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CC SUM 2009 06 22 CHANHASSEN CITY COUNCIL REGULAR MEETING SUMMARY MINUTES JUNE 22, 2009 Mayor Furlong called the meeting to order at 7:10 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, and Todd Hoffman PUBLIC ANNOUNCEMENTS: Mayor Furlong amended the agenda to include appointment to the Planning Commission under new business. He announced that during the work session the City Council presented Kurt Papke with a Maple Leaf Award for his years of service on the Planning Commission. INVITATION TO CHANHASSEN FOURTH OF JULY CELEBRATION. Mayor Furlong outlined the schedule of events for the annual Fourth of July celebration which will be held on Friday, July 3rd and Saturday, July 4th. CONSENT AGENDA: Councilwoman Ernst moved, Councilwoman Tjornhom 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 June 8, 2009 -City Council Verbatim and Summary Minutes dated June 8, 2009 Receive Commission Minutes: -Park and Recreation Commission Verbatim and Summary Minutes dated May 27, 2009 b. Approve Request for a Temporary On-Sale Liquor License, St. Hubert Catholic Community, September 26, 2009 c. Approval of Submission of a Firefighters Fire Station Construction Grant Application under the American Recovery and Reinvestment Act. d. Approve Amendments to City Code; Chapter 1, Definitions and Chapter 20, Zoning Regulations: LED Lights. Resolution 2009-51: e. Barto Purchase Agreement, Lakota Lane Right-of-Way, Project 09-01: Dispense Planning Commission Review of Acquisition; Approve Purchase Agreement. Chanhassen City Council Summary – June 22, 2009 Resolution 2009-52: f. Approve Transfers Resulting from 2009 Audit. All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS: Jennifer Neusse asked to speak on item 1(d)(1), Farm Animals. Mayor Furlong invited her to speak during discussion of that item under new business. LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE. th With the 4 of July approaching, Lt. Jim Olson reviewed what fireworks are legal and illegal, reminded people that air soft guns, BB guns and paint ball guns are illegal in the city of Chanhassen, that passing on the right is dangerous as well as illegal, especially on Powers Boulevard at Lake Lucy Road and Kerber Boulevard, threatening emails, and a reminder that the Senior Center sponsors a monthly program called Donuts with the Deputies. Councilman Litsey th asked about the sheriff department’s contingency plans for special events like the upcoming 4 of July celebration. Chief Gregg Geske provided updates on fire calls over the past month, the th fire department’s involvement with the City’s 4 of July celebration, and mutual aid calls. The City Manager asked Chief Geske to discuss the car fire at the Lifetime Fitness parking lot. PUBLIC HEARING: VACATION OF DRAINAGE AND UTILITY EASEMENTS, HIGHCREST MEADOWS. Paul Oehme presented the staff report on the vacation request from the developer of Highcrest Meadows, Pulte Homes. Mayor Furlong asked about the impervious surface coverage on the lots and the chance of future variance requests before opening the public hearing. No one spoke and the public hearing was closed. Resolution #2009-53: Councilwoman Ernst moved, Councilwoman Tjornhom seconded that the City Council approves the vacation of the drainage and utility easements on Lots 6, 8, 12 and 13, Block 1, Highcrest Meadows as shown on the surveys prepared by Westwood Professional Services dated January 13, 2009. All voted in favor and the motion carried unanimously with a vote of 5 to 0. CONSENT AGENDA: APPROVE AMENDMENTS TO CITY CODE; CHAPTER 1, DEFINITIONS AND CHAPTER 20, ZONING REGULATIONS: FARM ANIMALS. Public Present: Name Address Jennifer Nuesse 6251 Cardinal Avenue Dewey & Marietta Hassig 5342 Mayview Road, Minnetonka Ellen Wolaner 330 Pleasant View Road Stephanie Hodel 330 Pleasant View Road Kelsey Frenzel 5818 Sailsbury Avenue, Minnetonka 2 Chanhassen City Council Summary – June 22, 2009 Devin & Tara Abbott 6420 Pleasant Park Drive Chris Arnoldy 350 Pleasant View Road Kate Aanenson presented the staff report and Planning Commission update on this item. Councilwoman Tjornhom asked staff to educate the council and residents on how other communities handle this type of ordinance. Councilman McDonald asked how this proposed ordinance amendment would interact with the nuisance ordinance. Mayor Furlong asked for clarification that what staff is recommending is how the City has been currently operating. Mayor Furlong opened the public hearing. Jennifer Nuesse spoke of her desire to raise chickens to lay eggs for a more sustainable lifestyle after attending a class at Gale Woods Farm. Ellen Wolaner, 330 Pleasant View Road spoke of her background and degree in agriculture and having a serious commitment to local food and sustainability. Stephanie Hodel, Ellen Wolaner’s 11 year old daughter spoke on behalf of herself and her brother David who’s 9 in favor of changing the ordinance so that they could raise hen chickens on their property as pets and 4H animals. Devin Abbott, 6420 Pleasant Park Drive and Kelsey Frenzel, 5818 Sailsbury Avenue, Minnetonka spoke in support of their friend, Stephanie Hodel and her family so they could raise chickens. Chris Arnoldy, 350 Pleasant View Road spoke in opposition of an ordinance amendment allowing livestock or farm animals in a residential area. Dewey Hassig, 5342 Mayview Road spoke of his experience raising 5 chickens and 3 bee hives on a half acre yard in Minnetonka, providing copies of the Minnetonka Farm Animal Ordinance and their definitions. Mayor Furlong closed the public hearing. After comments and discussion by council members, the following motion was made. Councilman Litsey moved, Councilman McDonald seconded that the City Council adopt the proposed amendments to Chapters 1 and 20 of the Chanhassen City Code as outlined in the staff report regulating animals. All voted in favor except Councilwoman Ernst and Councilwoman Tjornhom who opposed and the motion carried with a vote of 3 to 2. CONSENT AGENDA: APPROVE AMENDMENTS TO CITY CODE; CHAPTER 1, DEFINITIONS AND CHAPTER 20, ZONING REGULATIONS: YARD REGULATIONS. Kate Aanenson presented the staff report and Planning Commission update for this item. Mayor Furlong asked for clarification of the new wording proposed in the amendment under Section 20- 908(6) of the City Code. Councilman McDonald asked how this amendment would have affected previous examples brought before the council. Mayor Furlong suggested that staff and council look at some of the neighborhoods where substantial types of easements are in place, i.e. drainage and utility easements and conservation easements, and re-evaluate the need. Councilwoman Ernst moved, Councilwoman Tjornhom seconded that the City Council adopts the proposed amendments to Chapter 20 of the Chanhassen City Code regarding yard regulations, and amending Section 20-908(6) to insert the phrase “and other encroachments may be allowed.” All voted in favor and the motion carried unanimously with a vote of 5 to 0. 3 Chanhassen City Council Summary – June 22, 2009 CONSIDERATION OF APPOINTMENT TO THE PLANNING COMMISSION. Because of the resignation of Kurt Papke from the Planning Commission, the council discussed possible appointments from the group of recent applicants in the work session. Councilwoman Tjornhom moved, Councilman Litsey seconded to appoint Tom Doll to fill the remaining term of Kurt Papke on the Planning Commission. All voted in favor and the motion carried unanimously with a vote of 5 to 0. COUNCIL PRESENTATIONS: Mayor Furlong recognized and thanked the Lion’s Club for sponsoring their annual picnic for the seniors at Lake Ann Park. He noted the Chanhassen Rotary Club is looking for families to host a foreign exchange student for the upcoming 2009-2010 school year at Chanhassen High School. ADMINISTRATIVE PRESENTATIONS: Todd Gerhardt thanked Councilmember Tjornhom and Commissioner Workman for assisting with the scope change on the downtown park and ride parking ramp with the one condition that the City enter into a joint use agreement with Southwest Transit to use additional parking out at Lake Ann Park. He also thanked Sue Bill, the Senior Center Coordinator for the great job of hosting the senior picnic at Lake Ann Park. Mayor Furlong asked Paul Oehme, the City Engineer/Public Works Director to provide an update on the street projects. 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 8:50 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 4