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CC 2003 01 27CHANHASSEN CITY COUNCIL REGULAR MEETING JANUARY 27, 2003 Mayor Furlong called the City Council meeting to order at 7:05 p.m. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Lundquist, and Councilman Peterson Mayor Furlong, Councilman Labatt, Councilman COUNCIL MEMBERS ABSENT: Councilman Ayotte STAFF PRESENT: Todd Gerhardt, Roger Knutson, Justin Miller, Teresa Burgess, Todd Hoffman, Kate Aanenson, and Bruce DeJong PUBLIC PRESENT FOR ALL ITEMS: Mark Beckstrom Misty Hiben Janet & Jerry Paulsen Mark Senn Albin H. Olson Deb Lloyd Uli Sacchet Melissa Gilman Lakeshore Weekly News Lakeshore Weekly News 7305 Laredo Drive 7160 Willow View Cove Senior Commission 7302 Laredo Drive Planning Commission Chanhassen Villager PUBLIC ANNOUNCEMENTS: INVITATION TO FEBRUARY FESTIVAL. Mayor Furlong: First item, a couple public announcements. This Saturday will be our annual February Festival held out at Lake Ann Park. This is an annual event that the City conducts in cooperation with local businesses and sponsors and I'd like to invite all the residents and their family and friends to come out and join my family and me for a fun time. The event starts at noon. There will be sledding, snow permitting, skating and a bonfire. Boy Scout Troop #330 is going to be selling kits to do some s'mores for the bonfire. The Chanhassen Lions will be offering some hot food concessions. The ice fishing contest will run from 1:00 to 3:00 with $2,000 in fishing contest prizes to be awarded, and a total of $3,500 up for grabs. It should be a fun time. There will be bingo and a search for the Friends of the Library medallion which is buried somewhere in the city. I think those are already happening. Finding the medallion is worth $1,100. This is a great day and a great way to have some fun during the cold winter months here. Mr. Hoffman has guaranteed that there wilt be warm weather and the fish will be biting so we'll take him up on that and I encourage everybody to come. PRESENTATION OF THE MINNESOTA LIVING WELL COMMUNITY AWARD BY MAUREEN MELGAARD-SCHNEIDER WITH MID-MINNESOTA SAIL/EDP. Kate Aanenson: Can I just take a couple minutes before she, I just wanted to say that this is something that the staff had worked with, specifically Sharmeen A1-Jaff on our staff. We had presented a request from the Senior Commission to do a survey. We found a different way to do the survey. Instead of $16,000 we found a way to do it for a lot less. $25.00. We actually used City Council Meeting -January 27, 2003 the internet. Worked with the Senior Commission to survey the community so I'd like to thank Sharmeen who was unable to be here tonight, for all the work she did and the Senior Commission for the work that they've put in. Maureen Melgaard-Schneider is here to make a presentation to the City Council and the Senior Commission. Maureen Melgaard-Schneider: Maureen Melgaard-Schneider. Seniors... Independent Living. Good evening Mr. Mayor and members of the City Council. I'm I'm the Regional Coordinator for Mid-Minnesota SAIL. The Mayor Furlong: Excuse me. Could we have you speak to the microphone so the folks at home can hear as well. Maureen Melgaard-Schneider: I'm sorry. Maureen Melgaard-Schneider, Mid-Minnesota SAIL. I'm the Regional Coordinator for the Seniors Agenda for Independent Living, Elder Care Development Partnership. We serve 13 counties, Carver County being among them and we've had the pleasure for the past several months of working with the Chanhassen Senior Commission. I want to let you know City Council and guests that you have a very active Senior Commission and they have been a model for other senior commissions in other neighboring communities so you need to feel very proud of their work, We worked in partnership to survey the city of Chanhassen to find out how ready are you for growing numbers of older adults. Are you senior prepared and are you senior friendly? And out of that has come the survey which I believe was in your packet and I'm going to ask if the Senior Commission members will stand up and maybe they could, could they give their names? We start with Sherol. Sherol Howard, Dale Geving, Jean Mancini, Mel Kurvers, Tom Faust, A10lson. Maureen Melgaard-Schneider: As I said, it's been a pleasure working with these folks. The survey has led us to believe that we have an additional partnership to do together. We are considering the possibility of updating our senior services directory for Chanhassen and not only would it be a paper directory, which we know can sometimes get out of date, we would also include it on the web site and make it available technically for people who have access. So that will probably be the next thing that we work on. I'm here to present you an award to the City of Chanhassen for being a Minnesota Living Well community. We have appreciated the test marketing that you' ve done. The survey that I referred to, and again the opportunity to work with go-go senior commission and I really am very proud to present your award. Mayor Furlong: Thank you very much. Can we get you up here and the entire Senior Commission for a quick picture? Maureen Melgaard-Schneider: Sure. CONSENT AGENDA: Councilman Peterson moved, Councilman Lundquist seconded to approve the following Consent Agenda items pursuant to the City Manager's recommendations: a. Establish 2003 Fees: 2) Resolution ~2003-05: 3) Resolution g2003-06: 4) Resolution F2003-07: 5) Resolution #2003-08: Group Picnic Reservation Fees Engineering Fees Development Review Fees Surface Water Management Program Fees City Council Meeting - January 27, 2003 7) Resolution 82003-09: Liquor License Fees 8) Resolution #2003-10: Dog and Cat License Fees 9) Resolution g2003-11: Waste Hauler License Fees 10)Resolution g2003-12: Recreation Center Fees d. Approval of Engineering Consultant Contracts. e. Approval of MnDot Partnership Agreement. f. Authorize Well Siting and Consultant Work Order for Well No. 9. Resolution 82003-13: Approval of Request for Tax Exempt Gambling Permit and Temporary On-Sale Beer and Wine License, Spring Fling School Fundraiser, April 26, 2003; and Resolution g2003-14: Request for Tax Exempt Gambling Permit to Conduct a Car Raffle, St. Hubert Catholic Church. ho Resolution g2003-15: Approval of Request for Tax Exempt Gambling Permit, Minnewashta Elementary School Fundraiser at the Chanhassen Dinner Theater. i. Approval of Bills. Approval of Minutes: - City Council Work Session Minutes dated January 13, 2003 - City Council Minutes dated January 13, 2003 Receive Commission Minutes: - Planning Commission Minutes dated January 7, 2003 - Park and Recreation Commission Minutes dated December 10, 2002 Resolution g2003-16: Approve Amended State Aid Variance Resolution for Century Boulevard Improvements, Project 97-1C. 1. Resolution g2003-17: Accept Utility Improvements in Powers Ridge Apartments, Project 00-04. n. Approve Recommendations for the Environmental Excellence Awards. All voted in favor and the motion carried unanimously with a vote of 4 to 0. VISITOR PRESENTATIONS. None. LAW ENFORCEMENT/FIRE UPDATE. Sgt. Dave Potts: Good evening Mayor, Councilmen. I'd like to welcome our new mayor. Councilman Lundquist as well. This is my first meeting in front of the new council, and will also be my last. Mayor Furlong: It's nothing we said. Sgt. Dave Potts: No, you're well aware of some of the changes I believe the Sheriff has gone through the council on some of the changes down at the sheriff's office and new assignments for City Council Meeting - January 27, 2003 some of the sergeants and reassignments for some of the other sergeants, and I'll be touching on that before my presentation is done this evening. First to just kind of what I normally do for the council is go through the items I listed in the memo that I've addressed to the mayor and council. First one typically is the sheriff's office area report for each month, and what we have because this goes through the month of December, we have the entire year to kind of review back on, as well as the numbers for 2001. So just thought I'd review those quickly for council regarding some of the numbers that increased or decreased a little more significantly than most others. Numbers do fluctuate year to year. Not a big deal but I thought I'd just point out, just for council information, some of the numbers that had bigger changes in them. First off at the bottom of the, it's kind of the cover page. It shows 2002 monthly, 2002 year to date, 2001 monthly and 2001 year to date. Kind of list of criminal and non-criminal calls that officers responded to. You see at the bottom of those lists there for 2001 there were 10,500, and in 2002 9,900. Shows kind of a significant decline there of about 600 calls. But about half of those, just over 300 of those calls were in the area of vehicle lock-outs. During 2002 is when the sheriff's office discontinued it's practice of responding to vehicle lock-out calls so that number dropped about 315, which makes up again about half of that 600. But some of the other numbers that dropped up in the criminal area, miscellaneous criminal which is just a, kind of a whole conglomeration of more minor criminal type calls were down by 33 from last year to, or from 2001 to 2002. And theft calls were down by 35. Down in the non-criminal area, alarms. Mostly burglar alarms that are typically false but get checked on. They're down by 40. Domestic disturbance calls were down by 47. Animal calls were down by 42. Interestingly, 3 of the main calls that the fire department responds to, those being medical calls, fire calls and accidents with injuries, were all down 43, 38 and 33 respectively. A few of the numbers that went up from 2001 to 2002 include the assisting other agencies. That would be giving some mutual aid assistance to the City of Chaska police department who is our main one, but may assist Eden Prairie, Minnetonka or the South Lake area as well. Boat and water calls were up 43 from year to year. Traffic was up 117 and that number includes all the traffic calls and traffic stops and anything traffic related. And then where it says special traffic, down at the bottom, was up 86 and those are the traffic details that officers perform as part of our kind of focus on traffic enforcement that I'll touch on in the work plan summary for the year. That' s just a brief overview on some of the number changes from year to year. Does council have any comments or questions on the number sheets there? Okay. Item number 2 is the sheriff office area citation list. I don't have any comments on that, unless council had any comments or questions on that item. Okay. Continuing, item number 3 is the year end summary for the 2002 work plan, and for Mayor and Councilman Lundquist's information, the work plan was something started by Sheriff Olson when my position, the sergeant's liaison position first started here in 2000. It was kind of a way to bring our ideas, as well as members of the City Council and city staff' s ideas and formulate it into an annual work plan that gets kind of formulated at the beginning of the year and then with a summary at the end of the year. And the work plan items can be simply focus areas. Areas that we all kind of agree on should be areas that officers kind of hit on during the year, or can be specific goals or objectives that we would like to accomplish during the year. So that's kind of a little bit of the history on it. Just to go through some of the items briefly. Under contract administration, Project Leadfoot. Page 2 and 3. Number of paragraphs there. The only comment I have specifically is it mentions 16 new neighborhood contacts during the year. Those contacts are generated by citizens calling us with a concern about traffic safety, usually speed in their neighborhood or a street near their home and we typically will kind of work with that neighbor. Send them a packet. Our Project Leadfoot packet that has a lot of information, both educational as well as actual activities that they can become involved in. And it mentions only 3 or 4 of those contacts and it took the next step and did some of those activities in their neighborhood. And kind of what it highlights for us is, it's a small percentage of people that get actively involved but yet with Project Leadfoot in place, we do have a nice, solid process for dealing with those types of complaints, and cutting down on the 4 City Council Meeting - January 27, 2003 recurring complaints from the same area. Perhaps different people because when we have all of our records at hand we can review those with new complaints and kind of, it steadies the whole way we deal with traffic complaints throughout the city. It' s a nice program. One of the items in there talks about the sheriff's radar trailer is an item we use. We can use it in the winter when there isn't a lot of snow, but mostly it's a fair weather tool that we use. Displays the passing motorist's speed as they drive by it. That's one of the more positive parts of the program or the visual things that people can see when they're driving around the streets and something we try to use quite a bit. We utilize a part time or a reserve deputy to place that trailer out in the morning and then return it in the evening. Sometimes we kind of run short of getting people to do that, so what one of the ideas I mentioned we're looking at ways to more fully utilize that trailer in Chanhassen. One of the ways we're looking at doing that is perhaps coordinating with the city public works department and having that trailer stationed right here in Chanhassen and having maybe some of the city employees be able to put it out and take it back so we can get more regular use of it throughout the city, as just one idea with regard to that. Moving on to page 4 under law enforcement operations, item number one is traffic enforcement. Traffic enforcement has been an ongoing focus area well before we had a work plan or a sergeant liaison to the city of Chanhassen. We kind of formalized it into the work plan here, and in my summary I mentioned enforcement visibility, and kind of way of a definition. Enforcement visibility is the perception that the deputies are always there, in any given spot and the reality that the motoring public never knows when we will be there. So we try to hit some of the common areas around the city for traffic complaints as well as a lot of the more heavily city streets. For example on the west, Minnewashta Parkway. One of those through streets connects Highway 5 and 7. Get a lot of traffic through there. Lake Lucy Road. Pleasant View Road. Bluff Creek, down towards the south end of the city. Some of those more well traveled city streets that we try to focus some of those enforcement visibility efforts on. And that's where I mentioned these special traffic details. Something that we've been using during my time in here and kind of increasing our use year by year. Here in 2002 approximately 145 of those special traffic details where an officer is parked or working heavily in a specific area. Specific street on the city. Increased our visibility in those areas a total of 50, between 50 and 70 hours. A little more visual impact, as well as during the time 60 citations and 92 warnings for just those special traffic details. And then since I was putting some numbers in there about the special traffic details I thought I'd just give you a feel for how the traffic enforcement numbers sort of break down, and that moves into page 5 where I mention 1,750 traffic stops were conducted during the year. 700 miscellaneous traffic calls. 300 driving complaints. 150 alcohol related traffic calls or, and/or stops. And 350 motorist assists, kind of the whole traffic ball of wax there. Looking back in history a little bit, while that total for 2002 would, under our traffic line would add up to 2,730. Kind of taking a step back, 2001 would have been 2,613. 2000 would have been a significant jump down to 1,611. '99 would have been 1,406. '98 was 1,583. And there's a lot of factors in that big jump from 2000 being 1,600 and 2001 being 2,600. One of the major factors is that was a transition period for the city in increasing their contract with the sheriff' s office. Going from where they Were prior to 2001 at 32 hours of patrol service a day, up to their current starting in 2001 of 48 hours a day. So you brought more deputies into the city that way and of course that's always going to increase your numbers. Internally some things that have changed is officers calling in their traffic stops more frequently than they did years ago, so that can change the numbers as well. So when we see a number jump like that, 1,000 in one year, there's a lot of factors that go into that. Not just that many more stops were made in one year. But they are increasing year by year. The last sentence under that traffic enforcement piece talks about that the traffic enforcement, see traffic details are incorporated into standard information that will be updated and distributed to Chanhassen deputies annually. And that same sentence is in a couple other areas in the summary, and what that's referring to is, I've started a packet of information that be distributed to deputies annually, and it lets them know that traffic enforcement, the city parks, juvenile violations, these are every City Council Meeting - January 27, 2003 day, run of the mill things that are important throughout the city despite whether they are or are not on the work plan that we have with the city. So that's kind of what that comment refers to. Moving on to juvenile violations. I also put some numbers in there, and I was a little hesitant to because I wasn't sure of the accuracy, the complete accuracy of the numbers. What I was able to find out is, it looks like my numbers under juvenile citations should probably be pretty accurate. I don't have any numbers for traffic citations for juveniles because they don't code those separately. Nowadays most juvenile traffic tickets are handled just like adult traffic tickets. They can mail in their fine or whatever, where it used to be a separate process where they had to go through court and everything else. So they don't keep the same stats for traffic citations as they do for others. But you'll see I've listed several numbers there. 33 alcohol use. 19 drug or drug paraphernalia. 10 assaults. 10 thefts or shoplifting. 9 curfew and 11 others. Total of about 90 tickets. I don't have the numbers for '01 but looking back at 2000 we had 65 total citations for juveniles, 25 of those being alcohol and drug were combined at the time so it went from 25 in 2000 to about 52 in 2002. So the numbers are increasing there. And I do mention that. It's more of a standard practice now to deal with juveniles in an enforcement capacity rather than years ago you'd catch some kids with booze, take the booze away. Tell them to, you know get on home or whatever. It's not like that anymore today. Handled more in a more formal process and a more enforcement process. Due to just the times are changing. We see the problems that alcohol and drugs can bring us and therefore some of the stricter enforcement measures. Moving on under crime prevention, public safety education. I'd just like to mention under this area, this is not specifically work direction for the city's crime prevention specialist, Beth Hoiseth, but more how the sheriff's office is going to work with or the how the sheriff's office should focus some of it's work with Beth and her endeavors. Communication with local businesses is the first item where it mentions the contract supervisor working with the crime prevention specialist. And the business crime watch network is one of our, is our biggest business communication piece. Primarily through the use of e-mail as well as education to businesses in reporting procedures and calling us when the need arises are the two big things there. Kind of boasting over 100 businesses signed up for that program so far, and it's going to be a big push again this year for both the business watch network as well as the neighborhood crime watch as well. I mentioned in the summary that a presentation that Beth and I were going to be doing for the Chamber, that was going to be happening in I believe it was, we were going to do that in November was postponed. That's actually going to be happening tomorrow at the Chamber's luncheon so that will wrap up kind of that piece of our 2002 plan. And my last comments on the work plan are under the community involvement participation area. Item number 2. Community events. This just highlights the number of events, kind of chronologically through the year where the sheriff's office either participated or sponsored or assisted the city in some of their events, and that was just kind of a laundry list for council's information there. And with that, comments, questions regarding the work plan summary? And for Mr. Mayor and Councilman Lundquist, the summary, what it is is, it's the actual work plan that we started with and then the paragraphs under the heading of summary are just what I added here at the end of the year. Councilman Peterson: Very thorough. Very nice. Mayor Furlong: Very good. Any questions? Councilman Labatt: No. Mayor Furlong: I guess two things. One, I know the council had an opportunity to meet Sergeant Olson earlier. I see he's here tonight. Welcome. What sort of transition process are you going through with Sergeant Olson' s part of the transition? City Council Meeting - January 27, 2003 Sgt. Dave Potts: Well Jim currently works a county wide roving shift as a patrol sergeant and that allows him to get into Chanhassen, so him and I will be sitting down here between now and February l0th when the actual change takes place so I can kind of bring him up to speed on sort of what I've been doing for the last 3 years up here and I've got quite a laundry list in my office to go over with him. But then even after that, I'm still just a phone call away so I'm sure there's going to be issues you know. Things come up. It gets quiet and then they resurface a few months later so we'll still be exchanging information and phone calls and that kind of a thing as well. And because Chanhassen's where I grew up. It's a place I like a lot, I'll still be working with Beth in some of her crime prevention activities. She's always looking for extra deputies to help out in that respect as well so, I'm not going anywhere really. Just different assignment. Mayor Furlong: Well we certainly thank you for your services over the last 3 years. I know you stepped into a position that was new and there's been a lot of change and we appreciate your dedicated service over that time and wish you well in your next assignment. Sgt. Dave Potts: Well appreciate the comments. Thank you very much. Under my miscellaneous items. Mayor Furlong: I thought you were done. Sgt. Dave Potts: No. You can't get rid of me that easy. This is my last night. I'm going to stretch it out a little bit. Mayor Furlong: Alright. Sgt. Dave Ports: The 2003 patrol schedule is attached. That's the sheet that looks like this one right here. And what I do each year for the council is just highlight what the patrol schedule looks like here in the city. I list the names of the deputies that actually work in the city and kind of break down where those 48 contract hours come from. And it just denotes there all the letters A's are the contract deputy hours. The deputies work 10 ~fi hour shifts. I just to keep it easy here kind of listed it as 10 hour shifts and we have a patrol team one, patrol team two. That means that when patrol team one in on their days off patrol team two is working. So you have 5 deputies that cover the city each day. Two on the day shift. Kind of an hour staggered in their shifts. Two on the afternoon-evening shift and then our overnight guy. Then t put some of those X's in there, both on team one and team two. Beginning February l0th we'll have a county wide roving deputies and those deputies will assist throughout the county as the call load dictates, as well as filling in if somebody takes a day off, calls in sick, that type of thing. And then as you move down it just shows the Chanhassen liaison sergeant as well as the primary investigator for the city of Chanhassen. And then I list the county wide roving supervisors, both the sergeants and the corporals. They're going to be working 12 hour shifts, so that's why you see a 6:00 a.m. to 6:00 p.m. shift and 6:00 p.m. to 6:00 a.m...regular deputy is out, for some reason the corporal can fill that shift and that's throughout the county again. Wherever the need may be. And I always put a note on there that it's, when you look at this you kind of get a feel for the deputies that are in town but it doesn't necessarily give you a feel for what happens when the big calls come in. I usually throw those examples out during the year when we have some of our more major incidents, whether it be an accident or a criminal incident such as the American Legion robbery we had some time ago where we had I think 4 or 5 patrol personnel on the scene within a very short period of time. Chaska sent somebody up. Our investigators were called out. Our · administrators were called out so you know you're looking at 6, 8, 10 officers that will respond to something like that, even though certainly our contract doesn't show that. But those services are always available as the need arises. The next item I just threw in a brochure, just a point of City Council Meeting - January 27, 2003 interest for council entitled restored of conferencing. This is a program that's gone through a few different name changes and I don't know that I could remember them all. But basically what the program is is for some of the more minor juvenile offenses and bringing those juveniles into a little different system than just the run of the mill standard court system. Conferencing brings the victims in with the offenders as well as law enforcement and professionals to kind of facilitate a healing process and educational process that has been found to be both better for the offender in getting them not to commit this type of crime again in the future as well as satisfaction for the victims as well. Much higher than what the old standard court process has been in the past. We do have a full time person housed right out of the sheriff's office, Maureen Farrell who is kind of our direct contact with the program so we're looking for that to kind of grow as time goes on here. And when I talk about the more minor juvenile violations such as vandalism and petty theft and that kind of a thing, looking for a diversion than just running them through the standard court process. The next item was Chief Deputy Paul Tschida. I had hoped to have him here tonight. Just put you face to face with our new Chief Deputy and let him talk about coming on board but he wasn't available this evening so I thought I'd just let you know that I believe his official swearing in is going to be tomorrow morning at the County Board and he'll actually start his official duties kind of working with our current Chief Deputy Denny Owens for the next few days here and then taking over February 1st full time. So I'm sure he'll be up and you'll get to meet and greet with new Chief Deputy Paul and his last name is Tschida, even though looking at the spelling you might not guess that. And then I was just going to mention to the council my new assignment. Originally was, I would be a full time county wide patrol sergeant on the day shift but we've had yet another change and it looks like I may be housed right out of the sheriff's office in Chaska on administrative assignment down there. It hasn't been completely finalized. One of those two positions though, but that's what I'll be doing for the near future. So any comments, questions from council on those items? Mayor Furlong: I said mine earlier. Sgt. Dave Potts: I appreciate your comments. I appreciate. Councilman Labatt: I think I'd just like to thank Dave for his 3 years here of service for Chan. Nice to have you, and good luck in your new plans. Sgt. Dave Potts: Thank you very much. Mayor Furlong: Thank you. Chief Wolff? Todd Gerhardt: He was not able to make it tonight so we will get him on for our next meeting. SEWER BACKUP CLAIM, TOM O'BRIEN, 449 SUMMERFIELD DRIVE. Todd Gerhardt: If I could quickly give you a staff report and then open it up for Mr. O'Brien to comment. Mr. O'Brien was present at our December 9t~ meeting requesting the City Council to reimburse him for costs due to a sewer backup that occurred at 449 Summerfleld Drive. Mr. O'Brien's claims are approximately $16,000 in cleaning services, contents of about $6,000 damage and he's also asking that we install a back flow preventer and that the city issue a letter talking about the measures that have been taken that the incident not occur again. Staff is recommending that the City Council deny Mr. O'Brien's claim and encourage him to work with St. Paul Companies regarding his claim. City Council Meeting - January 27, 2003 Mayor Furlong: Thank you. Mr. O'Brien you're here. Would you like to make some comments? Tom O'Brien: Sure. Tom O'Brien, 449 Summerfield Drive. There really are 3 key points that I want to touch on. One would be negligence because that's kind of the key threshold with regard to St. Paul Companies in their denial of the claim, at least as I understand it. The other would be representation by an agent of the city which we received and the third point would be leverage in moving forward and trying to resolve the situation. First of all negligence is, as I understand it is defined as what reasonable people can agree to. If you refer to some of the information that's included in the background packet that Mr. Gerhardt supplied, for example from the letter I received from St. Paul Companies denying the claim. First let's talk about what we do know or what we think. I think we can all agree on. And I quote from St. Paul Companies. The most logical reason for the backup in your home was that it was caused by construction debris. Foreign materials could get in the lines through connections that are made for each individual household. Some examples of materials could be pieces of PVC pipe, rocks, dirt and sand. St. Paul Companies also, at least in this letter states that the City of Chanhassen had only, had control of the lines for 9 months and I don't think that's correct given the timeline that Mr. Gerhardt has provided. But their issue is that they don't think there was a reasonably foreseeable risk in that there was no way that the City could reasonably be charged with notice under those circumstances. If you look at the incident report, there's also agreement there. The logical culprit for the backup would most likely be construction debris. Foreign materials get into the lines through the connections, including PVC pipe, rock, dirt, sand or building materials. And in a similar incident that occurred in Eden Prairie, and I gave you some background on that as well. A letter that the City of Eden Prairie issued said that waste concrete had been dumped into a downstream manhole resulting in blockage and subsequent backup in the neighborhood. So I think we can at least agree that construction debris appears to be a fairly well known problem with regard to sanitary sewers. Now if we look at the timeline. December 15th of 1999, the lines that were installed were televised so at that point you knew that the lines were clean and I don't doubt that at all. On January 11a of 2000 the City accepted the utilities and that was roughly 3 years before our backup occurred which was October 12th of 2002. In Mr. Gerhardt's summary he notes that the city sanitary sewer jetting cycle is 3 to 4 years, but known problem areas are jetted more frequently. And again I think we can agree that the construction materials would constitute known problem issues. So then I guess the question would be what occurred from the time that those lines were jetted out and televising accepted by the City to the time that we had the blockage. And I've got something here that I can pass out. Todd Gerhardt: Tom, I handed that out so they have one. Tom O'Brien: Did you? Well let me just hand that out because it might just highlight a little bit what the situation was there on the particular loop that was involved. I think what you received from Mr. Gerhardt included the entire Springfield neighborhood, and I'm not even going to deal with that. I'll just deal with the area that included blockage. The blockage was found in Lyman Boulevard and ran down Summerfield Drive to our home at 449 Summerfield Drive. But when the City accepted the sewer lines, there were 10 homes along this street. By 2002 there were 50 homes there, so in the course of time that you took over the lines, and we had the blockage problem 40 new homes connected to that sewer line. Now to me it seems reasonable that the City would have known about the amount of construction that was there. Knowing that the construction debris is a known problem for sanitary sewers, I think reasonable people can agree that some measures should have been taken and apparently none were. So that's the first point. The second is representation by a city agent. We received, and again there's a copy of that in your packet. Cori Wallis with the Utility Department responded to the call. Jetted out the lines. 9 City Council Meeting - January 27, 2003 At the time when he completed it, as we were wondering what to do next, he said look. Clearly this was a city problem. We found the blockage out on Lyman Boulevard. It was backed up all along Summerfield Drive, and issued us the card that said send all bills to Chanhassen City Hall, Attention Todd Gerhardt, City Manager. Now we acted on this representation from the City and now we're being told that that won't be, that the City's not going to stand behind that. My third issue has to do with leverage. Mr. Gerhardt's recommending that we go back to St. Paul Companies and try to work through this claim but the troth of the matter is, the City of Chanhassen pays a $180,000 premium annually for this general liability policy that you have. You have much more leverage than I will with St. Paul Companies. Furthermore, if you think there is liability on the part of Lundgren Brothers, who had done the construction, you too have much more leverage than I do in dealing with them. The dollar amount that we're talking about is pretty insignificant to St. Paul Companies, to the City, to Lundgren Brothers, but it's quite significant to my family. So, but we've been patient up to now. Our request has been very clear. I think we've been reasonable and I'd like to get this issue resolved. Mayor Furlong: Thank you. Are there any questions from the council for either staff or Mr. O'Brien? Comments or questions. Okay. I guess from my standpoint, Mr. O'Brien we can certainly empathize with the situation. I do appreciate your patience. I know that was something that you have exhibited as the staff has prepared their findings. At the same time I'm inclined to support their recommendation at this time based upon the information I've received so, I want to thank you for your patience. I guess what I would like to do is ask if there's a motion. If there's a motion on this matter. Councilman Peterson: Yeah, I'd make a motion that we support staff's recommendation and deny the claim by Mr. O'Brien. Mayor Furlong: Is there a second? I'll second that. Is them any discussion on the motion? Councilman Peterson moved, Mayor Furlong seconded to deny the claim submitted by Tom O'Brien based on the fact that no liability exists on behaff of the City and that Mr. O'Brien continue to work with the St. Paul Companies to resolve his claim. All voted in favor, except Councilman Labatt who opposed, and the motion carried with a vote of 3 to 1. FINAL APPROVAL OF 2003 BUDGET. Todd Gerhardt: Mayor, City Council members. As a part of our 2003 budget, we still need to finalize $300,000 worth of expenditure cuts or new revenue sources. Staff is recommending that the administering of the rental licensing program come in-house. That would be an additional $50,000 in revenue that we would not hire out, either through a contractor or hiring a new employee. We are also asking for $32,000 in new revenues through our Park and Rec Department in a variety of different fees. Also looking at $59,000 worth of service level cuts out of our Park and Rec Department. We're also looking at not doing the 2004 survey, community survey and that we look to do that every other year. We are not going to hire the new street employee. Look to hiring that employee potentially in 2004. That's a savings of $32,000. We had also had excess revenue estimated in the 2003 budget, that's approximately $51,000. The elimination of old bank taxes. We were paying property taxes on the old bank as a part of our 2002 budget, and that was included as an expenditure in our 2003 budget. The bank is no longer being rented out so we filed for exemption on that so we will not have to pay those property taxes in 2004. Or '03, sorry. Maintenance materials from public works, reduction in sand and salt and a variety of other materials. Reduction of $35,500. And also other equipment for public works of $500 bringing the total increase in revenues and cuts to $300,000. And at this time staff would 10 City Council Meeting - January 27, 2003 recommend that the City Council endorse the 2003 budget cuts and new user fees and transferring the $300,000 to our debt service. Mayor Furlong: Thank you. Are there any questions for staff?. Any discussion? I think these were generally completing the proposal to transfer the $300,000 over to the debt service fund which is I believe what we wanted to be doing here with these funds so I commend staff for their efforts in putting these numbers together and for the work that they've done on this as well. If there is no further discussion, is there a motion to approve staff's recommendation? Councilman Lundquist: Motion to approve the staff recommendation of the $300,000 in cuts and transfers to the debt service. Mayor Furlong: Thank you. Is there a second? Councilman Peterson: Second. Mayor Furlong: Is there any discussion on the motion? Resolution ~2003~18: Councilman Lundquist moved, Councilman Peterson seconded to approve the 2003 budget cuts as listed and transferring $300,000 to the debt services account. All voted in favor and the motion carried unanimously with a vote of 4 to 0. ENDORSEMENT OF PROPOSED 2003 BUDGET REDUCTIONS AND NEW REVENUES IN ANTICIPATION OF POTENTIAL STATE AID CUTS. Todd Gerhardt: Mayor, City Council members. You probably read in the paper that there's some anticipated state aid cuts that will fall back onto the cities as a part of our state deficit. Right now the city receives approximately $330,000 a year in state aids from the State of Minnesota. Staff has put together a list of potential cuts as a part of those anticipated from the state. Some of the modified changes from the handout include, we added the $14,000 in savings from the old bank building. That got transferred to our permanent cuts as a part of our 2003 budget. We had also transferred $35,500 in maintenance materials to the 2003 budget cuts, and other equipment of $500. Moving street lighting to our state aid cuts of approximately $25,000, and staff is still anticipating an additional $25,000 worth of cuts to be determined in the future. Bringing the total to $248,91 ! worth of service level cuts and $63,600 in new revenues and approximately $25,000 in cuts to be determined, either through user fees or through additional budgetary cuts. Service level cuts. At this time staff is asking that the City Council endorse this list. After June when the legislators wrap up their session we would bring it back to the City Council for your consideration and prioritizing each of these proposed budget reductions. Mayor Furlong: Thank you. Are there any questions for staff?. Councilman Peterson: So just to clarify for everyone that these cuts, we're assuming that they're all going to happen so all of your activity and all your staff's activity will assume that these cuts will happen throughout the year, or throughout the first 6 months. Then you'll bring it back to this council to approve any variances from those cuts, right? Todd Gerhardt: That's correct. Councilman Peterson: Okay. 11 City Council Meeting - January 27, 2003 Councilman Lundquist: I just wanted to echo again what Mayor Furlong said in his previous note that, to thank you and your staff for going through and finding these cuts that are going to be to the public as a whole not a huge service level impact. I think it's important in light of everything else that's going on, that we can demonstrate that we're able to go back and find some money out there as our residents are telling us that our taxes are suffering. That we can go back and actually . find some money. None of these cut services, tax cut for our residents this year on the levy but I think it's important that we're demonstrating staff and council can go out and make those cuts so thanks for working with staff. Todd Gerhardt: Thank you, and I'll pass that on. Mayor Furlong: Any other questions for staff? Councilman Labatt: No. Mayor Furlong: Any discussion on these items? I guess the one item that I'd like to mention is under the proposed revenue increases under the fire department to begin charging for fire calls. I know we brought this up at the work session but that's something I think I'd like to review further and not that I'm necessarily removing that item from this list but maybe just if it's $5,000 from the fire department in new revenue sources rather than specifically specifying we're charging for fire calls and review. Maybe that's the way it will end up but maybe there's some other options in terms of false alarm charges or something else that we can look at. Todd Gerhardt: Okay. We can do that. I think during one of our work sessions we talked about potential false alarm calls and looking at that program also I know the fire department does track those items and we can bring that back and see what the number would be. Mayor Furlong: Okay, thank you. Any other questions or discussion? If there's none. Councilman Labatt: I just wanted to, we haven't approved the l(a) stuff yet. The consent agenda so in here though on these proposed revenues we're just endorsing these but we haven't approved them yet so. Todd Gerhardt: The actions taken on the fee schedule will then reflect back into this schedule and we can modify the numbers if we need to. If you increase them, you know we can reflect that. If you want to decrease any of the fee schedules, we can also reflect that in the schedule and make it up through potentially other cuts. Councilman Labatt: Okay. Mayor Furlong: Any other questions or discussion on this? If there is none, again I commend the staff. Councilman Lundquist said it well so I won't repeat but another good job and good collaborative effort. Is there a, do we have a motion yet? We don't. Is there a motion to approve staff' s recommendation for this item? Councilman Peterson: So moved as amended by your comments on the fire department issue. Mayor Furlong: Is there a second? Councilman Labatt: Second. 12 City Council Meeting - January 27, 2003 Mayor Furlong: Any discussion on the motion? Councilman Lundquist: Just for clarification. We are endorsing these cuts, we're not approving them at this time, is that correct? Todd Gerhardt: That is correct. And if I could just make a modification to the motion reflecting whatever fee schedule changes that you make, that we will reflect that as you're endorsed motion. Mayor Furlong: While endorsing, this is the scenario under which we will be operating until change by the council? Todd Gerhardt: Correct. Mayor Furlong: Is that clarified? Okay. Any other discussion? Councilman Peterson moved, Councilman Labatt seconded to endorse the proposed 2003 budget reductions and new revenues in anticipation of state aid cuts, as amended. All voted in favor and the motion carried unanimously with a vote of 4 to 0. APPROVAL OF PRELIMINARY AND FINAL PLAT FOR OLD VILLAGE HALL ADDITION. Kate Aanenson: Thank you. This is a preliminary and a final plat. We're doing both at the same time based on the, what we believe are an ability the Planning and the City Council to approve it. The subject site again is on West 78t~ and Great Plains. The underlying subdivision which I know was a little bit hard to read included several lots, and I'll just go through those with you. This is Lot 8A, B, C, D, E, F, G and H. Those are all the underlying lots of the Pauly/Pony/Pryzmus as we call it, or we're renaming it the Village Hall plat. Where the village hall located now includes the right-of-way into West 78th and the old right-of-way for Great Plains. And I'm just trying to take you back historically. Give you some perspective of how that looked. If you look at this. This is looking up Great Plains before it was realigned. The old Great Plains. This was the railroad tracks, which is you can see the old village hall. Can you see that well enough? That's where the old village hall used to sit. As the city contemplated a redevelopment plan for the area, they looked at relocating Great Plains and it was actually moved. Again this is, we moved this old village hall to the middle of the right-of-way which we vacated that right-of-way so we took the building which was on one of the lots so we could complete the Great Plains and put it on that right-of-way. That's why it's on that 66 foot wide that was right- of-way for the road. Since we owned it we moved it onto property that we owned. We had to relocate it. Just show you the back again of what those buildings looked like before, again this is a project from the HRA at the time to redevelop this site. The whole downtown, and I'll go through that again in a minute but that's what the backs of those buildings looked like. So if you take where this curb line is, just north of that is where this old city hall sits. So as you follow that through, if you can back that out again. That's how this property line, so what we're looking at is creating this lot. The right-of-way. The right-of-way for Great Plains. This lot and this lot and them will be a lot remnant. The curb line is actually what's shown on the back of that building right now is approximate where we came up with that line. This is a redevelopment project. What we're used to seeing is a lot of new development. I just wanted to go through with you on this project. This is Todd's project. Redevelopment of the downtown. The old downtown. Maybe you can just zoom in just a little bit for them. I just wanted to show you on the north side a similar project which Todd did. This would be the old St. Hubert's, which is now Chapel Hill. This building here, and then West 78th. So this shows the buildings that were sitting there in 13 City Council Meeting - January 27, 2003 place. The new Great Plains...buildings were relocated. Similarly the City bought those businesses, the four businesses that were there. Some of them were leased back for a period of time. Some of them were removed in the late 80's. Some of them were bought in the 90's and rented back and now they've all been removed for development purposes. I'll just put up the one more map as long as we're on that scale. I know it's hard to read but this map has all the property owners so there was a lot of assembling of undersized property. This is the central business district which has the most flexible zoning in the city as far as lot size. The minimum lot size requirement in this area is 10,000 square feet. This lot is not 10,000 square feet. We own that lot. The Planning Commission had concerns with the variance because it was undersized. Again it was plunked there to remove it from vacation of the right-of-way. When this plat came forward, since we are the applicant of the plat, there was an easier way to provide for this. When we do extractions for parks, which we do on a lot of developments. We plat them in outlots. There's no legal requirement for lot size for an outlot. To remove any variances from this project we could just create that as an outlot instead of a lot. Just call this Lot 1 and leave this as an outlot. Then there's no minimum lot size. It's where the village halt was moved to again. It is existing right-of-way. The Planning Commission had concerns that the plat was created, and again you saw the building lines that were sitting underneath before, included all that property. There is the parking lot behind that. So there is a way to accomplish it without variance. The Planning Commission didn't want to approve it with variance and did recommend denial of the variance for that lot. They also had concerns about the use. Again because the City owns it, any negotiation of purchase agreement would require us to agree that, and I'm assuming that the City would under that purchase agreement, make it a condition that it be approved by the Planning Commission and the City Council. Any site plan, which we've done with most of our other projects so the concern about that, we're cognizant of what the issues are. I believe the staff is, what the concerns are as far as design competing with the area and at one time had contemplated actually doing design standards for this area. So again, I did confer this with the city attorney just to be clear. We could create an outlot there. This is no minimum lot size standard. Really the goal is just to preserve this. It's an open space. This is green space. When the EDA bought the property, the intent was to develop the property. There was some consensus or some direction from the, and I put those notes in here, that when this property went to the park commission that they did consider it as a park site, as they did at the old, the other one that we acquired at the other end of town. The old Hanus-Red-e-Mix site as possibly pursuing for park. Since that time with, at that time the library expansion wasn't contemplated and the direction for the city park actually began in front of this building and as you approved tonight, that's where we're moving our resources. So with that we are recommending approval and if you wanted to approve it with the modification to this subdivision, you could approve it with modification of Lot 2 now just being called an outlot and then it would be in compliance. So with that I'd be happy to answer any questions that you have. Mayor Furlong: Questions for staff. Councilman Peterson: Kate, what was the square foot is going to be what? Kate Aanenson: For Outlot 2? Councilman Peterson: Yeah. Kate Aanenson: 7,392. Councilman Peterson: One of the things that the Planning Commission brought up is kind of a what if scenario. What if city hall, old city hall burned down and a different council decides to 14 City Council Meeting - January 27, 2003 slap something in there, and I don't know whether this is a question for Roger or not, but what kind of, what kind of caveats can be put in there to prevent something like that happening, if we can do it at all. Kate Aanenson: Yeah, and outlot's unbuildable, right? Roger Knutson: That's correct. How can you protect what you do now from the actions of future city councils? I think you know the answer. Councilman Peterson: Yeah. Roger Knutson: The City Council makes the rules and the City Council can change the rules. Councilman Peterson: Even if we change it to an outlot, a future council could change, redefine the outlot to. Kate Aanenson: A private lot. Roger Knutson: Or you know, I'll just make this up but you could for example replat it into a lot and change, grant a variance or change the minimum lot size. You know all sorts of possibilities but you really can't protect this from the actions of future councils. Councilman Peterson: Yeah. That's the only question I had. Councilman Labatt: Kate in your alternatives you talk about the historic conservation easement. Can you just talk a little bit more about that? Kate Aanenson: Yeah, I'm sorry I put this other one on to you. I wasn't smart enough to think of it sooner, but I did confer right before this with the city attorney regarding the outlot. The other one would be if we own all the property we would just put a conservation, we would just encumber the property by putting an easement over what we want to preserve. You know what we would do in any other, we'd just call it an easement for old village hall and whatever restrictions we want to put on there and we would do the same thing. That's another way to accomplish it. What we're trying to achieve is preserving that area right around with the village hall. That 60 feet by whatever where it currently sits, and again whether it's arbitrary or not, that curb line has served as the function of that little area. And it was really actually until the chamber went in there, it was pretty used infrequently. It doesn't have a lot of square footage to it, and actually in meeting with SHPO when we went through and moved the old, as part of the EA for the depot, when we moved it, they didn't want it moved to that area because what they consider, this is their term, not out term, is a zoo. It really should be left historically where it was. Once you start moving things it loses some of it's historical characteristics and because we tipped it at an angle that was also kind of a no-no too so historically it's not correct. But certainly there's integrity in preservation. It's not this person's intent to differ from that, preserving area as it's being used now, and I guess that's how we came up with that area that's currently what it's using that space now. And it would have a cross access parking agreement. Councilman Labatt: So are we better off doing the outlot or the easement? Kate Aanenson: Maybe that's a question I'll let Roger answer. I guess I hadn't thought of the outlot one til as we were sitting here tonight. 15 City Council Meeting - January 27, 2003 Councilman Labatt: 6:45. Kate Aanenson: We started talking about if you were to extract something, if it was a development we would want to preserve that area, we don't have a minimum lot square footage. Are we trying to get a different way to end the means? What we're really trying to preserve is that area as it's being used. That green space which was the old right-of-way. So I'll maybe let Roger, if there's any difference. Roger Knutson: They both get you to the same place. I don't, frankly I think whatever is administratively easiest to do would be the way to go because they both accomplish the same thing. Kate Aanenson: Administratively I would say probably just leaving it as an outlot. Roger Knutson: That's, all the change is a number to a letter. Kate Aanenson: Right. Mayor Furlong: You had mentioned Kate the difference between development and redevelopment. Can you expand a little bit on that on what you're referring to? Kate Aanenson: Yeah. Mayor Furlong: For my understanding. Kate Aanenson: Again going back to the plan for the downtown, when there was a lot of under utilized businesses in the core of the downtown. The HRA at that time put together a tax increment plan to remove some of the properties that were blighted, and again that was Todd's project that he worked on and tried to take and redevelop the downtown, some of those areas that were not paying the taxes that they could have been paying by not being at their full potential. So the plan was put together to buy some of those properties. Include some roadway improvements. Sewer and water improvements, to make all that happen to provide for future development and West 78~ as we know it today as it goes all the way out to 41. So this was kind of the catalyst for some of that older part of town that again wasn't being utilized. So long term, this was part of that, and it was acquired through the city's tax increment financing. Again on the north side, that project has already gone forward as I indicated. The medical office buildings. Maybe Todd, if you want to comment on some of the other buildings that were relocated. Todd Gerhardt: Oh you had so many. You had Bernie Hanson's Lawn and Sport dealership sat where the second phase of Medical Arts, between Axel's and the two story medical building. You had the Lebolla property. The whole entire downtown, that area had infrastructure that was 30 plus years old. If there was ever a fire in that area, we had to hook up a fire truck, we would have collapsed the watermain. You had periodic flooding in the area. There was no storm water system. You had a 3 phase electrical line that went through the downtown area. I think it took us almost 3 years just to clean up the title work that existed in the area. You couldn't see on one of Kate's handout's but there was remnant pieces all over the place. You had a single family house in the back of almost a heavily industrial area. There was the Hanus truck repair facility started out in that area where they would fix heavy duty trucks that needed body work. Bait shop. Two old gas stations. I mean it was quite a nightmare for a redevelopment project and so what we did is we came in, built uniform parking lots. Curb and gutter. Storm water system. The pond down here off of Market Boulevard is where all the storm water goes now. We had buildings that 16 City Council Meeting - January 27, 2003 physically had holes in their walls to let the water go through when we'd get those 100 year rains and so the Pauly/Pony/Pryzmus site was acquired and the improvements were made in that area, but they did exist once the improvements were made. They did not have uniform parking. The city had a large lot in there that old village hall sat on. And so we combined our parcel with a few of the other ones to make a public parking lot that you see today, with a trash enclosure in the middle that serviced both the Pony Express bar, Pauly's and the Pryzmus office and apartments that were up above. So the intent early on was one to try to have the existing businesses co-exist there that were not ready to be bought out and ultimately decided to sell out and for us to get a bigger and better use on the site and one that might be a little more appropriate for the area. Since that time when we demo'd the buildings, I think people were attracted to the open space that came in there. It was a site that we looked at as a potential library. We did have another potential redevelopment use for office retail user that was denied. A two story use that was not endorsed by the public or the City Council or Planning Commission. And no matter what would go on that site, we'd have to go through that same process and one that the City Council would have to consider that is an appropriate use. If anything is you control it. You own it. You decide if you want to sell it to whoever might develop on this site. But we did spend a lot of money in acquiring those sites and it is one of our potential revenue sources to help offset our TIF deficit. So that's redevelopment in 5 minutes. Kate Aanenson: Yeah, I was just going to add too. Similarly on the north side there's shared parking on the north between Medical Arts and Axel's. As you go in the back there, there is kind of common parking. It's my understanding that this parking lot would have a cross access for the village. It does with Remax, but then the parking lot would be sold to whatever that business is. As Todd indicated before, that was our parking lot. We kind of disassembled it all together. There were too many uses for that at that time and we took the first two buildings down. The other two sat there for a while. It just kind of cleans all that up. Get a use on there that meets the standards and go ahead. Mayor Furlong: I guess the question I have, and I think it was brought up in the Planning Commission was, since this is the City, or the EDA is the petitioner for this, are we treating ourselves the same way we treat a private developer in that similar situation? Kate Aanenson: I guess if you look on the north side of the street, again where we did the shared parking and worked those arrangements out and we pushed those buildings as close to the street as we could. We see this being developed similarly. You have a different feel that you're in that old town. Those were kind of our design standards. We see this being developed the same way. We want that building close to the street. You have a sense of arrival as you come from that direction and that's how we see this being developed, but meeting the standards. Mayor Furlong: And how about with regard to, and maybe the solution of an outlot...variance request but from the variance standpoint would we, has there been similar examples where private developers have...the same thing? Now perhaps not with the historical issue. Kate Aanenson: On the north side I'm not sure exactly. Todd Gerhardt: Well the north side we own all the parking lots with the Medical Arts buildings and Axel's so title to those parking lots are to the city. And we contract for snowplowing, seal coating, and lighting in the area, and then we assess that cost back to Axel's, the Medical Arts and similarly we do the same at the old village hall site. We assess back to the church, Remax and ourselves based on what you see the old village hall would create there. So are they all sitting on 11,000 square foot lots? I don't believe so and, but I mean we can verify that but when 17 City Council Meeting - January 27, 2003 you're working on redevelopment sites, you need flexibility in it. I mean they're difficult. The bowling alley is probably the one that's on everybody's mind right now and the title issues, the remnant pieces that go along with that are kind of the sticking point of why we don't have a purchase agreement on that site right now. Allowing the movie theater that sits in. You know you've got downtowns, they typically don't have setbacks. You try to get the sidewalk, the boulevard section in there and you bring it up to the street and I think Kate did show you what the impact of this site would be if you were to create old village hall as an 11,000 square foot minimum lot size in this area. You would almost make the other site unbuildable. Taking a big section from there. And so if you're intent is to try to redevelop the site, you've got to try to give the site flexibility in making it as marketable as possible. Mayor Furlong: Is there...do we have a, is there a potential buyer or? Kate Aanenson: There's interested parties. Mayor Furlong: Multiple parties or a specific? Todd Gerhardt: Yeah. I mean really when you go through the downtown area you only have 3 or 4 parcels that are available or on the market. As a part of our strategic plan last year and also as a part of our process in solving our TIF deficit, one of the solutions were to sell the parcels that the city owns and you get them back on the tax rolls and to take those revenues to help offset that TIF deficit. So that's what staff is doing with this replat is trying to make this site marketable and getting it ready to be sold. Mayor Furlong: Any other questions for staff? Council, any discussion? If not, we'll bring it back for discussion. Councilman Peterson: Yeah I think you raise a question, have we done, have we granted a variance before in situations like this. Not specifically in the downtown per se but clearly we've made reasonable variance requests happen before. I think this one happens to be one that's reasonable too. Particularly, obviously you're not even going to have to do a variance if you do an outlot scenario so that being said I'm comfortable moving ahead with either the outlot or the variance. I guess preferably the outlot is what we're leaning towards so. Mayor Furlong: Okay. Any other discussion? Councilman Labatt: Outlot's the way to go. Mayor Furlong: Okay. Is there a motion? Councilman Labatt: I would move approval per staff's recommendation creating Lot 2 as an outlot. Mayor Furlong: Is that sufficient? Councilman Labatt: Approving preliminary and final plat? Councilman Labatt: Yes. Mayor Furlong: Okay, sounds good. Is there a second? 18 City Council Meeting - January 27, 2003 Councilman Peterson: Second. Mayor Furlong: A second. Any discussion on the motion? Councilman Labatt moved, Councilman Peterson seconded to approve the preliminary and final plat for Old Village Hall Addition with Lot 2 becoming Outlot B, as depicted in plans prepared by Otto Associates, dated 9/12/02, revised 12/23/02, subject to the following conditions: 1. Revise the plat name to Old Village Hall Addition. 2. Record cross access agreement for Outlot B and the Re/Max site across Lot 1. 3. Record a parking agreement for Outlot B against Lot 1. The property line between Lot 1 and Outlot B must be a minimum of ten (10) feet away from the existing Old Village Hall building. All voted in favor and the motion carried unanimously with a vote of 4 to 0. CONSENT AGENDA: Mayor Furlong: Why don't we move at this time to those items that were pulled off the consent agenda. Take them, well let's take them in order unless based upon discussion...move them around, l(a)(1). Park dedication fees. Councilman Lundquist. Councilman Lundquist: Mr. Mayor, the reason I asked for this one to be removed is these are fees that we typically, that we do charge to developers...developments and they go towards constructing new parks and trails and services for the community and staff recommendation, with all the follow-up comparisons to communities in the metro area, some of similar size or bigger size, vary in ranges. Staff's recommendation was that we have single family units that charge $2,200 a unit, multi at $1,800 a unit and commercial at $7,000. In looking at the back-up in the pages and the spreadsheets, in comparable communities to our's that have an extensive trail system and extensive parks and value that park and open space as much as Chanhassen does, I think that our, given the cost of our land that we need to acquire to build those, I'd like to see the fees go to the proposed residential single family at $2,400 a unit, multi at $2,000 a unit, and commercial to be left at staff recommendation, $7,000 an acre. Mayor Furlong: Okay. Any other discussion on this item? If not, I guess I will discuss with you with regard to your, the issue raised. My concern is, I certainly appreciate the concern is that these directly impact the price of the homes in our city and that is an issue. Home prices are rising and the more fees that the city imposes to the developer will be passed along with higher prices and that's a concern I have with this. Though at the same time our parks are important and we need to adequately fund them and maintain them so, I'm concerned about it and I just wanted to express that concern at this time and the impact it has. If there's no other discussion, do you want to make a motion in that regard? Councilman Lundquist: Motion to approve resolution establishing park dedication fees at residential single family/duplex $2,400 a unit, multi-family/apartment units $2,000 a unit, commercial/industrial properties, $7,000 an acre. And also that we amend Chapter 18, Article IV 19 City Council Meeting - January 27, 2003 of the Chanhassen City Code concerning parkland dedication requirements as detailed in the ordinance amendment page. Mayor Furlong: Okay. Is there a second to the motion? Councilman Peterson: Second. Mayor Furlong: Is there any other discussion on the motion? Resolution g2003-19: Councilman Lundquist moved, Councilman Peterson seconded that the City Council combine park and trail dedication fees into one "park dedication" fee and establish the 2003 rates as follows: Residential Single Family/Duplex Units Multi-Family/Apartment Units Commercial/Industrial Property $2,400/unit $2,000/unit $7,000/acre Additionally, amend Chapter 18, Article IV of the Chanhassen City Code concerning parkland dedication requirements as detailed in the attached ordinance amendment. All voted in favor and the motion carried unanimously with a vote of 4 to 0. Mayor Furlong: Item l(a)(6). Councilman Labatt. Fee structure for vehicle lock-out. Councilman Labatt: I've had a problem with this since we discussed talking about it and I just wanted to pull it for separate consideration. I don't think we should be charging our residents who lock themselves out of their vehicle but. Mayor Furlong: Okay. Is there any other discussion on this matter? If there's not, is there a motion to, is there a motion? Councilman Peterson: Motion to approve. Mayor Furlong: Is there a second? Councilman Lundquist: Second. Mayor Furlong: Any discussion? Resolution g2003-20: Councilman Peterson moved, Councilman Lundquist seconded to approve charging $50 per incident for vehicle lock-out services provided by the City of Chanhassen. All voted in favor, except Councilman Labatt who opposed, and the motion carried with a vote of 3 to 1. Mayor Furlong: Item l(b). Councilman Lundquist. This is regarding approval of plans and specifications and authorize advertising for bids, City Center Commons. Councilman Lundquist: Thank you Mr. Mayor. The reason I asked for this item to be removed is for comment on what this item actually is and the significance of it. This is the park around our new library and the old bank building and all the areas surrounding it and quite a bit of effort and expensive design work and landscaping has gone into putting this park together. It looks like a fabulous design. It's really going to finish off the library and make it a great area for the 20 City Council Meeting - January 27, 2003 community but what we're talking about is going out to bids on a project in the neighborhood of $800,000 to a million dollars and although we're not authorizing the funds at this time, I thought it was a significant dollar amount that it warranted that being pulled for further discussion so that many of our residents that are watching tonight or in the audience, realize that's what that item is and the dollar amount we're talking about. Mayor Furlong: Okay. Is there any other discussion? If there's none, is there a motion? Councilman Peterson: Motion to approve. Councilman Labatt: Second. Mayor Furlong: Any discussion on the motion? Resolution g2003-21: Councilman Peterson moved, Councilman Labatt seconded to approve the City Center Commons plans and specifications as presented and authorize the advertisement for public bids. All voted in favor and the motion carried unanimously with a vote of 4 to 0. Mayor Furlong: Item (c). Approve plans and specifications and authorize the bids, advertising for bids, Lift Station 1 Improvements, Project 01-11. Councilman Lundquist. Councilman Lundquist: Teresa, this is more questions for you is, funding methods for this... I think this is the one you talked about the utility fund being the source of funding for that, is that correct? Teresa Burgess: Correct. This one is proposed to be funded 100 percent out of the utility fund. Councilman Lundquist: And when I looked through the capital plan and the utility fund I didn't see this item specifically listed so I guess my question is, is this an addition to what you proposed as a project to the utility fund or were you planning on substituting this item for something else that was already in the plans for utility fund dollars? Teresa Burgess: This project was not part of the CIP. It was initiated based on a council action. It was not something that staff brought forward. It was council directed us to do. Councilman Lundquist: Okay. So that, this would be in addition to the amount that was approved on the CIP? Teresa Burgess: Correct. Councilman Lundquist: In December. Todd Gerhardt: Just a better clarification on that. Part of it is a maintenance issue, which the budget allows us to use money for. So I think there's 10 feet of watermain that's going to get replaced as a part of this. Teresa Burgess: This is sanitary sewer. 21 City Council Meeting - January 27, 2003 Todd Gerhardt: Sanitary sewer, I'm sorry. And we're also installing paver bricks in there to help offset costs that we incurred. Every year we have to go in there with our Vac truck and we dig it up so I'd almost classify this capital installation as a maintenance item. Councilman Lundquist: My concern is more around the addition of it rather than a substitution. I mean this is council action that was done...CIP plan is put together and I guess even if it wasn't. If it's a big enough priority and I'd like to see rather than continuing to spend 695, $695,000 that's in the CIP for this year, that we consider substituting something on that list in the amount of $115,000 on this one with that so that we can keep that capital budget where it's currently at. Todd Gerhardt: We can do that, but periodically we will have emergencies that if we can have the flexibility to bring those back for your consideration and, or if, this was kind of an ongoing thing for almost a year. Discussion with the homeowners association so. Teresa Burgess: If I could clarify for the council. Nothing in the CIP that's under the utility section will go forward without coming to the council anyway, so rather than at this time deleting something to make a funding balance, we will certainly take a look at it and if there's something that can be bladed, we will. But I would like to keep the flexibility of bringing those projects back for council to consider at a future date when we've done a feasibility study on it. Councilman Lundquist: Absolutely and I'm not suggesting that we go ahead and take anything off of the list. I guess my viewpoint is that...I guess my expectation is I don't want to see utility fund projects at the end of the year add up to more than 695 that's in there now. Going forward if we know that there's certain projects that certain funds and areas that we need to do under maintenance that we have to budget for those and call them general maintenance utility, whatever they may be and so I'm not suggesting that we delete any projects on there. And if this one's a high priority, it needs to be done, it needs to be done but realize that at the end of the year I' 11 be critical if we get to a point where we're exceeding money that's in that CIP. Todd Gerhardt: Makes sense. Mayor Furlong: Okay. Councilman Labatt: Oh, one quick question. Is this the lift station or is the next one that you pulled? Todd Gerhardt: They're both. Teresa Burgess: They're both lift stations. Councilman Labatt: Which one was the one that had the screening that the resident wanted us to pay for the screening of it? Teresa Burgess: I believe both have had the request for screening. Lift Station #10 is the generator and as part of our discussions with the property owner for the improvements to that lot we are putting in the generator. And we are required to screen a generator. That is our zoning code requirement. Councilman Labatt: Okay. And what are we going to screen it with? 22 City Council Meeting - January 27, 2003 Teresa Burgess: We will be putting out a bid for fencing and we are not specifying the type of fence. It just has to meet our zoning code and we will then bring that for council consideration once we' ve received those proposals. Councilman Lundquist: This is the Sunrise Hills, that was Lift Station gl, correct? Teresa Burgess: Correct. They're linked project. It's Lift Stations 10 and 1 and so they are the same project, but it is two lift stations. Councilman Labatt: So I'm confused here as to why you say we're required to screen them. Teresa Burgess: Because of the generator, we're required to screen a standby generator, correct. Councilman Labatt: Okay. Todd Gerhardt: But Teresa we're not screening Lift Station gl. Teresa Burgess: We are not screening Lift Station gl. The request was made at one point by a property owner, but we're not doing it. And we're not required to and to do that would actually be more intrusive than to leave it as is. Councilman Labatt: Okay. That's the only question I had. Mayor Furlong: Okay. Any other questions? Comments? If there are none, is there a motion regarding item (c)? Councilman Lundquist: Motion to approve plans and specifications for Lift Station 1 improvements and authorize advertising for bids. Councilman Peterson: Second. Mayor Furlong: Any discussion on the motion? Resolution g2003-22: Councilman Lundquist moved, Councilman Peterson seconded to approve the plans and specifications for Lift Station gl Improvements and authorize the advertisement of bids for the project. All voted in favor and the motion carried unanimously with a vote of 4 to 0. Mayor Furlong: Item l(m). Award of bids, generator for Lift Station gl0. Councilman Lundquist: I'll make this one real quick because it just tacks on... I'm assuming as Teresa has stated, this is going along the same project that we just talked about advertising the bids and this is out of the utility fund as well. Teresa Burgess: Correct. When the plat for Big Woods on Lotus Lake came through the council directed that we install a permanent generator. Councilman Lundquist: That's all I had. Councilman Peterson: Just to give you some background Brian. When we approved those a year ago, began the process, we had the money in the capital plan. It was an extra per se, so the 23 City Council Meeting- January 27, 2003 question was asked and the funds were carried forward. I'd be interested to find out why we didn't put that as a line item if we knew it was there and we already approved it so I think that's just a, that's just a... If we know we're doing a capital project, we should have it in the capital plan as a marked line item. Mayor Furlong: Just a point of clarification. This is just to award the bid for the generator itself. It doesn't have to deal with any other issues related to it's installation of the generator. Teresa Burgess: No, this is just the generator. We'd like to get the order placed for the generator so it will be ready by April. We will be coming back to council for award of contract for the installation and wiring and the pad renovations. Those will be a separate contractor. Mayor Furlong: Okay. Any other questions on this? Is there a motion regarding it then? Councilman Lundquist: Motion to award bids, generator lift station number 10. Councilman Peterson: Second. Mayor Furlong: Any discussion? Resolution ~2003-23: Councilman Lundquist moved, Councilman Peterson seconded to award the bid to Ziegler (Caterpillar) in the amount of $31,960.52 for a generator at Lift Station #10. All voted in favor and the motion carried unanimously with a vote of 4 to 0. COUNCIL PRESENTATIONS. Mayor Furlong: Any council or commission liaison updates? Councilman Peterson: The only item that I have regarding Southwest Metro Transit. I think you're all aware that they had a rider incident recently where a rider boarded a bus down in Minneapolis and came out to Eden Prairie and did a bomb threat from there which the Eden Prairie police department did a fine job in mitigating and to resolve the situation. There was no bomb but I think what it did, it tested our emergency procedures for Southwest Metro and they really worked well. Ridership really wasn't affected and albeit a scary situation, it tumed out to, as best as it could have been. The other item is that we did close finally on all the land that surrounds Southwest Metro Transit station. That now is in the hands of developers and they have begun digging dirt so the Culver's and the Krispy Kremes and Ruby Tuesdays are being quickly put together and should, you should see a very different development by year end so everybody's pretty excited about that so it will be a very, very interesting building site for everybody in this region so, that's it. Mayor Furlong: Okay, thank you. Any questions? Any others? I guess the only one I would mention. Mr. Gerhardt and I attended the Minnetonka School District meeting this, I guess it was this past week. Todd Gerhardt: Yep. Mayor Furlong: With the other mayors and city administrators in that district and it was a good meeting. I think there, the issues that we're dealing with, especially with the budget, the concern about state aid is prevalent. It affects different cities differently but they're all looking to deal with it. ! guess what I was pleased in attending that meeting is that I knew coming into tonight 24 City Council Meeting - January 27, 2003 we had a plan already in place and that was kind of nice to know that we're taking on so, but just some information... Anything else? If not we'll close council presentations and move to administrative presentations. ADMINISTRATIVE PRESENTATIONS. Todd Gerhardt: Kate's prepared to update the City Council on the proposed 2005 MUSA work plan and at this time I' 11 send the mic over to Kate. Kate Aanenson: Thank you. I'm looking for some direction from the council. I'll make a brief presentation. What I did, I put together again kind of a flow chart. We identified this 2005 MUSA area. We're going to go through the boundaries. Audubon. 212. And Lyman. 650 acres in that project area. You gave conceptual approval to Town and Country. They have to do an Environmental document. What we agreed to at that point is that we do an area wide assessment. We did meet with the EQB Monitor who is the state agency that reviews environmental documents and with the city attorney, I met with them to put together what we believe is a better strategy to do this project. Not look at this piece in a vacuum but step back and plan for that whole entire area as we affectionately call it the 2005 area. So what we have going out is the RFP's just about ready to go. We've got the draft form. Sending that over to the attorneys and that will go out. We'll get proposals back on that. You want to go to the last page, I've got kind of more detail notes. The last page and that's kind of what I really want to focus on. So we've met with SCH. They've given us the draft. We've made comments and it's ready to go as I indicated. We just want the city attorney to look at that. Then it will, we were looking for a committee to actually work on the analysis of this. When we did the Highway 5 corridor study we had a specific task force. What I'd like to do on this is mainly use the Planning Commission because they're going to be seeing the blunt of this as we go through the comp plan, but I would also like to have at least 2 council. We can't have 3, but we'd like to have 2 at least involved in the process so as we move things forward people have a grasp of where we're going to with this. It is a large planning project. Different than redevelopment but, so I wanted to keep planning and City Council and I'd like a park commissioner and of course engineering, planning staff and park and rec staff would be involved with this too. So with that we've kind of got a study committee. A group that's reviewing this. We've got our assessment out so once we get, put it out for bid. The goal then is to come back and meet with the neighborhood. There's about 13 large significant property owners in that area. We've been meeting with them. They know they're in the next for development. Meet with them. Share with them the cost. Town and Country will be bearing the cost for their assessment. They will be doing a much narrower scope because they have to delineate all the wetlands. The rest of it in meeting with again the Environmental Quality Board, what they indicated to us is that we can do a more cursory review so that's less cost and any specific property owner to pay and add to it and we can include that and amend that in the document the purpose of meeting with them. So meet with the property owners and the developer to apprise them of what the costs are. Come back and get your approval and tell you how we're going to pay for those costs to do that project. So now they're out doing the study, the consultant. We need to find out exactly where the roads are going to go. How wide they need to be. How we're going to get sewer to these areas. The significant natural features. Again planning the area. This is an area wide review that was done for Gateway Business Park so we've done these before, but it's a lot to digest so as part of this group we'll be coming back and getting feedback. Breaking it down into bite size pieces instead of just having one public hearing and trying to dump it on all at once. Kind of tracking that also, we also know there's the school district's possibly looking for another site. We need a fire station so we're looking at some of the public, whether we want a park. How big of a park we need, so as we pull some of those numbers together we'll be also providing some other process that this group, study group will be 25 City Council Meeting - January 27, 2003 looking at too to kind of pull that together identifying, as we've done other comp plans. We know we need a school in this area, maybe identifying one or two pieces so as properties come in, it's not the last guy. The last person in gets everybody stuck. We need to look at where it needs to be based on traffic patterns and the like. Planning at it's best so I've kind of broken down a couple of meetings, and again as we look at their proposals that come back, we have a better idea of how many meetings we think we may need and how some of those could just be staff oriented too, so I kind of broke them down by topics. Again then we have a comment period. It has to be published for 30 days. We offer a comment period. Pursue that. And then what I've put in there is once we get that done we're kind of shooting on our time line, probably August and I think that's pretty realistic. Now if we get bogged down on a lot of issues, there seems to be some controversy, there's some big hurdles that we hadn't anticipated. School district decides to put down a large school on the site. We need to rethink maybe some of our land uses, that may slow something down as we find something we hadn't anticipated. But I think by August we could have things in place and that would allow Town and Country then to proceed with coming back with their preliminary and final plat so they could be ready to go actually maybe a little bit sooner. But that also requires the city to make some decisions. We would also have to kind of maybe provide, we've got the lift station there, provide the extension of those services under probably an assessment project so that would be kind of a separate study so there's a lot of different things going on. But the main thing I wanted to communicate to you that we are going forward with this process. Kind of give you an idea of where anticipating it going and then I would like your approval on kind of how I've laid out, or if you have some other ideas or direction on that. Mayor Furlong: Okay, thank you. Any questions? Councilman Peterson: The only question I had. I'm assuming when you get down to the selection of the consultant, have we budgeted those funds for this project this year? Kate Aanenson: Those would be coming out of the storm water and utility funds. Councilman Peterson: Both? Kate Aanenson: Yes. Right, and both of those are anticipated as development occurs, again Town and Country will be paying their portion of what's required. They have to do an EA, so they're obligated for that. So actually in the environmental document we've called out for the, whoever does it, prepares a document has to attribute a cost separate to this project, to Town and Country project to the rest of it. And some of it for the wetland stuff that we can use, we'll attribute to that so it will be broken into a couple different funds, but we will share that with you, how we're going to pay for that. Mayor Furlong: Thank you. Is the expectation that those funds would then be reimbursed? Kate Aanenson: Correct. And I'm also anticipating that some property owners may be ready to go forward once we maybe come back with them and we have to tell them we'll be on your property. That some may be willing to. They've been all being negotiated with. That they may be willing to actually have that level of detail in the scoping document. That they might want that so they're ready to go forward. Some of the more detailed delineation on the area wide. And that would allow them to kind of proceed forward too so. Councilman Lundquist: So what about those landowners that would want to proceed with that, that would be... 26 City Council Meeting - January 27, 2003 Kate Aanenson: Be an option. Councilman Lundquist: ...off of the city. Kate Aanenson: That's correct. And also in the environmental document it does allow some of the cost to be assessed, for some of the hearing cost. Some of the cost of preparation so that's something that I need to confer with the city attorney too to get clarified but some of those costs can be passed through too. Costs of public heatings and notices, send that to the applicant so we'll work on that too. Oh, the other thing I was going to say is once you have put this process, I do have a work session scheduled with the Planning Commission so I'll be sharing this same process with them. And then I did speak to Town and Country who' s again kind of the tail that' s wagging the dog on the rest of this, to let them know that there's a process in place and that we'll be sharing that with them too after I get your approval. Councihnan Peterson: So you need a couple of people is what you're asking? Kate Aanenson: That's correct. And if you're comfortable with the Planning Commission. Again, the Planning Commission is going to be really the lead to review the comp plan, but I certainly want someone from the park commission and certainly the park director would be involved in that too because, and the city engineer, because the elements come across the board as far as planning. Mayor Furlong: You mentioned presenting this to the Planning Commission in a work session. Kate Aanenson: Yes. Mayor Furlong: What other discussions have you had... Kate Aanenson: They're aware of the Town and Country project. We did tour some other new urban projects. Talked about planning and long range. I haven't shared to them this level of detail yet but they know we're doing a longer range plan in this area. Councilman Peterson: It looks like a good plan. Let's just get it moving. Mayor Furlong: Is there, are there, I'd be willing to serve as one of the members from the council, unless there are two others that would like to. Councilman Labatt: I was thinking you and Craig would be good. Craig's a former planning commissioner. Councilman Peterson: I'm fine with that. Councilman Labatt: If Craig didn't want to do it, maybe Brian. Mayor Furlong: You say Craig has experience. What do I have? Councilman Labatt: You're just a rookie. Mayor Furlong: I need to learn. Okay. Thanks. Any other administrative reports Gerhardt? 27 City Council Meeting - January 27, 2003 Todd Gerhardt: Just wanted to highlight in the correspondence packet. When we entered into our prosecution contract with Carver County, I've been putting in for more Brian and Tom's information, our share of the prosecution contract for 2002 is in there, and then also the statistics for the quarter. So that comes quarterly. Mayor Furlong: Okay. Good, anything else? Todd Gerhardt: That's it. Mayor Furlong: Okay, no other items to be said tonight? Councilman Lundquist: How are we doing on the library? Todd Gerhardt: We're moving along. They're anticipating that the floors to be poured here starting next week, so you'll start seeing gaps in the buildings, wherever there's openings enclosed with temporary windows or walls and start pouring the floor, so it's a good thing. Mayor Furlong: Any other questions? If there's none, if there's a motion to adjourn, the council will reconvene at a work session back up in the courtyard conference room. If there's a motion to adjourn. Councilman Labatt moved, Councilman Lundquist seconded to adjourn the City Council meeting. All voted in favor and the motion carried. The meeting was adjourned at 8:50 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 28