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CC 2009 08 24 CHANHASSEN CITY COUNCIL REGULAR MEETING AUGUST 24, 2009 Mayor Furlong called the meeting to order at 7:10 p.m. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilman Litsey, Councilwoman Ernst, Councilwoman Tjornhom, and Councilman McDonald STAFF PRESENT: Todd Gerhardt, Roger Knutson, Laurie Hokkanen, Kate Aanenson, Paul Oehme, Todd Hoffman and Terry Jeffery PUBLIC ANNOUNCEMENTS: Mayor Furlong: Thank you and glad those that are joining us at home this evening. Glad that you’re spending your evening with us. Let me start by asking if there’s any modifications or additions to the agenda from members of the council. If not we’ll go ahead and proceed with the council as published. We’ll start this evening with an invitation to the Dave Huffman 5K th Memorial Run. It’s my pleasure to invite residents and friends to join us at the 10 Annual Dave Huffman 5K Memorial Run. Dave Huffman was an active member of our, in our city. Active resident and member of our Park and Recreation Commission and he died tragically in an automobile accident in Illinois in 1998. The USATF has certified this race which will be held on th Saturday, September 12 beginning at 9:00 a.m. in City Center Park just north of City Hall. Registration information can be found on the city’s web site or you can register the day of the race beginning at 7:15. There are several age divisions ranging from under 13 to 16 and over. Wheelchair division and free kids fun race for those ages 10 and under. There will be an awards ceremony following the race and prizes will be awarded in each category. Proceeds from this race each year have been donated to various charities, in our city and around the area and this year the proceeds will be donated to Chanhassen Boy Scouts and Minnesota Vikings Children’s th Fund. I hope you can all join us for a great event on September 12 at 9:00 a.m. for the Dave Huffman 5K Memorial Run. CONSENT AGENDA: Councilman Litsey moved, Councilwoman Ernst seconded that the City Council approve the following consent agenda items pursuant to the City Manager’s recommendations: a. Approval of Minutes: -City Council Work Session Minutes dated August 10, 2009 -City Council Verbatim and Summary Minutes dated August 10, 2009 Receive Commission Minutes: -Park and Recreation Commission Verbatim and Summary Minutes dated July 28, 2009 Resolution #2009-63: b. Public Works Facility: Approve Change Orders. Chanhassen City Council – August 24, 2009 Resolution #2009-64: c. Cimarron Rain Garden Project: Award Bid. All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS: None. LAW ENFORCEMENT /FIRE DEPARTMENT UPDATE. Lt. Jim Olson: Thank you sir and good evening. I have two months worth of reports in the packet this month. I have both your June and July. Any questions on the reports that were in your packets? Mayor Furlong: Any trends that you see or any, whether seasonal or just overall through here that you’re seeing Lieutenant? Lt. Jim Olson: Yeah we’ve been doing okay for about, from a crime standpoint. Both Part I and Part II crimes have went down. Our traffic stops are up. You know some of the things that we’ve been seeing recently have been kind of anomalies almost I think with the two robberies that we had. The one at the Holiday and the one at the TCF. The gentleman from the Holiday robbery has been apprehended. It is in custody. Back on August 15th I think was, a Saturday morning, he robbed a Kwik Trip, there was Kwik Trip in the city of Waconia. Of course this was about the same time that we had the Miracles for Mitch going on here in town as well as the PGA that was occurring in Chaska so it was a busy time throughout the county. But they hit the Kwik Trip there about 6:30 in the morning. One of our squads was able to locate the vehicle as it was speeding away and chased it into an abandoned farm. Down a field. They were able to set up a perimeter. He got, or they got into a wooded area. They set up a perimeter pretty quickly. And you know I need to thank State Patrol, the Bureau of Criminal Apprehension, and the Jordan Police Department for assisting us in locating those two individual to get them off the street. Detective Bob Zydowsky, our detective here in Chanhassen actually did get a confession from both of those folks for the robbery here, the robbery at the Kwik Trip as well as a burglary that occurred in Mound that these folks were involved with, and then from the burglary they did actually recover a safe from that in Chaska as well, so Bob did a very nice job with that. As all of, you know Deputy Dave Potts, or excuse me Sergeant Dave Potts was the person that actually found the vehicle. Dave was a Sergeant, liaison Sergeant up here a number of years ago and he did a great job with being able to locate that and he was running the shift as well so he was in the midst of it while he’s trying to set up perimeters and get all the resources that we needed to come into place for that so. But you know that’s one thing that certainly does show the benefits, the collaborative you know, or collaborative efforts with the police contracting model that we have in this town so Dave did a nice job with that. Mayor Furlong: Thank you. Lt. Jim Olson: Another thing that we, that occurred here in the city was a burglary a couple weeks ago at a residence up at Charring Bend and we also apprehended two individuals that were involved with that. Bloomington actually got them on a traffic stop and they had been doing burglaries throughout the metro area and so we’ve got that one that’s solved also. They are in 2 Chanhassen City Council – August 24, 2009 custody. Both the Holiday as well as this burglary, both of them were meth addicts that were involved with that and trying to get enough money for meth and so on. Squads earlier this, excuse me, last week stopped a vehicle in Waconia. Suspicious vehicle and were able to recover 75, 78 pieces of stolen property out of this vehicle. It included laptops, GPS units, radar detectors, cell phones, car stereos. They had been throughout the county just checking car doors. They would check a car door. If it was open, they would go in and they would take whatever, whatever was inside of it. They had been in Chanhassen and had been involved in some car thefts from vehicles here. We’re still trying to run down property owners and exactly where it happened, but we did get confessions out of all 5 folks in that. There was 4 juveniles involved as well as an adult that was in the vehicle with that, so we’re real glad to get them off of the streets. The suspect in the bank robbery that we had here at TCF was also picked up. That remains under investigation. She was picked up on a warrant Ohio, but that is something that we’re continuing to look into along with the FBI. So we’ve had some, it’s been a busy couple of weeks here for the sheriff’s office and investigation along with patrol has done a very nice job with that. Mayor Furlong: Some very good stories. We appreciate that. Lt. Jim Olson: Yeah. Last thing I’d like to talk about real quick is just school’s going to be starting up soon, including the new Chanhassen High School. We’re going to have some extra cars on for that, for the first couple of days just helping out with the traffic flow and monitoring that. We’re excited about that coming in and just, I would ask people to use patience and drive carefully now that school’s starting out so. Mayor Furlong: Okay. Lt. Jim Olson: And did you have something else Mr. Mayor? Mayor Furlong: I did. With regard to the individuals that had all the stolen items from the cars. Lt. Jim Olson: Yes. Mayor Furlong: If residents have a concern or wondering if maybe their items were in there, what would be the best way for them to find out? Lt. Jim Olson: I would encourage them to call our dispatch center at 952-361-1231 if they are missing items and they were not reported to us. Even if they were reported, please give us a call and we’ll talk to them and try to match up the property that we have with the rightful owners. Mayor Furlong: Okay. Very good. Thank you. Any other questions? Councilman Litsey: I was just going to you know recognize like already has been here but the stellar job that you and the members of the sheriff’s department have done and just, there’s been some really high profile cases and it takes a lot of resources in managing that appropriately. It looks like you’ve done just a great job so thanks. Lt. Jim Olson: Thank you councilman. 3 Chanhassen City Council – August 24, 2009 Councilwoman Ernst: I just have one question. Lt. Jim Olson: Yes ma’am. Councilwoman Ernst: I’m seeing that for the most part all of our crimes have been going down with the exception of the citations and I’m looking at where we are year to date with, well actually for the month. From 2008 to 2009. Is there a specific location where you’re seeing these, I assume that they’re speeding citations more or less? Lt. Jim Olson: You know there’s a variety of citations but our citations have actually been going down also. Are you looking at June or July ma’am? Councilwoman Ernst: I’m looking at June. Lt. Jim Olson: At June? Okay. There was. Todd Gerhardt: Six. Councilwoman Ernst: Yeah. Well it was in 2001 and then it went to 2000, or I’m sorry, 201 to 215. Lt. Jim Olson: Yeah, you know there’s a variety of different places and different, you know our citations involve a lot of different things, not only just traffic. They also involve you know underage drinking and domestics and so on and so forth. We do try to get the neighborhoods, as well as you know some of the other roads. There’s some different roads that I have on a list that are kind of our hot spots that are traffic problems throughout you know, you know throughout the year or throughout the years that I’ve been here and involved. Like Pleasant View Road. Lake Lucy Road. Galpin Boulevard. Just you know where we get a lot of complaints from so I try to have folks concentrate on that as well as neighborhood areas as well. Councilwoman Ernst: Well the reason I thought that that was separate because I was looking at traffic alcohol. Lt. Jim Olson: Yes. Councilwoman Ernst: It’s 5. So I thought that, so the citations is inclusive of all of that, is that correct? Lt. Jim Olson: Yes, that is correct. Yes. Councilwoman Ernst: Okay, thank you. Lt. Jim Olson: Yep, absolutely. 4 Chanhassen City Council – August 24, 2009 Mayor Furlong: Any other questions or comments for the Lieutenant? No? Very good, thank you. Appreciate your wonderful report this evening. Congratulations on the successes. Good evening. We’ve got Assistant Chief. Assistant Chief Roger Smallback: Good evening. I’m Roger Smallback. Assistant Chief. Chief Geske is out of town this week. Mayor Furlong: Alright. Thank you. Good evening. Welcome. Assistant Chief Roger Smallback: Month to date we’ve had 44 calls for service. That is a fair amount above the average, but this anomaly is going to be attributed to weather related cause. Of those 44 calls, there’s several that are notable. Most notable is we did have one structure fire nd in Chanhassen. That occurred on Sunday, August 2 at 2339 hours. That was a result of a lightning strike. There was on arrival we had flames on the roof. The fire did get into the attic area of this house but we were able to get on the fire fairly quickly and confine the fire to the attic space on the house. It never really got into personal property and belongings and although th there was some smoke damage and water damage to personal property. August 6, mutual aid to th Eden Prairie. Was also a house fire in Eden Prairie. August 8 was a busy night. We had 7 calls between 2200 and 0447 so 7 calls in about a 6 hour timeframe. Five of those calls were in Chanhassen and were weather related and unremarkable. Two of the calls, there was a mutual aid to Victoria for a significant structure fire there. Lightning strike, and 8 minutes later we got a call to Eden Prairie mutual aid for another significant structure fire, lightning related and we in turn ended up having Excelsior Fire come in to help cover Chanhassen while we had units in the th adjoining cities. Last significant call, mutual aid to Eden Prairie August 12 and that was to do with that plane crash that occurred in Eden Prairie. On a more positive note, National Night Out, th August 4 we had 3 crews out. Three trucks out and made 9 stops in the neighborhoods and it th was a beautiful evening and it was well received by all. Finally October 11, looking ahead th here. October 11 is going to be the fire department open house this year. The open house has kind of evolved over the years. Many years ago it was kind of open the doors and look at the fire trucks and talk to the fire fighters and that, and it, the attendance increases every year. We try to add new stuff every year and it’s really become more of a public safety fair than just a fire th department open house, so also a personal invitation to all of you to attend. October 11, 1:00 to 4:00 p.m. Mayor Furlong: Thank you. Assistant Chief, could you, that’s the culmination really of Fire Prevention and Fire Safety Week. Assistant Chief Roger Smallback: That’s correct. Mayor Furlong: And I know that the department does a lot of work and our fire fighters take a lot of personal time off their regular jobs to help out. Could you talk a little bit about the activities the fire department and the fire fighters, the members of the fire department do. Assistant Chief Roger Smallback: For Fire Prevention Week? Mayor Furlong: Yes, please. 5 Chanhassen City Council – August 24, 2009 Assistant Chief Roger Smallback: Fire Prevention Week in Chanhassen is probably one of the finest. There are, I wish I had been prepared with some statistics on that but there are many of the fire fighters take vacation days to work the Fire Prevention Week and when I say work the Fire Prevention Week we either have children from the elementary schools and stuff into the fire station and put on a program for them there at the fire station and in some cases we go out to the school and put on a program out there. These programs that we put on are customized to the age group. The first graders, second graders, third graders all get age group specific programs. They, some of them have to do with the real little ones they have a couple video tapes that we show them and then from there we go into kind of show and tell things. There’s one of the activities that we do is the stop, drop and roll. Teach them that. Practice that. We have what we call a safe escape trailer which is a, it’s like a smaller mobile home trailer that’s converted into rooms that have simulated fire hazards in them. Bring the children into the safe escape trailer. Show them the fire hazard. Ask them what to do about it. There’s one room’s a bedroom. We simulate smoke coming into the bedroom and how they would escape out of the bedroom. Finding two escape routes out. Things like that. And so there’s a lot that goes on, and again I wish I had the numbers but I believe it’s like, there’s 3,000 some kids that we run through the programs over the course of the week. Mayor Furlong: And that includes not only Chanhassen Elementary and Bluff Creek but also St. Hubert’s School. Assistant Chief Roger Smallback: That is correct. Mayor Furlong: Chapel Hill Academy I believe. Assistant Chief Roger Smallback: That is correct. Mayor Furlong: Okay. No, it’s a great program. We appreciate it and thank you for, I know you were unprepared. Sorry to catch you off guard but I appreciate it. Assistant Chief Roger Smallback: It’s very enjoyable for the fire fighters too. Like I say when we go out to neighborhoods like on National Night Out or Fire Prevention Week or the open house, it’s fun for the fire fighters to be able to meet and talk to people when they’re not having a problem so. Mayor Furlong: Exactly. Very good. Assistant Chief Roger Smallback: It’s fun for all. We enjoy it. Mayor Furlong: Excellent. Any other questions or comments for Assistant Chief Smallback. Councilman Litsey. Councilman Litsey: Oh I’m sorry, I was just going to say that the educational component of what you do is really appreciated. I know that’s a big part of it in addition to fighting fires. 6 Chanhassen City Council – August 24, 2009 Assistant Chief Roger Smallback: Yes it is. Councilman Litsey: I think it speaks well the reception you get from the community in terms of the support for the fire department too so, thanks. Todd Gerhardt: Mayor, council. It’s difficult to really see who’s having more fun. If it’s the kids or the fire fighters out there watching them. And I think we have pictures that show that they’re all pretty much have a huge smile and having a good time so. Assistant Chief Roger Smallback: Yep. Like I say it is a lot of fun. Councilman Litsey: You’ve got some pretty cool stuff. Assistant Chief Roger Smallback: You know hats off to Mark Littfin and Ed Coppersmith. They’re kind of the coordinators, driving force behind the Fire Prevention Week and the Fire Marshal and Deputy Fire Marshal so we’ve already been working on this for many weeks already in preparation for it. Mayor Furlong: Very good, thank you. AUTO MOTORPLEX SITE PLAN AMENDMENT: REQUEST FOR AN AMENDMENT TO SITE PLAN PERMIT 2006-34 TO ALLOW DECKS. APPLICANT: BRUNO SILIKOWSKI. Kate Aanenson: Thank you Mayor, members of the City Council. Bruno Silikowski, the applicant is requesting an amendment to the site plan for the construction of some decks off the storage units, and I want to be clear that I think what he’s asking for was really driven by the staff’s interpretation of, and just clarification from kind of the original interpretation of the use of this property and just to make sure that the Planning Commission and the City Council was comfortable with the original use of it and kind of where it’s ending up. So while we say the applicant, it’s really the staff wanted to make sure that everybody’s comfortable with this. So the application is for the current site for the Auto Motorplex which is located just off of Audubon, south of the General Mills property and north of the railroad tracks. This is the site plan as approved for the units themselves. And the application, the site plan, I’ll show you some pictures of the architecture in a minute but the site plan itself has evolved a little bit as far as the architecture and the like. When the applicant was before you and the Planning Commission, the intended purposes that people would rent these spaces for their automobiles, or whatever their hobby may be. Whether it’s motorcycles or the like and be able to have them in a heated area with being able to observe them with cameras and the like and to his benefit it’s evolved into something even probably more than he thought it would be and that’s that they’ve finished off the spaces and made really nice amenities in each of the units. And part of that, the architecture moved up beyond what the original site plan showed and there were some architectural elements that were added, and those included some, what we would consider architectural balconies as opposed to a deck. So the request now is to go beyond a balcony but actually a large deck and those are located then, you can see here on this drawing, and I’ll show you photos of what the perspective would be. B, which would be 3 by 6 by 10 by 16 or on D, 8 by 14. So there’s 7 Chanhassen City Council – August 24, 2009 significantly more space outside the building so again if you think of more of a stagnant type storage unit where you put something in and you maybe come back in 6 months and check on it. This is a very dynamic type of use and that’s where the staff wanted to make sure that everybody was comfortable with how this use is being enjoyed. We did send notice to the, at the Planning Commission meeting, to the neighboring property. We got a few calls but really nobody showed up to that meeting and the Planning Commission did support the change for the request for the, for the decks, but there was a 4 to 2 vote and the 2 that voted against, there was a condition in the staff report that talked about that they’d be limited to not being enclosed. Two people felt that that should stay that way. The rest of the Planning Commission, the 4 voted that they didn’t care if they were enclosed. Whether some were screened. Some were glass enclosed so that really kind of leaves it open for how they could be used because you’re adding quite a bit of additional space so they did support, the majority supported, just kind of leaving it open to the applicant and the condition was completely struck from the Planning Commission recommendation. And certainly the one condition caveat is they would still require all building permits would have to be, you know so it needs to be engineered or meet all current building codes. So the area we’re talking about are shown on those drawings. Again those would be those sites that overlook the wetlands because in the other areas you’re impeded by drive aisles or fire lanes or the like. So these are some of the views of the site itself. To the west. Southeast. Again you can see that a little bit more differentiated in the articulation and these would be the platforms. The, what we would consider by building code on these would actually be balconies as opposed to an actual deck. And then again looking at those as more architectural. So this is where the difference from the staff with the applicant saying well I’ve already kind of had these and we said well we saw those as more architectural type uses that you wouldn’t be out there. Now we’ve kind of evolved to kind of an open space and would the neighbors care if there’s more activity and kind of what they thought maybe the intended purpose was more like I say stagnant or kind of quiet as a little bit more evolved. More pictures of the storage units themselves. And then this is the club house with the kind of the bridge between the two buildings themselves. Again this is probably the most articulated building on the site. And these would be the buildings that would have the biggest decks and I did some pictures looking the other way. You can see that window. The patio door up on the top. So looking back. Another view. The existing balcony. Excuse me, deck. We have to make sure we differentiate between deck and balcony. And then this would be the distance between the, the Planning Commission asked questions of what those spacings would be so we did provide that additional information on where would the closest structure be if someone was one their deck. So this is what they’re looking at. So the question came up at the Planning Commission, would they, because they wanted to put a rough structure on them too. So this isn’t the, this structure. This is the intended applicant’s proposing to make them integral. The matching architectural so here’s where the divergence came with the Planning Commission on. What if you enclosed these, being 16 feet potentially and they became year round, would that make a difference so there were some that didn’t care. Some that wanted them to be all uniform in their look. Whether some be, they all be screened or all be, right now the applicant’s stating that he didn’t anticipate anybody enclosing them. And then those are governed by their internal architectural standards and their own association covenants that would manage that. The Planning Commission chose to be silent on how that would be administrated. Leave it up to the association. So these would be the views that they want to capture those people in those units would want to capture. The looks of those units. Overlooking the wetlands itself. So and when it went to the Planning Commission again, this is the other condition that they had choices. 8 Chanhassen City Council – August 24, 2009 Again we were just concerned, is this where you wanted to go? Are you comfortable with where this has moved? I didn’t want 3 years later to come back and say how did we end up with such a big deck on one of these that’s enclosed and how is it being used and so we wanted to, because we felt it kind of diverged from that, the original intended purpose. The Planning Commission felt comfortable in the fortitude, just whether or not they were screened or uniform in that approach. So the motion that’s in your staff report on the front page is the motion that supported what the Planning Commission had recommended. So with that I’d be happy to answer any questions that you may have. Mayor Furlong: Thank you. Questions for staff. Councilman Litsey. Councilman Litsey: Yes. You know originally it was talked about this was a place for auto enthusiast to store, maintain and view other vehicles. Does it not, this expand that to more of a social aspect? I mean what’s the purpose of the deck if you’re really there to look at the cars and talk about cars and stuff? Is it to barbeque afterwards or? Kate Aanenson: I’ll let the applicant speak to that. I guess that’s kind of what we wanted clarification on because there was a club house that we thought a lot of the gathering would happen, but actually there’s a lot of gathering in individual units. Looking at other persons cars and they’ve actually enhanced some. They have bathrooms and some have bars, sport courts so they’re enhanced way beyond, so they’re actually using them in a different way than was originally intended. Again that’s, I’m not saying that’s right or wrong. It’s just gone, it’s kind of evolved and we want to just make sure everybody’s comfortable with that. It’s not a, it’s very dynamic in how it’s being used so we just want to make sure everybody’s comfortable with that. Councilman Litsey: It just seems an expansion of what, when we originally looked at what it was intended for. I’m not saying necessarily at this point whether it’s good or bad. It’s just different and. Kate Aanenson: Yeah. Well the first thing that we looked at was the building code and it is consistent. It is, it does meet all the building code requirements of how it’s being used and the uses that are in there and you know the fire code and those sort of things so really then what it came down it is the zoning. And just what the neighbors understood it to be and we want to make sure that if they had an opportunity to weigh in on that because I think they felt like this was a use that was next to them and kind of quiet but as the applicant explained that, they haven’t had any complaints about the neighbors and they police themselves because certainly they all have value and expense in their ownership and making sure that it’s being run how they want it to be to be successful and maintain it’s value so it’s self policing to that extent. We just want to make sure that everybody understood how it’s being used today and will be in the future as opposed to kind of maybe the original. Councilman Litsey: Thank you. Todd Gerhardt: And one point to add to this is that this is a new product you know for the entire state of Minnesota. I don’t think there’s another product like this and I think Kate kind of hit it on the head. It’s evolving and it’s evolving more than you know I think even Bruno’s 9 Chanhassen City Council – August 24, 2009 expectations were when he originally started to develop. So it’s one that is kind of interesting. If you’ve driven out there and taken a look, we should encourage people to improve their properties and you know, but you’ve got to watch the border line that it doesn’t turn into a residential type development and that people aren’t permanently staying out there. But we want them to enjoy it. They’ve got a huge investment in there and you know I think it’s done tastefully and the units that he is proposing to put in are not in the drive aisles so there isn’t the potential of somebody driving into a footing or anything like that. It’s protected. Mayor Furlong: Other questions at this time? Councilman McDonald. Councilman McDonald: I’ve got one question. I know they do a lot of things on a couple Saturdays and everything and you said you know none of the residents showed up to the meetings so I take it that the noise levels and everything have been kept within acceptable limits then. Kate Aanenson: Yeah. Those are special events that we do look at. We haven’t had problems with any of those yet either, and those obviously are going to be summertime activities for the most part so. I think going back to what the city manager said too, it’s the concern is that, and this is kind of self policing because the Planning Commission in their meeting also discussed hours. You know what happens if someone’s going beyond the normal hours and they do have hours of operation that normally, they have a gate and some of those sort of things but kind of going that it doesn’t end up that people are spending the week or weekends out there, or vacations out there kind of thing and has a different atmosphere so again it’s kind of evolving. We just want you to be comfortable with where that’s evolving to and the changes that have happened. Mayor Furlong: Anything else? Councilman McDonald: No. Mayor Furlong: Other questions for staff? Councilwoman Tjornhom? Councilwoman Ernst? Questions? Just a couple questions on my part. One of the, one of the conditions speaks to, or proposed conditions. Let me find it here. Condition number 3 speaks to requiring a design or signature by professional structural engineer and a design professional in terms of obtaining or required in obtaining building permits. Are these normal requirements in a, just at an office industrial district? Kate Aanenson: Those conditions were put in by the building official so I would say if you want to add a caveat, if required by building permit, that they would be required. Mayor Furlong: Okay I guess I’m. Kate Aanenson: These are off the ground quite a ways. They’re not. 10 Chanhassen City Council – August 24, 2009 Mayor Furlong: Will they have, I mean because the picture you showed of that one deck, and I’m not sure what the distance out away from the building is but there are no posts or footings there as you would typically see in a residential deck. Kate Aanenson: Right. Right. Mayor Furlong: And is this, is it a footingless or a postless type of, and maybe this is a question for the applicant. Is this what you would expect and that’s why it requires the higher standard because it isn’t a typical? Maybe I’ll save that but I guess from a city standpoint why did we think it was necessary to require, if they were to go forward and put decks on, require to have the. Kate Aanenson: This is the drawing of where the one door is coming out. Mayor Furlong: Okay. Kate Aanenson: So it’d be difficult now at this point to put in a footing or post to attach it so, but I’ll let the applicant answer that. Mayor Furlong: I’m sorry. Could you say that again. Kate Aanenson: I’ll let the applicant answer that but certainly… Mayor Furlong: Yeah, that’s fine. Kate Aanenson: …we would only require it if the building code requires it. If you want to add that as a caveat on that condition. Mayor Furlong: Okay. Alright. Kate Aanenson: It wouldn’t be any more onerous than we require to get any other permit in the city. Mayor Furlong: In this zoning? With the regard to an office industrial zoning is what you’re saying? Kate Aanenson: Yeah. Mayor Furlong: We don’t need to be any more. Kate Aanenson: No. Mayor Furlong: There’s no greater concern with these than. Kate Aanenson: Absolutely. 11 Chanhassen City Council – August 24, 2009 Mayor Furlong: Okay. Kate Aanenson: Right. And again speaking to, we put them on, they’re placed on the side where there’s no other driveways or anything like that because they wouldn’t meet. Mayor Furlong: From a safety standpoint. Kate Aanenson: Correct because you wouldn’t have clearance, that’s correct. Mayor Furlong: …driving into a post. Kate Aanenson: That’s correct. Roger Knutson: Mr. Mayor, just so we’re clear. It’s the type of construction that drives the building permit requirements. Not the zoning so the building official determined that based upon this type of construction you need those kind of added safeguards. It’s dictated by the building code. It’s not a local requirement. Mayor Furlong: Okay. Okay. Todd Gerhardt: And my guess is if we were going to put roofs on these, you want engineered drawings for the truss and the rafters that are going to be as a part, if you’re going to have a roof on it. That’s typically what we ask for engineered drawings and then depending on how big it is, the size of the footing. You know that typically doesn’t… Mayor Furlong: That’s usually part of the building process, and I’m, I mean this is, I mean most people think of decks and decks with roofs or porches is very typical in a residential area and I don’t know what’s. Kate Aanenson: I think again in this we try to make all the conditions a catch all so this is kind of the clearinghouse of all the conditions so later on the applicant says I didn’t know I needed to get this, so it’s really, it doesn’t have anything to do with the zoning application. Mayor Furlong: Okay. Kate Aanenson: We’re just making sure that they understand the conditions. And maybe it’s as simple as any required permit must be obtained. That would cover it too. Mayor Furlong: Deck structures or. Kate Aanenson: Any necessary. Mayor Furlong: Will require a building permit. Kate Aanenson: May require a building permit and that must be obtained. That’s the intent and whatever those conditions are for that permit. 12 Chanhassen City Council – August 24, 2009 Mayor Furlong: But Mr. Knutson you’re saying that typically you see these more in the nature of the construction might require an added level of design or. Roger Knutson: Right. It has nothing to do with the zoning. Mayor Furlong: Understood. Roger Knutson: It has to do with the type of construction and I think you can just say, I think the detail is in there just to give people a heads up. That hey you might need something more than you’re expecting, but if you don’t that’s fine. It’s just saying if we require it by the building code you must. Mayor Furlong: Requirement of documents may include. Roger Knutson: Yes. Mayor Furlong: Would that be an appropriate way of doing that? Kate Aanenson: Yeah, and that’s fine. Agreed. Councilman McDonald: Well if I could just ask you a question about that. I’m not quite sure where you’re going with that. I mean part of what I guess I would see on this is, this is somewhat to me commercial and because of that you’ve got weight limits on decks. You’ve got capacity that I would think we would have an interest in making sure that at least to a point it’s safe for a number of people to be out on them. Mayor Furlong: And that’s fine. I’m, and I’m being, I guess I’m not forming an opinion yet. I’m trying to ask questions but typically we wouldn’t see this in a. Councilman McDonald: Oh, okay. Kate Aanenson: Point of clarification. The plans were submitted. That’s how this got caught so the building official already looked at the plans and made a determination so really all we’re trying to say is, you need a building permit. Mayor Furlong: Okay. We’re spending too much time on that. Okay. Kate Aanenson: Yeah. Mayor Furlong: Nope, that’s fine. The other question I had, was there anything, and was there anything in the original approval or in this area that deals with outside storage? Kate Aanenson: No, and that’s, that was one of the reasons why we, the staff felt, I didn’t want in a year down the road these are built and someone says how in the heck did we go from here to there and then that’s where I think the applicant and the staff kind of you know just like, we just 13 Chanhassen City Council – August 24, 2009 want to make sure there’s full disclosure on this because again to their, to his credit it evolved into something bigger than he imagined and you know people enjoy going down there and with like minded people and. Mayor Furlong: But I guess, when we approved the site plan. Kate Aanenson: No. Mayor Furlong: We didn’t put any limitations on outside storage. Kate Aanenson: There was no outdoor, there was no outdoor storage permitted. Mayor Furlong: So that would not change? Kate Aanenson: Right. Well the Planning Commission did also spend some time on that too. Would there be stuff, would their things be stored on the decks? Outdoor decks. That question was also asked. How they’ve, and there was some discussion on that. They left it open ended but the applicant did state through their own covenants they would try to manage that. Mayor Furlong: Okay, but when we originally approved the project back in 2006. Kate Aanenson: Correct. Mayor Furlong: Was there a restriction on outside storage? Do you recall? Kate Aanenson: Well I think we approved the site plan with no outdoor storage so that’s… Mayor Furlong: So, and that’s not being changed? Kate Aanenson: Correct. Mayor Furlong: Okay. So these wouldn’t be used, I mean we wouldn’t expect to see these being used for significant storage or piled high with excess stuff. Kate Aanenson: That’s correct. Mayor Furlong: Okay, because the original approval did not allow outside storage and. Kate Aanenson: That’s correct. Mayor Furlong: And that’s not being changed. Kate Aanenson: Correct. Mayor Furlong: Or not proposed to be changed here. 14 Chanhassen City Council – August 24, 2009 Kate Aanenson: But for, let’s make, again just for clarity. If someone leaves patio furniture out there or something, then we need to talk about what your intent is for outdoor storage because there may be some of that out there and I don’t know, I just want to make sure you’re clear on expectations. Mayor Furlong: Okay. And I think storage with the original purposes is to work on auto parts. Kate Aanenson: Okay. Mayor Furlong: To have significant auto parts or to be an extension of the storage use of the facility. When we hear the use here is more for the social aspects, that I think a logical person, a reasonable person would say patio furniture or grill, something like that is not storage. No more than it would be inside so that, but I appreciate you clarifying that. Kate Aanenson: Okay. Mayor Furlong: Okay, and then the other question I have Mr. Knutson probably for you is, if there are, and I realize we’ll have a question on the covenants and this is you know, people need to be good neighbors but we already, if there’s ever an issue with noise or late hour activities we have existing protection for neighbors with regard to nuisance ordinances and noise ordinances. Roger Knutson: Just as they apply to everyone else they would apply. Noise and nuisance. Mayor Furlong: Yeah. Yep. And I think we’ll hear that we haven’t had any issues which is, gives everybody comfort. Okay. Very good. Any other questions? Follow up questions? Okay. Mr. Silikowski is here this evening. Good evening. Anything you want to address the council on? I know you addressed the Planning Commission. We appreciate your comments there. Bruno Silikowski: Well I think just this one quick comment just because of the fire marshal. I’ve got to tell you Mark Littfin, he has been fantastic. I’ve never had a city official that I’ve had more enjoyment working with. He’s just got a practical way of going about it. Nice guy. He’s just very approachable and always available. I’ve got to tell you you’ve got a great guy on your staff so, for what it’s worth. There’s a whole lot of inaccuracies that are being. Pardon me? Todd Gerhardt: Better than Kate and I? Bruno Silikowski: …be happy to, no but there’s just a whole lot of inaccuracies that are being spoken here so a lot of these conversations are going off on tangents that are completely off base so I mean the short of it is. Mayor Furlong: Okay, maybe you can try to clarify it. Bruno Silikowski: Well no, it’s okay. Could I speak first? Mayor Furlong: Please. 15 Chanhassen City Council – August 24, 2009 Bruno Silikowski: Just a quick moment. I mean the short of it is this. The one thing that’s changed that I didn’t expect is that we’re having a lot more relatively wealthy people move into the complex than I expected so the short of it is, as we all do, we like nice things so you know it’s like buying a car and buying a car with a sun roof. Does it change the car? No, but it makes the driving experience a little bit more fun. Do you really use it? You hardly ever open it, right? It’s kind of, sort of a similar parallel with this. They want a deck. You know they want to have some place where they can go outside and sort of like take in a view and have a little bit of fun. That’s it. So this is not about anything more than that, so this is not like your, I don’t know I’ll try not to you know, but the short of it is you know it’s not like some trailer park where people are going to be hanging out living on a deck. This is a totally, totally different group of people. And many of you have been out to our facility and you’ve seen the events. You’ve seen the people. This is incredibly creative. In fact I’ll share one last other fact for you. It’s, originally I expect this to be about a $16 million dollar project. It’s gone to a $22 million dollar project. This is well over, easily over 3 times the tax base you would have gotten if some commercial project were to go out there and I know exactly the project that was going to go in there. So I’m hoping actually you guys will look at it a little differently and that is help me. Help me be successful. I mean we’ve been, this will be 2 years this December since we started moving people into the complex in an economy that’s just been crushed. It’s been crushing people. Now you know I got lucky. Now maybe I don’t know whatever but we did some things right but I don’t count by stars too quickly. I mean I need help. I mean don’t get me wrong. Every sale we get is an individual sale and you work for it. I need the help. So when you guys look at this stuff you’ve almost got to get the feeling like yeah it’s so you know flamboyant, whatever. It’s not. This is what people want. This is what’s helping me sell. This is what’s helping me to be successful so I hope you take that into consideration is we’re within the guidelines. We’re non- nuisance. We’re doing things, in fact if you look at our facility, the architectural features of the exterior have far exceeded what I said I was going to do and actually have then I think very creative. I mean the neighbors, we have neighbors coming over from across the way telling us thank you and they’re appreciative of how things look and how things go and in fact we have two neighbors that now who have joined us in the campus, so they like it and it’s been a good thing. You know so many people from down the street. Not just from across the pond. So there’s a lot of I think positives that you know I don’t know, somehow it’s getting lost in this thing so as much as a good academic discussion about knowing where things are going that Kate brought up, but big pictures you guys I mean you know this is something that you know everything evolves a little bit. This hasn’t gone too far, it didn’t stray too far from where I intended to but there’s some things here that cropped up that I didn’t expect you know back in ’06 when I talked about it so. Just out of fairness. Mayor Furlong: No, and I appreciate that and I will at least address my questions. Bruno Silikowski: Sure. Mayor Furlong: You know don’t read into the questions more than just the questions themselves so what we have to do is just make sure that we know where the parameters are. Bruno Silikowski: Sure. 16 Chanhassen City Council – August 24, 2009 Mayor Furlong: And make sure that we understand what’s being asked. What’s allowed. When it’s allowed, it’s all part of the public process. Bruno Silikowski: Got it, yeah. Mayor Furlong: So. Bruno Silikowski: It’s hard not to get personal sometimes. Mayor Furlong: I understand that. I understand that but don’t read into the questions. Bruno Silikowski: So I’d be happy to answer any questions you have. Mayor Furlong: No, and that’s good. That’s good. Bruno Silikowski: Thank you. Mayor Furlong: Any questions for the applicant? I guess I will, some of the questions that I asked dealt with that in terms of the outside storage. You have association covenants or. Bruno Silikowski: We do. Mayor Furlong: And do those permit outside storage? Bruno Silikowski: Do not. Mayor Furlong: Okay. Alright. So that’s consistent. And I think the other thing was with regard to the permit but I think we’ve got that answered and we can talk about that as well so, anything else? No? Okay. Thank you. Appreciate it. Let’s bring it back to council for discussion then. Thoughts and comments. Councilman McDonald: I’ll go first. Mayor Furlong: Councilman McDonald. Councilman McDonald: Yeah I’ve been out there and I was on the Planning Commission when this came together and remember the outpour about it and I’m actually quite proud of this one that you have assimilated in the community quite well and I really do like the idea, you know the open houses you throw because that’s giving everybody an opportunity to kind of come out and see exactly what goes on here and I think the community’s appreciative of that. I mean I know a lot of people take their kids out there to see the cars and yeah, it is just one big car show. It is just fantastic. It really is. Yeah I guess I’m not surprised at this after seeing the inside of some of these garages so I’d be in full support because again I think it’s been a real plus to the community and whatever we can do to help you, you know again within the reasons of the original deal and everything and you know the only concern I guess I would have had is you 17 Chanhassen City Council – August 24, 2009 know if you had all the neighbors bringing pitchforks and you know ready to burn you down, but it has really changed and a lot of that I have to give you credit. You did listen to people and you know you did what you could to fit it into the community so I think from that standpoint yeah I’m more than willing to support this. Mayor Furlong: Okay, thank you. Other thoughts or comments. Councilwoman Tjornhom. Councilwoman Tjornhom: Yeah, I haven’t been out there but I certainly, I mean the pictures in the packet don’t compare to what we saw tonight. It looks like a very nice place to store a car, if you could. I think you know the term that kind of sums it up is that it’s uniquely evolved into what it is right now and I just love the fact that we have something uniquely evolved in Chanhassen again. You know I think we’re a town that I hate to say no to anything like that. And so architecturally I think you’ve done a phenomenal job and I think I’m thrilled with your success and I’m certainly ready to approve any motion being made for this tonight. Mayor Furlong: Okay. Councilwoman Ernst. Councilwoman Ernst: Well obviously it’s from every, from what you’ve said, from what Kate said and from what I’ve heard from most is that there are no concerns with the neighbors. I believe that it totally, the deck would totally compliment the structure of the building and I agree with Todd, I think that it was done very tastefully in terms of how that would look. And I think it ties into our economic development within the community and so I read all the Planning Commission notes and I would totally support this. Mayor Furlong: Thank you. Councilman Litsey. Councilman Litsey: I agree with the statements that have been made. I think it is an expansion of what originally understood it to be but I’m looking at it from what’s been stated that it’s kind of an evolving project. Kind of a nitch thing that you’ve been respectful of the process. Case in point is bringing it forward tonight to make sure we understand exactly where this project is going so I can support it. Mayor Furlong: Okay, thank you. I think when, bottom line the purpose of this whole project from the beginning and Mr. McDonald mentioned that many of us were involved with that process and it was unique and it was, everybody kind of stretching out a little bit and trying to do something different and it’s nice to see the success when it does happen. Primarily the purpose here is for storage. That’s the consistency with the underlying zoning. When we look back at the beginning of the staff report it’s the city’s discretion approving or denying. Whether or not the project fits with the zoning ordinance, zoning requirements. Clearly this is a secondary use. It’s an extension of the use of the facility. I think it can be very easy to say that it complies. That being said, I also agree with the other comments that were made earlier with regard to economic development. Doing something unique in the city. The connection that the property owners and members of this organization have done to the rest of the city and residents with the open houses so I mean it’s all those things added on top of it when maybe our decision legally is focused on the zoning. All those other things also just make it, make it that much better so I certainly support it. With regard to the specific question of the condition, I mean I’m fine 18 Chanhassen City Council – August 24, 2009 leaving that the way it is since that was specifically recommended. I just wanted to make sure that we weren’t adding anything onerous on top of what would be there and I’m not hearing that. I’m hearing it’s a normal, expected requirement so I’m comfortable keeping it in there. And it also does, by putting the language out there, make sure that those expectations are managed so that we don’t have misunderstandings and we’re always looking to try to bring back, so I think it makes sense for a variety of reasons and I’d certainly support it. Any other comments? If not, would somebody like to make a motion? Councilwoman Ernst: Sure. I make a motion that we approve the amendment to the Site Plan for Auto Motorplex Planning Case #09-13 permitting installation of decks in the locations highlighted in the staff report subject to conditions, and I have the mayor’s glasses on so I’m quite sure. Mayor Furlong: 1 through 4. Councilwoman Ernst: 1 through 4, page 8 of the staff report. Mayor Furlong: That should help you see better. Todd Gerhardt: Now it all makes sense. Mayor Furlong: Now I see. Todd Gerhardt: You need to get 3 more pair mayor. Mayor Furlong: Coming in 2 weeks. Motion’s been made. Is there a second? Councilwoman Tjornhom: Second. Mayor Furlong: Thank you. Any discussion on the motion? Councilwoman Ernst moved, Councilwoman Tjornhom seconded that the Chanhassen City Council approves the amendment to the site plan for Auto Motorplex, Planning Case #09- 13, permitting the installation of decks in the locations highlighted in the staff report, subject to the following conditions: 1. The development shall comply with the conditions and requirements of site plan Planning Case #06-34. 2. The decks shall not encroach into or above any easements. 3. Deck structures will require a building permit. Required submittal documents include: a. Design (and signature) by a professional, structural engineer. b. Revised civil drawings by the respective design professional. 19 Chanhassen City Council – August 24, 2009 4. If decks/exterior balconies are to be constructed, the City will need to review the plans to determine if a fire sprinkler head will be required under the deck/balcony. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Bruno Silikowski: Mr. Mayor could I ask, make one more comment? Mayor Furlong: Usually I would advise somebody not to after they got it but if you would like to go ahead. Bruno Silikowski: I want to say something good. Mayor Furlong: No, that’s fine. No, absolutely. Please come to the podium. Bruno Silikowski: Well I guess what I want to try to say to you, and I know you guys are all getting excited about us as much as you know I am and my clients are but we’ve been getting so much good press and I just think it would be really smart for us to work with the city to try to get more coverage for Chanhassen specifically because my business is getting, we’re in New York Times. We’re going to be in the Robb Report. We’ve been in, as a matter of fact there’s another article coming up in the Wall Street. We’ve been in Forbes Magazine. There’s a whole bunch of publications and frankly what’s been happening, it’s been gaining momentum. I’d like to be able to give back to Chanhassen and I think if whomever you might appoint within the city to work with me, and on our kind of our publicity side of things, I think there’s a lot of good things we could do for the city back as well so just as a point I’d encourage you to do that. Mayor Furlong: No, I think that makes sense and I would encourage you to work with Todd and Laurie at the city in terms of some of the marketing issues. The other thing, and maybe some of th your clients are already doing this but at the 4 of July there’s a classic car show that’s right at city hall and I know you do some of the things and maybe some of them are already participating but looking to work in those ways too would I think be very well received. th Bruno Silikowski: Absolutely. Well the year before this one we were at the 4 of July deal. Unfortunately our one event was actually on the same day at the same time and so it was one of those situations that it kind of clashed. We do events on the first Saturday and the third Saturday th of each month and it just happened to work out the way it did with the 4 of July. Otherwise absolutely. Mayor Furlong: But whether it’s the car show. Whether it’s the parade. You know those are good ways to you know share some of the passion and the love that they have with thousands of people. Bruno Silikowski: Absolutely, and I’ll tell you one thing. It’s an event called Cars and Coffee. It’s public and you all know about it. It has become the largest, believe this or not, the largest cars and coffee in the nation. Right here and we don’t talk about it. We need to talk about it. We need to talk about Chanhassen. We need to talk about how it’s all integrating into the, and it’s you know what about this community. Why is it so popular here and all that. There’s a lot 20 Chanhassen City Council – August 24, 2009 of good stories to be told and I just am encouraging that we should do that. We should work together. Mayor Furlong: I think that will be very well received. Bruno Silikowski: Good. Thank you. Councilwoman Ernst: Thank you. Councilman McDonald: Sounds as though we could use him in our application for Money Magazine next year as another reason to come to Chanhassen. Mayor Furlong: Yep. Very good, thank you. COUNCIL PRESENTATIONS: Mayor Furlong: Just a couple I have. One, the Southwest Metro Chamber of Commerce is sponsoring a, I guess a town hall meeting or sponsoring an event with Congressman Klein tomorrow afternoon from 4:30 to 6:00. It’s going to be at the School of the Wise II so any residents that are interested in coming and meeting the Congressman and listening to issues. I know they’re welcome to come down there. The Chamber of Commerce is sponsoring that event. Again that’s tomorrow afternoon from 4:30 to 6:00 at the School of the Wise. And then also Southwest Transit, which is the transit authority is having an open house at Southwest Village on Saturday. This coming Saturday. I believe it’s from 9:00 to noon. 9:00 to 11:00 so they are also offering, this year they are offering State Fair service directly from Southwest Village. This is the new station and parking ramp down at 212 and Highway 101. So in the past there’s been service, during the weekday I think it’s going to be offered from Wooddale Church in Eden Prairie but on the weekends it will be offered from Southwest Village. In the past it’s just been on the weekends at Eden Prairie parking ramp but this year it will be right here in town. First Saturday of the State Fair is this weekend. There will be an open house in the morning there as well with some reduced fairs available and other information. So if you’re interested I’d encourage you to stop down for that as well. Very good. Mr. Gerhardt. ADMINISTRATIVE PRESENTATIONS: Todd Gerhardt: Couple of new facilities that have opened in the last couple weeks here. Walgreen’s at 41 and 7 is open for business so we’re proud of that business. Kwik Trip has an nd opening coming, I see the Mayor has a flyer there. Grand opening on September 2. nd Mayor Furlong: September 2, yes. And that’s the Kwik Trip down, right by Southwest Village or 101 and 212. Todd Gerhardt: Correct. 101 and 212, off of Lyman. Yep. And the one that we’re really excited, which I think is making history in the community is the opening of the high school. We’ve got school starting here in 2 weeks and they’ve got a lot of work to do yet but. 21 Chanhassen City Council – August 24, 2009 Councilman Litsey: Think they’ll make it? Todd Gerhardt: I’m told they’re going to make it and it’s looking great around there. They’re finishing up the landscaping now and I know you’ve been invited to their community picnic. I invite the public to participate in that and. nd Mayor Furlong: That’s September 2 as well, is it not? Todd Gerhardt: Yes. And if we can support that new high school in Chanhassen. The new Chanhassen High School that would be great and very proud to have that facility in Chanhassen and watch all the activities that are going to take place there and see the kids graduate and create history right there. That’s pretty special day. Councilman Litsey: I believe, was it KARE 11 did a little story on it about a team with no seniors on the football team but it was a 2 year program they said but they did talk very nicely about the school and the athletic facility there so it was a positive thing. It was just, they may not have, hopefully over the next couple of years they’ll get into the winning mode so. With just juniors and sophomores, you bet. Mayor Furlong: I think that happened in Lakeville didn’t it? Where they opened the new school they. Councilman Litsey: Had no seniors? Mayor Furlong: Same thing. No seniors at the new school and I think the new school beat the old school. Councilman Litsey: Well the kids they interviewed had a great attitude so if anyone can do it they can. Mayor Furlong: Absolutely. Todd Gerhardt: Well having a senior last year I think they’re occupied during the year… They’re very busy seniors let me tell you so. Other than that, department heads did a tour of Camp Tanadoona. Another one of our jewels in the community. What just a great place to walk and their new philosophy is to open it up for the public and they really want the public to come in and walk around in their facilities and utilize it and let people know they’re here. It’s our second oldest business here in Chanhassen next to Gedney Pickle and so they do a great job and the kids were just having a blast there when we were on our tour so hopefully we can schedule for the City Council to go out there and take a look and they are going to be making improvements. Bringing in new modern facilities to the area and there’s a lot of history there too so I don’t want to take too much away from the tour that you may go on and hear about. Another thing, public works building’s moving along nicely. The office and file room and kitchen facilities have been poured and maybe we can stop by there after our tour with, at Camp Tanadoona and give you a quick tour of that facility. It’s really shaping up nice. That’s all I have. 22 Chanhassen City Council – August 24, 2009 Mayor Furlong: Good, thank you. Any questions for Mr. Gerhardt or his staff? No? Okay. CORRESPONDENCE DISCUSSION. None. Councilwoman Ernst moved, Councilwoman Tjornhom 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 8:10 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 23