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10-24-2022 City Council Regular Meeting MInutesCHANHASSEN CITY COUNCIL REGULAR MEETING MINUTES OCTOBER 24, 2022 Mayor Ryan called the meeting to order at 7:00 p.m. The meeting was opened with the Pledge of Allegiance. COUNCIL MEMBERS PRESENT: Mayor Ryan, Councilwoman Rehm, Councilman McDonald, Councilman Campion, and Councilwoman Schubert. COUNCIL MEMBERS ABSENT: None. STAFF PRESENT: Laurie Hokkanen, City Manager; Kate Aanenson, Community Development Director; Charlie Howley, Director of Public Works/City Engineer; Don Johnson, Fire Chief; Sharmeen Al-Jaff, Senior Planner; Andrea McDowell Poehler, City Attorney Matt Unmacht, Assistant City Manager; Kim Meuwissen, City Clerk; Jerry Ruegemer, Parks and Recreation Director. PUBLIC PRESENT: Mark Nordland Level 7 Development Jerry Cerchia Senior Commission Chair PUBLIC ANNOUNCEMENTS: 1. Invitation to Halloween Party, October 29 Mayor Ryan invited everyone to the 38th Annual Halloween Party on October 29 from 5:30-7:30 p.m. at the Chanhassen Rec Center. CONSENT AGENDA: Councilman McDonald moved, Councilman Campion seconded that the City Council approve the following consent agenda items pursuant to the City Manager’s recommendations: 1. Approve City Council Minutes dated October 10, 2022 2. Receive Planning Commission Minutes dated September 20, 2022 3. Receive Environmental Commission Minutes dated July 13, 2022 and September 14, 2022 4. Receive Economic Development Commission Minutes dated August 10, 2022 5. Approve Claims Paid dated October 24, 2022 6. Approve an Encroachment Agreement between the City of Chanhassen and Areyan Hashemi-Rad and Angela Hashemi-Rad City Council Minutes – October 24, 2022 2 7. Approve an Encroachment Agreement between the City of Chanhassen and Virginia S. Thomas Family Limited Partnership 8. Approve Amendment No. 1 to the Lease Agreement with Verizon Wireless for the Lake Lucy Ground Storage Reservoir 9. Authorize Execution of Stormwater Maintenance Agreement for Lots 1-3, Block 1, Erhart Farm 10. Authorize Execution of Stormwater Maintenance Agreement with Dakota Retail, LLLP 11. Approve Contract with W.H. Hall Company for the Chanhassen Recreation Wall Project 12. Approve Contract with Raftelis to conduct an Organization Study/Staffing Study 13. Resolution 2022-75: Accept Public Street and Utility Improvements in Lotus Woods, City Project No. 2020-15 14. Resolution 2022-76: Authorize Contract for Design and Construction Administration Services for the 2023 City Pavement Rehabilitation Project All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS. None. FIRE DEPARTMENT/LAW ENFORCEMENT UPDATES 1. Monthly Fire Department Update Chief Johnson shared about staffing updates, the retirement of a 30-year firefighter, and noted they had 120 calls for service in September. He spoke about fire response: two fires in the downtown area, a vehicle fire, as well as a team that was in Florida helping with flooding of two rivers. Mayor Ryan shared her thanks for Chief Johnson’s team and their willingness to go to Florida and help. 2. Law Enforcement Update: None. PUBLIC HEARINGS 1. Resolution 2022-77: Certification of Delinquent Utility Accounts and Code Enforcement Charges to the County Auditor City Council Minutes – October 24, 2022 3 City Manager Hokkanen stated this item follows the City’s longtime practice to certify delinquent Utility and Code Enforcement amounts to property taxes which is allowed by Minnesota State Statute. There are 176 accounts with a total value of $129,562.47 to be collected this year. Mayor Ryan opened the public hearing. There were no public comments. Mayor Ryan closed the public hearing. Councilwoman Schubert moved, Councilman McDonald seconded that the Chanhassen City Council adopt a resolution certifying delinquent utility accounts and code enforcement charges to the County Auditor. All voted in favor and the motion carried unanimously with a vote of 5 to 0. 2. Resolution 2022-78: Vacating the Public Right-of-Way Iroquois Road City Engineer Howley noted the right-of-way (ROW) is no longer needed and there are no utilities within the ROW. One condition of the vacation is in regard to a lot that will need access from the existing ROW when that property develops in the future. Therefore, a condition is that an access agreement will be needed for this vacation. Staff recommends approval of the request for vacation. Mayor Ryan opened the public hearing. There were no public comments. Mayor Ryan closed the public hearing. Councilman Campion moved, Councilman McDonald seconded that the Chanhassen City Council adopt a resolution approving the vacation of portions of the public right-of-way, known as Iroquois Road, abutting Lots 5 and 6, Pleasant View, according to the recorded plat thereof, Carver County, Minnesota. All voted in favor and the motion carried unanimously with a vote of 5 to 0. 3. Resolution 2022-79: Vacating a Portion of Public Drainage & Utility Easements within the Avienda Plat City Engineer Howley noted this request is regarding drainage and utility easements dedicated with the Avienda plat over Outlots A and C. He noted they would be getting rid of the “blanket” drainage and utility easements because there is a Final Plat before the City Council tonight for the Avienda townhomes including these two outlots. Mayor Ryan opened the public hearing. There were no public comments. Mayor Ryan closed the public hearing. Councilwoman Schubert moved, Councilman McDonald seconded that the Chanhassen City Council adopt a resolution approving the vacation of public drainage and utility City Council Minutes – October 24, 2022 4 easements over Outlot A and Outlot C, as dedicated on the plat of Avienda. All voted in favor and the motion carried unanimously with a vote of 5 to 0. GENERAL BUSINESS 1. Consider Request for Approval of a Final Plat and Development Contract for Avienda Townhomes Community Development Director Aanenson presented a summary of the item, noting the outlots were created to allow the developer to grade and provide sewer and water extensions. A Preliminary Plat was approved on October 25 and in September the Planned Unit Development (PUD) was approved. Mr. Howley gave an update on roads and future construction, noting the blue highlighted area onscreen will be fully developed with curb and gutter while the areas in yellow will be partially constructed to allow access without being 100% finished. Ms. Aanenson showed the layout of the townhouse project and shared about the landscape plan, the PUD, setbacks, and townhome models. Mayor Ryan asked to clarify that when Bluff Creek Boulevard is completed, it will be opened all the way through with a functioning stoplight. Mr. Howley replied that is Staff’s understanding. Mayor Ryan asked about the timeline for Mills Drive. Mr. Howley would defer to the developer about that timeline. Mark Nordlund stated they would like to get started on a couple models this fall and would open sometime next summer. At that point, before bringing the public into the site, the road systems would be open. Councilwoman Schubert moved, Councilman Campion seconded that the Chanhassen City Council approves a request for a final plat and development contract for Avienda Townhomes. All voted in favor and the motion carried unanimously with a vote of 5 to 0. 2. Ordinance 701: Amend Chapter 2, Administration, of the Chanhassen City Code Changing the Name of the Senior Commission Senior Commission Chair Jerry Cerchia noted the term “senior” does not universally resonate with all adults 55 and over. The Commission feels that changing the name will give wider access to candidates, and the need for intergenerational perspective. Mayor Ryan thinks it is a fantastic request and she appreciates the initiative that Mr. Cerchia and his team has brought forward. City Council Minutes – October 24, 2022 5 Councilman McDonald moved, Councilwoman Schubert seconded that the Chanhassen City Council adopt an ordinance amending Chapter 2, Administration, of the Chanhassen City Code to change the name of the Senior Commission to the Commission on Aging. All voted in favor and the motion carried unanimously with a vote of 5 to 0. COUNCIL PRESENTATIONS. None. ADMINISTRATIVE PRESENTATIONS. None. CORRESPONDENCE DISCUSSION. 1. Letter from Mediacom dated October 13, 2022 regarding Program Changes and Rate Adjustments Mayor Ryan noted the City Council will be going into Closed Session to discuss union negotiations. The City Council will not be returning to the Chambers and Mayor Ryan will adjourn the meeting after completion of that session. The City Council meeting was adjourned at 8:06 p.m. Submitted by Laurie Hokkanen City Manager Prepared by Kim Meuwissen City Clerk