CC SUM 2009 03 23
CHANHASSEN CITY COUNCIL
REGULAR MEETING
SUMMARY MINUTES
MARCH 23, 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, Paul Oehme, Kate
Aanenson and Todd Hoffman
PUBLIC ANNOUNCEMENTS:
Mayor Furlong read an invitation and outlined the activities
for the Easter Egg Candy Hunt which will be held on Saturday, April 11 at 9:00 a.m. as well as
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an invitation to the ChanJam ’09 which will be held on Friday, April 17 at 6:00 p.m. Both
activities will be held at the Chanhassen Recreation Center.
CONSENT AGENDA: Councilwoman Ernst moved, Councilman McDonald 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 March 9, 2009
-City Council Verbatim and Summary Minutes dated March 9, 2009
Receive Commission Minutes:
-Planning Commission Verbatim and Summary Minutes dated March 3, 2009
-Park and Recreation Commission Verbatim and Summary Minutes dated February 24,
2009
Resolution #2009-22:
b. 2009 Street Improvement Project: Call Assessment Hearing.
Resolution #2009-23:
c. 2009 Inflow/Infiltration Project 09-03: Authorize Preparation of
Plans & Specifications.
d. Approval of 2009 Liquor License Renewals.
Resolution #2009-24:
f. Authorize the Minnesota Department of Transportation to Prepare
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a Speed Study for West 78 Street between Century Boulevard and Powers Boulevard.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
VISITOR PRESENTATIONS: PRESENTATION OF ANNUAL REPORT,
SOUTHWEST TRANSIT COMMISSION, LEN SIMICH.
City Council Summary - March 23, 2009
Len Simich, Executive Director with Southwest Transit presented the 2008 annual report
outlining their accomplishments and plans for 2009. Councilwoman Ernst asked about the
percentage of increase or decrease in ridership out of Chanhassen. Councilman McDonald asked
what percentage of ridership Southwest Transit was able to retain when ridership spiked due to
the rise in gas prices and if there’s anything the City can do to help with the opt out pressure
being put on Southwest Transit.
LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE.
Lt. Jim Olson asked if there were any questions regarding the February monthly numbers or the
crime alert that was issued by Crime Prevention Specialist Beth Hoiseth regarding home
burglaries. Mayor Furlong asked for clarification regarding a memo from Sandy Meyer that
talked about double counting in the reporting that’s now been cleaned up. Lt. Olson advised the
public of a rash of automobile thefts in the metro area, a scam where seniors have received calls
from people saying they are their grandchildren and need money, and parties being held where
precious metals are sold. Councilman Litsey asked how the sheriff department plans to take
advantage of the available stimulus money for Chanhassen. Chief Gregg Geske invited the
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public to the annual Lions/Fire Department Pancake Breakfast on April 5 from 9:00 a.m. to
1:00 p.m.. He informed the council that 2 new fire fighter positions have been filled and an
update on training from an organization called BART, Basic Animal and Rescue Tactics.
PUBLIC HEARING: REQUEST FOR A SUBDIVISION CREATING AN ADDITIONAL
LOT WITH VARIANCES, 7160 WILLOW VIEW COVE, APPLICANT: MARK AND
SUZANNE SENN.
Public Present:
Name Address
Betsy & Herb LePlatt 7012 Cheyenne Trail
Mark Senn 7160 Willow View Cove
Kate Aanenson reviewed the applicant’s request for a metes and bounds subdivision to create a
second building lot and variances for a private street, as well as providing an update from the
Planning Commission. Mayor Furlong asked for clarification on the requirements for the
common portion of the driveway. Councilman McDonald asked for clarification of condition
number 18 regarding tree replacement on the northern side of the lot. Councilwoman Ernst
asked for clarification of what the ordinance says regarding the number of units per lot, and why
a grading plan and tree survey is being required. The applicant, Mark Senn addressed the
following issues: the establishment of a covenant requiring single ownership of both houses, the
number of trees on the site, the style of house, and the location of the current utilities. He
discussed concerns with conditions 8(c), regarding a tree survey; 12, regarding park dedication
fees; 13, requiring a survey to show utilities; and 18, regarding enhancing the landscaping on the
north side of the property. Mayor Furlong opened the public hearing. Herb LePlatt, 7012
Cheyenne Trail, the property owner directly to the north of the proposed Tract C, clarified that 3
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City Council Summary - March 23, 2009
homes just north of the Senn’s house were built in 1968, asked that a tree survey be done around
the new Tract C to ensure that a landscaping buffer remains between their property. He also
expressed concern about property values being affected by the construction of a home on Tract
C. Mayor Furlong asked Mr. LePlatt to clarify the location of the utility easement. Betsy
LePlatt asked to go on record as being in favor of the installation of a privacy fence between
their lot and Tract C. The public hearing was closed. After discussion regarding tabling versus
approval with amendments to certain conditions, the following motion was made.
Councilwoman Tjornhom moved, Councilwoman Ernst seconded that the City Council
approves Alternate B for Planning Case 09-02 with a variance to allow a private street with
a width of less than 20 feet and less than a 7-ton design, and the subdivision creating two
lots as outlined in the staff report, subject to the following conditions and adoption of the
Findings of Fact for Alternate B:
1.Approval of the metes and bounds subdivision is contingent upon approval of the private street
variances.
2.A grading plan must be submitted for review and approval and shall comply with the City
Code.
3.A utility plan must be submitted showing the existing sanitary sewer and water services to
the existing home,the existing gas, electric, cable and telephone services to the existing
home and the proposed sanitary sewer and water services to the new lot.
4.A drainage and utility easement must encompass any portion of the new services that crosses
another property. The easement width shall extend a minimum of 10 feet, on center, from
the service.
5.If the sanitary sewer and/or water service are extended from the utilities within Willow View
Cove, an escrow must be posted for the restoration of the street. The escrow amount will be
determined when the utility plan is submitted since the extent of excavation is unknown at
this time. The escrow will not be released until it is deemed the area is in satisfactory
condition after one freeze-thaw cycle.
6.The sanitary sewer and water hookup charges for Tract C shall be paid with the building
permit application at the rate in effect at that time. The 2009 rates are $5,087 for the City
water hookup charge, $1,893 for the City sewer hookup charge and $2,075 for the
Metropolitan Council sewer charge.
7.The party applying for the building permit is responsible for payment of the hookup charges.
8.Environmental Resources Specialist Conditions:
a.The applicant must submit tree preservation, removal calculations and survey for Tract
C for city staff approval prior to recording.
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City Council Summary - March 23, 2009
b.All trees proposed to be preserved shall be protected by fencing throughout the
construction process. The fencing must be installed prior to any excavation or grading.
9.At this time, the estimated total SWMP fee, due payable to the City at the time of recording, is
$1,984.88.
10.The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g.,
Minnesota Pollution Control Agency, Minnesota Department of Natural Resources (for
dewatering)) necessary and comply with their conditions of approval.
11.All disturbed areas shall be mulched and seeded or sodded according to following table:
Time
(maximum time an area can remain unvegetated
Type of Slope
when area is not actively being worked)
Steeper than 3:1 7 Days
10:1 to 3:1 14 Days
Flatter than 10:1 21 Days
These areas include any exposed soil areas with a positive slope to a storm water conveyance
system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage
ditch or other natural or man made systems that discharge to a surface water.
12.Full park fees in lieu of parkland dedication and/or trail construction shall be collected in full at
the rate in force upon approval and recording.
13.Submit a revised survey for Tract C and as necessary on Tract D showing the following:
a.Drainage and utility easements.
b.All utilities must be shown and relocated if necessary prior to recording.
c.Driveway access to the new parcel must be shown on plan.
14.Submit a 30-foot wide private cross-access easement over the shared portion of the private
street.
15.A drainage and utility easement must encompass any portion of the driveway serving Tract D
and encroaches on Tract C.
16.Tract C must meet the minimum criteria for a non-riparian lot within the shoreland management
district as described in Chapter 20, Article VI.
17.The applicant shall revise the lot lines as shown in staff’s layout (Alternate B). ”
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
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City Council Summary - March 23, 2009
DOWNTOWN PARK AND RIDE FACILITY: CONSIDER APPROVAL OF
FEASIBILITY STUDY.
Jon Horn with Kimley-Horn and Associates reviewed the results of the feasibility study that was
completed working in conjunction with city staff and Southwest Transit on the downtown transit
station improvement project. Councilman McDonald asked for clarification of where possible
traffic signals could be placed. Mayor Furlong asked for clarification on the action needed by
council and the proposed schedule. Todd Gerhardt asked for additional time before setting a date
for the public hearing.
Resolution #2009-25: Councilman Litsey moved, Councilman McDonald seconded that the
City Council approves the resolution accepting the feasibility study for the Downtown Park
and Ride Project 08-11. All voted in favor and the motion carried unanimously with a vote
of 5 to 0.
(The city council took a short recess at this point in the meeting.)
WESTWOOD COMMUNITY CHURCH EXPANSION: REQUEST FOR
CONDITIONAL USE PERMIT FOR MULTIPLE PRINCIPAL STRUCTURES ON ONE
LOT AND SITE PLAN REVIEW FOR A 51,000 SQUARE FOOT BUILDING
EXPANSION, 3121 WESTWOOD RIVE, APPLICANT: CUNNINGHAM GROUP
ARCHITECTURE, P.A. OWNER: WESTWOOD COMMUNITY CHURCH.
Kate Aanenson presented the staff report and Planning Commission update on this item. Mayor
Furlong asked for clarification on the standard for fenestration on buildings. Charlie Stoffel with
Cunningham Group Architecture representing Westwood Community Church addressed the
issue of adding windows to the multi-purpose building.
Councilwoman Ernst moved, Councilman Litsey seconded that the City Council approves
a Conditional Use Permit to permit two buildings on one parcel, subject to the following
condition and adoption of the attached Findings of Fact and recommendation for Planning
Case #09-03:
1. The site development shall comply with the requirements of the approved site plan #09-
03.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
Councilwoman Ernst moved, Councilman Litsey seconded that the City Council approves
Site Plan Planning Case #09-03 for a 51,000 square foot, two story multi-purpose building,
plans prepared by Cuningham Group Architecture, P.A. and Westwood Professional
Services, Inc., dated January 30, 2009, subject to the following conditions:
1.The applicant shall enter into a site plan agreement with the City and provide the necessary
security to guarantee erosion control, site restoration and landscaping.
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City Council Summary - March 23, 2009
2.Windows shall be added to the northwest elevation in the multi-purpose area.
3.In addition to the fire sprinkler system required by the building and fire codes, Class III fire
department standpipes shall be added to the building in locations approved by the
Chanhassen Fire Marshal.
4.The applicant shall contact Chanhassen Fire Marshal for location of yellow curbing to be
painted and locations of “No Parking Fire Lane” signs.
5.Buildings are required to have automatic fire extinguishing systems.
6.Building plans must be prepared and signed by design professionals licensed in the State of
Minnesota.
7.Retaining walls (new and additions to existing) over four feet high must be designed by a
professional engineer registered in the State of Minnesota and a permit must be obtained
prior to construction.
8.Inlet protection is provided for all proposed stormwater inlets until such a time as final
stabilization is achieved.
9.The rock construction entrance be expanded to 75 feet per City code or, if this is not practical
to do so, the applicant must show why this is not practical and maximize the rock
construction entrance to the greatest length practical.
10.Silt fence north of Pond B be extended to the northwest to the 990 contour.
11.City details shall be included in the plan set for all erosion control best management practices
and storm sewer structures.
12.One of the three inlets into Pond B must be eliminated. It is preferable that the most easterly
inlet be eliminated so that maintenance can occur as efficiently as possible.
13.Pond maintenance access should be shown on the plan.
14.The applicant shall determine if any additional permissions are required and apply for and
obtain these permits from the appropriate regulatory agencies (e.g., Minnesota Pollution
Control Agency, Minnesota Department of Natural Resources (for dewatering)) and comply
with their conditions of approval.
15.Surface drainage from the top of the wall should be directed to the proposed catch basin, or
else a drain tile system shall be installed to convey the runoff to the storm sewer.
16.If on-site earthwork quantities do not balance and materials need to be imported or exported
from the site, the developer will need to supply the City with a detailed haul route for review
and approval by staff.
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City Council Summary - March 23, 2009
17.Any material exported to another location in Chanhassen may require a grading or interim
use permit.”
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
PUBLIC WORKS FACILITY PROJECT 08-03: APPROVE PRECAST & STEEL BIDS:
REVIEW BIDS FOR OTHER ASPECTS OF CONSTRUCTION.
Paul Oehme reviewed the bidding process before introducing Brian Recker with RJM and
Associates who reviewed the bids and quotes, along with alternates that were received. Mayor
Furlong asked for clarification of what was included in the bid amount. Councilwoman
Tjornhom asked Brian Recker about his company’s experience of working with the
recommended low bidders. Councilwoman Ernst asked Mr. Recker to explain the type of bid
process used by RJM Construction. Councilman McDonald asked about Alternate 8 which
recommends going from a 3 inch thick garage door to 2 inch thick garage door. After discussion
by the council the following motion was made.
Resolution #2009-26: Councilman McDonald moved, Councilwoman Tjornhom seconded
that the City Council approve the following bids for the Public Works Facility, Project No.
08-03:
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Category 3A and 4A - Building concrete and masonry to Dayco Concrete in the amount
of $994,200.
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Category 3B - Precast structural concrete walls to Fabcon Inc. in the amount of $692,605.
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Category 3C - Precast plank to Molin Concrete Products Company in the amount of
$116,337.
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Category 5A - Structural steel/joists/decking/miscellaneous steel materials to Thurnbeck
Steel Fabrication Inc. in the amount of $400,863.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
HISTORICAL ST. HUBERT’S CHURCH: CONSIDER APPROVAL OF LEASE
EXTENSION.
Todd Gerhardt explained the options available to the council in consideration of the lease
extension for the old St. Hubert’s Church property. Councilman Litsey asked staff to articulate
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the costs that would be incurred by the City if the lease was extended to August 1. Mayor
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Furlong opened the meeting to receive public comment. Paula Atkins, 220 West 78 Street
reviewed the efforts by the Chanhassen Historical Society to save historic St. Hubert’s Church.
Fred Berg, 6910 Chaparral Lane, a retired history teacher at Chaska High School, explained his
reasons for supporting the preservation of St. Hubert’s Church strictly from the value of having
literal contact with your past. Al Klingelhutz expressed concern with the previous loss of
historical buildings in Chanhassen and the desire to see historic St. Hubert’s Church, along with
other historical buildings in Chanhassen, be preserved. Mary Borns, 7199 Frontier Trail stated
she was present to support and encourage the City to extend the lease agreement for the old St.
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City Council Summary - March 23, 2009
Hubert’s church with the hope of city ownership in the future. Wendy Bjorn gave her
perspective as Executive Director of the Carver County Historical Society and outlined the
arguments from both sides. She asked that the City, St. Hubert’s and the Chanhassen Historical
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Society find a compromise. Jack Atkins, 220 West 78 Street submitted the membership list
from the Chanhassen Historical Society and urged the council to consider Option 1. Mayor
Furlong clarified that a key element within Option 1 is moving forward with city ownership of
the building. Councilman Litsey voiced his support for Option 1 which would allow the
Historical Society time to come up with a business plan. Councilwoman Ernst explained her
belief that there was time between December and March for the Historical Society to put plans
into place and that she hasn’t heard what those plans are. She did not feel that the capital
expenses that the city would inherit by taking ownership or leasing the church would do any
service to city taxpayers and therefore could not support Option 1. Councilwoman Tjornhom
explained her support for option 2 which would terminate the lease agreement. Councilman
McDonald expressed his concern with the City owning the historic St. Hubert’s Church building
and outlined his reasons for supporting Option 2. Mayor Furlong explained that his biggest
concern and the biggest issue is whether or not the City should own the St. Hubert’s Church
building. Mary Klingelhutz asked that the Chanhassen Historical Society be allowed to use the
church for the fund raising events already planned for April and May. After considerable
discussion between council members regarding the two options, the following motion was made.
Mayor Furlong moved, Councilman McDonald seconded that the City Council approve to
continue with the current 50/50 arrangement with St. Hubert’s Catholic Community while
sending notice to terminate the lease agreement on August 1, 2009. All voted in favor and
the motion carried unanimously with a vote of 5 to 0.
APPOINTMENTS TO COMMISSIONS.
Mayor Furlong reviewed the appointments to the
various commission as discussed in the work session.
Mayor Furlong moved, Councilwoman Tjornhom seconded to approve the following
appointments to city commissions:
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Planning Commission - 3 Year Positions:
Kurt Papke and Debbie Larson
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Park and Recreation Commission -3 Year Positions:
Jeffrey Daniel and Elise Ryan
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Environmental Commission - 3 Year Position:
William Fouks
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Senior Commission -3 Year Positions:
Pat McGough, Barbara Nevin and Virginia
Prior
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
COUNCIL PRESENTATIONS:
Councilman Litsey responded to the comment by
Councilwoman Ernst regarding him expressing his opinion during the historic St. Hubert’s
Church discussion.
ADMINISTRATIVE PRESENTATIONS:
Todd Gerhardt informed the council that the City
of Chanhassen is hosting the Leaders Meeting for School District 276 on Thursday, March 26,
2009. Mayor Furlong informed the council of the luncheon being sponsored by the Southwest
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City Council Summary - March 23, 2009
Chamber of Commerce at Hazeltine Country Club in which State Representative Joe Hoppe will
be speaking, and that the government service center located in Chanhassen is now open for
business.
CORRESPONDENCE DISCUSSION.
Councilman McDonald asked for clarification of the
letter from Mediacom regarding deleting the TV Guide channel.
Councilwoman Tjornhom moved, Councilwoman Ernst 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 11:25 p.m.
Submitted by Todd Gerhardt
City Manager
Prepared by Nann Opheim
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