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SUM 2004 01 12CHANHASSEN CITY COUNCIL REGULAR MEETING SUMMARY MINUTES 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 Summary - January 12, 2004 PUBLIC ANNOUNCEMENTS: PRESENTATION OF MAPLE LEAF AWARDS: Mayor Furlong presented Maple Leaf awards and read a list of their accomplishments while serving on these commissions: Rod Franks, Park and Recreation Commission; James Bohn, Housing and Redevelopment Authority/Economic Development Authority; and Randy Herman, Southwest Metro Transit Commission. ORGANIZATIONAL ITEMS, me Official Newspaper: Councilman Peterson moved, Councilman Labatt seconded to appoint the Chanhassen Villager as the city's official newspaper. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Be Actin~ Mayor: 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. Ce Fire Chief: 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. De Health Officer: 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: approve the following recommendations: Councilman Ayotte moved, Councilman Lundquist seconded to consent agenda items pursuant to the City Manager's Approval of Minutes: -City Council Work Session Minutes dated December 8, 2003 -City Council Verbatim & Summary Minutes dated December 8, 2003 Receive Commission Minutes: -Planning Commission Summary & Verbatim Minutes dated December 2, 2003 -Park and Recreation Commission Summary & Verbatim Minutes dated December 16, 2003 Resolution #2004-01: Accept Street & Storm Sewer Improvements in Big Woods on Lotus Lake, Project 01-12. Resolution #2004-02: Accept Utility Improvements in Boyer on Lake Minnewashta Addition, Project 02-11. d. Resolution #2004-03: Approve Change Order for Well 9 Test Drilling Project 03-02. e. Resolution #2004-04: Approval of Change Order for Kings Road Pond Project. g. Approval of Amendment to City Code Concerning the Bluff Creek Overlay District. City Council Summary - January 12, 2004 Resolution #2004-05: 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. 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 suggested moving this item to the end of the agenda for discussion but Councilman Labatt stated his desire to discuss public safety while people are present. He stated his reasons for wanting to discuss public safety issues before taking action on this item. Mayor Furlong asked staff for a staff report. Kate Aanenson explained the reasoning behind the changes in the code. Councilman Peterson stated his recollection was that the City Council discussed during a work session the fact that this item can be brought back at any time so let's get the code straight and accurate now. Councilman Ayotte read a passage from the ordinance as clarification. 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 presented the staff report on the surface water management fees. Councilman Lundquist asked if there were any current applications that would be affected by passage of this amendment. Kate Aanenson said typically they try to advise anybody that fees can change at the end of each year. Mayor Furlong opened the public hearing. No one spoke and the public hearing was closed. 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. City Council Summary - January 12, 2004 B. PARK DEDICATION FEES. Todd Hoffman presented the staff update on this item. Councilman Ayotte asked staff for clarification on what these fees will be used for, and if they were adequate. Mayor Furlong opened the public hearing. No one spoke and the public hearing was closed. 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 presented the staff report on this item. Councilman Labatt asked staff to verify that $3.00 was enough to cover costs. Mayor Furlong opened the public hearing. No one spoke and the public hearing was closed. 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 presented the staff report and outlined a number of projects the city has accomplished this past year. Councilman Ayotte asked about priorities. Mayor Furlong asked staff to address the use of best management practices in managing projects. Mayor Furlong opened the public hearing. No one spoke and the public hearing was closed. 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. COUNCIL PRESENTATIONS: PRESENT FINDINGS OF CITY MANAGER'S PERFORMANCE EVALUATION. Mayor Furlong reviewed the two executive sessions held by City Council to discuss the City Manager's performance and evaluation. 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. ADMINISTRATIVE PRESENTATIONS: None. CORRESPONDENCE DISCUSSION: None. City Council Summary - January 12, 2004 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