Loading...
CC 2018 11 13 CHANHASSEN CITY COUNCIL REGULAR MEETING NOVEMBER 13, 2018 Mayor Laufenburger called the meeting to order at 7:07 p.m. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Laufenburger, Councilman McDonald, Councilwoman Ryan, and Councilman Campion COUNCIL MEMBERS ABSENT: Councilwoman Tjornhom STAFF PRESENT: Todd Gerhardt, Chelsea Petersen, Kate Aanenson, Paul Oehme, Todd Hoffman, Greg Sticha, and Andrea Poehler PUBLIC PRESENT: Will Z. 27630 Virginia Cove Brendan Quinn 7381 Tamarack Trail M. Halama 670 Creekwood Street Frank Ernst 840 Cree Drive Maurielle Storms 1910 Whitetail Ridge Court Mayor Laufenburger: Thank you and I wish to welcome all of you to this meeting. Those of you that are in the council chambers here. We have about 20 people with us this evening and also those of you that are watching on Mediacom cable channel TV at home or through our world wide web livestream from the Chanhassen website. Just for the record we have all of our members are present this evening with the exception of Bethany Tjornhom and she has an excused absence this evening. Our first action tonight is agenda action, council members are there any modifications to the agenda as printed? If not we will proceed with the agenda as printed. PUBLIC ANNOUNCEMENTS: None. CONSENT AGENDA: Councilman McDonald moved, Councilman Campion seconded to recommendations: 1. Approve City Council Minutes dated October 22, 2018 2. Receive Planning Commission Work Session Minutes dated October 16, 2018 Chanhassen City Council November 13, 2018 3. Resolution #2018-52: Authorize 2018 Fund Transfers, Creation of Park Replacement Fund, and Closure of Funds No Longer in Use 4. Resolution #2018-53: Orchard Lane Area Street & Utility Reconstruction Project- Approve Plans and Specifications and Authorize Advertisement for Bids 5. Award Banking Services Contract 6. Resolution #2018-54: Amending Halla Stipulation Agreement All voted in favor and the motion carried unanimously with a vote of 4 to 0. VISITOR PRESENTATIONS. Mayor Laufenburger: Visitor presentations are included with each of our regularly scheduled council meetings. Anyone wishing to address the council on a matter that is not specifically on the agenda this evening you may please step to the podium with your name and address and give your name and address for the record and address the council. Frank Ernst: My name is Frank Ernst. E-r-n-s-t. My address is 840 Cree Drive. Mayor Laufenburger: Good evening. Nice to have you with us. Frank Ernst: A little over a year ago I and many others filled this room and we addressed questions or concerns were even considered called out by name and shouted at. Following the meeting my wife was inundated with emails with disparagingly remarks, remarks to her and to I. And to I. It was followed with additional demeaning comments about her and I and other Chanhassen residents so I came back to another meeting and I expressed my concerns about that. What I considered inappropriate behavior that had taken place. to establish and publish a code of conduct, standards of behavior that should be established similar to the rules that are posted for visitor presentation. My request has been ignored to the best of my knowledge. I and many others have come to believe the position you take is to listen, ignore and wait f conduct for this body. Just considering tonight one of the things I recommend you put on top of it is perhaps adhering to your schedule and starting on time. I want to remind this council and future councils that we will not go away so please pay attention and give serious considerations to the concerns and requests of the citizens of Chanhassen. Thank you. 2 Chanhassen City Council November 13, 2018 Mayor Laufenburger: Thank you Mr. Ernst. Is there anybody else who would like to address the item on our agenda. ACCEPT DOWNTOWN VISION. Mayor Laufenburger: This is item old business. The subject is the accepting the downtown Kate Aanenson: Yes, thank you. This was discussed at your work session and we recommended that we what those changes are. I included the Minutes from that work session and there was some, I think one of the things that was the main importance arranging the priorities so that we gave more emphasis to that. Ther some wordsmithing that was changed and then also some discussion on the specific uses in the retail sector which would have been the grocery store being as far as the targeting. And I just want to reiterate that this is a vision document. I doing something in the property it gives them some guidance of where the council is thinking about. Also included in that you wanted the staff to include with that the market scan which had a lot of good information of what the different threshold of uses are in there and what the scan also showed what could be supported in there too and I did want to point out that this happened before the project went forward in the downtown so it did show there was some capacity for now. So those changes were made. Again what staff is recommending that you accept this document and this becomes the vision document as we move forward. And again I tried to make some of those changes. Some of those street connections. Safety, you know prioritizing that. I think that was one of the things that we talked about too as we moved forward on other projects in the downtown that we go back and look at this and make sure we can combine some of these of those key financial strategies as we move into next year too so with that changes were made and just looking for some direction adopting or accepting this document. Mayor Laufenburger: Alright thank you Ms. Aanenson. Obviously this document and the process that was used to bring it to this point was included many different inputs and many different discussions. Council any questions of Ms. Aanenson regarding the, this final state of the downtown vision study? Councilman McDonald: Mr. Mayor? Mayor Laufenburger: Mr. McDonald. Councilman McDonald: I have a question. 3 Chanhassen City Council November 13, 2018 Mayor Laufenburger: Sure. Councilman McDonald: As I was trying to read through this, the copy that we got, the electronic copy it was kind of difficult to read because of the size of it and it kept flipping on me but I did read through the Minutes. Can you explain, okay was the term grocery stores removed from the vision study? Kate Aanenson: Yes. Yeah. nance? what are we targeting you know and that was the intent as I understood it and what the desire targeting was. Yes it is still permitted in the zoning district. Councilman McDonald: Then I guess the problem I have with this is what are we creating an ambiguity within city documents. If the ordinance says grocery stores should be in there then Kate Aanenson: I believe there was a request to take it out. Councilman McDonald: And I guess at that meeting I was unaware we took a vote to remove it from the vision study. I know the question was raised about why it was in there and I thought the direction was to go to staff to evaluate that and get back to us as to why it should or should not be in there. Not that it comes before us today for a vote to approve it. Mayor Laufenburger: Well Mr. McDonald if I may take just a moment. Kate you made it pretty clear that this is a, this is a, this is a result of a study that was contracted and that study reported their observations which included observations from the community and I recall the meeting as usage and the study indicates that there is leakage from our downtown area from grocery, I think we would like to present to potential developers that there is a, or somebody comes forward with a plan that includes a specialty grocery store which seems to be the area where there is the most leakage, then the council would consider that but I would agree with you. If a zoning ordinance allows a grocery store then a developer should reasonably consider that the grocery store plan would be considered though that may not be the desired or grocery stores for the downtown area. 4 Chanhassen City Council November 13, 2018 Councilman M I think all this is is a vision study of what could or could not take place within the downtown area and what would be acceptable and the problem I have with this is that I believe that we have, we have created an ambiguity between what the ordinances are and what this vision study is. If we support this document because of that ambiguity and I believe that the word grocery story should be in there because it is a permitted use. Councilman Campion: Mr. Mayor? Mayor Laufenburger: Mr. Campion, go ahead. Councilman Campion: So I recall raising the question at the last meeting when we looked at this and the request was more to see the data that was suggesting that we were leaking grocery data that was. t true Mr. Campion. There is data. Councilman Campion: The leakage data? Mayor Laufenburger: Yeah. The market study. If you look at the market study document it ck saying when this market scan was done it was prior to the approval of the other so it, so part of that market was absorbed. So part of that leakage has been absorbed by a new user coming in. So that was my point in saying that. Councilman Campion: R Mayor Laufenburger: Yeah if you look at. prior to the approval of the Venue/Aldi project so. Mayor Laufenburger: Now specifically if you look at page 11 of the market study Mr. Campion specialty food stores. What would be a specialty food store? Kate Aanenson: Any small. Todd 5 Chanhassen City Council November 13, 2018 Todd Gerhardt: Whole Foods. Mayor Laufenburger: Lakewinds? Kate Aanenson: Sure. Todd Gerhardt: Lakewinds. Mayor Laufenburger: Alright. So it shows that the leakage is a factor o food services under food services and drinking places. Specialty food services. Would that include like brewery? Brew pub? Kate Aanenson: Yes. Mayor Laufenburger: Okay, so the leakage is present but I am okay recognizing that this is a planning document and if a planning document is placed and a zoning ordinance is in place which has the higher authority Mr. Aanenson? Kate Aanenson: The zoning. Mayor Laufenburger: The zoning right. Kate Aanenson: Yes. the downtown area the way you exclude that is through a zoning ordinance. Not through a planning document. Councilman McDonald: And my point is that the two documents should match up together and of them in town and that is not a message that we have ever sent before for any industry. Banks. this sets a bad precedence at this point to start excluding types of businesses even if it is a planning document. Mayor Laufenburger: Mr. Campion I interrupted you but I wanted to clarify that the leakage was, the data was provided. 6 Chanhassen City Council November 13, 2018 Councilman Campion: Yeah, and I acknowledge that. Sorry. I missed that and I think the point th of contention was that when, in the prior version that we reviewed on October 8 it listed just general grocery as the leakage item. That we were leaking to adjacent communities and not specialty grocery in particular. Mayor Laufenburger: Well according to the ESRI research they categorize it as food and exclude any particular grocery but you know it shows that there is leakage. Kate Aanenson: It was a broader category correct. Councilman Campion: Right. Kate Aanenson: Yeah so. Councilman Campion: Okay. Mayor Laufenburger: Your point is well made Mr. McDonald. Any other comments or questions? Any comments or actions? Kate Aanenson: Again the staff is just looking for the City Council to recommend that they accept this document as a working document for the downtown. Mayor Laufenburger: Right. And just, as a matter of record for those people that may not be familiar with this, in this vision study there are some elements that emerged as potentially for consideration and a number of which were, which were identified and could potentially be taken looking for anything that the council would like to do at this time? Mayor Laufenburger: Right. Mayor Laufenburger: Alright. Vision. Mayor Laufenburger: Alright, we have a motion. Is there a second? 7 Chanhassen City Council November 13, 2018 Councilman Campion: Second. Mayor Laufenburger: Alright. Is there any further discussion on the motion? Alright there being none, the motion is to accept the Downtown Vision study. All those in favor of the motion signify by saying, actually by raising your right hand if you would please. Raise your right hand if you accept the motion. One, two. All those against signify by raising your hand. Councilwoman Ryan moved, Councilman Campion seconded that the City Council accepts the Downtown Vision. All voted in favor, except Councilman McDonald who opposed, and the motion carried with a vote of 3 to 1. Mayor Laufenburger: That motion carries 3-1. Next item on our agenda, oh please express to Bryan and the folks at Hoisington-Koegler our appreciation for their work and their due diligence in this and this document will serve as a planning and assist in planning city staff and this council and future councils. Thank you very much Ms. Aanenson. APPROVE STIPULATION FOR SETTLEMENT AGREEMENT FOR ACQUISITION OF PROPERTY LOCATED AT 730 VOGELSBERG TRAIL IN CONJUNCTION WITH THE TH 101 IMPROVEMENTS, CITY PROJECT NO. 14-08. Mayor Laufenburger: Okay. Paul Oehme: Thank you Mayor, City Council members. I would just like to take this just highlight a couple things, you know give a little background and tell where we think we has, and City Council has rated 101 as one of their top transportation priorities over the years. The last section of 101 that needs improvement south of Highway 5 is this section from Pioneer Trail One of the things we want to do is improve the connectivity of our transportation infrastructure to Scott County as well. As you know the river bridge was constructed several years ago. We want to continue that same sort of corridor through this area. And then we also want to plan for would like to have, sell their property potentially for redevelopment and development so in preliminary design. We looked at several, I think 4 or 5 different layouts. We had did land on a preferred layout that the council at that time wanted us to pursue. We did finish our environmental documentation for this area. Looking at the impacts to the wetlands and other 8 Chanhassen City Council November 13, 2018 environmental impacts in this area so that has been completed. The City Council has adopted the official map for this area as well so that has been completed and just recently the City had successfully lobbied the State of Minnesota for LRP funds. Those are state bonding funds in the amount of $9 million dollars so we did have some, we do have some money from the State for that project. In conjunction with that money MnDOT, Minnesota Department of Transportation has allocated a number of other funding sources to the future improvements of this corridor as well so now that we have a funding package together the funding agreement has been approved between the City and the County and the County and MnDOT for the final improvements and the turnback agreement from MnDOT. Operations and maintenance to Carver County in the future. And then we also have approved a consultant contract for this project so we are currently under or this, along borings as well to finish up the background information that we need to complete the final design. So this is a layout of the new alignment that improve the sight lines and the grade going up the bluff. Trying to flatten that out as much as we can so Pioneer Trail is to the north and Flying Cloud Drive is to the south here. This is the roundabout to the south so major project which unfortunately, which does require a lot of right- of-s that the City will have to work on to acquire strip right-of-way along the corridor. A portion of some Stipulation before you tonight so approximately 6 parcels that would have to be totally acquired that parcel would have to be acquired through this project. And again the funding mechanism is through the State of Minnesota in their turnback account and some other funding but if, as we meetings and a lot of design work that has to go into this to make this project move forward. -of-way necessary for this roperty owners right now on additional acquisitions and Carver County is leading the effort in some of those total acquisitions. Total parcel acquisitions . -of-way acquisitions. We are scheduled to have a neighborhood meeting in December. First week in December. Notices for that meeting are going to be going out I think tomorrow or Wednesday and then if the project road but there is a lot of dirt that has to be moved. A lot of infrastructure that has to be put in motion before you. If you have any questions regarding the Stipulation or the project in general Work session meetings that are scheduled along the way too after we have our neighborhood rmation back to the council and 9 Chanhassen City Council November 13, 2018 get some feedback and then move on from there but there are a lot of stepping stones and check wanted to make you aware of that. Mayor Laufenburger: Okay, thank you Mr. Oehme. Any questions or comments from council of Mr. Oehme? Councilmember Ryan go ahead. Councilwoman Ryan: Thank you. Mr. Oehme who are the, when you talk about the negotiations, is it just the Carver County agents or is the City involved with the negotiations as well? Paul Oehme: Yep, so for the total parcels that have to be acquired, those total lots, Carver -of- actually been working, that person specifically has been working with some of those properties since 2015. Since the final, the preliminary design was and the environmental study was completed and talking about you know funding and we actually along the way we talked to Met MnDOT money or the bondi those folks but yeah again the Carver County will be handling 6 of the parcels and the City will be handling the rest of the parcel acquisitions so. Councilwoman Ryan: And when you say handling you mean negotiating or? Paul Oehme: Yep negotiating. Yep exactly so with the consultant contract we did hire a right- of-way agent to assist us in that as well too so that person will work in conjunction with the City with those negotiations as well so -of-way acquisition of those type of negotiations. Councilwoman Ryan: And then in terms of the actual agreement, as I know and you know what their taxable market value is is considerably different so could you talk a little bit more about the negotiations. Paul Oehme: Right. Yep absolutely so yep. There is the appraised value. So market value is l done. I think the that are involved and then some other settlement costs and closing costs there also associated Councilwoman Ryan: And does that become public information what the actual, what the appraisal is and. 10 Chanhassen City Council November 13, 2018 Andrea Poehler: It will be. Councilwoman Ryan: It will be once the title work is reviewed and everything. Andrea Poehler: Once the closing has occurred yes. -of-way agent. We also passed along you know the settlement agreements to MnDOT as well and their right-of-way folks as well. Both of those agencies signed off on the sale. Councilwoman Ryan: Okay. Todd Gerhardt: Mayor and council some additional costs that are included in this is change of ortgage companies. part of that. Sometimes attorney fees can be included in the cost depending on dealing with the acquisition of the property. Councilwoman Ryan: And is this pretty typical this process? Like when we did the acquisition of Bandimere, the home there, I mean are they similar? Just I get concerned when you look at Todd Gerhardt: Depending on the appraisal it can do that. Councilwoman Ryan: And they do an appraisal and the County does an appraisal and then negotiate. Todd Gerhardt: Well it becomes a negotiation and if the two sides do not come to terms then you can go to condemnation and then they have a board, commissioners board that would hear recommendation and then if one of the sides is not happy you can appeal your decision and that and special appraisals done and so your that you take into a part. They have expenses but you have expenses but part of their expenses are reimbursable as a part Councilwoman Ryan: Right. But just you know obviously this is the first of the other properties and so this is something that the County and C properties, you know the 5 other properties to follow. 11 Chanhassen City Council November 13, 2018 Todd Gerhardt: Yeah this is the second property. Todd Gerhardt: Yeah and this price came in fairly similar to, I forget her name. Paul Oehme: Andrea. Todd Gerhardt: Andrea. And I think it was 650 on that one. 600. Paul Oehme: Yep it was a little over 600. same condition as this home. Councilwoman Ryan: Perfect, thank you. Mayor Laufenburger: Anything else? Councilwoman Ryan: No, thank you. Mayor Laufenburger: Okay, anyone else with a question for Mr. Oehme? Okay. I know that for recommended action from the council on this stipulation or the settlement agreement. Settlement Agreement for acquisition of property located at 730 Vogelsberg Trail in conjunction with the Trunk Highway 101 improvements, contingent on satisfactory title review by the City Attorney and receipt of MnDOT funds for City Project No. 14-08. Mayor Laufenburger: Alright we have a motion. Is there a second? Councilwoman Ryan: Second. Mayor Laufenburger: Thank you Councilmember Ryan. Mr. Oehme I just have one question that I want to ask. This, can we assume that the Highway 101 project will heretofore be known as 14-08, is that correct? Paul Oehme: That will be the City project number. leted and then it will be called 101. 12 Chanhassen City Council November 13, 2018 Mayor Laufenburger: Okay so anything related will be 14-08. Paul Oehme: Yep, correct. Mayor Laufenburger: Is there any further discussion on this motion? Councilman McDonald moved, Councilwoman Ryan seconded that the City Council approves the Settlement Agreement for acquisition of property located at 730 Vogelsberg Trail in conjunction with the Trunk Highway 101 improvements, contingent on satisfactory title review by the City Attorney and receipt of MnDOT funds for City Project No. 14-08. All voted in favor and the motion carried unanimously with a vote of 4 to 0. Mayor Laufenburger: That motion carries 4-0. Thank you Mr. Oehme. Paul Oehme: Thank you. Mayor Laufenburger: That concludes our business portion of this evening. COUNCIL PRESENTATIONS. Mayor Laufenburger: Let me now move to council presentations and let me just begin by saying that earlier this evening the City Council met as a canvasing board as we do following every th election and the canvasing board certified the results of the election concluded on November 6 and I want to congratulate Elise Ryan who will be the Mayor taking her oath of office in January of 2012. Also want to congratulate Dan Campion for his re-election to City Council and also congratulations to Julia Coleman who will begin her council assignment in January so congratulations to all three of them on their election. Are there any other council presentations? ADMINISTRATIVE PRESENTATIONS. Mayor Laufenburger: Any administrative presentations Mr. Gerhardt? Todd Gerhardt: I have one. I have to give a huge shout out to Kim Meuwissen, our Office Manager i team. They did a fantastic job. Being one of the largest cities in Carver County I think we were one of the first cities to get the results in from our election and having, I think it was 85, 83 percent turnout rate which is unbelievable in a non-Presidential election so hats off to Kim and 13 Chanhassen City Council November 13, 2018 all our election judges who did a fantastic job of running a very smooth election process and it is a very, very complicated process. done a great job. Mayor Laufenburger: Thank you Kim. Anything else? Mayor Laufenburger: Alright. I would like to echo that too. I know that Kim spends a lot of time searching for and securing election judges and that can sometimes be a thankless job so anybody who served as an election judge I just want to echo our appreciation for that. Any other council presentations? Just one other comment if I may. Earlier this evening in the work session th the City Council directed staff to prepare for a, prepare for a public hearing on November 26 council specifically is asking for a public hearing related to the implementation of franchise fees to fund interest in participating in that process I would encourage you to be here at the council meeting th November 26 at 7:00 p.m. where we will, included in the business will be the discussion and public hearing regarding franchise fees so with that any comment on the correspondence? CORRESPONDENCE DISCUSSION. None. Councilman McDonald moved, Councilman Campion seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 4 to 0. The City Council meeting was adjourned at 7:45 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 14