CC SUM 2007 09 24
CHANHASSEN CITY COUNCIL
REGULAR MEETING
SUMMARY MINUTES
SEPTEMBER 24, 2007
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, Councilman Litsey, Councilwoman
Tjornhom, and Councilman Peterson
COUNCIL MEMBERS ABSENT:
Councilwoman Ernst
STAFF PRESENT:
Todd Gerhardt, Roger Knutson, Laurie Hokkanen, Kate Aanenson, Bob
Generous, Paul Oehme, and Todd Hoffman
PUBLIC PRESENT FOR ALL ITEMS:
Kathleen Thomas Planning Commission
Julie Nelson 2165 Murray Hill Court
Ken Larson 7615 Iroquois Avenue
PUBLIC ANNOUNCEMENTS:
Mayor Furlong announced the cancellation of the October 8,
2007 City Council meeting due to lack of items on the agenda.
CONSENT AGENDA:Councilman Litsey 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 September 10, 2007
-City Council Verbatim & Summary Minutes dated September 10, 2007
Receive Commission Minutes:
-Planning Commission Verbatim & Summary Minutes dated September 4, 2007
-Planning Commission Verbatim & Summary Minutes dated September 18, 2007
-Park and Recreation Commission Verbatim & Summary Minutes dated August 28, 2007
Resolution #2007-56:
b. Goers Culvert Project 07-13: Award Contract.
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Resolution #2007-57:
c. Highcrest Meadows 1, 2, and 3 Additions: Accept Streets
and Utilities.
Resolution #2007-58:
d. 2008 Street Rehabilitation Project 08-01: Award Consultant
Contract, Authorize Feasibility Study.
City Council Summary - September 24, 2007
e. Approve Joint Powers Agreement with SWCTC for TH 5 Corridor Scoping, Analysis,
Preliminary Design and Environmental Screening.
f. TH 101 Street Name Change, Project 04-06.
g. Neil Klingelhutz, Planning Case 07-16: Request for an Interim Use Permit to Import
Approximately 43,250 cubic yards of Fill from the Highway 312 Corridor for Grading on
Property Located at 8601 Great Plains Boulevard.
h. Power Systems Building Expansion, 8325 Commerce Drive, Applicant: Power Systems,
Planning Case 07-21: Request for Site Plan Approval for a 12,300 Square Foot
Expansion to a 27,800 Square Foot Building.
i. Audio Visual Equipment: Approve Modification to Capital Improvement Program and
(Mayor Furlong abstained from the vote on this item.)
Award of Bid.
j. Approval of Release of Land from Contract for Private Redevelopment and Assessment
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Agreement; Lot 2, Block 2, Arboretum Business Park 2 Addition; Arboretum III
Realty Partners LLP.
k. Adoption of Ordinances Amending City Code: Chapter 7, Buildings and Building
Chapter 1, General
Regulations; Chapter 18, Subdivisions; and Chapter 20, Zoning.
Provisions (Definitions) was Tabled.
Resolution #2007- 59:
l. Lake Riley Woods Channel Project: Approve Plans &
Specifications and Authorize Advertising for Bids for Restoration and Stabilization
Project.
m. Approval of Mayor's Travel to Madison, Mississippi to Participate in Community Forum.
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
VISITORS PRESENTATIONS:
None.
LAW ENFORCEMENT/FIRE DEPARTMENT.
Chief Greg Geske presented the monthly
update for the Fire Department, reminding council members of Fire Prevention Week activities
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and the Open House scheduled for Sunday, October 14. In response to a personal injury car
accident he reminded everybody of the importance of wearing seat belts. Sgt. Peter Anderley
was not present.
CONSIDER APPEALS OF WETLAND EXEMPTION DETERMINATIONS, LOCATED
AT THE SOUTHWEST CORNER OF LYMAN BOULEVARD AND POWERS
BOULEVARD, JEFF FOX AND RICHARD DORSEY.
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City Council Summary - September 24, 2007
Public Present:
Name Address
Brad Wozney BWSR, 520 Lafayette Road No, St. Paul
Jeff Fox 5270 Howard Point Road, Excelsior
Rick Dorsey 1551 Lyman Boulevard
Kate Aanenson provided an update on the information requested from council members at the
previous meeting when this item was tabled. Councilman Peterson and Mayor Furlong asked the
applicants and staff to clarify the size, location and type of wetland classifications and
clarification of the exemption standards. After comments and discussion by council the
following motion was made.
Councilwoman Tjornhom moved, Councilman Litsey seconded that the City Council
upholds staff's decision on all five (5) exemptions, and affirms the Findings of the Technical
Evaluation Panel (TEP) with the exception that the 10 year deed restriction is no longer
required. All voted in favor, except Councilman Peterson who opposed, and the motion
carried with a vote of 3 to 1.
PAPEDIS VARIANCE, 2101 PINEHURST DRIVE, APPLICANT: SOUTHVIEW
DESIGN, PLANNING CASE 07-19: REQUEST FOR VARIANCE TO HARD SURFACE
COVERAGE.
Public Present:
Name Address
Chris Moehrl 7699 Anagram Drive, Eden Prairie
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Tim Johnson 1875 E. 50 Street, Inver Grove Heights
Brian Wisdorf 2997 Hilltop Drive, Chaska
Ojars Papedis 2101 Pinehurst Drive
Jackie Holien 2101 Pinehurst Drive
Bob Generous presented the staff report and update from the Planning Commission meeting.
Councilwoman Tjornhom asked for clarification on what has been done historically with
retaining walls in hard surface coverage calculations. Mayor Furlong asked if staff expects other
variance requests from this development. Staff indicated that there others. Tim Johnson, the
contractor working for the applicant, provided background information on the variance request.
Brian Wisdorf, attorney for the applicant, touched on the issues of precedence and that a variance
gives an applicant permission to depart from the literal enforcement of the zoning ordinance and
that strict enforcement of this 25% hard surface coverage requirement would create an undue
hardship with regards to his reasonable use. Chris Moehrl with Westwood Professional Services
discussed the use of dry wells to help with the runoff situation. Ojars Papedis noted that as the
owner of this property he has no desire to break the ordinance or have the ordinance changed but
with the help of Southview and the professionals believes they've come up with a plan that
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City Council Summary - September 24, 2007
would meet the spirit of the ordinance, which is to limit runoff, and still have the ability to enjoy
his fine house. After discussion, clarification of the request and comments, the following
motion was made.
Councilwoman Tjornhom moved, Councilman Litsey seconded that the City Council
denies Variance #07-19 for a 3.3% hard surface coverage variance from the 25%
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maximum hard surface coverage for the addition of hardscape in Pinehurst 2 Addition
based on the findings of fact in the staff report with the following condition:
1. The hard surface coverage of the site shall not exceed 25%.
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
COUNCIL PRESENTATIONS:
None.
ADMINISTRATIVE PRESENTATIONS:
Todd Gerhardt provided an update on the deeds
received from MnDot for the southern fire station property.
Councilman Peterson clarified that in the last staff report is was stated that it is the developer and
real estate agent's duty to inform perspective homeowners. For the future, he asked that it be
noted that it is not the real estate agent's duty to inform from a legal perspective. Mayor Furlong
pointed out that on the consent agenda a joint powers agreement for the scoping study for
Highway 5 from Highway 41 west through the cities of Victoria and Waconia and out to
Norwood-Young America was approved and the impact that will have on the city of Chanhassen.
CORRESPONDENCE DISCUSSION.
Mayor Furlong thanked staff for putting together and
researching the request from the last City Council meeting regarding the Preserve development.
Councilman Litsey moved, Councilwoman Tjornhom 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 8:55 p.m..
Submitted by Todd Gerhardt
City Manager
Prepared by Nann Opheim
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