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CC 2010 08 09 CHANHASSEN CITY COUNCIL REGULAR MEETING AUGUST 9, 2010 Mayor Furlong called the meeting to order at 7:10 p.m. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilwoman Ernst, Councilwoman Tjornhom and Councilman McDonald COUNCIL MEMBERS ABSENT: Councilman Litsey STAFF PRESENT: Todd Gerhardt, Laurie Hokkanen, Kate Aanenson, Paul Oehme, Todd Hoffman and Roger Knutson PUBLIC PRESENT: Jason Wedel, Pulte Homes 12701 Whitewater Drive, Suite 300, Minnetonka PUBLIC ANNOUNCEMENTS: Mayor Furlong: Welcome everybody. We’re glad that you joined us this evening. For those here in the council chambers as well as those watching at home, thank you for coming. I apologize for starting a few minutes late this evening. We were completing an item in our work session. We’re going to actually be continuing that after our meeting this evening but I appreciate your patience in waiting for us. At this time I’d ask members of the council if there are any changes to the agenda for this evening. If not, without objection we’ll proceed with the agenda as published. I’d like to start with a couple of public announcements. The first relating th to the Dave Huffman 5K Memorial Run. It’s my pleasure to invite everyone to the 11 annual Dave Huffman 5K Memorial Run. Dave Huffman was an active member in our city and the Chanhassen Park and Recreation Commission. Mr. Huffman died in an automobile accident in Illinois in 1998. The USATF certified race will be held on Saturday, September 11 beginning at 9:00 a.m. at City Center Park just north of City Hall. Registration information can be found on the City’s web site or you can register on race day beginning at 7:15. There’ll be several age divisions ranging from under 13 to over 60. A wheelchair division and free kids fun run for ages 10 and under. There’ll be an award ceremony following the race and prizes will be awarded in each category. Proceeds from the race will be donated to the Chanhassen Boy Scouts and other local charities. I hope that everyone can come out and join us for a great event and a way to honor and remember Dave Huffman. I’d also like to make an announcement, one of the items we talked about at our work session this evening and just to direct people to our City’s web site for the results of our annual citizens survey. I say annual survey. We conducted the survey this year. The last time, two times that we conducted the survey were in 2005 and in 2007. The City works with the National Research Center to conduct our survey and uses the same methodology for each time that it’s conducted and that gives us the opportunity to compare results and look for relative changes. The report provides the opinions of a representative sample of our residents about our quality of life, service delivery, civic participation and unique issues of local interest. Chanhassen City Council - August 9, 2010 As with the previous survey results the City Council and staff will work together to consider those results in setting priorities and strategic objectives going forward. There were 1,200 surveys mailed out at random in May and June of this year. Nearly 500 were returned for a response rate of right around 43% which is near the high end and actually a little bit above the national range of average, anywhere from 25 to 40 percent. The overall quality of life as rated by those respondents as either good or excellent was at 97%. Almost all planned to stay in Chanhassen for the next 5 years. 99% of the respondents said that they feel safe in their neighborhoods or downtown Chanhassen during the day. Just a phenomenal number. 90% rated the city services good or excellent and the results which you can see as you look through the survey really demonstrate a sense of strong civic pride and is one that we’re proud of to see the, to see that our residents believe that Chanhassen’s not only a good place to live and work but a place that the vast majority of them would recommend to others to live as well. So if you’re interested take a look at the city’s web site for the survey results and there’s a lot of information there and you’ll see how other people see our city as well so thank you. And thank you to staff for their hard work in putting that together and getting that survey done. That will be useful as I said in our strategic planning process. Move now to the next items on our agenda. CONSENT AGENDA: Mayor Furlong: Mr. Gerhardt, you wanted an item? Todd Gerhardt: Yeah. If you could pull 1(g) and table it for, until our next meeting to allow staff additional time to talk about the policy and some other additions or deletions that could occur in there. Mayor Furlong: Thank you. That’d be fine. Any other items 1(a) through (f)? Councilwoman Ernst: Mayor I’d like to pull (e). Mayor Furlong: Okay. Do you mind if we bring that up after our last item of new business? Councilwoman Ernst: No. Mayor Furlong: Is that okay? Or is there, okay. Let’s do that. Any other items? Hearing none then let’s go ahead if there is a motion. Councilwoman Tjornhom moved, Councilman McDonald seconded to approve the following consent agenda items pursuant to the City Manager’s recommendations: a. Approval of Minutes: -City Council Verbatim and Summary Minutes dated July 12, 2010 -City Council Work Session Minutes dated July 26, 2010 Receive Commission Minutes: -Park and Recreation Commission Verbatim and Summary Minutes dated July 27, 2010 2 Chanhassen City Council - August 9, 2010 Resolution #2010-68: b. Medical Arts Parking Rehab Project 10-05: Call Public Hearing for Assessments. c. Approve Code Amendment to Section 4-30(5), Sewer and Water Fees. Resolution #2010-69: d. Red Cedar Point Project 10-01B: Accept Plans and Specifications; Authorize Ad for Bid. f. Approve Amendment #1 to Water Tower Antennae Agreement for the Purposes of Installing a ClearWire WiMax Antennae on the Downtown Water Tower; Nextel West Corporation. g. Table Severe Weather Policy Governing City of Chanhassen Owned and/or Operated Outdoor Recreational Facilities. All voted in favor and the motion carried unanimously with a vote of 4 to 0. VISITOR PRESENTATIONS: None. PUBLIC HEARING: THE ARBORS, CONSIDER VACATION OF TRAIL EASEMENT. Todd Hoffman: Thank you Mayor and members of the City Council. The Arbors is a plat as th you know that is west of the church on West 78 Street down near Dogwood Road. The original, there was a lot split on the lake. That lot split was divided. The City requested a trail easement along Dogwood Road which is now Dogwood Road. The property owner did not want to grant that trail easement at that time. This is some years ago. Probably close to 20 years ago. So there was a trail easement that was taken around the exterior of the property at that time and continue down this side. Now that Dogwood Road has been constructed and there’s a sidewalk along that public street, there’s no longer any need for this trail easement and it just really mixes up the titles on these properties and so it’s been the property owner’s request to remove that and we agree with that. Staff agrees with that. Mayor Furlong: Questions for staff. Mr. Hoffman, the question, the Dogwood Road right now there is a, did you say there is a trail or? Todd Hoffman: There’s a sidewalk on the other side. Mayor Furlong: A sidewalk on the north side of Dogwood? Todd Hoffman: East side. th Mayor Furlong: Okay. And then is there a sidewalk as well on the West 78 street there? Todd Hoffman: I believe there is, yes. Mayor Furlong: There is? Okay. 3 Chanhassen City Council - August 9, 2010 Todd Hoffman: The trail ends back farther to the east and then it continues as a sidewalk. th Mayor Furlong: So then somebody using the sidewalk could stay on West 78 and then stay on Dogwood… Todd Hoffman: Correct. Mayor Furlong: Alright. Thank you. Any other questions for staff? Mr. McDonald. Councilman McDonald: I’ve got a question. Was the trail ever developed or is it just an easement or is there anything else we have to do as part of the vacation? Todd Hoffman: No. The trail was never developed. It’s actually, it’s only a 10 foot wide. Normally we get 20. We would never develop a trail, it’s not very common in a 10 foot easement so there’s no improvements within that easement. Councilman McDonald: Okay. That’s all I have. Mayor Furlong: Thank you. If there are no other questions for staff I’ll open up the public hearing and invite any interested party to come forward and address the council on this matter. Please. If you could state your name and address for the record. Jason Wedel: Good evening Mayor, members of the council. My name is Jason Wedel and I’m with Pulte Homes, the applicant for tonight. Really don’t have anything to add other than it’s really, the vacation of the easement came up when we did our title search and it was really just to clean up the property records so that as we begin to sell homes out here, people would understand you know what easements are necessary on the property and the trail easement could have potentially caused some confusion if they thought a trail might be coming or in the future or not and it would impacts on our home buyers so we wanted to clear that up. Mayor Furlong: Okay. Very good. Any questions for the applicant? Okay, thank you. Jason Wedel: Thank you. Mayor Furlong: Appreciate you being here. Anyone else that would like to speak on this matter? If not then without objection we’ll close the public hearing and bring it back to council for discussion and action. Is there any discussion? If not, would somebody like to make a motion? Councilwoman Ernst. Councilwoman Ernst: I make a motion that we approve the resolution vacating the trail easement within the Arbors plat. Mayor Furlong: Thank you. Is there a second? Councilwoman Tjornhom: Second. 4 Chanhassen City Council - August 9, 2010 Mayor Furlong: Made and seconded. Any discussion on the motion? Resolution #2010-70: Councilwoman Ernst moved, Councilwoman Tjornhom seconded to approve the resolution vacating the trail easement within The Arbors plat. All voted in favor and the motion carried unanimously with a vote of 4 to 0. PUBLIC HEARING: FOX HILL, CONSIDER VACATION OF DRAINAGE AND UTILITY EASEMENTS. Paul Oehme: Thank you Mayor, City Council members. The applicant for this development has requested the lot line within the Fox Hill plat be relocated and subsequently drainage utility easements along the side yards also will need to be adjusted for that request. The development, Fox Hill is located just off of 101 in the northeast corner of the city. It’s a 3 lot development just south of Fox Hollow Drive. The easements in question are shown here in yellow are currently proposed easements to be vacated along both along the property lines of Lots 2 and 3 and the proposed easements to be dedicated are shown in the green here and the red lines here are showing the new property line. The new drainage and utilities will be dedicated in conjunction with this vacation if it moves forward. Gopher State One has also been called out to locate any potential existing utilities along these property lines or what’s in these easements and none have been located so staff is in support of vacating the easements at this time in conjunction with dedication of drainage and utility easements along the future property lines so with that if council has any questions I’d request that a public hearing be open at this time. Mayor Furlong: Okay, thank you. Questions for staff? Just one point of clarification with regard to the picture up here on the screen. The dashed lines, is the inside of that, is that where we consider the buildable area of the lot? Paul Oehme: Yes. Kate Aanenson: That’s correct. Mayor Furlong: Do they represent other easement or setback requirements? Paul Oehme: What’s just shown here is the easements along the exterior of the property lines and there’s also a drainage utility easement down here and likewise for the entrance drive there is also. Kate Aanenson: Yeah, that’s a private street. That’s why it looks a little different. Mayor Furlong: Alright. Thank you. Very good. Any other questions for staff? Councilman McDonald. Councilman McDonald: I was just going to ask did they redraw the lot lines or something? Why are we so far off on it? 5 Chanhassen City Council - August 9, 2010 Paul Oehme: Yeah, well the property has changed hands now and the new housing type has required that the lot lines be shifted somewhat to accommodate those new housing type. Councilman McDonald: Okay. Mayor Furlong: So I guess for clarification, if I could Mr. Oehme, the yellow areas which represent the existing easements, those are along the existing lot lines. So as the lot lines move they want to move the easements to match the new lot lines. Paul Oehme: Exactly. Mayor Furlong: Any other questions for staff? If not, I’ll go ahead and open up the public hearing and invite any interested parties to come forward and address the council on this matter. Anyone this evening? No? Seeing nobody then, without objection we’ll close the public hearing and bring it back to council for discussion and action. Any comments or thoughts on this item? If not, would somebody like to make a motion? Councilwoman Ernst. Councilwoman Ernst: I recommend to vacate a portion of the drainage and utility easements on Lots 2 and 3, Block 1, Fox Hill as shown on the attached survey prepared by Hedlund Engineering subject to recording of the lot line adjustments and recording the new drainage and utility easements. Mayor Furlong: Thank you. Is there a second? Councilwoman Tjornhom: Second. Mayor Furlong: Made and seconded. Any discussion on the motion? Resolution #2010-71: Councilwoman Ernst moved, Councilwoman Tjornhom seconded that the City Council approve to vacate a portion of the drainage and utility easements on Lots 2 and 3, Block 1, Fox Hill as shown on the attached survey prepared by Hedlund Engineering subject to recording of the lot line adjustments and recording the new drainage and utility easements.All voted in favor and the motion carried unanimously with a vote of 4 to 0. REQUEST TO AMEND STIPULATION AGREEMENT TO ALLOW ELECTRONIC MESSAGE CENTER, HALLA NURSERY. Kate Aanenson: Thank you Mayor, members of the City Council. Mr. Halla is requesting an amendment to a Stipulation Agreement that was entered with the City on February 10, 1997. In that Stipulation Agreement it states that a resolution must be approved by the City Council on a request from the owner to have any amendments to the Stipulation Agreement. Attached in your staff report is the original Stipulation Agreement so I’ll go through exactly what that request involves. But based on that Stipulation Agreement there was an agreement to place an off premise non-illuminated directional sign on the southeast quadrant of that intersection and the said sign could not exceed 8 feet in height and 72 square feet per sign. Per face of that sign. It 6 Chanhassen City Council - August 9, 2010 could be two sided. In 2007 the City did amend the city ordinance to allow in commercial districts electronic message centers. They are still strictly prohibited in the Agricultural District. In your staff report on page 2 we’ve identified the fact that because this property is agricultural district remaining, while the Stipulation Agreement allows for the non-conformity, we would not want to increase that non-conformity would be the staff’s position. So based on the fact that it’s an electronic message center, it doesn’t meet the height or the area requirements within that zoning district and the A2 does not allow the electronic message center. That the staff is recommending that you not amend the Stipulation Agreement and therefore deny the request. So the mechanism for you to do that would be to approve the resolution that is attached in your staff report and I’d be happy to answer any questions that you have. Mayor Furlong: Thank you. Any questions for staff? Councilman McDonald. Councilman McDonald: I have a question. Have you received any comment from the neighbors around there. Kate Aanenson: No. It was not noticed to the neighbors. They did not like the, any electronic message center in that area so I’m pretty confident to that, they would not be supportive to this. The residential. There is a street across from the entrance to this property where he’d like to put it. Which is one of the areas why in the A2 district we did not allow electronic message centers because there is residential in that area. Councilman McDonald: Okay, well I guess I’m just puzzled why there wouldn’t be a public meeting on this. Mayor Furlong: Mr. Knutson or Mr. Gerhardt? Roger Knutson: There’s lots of puzzles about this. He made the request and we said we would bring it to you. Councilman McDonald: Okay. Roger Knutson: As you know this is the same matter we’ve already been to the Minnesota Supreme Court on so it’s had a very, fairly thorough hearing. But he asked that you consider amending the stipulation so we feel obligated to bring that to you because we can’t decide it for you. Councilman McDonald: Okay. Well thank you for bringing it to us. Todd Gerhardt: There’s no requirement when modifying a stipulation agreement to notify anybody within a certain distance. I think the point Kate is making is that based on the zoning in this area, electronic signs aren’t permitted and so if they were permitted, it would not have to come back to you unless stipulation agreement called out or no electronic signs. Roger Knutson: And just to follow up. You know if you were inclined to do this you could, you could say nothing in the stipulation prohibits it but then you’d have to file an application for a 7 Chanhassen City Council - August 9, 2010 sign permit and since it doesn’t meet any of your criteria, he’d have to file for a variance and there’s no way it comes close to meeting the variance criteria. Councilman McDonald: Okay, so all we would be doing tonight is just agreeing to modify our stipulation. If we agree to do that, then we’re saying now you can file for a permit and that would lead to a public meeting to determine whether or not we would grant the variance. Roger Knutson: And based on the recent Minnesota Supreme Court decision, it isn’t in the same universe as what you need to have to grant a variance. Councilman McDonald: Okay. Thank you. Kate Aanenson: So again to be clear, our recommendation is, based on the whereas we’ve place in here, that we would not recommend amending the stipulation agreement. Mayor Furlong: Thank you. Any other questions for staff? Is the applicant here this evening? Or a representative of the applicant. Okay this was not noticed but consistent with past practices, if anyone would like to provide public comment, I’d be happy to entertain that at this time too. No? Okay. Bring it to council for discussion and consideration of the request. Is there any discussion? If not, would somebody like to make a motion regarding the request? Councilman McDonald: Sure, I’ll do this one. Mayor Furlong: Councilman McDonald. Councilman McDonald: I recommend that the council adopt the attached resolution denying Donald Halla’s request to amend the 1997 stipulation to allow electronic message center signs on the nursery property zoned Agricultural Estate, A2, located at 10000 Great Plains Boulevard. Mayor Furlong: Thank you. Is there a second? Councilwoman Tjornhom: Second. Mayor Furlong: Made and seconded. Any discussion on the motion? Resolution #2010-72: Councilman McDonald moved, Councilwoman Tjornhom seconded that the City Council adopt the attached resolution denying Donald Halla’s request to amend the 1997 stipulation to allow electronic message center signs on the nursery property zoned Agricultural Estate (A2), located at 10000 Great Plains Boulevard. All voted in favor and the motion carried unanimously with a vote of 4 to 0. CONSENT AGENDA: (E). APPROVE CODE AMENDMENT TO CHAPTER 10 CONCERNING LIQUOR LIABILITY INSURANCE REQUIREMENTS. Councilwoman Ernst: I think this is a great idea to do this so that we’re not constantly updating the ordinance. I am wondering however if we could put where it refers to the Minnesota Statute 8 Chanhassen City Council - August 9, 2010 number, if we could actually put a hyperlink or something in there for that statute. Can we do that legally? Kate Aanenson: Actually most of the City Code, we’re working with the Municipal Code Corporation, we’ve been trying to do as many hyperlinks as we can so if someone goes on that site, they can link it. We can provide that. That’s one of the things we’ve been trying to do with the code update so we’ll work on that. Councilwoman Ernst: Great. Okay. That’s the only request I had is that we create a hyperlink there. Mayor Furlong: Okay, thank you. Would you like to make a motion? Councilwoman Ernst: I make a motion that we approve the ordinance amendment to Chapter 10 of the Chanhassen City Code pertaining to the liquor license liability insurance. Mayor Furlong: Thank you. Is there a second? Councilwoman Tjornhom: Second. Mayor Furlong: Made and seconded. Any discussion? Councilwoman Ernst moved, Councilwoman Tjornhom seconded that the City Council approve the Code Amendment to Chapter 10 Concerning Liquor Liability Insurance Requirements. All voted in favor and the motion carried unanimously with a vote of 4 to 0. COUNCIL PRESENTATIONS: Councilman McDonald: I guess if I could, you know last Tuesday night was National Night Out and I had the pleasure of riding with one of our deputies, our detective and forgive me I forget. Todd Hoffman: Bob Zydowsky? Councilman McDonald: Bob Zydowsky, yes and we had a really great time and went around I think to 4 neighborhoods and it was very interesting to talk to the residents and find out what’s going on. What’s good about the city. What’s bad about the city and for the most part, as the survey kind of showed, I got more good comments than I did bad and the bad comments were again, there’s nothing we can do about it. It’s not something that’s within our power or our control but for the most part you know it’s just interesting to see the spirit within the neighborhoods. The individuals come together and they throw quite the parties on these nights and found out that quite a few of these have got long traditions that go back a number of years and each year people look forward to it and it’s an opportunity for the neighborhood to come out and kind of get together and have fun. So it was, I think it’s very enlightening for the city to go out and participate in these things and to meet the residents. It gives them an opportunity to talk with us and us to talk with them and so I just think this is a great benefit so I enjoyed my participation in it and look forward to again, doing it again next year. 9 Chanhassen City Council - August 9, 2010 Mayor Furlong: Very good. I think I would agree with Councilman McDonald’s comments. It’s a fun night. Busy night but a fun night and Beth Hoiseth, our Crime Prevention Specialist puts in a lot of time and effort and I’d like to public recognize and thank her for all of her work and also thank members of the Carver County Sheriff’s department. Lieutenant Jim Olson and a number of the deputies who were taking time to participate and volunteering their time off duty to participate in our event. Members of the posse, the sheriff’s office posse which is an all volunteer organization. Great group of people. Our fire department. Number of our fire fighting, members of our fire department were out there. We had some corporate sponsors. I know Target Corporation provided some handouts as well and it was just, it was really a big event. I think there were almost 50 parties. 49 originally registered and it was a hot night and so that may have affected attendance but at least all the people that I met weren’t letting the heat get in the way of having fun and meeting their neighbors. Meeting their new neighbors or reacquainting their friendships with their existing neighbors and really having a good time so it’s a great way to bring people together and promote how safe our city is and to encourage people to continue to look out for each other and look out for themselves and keep our city safe so Mr. Gerhardt, any other thoughts on that? Todd Gerhardt: I just want to thank the council for participating. Supporting the program. Some of the department heads thought it might be a good idea next year that all department heads hit a couple of neighborhoods. Go with a deputy. Get out and meet the public on their turf and help answer any questions that they may have so we’re going to try that next year and see how that’s received and I think it’s a great customer service tool and meet them on their turf. Mayor Furlong: Very good. Any other council presentations? Thoughts. Last Friday was Chanhassen Day, Carver County Day at the Minnesota Arboretum and the turnout was wonderful. It was a beautiful day and I think the turnout represented that. Jill Sinclair, our Natural Resource Specialist here in town and others on staff worked to help make that day possible so again I’d like to publicly recognize her for her efforts and everyone on the staff that was a part of that. I know there were others too, if I’m missing someone. Kate Aanenson: A few from park and rec, yep. Mayor Furlong: Park and Rec were involved? Excellent. Don’t mean to exclude anybody tonight. I just don’t know everyone that was involved but it was a good day. I’ve spoken to a number of residents who participated and enjoyed that and came back with their comments so, and this year was the first year that we combined that with Carver County and my sense is that that went pretty well from an organization standpoint as well as just expanding the awareness throughout the county of this real great asset that we have in our back yard, which is known as the Minnesota Landscape Arboretum so thank you to all involved and we’ll look forward to… Todd Gerhardt: Just to add a little bit to that Mayor. Thank you for your presentation and Jill did hand out attendance numbers here later on this afternoon and did a comparison of kind of the past week at the Arboretum. Kind of their top day was 1,000 and on Friday, Carver County Day, they had over 2,000 people attend on that day so that really goes to the credit of the program that 10 Chanhassen City Council - August 9, 2010 we put on and the marketing that went along with that so we got some people out there to participate and see what the Arboretum’s all about. Mayor Furlong: That’s good to hear. Good to hear. Great. Thank you. Mr. Gerhardt, administrative presentations. ADMINISTRATIVE PRESENTATIONS. Todd Gerhardt: Just a quick update on some road projects. Erie, we’re a little bit behind due to weather out there near McDonalds. Erie and Dakota area street reconstruction. Audubon, a little different project. Not as many utilities but is moving along nicely. Started laying curb already on the south end of Audubon next to Lyman so if you have a chance to get out and about and take a look at those projects, that one is doing real well and Paul’s done a great job of working with the neighborhood over there and meeting people’s needs and access. Appreciate the Lake Susan neighborhood and the additional traffic that’s going through their neighborhood. It’s a burden, no question about it but we appreciate their patience in putting up with some cut through traffic there so. But we’re still hoping that project will be done here by the end of August so we can still have bus pick-up and kids getting to school. Mayor Furlong: Very good. Any questions on the road projects? Street projects or other questions for Mr. Gerhardt or his staff? Okay, very good. CORRESPONDENCE DISCUSSION. None. Councilwoman Ernst moved, Councilman McDonald 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 7:40 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 11