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CC Minutes 10-10-2016Chanhassen City Council – October 10, 2016 Sarah Lietz: Okay that’s good. That’s good to hear. I just wanted to clarify because I heard a couple of different things and is that your decision then or is parks and rec? Who makes that final call? Mayor Laufenburger: I would say that the City Council will make that final call because of the visibility of this. Because of the nature of this. The City Council would make that final call but Mr. Hoffman is doing his job by exploring options and presenting those options to the council. Sarah Lietz: And that’s great and I think there’s a lot of great ideas out there. I too very supportive of archery. My husband and I both own bows. It would be great if it could stay in our back yard but it is not safe to be in our back yard so I appreciate the comments during the work session as well. Mayor Laufenburger: Alright thank you. Sarah Lietz: I also wanted to let you know I did start an online petition recently and it already has 25 signatures on it. Mayor Laufenburger: Good. Sarah Lietz: I don’t know if you want a copy of it or if you’d like me to email that to you or what you would like. Mayor Laufenburger: You can let Mr. Gerhardt have that information and he’ll make sure that City Council has that. Thank you Ms. Lietz. Sarah Lietz: Thank you. Mayor Laufenburger: There being no other visitor presentations I will close visitor presentation and I want to say especially thanks to Sarah Duffey for being here this evening. Future council member perhaps. Alright. Let’s move to the next item on our agenda. PAISLEY PARK MUSEUM REZONING, SITE IMPROVEMENT PERFORMANCE AGREEMENT, AND PARKING RESOLUTION. Mayor Laufenburger: Mr. Campion you made that, you made the modification so I’m going to turn to you and ask you in accordance with strict adherence to Robert’s Rules of Order I’m going to ask that you make a motion. If there is a second then we will conduct discussion on the motion. Councilman Campion: Okay. Mayor Laufenburger: You comfortable with that? 8 Chanhassen City Council – October 10, 2016 Councilman Campion: I think so. Todd Gerhardt: Mayor, council. Just to. Kate Aanenson: Can I give an update? Yeah. Todd Gerhardt: Help council member Campion I’m having out some new site plan improvements, the resolution and modifying the no parking on McGlynn Drive and also a copy of the proposed ordinance. Kate Aanenson: If I may Mayor then. Mayor Laufenburger: Okay go ahead. Kate Aanenson: Based on your comments. Councilwoman Tjornhom: If I could stop you, we’re one short when it comes to the ordinance amendment. Todd Gerhardt: Here we go. Kate Aanenson: Make sure everyone’s got one. So based on the comments in the work session the PUD ordinance was modified. Again busing only until the entire parking lot’s completed which would be, appears to be next spring sometime. We also added the landscaping requirement along the east side of Audubon. Some of the conditions went away that had been met. I think that’s the just, I’m not sure if I missed anything else Roger on the PUD. Roger Knutson: On the PUD ordinance the only change is in paragraph, on page 2, paragraph E with the addition of paragraph 5 on the landscaping. And paragraph F, parking was rewritten. We had steps before you could do this, that and the other thing. Now we’re requiring this requires all the parking improvements to be constructed including the 230 spaces and until everything is constructed provides, until all the parking requirements have been constructed all access to the site shall be by bus with the exception of handicapped, employees, press and contractors. Councilman Campion: Okay. Mayor Laufenburger: Okay before I restate that to you Mr. Campion, we now have in front of us a revised ordinance. A revised Site Improvement Performance Agreement. By the way the ordinance includes a Findings of Fact is that correct Ms. Aanenson? Kate Aanenson: Correct. Your motion would, yeah. 9 Chanhassen City Council – October 10, 2016 Mayor Laufenburger: Okay. So we have in the one document we have stapled together the ordinance, Findings of Fact, the Site Improvement Performance Agreement, and the resolution establishing a no parking zone on McGlynn Road from Audubon Road to the cul-de-sac. Kate Aanenson: Correct. If I may mayor then on the Site Improvement Performance Agreement what was added would be under required improvements would be landscaping be planted along Audubon per the PUD. Councilwoman Ryan: So you’d take out 2D? Kate Aanenson: No 2D. Councilwoman Ryan: Of the performance agreement. Kate Aanenson: No they’d still have to be, all those sidewalks, internal sidewalks. Councilwoman Ryan: Oh internal sidewalks. Kate Aanenson: And that may be resolved the way they’ve laid it out it looks like that may be resolved. We did find internal sidewalks but if there needs to be some, yeah. That could. Mayor Laufenburger: Okay. Kate Aanenson: But this sidewalk is not external so if you want to clarify that. Councilwoman Ryan: Well I thought because I thought that we were taking the sidewalk was going to go away on the east side of. Kate Aanenson: Yeah this was an internal one. Actually when we walked the site last, a week ago there is an internal sidewalk there between where the customers come out and where they go around to the front so. Councilwoman Ryan: So can we just clarify that? Kate Aanenson: Yeah I think the issue there was walking between the two but there is a place for that to happen so if you want to strike that that’s fine. Councilwoman Ryan: Or just identify where the sidewalk. Kate Aanenson: Internal. Let’s put internal sidewalks. Councilman Campion: So if I. 10 Chanhassen City Council – October 10, 2016 Mayor Laufenburger: Just a moment. Ms. Aanenson I just, I want to clarify something. Kate Aanenson: Correct. Mayor Laufenburger: You have provided an additional item that was not in the original PUD discussion and that is this establishing a no parking zone on McGlynn Road from Audubon Road to the cul-de-sac. Kate Aanenson: That’s correct. Mayor Laufenburger: Right? Okay. Mr. Knutson, I’m not opposed to that being subject of discussion tonight but I’m uncomfortable that we’re adding that to something that was not on the agenda earlier. Give me your thoughts on that. Roger Knutson: You certainly can add it if you chose to. If you’re not comfortable doing it you don’t have to. This is not something we need an agreement on by the, by Paisley Park. This is. Mayor Laufenburger: This is a public thoroughfare. Roger Knutson: Right. Mayor Laufenburger: This is city authority. Roger Knutson: Right, this is your jurisdiction. You can adopt it tonight or you can adopt it any night you want to and you can repeal it at any time you want to for that matter. Mayor Laufenburger: Okay. Alright. Todd Gerhardt: Public hearing isn’t required mayor. Mayor Laufenburger: It is not required? Roger Knutson: It is not required. Mayor Laufenburger: Okay. Mr. Campion let me return to you for just a moment. You have a motion in front of you on the screen in front of you that does not include the resolution on the no parking zone right? So I’m. Kate Aanenson: I added it. Todd Gerhardt: It’s in the second sentence. 11 Chanhassen City Council – October 10, 2016 Mayor Laufenburger: Is it identified in here? Kate Aanenson: Yeah. Councilman Campion: As the parking resolution. Kate Aanenson: Parking resolution. Mayor Laufenburger: Where is that? Todd Gerhardt: Look on your screen. Kate Aanenson: It’s on the screen. Councilman Campion: Last line. Mayor Laufenburger: Oh and parking resolution. Okay so it’s been added and it would be your choice if you would like to make this motion as it showed on the screen or you can make any motion you choose but I’m turning to you because you were the one that asked for the modification to the agenda. Councilman Campion: Okay. Yeah personally I would like it included so I like it as written. Mayor Laufenburger: You make your motion as you choose. Councilman Campion: So I move that the city, the Chanhassen City Council approves the rezoning of Lot 11, Block 1, Chanhassen Lakes Business Park from Industrial Office Park (IOP) to Planned Unit Development (PUD) and adoption of the attached PUD ordinance, Site Improvement Performance Agreement, parking resolution and Findings of Fact. Mayor Laufenburger: Okay thank you Mr. Campion. Mr. Knutson do we have a valid motion? Roger Knutson: Mayor you do. Mayor Laufenburger: Alright, thank you. Is there a second to this motion? There being no second this motion fails for lack of a second. Is there any other action the council would like to take tonight? Roger Knutson: Mayor if you’re not going to take action I suggest to make things clear that you table action on this. Mayor Laufenburger: Is that motion still in effect? That action still in effect? 12 Chanhassen City Council – October 10, 2016 Roger Knutson: No. Since you’ve already, there’s a motion been introduced. I think just to make things perfectly clear you want a motion to table if that’s what you want. Mayor Laufenburger: Well I’m trying to understand council’s interest here. Earlier there was a suggestion to modify the agenda and that was approved and I can only assume that council is not comfortable with the motion that was made. Is there any other motion that would like to be made? Councilwoman Tjornhom: Mr. Mayor I’d like to make a motion that we once again table this until our next council meeting. th Mayor Laufenburger: Okay. And that would be October 24. Councilwoman Tjornhom: Correct. Mayor Laufenburger: Okay. Is there a second to that motion? Councilwoman Ryan: Second. th Mayor Laufenburger: Alright we have a motion and a second to table this until October 24. Is there any discussion? Councilmember Ryan. Councilwoman Ryan: There is. Is there a opportunity, because I’ll speak to your question mayor because I know we had a lengthy work session around it and got a lot of answers, or questions answered. Is there an opportunity to grant another temporary permit for other days or is that open for discussion? And the reason why I’m asking is because I think we, my biggest concern after what I saw on Saturday is I think that there needs to be more understanding of the traffic impact. Whether it’s buses coming down Park Road. Coming off of 5. Some of the back up’s. Some of the confusion that I saw I think it’s important, I understand that part of seeing that is going to be having the museum open and so instead of waiting for it to be, to rezone and have it permanently be open if we could have those traffic studies set up and have a better understanding of the impacts to that area while it’s, while it’s operating under a temporary permit, I think that would be really helpful to me to have a better understanding of you know what’s being reported back to staff and then we get that report so we can make better decisions based on the impact to that area versus just rezoning everything and moving forward, let’s really take a look at what the impact is with some of these new bus routes and what not. Councilman McDonald: Mr. Mayor? Mayor Laufenburger: Mr. McDonald. 13 Chanhassen City Council – October 10, 2016 Councilman McDonald: What it sounds like Councilwoman Ryan is proposing is another motion and I guess I would encourage her to put it that way because that is another option so that would be another motion on the table to deal with this. Mayor Laufenburger: Well the truth is, we have an active motion to table. Table this action and so we will act on that first and then another motion could be made, is that correct Mr. Knutson? Roger Knutson: That’s correct Mayor. Mayor Laufenburger: Okay so let’s, I want to try to answer your or get an answer to your question. Mr. Gerhardt what are the options available to this council to grant the equivalent of a temporary status for a period of time to explore this and I think I believe Councilwoman Ryan’s concern is, let’s see what happens before we grant a permanent status, is that correct? Councilwoman Ryan: Correct, yes. Mayor Laufenburger: Okay so Mr. Gerhardt what are some options for us? Todd Gerhardt: Mayor, council. I granted a 3 day temporary event permit to Paisley Park. I do not feel comfortable granting another temporary. If the council would like to grant another temporary permit you could take that action up tonight. You would have to modify your agenda to do that. Mayor Laufenburger: Okay so what you’re saying is you acted administratively within your authority to grant 3 days of special permit or temporary permit to conduct Paisley Park as a museum, is that correct? Todd Gerhardt: That’s correct Mayor. Mayor Laufenburger: And you don’t feel that it’s in your administrative authority to grant that any further? Todd Gerhardt: No I do not. Mayor Laufenburger: So you’re asking council, if council wants to grant you that authority. Todd Gerhardt: No I’m saying if the council would like to give a 3 day permit they could do that. Mayor Laufenburger: How about a 4 day? How about a 4 day permit or a 5 or a 6 or a 7 day? Todd Gerhardt: That would need to get direction from the City Attorney. 14 Chanhassen City Council – October 10, 2016 Mayor Laufenburger: Mr. Knutson is that, is that latitude that the City Council has? Roger Knutson: I’ll have to look at your city code. Mayor Laufenburger: Okay. Councilwoman Tjornhom: Mr. Mayor if I may. Mayor Laufenburger: Yes Councilwoman Tjornhom. Councilwoman Tjornhom: I made the motion to table it. I first did not support the resolution or adding it onto the agenda to start with and I think one of my main reasons why is, excuse me. I’m suffering from a cold. When we started this work session we held it in this room for the reason because the public needed to be here. We wanted to make sure they had room to be here. Mayor Laufenburger: Right. Councilwoman Tjornhom: But it was expressed to them that it was just a work session. Very informal and we asked them to please be silent while we conducted our business and we had discussions with staff, applicant and council. Mayor Laufenburger: Sure. Councilwoman Tjornhom: Once that happened then all of a sudden that door got closed for anybody else to make any sort of opinion or suggestion because. Mayor Laufenburger: Wait, when you say anybody else you mean anybody in the public, is that what you’re saying? Councilwoman Tjornhom: Yeah because you know they, the residents heard that we were going to put it on the agenda and I think they just assumed that it was going to pass and so we lost out on that opportunity for our residents to tell what they’re thinking. What they want for our community, especially because a lot of them lived through it this weekend and then to have us just shut it down after we told them relax. It’s just a work session. Informal discussion. And then changing the rules I think that was not acting in the best public policy. Mayor Laufenburger: When you say changing the rules to what are you referring Councilwoman Tjornhom? Councilwoman Tjornhom: Well this was a work session. Mayor Laufenburger: Are you referring to my opening comments? 15 Chanhassen City Council – October 10, 2016 Councilwoman Tjornhom: (Yes). Mayor Laufenburger: Okay, alright. Councilwoman Tjornhom: Because we did not say this is subject to change at any time so please stay here because then we will have during our normal council agenda have opportunities for you to come and speak. They were not alerted of that and so I just think this is being, I’ve always said it’s been rushed from the start and now it’s being rushed even further because we’ve all been, as we discussed inundated with emails and it’s emotional. It’s emotional reading the people that have planned honeymoons. Vacation. They’ve spent thousands of dollars on not just tickets to Paisley Park but on hotels and car rentals and airfare and so I think we all feel a need to help them at some point but I think we first need to make sure, as I said last time at this meeting, that we need to get it right the first time and so I just feel there’s a little injustice done tonight by having a work session. Telling people they can’t talk and then they left. I just think due process was not done. Mayor Laufenburger: Okay I appreciate your comments regarding that Councilwoman Tjornhom. I think it’s important to note that when we have work session there are people that often come to that work session but they often come to listen and generally speaking, don’t ask me to put a percentage on this but generally speaking the public does not participate in that and there are other ways that the public does participate in the process that we have. Before I…your comment further I am absolutely not opposed to public comment but I am in my responsibility, I have a responsibility to conduct a meeting in a manner that is orderly and efficient and I think I rd was very generous with public comment on October 3. Cut off no public comment and that was during a session when it’s not required that we conduct a public hearing so while I appreciate your opinion I don’t happen to agree with you about the public process. Would anybody else like to make a comment about that? Mr. Campion. Councilman Campion: I would like to comment. I was under the impression that I was following due process. That that was the process to get it back on the agenda. We discussed it at the work session. We shared opinions. It sounded like there was, though we don’t vote at work sessions it sounded like there was some agreement that you know going to a busing only option until the parking improvements were made. There was some buy into that. At least it was something that appealed to me. That’s why I brought the motion. Obviously we’ve been in communication with many from the public. Hundreds of emails I would say and phone calls over the past week so I guess I object to the comment that we’re not following due process. And I would say that indefinitely tabling this, how do you know when it’s going to be on the agenda? Mayor Laufenburger: Well the motion, just to clarify the motion states. Councilman Campion: But I’m saying prior to, prior to tonight it was simply open ended right? Mayor Laufenburger: That’s true. 16 Chanhassen City Council – October 10, 2016 Mayor Laufenburger: That’s true. Councilman Campion: It was indefinitely tabled and so at that point I was trying to get it back on the agenda. Mayor Laufenburger: Anybody any other comments? Todd Gerhardt: The public hearing was held at the Planning Commission level. That’s the time when the public can add their comments. Mayor Laufenburger: Public hearing. Public hearing. Just a moment. Anybody else? Mr. McDonald or Ms. Ryan want to make any comment? Councilman McDonald: Well I’d like to hear what Mr. Knutson found. Mayor Laufenburger: Okay, Mr. Knutson. Roger Knutson: Mayor, members of the council. Pursuant to city code Section 6-3 you could issue the permit. Mayor Laufenburger: We could issue a temporary permit. Roger Knutson: Yes. For a period of time you think is appropriate. Mayor Laufenburger: Okay, well that’s good to know. Councilwoman Ryan: And do we have to identify the number of days or just a temporary permit and then that’s discussion between staff and the applicant? Roger Knutson: If you’re going to issue the permit you have to say what period it covers. What days it covers. Mayor Laufenburger: And is it possible to stipulate that being up to an end date? Anything we want. Roger Knutson: Word it the way you want. Mayor Laufenburger: Okay, alright. Any other comment on the motion to table this action until th October 24? Okay we have a motion and a second to table this action. Councilwoman Tjornhom moved, Councilwoman Ryan seconded that the Chanhassen City Council table the rezoning of Lot 11, Block 1, Chanhassen Lakes Business Park from 17 Chanhassen City Council – October 10, 2016 Industrial Office Park (IOP) to Planned Unit Development (PUD) and adoption of the attached PUD ordinance, Site Improvement Performance Agreement, parking resolution and Findings of Fact. Councilwoman Tjornhom voted in favor, the rest voted in opposition. The motion failed with a vote of 1 to 4. Mayor Laufenburger: That motion fails. Councilwoman Ryan: Mr. Mayor I’d like to make a motion please. Mayor Laufenburger: Councilwoman Ryan. Councilwoman Ryan: I would like to make a motion that we issue. Mayor Laufenburger: Just before you do this, just make sure you state your motion and not the arguments why or not okay. Councilwoman Ryan: Correct. I’d like to make the motion that the Chanhassen City Council issues a temporary permit to Paisley Park, should I identify exactly the? Mayor Laufenburger: How about Bremer Trust? Councilwoman Ryan: Yeah who do we issue the permit to? Bremer Trust? Mayor Laufenburger: Kate who. Todd Gerhardt: It’s in the sign page of the site plan agreement. I don’t have one. Roger Knutson: Mayor can I ask a question? Under the administrative permit how many days can you issue them for? Kate Aanenson: Did you say Chapter 6? Roger Knutson: 6-3 doesn’t apply. Kate Aanenson: Thank you. Roger Knutson: That’s water permits. Kate Aanenson: Okay right. Roger Knutson: Under administrative permits how many days do you allow? 18 Chanhassen City Council – October 10, 2016 Kate Aanenson: Typically we do 15 but they can only be so many consecutive so going back to what Mr. Gerhardt said would be the correct interpretation so we would, you can only do so many consecutive because then it’s no longer a temporary event so historically if they would have maybe 11 left, to only let so many do a year. For example you typically maybe do one a month but, so historically we’ve done, you can do so many consecutive days. Usually not more than 72 hours concurrently so. Roger Knutson: And how many a year? Kate Aanenson: 15. Roger Knutson: So that’d be my recommendation. Kate Aanenson: They’ve already used 3 of them so. Roger Knutson: So 12 more days. Kate Aanenson: Yeah. Mayor Laufenburger: Just to clarify. That would be an administrative permit correct? Roger Knutson: You’re directing. Mayor Laufenburger: Okay. Maybe what we need to do is you make your motion and we’ll discuss it okay. Todd Gerhardt: Paisley Park. Councilman McDonald: It’s Paisley Park Facilities LLC. Councilwoman Ryan: Okay thank you. I’d like to make a motion that the Chanhassen City Council issues Paisley Park Facility LLC a temporary permit for 12 days. Mayor Laufenburger: And this is a permit to do what? Councilwoman Ryan: Operate the museum with busing only. Mayor Laufenburger: Okay. So your motion is that the Chanhassen City Council grant to Paisley Park Facility LLC a temporary permit for 12 days to operate the museum with busing only. Roger Knutson: Do you want to make an exception for handicap, press, contractors and employees? 19 Chanhassen City Council – October 10, 2016 Councilwoman Ryan: Yes. Councilman McDonald: That was my question. If you except that for Uber and taxis. Councilwoman Ryan: Yes, yes. Mayor Laufenburger: Okay. I believe we have a valid motion. Is there a second to that motion? Councilman McDonald: I’ll second it. Mayor Laufenburger: Mr. McDonald thank you very much. Now any discussion? Councilman McDonald: Yes Mr. Mayor. Mayor Laufenburger: Mr. McDonald. Councilman McDonald: Okay we have a motion now for at least 12 days worth of operation. At what point would the criteria be to bring it back to council to again look at whether or not we make it permanent? Is there any thought on that? Mayor Laufenburger: Well here’s how, do you want to try to interpret that for us Mr. Knutson? I mean what happens after 12 days? Roger Knutson: Then they no longer have a permit to do it. Mayor Laufenburger: Okay so after 12 days they no longer have a permit and then would they have to make reapplication for a PUD or does the application for PUD remains in place? Roger Knutson: It remains in place. You’ve not acted on it. You’ve not said yes. You’ve not said no. It’s pending. Mayor Laufenburger: Okay so the motion to act on the PUD, because it did not receive a second, it remains an application with the City? Roger Knutson: Yes. It has not been decided. Mayor Laufenburger: Okay, alright. Does that answer your question Mr. McDonald? Roger Knutson: And even to make that even clearer, whether this motion passes or not, if you’re not going to act on the PUD tonight I suggest you move to table action on these items. Mayor Laufenburger: Oh on this, on this specific item that’s on the screen. 20 Chanhassen City Council – October 10, 2016 Roger Knutson: Yes. Mayor Laufenburger: Okay. If we don’t table it what would happen? Roger Knutson: I would recommend you do that otherwise there might be some ambiguity. Mayor Laufenburger: I see, okay. Alright. Mr. McDonald I think you still have a question? Councilman McDonald: I think I got my question answered. I think what it comes down to is I’m looking for an end date and I guess there is no answer to that. Mayor Laufenburger: Well I perhaps I would disagree and Mr. Knutson I need you to listen carefully to this. While I appreciate that the administratively 12 more days are left in the 15, isn’t it true that the City Council could say temporary permit to operate until end date? Roger Knutson: 15 days is it. Mayor Laufenburger: That’s all we, that’s the only authority that we have? Kate Aanenson: That’s correct. Mayor Laufenburger: Okay. There that’s your end date Mr. McDonald. Your end date would be 12 more days of temporary permit and as far as what those days are Ms. Aanenson I believe you, when the application was made you told them that they could choose the 3 days, is that correct? Kate Aanenson: That’s correct. Mayor Laufenburger: Okay. Councilman McDonald: So at this point they can choose 12 days between now and December rd 23 if I understand correctly because. Todd Gerhardt: If that’s included in Councilmember Ryan’s motion. Councilman McDonald: Well what happened to the motion that got tabled last time? There was a deadline put on that one. ndrd Roger Knutson: That’s, if I remember right it’s about December 22 or 23. rd Councilman McDonald: 23 yeah. 21 Chanhassen City Council – October 10, 2016 Roger Knutson: So you have to act on their application by that date or it’s deemed approved. rd Councilman McDonald: So the end date’s December 23. They can have any 12 days between now and then if that’s what they so choose, am I correct in that assumption? Mayor Laufenburger: Then let’s handle this properly. We have a motion right now that says that the, that the City Council approve the temporary permit to operate the museum by busing for 12 days. By busing with the exception as noted. That’s the motion that we have right now and if you want to put the motion, those 12 days be used or that the temporary permit not be issued rd after December 23 that would be an amendment to this motion. But before you do that I would like, I don’t want to deter your amendment Mr. McDonald but I would like to hear from some other council members first. Are you okay with that? Councilman McDonald: I’m fine with that. Mayor Laufenburger: Okay. Thank you to those people in the council chambers for allowing us the opportunity to do this right. Is there any other comment regarding the motion? Councilwoman Tjornhom: Mr. Mayor this just to me seems, and forgive me for being so informal but really sloppy policy making. We either confirm it or we deny it but stretching it out rd until December 23, I just think it’s not fair to the applicant. It’s not fair to us. It’s not fair to the residents. I think we could make a valid choice by our next council meeting and that would really end this and people could then move on either with Paisley Park carrying on or else it didn’t. Mayor Laufenburger: As a museum or not. Councilwoman Tjornhom: Yep. Yep and so I just think that while I respect the motion that’s being made I just think it’s in everyone’s best interest to just go back to settling this at the next council meeting like should have happened at the very beginning tonight. Mayor Laufenburger: Okay. Councilwoman Ryan did you want to make a comment? Councilwoman Ryan: I did and I know that we decided on 12 days because they only used 3 but th in looking at my calendar our next meeting is October 24 so that’s within 14 days so if we give, granting them the 12 day permit they could operate the facility for the next 12 days. They could give us, or collect information that we’re looking for, or that I’m looking for in terms of traffic th impacts to the area and then, and why I seconded your motion the first time on the 24 is because I don’t want this to keep going on and on. I think people do deserve an answer. Our community does. The people traveling from all over. The management team. Staff. Everybody deserves that so I think by collecting information over the course of the next 12 days which then th would still fall in the 14 days we could get this back on our agenda by October 24. Have some real information that I think we’re all looking for and then we can, or at least what I’m really 22 Chanhassen City Council – October 10, 2016 looking for, I can make an informed decision on the impact to the community. We can hear from th people and then we can make that decision on the 24 and that’s why I said 12 days because it was the most we could do but it still fell within the 14 of the 2 weeks. Mayor Laufenburger: Okay. Councilwoman Ryan: So I could change my motion to say you know for the next 12 days with bringing it back to council on October. Tabling it. I wonder if I can make. Mayor Laufenburger: No. We’re going to deal with one motion at a time Ms. Ryan. Councilwoman Ryan: Okay. Mayor Laufenburger: So if, so you’re essentially advocating that let’s leave it at 12 days. Let the operator choose what those 12 days are and then you’re also inclined to in the future, maybe perhaps even later tonight stipulate a time that we act on this but you’re in favor of just leaving it at the 12 days. Councilwoman Ryan: Right. With the encouragement of using those 12 days within the next 14. Mayor Laufenburger: Okay. Anybody else? Mr. Campion. Councilman Campion: I support that. Councilman McDonald: Mr. Mayor then are you willing to accept an amendment? Mayor Laufenburger: Well you can make your amendment and the council will decided whether or not they will accept it. Councilman McDonald: I would like to make a friendly. Mayor Laufenburger: Just call it an amendment. Councilman McDonald: I’ll make an amendment to Councilwoman Ryan’s motion that this th does come back to the council at our next meeting on the 24 for resolution and that the 12 days permit be issued and the operator can choose which 12 days within the next 14 they choose to operate. Mayor Laufenburger: Alright. Before I mention whether we have a valid amendment Mr. Knutson, does that satisfy your, is the language of Mr. McDonald’s amendment to this motion satisfy your need to have a definitive date? 23 Chanhassen City Council – October 10, 2016 Roger Knutson: Mayor I think it does but just to be clear on the amendment. Councilmember what you’re saying is, the PUD rezoning, site findings would all come to your next City Council meeting as part of your motion. You can do that. Councilman McDonald: Yes Mr. Knutson. Mayor Laufenburger: Alright. So we have an amendment stipulating that the PUD, Site Improvement Performance Agreement, parking resolution and Findings of Fact return to the th council on October 24. Is there a second to that amendment? Councilwoman Tjornhom: Second. Councilman Campion: Second. Mayor Laufenburger: Councilwoman Tjornhom spoke first Mr. Campion. Councilman Campion: Which is fine. Mayor Laufenburger: Alright is there any further discussion on the amendment? We’re voting only on the amendment at this time. Councilman McDonald moved, Councilwoman Tjornhom seconded that the Chanhassen City Council approve an amendment to table the rezoning of Lot 11, Block 1, Chanhassen Lakes Business Park from Industrial Office Park (IOP) to Planned Unit Development (PUD) and adoption of the attached PUD ordinance, Site Improvement Performance Agreement, parking resolution and Findings of Fact to October 24, 2016. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Laufenburger: The amendment carries. The motion now reads grant a temporary permit th for 12 days and return the PUD action to the council on October 24. Is there any further discussion on the amended motion? Councilwoman Ryan moved, Councilman McDonald seconded that the Chanhassen City Council grant to Paisley Park Facility LLC a temporary permit for 12 days to operate the museum with busing only, with the exception for handicap, press, contractors, employees and taxis, and with the amendment totable the rezoning of Lot 11, Block 1, Chanhassen Lakes Business Park from Industrial Office Park (IOP) to Planned Unit Development (PUD) and adoption of the attached PUD ordinance, Site Improvement Performance Agreement, parking resolution and Findings of Fact to October 24, 2016. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Laufenburger: That motion carries 5-0. We have final action for this evening unless there’s any further motion at this time. Okay, thank you council. Ms. Aanenson I would direct 24 Chanhassen City Council – October 10, 2016 you to issue the permit as appropriate based on your discussions with Paisley Park Facility LLC th and Mr. Gerhardt will you ensure that this matter returns to the council agenda on October 24 with all the materials as were presented? Todd Gerhardt: Yes Mayor. Mayor Laufenburger: Okay, thank you very much. Thank you council members for your patience in this deliberation. We will now move to item G-1. 6845 LAKE HARRISON CIRCLE: VARIANCE REQUEST TO BUILD A PAVER PATIO AROUND A POOL AT PROPERTY LOCATED AT 6845 LAKE HARRISON CIRCLE, LOT 2, BLOCK 2 LAKE HARRISON. Mayor Laufenburger: Do we have a staff report? Kate Aanenson: Before I’d like to introduce MacKenzie Walters, our staff planner. Been with us. MacKenzie Walters: 3 months. Kate Aanenson: 3 months so this is his first presentation to the City Council. Mayor Laufenburger: Welcome Mr. Walters. Nice to have you with us tonight. MacKenzie Walters: Pleasure to be here. So as was mentioned this is Planning Case 2016-22. 6845 Lake Harrison Circle variance. The Planning Commission held a public hearing on this th variance on September 20. They voted to deny the variance request. The applicant appealed the variance and it is now on the agenda for today. They have also submitted a revised variance application and they are now proposing an 800 square foot paver patio pool area. The location of the property is 6845 Lake Harrison Circle, indicated in red. The area is zoned single family residential. The zoning has a stipulated maximum lot coverage of 25 percent. Minimum 15,000 square foot lots. 30 foot front and rear setbacks and properties also have 10 foot side yard setbacks. Block 2 of the Lake Harrison subdivision has a blanket 5 foot front yard variance in part to provide some relief from the large wetland that is in the back of all the properties. 6845 Lake Harrison Circle is also located within the Shoreland Management Overlay District. This district is 1,000 zone around all of the lakes in the city and it has a maximum of 25 percent impervious coverage. I mentioned that behind the property was a wetland. The wetland is classified as Manage 1. As the property is currently platted it has a 20 foot existing wetland barrier. I’m sorry buffer which you see in red and a 40 foot building setback so every building has to be set back a minimum of 40 feet from the current buffer. The applicant has the ability under the city zoning code to establish instead a 25 foot buffer with native vegetation that meets modern standards and in exchange for that they would be allowed to place accessory structures so like pools, patios, decks, things of that nature within, they would only have a 15 foot setback 25