CC SUM 2012 12 10
CHANHASSEN CITY COUNCIL
REGULAR MEETING
SUMMARY MINUTES
DECEMBER 10, 2012
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 McDonald, Councilwoman
Tjornhom, Councilwoman Ernst, and Councilman Laufenburger
STAFF PRESENT:
Todd Gerhardt, Laurie Hokkanen, Paul Oehme, Kate Aanenson, Todd Hoffman,
Greg Sticha and Roger Knutson
PUBLIC PRESENT:
Gerald Wolfe 7750 Vasserman Trail
Roger & Norma Van Haafter 2102 Clover Court
Cathy Meyer 7662 Ridgeview Way
Kim Daughton 7688 Vasserman Trail
Stacy Beno 7563 Ridgeview Point
Barb Vanderploeg 7706 Vasserman Place
Kathryn Peterson 7713 Vasserman Place
Resident 7707 Vasserman Place
Norma May 2050 Clover Court
Mary & Art Roberts 7762 Vasserman Place
Steve Sheldon 7711 Ridgeview Way
Stan & Mary Valensky 7752 Vasserman Place
Lance & Dianne Erickson 7735 Vasserman Trail
Resident 7634 PFB
John Cullen 2042 Clover Court
Lac Trinh 2050 Waterleaf Lane West
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Deb Meyer 1611 West 63 Street
Michaele & Larry Martin 7725 Vasserman Trail
Nora Stacey 7699 Ridgeview Way
Dave Callister 7541 Windmill Drive
Roger & Susan Remaley 2198 Baneberry Way West
Stephanie Klein 7710 Ridgeview Way
Dan & Kelly Bock 7677 Vasserman Trail
Chris Sibley 7683 Vasserman Trail
Sarah Thomas 2555 Longacres Drive
Victoria Simpson 6430 Yosemite Avenue
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Jane Meyer 1611 West 63 Street
Chas Engh 7642 Prairie Flower Blvd
William Brown 7676 Prairie Flower Blvd
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Greg & Tammy Falconer 720 West 96 Street
Miron Marcotte 7240 Galpin Blvd
John Pitz 2117 Majestic Way
Lori & Dave Moser 7632 Ridgeview Way
Jim Boettcher 7476 Crocus Court
Steve & Debbie Ledbetter 7756 Vasserman Place
City Council Summary – December 12, 2012
Charlie Goetzinger 7521 Windmill Drive
Keith & Regina Deanes 7651 Ridgeview Way
Brad Hodgins 7633 Ridgeview Way
Julie Greely 2431 Bridle Creek Trail
Les Anderson 2033 Clover Court
Carrie Webber 7608 Ridgeview Way
Ron Schuster Timberwood Estates
Marvin L. Oman 6951 Ridgeview Lane
Tom & Sharon Kraus 7744 Vasserman
Scott Yager 2351 Hunter Drive
Michael Hjermstad 2056 Waterleaf Lane West
David Windschitl 7620 Ridgeview
Chris Hentges 7500 Windmill Drive
Tim Pass 7650 Ridgeview Way
Mark Magnuson 7715 Vasserman Trail
Kelly Koemptgen 7682 Vasserman Trail
Adam Bauman 7717 Ridgeview Way
Jinjun Xiao 7704 Ridgeview Way
Lin Farr 7704 Ridgeview Way
Blake Gottschalk 2197 Majestic Way
Lisa Birhanzel 7692 Ridgeway Way
J.D. Ryan 8121 Pinewood Circle
Jeff Weyandt 7626 Ridgeview Way
Melissa Crow 7663 Ridgeview Way
Mark Struthers 7600 Walnut Curve
J.P. Meese 7811 Great Plains
John Crow 7663 Ridgeview Way
Mike Muffenbier 7675 Ridgeview Way
Sue & Jim Cantlin 7674 Ridgeview Way
Brian & Patty Hugh 7441 Windmill Drive
Kathie Price 7369 Ridgeview Place
Brad & Alisa Lacomy 7301 Fair Hill Road
Julie Sibley 7683 Vasserman Trail
PUBLIC ANNOUNCEMENTS:
None.
CONSENT AGENDA: Councilman Laufenburger 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 November 26, 2012
-City Council Verbatim and Summary Minutes dated November 26, 2012
Receive Commission Minutes:
-Planning Commission Verbatim and Summary Minutes dated November 20, 2012
-Park and Recreation Commission Verbatim and Summary Minutes dated November 27, 2012
Resolution #2012-66:
b. 2013 Street Rehabilitation Project No. 13-01: Accept Feasibility Report,
Call for Public Hearing.
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City Council Summary – December 12, 2012
Resolution #2012-67:
c. Approve No Parking Resolution for Lyman Boulevard between Audubon
Road and Powers Boulevard.
d. Approve Contract with the Carver County Sheriff’s Office for Police Services.
Resolution #2012-68:
e. Approve Resolution Accepting Donation from Mount Olivet Rolling
Acres in Lieu of Taxes.
Resolution #2012-69:
f. Comprehensive Plan Amendment/City Code Amendment: Approve
Amendment to the Transportation Element of the Comprehensive Plan Regarding Functional
Classifications; and Amendment to Chapter 20, Zoning, Section 20-5, Identification of Arterial
and Collector Streets.
Resolution #2012-70:
g. Resolution Designating Northland Securities as One of the City’s
Investment Providers.
h. Approve Temporary On-Sale Liquor License, January 1, 2013, St. Hubert Catholic Community,
8201 Main Street.
Resolution #2012-71:
i. Approve Resolution Accepting Donation from Community Bank for the
Senior Center Holiday Party.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
VISITOR PRESENTATIONS:
None.
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PUBLIC HEARING: MEYER ADDITION, 1611 WEST 63 STREET, APPLICANT: JAY
MEYER:
A. CONSIDER APPROVAL OF METES & BOUNDS SUBDIVISION.
B. PUBLIC HEARING TO CONSIDER VACATION OF DRAINAGE AND UTILITY
EASEMENT.
Kate Aanenson and Paul Oehme presented the staff report on this item. Councilman Laufenburger asked
about neighborhood feedback. Mayor Furlong asked if Lot 4 was an existing lot of record before
opening the public hearing. No one spoke and the public hearing was closed.
Resolution 2012-72: Councilwoman Ernst moved, Councilman Laufenburger seconded that the
approve the subdivision creating two lots, subject to the following conditions
City Council
and adoption of the attached Findings of Fact and Decision.
Building:
1. A final grading plan and soils report must be submitted to the Inspections Division before
building permits can be issued.
2. Retaining walls over four feet high require a permit and must be designed by a professional
engineer.
3. Each lot must be provided with separate sewer and water services.
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City Council Summary – December 12, 2012
Engineering:
1.If the retaining wall exceeds four feet in height, it must be designed by an engineer and a
building permit for the wall will be required.
2.The $10,173.00 cash fee must be paid before the deeds are recorded.
3.If the final subdivision submittals are received after 2012, the cash fee shall be recalculated
based on the rates in effect at that time.
4.The remaining 70% of the sanitary sewer and water hookup fees must be paid with the
building permit at the rate in effect at that time.
Environmental Resource Specialist:
1.Prior to grading, tree preservation fencing must be installed at the tree driplines on Parcel B.
If the trees are removed or damaged during construction, replacement will be required at a
rate of 2:1 diameter inches.
2.Building permit survey for each lot shall be required to show all trees and their removal or
preservation status. Tree removal for each lot shall be approved by the city.
3.Parcel B will be required to plant two trees.
Parks:
1.Parks fees of $5,800.00 shall be paid for each new single-family lot prior to the recording of
the property deed.
Planning:
1.The legal description for Parcel A shall be revised to include Lot 4, Block 1, Stoddart
Addition.
2.Deeds shall submitted to the city for review and recorded at Carver County for the two
parcels.
Water Resource Coordinator:
1. Total surface water management fees due prior to recording the property deed are $1,914.55.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
Resolution #2012-73: Councilwoman Ernst moved, Councilman Laufenburger seconded that the
City Council adopt a resolution to vacate a portion of the drainage and utility easements on Lot 1,
Block 1, Stoddart Addition, as shown on the attached survey prepared by Premier Land Surveying,
LLC, dated 11/05/2012 and subject to the dedication of additional drainage and utility easements as
shown on the "Proposed Drainage & Utility Easements" survey prepared by Premier Land
Surveying, LLC dated 10/29/2012, revised 11/19/2012.
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City Council Summary – December 12, 2012
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720 WEST 96 STREET VARIANCE: REQUEST FOR VARIANCE FROM SECTION 20-904
OF THE CHANHASSEN City Code TO ALLOW AN ACCESSORY STRUCTURE IN EXCESS
OF 1,000 SQUARE FEET ON PROPERTY ZONED AGRICULTURAL ESTATE DISTRICT
(A2); APPLICANT/OWNER: GREG & TAMMY FALCONER.
Kate Aanenson presented the staff report and Planning Commission update on this item. Councilwoman
Tjornhom asked for clarification of the alternatives proposed by staff. Councilman Laufenburger asked
for clarification of the legal non-conforming structures and what is being proposed. The applicant, Greg
Falconer explained the reasons for what they were proposing to build. Councilman Laufenburger asked
for clarification of the drainage patterns on the property. Councilwoman Ernst asked about the options
available to the applicant. Councilman McDonald asked the applicant to explain why the alternatives
proposed by staff would not work. Councilman McDonald asked about the retaining wall.
Councilwoman Tjornhom asked staff to explain the negative impact of approving this proposal. Mayor
Furlong asked about the city’s proposed alternative plans. After comments and discussion by council
members the following motion was made.
Councilwoman Tjornhom moved, Councilman McDonald seconded that the City Council approves
a variance to expand a 520 square feet of existing non-conforming accessory structure and directs
staff to prepare Findings of Fact for the next council meeting. All voted in favor and the motion
carried unanimously with a vote of 5 to 0.
CHANHASSEN APARTMENTS, LOCATED AT 7750 GALPIN BOULEVARD (NORTHWEST
CORNER OF HIGHWAY 5 AND GALPIN BOULEVARD); REQUEST FOR CONCEPT
PLANNED UNIT DEVELOPMENT (PUD) FOR A 224 UNIT APARTMENT BUILDING ON 8.08
ACRES OF PROPERTY ZONED AGRICULTURAL ESTATE (A2); APPLICANT: OPPIDAN,
INC./OWNER: AMERICANA COMMUNITY BANK.
Kate Aanenson and Paul Oehme presented the staff report and update on the public hearing held at the
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Planning Commission on December 4. Councilwoman Tjornhom and Councilman McDonald asked
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about traffic concerns with the intersection of West 78 Street and Galpin Boulevard. Councilman
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Laufenburger asked for clarification of who has jurisdiction over Galpin Boulevard and West 78 Street,
and affordable housing. Councilwoman Ernst asked for clarification of how the property is guided in the
Comprehensive Plan and other available sites for high density. Mayor Furlong asked about
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environmental concerns with the parcel on the north side of West 78 Street and high density residential
versus office institutional. Paul Tucci with Oppidan reviewed the specifics of the project and answered
questions brought up at the public hearing. Councilman Laufenburger asked Mr. Tucci to elaborate on
other apartment complexes built by Oppidan, and the proposed construction timeline. Mayor Furlong
opened the meeting for public comment.
Julie Greely, 2431 Bridle Creek Trail, whose kids go to school at Excelsior Elementary, talked about
traffic backing up from Bridle Creek Trail to Highway 7 and the impact to the CVS Minute Clinic. When
asked by Councilwoman Tjornhom she stated she would prefer to see office and retail on this site. Art
Roberts, 7762 Vasserman Place expressed concern with pedestrian traffic crossing Highway 5 to Bluff
Creek Elementary School, city park, and Rec Center and does not think the property should be rezoned
from commercial to high density residential. Larry Martin, 7725 Vasserman Trail asked that a traffic
study be done and implemented prior to construction, expressed concern with the height of the building,
the proximity of the balconies to Highway 5 and the power lines, and concern with children’s safety. Dan
Bock, 7677 Vasserman Trail had concern that the density was too high for this site. John Crow, 7663
Ridgeview Way expressed concern that economics are driving the inappropriate size of the development.
David Windschitl, 7620 Ridgeview Way stated the density transfer of 96 units from the northern parcel to
the southern parcel didn’t add up to him. Mike Muffenbier, 7675 Ridgeview Way stated that he and his
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City Council Summary – December 12, 2012
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family strongly oppose this project, concern with the trail crossing at West 78 Street and Galpin, and the
impact on the school system. Brad Hodgins, 7633 Ridgeview Way expressed concern with the increase
in traffic, pedestrian safety and that it is like putting a square peg in a round hole trying to rezone this
parcel for high density residential. Kim Daughton, 7688 Vasserman Trail reiterated that there are 600
signatures on a petition opposing this project and asked that everybody work together to build something
the city can be proud of. Steve Ledbetter and his wife, who just moved from Austin, Texas to 7756
Vasserman Place in August, provided a different perspective on the reasons they chose Chanhassen as a
place to live. Roger Remaley, President of Walnut Grove Villa Townhouse Association, 2128 Baneberry
Way West agreed with previous comments that this development does not fit with the location. Mark
Magnuson, 7715 Vasserman Trail agreed with everybody in the council chambers and the overflow room
who oppose this project. Dave Callister, 7541 Windmill Drive explained why the council should simply
follow the Comprehensive Plan and keep the parcel zoned office. Jane Meyer, 6911 Lorelei Lane, Eden
Prairie, speaking as a realtor working in the downtown Chanhassen Remax office, stated her belief that
home values will go down around this development. Julie Sibley, 7683 Vasserman Trail asked how many
names on a petition it takes for their voice to be heard in opposition to this project. Cathy Meyer, 7662
Ridgeview Way commented on the fact that the City is currently meeting it’s housing density goals and
asked why the rush to build an apartment complex on this parcel of land. Keith Deans, 7651 Ridgeview
Way stated his desire to keep the family oriented dynamics in Chanhassen. Lance Erickson, 7735
Vasserman Trail expressed concern with the additional traffic and entrance location of the apartments to
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the Galpin Boulevard/West 78 Street intersection. Jeff Weyandt, 7626 Ridgeview Way explained that
he, along with a lot of his neighbors, chose Chanhassen to move to because of the Comprehensive Plan
that the City had in place, the impact that a 53 foot tall building with 224 units of people and cars will
have on their neighborhood and what the City is willing to trade off. Stacy Beno, 7563 Ridgeview Point
pointed out a blind spot when driving out of the Vasserman Ridge neighborhood. Gerry Wolfe, 7755
Vasserman Trail explained how the proximity of the apartment building will affect him, the view of the
power lines from the apartments, and pedestrian safety at the intersection of Galpin Boulevard and West
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78 Street. Mayor Furlong closed the public comment portion of the meeting. Council members
provided comments and direction to the applicant on how to proceed with consensus that the number of
units was too high, and the need to address traffic, pedestrian safety, environment, and density transfer.
The City Council took a short recess at this point in the meeting.
CONSIDER AMENDMENT TO CHAPTER 4 OF CITY CODE CONCERNING FEES.
Greg Sticha presented the staff report on this item. Councilwoman Ernst asked staff to explain the need
for increasing the fees and the consequences if they are not increased.
Councilwoman Tjornhom moved, Councilman McDonald seconded that the Chanhassen City
Council adopts the attached ordinance amending Chapter 4 of the Chanhassen City Code revising
the fees for 2013. All voted in favor and the motion carried unanimously with a vote of 5 to 0.
CONSIDER FINAL ADOPTION OF THE LEVY AND 2013 BUDGET AND 2013-2017 CAPITAL
IMPROVEMENT PROGRAM.
Greg Sticha presented a power point presentation reviewing the 2013 budget process and outlining staff’s
recommendation for adoption of the final levy, 2013 budget and 2013-2017 Capital Improvement
Program. Councilman Laufenburger asked for clarification of the City’s tax rate and expenditures versus
new growth numbers. After comments from council members the following motion was made.
Resolution #2012-74: Councilman McDonald moved, Councilman Laufenburger seconded that the
City Council adopts a resolution establishing the 2013 final levy at $10,195,890, approves total
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City Council Summary – December 12, 2012
general fund expenditures of $9,747,400, and the CIP for 2013-2017 in the total amount of
$55,843,810. All voted in favor, except Councilwoman Ernst who opposed, and the motion carried
with a vote of 4 to 1.
COUNCIL PRESENTATIONS: ANNOUNCE RESULTS OF CITY MANAGER’S
PERFORMANCE EVALUATION.
Mayor Furlong announced the results of the City Manager’s performance evaluation before making the
following motion.
Mayor Furlong moved, Councilwoman Tjornhom seconded that the City Council approve
increasing Mr. Gerhardt’s 2012 based salary by 2% for 2013 and that his previous car allowance
expense be eliminated and that amount, less any city related increases in employer related taxes
and other payments so that it is a budget neutral change, be incorporated into his 2013 salary. All
voted in favor, except Councilwoman Ernst who opposed, and the motion carried with a vote of 4 to
1.
After council members discussed the City Manager’s great job performance in 2012, Councilwoman
Ernst commented on the Senior Luncheon she had attended.
ADMINISTRATIVE PRESENTATIONS.
Todd Gerhardt commented on a great job done in
snowplowing during the last snow storm.
CORRESPONDENCE DISCUSSION.
None.
Councilwoman Ernst moved, Councilman McDonald 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 11:35 p.m.
Submitted by Todd Gerhardt
City Manager
Prepared by Nann Opheim
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