SUM 2004 03 22CHANHASSEN CITY COUNCIL
REGULAR MEETING
SUMMARY MINUTES
MARCH 22, 2004
Mayor Furlong called the meeting to order at 7:05 p.m. The meeting was opened
with the Pledge to the Flag.
COUNCILMEMBERS PRESENT: Mayor Furlong, Councilman Ayotte, Councilman
Labatt, Councilman Peterson and Councilman Lundquist
STAFF PRESENT: Todd Gerhardt, Justin Miller, Roger Knutson, Kate Aanenson, Bob
Generous, Paul Oehme, Matt Saam, Kelley Janes, and Todd Hoffman
PUBLIC PRESENT FOR ALL ITEMS:
Uli Sacchet
Melissa Gilman
Janet Paulsen
Debbie Lloyd
Planning Commission
Chanhassen Villager
7305 Laredo Drive
7302 Laredo Drive
PUBLIC ANNOUNCEMENT: Mayor Furlong invited the public to the annual Easter
Egg Candy Hunt and coloring contest scheduled for April 10, 2004 at 9:00 a.m.
CONSENT AGENDA: Councilman Lundquist 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 March 8, 2004
- City Council Summary & Verbatim Minutes dated March 8, 2004
Receive Commission Minutes:
- Planning Commission Summary & Verbatim Minutes dated March 2, 2004
- Park and Recreation Commission Summary & Verbatim Minutes dated
February 24, 2004
Resolution#2004-12: Approval of Plans & Specifications; Authorize
Advertisement for Bids on the 2004 MSA Street Improvement Project 04-02.
Resolution#2004-13: Approval of Plans & Specifications; Authorize
Advertisement for Bids for Well No. 9, Project 03-02.
e. Accept $2,000 Donation for Safety Camp from General Mills.
f. Approval of 2004 Liquor License Renewals.
City Council Summary - March 22, 2004
g. Approval of Contract with RPA for Check Diversion Program.
h. Resolution#2004-14: Approval of Capital Improvement Program Purchases:
1) Toro 550-D Groundsmaster Lawnmower & John Deere 5520 Tractor with
Cab and Broom for the Park Maintenance Department.
2) Dodge Dakota Quad Cab 4 x 4 for the Building Inspections Department.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
APPROVAL OF CONSULTANT CONTRACT, HIGHWAY 41 TRAIL
CONNECTOR.
Councilman Lundquist expressed concern with the range of bids received, and with
staff' s recommendation for a consultant that the city has experienced difficulty with on
another project with large change orders and extra soil borings.
Councilman Lundquist moved, Councilman Labatt seconded to approve the
retention of Bonestroo, Rosene, Anderlik & Associates to provide engineering
consultant services for the Highway 41 trail connector. The amount of
compensation for preliminary design, easement description, surveying, permitting,
final design, bidding, construction inspection, and the provision of record plans
shall not exceed $33,840. All voted in favor and the motion carried unanimously
with a vote of 5 to 0.
VISITOR PRESENTATIONS.
Maria Lynn, 1050 Lake Susan Drive stated she wished to voice strong opposition to the
current MnDot plan for Highway 212, specifically the 212/101 interchange. Specifically
the plan to route an off ramp directly into Chanhassen Hills via Lake Susan Drive is
unacceptable.
LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE.
Sergeant Jim Olson introduced Deputy Kyle Perlich to the City Council. He then
reviewed the sheriff's office area report and area citation list from February, crime
prevention report and crime alerts issued by Beth Hoiseth, and the community service
officer report. Chief Gregg Geske provided the monthly report for the Chanhassen Fire
Department.
CONSIDER APPROVAL OF A RESOLUTION FOR TH 212 MUNICIPAL
CONSENT IMPROVEMENTS, PROJECT 03-09-1.
Public Present:
2
City Council Summary - March 22, 2004
Name
Address
Gayle Degler
Jon Horn
Lisa Freese
Jon Chiglo
John & Jacqueline Meyers
Mark Statz (BRAA)
Maria Lynn
Todd Schulz
A1 Klingelhutz
RJ Smith
1630 Lyman Boulevard
2550 University Avenue W., St. Paul
MnDot Metro, Roseville
MnDot Metro, Roseville
1011 Barbara Court
2335 West Highway 36
1050 Lake Susan Drive
1070 Lake Susan Drive
8600 Great Plains Boulevard
7741 Chanhassen Road
Paul Oehme provided background information and the concerns raised at the public
hearing that have been addressed by MnDot and staff. Councilman Peterson asked staff
to explain what measures will be taken to ensure that traffic does not go through the
Chanhassen Hills neighborhood from the 212/101 interchange. Jon Horn with Kimley-
Horn & Associates spoke to this issue. Jon Chiglo with MnDot stated that they have
been working closely with staff over the past few weeks to address modifications to the
resolution and MnDot is prepared to agree to all the conditions and requested that the
resolution reflect that. He also stated that the portion of 101 being turned back to the
city between 86th and Lake Susan Drive would be added to the design build project and
constructed under that project. Mayor Furlong asked Lisa Freese to clarify funding for
the 101 projects. Mayor Furlong asked for a legal opinion on the amendments suggested
by Mr. Chiglo in the resolution. He then thanked all the residents, staff and MnDot for
their work on this project.
Resolution #2004-15: Councilman Ayotte moved, Councilman Labatt seconded to
approve the resolution for the TH 212 Municipal Consent Project No. 03-09-1 as
amended. All voted in favor and the motion carried unanimously with a vote of 5 to
0.
HIGHLANDS OF BLUFF CREEK; LOCATED AT 2930 WEST 78TM STREET
{NORTHEAST CORNER OF WEST 78Tu STREET AND HIGHWAY 41};
PLOWSHARES DEVELOPMENT, LLC.
B.
C.
D.
E.
REQUEST FOR A LAND USE AMENDMENT FROM RESIDENTIAL
LOW DENSITY TO RESIDENTIAL MEDIUM DENSITY.
REQUEST FOR A CONDITIONAL USE PERMIT FOR DEVELOPMENT
WITHIN THE BLUFF CREEK OVERLAY DISTRICT;
REQUEST FOR PRELIMINARY PLANNED UNIT DEVELOPMENT
{PUD) REVIEW FOR AN 18 UNIT TOWNHOUSE PROJECT;
REQUEST FOR SUBDIVISION APPROVAL FOR 18 TOWNHOUSE
LOTS AND OUTLOTS; AND;
REQUEST FOR A VARIANCE FROM THE BLUFF CREEK OVERLAY
DISTRICT SETBACK REQUIREMENTS.
City Council Summary - March 22, 2004
Public Present:
Name
Address
Todd M. Simning
Ed Hasek
Steve Kroiss
Nathan Franzen
Scott Bertas
Susan McAllister
1851 Lake Drive West #550
Westwood Professional Services
Plowshares Development
Plowshares Development
6670 Vernon Avenue
2930 West 78th Street
Bob Generous provided the staff report and an update from the Planning Commission
review. Councilman Labatt asked staff to justify the 20 foot variance to the primary zone
and asked if similar conditions had been given to Vasserman Ridge. Pulte, Longacres,
JMS Homes, Stone Creek, Walnut Grove, or other developments as you continue down
along the primary line through Bluff Creek. Councilman Lundquist asked for
clarification on what is being proposed on the maps. Council discussed the pros and cons
of what was being proposed by staff, the elimination of 3 units or shifting units to save
trees in the primary zone. Councilman Labatt stated when Pulte was approved, their units
were positioned in such a way where any future development in the McAllister property
could be accessed off of Century Trail. The applicant, Todd Simning with Plowshares
Development stated after the last Planning Commission meeting on March 2nd, even
though they left, not with an approval but with good direction on access onto Century
Trail, the bituminous trail along TH 41, aggressive reforestation of the "staff defined
primary zone", and to make sure the tree loss calculations were correct. After meeting
with staff, the one outstanding issue is the "staff defined primary zone". He reviewed
ordinance 286, which deals with the Bluff Creek Overlay District and presented his
thoughts on why he feels their development is consistent with that ordinance. Mayor
Furlong asked Uli Sacchet, Chairman of the Planning Commission to provide the
Planning Commission's perspective on this proposal. Councilman Peterson asked to see
a map showing the density of development surrounding this project. During discussion
Councilman Labatt stated his desire to see the hammer head turnaround remain so the
council doesn't fact another problem like they saw in the Knob Hill development. Mayor
Furlong asked if the applicant would be willing to provide a written extension to the time
line to explore issues raised at the Planning Commission and tonight's meeting. Todd
Simning stated he didn't feel he could at this point, but would need to talk with his
business partner and attorneys to find out what their thoughts are and then provide an
answer by the April 3rd deadline. Councilman Peterson asked for legal counsel on actions
that can be taken by City Council. Todd Simning asked if they are tabled, how long
before they could be in front of the City Council again, and explained the work that has
taken place to get to this point and discussion on the hammer head requirement. After
discussion the following motion was made.
Councilman Peterson moved, Councilman Lundquist seconded that the City
Council approves the Land Use Amendment from Residential, Low Density to
Residential, Medium Density contingent upon final development approval of this
4
City Council Summary - March 22, 2004
planned unit development and Metropolitan Council review and approval of the
Land Use Amendment. Mayor Furlong, Councilman Peterson and Councilman
Lundquist voted in favor of the motion. Councilman Labatt and Councilman
Ayotte voted in opposition. The motion failed with a vote of 3 to 2.
The motion needed a 4/5 vote to pass. Roger Knutson explained the council's options at
this point and the need to adopt findings of fact consistent with denial. A special meeting
was scheduled for Tuesday, March 30, 2004 at a time to be decided.
Mayor Furlong called a 5 minute recess at this point in the meeting.
Mayor Furlong called the meeting back to order. Roger Knutson explained that the
applicants had provided a written notice of extension and explained the process the
council needs to follow to reconsider the previous motion regarding the land use
amendment.
Councilman Ayotte moved, Councilman Lundquist seconded to reconsider the
motion regarding the land use amendment for Highlands at Bluff Creek. All voted
in favor, except Councilman Labatt who opposed and the motion carried with a vote
of 4 to 1.
Councilman Lundquist moved, Councilman Peterson seconded to table Land Use
Amendment from Residential-Low Density to Residential-Medium Density for
Highlands at Bluff Creek. All voted in favor and the motion carried unanimously
with a vote of 5 to 0.
Councilman Lundquist moved, Councilman Ayotte seconded to table the
Conceptual and Preliminary PUD#2003-3, Preliminary Plat with Variance #2003-
19, Conditional Use Permit #2003-10, and Site Plan #2003-11 for Highlands at Bluff
Creek. All voted in favor and the motion carried unanimously with a vote of 5 to 0.
Due to the late hour of the meeting, the following motion was made for item 5.
Councilman Peterson moved, Councilman Lundquist seconded to table amendments
to City Code, including Summary Ordinance for Publication Purposes for Chapter
10, Licensing; Chapter 11, Miscellaneous Provisions & Offenses; and Chapter 13,
Nuisances. All voted in favor and the motion carried unanimously with a vote of 5
to 0.
APPOINTMENTS
COMMISSION,
COMMISSION.
TO SENIOR COMMISSION, PARK
ENVIRONMENTAL COMMISSION,
AND RECREATION
AND PLANNING
Mayor Furlong reviewed the interview process conducted by the City Council and asked
for a single motion for appointments to all commissions as follows:
City Council Summary - March 22, 2004
Councilman Peterson moved, Councilman Lundquist seconded to make the
following appointments to the various commissions:
Senior Commission: Curt Robinson and Marilyn Luthy-3 year term.
Park and Recreation Commission: Thomas Kelly and Jack Spizale-3 year term, Kevin
Dillon and Anne Murphy-2 year term, and Steve Scharfenberg-1 year term.
Environmental Commission: Jo Mueller and Dottie Shay-3 year term and Dave
Wanek-1 year term.
Planning Commission: Uli Sacchet-3 year term.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
COUNCIL PRESENTATIONS: None.
ADMINISTRATIVE PRESENTATIONS:
Councilman Lundquist asked for an update on the closing for the bowling alley property.
CORRESPONDENCE DISCUSSION. None.
Councilman Lundquist moved, Councilman Labatt seconded to adjourn the
meeting. All voted in favor and the motion carried. The City Council meeting was
adjourned at 10:15 p.m.
Submitted by Todd Gerhardt
City Manager
Prepared by Nann Opheim