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SUM CC 2006 03 13 CHANHASSEN CITY COUNCIL REGULAR MEETING SUMMARY MINUTES MARCH 13, 2006 Mayor Furlong called the meeting to order at 7:00 p.m.. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilman Lundquist, Councilwoman Tjornhom and Councilman Peterson COUNCIL MEMBERS ABSENT: Councilman Labatt STAFF PRESENT: Todd Gerhardt, Roger Knutson, Justin Miller, Kate Aanenson, Paul Oehme, Lori Haak, and Don Asleson PUBLIC PRESENT FOR ALL ITEMS: David Jansen Chanhassen Villager Jerry McDonald Planning Commission Thomas Schwartz 7376 Bent Bow Trail Julie & John Koch 471 Bighorn Drive Deb Lloyd 7302 Laredo Drive Janet Paulsen 7305 Laredo Drive PUBLIC ANNOUNCEMENTS: Mayor Furlong announced that the City Council will be thth meeting on Monday, March 20 instead of March 27 as it’s regularly scheduled meeting date. CONSENT AGENDA: Mayor Furlong presented an amendment to item 1(d)-2. Janet Paulsen asked that item 1(d) be pulled for discussion of the private street issue. Councilman Peterson 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 February 27, 2006 -City Council Verbatim & Summary Minutes dated February 27, 2006 Receive Commission Minutes: -Planning Commission Verbatim & Summary Minutes dated February 21, 2006 Resolution #2006-19: b. 2006 Sealcoat Project 06-02: Approve Plans & Specifications, Authorize Advertisement for Bids. e. Accept $2,000 Donation from General Mills for Safety Camp. City Council Summary – March 13, 2006 f. Accept Quote for 2006 Boulevard Tree Planting Program. nd g. Approve Certificate of Compliance for Market Square 2 Addition. All voted in favor and the motion carried unanimously with a vote of 4 to 0. D. LIBERTY ON BLUFF CREEK, LOCATED EAST OF AUDUBON ROAD, SOUTH OF LYMAN BOULEVARD AND NORTH OF PIONEER TRAIL: 1) FINAL PLAT APPROVAL. 2) APPROVAL OF PLANS & SPECIFICATIONS AND DEVELOPMENT CONTRACT. Kate Aanenson addressed the issues of public and private streets, where parking is allowed and impervious surface. Debbie Lloyd, 7302 Laredo Drive stated that the question was raised by Janet Paulsen because the condition is not clear on the final plat. The condition does ask for additional parking by allowing them to park on streets but it doesn’t say public streets. Councilman Lundquist moved, Councilman Peterson seconded to approve the final plat, plans and specifications and development contract for Liberty on Bluff Creek, amended to include in condition 5 a third bullet point: Parking is not allowed on private streets. All voted in favor and the motion carried unanimously with a vote of 4 to 0. VISITOR PRESENTATIONS: None. MUSA EXPANSION, BID PACKAGE #2 PROJECT 06-05: PUBLIC HEARING, ORDER PREPARATION OF PLANS & SPECIFICATIONS. Public Present: Name Address Jon Horn Kimley-Horn and Associates Rick Dorsey 1551 Lyman Boulevard Jeff Fox 5270 Howards Point Road John Chadwick 11430 Zion Circle, Bloomington Richard Palmiter D.R. Horton Kevin Clark Town & Country Homes Paul Oehme presented the staff report on this item and introduced Jon Horn with Kimley-Horn and Associates who gave a power point presentation reviewing the construction project. Councilman Lundquist asked for clarification of why costs are different now than what was presented in the feasibility report. Mayor Furlong opened the public hearing. Rick Dorsey, 1551 Lyman Boulevard stated that he appreciates that the road is stopping at the edge of the property but still has a question why the City does not hold off until the land use study is completed. If approving this plan is fixing and locking that road in place, the location of the north collector 2 City Council Summary – March 13, 2006 road, and access onto and through his property will be fixed. Jeff Fox, representing the Jeff and Terry Fox piece south of Lyman and the Fox Family parcel submitted letters and notice of appeal for the record. He stated concerns with the location of the east/west collector road limiting access through his parcels. He agreed with Mr. Dorsey in requesting that the council wait for the results of the land use study before approving the road configuration. Kevin Clark, Vice President of Land Development for Town and Country Homes, a K. Hovnanian Company thanked the City Council, commissions and city staff for their work over the last 3 years and encouraged the council to move ahead with this project. John Chadwick, 11430 Zion Circle, Bloomington, representing the Peterson parcel stated their support for the project. Rick Dorsey showed the council a map of the impacts of the proposed road alignment on his property. Mayor Furlong asked Mr. Dorsey to explain why he does not want to see the road constructed up the western edge of the property. Jeff Fox provided further clarification on their request for flexibility with the road design. Councilman Lundquist moved, Councilwoman Tjornhom seconded to close the public hearing. All voted in favor and the motion carried with a vote of 3 to 0. Councilman Peterson was not present during the vote. The public hearing was closed. After comments by the commission the following motion was made. Resolution #2006-20: Councilman Lundquist moved, Councilwoman Tjornhom seconded to approve the resolution authorizing the preparation of plans and specifications for City Project No. 06-05, Bluff Creek Boulevard improvements. All voted in favor and the motion carried unanimously with a vote of 4 to 0. PUBLIC HEARING: STORM WATER POLLUTION PREVENTION PROGRAM NPDES PHASE II, MS4 PERMIT. Don Asleson and Lori Haak presented the staff report on this item and asked that the council hold a public hearing. Mayor Furlong opened the public hearing. No one spoke and the public hearing was closed. No action was needed on this item. DAVE & MARYJO BANGASSER, 3633 SOUTH CEDAR DRIVE: REQUEST FOR A 22.5 FOOT FRONT YARD SETBACK VARIANCE, A 15.8 FRONT YARD SETBACK VARIANCE (DOUBLE FRONTAGE LOT) AND A 2.39% HARD SURFACE COVERAGE VARIANCE TO DEMOLISH AN EXISTING ONE-STALL GARAGE AND CONSTRUCT A MODIFIED THREE STALL GARAGE ON A NONCONFORMING CORNER LOT OF RECORD. Kate Aanenson presented the staff report and Planning Commission update on this item. Dave Bangasser stated they were in agreement with the compromises reached with staff. Janet Paulsen asked for clarification on the parameters for combining lots and impervious surface coverage. Councilman Peterson moved, Councilman Lundquist seconded that the City Council approves Variance #06-04 for a 22.5 foot front yard setback variance, a 15.8 foot front yard setback variance and a 2.39% hard surface coverage variance for the construction of a 3 City Council Summary – March 13, 2006 modified three stall garage on a lot zoned Single Family Residential (RSF), with the following conditions: 1. Tree protection fencing must be properly installed at the edge of construction and extended completely around the tree at the greatest distance possible. This must be done prior to any construction activities and remain installed until all construction if completed. 2. To retain soil moisture in the remaining root area, wood chip mulch must be applied to a depth of 4 to 6 inches, but no deeper, over all the root area. 3. Roots closest to the tree should be cut by hand or a vibratory plow to avoid ripping or tearing the roots. 4. The elevation of the garage wall closest to the tree must be at grade. This means the opposing wall will either need a retaining wall or a foundation wall due to the cut into the slope necessary to create a level floor. 5. No equipment or materials may be stored within the protected root area. 6. The tree will need to be watered during dry periods. 7. Any pruning cuts necessary must be done before April 1 or after July to avoid any possible exposure to the oak wilt fungus, a fatal disease for red oaks. 8. The applicant must obtain a building permit prior to construction of the garage. 9. The applicant must submit a proposed grading plan with the building permit to demonstrate how the site will drain. 10. Lot 1, Block 5 and Lot 16, Block 4, Red Cedar Point must be combined under the same Parcel Identification Number. 11. An affidavit of lot combination must be recorded. All voted in favor and the motion carried unanimously with a vote of 4 to 0. ROSSAVIK ADDITION, 8800 POWERS BOULEVARD, APPLICANT ARILD ROSSAVIK: REQUEST FOR A LAND USE PLAN AMENDMENT FROM RESIDENTIAL LARGE LOT TO REIDENTIAL LOW DENSITY; REQUEST FOR REZONING OF LOT 2, BLOCK 1, HILLSIDE OAKS FROM AGRICULTURAL ESTATE DISTRICT (A2) TO SINGLE FAMILY RESIDENTIAL (RSF); AND SUBDIVISION OF LOT 2, BLOCK 1, HILLSIDE OAKS INTO 5 LOTS WITH VARIANCES. 4 City Council Summary – March 13, 2006 Public Present: Name Address Ed Kraft 8711 Flamingo Drive nd Mark Kelly 351 2 Street, Excelsior Kate Aanenson presented the staff report and Planning Commission update on this item. Mayor Furlong asked for clarification on the zoning and guiding in the comprehensive plan for this parcel. Mark Kelly, representing Mr. Rossavik presented their request. Mayor Furlong asked staff to clarify the statements made by Mr. Kelly regarding regulations for sewer hook-up and the commercial operation of Mr. Bizek. He asked for public comments. No one spoke and the issue was brought back to the council for discussion and comments, after which the following motions were made. Councilman Lundquist moved, Councilwoman Tjornhom seconded that the City Council denies the Land Use Map Amendment from Residential-Large Lot to Residential Low Density for Lot 2, Block 1, Hillside Oaks, adopting the findings of fact. That the City Council denies the rezoning from A2, Agricultural Estate District to RSF, Single Family Residential for Lot 2, Block 1, Hillside Oaks based on inconsistency with the comprehensive plan designation of the property. And that the City Council denies the preliminary plat of Rossavik Addition creating five lots with a variance for the use of a private street, based on non-conformance with the zoning of the property. All voted in favor and the motion carried unanimously with a vote of 4 to 0. (The City Council took a short recess at this point in the meeting.) HALLA GREENS (AKA CHANHASSEN SHORT COURSE), LOCATED ON THE SOUTHEAST CORNER OF GREAT PLAINS BOULEVARD Public Present: Name Address David & Sharon Gatto 9631 Foxford Road Gaye Guyton 10083 Great Plains Boulevard David & Judy Walstad 10071 Great Plains Boulevard Sandy & Don Halla 6601 Mohawk Trail Dave Wondra 9590 Foxford Road Tom Anderson 9371 Foxford Road Magdy & June Ebrahim 521 Pineview Court Steve Shipley 261 Eastwood Court Kate Aanenson presented the staff report and Planning Commission update on this item. Councilman Lundquist asked for clarification of lighting requirements, berming, size of the teaching shelter and storage building, number of parking spaces, and impervious surface. 5 City Council Summary – March 13, 2006 Councilwoman Tjornhom asked for further clarification of lighting standards, hours of operation, including clarification of the definition of sunrise to sunset. Councilman Peterson asked for clarification on the request for the size of the maintenance building. Erik Olson, 9855 Delphinium Lane and manager of Halla Greens Golf Course presented background information and addressed the issues of lighting, size and need of the maintenance and ball washing buildings, hours of operation, and the change in scope of the business operation from the previous application. Mayor Furlong opened the meeting for public comment. David Walstad, 10071 Great Plains Boulevard, which is directly south at the end of the driving range expressed concern with the height of the light fixtures and hours that the parking lot will be lit. David Gatto, 9631 Foxford Road speaking on behalf of the 37 families that live on Foxford Road, Pinecrest Road and Eastwood Court expressed concern with the request for expansion of the business plan, hours of operation, noise from the outdoor seating area, lighting of the night sky, size of the maintenance buildings, and decrease in property values. Gaye Guyton, 10083 Great Plains Boulevard stated her concern with the change in scope of the business and it’s affect on the neighborhood. Judy Walstad, 10071 Great Plains Boulevard asked for clarification on the height of the club house building, and lighting from this operation impacting their home. Sharon Gatto, 9631 Foxford Road expressed concern with hours of operation in relation to selling liquor, and the size of the teaching shelter. Steve Shipley, 261 Eastwood Court and owner of a business in Chanhassen, being well aware of the building regulations in Chanhassen had concern that Mr. Halla was not meeting those regulations, especially with the lighting standards. He also asked for the location of the garbage containers. Mayor Furlong asked Jerry McDonald, Acting Chair the night this item was heard at the Planning Commission, for an explanation of the actions taken by the Planning Commission. Mayor Furlong asked for further clarification on lighting regulations and photometric standards. After council discussion and comments, the following motion was made. Councilman Peterson moved, Councilwoman Tjornhom seconded that the City Council table the Site Plan Amendment and variances for the construction of a golf course, Halla Greens, located on the southeast corner of Great Plains Boulevard and Pioneer Trail. All voted in favor and the motion carried unanimously with a vote of 4 to 0. COUNCIL PRESENTATIONS: None. ADMINISTRATIVE PRESENTATIONS: Todd Gerhardt reminded the council of a meeting th on March 16 at 7:00 p.m. with the Riley-Purgatory-Bluff Creek Watershed District. CORRESPONDENCE DISCUSSION. None. Councilman Lundquist moved, Councilman Peterson seconded to adjourn the meeting. All voted in favor and the motion carried. The City Council meeting was adjourned at 11:15 p.m.. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 6