CC SUM 2014 01 27
CHANHASSEN CITY COUNCIL
REGULAR MEETING
SUMMARY MINUTES
JANUARY 27, 2014
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,
and Roger Knutson
PUBLIC PRESENT:
Fred & Brighid Souza 9150 Springfield Drive
Bob Ayotte 6213 Cascade Pass
Charles Liedtke 6231 Hummingbird Road
Doug Koch 9136 Springfield Drive
Tony & Connie Nuss 9140 Springfield Drive
Jamie Heilicher 9280 Kiowa Trail
Leanne & Tom Kelly 9100 Overlook Court
Ron Frigstad 9270 Kiowa Trail
George Ann Lillie 9355 Kiowa Trail
Ed & Jean Sloss 9360 Kiowa Trail
Jessica & Mike Helland 351 Parkland Way
Curt Kubilarcsik 9149 Springfield Drive
Fred & Judy Amrhein 9350 Kiowa Trail
Jo Vicchiollo 583 Springfield Drive
Marilyn Zupnik 6200 Hummingbird Road
Paul Lauerman 9155 Springfield Drive
Linda Nolan 9283 Kiowa Trail
Mike Domke 9361 Kiowa Trail
Joe Galler 9376 Kiowa Trail
Sandy Sweetser 9132 Springfield Drive
Melinda Reiter 9131 Springfield Drive
Phil DeNucci 9186 Springfield Drive
Dang Nguyen 9185 Springfield Drive
Matt & Beth Mason 9198 Springfield Drive
Jeff Erpelding 9061 Springfield Drive
Alex Petrosian 850 Saddlebrook Pass
Krisan Osterby 6271 Hummingbird Road
Chris Duppler 9174 Springfield Drive
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PUBLIC ANNOUNCEMENTS:
Mayor Furlong invited residents to attend the 21 Annual February
Festival being held on Saturday, February 1, 2014 at Lake Ann Park and outlined the schedule of events.
CONSENT AGENDA: Councilman Laufenburger moved, Councilwoman Ernst seconded to
approve the following consent agenda items pursuant to the City Manager’s recommendations:
City Council Summary – January 27, 2014
1. Approval of City Council Minutes dated January 13, 2014.
2. Receive Planning Commission Minutes dated January 7, 2014.
Resolution #2014-05:
3. Approve Resolution in Support of Carver County’s Application for TAP
Funds, Minnesota River Bluffs Trail.
4. Approval of Interim Use Permit for Construction of a Parking Lot and Stormwater Improvements,
Minnetonka Middle School West, 6241 Hazeltine Boulevard.
5. Approval of 2014 Key Financial Strategies.
6. Approval of 2014 Legislative Priorities.
7. Approval of Lease Agreement with AT&T, Minnetonka Middle School West Water Tower.
Resolution #2014-06:
8. Approval of Moving Precinct 5 Polling Location from St. Hubert’s
Church to Living Christ Lutheran Church.
9. Approval of Quote for Disk Storage Array, CIP Item EQ-13.
10. Approval of Temporary On-Sale Liquor Licenses, February Festival and Fourth of July
Celebration, Chanhassen Rotary Club.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
VISITOR PRESENTATIONS.
None.
LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE.
Lt. Jeff Enevold reviewed the sheriff’s
office accomplishments for 2013 and discussed the upcoming Citizens Academy. Councilwoman
Tjornhom asked Lt. Enevold to comment on concerns with additional traffic and speeding associated with
the public hearings. Councilman Laufenburger asked for clarification on the timing and locations for the
drug take back program. Chief John Wolff reviewed calls for service statistics, refurbishing efforts for
major apparatus and recruitment efforts which begin in January.
HUMMINGBIRD HEIGHTS, 6221 HUMMINGBIRD ROAD, APPLICANT: HOMESTEAD
PARTNERS:
A. PUBLIC HEARING TO CONSIDER METES AND BOUNDS SUBDIVISION.
B. CONSIDER APPROVAL OF DEVELOPMENT CONTRACT.
Kate Aanenson presented the staff report on this item. Councilman Laufenburger clarified that there were
no variances and the request meets all City standards. Mayor Furlong asked for clarification on setbacks,
traffic on Hummingbird Road, and construction traffic concerns before opening the public hearing.
Charles Liedtke, 6231 Hummingbird Road presented a slide show showing pictures of the area, stated he
was not opposed to development but is hoping for intelligent development, discussed runoff issues,
issues associated with the entire parcel of land, which is located in two cities and counties, being
developed, the fact that neither the property owner or developer/builder has contacted him, additional
traffic degrading Hummingbird Road, and requested that the City of Chanhassen Mayor and City Council
work with the City of Shorewood Mayor and City Council. Jason Mills, 6281 Hummingbird Road
explained due to the historic nature of the site people are very emotional about this project and asked that
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City Council Summary – January 27, 2014
council members look out for the residents on Hummingbird Road’s best interests. Alex Petrosian, 6300
Hummingbird Road and owner of two properties in this area, read a letter expressing his support for the
proposed development but based on review of the document, he requested that the following comments
and recommendations be considered by City Council members before their final approval: encouraged
staff to continue to work with the City of Shorewood to look at this as one big development, concern that
construction traffic will cause premature deterioration of the road resulting in assessments to the
neighborhood, proposed amendment to construction hours, concerns with grading and erosion control,
and preservation easement clarification. Marilyn Zupnik, 6200 Hummingbird Road stated she was not
opposed to development but was concerned with an increase in traffic and setbacks. Krisan Osterby,
6271 Hummingbird Road clarified that the City of Shorewood Planning Commission did not vote to
approve the subdivision, issues with the 16 foot pavement width, and explained that her house burned
down because fire equipment couldn’t pass on the road. The applicant, Steve Bona with Homestead
Partners responded to neighborhood comments regarding the conservation easement, explained the
conceptual home plans being built by JMS Custom Homes, setbacks, and clarification on park dedication
and connection fees.
Councilman McDonald moved, Councilwoman Ernst seconded to close the public hearing. All
voted in favor and the motion carried unanimously with a vote of 5 to 0. The public hearing was
closed.
After comments and discussion from council members the following motions were made.
Councilwoman Ernst moved, Councilman Laufenburger seconded that the Chanhassen City
Council approves the two-lot metes and bounds subdivision of Hummingbird Heights subject to the
following conditions and adopts the Findings of Fact and Decision:
Building:
1. Appropriate permit(s) required for the demolition or moving of any existing structures.
2. A final grading plan and soils report must be submitted to the Inspections Division before
building permits can be issued.
3. Retaining walls over four feet high require a permit and must be designed by a professional
engineer.
4. Each lot must be provided with separate sewer and water services.
Engineering:
1.A $10,000 security must be provided to ensure that the street is restored following the
installation of sewer and water services to Lot 2. The security can be released when the City
determines that the patch is in good condition after one freeze-thaw cycle.
2.Sewer and water hookup charges are due for both parcels, a portion of which shall be
collected with the subdivision:
Water: 2 units x $1,886/unit = $3,772
Sewer: 2 units x $664/unit = $1,328
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City Council Summary – January 27, 2014
The remainder of the water and sewer hookup fees shall be paid with the building permit at
the rate in effect at that time.
3.The City Attorney shall draft and the developer shall execute a “Grant of Permanent
Easement for Public Drainage and Utility Purposes” document. This document shall be
recorded with the metes and bounds subdivision.
4.The City Attorney shall draft and the developer shall execute a “Preservation Easement”
document. This easement shall restrict the removal of vegetation to allow for only the
removal of invasive vegetation or noxious weeds and only after the removal has been
reviewed and approved by the City. The document shall also forbid any topographic
alterations or placement of fill materials except as is necessary to correct demonstrable
erosive conditions provided a plan is developed by a licensed civil or soils engineer or a
licensed geologist or soil scientist. In the event this easement is vacated, Storm Water
Management Fees, as listed in Section 4-30 (c) 3 of the City Code, shall be due for the
vacated area at that time. This document shall be recorded with the metes and bounds
subdivision.
5.Storm Water Utility connection fees totaling $5,336.10 shall be collected with the
subdivision.
6.A plan showing the design of the rain garden features along with details and specifications
shall be provided for review and approval.
7.The proposed location of the rain gardens shall be moved such that it treats water from the
driveway and/or road area and so that there is not a concentrated flow condition to the bluff
area.
8.The applicant must provide a letter from Minnehaha Creek Watershed District stating that the
development is in compliance with their stormwater management and erosion control rules.
9.An operations and maintenance manual describing the schedule for anticipated inspections
and maintenance of the rain garden areas and indicating who is responsible for the long-term
care and maintenance of the features unless included with MCWD submittal and approval.
10.A $5,000 security must be provided to ensure that the rain garden features are constructed on
lots 1 and 2. The security can be released when the City confirms that they have been
constructed per design and have adequately performed through one full growing season.
11.A Surface Water Pollution Prevention Plan (SWPPP) meeting the requirements of the
NPDES construction permit shall be provided for review and comment.
12.The applicant shall provide proof that the NPDES permit has been applied for and received
from the MPCA. This can be in the form of the permit number.
13.All erosion prevention and sediment control shall be installed prior to any earth-disturbing
activities. The city shall be contacted to inspect that this condition has been met.
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City Council Summary – January 27, 2014
14.All applicable details shall be included in the plan set and shall be specific to the proposed
improvements.
15.The detail for the bioretention facility shall be modified such that it does not include in situ
soils materials.
16.The underdrain shall be fitted with a mechanism to restrict flow to the outlet. A geotechnical
report or percolation testing report indicating that the area is not conducive to infiltration as
described in the MN Online Stormwater Manual can be submitted in lieu of this.
17.Silt fence or other perimeter controls shall be installed to protect the rain garden areas from
all construction-related activities and shall be placed as far from the top of bluff as is
reasonable to allow adequate room for construction equipment yet protecting the bluff.
18.The plans should call out for all infiltration/filtration areas that they are to be protected from
all construction related activities throughout the duration of the project.
Park and Recreation:
1.The developer shall pay park dedication fees at the rate in force upon final plat approval for
the two lots prior to recording the property deeds.
Planning:
1.Deeds for the two parcels shall be submitted to the city for review and approval and then
recorded at Carver County.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
Councilwoman Ernst moved, Councilman Laufenburger seconded that the Chanhassen City
Council approve the development contract for Hummingbird Heights conditioned upon the
applicant shall supply the City with a cash escrow or letter of credit for $17,655.00 and pay a cash
fee of $22,531.10, and subject to staff confirming that park dedication is required on both lots. 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.)
2014 STREET RECONSTRUCTION PROJECT: PUBLIC HEARING FOR KIOWA TRAIL.
Paul Oehme presented the staff report on this item. Tom Sohrweide reviewed the results of the traffic
study that was conducted by his firm, SEH Engineering. Councilwoman Tjornhom asked staff to clarify
the rational between removing the barrier and a petition from the neighborhood or the opening of
Highway 212. Councilman McDonald asked if the traffic consultant had looked at hourly traffic counts
because of his concern with cut through traffic. Councilwoman Ernst asked about the possibility of
installing a round about to slow traffic and if any studies have been done to show that round about’s deter
and slow traffic. Councilman Laufenburger asked about people on Kiowa Trail with wells, if they can
keep their irrigation systems connected to their wells, who pays for storm sewer improvements, burying
utilities, other possible traffic control measures, and who pays to return mailboxes to their original place.
Mayor Furlong asked for clarification on the watermain connection fees and assessments, if one
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City Council Summary – January 27, 2014
contractor will do both street projects, stormwater management, access during construction, and traffic
counts before opening the public hearing. Jamie Heilicher, 9280 Kiowa Trail agreed with the street and
watermain improvements but is most concerned about the divider between the two communities for traffic
purposes. Jim Sloss, 9360 Kiowa Trail agreed with the street and watermain improvements but had
public safety concerns with removing the barrier. Rick Brama, 9371 Kiowa Trail, licensed real estate
broker, custom home builder and having just moved in August, stated they bought their home because of
the value that was seen in a neighborhood that had a certain amount of privacy and limited access. He
voiced support for the street and watermain improvements before reviewing the pros and cons of the road
connection which he does not support. Renee Anderson, 9380 Kiowa Trail discussed reasons why people
from Kiowa Trail probably will not cut through the Springfield neighborhood. She also expressed
concern with speeding on Kiowa Trail and noted something to consider is that there is double the amount
of school bus, garbage trucks, delivery truck traffic, etc., before voicing support for the street and
watermain improvements. Ron Frigstad, 9270 Kiowa Trail congratulated the council and the city for the
street improvements and bringing water to their street. He explained that Kiowa Trail has always been a
cul-de-sac and did not see where the completion of Highway 212 enters into the picture, asked for
clarification of well maintenance, and noted the ultimate traffic calming device is a barricade. Melinda
Reiter, 9131 Springfield Drive expressed public safety concerns, especially near the private park, with
increased traffic if the barricade is removed. Fred Souza, 9150 Springfield Drive showed slides,
discussed the traffic study, the Springfield neighborhood’s opposition to removing the barrier, traffic
speeds, public safety in the area around the neighborhood pool, precedence being set with the Stone Creek
and Timberwood neighborhoods, and ending with the Springfield neighborhood’s overwhelming
opposition to removing the barrier that currently is in place between Kiowa and Springfield Drive. Doug
Cook, 9136 Springfield Drive explained that prior to building his home in 1999 his research indicated that
Flying Cloud was expanding the runway, plans for construction of Highway 212, and in meeting with the
city engineer the barrier was to be temporary in case the fire department or emergency vehicles needed to
knock it down with no indication of that changing. Being the coordinator of the Neighborhood Crime
Watch he explained his concerns for public safety and respectfully asked that the barrier stay up. Chris
Duppler, 9174 Springfield Drive discussed options for slowing traffic and noted that the only way to keep
cars from not speeding through is not being able to get through. He questioned why everybody is
spending so much time on finding a solution to something nobody wants, and asked that the barrier not
come down just because it’s written in the Comprehensive Plan. Matt Mason, 9198 Springfield Drive,
the first house by the barrier, discussed the pros and cons list prepared by Tom Sohrweide, the traffic
engineer regarding neighborhood connectivity and asked why the City is trying to fix something that isn’t
broke. Phil DeNucci, 9186 Springfield Drive voiced his support for keeping the barrier up. Curt
Kubilarcsik, 9149 Springfield Drive concurred with everything said so far and questioned the point about
the barrier shall be temporary until either residents petition the City to open the connection or Highway
212 is constructed at which time traffic patterns will have changed. He talked about impacts on their
neighborhood from the completion of Highway 212, Highway 101, the new park and ride, the commercial
development at 101 and Lyman, the new Reflections neighborhood, the Highway 101 bridge over the
Minnesota River, and now the removal of the barricade and asked that a more detailed traffic study be
conducted referring to the City’s Comprehensive Plan which states that residential street systems should
be designed to discourage cut through traffic before asking that the barrier be kept in place.
Councilwoman Ernst moved, Councilman Laufenburger seconded to close the public hearing. All
voted in favor and the motion carried unanimously with a vote of 5 to 0. The public hearing was
closed.
Councilwoman Ernst asked for clarification on how the barricade currently works with emergency
vehicles. Councilman Laufenburger asked for clarification on where the traffic pattern study was
conducted, if the grade on Springfield Drive as it enters Lyman Boulevard is acceptable to City Code, and
asked about the possibility of installing signage by the private park. Councilman McDonald asked about
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City Council Summary – January 27, 2014
the possibility of putting sidewalks in on Kiowa Trail, and the status of the barricade during construction
on Kiowa Trail. Mayor Furlong asked if there are any other locations in town where the pavement is
contiguous but there’s a barrier. After comments from council members Councilman McDonald moved,
and Councilwoman Tjornhom seconded a motion to vote on the street improvements for Kiowa Trail and
the issue of the barrier as separate motions. After discussion by council members and clarification from
the City Attorney, Councilman McDonald withdrew the motion. After additional comments and
discussion the following motion was made.
Councilman Laufenburger moved, Councilwoman Ernst seconded that the Chanhassen City
Council approve a resolution ordering improvements for the 2014 Street Reconstruction Kiowa
Trail area, Project 14-01 as stipulated in the staff report.
After clarification and discussion the following motion was made.
Councilwoman Tjornhom moved, Councilman McDonald seconded to table the motion on the floor
to February 24, 2014. All voted in favor, except Councilman Laufenburger who opposed and the
motion carried with a vote of 4 to 1.
COUNCIL PRESENTATIONS.
Councilman Laufenburger expressed his appreciation for the support
on his behalf concerning appointment to the Transportation Advisory Board, which he did not get at this
time. However he was asked to serve on the Transportation Policy Committee. Mayor Furlong asked
that any nominations for the Chanhassen Rotary Club’s annual Distinguished Service Award be submitted
to the City Manager and he encouraged everybody to go see Fiddler on the Roof at the Chanhassen
Dinner Theater.
ADMINISTRATIVE PRESENTATIONS.
Todd Gerhardt informed council members that the
legislative priorities meeting is scheduled for February 13, 2014 at 7:30 a.m. in the Fountain Conference
Room. Paul Oehme provided an update on demolition of the Melody Hills water tower.
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 12:15 a.m.
Submitted by Todd Gerhardt
City Manager
Prepared by Nann Opheim
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