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CC SUM 2009 06 08 CHANHASSEN CITY COUNCIL REGULAR MEETING SUMMARY MINUTES JUNE 8, 2009 Mayor Furlong called the meeting to order at 7:10 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, and Terry Jeffery PUBLIC PRESENT: Gary Bhojwani 3301 Shore Drive Al & Mary Klingelhutz 8600 Waters Edge Peter Johnson Attorney for Gary Bhojwani PUBLIC ANNOUNCEMENTS: Mayor Furlong thanked Councilwoman Tjornhom for filling in for him at the previous meeting. 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 May 26, 2009 -City Council Verbatim and Summary Minutes dated May 26, 2009 Receive Commission Minutes: -Planning Commission Verbatim and Summary Minutes dated May 19, 2009 Resolution #2009-46: b. Accept Donation from KleinBank for Summer Concert Series. c. Approve Support Letters and Resolution for Federal Funding Applications: Resolution #2009-47: 1) Pedestrian Trail Underpass at TH 5 and Minnewashta Parkway. Resolution #2009-48: 2) Reconstruction of MN 101 from Lyman Boulevard to Pioneer Trail. Resolution #2009-49: 3) Reconstruction and Widening of Lyman Boulevard from Audubon (North Leg to Powers Boulevard. d. Approve Preliminary Plat Extension for Liberty at Creekside. City Council Summary - June 8, 2009 e. Apple Tree Estates, 8600 Waters Edge Drive. Applicant: Plowe Engineering, Inc., Owner: Aloysius Klingelhutz. 1) Final Plat Approval. 2) Approve Development Contract. f. Approve Contract for School Resource Officer, Chanhassen High School as amended. Resolution #2009-50: g. Lift Station #24, Wet Well Rehabilitation: Approve Quote. All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS: PRESENTATION OF $2,000 CHECK FOR SUMMER CONCERT SERIES, KLEINBANK CHANHASSEN. Greg Lovell, President of KleinBank Chanhassen presented Mayor Furlong and the City with a check in the amount of $2,000 in support of the Summer Concert Series. PUBLIC HEARING: BHOJWANI DOCK VARIANCE: REQUEST FOR AN AFTER- THE-FACT VARIANCE TO PLACE A DOCK; 3301 SHORE DRIVE; APPLICANT: GARY BHOJWANI. Terry Jeffery presented the staff report on this item and Planning Commission update. Councilman McDonald asked about the non-conforming status of the previous dock and allowing the construction of another non-conforming structure. He also asked for clarification on the amount of shoreline that is available for dock placement. Councilman Litsey asked about the property owner’s use of 3 boat slips and an explanation by staff of their initial recommendation to allow 2 boat slips versus 3. Councilwoman Ernst clarified that the current dock configuration meets DNR regulations. Mayor Furlong asked about other dock variance requests that have been approved and denied in the past and clarification of the picture with 2 docks. Councilwoman Tjornhom asked staff to clarify the regulations spelled out in Section 6- 26. The applicant, Gary Bhojwani, 3301 Shore Drive provided background information and addressed the issues of DNR compliance, the concern with the aesthetics of multiple slips being attached, the location of the dock on the property, and drawings of the dock configuration when the property was purchased. Peter Johnson, Attorney for the Bhojwani’s, reviewed the letter submitted to the City outlining the legal principles at play in this application as he sees them and asked that it become part of the record. Mayor Furlong opened the public hearing. No one spoke and the public hearing was closed without objection. After comments from council members, the following motion was made. Councilwoman Ernst moved, Councilwoman Tjornhom seconded that the City Council approves Planning Case #09-07 as shown in plans dated April 17, 2009 for a 46 foot variance request from the allowed 25 foot crossbar for docks as outlined in the staff report and adopt the attached Findings of Fact and Decision. All voted in favor, except Councilman McDonald who opposed, and the motion carried with a vote of 4 to 1. 2 City Council Summary - June 8, 2009 VISITOR PRESENTATIONS: Jim Kramen, 739 Woodhill Drive showed pictures of damage from storm water runoff to the curb and street in front of his house. Todd Gerhardt stated the City Engineer and Water Resources Coordinator will work with the homeowner to address the issue. COUNCIL PRESENTATIONS: Councilman McDonald talked about the party thrown by th General Mills celebrating their 20 anniversary of being located in the city of Chanhassen and their contributions over the past 20 years. Mayor Furlong commented and thanked everyone involved with the veterans monument dedication ceremony. ADMINISTRATIVE PRESENTATIONS: Todd Gerhardt invited all council members, commission members, staff and department heads, along with their families to attend a bike tour th on June 18 utilizing the 70 plus miles of trails throughout the community. He also provided an update on the progress of the new public works facility and School District 276 Leaders meeting. Laurie Hokkanen invited council members to the Chamber Picnic on Thursday at Lake Ann Park’s Hilltop shelter. CORRESPONDENCE DISCUSSION. None. Councilwoman Ernst moved, Councilwoman Tjornhom 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 8:35 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 3