components are the preliminary layout and MnDot cost participation policy regarding Chanhassen's share of the project. He then addressed items that are still of concern. One item is what happens with existing Trunk Highway 101 after the realignment. MnDot is being asked to consider the reconstruction of the piece of existing 101 between Lake Susan and 86th Street as a part of the 212 project. Another issue is along Highway 101 and access to the Klingelhutz property between Lake Susan and 86th Street. He then discussed the funding options for Chanhassen's portion of the project. Mayor Furlong opened the public hearing. Jon Chiglo responded to questions and concerns brought up by the residents. A1 Klingelhutz, 8600 Great Plains Boulevard provided background information on the 42 years he's been attending meetings for Highway 212. He had concerns with the service road providing access to the homes along Lake Susan with the realignment of 101, landscaping, and before the old 101 gets accepted by the City of Chanhassen, it should be updated to a more complete road instead of being located on a bunch of black dirt. Marsha Eelling, 8657 Chanhassen Hills Drive North presented the information she had provided to the Transportation Advisory Board on September 17, 2003 outlining her opposition to this project. Vernelle Clayton, 422 Santa Fe Circle spoke on behalf of the Villages on the Ponds project, and as a member of the Chanhassen Chamber of Commerce, expressing her support of this project and the benefit to the business community in expediting the timeline for the new portion of 101. Ken Wencl asked for clarification on the status of the old 101. He was requesting that the short portion of 101 up to Highway 5 be considered in the project as well. Lisa Freese, Area Manager for 2 City Council Summary - January 26, 2004 MnDot explained where this portion of 101 is at in the process and explained that MnDot will probably be able to move forward with this project in fiscal year 2006. Mayor Furlong asked the City Manager to provide an update on his conversations with Carver County regarding Highway 101. Bob Smithburg, 8657 Chanhassen Hills Drive North provided background information on meetings that have been held to date, and expressed his concern with the new 212 project. Jon Chiglo explained the design build process as it is a new process being used by MnDot. Cory Nordmeyer, 8707 North Bay Drive, President of the North Bay Townhouse Association passed out a handout outlining the concerns of the townhouse association. Their biggest concern is due to the proximity of the dwellings to the proposed road, that MnDot isn't giving proper consideration to noise abatement due to cost cutting measures. He provided suggestions for noise abatement during and after construction. City staff stated they would work with MnDot and the residents of North Bay to address their concerns. Rick Dorsey, property owner at 1551 Lyman Boulevard, questioned the need for so many interchanges within such a short distance. David Happe, 604 Summerfield Drive agreed with the residents of North Bay that MnDot needs to ensure that the sound levels meet or exceed the expectations of either state or federal standards. He thanked Kate Aanenson for holding the meetings for residents in the area, and would encourage as much public notification as possible for any future meetings. Lastly he asked the City Council to consider the current park and ride site and it's usage in relationship to the proposed park and ride and if Chanhassen really needs two comparable park and rides within such close proximity. Kari Nettesheim, 9151 Great Plains Boulevard and 9201 Great Plains Boulevard agreed that she does not feel the city needs two park and rides and the number of interchanges within that short of a distance. Her main point however was that she owns two properties where a holding pond is proposed in her back yard, which is also the septic leach bed. She stated somebody's going to have to replace the septic system or put in sewer or water if that holding pond stays in that location. James Haugen, representing the Chanhassen Chamber of Commerce, addressed specifically the connection point between the 312 corridor and the downtown core business area and making sure that funding is obtained and comes along with the implementation of the road so that the downtown area can stay connected to all of the traffic going by on 312. Richard Simmons, 530 Summerfield Drive expressed concern with the proposed park and ride, with it's layout and access. Tim Erhart, 9611 Meadowlark Lane stated being a resident and business owner in Chanhassen for 24 years, he's seen the city grow and develop. He stated the need to have 212 built to prevent additional congestion because people are going to fill in western Carver County, whether or not we build the road. Secondly, the need to provide some method of transportation to get from the industrial parks to the airport, downtown and other businesses in the community stating otherwise we're not going to see the growth of the industrial base necessary to maintain what everybody considers reasonable tax rates for residential. He's concerned with the landscaping and finishing of the project not being adequate and has expressed those concerns to MnDot. Mayor Furlong thanked everyone for attending the public hearing. Councilman Ayotte moved, Councilman Lundquist seconded to table the public hearing to later in the regular agenda. All voted in favor and the motion carried unanimously with a vote of 4 to 0. City Council Summary - January 26, 2004 There was a short recess prior to the beginning of the regular agenda. Councilman Labatt arrived at this point in the meeting. Mayor Furlong reconvened the City Council meeting at 7:15 p.m. PUBLIC ANNOUNCEMENTS: Mayor Furlong read an invitation to the February Festival being held on February 7, 2004. CONSENT AGENDA: Councilman Labatt moved, Councilman Lundquist seconded to approve the following consent agenda items pursuant to the City Manager's recommendation: Approval of Minutes: -City Council Work Session Minutes dated January 12, 2004 -City Council Verbatim and Summary Minutes dated January 12, 2004 Receive Commission Minutes: -Planning Commission Minutes dated January 6, 2004 e. Approval of Pay Invoice for 2003 Boulevard Tree Pruning. f. Approval of 2003 Environmental Excellence Award Recipients. All voted in favor and the motion carried unanimously with a vote of 5 to 0. B. APPROVAL OF CONSULTANT CONTRACT FOR DESIGN OF WELL #9~ PROJECT 03-02. Councilman Lundquist asked for staff clarification on the amount of the contract. Todd Gerhardt asked Matt Saam to highlight the cost savings measure by combining well house #3 with well house #9. Councilman Labatt asked staff to explain what the structure would look like on park property. Councilman Lundquist moved, Councilman Ayotte seconded that the City Council approve the consultant contract for the design of Well #9, Project 03-02. All voted in favor and the motion carried unanimously with a vote of 5 to 0. C. APPROVE PUMP PURCHASE FOR LIFT STATION NO. 10-PW055J. Councilman Lundquist asked staff for clarification on the funding source for this item. Councilman Lundquist moved, Councilman Peterson purchase of the pump for Lift Station No. 10, PW055J. motion carried unanimously with a vote of 5 to 0. seconded to approve the All voted in favor and the 4 City Council Summary - January 26, 2004 VISITOR PRESENTATIONS: Debbie Lloyd, 7302 Laredo Drive wanted to discuss the e-mail she sent to all City Council members regarding Burlwood 2nd Addition. She felt strongly that just because a prior council had made decisions regarding this property, that was not a reason to grant 3 variances to create sub-standard lots and asked that the council not grant variances on the lot size. Jerry Paulsen, 7305 Laredo Drive suggested that the council not approve these variances because you're setting a possible precedent by going with under sized lots. LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE. Sergeant Jim Olson reviewed the Carver County Sheriff's office area report for December and year end, the sheriff' s office citation list for December, crime alerts issued by Crime Prevention Specialist Beth Hoiseth, and Community Service Officer report. Councilman Lundquist asked Sergeant Olson to explain why the numbers were up this year from the previous year. Councilman Ayotte asked if Sergeant Olson had gotten any numbers on conviction rates. Todd Gerhardt asked Sergeant Olson to explain the city's winter parking and plowing policies. Councilman Ayotte asked how the sheriff's department is going to stay on top of things with the R&D activities in public safety. Mayor Furlong stated he would like to have the CSO reports included in the packet on a routine basis. Gregg Geske, the new Fire Chief introduced himself and presented the update from the Fire Department. PUBLIC HEARING: CONTINUATION OF PUBLIC HEARING ON MUNICIPAL CONSENT FOR NEW TH 212~ PROJECT 03-09. Mayor Furlong continued the public hearing. Jim Sulerud, 730 Vogelsberg Trail stated his concerns were directed at MnDot regarding safety, in particular along Highway 101 south of Pioneer Trail. He then read an e-mail he sent today to Carol Molnau and copied to Lisa Freese from MnDot, Mayor Furlong as well as other folks he's been in touch with over the years regarding his opposition to the construction of new Highway 312. Lisa Freese responded to Mr. Sulerud's concerns from MnDot's perspective. During council comments, Councilman Ayotte thanked everybody for showing up and speaking tonight on the issue, and encouraged people to get involved in other city activities. Mayor Furlong also thanked the public for attending and sharing their interests and concerns in such items as the park and ride, the 101 gap project, funding, interchanges, traffic, and congestion. He commended staff and MnDot staff for working so well together and believes MnDot is being very responsive to questions and concerns in a timely manner. No action was needed for this item. AWARD OF BIDS~ CITY HALL REMODELING PROJECT. Todd Hoffman reported on the bid opening on January 7th for the remodeling project. Low bidder was GenCon Construction of Jordan, Minnesota in the amount of $194,900 with a voluntary deduct of $600 being offered by the contractor for a change in City Council Summary - January 26, 2004 presentation casework. Councilman Lundquist asked for clarification on the funding source for this project. Resolution #2004-06: Councilman Peterson moved, Councilman Lundquist seconded that the City Council award the City Hall Lower Level Remodel Project to GenCon Construction in the amount of $194,300. All voted in favor and the motion carried unanimously with a vote of 5 to 0. APPROVAL OF AMENDMENTS TO CHAPTER 4 OF CITY CODE, ENTITLED FEES: 1) INCREASING UTILITY RATES. INCREASING LATERAL UTILITY CONNECTION & TRUNK UTILITY HOOKUP CHARGES. Bruce DeJong presented a power point presentation with a recommendation of adoption of this code amendment. Councilman Ayotte asked staff to explain the reasoning behind the request for rate increases. Councilman Lundquist asked for clarification on the numbers being presented by staff. Mayor Furlong clarified that the City Council would be reviewing this issue in the future on an annual basis. Councilman Ayotte moved, Councilman Lundquist seconded that the City Council adopt amendments to Chapter 4 of the City Code, entitled Fees, increasing sewer and water rates and increasing lateral utility connection and trunk utility hookup charges as proposed by staff. All voted in favor and the motion carried unanimously with a vote of 5 to 0. l(O). APPROVE REQUEST FOR PRELIMINARY PLAT TO REPLAT ONE 40,355 SQ. FT. LOT INTO 3 SINGLE FAMILY LOTS WITH VARIANCES, 6700 POWERS BOULEVARD, BURLWOOD 2ND ADDITION, EPIC DEVELOPMENT. Kate Aanenson reviewed the history of this site and presented the staff and Planning Commission recommendation. Councilman Peterson asked staff to verify that the immediate neighbors were in agreement with this variance request. Mayor Furlong asked staff to explain the issue of the half street brought up by Debbie Lloyd. Steve Lillehaug, a member of the Planning Commission stated that the Planning Commission didn't really discuss the PUD as an option and asked if staff could indicate why a PUD would be acceptable here. He also indicated that the Planning Commission recommended approval of this request, and he was the one member in opposition. His reason being that it is a small lot surrounded by 3 roads so he would have particular concerns with those lots. After council discussion the following motion was made. Councilman Labatt moved, Councilman Peterson seconded that the City Council approve Subdivision #03-12 for Burlwood 2na Addition for 3 lots with lot area City Council Summary - January 26, 2004 variances as shown on plans dated October 17, 2003, based upon adoption of the Findings of Facts in the staff report, and subject to the following conditions: Applicant shall revise the landscape plan to show a minimum of 43 trees to be planted. A minimum of two deciduous, overstory trees shall be required in the front yard of each lot. 3. No more than one-third of the required trees may be from any one species. Tree preservation fence shall be installed at the edge of the grading limits around all trees proposed to be preserved prior to any grading. 5. All transplanted evergreens must have a warranty for two growing seasons. 6. A revised landscape plan must be submitted to the city before final approval. Any trees proposed for preservation that are lost due to grading and construction activities will be replaced at a rate of2:1 diameter inches. Applicant shall plant a minimum of 16 overstory, 24 understory, and 40 shrubs along Powers Boulevard and 4 overstory, 6 understory and 11 shrubs along Lake Lucy Road. 9. Fire Marshal conditions: One fire hydrant will be required. Contact Chanhassen Fire Marshal and City Engineer for exact location of required fire hydrant. The new proposed street will be required to have a street name. Submit proposed name to Chanhassen Building Official and Fire Marshal for review and approval. A 10 foot clear space must be maintained around fire hydrants, i.e. street lamps, trees, shrubs, bushes, Qwest, Xcel Energy, cable TV and transformer boxes. This is to ensure that fire hydrants can be quickly located and operated by firefighters (pursuant to Chanhassen City Ordinance #9-1). No burning permits will be issued for tree/shrub disposal. Any trees removed must be removed or chipped on site. 10. Show City Detail Plat Nos. 5300 and 5301. 11. On the grading plan: a. Add a 75 foot minimum rock construct entrance. City Council Summary - January 26, 2004 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. Revise the grading between Lot 1 and Lot 2 to avoid draining stormwater toward the Lot 1 house pad. Extend the silt fence around the proposed berm along the east side of Lot 1 and Lot 2. Add a benchmark to the plan. Show all existing and proposed easements. Show the proposed contours for the berm along Powers Boulevard. All disturbed areas shall be resodded or reseeded within two weeks of grading completion. If fill is imported or exported, the applicant will need to supply the city with a haul route plan for approval. The property is subject to sanitary sewer and water hookup charges. The 2003 trunk utility hookup charges are $1,440 per unit for sanitary sewer and $1,876 per unit for water. The 2003 SAC charge is $1,275 per unit. These fees will increase in 2004 and will be collected prior to building permit issuance and are based on the numbers of SAC units for the new building addition. Relocate the existing storm sewer on the property to within a 20 foot easement along the shared property line between Lot 1 and Lot 2. Show all existing and proposed easements on the preliminary plat. Installation of the private utilities for the site will require permits and inspections through the City' s Building Department. Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA, Department of Health, Watershed District, Carver County, etc. Prior to final platting, site drainage map and calculations will need to be submitted for staff review. The site drainage has to be designed for a 10 year, 24 hour storm event. Building Official conditions: Final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued. Each lot must be provided with a separate sewer and water service. Demolition permits must be obtained before demolishing any structures. The applicant will be required to remove the single family home and the detached two car garage prior to recording the final plat. City Council Summary - January 26, 2004 22. The applicant shall pay park fees in lieu of land dedication or trail construction on two lots based on the fees in effect at the time of final plat approval. 23. Final plat approval of Burlwood 2nd Addition shall be contingent upon the recording of Burlwood Addition. All voted in favor, except Councilman Lundquist who opposed, and the motion carried with a vote of 4 to 1. COUNCIL PRESENTATIONS: None. ADMINISTRATIVE PRESENTATIONS: Todd Gerhardt reminded the City Council of a strategic planning session next Tuesday at 5:30 p.m. Councilman Peterson asked about the number of openings on commissions. Todd Gerhardt introduced Paul Oehme, the new City Engineer/Public Works Director. CORRESPONDENCE DISCUSSION. Councilman Labatt asked Kate Aanenson to explain all the reports from the Soil and Water Conservation District. Councilman Labatt stated one of his pet peeves is the long duration until silt fences get removed. Kate Aanenson asked that anybody who sees silt fences in the ground, to e-mail their location so they can get them on a checklist. Councilman Peterson moved, Councilman Lundquist seconded to adjourn the meeting. All voted in favor and the motion carried. The City Council was adjourned at 8:55 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim