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CC Minutes 07-14-2014 CHANHASSEN CITY COUNCIL REGULAR MEETING JULY 14, 2014 Mayor Furlong called the meeting to order at 7:05 p.m. The meeting was opened with the Pledge to the Flag which was led by Boy Scout Geoff Olson from Troop 330. COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilman Laufenburger, Councilwoman Ernst, Councilwoman Tjornhom, and Councilman McDonald STAFF PRESENT: Todd Gerhardt, Laurie Hokkanen, Paul Oehme, Kate Aanenson, Jerry Ruegemer, and Roger Knutson PUBLIC PRESENT: Chris Larus 7018 Dakota Circle Heidi Garcia 7018 Dakota Circle Larry Koch 471 Bighorn Drive Chris & Geoff Olson 402 Cimarron Circle Sharon McCotter 7000 Utica Lane Nate Herman, Sathre-Berquist 150 Broadway Avenue So, Wayzata Mayor Furlong: Thank you Geoff. Welcome. Welcome to everybody here this evening in the council chambers as well as those watching at home. We’re glad that you joined us this evening. At this time I would ask if there are any changes or modifications from members of the council. I understand Mr. Gerhardt that item H(1) is requested to be removed this evening. Is that correct? Todd Gerhardt: Yes, Mayor, council members. You should have a letter in front of you from Darlene Drachote requesting an additional period of time for their application. Mayor Furlong: Okay, thank you. Item H(1) will be removed and brought back at a subsequent council meeting then. At that point are there any changes or other modifications from members of the council with regards to tonight’s agenda? If not we’ll proceed with the agenda as published. PUBLIC ANNOUNCEMENTS: None. CONSENT AGENDA: Councilwoman Ernst moved, Councilman Laufenburger seconded to approve the following consent agenda items pursuant to the City Manager’s recommendations: 1. Approval of City Council Minutes dated June 23, 2014 2. Receive Planning Commission Minutes dated June 17, 2014 3. Westwood Church: Withdraw Request for Rezoning and Land Use Amendment Resolution #2014-46: 4. Approval of Resolution Appointing Election Judges and Establishing their Rates of Pay 5. Approve Repeal of Chapter 5, Article II, Division 5 of Chanhassen City Code, Dangerous and Potentially Dangerous Dogs Chanhassen City Council – July 14, 2014 Resolution #2014-47: 6. TH 101 MN River Flood Mitigation and CSAH 61 Trail Improvement Project No. 13-04: Approve Resolution and Agreement for DNR Trail Grant Funding 7. Approve Extension of Agreement to Allow an Auto Repair Garage on Property Zoned Planned Unit Development (PUD), 7900 Kerber Boulevard, Douglas Hansen All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS: Larry Koch: Good evening. Mayor Furlong: Good evening. Larry Koch: My name’s Larry Koch. I live at 471 Bighorn Drive here in Chanhassen and I’m here to bring an update regarding the proposed rules that the Riley-Purgatory-Bluff Creek Watershed District is nd proposing to pass and I sent a prior email describing what happened on July 2 which was the last meeting but just for the record. Over 125 citizens, both of Chanhassen and Eden Prairie showed up at that meeting and I don’t have the exact count but I believe it was over 20 people presented objections to the proposed rules particularly as they apply to single family residents and particularly buffer requirements and stormwater management requirements on existing single family units. On that basis. No vote was th taken but it’s my understanding that the rules may be the subject of the upcoming July 28 meeting of the Watershed. And that, although we don’t have a specific agenda we believe that will be the case and is my understanding at that point is the last opportunity for citizens and cities to on the record voice their objections should they believe that the passage of the rules is not appropriate for whatever reason. Maybe because they lack authority, which some people have indicated that they believe that the Watershed lacks authority to pass the rules because of the ordinances passed by the City of Chanhassen and Eden Prairie with respect to surface water management and shoreline management so they believe that under the statutes the watershed district no longer has that authority. In any event we believe that the rules, those rules as they apply to existing single family dwellings are inappropriate because they would basically appropriate for the benefit of the district and take away the use of up to 20 feet. Not up to, at least 20 feet of the shoreline, from the shoreline up to the home. Without any compensation. So just wanted to bring you up to speed on the current situation and encourage you to support Mr. Jeffrey’s letter objecting to and pointing out the problems with the rules and I think it would be appropriate. I don’t know your procedure, if you would send a letter in support of Mr. Jeffrey’s and have a representative of the City of th Chanhassen at that July 28 meeting to basically voice your concerns about the rules. As far as the cities are concerned I think the one of the issues I see is that the procedure, no procedure has really been laid out in any detail as to how these rules as they pertain to single family dwellings would be administered. It’s my understanding that one of the problems is, it could be an administrative nightmare for the City considering the fact that the City already has rules in effect that govern these two issues so just to summarize it, encourage the council to, if there is a way to express their and repeat the concerns over the rules. If appropriate having City Council to either confirm or state their position because if these rules, I’m told if these rules are adopted this will be basically the last opportunity to put on the record any legal or other objections to these rules should any party want to appeal the rules either to the District Court or the Soil and Water Conservation Board. And if you give me just a minute I want to check my notes here. I believe I’ve covered it all so thank you very much. Mayor Furlong: Okay. Thank you. Do you have a question? Councilwoman Ernst: Please Mr. Mayor. 2