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CC SUM 2021 05 24CHANHASSEN CITY COUNCIL REGULAR MEETING MINUTES MAY 24, 2021 Mayor Ryan called the meeting to order at 7:00 p.m. The meeting was opened with the Pledge to the Flag. MEMBERS PRESENT: Mayor Ryan, Councilwoman Rehm, Councilman Campion, Councilwoman Schubert, and Councilman McDonald COUNCIL MEMBERS ABSENT: None. STAFF PRESENT: Laurie Hokkanen, City Manager; Lance Pearce, Police Lieutenant; Tyler Stahn, Sergeant; Becki White, Assistant Fire Chief; Rob Weidman, Fire Captain; Will Siems, Firefighter; Evan Thoreson, Firefighter; Kate Aanenson, Community Development Director; and Andrea McDowell Poehler, City Attorney PUBLIC PRESENT: Len Simich SouthWest Transit Mark Nordland Level 7 Development Mayor Ryan asked the City Council if there were any modifications or additions to the agenda. Mayor Ryan asked to amend the order of Items moving Item G2 ahead of Item G1. Councilman McDonald moved, Councilman Campion seconded to approve the agenda as amended. All voted in favor and the motion carried unanimously with a vote of 5 to 0. PUBLIC ANNOUNCEMENTS: None. Mayor Ryan invited residents to a Memorial Day Ceremony at the Chanhassen Veterans monument located in City Center Park at noon on May 31, 2021. CONSENT AGENDA: Councilman Campion moved, Councilman McDonald seconded that the City Council approve the following consent agenda items pursuant to the City Manager’s recommendations: 1. Approve City Council Minutes dated May 10, 2021 2. Receive Planning Commission Meeting Minutes dated April 20, 2021 City Council Minutes – May 24, 2021 2 3. Receive Environmental Commission Minutes dated April 14, 2021 4. Receive Economic Development Commission Minutes dated April 13, 2021 5. Approve Claims Paid 05-24-2021 6. Resolution 2021-22 and Ordinance 669: Approve Amendments to the Comprehensive Plan Functional Classification Map (Streets) and List and Chapter 20, Zoning, of the Chanhassen City Code regarding Identification of Arterial and Collector Streets 7. Ordinance 670: Approve a Code Amendment to Chapter 20, Zoning, Concerning Required Number of Parking Spaces for a Shopping Center or Multi-Tenant Buildings 8. Authorize Annual Pavement Evaluation Services 9. Resolution 2021-23: Authorize Water Meter Replacements 10. Resolution 2021-24: Accept 2021 Community Events Sponsorship Donations from Area Businesses 11. Resolution 2021-25: Accept Donation of Equipment (EleGARD) from the Chanhassen Relief Association 12. Approve Contract with Envisio 13. Resolution 2021-26: Authority to Make Electronic Funds Transfers All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS. SOUTHWEST TRANSIT UPDATE: LEN SIMICH Len Simich, CEO of SouthWest Transit, provided an update. He introduced Matt Fyten, Chief Operating Officer. Mr. Simich stated that, due to COVID-19, commuters and those attending special events no longer utilized transit services which reduced ridership by 90%. Small bus operations fared better and are now at 60% of pre-pandemic riders. SouthWest Transit reduced services and furloughed staff. They implemented safety measures at buses and in stations that will likely continue. They also expanded their services to include food delivery, assistance with vaccination transportation, and an increase in Prime MD, non- emergency medical transportation. City Council Minutes – May 24, 2021 3 In June 2021, services to Twins games will be free in June and require reservations. In July 2021, no reservations will be required but the fee will return. SouthWest Transit is anticipating going to full service in the fall as more businesses bring their employees back. The light rail has been pushed to 2024. SouthWest Transit is not the operator of the light rail but provides connector service. SouthWest Transit is working on developing a retail/commercial space. They will bring more information to the Council at a later date. SouthWest Transit has been working with legislation to release federal COVID-19 relief funding distributed through the Met Council. To date, two of the three payments from the relief package have been received. Mayor Ryan commented that SouthWest Transit had recently received the 2020 Human Rights Award from the City of Eden Prairie. FIRE DEPARTMENT/LAW ENFORCEMENT UPDATE LAW ENFORCEMENT Lieutenant Pearce recognized the retirement of Sergeant Chris Wagner and Sergeant Dave McDonald. Sergeant Stahn gave a report on law enforcement activity for April 2021. There were 749 calls for service including 58 Type A offenses, 374 non-criminal, 313 various traffic offenses, and 38 citations. Domestic incidents have been trending down and there was only one domestic assault arrest in April 2021. Mental health calls remain average at 15 calls. Fraud and theft continue to increase with the majority including ID theft, unemployment fraud, rebate fraud, and theft of catalytic converters. Non-criminal calls were primarily for medical and suspicious activity. There were 15 driving complaints, 202 traffic stops, 31 crashes, and zero DWI arrests for the month. Sergeant Stahn stated that the Sheriff's office has two staff vacancies. Training for the Sheriff's office included rifle qualifications. In regards to the death of a woman on May 8, 2021, the suspect remains in custody and the incident is still under investigation. FIRE DEPARTMENT UPDATE Assistant Chief Becki White gave an update on the fire department. Currently, the fire department has 40 firefighters and two were recently promoted to Captain. The department responded to 78 calls, five of which were chief only, 14 day only, 41 during scheduled duty crew times, and 18 general alarms. Out of 54 EMS calls, five were motor vehicle accidents. Two fire City Council Minutes – May 24, 2021 4 responses included a mutual aid call to Chaska and a car fire. There have been three citizen complaints about burning. The Chanhassen Fire Department assisted Loretto and Carver on Blue Card Incident Command Training. The department shared community risk training with local Cub Scout troops and a daycare. Fire department leadership have been working on their mission, vision, and value statements. They have also completed 14 hours of diversity, equity, and inclusion in the workplace training. Training for the department also included auto extrication conducted at Shakopee Towing. They have given Hands Only CPR training to Parks and Recreation summer interns. The department reviewed plans for Senior Living Powers Ridge apartments, inspected Eaton Corporation, inspected three restaurants and assisted MedSource with an emergency response plan. ELEGARD PRESENTATION Assistant Chief White gave a presentation on the EleGARD system. Captain Rob Weidman, Firefighter Will Siems, and Firefighter Evan Thoreson assisted in demonstrating how EleGARD works in conjunction with the ResQPOD and LUCAS devices to provide consistent and safe CPR. Mayor Ryan asked about the size restrictions for a patient. Assistant Chief White stated that the size of the patient is limited by the size of the LUCAS device, which fits over their torso. Mayor Ryan asked how many devices the fire department has. Assistant Chief White stated that the Chanhassen Relief Association purchased one EleGARD device which is located on the rescue truck. The department would like to budget for a second unit which would accompany their second LUCAS device and be located on the frontline engine. OLD BUSINESS. AVIENDA GRADING PERMIT RENEWAL Community Development Director Aanenson introduced Mark Nordland from Level 7 Development and gave a review of the project. The project has been delayed due to COVID-19, project review and changes, re-examination of land use, and work on a revised plan. The developer is asking for an extension. City Council Minutes – May 24, 2021 5 Ms. Aanenson stated the final plat would be requested at a future meeting. There is a correction to the Finding of Fact number 11 changing it to “signing of the permit”. Councilman McDonald moved, Councilwoman Schubert seconded to approve issuance of the grading permit in accordance with the preliminary plat approvals dated May 27, 2020 and the correction to Finding of Fact number 11. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Ryan stated that the following ordinances are community driven initiatives, not staff driven initiatives. Public hearings were held, comment was received, therefore this meeting will be about discussions and questions from the Council. APPROVE A CODE AMENDMENT REGULATING THE OUTDOOR STORAGE OF RECREATIONAL VEHICLES, BOATS, AND TRAILERS ON RESIDENTIAL PROPERTIES Community Development Director Aanenson presented a review of the citizen request. The request originally came before the Council at the end of 2020. It was reviewed at a work session in April 2021 and the focus was on vehicles in the driveway and a proposed time limit for storage of recreational vehicles, including boats, trailers, and RVs, in the driveway between April 1 and November 1. The current ordinance allows for recreational vehicle storage in a side or back yard but not the front yard. There is concern about blocking sight lines and encroaching into the easement. The proposed ordinance would allow for one vehicle to be parked in the front yard and one on the side yard. Councilman McDonald asked if the ordinance allows for recreational vehicles to be parked for a short period of time in the front yard to be packed or prepared for a trip. He questioned the necessity for allowing a time period of April to November. Ms. Aanenson confirmed and added that Home Owners Associations (HOAs) may manage this differently. Councilman Campion stated the current ordinance does not allow for parking recreational vehicles in the front driveway and he has gotten calls from neighbors pointing out violations. The city has recreational lakes and the proposed ordinance seems more reasonable to allow residents to enjoy these lakes. Councilwoman Schubert agreed that, if you live in an HOA, the HOA will manage how recreational vehicles are stored in driveways. She added that storage locations for recreational City Council Minutes – May 24, 2021 6 vehicles could be as much as a 30-minute drive. If the recreational vehicle is located on your personal property and not blocking sight lines, is kept clean and well maintained, it should be allowed. Councilman McDonald stated that differentiated between those in an HOA and those who are not creates two “classes” of homeowners in Chanhassen. He felt that front yard storage of recreational vehicles was unsightly and it should not be an inconvenience to drive to pick up your recreational vehicle from outside storage. He feels allowing storage in the front yard could create tension between neighbors. Councilwoman Rehm felt that the time period of April to November seemed too broad. She would be in favor of a shorter time period such as 24-72 hours. Chanhassen values the aesthetics of their neighborhoods. City Attorney McDowell Poehler added that the ordinance does allow for 24 hours for loading and unloading recreational vehicles. Councilman Campion stated that HOA members can vote to change things they don’t like. He doesn’t feel that this ordinance is creating separate “classes” of residents but those classes already exist in Chanhassen. There are those who have ample storage or a home on the lake who don’t have to consider storage of recreational vehicles and those who have to use a storage facility. It is not easy to get recreational vehicles out of storage. The Council has discussed this request at length and the proposed ordinance isn’t new information. He stated that, if he were to drive around Chanhassen, he could find at least 100 boats parked in a driveway in violation of the current ordinance. Mayor Ryan stated that the current ordinance allows for storage in the side or back of the house. People should consider whether their lots meet storage needs when considering purchase of a recreational vehicle. There is a balance between property rights allowing people to do whatever they want with their property but also considering the betterment of the community at large. Examples may include not leaving your garbage can out, not working on cars in the driveway, or following noise ordinances. Mayor Ryan also addressed Vacation Rental by Owner (VRBOs) in Chanhassen. These temporary renters are not aware of ordinances and the City receives complaints when recreational vehicles are parked in a driveway or parties occur. Ms. Aanenson reviewed the process of enforcing the ordinance. Once there is a complaint, staff goes out to verify it and sends a notice of violation to the homeowner stating a time period to remedy the situation. If not remedied, the situation is turned over to the attorney who may request more evidence of violation. Some homeowners will comply and some will move their vehicles temporarily. City Council Minutes – May 24, 2021 7 Mayor Ryan stated that, just because the City cannot or does not enforce an ordinance, doesn’t mean it should be changed. Safety is a major consideration and recreational vehicles need to be within the setback so that sight lines can be maintained. There is also an issue of theft and aesthetics. She does not believe that the driveway should be used for storage. Councilman Campion moved, Councilwoman Schubert seconded to approve the Ordinance amending Chapter 20, Zoning, of the Chanhassen City Code - Outdoor storage of recreational vehicles, boats, and trailers. The motion failed with a vote of 2 to 3. Councilman McDonald, Councilwoman Rehm, and Mayor Ryan voted nay. PUBLIC HEARING. None. NEW BUSINESS. ORDINANCE 671: APPROVE ORDINANCE AMENDMENT CONCERNING MINIMUM LOT SIZE FOR CHICKENS IN RESIDENTIAL DISTRICTS AND CHAPTER 1 DEFINITIONS Community Development Director Aanenson stated that the citizen action request was to allow chickens on lot sizes of less than one acre. Currently, the ordinance allows for eight chickens on lots from 1 acre to 2.5 acres, 16 chickens on lots 2.5 to 10 acres, and unlimited chickens on lots larger than 10 acres. In 2019, staff recommended smaller than 1 acre but the Planning Commission at the time felt strongly about the one-acre limit. Seven comments were received on the proposed ordinance amendment. The ordinance amendment also adds terminology defining “coop”, “chicken or domestic chicken”, “rooster”, and “run” to the definition section of the City Code. Mayor Ryan asked if the request for chickens could be denied if the neighbors said “no”. Ms. Aanenson said the neighbors' refusal would not carry any weight. The neighbors would have to appeal to the City that the chicken owner was not in compliance. Councilwoman Schubert confirmed that building the coop would fall under building codes. Ms. Aanenson confirmed that the coop would be considered as part of accessory structures allowed on a property. Councilman McDonald asked if applicants would need to submit a plan for the coop and if the City would inspect coops. City Council Minutes – May 24, 2021 8 Ms. Aanenson stated that applicants would have to provide a survey and the location of the coop would be checked but plans would not need to be submitted nor inspected. Councilman McDonald expressed concern regarding predators. He felt that certain styles of coops may reduce the likelihood of predators. If the City is not inspecting them, they will have less control over predators being drawn to the neighborhoods. Ms. Aanenson stated the Planning Commission discussed predators but did not feel that it was an issue. City Manager Hokkanen noted that, while there is no inspection, permits could be revoked similar to a kennel permit. Councilman McDonald noted that the $25 fee would not pay for an inspector. He feels the fee should be raised or give up inspections. Ms. Aanenson stated the ordinance has been in effect for two years and there have been limited requests for chicken permits throughout Chanhassen. The ownership of chickens would also be managed by an HOA. Councilwoman Rehm felt that there would not be a huge desire for chickens should the ordinance pass. She felt that eight chickens on a one-acre property was too much. Mayor Ryan asked if the coop and run need to be confined within a fence. Ms. Aanenson stated that a fence around the coop was not required but chickens would need to be contained within a fence. Mayor Ryan stated that Animal Control through Carver County or a Chanhassen CSO would be called in the case of escaped chickens. Her biggest concern is infringement on neighbors. Councilwoman Schubert addressed concerns she had read from citizens. Salmonella could also be contracted from reptiles. The amount of manure produced from five chickens was equal to a medium dog. Animal control in cities who allow chickens have about one call per year for an escaped chicken versus hundreds for cats and dogs. The Council discussed 0 acres to 1 acre would now be 4 chickens, 1 acre to 2.5 acres would remain at 8 chickens, 2.5 to 10 acres would remain at 16 chickens and 10+ acres would remain at unlimited chickens. Councilwoman Rehm moved, Councilwoman Schubert seconded to approve an ordinance amending Chapters 1 and 5 of the Chanhassen City Code pertaining to chickens for 0 to 1 City Council Minutes – May 24, 2021 9 acre four chickens. The motion carried with a vote of 3 to 2. Councilman McDonald and Mayor Ryan voted nay. COUNCIL PRESENTATIONS. Mayor Ryan noted that Ms. Hokkanen was elected as President of the Minnesota City and County Managers Association (MCMA). Mayor Ryan acknowledged the businesses who support Park and Recreation through their donations. Mayor Ryan stated that the Council approved a contract with Envisio. This tool will help with dashboards and analytics to provide transparency as it relates to strategic planning. ADMINISTRATIVE PRESENTATIONS. None. CORRESPONDENCE DISCUSSION. CDA COMMUNITY AND ECONOMIC DEVELOPMENT UPDATES MAY 14, 2021 Councilman Campion moved, Councilwoman Schubert 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 8:46 p.m. Submitted by Laurie Hokkanen City Manager Prepared by Kim Meuwissen