Loading...
CC 2006 10 23 CHANHASSEN CITY COUNCIL REGULAR MEETING OCTOBER 23, 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 STAFF PRESENT: Todd Gerhardt, Roger Knutson, Todd Hoffman, Paul Oehme, Laurie Hokkanen, and Sharmeen Al-Jaff PUBLIC PRESENT FOR ALL ITEMS: Barbara, Stephanie & Samantha Jacoby 8516 Great Plains Boulevard Ashley Kerber 721 Sierra Trail Tori Buelow 9450 Foxford Road Chelsey Murphy 404 Cimarron Circle Amanda Lorinser 2615 Schuller Court Mike Delsing 7215 Pontiac Circle Adam Lindemeier 6250 Chads Lane Adam Baker 8366 Grace Court Joe Jeurisssen 1225 79 1/2 Street, Victoria Mya Scorlato 3096 Georganna Drive, Chaska Linda Sohn 684 August Drive, Chaska PUBLIC ANNOUNCEMENTS: Mayor Furlong: Thank you and welcome. Appreciate those of you that joined us here this evening and for those watching at home as well. We're glad that you joined us. At this time I guess I would like to ask if there are any additions or modifications to the agenda that was distributed with the council packet, absent any objections we'll proceed with that as distributed. We have a couple public announcements this evening. I'd like to start with the presentation of a Maple Leaf Award to former council member Steve Labatt. Steve, why don't you join Todd and me up front. PRESENTATION OF MAPLE LEAF AWARD, FORMER COUNCILMAN STEVE LABATT. Mayor Furlong: Well good evening. It's a pleasure this evening to honor Councilman Steve Labatt for his service to the City of Chanhassen. Service commitment that lasted over 11 years. Steve's service began where his passion laid. Chanhassen Public Safety and how law enforcement was administered within our city. Using your skills Steve and knowledge as a Hennepin County investigator, you were a staunch public safety advocate serving as a public safety commissioner from '95 to '98. On our law enforcement task force in 1999 and then City Council Meeting - October 23, 2006 throughout your time on the City Council. You should be very proud of your efforts in those areas Steve. Chanhassen is a safe city. On all of our community surveys clearly reflect that our residents feel safe. We sincerely appreciate your role Steve in helping to keep us safe. Steve also served on the Chanhassen City Council as a member through 8 years. 1999 through 2006. During your term you provided leadership to many projects and policies that have improved our city and the high quality of life that we enjoy. Some of these projects that Steve was involved in include the construction of the new Chanhassen library, numerous redevelopment projects in our downtown area and commercial and residential developments throughout the city, construction of our city's first water treatment plant, City Center Park, miles of new roads and reconstructed roads, trails expanded and refurbish parks throughout the city and develop sound fiscal policies and budgets during tight financial times. You should be very proud Steve in the service to Chanhassen, all that you've accomplished. We thank you for your outstanding leadership, service and dedication to the City of Chanhassen. We're going to miss you and your talents and skills, and most of all the fun times that we had. Thank you very much. Again with Todd and the rest of the council I'd like to present to you this Maple Leaf Award recognizing your service on the City Council, Law Enforcement Task Force, Public Safety Commissioner. So congratulations. Steve Labatt: Thanks again. Mayor Furlong: What to say anything? Steve Labatt: Well sure. I have time for a couple words. Mayor Furlong: We've got time. It's a light agenda tonight. Steve Labatt: Is it? Oh, okay. No, it is, has been an honor to serve this city for 11 years. When you look at 11 years and that's a third or fourth of somebody's lifetime so you know, some of the memories that I have were mentioned. The library was a big one for me. Water treatment and some of the roads. But I think most importantly was the meeting that Craig and I had with Todd when we hired him. So that, I get emotional over this. It was a fun day. Fun. We sat there and interviewed Todd and looked at each other and thought boy, you know what do we need to do to get Todd to be the man. And it's been an honor to work with you and your staff and the council. You've got a great group of people working here. You've got a heck of a mayor. I'd like to see…4 years. I served 3 different mayors and boy I can say Tom, you're the best. You were the best. Not to say anything about Nancy or Linda in any way but you know it is, every meeting was fun. We left friends. We came as friends and I remember the first time I met you up here when I challenged you, if you don't like something get involved or something. And you heard the charge and it was a fun, fun tenure with you as the leader. Craig, you're analytical thinking at times you always looked at the other side of things. You just brought a good balance to the City Council. Bethany, you've got a good head on your shoulders. Keep going. Keep on track of that. And Brian, you know I can remember the first when I met Brian. We were sitting across from each other as opponents 4 years ago. Battling out the issues. And came in number one and two. I was one. But I know it's a little, you know when you're going and you're facing an opponent like Brian, he's got a great head on his shoulders. What's neat about Brian is he comes 2 City Council Meeting - October 23, 2006 from a whole different area than I do in business and that line so, I wish you the best in your run for commissioner. Councilman Lundquist: Appreciate it. Steve Labatt: Wherever you land, you're going to be great. Councilman Peterson: Write him a letter. Steve Labatt: I'd love to. Councilman Lundquist: You just did. Steve Labatt: You know we battled through those two debates. One here and one at Family of Christ and it was the first couple meetings was feeling each other out but the bottom line is, we got a lot of good things accomplished. You brought in some great things on the budget. It's been a great 3 1/2 years with you. I appreciate your friendship. Hunting stories. That's what's neat about this council is we came to meetings. We joked around. We were friends. When we left, no matter how the votes went, we came back the next week and we never hold any grudges. And several years ago, previous to all these people, there were grudges held and you look at what you read in the paper about Red Wing and Maplewood and Vandais Heights and all these other turmoils in cities, this city is blessed to have leaders like you 4 now. And glad you're running unopposed. Mayor Furlong: Thank you. So is my wife. Steve Labatt: Thank you. Roger, thank you. Roger Knutson: Steve. Councilwoman Tjornhom: Thank you Steve. INVITATION TO HALLOWEEN PARTY. Mayor Furlong: We have one more public announcement this evening regarding the Halloween th party this coming Saturday, October 28. Every fall the City of Chanhassen in cooperation with our local businesses is proud to sponsor the Halloween Party. This event will be held on th Saturday, October 28. At this time I would invite all area residents, families, parents, grandparents, grandchildren to come to the Chanhassen Rec Center for the event. The event is for children ages 2 through 10 are invited to participate. The event begins at 5:30 and runs til 7:30. Activities are going to include children's entertainment featuring the Spooky and Scary Magic Show. Trick and treating. Hay rides. Children's games. Haunted areas and other fun th events. Pre-registration is required by this Friday the 27 at City Hall, or at the Chanhassen Rec Center so I encourage you to do that. There is a $4 per child fee. Adults are free. It's a lot of fun. Our Park and Rec Commission gets very involved in that. If you haven't been out there or 3 City Council Meeting - October 23, 2006 are interested, I would encourage you to come and look forward to seeing that be a very successful event. At this point we'll move on with our agenda. CONSENT AGENDA: Councilman Lundquist: Mr. Mayor, I would like to remove item 1(l). Mayor Furlong: Okay. Is there a long discussion? Want to bring it up under old business or immediately after. Councilman Lundquist: Immediately after. Mayor Furlong: Alright, without objection. Any other items on the consent agenda? If not then, is there a motion to adopt items 1(a) through (k) as included in the consent agenda and staff recommendation. Councilman Lundquist moved, Councilwoman Tjornhom 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 October 9, 2006 -City Council Verbatim & Summary Minutes dated October 9, 2006 Receive Commission Minutes: -Planning Commission Verbatim & Summary Minutes dated October 3, 2006 -Park and Recreation Commission Verbatim & Summary Minutes dated September 26, 2006 c. Lakeside Development, 125 Lakeview Road, Sienna Corporation: 1) Final Plat Approval with Variance from the Subdivision Ordinance 2) Approval of Development Contract and Construction Plans & Specifications d. Orchard Green: Approve Development Contract Assignment. e. Approval of a Wetland Alteration Permit for the Construction of an Access to the Western Portion of the Applicant's Property; East of Powers Boulevard, West of th Highway 101, and North of West 96 Street, Tim Erhart. f. Approve Cooperative Construction Agreement with MnDot for Wetland Restoration Construction for Highway 212 Mitigation. g. Set Special Meeting Date to Canvass Election Results, Thursday, November 9, 5:00 p.m. Resolution #2006-75: h. Certification of Delinquent Utility Accounts. 4 City Council Meeting - October 23, 2006 Resolution #2006-76: i. Resolution Proclaiming November 14, 2006 as National Community Education Day. Resolution #2006-77: j. Approval of Resolution Approving the Contamination Clean-up Grant Application and Committing Local Match and Authorizing Contract Signature for Moon Valley Environmental Clean-up. k. Amendment to Section 13-52 of Chanhassen City Code Concerning Hourly Restrictions on Certain Operations. All voted in favor and the motion carried unanimously with a vote of 4 to 0. L. APPROVAL OF AMENDMENT TO FIRE DEPARTMENT RELIEF ASSOCIATION PENSION PLAN. Councilman Lundquist: Mr. Mayor, at the request of several of the affected members of item 1(l), I would like to table that item for further discussion and data. Mayor Furlong: Okay, I'll second that motion. Councilman Lundquist moved, Mayor Furlong seconded to table approval of the amendment to the Fire Department Relief Association Pension Plan. All voted in favor and the motion carried unanimously with a vote of 4 to 0. VISITOR PRESENTATIONS: None. LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE. Mayor Furlong: This evening we have our monthly updates from our Carver County Sheriff's department and our fire department. Sergeant Gullickson is not present this evening. There was information distributed with the council packet. I don't know if there are any questions that we can relay to Mr., Sergeant Gullickson through Mr. Gerhardt at this point or we can contact him directly if we have questions. Todd Gerhardt: Yeah, just email me or call me. I'll follow up on them. Mayor Furlong: Thank you. At this time I'd like to invite Chief Greg Geske from our Chanhassen Fire Department. Chief Greg Geske: Good evening. This evening it's an abbreviated, not much on the agenda tonight. I don't have a whole lot either. It's been quiet. We did have a successful open house. We probably had about 1,000 people attend. I don't know what we do with the weather gods but fortunately out of about 10 not nice days we ended up with a beautiful day for our open house so it went real well. We probably also had 13 kids that we put through our fire prevention program. As our Fire Marshal had mentioned in the update, you know it used to be fire prevention week and I think we're up to fire prevention month with all the kids we go through and stuff and the 5 City Council Meeting - October 23, 2006 classes they go through but everything went real successful with that. Again we're appreciative for all the people we have signed up for that. We had a pre-build meeting for our new engine. We had people from our truck committee go out to South Dakota and meet with them on the points and stuff of the new engine. We also had the new Chief from Excelsior Fire District contacted us and would like to meet with us. Always trying to maintain good relationships with the area fire departments and stuff so he's contacted us about meeting up with them. Mayor Furlong: Have you ever met with him before? Councilman Lundquist: And you know him pretty good too huh? Chief Greg Geske: Yeah, we know him pretty good. Because he was in charge of the Carver County Emergency department and also Assistant Chief on Chaska so we know him very well so we'll be getting together with them and meeting with them. I do want to remind people, because we will have ice forming on the lakes, we've got ice training coming up next month but be careful with watching the small kids and stuff out by the ice. As much as we like to do the training, we don't care to get called out for calls like that so, that's about all I have. Any questions? Mayor Furlong: Any questions? Councilwoman Tjornhom: I don't have a question but I have a comment. Chief Greg Geske: Sure. Councilwoman Tjornhom: Last Sunday I think it was, maybe 2 Sundays ago I was at church and there was a car fire in the parking lot and I was amazed at how quickly you got there. You know I pulled in the parking lot and there was a little smoke and then all of a sudden this huge fire truck came weaving in with all these people walking around and all the commotion and then of course the car was totally engulfed in flames but I mean you handled it so well. How you got there quickly and didn't disturb anything that was going on around the premises and took care of it. Chief Greg Geske: As mentioned in the Villager, we'd like to thank the unknown person that hooked onto it and pulled it away from the other cars because that's one of the things we worry about for fires is the exposure so somebody was nice enough to grab ahold of it before it was fully engulfed and pull it out away from the other vehicles but just so it worked out as we were already setting up for open house on that Sunday morning so we had a station full of fire fighters that were actually… Councilwoman Tjornhom: That was a good time. Chief Greg Geske: When we're there we really respond quick but thanks for noting that. Anything else? 6 City Council Meeting - October 23, 2006 Mayor Furlong: No. I just comments on the open house. I know I was there and others were too. It was well done as usual so I want to extend our thanks to all the members of the fire department and all the retirees who come out in force to help out and really put on a good show. And so I know it was well received. I heard a number of comments from people in the gallery, how much fun they had so. Chief Greg Geske: It's doing it every year, we do a pretty good job in making minutes on it so I think our ice cream came down to a half gallon left and we were out of cones and likewise on the, went a little long on the hot dogs but other than that, like I say it was a great day and we got lots of good comments back too. Thank you. GOLF ZONE, 825 FLYING CLOUD DRIVE, APPLICANT JEFF HELSTROM: REQUEST FOR AN AMENDMENT TO INTERIM USE PERMIT 98-2, CONDITIONAL USE PERMIT AND SITE PLAN REVIEW WITH VARIANCES FOR A PROPOSED ADDITION TO THE PRINCIPAL STRUCTURE. Sharmeen Al-Jaff: Good evening Mayor Furlong, members of the City Council. The site is located south of Highway 212 west of Highway 101. It has approximately an area of 90 acres. Of those 90 acres, there are 6 acres that are upland. The site is currently zoned agricultural estate district. It is occupied by a building and a driving range. This is an interim use permit in the agricultural estate district. The applicant is requesting is to increase the size of the club house from approximately 1,000 square feet to a little over 11,000 square feet. This will require 2 variances. The first variance deals with the size of the building. This district and within golf ranges, the maximum size of a building may not exceed 800 square feet. With this request the applicant is requesting to increase the size to 11,000 square feet. The second request deals with the exterior materials of the building. The city code allows primary exterior materials to be, to consist of either brick, stone, glass, masonry, wood, or tilt-up concrete panels that are grid or brick like in appearance. What the applicant is proposing is metal and this would be the exterior material on the building. This material would require a variance under our city code requirements. With this request there are a few issues that we need to point out. The first one basically deals with our comprehensive plan. It is city staff's intent to study the corridor along 101 as we update the comprehensive plan. The intent is to complete this study by 2008. One of the things that we intend to look at is, are there any higher and better uses of this site. As I mentioned earlier, currently it is zoned agriculture and currently it is guided large lot and open space. We believe that the 6 acres, the upland 6 acres could have a higher and better use. One of the other things that we are looking at is, as I mentioned, the 101 corridor. Part of the comprehensive plan will look at this Highway 101 realignment which could impact this specific site. We also need to look at the materials along the exterior of this building. With the proposed expansion and with the investment that the applicant is putting into this building, is this beginning to turn into a permanent building or is it still going to be discontinued? The use will be discontinued in the year 2020 when this interim use is proposed to expire. Third, if this building does become a permanent building, then the question that we ask ourselves is, with the metal exterior on this building, will we be able to have a design that will be compatible with potentially new buildings along the 101 corridor. So these are just issues that we wanted to present to you. Bring it to your attention. The Planning Commission did vote on this application and recommended denial with a vote of 4-3. Staff did prepare 3 recommendations for you. The 7 City Council Meeting - October 23, 2006 first one is a denial recommendation of the request. The second one, motion B would recommend approval of the building square footage and deny the building material. And the third motion, which is motion C recommends approval of both variances. The square footage as well as the exterior materials on the building. And with that I'll be happy to answer any questions you might have. Mayor Furlong: Okay, thank you. Questions for staff. Councilman Lundquist: Sharmeen, the other uses that are around that area now, are they permanent? The nursery or whatever that is across the street from the site. And the motel thing that's over there. Are those? Sharmeen Al-Jaff: They are conditional uses. Councilman Lundquist: Conditional uses. Sharmeen Al-Jaff: Correct, and we do intend to look at those uses as well. As part of the overall study but they are conditional uses and yes, they are, they are a different zoning district. Councilman Lundquist: Sure. And how bout the junkyard down the road? That's a whole different deal right? Sharmeen Al-Jaff: That is a different deal. Councilman Lundquist: Alright. There's nothing else really along there, is there? Sharmeen Al-Jaff: There's the stables and the kennels. Councilman Lundquist: Yeah, that's up the hill further though. Sharmeen Al-Jaff: That's up the hill. Councilman Lundquist: There's really nothing else along the, okay. Councilman Peterson: Is that zoned, I don't remember whether that's. Sharmeen Al-Jaff: That is Fringe Business District and the exterior material on the building did receive a variance, and it mainly dealt with feces from the animals. They wanted a material that they could keep clean. Mayor Furlong: You mentioned conditional use permit and that's what the nursery is and that's what the motel is. Is the kennel and stables, that's an interim use permit? Is that current… Sharmeen Al-Jaff: No, that's a conditional use permit as well. 8 City Council Meeting - October 23, 2006 Mayor Furlong: That's conditional use. What's the difference between the conditional use permit and that interim use permit, because this is interim use permit correct? Sharmeen Al-Jaff: This is an interim use meaning there is a sunset on it. There comes a time when the use will be discontinued. In this case the deadline on the, this permit will expire in the year 2020. With conditional uses, there is no expiration date on them. You can revoke them if they don't comply with conditions of approval but they're ongoing. Mayor Furlong: Where else are there interim use permits? Are there any along, I thought the stables was, but you're saying that was condition, that's conditional? Sharmeen Al-Jaff: That's a conditional use. Mayor Furlong: So are there any others? Sharmeen Al-Jaff: Typically with interim uses, we have, grading permits have an interim use typically. Mining operations. Moon Valley had an interim use permit. Across the street until such time when development did take place. So there is always a sunset on interim uses. Mayor Furlong: But in terms of. Sharmeen Al-Jaff: Businesses? Mayor Furlong: Of businesses. Sharmeen Al-Jaff: I'm sorry, none are coming to mind at this moment. Mayor Furlong: Okay. Councilman Lundquist: What would be, Sharmeen what would be the process to do something other than interim use permit? Mr. Helstrom decided that in 2015 he wanted, or in 2019 he wanted to stay there. Can that be, is it an application for a request for zoning change or a conditional use or any of the above or? Sharmeen Al-Jaff: Both. He can come before the City Council and request an extension of the interim use permit and that would be an amendment and at that point the City Council could choose to extend the deadline from 2020 to whatever you see fit. Councilman Lundquist: Okay. And at that point if there was, can that be requested to be, have the zoning changed on it or apply for a conditional use at the sunset of that interim use? Sharmeen Al-Jaff: You can, right now if we look at the existing zoning on the site, it is agricultural estate district. Within that district, the only way you can have a driving range is through an interim use permit. It is not a conditional use. Councilman Lundquist: Understand. 9 City Council Meeting - October 23, 2006 Sharmeen Al-Jaff: Then we would need to amend our city code to allow the use to turn into a conditional use. Councilman Lundquist: Or can the owner come in and ask, or apply to have that land use amendment to have that zoning changed to whatever it would be. Business district or whatever. Something that would allow that use. Or could he apply for a conditional use that would allow that use over that, on a property that has an interim use permit on it? Maybe I'm asking the question wrong. Mayor Furlong: Anybody can apply for anything they want to. Councilman Lundquist: Okay. Mayor Furlong: What I'm hearing is. Sharmeen Al-Jaff: Yeah…is permitted in the district. Mayor Furlong: Being consistent with the comprehensive plan or our zoning, you're saying this type of use is an interim use, is allowed under interim use permit. Councilman Lundquist: Because we don't allow driving ranges anywhere in this city? Sharmeen Al-Jaff: That's correct. Councilman Lundquist: Is what you're saying. Okay, got it. Mayor Furlong: Well with an interim use permit. Councilman Lundquist: Right. Understand. Yeah. Todd Gerhardt: But Sharmeen, if we were to look at this property and the applicant was to come in and request that it be rezoned to a commercial use, then the interim use it has right now, staff would probably shy away from that because we don't have sewer and water down there yet. Sharmeen Al-Jaff: Correct. Todd Gerhardt: And until such time it would be guided potentially for commercial or an office use. Something that we should be looking at as a part of our 2008 comp plan update, but to rezone it to commercial right now would be difficult because we haven't provided those services and they would you know, that would give him the right to put a commercial or intensify the use of the property without having sewer and water down there. Particular water to kind of protect the area for fires and things like that. Councilman Lundquist: Okay, thank you. 10 City Council Meeting - October 23, 2006 Mayor Furlong: Any other questions of staff at this point? Councilwoman Tjornhom: Thanks Sharmeen. In the report it…is that if this is approved, his building is allowed to expand. That it could then eventually turn into a permanent situation. Sharmeen Al-Jaff: Correct. Councilwoman Tjornhom: How can that be if he only has this permit until 2020? Sharmeen Al-Jaff: It's a concern when, whenever you put in an investment into a property, a large investment, if there is a sunset on the use, how much of an investment do you want to put into this property? How much improvement do you want to put in, and that was the only concern that staff had. We just wanted to bring it to your attention. There is of course the only way the use can turn into a permanent use is if the council approves this. Councilwoman Tjornhom: Okay. Mayor Furlong: Councilman Peterson, questions? Councilman Peterson: I'll do another what if for you. Sharmeen Al-Jaff: Okay. Councilman Peterson: I'll pepper you with what if's tonight. Let's assume that we might approve this building tonight as it is, with materials that you presented. And in 2020 he comes back and asks for an extension of the interim use. But the area now has improved. Has changed it's character and we like, we like the idea of maintaining that business there but we want to upgrade his buildings. At least the façade. I'm assuming that we could make that a condition of approval to either put on, meet city code with the building structures as they are, or not approve it. I'll look to you or Roger for the answer to that. Is that a reasonable condition to extend an interim use in 2020 if we want to? Roger Knutson: I think it would be. I don't know enough about the construction techniques, whether you, how that would work. Whether you can put something on over this material or if you have to tear it off and how would construction but in theory. Councilman Peterson: Yeah. Thank you for your brief answer. Mayor Furlong: Question on the size. You said that the current ordinance allows I think 800 square feet for a structure. He's got a little under 1,000 square feet right now which was approved at the time. Sharmeen Al-Jaff: Correct. Mayor Furlong: Is that correct? Originally because that's what the size of the building was. 11 City Council Meeting - October 23, 2006 Sharmeen Al-Jaff: There are a couple variances that have come in. The first one was the 800 square feet and then following that the applicant came in with the intent of building a second story which he never did, but that required another second story over the club house part. Part of the club house. Mayor Furlong: Was that requested and approved and never followed through on? Sharmeen Al-Jaff: Correct. Mayor Furlong: Or was it, okay. So what was approved earlier was then about twice that size? One was 2,000 square feet? Sharmeen Al-Jaff: Correct. Mayor Furlong: Or 1,800. Okay. Alright. And the, the driving stalls, or the range house that is there that currently has the cover to them, is that considered part of the structure or did that also require, is that just considered normal as a part of… Sharmeen Al-Jaff: That was a separate structure. It was not included with the 1,000 square feet. Mayor Furlong: Okay. Okay, any other questions at this point? We may have some others later on. Okay. Anything else at this point? Okay, thank you. I'd like to invite the applicant to come forward. Mr. Helstrom, good evening. Jeff Helstrom: Hi. Jeff Helstrom with Golf Zone. In 2020 I'll have some really nice landscaping down there. I guarantee that. 10 years ago I set out to build a basically year round driving range where people could come and hit their golf balls. There really never had been one built around and it was successful but I found that over the years I needed to add and adapt and bring in new clientele because the winter just didn't cut it. I added a putting course and I also added a par 3 course, and that really helped bring the families in in the summer, but as the years went on I realized I really needed to get those families in in the winter too. And that's why I came up with this idea to have a literally heated enclosed area that mom and the kids and dad can come down. Dad can hit balls. Mom can be inside where it's warm. You know I don't know if you've been to my place but I have such a small area. It's not even really comfortable for mom to come down there if the kids are hitting balls. There's hardly anywhere to sit. I needed like an extended reception area. A place to do some putting and do some different things. Where the family could come down and enjoy it and do something different other than just hitting balls. And that's why I came up with this idea. Initially I was looking at adding stalls and it didn't bring in that clientele and so that's why I changed my mind and…that's why I'm here. Mayor Furlong: What's going to be inside the building then? In the 11,000 square feet, what's going to be in there? Jeff Helstrom: There'll be a reception area of approximately 1,500 square feet. There'll be an area where we can sit, not only a bar. I have a 3.2 license but we'll have an area with a big screen TV where people can sit. 800 square foot putting green where you can practice putting. 12 City Council Meeting - October 23, 2006 And then there'll be a number of putting holes on the back side. I'm going to have some water features. It's going to be basically like something you have in the summer. It's going to be heated and just a big difference from what I have now. Mayor Furlong: So when you say putting holes, will that be similar to what you have in the front? Jeff Helstrom: Yeah, like a putting course. Mayor Furlong: A putting course. Jeff Helstrom: Yeah, I don't have the exact layout yet but yeah, similar to that. Except artificial grass. And out front I'll have a real grass putting course. So I feel that you know it'd be great to get those people to come in the winter and we have like 400 kids in our junior programs and they just disappear in the winter. We don't see them until next summer and with this we'll you know get them. Get families back in and have a good time in the winter too. Mayor Furlong: Questions? I guess the one question I have that's been tossed around here is, with the current interim use permit, it runs til 2020. Jeff Helstrom: Right. Mayor Furlong: What's your intention at that point? Jeff Helstrom: My intention is to run my business until it's not viable to do so. I would expect that I would continue to run my business. I mean there's so few driving ranges around the cities now. Property gets more expensive and the driving ranges just go away and that's why I built down there. It was an area where I could put up a reasonable structure. Pole barn type structure, which is out there now. That's what I have in my stalls. The same material. And that's what I wanted to match it basically. Tie the whole thing together. But anyways, driving ranges go away and I just thought I could, it'd work great. I could build down there. It's kind of the bottom of the hill. I wasn't really up in Chanhassen. I was able to build with those materials and I'd like to keep it a driving range, but if that doesn't, I mean it just depends on what the market tells me at that point. So kind of a wait and see what happens. Because a lot of the stuff we've talking about, we don't even know what's going to happen. Mayor Furlong: When you say stuff we've been talking about. Jeff Helstrom: In terms of sewer and water, you know if and when that's going to happen. Kind of an open ended question. I don't know whether, there's talk about 101. You know straightening 101 and sewer and water and I don't know what is going to happen and what isn't. Mayor Furlong: And I guess, Sharmeen this is a question. The year 2020 expiration of that interim use was based upon when the city planned to extend utility service to that area. Sharmeen Al-Jaff: Utilities. 13 City Council Meeting - October 23, 2006 Mayor Furlong: Okay. Okay, any other questions? Of Mr. Helstrom. Okay, thank you. Jeff Helstrom: Thank you. Mayor Furlong: Any follow up questions for staff? If not, thoughts or discussion. Councilman Lundquist: Mr. Mayor I'm, as I look at this proposal, I think that right now I'm in favor of motion C. To approve it with the existing construction. Going back and forth between B and C, between should we upgrade the materials, should we not upgrade the materials on the building approval. Being that it's an interim use I think becomes onerous to put that burden on to add additional higher grade construction materials knowing that in 14, 13-14 years potential is it won't be there anymore. So I'm in favor of with doing it on motion C. And I am in favor obviously of putting the use in the building out there. I think it's a great amenity. It is used quite often. It's unique to have out there, and I think it adds something to that part of the city that you know, that's not one of our, one of the areas that I'm, you know that's great to see. We don't have much business down there. We've got a couple, the nursery and the motel. That adds a great feature down there. It brings families in from not just Chanhassen but Chaska and Eden Prairie, Shakopee, all over as well too so I like the idea of keeping that going in the winter as well as bringing more people into the city that way so I'm in favor of motion C. Mayor Furlong: Thank you. Councilwoman Tjornhom: Mr. Mayor, I also, I'm in favor of the overall plan. I have trouble a little bit about what the material is going to be on the building because we as a council have been pretty strict with other people coming into our city and building things. We've kind of held them pretty tight to what the standard should be and while that makes me feel a little uncomfortable, yet it is an interim use permit and in the year 2020, if something happens, I would hate to have a brick building sitting there that has to be tore down. So it doesn't really make a lot of sense I guess to make Mr. Helstrom go to the extra expense of upgrading his plans. It's Minnesota. We live in Minnesota and days on the golf course are limited and obviously he has a thriving business and a service to our community with kids and families learning golf and so if this is going to help him and help them enjoy the game of golf in the winter, then I'm all for it. Mayor Furlong: Okay, thank you. Councilman Peterson. Councilman Peterson: Well I'll follow on the same theme, for a couple similar reasons and a couple different ones. Yeah, I think as you drive into that area you see the current building. The club house which is obviously an older home that looks nice. I had to drive down there today again to look at the driving range because I couldn't remember seeing it. And I was surprised. It's a metal building. And I never saw it. I drive by there. If you asked me how to describe that place before this afternoon I would describe the putting green. I'd describe water features. I'd describe landscaping and here Mr. Architecture Standards, I didn't even notice the building. Because of the architecture. Total lack of architecture. But what that does for me, it reinforces the fact that the building they're going to put up is going to be nicer than what's down there, and it's going to blend into that area. If you look at the drawings, you 're going to have you know 14 City Council Meeting - October 23, 2006 metal siding on part of it, but you're also going to have stone on the bottom third, which will look I think significantly better than the current building so I think to deal with the, does it fit in? I think it will fit in nicely. I don't think it's going to be an eye sore by any stretch of the imagination to that area. And I do think that particularly given, if the area does change in character, by 2020, then we can change the character of the buildings to match that. Whatever that is. So I think that's a reasonable expectation that I think we need to set with Mr. Helstrom this evening. I think it's also important to note that if I vote in favor of, which I believe I will for motion C, that that's not a tertiary approval that he's going to be granted an extension. I think it's important for him to leave tonight, as I think you are, that we can't speak for other councils. We can speak for us and because we approve this building tonight doesn't mean it's going to get approval in 2020. So I think it's important to leave with that so, that being said, you know I think it is a reasonable request and I think it will be a nice asset to Chanhassen. We don't have that now and I think that what we've all said before is that we want to help businesses prosper and bring new things in for our citizens and others to come into the community so I think by approving this tonight we certainly go a ways in that direction. Mayor Furlong: Thank you. My comments about the issue before us this evening. I think as I looked at this and as I had a chance to talk with staff and hear the presentations this evening, the issue that kept coming up for me was this interim use permit. This deadline to operate this business of 2020. So for a second I'm just going to set that issue aside. With that aside, when I look at the request with regard to is it a reasonable request, the variances, is it a reasonable request? Given the business, I think the answer is yes. The business purpose here as I understand is trying to reduce the seasonality of a seasonal business and that is a reasonable request and as Councilwoman Tjornhom mentioned, we live in Minnesota. We've got 3 months of golf and 9 months of bad, you know good sledding and we need to, if there's a way to extend the recreational opportunities through the winter months, I think we should choose to do that. I know Mr. Hoffman's here with our Park and Recreation Department and there are a lot of opportunities so I think the request is very reasonable. I think the use is consistent with our comprehensive plan. As an interim use permit. I'll get back to that in a second. So I think overall it's okay. When I get to the materials then I can't set aside the interim use permit because bringing that back into play, this is a use that at this point, between the property owner and the city has been agreed to that will continue through 2020, at which time the city plans to extend services. Sewer and water services to that area. At that point there may be a higher and better use for the property, both for the property owner and for the city and that's why this is put in place as opposed to a conditional use which can continue on. The concern that was raised in the staff report is as an interim use permit, if there's an expansion of the use, that might reduce the likelihood of the property owner wanting to discontinue when that permit expires. That's where I get to the building materials and say that if we increase the requirement there, if we don't grant the variance on the building materials, we're actually increasing the inertia or the likelihood that that property owner would not want to move forward to a different use. So in a normal situation I probably wouldn't grant any exception for the materials but because it's under an interim use, I feel comfortable looking at that. And also recognizing that in this area of town, for the next 10- 15 plus years, there isn't going to be much in the way of changing most likely. The closer we get to the date that city services come there, there'll be less likelihood to change because of the opportunity to change zoning. For whatever reasons with the stables and the kennels across the way, which aren't too far away, they have similar materials. So I guess I'm comfortable with 15 City Council Meeting - October 23, 2006 materials. The only concern that I have, from what I've heard this evening and Councilman Peterson correctly brought it up and that is the issue of what happens in 2020 and with Mr. Helstrom's comments that he'll wait and see, you know the agreement at the time the approval was made is that this business has an opportunity to operate here on this property through 2020, and I like Mr. Peterson would not want to in any way suggest that there's a tacit endorsement or a pre-approval to extending that because of this. That's a, this is a business decision that Mr. Helstrom needs to make in terms of investing in his property so as to, for the business needs to serve his customers. To reduce the seasonality of the business, recognizing that there's that risk there. And that's for a council at a future date to decide whether it's a request to continue. To get back to Councilman Lundquist said I think property owners can request anything at any time, and that's really the property owners, the staff, the residents and other business owners, property owners around the area and the councils to all consider so I feel comfortable going forward here. My only hesitation was with the response to my question, what's the intention in 2020? We're not there. I think for the next 14 plus or minus years I think this is a reasonable use. A reasonable request that's laid out in motion C as Councilman Lundquist stated. But the record needs to show that this is no way an endorsement for an extension of the IUP or a change to a permanent use, at least on my part, and I didn't hear that from anybody else. Heads nodding as well. Let that be decided at the time when all the facts and circumstances are known. At the time that it becomes an issue. This is not a, I believe it's reasonable for us to move forward here this evening with that understanding between the property owner and this current council and staff. That being said, if the direction is, and Councilman Lundquist spoke about motion C. If I understand Councilwoman Tjornhom, Councilman Peterson, you also would agree with C. I would guess I'd ask Mr. Knutson and staff, do the findings of fact based upon our discussions here support us adopting motion C this evening or can they be written and the comments submitted be added and such that we can move forward this evening...findings of fact. Roger Knutson: You have a findings of fact for approval. I don't think there was anything inconsistent with C in the findings. Sharmeen Al-Jaff: No there isn't. Roger Knutson: Okay, so you could adopt the findings for approval. Mayor Furlong: Okay. Alright, and do those findings, would that be consistent with the issue…Councilman Peterson with regard to no tacit endorsement or no pre-approval for change or an extension of anything. Roger Knutson: Mayor, that is correct. There is nothing in here that extends it. Not one day. Mayor Furlong: Okay. And so the minutes of this meeting obviously will reflect the intention of the council there as well. Okay. Any questions or comments? Sharmeen Al-Jaff: I made the statement earlier and I would like to correct myself. I said that the kennel, commercial kennel was a conditional use. It is an interim use permit. Mayor Furlong: Okay. Okay, thank you. 16 City Council Meeting - October 23, 2006 Sharmeen Al-Jaff: Thank you. Mayor Furlong: And thank you because that was consistent with my understanding and another reason that I think from a material standpoint, they're going for an interim use. Being a little more relaxed on materials I think is a, not only helps the property owner but it helps the city as well. Because of that being an interim use permit. Okay. Anything else? Any other comments? On this. If not, is there a motion to proceed? Councilman Lundquist. Councilman Lundquist: Mr. Mayor, I would move that the council approve motion C as published with conditions 1 through 13 and adopt the findings of fact for approval as printed in the council packet. Mayor Furlong: Thank you. Is there a second? Councilman Peterson: Second. Mayor Furlong: Made and seconded. Any discussion on the motion? Motion C plus the approval of the findings of fact. Councilman Lundquist moved, Councilman Peterson seconded that the City Council approves the Site Plan and Amendment to Interim Use Permit #98-2 for the construction of an 11,100 square-foot addition to the principal structure requiring a 10,300 square-foot building area Variance from the 800 square-foot building area restriction for the golf driving range principal structure and a second variance request for the use of steel paneling as the primary exterior material on property located in the Agricultural Estate (A-2) District at 825 Flying Cloud Drive, as shown on the plans prepared by Structural Buildings Inc. dated September 11, 2006, and as shown on the plans prepared by Anderson Engineering of Minnesota, LLC dated September 11, 2006 and adopting the findings of fact, with the following conditions: 1.The eastern wall of the proposed building lies over the well. Verify the location of the well. Per Minnesota State Statute 4725.2185, walls must be minimum three feet horizontally from the farthest exterior projection of a building, including walls, roofs, decks and overhangs. Refer to Minnesota State Statute 4725.2175 for requirements to house a well within a structure. 2.Note the top of curb elevation of the parking area north of the proposed building. Verify that the proposed grade in this area will not exceed 3H:1V. 3.Show the proposed pedestrian access to the new building. 4.Note what the existing structure is west of the building and include a note whether this structure is to remain or will be removed. 5.Note the FFE of the existing building. 17 City Council Meeting - October 23, 2006 stnd 6.Delete or update the note on the plans that state the FFE of the 1 and 2 office buildings. 7.Permits must be obtained for the construction of, alteration of, or occupancy use changes to any buildings on the site. 8.The on-site sewage treatment system must be of complying design and of sufficient capability for the existing and proposed facility. An assessment of the existing individual sewage treatment system must be provided, in the permit application documents, verifying that the existing system is of sufficient capacity for the additional usage or a design increasing the system capacity must be provided. Such assessment and/or design to be by a licensed ISTS designer. 9.The applicant shall install a rain garden within the proposed swale on the north and west sides of the proposed addition. Plantings to be incorporated include trees, shrubs and perennials. A revised landscape plan shall be submitted to the city for approval. Note the proposed spot elevations along the rock swale. 10.The floor plan must be revised to show ten 5’ x 8’ windows, two 5’ x 5’ windows and three 4’ x 4’ windows on the northern façade and the exterior elevations must be revise to show four 5’ x 5’ windows on the western façade. 11.Any rooftop mechanical equipment must be screened from public view. 12.A trash enclosure must be shown on the site plan. 13. One additional parking stall is required.” All voted in favor and the motion carried unanimously with a vote of 4 to 0. COUNCIL PRESENTATIONS: Councilman Lundquist: Just like to thank Todd, Paul, Laurie and Todd, Sharmeen for the tour this evening. Going out and seeing the water treatment plant moving along. There's, making great progress there and I should, as they stated, start making water some time in the, not making water but treating water in late winter, early spring. So it was great to see that. Great to get out to do some of the tours of the new developments going along on the highway, along the highway and the Town & Country development as well. Took a ride down the road there so it was good to put eyes on that versus looking at it on plans and paper as well too so Todd, staff thanks for pulling that together. It was good to get out and see that. Todd Gerhardt: Sure. We need to do more of that. Get you out and show you accomplishments and follow through. Mayor Furlong: Yeah, thank you for bringing that up. I fully agree and you took my comment as well. Because I think it's very helpful to get out and see things that we talk about and it's very 18 City Council Meeting - October 23, 2006 interesting to see how well things are progressing throughout the city that we saw today so thank you for your time and efforts on that. Agreed. Any other comments? Discussions? ADMINISTRATIVE PRESENTATIONS: Todd Gerhardt: Just going to follow up after this we're going to go through budget in the Fountain Conference Room regarding Admin and Park and Rec. And also give you an update on the proposed dog park at Carver Regional Park. So, the Minnewashta Regional Park. It's run by th Carver County. And I do have, see if you're available on November 20. This is an off Monday but, to have a meeting with the Riley-Purgatory-Bluff Creek Watershed District to talk about the Bluff Creek study. This has kind of been a lingering issue out there and we kind of want to put this to bed and work with the watershed district to come to a conclusion on kind of the findings in that study and right now we're both, have different findings of how Bluff Creek should be monitored so, so if I could have the council in attendance that evening I think we can come to th some conclusion on that. So we are looking at November 20 at 7:00 works for the watershed district and if you can make an off Monday night I'd appreciate it. Councilman Lundquist: Do you need a quorum there? Todd Gerhardt: Do not need a quorum. It is an update. Councilman Lundquist: That's the Monday before Thanksgiving right? Todd Gerhardt: Yes it is. Mayor Furlong: Why don't we check our calendars and let Mr. Gerhardt know our availability and if we can make it. Todd Gerhardt: I can send out an email reminder and if you respond back to that if you can or cannot attend and then we can let the watershed district know how many people will be in attendance. Mayor Furlong: Okay. Any questions for Mr. Gerhardt? Okay. Todd Gerhardt: Oh, one last item. I did include in the correspondence package, which you're probably going to go to, there are some Sunday participation numbers at the library. We will try to get you to date on the rest of the week, but we did have a meeting, Laurie and I with the library and they were very proud of the numbers of people attending the library on Sundays and we'll get you some comparisons on the rest of the week but they're very proud of those and we wanted to share them with you. Mayor Furlong: I understand we have a new librarian. Head librarian for the Chanhassen Library, is that correct? Todd Gerhardt: That's correct. And I got to meet her and I think we'll be bringing her in in the next couple of months so the council can meet her and introduce her to you and, she's you know 19 City Council Meeting - October 23, 2006 doing a great job over there and energetic and wants to try some new things so I think we're going to be well served. Mayor Furlong: Great. Good to hear. CORRESPONDENCE DISCUSSION. None. Mayor Furlong: I'm taking a leap here, there might be some students in the audience here tonight. Coming and attending meetings. We have a sign up list over here. Be sure to get your name on that so you get credit for being here this evening, if you would. If that's important to you. Is there anything else to come before the council this evening? Councilman Lundquist moved, Councilman Peterson seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 4 to 0. The City Council meeting was adjourned at 8:00 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 20