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CC SUM 2021 08 23CHANHASSEN CITY COUNCIL REGULAR MEETING MINUTES AUGUST 23, 2021 Mayor Ryan called the meeting to order at 7:00 p.m. The meeting was opened with the Pledge of Allegiance. COUNCIL MEMBERS PRESENT: Mayor Ryan, Councilman Campion, Councilwoman Rehm, Councilwoman Schubert , and Councilman McDonald. COUNCIL MEMBERS ABSENT: None. STAFF PRESENT: Laurie Hokkanen, City Manager; Kate Aanenson, Community Development Director; Charlie Howley, Director of Public Works/City Engineer; Don Johnson, Fire Chief; Lance Pearce, Police Lieutenant PUBLIC PRESENT: Summer Teen Volunteers and their Families Tom Furlong, 1405 Knob Hill Lane Brian Grogan, Attorney, Moss & Barnett Mayor Ryan asked the City Council if there were any modifications or additions to the agenda. After the roll call vote there were no changes to the published agenda. PUBLIC ANNOUNCEMENTS: Recognition of 2021 Teen Volunteers Mayor Ryan asked the Teen Volunteers to join her up front and said on behalf of the City Council and the Park and Recreation Commission she would like to recognize them. She stated these 13-16 year-olds were selected to serve as volunteers for City-sponsored recreation programs from June-August and together they compiled over 830 hours of service to the City. She noted they are all so proud of these teens and thanked them for their service. CONSENT AGENDA: Councilwoman Rehm asked to pull item 6 from the Consent Agenda and be considered separately. Mayor R yan noted they would add item 6 under New Business. City Council Minutes – August 23, 2021 2 Councilman McDonald moved, Councilman Campion seconded that the City Council approve the following consent agenda items pursuant to the City Manager’s recommendations: 1. Approve City Council Minutes dated August 9, 2021 2. Receive Planning Commission Minutes dated July 20, 2021 3. Receive Senior Commission Minutes dated June 18, 2021 4. Approve Claims Paid 08-23-2021 5. Authorize Execution of Operations and Maintenance Agreement for Deer Haven Development 6. Ordinance XXX: Approve Amendment to City Code Concerning Noise This item was removed from the Consent Agenda and moved to New Business. 7. Ordinance 677: Amend City Code Chapter 2-Administration Concerning Environmental Commission Membership 8. Resolution 2021-45: Authorize LED Lighting Replacements at Fire Station #1 and East Water Treatment Plant 9. Resolution 2021-46: Adopt City Policy for the Use of Unmanned Aerial Vehicles (UAV) for Approved City Purposes 10. Approve Temporary On-Sale Liquor License Request; St. Hubert Catholic Community; Harvest Festival on September 25, 2021 All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS. 1. Chanhassen Rotary Car Show Parade: Tom Furlong Mr. Furlong, Rotary Club President, invited the public to a new event planned for Labor Day which is a car show and parade. They are working with Staff on the special event permit and expect to have about 200 vehicles as part of the parade. The car parade will start along West 78th Street at 11:30 a.m. and end at the Chanhassen Dinner Theatre parking lot. He noted the Rotary Club is talking to local restaurants and encouraging them to have a Labor Day Special; there will also be food, beverages, and a beer tent at the event. Mr. Furlong stated if participants would like to register a car, they may go to www.chanhassenrotary.org. He thanked the businesses that are sponsoring the event. 2. Brynn Smithson Citizen Action Request Ms. Smithson was not present. Mayor Ryan noted Ms. Hokkanen responded to the request via email so perhaps Ms. Smithson felt the question was answered. FIRE DEPARTMENT/LAW ENFORCEMENT UPDATE 1. Law Enforcement Update City Council Minutes – August 23, 2021 3 Lieutenant Pearce noted in July they responded to 853 calls for service, many attributed to theft, theft of motor vehicle, burglary, and disorderly conduct. They also saw significant increases in medical calls, suspicious activity, and mental health calls. As of now, the thefts were all crimes of opportunity with unlocked vehicles overnight , unlocked doors to a garage, or the use of a stolen garage door opener; in three of the instances people were home at the time. Lieutenant Pearce stated they have almost all of the property located and have found all stolen vehicles. During the 4th of July Celebration, he noted it was a success for the department with a few minor medical calls but no criminal events. The department was able to make it to all of the registered Night to Unite events. The past week deputies participated in seven hours of mobile field force training hosted by the State Patrol and tactics for response to civil unrest. September training will be “train the trainer” for the body cameras that will be deployed in October. Sergeant Nate Mueller introduced his canine K-9 Ringo, and gave a presentation including history on these dogs and their working characteristics. He shared that when Ringo came to the United States from Slovakia, they spent two weeks in bonding time, four weeks of narcotics detection school, and t welve weeks of patrol school (obedience, tracking, suspect search, apprehensions, and evidence search). Sergeant Mueller explained the narcotics and patrol certifications they go through once per year and showed pictures on screen. 2. Fire Department Update Fire Chief Johnson noted July was a busy month with 120 calls for service which included 73 EMS rescue calls and 5 fires. The department is currently having their annual health and wellness physicals, and they are continuing to plan for t he August 27 Open House. OLD BUSINESS - None. PUBLIC HEARING: 1. Resolution 2021-47 and Resolution 2021-48: Adopt Resolution Vacating Public Right- of-Way of a Portion of Ruby Lane Mr. Howley noted 1861 and 1877 Topaz Drive have requested the vacation; he showed an aerial view of the properties on screen and noted the City still retains public utilities and would retain the easements to cover those. Mayor Ryan opened the public hearing. There were no public comments. Mayor Ryan closed the public hearing. Councilwoman Schubert moved, Councilman Campion seconded to adopt resolutions approving the vacation of portions of the public right-of-way legally descried as Ruby Lane between Block 1 Lot 4, and Block 3 Lot 2, Ashling Meadows 2nd Addition, according to the City Council Minutes – August 23, 2021 4 recorded plat thereof, Carver County, Minnesota. All voted in favor and the motion carried unanimously with a vote of 5 to 0. NEW BUSINESS 1. Ordinance 678: Approve Franchise Ordinance for Cable Franchise Agreement with CMN-RUS (dba MetroNet) Ms. Hokkanen stated the City Council is considering entering in to a franchise agreement with MetroNet and cable is the only utility allowed in the public-right -of-way that is not governed by the public utilities commission. Through a franchise agreement the City outlines requirements and how the provider will work in the right -of-way. The City currently has a non-exclusive franchise agreement with Mediacom. Attorney Grogan, Moss and Barnett, is here representing the City this evening. He noted the Federal Cable Act has a stated purpose to “promote competition in cable communications and minimize unnecessary regulation that would impose an undue economic burden on cable systems.” The standard tonight is that the City not unreasonably r efuse to award a second or competitive cable franchise. Attorney Grogan gave a presentation on screen regarding history and franchise negotiations. He noted the franchise terms include a 10-year term, 5% franchise fee, performance bond of $50,000, and strong customer service standards, three public/education/government (PEG) channels, free service to public buildings and schools, and PEG transport. He walked the Council through additional agreements and noted the recommendation is approval of the franchise agreement with MetroNet and the fiber agreement. Councilman McDonald noted in the packet there was a letter from Mediacom where they made a number of accusations about what the City was or was not doing. He asked if those are addressed as part of this recommendation. Attorney Grogan believes the letter came after the City held a public hearing to consider the qualifications. He said they did carefully review Mediacom’s concerns and tried to address each of those within the franchise. Staff is quite confident they have met those concerns. Mayor Ryan asked how the cable companies are held accountable to the strong customer service standards. Attorney Grogan replied the standards are based on FCC model standards; the City Council stands in the position to enforce them. These standards include answering the phone within the first 30 seconds, transferring to a live operator within 30 seconds, meeting an installation standard, and a host of other standards. If the City Council or Staff receives complaints from residents that the company was failing to meet those standards, the City Council would then have the ability to impose liquidated damages or to hold them in default of the contract and impose other remedies. City Council Minutes – August 23, 2021 5 Mayor Ryan asked about damage to private property. Attorney Grogan replied most of the contract speaks to public property; on private property, the company needs authority from the homeowner. He noted the City has a robust ordinance and they should not have any homeowners experiencing any change of course from what they are accustomed to. Councilman McDonald moved, Councilwoman Schubert seconded that the City Council approve the MetroNet Cable Franchise Ordinance and approve the Fiber Agreement between the City of Chanhassen and MetroNet. All voted in favor and the motion carried unanimously with a vote of 5 to 0. 2. Ordinance 679: Approve Amendment to City Code Concerning Noise Ms. Aanenson stated this was brought to the City as a request from the Chanhassen Brewing Company to allow them to have outdoor music past 10:00 p.m. Right now the nuisance ordinance regulates hours of noise between 10:00 p.m. and 7:00 a.m. Staff recommended 11:30 p.m. and the rationale is there is no neighboring property within 500 feet. Co uncilwoman Rehm noted the City is know n for being a quiet and peaceful community and she is a bit concerned about making the jump from 10:00 p.m. to 11:30 p.m. She noted three other cities that responded are limited to 11:00 p.m. so Chanhassen would be an outlier in allowing 11:30 p.m. She would prefer the Planning Commission take a look at this, although it is not required. Ms. Aanenson noted because this is the Nuisance chapter it is a City Council jurisdiction. She recommended if the Council wanted to go to the Planning Commission, they could put a notice in the paper to give a 10-day notice for the next meeting and would allow for public comment. Based on the feedback, the City Council can make an informed decision. The City Council discussed their o pinions regarding the noise ordinance, including the younger demographic coming into the City and having more options for them downtown rather than going to other cities. Councilman Campion, Councilman McDonald, Councilwoman Schubert, and Mayor Ryan are in favor of the ordinance as it stands. Mayor Ryan stated the City is still making sure the distance is there and that residents do have the opportunity to complain. Councilman Campion moved, Councilwoman Schubert seconded that the City Council adopts the proposed Ordinance amending Chapter 13 concerning prohibited noises. All voted in favor and the motion carried with a vote of 4 to 1. Councilwoman Rehm voted Nay. City Council Minutes – August 23, 2021 6 COUNCIL PRESENTATIONS. None. ADMINISTRATIVE PRESENTATIONS. Mr. Howley noted there is currently a drought which is exceptional and severe for a majority of the state. The DNR sent a letter to Chanhassen noting the City is within the Mississippi Watershed and asked the City to enact water conservation measures. Mr. Howley said the City has a normal code restriction for odd/even watering and for additional conservation they cut out all watering from 10:00 a.m. to 5:00 p.m. They enacted the conservation on July 26, 2021 which resulted in about a 9% decrease in water usage. Mr. Howley clarified the City’s water supply is in good shape as it comes from deep aquifer wells. CORRESPONDENCE DISCUSSION. 1. 2020 Census Counts Letter from Metropolitan Council 8/17/2021 2. Letter from Kennedy & Graven 08-17-2021: 2021 Second Half Suburban Rate Authority Assessment Councilman McDonald moved, Councilwoman Rehm 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 8:37 p.m. Submitted by Laurie Hokkanen City Manager Prepared by Kim Meuwissen City Clerk