CC SUM 2009 11 23
CHANHASSEN CITY COUNCIL
REGULAR MEETING
SUMMARY MINUTES
NOVEMBER 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, Kate Aanenson, Paul
Oehme, and Todd Hoffman
PUBLIC PRESENT:
Anna Ewen Student
PUBLIC ANNOUNCEMENTS:
Mayor Furlong invited all residents to attend the annual Tree
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Lighting Ceremony on Saturday, December 5 sponsored by the City of Chanhassen and the
Chanhassen Business Council.
CONSENT AGENDA: Councilwoman Ernst moved, Councilwoman Tjornhom 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 November 9, 2009
-City Council Verbatim and Summary Minutes dated November 9, 2009
Receive Commission Minutes:
-Planning Commission Verbatim and Summary Minutes dated November 3, 2009
-Planning Commission Verbatim and Summary Minutes dated November 17, 2009
-Park & Recreation Commission Verbatim & Summary Minutes dated October 27, 2009
b. St. Hubert Church, 8201 Main Street: Approve Request for Temporary On-Sale Liquor
License for Events on January 8 and February 13, 2010.
c. Riley-Purgatory-Bluff Creek Watershed District: Approve Variance from the
Horsepower Restrictions on Lake Ann.
Resolution #2009-83:
d. Well No. 4 Raw Watermain, Project 09-02: Award Construction
Contract.
f. Environmental Excellence Awards: Approve List of Winners.
City Council Summary – November 23, 2009
Resolution #2009-84:
h. Approve Agreement with MnDOT and TCW Railroad for
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Replacement of Railroad Crossings at West 78 Street and TH 101.
i. Table Grant from the MnDNR for the Purchase of Property Tributary to Bluff Creek.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
VISITOR PRESENTATIONS:
Mike Casanova with the Riley-Purgatory-Bluff Creek
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Watershed District invited council members to a meeting being held on December 1 at the
Chanhassen Legion where doctors from the University of Minnesota will give a presentation on
the carp studies.
LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE.
Lt. Jim Olson gave a reminder
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that as of November 1 winter parking rules are in effect, and explained how a burglary suspect
confessed to over 100 crimes in which she targeted fitness and daycare centers. Councilman
Litsey voiced his disappointment that the budget presentation at the council’s work session in
October was completely inadequate stating Lt. Olson seemingly unprepared, catered to what the
majority of the City Council members wanted to hear rather than what they needed to hear and
abandoned the plan put forth by the current sheriff addressing staffing deficiencies in
Chanhassen. Chief Gregg Geske stated the call numbers for 2009 are down from the previous
year, reminded people to be careful of thin ice on area ponds and lakes and to be careful when
disposing of fireplace ashes. Chief Geske informed the council that this would be his last City
Council update as he is stepping down as Fire Chief.
GLEASON VARIANCE, 2111 PINEHURST DRIVE (LOT 22, BLOCK 1, PINEHURST
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2 ADDITION): REQUEST FOR AN AFTER-THE-FACT HARD SURFACE
COVERAGE VARIANCE. APPLICANT: US HOME CORPORATION.
Kate Aanenson presented the staff report and Planning Commission update on this item.
Councilwoman Tjornhom asked for clarification of when the variances at 2101 and 2081
Pinehurst were denied and how the inspection process works. Mayor Furlong asked about
hardship. Councilwoman Tjornhom asked why this neighborhood is having so many problems
with variances. Carol Toohey with Lennar Corporation (aka US Home Corporation), addressed
the issue of the driveway and hard surface coverage on the lot. Councilman McDonald asked
why US Home Corporation hasn’t offered to remove the portion of the driveway that exceeds the
hard surface coverage requirement. Todd Gleason shared his frustration with how the process
has worked. Councilwoman Ernst asked if there was anything that could be done to help with
surface water runoff. Councilman Litsey asked for clarification of the inspection process that
was followed. After comments from council members, a motion to table was made and
seconded. Roger Knutson informed the council and applicant that an extension of time was
needed in writing.
Councilman McDonald moved, Councilman Litsey seconded that the City Council approve
a motion to table the after the fact hard surface coverage variance request for 2111
nd
Pinehurst Drive (Lot 22, Block 1, Pinehurst 2 Addition). All voted in favor and the
motion carried unanimously with a vote of 5 to 0.
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City Council Summary – November 23, 2009
CITY CODE AMENDMENTS: APPROVE AMENDMENTS TO CHAPTER 20,
ZONING CONCERNING COMMUNITY COMMERCIAL AND
REGIONAL/LIFESTYLE COMMERCIAL ZONING DISTRICTS.
With the completion of the City’s comprehensive plan, Kate Aanenson presented the staff report
outlining the implementation of two new commercial zoning districts. Mayor Furlong asked for
clarification of the specific guidelines within a PUD and the whole purpose of flexibility within a
PUD. Jeff Fox expressed concern with the verbiage regarding height restrictions. Rick Dorsey
asked for flexibility regarding the height restrictions as well as the timing issue outlined in
Section 20-502(a)(3) dealing with the residential element. After comments from council
members, the following motion was made.
Councilwoman Ernst moved, Councilwoman Tjornhom seconded that the City Council
adopt the ordinances amending the Chanhassen City Code creating a Community
Commercial Zoning District and Planned Unit Development Standards for
Regional/Lifestyle Center Commercial Districts. 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.
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CHANHASSEN TRANSIT STATION, 500 WEST 78 STREET:
A. PUBLIC HEARING ON AUTHORIZING PREPARATION OF PLANS AND
SPECIFICATIONS.
B. APPROVAL OF SITE PLAN WITH VARIANCES AND PRELIMINARY PLAT.
C. APPROVAL OF PURCHASE AGREEMENT WITH BLOOMBERG
COMPANIES; COOPERATIVE AGREEMENT WITH SOUTHWEST TRANSIT;
REDEVELOPMENT AGREEMENT WITH BLOOMBERG COMPANIES;
SPECIAL ASSESSMENT AGREEMENT WITH BLOOMBERG COMPANIES;
RESOLUTION WAIVING APPROVAL BY THE PLANNING COMMISSION
AND ACCEPTING THE DEED FROM THE ECONOMIC DEVELOPMENT
AUTHORITY; RELOCATION AGREEMENT WITH EXCELSIOR
ENTERTAINMENT, LLC.
Paul Oehme introduced Jon Horn with Kimley-Horn Associates to give a brief summary of the
public improvement project outlined in the feasibility study. Len Simich, CEO of Southwest
Transit gave a power point presentation on ridership numbers, timing for construction and
funding of the project. Councilman McDonald asked if this project could be added onto
vertically in the future. Len Simich discussed the downtown vision and height requirements.
Councilwoman Ernst asked about capacity numbers at the downtown and Southwest Village
ramps and the possibility of express service to downtown. Councilwoman Tjornhom asked
about the overflow parking stalls at Lake Ann Park. Clayton Johnson with the Bloomberg
Companies, along with legal counsel John Rice and two major shareholders Rita Bloomberg and
Meta Devine, spoke in support of the parking ramp project after providing historical background
on the Dinner Theater and the Bloomberg Companies concessions to get this project completed.
Mayor Furlong opened the public hearing for the public improvement portion of the project. No
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City Council Summary – November 23, 2009
one spoke and the public hearing was closed. Kate Aanenson presented the staff report and
Planning Commission update on the site plan with variances and preliminary plat. Councilman
McDonald expressed concern with the 8 1/2 foot width for the parking stalls. Councilwoman
Ernst asked about security and where existing customers will park during construction. Todd
Gerhardt reviewed the various agreements needed for the project.
Resolution #2009-85: Councilman McDonald moved, Councilwoman Ernst seconded that
the City Council order the project and authorizes preparation of plans and specifications
for the Chanhassen Transit Station Park and Ride, Project 08-11. All voted in favor and
the motion carried unanimously with a vote of 5 to 0.
Councilman McDonald moved, Councilwoman Ernst seconded thatthe City Council
approves variance request #09-18 to allow parking spaces that are 8½ feet wide and drive
aisles that are 24½ feet wide, as shown in plans dated received October 16, 2009, and
including the attached Findings of Fact and Recommendation with the following condition:
1.Approval of the variance application is contingent upon approval of the final plat and site
plan permit – Planning Case 2009-18.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
Councilman McDonald moved, Councilwoman Ernst seconded thatthe City Council
approves the preliminary plat for Chanhassen Transit Station –Planning Case 09-18 as
shown in plans dated received October 16, 2009, subject to the following conditions:
1.Outlot B shall be conveyed to the City.
2.The preliminary plat must be revised to include the City’s standard drainage and utility
easements.
3.Existing public and private utilities must be encompassed by a ten-foot wide drainage and
utility easement centered over the utility.
4.The main drive aisle dimensions to the parking ramp shown on Sheet C200 must be clarified.
5.The parking ramp and surface parking area shall be privately owned and maintained.
6.The sidewalks within Outlot B shall be maintained by SouthWest Transit.
7.The grading plan is incomplete. It must show the existing two-foot contours on the north and
west side of the proposed construction limits. The proposed contours must tie in to the
existing contours.
8.The proposed concrete spillway that would convey runoff from the western 25 to 50 feet of
the parking lot on Lot 1, Block 1 must be eliminated from the design as it would direct runoff
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City Council Summary – November 23, 2009
across a sidewalk.
9.The hydrology calculations must be revised to include the drainage area to the north,
particularly the flared end section that discharges approximately 55 feet north of CB B.
10.The developer’s engineer and the City’s engineering consultant must coordinate their
respective designs to ensure that the rate and volume control requirements are met.
11.Hydraulic calculations must be submitted with the final plat submittals.
12.The developer’s engineer must work with the City’s engineering consultant for the public
street project to ensure that the City’s storm sewer design will be able to accommodate the
runoff from the parking ramp storm sewer.
13.A building permit is required for the proposed retaining wall.
14.It is the developer’s responsibility to coordinate any small utility relocation with the
appropriate utility company.
15.The utility plan must be changed to reflect the following:
a.Show the directional flow arrows on existing and proposed utilities.
b.Adjust the line work so that the proposed storm sewer can be seen on the plan.
c.Show the connection to the existing storm sewer on the southwest corner of the
construction limits.
d.Include a note where the rain leaders connect to the existing storm sewer.
16.Full park fees shall be paid in lieu of parkland dedication and/or trail construction. The fees
shall be collected for Lot 1 Block 1 (1.45 acres) as a condition of approval for Chanhassen
Transit Station. The park fees shall be collected in full at the rate in force upon final plat
submission and approval. The current park and trail fee charge for commercial property is
$12,500 per acre.
17.All plans must be revised to reflect a continuous sidewalk along the north edge of Market
Street.
18.The plat must be revised to include a 20 foot wide drainage and utility easement centered over
the existing watermain within proposed Lot 1, Block 2.
19.Approval of the subdivision is contingent upon approval of the vacation of the drainage and
utility easement.
20.The executed temporary easement agreement must be submitted before the final plat is
recorded.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
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City Council Summary – November 23, 2009
Councilman McDonald moved, Councilwoman Ernst seconded thatthe City Council
approves the site plan for the construction of the parking ramp and transit station for
Planning Case 09-18 as shown in plans dated received October 16, 2009, subject to the
following conditions:
1.The monument sign proposed on Lot 2, Block 1, shall not exceed 8 feet in height.
2.Only one logo shall be permitted along the east elevation.
3.A lighting plan that is in keeping with the approved standards shall be submitted to the City.
4.Approval of the Site Plan is contingent upon approval of the final plat and variance –
Planning Case 2009-18.
5.Building Official Conditions:
a.Elevator\office\lobby structure is required to have an automatic fire extinguishing system.
b.The plans must be prepared and signed by design professionals licensed in the State of
Minnesota.
c.Accessible routes must be provided to commercial buildings, parking facilities and public
transportation stops.
d.All parking areas, including parking structure, must be provided with accessible parking
spaces.
e.The owner and or their representative shall meet with the Inspections Division as soon as
possible to discuss property line issues as well as plan review and permit procedures.
6.Inlet protection will be required on all conveyance systems – existing and proposed.
7.Concrete washout area needs to be shown on the plan set.
8.A note is to be added to sheet C-600 under the Dandy Bag detail to indicate that the bag must
be cleaned out any time it reaches one-half the capacity.
9.The curb cut inlets to the rain garden should be made as wide as practicable. A minimum of
eight feet is recommended to avoid concentrated flows and subsequent erosion.
10.The concrete spillway should be replaced with a vegetated swale.
11.All exposed soil areas must be stabilized within 7 days after the construction activity in that
portion has temporarily or permanently ceased.
12.If any credits are to be applied to the SWMP fees, the drainage calculations should be revised
to include the rain garden.
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City Council Summary – November 23, 2009
13.Total SWMP fees due at the time of final plat are $34,731.48. It is possible that a credit may
apply for the rain garden feature. However, as the drainage calculations do not address what
area is being treated in the rain garden, this credit cannot be calculated.
14.The plans shall show all existing utilities including but not limited to aboveground and
underground electric lines and underground gas lines. Utility companies shall be contacted for
locates.
15.Approval of the site plan is contingent upon approval of the vacation of the drainage and utility
easement and abandonment of the existing utilities within the vacated area.
16.The applicant shall enter into a site plan agreement.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
Councilman McDonald moved, Councilwoman Ernst seconded thatthe City Council
approve the following agreements contingent upon approval of the Cooperative Agreement
with Southwest Transit:
1. Purchase Agreement between City of Chanhassen and Bloomberg Companies;
2. Redevelopment Agreement between City of Chanhassen and Bloomberg Companies;
3. Special Assessment Agreement between City of Chanhassen and Bloomberg Companies
as amended on November 23, 20909;
Resolution #2009-86:
4. Resolution Waiving Approval by the Planning Commission and
Accepting the Deed from the Economic Development Authority;
5. Relocation Agreements.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
COUNCIL PRESENTATIONS.
Councilman McDonald thanked council and staff for the
flowers and thoughts for him and his wife. Mayor Furlong gave an update on the Southwest
Chamber luncheon and thanked Assistant City Manager Laurie Hokkanen for all her efforts in
helping with the presentation
ADMINISTRATIVE PRESENTATIONS.
Todd Gerhardt provided an update on the
construction of the new public works facility.
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 10:10 p.m.
Submitted by Todd Gerhardt
City Manager Prepared by Nann Opheim
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