CC SUM 2009 12 14
CHANHASSEN CITY COUNCIL
REGULAR MEETING
SUMMARY MINUTES
DECEMBER 14, 2009
Mayor Furlong called the meeting to order at 7:00 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, Greg Sticha and Jill Sinclair
PUBLIC PRESENT:
Christopher Flick Chicago, IL
Greg & Colleen Fletcher 7616 South Shore Drive
Chuck Beisner Carver, MN
Tom & Pam Devine 7640 South Shore Drive
PUBLIC ANNOUNCEMENTS:PRESENTATION OF ENVIRONMENTAL
EXCELLENCE AWARD WINNERS.
Mayor Furlong along with Denny Hanson, a member of the Environmental Commission,
presented awards to Greg and Colleen Fletcher for their installation of a paver driveway to help
with water runoff into Lotus Lake and St. Hubert’s Church and School for their Project Reduce,
Reuse and Recycle program.
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 23, 2009
-City Council Verbatim and Summary Minutes dated November 23, 2009
-City Council Verbatim and Summary Minutes dated December 7, 2009
Receive Commission Minutes:
-Planning Commission Verbatim and Summary Minutes dated December 1, 2009
-Park and Recreation Commission Verbatim and Summary Minutes dated November 24,
2009
b. Park and Recreation Volunteer Service Awards: Approve List of Winners.
City Council Summary – December 14, 2009
Resolution #2009-87:
c. Resolution Accepting Donations to Chanhassen Senior Center
from Community Bank.
Resolution #2009-88:
d. Approve Resolution for Withdrawal and Termination from the
Joint and Cooperative Agreement with the Regional Mutual Aid Association for the Use
of Personnel and Equipment during Emergencies.
Resolution #2009-89:
e. 2010 Street Improvement Project 10-01: Accept Feasibility
Report; Call Public Hearings for Red Cedar Point and Erie Avenue Areas.
Resolution #2009-90:
f. Well No. 14, Project 10-03: Approve Plans and Specifications;
Authorize Advertising for Bids.
Resolution #2009-91:
g. Approval of Vehicle Purchases Consistent with the Capital
Improvement Project.
Resolution #2009-92:
h. Chanhassen Public Works Facility, Project 08-03: Approve
Change Order #3.
i. American Tower Corporation: Approve Amendment to Conditional Use Permit 09-3 to
Allow Co-Location/Addition of ITT/FAA Antennas and Radio Equipment at an Existing
Telecommunications Tower, 2290 Lyman Boulevard.
Resolution #2009-93:
j. Approve Resolution Amending the 2009 Budget.
Resolution #2009-94:
k. Extend Authorization for Mayor, City Manager and Finance
Director to Execute Refunding Bonds Without Prior Council Approval.
Resolution #2009-95:
l. Approve Resolution Establishing Procedures Relating to
Compliance with Reimbursement Bond Regulations under the Internal Revenue Code.
Resolution #2009-96:
m. Resolution Approving a Land Use Plan Amendment, Re-Guiding
Lot 1, Block 1, West One Addition from Commercial to Office Industrial (7900 Kerber
Boulevard).
n. Approval of Temporary On-Sale Intoxicating Liquor License, February Festival,
February 6, Chanhassen Rotary Club.
o. Approve Tower Lease Agreement with Clear Wireless, LLC for Murray Hill Water
Tower and Lake Lucy Water Tank.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
VISITOR PRESENTATIONS:
None.
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City Council Summary – December 14, 2009
PUBLIC HEARING ON FIVE YEAR STREET RECONSTRUCTION PLAN.
Paul Oehme
presented the staff report on this item outlining the street reconstruction projects proposed for the
next 5 years. Councilman McDonald asked about feedback from residents at the neighborhood
meetings. Councilman Litsey asked staff to explain how having $100,000 less from the general
fund in 2010 going into the revolving assessment construction fund will affect the City’s ability
to complete the projects in the 5 year plan. Due to neighborhood concern, Mayor Furlong asked
for clarification that the projects scheduled for 2012 and 2014 are planned to go forward as
planned. Mayor Furlong opened the public hearing. No one spoke and the public hearing was
closed.
Resolution #2009-97: Councilwoman Tjornhom moved, Councilwoman Ernst seconded
that the City Council approves the Five Year Street Reconstruction Plan, approves the
attached Resolution #2009-97 and provides preliminary approval for the issuance of bonds
for City Project 10-02. All voted in favor, except Councilman Litsey who opposed, and the
motion carried with a vote of 4 to 1.
CHANHASSEN TRANSIT STATION, 500 MARKET STREET.
A. PUBLIC HEARING TO CONSIDER VACATION OF DRAINAGE AND UTILITY
EASEMENTS.
Paul Oehme presented the staff report on the vacation of drainage and utility easements. Mayor
Furlong opened the public hearing. No one spoke and the public hearing was closed.
Resolution #2009-98:Councilwoman Tjornhom moved, Councilman McDonald seconded
that the City Council vacate a portion of the drainage and utility easement per Document
Number 30100 and vacate the drainage and utility easement per Document Number 30101
as shown on the survey prepared by Egan, Field and Nowak. Approval is contingent upon
filing the Chanhassen Station final plat and execution of a temporary construction
easement. All voted in favor and the motion carried unanimously with a vote of 5 to 0.
B. FINAL PLAT APPROVAL.
Paul Oehme and Kate Aanenson presented the staff report on the final plat. Mayor Furlong
opened the meeting for public comment. Fred Reese, owner of the property where the Goddard
School is located, expressed concern with pedestrians crossing between the transit station and the
Goddard School.
Resolution #2009-100: Councilwoman Ernst moved, Councilwoman Tjornhom seconded
that the City Council adopt the attached resolution approving the final plat for the
Chanhassen Transit Station with the following conditions:
1.Outlot B and Lot 1, Block 2 shall be conveyed to the City.
2.Existing public and private utilities must be encompassed by a ten-foot wide drainage and
utility easement centered over the utility
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City Council Summary – December 14, 2009
3.The main drive aisle dimensions to the parking ramp shown on Sheet C200 must be clarified.
4.The parking ramp and surface parking area shall be privately owned and maintained.
5.The sidewalks within Outlot B shall be maintained by SouthWest Transit.
6.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.
7.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
across a sidewalk.
8.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.
9.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.
10.Hydraulic calculations must be submitted with the final plat submittals.
11.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.
12.A building permit is required for the proposed retaining wall.
13.It is the developer’s responsibility to coordinate any small utility relocation with the
appropriate utility company.
14.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.
15.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.
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City Council Summary – December 14, 2009
16.All plans must be revised to reflect a continuous sidewalk along the north edge of Market
Street.
17.Approval of the subdivision is contingent upon approval of the vacation of the drainage and
utility easement.
18.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.
C. APPROVE AMENDMENT TO CONSULTANT CONTRACT FOR ADDITIONAL
FINAL DESIGN PHASE SERVICES.
Paul Oehme presented the staff report on this item. Todd Gerhardt thanked Jon Horn of Kimley-
Horn and Associates for his superior effort in assisting with this project.
Councilwoman Ernst moved, Councilwoman Tjornhom seconded that the City Council
approves the amendment in the amount of $34,500 for additional design services to Kimley-
Horn and Associates, Inc. for the Chanhassen Transit Station, Project 08-11. All voted in
favor and the motion carried unanimously with a vote of 5 to 0.
PUBLIC HEARING: CONSIDER AMENDMENT TO CHAPTER 4 OF CITY CODE;
LICENSE, PERMIT AND ADMINISTRATIVE FEES.
Greg Sticha presented the staff report on this item. Councilman Litsey asked staff to explain how
the utility rate structure is going to change for 2010 and how much impact there will be on the
average homeowner in Chanhassen in terms of water consumption. Councilwoman Ernst asked
staff to explain how supplies and chemicals have generated cost increases. After the motion was
made and seconded Councilman Litsey stated he was troubled by the inconsistency of the
council in their willingness to raise utility fees but not willing to set the preliminary levy at a
level to address infrastructure needs. There was discussion about the difference between the
purpose of the general fund and enterprise funds.
Councilwoman Tjornhom moved, Councilwoman Ernst seconded that the City Council
adopts the attached ordinance amending Chapter 4, Chanhassen City Code License,
Permit and Administrative Fees for 2010. All voted in favor, except Councilman Litsey
who opposed, and the motion carried with a vote of 4 to 1.
CONSIDER ADOPTION OF THE 2010 BUDGET AND CAPITAL IMPROVEMENT
PROGRAM.
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Greg Sticha reviewed highlights of the budget proposal that was presented at the December 7
City Council meeting. During discussion of the motion Councilman Litsey voiced his overall
disappointment in the budget process. Councilman McDonald addressed Councilman Litsey’s
comments regarding the increase in utility fees, ethics, road funding, cutting council member
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City Council Summary – December 14, 2009
salaries and eliminating food at work sessions. Councilwoman Tjornhom shared her philosophy
of why she is on the city council. Councilwoman Ernst asked Councilman Litsey to respond to
her two questions. Number one, if he accepts the fact that the rest of the council did not agree
with the direction he wanted to go with the budget process and two, if he can move on. Mayor
Furlong provided his comments on the budget process.
Resolution #2009-99: Councilwoman Ernst moved, Councilwoman Tjornhom seconded
that the City Council adopts a resolution establishing the 2010 final levy at $10,213,190,
approves total general fund expenditures of $9,557,400, and the CIP for 2010-2014 in the
total amount of $59,933,650. All voted in favor, except Councilman Litsey who opposed,
and the motion carried with a vote of 4 to 1.
CONSIDER APPROVAL OF 2010 CONTRACT FOR POLICE SERVICES WITH
CARVER COUNTY.
Lt. Jim Olson provided information on crime trends, overall cost of service in the city from 2006
to 2008 and comparisons of the 2009 to 2008 year to date numbers. He discussed the high
profile crimes that occurred in the city over the past year, increasing efficiency and effectiveness
through technology and what’s planned for 2010. Councilman Litsey asked for clarification of
why the sheriff’s department was not recommending to complete their plan for 2010 if the data is
pointing to the fact that the plan proposed in 2007 seems to be working. Lt. Olson and
Commander Enevold addressed Councilman Litsey’s concerns.
Councilwoman Ernst moved, Councilwoman Tjornhom seconded that the Chanhassen City
Council approves the 2010 Law Enforcement Contract with Carver County which includes
funding for the Southwest Drug Task Force. All voted in favor, except Councilman Litsey
who opposed, and the motion carried with a vote of 4 to 1.
APPOINTMENT TO SOUTHWEST TRANSIT COMMISSION.
Todd Gerhardt reviewed the 3 applicants being considered for the 1 vacant position. After
comments and discussion amongst council members, the following motions were made.
Councilman Litsey moved, Mayor Furlong seconded that the City Council appoint Neil
Anderson to the Southwest Transit Commission for a term beginning on January 28, 2010
and expiring on December 31, 2012. Councilman Litsey voted in favor, the rest of the
council opposed. The motion failed with a vote of 1 to 4.
Councilwoman Tjornhom moved, Councilwoman Ernst seconded that the City Council
appoint Jody King to the Southwest Transit Commission for a term beginning on January
28, 2010 and expiring on December 31, 2012. All voted in favor, except Councilman Litsey
who opposed, and the motion carried with a vote of 4 to 1.
COUNCIL PRESENTATIONS:
None.
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City Council Summary – December 14, 2009
ADMINISTRATIVE PRESENTATIONS:
Todd Gerhardt reminded residents that winter
parking rules are in effect.
CORRESPONDENCE DISCUSSION.
Mayor Furlong commented on the holiday hours for
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City Hall which will be closing at noon on December 24 and December 31. He also thanked
everybody for their effort and service over the past year.
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 10:00 p.m.
Submitted by Todd Gerhardt
City Manager
Prepared by Nann Opheim
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