SUM 2004 12 13
CHANHASSEN CITY COUNCIL
REGULAR MEETING
SUMMARY MINUTES
DECEMBER 13, 2004
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 Ayotte, Councilman Labatt,
Councilman Lundquist and Councilman Peterson
STAFF PRESENT:
Todd Gerhardt, Justin Miller, Bruce DeJong, Roger Knutson, Kate
Aanenson, Jill Sinclair, Paul Oehme, Kelley Janes and Matt Saam
PUBLIC PRESENT FOR ALL ITEMS:
Melissa Gilman Chanhassen Villager
Janet Paulsen 7305 Laredo Drive
Debbie Lloyd 7302 Laredo Drive
PRESENTATION OF ENVIRONMENTAL EXCELLENCE AWARDS.
Mayor Furlong and Jill Sinclair, City Forester, were joined by Marcus Zbinden, Chairman of the
Environmental Commission and Dottie Shay, a commissioner on the Environmental Commission
to hand out the Environmental Excellence Awards to the following people and groups. Pastor
Jim Bledsaw and Dave Boorsma for the Chanhassen Farmers Market; Chaska High School
Environmental Club for their project, Art for the Earth; Kathy Dahl, Sue Morgan and Shelley
Strohmaier as Project H2O Neighborhood Coordinators; Brent Kreofsky representing General
Mills for their Bluff Creek Reforestation and Arbor Day tree planting project; Tim Erhart
representing the Chanhassen Rotary for their Arbor Day tree planting project; Monique LaCroix
and Peter Moe with the Minnesota Landscape Arboretum for their Tea Room composting
program; and the Carver-Scott Master Gardeners for their participation in the Chanhassen
Community Gardens and Arbor Day celebration.
PRESENTATION OF MAPLE LEAF AWARD, BOB AYOTTE.
Mayor Furlong presented Councilman Bob Ayotte with the Maple Leaf Award.
CONSENT AGENDA: Councilman Ayotte moved, Councilman Lundquist 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 22, 2004
-City Council Summary & Verbatim Minutes dated November 22, 2004
City Council Summary – December 13, 2004
-City Council Summary & Verbatim Minutes of Truth-in-Taxation Hearing dated
December 6, 2004
Receive Commission Minutes:
-Planning Commission Summary & Verbatim Minutes dated November 16, 2004
-Park and Recreation Commission Summary & Verbatim Minutes dated November 23,
2004
b. Approval of Subdivision of 2.83 acres into Two Single Family Lots with Variances;
Lotus View Addition; 745 Pleasant View Road, Beverly Thomas.
c. Accept Donation for an Automatic External Defibrillator, CenterPoint Energy.
d. Approval of 2005 Police Contract with the Carver County Sheriff’s Department.
Resolution #2004-81:
e. Approve Resolution Authorizing Deficits in Gateway and
Presbyterian Homes Tax Increment Districts.
Resolution #2004-82:
f. Approval of Fund Transfers.
Resolution #2004-83:
g. Approve Resolution Receiving Feasibility Study and Calling for
Public Hearing; 2005 Street Improvement Project 05-01.
Resolution #2004-84:
i. Approval of Scheduled Utility Rate Increase.
j. Approval of Parade Route for American Legion District Convention, May, 2005.
Resolution #2004-85:
l. Approval of Resolution and Letter of Support for Improvements
to Trunk Highway 5.
m. Accept $1,200 Donation to the Fire Department from Target to Purchase an Automatic
External Defibrillator.
n. Approve Purchase of Fire Department Pagers Using Charitable Gambling Proceeds.
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Resolution #2004-86:
o. Accept Utility Improvements in Rice Lake Manor 2 Addition,
Project 03-05.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
VISITOR PRESENTATIONS: PRESENTATION OF AWARD FOR AN AUTOMATIC
EXTERNAL DEFIBRILLATOR, CONNIE HARGEST, CENTERPOINT ENERGY.
Connie Hargest with CenterPoint/Minnegasco presented Mayor Furlong with a check in the
amount of $2,500 for the purchase of an Automatic External Defibrillator. Judy Schmieg, 200
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City Council Summary – December 13, 2004
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West 77 Street asked that the City Council consider separating the EDA from the City Council
because she feels it is a conflict of interest.
CONSIDER CITY CODE AMENDMENT TO EXTEND THE MAYOR’S TERM OF
OFFICE FROM 2 YEARS TO 4 YEARS.
Staff gave a power point presentation regarding procedures and discussion points in changing the
term of mayor and asked that the City Council open the public hearing for citizen comments.
Fred Prinz, 408 Santa Fe Circle stated his position, in order to be responsive to the population as
a whole it would be beneficial that the mayor’s office remain as a 2 year term because people
being able to provide their input by their voting and holding it every 2 years the same as the U.S.
House of Representatives. Judy Schmieg, 200 West 77th Street stated she and the people she’s
talked to supports the 2 year term. Al Klingelhutz, having served previously as mayor and a city
council member in Chanhassen, supported the 4 year term of mayor because of continuity,
building relationships, and believing Chanhassen has an open forum where people can stay
informed on what the council and mayor are doing. Richard Mingo, 7601 Great Plains
Boulevard stated the group he has coffee with 4 out of 5 days supports the 2 year term for mayor.
He also felt that a 4 year term might discourage some people due to the fact that it’s quite long.
He also suggested that the decision of changing the term of mayor from 2 to 4 years should be
put to a vote of the citizens rather than a simple majority vote of the City Council. Mayor
Furlong closed the public hearing. After council discussion the following motion was made.
Councilman Ayotte moved, Councilman Peterson seconded that the City Council approve a
city code amendment to change the term of mayor from 2 years to 4 years beginning with
the next election in 2006. All voted in favor, except Councilman Lundquist and
Councilman Labatt who opposed, and the motion carried with a vote of 3 to 2.
CONSIDER AMENDING CHAPTER 4 OF THE CHANHASSEN CITY CODE, FEES.
Kate Aanenson explained that at the end of the fiscal year staff looks at several fees and
adjustments based on inflation. Those fees include the surface water, park fees and sewer and
water fees. Mayor Furlong opened the public hearing. Al Klingelhutz, 8600 Great Plains
Boulevard stated when the council raises fees, it raises the land value which affects affordable
housing. He definitely did not feel the city should raise fees to pay for other city projects.
Vernelle Clayton, 422 Santa Fe Circle spoke on behalf of developers in the city and concurred
with the statements made by Al Klingelhutz. Because retailers need to make a return on their
investment, the increase in fees has to be passed onto the consumer. Mayor Furlong asked staff
to explain the issues brought up regarding fees charged paying for other city services and
affordable housing. After council discussion the following motion was made.
Councilman Labatt moved, Councilman Peterson seconded that the City Council adopt the
ordinance amending Chapter 4 of the Chanhassen City Code. All voted in favor and the
motion carried unanimously with a vote of 5 to 0.
PUBLIC HEARING: APPROVE TERMINATION OF CONDITIONAL USE PERMIT
FOR A 190 FOOT COMMERCIAL RADIO TOWER, 100 FLYING CLOUD DRIVE,
BEATRICE ZWIERS ( MOON VALLEY).
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City Council Summary – December 13, 2004
Kate Aanenson presented the staff report on this item. Mayor Furlong clarified that this item had
been requested by the applicant. The representative of the applicant had no comments and there
was no one present to speak at the public hearing. Mayor Furlong closed the public hearing.
Councilman Peterson moved, Councilman Ayotte seconded that the City Council terminate
Conditional Use Permit #87-14 for a 199 foot commercial radio tower and antenna and an
8 foot by 16 foot building on the property described in the attached Termination of
Conditional Use Permit. All voted in favor and the motion carried unanimously with a vote
of 5 to 0.
REQUEST FOR AN AMENDMENT TO THE CENTURY PLAZA RETAIL CENTER
PUD TO ALLOW ADDITIONAL NEIGHBORHOOD CONVENIENCE USES,
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NORTHWEST INTERSECTION OF CENTURY BOULEVARD AND WEST 78
STREET, ARBORETUM EXCHANGE, LLC.
Kate Aanenson presented the staff report on this item. Councilman Peterson asked staff to
explain the rationale behind not recommending approval of off sale liquor. Councilman Labatt
asked staff to further clarify why off sale liquor should not be allowed in this area. Councilman
Lundquist asked staff to explain if the concern was with the size or the use. Mayor Furlong
clarified that this requested change was for this particular PUD only. Paul Andrescik
representative with Minstar Construction explained a handout showing the locations of current
liquor stores in adjoining communities and Chanhassen. Councilman Peterson asked if the use
of a lawn and garden center was significant to the applicant. Mayor Furlong asked for
clarification on the revenue generated from an additional liquor license. After discussion on
whether to include off sale liquor store, the following motion was made and amended.
Councilman Lundquist moved, Councilman Peterson seconded to approve Planned Unit
Development Amendment #04-35 to include health and physical exercise clubs and off sale
liquor stores. All voted in favor and the motion carried unanimously with a vote of 5 to 0.
REQUEST FOR AN AFTER THE FACT VARIANCE FOR THE INTENSIFICATION
OF A LEGAL NON-CONFORMING STRUCTURE BY BUILDING A CANOPY WITH
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FOOTINGS WITHIN THE FRONT YARD SETBACK, 222 WEST 78 STREET,
THOMAS WILDER.
Kate Aanenson reviewed the Planning Commission action taken on this variance appeal. The
applicant, Thomas Wilder stated he paid $900 to have a survey done for the city’s file. Because
of the oversight by the City, Councilman Lundquist asked that the city refund the $250 variance
fee and survey cost to Mr. Wilder. The amendment died for lack of a second. After further
council discussion the following amendment was made.
Councilman Peterson moved, Councilman Lundquist seconded to approve an amendment
to the motion to approve reimbursement of half the survey fee in the amount of $450.00 to
the applicant. All voted in favor and the motion carried unanimously with a vote of 5 to 0.
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City Council Summary – December 13, 2004
Then the following motion was voted on.
Councilman Peterson moved, Councilman Lundquist seconded to approve Variance #04-39
for the intensification of a legal non-conforming structure by building a canopy with
footings within the front yard setback located 3.8 feet from the front property line, and to
reimburse the applicant half the survey fee in the amount of $450.00. All voted in favor and
the motion carried unanimously with a vote of 5 to 0.
ADOPTION OF THE PROPOSED 2005 BUDGET AND CIP.
Bruce DeJong asked that the City Council adopt the final tax levy of $9,439,754.00 which is
$22,912 lower than the published, proposed tax levy certification in the Truth in Taxation
notices. After council discussion the following motions were made.
Councilman Ayotte moved, Councilman Peterson seconded to approve Resolution #2004-87
to adopt the 2005 budget and Resolution #2004-88 to adopt the Capital Improvement plans
for 2005 through 2009 as presented. All voted in favor and the motion carried
unanimously with a vote of 5 to 0.
CONSENT AGENDA ITEMS:
H. APPROVE AGREEMENT FOR PROFESSIONAL SERVICES AND
AUTHORIZE ADVERTISING FOR BIDS, SCADA IMPROVEMENTS, PW307D.
Councilman Lundquist asked that staff follow up with the contractor in making sure there is a
QA process going forward to get as-builts, clarification of the cost reductions that are in the
memo, and his expectations going forward that when the council gets into the budget season next
year they’ll be able to see those line items and where there’s reduced maintenance cost. He
asked staff to justify that the city is getting a fair price with Quality Flow Systems. His other
concern is he hasn’t seen any apples to apples comparison on the recommended vendor, Quality
Flow Systems and with other integrators. As the stewards of the taxpayer’s money and spending
a couple hundred thousand or more of their money, he wanted to make sure that the city is doing
it wisely and not over paying for those services. Sheldon Sorenson with Kaeding and
Associates, electrical engineers for the city spoke to the competitiveness and cost comparisons.
Mayor Furlong also expressed concern about the amount of money being put into a new product.
Sheldon Sorenson explained that the manufacturer is providing 10 years of support at no cost to
the city.
Councilman Lundquist moved, Councilman Peterson seconded that the City Council
award the contract for professional services, approve plans and specifications and
authorize advertisement for bids for hardware and electrical services for SCADA
improvements, Project PW307D. All voted in favor and the motion carried unanimously
with a vote of 5 to 0.
VILLAGE ON THE PONDS BUILDING C-1; LOCATED AT THE SOUTHEAST
K.
CORNER OF LAKE DRIVE AND GREAT PLAINS BOULEVARD; VOP I, LLC;
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City Council Summary – December 13, 2004
FINAL PLAT APPROVAL AND SITE PLAN APPROVAL FOR A 18,000 SQ. FT.
COMMERCIAL BUILDING, (COOP GROCERY) WITH VARIANCES.
Councilman Peterson asked that condition number 30 addressing installing a four way stop at
Great Plains Boulevard and Lake Drive, which was added by the Planning Commission, be
deleted.
Councilman Peterson moved, Councilman Lundquist seconded that the City Council
approve Village on the Ponds Building C-1 located at the southeast corner of Lake Drive
and Great Plains Boulevard, VOP I, LLC:
1. Resolution #2004-89: Final Plat Approval.
2. Site Plan Approval for a 18,000 square foot commercial building (coop grocery)
with variances, deleting condition number 30.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
COUNCIL PRESENTATIONS:
Mayor Furlong read a statement regarding the City Manager’s performance review for 2004 and
read a list of his accomplishments.
Councilman Peterson moved, Councilman Lundquist seconded to approve the City
Manager’s compensation for 2005 with a 5.2 percent increase from 2004. All voted in favor
and the motion carried unanimously with a vote of 5 to 0.
The City Council members each thanked Councilman Ayotte for his years of service on the City
Council. The mayor and council also thanked the Finance Director, Bruce DeJong for his years
of service to the city as well.
ADMINISTRATIVE PRESENTATIONS:
None.
Councilman Ayotte moved, Councilman Lundquist seconded to adjourn the meeting. All
voted in favor and the motion carried. The City Council meeting was adjourned at 9:50
p.m..
Submitted by Todd Gerhardt
City Manager
Prepared by Nann Opheim
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