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CC 2011 05 23 CHANHASSEN CITY COUNCIL REGULAR MEETING MAY 23, 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, Councilwoman Ernst, Councilman Laufenburger, Councilwoman Tjornhom, and Councilman McDonald STAFF PRESENT: Todd Gerhardt, Kate Aanenson, Paul Oehme, Todd Hoffman and Roger Knutson Mayor Furlong: Thank you and welcome everybody. Appreciate those who have joined us here in the council chambers and those watching at home as well. Glad that you joined us this evening. Let me start with requesting of the council, whether or not there are any changes or modifications requested of the agenda. If not, without objection we’ll proceed with the agenda as published. PUBLIC ANNOUNCEMENTS: None. CONSENT AGENDA: Todd Gerhardt: Mayor, council you should have received a revised resolution for 1(d). There was a typo on the amount. The true amount should be $171,509 for engineering services. Mayor Furlong: Okay. Was that correct in the staff report or just? Todd Gerhardt: Yes. It just wasn’t in the resolution. Mayor Furlong: Okay, very good. Any questions on that? If not, without objection we’ll include the corrected resolution in with that item. Are there any other items that anyone would like to discuss separately from our consent agenda? Councilman Laufenburger moved, Councilman McDonald seconded that the City Council approve the following consent agenda items pursuant to the City Manager’s recommendations: a. Approval of Minutes: -City Council Work Session Minutes dated May 9, 2011 -City Council Verbatim and Summary Minutes dated May 9, 2011 Receive Commission Minutes: -Planning Commission Verbatim and Summary Minutes dated May 3, 2011 -Park and Recreation Commission Verbatim and Summary Minutes dated April 26, 2011 Chanhassen City Council - May 23, 2011 b. Flamingo Drive/Basswood Circle Draintile Project Nos. SWMP 11-01 and 11-02: Approve Quote. Resolution#2011-28: c. Pioneer Pass Outlot C: Approve Deferred Assessments. Resolution#2011-29: d. 2012 Street Improvement Project: Approve Consultant Contract with a change in the resolution reflecting the amount of $171,509 for engineering services. e. Approve City Code Amendments to Chapter 18, Subdivisions; and Chapter 20, Zoning; and Summary Ordinance for Publication Purposes.  Section 18-57 Concerning Streets  Section 20-407(3) Concerning Wetland Protection  Section 20-505(e) Concerning Hard Surface Coverage  Section 20-1502 Concerning Building Permits f. Approval of Fireworks Display Permit for Private Display on Lake Minnewashta, July 4, 2011, American Fireworks Display Company. g. Code Amendment-Chapter 19, Article IV, Subsurface Sewage Treatment Systems; and Approval of Summary Ordinance for Publication Purposes. All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS: None. LAW ENFORCEMENT/FIRE DEPARTMENT UPDATES. Mayor Furlong: This evening we receive our monthly update from our police and fire departments so we’ll start with Lieutenant Enevold with the Carver County Sheriff’s Office. Good evening Lieutenant. Lt. Jeff Enevold: Mr. Mayor, council, good evening. Mayor Furlong: Good evening. Lt. Jeff Enevold: I know in your council packet you have the April stats for the city of Chanhassen. I saw nothing out of the ordinary in there that I need to address tonight but if you have some specific concerns I’d be happy to address those the best I can. I would like to update you on a significant event that happened tonight in the city of Chanhassen at about 5:30 we got a call for a man with a gun at 101 and South Shore Drive in the tennis court area there. I happened to be in the office so I responded with the deputies. There was 3 of us there initially. We had the, it said there were 3 suspects. We had them at gunpoint. By the time the whole thing was over there was 3 Eden Prairie cops and 3 other county police there so we had it covered very well. We handcuffed the young men. Put them in the back of the squad car and found out that 2 Chanhassen City Council - May 23, 2011 they were yielding Air Soft guns. One of them was showing off his Air Soft gun to his buddy. Decided to take a shot at him. His buddy went and got his Air Soft gun. Starting shooting him so they’re running around the parking lot shooting at each other so they were charged with disorderly conduct and sent on their way. They were 3 adults believe it or not so. So that’s the significant event. Mayor Furlong: By age. Lt. Jeff Enevold: Yes. Mayor Furlong: Adults by age? Lt. Jeff Enevold: Yes sir. So if you have any questions about that I’d be happy to, yes sir. Councilman McDonald: Can I ask, what’s an Air Soft gun? Is that a paint ball gun or? Lt. Jeff Enevold: It shoots a little pellet that’s shot from you know compressed air and it shoots out. Some of those guns look very realistic and the person who saw this obviously was concerned. Called 911. Came in over the radio to us as a male with a gun so we responded appropriately. One other quick thing I’d just like to, with school letting out here there’s going to be more juveniles out there. They’re going to want to stay out later. I just wanted to remind the council and the citizens of Chanhassen that there is a curfew. A county curfew and a curfew for the city of Chanhassen. There’s an ordinance that regulates that so be aware if you’re under the age of 12 you need to be home by 9:00 on Sunday through Thursday. 10:00 on Fridays and Saturday. If you’re 12 to 14, 10:00 p.m. Sunday through Thursday. 11:00 on Friday and Saturday. And then juveniles 15 to 17 need to be home at 11:00 Sunday through Thursday and 12:01 on Friday and Saturday. There are some exceptions to that and you can find that on the website. If you’re accompanied by an adult, you’re responding to an emergency situation, or if you have some lawful employment that you’re going to or coming from so, that’s all I have for the council and Mr. Mayor. Any questions of me? Mayor Furlong: Any questions for the Lieutenant this evening? Lt. Jeff Enevold: Very good, thank you. Mayor Furlong: Very good, thank you. Todd Gerhardt: Mayor, council. Those times and ages are also on display on Channel 8 so it’s kind of detailed so if anybody has an opportunity or wants to know they can either go to our website or Channel 8. Mayor Furlong: Very good, thank you. Chief Smallback is here this evening with the Chanhassen Fire Department. Good evening Chief. Chief Roger Smallback: Good evening. Start with the statistics as usual. Year to date we’re at 197 calls for service. We ended the month of April with 44 calls for service and month to day as 3 Chanhassen City Council - May 23, 2011 of today with 27 calls for service in the month of May. All of these numbers are pretty much consistent with historical averages. There were no fires. No significant calls in the past 30 days for us which is certainly a very good thing. So we don’t have any fires to talk about but maybe take a moment or so and talk a little bit about the training that we’ve been doing. For the last 2 weeks we’ve been training at the Edina training center. The Edina, City of Edina Fire Department Training Center doing live fire training. I think it was about a year ago that several of you had an opportunity to go with us when we out there doing a training. But the last 2 weeks we’ve been out there doing live fire training again. And if you had a chance to see the Sunday paper last week, the Sunday Star and Tribune had a very good article about the Edina Training Center and what goes on out there and it was a very good article. Very well written and very descriptive of the training and stuff that we do there. For the two training Mondays in June. Actually three training Mondays in June. One is going to be operations of our grass fire truck. Brush truck and then we’ll also be doing what we call first in drills. First in drills where we practice rolling into an address. Pulling hoses off and deploying hoses and setting up to a simulated fire. We call that a first in drill because the first truck, due to the first new truck on a structure fire and that is the most important unit to check in on scene and what those people do in the first 5 minutes that they’re on the scene really determines what everybody else is going to do for the next 2 hours so every year we practice this on several occasions and we’re doing that in June. Any questions? Mayor Furlong: Questions for Chief this evening? No? In terms of the numbers, you said they’re consistent with averages but they seem to be down a little bit from last year and I know. Chief Roger Smallback: Right. Mayor Furlong: As I recall last year they had been elevated. Chief Roger Smallback: Yeah. The historical averages, if you flatten it out over many years but last year was kind of an anomaly in that we ended up last year running about 20% increase of calls for the overall year. Now this year, now we’ve kind of dropped back down to more of a historical averages so, as you say last year was kind of an anomaly. Mayor Furlong: Okay. Very good. Thank you. PUBLIC HEARING: CONSIDER VACATION OF A PORTION OF LYMAN BOULEVARD RIGHT-OF-WAY. Mayor Furlong: This will be a public hearing but let’s start with the staff report please. Paul Oehme: Sure. Thank you Mayor, City Council members. The property owner that owns this piece of property, it’s basically at the corner of Lyman Boulevard and Riley Boulevard. Kind of the southeast corner here shown on the drawing. It’s right adjacent to the lake. Show you here. The roadway right-of-way for Lyman Boulevard used to come through this area and they’re usually dedicated when Lyman Boulevard was first constructed. Then in 1990 Lyman Boulevard was widened and realigned at this location. As a result of the realignment a portion of the right-of-way, as shown on this drawing here, is no longer needed for roadway purposes. As 4 Chanhassen City Council - May 23, 2011 such the property owner has requested that this portion of the easement be vacated. There are some private utilities through this area that would have to be relocated if this area would be vacated. That’s shown on this drawing here so there is some drainage utility easement that would have to be dedicated and specifically I believe the gas utility would have to be relocated into this dedicated easement. So if the vacation were to be approved tonight, staff would recommend that this drainage utility easement would be dedicated before the vacation takes place. So with that pretty straight forward on this item I think so if there’s any questions I’ll be happy to try to answer them and I request that a public hearing be opened on this item. Mayor Furlong: Thank you. Any questions for staff? Councilman Laufenburger: I just have one Mr. Mayor. Mayor Furlong: Please. Councilman Laufenburger: Paul, does the development called Reflections which is just to the north and west of that, I know that there’s a wetland area there. Does, is any of that drainage going to go over or near this right-of-way that’s going to be vacated? Can you speak to that a little bit. Paul Oehme: Yeah, let’s see. There is a culvert that runs, I believe it’s just north of here and outside of the vacation. Councilman Laufenburger: Outside of that area? Paul Oehme: Yeah, so I think that is outside of the limits that we’re talking about here. Councilman Laufenburger: Okay. Thank you Mr. Mayor. That was my only question. Mayor Furlong: Question I have. I was trying to look it up under JS. Couldn’t find it. Maybe Mr. Hoffman this is a question for you but future trail locations. There’s a trail on the north side of Lyman Boulevard in this area. Todd Hoffman: It’s on the south side. Mayor Furlong: It is on the south side. Does a trail go through this easement area or not? Todd Hoffman: It does but it would be within the roadway easement I believe. This roadway, probably at this location. Mayor Furlong: Okay, so this is, is the trail existing in this location? Todd Hoffman: It’s in. Mayor Furlong: Okay, and so the easement area that we’re vacating does not include any section of the trail? 5 Chanhassen City Council - May 23, 2011 Todd Hoffman: Not to my knowledge. Mayor Furlong: Is that? Kate Aanenson: That’s correct. Mayor Furlong: Okay. Okay. Alright. Any other questions at this point? If not, I’ll open up the public hearing and invite all interested parties to come forward and address the council on this matter. Seeing nobody without objection we’ll close the public hearing. I should have mentioned too, Mr. Klingelhutz is here this evening. Good evening John. If anybody has any questions for the application. Is there anything you want to add at this point Mr. Klingelhutz? John Klingelhutz: Well I guess the only thing I’ve really got to say is, when Lyman Boulevard was repositioned, you know we never did get, we never had an agreement on who got paid what and that still was hanging out there and I guess I think the City is getting the better part of the deal here. Because our appraiser said $116,000-$118,000, a number like that and the City appraiser said 18 so this clears that all up and it all goes away. Mayor Furlong: Okay. Any questions of Mr. Klingelhutz? Alright, very good. Thank you. John Klingelhutz: Okay, thank you. Mayor Furlong: At this point assuming nobody else wants to make comments after that, I’ll assume the public hearing is still closed unless there’s any objection to that and I’ll bring it to council for discussion. Any thoughts or comments? Yep, given the conditions in place, I think it seems pretty straight forward. Would somebody like to make a motion? Councilwoman Ernst: I will. Mayor Furlong: Councilwoman Ernst is recognized. Councilwoman Ernst: I make a motion to vacate the portion of Lyman Boulevard right-of-way described on the attached and subject to the conditions within this report. Mayor Furlong: Thank you. Is there a second? Councilman McDonald: I’ll second. Mayor Furlong: Motion’s been made and seconded. Any discussion? I guess what I would say is, given the comments and I’d like to thank staff and Mr. Klingelhutz for working together to find a solution here to this area and to come up with something that seems to be a reasonable solution for everybody so thank you to all involved to get this done. If there’s no other discussion, a motion’s been made and seconded. Let’s proceed with the vote. 6 Chanhassen City Council - May 23, 2011 Resolution#2011-30: Councilwoman Ernst moved, Councilman McDonald seconded that the City Council approve the vacation of a portion of Lyman Boulevard right-of-way subject to the following conditions: 1. The gas line must be relocated within the proposed drainage and utility easement before the vacation is recorded. 2. The drainage and utility easement dedication must be recorded prior to the right-of-way vacation. All voted in favor and the motion carried unanimously with a vote of 5 to 0. COUNCIL PRESENTATIONS: Councilman McDonald: Yeah, what I wanted to bring to everybody’s attention is that you know I’m a member of the Southwest Transit Board representing the City and one of the things that we’ve had happen, it’s made up of city members and also actual residents, bus riders and one of our members of the board who is the rider’s rep has taken a job in another area so he’s actually turned in his resignation and is moving, I think out of state. I won’t swear tothat but he got, definitely got a better job offer out of the area so what that’s done is it’s created a opportunity, there’s now an opening on the board and one of the things that we’re taking is applications for a new rider’s rep. What that would be good for is you know anyone who rides the bus on a regular basis or is very familiar with the operation of bus services and those types of things would be welcome to serve on the board and help give guidance and direction as we continue to try to make you know Southwest Transit a very good service that all the communities and all the cities can be very proud of. So we’re very user oriented and you know anyone who’s got some comments or ideas is always welcomed so what I’d like to do is say anyone that’s interested should probably make application here at the City. I believe Mr. Gerhardt’s got the applications so you could contact the City for an application and then what he will do is forward them onto the board for our selection at that point but I’d encourage anyone within the city of Chanhassen that rides the bus to definitely apply. Mayor Furlong: Thank you, and when, how quickly is that deadline closed? Did you mention that? Councilman McDonald: No I didn’t mention that. st Mayor Furlong: Okay. I think it’s, is it June 1? st Councilman McDonald: June 1 I believe. It’s coming up and yeah, at our next meeting I think is a time that we’re going to start looking at that but that won’t be until July. The end of July so yeah, anyone interested should contact you know the city staff immediately and get your application in so you can be considered. Todd Gerhardt: Mayor and council I’ll also add that to our Facebook page. We get quite a few hits there and some people may be interested in seeing it there. 7 Chanhassen City Council - May 23, 2011 Councilwoman Ernst: Question? Mayor Furlong: Yes, Councilwoman Ernst. Councilwoman Ernst: Mr. Gerhardt, have we had any applications at this point? Todd Gerhardt: I have not received any calls. Not to say that Len Simich hasn’t received applications because I know they advertise on a couple of the different routes in the area. Councilwoman Ernst: I was wondering because I did talk to a couple of the riders that were possibly interested. I’ll follow up with them and see if they’re still interested. Todd Gerhardt: I can email you those, the application too. Councilwoman Ernst: Great. Mayor Furlong: Yeah I think as Mr. McDonald said, this is a great opportunity for someone who utilized the bus services on a regular basis that wants to be involved in helping this organization grow upon it’s successes. You know to try to get involved. There’s a couple weeks here or a week and a half maybe only to get those applications in so, very good. Thank you. Other council presentations? Had an opportunity to attend a couple ribbon cuttings this last week at, on Friday. I believe it was Friday, Buffalo Wild Wings had a ribbon cutting. They’ve remodeled and reinvested back into their restaurant and it looks very nice there. They added more TV’s and more taps so I guess that’s their catering to their clientele but it’s nice to see that businesses like that that have been successful continuing to invest here in town. And then on Saturday I also attended a ribbon cutting for the Master of Mind and Body Rejuvenation. They just opened up right here at Market Square. Therapeutic massages and other things. Got a great location I think. Really made a nice investment in there and would encourage people to check that out. Both of them are members of the Chamber and you know those organizations that are supporting helping our businesses be successful. We have multiple organizations that are doing that. We appreciate being involved and wish everyone a great success here in town. With that, if there are no other council presentations, Mr. Gerhardt. Oh, Councilman Laufenburger did you have something? Councilman Laufenburger: Yeah I do. Thank you Mr. Mayor. As a, part of my additional duties in the city is I serve on the board of the Chanhassen Red Birds and the Red Birds are having a phenomenal season. They have not lost a game yet in River Valley League play. Of course they’ve only played one because of. Mayor Furlong: How many rain out’s? Councilman Laufenburger: Six. Yeah. Weather is ahead. Weather beats out the Red Birds 6 to nothing. Anyway, there’s an upcoming game. Two games that I want to highlight. First of all th on June 5, that’s Sunday at 2:00 p.m. the Red Birds will be hosting Senior Citizen Appreciation Day and Red Bird, I call them alumni. They affectionately refer to themselves as the Old 8 Chanhassen City Council - May 23, 2011 Timers. So we will once again recognize the Red Bird Old Timers and senior citizens can get in free so we invite all the senior citizens of Chanhassen, and if you can claim to be a senior citizen, th we’ll let you in free. And then also on June 24, I believe that’s a Friday night if I’m not mistaken, that is City Employee Recognition Game. All city employees, volunteer fire fighters, fire fighters, policemen, commissioners, if you do anything for the City then you’re going to get into this game free and we’re looking for somebody to throw out the first pitch Mr. Mayor. Mayor Furlong: Okay. Councilman Laufenburger: Okay. It was either that or sing the National Anthem and I think we’ll ask you to throw out the first pitch. Mayor Furlong: Have you heard me sing? Councilman Laufenburger: Yes I have. Mayor Furlong: Okay. Councilman Laufenburger: You’ll do a great job throwing out that first pitch. Mayor Furlong: Where’s my gavel? Councilman Laufenburger: Anyway, the Red Birds are, we’re having great fun with the town baseball team and except for the weather, which seems to be playing havoc not only with Chanhassen but also with Chaska. Some of the Chaska Cubs games are going to be played actually at Red Bird Storm, Red Bird Stadium so anyway, great part of the fabric of the community the Chanhassen Red Birds so I encourage all the council and all city employees and all, anybody watching come on out to a game. Mayor Furlong: And if they’re looking for the schedule, where can they find it? Councilman Laufenburger: The best way to find it is on our web site which is www.chanredbirds.org. Chanredbirds.org. Chanredbirds is all one word and we should probably put a link on the city page just to make it a little bit easier for people to find it too. Mayor Furlong: Okay. Very good, thank you. Any other council presentations? Mr. Gerhardt. ADMINISTRATIVE PRESENTATIONS: Todd Gerhardt: Well to keep up with all the activities going on in the area, we have our Memorial Day celebration this coming Monday at noon at City Center Park. In front of the Veterans Monument so the Legion is organizing another fantastic Memorial Day and it should be a great experience so anybody that has time stop by City Center Park around noon. We also have kind of an important meeting tomorrow where MnDOT is organizing an open house at the Chaska Community Center from the hours of 4:00 to 6:00 to talk about the different river crossings and potentially upgrading either Highway 101, 41 and 169. Again that’s from 4:00 to 9 Chanhassen City Council - May 23, 2011 6:00 at the Chaska Community Center and we will have staff representation there. Mayor and council, you’re all invited and so to talk about the different alternatives and benefits of each. And that’s all I have. Mayor Furlong: Thank you. Any questions for Mr. Gerhardt or his staff? No? Very good. CORRESPONDENCE DISCUSSION. None. Mayor Furlong: If there’s nothing else to come before the council this evening, we will continue our work session. It should not be too long but we will continue our uncompleted business items under the work session immediately following so if there’s nothing else to come before the council this evening, is there a motion to adjourn? Councilwoman Tjornhom moved, Councilwoman Ernst 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 7:25 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 10