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CC 2013 05 28 CHANHASSEN CITY COUNCIL REGULAR MEETING MAY 28, 2013 Mayor Furlong called the meeting to order at 7:05 p.m. The meeting was opened with the Pledge to the Flag. 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 Mitch Johnson PUBLIC PRESENT: Len Simich Southwest Transit Dave Jacobson Southwest Transit Mayor Furlong: Thank you and welcome to everybody. Those here in the council chambers as well as those watching at home. We’re glad that you joined us this evening. At this time I would ask members of the council if there are any changes or modifications to the agenda. First of all, looking at our agenda, we’re going to start with an EDA meeting. Even though I just called the council to order so we’ll have the, we’re fine. Todd Gerhardt: Right at the end. Mayor Furlong: Can we do that at the end? Todd Gerhardt: Yeah. Mayor Furlong: Alright, without objection, let’s defer, nothing on the EDA is included in the council meeting tonight I don’t think, correct? Laurie Hokkanen: Correct. Mayor Furlong: We don’t have to do that? Todd Gerhardt: Yeah. Mayor Furlong: Alright. Then without objection we’ll defer the EDA meeting to the end of our council meeting. Continue with our council meeting so at this time are there any changes or modifications to the agenda? If not we’ll proceed with the council agenda as published. PUBLIC ANNOUNCEMENTS: None. CONSENT AGENDA: Mayor Furlong: If there’s desire for separate discussion on items 1(a) through (c) by members of the council or others present I would ask that you let me know at this time. If not, is there a motion to approve items 1(a) through (c). Chanhassen City Council – May 28, 2013 Councilwoman Ernst: So moved. Councilman McDonald: And I’ll second but Mr. Mayor I did want to bring out on (c) that you know what KleinBank is doing, I think they should get some notice for again sponsoring the concert series again this year. Mayor Furlong: Absolutely. In fact we have a representative from KleinBank here tonight that’s going to talk to us during visitor presentations and so we can certainly welcome any comments you have for them at that time. Motion’s been made to adopt items 1(a) through (c) and seconded. Councilwoman Ernst moved, Councilman McDonald 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 May 13, 2013 -City Council Verbatim and Summary Minutes dated May 13, 2013 Receive Commission Minutes: -Planning Commission Verbatim and Summary Minutes dated April 16, 2013 -Park and Recreation Commission Verbatim and Summary Minutes dated April 23, 2013 Resolution #2013-33: b. Approve Resolution of Support for Highway Safety Improvement Program Grant Funds from MnDOT for Highway 41 and Lake Lucy Road Intersection Improvements. Resolution #2013-34: c. Approve Resolution Accepting Donation from KleinBank for Summer Concert Series. All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS. Mayor Furlong: If you’d like to address the council under visitor presentations, I ask that you come forward to the podium at this time. Mr. Simich, sure. Hint, hint. Len Simich: Thank you Mayor, members of the council. My name is Len Simich. I’m CEO with Southwest Transit. I’m here tonight to talk just briefly about a summer promotion that we’re going to be running here in the city of Chanhassen. It’s our 692E or our Chanhassen Circulator as we call it. Really this gives us an opportunity, or the residents of Chanhassen an opportunity to give us a test run. It’s just a downtown circulator. It will tie our ramp that is located right behind the Dinner Theater to the businesses south of Highway 5 and then come back up through the heart of the downtown. This will run roughly from 9:00 a.m. to 4:00 p.m. We are running service on the Thursday, the Buy Chanhassen night as well. The fares, we’re going to be running a special fare. A 50 cent fare and that actually gets you to ride for 3 hours so you can get on and off during that time so it’s a good opportunity to connect the businesses on both sides of Highway 5. We’ll probably be using our trolley for the majority of the runs so that’s a novelty in itself. A lot of people like to just get out and ride that vehicle so we’re very pleased to have the opportunity to do that this summer. Mayor Furlong: Thank you. Any questions for Mr. Simich? A quick question Len. I see the stops here and the stated times of the different routes. I know for example, it looks like it’s coming through the Summerwood development and there’s a bus stop there near Foss Swim School and St. Hubert’s Church. 2 Chanhassen City Council – May 28, 2013 If somebody was there and wanted to pick up the bus, would they be able to pick it up as they’re coming down or are the stops restricted to the listed stops? Len Simich: Mr. Mayor, no. The stops are not restricted. In fact we will stop at any safe location just by waving the bus over. Mayor Furlong: Okay. Len Simich: Designated stops are great but anywhere along that route and we’ll pick you up. Mayor Furlong: So, and I see one of the stops is near Target and Byerly’s so people living in Summerwood want to take the bus over, you say within a 3 hour period, getting back on the bus and pay one fare. Len Simich: Right, one fare. Mayor Furlong: Okay, very good. Thank you. Great, thanks for giving us the update. Look forward to seeing how it works. Len Simich: You bet. Thank you. Mayor Furlong: This evening we do have a representative, Mr. David Esposito with Retail Market Manager with KleinBank here this evening. Each summer residents at City Center Park come out to enjoy the outdoor concert that’s been sponsored for the last 6 years by KleinBank and we appreciate their sponsorship for this event which provides the City the opportunity to provide these free concerts for residents and visitors so, Mr. Esposito, am I pronouncing it right? David Esposito: Esposito, yes. Close enough. It’s Italian. It’s hard to know. Mayor Furlong: Esposito, thank you. It really wasn’t but Esposito, thank you. Thank you for KleinBank’s sponsorship of these Summer Concert Series, as Mr. McDonald said. It is a very significant contribution that you make and we appreciate it each and every year and looking forward to having it again this year. David Esposito: Thank you. Mr. Mayor, members of the council, my name’s David Esposito. Retail Market Manager for KleinBank and on behalf of KleinBank and our nearly 400 team members I want to thank you for this very generous opportunity to allow us to be a sponsor for the Summer Concert Series. As one of our core values within KleinBank it’s strengthening our community by giving our time, talent and resources back to our communities and it’s one of those cores of what makes KleinBank a great part of our community and so we look forward to our participation in the Summer Concert Series. I know that all of our family members and team members alike love being a part of the event. It’s every Thursday thth between June 13 and August 8 so with that I’d like to present you with a check in the amount of $2,000 to the City of Chanhassen. Mayor Furlong: Thanks so much. David Esposito: Thank you very much. We appreciate it. Mayor Furlong: Well it doesn’t fit through the drive thru. Todd Hoffman: We’ve got a little one. 3 Chanhassen City Council – May 28, 2013 Mayor Furlong: Do we? Okay. The one that counts. Well thank you. Mr. McDonald, any additional thoughts or comments? Councilman McDonald: I just wanted to make sure everybody was aware of what Klein does and I think it adds a lot to the downtown area, especially of an evening. You know it gives people something to relax and again come downtown and I just want to make sure Klein got credit for doing that again this year. Mayor Furlong: Perfect, thank you. Anyone else for visitor presentations? If not we’ll continue on with the other items under our agenda. LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE. Mayor Furlong: Lieutenant Enevold, Jeff Enevold is here with the Carver County Sheriff’s Office. Good evening Lieutenant. Lt. Jeff Enevold: Good evening Mr. Mayor and council. I have a short power point presentation for you tonight. We’ve talked a lot about crimes of opportunity over the past few years here and looking at the stats from this year to this month, I think our education campaign is starting to pay off so what I’d like to do is just kind of review a few things that we’ve done. We’ve talked about it at City Council meetings. We’ve talked about it at National Night Out. I’ve gone to senior meetings. Public safety seminars. We’ve talked about the Citizens Academy. Crime alerts have been sent out. We’ve done extra patrol and we’ve done door hangers on open garage doors in the neighborhoods and our goal here at the bottom was to reduce opportunities and reduce the number of thefts. We’ve asked the public to help us reduce crimes by removing valuables from their vehicles. If they can’t do that, lock them in their trunks. Call 911 is you see anything suspicious in your neighborhood or business. Some of the common items we’ve talked about, iPods, iPads, purses, wallets. Please get those out of your vehicles and we talked about building a partnership in the community to help us be successful in fighting crime, and this particular quote here, I was building this power point presentation and on my internet home page there’s these daily quotes that come up and this one came up as I was building it so I thought it fit really well in this presentation. It talks about coming together is a beginning, keeping together is progress, working together is success, and I think you’ll see that in the next slide that we’ve created some success working together with the community and public safety. Theft statistics. Year to date thefts in 2012, we had 84 total thefts. 19 of those thefts were from vehicles. Year to date this year 2013, we had 47 total thefts and only 6 of those thefts were from vehicles. We had a 44% reduction in thefts and a 70% reduction in thefts from vehicles th so I think you know our education campaign is working well for us. Community involvement. May 8 we helped the Chanhassen Elementary kids across the street along with the fire department and the CSO to get into Miracles for Mitch. You can see we got them across there safely and back safely and you can see in the bottom right hand corner some of the items that they delivered to Miracles for Mitch and one thing that I did, as the kids were returning to school that I probably won’t do next year. I started giving them a high five and saying thank you. Well each kid who gave me a high five had to try and you know do it harder than the next kid so by the end of that my hand was numb so next year I learned a lesson. I probably won’t do that. Mayor Furlong: Just wave. Audience: Or send somebody else. Lt. Jeff Enevold: I like that delegate. We also completed our Citizens Academy, last week Tuesday. It ndst ran from April 2 to May 21. Just a few action shots there. You can see in the upper left that’s Stephanie. She’s shooting at the bad guy. Shooting a taser at the bad guy down there in the senior center. 4 Chanhassen City Council – May 28, 2013 We also went to the public works facility and did some DWI training. You can see Judy with the DWI goggles on there, and they really enjoyed that. We also were honored to have the Mayor and the Sheriff attend our graduation ceremony. 14 students graduated and all of them received a, here’s the group that graduated. Received a certificate, a citizens coin and a shirt. Citizens Academy shirt. At the end of each one of these I send out a survey and ask for some feedback to see how we can improve the Citizens Academy. I’ll just share some of the comments that were shared on the survey. Said very valuable experience. More aware of how the community works and feel more comfortable asking for help. Great job, highly recommend to others. Job well done. Great to learn what law enforcement does and how we can help. Outstanding experience. I got a small glimpse of the challenges and obstacles you face every day. This was a great experience. Eye opening and you had great instructors, and we really did have some great instructors. Beth Hoiseth was part of that. We got some deputies come in. Some of our crime techs. We had the reserves help us. School resource officer and George Pufahl. Sergeant George Pufahl is not here tonight but he really helped out with this. And of course none of this would be possible without the support of the council so I want to say thanks for your support of this program. I think it’s a great community outreach program and it’s going to strengthen our partnership with our community so thank you. And with that, that’s my presentation. Any questions? Mayor Furlong: Any questions for the Lieutenant? Okay, great. No, very good and thank you for your continued efforts on the Citizens Academy. Lt. Jeff Enevold: Yeah, I think it’s great. Mayor Furlong: When do you anticipate having the next one? Has that been, now that you’re done for all of one week. Lt. Jeff Enevold: I’m thinking probably in the fall again. September-October will probably be the next one. Mayor Furlong: Okay, so if people watching at interested and. Lt. Jeff Enevold: Keeping it on the website. Mayor Furlong: Okay. Lt. Jeff Enevold: Yep, and we’ll probably advertise it through the paper. Mayor Furlong: Okay, very good. Lt. Jeff Enevold: Thanks Mr. Mayor. Mayor Furlong: Thank you. Chief Wolff is here this evening with the fire department. Good evening Chief. Chief John Wolff: Good evening Mayor and council. Yesterday we partnered with the American Legion, as we do every year and we escort them to the three grave sites in town and they conduct a brief ceremony at each of those grave sites and that’s something I really personally enjoy attending and being a part of. It’s kind of humbling to, you know I’ve gotten to know some of these men and actually some of them are former fire fighters and these are, there are still a few World War II vets in this group and it’s amazing how they, they get up and down our trucks and climb up and do their thing and so forth so just a great thing that we get to do each year so. Another kind of fun thing that I’d like to chat quickly about is, Todd recognized a 40 year member of the Chanhassen Fire Department a few weeks ago, Mark Littfin on 5 Chanhassen City Council – May 28, 2013 th May 10. Was recognized right in this room with a bunch of city employees. We had at our banquet the week before had also recognized Mark so he’s 25 years as a full time fire marshal here in the city which is also a milestone this year and a 40 year member, and he still gets up at 3:00 a.m. for those midnight or late night calls so we really appreciate Mark’s service. As you know Dale retired and he was our Battalion Chief and we replaced Dale with John Murphy who was a Captain. 21 year member and John, we’re excited to have John in that role. He was recently promoted to that position. We’ve got 4 probationary fire fighters that will finish their one year probation at the beginning of next month on July thth 8 at the annual Black Hat Ceremony. It’s Monday, July 8 at 7:00 at our main station. All are invited. Year to date on calls. We’re up about 40% from last year but last year we were really down so we’re probably a little over the average. Maybe single digit. Low single digit percentage so kind of on pace, and I think a month ago I was talking about fire danger, with all, it was so dry and I think we caught up really, really quickly. I wished we’d stop catching up at this point though. I’m ready for summer so, we’ve got a great recruit class in. Probably the best one we’ve ever had and so we’re excited about bringing on some new folks too so take any questions if you have any. Mayor Furlong: Great, any questions for Chief Wolff? No? Thank you again for the service the fire fighters do and the department does with the American Legion for Memorial Day, we appreciate that. Chief John Wolff: You bet, thank you. BLUFF CREEK GARDENS: REQUEST FOR AN AMENDMENT TO INTERIM USE PERMIT 96-2 TO ALLOW FOR A LOT LINE ADJUSTMENT PER SECTION 20-233(C) OF THE CHANHASSEN CITY CODE ON PROPERTY ZONED AGRICULTURAL ESTATE (A-2); LOCATED AT 850 FLYING CLOUD DRIVE; APPLICANT: SKIP COOK. Mayor Furlong: Let’s start with a staff report please. Kate Aanenson: Thank you Mayor, members of the City Council. This item appeared before the st Planning Commission on May 21 and they did recommend approval of the request. Again the applicant is requesting an Interim Use, amendment to the Interim Use Permit to allow for a lot line adjustment. Typically a lot line amendment, when it’s not a subdivision can be done administratively but we altered or made amendments to the City Code a few years ago when we found it was problematic when we had a conditional use and someone was allowed to alter their lines and it may impact the standards of that conditional use or the interim use so for that reason, for the lot line adjustment to go forward we need to amend the Interim Use so it remains consistent with the parcel. So the subject site is at the bottom of the Y. Flying Cloud Drive, County Road 61 and 101. There’s a garden center there currently and the property owner also owns the house behind in this area here. So the entire parcel is 10 acres. The resulting parcel with this split would then be 8.3 acres and I’ll go through that in just a minute here. Just wanted again to kind of frame up where this property is. This property is all agricultural right now so again we do provide conditional uses and interim uses in this area where we have no municipal services to allow some reasonable use of the property. For example across the street we had the driving range and in this particular instance we do allow the agricultural landscaping businesses on the conditional use. In looking at the future of this area, the property again is in the black circle there is guided for office park and office also to, along County Road 61 as we look at the new river crossing, the upgraded 61. We also have office then to the east of 101 and then further to the west along the city limits it would be high density residential. As you know with the County upgrade the City Engineer and myself are also looking at kind of how, and the Planning Commission and also the Council, how these properties would be developed in the future and providing additional access so in reviewing this application we wanted to make sure that we weren’t jeopardizing any of those future access points to allow for development. I just want to point out too that we did put a stall on their potential commercial. We didn’t specifically a site but we’d evaluate that in the future as we move forward as we talk about maybe some support 6 Chanhassen City Council – May 28, 2013 commercial somewhere down in that area depending upon how it all aligns up. I think this is kind of serendipity. It looks like it’s right where the round about may be. So this is how the property currently is being used and the Interim Use there were specific identifying how this property would be used so Area 4 is actually the area that’s going to be split and joined from the Interim Use Permit. So they identified Areas 1 and 2 again with the Interim Use, how they’d be used. 3 would just be for the storage and then 4 would be kind of the, was really to be added to planting. To provide screening to that house to the north. So this is approximately where that lot line would go. Kind of creating that new lot so the interim use then would just be the rest of the 8.3 acre parcel. Again this could have gone forward without any approvals but for the fact of the Interim Use so this property now is not part of that landscaping business so it changes that from the 10 acre parcel then to the 8.3. So with that the Planning Commission did recommend approval. We did have some conditions of approval. There are 3 on there but we are supporting this, as did the Planning Commission so we’re recommending that you approve it and I’d be happy to answer any questions you may have. Mayor Furlong: Thank you. Any questions for staff? Seeing none, is there any comments or thoughts from council members? Mr. McDonald. Councilman McDonald: No, I have none. Mayor Furlong: Oh I’m looking at Mr. Laufenburger hitting his button and I said your name. I apologize. Mr. Laufenburger. Councilman Laufenburger: See how much sway you have on this council Mr. McDonald. It seems very appropriate. I congratulate the staff for doing the work to make this happen. I have no questions and I would support it. Mayor Furlong: Thank you. Any other thoughts? Obviously there are, as Ms. Aanenson mentioned, the work that the County and MnDOT are doing with the upgrade of the river crossing and County Road 61 goes right by this property so it’s nice that we, while this is coming forward now, obviously to my knowledge it doesn’t effect any of the street improvement projects or any of the design work that’s taken place there. Kate Aanenson: No, and we want to make sure that both parcels had continued access so we don’t have to buy somebody out for taking an access point and typically we don’t like, while it’s agricultural, one is a conditional use. The home to the back, although it looks like there’s some quasi type of uses on there so ultimately when we come down with urban services we’d certainly see this area being developed. Mayor Furlong: Redeveloped. Kate Aanenson: To a higher and better use. Mayor Furlong: Yep, understand. Okay. If there are no other comments, would somebody like to make a motion? Councilwoman Ernst: Sure I’ll move. Mayor Furlong: Could you bring the motion back up on the screen? Kate Aanenson: Yep. Mayor Furlong: Thank you. Councilwoman Ernst. 7 Chanhassen City Council – May 28, 2013 Councilwoman Ernst: I make a motion that City Council approve amendment to the Interim Use Permit subject to the existing restated and amended Interim Use Permit with conditions and adoption of the attached Findings of Fact. Mayor Furlong: Thank you. Is there a second? Councilman Laufenburger: Second. Mayor Furlong: Motion’s been made and seconded. Any discussion on the motion? Hearing none we’ll proceed with the vote. Councilwoman Ernst moved, Councilman Laufenburger seconded that the City Council approve the amendment to Interim Use Permit 96-2 to allow for a lot line adjustment subject to the amended and restated Interim Use Permit and adoption of the attached Findings of Fact and conditions: 1. The area of the new lot lines shall have the through driveway blocked from direct access to the garden center to prohibit continued access to the garden center from this driveway. 2. Any stored landscape material or plants must be relocated from Area 4 to the Areas 1-3. 3. Permits must be obtained for the construction of, alteration of, or occupancy use changes to any buildings on the site. All voted in favor and the motion carried unanimously with a vote of 5 to 0. COUNCIL PRESENTATIONS: Mayor Furlong: I’d like to start, oh I’m sorry. Councilwoman Ernst, do you have something? Councilwoman Ernst: No, I was just going to talk about Memorial Day and the event that we had. Mayor Furlong: Thank you. Councilwoman Ernst: You know every year I go to this event. I keep thinking it can’t get any better but this year it was just phenomenal and I applaud Todd Hoffman and his team and the Legion and everyone that was involved because it was just a phenomenal event. Mayor Furlong: Thank you. Any other council presentations? It was a good event. Well attended. We went through about 2 or 3 seasons during the event with the weather but it was well attended. It was great to, as Chief Wolff said, great to see many of the veterans who have been in these events for a long, long time but they’re still there and they’re still participating and it’s good to see so. Councilwoman Ernst: And weather even held out. Mayor Furlong: The weather held out. I think we had the best hour and a half of the day yesterday from about 1l:30 to 1:00 so it worked out great. Todd Gerhardt: The mayor was in charge of weather on Memorial Day and I was in charge of it on Arbor Day. 8 Chanhassen City Council – May 28, 2013 Councilman Laufenburger: I’m always impressed by the bugler and how he plays taps with such precision. It really is beautiful. Todd Gerhardt: Well it’s a great tradition. I mean we didn’t have it up until a few years ago and to have that kind of attendance and what a great way to memorialize those individuals that served our country. Thank Todd and his staff, the Legion, fire department for helping out. What a great day. Mayor Furlong: Any other council presentations? ADMINISTRATIVE PRESENTATIONS: Todd Gerhardt: Well I’d like to say our road projects are moving along swiftly but since our Chief wanted to have more rainfall, that’s kind of put a damper on our road projects. We can do some mulching and clearing and that’s about it. Some soil correction has gone on on 101 but we do have a slow start but we’ll get it done on time and on budget so. Mayor Furlong: Thank you. Any questions? CORRESPONDENCE DISCUSSION. None. Councilwoman Tjornhom 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 9