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SUM 2004 02 23CHANHASSEN CITY COUNCIL REGULAR MEETING SUMMARY MINUTES FEBRUARY 23, 2004 Mayor Furlong called the work session to order at 5:40 p.m. COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilman Ayotte, Councilman Labatt, and Councilman Lundquist COUNCIL MEMBERS ABSENT: Councilman Peterson STAFF PRESENT: Todd Gerhardt, Roger Knutson, Justin Miller, Todd Hoffman, Kate Aanenson, Bob Generous, and Paul Oehme PUBLIC PRESENT FOR ALL ITEMS: Janet & Jerry Paulsen 7305 Laredo Drive PUBLIC ANNOUNCEMENTS: None. CONSENT AGENDA: Councilman Lundquist moved, Councilman Labatt seconded to approve the following consent agenda items pursuant to the City Manager's recommendations: Approval of Minutes: -City Council Work Session Minutes dated February 9, 2004 -City Council Summary & Verbatim Minutes dated February 9, 2004 Receive Commission Minutes: -Planning Commission Summary & Verbatim Minutes dated January 20, 2004 -Planning Commission Summary & Verbatim Minutes dated February 3, 2004 -Park and Recreation Commission Minutes dated January 27, 2004 Vasserman Ridge 3rd Addition: 1) Approval of Final Plat 2) Approval of Plans and Specifications and Development Contract c. Approval of Cost Benefit Analysis for Financial Software. d. Approve Certificate of Compliance, Bogema Addition. Resolution #2004-08: Approval of Resolution Authorizing Membership in the Hennepin County Chief' s Association and Approving an Agreement for Joint and Cooperative Use of Fire Personnel and Equipment. City Council Summary - February 23, 2004 f. Accept Quote for 2004 Boulevard Tree Planting. All voted in favor and the motion carried unanimously with a vote of 4 to 0. VISITOR PRESENTATIONS. Jerry Paulsen brought up issues relating to the amendments to Chapter 18 regarding Section 18-37, Exemptions. Does state statute really prohibit the city from putting some kind of filter or conditions on administrative subdivision? The other issue was with Section 18-61, landscaping and tree preservation. He asked that the city keep the 60 by 60 pad requirement to prove that the lot is large enough to accommodate a house, including setbacks and deck. LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE. Sergeant Jim Olson introduced Deputy Ken Brooks, who works the p.m. shift in the city of Chanhassen and provided his background information. He then reviewed the sheriff' s office area report, citation list, crime alerts, and community service officer report for the month of January. Councilman Lundquist asked Sergeant Olson to explain the increase in DWI's and suspicious activity. Councilman Ayotte asked about the time it takes to process DWI's. Mayor Furlong asked if the sheriff' s office sees any emerging trends that citizens need to be aware of. Randy Wahl, newly elected Second Assistant Fire Chief, provided some of his background information and presented the monthly review from the fire department. He outlined his long term goals for the fire department. Councilman Ayotte asked for clarification on costs associated with the Neighborhood Watch grant, and the auto extrication train to trainer program. Todd Gerhardt thanked the volunteer fire department for their great work. AUTHORIZE PREPARATION OF FEASIBILITY STUDY FOR SEWER~ WATER AND STREET IMPROVEMENTS~ 2005 MUSA AREA. Public Present: Name Address Mitch, Jill & Zachary Anderson 2853 Timberview Trail, Chaska Paul Oehme presented the staff report on this item recommending the City Council authorize Kimley-Horn to prepare the feasibility study. Since Kimley-Horn is the consultant working on Highway 212, Councilman Lundquist asked staff' s opinion of bringing in another consultant for this project to get a different perspective. Mayor Furlong asked for clarification on why staff solicited only two bids and if there was some overlap work between the 212 and 2005 MUSA area projects. Paul Oehme stated there's a lot of similarities and a lot of continuity staff wants to keep between the 212 project and this feasibility study. Council discussed the benefits of having another firm other than 2 City Council Summary - February 23, 2004 Kimley-Horn prepare the feasibility study. Paul Oehme stated as a compromise, the city could have a second consultant review the feasibility study. Resolution #2004-09: Councilman Labatt moved, Councilman Ayotte seconded to authorize preparation of a feasibility study for street and utility improvements within the 2005 MUSA area and to approve a consultant work order with Kimley- Horn & Associates in the amount of $43,300.00. All voted in favor and the motion carried unanimously with a vote of 4 to 0. CONSIDER APPROVAL OF AMENDMENT TO CHAPTER 18 OF CITY CODE~ SUBDIVISIONS; AND SUMMARY ORDINANCE FOR PUBLICATION PURPOSES. Bob Generous presented the staff report outlining changes recommended by staff and the Planning Commission, addressing specifically the issues brought up by Mr. Paulsen regarding administrative lot splits and the 60 by 60 house pad. Councilman Labatt asked for clarification regarding the requirement of 500 feet for public hearing notice. Councilman Ayotte and Councilman Labatt asked for clarification on the wording regarding sidewalks. Councilman Lundquist expressed his concern with Section 18- 61(d)(5) regarding trees and penalties for tree loss and asked to take another look at it and maybe some of the lot size calculations to see if staff can come up with something that's not quite so restrictive and over the top. Councilman Labatt explained his support for the $300 per diameter inch penalty. Mayor Furlong stated he was struggling with the penalty portion of the section. From a tree replacement policy, Chanhassen is demanding more out of developers than other cities already. He felt the ordinance should have discretion included for city council. Councilman Ayotte suggested building in a sliding scale based upon the degree of the violation. Councilman Lundquist moved, Councilman Labatt seconded to approve the amendments to Chapter 18 of the City Code, Subdivisions, with the exception of Section 18-61 and adding an extra "may" in Section 18-78(b)(5). All voted in favor and the motion carried unanimously with a vote of 4 to 0. Councilman Lundquist moved, Councilman Labatt seconded to approve the summary ordinance for publication purposes, amended to exclude Section 18-61 and adding an extra "may" in Section 18-78(b)(5). All voted in favor and the motion carried unanimously with a vote of 4 to 0. CONSIDER APPROVAL OF FARMER'S MARKET PROPOSAL IN CITY CENTER PARK. Public Present: Name Address David Boorsma 185 Arboretum Boulevard, Chaska City Council Summary - February 23, 2004 Todd Hoffman explained the recommended changes and additions to conditions. Councilman Lundquist moved, Councilman Labatt seconded to approve the Farmer's Market proposal in City Center Park with the following conditions: 1. All vendors shall be restricted to the area depicted on the site map. 2. No vendor shall be allowed within the right-of-way of Market Boulevard. Each vendor shall comply with all state and local regulations and provide proof of appropriate liability insurance. These documents or copies thereof shall be posted in a conspicuous location at each booth. Products shall be limited to produce and other food products, flowers and outdoor plant materials. A member of the farmer's market board shall be on the premises during weekly set-up, operation and take down of the market. The market shall provide it's own barricades to block off both the east and north access to the vending area parking lot. 7. The market shall provide it's own trash containers and pick-up. 8. Access to the library shall be maintained at all times. The City of Chanhassen and the Chanhassen Library shall be permitted at various times to display and sell various items pertinent to their operations. 10. The farmer's market board shall submit an annual report to the City Council at the close of each season. 11. The City retains the right to close the market for any reason at any time. 12. The farmer's market board shall obtain a $1,000,000 Comprehensive General Liability insurance policy naming the City of Chanhassen as an additional insured. 13. The farmer's market shall utilize the portable restrooms already on-site in City Center Park. 14. The farmer's market shall pay a $25.00 weekly fee to the City, payable in two installments. $200 payable prior to the first market day, and the remaining balance due at the conclusion of the market season. 4 City Council Summary - February 23, 2004 All voted in favor and the motion carried unanimously with a vote of 4 to 0. COUNCIL PRESENTATIONS. Councilman Lundquist attended the Daddy Daughter Date Night with his daughter and asked Todd Hoffman to thank his staff for the great job they did with the event. Mayor Furlong concurred with Councilman Lundquist, who was there with his daughter as well, and asked that the picture of the two of them doing the chicken dance with their daughters not end up on the web site. Councilman Labatt provided an update on the Carver County Sheriff' s contract meeting he and Todd Gerhardt attended. Councilman Ayotte asked about the length of the contract and if the actions of other cities will affect the sheriff' s contract with the City of Chanhassen. ADMINISTRATIVE PRESENTATIONS. Todd Gerhardt stated he had sent a letter March 11th and was waiting to hear back regarding the Chiropractic Relocation Claim. He will notify Councilman Labatt, Councilman Lundquist and Councilman Peterson when they get a response. CORRESPONDENCE DISCUSSION. None. Councilman Ayotte moved, Councilman Lundquist seconded to adjourn the meeting. All voted in favor and the motion carried. The City Council meeting was adjourned at 9:00 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim