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CC 2013 04 08 CHANHASSEN CITY COUNCIL REGULAR MEETING APRIL 8, 2013 Mayor Furlong called the meeting to order at 7:05 p.m. The meeting was opened with the Pledge to the Flag which was led by Anson Allred from Boy Scout Troop 589. COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilman McDonald, Councilwoman Tjornhom, Councilwoman Ernst, and Councilman Laufenburger STAFF PRESENT: Todd Gerhardt, Laurie Hokkanen, Paul Oehme, Kate Aanenson, Todd Hoffman, and Roger Knutson PUBLIC PRESENT: Anson Allred Boy Scout Troop 589 PUBLIC ANNOUNCEMENTS: None. CONSENT AGENDA:Councilman McDonald moved, Councilwoman Ernst 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 March 25, 2013 -City Council Verbatim and Summary Minutes dated March 25, 2013 Resolution #2013-23: b. 2013 Street Improvement Project 13-01: Call Assessment Hearing. d. Approve Amendment to Chapter 5 of City Code re: Animal Licensing. e. Approve Amendment to Section 2-46.11c of City Code re: Senor Commission Membership. nd f. Approval of Off-Sale Intoxicating Liquor License, SuperAmerica, 2960 82 Street. All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS. None. CONSENT AGENDA 1(C). APPROVE AUTHORIZATION FOR JURISDICTIONAL REVIEW, COMPREHENSIVE PLAN/LAND USE AMENDMENT, CHANHASSEN APARTMENTS, GALPIN BOULEVARD. Councilman Laufenburger: Yes Mr. Mayor, thank you. I just have a question about this in that this has an impact on a future item that will be coming before the council. I’m just wondering if I can have a little bit of further explanation from Kate on exactly this motion is asking us to do. Kate Aanenson: Yes, thank you Councilman Laufenburger, members of the City Council. The motion that we are requesting for the City Council tonight would allow us to start the jurisdictional process and what this says is that any local governmental unit has a right to comment on our proposed land use change. Similarly if we were doing the Comprehensive Plan, all the jurisdictions would get comment. They have 60 to 120 days to review that so if the project were to get approved it would cause a, could Chanhassen City Council – April 8, 2013 cause a construction season lapse. The control point that you have with this is that the project would have to be approved, would be a condition of approval is that the council would, the Metropolitan Council and all the jurisdictional agencies would have to approve the change. The land use amendment for this project to go forward so that’s a control point. So one of the conditions that we have with this project, when it comes forward, when you see the specific project, attached to it would be a condition that the land use be approved. We are dual guiding this. The reason we’re doing that is, even if the City were to choose this, approve this project, I mean that hasn’t been decided but if the City were to choose it and for some reason the developer walked away, we would still have the underlying zoning district that was dual guided so it gives you that flexibility in the future so this isn’t binding you. This is just authorizing the distribution of. That is a separate decision that you have to make that we’ll embed with the project in itself. Councilman Laufenburger: Okay, so do I understand this Kate that we essentially submit our anticipated zoning of office and residential to other jurisdictions? Kate Aanenson: Yeah. Councilman Laufenburger: Can you identify what those other jurisdictions are? Kate Aanenson: Yes, thank you. I meant to do that. Councilman Laufenburger: Yeah. Kate Aanenson: Thank you for asking me. Actually there’s approximately 26-30 so it’d be all of our surrounding, neighboring cities. Councilman Laufenburger: Okay. Kate Aanenson: It will be the County, Hennepin and Carver County. The adjacent. It also goes to the lower, the watershed districts. Public Health so there’s about 26 other so depending on kind of where they fall and how busy they are, you know sometimes it takes a while to get those processed. Councilman Laufenburger: So this is really a, we do this as a, kind of as a neighborhood, or neighboring jurisdictions as a courtesy, we let them know what our plans are and they in turns let us know what their plans are, is that correct? Kate Aanenson: That’s correct. They’re also bound by the same rules. Councilman Laufenburger: Okay. Kate Aanenson: I think the instance here is you know this is a minor change. Councilman Laufenburger: Yep. Kate Aanenson: In interpretation. Certainly if a neighboring city was doing something of more significant impacts, as you know we work well with the other cities regarding county roads and those sort of things, that they, if someone was to put in an activity, a large venue of a regional draw, then we would certainly want to. Councilman Laufenburger: A nuclear power plant. 2 Chanhassen City Council – April 8, 2013 Kate Aanenson: Yeah, I mean something that would be even a major outdoor concert event where we’d have a lot of traffic impacts so we have more comment. As a general courtesy neighboring communities, as long as it doesn’t impact them, this would be in our mind a minor that they’d come back fairly quickly but that still builds time into a schedule when someone’s trying to perform so we are just trying to keep them on a certain schedule and certainly we’re not taking away any of your ability to control what happens with the project. Councilman Laufenburger: So we are anticipating that this jurisdictional review will result in essentially either no comment or go ahead. Kate Aanenson: That’s correct. Councilman Laufenburger: Is that right? Kate Aanenson: That’s correct. Councilman Laufenburger: Okay, thank you very much. Mayor Furlong: If I can Ms. Aanenson, I guess the way I viewed this is, similar to if the development goes forward in the city there’s a public hearing held at the Planning Commission and there’s notices put in the newspaper and on the website and in fact mailed to property owners within a certain distance of the proposed development to ask for public comments. Is it as simple as saying that this is really asking for public comments from our neighboring cities and counties? We’re saying here’s something that’s going on, we’d appreciate your comments on it. Kate Aanenson: Right, that’s correct and typically it’s a community development director. Sometimes it’s the city manager that would sign off on those so I’d be the person receiving them from the other ones. If it’s something I felt that was more significant then I would turn it over to the city manager and say this is something that we may want to put on a council agenda so same kind of process would happen with the other cities. Now just to be clear when we do neighboring comments, so we send it to within 500 feet. We also send it to other jurisdictions so they’ve got, some of these people on this list have seen more detailed information on this project. They saw the concept so it’s a little, they understand the project a little bit better. The county’s already seen the draft. Mayor Furlong: The County, it’s along a county road… Kate Aanenson: Correct. They’ve already seen it. They are aware of the issues. And same with MnDOT and things like that so. Mayor Furlong: Okay, thank you. Any other comments or questions on this item? If not Mr. Laufenburger would you like to make a motion to approve? Councilman Laufenburger: I’d be happy to. Mr. Mayor I move, make a motion that the City Council authorizes staff to submit the amendment to the 2030 Comprehensive Plan regarding a land use map amendment from residential low density and office to residential low and high density and office and residential high density for jurisdictional review. Mayor Furlong: Thank you. Is there a second? Councilman McDonald: Second. 3 Chanhassen City Council – April 8, 2013 Mayor Furlong: Motion’s been made and seconded. Any discussion on the motion? Hearing none let’s proceed with the vote. Councilman Laufenburger moved, Councilman McDonald seconded that the Chanhassen City Council authorizes staff to submit the amendment to the 2030 Comprehensive Plan regarding a land use map amendment from Residential-Low Density and Office to Residential-Low and High Density and Office and Residential-High Density for jurisdictional review. All voted in favor and the motion carried unanimously with a vote of 5 to 0. APPOINTMENTS TO THE PARK & RECREATION COMMISSION AND SENIOR COMMISSION. Mayor Furlong: The City Council relies upon the advisory role of the four commissions. The Planning Commission, Park and Rec Commission, Senior Commission and Environmental Commission in terms of various activities that fall under their areas and that the City deals with. Each year we make appointments to those commissions. Most the commissions have 7 members in which they have alternating terms. In our meeting, in our most recent meeting we made appointments to the Planning Commission and to the Environmental Commission. This evening we have to make a change to the Planning Commission appointments as well as make appointments to the Park and Rec Senior Commissions. The City Council interviewed candidates for these commissions beginning with our last meeting in February and both meetings in March at work sessions and as we said at our last meeting we had some very, very, very good candidates for all the commissions come forward so because of that you’ll see there are some changes. In fact with one of the items under our consent agenda with regard to the Senior Commission, we’ll start there. The council took the action to expand the Senior Commission to 8 members. We had 3 applicants apply for the Senior Commission. All were, 2 were incumbents and 1 was a new member and in talking to the, amongst ourselves as well as the Chair of the Senior Commission we were all in agreement that it made sense to expand and appoint all 3 so the motion I’ll make here, and let me go through all the appointments, if that’s okay to the council. Then we can do it in a single motion. The motion would be to appoint Jackie Engel, Tom Wilson and Jacqueline Prescott to the Senior Commission. All 3 for 3 year terms to expire March, 2016. With regard to the Planning Commission, one of the members, or one of the individuals, the candidates that was appointed at the last meeting has declined her appointment. Constance Alstad declined her appointment and so the motion this evening, the recommendation or the motion would be to move Maryam Yusuf who was appointed to a single year term to have expired in March of 2014, to extend her to the 2 year term expiring in March, 2015. And then to appoint Stephen Withrow to a 1 year term on the Planning Commission. That term to expire in March of 2014. And then with regard to the Park and Recreation Commission there, there were 2 vacancies. Three vacancies. Two 3 year terms and one 1 year term. My motion to recommend the appointments of Cole Kelly and Rick Echternacht for the two 3 year terms expiring in March, 2016 and then Luke Thunberg to a one year term expiring in March, 2014. So I would make a motion to approve those appointments and ask for a second and then we can discuss. Sorry, is there a second? Councilwoman Tjornhom: Second. Mayor Furlong: Thank you. Any discussion or comments by members of the council on any of these appointments? Council comments? None? Okay, let’s go ahead and proceed with the vote. Mayor Furlong moved, Councilwoman Tjornhom seconded to make the following appointments: Jackie Engel, Tom Wilson and Jacqueline Prescott for 3 year terms expiring March, 2016 for the Senior Commission; Maryam Yusuf to a 2 year term expiring March, 2015 and Stephen Withrow to a one year term expiring March, 2014 for the Planning Commission; and Cole Kelly and Rick Echternacht to 3 year terms expiring March, 2016 and Luke Thunberg to a one year term expiring 4 Chanhassen City Council – April 8, 2013 March, 2014 for the Park and Recreation Commission. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Furlong: Thank you to everybody who applied and we appreciate everybody’s interest in serving this city. COUNCIL PRESENTATIONS: Mayor Furlong: Presentations from the council? Councilman Laufenburger: I have one Mr. Mayor. Mayor Furlong: Councilman Laufenburger. Councilman Laufenburger: Thank you. This is a significant week for the City of Chanhassen and most specifically it’s amateur baseball team in that this Saturday is the Third Annual Red Bird Rally. You got that Nann? The Red Bird Rally is the annual fun and fundraiser for the Chanhassen Red Birds, the amateur town ball team. This is Saturday evening at, begins at 6:00 til 8:00 at the Chanhassen American th Legion. Saturday evening, April 13. Tickets are $10 at the door. You get a chance to meet the players, the board and we have it on good authority that the Red Bird mascot will even show up. $10 gets you in. It also gets you hors d’oeuvres and a chance to win one of two big raffle prizes and there will also be a silent auction, and lo and behold I just happen to have some Red Bird Rally tickets right here for any member of the council other than Mr. McDonald who, excuse me. Other than Mr. McDonald who has already, he’s got the early bird registration but I happen to have 3 other ones here in case the Mayor and Councilwomen Ernst and Tjornhom want to participate in this as well. And I also have tickets for you Mr. Hoffman because of your generous donation so, anyway. Red Bird Rally this Saturday night. April th 13 6:00 to 8:00 p.m. Be there or be square. Thank you Mr. Mayor. Mayor Furlong: Thank you. Councilman Laufenburger: By the way I’ll take cash or checks. Mayor Furlong: Thank you. Other council presentations? Mr. Gerhardt and I met with the Southwest th Metro Chamber Board of Directors on the 27 of March and made a brief presentation. Responded to some of their questions regarding the Chamber events in the city processes as well so Mr. Gerhardt, anything more specific on that? Todd Gerhardt: Ah nope. Just kind of gave an update on some of the road projects. The Home Improvement Expo was a big success with the high school, that they put on and we helped promote so good meeting. Good feedback and I don’t think there was anything specific from the Chamber or concerns. Just open communication. Mayor Furlong: No. Good questions, yep. Absolutely. Okay. Any other council presentations? ADMINISTRATIVE PRESENTATIONS. Todd Gerhardt: Just a quick update. I did send a text out to council members. One of our fire fighters, Mike Ryan fell ill during a call on, we had a potential chimney fire and Mike was taken to the hospital. He’s doing very well and however they are going to hold him probably to mid-week and so keep Mike and his family in your prayers and, but he’s on the right path of recovering from his illness. That’s all I have. 5 Chanhassen City Council – April 8, 2013 Mayor Furlong: Any other questions for Mr. Gerhardt or his staff? CORRESPONDENCE DISCUSSION. None. Mayor Furlong: Then just a point of personal privilege, if I can I’d like to wish my daughter Kathryn a th happy 15 birthday tonight. So hopefully she’s not spending it doing homework but rather enjoying it so happy birthday to Kathryn. With that if there’s nothing else to come before the council this evening, is there a motion to adjourn? Councilwoman Ernst moved, Councilwoman Tjornhom seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The meeting was adjourned at 7:25 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 6