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SUM 2005 10 24 CHANHASSEN CITY COUNCIL REGULAR MEETING OCTOBER 24, 2005 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 Labatt, Councilwoman Tjornhom, Councilman Peterson and Councilman Lundquist STAFF PRESENT: Todd Gerhardt, Justin Miller, Roger Knutson, Kate Aanenson, Todd Hoffman and Greg Sticha PUBLIC PRESENT FOR ALL ITEMS: David Jansen Chanhassen Villager Debbie Lloyd 7302 Laredo Drive Caley Stalecker Chaska Student Stephanie Souvannakane Chaska Student Lauren McKee Chaska Student Nathan Lindberg Chaska Student Steve G. Chaska Student Hanna Schiller Chaska Student Brinn Pfeiffer Chaska Student Rachel M. Chaska Student PUBLIC ANNOUNCEMENTS: Mayor Furlong extended an invitation to the City’s th Halloween Party on Saturday, October 29 at the Chanhassen Rec Center from 5:30 to 7:30 p.m. and outlined the schedule of events. CONSENT AGENDA: Councilman Peterson moved, Councilman Labatt seconded to approve the following consent agenda pursuant to the City Manager’s recommendation: a. Approval of Minutes: -City Council Work Session Minutes dated October 10, 2005 -City Council Verbatim & Summary Minutes dated October 10, 2005 Receive Commission Minutes: -Park and Recreation Commission Verbatim & Summary Minutes dated September 27, 2005 b. Approval of 2006 Police Contract with the Carver County Sheriff’s Department. Resolution#2005-89: c. Approve Plans & Specifications; Authorize Advertisement of Bids for Well Nos. 10 and 11, Project 04-08A. City Council Summary – October 24, 2005 d. Accept $1,000 Donation from the Chanhassen Chamber of Commerce for Old Village Hall Plaza. Resolution#2005-90: e. Certification of Delinquent Utility Accounts. f. Accept $500 Donation from the Chanhassen American Legion Club Post 580 for Fire Prevention Week. All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS: Bryan Litsey, 650 Big Horn Drive clarified that the sheriff’s contract for 2006 was approved in the consent agenda and expressed concern that the council tabled this item at the previous meeting. LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE. Chief Gregg Geske presented an update on the fire department’s open house and noted that they will be recruiting fire fighters for the Minnewashta station. Sheriff Bud Olson thanked the City Council for approving the 2006 police contract and all the people involved in the process. AWARD OF BID FOR WATER REVENUE BONDS AND PARK REFUNDING BONDS. Greg Sticha introduced Mark Ruff and Bruce DeJong with Ehlers and Associates who presented the results of the bond sale. Councilman Peterson moved, Councilman Lundquist seconded to approve Resolution #2005-91: awarding the bid for the water revenue bonds Series 2005B to Legg-Mason- Wood-Walker in the amount of $5,465,000 and Resolution#2005-92: to award the bid for the park refunding bond Series 2005A to Piper Jaffrey and Company in the amount of $2,590,000. All voted in favor and the motion carried unanimously with a vote of 5 to 0. PUBLIC HEARING: CLAWSON BUSINESS ENTERPRISES, INC. dba WINESTYLES, 600 MARKET STREET STATION, SUITE 140, REQUEST FOR AN OFF-SALE LIQUOR LICENSE. Public Present: Name Address Tara Clawson 18909 Explorer Trail, Eden Prairie Cindy MacDonald 4210 W. Old Shakopee Road, Bloomington Justin Miller presented the staff report on this item and recommended approval. Mayor Furlong opened the public hearing. Cindy MacDonald, 4210 West Old Shakopee Road in Bloomington representing Kraus-Anderson and Market Street Station asked that the council approve this request. 2 City Council Summary – October 24, 2005 Councilman Labatt moved, Councilwoman Tjornhom seconded to close the public hearing. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The public hearing was closed. Councilman Lundquist moved, Councilwoman Tjornhom seconded to approve the off sale liquor license request by Clawson Business Enterprises, Inc., dba WineStyles contingent upon receipt of the liquor liability insurance certificate and license fee. The license will not be issued until a certificate of occupancy has been issued for the space. All voted in favor and the motion carried unanimously with a vote of 5 to 0. PUBLIC HEARING: ASSESSMENT HEARING FOR TH 212/312 IMPROVEMENT PROJECT NOS. 03-09, 04-05, AND 04-06. Public Present: Name Address Paul Bilotta Chanhassen Sever Peterson Eden Prairie John Chadwick Bloomington Shannon Cooney Eden Prairie Jon Horn St. Paul Shawn Siders Town and Country Homes Kevin Clark Town and Country Homes Rick Dorsey 1551 Lyman Boulevard Larry D. Martin 2707 Spy Glass, Chaska Jeff Fox 5270 Howards Point Road Jim Paulsen 8629 So. Fairway, Victoria Gayle & Lois Degler 1630 Lyman Boulevard Richard Palmter D.R. Horton Ron Mullenbach D.R. Horton Dan Herbst Pemtom Dan Cook Pemtom Gil & Margaret Laurent New Prague George St. Martin 9231 Audubon Road Paul Oehme presented the staff report on this item and introduced Jon Horn with Kimley-Horn and Associates who presented information on the scope of the project area, the assessment methodology, and information about the assessments in general. Mayor Furlong opened the public hearing after informing property owners they had until the close of the public hearing to file a written appeal. Larry Martin speaking on behalf of Jeffrey and Terri Fox, Fox Properties LP, Gilbert and Margaret Laurent, and Art Johnson stated he had submitted formal written objections to the Mayor and City Clerk. Rick Dorsey, 1551 Lyman Boulevard clarified that his property is in the ag preserve program, not green acres, and that he did not receive notification of the public hearing. He also submitted a written appeal. Roger Knutson noted that his property was not being assessed. 3 City Council Summary – October 24, 2005 Councilman Peterson moved, Councilman Lundquist seconded to close the public hearing. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The public hearing was closed. Councilman Lundquist moved, Councilwoman Tjornhom seconded that the City Council table the assessment hearing for TH 212/312 Improvement Project numbers 03-09, 04-05, and 04-06. All voted in favor and the motion carried unanimously with a vote of 5 to 0. PUBLIC HEARING: 2005 MUSA IMPROVEMENTS, PHASE I, PROJECT 04-05: ASSESSMENT HEARING AND AWARD OF CONTRACT. Public Present: Name Address Paul Bilotta Chanhassen Sever Peterson Eden Prairie John Chadwick Bloomington Shannon Cooney Eden Prairie Jon Horn St. Paul Shawn Siders Town and Country Homes Kevin Clark Town and Country Homes Rick Dorsey 1551 Lyman Boulevard Larry D. Martin 2707 Spy Glass, Chaska Jeff Fox 5270 Howards Point Road Jim Paulsen 8629 So. Fairway, Victoria Gayle & Lois Degler 1630 Lyman Boulevard Richard Palmter D.R. Horton Ron Mullenbach D.R. Horton Dan Herbst Pemtom Dan Cook Pemtom Gil & Margaret Laurent New Prague George St. Martin 9231 Audubon Road Paul Oehme introduced Jon Horn with Kimley-Horn and Associates who presented information on the scope of the project area, the assessment methodology, and information about the assessments in general. Mayor Furlong clarified that this is a multi-phase project and the only item being discussed at this meeting is Phase I. He opened the public hearing and informed residents that written appeals must be submitted prior to the close of the public hearing. Larry Martin incorporated by reference his comments made in the previous public hearing for the same clients. Rick Dorsey, 1551 Lyman Boulevard restated that his property is in the ag preserve program and by state statute cannot be assessed at this time nor assessments deferred from this time to a future date. Also that he did not receive any notice of the hearing and his written objection has been filed. Kevin Clark, Town and Country Homes, noting they represent one- third of the land being assessed, expressed support for moving forward with Phase I of the 4 City Council Summary – October 24, 2005 project. John Chadwick, representing the Peterson family parcel, expressed his support for the project. Sever Peterson who owns property at 1600 Pioneer Trail stated he was eager to proceed. Councilman Peterson moved, Councilman Lundquist seconded to close the public hearing. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The public hearing was closed. Councilman Lundquist moved, Councilman Labatt seconded that the City Council table the assessment hearing and award of contract for the 2005 MUSA improvements, Phase I, Project 04-05. All voted in favor and the motion carried unanimously with a vote of 5 to 0. COUNCIL PRESENTATIONS: None. ADMINISTRATIVE PRESENTATIONS: None. CORRESPONDENCE DISCUSSION. None. 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 8:10 p.m.. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 5