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CC Minutes 2002 02 11CHANHASSEN CITY COUNCIL REGULAR MEETING FEBRUARY 11, 2002 Mayor Jansen called the meeting to order at 7:00 p.m. The meeting was opened with the Pledge to the Flag. COUNCILMEMBERS PRESENT: Mayor Jansen, Councilman Labatt, Councilman Boyle, and Councilman Peterson COUNCILMEMBERS ABSENT: Councilman Ayotte STAFF PRESENT: Todd Gerhardt, Roger Knutson, and Kate Aanenson PUBLIC PRESENT FOR ALL ITEMS: Linda Landsman 7329 Frontier Trail Debbie Lloyd 7302 Laredo Drive Janet Paulsen 7305 Laredo Drive PUBLIC ANNOUNCEMENTS: Mayor Jansen~ Good evening. We have a very light agenda this evening. We'll go ahead and get started. Under our public announcements, we were going to have a presentation of our Maple Leaf Award to our Environmental Commissioner Susan McAllister who isn't feeling well this evening, so we will reschedule that for a ~uture meeting. Going onto the consent agenda. CONSENT AGENDA: Councilman Peterson moved, Councilman Boyle seconded to approve the following consent agenda items pursuant to the City Manager's recommendations: b. Approve Consukant Work Order for Highway 101 Trail, Project 97-12-3. c. Approve Proposed Fee Schedule for Materials Testing for 2002 Municipal Construction Projects, PW009D. d. Resolution #2002-20: Approval of Liquor License Fees. e. Approve Sheriff's Department Work Plan. f. Resolution #2002-21: Approve Plans & Specifications and Authorization to Take Bids for Library Construction. Approval of Bills. Approval of Minutes: City Council Minutes dated January 28, 2002 City Council Work Session Minutes dated January 28, 2002 City Council Meeting - February 11, 2002 All voted in favor and the motion carried unanimously 4 to 0. I. APPOINTMENTS TO RENTAL LICENSING COMMITTEE. Mayor Jansen: Normally I'd move it to the end of the agenda but seeing as it's so short, jumping right in. This is the appointments to the advisory committee for the conduct on license premises. We received 9 applications, and the recommendation is for approval of all of the individuals onto the committee. And going through these, it is a nice representation of all the different complexes that we have in town, which I think is excellent and one of the goals is to make sure that everyone does feel as though they've had that opportunity to give us input on this ordinance as it's being drafted. I do think that one representative per complex is reasonable versus we have one complex in here that would have double representation and hopefully one individual from that complex would be able to represent the views of the group. Councilman Labatt: There's two really. Martin owns 410. Mayor Jansen: One is actually a resident of that complex and the other is the owner, so I think that might be an interesting combination on that one particular complex. The other is an owner and the manager so maybe of those two, if they can possibly decide amongst themselves, unless council wants to specifically appoint. I'm of course speaking to the, how do you pronounce this? Remada Company. We have both the owner and the manager or president that have applied. And what I would propose is that we get back to them and have one or the other, and one could certainly serve as an alternate. My other thought as far as maybe having a representative on the group as a resident, and really thinking of maybe just approaching our Planning Commission to see if somebody from the Planning Commission would be interested in serving on the committee. Or even our Senior Commission, if one of the seniors would be interested. We, of course, have numerous apartment dwellers amongst our senior community so I thought of both of those commissions as far as seeking another volunteer for the committee. Councilman Boyle: That's a good recommendation. Councilman Peterson: Seems reasonable. Councilman Boyle: I agree with the one for Remada. Mayor Jansen: Okay. So we'll ask Remada to appoint one representative, and why don't we then suggest that we approach the Planning Commission and the Senior Commission then looking for a volunteer. Councilman Boyle: Agreed. Mayor Jansen: Okay. So we have a motion and a second. Mayor Jansen moved, Councilman Boyle seconded to approve the appointments to the Rental Licensing Committee as submitted, asking The Remada Company to appoint only one representative, and asking the Planning Commission and Senior Commission each to appoint one volunteer. All voted in favor and the motion carried unanimously 4 to 0. VISITOR PRESENTATIONS: City Council Meeting - February 11, 2002 Linda Landsman: Madam Mayor and Honorable Council members. You know my name is Linda Landsman, and I live at 7329 Frontier Trail. I wear more than one hat in the community but I'm here today just to say thank you from the library. To express our gratitude in the speed and the support that you've shown in getting this library off the ground and going. And thanks to your approval tonight we can go out for bid and we are looking at a ground breaking now in April, and hopefully a wonderful grand opening next July so thank you very much. Mayor Jansen: Well thank you. Appreciate your coming in and making those comments. Linda Landsman is very involved in trying to pull together that ceremony for the ground breaking so we certainly appreciate all of your efforts and is working with our Park and Rec Director, Todd Hoffman to coordinate that with the City. So thank you. Appreciate it. Anyone else under visitor presentations? Councilman Labatt: There's only one more. COUNCIL PRESENTATIONS: COUNCIL/COMMISSION LIAISON UPDATE. Councilman Labatt: The only thing I was going to talk about was the Southwest Metro Transit Commission which I'm on. I've looking at the upcoming 4 months and I'm unfortunately busy the next 4 months so if somebody else would like to take that from me. Craig or Linda or Gary. Bob's not here. Councilman Peterson: Well I already volunteered so send me the updated times because I'm gone in February quite a bit but then March, April, May I should be here. Councilman Labatt: I think the next one is February 24th. Councilman Peterson: I'm gone so. Mayor Jansen: I think that's right. Okay. Councilman Peterson: The 24th is? Mayor Jansen: Would be a Thursday. Councilman Peterson: Yep, I'm gone. That's why I couldn't meet with the, I can't do the 24th. I'll do, I can do in March. Mayor Jansen: Okay. We'll check the dates with you and then this evening, just for the purpose of my then serving as the second alternate, I think if we would officially vote to appoint a second alternate, then I can certainly fill that need as those meetings come up. Councilman Labatt: So moved. Councilman Boyle: Thank you for volunteering. Mayor Jansen: So I have a motion. Could I have a second? Councilman Boyle: Second. City Council Meeting - February 11, 2002 Councilman Labatt moved, Councilman Boyle seconded to appoint Craig Peterson to the Southwest Metro Transit Commission and Linda Jansen as the alternate. All voted in favor and the motion carried unanimously 4 to 0. Mayor Jansen: And I will be the second alternate to the commission and I'll go ahead and take that meeting then for this month and we'll get Craig the list of dates then on the future meetings. Thank you. And I don't think, will the other meeting that we've had to report on since our last meeting was really the Highway 101 meeting and why don't we do that under administrative presentations as the last item. So we'll just move on then to administrative presentations. ADMINISTRATIVE PRESENTATIONS: UPDATE ON RECODIFICATION OF CITY ORDINANCES, COMMUNITY DEVELOPMENT DIRECTOR. Kate Aanenson: This is really for your edification, just to show you the process that we're undertaking, and it's well underway. As you're aware, you gave the planning department money to undertake this task. And while our area of the code is Chapter 18 and 20, subdivisions and zoning, our strength is also facilitating meetings so we're taking on the task, and the first part of it's already underway. Municipal Code Corporation, who does the codification for us has already looked at the first draft and it's back over to the attorney's office and with the guidance of the city attorney we'll be having a staff coordinator on certain sections, which I've laid out in the report. And then using the resources on the other side of the report. Who would be the person most knowledgeable on that? A lot of these are going to be pretty straight forward changes that we'll just be bringing back to you. Some of them as required by ordinance do require public hearings, and some of those will take a lot more input. What I really wanted to run past for you tonight is to let you know that there are certain places that we're going to have public input even though it may not be required, certainly we anticipate on boat and waterways and some of those issues that there will be some concerns if we make any changes there. But the biggest component would be the zoning ordinance and subdivision regulations where there will be some input. Where we're looking at simplifying the ordinance as we're working with the city attorney trying to make it easier to read. More friendly. We have areas that overlap so we want to simplify that and we certainly want to get input from the residents. We also want to engage the business community too in looking at some of these regulations. So we anticipate again a year process but we wanted, if there was specific input, or if you wanted us to work with any specific group and make sure they're included, because we want this to be an inclusionary process. Again, there are certain things we do have to have public hearings on, but a lot of it we just also wanted to let you know that we will be holding information as we set those meetings up, we'll inform you and you're certainly welcome and invited to attend those too. So with that it's really just kind of informational. If you had specific questions on anything that we're kind of approaching or direction. I guess we're looking for some feedback. Mayor Jansen: Okay. Thank you for providing us with this graph and all this detail. I certainly appreciate your demonstrating to us the size and the magnitude of this project and how many people are going to be involved in the process. Obviously not just being your staff, but then reaching out into the other departments and involving their areas of expertise. I thought this was great information for us to have and also to Mr. Gerhardt's point that in your staff undertaking this project, you are saving our community a significant financial investment that it would entail for us to go outside and have this done so appreciate the efforts and the level of expertise that you are able to put into a project like this. And we certainly do feel that the public process is an important one and I know that you know that and are sensitive to it and the City Council Meeting - February 11, 2002 more updates we can have to then help communicate where we are in the process on those particular ordinances, be it to the Chamber or Rotary or the different groups that we are members with, that we can help with that communication. Kate Aanenson: Right. We anticipate putting something on the web page too to get people information, if they want to check on that. Where we're at. Some of the changes that we may be recommending so we'll get announcements out through that through the paper where people that maybe have a specific interest to them, where they can find out more information too so. There's a lot in the newsletter, in the newspaper and on the web page so there will be an opportunity to comment. Mayor Jansen: Okay, terrific. Any comments? Questions from council? Councilman Peterson: I might. Kate, you asked for kind of general feedback and direction. I don't think this is necessarily we should be doing that. I mean you placed the priorities in here on who's going to be allocating. I think for us to tell you, you should work on this first I think is maybe inappropriate, at least from perspective so I'm assuming that you went through these and are tackling them, the most important first and the least important last so. I think this is great we're getting it done so. Councilman Labatt: What's your time frame? Kate Aanenson: It's going to take at least a year. Anticipating doing it through, there's some that have been recently done. The city attorney's worked on some of them recently that are pretty current and we've talked about some changes in the liquor license. I think the cable license is probably pretty current. We have separate counsel on that so some of them are going to be very minor tweaking. And really what we're trying to do is, there's duplication in sections of the code and we're trying to pull that out and simplify it so a lot of it's just streamlining it and educating why we want to do that, just so it's more user friendly. And but some of them are going to be minor tweaking. The zoning ordinance is going to be, there's obviously issues there on the subdivision regs. We've seen that rub come up so that's going to be a lot more public process. Councilman Boyle: Well I think it's a big step in the right direction. We know it will get done now. Mayor Jansen: Great, thank you. So moving on. REOUEST REMOVAL OF CUPOLA ON POWERS RIDGE APARTMENT HOMES, PHASE I BUILDING. Kate Aanenson: Thank you. This wasn't an action item. We just wanted to let you know that we felt, the developer has put the cupola on the building. Did call us and asked us to take a look at it and to see what we thought. They thought it looked out of place. We concurred. It's up. It can stay up. Our recommendation that it did also. It was an add on that somebody had suggested. In looking at the scale of it, we just fek it didn't fit the design either so it'd be our recommendation to take it down, unless you had a problem with it. That's what we'd recommend to the developer. Mayor Jansen: Okay, thank you. Councilman Boyle: So they have a very nice cupola for sale. City Council Meeting - February 11, 2002 Kate Aanenson: It may end up somewhere else. Mayor Jansen: Yeah, exactly. Appreciate your bringing it to our attention so that at least if we do end up with people asking what happened, council's aware of the situation, but I don't believe that council would counter or go against what staff is recommending. I don't know if everybody's had a chance to drive by and take a look at it. Any comments for staff? Councilman Peterson: I think we either have to have more or less. Kate Aanenson: Right. I would agree. Either more or less. Councilman Boyle: I concur with staff's recommendation. Mayor Jansen: Okay, great. Thanks Kate. Appreciate it. So then moving on. Our update on Highway 101. Just briefly. We had mentioned that there was another meeting that had been scheduled after our last council meeting. There was a meeting of the engineers from the different jurisdictions and then we got together this morning again with MnDot in Mr. Workman's office to review what had been accomplished in that first meeting. And a brief update of what did occur. There was conversation amongst the engineers, but unfortunately there was not a design in front of them to help generate a real productive set of comments or direction as to where we really will see them going on a two lane concept. So at the conclusion of the meeting this morning it was decided to request that the drawing be pulled together so that there's a depiction of what we are talking about and the proposal from the previous discussions of a two lane concept. That will go before the engineers and staff to receive comments from Eden Prairie, Hennepin County, Carver County, to see if we're at a point where the negotiations can in fact go forward on getting the dual road and trail accomplished. And depending on the results of that meeting, the drawings will be completed by the end of this week. Teresa felt that she could have that accomplished by the end of this week. MnDot will be contacting the other jurisdictions to arrange a meeting for mid-week next week to sit down with the drawings and try to pull those comments together to see how close we are as far as being able to reach an agreement to move that project forward or not. At this point there's really only been the one meeting since we stopped negotiating on the roadway so the engineers threw out a few issues and comments and those are already being addressed as far as MnDot being able to respond to some of the concerns and issues and hopefully in this next meeting we'll have some indication of what will happen with the project. Todd Gerhardt: Yeah, and that's scheduled for next week. One of the other things that we talked about is maybe bringing Gary and Bob and Craig up to date on some of the previous designs when we went through the 101 reconstruction meetings back in '99. Just so you could get a flavor of the 4 lane, the 3 lane, the 1A's and designs that Steve and Linda had seen back in '99. Mayor Jansen: And I don't know that we need to go so far as to look at some of the designs that aren't being considered at this point. Our focus will be on bringing them up to speed on the current discussion around the 2 lane and the issues there as well as the issues with the trail. We certainly don't want to communicate or have it appear as though we're re-opening conversation on any of the other. Todd Gerhardt: No. I was just highlighting some of Gary's comments upstairs on safety concerns and that we did go down this track with the 4 lane concept. Not to look at it in detail but everything has been looked at so. City Council Meeting - February 11, 2002 Councilman Peterson: And one additional point to mention is probably the fact that the dual tracking scenario, which Teresa shared this morning was, we've got February 25th is kind of our drop dead date for us to make a decision about, you know can we still get it done this year and wait any longer than the 25th. Whether that's the 25th or close thereafter I think is an important date for us as a council to think about. Todd Gerhardt: It's a $60,000 decision. Because that's the cost of doing the plans and the specs on the trail to stay current with that. Mayor Jansen: And where do you get the $60,000? I thought it was 150 for the plans and specs? Todd Gerhardt: The 150 included I think preparing some of the easements in there. So right now to get us to the next level it would, just to do the plans and specs was $60,000. Mayor Jansen: Okay. Okay. So it's not that we would have to discontinue one of the proposals. It would be not delaying doing the plans and specs in order to not delay the project and again, it is a $60,000 decision as far as doing those plans and specs, depending on what the feedback is as to whether or not the road piece of the project can come to some sort of conclusion in negotiations. So we will keep you updated as to what we hear back then once the other entities meet from this meeting next week and what the results of those discussions are so we will probably, you'll probably see us having further discussion on the 25th around the project, but we will also be trying to schedule a time where we can get everyone the background information involved in that project. Councilman Boyle: Prior to that? Mayor Jansen: Hopefully. It's a lot of reading material but we'll try to condense it. Todd Gerhardt: It is. Mayor Jansen: Okay. Anything else to add? Todd Gerhardt: Just that the House and the Senate have their budget amendments for the State's short fall that's out so in your next correspondence packet you'll see AMM's and the League of Minnesota's summary of those. Under both of those plans there are not any recommended cuts for cities under that plan and no local government aid cuts or excess levy increases as a part of the Senate or the House proposed plan so that was good news last week. However they will continue to negotiate over the next several months and it may get added back in, but currently we're not included in either one of those. And staff is continuing to work on it's recommended cuts if for some reason Ventura's plan does go through so we will present a proposed list of cuts if that happens. Mayor Jansen: Okay, great. Anything else to add council? Councilman Boyle: Nothing. Mayor Jansen: This is a record short meeting. Motion to adjourn. Councilman Labatt: I just, for the sake of getting out of here early I'll just make one. In the correspondence I see Mr. Hoffman was recognized with the Jack Niles Award. Could you explain. City Council Meeting - February 11, 2002 Obviously getting letters from Eden Prairie, Maplewood and other people congratulating him, it must have been significant. Is this a national award or? Todd Gerhardt: It's a State award and it is, those letters came from other Park and Rec Directors that Todd has worked with over the past 14 years and, but it is a significant award for the Park and Rec field. It's their top award. And Todd was recognized this year and I sent him a letter congratulating him. It was really nice. He had his whole family there. They had a big banquet and a recognition dinner and he has some pictures in his office of when he received the award so it was very. Councilman Labatt: It's nice when we get staffers that are recognized on a State level. It shows the quality of employees we have. Mayor Jansen: Thank you for pointing that out. Appreciate it. Our congratulations to Mr. Hoffman. Councilman Labatt: Craig's got his jacket on already. Councilman Peterson: It's cold in here. Councilman Labatt: That's it. That's all I had to say. I just wanted to talk about that. Mayor Jansen: Motion to adjourn. Councilman Labatt moved, Councilman Peterson seconded to adjourn the meeting. All voted in favor and the motion carried. The City Council meeting was adjourned at 7:25 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim