CC SUM 2009 01 12
CHANHASSEN CITY COUNCIL
REGULAR MEETING
SUMMARY MINUTES
JANUARY 12, 2009
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
Ernst, Councilwoman Tjornhom, and Councilman McDonald
STAFF PRESENT:
Todd Gerhardt, Roger Knutson, Laurie Hokkanen, Kate Aanenson, Paul
Oehme, Todd Hoffman, Greg Sticha, and Terry Jeffery
OATHS OF OFFICE:
City Attorney Roger Knutson administered the Oaths of Office to Jerry
McDonald and Bethany Tjornhom.
PUBLIC ANNOUNCEMENTS:
None.
ORGANIZATIONAL ITEMS:
DESIGNATION OF OFFICIAL NEWSPAPER.Councilman Litsey moved,
Councilwoman Ernst seconded to designate the Chanhassen Villager as the City’s official
newspaper. All voted in favor and the motion carried unanimously with a vote of 5 to 0.
APPOINTMENT OF ACTING MAYOR.Councilman McDonald moved, Councilman
Litsey seconded to appoint Councilwoman Bethany Tjornhom as Acting Mayor. All voted
in favor and the motion carried unanimously with a vote of 5 to 0.
CONSENT AGENDA: Councilwoman Ernst moved, Councilman Litsey 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 December 8, 2008
-City Council Verbatim and Summary Minutes dated December 8, 2008
Receive Commission Minutes:
-Planning Commission Verbatim and Summary Minutes dated December 2, 2008
-Park and Recreation Commission Verbatim and Summary Minutes dated November 25,
2008
-Park and Recreation Commission Verbatim and Summary Minutes dated December 9,
2008
b. Approve Conversion of Lake Ann Ballfield #3 to a Designated Little League Baseball
Field.
City Council Summary - January 12, 2009
c. Approval of Park and Recreation Service Award Program.
Resolution #2009-01:
d. 2009 Street Improvement Projects: Accept Feasibility Study;
Call Public Hearing.
e. Approval of Temporary On-Sale Liquor License, Chanhassen Rotary Club, February
Festival, February 7, 2009.
Resolution #2009-02:
h. TH 101 Gap Project 04-06: Approve MnDot Landscaping
Partnership Authorization Resolution.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
VISITOR PRESENTATIONS:
None.
PUBLIC HEARING: REQUEST FOR AN OFF-SALE INTOXICATING LIQUOR
LICENSE, KLEINPRINTZ LIQUORS, LLC dba MGM LIQUOR WAREHOUSE, 7856
MARKET BOULEVARD.
Laurie Hokkanen presented the staff report on this item. Mayor Furlong opened the public
hearing. No one spoke and the public hearing was closed.
Councilwoman Tjornhom moved, Councilman Litsey seconded that the City Council
approves the request of Kleinprintz Liquors LLC for an off-sale intoxicating liquor license
for MGM Liquor Warehouse at 7856 Market Boulevard. All voted in favor and the motion
carried unanimously with a vote of 5 to 0.
ARBORETUM SHOPPING CENTER, 7755 CENTURY BOULEVARD, KLMS GROUP,
LLC: REQUEST FOR A MINOR PLANNED UNIT DEVELOPMENT (PUD)
AMENDMENT TO ALLOW A DRIVE-THRU AND SITE PLAN REVIEW; LOT 2,
BLOCK 1, ARBORETUM SHOPPING CENTER.
Public Present:
Name Address
Mark Leutem 4645 Vinewood Lane North, Plymouth
Lynne Etling 7681 Century Boulevard
Kate Aanenson presented the staff report and update on the work that had taken place since this
item was tabled at the November 10, 2008 City Council meeting. Councilman McDonald asked
about the number of access doors required by code. Councilwoman Tjornhom asked for
clarification of the pedestrian circulation on the site and the location of the handicap parking
stall. Mayor Furlong and Councilman Litsey asked for clarification of the traffic circulation and
stacking requirements for the different business uses on the site. The applicant, Mark Leutem
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City Council Summary - January 12, 2009
discussed the issues involved with moving the entrance to the north side of the building and
requested that they be allowed to keep the main entrance where it is proposed and have the north
entrance as a secondary access. Mayor Furlong opened the meeting for public comment. Lynne
Etling, 7681 Century Boulevard expressed her continued concern regarding noise, landscaping
and traffic. After comments from council members, the following motions were made.
Councilman McDonald moved, Councilwoman Tjornhom seconded that the City Council
approve the Planned Unit Development amendment for Arboretum Village (PUD 99-02),
Planning Case #08-22, amending the design standards Section b. Permitted Uses, to allow a
drive-thru on Lot 2, Block 1, Arboretum Shopping Center, with the following standards:
Drive-thru facilities for any use shall comply with the following standards:
(a) They shall not be located adjacent to any residential lot lines.
(b) They shall be provided with a suitable visual screen from adjacent properties.
(c) Stacking shall be provided within applicable parking lot setbacks.
(d) Stacking shall meet the following standards:
(1) Fast Food Restaurant: six cars per aisle.
(2) Banks: three cars per aisle.
(3) Pharmacy: two cars per aisle.
(4) All other uses: two cars per aisle.
(e) The City may require a vehicle stacking study to determine whether more or less stacking
shall be required for a particular use.
(f) Stacking areas shall not interfere with vehicular circulation in the parking lot nor encroach
into any required drive aisles.
(g) Speaker or intercom system shall not be audible at the property line.
(h) A Restaurant with a drive-thru may not exceed 1,550 square feet in area.”
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
Councilman McDonald moved, Councilwoman Tjornhom seconded that the City Council
approvethe site plan amendment for Arboretum Shopping Center (Site Plan 03-06), Planning
Case #08-22, to allow a drive-thru window and redesign parking layout and site circulation as
shown in plans dated received December 15, 2008, with the following conditions and based on
adoption of the attached Findings of Fact:
1.Approval of the site plan is contingent upon approval of the PUD amendment allowing a
drive-thru window.
2.The western three angled parking stalls must be striped and signed as compact stalls.
3.Any existing bufferyard plantings that are removed for the development must be replaced
within the same area. A landscape plan must be submitted to the city for approval showing
locations and species. The applicant may group plantings together in order to add interest to
the landscaping if the design does not diminish the screening capacity.
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City Council Summary - January 12, 2009
4.The applicant shall work with staff to locate the patio and secondary entrance into the space as
shown in Exhibit A.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
APPEAL VARIANCE, AMBROSEN/SENN, 3830 MAPLE SHORES DRIVE, LOT 7,
BLOCK 1, MAPLE RIDGE, APPLICANT: SAWHORSE DESIGNERS AND
BUILDERS, OWNERS: MARK AMBROSEN AND ANN SENN: REQUEST FOR A
HARD SURFACE COVERAGE VARIANCE.
Kate Aanenson presented the staff report and Planning Commission update on this item.
Councilman McDonald asked about the a turn around in the driveway. Councilwoman Ernst
asked staff to address the comment in the staff report that re-establishment of vegetation cover
would slow the movement of surface water and clarification of DNR regulations. Mayor
Furlong asked for clarification on the percentage of impervious surface being proposed in
comparison to what was existing before the addition. The applicant’s representative, Fred
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Bruning with Sawhorse Designers and Builders, 4740-42 Avenue North in Robbinsdale
commented on items in the staff report related to guidelines in the city code regarding reasonable
use of a property in the RSF District; Section 20-58 of the City Code regarding the definition of
undue hardship; citing that reasonable use includes the use made by the majority of comparable
property within 500 feet; clarification of how the building permit approval process works in the
city; the process of obtaining the building permit and bringing the site into compliance with the
25% minimum hard surface coverage; and the hardship involved with removal of the driveway
turn around. Mark Ambrosen stated their strong preference of keeping the turn around in the
driveway. Mayor Furlong asked the applicant to clarify what the hardship factors are for
granting this variance. After discussion between the council and applicant, the following motion
was made.
Councilwoman Tjornhom moved, Councilman Litsey seconded that the Chanhassen City
Council denies Planning Case #08-24 for a 3.7% hard surface coverage variance on Lot 7,
Block 1, Maple Ridge Addition and adoption of the attached Findings of Fact and Action,
and subject to the following conditions:
1. The site must comply with the 25% maximum hard surface coverage requirement as
outlined in the City Code.
2. Excess hard surface coverage must be removed and revegetated no later than May 31,
2009.
3. An as-built survey, signed by a registered land surveyor, is required and must be
submitted no later than June 15, 2009 to ensure compliance.
4. Final building inspection will not be approved until verification of compliance.
All voted in favor, except Councilwoman Ernst who opposed, and the motion carried with
a vote of 4 to 1.
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City Council Summary - January 12, 2009
COUNCIL PRESENTATIONS:
Mayor Furlong provided an update for Southwest Transit.
ADMINISTRATIVE PRESENTATIONS:
Todd Gerhardt informed the council of the
continued carp study that was performed by the University of Minnesota on Lake Susan. Mayor
Furlong asked about the possibility and timing of doing aeration on Lake Susan. Todd Gerhardt
th
reminded the council and public about February Festival coming up on Saturday, February 7
and an update on the 112 Leaders Meeting that was hosted by the City of Chanhassen.
Councilwoman Ernst moved, Councilman McDonald seconded to adjourn the meeting. All
voted in favor and the motion carried unanimously with a vote of 5 to 0. The City Council
meeting was adjourned at 9:25 p.m.
Submitted by Todd Gerhardt
City Manager
Prepared by Nann Opheim
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