CC SUM 2009 08 10
CHANHASSEN CITY COUNCIL
REGULAR MEETING
SUMMARY MINUTES
AUGUST 10, 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 McDonald, Councilwoman
Tjornhom and Councilman Litsey
COUNCIL MEMBERS ABSENT:
Councilwoman Ernst
STAFF PRESENT:
Todd Gerhardt, Roger Knutson, Laurie Hokkanen, Todd Hoffman, Kate
Aanenson, and Paul Oehme
PUBLIC PRESENT:
Gary and Mary Connell 6201 Murray Hill Road
Chris Chizinski University of Minnesota
David Austin 1411 Eleanor Avenue, St. Paul
Peter Sorenson University of Minnesota
PUBLIC ANNOUNCEMENTS:
None.
CONSENT AGENDA:Councilman Litsey 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 July 27, 2009
Receive Commission Minutes:
-Planning Commission Verbatim and Summary Minutes dated July 21, 2009
Resolution #2009-58:
b. Sponsorship Program for Park and Recreation Special Events:
Approve Resolution Accepting 2009 Donations.
Resolution #2009-59:
d. Public Works Facility Project 08-03: Approve Asphalt Paving
Bid.
e. Audubon Road Street Improvement Project 10-02: Award Preliminary Design
Consultant Contract.
f. Chanhassen Business Center Fourth Addition, Eden Trace Corporation: Approve PUD
Amendment to Allow Subdivision of Lot 2, Block 1.
Chanhassen City Council Summary – August 10, 2009
g. Approve Land Use Plan Amendment to Re-guide Property from Commercial to Office-
Industrial; Lot 1, Block, West One Addition.
j. Existing Public Works Building, 1591 Park Road: Approve Selection of Exclusive
Listing Agent.
k. Nextera, Inc., Wi-Fi Services, TH 5: Approve Water Tower Lease Agreement.
l. St. Hubert Catholic Community, 8201 Main Street: Approve Temporary On-Sale Liquor
License for Booster Club Fundraiser, September 12, 2009.
Resolution #2009-60:
m. Carver County: Approve Resolution in Support of Applying for
Federal Stimulus Money for Lateral Connections to the Fiber Loop.
Resolution #2009-61:
n. Metropolitan Council Livable Communities Demonstration Grant
Application: Consider Approval of Resolution in Support of Applying for Funds for
Improvements Related to Construction of the Downtown Park and Ride Facility.
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
VISITOR PRESENTATIONS:
None.
LAW ENFORCEMENT UPDATE:
Lt. Jim Olson provided an update on the two robberies
that occurred in the city over the past 2 weeks. One at the TCF Bank located in the Cub Foods
store and the other at the Holiday gas station. He also discussed issues with railroad crossings
within the downtown that are currently being addressed by the railroad company.
UNIVERSITY OF MINNESOTA CARP STUDY:
A. UPDATE ON STUDY OF CHANHASSEN LAKES;
B. MOTORIZED BOATS ON LAKE ANN.
Todd Hoffman presented the staff report on this item before introducing Peter Sorenson with the
Sorenson Lab at the University of Minnesota; post doctorate student Chris Chizinski; and David
Austin who is with CH2M Hill, the engineers for the Riley-Purgatory-Bluff Creek Watershed
District who presented an update on the carp and water quality studies that have been conducted
on Chanhassen city lakes. Mayor Furlong asked what’s being done to prevent winter fish kill.
Councilwoman Tjornhom moved, Councilman Litsey seconded that the Chanhassen City
Council approves a temporary permit to allow the University of Minnesota to operate
motorized watercraft on Lake Ann as a part of the carp and aquatic vegetation study. This
permit is effective for one year but may be administratively extended for one additional
year for a maximum duration of two years. All voted in favor and the motion carried
unanimously with a vote of 4 to 0.
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Chanhassen City Council Summary – August 10, 2009
GARY & MARY CONNELL, 6201 MURRAY HILL ROAD: APPROVE RESOLUTION
OUTLINING TERMS OF NON-CONFORMING USE FOR CARRIAGE HOUSE.
Kate Aanenson presented the staff report on this item. Councilwoman Tjornhom asked for
clarification on what makes this request different from similar recent requests. Mayor Furlong
asked for clarification on when the structure was built and remodeled. Councilman McDonald
asked what will stop the non-conformity from going forward. Councilman Litsey asked if any
modifications or upgrades could be done in the future. The applicant, Gary Connell first asked
for clarification of why this item was pulled off the consent agenda before reviewing information
which led him to believe that the two structures and their use may be continued under a
grandfathered status, noting that they are grateful for this proposal because it means they will
have an opportunity to legally occupy and live in their house. Mayor Furlong asked the city
attorney to clarify the definition of non-conforming use. The applicant provided numerous
examples of towns, cities and counties throughout the country that have enacted ordinances
regarding ADU’s, Accessory Dwelling Units. After comments from council members, the
following motion was made.
Resolution #2009-62: Councilman Litsey moved, Councilman McDonald seconded that the
Chanhassen City Council approves the attached resolution and agreement allowing the
property owner and their heirs to use the carriage house for personal habitation. The
carriage house may only be used for personal use while under ownership of the current
property owner and their children as named in the attached agreement and may not be
rented. The carriage house may not be expanded, intensified, or structurally changed
during such time as it’s used as a dwelling. All voted in favor and the motion carried
unanimously with a vote of 4 to 0.
CONSIDER APPROVAL OF AMENDMENT TO CHAPTER 20 OF CHANHASSEN
CITY CODE:
A. ELECTRONIC MESSAGE CENTER SIGNS.
B. BOATS AND WATERWAYS.
Kate Aanenson presented the staff report on the electronic message center signs and Planning
Commission update. Councilwoman Tjornhom asked if the issue of raised lettering on signs was
discussed by the Planning Commission. Councilman McDonald asked what will happen when
technology changes. Mayor Furlong asked if there would be any non-conforming signs in the
city if this ordinance amendment was passed.
Councilwoman Tjornhom moved, Councilman Litsey seconded that the Chanhassen City
Council adopt the proposed amendments to Chapter 20 of the Chanhassen City Code as
outlined in the staff report relating to Electronic Message Center Signs. All voted in favor
and the motion carried unanimously with a vote of 4 to 0.
Kate Aanenson presented the staff report on the ordinance amendments relating to boats and
waterways.
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Chanhassen City Council Summary – August 10, 2009
Councilwoman Tjornhom moved, Councilman Litsey seconded that the Chanhassen City
Council adopt the proposed amendments to Chapter 20 of the Chanhassen City Code as
outlined in the staff report pertaining to boats and waterways. All voted in favor and the
motion carried unanimously with a vote of 4 to 0.
CONSENT AGENDA: (I) CHANHASSEN CITY CODE: APPROVE AMENDMENT
TO CHAPTER 1, DEFINITIONS.
Kate Aanenson reviewed the proposed changes to definitions.
Councilman Litsey moved, Councilwoman Tjornhom seconded that the Chanhassen City
Council approve the proposed amendments to Chapter 1, Definitions of the Chanhassen
City Code as presented in the staff report. All voted in favor and the motion carried
unanimously with a vote of 4 to 0.
CONSENT AGENDA: (C). POLLUTION CONTROL AGENCY: APPROVE
RESOLUTION IN SUPPORT OF HOSTING A MINNESOTA GREEN CORPS INTERN.
Councilwoman Tjornhom pulled this item off the consent agenda to discuss the validity of this
program. Kate Aanenson provided background information on Green Corps and Todd Gerhardt
talked about the benefits of the intern position. Councilman McDonald expressed his concern
that this program seems to be more than just getting an intern. Councilman Litsey stated he
didn’t see the down side that this program was committing the City to do anything beyond what
was being presented. Mayor Furlong stated he was struggling to figure out if this request was a
want to do or a need to do. After discussion it was decided to defer the item with a footnote that
the Environmental Commission look into helping with tree inventory in the city.
COUNCIL PRESENTATIONS:
Council members commented on National Night Out. Mayor Furlong asked the City Manager to
thank all city staff members for their work day to day and Beth Hoiseth, the City’s Crime
Prevention Specialist, for her work in organizing the National Night Out activities. Mayor
Furlong asked Todd Hoffman to provide an update on the Miracles for Mitch Kids Triathlon.
Councilman McDonald commented on a letter he received regarding the application request
which approved a drive thru for a Milo’s Sub Shop which is now possibly becoming a Burger
King and his belief that the City was taken advantage of. Todd Gerhardt noted that city staff was
disappointed as well with the application but assured council members and residents that the city
will be enforcing it’s ordinances.
ADMINISTRATIVE PRESENTATIONS:
Todd Gerhardt reported on the limited damage from the last storm. Mayor Furlong reported on
Chanhassen Day at the Arboretum.
CORRESPONDENCE DISCUSSION.
None.
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Chanhassen City Council Summary – August 10, 2009
Councilman McDonald 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 9:15 p.m.
Submitted by Todd Gerhardt
City Manager
Prepared by Nann Opheim
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