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CC 2004 01 12CHANHASSEN CITY COUNCIL REGULAR MEETING JANUARY 12, 2004 Mayor Furlong called the meeting to order at 7:08 p.m. The meeting was opened with the Pledge to the Flag. COUNCILMEMBERS PRESENT: Mayor Furlong, Councilman Labatt, Councilman Ayotte, Councilman Lundquist, and Councilman Peterson STAFF PRESENT: Todd Gerhardt, Elliott Knetsch, Justin Miller, Kate Aanenson, Matt Saam, Todd Hoffman, Lori Haak, and Bruce DeJong PUBLIC PRESENT FOR ALL ITEMS: Janet & Jerry Paulsen Debbie Lloyd Lexy Unze Allison Alejo Britt Job Zach Schelhaas Eric Nelson Matt Saldack Kevin McHale Katie Holm Ashlay Jung Andy Riesgraf Melissa Gilman Sharif E. Christopher B. Jeff Lundquist Rich Slagle Scott Anderson Melissa Olson Alison Eiler Krista Trebiatowski Emily Anderson Steve Daniel Brianna Bigaovetto Shawn Smith Mike Korsh Melissa Dooner Stephanie Thomes Derek Thompson Dan Johnson Samantha Schwartz 7305 Laredo Drive 7302 Laredo Drive 1080 Lyman Court 7465 Chippewa Trail 112028 Warner Circle 110935 Van Hertzen Circle 1480 Meadow Lane 8760 Lake Susan Court 6940 Tecumseh Lane 2770 Autumn Woods Drive 211 Oak Street 588 Innsbruck Drive Chanhassen Villager 421 Pineview Court Chaska Government Class 8705 Mary Jane Circle Planning Commission 7550 Canyon Curve 8015 Dakota Circle 7000 Shawnee Lane 163 Highland Drive 810 Ashley Court 8759 Ridge Ponds Drive 2362 Manuela Drive 725 Halla Nursery Drive Kraus Anderson 5920 Dahlgren Road 1445 Meadow Court 1033 Trumble 112511 East Scott Lane 8770 Deer Run Drive City Council Meeting - January 12, 2004 PUBLIC ANNOUNCEMENTS: PRESENTATION OF MAPLE LEAF AWARDS: A. ROD FRANKS, PARK AND RECREATION COMMISSION. Mayor Furlong: Good evening and happy new year everyone. I would like to welcome everybody that's here this evening as well as those watching at home. We'd like to start this meeting with a few public announcements. This is the fun part. We've got three Maple Leaf Awards to present so, let's see ifI could have Rod Franks come forward. Councilman Ayotte: Watch his grin. Mayor Furlong: Rod Franks served on the Park and Recreation Commission as a member for 7 years. 3 of those 7 as it's Chair. Mr. Franks also served on the 1997 Park Referendum Volunteer Committee, the 2002 Community Center Study Group and the Dave Huffman Memorial Race Committee. Projects that were accomplished with the help of Mr. Franks include acquisition of the Fox property, the expansion of our trail system including the trail connectors of the Marsh Glen trail, the Highway 101 South trail, the Highway 5 underpass trails, construction of Bandimere Community Park, renovations to the Roundhouse and City Center Parks, improvement to 18 of our neighborhood parks and also the addition of our skate board park to our park system. Rod has volunteered at numerous special events and has served as an articulate spokesperson for the Park and Rec Commission as well. We are very grateful for his past services and the reason he's here is because he was recently elected to serve on the District 112 School Board so we wish him a lot of success and look forward to continuing to represent our residents there. So on behalf of our appreciation Rod, I'd like to present you with this Maple Leaf Award and extend the thanks of the city to you. Rod Franks: Thank you. I'll just keep it brief. You know once you get elected you start run on at the mouth so I'm trying to learn some new things but I enjoyed serving the city and being on the park and rec. Todd, it was just great working with you and you've got a great staff person there and now I look forward to just using all the parks without having to worry about who's picking up the trash and are those skating rinks getting plowed and that kind of thing so, thank you again for the opportunity to serve. Mayor Furlong: Very good, thanks. Councilman Labatt: Thank you Rod. Mayor Furlong: Mr. Bohn. These are always fun but we've got 3 great ones this evening. Jim Bohn was on the Housing and Redevelopment Authority and Economic Development Authority member. Jim was appointed commissioner to the Chanhassen Housing and Redevelopment Authority on July 16, 1979 and has been a commissioner ever since. Just about 24 years. Mr. Bohn has served the HRA and later the Economic Development Authority, which has been responsibility for transforming this community from a small, mostly residential town to a thriving full service city that we are today. Projects undertaken while Mr. Bohn was a commissioner include the downtown redevelopment, including the Target, Byerly's, Market Square developments as well as their associated infrastructure improvements, establishment of several industrial parks which have added millions to the city's tax base, and creation of affordable housing options such as Centennial Hills Senior Living Facility and Heritage Park Apartments. Jim, the City of Chanhassen has been very fortunate to have a resident like you committed to the City Council Meeting - January 12, 2004 economic development of our city for the last quarter of a century. Your experience and insightfulness has been a tremendous asset on the commission. We are going to surely miss your presence. So on behalf of the City I'd like to extend our thanks and appreciation with this Maple Leaf Award. Thank you very much Jim. Congratulations. And Randy. Randy Herman: Tough acts to follow. Mayor Furlong: You hold your own. Randy Herman has been a commissioner on the Southwest Metro Transit since 1995. Over the years he's served on the Development Committee for the new Southwest Metro Transit station, as Chair of it's Budget and Personnel Committee, and as Treasurer and Vice-President for Southwest Metro Transit Commission. During his tenure the agency has transformed from a small, no frills transit authority with virtually no assets to one of the premiere systems in the state of Minnesota with has an on time performance of approximately 99 percent, one of the highest safety ratings in the country, superior customer satisfaction rating given by over 95 percent of it's passengers and today has over $45 million in capital assets. Some of the major accomplishments that have occurred at Southwest Metro Transit under, with Randy's leadership include the tripling of ridership and fare revenue. Currently Southwest Metro provides approximately 700,000 rides and brings in over $1.5 million in annual fare revenue. The completion of the region's first complete transit oriented development, Southwest Station in Eden Prairie and the securing of over $40 million in federal and state transportation. Randy, we certainly appreciate your serving the residents of Chanhassen on the commission and we thank you very much for your time. Randy Herman: Thank you. Just I'd like to say thank you for the opportunity to serve also. It's a phenomenal organization and I think it's really an asset to the city. We're very fortunate to have Southwest Metro so thank you. ORGANIZATIONAL ITEMS~ Mayor Furlong: Moving on with our agenda. First I will ask if there's any additions or deletions to the agenda? If not, we'll adopt it as approved. As this is our first meeting of the calendar year, we have some organizational items that we are to attend to. On my list here. The first item is the appointment of an official newspaper. Staff report. Do you want to give a brief introduction on each of these as we move through? Todd Gerhardt: Mayor, council. We received two quotes from the Chanhassen Villager and Lakeshore Weekly. Under the state statute the Chanhassen Villager is the only newspaper that qualifies to be our official newspaper. Staff is recommending the Chanhassen Villager. Mayor Furlong: Thank you. Any questions for staff? If not we'll bring it to Council. Is there any discussion or a motion? Councilman Peterson: Motion to approve the Chanhassen Villager as the official newspaper. Mayor Furlong: Thank you. Councilman Labatt: Second. Mayor Furlong: Second has been made. Any discussion on the motion? Hearing none we'll proceed with the vote. City Council Meeting - January 12, 2004 Councilman Peterson moved, Councilman Labatt seconded to Villager as the city's official newspaper. All voted in favor unanimously with a vote of 5 to 0. appoint the Chanhassen and the motion carried Mayor Furlong: Second item is the Acting Mayor. Here the council should select from one of it's members to serve as Acting Mayor to stand in at ceremonies and execute official city documents in the absence of the mayor. Is there a motion? Councilman Lundquist: I would nominate Craig Peterson. Mayor Furlong: Thank you. Is there a second? Councilman Labatt: Second. Mayor Furlong: It's been made and seconded. Is there any discussion? Councilman Lundquist moved, Councilman Labatt seconded to appoint Craig Peterson as Acting Mayor. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Furlong: Fire Chief. The Fire Department elected Greg Geske to a two year term as Chief in December. Staff is recommending that the council affirm Mr. Geske's appointment as Fire Chief. Councilman Peterson: So moved. Councilman Labatt: Second. Mayor Furlong: Is there any discussion? Councilman Ayotte: Just point of clarification. Mayor Furlong: Certainly. Councilman Ayette: Has it always been a 2 year term? Why 2 years versus 4 versus? Todd Gerhardt: I'm not sure. It's under their By-laws in establishing that. Mayor Furlong: Is there any other discussion? Questions? Councilman Peterson moved, Councilman Labatt seconded to reaffirm Greg Geske as Fire Chief for the Chanhassen Fire Department for a two year term. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Furlong: Health Officer: Mr. Dave McCollum, or Dr. Dave McCollum has served as our Health Officer since 1981. He has indicated that even though the position does not see a lot of activity, he would like to see the position designated to someone else. Mr. Gerhardt, do you want to. Todd Gerhardt: to act as our appointment. Staff contacted Dr. Lane from Ridgeview Medical Clinic. Dr. Lane has agreed Health Officer for the City of Chanhassen and staff is recommending his City Council Meeting - January 12, 2004 Mayor Furlong: Very good, thank you. Any questions for staff'? Councilman Ayotte: Yes. What does a health officer do, (a), and (b), given the future discussion points, do we have latitude to really expand or increase that role? I'm thinking about homeland security. Things along that line. Todd Gerhardt: He could get involved in that to some degree. In the past we've called on a meningitis case. We've used the health officer in investigations on condemning out apartments that may be junk apartments is I think the term they use. To see if they're livable or not. Those are the two cases that I'm aware of. Councilman Ayotte: Do we have something written down that asked what the duties are and so forth? Todd Gerhardt: Nope, we have not done a job description. Under state statute we are to designate an officer, but that's something we should probably do. Mayor Furlong: Okay. Good point. Is there any other questions for staff'? If there are none, is there a motion regarding staff's recommendation? Councilman Lundquist: Motion to approve. Mayor Furlong: Is there a second? Councilman Peterson: Second. Mayor Furlong: Any discussion? Councilman Lundquist moved, Councilman Peterson seconded to appoint Dr. Michael Lano as the City's Health Officer. All voted in favor and the motion carried unanimously with a vote of 5 to 0. CONSENT AGENDA: Mayor Furlong: If there's a desire to discuss any of the items, they can be pulled from the consent agenda and discussed separately. With that, are there any items that wish to be pulled from the consent agenda? Councilman Labatt: Mayor I'd like to pull l(f). Mayor Furlong: Okay. Length of time of discussion on that? Councilman Labatt: Actually I'd like it to be pulled and tabled until we have a chance to discuss public safety at our February 2nd or 17th work session. This deals with the adopting the ordinance that repeals the Public Safety Commission and I don't believe we've adequately discussed the future of public safety in Chanhassen so I'd like to have this pulled and table until then. Mayor Furlong: Pulling to table, okay. Alright, are there any other items that people wish to pull from the consent agenda? If there is none, is there a motion to approve the consent agenda excluding item l(f)? City Council Meeting - January 12, 2004 Councilman Ayotte moved, Councilman Lundquist seconded to approve the consent agenda items pursuant to the City Manager's recommendations: Approval of Minutes: -City Council Work Session Minutes dated December 8, 2003 -City Council Verbatim & Summary Minutes dated December 8, 2003 g. h. i. following Receive Commission Minutes: -Planning Commission Summary & Verbatim Minutes dated December 2, 2003 -Park and Recreation Commission Summary & Verbatim Minutes dated December 16, 2003 Resolution /t2004-01: Accept Street & Storm Sewer Improvements in Big Woods on Lotus Lake, Project 01-12. Resolution /12004-02: Accept Utility Improvements in Boyer on Lake Minnewashta Addition, Project 02-11. Resolution/12004-03: Approve Change Order for Well 9 Test Drilling Project 03-02. Resolution/12004-04: Approval of Change Order for Kings Road Pond Project. Approval of Amendment to City Code Concerning the Bluff Creek Overlay District. Resolution/12004-05: Approval of 2004-08 Capital Improvement Program. Approve Request for a Wetland Setback Variance and Conditional Use Permit for the Construction of a Shed, 7474 Moccasin Trail, Khai & Heather Tran. Approve Stipulation of Settlement for Tessler Easement on Highway 101 North Trail, Project 97-12-3. All voted in favor and the motion carried unanimously with a vote of 5 to 0. F. APPROVAL OF AMENDMENT TO CHAPTER 2 OF CITY CODEs ADMINISTRATION. Mayor Furlong; Councilman Labatt, let's deal with l(f) right now then. If' it's your desire to make a motion to table 1 (f). Councilman Labatt; I'd like to move that we table this until the first general meeting after our work session which we discuss public safety. In February. Mayor Furlong; Okay, is there a second to the motion to table? Councilman Ayotte; Second. Mayor Furlong; Is a motion to table debatable? No? I don't think it is. Elliott Knetsch: No. City Council Meeting - January 12, 2004 Mayor Furlong: Okay. Councilman Labatt moved, Councilman Ayotte seconded to table Amendment to Chapter 2 of City Code, Administration until the first general meeting after our work session which we discuss public safety. Councilman Labatt and Councilman Ayotte voted in favor. Mayor Furlong, Councilman Lundquist and Councilman Peterson voted against. The motion failed with a vote of 2 to 3. Mayor Furlong: Why don't we deal with it tonight, or at least talk about it, and then we may end up moving forward Steve with your recommendation anyway. Given that I would propose that we move it to the end of the our agenda under item of new business. If there's no objection to that? Councilman Labatt: I'd like to discuss it now as long as we have people here. Let's talk public safety. If we don't want to table it, let's talk about it now. People are here. Mayor Furlong: If there's no objection, I'd be happy to take it up. That's fine. Councilman Labatt: This ordinance deals with repealing the Public Safety Commission of which we've had discussions on this for the last 5 years, off and on that I've been on the City Council about whether or not we need to have a Public Safety Commission. We have not adequately discussed this as a council, whether or not we're going to have one. And if we do, what is their charter? What is their scope of responsibilities? We've listened to, in past meetings with the sheriff proposing to us that we need to have another investigator assigned here to Chanhassen. Pay for an extra investigator. We're looking at another thing is having it with another lieutenant. These are all areas of public safety that need to be looked into by a body and they make a recommendation whether we're going to add to this public safety organization. And we just had a work session where we had discussed having a work session in February to look into all these potential changes, in the law enforcement in Chanhassen and public safety as it relates to all our residents, and it would be prudent upon all of us as leaders in this community to hold off on repealing the Public Safety Commission until we have a chance to discuss it, public safety that is, in February. Mayor Furlong: Thank you. I guess two things. We can either go into council discussion or is there a staff report? I know the issue Councilman Labatt's concerned about is one of the items within this. This actually deals with amending a variety of parts of code, of Chapter 2 for the city code so is there a staff report at all? Todd Gerhardt: Maybe Kate can address a couple of the issues. We do have some concerns regarding Chapter 2 other than the Public Safety Commission. We have kind of changed our ordinance over time and as a part of that we repealed basically the Planning Commission and Park and Recreation Commission so effectively we've been operating without those two individuals on the books. So tonight, whatever you decision is, we'd like you to approve at least that potion of the chapters so we can move on and have those certified. Kate Aanenson: Yeah, let me just add to what Todd mentioned. A month or so ago, almost 2 months ago we did repeal the section of the code, assuming that was going to get adopted. At that time there was concern about the Public Safety Commission. As we worked through the code changes, we brought forward which is currently not in the code, the Senior Commission and Environmental Commission. We spelled out their duties in the bylaws are all put in, so they're all codified and consistent. What we couldn't get concurrence on is what the Public Safety is and City Council Meeting - January 12, 2004 this isn't an intent to not put them in but there wasn't concurrence on what their job duties are, but 2 months ago we did repeal the Planning Commission and Park Commission so they're not, currently they've been repealed. Our goal tonight is to get those ordinances that we have concurrence on, approved and into the new code. We're still working. We intend to have the rest of the code adopted by probably the first of April so what we're saying is that because we're not adopting that part tonight is because there wasn't concurrence on that. We took it out because of the language that it's not operating right now but we're not saying it's not going to go forward or there can't be more discussion on it but our goal tonight is to get those that we have concurrence on, to get those adopted since we've repealed two of them. And the other, the senior and environmental commission were never put in the code book. We felt it was appropriate to get them in. Besides that there are a couple other administrative things in Chapter 2 that were rectified and we're just asking that those be adopted. And that certainly sounds like a separate discussion. We just don't want to hold this up as part of that. But there is more code work coming forward. Mayor Furlong: Okay. Yeah, questions for staff please. Councilman Ayotte: So how much of a, if I heard you right with my one good hearing aid that's working tonight, you're saying that we could drop the public safety commission portion of this action, to view that closer on February or do we have to, is it an all or nothing? Kate Aanenson: No. I mean you could adopt the code, change code at any time, but I just want to make it clear we're still in the process of updating the code. We're still working with the Planning Commission next week, making changes in Chapter 18 and 20 so it's not like we're done with the code. What we're saying is we repealed two parts and we've codified some more, and we'd like to get at least those back in because when we stopped we didn't recognize by repealing one we didn't go forward with the other. We didn't recognize that until the next day, the implications of that. Whatever your recommendation on the Public Safety Commission, we would like to see separate from this. We're just hoping that you don't hold this up while we're trying to reconcile that. Councilman Lundquist: So after our meeting in February we can always put the Public Safety Commission back in? Kate Aanenson: At any time. Any time, right. If you want to hold off completion of the final adoption of the code until that's resolved, that's fine but this one we'd like to see you move forward. Councilman Peterson: I really wasn't planning on talking about the Public Safety Commission tonight but I looked at this vote as purely administrative to fix things that we have issues on. Steve, I don't disagree with many of your points. I don't know, I haven't decided whether or not there should be a Public Safety Commission. I look at tonight's vote simply being one in which we're voting to clear up some code issues. If we want to, I don't think on the 17th or in February we're going to decide as a group whether we create a Public Safety Commission. That probably is a longer conversation, so I voted against your recommendation simply because let's fix it. We can always put it back and get all of our code, instead of having a part of it, let's. We worked in a work session but I thought we agreed that we're going to do that. So I'm somewhat set back by this conversation because I thought we agreed at the work session we were going to approve it. Councilman Labatt: And I just saw it was in here to repeal it and I just thought that well we haven't even discussed whether we're going to repeal it or not. City Council Meeting - January 12, 2004 Councilman Peterson: We had discussed that at the work session. I don't recall whether you were there or not but that was, we talked about the fact that we can bring it back at any time so let's get our code straight and accurate so. Councilman Ayotte: But if we could articulate the fact and pose upon ourselves as a council that we can once and for all establish a plan. Mayor Furlong: To an action plan? Councilman Ayotte: An action plan for public safety so that we can discern our requirements and discern our resources and a plan to in fact meet those requirements. Maybe if we can in some fashion just make that a matter of public record. I guess I just did by saying it. And with the stipulation that if a Public Safety Commission is necessary, or other such bodies to help us along, I just don't like the idea of, I tend to agree with Steve. It sends the wrong message by not percolating up to the top that we have to address public safety, and this councilman intends to do so. By it stating the way it is, it sounds like they're just throwing the Public Safety Commission out as no option at all. Mayor Furlong: And Councilman Ayotte, ifI can address one of your points. I have said before, and I continue to say that public safety is one of the primary issues that this council or any council has to address. Now whether for us it's public safety at the city level, the state, the federal government, counties, they all have their issues. To me that is one of the primary issues. What we're talking about here and where I viewed it as well is that this item that we're considering with Chapter 2 is similar to all the other clean-up that we've done on all the other chapters throughout our code to try to get us, to get the code consistent with the way we're operating. As we talked about last week, and I spoke when I met with the city manager at our regular meeting last Tuesday, putting our discussion of public safety issues, trying to address some of the questions that we want answered, and what are the best mechanisms to use that. And correct me if I'm wrong, I think we pointed out one of the first meetings in March from a work session standpoint. We are going to be meeting, talking about all our strategic initiatives for a couple times in February. This council has never taken a position that we don't think public safety is important. I look at this as just an administrative work. Let's get our code cleaned up and let's deal with it as part of our strategic initiatives as I understood that we were going to be doing. So that's why I think let's pass it. If we decide at one of our work sessions that we want to put something in place, then we can put it in place in the code how we want it rather than leaving something in there that isn't right, and isn't perhaps what this council is looking for. Councilman Ayotte: Could I try something out on you? On you guys. Let me read something and see what you think of is. That part that says, as a part of this ordinance the Public Safety Commission is being repealed until such time as it deemed appropriate and necessary to re- establish such a commission based on defined need as defined by this council. Councilman Peterson: Is that in the staff report is what you're doing Bob? Councilman Labatt: Say it again? Mayor Furlong: I think that makes sense. City Council Meeting - January 12, 2004 Councilman Ayotte: I don't know if I can say that again. As a part of this ordinance the Public Safety Commission is being repealed until such time it is deemed appropriate and necessary to re- establish a commission based on a defined need as defined by this council. Councilman Peterson: I believe that. Kate Aanenson: Elliott can I just, it's Section 13 is the part that repeals the Public Safety Commission, if you're on the ordinance adopting sections so I'm assuming it'd be appropriate to put that in that section. That we're repealing that. We have an ordinance on (f). Elliott Knetsch: Well it depends what the council's preference. I mean that would be an amendment to the staff report as I understood it, which would reflect what the record was but it would not be an actual part of the ordinance as I understood what he said. And so Section 13 would stay the same. Mayor Furlong: So it shows the intent here, which addresses your concern Councilman Ayotte. We're not throwing public safety... Councilman Ayotte: Yeah...that we collectively work towards. Mayor Furlong: Absolutely. Okay. With that is there a motion to approve item l(f) as presented by the staff. With the staff report amended on the record. Councilman Peterson: So moved. Mayor Furlong: Is there a second? Councilman Lundquist: Second. Mayor Furlong: Any discussion? Councilman Peterson moved, Councilman Lundquist seconded to approve the amendment to Chapter 2 of the City Code, Administration as presented. All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS: None. PUBLIC HEARING: AMENDMENT TO CITY CODE CHAPTER 4 ESTABLISHING VARIOUS CITY FEES: A. SURFACE WATER MANAGEMENT FEES. Kate Aanenson: Thank you. As we indicated in here, we're reviewing the fees attached to storm water. We brought that proposal to you last year. We're looking at the cost of continuing the system as we talk about sewer and water construction. These fees are based on the plan that we have in place. Again that plan only checks out so far but we believe the numbers should be accurate as far as our cost and land cost as they are rising. We are recommending an increase as stated in the staff report and the ordinance you'd be adopting would be on the last page of the staff report. Again it's reflected, the fees are storm water fees are based on a land use designation. That's again our cost. If we had to buy the land or increase the size of a pond or 10 City Council Meeting - January 12, 2004 construct a pond ourselves, sharing the costs related to the pond. So with that we are recommending approval and I'd be happy to answer any questions you've got. Mayor Furlong: Thank you. Questions for staff. Councilman Lundquist: Question Kate or Todd. Developments, do we have any developments right now that are at the stage where they would be like through a preliminary plat or something like that or site plan that would be significantly impacted as we raise these rates? As the ordinance reads, they're effective immediately upon it's passage and publication. So I guess my concern is, do we have a developer out there that's going to get hit you know $50,000-$60,000 or something on a large scale development that might be impacted by this? Kate Aanenson: I don't believe so. Once it's got preliminary plat status, those fees generally are paid with the preliminary plat. It's typically our park and trail. Anybody else that's in the process, we'd advise them that they are, we did have people pull permits at the end of the year to finalize plats. I don't believe there's anything. Typically we try to advise them that the fees are changing at the end of the year. Councilman Lundquist: So there shouldn't be anybody that gets a big surprise? Kate Aanenson: No, because we did have some that finaled out in 2003 to avoid some of that, especially SAC fees and that sort of thing so I think we should be covered there. Councilman Lundquist: Okay, thanks. Mayor Furlong: Thank you. Any other questions for staff? Councilman Ayotte: Going to Councilman Lundquist's point a little bit further, is there a reason why we couldn't establish threshold to avoid a land developer being overwhelmed by. Todd Gerhardt: I would disagree with that. Then they're going to argue about the threshold date that you used too so it's a lose/lose situation. Most of the developers that we've talked to are aware of these. Kind of helped us with our building permit revenues at the end of the year that they wanted to get in prior to the increases so they're aware. We've been in touch with most of them that are pending to let them know. Councilman Ayotte: One other question Mayor? Mayor Furlong: Certainly. Councilman Ayotte: Now we as a community proudly have a preponderance of wetlands compared to other communities. So for us this would be, compared to other communities a much bigger revenue generator, true or false? Lori Haak: No, not necessarily. Councilman Ayotte: There's not necessarily a correlation? Lori Haak: No. Councilman Ayotte: Okay. 11 City Council Meeting - January 12, 2004 Kate Aanenson: This is the cost for building the infrastructure improvements. Ponding, piping. Mayor Furlong: I think the other point or clarification, if I understand from the staff report when the surface water management plan was first established it was the expectation that these fees would be adjusted annually, is that correct? I think Councilman Lundquist, this gets to your question a little bit. They haven't been so we've got to pick up and do a better job of looking at these on an annual basis. Nobody likes to raise fees on anybody, certainly up here. Kate Aanenson: And I think that came out as part of the Ehlers study that we need to be consistent. The first year, that would be the trigger date to go back and survey where we are with construction costs, and if we know that window again may be only out 5 years, that we're consistent, and to get us up to where we need to be, we said we'll be bringing back increases over the next coming years. Just as we're doing now, bringing it up to catch up to where we should be. Mayor Furlong: And this is the third of the three catch up years? Okay, so we'd be consistent with the last 2 years or council actions from the last 2 years? Okay. Thank you. Are there other questions for staff at this time? If not, this is a public hearing so I'll open it up for comments in front of the public hearing. Please come forward to the podium. State your name and address to address the council in this matter. If there's nobody that wishes to address this we'll close the public hearing. We'll close the public hearing then and bring it back to the council for comments or additional questions. Any comments? Questions? If not, is there a motion? Councilman Labatt: Move approval. Mayor Furlong: Thank you. Is there a second? Councilman Ayotte: Second. Mayor Furlong: Motion's been made and seconded. Any discussion on the motion? Councilman Labatt moved, Councilman Ayotte seconded that the City Council adopt the attached ordinance for Chapter 4 of the Chanhassen City Code to increase SWMP fees by 8.39% and approve the summary ordinance for publication purposes. All voted in favor and the motion carried unanimously with a vote of 5 to 0. B. PARK DEDICATION FEES. Mayor Furlong: Next item is the consideration of adoption, or amendment to Chapter 4 concerning park dedication fees. Staff report please. Mr. Hoffman. Todd Hoffman: Thank you Mayor Furlong, members of the council. Park dedication fees are based on the fact that new housing, commercial and industrial developments generate an increased demand for recreational offerings in a community. Chanhassen's standard for providing parkland that accommodates what we would call active play is 1 acre for every 75 residents that we have in our community. Establishment of the park fee rate is based upon actual raw land values. Land values in Chanhassen have risen steeply over the past 10 or 15 years. Current prices range from $70,000 to $100,000 plus per acre for all classes of undeveloped lands in our community. I utilize the value of $70,000 per acre in establishing my recommendation for the council. I'm not going to go through the calculations other than we'll get right down to the 12 City Council Meeting - January 12, 2004 bottom. On residential single family duplex units, that 1 new acre of land will cost a minimum of $70,000 which translates into a park dedication fee of $2,800 per unit or home. And how you arrive at that is that's $70,000 divided by those 25 unit homes. The $2,800 is a $400 increase over our 2003 park dedication fee of $2,400 per home. Multi family apartment units, generally you have fewer occupants per dwelling, which translates to a lesser impact on your park and recreational offerings so the fee is traditionally lower. Last year's fee was $2,000 per unit. The new equation with using the $70,000 arrives at a $2,200 per unit park dedication fee for anything over a duplex unit within our city. That would include multi-family apartment units. Commercial industrial are generally based upon a 10 percent of the land so for example if a 50 acre industrial park that would come in, either accept a 5 acre donation of parkland or the cash in lieu of the value of that property. Again if you use that $70,000, 10 percent of that is $7,000 per acre which is assessed against that commercial and industrial properties, and that is no change over the 2003 rates. Staff is recommending the City Council adopt the attached ordinance for Chapter 4 of the Chanhassen City Code and I'd be happy to answer any questions of the council. You do have a rate comparison study in the packet which is stapled to the paper and then also Justin Miller handed out a second comparison that has our key financial cities comparing to that. Again, the important thing to remember is based on land value so cities very similar to ourselves as far as land values, Edina, Eden Prairie, Plymouth, those cities are all in the $2,800 to $3,800 for example in Bloomington where their park fees are currently at. Maple Grove went to $3,000 per unit this year. Mayor Furlong: Thank you. Questions for staff. Councilman Ayotte: Todd, for us to get well in our PM programs and so forth, how far along will this revenue generation help us? Is it going to be enough? If it is, by how much? If it's not going to be enough, if not by how much? And certainly I'm not asking for specifics but what's your feel? Todd Hoffman: My feel is, what I don't want to do is leave any money out on the table that can be used for things like, as you referenced those maintenance items. If you take for example the 2005 MUSA area that's coming in, this single adjustment means about a million dollars. So for the city to utilize that million dollars for it's park and recreation needs is a very important step for it to take. So we're not talking small potatoes here. Councilman Ayotte: But that million dollars will proportionately build new versus maintain. Todd Hoffman: Build new. That's what these fees are for. They're to expand the capacity of your system. Councilman Ayotte: And I guess the reason I bring that point up. You know my consistent concern is that when we build new, we need to have a plan to sustain what we build for life cycle purposes, and I hope we've talked towards that and know how we're going to handle this million dollar improvement. Okay. Mayor Furlong: Okay, thank you. For clarification Mr. Hoffman, is the number that you represented in the 2005 MUSA going with these rates, is that the total generated off these rates or the incremental? Todd Hoffman: Just a quick calculation that I did upstairs after we talked about it. It's the incremental increase. It's based on the 1,800-2,000 units. 13 City Council Meeting - January 12, 2004 Mayor Furlong: Okay, thank you. Other questions for staff? No? If not, we'll bring it back to the council for discussion. Or actually this is a public hearing, so thank you for catching myself. I'll open up the public hearing now and invite anyone to come forward that wants to speak on this issue. Seeing none we'll close the public hearing and bring it back to council for discussion. Fellow council members, any discussion on this matter? Councilman Peterson: Motion to approve. Councilman Labatt: Second. Mayor Furlong: Thank you. Been made and seconded. Any discussion on the motion? Councilman Peterson moved, Councilman Labatt seconded to adopt the attached ordinance for Chapter 4 of the Chanhassen City Code. All voted in favor and the motion carried unanimously with a vote of 5 to 0. C. PROPERTY OWNERS LIST FOR DEVELOPMENT APPLICATION. Kate Aanenson: Thank you Mayor, members of the council. Again involving the code book as we've been advised by the attorney, all fees should be in Chapter 4 of the city code. This is a new fee. We have been using, charging for this and again evaluating the cost of delivering that service. There are other services that will provide names for application. For any application going before the Planning Commission or City Council we've been charging $1.50 a name. In reviewing outside sources which are charging 5, certainly that can't be our rationale basis. We have to go back and look at what our cost is. That has to be the nexus. In reviewing that we believe our cost is probably closer to $3.00 so with that we are recommending the adoption of a fee for providing mailing lists. That would be our cost of looking it up on the GIS. Creating the labels and putting those out, so we are recommending a $3.00 fee for charging. Typically we do about 30 names per application so is this a large fee? No, but it's probably obviously doubling about what we're doing right now so again it covers our cost so we are recommending approval of the ordinance for property owners list of $3.00 per property. Mayor Furlong: Thank you. Questions for staff. Hearing none, we'll proceed with the public hearing. We'll open up the public hearing and ask anyone to come forward that would like to speak to the council on this issue. Quiet group tonight. Nobody's interested in coming forward, we'll close the public hearing and bring it back to council for discussion. Any discussion on this matter. Councilman Labatt. Councilman Labatt: Kate, so you're saying there's approximately 30 labels. Kate Aanenson: Per application. Councilman Labatt: Per application? Kate Aanenson: Again we go further. The state law says 300 feet. Our ordinance we use 500 feet. If it's a lakeshore lot we do notify everybody on the lakeshore so, you know typically the people that use these are a homeowner that comes in that needs a variance. Some of the bigger developers use some of the outside sources. There's two available in the county here that would collect that but typically we offer this and that's frequently used is that the homeowner that wants to pursue an addition. 14 City Council Meeting - January 12, 2004 Councilman Labatt: And you're proposing $3.00 per label? Kate Aanenson: Right, again we evaluated what's our true cost and it's more than $1.50 yeah. Councilman Labatt: So is $3.00 more like it or is it more than $3.007 Kate Aanenson: No, we actually went through kind of a couple test samples of what a typical application is. What is the cost of the time, our labor, overhead of doing that and it's just under $3.00. Councilman Labatt: Okay. That's all I have. Mayor Furlong: That's fine, thank you. Other questions or discussion at this point? Councilman Lundquist: Motion to approve. Mayor Furlong: Thank you. Is there a second? Councilman Ayotte: Second. Mayor Furlong: Made and seconded. Any discussion on the motion? Councilman Lundquist moved, Councilman Ayotte seconded that the City Council adopt the attached ordinance for Chapter 4 of the Chanhassen City Code incorporating frees per property owners. All voted in favor and the motion carried unanimously with a vote of 5 to 0. PUBLIC HEARING: RECEIVE PUBLIC COMMENTS AND ANNUAL UPDATE~ NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM~ PHASE II MS4 PERMIT. Lori Haak: Thank you Mayor Furlong and council members. That's rolling off the tongue very nicely Mayor Furlong. As you mentioned it is the National Pollutant Discharge Elimination System annual report and by law we are required to have a public hearing, or receive public comment rather on our annual report and I wanted to take an opportunity to present you with a little bit of what staff has been working on for the past year as far as this permit goes. As you're aware in March of 19, or I'm sorry. I'm still in the last decade I guess. In March, 2003 the City of Chanhassen applied for a National Pollutant Discharge Elimination System permit from the Minnesota Pollution Control Agency. Over the past 10 months the city staff has begun to implement the best management practices that were included in this application and those best management practices cover 6 areas. The first is public education and outreach. The second is public participation and involvement. The third is elicit discharge elimination and detection. The fourth is construction site runoff control. The fifth is post construction runoff control, and sixth is pollution prevention and good housekeeping from municipal operations, which is where we take a look at what we're doing internally at the city as far as non-point source pollution is concerned. The current permit requires the city to submit an annual report by March l0th of 2004. Presently the annual report documents are not available from the Minnesota Pollution Control Agency, and that's why the motion at the end of the staff report is a little nebulous as far as the actual format and whether or not the mayor will need to sign that report document. The annual report will show the progress toward each obtaining the measurable goals for each best management practice. And a draft report detailing the city's accomplishments during 2003-2004 was attached 15 City Council Meeting - January 12, 2004 to your staff report. Input has been solicited from each city department about the progress towards the city's goals, and as I mentioned earlier the city needs to hold a public hearing or receive public comment on this. And real quickly I'd like to give a brief update on the progress we've made so far. Ask you to hold, receive that public comment and then adopt the motion. Real generally by way of highlights, I tried to keep this numeric and things that we could be proud of as a city. The first thing that came to mind was that Chanhassen residents made over 3,000 visits to the Carver County Environmental Center this year, and I think that's certainly commendable. Certainly with over 7,000 households, we can work on that number but those are things that could be paints and fertilizers, things like that that could be disposed of in other methods that they were taking to the environmental center so I think that's certainly a commendable thing and that will make it's way into the staff report. Actually just this Saturday the Boy Scouts, Scout Troop #377 I believe picked up Christmas trees, over 100 of those and took them to be hauled to be composted so certainly that's a good thing when trees are disposed of often on lakes and things like that and while people tend to believe that they provide fish habitat, they actually add quite a bit of nutrients to the aquatic system. This year I was also able to work with students from Chaska High School. I made a presentation about buffers around wetlands and lakeshores and things like that and then actually got well over 200 students out to Lake Susan to help me and some other staff members get that buffer installed in the park. Recently the storm water pollution prevention program was posted on the web site, and it's not real flashy yet or user friendly but that's certainly something that we can work on. We, as staff have also established a storm water hotline which will be implemented in the future. Actually it's debut was in the last Chanhassen Connection. The number 952-227-1351 and that's a line where people can listen to recorded messages about current storm water projects that are ongoing, as well as leave voicemails if they have concerns. People who are dumping leaves down storm sewers or we've had instances of cleaning out construction equipment over catch basins and those sorts of things, so that's one step in getting that implemented. Probably the most intensive operation we've undertaken is the inventory of storm water infrastructure within the city and currently we have three teams of 2 street department workers who are going out and inventorying all of the pipes, all of the catch basins and manholes and ponds and this is required by the permit. They're out there in the cold slugging around trying to figure out what exactly we have in the ground and making sure that everything is functional. And as you can imagine, this takes a lot of staff time and energy and that will be very useful to us as we proceed with implementation of this permit. And I guess the last thing that I'll mention is that through a contract with the Carver Soil and Water District, 104 inspections were conducted over 14 development sites in the city and that certainly is a step in the right direction. There are a lot of concerns that come with construction site, erosion and sediment control and we're beginning to make a dent in that through our operations with the soil and water district. They've been a great partner. And again, just if we could receive come public comment and then adopt a motion. Mayor Furlong: Thank you. Questions. For staff. Councilman Ayotte. Councilman Ayotte: Now you've had an order of merit in which you do things that you view as being more important than the other. Incidentally I love your titles of some of your articles, especially the one about scum. I liked that. Ways to reduce green pond scum. That's good but do you have a, besides what's written in here, I don't see a priority. Is there a priority? Lori Haak: Well certainly in this first year a large part of the priority was to just get a handle on what was going on, and really get a sense of how the departments can work together to implement these things and how we can get the word out to residents to, because education is such a huge part of this endeavor really. And a lot of what we've been doing actually is working with other cities and trying to assist each other. Bring each other through the learning curve together and so 16 City Council Meeting - January 12, 2004 there aren't priorities per se in a hard to find list but I do, the permit does spell out some deadlines for things like the storm water mapping for some of the inspections. Those are things that we have to, there's certain benchmarks that we have to meet on an annual basis. Councilman Ayotte: But based on our, irrespective of this requirement, based on the fact that we have 11 lakes. Based on the fact that we've had some issues that we've addressed just recently, is there a way, or have you talked about a way of using this tool. Still meet the requirements but using this tool to help ferret out our problems that are peculiar to us because of demographics. Lori Haak: Not yet. That's something we anticipate doing with the update of the surface water management plan, which will help us to meet some of these requirements but will also get us a more precise idea of where exactly we stand with all of our water resources. Mayor Furlong: Okay, other questions? Ms. Haak, one of the questions I have, and I'm not sure if it necessarily is in here but when we speak of best practices. To me best practices are evolving. They're not just solid. One of the big projects this past year was the work done on the storm pond at Lake Susan, and there were a lot of concerns raised at that time and I guess my question is, as we look at that and if this falls within here in terms of trying to do best practices as we manage that, do we bring anything away from that? Is that some of the issues that were raised there, what are we going to do better next time? Or if you want to address that, or how can we do something better to the extent that there were issues? And if you can address that. Lori Haak: Absolutely. I think with any major undertaking, and that hole in the ground was certainly a major undertaking, you do learn lessons and I think some of the things that we've learned as a staff are, you know certainly the project management. Some public education things. And some just preventative stuff that can be taken and certainly there are ways that you can improve the operations of the city and I think in addition to the Lake Susan project, one of the six areas that we have to touch on is the pollution prevention and good housekeeping, and I would say that because there were questions raised on that project, that we have definitely some areas that we can work on in that sixth area. So certainly we'll be looking inward as much as we're looking outward and again during the first few years it's going to be a little bit bumpy as far as the road goes in this implementation but we are aware of our internal struggle as a staff and as a city you know, even making sure that the council and the Planning Commission are aware of the things that are going on and keeping them up to speed. Mayor Furlong: Okay, thank you. Councilman Ayotte: Point of clarification. Mayor Furlong: Certainly. Councilman Ayotte: And this is probably directed more to Todd but we had talked about again the Lake Susan situation but procedurally the steps we take for plans and specs and how we fix liability. To the contractor so that it's clear. That would not necessarily live here would it, or would it? Todd Gerhardt: No. That would be as a part of the plans and spec stage for any of our projects, and we're working with Roger's office to make sure we have that language in there. Councilman Ayotte: Thanks. 17 City Council Meeting - January 12, 2004 Mayor Furlong: Okay, thank you. Any other questions for staff at this time? If not, I'll open up the public hearing. Invite anyone to come forward that would like to speak on this matter before the council. If there is none, then we'll go forward and close the public hearing and bring it back to council for comments. Councilman Peterson: Motion to approve. Mayor Furlong: For clarification you're approving staff's recommendation within the report? Councilman Peterson: That's affirmative. Mayor Furlong: Thank you. Is there a second? Councilman Lundquist: Second. Mayor Furlong: Been made and seconded. Is there any discussion on the motion? Councilman Peterson moved, Councilman Lundquist seconded that the City Council authorizes the Mayor to sign the City's NPDES Phase II MS4 General Permit annual report as compiled by staff and submit the report and all required materials to the Minnesota Pollution Control Agency by March 10, 2004. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Councilman Ayotte: And before you leave I've got to ask this question. Were we a part of a school project or something? Audience: Yeah. Councilman Ayotte: Yeah, okay. I just wanted to make sure. Mayor Furlong: They had to stay through item 3 on the agenda I think so. Thank you everyone for coming. COUNCIL PRESENTATIONS: PRESENT FINDINGS OF CITY MANAGER'S PERFORMANCE EVALUATION. Mayor Furlong: Per the agenda I would like to start out and make a statement consistent with our requirements. The City Council met in executive session on Monday, January 5th and again this evening discussing Mr. Gerhardt's performance and compensation as our city manager. Following is a summary of those discussions. Mr. Gerhardt has completed another year of excellent work for our city. He has accomplished his personal goals, along with coordinating and executing a number of key goals for the city, such as securing a buyer for the redevelopment of the bowling alley property, overseeing the completion of the new library and City Center Park, working with the council and his staff to achieve the goal of a zero percent budget and zero percent tax increase for 2004, working well with the council and his staff to achieve their respective goals. In consideration of his performance the City Council discussed increasing Mr. Gerhardt's total compensation in 2004 by 4.7 percent above that which he received in 2003. At this time I would like to ask that a motion be made so indicating the council's intent to increase Mr. Gerhardt's compensation for 2004 as I have presented. Councilman Peterson: So moved. 18 City Council Meeting - January 12, 2004 Mayor Furlong: Is there a second? Councilman Labatt: Second. Mayor Furlong: Any discussion on the motion? Councilman Peterson moved, Councilman Labatt seconded that the City Council approve increasing the City Manager's total compensation in 2004 by 4.7 percent above that which he received in 2003. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Furlong: The City Council is very proud to have Mr. Gerhardt as our city manager and we'd like to thank him for his continued service and commitment to the City of Chanhassen. Thank you. Mr. Gerhardt. Todd Gerhardt: Thank you. I'd just like to add a few words. I appreciate those kind words. Again my success is based on my staff and the City Council and thank you. Appreciate those kind words. Mayor Furlong: Thank you. Other items for council presentations this evening? Hearing none we'll move forward with administrative presentations. ADMINISTRATIVE PRESENTATIONS: None. CORRESPONDENCE DISCUSSION: None. Councilman Lundquist moved, Councilman Peterson seconded to adjourn the City Council meeting. All voted in favor and the motion carried. The meeting was adjourned at 8:08 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 19