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CC 2009 07 13 CHANHASSEN CITY COUNCIL REGULAR MEETING JULY 13, 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, and Councilman McDonald COUNCIL MEMBERS ABSENT: Councilwoman Tjornhom STAFF PRESENT: Todd Gerhardt, Roger Knutson, Laurie Hokkanen, Kate Aanenson, Paul Oehme, and Todd Hoffman PUBLIC ANNOUNCEMENTS: Mayor Furlong: Thank you and welcome to those here in the council chambers as well as those watching at home. We’re glad that you joined us. Let me start here, our agenda first ask if there are any changes or modifications to the agenda from members of the council. If not we’ll proceed with the agenda as published. I have a few public announcements this evening. First of all, I’d just like to publicly announce that due to lack of items the regular City Council meeting scheduled for Monday, July 27, 2009 will be cancelled. However our regularly scheduled work session will be held that evening at 5:30 in the Fountain Conference Room. Our next regularly th scheduled City Council meeting will be Monday, August 10. Have a couple other events coming up and with our cancellation of our second July meeting I want to make those announcements this evening. Make sure people can plan for these. The first is National Night th Out. The City of Chanhassen will be celebrating National Night Out on Tuesday, August 4. National Night Out is an event designed to encourage citizens to get out. Get to know their neighbors. Promote crime prevention awareness and to promote, or provide an opportunity for public safety representatives to meet with our residents. The City of Chanhassen takes great pride in continuing to be a safe place for all to live and work. Keeping Chanhassen safe is a partnership effort between citizens and those who serve the city. National Night Out supports these efforts by reminding citizens that their involvement is vital to maintain the safety of Chanhassen. With citizen participation we can make an impact on crime in Chanhassen. On August 4, 2009 representatives of the Carver County Sheriff’s Office, Chanhassen Fire Department will be visiting Chanhassen block parties. To date there are 45 Chanhassen neighborhood block parties registered. That has to be, that’s more than last year if I’m not mistaken already and we’re 3 weeks out, 4 weeks out so that’s great. If you’re interested in joining this event organizing your own neighborhood gathering, I would encourage you to call City Hall, directly to Beth Hoiseth at 952-227-1610. Just the general City Hall number. I’m sure they’ll put you in touch with somebody or probably the web site as well. That’s a great event. I would encourage people to get involved. Set up their block party if they haven’t been involved in their neighborhood before, or attend one that has been involved. Another item coming up th before our next council meeting on Friday, August 7 at the Minnesota Landscape Arboretum, in partnership with the City of Chanhassen, I’d like to invite everyone to, all Chanhassen residents Chanhassen City Council – July 13, 2009 to come and enjoy a free day at the Arboretum. This year in 2009 the Arboretum summer exhibits include Waterosity and various format gardens. The Arboretum admission will be waived throughout the day on Chanhassen day at the Arboretum for residents with valid identification. I encourage all residents to go and experience this great national treasure that we have right here in our city. The day will begin at 9:00 a.m. with a pre-guided nature walk by Arboretum Naturalists. At 10:00 a.m. interim Arboretum Director, Dr. Mary Meyer and I will give a special welcome to visitors at the visitor center. Complimentary bagels and coffee will be available and various activities throughout the day. Waterosity, as I mentioned, is their summer exhibit. They also have intriguing arts in the garden, cutting edge and lawns, rain gardens. Take a guided tour. The Trumpet Creeper Tram will be providing rides along 3 mile drive. That’s a great drive if you ever get a chance. If you’re ever out there, take the time to just drive through the 3 mile drive on your way out. It’s a great way to reset everything and enjoy the activities. thth There’ll be kids, children’s activities as well. Great day. That’s August 7. Friday, August 7 at the Arboretum. Very good. And then with that, that completes our formal public announcements this evening. Let’s move on with our agenda items. We’ll go to consent agenda. CONSENT AGENDA: Mayor Furlong: I’d like to add one item. It would be item (k) under number 1 and that is a th consideration of a motion to change the speed limit on West 78 Street from Powers Boulevard west to Century Boulevard up to 40 miles an hour based upon our engineering department’s recommendation. So without objection I’ll add that it item (k) on our consent agenda. Councilman Litsey moved, Councilwoman Ernst 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 June 22, 2009 -City Council Verbatim and Summary Minutes dated June 22, 2009 Receive Commission Minutes: -Planning Commission Verbatim and Summary Minutes dated June 16, 2009 Resolution #2009-54: b. Approve Resolution Establishing No Parking Zone along Chanhassen Road. c. Public Works Facility, Project 08-03: Approve Change Orders. d. Approval of Off-Sale 3.2 Beer License, 8921 Crossroads Boulevard, Kwik Trip. Resolution #2009-55: e. Approve Resolution Accepting Donation from the Chanhassen Lions Club to the Chanhassen Fire Department. f. Award of Contract for Audit Services, 2010-2012. 2 Chanhassen City Council – July 13, 2009 g. Request for Extension of Final Plat and Development Contract, Boulder Cove, Cottage Homes. h. Approval of Easement Acquisition from Russ Barto for Lakota Lane Cul-de-sac. Resolution #2009-56: i. TH 5 Improvements, PW067B2a: Approve Support Resolution for HSIP Application. th Resolution #2009-57: k. Speed Limit Change on West 78 Street from Powers Boulevard to Century Boulevard. All voted in favor and the motion carried unanimously with a vote of 4 to 0. VISITOR PRESENTATIONS: None. PUBLIC HEARING: CONSIDER REVOCATION OF CONDITIONAL USE PERMIT, NICK’S STORAGE, 1900 STOUGHTON AVENUE. Kate Aanenson: Thank you Mayor, members of the City Council. Staff is requesting tonight from the City Council the consideration of revocation of a Conditional Use Permit #87-02 and Interim Use Permit #92-11 for Nick’s Storage and Parking. Revocation is subject to the city code. When conditions have not been met in the permit a public hearing’s required before the City Council in which this action is before you tonight. The property owner has been notified as required by the city code for potential revocation. Included in the staff report is a history of this project. This outdoor storage which goes back to 1987. I’m not going to focus on that. What I’m going to speak to is the permit that was issued in October of 2008. On the site plan you can see the entire property. If you recall the conditional use for additional parking separated, the sale of the property separated and created some ambiguity that all the density or all the use went with the one site where Nick’s Storage is. The rest of the property surrendered any development potential until such time sewer and water becomes available. So what the applicant did, Nick’s Storage did is ask for additional outdoor storage space. In order to accomplish that a storm water pond needed to be created on the site, and that was a condition of approval. To date, after that they couldn’t meet that agreement so they went back to the original underlying property owners and agreed to, through your hearing process, agreed to put it on that property owned by Mr. Dungey and Mr. Brown. To put the pond there which met the conditions that we had provided storm water management, so that again was one of the conditions. The issue before you today then is that the conditions, the pond was supposed to be constructed no later than November 15, 2008. Because of the length of time to get the permit approved, McCain and Associates, acting on behalf of Nick’s Storage, requested an extension in writing to have it no later than 4 weeks, or the time that the road restrictions were lifted off that area in order to get the equipment in. th Which were May 18. To date no work has occurred on the subject site to get the storm water ponding in place, so we’re moving close to one year. So it appears that there’s some ambiguity of, between the property owners that may not all parties are involved. Again the City’s not a part of that. Our interest lies in the fact that we need to see the storm water issue resolved. Again the Parcel A and Parcel B. You can see the ponding area that was represented that that’s where it would be constructed, shown on that diagram. Again the staff’s originally proposal was showing 3 Chanhassen City Council – July 13, 2009 it on their property. They felt for the outdoor storage putting the pond on the Nick’s Storage area encumbered their property and worked to move it off site. Again the City’s interest is having the storm water pond constructed. The next part of the staff report, we did make a site inspection just to make sure everything was in compliance. There’s some other minor things that need to be rectified but we believe those can be done. As a reminder, besides outdoor storage of the sign issue too so if we get the storm water pond constructed, that we would be, and a few other minor details here, we would be in compliance. Let’s see, again the details on the pond itself. The view. Existing site conditions. The Phase I and Phase II. The outdoor parking limited. That was the one area that we had to store an outdoor bus which would be rectified. So the motion that we’re asking for you tonight to consider is that, that the City Council move revocation of the th Conditional Use Permit #87-2 and Interim Use Permit #92-1 to September 14 City Council meeting. Allowing the applicant time to resolve this issue. Otherwise we would just put it on consent and then it would be revoked. So with that I’d be happy to answer any questions that you may have. Mayor Furlong: Thank you. Are there any questions for staff? No? I see the applicant’s here. Anything you’d like to address? I assume you might want to address… Craig Mertz: …that was hand held that I. Mayor Furlong: If you could come forward to the podium, just so people at home can hear a little bit better. Craig Mertz: Okay. Craig Mertz speaking on behalf of the applicant. We thought that we had this whole matter resolved the last time it was before the council. The council may recall that one of the documents that was submitted to council was something that we called a Cooperation Agreement that was signed by the partnership that owns the adjoining land and signed by my client, Progress Valley Mini Storage and that Cooperation Agreement was signed by one of the partners and signed by Progress Valley and the so called Cooperation Agreement provided that my client was to get an immediate right of entry to go on the partnership property to do the construction, that we were going to do the storm water construction at our cost and that the partnership agreed that it was going to sign an easement deed in favor of the City of Chanhassen for utility and drainage purposes. The snag that we have run into is that one of the two partners on the adjoining property has apparently changed his mind and now believes that there’s no need to have the drainage construction done on the site and believes that there’s no need to sign an easement and believes that the present configuration of the land, the adjoining land is adequate for drainage purposes so we’re between a rock and a hard place in that we thought that we had dotted all of our I’s and crossed our T’s by getting this partnership to sign this Cooperation Agreement and our position is that the signature of one partner on that partnership agreement should be sufficient to bind the partnership. I think they’re obligated to cooperate with us. Nonetheless we cannot produce the documents here. I think that we are in compliance on all the physical things, even the school bus stop that you flashed on that school bus. It’s moved since the staff report was done. The remaining items are just to get the drainage construction done so our request is that the City Council do nothing more drastic other than to table this consideration until September 14, 2009 meeting so that we can attempt to meet with Mr. Brown and Mr. Dungey and come to some resolution on why the Cooperation Agreement is being backed away 4 Chanhassen City Council – July 13, 2009 from. And I had sent a letter to the planning department which I basically lays out everything and I said to you today, and I thought that was going to be handed out for today’s meeting. I’m open for questions if anybody has a question. Mayor Furlong: Any questions? Mr. McDonald. Councilman McDonald: I’ve got a question. Is the City going to be a part of these discussions because it sounds as though someone on the other side has decided what the City’s requesting is not needed. Have they come forward and said anything to the City about this? Kate Aanenson: I think early on we were asked to negotiate. We don’t feel it’s our role but in deference to that we did speak to Mr. Brown. Trying to be an advocate is really not job to get in the middle of a civil issue but we did speak to him and got nowhere so that contact was made. So really it’s back to the partners. Craig Mertz: Well, the City does have a role in this. We’re plowing old ground again. The City does have a role in this because the drainage facilities that we’re talking about were supposed to have been constructed 20 some years ago when, before my client was even on the scene. So that’s our request. Don’t do anything more drastic to us other than table this til that September th 14 meeting and allow my client to work on this problem with the partnership. Mayor Furlong: Question. Ms. Aanenson, I guess by my memory that preferred solution to this was what we’re trying to do and that’s put storm water management on the adjoining property, is that, that’s originally what we did? Craig Mertz: Right. We spent in excess of $10,000 on engineering fees on this and the gist of the engineering reports were that trying to address drainage on the site that my client owns is second best at best. That the better solution was to do the plan that’s on the board where the, that pond is in the northerly corner of the adjoining partnership property. Mayor Furlong: So is it your recommendation to the council then that if we go forward with the th proposed resolution here to defer this until the 14 of September. th Craig Mertz: Give us til the 14 to meet with the partnership. Mayor Furlong: By that time will you have the construction complete or just another agreement? Craig Mertz: Well we need. Mayor Furlong: What should we expect to have… Craig Mertz: …access the property to do this construction and the City wants the signed utility easement to back up the construction and I can’t provide you know either one at the moment. th Mayor Furlong: So and I guess I’m trying to clarify. What should we expect by the 14 of September in your mind? 5 Chanhassen City Council – July 13, 2009 Craig Mertz: Well I’m hoping that I will have the signature of the partners on the easement deed and permission to enter the property and do the construction, but I’m not in control of that party so all I can tell you is we’ll use our best effort to break the impasse. Mayor Furlong: Okay. Councilman Litsey: One quick question. If you reach agreement sooner obviously you’ll start that process quicker? Or not. Craig Mertz: The sooner we get the permissions, the sooner we can get going. We’d like to end this chapter in the life of this business. Mayor Furlong: For everyone I’m sure. I guess the other question then is if you’re unable to th achieve that by the 14. Craig Mertz: Well then we’ll have to come back and talk to your planning experts here and see what, if anything we can propose to the council. th Mayor Furlong: Okay. So we’d want to do that with enough time in advance of the 14. Kate Aanenson: Yeah, we will schedule, this will be put on the docket for that meeting. Mayor Furlong: For that meeting. Kate Aanenson: Correct. Mayor Furlong: At which point we will see where we are. Kate Aanenson: That’s correct. Mayor Furlong: Thank you. Any other follow-up questions? Any discussion? Request seem reasonable to both staff and the applicant agree with the request so, is there any discussion or a motion? Councilwoman Ernst: I’ll make a motion. Mayor Furlong: Please. Councilwoman Ernst: Make a motion that we move to table the revocation of CUP 87-2 and IUP 92-1 until the September 14, 2009 City Council meeting to enable the applicant the opportunity to provide a resolution for all outstanding issues. Mayor Furlong: Is there a second? Councilman McDonald: I’ll second. 6 Chanhassen City Council – July 13, 2009 Mayor Furlong: Okay, thank you. Any discussion on the motion? Councilwoman Ernst moved, Councilman McDonald seconded that the City Council table the revocation of CUP 87-2 and IUP 92-1 until the September 14, 2009 City Council meeting to enable the applicant the opportunity to provide a resolution for all outstanding issues. All voted in favor and the motion carried unanimously with a vote of 4 to 0. Mayor Furlong: Thank you gentlemen. Craig Mertz: Thank you. Mayor Furlong: Yes, you’re welcome. COUNCIL PRESENTATIONS: Mayor Furlong: That completes our items of business this evening. We’ll move into council presentations and we have a few things to talk about I think. First of all maybe we can pick these up because I know we all had different levels of involvement but we had a little event a couple rdth weeks ago on the 3 and 4 of July. That was attended by a few of, or I should say tens of thousands of our closest friends so Todd, maybe you could just give us a quick update. I’m sorry to put you on the spot but since you’re here. It was a wonderful city party basically. Todd Hoffman: Absolutely. Two day event. Friday and Saturday. Friday was a holiday for most people and staff spent the day here setting up the evening’s event which included the street dance, the carnival, all the family games, the expanded venue heading all the way north on the playground. A much improved carnival layout and midway which people appreciated and we really sensed that we had the largest crowd of any year in our 26 year history of the event that evening and they stayed right up until the 11:00 bell and I asked the carnival, when do you shut down and they said well when people leave so they’ll stay open as long as the last people are available. The Rotary participated that evening again with their Taste of Chanhassen and the thth Rotary Beer Garden, which both went very well. CBO was back for their 11 or 12 year I believe it was and they entertained the crowd in a great fashion. They really appreciate the crowd here. It’s their favorite night of the year. They love coming to the Chanhassen Street Dance and playing. We opened up the next morning with the adult fishing contest at 7:00 a.m. so after a 1:30 clean-up the previous night and a 5:30 wake up, we’re down at the Lake Ann beach and boat access for 50 eager participants in that event. It’s become a real tradition in our community and then we follow that with a kid’s fishing contest. Games at the beach. Sand sculpture. The treasure hunt and then we move back up town for the parade at 2:30 which again a great day. Ended up would be about 80 registrants and again the Rotary sponsored that event th as well on the 4 of July. Many of you were in the parade or attended the parade and participated so a great day and then we wrapped it up with the fireworks and the carnival and all the other activities that took place that day so, wonderful 2 days. We receive many thank you’s from the community. People just stop in the middle of the street and roll down their window and th say thank you for the 4 of July. They really appreciate it. 7 Chanhassen City Council – July 13, 2009 Mayor Furlong: No, it’s great. I’ve had very similar reaction from people and people come up to me and say you know the parade is wonderful. For example as one woman said, we discovered it 5 years ago and now we plan around it. Just every year and people are doing the rd same thing on the street dance on the 3. Just saying you know I come here and I meet my old neighbors and every year this is where we catch up so it really has become a family tradition for many so Todd, please extend our appreciation. Thanks to all the city staff. I know John, Jerry and everybody put in a lot of time and over the days leading up to, during and after so we do really appreciate that. And I know we had Carver County sheriff’s office was here helping out and we appreciate that as well and obviously the groups. The Rotary you mentioned. The Chamber of Commerce was here with the business fair again, which was well attended so it’s just a great event. Comes off because a lot of people come together to get it done and it’s th appreciate so, any other thoughts or comments on the 4 of July? I know we all had, probably all participated in different ways. Councilwoman Ernst: No, I attended all the events, except the fishing contest, and I thought it was great. The parade was great. And I understand that the numbers were the same as last year in the parade. Todd Hoffman: The entries? Mayor Furlong: The entries. Councilwoman Ernst: Right. Mayor Furlong: I think the participants, spectators were up. Todd Hoffman: Up. Councilwoman Ernst: Oh, okay. Mayor Furlong: That actually looked more to me. In fact each year it seems like the parade spectators grow. Kerber Boulevard is now lined shoulder to shoulder with people and you know th the neighborhoods are more full as well. Of course West 78 is. Todd Hoffman: Packed. Wall to wall. Mayor Furlong: Just up to the buildings so. Councilwoman Ernst: Yeah, each year I don’t think it can get any better but it seems to be getting better and bigger every year. Good job. Councilman Litsey: I know when I went to work at like 6:00 in the morning that day, there were already people with their chairs and staking out some territory. th Mayor Furlong: Yep. Indeed. Excellent. Great event. Thank you. Any thoughts on the 4 Todd at this point? 8 Chanhassen City Council – July 13, 2009 Todd Gerhardt: No. Great time. I thought the parade really flowed this year. Hats off to the Rotary for making that very efficient and you know that big cloud was coming and I was getting nervous. Mayor Furlong: It held off. Todd Gerhardt: But it held off. Mayor Furlong: Todd did a good job. Todd Hoffman: Parted. Councilman Litsey: Such powers. Mayor Furlong: First drop hit at about 4:30. Back in the neighborhoods when the parade was done so that was fine. Todd Gerhardt: No, great event. Mayor Furlong: Okay. We got a little announcement this morning when Money Magazine on the Today Show released it’s listing of best places to live and Chanhassen was ranked number 2 in the country so I know that many of us have been involved at various levels throughout the day answering phone calls and talking to people but what a great honor and it really is and we should all be proud and I think clearly to everyone at City Hall for all that you do each and every day. Day in and day out making this a great place to live. We all appreciate it and that’s a big part of it but we have a lot of partners too. The school districts. We’re served by two great school districts and Minnetonka and Eastern Carver County. A relationship with the sheriff’s department for our contract police services, making this a safe city. The Arboretum. The Chanhassen Dinner Theater. Those were things that as I talked to the, those were things that she was very impressed with. And our fiscal achievements too. Our AAA bond rating and our ability to manage our affairs. Fiscally plan long term were things that she really said were, separated us and so it’s all things considered. It isn’t one thing but it’s everything and it’s something that we’ve all known that this is a great, great place to live, work and be a part of and now the secret’s out, right Todd? Todd Gerhardt: The secret is out. Mayor Furlong: In addition to the Family Circle Magazine 2 years ago, being top 10 city to raise a family, it’s the national spotlight turned on us earlier this morning which is great. Great recognition of everybody’s efforts so. th Todd Gerhardt: Yeah. I just think it’s what makes it special is like the 4 of July activities. You know makes it feel like a small town. You develop those traditions of meeting family and friends and neighbors at those events. Same thing with February Festival. As much as we dread our winters around here, we have to go out and embrace them because you can have fun in the 9 Chanhassen City Council – July 13, 2009 snow too and we do that. And I think it’s how we maintain our city. We reinvest back into our community and our roads, our sewer and water. Adding to our trails. Adding to our parks. It’s a well planned community and as the mayor said financially you know we have a plan and we’re moving towards that and accomplishing things. Always a work in progress but people are finally noticing what we’ve accomplished over the years here, and what other people have done in the past in building up that foundation so no. Nice to get recognized when you’re not out there asking for that recognition. Mayor Furlong: Exactly. Exactly. Great. Other thoughts or comments on that? Councilman Litsey: I just think it’s neat, like you said that we’re recognized for something we’re just doing. You know it’s not we’re not doing it to get recognized. We’re being recognized for what’s been done and I think the community spirit and so forth is just great. Just building on that. Mayor Furlong: And great legal advice. Councilman Litsey: I think that’s what turned it was that legal advice. Roger Knutson: You know you have something in common with one of the winners last year. Mayor Furlong: Well, yes. Councilman Litsey: Common denominator. Todd Gerhardt: I just throw them out there for you Roger. How many AAA rated cities do you represent? Roger Knutson: About 3 I think. Todd Gerhardt: 4. Mayor Furlong: Quite an honor. Quite an honor. We should all be proud. It’s something that I think is going to have a few legs and will go on for a little bit here. This is not over today. Any other comments, thoughts under council presentations? Councilwoman Ernst: Really I would like to mention the fact that I really like our electronic sign and I’ve heard a lot of good comments about it from the library. Still going up. Still putting some construction on it but it looks great. Looks much better than our black roll away sign. Councilman Litsey: Yeah. It’s easy to read. Good choice of color. Or one color I guess it is. Todd Hoffman: Amber. Todd Gerhardt: If you’re doing script it’s amber, right? 10 Chanhassen City Council – July 13, 2009 Mayor Furlong: Anything else for council presentations? Mr. Gerhardt, administrative. ADMINISTRATIVE PRESENTATIONS: Todd Gerhardt: Update on public works. Starting the roof this week and the sand salt should be concluded by the end of this week too. The structure that will house our sand and salt pile. So that project is moving along very nicely. Weather has not been a factor so we’re moving along great. Some other things that we’ve been working on. Commissioner Workman, Tom Workman has contacted us to try to set up an opportunity for the Transportation Advisory Board from Met Council to come out to Chanhassen and tour our trail system and maybe there could be some opportunities of partnering with them into the future. Showing them some of our gaps in our trail system so we’re excited about that so sometime in August, so if you want to start training for your bike ride. This is something that the TAB Board has done in other communities. They go out and bike throughout the community where they’ve already invested dollars in other communities. To date we have not received any Transportation Advisory Board money for our trail system so this might be a new resource for us to take a look at into the future and if you have that opportunity we’ll try to set that date and give you the heads up as early as possible. And that’s all I have. Mayor Furlong: One follow up. You and I met with Representative Joe Hoppe on Friday to follow up on our discussion that we had at an earlier work session about possible projects that we might solicit for bonding. It was a good meeting and Representative Hoppe was very receptive to our ideas and we had some good discussions so we’re trying to move that forward as well. Todd Gerhardt: Yeah, the next step in that process is he was going to go back and meet with State Representatives to see which of these might work best in that process and then get back to us and I’ll keep you updated on the final list as we submit it. Mayor Furlong: Any questions for Mr. Gerhardt or staff? No? Okay. CORRESPONDENCE DISCUSSION. None. Councilwoman Ernst moved, Councilman Litsey 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 7:35 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 11