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CC SUM 2008 12 08 CHANHASSEN CITY COUNCIL REGULAR MEETING SUMMARY MINUTES DECEMBER 8, 2008 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, Terry Jeffery, Jill Sinclair and Sgt. Peter Anderley PUBLIC PRESENT: Erick Elton Bruno Silikowski 8260 Audubon Road Julianne Ortman 8525 Mission Hills Lane PUBLIC ANNOUNCEMENTS: PRESENTATION OF 2008 ENVIRONMENTAL EXCELLENCE AWARDS. Mayor Furlong, along with Ron Olson from the Environmental Commission, handed out Environmental Excellence Awards to Mary Borns, and Tom Anderson and Sharon Gotto representing the Lake Riley Woods neighborhood. CONSENT AGENDA: Councilman Litsey moved, Councilman McDonald 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 24, 2008 -City Council Verbatim and Summary Minutes dated November 24, 2008 -City Council Work Session Minutes dated December 1, 2008 -City Council Verbatim and Summary Minutes dated December 1, 2008 Receive Commission Minutes: -Planning Commission Verbatim and Summary Minutes dated November 18, 2008 Resolution #2008-67: b. Audubon Road Watermain Improvement Project 08-13: Award Contract. Resolution #2008-68: e. West-Central Lotus Lake Project 08-02: Approve Plans and Specifications; Authorize Ad for Bids. City Council Summary - December 8, 2008 All voted in favor and the motion carried unanimously with a vote of 5 to 0. 1(c). AMENDMENT TO CITY CODE, CHAPTER 4, FEES. Mayor Furlong pulled this item from the consent agenda to table for further discussion regarding the water quality and water quantity fee adjustments. Mayor Furlong moved, Councilwoman Ernst seconded that the City Council adopts the attached ordinance amending Chapter 4 of the Chanhassen City Code regarding License, Permit and Administrative Fees for 2009 and table the fees related to water quality and water quantity. All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS: None. PUBLIC HEARING: REQUEST FOR OFF-SALE INTOXICATING LIQUOR LICENSE, JDK LIQUORS, INC. DBA MGM LIQUOR WAREHOUSE, 7856 MARKET BOULEVARD. Laurie Hokkanen presented the staff report on this item. Mayor Furlong opened the public hearing. No one spoke and the public hearing was closed. Councilwoman Ernst moved, Councilman Litsey seconded that the City Council approve the request of JDK Liquors Incorporated for an off-sale intoxicating liquor license for MGM Liquor Warehouse at 7856 Market Boulevard. All voted in favor and the motion carried unanimously with a vote of 5 to 0. AUTOBAHN MOTORPLEX, APPLICANT, BRUNO J. SILIKOWSKI: APPROVE AMENDMENT TO CONDITIONAL USE PERMITS FOR DEVELOPMENT WITHIN THE BLUFF CREEK CORRIDOR AND FOR MULTIPLE BUILDINGS (UP TO 14) ON ONE PARCEL TO PERMIT THE PHASED DEVELOPMENT OF THE PROJECT AND ALLOW FOR THE INCREMENTAL EXPANSION OR REVISION OF THE PROPERTY LINE; LOCATED ON THE WEST SIDE OF AUDUBON ROAD NORTH OF THE TWIN CITIES AND WESTERN RAILROAD. Kate Aanenson presented the staff report and Planning Commission update on this item. Mayor Furlong asked if it was always the applicant’s intent to proceed forward through phases. Councilwoman Tjornhom asked for clarification of the conditions regarding storm water ponding under the conditional use permit for multiple buildings. Bruno Silikowski explained that the storm water ponding was calculated to include all of the proposed development on the site. Councilwoman Tjornhom asked the applicant to address the concerns by residents regarding noise. Councilman Litsey moved, Councilman McDonald seconded that the City Council approve the amendment to the Conditional Use Permit for development within the Bluff Creek Corridor with a Variance to locate the storm water pond within the Bluff Creek primary zone 2 City Council Summary - December 8, 2008 to permit the phased development of the project and allow for the incremental expansion or revision of the property line, in conformance with the grading plans prepared by Sathre- Bergquist, Inc., dated 10-19-2006, subject to original conditions of approval, adoption of the attached Findings of Fact and Action and the following condition: 1.The Common Interest Community shall include the land within the Bluff Creek Primary zone within the common area of the site.” All voted in favor and the motion carried unanimously with a vote of 5 to 0. Councilman Litsey moved, Councilman McDonald seconded that the City Council approve the amendment to the Conditional Use Permit for multiple buildings (up to 14) on one parcel to permit the phased development of the project and allow for the incremental expansion or revision of the property line subject to the original condition of approval and the following conditions: 1.Should the two building sites along Audubon Road develop with businesses unrelated to the Autobahn MotorPlex Common Interest Community, then those sites shall be separated from the balance of the site into separate parcel(s). 2.The development shall comply with the approved site plan for the project, plans prepared by Sathre-Bergquist, Inc., dated 10-19-2006.” All voted in favor and the motion carried unanimously with a vote of 5 to 0. 1(D). APPROVAL OF 2009 POLICE CONTRACT. Because the City’s financial condition has changed and as a means to reduce spending, Councilwoman Ernst explained that she pulled this item off the consent agenda to propose a delay in hiring of the additional officer for the new high school and asked that the school district pay for that position. Todd Gerhardt and Sgt. Peter Anderley explained why the additional patrol hours are needed, the associated costs and how Carver County deals with area high school police liaison positions. Councilman Litsey and Councilwoman Ernst debated the effects of staffing levels related to the crime rate. Councilwoman Tjornhom noted that police staffing levels are not just about crime, but also relates to the public safety of the residents. Councilman Litsey moved, Councilman McDonald seconded that the City Council approve the 2009 Police Contract with Carver County as presented. All voted in favor, except Councilwoman Ernst who opposed, and the motion carried with a vote of 4 to 1. ADOPTION OF THE 2009 BUDGET AND THE 2009-2013 CAPITAL IMPROVEMENT PROGRAM. Greg Sticha outlined in detail staff’s recommendation that the 2009 budget set a general fund expenditure budget of $9,859,100 which results in a $10,074,565 levy which is a 2.4% increase in the tax levy from the previous year. Councilwoman Ernst asked that the budget and CIP be 3 City Council Summary - December 8, 2008 voted on separately. Councilman McDonald asked for clarification of the funds set aside for contingency. Councilwoman Tjornhom asked about the status of the fuel contract with the State. After comments from council members, the following motions were made. Resolution #2008-69: Councilman McDonald moved, Councilwoman Tjornhom seconded that the City Council adopts a resolution establishing the 2009 final levy at $10,074,565 and approves total general fund expenditures of $9,859,100. All voted in favor, except Councilwoman Ernst who opposed, and the motion carried with a vote of 4 to 1. Resolution #2008-70: Councilman McDonald moved, Councilwoman Tjornhom seconded that the City Council approves the 5 year Capital Improvement Program (CIP) for 2009- 2013 in the total amount of $65,641,110. All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATION: SENATOR JULIANNE ORTMAN, 2009 LEGISLATIVE UPDATE. Senator Julianne Ortman discussed the issues facing the state legislature in the upcoming 2009 session, such as a $5.2 billion budget deficit, and invited city officials and staff to attend the Senate Tax Committee meeting being held on Wednesday at 10:00 a.m. to explain how the City of Chanhassen sets a good example on being able to create financial sustainability in these tough economic times. She also asked the City to come up with a list of state mandates that are either unfunded and unaffordable, or funded but not providing value. Councilman Litsey asked Senator Julianne Ortman to comment on why the State feels the need to intervene in local government affairs. COUNCIL PRESENTATIONS: ANNOUNCE RESULTS OF THE CITY MANAGER’S PERFORMANCE EVALUATION. Mayor Furlong reviewed the discussions held by City Council in executive sessions on thst November 24 and December 1, 2008 to discuss Mr. Gerhardt’s performance and compensation as city manager. After comments from council members the following motion was made. Mayor Furlong moved, Councilman McDonald seconded that the City Council approve a 4% increase for the City Manager’s 2009 compensation. All voted in favor, except Councilwoman Ernst who opposed, and the motion carried with a vote of 4 to 1. ADMINISTRATIVE PRESENTATIONS. th Todd Gerhardt reminded council members of their meeting on January 10 to start talking about 2009 goals and priorities. Mayor Furlong thanked local businesses and city staff for their work on the Christmas tree lighting ceremony that was held on Saturday evening. Councilman Litsey moved, Councilwoman Ernst seconded that the City Council 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 9:05 p.m. 4 City Council Summary - December 8, 2008 Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 5