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CC 2005 03 28 CHANHASSEN CITY COUNCIL REGULAR MEETING MARCH 28, 2005 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 Lundquist, Councilman Peterson and Councilwoman Tjornhom COUNCIL MEMBERS ABSENT: Councilman Labatt STAFF PRESENT: Todd Gerhardt, Justin Miller, Roger Knutson, Paul Oehme, Kate Aanenson, and Todd Hoffman PUBLIC PRESENT FOR ALL ITEMS: Debbie Lloyd 7302 Laredo Drive Jeff Franz 8950 Sunset Trail PUBLIC ANNOUNCEMENTS: Mayor Furlong: Thank you and welcome to everybody that’s here this evening and those watching at home. We’re glad that you joined us. With regard to the agenda this evening, prior to the meeting the applicant for item number 4 on our business, which was the Hidden Creek Meadows subdivision, asked to have that withdrawn from tonight’s agenda. There’s some issues that will probably come back so we will not be discussing that this evening. Are there any other changes or modifications to the agenda? Todd Gerhardt: Mayor I’d like to add two items. Approval of driveway easement for 1(p) on consent. That was handed out to you earlier. It’s a simple driveway easement for the Sinclair gas station. Mayor Furlong: Okay. Todd Gerhardt: And the second item is to add the 2005 Distinguished Service Award to be. Mayor Furlong: Administrative presentations or? Todd Gerhardt: Yes. Mayor Furlong: Okay, without objection those will be added. Councilman Lundquist: Mr. Mayor I would request that we add the driveway easement as new business so we can, being this is a new item. I haven’t had a chance to look at it. Just so we can get a quick staff update on that. City Council Meeting – March 28, 2005 Mayor Furlong: Okay. So instead of 1(p) we’ll move it to item, well 6. Thank you. Well let’s take it before the appointment. Councilman Lundquist: 4(b). Mayor Furlong: 4.5. Or 4.1. Okay. Thank you. Anything else or any other modifications or changes to the agenda? If not the one distributed with the packet as amended will be followed this evening without objection. Then we’ll move to the consent agenda items. CONSENT AGENDA: John Raby: Is the public…? Mayor Furlong: I’m sorry. John Raby: Just from the public at large… Mayor Furlong: Generally it’s just from the council. Is there a particular, okay. John Raby: I’d like to discuss. Mayor Furlong: Which item sir? Maybe you could come to the podium. John Raby: I’d like to discuss the lifeguard services for next year. Mayor Furlong: Item 1(c). John Raby: Correct. Correct. Mayor Furlong: Okay, we can do that. Not right now though. I’ll call you back up. We’ll bring that up, well just after we deal with the consent agenda we can bring that up. Councilman Lundquist moved, Councilwoman Tjornhom 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 February 28, 2005 -City Council Verbatim & Summary Minutes dated February 28, 2005 -City Council Verbatim & Summary Minutes dated March 14, 2005 Receive Commission Minutes: -Park and Recreation Commission Verbatim & Summary Minutes dated February 22, 2005 -Planning Commission Work Session Minutes dated March 1, 2005 b. Approve Ordinance Amendment to Allow the Consumption of Wine and Allowing Glass Containers in City Parks. 2 City Council Meeting – March 28, 2005 Resolution#2005-29: d. Approves Plans & Specifications; Authorize Advertisement of Bids for 2005 Street Improvements, Project 05-01. Resolution#2005-30: e. Approve Limited Use Permit with MnDot for Trail Improvements at the Intersection of Pioneer Trail & TH 101, PW053G. f. Approval of Consultant Contract for Lower Bluff Creek Preliminary Design. Resolution#2005-31: g. Approval of Change Order for Lift Station No. 2 Contract, Project No. 01-11C. Resolution#2005-32: h. Approve Quotes for Replacement of Lift Station Pumps, PW055. i. Paisley Park Studio Storage: 1) Final Plat Approval. 2) Approve Construction Plans & Specifications and Development Contract. k. Approval of 2005 Liquor License Renewals. Resolution#2005-33: l. Approval of Resolution Designating the National Incident Management System (NIMS) as the Basis for All Incident Management in the City of Chanhassen. Resolution#2005-34: m. Approval of Prepayment of G.O. Bonds Series 1998B, Callable February 1, 2005. n. Amend Development Contract for Pinehurst Development. o. Approve Contract with Casablanca Orchestra for Fourth of July Street Dance. All voted in favor and the motion carried unanimously with a vote of 4 to 0. 1(C). APPROVAL OF 2005 LAKE ANN BEACH LIFEGUARD CONTRACT. John Raby: I’m John Raby. I’m the President of Minnesota Safety Services. Just quickly I just want to, just my 5 minutes real quickly just to ask the council to consider pulling the consent agenda item out and discussing it on the floor. Quickly why I think we should do that. Because you need to realize that my company, we put a bid in to take the lifeguard services on and I just want to make sure you realize that the Lake Ann Park lifeguards are part of a 6 city group. We’ve done this for a long, long time. 6 cities have been together with 8 beaches. Minnetonka Community Services has run that program. I’ve been involved in that program since 1978. Started lifeguarding at Lake Ann in 1980. Been the Director of that program since 1989. So it’s about 15-16 years. Two things, Excelsior has sent a letter of intent to sign with my company. Deephaven has signed a contract with my company so 2 of the 6 cities are onboard with Minnesota Safety Services. That’s 4 of the 8 beaches. Alright. My private company brings to 3 City Council Meeting – March 28, 2005 your city my 16 years of directly supervising beaches at Lake Ann. A tried and tested service of in service training and supervision. I have 37 experienced guards ready to go. When I say experienced guards, these are guards who have all worked on beaches before in this community. They’re all…staff last year. 6 of those lifeguards were primarily located on Lake Ann last summer. The 2 remaining ones that were on Lake Ann last year, 1 is in Europe and I haven’t been able to find him yet but I’m sure he’ll surface sooner or later when he gets back in town. The other one I’m not inviting back. The quality wasn’t there and the nice opportunity here is I can do a little bit of a cleaning house. My company, also in addition to that, 4 of the other guards of that 37, not last year but sometime in the past years were full time guards on Lake Ann, so out of the 37, 10 of those staff have experience on Lake Ann quite a bit of it. Okay, my company can create new ideas. We can make changes in programming very quickly. We don’t have to go through the process of community services director, superintendent, school board. It’s a private company. We can just move forward and make decisions. We have actual experience in what you need at Lake Ann. Not just theoretical, but we have actual experience. For example, Lake Ann. You guys rent, you have the rental system out there. The lifeguards end up having to go out and make rescues of the rental people. We have to train the lifeguards how to row rowboats. How to make rescues with rowboats. How to tow tipped over canoes and paddle wheels back to the beach, alright. And again it’s not part of the contract. We’re really just responsible for the beach area but of course we’re the people that logically take care of that, and again we have that training. We teach them how to use rescue boards. Not your back board type but actually like surf boards where you can go out and actually use those kind of rescue techniques. We also have techniques for using, for teaching how to use spinal injuries in shallow water situations. Again these are all situations that are beach related water front training. If a person says they are a lifeguard instructor, if they’re not a waterfront lifeguard instructor, they don’t have this training. Alright. I’m a waterfront lifeguard instructor trainer. That means I can actually teach people to teach people how to do this. Okay. Extra staffing needs. The contract doesn’t say it but you th guys need extra staffing on certain days. For example July 4. I know exactly what shifts we th need to add. Okay, I know what days around the 4 of July and other days that you guys are usually busy. It’s from history. It’s not from just theory. It’s actually knowing how to do it from doing it. Okay. A question was asked during the council meeting, the park commission meeting. It was asked of the community services department, what do they do as far as if there’s an accident or incident, what do they do as far as debriefing. I’d like to answer that question. It wasn’t asked to me but I’d like to answer that question. I’ve been involved in 3 pretty serious situations on Lake Ann Beach. All 3 of those situations alright, we met with the staff. We evaluated what happened. Two of those we changed protocols. One of those we did not. We had a situation in Excelsior, and in Excelsior we actually changed the facility. Okay, we did the same thing at Tonka Bay. Went through the situation with the rescue and we changed the facility, so again the question is yes. We actually sit down. We debrief and we go through things. We’ve had lots of experience working with law enforcement locally. We went through a situation where we found a lot of kids living in the park. The police department worked with us and that was solved. We went through a drug situation down there. We started working with the sheriff’s department and we got rid of the drug situation. Our most recent situation is people hanging out in the park after hours. Our guards are finding them there and seeing traces of that. We’ve been working with the sheriff’s, that’s kind of gone away. So just basically, real quickly, the two cities basically on board again. I don’t have a signed contract from Excelsior but I have a letter of intent saying that my only stipulation is that another city signs. Well Deephaven has 4 City Council Meeting – March 28, 2005 signed so that stipulation has been met. I have 2 cities on board, 4 out of the 8 beaches. My personal experience of 26 years of lifeguarding. For 16 years of management here at Lake Ann. The staff is experienced and ready to go. Alright, I’d hate to see Lake Ann pull away from the other cities and lose the strength that you’ve gotten from having the ability, if Deephaven is not crowded and you guys are crowded, we can send a guard from Deephaven down. We have that kind of power to share staff. And again, my training, I’m not your typical director. I was involved in the national level in the current lifeguard training program. I was one of the technical directors of that program and also, I was also part of the development team in the junior lifeguard program so I’d really like to have the opportunity for the council to really get all the information and ask questions before they take something like public safety and just do it that quickly. Thank you. Mayor Furlong: Okay, thank you. Since we’re dealing with this item now, I believe there are, are there representatives from Minnetonka Community Education? Would you like to also address the council? Tim Littfin: Sure. Thank you Mr. Mayor, City Council members. My name is Tim Littfin. I’m the Community Education Director with Minnetonka and also bidding on the services to provide lifeguards and do instruction for swimming lessons at Lake Ann Beach. Mr. Raby spoke of the fact that Deephaven did go with his company but Excelsior has not yet. That decision is next week at their next City Council meeting. As are the other cities, so they’re all pending right now, just like your’s is. Minnetonka Community Education Services has a long reputation dealing with Lake Ann Beach. Mr. Raby has done some of that service for Minnetonka Community Ed in the past. He is no longer employed by Minnetonka Community Education Services. We’ll go forward with new people and we’ve got new guards. We’ve got former guards. We’ve got past guards. Some of the lifeguards that Mr. Raby spoke of are some of the same guards that Community Education has currently working in two of our year round pools and they are committed to Community Education as well in the summer, so we have perhaps a little interesting situation with some of the guards but I believe they’ll go where they can get more hours and I think those hours will exist with Community Education. And so we’ve got a reputation on the line with Chanhassen. It’s been a good one. You’ve got people in place to stand behind, not only the Director which is Sarah Best, our Aquatics Director. She stands behind me. She was formerly the Aquatics Director at Flagship and she’s ready to go as are many of our guards and Community Education is proud to represent Chanhassen at Lake Ann and we look forward to doing that again. If there’s any questions I’d be glad to answer them. Mayor Furlong: Okay, thank you. Questions at this time? Okay. Thank you Mr. Littfin. Tim Littfin: Thank you. Mayor Furlong: Mr. Hoffman, we kind of got into the comments here but from a staff’s standpoint as well, maybe you could just for the record at the council, even though it’s in the minutes, talk about the Park and Rec Commission. Todd Hoffman: Sure, absolutely. The City has two contract proposals before you that are both qualified. Both of these providers are qualified to provide the service. Really what it comes 5 City Council Meeting – March 28, 2005 down to for our community is that we have one of the providers that has a services contract for 27 years, or there about’s at Lake Ann. That being Minnetonka Community Services and the Minnetonka school system. Or we have the choice to go with the start up company which has not been proven as of yet so from a staff perspective, and I think from your commission recommendation, we really see that there’s a clear choice to stay with our contract provider of Minnetonka Community Education Services for that contract. Mayor Furlong: Okay, thank you. Any questions for staff? Councilwoman Tjornhom: Mr. Hoffman I have a question regarding their bid. Minnetonka Community. Do they do other parks obviously besides Lake Ann? Their bid, did they come in like it normally would, like last year’s bid? Was it the same or was it lower? Todd Hoffman: I believe it was exactly the same number. Councilwoman Tjornhom: Exactly the same so you don’t see that bid going up extremely in the next year or two? So it wasn’t like an unusually low bid just for this year to get the contract? Todd Hoffman: No. Councilman Peterson: Do you remember what last year’s was? Todd Hoffman: Lifeguard contract? I think it was the same? Mayor Furlong: Okay. Any other questions? If not, comments. Discussion with regard to this matter. Councilman Lundquist: Mr. Mayor, when I was looking at this item I think it comes down, for me it came down to looking at the company versus the person I guess is how I looked at it. So I look at 20 plus years with Minnetonka Community Ed versus the person who was kind of coordinating and running that program for a good share, if not the majority of those years. And I respect Mr. Raby for his start up and his efforts going forward with that but I’m willing to give credit for 20 plus years of service with Minnetonka Community Ed and from my discussions it doesn’t, there haven’t been any real big issues or uncommon issues in that relationship so. I think I’m willing to give some credit for that past relationship and go forward with another year. Obviously you know it’s a matter of public safety so we don’t do it lightly, but with the reputation that Minnetonka schools and their community ed has on the line, I’m sure that they’ll do their best to provide a safe environment on our beaches. And if not, you know we will react accordingly and swiftly as well so, I think I’m not willing to make a change at this point based on that previous relationship and previous history there and stick with someone the staff is comfortable with and they have to work that every day and coordinate that as well, so that puts a lot of weight with me as well. Mr. Raby, thank you for your application as well and you know we’ll see what happens this year I guess and react accordingly if we need to make a change. Mayor Furlong: Thank you. Other comments? Councilman Peterson or. 6 City Council Meeting – March 28, 2005 Councilman Peterson: Mr. Mayor, I would agree. I think I would just…that by saying I think Minnetonka’s going to be challenged over the next 12 months more than it has probably over the last dozen or so years so I think they need to rise to the occasion, but I think they should be given the opportunity to do so. And just noting, they know that they’re going, whenever they go through a change of people that you’ve got to rise to the occasion and execute so I fully expect them to do that. If they don’t, we’re open to alternatives then. Mayor Furlong: Very good, thank you. Councilwoman Tjornhom, comments? Councilwoman Tjornhom: I guess I concur with these. Mayor Furlong: Okay, thank you. And I don’t need to repeat but my comments and thoughts are similar. I think the fact that we do have two qualified organizations is a plus. We can go with either one. I look, when we select any vendor, to staff and to the commissions and their recommendations and if there’s a compelling reason to change, certainly we as a council have shown inclination to challenge those issues and to ask the questions but I don’t see it here. We engage organizations as opposed to individuals as, in this case in terms of outsourcing and so I think again I would reiterate my fellow council members comments, it’s always with the execution that counts, especially when there’s competition and sometimes competition can breed excellence as well so, that’s what we’ll be looking for but I am very comfortable confirming the staff’s and commission’s recommendation to stay with Minnetonka Community Education for reasons stated, plus others that are in the reports and commission minutes so, very comfortable there. Is there any other discussion? If not, is there a motion? To approve or a motion. Councilman Lundquist: Just for another point Mr. Mayor, if I might. Mr. Hoffman, something in this situation as Councilman Peterson said, the challenges that are out there, to just keep us informed and keep us, let us know what’s going on so that obviously a lot of kids and people out at Lake Ann and we want to make sure we’re providing the best service for them too so if we have an issue, please bring that up swiftly and let us know what’s going on so we can make a change if necessary. Todd Hoffman: Certainly will. Councilman Lundquist: Thank you. Mayor Furlong: Thank you. Any other discussion? If not is there a motion? Councilman Peterson: Motion to approve 1(c). Mayor Furlong: Thank you. Is there a second? Councilman Lundquist: Second. Mayor Furlong: Made and seconded. Any discussion on that motion? 7 City Council Meeting – March 28, 2005 Councilman Peterson moved, Councilman Lundquist seconded to approve the contract from Minnetonka Community Education and Services in the amount of $27,555 to provide lifeguard services at Lake Ann Beach for the 2005 season. All voted in favor and the motion carried unanimously with a vote of 4 to 0. VISITOR PRESENTATIONS: Al Klingelhutz: Mayor and council. I’m Al Klingelhutz. I live at 8600 Great Plains Boulevard and I don’t know if you’ve heard about this before but I’ve been watching you fellows on TV and you’ve got blue colors and you’ve got green colors and buzzing noise constantly. It’s hard to decipher what’s being said and I’m just wondering if there’s something wrong with your, with the equipment or what causes all this. Have you ever been told about this before? Mayor Furlong: We have, and that’s why staff probably has a response or at least a working on the problem sort of comment. Todd Gerhardt: Mr. Mayor, council members, Al. We just installed a new Blonder Tongue, and everybody’s wondering what a Blonder Tongue is but it controls the volumes and also how the picture is distributed out into the network and I think we installed that about a week ago. So we are constantly tweaking the system. Like anything that’s mechanical, you always have to make adjustments to it so, but we appreciate your feedback on it and we are working on the issue and trying to correct it. Al Klingelhutz: Well that’s good because I think it was kind of a farce what was coming through. They raise their hand and scream and raise the other hand, it’s a different color. Over the face looks blue and the buzzing noise is almost as loud as the people’s voices and it’s just really hard to watch and I still like to watch the council meetings and the county commissioner meetings and it’s kind of tough. Mayor Furlong: Okay, thank you. Debbie Lloyd: Debbie Lloyd, 7302 Laredo Drive. I’ve been thinking about how I say this so bear with me as I say it very slowly. Tonight you’re going to be considering many great applicants. Our city’s very fortunate to have applicants come forward for commissions. My concern is that some of the applicants may have an affiliation with a development company, which is a positive thing to get that kind of expertise in a commission. However, if those experts have to recluse themselves from very important discussions and if there’s one or more, than a planning commission could fall very short on hearing an array of opinions on an issue that’s presented to them. So I’m sure you know the background of the applicants and I would just request that you give that some serious consideration. Thank you. Mayor Furlong: Thank you. We’re still within visitor presentations if anybody else would like to come forward and address the council on any matter. Please do so at this time. Seeing none then we’ll move on with the rest of our agenda. We do have visitor presentations at every council meeting so we certainly encourage people to come forward and provide their comments to us at this time for each meeting. 8 City Council Meeting – March 28, 2005 LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE. Sgt. Jim Olson: Thank you. What a beautiful day it was today. I do have in front of the council in my packet the sheriff’s office area report for the month of February. The citation list for the month of February and the Community Service Officer report, and I also have a couple miscellaneous items that I want to cover. Total calls for service for the month of February were down by 56 compared to last year, and the criminal calls were up by 1 for the month compared to last year. Couple things that I want to comment on in the packet. Traffic stops were up by 32 for the month and they’re up by 95 traffic stops for the year to date. Citations are up by 78 for the year. The squads have certainly been hitting traffic real hard this year. With the nice weather in February, accidents were down as well as motorist assists. They might be up a little bit. We had that snow that we had a couple weeks ago, we had quite a few cars in the ditch and so on, so motorist assists I think will be up for March a little bit. I also mentioned last month that we had some burglaries in the city, and that’s a reflection in that number which went up from 3 last year to 6 this year. Any questions at all on the monthly numbers? Mayor Furlong: Questions for the sergeant. On the, just a quick question Sergeant. I did notice too you mentioned that the traffic stops were up. Is that a concerted effort? I know that’s an issue that we hear often from residents about speed in the residential areas, as well as on the main roads and illegal passes. Is that just an added concerted effort on your part or is there something else? Sgt. Jim Olson: I have stressed that quite a bit to the deputies, about traffic stops and traffic safety and all traffic education and how important that is for the people coming through Chanhassen. Mayor Furlong: Okay. And you’ll probably mention it but as we’re getting into the spring months here we’re going to have more children on bikes on the street. Sgt. Jim Olson: It just so happens that’s what I’m going to talk about. Mayor Furlong: Am I leading you in? Sgt. Jim Olson: Yes it is. Mayor Furlong: Okay, then I’m done with my questions. Sgt. Jim Olson: I’ll get to that in one second here. I want to talk briefly about the schedule nd change which we’re having, which is coming up on May 2. Deputies are currently on an 8 nd hour schedule and they will be switching over to a 12 hour schedule on May 2. And then along with that 12 hour schedule change, we’ll also be putting on the traffic enforcement car on May nd 2 so that will be a good thing for us here in the city. The car will be dedicated to traffic enforcement and looking forward to that. That will be a positive for the citizens. I can have that car concentrate on those areas that we’ve had issues with and problems with in the past so, that nd will be starting May 2. And going back to the traffic safety, it is nice, cars are out there. And as well as, when it warms up people tend to go a little faster. As the ice comes off and the snow 9 City Council Meeting – March 28, 2005 comes off, along with that we have more people that are outside walking and kids that are playing and people walking puppies and so on and so forth. So for the people that are driving through neighborhoods, slow down a little bit. That’s very important. Also if you have young children, or not young children but young drivers that are driving, talk to your kids about traffic safety and traffic education in those neighborhoods as well. Traffic problems are a community problem and we need community, excuse me, citizens help to assist with that. So that’s very important for us this time of year. I also wanted to briefly touch on ice safety. With the recent warm up I’d like to caution people about going on the ice. I’ve seen some recent articles and some things that I’ve read about cars going through the ice around the metro area. And just in the past few days I’ve seen cars on some of the county lakes and you know be careful. Going through the ice puts many people in danger. The ice is thinning up very quickly, especially with days like this, and tomorrow and so on so be very careful when you’re out on the ice here, or if you think about going on the ice. Anything else for the sheriff’s office this evening? Mayor Furlong: Questions for the sergeant? Councilman Lundquist: Too nice of a day, you couldn’t, you don’t have a wing man to introduce to us tonight so they must all be off walking their dogs. Sgt. Jim Olson: Yeah, it is a beautiful day. Thank you very much. Have a nice evening. Mayor Furlong: Thank you Sergeant. Chief Geske. Chief Gregg Geske: Good evening. I’d like to thank Mr. Klingelhutz. Anything he can get to make me look better and talk better on TV… First of all I want to apologize, I didn’t get a th chance to get the numbers in your council update. I was out of town but as of March 6 we’re at 96 calls for the year compared to 127 for last year which is down 31 for this year. Currently we do have 42 active fire fighters. Held our annual pancake breakfast with the Lion’s here a couple weeks ago and had a pretty good turn out. Again something we enjoy that we get to meet with the people. A lot of people bringing up their kids and stuff and got to go through the fire equipment so we enjoy people coming out for that. Spring fever has set in. Of course with the nicer weather outside, winter months and stuff we do a lot of training inside for our medical training and the hazardous materials and stuff so it will be good for us to get outside and do some training here and look forward to that. We get kind of spent up inside doing training too so people are looking forward to that. We’ll be advertising in the near future here in the paper and other applications and stuff for some fire fighters and we’ll probably be adding a class in June so if anybody is interested in that, they can contact Mark Littfin, the Fire Marshal at City Hall for an application, put an application in. Didn’t have any structure fires since the last council meeting. We responded to a mutual aid for a couple cities that we went to. Mayor Furlong: Thank you. Any questions for the Chief? Councilman Lundquist: Chief Geske, as we get into the spring months again, I know a lot of people have a tendency as they’re cleaning up their yards to you know, rather than bag that stuff up and things, they like to make a pile in the back yard or something like that and light that up. Do you have, can you make some comments on. 10 City Council Meeting – March 28, 2005 Chief Gregg Geske: Yeah, the City of Chanhassen basically is, you can have recreational fires which are held in a 3 by 3 area and have to be contained with, whether it be bricks or blocks. You know rocks and stuff to contain it. And that’s designed to burn regular wood and stuff. Not leaves and other refuse and stuff like that so they can’t get rid of their refuse that way but they are open to have a recreational fire as long as it’s kept by 3 foot by 3 foot area. If it does get real dry and stuff, we do usually put out issues that you know if we band recreational fires but currently they’re open and that’s the only burning that they are allowed to do in the city. Councilman Lundquist: Okay, thank you. Mayor Furlong: Anything else? Todd Gerhardt: Chief Geske, they still have to come in and get a permit for that recreational fire. Chief Gregg Geske: Not for a recreational fire. There is, you can apply, if you do have some other burning that you want to do, there can be an application put in for an open burning basically but for recreational fires, you’re not required to do that so. But you cannot just pile the leaves up and burn in the yard and stuff. If you have clean wood and stuff, somebody’s brushed out an area, you can put in for an application for a burning permit that would be required and that usually, the person has to call in. Let the County know that they are doing the burning so as soon as the city residents call because they see a fire, we don’t get paged out for it and stuff so. There’s a process for that and they can contact us if they’re interested in getting a burning permit. Mayor Furlong: Okay. Anything else? Chief, thank you. Chief Gregg Geske: Thank you. Mayor Furlong: Appreciate it. PUBLIC HEARING FOR TH 212/101 GAP BONDING PROJECT ITEMS, PROJECT 03- 09-3. Public Present: Name Address Jim & Jan Sand 366 South Tenth Avenue, Waite Park Ken Wencl 8412 Great Plains Boulevard Al Klingelhutz 8600 Great Plains Boulevard Paul Oehme: Thanks Mayor, City Council members. This is public hearing is for the assessments and bonding as related to the improvements of 212 project and the 101 gap project. As council may recall a public hearing was held on September 13, 2004 for the 2005 MUSA improvement area, and some of those improvements were planned to be built in conjunction with 11 City Council Meeting – March 28, 2005 the 212 project and under the 212 contract itself. The public hearing tonight though is for the rest of the improvements to be built in conjunction with 212 that are not, that were not covered at the September, 2004 meeting. Also included is a proposed 101 gap project. This hearing will fulfill the city’s requirements for bonding and assessments and for public notification. The city’s considering bonding for the portion of the city improvements to be constructed in conjunction with the 212 project. The city is considering using the State loan program that MnDot has created through a special legislation program was established to assist in paying local share of the trunk highway projects that have local costs and that are directly or partially related to the trunk highway improvements. The drawing here before you is included in your packet and this identified some of the improvements that are proposed to be included in the 212 project and related assessments and bonding items. Again this is the proposed 212 going through the middle of the page here. Lyman Boulevard is currently right here. Powers Boulevard will be extended down to Pioneer Trail and Pioneer Trail will be realigned at that location. Roadway improvements associated with this particular public hearing tonight is for turn lanes on Pioneer Trail at the intersection of Pioneer Trail and Bluff Creek. Lyman Boulevard trail which Lyman Boulevard turn lanes, which is basically at the old 101 to facilitate new development in the area. Turn lanes at 101 which will facilitate new, which will be for new development in this area as well. Lake Susan Drive turn lanes to be constructed along 101 and Lake Susan Drive to facilitate the connection to the realignment of 101. And Lyman Boulevard, the reconstruction portion from Powers Boulevard basically to Lake Susan Drive. That’s the city cost associated with the improvements to Lyman Boulevard. Other improvements include the bridge that is currently proposed along Bluff Creek. On Bluff Creek. It will cross Bluff Creek. City staff still working with MnDot on those costs and trying to reduce or eliminate them if we can. Trail improvements proposed for improvement are along Pioneer Trail. The whole corridor which will be reconstructed. Powers Boulevard from Lyman Boulevard down to Pioneer Trail, and 212 main line trail which is from basically right in back of Lake Susan Drive from old 101 to Lyman Boulevard shown here. Lyman Boulevard trail, which is from 101 to Powers Boulevard and Lyman Boulevard a retaining wall which is right here that has to be constructed to facilitate the installation of the city trail that is proposed. Lake Susan trail, it’s the extension of the trail from new 101 to the old 101. Just having a continuous system out in that area. And then the Bluff Creek trail as well, that’s the extension of trail from Pioneer Trail down to the construction limit of Bluff Creek. That trail will be extended in the future at a later date. Single improvements are included at Lyman Boulevard and 101. Shown here Lake Susan Drive, the proposed signal at this, at Lake Susan Drive and 101. And then the signal at Bluff Creek Drive and Pioneer Trail. th Street lights are also proposed intermittently along 101 from Lyman Boulevard to 86 Street. Storm sewer improvements, the city’s responsible for a small portion of the pond that will be going in at the south loop of 101 and 212. And then sewer and water extension south of Lyman Boulevard to facilitate new development in the area. So those quickly are the improvements in conjunction with the 212 project. Staff has also proposed to include state bonding for the 212, or the 101 gap project. The project has not yet been approved by council, as you know, but it is appropriate to include this project in the bonding public hearing process at this time so additional bonding hearing does not have to be held at a later date. No improvements in conjunction with the 101 project are proposed to be assessed at this time. The bonding amounts for the 101 gap project are not expected to be finalized until the construction, the contract has been awarded and that’s, we’re anticipating September of 2006. A separate municipal consent public hearing to th consider the merits of that project will be held on April 25 and those notices have been just sent 12 City Council Meeting – March 28, 2005 out to the property owners in that area so the public can comment on those proposed improvements. Quickly the 101 project. 101 gap project is a segment of approximately a half th mile roadway realignment of existing 101 from Lake Drive to 86 Street. The city will be responsible for the trail improvements associated with the 101 project. The turn lane, the city has some costs associated with the proposed turn lane at Mission Hills on 101, a right-in/right- out at that location. The trail underpass, currently the trail is an at grade crossing of 101. We’re proposing to make that an underpass so that would be a city cost. Curb and gutter and storm sewer improvements on old 101, and then sewer and water relocation to facilitate the underpass of the trail at 101. Those are additional costs that the city would be responsible for and then also the, we’re considering adding street lights to this corridor consistent with what is going to be proposed along 101 in conjunction with the 212 project. The loan agreement that the state has th anticipated to be considered for authorization in April, probably April 11. The assessment hearing for the improvements is anticipated to be in June. The assessment hearing will date, has not been determined yet. Staff has not received a final cost from the design build contractor for 212 for those improvements so once we have those costs, we can calculate the assessments. The assessments that we’re talking about tonight are just for, are just preliminary. The bonding portion of the project and the assessments shown on this sheet and I did hand out, this was in your, some of this was in your packet. The 101 gap portion evidently was not included for some reason in the packet so I’d like to talk about that a little bit. The state bonding portion is approximately $1.4 million dollars. And then the assessment amount and the assessments are for, or the assessments are for property owners in the 212 area and they’re related to turn lanes, sewer and water extension and a signal portion. Those assessments are estimated to be about $169,000. And then the state portion, state bonding portion for the 101 gap is estimated currently at $313,000. The portion, the project as proposed tonight staff feels is necessary and cost effective and is feasible and at this time staff recommends that the public hearing be open for the 212 and 101 gap bonding and assessment project and I stand for questions. Mayor Furlong: Thank you. Questions for staff. Just for clarification here, tonight are we dealing with any of the aspects of the projects themselves from how they’re being built or what they’re doing? This is strictly relating to just the financing of the 212 project and what we anticipate in maybe the 101 gap project. Paul Oehme: Right, exactly. We’re talking tonight about just the bonding portion and the assessment portion of the project. We’d like to consider moving forward with the 212 improvements, ordering the project tonight but the assessments are, there will still have to be an assessment hearing and those improvements still have to be considered. Mayor Furlong: For both projects? Paul Oehme: For the 101 gap project, right. And then the assessment hearing would follow sometime in June and after we have the assessment hearing, then we would order the project. Mayor Furlong: Okay. So just again for my clarification and others. The issue here tonight is, is this a reasonable way for the city to fund it’s portion of the 212 project and the 101 gap project. Not necessarily the design of those projects. Or the merits or feasibility for, or if we go forward, how they’re done. 13 City Council Meeting – March 28, 2005 Paul Oehme: Exactly. We’re still going to have another public hearing on the 101 gap project. Mayor Furlong: On how to do it. Paul Oehme: On how to do it. The merits. The access issues. How it’s designed, the layout. Those type of things… Mayor Furlong: And that’s coming…for later in April. th Paul Oehme: I’m sorry, yeah. That would be on April 25, and notices have been sent out to the property owners in that area for that. Mayor Furlong: Alright. And the assessments tonight, the only assessments I see are related to the 212 improvements. The way staff is looking at it right now with regard to the 101 gap, there wouldn’t be no property assessments as a means for funding that project. Paul Oehme: That’s correct. Mayor Furlong: Okay. Alright, any other questions for staff? I guess one follow-up. There’s no requested action tonight but to take in public comment for the record so that we have that in consideration of when we consider the bonding question next meeting. Paul Oehme: That’s correct but as a caveat and as a housecleaning item, we should really order forward the improvements for the 212 portion of that. Just order them forward, move it, we’re not approving those improvements, and constructing them. That will happen after the assessment hearing but in order to follow the 429 process, the assessment process, we should order the assessments or the improvements for the 212 project forward at this time. Mayor Furlong: Ordering the improvements forward for the 212. Paul Oehme: Yeah, just for the 212 portion. We need to do that because of the assessments associated with the improvements so. So we’re not approving the improvements but we’re just, we’re ordering forward so we can take it to the next step to have that assessment hearing. Todd Gerhardt: We’re ordering the project and that you will have final plans and specs coming this summer and the final assessment hearing will also be held late spring, the summer. This is a mechanism that we need to do to qualify as a part of the state loan program. Mayor Furlong: Okay. And that, and again that deals with the 212 project. 212 portion of the improvements only. Paul Oehme: Right, right. Mayor Furlong: And that’s the only one at this point that has assessments associated with it. 14 City Council Meeting – March 28, 2005 Paul Oehme: Correct. Mayor Furlong: Okay. Anybody else want to try a question? If not, thank you Mr. Oehme. Why don’t you stay close in case there are questions but again we’ll open the public hearing at this time with regard to the matter of the financing or using public bonding for the financing of these two projects. At this time I would invite anybody interested in making public comment to come forward. To the podium. State your name and address to address the council on this matter. Councilman Lundquist: You guys have got to do rock, paper, scissors. Todd Gerhardt: No, Al’s got a stick. Ken Wencl: Ken Wencl at 8412 Great Plains Boulevard. That was a very fine presentation but I really didn’t understand it all. It went pretty fast for me and you asked, Mayor you asked a question about are we talking about only financing or are we talking about some physical things taking place or being approved tonight? There are some things about the 101 gap, how it’s going to leave the present 101. Mayor Furlong: Right, and I think, and that’s why I tried to ask that question Mr. Wencl but just to clarify Mr. Gerhardt. Or Mr. Knutson. Tonight is only about how we propose to fund the project. It’s not about the design or how the project will be completed, is that? And maybe there’s a better way to say that but we’re talking about financing it as opposed to how we’re, what the project will include. Roger Knutson: Also as Mr. Oehme said, you’re ordering the project. You’re ordering the project to go ahead. Mayor Furlong: For the 212 improvements. Not the 101 gap. That there will be a separate public hearing on that project in March. Roger Knutson: Yes. Councilman Lundquist: April. Mayor Furlong: April, I’m sorry. I mean this is March. Two meetings from now so. Does that clarify? Ken Wencl: Yes it does. With our present taxes and we hear the big word assessment, it kind of gives us a cold shiv up the back of our neck so we want to be notified and I’m sure we will about how this thing is going to be paid for and things of that type but thank you. Mayor Furlong: Thank you and that is just to clarify, that’s the information that was presented here. The improvements associated with 212, which were most of those that Mr. Oehme presented on that chart, a portion of those are to be assessed to the benefiting properties is what’s being proposed. The majority will be financed with bonding. Under the 101 gap project there 15 City Council Meeting – March 28, 2005 are no proposed assessments to be included there in terms of financing the 101 gap project, am I correct on that? Todd Gerhardt: Yes. What we’re doing this evening, as Roger explained is we’re ordering the project. We’re not approving the final design. We’re not approving the final assessment dollar amount. We’re holding a public hearing to take citizen comments on should we do these projects or not, and allow everybody the opportunity to speak on that 101 project, 212 project and to give us feedback on should we move ahead as a part of that. Ken Wencl: Thank you. Councilman Lundquist: The important point being, again just for clarification, for tonight’s, as far as the 101 gap project is concerned, we are not proposing assessments to help fund that project. Todd Gerhardt: Well, let’s see. Paul? Paul Oehme: That’s correct. Todd Gerhardt: That’s correct? Paul Oehme: The 101 gap we’re not proposing any…it’s just for the 212, some of the turn lanes and the signal and then some of the sewer and water improvements. Councilman Lundquist: And the enterprise funds are taking care of the 101 gap. It’s just the assessments are for the 212 portion. Paul Oehme: Right. The enterprise funds and then the state bonding will pick up the difference. Councilman Lundquist: Okay, thank you. Mayor Furlong: Okay, thank you. We’re still in the public hearing. If there’s anybody else who’d like to provide comment to the council, please come forward at this time. If there’s nobody else that wishes to comment on this, without objection we’ll close the public hearing. Without objection, we’ll close the public hearing and bring it back. There is a desire for action tonight so bring it back to council for discussion. Just clarification, you want a motion ordering the 212 improvement project. Paul Oehme: Just the 212 portion. Mayor Furlong: Okay. Is there any discussion or if not is there such a motion? Councilman Lundquist: Motion to order the 212 project. Mayor Furlong: Forward. 16 City Council Meeting – March 28, 2005 Councilman Lundquist: Forward. What he said. Mayor Furlong: What he said, yeah. Councilman Peterson: Second. Mayor Furlong: Second made. Made and seconded. Is there any discussion on that? This is part of a multi step function and I give staff credit for keeping it moving forward and keeping it straight so. Resolution#2005-35: Councilman Lundquist moved, Councilman Peterson seconded approved a motion to order that the 212 project go forward. All voted in favor and the motion carried unanimously with a vote of 4 to 0. APPROVE PRIVATE DRIVEWAY EASEMENT ON CITY OWNED PROPERTY, FILE NO. PW-0087G. Todd Gerhardt: Paul, you want me to give this or do you want to give this report? I can. That’s fine, I can do it. If you turn to the page where you have the alta survey and you see Lake Drive East. In the lower center of the drawing you’ll see a survey line that goes through half of the Sinclair gas station driveway. The Sinclair station is being sold and there is a closing planned for this week so they’re asking for us to allow that driveway to stay and grant them an easement for that driveway. We’ve asked that they provide us a legal description of that area and also a right of access by that driveway. With that staff is recommending approval of the easement agreement. Mayor Furlong: Any questions for staff? Councilman Lundquist: So we’re looking, Todd are we looking for access to the station or is there something that we own on that property next to that that we need access to? Todd Gerhardt: We own the property to the east of the driveway, or to the left as you’re looking at it. There’s right-of-way. Justin Miller: The pedestrian bridge. Councilman Lundquist: To the west of the property, pedestrian bridge. Todd Gerhardt: That’s correct. Councilman Lundquist: Okay. Alright. Todd Gerhardt: There’s also an NSP power line so it’s considered right-of-way. NSP may also access. 17 City Council Meeting – March 28, 2005 Mayor Furlong: Mr. Knutson, you’ve reviewed this and comfortable with it for us to take action? Thank you. Any other questions for staff? If not, is there any discussion? Councilman Lundquist: Motion to approve. Mayor Furlong: Motion to approve staff’s recommendation. Thank you. Is there a second? Councilwoman Tjornhom: Second. Mayor Furlong: Made and seconded. Any discussion on the motion? Councilman Lundquist moved, Councilwoman Tjornhom seconded to approve the Private Driveway Easement on city owned property, File No. PW-087g. All voted in favor and the motion carried unanimously with a vote of 4 to 0. APPOINTMENTS TO COMMISSIONS. Mayor Furlong: I’ll start on this one with some comments. We have four commissions that assist the City Council in considering matters, depending on the nature of the matter that they may be involved with the Planning Commission, Park and Rec Commission, Environmental Commission and Senior Commission. This evening and 2 weeks ago we met with a number of candidates for each of the commissions. There are two positions open on the Planning Commission. None of the incumbents have sought for reappointment. We have 3 positions available on the Park and Rec Commission with some incumbents applying for reappointment. Environmental Commission, 2 positions available. 1 incumbent applying for reappointment and on the Senior Commission 2 positions available and 2 incumbents. After consideration of the various applicants and a number of discussions, it was, and while we have discussed, I’m providing here in public forum and then I’ll ask for a motion for these appointments. Let me start by saying that this was one of the more difficult decisions to try to come to because of the quality of candidates and applicants that we have. We have a number of positions open but we have more qualified people than we have positions to fill, and so in each of these cases it’s clear to me, and I think I can speak for the council that those that may not receive appointment, it’s not for lack of quality or ability to provide. It’s more variety of other reasons but that we sincerely thank everybody that saw to participate in the process and to assist the council on many issues that come forward for the city and to represent their neighbors, friends and other residents on these commissions. That being said, with consideration given to all the issues for the Planning Commission, for the 2 positions available, council is going to be appointing Mark Undestad and Deborah Zorn to the 2 positions. For the Park and Recreation Commission the council will be appointing Glenn Stolar, Paula Atkins, and Steve Scharfenberg. And on the Environmental Commission council will be appointing David Wanek and Lee Scholder. And for the Senior Commission we will be appointing Jean Mancini and Mel Kurvers. I guess I would ask for a motion to confirm those appointments. Councilman Peterson: Motion to approve. Mayor Furlong: Thank you. Is there a second? 18 City Council Meeting – March 28, 2005 Councilwoman Tjornhom: Second. Mayor Furlong: Made and seconded. At this time I would certainly ask if there are any comments from my fellow council members with regard to the motion. Any comments or discussion. Councilman Lundquist: Comments or discussion on the motion myself. As we had in our work session I would concur with your comments Mr. Mayor. I will vote no on the motion because of the Park and Rec Commission. I support all of the other candidates but would have liked to have seen a change on the Park and Rec Commission so just as a clarification. Explanation for the vote there but would concur that we have more qualified candidates than positions and also for comments made in the visitor presentations, I think for the record that was an issue that we took up during questioning and in fact asked that specific question of that applicant and assured ourselves as a council that that wouldn’t be an issue, and certainly was a concern of our’s as well. Ms. Lloyd, I thank you for bringing that comment up as well so certainly one to be considered there, so thank you. Mayor Furlong: Thank you. Any other discussion? If not, we’ll proceed with the vote. Councilman Peterson moved. Councilwoman Tjornhom seconded to appoint Mark Undestad and Deborah Zorn to the Planning Commission; Glenn Stolar, Paula Atkins, and Steve Scharfenberg to the Park and Recreation Commission; David Wanek and Lee Scholder to the Environmental Commission; and Jean Mancini and Mel Kurvers to the Senior Commission. All voted in favor, except Councilman Lundquist who opposed, and the motion carried with a vote of 3 to 1. COUNCIL PRESENTATIONS: None. ADMINISTRATIVE PRESENTATIONS: Todd Gerhardt: Mayor, City Council members. The Chanhassen Rotary Club has a new 2005 Distinguished Service Award and is asking the Chanhassen City Council to provide a recommendation on 3 of the excellent candidates that I handed out to you. They are Al Klingelhutz, Vernelle Clayton and Ladd Conrad. And Vernelle has been very active in the Chamber and development activities in the community. Ladd Conrad spent 20 plus years on the Planning Commission. And Al Klingelhutz has been mayor of Chanhassen, county commissioner and also has volunteered in many aspects of, in the community. At this time staff would ask the City Council to make a recommendation and vote on that. Of 1 of the 3. Mayor Furlong: Thank you. Okay. Thank you. Councilman Lundquist: You’re asking for action on that item? Todd Gerhardt: Yes. City Attorney has asked that we take action on anything that the group is going to make a decision on so. The Park and Rec Commission, Planning Commission, I think 19 City Council Meeting – March 28, 2005 the Senior Commission are also, been asked to take action on it so. Roger, any comments on that? Roger Knutson: You don’t have to take action. My only thought was if you’re going to, if the City Council votes on something, you should vote in public. Mayor Furlong: Alright. Thank you. Is there any discussion or questions. Councilman Peterson: That raises the question, whether it’s appropriate that we even vote on it. I thought that when I was presented with it. I don’t know whether we should. Mayor Furlong: Okay. Some background, this is something in fact, either myself or Mr. Hoffman here is President of Rotary. This is a new award that the Chanhassen Rotary Club has established this year and will be seeking to award on an annual basis. Very similar to the Klein Memorial Award offered and presented by the Chaska Rotary Club for residents in Chaska that provide service, community service above and beyond that which all regular citizens provide. The challenge is I think here, in terms of whether there are 3 or more people involved, similar to the other award, the Klein Award, organizations across the city are being asked to not only over the years will be asked not only to nominate but also then to cast a vote as an organization for the award. So the recipient with the most votes from the various organizations will be awarded the award at the Rotary’s Annual Spring Banquet, at the end of April. So that’s the background. My understanding is that the Chaska City Council does, as well as the various commissions and certainly it’s, we can do this formally or we can abstain as part of it too. I think in terms, the challenge I have in looking at these is we’ve got 3 very, very good qualified people and similar to appointments to the commissions. Just because we have to select one doesn’t mean that that’s a vote against the others, but that’s some background. Mr. Hoffman, any other thoughts or comments? Todd Hoffman: Park Commission voted last week. Mayor Furlong: Okay. Alright. Any questions? Desires. My sense is, I think we can cast a vote for someone without necessarily casting a vote against somebody else. We’re asked to do that all the time, but if there’s a desire not to, I can certainly understand that too. Councilman Lundquist, Councilwoman Tjornhom, thoughts. Councilwoman Tjornhom: I don’t have a problem with any… Councilman Lundquist: Yeah, I guess I’m comfortable. I’m not as familiar with all the candidates as some of the others but, from my perspective of community service I’d be comfortable casting, so you know I’m comfortable either way. If we chose not to, I wouldn’t lose any sleep. Mayor Furlong: Would somebody like to make a motion? Councilman Lundquist: I move to cast our ballot for Mr. Klingelhutz. 20 City Council Meeting – March 28, 2005 Mayor Furlong: Okay. Is there a second? Councilwoman Tjornhom: Second. Mayor Furlong: Been seconded. Any discussion on that? If not, proceed to the vote. Councilman Lundquist moved, Councilwoman Tjornhom seconded that the City Council cast their vote for Al Klingelhutz as a candidate for the 2005 Distinguish Service Award. All voted in favor, except Councilman Peterson who abstained and the motion carried. Todd Gerhardt: One other item, I did attend a meeting with Carver County HRA. They were soliciting feedback from all the communities in Carver County if the HRA, Carver County HRA should expand their roles into economic development. In summary I believe the communities there encouraged them to continue to do the housing aspect and assist in maybe some marketing of available lands throughout the county but not take a real active role in economic development and kind of leaving it up to the communities was kind of my recommendation to Julie Frick and some of their board members. And they’re looking for feedback as a part of their 2006 budgeting and staffing up to potentially expand that service and that was not I believe the consensus of the group there. Mayor Furlong: Okay. Thank you. Any questions for staff? CORRESPONDENCE DISCUSSION. None. Councilman Lundquist moved, Councilwoman Tjornhom seconded to adjourn the meeting. All voted in favor and the motion carried. The City Council meeting was adjourned at 8:10 p.m.. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 21