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CC 2009 09 28 CHANHASSEN CITY COUNCIL REGULAR MEETING SEPTEMBER 28, 2009 Mayor Furlong called the meeting to order at 7:05 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 PRESENT: Molly Odzer Student Connor Rojina Student Anna Ewen Student Logan Mangold Student Laura Hemken Student Brenna Foley Student Johnny King Student Bob Pohlen Student PUBLIC ANNOUNCEMENTS: Mayor Furlong: Thank you and welcome everyone. I’m glad that those here in the council chambers joined us, as well as those watching at home. At this time I’d like to ask from members of the council if there are any changes or modifications to the agenda. If not then we’ll, I’m sorry. Councilman Litsey. Councilman Litsey: I was wondering under new business if I could add item number 4. City Council compensation. Mayor Furlong: Is there a second to that? What’s the. Councilman Litsey: I’d like to discuss either suspending or reducing our compensation in 2010 to help with the budget situation. And it wouldn’t be an action item. It’d be for discussion only. Mayor Furlong: I will, I guess we can add it but it sounds to me like that should be appropriate for our normal budget discussion. Is it different than our planned budget discussion? Councilman Litsey: I think it sets the tone for the budget discussions. I think we should be out in front of it. Chanhassen City Council – September 28, 2009 Mayor Furlong: I guess at this time is there a second for that? To add this on the agenda. Okay, there’s no second for that. Councilman Litsey: Okay, I’ll just bring it up under council presentations then. Mayor Furlong: That’d be fine. Why don’t you do that and then we can, it’s just discussion. That’d probably be a better way to do it. Councilman Litsey: Yep, that’d be fine. Mayor Furlong: Okay. Alright. Any other changes or modifications to the agenda? If not then without objection we’ll proceed with the agenda as published. With this the first item, we’d like to proceed with an invitation to our fire department open house. I invite all residents and guests and family to invite friends to our fire department open house. This is an annual event that will th be held this year on Sunday, October 11 from 1:00 to 4:00 p.m. at the main fire station at 7610 Laredo Drive. It’s an opportunity to meet members of your fire department. Shake hands with Sparky the Fire Dog and take rides on fire trucks and many demonstrations. There are a lot of volunteers in addition to our fire department members that participate. Carver County Sheriff’s Department will be there. Volunteers from the Carver County Mounted Posse. Ridgeview Medical paramedics will be there. Xcel Energy. It is a fun event. If you have been there before you will know that it’s a great time. Great opportunity to spend some time with the family. If you haven’t been there, I encourage you to get there as well. Even if it’s just for an hour or so to stop by. See some of the equipment. Meet some of our great volunteers in the fire department. th Again that’s Sunday, October 11 from 1:00 to 4:00 p.m. Let’s move on now with our consent agenda. CONSENT AGENDA: Councilman Litsey moved, Councilwoman Ernst 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 September 14, 2009 -City Council Verbatim & Summary Minutes dated September 14, 2009 Receive Commission Minutes: -Planning Commission Verbatim & Summary Minutes dated September 15, 2009 -Park and Recreation Commission Verbatim & Summary Minutes dated August 25, 2009 Resolution #2009-67: b. Approve Quotes for Lake Ann Park Stairway Projects. Resolution #2009-68: c. Approve Bid for Repairs to Sanitary Sewer in Lake Susan Hills th 9 Addition. d. Approve Consultant Contract for Well No. 4 Water Quality Improvements. e. Approve Fireworks Permit, Melrose Pyrotechnics. 2 Chanhassen City Council – September 28, 2009 nd f. Century 2000 Partners, LLP; Lots 3 & 4, Block 1, Arboretum Business Park 2 Addition: Release of Private Redevelopment Agreement, Assessment Agreement, Development Contract and Certificate of Compliance. 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. Jim Olson: Thank you and good evening. In your packet this month I have included the Sheriff’s Office Area Report for the month of August, Citation List, the Community Service Officer Report as well as the Chanhassen Crime Prevention Alert that Beth Hoiseth put out. Are there any questions at all from a numbers standpoint for this month? Mayor Furlong: Any questions for the lieutenant on his report? Lt. Jim Olson: It’s been a good thing crimes are going down, which is certainly a good thing. I didn’t know if you noticed also but traffic accidents have also went down this year by quite a bit for both property damage as well as personal injury accidents. The deer accidents are up a little bit but the rest of them have come down so. A couple things I wanted to share with the council. I want to talk a little bit about the new high school that’s come in and how that’s been going. Traffic patterns have been going very well so far. There were some parking issues at the football game on Friday night. You know there was probably, from what I’ve heard, 6,000 fans or so. So there was an awful lot of people that were there so we did have some parking issues there. There was a meeting today and we’ll be working on some of those parking issues and fire lane issues and so on. Todd Gerhardt: That’d be Chaska’s problem next year right? Lt. Jim Olson: Yes it will. Yes it will. It’s great to see everybody come out and watch a football game. That says a lot about community spirit and how this has been going so far. th Overall the opening has been going very well. Homecoming is coming up on October 9 and this is a great chance to start homecoming traditions on a real positive note. You know at some schools we’ve had some issues with property damage. You know kids look at it as a time to do some property damage and vandalism just to show some of their school spirit and we don’t want to start those types of traditions here. I’d encourage parents to talk to their students and you know about positive ways to show school spirit and get that going on a real positive note for us. In line with school starting, this month we’ve lost an awful lot of daylight as you’ve probably noticed, and I just want drivers to keep that in mind when they’re driving through neighborhoods. We have kids at bus stops again and you know keep that in mind when you’re going through neighborhoods. Now last week we had an incident at Chanhassen Elementary School. We had an officer that was in the area about 20 minutes prior. What happened was somebody had came and stolen a bag full of footballs. There were about 20 footballs in this bag and they’re worth about $20 a piece so about $400 dollars worth of footballs that the kids use 3 Chanhassen City Council – September 28, 2009 during recess. We had an officer in the area about 20 minutes prior who had seen a vehicle that just kind of looked a little bit out of place and had made note of it and then one of the, an employee of the City actually had called in a suspicious person that was putting a bag into their trunk so we put 2 and 2 together. I knew Chanhassen Detective Ryan Thiel went out and interviewed the person and actually was able to recover the bags and there will be charges that will be pending from that. From that incident. One other thing that we’ve had in the past month, we had 2 burglaries that occurred at occupied homes again over night. With one there was a garage door open and with the other one there was a window that was open. You know most of the crimes we’ve been having have been opportunistic this summer. I would just again, and I know I sound a little bit like a broken record but I would again encourage people to make sure they close their garage doors. You know lock their cars. Take their garage door openers out of their cars you know overnight. Just to try to prevent some of those opportunistic crimes. We do have some leads that we’ve been working on with the burglaries, along with a number of other agencies. It sounds like this has been a problem metro wide and we are working with some other agencies so. Otherwise any questions for myself or for the sheriff’s office? Mayor Furlong: Thank you. Any questions for Lieutenant Olson? Councilman Litsey: Maybe more of a comment. When I was at the game Friday night and it was a lot of fun. Very crowded but very fun and it seemed like the deputies did a good job handling the situation, but along with the traffic concerns too. Of course I got there not in time really so I could park in the lot there and a lot of people were parking across the high up in the industrial areas there and stuff, which seemed okay except the lighting issues and so forth. Are those going to be addressed too as a part of your discussion? Lt. Jim Olson: Those are some things that we will be talking about. That industrial area is Chaska’s so we’ll need to have some discussion with the City of Chaska about, you know with some of that. We also had folks that were parking in a lot of areas within the lot. Blocking cars in and so on so there was a lot of discussion that we’ll be doing. Councilman Litsey: I was not one of those but, also lighting is really not real good along the main corridor there and I know that’s more probably a City/County issue but it seemed like that could be increased a little bit too. Lt. Jim Olson: You’re speaking along Lyman Boulevard when you say that? Councilman Litsey: Yeah, Lyman. Yeah. Yeah. So, but thanks for taking a look at it and good job your deputies on a very trying night. Lt. Jim Olson: Yeah. It was busy. A lot of folks, there was some challenges with the ambulance as far as I think we’ve worked through a lot of those but yeah, next year hopefully we’ll have some other things in place for that. Mayor Furlong: Okay, thank you. Lt. Jim Olson: Thank you very much. Have a good evening. 4 Chanhassen City Council – September 28, 2009 Mayor Furlong: Chief Geske is here this evening. Good evening Chief. Chief Gregg Geske: Good evening. Mayor, you kind of stole my thunder. I was going to talk about the open house but. Mayor Furlong: Please do. Chief Gregg Geske: Thanks for selling it for us you know. I do appreciate it. I did want to discuss, we were involved recently with an MCI training. It was about a week and a half ago and MCI training is a mass casualty incident and it was held actually in Excelsior Bay and it was like a charter boat that was hit by another boat and there was quite a few different departments that were involved, along with South Lake was there and Chanhassen was involved. We were asked to come over to that too so we do get involved in other things outside and these are, we had one similar to this in our county before at the Dinner Theater where you have numerous numbers of people that are injured where we have to prioritize them for getting them off. This was a little bit different because of course it was a boat so everybody had to be transferred to shore and then you know we had to figure out which ones had to go to the hospital first and there was a hazardous materials spill out on the lake with the gas and the fuel and everything else so it did go rather well and it was good to see out there. Some other things that we have been doing of course with the high school opening up. We spent 2 nights training, splitting up the fire department so that we are familiar with the high school. I guess it’s a big piece of property. One of the things that we went through was of course getting the ambulances down to the football field, which we had to do the other night here and stuff and we’ve had some fire fighters that are actually standing by during the games for that so we spent some time for the walk through there. And with the pending Chanhassen public works building opening up in the future here, we were able to do training at that last Monday night so we become more familiar with that location also if we do have calls so. Some of the stuff that kind of goes on behind the scenes as these newer projects come to the end and open up and stuff that we get involved in by walking through and knowing about them beforehand so hopefully when we’re called out we have a better idea on how to respond to some of the stuff and pre-plans that we do so. So kind of bring that to your attention. Mayor Furlong: Okay, very good. Thank you. Any questions for the Chief? Councilman Litsey: Just thank you for participating in that mass casualty exercise. I was down there in a different role but it looked like everyone did a really good job coordinating efforts and it’s nice to be able to do those things at a scenario base and when it really happens, hopefully it never happens, it goes well so thanks for participating in that. Chief Gregg Geske: Sure. Mayor Furlong: Okay, very good. Thank you. Chief Gregg Geske: Thank you. We’ll see you guys all at the open house. 5 Chanhassen City Council – September 28, 2009 Councilman Litsey: Absolutely. Mayor Furlong: Got to love the Chief. Let’s move on with the other items on our agenda. MOON VALLEY, 100 & 220 FLYING CLOUD DRIVE: REQUEST FOR RENEWAL/ EXTENSION OF INTERIM USE PERMIT (GRADING); APPLICANT: TERRY BROS., MOON VALLEY, LLC. Paul Oehme: Thank you Mayor, City Council members. I’ve just got a brief presentation regarding this extension and renewal permit request. Just so everybody’s familiar with the location of the project. The project is located just north of Flying Cloud Drive and south of the Hennepin County trail system here and just east of 101. Say about a half mile or so, so it’s just in general the project location. So just a little history before we talk about the extension of the permit. In 1992 an earthwork permit was granted to the property owner by the City for mining operations. Then in 1996 a permit agreement was executed to resolve the mining and operations, the restoration conflicts and issues regarding the property. Then in 2004 a 5 year interim use permit was granted to the property owner for mining operations. And then in 2006 Terry Brothers acquired a permit from the property owner for mining purposes. The Planning th Commission did review the IUP and held a public hearing on September 15 and the Planning Commission did approve the, or recommended approval to the City Council of the interim use permit for this project. In general the mining limits are shown here in the white. Currently the area to the west is currently being mined but the mining limits are shown here before the proposed or the requested 10 year permit. Currently again the grading is in progress at this location here. In the tan color. Recently the grading has been completed in this lighter green areas up on top of the bluff and has more or less been restored. Trees have been removed at this location, which is consistent with the IUP that was previously approved and some grading work has also taken place east of here. Currently there is a small pond at the pond location here as well to handle some of the runoff from the property. The area out to the east, or to the west is for future potential mining operation area as well. Mining plan that’s currently before you tonight, again it’s to grade this area and mine it for aggregate, basically common bar material. Sand material out of this site for building purposes. And this lighter brown shaded area and the construction of the pond for basically for the redevelopment of the site potentially take place between 2015 and 2017 and proposed grading of the western side of the property would take place approximately between 2018 and 2019 with the construction of a pond at that location too. The staff did hand out a Findings of Fact updating from the background that was in your packet and staff has requested one additional item be added to the finding and that’s under Section number 3, item (u) and staff is requesting that no grading or materials be worked in this area until such time that the area to the east here is completely re-graded and vegetation established. So that is an additional request that was not included in your packet. And basically the staff has reviewed the IUP and is recommending approval at this time so if there’s any questions staff would be happy to try to answer them and the applicant is here as well. Mayor Furlong: Okay, thank you. Any questions for staff? Councilman Litsey. Councilman Litsey: I had one on the permitted hours of operation. I know that’s within our ordinance. Did you receive any feedback from nearby? 6 Chanhassen City Council – September 28, 2009 Paul Oehme: No the only, it’s my understanding at the Planning Commission there was only one property owner that showed up to the meeting and that was the adjacent property owner that more or less lives on the site and he just had some questions about the grading work that was taking place out there so. I don’t believe there was any. Kate Aanenson: There some someone that came, I’m sorry. You probably didn’t, it wasn’t on the record, that came later and that was, led to the condition (u). Someone on Lakota Lane and they do hear the noise and that’s why we looked at not exposing the entire site and moving that west side. They said 2018. If you can go back to that slide maybe Paul that showed that area. The gray area. They live, so they are overlooking that so instead of having it all exposed at once, and that’s why we added that condition. They showed up later to the meeting and so I visited with them and that was their concern. Just try to, so we don’t have it all opened up with the noise. There is a buffer there right now with the trees and the like and so they would like to see the, all the extraction be done on that side restored before they move over. And just to make sure that that’s not all wide open and a lot more noise, because those, Lakota Lane is right above that area so that was their concern. Councilman Litsey: Because it is a noisy operation and. Kate Aanenson: Yeah. Councilman Litsey: It’s totally atypical what you normally would experience from noise. Kate Aanenson: Yeah. Paul Oehme: And staff can re-evaluate those working hours at such time the area is going to be worked too. We have that opportunity in the future. Councilman Litsey: I guess I’d be more comfortable with like 8:00 a.m. to 5:00 p.m. and Saturdays not but… We can talk about that I guess with the applicant. Thank you. Mayor Furlong: Any other questions for staff at this time? Councilwoman Ernst: No questions. Mayor Furlong: Mr. Oehme, I noticed in the conditions here there’s a requirement for an annual report and an annual grading plan to be submitted to the City, is that correct? Paul Oehme: That’s correct. Mayor Furlong: So there’s an annual, even though we’re looking at a 10 year extension, there’s going to be an annual look from the staff standpoint to ensure compliance? 7 Chanhassen City Council – September 28, 2009 Paul Oehme: Exactly. We want to look at you know how far are they along in the process. How much material has been moved? What’s the restoration looking like? So just making sure we’re touching base with an annual. Mayor Furlong: Alright. And are there opportunities then if there are some issues or problems to look at that as well on an annual basis? Paul Oehme: Yep. That’s the IUP allows us to look at that on an annual basis and make adjustments if necessary. Kate Aanenson: Yeah. And it also says you can hold a public hearing to terminate it if they’re not following the conditions of the plan. That would include the areas to be graded and some of those others. Mayor Furlong: Is the grading plan here expanded beyond what was approved the last time? Paul Oehme: I think it’s actually shrunk a little bit. Kate Aanenson: Yeah. It’s pretty close to what was earlier shown. Paul Oehme: Yeah, it’s pretty close to what was shown a little bit. We did tweak some of the grades and bring in the construction limits a little bit I believe to try to save some of the trees on the western side. Up in this area. Kate Aanenson: Again that’s what’s providing buffer to some of those residents up on top. Visually. Mayor Furlong: Okay. Councilman Litsey: One other quick question. In Carver they have the gravel pit. Do they, I don’t think they allow operation on Saturdays, do they? Paul Oehme: I don’t know. Councilman Litsey: Okay. I know there’s probably more houses around that one that have been built up but… Mayor Furlong: Have they been, what has their operation been? Have they been grading… Kate Aanenson: It’s been slow. It’s been slow. Paul Oehme: Yeah. Mayor Furlong: But prior, when was the, and maybe we can ask the applicant that. 8 Chanhassen City Council – September 28, 2009 Kate Aanenson: Sure. Well for the Planning Commission meeting the testimony was, a lot of what they do is for commercial or for streets and there hasn’t been a lot of that so it lengthens the term. And you know as we’ve looked at being able to come down there to provide sewer and water, we do see a higher and better use so the main goal was getting the grading plan, is to get a reclamation plan so it’s developable in the future so we’re not left with a hole that’s going to. Mayor Furlong: Take the aggregate out now and then restore. Kate Aanenson: Restore it in such a way that it’s developable into the future. Mayor Furlong: That it’s developable. So that when the market conditions are right. Kate Aanenson: That’s correct. Mayor Furlong: It can be developed. Okay. Any other questions? Councilwoman Tjornhom: I think Vicki had one. Mayor Furlong: Councilwoman Ernst. Councilwoman Ernst: Thanks. Paul, as I looked at the Phase I that was prepared, the audit that was prepared by McCain and Associates for the clean up, was all that completed? It says in Phase II it showed that the clean up would be performed on the site. And it shows that the gun range was cleaned up. Does that mean… Kate Aanenson: Yeah, I can address that. That goes back to Settlers West when, if you look, if you remember when we reviewed that subdivision we looked at topographically they’re completely separate pieces. While they’re under the ownership of the Zwiers so at that time we decided to work with Eden Prairie to get access to this property and one of the conditions allowing that access was that they were to get the, shut down the gun range and there was a telecommunication tower and then we actually worked with the Zwiers family to apply for some grants to get clean up, to get the lead out. They’ve done that on their own so that’s all been cleaned up. Councilwoman Ernst: Okay. Kate Aanenson: There was a lot of shot in the site. Councilwoman Ernst: Thank you. Mayor Furlong: Thank you. Councilwoman Tjornhom. Councilwoman Tjornhom: Yeah let’s go back to the people that are surrounding Moon Valley. There aren’t really a lot of residential properties. 9 Chanhassen City Council – September 28, 2009 Kate Aanenson: If you go back to that first aerial I think you can see. There is homes on Lakota. I think go back. There. Yeah. There are the lots on Lakota there. They over, but they overlook that. Councilwoman Tjornhom: And this is, I mean this operation went since 2004 correct? I remember when I was first on the council with the Planning Commission we walked Moon Valley. Kate Aanenson: That’s yeah, but we walked it because of Settlers West was looking at it. They’ve been in operation for a long, long time. Councilwoman Tjornhom: Longer than that. Kate Aanenson: Yeah, and Settlers West is now up on top also so that’s the other residential that’s on top that has direct impact by that operation. Councilwoman Tjornhom: And we’ve never had any complaints? Kate Aanenson: Well we don’t have anybody at the end yet. I think they came in after the operation. Yeah. Councilwoman Tjornhom: Okay. Mayor Furlong: Councilwoman Ernst. Councilwoman Ernst: I do believe that in the notes it did say that you hadn’t received any complaints as of today, correct? Kate Aanenson: Although the neighbors did show up and then after the meeting this item was discussed. A couple other neighbors from Lakota did show up and, we just want to make sure that there’s, you know we do things visually and, you know do things to mitigate the impact on the noise and that’s preserving certain slopes so they don’t have to look at it and it helps with the noise attenuation. Mayor Furlong: Okay. Alright. Any other questions at this time? No? The applicant is here this evening I believe. Good evening sir. Rick Murray: Good evening. Mayor Furlong: If you could come to the podium and state your name and address. Rick Murray: My name is Rick Murray, 15 Choctaw Circle, Chanhassen. Hello Kate. Good evening Todd. I was well acquainted with this facility in years past. I’m here this evening not as a member of Terry Brothers but as a representative. Mayor Furlong: Okay. 10 Chanhassen City Council – September 28, 2009 Rick Murray: The gentleman that was here at the Planning Commission, this is the eve of his wedding. He is out of town so I’m here to try and answer your questions as best I can. I’m very familiar with the site. I used to site hunting rifles in there on a regular basis and was there when the guys in the little white suits were up there combing those hills to try and get all that lead back out of that sand fill so. When I was talking to Mike about you know this program. Actually when his dad approached me in ’06 it was you know the Moon Valley Rifle Range. I’m going that is really a pit. I meant a pit. It’s amazing now what it looks like and the total, or the culmination of this plan that’s been put together by the staff or I don’t know maybe it was before the staff but culmination of this plan is to have a restored area and it’s going to look terrific. Take just a moment to the hours of operation Mr. Litsey. This time of year you pretty much say you know you’ll start at 10:00, you start at 10:00. Especially this year but in the summertime when you are moving, it’s important to get the machinery started as early as practical. 7:00 has been, is pretty standard in our industry to get your, you get your superintendents and your operators there around 6:00-6:30. They do the maintenance and everything on the equipment and then you’re moving material at a reasonable hour in the morning. Saturday operations I think have always been here in the Moon Valley site. I might be wrong but I think that’s true. Were there any other questions? I’d be happy to try and answer to the best of my knowledge. Councilman Litsey: No, I understand from a business standpoint the need for that. I just want to be respectful of the surrounding area. Rick Murray: Oh absolutely. Councilman Litsey: And if there isn’t any overriding complaints then that’s fine and we don’t have any real development going in over the next few years, then have at it. But if it’s, if there’s concerns I guess I just want to make sure that we respect those but it doesn’t sound like there’s. Rick Murray: Mild irony is the gentleman that developed Settlers West is also the gentleman that sold Mr. Baier’s the gravel pit, the permit. Mild irony. Councilman Litsey: Thanks. Councilman McDonald: I’ve got a question. Mayor Furlong: Mr. McDonald. Councilman McDonald: How much longer do you see the operation of this going? We’re doing a 10 year extension at this point. Is part of that to help do the reclamation for the site or will that not start until after the permit’s over? Rick Murray: No, I think the permit is finished, I mean I think the reclamation needs to be finished at the end of the permit. So the 10 years does accomplish that as well as we move, I think the estimate was a million, about a million yards of soil needs to be moved to get it to that, to get to that place. To be reclaimed. 11 Chanhassen City Council – September 28, 2009 Councilman McDonald: Okay. Mayor Furlong: Okay. Very good. Any other questions? No? Very good. Thank you. Rick Murray: Thank you. Mayor Furlong: Appreciate it. I think there was a public hearing at the Planning Commission. Kate Aanenson: That’s correct. Mayor Furlong: Was there not? I don’t know if there’s anybody here in the council chambers that would like to provide public comment. I’d certainly provide that opportunity at this time. No? Okay. Very good. Thoughts and comments from members of the council. Seems to be a reasonable request and I think the staff and Planning Commission worked hard to try to find a balance. Obviously there’s an issue raised here on hours of operation but my sense is that there’s some comfort there. Councilman Litsey: Doesn’t seem, yeah. Mayor Furlong: There isn’t a problem so if there’s discussion, wonderful. If not if someone would like to make a motion, that’d be fine too. Councilman McDonald: I’ll do the motion. The Chanhassen City Council approves Interim Use Permit Planning Case #09-14 to permit grading, excavation and slope restoration as proposed on the plans prepared by Sathre-Berquist dated 7/30/2009 subject to conditions 1 through 20 on pages 8 through 10 of the staff report. And does that affect the handout? Kate Aanenson: Yes. And the interim use permit. Mayor Furlong: If you adopt the, this is the. Todd Gerhardt: Interim Use Permit. Mayor Furlong: Interim Use Permit 09-14. Kate Aanenson: There’s only, you’re missing one condition on the one so it should be 1 through 21 which would be (u). Roger Knutson: Right, if you just want to say adopt the Interim Use Permit as prepared and presented. Councilman McDonald: Okay, that we adopt the Interim Use Permit as prepared and presented tonight before the meeting and the adoption of the Planning Commission Findings of Fact. Mayor Furlong: Thank you. Is there a second? 12 Chanhassen City Council – September 28, 2009 Councilwoman Tjornhom: Second. Mayor Furlong: Made and seconded. Any discussion on the motion? Councilman McDonald moved, Councilwoman Tjornhom seconded that the City Council adopt the Planning Commission Findings of Fact and approve Interim Use Permit, Planning Case #09-14, to permit grading, excavation and slope restoration as proposed on the plans prepared by Sathre-Bergquist, Inc., dated 7/30/09, subject to the following conditions: 1.The interim use permit shall be approved for a period of ten (10) years from the date of City Council approval. The applicant will need to request a formal extension 60 days prior to the expiration date of the interim use permit. 2.Permits from the appropriate regulatory agency must be obtained; including but not limited to the Minnesota Pollution Control Agency, Lower Minnesota River Watershed District and Carver County. 3.The applicant must submit a phasing plan. This information shall be submitted annually a minimum of 30 days before the anniversary of City Council approval. 4.An administration fee shall be collected each year and shall be based on the number of cubic yards of material being graded as identified in the phasing plan. The fees are taken from the Uniform Building Code Appendix, Chapter 33. 5.The applicant must submit a summary of the quantity of material that has been removed from the site and the quantity of remaining material. This information shall be submitted annually a minimum of 30 days before the anniversary of City Council approval. 6.Grading on the east side of the creek must cease at or above the 756-foot contour; this must be reflected on the next plan submittal. 7.The applicant must provide the City with a cash escrow or letter of credit in the amount of 110% of the construction costs for the appropriate phase of the grading operations to guarantee erosion control measures, site restoration, and compliance with the interim use permit. The amount of the security shall be established annually and shall be submitted by the anniversary date of City Council approval. 8.Permitted hours of operation will be 7:00 a.m. to 6:00 p.m., Monday through Friday, and 9:00 a.m. to 5:00 p.m. on Saturday with no work permitted on Sunday or legal holidays. 9.Grading on the east side of the creek must cease at or above the 756-foot contour and all disturbed soils must be permanently stabilized and restored in accordance with the Restoration Plan as specified in the Grading, Drainage, and Erosion Control Plan dated August 8, 2004. 13 Chanhassen City Council – September 28, 2009 10.If the excess material is hauled to another site in Chanhassen, a separate grading permit will be required for the other property. 11.Type II, reinforced silt fence must be installed and maintained at the northwest corner of project, and in all areas specified in the Grading, Drainage, and Erosion Control Plan. Type II silt fence must be reinforced using sediment logs, wire-backing, or other effective Best Management Practice. 12.Exposed, unworked soils must continue to be stabilized with temporary or permanent stabilization BMPs in accordance with the construction sequencing as stated in the Grading, Drainage, and Erosion Control Plan. 13.Exposed, unworked erodible soils with positive slopes must continue to be stabilized using erosion control blanket or alternate effective BMPs according to the Grading, Drainage, and Erosion Control Plan. 14.All other sediment and erosion control measures must be in place and maintained according to the Grading, Drainage and Erosion Control Plan dated August 8, 2004, and phasing plan to be submitted by applicant. 15.Tree preservation fencing must be installed at the edge of grading limits. 16.No tree removal is allowed beyond the 756-foot contour on the east side of the creek. 17.MnDOT Native Mix 340 be used for the seeding. 18.All restored slopes shall be planted with trees. The trees shall be bare-root, native species, one-half to one-inch in diameter, five to ten-foot spacing in a random pattern from the top to the toe of the slope. The approximate number of trees needed is 20,000 (7’ x 7’ spacing). Spacing (feet) Trees per acre 5 x 5 1,742 6 x 6 1,210 7 x 7 889 8 x 8 681 10 x 10 436 19.A driveway access to 230 & 240 Erie Avenue must be maintained at all times during construction. 20.Submit a plan showing a permanent driveway access alignment for 230 & 240 Erie Avenue.” 21. Grading west of the unnamed creek shall not commence until the grading on the existing mining operation and site restoration has been completed east of the creek. All voted in favor and the motion carried unanimously with a vote of 5 to 0. 14 Chanhassen City Council – September 28, 2009 COUNCIL PRESENTATIONS: Mayor Furlong: Councilman Litsey, you wanted to. Councilman Litsey: Sure, thank you. What I had requested to do is add it as an item of new business, and that’s fine to address it now. What I’d like to just draw attention to I guess is, to help mitigate expenditures in 2010 we’ve been asking or we are asking city staff to accept a wage freeze, which really in reality means a decrease in actual earnings with considering their contributions towards health insurance will be going up next year. I’m not quite sure how much but we know it’s not going to be going down so, so I think it’s really important that the council lead by example and help shoulder this burden by either suspending or reducing our compensation from the city in 2010. Right now we receive compensation collectively between all of us for attending the regular meetings and work sessions of just over $25,000. We’re also eligible for additional compensation for other meetings over and above that which could total as much as $9,000 collectively between us so we’re talking about quite a large expenditure of, could reach as high as $34,000 or just slightly over that. And I have prepared some spread sheet and staff has asked if they could check it over to make sure everything’s correct on there, but like I said I think you know it’s been emphasized here, last meeting especially with the preliminary levy being set what I thought was arbitrarily low. That now we’re faced with that reality that we have to work within those confines of what’s been approved and I think now more than ever we need to take a step forward and support staff by saying you know what we really appreciate what you’re doing next year by helping us through this and we’re willing to do the same thing so I would say we should consider anywhere between suspending our pay next year or at least reducing it to help with the budget process, and I think the reason why I want to get out in front of it rather than wait til the budget process plays itself out, which again we’re pretty restricted on what we can do anyway by the preliminary levy but I think it’s important for us to set the tone as leaders of the community that it’s tough economic times. The vote has emphasized that on the preliminary levy that we’re not willing to look at any increases to the taxpayer. So we’re going to have to look for a lot of cost savings and let’s look to us first. The other thing too I think we really need to stop doing, and I’ve repeated asked this, is not serve meals at our work sessions. I think we could bring our own. I brought yogurt today. I think we stop travel and training unless it’s absolutely essential reimbursing us for that, and I believe the budgeted amount next year for that is another $5,000 so we’re looking at a considerable amount. Near $40,000 that we can help contribute towards this budget situation next year and we’re also facing a budget shortfall this year of well over a half million dollars so let’s step up to the plate and let’s take the lead. Mayor Furlong: Okay. Thank you. Any other items under council presentations? The one item I would share is tomorrow evening at 5:30 Southwest Transit is going to be having a public hearing on some proposed route changes that do affect some of the routes here in Chanhassen. Some of these are related to change in service levels to increase with the goal of increasing actually efficiency in the system but also with regard to some anticipated changes and construction schedules in the downtown area so if people are interested I would encourage them to attend the public hearing tomorrow evening at 5:30 at Southwest Station. That’s in Eden Prairie right next to the Eden Prairie ramp. Anything else for council presentations this evening? Let’s go to administrative presentations. Mr. Gerhardt. 15 Chanhassen City Council – September 28, 2009 ADMINISTRATIVE PRESENTATIONS: Todd Gerhardt: Just a reminder of our first Chanhassen High School homecoming activities here th on October 9. We have a parade that’s going to go on in downtown Chanhassen. Parade starts at 4:30 so plan ahead to get your favorite spot. The game starts at 7:00 and there will be a bonfire after the game so something a little different and welcome everybody to attend. That’s all I have. Mayor Furlong: Thank you. Any questions for Mr. Gerhardt or his staff? No? Okay. CORRESPONDENCE DISCUSSION. None. Mayor Furlong: School has stated and that’s obvious because we have I think some students here in attendance this evening and so what I would encourage you, I didn’t see a lot of late arrivals. That’s good but for any visitors I would encourage you, there’s a sign in sheet over at the table I believe. Make sure you get your name on there and at least it will show that you were here at the end of the meeting if not before so, thanks for coming. If any of the students have any questions afterwards, feel free to talk to any of the staff, members of the council or if you need something signed, any of us would be happy to do it as well. If there’s nothing else to come before the council this evening, is there a motion to adjourn? 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 7:40 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 16