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CC Minutes 1999 11 08CHANHASSEN CITY COUNCIL REGULAR MEETING NOVEMBER 8, 1999 Mayor Mancino called the meeting to order at 6~30 p.m. The meeting was opened with the Pledge to the Flag. COUNCILMEMBERS PRESENT: Mayor Mancino, Councilman Labatt, Councilman Engel, Councilwoman Jansen and Councilman Senn STAFF PRESENT: Scott Botcher, Roger Knutson, Kate Aanenson and Anita Benson APPROVAL OF AGENDA: Councilman Senn moved, Councilman Engel seconded to approve the agenda deleting item 1 (e) from the Consent Agenda. All voted in favor and the motion carried unanimously. PUBLIC ANNOUNCEMENTS: None. CONSENT AGENDA: Councilman Senn moved, Councilwoman Jansen seconded to approve the following Consent Agenda items pursuant to the City Manager's recommendations~ b. Resolution #99-93: Authorize Preparation of Feasibility Report for Kings Road Street and Utility Improvement Project 99-20. c. Resolution #99-94: Accept Streets and Storm Drainage Improvements in The Woods at Longacres 4th Addition and The Meadows at Longacres 4th Addition, Project Nos. 97-3 & 97-2. d. Resolution #99-95: Approve Resolution Establishing Just Compensation and Authorizing Purchase of Outlot A, Oakwood Estates 2nd Addition. f. Authorize Payment of Corrective Temporary and Permanent Easement, 1998 Trail Project, Steven and Nadia Janson. g. Approval of Bills. h. Approval of City Council Minutes: - Work Session Minutes dated October 25, 1999 - City Council Minutes dated October 25, 1999 Receive Commission Minutes: - Planning Commission Minutes dated October 20, 1999 i. Resolution #99-96: Approve Resolution Calling for Preparation of a Development Program for Development District No. 7 and Tax Increment Plan for Tax Increment Financing District No. 7-1 (A Qualified Housing District). All voted in favor and the motion carried unanimously. City Council Meeting -November 8, 1999 VISITOR PRESENTATION: None. PUBLIC HEARING: REQUEST FOR AN ON-SALE BEER & WINE LICENSE, NA THAI CAFI~, 566 WEST 78TM STREET (FORMERLY CHINA WALL). Scott Botcher: You have in your packet a memo from Karen Engelhardt concerning the request for the on- sale beer and wine license. As it indicates, we received a request. Public Safety Department has completed background investigations. There are no negative comments included in that at all. Staff recommends approval of the license. Mayor Mancino: Any questions or any discussion from Council members? Then may I please have a motion. Oh I'm sorry, this is a public hearing. Anyone wishing to address the Council on this, please do so now. Seeing none. Back to Council. Councilman Senn: Move approval. Mayor Mancino: And a second please. Councilwoman Jansen: Second. Councilman Senn moved, Councilwoman Jansen seconded to approve the request for an on-sale beer and wine license for Na's Thai Caf6, lnc. at 566 West 78th Street contingent upon receipt of the license fee and the liquor liability insurance. All voted in favor and the motion carried unanimously. Mayor Mancino: So we have approved the beer and wine license. When are you opening? Good luck. Great. It's wonderful having a Thai restaurant in town. Thank you. REQUEST FOR SIGN VARIANCE TO ALLOW A SIGN ON A NON-STREET FRONTAGE ELEVATION, RUBY TUESDAY RESTAURANT, LOT 1, BLOCK 1, VILLAGES ON THE PONDS 2N~ ADDITION, D JR ARCHITECTURE. Kate Aanenson: Thank you. The City Council had approved the site plan for the Ruby Tuesdays restaurant. The PUD ordinance does allow three signs on the building based on street frontage and main parking lot. The applicant is requesting relocation of one of the signs to the north side of the building. In reviewing the sign criteria, it does allow 156 square feet, the total of all three signs is 69.75 so we believe the applicant is not trying to abuse the sign square footage allowed but rather put it to his best advantage. The Planning Commission did support the sign variance. The sign that would be allowed would be on this side of the building. On the interior. The applicant is proposing to put this side of the building again which would maximize visibility from Highway 5. Staff is recommending approval. The Planning Commission in their hearing back on October 20th also unanimously recommended approval of this application. We do have two conditions of approval and that's limiting the size to the east, west and north side of the elevations only. And they also are required to get a sign permit for the signs. Mayor Mancino: Thank you very much. Any questions for staff at this point? Would the applicant like to come in front of the council and say anything? You don't have to but you're welcome to. Gerry Ruta: Sure. Good evening Mayor and members of Council. First of all I do want to tell you that I appreciate the efforts of staff and the Planning Commission on recommending approval of this. We feel City Council Meeting -November 8, 1999 it's really critical for potential guests traveling east on Highway 5 to recognize our building before they see the sign on the north elevation. As you know it's a 55 mph speed limit on Highway 5. You could be past the building before you see it. And visibility is critical to us right now since this will only be our second free standing location in the Twin Cities, we don't have brand recognition yet. Thank you. Mayor Mancino: Thank you. Very much. Any discussion? Any questions? Councilman Senn. Councilman Senn: Kate, is the condition 1 that you read to prohibit then a future request on the south? Kate Aanenson: You can get an opinion from Roger but I believe they always have the right to come back to apply. I think it's our intent that you might want to disclose to the applicant that we wouldn't want them to and we could put a condition there but he always has the right to come back and have that condition waived. Roger Knutson: Certainly. Kate Aanenson: You could make it a condition but. Councilman Senn: Okay. Well I'd move approval then with the adding a third condition that there be a prohibition from any future applicant for the south sign. Mayor Mancino: Okay. So you understand that Gerry? Okay. Feel comfortable? Okay. Second to the motion? Councilman Engel: Second. Councilman Senn moved, Councilman Engel seconded that the City Council approve Sign Variance #99-12 to allow a sign on the west building elevation for a 5,223 square foot building (Ruby Tuesday's) on Lot 1, Block 1, Villages on the Ponds 2"a Addition, as shown on the plans dated received August 16, 1999, subject to the following conditions: 1. Wall mounted signs will be permitted on the east, west and north building elevations only. The applicant must obtain a sign permit prior to erecting the signs on site. A detailed sign plan incorporating the method of lighting, acceptable to staff should be provided prior to requesting a building permit. 3. The applicant will not be permitted to apply for a sign on the south elevation. All voted in favor and the motion carried unanimously. REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW A DAY CARE CENTER IN AN OFFICE/INDUSTRIAL BUILDING LOCATED ON LOT 3, BLOCK 1, CHANHASSEN LAKES BUSINESS PARK 7TM ADDITION, EDEN TRACE CORPORATION. Kate Aanenson: Thank you. Included specifics on this in your applicant. This is Building Number 3. In your packet we identify the area for the daycare. It meets the State licensing requirements and then as far as the outdoor play area, it is small in size but only certain aged children are permitted outside at the same City Council Meeting -November 8, 1999 time so it does meet the state requirements. The other change too was the parking. There was at one time the parking, you had to cross the lot. The parking's now been moved up against the building and again consistent with the State regulations. The other thing is a loading dock which was a concern, has been eliminated. That loading dock closest to the daycare. So staff believes it is a good use of the building and is recommending approval with the conditions in the staff report. The Planning Commission also did recommend approval. Mayor Mancino: Thank you. Any questions for staff? Is the applicant here and would you like to say anything to Council? Okay. Councilman Senn: Move approval. Mayor Mancino: I'd just like to make one remark and that is that I, you know you've got to say something tonight. I'm saying something that I think that the Planning Commission did a heck of a job reviewing this and their Minutes were very helpful for us and really picking the key issues so I thought the Planning Commission did a great job on this. Okay. Any other discussion and can I have a motion please. Councilman Senn: Motion's on the floor. Councilman Labatt: Second. Councilman Senn moved, Councilman Labatt seconded that the City Council approve Conditional Use Permit #99-4 to allow a Day Care Center in an IOP District, Children of Tomorrow, to be located on Lot 3, Block 1, Chanhassen Lakes Business Park 7th Addition, as shown on the plans dated received September 17, 1999, subject to the following conditions: 1. The applicant shall enter into a conditional use permit agreement with the City. 2. Compliance with conditions of site plan and plat approval. 3. Obtain all applicable state, county and city licenses. 4. Show type of fence and landscaping for the outdoor play area. All voted in favor and the motion carried unanimously. RECONSIDER CONCEPTUAL PUD REQUEST FOR MIXED HOUSING DEVELOPMENT (414 UNITS) CONSISTING OF MANOR HOMES~ COURT HOMES~ VILLAGE HOMES AND TOWNHOMES ON 82.8 ACRES; AND 3.7 ACRES OF COMMERCIAL USES; LOCATED ON THE NORTHEAST CORNER OF HIGHWAYS 5 AND 41~ ARBORETUM VILLAGE~ PULTE HOMES (PER COUNCILWOMAN LINDA JANSEN). Mayor Mancino: And again, this is just a vote for reconsideration. This will come back in front of the Council for the actual vote on saying yes to the conceptual approval so this is just for reconsideration tonight. Councilwoman Jansen. Councilwoman Jansen: Technically since I was on the prevailing side, I'm raising the motion for the reconsideration with the conversation occurring on November 22nd as you said. City Council Meeting -November 8, 1999 Mayor Mancino: Okay, and you're raising the reconsideration, why? Councilwoman Jansen: Due to persuasion from fellow Councilman Engel and a long conversation with Mr. Botcher on the technicalities of what we're doing. I think it's worth and merits reconsideration. Mayor Mancino: Of a PUD. Of the rezoning. Councilwoman Jansen: Yes. Mayor Mancino: Okay. Any other discussion? Councilman Senn: I'll second. Scott Botcher: And everyone understands that what this basically does is puts us back in time to the point in time immediately prior to when the motion was made that evening. Okay. Councilwoman Jansen moved, Councilman Senn seconded for reconsideration of the Pulte Home PUD to be reconsidered at the City Council meeting on November 22, 1999. All voted in favor and the motion carried unanimously. Scott Botcher: Do we have, I know we have the ability. Can we mail out notices to people? Kate Aanenson: Certainly. Mayor Mancino: Oh yeah. I'm assuming since we had a lot of people here, that we'd want to make sure that everyone knows. This will be in the newspaper. Kate Aanenson: I'm assuming you're scheduling at tentatively looking at that for November 22nd? Mayor Mancino: The next meeting. Councilman Engel: Has anybody been in contact with Puke regarding this? Mayor Mancino: Excuse me just one second. Roger. Roger Knutson: When you get to it, I think the next motion would be to postpone consideration of the main motion until the date, November what? Kate Aanenson: 22nd. Roger Knutson: November 22nd. Mayor Mancino: You're saying we need to make that as a motion. Okay. Councilman Senn: Help me out. I don't understand. City Council Meeting -November 8, 1999 Scott Botcher: Just for clarity sake, so you communicate to God and Country what your intentions are, to make a motion now saying you're postponing deliberation on the reconsideration until November 22, 1999 at your regular council meeting. Roger Knutson: Where you are at this particular moment, parliamentary speaking, is a motion is on the table and has been made and second to approve the PUD. That motion is before you right now. Councilman Senn: Okay. So move to postpone discussion and any further action on the Puke Home project until November 22nd. Mayor Mancino: At the regular council meeting. Councilman Senn: Regular council meeting. Mayor Mancino: Is there a second? Councilman Engel: Second. Councilman Senn moved, Councilman Engel seconded to postpone discussion and any further action on the Pulte Home PUD until the City Council meeting on November 22, 1999. All voted in favor and the motion carried unanimously. Scott Botcher: Can I ask a quick question of Roger, for clarification sake? I wanted to talk about number 6. Just because I wanted to. No. Mayor Mancino: Number 6, the item that's deleted. Scott Botcher: I know. Is this a public hearing again Roger or not? Roger Knutson: No. Scott Botcher: Okay. Just so everyone knows then that, I just wanted to make sure that everyone knew it wasn't a public hearing. Councilwoman Jansen: On the 22nd. Scott Botcher: 22nd, right. That certainly public comment can come in under. Kate Aanenson: Are you on 6 or 7? Scott Botcher: I'm on 7... No, on number 7, just so you know, it's not a public hearing. Which is okay. There's still ample time for public input on wherever they give public input. Visitors presentations. But it is not a public hearing and sometimes the rules, I mean you have different rules for different types of presentations so I want to make sure everyone understands that. Kate. Roger. Kate Aanenson: That's good clarification. City Council Meeting -November 8, 1999 Mayor Mancino: So that means we will accept e-mails, faxes, telephone calls. Anything that we want to for that. Okay, thank you. CORRESPONDENCE DISCUSSION. Mayor Mancino: Going on to correspondence. Any questions? Councilmembers. Councilwoman Jansen: I guess I had one question just from not being familiar with the report. The last report that Mr. Botcher provided for us. Mayor Mancino: I don't think anybody's familiar with it. Councilwoman Jansen: Is there anything unusual or not standard that should be catching our eye if we were familiar with this? Scott Botcher: Having not been here for most of the claims, I'm not going to speak to any specific claim in here. There are some issues that I have concerns about. Mark and I have talked about them. I mean Mark caught some of the same ones that I did. Mr. Gerhardt has been the claims risk guy here for a while and those are in the process of being shifted to finance. This is to me more of a finance issue. He and Bruce are working on it together. Councilman Senn: I might suggest that after we talked about the issues and kind of get them into a little more clarity, that we then report back again. I think it will be more understandable. Scott Botcher: And Mark and I talked about today maybe getting together and talking about.., issues and giving a report back. Councilwoman Jansen: Okay, that'd be great. Thank you. Scott Botcher: But this is again the kind of the crud that I think you guys need to see. And this will be on an annual basis. Councilwoman Jansen: Okay. Mayor Mancino: It was very enlightening. The other question that I had under the Carver County Sheriff's department citations, listing by grid, that again I don't think any of us, or I've never seen before, was a concern that I had about the Minnewashta Park and how those officers hours are handled. Whether they're being billed to us as a municipal contract or whether it's a county is taking care of that. So we're checking on that also. Any other questions? Then the meeting is adjourned. Thank you all for coming tonight. Mayor Mancino adjourned the City Council meeting at 6:45 p.m. Submitted by Scott Botcher City Manager Prepared by Nann Opheim