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CC 2011 01 10 CHANHASSEN CITY COUNCIL REGULAR MEETING JANUARY 10, 2011 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 Laufenburger, Councilwoman Ernst, Councilwoman Tjornhom, and Councilman McDonald STAFF PRESENT: Todd Gerhardt, Laurie Hokkanen, Kate Aanenson, Todd Hoffman and Roger Knutson Mayor Furlong: Thank you and good evening everyone. Welcome to those here in the council chambers, as well as those watching at home. The first order of business this evening is the oath of office so Denny, Vicki, why don’t you join me down. OATHS OF OFFICE. Roger Knutson administered the Oaths of Office to Mayor Tom Furlong, Councilwoman Vicki Ernst and Councilman Denny Laufenburger. Mayor Furlong: Very good and congratulations to councilors Laufenburger and Ernst. Any thoughts or comments? Councilwoman Ernst. Councilwoman Ernst: Yeah. I would like to thank the citizens of Chanhassen and the businesses in the city for supporting me in this last election and allowing me to serve you for another term. I appreciate hearing your concerns and your feedback and taking the time to have conversations and discuss as feedback. I want to also thank staff for answering the questions as I was on the campaign trail and getting back to those people that had some of those concerns. We had a couple of those so thank you for getting back to them. I’m honored that you’ve given me another opportunity to serve you and I look forward to another 4 years. Thanks. Mayor Furlong: Thank you. Councilor Laufenburger. Denny Laufenburger: Thank you Mr. Mayor and thanks to my wife and family and dear friends and supporters that are either here watching on cable. Thank you for your support. My mind has been busy over the last few weeks and especially over the last few days. I know that this is a singular moment. This singular moment will last far longer in my mind than in others and maybe longer than it needs to perhaps but you’ll find that I try to be purposeful and prepared in all that I endeavor. Tonight is no different. I spent some time looking at the City’s website as part of the preparation and orientation for this role as councilman. I was drawn to the incredible compilation of the minutes of these council meetings for the last 40 years and I know they go further back than that but that was the extent of the City’s Lasher fiche website so to city staff I just reserve the right to look even further back so be prepared sometime in the future. I was drawn especially to the Minutes of the first meetings of the year, like this one and then even inspection of some of the names who had served. The names of people who had served as councilmen and councilwomen before me, and some even stepped into the role of mayor. So Chanhassen City Council - January 10, 2011 begging the indulgence of the council for just a few minutes more and with apologies to those that I may mispronounce or leave out unintentionally, let me just share some of these names with you. And as I read them I’m sure memories will come back to some of you. Klingelhutz. Bennyhoff. Pearson. Hill. Neils. Wolf. Hobbs. Kurvers. Neveaux. Geving. Waritz. Matthews. Swenson. Clark Horn. Carol Watson. William Boyt. Jay Johnson. Tom Workman. Ursula Dimler. Rich Wing. Mike Mason. Mark Senn. Colleen Dockendorf. Steven Berquist. Mark Engel. Steve Labatt. Linda Jansen. Boy Ayotte. Craig Peterson. Gary Boyle. Brian Lundquist. Bethany Tjornhom. Vicki Ernst. Jerry McDonald and my immediate predecessor, Bryan Litsey. Over the years the names have changed. The City has changed but something has stayed the same. The desire that each of those names carried into this council, into this chamber has not changed. It’s a desire to serve the City and the citizens of Chanhassen. It’s the desire and the passion that drives us all so for the privilege of following in the footsteps of these leaders to stand on their shoulders and to perpetuate the rich history, to preserve the character, quality and vitality of this little town and to provide leadership and service for future generations of Chanhassen, for this privilege to be your servant leader, I thank all the people of Chanhassen. Thank you Mayor. Mayor Furlong: Thank you. And thank you Councilwoman Ernst for your thoughts and comments too. Congratulations to both of you for being elected to the City Council. I look forward to working with both of you and of course Council members Tjornhom and McDonald as well, to continue to work with them in the years to come. It is a daily pleasure and privilege to serve on the City Council, either as a council member or as mayor and I’m deeply honored to be able to continue to serve in the role of Mayor of Chanhassen. I’m grateful for the support of the Chanhassen voters and the faith and the trust that they have shown in my ability to serve them as mayor. I will do my best to live up to their expectations. I’m especially thankful for the love and support from my wife Anne and my children. My family has and continues to be very supportive and accommodating to my schedule and knowing that they’re behind me makes all the difference in the world. It makes it easy to serve in this role. Still they have and will continue to give up a few family dinners and some bedtime rituals and wait a little bit longer at the stores in town as I talk to people. My daughter Catherine always says that dad, you’re always talking to somebody. And it’s true but it’s also the best part of being in one of these roles and I think any of us would agree with that. It’s the opportunity that we have to meet all the good people and there’s so many good people in this town and to listen to their ideas and their thoughts and to look at ways to help them and that’s what we’re all trying to do. Our city has enjoyed some tremendous success stories here and accomplished a number of goals over these last several years and it’s because of everyone’s efforts and desires. The council. The staff. The commissions to do what’s right and good for this city. It was very pleasing to see that over 75% of the respondents in this year’s citizen survey thought the city was going in the right direction. That’s a credit to everybody involved, not just the 5 of us that sit up here but everybody and we can all be proud of that. And while we have accomplished a lot there’s still more to do. As members of the council and staff know, but for those watching at home this last Saturday we started our new year in city hall like we have the last several years in a joint meeting with staff and the council to talk about goals and objectives. We continued that discussion here this evening. We recognize that Chanhassen is a community for life. It’s our responsibility to provide for today’s needs while we continue to plan for tomorrow’s, and that will be our common theme and we’ll continue to do that going forward in the coming year. And while 2 Chanhassen City Council - January 10, 2011 we’ve been through some difficult economic times, as a city and a country these last several years, I believe firmly that Chanhassen’s future remains bright. Civic pride is alive and well. Our challenge is to wisely take actions today that will ensure Chanhassen is a great place for everyone to live, work and raise a family for many, many years to come. To build upon our high quality of life that we enjoy. To continue to create a city that welcomes everyone and in which residents and businesses hopes and dreams can be realized. It’s such a privilege to be a part of an organization such as this. It really is something special and personally, and I know I speak for other members of the council, our commissions and city staff, to all the residents and businesses, thank you. Thank you for giving us the privilege to serve you. For that we are extremely grateful and for that we will start doing that right now as we get into the meeting. With that, now that we have a full compliment of council, I will start by asking if there are any changes or modifications to the agenda from members of the council. If not, we’ll proceed with the agenda as published. PUBLIC ANNOUNCEMENTS: None. ORGANIZATIONAL ITEMS: DESIGNATION OF OFFICIAL NEWSPAPER: Todd Gerhardt: Mayor, City Council members. The official newspaper, we have two choices is the Chanhassen Villager and the Lakeshore Weekly News. The Chanhassen Villager is delivered to every resident in the community where the Lakeshore Weekly News is a free paper but must be picked up in various locations throughout the community. Based on this staff is recommending that the Chanhassen Villager be designated the official newspaper for the City of Chanhassen. Mayor Furlong: Thank you. Any questions on that item? I know these are listed as a single motion but maybe we can just take them as individual, if that’s okay. Todd Gerhardt: Sure. Mayor Furlong: With regards to designating an official newspaper, would somebody like to make a motion? Councilman McDonald: I’ll do a motion. That we adopt the Chanhassen Villager as the official newspaper of the City of Chanhassen. Mayor Furlong: Thank you. Is there a second? Councilwoman Ernst: Second. Councilman McDonald moved, Councilwoman Ernst seconded to designate the Chanhassen Villager as the official newspaper of the City of Chanhassen. All voted in favor and the motion carried unanimously with a vote of 5 to 0. 3 Chanhassen City Council - January 10, 2011 APPOINTMENT OF ACTING MAYOR. Todd Gerhardt: Each year the City Council designates an Acting Mayor in those occasions when the mayor is not present or out of town. So this evening, in the past what we’ve done is solicit nominations for acting mayor. Mayor Furlong: Okay. At this time we would open up nominations for acting mayor or deputy mayor. Denny Laufenburger: Mr. Mayor? Mayor Furlong: Councilman. Denny Laufenburger: I’d like to place Bethany Tjornhom’s name in nomination to be appointed as Acting Mayor for 2011. Mayor Furlong: Okay, thank you. Is there a second? Councilman McDonald: I’ll second it. Mayor Furlong: Made and seconded. Are there any other nominations? Hearing none, a motion’s been made and seconded to designate Councilwoman Tjornhom as Acting Mayor. Okay, if there are no other discussion or nominations we’ll proceed with the vote. Denny Laufenburger: May I just make this moment of discussion? Mayor Furlong: Certainly. Denny Laufenburger: Just Mr. Mayor and Council members, Councilwoman Tjornhom has shown great leadership in this role in the past and has earned the confidence and respect of city staff as well as fellow council members. Also I have it on good authority that on those rare occasions when you are unfortunately absent from your mayoral duties. Mayor Furlong: Thank you for saying unfortunately. Denny Laufenburger: Such as a council meeting and Mayor Tjornhom has the gavel, we might anticipate being treated with cake. Mayor Furlong: So it’s a bribe. Denny Laufenburger: It’s just a hope. Mayor Furlong: Nice anticipation. Todd Gerhardt: A desire. 4 Chanhassen City Council - January 10, 2011 Mayor Furlong: I might have to withhold my support but, I don’t know if that will be enough. Any other discussion? Comments? Hearing none, we’ll proceed with the vote. Denny Laufenburger moved, Councilman McDonald seconded to appoint Councilwoman Tjornhom as Acting Mayor. All voted in favor and the motion carried unanimously with a vote of 5 to 0. APPOINTMENT OF COUNCIL REPRESENTATIVE TO SOUTHWEST TRANSIT COMMISSION. Todd Gerhardt: Mayor, City Council members. We select two individuals to serve on the Southwest Transit Commission. One is a council member. Another is a rider that would serve on that commission. This evening Mayor Furlong’s term ended this past December and we’re looking to appoint a new member to the Southwest Commission. Mayor Furlong: Thank you and I will say that while I’ve enjoyed it tremendously, because of time commitments and other obligations I’m not going to be able to stay on for reappointment to the Southwest Commission but it is certainly not for lack of interest or desire. Simply just a matter of time commitments so with that let me open up nominations for a member of the City Council to act as a council representative to the Southwest Transit Commission. Councilwoman Tjornhom: Mayor I have a nomination. Mayor Furlong: Councilwoman Tjornhom. Councilwoman Tjornhom: And that will be Councilmember Jerry McDonald. Mayor Furlong: Thank you. Is there a second? Denny Laufenburger: Second. Mayor Furlong: Made and seconded. Any discussion? Any other nominations? Councilwoman Tjornhom moved, Denny Laufenburger seconded to appoint Councilman McDonald as the council representative to Southwest Transit Commission. All voted in favor and the motion carried unanimously with a vote of 5 to 0. CONSENT AGENDA: Councilwoman Tjornhom moved, Denny Laufenburger seconded to approve the following consent agenda items pursuant to the City Manager’s recommendations: a. Approval of Minutes: -City Council Work Session Minutes dated December 13, 2010 -City Council Verbatim and Summary Minutes dated December 13, 2010 5 Chanhassen City Council - January 10, 2011 Receive Commission Minutes: -Planning Commission Verbatim and Summary Minutes dated December 7, 2010 -Park and Recreation Commission Verbatim and Summary Minutes dated December 14, 2010 Resolution #2011-01: b. Approve MnDOT Agreement with the City of Chanhassen for Federal Participation in Construction of Federal Aid Projects. c. Approve Consultant Agreement for TH 101 and Pleasant View Road Intersection. d. Approve Amendment to Chapters 4 and 5 of City Code, Establishing Impound Fees and Requiring Vaccination and Identification of Dogs and Cats; Including Summary Ordinance for Publication Purposes. e. Approve Amendment to Chapter 5 of City Code Concerning Dangerous or Potentially Dangerous Dogs; Including Summary Ordinance for Publication Purposes. g. Approve Temporary On-Sale Liquor License, Camp Tanadoona Annual Meeting, January 24, 2011. h. Approve Amendment to Chapter 4 of City Code Concerning SAC Fees. All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS: None. COMPREHENSIVE PLAN MINOR AMENDMENTS: REVIEW CHAPTER 2, LAND USE (MIXED USE), AND CHAPTER 7, TRANSPORTATION (ROAD CLASSIFICATION) OF THE 2030 COMPREHENSIVE PLAN. Kate Aanenson: Thank you Mayor, members of the City Council. This item is before you tonight is to correct some inconsistencies of the Comprehensive Plan. The plan was done in 2008 and since that time some of the road name changes have been put in place which we would like to correct. Kind of Scribner’s errors and then the other thing too is the inconsistency with the mixed use. All Comprehensive Plan changes have to go to Met Council for approval but we’ve already pre, had a pre meeting with them and don’t anticipate any problems making those changes. So again it’s a mixed use and transportation road classifications and the collector th names. This item did appear before the Planning Commission on December 7 to review the changes and the Planning Commission recommended 6-0 to approve the changes. So the mixed land use, there’s actually two in the city. One is Villages on the Pond and the other one is down at the, where the park and ride is and the Kraus-Anderson project. So in the mixed use, the intent there was to give it high density and in the language that’s actually in the Comprehensive Plan it says medium density and it was always our intent to have the high density and that’s how it’s stated. It was originally stated so that again was kind of a Scribner’s change so we want to make sure that’s correct and that’s how we’re representing that is we’re talking to folks and looking at those two properties. Again those both have PUD’s and those PUD documents say a high 6 Chanhassen City Council - January 10, 2011 density. It’s just a inconsistency with the Comprehensive Plan. So again the high density’s already in place on the one so again we want to make those two, on the Villages on the Pond, make those consistent. And again Southwest Village, anticipating potentially the high density development adjacent to Lyman Boulevard in front of the park and ride. And this property here too, that was one of the things that Kraus-Anderson project originally had some high density potential there. Right now they went all commercial. Depending on market they may come back and revisit that issue so again we want to make sure that that flexibility is in place. I just included in here the language, I’m not going to go through that but it’s just striking through and bold that’s in your staff report too correcting the development to make sure it’s high density. So the transportation one is a little bit more straight forward. The map that was in the Comprehensive Plan was correct as far as the colorings. We have the arterial collectors, collectors, and then the different classifications that are on the map. What we changed there was the actual, the narrative didn’t match the map. The collectors were all identified correctly, whether they be arterial, collector, future collector or principle so the streets that were left off nd that were actually functionally classified are 82 Street. As a collector. Audubon Road, which would be 5 to Lyman. Longacres Drive and Park Road. Again this is important classifications on whether they use State Aid funding and the like to make sure they’re correct. They are correctly identified on the map as how they’re functioning. They’re just not stated in the text part of it so we’ll change that. And then as we noted that, our wise Planning Commission also gave us some direction on some roads. Again since we did the Comprehensive Plan in 2008 we’ve had some name changes to Flying Cloud Drive is now called County Road 61 so we made that change. And there was another one too on Audubon Road which is County Road 15 and on the southern part as you go, the river towards Shakopee no longer the 169. So those changes are also reflected on the map so, for the next few years anyway we should be correct. So with that we are recommending a zoning ordinance amendment. Again this goes to the Met Council for final approval before it gets adopted but with that I’d be happy to answer any questions that you have. Mayor Furlong: Thank you. Any questions for staff on these items? Councilwoman Tjornhom. Councilwoman Tjornhom: Longacres Drive, was that always, was it built to be a collector? Kate Aanenson: A minor collector, yes. That’s how it functions on the official street map, correct. Councilwoman Tjornhom: So when the development originated it was? Kate Aanenson: Yeah, and how we address it is when you do a collector street like that you can have, you try not to have the spacing requirements but it was a little bit narrow in width but that’s how it functions as far as the number of trips that would go on there because it’s connected between two major roads which would be 41 and then the Galpin collector. Councilwoman Tjornhom: So by changing it to a collector what, what can happen and what can’t happen? 7 Chanhassen City Council - January 10, 2011 Kate Aanenson: We’re not changing. I think the issue here is it was inconsistent. It was adopted that way on the official map. The problem is it’s not in the text to support that so they’re inconsistent with each other. So when we had the public hearing that’s how it was shown. It just wasn’t put in the text portion of it. Councilwoman Tjornhom: And were the people along that road, were they notified that it was going to be changed? Kate Aanenson: Again we didn’t change it as part of the Comprehensive Plan. That’s how it was always identified so I don’t think we’re changing anything. I think what we’re trying to do is make it clear in the text portion that it matches the map. I understand what you’re saying. That they think they’re now on a busier street, right. And it’s based on the trips that are traveled on it, that sort of thing. Yes. Councilwoman Tjornhom: I know that they, I think they’re minorly irritated that you know it is kind of a cut through. Kate Aanenson: Sure, and the speeds. Yep, agreed. Councilwoman Tjornhom: Yeah, yeah so. So by tidying this up it’s not going to amplify the usage or. Kate Aanenson: No. No. No. That’s not the intent. Councilwoman Tjornhom: Okay. Mayor Furlong: Does it change anything in the way of how it’s been designated in the past? Kate Aanenson: No. No. Mayor Furlong: Is it really just a consistency issue? Kate Aanenson: It’s a consistency issue. So if you look at the map, you know lots of times people look through, and the Comprehensive Plan which I’ve attached, people look for the enumerated streets to see what street. They may not look at the colored mapping so you have it enumerated on the map and then it follows through with the color illustrative portion of the map to see where the connector collection. Mayor Furlong: When the Longacres development was approved, what was this street considered? Kate Aanenson: A minor collector. Mayor Furlong: A minor collector. Kate Aanenson: Yep. 8 Chanhassen City Council - January 10, 2011 Mayor Furlong: And that’s how it’s being designated here and that’s how it’s identified on the map. Kate Aanenson: Correct. Mayor Furlong: So that hasn’t changed since the original development approval? Kate Aanenson: That’s correct. Mayor Furlong: Other questions for staff on any of these items? Alright. Any discussion or thoughts or comments? No? Would somebody then like to propose a motion for the council? Denny Laufenburger: Mr. Mayor? Mayor Furlong: Yes, Councilor. Denny Laufenburger: I would make a motion that the Chanhassen City Council approves the proposed 2030 Comprehensive Plan Amendments to Chapter 2, Land Use, Section 2.1.1 and Chapter 7, Transportation, Section 7.6.4, 7.6.5 and 7.6.6. Mayor Furlong: Thank you. Is there a second? Kate Aanenson: Can I get a point of clarification? There’s an attached resolution that’s not specifically stated in the motion. I’m not sure if that’s implied that we’re also approving the resolution. Roger Knutson: I think you included the resolution in your motion didn’t you? Mayor Furlong: And the attached resolution is what you meant to say? Denny Laufenburger: Oh excuse me. Kate Aanenson: I’m sorry, we left that out of the wording. Denny Laufenburger: And the attached resolution. Kate Aanenson: Thank you. Denny Laufenburger: My apologies. Mayor Furlong: Just to clarify. That’s okay. Is there a second to that? To the motion that he meant to say. Thank you. With that, is there any discussion on the motion? Resolution#2011-02:Denny Laufenburger moved, Councilwoman Tjornhom seconded that the City Council approve the resolution for 2030 Comprehensive Plan Amendments to 9 Chanhassen City Council - January 10, 2011 Chapter 2, Land Use, Section 2.1.1 and Chapter 7, Transportation, Section 7.6.4, 7.6.5 and 7.6.6. All voted in favor and the motion carried unanimously with a vote of 5 to 0. COUNCIL PRESENTATIONS: Mayor Furlong: The one thing that I would mention, and catching staff a little bit off guard here but I know they’re anticipating it and that is commission vacancies. We have some vacancies on a couple of our commissions currently, and this year, or this time of year each year, the first quarter is when we accept applications for our various commissions. The Planning Commission, Senior Commission, Park and Recreation Commission, and Environmental Commission and I don’t know if it’s up on the web site yet or it will be coming up soon. I would encourage anybody that’s interested in serving on one of the commissions as a volunteer, they’re all volunteer positions, to take a look at the website. Get an application. Contact someone at City Hall. Call City Hall. They’ll put you in touch with the correct person to explain to you a little bit about the role of the commission and commission members, but I would encourage you to do that. With the councilor’s election here this evening, we have another opening on the Planning Commission. We had one vacancy there already and so, and we have some of the commission members on each of the commissions, their terms expire in March of this year as well so there’s always opportunities for people to get involved. So I would encourage you to take a look at the website if you’re interested in doing that. Any further comments on that? Okay. Very good. Any other thoughts or comments or commission presentations? If not then, administrative presentations. Mr. Gerhardt. ADMINISTRATIVE PRESENTATIONS. Todd Gerhardt: Mayor, council members. Earlier during our work session we talked about nominations for a vacancy on the Met Council. Would you like to talk about that now or? Mayor Furlong: I think what we need to do, if we’re going to do something we’ll defer that until th we meet on the 24. Todd Gerhardt: Oh, okay. Alright. Another thing I’d like to keep the council up to date on was that we did have another house fire this past, I think it was yesterday in the Carver Beach neighborhood. It was pretty much contained within the home. A couple windows that were damaged. Some smoke damage but nobody was hurt and the home will be saved so they will have to do some cleaning and decontamination but other than that, everybody was safe and volunteer firemen did a great job in responding in a timely manner. And we did have quite a few accidents today with the snow throughout the afternoon along 212 and Powers so you know, and the temperature and the amount of snow made it pretty slippery out there so. I think I speak for all the city staff that we’re excited to work with the mayor and council this year and we all wish you the best of luck in your new positions and old ones that you held before and you know we had our work session this past Saturday where we established our list of goals and objectives to be prioritized here in the next coming weeks and excited to get that list established and start working on them so thank you for giving up your Saturday and working with city staff and thank you department heads for giving up a Saturday morning to help facilitate establishing those list of goals so wish you all the best of luck. Thank you. 10 Chanhassen City Council - January 10, 2011 Mayor Furlong: Great, thank you. Any questions for Mr. Gerhardt? No? CORRESPONDENCE DISCUSSION. None. Mayor Furlong: Anyone want to make a resolution that all meetings need to be this long this year? Councilman McDonald: Oh I’ll definitely do that. Councilwoman Ernst: Good luck. Mayor Furlong: Yeah, good luck. Exactly. If there’s nothing else to come before the council this evening, is there a motion to adjourn? Councilwoman Ernst moved, Councilman McDonald seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The City Council meeting was adjourned at 7:30 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 11