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CC Minutes 2001 01 08CHANHASSEN CITY COUNCIL REGULAR MEETING JANUARY 08, 2001 OATHS OF OFFICE: Roger Knutson performed the Oaths of Office for Councilmember Robert Ayotte and Mayor Linda Jansen. Mayor Jansen called the City Council meeting to order at 6:40 p.m. The meeting was opened with the Pledge to the Flag. COUNCILMEMBERS PRESENT: Mayor Jansen, Councilman Labatt, Councilman Peterson, and Councilman Ayotte STAFF PRESENT: Scott Botcher, Roger Knutson, Todd Gerhardt, Kate Aanenson, Matt Saam, and Todd Hoffman Public Present: Name Address Colleen Dockendorf Deb Kind Uli Sacchet Roderick Franks Mary Labatt Patsy Bernhjelm Bill Jansen Carmen McMeen Leah Hawke Mike Mason Conrad Fiskness Bob Smithburg Doug Swanson Linda Landsman Deb Lloyd 2061 Oakwood Ridge 2351 Lukewood 7053 Highover Court South 8694 Mary Jane Circle Bent Bow Trail 9380 Kiowa Trail 240 Eastwood Court 9391 Foxford Road 7444 Moccasin Trail 829 Woodhill 8033 Cheyenne Avenue 8657 Chanhassen Hills Drive North 1780 Koehnen Circle 7329 Frontier Trail 7302 Laredo APPROVAL OF AGENDA: Councilman Labatt moved, Councilman Ayotte seconded to approve the agenda amended to include a Mayor's Address under public announcements. All voted in favor and the motion carried unanimously. PUBLIC ANNOUNCEMENT: Mayor Jansen: Under public announcements. I actually just have a couple of things that I wanted to share with everyone under a Mayor's Announcement. First of all, thanks to everyone for being here. While I was preparing for tonight's meeting and I read through the oath that you just heard us take and we've all now given, a few things had occurred to me that I think strike all of us as we sit and we serve our community. And I just wanted to share some of those things with the other council members and suggest that, to the community to know that we keep these things at heart as we're serving the community. I put together what I consider as an oath to the community of Chanhassen. As a representative of the people of City Council Meeting - January 8, 2001 Chanhassen I do solemnly swear to serve your collective best interests by exercising every responsibility of my position to the fullest with integrity, ethics, the utmost of respect, compassion and impartiality. My decisions will be reached on behalf of our community only after diligent review of the facts of each issue, consideration of input from all parties involved and without influence of personal bias or special interest pressure. I am accountable as a council member, and as your mayor, I am accountable and responsible to the people I serve. I will work to keep you informed and involved in the issues that affect your lives and your family's well being. I will actively listen to you and actively seek your opinions. All of my actions will be on your behalf. I will be ever mindful that I have been elected to serve through my ability to lead. The values and expectations of our community will determine my goals and objectives and will direct my vision, so help me God. Just a few things that I think we all in the course of serving as council people take to heart. Tonight marks the beginning of a new era of leadership in Chanhassen. As a result of last November's election the Chanhassen City Council welcomes the two new members to our team. Councilman Bob Ayotte and Councilman Craig Peterson, welcome. I am proud to be returning to the council as Chanhassen's Mayor and I look forward to serving with the continuing Councilman Steve Labatt. Working together with our professional staff and our community we can make this an era in Chanhassen history in which we achieve community goals through cooperation and through partnerships, establish sound financial policies to protect the long term financial health of the community and the viability of our community. Establish two way open communication between the City and the community we serve. We can increase public access to information and simplify city processes to facilitate public participation. We can improve our customer service and establish a work atmosphere where people are motivated to succeed, encouraged to excel and have an opportunity to use their creativity. I'm excited about the many opportunities ahead for Chanhassen and I'm confident that we can turn our challenges into positive accomplishments. There are many things that we're faced with that this council will be discussing over the next couple of weeks as far as the strategic plan and initiatives that we'll go forward with as the 2001 council and I encourage the community to participate, communicate with us. Let us know what your goals, what your objectives are and share with us as we go through setting our priorities. Some of the initiatives that we will be discussing will be easing the tax burden on our residents by implementing an employee incentive program to achieve reductions in the city's expenses and identify areas where we can achieve cost efficiencies. We must part practicing sound financial policies. We will continue to work on the new Chanhassen library. Hopefully breaking ground as soon as possible. And we will initiate a community survey to poll our residents on service needs and issues of concern that will help us guide the Chanhassen strategic plan. We also will have a conversation about organizing a community housing forum so our residents can be informed about, review and comment on Chanhassen's current housing goals. The vision that I shared with you for Chanhassen that I still feel in my heart is where we're going, is that Chanhassen is a community with a small town character, comforts and safety and we're going to balance that with urban modernization and convenience. Working together we can achieve our goals and build a strong, vital community we are all proud to call home. Thank you. ORGANIZATIONAL ITEMS: Mayor Jansen: Councilmembers, let's begin. First item is the organizational items. Staff recommendation please. Scott Botcher: Staff recommendations included in my memo dated January 3,2001. As referenced in the work session, there were no questions from council members at that point. You could really absent the Acting Mayor portion, which I identified as item 1 (d), you could take these all as one motion and then take 1 (d) separately or you could take them each individually if you'd like. City Council Meeting - January 8, 2001 Mayor Jansen: Councilmembers, shall we made a motion for items 1 a, b, c, e, f and g. Councilman Ayotte: Yes. I second that. Mayor Jansen moved, Councilman Ayotte seconded to approve the organizational items as follows: a. Adopt the Rules of Procedure with no changes. b. Appoint the Chanhassen Villager as the Official Newspaper. c. Appoint the firm of Campbell Knutson as the City Attorney. e. Weed Inspector, no action is needed. Mayor Jansen is the Weed Inspector. f. Appoint John Wolff of the Chanhassen Fire Department as Fire Chief. g. Appoint Dr. Dave McCollum as the City Health Officer. All voted in favor and the motion carried unanimously. Mayor Jansen: The item that we did not approve is the Acting Mayor. Let me just read, the Council should select one of it's members to serve as Acting Mayor in the absence of the Mayor. This individual, besides running the council meetings and/or standing in for the Mayor in other instances in her absence, is also used on occasion by city staff to execute documents again in the absence of the Mayor. So if I might have a nomination. Councilman Ayotte: Well I nominate Steve Labatt because he's been around the longest, outside of you. I have to ask your availability in terms of being able to break free during the day and so on. Councilman Labatt: During what? Councilman Ayotte: During the day? Councilman Labatt: All I have to do is wake up. Councilman Ayotte: We can wake you up? Councilman Labatt: But does that disqualify you or not? Councilman Ayotte: I'm sure as heck not going to try to wake him up but if anybody else wants to. Mayor Jansen: May I have a second? Councilman Peterson: I second. Councilman Ayotte moved, Councilman Peterson seconded to appoint Steve Labatt as Acting Mayor. All voted in favor and the motion carried unanimously. City Council Meeting - January 8, 2001 CONSENT AGENDA: Councilman Peterson moved, Councilman Ayotte seconded to approve the following Consent Agenda items pursuant to the City Manager's recommendations: a. Approval of Certificate of Compliance - Oaks of Minnewashta, Project 94-14. Resolution #2001-01: Accept Street and Storm Drainage Improvements in Chanhassen Lakes Business Park 7th and 8th Additions, Project Nos. 99-11 and 99-14. Approve Construction Plans and Specifications for Chapel Hill Sanitary Sewer Realignment - Project No. 00-07. Approve Revision to Consultant Services Contract for BC-7 and BC-8 Trunk Utilities - Project No. 00-07. e. Approval of Bills. Approval of Minutes: City Council Minutes dated December 11, 2000; December 18, 2000 and December 27, 2000 as amended. Receive Commission Minutes: Planning Commission Minutes dated December 5, 2000; and Park and Recreation Commission Minutes dated November 28, 2000 and December 12, 2000. Resolution #2001-02: Authorize Preparation of Feasibility Study for Century Boulevard (Noah of Coulter Boulevard and South of Trunk Highway 5), Street and Utility Improvements - Project No. 91-7C. Approval of One Day Beer License, Chanhassen Lions Club, February Festival. All voted in favor and the motion carried unanimously. VISITOR PRESENTATIONS: CHANHASSEN SNOWMOBILE CLUB UPDATE; LEROY BITELER AND SCOTT TRUEMPI. LeRoy Biteler: LeRoy Biteler, 910 Penamint Court, Chanhassen, Minnesota. Thank you for the opportunity here this evening and I didn't realize that it was the swearing in of the council. Timing is appropriate. Mayor Jansen: Welcome. LeRoy Biteler: Along with we finally have snow on the ground for the first time for a number of years. 3 years to be, in my opinion anyway. Basically I just want to give the council an update I guess of where we've been and where we're trying to go and what we're trying to accomplish. The Chanhassen Snowmobile Club started back in about 1970, from the records that we can find. That's 30 years. We meet once a month. Second Tuesday of every month. Myself, I've been a member of the Snowmobile Club for about 17 years. Been fairly instrumental in keeping our trail system alive in Chanhassen. I am also past President of the club. The club is a, what we have a grant and aid trail system funded by the DNR. That means that any work that we do on the trail system we have some funding appropriated to us through the DNR. The Chanhassen Snowmobile Club is a member of the Southwest Trail system, which City Council Meeting - January 8, 2001 encompasses five snowmobile clubs. Chanhassen, Westonka, South Tonka, Chaska, and Carver County Snow Runners. The Southwest Trail Association is the umbrella association of our locality here. They groom the trails. They receive the funding from the DNR and make the appropriate appropriations of those funds to maintain the groomer and maintain our trail system. The Southwest Trail Association also covers all the landowners that we cross our trail on of which they have given us permission to cross their land. A one million dollar liability coverage. We are also members of MINN USA. Minnesota United Snowmobilers Association. That's the State organization. Our club is responsible for marking and signing and removing the signs on the trail system at the beginning of the year and at the end of the year. The Chanhassen Snowmobile Club has helped Chaska. Their club provides training for kids. We've assisted with that training to get our kids in the right form of mind so that they know the rules and regulations. We've provided assistance in the past to public safety with names and phone numbers so that if Chanhassen does have a problem and a huge snowfall and they need some assistance from someone with a snowmobile, we've given them some names and numbers in the past. We haven't done it for about 3 years. We haven't had the conditions. There was a time when a couple of us were assisting the Chanhassen Public Safety out on Highway 17 on a real icy, snowy snowfall. We've provided games for kids at the Oktoberfest when Oktoberfest did exist. We've made some donations to the winter fest for those activities. We've tried to partake in some of those winter fest activities. However, it seems as though we're always, it's our time of year and it's tough to get a group together to actually participate in that particular activity. Our objective is basically to keep a trail system so that we have a route out of town. To get west out of town so that we can connect to many other trail systems that link our trail system. Basically a path out. We're not looking to run around the streets or run around the parks or the lakes. We just want to get out of town and link up with other trails. We want to and we have in the past provided the city contacts for assistance if they have need for problem areas that they get phone calls on. We've assisted the city with that kind of help. Other than that just some of you being new on the council, we kind of wanted to bring you up to date. We realize that the city is growing leaps and bounds and it's been a challenge year after year. We just keep doing the best we can and try to keep the complaints down. Todd has been very helpful when it comes to complaints. He's talked to us and we've gone out and talked to many landowners. Tried to take care of their problems by resigning different situations. It seems as though there's always a couple in the community that keep pounding on us but we don't know where to go with some of them. We do the best we can. That's all I have. If you guys have any questions, I'd be happy to try to answer them. Mayor Jansen: Okay. Councilmen, any questions? Councilman Ayotte: With the snowfall being as limited as it's been, I would suspect that your interface and relationship with Carver County Sheriff's Department has not been as much because you haven't had as much activity. Is that a true statement? LeRoy Biteler: That is correct. Councilman Ayotte: Okay. Do you see a need especially to diminish the concerns and complaints and because we've got traffic issues growing, to have a little bit more interaction with Carver County Sheriff's and has there been any discussion in your organization to do that? LeRoy Biteler: Well I take that from what we've done in the past and not immediately this year yet. We have had communication with Carver County. We have also had Carver County out on our trail system with some of our members and two of their machines helping them patrol the trails and keeping people on the trails instead of off the trails. So we have had some communication in the past but not immediately this season. City Council Meeting - January 8, 2001 Councilman Ayotte: Is there anything that the council could do to maybe enhance that opportunity to generate more interaction and since there's at least a lot of snow now and maybe next year, that there be more activity involvement with Carver County? LeRoy Biteler: We're certainly welcome to do that. We'd be excited to do that again. We could take that upon our behalf to make contacts with them also as we've done in the past. More than willing to do that. Mayor Jansen: Very good. Councilman Labatt, anything? Councilman Labatt: The grant and aid trails. Do you have a map of where those are in Chanhassen? LeRoy Biteler: I sure do. Councilman Labatt: Do you have it with you? LeRoy Biteler: I have one map with me. That's all I could come up with this evening. More than happy to give it to you. Also have some of the rules and regulations that might be of value to you guys as well. Our membership roster right now for '99, last season was about 52 members. That goes up and down depending on the snowfall. Councilman Labatt: So and you groom just the grant and aid trails or do you groom all the trails? LeRoy Biteler: Just the grant and aid trails. That's the only trails that we have right now in our community between here and Victoria. All the way out to Watertown. Councilman Labatt: So the trail running up along 41, is that your trail? LeRoy Biteler: Yes it is. Councilman Labatt: Okay. And then that goes through the comer of 5 and 41 and then continues east along 5 ? LeRoy Biteler: That's correct. Councilman Labatt: Where does that trail begin then? LeRoy Biteler: It would begin out here on Lake Ann really. Or along 5. You start seeing trail markings in Lake Ann. And also along Highway 5 right here at 5 and Powers Boulevard. Councilman Labatt: So any of the trails up and down say Powers or Audubon are just. LeRoy Biteler: That's the way to get, we've got to get from your home where your sled is to the trail system and that's the rules and regulations in Chanhassen is you can get from your house, basically on the street. However Powers Boulevard has a nice ditch so that's the route to the trail system. Councilman Labatt: That's all. City Council Meeting - January 8, 2001 Mayor Jansen: Okay. Well we sure appreciate your coming in and sharing the information with us on your club. Appreciate all the effort that you do go to keeping your trails groomed and working with the residents and their complaints. LeRoy Biteler: Thank you and don't hesitate to contact us because we know that the growth is going to be that much more difficult year after year to keep things on the straight and narrow. Mayor Jansen: Well thank you. Scott Botcher: Todd, do we have copies of this? Todd Hoffman: We've got some copies upstairs. Mayor Jansen: Is there anyone else who would like to speak with the council? Any issues during visitor presentation? Seeing none we'll move on. DISCUSSION/DIRECTION REGARDING VACANCIES ON THE CITY COUNCIL, PLANNING COMMISSION AND SOUTHWEST METRO TRANSIT. Scott Botcher: We have, as the Mayor said, we have vacancies on all three of these bodies. I guess I'll take the, what I consider to be the simplest one first. You all should have a memo of mine dated January 3rd. In it I didn't really touch on Southwest Metro Transit. Pursuant to a council action in December we have advertised for individuals interested in Southwest Metro Transit. To date we have received no letters of inquiry, no applications, no response from the community. So I guess I would recommend the same thing I recommended in December. That is to reappoint Randy to his position on the Southwest Metro Transit, so that's sort of the first issue. The second issue is that we do have Planning Commission vacancy that was created primarily by Craig joining the council. And then we have a council seat vacancy created when Linda moved up to the Mayor's position. And in my memo I laid out sort of your options. On the council vacancy you do have the right to appoint a citizen to fill the seat. We as a council, this is the first time we've sat together. We haven't really had this discussion. My recommendation is probably two fold. First, my position is similar to what I said I believe in November and that is that I think it's in the city's best interest to fill the seat as quickly as possible. I think it's in all of our best interest to have a full council. Secondly, I think that the council would be well served to perform what I had identified as a public solicitation process to see what kind of, what level of interest there is in the community to serve, both on the council and on the Planning Commission. Those are sort of my thoughts on both those positions. I also attached Resolution #95-34A which was passed in 1995. In February of '95. It identified the process by which the City Council should fill commission vacancies. This obviously would apply to the Planning Commission vacancy and not to the common council vacancy. Again I don't have, as I indicated in my memo, I don't have a large problem with the resolution. I do however consider it to be somewhat micro in it's approach to filling seats. We have in the past not had a large enough response to some of our vacancies for us to comply with item number 3 wherein it identifies that whatever commission is doing the interviewing shall recommend to the council their selection for the vacancy plus 2 additional candidates. That infers that each commission then will recommend to you all at least 3 candidates for each individual vacancy. We just frankly haven't had that kind of response to any of the vacancies and so technically the council hasn't necessarily been complying with Resolution #95-34A. I just bring that to your attention. If the council desires to amend that resolution, simply... I'm really just looking for some direction from you all. Staff recommendation bottom line is that you re-appoint Randy to the Southwest Metro and identify some sort of public solicitation for both Planning Commission and council vacancies and as I indicated in City Council Meeting - January 8, 2001 my meeting with the Mayor earlier, this process can move along rather quickly. I think that if you allow I don't know, 2 weeks. Maybe 3 weeks maximum for people to respond. We could move ahead with interviews at the council level easily within a month and get this seat filled. Mayor Jansen: Okay, thank you. There was one phone call that I received after the Southwest Metro Transit ad had run. There was a posted deadline which we are now beyond. However this gentleman was traveling so the first opportunity that he would have had to have had a direct communication with myself, and I'm the council representative on the Southwest Metro Transit so he was looking to just get some input and feedback on the position and what's entailed. I would lean towards maybe pushing our appointment off to the next council meeting depending on how comfortable everyone is with that to at least allow the applicant an opportunity to explore the possibility of the position. We of course also have Randy who has offered to continue on the commission but I just throw that out as additional information since the staff memo was drafted. If maybe we want to speak to each one of these individually. Comments on Southwest Metro Commission. Councilman Peterson: I think it's reasonable that we wait if we've got a candidate. We don't have them that often so let's pursue it. Mayor Jansen: Okay. Councilman Ayotte: One of the questions I have, and I don't know if it's appropriate and since I'm the youngest member of the council and I've never been the youngest in anything so I want to take advantage of that. Would it be appropriate to ask Melissa Gillman a question because she's a public servant if you will, as she's with the Villager. Why aren't we getting, I saw what we had in the paper and there wasn't much pizzaz to it as far as I'm concerned. Is there anything that we can do to maybe educate the public on the opportunity and what they can get out of participating in something like this rather than always throwing our hands up and saying well you know, we didn't get anybody again. And the same with the commissions. Is there anything that we can do to get the word out? Multimedia approach or educate the community at large. Recruit. Mayor Jansen: I think it's a good point as far as how visible we actually make these commissions and the positions that are open. There is a great deal to be said for the people who have participated with the process previously. Residents involved in issues do become more aware of the commissions and typically that is where we get a lot of our applicants are from people who have participated so a great deal of word of mouth. I have considered once we do approach the re-appointment date which is April and May for the commissions. Right now these two are happening off season if you would from the majority of the appointments due to Mr. Peterson being appointed to, or elected to council. And Southwest Metro is just on a different cycle since it's not a city commission but at the time the other seats do come up for re- appointment, I would like to consider writing a commentary into the paper so that we at least do identify to the community in one more piece versus it just being a news item or news brief in the newspaper to give it a little bit more attention. But I think anything that we can do to speak to the community certainly will get more attention to the commission. Councilman Ayotte: With regard to the statute and the rules and so forth, is there anything limiting us on active recruitment? What we can and cannot do. Roger Knutson: No. You can do anything you think is appropriate. City Council Meeting - January 8, 2001 Mayor Jansen: And as far as the Southwest Metro, Councilman Ayotte at this point, waiting in order to give the next applicant an opportunity to speak to it and move it off to the next meeting? Councilman Ayotte: Oh absolutely. Yes ma'am. Mayor Jansen: Okay. Same question Councilman Labatt. Okay. We'll push the Southwest Metro off to the next meeting, if you'll put it on that agenda. Scott Botcher: Just have that person contact us then. Mayor Jansen: Yep. I'm meeting with him tomorrow morning so I'll make sure I have an application with me. Then moving onto the Planning Commission vacancy. At this point Mr. Botcher, do we have the two ads now scheduled to run as far as the dates? Scott Botcher: Kate's gone. Yes. Yep. She worked with Vicki after you were in and got those scheduled. I don't know the dates but I can get those. Mayor Jansen: I think as of the time that this was drafted we may have assumed that the ads had actually run and at this point there has been no notification even in the Villager of the open position on the Planning Commission so I do think that has a great deal to do with no applicants at this point so. Councilman Ayotte: Can we have some sort of a write up though that would explain, unlike the Southwest Transit. Something that would, I was using the Southwest Transit as an example. Job description. Whatever to spice it up a tad. Scott Botcher: Well I guess in theory we can run whatever ad you're willing to pay for. And secondly I guess we can run whatever ad they're willing to write for free. And Melissa, she understands that and we can go and do a whole you know, nice full page ad but, we could do that. I don't know, and it's really, if you want to spend some bucks on a nice panel ad we can do that. Councilman Ayotte: I like the later idea about getting the Villager to cough up a few bucks. Scott Botcher: But at the same time it's not our job to pressure them to write whatever they don't want to write. I mean that's, they're separate and apart from us. Mayor Jansen: And in our last round of interviews we did have several applicants as far as. Scott Botcher: No, I don't want to make it sound like we've just got to beg people to come in here but I'm just suggesting to you that what the resolution says has at times been difficult to meet. That's all I'm saying because I'm unaware of where we've had a vacancy where we've had nobody. I don't think that happened. I'm just suggesting you got this on the record. I mean this is on the books and we've all sat, Steve and Linda and I have all sat through these interviews and you know that you know for some of these commissioners we've had 2 and 3 vacancies. We have not had 6 and 9 candidates for single commissions. I mean that hasn't happened so that's the only reason I bring that up Bob. But certainly, if we could get more interest and more participation in any of the committees, even the ones that are going to come up in April, that would be great. City Council Meeting - January 8, 2001 Mayor Jansen: Okay. So we'll wait and see how the applications come in then on that Planning Commission position. And as far as the resolution I wondered, let me just throw this out for the council to kick around. On the resolution, point 3, what Mr. Botcher is referring to the 4 vacancies plus 2 additional candidates. Could we just add after that, if available. Councilman Peterson: I've always been a proponent of that so, I thought it was kind of ridiculous that we wait and we wait. We've had openings on the Planning Commission for months because of that clause and it's just not realistic. Mayor Jansen: So if available would answer that problem? Scott Botcher: So to amend that Roger we need to come back with a resolution amending the resolution in two weeks? Roger Knutson: That'd be appropriate. Scott Botcher: Okay. Mayor Jansen: Okay. Everyone comfortable with that? Councilman Labatt: Yes. Mayor Jansen: Okay. Then onto the City Council vacancy. As Scott mentioned we have not as a council discussed how we're going to handle the process. If we can maybe come up with an agreement as to how we proceed from here. The accepting of the applications. The advertising. I guess my initial suggestion to throw out for discussion would be that we follow similar guidelines to what we now have in place on the commissions. We each have a copy of the commission application. If the ads were to run in the Villager for 2 weeks and that's with the assumption that the Villager would be able to possibly hit this as an issue even as early as this Thursday. We could have something run on the 11th and the 18th of this month so that we've got at least 2 weeks worth of notification out to the public soliciting applications. If we're all comfortable with the application for the commissions, having that be the application then that the applicants are filling out for us. I was then looking at the calendar and possibly would suggest, I don't know if you all have calendars with you. Suggest closing the application date on January 24th, which is a Wednesday. That would allow for applications then to be sent out to councilmembers by the end of that week, be it the 25th or the 26th. I have no idea what we might be anticipating as far as applicants, as far as numbers. Councilman Ayotte: Open for discussion? Mayor Jansen: Certainly. Councilman Ayotte: One of the things that I would suspect a resident may want to know is what is he or she getting themselves into with respect to the, it's the period of performance is 2 years until the next election and what do we do to provide definition to the residents so they know what kind of mine field they're going into? I mean we've got to give some parameters, some ideas of what it's all about. Doing that, is 24th of January sufficient time because you've got to put an announcement out. People have got to feel comfortable about what it's all about, then make application. Do we do some sort of an announcement as to what it's all about? 10 City Council Meeting - January 8, 2001 Mayor Jansen: As far as what it's all about, I'm assuming yourself having looked into the council positions and what we do, staff obviously is usually a contact point. Ourselves will be a contact point from people wanting to know what the specifics are. Are you wanting a checklist of sorts as to? Councilman Ayotte: I'm wondering if there's some sort of description that should be, that would be appropriate to say these are the parameters by which an individual serves in a council position for a given period of time when appointed. Is there anything that we should specify in the newspaper or just allow them to go ahead and ask questions and let it go at that? Mayor Jansen: Any comments? Scott Botcher: Roger and I were just discussing here. The state statute, like a lot of legalese is fairly dry and almost incomprehensible at points, but I think that the League Handbook has a couple pages that I recall and I haven't looked at it for a while but I think we could pull out and identify sort of the duties and obligations of a council person. That would not obviously be specific to Chanhassen. It wouldn't say must become a TIF expert in 3 days, but it would identify you know, certain obligations that council members have. Financial obligations. Planning obligations. Mayor Jansen: And how frequently we may meet. Scott Botcher: Sure. And that sort of stuffI think is digestible enough by a lay person who's not participated, that it would make some sense. That to me is the best spot to get it. And it is also available on the web. Councilman Ayotte: I just want to communicate to the community what it's all about. If you've got something like that, why not. Mayor Jansen: Okay. Councilman Peterson: No, I think it's reasonable. I think I am of a bias towards getting more applications in and culling through the applicants and their desires and their backgrounds versus trying to do that in the advertising process so let's get resumes in and.., from there. Mayor Jansen: Okay. Are you comfortable with the 24th as a possible deadline? Councilman Peterson: Yes. Mayor Jansen: Okay. Councilman Labatt: Is that the people have their applications and resumes in? Mayor Jansen: Yes. Councilman Labatt: And then would the city, then staff be able to, already the next council meeting then is the 22nd SO it's before then so we're not meeting for 2 weeks. Mayor Jansen: Correct. 11 City Council Meeting - January 8, 2001 Councilman Labatt: So then what do you have, staff photocopy off the application packets and have them delivered? Mayor Jansen: Have the packets delivered to us. If council would be willing to meet in a work session or council meeting, whichever format you'd like to consider. We've got that Monday the 29th, which is not a scheduled council meeting, where we could come together having reviewed the applications and do a ranking of the candidates and a discussion of the candidates at that time. Councilman Labatt: I wonder, let's say staff gets them out to us on that Friday. I don't know if that's going to be. Scott Botcher: Well we could mm it the next day. Todd brought up a good point, and I think it's something worth considering. That would get it published in the paper, and I haven't checked his math Melissa but he says it'd only get published once if we ran a special ad and I don't know if that's right or not. So if multiplicity in advertising in the local paper is an issue, the 24th does restrict that somewhat apparently and I haven't pulled a calendar out. Mayor Jansen: Okay. Scott Botcher: So for whatever that's worth. Mayor Jansen: So we'd need the 18th and the 25th to have it advertised? Scott Botcher: Yeah. Todd Gerhardt: If you need it twice. The deadline was Friday for ads. Last Friday. For this Thursday. So we're not going to get in until next Thursday which I think is the 16th. Mayor Jansen: 18th. Todd Gerhardt: 18th. And then the next one's the 25th. If you're closing on the 24th so. Mayor Jansen: Okay. So it pushes out a week. So then applications could close then the following Wednesday the 31st. And where I'm going with the dates, so I'm clear, is realizing that we then are going to have at least one more council meeting, if not two, without the full compliment of council people, and I know that staff would like to have the fifth person in as soon as possible. So now we would probably have to shoot for the 26th council meeting to have the fifth person in place. So applications close on the 31st. Staff could mm them around and have them copied to us on the 1st of February. Depending on how much time council wants to be able to look through those, it's still not a council meeting on the 5th. We could come together on the 5th. Councilman Peterson: I'll throw it back as an alternative. I think, I don't know how really necessary it is to advertise twice. I mean in reading the internet today, that the Villager is putting an article in the paper about the process. At least as noted in the internet, and this has been a pretty discussed topic over the last 3 months, I can't fathom that we need to advertise it twice so I think we may be giving ourselves, pushing ourselves too far out than necessary I guess. 12 City Council Meeting - January 8, 2001 Councilman Ayotte: How adverse is it to staff Mr. Botcher, to push out another week? Todd Gerhardt: I was just making the point that you're only get it in the paper once... Mayor Jansen: In ad form. Scott Botcher: I think that the issue for us is that, and Linda touched on this in her message. We have some significant issues to address, especially these issues are compounded by the fact that we really have a new council and a new administration and new direction and I know that you all want to start moving on, and I think to do that you want to have your full compliment. We want to deal with the strategic plan. We want to deal with... Councilman Ayotte: Enough said. Scott Botcher: So is it going to be the end of the world if we have to have the fifth person come on the end of February? No. It may, you know it may give the Mayor some pause as to when she puts things on the agenda. I mean like the strategic plan you may end up, you're going to want all five for that. It's not the end of the world. Sooner would be better but you want to do it right. I mean you'd rather do it right than do it too quickly. Councilman Peterson: That raises another question. How have we done it in the past if we've ever had to do it in the past? Scott Botcher: Obviously since I've been here there's been no vacancy on the council. Todd Gerhardt: Not in 14 years. Councilman Peterson: It'd be interesting to know. Scott Botcher: I mean I've had the experienced not in Chanhassen and frankly it took us about a month. I mean we would advertise. It was more along the lines of what you had said Craig. I mean it was an issue where a gentleman was, I mean a couple gentlemen at different times were moving out of the city. Paper announced it. Joe Blow resigned and they're moving out of the city. Council is seeking applications. Sought applications. Staff turned around in about a day. Frankly from the council's point of view, it doesn't take a whole heck of a lot of time to read the applications because there's just not a lot of meat there. You know you meet the person. Who do you like? And they did the interviews. Appointed who they liked and they were down the road. So I think, I mean Linda's schedule is certainly doable but there's just different philosophies on how many times you want to advertise in the paper. Councilman Labatt: So Craig you said that, is there something, an article for this Thursday? Councilman Peterson: The article, the notation on the internet said that they're going to have an article about the selection process for new council member so. Councilman Labatt: Can you confirm that Melissa? Well I just wonder for, I mean if, with an article and if there's an ad going in, if that's just going to be enough. 13 City Council Meeting - January 8, 2001 Councilman Peterson: I think the article's going to be much more visible than an ad anyway so, I mean let's get realistic. Councilman Labatt: Yeah. I mean I can go with you know if there's an article on the 11th and an ad on the 18th and we close on the 24th and we meet on the 29th. Mayor Jansen: 29th. Because then the next round of discussions is when we conduct the interviews and how quickly and whether we can do those in a day or two. Whether it's at the end of that week, depending on everyone's schedules. The end of that week or the beginning of the next week. We conceivably then have the fifth council person in place by the 12th for the first meeting in February. We're liking the sound of that? Councilman Labatt: So we're going to do interviews on the 5th, is that what you said? Mayor Jansen: Well, depending on the schedules we could do them Thursday the 1st or Monday the 5th if you want to stay with Mondays for consistency. And we could also check with the applicants and those that would be interviewed. Councilman Ayotte: Either is good for me but I've got to voice my comment in public here. I'm not so concerned about me liking the person as much as that we have a criteria or a standard or some mechanism by which we consider who's going to be serving this community. I'm a little bit more worried about that than the schedule, with all due respect. What is the mechanism that we're going to employ to evaluate? This is a pretty big deal. Mayor Jansen: I guess my first suggestion would be that it will be in the course of the questions that we would ask in the interviews that you could draw out some of those criteria. That each of us, and we can always have the discussion, realize the issues covered by council and the things that we will be discussing and what we think the strengths are that people can bring to the council as far as serving the community. And I think over the course of an interview process you could establish whether someone meets that criteria that you think is important. Councilman Ayotte: I'm trying to figure out how I could find out from the community on what their view is as what is being important so I'm wrestling with that. I don't know if I'm going to be calling folks at random or knocking on doors but I'd like to find out too what (a), community's intent is and I think we have to consider some sort of standardization in our review process so there's some consistency from one candidate to the other. Are we going to interview interview? I mean are we going to talk to these folks? Mayor Jansen: Yes. Yes. Scott Botcher: As far as the standardization from candidate to candidate, you could do what we've done internally and that is we have a set of issues, a set of questions, a set of concerns that we work from and you could start with finance questions. You could move onto a planning and zoning question. You can move onto issues of representation. More a conceptual sense because I think that as you know, you know when you ask questions they beget other questions and no question tree is identical, which is okay. But so long as you hit the same concept, same issues with each candidate, that largely frames up that consistency from candidate to candidate. 14 City Council Meeting - January 8, 2001 Mayor Jansen: When we conducted the city manager interviews we did have a set of questions that we all agreed upon in order to draw out some of the information that we were looking for so it was the same set of questions asked of each of the candidates. So we could put together a pool of questions that we could discuss then. Councilman Ayotte: That'd make me more comfortable but. Mayor Jansen: Certainly. Actually that would be the lines that I would suggest going along. Councilman Labatt: Yeah. Mayor Jansen: Comfortable? Councilman Peterson: Sure. Councilman Labatt: So could I, so we're on for closing the 24th now, correct? Mayor Jansen: Yes. Closing the 24th. Receiving on the 25th. Then reviewing those on the 29th. Councilman Labatt: You mean in here in a meeting? A special meeting? Mayor Jansen: Or a work session. Councilman Ayotte: And then the interview itself would be, when we talk to them would be when? Mayor Jansen: And there we might want to check their availability at the time we're setting up the interviews and give a little flexibility as to whether it's the 1st or the 5th. Councilman Ayotte: Okay. Scott Botcher: So on the 29th then the candidates will not be present? It will just be you all discussing it? Mayor Jansen: Correct. Councilman Labatt: What time, 5:30? Mayor Jansen: Probably. Scott Botcher: And then the actual candidates will be here like that first Monday? Is that what you're thinking? The 4th, 5th, whatever that is? Mayor Jansen: Yes, the 5th. Council comfortable with my opening this up for public comment? It's not a public hearing but if any public would like to make comment. Councilman Peterson: Certainly. Mayor Jansen: If there's any public that would like to make comment on the process that we just discussed, if you'd come forward to the podium and state your name and address for the record. 15 City Council Meeting - January 8, 2001 Willard Johnson: Willard Johnson, 1660 West 63rd Street, Chanhassen. In the past you've taken the next person in line to fill the vacancy of the Mayor. That's been done before. Because I've been in this city 50 some years and I have more time in this city than the whole council sitting up there. Mayor Jansen: That is actually the process that we did follow and the precedent that we followed for filling the vacancy that was left available at the end of the year. Willard Johnson: They appointed the next highest person voted in by the public. Mayor Jansen: And we appointed Councilman Peterson to that open seat. This is the first time that there has been an opening on this council from a council member being elected to Mayor. Willard Johnson: No there has not. Mr. Klingelhutz was appointed mayor when his term come in and they took the next highest person to fill his position. Mayor Jansen: Okay. I was not aware of that history. At this point of course all candidates are welcome to submit their applications with the rest of the applicants, thank you. Any other comments? Colleen Dockendorf: Colleen Dockendorf, 2061 Oakwood Ridge. I'm just wondering is this going to be a private interviews or open to the public or have you decided on how that's going to be handled? Are you going to handle them typically like you do commission interviews? Or are there any requirements? Roger Knutson: There are under the open meeting laws, City Council doesn't do anything, virtually nothing in private. They'll be open to the public. Mayor Jansen: The whole process will be open to the public as far as being available for people to sit in on any of the interviews. Thank you for asking. Anyone else? Okay, we'll close public comment and at this point are we clear on the dates and process? Councilman Labatt: So the 29th, 5:30. Mayor Jansen: Yep. Councilman Labatt: Then we're meeting in a work session to review the applicant's applications... Mayor Jansen: And then we can discuss. Councilman Labatt: Are we meeting on 2/1 or 2/5 to do interviews? Scott Botcher: I've got 2/5. Mayor Jansen: Okay. We can determine that then. Councilman Labatt: If we want to keep both dates, depending on the amount of applicants. Both those dates work out great for me so. Mayor Jansen: Okay. Keep them open. 16 City Council Meeting - January 8, 2001 Scott Botcher: I'm just thinking out loud on my head. 31 days in January? Okay, just the 3 day notification for the meeting. If you pick the 1st, we've got to get posted right away then. Just for what it's worth... I just want to have it posted for the public. Meet the open meeting law. Mayor Jansen: Okay, moving on. COUNCIL PRESENTATIONS: Councilman Labatt: The only thing I wanted to comment on is the letter we got about Jerry Ruegemer. Receiving a meritorious award from the Minnesota Park and Rec. I think as a council we should congratulate him. Mayor Jansen: Agreed. Thanks for bringing that up. ADMINISTRATIVE PRESENTATIONS: Scott Botcher: I just have two quick things. First of all the Lake Ann building is allegedly under construction. I haven't physically been out there. I have not been out there to see it. I was informed that they're moving dirt and they're doing the grading and that's under way. We did sell the certificates. The money is invested and so we're earning interest on that at this point but that is under construction. Secondly, just as a reminder and I know the Mayor touched on it earlier. We are having a meeting on Thursday at 5:30 interviewing the three design firm candidates for the construction of the new library. It will be in here. It will be, I don't want to denigrate it's formality but I think that it's going to be designed to be not stuffy. You know informal. We want to get the information out of the firms. I have had a couple citizens call me today and just ask me broad questions, and I haven't talked to Linda about this so I'm sort of catching her blind but if it was a public hearing and I said no, it's not a public hearing we'd, the audience doesn't, you know if we have 150 people here, 60 people packed in. Each one doesn't have a chance to ask questions for the council to ask questions. So that's what I told them so if people ask you, certainly you can gather their questions, which is what I told them. I said if you have specific questions contact your council member and they'd be more than happy to ask on your behalf but I just want to make sure everyone understands that because we are on, when Linda and I set the time line, we've identified 45 minutes for each firm. They have the latitude to divide the 45 minutes as they see fit. We sort of suggested 20-25 minutes for presentation on their behalf and then the balance of the time to be left for Q and A from the council's perspective. Obviously they can do whatever they want within that 45 minutes but we do sort of need to stick to the time table as you know and so if citizens have questions, they should get them to anyone of these folks before Thursday and then please come and attend if you'd like. I think it's an exciting time and it's going to be a lot of work but it's going to be a lot of fun I think. And that's all I have. Mayor Jansen: Great. Anything else under correspondence from the correspondence packet? Councilman Peterson: I have a couple questions for Scott or whomever. Where are we at with going live for the meetings? Scott Botcher: Go ahead Todd. 17 City Council Meeting - January 8, 2001 Todd Gerhardt: We're waiting for one part. MediaCom has ordered a part to bring the cable into the building. Right now it's sitting outside our, right outside the library window so it will come through conduit, across the ceiling and we can hook up. The equipment is all here. We've done everything on our side. It's up to MediaCom to get their parts and I got a call today, they didn't give me a specific time. They were going to call the company to see when they could ship out the park and then we can go live. Councilman Peterson: So a few weeks? Few months? Next year? Todd Gerhardt: I would hope before February 1st. Scott Botcher: We also hope before Thanksgiving. We also hope before Christmas. Councilman Peterson: Senior housing project in the Villages. I haven't heard anything about it for a few months. Scott Botcher: We're waiting for some numbers from the party that's interested in doing that so we have nothing at this point. Councilman Peterson: Just sitting? Scott Botcher: Yeah. Councilman Peterson: Thank you. Mayor Jansen: Anything else? Okay. Mayor Jansen adjourned the City Council meeting at 7:40 p.m. Submitted by Scott Botcher City Manager Prepared by Nann Opheim 18