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CC Minutes 09-10-12 CHANHASSEN CITY COUNCIL REGULAR MEETING SEPTEMBER 10, 2012 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 McDonald, Councilwoman Tjornhom, and Councilman Laufenburger COUNCIL MEMBERS ABSENT: Councilwoman Ernst STAFF PRESENT: Todd Gerhardt, Roger Knutson, Laurie Hokkanen, Kate Aanenson, Paul Oehme, and Greg Sticha PUBLIC PRESENT: nd Ed Schneider 410 West 82 Street Peter Moe 7161 Minnewashta Parkway J.R. Relick 425 Chan View Rollie Neve 7635 Nicholas Way Matt Winterer 2210 Melody Hill Kirk Pettis 2742 Piper Ridge Lane Mayor Furlong: Thank you and welcome to those here in the council chambers as well as those watching at home. We’re glad that you joined us this evening. At this time I’d like to ask members of the council if there are any changes to the agenda. The one request we did receive is item number 3 will be tabled to a future meeting. That request came on the part of the applicant so we’ll not be addressing item number 3. If anybody’s here this evening to discuss any factors there we will not be discussing anything relating to item number 3 this evening but absent any objections or comments from the council we’ll proceed with the agenda as published. PUBLIC ANNOUNCEMENTS: None. CONSENT AGENDA: Mayor Furlong: If there’s a desire for separate discussion, either by members of the council or members of the public present on items 1(a) through 1(i), I would ask that you let me know at this time. Sir, if you could come to the podium and state your name and address and which item you’re concerned about. Daniel White: Daniel White at 380 Deerfoot Trail and concerned about item (g). Mayor Furlong: Okay. Is Kate here? Okay. We’ll pull that off and bring that up. Is there a particular neighborhood that you’re referring to? Daniel White: Sunny Slope. Mayor Furlong: I’m looking for that one here. Thank you. Okay, why don’t we then, if it’s okay we’ll remove the request related to the amendment for Sunny Slope. We’ll bring that up under, do you have a quick question or is it an extended comments on that sir? Chanhassen City Council – September 10, 2012 Daniel White: It shouldn’t be extended. My request would be to continue, for the council to continue consideration of that specific item to allow the neighborhood, the individual residents to have an opportunity to meet and discuss with the Planning Commission. Mayor Furlong: Let me do this, let’s bring it up under new business and we’ll bring it up either after item number 4 so we’ll bring it up under 4(a). Daniel White: Thank you sir. Mayor Furlong: Thank you. That would be related to the request for Sunny Slope only. Without objection we’ll keep the remaining items under item 1(g) on the consent agenda. Is there any other items? If not, is there a motion to adopt items 1(a) through (i) excluding the Sunny Slope PUD portion of item 1(g). Councilwoman Tjornhom: So moved, Mayor Furlong: Is there a second? Councilman Laufenburger: Second. Councilwoman Tjornhom moved, Councilman McDonald seconded that the City Council approve the following consent agenda items pursuant to the City Manager’s recommendations: a. Approval of Minutes: -City Council Work Session Minutes dated August 27, 2012 -City Council Verbatim and Summary Minutes dated August 27, 2012 Receive Commission Minutes: -Planning Commission Verbatim and Summary Minutes dated August 21, 2012 Resolution #2012-44: b. Lyman Boulevard Improvement Project 10-08, Proposed Noise Walls: Approve Resolution. Resolution #2012-45: c. Approve Resolution Authorizing the City to Apply for and Accept a Grant from the Metropolitan Council for Inflow/Infiltration Related Projects. Resolution #2012-46: d. Approve Resolution Appointing Election Judges. e. Approve 2013/14 Joint Assessment Contract with Carver County. f. Approve Fourth Restated Joint Powers Agreement, Southwest Transit. g. Amend Planned Unit Development-Residential (PUD-R) Planning Case 2012-04-5 Hidden Valley and Rezoning from PUD-R to Single Family Residential (RSF), and approve the publication for summary ordinance. Approve ordinances rezoning the following Planned Unit Development-Residential (PUD-R) to Single Family Residential (RSF): Fox Chase, Orchard thnd Hills, Sunrise 4 Addition, Waldrips 2 Addition and Whitetail Ridge and adopt the attached Planning Commission Findings of Fact. h. Authorization to Distribute Comprehensive Plan Amendment (Functional Roadway Classifications) for Jurisdictional Review. 2 Chanhassen City Council – September 10, 2012 i. Approval of Temporary On-Sale Liquor Licenses for the German & Cana Dinners, St. Hubert Catholic Community, 8201 Main Street. All voted in favor and the motion carried unanimously with a vote of 4 to 0. VISITOR PRESENTATIONS: Matt Winterer: Good evening everybody. My name is Matt Winterer. I’m from 2210 Melody Hill. I should probably clarify that I am also running for City Council right now. My concern is with the city budget. The rise in the city budget has not been commensurate to a rise in services over the years. The taxpayers of Chanhassen have worked in an economy where they have seen wages frozen and hiring frozen. If the people of Chanhassen have to cut back then we should expect our city employees would do the same. Health care costs have gone up 50% over the last 3 years yet there’s no individual contribution required. Individual contributions are expected in the private sector. These days it’s very rare to see a private sector position that doesn’t have some form of mutual contribution. I actually have to pay for 100% of my own insurance. In an era where cities like Scranton, Pennsylvania are cutting city employee salaries to minimum wage to combat catastrophic coffer drainage, I would expect that it would be prudent for us to take the time to examine the budget further to make sure that we are making consideration for the future of Chanhassen and I would ask that instead of approving one of the three proposed budgets we would cut further in order to make sure that we can provide for the successful continuation of Chanhassen as a great city. Thank you. Mayor Furlong: Okay, thank you. Rollie Neve: Hi, my name is Rollie Neve at 7635 Nicholas Way and I’m here in opposition to the funding increase and I have petitions that have been circulated and I have copies of those petitions here. We’ve been doing this petition drive for about 2-3 days and it’s ongoing. We’ve got about 40 signatures right now and I’d like to read the petition for you. It’s a First Amendment petition to the Chanhassen City Council. By the citizens of the City of Chanhassen to vote no on increases in Chanhassen city spending and the petition reads, Whereas according to the Centure Research Report cited in the Star Tribute on th August 24 that incomes are down since the ’09 recovery and those in the 55 to 64 age group have declined by 9.7%. Whereas the unemployment rate in Carver County is 5.4% and whereas the people in the private sector have experienced salary cuts in this economic climate and frequently had to take lesser paying jobs, and whereas there is little optimism for an improved economy, and whereas it is generally reported that wages and benefits in the private sector are lower than they are in the public sector, and whereas retirement benefits in the public sector far exceed those in the private sector and whereas the 2013 Chanhassen budget as reported in the press calls for a 2% salary increase for city employees, and whereas spending would be lower than previous years without these increases, and whereas the City has granted wage increases to city employees every year for at least the last 6 years, and this could be maybe one year in there that they didn’t but there’s a consistent record of wage increases in the recent past. Whereas the Chanhassen budget calls for a 13% increase in health care benefits to city employees, and whereas it is fiscally irresponsible to authorize the above city employee increases in this economy. Now Therefore, we the undersigned citizens of the city of Chanhassen respectfully urge and direct the City Council of Chanhassen to vote for reduced spending, including a zero increase in wages and a zero increase in health care benefits for city employees in 2013. And I can leave these petitions with you if you want. That’s all I have. Mayor Furlong: Thank you Mr. Neve. 3 Chanhassen City Council — September 10, 2012 Surface Water Drainage and Treatment 1. While it does not appear that the site will exceed the maximum 70% hardcover as allowed by §20 -505, calculations must be provided. These calculations shall include the artificial turf areas. 2. The submittal shall indicate if there is an underdrain system for the artificial turf areas. If there is, show how this is connected to the public conveyance system. The applicant must also describe how this system prevents animal wastes from entering the storm sewer system. 3. The landscape plan calls out non -woven weed mat. This should be changed to reflect that the fabric must have a minimum permittivity of 0.7 sec-1 as described in ASTMD -4491 and an apparent opening size maximum of 0.25 mm. If this is not acceptable for the landscaping purposes, this area shall be calculated as hardcover for both planning and stormwater modeling purposes. Erosion and Sediment Control 1. The applicant shall provide the NPDES Permit number prior to commencement of earth disturbing activities. 2. The SWPPP shall be amended such that under Project Contacts, the City contact is Terry Jeffery, Water Resources Coordinator 952- 227 -1168 and Chip Hentges, Carver County SWCD, 952- 393 -1146 shall be added. 3. That portion of the SWPPP with the heading "Responsibility Requirements" shall be completed in full and submitted to the City and included in the on -site SWPPP prior to the commencement of earth disturbing activities. 4. Per Part III. A. 3 of the NPDES permit, a narrative describing the timing and placement of all erosion prevention and sediment control BMPs must be included in the SWPPP. All voted in favor and the motion carried unanimously with a vote of 4 to 0 CONSENT AGENDA: I(G). REOUEST TO AMEND THE SUNNY SLOPE PLANNED UNIT DEVELOPMENT - RESIDENTIAL (PUD -R) TO INCORPORATE UNIQUE DEVELOPMENT STANDARDS AND REFERENCE THE SINGLE FAMILY RESIDENTIAL (RSF) DISTRICT Mayor Furlong: At this time Mr. White, good evening. If you'd like to come forward and maybe ask your questions or request and then Ms. Aanenson maybe you can give us an update on what's been done and we'll see where we go so thank you again. Daniel White: Again what I'd request tonight is simply a continuance to allow an opportunity for the residents of Sunny Slope to communicate with the planning staff and to understand what is being proposed. 20 Chanhassen City Council — September 10, 2012 Mayor Furlong: Okay. And do you have any specific concerns or Ms. Aanenson, maybe you could give us a real short background on how we got here. To this point and what we're doing. Kate Aanenson: Sure. Did we speak on the phone? I've talked to somebody. Daniel White: We've communicated. Kate Aanenson: Pardon me? Daniel White: We've communicated Kate Aanenson: Okay. I did this one so I know a little bit more about it. This is on Lake Riley. Sunny Slope is a PUD that actually has 12 lots and they have a common area in the middle, a private street and they also have a beachlot so the underlying PUD, we did have a neighborhood meeting and we did have a public hearing at the Planning Commission. Clearly we haven't been effective in communicating what's going on so we'd be happy to meet with the residents. If they want to set up a meeting and then we'll just put this back on another agenda and make sure we work through the issues and make sure there's understanding on what we're doing. I think that's what we're missing there, if that makes sense. Mayor Furlong: Yep. Yep. That's fine. Any concerns about deferring this to a future council meeting? If not, is there a motion to table this item and request that staff meet with the residents. Councilman McDonald: So moved Mayor Furlong: Motion's been made. Is there a second? Councilwoman Tjornhom: Second. Mayor Furlong: Motion's been made and seconded to table this item and allow staff and residents time to meet. Councilman McDonald moved, Councilwoman Tjornhom seconded that the City Council table the request to amend the Sunny Slope Planned Unit Development - Residential (PUD -R) to incorporate unique development standards and reference the Single Family Residential (RSF) District and request staff meet with the residents in this neighborhood. All voted in favor and the motion carried unanimously with a vote of 4 to 0. PROPOSED 2013 BUDGET: RESOLUTION APPROVING /CERTIFYING MAXIMUM PROPOSED PRELIIMHNARY LEVY TO THE CARVER COUNTY AUDITOR. Mayor Furlong: I believe there's a presentation, is that correct? Greg Sticha: Good evening Mayor, City Council members. Before I go through my power point this evening, which goes into more detail on setting a preliminary levy for 2013 I just want to make a couple notes. Number one, when you set a preliminary levy in the State of Minnesota it means an amount that cannot be exceeded when you set a final levy in December. So the amount that you set this evening will be the high point of which our levy will be for 2013. You can only go down from this number when you set a final levy in December. And then secondly, the number that will be used for the Truth in Taxation statements that will be going out in mid - November will be based on the preliminary levy that you set this evening. First I just want to go over the budget calendar for the remaining portion of the year so people at home kind of know when their opportunities are to gain more information about the budget and budget 21