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CC 2009 11 09 CHANHASSEN CITY COUNCIL REGULAR MEETING NOVEMBER 9, 2009 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 Litsey, Councilwoman Ernst, and Councilwoman Tjornhom COUNCIL MEMBERS ABSENT: Councilman McDonald STAFF PRESENT: Todd Gerhardt, Laurie Hokkanen, Paul Oehme, Kate Aanenson and Greg Sticha PUBLIC PRESENT: Ben Merriman 2025 Coulter Drive Jim Slattery 4430 Glacier, Plymouth Laura Hemken Student Brenna Foley Student Brian Kubisiak Student PUBLIC ANNOUNCEMENTS: Mayor Furlong: Thank you and welcome to everyone 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 would ask members of the council if there are any modifications or changes to the agenda that they’d like to see. Otherwise without objection we’ll proceed with the agenda as distributed. CONSENT AGENDA: Councilwoman Ernst moved, Councilman Litsey 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 October 26, 2009 Receive Commission Minutes: -Planning Commission Verbatim and Summary Minutes dated October 20, 2009 b. Approve Joint Fuel Purchase Agreement with MnDOT. Resolution #2009-76: c. Hill Street Drainage Project, SWMP 12-2009-02: Approve Plans & Specifications, Authorize Ad for Bids. City Council Meeting – November 9, 2009 Resolution #2009-77: d. Audubon Road Reconstruction/Widening Project 10-02: Authorize Preparation of Feasibility Study. Resolution #2009-78: e. Cheyenne Avenue and Pleasant View Road Drainage Improvements: Approve Quote. Resolution #2009-79: f. 5 Year Street Reconstruction Plan: Call for Public Hearing. Resolution #2009-80: g. Lift Station #24: Approve Quote for Pump Replacement. h. Chanhassen Public Works Building: Approve Location for Off-Premise Directional Signs. i. Approve Revised Financial Policy. k. Well #14 Project 10-13: Approve Consultant Contract. l. Approval of Changes to the Personnel Policy. Resolution #2009-81: m. Chanhassen Station: Receive Revised Feasibility Study; Call for Public Hearing. All voted in favor and the motion carried unanimously with a vote of 4 to 0. VISITOR PRESENTATIONS: None. PUBLIC HEARING: REQUEST FOR OFF-SALE INTOXICATING LIQUOR LICENSE, JBJ WINE HOLDINGS, LLC DBA HASKELL’S WINES & SPIRITS, 19900 TH WEST 78 STREET. Laurie Hokkanen: The request is for a Haskell’s Wines and Spirits as the Mayor stated. It is in a building that would be located on, north of Highway 5. The building has not been built yet. They would still need to go through the site plan approval process but they did want to start with the liquor license before going through the time and expense of that process. We have completed background checks on the 3 owners of the business. The results of those background checks are included in the report and a public hearing is required for this item. Mayor Furlong: Okay, thank you. Any questions for staff at this time? I’m assuming the applicant is here. Anybody from the applicant like to address the council on any matter? Ben Merriman: I have nothing to say really. Mayor Furlong: Okay. Any questions for the applicant at this time? Okay, very good. Let’s proceed. We’ll open the public hearing and invite all interested parties to come forward and address the council on this matter. Seeing no one, without objection we’ll close the public 2 City Council Meeting – November 9, 2009 hearing and bring it back to council for discussion and action. Any discussion or comments on the item before us this evening? The request. Councilwoman Tjornhom: Seems pretty straight forward Mayor. Mayor Furlong: I agree. And with that, would somebody like to make a recommendation, or a motion to the council? Councilwoman Tjornhom: I’ll make a motion. Mayor Furlong: Councilwoman Tjornhom. Councilwoman Tjornhom: Make a motion that the council, City Council approves, let’s see City Council’s approval of the off sale liquor license request by JBJ Wine Holdings LLC, Haskell’s Wines and Spirits. Approval of this license is contingent upon receipt of liquor liability insurance and the license fee. No license will be issued until the building has completed the planning process and a Certificate of Occupancy has been issued. Mayor Furlong: Very good, thank you. Is there a second? Councilwoman Ernst: Second. Mayor Furlong: Made and seconded. Any discussion on that motion? Hearing none we’ll proceed with the vote. Councilwoman Tjornhom moved, Councilwoman Ernst seconded that the City Council approve the off-sale liquor license requested by JBJ Wine Holdings, LLC dba Haskell’s Wines & Spirits. Approval of this license is contingent upon receipt of liquor liability insurance, and the license fee. No license will be issued until the building has completed the planning process and a certificate of occupancy has been issued. All voted in favor and the motion carried unanimously with a vote of 4 to 0. PUBLIC HEARING: THE ARBORS, PLANNING CASE 07-02: REQUEST FOR VACATION OF DRAINAGE AND UTILITY EASEMENTS, OUTLOT B. Paul Oehme: Thank you Mayor, City Council members. The vacation easement in question is located in the Arbors development which is north of Trunk Highway 5 and east of, north of Trunk Highway 5 and west of Trunk Highway 41 shown on this drawing here. The easement in question that the property owner’s requested to be vacated is shown in yellow here. As you may th recall at the last council meeting the other easements for this lot were vacated on October 12 so there are no utilities, private or public located within this easement and staff is recommending that the easement, drainage and utility easement be vacated at this time so. With that I’d request that a public hearing be open and I would stand for questions. Mayor Furlong: Thank you. Any questions for staff at this time? Mr. Oehme if I recall correctly when we dealt with the other property lines, one of the conditions on the approval of 3 City Council Meeting – November 9, 2009 the vacation was that the new easements on the new property line would be platted. Is that consistent? That’s a consistent request here? Paul Oehme: Yep. Mayor Furlong: Because these would be vacated contingent upon new easements being provided? Paul Oehme: That’s correct. Mayor Furlong: Okay, so when we do our motion that should be part of that, if it’s not already? Paul Oehme: Yes. Mayor Furlong: Okay, thank you. Any other questions for staff? Seeing none, we’ll proceed with the public hearing and at this time I would open up the public hearing on this item and invite all interested parties to come forward and address the council on this matter. Seeing no one, without objection we’ll close the public hearing and bring it back to council for discussion. Again this is a second time we’ve seen this. Fairly routine but certainly want to make sure there’s any time for discussion if people have. If there’s no discussion, would somebody like to make a motion? Councilwoman Ernst: I will. Mayor Furlong: Councilwoman Ernst. Councilwoman Ernst: I make a motion that we approve the vacated portion of the drainage and utility easement on Outlot B, the Arbors as shown on the survey prepared by Otto Associates dated September 1, 2009. Mayor Furlong: And that would be contingent upon new easements being received on the, from the plat? Yes. Thank you. Is there a second? Councilwoman Tjornhom: Second. Mayor Furlong: Made and seconded. Any discussion on the motion? It doesn’t but we did it last time. Hearing none let’s proceed with the vote. Resolution #2009-82:Councilwoman Ernst moved, Councilwoman Tjornhom seconded that the City Council move approval to vacate the drainage and utility easements on Outlot B, The Arbors as shown on the survey prepared by Otto Associates dated September 1, 2009, subject to the administrative subdivision and receipt of the new boundary line easements. All voted in favor and the motion carried unanimously with a vote of 4 to 0. COUNCIL PRESENTATIONS. 4 City Council Meeting – November 9, 2009 Mayor Furlong: Anyone that would like to address the council for presentations this evening? No? Last Thursday evening Mr. Gerhardt, Ms. Aanenson and I attended a presentation by Peter Bell. The Chair of the Metropolitan Council in Cologne. He came and met with elected and appointed officials in Carver County. It was a very good meeting. Well attended from across the county. Chairman Bell spoke about a variety of issues, including the comprehensive planning process, both across the region and with Carver County in particular. Of course our comprehensive plan was approved last year, in 2008 when they were all due. He also talked about the inflow and infiltration, both in this area and across the region, and that’s obviously an issue that we’ve been dealing with and our city engineer has been working with the Met Council on that issue directly so. Sanitary sewer funding was another issue and some of the issues and constraints that they’re seeing there as we heard in our work session tonight. They had the lack of growth is also affecting their funding sources and one of the things that Chairman Bell talked about was putting together a task force to look at what’s the proper way to balance out the usage fees and the hook-up fees. What we call hook-up fees or those fees charged to new development. And essentially they have a significant capital investment in their sewer system in the region and they were anticipating a certain number of units coming in and as those homes and businesses don’t come in at the same rate as planned, then they are trying to rebalance that so that is something that we will likely be, will be occurring going forward is this task force and he recognized that there will be differences of opinions from different municipalities on where to place that emphasis so, as we heard tonight when we talked about utility rate study, as Mr. Ruff from Ehlers talked about, we may see some changes there going forward as well. He also talked about transit issues. Not only with regard to the metro transit, which Met Council is responsible for but also to the suburban transit authorities. We obviously participate with Southwest Transit and as a member of Southwest Transit, along with Chaska and Eden Prairie and he talked about the dial a ride operations and how some of the, not necessarily from a funding standpoint but the way that the dial a ride service will be changed going forward is something that they’re looking at across the region as well. And then he talked about the regional park plans and, oh before I move on. Transit funding is going to be a significant issue and there will be constraints going forward. When they submitted their budget, or when they talked to legislature this last year they were looking at a $60 million dollar deficit in their budget and that had to be covered and the outlook for the State deficit is also grim going forward. I think we’re all going to hear details about that in the coming weeks. And so transit across the area is going to have significant funding constraints. They are bringing on the North Star Line in a couple of weeks. There’s the bus rapid transit routes that are under construction that will be coming on in the 35 corridor and the Cedar corridor. Cedar Avenue corridor and there’s other demands there as well so. I think he was kind of setting us all up that there’s a lot of funding constraints at their level and that those will have to be dealt with. And then he talked about the regional park plan that they have. They have some cooperative funding agreements and relationships that they’re developing there too. Continue to grow and expand and to improve the regional park system that we enjoy. Mr. Gerhardt, Ms. Aanenson, anything else that you picked up or any comments you’d like to make about that meeting? Kate Aanenson: You covered it. Todd Gerhardt: No, I think you covered it all. 5 City Council Meeting – November 9, 2009 Mayor Furlong: Okay. It was a good meeting and well attended. Some very good questions from the audience as well so. A lot of people that I should say, our council, our district representative on the council, Craig Peterson was there and there was just a number of people from the Met Council staff were there as well and able to ask questions. Very good. Mr. Gerhardt, administrative presentations. ADMINISTRATIVE PRESENTATIONS. Todd Gerhardt: The Mayor and I also attended another meeting about 10 hours after that one. Mayor Furlong: That’s true. Todd Gerhardt: With School District 112 Leaders Group and we had a nice, healthy discussion on diversification within the school district. You know they have quite a mix of languages that they have to deal with and I think it was around, wasn’t it 47? Mayor Furlong: 47, yes. Todd Gerhardt: Different languages that some of the kids speak down in School District 112. Their policy is anybody within the school district gets an education and so they have some fairly big hurdles to get over to understand and communicate with these students. I think it’s probably one of the most in depth conversations we had and how the school district handles that and their policy in working with those kids. I know Jackie Jensen? Mayor Furlong: Johnston. Todd Gerhardt: Johnston has done a lot of outreach to a different associations throughout the area. Rotary. Love Inc. Some of the churches to assist her in helping help these kids more than just in school. Outside of school and so it was interesting. I’ll share some information in our next admin section for you to review. That’s all I have. Mayor Furlong: Any questions for Mr. Gerhardt? One other thing, looking ahead on the th schedule. On Wednesday the 18 of this month I’ll be participating and presenting at the Chamber, Southwest Chamber of Commerce monthly meeting. The representatives, mayors and representatives from the other cities. Chaska, Carver, Victoria will be participating as well and giving kind of an overview of things that have been going on. Give people at the Chamber an update as to what we’re doing and some of the issues that we’re focusing on and some of the th accomplishments we’ve had this year. So that’s on Wednesday the 18. Coming up a week from this Wednesday. Any other questions for Mr. Gerhardt? If not, any comments on the correspondence packet? CORRESPONDENCE DISCUSSION. None. Mayor Furlong: I will say we have some students in the audience tonight. You picked a good meeting to come to. You get the full credit because you were here from beginning to the end. If you have any questions on anything we talked about tonight, it did go real fast, feel free to come 6 City Council Meeting – November 9, 2009 up and talk to us as well and there should be a pad of paper to sign in so that your attendance at this meeting is recorded in the minutes. If there’s nothing else to come before the council this evening, is there a motion to adjourn? Councilwoman Ernst moved, Councilwoman Tjornhom seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 4 to 0. The City Council meeting was adjourned at 7:15 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 7