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SUM CC 2006 07 10 CHANHASSEN CITY COUNCIL REGULAR MEETING SUMMARY MINUTES JULY 10, 2006 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, Councilwoman Tjornhom, Councilman Peterson and Councilman Lundquist COUNCIL MEMBERS ABSENT: Councilman Labatt STAFF PRESENT: Todd Gerhardt, Roger Knutson, Paul Oehme, Kate Aanenson, and Todd Hoffman PUBLIC PRESENT FOR ALL ITEMS: Jerry & Janet Paulsen 7305 Laredo Drive Debbie Lloyd 7302 Laredo Drive PUBLIC ANNOUNCEMENTS: Mayor Furlong welcomed audience members. CONSENT AGENDA: Councilman Lundquist moved, Councilman Peterson 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 26, 2006 -City Council Verbatim & Summary Minutes dated June 26, 2006 Receive Commission Minutes: -Planning Commission Verbatim & Summary Minutes dated June 20, 2006 e. Approve Amendment to Park and Trail Capital Improvement Program. f. Abra Auto Body & Glass, 60 Lake Drive East: Approval of Conditional Use Permit for an Automobile Body Repair Shop and Site Plan Approval for a 14,430 sq. ft. Expansion to a 4,074 sq. ft. Building. Resolution #2006-47: g. Approval of 2006 Transfers: Revolving Assessment Fund & Capital Replacement Fund. All voted in favor and the motion carried unanimously with a vote of 4 to 0. City Council Summary – July 10, 2006 VISITOR PRESENTATIONS: Debbie Lloyd, 7302 Laredo Drive asked to speak on the Lakeside application. Jerry Paulsen requested that the City Council give close scrutiny to any variances that are requested for shoreline property. PUBLIC HEARING: CONSIDER VACATION OF ALLEY RIGHT-OF-WAY NORTH TH OF WEST 78 STREET, LOT 3, BLOCK 2, ST. HUBERTUS, VACATION FILE 06-02. Public Present: Name Address th Josh & Julie Pickard 104 West 78 Street Brian Nustad 7791 Erie Avenue Paul Oehme presented the staff report on this item. Mayor Furlong opened the public hearing. Brian Nustad, 7791 Erie Avenue asked that his property be considered in the vacation request. Staff noted he could make application to go through the process. Mayor Furlong closed the public hearing. Resolution #2006-48: Councilman Lundquist moved, Councilman Peterson seconded that the City Council approve a resolution vacating eight (8) feet of alley right-of-way located along the north property line of Lot 3, Block 2, St. Hubertus. All voted in favor and the motion carried unanimously with a vote of 4 to 0. LAKESIDE, 125 LAKEVIEW ROAD, APPLICANT, SIENNA CORPORATION: REQUEST FOR A PLANNED UNIT DEVELOPMENT ON 26.34 ACRES REZONING THE PROPERTY FROM R12 HIGH DENSITY-RESIDENTIAL TO PUD-R, PLANNED UNIT DEVELOPMENT-RESIDENTIAL WITH VARIANCES; PRELIMINARY PLAT FOR 29 BUILDING LOTS, TWO OUTLOTS AND RIGHT-OF-WAY FOR PUBLIC STREETS; SITE PLAN REVIEW FOR A 234 UNIT RESIDENTIAL DEVELOPMENT INCLUDING TWO, THREE, FOUR AND CONDOMINIUM UNIT BUILDINGS, AND A COMMUNITY BUILDING; AND A CONDITIONAL USE PERMIT FOR A RECREATIONAL BEACHLOT WITH VARIANCES. Public Present: Name Address Lee Wear 17836 Bearpath Trail T.J. Adams 154 Lakeview Road E. Thomas J. Bastasz 179 Lakeview Road E. John Bowlsky 18482 Bearpath Trail David & Clara Adinolfo 18779 Bearpath Trail Heidi & Scott Frederiksen 18626 Bearpath Trail Stephanie & Tom Drees 14727 Boulder Point Road Dan Brattland 18355 Nicklaus Way 2 City Council Summary – July 10, 2006 Steven Schwieters 10072 Gristmill Carter Nichols 18808 Bearpath Trail Tom & Sue Knight 9154 Bearpath Trail Ron Case 9237 LaRivier Court, Eden Prairie Wallace Anderson 8067 Timber Lake Drive, Eden Prairie 9014 Lake Riley Road Gail Thorpe 17543 Bearpath Trail Pat Shepard 17615 Bearpath Trail John Jeffries 18767 Bearpath Trail Bruce Carlson 8988 English Turn, Eden Prairie Valerie & Ken Ross 8976 English Turn, Eden Prairie Ken Brooks 17894 Bearpath Trail Melissa Shockley 18775 Melrose Chase Chris Honaas & Craig Wildfang 18397 Nicklaus Way Steven Tighe 17846 Bearpath Trail Andy Birrell 17934 Bearpath Trail Sue Phillips 17950 Bearpath Trail Nancy Ness 17704 Bearpath Trail Marlene McEwan 17627 Bearpath Trail Nick Stockwell 17627 Bearpath Trail Ginny Gospard 17615 Bearpath Trail Warren & Mia Bielke 18719 Bearpath Trail Kate Aanenson presented the staff report and Planning Commission update on this item. Mayor Furlong asked for clarification on the height and setback variances for the condominium buildings. John Vogelbacher with Sienna Corporation passed our books detailing the project, addressed changes made in the plan since the City Council saw this item at a work session, and addressed issues brought up at the public hearing. Councilman Peterson asked the applicant to address the issues of elevations and sight lines from neighboring properties and tree loss caused by the trail on the Chanhassen/Eden Prairie border. Councilwoman Tjornhom asked for clarification on the number and location of guest parking for the condominium buildings. Councilman Lundquist asked for clarification of sight lines across the fairway, height variance for the condominium buildings, setbacks for the townhomes along the fairway, sight lines across the lake and timing for construction. Mayor Furlong asked about architectural plans for Building C and asked staff to comment on their review of the storm water calculations. Mayor Furlong opened the meeting for public comment. Scott Frederiksen, speaking on behalf of a number of residents of Bearpath and as an employee of Welsh Companies, a large commercial real estate firm, brought up the issues of notification and communication by the developer, broken promises by Sienna Corporation in regards to tree loss, PUD zoning related to green space, and reasons for not granting the variance requests. Ron Case, Eden Prairie City Council member, asked the council to consider the residents of Eden Prairie as well as Chanhassen residents when making their decision. Bruce Carlson, a resident of Bearpath, requested that bonding be required for completion of the project. Wally Anderson, 9014 Lake Riley Road stated his concern with traffic on Lake Riley Road. Tom Bastasz, 179 Lakeview Road and President of the North Bay Homeowners Association stated Sienna Corporation has answered their concerns with regards to setbacks, landscaping and stormwater runoff and asked that the City Council approve the 3 City Council Summary – July 10, 2006 development as proposed. Debbie Lloyd, 7302 Laredo Drive expressed concern with the height of the condominium buildings, that the OHW was not on the preliminary plat and therefore impervious surface calculations could not be accurate, when rezoning property to PUD the plan must provide balanced housing types for all income levels, lack of a traffic study, and questioning the number of variances. Mayor Furlong asked the applicant and staff to address the issues raised by the residents. After City Council discussion the following motion was made. Councilman Peterson moved, Councilman Lundquist seconded that the City Council table Planning Case 06-26 for Lakeside development. All voted in favor, except Councilwoman Tjornhom who opposed, and the motion carried with a vote of 3 to 1. THOMAS SCHWARTZ, 7376 BENT BOW TRAIL: REQUEST FOR A VARIANCE TO ALLOW STRUCTURES WITHIN THE 40 FOOT WETLAND BUFFER SETBACK. Public Present: Name Address Eric V. Doremus 7371 Bent Bow Trail Paula & Thomas Schwartz 7376 Bent Bow Trail Michael Nelson 7357 Bent Bow Trail Kate Aanenson presented the staff report and Planning Commission update on this issue. Mayor Furlong asked for clarification of the colored map showing setbacks, conservation easement, etc.. Councilman Lundquist asked for clarification on impervious surface calculations The applicant, Thomas Schwartz provided historical background on the work performed on the property. Councilman Lundquist asked the applicant if the work done to restore the drainage swale was approved by staff. Mr. Schwartz explained that it was built by Lundgren Bros. Construction and he has assurances it would suffice. After commission discussion, the following motion was made. Councilman Lundquist moved, Councilwoman Tjornhom seconded that the City Council table Planning Case 06-22, Variance request at 7376 Bent Bow Trail. All voted in favor and the motion carried unanimously with a vote of 4 to 0. ND GARY CARLSON, 3891 WEST 62 STREET: VARIANCE REQUEST FOR RELIEF FROM THE 30 FOOT FRONT YARD SETBACK REQUIREMENT FOR THE CONSTRUCTION OF AN EXISTING FOUR-STALL GARAGE AND RELIEF FROM THE 1,000 SQ. FT. DETACHED ACCESSORY STRUCTURE RESTRICTION FOR THE RSF DISTRICT. Public Present: Name Address nd Dale Keehl 3841 West 62 Street 4 City Council Summary – July 10, 2006 nd Gary Carlson 3891 West 62 Street nd Luke Melchert 112 2 Street W, Chaska nd Maureen and Molly Carlson 3891 West 62 Street nd Megan Moore 3891 West 62 Street Kate Aanenson presented the staff report and Planning Commission update on this item. Mayor Furlong asked for clarification on the timeline and background information. Councilman Peterson asked for clarification of the different colors on the map. Councilwoman Tjornhom asked about the distance between the garage and the house. Luke Melchert, representing the applicant, clarified the variance request. Molly Carlson spoke in support of granting the variance nd for the garage to store and protect her equipment. Dale Keehl, 3841 West 62 Street spoke in support of the variance. Gary Carlson talked about the negotiations he’s had with Josh Metzer regarding granting of the variance. The council discussed tabling this item to give the applicant time to remove the 7 structures on the property before bringing the item back before the council. Councilman Peterson moved, Councilman Lundquist seconded to table Planning Case 06- 23 for a variance and intensification of a non-conforming use for the property at 3891 West nd 62 Street. All voted in favor and the motion carried unanimously with a vote of 4 to 0. CORRESPONDENCE DISCUSSION. None. th COUNCIL PRESENTATIONS: Mayor Furlong commended the city staff for a great 4 of July celebration. ADMNISTRATIVE PRESENTATIONS: Todd Gerhardt provided an update on the search for an Assistant City Manager and an update on a deck fire at the Lake Susan Apartments. Councilman Lundquist moved, Mayor Furlong seconded to adjourn the meeting. All voted in favor and the motion carried. The City Council meeting was adjourned at 10:45 p.m.. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 5