CC 2004 06 28CHANHASSEN CITY COUNCIL
REGULAR MEETING
JUNE 28, 2004
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 Ayotte, Councilman
Lundquist and Councilman Peterson
COUNCIL MEMBERS ABSENT: Councilman Labatt
STAFF PRESENT: Todd Gerhardt, Tom Scott, Justin Miller, Todd Hoffman, Paul
Oehme, and Kate Aanenson
PUBLIC PRESENT FOR ALL ITEMS:
Melissa Gilman
Uli Sacchet
Roger Behrens
Debbie Lloyd
Allen W. Obernolte
Chanhassen Villager
Planning Commission
8780 Flamingo Drive
7302 Laredo Drive
Americana Community Bank
PUBLIC ANNOUNCEMENTS:
Mayor Furlong: Well thank you and good evening to everyone and welcome to those
that are here this evening and those watching at home as well. Appreciate you joining us
First I'd like to ask if there are any additions or modifications to the agenda that was
published. If not, that agenda will be followed this evening without objection. First item
for a public announcement standpoint, this coming weekend, July 3rd and 4th is a big
celebration for our city. Annually the City of Chanhassen in cooperation with a number
of local businesses and sponsors support a series of special events. This weekend's
special event to celebrate the 4th of July in our town is going to be a fun time and ! would
certainly hope that everybody would come and be involved in the activities on the 3rd or
4th or both days. This is an opportunity for residents, families, friends to get together and
really celebrate being together. The events of July 3rd begin at 3:30 in the afternoon. The
Chamber of Commerce, which has been very active in our city, continues to grow, is
sponsoring their annual business fair. There will be other events throughout the evening
including the Casablanca Orchestra and activities for families that evening. On July 4th
events start at 7:30 in the morning with the fishing contest out of Lake Ann. From 11:00
until 2:00 there will be a number of pre-parade activities this year. We'll have some
people from Chanhassen Rotary come and speak to us a little bit during presentations
about that but there will be a number of activities at City Center Park. Classic car show,
bands, Taste of Chanhassen which is new, and then the parade at 2:00. 2:30, excuse me,
and the fireworks in the evening so it will be a fun time and certainly look forward to
seeing all of you there. Everybody that can come.
City Council Meeting - June 28, 2004
CONSENT AGENDA: Councilman Lundquist moved, Councilman Peterson
seconded to approve the following consent agenda items pursuant to the City
Manager's recommendations:
Approval of Minutes:
-City Council Work Session Minutes dated June 14, 2004
-City Council Summary & Verbatim Minutes dated June 14,
2004
Receive Commission Minutes:
-Planning Commission Summary & Verbatim Minutes dated June 15, 2004
c. Approval to Close City Streets for 4th of July Parade.
d. Call for Sale, 2004 Bond Issues.
e. Settlers West, The Pemtom Land Company:
1) Final Plat Approval
2) Approval of Plans & Specifications & Development Contract
3) Approve Cooperative Agreement with the City of Eden Prairie
f. Approval of Request for a Fireworks Display Permit, July 4, 2004 at
Minnewashta Regional Park, Lake Minnewashta Fireworks Committee.
Approve Amendment to Development Contract for Burlwood Addition - Project
No. 03-10.
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
VISITOR PRESENTATIONS:
Greg Krauska: Good evening. Greg Krauska, 2209 Lukewood Drive. Speaking on
behalf of the Chanhassen July 4th Parade Committee. I'd just like to begin by thanking
city staff, as well as the Chamber of Commerce, as well as literally hundreds of
volunteers who put together great effort to once again put on what is really
Chanhassen's premiere fun and social event of the year. I'm joined this evening by Co-
Chair Nancy Mancino and Vernelle Clayton. Both Nancy and Vernelle are part of the
group that started the parade about 8 years ago and really the theme you'll see on
banners and the advertising for the parade is Proud to be an American, this year's
theme, co-presented by Chanhassen Rotary and volunteers, and it's really that core
group of volunteers that started this event 8 years ago who are really responsible for
what it is today. And so the Chanhassen Rotary has teamed up with this group and
together we're putting on this series of events so thanks to Nancy, Vernelle and the rest
of the original committee for their long standing work with no thanks. Purely their own
effort and vision to make it happen. As ! mentioned, and as Mayor Tom Furlong had
2
City Council Meeting - June 28, 2004
mentioned, the parade day festival begins at 11:00 in City Center Park. Followed by the
4th of July parade at 2:30 p.m. and for anyone who wants more information and detail
they can go to chanhassenrotary.com for more information. The theme this year is
Proud to be an American, and what we're doing this year is honoring veterans past and
present, including Grand Marshall's Jennifer Formico and Jonathan Gill. Both
Chanhassen residents who served in the Persian Gulf and have recently returned. We're
also going to honor families of those currently serving in all branches of the Armed
Services, as well as Veterans of World War II and other eras. Parade festivals begins
with the Taste of Chanhassen. We have so far over 10 local restaurants and vendors,
along with the Rotary Beer Gardens. We're going to be available with food, beverages,
treats, and lots of things to enjoy prior to the parade. In addition the Classic and
Antique Auto Show, first time this year co-sponsored by the Chanhassen Rotary and the
Lion's Club, and among the more than 25 entries so far, a 1929 Model A, the 1942
Patton Command Vehicle that will also be in the parade, 17 restored tractors and many,
many more great classic automobiles and other vehicles. And then finally there will be
a street dance to benefit the CAP Agency featuring the band, Bunch of Losers. And all
of this is not for just good fun and entertainment as much as it is, we're also focusing on
charity this year. There will be two primary fundraisers out of this event. Number one,
as part of the street dance we're inviting Chanhassen residents and visitors to bring non
perishables or cash contributions and there will be a place to donate those items at the
stage, by the musical stage. In addition, the Chanhassen Rotary is offering a raffle to
benefit Polio Plus, and Polio Plus is Rotary's global effort to eradicate polio by the year
2005, and we're about 6 countries away so with a little bit of extra effort and
contributions by not only this community but many others, we will accomplish that goal
of eliminating polio this year. Or next year. So $5 chance gets you a ticket anywhere in
the world serviced by Northwest World Vacations in North America, Europe and Asia,
so between the street dance and the food bank charity drive, and the Polio Plus raffle,
we really encourage the residents to come out and sponsor those programs. This year
we're really excited, we've got 91 entries led by 9 marching bands and musical groups.
We have clowns, live horses, motorcycles, a space ship, a burrito blimp and many more
things, so we've got great entertainment and great support and participation from the
community. 20 local businesses are participating, each providing their own float and it
will be interesting to see the creativity that they come up with, as well as the Chamber
of Commerce of course. In addition this year being an election year, we'll have both of
the major parties represented plus some others. Religious and governmental groups,
neighborhoods and other community groups will also be part of the parade, and we're
excited to have them. This year we're also beginning with a new opening ceremony. It
will include the Carver County Sheriff's squad. We'll have the Cub Scouts, the U.S.
Naval Sea Cadets color guard, our grand marshals of course, the command vehicle I
mentioned earlier, our American Legion color guard, a B17 model. The U.S. Army is
going to bring a black and gold Humvee and we'll also have among the veterans, World
War II Veteran Don Roy will be joining us. And as part of that ceremony, if you look at
the parade map up on the screen, the parade will proceed from it's east bound origin to
the library plaza or City Center Park area. At that point we will have a color guard.
We'll have the National Anthem. A presentation by, and welcome by Mayor Tom
Furlong, followed by a T6 fly over. They're going to be 4 World War II era T6
City Council Meeting - June 28, 2004
airplanes cruising down 78th Street and if we time it just right, Tom should just be,
Mayor Tom should be just finished with his comments when those planes come rolling
through. So that will be a first for the parade and ! think a real exciting addition. A
great thank you goes out in addition to the committee and Vernelle and Nancy and
others for their leadership through the years, to the city, the county, all the volunteers.
The rest of the parade committee. Chanhassen Rotary and Lions, and especially our
sponsors and to talk about that I'd like to introduce Vernelle.
Vernelle Clayton: Thank you I'll be very brief. You see the list up there, and ! don't
know how you scroll it down but, why don't you just scroll it down. We have, you see
that we have special blue, red and white and then in-kind. The differences are that,
everyone gets their name in the program book and if they're into enough they get their
name and everyone is announced by the parade announcers but for those with, that give
at levels so they are qualified as blue or red sponsors, they also have a volunteer carry a
sign that the parade committee makes up for them. An 18 by 24 roughly sign that's
carried along the parade so we feel that most of those merchants really get their money's
worth for the exposure that they get. ! say most because we do have a few that give a
fair amount of money and maybe they would say that it isn't worth $1,000 but we
nevertheless desperately need that kind of contribution and we have a couple of those
that have been giving that amount of money and some that have been giving $500 every
year for the past 7 years. He mentioned this is our eighth parade. The first parade was
sponsored and paid for by the City. That was part of our Centennial celebration, and for
the 7 years since then, since we all thought it'd be a good idea to have a parade, we've
had to raise the money. ! thought it was kind of interesting that we have now, we may
get a couple more tomorrow but we have 46 companies that are sponsoring it this year at
various levels, which is really a great thing ! think. They are so anxious and so
cooperative and so generous. Of those, 13 have been contributing every single year. 12
are new this year and 21 have contributed from 2 to 6 years. Many kind of more on the
6 year level, but some of them are new businesses and just weren't here 7 years ago, but
they give every year since they moved here. ! can't tell you how much we appreciate
their generosity and ! hope that the folks that might be at home watching who maybe
work for some of these companies will let them know how much we appreciate it and
hope that they all come and watch. Thanks.
Greg Krauska: Thanks Vernelle. As Vernelle mentioned, again the parade, other than
the in kind contributions and the efforts from city and county staff, is entirely funded by
those community donors so again, our tremendous thanks to those folks. In closing, an
invitation to the community, to visitors, to everyone in the area to come early. Bring
your blanket, your folding chairs, whatever you've got to mark your turf your best spot
on the parade route. Enjoy the pre-parade festival. Festivities and then join us for the
2004 July 4th Parade at 2:30 p.m. Thank you.
Mayor Furlong: Thank you. Very good. Visitor presentations. We're still in that
section, if anybody else would like to come forward at this time. Very good.
4
City Council Meeting - June 28, 2004
LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE.
Sgt. Jim Olson: Hello. I apologize. I do not have a deputy to introduce to you this
evening so, but we will get going here. I'm not going to go over the numbers real heavily
this month. If you have any questions, feel free to ask me. The phone calls for service
were down by 44 for the month, so that was certainly a good thing compared to last year.
Down for the month were burglaries, damage to property and theft. All three of those
were down for the month. DWI's were up from 14 to 22 for the month of May, and then
for the year they're up from 42 to 86. Traffic stops were up from 250 last year for the
month of May to 296 this year, and then for the year they're up from 1030 last year to
1188 for this year. And then for the month of May citations, 171 for the month. Were
there any questions referenced the numbers at all for the month?
Councilman Lundquist: Sergeant Olson, the DWI's you talked about, that's a conscience
effort that the sheriff is going after. Putting a little more emphasize on this year, is that
right?
Sgt. Jim Olson: Yes. We've been hitting that harder this year, yes.
Mayor Furlong: Sergeant, question on the year to date numbers from 2003 to 2004. On
criminal facts were actually down there from 30, almost 8 percent.
Sgt. Jim Olson: Yes we are.
Mayor Furlong: That's good.
Sgt. Jim Olson: That is a good thing.
Mayor Furlong: Any comments or thoughts on that?
Sgt. Jim Olson: You know our thefts and our damage to properties are down quite a bit
this year compared to last year and I think that's contributing to a big part of that. There
are some people that we've apprehended. There also, the weather hasn't been real good
so there have not been a lot of young people out at night, and that's also helped in that so.
Mayor Furlong: So don't complain about the weather, is that what you're saying?
Sgt. Jim Olson: Well, anything else from a numbers standpoint at all? Okay. I also
wanted to talk briefly, we are certainly gearing up for the 4th of July. That's coming up
this weekend, and you certainly had a nice presentation that you had and I don't have a
lot more to add to that. If you're interested I do have maps as far as the parade route and
the alternate routes if you're interested in those and if you have any questions about
those.
City Council Meeting - June 28, 2004
Councilman Ayotte: Why don't you flash one up on the screen so that folks at home can
see it. Does this relate back to the change we had from last year?
Sgt. Jim Olson: Yes. I mean that is one of them.
Mayor Furlong: Is this available on the web site? ! know it's available on the
Chanhassenrotary.com web site. Do we have a link from the city to that site or can we
get that too? So if people want to look at.
Todd Gerhardt: We can add that, if it's not out there already and we can.
Mayor Furlong: Or if we can just get this map linked as well so people know where the
roads are.
Sgt. Jim Olson: Yes, the big change that we've had from last year, there's a couple of
them. Frontier Trail, West 78th will be closed down to Frontier Trail instead of at 101
this year, and that will provide easier access for people to get back into Frontier Trail and
back into that area there. We've also had a little change traffic wise for vehicles that are
trying to go east on West 78th Street. In the past we've put them directly into Market
Square shopping center, so we've had vehicles coming in and going out from that parking
lot. We are now going to switch the vehicles that are trying to go eastbound back to the
Target entrance, which is further back with the vehicles that are coming in, and that will
help alleviate some of that congestion that we've had there in the past. West 78th Street
will be getting closed down at Kerber at approximately 1:30, along with Laredo Drive.
Chan View will be getting shut down around 12:30 for that day so. Any questions at all
parade route wise or? Okay. ! wanted to touch on briefly, we had an attempted robbery
that occurred at one of the area convenience stores/gas stations within the past couple of
weeks. ! just have some tips for some business owners and employees as far as some
different things that they can do. You know something like that happens, make sure that
you use caution or remain calm. Do exactly as the robber instructs and don't try to be a
hero. Give him the money. That can certainly be replaced. After you know that does
happen, as soon as it's safe, lock the door and call 911 and while you're waiting for
deputies to arrive, or law enforcement to arrive, start putting your thoughts down on
paper a little bit as far as what you saw. What you heard. What they were wearing. Any
accents, tattoos, anything like that. And some of the things you can do beforehand,
before something like this happens, is have a good video surveillance system in your
place of business that's up to date and then have the current date and time on it also. A
lot of them that we run into, they don't set the date or they don't set the time. That can
make it difficult to try to pin point exactly when it happened. Also, put your recorder in a
place that's not easily accessible. Sometimes people try to grab the tapes out of there
because they can see where the recorders are. Periodically look at the positions of your
cameras and check the angles. Find out what they cover. You know if you're trying to
cover your cash register but you've got it pointing down towards the pop aisle, that's not
going to do us a lot of good, so check your angles. Keep your back door locked at all
times. Also limit the amount of money that you have on hand. Make daily deposits and
regular till drops of excess cash in the safe. If you see somebody that looks suspicious or
City Council Meeting - June 28, 2004
out of place, do not be afraid to call 911. We would much rather you know have a chat
with somebody that is just hanging around then respond to something later. And also
train your staff in robbery procedures and what to do, and we can certainly assist you
with that between the sheriff' s office and Crime Prevention Officer Beth Hoiseth with the
City of Chanhassen. And my phone number is 227-1601 and Beth's is 227-1610. Those
are all important things. Any questions regarding that or any questions at all for me for
the evening?
Mayor Furlong: Anything? No. Very good, thank you.
Sgt. Jim Olson: Thank you very much. Have a good evening.
Mayor Furlong: Chief Geske is here as well this evening. Good evening.
Chief Gregg Geske: Good evening. ! guess I'd just like to report, as ! did report in your
council packet, that our calls continue to be down. We're down 120 from last year,
which is a good thing. We did not have any house fires since last month. We did
respond to a mutual aid in Eden Prairie last Saturday night. They had a house fire there
and called us for mutual aid. To report ! guess that our, we formed a truck committee.
Those people are starting on the engine that we have slated for the 2006 CIP budget.
Starting to gather information on what kind of a vehicle needs we have and stuff and it' s
a long process they start to go through so they've attended a few shows and stuff to look
at different offerings and stuff like that so it's a job that we have about 10 people
involved in the truck committee and are starting in on that. We do have the member
shining up apparatus for the July 3rd and 4th festivities, which we're involved in the kiddie
parade and the parade. ! think we have about 6 vehicles in the parade there so quite a
few trucks we're cleaning up for that so, with that ! don't have a whole lot else to report.
Are there any questions or anything? I'll add that they talked about the Rotary Polio
thing. It's worth 5 bucks. ! won it last year so, a nice trip to Alaska so well worth
everybody turning in 5 bucks...
Mayor Furlong: So you can win again.
Chief Gregg Geske: Yeah, I'll buy another ticket and win it two years in a row.
Mayor Furlong: At least we know somebody wins the raffle.
Chief Gregg Geske: Right, exactly. Thanks.
Mayor Furlong: Thank you.
PUBLIC HEARING: CONSIDER AMENDMENT TO CHAPTER 4 OF CITY
CODE CONCERNING FEES.
Kate Aanenson: This is a continuation of consolidation of the city code. As you recall
we put all the fees in Chapter 4 so it's again trying to make it more user friendly. There
City Council Meeting - June 28, 2004
were two items that were not addressed at that time as we worked through. One was, as
we looked at the sexually oriented businesses and address those issues. We also needed
to re-examine what the fees should be and based on inflation when it originally was
adopted in 1992 was $1,000. We're recommending $1,300 for the new fee for that. And
then also putting in this historically what we've charged for the temporary on-sale license
for charitable organizations and that's been at $1.00. So what the staff is recommending
approval for the ordinance amending Chapter 4 would be those two changes. Again,
sexually oriented business licensing for $1,300 and temporary on-sale liquor license for
charitable for $1.00.
Mayor Furlong: Thank you. Questions for staff. Just quick clarification on the
temporary on-sale liquor. Do we ever have non-charitable or non-civic apply for that?
You mentioned charitable. Obviously there's some civic organizations or, other non-
profits. Do we need to clarify it there?
Todd Gerhardt: Yeah, you'd have to get a liquor license. ! don't think we'd call for a
one day liquor license.
Mayor Furlong: For a for profit organization?
Todd Gerhardt: Right.
Mayor Furlong: Okay, so this would be, the way this is worded, this would be anybody
that.
Kate Aanenson: Yeah, and most of it's our own festivities or activities that kind of.
Mayor Furlong: Sure.
Todd Gerhardt: Where you may see something like that down the line if the Arboretum
should have an event down there where they would need you know full liquor, something
of that sort but we have not have any of those requests.
Mayor Furlong: They'd probably qualify as a non-profit or not for profit.
Todd Gerhardt: Yeah. You know a private entity out there or something of that sort.
Mayor Furlong: Okay. Thank you. Any other questions? If not, I'll bring it to council
for discussion. Any discussion on this matter? Seems reasonable? If there is, is there a
motion to approve staff' s recommendation?
Councilman Ayotte: So moved.
Justin Miller: Public hearing?
City Council Meeting - June 28, 2004
Mayor Furlong: There is a public hearing isn't there? Thank you. It's a good thing I
didn't recognize that motion being made. ! will open the public hearing then and provide
comments, or ask people to come forward with comments to the council. This is an
opportunity for anybody to speak at the public hearing, if anybody would like to. If not, !
will close the public hearing. We'll close the public hearing then and bring it back to
council. Sorry to move so quickly on this. If there's no discussion, is there a motion?
Councilman Ayotte: So moved.
Councilman Peterson: Second.
Mayor Furlong: Made and seconded. Any discussion on the motion?
Councilman Ayotte moved, Councilman Peterson seconded to approve the
ordinance amending Chapter 4 of the Chanhassen City Code, Permit and
Administrative Fees-Sexually Oriented Businesses and Temporary On-Sale Liquor
Licenses. All voted in favor and the motion carried unanimously with a vote of 4 to
0.
PUBLIC HEARING: CONSIDER REQUEST FOR AN ON-SALE BEER & WINE
LICENSE, DELOIAS, INC., DBA FRANKIE'S CHICAGO STYLE PIZZA,
PASTA & RIBS, 7850 MARKET BOULEVARD.
Public Present:
Name Address
Patrick Shea
7850 Market Square
Justin Miller: Good evening Mayor, council. Staff has received a request for a new on-
sale beer and wine license at the current Frankie's location. It's a new owner and that
does require a new license application. The new owner is intending to keep the restaurant
the same and so it's the exact same type of license that currently is there. Staff has
performed a background check on the owner and the principles in the organization. They
both come back clean. Staff at this time would recommend that you hold a public
hearing and then we recommend that you approve the request for an on-sale beer and
wine license for Deloias Inc doing business as Frankie's Pizza, Pasta and Ribs contingent
upon receipt of their liquor license fee and liability insurance.
Mayor Furlong: Thank you. Questions for staff?. If none I will open the public hearing,
as people that would like to comment on this, come forward. Please state your name and
address for the record. If there's no one then I'll close the public hearing and bring it
back to council for discussion. Any discussion on this issue?
Councilman Peterson: Motion to approve.
City Council Meeting - June 28, 2004
Mayor Furlong: Is there a second?
Councilman Lundquist: Second.
Mayor Furlong: Any discussion on the motion?
Councilman Peterson moved, Councilman Lundquist seconded to approve an on-
sale beer and wine license for Deloias, Inc. dba Frankie's Pizza, Pasta & Ribs at
7850 Market Boulevard contingent upon receipt of the license fee and liquor liability
insurance. All voted in favor and the motion carried unanimously with a vote of 4
to 0.
REOUEST FOR AMENDMENT TO CITY CODE TO REZONE FROM RSF TO
PUD-MIXED FOR PROPERTY LOCATED ON THE SE INTERSECTION OF
THE FUTURE ALIGNMENT OF HIGHWAYS 212/101 AND NORTH OF
LYMAN BOULEVARD, SOUTHWEST METRO TRANSIT, PLANNING CASE
NO. 04-18.
Public Present:
Name Address
Kyle Williams
Len Simich
Aravind Guttemukkula
Bob Worthington
250 3rd Avenue No., Minneapolis
Southwest Metro Transit
Benshoof& Associates, Hopkins
Southwest Metro Transit
Kate Aanenson: Thank you. As you indicated, this is a rezoning request of property that
is located on the future new 101 adjacent to the proposed 212 and existing Lyman
Boulevard. The site is 8.3 acres. This action does require the super majority of the
council so it would be 4 votes of the council to rezone. It is currently zoned residential
single family and to rezone it to commercial does take the 4/5 majority. Planning
Commission and the staff is recommending approval of this application. The Planning
Commission held a public hearing on this item on June lst and did recommend 5 to 0 to
approve the proposed recommendation. This project is being advanced now based on the
fact that the new 212 is moving forward and the staff feels that in working with
Southwest Metro and with 212 being under construction, that the timing on this is the
appropriate to work through the rezoning at this time. While the site is zoned RSF, it has
been asked by the neighbors why is it being, you know why can't it stay RSF. It is
guided as mixed use for the official control on that is not consistent with the land use.
Proposed land use. There are other official controls that could be selected for the zoning
on this piece of property. Again that would be residential, up to 16 units an acre, or
neighborhood business. So in looking at this plan, because Southwest Metro was the
applicant, again which is consistent with the land uses, or zoning in there, we felt it'd be
appropriate to work through the design issues on the site. In conjunction with that,
originally when this site was looked at, the only access to the site was off of Lyman
10
City Council Meeting - June 28, 2004
Boulevard. The staff was concerned about that, as was Southwest Metro so again it, the
timing of working through the site plan issues was appropriate. A little history on how
Southwest Metro got this site. Again, back in 1986 we formed Southwest Metro, the City
of Chanhassen, Chaska and Eden Prairie. Southwest Metro did a study of facilities, long
term facilities. A site was indicated as needed in this area as 212 was being advanced.
The land use plan, as ! indicated, was mixed use so there are other zonings that could
come into place. Because Southwest Metro is driving the project we wanted to work with
the neighbors. One, working with MnDot. Provide other access to make it more
acceptable for traffic circulation. Resolving some access issues, and also give the
neighbors assurance of what ultimately this would look like because timing with the 212
re-build is certainly critical to this site as Southwest Metro...working with MnDot. So
knowing that there was concerns from the neighbors as we heard during the 212 process,
the staff facilitated with Southwest Metro some neighborhood meetings back on February
18th was our first meeting. A series of 3. Again we set up a web site and took in a lot of
questions and tried to work through each of those questions. Our next meeting, the first
meeting focused on kind of why we were pursuing this process and we had a second
meeting on March 31st dealing with alternative designs, and then ultimately on April 21st
where we gave the preferred layout. Again the goal of this was to do a PUD which
would limit the uses that could be on the site, and also come up with some architectural
standards. Again, trying to create a good neighborhood use. Again as we indicated, one
of the concerns that staff had, as did Southwest Metro, originally MnDot gave the only
access to the site here because Southwest Metro was the lead agency on this, the park and
ride certainly was a component that MnDot wanted to have on the project. We were able
to secure the access point here off of 101 where the buses and the majority of the traffic
would be coming into the site. And that certainly was a goal with us again trying to be a
good neighbor. Just kind of going through some of the summary points. The site plan,
the design itself, where the green area is, this is a 50 foot buffer, 100 foot buffer. This
would be a residential use. Commercial use and the park and ride itself. Pushed back, up
against the slip off lane. Ultimately this was the site design. Can you zoom in a little bit?
Thank you. Site design itself. As we worked through the different issues with Southwest
Metro and listening to the neighbors, Phase I, environmental analysis was done and
another environmental assessment looking at noise and air quality and also a traffic study,
and we went through with the neighborhood meetings, kind of knocking off the concerns
that were with that, and ! think working with MnDot and creativity of the team that
Southwest Metro put together, ended up with a really good design and buffer treatment
and that is reflected not only with the design of the building but the circulation. Here is
how it works. The bus movement without even coming down onto 101. Slipping onto
the lane of 212. Actually slipping back onto the access...some of the neighbors. Again
there is residential on the site. This would be the circulation of the bus movement in the
afternoon. There will be some residential but looking into the site, as ! indicated, putting
together the PUD, there is some apartments that are adjacent to the neighbors. Again
we'll put together architectural standards there creating the buffer and then commercial
inbetween so there will be access into the site. And the goal there based on visual cuing
for cars that try to steer most of the cars to come off of 101 except for the people that are
living on the apartments. They could get access via Lyman Boulevard. Again working
with the design team that Southwest Metro put together, character of the station itself.
11
City Council Meeting - June 28, 2004
The decking. Putting the first underground parking facility half under ground, reducing
the height and the bulk. ! think the visual impacts on the neighbors on the south side of
Lyman should be pretty limited. As a matter of fact ! think it'd be very difficult to see it
based on the issues that are in front of that. So again the goal that we were trying to
achieve, because this will not be built for a couple years, is to gain assurances from the
neighbors of how it will look like and the treatment that will occur. Again, just to be
clear when this project does advance that it does have to come back for site plan review,
so each project again will hold a specific public hearing and they will be held against the
standards that are adopted in the PUD, and that's what we're recommending for your
approval. ! can go through the specific PUD itself but unless there's questions, I'd be
happy to answer those but again limiting the uses as ! went through. The height, the bulk,
the treatment, landscaping, buffering, those were all addressed. Again the architectural
standards, so the goal again was to represent approximately how it's going to look and
then hold those hearings as it moves forward in the next couple years. So with that we
are recommending approval of the PUD and the rezoning as stated in the staff report and
I'd be happy to answer any questions that you'd have.
Mayor Furlong: Thank you. Questions for staff. There's one point of clarification. This
came up at the Planning Commission, was assurances, if you will, that what we're talking
about tonight and seeing tonight in terms of the plan layout and maybe not the pictures or
the schematics but the plan layout. How are we as a city comfortable that what we're
talking about tonight is what's going to be there a few years down the road?
Kate Aanenson: Well again with the PUD this is the standards put in place. Where it can
be located. It does state the park and ride has to be here and actually as it turned out the
best access for them works onto that north side and that's really again the beauty of
working with someone that owns the entire piece. Putting the park and ride furthest to
the north. Taking better use of the access. Is there some flexibility in here? Yes, and we
want to make sure that it's not going to, the buildings may not look exactly like that but if
they looked a little bit different but still met the design of the pitched roof, the other
things that they have. The quality of materials, that they still met those standards and that
was the goal that we're trying to say. It's hard to predict the market but we wanted
something that's very similar and that was the goal, but not to say it's going to look
exactly like this.
Mayor Furlong: Right. ! think one of the major concerns that ! heard was traffic flow,
and ! think initially when this concept started before that first public hearing ! think you
mentioned buses would be driving on Lyman Boulevard. That's no longer the case. In
fact all of it's going to be on the north side coming off of 101 or the slip lanes so. And
the PUD, the contract essentially that we're entering into. Make sure that that's what
happens.
Kate Aanenson: Right. And again ! just wanted to, that's a good point, and just to
reiterate the fact that Southwest Metro was working with MnDot. If it was just a regular
development deal, I'm not sure we would get the same, because we didn't want to give
the access off of 101. That was too close to some of the staging areas but because it was
12
City Council Meeting - June 28, 2004
transit and buses we actually end up with a really good design for the neighbors. Much
more successful than if it could have been just straight, all business. I'm not sure that we
would have gotten that access off of 101.
Mayor Furlong: Good to hear. Thank you. Any other questions? For staff. If not, ! see
Mr. Simich is here. The Executive Director of Southwest Metro Transit. Would you like
to say a few words?
Len Simich: Sure. Mayor, members of the council. First of all thank you for this
opportunity to be here this evening and to partner with the city on what ! believe is going
to be a wonderful project. Everyone involved in this project, including the neighborhood
groups have worked extremely hard over the past 6 months to bring this project forward
and to really construct what ! believe will be a quality project. Six months ago ! didn't
think I'd be here this evening this quickly, but with everybody's commitments, diligence
and a little compromise from everyone involved, ! think we have a plan that we can all be
proud of once it's completed. ! think we all understand how this city and points west are
going to be impacted over the next 10 to 20 years and while this anticipated growth is
going to cause some challenges, ! think it also provides us with some great opportunities,
especially with the construction of the new Highway 212 and the project that we're
proposing this evening. As you heard, our project is a mixed use transit oriented
development. The entire concept has been designed around and influenced by transit
services and our transit station. All uses within the project will be integrated by a series
of pedestrian walkways and a commitment to scale and quality architecture will create a
unique character that refines and blends the most positive facets of suburban life with the
character, warmth and vitality of an urban town. We anticipate the number of benefits
derived from the project to be many. For us it will be another revenue stream that's
going to be increased passengers. It's going to allow us to provide a much better system
of service to the City of Chanhassen. The City also will benefit from efficient land use,
from improved services, increased tax base and increased property values. Our plan is to
create the kind of place not only to effectively provide our service but we want to create a
place where people can gather, live and raise their families, all in one location. Thanks
again for this opportunity and ! will, I'd welcome any questions you may have about the
project.
Mayor Furlong: Thank you. Any questions? No? Very good, thank you. ! see Mr.
Sacchet is going the opposite way ! am. Chair of our Planning Commission. Is there
anything you'd like to add from a Planning Commission standpoint that we haven't heard
or seen in the packet.
Uli Sacchet: ! don't think there is much to add...
Mayor Furlong: Okay, thank you. Very good. With that I'll bring it back to council for
discussion.
Councilman Peterson: ! have to agree with... ! think it was about compromise and it was
about passion to do the right thing and we came a long way. ! think that's to be
13
City Council Meeting - June 28, 2004
commended. Everybody involved. Citizens and staff and Southwest Metro's staff have a
better product than what we came in with, which is always good to have so great to have
it.
Mayor Furlong: Okay, good. Any other thoughts?
Councilman Ayotte: Everything's been said. I'm ready to go.
Mayor Furlong: Well everything except what I'm going to say.
Councilman Ayotte: Indigo.
Mayor Furlong: No, and ! just want to piggy back on Councilman Peterson's comments
and to commend Len and his group and Kate and especially Sharmeen A1-Jaff on our
staff. ! asked for earlier today, asked for the approximate number of people that came to
the three meetings and the first meeting in February there were about 50 residents there.
The second meeting there were 75. By the third meeting there were 15 and 2 people
spoke at the public hearing that was held at the Planning Commission. And while this
may not be a perfect project in everyone's eyes, ! think it, personally ! think it's an
excellent project but ultimately what that tells me is that people were listening and
working with each other. There was no heavy handedness here. My way or the highway,
no pun intended. And that's why this project works and that's why this will be ! believe
a great asset to our city, so ! thank everybody that was involved in that process, especially
the residents that came forward and took time away from their families to come out to
those meetings. To ask the questions. To demand good answers, and to really, as
Councilman Peterson said, come up with a better project and ultimate result than perhaps
what we would have had otherwise so, now everything's been said that needs to be said.
Todd Gerhardt: Well almost. I've got to throw a few words in... I want to thank my
staff, Southwest Metro, the neighborhood, but the key thing ! think everybody talked
about was the process and the process really worked here. Everybody got educated and
learned from it and will continue to use this process as we work through other difficult
situations in the community and ! thank everybody for being involved.
Mayor Furlong: Thank you. Well said. Is there anything else that needs to be said?
Okay. Very good. If there is no discussion, our motion starts on page what? Usually !
have that marked.
Kate Aanenson: It's on page 11.
Mayor Furlong: 11.
Kate Aanenson: Right under recommendations.
Mayor Furlong: Thank you. Is there a single motion here or are there two?
14
City Council Meeting - June 28, 2004
Kate Aanenson: Yes there is.
Mayor Furlong: A single motion for the rezoning and the PUD?
Kate Aanenson: Okay, thank you. Would somebody like to say the motion?
Councilman Peterson: Mr. Mayor I'd recommend the City Council approve rezoning the
property located at the southeast intersection of the future alignment of Highway 212/101
and north of Lyman Boulevard with an approximate area of 8.5 acres from Residential
Single Family to Planned Unit Development-Mixed Use incorporating the following
design standards, a through 1.
Mayor Furlong: On page 19. Thank you. Is there a second?
Councilman Lundquist: Second.
Mayor Furlong: Is there any discussion on the motion?
Councilman Peterson moved, Councilman Lundquist seconded that the City
Council approve rezoning the property located at the southeast intersection of the
future alignment of Highway 212/101 and north of Lyman Boulevard with an
approximate area of 8.5 acres from Residential Single Family to Planned Unit
Development-Mixed Use incorporating the following design standards:
SOUTHEAST CORNER OF REALIGNED HIGHWAY 101/212
PUD DEVELOPMENT DESIGN STANDARDS
a. Intent
The purpose of this zone is to create a MIXED USE PUD including a TRANSIT
ORIENTED DEVELOPMENT, NEIGHBORHOOD COMMERCIAL AND
RESIDENTIAL. The use of the PUD zone is to allow for more flexible design
standards while creating a higher quality and more sensitive development. Each
structure proposed for development shall proceed through site plan review based on
the development standards outlined below.
b. Permitted Uses
The permitted uses in this zone should be limited to appropriate commercial
and service uses consistent with meeting the daily needs of the
neighborhood and the transit facility users. The uses shall be limited to
those as defined herein. If there is a question as to whether or not a use
meets the definition, the Community Development Director shall make that
interpretation. The type of uses to be provided on these lots shall be low
intensity neighborhood oriented retail and service establishments to meet
15
City Council Meeting - June 28, 2004
daily needs of residents. Commercial and transit uses shall be limited to the
area located north of the access point off of Highway 101. Residential uses
shall be located south of the Highway 101 access.
· Small to medium-sized restaurant-not to exceed 8,000 square feet per
building (no drive-thru windows)
· Office
· Day care
· Neighborhood scale commercial up to 8,000 square feet per building
footprint
· Convenience store without gas pumps
· Specialty retail (Book Store Jewelry, Sporting Goods Sale/Rental, Retail
Sales, Retail Shops, Apparel Sales, etc.)
· Personal Services (an establishment or place of business primarily engaged
in providing individual services generally related to personal needs, such as
a Tailor Shop, Shoe Repair, Self-Service Laundry, Laundry Pick-up Station,
Dry Cleaning, Dance Studios, etc).
· Park and Ride not to exceed 800 spaces.
· Residential High Density (8-16 units per acre).
c. Prohibited Ancillary Uses
· Drive-thru Windows
· Outdoor storage and display of merchandise
d. Setbacks
The PUD ordinance requires setbacks from roadways and exterior property lines. The
following table displays those setbacks.
Boundary
Lyman Boulevard
Highway 101
Highway 212 excluding transit shelters and ramps
Easterly Project Property Line
Internal Project property lines
Hard Surface Coverage
Commercial and Transit Facility Hard Surface Coverage
Maximum Residential Building/Structure Height
Maximum Commercial Building/Structure Height
Maximum Park and Ride Ramp excluding the elevator shaft
Building and Parking
Setback
50 feet
35 feet north of the
Highway 101 access
and 50 feet south of the
101 access
50 feet
100 Feet
0 Feet
50%
70 %
35 or 3 stories,
whichever is less
1 stow
25 or 3 stories,
16
City Council Meeting - June 28, 2004
Boundary
and stair well
Building and Parking
Setback
whichever is less
e. Non Residential Building Materials and Design
The PUD requires that the development demonstrate a higher quality of
architectural standards and site design. The intent is to create a neighborhood
and transit friendly development.
All materials shall be of high quality and durable. Major exterior surfaces of all
walls shall be face brick, stone, glass, stucco, architecturally treated concrete,
cast in place panels, decorative block, or cedar siding. Color shall be introduced
through colored block or panels and not painted block or brick. Bright, long,
continuous bands are prohibited.
3. Block shall have a weathered face or be polished, fluted, or broken face.
Exposed cement ("cinder") blocks shall be prohibited.
Metal siding, gray concrete, curtain walls and similar materials will not be
approved except as support material to one of the above materials, or as trim or
as HVAC screen, and may not exceed more than 25 percent of a wall area.
5. All accessory structures shall be designed to be compatible with the primary
structure.
All roof mounted equipment shall be screened by walls of compatible appearing
material. Wood screen fences are prohibited. All exterior process machinery,
tanks, etc., are to be fully screened by compatible materials. All mechanical
equipment shall be screened with material compatible to the building.
The buildings shall have varied and interesting detailing. The use of large
unadorned, concrete panels and concrete block, or a solid wall unrelieved by
architectural detailing, such as change in materials, change in color,
fenestrations, or other significant visual relief provided in a manner or at
intervals in keeping with the size, mass, and scale of the wall and its views
from public ways shall be prohibited. Acceptable materials will incorporate
textured surfaces, exposed aggregate and/or other patterning. All walls shall
be given added architectural interest through building design or appropriate
landscaping.
8. There shall not be underdeveloped backsides of buildings. All elevations shall
receive nearly equal treatment and visual qualities.
9. The materials and colors used for each building shall be selected in context
with the adjacent building and provide for a harmonious integration with
17
City Council Meeting - June 28, 2004
them. Extreme variations between buildings in terms of overall appearance,
bulk and height, setbacks and colors shall be prohibited.
f. Residential Standards
Building exterior material shall be a combination of fiber-cement siding, vinyl
siding, stucco, or brick with support materials such as cedar shakes, brick and
stone or approved equivalent materials as determined by the city.
2. Each unit shall utilize accent architectural features such as arched louvers,
dormers, etc.
3. All units shall have access onto an interior private street.
4. All mechanical equipment shall be screened with material compatible to the
building or landscaping.
5. A design palette shall be approved for the entire project. The palette shall
include colors for siding, shakes, shutters, shingles, brick and stone.
6. All foundation walls shall be screened by landscaping or retaining walls.
g. Site Landscaping and Screening
The intent of this section is to improve the appearance of vehicular use areas and
property abutting public rights-of-way; to require buffering between different land
uses; and to protect, preserve and promote the aesthetic appeal, character and
value of the surrounding neighborhoods; to promote public health and safety
through the reduction of noise pollution, air pollution, visual pollution and glare.
The landscaping standards shall provide for screening for visual impacts
associated with a given use, including but not limited to, truck loading areas,
trash storage, parking lots, Large unadorned building massing, etc.
2. Each lot for development shall submit a separate landscaping plan as a part of
the site plan review process.
All open spaces and non-parking lot surfaces, except for plaza areas, shall be
landscaped, rockscaped, or covered with plantings and/or lawn material. Tree
wells shall be included in pedestrian areas and plazas.
Undulating berms, north of Lyman Boulevard and east of Highway 101 shall be
sodded or seeded at the conclusion of grading and utility construction. The
required buffer landscaping may be installed where it is deemed necessary to
screen any proposed development. All required boulevard landscaping shall be
sodded.
18
City Council Meeting - June 28, 2004
ho
5. Loading areas shall be screened from public right-of-ways. Wing walls may be
required where deemed appropriate.
6. Native species shall be incorporated into site landscaping, whenever possible.
Street Furnishings
Benches, kiosks, trash receptacles, planters and other street furnishings should be
of design and materials consistent with the character of the area. Wherever
possible, street furnishings should be consolidated to avoid visual clutter and
facilitate pedestrian movement.
Signage
The intent of this section is to establish an effective means of communication in
the development, maintain and enhance the aesthetic environment and the
business's ability to attract sources of economic development and growth, to
improve pedestrian and traffic safety, to minimize the possible adverse effect of
signs on nearby public and private property, and to enable the fair and consistent
enforcement of these sign regulations. It is the intent of this section, to promote
the health, safety, general welfare, aesthetics, and image of the community by
regulating signs that are intended to communicate to the public, and to use signs
which meet the city's goals:
a. Establish standards which permit businesses a reasonable and equitable
opportunity to advertise their name and service;
Preserve and promote civic beauty, and prohibit signs which detract from this
objective because of size, shape, height, location, condition, cluttering or
illumination;
c. Ensure that signs do not create safety hazards;
Ensure that signs are designed, constructed, installed and maintained in a
manner that does not adversely impact public safety or unduly distract
motorists;
e. Preserve and protect property values;
f. Ensure signs that are in proportion to the scale of, and are architecturally
compatible with, the principal structures;
g. Limit temporary commercial signs and advertising displays which provide an
opportunity for grand opening and occasional sales events while restricting
19
City Council Meeting - June 28, 2004
signs which create continuous visual clutter and hazards at public right-of-way
intersections.
i. 1.
Project Identification Si~n:
One project identification sign shall be permitted for the development at the
entrance off of Highway 101. Project identification signs shall not exceed 80
square feet in sign display area nor be greater than eight feet in height. The
sign shall be setback a minimum of 10 feet from the property line.
io2o
Monument Si~n:
One monument sign shall be permitted at the entrance to the development off
of Lyman Boulevard. This sign shall not exceed 24 square feet in sign display
area nor be greater than five feet in height. The sign shall be setback a
minimum of 10 feet from the property line.
io3o
Wall Signs:
The location of letters and logos shall be restricted to the approved
building sign bands, the tops of which shall not extend greater than 20 feet
above the ground. The letters and logos shall be restricted to a maximum of
30 inches in height. All individual letters and logos comprising each sign
shall be constructed of wood, metal, or translucent facing.
b. Illuminated signs that can be viewed from neighborhoods outside the PUD
site, are prohibited.
Tenant signage shall consist of store identification only. Copy is restricted
to the tenant's proper name and major product or service offered.
Corporate logos, emblems and similar identifying devices are permitted
provided they are confined within the signage band and do not occupy
more than 15% of the sign area unless the logo is the sign.
io4o
Festive Fla~s/Banners
a. Flags and banners shall be permitted on approved standards attached to the
building facade and on standards attached to pedestrian area lighting.
b. Flags and banners shall be constructed of fabric or vinyl.
c. Banners shall not contain advertising for individual users, businesses,
services, or products.
d. Flags and banners shall project from buildings a maximum of two feet.
20
City Council Meeting - June 28, 2004
i.6
io7o
e. Flags and banners shall have a maximum area of 10 square feet.
f. Flags and banners which are torn or excessively worn shall be removed at
the request of the city.
Buildin~ Directory
a. In multi-tenant buildings, one building directory sign may be permitted.
The directory sign shall not exceed eight square feet.
Directional Signs
On-premises signs shall not be larger than four (4) square feet. The
maximum height of the sign shall not exceed five (5) feet from the ground.
The placement of directional signs on the property shall be so located such
that the sign does not adversely affect adjacent properties (including site
lines or confusion of adjoining ingress or egress) or the general
appearance of the site from public rights-of-way. No more than four (4)
signs shall be allowed per lot. The city council may allow additional signs
in situations where access is confusing or traffic safety could be
jeopardized.
Off-premises signs shall be allowed only in situations where access is
confusing and traffic safety could be jeopardized or traffic could be
inappropriately routed through residential streets. The size of the sign shall
be no larger than what is needed to effectively view the sign from the
roadway and shall be approved by the city council.
c. Bench signs are prohibited except at transit stops as authorized by the
local transit authority.
Signs and Graphics. Wherever possible, traffic control, directional and
other public signs should be consolidated and grouped with other street
fixtures and furnishings to reduce visual clutter and to facilitate vehicular
and pedestrian movement. A system of directional signs should also be
established to direct traffic within the commercial area and away from
residential areas.
Prohibited Signs:
· Individual lots are not permitted low profile ground business sign.
· Pylon signs are prohibited.
· Back lit awnings are prohibited.
· Window Signs are prohibited except for company logo/symbol and not the
name. Such logo shall not exceed 10% of a window area
· Menu Signs are prohibited.
21
City Council Meeting - June 28, 2004
J.g.
Si~n Design and oermit requirements:
The sign treatment is an element of the architecture and thus should reflect
the quality of the development. The signs should be consistent in color,
size, and material and height throughout the development. A common
theme will be introduced at the development's entrance monument and
will be used throughout.
b. All signs require a separate sign permit.
Wall business signs shall comply with the city's sign ordinance for the
Neighborhood business district for determination of maximum sign area.
Wall signs may be permitted on the "street" front and primary parking lot
front of each building.
Lighting
Lighting for the interior of the development shall be consistent throughout the
development. High pressure sodium vapor lamps with decorative natural
colored pole shall be used throughout the development parking lot area for
lighting. Decorative, pedestrian scale lighting shall be used in plaza and
sidewalk areas and may be used in parking lot areas.
Light fixtures should be kept to a pedestrian scale (12 to 18 feet). Street
light fixtures should accommodate vertical banners for use in identifying
the commercial area. The fixtures shall conform with (Figure 36 -
Chanhassen Lighting Unit Design).
* Aufit/Ue Street L-~ I~-.
Modd CP 12/I~A~K
12 Ft Ht
10 Inch lk~
Ri, me 36 - Chaabsss~ Ligh_ii-~. Unit
41
22
City Council Meeting - June 28, 2004
All light fixtures shall be shielded. Light level for site lighting shall be no
more than 1/2 candle at the project perimeter property line. This does not
apply to street lighting.
Lighting for parking areas shall minimize the use of lights on pole standards
in the parking area. Rather, emphasis should be placed on building lights
and poles located in close proximity to buildings.
Non Residential Parking
Parking shall be provided based on the shared use of parking areas
whenever possible. Cross access easements and the joint use of parking
facilities shall be protected by a recorded instrument acceptable to the city.
The development shall be treated as an integrated shopping center and
provide a minimum of one space per 200 square feet of commercial/retail
area. The office/personal service component shall be treated as an
integrated office building and provide 4.5 space per 1,000 square feet for
the first 49,999 square feet, four per thousand square feet for the second
50,000 square feet, and 3.5 per thousand square feet thereafter.
Residential Parking shall comply with city code requirements.
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
CONSIDER CONCEPT PLANNED UNIT DEVELOPMENT FOR ADVANCE
FITNESS, PLANNING CASE NO. 04-14.
Public Present:
Name Address
Robert Borsclair
Liv Horneland
Mike Johnson
Adrian Haid
Sam Sabean
8804 Knollwood Drive, Eden Prairie
8804 Knollwood Drive, Eden Prairie
Bridge Lending Group
7206 Stewart Drive
14298 Golf View Drive
Kate Aanenson: Thank you. Advance Fitness is requesting conceptual approval to
develop approximately 22 acres to develop a health fitness club, restaurant, bank, office
and a hotel. The site is zoned A2 and is guided for industrial office park. Some of the
uses that are on this district is why they're asking for a PUD is that they would not be
consistent with the industrial office park. This is a rezoning request and it does require,
under the conceptual, we're doing a conceptual PUD. That does require a 4/5 vote.
Whereas tonight it would require all 4. The Planning Commission did hold a public
hearing on this application on April 22nd and did recommend approval. Since it went to
23
City Council Meeting - June 28, 2004
the Planning Commission the applicant was pursuing maybe tightening up some things.
Reviewing kind of some of the direction, but ultimately the plan that was presented to the
Planning Commission is the plan that you'll be seeing tonight. Again access to this site
would be via Coulter Boulevard. There will be a road that ties back up to State Highway
5. On the other, there is a creek that's bounded on the west side of the subject site, and I
can put this up here. It might give a little bit better. Can you zoom out of that a little bit
Nann. Again, Galpin Boulevard here. Bluff Creek Elementary. This is the existing
church. This is the townhouse office buildings that you just recently approved, so this is
a 22 acre site. This property is held under one ownership, similarly combined with this
and that is also 1OP. lOP so it's industrial all the way down the strip except for the
school use there. This is all industrial along that side. So when the application came in,
and looking at a fitness center, and looking at why the applicant would want to put some
other uses with it, and looking at a PUD because the applicant was looking at some
restaurant or some ancillary uses that may not be permitted in a regular zone. The staff
contemplated that with the health club, and you had such kind of a regional draw, maybe
there might be some support uses or ancillary uses that would feed into that and at that
time had recommended that that may make some sense. We did have some concerns
with the fast food restaurant. Again having a strip along the highway flies in the face of
the Highway 5 corridor study, and there is some pressure along Highway 5 to do some
other types of commercial uses which we're always keeping in mind, so we were trying
to tie it back to something in, and the fact that we didn't have a health club and maybe if
you could combine some trips, because that was more a regional draw, that may make
some sense. So conceptually the staff had recommended approval on that. So this would
be the proposed layout. As I indicated, this is called McGlynn's Road on this side which
ties all the way across. And this is Coulter and this road would come up and have access
onto Highway 5. One of the concerns that was addressed was limiting the access point
on Coulter, coming off of this road having access coming off of this proposed north/south
road. And then looking at the uses and how they orient towards the creek itself and the
setback and trip generation and that sort of thing. Again if this project was to proceed
under concept, there is no legal standing under concept but obviously the direction or the
goal here is to give clear direction of which way they should proceed. Again further
actions that would be required if this project was to proceed with a conceptual review,
they would have to come back and subdivide and as a part of subdivide they'd have to
provide all the storm water and roads. Dedication. All those things have to start for
development. It also requires site plan review for specific projects, again looking at the
architecture. Consistency with the Highway 5 and then formalizing the rezoning, again
so what we're doing today is trying to give some clear direction. Included in your packet,
starting on page 4 we listed all the uses that are permitted in conditional in the lOP
district so you kind of get a read of putting the PUD list together, the goal then is to kind
of give a short list of things. Giving up flexibility. That some things may or may not
happen but again give some things that seem palatable or work or ancillary that would
fall within that, so the things that are taken out would be things that again if this was to
advance and there's things that what they wanted, and there's maybe some things that the
City may think is less desirable so we kind of shortened that list and gave a
recommendation, and that's again what the Planning Commission reviewed and they
added some specific recommendations. For example if they had snack food service with
24
City Council Meeting - June 28, 2004
the health club itself. And then we spent some time with the Planning Commission
discussing the free standing restaurant and not fast food and the size of that should be,
what could be square footage again. Kind of looking at what we have at Chipotle/Buffalo
Wild Wings or the one that was recently approved for the two restaurants that would be
across on Century. Kind of what would be an appropriate scale and the quality of what
would be for, wasn't fast food. So that's how that 7,000 came in. And then again the
bank, we know there's banks looking. Again, trying to, looking at scale that we wouldn't
have a small bank but similar to what we did on Market Street Station where we put the
bank integrated to office building so it had a bigger footprint pad. So that was the
recommendation there that it might be integrated into a bigger building, and again some
of the things that they're looking for direction on. So again the Planning Commission
and the staff did recommend approval. Again, the concern would be if the health club
were not to go forward, would these be the appropriate uses with a mix, again because the
goal there was because that was kind of the lead and these would be things that would be
compliment to that specific use, so ! just wanted to mention that again. So with that, the
recommendation for approval would be starting on page 6. So I'd be happy to answer
any questions that you have.
Mayor Furlong: Thank you. Questions for staff.
Councilman Ayotte: Yeah, if you don't mind Mayor. On the water park area, ! don't see
much reference to the water park area in the material.
Kate Aanenson: Sure, ! think that's a good question. Again this is conceptual and at this
point the conceptual's really kind of just give an overall footprint, kind of tie down some
of the uses. The goal is not to spend a lot of money and time in tying down those sort of
things. Get a read from you what direction, what concerns you may have so.
Councilman Ayotte: The concerns that ! have are the recent pieces of information
leaking out on the safety of these sorts of applications. There's been a number of
children that have drown because the precautionary measures at the front end were not
taken in the plans and specs. There are automatic shut off' s that when a child's stuck into
the suction that the system shuts down. They're out on the market but they're not
required by many city ordinances and so forth. I'm just wondering that could be at the
front end looked at with a little bit a keen eye.
Kate Aanenson: Sure, so noted. If this was to advance and that was an element that they,
! think they put water park. It may or may not be an element but if it was to go forward,
certainly that would be noted as an issue.
Mayor Furlong: Other questions? Kate, access to the property. I'm looking at ! think
the page that you have up there right now. The conditions, just for clarification. The
conditions are different than what we're looking at here.
Kate Aanenson: That's correct.
25
City Council Meeting - June 28, 2004
Mayor Furlong: And if I understand the eastern access off the proposed north/south road
into the bank, it's proposed not to be available.
Kate Aanenson: Correct. The engineering department was recommending that we not
have access on, additional access onto Coulter, and then also because of the shorten
distance onto Highway 5, that that access be off of this street.
Mayor Furlong: Okay. And ! don't know if this is a question for the applicant. ! assume
that one of these arrows would access the hotel property or would that access through?
Kate Aanenson: Right, and ! think as a part of that, if this was to further evolve, we'd
like to do cross access agreements, correct.
Mayor Furlong: Across all.
Kate Aanenson: Yeah, and shared parking. We always try to look at those opportunities.
How that works.
Mayor Furlong: Okay. Alright, thank you.
Councilman Peterson: ...traffic study...at times with intense use more in the evening.
Did we address that or is it too early to do that then?
Kate Aanenson: Well ! think that would be a recommendation that, engineering may
have put that in there, that we look at, ! think the critical thing is peak hours for the, and
that's what we talked about with this site too. If you have peak evening hours for the
health club, would that offset some of the office use. Or if you have too many restaurants
there and that may be more evening. So ! think what we look at as part of the next
evolution, certainly that' s a good point would be peak, and just turn movements.
Mayor Furlong: Any other questions for staff?. Is the applicant here this evening?
Would you like to address the council.
Mike Johnson: Mayor and City Councilmen, thanks for taking time for us tonight. I'm
representing Advance Fitness, along with our development group. Tonight we are.
Mayor Furlong: Excuse me, if you could just state your name and address for the record.
Mike Johnson: Oh, Mike Johnson and I'm with the Bridge Lending Group out of
Bloomington, Minnesota.
Mayor Furlong: Thank you.
Mike Johnson: In representing Advance Fitness tonight, we're looking to purchase 22
acres of land. Again on Arboretum Road, just down from Audubon. Or Arboretum
Boulevard from southwest of Audubon Road. The site itself will include about 13 acres
26
City Council Meeting - June 28, 2004
for the club. It's going to be geared towards a family oriented programs blended with, to
the community designs and trails. That's why this site is so unique that it has the creek
available for us to use. In addition to that, the club itself would be about 112,000 to
120,000 square feet. In the other 8 acres we are looking at to do an upscale restaurant or
office space, along with a bank. And as the Planning Director indicated, we're looking at
ancillary services and businesses that blend in with the community and with the fitness
club, because the fitness club is the reason we're here. Tonight I have Adrian Haid with
me who is the founder of Advance Fitness. He will explain basically what the club will
have. We also have Sam Sabean who's our marketing analysis and will explain the little
differences of why our club is so unique compared to what is now on the market. So at
this point I'd like to introduce Adrian.
Adrian Haid: Gentlemen, good evening. My name is Adrian Haid and I'm representing
Advance Fitness. We looked at this site to develop, as Mr. Johnson said, a 112,000 to
120,000 square foot of wellness and fitness center. It is not only fitness center that you
can come in and be building and we put a bunch of equipment in there. So basically you
come in and spend an hour. We try to develop a center that families basically can come
in and spend time. It becomes basically a mini country club for the families. The things
that we're trying to do in this Advance Fitness center is that the traditional clubs did not
consider is the areas that pre-teens have no place to go when it comes to fitness and
wellness and overall education of wellness. So we developed an area that ages 6 to 14
can come to the club, get educated. Entertain themselves and get familiar with the
wellness. That traditionally other clubs in Minnesota or other markets have ignored.
Figure if you have a child that is 6 years old and you want to go to a wellness center, and
this child doesn't want to go to daycare center. He's too old. And they can't go to a coed
department so we developed areas that they can come in and work out. The other areas
that we emphasize is for the people who are basically over weight. They want to look
good. They want to feel good but they don't want to go into the coed departments. They
don't feel like working with the people who are 140-150 pounds, so we develop another
department that is totally excluded from the coed departments that they can come and
become very comfortable to work out and go home and feel good. As a part of other
departments that we have is the areas, the swimming pool that we are trying to
accommodate. The school district, whether they have any uses or we can provide
facilities for either the swimming team, diving team or basketball because we do have
NBA size basketball court in this center, and I am in touch with Mr. Steve Pumper to
develop some programs for the school district to accommodate them in this center. So
overall we're trying to develop a center that is actually cutting edge. Is just basically the
best equipment, the best programs possible that traditionally has not been offered.
Cutting edge technology. There are many programs throughout the day, all week long.
24 hours, 7 days. So I think that the community of Chanhassen really deserves a center
that is basically first class and that is what we're trying to develop on this site. And I'd
be more than happy to answer any questions.
Mayor Furlong: Any questions? Sounds good. Thank you.
Adrian Haid: Thank you.
27
City Council Meeting - June 28, 2004
Sam Sabean: My name is Sam Sabean. I've been in the marketing business for just
about all of my life, and in the fitness business about all of my life. And my life hasn't
got too much more to go. When you get pushing 80 you'd better be in some kind of
shape to get there, and ! remember in the locker room there was a guy that was below me
in the locker and he was struggling and ! said can ! help you. He said oh god, he said
when you get old and 65 he said it's hard. And ! said you know how old ! am? ! said
man I'm in the upper 70's. He said boy wait til you get to 65. Even his hearing went but
! can attest that fitness to Adrian and ! are walking testimonies that fitness for Mayor
Tom and Councilman Bob that it doesn't grow hair but anything below the hair roots it
helps. Our company, Adrian and ! began talking about this a few years ago and although
we, and we belong to the same fitness club. That there had to be something more beyond
just hard bodies and beautiful people. There are a lot of people out there that are
intimidated when they come into an environment of hard bodies and equipment and those
kinds of things. We have to give them a reception that they aren't intimidated and where
they can increase their efficiency of life through fitness, health and wellness. From the
prenatal care to the young kids in grammar school to the high school students. ! just
heard a statistic the other day that just made me shudder. 36 percent of the high school
kids have tried tobacco and are addicted. Those are the kinds of things that we have to
talk to people about, and we have to get the big people involved in it too. And we have to
do it in an environment that is attractive for them to come to, and there's no better
community than this gorgeous community to build a show place and to build a landmark.
! don't know if you folks have seen the drawings of it but it is just magnificent and that
can be, we don't want to refer to it as what Advance Fitness is to fitness as Mayo is to
medicine. But that's kind of in the back of our head. We'd like to have that be an
association. We'd like to bring people in and show them what it really takes to know
about nutrition and wellness and going forward. And just last week ! was at a graduation
and one of the students got up and said something that really stuck with me, and he said it
isn't the road you travel to the road ahead, it's the road within and that's really the road
that we're working on in Advance Fitness. We want to change that road within. We
want to show them something that's really productive that they can use the rest of their
lives. And that's the difference. Our point of difference than any other health club is
health, and wellness and that's our difference and that's what we're up to and ! thank
you.
Mayor Furlong: Thank you. And it's follicly challenged ! think is the technical term.
Commissioner Sacchet, anything from the Planning Commission again on this one that
you want to add that hasn't been addressed from staff?.
Uli Sacchet: My name is Uli Sacchet. I'm with the Planning Commission. There isn't
really that much to be added. ! don't think anything has changed since we reviewed it
with the Planning Commission. You addressed the issue with the access. That was a
major discussion and the other major point were two. The other one was the use. The
balance. Should there be two restaurants? One bank or, and we felt that was something
that is probably more an issue for the market forces than for us to get involved, but that's
basically all. Thank you.
28
City Council Meeting - June 28, 2004
Mayor Furlong: Very good, thank you. With that I'll bring it back to council for
discussion. Comments. Any thoughts? I'm just, because there's nobody here.
Councilman Peterson: Concept plan. ! think that the difference in putting quotation
marks around concept, and the idea which was shared this evening about the concept of
total fitness and advanced fitness or however you want to characterize it, ! think is a
tremendous, unique thing to have within the city. So now it's just a matter of how do we
integrate that into the site that we have in front of us and, so the concept on the surface of
health club aspect of it ! think is wonderful. Now, how do we get it in here appropriate to
the rest of the areas around our city. And ! think that we've, on the surface ! like, I'm
glad that they're not asking for a fast food restaurant. It addresses the citizen's desire to
get more free standing restaurants here, particularly of the higher end side of it was
referenced. At some point in time I'm going to say no to another bank. ! don't know
when that is. It may be this one but you know ! don't get very many calls from residents
but the most of them I've gotten is why are we getting all these banks. Why can't we get
other stuff?. And so ! noted that there were a number of residents that feel that same way
! think some of us feel on the council is that there's got to be an end to the number of
banks. We're going to turn into a little Switzerland here pretty soon ! think. And lastly,
my biggest concern is 112 to 120,000 square foot building. How do we get that looking
good, fitting in in that space. That is a huge building. And my only concern really with it
is can we do it? Can the architects rise to the occasion and make it so it doesn't look like
a big box? ! think they can but ! really want to set the stake in the ground to set it high
for them to reach it and really propose something that is really classy and high character,
as I'm sure that the owners and developers want. Boy, that's just a big building. But !
like it and ! think we should move ahead with approval.
Mayor Furlong: Thank you. Councilman Ayotte.
Councilman Ayotte: ! just want to add to the comments Craig's made. All very, very
good credible points. ! want to restate the concern ! have about the water park area and
not to just look at minimal compliance but maybe take a step beyond minimal compliance
because there have been events, very sad events that have happened recently with water
parks because minimal compliance was met, and they didn't take a step beyond so !
endorse all the points that Craig's made and I'd like the one on safety. That's all ! have
Mayor, thank you.
Mayor Furlong: Thank you. Councilman Lundquist.
Councilman Lundquist: Along with what Councilman Peterson said, as a concept I'm
supportive but believe there's still a lot of work to do here so, but again something that
the community has asked for and I'm looking forward to seeing what the next stages and
the next steps are going to be to get it in there and meet the standards that we have in our
community. So a lot of work to be done but I'm anxious and excited to see it go forward.
29
City Council Meeting - June 28, 2004
Mayor Furlong: Okay. Yeah the, when residents request amenities, fitness center health
club is certainly one of those that comes to the top and ! think this is an opportunity for
that to be realized. ! would agree with Councilman Peterson's comments, and would also
extend ! think the need from the architectural quality to extend out to the other properties.
Other buildings as well on this site. They're right along Highway 5 and what we have
design standards there which ! think are good. ! look at this as an entire concept within
the area, not bits and pieces and so in terms of the ancillary uses, ! think they do
compliment the health club, which is the primary purpose of this site. Somebody going
to a health club may want to do a couple other things at the same time and so there is
compliment there. ! think it works for the site the way they're doing it but ! think there is
going to be challenges to make sure that, as Councilman Peterson said with the size of the
building, that it looks good and it works on the site. There's a lot of detail. Storm water
will be an issue. Traffic will be an issue. And there's a lot of work and study that needs
to be done but ! think overall from a concept standpoint, it's positive and it's one that
would be an attribute to the city so. Any other thoughts on that? If not is there a, ! guess
a question ! would ask of staff. The issue came up, sir. Was there something you wanted
to add or?
Adrian Haid: Yes. We have committed to this project to be absolutely beautiful. From
every aspect. You're talking about the building not to be a box and we have all the
intention to develop that something that is absolutely a landmark. We're working with
KKE Architects, who ! think designed this building and Harvey McVoy, an architect out
of Denver. Perhaps known internationally, one of the best in this business. And we, from
every aspect, the front, the middle, the back, we're absolutely committed to develop a
landscape that once it is built and you're invited, you're basically going to look and say
wow. That is, we guarantee that.
Mayor Furlong: Very good, thank you. Question for you. The issue was raised up by
Councilman Peterson regarding traffic studies. Is that something that would be
appropriate to bring in as an additional condition? I'm assuming by your comments, and
! think that was obviously an issue with the Planning Commission as well.
Kate Aanenson: On number 4, a traffic study will look at turning movements. That was
taken out of condition number 4. It was specifically tied to, I'm on page 7. It said the
easterly access to the proposed office/bank building will not be allowed, and then it says,
but then there was a caveat that said but based on MnDot and further review. But there
was the second sentence there says the traffic study which looks at turning movements
and functionality and proposed access, ! think you can just make that a broader, for the
entire project and we can step back in.
Mayor Furlong: Because what ! heard was, one was an access off there, which is a
separate issue than the traffic throughout the entire area, especially during the peak hours,
which ! think if Councilman Peterson, ! don't want to speak for you but.
30
City Council Meeting - June 28, 2004
Councilman Peterson: ! would like if the staff believes a traffic study is needed, then !
think we should do one. However, if staff looks at...! don't want to put the developer
through a traffic study if staff doesn't believe we need one. So...
Kate Aanenson: Yeah, ! think you know, we're both saying traffic study but the goal is
to get peak hours. If they're going to be open 24 hours, what's the overlap of uses.
Parking, shared parking. Similar to what we've done, so ! think maybe leaving it as a
traffic study is probably, but the goal is to get information that's appropriate to this
specific project. If you want to take that strike out of that second.
Mayor Furlong: Yeah, ! guess ultimately there are questions with regard to traffic as well
as other issues. Traffic is going to be a big one. So then the question is, what do we
include here or are our comments here tonight sufficient to do this, since we're at a
concept stage. How would you like to handle that?
Kate Aanenson: I think you should put in, if you want to make it a separate condition on
number 13. A traffic study looking at the entire circulation, peak movements. Thank
you.
Paul Oehme: Mayor, City Council members. ! also would like to maybe suggest that we
also look into the level of service for that area. Two of the collector roads, and the local
roadways as well so.
Kate Aanenson: Yeah, that's what ! was going to say too. If we need a signal or some
other traffic control.
Paul Oehme: Or additional signal applications out there.
Kate Aanenson: So it's really pretty much a traffic study.
Mayor Furlong: We just write all that and say pretty much a traffic study. Very good.
Any other issues or discussions? Points of clarification.
Councilman Ayotte: One.
Mayor Furlong: Please.
Councilman Ayotte: And I want to go, move forward on behalf of my fellow councilman
when Mayor didn't reiterate it but ! have concern about the shape of the building, but I'm
worried about the safety of the children so we keep focusing on the aesthetics and you
jumped on that real quick, but I'm worried about the safety of children, and we have had
a lot in the new parks, because of the jet exhaust applications, the new parks. Not the old
parks but the new ones, 5 kids have died. So they've been publicizing it so ! just want to
bring up that point. A lot of buildings are swell, kids are important. Thank you Mayor.
31
City Council Meeting - June 28, 2004
Mayor Furlong: Thank you. Any other items? Discussion. Comments. If not, make a
motion. Recommend a motion begins on page 6. Would anybody like to propose a
motion?
Councilman Lundquist: I would move that City Council approve the Concept PUD with
conditions 1 through 13 as amended. Published and 13 as amended this evening.
Councilman Peterson: Second.
Mayor Furlong: Made and seconded. Is there any discussion on that motion? If not,
hearing none we'll proceed to the vote.
Councilman Lundquist moved, Councilman Peterson seconded that the City
Council approve the Concept PUD #04-14 for Advance Fitness with the following
conditions:
Permitted Uses in the IOP:
· Offices
· Warehouses
· Light Manufacturing
· Health Services
· Printers
· Indoor Health & Recreation Clubs with snack food service
· Recording Studios
· Conference/Convention Center
· Antennas
· Parking Lots & Ramps
· Signs
· Day Care Center
· Outdoor Health & Recreation Clubs
· Research Laboratories
· Hotels & Motels
· Food Processing
· 1 free standing restaurant minimum 7,500 square feet and not fast food
· Bank if integrated into a building of 12,000 square feet or greater
The two proposed streets shall both be public. This will require 60 feet of
dedicated right-of-way for each street. In addition, the east/west street will
require a cul-de-sac turn around per City Detail Plate #5205. The connection of
the north/south street to Highway 5 will require MnDot approval.
Sanitary sewer and water is available to the site from Coulter Boulevard to the
south.
4. The easterly access to the proposed office and bank building will not be allowed.
32
City Council Meeting - June 28, 2004
5. No direct access from any of the proposed lots to Coulter Boulevard will be
allowed.
The applicant will be required to provide storm water NURP ponding within the
development which meets the current City SWMP requirements.
The plan should accommodate storm water ponding (regional ponding where
possible) sufficient to treat the water from all future impervious surfaces on the
21.7 acres to NURP standards.
Staff recommends development of a landscape plan that incorporates native plants
adjacent to the tributary of Bluff Creek along the western property boundary.
Surface water management connection charges are presently $13,200 per acre for
commercial development. These are due payable to the City at the time of final
plat recording.
10.
Prior approval from the Riley-Purgatory-Bluff Creek Watershed District is
required for grading and erosion & sediment control.
11.
The applicant is required to obtain a National Pollutant Discharge Elimination
System (NPDES) Phase I! Construction Permit from the Minnesota Pollution
Control Agency (MPCA).
12. An erosion and sediment control plan is required.
13. The applicant is required to do a traffic study.
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
CONSENT AGENDA:
B. CONSIDER AWARD OF BIDS, SCADA SYSTEM, PHASE I.
Public Present:
Name Address
Kevin Huson
Jim Pettit
Todd Holtz
Randy Roseth
Sheldon Sorensen
16613 Imperial Court, Lakeville
9000 Common Street, Winsted
2490 Brinkhaus Street, Chaska
450 Mission Hill Court
Kaeding and Associates
33
City Council Meeting - June 28, 2004
Councilman Lundquist: My comments, we spent, Councilman Ayotte and I spent a lot of
time with the City Engineer, consultants, the City Manager going through these and while
I believe there's still a lot of work to be done, developing plans and specs and a lot of the
details around our bigger replacement of our existing system, a couple of things that I
want to get out to my fellow council members as well is, I think that, it's my belief that
the staff is going down the right path in addressing a lot of the concerns that have created
the issues that we have now. A couple of things that I'll look for going forward, as I've
spoken to the City Manager and our City Engineer is, I'd still like to, this project is small
enough where I'm comfortable with it but as going forward, we make sure that we ensure
that there's competitive bidding on the software piece. Hardware ! think is specific to
what we're recommending here. The U.S. Filter product. But ! want to make sure that
we're incorporating a competitive bidding into that so that we can make sure that we're
getting the best value for our taxpayers dollars. And also going forward allows us to not
have the proprietary issues that we have with our system now. And also that we put into
those plans and specs the details about a procedure to follow up when we do have work
done in our existing system to make sure that we remove old components, update our
drawings. All of those things that have created the mess that we have now that we're so
far gone it's, we don't have a choice but to start over, so I'm comfortable with this
project as it stands and everything that, all the information I've been given. This system
will tie into our exist to the new one even though we don't have all the plans and specs
developed, this is a relatively simple, small scale, not a lot of stuff going on here with this
one well, but wanted to get those comments out to the rest of the council and to the staff
as well so that in the near future when we see the water treatment piece and the other
bigger, replacement for the rest of our system, that we're looking for those things and that
we get that detail that we need.
Mayor Furlong: Okay, thank you. Any other comments or discussion?
Councilman Peterson: Pretty well agree.
Mayor Furlong: Anything for staff?. Okay. Is there a motion to approve.
Councilman Lundquist: With that ! would move approval.
Mayor Furlong: Thank you. Is there a second?
Councilman Ayotte: Second.
Mayor Furlong: Any discussion on the motion?
Resolution #2004-45: Councilman Lundquist moved, Councilman Ayotte seconded
to approve the award of bids for Phase I of the SCADA System. All voted in favor
and the motion carried unanimously with a vote of 4 to 0.
APPROVE STREET NAME CHANGE OF PAULY DRIVE TO MARKET
STREET, LUR NO. 03-17.
34
City Council Meeting - June 28, 2004
Councilman Lundquist: While this seems like a relatively simple and painless thing,
changing the street name, ! would contest that it's a little bit early for us to do this right
now. I'm sensitive to the developer's here, Market Street wanting the name for their
marketing materials and other things but there's somewhere between 4 and 6 businesses
that will be affected, having the change out their literature. There's effort required on our
staff to change these things and update them and quite frankly where we're at now with
this development, the amount of time it took to approve the purchase order and ! still see
that ugly white building out there. The progress that ! see being made is a sign out front
for rent, and ! guess I'm not convinced yet that we're moving along far enough that ! just
believe it's a little premature for us to be changing street names for a development that in
my eyes doesn't exist yet other than they own the property, so. Not necessarily opposed
to changing the name but let's see some progress. Let's see the building knocked down.
Let's see some things going forward before we go ahead and require a bunch of our
existing businesses and our city staff to be changing the street name.
Mayor Furlong: Okay, thank you. Any other discussions or comments from staff?.
Todd Gerhardt: There's no specific time table that this needs to be approved tonight. If
you'd like to make a motion until the bowling alley, or the old bowling alley building is
tore down, or we could bring it back, either of the two. ! believe they have made some
progress. If you go behind the Dinner Theater, the old cabinet shop has come down.
They have made application for a demolition permit but that could run for a year. Right
now they are looking at having asbestos removed from the building before demolition
can occur. They continue to tell us that they would like to draw a building permit for the
new building to go up in August. So ! don't believe there's any crucial time table on this
item. We could wait until that point if you'd like.
Councilman Ayotte: You say about the time flame Todd.
Todd Gerhardt: Correct. Or until activity takes place. We have talked to the 4 to 6
businesses and they are accepting of the name change so this isn't something we're
forcing down them just because one person requested it. So they are aware.
Mayor Furlong: Okay. Well, ! guess given those comments and your thoughts, would it
be appropriate to table this? Or proceed, ! guess I'll ask for a motion.
Councilman Lundquist: Table for, if we were to table this, it can stay tabled indefinitely
or does that have to come up at our next regular scheduled?
Todd Gerhardt: Depends on your motion.
Tom Scott: You can table or postpone indefinitely or you could actually be a motion to
postpone to a definite date so you could do it either way. Then it would be brought back
with the direction of maybe to staff to bring it back at the appropriate time.
35
City Council Meeting - June 28, 2004
Councilman Lundquist: ! would move that we table this item indefinitely until such time
as we've made significant progress in the development to warrant a moving the street
name change.
Mayor Furlong: Clarification, when you say we determine significant development.
Councilman Lundquist: Until the staff determines significant development.
Mayor Furlong: Okay. It's time to bring it back given our comments, okay. Is that
okay?
Todd Gerhardt: That's fine.
Mayor Furlong: Motion to table has been made, with the instructions. Is there a second
to that motion?
Councilman Peterson: Second.
Mayor Furlong: Motion's been made and seconded.
Councilman Lundquist moved, Councilman Peterson seconded to table the street
name change of Pauly Drive to Market Drive until staff determines significant
progress has been made in the Market Street Station development. All voted in
favor and the motion carried unanimously with a vote of 4 to 0.
Todd Gerhardt: Mayor, before you leave the consent agenda, I just wanted to make a
clarification. Did you pull item (e) from the consent agenda? We'd like to have item (e)
tabled. If you didn't, then we need a motion to reconsider the consent agenda. We're
still working out some language on the Moon Valley re-grading plan. And we would feel
a little more comfortable waiting 2 weeks. We have a meeting set up for tomorrow to
discuss how that process would work, so right now I'm asking for a motion to reconsider
the consent agenda and then a second motion approving the consent agenda a, c, d, f, g,
and h. And that item (e) be tabled to the July 12th meeting.
Mayor Furlong: Okay. I'll make a motion to reconsider the consent agenda approved
earlier this evening.
Councilman Lundquist: Second.
Mayor Furlong: Any discussion?
Mayor Furlong moved, Councilman Lundquist seconded to reconsider approval of
the consent agenda. All voted in favor and the motion carried unanimously with a
vote of 4 to 0.
36
City Council Meeting - June 28, 2004
Mayor Furlong: That motion prevails. At this point I would ask that item (e) be removed
from the consent agenda item for separate discussion. Is there a motion to approve the
consent agenda items 1 (c), (d), (f') and (g).
Councilman Lundquist: What about (a)?
Mayor Furlong: I'm sorry, l(a), (c), (d), (f') and (g). I'll make that motion.
Councilman Lundquist: Second.
Mayor Furlong: (h) has been deleted.
Mayor Furlong moved, Councilman Lundquist 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 June 14, 2004
-City Council Summary & Verbatim Minutes dated June 14, 2004
Receive Commission Minutes:
-Planning Commission Summary & Verbatim Minutes dated June 15, 2004
c. Approval to Close City Streets for 4th of July Parade.
d. Resolution #2004-46: Call for Sale, 2004 Bond Issues.
f. Approval of Request for a Fireworks Display Permit, July 4, 2004 at
Minnewashta Regional Park, Lake Minnewashta Fireworks Committee.
g. Approve Amendment to Development Contract for Burlwood Addition - Project
No. 03-10.
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
Mayor Furlong: At this time I'll consider item l(e) off the consent agenda, and I'll make
a motion to table that to staff' s discretion to bring it back.
Councilman Peterson: Second.
Mayor Furlong: Still a second? Any discussion on that?
Mayor Furlong moved, Councilman Peterson seconded to table action on Settlers
West, The Pemtom Land Company until July 12, 2004. All voted in favor and the
motion carried unanimously with a vote of 4 to 0.
37
City Council Meeting - June 28, 2004
COUNCIL PRESENTATIONS:
Mayor Furlong: ! have one this evening. Senator Norm Coleman's office contacted us
and he is interested in holding a, hosting a summit on child nutrition and health and
fitness, which is very appropriate given what we talked about earlier this evening here in
our town. They are going to be hosting that summit on July 12th at the Chanhassen
Library. Joining us, the time will be from 10:00 until noon. That's Monday which
actually is the morning of our next council meeting, so 2 weeks from now. Joining the
Senator will be the Undersecretary of the U.S.D.A. and other educators and health care
providers in the area. There will be about 7 or 8 people joining the senator for a panel
discussion and that will be held at the Chanhassen Library on July 12th SO all of us are
certainly invited. We should probably post that just in case we have a majority there.
There will be a number of other people there and certainly parents and other people
interested in child nutrition and health and fitness are welcomed to come and attend that
as well. Other council presentations. If there are none, administrative presentations.
ADMINISTRATIVE PRESENTATIONS:
Todd Gerhardt: Nothing this evening. Pretty quiet week. Had a lot of meetings that
were cancelled.
Councilman Peterson: How's our space doing back here?
Todd Gerhardt: We are looking for an early August completion. Painter was supposed to
show up today and did not, but some of the mill work has been completed. Sheet rocking
has been completed. So we're getting down to final stages. We got a quote to put
electrical outlet in the floor in the special meeting room. Council meeting room. ! think
we're going to reject that quote. It was almost $5,000.
Councilman Peterson: You can ! can do that in about 2 hours.
Todd Gerhardt: Yep. Go to the hardware store and rent a saw cutting blade and we're
good to go so.
Councilman Peterson: $5,000 dollars?
Todd Gerhardt: Yep. So we do have the architect looking at other alternatives for that
and probably be presenting those later on down the line. I'm not 100 percent sure on this,
if we can bring in our own contractor until they're off site, but it's going to be difficult
once the carpet's down. So they know they kind of got us on this one.
Councilman Peterson: Don't put the carpet down.
Mayor Furlong: ! was going to say, can we make that change?
38
City Council Meeting - June 28, 2004
Todd Gerhardt: We're going to look at them. You know from the architect's standpoint
they thought that was a pretty reasonable quote, was their comment, and yeah. So we're
going to look at other options.
Justin Miller: Mayor, ! have one thing to add also. The big C-Span yellow bus, they're
traveling bus that goes around the country. It will be in our parking lots down here on
July 7th. It's an educational exhibit. It talks about Congress. Various aspects of
government so it will be on the 7th from 1:00 to 3:00.
Mayor Furlong: And that's the parking lot right between City Hall and City Center Park?
Justin Miller: It will be on the lower level on the east side by the library. By the park.
Mayor Furlong: Okay, thanks.
Todd Gerhardt: And Mediacom chose us of all their providers to have the bus stop here
so pretty special.
Mayor Furlong: ! guess just for clarification too, there's been a date set as ! understand it
for the ceremonies or grand opening of City Center Park for later in July?
Todd Gerhardt: Yeah. ! think there was an e-mail sent out, ! think it said June BOth. It
meant July 30th and you'll get more details in the coming weeks on that, but mark that on
your calendar.
Mayor Furlong: 7:00. ! assume public's invited to attend there?
Todd Gerhardt: Yep.
Mayor Furlong: 7:00 on that Friday evening.
Todd Gerhardt: We'll get more information out to you and gear up for that event after,
kind of wrap up this 4th of July activities.
Mayor Furlong: Okay, very good. Anything else for administrative presentations or
questions for staff?.
CORRESPONDENCE DISCUSSION. None.
Councilman Peterson moved, Councilman Lundquist seconded to adjourn the
meeting. All voted in favor and the motion carried. The City Council meeting was
adjourned at 8:35 p.m.
Submitted by Todd Gerhardt
City Manager Prepared by Nann Opheim
39