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SUM 2005 09 12 CHANHASSEN CITY COUNCIL REGULAR MEETING SEPTEMBER 12, 2005 Mayor Furlong called the meeting to order at 7:00 p.m.. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilman Lundquist, Councilwoman Tjornhom, and Councilman Peterson COUNCIL MEMBERS ABSENT: Councilman Labatt STAFF PRESENT: Todd Gerhardt, Roger Knutson, Justin Miller, Paul Oehme, Todd Hoffman, Kate Aanenson, Lori Haak, Don Asleson, and Greg Sticha PUBLIC ANNOUNCEMENTS: Mayor Furlong added item number 5 under new business, a request regarding emergency sewer repair in the Curry Farms drainage way. CONSENT AGENDA:Councilman Peterson moved, Councilwoman Tjornhom seconded to approve the following consent agenda items pursuant to the City Manager’s recommendations: a. Approval of Minutes: -City Council Work Session Minutes dated August 22, 2005 -City Council Verbatim & Summary Minutes dated August 22, 2005 Receive Commission Minutes: -Planning Commission Verbatim & Summary Minutes dated August 2, 2005 -Planning Commission Work Session Summary Minutes dated August 16, 2005 -Park and Recreation Commission Verbatim & Summary Minutes dated August 23, 2005 Resolution#2005-72: b. Approval of Purchase Agreement for West Water Treatment Plant Property (Lake Harrison Development) and Accept Donation of Land. Resolution#2005-73: c. Resolution Approving the Use of the Southwest Regional Light Rail Transit Route as a Snowmobile Trail. Resolution#2005-74: d. Approve Plans & Specifications; Authorize Advertising for Bids for the 2005 MUSA Improvements, Phase I, Project No. 04-05. Resolution#2005-75: e. Approve Consultant Contract for 2006 Street Improvement Project No. 06-01. Resolution#2005-76: g. Resolution Decertifying Gateway Tax Increment Financing (TIF) District #6. City Council Summary – September 12, 2005 h. Approval of Cell Tower Lease Agreement with T-Mobile. All voted in favor and the motion carried unanimously with a vote of 4 to 0. VISITOR PRESENTATIONS: Tom Meier, 695 Pleasant View Road asked to speak on the McCord/Sanford Wetland Alteration Permit. Mayor Furlong invited him to speak when that item is discussed later on in the agenda. TH TROY AND VIRGINIA KAKACEK, 380 WEST 86 STREET, PLANNING CASE 05- 18: HARD COVER VARIANCE REQUEST FOR A SINGLE FAMILY HOME. Kate Aanenson presented the staff report and Planning Commission update on this item. Councilwoman Tjornhom asked if there are any pavers systems that staff knows of that can be used and not counted against the impervious surface coverage. Lori Haak stated at this time there is not. Councilman Lundquist asked for clarification of the dates on the surveys that were submitted for permits. Mayor Furlong asked if what was on the plans is what was actually built. Larry Martin, speaking on behalf of the applicants, provided historical background on this issue. Councilman Lundquist asked if the applicants had looked at purchasing land from adjacent property owners to bring them into compliance. After council discussion the following motion was made. Councilman Lundquist moved, Councilwoman Tjornhom seconded to table Planning Case th #05-18, hard cover variance request for Troy and Virginia Kakacek at 380 West 86 Street in order to give staff and the applicant time to explore alternative solutions. All voted in favor and the motion carried unanimously with a vote of 4 to 0. MARIANNE MCCORD & DAVID SANFORD, 6440 FOX PATH, PLANNING CASE 05- 22, WETLAND ALTERATION PERMIT TO CONSTRUCT A WALKWAY AND DOCK. Public Present: Name Address David Sanford 6440 Fox Path Michael P. & Debbie Haydock 6460 Fox Path Mary Hoffman 6470 Fox Path Tom & Sue Huberty 6450 Fox Path Terry Vogt 732 Lake Point Charles Brown 1439 Tennessee, Minneapolis Tom Meier 695 Pleasant View Road Lori Haak presented the staff report and Planning Commission update on this item. Mayor Furlong asked for clarification of the conservation easement. The applicant, David Sanford passed out a handout which provided background information on this request and asked that the City Council either approve their variance or refund the money because he felt they were misled by the city completely. Councilwoman Tjornhom asked for clarification on why Lots 8 and 9 2 City Council Summary – September 12, 2005 were not allowed dock rights. Lori Haak and Roger Knutson explained the research and negotiations that took place in the past. Mayor Furlong invited Mr. Meier to speak. Tom Meier, 695 Pleasant View Road provided background information on the establishment of the conservation easement, having lived and built a house on Lot 6 Fox Path in 1989. He showed pictures of the shoreline in question. After discussion the following motion was made. Councilman Peterson moved, Councilman Lundquist seconded that the City Council denies Wetland Alteration Permit #05-22 for a boardwalk across the wetland at 6440 Fox Path based upon the findings of fact in the staff report, amended to include item 9. Approval of the permit is prohibited by the conservation easement granted to the City. All voted in favor and the motion carried unanimously with a vote of 4 to 0. (The City Council took a short recess at this point.) PROPOSED 2006 BUDGET, APPROVAL/CERTIFICATION OF MAXIMUM PROPOSED LEVY TO THE CARVER COUNTY AUDITOR. Greg Sticha presented the staff report on this item. Mayor Furlong noted that during the next few months staff and council will be working together to review the assumptions in the proposed budget for next year and residents will have a chance to speak at the Truth in Taxation hearing th on December 5. Resolution#2005-77: Councilman Lundquist moved, Councilman Peterson seconded to approve the preliminary tax levy for 2006 as presented. All voted in favor and the motion carried unanimously with a vote of 4 to 0. EMERGENCY SEWER REPAIR AT CURRY FARMS DRAINAGE WAY, PW116C. Paul Oehme presented the staff report on this item. Mayor Furlong asked for an update on the status of the storm water project in this area. Councilman Lundquist asked what projects will not get done if the money is spent on this project. Resolution#2005-78: Councilman Peterson moved, Councilman Lundquist seconded that the City Council approve an expenditure of funds not to exceed $35,000 for emergency sewer repair and drainage way stabilization at the Curry Farms drainage way. All voted in favor and the motion carried unanimously with a vote of 4 to 0. COUNCIL PRESENTATIONS: Mayor Furlong asked the City Manager to update the council on events and progress that have been made since the storm a week ago. Councilman Peterson noted that after speaking with the Executive Director of Southwest Metro Transit, ridership is up and they will be going to the Metropolitan Council looking for approval to expand. Mayor th Furlong asked council members to mark Saturday, January 14 down on their calendars for a meeting with Carver County and cities within School District 112 to talk about emergency preparedness county wide. 3 City Council Summary – September 12, 2005 ADMINISTRATIVE PRESENTATIONS: Todd Gerhardt updated the council on a meeting th scheduled for November 4 where School District 112 leaders will be discussing AUAR updates with Chaska, Carver, Victoria and Chanhassen. CORRESPONDENCE PACKET. Mayor Furlong asked staff to summarize the progress of the storm water management plan update. Kate Aanenson congratulated Lori Haak for passing the test for her wetland delineation certification. Todd Gerhardt noted that the ground breaking ceremony for the water treatment plant will be held on Wednesday at 5:00 p.m. at the water treatment plant site. Councilman Lundquist moved, Councilwoman Tjornhom seconded to adjourn the meeting. All voted in favor and the motion carried. The City Council meeting was adjourned at 9:15 p.m.. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 4